City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes July 12, 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. Roll Call Present: Council President Hannah Stone, First Ward Council Member Gene Knutson, Second Ward Council Member Lisa Anderson, Fifth Ward Council Member Michael Lilliquist, Sixth Ward Council Member Hollie Huthman, At-Large Excused Council Member Daniel Hammill, Third Ward Council Member Pinky Vargas, Fourth Ward Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. The Mayor thanked those who helped to create shade & water sites during the recent heat. The City coordinated with multi-agencies. He thanked agencies such as Erika Lautenbach, with the Whatcom County Health Department, Liz Coogan with the Office of Emergency Management, Janice Keller from his office, and Dr. Baker with the Bellingham School District who worked to keep the air conditioning on at Bellingham High School. He appreciates the efforts by WTA, the Bellingham Public Library, Whatcom County Library, Whatcom Sheriff's Division of Emergency Management and Base Camp provided by Lighthouse Mission Ministries for offering cooling options as well. City of Bellingham Regular City Council Meeting Page 1 of 8 7/12/2021 Minutes  Mayor Fleetwood reminded the public that in-person services are now available since the City reopened on June 30, 2021. The Permit Center, Mayor's Office and Finance are now open from 8:30 - 3:30 PM Monday thru Thursday. 23027 1. Mayor's Reappointment of Daniel Larner and David Warren to the Bellingham-Whatcom Public Facilities District Gene Knutson / Michael Lilliquist moved approval of Daniel Larner to his third term, on the Bellingham-Whatcom Public Facilities District, which will expire on July 31, 2025, and approval of David Warren to his fifth term on the Bellingham-Whatcom Public Facilities District, which will expire on July 31, 2025. MOTION CARRIED 5-0-2, Dan Hammill and Pinky Vargas excused. 23029 2. Mayor's Reappointment of Angela Nelson to the Lake Whatcom Watershed Advisory Board (Approval) Hollie Huthman / Gene Knutson moved approval of Angela Nelson to her third term, on the Lake Whatcom Watershed Advisory Board, on July 6, 2024, which time she may be reappointed. MOTION CARRIED 5-0-2, Dan Hammill and Pinky Vargas excused. 23031 3. Mayor's Appointment of Garth Amundson to the Bellingham Arts Commission (Approval) Lisa Anderson / Hollie Huthman moved approval of Garth Amundson to his first partial term to the Bellingham Arts Commission, which will expire on January 1, 2022, at which time he may be reappointed. MOTION CARRIED 5-0-2, Dan Hammill and Pinky Vargas excused. Public Comment Period Public Comment was taken. Council Standing Committee Meetings: Committee of the Whole Hannah Stone, Chair Gene Knutson, Daniel Hammill, Pinky Vargas, Lisa Anderson, Michael Lilliquist, Hollie Huthman City of Bellingham Regular City Council Meeting Page 2 of 8 7/12/2021 Minutes 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. 23038 1. Discussion on Conducting In-Person Meetings Discussion during Committee. The Council will revisit options for in-person meeting at the August 30th meeting. Boards and Commissions are expected to resume in September. 23039 2. Bid Award for West Cemetery Creek Water Quality Improvements Project EN- 0053, Bid 5B-2021 Hannah Stone / Gene Knutson moved to award Bid No. 5B-2021 for West Cemetery Creek Water Quality Improvements to Henifin Construction of Bellingham, 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 $608,103.84, which includes any applicable WSST. MOTION CARRIED 5-0-2, Dan Hammill and Pinky Vargas excused. 23040 3. 2021 First Quarter Financial Review Presentation during Committee. Information only. 23041 4. An Ordinance Amending the 2021-2022 Biennial Budget Increasing Expenditures and Adding Two Positions for Utility Billing Hannah Stone / Michael Lilliquist moved for first and second reading. MOTION CARRIED 5-0-2, Dan Hammill and Pinky Vargas excused. 23042 5. Consideration of Lodging Tax Advisory Committee's Funding Recommendations Presentation during Committee. Hannah Stone / Gene Knutson moved to accept the LTAC funding recommendations. MOTION CARRIED 5-0-2, Dan Hammill and Pinky Vargas excused. 23043 6. Appointment of New Public Records Officer for the City of Bellingham Hannah Stone / Hollie Huthman moved approval of the appointment of Sarah Chaplin, as the new Public Records Officer. City of Bellingham Regular City Council Meeting Page 3 of 8 7/12/2021 Minutes  MOTION CARRIED 5-0-2, Dan Hammill and Pinky Vargas excused. 23044 7. Discussion of Measures to Regulate Restaurant Delivery Discussion during Committee. Council directed staff to draft an ordinance that addresses best practices. A model ordinance that was passed by the City of Seattle will be considered as a template and be brought back to Council for consideration. 23045 8. Discussion of an Initiative on Renter Relocation Assistance Hannah Stone / Hollie Huthman moved to defer the initiative to the voters of Bellingham. MOTION CARRIED 4-0-3, Dan Hammill and Pinky Vargas excused. Michael Lilliquist abstained. During Committee, the Committee voted also to direct staff to hold an Executive Session at the next Council Meeting to discuss legal concerns and constraints on the legality of the initiatives. 23047 9. Discussion of an Initiative on Restricting Use of Advanced Police Technologies Hannah Stone / Lisa Anderson moved to defer the initiative to the voters of Bellingham. MOTION CARRIED 4-0-3, Dan Hammill and Pinky Vargas excused. Michael Lilliquist abstained. 23048 10. Discussion of an Initiative on Neutrality in Labor Campaigns Hannah Stone / Hollie Huthman moved to defer the initiative to the voters of Bellingham. MOTION CARRIED 4-0-3, Dan Hammill and Pinky Vargas excused. Michael Lilliquist abstained. 23049 11. Discussion of an Initiative on Fair Treatment of Hourly Wage and Gig Workers Hannah Stone / Gene Knutson moved to defer the initiative to the voters of Bellingham. MOTION CARRIED 4-0-3, Dan Hammill and Pinky Vargas excused. Michael Lilliquist abstained. City of Bellingham Regular City Council Meeting Page 4 of 8 7/12/2021 Minutes 23050 12. A Resolution of the City Council Proposing an Amendment to Article XIII, Section 2 of the City's Charter to Reduce the Number of Signatures Required to Propose a Charter Amendment by the Petition Method Hannah Stone / Michael Lilliquist moved final approval of Resolution #2021-15. MOTION CARRIED 5-0-2, Dan Hammill and Pinky Vargas excused. Council President Stone clarified that the number of signatures required for initiative petitions to be brought forth for consideration is currently a percentage of the total votes cast during the gubernatorial race. The proposed amendment changes it from the gubernatorial race to the mayoral race which typically has a smaller voter outcome so it is likely the number of votes cast will be smaller in the mayoral race, thus reducing the number of signatures required to propose an amendment by the petition method. This charter amendment will go before the voters in November. 23051 13. A Resolution of City Council Proposing an Amendment to Article X, Section 2 of the City's Charter to Reduce the Number of Signatures Required to Propose an Initiative Hannah Stone / Lisa Anderson moved final approval of Resolution #2021-16. MOTION CARRIED 5-0-2, Dan Hammill and Pinky Vargas excused. During Committee, the Committee voted to return with an update at the next meeting from staff on possible ways to lengthen the timeline for processing initiatives and provide more time for Council to consider offering an alternative, whether that timeline is controlled by the City Charter or by Municipal Code. 23052 14. Update on Safe Spaces Program Presentation during Committee. Information only. 23053 15. Legislative Update Presentation during Committee. HS 1310 passed and will be effective July 25, 2021. This reduces Police use of force options. The Mayor's office and team are working on alternative solutions in response to behavioral health calls regarding the recent legislation and hope to put in place safety nets and support for members of the community when they call for help. City of Bellingham Regular City Council Meeting Page 5 of 8 7/12/2021 Minutes  16. Approval of Minutes Hollie Huthman / Gene Knutson moved approval of the June 21, 2021 minutes of the regular City Council meeting as submitted. MOTION CARRIED 5-0-2, Dan Hammill and Pinky Vargas excused. 17. Old/New Business Gene Knutson reported that he received a notification during the meeting that currently Whatcom County has reached a 70% vaccinated rate. Lisa Anderson thanked Public Works and the Police Department that helped last week when a major water line broke. Executive Session – Report and Action only. 1. Young v. City of Bellingham et al. Staff provided information on a litigation matter. Gene Knutson / Hollie Huthman moved to authorize the Mayor to enter into a contract with outside legal counsel to assist the City Attorney's Office in representing the City of Bellingham. MOTION CARRIED 5-0-2, Dan Hammill and Pinky Vargas excused. 2. Juarez v. City of Bellingham, et al. Staff provided information on a litigation matter. Hollie Huthman / Michael Lilliquist moved to authorize the Mayor to enter into a settlement agreement with the following terms: dismissal of the lawsuit and resolution of all claims related thereto for payment to the plaintiff of $100,000.00. MOTION CARRIED 5-0-2, Dan Hammill and Pinky Vargas excused. 3. Litigation: Lev v. City of Bellingham Special counsel provided information on a litigation matter. For information and discussion. No action taken. City of Bellingham Regular City Council Meeting Page 6 of 8 7/12/2021 Minutes 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. 23054 1. Renew Inter-local Agreement with Bellingham Public Schools 23055 2. Authorization of A/P Transactions Issued June 25, 2021 through July 01, 2021 23056 3. Authorization of A/P Transactions Issued June 11, 2021 through June 17, 2021 23057 4. Interlocal Agreement Between the City of Bellingham and Whatcom Transportation Authority for the Telegraph Road Multimodal Safety Improvement Project Financial Participation 23058 5. Authorization of Payroll Labor Cost Payments Dated June 01, 2021 to June 15, 2021 Gene Knutson / Hollie Huthman moved approval of the Consent Agenda in its entirety. MOTION CARRIED 5-0-2, Dan Hammill and Pinky Vargas excused. Final Consideration of Ordinances 23011 1. An Ordinance Relating to the Vacation of a portion of Queen Street Lisa Anderson / 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, Anderson, Lilliquist, Huthman NAYS: (None) EXCUSED: Hammill, Vargas MOTION CARRIED and was thereafter named Ordinance 2021-07-027. 23003 2. An Ordinance Amending the 2021-2022 Biennial Budget Increasing Revenues and Expenditures for American Rescue Plan Act Funding Michael Lilliquist / 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, Anderson, Lilliquist, Huthman City of Bellingham Regular City Council Meeting Page 7 of 8 7/12/2021 Minutes  NAYS: (None) EXCUSED: Hammill, Vargas MOTION CARRIED and was thereafter named Ordinance 2021-07-028. 23032 3. An Ordinance Creating a New Fund to Account for the Sales and Use Tax for Housing and Related Services and Amending the 2021-2022 Biennial Budget Gene Knutson / 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, Anderson, Lilliquist, Huthman NAYS: (None) EXCUSED: Hammill, Vargas MOTION CARRIED and was thereafter named Ordinance 2021-07-029. Adjournment There being no further business, the meeting adjourned at 8:16 PM. Hannah Stone, Council President ATTEST: Elisabeth Oakes, Deputy City Clerk APPROVED: 7/26/2021 City of Bellingham Regular City Council Meeting Page 8 of 8 7/12/2021 Minutes