City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes June 22, 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 7:00 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 Member Huthman. 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 Lisa Anderson, Fifth Ward Council Member Michael Lilliquist, Sixth Ward Council Member Hollie Huthman, At-Large Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 22667 1. Mayor's Appointment of Chris Kobdish to the Bellingham-Whatcom County Commission on Sexual and Domestic Violence (Approval) Daniel Hammill / Lisa Anderson moved to approve the Mayor's appointment of Chris Kobdish to her first partial term on the Bellingham-Whatcom County Commission on Sexual and Domestic Violence, which will expire on January 31, 2023, at which time she may be reappointed. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 1 of 8 6/22/2020 Minutes 22668 2. Mayor's Appointment of Alycia Hawkins, Kaylee Galloway and Cassidy Thorton to the Community Development Advisory Board (Information) The Mayor appoints Alycia Hawkins to her first partial term, on the Community Development Advisory Board, which will expire on August 21, 2020, at which time she may be reappointed. The Mayor appoints Kaylee Galloway to her first partial term, on the Community Development Advisory Board, which will expire on July 17, 2020, at which time she may be reappointed. The Mayor appoints Cassidy Thorton to her first partial term, on the Community Development Advisory Board, which will expire on October 1, 2020, at which time she may be reappointed. Information only. Mayor Fleetwood announced that he is happy to report he has appointed Nicole Oliver to the Parks and Recreation Director position. She has worked as the Interim Parks and Recreation Director since January and done an excellent job leading the City Parks Department through this challenging time. The Mayor thanked Council Members Lilliquist and Council Member Vargas for their assistance to the Bellingham Assistance Team. They helped to craft criteria for spending and allocation of the assistance funds that have been made available to help local businesses. As to date, 14 sidewalk cafe and parklet permits have been submitted. Over half of those have been issued in the past ten days. Customers and residents have given positive feedback regarding the Fairhaven and Downtown Green Cone program. Businesses on 10th Street in Fairhaven have applied for a partial street closure for business use. Business owners along Railroad Avenue between Holly and Magnolia have agreed to a plan to use parking stalls to use outdoor dining. Business owners along lower Holly Street near Commercial and Bay Streets have come together to propose closure of parking stalls and partial and/or full closure of the street for their business uses. Discussions will continue. Business owners on State Street between Holly and Chestnut have expressed interest in expanding sidewalk dining options. An organized listening session on race and equity is being planned. The Mayor intends to convene a planning meeting to commit to a date and time for the session. Mayor Fleetwood reported that he answered a number of questions from the Bellingham Herald. The Herald reported the article with a focus on police accountability. He underscored that the City has an excellent police force which is City of Bellingham Regular City Council Meeting Page 2 of 8 6/22/2020 Minutes  made up of professionals who are dedicated, highly trained, competent, and well- intentioned members. They are committed to the community they serve. Presentation 22593 1. Update on COVID-19 Response The Mayor introduced Library Director, Rebecca Judd. She shared a multimedia community wide initiative to gather and record unique experiences of life during the COVID-19 pandemic. There are three goals for the project. They are to create as many ways for community members to participate under one umbrella, inspire broad participation, and to create an archive that will serve as a resource to future generations. It is called Peoples' Perspectives. The website can be found at: https://www.wcls.org/covidperspectives Erika Lautenbach, Whatcom County Health Director, reported that the Public Health Advisory Board Task Force for employer support has been a successful group. Whatcom County Health Department has developed a logo decal that is available for businesses. Businesses that have taken the pledge to follow the Advisory Board's best practices can display the logo in their storefronts. Unfortunately, the Health Department has seen an increase in COVID-19 cases in the past week. A lot of them have been due to workplace and social spread. Due to the increase of cases, Whatcom County is not eligible to apply for Phase 3 this Friday. Council Members asked questions and provided comments. Public Comment Period Public Comment was taken. Council Standing Committee Meetings: Committee of the Whole Gene Knutson, Chair Hannah Stone, Daniel Hammill, Pinky Vargas, Lisa Anderson, Michael Lilliquist, Hollie Huthman 22669 1. Bid Award for Squalicum Creek Reroute Phases 3 and 4, BID #34B-2020 Gene Knutson / Daniel Hammill moved to award Bid No. 34B-2020 for Squalicum Creek Reroute Phases 3 and 4, to Tiger Construction, LTD of Everson, 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 $1,767,726.76, which includes any applicable WSST. City of Bellingham Regular City Council Meeting Page 3 of 8 6/22/2020 Minutes  MOTION CARRIED 7-0. 22670 2. Ordinance Amending the Bellingham Municipal Code Chapter 15.14 Regarding the City’s Industrial Wastewater Pretreatment Program Gene Knutson / Lisa Anderson moved for first and second reading. MOTION CARRIED 7-0. 22671 3. A Work Session to Consider Options for the "Family" Definition Discussion during Committee. Council provided direction that in relating to the housing issue, the definition of family should change. Staff will bring forth the item for further discussion at a later work session. 22672 4. Resolution Authorizing the City to Apply for and Enter into a Washington Wildlife and Recreation Program Grant for Assisting with Development of Cordata Community Park, Phase Two Gene Knutson / Hannah Stone moved final approval of Resolution #2020-21. MOTION CARRIED 7-0. 22673 5. Resolution Authorizing the City to Apply for and Enter into a Washington Wildlife and Recreation Program Grant for Assisting with the Acquisition of the Bakerview Nursery Property for Future Park Development Gene Knutson / Hollie Huthman moved final approval of Resolution #2020-22. MOTION CARRIED 7-0. 22674 6. Authorization of Cordata Church Trail Easement Gene Knutson / Hannah Stone moved to approve the authorization of Cordata Church Trail Easement. MOTION CARRIED 7-0. 22675 7. Ordinance Authorizing Acquisition by Eminent Domain of Property for the Purpose of Extending Orchard Drive/Birchwood Avenue Gene Knutson / Hannah Stone moved for first and second reading. City of Bellingham Regular City Council Meeting Page 4 of 8 6/22/2020 Minutes  MOTION CARRIED 7-0. Council Member Vargas noted that the use of eminent domain is not ideal. The contract is due to expire. Because of the limitations of the grant, the contract negotiations must be made as soon as possible but they are hoping not to use eminent domain. 22676 8. Discussion of Public Health, Safety, and Justice Committee Priorities for the Remainder of the Year Discussion during Committee. Council Member Hammill outlined the committee priorities for the remainder of the year. The priorities include a desire to maintain a big picture perspective on emergent items within the sphere of community health, safety, and justice. A list of potential topics was presented during Committee. Information only. 22677 9. Review of Bellingham Police Use of Force Policy Presentation during Committee. Lieutenant Almer presented information on the Police Department's Use of Force policy. The Bellingham Police Department adheres to Federal and State laws, duty to intercede, de-escalation for those in crisis, verbal warnings, rendering first aid, thorough reporting and review process, transparency on statistics, and the entire policy manual is reviewed by the Legal Department and subject matter experts. Changes are made that fit our community. Since 1990, the Bellingham Police Force use of force is less than 0.4%. Policies are more progressive and restrictive. Training is more frequent and requirements more stringent. Information only. 10. Approval of Minutes Michael Lilliquist / Daniel Hammill moved approval of the June 8, 2020 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 11. Old/New Business Council Member Stone, attended the Transportation Commission meetings last week and commended the City staff on their presentations. She appreciates the collaborative efforts of the Commission that is people centered and reaches out to low-income families to provide services. City of Bellingham Regular City Council Meeting Page 5 of 8 6/22/2020 Minutes  Council Member Vargas, charged everyone to lead by example and wear masks when out in public. Since there will not be another City Council meeting until after July 4th she reminded all that fireworks are prohibited within the City of Bellingham. Council Member Lilliquist, reported how the WTA Board has responded to COVID-19 pandemic. Ridership initially dropped by 80% and has steadily increased as people return to work. A reduced level of service is expected at least through September. Drivers regularly masks and shields have been installed near the drivers. No fair is being collected and riders enter from the back of the bus rather than the front. The CARES Act will get WTA through the end of the year. WTA expected to remain solvent through the end of the year with healthy financial reserves. Executive Session – Report and Action only. 1. Litigation: Ginn v. City of Bellingham et al. Staff provided information on a litigation matter. For information and discussion. No action taken. 2. Potential Litigation: Staff provided information on a potential litigation matter. Daniel Hammill / Hollie Huthman moved to authorize the Mayor to enter into a settlement agreement with the following terms: resolution of claim number 2020-23 for the payment of $210,408.19 to the claimant for property damages related to a water main break. MOTION CARRIED 7-0. 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. 22678 1. Authorization of A/P Checks Issued June 04, 2020 22679 2. Authorization of Puget Sound Energy Easement 22680 3. Amendment to Interlocal Agreement 2017-0691 22681 4. Bid Award DES-01219 for Indefinite Delivery, Indefinite Quantity (IDIQ) Elevator Inspection, Maintenance and Repair Services City of Bellingham Regular City Council Meeting Page 6 of 8 6/22/2020 Minutes 22682 5. Bid Award for Indefinite Delivery, Indefinite Quantity (IDIQ) Heating Ventilation Air Conditioning (HVAC) Maintenance and Repair Services, BID #25B-2020 22683 6. Interlocal Agreement Between the City of Bellingham and the Port of Bellingham for Cornwall Avenue Landfill Sea-Level Rise Assumptions 22684 7. Interlocal Agreement Between the City of Bellingham and Whatcom County for Boat Patrols on Lake Whatcom and Lake Samish to Help Prevent the Spread of Aquatic Invasive Species Daniel Hammill / Pinky Vargas moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 22648 1. An Ordinance Increasing Appropriations and Transferring Funds to Fully Fund the Central Library Refurbishment 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: AYES: Knutson, Stone, Hammill, Vargas, Anderson, Lilliquist, Huthman NAYS: (None) EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance #2020-06-014. 22651 2. An Ordinance Increasing Appropriations and Estimate Revenues in the General Fund for Relocation of the Drop-in Shelter 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: AYES: Knutson, Stone, Hammill, Vargas, Anderson, Lilliquist, Huthman NAYS: (None) EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance #2020-06-015. City of Bellingham Regular City Council Meeting Page 7 of 8 6/22/2020 Minutes Adjournment There being no further business, the meeting adjourned at 8:14 p.m. Gene Knutson, Council President ATTEST: Elisabeth Oakes, Deputy City Clerk APPROVED: 7/6/2020 City of Bellingham Regular City Council Meeting Page 8 of 8 6/22/2020 Minutes