City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes October 26, 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. 1. A Budget Work Session on November 2, 2020 at 1:00 PM to continue presentations on the City Budget 2. A Budget Work Session on November 9, 2020 at 10:00 AM to continue presentations on the City Budget 3. A Public Hearing on November 9, 2020 at 7:00 PM to consider an amendment to the York neighborhood plan proposed by the York Neighborhood Association. The proposed revisions are intended to clarify the current language for Area 1, encouraging the City to possibly acquire the industrial land along Whatcom Creek and/or obtain easements as redevelopment occurs. The proposal also provides some guidance for future opportunities for multi-family zoning along the northern side Meador Avenue 4. A Public Hearing on November 9, 2020 at 7:00 PM to Consider a Draft Ordinance Amending the 2016 Bellingham Comprehensive Plan to Add New Policies Related to Food Access 5. A Public Hearing on November 9, 2020 at 7:00 PM on Proposed resolution of the Bellingham City Council providing for the City to relinquish, pursuant to RCW 35.94.040, a general utility easement retained in Ordinance 2019-052-11, recorded under AF #: 2019-052-11, recorded under AF 3: 2019-0801472, which is the easterly 25 foot portion of South State Street abutting Lots 1-5, Block 4, plat of the town of Bellingham and a 10 foot portion of Easton Avenue abutting the aforementioned portion of South State Street within the City of Bellingham, commonly known as 614 and 622 11th Street, Bellingham, Washington, APNs: 370201 094423 0000 and 370201 091414 0000, on the City of Bellingham Regular City Council Meeting Page 1 of 10 10/26/2020 Minutes  grounds that said portion of the easement is surplus to the City’s needs and is not required for providing continued utility services 6. A Public Hearing on November 9, 2020 at 7:00 PM on the Preliminary 2021- 2022 Biennial Budget Pledge of Allegiance Led by Council Member Hammill Roll Call Present: Council President Gene Knutson, Second Ward Council Member Hannah Stone, First Ward Council Member Daniel Hammill, Third Ward Council Member Lisa Anderson, Fifth Ward Council Member Michael Lilliquist, Sixth Ward Council Member Hollie Huthman, At-Large Excused Council Member Pinky Vargas, Fourth Ward Presentation 22593 1. Update on COVID-19 Response Tara Sundin, Economic Development Manager, gave an update on Whatcom Restart and various grant awards that included the Business Assistant Grant, the Child Care Recovery Grant, and the Food and Beverage Grant Program. Under the Business Assistance Grant, over $3.5 million has been distributed to 280 local businesses. Nearly $700,000 has been granted to 26 childcare agencies countywide and $544,000 to 41 Fairhaven and City Center food and beverage businesses. Nicole Oliver, Parks and Recreation Director, reported that since October 16, 2020, the City officially opened the playgrounds in 38 parks around the City. Guidelines were adopted largely from the City of Seattle. All children over the age of 2 must wear masks and they have added more signage to remind residents of rules. The Parks and Recreation Department has created an interdepartmental workgroup with the Whatcom County Health Department to work on plans and guidelines for next year's athletic practices and special events. Erika Lautenbach, Whatcom County Health Department Director, reported the Health Department received $4.5 million in CARES Act funding to spend, by the end of the year, on programs and services related to health support. They are going to focus on behavioral health support especially within schools and nonprofit organizations, City of Bellingham Regular City Council Meeting Page 2 of 10 10/26/2020 Minutes  downtown chambers, businesses and tourism boards as they create a holiday marking campaign that builds on the "Safer, Stronger, Together" campaign. The numbers of COVID-19 cases continue to go down. There has been a lot of activity by the state regarding vaccine planning. In a few weeks, the Health Department staff will be available to provide an update on the federal, state, and local response in planning a vaccine distribution model. Public Hearing 22786 1. Public Hearing on the 2021-2022 Revenue Forecast, Including 2021 Property Taxes Forrest Longman, Deputy Finance Director, provided an economic outlook of the 2021 - 2022 revenue forecast. Council President Knutson opened the Public Hearing. No citizens spoke and the Public Hearing was closed. The written record will remain open until a final decision, per Resolution #2013-09. 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. Mayor Fleetwood thanked community members for their engagement in efforts to reduce carbon emissions. He emphasized that Bellingham is way ahead of a lot of communities but still have work to do. The City has a climate staff team and committee that provides recommendations on items that came out of the Task Force. Those items are being vetted through the approval process. Next month many proposals will be brought before Council for consideration to be added to the Climate Action Plan. The intention is that the staff will then build implementation plans and prioritize measures that the Task Force can take. Christ the King (CTK) Community Church will be providing 39 additional beds this season that will add to the City's capacity for a cold weather shelter options. The City had put in a request for a Safe Parking facility but has yet to receive any responses. The deadline for the proposals ends this Friday. There are also plans to issue a request for qualifications for hosts of a tiny home encampment to help identify a partner. City of Bellingham Regular City Council Meeting Page 3 of 10 10/26/2020 Minutes  Emergency Response Teams are preparing for any Election Day unrest within the City and throughout the County. The Police, Fire Department, and Office of Emergency Management as well as our County counterparts are monitoring things. The Mayor reported that the City continues to address Race and Justice Issues. A few weeks ago, the Mayor indicated his intent for the City to declare racism as a public health crisis which would aid the Health Department in passing a similar declaration. Once that passed, it would help craft an action plan. The County Council has been delayed in those efforts, but the Mayor stands by ready to help in any way. He also announced that the City is joining the Health Department by encouraging everyone to celebrate Halloween safely by discouraging door to door trick-or-treating. Some neighborhood advisory groups have expressed concern and is opposed to the health risks that COVID-19 poses when large groups gather. 22787 1. Mayor's Reappointment of Greg Arnold and Cassidy Thornton to the Community Development Advisory Board (Information) The Mayor reappoints Greg Arnold to his first full term, on the Community Development Advisory Board, which will expire on November 1, 2023, at which time he may be reappointed. The Mayor reappoints Cassidy Thornton to her first full term, on the Community Development Advisory Board, which will expire on October 1, 2023, at which time she may be reappointed. Information only. City Council Special Meeting 22775 1. 2021-2022 Biennial Budget Work Session Presentation during the special work session meeting. The work session included biennial accomplishments from the Finance, Legal, Human Resources, and Information Technology departments. Goals and updates on plans for the 2021 - 2022 biennial budget during the work session. The next work session is scheduled for Monday, November 2, 2020 at 1:00 PM and will include the biennial presentation from Public Works. Information only. Council Standing Committee Meetings: City of Bellingham Regular City Council Meeting Page 4 of 10 10/26/2020 Minutes Public Works and Natural Resources Michael Lilliquist, Chair Pinky Vargas, Lisa Anderson 22458 1. Middle Fork Nooksack River Fish Passage Project Update Presentation during Committee. Staff provided an update on the removal of a section of the City's diversion damn to restore fish passage and installation of a revised fish friendly intake for City municipal water supply. The project is a collaborative effort involving the City, American Rivers, the Paul Allen Foundation, National Oceanic and Atmospheric Administration (NOAA), the Nooksack Indian Tribe, Lummi Nation, and the Washington Department of Fish and Wildlife. Information only. Planning and Community Development Hollie Huthman, Chair Daniel Hammill, Michael Lilliquist 22025 1. Extension and Renewal of an Ordinance Establishing a Moratorium on Development Applications and Permits Relating to the Redevelopment of the Manufactured Home Parks in Bellingham Presentation during Committee. The moratorium is set to expire in December 2020. A new six-month renewal of the moratorium is needed to allow staff to conduct meetings with homeowners, finalize recommendations and conduct a Type VI legislative review process. Hollie Huthman / Michael Lilliquist moved for first and second reading. MOTION CARRIED 6-0-1, Pinky Vargas excused. Parks and Recreation Lisa Anderson, Chair Hannah Stone, Michael Lilliquist 22788 1. Public Community Garden License Presentation during Committee. Lisa Anderson / Hollie Huthman moved to authorize the Mayor to enter into a license agreement with the landowners of the park operated space currently known as the Happy Valley Community Garden. City of Bellingham Regular City Council Meeting Page 5 of 10 10/26/2020 Minutes  MOTION CARRIED 6-0-1, Pinky Vargas excused. 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. 22789 1. Police Officer Certification Presentation during Committee. Director Sue Rahr, with the Washington State Criminal Justice Training Commission, providing an overview of the Washington State processes for terminating certifications and her agency's voluntary submission of information to a Federal database. Out of 1,000 who separate from a Washington State Police Department, 100 are involuntary, 43 are reviewed decertification, and 13 result in revocation. Council Member Lilliquist reported that during Committee, the Council agreed to add their support to any upcoming legislation in the next legislative session that would aid in closing a loophole for decertification of officers convicted of misconduct that included excessive force. 2. Approval of Minutes Hollie Huthman / Lisa Anderson moved approval of the October 12, 2020 minutes of the regular City Council meeting as submitted. MOTION CARRIED 5-0-2, Pinky Vargas excused, Dan Hammill abstained. 3. Old/New Business The Mayor clarified that the drop-in center hosted by Christ the King Community Church will be assembling volunteers in November and be open in December. There will be an additional 39 beds available. Executive Session – Report and Action only. 1. Litigation: State of Washington v. Madrona Bay Real Estate Investments et al., WCSC No. 18-2-02347-37 Staff provided information on a litigation matter. For information and discussion. No action taken. City of Bellingham Regular City Council Meeting Page 6 of 10 10/26/2020 Minutes  2. Labor Relations: Review Proposals for Bellingham Police Guild, Fraternal Order of Police, and the Guild of Pacific NW Employees, Local 1937 a. Labor Relations with Bellingham Police Guild: Staff provided information on the proposed 2021 collective bargaining agreement between the City and the Bellingham Police Guild. DURATION: 2021 WAGE INCREASES: Effective January 1, 2021 – 2.5% increase in base rate of pay HEALTH INSURANCE Increase employees’ premium share for dependents on all benefit plans to 10% Anderson moved, Lilliquist seconded a motion to ratify the agreement reached with the above general terms. MOTION CARRIED 6-0-1, Vargas excused. b. Labor Relations with the Fraternal Order of Police: Staff provided information on the proposed 2021 collective bargaining agreement between the City and Fraternal Order of Police. DURATION: 2021 WAGE INCREASES: Effective January 1, 2021 – 2.5% increase in base rate of pay Effective January 1, 2021 - increase deferred compensation contribution by 1% HEALTH INSURANCE Increase in the City’s contribution to Medical Health Care by 6% in 2021 Anderson moved, Lilliquist seconded a motion to ratify the agreement reached with the above general terms. MOTION CARRIED 6-0-1, Vargas excused. c. Labor Relations with the Guild of Pacific Northwest Employees, Local 1937: Staff provided information on the proposed 2020-2021 collective bargaining agreement between the City and Guild of Pacific Northwest Employees, Local 1937. City of Bellingham Regular City Council Meeting Page 7 of 10 10/26/2020 Minutes  DURATION: 2020 - 2021 WAGE INCREASES: Effective November 1, 2020 – 2.5% increase in base rate of pay Effective January 1, 2021 – 2.0% increase in base rate of pay Effective July 1, 2021 – 1.0% increase in base rate of pay 12 Furlough Days in 2021 HEALTH INSURANCE Increase in the City’s contribution to Medical Health Care by 5% in each of 2020 and 2021 Hammill moved, Lilliquist seconded a motion to ratify the agreement reached with the above general terms. MOTION CARRIED 6-0-1, Vargas excused. 3. Potential Litigation Staff provided information on a potential litigation matter. For information and discussion. No action taken. 4. Litigation: City of Bellingham v. Baker Staff provided information on a litigation matter. For information and discussion. No action taken. 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. 22790 1. Authorization of A/P Transactions Issued October 02, 2020 through October 08, 2020 22791 2. Authorization of A/P Transactions Issued October 09, 2020 through October 15, 2020 22792 3. Authorization of Payroll Labor Cost Payments Dated September 16 to September 30, 2020 22793 4. Authorization for the City to Accept $2,000,000 in Grant Funding for the Middle Fork Fish Passage Project by Amending the Existing Contract with the Washington State Recreation and Conservation Office City of Bellingham Regular City Council Meeting Page 8 of 10 10/26/2020 Minutes 22794 5. Amendment to Original Interlocal Agreement for Inmate Housing 22795 6. Granting Stormwater Outfall Easement in Cordata Park to Cordata Investments, LLC 22796 7. Granting of Temporary Easements to Washington State Department of Transportation for SR 11 Hoag's Creek Fish Passage Daniel Hammill / Hollie Huthman moved for first and second reading. MOTION CARRIED 6-0-1, Pinky Vargas excused. Final Consideration of Ordinances 22778 1. An Ordinance Amending the 2019-2020 Biennial Budget Increasing Appropriations and Transferring Funds and Authorizing Retirement of the Drake Note Debt Hollie Huthman / Michael Lilliquist 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, Anderson, Lilliquist, Huthman NAYS: (None) EXCUSED: Vargas MOTION CARRIED and was thereafter named Ordinance 2020-10-026. 22779 2. An Ordinance Amending the 2019-2020 Biennial Budget Increasing Appropriations and Projected Revenues in the Radio Communications Fund Daniel Hammill / Hollie Huthman 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, Anderson, Lilliquist, Huthman NAYS: (None) EXCUSED: Vargas MOTION CARRIED and was thereafter named Ordinance 2020-10-027. Adjournment City of Bellingham Regular City Council Meeting Page 9 of 10 10/26/2020 Minutes  Council President Knutson announced that the next budget work session will be Monday, November 2, 2020 from 1-4 PM. There being no further business, the meeting adjourned at 9:10 PM. Gene Knutson, Council President ATTEST: Elisabeth Oakes, Deputy City Clerk APPROVED: 11/9/2020 City of Bellingham Regular City Council Meeting Page 10 of 10 10/26/2020 Minutes