City Council - Committee Of The Whole

City of Bellingham Committee of the Whole Minutes July 12, 2021, 9:00 AM Mayor Seth Fleetwood Contact: (360) 778-8200, ccmail@cob.org Council Members Hannah Stone, Gene Knutson, Daniel Hammill, www.cob.org/council Pinky Vargas, Lisa Anderson, Michael Lilliquist and All meetings are held in the City Hall Council Chambers at Hollie Huthman 210 Lottie Street, Bellingham, WA, unless otherwise noted. Call to Order Roll Call Present: Council President Hannah Stone, First Ward Council Member Gene Knutson, Second Ward Council Member Daniel Hammill, Third Ward Council Member Pinky Vargas, Fourth Ward Council Member Lisa Anderson, Fifth Ward Council Member Michael Lilliquist, Sixth Ward Council Member Hollie Huthman, At-Large Council Standing Committee Meetings: Open to the public to attend. Note: there is generally no public comment period for Committee sessions. Standing Committee Members receive reports and information, ask questions and, when appropriate, vote on a recommended action for consideration by the full Council at the Regular Meeting. The notice of Committee Meetings identified below also serves as notice of Special Meetings of the City Council at the times identified as Council Members who are not members of the committee routinely attend and participate in the Committee Meetings. Committee Chairs give a report of the Committee Meeting at the Regular Meeting in the evening prior to deliberation and formal vote in the order shown below: Committee of the Whole Hannah Stone, Chair Gene Knutson, Daniel Hammill, Pinky Vargas, Lisa Anderson, Michael Lilliquist, Hollie Huthman Please be advised that if the City Council is ahead of schedule, they may start with old/new business before the official Committee of the Whole meeting time. 23038 1. Discussion on Conducting In-Person Meetings p. 4 Administration is recommending that the City Council and various boards and commissions supported by the City begin to hold in-person meetings based on Committee of the Whole Minutes Page 1 July 12, 2021  their business needs. For City Council this could mean a return to in-person meetings at its July 26, 2021, meeting. Council Members raised issues of concern about the safety procedures to hold in-person meetings. They inquired about a hybrid model that could be used to provide in-person meetings but also give a remote option that would integrate with the Council Chambers. Marty Mulholland, I.T. Director, explained challenges and complications with the hybrid model. Dan Hammill / Gene Knutson moved to resume in-person meetings by July 26, 2021. MOTION FAILED, Lisa Anderson, Hollie Huthman, Michael Lilliquist, Hannah Stone opposed. Council directed staff to look into a hybrid model for meetings and budget options for holding meetings. Lisa Anderson / Michael Lilliquist moved to direct staff to explore choices of potential masking options and legality of the public to attend in-person meetings in Council Chambers. MOTION CARRIED 5-2, Hannah Stone, Gene Knutson opposed. Pinky Vargas / Dan Hammill directed staff to revisit the reopening topic at the August 30th meeting. MOTION CARRIED unanimously. 23039 2. Bid Award for West Cemetery Creek Water Quality Improvements p. 7 Project EN-0053, Bid 5B-2021 Eric Johnston, Public Works Director, provided an explaination on the West Cemetery Creek Water Quality Improvements. The project components include catch basins, piping, structures, and outfall facilities. The work also includes site restoration and installation of large wood structures. Gene Knutson / Daniel Hammill moved to recommend approval of the bid award. MOTION CARRIED 7-0. 23040 3. 2021 First Quarter Financial Review p. 12 Andy Asbjornsen, Finance Director, gave an update on the 2021 first quarter financial review. Information only. 23041 4. An Ordinance Amending the 2021-2022 Biennial Budget Increasing p. 30 Expenditures and Adding Two Positions for Utility Billing Committee of the Whole Minutes Page 2 July 12, 2021  Forrest Longman, Deputy Finance Director, explained that due to the change from a bimonthly billing cycle to a monthy one, two additional billing staff are required. The shift starts in 2022. The ordinance brought forth for consideration increases expenditures and adds two positions for utility billing. Gene Knutson / Daniel Hammill moved to recommend approval. MOTION CARRIED 7-0. 23042 5. Consideration of Lodging Tax Advisory Committee's Funding p. 35 Recommendations Tara Sundin, Economic Development Manager, explained that recently City Council approved a budget ordinance for the ARPA funds, including $850,000 for tourism-related programs and activities to accelerate the reopening of our local economy. The Advisory Committee made recommendations for use of spending in areas that need the most assistance. Pinky Vargas / Gene Knutson moved to approve the funding recommendations. MOTION CARRIED 6-0-1, Dan Hammill abstained. 23043 6. Appointment of New Public Records Officer for the City of Bellingham p. 38 Alan Marriner, City Attorney, shared that a new public records officer appointment must be filled and approved by the City Council. The City recently hired Sarah Chaplin to fill a vacancy in the City Attorney's Office. She will serve as the attorney for Human Resources, ITSD, Library, Municipal Court, and Museum. She will also replace James Erb as Public Records Officer. Gene Knutson / Pinky Vargas moved to recommend approval. MOTION CARRIED 7-0. 23044 7. Discussion of Measures to Regulate Restaurant Delivery p. 39 Listing of restaurant for food delivery without permission of the company or restaurant creates several problems, including posting of menus with inaccurate listings and prices, poor delivery experiences, and operational challenges when order volume exceeds restaurant capacity. Council discussed laws and ordinances passed elsewhere that prohibit unauthorized listings. Pinky Vargas / Lisa Anderson moved to request staff create a draft of an ordinance like the recently passed Seattle ordinance, that could be adopted for restaurant and delivery services that best fits them. MOTION CARRIED 7-0. Committee of the Whole Minutes Page 3 July 12, 2021 23045 8. Discussion of an Initiative on Renter Relocation Assistance p. 55 Discussion during Committee. Council may enact the initiative, defer it to the voters, or reject the measure, and send to voters, or propose an alternative measure that would appear on the ballot along with the original initiative. James Erb, Assistant City Attorney, explained in more detail the options Council may take concerning the initiative. The Council may approve as drafted, or reject and send to voters, or take no action, or offer an alternative to go before the voters with the original petition. With the last option, this created a bifurcated voting option. The option would include the Council's alternative to the measure or the original initiative for voters to choose from. A majority of the voters would have to vote to enact one of the measures. If a majority chooses one of the measures, then the next question is, "which measure do they want to enact?" City Council can appoint the Pro/Con Committees that write ballot statements for the Voter Pamphlet to be mailed out before the November election. The deadline to turn in the Committee assignments to the County Auditor is August 3, 2021. Council Member Knutson feels the initiative should go to the voters. Council Member Vargas agrees that it should go to the voters but is willing to reject the proposed initiative. She volunteered to sit on the "Con" committee to write a statement against the proposal to submit in the voter pamphlet. Council Member Anderson would like to send the initiative as is written to the voters but feels there are some issues with the legality of the wording of the initiatives. Council Member Lilliquist appreciates the effort brought forth by citizen initiatives but feels the current ones are legally flawed and conflict with established Constitutional protections. He would like to offer alternatives in the initiatives that would not be so legally dubious and still maintain the originator's intent. It may be too much work given the timeline for submittal. Council Member Huthman would like to know what the legal challenges are or what is the process after they are passed by the voters? James Erb advised that if the initiatives pass, they could present problems for the City because they may have legal defects and could cause the City the need to defend the laws. Anyone who challenges the measure could do so before or after the election. If anyone would like to hear the legal challenges to the Committee of the Whole Minutes Page 4 July 12, 2021  initiatives, he recommends Council schedule an Executive Session for discussion on them at the July 26, 2021, meeting. Hannah Stone noted that the preelection challenge could come up by the August 3 deadline. Pinky Vargas supports the intent of the initiatives, but the City's Legal department does not have the resources to refine the initiative. She will be voting no in supporting the initiative. Gene Knutson / Pinky Vargas moved to defer the initiative on the renter relocation assistance to the voters. MOTION CARRIED 5-0-2, Michael Lilliquist and Dan Hammill abstained. Michael Lilliquist / Hollie Huthman moved to request an Executive Session on legal issues for the initiatives at our next meeting on all four initiatives. MOTION CARRIED 6-1, Gene Knutson opposed. The Committee breaked for lunch at 12:06 PM. The Committee reconvened at 1:00 PM to follow up on previous items to discuss procedures on appointing Committee members to the Pro / Con writers for each initiative. 23047 9. Discussion of an Initiative on Restricting Use of Advanced Police p. 64 Technologies Alan Marriner, City Attorney, pointed out that this initiative prohibits facial recognition software and other types of predictive policing for Bellingham Police officers. It is a very broad term. Flo Simon, Chief of Police, explained that crime analysts use predictive software but do not use it currently, and that the term used in the petition is way too broad. Committee members discussed the petition initiative. Gene Knutson / Hollie Huthman moved to defer the initiative to the voters. MOTION CARRIED 6-0-1, Michael Lilliquist abstained. 23048 10. Discussion of an Initiative on Neutrality in Labor Campaigns p. 73 Gene Knutson / Daniel Hammill moved to defer this issue to the voters. MOTION CARRIED 6-0-1, Michael Lilliquist abstained. Committee of the Whole Minutes Page 5 July 12, 2021 23049 11. Discussion of an Initiative on Fair Treatment of Hourly Wage and Gig p. 80 Workers Daniel Hammill / Gene Knutson moved to defer the initiative to the voters of Bellingham. MOTION CARRIED 5-0-2, Daniel Hammill and Michael Lilliquist abstained. 23050 12. A Resolution of the City Council Proposing an Amendment to Article p. 96 XIII, Section 2 of the City's Charter to Reduce the Number of Signatures Required to Propose a Charter Amendment by the Petition Method The Charter amendment would reduce the number of signatures required to propose a charter amendment by the petition method. Michael Lilliquist / Gene Knutson moved to recommend approval of the resolution. MOTION CARRIED 5-0-2, Daniel Hammill and Pinky Vargas abstained. 23051 13. A Resolution of City Council Proposing an Amendment to Article X, p. 99 Section 2 of the City's Charter to Reduce the Number of Signatures Required to Propose an Initiative This would reduce the number of qualified voters needed to exercise an initiative petition from 20% to 10% of the total number of votes cast for the office of Mayor at the last preceding municipal general election. James Erb, Senior Assistant City Attorney, explained that it cuts in half the number of registered number of votes casts in the last mayoral election (would cut it down to 3,100). Michael Lilliquist / Gene Knutson moved to recommend approval of the resolution. MOTION CARRIED, 5-0-2, Dan Hammill and Pinky Vargas abstained. Michael Lilliquist / Lisa Anderson moved to request staff report back to the Council possible ways to lengthen the timeline for processing initiatives, to provide more time for council to consider offering an alternative, whether that timeline is controlled by the City Charter or by the municipal code. MOTION CARRIED 7-0. Committee of the Whole Minutes Page 6 July 12, 2021  Alan Marriner, City Attorney, asked for direction if this should be brought back at the next meeting. Michael Lilliquist would like it to be brought to Council by the next meeting (July 26). 23052 14. Update on Safe Spaces Program p. 102 Brian Heinrich, Deputy Administrator, explained that in 2020, the WDRC (Whatcom Dispute Resolution Center) launched the Safe Spaces program as contracted by the City. He explained that there were twelve complaints and that they all were resolved. Information only. 23053 15. Legislative Update p. 108 Flo Simon, Police Chief, gave information on the last legislative session. There is some cause for concern and Deputy Chief, Don Almer, discussed the impact of SB 5259, which is the Statewide Use of Force data collection, agencies are required to report. The software is not ready yet. But the City of Bellingham Police department already reports the use of force. SB 5051 State agency mandates on and off duty conduct, may report if officers post anything about "extremist groups." SB 5476 Blake decision, establishes a statewide substance abuse use recovery services plan, recovery navigator program to provide community-based outreach, intake, assessment, connection to services and case management and recovery services. SB 5066 Duty to Intervene, any on-duty officer witnessing another officer using or attempting to use excessive force to intervene. HB 1054 - Tactics and Equipment, chokeholds and neck restraints are now prohibited. CS (tear gas) – may only be used to alleviate present risk of serious harm, in three situations: riot, barricade, and hostage (SWAT applications). HB 1310 - Use of Force bolstering the law, protect against criminal conduct & PC to make arrest. 16. Approval of City Council Committee and/or Special Meeting Minutes Hollie Huthman / Daniel Hammill moved to recommend approval of the Committee Meeting minutes from June 21, 2021, meeting. MOTION CARRIED 7-0. Committee of the Whole Minutes Page 7 July 12, 2021  17. Old/New Business None. Three items were presented for Executive Session. Committee of the Whole moved into Executive Session at 4:16 PM for approximatelly an hour and 20 minutes for the following items: 1. Litigation: Young V. City of Bellingham. 2. Litigation: Juarez v. City of Bellingham. 3. Litigation: Lev v. City of Bellingham. Adjournment Council President Stone reconvened the Committee of the Whole to adjourn at 5:38 PM. Committee of the Whole Minutes Page 8 July 12, 2021