PLEASE NOTE: In compliance with Governor Inslee’s stay at home order and prohibition on public gatherings, this City Council meeting will be conducted entirely online. All Councilmembers and staff will be participating remotely. The public is welcome to email comments on any agenda items prior to the meeting to the City Clerk at [email protected]. Please provide comments by 5 p.m., Tuesday, June 2, 2020 so a copy can be provided to the City Council prior to the meeting.
The public will be able to participate in this meeting online using Zoom Meetings. Instructions on how to access the meeting and provide public comment are available at the following link: June 2, 2020 City Council Meeting Calendar Item. You will be required to have a registered Zoom account and display your full name to be admitted to the meeting.
Zoom Meeting Information: To Sign Up for a Zoom Account: https://zoom.us/join Meeting ID: 862 4456 9310 Password: 610709 Call In Phone Number: 1-253-215-8782
CITY OF NORTH BEND, WA CITY COUNCIL MEETING June 2, 2020 – Agenda Virtual Meeting
7:00 P.M. – CALL TO ORDER, ROLL CALL
CONSENT AGENDA: Pg.# 1) Minutes Council Meeting of May 19, 2020 1 2) Payroll May 20, 2020 – 28126 through 28134, in the amount of $209,706.73 3) Checks June 2, 2020 – 69263 through 69305, in the amount of $356,387.42 4) AB20-070 Motion – Authorizing Amendment to Issaquah Jail Services Contract Ms. Lindell 7 5) AB20-071 Resolution – Adopting King County Hazard Mitigation Plan Mr. Rigos 13 6) AB20-072 Resolution – Accepting 2019 Overlay Project as Complete Mr. Rigos 51 7) AB20-073 Motion – Authorizing Amendment to FCS Group Contract for Water Mr. Rigos 55 Rate Study 8) AB20-074 Motion – Authorizing On-Call Contract with Terracon for Mr. Rigos 61 Geotechnical Services 9) AB20-075 Motion – Authorizing Contract with Otak for DT Drainage Study Mr. Rigos 67 10) AB20-076 Ordinance – Amending NBMC 18.40 Exterior Lighting Standards Mr. Miller 77
CITIZEN’S COMMENTS: (Please restrict comments to 3 minutes)
June 2, 2020 City Council Meeting Agenda Page 1 of 2
ANNOUNCEMENTS, PRESENTATIONS, APPOINTMENTS:
11) Proclamation Mt Si High School Class of 2020 Recognition Month Mayor McFarland 91
MAIN AGENDA:
12) AB20-077 Public Hearing, Ordinance – Adopting NBMC 13.50 Water Mr. Miller 93 Conservation 13) AB20-078 Resolution – Establishing Small Business and Community Organization Mr. Miller 197 Rapid Relief Program 14) AB20-079 Resolution – Adopting Distribution System Leakage Program Mr. Rigos 207 15) AB20-080 Motion – Authorizing Contract with Sova RE Meadowbrook ULID Mr. Rigos 213
MAYOR, COUNCIL & ADMINISTRATOR CONCERNS AND INITIATIVES: (Business and general information presented that may be deliberated upon by the Council. Formal action may be deferred until a subsequent meeting; immediate action may be taken upon a vote of a majority of all members of the Council.)
Executive Session – To discuss potential litigation, pursuant to RCW 42.30.110(1)(i)
ADJOURNMENT:
June 2, 2020 City Council Meeting Agenda Page 2 of 2
Council Packet June 2, 2020 DRAFT
NORTH BEND CITY COUNCIL MINUTES May 19, 2020 Virtual Meeting City Hall, 920 SE Cedar Falls Way, North Bend, Washington
CALL TO ORDER, ROLL CALL:
Mayor McFarland called the regular meeting to order at 7:04 p.m.
Councilmembers Present: Elwood, Garcia, Gothelf, Koellen and Loudenback. Councilmembers Miller and Rosen joined the meeting at 7:13 p.m.
CONSENT AGENDA:
Minutes – Council Workstudy of April 28, 2020 & Council Meeting of May 5, 2020 Payroll – May 5, 2020 – 28116 through 28125, in the amount of $262,497.30 Checks – May 19, 2020 – 69211 through 69262, in the amount of $910,704.24 AB20-064 – Resolution 1935 Amending Personnel Manual RE Paid Family & Medical Leave AB20-065 – Resolution 1936 Authorizing WWRP Grant Submittal for Meadowbrook Farm Trail Project
Councilmember Gothelf MOVED, seconded by Councilmember Loudenback to approve the consent agenda as presented. The motion PASSED 5-0.
CITIZEN’S COMMENTS:
Michael Thomas, 1231 LaForest Drive SE, commented on the City’s new Water System Plan and expressed concern about water rights violations, appropriate water mitigation, water system leakage and metering issues. He commented on the upcoming Town Hall meeting and expressed concern about water usage in the ordinance that will be discussed at the meeting.
Linda Miller, 11524 428th Ave. SE, discussed the Six Year TIP 2021 – 2026 Pickett Avenue Extension Project and expressed the following concerns related to the project: safety, traffic flow, street width, lighting, and signage to slow vehicular traffic.
Robin Gray, 10826 428th Ave. SE, expressed her displeasure that citizens weren’t allowed to comment on the March 3rd agenda item related to design of the Pickett Avenue Extension Project and mentioned the project was not supposed to be awarded until an additional public hearing was held.
Matt Gray, 10826 428th Ave. SE, requested better descriptions of the purpose and need of projects on the Six Year TIP 2021 – 2026. He reiterated previous comments regarding the
North Bend City Council Minutes – May 19, 2020 1 1 Council Packet June 2, 2020 DRAFT lack of public hearing prior to award of the Pickett Avenue Extension Project and commented on the traffic analysis and property acquisition related to the project.
Jean Buckner, 46226 SE 139th Place, commented on the proposed water conservation ordinance and expressed concern about the burden placed on the City’s water rate payers related to water mitigation costs. She encouraged the City to stop issuing water certificates and come up with a viable water mitigation plan.
Jeff Krueger, 13709 457th Avenue SE, expressed his displeasure on how the proposed water conservation ordinance was characterized by some Councilmembers at the May 5th City Council meeting. He noted most citizens were in favor of water conservation but in a manner that was reasonable and fair to long term residents and suggested graduated amounts of water allotments per lot size.
Public Works Director Rigos explained an engineering design contract was approved on March 3rd related to the Pickett Avenue Extension Project and safety elements of the project were being reviewed. He noted the SEPA process for the project was estimated to take place in late summer and would allow for notification and input of project design by those affected by the project. He reported a public hearing would be held in the fall when the project gets around eighty percent design completion and award of the project would take place in 2021.
ANNOUNCEMENTS, PRESENTATIONS, APPOINTMENTS:
AB20-066 – Appointment to Economic Development Commission Audio: 28:04
Mayor McFarland recommended the appointment of Chris Castleberry to Position No.5 on the Economic Development Commission.
Councilmember Gothelf MOVED, seconded by Councilmember Garcia to approve AB20- 066, confirming the appointment of Chris Castleberry to Position No. 5 on the Business & Economic Development Commission, term expiring December 31, 2024. The motion PASSED 7-0.
COMMISSION AND COMMITTEE REPORTS:
Community & Economic Development Committee – Councilmember Loudenback, Chair A report of the May 19th meeting was provided.
Public Health & Safety Committee – Councilmember Garcia, Chair A report of the May 12th meeting was provided.
Transportation & Public Works Committee – Councilmember Rosen, Chair A report of the April 28th meeting was provided.
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Finance & Administration Committee – Councilmember Gothelf, Chair A report of the May 5th meeting was provided.
Eastside Fire & Rescue Board Meeting – Councilmember Gothelf A report of the May 14th meeting was provided.
Council Workstudy – Mayor Pro Tem Elwood A report of the April 28th Workstudy was provided.
Planning Commission A report of the May 14th meeting was provided.
Parks Commission A report of the April 22nd meeting was provided.
INTRODUCTIONS:
AB20-067 – Public Hearing, Resolution Adopting Six Year TIP 2021-2026 Audio: 52:02
Public Works Director Rigos provided the staff report.
Mayor McFarland opened the Public Hearing on a Resolution Adopting the Six Year TIP 2021-2026 at 8:02 p.m.
The following individuals spoke in opposition to Six Year TIP Project T-029: Pickett Avenue Extension:
Mike Davies, 917 NE 8th Street Martin Volken, 909 NE 6th Street Curtis von Trapp, 416 Boxley Place NE Catherine Pickard, 908 NE 5th Street Paul Daniels, 908 NE 5th Street Sarah Carter, 1029 Pickett Avenue NE Todd Carter, 1029 Pickett Avenue NE Bill Carter, 11810 NE 140th Street, Kirkland Gina Volken, 909 NE 6th Street Maren Aberle, 901 NE 6th Street Jeff Barber, 401 Pickett Avenue NE Aaron Gerber, 817 Pickett Avenue NE Amanda Gerber, 817 Pickett Avenue NE Ed DeAlbuquerque, 11326 428th Avenue NE Dan Boehlje, 408 Boxley Place NE Susan Graham, 409 Pickett Avenue NE Linsey Tracy, 809 NE 6th Street
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Justin Geel, 930 NE 10th Street Josh Krause, 417 Pickett Avenue NE James Knight, 311 Vaughan Boulevard NE Keith Navidi, 42924 SE 114th Street
The following individuals spoke regarding the agenda item:
Michael Thomas, 1231 LaForest Drive SE Martin Volken, 909 Pickett Avenue NE
Councilmember Rosen MOVED, seconded by Councilmember Loudenback to approve AB20-067, a resolution adopting the 6 Year Transportation Improvement Program 2021 – 2026, as a first reading, and continuing the public hearing until the June 16, 2020 City Council Meeting. The motion PASSED 7-0.
AB20-068 – Motion Authorizing Collective Bargaining Agreement RE Audio: 2:12:54 Office/Clerical & Technical Employees
Deputy City Administrator/Finance Director Masko provided the staff report.
Councilmember Elwood MOVED, seconded by Councilmember Gothelf to approve AB20- 068, authorizing the Mayor to enter into a Collective Bargaining Agreement with the Teamsters covering Office-Clerical and Technical employees. The motion PASSED 4-3 (Elwood, Gothelf, Rosen).
AB20-069 – Ordinance 1721 Adopting NBMC Chapter 3.10 Sales Audio (Part 2): 3:21 & Use Tax for Affordable Housing
City Administrator Miller provided the staff report.
Councilmember Elwood MOVED, seconded by Councilmember Miller to approve AB20- 069, an ordinance adopting NBMC Chapter 3.10 Sales & Use Tax for Affordable Housing, as a first and final reading. The motion PASSED 7-0.
MAYOR, COUNCIL, AND ADMINISTRATOR CONCERNS AND INITIATIVES:
Councilmember Gothelf encouraged anyone that was experiencing the symptoms of a heart attack or stroke to call 9-1-1.
Councilmember Miller congratulated all local high school and college seniors on their upcoming graduation and thanked everyone for their efforts in staying safe and strong during the COVID-19 pandemic.
Councilmember Koellen thanked staff for providing cotton masks for Councilmembers and thanked all those that were able to wear face masks in public during the pandemic.
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Councilmember Garcia addressed comments on the water conservation ordinance and noted earlier in the day the CED Council Committee discussed three to five different lot sizes related to water allocation and the ratio of fines inside and outside city limits. In response to a citizen comment earlier in tonight’s meeting, he noted the higher rates were for City water customers outside the City limits and not Sallal customers outside the City limits. Additionally, he commented on Department of Ecology’s recommendations regarding the City’s water mitigation and encouraged all to continue to stay safe during the pandemic.
Councilmember Elwood echoed Councilmember Garcia’s comments and thanked Mr. Castleberry for volunteering to serve on the Economic Development Commission. Additionally, he thanked the public for providing input on tonight’s agenda items.
City Administrator Miller reported Building, Engineering and Planning staff were still busy processing various permits and projects and thanked Council for their support of City staff and the work they were able to get done during these difficult times.
Mayor McFarland spoke regarding the following items:
• City Staff and COVID-19 • May 26th Town Hall Meeting on Water Conservation Ordinance & Water System Plan • Opening of Middle Fork Road • Playground Equipment & Sports Courts closed until further notice • Phased Reopening Plan for COVID-19
ADJOURNMENT:
Councilmember Elwood MOVED to adjourn, seconded by Councilmember Rosen. The motion PASSED 6-1 (Garcia).
The meeting adjourned at 10:01 p.m. ATTEST:
Rob McFarland, Mayor Susie Oppedal, City Clerk
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City Council Agenda Bill
SUBJECT: Agenda Date: June 2, 2020 AB20-070 Department/Committee/Individual Motion Authorizing a First Mayor Rob McFarland Amendment to Interlocal City Administrator – David Miller City Attorney – Londi Lindell X Agreement (ILA) with Issaquah for City Clerk – Susie Oppedal Jail Services Community & Economic Development – Finance – Dawn Masko Cost Impact: Reduce Jail Costs Public Works – Mark Rigos Fund Source: General Fund Police – Captain Nick Almquist Timeline: Immediate Attachments: First Amendment to Interlocal Agreement for Jail Services; Reservation Letter
SUMMARY STATEMENT:
The City is obligated to pay for jail services for convicted misdemeanants and King County pays for convicted felons. The City has various contracts with governmental entities to provide jail services including the City of Issaquah, King County, Yakima County and the South Correction Entity or SCORE. The Issaquah Jail is our primary jail because of two factors: (1) cost; and (2) proximity to North Bend. Our Snoqualmie Police Agreement includes a noncommissioned officer who manages your jail population and handles transports so our officers are patrolling and not driving offenders to jail. However, jail bookings made during non-regular business hours require our officers to transport the offender. The Cities of Snoqualmie and North Bend use the Issaquah jail more than other jurisdictions and accordingly, Issaquah has offered to provide the cities a lower daily rate of $97 for reserved beds. The regular Issaquah daily rate is $118.02. Over the last 5 years, North Bend has averaged approximately 5 jail beds a month.
The attached First Amendment provides North Bend an option of reserving jail beds at the lower daily rate of $97. This Amendment memorializes this reservation made by former Mayor Ken Hearing by letter dated December 10, 2019. This is a very competitive rate. By way of comparison, King County (the next closest jail) is the most expensive jail and has a separate booking rate of over $200 and a daily rate of over $150. Thus, a one day booking could cost North Bend over $350 vs. Issaquah’s $97 daily rate. Issaquah does not charge North Bend a booking fee.
Staff recommends approval of the First Amendment.
APPLICABLE BRAND GUIDELINES: Consistent delivery of cost effective basic services.
COMMITTEE REVIEW AND RECOMMENDATION: The Finance & Administration Committee reviewed this item at their May 5, 2020 meeting and recommended approval and placement on the consent agenda.
RECOMMENDED ACTION: MOTION to approve AB20-070, authorizing a First Amendment to the Interlocal Agreement with Issaquah for Jail Services, in form and content acceptable to the City Attorney. RECORD OF COUNCIL ACTION Meeting Date Action Vote June 2, 2020
City of North Bend, PO Box 896, North Bend, WA 98045 http://northbendwa.gov 7 Council Packet June 2, 2020
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FIRST AMENDMENT TO THE CITY OF ISSAQUAH AND CITY OF NORTH BEND MEMORANDUM OF UNDERSTANDING
THIS FIRST AMENDMENT to the Memorandum of Understanding entered into between the City of Issaquah and the City of North Bend regarding jail services is dated effective June 2, 2002 (hereafter the “MOU”), and is made in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Subsection 2.3 of the MOU is hereby amended to read as follow:
2.3 Price. Effective January 1, 2020, Issaquah will bill the City at the rate of $118.02 per day, per prisoner for booking and incarceration except for the reduced rate for reserved beds as provided for in Section 4. Issaquah may increase this rate from time-to-time but no more frequently than once per year, in order to reflect increased costs. Issaquah will give the City at least sixty (60) days’ advance written notice of the increased rate.
2. Subsection 3.3 of the MOU is hereby amended to read as follows:
3.3 Price. The City will pay Issaquah the sum of $118.02 per day, per prisoner for booking and incarceration, subject to the reduced rate for reserved beds as provided in Section 4 and subject to Issaquah’s right to increase this rate from time-to-time as provided in Subsection 2.3.
3. Section 4 of the MOU is hereby added to read as follows:
4. Reserved Beds.
4.1 The City of North Bend shall have the option to request the reservation of up to five (5) beds at the Issaquah Jail. Should the City of North Bend desire to exercise this option, the City of North Bend shall notify the Jail Manager of the City of Issaquah at least thirty (30) days prior to the requested start of the reservation. If the City of Issaquah has or will have the requested number of beds available at the time of the requested start, the City of Issaquah shall reserve the requested number of beds for the exclusive use of the City of North Bend. The parties may mutually agree to start the reservation sooner or later than thirty (30) days after notice is given.
4.2 The City of North Bend shall pay for the reserved beds at a reduced rate of $97.00 daily per prisoner per day, provided, that this rate may be increased by the City of Issaquah in the same manner as provided in Subsection 2.3. Payment shall be made regardless of whether the City of North Bend actually uses the reserved beds.
4.3 The City of North Bend may cancel the reserved beds, in whole or in part, at any time by providing written notice to the Jail Manager for the City of Issaquah. The notice shall be provided at least thirty (30) days in advance of the effective date of the cancellation.
{JEH2095252.DOCX;1/00010.160019/ } ISSAQUAH MOU JAIL BEDS- FIRST AMENDMENT - 1 9 Council Packet June 2, 2020
4.4 The City of Issaquah may cancel the reserved beds, in whole or in part, at any time by providing written notice to the City Administrator of the City of North Bend at least thirty (30) days in advance of the effective date of the cancellation.
4.5 The parties understand that there may be times when conditions at the Issaquah Jail, such as required maintenance or repairs, may cause some or all of the reserved beds to be temporarily unavailable. The City of Issaquah agrees to provide as much notice as is reasonably practicable if any or all of the reserved beds will be temporarily unavailable and will endeavor to keep any such unavailability to a minimum. The temporary unavailability of such beds shall not be a breach of this agreement or entitle the City of North Bend to any compensation from the City of Issaquah. During any period of unavailability, the City of North Bend will be relieved of the obligation to pay for any unavailable beds.
All other terms and conditions remain as provided in the original Agreement effective April 2002.
DATED effective this 2nd day of June, 2020.
CITY OF NORTH BEND CITY OF ISSAQUAH
By: ______By: ______Printed Name: Rob McFarland Printed Name: Mary Lou Pauly Title: Mayor Title: Mayor
Attest/Authenticated: Attest/Authenticated:
______Susie Oppedal, City Clerk Christine L. Eggers, City Clerk
Approved as to form: Approved as to form:
______Office of the City Attorney Office of the City Attorney
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City Council Agenda Bill
SUBJECT: Agenda Date: June 2, 2020 AB20-071 Department/Committee/Individual Resolution Authorizing the Adoption Mayor Rob McFarland of the 2020 King County Regional City Administrator – David Miller Hazard Mitigation Plan Update and City Attorney – Mike Kenyon North Bend Annex City Clerk – Susie Oppedal Community & Economic Development – David Miller Finance – Dawn Masko Cost Impact: N/A Public Works – Mark Rigos, P.E. X Fund Source: N/A Timeline: Adoption through 2025 Attachments: Resolution, Attachment - North Bend Annex to the Regional Hazard Mitigation Plan
SUMMARY STATEMENT:
To qualify for FEMA funding through pre- and post-disaster hazard mitigation programs, King County updates its Regional Hazard Mitigation Plan (RHMP) every five years. The funds that King County receives are then distributed to municipalities and utility districts that participate and contribute to the RHMP. City of North Bend (City) has participated in the past during RHMP updates and has participated most recently by completing an Annex specifically geared towards hazard mitigation and resilience in North Bend, which is provided as an attachment to this resolution.
During the process of creating this Annex, City staff completed community outreach via an evening event at the North Bend Library in July 2019, as well as an online survey that was available late August and early September of 2019. The responses from this outreach, as well as a content derived from a discussion during the City’s October 8, 2019 Public Health and Safety (PH&S) Committee Meeting, helped the Annex author develop mitigation strategies, which are shown in the last section of the Annex. A completed draft of the Annex was approved by PH&S Committee during their November 11, 2019 meeting. Since the approval of the draft Annex, FEMA requested to add content regarding plan integration. A section titled “Plan Integration” was added to now pages 19 and 20 of the Annex. FEMA has since approved the Annex.
City staff views the RHMP and North Bend’s Annex as not only necessary steps to receive federal funding, but as tools to help guide planning and future actions within the City and regionally, and to increase resiliency to natural and human-caused disasters.
APPLICABLE BRAND GUIDELINES: Sustainably Managed Growth, Consistent Delivery of Quality Basic Services, Commitment to Invest in the City, Economic Vitality/Balanced Budget
COMMITTEE REVIEW AND RECOMMENDATION: The Public Health and Safety Committee discussed this item on November 11, 2019 and recommended approval. This item was also discussed at the May 26, 2020 Transportation and Public Works Committee meeting and was recommended for approval and placement on the Consent Agenda.
RECOMMENDED ACTION: MOTION to approve AB20-071, a resolution authorizing the adoption of the 2020 King County Hazard Mitigation Plan Update. RECORD OF COUNCIL ACTION Meeting Date Action Vote June 2, 2020
City of North Bend, PO Box 896, North Bend, WA 98045 http://northbendwa.gov 13 Council Packet June 2, 2020
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RESOLUTION
A RESOLUTION OF THE CITY OF NORTH BEND, WASHINGTON, AUTHORIZING THE ADOPTION OF THE 2020 KING COUNTY REGIONAL HAZARD MITIGATION PLAN UPDATE
WHEREAS, all of King County has exposure to natural hazards that increase the risk to life, property, environment and the County’s economy; and
WHEREAS, pro-active mitigation of known hazards before a disaster event can reduce or eliminate long-term risk to life and property; and
WHEREAS, the Disaster Mitigation Act of 2000 (Public Law 106-390) establishes new requirements for pre- and post-disaster hazard mitigation programs; and
WHEREAS, a coalition of King County, Cities, Towns and Special Purpose Districts with like planning objectives has been formed to pool resources and create consistent mitigation strategies within the King County planning area; and
WHEREAS, the City of North Bend joined this coalition through a letter of intent in January of 2019; and
WHEREAS, the coalition has completed a planning process that engages the public, assesses the risk and vulnerability to the impacts of natural hazards, develops mitigation strategies consistent with a set of uniform goals and objectives, and creates a plan for implementing, evaluating and revising this strategy;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORTH BEND, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City of North Bend adopts in its entirety, the King County Regional Plan Update (RHMP), and the City of North Bend jurisdictional annex.
Section 2. The City of North Bend will use the adopted and approved portions of the RHMP to guide pre- and post-disaster mitigation of the hazards identified.
Section 3. The City of North Bend will coordinate the strategies identified in the RHMP with other planning programs and mechanisms under its jurisdictional authority.
Section 4. The City of North Bend will continue its support of the King County Regional Hazard Mitigation Steering Committee and continue to participate in the planning partnership described in the RHMP.
Resolution 1 15 Council Packet June 2, 2020
Section 5. The City of North Bend will help to promote and support the mitigation successes of all the RHMP Planning Partners.
PASSED BY THE CITY COUNCIL OF THE CITY OF NORTH BEND, WASHINGTON, AT A REGULAR MEETING THEREOF, THIS 2ND DAY OF JUNE, 2020.
CITY OF NORTH BEND: APPROVED AS TO FORM:
______Rob McFarland, Mayor Michael R. Kenyon, City Attorney
ATTEST/AUTHENTICATED:
Effective: Posted: ______Susie Oppedal, City Clerk
Resolution 2 16 Council Packet June 2, 2020
City of North Bend Plan Annex
Introduction Jurisdiction Profile The City of North Bend prides itself as being the gateway to the Incorporated in 1909, the City of Cascades, with a recently adopted brand statement – “We are a North Bend, WA is a small highly livable small town that is the premier outdoor recreation community of approximately 7,000 destination in the Puget Sound Region.” A logging town residents in 4.41 square miles, historically, North Bend saw slow growth throughout the last located 36 miles east of Seattle century. The recent past has seen an increase in population, as is along Interstate-90. North Bend the case in the entire region. People move here both as a contains two rivers and is ringed by community near outdoor recreation and mountain activities, as well forested mountains. as suburban enclave with reasonable access to the major economic centers to the west (Seattle, Bellevue, Issaquah). North Bend’s government is a mayor-council form with a seven- Most North Bend is surrounded by rural and resource lands, except member council that create policy for the City of Snoqualmie directly to the west. Nearby lands and a mayor that is the City’s include unincorporated King County, constituting parklands, separately-elected chief executive resource lands and a handful of single-family residential officer. neighborhoods, as well as forested resource lands managed by both the Washington State Department of Natural Resources, and the United States Forest Service. This ring of green mountains around the City provides a natural feel not found in most other cities within King County. It also presents a unique suite of hazards. North Bend contains two rivers within its city limits, the South Fork and Middle Fork of the Snoqualmie River, making almost half the city regulated floodplain. One edge of the City contains debris flow hazard, where high gradient streams cross through a neighborhood at the base of Rattlesnake Ridge. Both wildfire and drought risks are now becoming a reality for North Bend. Development Trends Jurisdiction Point of Contact: North Bend has seen substantial growth in the recent past. From 2010 Name: Mark Rigos, PE to 2019 the WA OFM states the population has grown from 5,731 to Title: Deputy City Administrator an estimated 7,136, an increase of 21.5%. Most of this increase was Entity: City of North Bend single-family home construction in low density (4 units/acre) lands Phone: 425-888-7650 outside of the downtown core. As residential development slows, due Email: [email protected] to both market conditions and infrastructure capacity, the City is looking to increase commercial development to create a better balance. Plan Prepared By: Changes in Vulnerability — Since the 2015 RHMP update North Bend’s population has increased enough to require increased capacity Name: Jesse Reynolds, AICP in critical infrastructures such as its wastewater treatment plant, and Title: Senior Long Range Planner continued improvements to its transportation system. Regional Entity: City of North Bend changes in climate are bringing increased threat of drought and wildfire Phone: 425-888-7685 to this community. On the plus side, the City has made several steps Email: [email protected] to increase resilience, including moving its City Hall outside of the floodplain, and advancing its NFIP CRS class from a 6 to a 5.
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Council Packet June 2, 2020
City of North Bend Risk Summary North Bend explored all the natural and human-caused hazards that are a focus of the regional plan. Not all the hazards in the regional plan are relevant to the community, so a focus was made on those with consequences to North Bend.
• Naturally-Caused Hazards Focus includes: flood, severe weather & severe winter weather (combined), earthquake, erosion, landslides, and wildfire • Human-Caused Hazards Focus includes: civil disturbance, cyber-attack, dam failure, hazardous materials incident, public health emergency, structure fire, and terrorism More human caused hazards do threaten North Bend than what is covered below, but a potential instance would be minor, at a level that could be addressed by our local fire department (Eastside Fire & Rescue) and police department (North Bend & Snoqualmie Police). To fill the narratives and maps below, data provided by King County GIS and documentation from King County Office of Emergency Management were augmented with North Bend data, documentation, and knowledge of the local community. The assessments are intentionally brief, yet sufficiently succinct to provide information on potential impacts during a disaster, and to prioritize addressing vulnerabilities on a citywide planning scale. Hazard Risk and Vulnerability Summary HAZARD RISK SUMMARY VULNERABILITY SUMMARY IMPACT SUMMARY Avalanche No risk in city limits, No vulnerability in city limits No impact in city limits avalanche-prone terrain does not exist within or immediately adjacent to the City. Earthquake North Bend is North Bend is susceptible to Vulnerable populations particularly exposed to major damage, and potentially are more likely to earthquakes, due to long periods of time in isolation suffer during a severe adjacency to faults, and in the event of a major earthquake event, due geologic characteristics earthquake due to the amount of to the buildings to similar to other valley bridges in the transportation which they reside, lack bottoms in the Puget network. There are 21 bridges of general resources, Sound Region (see in or immediately adjacent to the and lack of funding to Figure 1, below). City (See Figure 3, below). This bridge themselves Several faults are located vulnerability is compounded financially if just west of the city with the presence of employment is stalled. limits, some within the liquefaction-prone soils. One vulnerable area southwestern edge of would be those living the City. These faults Though not always directly in the multi-family are almost completely correlated to damage from housing units in our within the Rattlesnake earthquakes, it is important to High-Density Mountain fault zone. note the ages of North Bend’s Residential Zone near Also, according to the building stock in relation to the Si View Park. FEMA RiskMap building construction regulations exercise, 93% of lands of the time. According to the There are several within the city limits are FEMA RiskMAP analysis, of the locally owned small moderately or highly 3096 buildings accounted for businesses that would prone to liquefaction. within the city limits, 646 be largely affected (20.9%) are pre-code from lack of construction (pre 1950), 513 transportation and North Bend Hazard Mitigation Plan Page 2 18 Council Packet June 2, 2020
According to the Puget (16.6%) are low-code utilities for long Sound Seismic Network construction (1951 to 1974), periods of time. It is there is a 10-20% 1419 (45.8%) are moderate-code unknown currently chance a subduction construction (1975 to 2003), and how many businesses zone earthquake will 545 (17.6%) are high-code have continuity plans happen in the next 50 construction (2004 to present). in case of a large years, which would Almost two thirds of North disaster. severely affect North Bend’s building stock were Bend. constructed during a time of More than half of moderate building code North Bend’s standards or better. employees live outside the City. A disrupted Disruption to communication, transportation system electricity, water and other means several utilities would be expected businesses would not during a major earthquake event. have employees temporarily. No major hospital exists within North Bend’s City limits, only a Reaching definitive clinic and three pharmacies. The medical care under two nearest hospital to the City is hours may not be Snoqualmie Valley Hospital, possible during a large which is on Snoqualmie Ridge earthquake event, and approximately 6 miles from hence medical services downtown North Bend. akin to a wilderness Snoqualmie Valley Hospital does setting. have an emergency room, but it is limited in capacity. The Basic government nearest major hospital with an services are likely to be emergency room is Swedish interrupted for several Issaquah Highlands, which is days to several weeks approximately 14 miles from relative to the downtown North Bend. magnitude of the event. Flood There have been 15 While severe floods in recent Businesses that are damaging floods from years have closed roads, disrupted by floods the Snoqualmie River in damaged bridges and impacted often must be closed the North Bend vicinity the levee systems on the (in 1990 some since 1975. The City of Snoqualmie River, North Bend businesses closed for North Bend, like many has been spared the worst of the several days). A review other jurisdictions in flooding in the upper of the 31 flood King County, was Snoqualmie Valley. Most of the insurance claims founded close to the flood damage has occurred in concluded that banks of a river because King County downstream of the businesses filed claims the river environment North Bend City limits and in at about the same level. provided opportunities the City of Snoqualmie. For the for navigation, most part, the existing levee Public expenditures on commerce, fishing, system has effectively protected flood fighting, logging, and agriculture. the North Bend downtown core. sandbags, fire Thus, older and in some North Bend has four repetitive department calls, clean cases historical portions loss properties. Brief up and repairs to of the City, including explanations of the City’s four damaged public North Bend Hazard Mitigation Plan Page 3 19 Council Packet June 2, 2020
North Bend’s relatively minor repetitive loss property affect all downtown core, are in properties are: residents of North areas that are vulnerable • Repetitive Loss #69324 Bend. In 1990, 1995, to flooding. (residential property) – 1996, 2003, 2006, Approximately 42 flooding is caused by February 2007, percent of North Bend’s backwater effects of December 2007, land area is mapped or creek flow due to December 2008 and identified as 100-year insufficient conveyance January 2009, there floodplain. capacity. were presidential • Repetitive Loss #183878 disaster declarations (residential property) – that provided disaster flooding here is assistance to local basement flooding governments and non- caused by backwater profit organizations in effects of localized King County. drainage. • Repetitive Loss #184102 Loss of road access is a (residential property) – major flood impact flooding here is caused that can affect all by seepage of river water residents and through the river levees. businesses in North Bend, not just those • Repetitive Loss #184405 that own property in (residential property) – the floodplain. In 1990, flooding here is caused Bendigo Boulevard at by seepage of river water South Fork Avenue through the river levees. and Mt Si Boulevard Additional repetitive loss were closed due to the properties are located outside of amount of water the North Bend City limits, but flowing over the road. within the designated Urban Many other local roads Growth Area (currently also had water flowing unincorporated King County). over them limiting access. This required detouring of traffic, and caused delays in the delivery of goods, and restricted access to some businesses and homes, etc.
There are two assisted living facilities located in the floodplain, which would need assistance with evacuation in the case of a catastrophic flooding event. Details of these facilities is contained in the Sever
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Weather/Winter Weather section below.
Landslide According to the FEMA During periods of major rainfall, Impact from landslides RiskMAP analysis the residences in and around the within the City Limits results no landslide debris flow hazard, is almost exclusively to hazards exist within the approximately November those homes in the City Limits, except for a through January, are at most debris flow zone. Risk small area where SE risk. to such an event is North Bend Way is most likely in close to the Middle Fork Approximately 40 homes and 4 conjunction with a of the Snoqualmie River. apartments are within the severe weather event. footprint of the debris flow No additional impacts The City maintains a hazard layer. These residences to vulnerable debris flow hazard layer are in the upper section of the populations are produced from technical Forster Woods Neighborhood expected from this reports. There is a stated and the Arrive Apartment hazard. debris flow hazard in the Complex. southwest corner of the Environmental impacts City Limits. This is due would include to several high gradient sedimentation to the streams above the Ribary and Gardiner existing residential Creek systems, and developments. potential destruction of riparian habitat.
Infrastructure systems such as power, gas, water, and sewer may be impacted locally. Severe North Bend receives Those without shelter would be Resident impacts Weather/Winter considerably more rain the most vulnerable during a include property Weather (combined per annum than any weather event in North Bend. damage, interruption to due to large overlap) other incorporated area Cold events may require opening daily activities, and in King County, with additional shelter spaces. Low injuries. Longer-term exception only to its income populations are severe weather such as neighbor Snoqualmie. vulnerable as well, with limited droughts take longer to Within the City Limits funds for utilities and paycheck materialize, but can annual rainfall varies, continuity if work is interrupted. lead to other hazards with the western edge of During major snow events those such as wildfire, thus town receiving who live on the lower priority affecting health approximately 60in per roads for plowing are vulnerable through poor air year, and the eastern as well; the City prioritizes quality. North Bend edge closer to 90in per plowing by street use volume, currently has two full- year. During severe meaning some roads may not be care nursing homes. weather events North cleared for a few days. Local Regency North Bend is Bend experiences businesses may be at risk if they a rehabilitation and blockages in its are closed for several days and nursing center located transportation network do not have continuity measures in the downtown core, due to road flooding, as in place. Residents on long and houses well as power outages. private roads would need the approximately 40 ability to facilitate their own people. Red Oak North Bend Hazard Mitigation Plan Page 5 21 Council Packet June 2, 2020
Occasionally snow removal, as this is not a Retirement Center, precipitation comes in City function. Aboveground which houses the form of snow. This power lines are a risk for wind approximately 50 past February 2019 saw events with tree-fall. All residents, is located just an extraordinary snow residents would be vulnerable east of downtown next event, where North during multi-day events. to Torguson Park. Bend received 30 inches. Both facilities would This event followed need attention during a three previous snowfall major weather event. events the past week, totaling as much as 24 Small businesses could inches. Over $243,000 have interrupted capital was spent on labor, flows during multi-day contractor assistance, storms. Also, several fuel, parts and materials, commercial areas, and damages. A city including North Bend’s emergency was declared, downtown, are within but no funding flood zones and could assistance was available be interrupted. because the disaster was considered a snow Impacts from urban removal event. flooding during long periods of rainfall In addition to cause property damage, precipitation events, especially in low-lying heavy winds, extreme areas with a high cold and ice, extreme groundwater table. heat, and drought are all potential hazards within Normal government North Bend. operation would often be interrupted during severe storms, as was the case during the February 2019 snowstorm where normal operations halted for a week.
Tsunami No risk in city limits No vulnerability in city limits No impact in city limits Volcano There are no volcanos In case of an eruption ash may If ash fall occurs there near North Bend, nor is fall on North Bend is potential for North Bend within a respiratory issues lahar zone among vulnerable populations. Wildfire North Bend has not Populations at the fringes of the Communities adjacent been considered at risk City and adjacent to large to Rattlesnake Ridge, for wildfires in the past. wooded areas, especially in the Mt. Si, Meadowbrook This has changed in western, eastern, and southern and Tollgate Farms, recent years. Longer edges of the City Limit have a and other vegetated dryer summers have direct threat to wildfire. areas in the eastern made the City more North Bend Hazard Mitigation Plan Page 6 22 Council Packet June 2, 2020
prone to a major North Bend also may have a portion of the City are wildfire event. The higher risk of smoke exposure at greater risk. summers of 2017 and and PM2.5 than other 2018 saw not only a communities in King County Vulnerable larger fire presence on due to the proximity of adjacent populations, especially the western slope of the wildlands and Snoqualmie Pass, those with respiratory Cascade Range, but where eastern airflow often issues are at greater deteriorated air quality occurs during times of inland health risk during times in North Bend and high pressure. of large regional around the region not wildfires and associated seen in recent history. Building codes and general site air quality declines. design criteria are not designed For a sense of local for wildfire resilience because The economy of North wildfire risk to North they are a rare occurrence (200 Bend would suffer, Bend one can view the to 300-year interval), and because residents and Washington State because the nature of the event visitors from DNR’s Wildland Urban would most likely be neighboring Interface (WUI) study catastrophic. Though structural communities would results (Figure 5, below). fire standards are met with all less likely leave their Specific to North Bend, new development, with either homes. high fire risk exists in adequate water flow and the lands surrounding proximity of hydrants, or the City Limits. An sprinklering. explanation of the WUI study and the significance of its results can be found in the wildfire risk assessment of the main RHMP document. Civil Disturbance To the knowledge of North Bend would be most Such an event would municipal staff North vulnerable to such instances as affect the local Bend does not have a violent demonstrations, or riots economy, as well as history of civil during large city events in the public perception of disturbance nor an downtown. It is important to rule and order. elevated threat for a city continue to maintain a strong Relative to the scale of of its size, but some relationship with the North the event more serious attention should be paid Bend/Snoqualmie Police. ramifications may to the possibility. occur. Government facilities and businesses would be the most vulnerable during such an event. Cyber Attack The threat of a cyber North Bend’s water and A cyber attack could attack is always possible, wastewater systems are run via a affect the distribution and phishing of City SCADA system. With this some of water supply to employees in North level of vulnerability exists. An residents within the Bend occurs daily, organized attack could North Bend water though there have been potentially hinder distribution system. It would also no known instances of systems until the problem is affect the operation of penetration of systems. solved, effecting the lives of North Bend’s Last year the City residents as well as the health of wastewater treatment migrated almost all of the Snoqualmie River, plant. North Bend Hazard Mitigation Plan Page 7 23 Council Packet June 2, 2020
it’s files and systems downstream of the City’s onto cloud-based wastewater treatment plant. A cyber attack on servers, making its With current protective systems government computers information and daily in place it is felt the most could hinder day-to- processes less vulnerable vulnerable threat to security day operations within to hacking. would have to come from the City from the short somewhere internally. to mid-term.
Though the threat always exists, North Bends digital infrastructure is seen to have a low level of vulnerability relative to before.
Dam Failure Though no dams are According to the Seattle Public In the event of a upstream of the City Utilities Masonry Dam Masonry Dam failure Limits within its two Emergency Action Plan (2014 major casualties and major watersheds, the Update) inundation maps North property damage could Middle Fork and South Bend would not be affected by a occur in areas just Fork of the Snoqualmie catastrophic dam failure. This outside the City, River, Masonry Dam, dam is located within the Cedar meaning City resources which holds the City of River Watershed, outside of City may be needed. Seattle’s water supply in Limits. Secondary effects Chester Morse Lake is would mean the City nearby. Failure of A secondary vulnerability to a loses its mitigation Masonry Dam would failure of Masonry Dam would water for summer present a longer-term be the loss of the mitigation instream flows environmental threat to water resource North Bend uses threatening riparian North Bend because the to augment low in-stream flows habitat in the South Dam provides the City on the Snoqualmie River. This Fork and proving very with mitigation water is a requirement for North Bend costly. Another for the South Fork set forth by the Washington secondary effect would during times of low State Department of Ecology. be the draining of flow. This is considered Rattlesnake Lake, an issue outside the which has become a domain of this RHMP very popular outdoor Annex. destination. Hazardous No major sources of Despite small and desegregated A contaminant plume Materials Incident hazardous materials pollution sources throughout the resulting from an exist in North Bend, City, hazards do exist. A large accident at any of the although there are minor portion of the central section of mentioned facilities in sources throughout the the City is a CARA 1 zone. This town could result in at City. There are 8 gas coupled with a shallow the least minor and stations clustered off groundwater table in the rainy temporary both Exits 31 and 34, 2 months provides a higher than environmental damage, dry cleaners, and several comfortable threat to water and at the most a semi- small light industrial and supply. North Bend’s permanent water automotive mechanic development review team is supply contamination shops through out the acutely aware of these problem. City. vulnerabilities and the state laws that apply, hence certain land use North Bend Hazard Mitigation Plan Page 8 24 Council Packet June 2, 2020
types are disallowed in these areas. Public Health North Bend, due to its The physically vulnerable In general, a major Emergency isolation and lack of populations of North Bend health incident could population relative to would be at most risk. impact the entire City, other municipalities in Specifically, those with stunting economic King County may be at jeopardized immune systems, activity and services less risk. Though if a young children and senior available. health incident were to citizens, and those that are happen the City’s financially disadvantaged. As is the case with the isolation may work at a recent e-coli outbreak disadvantage, with the within the Sallal Water closest hospital being 6 Association, the impact miles away, and the is severe in terms of closest hospital with a affecting businesses major emergency room and the daily lives of facility being 14 miles residents in this area. away. Bottled water must be procured and used, or As of October 2019, water must be boiled. North Bend citizens in This severely limits the eastern portion of what can be done in the City Limits had an these areas. E-coli outbreak in the water supply of areas There are no served by the Sallal anticipated impacts to Water Association, a property, private water purveyor. infrastructure, or the Though no illness has environment with a been reported officially, health incident. Health this incident had a major systems, the economy effect on residents’ lives, and government requiring water to be operations would be boiled before use. Sallal affected relative to the now must chlorinate size of an outbreak. their water for at least one year. Structure Fire Most residential Though North Bend is The impact of structures are stick-built vulnerable to structure fires, structure fires would within the City, hence occurrences are rare. The City be isolated to those some level of risk, uses the International Building whose buildings were though most of the Code and most of the building involved, be it a local housing stock is built stock was constructed post- business or a residence. intentionally to retard WWII, but structure fires are still Such fires present a fires and is either near a a threat. Eastside Fire & Rescue hazard and associated hydrant with adequate Station 87 is in the center of the stresses to the flows or is sprinkled. City, and generally has 3 firefighters involved, North Bend still allows firefighters on shift at any given but a fire event fireworks for time. generally will not affect Independence Day, government operations which presents more or other components of the community. North Bend Hazard Mitigation Plan Page 9 25 Council Packet June 2, 2020
risk than municipalities that do not. Terrorism No City is completely Acts of terrorism during Something as acute as free of a terrorism community events could prove an active shooter, or threat. The most to be devastating if the malintent longer-term such as vulnerable moments for were successful. Acts of exposure to a the City throughout the violence could prove deadly in biological chemical year would be during many forms. The effects of a could be devastating to any of the several terrorist event such as an active this community. community events that shooter are completely relative occur in the downtown to the specific event. The City of North core. These events often Bend and Snoqualmie involve street closures, Police Department are which are then densely very aware of potential populated with threats. Often a community members volunteer amateur and partygoers. Other radio team, North instances with the Bend ARES, Team is largest threat for deployed to support terrorism would be policing during indoor gatherings such community events. as those at a City The City is considering Council event, or the active shooter training North Bend Theater. for employees.
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Hazard and Asset Overview Map(s)
Figure 1: Earthquake Hazard - Liquefaction potential within City Limits, with critical facilities shown.
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Figure 2: Flooding Hazard – Special Flood Hazard Area (1% chance event) and floodway, with critical facilities shown.
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Figure 3: Earthquake and Flooding Hazard – Comprehensive map of bridges (vehicular and pedestrian) in and immediately adjacent to North Bend
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Figure 4: Landslide Hazard – Debris Flow, Erosion and Landslide Hazard within City Limits, with critical facilities shown (landslide hazard and buffer barely visible where SE North Bend Way and the Middle Fork of the Snoqualmie River are closest).
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Figure 5: Wildfire Hazard – Wildland Urban Interface Fire Risk, with critical facilities shown.
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Plan Update Process The City of North Bend participated in the multi-jurisdictional planning process led by King County, conducting it’s update in the most detailed manner possible given limited staff resources. The update was mostly completed by the primary plan preparer through review of existing plans/documentation, avid communication with internal staff and consultants, and King County. The update was reviewed and edited by several key staff members, then reviewed by elected officials as a final step to mark completion. Mitigation strategies were developed as a result of public outreach results, communication with City Council members, and reviewing related City plans and documents to verify consistency. General steps for the update process consisted of: 1. Researching and documenting existing hazard mitigation related materials in the City 2. Summarizing vulnerabilities to hazards 3. Public outreach and integration of results 4. Input from elected officials 5. Development of mitigation strategies 6. Culmination and approval of Annex Jurisdiction Planning Team NAME TITLE ORGANIZATION CONTRIBUTION Jesse Reynolds, AICP Long Range Planner City of North Bend Contributor Mark Rigos, PE Deputy City City of North Bend Reviewer Administrator, Public Works Director David Miller, AICP Community and City of North Bend Reviewer Economic Development Director Tom Mohr, PE Deputy Public Works City of North Bend Reviewer Director Don DeBerg, PE City Engineer City of North Bend Reviewer Chris Cote SCADA Administrator City of North Bend Reviewer Mike McCarty, AICP Senior Planner City of North Bend Reviewer Jamie Burrell Senior Planner City of North Bend Reviewer Carrie Smith Public Works Office City of North Bend Reviewer Coordinator Erin Mitchell Accounting Assistant, City of North Bend Reviewer Emergency Management Team
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Plan Update Timeline PLANNING ACTIVITY DATE SUMMARY ATTENDEES Letter of Intent to January 17, Letter of Intent authorized and David Miller, Janice participate in the 2019 signed by North Bend Community Rahman RHMP 2020 Update and Economic Development Signed Director RHMP 2020 Kickoff February 25, Initial meeting with King County Derrick Hiebert, Jesse Meeting 2019 staff to discuss 2020 RHMP update Reynolds, Mike McCarty, process, and plan requirements Carrie Smith, Mike Sippo Background March to July Review 2015 Annex, RiskMap data Jesse Reynolds Information Gathering 2019 from King County, and existing and Culmination North Bend GIS data for a baseline. Review of internal plans and reports, including: 2019 Capital Improvement Plan, 2015 Comprehensive Plan, 2019 Shoreline Master Plan, 2014 Stormwater Comprehensive Plan Update. Complete hazard risk July to Create narratives of risks from Jesse Reynolds and vulnerability September background information, GIS summary 2019 analysis and interviewing North Bend employees and consultants Detail hazard October Combine information culminated Jesse Reynolds mitigation strategies 2019 from abovementioned steps to and finish RHMP assemble a complete RHMP Annex Annex draft Internal Staff and King October to Internal staff to review sections of Don DeBerg, Mark Rigos, County Review of November plans and provide input, specifically David Miller, Chris Cote, RHMP Annex draft 2019 with mitigation strategies. Draft was Carrie Smith, Mike also sent to Derrick Hiebert for McCarty, Jamie Burrell, input Erin Mitchell, Derrick Hiebert Review of RHMP November Review by North Bend’s Mayor and Mayor Ken Hearing, Annex final draft by 2019 City Council Committee for Public Councilmember Alan North Bend Elected Health & Safety (November 11th Gothelf, Councilmember Officials Meeting) Ross Loudenback, Councilmember Martin Volken RHMP 2020 Update November Address final edits and send Derrick Jesse Reynolds completed and sent to 2019 Hiebert final draft King County
Public Outreach Three events open to the public were held throughout the Annex development process, each of a unique nature. The first event was a traditional outreach event held in the North Bend Public Library and was designed to be an opportunity to receive live input from community members. The second event was an online survey created to reach those who are unable to attend live evening events. The third event was a Council Committee meeting covering mitigation strategies. This meeting was open to the public, and public input was made.
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Public Outreach Events EVENT DATE SUMMARY ATTENDEES Public Outreach July 24, 2019 A workshop held at the North Bend Public Jesse Reynolds, Hazard Mitigation from 6 to 8pm Library designed to explain the RHMP, Derrick Hiebert, Jason Event at North conduct a SWOT exercise to assess Sharron – event was Bend Library perceived community resilience to hazards, open to the public group presentations resulting from the exercise, an informational moment on the NFIP and North Bend’s participation, and conclusion. The event was advertised on the City website and announced multiple times on Facebook and Nextdoor. Google Survey Survey open A Google Survey was created for public 37 community from mid- input and links were posted on the City participants August to mid- website, City Facebook, and City Nextdoor. September Repostings were made on Facebook and Nextdoor to increase participation. The survey was designed to gauge public sentiment on North Bend’s assets and their resilience to natural and human-made disasters. Disasters were summarized and presented to the Council Public Health and Safety Committee and used to refine mitigation strategies. Results are available here: https://forms.gle/wQS4YEE1KRW7bpkJ7 City Council Public October 8, 2019 A meeting to solicit Council input on a Jesse Reynolds, Mark Health and Safety from 4:30 to draft list of mitigation strategies, open to Rigos, Committee 6pm public input. This meeting was attended by Councilmember North Bend’s Community Emergency Loudenback, Response Team (CERT) lead. The results Councilmember of this meeting were a cogent list of Gothelf – event was strategies to give focus. open to the public
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Jurisdiction Hazard Mitigation Program Hazard mitigation strategies were developed through a Plan Goals two-step process. North Bend conducted an internal meeting with the planning team to identify a • Continue to maintain NFIP CRS 5 comprehensive range of mitigation strategies. These rating strategies were then prioritized using a process established • Enhance resilience to severe/winter at the county level and documented in the base plan. storms • Strengthen EOC capabilities The combination of being an NFIP community with a • Increase earthquake resilience CRS 5 rating, and last February’s major snowstorm in • Continue increasing transportation recent memory, the bulk of mitigation efforts lie within network resilience floodplain management and preparedness for severe and winter weather. Though despite limited staff and budget • Expand relationship with adjacent land beyond what is necessary to address the abovementioned, managers by adding hazard mitigation North Bend plans to take creative approaches to coordination ameliorating its hazard mitigation resilience to other types • Enhance cybersecurity within the City of events. These approaches include: public awareness, enhanced transportation network resilience, expanding relationships with adjacent landowners, and improving cybersecurity. Plan Integration North Bend’s intention with this Annex to the King County Plan is beyond just filling requirements, but as a primer and base guide to help integrate hazard mitigation into everyday practice at the City. Hazards are hard to ignore in a city nestled on the edge of the Cascade Mountains, with two rivers within city limits, not to mention the plethora of potential human-caused disasters that could occur in any setting. For this reason and for the sake of community resilience North Bend has been and to a greater degree will be dedicated to integrating the contents of this Annex and the Regional Plan into our planning mechanisms. In the past, hazard mitigation content from the Annex has been integrated into other Planning and Public Works mechanisms through various actions. The first sections of the Hazard Mitigation Authorities, Responsibilities, and Capabilities section below showcase how hazard mitigation is currently integrated into City plans and programs. Activities the City has accomplished as a result of past Annexes to the Regional Plan include the following:
• Bridges – The Annex has been used in conjunction with bridge inspection reports to identify critical structures and prioritize maintenance and repairs. • Liquefaction Potential – This portion of the Annex has informed the City where additional geotechnical analysis is needed for newly constructed city-owned structures. • Seismic Potential – This portion of the Annex has been used to inform the writers of both the water and sewer planning documents of areas of high seismic vulnerability in the City. Both plans accounted for and reflect this vulnerability, with the water plan recommending specific projects to mitigate for seismic activity. • Emergency Contacts – Creation of the Annex forced the City to reach out to other entities to begin forming valuable relationships where none existed before. These could prove invaluable in times of emergency. • Removal of Critical Facilities from the floodplain – The Annex was referenced to help gain momentum to relocate North Bend’s City Hall outside of the Special Flood Hazard Area.
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With this Annex update the City plans to take a more integrated approach to hazards mitigation by further integrating its content into other planning mechanisms, specifically North Bend’s Comprehensive Plan (Comp Plan). The City is in the process of preparing for a multi-year Comp Plan update, and is currently conducting preliminary spatial analysis, calculations, and reporting do determine available land capacity for future growth. Once the full Comp Plan update ensues, during the years of 2021 through 2024, hazards mitigation will be a key topic integrated throughout all appropriate elements of the Plan. Like other jurisdictions within Washington State that plan under the Growth Management Act of 1990, the Comp Plan is the backbone of all other planning efforts and associated documents for the next eight years. Integrating hazard mitigation into our Comp Plan as our mainstay planning mechanism has been evident through several actions as primer to the full update. North Bend planning staff have participated in the Washington State Department of Commerce’s “Integrating Natural Hazards into Washington Comprehensive Plans 2019 Workshop Series.” North Bend also volunteered the be a case study for a masters-level hazard mitigation course at the University of Washington, where final products from the course will be used as insights while kicking off the integration of earthquake and wildfire resilience content into our Comp Plan. Currently, North Bend’s Planning Staff is assisting King County develop concepts on how to integrate hazard mitigation into the countywide planning policy update. All these instances will be reflected upon when conducting the Comp Plan update process. North Bend’s Comp Plan is the basis of all other planning mechanisms and is often referenced as other subsidiary citywide and subarea plans and initiatives are created and pursued. For this reason, it has been decided to integrate hazard mitigation into all appropriate elements of the plan, versus creating a standalone hazards mitigation element, to ensure cost-effective risk-reducing projects and actions become the norm. This will make it so when addressing such topics as land use, housing, transportation, capital facilities, utilities, parks & open space, and environmental assets, hazard mitigation will already be a part of the base document. This will help us inform municipal code updates such as zoning and critical areas, economic development initiatives, capital facilities planning, and transportation project prioritization, to name a few. Plan Monitoring, Implementation, and Future Updates King County leads the mitigation plan monitoring and update process and schedules the annual plan check-ins and bi-annual mitigation strategy updates. Updates on mitigation projects are solicited by the County for inclusion in the countywide annual report. As part of participating in the 2020 update to the Regional Hazard Mitigation Plan, North Bend agrees to convene its internal planning team at least annually to review their progress on hazard mitigation strategies and to update the plan based on new data or recent disasters. As part of leading a countywide planning effort, North Bend will review and address any federal notices of funding opportunities sent by the King County Emergency Management for the Hazard Mitigation Assistance Grant Program. Proposals from North Bend will be assessed by King County according to the prioritization process identified in this plan. King County will, where possible, support North Bend submitting grant proposals. This will be a key strategy to implement the plan. The next plan update is expected to be due in April 2025. All jurisdictions will submit letters of intent by 2023, at least two years prior to plan expiration. The county will lead the next regional planning effort, beginning at least 18 months before the expiration of the 2020 plan. Continued Public Participation King County, North Bend, and local volunteer groups already maintain substantial public outreach capabilities, focusing on personal preparedness and education. Information on progress in implementing the hazard mitigation plan will be integrated into public outreach efforts. This will provide North Bend residents, already engaged in personal preparedness efforts, with context and the opportunity to provide feedback on the county’s progress and North Bend Hazard Mitigation Plan Page 20 36 Council Packet June 2, 2020
priorities in large-scale mitigation. In the vertical integration of risk-reduction activities from personal to local to state and federal, it is important that the public understand how its activities support, and are supported by, larger- scale efforts. The outreach and mitigation teams will also continue to work with media and other agency partners to publicize mitigation success stories and help explain how vulnerabilities are being fixed. When possible, public tours of mitigation projects will be organized to allow community members to see successful mitigation in action. Hazard Mitigation Authorities, Responsibilities, and Capabilities The following is a list of Plans that relate to hazard mitigation performed by North Bend. Plans PLAN TITLE RESPONSIBLE AGENCY POINT OF CONTACT RELATIONSHIP TO HAZARD MITIGATION PLAN Comprehensive Plan City of North Bend David Miller Relates to “Earthquake,” “Flood,” and “Landslide” hazards. Comprehensive City of North Bend Mark Rigos Relates to all hazards Emergency Management Plan Floodplain City of North Bend Tom Mohr Relates to “Flood,” and Management Plan “Severe Weather” Hazards” Stormwater Master City of North Bend Tom Mohr Relates to “Flood,” and Plan “Severe Weather” Hazards” Capital Improvement City of North Bend Mark Rigos Relates to all hazards. Plan Annual Budget City of North Bend Dawn Masko Funds all hazard mitigation related planning efforts Equipment City of North Bend Dawn Masko Relates to all hazards. Replacement Schedule
The following is a list of programs, policies, and municipal codes regarding hazard mitigation in North Bend. Programs, Policies, and Processes PROGRAM/POLICY RESPONSIBLE AGENCY POINT OF CONTACT RELATIONSHIP TO HAZARD MITIGATION PLAN Emergency Services City of North Bend Mark Rigos Relates to all hazards. Department Code (Chapter 2.68) Health and Safety City of North Bend Colin Mercer Relates to “Wildfire,” (Title 8) “Terrorism,” and “Hazardous Materials Release”
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Public Peace, Morals, North Bend and Captain Nick Almquist Relates to “Civil Unrest” and Welfare (Title 9) Snoqualmie Police and “Terrorism” Department Environmental City of North Bend David Miller Relates to “Drought,” Protection (Title 14) “Flood,” “Landslide,” and “Winter Storm” Building Codes (Title City of North Bend Colin Mercer Relates to “Earthquake,” 15) “Flood,” and “Winter Storm” Zoning (Title 18) City of North Bend David Miller Relates to “Flood” Public Works City of North Bend Tom Mohr Relates to “Earthquake,” Standards “Flood,” “Winter Storm,” and “Transportation Accident” Social Media Program City of North Bend Jill Green Relates to all hazards. Stormwater City of North Bend Tom Mohr Relates to “Flood” and Management Program “Severe Weather” hazards. Landscape Review City of North Bend David Miller Relates to “Landslide” Program hazard.
IT Security Policy City of North Bend Dawn Masko Relates to “Cyber- Attack” hazard.
Purchasing Policy City of North Bend Dawn Masko Relates to all hazards except “Cyber-Attack,” “Public Health Incident,” and “Terrorism.”
The following is a list of public agencies responsible for hazard mitigation in and around North Bend. Entities Responsible for Hazard Mitigation AGENCY/ORGANIZATION POINT OF CONTACT RESPONSIBILITY(S) City of North Bend Mark Rigos Primary jurisdiction WSDOT Kayla Grayson Transportation on regional roadways (I-90 & SR-202) WA Dept. of Ecology Ria Burns Water quality and environmental health WA Dept. Natural Laurie Benson Agency managing surrounding wildlands Resources WA Dept. of Health Brietta Carter Drinking water quality United States Forest Martie Schramm Agency managing surrounding wildlands Service King County Public Patty Hayes Overall oversight and management of vectors as well Health as outbreaks and general public health-related info King County Emergency Jason Shirron North Bend liaison for the agency managing regional Management EOC, in addition to surrounding wildlands and rivers North Captain Nick Almquist Police services within North Bend Bend/Snoqualmie Police Department Eastside Fire & Rescue Chief Jeff Clark Fire and EMS services within North Bend
North Bend Hazard Mitigation Plan Page 22 38 Council Packet June 2, 2020
Snoqualmie Valley Amy Biggs Local public transportation agency Transit Snoqualmie School Ryan Stokes Administration of all public schools in North Bend District Seattle Public Utilities Kathy Curry Partial supplier of water for North Bend. Also manages dam near the City. Republic Services Russell Joe Solid waste Puget Sound Energy Sandy Leek Electrical utility Tanner Electric Steve Walter Electrical utility Sallal Water Co-op Ted Stonebridge Water utility Century Link Bill Davis Communications utility
National Flood Insurance Program
National Flood Insurance Program Compliance
What department is responsible for floodplain A joint effort between Public Works and Community management in your community? and Economic Development Departments Who is your community’s floodplain David Miller, AICP administrator? (title/position) Community and Economic Development Director What is the date of adoption of your flood October 16, 2018 damage prevention ordinance? When was the most recent Community October 8, 2019 Assistance Visit or Community Assistance Contact? Does your community have any outstanding None NFIP compliance violations that need to be addressed? If so, please state what they are? Do your flood hazard maps adequately address Yes, because they cover more than the areas the flood risk within your community? If so, inundated during the most severe floods on record. please state why. Does your floodplain management staff need any Yes. More training is always welcome, specifically: assistance or training to support its floodplain development in the floodplain, drainage issues, management program? If so, what type of Elevation Certificate training, CRS training. training/assistance is needed? Does your community participate in the North Bend is a CRS 5 Community; and has no plans Community Rating System (CRS)? If so, what is currently to pursue a CRS 4 status. your CRS Classification and are you seeing to improve your rating? If not, is your community interested in joining CRS? How many Severe Repetitive Loss (SRL) and SRL: 0 Repetitive Loss (RL) properties are located in RL: 4 your jurisdiction? Has your community ever conducted an elevation No, but the King County River and Floodplain or buy out of a flood-prone property? If so, what Management Division has purchased and demolished fund source did you use? If not, are you repetitive loss properties within North Bend City interested in pursuing buyouts of flood prone Limits. properties?
North Bend Hazard Mitigation Plan Page 23 39 Council Packet June 2, 2020
North Bend Hazard Mitigation Plan Page 24 40 Council Packet June 2, 2020
Hazard Mitigation Strategies North Bend’s 2015 Hazard Mitigation Strategy update identified seven strategies. Of these strategies all are ongoing. Instead of copying these strategies into the 2020 section, it was decided to translate their content into revamped goals that better fit our City scenario five years later. All the substantive content from the 2015 goals remains, just in a different format. To broaden the range of the 2020 strategies, some of the on-going 2015 strategies were consolidated into single thematic strategies. For example, all NFIP related efforts (maintaining good standing, addressing hazard-prone structures, CRS status) now fall under the new floodplain management strategy. Another example is the old NB-5 regarding agency coordination and drills now falls under both the new NB-3 and NB-6. In addition to the revamped 2015 strategies, strategies addressing hazards not considered in the 2015 update are now present. These include cybersecurity, coordination with adjacent land managers regarding wildfire and landslide hazards and increasing city infrastructure resilience beyond just stormwater. 2015 Hazard Mitigation Strategy Status STRATEGY DESCRIPTION PRIORITY STATUS NB-1 Continue to maintain compliance and good standing under the National High On-going, Flood Insurance Program. This will be accomplished through the via 2020 implementation of floodplain management programs that, at a Strategy minimum, will meet the minimum requirements of the NFIP, which NB-1 include the following: •Enforcement of the adopted flood damage prevention ordinance, •Participating in floodplain identification and mapping updates, and •Providing public assistance/information on floodplain requirements and impacts NB-2 Where appropriate, support retrofitting, purchase, or relocation of Low On-going, structures located in hazard-prone areas to protect structures from via 2020 future damage, with properties with exposure to repetitive losses as a Strategy priority NB-1 NB-3 Continue to maintain/enhance the City’s classification under the High On-going, Community Rating System via 2020 Strategy NB-1 NB-4 Continue to maintain our equipment to be fully available in the event of Medium On-going, severe storms and weather via 2020 Strategy NB-2 NB-5 Continue coordinating amongst neighboring agencies during emergency High On-going, events; coordination shall include planning, training and drills via 2020 Strategies NB-2, NB-3, NB-5, & NB-6 NB-6 Implement capital improvement projects identified in stormwater High On-going, management plan via 2020 Strategy NB-1 & NB-5 NB-7 Continue to enforce building codes on new construction and remodels High On-going, via 2020 Strategy North Bend Hazard Mitigation Plan Page 25 41 Council Packet June 2, 2020
NB-1 & NB-4
2020 Hazard Mitigation Strategies STRATEGY LEAD AGENCY/POC TIMELINE PRIORITY NB-1, Enhance Flood City of North Bend On-going High Resilience (Addresses Flood, Severe/Winter Weather) NB-2, Enhance City of North Bend On-going High Severe/Winter Storm (Addresses Flood, Resilience Severe/Winter Weather) NB-3, Strengthen EOC City of North Bend 2022 High Capabilities (Addresses all hazards relevant to North Bend) NB-4, Increase City of North Bend On-going Medium Earthquake Resilience (Addresses Earthquake) NB-5, Infrastructure City of North Bend On-going Medium Resilience (Addresses all hazards relevant to North Bend) NB-6, Coordination City of North Bend On-going Low with Adjacent Land (Addresses Flood, Landslide, Managers Wildfire) NB-7, Enhance City of North Bend 2022 Medium Cybersecurity (Addresses Cyber Attack, Terrorism)
North Bend Hazard Mitigation Plan Page 26 42 Council Packet June 2, 2020
Hazard Mitigation Strategy NB-1: Enhance Flood Resilience Lead Points of Partner Points of Contact (Title) Hazards Funding Sources and Estimated Costs Contact (Title) City Public Works and Community Mitigated / Regular staff time for CRS City Administrator and Economic Development, King Goals Addressed SR202 Culvert Replacement Project Cost County Flood Control District, NB-1 addresses Estimate – $500,000 WA Dept of Ecology, Puget Sound flooding, severe Nintendo Levee Setback Cost Estimate - Partnership, Salmon Recovery storms and winter $10,000,000 Funding Board weather hazards Two (2) Bendigo Blvd S. Fork Bridge Replacements - $25,000,000 each Strategy Vision/Objective Reduce risk to public and private property during flood events.
Mitigation Strategy Continue to maintain the City’s good standing with the National Flood Insurance Program (NFIP) and Community Rating System (CRS) 5 rating, including all related activities. Specific activities include: • Pursue capital projects to lessen flood hazard • Retrofit, purchase, or relocation of structures in hazard prone areas • Continue to enforce building codes for development in the floodplain • Implement capital improvement projects identified in Stormwater Management Plan
2-Year Objectives 5-Year Objectives Long-Term Objectives Continue CRS 5 maintenance, creating CRS 5 maintenance, complete CRS 5 maintenance, exploration of other efficiency in tasks where possible, secure Nintendo Levee Setback & capital improvements to lessen flood hazard funding for Nintendo Levee Setback & SR202 Culvert Replacement relative to NFIP Map update results, SR202 Culvert Replacement Project Project Cost replacement of both the Bendigo Boulevard South Fork Bridges
Implementation Plan/Actions • Continue to disallow development in the floodway and follow NFIP standards when reviewing floodplain development. • Solidify CRS 5 rating by further integrating best management practices and documentation into daily employee routines. • Pursue capital projects to lessen flood hazards, specifically the SR202 Culvert Replacement Project & Nintendo Levee Setback. Replacement of both the Bendigo Boulevard South Fork Bridges to allow for greater conveyance would come at much later dates.
Performance Measures Increased resilience to changing hydrologic regimes due to climate change, measured by: minimal damage to older buildings from flood events, no damage to new commercial buildings from flood events, no inundation of new homes.
North Bend Hazard Mitigation Plan Page 27 43 Council Packet June 2, 2020
NB-2: Enhance Severe/Winter Storm Resilience Lead Points of Contact Partner Points of Contact (Title) Hazards Mitigated / Funding Sources (Title) City Public Works and Community and Goals Addressed and Estimated City Administrator Economic Development NB-2 addresses Costs flooding, severe storms Existing capital in and winter weather City General Fund hazards Strategy Vision/Objective Enhance resilience to severe and/or winter storms and severe storms that affect the City’s residents, businesses, and built capital.
Mitigation Strategy • Maintenance of City heavy equipment • Maintain and increase contracts and interlocal agreements with neighboring agencies (WSDOT with snow plow resources, support from Eastside Fire and Rescue) • Establish new or continue on-call agreements with local private companies for such activities as debris removal, plowing, and structural assessments. • Increase sandbagging capacity • Continue to support King County levee maintenance efforts
2-Year Objectives 5-Year Objectives Long-Term Objectives Maintenance of City heavy equipment, Maintenance of City heavy equipment, increase Maintenance of City heavy establish and continue on-call agreements training & capabilities of City Staff for EOC equipment, increase training with local contractors, increase sandbagging operation (see strategy NB-3) & capabilities of City Staff capacity for EOC operation (see strategy NB-3)
Implementation Plan/Actions • Assess City heavy equipment inventory, maintain equipment where possible, procure new equipment where needed • Update interlocal agreements with neighboring jurisdictions, agencies with emergency management support, and local contractors with heavy equipment and operators • Establish an on-call agreement with a structural engineering firm for building, bridge, and road assessments when needed • Continue to require undergrounding of utilities through private development and programmatic actions
Performance Measures Increased performance of City during severe and winter storm events.
North Bend Hazard Mitigation Plan Page 28 44 Council Packet June 2, 2020
NB-3: Strengthen EOC Capabilities Lead Points of Contact Partner Points of Contact (Title) Hazards Mitigated / Funding Sources (Title) City Public Works and Community and Goals Addressed and Estimated City Administrator Economic Development NB-3 addresses all Costs hazards relevant to Existing capital in North Bend City General Fund, staff time, approximately $50,000 for CEMP update Strategy Vision/Objective Strengthen the capabilities of our Emergency Operations Center
Mitigation Strategy Take a creative approach to strengthening EOC capabilities and efficiency despite lack of budget for a dedicated Emergency Manager. This will be accomplished through staff training, solidifying a decentralized and agile emergency management team, updating the CEMP, practicing EOC activation, and increasing coordination with community groups.
2-Year Objectives 5-Year Objectives Long-Term Objectives Update existing CEMP, solidify Solidify a decentralized and agile emergency Have a full-time employee relationships with and support the North management team dedicated Emergency Bend ARES TEAM & North Bend CERT, Management, EOC continue to encourage staff training in Operations, Hazard WebEOC Mitigation
Implementation Plan/Actions • Continue to train staff in proper EOC practices through FEMA protocols • Update CEMP • Practice tabletop scenario exercises using trained EM leaders • Incorporate community support such as NBAT and CERT, as well as neighboring agencies • Continue sending staff to WebEOC training
Performance Measures Increased performance of City and coordinating with partners during EOC activation.
North Bend Hazard Mitigation Plan Page 29 45 Council Packet June 2, 2020
NB-4: Increase Earthquake Resilience Lead Points of Contact Partner Points of Contact (Title) Hazards Mitigated / Funding Sources (Title) City Public Works and Community and Goals Addressed and Estimated City Administrator Economic Development NB-4 addresses Costs earthquake hazards Staff time, on-call contract cost relative to use Strategy Vision/Objective Increase earthquake resilience for the City in preparation for a major event.
Mitigation Strategy Take systematic steps to increase earthquake resilience through education, increasing contracts and relationships with consultants, capital improvements, and code enforcement
2-Year Objectives 5-Year Objectives Long-Term Objectives Increased education in residents, on-call Continued undergrounding of electrical utilities All electrical utilities are contracts with structural engineering firm and improvement of other undergrounded; water and and debris removal companies or ILAs, all infrastructure/utilities in preparation for major other infrastructure systems new structures built to latest standards earthquake event are as resilient as possible; an educated and prepared population
Implementation Plan/Actions • Earthquake and communication campaign for residents • On-call contract with structural engineering firm to assess bridges after earthquake event • Continue enforcement of building codes and construction oversight • Address water system resilience shortcomings through capital improvements • Continue to require undergrounding of utilities through private development and programmatic actions • Work with small local businesses on continuity for multi-day hazard events
Performance Measures Outside of a major earthquake event the City will become proficient in tabletop exercises. In the case of a major earthquake event citizens will be prepared for self-sufficiency, infrastructure will be assessed in reasonable time.
North Bend Hazard Mitigation Plan Page 30 46 Council Packet June 2, 2020
NB-5: Increase City Infrastructure Resilience Lead Points of Contact Partner Points of Contact (Title) Hazards Mitigated / Funding Sources (Title) City Public Works and Community and Goals Addressed and Estimated City Administrator Economic Development NB-5 addresses all Costs hazards relevant to Utility Funds, North Bend Infrastructure and Mitigation Grants. For costs see Implementation Plan Strategy Vision/Objective Continue to enhance City infrastructure encouraging resilience and redundancy with potential natural and human hazards in mind.
Mitigation Strategy A suite of systematic actions addressing current infrastructure shortcomings, as well as increasing capacities. These include increasing wastewater treatment facilities and capacity, improving road circulation and resilience during disasters that involve power outages via the construction of roundabouts, increasing road connections where feasible, solidify a plan with a private water purveyor supplying water to the eastern portion of the City.
2-Year Objectives 5-Year Objectives Long-Term Objectives Develop plan of action with Sallal Water Complete Phase II of Wastewater Treatment Efficiently operating Association. Complete Phase I of Plant Updates. Continue roundabout infrastructure systems with Wastewater Treatment Plant updates. construction. Add proposed road connections. adequate capacity for future Continue roundabout construction. Explore structural enhancements to bridges. anticipated growth. Continue coordination with Tanner Electric and PSE to improve their electrical systems
Implementation Plan/Actions • Negotiate a water supply deal with Sallal Water Association • Continue coordination with Tanner Electric and PSE to increase electrical grid resilience. • Complete Phase II of North Bend’s Wastewater Treatment Plant Updates • Construct all proposed roundabouts within the city to alleviate dependence of electricity for traffic flows and improve circulation • Add road connections where feasible • Investigate, fund, and manage structural enhancements to bridges
Performance Measures During times of normalcy all infrastructure systems operate efficiently. During disasters infrastructure operates at an acceptable level commensurate to the specific event.
North Bend Hazard Mitigation Plan Page 31 47 Council Packet June 2, 2020
NB-6: Coordination with Adjacent Land Managers Lead Points of Contact Partner Points of Contact (Title) Hazards Mitigated / Funding Sources (Title) City Public Works and Community and Goals Addressed and Estimated City Administrator Economic Development NB-6 addresses Costs flooding, landslide and wildfire hazards Strategy Vision/Objective Through coordination with adjacent land managers, take steps to increase North Bend’s resilience to wildfires (primary) and landslides (secondary).
Mitigation Strategy Leverage our successes and expand current relationships with King County, Washington State Department of Natural Resources, and the United States Forest Service beyond outdoor recreation coordination to advocate for forest management practices that alleviate both wildfire and landslide hazards.
2-Year Objectives 5-Year Objectives Long-Term Objectives Explore potential avenues of collaboration Lobby for potential resource allocations for Surrounding forests are in wildfire prevention and healthy forest prescribed burns, noxious (and flammable) weed healthy and viable with initiatives for lands surrounding North Bend removal, and other mitigation measures minimal catastrophic preventing wildfires and landslides wildfire and landslide potential
Implementation Plan/Actions • Create communication channels between EF&R, KC, DNR, and USFS • Explore the use of the “Good neighbor partnership” to encourage DNR’s forest health initiatives on USFS lands as a tool to mitigate hazards in North Bend’s wildland-urban interface. • Explore noxious weed issues in relation to wildfire hazards on undeveloped lands within North Bend, specifically scotch broom in the eastern portion of the city.
Performance Measures Successfully promote measures to increase wildland resiliency to natural disasters.
North Bend Hazard Mitigation Plan Page 32 48 Council Packet June 2, 2020
NB-7: Enhance City Cybersecurity Lead Points of Contact Partner Points of Contact (Title) Hazards Mitigated / Funding Sources (Title) City Public Works and Community and Goals Addressed and Estimated City Administrator Economic Development NB-7 addresses cyber- Costs attack and terrorism $150,000 for SCADA hazards updates. No other estimated costs currently. Strategy Vision/Objective Build off recent IT-related actions and continue to enhance cybersecurity within the City.
Mitigation Strategy • Implement cybersecurity educational requirements for employees • Update legacy systems to the Cloud when the technology is available (GIS, Accounting, Permitting) • Move SCADA radio systems to secured ethernet-based system
2-Year Objectives 5-Year Objectives Long-Term Objectives Increase cybersecurity per education of Move all SCADA systems from radio to secured Migrate all City systems on employees ethernet protected and backed up in the cloud.
Implementation Plan/Actions Work with North Bend’s IT consultants to find an online educational seminar on cybersecurity for all employees to review.
When budget allows and timing is appropriate, allocate funding to update SCADA systems to be as secure as possible.
Work with vendors of legacy software systems to integrate such systems to the cloud when possible.
Performance Measures City of North Bend is educated in proper cybersecurity protocols and all information systems are as resilient to attacks as possible.
North Bend Hazard Mitigation Plan Page 33 49 Council Packet June 2, 2020
50 Council Packet June 2, 2020
City Council Agenda Bill
SUBJECT: Agenda Date: June 2, 2020 AB20-072 Department/Committee/Individual Resolution Accepting 2019 Pavement Mayor Rob McFarland Repair and Overlay Project as City Administrator – David Miller City Attorney – Mike Kenyon Complete City Clerk – Susie Oppedal Community & Economic Development – David Miller Finance – Dawn Masko Cost Impact: N/A Public Works – Mark Rigos, P.E. X Fund Source: N/A Timeline: Immediate Attachments: Resolution
SUMMARY STATEMENT:
In September of 2019, the City Council approved a contract amount of $181,090.72 with Rainier Asphalt Sealing, LLC for the City’s 2019 Pavement Repair and Overlay Project. There were several change orders totaling $8,121.07 that brought the contract total to $189,211.79. Work included pavement overlay of Mt Si Blvd from the Ribary Creek Bridge to State Route 202, replacement of the Chevron Gas Station water service which has had chronic water breaks over the years and restriping of Main Avenue from Park Street to the Senior Center to accommodate angle parking.
Work began in September 2019 and was satisfactorily completed on May 8, 2020 at a final cost of $177,342.96 including tax. This was $11,868.83 below the original award amount plus change orders. The decrease in contract amount was due to quantity adjustments. All necessary documentation has been received by the City and the project is ready for close-out.
Retainage cannot be released until the project has been accepted by City Council, all liens have been satisfied, and all taxes have been paid. Upon receipt of all necessary documentation, retainage shall be released.
APPLICABLE BRAND GUIDELINES: Consistent delivery of quality basic services including transportation and traffic management.
COMMITTEE REVIEW AND RECOMMENDATION: This item was discussed at the May 26, 2020 Transportation and Public Works Committee meeting and was recommended for approval and placement on the Consent Agenda.
RECOMMENDED ACTION: MOTION to approve AB20-072, a resolution accepting the 2019 Pavement Repair and Overlay Project as complete and authorizing the release of retainage. RECORD OF COUNCIL ACTION Meeting Date Action Vote June 2, 2020
City of North Bend, PO Box 896, North Bend, WA 98045 http://northbendwa.gov 51 Council Packet June 2, 2020
52 Council Packet June 2, 2020
RESOLUTION
A RESOLUTION OF THE CITY OF NORTH BEND, WASHINGTON, ACCEPTING THE 2019 PAVEMENT REPAIR AND OVERLAY PROJECT AS COMPLETE AND AUTHORIZING THE RELEASE OF RETAINAGE
WHEREAS, City of North Bend (“City”) staff advertised for bids for the 2019 Pavement Repair and Overlay Project (the Project); and
WHEREAS, Rainier Asphalt and Sealing, LLC submitted the lowest responsive and responsible bid; and
WHEREAS, the Project was awarded to Rainier Asphalt and Sealing, LLC on September 3, 2019; and
WHEREAS, Rainier Asphalt and Sealing, LLC began work in September 2019; and
WHEREAS, work on the project was completed on May 8, 2020; and
WHEREAS, the final cost of the project was $177,342.96, including taxes; and
WHEREAS, the City must accept projects prior to submitting for releases from the State Department of Revenue, Department of Labor and Industries, and the Employment Security Department for the retainage of the contractors;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORTH BEND, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City of North Bend accepts Rainier Asphalt and Sealing, LLC work on the 2019 Pavement Repair and Overlay Project.
Section 2. The City of North Bend authorizes the release of the retainage on the contract upon receipt of the appropriate clearances from the state.
PASSED BY THE CITY COUNCIL OF THE CITY OF NORTH BEND, WASHINGTON, AT A REGULAR MEETING THEREOF, THIS 2ND DAY OF JUNE, 2020.
CITY OF NORTH BEND: APPROVED AS TO FORM:
______Rob McFarland, Mayor Michael R. Kenyon, City Attorney
ATTEST/AUTHENTICATED:
Effective: Posted: ______Susie Oppedal, City Clerk
Resolution 53 Council Packet June 2, 2020
54 Council Packet June 2, 2020
City Council Agenda Bill
SUBJECT: Agenda Date: June 2, 2020 AB20-073 Department/Committee/Individual Motion Authorizing Amendment No. Mayor Rob McFarland 2 to FCS Group Contract for a City Administrator – David Miller City Attorney – Mike Kenyon
Water Rate and GFC Study Update City Clerk – Susie Oppedal
Public Works Director – Mark Rigos, P.E. X Finance Director – Dawn Masko Cost Impact: Not to Exceed $25,000 Fund Source: Water Utility Fund Timeline: Immediate Attachments: Scope of Work, Fee Estimate
SUMMARY STATEMENT:
FCS Group is currently under contract with the City of North Bend to formulize and prepare a sanitary sewer / WWTP (Wastewater Treatment Plant) rate and GFC (General Facility Charge) study. City staff are recommending an amendment to that contract to also include a water rate and water GFC (General Facility Charge) update.
The most recent comprehensive water rate, water system plan and General Facility Charge study was completed back in 2012. In 2019, engineering consultant Gray & Osborne began preparing an updated Water System Plan, and their draft version was completed in March 2020. In March, it was submitted to WA State Department of Health and WA State Dept. of Ecology for their reviews and approvals. Those approvals are anticipated to occur in late spring 2020. The 2020 Water System Plan includes water capital and operating costs for the City’s domestic and mitigation water systems, including replacement of older watermains. This additional study is recommended as the City moves forward with attempting to secure long-term financing for those needed water plan improvements.
This water rate and GFC study update is intended to recalibrate the current financial plan, rate strategy and GFCs with updated information and establish a multi-year financial plan that meets the projected total financial needs of the water utility through the generation of adequate and sustainable revenues. This study will provide information needed to properly evaluate the City’s ability to meet its annual cash flow obligations and comply with any applicable debt covenants (e.g. debt service coverage).
Because the current contract expired in March 2020, this amendment will also extend the time of performance to June 30, 2021 in order to allow for enough time to complete the work.
This is a fairly time-sensitive project as the City cannot commence on long-term financing on water capital projects until this study is completed. City staff recommends moving forward with the contract amendment with FCS Group.
APPLICABLE BRAND GUIDELINES: Economic viability/balanced budget; Consistent delivery of quality basic services.
COMMITTEE REVIEW AND RECOMMENDATION: This item was reviewed by the Transportation and Public Works (TPW) Committee during their May 26th, 2020 meeting and was recommended for approval and placement on the Consent Agenda.
City of North Bend, PO Box 896, North Bend, WA 98045 http://northbendwa.gov 55 Council Packet June 2, 2020
City Council Agenda Bill
RECOMMENDED ACTION: MOTION to approve AB20-073, authorizing the Mayor to execute Amendment No. 2 to the contract with FCS Group to include a Water Rate and GFC Study Update, in a form and content acceptable to the City Attorney, in an amount not to exceed $25,000. RECORD OF COUNCIL ACTION Meeting Date Action Vote June 2, 2020
City of North Bend, PO Box 896, North Bend, WA 98045 http://northbendwa.gov 56 Council Packet June 2, 2020 City of North Bend Water System Plan and GFC Update December, 2019 page 1
WATER SYSTEM PLAN FINANCIAL CHAPTER AND GENERAL FACILITIES CHARGE UPDATE
The following scope of services has been developed to meet the needs of the City of North Bend (City) based on a call with Dan Marcinko, Public Works Operations Manager and Don DeBerg, P.E. City Engineer. The City is in the process of completing a Water System Plan (WSP) update and would like FCS GROUP (FCS) to complete the financial chapter of the WSP. As part of the study, the City would like FCS to update their general facilities charges (GFCs) with the capital improvement program (CIP) developed in the WSP. The services to be provided as part of this scope are described below:
Task 1 | Data Collection / Validation FCS GROUP will provide a data needs list encompassing historical and projected financial, operational, billing and planning information. The provided data will be reviewed, analyzed and validated for inclusion in the study process.
Task 2 | Historical Financial Performance Review Review and document the financial operations (revenue and expenses) and financial condition (assets and liabilities) of the water utility for the previous six-year period. Summarize noteworthy financial trends.
Task 3 | Financial Policy Review Review the City’s current fiscal policies for operating and capital reserves, system reinvestment funding, debt management, and debt service coverage and recommend changes if warranted.
Task 4 | Capital Financing Plan Evaluate capital funding options and develop a capital financing plan for the six-year and 20-year Capital Improvement Programs (CIP). The analysis will include a forecast of capital funding needs, borrowing requirements, and associated cash flows and cash balances over the study period. Evaluate and recommend an appropriate balance of funding from cash, GFCs, bonds, low interest loans and/or other available funding sources. Depending upon preliminary results, FCS GROUP will work closely with the City to perform sensitivity analyses for alternative scheduling of capital projects in order to smooth customer rate impacts. The budget provides for up to three (3) scenarios.
Task 5 | Operating Forecast The City’s current water operating budgets will be used as the baseline for forecasting ongoing operating and maintenance (O&M) costs, debt service, and other financial obligations of the water utility over the six-year and 20-year study periods. Incorporate engineering planning growth forecasts and establish economic factors for cost escalation. Integrate additional O&M expenses identified as part of the updated CIP and/or any other changes in operational requirements.
www.fcsgroup.com 57 Council Packet June 2, 2020 City of North Bend Water System Plan and GFC Update December, 2019 page 2 Task 6 | Revenue Needs Assessment Develop an operating cash flow projection for the six-year and 20-year study period integrating fiscal policies, operating forecast and capital financing impacts. Compare forecasted financial requirements against forecasted revenue under existing rates to determine annual and cumulative revenue adjustments needed to ensure financial sustainability over time.
Task 7 | Rate Forecast & Affordability Test Develop a rate forecast for the six-year period. Apply annual rate adjustments to the City’s existing water rate structures “across-the-board” meaning each rate class and rate charge (fixed and variable) will be adjusted equally. Note: this scope does not include changes to the City’s existing water rate structure. The Financial Chapter will include a narrative discussion of potential rate structure enhancements, if necessary. Perform an affordability test as an indication of a residential customer’s ability to pay the existing and forecasted rates. This includes an analysis and comparison of the water system’s existing and forecasted average residential bills to 2.0 percent of the median household income. This test will be conducted for the six-year and 20-year study periods.
Task 8 | General Facilities Charge Update A General Facilities Charge (GFC) is a one-time charge imposed as a condition of service on new development or on expanded connection to the system. The charge represents a prorated share of the capital investment made to provide system capacity. The GFC is calculated based on the intent and structure of the Revised Code of Washington (RCW) statute for Water-Wastewater Cities (RCW 35.092.025). In general, each connection shall bear a proportional share of the cost of the system capacity required. This task will focus on updating the City’s existing water system GFC. The GFC shall reflect an updated inventory of existing system assets, the most recent approved capital improvement program costs related to growth and capacity supported by the infrastructure identified as part of the WSP update.
Task 9 | Meetings and Presentations Three (3) internal review meetings are included to go over assumptions and results of the financial analysis and GFC study. One (1) meeting is budgeted to be performed on-site, with the remaining two (2) performed over an interactive conference call. One (1) City Council workshop to share results of the updated financial strategy and GFCs. Any additional meetings can be added on a time and materials basis at the request of the City.
Task 10 | Documentation Craft the draft financial chapter for City staff review. An electronic copy of the draft financial chapter and Excel-based tables will be provided to the City and / or consulting Engineer to incorporate into the WSP document. Incorporate requested changes, as appropriate, and submit the final version of the financial chapter.
www.fcsgroup.com 58 Council Packet June 2, 2020 City of North Bend Water System Plan and GFC Update December, 2019 page 3
BUDGET The total proposed level of effort to complete the WSP financial chapter and GFC update is summarized below. Our normal billing practice is to bill based on time and materials actually expended, not-to-exceed the total budget.
Total Project Senior Admin. Principal Estimated Total Budget TASK Manager Analyst Support Hours Hourly Billing Rates: $270 $195 $145 $90
Technical Tasks Task 1 | Data collection / validation 2 2 4 $ 470 Task 2 | Historical financial performance review 1 4 10 15 2,500 Task 3 | Fiscal policy review 2 2 4 930 Task 4 - 7 | Financial plan 3 12 32 47 7,790 Task 8 | General Faciligies Charge update 2 8 16 26 4,420 TOTAL TECHNICAL 8 26 60 2 96 $ 16,110
PROCESS TASKS Task 9 | Meetings/Presentations Internal milestone review meetings (1 on-site, 2 remote) 2 6 2 10 $ 2,000 City Council workshop w/ presentation material (1 on-site) 2 10 4 16 3,070 Task 10 | Documentation 2 4 16 2 24 3,820 TOTAL PROCESS TASKS 6 20 22 2 50 $ 8,890
TOTAL LABOR BUDGET 14 46 82 4 146$ 25,000
www.fcsgroup.com 59 Council Packet June 2, 2020
60 Council Packet June 2, 2020
City Council Agenda Bill
SUBJECT: Agenda Date: June 2, 2020 AB20-074 Department/Committee/Individual Motion Authorizing On-Call Mayor Rob McFarland Contract with Terracon Associates City Administrator – David Miller City Attorney – Mike Kenyon for Geotechnical Consulting Services City Clerk – Susie Oppedal
Community & Economic Development – David Miller Finance – Dawn Masko Cost Impact: “pass through” cost for private Public Works – Mark Rigos, PE X development; Total not to exceed $100,000 by December 31, 2021 Fund Source: N/A Timeline: Immediate – December 31, 2021 Attachments: Work Scope & Fee Summary
SUMMARY STATEMENT:
The City of North Bend has an immediate need for a qualified geotechnical engineer. Geotechnical engineering is a specialized practice in soils, site/slope stabilization, stormwater infiltration, groundwater level evaluation, retaining wall review, road subgrade evaluation and paving recommendations. These particular areas are typically outside the scope of general civil engineering reviews, practices and inspection type services.
Terracon Associates has been providing the City with geotechnical engineering plan review and geotechnical inspection services during the past 7-8 years as a sub-consultant. The City would like to now contract directly with Terracon. Terracon is familiar with the City’s soils, challenges and constraints. The City has been well supported by Terracon. The City’s experience working with Terracon over the years has been positive and we would like to continue that relationship.
Staff is requesting an engineering contract with Terracon and Associates, to continue ongoing geotechnical support for the City.
APPLICABLE BRAND GUIDELINES: Consistent delivery of quality basic services including geotechnical engineering review and geotechnical inspection.
COMMITTEE REVIEW AND RECOMMENDATION: The contract was brought up during the Transportation and Public Works Committee meeting on May 26, 2020 and was recommended for approval and placement on the Consent Agenda.
RECOMMENDED ACTION: MOTION to approve AB20-074, authorizing an On- Call Contract with Terracon Associates for Geotechnical Consulting Services, in a form and content acceptable to the City Attorney. RECORD OF COUNCIL ACTION Meeting Date Action Vote June 2, 2020
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City Council Agenda Bill
SUBJECT: Agenda Date: June 2, 2020 AB20-075 Department/Committee/Individual Motion Authorizing Contract with Mayor Rob McFarland Otak, Inc. for a Feasibility Study on City Administrator – David Miller Centralized Stormwater Facilities City Attorney – Mike Kenyon for Downtown City Clerk – Susie Oppedal Community & Economic Development – David Miller Finance – Dawn Masko Cost Impact: $20,250 Public Works – Mark Rigos, P.E. X Fund Source: Stormwater Professional Services Timeline: Date of approval to 12/31/2021 Attachments: Scope of Work & Fee
SUMMARY STATEMENT:
City staff are interested in obtaining additional ideas on how downtown storm drainage flow control and water quality treatment facilities can be combined into one or more regional facilities. ‘Flow control’ and ‘water quality treatment’ are core requirements from the 2016 King County Surface Water Design Manual. It’s likely there would be some economies of scale in regionalizing a facility. Additionally, it would reduce the uncertainty and technical burden on property owners wanting to re-develop their downtown properties.
Stormwater engineering and facilities construction is often prohibitively expensive for individual site developments, especially in North Bend’s downtown. Constructing a centralized large-scale stormwater facility is a way to alleviate the cost-burden of stormwater infrastructure for individual site development projects, as an economy of scale. Instead of an individual developer paying for the drainage and water quality on their site, they could pay a pro rata portion into the City’s regional facility.
Consulting firm Otak, Inc. has produced a work scope and fee to conduct a feasibility study on the potential for a regional stormwater facility(s) for our downtown drainage basins. This contract is seen as a first step toward exploring the possibility of such a regional facility. Otak has a proven track record in exploring, designing, and managing the construction of these facilities. One example is Redmond’s Overlake Village South Detention Vault, where this facility is used as a financial incentive to promote re-development within the basin area.
The scope and fee are written to minimize expenses through maximizing the use of City knowledge and resources. The results of this project would be used as a base to build from in terms of designing and constructing a regional stormwater facility.
APPLICABLE BRAND GUIDELINES: Sustainably Managed Growth, Affordability, Consistent Delivery of Quality Based Services, Economic Viability/Balanced Budget
COMMITTEE REVIEW AND RECOMMENDATION: This item was reviewed by the Transportation and Public Works (TPW) Committee during their May 26, 2020 meeting and was recommended for approval and placement on the Consent Agenda.
RECOMMENDED ACTION: MOTION to approve AB20-075, authorizing a contract with Otak, Inc. for a Downtown Centralized Stormwater Facilities Feasibility Study, in a form and content acceptable to the City Attorney, in an amount not to exceed $20,250. RECORD OF COUNCIL ACTION Meeting Date Action Vote June 16, 2020
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EXHIBIT A
DRAFT - SCOPE OF WORK DESIGN/ENGINEERING SERVICES City of North Bend Downtown Regional Facilities Feasibility Study OTAK Project No. 33260 April 2020
Introduction and Background
DESCRIPTION: The downtown North Bend area is located between the Middle Fork and South Fork of the Snoqualmie River and is subject to flat grades, high rainfall intensity, high groundwater and shallow stormwater conveyance systems that are available for connections. The conditions create challenges for compliance with stormwater management requirements for redevelopment. This project is intended to assess feasibility of a regional facility approach to managing stormwater within the downtown drainage basins. The area of consideration is approximately 640 acres including drainage basins 2,3, and 9 from the City’s Stormwater Comprehensive Plan.
SCHEDULE: The anticipated project schedule is to have notice to proceed in late May, desktop and preliminary field assessment in June 2020, and development of alternatives in August thru September 2020 for a total project duration of 4 months.
The Scope of Services is described in detail in the following sections.
1.0 Project Management and Coordination
1.1 Coordination and Meetings with the City OTAK will coordinate with the City of North Bend on a regular basis by phone and email to keep the City’s project manager informed about project progress, project issues and schedule. OTAK will assist in scheduling project related meetings, reviews, and other coordination activities needed to keep the project moving forward. Regular communication with the City will occur on a bi-weekly basis, and a status report will be provided to the City before each meeting summarizing the status of action items and deliverables.
This scope assumes a total of two (2) one and a half-hour meetings with the City attended by two (2) Otak staff to be held through an online meeting or at Otak’s office. The first meeting will be the kickoff meeting. The purpose of the subsequent meeting will be to discuss Otak’s recommendations and key project issues that will guide the design. The meetings included within this Task do not include individual meetings identified in tasks below. Otak will prepare an agenda and meeting summary on directions and needed actions discussed in the meeting.
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Scope of Work Continued
1.2 Project Monitoring and Reporting Project monitoring and reporting will include the coordination of design team members, internal project scheduling, and the preparation of a monthly progress report and a monthly billing statement.
Task 1 Deliverables • Bi-weekly project reports submitted to the City by email (electronic PDF file format) • Meeting minutes for up to two key meetings to clarify and document project decisions • Monthly progress report and monthly invoice
Task 1 Assumptions • The duration for the project is assumed not to extend beyond September 30, 2020.
2.0 Desktop Basin Characterization
2.1 Data Review and Desktop Assessment Otak will obtain and provide a desktop assessment and evaluation of all available information from the City regarding the existing conveyance system and maintenance history; including but not limited to:
• GIS topographic, utility, soils, land use, and critical areas (stream, river, wetland, steep slopes, and buffers data) • FEMA or City data on the South Fork Snoqualmie River (The River) base flood elevations (BFE) and floodplain extents in the project area. • Characterization and/or restoration studies and investigations on Silver Creek (Creek) and its tributaries and floodplain within the project site • Levee survey or as-built data, and maintenance records • Recent redevelopment proposals • Geotechnical Reports or groundwater level characterization • Hydrologic and Hydraulic models of any proposed development plans • Proposed development layout concept(s) or the maximum imperious to pervious ratio allowed • Design calculations for any proposed development plans • As-builts of trunkline conveyance systems
2.2 Site Visit and Existing Conditions Memo Otak will visit the site to inspect the existing conditions within and in the immediate vicinity of the project site. This visit will include meeting onsite with the City engineering staff to discuss their observations and vision about the site. Otak will visually verify the site conditions and issues identified through the desktop assessment, including:
• Condition of existing stormwater facilities in the site sub-basins • Downstream conditions • Existing topography
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Scope of Work Continued
• Existing Critical Outfalls
To maximize efficiency, we assume that the field visits and on-site meetings with City staff for this Task can be performed on the same day.
3.0 Preliminary Hydrologic and Hydraulic Analysis
3.1 Preliminary Hydrologic and Hydraulic Modeling of the Project Site Otak will delineate the contributing sub-basins based on GIS contour information, aerial imagery, and stormwater utility information available as GIS data. Runoff will be estimated with WWHM-SWMM software. Only critical trunkline conveyance pipes with adequate pipe size and invert data reviewed under Task 2 will be included in the model. Otak will model the 25-yr and 10-yr storm events with the existing pipe network to estimate baseline conditions including three downstream tailwater conditions from the river.
Otak will assess the vertical range of elevations where detention storage can be incorporated within the area of consideration and will perform preliminary sizing calculations for a flow control pond facility. Modeling will be planning level WWHM modeling and auto-size facilities based on site assumptions regarding feasible facility depths and suitability for infiltration.
Task 3.1 Deliverables • Summary table of Hydrologic and Hydraulic Modeling Results and schematic of conveyance system layout in model (electronic .pdf)
Task 3.1 Assumptions • The modeling does not include a hydroperiod analysis of the River or Creek associated wetlands or any wetlands on site. • No field measurements of flows will be performed, and no flow gauge records exist for the area to be investigated. Therefore, the models will not be fully calibrated to flow records from storm events. Photos of past flooding events, if available, may be used to confirm flooding locations. • The hydrologic model will be created for existing land use and future land development in the basin will be required to include flow control facilities (not currently present) designed to current standards and will likely decrease flows from the site. Therefore, it is assumed that there will not be any impacts to the Creek or River. • Hydraulic Analysis of the South and Middle Fork Snoqualmie River are not included in this project. Tailwater conditions from the river will be obtained from studies and mapping data obtained in Task 2.1. • The modeling does not include a hydroperiod analysis of the River or Creek associated wetlands or any wetlands on site.
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Scope of Work Continued
3.2 Proposed Alternative Solutions Based on the preliminary sizing from Task 3.1, Otak will propose two conceptual alternative configurations for flow control and water quality facilities to meet Core Requirements #3 and #8 from the 2016 KCSWDM. Alternative 1 will include one primary site facility location for flow control and water quality treatment. Alternative 2 will consider multiple site locations for flow control and water quality treatment facilities.
The alternatives will be evaluated for constructability, property issues, maintenance, flood reduction benefit, water quality benefit, and cost and compared in a matrix. This will result in a recommended SWM Alternative.
Otak will also propose additional solution elements that could be implemented within the area of consideration that would function in conjunction with the large regional facility alternatives to provide flow attenuation and water quality treatment. These solution elements will be assessed qualitatively and a recommendation will be made for which solution elements should be considered in the next phase of design. Additional solution Elements that will be considered and assessed qualitatively include, but are not limited to: o Infiltration facilities such as infiltration vaults or chambers o Detention vaults, or chambers o Low Impact Development SWM facilities o Conveyance routing in pipe and/or ditches o Water Quality Treatment facilities to comply with Core Requirement #8 from the City Stormwater Manual o Expanded floodplain storage for SWM near the Creek and/or its tributaries o River Flood Protection measures including: . Backflow preventer on outfall pipe . Extra detention for coincidence of high River and Creek flow with high stormwater runoff events. . Flood proofing of the SWM facilities with sealing covers and/or berms above the River BFE.
Otak will submit the comparison matrix and conceptual drawings to the City for review and will then hold a meeting at the City to review and select the preferred alternative.
Task 3.2 Deliverables • Electronic (pdf) versions of the Comparison Matrix and one plan view concept drawing for each alternative. • Meeting minutes.
Task 3.2 Assumptions • ______• ______
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Scope of Work Continued
4.0 Documentation
4.1 Downtown Regional Facilities Otak will document the results of an alternatives analysis in a technical memorandum and will provide to the City via email.
The memo will include: • Conceptual designs of the alternatives assessed under Task 3 including aerial plan view layouts and typical section details • Planning Level Implementation Cost of Solution Elements and Site Alternatives. • Narrative describing next steps for technical studies and challenges. • Ledger of the data reviewed under Task 2. • Summary of existing conditions observed under Task 2 including photos of key site conditions.
A draft and final version of the technical memorandum with be submitted to the City for review and comment. Otak will provide written response to the City review comments, and review our responses with the City for approval prior to finalizing the technical memorandum.
Task 4.1 Deliverables • Conceptual plans and typical details for up to two alternatives (pdf) • Draft Comparison Matrix (pdf) • Draft and Final Alternatives Analysis Technical Memorandum
Task 4.1 Assumptions • Alternatives are required to be in compliance with the current 2016 King County Surface Water Design Manual as adopted by the City of North Bend. • Design will be based on topographic information approximated from GIS LIDAR data. • Franchise or private underground utility conflicts will not be assessed with the conceptual design of improvements.
Direct Expenses Direct expenses to be submitted for reimbursement include: • Mileage/Travel for site investigations and meetings • Reproduction, Postage, and Courier • Other Misc. Expenses
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74 City of North Bend Downtown Regional Facilities Feasibility Study DRAFT - Fee Estimate Otak, Inc. Otak Project #33260 4/21/2020 Civil Otak Total Engineer Otak Budget by Task Primary Services Sr IX Civil Total Sub-task PIC/Sr (PM/QAQC Engineer Scientist VI Project Hours Break down PM Civil ) V (Hydrologist) Coordinator Task 1 Project Management and Coordination 13 $ 1,980 1.1 Coordination and Meetings with the City 6 6 $ 1,008 1.2 Project Monitoring and Reporting 4 3 7 $ 972
Task 2 Desktop Basin Characterization 28 $ 4,076 2.1 Data Review and Desktop Assessment 4 8 6 18 $ 2,740 2.2 Site Visit 2 8 10 $ 1,336
Task 3 Preliminary Hydrologic and Hydraulic Analysis 70 $ 10,618 Preliminary Hydrologic and Hydraulic Modeling of 3.1 the Project Site 2 18 16 36 $ 5,434 3.2 Proposed Alternative Solutions 2 6 16 10 34 $ 5,184 Council Task 4 Documentation 24 $ 3,510 4.1 Downtown Regional Facilities Feasibility Memo 2 6 14 2 24 $ 3,510
Hours 4 30 64 34 3 135
Rate(1) $198 $168 $125 $178 $100 Packet Totals $792 $5,040 $8,000 $6,052 $300 $ 20,200
Direct Expenses $ 50 TOTAL PROJECT $ 20,250 June Note: 1) Actual billed rates will be based on current classifications for staff and may vary from the rates used for this estimate. 2, 2020 75
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City Council Agenda Bill
SUBJECT: Agenda Date: June 2, 2020 AB20-076 Department/Committee/Individual Ordinance Amending North Bend Mayor Rob McFarland Municipal Code Chapter 18.40 City Administrator – David Miller City Attorney – Mike Kenyon
Exterior Lighting Standards City Clerk – Susie Oppedal Community & Economic Development – David Miller Finance – Dawn Masko Cost Impact: N/A Public Works – Mark Rigos Fund Source: N/A CED Senior Planner Mike McCarty X Timeline: Immediate Attachments: Ordinance, Exhibit A – Amendments to NBMC 18.40, Planning Commission Report and Recommendation
SUMMARY STATEMENT:
Amendments are proposed to NBMC 18.40, Exterior Lighting Standards. The amendments are intended to simplify and clarify the existing regulations and to enable simpler submittal by applicants and administration of the regulations by staff. The amendments also provide additional measures to reduce light impacts to adjacent properties and to the general public.
Primary amendments include: • Strengthened full-cutoff requirements, applying them to building-mounted lighting in addition to parking lot lighting; • Added illustrations of permitted and prohibited lighting direction, helping to make communication and understanding this provision much easier; • Clarifying that a lighting plan is not required for residential-type lighting installed only at building entries; • Eliminated minimum parking lot lighting levels, leaving that to applicants to determine based on their needs; • Reduced requirements regarding submittal of lighting plans, where such requirements have been found unnecessary; • Requiring a maximum light color temperature to reduce the glare effects of blue-white light.
The Planning Commission held a public hearing on the amendments at their February 26, 2020 meeting and provided a recommendation of approval at their April 23, 2020 meeting.
APPLICABLE BRAND GUIDELINES: Design Standards, Commitment to Invest in the City and Foster Community Engagement & Pride
COMMITTEE REVIEW AND RECOMMENDATION: The Community and Economic Development Committee reviewed the draft amendments at their May 19, 2020 meeting and recommended approval on the Consent Agenda.
RECOMMENDED ACTION: Motion to approve AB20-076, an ordinance amending NBMC Chapter 18.40 Exterior Lighting Standards, as a first and final reading. RECORD OF COUNCIL ACTION Meeting Date Action Vote June 2, 2020
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ORDINANCE
AN ORDINANCE OF THE CITY OF NORTH BEND, WASHINGTON, ADOPTING AMENDMENTS TO NORTH BEND MUNICIPAL CODE CHAPTER 18.40, EXTERIOR LIGHTING STANDARDS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE
WHEREAS, the City of North Bend provides regulations pertaining to exterior lighting provided at new development through North Bend Municipal Code (“NBMC”) Chapter 18.40, Exterior Lighting Standards; and
WHEREAS, amendments are proposed to NBMC Chapter 18.40 (the Amendments) intended to simplify and clarify the existing regulations, enable simpler submittal by applicants and administration of the regulations by staff, and better address lighting impacts to adjacent properties and the public; and
WHEREAS, the Planning Commission reviewed the Amendments at its February 13, February 27, and April 23, 2020 meetings, and held a public hearing on February 27, 2020, for or at which no comment was received; and
WHEREAS, on April 23, 2020, the Planning Commission provided a recommendation of approval of the Amendments, as provided in the Planning Commission Findings, Conclusion, and Recommendation report signed on May 12, 2020; and
WHEREAS, in accordance with WAC 365-196-630, a Notification of Intention to Adopt Comprehensive Plan and Municipal Code Amendments was sent to the State of Washington Department of Commerce and to other State agencies on January 31, 2020, for a required 60-day review period; and
WHEREAS, an environmental review of the Amendments was conducted in accordance with the requirement of the State Environmental Policy Act (“SEPA”), and a non-project SEPA Determination of Non-significance was issued for the Amendments on February 7, 2020, which was transmitted to relevant State and local agencies, published in the Snoqualmie Valley Record, and posted in public places; and
WHEREAS, the public process for the proposed Amendments provided for early and continuous public participation opportunities, including posting the draft amendments on the City’s website for public review and holding a public hearing before the Planning Commission; and
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WHEREAS, the Council finds that the City followed procedural requirements of NBMC Chapter 20.08 to notify and advertise Amendments of the Code to the public and interested agencies and pursuant to this, the Planning Commission and subsequently the City Council considered all written and verbal comments received during their respective processes; and
WHEREAS, the Amendments have been prepared in compliance with applicable City policy and State laws;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORTH BEND, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS:
Section 1. NBMC Chapter 18.40 (Exterior Lighting Standards), Amended: North Bend Municipal Code Chapter 18.40, Exterior Lighting Standards, is hereby amended to read as set forth in Exhibit A attached hereto.
Section 2. Severability: Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances.
Section 3. Effective Date: This ordinance shall be published in the official newspaper of the City and shall take effect and be in full force five (5) days after the date of publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF NORTH BEND, WASHINGTON, AT A REGULAR MEETING THEREOF, THIS 2ND DAY OF JUNE, 2020.
CITY OF NORTH BEND: APPROVED AS TO FORM:
______Rob McFarland, Mayor Michael R. Kenyon, City Attorney
ATTEST/AUTHENTICATED: Published: Effective: ______Susie Oppedal, City Clerk
Ordinance 2 80 Council Packet June 2, 2020 North Bend Municipal Code Page 1/6 Chapter 18.40 EXTERIOR LIGHTING STANDARDS – DRAFT AMENDMENTS Chapter 18.40
EXTERIOR LIGHTING STANDARDS
Sections:
18.40.010 Purpose. 18.40.020 Applicability. 18.40.030 General requirements. 18.40.040 Lighting plan requirements. 18.40.050 Lighting standards for uses within 50 feet of residential zones. 18.40.060 Open-air parking lot lighting. 18.40.070 Canopy lighting and lighting of service stations. 18.40.080 Lighting of outdoor performance, sport and recreation facilities. 18.40.090 Architectural accent lighting. 18.40.100 Lighting of landscaping.
18.40.010 Purpose. The purposes of this chapter are to: regulate exterior lighting in order to avoid unsafe and unpleasant conditions as the result of poorly designed or installed exterior lighting; discourage excessive lighting; regulate the type of light fixtures, lamps and standards; protect adjacent properties and residential units from the adverse effects associated with nonresidential and multifamily exterior lighting; protect Snoqualmie Valley views from the adverse effects of lighting; minimize light spill into the dark night sky. (Ord. 1256 § 1 (part), 2006).
18.40.020 Applicability. A. A lighting plan shall be required for projects as follows:
1. When an exterior lighting installation is part of a new development proposal requiring site plan review, a conditional use permit, or other development application that requires outside lighting or is a commercial project adjacent to property zoned residential LDR, CLDR, CR, or HDR; and
2. For projects undergoing redevelopment, expansion or remodel when the redevelopment requires site plan approval, or for tenant improvements or other minor building improvements when exterior lighting is proposed to be installed or modified.
B. A lighting plan shall not be required for the following:
1. A lighting plan is not required for commercial or residential development proposals with only wall-mounted lighting of a residential-type character, consisting of small-scale decorative fixtures, with bulbs of 1,600 lumens or less (equivalent to 20-watt LED or 100-watt incandescent bulb), and illuminating only immediate building entries and associated walkways.
18.40.020(B)(1) Figure A – Examples of small-scale residential-type decorative fixtures. Image source: Creative Commons. (For illustration purposes only, not intended to endorse or prohibit particular lighting manufacturers.)
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2.B. These regulations do not apply to subdivisions or individual dwelling units, with the exception of common areas. Examples of common areas include, but are not limited to, pathways, clubhouses, parking lots and play areas.
3C. These regulations are not applicable to public rights-of-way.
4D. These regulations do not apply to lighting necessary for emergency equipment and work conducted in the interests of law enforcement or for the safety, health, or welfare of the public.
EC. Sign lighting is governed by Chapter 18.20 NBMC, Sign Regulations. (Ord. 1576 § 12, 2016: Ord. 1464 § 1 (Exh. A (part)), 2012; Ord. 1256 § 1 (part), 2006).
18.40.030 General requirements. A. To reduce overall energy consumption and eliminate unneeded lighting, exterior lighting installations shall include timers, dimmers, sensors, and/or photocell controllers that turn the lights off during daylight hours or when lighting is not needed.
B. Exterior lighting installations shall be designed to avoid harsh contrasts in lighting levels.
C. Light heads for building-mounted fixtures, parking lots and display area light fixtures shall be full-cutoff as defined by the Illuminating Engineering Society of North America (IESNA), shall be directed straight-down, and shall not have bulbs or reflectors that project below the bottom rim of the fixture unless shielded by a softening diffuser.
18.40.030 Figure A – Example building mounted fixtures. (Image Sources: TechBrite Lighting, Prolighting.com This is for illustration purposes only, to depict the direction of lighting, and is not intended to endorse or prohibit particular lighting manufacturers.)
18.40.030 Figure B – Example pole-mounted fixtures. (Image sources: Superior Lighting, Superiorlighting.com; Deco Lighting, getdeco.com. This is for illustration purposes only, to depict the direction of lighting, and is not intended to endorse or prohibit particular lighting manufacturers.)
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D. Lighting levels shall not exceed 0.2 foot-candles measured five feet from an exterior property line.
An exception may be approved by the director adjacent to rights-of-way when it is not in conflict with the goals of this section.
E. Fixtures and lighting systems shall be maintained in good working order.
F. Vegetation and landscaping shall be maintained in a manner that does not obstruct security lighting.
G. Open-air parking lot lighting shall be designed to provide sufficient illumination for comfort and safety and shall be adequate to facilitate the activities taking place in a given location.
H. Lighting fixtures shall be of a type or adequately shielded to prevent glare from normal viewing angles.
I. Lighting fixture and pole types may be specified and required by the city.
J. Lighting of critical areas and buffers shall not be permitted.
K. Light temperature. To provide warmer lighting tones that reduce glare and night-sky pollution, no exterior lighting fixtures shall have a correlated light color temperature that exceeds 3,000 kelvin.
K. Lighting shall be consistent with this chapter. (Ord. 1464 § 1 (Exh. A (part)), 2012: Ord. 1256 § 1 (part), 2006).
18.40.040 Lighting plan requirements. The applicant shall submit to the planning department sufficient information, in the form of an overall exterior lighting plan, to enable the director to determine that the applicable provisions will be satisfied.
The exterior lighting plan shall include, at a minimum, the following information:
A. Manufacturer specification sheets, cut sheets or other manufacturer provided information for all proposed lighting fixtures.
B. The proposed location, mounting height, and aiming point of all exterior lighting fixtures.
C. If building elevations are proposed for illumination, drawings shall be provided for all relevant building elevations showing the fixtures, the portions of the elevations to be illuminated, the luminance levels of the elevations, and the aiming point for any remote light fixture. If only architectural lighting below five foot-candles is proposed, this section or any portion of it may be waived by the director.
D. A brief written narrative which describes the objectives of the lighting.
83 Council Packet June 2, 2020 North Bend Municipal Code Page 4/6 Chapter 18.40 EXTERIOR LIGHTING STANDARDS – DRAFT AMENDMENTS ED. Photometric data, Color Rendering Index (CRI) of all lamps (bulbs), and other descriptive information of the fixtures, and, if applicable or required, designation as Illuminating Engineering Society of North America (IESNA) “cut-off” fixtures.
FE. A computer generated photometric grid showing foot-candle readings every 10 feet within the property or site, and 10 feet beyond the property lines at a scale specified by the director. Iso foot-candle contour line style plans may be substituted for the photometric grid.
GF. For exterior lighting installations within 50 feet of upper level living units, horizontal and vertical projection of photometric data is required.
HG. If needed to review proposed exterior lighting installations, the director may require additional information following the initial lighting plan submittal, including but not limited to:
1. Landscaping information that indicates mature tree size;
2. Shrubbery and other vegetation in order to evaluate the long-term and seasonal effectiveness of lighting or screening of lighting. (Ord. 1464 § 1 (Exh. A (part)), 2012; Ord. 1256 § 1 (part), 2006).
18.40.050 Lighting standards for uses within 50 feet of residential zones. The following requirements shall apply:
A. Lighting poles shall be no taller than 15 feet andfixtures shall be installed at a maximum of 17 feet above the grade of the area to be lit.
B. Lighting fixtures shall be aimed and shielded in a manner that the fixture shall not direct illumination on adjacent residential zones. Fixtures shall be of a type or adequately shielded to prevent glare from normal viewing angles.
C. At the discretion of the director and, where feasible, additional landscaping may be used to provide light screening between commercial zones and residential zones to help prevent light trespass. Where landscaping is used for light screening, the director shall take into consideration the applicable landscaping standards, the design standards, the creation of excessive shadows or dark spaces, and views into and out of a site. (Ord. 1256 § 1 (part), 2006).
18.40.060 Open-air parking lot lighting. A. Open-air parking lots shall comply with the standards of this chapter in addition to the other requirements of this title.
B. Open-air parking lot lighting shall be designed to provide for uniform lighting throughout the facility with no dark patches or pockets.
CA. Open-air parking lot lighting shall be designed to provide sufficient lighting to identify parking features and provide pedestrian safety, while minimizing over-illumination and glare.
DB. In order to direct light downward and minimize the amount of light spilled into the dark night sky, all lighting fixtures serving open-air parking lots, except as allowed in Chapter 19.06 NBMC, Design and Construction Standards for Electrical and Street Lighting, shall be full cut-off fixtures as defined by the Illuminating Engineering Society of North America (IESNA).
EC. If the design of an area suggests the use of parking lot lighting fixtures of a particular “period” or architectural style the director may permit and/or require alternatives or supplements to the lighting described above.
FD. Except as specified under 18.16.050 within 50 feet of residential zones, the maximum permissible mounting height of all other outside parking lot lighting shall be 27 feet. The following mounting height regulations shall apply to open-air parking lot lighting:
84 Council Packet June 2, 2020 North Bend Municipal Code Page 5/6 Chapter 18.40 EXTERIOR LIGHTING STANDARDS – DRAFT AMENDMENTS 1. The maximum permissible mounting height of open-air parking lot lighting within 50 feet of residential zoning districts shall be 17 feet.
2. The maximum permissible mounting height of all other outside lighting shall be 27 feet.
E. Parking lot lighting shall have a maximum illumination of 4.0 foot-candles as measured on the pavement.
G. The table below establishes open-air parking lot lighting standards:
Basic1
Minimum foot-candles on pavement2 0.2 foot-candles
Maximum foot-candles on pavement 4.0 foot-candles
Minimum foot-candles at five feet above 0.1 foot-candles pavement3
1 During periods of non-use, the illumination of certain parking facilities shall be turned off or reduced to conserve energy. If reduced lighting is to be used only for the purpose of property security, the minimum (low point) value shall not be less than 0.1 foot-candle. 2 Measured on the parking surface, without any shadowing effect from parked vehicles or trees at points of measurement. 3 Measured at five feet above parking surface at the point of the lowest illumination. (Ord. 1256 § 1 (part), 2006).
18.40.070 Canopy lighting and lighting of service stations. A. In order to minimize the extent of direct glare, light fixtures mounted on or under canopies, awnings, and other building overhangs, including service station islands, shall be recessed so that the lens cover is recessed or flush with the bottom surface (ceiling) of the canopy, awning or overhang, or shielded by the fixture or the edge of the canopy, awning or overhang so that light is constrained to 85 degrees or less from vertical. Figure 1 below, entitled Recessed Fixture, illustrates this.
85 Council Packet June 2, 2020 North Bend Municipal Code Page 6/6 Chapter 18.40 EXTERIOR LIGHTING STANDARDS – DRAFT AMENDMENTS Figure 1 – Recessed Fixture
B. Lights shall not be mounted on the top or sides of the canopy, awning or overhang. The sides shall not be illuminated in any manner.
C. Illumination at grade level for aAreas around and under canopies and islands shall be illuminated so that the minimum horizontal luminance at grade level is at least one foot-candle and no more than five foot-candles. At the discretion of the director, increased lighting levels may be permitted for enhanced security purposes only. (Ord. 1256 § 1 (part), 2006).
18.40.080 Lighting of outdoor performance, sport and recreation facilities. A. Lighting levels and pole heights for outdoor performance, sports, and recreation facilities shall not exceed by more than five percent of the Illuminating Engineering Society of North America published standards for the proposed activity.
B. Where playing fields or other special activity areas are to be illuminated, lighting fixtures shall be specified, mounted, aimed and shielded so that their beams fall within the primary playing area and immediate surroundings, and so that no direct illumination is directed off the site.
C. The main lighting shall be turned off as soon as possible following the end of the event. The main lighting shall not remain on longer than 30 minutes following the end of the event. Where feasible, a low level lighting system shall be used to facilitate patrons leaving the facility, cleanup, nighttime maintenance and other closing activities. The low level lighting system shall provide a horizontal illumination level at grade of no more than four foot- candles. (Ord. 1256 § 1 (part), 2006).
18.40.090 Architectural accent lighting. A. Lighting fixtures used to accent architectural features, materials, colors, style of buildings, or art shall be located, aimed and shielded so that light is directed only on those features.
B. Lighting fixtures used to accent architectural features, materials, colors, style of buildings, or art shall not generate excessive light levels, cause glare, or direct light beyond the facade onto neighboring properties, streets or the night sky.
C. The maximum illumination of any vertical surface or angular roof surface shall not exceed five foot-candles.
D. Flags, such as that of the United States or Washington State, may be illuminated from below provided such lighting is focused primarily on the individual flag or flags to limit light trespass and spill into the dark night sky. (Ord. 1256 § 1 (part), 2006).
18.40.100 Lighting of landscaping. Illumination of landscaping shall utilize diffused or muted lighting, avoid glare, and minimize light trespass beyond landscaping onto neighboring properties, streets, or the night sky. (Ord. 1256 § 1 (part), 2006).
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City Council Agenda Bill
SUBJECT: Agenda Date: June 2, 2020 AB20-077 Department/Committee/Individual Public Hearing, Ordinance Adopting Mayor Ron McFarland NBMC 13.50 Water Conservation City Administrator – David Miller City Attorney – Mike Kenyon City Clerk – Susie Oppedal Community & Economic Development – David Miller X Finance – Dawn Masko Cost Impact: N/A Public Works – Mark Rigos Fund Source: N/A Timeline: Immediate Attachments: Ordinance, Exhibit A – NBMC 13.50, Public Hearing Notice, Public Comment
SUMMARY STATEMENT:
The Water Conservation Ordinance (WCO) was presented to the Community Development and Economic Development (CED)Committee on April 21, 2020, and the CED Committee recommended that staff bring the WCO forward to the full Council. The City Council held a first reading of the Draft WCO on May 5, 2020 and continued the matter until the June 2, 2020 public hearing date. On May 26, 2020, the City held a Town Hall on the WCO, the Water System Plan and methods to reduce water system leakage. Proposed incentives for retrofitting fixtures and landscaping to reach water efficiency were also discussed at the Town Hall. The WCO is being brought back to the City Council incorporating many changes to respond to public hearing comments, Town Hall comments and Council suggestions.
The Ordinance addresses some big spikes in our water use which interfere with maximizing our water rights at both Mt. Si Springs and the Centennial Well. Recent changes to the WCO are:
1. A method for determining the base water use for residential and commercial customers has been redefined. For residential use the lot size data did not support the assumption that the larger the lot the greater the water use. Golder Associates produced an average use per person and per household based upon actual use data and our average household size of 2.8 persons per dwelling unit. Commercial water use will be evaluated by the Public Works Director for each type of commercial use to determine and average annual water use. 2. Includes a rebate incentive program to help fund customer’s conversion of fixtures, irrigation or other water conservation measures stipulated in the WCO (Section 13.05.0230(B)). 3. Penalties have been significantly lowered for customers living outside of the corporate city limits of North Bend, but still represent double the penalties for customers located within the City limits of North Bend. Penalties for exceeding water base allocation in Stage 1 are eliminated. Under drought conditions in Stages 2 and 3 penalties exist for repeated violations. 4. Customers are no longer required to complete work for leak or other wasteful use of water within a stipulated time period, the customer is required to contact a contractor to schedule such work period. 5. The Council will conduct an annual review of the WCO to determine if it has been effective in reducing customer’s use of this limited natural resource. 6. References to turning off water service as a penalty are eliminated.
These are the primary changes to the WCO resulting from the Town Hall meeting. Primary Town Hall comments were:
1. Fines were too high for city customers living in unincorporated King County (second violation reduced from $1000 to $50 and third violation reduced from $2,500 to $200). 2. Water shut off is too harsh. Water shut off removed as a remedy for violations.
City of North Bend, PO Box 896, North Bend, WA 98045 http://northbendwa.gov 93 Council Packet June 2, 2020
City Council Agenda Bill
3. Complaints about definition of wasteful use of water. Clarified wasteful use of water to clearly exclude recreational activities and exclude use of a hose for non-landscape purposes such as water for RV’s/trailers. 4. Complaints about method for determining base allocation of water. The City is now proposing a fair and equitable base allocation of water based upon the East King County Coordinated Water System Plan. This plan set a maximum gallon per day per capita for North Bend. The residential base allocation will be this amount unless a customer seeks an increase due to having a larger family than the 2.8 person average or customer seeks a variance due to larger lot size.
According to the City’s expert water consultant Golder Associates, implementing this Ordinance and reducing the City’s distribution system leakage will ensure water supplies for another 10 years. Customer support to follow the Ordinance measures to avoid water waste and exercise wise stewardship of water use guarantees that the City will not have to fund costly water mitigation schemes to import water for mitigation which would adversely affect ratepayers. Adoption of the Ordinance will express strong implementation of the City’s Brand statement and will show civic leadership in environmental stewardship.
This Ordinance has gone through significant revisions to respond to community and City Council concerns. The Council may choose to adopt the Ordinance with the significant amendments staff has made, continue the public hearing, or close the public hearing and continue action until the next Council meeting.
APPLICABLE BRAND GUIDELINES: This Ordinance supports the City’s Brand Statement in the following ways: provides for sustainably managed growth, supports consistent delivery of quality basic services, supports a commitment to invest in the City and foster community enjoyment and pride, and supports a variety of recreational opportunities.
COMMITTEE REVIEW AND RECOMMENDATION: The Community & Economic Development Committee reviewed this Ordinance at their April 21, 2020 meeting and recommended forwarding this to the full Council for consideration.
RECOMMENDED ACTION: MOTION to approve AB20-062: (choose one)
Continuing the Public Hearing on an ordinance adopting NBMC 13.50 Water Conservation until June 16, 2020.
OR
Closing the Public Hearing on an ordinance adopting NBMC 13.50 Water Conservation and continuing consideration of the ordinance at the June 16 2020 Council meeting for final action.
OR
Closing the Public Hearing and adopting an ordinance as revised establishing NBMC 13.50 Water Conservation, as a final reading. RECORD OF COUNCIL ACTION Meeting Date Action Vote May 5, 2020 AB20-062 Passed in 1st Reading 6-0 June 2, 2020
City of North Bend, PO Box 896, North Bend, WA 98045 http://northbendwa.gov 94 Council Packet June 2, 2020
ORDINANCE
AN ORDINANCE OF THE CITY OF NORTH BEND, WASHINGTON, APPROVING AND ADOPTING A WATER CONSERVATION CODE UNDER NORTH BEND MUNICIPAL CODE CHAPTER 13.50; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE
WHEREAS, the City of North Bend desires to conserve the precious resource of water as an integral part of implementing the Sustainability Element of the Comprehensive Plan by supporting the local economy while preserving environmental quality (Comp Plan Policy E. 1. Local Economy and Environmental Quality); and
WHEREAS, NBMC 13.12.220 authorizes the City to prohibit using water for irrigation or lawn sprinkling purposes when there is a water shortage but provides neither a water conservation education or a water rebate program to assist citizens in conserving water; and
WHEREAS, the City Council desires to promote water conservation primarily through education and not regulation, to reward water users who conserve this resource and provide tools to assist citizens to reduce water use through a water rebate program; and
WHEREAS, the Sallal Water Association currently provides water service within North Bend that is not subject to any water conservation controls and this ordinance will address that deficiency; and
WHEREAS, state law requires municipal water suppliers such as the North Bend Water Utility to adopt and implement water use efficiency and conservation programs. See Chapter 90.03 RCW; WAC 246-291-140; and
WHEREAS, this ordinance will also benefit City water customers because using water efficiently helps reduce water and sewer bills. The City’s goal is to achieve compliance with water conservation primarily through education, including the use of an expanded rebate program to reward water savings, but also when necessary to have enforcement tools to preserve and protect this valuable natural resource; and
WHEREAS, it is the desire of the City of North Bend to proactively conserve water to provide environmental leadership and stewardship over this precious resource; and
WHEREAS, the City Council held a Public Hearing on this matter on June 2, 2020;
Ordinance 1 95 Council Packet June 2, 2020
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORTH BEND, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. NBMC Chapter 13.50 (Water Conservation), Adopted: A New Chapter 13.50 of the North Bend Municipal Code (Water Conservation) is hereby adopted as set forth in Exhibit A, attached hereto.
Section 2. Severability: Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances.
Section 3. Effective Date: This ordinance shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF NORTH BEND, WASHINGTON, AT A REGULAR MEETING THEREOF, THIS ___ DAY OF ______, 2020.
CITY OF NORTH BEND: APPROVED AS TO FORM:
______Rob McFarland, Mayor Michael R. Kenyon, City Attorney
ATTEST/AUTHENTICATED: Published: Effective: ______Susie Oppedal, City Clerk
Ordinance 2 96 Council Packet June 2, 2020 EXHIBIT A
Chapter 13.50 WATER CONSERVATION
13.50.000 Purpose/Intent
13.50.005 Definitions
13.50.010 Application
13.50.020 City Responsibility
13.50.030 Water Conservation Program
13.50.040 Base allocation of Water
13.50.050 Wasteful Use of Water
13.50.060 Determination of Water Conservation Stages
13.50.070 Water Use Restrictions
13.50.080 Construction Water
13.50.090 Irrigation System Inspections
13.50.100 Discontinuation of Water Service
13.50.120 Unauthorized Water Use
13.50.130 Violation Declared A Nuisance
13.50.140 Enforcement
13.50.150 Penalties
13.50.160 Remedies Cumulative
13.50.170 Variances
13.50.180 Fire and Other Emergencies
13.50.000 Purpose/Intent
The purpose and intent of this chapter is to encourage water conservation for our environment and for future generations. Water conservation helps protect a shared natural resource and retains more water in the Snoqualmie River and other rivers and
Ordinance xxxx, Exhibit A 97 Council Packet June 2, 2020 EXHIBIT A bodies of water for fish, wildlife and other environmental benefits. Conservation of this limited natural resource also stretches our valuable water supply to meet the needs of citizens within our urban growth area ensuring that we will have sufficient beneficial use and mitigation water for all future generations. This ordinance will also benefit city water customers because using water efficiently helps reduce water and sewer bills. The City’s goal is to achieve compliance with water conservation primarily through education but when necessary to have enforcement tools to preserve and protect this precious natural resource.
13.50.005 Definitions. A. “Base Allocation” means the amount of water allocated to each customer class for both interior and exterior use on a monthly or billing cycle basis.
B. “Best Management Practice (BMP)” means a policy, program, practice, rule, regulation ordinance or the use of devices, equipment or facilities that result in more efficient use or conservation of water.
C. “Certified Landscape Irrigation Auditor” means a person certified to perform landscape irrigation audits by a professional trade organization or other educational organization.
D. “City” means the city of North Bend, Washington.
E. “City Administrator” means the City Administrator of the City or their designee unless otherwise stated or indicated by context.
F. “City Customer” means a customer of the City Water System located within the corporate limits of the City of North Bend or a customer of the Sallal Water Association located within the corporate limits of the City of North Bend.
F. “City Water System” means those facilities within and without the City that are within the City’s Water Service Area or within its Urban Growth Area as defined by the Washington State Growth Management Act.
G. “Customer” means any person or entity using water supplied by the City or the Sallal Water Association within the City’s Urban Growth Area. The term includes but is not limited to: tenants of single-family dwellings or duplexes, owners of real property and management companies responsible for property management of real property.
Ordinance xxxx, Exhibit A 98 Council Packet June 2, 2020 EXHIBIT A
H. “Department” means the City of North Bend Public Works utilities department.
I. “Director” means the City’s Public Works Director or their designee.
K. “Discontinued Service” means having the water service turned off by the Department.
L. “Fire Chief” means the fire chief of the Eastside Fire and Rescue Department or their designee.
M. “Irrigation Service” means a water service that is exclusively for landscape irrigation purposes.
N. “Gauge at Masonry Pool” means the gauge measuring the level of water at the Masonry Pool, the smaller body of water immediately upstream of the Masonry Dam
O. “Non-City Customer” means a customer of the City Water System located outside the corporate limits of the City of North Bend.
P. “Nonresidential Customer” means a customer of the City’s water system on whose property a residence is not situated.
Q. “Person” means any person, business, firm, partnership, association, corporation, company, entity, or organization of any kind.
R. “Residential Customer” means a Customer of the City or Sallal Water Association within the City on whose property, whether owned or rented, at least one person resides.
S. “Sallal Water Association” means a private member based association with a water service area within portions of the City and portions of the City’s UGA.
T. “Urban Growth Area” or “UGA” means a boundary created pursuant to the Washington State Growth Management Act (Chapter 36.70A RCW) within which the City is obligated to deliver “urban services,” including water service.
U. “Water Conservation” means the best management practices for the reasonable and efficient use of water for both indoor and outdoor water demands.
V. “Water Conservation Program Guidelines” means the program guidelines developed, maintained, and managed by the Director pursuant to this chapter.
Ordinance xxxx, Exhibit A 99 Council Packet June 2, 2020 EXHIBIT A
W. “Water Service Area” means the boundaries of the City Water System as defined by the King County Utilities Technical Review Committee.
X. “Wasteful Use of Water” is as defined in North Bend Municipal Code Section 13.50.050.
13.50.010 Application. The provisions of this chapter shall apply to all Customers of the City and the Sallal Water Association within the territorial limits of the City.
13.50.020 City responsibility. The City shall have the right to manage water demand for all Customers within the corporate limits of the City and for City Water System Customers outside of the corporate limits of the City but within the City’s Water Service Area.
13.50.030 Water conservation program A. The Director is authorized to develop best management practices for water use and conservation.
B. The Director shall oversee this chapter’s implementation, compliance with best management practices, and any laws mandating water conservation.
13.50.040 Base allocation of water. The Director may develop a base allocation for each class of customer account, taking into account the needs and characteristics of each customer class. This base allocation may be used to evaluate compliance with the conservation stage in effect and to encourage the reasonable and efficient use of water. For residential customers, this base allocation will be no more than_____gallons of water per day based upon the maximum per capita amount set forth in the 1990 East King County Coordinated Water System Plan; provided, however, if a Customer has occupants exceeding the average of 2.8 persons per household, the Customer’s base allocation shall be increased pro rata based upon such additional persons and provided, further, if the Customer believes that the size of the Customer’s lot results in exceeding this average maximum, the Customer may request the Director increase this maximum allocation. Within the residential customer class, the base allocation will be based upon an average lot size of 8,000 square feet.
13.50.050 Wasteful use of water.
Ordinance xxxx, Exhibit A 100 Council Packet June 2, 2020 EXHIBIT A
Any of the following acts or omissions, whether intentional, unintentional, willful, or negligent, shall constitute the wasteful use of water:
A. Significant water flowing away from a property caused by excessive application(s) of water beyond reasonable or practical irrigation rates, duration of application, or other than incidental applications to impervious surfaces.
B. Causing or permitting a significant amount of water to discharge, flow, run to waste into or flood any gutter, sanitary sewer, water course or storm drain, or to any adjacent lot, from any tap, hose, faucet, pipe, sprinkler, or nozzle. In the case of irrigation, “discharge,” “flow” or “run to waste” means that water is applied to the point that the earth intended to be irrigated has been saturated with water so that additional applied water then flows over the earth. In the case of washing, “discharge,” “flow,” or “run to waste,” means that water in excess of that necessary is applied to wash, wet, or clean the dirty or dusty object, such as an automobile, sidewalk, or parking area.
C. Allowing water fixtures or heating or cooling devices to leak or discharge water after becoming aware of such leak or discharge, except as it applies to condensate drains.
D. Maintaining ponds, waterways, decorative basins, or swimming pools without water recirculation devices or with known leaks, both seen and unseen.
E. Discharging water from, and refilling, swimming pools, decorative basins, or ponds in excess of the frequency reasonably necessary to maintain the health, maintenance, or structural considerations of the pool, basin or pond, as determined by the Director.
F. Continued operation of an irrigation system that applies water to an impervious surface or that is in disrepair.
G. Use of a water hose not equipped with a control nozzle capable of completely shutting off the flow of water except when positive pressure is applied.
H. Irrigation of lawns or landscaping when it is raining.
I. Overfilling of any pond, pool, or fountain which results in water discharging from the pond, pool, or fountain.
J. Failure to contact a repair contractor and deliver a repair schedule to the City within five working days when a customer discovers or is notified of leaks in pipes, faulty
Ordinance xxxx, Exhibit A 101 Council Packet June 2, 2020 EXHIBIT A
sprinklers, or other water-related fixtures, unless the Director informs the Customer that the leak must be repaired more quickly, in which case the Customer shall use best efforts to repair the leak as soon as practicable.
K. Irrigating lawns or landscaping between the hours of 10:00 a.m. and 10:00 p.m., unless a variance is granted by the Director. Using a sprinkler, water slide or other water recreational device on a lawn for short term recreational purposes shall not consistute “irrigation”.
L. Using potable water from the City Water System for compaction, dust control, or other construction purposes without first obtaining approval from the Director as provided in North Bend Municipal Code Section 13.50.090 and a meter from the City.
M. Installing a nonrecirculating system in any new automatic car wash or new commercial laundry system or failure to utilize current best management practices for water conservation that are industry standards.
N. A customer repeatedly exceeding their base allocation of water as described in Section 13.50.040 during stage two or stage three of conservation as described in Section 13.50.060.
13.50.060 Determination of water conservation stages. In determining the City Water System’s water conservation stage, the Director shall determine whether that system’s water supplies available for potable/beneficial use and mitigation water are sufficient to meet the current customer demands on that system and shall consider, among other things:
A. any variations in the reliability of the water supplies available to the City Water System;
B. availability of nonpotable water to meet nonpotable demands on the City Water System;
C. the success, or lack thereof, of previous declarations of a less stringent water conservation stage in causing the water-use reductions sought by the City; and
Ordinance xxxx, Exhibit A 102 Council Packet June 2, 2020 EXHIBIT A
D. any agreements between the City and local water purveyors for deliveries of additional water supplies to the City. The Director will select the necessary stage for conservation.
13.50.070 Water use restrictions. Water use restrictions during the various conservation stages shall, at a minimum, be as listed below and may be augmented by other restrictions as determined necessary by the City Administrator.
A. During the stage one (basic stage, which will automatically occur each August 15) conservation stage, the following restrictions shall be enforced:
1. Water will be used for beneficial uses; all wasteful use of water is prohibited.
2. Water shall be confined to the Customer’s property and shall not be allowed to significantly run off to adjoining property or to the roadside ditch or gutter. Care shall be taken not to water past the point of saturation.
3. Free flowing hoses are prohibited for all uses including landscape watering, vehicle and equipment washing, ponds, evaporative coolers and livestock watering troughs. Automatic shut-off devices shall be installed on any hose or filling apparatus in use for the foregoing or similar purposes.
4. All pools, spas, and ornamental fountains/ponds shall be equipped with a recirculation pump and shall be constructed to be leak proof. Pool draining and refilling shall be allowed only to the extent required for health, maintenance, or structural considerations, and must otherwise comply with all applicable federal, state, and local stormwater management requirements.
5. Irrigation of lawns and other landscaped areas is permitted without restrictions as to the daytime that watering can occur.
B. During the stage two (The Gauge at the Masonry Pool shall be at ______or less) conservation stage, the following restrictions shall be enforced:
1. All stage one (basic stage) restrictions shall continue to be enforced, except to the extent they are replaced by more restrictive requirements imposed by this section.
Ordinance xxxx, Exhibit A 103 Council Packet June 2, 2020 EXHIBIT A
2. Landscape and pasture irrigation, except drip irrigation, shall be limited to a maximum of three days per week based on the following odd-even schedule, except drip irrigation may be conducted on any day.
a. Customers with street addresses that end with an odd number may irrigate only on Tuesdays, Thursdays, and Saturdays.
b. Customers with street addresses that end with an even number may irrigate only on Wednesdays, Fridays, and Sundays.
c. No irrigation is permitted on Mondays.
3. Hand and manual watering follows the same odd/even day schedule and may be done anytime during the day.
4. Washing of streets, parking lots, driveways, sidewalks, buildings or other hardscape surfaces is prohibited, except as necessary for health, sanitation or fire protection purposes.
5. Restaurants shall serve water only upon specific request.
6. Public and private streetscape landscaping (medians and frontage) may be watered only on the same schedule as Customers with street addresses that end with an even number.
7. No water from the City Water System shall be used for construction purposes such as dust control, compaction, or trench jetting, unless the use is approved by the Director.
C. During the stage three (The Gauge at the Masonry Pool shall be at ___ or less) conservation stage, the following restrictions shall be enforced:
1. All stage two restrictions shall continue to be enforced, except to the extent they are replaced by more restrictive requirements imposed by this section.
2. Landscape and pasture irrigation, except drip irrigation, shall be limited to a maximum of one day per week based on the following odd-even schedule.
a. Customers with street addresses that end with an odd number may irrigate only on Tuesdays.
Ordinance xxxx, Exhibit A 104 Council Packet June 2, 2020 EXHIBIT A
b. Customers with street addresses that end with an even number may irrigate only on Wednesdays.
c. No irrigation is permitted on Mondays, Thursdays, Fridays, Saturdays and Sundays.
3. Public and private streetscape landscaping (medians and frontage) may be watered only on the same schedule as customers with street addresses that end with an even number.
4. No water from the City Water System shall be used to drain and refill swimming pools, artificial lakes, ponds, or streams and no new permits for swimming pools, artificial lakes, ponds or streams shall be issued until the water conservation stage has been declared to be stage one.
5. Water use for ornamental ponds and fountains is prohibited unless required to maintain existing vegetation, to sustain existing fish/animal life or as necessary for public health reasons.
6. New or expanded landscaping on properties is limited to drought-tolerant trees, shrubs, and ground cover and no new turf or grass shall be planted, hydro- seeded or laid.
7. Washing of automobiles or equipment shall be done on the lawn or at a commercial establishment that uses recycled or reclaimed water.
8. A customer shall contact a repair company to repair all water leaks within twenty-four hours of notification by the utilities department or service may be discontinued.
9. Flushing of sewers or fire hydrants is prohibited, except in case of an emergency and for essential operations.
10. Flushing of fire protection systems is prohibited, except during required maintenance or servicing of the system.
11. No water from the City Water System shall be used for construction purposes such as dust control, compaction, or trench jetting, unless the use is
Ordinance xxxx, Exhibit A 105 Council Packet June 2, 2020 EXHIBIT A
necessary for fire protection system testing, maintenance, or acceptance by the Fire Chief.
13.50.080 New Construction. A. Construction Water. Water for construction purposes obtained from the City’s water supply may only be used within the City’s existing corporate boundary. Water for dust control, compaction, and other construction activities shall be subject to the following conditions:
1. Use of water from the City Water System for construction purposes shall require a City-issued construction water meter and a refundable security deposit that includes a monthly meter rental fee as established by the Department. Prior to such water use, the construction water customer must obtain approval from the Director to use the water for construction and agree to comply with all of the requirements of this chapter. The Director may impose such additional conditions on the use of such water, including, but limited to, conditions regulating the purpose for the use of the water, rate of use, location, frequency and quantity of use, and such other conditions as deemed reasonably necessary by the Director to effectuate the purposes of this chapter. The construction meter shall be located by the Department and shall only be relocated or removed by the Department. Unauthorized relocation or removal of a construction meter shall be deemed theft and the offender shall be subject to the penalties set forth in North Bend Municipal Code Section 13.50.170.
2. Construction water shall only be drawn through a construction water meter. Construction water drawn through an unmetered connection shall be deemed theft of water and shall be grounds for the deposit on the construction meter to be forfeited. The offender shall also be subject to the penalties specified in North Bend Municipal Code Section 13.50.150. In the event the person identified as drawing water without a metered connection does not have a meter, the action shall be deemed theft and the offender shall be subject to the penalties specified in North Bend Municipal Code Section 13.50.150.
3. These requirements for construction water use may be modified or supplemented by other conservation measures as determined appropriate by the Director for the declared conservation stage. The Director may terminate the approval granted to use the construction water based on water use restriction stages, violation of the terms and conditions of use, and/or for conduct that amounts to wasteful use of water.
Ordinance xxxx, Exhibit A 106 Council Packet June 2, 2020 EXHIBIT A
B. New Construction Requirements.
1. Irrigation. All landscape beds, if irrigated, shall be irrigated with a drip irrigation system and not with an automatic sprinkler system.
2. Rain barrels. All gutters shall connect to rain barrels with hose bibs to allow a property owner to irrigate with storm water.
3. Landscaping. All new landscaping shall comply with other chapters of the NBMC and be drought tolerant to the greatest extent possible.
4. Commercial Construction. All commercial construction shall consider the use of on site underground vaults to collect stormwater for landscape irrigation and roof storm water collections to be used for landscape irrigation.
13.50.090 Irrigation system inspections. All customers, public and private, with a parcel over one acre shall conduct an annual irrigation system inspection prior to the start of the irrigation season on AprilMay 1 1st of each year. This inspection shall be performed by a Certified Landscape Irrigation Auditor or licensed landscape or irrigation contractor and the results forwarded to the Department in accordance with the procedure outlined in the water conservation program guidelines. Single-family residences are exempt unless the Director determines there has been wasteful use of water on a customer’s premises and the owner has either not corrected the condition or contacted a contractor to correct the conditions within five days after the City provided written notification to discontinue such practice.
Customers that have a current irrigation system check-up on file with the Department will be allowed one courtesy water waste warning before being deemed in violation of this chapter.
13.50.100 Discontinuance of water service. The Director may discontinue service to a City Water System Customer’s connection to the City Water System at the time that the Director issues to the Customer: (A) a notice of a third violation of this chapter during the stage one (basic stage); (B) a notice of a second violation of this chapter during a stage two; or (C) a notice of a second violation during a stage three. If the Customer’s water service is discontinued due to violations of
Ordinance xxxx, Exhibit A 107 Council Packet June 2, 2020 EXHIBIT A this chapter, the customer shall be subject to the penalties specified in North Bend Municipal Code Section 13.50.150. Upon seeking renewed service from the City, the Customer shall pay the City’s water turn off/on service fee as set by ordinance or resolution of the North Bend City Council.
13.50.120 Unauthorized water use. A. An illegal connection to the City Water System shall either be metered by the property owner within the time specified by the Department or disconnected at the discretion and direction of the Director, and the offender shall be subject to the penalties specified in North Bend Municipal Code Section 13.50.150.
B. Unauthorized use of a fire hydrant, public or private, for anything other than fire flows or permitted and metered construction water shall subject the offender to the penalties specified in North Bend Municipal Code Section 13.50.150 and Chapter 8.36, North Bend Fire Code.
13.50.130 Violations declared a nuisance. Any activity in violation of this chapter will adversely and seriously affect the public health, safety, and welfare, is hereby declared to be a public nuisance and may be remedied as provided in this chapter, any other applicable portion of the North Bend Municipal Code or applicable state law.
13.50.140 Enforcement. A. This chapter shall be enforced pursuant to the provisions of this Chapter, Chapters 1.20 and 8.08 of the North Bend Municipal Code, and any other enforcement mechanism available to the City under the North Bend Municipal Code and/or applicable law.
B. Unless otherwise expressly provided in this chapter, the Director shall enforce the provisions of this chapter.
13.50.150 Notice and Penalties A. The goal of the provisions of this chapter are to achieve voluntary compliance from the Customer, and the City will take reasonable measures to assure the Customer has information available to promptly and efficiently address water use issues. Where voluntary compliance cannot be achieved through initial contacts, education and warnings, then appropriate administrative penalties and further action are required. Except as otherwise provided herein, consecutive violations for the same condition
Ordinance xxxx, Exhibit A 108 Council Packet June 2, 2020 EXHIBIT A causing such violation of any provision of this chapter during a calendar year shall be addressed as follows:
Customer Contact Notice or Penalty First Personal or written notification (or both) of the condition violating a provision of this Chapter with a request to correct the condition Second Written notification and issuance of a notice to correct violation. Penalty of up to $25 a day for City Customers and up to $501,000 a day for Non-City Customers. Third Issuance of an administrative penalty up to $100 a day for City Customers and up to $200500 a day for Non-City Customers; discontinued water service and/or other penalties as provided in the Notice of Violation and/or as determined by the Director B. Penalties.
1. Each of the remedies identified in Chapters 1.20 and 8.08 of the North Bend Municipal Code shall be available for enforcement of the provisions of this chapter. Each day a violation of this chapter continues, it shall be deemed a separate violation subject to the above penalties.
2. In addition to any other penalties provided by this chapter, if a Customer of the City Water System violates any of the water use restrictions during a stage two or three water conservation stage, and such conditions are not corrected within five days after the Customer is given written notice, the City is authorized to do any or all of the following:
a. Meter any flat rate service connection and apply the regularly established metered rates. If the parcel has over two thousand five hundred square feet of landscaping, a separate landscape meter may be installed. Costs for the water meters and installation shall be paid by the property owner.
b. If the service is metered, the Customer shall be billed at twice the metered rate during the time that the violation continues. If more than two thousand five hundred square feet are irrigated and the parcel does not have a separate irrigation meter, then an irrigation meter may be installed. The Customer shall be billed at twice the metered rate during the time the violation continues.
Ordinance xxxx, Exhibit A 109 Council Packet June 2, 2020 EXHIBIT A
Costs for the water meter, and for any required cross-connection controls and installation, shall be paid by the property owner.
C. Appeal. There shall be no administrative appeal of the water use restrictions identified in North Bend Municipal Code Section 13.50.070. Any appeal of administrative penalties imposed pursuant to this Chapter, any order to install a mandatory water meter, discontinue water service, or any other orders or decisions of the Director shall be appealable to the City Administrator. Such appeal must be made to the City Clerk within fourteen (14) days of the Customer’s receipt of the notice of the penalties being appealed. Such appeal shall clearly state the factual and/or legal basis for such appeal and be accompanied by a $35.00 appeal fee. The City Clerk shall forward that appeal to the City Administrator, the Director, and the City Attorney. The City Administrator shall make best efforts to issue a decision on such appeal within thirty (30) days of the date such appeal is filed with the City Clerk. The City Administrator’s decision shall be final and there shall be no right of appeal to the City Hearing Examiner nor the City Council.
13.50.160 Remedies cumulative. The remedies set forth in this chapter are cumulative to any other remedy available to the city. Pursuit of one remedy shall not preclude any other remedy, and nothing contained in this chapter shall limit or be deemed to prevent the city from pursuing any other remedy available to the city under the North Bend Municipal Code or other applicable law
13.50.170 Variances. In unusual circumstances, application of this chapter may cause unnecessary hardships or results or adversely impact public recreational activities which promote economic development inconsistent with this chapter’s purposes and intent. Therefore, exemptions and variances to some of the requirements of this chapter may be appropriate as delineated below.
A. Exemption. The irrigation of recreational ballfields owned by a public agency or a private party, open to the general public and used for tournament purposes which promote tourism and economic activity are exempt from those portions of this chapter which would interfere with delivering such public recreational services.
Ordinance xxxx, Exhibit A 110 Council Packet June 2, 2020 EXHIBIT A
A.B. A. Authority to Grant Variances. The Director may grant variances from this chapter’s provisions during a stage one, two, or three conservation stage as specified in North Bend Municipal Code Section 13.50.070 , Water use restrictions.
CB. Other Variances. Customers who seek a variance from this chapter for any reason other than the needs of new landscaping, shall submit to the Department a written request for variance, setting forth, in detail, the extraordinary circumstances that support the application. The Director may approve the application in their discretion; provided, that the variance allows the applicant to use only the minimum amount of water in addition to that allowed by this chapter that the Director reasonably believes is necessary to satisfy the circumstances that support the application. Any such variance shall terminate one year after its issuance, subject to an application for its renewal.
13.50.180 Fire and other emergencies. Nothing in this chapter limits or may be construed as limiting the availability of water for extinguishing fires, meeting the demands of any other similar emergency, or routine inspection and maintenance of fire hydrants.
13.50.190 City Council Review. City staff will provide annual water reports to the City Council showing customers’ water use for the prior year in order for the City Council to determine the effectiveness of this chapter.
Ordinance xxxx, Exhibit A 111 Council Packet June 2, 2020
112 Council Packet June 2, 2020
LEGAL NOTICE CITY OF NORTH BEND King County, Washington
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the North Bend City Council has scheduled a hearing to solicit public input and comments on adoption of a new chapter to the North Bend Municipal Code, Chapter 13.50, relating to Water Conservation. The public hearing will take place during the City Council Meeting on Tuesday, June 2, 2020, at 7:00 PM. Depending on Washington State mandates regarding COVID-19 at the time of the meeting, it will either take place at North Bend City Hall (920 SE Cedar Falls Way, North Bend, WA, 98045) OR online using Zoom Meetings. Updated information regarding the location of the City Council meeting and public hearing will be available on the City of North Bend website on May 28, 2020. The text of the proposed ordinance is available for viewing under Public Notices on the City website at http://northbendwa.gov.
Comments may be presented orally at the public hearing or submitted in writing to City Clerk Susie Oppedal at P.O. Box 896, North Bend, WA, 98045, or by e-mail to: [email protected] prior to 5:00 PM, Monday, June 1, 2020. For additional information please contact City Administrator David Miller at (425) 888-7626 or [email protected].
Posted: May 15, 2020 Published in the Snoqualmie Valley Record: May 15, 2020
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STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Northwest Regional Office 3190 160th Avenue SE Bellevue, Washington 98008-5452 (425) 649-7000 711 for Washington Relay Service Persons with a speech disability can call (877) 833-6341 SENT VIA EMAIL
May 21, 2020
City of North Bend Councilmembers 920 SE Cedar Falls Way PO Box 896 North Bend, WA 98045
RE: North Bend’s Proposed Water Conservation Ordinance
Dear City of North Bend Councilmembers:
The Department of Ecology (Ecology) supports the City of North Bend (City) adopting new water conservation measures. Promoting local water conservation and efficiency will help protect our shared and limited water resources. The City’s proposal aligns with the state’s mission of supporting sustainable water resources management to meet the present and future water needs of people and the natural environment, in partnership with Washington communities.
While Ecology does not have a defined role in regulating a municipality’s water use and distribution, outside of the water right permitting process, conservation is a core tenet of water law and the State of Washington’s water policy (RCW 90.03.005), as quoted below: “It is the policy of the state to promote the use of the public waters in a fashion which provides for obtaining maximum net benefits arising from both diversionary uses of the state's public waters and the retention of waters within streams and lakes in sufficient quantity and quality to protect instream and natural values and rights. Consistent with this policy, the state supports economically feasible and environmentally sound development of physical facilities through the concerted efforts of the state with the United States, public corporations, Indian tribes, or other public or private entities. Further, based on the tenet of water law which precludes wasteful practices in the exercise of rights to the use of waters, the department of ecology shall reduce these practices to the maximum extent practicable, taking into account sound principles of water management, the benefits and costs of improved water use efficiency, and the most effective use of public and private funds, and, when appropriate, to work to that end in concert with the agencies of the United States and other public and private entities.”
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In alignment with state water policy, Ecology lauds the City’s proactive measures to promote water conservation through education, rebates, and regulation. Moreover, complying with water use efficiency requirements as defined in chapter 246-290 WAC, is a provision of the City of North Bend’s mitigated water right permit, and any conservation measures pursued will help to reduce the City’s mitigation burden required under the permit.
Thank you for the opportunity to provide this letter of support.
Sincerely,
Ria Berns Section Manager Water Resources Program ecc: Mayor Rob McFarland David Miller Mark Rigos
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May 22,2020
V I A E M AI L: tom pors@ co mcast. net
Thomas M. Pors Law Office of Thomas M. Pors Gascadia 1700 7th Ave., Suite 2100 Seattle, WA 98101-1360 Law Group Re: City of North Bend Water Supply ENVIRONMENTAL ATTORNEYS Dear Tom:
I am writing this letter to you rather than to Mayor McFarland because I understand you have been engaged to represent the City of North Bend on water resource matters. I trust you will forward it to and discuss it with the City.
You were copied on the May 1 ,2020letter I wrote to Ria Berns, Regional Water Resources Program Manager at the Department of Ecology, on behalf of Friends of Snoqualmie Valley Trail and River (Friends) regarding the limitations of the City's water supply. You also received and responded to the letter that I sent to the City and Sallal Water Association on January 20,2020 regarding the issues with reliance on the Association's water supply for mitigation. These letters provide Friends' positions on the significant water supply issues facing the City.
Based on data and analysis by two prominent engineering firms, Golder and Associates, and Gray & Osborne, lnc. who drafted the City's 2020 Draft Water System Plan (WSP), it is undisputable that the City cannot increase it use of water from the CentennialWell under Permit No. G1-26617(A) (Permit) without additional in kind and in place mitigation. ln fact, the current mitigation of Hobo Springs is not sufficient to mitigate for current use under dry conditions, and Hobo Springs is simply not a reliable source as explained in my May 1 letter, which I will not repeat but incorporate herein.
Friends recognizes that the intertie with the Sallal Water Association is to provide additional mitigation. As you know, Friends does not believe this is a lawful mitigation supply without Sallal applying to change its water rights and obtaining an approvalfrom Ecology amending the water right. We disagree with Ecology's position that the approval of the Centennial Well Permit de facto authorized the Sallal Water Right No. G1-24671to add a purpose of use and a place of use. Ecology's letter of April 10, 2020 to the Mayor of the City is not an appealable legal decision but only an opinion of Ecology. The fact is that the Sallal Water Right is legally limited to the purposes and place of use authorized in its Water Right Certificate.
SEATTIE flLYMPIA 1201 Third Avenue 606 Columbia Street NW Suite 320 Suite 212 Seattle, WA 98101 0lympia, WA 98501 Gascadia Law ûroup PLLC (206) 292-6300 voice (360) 786-5057 voice www.cascadialaw.com (206) 292-630i fax (360) 786-1835159 fax Thomas M. Pors Council Packet June 2, 2020 May 22,2020 Page 2
You are well aware of the decisions issued by the Washington Supreme Court over the last several years that have clarified and confirmed the requirement to protect instream flows in planning under the Growth Management Act and in processing water right applications in basins which have minimum instream flows To protect these flows, mitigation is mandated both in kind and in place. I am referring to the line of cases leading up to Whatcom County v. Hirst,186 Wn,2d 648, 381 P.3d 1(2016) (Hirst), as well as Swinomish v. Ecology, 178Wn.2d 571, 311 P.3d 6 (2013) (Swinomish), and Foster v. Ecology 184 Wn.2d 465, 362 P.3d 959 (2015) (Foster).
As unequivocally stated in Hirst, pursuant to RCW 36.704.070, a local government has the obligation to ensure that development has sufficient water supply before granting a building permit or subdivision application under RCW 19.27.097(1) and RCW 58.17.110. The court reiterated that it has been extremely protective of withdrawals that impede instream flows, citing Sønomrsh and Foster. The City should recognize these requirements based on the decision by the Hearing Examiner in the appeal of the preliminary plat for the Cedar River Apartments Project (Project). Friends v. North Bend and Shelter Holdings and Cedar River Apartmenfs, Appeal2018-001, Findings of Fact and Conclusions of Law (October 25,2018). The Hearings Examiner denied the appeal with one important caveat based on the Supreme Court's decision in JZ Knight v. City of Yelm,173 Wn. 2d 325,267 P.3d 973 (2011):
Consistentwith RCW 58.17.110(2), NBMC 17.12.010, and to ensure that the project makes appropriate provisions for the public health, safety and general welfare and for potable water supplies, prior to Final Short subdivision approval, a written quarantee of, or similar leoal instrument confirminq, connection with and adequacv of potable water supplv from either the Sallal Water Association and the City of North Bend shall be provided by the applicant prior to final short subdivision approval for anv phase of the Proiect. (Emphasis added.)
Under the current circumstances described above and based on the analysis provided in my previous letters and in the several comments Friends has provided the City, the City cannot guarantee an adequate potable water supply for the Project. Further, because of the decision by King County Utilities Technical Review Committee in an appeal by Shelter Holdings and Cedar River Partners regarding Sallal's ability to serve water to the Project in a timely and reasonable manner, the Project was taken out of the Sallal service area. This Project is not in the City's service area and will only be in the City's service areaif authorized by the Department of Health in approving the WSP, which approval is questionable based on the City's current lack of water supply.
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There are undoubtedly other applications for building permit and subdivisions pending before the City and that will be filed. The City will be violating the statutory requirements and the supreme court decisions if it provides any "written guarantee of, or similar legal instrument confirming, connection with and adequacy of potable water supply" unless and until additional reliable sources are legally available to mitigate impacts to the Snoqualmie River, in kind and in place.
ln conclusion, on behalf of all its members, Friends requests the City to cease issuing approvals of any applications for building permits and subdivision applications until the City has the legally available mitigation, which in Friends opinion does not include the Sallal Water Right.
Sincerely, M w Thomas McDonald Direct Line: (360) 786-5039 Email : [email protected] Office:Olympia
TM:en cc Jean Buckner, EdD, Friends of The Snoqualmie Valley Trail and River Richard Jonson, Attorney at Law Ria Berns, Department of Ecology Robert James, Department of Health
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May 1, 2020
VIA EMAIL: [email protected]
Ria Berns, Program Manager Water Resources Department of Ecology Northwest Regional Office 3190 - 160th Ave. SE Bellevue, WA 98008-5452
Re: City of North Bend Water Supply
Dear Ria:
Last month, you and I had a discussion regarding the authorized water supply for the City of North Bend. We also discussed the potential use of water from the Sallal Water Association and Cascade Golf Course wells as mitigation for North Bend’s Water Right Permit No. G1-26617(A) (Permit). I reviewed your letter to Mayor McFarland that makes the finding that the Sallal Water Right Certificate No. G1-24671 may be used for mitigation of North Bend’s water right without any further action by Ecology. As you know, I believe this decision is not legally sound and sets new precedent. I briefly address this in more detail below.
The primary purpose of this letter is to address the current status of the City’s mitigation. At this time there is no mitigation water other than Hobo Springs. Hobo Springs is not an adequate source for current water demand and, on behalf of my client, I respectfully request that Ecology inform North Bend that it must cease committing water for new development until a second adequate mitigation source is firmly available.
From our discussion I understand that while the Report of Examination for the Permit requires mitigation in addition to Hobo Springs, Ecology now believes that Hobo Springs has shown to be more reliable than earlier thought, and in the short term Ecology does not have the same concern it had when the Permit was first issued. However, there is not an understanding of the short term. In fact, based on Golder’s own data, mitigation is not available for any additional water withdrawals under the Permit. The recent draft Water System Plan supports this conclusion. Your letter to the Mayor acknowledges that there is vulnerability for the City in its reliance on the Permit. In my opinion, based on the real data, a stronger and proactive approach by Ecology is necessary.
Ecology must protect the minimum flows of the Snoqualmie River under Ch. 173- 507 WAC and should not take a reactive approach by again waiting for unauthorized impairment to the flows before taking appropriate action. Ecology
SEATTLE OLYMPIA 1201 Third Avenue 606 Columbia Street NW Suite 320 Suite 212 Cascadia Law Group PLLC Seattle, WA 98101 Olympia, WA 98501 (206) 292-6300 voice (360) 786-5057 voice cascadialaw.com (206) 292-6301 fax (360) 786-1835163 fax
Council Packet June 2, 2020 Ria Berns, Program Manager Water Resources May 1, 2020 Page 2
has the authority to take action if there is impending violation under RCW 43.27A.190. The additional demand on water supply because of the City of North Bend’s approval of plats and building permits under RCW 58.17.110 and RCW 19.27.097 will cause impairment to the minimum instream flows.
If the City is allowed to continue to commit water for new development without a second mitigation source, Ecology will be in the untenable position of making a decision to regulate North Bend’s withdrawal of water under the Permit that would shut off water supply for domestic purposes. Yet, we know the regulation of potable domestic water use will not occur, and the Snoqualmie River will take the impact from the lack of proper planning. In Ecology’s regulatory capacity, the proper approach that is protective of the residents and the minimum instream flows is to consider the available water supply and demand during a dry year. The year 2015 was a dry year that should be used as the base year for determining adequate mitigation. This year should not be ignored as an anomaly, considering weather patterns and climate change.
My client’s position is supported by Golder’s own data. In its October 2019 Water Supply and Mitigation Report (Golder Report), Golder surprisingly did not run the model regarding impacts on the Snoqualmie River with only Hobo Springs as mitigation. Therefore, the Golder Report fails to provide the crucial analysis of the current mitigation scenario which determines the water available under the Permit. Although we do not have access to the Golder database and GoldSim Model, we have used Golder data to provide a snapshot of what likely occurred in 2015 and will occur in the future during peak demand months, July – September, with Hobo Springs as the sole mitigation source.
Based on the analysis, North Bend does not have sufficient mitigation water until another source is found. Please see chart at Attachment 1. Attachment 1 is a projection of North Bend’s water demand vs. available water supply with only Hobo Springs as mitigation in peak demand months under the conditions of 2015. For this comparison, Scenario 5 in the Golder Report was used because it excludes the City’s Potential Annexation Area (PAA). During the critical period of time in a 2015 dry-year scenario, the demand is exceeding the supply of water available based on the available mitigation from Hobo Springs.
There should be no dispute that the flow of water available from Hobo Springs is currently not an adequate and reliable supply during the critical period if there is a dry year like 2015. We know that Hobo Springs does go dry at times when instream flows can be below threshold. In 24 years of records there were six years when flow was below 0.5 cfs, and three years where it was essentially zero. See Golder Report Summary, Table A-3 and Figure A-4, at Attachments 2 and 3.
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Figure A-4 also shows that the minimum daily flows from 2007 to 2018 have decreased, and we should expect this trend to continue with climate change.
In 2015, City water demand was 629 afy (205 mgy). See Golder Report Table A-9. Attachment 1 compares this to projected growth this year, 2020, and future growth in 2025. It is clear that current mitigation is not adequate if a weather year like 2015 were to be repeated. The projected demand in the Golder Report for 2020 is approximately 765 afy (250 mgy), which represents a 22% increase over 2015. See Golder Report, Figure B-1, at Attachment 4. The projected demand for 2025 is approximately 1,350 afy (440 mgy), which represents a 115% increase over 2015. Golder Figure B-1 is concerning because it indicates a relatively slow rate of growth in demand from 2000 to 2024, then a dramatic ramp up in demand, contrary to other sources of growth predictions. Attachment 1 illustrates a marginal deficiency in supply versus demand in 2015 with increasing deficiency in 2020 and 2025 for the same type of dry year. The City’s recently filed a Draft Water System Plan update supports this conclusion. The Plan finds that the City is at or near its mitigation capacity limits and when a drier summer occurs the flows at Hobo Springs would be at or below the required mitigation. See Executive Summary of Water System Plan, pages 3-30.
The Mount Si Springs source of supply is generally going to be very limited in flow during the critical time period. Mount Si Springs is operating more efficiently now with the new variable flow pumps; however, with the 3 cfs bypass requirement Centennial Well must provide more than twice as much as the Springs during this critical time of the driest months. Again, this is confirmed in the Draft Water System Plan update, which states during the summer months the high demand coincides with the severely limited withdrawal capacity from Mount Si Springs. See Executive Summary of Water System Plan, pages 3-30.
Further, as you know, the City’s use of Hobo Springs is only as reliable as the contract it has with the City of Seattle. It is not a guaranteed source. How Seattle manages the Masonry Pool impacts seepage and amount of water available to Hobo Springs. Seattle operates and may make improvements to Masonry for the benefit of all ratepayers even though it may have impacts on the Springs. The contract between Seattle and North Bend further specifies that Seattle may curtail delivery of water in the event of related water shortages regardless of the cause. Seattle may in its sole discretion also “interrupt or reduce deliveries” of water to North Bend for several reasons, including demands of federal and state agencies, investigations, inspections, and maintenance. In other words, Seattle is not required to make sure Hobo Springs provides full mitigation for the Permit.
I also would like to respond to your findings in your letter to Mayor McFarland. Ecology has made the decision that in issuing North Bend’s Water Right Permit
165 Council Packet June 2, 2020 Ria Berns, Program Manager Water Resources May 1, 2020 Page 4
No. G1-26617(A), it authorized Sallal’s Water Right Certificate G1-24671 as mitigation for the North Bend Permit. While it did find that the Sallal wells are a source of mitigation, I respectfully disagree that this finding did nor could it have amended Sallal’s water right to allow a new use or manner of use such as mitigation.
The purpose of use of a groundwater right may only be amended under 90.44.020, .100. An application to Ecology and review under RCW 90.03.380 as well as RCW 90.44.100 is required. I did not find any of the water rights referenced by Mr. Pors to have these same facts, where one municipal water supplier was using its water right to augment another municipal water supplier’s water right when the mitigating water right does not authorize such purpose and does not authorize the place of use. Please note, contrary to Mr. Pors’ statement, the place of use for the mitigation is not merely at Boxley Creek; rather, it is the Snoqualmie River from Boxley Creek downstream. Otherwise it would not be providing required mitigation in the Snoqualmie River.
Ecology has yet to issue a change and a superseding water right for Sallal’s Water Right Certificate No. G1-24671. Until this is done, Sallal’s use of its water right for mitigation of Water Right Permit No. G1-26617(A) is simply not authorized. This problem also cannot be dismissed based on the failure of an appeal of Ecology’s decision to issue Water Right Permit No. G1-26617(A). The fact is that there must be another action taken as described above. In addition, as your letter states, Sallal must approve a contract based on its current obligation to act in the best interest of its members.
Sincerely,
Thomas McDonald Direct Line: (360) 786-5039 Email: [email protected] Office: Olympia
TM:en
Attachments 1-4 cc: Jean Buckner, EdD, Friends of The Snoqualmie Valley Trail and River Thomas Pors, Attorney at Law Richard Jonson, Attorney at Law Robert James, Department of Health
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ATTACHMENT 1
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NORTH BEND DRY YEAR WATER SUPPLY/DEMAND ESTIMATION
PROJECTED NORTH BEND WATER DEMAND (PEAK MONTHS JULY-SEPTEMBER) VS. WATER AVAILABILITY
DEVELOPED BY THE FRIENDS OF THE SNOQUALMIE VALLEY TRAIL AND RIVER 4/4/2020
The draft report City of North Bend Water Supply and Mitigation Forecast by Golder Associates (October 2019) does not include a scenario for evaluating mitigation adequacy using only the current mitigation sources available for the City’s water supply. All scenarios discussed in the report (Table ES-1) include theoretical mitigation from Sallal Wells and/or the Cascade Golf Course, which are currently not available for use.
Without access to the database and the GoldSim model, it was not possible to determine adequacy of current available mitigation on an annual basis, if there were a dry year such as 2015. Thus the following table summarizes the analysis that was performed to determine if there would be adequate mitigation during the dry time of the year using the data from the draft Golder report. This is a snapshot in time, but demonstrates whether adequate mitigation is an issue.
The following table summarizes this analysis given North Bend’s current water and mitigation supply. All three years selected (2015, 2020 and 2025) show insufficient mitigation water available during peak demand months (July-September) given a dry weather year like 2015. The table is followed by an explanation and/or source of the data. The final column of the table shows negative values which means that for all three years there is insufficient mitigation supply for a dry year.
CITY WATER DEMAND (WSA) CITY WATER SUPPLY
1 2 3 4 5 6 7 8 9 10 Council DEMAND AVERAGE PEAK PEAK Mt SI HOBO WWTP CENTENNIAL TOTAL SUPPLY YEAR (MGY) DAILY DAY DAY SPRINGS SPRINGS MITIGATION MITIGATED MITIGATED VERSUS DEMAND DEMAND DEMAND (CFS) MITIGATION (CFS) DRAW SUPPLY DEMAND (CFS)
(MGD) (MG) (CFS) (CFS) (CFS) (CFS) Packet
2015 205 0.562 1.17 1.82 0.5 0.5 0.53 1.03 1.53 -0.29 June
2020 250 0.685 1.43 2.22 0.5 0.5 0.69 1.19 1.69 -0.53 2,
2025 440 1.21 2.53 3.92 0.5 0.5 1.37 1.87 2.37 -1.55 2020 168
KEY MGY = million gallons per year
MGD = million gallons per day
CFS = cubic feet per second
WSA = North Bend Water Supply Area as used in the Golder report
PROJECTED CITY WATER DEMAND
Column 1: Water Demand for the City of North Bend. Year 2015 from Table A-9 in draft Golder Report (October 2019). Years 2020 and 2025 estimated from Figure B-1, Scenario 5, in the draft Golder Report (October 2019).
Column 2: Average daily water demand = Column 1/365 (days in a year).
Column 3: Peak Day MG per day = Column 2 X 2.09, which is Peaking Factor from North Bend’s 2010 Water Supply Plan.
Column 4: Peak Day CFS = Column 3 X 1.55 (converting MG/day to CFS).
PROJECTED WATER SUPPLY FOR PEAK MONTHS JULY – SEPTEMBER
Column 5: 0.5 CFS from Mt. Si Springs for supply. Estimated from Figure A-2 in draft Golder Report. Graph shows Mt. Si Springs flow is low during this time of
year. During a dry year we are estimating it could go as low as 3.5 CFS, thus only 0.5 CFS available for supply with City’s new pumps (as 3 CFS required for by- Council pass). Note: it could possibly go lower.
Column 6: 0.5 CFS from Hobo Springs available for mitigation. Estimate based on minimum daily flow during September as shown in Figure A-4 in draft Golder Report. Figure is attached. Note y-axis in acre feet per day which is equal to 0.5 CFS. Packet Column 7: Wastewater Treatment Plant (WWTP) return flow credit for mitigation = 40% of projected peak day demand (Column 4). Based on review of WWTP credit during peak time of year as reported in 2009 – 2019 Golder annual mitigation system reports for City of North Bend a factor of .4 (40% of Centennial withdrawals) was determined. Again, we believe this is a conservative factor (conservative meaning that it is allowing for high end of estimated water available) June for this time of year mainly because WWTP return is based on average of previous 365 days of Centennial withdrawals. The total WWTP return flow has been factored up proportionate to the growth in demand.
Column 8: Centennial Mitigated Draw = the amount of water that can be drawn from the Centennial Well based on the amount of mitigation available, which is 2,
equal to Column 6 + Column 7 (Hobo Springs plus WWTP credit). 2020 169 Column 9: Total Mitigated Supply = Column 8 + Column 5 (Centennial Mitigated Draw plus Mt. Si Springs).
SUPPLY VS DEMAND
Column 10: Total Mitigated Supply of Water versus Peak Day Demand = Column 9 minus Column 4. Negative numbers indicate insufficient mitigation available.
CAVEAT REGARDING THE DATA USED IN ANALYSIS
Our analysis is based on the same data provided by Golder in their DRAFT October 2019 Mitigation Report as well as annual Golder Mitigation Reports and therefore inherits any limitations their base data may present. Three examples of possible data limitations follow:
• Golder states that “At the time the model was constructed, records were not sufficient to understand the seasonal limitations of Mt Si Spring source." (See Golder Report section 5.1) Being able to account for seasonal variations is important to assessing what is occurring during low- flow months. Also, this quote appears to be inconsistent with information in Figure A-2 which graphs seasonal differences. • Hobo Springs had 18 missing years of data (1982-2000) Numerous failures could have occurred in these 18 years for which there are no records. The relative importance of this data gap is unknown. • We’ve been unable to account for 160 residential units which may be missing from Golder’s demand calculations. Due to the way the data are presented, vetting these numbers is impossible.
POSTSCRIPT REGARDING JUST RELEASED 2020 NORTH BEND WSP
The 2020 North Bend Water System Plan (WSP) has been so recently released for review that no data from the document was used in this assessment. However it is worth noting that the Executive Summary states:
“The City anticipates growth of approximately 2.5 percent over the 10-year planning period and has adequate water rights, source, and storage capacity to meet the water demand projected over the next 10 years. However, the City is at or near its mitigation capacity limits. Mitigation capacity dictates how much water
can be withdrawn from the Centennial Well. Unfortunately, during the dry summer months high overall water demand coincides with a severely limited Council withdrawal capacity from Mount Si Springs. As a result, the City must depend on the Centennial Well for the majority of its water production. This often coincides with low instream flows in the Snoqualmie River which leads to increased mitigation requirements. Under present peak summer demand, if a drier summer were to occur, the flows at Hobo Springs would be at or just below those required to properly mitigate water demand. The City must therefore increase
its mitigation capacity by implementing two measures. 1. Enact water conservation policies that curb peak season water use….. 2. Obtain additional sources of Packet mitigation water…..”
The WSP entirely supports our conclusion that the City has inadequate supply at the present time to meet demands in the event of a dry year. June
2, 2020 170 Council Packet June 2, 2020
ATTACHMENT 2
171 DRAFT
October 201 9 1 3-0021 8-1 0
Table A-3: Monlhly Discharge through the Hobo Springs Weir (cubic feet per second [cfs])
1 t 1 976t 981 2001 -20052 June 2006 - Oec. lOtg All three per¡ods of record¡ Minimum Minimum Mlnimum Minimum Average Average Minimum Average Minlmum Average Minimum Dailys Average Average Average Minimum Monthly Monthly Monthly Daily Dailf Month Dailys January 3.4 0.9 (1977) 0.007 (1977) 2.9 0.5 (2003) 0.5 (2003) 4.4 3 (2012) 2.7 (2012) 0.5 (2003) 0.007 (1e77)
February 3.3 2-4 (1s7e) 2 (1s77) 2.7 0.4 (2001) 0.2 (2001) 4.4 3.3 (2013) 3.1 (2013) 0.4 (2001) 0.2 (2001)
March 3.5 2.7 (1980) 2.4 (1978, 1979, 1980) 3.7 0.3 (200r ) 0.2 (2001) 4.3 3.2 (2008) 2.8 (2008) 0.3 (2001) 0.2 (2oo1)
April 3.6 3 (1 978) 2.4 (1978',) 3.8 1.4 (200r ) 0.4 (2001) 4.6 2.7 (2008) 2.6 (2008) 1.4 (2001) 0.4 (2001)
May 5.0 4.7 (1980) 3.8 (1976,1978) 4.8 3.5 (2002) 3.5 (2002) 5.0 2.e (2012) 2.5 (2008) 2.e (2012) 2.5 (2008)
June 5.4 5 (1977) 3.8 (1978) 5.1 4.7 (20041 4 (2oo2) 5.9 4.s (2012) 3.5 (2j12) 4.7 (2004) 3.5 (2012)
July 4.9 4.1 (1978) 3.8 (1e7e) 5.4 5 (2005) 5 (2005) 5.9 4.1 (2015\ 3.4 (2015) 4.1 (1978) 3.4 (2015)
August 4.2 2.8 (1e78) 2.4 (1978) 4.8 4.2 (2003\ 4-2 (2003) 5.4 2.5 (2015) 1.2 (2015\ 2.5 (2015) 1.2 (2015)
September 3.2 I (1978) 0.5 (1978) 4.1 3.1 (2003) 3.1 (2003) 4.7 0.8 (2015) 0.3 (2015) 0.8 (2015) 0.3 (2015)
October 2.3 0.5 (1978) 0.5 (1978) 3.3 1.4 (2003) 1.4 (2003) 3.7 0.5 (2015) 0 (2015) 0.5 (1978) o (201 5)
November 1.8 0.4 (1s7e) 0.17 (1e79) 2.9 1.5 (2003) 1.5 (2003) 3.0 0 (2015) 0 (2015) 0 (2015) 0 (201 5)
December 2.1 0.02 (1s7e) 0 (1979) 3.5 1.2 (2002) 1.2 (20Ù2',) 4.3 3.3 (201 1) 1.3 (20r 5) 0.02 (re7e) 0 (1s79)
Notes:
of the data used to calculale the average and minimum values is unknown. Council Golder (2007) for the complete dataset.
measured by the transducer into the depth of wâter flow¡ng through lhe we¡r has not been perfected yet. 4. lncludes the 1976-1981, 2001-2005, and June 2006 - December 2018 daia. 5. The number in parentheses is the year in which the measurement was made. Packet June 2, 2020 172 \> GoLDER Council Packet June 2, 2020
ATTACHMENT 3
173 174
m o z o Flow (acre-feet per dav)
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N O - G ñ, @ u o i =o = oõu¡ô dl5 @9 H'q õe ML: Uõ-lõØ q<- N so O ô o ô o I z m c = z i -no z i z o +Ð ö T u, N zm O o c] ø o O 1W b t- o 0) a iùt (] Itr I m Wt Ð q +ft+ ()N oÞ ?1W ô' ç x! T 9+w CD o ã v I Hðð h o m -{a7 + o +h\r ô ô ltl ttl m t N) i Ð:!ç¡^ ! t o z n rt t o =l> f;) 4, =<(rt z firy t o =^1 o tr I o^z3i2 rlt ? oN o ! =rs o= Þ iqr e l\) = siF { rI n zøá õ z1m> z crm o I {qo c ô F åtrå m 2020 2, June Packet Council Council Packet June 2, 2020 January 6,2020 Mark Rigos Acting City Administrator City of North Bend 920 SE Cedar Falls Way Cascadia PO Box 896 Law North Bend, WA 98045 Group Ted Stonebridge ENVIRONMENTAT ATT()RIIEYS General Manager Sallal Water Association 44021SE Tanner Road, Suite E PO Box 378 North Bend, WA 98045 Re: Friends of Snoqualmie Valley Trail and River Dear Mr. Rigos and Mr. Stonebridge: The Friends of Snoqualmie Valley Trail and River (Frìends) has hired Cascadia Law Group to assist and represent it in its effort to ensure that there is a legal and properly coordinated water supply for the current growth and water demand of the City of North Bend (City) and the Sallal Water Association (Sallal). Friends is a non-profit with members residing in or near the City and Sallal. The members actively use the Snoqualmie River for fishing, boating, swimming, picnicking, hiking, dog training, and the simple enjoyment of being near a living and vibrant river. Ïhe mission of Friends is to preserve and protect the quantity and quality of the water that flows in the Snoqualmie River and the surrounding natural resources. As stated in the North Bend Comprehensive Plan, "The contamination or reduction of these resources where people reside and work, damages the very reasons that people choose to live here." Friends has organized itself around this goal. ln support of its mission, Friends has asked me to inquire into the intertie agreement that the City and Sallal are negotiating. The draft agreement, dated 1111412019, commits Sallal to provide water under Sallal's Water Right Permit No. G1-24671 (Sallal Water Right) to the City for mitigation of the City's Water Right Permit No. G1- 26617, othenryise known as the Centennial Well Permit. The water would be delivered through the proposed Boxley lntertie. The draft agreement also commits the City to provide water to Sallal through a proposed Centennial lntertie. As I understand the agreement, the water delivered by the City to Sallal will be for future growth in Sallal's retailservice area that is within the City's UGA. SEANIE OLYMPIA 1201 lhird Avenue 606 Columbia Street NW Suite 320 Suite 212 Seatlle, WA 98101 0lympia, WA 98501 Cascadia Law Group PILC (206) 292-6300 voice (360) 786-5057 voice www.cascadialaw.com (206) 292-6301 fax (360) 786-1835177 fax Mark Rigos Council Packet June 2, 2020 Ted Stonebridge January 6,2020 Page 2 Friends has serious concerns that the agreement risks the future water supply for Sallal mernbers, and it will use Sallal water to mitigate for growth in the City to the detriment of the Snoqualmie River and the Friend's members' use and enjoyment of the River. The Centennial Well Permit and the proposed intertie agreement creates unprecedented complexity regarding water supply for both the City and Sallal. Friends is concerned that this complexity would invite water management failures. First, Fiends is concerned that the Sallal water right does not authorize the use of water for mitigation. The Sallal Water Right authorizes the use of water for municipal purposes within the area served by Sallal. Municipal purposes is specifically defined in RCW 90.03.015 and does not include mitigation or instream resources. I recognize that the City's Permit No. G1-26617 appears to authorize the Sallalwells as a source of mitigation. However, Ecology's issuance of this Permit does not and cannot by reference amend the SallalWater Right. While not stated in either the Permit or the Report of Examination for the City's Permit, the law does provide that a municipal use can be used for.uses that benefit fish and wildlife or other instream resources. RCW 90.03.550. This definition does not in my opinion authorize an othen¡vise inchoate portion of a municipal water right to mitigate for impacts on a river by a totally different municipal water provider. ln this case, the use of water from Sallal will not benefit the instream resources, but rather it will be a direct benefit to the City. lt is no different than developing an intertie to move water directly into the City's municipal system for sale to the City's customers, outside of Sallal's authorized place of use. Other than the discussion in the Report of Examination, if you have any legal analysis that RCW 90.03.550 does allow Sallal to use its water right to mitigate for another municipal water right, I ask that you provide it to me. Othenryise, an application to change the water right should be filed with the Department of Ecology. Further, if the Boxley lntertie is meant to improve the reliability of the two water systems, as it appears to be under the draft agreement, the intertie statute would apply, RCW 90.03.383. Again, under this statute, an application must be filed with the Department of Ecology to change the place of use of the water right under RCW 90.03.380 and 90.44.100. Also, interties are not to be allowed to include the development of new sources of supply to meet future demand. RCW e0.03.383(2)(a). Second, the Friends know that based on review of Sallal's current water demand, Sallal's Water Right does not authorize a sufficient supply of water to meet the present and future projected demands of Sallal and also provide the mitigation water. The draft agreement provides that Sallal will commit up to 35% of its water right as mitigation for the withdrawal of water from the Centennial Well. This is equivalent to 244 acre-feet per year (afy) of the 696 afy authorized in the Sallal Water Right. The remaining 452 afy is not adequate for Sallal's current demand. Based on the records we have reviewed, Sallal's actual water demand has exceeded 452 afy every year 178 Mark Rigos Council Packet June 2, 2020 Ted Stonebridge January 6,2020 Page 3 since 2007, except in 2011 when 439 afy was consumed. lt is noteworthy that in year 2007, when the Centennial Well Permit was issued, the Sallal demand was 551 afy, leaving a shortage of 99 afy to fully mitigate. By contracting to provide water outside its retail service area, the agreement has the potential to place at risk the Sallal Water Right and jeopardize Sallal's ability to provide a safe and reliable supply of water to serve its member-owners. I recognize that the Centennial lntertie is to provide water to serve eustomers within Sallal's retail service area and the City's UGA, and that the authorized place of use of the Centennial Well Permit includes the UGA. However, the agreement does not guarantee the delivery of water through the Centennial lntertie. lf the City is unable to provide the water even for short periods of time after Sallal has become reliant on that water for its members, it would appear that Sallalwould have to have an alternate supply to meets its responsibility to serve these members within its retail service area. Again, this places into question Sallal committing any surplus water for mitigation to the City. Finally, Sallal's Water Right is junior to the instream flow rule, Ch. 173-507 WAC. This regulation provides that any further consumptive appropriation would harmfully impact instream values. While Ecology has apparently "grandfathered" the right to be regulated as senior to the instream flow, it is certainly troubling, if not unlawful, to now allow the right to be used for a purpose neither contemplated nor intended when the water right was issued that will have an additional impact on the Snoqualmie River during periods of low flow. Any change to the use of the Sallal Water Right should not have any greater impact on the Snoqualmie River. As stated above, the City cannot rely on the Centennial Well Permit to authorize the Boxley lntertie. Before the Boxley lntertie is operational, it should in my opinion be reviewed by Ecology as a change of the place of use and purpose of use to the Sallal Water Right Ecology must consider whether the use of this water to mitigate for impacts to the Snoqualmie River from the withdrawal of water from the Centennial Well will have greater impacts to the Snoqualmie River. ln considering this new use for the Sallal Water Right, Ecology should consider that by law, the Sallal Water Right is junior to instream flows regardless of the fact that the Right does not specify that it is subject to the instream flows, and at this time Ecology does not regulate the Sallal Water Right for instream flows. See RCW 90.03.345, 247,90.54.020. This review is supported in the Supreme Court decisions of Hirstl , FosteÊ, Swinomishl and Postemaa. These cases emphasize that state and local I Whatcom County v. Hirst, Futurewise, Western Washington Growth Management Hearings Board,186 Wn.2d 648, 381 P.3d 1 (2016). 2 Foster v. Dep't of Ecotogy,1B4Wn.2d 465:362 P.3d 959 (2015). 3 SwinomishtndianTribalCmtyv.Dep'tof Ecology,178Wn.2d 571:311 P.3d6(2013). a Postema v. PCHB, 142Wn.2d 68 (2000). 179 Mark Rigos Council Packet June 2, 2020 Ted Stonebridge January 6,2020 Page 4 actions under the water code and the Growth Management Acts must protect instream resources from impacts by groundwater withdrawals junior to the instream flows, and that Ecology's policies and rules cannot conflict with statutory requirements to protect these resources. Therefore, even if one accepts that Ecology has regulatory discretion not to regulate the Sallal Water Right for the benefit of the senior instream flow, it should not be extending that protection and allowing a portion of the Sallal Water Right to impact instream flows for the benefit of another junior municipal water use. The groundwater withdrawn from Sallal Wells 1 and 2 is water that would otherwise flow to and support the base flows in the Snoqualmie River above the location of the Centennial Well, and therefore is not appropriate for mitigation. On behalf of the Friends, I respectfully request that you provide me with the status of the negotiations, and any information you may have that addresses the concerns. discussed above with the use of the Sallal Water Right for mitigation. Friends is committed to insure the Sallal Water Right is protected for its members and customers and is not used in a manner that will allow for further impairment to the instream values of the Snoqualmie River. Sincerely, øwo*øTom McDonald Direct Line: (360) 786-5039 Email : [email protected] Office: Olympia TM:en cc: Jean Buckner, EdD, Friends of The Snoqualmie Valley Trail and River Ria Berns, Department of Ecology (via email) Bob James, Department of Health (via email) 180 Council Packet June 2, 2020 181 Council Packet June 2, 2020 182 Council Packet June 2, 2020 183 Council Packet June 2, 2020 184 Council Packet June 2, 2020 185 Council Packet June 2, 2020 186 Council Packet June 2, 2020 187 Council Packet June 2, 2020 188 Council Packet June 2, 2020 189 Council Packet June 2, 2020 190 CouncilSandy Packet Knauft Public June Comment 2, 2020 191 CouncilSandy Packet Knauft Public June Comment 2, 2020 192 Council Packet June 2, 2020 193 Council Packet June 2, 2020 194 Council Packet June 2, 2020 195 Council Packet June 2, 2020 196 Council Packet June 2, 2020 City Council Agenda Bill SUBJECT: Agenda Date: June 2, 2020 AB20-078 Resolution Establishing the North Department/Committee/Individual Bend COVID-19 Small Business and Mayor Rob McFarland Community Organization Rapid City Administrator – David Miller X City Attorney – Mike Kenyon Relief Program and Authorizing an City Clerk – Susie Oppedal Administration Contract for the Community & Economic Development Program Finance – Dawn Masko Cost Impact: Varies depending on grant Public Works – Mark Rigos applications and depending on amount of CARES funds received by City Fund Source: General Timeline: Immediate Attachments: Resolution. Email from Department of Commerce SUMMARY STATEMENT: Background. On March 23, 2020, Governor Inslee imposed a “Stay Home, Stay Healthy” order (“Order”) requiring all persons to stay home unless they are engaged in an essential activity resulting in the closure of all nonessential businesses. On April 2, 2020 the Governor extended this Order through May 31, 2020. Businesses have suffered significant adverse economic impacts from COVID-19 and the Order. The U.S. economy shrank by 4.8% during the first quarter of this year and unemployment in this State exceeds 15%. North Bend small businesses and community organizations play a vital role in the overall health and welfare of North Bend citizens. Citizens, employees and business owners whose primary source of income has been either significantly reduced or eliminated entirely by the effects of COVID-19 may be unable to continue to operate. On March 27, 2020, the United States Congress adopted the Coronavirus Aid, Relief, and Economic Security Act (“CARES”). The City is now projected to receive approximately $208,000 from the CARES Act and the Mayor and staff are recommending those funds be distributed to North Bend small businesses and significant community organizations. Creation of COVID-19 Small Business and Community Organization Rapid Relief Program. The purpose of this grant program is to assist small, locally owned North Bend for-profit businesses and certain community organizations by creating an emergency grant program to provide working capital grants, in amounts generally limited to up to $10,000, to qualifying small businesses and social / human services and community organizations. Limited consideration will be given to grants larger than $10,000, for non-profits and small businesses that play a significant role for the economic vitality of the City. The City will contract with the Snoqualmie Chamber of Commerce for administration of this grant program and pay the Chamber an amount not to exceed $13,000 for services associated with distribution of CARES grants consistent with the below criteria. Criteria. The following are the criteria for receiving financial support from the Program: City of North Bend, PO Box 896, North Bend, WA 98045 http://northbendwa.gov 197 Council Packet June 2, 2020 City Council Agenda Bill 1. The business must be a current North Bend business, have a business license and a physical business location in the City on or before March 1, 2020, and been in business for at least one (1) year prior to that date. Home occupation businesses operated from the owner’s primary residence may qualify if the residence is physically located in the City, although priority will be given to brick-and-mortar businesses. 2. Priority will also be given to locally-owned, non-franchised businesses that provide a type of product or service important to the local economy, culture and/or vitality of the City, and to businesses and organizations that have actively sponsored or participated in community events and services. 3. If the business is a nonprofit corporation or community organization, the nonprofit or community organization is located in the City or, if not located within North Bend, provides essential human or social services to City residents or plays a significant economic, social or cultural role in the City. 4. The business or community organization has twenty-five (25) full time equivalent employees or fewer. However, priority will be given to businesses or organizations with ten (10) full time equivalent employees or fewer. Consideration will be given to the extent of existing or potential employment loss due to COVID-19 business interruption. 5. The business is engaged in a type of business eligible to receive funding by the United States Small Business Administration. 6. Grants cannot be made to businesses owned, or partially owned, by managers, officers, directors or public officials associated with the City of North Bend. 7. The business or community organization must have experienced a significant loss of income (more than 25% per month) due to COVID-19 or the Governor’s related Stay Home orders. Businesses that have suffered financial losses, but still maintain sufficient revenue to sustain minimum operations are not eligible. Businesses that qualified as an “essential business” and remained open to the public or worked under normal operating conditions during February – May, 2020 also do not qualify. 8. Alternatively, the business or community organization must demonstrate that it will incur significant new costs for personal protective equipment or physical improvement to its business processes or business location in order to comply with social distancing or other directives or recommendations issued by a public health officer due to COVID-19. 9. If a human / social services or community organization, the organization must show that public demand for its social / human services have significantly increased due to COVID- 19 but that accompanying revenue needed to meet the demand is not available. 10. The business must be able to demonstrate with financial statements or tax returns from 2019 and Q1 2020 that the business was profitable prior to the disruption caused by COVID-19, and must be able to document the financial losses described in No. 7 above. The business must also demonstrate a high likelihood of recovery if grant funds are received. City of North Bend, PO Box 896, North Bend, WA 98045 http://northbendwa.gov 198 Council Packet June 2, 2020 City Council Agenda Bill 11. Based on the information submitted, grants may not exceed $10,000, although limited consideration will be given to grants greater than $10,000 for businesses that play a significant role for the economic vitality of the City. Grant funds will be eligible for: 1. Payment of rent or required monthly loan payments. 2. Payment of essential wages, taxes, and typical benefits to employees (e.g.,health insurance, paid vacation / sick leave) essential to maintain business, but only to the extent those wages, taxes and benefits have not been reimbursed by other federal, state or regional grants or loans. 3. Payment for personal protective equipment, sanitizer, disinfectant, or other supplies, equipment or physical changes (e.g., plexiglass barriers) necessary for the protection of public health or the health of business or organization owners or employees. 4. Typical operating costs that are included in “cost of goods sold” on a business’ or organization’s income statement (raw materials for manufacturers, component pieces for assemblers, items for resale for retailers, food for restaurants. etc.). 5. Typical operating expenses that are included in “operating expenses” on businesses’ income statement (e.g., water and sewer utilities, insurance, professional services, etc.). 6. Typical draw or wages on a weekly or monthly basis to owner, provided such draws or wages are consistent with those paid in previous quarters or years. Grant funds will be ineligible for: 1. Any expense that would not be considered an eligible business expense by IRS rules 2. Political contributions 3. Bonuses to owners or employees 4. Wages to any member of owner’s family who is not a bona fide employee 5. Charitable contributions 6. Gifts or parties 7. Draw or salary to owner exceeding the amount that owner was paid on a weekly or monthly basis for the same period in 2019. 8. Pay down or payoff of debt by more than required per month in underlying debt instrument. 9. Payroll and other employee- or business-associated costs for which the business or organization has received other federal, state or regional funds (e.g., Payroll Protection Program) are not eligible. Process 1. Business owner contacts the City or the Snoqualmie Chamber of Commerce to obtain application and confirm whether: a. Funds are still available, and b. The business has met the business license requirement, and c. If the business is a for-profit business, it is a type of business that is eligible for SBA financing; or d. If the business is a nonprofit corporation or community organization, the nonprofit or community organization provides essential human or social services to City residents, or plays a significant economic, social or cultural role in the City. 2. Complete the Economic Injury Worksheet and submit it electronically to the City’s Contractor. 3. After reviewing the Worksheet for completeness, the Snoqualmie Chamber will determine whether the business meets all minimum criteria and the application is complete. The City of North Bend, PO Box 896, North Bend, WA 98045 http://northbendwa.gov 199 Council Packet June 2, 2020 City Council Agenda Bill Chamber will then forward the application to a City committee comprised of the Mayor, City Administrator, a City Councilmember and an Economic Development Commission member to determine the amount of the grant to be funded, if any. 4. If awarded, the City will prepare a check, contact the applicant, execute any necessary documents, and provide the check to applicant. Resolution Staff is recommending that Council adopt the attached Resolution to create the COVID-19 Small Business and Community Organization Rapid Relief Program (“Program”) and authorize the Mayor to enter into a professional services agreement with the Snoqualmie Chamber of Commerce for administration of the Program in an amount not to exceed Thirteen Thousand Dollars and No/100 ($13,000.00) APPLICABLE BRAND GUIDELINES: This Resolution supports the City’s Brand Statement in the following ways: supports sustainably manager growth, consistent delivery of quality services, a commitment to invest in the City and foster community engagement and pride., and economic viability and a balanced budget. COMMITTEE REVIEW AND RECOMMENDATION: The Community & Economic Development Committee discussed this item at their May 19, 2020 meeting. RECOMMENDED ACTION: MOTION to approve AB20-078, a resolution establishing the COVID-19 Small Business and Community Organization Rapid Relief Program and authorizing the Mayor to enter into a Professional Services Agreement with the Snoqualmie Chamber of Commerce for administration of the Program, in an amount not to exceed $13,000, in form and content acceptable to the City Attorney. RECORD OF COUNCIL ACTION Meeting Date Action Vote June 2, 2020 City of North Bend, PO Box 896, North Bend, WA 98045 http://northbendwa.gov 200 Council Packet June 2, 2020 RESOLUTION A RESOLUTION OF THE CITY OF NORTH BEND, WASHINGTON, ESTABLISHING A SMALL BUSINESS AND COMMUNITY ORGANIZATION RAPID RELIEF PROGRAM IN RESPONSE TO THE NOVEL CORONAVIRUS (COVID-19) WHEREAS, on January 31, 2020, the United States Department of Public Health and Human Services Secretary Alex Azar declared a public emergency for the novel coronavirus (COVID-19) beginning on January 27, 2020; and WHEREAS, on February 29, 2020, Governor Jay Inslee signed a Proclamation declaring a State of Emergency in all counties in the State of Washington due to the number of confirmed cases of COVID-19 in the state; and WHEREAS, the United States Centers for Disease Control and Prevention identifies the potential public health threat posed by COV1D-19 as high, and has advised that person-to-person spread of COVID-19 will continue to occur and the best way to prevent a calamitous explosion of cases is to prevent infected people from coming in close contact with healthy ones; and WHEREAS, pursuant to North Bend Municipal Code Chapter 2.68 and RCW 38.52.070, the Mayor of the City of North Bend declared an emergency on March 11, 2020 in order to take such actions as may be necessary to protect the public health and safety (“Mayor’s Proclamation”); and WHEREAS, on March 23, 2020, Governor Jay Inslee imposed a “Stay Home, Stay Healthy” order requiring every nonessential business and community organization to close; and WHEREAS, on April 2, 2020 and again on May 4, Governor Inslee extended the Order, which is currently scheduled to last through May 31, 2020; and WHEREAS, as a result of COVID-19, the U.S. economy shrank by 4.8 percent from January through March; and WHEREAS, North Bend’s economy has been and will continue to be significantly impacted by loss of revenues in sales and retail taxes, business and occupation taxes, property taxes, permit fees and other general revenues from the closure of large portions of economic activity due to COVID-19; and WHEREAS, small businesses and community organizations play a vital role in the overall health and welfare of North Bend’s citizens; and Resolution 1 201 Council Packet June 2, 2020 WHEREAS, while the practice of social distancing and other aspects of the Governor’s Order are critical in mitigating the rate of spread of the COVID-19 virus, they are also having significant negative economic effects on small businesses and employees within the City of North Bend; and WHEREAS, citizens, employees and business owners whose primary source of income has been significantly diminished or eliminated entirely by the effects of the COVID-19 pandemic may be unable to continue to afford to stay home or practice social distancing, which will have a negative impact on the public’s health; and WHEREAS, the provision of adequate government services critical to the public health, safety and welfare, including without limitation police, fire, emergency medical services, public health services, potable water, sanitary sewer, and wastewater treatment services, and the provision of local employment opportunities for city, town and county residents, depend in significant part upon the strength and continued viability of local businesses and tax revenues paid by such businesses and their employees; and WHEREAS, it is therefore a fundamental purpose of local government to assist in maintaining the stability of the local economy, and to support community organizations including those that provide necessary human and social services, in order to protect the city’s and the community organizations’ ability to continue to provide essential services for the public welfare and benefit, and to allow citizens, employees and business owners to continue social distancing and other practices necessary to maintaining public health; and WHEREAS, the North Bend City Council recognizes that one of its essential functions is to secure the health and welfare of its citizens, and the City and its state and local government agency partners are working to swiftly respond to the economic impact that the COVID-19 pandemic is having on Washington state; and WHEREAS, financial resources are necessary to help small businesses and community organizations survive the COVID-19 pandemic, and certain small businesses and community organizations in North Bend reasonably require public financial assistance in order to remain viable and continue supporting the North Bends community; and WHEREAS, on March 27, 2020, the United States Congress adopted the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) which, among other things, amended Section 601(a) of the Social Security Act and established the Coronavirus Relief Fund (the “Fund”) into which Congress appropriated $150 billion to make payments for specified uses to States and certain local governments; and WHEREAS, the CARES Act funds are available to reimburse government recipients for necessary expenditures, incurred due to the COVID-19 public health emergency, that were not accounted for in the government recipient’s most-recently approved budget (as of March 27, 2020) and that were incurred during between March 1 and December 31, 2020; and WHEREAS, guidelines issued by the United States Treasury Department (“Treasury guidelines”) indicate that “necessary expenditures” include expenses of actions to facilitate compliance with Resolution 2 202 Council Packet June 2, 2020 COVID-19-related public health measures, such as (for example) expenses for food delivery to residents, including senior citizens and other vulnerable populations, to enable compliance with COVID-19 public health precautions; and WHEREAS, the Treasury Guidelines also indicate that “necessary expenditures” also include expenses associated with the provision of economic support in connection with the COVID-19 public health emergency, such as the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures, payroll support, or unemployment insurance costs related to the COVID-19 public health emergency, if such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise; and WHEREAS, the Treasury Guidelines further indicate that an expenditure or cost “is not considered to have been accounted for in a budget merely because it could be met using a budgetary stabilization fund, rainy day fund, or similar reserve account”; and WHEREAS, the State of Washington has determined to distribute a certain portion of its share of the CARES Act funds to Washington cities, including the City of North Bend; and WHEREAS, the City Council desires to establish a small business and community organization rapid relief program; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORTH BEND, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings of Fact. The City Council hereby adopts the recitals expressed above as Findings of Fact. Section 2. Small Business and Community Organization Rapid Relief Program Established. The City Council hereby establishes the North Bend Small Business and Community Organization Rapid Relief Program (“the Program”). The focus of this Program is to provide short-term economic stability via monetary grants to brick and mortar businesses and community organizations located within City limits, and to brick and mortar community human and/or social service organizations providing service to residents of the City of North Bend. Key Program goals will include the ability to make decisions and distribute awarded funds quickly; to use best efforts to direct funding to viable businesses and organizations; to minimize the amount of private financial or tax records and data coming into the City's possession; and to maximize the City’s ability to seek reimbursement for Program expenditures from CARES Act funding and/or other federal, state or regional sources. The Program will be implemented as follows: (a) the Mayor and City Administrator will establish eligibility criteria for the Program, based on and incorporating the Treasury Guidelines and any guidance forthcoming from the Washington Department of Commerce regarding eligibility for reimbursement with CARES Act funding. (b) the Mayor may enter into an agreement with the Snoqualmie Chamber of Commerce or other third party contractor as the Mayor deems appropriate, if necessary, to assist with contract administration of the Program. Resolution 3 203 Council Packet June 2, 2020 (c) The City (or contractor) will publicize the existence of the Program and solicit applications from small businesses and community organizations meeting the eligibility criteria. (d) Following evaluation of applications, a City Committee comprised of the Mayor, City Administrator, a City Councilmember and a member of the Economic and Development Committee will select grant recipients based upon the criteria. The City will then enter into contracts to provide a grant of financial assistance to applicants meeting the eligibility criteria. The contract shall require the recipient to provide such financial and other reporting determined by the City to prove eligibility for reimbursement through the CARES Act or other federal or state funding and compliance with City financial reporting and audit requirements. The Mayor or City Administrator shall have flexibility to determine the specific provisions for any contract developed under the Program, to amend the contract as deemed appropriate by the Mayor or City Administrator. Section 3. Funding. The City anticipates receiving Two Hundred and Eight Thousand Nine Hundred and Fifty Dollars and No/100 ($208,950.00) from the CARES fund and after reimbursing the City for eligible expenses incurred from COVID-19, these remaining funds shall be used to implement the Program. Section 4. Acceptance of Grants. The Mayor or City Administrator is authorized to accept grants or donations of any monies for the Program, including without limitation any grants or donations from the State of Washington, King County or other state or local governments or agencies, and to spend such monies to implement and administer the Program. Section 5. Reimbursement. The Mayor and Administration are authorized and directed to seek reimbursement to the maximum extent possible from any and all federal or state funds appropriated or otherwise made available for COVID-19-related community or business impact assistance, including without limitation from CARES Act funds distributed to local governments by the State of Washington and any subsequent federal or state grant or assistance programs. PASSED BY THE CITY COUNCIL OF THE CITY OF NORTH BEND, WASHINGTON, AT A REGULAR MEETING THEREOF, THIS 2ND DAY OF JU, 2 NE 020. CITY OF NORTH BEND: APPROVED AS TO FORM: ______Rob McFarland, Mayor Michael R. Kenyon, City Attorney ATTEST/AUTHENTICATED: Effective: Posted: ______Susie Oppedal, City Clerk Resolution 4 204 Council Packet June 2, 2020 205 Council Packet June 2, 2020 206 Council Packet June 2, 2020 City Council Agenda Bill SUBJECT: Agenda Date: June 2, 2020 AB20-079 Department/Committee/Individual Resolution Adopting a Distribution Mayor Rob McFarland City Administrator – David Miller Leakage Program City Attorney – Mike Kenyon City Clerk – Susie Oppedal Community & Economic Development – David Miller Finance – Dawn Masko Cost Impact: Unsure at this time Public Works – Mark Rigos, P.E. X Fund Source: Water Timeline: Immediate Attachments: Resolution SUMMARY STATEMENT: The City of North Bend desires to decrease leakage in its water distribution system. Water leakage amounts were recently reported for 2019 that were higher than in 2018 and 2017, indicating the leakage trend has worsened. The solution includes replacement of old water meters and old watermains both past their useful lives with new water meters and new piping with a much longer lifespan. The City intends to begin this process in 2020. Details of the program will be forthcoming soon. APPLICABLE BRAND GUIDELINES: Consistent delivery of quality basic services COMMITTEE REVIEW AND RECOMMENDATION: The Transportation & Public Works Committee has not had a chance to review this Agenda Bill. RECOMMENDED ACTION: MOTION to approve AB20-079, a resolution adopting a distribution system leakage program. RECORD OF COUNCIL ACTION Meeting Date Action Vote June 2, 2020 City of North Bend, PO Box 896, North Bend, WA 98045 http://northbendwa.gov 207 Council Packet June 2, 2020 208 Council Packet June 2, 2020 RESOLUTION A RESOLUTION OF THE CITY OF NORTH BEND, WASHINGTON, ADOPTING A DISTRIBUTION SYSTEM LEAKAGE PROGRAM, DIRECTING STAFF TO PROCEED WITH WATER METER REPLACEMENT; AND EXPEDITE WATER LINE CAPITAL PROJECTS ALL TO REDUCE DISTRIBUTION SYSTEM LEAKAGE IN THE CITY’S WATER SYSTEM WHEREAS, the City of North Bend’s water system has experienced an increase in water leakage during the past several years; and WHEREAS, the City believes a large percentage of these leaks are occurring from old water meters that have exceeded their typical lifespans and old asbestos concrete watermains that have exceeded their typical lifespans; and WHEREAS, the City has a goal to decrease leakage from 25% to 10% within 6 years; and WHEREAS, the City Council has formed the North Bend Water Utility (Utility) for the purposes of delivering safe and reliable drinking water to North Bend Utility ratepayers; and WHEREAS, water is a finite natural resource as the amount of water which existed when the Earth was formed is vastly the same amount of water which exists today; and WHEREAS, the City Council wishes to promote public health, safety and welfare by ensuring the protection of water as a limited natural resource and by increasing water use efficiency; and WHEREAS, by significantly reducing the distribution system leakage (DSL) of the Utility, the City Council will be ensuring water exists for current and future Utility customers; and WHEREAS, DSL includes both real losses from leaking or broken valves and distribution lines and apparent losses from faulty or old meters failing to accurately record water consumption data; and WHEREAS, in 2018 and 2019, the City conducted leak detection studies in order to locate real water losses in its water distribution system and repair the same; and Resolution 1 209 Council Packet June 2, 2020 WHEREAS, Washington State Administrative Code sets a goal of ten percent (10%) or less of DSL for a water utility (WAC 246-290-820(1)(b)(i)); and WHEREAS, the Utility has various water rights and the Centennial Well water right requires the City to mitigate low flows in the Snoqualmie River during certain times and this mitigation results in significant expenses to the Utility and adversely impacts rates to Utility customers; and WHEREAS, implementing an aggressive DSL program may result in ultimate savings on Utility bills by reducing water loss; and WHEREAS, leaky water systems are costly and inefficient because revenue is lost through such leaks including water treatment costs, energy costs for pumping water and water that could have been sold to customers is lost; and WHEREAS, the Washington State Legislature passed Chapter 90 RCW to respond to the increasing demand on the state’s limited water resources (“Municipal Water Law”); and WHEREAS, the Municipal Water Law requires all water purveyors including the North Bend Utility to use water more efficiently in order to meet future demand; and WHEREAS, the Municipal Water Law requires the North Bend Utility to meet a distribution leakage standard (DLS) based upon a 3 year rolling average in order to minimize water loss from the Utility’s distribution system; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORTH BEND, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. DSL Program and Goal. The City Council hereby creates a Direct Service Leakage Program (Program) for its water utility in order to reduce the water utility water leakage from in excess of twenty-five percent (25%) to ten percent (10%) or less. This Program shall be included in the City’s Water Loss Control Action Plan consistent with Chapter 246-290 WAC. Section 2. Water Meter Replacement. The City Council directs staff to expeditiously move forward with replacing all water meters which have exceeded its standard useful life. This work shall occur over the next two (2) to three (3) year period commencing on the effective date of this Resolution. The City Council approves the expenditure of up to Six Hundred Thousand Dollars and No/100 ($600,000.00) from the Utility budget fund for such purposes. Council directs staff to use best efforts to complete the majority of this work over the next two (2) year period. Council directs staff to return with any proposed contracts for such meter work for Council’s approval. Council directs the City Administrator and Finance Director to include this project in the 2021-2022 Biennial Budget as a top Council priority for new initiatives. Resolution 2 210 Council Packet June 2, 2020 Section 3. Water Capital Projects. The City Council directs city staff to expeditiously move forward with the engineering, design and request for bids in order to repair and/or replace leaking water valves and distribution lines and replace asbestos watermains with ductile iron pipes during a ten (10) year period. Council directs the City Administrator and the Finance Director to include the highest priority water capital project(s) in the 2021-2022 Biennial Budget as a top Council priority for new initiatives. Section 4. Water Manager. The City intends to create a Water Manager position to manage the above tasks, administer the pending Water Conservation Ordinance, and manage other pending water capital projects including the design and construction of a 4th reservoir, and several mitigation capital projects. The City Council will evaluate this new full time equivalent position in connection with the 2021-2022 Biennial Budget review. PASSED BY THE CITY COUNCIL OF THE CITY OF NORTH BEND, WASHINGTON, AT A REGULAR MEETING THEREOF, THIS 2ND DAY OF JUNE, 2020. CITY OF NORTH BEND: APPROVED AS TO FORM: ______Rob McFarland, Mayor Michael R. Kenyon, City Attorney ATTEST/AUTHENTICATED: Effective: Posted: ______Susie Oppedal, City Clerk Resolution 3 211 Council Packet June 2, 2020 212 Council Packet June 2, 2020 City Council Agenda Bill SUBJECT: Agenda Date: June 2, 2020 AB20-080 Department/Committee/Individual Motion Authorizing Contract with Mayor Rob McFarland Sova Consulting for Appraisal City Administrator – David Miller City Attorney – Mike Kenyon Services Relating to the City Clerk – Susie Oppedal Meadowbrook Sewer ULID Community & Economic Development – David Miller Finance – Dawn Masko Cost Impact: $35,000 Public Works – Mark Rigos X Fund Source: Sewer Timeline: Immediate Attachments: Area Map SUMMARY STATEMENT: Property owners within the Meadowbrook community, in the northwest quadrant of the City of North Bend, have petitioned the City to form a sewer Utility Local Improvement District (ULID) for the Meadowbrook area. A ULID is basically a financing tool to assist owners of properties in need of sewer or water services to finance these capital improvements through the formation of special assessment districts. Special assessment districts permit improvements to be financed and paid for over a period of time through assessments on the benefiting properties. Utility revenues are pledged to repaying the ULID debt (“Revenue Bonds”) in addition to the assessment on the benefiting properties. ULIDs can be initiated either by adoption of a Council Resolution or by submission of petitions from interested property owners. In this instance, the owners of more than 50% of land by area within the proposed ULID have submitted petitions to the City seeking to form a ULID, which satisfies the statutory threshold. As part of that ULID, appraisal services will be required in order to justify the proportionate shares (costs) each property will be assessed upon completion of the ULID. Sova Consulting has provided many valuations on multi-parcel projects throughout the region. References for Sova have been checked and approved. Sova will be performing an appraisal to determine the “special benefit” accruing to each parcel as a result of the availability of sewer, as opposed to a typical appraisal to determine the fair market value of a parcel. State law requires that the assessment per parcel under the ULID must not exceed the special benefit conferred by the sewer improvement to that parcel. The special benefit is the difference between the fair market value of the property before and after the sewer improvement project. In addition, the assessments must be proportionate to one another. A corollary to these principles is that property not specially benefited by the improvements may not be assessed as part of the ULID. The total special benefit must exceed the project cost for the ULID to proceed. Six (6) appraisal firms were contacted including ABS Valuation, CIC Valuation, FH&H, Universal Field Services, and Abeyta & Associates. Sova’s cost under contract would be $35,000 and will initially be funded through the Sanitary Sewer budget. If the ULID is formed, the statute permits this “preformation” cost to be included within the ULID assessments distributed over the parcels involved. The valuation process is estimated to take approximately 45 days in order to appraise approximately 50 parcels. At this time, the unofficial calculations show: 1. Without several City Owned Parcels: • Petitioners (137 acres) + No Protesters (21 acres) = 158 acres City of North Bend, PO Box 896, North Bend, WA 98045 http://northbendwa.gov 213 Council Packet June 2, 2020 City Council Agenda Bill • Non Petitioners = 130 acres • Without City owed parcels, the ULID petition in favor of sewer is (158 / 288) = 55%. 2. Including several City Owned Parcels (Tollgate Park Restrooms and Tollgate Historic House): • 158 acres + several City owned (57 acres) = 215 acres • Non Petitioners = 130 acres • Including several City owed parcels, the ULID petition in favor of sewer is (215 / 345) = 62%. The appraisal of the parcels is required to help determine the proportionate share that will be assessed to each property within the Meadowbrook area. Petitions have been submitted from more than 50% of the property owners (based on area) in order to move forward with the ULID. A preliminary engineering study was performed by Gray and Osborne Consulting Engineers (Jan. 2019) in which they provided 3 options for design. A combination low-pressure /gravity system is the recommended preliminary design with very rough estimated costs around $9,000,000. G&O has been chosen to move forward with the design, but the City and G&O have not yet agreed upon work scope and fee at this time. Approving this appraisal work does not result in Council approving the ULID. State law requires Council adopt a Resolution establishing a date for a public hearing on the formation of the proposed ULID. Following the hearing, state law requires that Council adopt an ordinance forming the ULID and approving the proposed sewer improvements. There is also a hearing on the assessment roll and following this hearing, Council must confirm the assessment roll by Ordinance. Under North Bend Municipal Code (NBMC) 2.20.030, the City Council may designate a hearing examiner to conduct the public hearing for the final assessment roll. During North Bend’s evaluation of prior ULID #6 for the sewer extension to Truck Town, the City Council did designate a hearing examiner to conduct this public hearing on the assessment roll. Due to the fact that Council has expressed concern about the financial impact to the City from the formation of this ULID because several City park and open space parcels will be included within the assessment roll, staff is recommending the City proceed with this appraisal also in order to determine the financial impacts to the City. APPLICABLE BRAND GUIDELINES: Consistent delivery of quality basic professional services. COMMITTEE REVIEW AND RECOMMENDATION: This item was reviewed by the Transportation and Public Works Committee at their May 26, 2020 meeting and was recommended for approval. RECOMMENDED ACTION: MOTION to approve AB20-080, authorizing a contract with Sova Consulting for Meadowbrook Sewer ULID appraisal services, pursuant to RCW 35.44.010, in a form and content acceptable to the City Attorney, in an amount not to exceed $35,000. RECORD OF COUNCIL ACTION Meeting Date Action Vote June 2, 2020 City of North Bend, PO Box 896, North Bend, WA 98045 http://northbendwa.gov 214 Council Packet June 2, 2020 215