City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes March 23, 2020, 7:00 PM Mayor Seth Fleetwood Contact: (360) 778-8200, ccmail@cob.org Council Members Hannah Stone, Gene Knutson, Daniel Hammill, www.cob.org/council Pinky Vargas, Lisa Anderson, Michael Lilliquist and All meetings are held in the City Hall Council Chambers at Hollie Huthman 210 Lottie Street, Bellingham, WA, unless otherwise noted. Please note the doors to City Hall unlock at 6:30 PM. Call to Order The meeting was called to order by Council President Knutson at 7:25 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 Knutson. Roll Call Present: Council President Gene Knutson, Second Ward Council Member Hannah Stone, First Ward Council Member Daniel Hammill, Third Ward Council Member Pinky Vargas, Fourth Ward Council Member Michael Lilliquist, Sixth Ward Council Member Hollie Huthman, At-Large Excused Council Member Lisa Anderson, Fifth Ward Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. Mayor Fleetwood announced that the Governor issued a Stay-at-Home order this evening. The Mayor thanked all staff for their help with the COVID-19 crisis response. At the next meeting, the Mayor will present an ordinance for consideration that will add $500,000 towards the City's Emergency Management budget to ensure the team City of Bellingham Regular City Council Meeting Page 1 of 6 3/23/2020 Minutes  is not constrained by their current budget and can provide an effective and quick response to the crisis. Due to the pandemic, the Light House Mission's Drop-In Center was deemed inadequate for social distancing. For the health and safety of the population that uses the Center, the Bellingham High School has been chosen as a site for the Drop-in Center. Whatcom Transit Authority (WTA) is offering transportation services to the High School. As of last Friday, the High School is open and operational as a drop-in center. It is working well. Mayor Fleetwood thanks all members of Unified Command, the School District, the Lighthouse Mission, and WTA for their coordinated efforts to help set up the High School as a drop-in center. The Food Bank will be reopening for service with some adjustments that create social distancing. Unity Village in Fairhaven will stay in place until July 2021. Due to the COVID-19 crisis there is little time or resources to dedicate to moving the Village. Mark Gardner, Legislative Analyst, will be assisting the Mayor's administration by evaluating the status of relief packages from both the federal and state government. 22610 1. Mayor's Appointment of John LaSpina and Joseph Hayes to the Mayor's Neighborhood Advisory Commission (Information) The Mayor appoints John LaSpina to his first term, serving as the Cordata Neighborhood Primary Representative, on the Mayor's Neighborhood Advisory Commission. His appointment expires March 3, 2022, at which time he may be reappointed. The Mayor appoints Joseph Hayes to his first term, serving as the Sehome Neighborhood Primary Representative, on the Mayor's Neighborhood Advisory Commission. His appointment expires April 4, 2022, at which time he may be reappointed. Presentation 22593 1. Update on COVID-19 from Bellingham Emergency Management Police Chief, David Doll, provided an update on emergency operations. He is serving as chair of the City of Bellingham Operations Group; a group that formed to ensure continuity of city government as a result of current COVID-19 pandemic. Bill Hewett, Fire Chief, Nicole Oliver, Interim Parks Director, Erika Lautenbach, City of Bellingham Regular City Council Meeting Page 2 of 6 3/23/2020 Minutes  Director of the Whatcom County Health Department, Lynn Sterbenz, Emergency Manager, all gave response updates on the COVID-19 crisis. Lynn Sterbenz provided answers to questions that Council Members submitted. Information only. 22607 2. Remote Attendance Procedures for Bellingham City Council Michael Lilliquist / Daniel Hammill moved approval of the remote attendance procedures for Bellingham City Council members. MOTION CARRIED 6-0-1, Lisa Anderson excused. 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. 22611 1. Interlocal Agreement with Whatcom County for Domestic Violence Perpetrator Treatment Services 22612 2. Authorization of Payroll Labor Cost Payments for the Period Dated February 1 – February 15, 2020 22613 3. Authorization of Payroll Labor Cost Payments for the Period Dated February 16 – February 29, 2020 22614 4. Authorization of A/P Checks Issued March 06, 2020 22615 5. Authorization of A/P Checks Issued March 13, 2020 Michael Lilliquist / Pinky Vargas moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0-1, Anderson excused. Final Consideration of Ordinances 22601 1. An Ordinance Amending Bellingham Municipal Code Section 6.04.105 to Extend Indefinitely the City's Urban Village Phased Business and Occupations Tax Credit Daniel Hammill / Pinky Vargas 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 3 of 6 3/23/2020 Minutes  AYES: Knutson, Stone, Hammill, Vargas, Lilliquist, Huthman NAYS: (None) EXCUSED: Anderson MOTION CARRIED and was thereafter named Ordinance #2020-03-007. 22608 2. Consideration of an Emergency Ordinance to Allow Public Facilities in the City to be Used to Provide Temporary Shelter for People Experiencing Homelessness and Other Services Needed to Respond to the COVID-19 Pandemic Peter Ruffatto, City Attorney, discussed the revised ordinance for consideration. On page 3, he clarified it now states, "WHEREAS, to preserve and protect public health and safety during the COVID-19 pandemic, on March 20, 2020, the Mayor issued an Executive Order allowing him to authorize the use of public facilities, whether owned by a governmental entity, leased by a governmental entity, or used under a license by a governmental entity, to provide temporary shelter to people experiencing homelessness and other services needed to respond to the COVID-19 pandemic..." This allows the City to move through procedural requirements relating to zoning. He noted that in the Emergency Order and the confirmation of the Order, only the Mayor can authorize the use of these facilities in the ordinance. Daniel Hammill / Pinky Vargas moved approval for third and final reading. Council President Knutson provided the following clarification: The Emergency Ordinance in the Council's agenda bill packet has been modified to reflect on March 20, 2020, Mayor Fleetwood issued an Executive Order allowing him to authorize the use of public facilities, whether owned by a governmental entity, leased by a governmental entity, or used under a license by a governmental entity, to provide temporary shelter to people experiencing homelessness and other services needed to respond to the COVID-19 pandemic is hereby confirmed. Included by not limited to food distribution, medical care and social services. Upon motion, said bill was placed on final passage and approved by the following roll call vote: AYES: Knutson, Stone, Hammill, Vargas, Lilliquist, Huthman NAYS: (None) EXCUSED: Anderson MOTION CARRIED and was thereafter named Emergency Ordinance #2020-03-008. City of Bellingham Regular City Council Meeting Page 4 of 6 3/23/2020 Minutes 22609 3. Consideration of an Emergency Ordinance Modifying Bellingham Municipal Code (BMC) Chapter 2.57, "Emergency Services Council," to Improve the City's Ability to Respond to Emergencies Peter Ruffatto, City Attorney, explained that the ordinance is brought before Council for consideration because as it currently stands, it is difficult to meet the timelines for confirmation of emergency orders. The ordinance does not add any emergency powers to the City of Bellingham or to the Mayor. It does not execute or implement any emergency orders. It does not invoke, execute, or implement any emergency orders such as those listed in BMC 2.57.060. The ordinance is intended to align emergency functions with the City Charter and with modern emergency response, including the Incident Command System and National Incident Management System. The ordinance reduces membership of the Council to the Mayor, the Director of Emergency Services, and the City Council President (or designee). The timeline for review of emergency action by the Emergency Service Council will be every 48 hours, but this period can be extended based on the nature of the emergency. The timeline for confirmation of mayoral orders requiring legislative action will be as soon as practicable following execution of the order. This order clarifies that mayoral orders that are primarily internal to City processes do not require legislative confirmation. Examples include proclamation of emergency; action authorized by BMC 2.57.060 (B) through (E); and action under RCW 38.52.070. Confirmation of emergency orders by legislative action is reserved for City Council which holds legislative authority under the City Charter. Michael Lilliquist / Pinky Vargas moved for the administration to provide a legal review of the constitutionality of section 2.57.060 of the Bellingham Municipal Code and report back to Council when completed. MOTION CARRIED 6-0-1, Lisa Anderson excused. Hollie Huthman / Michael Lilliquist moved the ordinance as presented with one amendment on page 3 under Section 2, Subsection C to read, "may extend the interval for reviewing such actions from 48 hours to a period not to exceed seven days,” and 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: Knutson, Stone, Hammill, Vargas, Lilliquist, Huthman NAYS: (None) EXCUSED: Anderson City of Bellingham Regular City Council Meeting Page 5 of 6 3/23/2020 Minutes  MOTION CARRIED and was thereafter named Emergency Ordinance #2020-03-009. Adjournment There being no further business, the meeting adjourned at 9:07 PM. Gene Knutson, Council President ATTEST: Elisabeth Oakes, Deputy City Clerk APPROVED: 4/13/2020 City of Bellingham Regular City Council Meeting Page 6 of 6 3/23/2020 Minutes