City Council - Committee Of The Whole

City of Bellingham Committee Of The Whole Minutes June 27, 2022, 1:15 PM Mayor: Seth Fleetwood Contact: (360) 778-8100, mayorsoffice@cob.org Council Members: Hannah Stone, Hollie Huthman, Contact: (360) 778-8200, ccmail@cob.org Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, https://cob.org/council Michael Lilliquist and Kristina Michele Martens All meetings are held in the City Hall Council Chambers at 210 Lottie Street, Bellingham, WA, unless otherwise noted. Call to Order The Committee of the Whole meeting was called to order by Council President Stone at 1:15pm. Roll Call Present: Council President Hannah Stone, First Ward Council Member Daniel Hammill, Third Ward Council Member Edwin H. "Skip" Williams, Fourth Ward Council Member Lisa Anderson, Fifth Ward Council Member Kristina Michele Martens, At Large Excused: Council Member Hollie Huthman, Second Ward Council Member Michael Lilliquist, Sixth 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: 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. 23380 1. Consideration of a Draft Interlocal Agreement with Whatcom County p. 3 Concerning Joint Planning, Development Review and Annexation in Bellingham Urban Growth Areas The current Interlocal Agreement with Whatcom County concerning Joint Planning, Development Review and Annexation in Bellingham Urban Growth Committee Of The Whole Minutes Page 1 June 27, 2022  Areas expires June 30, 2022. An updated agreement has been developed by City and County Planning, and Public Works staff. Gregory Aucutt, Assistant Director of Planning and Community Development, provided a summary of the brief changes. While the basic structure of the agreement is largely unchanged, a few changes are proposed based on our experiences over the past 10 years. The proposed changes include:  Reference to the Review and Evaluation Program (Buildable Lands) has been added in Section 2.A.  An increase in the reimbursement period from 10 to 15 years for County investments in infrastructure in Bellingham’s UGA if an area is annexed (Section 6.C). The ILA includes County road and stormwater projects completed in the last 15 years (Exhibit A) that may require reimbursement if an area containing one of the projects is annexed.  The 2012 ILA contains provisions for sales tax revenue sharing if an area with significant revenue is annexed (Section 10). Based on our experience over the years, four steps have been added that set forth the responsibilities of the City and County Treasurer’s Office to ensure that revenue sharing occurs as anticipated in the agreement. The County Council reviewed the draft agreement on June 7 and signified their agreement. Final approval by the County is expected to occur on June 21, 2022. Daniel Hammill / Edwin H. "Skip" Williams moved to recommend approval of the draft Interlocal Agreement with Whatcom County Concerning Joint Planning, Development Review and Annexation in Bellingham Urban Growth Areas. MOTION CARRIED 5-0. 23381 2. An Ordinance Amending the 2021-2022 Biennial Budget to Increase p. 26 American Rescue Plan Act Expenditures for Food Security The ordinance amends the 2021-2022 Biennial Budget to add $500,000 of American Rescue Plan Act expenditures in the General Fund, non-departmental to support food security in the face of increasing demand for Bellingham Food Bank services and persistently inflating food costs. Michael Cohen, Executive Director of the Bellingham Food Bank, and Tara Sundin, Community and Economic Manager, outlined challenges to maintaining services for those in need, with overall funding shortages and increasing costs of goods. The food bank currently serves 3,000 households every week, which is double what was served prior to the pandemic. Committee Of The Whole Minutes Page 2 June 27, 2022  Councilmember Hammill reiterated that City staff is working on a review of food deserts and how other communities have addressed these challenges. The work is still underway and anticipate a follow-up discussion later this summer. Daniel Hammill / Lisa Anderson moved for first and second reading. MOTION CARRIED 5-0. 23382 3. Approval of the 2022 EMS Levy Ballot Proposition p. 31 Whatcom County is proposing to replace the current EMS property tax levy that expires at the end of 2022. This levy has historically provided funding for the County-wide advanced life support (paramedic) program. State law requires that the City of Bellingham pass a resolution in support of the EMS levy before the County can place it on the ballot. This renewal will fund paramedic units, paramedic training, community paramedicine, and starting in 2023, provide some funding for basic life support (BLS) services. Bill Hewett, Fire Chief and Mayor Fleetwood discussed renewal of the EMS levy and are requesting the Council not to approve the resolution today while the City further negotiates with the Whatcom County Council. The County Council approved last minute amendments to lower the City reimbursement rate from $.295 to $.19 and remove diversity, equity, inclusion (DEI) training and hiring language. They will continue negotations with the Whatcom County Council and are hoping for resolution at their July 12, 2022 meeting. 23383 4. Affirming that the Display of Flags on City Property is Government p. 88 Speech Mayor Fleetwood and James Erb, City Attorney, highlighted the impact of a recent U.S. Supreme Court case, which recognizes that government entities are entitled to select the views they want to express. Federal law (4 U.S.C. Ch. 1) provides protocols for flying the U.S. flag and state law (RCW 35A.21.180, RCW 1.20.017, and RCW 1.20.015) provides specific requirements for displaying the U.S., Washington State, and Prisoner of War/Missing in Action (POW/MIA) flags at government buildings. In addition to following these statutory requirements, the City on limited occasions temporarily displays commemorative flags. The proposed resolution establishes and preserves the City’s authority to select, while following state and federal requirements, commemorative flags for display on City flagpoles. The resolution proposes that commemorative flags be considered government speech and proposes the City Council formally establish that municipal flagpoles are not intended to serve as forums for free expression by the public. It proposes that commemorative flags be flown as authorized by Committee Of The Whole Minutes Page 3 June 27, 2022  the City Council, in limited and temporary ways, as expressions of the City’s official policies, priorities and sentiments. The proposed resolution is similar to policy statements adopted by other City and County governments to establish that their municipal flagpoles are intended for government speech. The proposed resolution also is consistent with the recent decision issued by the U.S. Supreme Court regarding commemorative flags (Shurtleff v. Boston). Edwin H. "Skip" Williams / Daniel Hammill moved to approve the resolution affirming that the City's right to display flags on City property is government speech. MOTION CARRIED 5-0 Mayor Fleetwood asked the Council to entertain a motion to authorize his office to display Pride Banners on City utility poles. At this time, the City does not recommend a formal resolution needs to be drafted and approved. Daniel Hammill / Edwin H. "Skip" Williams moved to authorize the Mayor's Office to display Pride Banners on City utility poles. MOTION CARRIED 5-0. 5. Approval of City Council Committee and/or Special Meeting Minutes Councilmember Anderson requested a review and modification of the June 7, 2022, Committee of the Whole meeting minutes, under Old/New business. The Council asked the Deputy City Clerk to review the recording to confirm the wording of the motion for additional discussion at the evening meeting. 6. Old/New Business Councilmember Martens highlighted that the City's ban on single plastic use goes into effect July 31, 2022, and inquired about outreach with ESL business owners. The City will use an education-first approach to violations, with the possibility of penalties. The Mayor committed his team to following-up with Sustainable Connections and others about business outreach. Councilmember Martens and Council President Stone traveled to Vancouver, WA to attend the Association of Washington Cities (AWC) Conference. They enjoyed the networking opportunities, recognized the City is leading in many areas, and appreciated the diverse representation from across Washington State and those bringing fresh perspectives to our communities. Committee Of The Whole Minutes Page 4 June 27, 2022  The public hearing originally scheduled tonight at 7pm on the Climate Action Fund is cancelled. Councilmember Hammill and Council wanted to recognize the impact of the recent U.S. Supreme Court decision on Roe vs. Wade. In June 2019, the City passed Resolution #2019-19, "in support of the right to bodily autonomy and support of a person's right to access the full spectrum of reproductive health care services including the right to access abortion regardless of gender identity and expression, documentation status, income or age." The Council would like to review the prior resolution, statewide legislative efforts, and ultimately vote on a new resolution at the August 1, 2022, meeting when all Councilmembers can be present. Executive Session began at 3:25pm for approximately 85 minutes to review seven items. 1. Potential Property Acquisition 2. Potential Property Acquisition 3. Potential Litigation Claim: #2022-14 4. Potential Litigation Claim: #2022-13 5. Review Proposed Collective Bargaining Agreement for IAFF, Local 106 6. Review Proposed Collective Bargaining Agreement for Fraternal Order of Police 7. Litigation: Hanlon v. City of Bellingham Adjournment There being no further business, the committee meeting adjourned at 3:23pm. Committee Of The Whole Minutes Page 5 June 27, 2022