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HomeMy WebLinkAboutPacket Jul 24 2018WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2018-216 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: GSS 7112118 517 -- 7124118 Natural Resources Division Head: GSS 7112118 Dept. Head:C,:�s„� Prosecutor: Purchasing/Budget:' Executive: 46 1, 16 , / TITLE OF DO T. Briefing of Council on August 1, 2018 WRIA 1 Watershed Management Board meeting ATTACHMENTS: DRAFT WRIA 1 Watershed Management Board 2018-2023 Work Plan SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing? ( ) Yes (X) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: S UMMA R Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinall ce or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Staff will brief council on items to be placed on the agenda for the August 1, 2018 Watershed Management Board meeting including input to the administration on the draft WRIA 1 Watershed Management Board 2018- 2023 Work Plan. 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. RIA1 INTEGRATED PROGRAM MANAGEMENT WRIA 1 Watershed Management Board Bellingham a Blaine - Everson - Ferndale a Lynden - Nooksack - Sumas a Whatcom County , Public Utility District No. 1 of Whatcorn County Lummi Nation a Nooksack Indian Tribe m Washington Department of Fish and Wildlife Draft Document — Version - 07/12/18 W u RXIA I Watte r s h E ;-- d M a n clgerntemt Board I I J 1 11 1 1 1 1 1 1 1 2 Draft Document — Version - 07/12/18 1 Introduction 2 The WRIA 1 Watershed Management Board' (WRIA 1 Board) directed its Management Team to propose an 3 integrated multi -year work plan, budget and funding strategy to advance WRIA 1 program and plan 4 strategies that are a function of the WRIA 1 Board. Under its 2016 Interlocal Agreement2, the three 5 primary program functions of the WRIA 1 Board include: 6 1. facilitate implementation and adaptive management of the WRIA 1 Watershed Management Plan- 7 Phase 1 as currently constituted or subsequently amended; 8 2. Coordinate implementation and adaptive management of the WRIA 1 Salmonid Recovery Plan and 9 associated implementation document, serve as the Lead Entity for salmon recovery in WRIA 1, 10 coordinate participation in Puget Sound salmon recovery efforts, and coordinate development, 11 implementation, and adaptive management of WRIA 1 watershed chapters of recovery plans for 12 ESA listed salmonids and other salmonid species as warranted; and 13 3. Coordinate planning, implementation, monitoring and adaptive management of ecosystem 14 recovery actions in WRIA 1 and serve as the Whatcom Local Integrating Organization. 15 The proposed multi -year plan spans a five-year timeframe and integrates actions from the existing WRIA 1 16 programs described below and, consistent with the WRIA 1 Watershed Management Board December 17 2016 Interlocal Agreement, begins to integrate other natural resource management efforts that are 18 inextricably linked. 19 WRIA 1 Watershed Management Project 20 The WRIA 1 Watershed Management Project foundation is the 2005 WRIA 1 Watershed Management Plan 21 (WRIA 1 WMP). The WRIA 1 WMP includes the WRIA 1 Instream Flow Selection and Adoption Action Plan 22 (ISF Action Plan) and the over -arching WRIA 1 Long Term Monitoring Plan. Also associated with the WRIA 1 23 WMP are the WRIA 1 Detailed Implementation Plan and the Lower Nooksack Strategy, which is a subset of 24 implementation actions in the WRIA 1 WMP and Detailed Implementation Plan. The WRIA 1 Watershed 25 Management Project studies and documents are found at the project website, which is 26 wrialproiect.whatcomcounty.org/. 27 WRIA 1 Salmon Recovery Program 28 The WRIA 1 Salmon Recovery Program includes the 2005 WRIA 1 Salmonid Recovery Plan and associated 29 implementation documents (restoration strategy, SRFB/PSAR restoration priorities, 4-year work plan, 30 Nooksack Chinook monitoring and adaptive management framework). The WRIA 1 Salmonid Recovery Plan 31 identifies recovery goals for North/Middle Fork Nooksack early Chinook and South Fork Nooksack early 32 Chinook, both independent populations essential for recovery of the Endangered Species Act -listed Puget 33 Sound Chinook, limiting factors, and management actions; the WRIA 1 Salmonid Recovery Plan serves as 34 the Nooksack chapter of the Puget Sound Chinook Recovery Plan. Additional functions of the WRIA 1 35 Salmon Recovery Program include coordinating the local element of the annual salmon recovery funding 36 grant process and submitting an approved project list for state Salmon Recovery Funding Board ' WRIA 1 Watershed Management Board name was established with the execution of the December 2016 Interlocal Agreement that consolidated the WRIA 1 Salmon Recovery Board and WRIA 1 Watershed Joint Board and their associated programs, roles and responsibilities under a single Interlocal Agreement. 2 wrialproject. whatcomcounty. org/uploads/PDF/Guiding%20Documents%20and %20Plans/WRIA%201 %20Watershed%20Management %20Board%201LA%20-%20FINAL%20with%20signatures.pdf Pagy of 15 Draft Document -- Version - 07/12/18 37 consideration, updating annual habitat restoration strategy documents, and coordinating implementation 38 of key actions. in the WRIA 1 Salmonid Recovery Plan. The WRIA 1 Salmon Recovery Program plans and 39 background information are found at the project website, which is salmonwrial.org/. 40 Whatcom Local Integrating Organization 41 The WRIA 1 Board serves as the Whatcom Local Integrating Organization (LIO), which is one of nine LIOs 42 recognized by the Puget Sound Partnership. The purpose of the Whatcom LIO is to coordinate local 43 recovery actions that will support Puget Sound recovery, maintain a point of contact for Puget Sound 44 Action Agenda implementation, and provide local feedback to Puget Sound recovery strategies. A 45 Whatcom LIO Ecosystem Recovery Plan was drafted under the framework provided by the Puget Sound 46 Partnership. The LIO plan builds from and integrates existing local plans and programs. The June 30, 2017, 47 Draft Whatcom LIO Ecosystem Recovery Plana will be adaptively managed and updated to reflect the WRIA 48 1 Watershed Management Board Five -Year Work Plan. Information related to the Whatcom Local 49 Integrating Organization is found at WRIAlproiect.whatcomcounty.org/Get-involved/`Whatcom-Local- 50 Integrating-Organization-(LIO)/109.aspx. 51 Relationship of WRIA 1 Watershed Management Board 2018-2023 Work Plan to Other Programs 52 The WRIA 1 Watershed Management Board multi -year plan includes eight strategies that represent a 53 subset of actions from existing WRIA 1 programs and plans and are consistent with the WRIA 1 Board's 54 purpose outlined in the 2016 Interlocal Agreement to coordinate and integrate other natural resource 55 management actions implemented through other programs (Figure 1). 56 As shown in Figure 1, the Coordination and Implementation Strategy is the overall coordination under the 57 WRIA 1 Watershed Management Board. The coordination task outlined in Strategy 1 supports the 58 coordination tasks identified in Strategies 2-8 and provides the linkage to complementary programs, 59 actions. Complementary programs, actions, and plans include but are not limited to efforts such as the 60 Whatcom Clean Water Program, the Whatcom County River and Flood Division floodplain integrated 61 planning, and the Watershed Improvement Districts' planning. The complementary efforts are related to 62 the WRIA 1 Watershed Management Board's Work Plan because they play an important role in local 63 ecosystem recovery planning and Puget Sound recovery (Strategy 8). Strategies 2-6 are implementation 64 actions associated with the planning documents identified in the WRIA 1 Watershed Management Board's 65 functions outlined in the 2016 Interlocal Agreement and lead to adaptive management of those plans. 66 Many of the tasks in Strategies 2-6 are interdependent and linked. This is the area of the multi -year work 67 plan that is likely to see the most adjustments on an annual basis. Strategy 7, Integrated Monitoring and 68 Central Data Management, supports and informs the implementation actions (Strategies 2-6). Outcomes 69 from Strategies 1-7 including continued interaction with complementary programs inform adaptive 70 management of the Whatcom LIO Ecosystem Recovery Plan and future local actions that achieve Puget 71 Sound recovery for consideration in the next Puget Sound Action Agenda update (Strategy 8). 72 3 The Draft Whatcom 00 Plan was prepared in accordance with planning grants to local integrating organizations around Puget Sound to develop local ecosystem recovery plans that will support Puget Sound recovery. It conforms to the framework developed to meet the interests of the Puget Sound Partnership 4 Page 3 of 15 Draft Document —Version - 07/12/18 Figure 1. 2018-2023 WRIA 1 Watershed Management Board Work Plan Strategies and Relationship to Complementary Programs, Actions, and Plans WRiA 1 Watershed Management Board Primary Functions' Salmon Recovery Plan Watershed Management Plan Ecosystem Recovery (LI0) "°d'Ci �t. i�ia fi' z-, itaf' oii a 70'er vl'/ fi4.1 I�Strategw# Cc -ordination and, dministratic-n w� Strate;gyr #2 5trate:gy#3 Strate,gw'#k Strate;gy#5 Strategy#& Croundviater RegionaI'Aater Drainage Based Salmon Recovery Watershed Plan Model SupplyPlan Management Plan Plan Actions Actcns Strategy#7 Monitoring/Data ManagementM Strategy#8 Ecosystem Recovery Plan Updates_ IT �hepr+'nip"I,furction-5oftheWPA3I'VDtershedig4oOoge eriffooduredescr-ibeo'nthe&eernber2GI6irten'"r.;A g ret.ment Pagv of 15 Draft Document — Version - 07/12/18 74 WRIA 12018-2023 Work Plan and Funding Strategy Format 75 The 2018-2023 WRIA 1 Watershed Management Board's multi -year plan is intended as a five-year 76 integrated strategy for implementing and sequencing actions that address water quality, water quantity, 77 floodplains, salmon recovery, and stormwater. It is anticipated that the actions implemented in the 2018- 78 2023 plan will also support negotiation of water rights among the affected parties. 79 While the 2018-2023 Plan identifies "administrative leads" for individual strategies, the intent is to 80 implement the strategies within the overall structure and decision -making process of the WRIA 1 81 Watershed Management Board and 2016 Interlocal Agreement (Figure 2). 82 The level of detail is greatest for the first two years of the work plan. Plan status will be reviewed annually, 83 and updated as needed. Following is a description of the plan sections: 84 Section 1: Narrative 85 The first section of the work plan is a narrative that provides a description of each strategy. Under each 86 strategy is a list of the general tasks, anticipated milestones, and estimated budgets. Many of the tasks 87 listed under a strategy are interdependent with or support tasks in other strategies. These dependencies 88 are referenced in the narrative and are shown on the timeline that is in Section II of the work plan. 89 Section ll: Timeline 90 Section II is an overall timeline for the full five-year work plan and funding strategy. The timeline shows the 91 administrative lead for the listed strategy, scheduled tasks and where there are tasks that are dependent 92 on or supporting other tasks. As with the overall 2018-2023 Plan, the level of detail in the timeline is 93 greatest for the first two years. The timeline will be reviewed annually and adjusted as needed. 94 Section lll: Technical Appendices 95 The technical appendices will include the highest level work plans available for actions that are 96 implemented under the WRIA 1 Watershed Management Board's 2018-2023 Work Plan and Funding 97 Strategy. Not all strategies are represented in the technical appendices. 98 Management 99 The WRIA 1 Watershed Management Board intends to coordinate the work plan as it is adopted by the 100 Members, and will support efforts to obtain funding. The WRIA 1 Management Team will administer the 101 work on behalf of the WRIA 1 Watershed Management Board as described in Strategy 1 WRIA 1 Watershed 102 Management Board Work Plan Implementation and Administration. Administrative leads are identified for 103 each of the strategies to oversee implementation and individual entities or consultants may be contracted 104 with to implement tasks within strategies. Individual tasks/strategies may be implemented by individual 105 member entities 6 Page 5 of 15 Draft Document —Version - 07/12/18 106 Figure 2. WRIA1 Watershed Management Board Structure (Source: 2016 WRIA 1 Interlocal Agreement clarified to reflect Ex- 107 Officio representation) 108 109 County Council I City Councils Tribal Councils PUD No. 1 Commission WDFW 110 111 112 Planning Unit*/County 113 Advisory Committee(s) WRIA 1 Watershed Management Board 114 115 116 117 118 119 120 121 122 Salmon Co -Manager Caucus Lummi Nation, Nooksack Indian Tribe, Washington Department of Fish and Wildlife 123 WRIA 1 Management Team 124 (Composed of designated representatives of the WRIA 1 Watershed Management Board Entities: Whatcom County, 125 Bellingham, PUD No. 1, Small Cities Representative, Lummi 126 Nation, Nooksack Tribe, Washington Dept. of Fish and Wildlife) State and Federal Agencies' Engagement 127 128 Work Groups and Staff Teams inform or provide WRIA 1 Management Team provides administrative 129 technical support and recommendations to the decision -making and makes recommendations to WRIA 1 Management Team the WRIA 1 Watershed Management Board 130 131 132 Ad Hoc LIO Staff Team Salmon Staff Watershed 133 Work Groups Team Staff Team 134 135 136 Adhloc_Work Groups Examples L1O__S,almon,and_WatersMedStaj`Teams—These 137 of Ad Hoc Work Groups that link are staff teams that are involved in to the multi -year WRIA 1 implementation of WRIA 1 plans and support the 138 Watershed Management Board WRIA .1 Management Team and WRIA 1 139 Work Plan include Whatcom Watershed Management Board as technical staff. 140 Clean Water Program, Whatcom 141 Water Supply Work Group, Flood 142 Integration Planning Team 143 144 145 *This diagram reflects the Planning Unit's advisory function to the Whatcom County Council under Whatcom County Resolution #2013- 146 025. Additional roles for the Planning Unit were also designated in RCW 90.82 and ESSB 6091. Page,.b OfIs Draft Document —Version - 07/12/18 147 Summary of Strategies and Budget Estimates* Strategy Administrative Lead Years 1-2 Years 3-5 Total for 5-Year Plan Strategy 1: Implementation WCPW5 $136,000 $306,000 $442,000 and Administration Strategy 2: Ground Water WCPW6 $100,000 $150,000 $250,000 Model and Technical Support Strategy 3: Regional (WRIA- PUD No. 1' $210,000 $170,000 $380,000 Wide) Water Supply Plan Strategy 4: Drainage Based WCPW8 $115,700 $337,500 $453,200 Management Planning Strategy 5: Salmon Recovery Co-Managers9 $540,000 $1,055,000 $1,595,000 Plan Implementation Strategy 6: WRIA 1 Watershed WCPW10 $208,500 $60,000 $268,500 Management Plan Update Strategy 7: WRIA 1 Integrated Monitoring and Data PUD No. 111 $876,120 $1,326,289 $2,202,409 Management Strategy 8: Whatcom LIO Coordination and Adaptive WCPW12 $33,000 $49,500 $82,500 Management 148 149 *Estimates will be updated as they are refined; for many tasks the estimates are for planning purposes. Administrative lead oversees implementation within the framework of the WRIA 1 Watershed Management Board. 5 WCPW has historically been the lead for administering the WRIA 1 collaborative planning process on behalf of the WRIA 1 Joint Board and they are the owner of the 2018-2022 Near Term Action submitted for funding consideration as part of the Puget Sound Action Agenda process. 6 WCPW is currently the lead for the construction of the groundwater model. ' The PUD No. 1 was lead for this task under the Lower Nooksack Strategy and is the owner of the 2018-2022 Near Term Action submitted for funding consideration as part of the Puget Sound Action Agenda process. 8 WCPW is the owner of the 2018-2022 Near Term Action submitted for funding consideration as part of the Puget Sound Action Agenda process. 9 The Lummi Nation has been the fiscal agent on behalf of the WRIA 1 Watershed Management Board for receiving and administering salmon recovery lead entity grant funds. The Co -Managers are also owners of several 2018-2022 Near Term Actions associated with salmon recovery monitoring and adaptive management. 10 WCPW is currently lead for updating the WRIA 1 Watershed Management Plan; Whatcom County is lead agency. 11 PUD No. 1 is the owner of the 2018-2022 Near Term Action submitted for funding consideration as part of the Puget Sound Action Agenda process. 12 WCPW is currently fiscal agent acting on behalf of the WRIA 1 Watershed Management Board for receiving and administering the LIO coordination grant. 8 Page 7 of 15 Draft Document —Version - 07/12/18 150 SECTION I - NARRATIVE 151 Strategies, Tasks, and 2018-202013 Budget Estimates (Years 1-2) 152 The eight Strategies listed below are intended to be implemented simultaneously under the framework of the 153 WRIA 1 Watershed Management Board. The Strategies are inextricably linked, and, in many cases, tasks 154 between Strategies are interdependent. While there is not a stand-alone strategy for instream flow 155 negotiations, implementing the Strategies and tasks as outlined in this document will support resolution of 156 instream flows, habitat, and water quality issues in an integrated manner that will lead to and could support 157 negotiated water right agreements among the affected parties and Lummi Nation and Nooksack Indian Tribes. 158 The approach for implementing each of the Strategies includes administrative leads that are responsible for 159 overseeing the implementation of tasks, coordinating with task leads, and reporting back to the WRIA 1 160 Management Team and WRIA 1 Watershed Management Board. 161 Strategy 1: WRIA 1 Watershed Management Board Work Plan Implementation and Administration 162 Description: Administer and implement Strategies 2-7 under the framework of the WRIA 1 Watershed 163 Management Board. 164 Total Strategy 1 Budget through 2020: 165 Task 1: Manage and oversee the 2018-2023 WRIA 1 Watershed Management Board Work Plan. Each of 166 the Strategies includes an administrative lead that is responsible for overseeing and managing the 167 implementation of the strategy, which includes identifying and/or contracting with task leads as 168 appropriate. Task 1 of this Strategy is to provide overall administration of the WRIA 1 Watershed 169 Management Board and its work plan under a single administrator as approved by the WRIA 1 170 Watershed Management Board and includes but is not limited to: 171 • Identifying and addressing barriers to implementation as they arise and, as needed, frame and 172 schedule for discussion, resolution, and/or direction to the WRIA 1 Management Team and 173 WRIA 1 Watershed Management Board. 174 • Providing annual review of the Work Plan and presenting its status to the WRIA 1 Management 175 Team and WRIA 1 Watershed Management Board with recommendations for modifications, 176 where applicable or desired. 177 • Supporting WRIA 1 Watershed Management Board function and operation including providing 178 organizational support to the Local Government Caucus, and upon request, the Co -Manager 179 Caucus. 180 Task 2: Program coordination associated with the WRIA 1 framework including providing meeting 181 support to implement Strategies under the 2018-2023 WRIA 1 Watershed Management Board 182 Work Plan. 183 Task 3: Organize, collaborate, and/or conduct outreach associated with the Strategies outlined in the 184 2018-2023 WRIA 1 Watershed Management Board Work Plan. This includes: 185 • Maintain and update WRIA 1 website 186 • Develop integrated outreach strategy. 13 Budget estimates after 2020 will be identified as part of developing a long-term funding strategy for priority actions. Page$ of 15 Draft Document —Version - 07/12/18 187 • Coordinate and collaborate with Whatcom Watersheds Information Network to advance and 188 disseminate WRIA 1 program information as appropriate including participating in planning for 189 speakers, conferences, forums, mailings, and other events. 190 • Coordinating and collaborating with WRIA 1 Watershed Management Board entities, LIO 191 participants, and others as appropriate to support outreach consistent with topics in the WRIA 192 1 Watershed Management Plan, WRIA 1 Salmonid Recovery Plan, and draft Whatcom LIO 193 Ecosystem Recovery Plan. 194 • Implement outreach specific to the Strategies outlined in the 2018-2023 WRIA 1 Watershed 195 Management Board Work Plan to inform the community of program status, obtain feedback 196 and input, and to engage the community in implementation actions. 197 Strategy 2: Ground Water Model(s) and Technical Support. 198 Description: A coupled groundwater/surface water model that primarily covers the LENS study area was 199 initiated as a multi -phase implementation item in 2014 under the former WRIA 1 Watershed Joint Board. 200 The construction of the groundwater model, which is the final phase, will be completed late 2018. The 201 additional needs associated with the groundwater model include receiving and operating the model, 202 which are reflected in the tasks outlined below, and expanding it to other areas of WRIA 1 such as the 203 South Fork Nooksack Watershed where a groundwater model has been proposed by Nooksack Tribe in 204 partnership with USGS. 205 Total Strategy 2 Budget through 2020: $ 206 Work Products: Operation of WRIA 1 groundwater model; Options for expanding groundwater model 207 Task 1: Coordinate technical review of groundwater model within the WRIA 1 framework and identify 208 additional groundwater monitoring needs for long term model resolution, if any. 209 Timeline: December 2018-January 2019 210 Task 2: Identify options and select preferred option for managing the coupled surface/groundwater 211 model including operation of the model and updating data sets as information becomes available 212 that will result in an increase in the resolution of the model output, and after identifying how the 213 model will be used and key management questions for operating the model. 214 Timeline: August 2018-December 2018 215 Task 3: Identify needs and long term funding for managing the coupled surface/groundwater model. 216 Costs should include but is not limited to staffing, updating data as needed, making information 217 available to the public and other entities, and calibrating the model when appropriate. 218 Timeline: August 2018-January 2019 219 Task 4: Implement recommendation for managing the coupled model. This task is dependent on Tasks 2 220 and 3 of this Strategy. 221 Timeline: Initiate implementation February 2019 222 Task 5: Expand groundwater modeling to other areas of WRIA 1 starting with the South Fork Nooksack 223 Watershed model proposed by Nooksack Tribe in partnership with USGS. 224 Timeline: 2019-2022 10 Page 9 of 15 Draft Document —Version - 07/12/18 225 Strategy 3: Regional (WRIA-Wide) Water Supply Plan 226 Description: This Strategy was originally identified in the 2010 Lower Nooksack Strategy but not 227 implemented due to lack of funding support. Nonetheless, there remains a need for a WRIA 1-wide water 228 supply plan that establishes a framework to address water supply needs beyond the WADOH regulatory 229 framework of the Whatcom County Coordinated Water System Plan (CWSP) and that is consistent with 230 the geographic extent of proposed approaches to settle water rights. Under this Strategy, the regional 231 water supply plan will integrate the 2017 updated CWSP with other out -of -stream and instream water 232 needs, in context with land use, economic viability, and ecosystem recovery. 233 Total Strategy 3 Budget through 2020: $ 234 Work Product: Regional Water Supply Plan 235 Task 1: Coordinate technical work groups and staff teams for drafting and providing feedback and review 236 of water supply plan components. Review of plan components will be coordinated through the 237 WRIA 1 framework. 238 Timeline: 2018-2020 239 Task 2: Consolidate and quantify water availability, water use, and water supply needs for out of 240 stream needs (current and projected) including evaluating water right data base for opportunities. 241 This task is anticipated to focus initially in pilot areas for Strategy 4 (Drainage Based Management 242 Planning). 243 Timeline: 244 Task 3: Compile existing information on instream water needs and identify monitoring priorities to 245 incorporate in Strategy 7. This task is anticipated to initially focus in pilot areas for Strategy 4 246 (Drainage Based Management Planning). 247 Timeline: 248 Task 4: Identify and support water supply and management research, facilitate data collection, and 249 close data gaps. This includes identifying priority needs for monitoring effectiveness of water 250 supply management approaches and solutions. This task will be done in conjunction with 251 Strategies 7 and 4, and related information from the ESSB 6091 update (Strategy 6), as applicable. 252 Timeline: December 2018 253 Task 5: Identify, evaluate, and support solutions for meeting water supply needs. This will be a 254 collaborative and coordinated approach with other efforts evaluating solutions in/for related 255 plans and studies (e.g., Drought Plan, grants addressing water supply, etc.), and in conjunction 256 with Strategies 4 and 6 Drainage Based Management Planning and WRIA 1 Watershed 257 Management Plan (ESSB 6091 update), respectively. Gaps in solutions will be identified, where 258 applicable. 259 Timeline: 260 Task 6: Provide water supply information for connecting water availability to land use and habitat. The 261 outcomes of Tasks 2-5 will be used to improve connections between where water is available and 262 existing land use. Information will be coordinated with Strategies 4 through 6, and will be used to Pagi 10 of 15 Draft Document — Version - 07/12/18 263 integrate water supply needs into other planning efforts (e.g., Comprehensive Plans, Integrated 264 Floodplain Planning, and other watershed -scale plans). 265 Timeline: 266 Task 7: Draft and Final WRIA 1 Water Supply Plan that consolidates information from Tasks 2-6 into a 267 WRIA 1 Water Supply Plan that includes instream and out of stream water needs and identifies 268 ranges of solutions. Review and feedback on the draft plan will be coordinated with technical 269 staff, work groups, WRIA 1 Planning Unit, WRIA 1 Management Team, and other interested 270 parties prior to a final plan. Partnerships with WWIN, WSU, WCD and others will be used for 271 sharing information and to support outreach related to water supply planning. 272 Timeline: 273 Strategy 4: Drainage Based Management Planning 274 Description: Drainage -based management planning (DBMP) is a recommendation in the WRIA 1 275 Watershed Management Plan. The concept is a planning approach scaled to the drainage level and that 276 will consider five elements — water quality, water supply, instream flow, fish habitat, and accountability. 277 Under this approach, targets for each of the elements will be developed and agreed to among the affected 278 parties. A pilot area will be identified for implementing the DBMP approach. Based on effectiveness of 279 the approach in the pilot area, additional sub -basins will be identified to continue the DBMP. This 280 Strategy is inextricably linked to all of the Strategies in this 2018-2023 work plan and is expected to 281 involve identifying and coordinating with a sub -lead for each sub -basin. The approach is similar to an 282 approach introduced and presented to stakeholders by Lummi Nation and is envisioned as a mechanism 283 to help facilitate the resolution of state and federal/tribal water rights in WRIA 1 . 284 Total Strategy 4 Budget through 2020: $ 285 Work Products: Data synthesis and analysis technical memo; subbasin goals for water supply, water 286 quality, instream flows, and habitat; Implementation Plan and Agreements for Drainage -Scale 287 Water Management 288 Task 1: Select pilot sub -basin and establish planning team for drainage -based management planning in 289 coordination with technical staff and other affected parties. Subbasin selection should take into 290 consideration- among other factors- sub -basin level data availability, efforts underway to address 291 water quality, water use, and habitat issues, and a mechanism in place at the sub -basin level for 292 purposes of coordinating this Strategy. 293 Timeline: September — December 2018 294 Task 2: Coordinate synthesis and analysis of available data, identify data gaps, collect data, establish 295 sub -basin goals and identify management Strategies and actions for water supply, water quality, 296 instream flows, and habitat using information collected, synthesized, and coordinated under 297 Strategies 3 and 5-7. Actions identified will include early implementation actions. To the extent 298 available, information generated should use the completed groundwater model (Strategy 2). 299 Timeline: 12 Page 11 of 15 Draft Document — Version - 07/12/18 300 Task 3: Implement and monitor early actions while the full implementation schedule is developed, and 301 the sub -basin goals and solutions are finalized and approved as a sub -basin plan and appended to 302 the WRIA 1 Regional Water Supply Plan and WRIA 1 Watershed Management Plan. 303 Timeline: 304 Task 4: Finalize pilot sub -basin plan and agreements. The final sub -basin plan implementation schedule 305 and agreements will be appended to the WRIA 1 Water Supply Plan and WRIA 1 Watershed 306 Management Plan. 307 Timeline: 308 Task 5: Repeat Tasks 1-4 in other sub -basins, adaptively managing the process or approach based on 309 lessons learned from the pilots. 310 Timeline: 311 Strategy 5: Salmon Recovery Plan Implementation 312 Description: This Strategy reflects the function of the WRIA 1 Watershed Management Board under the 313 December 2016 Interlocal Agreement, which is to facilitate implementation and adaptive management of 314 the WRIA 1 Salmonid Recovery Plan and associated implementation documents, serve as the Salmon 315 Recovery Lead Entity for WRIA 1, coordinate participation in Puget Sound salmon recovery efforts, and 316 coordinate the development, implementation and adaptive management of WRIA 1 watershed chapters 317 of recovery plans for ESA listed salmonids and other Salmonid species as warranted. 318 Total Strategy 5 Budget through 2020: $ 319 Work Products: Annual Update of WRIA 1 Salmonid Recovery Plan Implementation Status; WRIA 1 320 Chinook Monitoring and Adaptive Management Plan update; WRIA 1 Salmonid Recovery Plan 321 update; annual grant round and associated habitat project list 322 Task 1: Update the WRIA 1 Salmonid Recovery Plan and implement associated monitoring and adaptive 323 management tasks. This includes evaluating and updating status of trends of Chinook and other 324 populations, evaluating and updating limiting factors, reviewing status of salmon recovery plan 325 early actions, working with co -managers on hatchery needs and to review status of hatchery 326 contributions to stock recovery (i.e., Skookum Hatchery Chinook captive brood program), 327 coordinating and implementing effectiveness monitoring, facilitating data review, collection and 328 closing data gaps, and preparing an addendum/update to the 2005 WRIA 1 Salmonid Recovery 329 Plan. This task is strongly linked to Strategy 7. 330 Timeline: July 2018-2021 331 Task 2: Coordinate, support and implement salmon recovery actions in WRIA 1. This includes 332 coordinating implementation of Chinook restoration and protection projects in priority geographic 333 areas identified in the Salmon Recovery Program restoration Strategies and the regionally 334 required 4 year project list, supporting implementation of restoration and protection projects in 335 the lower Mainstem tributaries and coastal streams and nearshore and estuarine areas, 336 coordinating and supporting WRIA 1-wide fish passage prioritization and implementation, and Pagi 12 of 15 Draft Document — Version - 07/12/18 337 coordinating and supporting other priority salmon recovery actions, as well as addressing barriers 338 to implementation. 339 Timeline: July 2018-June2020 340 Task 3: Coordinate, support, and implement WRIA 1 Salmon Recovery Program including coordinating 341 completion of grant deliverables associated with the salmon recovery lead entity operating grant 342 such as preparing/updating 4 year project list, updating projects in the Washington State Habitat 343 Work Schedule, coordinating Salmon Recovery Funding Board (SRFB) and Puget Sound Acquisition 344 and Restoration (PSAR) annual grant processes. Additional coordination under this task includes 345 outreach associated with the WRIA 1 Salmon Recovery Program. This task also includes technical 346 staff support related to salmon and habitat information needs for Strategies 2-4 and 6-8. 347 Timeline: 348 Strategy 6: WRIA 1 Watershed Management Plan Update 349 Description: This Strategy reflects the function of the WRIA 1 Watershed Management Board under the 350 December 2016 Interlocal Agreement, which is to facilitate implementation and adaptive management of 351 the WRIA 1 Watershed Management Plan- Phase 1. 352 Total Strategy 6 Budget through 2020: $ 353 Work Product: Streamflow Restoration Act (ESSB 6091) Update of the WRIA 1 Watershed Management 354 Plan -Phase 1 355 Task 1: Update the WRIA 1 Watershed Management Plan -Phase 1 to address the 2018 Streamflow 356 Restoration Act (ESSB 6091) The update will be prepared and approved in accordance with the 357 approved process for Developing and Approving Streamflow Restoration Act (ESSB 6091) Update 358 of WRIA 1 Watershed Management Plan diagram. 359 Timeline: February 2019 360 Task 2: Adaptively manage updates to the WRIA 1 Watershed Management Plan -Phase 1 as applicable 361 and/or as recommended or identified in the 2018 Streamflow Restoration Action Act (ESSB 6091) 362 update to the WRIA 1 Watershed Management Plan- Phase 1. 363 Strategy 7: Develop and Implement a WRIA 1 Integrated Monitoring Program with Centralized Data 364 Management. 365 Description: The WRIA 1 Watershed Management Plan includes a draft WRIA 1 Long Term Monitoring Plan 366 (LTMP) that has not been fully implemented. Further, salmon recovery monitoring needs were not 367 included because they were still in development. The Nooksack Chinook Monitoring and Adaptive 368 Management framework was developed in 2014 and 2015 and needs to be integrated into the LTMP. The 369 original intent of the WRIA 1 LTMP was to have a comprehensive monitoring approach with a central 370 location for data management. This Strategy is to update and implement the WRIA 1 LTMP in a manner 371 that integrates priority monitoring elements of WRIA 1 programs, with quality assurance/quality control 372 to ensure data quality and centralized data storage so that it is easily accessible to all entities. 373 Total Strategy 1 Budget through 2020: $ 14 Page 13 of 15 Draft Document -- Version - 07/12/18 374 Work Products: Updated WRIA 1 Long Term Monitoring Plan; Centralized Data Management; Funding 375 Strategy; Cooperative Monitoring Agreements 376 Task 1: Coordinate with WRIA 1 Staff Teams and entities involved in monitoring to identify and update 377 monitoring needs across WRIA 1 programs including water quality, water quantity including 378 instream flow and water use, habitat, land use, and program and project effectiveness. 379 Identification of monitoring needs should incorporate broad scoping of indicators, data products, 380 protocols, and analysis steps. Coordinate Staff Teams through Tasks 2-4 for purposes of 381 completing an update to the 2007 version of the WRIA 1 Long Term Monitoring Program. 382 Timeline: September 2018 - February 2019 383 Task 2: Identify key management questions and establish priorities for WRIA 1 Integrated Monitoring 384 Program based on review and discussion of the updated monitoring needs and in consideration of 385 Strategies 2-6. 386 Timeline: September— December 2018 387 Task 3: Identify options for and implement a preferred option for a centralized data management 388 approach that provides an easily accessible data storage mechanism so entities working on plans, 389 tools, and/or management solutions know what data exists and have direct access to it. 390 Implementing a centralized data management approach will also include identifying options and 391 selecting a preferred option for long-term management of data. The preferred option will be 392 presented to the WRIA 1 Watershed Management Board for approval to implement. 393 Timeline: September 2018 — December 2020 394 Task 4: Identify funding needs for long-term integrated monitoring and data management. This task 395 needs to be done in conjunction with other Strategies requiring long-term funding. 396 Timeline: August 2018 — March 2019 397 Task 5: Update the WRIA 1 Long Term Monitoring Plan with outcomes of Tasks 1-4. The updated plan 398 will include implementation schedule and process for integrating outcomes into adaptive 399 management or WRIA 1 programs and plans. 400 Timeline: April 2019 401 Task 6: Cooperative Monitoring Agreements. Facilitate and enter into agreements with leads for 402 monitoring elements and protocols identified. 403 Timeline: August 2018— December 2019 404 Strategy 8: Whatcom Local Integrating Organization Coordination and Adaptive Management 405 Description: This strategy reflects the WRIA 1 Watershed Management Board function under the 406 December 2016 Interlocal Agreement to coordinate planning, implementation, monitoring and adaptive 407 management of ecosystem recovery actions, and to function as the Local Integrating Organization and a 408 partner in the Puget Sound Partnership in representing WRIA 1 goals and priorities. 409 Total Strategy 8 Budget through 2020: $ Pagg !� of 15 Draft Document —Version - 07/12/18 410 Work Products: Update Whatcom LIO Ecosystem Recovery Plan to reflect outcomes, priorities, and other 411 actions associated with implementing Strategies 1-7; grant deliverables associated with 412 coordinating Whatcom LIO 413 Task 1: Coordinate and support functions of the Whatcom Local Integrating Organization including tasks 414 and deliverables associated with the scope of work that is developed in association with the 415 annual coordination grant administered by the Puget Sound Partnership. 416 Timeline: 417 Task 2: Update and adaptively manage the Whatcom LIO Ecosystem Recovery Plan to reflect the local 418 priorities and actions identified through Strategies 1-7. 419 Timeline: 420 RE 16 Page 15 of 15 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2018-217 CLEARANCES Initi 1 D to Date Received in Council Office Agenda Date Assigned to: Originator a (I G� (Yj R', E (C E I IV E D 7/24/2018 Natural Reources I Division Head.• �� - ( _� � J U L 17 2018 !IWHATCOM COUNTY COUNCIL 7/24/18 Council Dept. Head: Prosecutor: h,1.?� Purchasing/Budget: Executive: �t s TITLE OFD ENTResolution regarding a 2018 update to the Whatcom County Agricultural Strategic Plan — Discussion and Declaration of Support ATTACHMENTS: Cover memo, proposed resolution, Whatcom County 2018 Agricultural Strategic Plan 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.) The Agricultural Advisory Committee and staff will present and discuss the Agricultural Strategic Plan. The proposed resolution declares support of the Strategic Plan, and affirms support for the County's Agricultural Program and Agricultural Advisory Committee. Additional information regarding the County's Agricultural Programs can be found at http://whatcomcounty.us/I 109/Aricultural-Pro ram. 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. 17 WHATCOM COUNTY Mark Personius, AICP Planning & Development Services Director 5280 Northwest Drive �. Bellingham, WA 98226-9097 360-778-5900, TTY 800-833-6384 360-778-5901 Fax Memorandum TO: Honorable Whatcom County Councilmembers Honorable Jack Louws, Whatcom County Executive THROUGH: Mark Personius, Director, PDS Akl? FROM: Chris Elder, Planner I` DATE: July 11, 2018 SUBJECT: Discussion and declaration of support for the updated Agricultural Strategic Plan On behalf of the Agricultural Advisory Committee, I am pleased to deliver this Agricultural Strategic Plan and invite your participation with the committee in discussing its tasks and implementation on July 24, 2018. The enclosed materials also include a draft resolution through which you may choose to join the committee and Executive in voicing your commitment to this Plan. This Plan is a result of Agricultural Advisory Committee members' work over the past year, with discussions held in their open public meetings between October 2017 and May 2018. Also incorporated into this Agricultural Strategic Plan is an Agricultural Status Report which documents the degree to which active agricultural use and other uses are seen throughout the Agriculture zone and the Rural Study Areas (as identified in the 2007 Rural Lands Study). This report is intended to continue documenting conditions and changes within the agricultural landscape of Whatcom County. Please contact Chris Elder at (360)778-5932 with any questions or concerns. Whatcom County Agricultural Strategic Plan 'il Recommended by the Agricultural Advisory Commitee l�.ti�---II ­., :mW;.: We v7r"►!�' [i�'Y�:�,y:::S.r_. ^: s �<...- .—.-7.y-�— •.",E Me of Contents Overview Whatcom County Council approved Resolution 2009-040 on July 7th, 2009 declaring the County Council's goals for Farmland Preservation, its priorities Letter from the Chair for consideration and adoption of policies to further farmland preservation, and requesting the County Administration to allocate staff support to accom- F i & Objectives modate this important policy initiative. The Agriculture Strategic Plan was originally created to support the goals of Agri(ultural Programs this resolution and help direct Whatcom County Planning and Development Services, as well as other County Departments, in achieving the goals and Outreach supporting agricultural efforts throughout Whatcom County. This update continues those efforts. ► This update of the Agricultural Strategic Plan coordinates and integrates the efforts underway through the: • Purchase of Development Rights Oversight Committee Y Agricultural Advisory Committee • Transfer of Development Rights/Purchase of Development Rights Workgroup • Planning Commission • County Council 19 Piao x 2018 Agricultural 5trnfegit Plan Whatcom Count Agricultural Advisory Committee May 29, 2018 Whatcom County Executive Whatcom County Council Whatcom County Courthouse, Suite 108 Whatcom County Courthouse, Suite 105 311 Grand Avenue 311 Grand Avenue Bellingham, Washington 98225 Bellingham, WA 98225 Executive Louws and Council Members, It has been seven years since the last update of the County Agricultural Strategic Plan, Actions have been taken and implemented on the plan adopted by the Council in June 2011. The primary work goal of the Agricultural Advisory Committee (AAC) this year was to complete a review of the 2011 strategic plan, identify updates, and submit our recommendations to the Council by the conclusion of our May meeting. We have met our goal by submittal of the accompanying report and recommendations therein. One of the objectives identified in the 2011 plan was/is, "To ensure a minimum of 100,000 acres of land area available for agricultural use to maintain the necessary land base to support an economically viable agricultural industry." The AAC recommends reaffirmation of this objective. We further recommend that this objective be made a standing goal or policy of the Council, While this objective is certainly important to the maintenance of an economically viable agriculture industry in Whatcom County, the associated county policy framework/infrastructure must be aligned to complement that goal. Toward that end, the AAC recommends asking three filtering questions when considering ordinance changes that bear upon the agricultural strategic plan: 1. "Will this policy proposal support or hinder the implementation of the ag strategic plan?" 2. "Will this policy proposal support or hinder the maintenance of an economically viable ag sector in the county?" 3. "Will this policy proposal advance a careful balance between an economically viable ag sector and environmental objectives in the county?" Chris Elder is an outstanding member of the county's professional staff. His support to the AAC has been exemplary, even knowing he has other assigned responsibilities within PDS. Staffing support for the AAC is critical to the importance of the County Agricultural Strategic Plan. The AAC advocates for additional staff support to assure timely attention to and completion of the elements of the agricultural strategic plan that have yet to be fulfilled (see Page 4 of the report). Such an investment on the part of the Council would underscore its commitment to sustaining an economically viable agriculture sector. We stand ready to respond to any questions the Council may have regarding the report and recommendations. As indicated by letter early this year, we also stand ready to work with the Council and truly be a working, advisory committee. Respectfully submitted: "Uyww Larry Davi , Chair Agricultural Advisory Committee Dave Buys, Vice Chair Agricultural Advisory Committee Signed on behalf of other Agricultural Advisory fomrrl,jttge members: Lesa Boxx, Barb Hento, Anna Martin, Jeff Rainey, Kristi Roberts, Jagjiwan Brar, Mike Hawley, Melodie Kirk, Matthew McDermott 20 Purpose: To describe the role Whatcom County Planning and Development Services will play in im- plementing an agricultural program consistent with County Council Resolution 2009-040 and Comprehensive Plan goals. The overall objectives of Whatcom County Council as enacted by Planning and Development Services' agricul- tural program are: 1. To ensure a minimum of 100,000 acres of land are available for agricultural use to maintain the neces- sary land base to support an economically viable agricultural industry; 2. To advocate for policies and programs which support local solutions and balanced approaches that protect agricultural and natural resource needs in an effort to ensure economic viability; 3. To support agricultural planning efforts and production techniques that ensure local agricultural produc- ers engage in strategic conversations about the connections between economic viability and local, state, and federal regulations, continuing to use the Agricultural Advisory Committee, the Purchase of Devel- opment Rights Oversight Committee, as well as other local agricultural groups; 4. To create and maintain strong, clear, concise, and effective land and water programs and regulations that benefit the agricultural industry and are in compliance with federal and state law; 5. To address policy and infrastructure shortcomings that impact local agricultural producers and business- es, such as farmworker housing; 6. To ensure sufficient physical and intellectual infrastructure, such as research and community education remain available to support the agricultural industry; 7. To support new and beginning farmers in acquiring farmland and support effective transition of farm- land to the next generation of farmers; and 8. To effectively measure progress toward these objectives and communicate this with the population of Whatcom County. 21 2t}3$ Agricultural Strategic Plan Page Strong and Clear Agricultural Programs and Regulations The overarching highest priority is the continuance and maintenance of the "Agriculture Program" within the county government. Continuing or additional staff support (a minimum of 1.0 FTE) is necessary in order to achieve momentum and continuity in pursuit of the agriculture program objectives. The amount and professional level of support available will determine both the timing and quantity of work achieved. Maintaining support for the AAC is a key part of an effective agricultural program, as well as the other subtasks below. Programs and priorities listed below were developed by the Agricultural Advisory Committee and reflect current ongoing programs and a prioritized list of efforts that the Agricultural Advisory Committee believes should be ad- dressed to ensure the future of agriculture in Whatcom County. Immediate Priorities: • Designating Agricultural Lands of Long-term Commercial Significance Review Agriculture Zoning Code to ensure uses support and do not interfere with overall agricultural use of property and neighboring properties Short-term Priorities (over the next 1 to 3 years): • Review Rural Study Areas for additional protective measures Development of flexible policy framework that allows variable development actions that provide for pro- tection of the best agricultural areas while supporting development at zoned densities Medium -term Priorities (2 - 5 years): • Natural Resource Marketplace Long-term Priorities (3 to 10 years): • Right to Farm Enforcement • Water system planning & agricultural planning coordination • Mitigation for the loss of agricultural land Improved coordination with partner agencies to support improved agricul- tural permit review Ongoing Programs: • Purchase of Development Rights (PDR) Program Current Use Assessment through Open Space Taxation Act Progo.s 2018 I Ongoing Programs: Agrirultural 5tratagic Plan Responding to the loss of County farmland, Whatcom County Execu- tive initiated the development of a Purchase of Development Rights Program in September of 2001. A PDR Advisory Committee comprised of farmers, citizens and conserva- PURCHASE OF DEVELOPMENT RIGHTS PROGRAM tion organizations was instructed to assist County staff in developing a proposal for County Council consideration. The PDR Program offers a vol- untary tool for the preservation of productive agricultural land in the County that will: • Provide farmers with the market based economic value for agricultural land without selling the land. • Support and promote ongoing agricultural activity by offering an attractive option for farmers and land- owners. All applicants for the PDR Program must be within an Agriculture or Rural zoning designation. Valid applica- tions are reviewed to determine if the acquisition of development rights will promote the PDR program's goals and priorities. Selection criteria have been developed to guide, but not control, the review and assessment of eligible properties. Applications are scored based on factors such as soil type and classification, size of parcel (s), number of development rights offered, proximity to other conserved lands, percent farmed, water rights availability, as well as conservation and historical significance. PON R010" t w '• r 4r Fl A r — — wrUiC4r1,C01nRt _ �`LRY Rural Study Areas Agriculture Zone Whatcom County ® PDR Target Areas - Purchase of Development Rights 2017 = r uronased F 23 Ongoing Programs: Current Use Tax Assessment under Open Space Taxation Act as defined in Chapter 84.34 RCW • Open Space Farm and Agricultural Land • Open Space Land Farm and Agriculture Conservation The Open Space Taxation Act, enacted in 1970, allows property owners to have their open space, farm and agricultural, and timber lands valued at their current use rather than at their highest and best use. The Act states that it is in the best interest of the state to maintain, preserve, conserve, and otherwise continue in exist- ence adequate open space lands for the production of food, fiber, and forest crops and to assure the use and enjoyment of natural resources and scenic beauty for the economic and social well-being of the state and it citizens. Open Space Farm & Agricultural Land (OSAG) Farm and Agricultural land is defined as either: Any parcel of land that is 20 or more acres or multi- ple parcels of land that are contiguous and total 20 or more acres and are: a. Devoted primarily to the production of livestock or agriculture commodities for commercial pur- poses b. Enrolled in the federal conservation reserve pro- gram or its successor administered by the United States department of agriculture c. Other similar commercial activities as may be established by chapter 458-30 WAC. 2. Any parcel of land that is five acres or more but less than twenty acres, is devoted primarily to agricultural uses, which has produced a gross income from agricultural uses equivalent to: a. Prior to January 1, 1993, $100 or more per acre per year for three of the five calendar years pre- ceding the date of application for classification. b. On or after January 1, 1993, $200 or more per acre per year for three of the five calendar years preceding the date of application for classification. 3. Any parcel of land that is five acres or more but less than 20 acres, is devoted primarily to agricultural us- es, and has standing crops with an expectation of harvest within: a. Seven years and a demonstrable investment in the production of those crops equivalent to $100 or more per acre in the current or previous calendar year. b. Fifteen years for short rotation hardwoods and a demonstrable investment in the production of those crops equivalent to $100 or more per acre in the current or previous calendar year. 4. For parcels of land five acres or more but less that 20 acres, "gross income from agricultural uses" includes, but is not limited to, the wholesale value of agricultural products donated to nonprofit food banks or feed- ing programs. 5. Any parcel of land less than five acres devoted primarily to agricultural uses and has produced a gross income of: a. Incidental uses compatible with agricultural purposes, including wetland preservation, provided such use does not exceed 20 percent of the classified land. b. Land on which appurtenances necessary for production, preparation, or sale of agricultural products ,exist in conjunction with the lands producing such products �1 c. Any non-contiguous parcel one to five acres, that is an integral part of the farming operation. d. Land on which housing for employees or the principal place of residence of the farm operator or owner is sited provided the use of the housing or residence is integral to the use of the classified land for agri- cultural purposes, the housing or residence is on or contiguous to the classified land, and the classified land is 20 or more acres. e. Land that is used primarily for equestrian -related activities for which a charge is made, including, but not limited to, stabling, training, riding, clinics, schooling, shows, or grazing for feed. Depending on the num- ber of classified acres, the land may be subject to gross income requirements. f. Land that is primarily used for commercial horticultural purposes, including growing seedlings, trees, shrubs, vines, fruits, vegetables, flowers, herbs, and other plants in containers, whether under a structure or not. For additional criteria regarding this use, please refer to RCW 84.34.020(2)(h). Open Space Land Farm and Agriculture Conservation (OSFACL) Farm and Agriculture Conservation Land is defined as any land meeting the definition of "farm and agricultur- al conservation land," which means either: a. Land previously classified under the farm and agricultural classification that no longer meets the criteria and is reclassified under open space land; or b. "Traditional farmland," not classified, that has not been irrevocably devoted to a use inconsistent with agricultural use, and that has a high potential for returning to commercial agriculture. LJ 2018 Agricultural Strategic Plan Farr s 11mmediate Priorities:] F esignating Agricultural Lands of Long-term Commercial Significance As part of the 2016 Comprehensive Plan Update process, additional language was added to Policy 8A-3. Policy 8A-3 states that the criteria for designating or de -designating lands under the Agriculture land use des- ignation shall be considered on an area -wide basis. When applying the following criteria, the process should result in designating an amount of agricultural resource lands sufficient to maintain and enhance the economic viability of the agricultural industry in the county over the long term, and to retain agricul- tural support businesses, such as processors, farm suppliers, and equipment maintenance and repair facili- ties. One of the criteria was updated to better reflect language from the Washington State Growth Management Act and the updated language is contained below. 3. The land has long term commercial significance for agriculture. In determining this factor, consider the follow- ing nonexclusive criteria: a. The majority of the area contains Prime Farmland Soils as determined by the Natural Resource Con- servation Service (NRCS). b. The area may contain 100-year floodplains as delineated by the Federal Emergency Management Agency (FEMA). c. Land use settlement patterns, the intensity of nearby uses, and the history of approved land devel- opment permits are generally compatible with agricultural practices. d. A majority of the area is composed of agricultural operations that were historically in agriculture prior to 1985. e. The predominate parcel size in the area is large enough to adequately maintain agricultural opera- tions. f. The availability of public services. g. The availability of public facilities such as roads used to transport agricultural products. h. Special purpose districts that are oriented to enhancing agricultural operations such as drainage improvement, watershed improvement, and flood control exist. i. The area has a pattern of landowner capital investment in agricultural operations improvements in- cluding irrigation, drainage, manure storage, the presence of barns and support buildings, en- hanced livestock feeding techniques, agricultural worker housing, etc. j. The area contains a predominance of parcels that have current use tax assessment derived from the Open Space Taxation Act. k. The area's proximity to urban growth areas. I. The area's proximity to agricultural markets. m. Land value under alternative uses. The Agricultural Advisory Committee will review lands in Whatcom County to determine if the designation of agricultural lands of long-term commercial significance is accurate based on these updated criteria. 26 epge.v 201 B Agricultural Strategic Plan Immediate Priorities: Review Agriculture Zoning Code to ensure uses support and do not interfere with overall agricultural use of property and neighboring properties. There are many uses currently allowed within the Agriculture District through permitted, accessory, administra- tive approval, and conditional use permits. The AAC would like to review these uses to determine whether uses support and do not interfere with agricultural activities in this zone. The Agriculture District zoning code can be found in Chapter 20.40 of the Whatcom County Code. Short-term Priorities (over the next 1 to 3 years): Review Rural Study Areas for additional protective measures Work with the AAC and greater community to identify if any new or changed zoning designations are needed, building on the direction outlined in Resolution 2009-040. Once identified clearly and in accordance with RCW 36.70A.170, implement — write draft ordinance to change development regulation language, zoning maps, and/or Comprehensive Plan language. Flexible Policy Framework The AAC believes there needs to be a flexible policy framework that allows variable development actions that provide for the protection of the best agricultural areas while supporting development at zoned densities. The AAC supports continued examination of a parcel reconfiguration tool as one development action option. 27 201_S Agricultural 5trotegic Plnn [Medium -term Priorities (2= 5 years) Natural Resource Marketplace Work with the AAC and other relevant groups on water issues, density credit program development, and oth- er planning -related incentive programs that have the potential to use the marketplace to compensate farmers for the services they provide. This effort was initiated primarily due to farmers' comments that they would be willing to trade off their ability to develop their land in exchange for obtaining the legal right to water. Long-term Priorities (3 to 10 years): Right to Farm Enforcements The AAC recommendation is to review the Right to Farm ordinance to make it more effective at the farm level. Work items under this task include looking at strengthening farmers' recourse against those who bring failed lawsuits against them, coordination with law enforcement with regard to complaints from nearby non -farming neighbors and to require title companies and real estate professionals to effectively communicate this ordi- nance with land purchasers. Water system planning & agricultural planning coordination The County should pursue a comprehensive water supply plan that includes out -of -stream uses including irriga- tion and other agricultural water needs. Agriculture program staff need to coordinate to ensure the water needs of the agricultural community are incorporated into future water planning efforts. Mitigation for the loss of Agricultural land The AAC has expressed the desire to explore agricultural mitigation options and potential regulations. Cur- rently there is the perception that critical area concerns override agricultural concerns. Agricultural lands are lost due to conversions of the land to development, critical areas banking, and other types of conversions. The agricultural mitigation task would entail the development of policy recommendations to govern all conversions away from agricultural land. Improved Coordination with partner agencies to support agricultural permit review Project implementation for agricultural projects can be challenging for producers when multiple agency review is required. The AAC recommends continued coordination with the multiple partner agencies to improve agri- cultural permit review processes. W Page t . 2018 Agricultural Strategic Plan Public Outreach, Input and Education Public committees are an invaluable resource for county staff and policy makers. The agricultural community sees potential changes to county agricultural policies and regulations continuing to go through the Agricultural Advisory Committee for recommendations, and Purchase of Development Rights policy and transaction recom- mendations continuing to go through the PDR Oversight Committee. State Growth Management law requires early and continuous public involvement, and these committees are an important way to engage the farming community (and others interested) on a regular basis in planning -related agricultural issues. When it comes time to engage a broader audience in programs or regulatory discussions, farmers recommend outreach and publication in their news outlets, and when possible, in -person discussions at meetings already attended by those in the farming community. Outreach should provide opportunities for farmers to talk with other farmers about their experiences related to county programs. Maintaining these committees also provides the broader public outside the agricultural community to engage in discussions related to agricultural programs, policies, and regulations. They are welcomed and accommodated through open public meetings of both advisory committees, as well as the formal public processes that occur as changes make their way through the Planning Commission and County Council. Tasks ■ Maintain regular meetings of Agricultural Advisory Committee • Maintain regular meetings of PDR Oversight Committee ■ Publish and distribute the Natural Resource Newsletter at least twice per year ■ Support outreach discussions with agricultural groups and the community at large Whatcom County Comprehensive Plan In August of 2016, Whatcom County Council adopted the updated Comprehensive Plan. In Chapter 8, Re- source Lands, goals related to Agriculture include: Goal 8A: Conserve and enhance Whatcom County's agricultural land base for the continued production of food and fiber. Goal 8B: Maintain and enhance Whatcom County's agricultural product industry as a long-term and sustaina- ble industry. Goal 8C: Preserve and enhance the cultural heritage that is related to agriculture. Goal 811): Reduce land use conflicts between Whatcom County's agriculture and non-agricultural landowners. Goal 8E: Work with agricultural land users to find efficient and effective cooperative ways to protect and im- prove habitat of threatened and endangered species through education and incentive programs. Goal 8F: Strive to ensure adequate water supplies to support a thriving agricultural sector. Each Comprehensive Plan goal provides direction to County staff and residents as to the priorities of Whatcom County. Policies listed under each goal provide additional guidance as to how to meet each goal. Look at Ap- pendix B for the complete Agricultural Resource Land excerpt from the 2016 Whatcom County Comprehensive Plan. 29 2018 Agricultural Strategic Plan Pago 12 Land Available for Agricultural Use Whatcom County has identified the minimum of agricultural land necessary to be available for agricultural use as 100,000 acres, in order to keep the agricultural industry — and those businesses that support it — economi- cally viable. According to the 2012 AgCensus, there are: (See Page 20-27 for additional 2012 AgCensus information) • 1,702 farms in Whatcom County • growing crops on 115,831 acres • contributing to an overall farmgate value of $357 million dollars. These statistics place Whatcom County as one of the top 10 agricultural economies in Washington State and one of the top 3 agricultural economies in the Puget Sound region. In order to address the 100,000 acre goal, an understanding of terms relating to agriculture must be de- scribed. • What is agriculture? Agriculture is defined as the science or practice of farming, including growing crops and raising ani- mals for the production of food, fiber, fuel and other products. Agriculture in Whatcom County consists of a diversity of crop types including dairy, raspberry, blueberry, seed potatoes, mixed vegetables, beef, tree fruits, and several other crop types. • What does it mean for land to be "available for agricultural use"? Land is generally characterized as being available for agricultural use if the land could be farmed. This indicates that streams, forests, wetlands, and non -farm related homes and businesses would be unavaila- ble for agricultural use. According to the U5 Department of Agriculture: A Farmer/Rancher is an owner and/or operator who has a vested interest in the operation of the farm or ranch. A beginning farmer is defined as one who: • Has not operated a farm or ranch for more than 10 years • Does not own a farm or ranch greater that 30 percent of the average size farm in the county as deter- mined by the most current Census for Agriculture 30 2018 Agriculturul Strategic PIciniftm Prsgo Prime Soils in Whatcom County J A, POW ROdla!!6i 3" . � •� � �. rr" � ; - ---- — All Areas Prime � r 1d alp .f.rr� .� � �,�� �, �� � dr. �,`, , � �`l•�. - Pnme�rora�red Primed Irrigated s`` Aa !1 m d *—d.4 M c ❑ntvcSraf from floadmg a wt rft1 vy flooded ' - during the growing season Prime it irrigated and either[,OWtf •, . From flooding or rot frequerOy Fact O during the growirg season Prime it subs led• completely re —rig �'�••• the roar inh.1ohirg soil layer Farmland at Statewide Signinceme WrrnrSO. l.'Ori iffy -1' Prime farmland is one of several kinds of important farmland defined by the U.S. Department of Agriculture. It is of major importance in meeting the Nation's short- and long-range needs for food and fiber. Because the supply of high -quality farmland is limited, the U.S. Department of Agriculture recognizes that responsible levels of government, as well as individuals, should encourage and facilitate the wise use of our Nation's prime farm- land (Soil Survey of Whatcom County Area, Washington, USDA, Soil Conservation Service, 1992). Natural Resource Conservation Service (NRCS) policy and procedures on prime and unique farmlands are pub- lished in the "Federal Register," Vol. 43, No.21, January 31, 1978, p.4030 through p. 4033. This document states that prime farmland is land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops, and is also available for these uses. It has the soil quality, growing season, and moisture supply needed to economically produce sustained high yields of crops when treated and managed, including water management, according to acceptable farming methods. In gen- eral, prime farmlands have an adequate and dependable water supply from precipitation or irrigation, a fa- vorable temperature and growing season, acceptable acidity or alkalinity, acceptable salt and sodium con- tent, and few or no rocks. They are permeable to water and air. Prime farmlands are not excessively erodi- ble or saturated with water for a long period of time, and they either do not flood frequently or are protected from flooding. 31 Agricultural Strategi[ Plan A riculture Zone The Agriculture Zone consists of 87,353 acres as of May, 2018. This is down from 87,525 acres in 201 1, when the Agriculture Strategic Plan was originally adopted. This loss in acreage is due to expansion of small cities located adjacent to the Agriculture Zone. The purpose and allowed uses within the Agriculture Zone are described in Whatcom County Code Chapter 20.40. The primary purposes of this district are to implement the agricultural designation of the Comprehensive Plan, established pursuant to RCW 36.70A.170, preserve, en- hance and support the production of food and fiber in Whatcom County, to maintain a sufficiently large agri- cultural land base to ensure a viable agriculture industry and to maintain the economic feasibility of supporting services. Policy 8A-3: The criteria for desig- nating or de -designating lands under the Agriculture land use designation shall be considered on an area -wide basis. When applying the following criteria, the process should result in designating an amount of agricultural resource lands sufficient to maintain and enhance the economic viability of the agricultural industry in the county over the long term, and to retain agri- cultural support businesses, such as processors, farm suppliers, and equip- ment maintenance and repair facili- ties. The criteria are as follows: IN 1. The land is not already characterized by urban growth. In determining this factor, the County should consid- er WAC 365-196-310 and RCW 36.70A.030(19). 2. The land is used or capable of being used for agricultural production. In making this determination, the County shall use the land -capability classification system of the U.S. Department of Agriculture Natural Re- sources Conservation Service. These eight classes are incorporated into map units and are based on the growing capacity, productivity, and soil composition of the land. 3. The land has long term commercial significance for agriculture. In determining this factor, consider the fol- lowing nonexclusive criteria: a. The majority of the area contains Prime Farmland Soils as determined by the Natural Resource Conser- vation Service (NRCS). b. The area may contain 100-year floodplains as delineated by the Federal Emergency Management Agency (FEMA). c. Land use settlement patterns, the intensity of nearby uses, and the history of approved land develop- ment permits are generally compatible with agricultural practices. d. A majority of the area is composed of agricultural operations that were historically in agriculture prior 32 Agricultural Stadegic to 1985. e. The predominate parcel size in the area is large enough to adequately maintain agricultural opera- tions. f. The availability of public services. g. The availability of public facilities such as roads used to transport agricultural products. h. Special purpose districts that are oriented to enhancing agricultural operations such as drainage im- provement, watershed improvement, and flood control exist. i. The area has a pattern of landowner capital investment in agricultural operations improvements includ- ing irrigation, drainage, manure storage, the presence of barns and support buildings, enhanced live- stock feeding techniques, agricultural worker housing, etc. j. The area contains a predominance of parcels that have current use tax assessment derived from the Open Space Taxation Act. [Agriculture Protection Overlay. _ _ - . �__- "y ; The purpose of the Agriculture Protection �;s - 91 -� Overlay (APO), fully defined in Whatcom �- -aw' County Code Chapter 20.38, is to maintain{; _�' ~ Ir and enhance commercial agricultural activity and further protect open space resources s;- �,- within Whatcom County; further the county ' efforts in meeting long-term agricultural w ' `i""" ,r '`�'�• s needs; provide a reasonable mix of uses and activities which may enhance the eco- nomic resources available to the farm; and - e provide for a variety of uses within the rural = areas which are not inconsistent with or in- compatible with the use of lands within the area for agricultural activities. The Agriculture Protection Overlay applies to parcels: • Located within any Rural 5 or 10 zone larger than 20 acres • containing more than 50% APO soils Parcels meeting the above criteria wishing to subdi- vide are required to cluster densities and maintain a large agricultural reserve tract, consisting of at least 75% of the original parent parcel. The intent of this code was to maintain a large agricultural area while allowing for development at the density allowed by the zoning code. 33 Agricultural Strategic Plan Rural Study Areas The Whatcom County Rural Land Study: A Collaborative Report Identifying Rural Areas of Agricultural Signifi- cance was completed in 2007. The primary objective of the rural land study was to identify and map areas within the Rural 5 and 10 Zones that are of agricultural significance and may require additional protection to ensure long-term agricultural viability. Project data was collected that included air photos, APO Soils, Critical Areas, Assessor data, Purchase of Development Rights Target Areas, and NOAA Coastal Change Analysis Pro- gram (2004) data based on Landsat Images (2000). The Agricultural Advisory Committee, in conjunction with PDS staff, identified 9 rural areas comprising over 21,000 acres that have high agricultural value. In 2012, the rural study areas were re-evaluated and a total 10 rural areas were identified representing 25,407 acres. The criteria for establishing these areas includes a consideration of • Proximity to active agricultural areas • Current land use characterized by Agriculture • High percentage of APO soils • Parcelization of the area • Land use as identified on Assessors records • Evaluation of forested areas for potential agricultural use Rural Study Areas i _ Agriculture Zone _ USA _ 6Mf r.yllCAln+LN - _ Je 7', �+Eti •� 4 r,�i ' ,,,t � rey�cauyrr ia-Giuroor.4r�r^ —. _ 34 i -2Ok4., Agrkultutul 51rntegic Plan Pogo P Measurements toward Progress By tracking basic information related to agriculture and reporting results on a regular basis, Whatcom County can provide a valuable service to the agricultural community. There is no known source of compiled multi - agency data on agricultural issues in Whatcom County, yet data is a critical component to measuring progress. The county could compile data from other sources and make it available in a user friendly way to the broader community. Periodically, the county could add new data gleaned from staff GIS analysis. The information would relate back to the Agriculture program objectives in order to know whether programs and policies are achieving the intended results. Some of the indicators useful for providing an agricultural status report include: 1. Mapping of land currently in agricultural use — Methods used would be consistent with land characteriza- tion effort underway by Planning and Development Services described in Appendix F; reported as new aerial photos become available 2. Permits - Agricultural building permits and new single family residential permits in Agriculture Zone and Rural Study Areas, available on an annual basis 3. New irrigation water rights issued, available through the Department of Ecology 4. Exempt wells installed for domestic and agricultural use 5. Market value of agricultural products sold — US Agricultural Census 6. Number of Agricultural Advisory Committee meetings held, Purchase of Development Rights Oversight Committee meetings held, and other opportunities for public participation related to the agricultural pro- gram 7. Area of farms enrolled with WA Dept. of Agriculture, Farm Service Agency or Whatcom Conservation Dis- trict in a farm planning program 8. Incentive program participation including Open Space Farm and Agriculture current use taxation, Purchase of Development Rights program, and others 9. Acreage and changes in acreage of various cropping types Tasks associated with performing this assessment in- clude: • Mapping agricultural lands based on Whatcom County aerial photos • Compiling data and publishing an agricultural status report The Agricultural Status Report for the years 2000 through 2017 has been completed and included as part of this 2018 Agriculture Strategic Plan (Pages 19 - 25). pagc'.;18 2018 Agrkultural Strategic Pion 2018 Agricultural Status Report (pages 18 - 26) The following pages contain the 2018 Agriculture Status Report using indicators and measurements identified during the Agriculture Strategic Plan development process. Throughout this report, AG Zone refers to the Agriculture Zone and RSA refers to Rural Study Areas. 1. Mapping of land currently in agricultural use — Methods of land characterization effort by Planning and Development Services described below; new aerial photos are higher resolution and increase ac- curacy as compared to previous years. Data used for the land characterization effort include: • Pictometry aerial photos, oblique and 4-6 inch ortho- corrected images • NAIP aerial imagery, 1 meter —very little detail • Whatcom County Assessor Parcel Layer, land use codes, building values • Whatcom County Critical Areas data —stream corridors and wetlands • Whatcom County Zoning • 2000 Land Cover Designations, LandSat (Item type and description contained in Appendix C) Land Cover (acres) (acres) AG Zone 2012 2017 Active 82,426 82,852 Fallow 4,809 4,639 Infrastructure 3,835 3,907 Farmstead Home 2,939 2,979 RSA 2012 2017 Active 13,641 13,559 Fallow 522 489 Infrastructure 712 718 _ Farmstead Home 816 836 u WHATCOM COUNTY Far -,and Faro. •. 2016 - Land Cover �I Fa ms « , S.r�� Fa n,.Y R..n .a ra ° P—t Classiflcations" `'' '`a" P.,, Farrtil8 JI�h35lr,IC';vlp 1Yd'.N'SlrearlL°NBY'kUS-ra In Agricultural and Rural Areas 36 2018 Agricultural Strategic Plan PggV 19 2. Permits - Agricultural building permits and new single family residential permits in the Agriculture zone and Rural Study Areas, available on an annual basis. Whatcom County Code Title 20 Zoning is intended to further the goals and policies of the Whatcom County Comprehensive Plan by providing the authority for and procedures to be followed in regulating the physical development of Whatcom County, through coordinating the execution of both public and private projects with respect to all subject matters utilized for developing and servicing land. The table presented depicts the number SFR (single family res- idences), Mobile (mobile homes), and Short Plat (land divisions of up to 5 new lots). For the purposes of this Ag Strategic Plan, permits approved have been grouped by the time peri- od before the original Ag Strategic Plan (2000-2009) and between the original and this updated Ag Strategic Plan (2010-2017). For future Agricultural Status Reports, every year will be tracked independently. It should also be taken into account that the Ag Zone represents approximately 87,353 acres and the Rural Study Areas represent 25,407 acres, therefore the number of permits issued have different relative impacts on the overall agricultural neighborhood. Permits Issued I. (# of permits) (# of permits) AG Zone 2000 - 2009 2010 - 2017 SFR 132 42 Mobile 49 14 AG Short Plat 1 16 RSA 2000 - 2009 2010 - 2017 SFR 249 127 Mobile 90 26 Short Plat 36 7 WISH OOUJ� 6f v.w � .,•••..V vic.vwxiirre :` 1• �- us+ »,. f �� . r�E".r.,. •- i of JO T j7;, I • i �"� �j N7akY.f�'� ����: �Iawl�s�r. � y •.y ...l� V J/"� I'�i ya •�'� .r.f ..'My _'� /` •. i F. - 1 •-. .r;q4V c !-. Y' y • i�."^lai J [ i. `' cam». r iv �� S � »� , r � •.:fit 1 :1{ "� � ' �, r r � .7 . � � .'yl Point Rab.m • •,._...•• �,,.—. y t s, l.,,eorr� -..:! . ,� w� Lk Al- t I'd ,...r•n .y t' � �'k �� 1 ' � _ SFR Permits 2000-2017 1♦ M bile Permits 2000-2017 - Short Plats, 2000-2-017 Rural Sludy Areas Agriculture Zone wNaic011 tauxn SKAGTtOUNTY 37 Paga2fl 2018 A96(ultural Strategic Plan 2018 Agricultural Status Report 3. New irrigation water rights issued, available through the Department of Ecology. It is the understanding of staff that no new permanent irrigation water rights have been issued by the Wash- ington State Department of Ecology since before the last Agricultural Strategic Plan was completed. 4. Exempt wells installed for domestic and agricultural use A comprehensive assessment of exempt wells installed for domestic and agricultural use has not yet been com- pleted. Once a more comprehensive assessment has been completed this information will be included in future Agriculture Status Reports. 5. Agricultural Census Data of Whatcom County {2012 & 2007, USDA} (including Skagit, Snohomish, King Counties for context) Whatcom County leads in both increases in the total number of farms and acres farmed among these Puget Sound Counties. Item Year Whatcom Skagit Snohomish King INumber of Farms 2012 1,702 4 1,074 1,438 1,837 Number of Farms f 2007 1,483 1,215 1,670 1,790 %change in Number of Farms 2012 to 2007 + 15 % - 12 % - 14% + 3 Land in Farms 2012 115,831 106,538 70,863 acres 46,717 acres Land in Farms 2007 102,584 108,541 76,837 acres 49,285 acres change in Land in Farms 2012 to 2007 + 13 % - 2 % - 8 % - 5 % .Average Size of Farms 2012 68 acres 99 acres 49 acres 25 acres Average Size of Farms 2007 69 acres 89 acres 46 acres 28 acres change in Average Farm Size 2012 to 2007 - 1 % + 11 % + 7 % - 11 % ;Market Value of Products Sold 2012 $357,312,000 $272,275,000 $139,486,000 $120,749,000 Market Value of Products Sold 2007 $326,450,000 $256,248,000 $125,619,000 $127,269,000 Ya change in Market Value 2012 to 2007 + 9 % + 6 % + 11 % - 5 % Crop Sales Livestock Sales 2012 $119,816,000 $201,007,000 $63,216,000 $44,012,000 2012 $237,496,000 $71,268,000 $76,270,000 $76,737,000 Average Sales per farm Average Sales per farm 2012 $209,937 $253,515 $97,000 $65,732 2007 $220,128 $210,904 $75,221 $71,100 .Average age of principal operator 2012 57.4 58.4 58.5 57.1 Principal operators by primary occupation (2012) Farming 773 515 511 814 Other 929 559 927 1023 Mtw Agricultural Strategic Plan Pop 21 Farms by size: 2012 Number of Farms 1 to 9 acres 578 10 to 49 acres 693 50 to 179 acres 287 180 to 499 acres 101 500 to 999 acres 33 1,000 acres or more 10 Commodity # Farms Market Value [20121 Percent Dairy products 114 $ 193,042,000 54% Fruits, Nuts & Berries 252 $ 79,978,000 22% Cattle, calves 520 $ 26,535,000 7% Nursery 40 $ 18,697,000 5% 4% 3% 1% 2% Poultry, eggs 201 $ 14,641,000 Vegetables 101 $ 11,693,000 Grain 71 $ 4,687,000 $ 8,039,000 All other * 403 'Total 1,702 $ 357,312,000 100% im Agriculture by Commodity = Dairy products Fruits, Nuts & Berries Cattle, calves Nursery ■ Poultry, eggs Vegetables Grain All other 39 Agricultural Strategic Plan Papa 22 6. Number of Agricultural Advisory Committee meetings held, Purchase of Development Rights Oversight Committee meetings held, and other opportunities for public participation related to the agricultural pro- gram • The Agricultural Advisory Committee has a scheduled 7 meetings annually ■ The Purchase of Development Rights Oversight Committee has a scheduled 11 meetings annually ■ The Transfer of Development Rights/Purchase of Development Rights Workgroup met 14 times between March 2017 and June 2018 7. Area/Number of farms enrolled with Washington Department of Agriculture(WSDA), Whatcom Conser- vation District or Whatcom County in a farm planning program (As of May 2018) ■ WSDA reports 98 licensed dairies have certified farm plans on 32,800 acres • WCD reports that 89 farm plans were completed in 2017 • Whatcom County reports 149 farms have participated in the Conservation Program on Agricultural Lands 8. Incentive program participation: A. Current use taxation 2017 Current Use Assessment Enrollment Open Space Farm and Agricultural 106,258 Land Open Space Farm and Agriculture 244 Conservation Land B. Incentive program participation: Purchase of Development Rights program, and others. The PDR Program has completed 19 agricultural conservation easements representing the protection of 919 acres extinguishing 130 development rights. The PDR Program is currently working with an additional 18 PDR applicants representing an additional 943 acres. Whatcom County Council has approved staff to move for- ward towards completion of 7 of these applications. 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J Other Hay/Non Alfalfa _ Potatoes - Raspberries •' �I Shrubland • ----- - Strawberries 1- Wetlands Washington Cropland Data Layer, also known as CropScape, has been developed by the United States De- partment of Agriculture (USDA), National Agricultural Statistics Service (NASS), Research and Development Di- vision (RDD), Geospatial Information Branch (GIB), Spatial Analysis Research Section (SARS). Additional infor- mation can be found at www.nass.usda.gov. The purpose of the Cropland Data Layer Program is to use satel- lite imagery to (1) provide planted acreage estimates to the Agricultural Statistics Board for the state's major commodities and (2) produce digital, crop -specific, categorized geo-referenced output products. *When reviewing the table on the next page, please note that the acreages are estimates based on satellite imagery as described above and is not intended to be used as exact figures. 42 2008 AG Zone 2014 AG Zone 2017 AG Zone 2008 RSA 2014 RSA 2017 RSA Alfalfa 16 65 8 2 1 Apples 44 32 3 2 Barley 266 36 12 1 1 Barren 466 499 838 8 46 112 Blueberries ** 9,433 11156 Blueberries/Raspberries* 11,949 15,638 1,633 1,921 Clover/Wildflower 50 1 Corn 11,467 16,418 13,906 580 852 602 Cranberries 159 6 25 1 Developed - Open Space Developed - Low Intensity 1,813 1,536 1,594 1,731 1,702 1,713 2,909 3,056 3,070 1,526 1,569 1,597 (Developed - Med. Intensity 473 500 578 148 160 177 Developed - High Intensity 228 229 260 68 68 75 Fallow/Idle 3 2,208 102 54 9 Forest, Deciduous 2,797 3,969 3,599 1,966 3,053 2,898 Forest, Evergreen 1,792 1,194 1,320 1,309 891 856 Mixed Forest 2,930 2,222 2,463 1,651 1,597 1,702 Grasses/Pasture+ 28,714 21,747 5,663 11,049 11,475 6,481 Hay - non alfalfa+ 11,126 10,574 I 22,046 718 473 3,111 Herbaceous Wetlands 3,086 963 3,043 420 193 821 Other Crops 34 48 120 10 3 Other Tree Crops 181 81 4 20 Peas 50 3 2 Potatoes 878 1,314 659 23 22 36 Raspberries** 11,519 1,624 Shrubland 1,549 1,151 1,941 582 664 797 Sod/Grass 7 97 111 6 Sorghum 66 29 1 14 ;Strawberries 2 302 15 9 60 2 'Water 755 1,027 961 18 20 23 'Winterwheat 107 20 23 1 1 'Woody Wetlands 3,645 1 2,148 46 1 3,754 105 1 2,437 L 1,057 6 2,048 20 ;Xmas Trees + Grasses/Pasture and Other Hay - non alfalfa categorized differently in 2017 * 2008/2014 - blueberries and raspberries combined ** 2017 - blueberries and raspberries counted separately Whatcom County Agricultural Strategic Plan SPONSORED BY: Planning PROPOSED BY: Planning INTRODUCTION DATE: RESOLUTION # DECLARING THE COUNTY COUNCIL'S SUPPORT FOR THE 2018 WHATCOM COUNTY AGRICULTURAL STRATEGIC PLAN WHEREAS, the Agricultural Advisory Committee was established under Whatcom County Ordinance 2001-036 and is governed by Whatcom County Code Chapter 2.34; and WHEREAS, the Agricultural Advisory Committee is to provide review and recommendations to the Whatcom County Council on issues that affect agriculture, including assistance with establishment, promotion, and implementation of a comprehensive agricultural protection program; and WHEREAS, the county has identified 100,000 acres as being the minimum acreage needed in farming to support a viable agriculture industry in Whatcom County (RES 2009-040); and WHEREAS, the county has identified areas outside the roughly 87,500-acre Agriculture zone where agricultural land protection efforts should be strengthened (RES 2009-040); and WHEREAS, the Agricultural Advisory Committee and staff were requested by the county to recommend options that strengthen farm land preservation policies in these areas (RES 2009-040); and WHEREAS, the county has requested the Agricultural Advisory Committee's 2009 list of tools and strategies be further developed with recommendations made that enable implementation of these tools (RES 2009-040); and WHEREAS, the Agricultural Advisory Committee conducted open public meetings in 2010-2011 to develop an Agricultural Strategic Plan that creates a road map, including specific tasks and priorities for implementing agricultural protection measures; and WHEREAS, the Agricultural Advisory Committee unanimously voted to endorse the 2018 Agricultural Strategic Plan on May 9, 2018; and 45 WHEREAS, members of the Agricultural Advisory Committee and staff discussed the Strategic Plan with the County Council at the July 24, 2018 Natural Resources Committee meeting; NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council hereby endorses this Whatcom County Agricultural Strategic Plan, and commits to the time and resources necessary for its implementation; and BE IT FURTHER RESOLVED that the County Council affirms the important role of the Agricultural Advisory Committee and Agriculture Program staff in developing recommendations for appropriate code changes and comprehensive plan amendments as identified in the Whatcom County Agricultural Strategic Plan. APPROVED this ATTEST: day of Dana Brown -Davis, Council Clerk APPROVED as to form: Civil e ty Prosecutor 2018 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Rud Browne, Chairman WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2018-208 CLEARANCES Initial Date Date Received in Council Office Agenda Date A ssi,-ned to: 41Z 7110118 Intro Originator: 2L Division Head: u�' 7124118 Finance Committee, J1,1L 2 2018 COUNI Council Dept. Head: Prosecutor: 7 0 U N G � L Purchasing/Budget: 2 Executive: 7 TITLE OF DOCUMENT- 1 &dinance Establishing the Swift Creek Sediment Management Fund and Establishing a Budget for the Swift Creek Sediment Management Fund A TTA CHMENTS. Ordinance, Exhibit A, and Memorandum SEPA review required? ) Yes ( X ) NO Should Clerk schedule a hearing ? Yes X) NO SEPA review completed? ) Yes ( X ) NO Requested Date: SUMMARY S TA TEMENT OR LEGAL NOTICE LA NG UA GE., (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 RCWor WCCas appropriate. Be clear in explaining the intent of the action.) Request establishes the Swift Creek Sediment Management Fund and requests an initial budget for the Fund of $1,000,000. COMMITTEE A CTION.- COUNCIL ACTION. 7/10/2018: Introduced 6-0, Ballew absent Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 47 PROPOSED BY: Executive INTRODUCTION DATE: 7/10/18 ORDINANCE NO. ESTABLISHING THE SWIFT CREEK SEDIMENT MANAGEMENT FUND AND ESTABLISHING A BUDGET FOR THE SWIFT CREEK SEDIMENT MANAGEMENT FUND WHEREAS, sediment management will be an ongoing project for many years, and WHEREAS, Washington State, through the Department of Ecology has approved funding of a $1,000,000 grant for the Swift Creek Sediment Management Action Plan, and WHEREAS, an additional $3,000,000 has been approved for future use from the Department of Ecology State Building Construction Account, and WHEREAS, the County needs to design, provide environmental review, and permit facilities and construction of sediment traps and a debris flow levee to address sediment issues, and WHEREAS, the County needs a separate fund to separately track and account for these revenues until funds can be properly expended, NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that a new fund is hereby established titled Swift Creek Sediment Management Fund to account for costs of improvements and maintenance activities on Swift Creek, and BE IT FURTHER ORDAINED by the Whatcom County Council that the Fund is approved with a budget of $1,000,000 as described in Exhibit A. ADOPTED this day of 2018 WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk APP OVED AS TO FORM: 61 Civil Deputy Prosecutor Rud Browne, Chair of the Council ( ) Approved ( ) Denied Jack Louws, County Executive Date: WHATCOM COUNTY PUBLIC WORKS DEPARTMENT )ON HUTCHINGS DIRECTOR MEMORANDUM Public Works Administration Project Development Group 322 N. Commercial Street, Suite 210 Bellingham, WA 98225-4042 Telephone: (360) 778-6212 Extension: 6212 rmiddletwo. whatcom. wa.us To: The Honorable Jack Louws, Whatcom County Executive, and Honorable Members of the Whatcom County Council Through: Jon Hutchings, Director From: Roland Middleton, Special Programs Manager Date: June 25, 2018 RE: Supplemental Budget Request — Swift Creek Sediment Management Requested Action Enclosed for your review and consideration is a supplemental budget request for 2018 (see attached Supplemental Budget Request ID # 2614). Background and Purpose This project begins the long term management of the Swift Creek Sediment from the Sumas Mountain Landslide. The project elements for this phase include designing and permitting the sediment traps, debris levee, and sediment basins; dredging portions of the lower reach; and environmental review of the repository areas. Washington State, through the Department of Ecology has approved funding for the Swift Creek Sediment Management Action Plan. Funding Amount and Source This supplemental budget request will authorize $1,000,000 of expenditure authority for the first phases of this multi -year action plan. The first pass -through grant is for $1,000,000 of the first $4,000,000 approved from the State Building Construction Account. Please contact Roland Middleton at extension 6212 if you have any questions or concerns regarding this request. We EXHIBIT A Supplemental Budget Request status: Pending Public Works Administration Supp911) 4 2614 Fund Cost Center Originator. Randy Rydel Expenditure Type: One -Time Year 2 2018 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Swift Creek Sediment Management Project Department Head Signa (Require Hard Copy Submission) Date 1a. Description of request: This project begins the long term management of the Swift Creek Sediment from the Sumas Mountain Landslide. The project elements for this phase include preliminary design of the sediment traps and debris flow levee, alternatives analysis of the sediment basins, final design of the sediment traps and debris flow levee, preliminary design of the sediment basins, obtaining the necessary permits and completing the environmental review Additionally, the project includes overall management and removal of asbestos laden sediment in the lower Swift Creek basin. This is the first and second tasks of the Sumas Mountain/Swift Creek Sediment Management Project grant for this multiyear project. 1b. Primary customers: Citizens of Whatcom county and Canada that live or work near the Sumas River or Swift Creek. 2. Problem to be solved: Swift Creek, originating on Sumas Mountain in Whatcom County has a long history of sediment loading and reduced hydraulic conveyance capacity with consequent flooding as a result of an active landslide. Sediment from the slide is from a unique geologic deposit that contains naturally occurring asbestos as well as metals of concern including cadmium, cobalt, manganese, and nickel. In addition to the environmental health concern of the asbestos, the sediment loading within Swift Creek creates conditions that inhibit animal life and vegetation in and adjacent to the Creek. Swift Creek sediment flows into the Sumas River and has now entered Canadian waters to the north. Whatcom County and the Department of Ecology are coordinating efforts within their respective legal authorities to address this regional and international issue. Ecology and Whatcom County see the benefit of implementing stream and sediment control measures including sediment traps, deflection levees, sedimentation basins, and long-term sediment sequestration and management facilities. This grant is the first phase of a multiple year project response. 3a. Options /Advantages: 3b. Cost savings: This project is largely grant funded and upon completion will save on increasing annual maintenance expense. Additionally, the project will avert the large scale emergency that would take place if Swift Creek spills out of its current channel. 4a. Outcomes: -Design Wednesday, June 27, 2018 50 Rpt: Rpt Suppl Regular Status: Pending Supplemental Budget Request Public Works Administration SuppY ID # 2614 Fund Cost Center -Environmental Review -Permitting of the facilities These tasks will be delivered by July 2020 4b, Measures: 5a. Other Departments/Agencies: Originator: Randy Rydel This request will benefit the Road fund, Flood Control Zone District, Sumas Nooksack Everson Flood Control Sub Zone who all currently work to keep the creek in its banks. 5b. Name the person in charge of implementation and what they are responsible for: 6. Funding Source: This and additional work will be funded by a grant from the Department of Ecology State Building Construction Account. Wednesday, June 27, 2018 Rpt: Rpt Suppl Regular 51 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2018-209 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 07110118 Intro 07124118 Finance Comm; Divisioi? Head: U L 0 2 2018 Council Dept. Head: Prosecutor: OUNCIL PvhasinglBua�get, w Executive: TITLE OF DOCUMENT.• 201 UhPemental Budget Request #9 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 RCWor WCC as appropriate. Be clear in explaining the intent of the action.) Supplemental #9 requests funding from the General Fund. 1. To appropriate $50,000 in District Court Probation for additional funding for electronic monitoring program. 2. To appropriate $186,558 in Planning and Development Services to fund Buildable Lands Program from grant proceeds 3. To appropriate $50,000 in Superior Court tofund pre- trial risk assessment implementation. 4. To appropriate $127,726 in Non -Departmental to fund Opportunity Council public services program from grant proceeds. From the Public Utilities Improvement Fund. 5. To appropriate $1,600, 000 to fund PUD #]Grandview water project. COMMITTEE ACTION. COUNCIL ACTION. 7/10/2018: Introduced 6-0, Ballew absent Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 52 PROPOSED BY: Executive INTRODUCTION DATE: 07/10/18 ORDINANCE NO. AMENDMENT NO. 9 OF THE 2018 BUDGET WHEREAS, the 2017-2018 budget was adopted December 6, 2016; and, WHEREAS, changing circumstances require modifications to the approved 2017-2018 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 2017-2018 Whatcom County Budget Ordinance #2016-068 is hereby amended by adding the following additional amounts to the 2018 budget included therein: Fund Expenditures Revenues Net Effect General Fund District Court Probation 50,000 - 50,000 Planning and Development Services 186,558 (225,000) (38,442) Superior Court 50,000 - 50,000 Non -Departmental 127,726 (127,726) - Total General Fund 414,284 (352,726) 61,558 Public Utilities Improvement Fund 1,600,000 1,600,000 Total Supplemental 2,014,284 (352,726) 1,661,558 ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk APPRIDVED AS TO F M: ivil Deputy rosecutor 2018. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Rud Browne, Chair of the Council ( ) Approved ( ) Denied Jack Louws, County Executive Date: I:\BUDGET\SUPPLS\2018_Suppl\Supplementa1 #9-2018.docx 53 WHATCOM COUNTY Summary of the 2018 Supplemental Bud et Ordinance No. 9 Department/Fund Description Increased (Decreased) Expenditure (Increased) Decreased Revenue Net Effect to Fund Balance (Increase) Decrease General Fund District Court Probation To provide additional funding for electronic monitoring project. 50,000 50,000 Planning and Development Services To fund Buildable Lands Program from grant proceeds. 186,558 (225,000) (38,442) Superior Court To fund pre-trial risk assessment implementation. 50,000 50,000 Non -Departmental To fund Opportunity Coucil public servcies program from grant proceeds. 127,726 (127,726) - Total General Fund 414,284 (352,726) 61,558 Public Utilities Improvement Fund To fund PUD #1 Grandview water project. 1,600,000 1,600,000 Total Supplemental 2,014,284 (352,726) 1,661,558 54 WHATCOM COUNTY DISTRICT COURT Whatcom County Courthouse 311 Grand Avenue, Suite 401 Bellingham, WA 98225-4081 BRUCE VAN GLUBT Administrator TO: Executive Louws FROM: Bruce Van Glubt DATE: June 25, 2018 SUBJ: District Court Electronic Monitoring Pilot Project MATTHEW S. ELICH Judge DAVID M. GRANT Judge ANTHONY PARISE Commissioner Attached you will find a supplemental budget request document asking for an additional $50,000 to both continue and increase the number of defendants on the program through the end of 2018. With an expenditure authority of $10,000 per month, the program capacity can increase from 15 to approximately 30 defendants at any one time. The initial $15,000 will run out at the end of July. You will find additional details about the program in the attached document. Thank you for your consideration of this request. ,„E515708 J)I hone: (36�1 �5 -�170 Caunty: 398-^o-,cx�A� t3� �_�. I7�: i 55 Supplemental Budget Request Status: Pending District Court Probation Supp'I ID # 2616 ; Fund 1 Cost Center 1310 Originator. Bruce Van Glubt Expenditure Type: One -Time Year 2 2018 Add'I FTE ❑ Add'I Space ❑ Priority Name of Request: Electronic Monitoring Pilot Project I\ Department Head Signature Costs: Object Object Desct 6610 Contractual Request Total la. Description of request. Hard Copy Submission) Date Amount Requested $50,000 $50, 000 Approval of this supplemental budget request will allow for: 1. Continuation a of the Electronic Monitoring Pilot Project for District Court defendants through the end of 2018. 2. Increase the number of defendants on the program at any one time from 15 to 30. 1b. Primary customers: District Court Judges, Prosecutors, Defense Attorneys, and defendants. 2. Problem to be solved: The funding for the first phase of the project will run out at approximately the end of July, 2018. The funding requested in this supplemental budget request will allow continued funding of the project, and increase the number of defendants on the program, through the end of the year. This will allow additional time to evaluate the program, how it is used, and outcomes. 3a. Options /Advantages: Discontinue the program. 3b. Cost savings: 4a. Outcomes: The first defendant was placed on the program on 2/2/18. The total number of defendants that have been on the program through June 20th is 18. Of the 18, during the period of time the defendants were on the program: *15 were pretrial cases and 3 were post conviction cases. (83%) *16 were not arrested for new offenses and 2 were. (89%) *17 did not have any warrant issued for their arrest and 1 did. (94%) *There have been 1039 "device" days. *As of 6/20/18 there were 14 defendants on the program. Feedback from Judges, Prosecutors and Defense Attorneys is as follows: *During the period of time on the program the defendants were not in custody. *It is likely that higher bail would have been imposed with some unable to post bail. *The program has allowed for a higher level of monitoring defendants. *The devices are more convenient for defendants than other options imposed by the court such as daily/weekly UA and PBTs, particularly for those that do not live close to the courthouse. *Both the Prosecutor and the Public Defender's Offices have stated they would like to continue the Monday, June 25, 2018 Rpt: Rpt Suppl Regular 6101 Supplemental Budget Request Status: Pending District Court Probation Supp7 iD # 2698 Fund 1 Cost Center 1310 Originator: Bruce Van Glubt program and increase the number of defendants on the program. 4b. Measures: The following information will be continued to be gathered regarding defendants on the program: 1. Number on pretrial and post -conviction monitoring. 2. Number of new offenses. 3. Number of new warrants. 4. Number of days served on the devices. 5a. Other Departments/Agencies: The Whatcom County Sheriffs Department. 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: General fund. Monday, June 25, 2018 Rpt: Apt Suppl Regular 57 m WHATCOM COUNTY f Planning & Development Servicesa 5280 Northwest Drive Bellingham, WA 98226-9097 360-778-5900, TTY 800-833-6384 360-778-5901 Fax Memorandum TO: Jack Louws, County Executive FROM: Matt Aamot, Senior Planner Mark Personius, Director g4lp DATE: June 25, 2018 SUBJECT: Budget Supplemental Request ID#2610 Buildable Lands Program Funding Mark Personius, AICP Director The attached Budget Supplemental Request is an increase in budget authority to accept and disburse the State Department of Commerce grant for the Buildable Lands Project. Background and Purpose The Washington State Legislature approved a bill in the 2017 legislative session that imposes new land use planning requirements on Whatcom County and the cities. The County and cities will now be required to review past development patterns and compare them to the planned growth envisioned in the Comprehensive Plan and perform other related tasks. If the actual growth deviates from planned growth, then local jurisdictions will need to take reasonable measures to address the situation. This process will include developing County -wide Planning Policies, data collection, research, and developing methods to conduct the buildable lands evaluation. Funding Source The State Legislature allocated $225,000 to Whatcom County for state fiscal year 2019 (July 1, 2018 to June 30, 2019) in association with the new Buildable Lands Program requirements. These funds will be used for reimbursing County staff time, reimbursing city expenses, and consultant work. The other option would be for the County (and cities) to fund the work without assistance of the State. Please contact Matt Aamot at extension 5939 or Mark Personius at extension 5950, if you have questions regarding this project. Thank you. WN Supplemental Budget Request Stags: Pending Planning & Development Services Planning Supp 1 10 9 23, 19 Fund 1 Cost Center 2527 Originator: Mark Personius Expenditure Type: One -Time Year 2 2018 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Buildable Lands Program Funding Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 4334.0421 Commerce Grant ($225,000) 6630 Professional Services $78,500 7210 Intergov Prof Svcs $108,058 Request Total ($38,442) la. Description of request: The Washington State Legislature approved a bill in the 2017 legislative session that imposes new land use planning requirements on Whatcom County and the cities. The County and cities will now be required to review past development patterns and compare them to the planned growth envisioned in the Comprehensive Plan and perform other related tasks.. If the actual growth deviates from planned growth, then local jurisdictions will need to take reasonable measures to address the situation. This process will include developing County -wide Planning Policies, data collection, research, and developing methods to conduct the buildable lands evaluation. 1b. Primary customers: The public and partner cities. 2. Problem to be solved: The Washington State Legislature approved Engrossed Second Substitute Senate Bill 5254 in 2017. This new legislation, relating to the Growth Management Act and Buildable Lands, imposes new requirements on Whatcom County. This request is to accept grant money from the State to facilitate compliance with this new law. The State Legislature allocated $225,000 to Whatcom County for state fiscal year 2019 (July 1, 2018 to June 30, 2019) in association with the new Buildable Lands Program requirements. These funds will be used for reimbursing County staff time, reimbursing city expenses, and consultant work. The other option would be for the County (and cities) to fund the work without assistance of the State. The State Legislature allocated $225,000 to Whatcom County for state fiscal year 2019 (July 1, 2018 to June 30, 2019). Accepting these state funds will save the County and cities from spending local funds to comply with this new state mandate. 4a. Outcomes: Task # 1 - Participate in State process of developing Buildable Lands Program Guidelines (State Guidebook will be finalized by December 2018) and other documents the State Department of Commerce's consultant is developing in association with ESSSB 5254. Task # 2 - County/City collaboration to develop a unified approach to buildable land requirements, including engaging key stakeholders to solicit input/ feedback. Task # 3 - Develop County -wide Planning Policies (CWPPs), in consultation with cities, to establish the buildable lands program. Task # 4 - Collect annual data to the extent necessary to assess achieved development densities and Monday, June 25, 2018 Rpt: Rpt Suppl Regular 59 Supplemental Budget Request status: Pending Planning & Development Services Planning Supp9 10 W 2610 Fund 1 Cost Center 2527 Originator. Mark Personius land suitable for development. Task # 5 - Begin research and data collection on key issues relating to Buildable Lands. Task # 6 - Begin the process of reviewing the State Buildable Lands Guidelines and developing draft Whatcom County Buildable Lands Methodology. Task # 7 - Project management. All tasks will be completed between July 1, 2018 and June 30, 2019, 4b. Measures: Work products including county -wide planning policies, permit reports and other data compilation, and buildable lands methodology. Work products may be in draft form. 5a. Other Departments/Agencies: Participating Cities within Whatcom County. The County's Information Technology Department will provide permit data reports. 5b. Name the person in charge of implementation and ghat they are responsible for. Participating City Planners. Ben Glassett- Whatcom County IT --producing permit reports. 6. Funding Source; The State Department of Commerce (state grant) Monday, June 25, 2018 Rpt Rpt Suppl Regular DO( Supplemental Budget Request Status: Pending Superior Court Sigo yt ;D 4 2608 Fund 1 Cost Center 3100 Originator. David Reynolds Expenditure Type: One -Time Year 2 2018 Add'I FTE Add'I Space Priority 1 Name of Request. Pre Trial Risk Assessment Implementation Department Head�Signature (Required on Hard Copy Submission) Date Costs: Object 6610 Request Total la. Description of request: Object Description Contractual Services Amount Requested $50,000 $50, 000 Superior Court requests funds to contract with a professional consultant who can review local jail data and refine the Virginia model pretrial risk assessment to be statistically relevant for County and municipal jurisdictions in Whatcom Courts. 1b. Primary customers: Initially, the Whatcom County Superior Court judicial officers will apply the risk assessment to qualified pretrial felony defendants. In addition, judicial officers in Whatcom County District Court and other courts of limited jurisdiction (such as the Cities) will be invited to use the locally -validated pretrial risk assessment for qualified pretrial misdemeanor and gross misdemeanor defendants. 2. Problem to be solved: An independent study indicated that up to 60 percent of the Whatcom County jail population is being held on a pretrial basis. This is a significant consumption of jail resources. In addition, Washington State Court Rules: Superior Court Criminal Rules Section 3.2 requires Superior Court to release those accused in non -capital cases without conditions unless the court determines the release will not reasonably assure public safety and/or court appearance when required Initially, the Whatcom County Superior Court judicial officers will apply the risk assessment to qualified pretrial felony defendants. In addition, judicial officers in Whatcom County District Court and other courts of limited jurisdiction (such as the Cities) will be invited to use the locally -validated pretrial risk assessment for qualified pretrial misdemeanor and gross misdemeanor defendants. 3a. Options /Advantages: A variety of risk assessment tools have been considered. The Virginia model appears to be the most comprehensive and adaptable to our local needs. County Superior Court judicial officers have indicated that certain qualifying defendants, who are being incarcerated now, may be released from jail with conditions. A locally -validated pretrial risk assessment will give judges the information necessary to order appropriate requirements for each defendant who is awaiting trial. Best practices call for combining pretrial risk assessment tools with a release matrix to determine the least onerous conditions that will assure pretrial success. Some pretrial risk assessment tools with proprietary algorithms and software can cost up to $200,000. However, local criminal justice officials recommend using the non-proprietary and no -cost Virginia model risk assessment and applying the risk assessment via hand -scoring (no software requirements). The only cost would be for a professional consultant to validate the local jail data to the risk assessment questionnaire and matrix. Monday, Jule 09, 2018 Rpt: Rpt Suppl Regular «i Supplemental Budget Request starers: Pending Superior Court u,!;D „ir Fund 1 Cost Center 3100 Originator. David Reynolds 3b. Cost savings: Long term cost savings of applying a pretrial risk assessment tool with pretrial monitoring services could include a statistically significant reduction in jail bed use from certain pretrial defendants, reducing the jail size needs. Until we have a risk assessment implemented, however, it is impossible to determine how much of a reduction will take place. 4a. Outcomes: The goal is to reduce the proportion of defendants who are incarcerated before trial, by using an objective tool to identify those defendants who could be safely maintained in the community and providing monitoring and other services to maintain their accountability for complying with all pretrial requirements ordered by the court. 4b. Measures: Best practices require that pretrial risk assessments be statistically reviewed after one year of use and every five years thereafter to ensure that the tool remains relevant to local factors. With this initial contract, baseline data on pretrial jail use will be collected and measured. Through periodic reviews, data will continue to be collected and measured, trends identified, and the efficacy of pretrial services will be established. 5a. Other Departments/Agencies: The Whatcom Count Jail, Superior Court, Courts of lower jurisdiction, the Prosecutor's Office, Public Defender's Office, and local law enforcement. The impact can not be assessed until the tool is operational. 5b. Name the person in charge of implementation and what they are responsible for. Superior Court is responsible for implementation. Courts of lower jurisdiction may implement. 6. Funding Source: County General fund Monday, July 09, 2018 Rpl: Rpt Supp( Regular 62 WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 e 10 ASH'"G Bellingham, WA 98225-4082 M E MOM A r1ki- 1® U M To: Whatcom C n Council Members r I From: Jack Lou ids Subject: Budget Su mental, Opportunity Council Grant Date: June 25, 2018 Jack Loms County Executive The attached supplemental request for $127,726 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 $127,726. 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. Office (360) 778-5200 FAX (360) 778-5201 TRS: 711 63 Supplemental Budget Request Status: Pending Executive Supp'11D # 2613 Fund 1 Cost Center 4286 Originator. Suzanne Mildner Expenditure Type: One -Time Year 2 2018 Add'1 FTE O Add'I Space O Priority 1 Name of Request. OppCo Public Services CDBG Grant 2018-19 Department Head Signat re (R 'red n Hard Copy Submission) Date Costs: Object 4333.1422 6610 Object Description HUD-CDBG Contractual Services Amount Requested ($127,726) $127, 726 Request Total $0 1a. Description of request: This request is for grant revenue from the Washington State Department of Commerce, for pass through to Opportunity Council as subrecipient. This is an annual forumula grant for direct public services, delivering 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: This grant must be accessed through the local government, and will provide the following public services: 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, 2018 to June 30, 2019. 4b. Measures: Opportunity Council submits 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 program services. 6. Funding Source: Federal grant from HUD through the Washington State Dept. of Commerce's CDBG Program Friday, June 22, 2018 Rpt: Rpt Suppl Regular NV i WFIATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 TO: Whatcom County Council memb r FROM: Jack Louws, County ExecutiXq ,w,_ , w, RE: EDI Program - Interlocal Loan Grant Agreement with PUD#1 of Whatcom County DATE: June 22, 2018 lack Loms County Executive Attached is a Supplemental budget request for spending authority on an EDI Interlocal Loan and Grant Agreement for which budget authority is required. On June 5, 2018, the Council adopted the EDI Board's recommendation to provide funding through the EDI Program for the PUD#Vs Grandview/1-5/Northgate (Fire System) Water Supply Pipeline project. The PUD is ready to proceed with the project. The Interlocal Agreement will be presented to Council in July 2018, concurrently with this budget supplemental request. The PUD is expecting to draw on the $800,000 grant initially, as provided for under the terms of the agreement. The loan portion, another $800,000, is expected to be drawn upon soon thereafter, and project completion is anticipated to be late 2018 or early 2019. This program funding is derived from the Public Utilities Improvement Fund. Office (360) 778-5200 FAX (360) 778-5201 TRS: 711 65 Supplemental Budget Request status: Pending Executive Supp9 Zl? ft 2612 Fund 332 Cost Center 3332237 Originator. Suzanne Mildner Expenditure Type: One -Time Year 2 2018 Add'I FTE ❑ Add'I Space ❑ Priority 2 Name of Request; EDI PUD#1 Grandview Water Project 1a. Description of request. Requesting budget authority for EDI loan and grant funding for PUD #1 of Whatcom County's Grandview/1- 5 water pipeline project. 1b. Primary customers: Public Utility District #1 and Whatcom County 2. Problem to be solved. In June 2018, County Council authorized EDI Program funding, to include a grant in the amount of $800,000 and a loan in the amount of $800,000 for PUD#1's water pipeline project in the Grandview/1-5 area. The interlocal Loan and Grant agreement is scheduled for Council consideration in July 2018, simultaneously with this budget request. Funding approval will allow for this project to begin by the targeted timeframe of August 2018. 3a. Options /Advantages: The EDI Board and County Council previously determined that this project meets the objectives of the EDI Program project guidelines. 3b. Cost savings: N/A 4a. Outcomes: Project completion is estimated to be late 2018, early 2019. 4b. Measures: Final project report and budget summary. 5a. Other Departments/Agencies: PUD#1 of Whatcom County City of Ferndale -current water system improved 5b. Name the person in charge of implementation and what they are responsible for: Stephan Jilk, General Manager of PUD#1, will oversee this project 6. Funding Source: Public Utilities Improvement Fund Friday, June 22, 2018 Rpt: Rpt Supp! Regular «01 WHA TCOM COUNTY COUNCIL AGENDA BILL NO. AB2018-218 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: JT 6129118 7124118 Finance/Council Division Head: AJL -17 20,18 k"TC A111P 'OM COUNTY Dept. Head: PAD Neg Prosecutor: 7 -OW Purchasing/Budget: ZZ 5 Pj COUNCIL Fxecutive: AA,�7 //. - TITLE OF D01 ��*T.* I Contract b chatcorn County and Washington State Department of Children, Youth and Families hal A TTA CHMENTS. 1. Memo to County Executive 2. Contract Information Sheet 3. 2 Originals of Contract 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 RCWor WCCas appropriate. Be clear in explaining the intent of the action.) The purpose of this agreement is to provide high quality home visiting services to high risk families using the Nurse Family Partnership program model for purposes of improving outcomes for participants and strengthening coordination of services. 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.uslcouncil. G7 TO: FROM: RE: DATE: MEMORANDUM Jack Louws, County Executive Regina A. Delahunt, Director R es,,,jina A, 3 ll JUL 0 6 2018 JACK LOUVVS COUNTY EXECUTIVE Washington State Department of Children, Youth and Families — Contract Amendment #1 July 3, 2018 Enclosed are two (2) originals of an Interlocal Agreement between Whatcom County and Washington State Department of Children, Youth and Families (DCYF) for your review and signature. Background and Purpose In December of 2012, the Whatcom County Health Department began implementing the Nurse - Family Partnership program. The program is a nationally -recognized home visiting program focused on supporting low-income first-time mothers during pregnancy until the first child is two years of age. The Nurse -Family Partnership program is at the forefront of community health programs because the evidence -base of positive outcomes for children and families is so strong. The program matches each family with a nurse who provides ongoing support to the family focusing on health, child development, goal -setting and family self-sufficiency. Funding Amount and Source This amendment extends the period of performance through June of 2019 and adds $348,075.58 in funding for a total contract amount of $683,601.39 over two years. Funding is provided by the Home Visiting Services Account (HVSA) established in RCW 43.215.130 and is administered by DCYF. Currently, approximately 50% of our total program is funded by the HVSA. These funds are included in the 2018 budget. Council approval is required per RCW 39.34.030(2) for agreements between public agencies. Please contact Judy Ziels at extension #6130 if you have any questions regarding this agreement. Encl. 509 Girard Street V v hc�tcorpC�U r1t,/ Bellingham, WA 98225-4005 360.778.6000 1 FAX 360.778.6001HEALTH 0 1500 North State Street Bellingham, WA 98225-4551 fn WhatcomCountyHealth 360.778.6100 1 FAX 360.778.6101 WhatcomCoHealth D e r) a r t rn e n t www.whatcomcounty.us/health WHAT'COM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET 201707022 —1 Originating Department: 85 Health Division/Program: (i.e. Dept. Division and Program) 8530 Community Health / 853020 Healthy Children & Families Contract or Grant Administrator: Judy Ziels Contractor's / Agency Name: Washington State Department of Children, Youth and Families 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 #: 201707022 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): 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? Yes ❑ No ® If yes, RFP and Bid number(s): 18-1054-01 CFDA#: Contract Cost Center: 621210 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 Council approval required for; all property leases, contracts or bid awards exceeding any prior amendments): $40,000, and professional service contract amendments that have an increase $ 335,525.81 greater than $10,000 or 10% of contract amount, whichever is greater, except when: This Amendment Amount: 1. Exercising an option contained in a contract previously approved by the council. $ 348,075.58 2. Contract is for design, construction, r-o-w acquisition, professional services, or Total Amended Amount: other capital costs approved by council in a capital budget appropriation $ 1683,601.39 ordinance. 3. Bid or award is for supplies or equipment included approved in the budget. 4. Contract is for manufacturer's technical support and hardware maintenance of electronic systems and/or technical support and software maintenance from the developer of proprietary software currently used by Whatcom County. Summary of Scope: The purpose of this agreement is to provide high quality home visiting services to high risk families using the Nurse Family Partnership program model for purposes of improving outcomes for participants and strengthening coordination of services. Term of Contract: 2 Years Expiration Date: 6/30/2019 Contract Routing: 1. Prepared by: JT Date: 6/30/18 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: 7. Council approved (if necessary): Date: 8. Executive signed: Date: 9. Original to Council: Date: of DEL Contract Number: 18-1054-01 Contractor Contract Number: Early Learning Title: Home Visiting Services Account: Nur INTERLOCAL AGREEMENT WH 0 -r Y AMENDMENT #1 TO CONTRACT #18-1054-01 CONTRACT N • Contract Number 18-1054-01, by and between the Department of Early Learning, (hereina er re erre o as "DEL") and Whatcom County, a Municipal Subdivision, doing business as Whatcom County Health Department, (hereinafter referred to as "Contractor"), is amended effective July 1, 2018 through July 31, 2019 as follows: The Contractor hereby acknowledges that effective July 1, 2018, all of DEL will by operation of law (RCW 43.216.905) become part of the Department of Children, Youth, and Families (DCYF) and this Contract will be thereby assigned to DCYF with no further notice requirement by DCYF. All references to DEL in this Contract shall be considered, effective July 1, 2018, references to DCYF. CONTRACTOR BUSINESS ADDRESS CONTRACTOR CONTRACT MANAGER Whatcom County Judy Ziels 509 Girard St jziels@co.whatcom.wa.us Bellingham WA 98225 Phone: (360) 778-6130 TIN: 91-6001383 UBI: 600-358-208 DEL ADDRESS Department of Early Learning PO Box 40970 Olympia WA 98504-0970 F-1161:ZIDI61:ki1111111:211 N 001.1 DEL PROGRAM CONTRACT MANAGER Ivon Urquilla Prevention Services Program Specialist ivon.urquilla@del.wa.gov Phone: (360) 725-4695 The purpose of this amendment is to extend the period of performance through June 30, 2019, to add funding for fiscal year 2019, and to revise Exhibit A, Statement of Work; Exhibit B, Budget; and Exhibit D, Deliverables Schedule; and make changes to attachments. SECTIONS CHANGED Exhibit A, Statement of Work, is replaced in full, Exhibit B, Budget, has been revised, and Exhibit D, Deliverables Schedule has been revised to reflect the upcoming fiscal year. The following attachments have been superceded in full: Attachment 3, Contract Monitoring, Compliance and Non Compliance; Attachment 4, Data Collection, Reporting, and Aligned Measures; Attachment 5 CQI, Attachment 6, Monthly Enrollment Data Report, and Attachment 7 Quarterly Progress Report. Amendment Effective Date: July 1, 2018 Amended Contract Dates: Contract Start Date: July 1, 2017 Previous End Date: July 31, 2018 Amended End Date: July 31, 2019 Amended Contract Maximum: $683,601.39 State Funds Previous $335,525.81 Change $348,075.58 New Total $683,601.39 EXHIBITS AND ATTACHMENTS ContrbU Number: 18-1054-01 Printed Date: 6/29/2018 Page 1 of 21 Exhibit A, Statement of Work, is hereby revised and replaced with Amended Exhibit A Statement of Work Amendment 1 attached and incorporated herein as though set forth in full. Exhibit B, Budget, is hereby revised and replaced with Amended Exhibit B Budget Amendment 1 attached and incorporated herein as though set forth in full. Exhibit D, Deliverables, Statement of Work is hereby revised and replaced with Amended Exhibit D, Deliverables, Amendment 1 attached and incorporated herein as though set forth in full. Attachment 3, Contract Monitoring, Compliance and Non -Compliance is revised and replaced with Amended Attachment 3 Amendment 1 HVSA19 Att3 Contract Compliance attached and incorporated herein as though set forth in full. Attachment 4, Data Collection Reporting Align Meas is revised and replaced with Amended Attachment 4 Amendment 1 HVSA19 Att4 Data Collection Reporting Align Meas NFP, MIECHV not TANF, attached and incorporated herein as though set forth in full. Attachment 5, Continuous Quality Improvement is revised and replaced with Amended Attachment 5 Amendment 1 HVSA19 Att5 Continuous Quality Improvement attached and incorporated herein as though set forth in full. Attachment 6, Monthly Enrollment Data Report is revised and replaced with Amended Attachment 6 Amendment 1 HVSA19 Att6 Monthly Enrollment Data Report attached and incorporated herein as though set forth in full. Attachment 7, Quarterly Progress Report is revised and replaced with Amended Attachment 7 HVSA19 Att7 Quarterly Report Template, attached and incorporated herein as though set forth in full. ALL OTHER TERMS AND CONDITIONS OF THIS CONTRACT REMAIN IN FULL FORCE AND EFFECT. SIGNATURES The parties signing below represent that they have read and understand this Contract, and have the authority to execute this Contract Amendment. This Contract Amendment shall be binding on the parties only upon signature by both of them. SIGNRE: PRINTED NAME AND TITLE: DATE SIGNED: CONTRACTOR: 1 ins44 tow DEL: DEL Contract Administrator Contract Number: 18-1054-01 Printed Date: 6/29/2018 Page 2 PROGRAM APPROVAL Astrid Newell, Community Health Manager WHATCOM COUNTY JACK LOUWS County Executive STATE OF WASHINGTON COUNTY OF WHATCOM ) Date On this day of , 2018, before me personally appeared Jack Louws, to me known to be the Executive of Whatcom County and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. APPROVED AS TO FO Royce,,Ra hi m, Deputy Prosecuting Attorney NOTARY PUBLIC in and for the State of Washington, residing at Bellingham. My Commission expires: `'6"' 6 Date 72 Vkia:`;'n n � 8t e 'e �i'. �..aof Early Lea DEL Contract Number: 18-1054-01 Contractor Contract Number: Title: Home Visiting Services Account: Nurse Family Partnership (NFP) Amended Exhibit A - STATEMENT OF WORK Amendment #1 • DEFINITIONS. The following terms, as used throughout this Contract, shall have the meanings set forth below: o "Active Enrollment Caseload" means those home visiting program participants who are enrolled in the home visiting program, have some enrollment time during the reporting period, and have participated in at least one (1) home visit within 90 days of the end of the reporting period. The home visiting program participant may have entered or exited services within that reporting period. o "Administrative Supervision" means supervision provided to staff involving adhering to and implementing agency policy and procedures, paperwork, data collection, report writing, coordinating, monitoring productivity, and evaluating performance. o At -Risk Community means a community for which indicators of risk are present in greater proportion than in Washington as a whole according to the statewide Home Visiting Needs Assessment. o "At -Risk Family" means families residing in at -risk communities and determining the priority populations from which participants are recruited. o "Benchmarks" means the federally or state required performance measures that will be measured and reported on through this Contract. o "Clinical Supervision" means regular supervision of staff involving program methods and models, fidelity, curriculum, screening tools and procedures, case reviews, goal setting with families, reviewing and evaluating client progress, teaching, and providing guidance and advice. o "Confidential Information" means information that is protected from public disclosure by law. There are many state and federal laws that make different kinds of information confidential. In Washington State, the two most common are the Public Records Act RCW 42.56, and the Healthcare Information Act, RCW 70.02. This includes names; postal address information (other than town or city, state and zip code); telephone numbers, fax numbers, e-mail addresses; social security numbers; medical record numbers; health plan beneficiary numbers; account numbers; certificate/license numbers; vehicle identifiers and serial numbers, including license plate numbers; device identifiers and serial numbers; web universal resource locators (URLs); internet protocol (IP) address numbers; biometric identifiers, including finger and voice prints; and full face photographic images and any comparable images. o "Continuous Quality Improvement (CQI)" means a systematic approach to specifying the processes and outcomes of a program or set of practices through regular data collection and the application of changes that may lead to improvements in outcomes, process, and performance. o "DCYF " means the Department of Children, Youth and Families. o "De -identified Data" means health information that does not identify an individual and that there is no reasonable basis to believe that the information can be used to identify an individual, as specified in 45 C.F.R. § 164.514(e)(1). o "DEL" means Department of Early Learning. Contract Number: 18-1054-01 Printed Date: 6/29/2018 Page 3 dy:a o "Deliverable" means the delivery of home visiting services and/or a tangible work product resulting from this contract which is to be documented, described, reported and/or provided to DEL/DCYF in the form and manner required by this contract. o "DOH" means the Department of Health. o "DSA" means Data Sharing Agreement. o "Efforts To Outcomes (ETO)" means the data collection system for the national Nurse Family Partnership Program. o "Enhancements or Adaptations to home visiting model' means adaptations to programs including changes to the model that have not been tested with rigorous impact research but are determined by the Model Developer not to alter the core components related to program impacts. o "Enrollment" means a family is considered to be enrolled in a home visiting program as of the date of the first home visit during which the participant voluntarily consents to participate and signs a written participant agreement. All services must be voluntary. o "Evidence -based Home Visiting Models" means home visiting models meeting specific evidence standards as outlined and approved by the federal Health Resources and Services Administration's (HRSA) MIECHV program and selected by local implementing agencies for funding through the HVSA. o "FERPA" means "Family Educational Rights and Privacy Act" that protects the privacy of student education records, with regulations found at 34 CFR Part 99. o "HIPAA Rules" means the "Health Insurance Portability and Accountability Act Rules" and includes the Privacy, Security, Breach Notification, and Enforcement Rules at 45 C.F.R., Part 160 and Part 164. o "HRSA" means the United States Department of Health and Human Services: Health Resources and Services Administration. o "HV" means home visiting. o "HVSA" means the Home Visiting Services Account established in RCW 43.215.130. o "HVSA Aligned Measures" means those performance measures described in Attachment 4 of this Contract. o "Implementation HUB" means the central administration of Implementation Science -informed supports, training, coaching, and technical assistance for home visiting services in Washington State as provided by Thrive Washington. "Implementation Hub" is also known as `The HUB.' o "Implementation Science" (IS) means, a framework to promote the full and effective use of evidence - based programs and evidence -informed innovations so that outcomes shown in research are achieved and sustained. o "Local Implementing Agency (LIA)" means local agency funded through the HVSA contract that provides direct home visiting services and tasked with establishing the local infrastructure necessary for successful implementation and provision of the selected evidence -based HV research based or promising practices home visiting models. o "Maximum Service Capacity" means the highest number of families or households that could potentially be enrolled in the Contractor's home visiting program at any point in time if the program were operating with a full staff, as described in Section 4.1, and at full enrollment, as set forth in section 6.3. o "Memorandum of Understanding (MOU)" means an agreement, between Contractor and partners, organizations, individuals, agencies and/or other entities in the local service area to provide wraparound services, additional resources, in -kind services, and/or use of facilities to Contractor in order to best meet the goals of the Local HVSA Program. MOUs will serve to leverage community resources and address the existing service gaps and needs of participants and promote successful implementation and operation of the Local HVSA Program. ContrUt Number: 18-1054-01 Printed Date: 6/29/2018 Page 4 of 21 o "Model Developer" means an entity or its designee responsible for the development of an identified evidence -based HV model for defining and monitoring fidelity to the model. o "NFP" means the Nurse -Family Partnership home visiting model. Nurse -Family Partnership (NFP), considered an evidence -based model for the purposes of this contract. Nurse Family Partnership National Service Office, www.nursefamilypartnership.org. o "Penelope" means the data collection system to be used by the national Nurse Family Partnership program, replacing Efforts to Outcomes in 2018. o "Priority Populations" means the populations from which clients who receiving home visiting services through this Contract are recruited, defined in Section 5.2 of this Contract. o "Promising Practices Home Visiting Models" means home visiting models approved by Washington State HVSA that have demonstrated impacts through evaluation results and selected by local implementing agencies for implementation through the HVSA. This definition includes a program or practice model that is based on statistical analysis or a well -established theory of change, shows potential for meeting the `evidence -based' or `research -based' criteria, which could include the use of a program that is evidence - based for outcomes other than the alternative use, but does not meet the evidence -based standards for Maternal, Infant and Early Childhood Home Visiting program funding. o "Reflective Supervision (RS)" means a distinctive form of competency -based professional development provided to multidisciplinary early childhood home visitors that emphasizes relationship development between home visitor and supervisor, between home visitor and parent, and between parent and infant/toddler. Reflective supervision attends to the emotional content of the work and how reactions to the content affect the work. o "Service Area" means the geographical area defined by geographic boundaries where the priority populations reside or where a specific group of eligible participants will be served by Contractor. o "State Model Lead" means the HV program model representative that provides contractors with HV services, supports and TTA in coordination with the Implementation HUB. o "TANF" means Temporary Assistance for Needy Families administered through the Department of Social and Health Services (DSHS). o "Thrive Washington" means the private partner identified in RCW 43.215.130 that is responsible for supporting the HVSA account by providing TTA through the Implementation Hub to LIAs. o "TTA" means Training and Technical Assistance and may include coaching and consultation activities. o "WorkFirst" means the program for TANF families who are required to participate in certain work -related activities. Background o The Home Visiting Service Account (HVSA) is a legislatively mandated private- public partnership (RCW 43.215.130) that funds high quality home visiting programs so that: • Children are healthier and better prepared for school • Parent -child bonds are stronger • Abuse and neglect are less likely o The HVSA prioritizes funding towards meeting the needs of Washington's diverse populations, particularly those families and communities demonstrating the highest needs. o Ultimately, the HVSA is working to ensure that home visiting services are embedded in and contribute towards comprehensive, high quality early childhood systems so that families have access to high quality information, services and supports prenatally through Kindergarten entry. Contract Number: 18-1054-01 Printed Date: 6/29/2018 Page 5 0TM Programs funded through the HVSA and administered by DEL/DCYF aim to improve the health and well- being of at -risk families understanding there are windows of opportunity to influence family and child development that occur in the context of community and society. Contractor shall implement the HVSA- approved home visiting model with the intent of improving outcomes for participants and strengthening coordination of services. Model Fidelity o The Contractor shall maintain fidelity to the NFP program model as defined as ongoing adherence to specified criteria and components described by the NFP Model Developer. For home visiting programs that are not evidence based, the promising practices Contractor will work with a DCYF-authorized provider of technical assistance to adhere to model fidelity indicators established in prior contracts throughout the term of this contract. ■ National Model Standing: Contractor will ensure adherence to NFP program model standards for the duration of this contract, as indicated through a written letter with certification of good standing status and/or active, ready to implement status from the NFP national organization for evidenced based programs. The letter shall be delivered to DEL with the Quarter 2 Progress Report. • Contractor must obtain prior written approval by the model developer and DEL/DCYF before implementing enhancements or adaptations to the home visiting model. If Contractor subcontracts for delivery of home visiting services, then the subcontract must receive prior approval from DEL/DCYF and the subcontractor must comply with all sections of this Scope of Work. Staffing, Supervision and Training o Staffing Level: Contractor shall maintain staffing levels sufficient to comply with the home visiting program model to meet required qoals and objectives through adherence to the staffing plan outlined as follows.- b. Staffing Plan by Position Type i502 State General State HVSA Funds Funds Total Home Visitor FTE Total 2.10 2.10 HV Supervisors FTE Total -- time delivering home visiting services, if applicable Supervisor FTE Total -- time dedicated to supervision Admin Support Staff FTE Total Data Support Staff FTE Total Management Staff FTE Total Additional Direct Service Staff FTE Total Other Staff (Lummi Family Advocate) .30 .30 o Home Visiting Supervisor and Home Visitor Qualifications: Contractor shall comply with the NFP home visitor supervisor and staffing qualification requirements throughout the term of this contract. If there are no model requirements, the Contractor shall work with the DCYF-authorized provider of technical assistance, Thrive Washington, to establish qualifications. The definitions shall be included with the model fidelity letter submitted by the Contractor as described in Section 3.1.1. The Contractor shall adhere to these definitions of home visitor supervisor and staffing qualifications throughout the entire term of this contract. o Sub -Contracting: With prior approval from DEL/DCYF, Contractor may hire directly or subcontract with clinical staff, other support staff, or consultants to provide topic -specific expertise or clinical support to home visiting staff. If Contractor hires clinical staff or contracts out for other support services, Contractor will be required to adhere to model requirements and provide periodic updates on the activities carried out by the clinical staff, consultant, and/or subcontract. Number: 18-1054-01 Printed Date: 6/29/2018 Page 6 of 21 o Background Checks: The Contractor shall conduct reference and background checks on home visiting staff prior to allowing home visiting staff to perform work pursuant to this contract. Reference and background check information for each employee shall be retained in the employee's personnel files. o Supervision of Home Visitors: Contractor shall comply with the supervision requirements of NFP program model as follows: ■ Supervision Ratios: Contractor shall comply with program model requirements for the ratio of supervisors to home visitors throughout the term of this contract. If no model requirements exist, Contractor shall comply with requirements established with the DCYF-authorized technical assistance provider throughout the term of this contract. • Supervision Schedule Hours: Contractor shall comply with the following supervision schedule: • A minimum of two (2) hours per month of individual reflective supervision for each home visitor working .5 FTE or more; and • A minimum of one (1) hour per month of group supervision, case conferencing, or staff meetings for all home visitors; • A minimum of one (1) hour per month for each home visitor working 0.5 FTE of administrative and clinical supervision; • The parties may agree in writing to an alternative supervision schedule. Staff Training and Ongoing Professional Development. - The Contractor shall require that all home visitor and supervisor staff adhere to the training requirements, professional development, and continuing education requirements established by the model developer and DCYF. Training requirements for home visitors, supervisors, and home visiting coordinators shall include, but not be limited to the following: • New and ongoing model training, • Ongoing professional development and continuing education required by the NFP model, • Training required by the DEL/DCYF on data collection methods, Continuous Quality Improvement, and other topics, which may include the NEAR@Home Toolkit, Facilitating Attuned Interactions, and other topics to be determined. • Upon request, the Contractor shall deliver to DEL/DCYF documentation pertaining to all staff training, professional development, and continuing education described in this Section. HVSA Orientations and Meetings: Contractor shall attend and participate in statewide HVSA All Program Meetings conducted in Washington State. Required attendance shall include, at a minimum, at least one of the Contractor's lead staff persons or the home visiting program manager. Attendance at the HVSA Statewide meetings shall include, but not be limited to, the following. - The DEL/DCYF Orientation Webinar to occur in the first quarter of the contract period on a date to be determined. ■ At least two (2) full -day Semi -Annual Statewide Meetings held in Washington State in the greater Seattle/Tacoma area on dates to be determined; ■ At least three (3) NFP Supervisor Meetings in locations and on dates to be determined; Staff Retention Practices: To ensure continuity of high quality service delivery, the Contractor shall develop and implement policies and practices to recruit and retain qualified staff in the home visitor and supervisor positions. o Staffing Vacancy Plans. - To avoid service disruption in the event of a short- or long-term staffing vacancy, the Contractor shall establish and implement vacancy plans to fill vacant home visitor and supervisor positions to ensure continuity of home visiting services, minimal client turnover, and adequate supervision. Contract Number: 18-1054-01 Printed Date: 6/29/2018 Page 7 of7 • Service Area and Recruitment of Priority Populations o Service Area. - Contractor agrees to deliver home visiting services to priority populations, defined in Section 5.2, who reside in the following counties or sub -county areas: • Whatcom County o Priority Population: Contractor shall sustain internal practices to serve, from among the HVSA Priority Populations. Priority Populations are defined as eligible participants with two or more of the following characteristics: ■ Families with children, prenatal to age three years ■ Demographic Characteristics: • American Indian/Alaskan Native Non -Hispanic • Poverty/Low Income • Teen Parents • Non -English Speaking or Recent Immigrant • Enrolled in WorkFirst/TANF ■ Adverse Experiences • Prior Child Welfare System Involvement • Intimate Partner Violence • Familial History or current experience with Substance Use, including Tobacco • Parent Mental Illness • Current and Previously Incarcerated Parents • Homeless/Unstable Housing ■ Other Characteristics • Parents with Low Educational Attainment • Parents with Disabilities • Families currently or formerly in the Military • Children with Disabilities, especially those not linked with early intervention services o The Contractor shall prioritize enrollment for participants from the following population groups: ■ At least 12 families from the Lummi Tribal Nation o Outreach Efforts ■ The Contractor shall create and implement an outreach plan to reach families to be served from among the priority populations. ■ The Contractor shall document outreach efforts and referral sources for potential and enrolled participant including those who decline services. ■ The Contractor shall record outreach and referral sources in the NFP data system - ETO/Penelope. ■ Contractor shall assess the degree to which outreach efforts are successful in reaching target populations. ■ Contractor shall provide to DEL/DCYF in its quarterly reports description of barriers to reaching the intended populations. Any proposals to adapt the priority population shall be supported by community data and approved by DCYF. ContMt Number: 18-1054-01 Printed Date: 6/29/2018 Page 8 of 21 Participant Enrollment, Retention, and Caseload Maintenance o Plan for Recruitment of Participants: Contractor shall document and implement a comprehensive plan for participant recruitment, engagement, and retention aligned with the NFP program model to ensure ongoing enrollment of priority populations as described in section 5. o Voluntary Services: The Contractor shall implement program policies and procedures to ensure home visiting services are provided to program participants on a voluntary basis. For every participant enrolled, Contractor must obtain a consent form to participate indicating that expectant parents, parents, or caregivers agree to voluntarily enroll in Contractor's home visiting services. Consent forms or participant agreements must explicitly state that home visiting services are voluntary, and the consent must be signed and dated by the participant upon enrollment. Consent forms must be maintained in the participant file in paper or electronic form. Consent forms should be written in plain language and be available in multiple languages. When potential participants have barriers with literacy, the consent should be explained in the participant's primary language, which may require interpretation. When interpretation is utilized, signatures should be obtained on the consent form from the interpreter. Sample consent form(s) are available at on the home visiting page of the DEL/DCYF web site. o Active Caseload Threshold: Contractor shall build and maintain an active participant caseload in accordance with NFP model requirements. Throughout the entire term of this contract, Contractor shall aim to serve an active Maximum Service Capacity of 52 families and maintain a minimum Active Enrollment Caseload of 85% of those families, or 44 families. ■ Contractor's Minimum Active Enrollment Caseload will be calculated each quarter using the number of families actively enrolled during the quarter divided by the total number of Maximum Service Capacity. ■ DEL/DCYF will initiate the improvement process outlined in Attachment 3 Contract Monitoring, Compliance and Non -Compliance if the Contractor's Active Enrollment Caseload falls below 85% of the Maximum Service Capacity. o Policies and Procedures for Participant Enrollment, Disenrollment, Re -Enrollment, and Transfer: Contractor shall develop, maintain, and implement written policies and procedures that are consistent with and in alignment with NFP model fidelity. The written policies and procedures shall include, but not be limited to, the following: ■ Enrollment and Disenrollment: A description of the timeline and process for dis-enrolling families upon graduation as well as what measures are taken and the timeline when contact with a family is lost. If the program model allows for an alternative visit schedule, the Contractor must have documented procedures for how alternative visit schedules are determined and approved. Re -enrollment: A description of the process for responding to families who reapply for program participation to allow for re -enrollment in the program. Procedures should include an assessment of prior home visiting program participation, and upon re -enrolling, programs will have a system for determining if/how re -enrollment impacts timelines for program curriculum, assessment, and services as well as how families are re -oriented to the home visiting program. Programs should allow for re -enrolling families when eligible by model and when appropriate. Avoiding Dual Enrollment: A description of the processes to assess a family's prior and current participation in home visiting services upon application for enrollment. If a family is currently enrolled in an another HVSA funded program or model, in dialogue with the family, the Contractor's staff shall determine which program is most appropriate to meet the family's circumstances and the family will remain in the previous program or be seamlessly transitioned into the new program. It is the intent of the parties that if the family is meeting participation expectations in the originally enrolled program, enrollment should be maintained in the original program. When there is a clinical need or planned service transition for dual enrollment, Contractor will document this need in the client file and the plan for coordination of services. Contractor will develop and implement policies and procedures to seamlessly transfer enrolled families to alternate home visiting models if it best meets the interests and needs of the family and considers risks to disrupting an existing positive relationship between home visitor and family. When there are multiple HVSA funded contracted programs or models in the same service area, it is recommended that the Contractor develop a formal Contract Number: 18-1054-01 Printed Date: 6/29/2018 Page 9 of729 agreement with each program, such as a Memorandum of Understanding, to describe how the organizations will coordinate recruitment and enrollment of home visiting services. Home Visits Frequency and Content Frequency of Home Visits: The number of home visits delivered to family participants shall be based on the NFP program model requirements. If there are no model requirements, the Contractor shall develop with Thrive Washington a definition of "frequency". The Contractor shall provide DEL/DCYF a written definition of "frequency" after such definition has been developed. The definition shall be included with the materials submitted as part of the model fidelity letter submitted by the Contractor as described in Section 3.1. • As described in Attachment 4 the Contractor shall work towards adhering to the NFP model expected dosage; for 60% or more of the total enrolled families in the program, the Contractor shall complete 80% of the model expected home visits. Assessments, Service Content, and Referrals: The Contractor shall administer individualized assessments of participant families, and offer services in accordance with those assessments, family strengths and needs, and in compliance with the NFP model requirements. ■ Screenings: The Contractor shall administer screenings with the frequency consistent with fidelity to the NFP program model requirements, the HVSA Aligned Measures. ■ Referrals: The Contractor shall refer participants to services needed as identified by individual assessments and document referrals and results of referrals in the participants' files. Systems Connections Local Engagement and Collective Impact: The Contractor shall participate in local and early learning regional coalitions (ELRCs) and other initiatives to support, coordinate and build connections among local early childhood partners, early intervention, Early Supports for Infants and Toddlers, child welfare, economic support services and Community Prevention and Wellness Initiative. DEL/DCYF recommends Contractor develop Memoranda of Understanding with the Early Supports for Infants and Toddlers (ESIT) program, early intervention service providers, Early Childhood Education and Assistance Program, child welfare services, other non-HVSA home visiting programs and early learning providers within the service area. The intended purpose of the MOUs is to describe the role of each partner in service coordination, referrals, information sharing, and family transitions. Data Collection and Evaluation Requirements o Evaluation Purpose and Overview: The parties understand and agree that the HVSA data collection and evaluation requirements are designed to (1) inform the various stakeholders of home visiting in Washington State, (2) provide an understanding for how home visiting programs are working in Washington, and (3) describe how home visiting programs contribute to an early learning system that ensures all children start life with a solid foundation for success. The HVSA also reports to federal, state, and private funders the impacts of their investments. ■ While DEL/DCYF is the administrator of the HVSA, DEL/DCYF contracts with the Department of Health (DOH) to lead data collection, management, data sharing, quality assurance, reporting to support program quality and continuous quality improvement and overall HVSA evaluation efforts. DOH is. the DCYF-specified contractor for data management and reporting. o Data Collection: The Contractor shall collect data from all families, adults, and children enrolled in the home visiting program as described in this Section (Section 9). Such data collection shall comply with requirements set forth by the NFP model, DEL/DCYF and the HVSA as described in Attachment 4 Data Collection, Reporting and HVSA Aligned Measures and outlined below: • Performance Measures, defined in Attachment 4: • System and Program Performance Indicators; • Enrollment and Service Utilization; • Demographic Information; and • Performance Payment Measures. Contro() Number: 18-1054-01 Printed Date: 6/29/2018 Page 10 of 21 ■ Upon notification by DCYF, compliance with any changes in data collection expectations as required of DEL/DCYF from federal or state funding sources. o Data Management: The Contractor shall collect and input the home visiting data described in this Section 9 into the NFP — ETO/Penelope data collection system. The data shall be stored, maintained, and protected as described in Section 7 of Exhibit C General Terms and Conditions of this Contract. o Data Accuracy: The Contractor shall ensure that data collected represent accurately the experience of the home visiting participants, including the required screenings and assessments administered as designed. This includes assigning all clients a funding code as designated by DOH (see Section 9.6 for data sharing requirements). o Timely Data Collection: The Contractor shall comply with data collection timelines and the Performance Measures requirements described in Attachment 4. Data shall be entered into the NFP data collection system within five (5) business days of data collection. o Data Sharing: The Contractor, and all subcontractors delivering direct home visiting services, must share with DCYF's contractor of record, DOH, the data necessary to meet data collection requirements specified in Section 9.2. ■ Data Sharing Agreement (DSA): The Contractor, and all subcontractors delivering direct home visiting services, shall maintain an executed data sharing agreement with DOH to share confidential information, outreach, referral, enrollment, service utilization, program performance and staffing data as described in Section 9.2 to be effective throughout the term of the contract. The Contractor shall maintain documentation of execution of the data sharing agreement with DOH and submit any revisions to DEL/DCYF and written notice to the NFP NSO within 30 days. ■ Parental Consent: With consultation and support from DEL/DCYF and DOH, the Contractor will make every effort to seek Parental Consent to share Confidential Information with DOH throughout the entire term of the Contract; the Contractor shall seek this consent from all newly enrolled participants within the first three home visits. Sample consent form(s) are available on the Home Visiting page at DCYF.wa.gov. • Participants who do not provide consent to share confidential information remain eligible to receive home visiting services. • The Contractor shall share with DOH the consent status according to the process outlined in Attachment 4 no less than quarterly via Secure File Transfer (SFT). o Quality Assurance: The Contractor shall ensure that data provided to DOH is complete and accurate by using DOH Quality Assurance Reports of the Contractor's data completion to make corrections to data. ■ The Contractor shall respond within 10 business days of any request from DOH to resolve any errors or missing information for all data required in section 9.2. ■ The Contractor shall strive for less than five percent missing data of all data required in Section 9.2. ■ The Contractor shall review data reports prepared by DOH to facilitate reflection, quality assurance and program improvement efforts. Evaluation: The Contractor shall participate in and cooperate with HVSA, DEL/DCYF and DCYF-specified evaluations. This shall include responding to emerging and non -routine data and evaluation requests from HVSA funders and working with DEL/DCYF specified contractors. Evaluation activities shall include, but are not limited to, the following: ■ Interviews, focus groups, observations and surveys. ■ The Maternal, Infant Home Visiting Program Evaluation (MIHOPE), the Home Visiting Workforce Study and the evaluation required by the MIECHV Innovation Grant, which focuses on recruiting and retaining a high quality home visiting workforce and includes working with DEL/DCYF specified contractors, including but not limited to Portland State University and other vendors. ■ Completion of all documentation required by the research projects within the timeframes presented. Contract Number: 18-1054-01 Printed Date: 6/29/2018 Page 11 o&l Training and Technical Assistance on Data Collection and Evaluation: The Contractor shall participate in and cooperate with training and technical assistance related to the topics listed below. Such participation shall include in -person and remote meetings, staff training, technical assistance opportunities, and reviews of data, reports and organizational policies and procedures. DOH may support the Contractor in working towards and achieving contract milestones on topics including, but not limited to, the following: ■ Data collection; • Data sharing; • Reporting process; ■ Analysis and interpretation of data; • Quality assurance. Continuous Quality Improvement (CQI) o Purpose: The purpose of Continuous Quality Improvement (CQI) is to strengthen practice and improve outcomes for families engaged in home visiting services. CQI activities will be designed around home visiting teams' practices, utilize program data, and improve the program's quality and outcomes over time. CQI is prospective and inherently encourages testing new strategies that may not always produce desired results. Building CQI into regular practice may require the Contractor to assess overall organizational culture for quality. DEL/DCYF will not monitor the Contractor for CQI outcomes but rather for progress on implementing the CQI Team and Projects as outlined in this Section 10. Training and Technical Assistance: The Contractor shall participate in ongoing training and technical assistance associated with CQI including quarterly phone calls and topic specific group calls during each project period. DCYF-specified contractors providing this training and technical assistance include Thrive and DOH who will also support the Contractor on development measures, quarterly data reports for the selected CQI measures, and CQI Toolkit for use in implementing the CQI Projects. CQI Projects: The Contractor shall develop and implement at least two (2) CQI Projects during this contract term. The CQI Project periods are (1) July 1, 2018 through December 31, 2018 and (2) January 1, 2019 through June 30, 2019. Each CQI Project shall include the following: • CQI Team —The Contractor shall establish an internal CQI staff team to oversee, support, and implement CQI activities to assess program processes and outcomes; the CQI Team membership may change depending upon the focus of the CQI Project. ■ CQI Charter and Plan —At a minimum, the Contractor shall define and implement the project SMART Aim, CQI Team Members, and the initial project plan, as defined in Attachment 5 and available on the Home Visiting page at DCYF.wa.gov. • The Contractor shall submit CQI Charter and Project Plan for Project #1 no later than August 20, 2018 and for Project #2 no later than February 20, 2019 using the template described in Attachment 5 Continuous Quality Improvement and available on the Home Visiting page at DCYF.wa.gov. ■ Improvement Cycles— The Contractor shall implement at least two (2) Plan, Do, Study, Act (PDSA) cycles each project period. ■ CQI Topics —The Contractor shall utilize one of the following four topics for each CQI Project, unless otherwise approved by DCYF: • Maternal Depression Screening —completion of screening, referral and connection to appropriate services; • Intimate Partner Violence Screening —completion of screening, referral and/or connection to appropriate services; • Family Engagement —increasing length of participation or frequency of completed visits; • Child Developmental Screening —completion of screening using a validated tool, referral and connection to appropriate services; • Other Topic —To be approved by DCYF. • CQI Project Summary and Reflection— The Contractor shall report on project completion, changes tested, and reflect on lessons learned, as described in Attachment 5 and available Contr82 Number: 18-1054-01 Printed Date: 6/29/2018 Page 12 of 21 on the Home Visiting page at DCYF.wa.gov. The reports shall be submitted to DEL/DCYF as an attachment to the Quarterly Progress Reports due on or before the dates described below in Section 14; DEL/DCYF will share these reports with DOH and Thrive for review and feedback during the quarterly CQI calls. • The Contractor shall submit the CQI Project 1 PDSA Report no later than October 20, 2018 with the Quarter 1 Progress Report. • The Contractor shall submit the CQI Project 1 Summary and Reflection no later than January 20, 2019 with the Quarter 2 Progress Report. • The Contractor shall submit the CQI Project 2 PDSA Report no later than April 20, 2019 with the Quarter 3 Progress Report. • The Contractor shall submit the CQI Project 2 Summary and Reflection no later than July 20, 2019 with the Quarter 4 Progress Report. Technical Assistance o Technical Assistance (TA) is available to the Contractor to assist in maintaining model fidelity, implementing best practices, and assuring improving quality of home visiting service delivery. DEL/DCYF contracts with Thrive Washington (Thrive) to provide technical assistance for the HVSA. The Contractor shall work with DCYF's designated technical assistance provider for support in achieving contract milestones including, but not limited to, the following areas: ■ Program model fidelity as described by the NFP model developer and Section 3 of this Statement of Work; ■ Staff qualifications, and selection and onboarding of home visitors and supervisors; ■ Reflective supervision process; ■ Staff retention and vacancy planning; ■ Participant outreach, recruitment, enrollment and retention; ■ Model specific service delivery and case planning; ■ Leadership development and organizational support for home visiting model; and ■ CQI planning, implementation and analysis. Technical Assistance Plan: The Contractor shall work with the DCYF-specified contractor for technical assistance to complete a Self -Reflection Tool and develop a Technical Assistance Plan within the first three months of this Contract. ■ Technical Assistance and Coaching: The Contractor shall work with the DCYF-specified contractor for technical assistance to implement the Technical Assistance Plan throughout the duration of this Contract. ■ The Contractor shall participate in at least monthly one -hour Technical Assistance/Coaching calls and up to three (3) technical assistance site visits led by the DCYF-specified contractor for technical assistance. Budget and Financial o Program -Funding Specific Budget: The Contractor understands and agrees that funds provided under this Contract, with the exception of Performance Payment Awards described in Section 12.6 below, shall be expended by June 30, 2019 as specifically itemized line by line in Exhibit B Budget. Any requests for shifts between categories (pay points of the budget) must receive prior written approval from DEL/DCYF, and transfers across expense categories (pay points of the budget) in excess of 10% of the total for each funding source will not be made without prior written approval from DEL/DCYF and require a contract amendment. o Financial Management: The Contractor must maintain a financial management system with written policies and procedures ensuring strong internal controls. Written policies and procedures include, but are not limited to: accounts payable, payroll, procurements, subrecipients/subcontractors, and equipment inventory processes. The Contractor shall make such policies and procedures available to DEL/DCYF upon request. Contract Number: 18-1054-01 Printed Date: 6/29/2018 Page 13 o8U o Supplantation: The Contractor shall ensure that HVSA funds received under this contract will be used to supplement and not supplant the amount of federal, state, and local funds otherwise expended for work performed under this Contract. o Travel: The Contractor shall receive compensation only for lodging, per diem, and meal expenses at current state travel reimbursement rates and in accordance with the State of Washington Office of Financial Management Travel Regulations. Current rates for travel may be accessed at: http://Www.ofm.wa.pov/resources/trave/.asp. When the lowest available lodging rate exceeds the current state travel reimbursement rates, an exception may be made when pre -approved in writing by Contractor's fiscal authority, documented, and available for review. Travelers must be prudent when planning and conducting essential business travel, ensuring they select travel alternatives that are the most economical. Appropriate planning must take place to avoid unnecessary travel in the performance of work assignments, seeking alternatives such as teleconference calls, video and web collaboration, and conferencing. Contractor's travel policy is subject to review during ongoing or in-depth fiscal monitoring. o Indirect Costs: The Contractor may either claim the indirect rate negotiated with its cognizant federal agency, also known as the federally approved cost allocation plan, or an indirect rate that does not exceed 10% of modified total direct costs. ■ If claiming the federally negotiated rate, the Contractor must supply, preferably via email, the documentation verifying the federally approved rate. The Contractor's indirect rate plan and procedure are subject to review during ongoing or in-depth fiscal monitoring. ■ The Contractor's indirect cost plan must comply with the CFR part 200.56.57 and 200,414 Certification of cost allocation plan or indirect (facilities & administrative (F&A)) cost rate proposal. The CFR can be found at the following link: Electronic Code of Federal Regulations. Performance Payment Awards: During the term of this contract, the Contractor will receive an additional monetary award in accordance with the table in Section 12.6.6 for achievement of the Performance Milestones described in this Section. ■ DEL/DCYF will review data provided by the Contractor and DOH to confirm achievement of the milestones described in this Section prior to issuance of any Performance Payment Award. ■ Quarterly Home Visiting Enrollment Performance Milestone: DEL/DCYF will award the Contractor a Performance Payment Award upon the fulfillment of the following milestone: • The Contractor maintains an average Active Enrollment Caseload of 85% or greater of their Maximum Service Capacity during the quarter, as measured by the average of the number of families actively enrolled on the 15th of Month 1, Month 2 and Month 3 of the quarter divided by the Maximum Service Capacity (total number of possible families as defined in Section 6.3). ■ Quarterly Home Visiting Dosage Performance Milestone: DEL/DCYF will award the Contractor a Performance Payment Award upon the fulfillment of the following milestone: • Among at least 60% of the total enrolled families, the Contractor completes at least 80% of the expected number of home visits, using the HVSA Model Expected Dosage defined in Attachment 4. ■ Annual Depression Screening and Follow-up Performance Milestones: DEL/DCYF will award the Contractor a Performance Payment Award upon the fulfillment of either one or both of the following milestones: Depression Screening Annual Performance Milestone: The Contractor's performance on HVSA Performance Measure 2 Depression Screening defined in Attachment 4: Contractor completion of a depression screening for a participating primary caregiver using an approved, validated tool within 90 calendar days postpartum (if enrolled prenatally) or 90 calendar days after enrollment (if enrolled postnatally). Contr84 Number: 18-1054-01 Printed Date: 6/29/2018 Page 14 of 21 DEL/DCYF will award $20 for each screening using the above criteria, up to a maximum of $1040 annually for this Performance Milestone, or the equivalent of $20 multiplied by 100% of the Contractor's Maximum Service Capacity (as described in Section 6.3). • Follow -Up to Positive Depression Screening Annual Performance Milestone: The Contractor's performance on appropriate follow-up to Depression Screening: Contractor follow- up with a referral to or connection with appropriate services for a participating primary caregiver who screened positive for depression using the criteria in Section 12.6.4.1 above. DEL/DCYF will award the Contractor $20 for each participant who received follow-up as defined above, up to a maximum of $364 annually for this Performance Milestone, or the equivalent of $20 multiplied by 35% of the Maximum Service Capacity of this Contract. ■ After assessment and approval from DCYF, the Contractor may invoice for payment biannually for the enrollment and dosage performance milestones, defined in 12.6.2 and 12.6.3, respectively: performance in Quarters 1 and 2 to be invoiced following Quarter 2, and performance in Quarters 3 and 4 to be invoiced following Quarter 4. After assessment and approval from DCYF, the Contractor may invoice for payment annually for the caregiver depression screening and follow-up performance milestones, defined in 12.6.4; performance in Quarters 1 through 4 to be invoiced following Quarter 4. ■ DEL/DCYF will allocate the performance awards according to tiers in the following table: Enrollment and Dosage Performance Awards will be based on performance level and the Contractor's Maximum Enrollment Capacity, as defined in Section 6.3 of this Contract; the Caregiver Depression Screening and Follow -Up Performance Awards will be based on the number of caregivers receiving the screening and/or follow-up. Maximum Total Quarterly Award Total Quarterly Award Award Per Caregiver Enrollment Enrollment Performance Dosage Performance Maternal Depression Screening/Follow-Up Capacity of (12.6.2): (12.6.3): Performance (12.6.4): Contractor (6.3) 85 to 89% 90% or 60 to 69% 70% or Screening Follow -Up more more 49 or fewer $250 $500 $250 $500 $20 $20 Between 50 and 99 $350 $650 $350 $650 $20 $20 100 or more $450 $800 $450 $800 $20 $20 ■ Contractor must use the funds received from these Performance Payment Awards towards advancing the goals of the home visiting program in this Contract. Financial Reporting and Documentation: ■ The Contractor shall submit at least monthly, but not more often than semi-monthly, a properly completed A-19 Voucher accompanied by the following documentation of the actual expenses incurred during that period: • Monthly or Semi-monthly Expense Summary by fund source (e.g. State) as produced by Contractor's accounting system and clearly detailing expenses incurred for each Pay Point in that period's A-19 Voucher; • Contractor's Monthly or Semi-monthly Payroll Summary by fund source (e.g. State) describing reimbursed hours for each staff person paid under the contract for that period; and • Documentation supporting all single expenses exceeding $5,000 by fund source (e.g. State). ■ Payment shall be based upon approval of financial expenditures using the billing submission procedure outlined in this contract, with the total payment not to exceed what is set forth in Exhibit B Budget. Contract Number: 18-1054-01 Printed Date: 6/29/2018 Page 15 o$fj1 ■ In -Depth Financial Review: DEL/DCYF will conduct an annual in-depth financial review of the Contractor's expenditures charged to the Contract. In preparation for the Annual Site Visit, the Contractor shall provide to DEL/DCYF upon request the financial documents listed below. Based upon this review, if questions arise, DEL/DCYF may request additional data and documentation. • Contractor's most recent Annual Financial Audit, Single or Program -Specific Audit, as applicable • Contractor's most recently submitted IRS Form 990; • General Ledger activity detail of all expenditures allocated to this Contract incurred within the dates to be determined and in agreement with A-19 invoices submitted to DCYF. Detail will be defined by DEL/DCYF and will include indirect costs, accounts payable transactions, and time and effort transactions; • Contractor's Indirect Cost Allocation Plan or Indirect Cost Proposal, or Indirect Rate Agreement, whichever is applicable; • Chart of Accounts; • Other detailed supporting financial documentation upon request -such as employee time sheets, travel and major expense documentation -to be further defined by DCYF. Publicity, Publication and Acknowledgements o DEL/DCYF may include information on this Contract in their periodic public reports and may make information about this Contract public at any time in their web pages and as part of press releases, public reports, speeches, newsletters, and other public documents related to the Contract or the HVSA. DEL/DCYF must comply with Washington State public disclosure law (Chapter 42.56 RCW) and with regulations set forth in HIPAA and FERPA. ■ If the Contractor wishes to issue a press release or public report announcing this Contract, or otherwise use DCYF's name or logo for purposes related to this Contract, the Contractor shall contact the DEL/DCYF Contract Manager, identified on page 1 of this Contract at least five (5) business days before the desired announcement or publication date to obtain prior approval. ■ For all press releases or public reports approved by DCYF, the Contractor shall include the name and logo of DEL/DCYF and that the project is funded by the State of Washington, Washington Department of Children Youth and Families and Home Visiting Services Account. Contract Reporting, Monitoring, and Deliverables o Any mention of quarters one through four referenced in this document are defined as: • Quarter 1 — July 1, 2018 to September 30, 2018 ■ Quarter 2 — October 1, 2018 to December 31, 2018 ■ Quarter 3 — January 1, 2019 to March 31, 2019 ■ Quarter 4 — April 1, 2019 to June 30, 2019 o Reporting: The Contractor shall submit program and expense reports, as well as perform all other requirements outlined in this Statement of Work, on or before the dates indicated in table 14.5 below. Due dates may be adjusted atthe discretion and approval of the DEL/DCYF Contract Manager to accommodate the variable reporting structures associated with federal funding requirements. DEL/DCYF reserves the right to aggregate, disaggregate, analyze, reproduce, and/or disseminate the data provided in Program Reports, Financial Activity Reports, or any other reports submitted to DEL/DCYF with respect to the Contract. ■ While funding for this Contract ends June 30, 2019, deliverables describing services rendered in the months of the Contract term will be due no later than July 31, 2019 and will be submitted at no additional cost to DCYF. Contiala Number: 18-1054-01 Printed Date: 6/29/2018 Page 16 of 21 o Monitoring: As described in Attachment 3 of this Contract, DEL/DCYF will monitor compliance with contract requirements, model standing, progress toward completion of deliverables, enrollment performance, and financial activity through review of submitted reports, meetings, phone calls and other communication with the Contractor. The Contractor shall provide a right of access to its facilities to DCYF, personnel authorized by DCYF, or to any other authorized agent or official of the State of Washington or the federal government at all reasonable times in order to monitor and evaluate performance, compliance, and/or quality assurance under this Contract. DEL/DCYF will work with Contractor to determine a mutually acceptable date. • Monitoring activities may include, but not be limited to: site visits to review records, observe implementation of services, or follow up on compliance issues. • If DEL/DCYF (a) encounters non-compliance with the terms outlined in this Contract on the part of Contractor, or (b) is not satisfied, in its sole discretion, with the quality of Contractor's work, DEL/DCYF will make a reasonable attempt to assist Contractor with technical assistance to resolve issues that impede quality and compliance. In the event that compliance and/or quality issues are not resolved through standard technical assistance, Contractor will be engaged in corrective action through Implementation Improvement processes, as outlined in Attachment 3. Any program with prior compliance or improvement issues, including Implementation Improvement Status and Implementation Improvement Plans, shall continue until resolved and approved by DCYF. Summary of Deliverables and Timelines ■ Monthly Enrollment Reports: The Contractor shall submit Monthly Enrollment Data Reports no later than the 201h day following the month of service using the template provided by DEL/DCYF as described in Attachment 6 Monthly Enrollment Report; ■ Invoices: As described in Section 12.8, the Contractor shall submit A-19 invoices for expenditures accompanied by the financial documentation. ■ Quarterly Progress Reports: The Contractor shall submit four (4) Quarterly Progress Reports using the template to be provided by DEL/DCYF and described in Attachment 7, to include the CQI Reports described in Attachment 5. The Contractor shall submit this report each quarter no later than the 20th day following the quarter of service. ■ Self -Reflection Tool: The Contractor shall submit the Self -Reflection Tool no later than September 20, 2018 using the template provided by Thrive. ■ Annual Pre -Contract Questionnaire: The Contractor shall complete and submit the FY20 HVSA Pre -Contract Questionnaire and FY20 Proposed Budget by March 30, 2019 using the template to be provided by DCYF. o Timeline of Reports and Submissions: The table below outlines the reporting and submissions timeline for deliverables presented in this Statement of Work according to the month of submission. • Some expectations associated with this Contract, including attendance at the HVSA Semi -Annual Statewide Meetings and Supervisor Meetings are not included in this table as the dates of these events will be determined after contract execution. • If due dates occur on a weekend or holiday, the Contractor shall submit the report before 8am of the following business day. Contract Number: 18-1054-01 Printed Date: 6/29/2018 Page 17 o8:F Table 14.5 Report Time Table July 2018 July 10 (to DOH): FY18 Q4 Consenting Clients to DOH Jul June 2018 Monthly Enrollment Report FY18 Q4 Quarterly Progress Report (April to June) including: CQI Q4 Report Current Insurance Certificate Renewal* Confidentiality and Non- Disclosure Agreement for new employees** July 30: June 2018 Monthly Invoice Executed DSA with DOH, if amended Documented approval of DSA with DOH submitted to NFP National Service Office October 2018 October 8 (to DOM: September Consenting Clients to DOH September 2018 Monthly Enrollment Report Q1 Quarterly Progress Report (July to September) including CQI Project 1 PDSA Report October 30: September 2018 Monthly Invoice August 2018 Auqust 8: July Consenting Clients to DOH August 20: July 2018 Monthly Enrollment Report CQI Charter and Project 1 Plan August 30: July 2018 Monthly Invoice September 2018 September 11: August Consenting Clients to DOH September 20.- August 2018 Monthly Enrollment Report Self -Reflection Tool (submitted to Thrive) September 30: August 2018 Monthly Invoice November 2018 November 8: October Consenting Clients to DOH October 2018 Monthly Enrollment Report November 30.- October 2018 Monthly Invoice December 2018 December 10: November Consenting Clients to DOH December 20: November 2018 Monthly Enrollment Report December 30.- November 2018 Monthly Invoice Conti$t Number: 18-1054-01 Printed Date: 6/29/2018 Page 18 of 21 January 2019 February 2019 January 9 (to DOH). - December Consenting Clients to DOH January 201 December 2018 Monthly Enrollment Report Q2 Quarterly Progress Report (October to December) including Model Fidelity Letter CQI Project 1 Summary and Reflection January 30: December 2018 Monthly Invoice April 2019 April 8 (to DOH): March Consenting Clients to DOH April 20: March 2019 Monthly Enrollment Report Q3 Quarterly Progress Report (January to March) including CQI Project 2 PDSA Report April 30: March 2019 Monthly Invoice July 2019 July 10 (to DOH): June Consenting Clients to DOH July 20: June 2019 Monthly Enrollment Report Q4 Quarterly Progress Report (April to June) including CQI Project 2 Summary and Reflection July 30: June 2019 Monthly Invoice Certification of Data Disposition for programs ending*** February 8: January Consenting Clients to DOH February20: January 2019 Monthly Enrollment Report CQI Charter and Project 2 Plan February28: January 2019 Monthly Invoice March 2019 March 8: February Consenting Clients to DOH March 20.- February 2019 Monthly Enrollment Report March 30: February 2019 Monthly Invoice FY20 Pre Contract Questionnaire and Bud May 2019 May 8: April Consenting Clients to DOH May 20: April 2019 Monthly Enrollment Report May 30: April 2019 Monthlv Invoice June 2019 June 10: May Consenting Clients to DOH June 20: May 2019 Monthly Enrollment Report fi- In- 2019 Monthlv Invoice *Updated Insurance Certificate must be submitted when the insurance policy is renewed. **Updated Statement of Confidentiality and Non -Disclosure must be submitted for any new employees, agents, or subcontractors with access to confidential or personal information relating to this contract. ***Data Disposition to be submitted with closure of contract. Contract Number: 18-1054-01 Printed Date: 6/29/2018 Page 19 Early Learning DEL Contract Number: 18-1054-01 Contractor Contract Number: Title: Home Visiting Services Account: Nurse Family Partnership (NFP) Amended Exhibit B - BUDGET Amendment #1 Budget for State Fiscal Year 2018 (July 1 2017 - June 30 2018): See original contract package for budget detail. Total: $335,525.81 Budget for State Fiscal Year 2019 (July 12018 - June 30 2019): Payment Point Budget Limit Note 1. 502State- Personnel $247,384.00 2. 502State - Goods $17,386.46 and Services 3. 502State - Travel $2,540.00 4. 502State - $8,892.00 Contracted/ Professional Services 5. 502State - $55,323.35 Administrative/ Indirect Charges 6. GenFundState- $0.00 Personnel 7. GenFundState - $2,136.07 Goods and Services 8. GenFundState - $6,150.00 Travel 9. GenFundState - $0.00 Contracted/ Professional Services 10. GenFundState - $1,659.70 Administrative/ Indirect Charges 11. HVSA - $6,604.00 Performance Pay Total: $348,075.58 Contract Maximum: $683,601.39 Contract Funding Source(s) State Funds $683,601.39 ContQQ Number: 18-1054-01 Printed Date: 6/29/2018 Page 20 of 21 Early Learning DEL Contract Number: 18-1054-01 Contractor Contract Number: Title: Home Visiting Services Account: Nurse Family Partnership (NFP) Amended Exhibit D - DELIVERABLES Amendment #1 When the Due Date falls on a weekend or holiday, the deliverable must be received by the working day prior to the Due Date. State Fiscal Year 2019 (July 1 2018 - June 30 2019) # Deliverable Title, Due Note, Description 1.01 Quarterly Progress Report # Deliverable Title, Due Note, Description 1.02 Quarterly Progress Report # Deliverable Title, Due Note, Description 1.03 Quarterly Progress Report # Deliverable Title, Due Note, Description 1.04 Quarterly Progress Report # Deliverable Title, Due Note, Description 1.05 Quarterly Progress Report # Deliverable Title, Due Note, Description 2.00 FY20 Pre Contract Questionnaire and Budget Due Date Jul 20, 2018 Due Date Oct 20, 2018 Due Date Jan 20, 2019 Due Date Apr 20, 2019 Due Date Jul 20, 2019 Due Date Mar 30, 2019 Contract Number: 18-1054-01 Printed Date: 6/29/2018 Page 21 c1@)41 1. Program Reporting and Documentation 1.1. Reporting: The Contractor shall submit reports using the templates and according to the schedule outlined in Section 14 of Exhibit A Statement of Work of this contract. 1.2. Additional Documentation: The Contractor shall maintain the following information and documentation, keeping it current on a monthly basis. At a minimum, DEL/DCYF may request this information for review at the annual DEL/DCYF Site Visit, including: 1.2.1. Staff Training Records demonstrating compliance with HVSA and model requirements; 1.2.2. TA Self Reflection and TA Plan; 1.2.3. CQI Charter, Project Plans for Projects 1 and 2 and CQI Quarter Reports for Quarters 1 through 4 using templates in Attachment 5; 1.2.4. Memoranda of Understanding with community providers related to referrals or coordination of Home Visiting Services 1.2.5. If funded with DSHS/TANF dollars, information on TANF families served by homeless service providers, PE Pathways and Other including number of families served; name of family members receiving services (primary caregiver and target child); individual client identifiers, such as date of birth; and dates of service (by month including enrollment and exit dates). 1.3. Site Visits: The Contractor shall cooperate with up to eight (8) scheduled site visits conducted for monitoring program and fiscal compliance, contractual and reporting requirements, organizational due diligence, HVSA evaluation and data collection, quality implementation technical assistance, and continuous quality improvement. 1.3.1. Document Preparation: The Contractor shall assemble documents listed above, financial information detailed in Section 12 of Exhibit A Statement of Work, and any additional information requested by DEL/DCYF in advance of the scheduled site visit. 1.3.2. During the Site Visits, the Contractor shall allow access to DEL/DCYF, upon request, documentation demonstrating accomplishments of this Agreement. Such documentation may include, but is not limited to: 1.3.2.1. Services Provided, Service Dates, and Number of Service Hours, including Case Files of Participants; 1.3.2.2. Attendance Sheets and Service Logs; 1.3.2.3. Data Collection and Assessments by Participants; 1.3.2.4. Demographic Information of Participants; 1.3.2.5. Personnel records of those staff employed through funds under this contract; and 1.3.2.6. Policy and procedures documents as related to implementation of this contract including, but not limited to, agency, human resources, and financial policies and procedures. FY2019 Attachment 3: Contract Monitoring, Compliance and Non -Compliance 92 2. Contract Monitoring: The Contractor shall ensure all compliance with all Contract requirements described in Exhibit A Statement of Work of this Contract. Failure to comply with or submit timely and complete materials related to the Contract requirements may result in withheld or delayed payments. DEL/DCYF will monitor Contractor compliance with Contract requirements, model standing, implementation progress, enrollment performance and financial activity through review of the following: 2.1. Submitted reports, invoices and documents, as detailed above and in Section 14 of Exhibit A Statement of Work Compliance with Contract requirements. 2.2. Model Fidelity: Affiliate status from the <program model> National Service Office/Indicators of model fidelity established by the DEL/DCYF-authorized provider of technical assistance demonstrating Contractor's good standing and/or active ready to implement status. 2.2.1. If the Contractor does not sustain fidelity throughout the Contract Term, DEL/DCYF will conduct a joint due diligence review of the of the Contractor's model fidelity status in coordination with its designated contractor for technical assistance; and then DEL/DCYF may, upon written notification to the Contractor, terminate this Contract. 2.2.2. Achieving Model Standing: If Contractor does not have affiliate in good standing and/or active ready to implement status as of the Start Date of this Contract, the Contractor must obtain such status within 90 days of the Start Date. If the Contractor does not obtain such status within 90 days of the Start Date of this Contract, then DEL/DCYF may, at its discretion and upon written notice to the Contractor, terminate this Contract. 2.3. Implementation Progress: The DEL/DCYF Contract Manager will review monthly budget/financial documentation and quarterly Contractor activities and progress toward completion of the required program elements described in Exhibit A Statement of Work: 2.3.1. Staffing, Supervision, and Training, 2.3.2. Service Area and Recruitment of Priority Populations 2.3.3. Participant Enrollment, Retention and Caseload Maintenance 2.3.4. Home Visit Frequency and Content 2.3.5. If funded with DSHS/TANF dollars, Systems Connections including Contractor relationships with local DSHS Community Service Offices and reporting participants' program enrollment and exit in eJas 2.3.6. Data Collection and Evaluation Requirements 2.3.7. Continuous Quality Improvement Activities 2.3.8. Quality Improvement Technical Assistance 2.3.9. Financial activity and documentation aligned with Contract budget 2.3.10. Delay in meeting two or more of the category areas above and/or non-compliance related to financial activity during a quarter, will result in Contractor's transition to Implementation Improvement Status. 2.4. Enrollment Performance: On a quarterly basis, DEL/DCYF will review the Contractor's enrollment performance for the following measure: Throughout the duration of this contract, Contractor shall maintain a minimum Active Enrollment Caseload (as defined in Section 6 of Exhibit A Statement of Work) equivalent to or greater than 85% of the Contractor's Maximum Service Capacity. Attachment 3: Contract Monitoring, Compliance and Non -Compliance 93 2.4.1. Start -Up Programs: DEL/DCYF identifies Contractors receiving first year HVSA funding are considered as Start -Up Programs. Exhibit A Statement of Work of this Contract specifies enrollment rates over the term of the contract to reach full enrollment caseload. Progress in meeting enrollment toward building full caseload will be reviewed on a monthly basis. If the Start -Up Program does not meet enrollment in accordance with the timeline specified in Exhibit A Statement of Work, DEL/DCYF will inform Contractor of enrollment status and may transition Contractor to Implementation Improvement Status for additional contract monitoring and technical assistance focused on supporting improvement in Contractor's enrollment. 2.4.2. Continuing Programs: DEL/DCYF identifies Contractors receiving second year or beyond of HVSA funding as Continuing Programs. 2.4.2.1. If a Continuing Program's minimum Active Enrollment Caseload is between 75% and 84% of the Contractor's Maximum Service Capacity for one quarter DEL/DCYF will inform Contractor with written notification of the low enrollment status and Contractor shall participate in a follow-up call with DEL/DCYF to discuss barriers and strategies for increasing enrollment. If during the subsequent quarter the Contractor does not demonstrate continuous positive improvement of active enrollment and at least the final month of the quarter with enrollment at or above 85% of the Contractor's Maximum Service Capacity, DEL/DCYF may transition Contractor to Implementation Improvement Status for additional contract monitoring and technical assistance focused on supporting improvement in Contractor's enrollment. 2.4.2.2. If a Continuing Program Minimum Active Enrollment Caseload is below 75% of the Contractor's Maximum Service Capacity for one quarter, DEL/DCYF will transition Contractor to Implementation Improvement Status for additional contract monitoring and technical assistance focused on supporting improvement in Contractor's enrollment. 3. Implementation Improvement Status, Non -Compliant Status and Non -Compliant Courses of Action 3.1. Implementation Improvement Status: If transitioned to Implementation Improvement Status by DEL/DCYF, the Contractor shall participate in the steps outlined below: 3.1.1. Within 30 days of written notification by DEL/DCYF, the Contractor shall complete the Self -Assessment provided by DEL/DCYF which may address, but is not limited to the following: model fidelity, implementation progress, financial activity, and/or enrollment performance in need of improvement, and other issues of compliance with contract requirements. 3.1.2. Within 45 days of written notification by DEL/DCYF, the Contractor shall participate in Implementation Improvement Meeting(s) with DEL/DCYF staff to discuss the Self - Assessment; gather information and feedback from Contractor; share and review DOH program data and other available program data; and review other information related to areas in need of improvement which may be used to inform the development of an Implementation Improvement Plan. This meeting may include other DEL/DCYF contractors of technical assistance (Thrive) and data management and reporting (DOH). 3.1.3. Within 30 days of the Implementation Improvement Meeting, the Contractor shall prepare a written Implementation Improvement Plan approved by DEL/DCYF. The Plan shall: Attachment 3: Contract Monitoring, Compliance and Non -Compliance E 3.1.3.1. Cite and describe the Contractor's specific area(s) in need of improvement including, but not limited to: model fidelity, implementation progress, financial activity, and/or enrollment performance in need of improvement. For the specified area(s) in need of improvement the Plan shall provide metrics or benchmarks to serve as indicators of satisfactory improvement. 3.1.3.2. Identify corrective action items and/or steps the Contractor shall comply with to address cited areas in need of improvement. The plan shall also identify technical assistance and/or other supports designated to be made available to Contractor by DEL/DCYF to assist Contractor in achieving satisfactory improvement. 3.1.3.3. Outline a timeline for the completion of the Implementation Improvement Plan by the Contractor. 3.1.4. If satisfactory improvement in the specific area(s) indicated in Plan is met by the Contractor within the timeline for completion of the Plan, DEL/DCYF will transition the Contractor off Implementation Improvement Status. DEL/DCYF will provide the Contractor written notice of this transition once it has determined satisfactory improvement has been met following the timeline for completion of the Implementation Improvement Plan. 3.1.5. If satisfactory improvement in the specific area(s) indicated in the Plan within the timeline for completion of the Plan is not met by the Contractor, DEL/DCYF may transition the Contractor out of Implementation Improvement Status into Non - Compliant Status. DEL/DCYF will provide the Contractor written notice of this transition once it has determined satisfactory improvement has not been met within the timeline for completion of the Implementation Improvement Plan. 3.2. Non -Compliant Status: If DEL/DCYF transitions the Contractor to Non -Compliant Status, the Contractor shall participate in the steps outlined below, within 14 days of written notification from DCYF, or within an extended, alternate timeline with written approved by DEL/DCYF: 3.2.1. Participate in Non -Compliant Status meeting(s) with DEL/DCYF staff to: 3.2.1.1. Review the Contractor's Implementation Improvement Plan and discuss progress made and barriers encountered during the Plan's implementation including technical assistance and/or other supports designated to be made available to the Contractor by DEL/DCYF. 3.2.1.2. Identify and review the Contractor's contractual requirements and areas of contractual non-compliance. 3.2.1.3. Discuss Non -Compliant Courses of Action. 3.3. Non -Compliant Course(s) of Action. Within 14 days of the last Non -Compliant Status meeting DEL/DCYF will issue the Contractor a written Non -Compliant Course(s) of Action. The written Non -Compliant Course(s) of Action shall include one or more of the four Non -Compliant Course(s) of action listed below: 3.3.1. Continuation of Implementation Improvement Plan: DEL/DCYF may propose to modify and/or extend the Contractor's Implementation Improvement Plan for up to an additional 3 month period to meet specific area(s) cited in need of improvement. 3.3.2. Suspension of Payment: DEL/DCYF may suspend payment of all or part of Contract funds until satisfactory contract compliance is met. 3.3.3. Reduction in Maximum Contract Total: DEL/DCYF may amend this contract to reduce the Contractor's maximum contract total: 3.3.3.1. To reflect the amended Implementation Plan scope negotiated between DEL/DCYF and the Contractor based on Contractor's cost per family served and other related factors and, Attachment 3: Contract Monitoring, Compliance and Non -Compliance 95 3.3.3.2. If feasible and in compliance with HVSA and DEL/DCYF funding requirements, contractual requirements, and approval processes, including Home Visiting Model Developer program requirements. 3.3.4. Early Contract Termination: DEL/DCYF may terminate this contract prior to the end of the Term if satisfactory contract compliance is not met by the Contractor in the implementation of Contractor's Implementation Improvement Plan, and/or if the Contractor is not able to or is not cooperative in development and implementation of the Implementation Improvement Plan. 3.3.5. Notice: The written Non -Compliant Course(s) of Action shall become effective a minimum of 30 days after the delivery of the written Non -Compliant Course(s) of Action to Contractor. Attachment 3: Contract Monitoring, Compliance and Non -Compliance •M �A � � , ,nMeasures, 1�a9ng1 1. Data Sharing 1.1 Required elements of the Data Sharing Agreement (DSA) with Department of Health (DOH): The Contractor will work with DOH to establish data sharing agreements according to the timelines set forth within Exhibit A, Statement of Work. The data sharing agreement shall outline specifications of the data use and data sharing to implement required reporting, evaluation and quality assurance or improvement activities. The data sharing agreement shall minimally: 1.2.1 Allow DOH access to client and program data as outlined below in section 4.0. 1.2.2 When parental consent is provided, 1.2.2.1 Allow DOH access to confidential information; 1.2.2.2 Allow DOH to share confidential information with DEL/DCYF; and 1.2.2.3 Allow DOH to share confidential information with other Washington State agencies, including, but not limited to, the Office of Research and Data Analysis (RDA) housed within DSHS to conduct administrative match from families in Home Visiting and Child Protective Services (CPS) programs. 1.2. National Service Office Permissions for data sharing: 1.2.1 DEL/DCYF will work with NFP National Service Office to secure an approved template for NFP programs to authorize the national service office to share data with DOH. The Contractor shall send authorization using the approved template to the NFP National Service Office by July 31, 2018. 2.0 Data Collection Process and Schedule 2.1 The Contractor shall collect all of the data outlined in section 4 of this attachment for all enrolled participants according to the guidelines and requirements outlined in the HVSA Data Manual. The Contractor shall record data in the model specific database within five (5) business days of data collection. The Contractor shall provide data as outlined in the Data Sharing Agreement executed with DOH. Data will be provided to the Department of Health directly from National Service Office on a monthly basis. 3.0 Parental Consent 3.1. The Contractor will make every effort to seek Parental Consent to share confidential information with DOH during the contract period; the Contractor shall seek this consent from all newly enrolled participants within the first three home visits. Consent form(s) are available on the Home Visiting page at DEL/DCYF.wa.gov. 3.2. Parental Consents for voluntary services and data sharing may be combined. HVSA19 Att4 Data Collection Reporting Align Meas NFP,notTANF not MIECHV Data Collection, Reporting and HVSA Aligned Measures, Evidence Based: NFP state 1 97 3.3. Participants who do not provide consent to share confidential information remain eligible to receive home visiting services. 3.4. For those participants who do not consent to share confidential information, the Contractor shall deliver to DOH all client level, non -confidential data to meet the reporting requirements listed below for each client served. 3.5 For those participants who consent to share confidential information, the Contractor shall send to DOH the list of participants by client ID and their consent status (e.g., Yes or No) on at least a monthly basis and no later than 6 business days after the close of the prior month. 3.6. The Contractor will maintain consent forms on file for all participants enrolled in home visiting services in both physical files and electronically in model data system, if applicable. Upon request, the Contractor will provide to DEL/DCYF a copy of the consent form used. 4.0 HVSA Aligned Performance Measures 4.1 HVSA Aligned Measures: As outlined in statement of work, the Contractor will collect data for all enrolled HVSA families that meets model requirements and the DEL/DCYF definitions outlined in Table 4.1.1-4.1.5, using the guidance and processes outlined in the HVSA Data Manual. DOH will work with the Contractor to review data collection and reporting to support Contractor quality assurance. Of note, primary caregivers, caregiver and clients are used interchangeably with the same intent. 4.1.1 HVSA Aligned Measures: System and Program Performance Indicators: The Contractor shall collect and share data for all measures for participating caregivers and children as outlined in Table 4.1.1. 4.1.2. Enrollment and Service Utilization: The Contractor shall collect and share data on all enrollment and service utilization measures outlined for participating caregivers and children. 4.1.3 Demographic Information: The Contractor shall collect and share data for all demographic information outlined for participating caregivers and children. 4.1.4. Performance Payment Awards Performance Payment Measures: The Contractor shall review data reports from DOH to substantiate Performance Payment Measures as described in Table 4.1.4. 4.1.5. HVSA Dosage and Home Visiting Definitions: Table 4.1.5 describes the model -expected dosage requirements and the HVSA expected dosage definition for determination of Performance Payment Awards, alongside the home visit definitions. 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The CQI Team membership may change depending upon the focus of the CQI Project 1.2 CQI Projects: The Contractor agrees to develop and implement at least two CQI Projects using the CQI Plan and Charter Template in this attachment. 1.2.1 CQI Charter and Project Plan (Project #1): Due August 20, 2018 1.2.2 CQI Charter and Project Plan (Project #2): Due February 20, 2019 1.3 CQI Project Summary and Reflection: The Contractor agrees to report on CQI Projects using the Quarterly Report templates in this attachment. 1.3.1 CQI Project 1 PDSA Report: Due October 20, 2018 (Quarter 1 Report) 1.3.2 CQI Project 1 Summary and Reflection: Due January 20, 2019 (Quarter 2 Report) 1.3.3 CQI Project 2 PDSA Report: Due April 20, 2019 (Quarter 3 Report) 1.3.4 CQI Project 2 Summary and Reflection: Due July 20, 2019 (Quarter 4 Report) HVSA19 Att5 Continuous Quality Improvement 1 105 CQI Charter and Project Plan (Project 1 due August. 20, 2018 and Project 2 due February 20, 2019) Program Name, Model Project Period ❑ Period 1 (July — December 2018) ❑ Period 2 (January —June 2019) ❑ Caregiver Depression Screening/Referral ElIntimate Partner Violence Screening/Referral CQI Project Topic ❑ Child Developmental Screening/Referral ❑ Family Engagement Opportunity for Change - Why is this important? CQI Team Team Sponsor (Champion) Team Leader Team Members 1. 2. 3. 4. 5. 6. Team Structure: How often will your team meet? Who is responsible for convening team meetings? CQI SMART Aim SMART Aim Statement (Specific, Measuroble, Achievable, Relevant, Time -bound) Example: BY..(dateL we will improve (focus area) from baseline to (goal/target), in order to (outcome of improvement). By When (project end date): Achieve What (baseline and target): For Whom (who is impacted by improvement): How will you measure success? (Indicators/Measures) What indicator/variable will you measure? Plan for tracking/collecting data? Considerations What barriers to improvement may need to be addressed? What questions would you like to answer through this process? FY2019 Attachment 5 Continuous Quality Improvement 106 CQI PDSA Report (Quarter 1 due October 20, 2018 and Quarter 3 due April 20, 2019) Program Name, Model Project Period ❑ Period 1 (July — December 2018) ❑ Period 2 (January —June 2019) ❑ Caregiver Depression Screening/Referral ElIntimate Partner Violence Screening/Referral CQI Project Topic ❑ Child Developmental Screening/Referral ❑ Family Engagement SMART Aim Statement (Defined in CQl Charter/Project Plan) Aim Update: Were any changes made to the Aim statement or project plan since submitting the Team Charter & Plan? If so, please describe: Plan -Do -Study -Act (PDSA) Cycle 1 Provide a brief, but detailed update on change tests implemented Description of test: Plan - To be completed prior to implementation of change What question(s) do you want to answer through this test? What changes/improvement do you predict? Who is responsible? Tasks/Tools Needed to Complete Test: Do - How was the test carried out? FY2019 Attachment 5 Continuous Quality Improvement 107 What did you observe that wasn't part of the plan? Study - Data may be related to SMART Aim, or specific quantitative/qualitative data specific to this change test What did the data tell you? What results did you see? (May be reflected in data or anecdotal) What did your team learn? Act Did you adopt, adopt, or abandon this change? Looking ahead Based on what you learned, what will you test next? PDSA Cycle 2 (if more than one PDSA completed) Description of test: Plan - To be completed prior to implementation of change What question(s) do you want to answer? What changes do you predict as a result of this test? Who is responsible? Tasks/Tools Needed to Complete Test: FY2019 Attachment 5 Continuous Quality Improvement m Do - How was the test carried out? What did you observe that wasn't part of the plan? Study - Data may be related to SMARTAim, or specific quantitative/qualitative data specific to this change test What did the data tell you? What results did you see? What did you learn? Act Did you adopt, adapt, or abandon this change? Looking ahead — Based on what you learned, what will you test next? FY2019 Attachment 5 Continuous Quality Improvement 5 109 CQI Project Summary and Reflection (Quarter 2 due January 20, 2019 and Quarter 4 due July 20, 2019) Program Name, Model Project Period ❑ Period 1(July — December) ❑ Period 2 (January —June) ❑ Caregiver Depression Screening/Referral ❑ Intimate Partner Violence Screening/Referral CQl Project Topic ❑ Child Developmental Screening/Referral ❑ Family Engagement SMART Aim Statement (Defined CQl Charter/Project Plan) Aim Update: Were any changes made to the Aim statement or project plan since submitting the Team Charter & Plan? If so, please describe: Project Summary -- Reflect on the changes you've observed and lessons learned Did you see changes expected? Changes you didn't expect? Which tests resulted in improvement? How will you sustain these changes? What did you learn? Did anything surprise you? How will you apply what you learned? HVSA19 Att5 Continuous Quality Improvement 110 Sample Monthly Enrollment Data Report. Template and submission method subject to change. Current electronic template to be submitted by Contractor is available on Home Visiting webpage at www.dcyf.wa.gov. 1.Organization Information 1.2. Home Visiting Model (select) 1.3. Contract # 1.4. Month (select) I - I 1.5 Name of Person Completing Report 1.6 Phone # 1.7 Email address 2. Active Caseload Please provide the following information for children and families served by HVSA funds during the reporting month. funded by MIECHV funded by General funded by TANF State Funds/602 2.1. Number of families/clients actively enrolled: All clients with some enrollment time during the month and have completed a home visit within 90 days of the end of the month. Client may have entered or exited services within the month. 2.2. Number of children enrolled: Received a home visit or other model -approved contact in lost 90 days 2.3. Number of families that received home visits during report month: 2.4. Number of home visits during report month: HVSA19 Att5 Monthly Enrollment Data Report Sample 111 3. Caseload Changes Please provide the following information about new enrollments, exits, and program completion during the reporting month. funded by MIECHV funded by General State Funds/602 funded by TANF 3.1. Number of new families enrolled: 3.2. Number of exits before reaching HVSA retention goal: Clients that exited the program during the month before receiving 24 months of services. 3.3. Number of clients exiting after reaching the HVSA retention goal: Clients that have exited the program during the month after receiving at least 24 months of services : 4. Enrollment to Capacity Please calculate your enrollment -to -capacity percentage by dividing the number of families in actively enrolled in the report month by the number of funded families described in your contract. If the percentage of family enrollment to capacity for your program is below 855v., please provide a brief explanation in the space provided. 4.2. Maximum 4.3. Active Enrollment Caseload 4.1. Total Number of Actively Enrolled Service Capacity (Percent of Families Currently Enrolled to Families/Clients this Month (2.1) (# slots in your Funded Families) Contract) (4.1/4.2) 0 #DIV/0! 4.4. If Active Enrollment Caseload (#4.3) is less than 85%, please explain: HVSA19 Att6 Monthly Enrollment Data Report Sample 112 ss _ Quarterly e t Sample Quarterly Progress Report. Questions subject to change each quarter, with indicators to those questions unique to specific quarters. Submission method subject to change. Current electronic template to be submitted by Contractor is available on Home Visiting webpage at www.dcyf.wa.gov. 1.1. Organization Name <prepopulate> 1.2. Home Visiting Model <prepopulate> 1.3. Contract # 1.4. Quarter <prepopulate> 2. Fidelity to Program Model <Choices: Q1: July 1— Sept 30; Q2, Q3, Q4... > 2.1.a. Q2 If your program is an evidence -based program (e.g. E S, dam ly Spirit, NFP, PAS', EHS) or a promising practice with a National Model Office (PCHP), please submit your letter from your national model indicating your program's standing with relationship to model fidelity. eupload>> 2.1.b. Q2 If your program does not have a national model office (e.g. CPP, Outreach. Doula, STEEP), please submit a letter from Thrive Washington detailing the model fidelity indicators of your program and your program's standing with relationship to those indicators of model fidelity. I<upload: > i 2.2.a. Q2-3-4 If the letter from your National Model Office/Thrive indicates areas where your program does not meet model fidelity, please list those indicators and a your program's progress towards meeting model fidelity for each those indicators. FY2019 HVSA19 Att7 Quarterly Report Template 113 3. Staffing Deliverables 3.1. Please report any changes in FTE/staffing positions funded by this contract for Home Visitors, Program Supervisors, or other staff: ❑ no changes in staff funded through this Contract from prior quarter Please list the total FTE funded by each source below. Please respond with a number (#J. e. Total Staff Role c. HVSA- Home a. HVSA- b. HVSA- d. Non Other Visiting MIECHV TANF State HVSA Program Funded Funded Funded Funded Number of Continuing Home Visitors 0.00 Number of Home Visitors who Left 000 Number of New Home Visitors 0.00 Number of Vacant Home Visitor Positions 0.00 Number of Continuing Supervisors 0.00 Number of Supervisors who Left 0.00 Number of New Supervisors 0.00 Number of Vacant Supervisor Positions 0.00 Number of Continuing Other Staff 0.00 Number of Other Staff who Left 0.00 Number of New Other Staff 0.00 Number of Vacant Other Staff Positions 0.00 3.2. Please describe any other changes in program staff that your program experienced in the quarter. ❑ n/a 3.3. If you have experienced staffing challenges to keeping or recruiting staff, please describe these experiences. What is your plan and timeline to address these challenges and/or recruit new staff. ❑ n/a (Challenges with staff retention II Challenges with staff recruitment FY2019 HVSA19 Att7 Quarterly Report Template ►a 114 4. Supervision Deliverables 4.1. Supervision Hours: Please report on the # of hours of supervision that Supervisors provided for all Home Visitors this quarter. Type of Supervision Average # hours provided to each Home Visitor per month Administrative/Clinical Supervision (one-on-one) Reflective Supervision (one-on-one) Group (staff meetings, trainings, etc.) Comments/Notes: 4.2. If during this last quarter, you encountered barriers to fulfilling supervision hours or group/case conferences as outlined in your contract (or as expected for model fidelity), please explain why and describe the steps you are taking to ensure fidelity. 4.3. Q4 Describe any changes your organization has implemented to staffing policy and/or practice in the past year to support high -quality program implementation and reduce turnover in the program or organization. S. Service Delivery 5.1. Please tell us how many unduplicated caregivers received services this quarter (received at least one home visit during this quarter). Please include all caregivers that are participating in the program. �# Female Caregivers # male Caregivers 5.2.a. Number Of Home Visits Completed and Attempted but not Completed # Completed # Attempted, but NOT completed This is reported in the monthly already 5.2.b. Please describe the successes and challenges you have faced in completing home visits this quarter. Were there circumstances that impacted your program's ability to deliver home visits this quarter? If so, please describe. FY2019 HVSA19 Att7 Quarterly Report Template 115 Wait list questions 5.3.a. Do you have a waiting list for your home visiting program?. 5.3.b. If yes, how many people are currently on your waiting list? 5.3.c Please tell us the estimated number of days it takes for people to wait on the waiting list before you are able enroll them in your program? 5.3.d. Comments. 5.4. Q2/Q4 Outgoing Referral Networks Based on a review of your program data from July-December/January to June please list the top 5 sources to which your program referred home visiting participants for additional resources, and indicate the primary services this organization delivers. �# Type of Service Organization Name <categories> <categories> <categories> <categories> <categories> < categories> Family support/parent education Child welfare Domestic violence prevention Other Early childhood development Employment Education Food Support Health Legal Mental Health Substance Abuse WIC 5.5. Describe any gaps in services needed by your home visiting participants that are not available in your community (In your response, if relevant, please align with the service categories above) 5.6. Referrals: Of the referrals made, please describe any barriers encountered to connecting families to services. What, if any major trends are you seeing that are different from prior referral patterns? FY2019 HVSA19 Att7 Quarterly Report Template 116 5.7. TANF: Please summarize what has been working well and what has been difficult in recruiting, enrolling and providing services with TANF referred families. 6. Technical Assistance 6.1. Q2/Q3/Q4 In reviewing your TA Plan, please describe one key outcome or success that your program achieved utilizing TA during July -December and January -June. 6.1/2/3. Please describe any Training or TA needs you have for NEXT quarter (this may include work with Thrive, DEL, DOH or others). 7. Organizational and Community Updates 7.1. Please describe any notable changes within your program or organization that have impacted implementation of your program. 7.2. Describe any notable activities that occurred this quarter to create or improve connections with other service delivery systems: early learning, child welfare, early intervention, DSHS, including local early learning coalitions? 7.3. Q2/4 So far this year, which two to three community partners did you cultivate a stronger working relationship for recruitment, wrap around services, training or other resources? 7.4. Q2/4 Describe your relationship with/level of participation in the local Early Learning Regional Coalition so far this year. 7.5. Q4 TANF How has your home visiting program strengthened its engagement with families and children in the DSHS system throughout the course of the HVSA TANF expansion work? FY2019 HVSA19 Att7 Quarterly Report Template 117 7.5/6a. Q4 Describe any notable demographic changes in your community in the past year. 7.5,/ b. Q4 Describe any steps your program is taking to address changes in community need. 8. Continuous Quality Improvement 8.1. Please submit your CQI Quarterly Report for this quarter. 9. Q1/Q3 Parent or Family Feedback: 9.1. Success Story Describe the impact of your home visiting program on a program participant (parent/child/family) through a detailed story. (Please be sure to change the names of individuals and any identifying information in your story to preserve their confidentiality). 9.2. Client Satisfaction Please provide any information, data, and findings you have gathered over the past several months on client satisfaction. This may include ongoing client satisfaction surveys or information retrieved as families leave services about what did or didn't work for them. FY2019 HVSA19 Att7 Quarterly Report Template 118 11­141uarterly Data Dashboard Reflection 10. Please review your Quarterly Data Dashboard from DOH. 10.1. You received a Data Dashboard and a data quality report prepared by DOH. These reports are snapshots of some aspects of your program. When you reviewed and reflected on the data in the data dashboard or the data quality report, what stood out to you? What surprised you, or what concerned you about the data you received. Please reflect on both the data dashboard and the data quality report in general below. 10.2. Reflecting on your enrollment, what successes and challenges have you faced in meeting your contract recruitment deliverables? Please include thoughts on recruitment, retention, early exits, etc. 10.3. Please describe any successes or challenges from last quarter in data management or data use. Indicate how these affect staff and/or program practice. 11. Q4o Describe your top one to three programmatic successes/outcomes from this year. FY2019 HVSA19 Att7 Quarterly Report Template 119 TANF Referral Worksl-,)eet 11. FOR TANF: TANF Referrals Worksheet 11.1. Please complete the following table for the reporting quarter for your TANF home visiting program FY2019 HVSA19 Att7 Quarterly Report Template 120 WHATCOM COUNTY COUNCIL AGENDA BILL No. 2018-219 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: SW 07/13/1 8 07/24/18 Finance Committee Division Head: JUL 1 2018 7/24/18 Council Dept. Head: Prosecutor: COUNTY `30UNCIL Purchasing/Budget: 4 Executive: 05 zy ' TITLE OF DOCUMtN'T.Wproval to Award Bid #18-25, Rental Rates for Maintenance and Construction Equipment Without Operators ATTACHMENTS: Memo from Finance 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.) Administrative Services is requesting approval to award Bid #18-25, Rental Rates for Maintenance and Construction Equipment Without Operators to all bidders. The award for each vendor will not exceed $100,000.00. The intent of this bid is to obtain firm pricing on rental equipment that could be used by Public Works and any other department that may need to rent equipment for regular projects or emergencies. When equipment is needed, the County will select it from the list, based on equipment availability and suitability, with preference to low bidders. 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. 121 WHATCOM COUNTY ADMINISTRATIVE SERVICES FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite #503 Bellingham WA 98225-4082 Brad Bennett, Finance Manager DATE: July 13, 2018 RECEIVED TO: Jack Louws, County Executive FROM: Brad Bennett, Administrative Services Finance Manager JUL 13 2018 SUBJECT: Award of Bid #18-25, Rental of Equipment Without Operator JACK LOUWS COUNTY EXECUTIVE • BACKGROUND The purpose of this bid is to establish prices and identify firms that are interested in providing maintenance and construction equipment for rent to the County on an on -call basis. Public Works and other departments will select equipment for rent from the list. The selection will be based on equipment availability and suitability, with preference to the low bidder. The following companies submitted bids on Tuesday April 17, 2018. A list of available equipment and labor rates is attached. ■ United Rentals ■ NW Heavy Equipment Repair • Star Rentals • S&S Equipment & Repair • PacWest Machinery • Birch Equipment • Herc Rentals Rentals will be made on an as -needed basis. Administrative Services is requesting approval to award to all bidders. The award for each vendor will not exceed $100,000.00. I concur with the recommendation. Approved as Recommended: County Executive Date of Council Action 122 O i-a f6 v Q Ur1 O N =5 00 O on +r c E U E W O i ice+ V7 to Of co a- C 0J cc y O lO ++ O O IH 00 a d, M O O N 7 M n ct Ln r O O n L Ln L L ~ G C e�-1 CL a. a c E CL E E v L CL CL M Co z 0 z E z tw z � a; CL CL I C? • N to 1� E } i m 00 e-1 N N W i00 r O m N E 00 t m t v OA Q , v 00 L2 n C O : T c lf1 Q; ! 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N Y LL > M LU 4^ LO i M <L in• t0 1-1 M 0] i/} C C k�- C LU Oo 41 —_: N .G O u p d = fG .O O U O - O U O C N w: O U p A); C f0 O cQ .0 p CC '.:, t O 0- J C. 4— t O g , v 146 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2018-220 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: originator: 07112118 7/24/18 Finance 4 �h a Division Head: twt J U L 17 01 7/24/18 Council Dept. Head: 07112118 M Prosecutor: 07112118 ,..@ NN Purchasing/Budget: ` , O U N � � I L Executive: -,\Pej /. t. 7 le TITLE OF DOCU1eENT. WESTLAW CONTRACT/SUBSCRIPTION PROSECUTOR'S OFFICE ATTACHMENTS: SOLE SOURCE DESIGNATION OF THOMSONRESUTORS (WEST PUBLISHING) SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The attached contract/subscription renews and replaces last year's contract for on-line legal research, which lapses at the end of July. The term of the contract/subscription is 24 months and includes all discounts relating to a multi -year agreement. The renewal contract/subscription provides web -based access to proprietary legal materials giving our attorneys and staff a tool that facilitates effective and efficient legal research. The contract includes access to West Proflex, Peoplemap Premier and Company Investigator or (jovernment, Draft Assistant for Government, West Legal Ed Center for government, National Primary Core for Government and Analytical Plus for Government all on Westlaw. Effectively, this contract extends our 2017 agreement two additional years. COMMITTEE ACTION.• COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 201707002 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on [thunty'swebsiteat. www.co.whatcom.wa.us/council. 147 WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET ;) 0/ F o .70 V 0 Originating Department: Whatcom County Prosecutor Division/Program: i.e. De L Division and Pro am Click here to enter text. f y-, Contract or Grant Administrator: N/A Contractor's / Agency Name: Thomson Reuters(West Publishin 0 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 #: 201707002 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 Cost Yes ❑ No ® If yes, RFP and Bid number(s): Center: 2600 Is this agreement excluded fi•om 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 Council approval required for; all property leases, contracts or bid awards exceeding any prior amendments): $40,000, and professional service contract amendments that have an increase greater than $ $10,000 or 10% of contract amount, whichever is greater, except when: 1. Exercising an option contained in a contract previously approved by the council. This Amendment Amount: 2. Contract is for design, construction, r-o-w acquisition, prof. services, or other capital $ ;89 ?'s3 :ri'7763 in tax t�.�,o year term costs approved by council in a capital budget appropriation ordinance. 3. Bid or award is for supplies. Total Amended Amount: $ S96 990 4. Equipment is included in Exhibit `B" of the Budget Ordinance 5. Contract is for manufacturer's technical support and hardware maintenance of electronic systems and/or technical support and software maintenance fi•om the developer of proprietary software currently used by Whatcom County. Summary of Scope: The attached contract/subscription renews and replaces last year's contract for on-line legal research, which lapses at the end of July. The term of the contract/subscription is 24 months and includes all discounts relating to a multi -year agreement. The renewal contract/subscription provides web -based access to proprietary legal materials giving our attorneys and staff a tool that facilitates effective and efficient legal research. The contract includes access to West Proflex, Peoplemap Premier and Company Investigator or Fovernment, Draft Assistant for Government, West Legal Ed Center for government, National Primary Core for Government and Analytical Plus for Government all on Westlaw. Effectively, this contract extends our 2017 agreement two additional years. First year costs $44,174 + tax of $3,843 = $48,017 and second year costs $45,058 + tax of $3,920 = $47,979 which equal $89,233 + tax of $7,763 = $96,996 for the two year term of this contract/subscription. Term of Contract: 24 months Expiration Date: July 31,2020 Contract Routing: 1. Prepared by: KWalker 2. Attorney signoff David WEachran 3. AS Finance reviewed: Brad Bennett d 4. IT reviewed (if IT related): 5. Contractor signed: West doesn't sign until approved 6. Submitted to Exec.: 07/13/18 a� 7. Council approved (if necessary): 8. Executive signed: 9. Original to Council: Date: Date: Date: Date: Date: Date: Date: Date: Date: 07/12/18 07/13/18 07/13/18 7- l3-4 Last edited 02/15/18 .07 WHATCOM COUNTY PROSECUTING ATTORNEY DAVID S. McEACHRAN CHIEF CRIMINAL DEPUTY Mac D. Setter ASST. CHIEF CRIMINAL DEPUTY Warren J. Page CRIMINAL DEPUTIES Craig D. Chambers Elizabeth L. Gallery David A. Graham Eric J. Richey James T. Hulbert Jeffrey D. Sawyer Shannon Connor Dona Bracke Nathan Deen Joathan Richardson Christopher Quinn Brandon Waldron Melissa Stone Whatcom County Courthouse 311 Grand Avenue, Second Floor Bellingham, Washington 98225-4079 (360) 676-6784 / APPELLATE FAX (360) 738-2517 COUNTY (360) 398-1310 TO: Brad Bennett, Finance Manager FROM: Kathy Walker, Administrative Manager RE: Sole Source Approval West Subscription Agreement DATE: July 12, 2018 CHIEF CIVIL DEPUTY Randall J. Watts CIVIL DEPUTIES Karen L. Frakes Daniel L. Gibson Royce Buckingham CIVIL SUPPORT ENFORCEMENT DEPUTIES Angela A. Cuevas Dionne M. Clasen APPELLATE DEPUTIES Kimberly Thulin Hilary A. Thomas ADMINISTRATOR Kathy Walker Attached is the WEST subscriber agreement that will require the County Council approval and your approval as to having sole source standing. This agreement renews and replaces last year's contract for on-line legal research, which will lapse at the end of July. This agreement has a 24 month term and includes all the discounts attaching to a multi -year contract. The renewal subscription provides web -based access to proprietary legal materials giving our attorneys and staff a tool that facilitates effective and efficient legal research. As you probably recall, West Publishing, which is a division of Thomson Reuters Inc. a Canadian corporation, has been designated as a sole source provider for web -based, legal research since June of 2004. By way of background information, West is considered the foremost provider of integrated information solutions to the U.S. legal market and has been doing so for more than 135 years. While there are other on-line research tools, West is the only company that can provide the treatises/series that are critical to our legal practice. The following is a partial list of the exclusive (proprietary) content we have access to through our current subscriber agreement: Washington Practice, Annotated Revised Code of Washington, Washington Digest, Pacific Reporter and McQuillin Municipal Corporations. Additionally, because we are entering into a contract for on-line services we get a fifty percent discount on certain printed materials we still maintain that can only be acquired from Thomson West. Historically, these books were invoiced and paid for upon receipt outside of an agreement. In 2016 the company requested that we enter into a 24 month agreement which allowed the company to pro -rate the annual cost of these books and bill equal monthly payments. This second agreement will also be renewed this year but can be executed by the County Exectuive. Please provide your written decision below. SOLE SOURCE DESIGNATION: r APPROVED: DISAPROVED: DATED: 7 /_35 DATED: 149 um Order Form Order ID: Q-00257103 THt°JM` C(\1 PFUTE» S Account Address Account#: 1000815803 WHATCOM COUNTY PROSECUTOR COURTHOUSE 311 GRAND AVE STE 201 BELLINGHAM WA, 98225-4038 US Contact your representative claire.spydell@thomsonreuters.com with any questions. Thank you. Shipping Address Account#: 1000815803 WHATCOM COUNTY PROSECUTOR COURTHOUSE 311 GRAND AVE STE 201 BELLINGHAM WA, 98225-4038 US Billing Address Account#: 1000815803 WHATCOM COUNTY PROSECUTOR COURTHOUSE 311 GRAND AVE STE 201 BELLINGHAM WA, 98225-4038 US This Order Form is a legal document between West Publishing Corporation and Subscriber. West Publishing Corporation also means "West", "we" or "our" and Subscriber means "you", or "I". Subscription terms, if any, follow the ordering grids below. 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For Window Products Your subscription will change to a month -to -month status at the end of the Renewal Term and your Monthly Charges will be billed at up to our then current rate. Thereafter, we may modify the Monthly Charges after at least 30 days notice. The Monthly Window will remain unchanged. Schedule a rates may change after at least 30 days written or online notice. You are also responsible for all Excluded Charges. Excluded Charges may change after at least 30 days written or online notice. Either of us may cancel the month -to -month subscription by sending at least 30 days written notice. Send your notice of cancellation to Customer Service, 610 Opperman Drive, P.O. Box 64833, Eagan MN 55123-1803. 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Acknowledeement: Order ID: 0-00257103 Signature of Authorized Representative for order Printed Name Jack Loma untly Executive Title Date © 2018 West, a Thomson Reuters business. All rights reserved. This Order Form will expire and will not be accepted after 8/27/2018, Page 2 of 151 Attachment Order ID: Q-00257103 THOMSON RE Contact your representative eddie.repanich@thomsonreuters.com with any questions. Thank you. Order ID: Q-00257103 Payment Method: Payment Method: Bill to Account Account Number: 1000815803 Shipping Information: Shipping Method: Ground Shipping - U.S. Only Order Confirmation Contact (#28) Contact Name: Kathy Walker Email: kwalkcr@co.whatcom.wa.us eBilling Contact Contact Name Email Page 3 of 152 n THOMSON REUTERS Addendum to West Order Form 24 Month Renewal Term -Renewals Only" Subscriber: WHATCOM COUNTY PROSECUTOR Account #: 1000815803 1. Effect of Addendum. The underlying West Order Form/Order Notification between Subscriber and West is amended as specifically set forth herein to incorporate the terms of this Addendum. As amended, the Agreement shall remain in full force and effect according to its terms and conditions. All terms used in this Addendum shall have the meanings attributed to them in the West Order Fonn/Order Notification. This Addendum supersedes any and all prior understandings and agreements, oral or written, relating to the subject matter. In the event there is a conflict between the terms and conditions of the West Order Form/Order Notification and the terms and conditions of this Addendum, the terms and conditions of this Addendum shall control. 2. Modification to Order Form. This Renewal Term under Order ID: Q-00257103 is a continuation of Order ID: Q-00029287/Whatcom County Contract No. 201707002 signed on July 12, 2017. Subscriber agrees to commit to an additional 24 months. 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West Reporter Images West Reporter Images $25.00 per image No offline transmission charges apply. 4. Rise of American Law Rise of American Law - Time $33.33 per minute Rise of American Law - Document Displays 300.00 per document Rise of American Law - Images 300.00 per image 5. Per Minute Charges A. Home, Content and Topical Pages $3.50 per minute B. Viewing a Search Result List $7.00 per minute C. Per Minute Charges for Viewing Full Text Documents Range from $1 1.89 per minute to $58.97 per minute. 6. Transactional Charges A. Search Charges $42.00 per search Each search query will incur a search charge. B. Document Display Charges Range from $13.00 to $151.00 per document Each document display will incur a transactional charge. No offline transmission charges apply. C. Online Citation Checking Charges KeyCite Inline KeyCite D. 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Head: Prosecutor: Purchasing/Budget: Executive: �W5 7, / TITLE OF DOCUM . The Public Defender's Office will present its annual report to Council ATTACHMENTS: 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.) The Public Defender's Office will present its annual report to Council 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. M( WHAIL'UM C'UUVI'Y C'UUNCILAULIVDABILL NO. LV10-1/.5H CLEARANCES Initial Date Date Received in Council g1fice Agenda Date Assigned to: Originator: RM 7110118 IJ � V lI�=JJ IdEn 7124118 Committee of the Whole Division Head: JUL 17 2018 Dept. Head: 7 )n lit WHATCOM COUNTY COUNCIL Prosecutor. Purchasing/Budget. Executive: 'S�5 7. 8 TITLE OF DOC L 'iV T. Establishing a level of service and action plan for the Lummi Island Ferry System. ATTACHMENTS: • Proposed resolution • Lummi Island Ferry System Level of Service Alternatives Analysis (without appendices) SEPA review required? ( ) Yes (x) NO Should Clerk schedule a hearing? ( ) Yes (x) NO SEPA review completed? ( ) Yes ( n/a ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The Lummi Island Ferry Advisory Committee is recommending the Whatcom County Council adopt the proposed resolution with exhibit A to establish a level of service and action plan for the Lummi Island Ferry System. 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. 161 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT )ON HUTCHINGS DIRECTOR MEMORANDUM Public Works Administration Project Development Group 322 N. Commercial Street, Suite 210 Bellingham, WA 98225-4042 Telephone: (360) 778-6212 Extension: 6212 rmiddleaco. whatiZom. wa.us To: The Honorable Jack Louws, Whatcom County Executive, and Honorable Members of the Whatcom County Council Through: Jon Hutchings, Director RECEIVED From: Roland Middleton, Special Programs Manager%/1 JUL 12 2018 Date: July 11, 2018 JACK LOUWS COUNTY EXECUTIVE RE; LIFAC proposed resolution setting a level of service and implementation plan for the Lummi Island Ferry System The Whatcom County Council created the Lummi Island Ferry Advisory Committee (LIFAC) in part to provide recommendations on proposed changes to ferry operations, ferry replacement, and long-term planning for the level of service of the Lummi Island Ferry System (WCC 2.145; WC Ord # 2012-005). Whatcom County Public Works Department was asked to assist LIFAC by managing the contract with the consulting firm of kpff. LIFAC, WC Public Works and kpff held nearly two dozen public meetings, workshops and surveys for an extensive public outreach and community conversation regarding the level -of -service for the Lummi Island Ferry System. LIFAC is requesting the Whatcom County Council adopt the attached resolution and exhibit A. Whatcom County Public Work submits the Agenda Bill on LIFAC's behalf. The resolution: • Establishes a level of service for the Lummi Island Ferry System. ■ Establishes an action plan for the implementation of the level -of -service. 162 PROPOSED BY: INTRODUCED:_ RESOLUTION NO. . — ESTABLISHING A LEVEL OF SERVICE FOR THE LUMMI ISLAND FERRY SYSTEM WHEREAS, the Lummi Island Ferry Advisory Committee was established to review and provide recommendations on proposed changes to ferry operations and fares; and, WHEREAS, the Lummi Island Ferry Advisory Committee was established to assist the county in collecting information from ferry riders on actual and desired ferry services, concerns, and ideas for improved service; and, WHEREAS, the Lummi Island Ferry Advisory Committee was established to analyze and develop recommendations to continue and improve the cost-effective operation of ferry service to Lummi Island; and, WHEREAS, the Lummi Island Ferry Advisory Committee was established to research, review, and make recommendations regarding ferry replacement, long-term planning, parking, transportation to and from ferry docks, alternative docking locations, alternative funding sources, and other major capital and operational issues regarding ferry service to Lummi Island; and, WHEREAS, the Whatcom County Council asked the Lummi Island Ferry Advisory Committee to propose a Level of Service Ferry System Action Plan to meet the goals established with Resolution 2017-012; and, WHEREAS, the alternatives analysis identified in Policy 6C-9 of the Whatcom County Comprehensive Plan is complete; and, WHEREAS, the Lummi Island Ferry Advisory Committee has proposed a Level of Service Action Plan for the Lummi Island Ferry System identified in Exhibit A. Page 1 163 NOW, THEREFORE, BE IT RESOLVED the Whatcom County Council approves the Level of Service Action Plan for the Lummi Island Ferry Service as shown on the attachment hereto (Exhibit A). APPROVED this day of , 20. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council Rud Browne, Council Chair APPROVED AS TO FORM: Christopher Quinn Deputy Prosecuting Attorney - Civil Division Page 2 164 Exhibit A Lummi Island Ferry Service Level of Service Action Plan 1. Vessel A. Balancing capacity against operating costs (fuel, personnel, etc.) to ensure affordable fares over the long run, including needs -based fares, while optimizing vehicle demand, deck space and trip frequency to minimize wait times, the design and construction of a 34 car vessel is added to the 2019-2024 Six -Year Transportation Improvement Program. The timing of the design and construction shall coincide with the next cycle of funding by the County Road Administration Board. B. The design of the vessel shall accommodate all walk-on passengers during typical peak times, accommodate legal loads of vehicles per Washington State Commercial Vehicle Guide and comply with U.S. Coast Guard safety standards and the Americans with Disabilities Act. C. To approach the goal of a carbon neutral vessel and provide flexibility for future electric conversion and reliability, the design of the vessel shall be a hybrid diesel- electric. 2. Terminals A. Design and construction of the marine structure modifications to the Gooseberry Point terminal and Lummi Island terminal to accommodate the new vessel is added to the 2019-2024 Six -Year Transportation Improvement Program. The timing of the design and construction shall coincide with the next cycle of funding by the County Road Administration Board and the construction of the new vessel. B. In addition to the modifications to accommodate a new vessel, improvements to the Lummi Island terminal shall include: reconfigure the queuing lanes, install ADA restrooms, and improve bicycle and pedestrian loading by locating the queuing area as close to the vessel as possible to reduce the time required to load onto the ferry. C. Implement remote ferry queue monitoring. D. Implement self-service ticketing. E. Whatcom County will initiate an intergovernmental agreement with the Lummi Nation to confirm the location of the Gooseberry Point Terminal as shown on the 2015 Lummi Nation TIGER grant application. Upon the finalization of the agreement Whatcom County Public Works shall initiate the environmental review and permitting process for the Gooseberry Point terminal relocation. Page 3 165 F. Construction of the new Gooseberry Point terminal relocation is to be accomplished prior to the end of the Uplands Lease Agreement with the Lummi Nation (October 2046). The design shall include dual lane loading and improve bicycle and pedestrian loading by locating the queuing area as close to the vessel as possible to reduce the time required to load onto the ferry. G. Whatcom County shall coordinate the Gooseberry Point terminal relocation with the Lummi Nation's permitting, funding and construction of the future Fisherman's Cove Improvements. H. As property becomes available, Whatcom County shall purchase lands adjacent and near the new location of the Gooseberry Point terminal. The property will be utilized for off-street queuing, parking, and passenger amenities. I. All infrastructures shall be designed to accommodate the 100-year sea level rise prediction by NOAA. 3._0perations A. A Whatcom County ferry district will be created to increase grant opportunities. This district shall be funded by a seasonal surcharge on single cash fares for the capitalization of future vessels. B. The long-term improvements shall be phased over time to allow for a complete funding portfolio to leverage a variety of funding sources and mechanisms. C. Change the Whatcom County Comprehensive Plan policies regarding Ferry System service: a. Policy 6A-1: Te--Lum ' island FeFry AdviSeFy --mmi---- .--FA-.._ eeeperating with Public Warks te develop , LOS standard. L:!FzAG w1l+ PFeSent a FeYiSieH W this sectien when that werk is complete. The interim LOS i 9 ealeulated using the seheduled trips, the n:h;�-L—A ear unit of the , r]LM...f LI. lA 1.7 established at 439. (Tway rips X est'YF[x]tYlrT fsland. � Public Works shall establish a performance metric to monitor service performance of the Lummi Island Ferry system. This will include a week ion count at least every quarter in both sailing directions. This count will include percent capacity, on -time performance, and the number of vehicles left in the ueue. The count shall be compared to the desired level of service of no more than two sailing waits during average weekday -peak periods.. b. Strike Policy 6C-9: Page 4 166 c�Fi+�:1:: ti:�•NOW Page 5 167 Lummi Island Ferry System Level of Service Alternatives Analysis Final Report July 5, 2018 Prepared by: KPFF Consulting Engineers Steer Davies Gleave Elliott Bay Design Group Progressions fI:l:1 Contents Page ES-1 Executive Summary Page 1 Project Overview Page 2 Summary of Technical Analysis Page 11 Recommendations and Next Steps Appendices Appendix A— Existing Conditions Appendix B — Ridership Demand Forecast Appendix C — LOS Analysis Appendix D — Vessel Characteristics Appendix E — Terminal Options Appendix F — Financial Forecast and Funding Options Appendix G — Service Alternatives Appendix H — Public Outreach and Community Engagement 169 LUMMI ISLAND FERRY SYSTEM — LOS ANALYSIS EXECUTIVE SUMMARY Capital assets that support the Lummi Island Ferry System are reaching the end of their useful life and must be replaced. To do so, Whatcom County Council Resolution 2017-012 directed Lummi Island Ferry Advisory Committee (LIFAC) to review alternatives for the Lummi Island Ferry System and recommend a Level of Service (LOS) Action Plan. This study includes an LOS Alternatives Analysis with recommendations to support the LOS Action Plan. Overview of the Lummi Island Ferry System To plan for upcoming capital improvements for the Lummi Island Ferry System, the following elements set the foundation for the LOS Alternatives Analysis: » Whatcom County operates the Lummi Island Ferry Service that provides service to Lummi Island 365 days per year, 7 days per week. With a short crossing of about 5 minutes, ferry service is provided every 20 to 40 minutes on weekdays and every hour on the weekend. The crew collects fares on the vessel during transit. » The Whatcom Chief is the only vessel that provides service to Lummi Island from Gooseberry Point, and provides the only vehicle connection to the island. The vessel is over 50 years old and maintenance costs have increased significantly. To keep running, the Whatcom Chief is anticipated to require a major overhaul in eight years. » The Gooseberry Point ferry terminal area is leased from the Lummi Nation, and this lease will expire in 2046. It is anticipated that the existing bridge structure will need significant structural improvements in the next 10 years to maintain safe operations. Lummi Nation is planning to construct a marina in the current location of the ferry terminal requiring the terminal be relocated. » During annual dry dock of the ferry, Whatcom County contracts with a passenger -only ferry to provide service with limited parking provided to passengers. » There are limited amenities at the Gooseberry Point ferry terminal. » The community has expressed interest in keeping operating costs low, maintaining service frequency, and improving amenities (restrooms, parking, and security at Gooseberry Point as well as ADA restrooms at Lummi Island). Summary of LOS Alternatives Analysis When planning for capital and asset improvements, including new ferries, the planning horizon extends over the life of that asset. In this case, we anticipate the new vessel to have a useful life similar to the Whatcom Chief —over 50 years. To plan over that time horizon, the consultant team conducted a LOS Alternatives Analysis by completing a ridership forecast model, establishing a LOS, developing vessel characteristics and terminal options, assessing potential funding sources and preparing a financial forecast, and conducing public outreach and community engagement. The following summarizes findings from the analysis: Ridership is forecast to increase nearly 40% for passengers/pedestrians and about 16% for vehicles by 2040. » Because labor costs are a large portion of operating costs, a vessel with capacity for up to 34 cars was the largest alternative considered because it is anticipated to retain a crew size of three. » Based on the current capacity of the Whatcom Chief, the LOS experienced today will get significantly worse in the future. A vessel with a 34-car capacity is anticipated to meet average peak weekday demand estimated through 2060. LOS Alternatives Analysis — Final Report // ES-1 170 LUMMI ISLAND FERRY SYSTEM — LOS ANALYSIS » Conventional diesel, hybrid diesel-electric, and all -electric vessel options with capacity up to 34 cars were considered. Rough order of magnitude (ROM) costs for these vessel options range between $9 million and $16 million. » Having a back-up vehicle ferry would require storage and maintenance of the back-up vessel when it is not in use. Additionally, maintenance of the terminal structures would still require suspending service because there is only one vehicle ferry slip. A permanent passenger -only ferry float could be installed to maintain service during periods when the vehicle ferry is being maintained or when terminal maintenance is needed (ROM cost of $1 million). » Operational improvements could include: increasing the efficiency of fare collection by implementing online ticket purchase and installing ticket vending machines, and spreading peak demand periods by installing cameras for passengers to view the ferry queue to adjust their travel and implementing a peak congestion pricing policy. » The existing marine structures would require modifications to increase the structural capacity for a larger vessel. The ROM costs for these modifications are $7-9 million for both terminals. » To keep operating costs low and maintain service frequency, the Gooseberry Point ferry terminal should remain near the current Gooseberry Point ferry terminal location. Terminal options for Gooseberry Point include: - Remaining at the current terminal location and completing structural repairs (ROM cost $4.5 million). - Relocated west of the current ferry terminal and constructing a new ferry slip (ROM cost $26.5 million). - Potential future expansion as private property becomes available. Potential future expansion would allow for parking and amenities (ROM cost $9.5 million). » Terminal options for Lummi Island include: reconfiguring the queuing lanes and adding ADA restrooms (ROM cost $1.5 million). » Operating costs are anticipated to be less than current operating costs with any new vessel option based on the decreased maintenance costs. » Capital costs for improvements will require a diverse funding portfolio of local, state, and federal funds: - Local funds: Public Works Road Fund, general appropriations, bond issuance, local improvement districts, and recapitalization surcharge - State funds: Ferry Capital Improvement Program through County Road Administration Board (CRAB), Public Works Trust Fund - Federal funds: Federal Highway Administration (Surface Transportation Block Grant, Ferry Formula Program), U.S. Department of Transportation Better Utilizing Investments to Leverage Development grants) ES-2//KPFF Consulting Engineers 171 LUMMI ISLAND FERRY SYSTEM - LOS ANALYSIS Recommendations and Next Steps Based on the alternatives analysis, we recommend the following elements to achieve the desired LOS into the future and present suggested next steps to implementation: Recommendations » Measuring LOS: Track and calculate the number of cars per sailing and sailings in a service window. This could be done by the crew counting manually or via monitoring cameras. Monitor performance metrics including percent capacity, on -time performance, and number of vehicles left behind. » Vessels: Construct a 34-car, hybrid diesel-electric vessel. » Terminal Improvements: Replace the marine structures for the new vessel once designed. Install queue lane cameras and ticket vending machines. Complete structural improvements to the existing Gooseberry Point bridge structure. Initiate the environmental process for the Gooseberry Point terminal relocation. At Lummi Island, reconfigure the Lummi Island queuing and install ADA restrooms. Install an emergency passenger -only ferry float. » Operational Improvements: Improve bicycle and pedestrian loading by locating the queuing area as close to the vessel as possible to reduce the time required to load onto the ferry. Implement a peak congestion pricing fare policy on cash fares. » Funding: Institute a ferry district and implement a vessel replacement surcharge. Increase fares periodically with inflation to achieve the 55% farebox recovery. Seek out all grant funding options for capital projects. Next Steps: 1. Institute a ferry district and plan for future vessel replacement surcharge. 2. Install cameras to view the ferry queue and provide a live feed for passengers to monitor the queue. 3. Determine an online ticketing approach and/or ticket vending machine option to purchase and install. 4. Begin preliminary design of the vessel. 5. Once the vessel geometry and specifications are designed, design the marine structure modifications required to fit the new vessel in the existing terminals. 6. Initiate the CRAB funding process by requesting a call for projects in spring 2021. Resolution 2017-012 and Recommendations The recommendations of the LOS Alternatives Analysis support the goals established by LIFAC and elements of the LIFAC Action Plan provided in Resolution 2017-012. Table EX-1 identifies each goal of the resolution and components of the Action Plan, the recommendation that addresses that goal and a timeframe for implementation. LOS Alternatives Analysis - Final Report // ES-3 172 LUMMI ISLAND FERRY SYSTEM - LOS ANALYSIS Table EX-1: Resolution 2017-012 Goals, Recommendations and Timeframe for Implementation 3.a. i. Goals of the Lummi Island LOS Provide a vessel that will. Recommendation Timeframe Continue to meet and comply with current Include in vessel design standards. At Vessel Design U.S. Coast Guard safety standards. li. IComply with the Americans with Disabilities Include in vessel design standards. At Vessel Design Act (ADA). W. IAccommodate legal loads of vehicles per WA Part.of Gooseberry Point terminal State Commercial Vehicle Guide. relocation. iv. Balance capacity against operating costs 34-car vessel has lowest risk of (fuel, personnel, etc.) to ensure affordable increasing crew size. Operating costs fares over the long run, including needs- lower than the Chief. based fares. V. Optimize vehicle demand, deck space and trip frequency to minimize wait times. A. Accommodate all walk-on passengers during typical peak times. vii. To the greatest extent possible, provide a carbon neutral vessel. 1.b. 1.c. iWd 34-car vessel Long-term / At Terminal Design Short-term Short-term Include in vessel design. At Vessel Design Hybrid diesel-electric provides flexibility At Vessel Design for future electric conversion Provide parking spaces at both landings to Parking expansion on Gooseberry Point accommodate dry dock times as well as peak as private property becomes available. walk-on commuters. Provide an alternative location on Lummi Nation Marina site provides Gooseberry Point for the current landing site. similar service frequency and LOS. Other sites evaluated did not maintain the desired LOS. Build and maintain all infrastructures to Include in terminal design standards. accommodate the 100-year sea level rise prediction by NOAA. Long-term Long-term Long-term / At Terminal Design Zb. Ferry System Action Plan will rovide: Quantifiable measurements for the adopted • 34-car vessel is anticipated to provide • Short-term i. LOS, e.g. Volume/Capacity and no more than LOS of max. two boat wait during two boat wait times as measured during peak weekday periods. weekday peak periods. • Measure LOS through tracking capacity and vehicles left behind to • Short-term Specific recommendations for service monitor vehicle wait times. • Ticket -vending machines or online • Short-term ii. facilities to include but not limited to: ticketing restrooms, off -ferry ticketing kiosk, parking • ADA restrooms on Lummi Island • Short-term area security. • Parking area expansion on _ Preliminary estimated costs to complete the Gooseberry Point • Up to $30 million . Long-term • Short-term iii. improvements for the adopted LOS. • Up to additional $37 million • Long-term iv, Preliminary alternatives in funding the • Ferry District • Short-term necessary improvements. • Initiate CRAB Funding • Short-term • Apply for grants • Short-term and Long-term • Plan for vessel replacement • Short-term surcharge ES-4//KPFF Consulting Engineers 173 Project Overview With the Whatcom Chief and Gooseberry Point terminal infrastructure approaching the end of their useful lives, the Lummi Island Ferry Advisory Committee (LIFAC) was directed to prepare a Level of Service (LOS) Action Plan that will act as the guiding document for replacement of the Whatcom Chief and other capital asset improvements. This report provides findings and recommendations from the LOS Alternatives Analysis to support LIFAC's LOS Action Plan. Purpv�= The LOS Alternatives Analysis was conducted to provide relevant information and recommendations to inform development of the LIFAC LOS Action Plan. The recommendations fully considered Whatcom County Council Resolution 2017-012. The LOS Alternatives Analysis included the following tasks: » Reviewing and summarizing existing conditions including previous studies, service delivery, existing vessel characteristics, infrastructure, and future upland development plans. » Completing a ridership demand forecast. » Establishing an existing LOS standard and comparing the existing LOS standard with potential vessel capacity options. » Developing vessel characteristics for a replacement vessel on the Lummi Island route. » Evaluating terminal improvement alternatives. » Assessing potential funding sources. » Conducting public outreach and community engagement throughout the study. LUMMI ISLAND FERRY SYSTEM — LOS ANALYSIS WCC Resolution 2017-012 Exhibit A LIFAC developed the following goals and LOS Action Plan Lummi Island Ferry System which were adopted by the Whatcom County Council (WCC) as part of Resolution 2017-012: » Provide a vessel that will: - Continue to meet and comply with current U.S. Coast Guard safety standards. - Comply with the Americans with Disabilities Act (ADA). - Accommodate legal loads of vehicles per Washington State Commercial Vehicle Guide. - Balance capacity against operating costs (fuel, personnel, etc.) to ensure affordable fares over the long run, including needs -based fares. - Optimize vehicle demand, deck space, and trip frequency to minimize wait times. - Accommodate all walk-on passengers during typical peak times. - To the greatest extent possible, provide a carbon neutral vessel. » Provide parking spaces at both landings to accommodate dry dock times as well as peak walk-on commuters. » Provide an alternative location on Gooseberry Point for the current landing site. » Build and maintain all infrastructures to accommodate the 100-year sea level rise prediction by NOAA. The LOS Action Plan will include: » Quantifiable measurements for the adopted LOS, e.g. Volume/Capacity and no more than two boat wait times as measured during weekday peak periods. » Specific recommendations for service facilities to include but are not limited to: restrooms, off -ferry ticketing kiosk, parking area security. » Preliminary estimated costs to complete the improvements for the adopted LOS. » Preliminary alternatives in funding the necessary improvements. This report presents a summary of findings from the analyses conducted, as well as recommendations for LIFAC and the Whatcom County Council to support the desired and sustainable long-term LOS of the Lummi Island Ferry System. Memos from each task presenting the full analysis are included as appendices to this report. LOS Alternatives Analysis — Final Report // 1 174 LUMMI ISLAND FERRY SYSTEM — LOS ANALYSIS Summary of Technical Analysis The following sections present the findings from the technical analyses completed as part of the LOS Alternatives Analysis, including summarizing existing conditions, developing a ridership demand forecast, preparing a LOS assessment, defining vessel characteristics, presenting terminal options, identifying funding options, outlining service alternatives, and conducting public outreach. E1 tl n g U o nd j r.fl o i To establish a thorough understanding of the existing conditions of the Lummi Island Ferry System, a detailed review was conducted of: previous studies, current service delivery (schedule, fares, governance, and costs), existing vessel and terminal conditions, and planned development activities in the vicinity of the terminals. The complete report can be found in Appendix A — Existing Conditions. Based on this review, the following key factors or considerations were established as foundational components of the LOS Alternatives Analysis: » Whatcom County Public Works operates the Lummi Island Ferry 365 days per year, 7 days per week. The transit time is approximately 5 minutes. Service is provided every 20-40 minutes (depending on the time of day) between 5:40 a.m. and 12:00 a.m. on weekdays and hourly service is provided between 7:00 a.m. and 12:00 a.m. on weekends. » The MV WHATCOM CHIEF has a capacity of 100 passengers and 16-20 vehicles, was constructed in 1962, and is the only vessel that provides service to Lummi Island. Due to the vessel's age, the annual dry dock and maintenance costs have increased over time. To accomplish this work, the vessel is typically taken out of service for a period of 2 to 3 weeks annually each fall; during this time, service is provided using a contracted passenger -only ferry capable of berthing in the existing vessel slip. Limited parking availability during dry dock creates challenges for passengers. » Operating costs are met through fares, state subsidies, and the Public Works Road Fund. The majority of capital investments are funded through the Public Works Road Fund. The Whatcom County Code (WCC 10.34.030) establishes a farebox recovery rate of 55 percent of operating costs. » Vessel crews collect round-trip fares aboard the vessel during the 5-minute crossing to the island. Passengers can pay with cash, credit card or multi -ride paper punchcard. It can be difficult to complete the fare collection process during peak periods and when there are high levels of credit card and cash payments. » Passengers have reported experiencing a three- to four -boat wait during the peak summer months. » The existing Gooseberry Point ferry terminal area is leased from the Lummi Nation, possesses limited passenger amenities, and has limited parking and security. The current lease will expire in 2046 and is not expected to be renewed. The Lummi Nation has developed plans for developing a marina where the Gooseberry Point ferry terminal currently exists. It is anticipated in the next 10 years that the Gooseberry Point ferry terminal will require structural repairs or replacement of the timber trestle. » The Lummi Island ferry terminal timber dolphins, breakwater, and terminal building have reached the end of their useful life and need to be replaced. Whatcom County is currently investigating options for an interim solution for the timber dolphins until the design of the replacement vessel is approved. » The terminals are not compliant with ADA accessibility standards and there are administrative load restrictions at both terminals that restrict some legal vehicle loads from crossing. » Based on zoning restrictions, the 2009 Subarea Plan suggests the peak buildout population could be around 3,000 residents (compared to 1,015 in 2016). 2 // KPFF Consulting Engineers 175 LUMMI ISLAND FERRY SYSTEM -- LOS ANALYSIS Ridership Forecast Based on historic ridership from 2007-2017 and fare data from 2004-2017 as well as regional population projections, a ridership demand model was developed to forecast anticipated ferry use. The model developed was unconstrained by capacity or schedule frequency, meaning the hourly demand will not change with a change in vessel capacity or changes in service schedules. The demand model found that pedestrian/passenger ridership is forecast to increase nearly 40% for passengers/pedestrians and about 16% for vehicles by 2040. See Appendix B — Ridership and Growth Projections for complete findings and discussion of analysis. Key findings from this analysis include: » Ridership on the Lummi Island Ferry had generally declined from 2007 to 2013, but has been rebounding since 2014. » Following strong population growth through the end of 1990s, the population of Lummi Island has continued to see a slow increase since 2000. Additionally, the population has been aging as the result of longtime residents getting older and migration to the island consisting of additional middle-aged individuals and retirees. » Fares have increased considerably since 2004. The demographic shifts and fare policy changes have driven ridership patterns. While fare elasticities were developed based on fare changes from 2004, the relationship between fares and population dynamics were not included as part of this study. » Statistical models based on total Lummi Island population, working age Lummi Island population, and historic fares were used to generate unconstrained ridership forecasts to 2040. Using a projected population (0.5% growth per year) and constant fares in 2017 dollars', pedestrian/passenger ridership is forecast to grow 1.74% per year and vehicles (with driver) at 0.87% annually to 2040 (from a 2016 base). » To plan for a vessel with an estimated lifespan of 40 years, the forecast ridership was estimated to 2060 using the growth rate from the 2020-2040 time period based on the model. Figure 1 illustrates the total ridership for passengers/pedestrians and vehicles for 2017, forecast for 2040, and estimated for 2060. Figure 1: 2017, Forecast 2040 and Estimated 2060 Ridership 350,000 300,000 250,000 tA °1 199,901 t 200,000 �. a m 150,000 79,084 a � c 100,000 L a 50,000 • 119,961 2017 Vehicles (w/driver) 250,605 -0 109,964 139,421 2040 Passenger/Pedestrians 4 Total 322,901 153,949 167,306 2060 LOS Alternatives Analysis — Final Report // 3 176 LUMMI ISLAND FERRY SYSTEM — LOS ANALYSIS LOS is a function of the ferry system's capacity and service frequency, and the wait time is dependent on how many vehicles the ferry system can move over a given time period. Vessel capacity and configuration impact how many cars can be carried at once. The frequency of sailings depends on the dwell time (time required to load/unload the vessel), transit time, and the service schedule. A ferry system can meet demand by either having bigger boats and less frequent service due to increased dwell time or by having smaller boats with less capacity to provide more frequent service. There is a limit on the frequency, so upsizing the vessel is the best way to improve/optimize service level delivery. The current LOS serves as a baseline to compare replacement vessel options and their associated projected LOS, and to compare the projected LOS to what passengers currently experience. On the February 2018 passenger survey, the majority of respondents indicated that they experience longer than two -boat waits in the summer months. To compare what passengers experience to different vessel capacity, the LOS assessment reviewed current vessel capacity, frequency, and ridership demand. Next, the assessment included a comparison of projected ridership, service frequencies, and potential vessel capacity options. The assumptions and findings of this assessment are described below: » Vessel Capacity: By applying an automobile equivalent (AEQ)' design standard, the ferry (Whatcom Chief) can carry an average maximum of 16 vehicles and 97 passengers per sailing. To keep operating costs low and maintain comparable service frequency, the vessel capacities reviewed in this assessment include a 20-, 28-, and 34-car vessel. Frequency: Although sailings are scheduled every 20 minutes during weekday peak ridership periods, that schedule is challenging to maintain over a long period due to crew breaks and especially when dwell time is increased by heavy vehicle or pedestrian volumes. For the purposes of comparing vessel and LOS options during the peak period, the current sailing frequency was assumed to be eight sailings in a three-hour window or the equivalent of departures every 22.5 minutes on average. The 20-car vessel with straight -lane loading/unloading is the maximum capacity to maintain the current sailing frequency. While all options would maintain a similar crossing time as the Whatcom Chief (5 minutes), the increased time required for loading and unloading more vehicles for the 28-car and 34-car vessel alternatives increases the time in the dock and results in a 30-minute roundtrip in peak periods. Demand: To establish vehicle demand, current average weekday and weekend vehicle ridership was considered as well as the projected vehicle ridership for 2040 and estimated for 2060 from Gooseberry Point to Lummi Island. The current and projected average vehicle demand was compared to capacity and frequency over a three-hour service window for weekdays to assess how well the existing vessel and alternative vessel options perform. Pedestrian demand can be accommodated by all vessel sizes; therefore, pedestrian passenger demand was not a governing factor in the LOS assessment. 1 AEQ is an industry -wide vehicle footprint based on Washington State Ferries, Alaska Marine Highways, North Carolina Department of Transportation and Texas Department of Transportation design standards to calculate vessel deck space. 4 // KPFF Consulting Engineers 177 LUMMI ISLAND FERRY SYSTEM — LOS ANALYSIS In reviewing average weekday Auguste ridership for 2017, projected for 2040 and estimated for 2060 over a three-hour service window, the current vessel does not accommodate demand in the 4:00 to 7:00 p.m. period. This condition would become worse in 2040 and 2060. Although the 20-car vessel and 28-car vessels are projected to meet the current average peak demand, they would not meet projected 2040 demand. The 34- car capacity vessel would meet average demand throughout the year into 2060. Figure 2 presents the 2017, 2040, and 2060 average weekday ridership demand along with the vessel capacities. Figure 2: 2017, 2040, 2060 Average August Weekday Vehicle Ridership Demand and Vessel Capacity Options 250 200 204, ?)=1 ------- ..__.204--__-- i 63 170 IJ9 168 150 i W t6[: 136 140 135 136 128 120 12C 128 100 112 112 96 96 100 84 80 8o CU > r>U 50 +3 -- --- 48'- ---- 3 4 5 53 62 74 49 57 68 92 107128 141164196 76 88 105 23 31 37 0 1:00AM-7:00 7:00AM-10:00 10:00AM-1:00 1:00PM-4:00 4:00PM-7:00 7:00PM-10:00 10:00PM-1:00 AM AM PM PM PM PM AM August 2017 August 2040 August 2060 Max Veh. Capacity (20) - Current Frequency Max Veh. Capacity (16) - Current Frequency Max Veh. Capacity (28) - Modified Frequency Max Veh. Capacity (34) - Modified Frequency Based on the projected ridership and an evaluation of LOS compared to current passenger experiences, we recommend the Whatcom Chief be replaced with a 34-car vessel. This vessel size is anticipated to meet the average demand projected for 2040 and estimated for 2060 for weekdays. Measuring and Monitoring LOS Since LOS is a measure of demand and service capacity, we recommend tracking the service capacity on each sailing during the peak weekday period (4:00 p.m. to 7:00 p.m.) and the number of vehicles carried on each sailing. We also recommend tracking the number of vehicles in the queue over that service period. By tracking these numbers, the LOS (demand vs. capacity) can be calculated and monitored for the peak weekday period. Recommendation • Count the number of vehicles carried on each sailing and vehicles in the queue during the weekday peak period. Recommendation • Track performance metrics in both sailing directions, including percent capacity, on -time performance, and number of vehicles left behind. 2 August typically has the highest ridership volumes and was used to forecast peak periods. LOS Alternatives Analysis — Final Report // 5 178 LUMMI ISLAND FERRY SYSTEM - LOS ANALYSIS Achieving the desired LOS can be monitored through tracking performance measures on a weekly, monthly, and/or yearly basis. By tracking performance metrics, Whatcom County Public Works can observe trends and make operational adjustments if needed. The following performance metrics can be used to measuring LOS: s) Percent capacity — this would include counting how many vehicles and passengers boarded the vessel in each sailing. This would indicate when the vessel is approaching capacity. » On -time performance — establishing an on -time performance metric is an important strategy for monitoring service performance. A number of factors can contribute to service performance such as loading/unloading, terminal staging and transit time transit, and that these operations are consistently occurring within their allotted time. Number of vehicles left behind — this would involve counting the vehicles left behind on each sailing. This can be achieved by having shoreside staff or a crew member count the vehicles, monitoring the queue with cameras, or traffic counting technology to track when vehicles arrive in the queue. To keep operating costs low and maintain high service frequency, vessel alternatives were limited to a maximum capacity of 34 vehicles. Three alternative vessel sizes, with capacities of 20, 28, and 34 vehicles were developed. Vessel characteristics identified in this analysis for each of the vessel options will lead to the preliminary design of a replacement vessel. For each vessel size, estimates of overall vessel dimensions, weight, and configurations were presented. See Appendix C — Vessel Alternatives Analysis for full discussion of vessel alternatives. The new vessel alternatives have the following advantages over the Whatcom Chief: » Decreased annual maintenance costs » Increased efficiency by faster loading and unloading due to straight lane loading » Increased capacity Propulsion Power Options Recommendation: • 34-car, hybrid diesel-electric vessel is the recommended alternative to provide sufficient capacity to meet forecast demand and be potentially converted to electric as technology improves. Based on the vessel sizes and the Lummi Island Ferry route conditions, this study reviewed conventional diesel, hybrid diesel-electric, and all -electric fuel propulsion systems. Because the vessel overnights on Lummi Island where there is limited power supply, the all -electric vessel is not recommended. However, the hybrid diesel-electric option would provide the opportunity for a conversion to all -electric in the future. ROM Costs The new vessel is estimated to cost from $9 million to $16 million. Actual cost will depend on the size and configuration of the vessel once a design is developed. Operating costs were estimated for the vessel options. Any new vessel is anticipated to have lower operating costs based on the decreased maintenance. The difference in operating costs between a 20-car vessel and a 34-car vessel is estimated to be under $200,000 annually. The difference in operating costs associated with the 20-car vessel and 34-car vessel and the Whatcom Chief are about $475,000 to $650,000, respectively. 6 // KPFF Consulting Engineers 179 LUMMI ISLAND FERRY SYSTEM - LOS ANALYSIS Figure 3 illustrates the current operating costs of the Whatcom Chief as well as the estimated operating costs for the 20-car vessel and 34-car vessel. Figure 3: Current Annual System Operating Costs and Estimated System Operating Costs using the Existing 20-car and 34-car Vessels3 $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1, 000,000 $500,000 Chief 20-Car 34-car Annualized Major Maintenance Insurance/Terminal costs/ Lease/Ad m i n Annual Maintenance Fuel/Lube Oil Labor ♦ Total Annual Operating Cost Terminal and operational improvements were considered for the Gooseberry Point ferry terminal and the Lummi Island ferry terminal. The following sections summarize the operational improvements and terminal options considered as well as ROM cost estimates for these options. See Appendix E for more detail on terminal options. Operational Improvements Whatcom County currently collects fares while in transit. During periods of heavy traffic, this can slow service as the crew has to hold traffic from offloading while they complete fare collection. Moving the fare collection off the vessel by using pre -purchased tickets online and installing ticket vending machines can reduce the time for fare collection. Recommendations for Operational Improvements: • Provide online ticket purchase and on -site ticket vending machines to move fare collection off of the vessel. • Install cameras for passengers to view the queue and for the captain to monitor traffic. 3 Costs estimates are provided for the hybrid diesel-electric options and have been rounded to the nearest thousand. LOS Alternatives Analysis - Final Report // 7 m LUMMI ISLAND FERRY SYSTEM - LOS ANALYSIS Additionally, passengers have expressed interest in the ability to view the ferry queue via live camera feeds in order to plan their travel around busy periods. Cameras would also provide a way to count the vehicles left in the queue and provide the captain with a view of the queue. Gooseberry Point Based on the findings of the 2010 Gooseberry Point Ferry Dock Relocation Feasibility Study and the continued interest to keep operating cost low and provide frequent service, the Gooseberry Point ferry terminal is recommended to remain near its current location to maintain a similar LOS as the Whatcom Chief. Site alternatives reviewed included remaining in the current location at Gooseberry Point and relocating west of the current location within the proposed Lummi Nation marina. The study also outlined the potential for future upland expansion of queuing and parking on up to eight private parcels northwest of the existing marina. Figure 4 indicates where these three locations are located on Gooseberry Point. Figure 4: Gooseberry Point Terminal Improvement Option Locations Relocating the terminal will require an extensive environmental process involving significant time to complete. Therefore, we recommend a phased approach to development that includes structurally supporting the existing trestle structure in the next 10 years and beginning the environmental review process for relocating the terminal in the future. The environmental documents would include relocating the terminal to the Lummi Nation Marina site and potential upland expansion as properties become available. Moving forward with the terminal relocation would allow for dual -lane loading/unloading and reduce the time required to load and unload the vessel. While future expansion has the most significant challenges in acquiring private property as well as regulatory requirements, this future alternative would provide the most queuing and dedicated ferry parking off Haxton Way to improve safety, and it provides the maximum flexibility for sustainability of the ferry system. Lummi Island Ferry Terminal Proposed improvements at the Lummi Island ferry terminal include expanding the queuing capacity at the terminal, expanding the terminal building to include ADA-compliant restrooms, and adding a passenger -only ferry float for use during emergencies and when the vehicle ferry is out of service. To accommodate a larger 8 // KPFF Consulting Engineers 181 LUMMI ISLAND FERRY SYSTEM - LOS ANALYSIS vessel, the Lummi Island ferry terminal will require minor modifications to the existing structures. While major marine structure improvements are not proposed in this study, we recommend that when major repairs are necessary in the future, the work include widening the Lummi Island transfer span to accommodate dual -lane loading and unloading to decrease dwell time. Recommendations to Terminal Improvements Short-term: • Complete in -water modifications to the terminals necessary for the new vessel ($7-9 M) • Complete structural improvements to the Gooseberry Point trestle ($4.5 M) • Initiate environmental process for Gooseberry Point terminal relocation • Install cameras and TVMs • Complete Lummi Island upland improvements ($1.5 M) Recommendations to Terminal Improvements Long-term: • Install emergency passenger -only ferry float ($1 M) • Relocate Gooseberry Point terminal ($26.5 M) • Acquire properties as they become available on Gooseberry Point for upland expansion ($9.5 M) Financiai Forecast and Funding A ten-year financial forecast was prepared incorporating replacement of the Chief Whatcom with a 34-car vessel and the recommended terminal improvements. Operating Cost Funding Taking into account the Whatcom County Road Fund subsidy, the State Deficit Reimbursement fund allocation and without any increase in fares, the operating program shows a modest net operating income gain through 2021 with farebox recovery declining overtime if fares are not increased to maintain the pace of inflation. With an inflation level fare increase, the operating program shows a positive net operating income throughout the planning period. In 2026, when the replacement vessel comes online, operating expenses drop reflecting the lower cost of maintenance of the new vessel. The reduction in maintenance is offset slightly by the increased fuel consumption of the larger vessel. See Appendix F for the detailed financial forecast. Because operating costs increase each year with inflation, we recommend that fares be periodically adjusted to account for this increase to maintain the required farebox recovery level. Another option to increase farebox recovery without increasing fares for Lummi Island residents would be to apply a surcharge on non - prepaid fares. Recommendations for Operating Cost Funding Capital Cost Funding • Increase fares periodically with inflation. ' Vessel replacement and terminal improvements require significant capital investments. Investment Recommendations for Capital Cost Funding costs for the vessel beginning in 2024 and terminal • Phase improvements over time to build a improvements beginning in 2026 create significant diverse funding portfolio. y unmet funding needs. Phasing the improvements . Implement a ferry district to increase grant over time will allow Whatcom County to build a opportunities. complete funding portfolio leveraging a variety of . Implement a fare surcharge for recapitalization funding sources and mechanisms. Capital projects can be funded in a variety of ways, often through a of a future ferry. combination of funding mechanisms. The complete funding portfolio will likely draw on a number of local, state, and federal financing options. LOS Alternatives Analysis - Final Report // 9 182 LUMMI ISLAND FERRY SYSTEM - LOS ANALYSIS When considering grant options, it is important to consider that various grant sources may cover part of the cost, but grants must be matched with local funds typically in the range of 20 to 50%. For some grant programs, state funds can be used as matching funds for federal grants. Additionally, competition for grant funds can be stiff and it is likely that no single grant source will cover all of the costs. Appendix F provides a matrix of potential funding options, eligibility, and a funding outlook for the following options: Local Funds » County Bond Issuance » Special District Levies (such as Ferry District, Local Improvement District, Road Improvement District) » Road fund » General appropriation » Vessel replacement surcharge Competitive Grants » State - State CRAB Funding - Washington State Department of Ecology Volkswagen Settlement Funds » Federal - Federal grants (such as BUILD) - Federal Highway Administration grants (such as Ferry Boat Program, Surface Transportation Block Grant Program) - Bridge Replacement Advisory Committee (BRAC) funds Purbljc OutreacT As the desired LOS is driven by what experience the ferry passengers would like to have, receiving community input was necessary to conduct the LOS Alternatives Analysis. Community involvement and public outreach was conducted throughout this study. Outreach efforts included: » Monthly LIFAC meetings where members provided input on the LOS Alternatives Analysis and received consultant updates. In addition, LIFAC held open public work -sessions to have focused discussions on the LOS Alternatives Analysis and manage the process to work toward a recommendation. » Three public meetings were conducted during this study - November 16, 2017: Ferry System Improvements Input Gathering with round table discussions addressing LIFAC questions to prioritize ferry system improvements. - March 14, 2018: Existing and Future LOS and Alternatives Overview included a discussion of the existing LOS, and how it compares to other vessel capacities along with projected ridership. - May 22, 2018: Options and Costs outlined the terminal and vessel options, ROM costs, funding options, and projected operating costs. » LIFAC conducted two public surveys in February 2018 and May 2018 to understand how people use the ferry and which proposed ferry system improvements they would like to prioritize. » Public comments were collected throughout the project. 183 LUMMI ISLAND FERRY SYSTEM - LOS ANALYSIS Recommendations and Next Steps Based on the analysis conducted and the input received from the community, we recommend the following vessel characteristics, terminal improvements, implementation schedule and operational improvements to achieve the desired and sustainable LOS in the long term as well as next steps for implementation. Additionally, we have included a summary of how these recommendations meet the goals of Resolution 2017-012. Recommendations Measuring and Monitoring LOS » To measure the LOS, we recommend calculating the maximum service capacity (cars per sailing and sailings in service period), as well as the amount of vehicles carried in the service period. Performance metrics like percent capacity, on -time performance, and number of vehicles left behind can be documented and tracked on a weekly, monthly, and/or annual basis to inform operations and planning. Vessels » Based on the projected ridership and evaluation of LOS compared to what passengers experience today, we recommend the Whatcom Chief be replaced with a 34-car vessel. This vessel size is anticipated to accommodate the average demand projected for 2040 and estimated for 2060 for weekdays. » The vessel design should incorporate a hybrid diesel-electric fuel propulsion system to reduce emissions and fuel consumption as well as streamline conversion to all -electric propulsion in the future. » Up to $15 M to design and build. Terminal Improvements » Short-term (over next 10 years): - Complete in -water modifications to the terminals necessary for the new vessel (up to $9 M) - Complete short-term structural improvements to the Gooseberry Point trestle (up to $4.5 M) - Initiate environmental process for Gooseberry Point terminal relocation - Install cameras as well as TVMs and/or online ticketing systems - Complete Lummi Island upland improvements ($1.5 M) » Long-term (over next 20-30 years): - Install emergency passenger -only ferry float ($1 M) - Relocate Gooseberry Point terminal ($26.5 M) - Acquire properties as they become available on Gooseberry Point for upland expansion ($9 M) Operational Improvements » Passenger and bicycle throughput time can be decreased by providing a separated lane, allowing them to load and unload simultaneously with vehicles. If this option is not feasible, allowing passengers and bicycles to queue as short a distance as possible from where they will load on the vessel will reduce load/unload time. » Consider congestion pricing that increases the full fare during peak periods (such as peak seasons or peak times of day). This pricing structure can shift passengers' travel patterns to travel at less congested time periods of the day, thus saving time and money. » Implement an online and on -site ticketing system to speed up the onboard fare collection process and reduce the risk of holding the ferry during busy sailings while fares are collected. » Provide a live camera feed of the queuing lanes to give customers an idea of anticipated wait times. LOS Alternatives Analysis - Final Report // 11 He LUMMI ISLAND FERRY SYSTEM — LOS ANALYSIS Funding Approach » Implement a vessel replacement surcharge. » Increase fares periodically at the rate of inflation to achieve the specified farebox recovery of 55%. » Seek out all grant funding opportunities for capital projects. » Institute a ferry district to expand dedicated ferry revenues and to become eligible for greater levels of grant funding from CRAB. Next Steps 1. Institute a ferry district and plan for future vessel replacement surcharge. 2. Install cameras to view the ferry queue and provide a live feed for passengers to monitor the queue. 3. Determine an online ticketing approach and/or ticket vending machine option to purchase and install. 4. Begin preliminary design of the vessel. 5. Once the vessel geometry and specifications are designed, design the marine structure modifications required to fit the new vessel in the existing terminals. 6. Initiate the CRAB funding process by requesting a call for projects in spring 2021. Each recommendation listed above addresses goals established by LIFAC and elements of the LIFAC Action Plan provided in Resolution 2017-012. Table 1 identifies each goal of the resolution and components of the Action Plan, the recommendation that addresses that goal and a timeframe for implementation. Table 1: Resolution 2017-012 Goals, Recommendations and Timeframe for Implementation Goals of the Lummi Island LOS Provide a vessel that will: Continue to meet and comply with current U.S. Coast Guard safety standards. Comply with the Americans with Disabilities Act Accommodate legal loads of vehicles per Washington State Commercial Vehicle Guide. Balance capacity against operating costs (fuel, personnel, etc.) to ensure affordable fares over the long run, including needs -based fares. Optimize vehicle demand, deck space and trip frequency to minimize wait times. Accommodate all walk-on passengers during typical peak times. To the greatest extent possible, provide a carbon neutral vessel. 12 // KPFF Consulting Engineers Recommendation Timeframe Include in vessel design standards. At Vessel Design Include in vessel design standards. Part of Gooseberry Point terminal relocation. 34-car vessel has lowest risk of increasing crew size. Operating costs lower than the Chief. 34-car vessel Include in vessel design Hybrid diesel-electric provides flexibility for future electric conversion At Vessel Design Long-term / At Terminal Design Short-term Short-term At Vessel Design At Vessel Design 185 LUMMI ISLAND FERRY SYSTEM — LOS ANALYSIS _ Goals of the Lummi Island LOS Recommendation Timeframe 1.b. Provide parking spaces at both landings to Parking expansion on Gooseberry Long-term accommodate dry dock times as well as peak Point as private property becomes walk-on commuters. available. I.C. Provide an alternative location on Gooseberry Lummi Nation Marina site provides Long-term Point for the current landing site. similar service frequency and LOS. Other sites evaluated did not _ maintain the desired LOS. 1.d. Build and maintain all infrastructures to Include in terminal design Long-term / At accommodate the 100-year sea level rise standards. Terminal Design prediction by NOAA. , 2.b. Ferry System Action Plan will provider V. Quantifiable measurements for the adopted • 34-car vessel is anticipated to • Short-term LOS, e.g. Volume/Capacity and no more than provide LOS of no more than two boat wait times as measured during two boat wait during peak weekday peak periods. weekday periods. • Measure LOS through tracking • Short-term capacity and vehicles left behind to monitor vehicle wait _ times. vi. Specific recommendations for service facilities • Ticket -vending machines or . Short-term to include but not limited to: restrooms, off -ferry online ticketing ticketing kiosk, parking area security. . ADA restrooms on Lummi • Short-term Island • Parking area expansion on • Long-term Gooseberry Point vii, Preliminary estimated costs to complete the • Up to $30 million • Short-term improvements for the adopted LOS. ■ Up to additional $37 million . Long-term viii. Preliminary alternatives in funding the • Ferry District • Short-term necessary improvements. • Initiate CRAB Funding • Short-term • Apply for grants • Short-term and Long-term • Plan for vessel replacement • Short-term surcharge LOS Alternatives Analysis — Final Report // 13 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2018 76 D CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Ori inator: Council 7/2/2018 7/10/2018 SCOTW Division Head: 7/24/2018 SCOTW ��• De G Head: Prosecutor: Purchasin /Bud el: Executive: TITLE OF DOCUMENT: Discussion of Preliminary Draft Comp Plan and Zoning Code Amend mnts-Cherry Point ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY 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.) Discussion of preliminary draft Comprehensive Plan and Zoning Code amendments - Cherry Point COMMITTEE ACTION: COUNCIL ACTION.• 7/10/2018: Discussed and amended 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.uslcouncih- 187 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-778-5900, TTY 800-833-6384 360-778-5901 Fax Memorandum July 17, 2018 TO: The Honorable Jack Louws, Whatcom County Executive The Honorable Whatcom County Council FROM: Matt Aamot, Senior Planner THROUGH: Mark Personius, Director m'7 RE: Cherry Point Amendments (PLN2018-00009) Mark Personius Director As you know, the Whatcom County Council approved Resolution 2018-015 on April 24, 2018 relating to the Cherry Point Urban Growth Area (UGA). This resolution addressed four basic issues: Requiring conditional use permits, Requiring master site planning; Reviewing and revising SEPA policy; and ■ Reviewing and revising provisions for change of use and occupancy. The Council's Special Committee of the Whole (SCOTW) met with staff on May 8, May 22, June 5, June 19, and July 10, 2018 to review existing County policies & regulations and provide further direction (preliminary working draft policy and code amendments reflecting Council direction through July 10 are attached). At the July 10 meeting, the relationship between County permits and state/federal permits was raised. The Cascadia Law Group's Reducing Impacts from Fossil Fuel Projects Report to the Whatcom County Council (Feb. 2018) states: ... The Major Project Permits criteria here could also include provisions tailored to Whatcom County and to the issues the Cherry Point Heavy Industrial District presents. A decision -making criterion could be added that requires any necessary state leases to have been already acquired for any piers or aquatic lands improvements, and to have already met any federal permitting needs, including properly addressing tribal treaty rights or the provisions of the Magnuson Amendment. This would not have the County enforcing the provisions of state or federal law; it would merely have the County requiring a demonstration in advance of County approvals that all federal and state approvals have been completed. Alternatively, the County could make acquisition of such state or federal approvals a condition of perfecting any local approval. .. (p. 24, see also p. 31). um Cascadia's report suggests two alternatives: Alternative # 1 - Require an applicant to obtain state and federal approvals prior to County approval of a major project permit; or Alternative # 2 - Require an applicant to obtain state and federal approvals as a condition of a County major project permit. Concern has been expressed about allocating County staff time and resources to process County permits for major proposals that have not yet received federal or state permits. Alternative # 2 above would maintain the status quo, and would not change the County's time spent processing major project permit applications. Alternative # 1 above may not save much County time either. An applicant could pursue state and federal approvals in parallel with the County permitting process. In fact, most County work could be completed on the application (while the applicant is simultaneously pursuing state and federal permits) except final approval by the County Council. Typically, the bulk of the County's staff time and resources would have been expended by this point in the process. Alternative # 1 may result in placing the County permit application on hold for an extended period of time, after most of the permit process has been completed, until the state and federal permit decisions are issued. County Planning staff, including long range planning, current planning (that performs land use permitting), and management consulted with the Executive's Office on this issue. After discussion, we recommend that the Council simply maintain the existing code relating to this issue. Existing Whatcom County Code (WCC) 16.08.157.A, adopted last year (Ordinance 2017-005), states: When there are grounds independent of SEPA that merit denial of a proposal that is undergoing preparation of a SEPA environmental impact statement (EIS), whether ongoing or postponed by the applicant, the county shall deny the application(s) related to the proposal, following receipt of a recommendation of denial from the responsible official, if the following requirements are met: ... Prior to completion of the EIS, the applicant has received a denial of a necessary permit or other authorization by another federal, state or local agency with jurisdiction on grounds independent of SEPA, without which the project cannot go forward. The existing code provides a balanced approach that allows: An applicant to simultaneously pursue permits at the local, state, and federal government levels. This approach appears to be anticipated by the Local Project Review statute, which states that "A local government may combine any hearing on a project permit with any hearing that may be held by another local, state, regional, federal, or other agency provided that the hearing is held within the geographic boundary of the local government..." (RCW 36.70B.110(7)). The County to deny the local permit if a project (that requires an EIS) is denied by the federal or state government. i• We recommend maintaining the existing code. However, if the County Council wants to require an applicant to comply with state and federal law prior to County approval of a major project permit, it could add the following language to WCC 20.88.100: .130 Pursuant to WCC 22.05.120 the hearing examiner shall recommend to the county council project approval, approval with conditions, or denial, based upon written findings and conclusions supported by the evidence of record. The hearing examiner's recommendation and county council's decision shall determine the adequacy of a major project permit application based on the following criteria: (1) Will comply with the development standards and performance standards of the zone in which the proposed major development will be located; provided where a proposed major development has obtained a variance from the development and performance standards, standards as varied shall be applied to that project for the purposes of this act. (2) Where the project is conditionally permitted in the zone in which it is located, the project must satisfy the standards for the issuance of a conditional use permit for the zone in which the project is located. (3) Will be consistent with applicable laws and regulations. (4) Will not substantially interfere with the operation of existing uses. (5) Will be served by, or will be provided with essential utilities, facilities and services necessary to its operation, such as roads, drainage facilities, electricity, water supply, sewage disposal facilities, and police and fire protection. Standards for such utilities, facilities and services shall be those currently accepted by the state of Washington, Whatcom County, or the appropriate agency or division thereof. (6) Will not impose uncompensated requirements for public expenditures for additional utilities, facilities and services, and will not impose uncompensated costs on other property owned. (7) Will be appropriately responsive to any EIS prepared for the project. (81 Will have obtained if required, a stake aquatic lands lease a federal permit under Section 10 of the Rivers and Harbors Act for structures in or over navigable waters of the U.S.)_, and/or a federal permit under Section 404 of the Clean Water Act for fill into waters of the U.S.prior to count council agproval of the major project permit. While (8) above could read "all state and federal approvals," it may be difficult to determine, with certainty, all the state and federal permits that may be needed. The language above takes a practical approach, focusing on major state and federal approvals required for over -water construction. 190 191 Preliminary Draft - July 17, 2018 Exhibit A Whatcom County Comprehensive Plan Amendments Amend the Whatcom County Comprehensive Plan (Chapter 2 - Land Use) as follows: 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 about 4,400 acres of the total Cherry Point industrial lands. A fourth large tract of undeveloped land constituting approximately 1,500 acres is designated for industrial development. Because of the special characteristics of Cherry Point, including deep water port access, rail access, and proximity to Canada, this area has regional significance for the siting of large industrial or related facilities. General Petroleum constructed the Ferndale Refinery in 1954, Alumax/Pechiney/Howmet constructed the Aluminum Smelter in 1966, and the Atlantic Richfield Company constructed the Cherry Point Refinery in 1971. The existing industries in the Cherry Point UGA which Provide significant employment, have produced and shipped refined fossil fuels and other products for decades. 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/Georgia Strait and greater 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, governments have increased their recognition of the observed and projected effects that fossil fuel extraction, transportation and use have on human health and the environment. 192 Preliminary Draft - July 17, 2018 Policy 2CC-11: It is the policy of Whatcom County to limit the number of industrial piers at Cherry Point to the existing three piers, taking into account the need to: •1 ieneF any exmsting Yested Fmghts ef etheF legally enfereea~ble e real deck/pie.-,, Update the Whatcom County Shoreline Master Program to conform with this policy; • Encourage the continued agency use of best available science; • Support and remain consistent with the state Department of Natural Resources' withdrawal of Cherry Point tidelands and bedlands from the general leasing program and the species recovery goals of the Cherry Point Aquatic Reserve designation and Management Plan; • Recognize federal actions upholding treaty rights; • Protect traditional commercial and tribal fishing; and • Prevent conflicts with vessel shipment operations of existing refineries that could lead to catastrophic oil or fuel spills. Policy 2CC-16: The County will, through applicable permitting processes,sl�a�+ u n derta ke-astudy te be eempleted 241q -ts ex�ri Ham- tt- --lauds, i nekKl4 a-g4has�-relied fib. , permitting, eleEtrieal, nuisance, and fire des, and develop Feeemn9efidatiens f8F lefjal ways the Getinty may eheese te seek to limit the negative impacts on public safety, transportation, the economy, and environment from new or expanded crude oil, coal, liquefied petroleum gases, afr d--natural gas, and hazardous substance exports from the Cherry Point UGA above levels in existence as of March 1, 2017. 2 193 Preliminary Draft - July 17, 2018 Based en4he beye—s fl pfeick t5Fib` Plan afnenelffients evu- irrrdrr'rire am-ren-urr•scrrrsr6f Gounell consideratien as seen as passible-. Until the above nt.ieme., .,,tee^� _�eFTCGd�i he Prosecuting Attorney and/or the County Administration should provide the County Council written notice of 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. Policy 2CC-17: Policy 2CC-16 shall not limit existing operations or maintenance of existing facilities as of March 1, 2017. Amend the Whatcom County Comprehensive Plan (Appendix A - Glossary) as follows: Hazardous Substance: Any liquid, solid as or sludge, including any material substanceproduct, commodity, -or waste regardless of quantity, that exhibits an of the physical. chemical or biological properties described in WAC 173-303-090 and or 173-303-100. 3 194 Preliminary Draft - July 17, 2018 Exhibit B Whatcom County Code Title 20 Amendments Light Impact Industrial (Ul) District Amend WCC 20.66.050, LII Permitted Uses, as follows: .063 Rail, truck and freight terminals; warehousing and storage; parcel delivery service; freight forwarding; inspection weighing services; and packaging and crating, accept that new or expanded crude oil,_ liquefied petroleum gas, and natural as facilities require a conditional use permit. .067 Construction contractors' business offices and related storage and equipment yards. .068 Wholesale trade or storage of durable and nondurable goods including automobile parts and supplies; tires and tubes; furniture and home furnishings; lumber and other construction materials; sporting goods, toys and hobby goods; metal service centers and offices; electrical goods; hardware, plumbing and heating equipment; machinery equipment and supplies; jewelry, watches and precious stones; other durable goods; paper and paper products; drugs, proprietaries and sundries; apparel, piece goods and notions; groceries and related products; beer, wine and distilled beverages; waste bottles; waste boxes; rags; waste paper; wiping rags and miscellaneous nondurable goods; pfe 4ded, heweveF except that _, _rade, storage or processing of sulphur shall be prohibited_ (2) New or expanded crude oil, liquefied petroleum gas, and natural gas facilities require a conditional use permit. .081 Freight railroad switching yards and terminals; except that new or expanded crude oil, -liquefied petroleum gas, and natural gas Facilities require a conditional use permit. Amend WCC 20.66.150, LII Conditional Uses, as follows: .170 New or expanded transportation, storage, and distribution facilities for crude oil, liquefied petroleum gas, andlor natural �as. Amend WCC 20.66.200, LII Prohibited Uses, as follows: .204 Bulk coal storage facilities. 0 195 Preliminary Draft - July 17, 2018 Pea% y Impact Industrial (1411) District Amend WCC 20.68.050, HII Permitted Uses, as follows: .054 The following are permitted uses except as otherwise prohibited: (1) The manufacture and process of paper including pulp, paper and paperboard mills; and building paper and board mill products. (2) The manufacture and processing of chemicals and allied products including industrial inorganic and organic chemicals; synthetic resins, rubber, fibers and plastic materials; soap, detergents and cleaning preparations; paint, linseed oil, shellac, lacquer and allied products; chemicals from gum and wood; and agricultural chemicals. (3) Refining and accessory storage of petroleum and asphalt. On July 10, 2018, the County Council's Special Committee of the Whole provided direction to continue to allow accessory storage of refined petroleum products (such as gasoline) as a permitted use. Question: Storage of crude oil for export would require a conditional use permit. Is it Council's intent to allow new or expanded storage facilities for crude oil that will be refined on -site as a permitted use or require a conditional use permit in the Heavy Impact Industrial zone? (4) The manufacture and processing of rubber and plastic products. (5) Leather tanning and finishing. (6) The manufacture and processing of cement and glass; and concrete, gypsum, plaster, abrasive, asbestos and nonmetallic mineral products. (7) Primary metal industries including blast furnaces and steel works; mills for primary smelting, secondary smelting, refining, reducing, finishing, rolling, drawing, extruding, and casting of ferrous and nonferrous metals; and the manufacture of miscellaneous metal products. .059 Bulk commodity storage facilities, and truck, rail, vessel and pipeline transshipment terminals and facilities; except that new or expanded crude oil, liquefied petroleum gas, and natural gas facilities require a conditional use permit. .081 Freight railroad switching yards and terminals; except that new or expanded crude oil liquefied petroleurn gas. and natural gas facilities require a conditional use permit. KUT; =Yirllr.iil�1J1[.IIR� LK�L.l1R�1V 5 196 Preliminary Draft - July 17, 2018 WCC 20.68.100, HII Accessory Uses, currently allows: .105 Other accessory uses and buildings, including security services, customarily appurtenant to a principally permitted use. Note: No changes are currently proposed to WCC 20.68.105. It is included for informational purposes. Amend WCC 20.68.150, HII Conditional Uses, as follows: .170 New or expanded tranapartation�storage,_and distribution facilities for crude oil, liquefied petroleum gas, and/or natural gas. Amend WCC 20.68.200, HII Prohibited Uses, as follows: 201 New piers in the Cherry Point Urban Growth Area. Reser=ve-d- .204 Bulk coal storage facilities. L 197 Preliminary Draft - July 17, 2018 Public Utilities Chapter Amend WCC 20.82.030, Conditional Uses in the Public Utilities Chapter, as follows: 20.82.030 Conditional uses. The following uses shall require a conditional use permit jer- p e"er-r:rit artd-slid i I tee } (1) Petroleum Pipelines - Pipelines carrying --petroleum, petroleum products, and/or liquefied petroleum gas, except For, .(a) Replacement pipelines that are no larger than the pipelines being replaced, which are permitted. b Natural gas i elines which are regulated as set forth in 2 below. Transmissionpipelines es ted a distpibutien pipeline but having el-ar-ac-teristi i petfal-euFn-an4-petf-Blei�-F -pl foduct hef—��nattw}- qas--w-hentieh popelines-Will ^U'I_ 'fut- thf L. Lei lit 1 uia Li lyL classified av-�- 1FiEl. st FOa! 1T1L1"C77LTTCfr (2) Natural Gas Pipelines - Pipelines carrying_natural gas, except for: a Replacement pipelines that are no lar er than the pipelines beinci replaced which are permitted. b Distribution lines that provide service directly -to customers For consumption, which are permitted. Regienal transngission-"elines fer the bulk, f if It. but having L definitmenn of a- t-ran,miss+snpipeline. Exeept for the ,1 eve . .tuns-eteral whieh are owned and epeFated- by -a gas Fegulated by the State Utilities and T-FamspeF on lF )1 distFt�f$" vv - te eBunty EFttreigsrrra-=I... i eases--shalrnl Fiet be—ean tFai9sn9*ssOen l Ho Preliminary Draft - July 17, 2018 11aj®r P 'ect Permif- Ch(4 Amend INCC 20,88.215, Major Project Permit Procedures, as follows: .215 Procedures. Major project permit f+ este n review shall be conducted under current review procedures. Other land use reviews may be conducted concurrently with the n-ia'or project ermitm-ate -p+an review. (a) Any media^r,s, additiefts�changes to an approved major proiec- ep rmitmasteF plaff are subject to the following: (i) Minor changes require approval of the zoning administrator, upon consultation with the technical committee. Minor changes are those amendments which may affect the dimensions, location and type of improvements of facilities; provided, the amendment maintains the basic character of the major project permit application approved by the county council including general type and location of dwellings_ and other land use activities, arrangement of buildings, density of the development, and provisions of the project to meet density bonus and open space requirements: and provided further, the standards of this chapter are met. ►Ri�seiJ�.ars��iis+tnlw�ii.■is:.rw.rKewriiui.�u.i�i�w�ii.+iia�irawi.�a�■.a3iwlCi�� (ii) Major changes require approval of the county council. Major changes are those amendments which, in the opinion of the zoning administrator, upon consultation with the technical committee substantially change the basic land use, design, density,. open space or other requirements of the major project permit. No building or other permit shall be issued without prior review and approval of major changes by the county council"er sub ject to —the type, subject to the fees as contained in the unified fee schedule. (iii) Major project permitsJWaster plans may include, as a condition of their approval, a requirement for periodic progress reports and mandatory updates on a predetermined interval. +++++ Council Special Committee of the Whole left off here on 7f 1012018 ++++ 199 Preliminary Draft - July 17, 2018 DeRnite®ns Chapter 20-97.434.1 Technical committee. "Technical committee" or "technical review committee" means the desicinated representatives of the Whatcom County Planning and DeveJopment Services Director, who shaft act as chairperson, the Whatcom County Public Works Director, and the Whatcom County Health Department ❑irector. 200 Preliminary Draft - July 17, 2018 Exhibit C Whatcom County Code Title 22 Amendments Amend WCC 22.05, Project Permit Procedures, as follows: 22.05.110 Final decisions - Type I, II, and III anelications. (1) The director or designee's final decision on all Type I or II applications shall be in the form of a written determination or permit. The determination or permit may be granted subject to conditions, modifications, or restrictions that are necessary to comply with all applicable codes. (2) The hearing examiner's final decision on all Type III applications per WCC 22.05.020 or appeals per 22.05.160(1) shall either grant or deny the application or appeal. (a) The hearing examiner may grant Type III applications subject to conditions, modifications or restrictions that the hearing examiner finds are necessary to make the application compatible with its environment, carry out the objectives and goals of the Comprehensive Plan, statutes, ordinances and regulations as well as other official policies and objectives of Whatcom County. (b) Performance bonds or other security, acceptable to the prosecuting attorney, may be required to ensure compliance with the conditions, modifications and restrictions. (c) Insurance Placeholder (de) The hearing examiner shall render a final decision within 14 calendar days following the conclusion of all testimony and hearings. Each final decision of the hearing examiner shall be in writing and shall include findings and conclusions based on the record to support the decision. (ed) No final decision of the hearing examiner shall be subject to administrative or quasi-judicial review, except as provided herein. 10 201 Preliminary Draft -July 17, 2018 ( ) The applicant, any party of record or any county department may appeal any final decision of the hearing examiner to superior court, except as otherwise specified in WCC 22.05.020. 22.05.120 Recommendations and final decisions -- Type IV applications. (1) For Type IV applications per WCC 22.05.020 the hearing examiner's recommendations to the county council may be to grant, grant with conditions or deny an application. The hearing examiner's recommendation may include conditions, modifications or restrictions as may be necessary to make the application compatible with its environment, carry out the objectives and goals of the Comprehensive Plan, statutes, ordinances and regulations as well as other official policies and objectives of Whatcom County. (2) Each recommended decision of the hearing examiner for an application identified as a Type IV application per WCC 20.05.020 shall be in writing to the clerk of the county council and shall include findings and conclusions based upon the record to support the decision. Such findings and conclusions shall also set forth the manner in which the decision carries out and conforms to the county's Comprehensive Plan and complies with the applicable statutes, ordinances or regulations. (3) The deliberation of the county council on quasi-judicial actions shall be in accordance with WCC 22.05.090(4) and Chapter 42.36 RCW. (4) For planned unit developments and major project permits the following shall apply: (a) The recommendation of the hearing examiner regarding planned unit developments and major project permits shall be based upon the criteria set forth in WCC 20.85.335 and 20.88.130, respectively. (b) The hearing examiner shall file the recommendation with the clerk of the county council within 21 calendar days following the conclusion of the open record hearing. (c) The county council shall conduct the following within the specified timeframes, except as provided in subsection (iii): (i) Hold a public meeting, not an open record public hearing, to deliberate on the project application within 28 calendar days after receiving the hearing examiner's recommendation. 11 202 Preliminary Draft - July 17, 2018 (ii) Issue a final written decision within 21 calendar days of the public meeting. (iii)The county council may exceed the time limits in subsection (i) or (ii) if the county council meeting schedule does not accommodate a meeting within the above timeframes, or if the county council makes written findings that a specified amount of additional time is needed to process a specific application or project type, per RCW 36.70B.080(1). (5) The county council's final written decision may include conditions when the project is approved and shall state the findings of fact upon which the decision is based. (a)Performance bonds or other securit��acceptable to the prosecutin[l attorney, may be_reguired to ensure compliance with the conditions, modifications and restrictions. L) Insurance Placeholder (6) Any deliberation or decision of the county council shall be based solely upon consideration of the record established by the hearing examiner, the recommendations of the hearing examiner and the criteria set forth in county code. 12 203 Preliminary Draft - July 17, 2018 SEPA - GHG Analysis Alternatives Alternative 1-Require GHG Analysis in EIS for Crude Oil, LPG, Natural Gas Facilities Add the following to WCC 16.08, State Environmental Policy Act: 16.08.121 Preparation of EIS - Greenhousegas analysis. If a draft EIS and final EIS or draft and final SEIS is required for new or expanded transportation, storage, or distribution facilities for crude oily_ liquefied petroleum gas, or natural qasthe EIS or SEIS shall include a greenhouse gas analysis. Alternative 2-Consider GHG Analysis in EIS for Crude Oil, LPG, Natural Gas Facilities Add the following to WCC 16.08, State Environmental Policy Act: 16.08.121 Preparation of EIS - Greenhouse gas analysis. If a DEIS and FEIS or draft and final_ SEIS is required for new or expanded transportation, storage, or distribution facilities For crude oil liquefied petroleum as or natural gas, the SEPA responsible official shall consult with affected agencies and determine whether to require a greenhouse gas analysis. 13 204 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2018 182 A CLEARANCES initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 6/12/2018 6/19/2018 Introduction Division Head: 7/10/2018 Introduction Dept. Head: 7/24/2018 Public Hearing Prosecutor: Ptorchasin /Budget: 11 Executive: l --1 TITLE OF DOCUMENT. Interim ordinance regs for siting & operation of homeless encampments ATTACHMENTS: Interim ordinance SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO SEPA review conipleted? ( ) Yes ( ) NO Requested Date: 7/10/2018 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.) An interim ordinance of Whatcom County, Washington relating to land use and zoning; declaring an emergency; adopting interim zoning regulations for the siting, establishment, and operation of temporary tent emcampments; and setting twelve months as the effective period of the interim zoing regulations to allow the County to study the land use impacts of such uses. COMMITTEE ACTION.• COUNCIL ACTION.• 7/10/2018: Discussed and amended 6/19/2018: Withdrawn. To be rescheduled at the next Council meeting 7/10/2018: Substitute Introduced 6-0, Ballew absent 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. 205 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive . Bellingham, WA 98226-9097 360-778-5900, TY 800-833-6384 360-778-5901 Fax Memorandum TO The Honorable Whatcom County Council FROM: Mark Personius, AICP, Director k'"'' DATE: June 29, 2018 Mark Personius, AICP Director SUBJECT: Interim Temporary Homeless Facilities Ordinance Attached is the Interim One -Year Temporary Homeless Facilities Ordinance requested by Council for Introduction at your July loth meeting. The proposed ordinance includes the changes requested by public commenters and Council at the June 19th meeting for the Emergency 60-Day Temporary Tent Encampment Ordinance (Ord. 2018-039). The draft One -Year Interim Ordinance also includes several additional changes from Ord. 2018-039. Most notably the proposal: • Allows for two distinct types of temporary homeless facilities —temporary "tent" encampments and temporary `tiny house" encampments; • Applies definitions, application requirements, conditions to protect public health and safety, and permitting process for such facilities, including duration of such facilities; + Requires consistency with applicable County development standards; and • Requires an operations plan be submitted and approved for site management of such facilities. Please feel free to contact me at 360-778-5950 with any questions or concerns. Thank you. Attachment: Interim Temporary Homeless Facilities Ordinance 1 206 I For Introduction 2 7-10-2018 3 PROPOSED BY: COUNTY COUNCIL 4 INTRODUCTION DATE: JULY 10, 2018 5 6 ORDINANCE NO. 7 (AN INTERIM ORDINANCE OF WHATCOM COUNTY, WASHINGTON) 8 9 ADOPTING INTERIM ZONING REGULATIONS FOR THE SITING, ESTABLISHMENT, 10 AND OPERATION OF TEMPORARY HOMELESS FACILITIES 11 12 WHEREAS, homelessness continues to be a local, regional and national challenge 13 due to many social and economic factors; and 14 15 WHEREAS, tent and tiny house encampments have become a temporary mechanism 16 for providing shelter for homeless individuals and families; and 17 18 WHEREAS, under RCW 36.01.290 the Washington State Legislature has authorized 19 religious organizations to host temporary encampments to provide shelter for homeless 20 individuals on property that these religious organizations own or control; and 21 22 WHEREAS, on June 19, 2018, the Whatcom County Council adopted an emergency 23 ordinance (Ordinance 2018-039) adopting regulations for the establishment and operation 24 of temporary tent encampments that is effective for 60 days; and 25 26 WHEREAS, the Whatcom County Code does not currently have permanent 27 provisions addressing the establishment and operation of temporary homeless facilities; and 28 29 WHEREAS, an emergency exists necessitating adoption of interim temporary 30 homeless facilities regulations and processing requirements to preserve and protect public 31 health and safety and prevent danger to public or'private property; and 32 33 WHEREAS, the proposed interim ordinance will replace Ordinance 2018-039 by 34 adopting interim regulations for one year; and 35 36 WHEREAS, interim zoning controls enacted under RCW 36.70A.390 and/or RCW 37 36.70.790 are methods by which the County may preserve the status quo so that new plans 38 and regulations will not be rendered moot by intervening development; and 39 40 WHEREAS, RCW 36.70A.390 and RCW 36.70.790 both authorize the enactment of 41 an interim zoning map, interim zoning ordinance, or interim official control without holding a 42 public hearing as long as a public hearing is held within at least sixty days of enactment; 43 and 44 45 WHEREAS, RCW 36.70A.390 provides that, "A county or city governing body that 46 adopts a moratorium, interim zoning map, interim zoning ordinance, or interim official 47 control without holding a public hearing on the propose d moratorium, interim zoning map, 48 interim zoning ordinance , or interim official control, shall hold a public hearing on the 49 adopted moratorium, interim zoning map, interim zoning ordinance , or interim official 50 control within at least sixty days of its adoption , whether or not the governing body 51 received a recommendation on the matter from the planning commission or department If 52 the governing body does not adopt findings of fact justifying its action before this hearing, 53 then the governing body shall do so immediately after this public hearing. A moratorium, 54 interim zoning map, interim zoning ordinance, or interim official control adopted under this Page 1 of 9 207 I section may be effective for not longer than six months, but may be effective for up to one 2 year if a work plan is developed for related studies providing for such a longer period. A 3 moratorium, interim zoning map, interim zoning ordinance, or interim official control may be 4 renewed for one or more six-month periods if a subsequent public hearing is held and 5 findings of fact are made prior to each renewal"; and 6 7 WHEREAS, in conformity with the responsibilities of Whatcom County to meet public 8 health, safety and welfare requirements and provide zoning and land use regulations 9 pursuant to state law, and the County's authority to regulate land use activity within its 10 corporate limits, the County intends to develop appropriate public health, safety and welfare 11 requirements and zoning and land use regulations for the establishment and operation of 12 temporary homeless facilities; and 13 14 WHEREAS, the County Council has determined it needs additional time to conduct 15 appropriate research to analyze the effects of the establishment and operation of temporary 16 homeless facilities; and 17 18 WHEREAS, interim zoning will provide the County with additional time to review and 19 amend its public health, safety and welfare requirements and zoning and land use 20 regulations related to the establishment and operation of temporary homeless facilities; 21 and 22 23 WHEREAS, interim zoning will also allow qualifying religious organizations and 24 registered not -for -profit, tax exempt 501(c)(3) organizations the opportunity to establish 25 and operate temporary homeless facilities; and 26 27 WHEREAS, a determination of non -significance (DNS) was issued under the State 28 Environmental Policy Act (SEPA) on July 3, 2018; and 29 30 WHEREAS, the County Council concludes that the County does have the authority to 31 establish an interim zoning ordinance and that the County must adopt interim zoning 32 concerning the establishment and operation of temporary homeless facilities to act as a 33 stop- gap measure: (a) to provide the County with an opportunity to study the issues 34 concerning the establishment and operation of temporary homeless facilities and 35 prepare appropriate revisions to the County's codes and regulations; (b) to protect the 36 health, safety, and welfare of the citizens of Whatcom County by avoiding and 37 ameliorating negative impacts and unintended consequences of establishing and 38 operating temporary homeless facilities and (c) to avoid applicants possibly establishing 39 vested rights contrary to and inconsistent with any revisions the County may make to its 40 rules and regulations as a result of the County's study of this matter; and 41 42 WHEREAS, the County Council adopts the foregoing as its findings of facts justifying 43 the adoption of this Ordinance; and 44 45 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: 46 47 Section 1. Findings of Fact. The County Council adopts the above "WHEREAS" recitals 48 as findings of fact in support of its action as required by RCW 36. 70A.390 and RCW 49 36.70.790. 50 51 Section 2. Regulations established. Regulations concerning the establishment and 52 processing of applications for temporary homeless facilities in unincorporated Whatcom 53 County are hereby established. Establishing such facilities contrary to the provisions of 54 this ordinance is prohibited. Administrative Use approvals shall be required for Page 2of9 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 51 52 53 54 temporary homeless facilities in the County. Applications for administrative use approvals, land use approvals, or any other permit or approval, in any way associated with temporary homeless facilities, shall not be processed, issued, granted, or approved unless in compliance with this ordinance. If a temporary homeless facility is established in violation of this ordinance or if, after an administrative use permit is issued for the same, the director of the planning and development services department determines that the permit holder has violated this ordinance or any condition of the permit, the temporary homeless facility, its sponsor and managing agency shall be subject to code enforcement and all activities associated with the temporary homeless facility shall cease, and the site shall be vacated and restored to its pre -encampment conditions. Section 3. Definitions. The following definitions apply to temporary homeless facilities: A. "Temporary homeless facility" means a facility providing temporary housing accommodations that includes a sponsor and managing agency, the primary purpose of which is to provide temporary shelter for people experiencing homelessness in general or for specific populations of the homeless. Temporary homeless facilities include temporary tent encampments and temporary tiny house encampments. B. "Temporary tent encampment" means a short-term living facility for a group of homeless people that is composed of tents or other temporary structures, as approved by the director, on a site provided or arranged for by a sponsor with services provided by a sponsor and supervised by a managing agency. C. "Temporary tiny house encampment" means a temporary homeless facility for a group of people living in purpose-built tiny houses for people experiencing homelessness, as approved by the director, on a site provided or arranged for by a sponsor with services provided by a sponsor and supervised by a managing agency. Temporary tiny houses for the homeless are typically less than 200 square feet and easily constructed and moved to various locations. For the purposes of this ordinance, temporary tiny homes are not dwelling units and, as such, are not required to meet building codes. D. "Managing agency" means an organization identified as the manager of a temporary homeless facility that has the capacity to organize and manage a temporary homeless facility. Managing agencies are limited to religious organizations and non-profit agencies. A "managing agency" may be the same entity as the sponsor. E. "Sponsor " means an organization that : 1. invites a temporary homeless facility to reside on land they own or lease; and 2. is a State of Washington registered not -for -profit corporation and federally recognized tax exempt 501(c)(3) organization; or 3. is recognized by the Internal Revenue Service as exempt from federal income taxes as a religious organization, which expresses its religious mission, in part, by organizing living accommodations for the homeless. F. "Director" means the Planning and Development Services Department Director, Section 4. Requirements. The following requirements shall apply to all temporary homeless facilities approved under this ordinance, unless modified by the director through approval of an administrative use permit. Page 3 of 9 209 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 51 52 53 54 A. The encampment shall be located a minimum of 20 feet from the property line of abutting properties containing commercial, industrial, and multifamily residential uses. The encampment shall be located a minimum of 40 feet from the property line of abutting properties containing single-family residential or public recreational uses, unless the director finds that a reduced buffer width will provide adequate separation between the encampment and adjoining uses, due to changes in elevation, intervening buildings or other physical characteristics of the site of the encampment. B. No temporary homeless facility shall be located within a critical area or its buffer as defined by Whatcom County Code (WCC) 16.16 or 23. C. A temporary homeless facility shall comply with the applicable development standards of Whatcom County Code Title 20 Zoning, except that temporary homeless facilities shall not be considered structures for the purposes of calculating parcel's total lot coverage, as defined by WCC 20.97.217. D. A six -foot -tall fence is required around the perimeter of the encampment to limit access to the site for safety and security reasons; provided, that the fencing does not create a sight obstruction at the street or street intersections or curbs as determined by the county engineer, unless the director determines that there is sufficient vegetation, topographic variation, or other site conditions such that fencing would not be needed. E. Exterior lighting must be directed downward and glare contained within the temporary encampment. F. The maximum number of residents at a temporary encampment site shall be determined by the director taking into consideration site conditions, but in no case shall the number be greater than fifty (50) people. G. On -site parking of the sponsor shall not be displaced unless sufficient required off- street parking remains available for the host's use to compensate for the loss of on- site parking or unless a shared parking agreement is executed with adjacent properties. H. A transportation plan, including provisions for transit, and pedestrian and bicycle ingress and egress to the encampment, shall be submitted for review and approval. No children under the age of 18 are allowed to stay overnight in the temporary encampment, unless accompanied by a parent or guardian. If a child under the age of 18 without a parent or guardian present attempts to stay at the encampment, the sponsor and the managing agency shall immediately contact Child Protective Services and shall actively endeavor to find alternative shelter for the child. The sponsor or managing agency shall provide and enforce a written code of conduct, which not only provides for the health, safety and welfare of the temporary encampment residents, but also mitigates impacts to neighbors and the community. A copy of the code of conduct shall be submitted to the County at the time of application for the administrative use permit. Said code shall be incorporated into the conditions of approval. The managing agency shall post the Page 4 of 9 210 I County approved written code of conduct on site. 2 3 K. An operations plan must be provided that addresses site management, site 4 maintenance, and provision of human and social services. Individuals or 5 organizations shall have either a demonstrated experience providing similar 6 services to homeless residents; and/or certification or academic credentials in an 7 applicable human service field; and/or applicable experience in a related program 8 with a homeless population. Should an individual or organization not have any of 9 the preceding qualifications, additional prescriptive measures may be required to 10 minimize risk to both residents of the temporary homeless facility and the 11 community in general. 12 13 L. The sponsor and the managing agency shall ensure compliance with Washington 14 State laws and regulations and the Whatcom County Health Department's 15 regulations concerning, but not limited to, drinking water connections, solid 16 waste disposal, and human waste. The sponsor and the managing agency shall 17 permit inspections by local agencies and/or departments to ensure such 18 compliance and shall implement all directives resulting therefrom within the 19 specified time period. 20 21 M. The sponsor and managing agency shall assure all applicable public health 22 regulations, including but not limited to the following, will be met for: 23 24 1. Potable water, which shall be available at all times at the site; 25 2. Sanitary portable toilets, which shall be set back from all property lines as 26 determined by the director; 27 3. Hand -washing stations by the toilets and food preparation areas; 28 4. Food preparation or service tents; and 29 5. Refuse receptacles. 30 31 N. Public health regulations (WAC 246.215 and WCC 24.03) on food donations and 32 food handling and storage, including proper temperature control, shall be 33 followed and homeless encampment residents involved in food donations and 34 storages shall be made aware of these Whatcom County Health Department 35 requirements. 36 37 O. The sponsor and the managing agency shall designate points of contact and 38 provide contact information (24 hour accessible phone contact) to the chief 39 criminal deputy of the Whatcom County Sheriff or his/her designee. At least one 40 designated point of contact shall be on duty at all times. The names of the on- 41 duty points of contact shall be posted on -site daily and their contact information 42 shall be provided to the Whatcom County Sheriff's Office as described above. 43 44 P. Facilities for dealing with trash shall be provided on -site throughout the 45 encampment. A regular trash patrol in the immediate vicinity of the temporary 46 encampment site shall be provided. 47 48 Q. The sponsor and the managing agency shall take all reasonable and legal steps to 49 obtain verifiable identification information, to include full name and date of 50 birth, from current and prospective encampment residents and use the 51 identification to obtain sex offender and warrant checks from appropriate 52 agencies. The sponsor and the managing agency shall keep a current log of 53 names and dates of all people who stay overnight in the encampment. This log 54 shall be available upon request to law enforcement agencies and prospective Page 5 of 9 211 I encampment residents shall be so advised by the sponsor and managing agency. 2 Persons who have active warrants, or who are required to register as sex 3 offenders, are prohibited from the encampment's location. 4 5 R. The sponsor and the managing agency shall immediately contact the Whatcom 6 County Sheriff's Office if someone is rejected or ejected from the encampment 7 when the reason for rejection or ejection is an active warrant or a match on a sex 8 offender check, or if, in the opinion of the on -duty point of contact or on -duty 9 security staff, the rejected/ejected person is a potential threat to the community. 10 11 S. Tents over 300 square feet in size and canopies in excess of 400 square feet shall 12 utilize flame retardant materials. 13 14 T. The sponsor, the managing agency and temporary encampment residents shall 15 cooperate with other providers of shelters and services for homeless persons 16 within the County and shall make inquiry with these providers regarding the 17 availability of existing resources. 18 19 U. The sponsor and/or managing agency shall provide before -encampment photos of 20 the host site with the application. Upon vacation of the temporary encampment, 21 all temporary structures and debris shall be removed from the host site within 22 one calendar week. 23 24 V. Upon cessation of the temporary encampment, the site shall be restored, as near 25 as possible, to its original condition. Where deemed necessary by the director, 26 the sponsor and/or managing agency shall re -plant areas in which vegetation had 27 been removed or destroyed. 28 29 Section 5. Frequency and duration of temporary homeless facilities. 30 31 A. No more than a maximum of 100 people may be housed in temporary homeless 32 facilities (encampments) located in the unincorporated County at any time. 33 Multiple encampment locations may be permitted provided that the aggregate 34 total of people in all temporary tent and/or tiny house encampments shall not 35 exceed 100. 36 37 B. The director shall not grant a permit for the same site more than once in any 38 calendar year; provided that director is not authorized to issue a permit for the 39 same site sooner than 180 days from the date the site is vacated as provided for 40 in Section 4 of this ordinance. 41 42 C. Temporary tent encampments may be approved for a period not to exceed 180 43 days. The director may grant one 180-day extension, provided all conditions have 44 been complied with and circumstances associated with the use have not changed. 45 This extension shall be subject to a Type II review process and may be appealed 46 to the hearing examiner as provided in WCC 22.05.020(1). The permit shall 47 specify a date by which the use shall be terminated and the site vacated and 48 restored to its pre -encampment condition. 49 50 D. Temporary tiny house encampments may be approved for a period of between 51 six months and up to one year, provided the sponsor and managing agency 52 comply with all permit conditions. The director may grant one or more 53 extension(s) not to exceed one additional year, provided enabling legislation 54 allows so. Extensions are subject to a Type II review process and may be Page 6 of 9 212 I appealed to the hearing examiner as provided in WCC 22.05.020(1). The permit 2 shall specify a date by which the use shall be terminated and the site vacated 3 and restored to its pre -encampment condition. 4 5 Section 6. Permit required. Establishment of a temporary homeless facility shall require 6 approval of an administrative use permit, as described in this ordinance, and compliance 7 with all other applicable County regulations. The director shall have authority to 8 grant, grant with conditions or deny an application for an administrative use permit 9 under this ordinance. 10 11 Section 7. Application. Application for an administrative use permit shall be made on 12 forms provided by the County, and shall be accompanied by the following information; 13 provided, that the director may waive any of these items, upon request by the applicant 14 and finding that the item is not necessary to analyze the application. An application to 15 establish a temporary homeless facility shall be signed by both the sponsor and the 16 managing agency ("applicant") and contain the following: 17 18 A. A site plan of the property, drawn to scale, showing existing natural features, 19 existing and proposed grades, existing and proposed utility improvements, 20 existing rights -of -way and improvements, and existing and proposed structures, 21 tents and other improvements (including landscaping and fencing at the 22 perimeter of the proposed encampment and the property and off-street parking); 23 B. A vicinity map, showing the location of the site in relation to nearby streets and 24 properties; 25 C. A written summary of the proposal, responding to the standards and 26 requirements of this ordinance; 27 D. The written code of conduct, operations plan and a transportation plan as 28 required by this ordinance; 29 E. Statement of actions that the applicant will take to obtain verifiable identification 30 from all encampment residents and to use the identification to obtain sex 31 offender and warrant checks from appropriate agencies; 32 F. Project statistics, including site area, building coverage, number and location of 33 tents and temporary structures, expected and maximum number of residents, 34 and duration of the encampment; 35 G. Address and parcel number of the subject property; 36 H. Photographs of the site; 37 I. A list of other permits that are or may be required for development of the 38 property (issued by the County or by other government agencies), insofar as 39 they are known to the applicant; 40 1 Permit fees for temporary homeless facilities shall be in accordance with WCC 41 22.25; 42 K. A list of any requirement under this ordinance for which the applicant is asking to 43 modify. 44 45 Section S. Permit Procedures. 46 47 A. Notice. All temporary homeless facility applications shall be reviewed under a 48 Type II process under WCC 22.05, except that the final decision must be 49 rendered within 60 days of a determination of completeness. Additionally, the 50 notice of application shall contain proposed duration and operation of the 51 temporary homeless facility, number of residents for the encampment, and 52 contain a County website link to the proposed written code of conduct, operations 53 plan and transportation plan for the facility. 54 B. Decision and Notice of Decision. Final action on permit applications made under Page 7 of 9 213 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 51 52 53 54 this section shall be in accordance with WCC 22.05. Before any such permit may be granted, the applicant shall demonstrate and the director shall find consistency WCC 20,84.220 and the following: 1. The proposed use meets the requirements of this ordinance; and 2. Measures, including the requirements herein and as identified by the director, have been taken to minimize the possible adverse impacts which the proposed encampment may have on the area in which it is located. It is acknowledged that not all impacts can be eliminated, however the risk of significant impacts can be reduced to a temporary and acceptable level as the duration of the encampment will be limited. A notice of the decision shall be provided in accordance with WCC 22.05. C. Conditions. Because each temporary encampment has unique characteristics, including, but not limited to, size, duration, uses, number of occupants and composition, the director shall have the authority to impose conditions on the approval of an administrative use permit to ensure that the proposal meets the criteria for approval listed above. Conditions, if imposed, must be intended to protect public health, life and safety and minimize nuisance -generating features such as noise, waste, air quality, unsightliness , traffic, physical hazards and other similar impacts that the temporary encampment may have on the area in which it is located. In cases where the application for an administrative use permit does not meet the provisions of this ordinance (except when allowed under subsection (D) of this section) or adequate mitigation may not be feasible or possible, the director shall deny the application. D. Modification of Requirements. The director may approve an administrative use permit for a temporary encampment that relaxes one or more of the standards in this ordinance only when, in addition to satisfying the decision criteria stated above, the applicant submits a description of the standard to be modified and demonstrates how the modification would result in a safe encampment with minimal negative impacts to the host community under the specific circumstances of the application. In considering whether the modification should be granted, the director shall first consider the effects on the health and safety of encampment residents and the neighboring communities. Modifications shall not be granted if their adverse impacts on encampment residents and/or neighboring communities will be greater than those without modification. The burden of proof shall be on the applicant. E. Appeal. The director's decision may be appealed to the hearing examiner as provided in WCC 22.05.020(1) and 22.05.160. F. Revocation. The director shall also have the authority to revoke an approved administrative use permit, pursuant to WCC 22.05.150 at any time a sponsor or managing agency has failed to comply with the applicable provisions of this ordinance or permit. Section 9. Purpose. The purpose of this interim ordinance is to allow and establish a review process for the location, siting, and operation of temporary homeless facilities within the unincorporated County. While the interim ordinance is in effect, the County will study the land use and other impacts associated with temporary homeless facilities, draft final zoning and regulations to address such uses, hold public hearings on such draft regulations, and adopt such regulations. Page 8 of 9 214 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 Section 10. Duration of Interim Ordinance. This interim ordinance will replace Ordinance 2018-039 and shall be in effect for one year beginning on July 24, 2018 and ending on July 24, 2019, unless another ordinance is adopted amending the Whatcom County Code and rescinding this interim ordinance before July 24, 2019. Section 11. Work Plan. During the interim ordinance period, County staff will study the issues concerning the establishment and operation of temporary homeless facilities. Staff will prepare a draft ordinance with appropriate revisions to the County's land use regulations; perform SEPA review of the draft ordinance, and conduct the public review process, including public hearings before the County's Planning Commission and County Council, as required for amendments to the County's development regulations. Section 14. Conflict with other Whatcom County Code Provisions. If the provisions of this Ordinance are found to be inconsistent with other provisions of the Whatcom County Code, this Ordinance shall control. Section 15. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk APPROVED as to form: Civil Deputy —Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Rud Browne, Chairperson ( ) Approved ( ) Denied Jack Louws, Executive Date: Page 9 of 9 215 WHA TCOM CO UNTY CO UNCIL A GENDA BILL NO. 2018 182 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Origi»atm :• 6/12/2018 6/19/2018 Council Division Head. 7/24/18 Public Hearing Dept. Head: Prosecutor: f ParChasi77 /Gadget: Executive: TITLE OF DOCUMENT.• Emergency Ord. interim regs for siting and operation of homeless encampments ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( X ) 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 anust 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.) An emergency ordinance of Whatcom County, Washington relating to land use and zoning; declaring an emergency; adopting interim zoning regulations for the siting, establishment, and operation of temporary tent emcampments; and setting twelve months as the effective period of the interim zoing regulations to allow the County to study the land use impacts of such uses. COMMITTEE ACTION: COUNCIL ACTION. 6/19/2018: Amended and adopted 6-0, Browne absent, Ordinance 2018-039 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Ord. 2018-039 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. w:q� 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 51 52 53 54 Emergency For 6-19-2018 PROPOSED BY: COUNTY COUNCIL INTRODUCTION DATE: JUNE 19, 2018 ORDINANCE NO. 2018-039 (AN EMERGENCY ORDINANCE OF WHATCOM COUNTY, WASHINGTON) ADOPTING EMERGENCY ZONING REGULATIONS FOR THE SITING, ESTABLISHMENT, AND OPERATION OF TEMPORARY TENT ENCAMPMENTS WHEREAS, homelessness continues to be a local, regional and national challenge due to many social and economic factors; and WHEREAS, tent encampments have become a temporary mechanism for providing shelter for homeless individuals and families; and WHEREAS, under RCW 36.01.290 the Washington State Legislature has authorized religious organizations to host temporary tent encampments to provide shelter for homeless individuals on property that these religious organizations own; and WHEREAS, the Whatcom County Code does not currently have specific provisions addressing the establishment and operation of temporary tent encampments; and WHEREAS, an emergency exists necessitating adoption of interim tent encampment regulations and processing requirements to preserve and protect public health and safety and prevent danger to public or private property; and WHEREAS, pursuant to WAC 197-11-880, the adoption of this ordinance is exempt from the requirements of a threshold determination under the State Environmental Policy Act (SEPA) and future permanent zoning regulations will be reviewed in accordance with SEPA Rules; and WHEREAS, in conformity with the responsibilities of Whatcom County to meet public health, safety and welfare requirements and provide zoning and land use regulations pursuant to state law, and the County's authority to regulate land use activity within its corporate limits, the County intends to develop appropriate public health, safety and welfare requirements and zoning and land use regulations for the establishment and operation of temporary tent encampments; and WHEREAS, the County Council has determined it needs additional time to conduct appropriate research to analyze the effects of the establishment and operation of temporary tent encampments; and WHEREAS, emergency zoning will provide the County with additional time to review and amend its public health, safety and welfare requirements and zoning and land use regulations related to the establishment and operation of temporary tent encampments; and WHEREAS, emergency zoning will also allow qualifying religious organizations and registered not- for -profit, tax exempt 501(c)(3) organizations the opportunity to establish and operate temporary tent encampments; and Page 1 of 8 217 I WHEREAS, the County Council concludes that the County does have the authority to 2 establish an emergency zoning ordinance and that the County must adopt emergency 3 zoning concerning the establishment and operation of temporary tent encampments to act 4 as a stop- gap measure: (a) to provide the County with an opportunity to study the issues 5 concerning the establishment and operation of temporary tent encampments and 6 prepare appropriate revisions to the County's codes and regulations; (b) to protect the 7 health, safety, and welfare of the citizens of Whatcom County by avoiding and 8 ameliorating negative impacts and unintended consequences of establishing and 9 operating temporary tent encampments and (c) to avoid applicants possibly establishing 10 vested rights contrary to and inconsistent with any revisions the County may make to its 11 rules and regulations as a result of the County's study of this matter; and 12 13 WHEREAS, the County Council adopts the foregoing as its findings of facts justifying 14 the adoption of this Ordinance; and 15 16 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: 17 18 Section- 1. Findings of Fact. The County Council adopts the above "WHEREAS" recitals 19 as findings of fact in support of its action as required by County Charter 2.40. 20 Section 2. Regulations established. Regulations concerning the establishment and 21 processing of applications for temporary tent encampments in unincorporated Whatcom 22 County are hereby established. Establishing such facilities contrary to the provisions of 23 this chapter is prohibited. Administrative Use approvals shall be required for temporary 24 tent encampments in the County. Applications for administrative use approvals, land use 25 approvals, or any other permit or approval, in any way associated with temporary tent 26 encampment facilities, shall not be accepted, processed, issued, granted, or approved 27 unless in compliance with this chapter. If a temporary tent encampment is established in 28 violation of this chapter or if, after an administrative use permit is issued for the same, 29 the director of the planning and development services department determines that the 30 permit holder has violated this chapter or any condition of the permit, the temporary 31 tent encampment, its sponsor and managing agency shall be subject to code 32 enforcement and all activities associated with the temporary tent encampment shall 33 cease, and the site shall be vacated and restored to its pre -encampment conditions. 34 35 Section 3. Definitions. The following definitions apply to temporary tent encampments: 36 37 A. "Temporary tent encampment" means a short-term residence facility for a group 38 of people that is composed of tents or other temporary structures, as approved 39 by the director, on a site provided or arranged for by a sponsor with services 40 provided by a sponsor and supervised by a managing agency. 41 42 B. "Managing agency" means an organization identified as the manager of a 43 temporary tent encampment that has the capacity to organize and manage a 44 temporary tent encampment. A "managing agency" may be the same entity as 45 the sponsor. 46 47 C. "Sponsor " means an organization that 48 1. invites a temporary tent encampment to reside on land they own or lease; 49 and 50 2. is a State of Washington registered not -for -profit corporation and 51 federally recognized tax exempt 501(c)(3) organization; or 52 3. is recognized by the Internal Revenue Service as exempt from federal 53 income taxes as a religious organization, which expresses its religious 54 mission, in part, by organizing living accommodations for the homeless. 55 D. "Director" means the Planning and Development Services Department Director. 56 Page 2of8 218 I Section 4. Requirements. The following requirements shall apply to all temporary tent 2 encampments approved under this chapter, unless modified by the director through 3 approval of an administrative use permit. 4 5 A. The encampment shall be located a minimum of 20 feet from the property line of 6 abutting properties containing commercial, industrial, and multifamily residential 7 uses. The encampment shall be located a minimum of 40 feet from the property 8 line of abutting properties containing single-family residential or public 9 recreational uses, unless the director finds that a reduced buffer width will 10 provide adequate separation between the encampment and adjoining uses, due 11 to changes in elevation, intervening buildings or other physical characteristics of 12 the site of the encampment. 13 14 B. No encampment shall be located within a critical area or its buffer as defined by 15 Whatcom County Code (WCC) 16.16. 16 17 C. A six -foot -tall fencing is required around the perimeter of the encampment; 18 provided, that the fencing does not create a sight obstruction at the street or 19 street intersections or curbs as determined by the county engineer, unless the 20 director determines that there is sufficient vegetation, topographic variation, or 21 other site conditions such that fencing would not be needed. 22 23 D. Exterior lighting must be directed downward and glare contained within the 24 temporary tent encampment. 25 26 E. The maximum number of residents at a temporary tent encampment site shall be 27 determined by the director taking into consideration site conditions, but in no 28 case shall the number be greater than 100 people. 29 30 F. On -site parking of the sponsor shall not be displaced unless sufficient required 31 off- street parking remains available for the host's use to compensate for the loss 32 of on- site parking or unless a shared parking agreement is executed with 33 adjacent properties. 34 35 G. A transportation plan, including provisions for transit, and pedestrian and bicycle 36 ingress and egress to the encampment, shall be submitted for review,and 37 approval. 38 39 H. No children under the age of 18 are allowed to stay overnight in the temporary 40 tent encampment, unless accompanied by a parent or guardian. If a child under 41 the age of 18 without a parent or guardian present attempts to stay at the 42 encampment, the sponsor and the managing agency shall immediately contact 43 Child Protective Services and shall actively endeavor to find alternative shelter for 44 the child. 45 46 I. The sponsor or managing agency shall provide and enforce a written code of 47 conduct, which not only provides for the health, safety and welfare of the 48 temporary tent encampment residents, but also mitigates impacts to neighbors 49 and the community. A copy of the code of conduct shall be submitted to the 50 County at the time of application for the administrative use permit. Said code 51 shall be incorporated into the conditions of approval. 52 53 J. The sponsor and the managing agency shall ensure compliance with Washington 54 State laws and regulations and the Whatcom County Health Department's Page 3 of 8 219 I regulations concerning, but not limited to, drinking water connections, solid 2 waste disposal, and human waste. The sponsor and the managing agency shall 3 permit inspections by local agencies and/or departments to ensure such 4 compliance and shall implement all directives resulting therefrom within the 5 specified time period. 6 7 K. The sponsor and managing agency shall assure all applicable public health 8 regulations, including but not limited to the following, will be met for: 9 10 1. Potable water, which shall be available at all times at the site; 11 2. Sanitary portable toilets, which shall be set back at least 40 feet from all 12 property lines; 13 3. Hand -washing stations by the toilets and food preparation areas; 14 4. Food preparation or service tents; and 15 5. Refuse receptacles. 16 17 L. Public health regulations (WAC 246.215 and WCC 24.03) on food donations and 18 food handling and storage, including proper temperature control, shall be 19 followed and homeless encampment residents involved in food donations and 20 storages shall be made aware of these Whatcom County Health Department 21 requirements. 22 23 M. The sponsor and the managing agency shall designate points of contact and 24 provide contact information (24 hour accessible phone contact) to the chief 25 criminal deputy of the Whatcom County Sheriff or his/her designee. At least one 26 designated point of contact shall be on duty at all times. The names of the on- 27 duty points of contact shall be posted onsite daily and their contact information 28 shall be provided to the Whatcom County Sheriff's Office as described above." 29 30 N. Facilities for dealing with trash shall be provided on -site throughout the 31 encampment. A regular trash patrol in the immediate vicinity of the temporary 32 tent encampment site shall be provided. 33 34 O. The sponsor and the managing agency shall take all reasonable and legal steps to 35 obtain verifiable identification information, to include full name and date of birth, 36 from current and prospective encampment residents and use the identification to 37 obtain sex offender and warrant checks from appropriate agencies. The sponsor 38 and the managing agency shall keep a log of names and dates of all people who 39 stay overnight in the temporary tent encampment and shall advise prospective 40 encampment residents that this log will be available upon request to law 41 enforcement agencies. Persons who have active warrants, or who are required to 42 register as a sex offender, are prohibited from the encampment's location. 43 44 P. The sponsor and the managing agency shall immediately contact the Whatcom 45 County Sheriff's Department if someone is rejected or ejected from the 46 encampment when the reason for rejection or ejection is an active warrant or a 47 match on a sex offender check, or if, in the opinion of the on -duty point of 48 contact or on -duty security staff, the rejected/ejected person is a potential threat 49 to the community. 50 51 Q. Tents over 300 square feet in size and canopies in excess of 400 square feet shall Page 4of8 220 I utilize flame retardant materials. 2 3 R. The sponsor, the managing agency and temporary tent encampment residents 4 shall cooperate with other providers of shelters and services for homeless 5 persons within the County and shall make inquiry with these providers regarding 6 the availability of existing resources. 7 8 S. The sponsor and/or managing agency shall provide before -encampment photos of 9 the host site with the application. Upon vacation of the temporary tent 10 encampment, all temporary structures and debris shall be removed from the host 11 site within one calendar week. 12 13 T. Upon cessation of the temporary tent encampment, the site shall be restored, as 14 near as possible, to its original condition. Where deemed necessary by the 15 director, the sponsor and/or managing agency shall re -plant areas in which 16 vegetation had been removed or destroyed. 17 18 Section 5. Frequency and duration of temporary use. No more than a maximum of 100 19 people may be housed in temporary tent encampments located in the unincorporated 20 County at any time. Multiple locations may be permitted provided that the aggregate 21 total of people in all temporary tent encampments shall not exceed 100. The director 22 shall not grant a permit for the same site more than once in any calendar year; provided 23 that director is not authorized to issue a permit for the same site sooner than 180 days 24 from the date the site is vacated as provided for in Section 4 of this ordinance. . 25 Temporary tent encampments may be approved for a period not to exceed 90 days. The 26 director may grant one 90-day extension, provided all conditions have been complied 27 with and circumstances associated with the use have not changed. This extension shall 28 be subject to a Type II review process and may be appealed to the hearing examiner as 29 provided in WCC 22.05.020(1). The permit shall specify a date by which the use shall be 30 terminated and the site vacated and restored to its pre -encampment condition. 31 32 Section 6. Permit required. Establishment of a temporary tent encampment shall 33 require approval of an administrative use permit, as described in this ordinance, and 34 compliance with all other applicable County regulations. The director shall have 35 authority to grant, grant with conditions or deny an application for an administrative use 36 permit under this ordinance. 37 38 39 Section 7. Application. Application for an administrative use permit shall be made on 40 forms prescribed by the County, and shall be accompanied by the following information; 41 provided, that the director may waive any of these items, upon request by the applicant 42 and finding that the item is not necessary to analyze the application. An application to 43 establish a temporary tent encampment shall be signed by both the sponsor and the 44 managing agency ("applicant") and contain the following: 45 46 A. A site plan of the property, drawn to scale, showing existing natural features, 47 existing and proposed grades, existing and proposed utility improvements, 48 existing rights -of -way and improvements, and existing and proposed structures, 49 tents and other improvements (including landscaping and fencing at the 50 perimeter of the proposed encampment and the property and off-street parking); 51 B. A vicinity map, showing the location of the site in relation to nearby streets and 52 properties; Page 5 of 8 221 C. A written summary of the proposal, responding to the standards and 2 requirements of this ordinance; 3 D. The written code of conduct and a transportation plan as required by this 4 ordinance; 5 E. Statement of actions that the applicant will take to obtain verifiable identification 6 from all encampment residents and to use the identification to obtain sex 7 offender and warrant checks from appropriate agencies; 8 F. Project statistics, including site area, building coverage, number and location of 9 tents and temporary structures, expected and maximum number of residents, 10 and duration of the encampment; 11 & Address and parcel number of the subject property; 12 H. Photographs of the site, 13 I. A list of other permits that are or may be required for development of the 14 property (issued by the County or by other government agencies), insofar as 15 they are known to the applicant; 16 J. Permits for temporary tent encampments shall be processed by the County 17 without charge; 18 K. A list of any requirement under this ordinance for which the applicant is asking to 19 modify. 20 21 Section S. Decision and appeal. 22 23 A. Notice. All temporary tent encampment applications shall be reviewed under a 24 Type II process under WCC 22.05.020(1), however, the following timelines shall 25 override those found in WCC Title 22. Within fourteen calendar days of receiving 26 a completed application, the department shall issue a determination of 27 completeness or incompleteness. Within fourteen days of a determination of 28 completeness the department shall publish a notice of application for an 29 administrative use permit. The notice shall contain, at a minimum, the date of 30 application, project location, proposed duration and operation of the temporary 31 tent encampment, number of residents for the encampment, conditions that will 32 likely be placed on the operation of the encampment, and requirements of the 33 written code of conduct. Final action on permit applications made under this 34 section shall be rendered within 60 days of determination of completeness. 35 36 B. Decision and Notice of Decision. After conclusion of a 14-calendar-day 37 notice/comment period, the director shall decide whether to grant, grant with 38 conditions or deny a temporary administrative use permit. Before any such 39 permit may be granted, the applicant shall show and the director shall find that: 40 41 1. The proposed use will not be materially detrimental to the public welfare 42 or injurious to the property or improvements in the vicinity of the 43 proposed encampment; 44 2. The proposed use meets the requirements of this ordinance; 45 3. The proposed use shall be in keeping with the goals and policies of the 46 comprehensive plan; 47 4. Measures, including the requirements herein and as identified by the 48 director, have been taken to minimize the possible adverse impacts which 49 the proposed encampment may have on the area in which it is located. It 50 is acknowledged that not all impacts can be eliminated, however the risk 51 of significant impacts can be reduced to a temporary and an acceptable 52 level and the duration of the encampment will be limited. Page 6 of 8 222 1 2 A notice of such decision stating whether the permit is granted or denied, 3 along with information regarding the procedure for appeal of the decision, 4 shall be mailed as required for the notice of application within three business 5 days after the date of the decision. If issued, the administrative use permit 6 for the temporary tent encampment shall be issued jointly to the sponsor and 7 managing agency and each shall be responsible for compliance with the terms 8 and conditions of the permit and applicable county codes. 9 10 C. Conditions. Because each temporary tent encampment has unique 11 characteristics, including, but not limited to, size, duration, uses, number of 12 occupants and composition, the director shall have the authority to impose 13 conditions on the approval of an administrative use permit to ensure that the 14 proposal meets the criteria for approval listed above. Conditions, if imposed, 15 must be intended to minimize nuisance -generating features such as noise, 16 waste, air quality, unsightliness , traffic, physical hazards and other similar 17 impacts that the temporary tent encampment may have on the area in which it is 18 located. In cases where the application for an administrative use permit does not 19 meet the provisions of this chapter (except when allowed under subsection (D) of 20 this section) or adequate mitigation may not be feasible or possible, the director 21 shall deny the application. 22 23 D. Modification of Requirements. The director may approve an administrative use 24 permit for a temporary tent encampment that relaxes one or more of the 25 standards in this chapter only when, in addition to satisfying the decision criteria 26 stated above, the applicant submits a description of the standard to be modified 27 and demonstrates how the modification would result in a safe encampment with 28 minimal negative impacts to the host community under the specific 29 circumstances of the application. In considering whether the modification should 30 be granted, the director shall first consider the effects on the health and safety of 31 encampment residents and the neighboring communities. Modifications shall not 32 be granted if their adverse impacts on encampment residents and/or neighboring 33 communities will be greater than those without modification. The burden of proof 34 shall be on the applicant. 35 36 E. Appeal. The director's decision may be appealed to the hearing examiner as 37 provided in WCC 22.05.020(1). 38 39 Section 9. Purpose. The purpose of this emergency zoning ordinance is to allow and 40 establish a review process for the location, siting, and operation of temporary tent 41 encampments within the unincorporated County. While the emergency zoning ordinance 42 is in effect, the County will study the land use and other impacts associated with 43 temporary tent encampments, draft final zoning and regulations to address such uses, 44 hold public hearings on such draft regulations, and adopt such regulations. 45 46 Section 10. Declaration of Emergency. The County Council hereby declares that an 47 emergency exists necessitating that this emergency ordinance take effect immediately 48 upon passage by a two-thirds vote of the County Council as required by County Charter 49 Section 2.40. Without an immediate emergency zoning ordinance establishing standards 50 for the review of applications for the siting and operation of temporary tent 51 encampments , such facilities could be submitted and become vested , leading to the 52 development or use of property that is incompatible with the laws adopted by Whatcom Page 7 of 8 223 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. Therefore, this emergency zoning ordinance must be imposed as an emergency measure to protect the public health, safety and welfare, and to prevent the submission of applications to the County in an attempt to vest rights for an indefinite period of time. Section 11. Effective Date. This ordinance shall take effect immediately upon passage and shall be in effect for sixty (60) days, as set forth herein, as long as it is approved by a two-thirds vote of the County Council, as required by County Charter Section 2.40. Section 12. Conflict with other Whatcom County Code Provisions. If the provisions of this ordinance are found to be inconsistent with other provisions of the Whatcom County Code, this ordinance shall control. Section 13. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. ADOPTED this 19th day of June WHATCOM COUNTY COUNCIL WHATCOM CIRVNTV,"WA,�HINGTON GOO ATTEST:.," 1a 6` B i d Dana 0xowln-Davis_ . ca�anci� Clerk APPROVW_ as to form. C' prosecutor 2018. Rud Browne, Chairperson ( Approved ODen' d Jack Louws Exeutive Date: 9 Page 8 of 8 224 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2018 - 210 CLEARANCES Initial Date Date Received in Council Q ace Agenda Date Assigned to: -Originator: 7/2/2018 7/10/2018 Introduction Division Head: 7/24/2018 Council De t. Head: Prosecutor: Purchasing/Bud el: Executive: TITLE OF DOCUMENT.• Appointment to fill vacancy on the Lummi Island Ferry Advisory Committee ATTACHMENTS: Application SEPA review required? ( ) Yes ( ) NO I 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.) Receipt of application for the Whatcom County Lummi Island Ferry Advisory Committee applicant: Nancy Ging (Committee provides review and recommendations to the Whatcom County Council and Executive on issues that affect the ongoing operations and infrastructure of ferry service to Lummi Island) (application deadline for any other applicants is 10 a.m. July 17, 2018) There is one vacancy - county resident not living or owning property on Lummi Island. - Partial term ending 1/31/2019. COMMITTEE ACTION.• COUNCIL ACTION. 7/10/2018: Introduced 6-0. Ballew absent 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 Countv's website at: www. co. whatcom. wa. us/council. 225 NaDean Hanson From: noreply@civicplus.com Sent: Monday, July 02, 2018 11:30 AM To: Ben Glassett; Jill Nixon; Suzanne Mildner; Kristi Felbinger; Dana Brown -Davis; Executive; NaDean Hanson Subject: Online Form Submittal: Board and Commission Application Board and Commission Application Step 1 Application for Appointment to Whatcom County Boards and Commissions Public Statement THIS IS A PUBLIC DOCUMENT: As a candidate for a public board or commission, the information provided 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. First Name Nancy Last Name Ging Date 6/29/2018 Street Address 4737 Parker Street City Bellingham Zip 98226 Do you live in & are you Yes registered to vote in Whatcom County? Do you have a different Field not completed. mailing address? Primary Telephone 3607582529 Secondary Telephone Field not completed Email Address nancyging@gmail.com Step 2 1 226 1. Name of Board or Committee Lummi Island Ferry Advisory Committee Position: 2. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? Lummi Island Ferry Advisory Committee I am a County resident who doesn't live or own property on Lummi Island. Yes 3. Which Council district District 4 do you live in? 4. Are you a US citizen? Yes 5. Are you registered to Yes vote in Whatcom County? 6. Have you declared No candidacy (as defined by RCW 42.17A.055) for a paid elected office in any jurisdiction within the county? 7. Have you ever been a Yes member of this Board/Commission? If yes, please list dates: appointed 6/2015; currently a member and serving as Chair 8. Do you or your spouse No have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? You may attach a resume Field not completed. or detailed summary of experience, qualifications, & interest in response to the following questions 9. Please describe your I owned and operated a web design business for more than 20 227 occupation (or former years. I'm also an artist. My formal training is in clinical occupation if retired), psychology, and I worked in community mental health for many qualifications, years. These are all occupations which require good professional and/or communication skills. In the past I've worked on commercial community activities, and fishing vessels in Alaska (gillnetter and fishing tender), and I education have also worked as a ship broker, selling commercial fishing vessels and permits ranging from small gillnetters to large fish processing vessels. I've spent a lot of recreational time on and around boats, too. I've been active in the Lummi Island community since I moved here 14 years ago. I've been involved in providing feedback to the County about ferry issues for many of those years. I began serving on LIFAC in 2015 and am now serving as Chair I believe I'm perceived as a thought leader on ferry issues in the Island community. I've had formal involvement in community organizations, too, and am currently serving as a board member for Friends of Island Library (FOIL). I am also a member of the board of the Lummi Island Conservancy. In the past, I've helped organize political presentations here on the Island so citizens could get better acquainted with County candidates. I also instigated and proposed the format for an Island meeting hosted by Lummi Island Community Assn. (LICA) when Frank Abart was first hired as PW Director. I've been a co-editor of the Ferry Forum website for several years, too, as a means of helping to keep both Islanders and the rest of the County taxpayers informed on ferry issues. 10. Please describe why I have been serving on LIFAC as an Island resident since you're interested in 2015. 1 am now moving into Bellingham, so would like to serving on this board or transfer to the vacant non-resident LIFAC position. For several commission years I have been heavily involved in developing LIFAC recommendations soon to be made to the County Council about a meaningful definition of Level of Service and an action plan for delivering that LOS. I would very much like to continue following through with that project. I think I can continue to make useful contributions to the process given my skills and knowledge, as well as my familiarity with LIFAC, the ferry, and the community. References (please Patricia Dunn 360-758-2237 (LIFAC member) Terry Terry 360- include daytime 758-7432 (CTAG chair) telephone number): Signature of applicant: Nancy Ging Place Signed / Submitted Lummi Island, WA 3 228 WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2018-221 CLEARANCES initial Date Date Received in Council Office Agenda Date Assigned to: Originator: SM 7112118 ii� [P,-- CA [2 1� July 24, 2018 Council Division Head: JUL 17 2018 Dept. Head., Prosecutor: VVfH'1A-',,C',0M C,0tJNT`f' COUNUL Purchasing/budget: A � Executive, I V V- G , TITLE OFDN-T. Appointment to the Northwest Senior Services Board ATTACHMENTS: NWRC Executive Director correspondence with appointment recommendation; New candidate application. SEPA review required? ) Yes ( X ) NO Should Clerk schedule a hearing? Yes (X NO SEPA review completed? ) Yes ( X ) NO Requested Date: S UMMAR Y S TA TEMENT OR LEGAL NOTICE LANG U4 GE: (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 RCWor WCCas appropriate. Be clear in explaining the intent of the action.) County Executive Jack Louws requests confirmation of his appointment of Kathleen O'Connor to the Northwest Senior Services Board. COMMITTEE ACTION: COUNCIL A CTION.- 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.usleouncil. W, July 2, 2018 NORTHWEST REGIONAL COUNCIL RECEIVED JUL 2 - 201 JACK LOUVVS COUNTY EXE UTIVE TO: Whatcom County Executive Louws FROM: Dan Murphy, Executive Director SUBJECT: Recommendation to the NWSSB Currently, there are two openings on the Northwest Senior Services Board (NWSSB) for Whatcom County. Recently we heard from an interested community member, Kathleen O'Connor, who would like to serve on the board. She learned about the opening county through an advertisement in the Northern Lights. Ms. O'Connor has an extensive volunteer and employment history. In the past she has worked as a profressor of sociology and academic dean in higher education. In addtion, she as served many United Methodist congregations in Whatcom County. On Friday, the Board's Interview Committee met with Ms. O'Connor and unanimously decided to recommend her for appointment to the NWSSB. Prior to the interview, she submitted the Boards and Commissions application to the County. Should Ms. O'Connor be appointed, Whatcom County would have only one vacancy on the NWSSB. If I can be of further assistance, please do not hesitate to contact me. An Association of County Governments Serving the people of Island, San Juan, Skagit and Whatcom Counties 600 Lakeway Drive, Suite 100 — Bellingham, WA 98225 — 360.676.6749- nwrcwa.org 230 Public Statement THIS IS A PUBLIC DOCUMENT: As a candidate for a public board or commission, the information provided 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. First Name Last Name Date Street Address City Zip Do you live in & are you registered to vote in Whatcom County? Do you have a different mailing address? Primary Telephone Secondary Telephone Email Address 1. Name of Board or Committee Position applied for 2. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? 3. Which Council district do you live in? 4. Are you a US citizen? 5. Are you registered to vote in Whatcom County? Kathleen O'Connor 5/25/18 7806 BIRCH BAY DRIVE CONDO 113 BLAINE 98230 Yes Field not completed. 2538319818 Field not completed. gkoconnor(cr-yahoo.com Northwest Senior Services Board n/a Yes District 5 Yes Yes 231 6. Have you declared candidacy (as No defined by RCW 42.17A.055) for a paid elected office in any jurisdiction within the county? Have you ever been a member of No this Board/Commission? 8. Do you or your spouse have a financial No interest in or are you an employee or officer of any business or agency that does business with Whatcom County? You may attach a resume or detailed summary Field not completed. of experience, qualifications, & interest in response to the following questions 9. Please describe your occupation (or I retired in June, 2018 after 20 years of service as a United Methodist clergy former occupation if retired), (M.Div.) Previously I was a college dean (10 years) and Sociology professor (15 qualifications, professional and/or years with Ph.D. in sociology). I have participated with senior programs at most of community activities, and education Whatcom County's senior centers plus those of Okanogan County where I have recently completed a short term part-time ministry assignment. I have served as a hospice chaplain through St. Joseph Hospital in Tacoma and navigated two rounds of my own cancer treatment in Whatcom County which has taught me much about our health care system. I pastored for five years in Whatcom County and served on the Board of the Interfaith Coalition during that time as well as served in the Lions Club. My church assignments in this country included Nooksack Indian United Methodist Church in rural Everson, Nooksack Valley United Methodist Church in Nooksack, Custer United Methodist Church, and Garden Street United Methodist Church in Bellingham so that I have visited my parishioners in Sumas, Deming, Maple Falls, Glacier, Blaine, Birch Bay, and unincorporated Whatcom County as well as the municipalities of the churches. I have lived in Mexico and maintain high intermediate fluency in Spanish which has been helpful in my recent part-time ministry assignment in Okanogan. I have maintained my legal and voting address in Birch Bay for the last 12 years and now am back in retired full-time residence there. I can bring representation of native and Hispanic concerns as well as connection to the faith -based world of churches and agencies. I have lived and served in both rural/small town and urban areas as well as given service in higher educational institutions which can and should play a role in the community including the world of senior services. 10. Please describe why you're I bring both and insider and outsider perspectives given my professional and interested in serving on this board or residential experiences of recent years. I am interested in reconnecting in commission leadership and service now that I am back full-time in Whatcom County. At almost 71 years old, I represent the older boomer generation as we enter our retirement years where we are open to new and innovative ways of getting things done including the world of activities and services for and with our senior communities in all of their wonderful variety. Given the size and dispersal of our county and its ethnically diverse residents, we need to be especially creative in how we understand their worlds and interests. I bring my own world of experiences as well as a readiness to learn and contribute to what already exists. References (please include daytime Rev. Mary Huycke (recent past supervisor, 509-961-8138) Becky Strand (former telephone number): neighbor, retired teacher, 425-228-6287) Jeanne Boyd (former parishioner, community activist, 206-852-3093) Signature of applicant: Kathleen O'Connor Place Signed / Submitted Birch Bay, WA 232 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2018 — 214 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Council 7/16/2018 7/24/2018 Council Introductio Division Head: Dept, Head: Prosecutor:. Purchasin Budget: Executive. TITLE OF DOCUMENT: Appointment to fill vacancy on the Wildlife Advisory Committee - Robert Waddell ATTACHMENTS: Application SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) 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.) 1 Vacancy Representing Technical expertise in wildlife and habitat management or current or past professional experience such as, but not limited to, at least one of the following: wetlands manager, wildlife biologist, population biologist, natural resources manager, watershed scientist, conservation specialist, forestry protection, and tribal representative. Term ending 12/31/2022. Applicant: Robert Waddell. The committee will advise the Whatcom County Planning and Development Services Department staff and the Whatcom County Council on the value of wildlife and habitat management issues as they relate to the Whatcom County Comprehensive Plan, with the goal of integrating wildlife management and protection into the community planning process. 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 233 NaDean Hanson From: noreply@civicplus.com Sent: Monday, July 09, 2018 12:15 PM To: Ben Glassett; Jill Nixon; Suzanne Mildner; Kristi Felbinger; Dana Brown -Davis; Executive; NaDean Hanson Subject: Online Form Submittal: Board and Commission Application Board and Commission Application Step 1 Application for Appointment to Whatcom County Boards and Commissions Public Statement THIS IS A PUBLIC DOCUMENT: As a candidate for a public board or commission, the information provided 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. First Name Robert Last Name Waddell Date 7/9/2018 Street Address 1508 F Street City Bellingham Zip 98225 Do you live in & are you Yes registered to vote in Whatcom County? Do you have a different YES mailing address? Mailing Address PO Box 1100, La Conner, WA 98257 Primary Telephone 425-422-0537 Secondary Telephone Field not completed. Email Address robert.waddeli dfw.wa, ov 1 234 Step 2 1. Name of Board or Committee Wildlife Advisory Committee (WAC) Position: 2. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? 3. Which Council district do you live in? 4. Are you a US citizen? Wildlife Advisory Committee I have professional experience as a wildlife biologist. Yes District 2 Yes 5. Are you registered to Yes vote in Whatcom County? 6. Have you declared candidacy (as defined by RCW 42.17A.055) for a paid elected office in any jurisdiction within the county? 7. Have you ever been a member of this Board/Commission? 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? You may attach a resume or detailed summary of experience, qualifications, & interest in response to the following questions 9. Please describe your M No we Field not completed. I am a District Wildlife Biologist for the Washington Department 2 235 occupation (or former of Fish and Wildlife (WDFW). I manage wildlife in the state's occupation if retired), District 14, encompassing Whatcom and Skagit Counties. I qualifications, hold a Bachelor's (1997) and Master's (2000) in Wildlife professional and/or Ecology and Management from the University of Georgia. In community activities, and my career I have worked with and researched a variety of education ungulates and carnivore species in different habitats. 10. Please describe why you're interested in serving on this board or commission References (please include daytime telephone number): Signature of applicant Place Signed / Submitted Although I have worked for WDFW since January 2016, 1 am a new employee in this WDFW district and a new resident of Bellingham (I moved here in May 2018). 1 am very interested in serving on the committee as a Whatcom County resident and representative for WDFW. I am interested in helping advise the county on wildlife management, wildlife habitat enhancement/protection, etc. Fenner Yarborough, WDFW Wildlife Regional Program Manager (360) 466-4345 Robert Waddell La Conner, WA Email not displaying correctly? View it in your browser. PATIO WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2018 77 B CLEARANCES Initial Date Date Received in Council O ace Agenda Date Assigned to: Originator: Council 7/9/2018 7/24/2018 Introduction Division Head: �r Dept. Head: b Prosecutor: Pin -chasm /Bud et: Executive: TITLE OF DOCUMENT. Ordinance imposing interim moratorium on Cherry Point applications and permits ATTACHMENTS: Ordinance SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: 8/8/2018 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 imposing an interim moratorium on the acceptance and processing of applications and permits for new or expanded facilities in the Cherry Point Urban Growth Area, the primary purpose of which would be the shipment of unrefined fossil fuels not to be processed at Cherry Point. 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.whatconz.wa.us/council. 237 PROPOSED BY: INTRODUCTION DATE: JULY 24, 2018 ORDINANCE NO. (INTERIM ORDINANCE) IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE AND PROCESSING OF APPLICATIONS AND PERMITS FOR NEW OR EXPANDED FACILITIES IN THE CHERRY POINT URBAN GROWTH AREA THE PRIMARY PURPOSE OF WHICH WOULD BE THE SHIPMENT OF UNREFINED FOSSIL FUELS NOT TO BE PROCESSED AT CHERRY POINT WHEREAS, on July 12, 2016, the county received a letter from Chairman Ballew of the Lummi Business Council which included the statement that they "hope that the amendments to the Comprehensive Plan not unfairly impact the current employers within Cherry Point."; and WHEREAS, the County Council previously adopted Title 20-Zoning of Whatcom County Code which regulates land use within unincorporated areas of Whatcom County; and WHEREAS, the County Council adopted the Whatcom County Comprehensive Plan on May 20, 1997, which contains goals, objectives and policies regarding land use compatibility and environmental considerations; and WHEREAS, the Whatcom County Council recently updated the Whatcom County Comprehensive Plan as required by Revised Code of Washington 36.70A; and WHEREAS, during the Comprehensive Plan review process the Whatcom County Council received many individual public comments on fossil fuel transshipment, transport, and transfer from Cherry Point related to the protection of the health of Whatcom County's environment, economy, and residents; and WHEREAS, the County recognizes that the existing refineries have for decades been significant shippers of refined fossil fuels such as jet fuel and calcined coke used in manufacture of aluminum while providing substantial local employment; and WHEREAS, the refining of fossil fuels at Cherry Point provides high wage jobs which could be lost if the existing refineries were converted to crude oil export facilities; and WHEREAS, the Whatcom County Council has requested the Whatcom County Planning Commission review language that would discourage new development that would primarily facilitate the shipment of unrefined fossil fuels not to be processed or consumed at Cherry Point; and WHEREAS, multiple trains carrying crude oil from the Bakken formation moving through the United States and Canada have derailed and exploded causing damage to property and the environment, one derailment caused significant fatalities, which is the reason regulations must be improved; and 238 WHEREAS, a unit train carrying Bakken crude traveling through Mosier, Oregon, on June 3, 2016, derailed and exploded causing damage to property and the Columbia River, demonstrating that recently adopted state and federal policies and corporate investment intended to reduce the risks associated with oil by rail have proven insufficient to protect communities along the rail corridor; and WHEREAS, the Washington State Department of Natural Resources has designated waters adjacent to the Cherry Point Urban Growth Area as an aquatic reserve to ensure long-term protection of this unique aquatic environment; and WHEREAS, the United States recently lifted a ban on the export of crude oil from the country, increasing pressure on deep water ports such as Cherry Point to develop into crude export terminals; and WHEREAS, existing refineries at Cherry Point have recently increased their ability to accept crude oil by rail by constructing new rail offloading facilities to serve the refineries; and WHEREAS, existing and proposed pipeline facilities have increased, or proposed to increase, their capacity to move crude oil, diluted bitumen, and natural gas to Cherry Point; and WHEREAS, Title 20 currently does not explicitly prohibit transshipment, transport, and transfer of unrefined fossil fuels and construction of infrastructure to facilitate expanded shipment of unrefined fossil fuels not to be processed at Cherry Point; and WHEREAS, according to the June 27, 2016 Land Capacity Analysis report produced by Planning and Development Services, Cherry Point contains only 1,072.6 acres of developable land that is zoned Heavy Impact Industrial (HII) for the purposes of `supplying a reasonable amount of land, commensurate with demand, for the location and grouping of heavy impact industrial uses" and to "minimize the scope of impacts generated within the HII District and to provide protection for nonindustrial districts situated outside thereof..." (WCC 20.68.010); and WHEREAS, expansion of existing facilities for purposes of shipping unrefined fossil fuels not to be processed or consumed at Cherry Point will increase the transport of dangerous fuels through our community and increase the risk of possible derailment, spills, explosions, and the fallout will pose a serious threat to the community; and WHEREAS, pursuant to the Washington State Constitution, the general police powers granted to counties empower and authorize Whatcom County to adopt land use controls to provide for the regulation of land uses within the County and to provide that such uses shall be consistent with applicable law; and WHEREAS, on August 9, 2016, the Whatcom County Council adopted Ordinance 2016-031, an emergency ordinance imposing a sixty day moratorium on the filing, acceptance, and processing of new applications for conversion of land or water, new building or structure permits, or other County permits or authorizations in the Cherry Point Urban Growth Area for new or expanded facilities whose purpose is to facilitate the increased shipment of unrefined fossil fuels not to be processed or consumed at Cherry Point; and 239 WHEREAS, the Whatcom County Council adopted interim measures on September 27, 2016 (Ordinance 2016-039), March 21, 2017 (Ordinance 2017-011), September 26, 2017 (Ordinance 2017-049), and February 27, 2018 (Ordinance 2018- 007) prohibiting the filing, acceptance, and processing of new applications for conversion of land or water, new building or structure permits, or other County permits or authorizations in the Cherry Point Urban Growth Area for new or expanded facilities whose purpose is to facilitate the increased shipment of unrefined fossil fuels not to be processed or consumed at Cherry Point, unless the applications: 1. Were filed and complete prior to the effective date of the ordinance and vested pursuant to Washington statutes; 2. Were for building permits for remodels, maintenance, or repairs of existing structures where no increased capacity for shipping unrefined fossil fuels not to be processed or consumed at Cherry Point would result; or 3. Were necessary to protect health and safety of the community. WHEREAS, the County Council finds that extending the moratorium imposed by Ordinance 2018-007 is necessary for the protection of public health and safety; and WHEREAS, RCW 36.70.790 and RCW 36.70.795 allow for adoption of interim official controls as long as a public hearing is held within sixty (60) days of adoption; and WHEREAS, the Whatcom County Council is scheduled to hold a public hearing on this issue on August 8, 2018, or a later date; and WHEREAS, the County Council fully recognizes the limits to its authority over transportation of certain goods imposed by federal statutes and the US Constitution, and finds that this action is within its authority; NOW, THEREFORE, BE IT ORDAINED that the Whatcom County Council adopts the above "WHEREAS" recitals as findings of fact in support of its action as required by RCW 36.70A.390 BE IT FURTHER ORDAINED by the Whatcom County Council that an interim moratorium is hereby imposed prohibiting the filing, acceptance, and processing of new applications for conversion of land or water, new building or structure permits, or other County permits or authorizations in the Cherry Point Urban Growth Area for new or expanded facilities whose purpose is to facilitate the increased shipment of unrefined fossil fuels not to be processed or consumed at Cherry Point, unless the applications: 1. Were filed and complete prior to the effective date of this ordinance and vested pursuant to Washington statutes; 2. Are for building permits for remodels, maintenance, or repairs of existing structures where no increased capacity for shipping unrefined fossil fuels not to be processed or consumed at Cherry Point will result; or 3. Are necessary to protect health and safety of the community. 240 BE IT FURTHER ORDAINED by the Whatcom County Council that this interim ordinance shall be effective for not longer than six months following its effective date, but may be renewed for one or more six-month periods if subsequent public hearings are held and findings of fact are made prior to each renewal. BE IT FURTHER ORDAINED that if a section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason by any court of competent jurisdiction; such decision shall not affect the validity of the remaining portions of this ordinance, and if the provisions of this ordinance are found to be inconsistent with other provisions of the Whatcom County Code, this ordinance shall control. BE IT FURTHER ORDAINED that for the purpose of this ordinance the definition of "unrefined fossil fuel" includes but is not limited to all forms of crude oil whether stabilized or not; raw bitumen, diluted bitumen, or syncrude; coal; methane propane, butane, and other "natural gas" in liquid or gaseous formats excluding those that are the byproduct of refinery processes in the Cherry Point UGA; and condensate. BE IT FINALLY ORDAINED that for the purpose of this ordinance, the definition of "facility" includes but is not limited to piers, wharfs, buildings, tank farms, pipelines, rail loading and offloading facilities, road spurs, or any other such physical infrastructure intended to receive, transfer, or store unrefined fossil fuels; APPROVED this day of , 2018. ATTEST: WHATCOM COUNTY COUNCIL Dana Brown Davis, Clerk of the Council APPROVED AS TO FORM: Civil Deputy Prosecutor WHATCOM COUNTY, WASHINGTON Rud Browne, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Jack Louws, County Executive ) Approved ( ) Denied Date Signed: 241