City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 12/04/2017, 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. 1. The City Council's Annual Reorganization Meeting will take place on Monday, January 8 with discussion at 1 p.m. in the Mayor's Boardroom and a swearing-in ceremony at 7 p.m. in Council Chambers. 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: City of Bellingham Regular City Council Meeting Page 1 of 12 12/4/2017  Presentation 21797 1. Introduction of David Doll as Chief of Police Mayor Linville introduced Chief David Doll as the City's new Chief of Police. Information only. Public Hearing 21778 1. Public Hearing Regarding an Ordinance Adopting Protections for Residential Tenants Peter Ruffatto, City Attorney, explained the elements of the proposed ordinance and addressed the policy basis for the ordinance. Council President Lilliquist opened the public hearing. Greg Winter, commended Council for proposing the ordinance. He recommended that escalating penalties be included in the enforcement of the ordinance to encourage compliance. Anna Kemper, local liaison for the Associated Students of Western Washington University, asked the City Council to pass the ordinance and include a section that requires landlords provide voter registration information to each tenant upon move-in. Chris Deile, expressed disappointment that the ordinance won't apply to him. He relayed his experience of being homeless and feels rent control would be helpful. Galen Herz, thanked Council members who worked on the ordinance. He would like robust enforcement of the ordinance and asked which agencies will aid in enforcement to help tenants seek justice if they've been wronged. He advised that changing zoning laws would allow for more housing types. He added that the City should stop sweeps of homeless camps and provide a safe place for persons experiencing homelessness to camp with basic amenities. Cecilia Meadows, has been a landlord in Bellingham for over fifty years. She relayed her costs for maintenance as a landlord. She tries to keep rents reasonable, but there are taxes and high water bills. Adrienne Solenberger, thanked Council for drafting the ordinance for the protection of tenants. Through her job at the Opportunity Council, she offers help to people who are facing housing discrimination. City of Bellingham Regular City Council Meeting Page 2 of 12 12/4/2017  Theresa Meurs, thanked Council for the proposed ordinance. She relayed experiences of persons experiencing homelessness. They have or had vouchers that expired and were discriminated against because of their voucher. She feels this ordinance is a good first step to help many. Greta Merkel, supports the ordinance. Rosa Rice-Pelepco, supports the demonstration at City Hall to end sweeping of homeless camps. She supports the ordinance and asked that it include a mandate that landlords provide voter registration information to tenants upon move-in. Cora Cole, thanked Council for a step in ending housing discrimination. She feels it is very important because the housing and rental market is very tight. This will give a leg up to low income tenants fighting to get a rental home in Bellingham. Giovanna Orecchio, feels the ordinance is very helpful in aiding persons who have housing vouchers. She supports the 90-day notice for rent increase provision in the ordinance. Mike Parker, feels that homelessness and housing are a connected issue. He thanked the Council for putting together work groups that worked on the ordinance. John Harmon, Executive Director of the Bellingham Housing Authority, expressed that this is not a landlord vs. tenants situation, but because the rental market is tight, it is difficult for both parties. The Housing Authority can only help a limited amount of persons due to funding. They have to use a lottery system to distribute vouchers. It is not ideal but necessary. He urged all to have patience and a spirit of cooperation to help with a difficult situation. Jesse Worland, feels more can be done to guarantee housing for all. If our social programs do not work, we need a systematic change. John Ramsey, voiced concerns about the ordinance. He expressed that there is a lack of supply. New regulations create a hindrance for developers and investors and less regulation is needed. Michael Chiavario, thanked the Council for proposing the ordinance. He thinks the speculation of real estate leads to less supply and would like more land trusts. April McCabe, relayed her experience as a case manager at the Opportunity Council. She spoke in support of the ordinance. She expressed concern about how the ordinance will be enforced. City of Bellingham Regular City Council Meeting Page 3 of 12 12/4/2017  Cal Leenstra, stated that the supply is low and demand is high for real estate. Using regulation will make it harder to build more homes in the city of Bellingham and raise the cost of renting. Nikki D'onofrio, relayed that she is familiar with the housing issue because she helps renters who need legal assistance. She strongly supports the proposed ordinance. She believes more notice of rent increases and ending of leases will help to keep people housed. Kate Dunphy, urged the Council to pass this ordinance. Stephen Gockley, feels persons of low income experience many unnecessary barriers that undermine stability. By adopting the ordinance, it will help those that are most vulnerable in the tight rental market. Robin Meyer, expressed concerns for the loopholes in which landlords may find in order to deny housing vouchers. She stills supports the ordinance and urged Council to pass it. Rev. David Weasley, pastor at First Congregational Church of Bellingham, would like to see collaboration with the Bellingham Tenant's Union to have strong enforcement of the ordinance. Kelly Owen, a senior attorney at NW Justice Project, represents low income tenants. She is pleased with the ordinance and feels it will help. She spoke to specific areas of the ordinance that she feels are most helpful. Dianne Foster, spoke in support of the ordinance. Dick Conoboy, member of the Veteran's Board, spoke about his support of the Tenant's Union and ordinance. Jeff Thompson, landlord to properties in Bellingham, feels he should have the right to rent to whomever he wants. In his ten years of experience as a landlord, he has had many years where he did not have enough rental income to pay the other mortgage or for repairs. He feels he has the right to know where rental income is coming from. Kelly Krieger, expressed that the housing need is a crisis and she is in full support of the ordinance. She thanked Council for bringing forth the ordinance and feels it is only one part of the problem. We still need more available housing. Leslie Shoe - Black, relayed her problems with mental illness and her problems being evicted. City of Bellingham Regular City Council Meeting Page 4 of 12 12/4/2017  Joe Jeffrey, feels the price of real estate is distorted, it is not a pure market. Sara Gooden, relayed that she works in Bellingham and is a recipient of subsided housing. She feels that income inequality is a problem and she is in full support of the ordinance. Theresa Manseur, expressed that we need more homeless shelters. There being no further comments, the public hearing was closed. Terry Bornemann / Gene Knutson moved to forward the agenda item to the first full meeting in January 2018 (on Jan 22) for further discussion. Terry Bornemann / Gene Knutson amended the motion to add a preliminary discussion of the issue at the next December meeting in a work session in addition to the first full meeting in January. There being no objection, the amendment was adopted by unanimous consent. MOTION CARRIED 7-0. 15-Minute Public Comment Period Chris Deile, discussed his case about unrestrained pets. He feels that the Whatcom County Humane Society did not follow procedures that are outlined by Whatcom County. The County dismissed the case. Jennifer Mansfield, advocated for persons experiencing homelessness. She feels we need to give people a sense of community in our city and supports Homes Now, Not Later. Jonah Longhorn, spoke about societal ills. James Peterson, President of Homes Now, Not Later, thanked the Parks Department for allowing them to use a facility at Maritime Heritage Park for their meetings. They organized the Sleep Out at City Hall. They would like a place for persons experiencing homelessness to sleep safely, allow for portable toilets and spaces for belongings to be locked up. David Morse, became homeless a few months ago. He asked for 24-hour access to a bathroom, a safe place to lock up belongings, and clean clothes. He feels that he cannot get out of the cycle of homelessness. Laura Rawes, supports the homeless sleeping and demonstrating on the lawn of City Hall. City of Bellingham Regular City Council Meeting Page 5 of 12 12/4/2017  Shovia Muchirawehondo, feels we should listen to the both sides of the issue and enlist a training process for both landlords and renters. Doug Gustafson, with Homes Now, Not Later, explained that the basic need of shelter is a market that cannot be managed due to supply and demand. He believes that when it is not approached as a way to yield profit, it will be easier to build affordable shelters for all. Amy Glasser, spoke about the homeless camp out at City Hall. She feels that the collective population outside has been cooperative. She requested that Homes Now, be given access to property to do a pilot project that would allow toilets and dumpsters for a camp, and asked that it be allowed as soon as possible. Dawn Torey, thanked people for providing tents for sleeping at City Hall. She asked that the timers on the bathroom be reconsidered because it is inconvenient. Gregory Clark, requested that the pay phones be working so that anyone can dial 911 if needed, and access to bathrooms after 6:00 p.m., and water fountains. Council Standing Committee Meetings: Justice 21788 1. Discussion on Draft Resolution of Guiding Principles for Justice and Justice Related Systems Discussion during Committee. Due to much public comment and interest, the Committee will continue to accept feedback and work on revising the draft. To be discussed further at the next meeting. 21798 2. Request to Convene Jail Stakeholders April Barker / Dan Hammill moved to direct Mayor to work with Sheriff Elfo to develop a small working committee that resembles the Jail Stakeholder Task Force that will develop short term solutions to facility capacity and long term objectives for alternatives to incarceration. MOTION CARRIED 7-0. 21799 3. Criminal Justice and Public Safety Impacts to the City Budget Information only. Council Member Barker reported that during Committee, she requested the Mayor work with staff to develop an alternative plan or "Plan B" for temporary booking and holding, as well as look into the cost of an additional staff City of Bellingham Regular City Council Meeting Page 6 of 12 12/4/2017  position to relieve attorney and municipal court workloads. This was a suggestion only and no direction to staff was affirmed or voted on. Public Works / Public Safety 21800 1. Bid Award for Sehome Hill Communications Tower Replacement Re- Bid, Project EK-0001, Bid 48B-2017 Terry Bornemann / Dan Hammill moved to award Bid No.48B-2017 for Sehome Hill Communications Tower Replacement Re-Bid to Award Construction Inc., of Ferndale, Washington, 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 $730,464.00, which includes any applicable WSST. MOTION CARRIED 7-0. Finance and Personnel 21801 1. Lake Padden Golf Course 2018 Budget Amendment Roxanne Murphy / Dan Hammill moved approval for first and second reading. MOTION CARRIED 7-0. Parks and Recreation 21802 1. Bid Award for Bloedel Donovan Park Floating Dock and Piling Replacement, Bid #61B-2017 April Barker / Roxanne Murphy moved to award Bid No. 61B - 2017 for Bloedel Donovan Park Floating Dock and Piling Replacement to Bellingham Marine Industries of Ferndale, Washington, 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 $359,769.83, which includes any applicable WSST. MOTION CARRIED 7-0. 21803 2. Resolution to Increase Fees at Arne Hanna Aquatic Center April Barker / Pinky Vargas moved final approval of Resolution # 2017-40. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 7 of 12 12/4/2017  21804 3. Strategic Plan and Project Expenditure Guidelines - 2017-2018 Greenway Program April Barker / Dan Hammill moved to approve the Strategic Plan and Project Expenditure Guidelines - 2017/2018 Greenway Program. MOTION CARRIED 7-0. Committee Of The Whole 21787 1. An Ordinance Amending the 2017-2018 Biennial Budget, Providing for Adoption of the Mid-biennium Adjustments to the Biennial Budget Pursuant to the Terms of RCW 35.345.130 Michael Lilliquist / Gene Knutson moved approval for first and second reading. MOTION CARRIED 7-0. 21805 2. Discussion of a Shoreline Master Program Limited Amendment that Originated in 2013 Discussion during Committee. Information only. 21806 3. A Summary of Bellingham City Council Activities from 2017 Discussion during Committee. Priorities and activity summaries of 2017 were discussed. Information only. 21807 4. Council Discussion on Committee Structure Discussion during Committee about how committees may be restructured for the new year. A recommendation to recombine committees. Lake Whatcom and Natural Resources will fall under the Public Works Committee, Public Safety will be a stand- alone committee, and the Planning Committee will combine with the Community and Economic Development Committee. Information only. 5. Approval of City Council Committee and/or Special Meeting Minutes Gene Knutson/ Roxanne Murphy moved approval of the November 13, 2017 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 8 of 12 12/4/2017  6. Old/New Business Pinky Vargas announced that the City of Bellingham has made the list of the Top 10 cities that entered to win the Georgetown University Energy Prize. Michael Lilliquist reported that at the Council's request, the County is convening its Homeless Strategies Workgroup. The first meeting will be December 14th, 2017. He will be attending along with Council Member Hammill and Mayor Linville. Executive Session - Report and Action only. 1. Potential Property Acquisition Staff provided information on a potential property acquisition. Action: Roxanne Murphy / Gene Knutson moved to authorize the purchase of a 17.5 acre watershed parcel from Richard W. Maxwell, Ann E. Maxwell and James Maxwell for $640,000, with an anticipated closing date of January 10, 2018. MOTION CARRIED 7-0. 2. Potential Property Acquisition Staff provided information on a potential property acquisition. For information and discussion. No action taken. 3. Collective Bargaining Contract Negotiations, WhatCOMM Guild: Staff provided information on the proposed collective bargaining agreement between the City and WhatCOMM Guild. Action: Dan Hammill / Terry Bornemann moved to ratify the agreement with the following general terms: WAGE INCREASES: 0.5% July 1, 2017* 4% January 1, 2018 2% January 1, 2019 The parties also agreed to convert an Attendant Bonus to a 1.75% increase in wages effective January 1, 2018. City of Bellingham Regular City Council Meeting Page 9 of 12 12/4/2017  *each member of the bargaining unit employed on December 4, 2017 will receive a one-time signing bonus in the amount of $1,200 on their first paycheck following ratification. BENEFITS: The employer's contribution towards health insurance premiums in 2017 will increase by 5% above the contribution rate in 2016. The employer's contribution towards premiums in 2018 will increase by 5% from the contribution rate in 2017. The employer's contribution towards premiums in 2019 will increase by 5% from the contribution rate in 2018. MOTION CARRIED 7-0. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. Mayor Linville stated she appreciates the vote to approve the amended biennial budget. A list of recommendations from the camping participants that advocate for persons experiencing homelessness was presented to Council and the Mayor. Mayor Linville discussed items on the list from easiest to hardest. A location for parking vehicles and campers is high on her priority list. 21808 1. Mayor's Reappointment of Richard Davis, III to the Civil Service Commission (Approval) Gene Knutson / Pinky Vargas moved approval of the Mayor's reappointment of Richard Davis, III, to his first full term on the Civil Service Commission, which will expire on January 1, 2023, at which time he may be reappointed. MOTION CARRIED 7-0. 21809 2. Mayor's Reappointment of Alexis Blue and Appointment of Kelli Hall to the Parks & Recreation Advisory Board (Information) The Mayor reappoints Alexis Blue to her first full term on the Parks and Recreation Advisory Board, which will expire on November 25, 2020, at which time she may be reappointed. City of Bellingham Regular City Council Meeting Page 10 of 12 12/4/2017  The Mayor appoints Kelli Hall to her first term on the Parks and Recreation Advisory Board, which will expire on December 1, 2018, at which time she may be reappointed. Information only. 21810 3. Mayor's Reappointment of Elaine Woods to the Community Development Advisory Board (Information) The Mayor reappoints Elaine Woods to her first full term on the Community Development Advisory Board, which will expire on December 9, 2020, at which time she may be reappointed. Information only. 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. 21811 1. Authorization of Payroll Labor Cost Payments Dated October 26, 2017 - November 9, 2017 21812 2. Authorization of A/P Checks Issued November 9, 2017 21813 3. Authorization of A/P Checks Issued November 17, 2017 21814 4. Interlocal Agreement Between The City of Bellingham and Whatcom County Parks Department for the Use of the Plantation Rifle Range Gene Knutson / Roxanne Murphy moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Confirmation and Ratification of Ordinance 21776 1. An Ordinance Relating to the Levying of Taxes and Establishing the Amount to be Raised in 2018 on the Assessed Valuation of the Property Within the City Michael Lilliquist / Roxanne Murphy moved to ratify Ordinance #2017-11-027. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 11 of 12 12/4/2017  Adjournment There being no further business, the meeting was adjourned at 9:45 pm. Michael Lilliquist, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: January 8, 2018 City of Bellingham Regular City Council Meeting Page 12 of 12 12/4/2017