Whatcom County Council

Action Taken at March 11, 2014 Meeting

Shall the council:

49. Authorize the executive to sign an agreement with the city of Bellingham for managing the aquatic invasive species program? The county will reimburse the city $70,000 for operating the watercraft inspection program and coordinating education and outreach activities. (AB2014-075A) Approved 7-0

50. Authorize the executive to sign a $69,758 contract with Watershed Science and Engineering of Seattle to develop a High Creek Management Plan? (Council acting as the flood control district board of supervisors.) Sediment accumulations along a drainage easement of the creek have flooding issues which impact SR542 and private properties while protecting or mitigating  impacts on salmon habitat. The contract will include analysis of sediment management alternatives, design, and cost estimates. (AB2014-105) Approved 7-0

51. Authorize the executive to sign an $180,000 contract (amendment #1) with Shannon and Wilson, Inc. of Seattle to address deficiencies in Nooksack River levees? (Council acting as the flood control district board of supervisors.) A System-Wide Improvement Framework was developed to address the deficiencies identified for the levees by the U.S. Army Corps of Engineers and must be submitted by June 2015 for the levees to remain eligible for rehabilitation in the Public Law Program. The team works in developing projects for each reach of the river and requires technical support. This amendment includes the drafting of the plan. A grant through the Puget Sound Partnership will reimburse this amendment’s expenditure. This amendment brings the total contract to $$199,955. (AB2014-111) Approved 7-0

52. Authorize the executive to sign a $49,986 contract with Geo-Engineers of Bellingham for Silver Beach Watershed infiltration mapping? The infiltration mapping and soil testing on 50 to 70 sites is part of the implementation for the Lake Whatcom Homeowners’ Incentive Program in the Silver Beach sub-basin. Incentive program provides eligible property owners with assistance and partial reimbursement for projects that reduce stormwater runoff and improve water quality. The state of Washington will cover 75 percent of the contract ($37,490). with a 25 percent match ($12,496) from the county. (AB2014-112) Approved 7-0

53. Approve a non-binding multi-jurisdictional resolution relating to preliminary population and employment growth allocations? Under the Growth Management Act, the county and its seven cities must complete a periodic update of their Comprehensive Plans and review urban growth areas by 6/30/2016, when the final growth allocation will be adopted. The resolution calls for a large portion of the new populations to locate in cities who are asked to develop an effective Transfer of Development Rights program as part of their Comprehensive Plan updates. This would include an interlocal agreement to transfer or purchase development rights from rural property owners to develop within a city to reduce urban sprawl. The final growth allocations may be different than that set forth in this resolution. AB2014-056B (Resolution 2014-013) Approved 6-1, Sam Crawford opposed.

54. Adopt the Lake Samish Basin Comprehensive Stormwater Plan? The plan was developed in response to community requests for greater protection of this lake’s water resources and was completed by Public Works-Stormwater with the community for review of the existing stormwater system, management of water quality and quantity, and on reducing stormwater impacts from homes, highways, recreation, natural habitat, and forestry. AB2012-227 (Resolution 2014-014) Approved 5-2, Barbara Brenner1 and Ken Mann opposed.

55. Declare the council’s intent to create a Water Action Plan? The plan will spell out the various water quality and habitat issues to address in 2015-2016 budget discussions. County departments will make recommendations for needed programs and ask governmental partners, the Nooksack Tribe, Lummi Nation, and advisory committees to begin work to provide recommendations for the plan. AB2014-067 (Resolution 2014-015) Approved 7-0

56. Approve the election of a Charter Review Commission at the November 2014 general election? The county has a  Home Rule Charter which requires a review of the charter at least every ten years. The previous Charter Review Commission was elected at the 2004 general election. Fifteen members will be elected, five from each of the council districts, for a one-year term. AB2014-101 (Resolution 2014-016) Approved 7-0

57. Amend the 2014 unified fee schedule to authorize the ferry fund to absorb credit/debit card fees on single-ride ferry fares and incorporate card convenience fees on multi-ride ferry passes? The 2.35 percent fee charged for single-ride passes sold on board the Lummi Island ferry will be temporarily waived until the technology becomes available to automatically calculate and add the fees to the fares. However, the convenience fee rate (2.35 percent) will be applied to multi-fare rides purchased on the ferry because the purser has time to calculate fees on the return trip. The impact would be an estimated annual loss to the ferry fund of $7,000. AB2014-091 (Ordinance 2014-17) Adopted 6-1, Barbara Brenner opposed.2

58. Amend the 2014 budget (request #7) in the amount of $95,000? Appropriate: $95,000 for a new executive projects manager position to work on substantial county projects like the new jail and adjustments to the Emergency Medical Services System. AB2014-099 (Ordinance 2014-018) Adopted 5-2, Barbara Brenner3 and Ken Mann opposed.

Action Taken at March 25, 2014 Meeting

Shall the council:

59. Modify guidelines to the Economic Development Investment Program and add single family and multi-family rental home construction? (AB2013-332) Approved 5-2, Ken Mann and Carl Weimer opposed.

60. Amend lot clustering standards in the Rural (R) District? At the 6/18/2013 meeting, Vote # 104, the council adopted changes to rural land use planning and included the amendment exempting parcel larger than 20 acres from requiring a maximum 16 lots in clusters and a minimum 500 foot spacing between clusters.. The Growth Management Hearings Board issued an order on 1/23/2014 that the county was not in compliance with the amendment exempting parcels larger than 20 acres. This amendment restores the zoning code to wording prior to changes adopted at the 6/18/2013 meeting. AB2014-113) Adopted 6-0-1, Rud Browne abstained.

61. Authorize the executive to sign a $59,027 contract with Herrera Environmental Consultants of Seattle for design and technical support of the lower Canyon Creek habitat restoration project? (Council acting as the flood control district board of supervisors.) In January 2013, Herrera completed the design for the Schedule A and Schedule B portions restoration project. Construction of Schedule A was completed in November 2013. The county is preparing for construction of the Schedule B portion of the project in 2014. The project will be financed by two state grants and local flood funds. The contract expires on 12/15/2014. (AB2014-123) Approved 7-0

62. Confirm the executive's appointment of Tom Goetzl to the Ethics Commission? Tom Goetzl is a retired professor of law. In his retirement he has taught business law and ethics at Western Washington University. (AB2014-127) Approved 7-0

63. Confirm the executive's appointment of Annie Honrath to the Bicycle/Pedestrian Advisory Committee? Annie Honrath is a recent law school graduate and is licensed to practice law in Washington state. Her current job is a bicycle courier for Mad Dash Bicycle Couriers. (AB2014-128) Approved 7-0

64. Authorize the county executive to submit two applications to the state of Washington for community block grant funding? One request is for up to $122,118 for public service activities in coordination with the Opportunity Council. The second request us for up to $500,000 to fund housing rehabilitation activities in coordination with the Opportunity Council. The funds for persons with low- and moderate-incomes will be distributed to the tri-county area of Whatcom, Skagit, and Island counties. AB2014-116 (Resolution 2014-17) Approved 7-0

65. Amend the 2014 flood control district budget (request #2) in the amount $42,700? (Council acting as the flood control district board of supervisors.) The amendment is for additional expenditures for design services for the Deming levee upstream improvement project. The project will reduces risk of flooding of the Mount Baker School District facilities, including the sewage lagoon, bus barn, and maintenance facilities, the Nooksack Casino drain field, and structures in Deming. The original contract was approved at the 12/6/2011 meeting, vote #200; amended at the 4/26/2012 meeting, vote #56 and 9/11/2012 meeting, vote #152. 2014-115 (Resolution 2014-018) Approved 5-0, Sam Crawford and Ken Mann opposed.

66. Impose an interim ordinance on marijuana production, processing, and retailing authorized by Initiative 502, and medical marijuana facilities authorized under state law? At the 2/11/2014 meeting, vote #34, the council imposed an emergency moratorium on the acceptance of new applications. The emergency moratorium expires sixty days from the date it became law. This vote amends the zoning code for six months. Interim ordinances must be renewed every six months. AB2014-074B (Ordinance 2014-019) Adopted 7-0

67. Amend the unified fee schedule to accommodate changes in the aquatic invasive species program? The program is being expanded to include mandatory inspections of non-motorized and hand-carried watercraft before launching in Lake Whatcom and Lake Samish beginning in April of 2014. It also provides for an awareness course and will discount inspection fees for those who successfully complete the course. It will, in effect make non-motorized and hand-carried watercraft free if the owner takes the course. This amendment establishes fees for the new classes of watercraft not included in the fee schedule passed at the 11/20/2012 meeting, vote #192. AB2014-117 (Ordinance 2014-020) Adopted 7-0

68. Establish charges/fees for providing ambulance services in Whatcom County? At the 6/5/2012 meeting, vote #95, the County Council voted to join with the city of Bellingham to create a single unified county-wide emergency medical service. Whatcom County contracts with the city of Bellingham and Fire Protection District #7 for emergency medical services. Fire Protection District #7 has not adjusted their fees since 2008 and the city of Bellingham has not adjusted their fees since 2007. Agencies under contract with Whatcom County will charge fees listed in agenda bill attachment A. AB2014-121 (Ordinance 2014-021) Substitute adopted 7-0

69. Amend the 2014 budget (request #8) in the amount of $9,053,575? Appropriate: $7,575 to the sheriff's office for traffic safety equipment and handheld radars; $40,000 for outside legal counsel; $331,000 for the the Lake Whatcom reconveyance project; $6,000,000 for the Lynden water treatment plant project; $2,500,000 for the city of Bellingham regional stormwater project and $175,000 to replace computers. AB2014-114 (Ordinance 2014-022) Adopted 4-3, Barbara Brenner,4 Ken Mann and Carl Weimer opposed.