City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 07/10/2017, 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 Lilliquist 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 Lilliquist. 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 21654 1. Public Hearing to Consider a Rezone for Portions of Areas 10 and 11 in the Cordata Neighborhood to Allow a New City Park Lisa Pool, Senior Planner, gave a brief overview of the need for a rezone of Areas 10 and 11 in the Cordata Neighborhood to allow for a new City Park. The new area, if approved, will become Area 22. No written comment or verbal testimony was submitted prior to publication of the meeting packet. No written or verbal testimony City of Bellingham Regular City Council Meeting Page 1 of 8 7/10//2017  was provided at Planning Commission public hearing and only two members of the public attended the neighborhood meeting. Council President Lilliquist opened the public hearing. Karly Storms, asked that Council consider the noise factors in parks when planning events. The Maritime Heritage Park frequently hosts concerts that have a noise impact on the surrounding neighbors. There are lights in the park that also are glaring and she requested the infrastructure in the new park not be so invasive towards the neighbors. There being no further comments, the public hearing was closed. Roxanne Murphy / Pinky Vargas moved approval for first and second reading. MOTION CARRIED 7-0. 15-Minute Public Comment Period Dena Jensen, requested that the City Council and Mayor reject the Jail Finance and Facility Use Agreement (JFFUA). She expressed that it is not a solution to the current problem of overcrowding offenders. The existing facility needs to be renovated as soon as possible. She feels we need to form an oversight committee to help immigrant residents feel confident that their civil liberties are being upheld. Chris Deile, corrected his story that he relayed at the last meeting where he described the details about black bears vs. grizzly bears. He also objected to the Alcoholic Anonymous program being used in jail alternatives. Elizabeth Hartsock, asked Council to consider the water purchase request from the Lummi Nation. Laura Norton, feels the jail proposal is too big and encouraged all to work on alternatives to incarceration. The location of the jail is also of concern to her. Josh Cerretti, suggested that a concentrated area of services are a better way to serve the community. The location of the proposed jail building site is too far away from services such as lawyers that represent clients and bus lines for transportation. Joseph McDonald, objected to the Resolution instructing residents of Bellingham not to sign the petition for I-1552 and objected to being told how to vote if the initiative made it to ballot. He feels that the Resolution was against the rule that advises government bodies to not be involved in politics. City of Bellingham Regular City Council Meeting Page 2 of 8 7/10//2017  Karly Storms, urged the City Council to vote against the jail proposal. She also suggested the City of Bellingham divest their funds from US Bank. She reminded Council that earlier in the year, the Council passed a Resolution standing in solidarity with Standing Rock and feels the connection with US Bank is a conflict of interest. Edward Alexander, stated that another ballot proposal is not the best option for building a new jail. He feels we need criminal justice reform and to implement more jail alternatives. Victoria Matay, spoke against the jail proposal. She feels the criminal justice system is racist. Jose Carrillo, spoke against the sanctuary ordinance that was passed earlier in the year. He requested that the Council create a civil oversight board. Junga Subedar, relayed that she heard there were reports that the current jail facility was built in the 19th century. She clarified that it was built in the 1980's. She stated that the current jail is repairable. She advocated for fixing the current jail rather than building a new one at a much higher cost. Charlie Storrs, appreciated the letter the City Council wrote to the County Council, which objected to the cost among other points. He reported that Skagit County built their jail for a third of the cost of construction. He also stated that all visitation for those incarcerated in the new facility will be done through the use of TVs. He would like the City Council to reject the jail proposal. Dan McShane, urged the City Council to vote yes to sell water to the Lummi nation. The facilities are already in place. Emily Merrill, stated that the incarceration rate is already very high for Whatcom County. She is opposed to the building of a new jail facility. Cora Cole, specifically objected to the planned beds that will be reserved for persons with mental health problems in the jail facility. She feels those people should not be cared for in the jail facility. Amy Glasser, objected to the jail use facility agreement. Urged the Council to fix the current jail facility. Andrew Eckels, shared that he believes mass incarceration is a result of "backlash of the Civil Rights Movement." He expressed that offenses are not warranted compared to the actions or crimes committed and we do not need a large jail facility. He also objected to the location of the new jail facility. City of Bellingham Regular City Council Meeting Page 3 of 8 7/10//2017  Planning 21621 1. Council Planning Committee Work Session on Residential Renter Barriers/Concerns Gene Knutson / Pinky Vargas moved to direct staff to develop an ordinance that would include the following:  Landlords provide a longer time for notice of rent increases  Landlords provide a longer notice to vacate with no cause  Source of income discrimination that is modeled after the City of Vancouver's ordinance  Distribute information along with voter registration and tenants' rights brochures MOTION CARRIED 7-0. Gene Knutson / Roxanne Murphy moved to direct the legislative analyst, along with staff, to develop a presentation for Council's consideration regarding potential mass residential vacations of low-income tenants and potential incentives to ensure low- income tenants are protected in the future upon the event they need to vacate due to unforeseen circumstances. This work should include tax credit properties, value and age of structure of mass rental properties and other residential rental properties subject to reinvestment. MOTION CARRIED 7-0. City Council Special Meeting 21655 1. Closed Record Hearing to Consider a Petition to Vacate the Southerly 20 Feet of Cody Avenue Between 20th and 22nd Streets The Council accepts the Hearing Examiner's findings and recommendations to vacate the street seeing no public need for it. In addition, the Hearing Examiner recommends the accurate value to compensate the public for the land in the amount of $23,836.00. The Council accepts this recommendation and is outlined in the ordinance. Gene Knutson / April Barker moved approval for first and second reading of the ordinance. MOTION CARRIED 7-0. Council Standing Committee Meetings: Public Works / Public Safety 21656 1. Bid Award for West Maplewood Avenue Multimodal Improvements ES-0517, Bid 20B-2017 City of Bellingham Regular City Council Meeting Page 4 of 8 7/10//2017  Terry Bornemann / April Barker moved to award Bid No. 20B-2017 for West Maplewood Avenue Multimodal Improvements ES-0517 to Ram Construction General Contractors of Bellingham as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid, which is $2,465,052.85, which includes any applicable WSST. MOTION CARRIED 7-0. Finance and Personnel 21657 1. Receipt and Spending of a Grant from Washington Traffic Safety Commission for Distracted Driving in the Amount of $63,360 Roxanne Murphy / Gene Knutson moved to authorize the receipt and spending of a Grant from Washington Traffic Safety Commission for Distracted Driving in the amount of $63,360.00. MOTION CARRIED 6-0, Terry Bornemann excused. Parks and Recreation 21658 1. A Community Park in Cordata Master Plan Adoption Gave direction to staff. Information only. 21659 2. Rejection of Bid for Whatcom Falls Park Woburn Trail & Parking, Bid #26B-2017 April Barker / Roxanne Murphy moved to reject the bid for Whatcom Falls Park Woburn Trail and Parking due to lack of project funding. Staff will re-bid the project December 2017/January 2018, when market conditions improve. MOTION CARRIED 6-0, Terry Bornemann excused. 21660 3. Update on Parks Level of Service Study and Other Work Program Items At a later meeting, Park Impact Fees will be examined, as well as the Parks Prescription Program. Information only. Community and Economic Development 21661 1. 2018-2022 Consolidated Planning Process Update and Discussion The plan is up for review every five years as required by HUD to guide the Planning Project and Programs funded by the federal Community Development Block Grant (CDBG). This aids in creating strategies to develop affordable housing within the City of Bellingham. Council Member Vargas urged residents to participate in the process by taking the online survey which can be found at: City of Bellingham Regular City Council Meeting Page 5 of 8 7/10//2017  www.cob.org/cpupdate Survey input will be taken into consideration for how grant funds will be spent. This process will be ongoing throughout the year. Information only. Committee Of The Whole 21662 1. Memorandum of Agreement Between City of Bellingham and Whatcom County Regarding Their Commitment to Incarceration Reduction and Prevention Michael Lilliquist / Gene Knutson moved to approve the agreement if the Jail Facility Finance Use Agreement (JFFUA) is approved by the City Council with the Mayor's signature dependent upon the County Council's approval of the Memo of Agreement and the agreement is contingent upon the modification in the following two ways:  Add to the second recital the GRACE program and the adoption of the pre-trial assessment tool.  Add the word "prevention" after "incarceration" in Item B on page 133. MOTION CARRIED 7-0. 21266 2. Interlocal Jail Facility Financing and Use Agreement Gene Knutson / Terry Bornemann moved approval. MOTION CARRIED 5-2, April Barker and Dan Hammill opposed. 21663 3. Whatcom County Jail Ballot Ordinance Information only. 4. Approval of City Council Committee and/or Special Meeting Minutes No minutes were presented for consideration. 5. Old/New Business Roxanne Murphy announced that the ballot petition, I - 1552 failed and will not go on the November ballot. Pinky Vargas thanked all who attended the Bellingham Pride Parade this past weekend. City of Bellingham Regular City Council Meeting Page 6 of 8 7/10//2017  April Barker mentioned that a new committee will be formed, a Justice Committee to work on various social issues. Chair members will be appointed at a later meeting to be announced. Executive Session - Report and Action only. 1. Litigation: Swatosh v. City of Bellingham, et al. Staff provided information on a litigation matter. For information and discussion. No action taken. 2. Potential Litigation (Claim No. 2017-22) Staff provided information on a potential litigation matter. For information and discussion. No action taken. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 21664 1. The Mayor's Reappointment of Edmund Sullivan to the Parks & Recreation Advisory Board (Information) The Mayor reappoints Edmund Sullivan to his first full term to the Parks & Recreation Advisory Board, which will expire on July 8, 2020, 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. 21665 1. Authorization of Payroll Labor Cost Payments Dated May 26, 2017 - June 9, 2017 21666 2. Authorization of Payroll Labor Cost Payments Dated June 10, 2017 - June 23, 2017 21667 3. Authorization of A/P Checks Issued June 16, 2017 21668 4. Authorization of A/P Checks Issued June 23, 2017 City of Bellingham Regular City Council Meeting Page 7 of 8 7/10//2017  21669 5. Authorization of A/P Checks Issued June 30, 2017 Dan Hammill / Roxanne Murphy moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Adjournment There being no further business, the meeting was adjourned at 8:55 pm. Michael Lilliquist, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: July 24, 2017 City of Bellingham Regular City Council Meeting Page 8 of 8 7/10//2017