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Home My WebLink Aboutord2026-015Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 _` t• Bellingham, WA 98225-4038 (360) 778-5010 Agenda Bill Master Report File Number: AB2026-183 File ID: AB2026-183 Version: 1 Status: Substitute Adopted File Created: 02/24/2026 Entered by: tradtke@co.whatcom.wa.us Department: Public Works File Type: Ordinance Department Assigned to: Council Finance and Administrative Services Committee Final Action: 03/24/2026 Agenda Date: 03/24/2026 Enactment #: ORD 2026-015 Related Files: Primary Contact Email: sdraper@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Ordinance amending the project based budget for the Swift Creek Capital Projects Fund, request no. 3 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: See memo HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 03/10/2026 Council SUBSTITUTE INTRODUCED Council Finance and Administrative Services Committee Aye: 6 Boyle, Buchanan, Galloway, Rienstra, Scanlon, and Stremler Nay: 1 Elenbaas 03/24/2026 Council Finance and Administrative SUBSTITUTE Services Committee RECOMMENDED FOR ADOPTION Aye: 7 Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 03/24/2026 Council SUBSTITUTE ADOPTED Aye: 7 Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 Whatcom County Page 1 Printed on 3/25/2026 Agenda Bill Master Report Continued [A62026-183) Attachments: Staff Memo, Proposed Ordinance, Substitute Ordinance, Notice of Action Proposed on 3.10.2026 Whatcom County Page 2 Printed on 3/25/2026 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 PROPOSED BY: Public Works INTRODUCTION DATE: 3/10/2026 ORDINANCE NO. 2026-015 AMENDING THE PROJECT BASED BUDGET FOR THE SWIFT CREEK CAPITAL PROJECTS FUND, REQUEST NO. 3 WHEREAS, Ordinance No. 2023-069 amended the Swift Creek Capital Projects Fund, granting additional expenditure authority to continue implementation of the multi -year Sumas Mountain/Swift Creek Sediment Management Project with $4 million in State funds; and WHEREAS, the Washington State Legislature, in the 2025-2027 budget, has awarded Whatcom County additional appropriations totaling $4 million for this same project, to be distributed by the Department of Ecology (Ecology); and WHEREAS, these additional state funds are required to continue design, permitting and construction of future project elements. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Ordinance No. 2023-069 is hereby further amended adding $4,000,000 of expenditure authority, as described in Exhibit A, to the amended project budget total of $11,258,159 for a new total of $15,258,159, ADOPTED this 24th day of March , 2026. C 0 fr�/ ATTEST 4 • C Y Ca y.Halkq- T iE OF ; Clerk of the, &&ecl . o° SHING.,* APPROVED AS TO FORM: Approved by email / T. Seguine 02/23/26 Tom Seguine Chief Civil Deputy Prosecuting Attorney WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Kaylee Galloway Chair of the Council WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON X ) Approved ( ) Denied aAA4.1.- Satpal ngh Sidhu County xecutive Date Signed: EXHIBIT A SWIFT CREEK CAPITAL PROJECTS FUND (FUND 3910) Expenses Account Description 6630 Professional Services 6699 Other Services- Interfund 7320 Land 7380 Other Improvements Revenues 4334.0311 Department of Ecology Grant 2019-20215tate Biennium 2019-2021 State Biennium 2021-2023 State Bienium 2023-2025 State Biennium 2025-2027 State Biennium Project Budget Amendment #3 Current Approved Request Total Amended $2,655,000 $500,000 $3,155,000 $450,000 $450,000 $1,900, 000 $1, 900, 000 $6,253,159 $3,500,000 $9,753,159 11,258,159 4,000,000 15,258,159 $11,258,159 $4,000,000 $15,258,159 Grant Funds $1,182,841 Expenses Prior to Project Budget $5,217,159 Allocated to Project Budget $2,041,000 Amendment #1 $4,000,000 Amendment #2 $4,000,000 Amendment #3 $16,441,000 Total State Grant Award $15,258,159 Total Project Budget Supplemental Budget Request Public Works Engineering Bridge & Hydraulic suppTis a = Fund 3910 Cost Center 39101000 Originator: Laura Vandervort Expenditure Type: One -Time Year 2 2026 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request. Swift Creek Project Budget Amend #3 X &;ax� Department He-..Q Signature (Required on Hard Copy Submission) Date Costs: I Object Object Description Amount Requested 4334.0318 DE -swift creek ($4,000,000) 6630 Professional services I $500,000 7380 Other improvements Request Total la. Description of request: $3,500,000 $0 A large landslide in the upper watershed of Swift Creek located on the west flanks of Sumas Mountain contains naturally occurring asbestos (NOA) which poses a risk to human health and the environment. In 2019 Whatcom County and the Department of Ecology (Ecology) entered into a Consent Decree which provides the framework for collaboration between Whatcom County and Ecology for mitigating the impacts of Swift Creek sedimentation and NOA. A part of the Consent Decree is the Swift Creek Action Plan which includes various project elements including deflection berms, sediment traps, sediment basins and other misc. improvements that when fully constructed will help to mitigate the impacts caused by Swift Creek sedimentation and NOA. To date, the Washington State Department of Ecology has appropriated $11.3 million dollars of state funds for work on this project. In the 2025-2027 budget the Washington State Legislature appropriated an additional $4,000,000 in state funds to continue design, permitting and construction of future project elements. This supplement budget request will add this additional $4,000,000 in state funds into the project based budget for the Swift Creek Capital Projects fund, and will provide for continued implementation of the Swift Creek Action Plan. Under the Whatcom County Charter Subsection 6.41- Budget Control- If a report under subsec on 1 of this sec on is late, no supplemental appropriatons may be approved by the Council. The Council may resume making supplemental appropria ons once a report for the relevant quarterly period is submitted. This supplemental budget falls under one of the exceptions under 6.41(3), which reads "(d) Appropriatons which, taken separately or together, result in an unchanged or increased projected ending balance for all ut lized funds at the end of the budget cycle." Given this supplemental budget has a net zero impact on the project based budget, and does not require any local county funds, this supplemental budget meets 6.31(3)(d), and can be considered for approval by Council before the issuance of the Q4 2025 financial report by the Finance Director. 1b. Primary customers: General public and residents of the greater Swift Creek and Sumas River floodplains. 2. Problem to be solved: The intent of the Swift Creek Action Plan is to mitigate the impacts of the Swift Creek sedimentation and NOA to human health and the environment. Once fully constructed the Swift Creek Action Plan will achieve this goal. Tuesday, February 24, 2026 Rol: Rpl Suppl Regular Supplemental Budget Request Public Works Engineering Bridge & Hydraulic Supp'l is # s-,a Fund 3910 Cost Center 39101000 Originator. Laura Vandervort 3a. Options / Advantages: An Environmental Impact Statement was completed in 2013 which considered a suit of options for addressing Swift Creek sedimentation and NOA. After thorough review the current Swift Creek Action Plan was deemed to be the most feasible approach. 3b. Cost savings: N/A 4a. Outcomes: The outcome of this project will be the eventual construction of all the project elements included in the Swift Creek Action Plan. The current overall schedule for this project shows completion of all the project elements in 2031. The ability for Whatcom County to complete the Swift Creek Action Plan will be dependent upon the continued availability of State funding. 4b. Measures: The Swift Creek Action Plan will be constructed. 5a. Other Departments/Agencies: N/A 5b. Name the person in charge of implementation and what they are responsible for. James E. Lee, P.E., Program Manager for the Swift Creek Project 6. Funding Source: Washington State Deparetment of Ecology State funds [WCC 202308018] Tuesday, February 24, 2026 Rpt Rpl Suppi Regular