City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 11/14/2016, 7:00 PM Mayor Kelli Linville Contact: (360) 778-8200, ccmail@cob.org Council Members April Barker, Gene Knutson, Daniel www.cob.org/council Hammill, Pinky Vargas, Terry Bornemann, Michael Lilliquist All meetings are held in the City Hall Council Chambers at and Roxanne Murphy 210 Lottie Street, Bellingham, WA unless otherwise noted. Call to Order The meeting was called to order by Council President Vargas at 7:00 p.m. Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. Pledge of Allegiance Led by Council President Vargas. Roll Call Present: April Barker, Council Member, First Ward Gene Knutson, Council Member, Second Ward Daniel Hammill, Council Member, Third Ward Pinky Vargas, Council Member, Fourth Ward Terry Bornemann, Council Member, Fifth Ward Michael Lilliquist, Council Member, Sixth Ward Roxanne Murphy, Council Member, At Large Excused: Public Hearing 21426 1. Public Hearing on the City of Bellingham's 2017-18 Biennial Budget Brian Henshaw, Finance Director, gave a presentation on the 2017-2018 Biennial Budget. Council President Vargas opened the public hearing. City of Bellingham Regular City Council Meeting Page 1 of 9 11/14/2016  Chris Deile, spoke on budget issues that may affect homeless persons. There being no further comments, the public hearing was closed. The written record will remain open until December 5, 2016. 15-Minute Public Comment Period Michael Chiavario, spoke on the behalf of the League of Women Voters of Bellingham and Whatcom County. The League feels the Planning Commission ordinance is a way to help ensure recommendations of the Planning Commission are consistently fair and unbiased. The League urged Council to adopt the ordinance. {AB 21432} John Lesow, relayed his experience as serving on the Whatcom County Planning Commission. Due to his experience, he feels the City Council should be involved with nominating those serving on the Commission, rather than the Mayor appointing. He expressed that the diverse background of the Whatcom County Planning Commission earned the public trust and that diversity could help with the Bellingham City Planning Commission. He urged the Council to pass the ordinance. {AB 21432} Thomas Paine, gave reasons why he is opposed to Bellingham becoming a sanctuary city. He relayed a recent crime that occurred in San Francisco (a sanctuary city). He reported that Bellingham could lose federal funding for certain law enforcement support, and could become subject to civil and criminal penalties and face lawsuits. Victoria Matey, expressed her concern about her future and that of undocumented persons living within the city limits of Bellingham. She encouraged the Council to consider making Bellingham a sanctuary city and asked people to sign the petition for consideration. Joseph McDonald, warned that our country is in a Holy War. Eric Bostrom, spoke against illegal immigration and sanctuary cities. He feels sanctuary cities are not fair, but are rebellious and disrespectful to immigrants that have immigrated legally and abided by the law. Chris Diele, spoke about homeless persons. Maggie Lohkemper, spoke against sanctuary city status. She expressed that it is not fair to immigrants who have come legally and within the laws of the U.S. She stated that we are a nation of laws, and if one does not respect the law, they are likely to be disrespectful in other ways. She asked that Council carefully consider how sanctuary city status would benefit our city. City of Bellingham Regular City Council Meeting Page 2 of 9 11/14/2016  Jean Hamilton, member of the Sehome Neighborhood Board, spoke in support of the ordinance put forward regarding the Planning Commission. {AB 21432} Sheli Moore, spoke against the sanctuary city status. She relayed her daughter's experience on wait lists at Western Washington University. She feels that her daughter was on class wait lists because the spaces in the classes were taken by undocumented students. She expressed that it did not seem fair to her daughter who is a legal resident of Bellingham. Galen Herz, shared his family's plight from Germany during World War II. Because of his family's experience, he is sympathetic to immigrants hoping for a safe haven. He asked that the Council consider making Bellingham a sanctuary city. Jamie Douglas, disturbed by the comments of others during the Public Comment period. He feels that rights should be given to all those within our borders. Olga Prado, spoke about her experience as an undocumented person living in the U.S. She explained that it was not her choice to come to the U.S., but her parents brought her here for a better life. She asked that Bellingham become a sanctuary city. Maria Prieto, expressed that siting cases of illegal immigrant crimes as a reason to not become a sanctuary city is not a fair assessment of all illegal immigrants. She is not a criminal and is anxious to contribute to the community and is grateful for the help she has received. Andrea Douglas, spoke in favor of sanctuary cities. She relayed her experience of living among immigrants (undocumented) in San Francisco and that they made good contributions to the community. Ana Cervantes, spoke about her experience as an undocumented immigrant at Western Washington University. She also has been wait listed for classes and expressed that she felt it was not because undocumented students were taking class spaces. Parks and Recreation 21427 1. Rename Franklin Park to "Harriet Spanel" Park Michael Lilliquist / Roxanne Murphy moved approval to rename Franklin Park to Harriet Spanel Park in honor of Harriet's service to her neighborhood and community. MOTION CARRIED 7-0. Lake Whatcom Reservoir and Natural Resources 21428 1. Integrating Low Impact Development Standards into City Code City of Bellingham Regular City Council Meeting Page 3 of 9 11/14/2016  Information only. Community and Economic Development 21429 1. Interlocal Cooperation Agreement Between Whatcom County, the City of Bellingham, and the Port of Bellingham, Regarding a Coordinated Approach to Funding Economic Development Activities April Barker / Gene Knutson moved approval of the Interlocal Cooperation Agreement between Whatcom County, the City of Bellingham, and the Port of Bellingham, regarding a coordinated approach to funding Economic Development Activities. MOTION CARRIED 6-0-1, Terry Bornemann excused. 21430 2. 2015 Annual Performance Report on HUD Entitlement Grants and Housing Levy Presentation during Committee. Information only. Committee Of The Whole 21431 1. Progress Update on COB Energy Reduction Initiatives Presentation during Committee. Council directed staff to bring back a budget amendment for improvement projects in City facilities that would reduce energy costs. 21432 2. An Ordinance of the City of Bellingham, Washington, Regarding Planning Commission Membership, Amending Section 2.42.020 of the Bellingham Municipal Code Council directed staff to include proposed language that Council Member Hammill submitted for consideration and review at the next meeting. 3. Approval of City Council Committee and/or Special Meeting Minutes No Minutes were submitted for approval. 4. Old/New Business Council Member Vargas reported that Council submitted a letter that asks all associations in government to support MTCA (Model Toxics Control Act). Roxanne Murphy / April Barker moved that Council members sign the letter of support. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 4 of 9 11/14/2016  21386 5. Work Session on the 2017/18 Biennial Budget Council Member Vargas submitted a request to add an additional $6,000.00 to the budget for the Domestic Violence Commission. Roxanne Murphy / Michael Lilliquist moved to include the proposed increase of funds and add to the budget ordinance. MOTION CARRIED 6-0-1, April Barker opposed. Executive Session - Report and Action only. 1. Litigation: Haskell v. City of Bellingham Staff provided information and update on a pending litigation matter. Discussion and information only. No action taken. 2. Potential Litigation Staff provided information on a refund claim against the City. Discussion and information only. No action taken. 3. Potential Litigation Staff provided information on a refund claim against the City. Discussion and information only. No action taken. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. Mayor Linville reported that she will also be writing a letter of support to AWC (Association of Washington Cities) for MTCA funding. Mayor Linville has asked Planning and Community Development Director, Rick Sepler, give a report on zoning enforcement at the next Council Meeting. Mayor Linville acknowledged concerns and requests that the City become a sanctuary city. She emphasized that the City of Bellingham currently has policies in place that ensure no persons are discriminated against if they are undocumented. Should there be any complaints to the contrary, she asked to be made aware of them so she can pass along to law enforcement. She assured all that she would not want any persons to live in fear in the City of Bellingham. She called for civil discourse in our public meetings. 21433 1. Mayor's Appointment of Michael Chiavario to the Parks and Recreation Advisory Board (Information) City of Bellingham Regular City Council Meeting Page 5 of 9 11/14/2016  Information only. The Mayor appoints Michael Chiavario to his first full term, which will expire on November 22, 2019, at which time he may be reappointed. Consent Agenda All matters listed on the Consent Agenda are considered routine and/or non-controversial items and may be approved in a single motion. A member of the Council may ask that an item be removed from the Consent Agenda and considered separately. 21434 1. Bid Award for Ductile Iron Fittings, Bid # 62B-2016 21435 2. Ordinance Amending the 2015/16 Adopted Budget Transferring $10,703.05 from the Low Income Housing Fund to the Community Development Block Grant (CDBG) Roxanne Murphy / Gene Knutson moved approval for first and second reading. MOTION CARRIED 7-0. 21436 3. Authorize Mayor to Execute Washington State Department of Natural Resources Cooperative Agreement to Sponsor a One-month Puget SoundCorps Crew to Support the City's Natural Resource Projects 21437 4. Authorize the Mayor to Enter into a Cooperative Agreement with the Washington State Department of Natural Resources for a Puget SoundCorps Crew to Support the City Parks and Recreation Department Restoration Projects 21438 5. Authorization of Payroll Labor Cost Payments Dated October 11, 2016 - October 25, 2016 21439 6. Authorization of A/P Checks Issued November 4, 2016 Roxanne Murphy / Gene Knutson moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 21247 1. An Ordinance Adopting the 2016 City of Bellingham Comprehensive Plan, Including the Future Land Use Map Roxanne Murphy / April Barker moved approval for third and final reading. Upon motion, said bill was placed on final passage and approved by the following roll call vote: City of Bellingham Regular City Council Meeting Page 6 of 9 11/14/2016  AYES: BARKER, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS NAYS: BORNEMANN EXCUSED: MOTION CARRIED and was thereafter named Ordinance #2016-11-037. 21294 2. An Ordinance of the City of Bellingham Relating to Bellingham's Comprehensive Plan, Amending Area 6 of the Puget Neighborhood Plan and Section 20.00.130 of the Bellingham Municipal Code, Table of Zoning Regulations for Puget Area 6 Terry Bornemann / Gene Knutson moved approval for third and final reading. Upon motion, said bill was placed on final passage and approved by the following roll call vote: AYES: BARKER, BORNEMANN, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS NAYS: EXCUSED: MOTION CARRIED and was thereafter named Ordinance #2016-11-038. 21398 3. An Ordinance of the City of Bellingham, Washington, Amending Various Sections of the Bellingham Municipal Code in Order to Adopt by Reference Several Criminal Codes of the Revised Code of Washington Michael Lilliquist / Roxanne Murphy moved approval for third and final reading. Upon motion, said bill was placed on final passage and approved by the following roll call vote: AYES: BARKER, BORNEMANN, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS NAYS: EXCUSED: MOTION CARRIED and was thereafter named Ordinance #2016-11-039. 21415 4. An Ordinance Amending the 2015-16 Adopted Budget Appropriating an Additional $1,222,100 of Expenditures to Account for a Change in Accounting Practice Roxanne Murphy / Michael Lilliquist moved approval for third and final reading. Upon motion, said bill was placed on final passage and approved by the following roll call vote: City of Bellingham Regular City Council Meeting Page 7 of 9 11/14/2016  AYES: BARKER, BORNEMANN, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS NAYS: EXCUSED: MOTION CARRIED and was thereafter named Ordinance #2016-11-040. 21416 5. An Ordinance Amending the 2015-2016 Adopted Budget Appropriating An Additional $320,000 of Expenditures in the Medic One Fund for the Purchase of An Ambulance, Building Repairs, and For Retro Pay Terry Bornemann / Roxanne Murphy moved approval for third and final reading. Upon motion, said bill was placed on final passage and approved by the following roll call vote: AYES: BARKER, BORNEMANN, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS NAYS: EXCUSED: MOTION CARRIED and was thereafter named Ordinance #2016-11-041. 21419 6. An Ordinance of the City of Bellingham, Washington Relating to the Levying of Taxes and Establishing the Amount to be Raised in 2017 on the Assessed Valuation of the Property Within the City Roxanne Murphy / Michael Lilliquist moved approval for third and final reading. Upon motion, said bill was placed on final passage and approved by the following roll call vote: AYES: BARKER, BORNEMANN, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS NAYS: EXCUSED: MOTION CARRIED and was thereafter named Ordinance #2016-11-042. City of Bellingham Regular City Council Meeting Page 8 of 9 11/14/2016  Adjournment There being no further business, the meeting was adjourned at 8:30 pm. Pinky Vargas, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: December 5, 2016 City of Bellingham Regular City Council Meeting Page 9 of 9 11/14/2016