City Council - Committee Of The Whole

City of Bellingham Committee of the Whole Minutes October 11, 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 Michael Lilliquist, Sixth Ward Council Member Hollie Huthman, At-Large Excused: Council Member Lisa Anderson, Fifth Ward 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. President Council Stone explained the options regarding the four inititatives on the General Election ballot. Options for Council were to defer the measure to the voters of Bellingham, reject the measure and proposing an alternative Committee of the Whole Minutes Page 1 October 11, 2021  measure that would appear on the ballot, or enact the initiative. The Council did not move forward with enacting any of the initiatives, so they will appear on the ballot for voters to decide. The Council reviewed the impact to the City if the following initiatives are approved. It is important to note that if they pass, they cannot be rescinded for two years. 23045 1. Review of Initiative 2021-01, Renter Relocation Assistance p. 3 This initiative would require landlords to provide a 90-day notice if the monthly rent will be raised 5% or more, establishes a policy of rental relocation assistance, establishes the definitions that guide the ordinance, establishes rental relocation assistance for without-cause eviction with less than 45 days’ notice of: either a sum equaling three times the current fair market rent for Bellingham, as defined by the HUD office of policy development and research for an apartment of the same size or three times the current tenant’s monthly rent, whichever is larger. Council members asked questions. 23047 2. Review of Initiative 2021-02, Restricting Use of Police Technologies p. 14 Discussion during Committee and Council Members asked the Police Chief about predictive policing software. Flo Simon, Police Chief explained that placing a ban on predictive policing is using a broad brush and hinders the availability to solve a crime within a reasonable amount of time. Neither predictive police nor facial recognition software is currently used by the Bellingham Police. The initiative bans the use of the technologies in the future. She discussed the implications of such a ban. Council members asked questions. 23048 3. Review of Initiative 2021-03, Neutrality in Labor Campaigns p. 25 This initiative would define and restrict the use of City funds in campaigns to discourage unionization. It also establishes that the City would be obligated to track City funds after payment of goods and services. This is extremely challenging to segregate City funds and activities that are City-funded from any of the recipient's activities that involve discouragement of unionization. Brian Heinrich, Deputy Administrator provided an example to give context of such activity. Council Members asked questions. Committee of the Whole Minutes Page 2 October 11, 2021 23049 4. Review of Initiative 2021-04, Fair Treatment of Hourly Wage and Gig p. 35 Workers The initiative requires employers in the City, including the City itself, to pay employees a $4.00 per hour premium in hazard pay or its equivalent in a prorated salary premium if a State of Emergency is declared in any jurisdiction which includes the City of Bellingham. It also establishes requirements for how employers schedule employees, require additional compensation for work schedule changes, and prohibit employers from engaging in patterns of under- scheduling workers if the emergency was in effect for an entire year. Brian Heinrich, Deputy Administrator outlined the emergency declarations that have been issued in the past few years. In 2019, two were issued. In 2020, six were issued. In 2021, two emergency declarations have been issued so far. Any subsequent emergency declaration will trigger the clause for hazard pay if the initiative passes. Council discussed passing a resolution, as a statement that would state their opposition to this initiative as well as the other initiatives urging voters to vote "no" on them. Pinky Vargas / Gene Knutson moved to draft a resolution that opposes the ballot initiative measures 1 - 4 urging voters to vote “no.” MOTION CARRIED 6-0-1, Lisa Anderson excused. 23129 5. Presentation of 2021-2022 Mid-Biennium Adjustment p. 54 Forrest Longman, Deputy Finance Director outlined the steps taken to balance the budget. He shared that 2021 has been a year of unprecedented economic growth. Many proposed changes were included in the budget adjustment. Proposed changes are:  Improvements to emergency medical and crisis response systems  Investments to support safe, well maintained public spaces  Investments in increasing internal capacity in areas such as technology, finance, and human resources  Increases in communication and outreach staff in Planning & Community Development, Police, Public Works, and the Mayor's office  Investments in diversity, equity, and inclusion A public hearing is scheduled for both the November 8 and November 22 City Council meetings, as required by law. The budget ordinance will be introduced Committee of the Whole Minutes Page 3 October 11, 2021  for first and second reading on December 6 with third and final reading scheduled for December 13, 2021. Information only. 23130 6. Legal Department Presentation on Public Rights of Way p. 74 Matt Stamps, with the Office of the City Attorney presented fundamentals on right-of-ways. Alan Marriner, City Attorney provided basics on street vacations and the process to vacate by the Hearing Examiner's recommendations. Matt Stamps explained the process of relinquishment of utility easements retained in prior street vacations. Michael Lilliquist / Daniel Hammill moved to bring forward a proposal for codifiying the standards for street vacations. MOTION CARRIED 5-0-2, Lisa Anderson and Gene Knutson excused. 7. Approval of City Council Committee and/or Special Meeting Minutes Daniel Hammill / Hollie Huthman moved to recommend approval of Committee Meeting minutes of September 27, 2021. MOTION CARRIED 5-0-2, Lisa Anderson and Gene Knutson excused. 8. Old/New Business Council Member Hammill announced that he would like to bring forward a motion to amend the Bellingham Municipal Code 20.29 that would help create more affordable housing opportunities. However, at this time with two council members absent, he will wait to introduce such an amendment until the next council meeting where he can get input from all. Council Member Lilliquist asked if Council Member Hammill could send the proposal to council members prior to the meeting so the Council will have time to review and prepare. Council Member Hammill agreed that he would. Council President Stone announced that Whatcom County Council's Legislative Analyst has asked for the City Council to identify one member to serve on the selection committee for the RFP21-60 Professional Services for COVID-19 Committee of the Whole Minutes Page 4 October 11, 2021  Pandemic Response Review. Council Member Vargas volunteered for the committee. Council Member Hammill announced that he is on a team that makes recommendations on the police reforms and will be working with local state legislators on the new laws. One item was presented for Executive Session. Committee of the Whole moved into Executive Session at 4:19 PM for approximately five minutes for the following item: 1. Litigation: Fox v. City of Bellingham. Adjournment Council President Stone reconvened the Committee of the Whole to adjourn at 4:29 PM. Committee of the Whole Minutes Page 5 October 11, 2021