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City Council - Regular Meeting

Regular Meeting

Bellingham, WA · July 20, 2020

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Minutes

City of Bellingham City Council Regular Meeting Minutes July 20, 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. Pledge of Allegiance Led by Mayor Seth Fleetwood. 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 Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. Council President Knutson relayed the sad news, that Congressman, John Lewis, passed this past Saturday. He was a civil rights icon, marched with Martin Luther King, Jr., and will be missed. Council President Knutson led the meeting in observing a moment of silence in honor of John Lewis. Presentation 22593 1. Update on COVID-19 Response Mayor Fleetwood highlighted several projects that are underway. The Middle Fork Nooksack River Fish Passage Project has started. The Middle Fork Nooksack River Dam will be removed and will aid in salmon recovery. City of Bellingham Regular City Council Meeting Page 1 of 9 7/20/2020 Minutes A continuation of a sales tax that funds transportation improvements for another ten years will be on the November ballot. The ballot measure is for transportation improvements that may be funded with the two-tenths on one percent sales and use tax. Climate efforts continue on the recommendations of the Climate Task Force and the adopted Action Plan. Ten projects have been selected and will be brought forth for Council's consideration at the next August meeting. The public involvement process is also encouraged at the following August and September meetings. Listening series on race and justice are now scheduled. They are four sessions scheduled for: 7 - 9 p.m., Tuesday, July 28, 2020 6 - 8 p.m., Monday, August 10, 2020 11:00 a.m. - 1:00 p.m., Saturday, August 15 5:00 - 7:00 p.m., Tuesday, August 18 The Holly Street closure that was designed to help businesses thrive and use the open streets for dining options went live last Wednesday. The closure is between Commercial and Bay Streets on Holly Street. A county-wide partnership launched a grant program designed to help businesses impacted by COVID-19. The grant is funded by the CARES Act. Council Members Vargas and Lilliquist assisted a team that identified criteria to provide assistance to businesses and identified their eligibility. 2.6 million dollars will be available and $800,000 available to be used by childcare providers. The new Drop-in Center location located on Cornwall opened last Friday. Mayor Fleetwood thanked the Bellingham School District for the temporary use of the Bellingham High School as a shelter the past few months. He also thanked City staff, property owners, construction team and the Lighthouse Mission. Because COVID-19 cases have increased, and Whatcom County is not meeting the required criteria to enter into Phase 3 of the Safe Start plan. The City is considering a social marketing campaign to increase awareness of implementing compliance of safety procedures that limit the spread of the virus. Erika Lautenbach, Whatcom County Health Department Director, addressed the social marketing campaign idea that is being considered. It will be marketing aimed at behavioral changes. City of Bellingham Regular City Council Meeting Page 2 of 9 7/20/2020 Minutes Over the past two weekends, 1,814 people were tested for COVID-19 using the drive- thru facility. Last Saturday was the largest day of testing. About 70% were from Bellingham. 86% of those people had health insurance. 64.5% were there as a screening tool for various reasons. Some reasons were because they needed to return to work or travel and did not exhibit symptoms of the virus. The Employer Support Task Force has developed a campaign called Safer & Stronger Together campaign. More information can be found at https://whatcomtogether.org/ The Task Force heard from businesses that expressed a desire that they would like uniformed, consistent, Health Department information to provide to their customers and employees. Posters and decals were developed from that request. To date, the Health Department has received 1,247 requests from businesses around Whatcom County for these materials. Council Members asked questions. Nicole Oliver, Parks and Recreation Director, gave an update from her department. There was an executive order that was issued on April 24, 2020, by the Mayor, that cancelled the use of city facilities and reservable park spaces. The order runs through August 30, 2020. The Mayor has issued limited exceptions to the original order, that allows uses of certain park facilities for youth activities. The new order allows for permits and reservations only for outdoor childcare, day camp, and outdoor youth activities in Phase 2. It allows some limited use of athletic fields for all ages during Phase 3. Council Members asked questions. 15-Minute Public Comment Period Public Comment was taken. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 22699 1. Mayor's Reappointment of Kaylee Galloway and Alycia Hawkins to the Community Development Advisory Board (Information) The Mayor reappoints Kaylee Galloway to her first full term on the Community Development Advisory Board, which will expire on July 17, 2023, at which time she may be reappointed. City of Bellingham Regular City Council Meeting Page 3 of 9 7/20/2020 Minutes The Mayor reappoints Alycia Hawkins to her first full term, on the Community Development Advisory Board, which will expire on August 21, 2023, at which time she may be reappointed. Information only. Council Standing Committee Meetings: Public Works and Natural Resources Michael Lilliquist, Chair Pinky Vargas, Lisa Anderson 22700 1. Resolution Authorizing Relinquishment of Public Utility Easements Located within the Bakerview Heights Industrial Park Michael Lilliquist / Lisa Anderson moved final approval of Resolution #2020-25. MOTION CARRIED 7-0. 22701 2. Bid Award for the Samish-Maple-Ellis Multimodal Safety Improvements Project ES-0552, Bid 43B-2019 Michael Lilliquist / Pinky Vargas moved to award Bid No. 43B-2019 for the Samish- Maple-Ellis Multimodal Safety Improvements Project to Colacurcio Brothers Construction Company, Inc. of Blaine, 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 $766,323.90, which includes any applicable WSST. MOTION CARRIED 7-0. 22703 3. Request for Sewer Service at 3734 Britton Road Michael Lilliquist / Lisa Anderson moved to authorize the Mayor to execute a contract to provide retail sewer service to the owners at 3734 Britton Road. MOTION CARRIED 7-0. 22329 4. Apprenticeship Program on Bellingham Public Contracts Michael Lilliquist / Hollie Huthman moved to direct staff to reach out to stakeholders in the trades industries to gain feedback that would aid in developing an apprenticeship ordinance for consideration. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 4 of 9 7/20/2020 Minutes 22704 5. A Resolution Appointing a Committee to Prepare a Statement for the Local Voter's Pamphlet in Favor of the Transportation Ballot Measure Michael Lilliquist / Hannah Stone moved final approval of Resolution #2020-26. MOTION CARRIED 7-0. 22705 6. Post Point Resource Recovery Project Update Presentation during Committee. The Department of Ecology plans to introduce a new limit on nutrient loading to the Puget Sound using both individual and general permits. Nutrient regulation will have an impact on the Post Point treatment capabilities, limit options with the resource recovery project, and have financial implications going forward. Discussion on what the City can do to remove the nutrients was included. Requirements are still several years away and researched further. Information only. Committee of the Whole Gene Knutson, Chair Hannah Stone, Daniel Hammill, Pinky Vargas, Lisa Anderson, Michael Lilliquist, Hollie Huthman Please be advised that if the City Council is ahead of schedule, they may start with old/new business before the official Committee of the Whole meeting time. 22706 1. Bellingham Police Department Achieves Re-Accreditation Through the Washington Association of Sheriffs and Police Chiefs Presentation during Committee. The Police department was recently awarded re- accreditation by WASPC's Accreditation Commission and Executive Board. Mike Painter, from WASPC, provided information on the accreditation process. Information only. 22671 2. A Work Session to Continue the Family Definition Discussion Presentation during Committee. Further discussion is planned with the Planning Commission before it comes back to Council for approval. The Council agrees that the Rule of 3 needs to be reassessed. Information only. 22586 3. Resolution Adopting the Lake Whatcom Management Program 2020-2024 Work Plan Gene Knutson / Pinky Vargas moved final approval of Resolution #2020-27. City of Bellingham Regular City Council Meeting Page 5 of 9 7/20/2020 Minutes MOTION CARRIED 7-0. 4. Approval of Minutes Michael Lilliquist / Daniel Hammill moved approval of the July 6, 2020 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 5. Old/New Business Council Member Vargas, announced the economic recovery program, called Whatcom Restart Business Assistance Grant, has been available to apply for since last Thursday, July 16 through July 31, 2020. It is on the court's website under Whatcom Restart. Grants are up to $15,000.00 for small businesses with less than 25 employees. Information can be found at https://www.portofbellingham.com/935/Business- Assistance-Grant Council Member Hammill, added that during the last two weekends of COVID-19 testing at Civic Stadium's parking lot, there were many volunteers that helped with the testing. He thanked the volunteers and the community for their example of volunteerism. Bellingham has a higher than average volunteer rate and he encouraged the community to keep it up. 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. 22707 1. A Resolution Setting the Date and Time for a Public Hearing Before the Hearing Examiner for Consideration of a Street Vacation Petition for a Portion of Pasco Street Between Samish Way and Abbott Street in Bellingham Dan Hammill / Michael Lilliquist moved final approval of Resolution #2020-28. 22708 2. A Resolution Setting the Date and Time for a Public Hearing Before the Hearing Examiner for Consideration of a Street Vacation Petition for a Portion of Queen Street Generally Between Lakeway and the Skate Park at Civic Field Dan Hammill / Michael Lilliquist moved final approval of Resolution #2020-29. 22709 3. Interagency Agreement Between the City of Bellingham and the University of Washington for Public Outreach Assistance Related to the City's Americans with Disabilities Act (ADA) Transition Plan City of Bellingham Regular City Council Meeting Page 6 of 9 7/20/2020 Minutes 22710 4. Authorization of A/P Checks Issued July 02, 2020 22711 5. Authorization of A/P Payments Issued July 09, 2020 22712 6. Authorization of Payroll Labor Cost Payments for the Period Dated June 16 to June 30, 2020 Daniel Hammill / Michael Lilliquist moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 22686 1. An Ordinance Expanding the Approved List of Transportation Projects that May Be Funded with the Two-Tenths of One Percent (0.002) Sales and Use Tax Hannah Stone / Daniel Hammill 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 #2020-07-018. 22690 2. An Ordinance Authorizing Issuance of Water and Sewer Refunding and Revenue Bonds Gene Knutson / Pinky Vargas moved approval for third and final reading with the following revisions: • In the definition of “Reserve Requirement” the first sentence shall be revised to read as follows: Reserve Requirement means, with respect to the Outstanding Parity Bonds and initially, the Bonds, an amount equal to the least of (a) 125% of Average Annual Debt Service, (b) Maximum Annual Debt Service or (c) 10% of the proceeds of the Parity Bonds then Outstanding. • In the definition of “Reserve Requirement” the second paragraph shall be revised to read as follows: City of Bellingham Regular City Council Meeting Page 7 of 9 7/20/2020 Minutes Following the full redemption, refunding or defeasance of all of the Outstanding Parity Bonds, the Reserve Requirement shall be amended to read “means with respect to the Bonds, the amount determined by the City, which may be zero, and with respect to any Future Parity Bonds, the amount set forth in the ordinance authorizing the Parity Bonds if such Parity Bonds are secured by the Reserve Account or another reserve fund or account.” • The first two paragraphs of Section 12(b) shall be revised to read as follows: (b) Reserve Account. The Reserve Account has been created in the Bond Fund as a common reserve fund and, except as provided below, shall be used solely for the purpose of securing the payment of the principal of and the interest on all Parity Bonds secured by the Reserve Account. The payment of the principal of and interest on the Bonds shall initially be secured by the Reserve Account. Following the full redemption, refunding or defeasance of all of the Outstanding Parity Bonds, the City may, in its sole discretion, (i) reduce the Reserve Requirement for the Bonds to zero, and from and after such time, the Bonds shall no longer be secured by the Reserve Account, and (ii) create separate reserve funds and/or accounts and establish separate Reserve Requirements, if any, to secure the payment of the principal of and interest on Future Parity Bonds. Terms related to any such reserve funds and/or accounts shall be provided for in the Parity Bond Ordinance authorizing the issuance of such Future Parity Bonds. 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 #2020-07-019. 22691 3. An Ordinance Amending the 2019-2020 Biennial Budget Increasing Appropriations and Estimated Revenues in the General Fund for COVID-19 Recovery Daniel Hammill / Lisa Anderson 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) City of Bellingham Regular City Council Meeting Page 8 of 9 7/20/2020 Minutes MOTION CARRIED and was thereafter named Ordinance #2020-07-020. Adjournment Council President Knutson asked Mayor Fleetwood to remind all of the Listening Sessions times that are scheduled. The Mayor announced that they are: 7 - 9 p.m., Tuesday, July 28, 2020 6 - 8 p.m., Monday, August 10, 2020 11:00 a.m. - 1:00 p.m., Saturday, August 15 5:00 - 7:00 p.m., Tuesday, August 18 There being no further business, the meeting adjourned at 8:18 p.m. Gene Knutson, Council President ATTEST: Elisabeth Oakes, Deputy City Clerk APPROVED: 8/24/2020 City of Bellingham Regular City Council Meeting Page 9 of 9 7/20/2020 Minutes

Agenda

City of Bellingham City Council Regular Meeting Agenda July 20, 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. Council members will participate in this meeting remotely through an online web-based meeting platform. Per Washington State Proclamation 20-28, in-person attendance at meetings is prohibited at this time. Council meetings are streamed live via the City’s website at meetings.cob.org and on the City’s YouTube channel. Meetings are broadcast in high definition on BTV on Comcast channel 321, and in standard definition on Comcast channel 10. Members of the public who do not have cable or Internet access may contact the City Council office to receive phone numbers in order to listen to the meeting via telephone. Anyone wishing to comment during the regular public comment period is invited to do so. Advanced testimony by mail, email, and telephone is accepted and strongly encouraged by sending comments to the Council Office, 210 Lottie Street, ccmail@cob.org, or (360) 778- 8200. Anyone wishing to testify live can do so by joining the remote meeting at the following link: https://www.cob.org/ccph. This link can be used before the meeting to pre-register or during the meeting to register and immediately join the meeting to testify. Pre-registration is encouraged. Those who would like to listen in by phone can do so using any of the following phone numbers:  (253) 215-8782  (346) 248-7799  (669) 900-6833  (301) 715-8592  (312) 626-6799  (929) 205-6099 Meeting ID: 944 2836 9970 Password: 9 The following items are heard in the Regular Meeting only: Call to Order Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Meetings Act. Pledge of Allegiance Roll Call Presentation 22593 1. Update on COVID-19 Response p. 6 15-Minute Public Comment Period Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 22699 1. Mayor's Reappointment of Kaylee Galloway and Alycia Hawkins to p. 7 the Community Development Advisory Board (Information) The following are heard in both Committee sessions and Regular Meeting in order below: Council Standing Committee Meetings: Open to the public to attend. Note: there is generally no public comment period for Committee sessions. Standing Committee Members receive reports and information, ask questions and, when appropriate, vote on a recommended action for consideration by the full Council at the Regular Meeting. The notice of Committee Meetings identified below also serves as notice of Special Meetings of the City Council at the times identified as Council Members who are not members of the committee routinely attend and participate in the Committee Meetings. Committee Chairs give a report of the Committee Meeting at the Regular Meeting in the evening prior to deliberation and formal vote in the order shown below: Public Works and Natural Resources 1:00 PM Michael Lilliquist, Chair Pinky Vargas, Lisa Anderson 22700 1. Resolution Authorizing Relinquishment of Public Utility Easements p. 8 Located within the Bakerview Heights Industrial Park 22701 2. Bid Award for the Samish-Maple-Ellis Multimodal Safety p. 24 Improvements Project ES-0552, Bid 43B-2019 22703 3. Request for Sewer Service at 3734 Britton Road p. 32 22329 4. Apprenticeship Program on Bellingham Public Contracts p. 44 22704 5. A Resolution Appointing a Committee to Prepare a Statement for the p. 55 Local Voter's Pamphlet in Favor of the Transportation Ballot Measure 22705 6. Post Point Resource Recovery Project Update p. 60 Committee Of The Whole 2:00 PM Gene Knutson, Chair Hannah Stone, Daniel Hammill, Pinky Vargas, Lisa Anderson, Michael Lilliquist, Hollie Huthman Please be advised that if the City Council is ahead of schedule, they may start with old/new business before the official Committee of the Whole meeting time. 22706 1. Bellingham Police Department Achieves Re-Accreditation Through the p. 74 Washington Association of Sheriffs and Police Chiefs 22671 2. A Work Session to Continue the Family Definition Discussion p. 77 22586 3. Resolution Adopting the Lake Whatcom Management Program 2020- p. 82 2024 Work Plan 4. Approval of Minutes 5. Old/New Business 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. 22707 1. A Resolution Setting the Date and Time for a Public Hearing Before p. 170 the Hearing Examiner for Consideration of a Street Vacation Petition for a Portion of Pasco Street Between Samish Way and Abbott Street in Bellingham 22708 2. A Resolution Setting the Date and Time for a Public Hearing Before p. 174 the Hearing Examiner for Consideration of a Street Vacation Petition for a Portion of Queen Street Generally Between Lakeway and the Skate Park at Civic Field 22709 3. Interagency Agreement Between the City of Bellingham and the p. 178 University of Washington for Public Outreach Assistance Related to the City's Americans with Disabilities Act (ADA) Transition Plan 22710 4. Authorization of A/P Checks Issued July 02, 2020 p. 183 22711 5. Authorization of A/P Payments Issued July 09, 2020 p. 184 22712 6. Authorization of Payroll Labor Cost Payments For the Period Dated p. 185 June 16 to June 30, 2020 Final Consideration of Ordinances 22686 1. An Ordinance Expanding the Approved List of Transportation Projects p. 186 that May Be Funded with the Two-Tenths of One Percent (0.002) Sales and Use Tax 22690 2. An Ordinance Authorizing Issuance of Water and Sewer Refunding p. 191 and Revenue Bonds 22691 3. An Ordinance Amending the 2019-2020 Biennial Budget Increasing p. 230 Appropriations and Estimated Revenues in the General Fund for COVID-19 Recovery Adjournment Agenda Information: Council Committee and Regular Meeting agendas and agenda packets, which contain the supporting documentation for agenda items, are available to the public Wednesday afternoon prior to the meeting. They are posted at https://meetings.cob.org/. A hard copy of the agenda packet is available for review from the reference desk at the Central Library or the Finance office at City Hall. Live Broadcast Information: The Bellingham City Council Committee Meetings are broadcast live on BTV Bellingham at the times listed on the Agenda. Committee session start times between 9:00 AM and 5:00 PM are estimated. A specific Committee may start later than the time published but will not begin earlier than its published time. BTV can be found on cable systems as follows: Comcast channels 10 (standard) and 321 (high definition), and CenturyLink channels 40 (standard) and 1040 (high definition). The meetings are also streamed live on the internet as they occur. Online viewers will see exactly what cable customers would see. The Bellingham Public Library also has DVD’s available for checkout. Video and audio files are available on the Internet at https://meetings.cob.org within 5 business days following each meeting. BTV Council Meeting Rebroadcast Schedule: Tues. 12 PM: Repeat broadcast of Monday afternoon Committee meetings Tues. 7 PM: Repeat broadcast of Monday night regular meeting Wed. 8 AM: Repeat broadcast of Monday night regular meeting Sat. 12 PM: Repeat broadcast of Monday afternoon Committee meetings Sat. 7 PM: Repeat broadcast of Monday night regular meeting Accessibility: The Council Chambers is fully accessible. Elevator access to the second floor is available at City Hall’s west entrance. Hearing assistance is available and a receiver may be checked out through the clerk prior to the evening session. For additional accommodations, contact the Legislative Assistant at 778-8200 in advance of the meeting. Thank you. Next City Council Meeting Monday, August 24, 2020 Deadline to submit material for any public hearing for inclusion in the published agenda packet is 8:00 a.m. on Wednesday prior to the meeting.

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