City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes March 22, 2021, 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. Deputy City Clerk Elisabeth Oakes Please note the doors to City Hall unlock at 6:30 PM. Call to Order The meeting was called to order by Council President Stone at 7:00 p.m. Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. 1. On March 31, 2021 at 6:30 PM there will be an Annual Lake Whatcom Joint Councils and Commissioners Meeting 2. On April 12, 2021 at 7:00 PM there will be a Public Hearing on a proposed resolution of the Bellingham City Council providing for the City to relinquish its retained right to renew or extend railroad franchises within certain City streets located in the Waterfront District that were vacated by Ordinance Nos. 4840 and 6420. The vacated street segments include portions of Maple Street, Commercial Street, East Laurel Street, East Myrtle Street, Army Street and Bay Street, all within the Waterfront General Binding Site Plan (AFN 2017- 0801912), commonly known as Port of Bellingham’s waterfront development property, Bellingham, Washington, APN: 380330 008066 0000 Roll Call Present: Council President Hannah Stone, First Ward Council Member Gene Knutson, Second 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 City of Bellingham Regular City Council Meeting Page 1 of 7 3/22/2021 Minutes 22944 1. Resolution Honoring City Attorney Peter Ruffatto for His Outstanding Contributions to the City of Bellingham and its Residents Council recognized Peter Ruffatto, City Attorney, for his outstanding service to the City. Peter has served the City of Bellingham for 18 years. Council Members and the Mayor thanked him for his service. Gene Knutson / Daniel Hammill moved final approval of Resolution #2021-04. MOTION CARRIED 6-0-1, Pinky Vargas excused. 22593 2. Update on COVID-19 Response Erika Lautenbach, Whatcom County Health Department Director, gave an update on case rates, stating that cases are declining especially in the last week and those over 60 years of age. Currently, persons in the age range of 18 - 39 years old are those that have the highest rates of infection. She reported that 72% of people who are eligible for vaccination, have been vaccinated with the Johnson and Johnson vaccine. The Health Department is expecting fewer doses this week. Today, all counties in Washington State, enter Phase III of the Safe Start Plan. Restaurants, bars, fitness clubs, museums, libraries, and outdoor entertainment are now at 50% capacity. She will be meeting with small cities mayors and the Whatcom County Executive this week to discuss guidance for public employees and provide guidance for reopening. Council members asked questions. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 22945 1. Approval of Mayor's Appointment of City Attorney Gene Knutson / Michael Lilliquist moved to approve the Mayor's appointment of Alan Marriner as City Attorney. MOTION CARRIED 6-0-1, Pinky Vargas excused. Mayor Fleetwood announced that during the afternoon Committee meetings, there was a housing report given by City staff. Many efforts are being made to increase housing availability and the Consolidated Action Plan is being updated. City of Bellingham Regular City Council Meeting Page 2 of 7 3/22/2021 Minutes  He also gave a status update on the clearance of the encampment from last week at Geri Fields. More information can be found at www.cob.org/meetings Today is the one-year anniversary of the governor's Shelter-in-Place order. Brian Heinrich, Deputy Administrator, announced that the City will receive approximately $21 million dollars from the latest stimulus package. Those funds can be used to replacing lost, delayed, or decreased revenues due to COVID-19, addressing the negative economic impacts on local businesses and non-profits, making necessary investments in water, sewer, and broadband infrastructure. Public Comment Period Public Comment was taken. Council Standing Committee Meetings: Public Works and Natural Resources Michael Lilliquist, Chair Gene Knutson, Lisa Anderson 22938 1. ADA Transition Plan for Pedestrian Facilities in the Public Right-of-Way Presentation during Committee. Next steps include:  Finalize the Plan  City Council adopt the Plan by resolution  Make the Plan available to the public Information only. 22939 2. Public Works Proposal for James Street Preferred Arterial Standard Presentation during Committee. Michael Lilliquist / Gene Knutson moved to direct staff to hold a public hearing. MOTION CARRIED 6-0-1, Pinky Vargas excused. Public Health, Safety, and Justice Daniel Hammill, Chair Gene Knutson, Hollie Huthman City of Bellingham Regular City Council Meeting Page 3 of 7 3/22/2021 Minutes 22940 1. Interlocal Agreement with Whatcom County Fire District 4 for Training Facility Use Daniel Hammill / Hollie Huthman moved to recommend approval. MOTION CARRIED 6-0-1, Pinky Vargas excused. 22941 2. Update of the Whatcom County Natural Hazards Mitigation Plan Presentation during Committee. Updates on the Plan are due to FEMA by June 2021. Information only. Parks and Recreation Gene Knutson, Chair Pinky Vargas, Lisa Anderson 22942 1. Bid Award to Faber Brothers Corporation for Squalicum Creek Phase 4, Bid No. 1B-2021 Gene Knutson / Daniel Hammill moved to award Bid No.1B-2021 for Squalicum Creek Phase 4 to Faber Brothers Corporation of Lynden, WA 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 $1,219,714, which includes any applicable WSST. MOTION CARRIED 6-0-1, Pinky Vargas excused. 22943 2. Land Lease with Washington State University for the Space Known as the We Grow Garden Gene Knutson / Hollie Huthman moved to authorize the Mayor to enter into a land lease with Washington State University for the space known as the We Grow Garden. MOTION CARRIED 6-0-1, Pinky Vargas excused. Committee of the Wholee Hannah Stone, Chair Gene Knutson, 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. City of Bellingham Regular City Council Meeting Page 4 of 7 3/22/2021 Minutes 22930 1. Part 2 in a Series of Staff Presentations in Preparation for City Council Adoption of the 2021-2022 Housing and Urban Development (HUD) Action Plan Hannah Stone / Gene Knutson moved to direct staff to prioritize rental assistance and case management for families with children experiencing homelessness. MOTION CARRIED 6-0-1, Pinky Vargas excused. 2. Approval of Minutes Gene Knutson / Hollie Huthman moved approval of the March 8, 2021 minutes of the regular City Council meeting as submitted. MOTION CARRIED 6-0-1, Pinky Vargas excused. 3. Old/New Business Lisa Anderson / Michael Lilliquist moved to direct staff to write an ordinance for grocery worker’s hazard pay using the draft ordinance she submitted for legal review, make any additions and edits to ensure equal provision, right of action concerns addressed and bring those changes back to the next council meeting on April 12 for a work session. At that meeting, recommend changes, should this be under an emergency ordinance, determine timeline for implementation and conditions to end it. Should it be considered as an ordinance, bring this to a Public Hearing on April 26th, and a vote on May 10. MOTION CARRIED 5-1-1. Gene Knutson opposed, Pinky Vargas excused. Executive Session – Report and Action only. 1. Potential Litigation Staff provided information on a matter involving potential litigation. For information and discussion. No action taken. 2. Potential Property Acquisition Staff provided information on potential property acquisitions. For information and discussion. No action taken. 3.. Litigation: Bornstein Seafoods v. City of Bellingham, et al City of Bellingham Regular City Council Meeting Page 5 of 7 3/22/2021 Minutes  Daniel Hammill / Gene Knutson moved to authorize the City Attorney's Office and outside legal counsel to take appropriate actions to defend the City in this lawsuit, including asserting counter claims and cross claims. MOTION CARRIED 6-0-1, Pinky Vargas 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. 22946 1. Authorization of Payroll Labor Cost Payments Dated February 16, 2021 to February 28, 2021 22947 2. Authorization of A/P Transactions Issued February 26, 2021 through March 04, 2021 22948 3. Authorization of A/P Transactions Issued March 05, 2021 through March 11, 2021 Gene Knutson / Hollie Huthman moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0-1, Pinky Vargas excused. Final Consideration of Ordinances 22931 1. An Ordinance Amending the 2021-2022 Biennial Budget Increasing Appropriations in the General Fund 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: Stone, Knutson, Hammill, Anderson, Lilliquist, Huthman NAYS: (None) EXCUSED: Vargas MOTION CARRIED and was thereafter named Ordinance 2021-03-011 22933 2. An Ordinance Amending the 2021-2022 Biennial Budget Increasing Appropriations City of Bellingham Regular City Council Meeting Page 6 of 7 3/22/2021 Minutes  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: Stone, Knutson, Hammill, Anderson, Lilliquist, Huthman NAYS: (None) EXCUSED: Vargas MOTION CARRIED and was thereafter named Ordinance 2021-03-012 22934 3. An Ordinance of the City of Bellingham, Washington Imposing an Additional Sales and Use Tax of One-Tenth of One Percent for Housing and Related Services as Authorized by RCW 82.14.530; Adding a New Chapter 4.78 to the Bellingham Municipal Code Daniel Hammill / Gene Knutson 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: Stone, Knutson, Hammill, Anderson, Lilliquist, Huthman NAYS: (None) EXCUSED: Vargas MOTION CARRIED and was thereafter named Ordinance 2021-03-013 Adjournment The next City Council meeting is scheduled for April 12, 2021, a note that there is a two-week gap between meetings. There being no further business, the meeting adjourned at 8:50 PM. Hannah Stone, Council President ATTEST: Elisabeth Oakes, Deputy City Clerk APPROVED: 4/12/2021 City of Bellingham Regular City Council Meeting Page 7 of 7 3/22/2021 Minutes