City Council - Committee Of The Whole

City of Bellingham Committee of the Whole Minutes August 30, 2021, 1:30 PM 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. 23073 1. Update on City YouTube Channels p. 4 Janice Keller, Communications Director, reported that contact has been made between the City and a representative from YouTube. The representative, the Committee of the Whole Minutes Page 1 August 30, 2021  head of Government and External Relations for the Pacific Northwest region, could not guarantee that the City’s videos will be protected from attracting medical misinformation policy violations or that the City will not receive further warnings or strikes. However, YouTube has lifted the content removal decision from the July 12, 2021, meeting video. YouTube is also attentive to its educational, documentary, and scientific or artistic content policy which gives some allowances for public comment periods at public meetings. The communication between the City and YouTube appear to reduce the City's risk, especially now that the City has a point of contact to whom the City can appeal for further information and guidance for using the YouTube channel. The Administration will keep Council informed if the City receives any further strikes or warnings. Council Members asked questions. 23038 2. Discussion of In-Person City Meetings p. 5 Brian Heinrich, Deputy Administrator, relayed that the Administration's recommendation is that due to the dynamic situation related to the COVID-19 pandemic, the City should continue hosting meetings remotely. Staff is working to equip Council Chambers with equipment that can host hybrid type meetings and be held both remotely and in-person. Information only. 23091 3. Opportunities for Public Engagement with the City Council p. 7 Council President Stone opened the discussion for exploring new opportunities for public engagement. She proposed a separate time for Council to host public comment. Discussion on hosting a two-hour public comment period during the City Council regular meeting or a town hall type of meeting in a particular neighborhood was proposed. Her proposal is that it would not be recorded. Unless it is a Public Hearing. By law, Public Hearings must include recordings of comments. Michael Lilliquist / Lisa Anderson moved to try a virtual public comment period on an off-meeting day as outlined in the attached memo of the agenda. MOTION CARRIED 7-0. 23092 4. An Ordinance Adding a New Chapter 6.53 to the Bellingham p. 10 Municipal Code to Regulate Third Party Food Delivery Platforms Committee of the Whole Minutes Page 2 August 30, 2021  Mark Gardner, Policy Analyst, provided info on the draft ordinance on ways to regulate third party food delivery platforms. The ordinance follows the Seattle ordinance in creating a private right of action. This would create a path for enforcing compliance if needed and does not require the creation of new enforcement capacity in Bellingham. Council discussed and asked questions. Council Members wondered how the rollout might be communicated to the restaurant and hospitality industry. Hollie Huthman / Gene Knutson moved to recommend approval. MOTION CARRIED 7-0. 22599 5. Renewal and Extension of an Emergency Ordinance Imposing a p. 24 Moratorium on the Processing of Applications for Detached Single- Family Development in Multi-Family Zones A renewal of the moratorium on the processing of applications for detached single-family development in multi-family zones was presented as a continuation of an emergency ordinance. A six-month renewal of the moratorium is needed to allow staff the time to complete the Type VI legislative review process for changes to Residential Multi Zoned areas. The Planning Commission made recommendations to the draft that will come before the City Council on Sept 27, 2021. At that time, Council will conduct a Public Hearing on draft regulations. The moratorium extension ensures land designated for multi- family development will be preserved and utilized at appropriate densities. Daniel Hammill / Lisa Anderson moved to recommend renewal of the emergency ordinance. MOTION CARRIED 7-0. 23093 6. An Ordinance Amending the 2021-2022 Biennial Budget p. 32 The draft ordinance provides several changes that adds 2.4 FTE positions and $304,769 to the Human Resources department in the General Fund to accelerate hiring. Lisa Anderson / Gene Knutson moved to recommend approval. MOTION CARRIED 6-0-1, Daniel Hammill abstained. 23094 7. 2021 Second Quarter Financial Review p. 38 Committee of the Whole Minutes Page 3 August 30, 2021  Presentation by Andy Asbjornsen, Finance Director, who provided an update on the 2021 Second Quarter Financial Review. Council Members asked questions. Information only. 8. Approval of City Council Committee and/or Special Meeting Minutes Michael Lilliquist / Gene Knutson moved to recommend approval as amended. MOTION CARRIED 6-0-1. Pinky Vargas abstained. 9. Old/New Business Council Member Lilliquist notified the Council that he received notification from the WTA (Whatcom Transit Authority). Every four years the WTA reviews the Board composition and needs a representative from the Council to be appointed for the review process. Currently, Michael Lilliquist, Hannah Huthman, and Mayor Fleetwood sit on the WTA Board. Michael Lilliquist offered to serve as representative for the review process. Michael Lilliquist/ Hollie Huthman moved to appoint him as the board member to serve for the board review process. MOTION CARRIED 7-0. Council Member Anderson brought forward a concern from a constituent on leash length and rules for dogs in City parks. She proposed that staff draft a change BMC 8.04.070 Restrictions on Animals in Parks item B, for consideration. She suggested that section B be changed to read the definition of "under control" be amended and include specifics that a pet leash be less than 25 feet. Lisa Anderson / Gene Knutson moved to amend the BMC to redefine the leash length. Nicole Oliver, Parks and Recreation Director, reminded Council about the lack of enforcement and of the need to go through the Parks and Recreation Board for evaluation. MOTION CARRIED 4-2-1, Dan Hammill and Hannah Stone opposed, and Pinky Vargas abstained. Mayor Fleetwood provided an update on the issue of rights-of-ways, in particular, one recently passed by Council regarding vacating a portion of Douglas Street. He clarified that the City did not give away any property or remove any trails. The City retained rights for public access and all utilities in this case. The City is requiring the owner of the property to improve the trail to City Committee of the Whole Minutes Page 4 August 30, 2021  Park standards. The pedestrian trail will be protected and secured by a public recorded trail easement and maintained by the City. Two items were presented for Executive Session. Committee of the Whole moved into Executive Session at 4:01 PM for approximately an hour for the following items: 1. Litigation: Young v. City of Bellingham 2. Litigation: Hanlon v. City of Bellingham 3. Litigation: Lev v. City of Bellingham Adjournment Council President Stone reconvened the Committee of the Whole to adjourn at 5:49 PM. Committee of the Whole Minutes Page 5 August 30, 2021