City Council - Committee Of The Whole

City of Bellingham Committee Of The Whole Minutes July 24, 2023, 1:45 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 Call to Order President Lilliquist called the meeting to order at 1:45pm. Roll Call Present: Council President Michael Lilliquist, Sixth Ward Council Member Hannah Stone, First Ward Council Member Hollie Huthman, Second 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 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. Hannah Stone / Lisa Anderson moved to recommend moving discussion item #7 AB 23801 regarding Tenant Protection Measures to item #1 for discussion. MOTION CARRIED 7-0. 23795 1. A Resolution Deferring Initiative No. 2023-01 which Concerns Raising the Minimum p. 3 Wage to the Voters On July 10, 2023 City Council voted to direct staff to draft a resolution requesting that the Whatcom County Auditor, as ex-officio supervisor of elections, submit Initiative No. 2023-01, Raise the Minimum Wage, to the qualified electors of the City of Bellingham for the November 7, 2023 election. James Erb, Deputy City Attorney, returned and presented a draft resolution and ordinance for Council's consideration. Council discussed the resolution, ordinance, and reviewed a list of individuals interested in serving on the pro and con statement committees. Committee Of The Whole Minutes Page 1 July 24, 2023  Kristina Michele Martens / Hannah Stone moved to adopt the ordinance regarding minimum wage for employees or Initiative No. 2023-01. MOTION FAILED 1-6. Opposed: Michael Lilliquist, Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. "Skip" Williams, Lisa Anderson Michael Lilliquist / Hollie Huthman moved to strike the following lines of the resolution deferring Initiative 2023-01 which concerns raising the minimum wage to the voters, "The City Council designates the following community members to serve on the committee “For” the initiative bill to prepare a statement advocating that voters approve the measure: Individual #1, Individual #2, and Individual #3. The City Council designates the following community members to serve on the committee “Against” the initiative bill to prepare a statement advocating that voters reject the measure: Individual #1, Individual #2, and Individual #3." MOTION CARRIED 7-0. Daniel Hammill / Edwin H. "Skip" Williams moved to recommend approval of the resolution deferring Initiative 2023-01 which concerns raising the minimum wage to the voters as amended. MOTION CARRIED 7-0. Hannah Stone / Lisa Anderson moved to forward the following names to the Whatcom County Auditor's Office for Initiative No. 2023-01, Pro Committee: Betsy Pernotto Seth Mangold Devan Fischer Con Committee: Guy Occhiogrosso Doug Engerman MOTION CARRIED 7-0. 23796 2. A Resolution Deferring Initiative No. 2023-02 which Concerns the Adoption of an p. 12 Economic Displacement Assistance Mandate in Landlord-Tenant Relations to the Voters Committee Of The Whole Minutes Page 2 July 24, 2023  On July 10, 2023 City Council voted to direct staff to draft a resolution requesting that the Whatcom County Auditor, as ex-officio supervisor of elections, submit Initiative No. 2023-02, Economic Displacement Assistance, to the qualified electors of the City of Bellingham for the November 7, 2023 election. James Erb, Deputy City Attorney, returned and presented a draft resolution and ordinance for Council's consideration. Council discussed the resolution, identified one individual interested in serving on the con statement committee, and requested a review of the initiative process timeline. Daniel Hammill / Edwin H. "Skip" Williams moved to strike the following lines of the resolution deferring Initiative 2023-02 which concerns the adoption of an economic displacement assistance mandate in landlord-tenant relations to the voters, "The City Council designates the following community members to serve on the committee “For” the initiative bill to prepare a statement advocating that voters approve the measure: Individual #1, Individual #2, and Individual #3. The City Council designates the following community members to serve on the committee “Against” the initiative bill to prepare a statement advocating that voters reject the measure: Individual #1, Individual #2, and Individual #3." MOTION CARRIED 7-0. Daniel Hammill / Edwin H. "Skip" Williams moved to recommend approval of the resolution deferring the Initiative 2023-02 which concerns the adoption of an economic displacement assistance mandate in landlord-tenant relations to the voters as amended. MOTION CARRIED 7-0. Hannah Stone / Daniel Hammill moved to forward the following name to the Whatcom County Auditor's Office for Initiative No. 2023-02, Con Committee: Perry Eskridge MOTION CARRIED 7-0. 23797 3. A Resolution Appointing Community Members to Serve on the Committees For and p. 20 Against City of Bellingham Proposition No. 2023-01 - The Greenways 5 Levy James Erb, Deputy City Attorney, presented on the draft resolution appointing community members to serve on the Greenways 5 levy. City Council passed Resolution #2023-015 on July 10, 2023, requesting that the Whatcom County Auditor, as ex-officio supervisor of elections, call and conduct a special election on November 7, 2023, submit to the qualified voters of the City for their approval or rejection Proposition No. 2023-01, commonly referred to as the Greenways 5 levy. Committee Of The Whole Minutes Page 3 July 24, 2023  Council opted not to adopt the resolution and instead reviewed and recommended a list of individuals interested in serving on the pro and con statement committees. Hannah Stone / Edwin H. "Skip" Williams moved to forward the following name to the Whatcom County Auditor's Office for Greenways Five Levy, Prop No. 2023-01, Pro Committee: Neil Schaner Lisa Anderson / Edwin H. "Skip" Williams moved to amend and forward the following names to the Whatcom County Auditor's Office for Greenways Five Levy, Prop No. 2023-01, Pro Committee: Susan Pollard Jack Weiss Hannah Stone / Daniel Hammill moved to amend and forward the following names to the Whatcom County Auditor's Office for Greenways Five Levy, Prop No. 2023-01, Con Committee: Brad Jones AMENDMENTS CARRIED 7-0. Hannah Stone / Lisa Anderson moved to forward the following names to the Whatcom County Auditor's Office for Greenways Five Levy, Prop No. 2023-01, Pro Committee: Neil Schaner Susan Pollard Jack Weiss Con Committee: Brad Jones MOTION CARRIED 7-0. 23783 4. A Resolution Affirming that Affordable Housing and Homelessness are a Public p. 23 Health Crisis On June 26, 2023, Council Member Martens circulated a draft resolution affirming that affordable housing and homelessness are a public health crisis. Council requested revisions to the resolution at the June 26, 2023 and July 10, 2023 meetings. Council Members discussed the current resolution draft. Committee Of The Whole Minutes Page 4 July 24, 2023  Daniel Hammill / Edwin H. "Skip" Williams moved to recommend approval of the Resolution Affirming Housing Affordability and Homelessness are a Public Health Crisis to Resolution Affirming Housing Affordability and Homelessness are a Public Health Crisis. Hollie Huthman / Daniel Hammill moved to amend the resolution title from, "A Resolution Affirming that Affordable Housing and Homelessness are a Public Health Crisis" to, "A Resolution Affirming that Housing Affordability and Homelessness are a Public Health Crisis." AMENDMENT CARRIED 7-0. AMENDED MOTION CARRIED 7-0. 23799 5. An Ordinance of the City of Bellingham Amending Bellingham Municipal Code p. 29 Chapter 10.08 to Adopt by Reference the New State Laws Addressing the Possession and Public Use of Controlled Substances At its June 26, 2023 meeting, City Council directed staff to bring forward an ordinance adopting by reference the new state laws addressing the possession and use of controlled substances. Ryan Anderson, Lead Prosecutor, and Chief Mertzig, returned to discuss the draft ordinance adopting the new state laws making knowing possession and use of controlled substances in a public place gross misdemeanors. Council Members discussed the ordinance and asked questions. Daniel Hammill / Edwin H. "Skip" Williams moved to recommend approval of the ordinance amending the Bellingham Municipal Code Chapter 10.08 to adopt by reference the new state laws addressing the possession and public use of controlled substances. MOTION CARRIED 7-0. 23800 6. An Ordinance Relating to Land Use Planning, Amending Bellingham Municipal Code p. 35 (BMC) Titles 20 and 21 Regarding Accessory Dwelling Units (ADUs) The City Council held a public hearing on a draft ordinance amending the development regulations for accessory dwelling units (ADUs) on January 23, 2023. The Council referred the ordinance to the Planning Committee, which held work sessions on February 13, 2023 and March 13, 2023. The Committee of the Whole then held a work session to consider the ordinance on April 24, 2023, during which Council directed staff to amend the ordinance to incorporate the regulations in Engrossed House Bill 1337. Blake Lyon, Planning and Community Development Director, Chris Koch, Planner II, returned to discuss the amended ordinance. Hannah Stone / Lisa Anderson moved to amend the ordinance with the following text, “4. Ownership and Occupancy. a. The ADU, or the land on which the ADU is located, shall not be subdivided or otherwise segregated in ownership from the primary dwelling unit or from the land on which the Committee Of The Whole Minutes Page 5 July 24, 2023  primary dwelling unit is located, but the ADU may be segregated in ownership from the primary dwelling unit. b. The total number of persons who may occupy the accessory dwelling unit shall not exceed four, regardless of relationship. c. Owner occupancy is required in areas zoned residential single until occupancy requirements are preempted by the implementation of State law. Prior to implementation of State law the following applies. The An owner shall record a covenant with the Whatcom County auditor submit an affidavit, approved by the director, which shall run with the land as long as the ADU is maintained on the property or until owner occupancy requirements are preempted by the implementation of State law. The property owner shall submit proof that the covenant has been recorded with the Whatcom County auditor’s office affidavit to the City prior to issuance of the building permit. The covenant affidavit shall specify the requirements for owner occupancy, and purchaser registration, and biannual verification as follows: i. The An owner of the subject property shall reside on the premises, whether in the primary or accessory dwelling; provided, that: (A) In the event of illness, death or other unforeseeable event which prevents the owner’s continued occupancy of the premises, the director may, upon a finding that discontinuance of the ADU would cause a hardship on the owner and/or tenants, grant a temporary suspension of this owner-occupancy requirement for a period of one year. The director may grant an extension of such suspension for one additional year, upon a finding of continued hardship. (B) In the case of bringing an unpermitted ADU into compliance with this section, if the property on which the ADU is located complies with all of the requirements of this section except owner-occupancy, the property may continue without occupancy by the owner for the remainder of the lease(s) on the property, not to exceed one year. Thereafter, the property shall be occupied by the owner, or transferred to a different owner who will reside on the premises. ii. Purchasers of homes with an ADU shall register with the planning and community development department within 30 days of purchase. iii. An affidavit, prepared by the planning and community development department and signed by the property owner, must be submitted to the department on or before January 1st of every odd numbered year attesting to owner occupancy.” AMENDMENT CARRIED 5-2. Opposed: Hollie Huthman, Daniel Hammill AMENDED MOTION CARRIED 6-1. Opposed: Daniel Hammill Committee Of The Whole Minutes Page 6 July 24, 2023 23801 7. A Work Session to Discuss Additional Tenant Protection Measures p. 87 Note: This item was moved, approved, and discussed as the first agenda item. On February 27, 2023, pursuant to a request from City Council, staff provided an initial list of tenant protection measures that are being utilized elsewhere in the states of Washington and California to help provide some stability to the existing rental market. Council provided further direction to conduct additional public outreach and analyze a broader range of potential tenant protection measures. Blake Lyon, Planning and Community Development Director, returned to seek Council’s feedback on action measures. Council Members discussed and shared their priorities. 23802 8. Approval of the 7/10/2023 City Council Committee and Regular Meeting Minutes p. 99 Edwin H. "Skip" Williams / Kristina Michele Martens moved to recommend approval of the July 10, 2023 meeting minutes. MOTION CARRIED 7-0. 9. Old/New Business Mayor Fleetwood proposed a future ordinance related to safe parking zones for Council's consideration. Council was supportive of learning more about the ordinance. Council Member Hammill requested a future presentation on current City-owned surplus property. Council moved into Executive Session at 4:35pm to discuss four items for approximately 15 minutes. 1. Potential Property Acquisition 2. Potential Property Acquisition 3. Potential Property Acquisition 4. Potential Property Acquisition Adjournment There being no further business, the meeting adjourned at 4:34pm. Committee Of The Whole Minutes Page 7 July 24, 2023