Whatcom County

Council Special Committee of the Whole

COUNTY COURTHOUSE

311 Grand Avenue, Ste #105

Bellingham, WA 98225-4038

(360) 778-5010

Committee Minutes - Draft Minutes

Tuesday, April 7, 2026

9 AM

Hybrid Meeting - Council Chambers

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COUNCILMEMBERS

Elizabeth Boyle

Barry Buchanan

Ben Elenbaas

Kaylee Galloway

Jessica Rienstra

Jon Scanlon

Mark Stremler

CLERK OF THE COUNCIL

Cathy Halka, AICP, CMC

Call To Order

Roll Call

Council Chair Kaylee Galloway called the meeting to order at 9:01 a.m. in a

hybrid meeting.

7 -

Present:

Elizabeth Boyle, Barry Buchanan, Ben Elenbaas, Kaylee Galloway, Jessica

Rienstra, Jon Scanlon, and Mark Stremler

Announcements

Public Comment

AB2026-271

Public comments on the draft Whatcom County Comprehensive Plan Chapter 10

(Environment), Chapter 12 (Climate), Appendices, and Foothills Subarea Plan

Amendments

The following people spoke:

Tamera Lienhart

Laura Hanna

Ryan Bowman

Bill Geyer

Darcy Jones

Hearing no one else, Scanlon closed the public comment session.

This agenda item was RECEIVED.

Committee Discussion

AB2026-217

Discussion and preliminary Council direction on Whatcom County Comprehensive

Plan Chapter 5, Utilities

Galloway stated that Comprehensive Plan Chapter 5 Utilities is on the

agenda because of its reference to adjudication in the background paragraph.

Gary Stoyka, Public Works, stated that Public Works does not have any

comments on the chapter.

Rienstra moved to request staff prepare Chapter 5 - Preliminary Council

Draft dated 4.7.2026 as amended for inclusion in a future agenda bill file

for Council introduction and public hearing.

Scanlon seconded the motion.

The motion carried by the following vote:

Aye: 7 - Boyle, Buchanan, Galloway, Rienstra, Scanlon, Elenbaas, and

Stremler

Nay: 0

This agenda item was DISCUSSED AND MOTION(S) APPROVED.

MOTION 1:

Motion approved to request staff prepare Chapter 5 – Preliminary Council Draft dated 4.7.2026 as amended for

inclusion in a future agenda bill file for Council introduction and public hearing.

AB2026-231

Discussion and preliminary Council direction on Whatcom County Comprehensive

Plan Chapter 7, Economic Development

Galloway introduced discussion on Comprehensive Plan Chapter 7

Economic Development and remaining proposed amendments related to

adjudication.

Gary Stoyka, Public Works, stated that there are questions about including

discussion of water adjudication in the Comprehensive Plan given that it is a

legal process. He stated that the administration is in favor of finding

solutions to the water problem but does not want to be prescriptive because

there is an active court case.

Elenbaas moved to approve Policy 7A-15 (in the Preliminary Council

Draft for 4.7.2026).

Stremler seconded the motion.

Councilmembers discussed proposals for Policy 7A-15.

Scanlon moved to amend Policy 7A-15 along the lines of the text that

Councilmember Galloway proposed so that it reads as follows:

Long term prosperity in Whatcom County depends on reliable

access to water and fiscally responsible management of local

resources. While adjudication may ultimately clarify legal rights,

experience from other basins demonstrates that multi decade

litigation can create uncertainty and imposes significant costs on

water users and County government. The County should support a

process and outcome that achieves water certainty faster, protects

the economy, and relieves unnecessary strain on the County’s justice

system and taxpayers.

Boyle seconded the motion.

The motion to amend carried by the following vote:

Aye: 7 - Boyle, Buchanan, Galloway, Rienstra, Scanlon, Elenbaas, and

Stremler

Nay: 0

The motion to approve as amended carried by the following vote:

Aye: 7 - Boyle, Buchanan, Galloway, Rienstra, Scanlon, Elenbaas, and

Stremler

Nay: 0

Galloway turned discussion to Policy 7A-16.

Elenbaas suggested adding "including but not limited to" after "major water

use sectors" in Galloway's Policy 7A-16.

Scanlon suggested amending Galloway's Policy 7A-16 so that it reads: “...

mitigation, conservation measures, and long-term water solutions that

sustain the county's economic base while protecting ecological resources.”

Scanlon moved to approve Galloway's Policy 7A-16 (for inclusion in the

Preliminary Council Draft) as presented so that it reads as follows:

Whatcom County supports adjudication or other negotiated

or mediated water rights quantification and settlement

process among all major water use sectors including but not

limited to agricultural, municipal, industrial, tribal, and

environmental. The County should provide leadership,

facilitation, and technical support to help all parties reach

consensus on allocation, mitigation, conservation measures,

and long-term water solutions that sustain the county’s

economic base while protecting ecological resources.

Boyle seconded the motion.

The motion carried by the following vote:

Aye: 7 - Boyle, Buchanan, Galloway, Rienstra, Scanlon, Elenbaas, and

Stremler

Nay: 0

Elenbaas moved to approve Galloway's version of Policy 7A-17 (for

inclusion in the Preliminary Council Draft).

Boyle seconded the motion.

Councilmembers discussed the motion.

The motion carried by the following vote:

Aye: 7 - Boyle, Buchanan, Galloway, Rienstra, Scanlon, Elenbaas, and

Stremler

Nay: 0

Galloway turned discussion to Policy 7A-18.

Elenbaas moved to include Elenbaas’ Policy 7A-18.

Boyle seconded the motion.

Scanlon moved to amend Policy 7A-18 so that it reads as follows:

Recognizing that the State initiated the adjudication but does not

fully fund its implementation, the County shall advocate for state

reimbursement of adjudication-related costs including courtroom

expansion, judicial staffing, administrative expenses, a negotiated or

mediated water rights quantification and settlement process, and

other ongoing expenditures.

Elenbaas seconded the motion.

The motion to amend carried by the following vote:

Aye: 7 - Boyle, Buchanan, Galloway, Rienstra, Scanlon, Elenbaas, and

Stremler

Nay: 0

The motion to approve as amended carried by the following vote:

Aye: 7 - Boyle, Buchanan, Galloway, Rienstra, Scanlon, Elenbaas, and

Stremler

Nay: 0

Elenbaas moved to approve Galloway's version of Policy 7A-19 (for

inclusion in the Preliminary Council Draft).

Boyle seconded the motion.

Elenbaas moved to amend Galloway's Policy 7A-19 as follows:

Adjudication or other negotiated or mediated water rights

quantification and settlement should be used as a vehicle to invest in

local economic infrastructure including but not limited to water

storage, conveyance efficiency, and mitigation banking that benefits

multiple sectors and offsets the costs of adjudication. The County

shall seek state and federal partnership funding to implement such

projects as part of any basin-wide agreement.

Stremler seconded the motion.

Scanlon suggested replacing "economic infrastructure" with "water

infrastructure" in Galloway's version of Policy 7A-19.

Elenbaas accepted the suggestion as a friendly amendment.

Galloway suggested keeping economic infrastructure but changing “water

storage” to "water infrastructure."

Elenbaas accepted the suggestion as a friendly amendment.

The motion to amend carried by the following vote:

Aye: 7 - Boyle, Buchanan, Galloway, Rienstra, Scanlon, Elenbaas, and

Stremler

Nay: 0

The motion to approve as amended carried by the following vote:

Aye: 7 - Boyle, Buchanan, Galloway, Rienstra, Scanlon, Elenbaas, and

Stremler

Nay: 0

Elenbaas moved to approve Elenbaas' Policy 7A-20.

Stremler seconded the motion.

Scanlon moved to amend Elenbaas' Policy 7A-20 by deleting "of both

agriculture and housing" and replacing it with "of all users."

Elenbaas seconded the motion.

Scanlon amended his motion to delete "that negotiated or mediated" after

"ensure" in the first sentence so that Policy 7A-20 reads as follows:

Ensure that negotiated or mediated settlement frameworks explicitly

address the water needs of all users acknowledging that stable water

supply supports job creation, food security, and housing

affordability. The County’s facilitative efforts should aim to

preserve the viability of existing farms while ensuring sufficient

water resources for urban and rural housing consistent with

Comprehensive Plan goals.

The motion to amend carried by the following vote:

Aye: 7 - Boyle, Buchanan, Galloway, Rienstra, Scanlon, Elenbaas, and

Stremler

Nay: 0

Galloway moved to add "adjudication or other" after the word "ensure" in the

first sentence.

Scanlon seconded the motion.

Kimberly Thulin, Prosecuting Attorney's Office, suggested changing the

word “ensure,” as neither Council nor Whatcom County can ensure that

anything happens between the State and the Department of Ecology.

Galloway amended her motion to change the word “ensure” to

“encourage.”

Councilmembers continued to discuss the motion.

Galloway clarified that the motion on the table is to amend Policy 7A-20 as

follows:

Encourage that adjudication or other negotiated or mediated

settlement frameworks explicitly address the water needs of all

users acknowledging that stable water supply supports job creation,

food security, and housing affordability. The County’s facilitative

efforts should aim to preserve the viability of existing farms while

ensuring sufficient water resources for urban and rural housing

consistent with Comprehensive Plan goals.

The motion to amend carried by the following vote:

Aye: 5 - Boyle, Buchanan, Galloway, Rienstra, and Scanlon

Nay: 2 - Elenbaas and Stremler

The motion to approve as amended carried by the following vote:

Aye: 5 - Boyle, Buchanan, Galloway, Rienstra, and Scanlon

Nay: 2 - Elenbaas and Stremler

Thulin asked the Chair to review the motion to amend and approve Policy

7A-20.

Scanlon moved that Council agrees that the vote on 7A-20 was according to

Council's wishes.

Rienstra seconded the motion.

The motion carried by the following vote:

Aye: 7 - Boyle, Buchanan, Galloway, Rienstra, Scanlon, Elenbaas, and

Stremler

Nay: 0

Rienstra moved to request staff prepare Chapter 7 - Preliminary Council

Draft as amended on April 7, 2026 for inclusion in a future agenda bill file

for Council introduction and public hearing.

Scanlon seconded the motion.

The motion carried by the following vote:

Aye: 5 - Boyle, Buchanan, Galloway, Rienstra, and Scanlon

Nay: 2 - Elenbaas and Stremler

This agenda item was DISCUSSED AND MOTION(S) APPROVED.

MOTION 1:

Motion approved to amend Policy 7A-15 (in the Preliminary Council Draft for 4.7.2026) along the lines of the text

that Councilmember Galloway proposed so that it reads as follows:

Long term prosperity in Whatcom County depends on reliable access to water and fiscally responsible management of

local resources. While adjudication may ultimately clarify legal rights, experience from other basins demonstrates that

multi decade litigation can create uncertainty and imposes significant costs on water users and County government.

The County should support a process and outcome that achieves water certainty faster, protects the economy, and

relieves unnecessary strain on the County’s justice system and taxpayers.

MOTION 2:

Motion approved to approve Policy 7A-15 as amended.

MOTION 3:

Motion approved to approve Galloway’s Policy 7A-16 (for inclusion in the Preliminary Council Draft) as presented

so that it reads as follows:

Whatcom County supports adjudication or other negotiated or mediated water rights quantification and settlement

process among all major water use sectors including but not limited to agricultural, municipal, industrial, tribal, and

environmental. The County should provide leadership, facilitation, and technical support to help all parties reach

consensus on allocation, mitigation, conservation measures, and long-term water solutions that sustain the county’s

economic base while protecting ecological resources.

MOTION 4:

Motion approved to approve Galloway’s Policy 7A-17 (for inclusion in the Preliminary Council Draft).

MOTION 5:

Motion approved to amend Elenbaas’ Policy 7A-18 (in the Preliminary Council Draft for 4.7.2026) so that it reads as

follows:

Recognizing that the State initiated the adjudication but does not fully fund its implementation, the County shall

advocate for state reimbursement of adjudication-related costs including courtroom expansion, judicial staffing,

administrative expenses, a negotiated or mediated water rights quantification and settlement process, and other

ongoing expenditures.

MOTION 6:

Motion approved to approve Elenbaas’ Policy 7A-18 (in the Preliminary Council Draft for 4.7.2026) as amended.

MOTION 7:

Motion approved to amend Galloway’s Policy 7A-19 as follows:

Adjudication or other negotiated or mediated water rights quantification and settlement should be used as a vehicle to

invest in local economic infrastructure including but not limited to water infrastructure, conveyance efficiency, and

mitigation banking that benefits multiple sectors and offsets the costs of adjudication. The County shall seek state and

federal partnership funding to implement such projects as part of any basin-wide agreement.

MOTION 8:

Motion approved to approve Galloway’s Policy 7A-19 (for inclusion in the Preliminary Council Draft) as amended.

MOTION 9:

Motion approved to amend Elenbaas’ Policy 7A-20 (in the Preliminary Council Draft for 4.7.2026) as follows:

Ensure that negotiated or mediated settlement frameworks explicitly address the water needs of all users

acknowledging that stable water supply supports job creation, food security, and housing affordability. The County’s

facilitative efforts should aim to preserve the viability of existing farms while ensuring sufficient water resources for

urban and rural housing consistent with Comprehensive Plan goals.

MOTION 10:

Motion approved to amend Elenbaas’ Policy 7A-20 (in the Preliminary Council Draft for 4.7.2026) as follows:

Encourage that adjudication or other negotiated or mediated settlement frameworks explicitly address the water needs

of all users acknowledging that stable water supply supports job creation, food security, and housing affordability. The

County’s facilitative efforts should aim to preserve the viability of existing farms while ensuring sufficient water

resources for urban and rural housing consistent with Comprehensive Plan goals.

MOTION 11:

Motion approved to approve Elenbaas’ Policy 7A-20 as amended.

MOTION 12:

Motion approved that Council agrees that the vote on Policy 7A-20 was according to Council's wishes.

MOTION 13:

Motion approved to request staff prepare Chapter 7 - Preliminary Council Draft as amended on April 7, 2026 for

inclusion in a future agenda bill file for Council introduction and public hearing.

AB2026-250

Discussion and preliminary Council direction on Whatcom County Comprehensive

Plan Chapter 8, Resource Lands

Galloway introduced discussion of Comprehensive Plan Chapter 8

Resource Lands and remaining adjudication-related amendments. She stated

that Council will be working off of the Chapter 8 Preliminary Council Draft

for 4.7.2026.

Scanlon asked if there was clarification around 8A-3(3)(a) regarding the

capitalization of unique and prime farmland.

Lucas Clark, Planning and Development Services (PDS), stated that the

terms do not need to be capitalized.

Galloway turned discussion to 8A-3(4)(d).

Scanlon asked about the impacts of including 8A-3(4)(d).

Clark stated that PDS still has questions about whether the policy refers to

paper water or wet water.

Mark Personius, PDS, stated that the last ag census showed there are about

25,000 acres of ag land in the county that are not irrigated and rely on

rainfall. He said the policy could have unintended impacts on those 25,000

acres of ag land.

Scanlon moved to approve Item 15 (from the Proposed Chart of Council

Changes for 4.7.2026) Policy 8A-3 as presented and delete 8A-3(4)(d).

Boyle seconded the motion.

Councilmembers discussed the intent of the amendment.

Kimberly Thulin, Prosecuting Attorney’s Office, suggested adding the

current date in case of any future changes to the WAC.

Personius suggested adding "as amended" after the reference to the WAC in

the summary for Policy 8A-3.

Scanlon amended his motion to add "as amended" after WAC 365.190 at

the end of the first sentence of Item 15.

Boyle suggested adding "as amended" to all other references to RCW and

WAC.

Thulin stated that the "as amended" in the first paragraph applies throughout.

The motion to approve as amended carried by the following vote:

Aye: 7 - Boyle, Buchanan, Galloway, Rienstra, Scanlon, Elenbaas, and

Stremler

Nay: 0

Elenbaas spoke about conservation easements and conservation programs'

impact on farmland. He suggested including language in Chapter 8 about

these impacts.

Scanlon moved to approve Item 34 (from the Chart of Proposed Council

Changes for 4.7.2026).

Boyle seconded the motion.

Boyle moved to amend Item 34 so that the next to last sentence reads as

follows:

Whatcom County will seek reimbursement from the State of

Washington on all adjudication related expenses including

courtroom expansion, judicial staffing, administrative expenses, a

negotiated or mediated water rights quantification and settlement

process, and other ongoing expenditures.

Scanlon seconded the motion.

Councilmembers discussed the motion to amend.

The motion to amend carried by the following vote:

Aye: 7 - Boyle, Buchanan, Galloway, Rienstra, Scanlon, Elenbaas, and

Stremler

Nay: 0

The motion to approve as amended carried by the following vote:

Aye: 7 - Boyle, Buchanan, Galloway, Rienstra, Scanlon, Elenbaas, and

Stremler

Nay: 0

Scanlon moved to include Item 35 (from the Chart of Proposed Council

Changes for 4.7.2026).

Rienstra seconded the motion.

Councilmembers discussed the motion.

The motion carried by the following vote:

Aye: 7 - Boyle, Buchanan, Galloway, Rienstra, Scanlon, Elenbaas, and

Stremler

Nay: 0

Galloway asked a question about Policy 8F-3’s reference to further

discussion of adjudication in Chapter 10.

Personius stated that he does not believe the reference to Chapter 10 is

needed in Policy 8F-3.

Galloway moved to strike reference to Chapter 10 in Policy 8F-3.

Scanlon seconded the motion.

Galloway suggested including a chart with cross references in the

Comprehensive Plan’s Appendices.

The motion carried by the following vote:

Aye: 7 - Boyle, Buchanan, Galloway, Rienstra, Scanlon, Elenbaas, and

Stremler

Nay: 0

Scanlon moved to approve Item 68 (from the Chart of Proposed Council

Changes for 4.7.2026) and substitute the language from PDS for item 7 as

follows:

Consider the likelihood of impacts on health and habitat from

potentially harmful minerals such as Naturally Occurring Asbestos,

Radon, and Mercury when designating MRLs.

Elenbaas seconded the motion.

Clark stated that PDS recommends inclusion of the language on screen.

Rienstra asked for clarification about the language.

Clark stated that PDS felt the previous language was too restrictive. He said

that the Swift Creek site is different from hard rock mining where naturally

occurring asbestos (NOA) occurs deeper.

Scanlon asked if PDS would coordinate with the health department on these

matters.

Clark stated that they would coordinate with the health department if it were

a new permit application.

Personius stated that the language would be applied to any potential

expansions to mineral resource lands (MRLs) or new MRLs.

Rienstra asked about the impacts of the less prescriptive language in

practice.

Personius stated that the first step would be to look at a geologic

assessment of underground resources to determine the likelihood of

significant amounts of NOA. If there was a likelihood of significant

amounts of NOA, they would coordinate with the health department. He said

that mitigation measures could be applied through the permitting process,

but the Comprehensive Plan simply states that the lands are important for

mineral extraction and must be protected under the Growth Management

Act (GMA).

The motion carried by the following vote:

Aye: 7 - Boyle, Buchanan, Galloway, Rienstra, Scanlon, Elenbaas, and

Stremler

Nay: 0

Galloway stated that adjudication-related amendments are complete, so

Council can turn to new amendments.

Scanlon moved to approve Item 89 (from the Chart of Proposed Council

Changes for 4.7.2026).

Boyle seconded the motion.

The motion carried by the following vote:

Aye: 7 - Boyle, Buchanan, Galloway, Rienstra, Scanlon, Elenbaas, and

Stremler

Nay: 0

Scanlon moved to approve Item 90 (from the Chart of Proposed Council

Changes for 4.7.2026).

Boyle seconded the motion.

Scanlon amended his motion to add "nearby" before "farm workers and

their families" in the final sentence of Item 90.

The motion to approve as amended carried by the following vote:

Aye: 7 - Boyle, Buchanan, Galloway, Rienstra, Scanlon, Elenbaas, and

Stremler

Nay: 0

Scanlon moved to include Item 91 (from the Chart of Proposed Council

Changes for 4.7.2026).

Boyle seconded the motion.

Scanlon stated that Items 91 and 92 use similar language, but 91 uses the

term “land designated as agricultural resource lands” while 92 uses the term

“agricultural natural resource lands.” He asked whether there is a difference

between the terms.

Clark stated there is no difference between the two terms and they are both

supposed to say "agricultural resource lands of long-term commercial

significance."

Personius stated that PDS has a concern with Item 91 (Policy 8A-15). He

said that when ag lands are de-designated and converted to UGA, there must

be a finding that they no longer meet the criteria. He stated that he

recommends having further discussion on April 28 related to potential UGA

expansions and ag land.

Councilmembers continued to discuss Policy 8A-15 with Director

Personius.

Scanlon moved to hold Item 91 (from the Chart of Proposed Council

Changes for 4.7.2026) until April 28 (to be discussed during Committee of

the Whole).

Personius suggested holding Item 92 as well.

Scanlon amended his motion to hold Items 91 and 92 until April 28.

Elenbaas seconded the motion.

The motion to hold carried by the following vote:

Aye: 5 - Boyle, Buchanan, Galloway, Rienstra, and Scanlon

Nay: 0

Out of meeting: 2 - Stremler and Elenbaas

Scanlon moved to approve Item 93 (from the Chart of Proposed Council

Changes for 4.7.2026).

Boyle seconded the motion.

The motion carried by the following vote:

Aye: 5 - Boyle, Buchanan, Galloway, Rienstra, and Scanlon

Nay: 0

Out of meeting: 2 - Stremler and Elenbaas

Personius stated that PDS has a concern about the use of "only agricultural

uses" in Item 93, as there are essential public facilities that are not

agricultural uses. He said the amendment could be inconsistent with current

code.

Scanlon moved to reconsider the previous vote (Item 93).

Boyle seconded the motion.

The motion to reconsider carried by the following vote:

Aye: 6 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, and Scanlon

Nay: 0

Out of meeting: 1 - Stremler

Elenbaas moved to approve Item 93 (from the Chart of Proposed Council

Changes for 4.7.2026).

Scanlon seconded the motion.

Rienstra moved to amend Item 93 as follows:

Reduce land use conflicts between Whatcom County’s agriculture

and non-agricultural landowners, ensuring that agricultural and

supportive land uses are prioritized on agricultural lands of

long-term commercial significance.

Elenbaas seconded the motion to amend.

The motion to amend carried by the following vote:

Aye: 6 - Boyle, Buchanan, Galloway, Rienstra, Scanlon, and Elenbaas

Nay: 0

Out of meeting: 1 - Stremler

The motion to approve as amended carried by the following vote:

Aye: 6 - Boyle, Buchanan, Galloway, Rienstra, Scanlon, and Elenbaas

Nay: 0

Out of meeting: 1 - Stremler

Personius stated that PDS has concerns about Items 94-98.

Thulin stated that she also has concerns with Items 94-98.

Scanlon moved to hold Items 94 through 98 (from the Chart of Proposed

Council Changes for 4.7.2026) until April 28 (to be discussed in

Committee of the Whole).

Boyle seconded the motion.

Rienstra asked for clarification of Item 97’s phrasing prior to April 28.

The motion to hold Items 94-98 carried by the following vote:

Aye: 5 - Boyle, Buchanan, Galloway, Rienstra, and Scanlon

Nay: 1 - Elenbaas

Out of meeting: 1 - Stremler

Elenbaas moved to hold Chapter 8 open until April 28 (to be discussed in

Committee of the Whole).

Boyle seconded the motion.

The motion to hold Chapter 8 open carried by the following vote:

Aye: 6 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, and Scanlon

Nay: 0

Out of meeting: 1 - Stremler

This agenda item was DISCUSSED AND MOTION(S) APPROVED.

MOTION 1:

Motion approved to include Item 15 (from the Proposed Chart of Council Changes for 4.7.2026), Policy 8A-3 as

presented with the addition of "as amended" after WAC 365.190 at the end of the first sentence of Item 15 the

deletion of 8A-3(4)(d).

MOTION 2:

Motion approved to amend Item 34 (from the Chart of Proposed Council Changes for 4.7.2026) so that the next to

last sentence reads as follows:

Whatcom County will seek reimbursement from the State of Washington on all adjudication related expenses including

courtroom expansion, judicial staffing, administrative expenses, a negotiated or mediated water rights quantification

and settlement process, and other ongoing expenditures.

MOTION 3:

Motion approved to include Item 34 (from the Chart of Proposed Council Changes for 4.7.2026) as amended.

MOTION 4:

Motion approved to include Item 35 (from the Chart of Proposed Council Changes for 4.7.2026).

MOTION 5:

Motion approved to strike reference to Chapter 10 in Policy 8F-3.

MOTION 6:

Motion approved to include Item 68 (from the Chart of Proposed Council Changes for 4.7.2026) and substitute the

language from PDS for item 7 as follows:

Consider the likelihood of impacts on health and habitat from potentially harmful minerals such as Naturally Occurring

Asbestos, Radon, and Mercury when designating MRLs.

MOTION 7:

Motion approved to include Item 89 (from the Chart of Proposed Council Changes for 4.7.2026).

MOTION 8:

Motion approved to include Item 90 (from the Chart of Proposed Council Changes for 4.7.2026) with the addition of

"nearby" before "farm workers and their families" in the final sentence so that it reads as follows:

Support the development of safe, affordable on-farm and near-farm housing for farmworkers and their families, and

improve access to transportation and healthcare for both farmers and farmworkers in rural areas. Cities should plan

for and remove barriers to more multifamily housing affordable to nearby farm workers and their families.

MOTION 9:

Motion approved to hold Items 91 and 92 (from the Chart of Proposed Council Changes for 4.7.2026) until April 28

(to be discussed during Committee of the Whole).

MOTION 10:

Motion approved to include Item 93 (from the Chart of Proposed Council Changes for 4.7.2026).

MOTION 11:

Motion approved to reconsider the previous vote (to approve Item 93).

MOTION 12:

Motion approved to amend Item 93 as follows:

Reduce land use conflicts between Whatcom County’s agriculture and non-agricultural landowners, ensuring that

agricultural and supportive land uses are prioritized on agricultural lands of long-term commercial significance.

MOTION 13:

Motion approved to include Item 93 (from the Chart of Proposed Council Changes for 4.7.2026) as amended.

MOTION 14:

Motion approved to hold Items 94 through 98 (from the Chart of Proposed Council Changes for 4.7.2026) until April

28 (to be discussed in Committee of the Whole).

MOTION 15:

Motion approved to hold Chapter 8 open until April 28 (to be discussed in Committee of the Whole).

AB2026-251

Discussion and preliminary Council direction on Whatcom County Comprehensive

Plan Chapter 9, Parks and Recreation

Galloway introduced discussion of Comprehensive Plan Chapter 9 Parks

and Recreation.

Rienstra moved to begin review of Chapter 9 using the Preliminary Council

Draft dated 4.7.2026, which is the current version of the chapter with

Planning Commission recommendations from January 2026 and additional

edits proposed by councilmembers as listed in the Chart of Proposed

Council Changes for 4.7.2026.

Scanlon seconded the motion.

Councilmembers asked to consider the following items separately: 2 and 5.

Galloway stated they would also need to revisit Policy 9E-5.

The motion carried by the following vote:

Aye: 7 - Boyle, Buchanan, Galloway, Rienstra, Scanlon, Elenbaas, and

Stremler

Nay: 0

Galloway turned discussion to Item 2, which refers to proposed new Policy

9A-13.

Boyle suggested adding the following language to the end of Item 2: Work

in partnership with tribes to identify where recreation can co-exist that

could support cultural education, stewardship, and shared understanding.

Scanlon moved to include Item 2 (from the Chart of Proposed Council

Changes for 4.7.2026) as presented so that the final sentence reads as

follows: Work in partnership with tribes to identify where recreation can

co-exist that could support cultural education, stewardship, and shared

understanding.

Boyle seconded the motion.

The motion carried by the following vote:

Aye: 7 - Boyle, Buchanan, Galloway, Rienstra, Scanlon, Elenbaas, and

Stremler

Nay: 0

Galloway turned discussion to Item 5 regarding Policy 9C-23 and the

recommendation to strike reference to Point Whitehorn Road because it is

a vacated road.

Rienstra moved to include Item 5 (from the Chart of Proposed Council

Changes for 4.7.2026) as amended so that it strikes reference to Point

Whitehorn.

Boyle seconded the motion.

The motion carried by the following vote:

Aye: 7 - Boyle, Buchanan, Galloway, Rienstra, Scanlon, Elenbaas, and

Stremler

Nay: 0

Galloway asked whether there are any items the Parks and Recreation

Department would like to discuss.

Bennett Knox, Parks and Recreation, stated there were not.

Galloway turned discussion to Policy 9E-5.

Elenbaas moved to delete Policy 9E-5.

Stremler seconded the motion.

Councilmembers discussed the motion.

The motion failed by the following vote:

Aye: 2 - Elenbaas and Stremler

Nay: 5 - Boyle, Buchanan, Galloway, Rienstra, and Scanlon

Galloway moved to amend Policy 9E-5 to strike the word "ensure" and

replace it with "manage."

Scanlon seconded the motion.

Councilmembers discussed the motion.

Tamera Lienhart, BP, stated that the property owner has no intention of

removing public access on the property. She said she does not have

concerns with the proposed language "encourage the management of."

Councilmembers continued to discuss the motion.

Elenbaas suggested replacing "manage" with "encourage the management

of."

Galloway accepted the suggestion as a friendly amendment so that Policy

9E-5 reads as follows:

Recognizing the long historical use for shoreline recreation and boat

launching, and the historical and cultural significance to the Lummi

Nation of the area at the end of Gulf Road at Cherry Point, the

County should work with Lummi Nation, DNR, and the industrial

land owners in that area to encourage the management of ongoing

recreational use of the shoreline in that area while permanently

protecting the cultural and ecosystem significance of both the

shoreline and the associated near upland areas.

The motion to amend carried by the following vote:

Aye: 7 - Boyle, Buchanan, Galloway, Rienstra, Scanlon, Elenbaas, and

Stremler

Nay: 0

Scanlon asked a question about the Comprehensive Parks, Recreation &

Open Space Plan (CPROs).

Knox provided information about the Parks and Recreation Department’s

approach to the current Comprehensive Plan update and the upcoming

CPROs Plan.

Scanlon asked if it would be beneficial for people who want to consider

additional trails to engage in the CPROs process.

Knox stated that the CPROs process would include outreach to the trail

community.

Scanlon spoke about trail corridors and the possibility of partnering with

other agencies or non-profits to invest in trail building. He asked about

changes to updated Map 9-2.

Knox stated that the Planning Commission asked staff to identify

"constructed" trails and segments that were constructed since the last

update. He said that staff reached out to other jurisdictions to make sure

they were okay with the county presenting trails as completed, and the

updated map reflects those conversations.

Boyle moved to request staff prepare Chapter 9 - Preliminary Council Draft

April 7, 2026 as amended for inclusion in a future agenda bill file for

Council introduction and public hearing.

Scanlon seconded the motion.

Elenbaas stated that if land back policies are being considered, he would

like to see that incorporated into the Parks and Recreation chapter.

Galloway stated that land back references are included in Chapter 2 and

Chapter 3 goals.

Councilmembers discussed the motion.

Boyle withdrew her motion.

Scanlon moved to add a new Policy 9A-14 to read as follows:

In partnership with Tribes, consider land back and/or co-management

opportunities on county-owned or managed lands.

Boyle seconded the motion.

Councilmembers discussed the motion.

The motion carried by the following vote:

Aye: 5 - Boyle, Buchanan, Galloway, Rienstra, and Scanlon

Nay: 2 - Elenbaas and Stremler

Boyle moved to request staff prepare Chapter 9 - Preliminary Council Draft

dated 4.7.2026 as amended for inclusion in a future agenda bill file for

Council introduction and public hearing.

Scanlon seconded the motion.

The motion carried by the following vote:

Aye: 5 - Boyle, Buchanan, Galloway, Rienstra, and Scanlon

Nay: 2 - Elenbaas and Stremler

This agenda item was DISCUSSED AND MOTION(S) APPROVED.

MOTION 1:

Motion approved to begin review of Chapter 9 using the Preliminary Council Draft dated 4.7.2026, which is the

current version of the chapter with Planning Commission recommendations from January 2026 and additional edits

proposed by councilmembers as listed in the Chart of Proposed Council Changes for 4.7.2026.

MOTION 2:

Motion approved to include Item 2 (from the Chart of Proposed Council Changes for 4.7.2026) as presented with

the addition of the following new final sentence: Work in partnership with tribes to identify where recreation can

co-exist that could support cultural education, stewardship, and shared understanding.

MOTION 3:

Motion approved to include Item 5 (from the Chart of Proposed Council Changes for 4.7.2026) as amended so that

it strikes reference to Point Whitehorn.

MOTION 4:

Motion approved to amend Policy 9E-5 to strike the word “ensure” and replace it with “encourage the management

of” so that the policy reads as follows:

Recognizing the long historical use for shoreline recreation and boat launching, and the historical and cultural

significance to the Lummi Nation of the area at the end of Gulf Road at Cherry Point, the County should work with

Lummi Nation, DNR, and the industrial land owners in that area to encourage the management of ongoing recreational

use of the shoreline in that area while permanently protecting the cultural and ecosystem significance of both the

shoreline and the associated near upland areas.

MOTION 5:

Motion approved to add a new Policy 9A-14 to read as follows:

In partnership with Tribes, consider land back and/or co-management opportunities on county-owned or managed

lands.

MOTION 6:

Motion approved to request staff prepare Chapter 9 - Preliminary Council Draft dated 4.7.2026 as amended for

inclusion in a future agenda bill file for Council introduction and public hearing.

AB2026-261

Discussion and preliminary Council direction on Whatcom County Comprehensive

Plan Chapter 10, Environment

Galloway introduced discussion of Comprehensive Plan Chapter 10

Environment.

Rienstra moved to begin review of Chapter 10 using the Preliminary

Council Draft dated 4.7.2026, which is the current version of the chapter

with Planning Commission recommendations from January 2026 and

additional edits proposed by councilmembers as listed in the Chart of

Proposed Council Changes for 4.7.2026.

Boyle seconded the motion.

Scanlon asked if staff have any concerns regarding the chapter.

Mark Personius, Planning and Development Services (PDS), stated that

there are concerns from PDS and Public Works staff on several items. He

stated that staff requested additional time to review the proposed

amendments, and said they would like to initially flag items 25, 32, 36, 37,

38, 40 41, 42, 50, 56, 57, 59, 60, 65, 66, 67, 69, 70, and 71.

Elenbaas stated he would also like to consider Item 26 separately.

The motion carried by the following vote:

Aye: 5 - Boyle, Buchanan, Galloway, Rienstra, and Scanlon

Nay: 2 - Elenbaas and Stremler

Galloway turned discussion to Item 25, which would add a new Policy

10E-16.

Elenbaas asked if there is a definition in Whatcom County Code regarding

forested and wildfire hazard areas.

Galloway stated she believes the proposed language came from the Planning

Unit.

Personius stated that the Department of Natural Resources (DNR) has been

charged with developing a wildfire hazard map and standards, which will be

adopted into the state building code and the international fire code.

However, DNR is not anticipated to complete the map until mid-2027.

Personius stated that Council could add "consider adopting" to the start of

the policy to reflect the fact that the map is not yet complete.

Scanlon moved to include Item 25 (from the Chart of Proposed Council

Changes for 4.7.2026) as amended so that it states:

Consider adopting National Fire Protection Association wildfire

safety construction standards for new construction in forested and

wildfire hazard areas to reduce risk to current and future

development and loss of life and property.

Boyle seconded the motion.

Councilmembers discussed the motion.

Scanlon asked if it would be best to hold the rest of the chapter for

additional PDS and Public Works review.

Personius stated that items regarding stormwater inspections and marine

resource and water quality monitoring may need more time.

The motion carried by the following vote:

Aye: 5 - Boyle, Buchanan, Galloway, Rienstra, Scanlon

Nay: 2 - Elenbaas and Stremler

Scanlon moved to include Item 26 (from the Chart of Proposed Council

Changes for 4.7.2026).

Boyle seconded the motion.

Elenbaas asked if the county funds the Firewise program.

Kayla Schott-Bresler, Executive's Office, stated that Whatcom County

funds a portion of the program.

Councilmembers discussed the motion.

The motion carried by the following vote:

Aye: 6 - Boyle, Buchanan, Galloway, Rienstra, Scanlon, and Stremler

Nay: 1 - Elenbaas

Scanlon moved to hold remaining items (Items 32, 36, 37, 38, 40 41, 42,

50, 56, 57, 59, 60, 65, 66, 67, 69, 70, and 71 in the Chart of Proposed

Council Changes for 4.7.2026) until April 28.

Boyle seconded the motion.

Councilmembers discussed the motion.

Kiana Oos, Council Staff, stated that Chapter 10 is scheduled for further

discussion on April 14. She asked whether Council would like to move that

discussion to April 28 or keep it on April 14.

Scanlon amended his motion to hold until April 14 or April 28.

Councilmembers continued to discuss the motion.

The motion to hold carried by the following vote:

Aye: 5 - Boyle, Buchanan, Rienstra, Scanlon, and Stremler

Nay: 2 - Elenbaas and Galloway

This agenda item was DISCUSSED AND MOTION(S) APPROVED.

MOTION 1:

Motion approved to begin review of Chapter 10 using the Preliminary Council Draft dated 4.7.2026, which is the

current version of the chapter with Planning Commission recommendations from January 2026 and additional edits

proposed by councilmembers as listed in the Chart of Proposed Council Changes for 4.7.2026.

MOTION 2:

Motion approved to include Item 25 (from the Chart of Proposed Council Changes for 4.7.2026) as amended so that

it states:

Consider adopting National Fire Protection Association wildfire safety construction standards for new construction in

forested and wildfire hazard areas to reduce risk to current and future development and loss of life and property.

MOTION 3:

Motion approved to include Item 26 (from the Chart of Proposed Council Changes for 4.7.2026).

MOTION 4:

Motion approved to hold remaining (Chapter 10) items (Items 32, 36, 37, 38, 40 41, 42, 50, 56, 57, 59, 60, 65, 66,

67, 69, 70, and 71 in the Chart of Proposed Council Changes for 4.7.2026) until April 14 or April 28.

AB2026-262

Discussion and preliminary Council direction on Whatcom County Comprehensive

Plan Chapter 12, Climate

Galloway introduced discussion of Comprehensive Plan Chapter 12

Climate.

Rienstra moved to begin review of Chapter 12 using the Preliminary

Council Draft dated 4.7.2026, which is the current version of the chapter

with Planning Commission recommendations from January 2026 and

additional edits proposed by councilmembers as listed in the Chart of

Proposed Council Changes for 4.7.2026.

Scanlon seconded the motion.

Councilmembers asked to consider the following items separately: 5, 18,

and 29.

Scanlon asked if staff would like to consider any items separately.

Lauren Clemens, Public Works, stated that Public Works' proposed

amendments are included in the Chart of Proposed Council Changes.

The motion failed by the following vote:

Aye: 3 - Boyle, Galloway, Rienstra

Nay: 3 - Elenbaas, Scanlon, and Stremler

Out of Meeting: 1 - Buchanan

Elenbaas stated he would like to review items 12, 19, 20, 22.

Scanlon stated he would like to review item 10.

Galloway moved to begin review of Chapter 12 Climate using the

Preliminary Council Draft dated 4.7.2026, which is the Planning

Commission version from January 2026 and additional edits proposed by

councilmembers as listed in the Chart of Proposed Council Changes for

4.7.2026 with separate consideration of items 5, 10, 12, 18, 19, 20, 22, and

29.

Scanlon seconded the motion.

The motion carried by the following vote:

Aye: 5 - Boyle, Buchanan, Galloway, Rienstra, Scanlon

Nay: 2 - Elenbaas and Stremler

Galloway turned discussion to Item 5.

Scanlon moved to include Item 5 (from the Chart of Proposed Council

Changes for 4.7.2026).

Boyle seconded the motion.

Elenbaas stated that he believes the 2050 statewide net zero greenhouse gas

emissions target will change. He stated that the electrical infrastructure is

not equipped to facilitate policy mandates regarding electric vehicles,

utilities, etc., and they should be proposing policy goals that help solve

these problems.

Stremler asked how many battery electric vehicles (BEVs) are currently in

Whatcom County.

Clemens stated that the county is required to have a greenhouse gas

emission sub-element and the Department of Commerce recommended that

the county set emissions and VMT per capita targets. The bullet points in

Item 5 reference existing statewide projections. Clemens stated that there

are only 5,382 battery electric vehicles and 1,729 hybrid vehicles in the

county, partly because the federal rebate was removed seven years early.

Stremler asked about the impact on the local power infrastructure of setting

a target of 45,174 BEVs.

Clemens stated that the state's EV Coordinating Council forecast revised

their estimate for Whatcom County, reducing the forecast by 14%. The

intent is to provide flexibility and not commit to a particular outcome;

rather, the bullet points provide a basis for tracking data.

Elenbaas asked if it would be possible to make it clear that the goals are

stated for compliance tracking purposes. He suggested removing the bullet

points.

Clemens provided background on the purpose of Item 5. She stated that they

submitted a notice of intent to the state saying they would submit the

chapter for Department of Commerce review. The Department of

Commerce recommended that the final climate element include an

emissions target and a VMT target. The four bullet points provide

specificity regarding anticipated outcomes in the next five years based on

state law.

Councilmembers continued to discuss Item 5 with Lauren Clemens.

Rienstra moved to amend Item 5 (from the Chart of Proposed Council

Changes for 4.7.2026) to add "to monitor progress towards the" after

"performance indicators" so that it reads as follows:

Consistent with the 2050 statewide net zero greenhouse gas

emissions target set by the Washington State Legislature in RCW

70A.45.020 and adopted in Whatcom County Countywide Planning

Policy T3, Whatcom County sets the following interim performance

indicators to monitor progress towards the 2030 Climate Element

implementation progress report:

Galloway seconded the motion.

The motion to amend carried by the following vote:

Aye: 6 - Boyle, Buchanan, Galloway, Rienstra, Scanlon, and Elenbaas

Nay: 1 - Stremler

Scanlon stated that the funding model for EV infrastructure has changed, as

businesses and developers have shown interest in making those investments.

He asked if the intent of Item 5 is to plan for the infrastructure for the

45,000 vehicles, or to put factors in place for the private sector to do that

work.

Clemens stated that there are several different service delivery models. She

stated that the intent is to determine what changes might be needed in the

future.

Scanlon moved to amend Item 5 (from the Chart of Proposed Council

Changes for 4.7.2026) to add ", in partnership with the private sector and

developers and subject to consumer demand and economic conditions" so

that the third bullet point reads as follows:

By 2030, target 45,174 registered battery electric vehicles (BEVs)

and plug-in hybrid electric passenger vehicles (PHEVs) registered in

Whatcom County, consistent with the Washington State Electric

Vehicle Coordinating Council forecast, in partnership with the

private sector and developers and subject to consumer demand and

economic conditions.

Boyle seconded the motion.

Councilmembers discussed the motion.

The motion to amend carried by the following vote:

Aye: 7 - Boyle, Buchanan, Galloway, Rienstra, Scanlon, Elenbaas, and

Stremler

Nay: 0

The motion to approve Item 5 as amended carried by the following vote:

Aye: 5 - Boyle, Buchanan, Galloway, Rienstra, and Scanlon

Nay: 2 - Elenbaas and Stremler

Scanlon moved to include Item 10 (from the Chart of Proposed Council

Changes for 4.7.2026).

Boyle seconded the motion.

The motion carried by the following vote:

Aye: 7 - Boyle, Buchanan, Galloway, Rienstra, Scanlon, Elenbaas, and

Stremler

Nay: 0

Galloway turned discussion to Item 12 regarding Policy 12.7.4.

Clemens provided background information regarding a comment letter from

Cascade Natural Gas which clarified the county's role in coordinating with

existing utility-run programs.

Scanlon moved to include Item 12 (from the Chart of Proposed Council

Changes for 4.7.2026).

Boyle seconded the motion.

The motion carried by the following vote:

Aye: 7 - Boyle, Buchanan, Galloway, Rienstra, Scanlon, Elenbaas, and

Stremler

Nay: 0

Scanlon moved to include Item 18 (from the Chart of Proposed Council

Changes for 4.7.2026).

Rienstra seconded the motion.

Councilmembers discussed the motion.

Clemens stated that Council might consider moving this item to Chapter 10

under goal 10L for salmon recovery with other related policies.

Galloway moved to amend Item 18 as follows:

Work with the State, Tribes, and other stakeholders to evaluate a

voluntary, incentive-driven framework and strategy for achieving

restoration and enhancement of salmon and other aquatic species

habitat.

Scanlon suggested including "public and private projects" at the end of Item

18.

Galloway accepted the suggestion as a friendly amendment so that Item 18

reads as follows:

Work with the State, Tribes, and other stakeholders to evaluate a

voluntary, incentive-driven framework and strategy for achieving

restoration and enhancement of salmon and other aquatic species

habitat for public and private projects.

Councilmembers discussed the proposed amendment.

Galloway explained her intent in including Item 18 in Chapter 12.

Clemens stated that there are a couple of places where the item might be

well-suited, such as the ecosystem section of the resilience sub-element.

Another option would be to move it to Chapter 10.

Galloway stated she likes the idea of including Item 18 under the ecosystem

section under resilience.

Galloway moved to amend Policy 12.11.7 (Item 18 from the Chart of

Proposed Council Changes for 4.7.2026) to retitle it as a new Policy

12.16.9 that reads as follows:

Work with the State, Tribes, and other stakeholders to evaluate a

voluntary, incentive-driven framework and strategy for achieving

restoration and enhancement of salmon and other aquatic species

habitat for public and private projects.

Boyle seconded the motion.

Scanlon asked where the item could be placed in Chapter 10.

Clemens suggested 10L around fish and wildlife population habitat.

Scanlon stated he likes the idea of moving the language to Chapter 10.

Galloway stated that habitat restoration does relate to mitigating climate

impact and natural hazards, but she is open to including the language in both

chapters.

The motion to amend carried by the following vote:

Aye: 4 - Boyle, Buchanan, Galloway, and Rienstra

Nay: 3 - Stremler, Elenbaas, and Scanlon

Scanlon moved to approve Item 19.

Rienstra seconded the motion.

Councilmembers discussed the motion.

Scanlon withdrew his motion.

Kimberly Thulin, Prosecuting Attorney's Office, stated that Council needs

to return to Item 18 because there was a motion on the table to include Item

18.

The motion to include Item 18 as amended carried by the following vote:

Aye: 4 - Boyle, Buchanan, Galloway, and Rienstra

Nay: 3 - Elenbaas, Scanlon, and Stremler

Scanlon moved to include Item 20 (from the Chart of Proposed Council

Changes for 4.7.2026).

Rienstra seconded the motion.

The motion carried by the following vote:

Aye: 7 - Boyle, Buchanan, Galloway, Rienstra, Scanlon, Elenbaas, and

Stremler

Nay: 0

Scanlon moved to include Item 22 (from the Chart of Proposed Council

Changes for 4.7.2026).

Rienstra seconded the motion.

Elenbaas asked if the language coincides with Cascade Natural Gas' letter.

Clemens stated that it is a new policy in response to the Cascade Natural

Gas letter specific to adapting their infrastructure to be more adaptive.

Scanlon moved to amend Item 22 (from the Chart of Proposed Council

Changes for 4.7.2026) to add "and franchisees" after "utility providers" so

that the policy reads as follows:

Coordinate with utility providers and franchisees to identify safe,

feasible adaptation measures (e.g. elevated piping, reinforced casing,

floodproofing) in floodplains, consistent with state pipeline safety

standards.

Elenbaas seconded the motion.

Elenbaas asked who grants the authority for a utility to cross the river.

Clemens stated that would be a question for Planning and Development

Services (PDS).

Mark Personius, PDS, stated that they are working with Trans Mountain to

grant an emergency exemption to do repairs to the existing pipeline.

The motion to amend carried by the following vote:

Aye: 7 - Boyle, Buchanan, Galloway, Rienstra, Scanlon, Elenbaas, and

Stremler

Nay: 0

The motion to include as amended carried by the following vote:

Aye: 7 - Boyle, Buchanan, Galloway, Rienstra, Scanlon, Elenbaas, and

Stremler

Nay: 0

Scanlon moved to approve Item 29 (from the Chart of Proposed Council

Changes for 4.7.2026).

Rienstra seconded the motion.

Councilmembers discussed the motion.

Scanlon stated that the county has agreements in place with Lummi Nation

that the ferry can be used if Lummi Nation needs to evacuate parts of

Gooseberry Point.

Stremler asked if Public Works tracks ferry outages.

Elizabeth Kosa, Public Works, stated that the department tracks ferry

outages and tide events.

Galloway asked if there is a plan in place for various extreme weather

events.

Kosa stated that they do annual planning based on the tide charts and

planning for extreme weather events on a more ad hoc basis.

Scanlon withdrew his motion.

Galloway clarified that no action means the item will not be included. She

stated that additional amendments are due Friday, April 10 by noon for

Chapters 10, 12, and the appendices.

This agenda item was DISCUSSED AND MOTION(S) APPROVED.

MOTION 1:

Motion approved to begin review of Chapter 12 Climate using the Preliminary Council Draft dated 4.7.2026, which is

the Planning Commission version from January 2026 and additional edits proposed by councilmembers as listed in the

Chart of Proposed Council Changes for 4.7.2026 with separate consideration of items 5, 10, 12, 18, 19, 20, 22, and

29.

MOTION 2:

Motion approved to amend Item 5 (from the Chart of Proposed Council Changes for 4.7.2026) to add "to monitor

progress towards the" after "performance indicators” so that the first paragraph reads as follows:

Consistent with the 2050 statewide net zero greenhouse gas emissions target set by the Washington State Legislature

in RCW 70A.45.020 and adopted in Whatcom County Countywide Planning Policy T3, Whatcom County sets the

following interim performance indicators to monitor progress towards the 2030 Climate Element implementation

progress report:

MOTION 3:

Motion approved to amend Item 5 (from the Chart of Proposed Council Changes for 4.7.2026) to add ", in

partnership with the private sector and developers and subject to consumer demand and economic conditions" so that

the third bullet point reads as follows:

By 2030, target 45,174 registered battery electric vehicles (BEVs) and plug-in hybrid electric passenger vehicles

(PHEVs) registered in Whatcom County, consistent with the Washington State Electric Vehicle Coordinating Council

forecast, in partnership with the private sector and developers and subject to consumer demand and economic

conditions.

MOTION 4:

Motion approved to include Item 5 (from the Chart of Proposed Council Changes for 4.7.2026) as amended.

MOTION 5:

Motion approved to include Item 10 (from the Chart of Proposed Council Changes for 4.7.2026).

MOTION 6:

Motion approved to include Item 12 (from the Chart of Proposed Council Changes for 4.7.2026).

MOTION 7:

Motion approved to amend Policy 12.11.7 (Item 18 from the Chart of Proposed Council Changes for 4.7.2026) and

re-title it as a new Policy 12.16.9 that reads as follows:

Work with the State, Tribes, and other stakeholders to evaluate a voluntary, incentive-driven framework and strategy

for achieving restoration and enhancement of salmon and other aquatic species habitat for public and private projects.

MOTION 8:

Motion approved to include Item 18 (from the Chart of Proposed Council Changes for 4.7.2026) as amended.

MOTION 9:

Motion approved to include Item 20 (from the Chart of Proposed Council Changes for 4.7.2026).

MOTION 10:

Motion approved to amend Item 22 (from the Chart of Proposed Council Changes for 4.7.2026) to add "and

franchisees" after "utility providers" so that the policy reads as follows:

Coordinate with utility providers and franchisees to identify safe, feasible adaptation measures (e.g. elevated piping,

reinforced casing, floodproofing) in floodplains, consistent with state pipeline safety standards.

MOTION 11:

Motion approved to include Item 22 (from the Chart of Proposed Council Changes for 4.7.2026) as amended.

AB2026-263

Discussion and preliminary Council direction on Whatcom County Comprehensive

Plan Appendices (Appendix A: Glossary, Appendix B: Acronyms, Appendix D:

Bibliography, Appendix E: 20-Year Capital Facilities Plan, Appendix G: Airport

Overlay Zones, Appendix H: Airport Imaginary Surfaces, Appendix I: Housing

Needs Analysis, Appendix J: Subsidized Housing Needs and Funding) and Foothills

Subarea Plan Amendments

Galloway stated that there was not enough time to discuss AB2026-263, so

it would be referred to Council’s Committee of the Whole meeting on

April 14.

This agenda item was DISCUSSED.

AB2026-249

Discussion regarding schedule for Council review of the comprehensive plan update

Galloway stated that there is no meeting scheduled on April 21. At the April

28 Committee of the Whole meeting, Council will discuss Chapter 2 and

urban growth areas (UGAs), as well as Chapters 8 and 10. A Special

Committee of the Whole meeting is also planned for May 5, which will include

a discussion of the Comprehensive Plan Preface. Remaining items will be

discussed on May 12 during Committee of the Whole, including review of

the draft ordinance and related zoning ordinances, depending on Planning

Commission review. She stated that the goal is to introduce the

Comprehensive Plan ordinance on May 26 with final action and a public

hearing on June 9.

Scanlon stated that on May 5, Council will conduct an analysis for the

health department's budget to help inform the overall county budget.

Council will also complete part two of their own strategic planning work.

This agenda item was DISCUSSED.

AB2026-276

Discussion of an ordinance submitting to the qualified voters of Whatcom County a

proposition authorizing a sales and use tax of one-tenth of one percent (0.1%) for

criminal justice purposes, as authorized by RCW 82.14.345

Scanlon stated that all options for the potential criminal justice sales tax

will be discussed during the Finance and Administrative Services

Committee meeting on April 14 with a public hearing scheduled at the 6

p.m. Council meeting.

This agenda item was DISCUSSED.

Items Added by Revision

There were no agenda items added by revision.

Other Business