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City Council - Regular Meeting

Regular Meeting

Bellingham, WA · August 2, 2021

AgendaMinutesPacketVideo Recording

Minutes

City of Bellingham City Council Regular Meeting Minutes August 2, 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 August 30, 2021 at 7:00 PM there will be a Public Hearing to consider an application from the Parks and Recreation Department for a comprehensive plan amendment to rezone six neighborhood parks from a Residential designation to a Public zoning designation. The rezone proposals include Highland Heights Park, Maplewood/Mcleod Park, Birchwood Park, Cornwall Tot Lot, Ridgemont Park, and Sunnyland Park. 2. On August 30, 2021 at 7:00 PM there will be a Public Hearing to consider a request from City staff to amend the Capital Facilities and Utilities Chapter of the 2016 Bellingham Comprehensive Plan to incorporate the City’s new Surface and Stormwater Comprehensive Plan by reference. 3. On August 30, 2021 at 7:00 PM there will be a Public Hearing to consider two requests to docket amendments to the 2016 Bellingham Comprehensive Plan for review in 2021-2022. The comprehensive plan amendment proposals include: a request to rezone a property located at 2948 James Street in Area 1A of the Sunnyland Neighborhood from Residential, Single to Residential Multi, Multiple / Mixed (offices allowed) (no density), and a rezone request in Area 1 of the Cordata Neighborhood to remove all “Town Center” code references in the Cordata PUD. Roll Call Present: Council President Hannah Stone, First Ward Council Member Gene Knutson, Second Ward Council Member Daniel Hammill, Third Ward City of Bellingham Regular City Council Meeting Page 1 of 8 8/2/2021 Minutes 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 Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. The Mayor relayed new guidance regarding masks. The increase of COVID-19 Delta variant and rise in case in Whatcom County has directed the decision to ask that all City staff and the public entering City offices, wear face masks. He reminded all that at the next City Council meeting, scheduled for August 30, the Council and Administration plan to discuss in-person meetings. Recruitment for a Planning & Community Development Director position has begun. The City is seeking an inspired leader for the position and selection timing is aiming for October 2021. Mayor Fleetwood announced that the Lehigh Cement Company has agreed to donate 1, 200 feet of the Lehigh Pier, to the City to be used as a public, waterfront recreational amenity. The Pier extends from the southwest corner of Little Squalicum Beach Park into Bellingham Bay. Some renovations must be made and will likely take 3-4 years. The necessary access easement from Burlington Northern Santa Fe is under review. Public Comment Period Public Comment is suspended until further notice. Council Standing Committee Meetings: Public Works and Natural Resources Michael Lilliquist, Chair Gene Knutson, Lisa Anderson 23059 1. Ordinance Renewing the Cascade Natural Gas Franchise Presentation during Committee. Michael Lilliquist / Gene Knutson moved for first and second reading. City of Bellingham Regular City Council Meeting Page 2 of 8 8/2/2021 Minutes MOTION CARRIED 6-0-1, Pinky Vargas excused. 23069 2. Broadband Advisory Workgroup Update Presentation during Committee. Kris Keillor from the Broadband Workgroup provided an update on accomplishments the workgroup has made thus far. They recently met with a representative from the Washington State Department of Commerce Broadband Director who encouraged the group to develop shovel ready proposals as soon as possible since there are state and federal funds that could be used to get those proposals up and running. Information only. Public Health, Safety, and Justice Daniel Hammill, Chair Gene Knutson, Hollie Huthman 23070 1. Amendment to ALS Interlocal Agreement with Whatcom County Daniel Hammill / Hollie Huthman moved to authorize the Mayor to enter into an amendment of the ALS Interlocal Agreement with Whatcom County. MOTION CARRIED 6-0-1, Pinky Vargas excused. Committee of the Whole 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. 23071 1. City Council Appointment of an Alternate Council President Pro Tempore for August 16-23, 2021 Hannah Stone / Daniel Hammill moved to appoint Council Member Anderson as the alternative Council President Pro-Tempore for the week of August 16-23, 2021. MOTION CARRIED 6-0-1, Pinky Vargas excused. 23045 2. A Resolution Related to Initiative 2021-01, Which Expands Tenant Rights to Include Rental Relocation Assistance City of Bellingham Regular City Council Meeting Page 3 of 8 8/2/2021 Minutes Daniel Hammill / Gene Knutson moved final approval of Resolution #2021-18, in regard to Initiative 2021-01, which would expand tenant rights to include rental relocation assistance. The Council designates Sage Jones, Eve Smason-Marcus, and Seth Mangold to serve on the committee "for" the initiative bill to prepare a statement advocating that voters approve the measure. The Council designates Jim Henderson, Bret Beaupain, and Jon Neville to serve on the committee "against" the initiative bill to prepare a statement advocating that voters reject the measure. MOTION CARRIED 6-0-1, Pinky Vargas excused. 23047 3. A Resolution Related to Initiative 2021-02, Which Concerns the Use of Facial Recognition Technology and Predictive Policing Technology Gene Knutson / Hollie Huthman moved final approval of Resolution #2021-19, in regard to Initiative 2021-02 which would prohibit the use of facial recognition technology and predictive policing technology. The Council designates Cleveland Harris II, Jessmaya Morales, and Josh Cerretti to serve on the committee "for" the initiative bill to prepare a statement advocating that voters approve the measure. The Council designates Phyllis McKee, David Charleston, and Sean Brogan to serve on the committee "against" the initiative bill to prepare a statement advocating that voters reject the measure. MOTION CARRIED 6-0-1, Pinky Vargas excused. 23048 4. A Resolution Related to Initiative 2021-03, Which Concerns Recipients Using City Funds to Discourage Unionization Efforts Hollie Huthman / Daniel Hammill moved final approval of Resolution #2021-20, in regard to Initiative 2021-03, which would prohibit recipients from using city funds to discourage unionization efforts. The Council designates Peter Pihos, Hannah Fishman, and Betsy Pernotto to serve on the committee "for" the initiative bill to prepare a statement advocating that voters approve the measure. The Council designates Dan Dunne, Dave Onkels, and one other to be determined, to serve on the committee "against" the initiative bill to prepare a statement advocating that voters reject the measure. MOTION CARRIED 6-0-1, Pinky Vargas excused. 23049 5. A Resolution Related to Initiative 2021-04, Which Concerns Employee Rights for Hourly-Wage Employees and Gig Workers Gene Knutson / Lisa Anderson moved final approval of Resolution #2021-21, in regard to Initiative 2021-04, which concerns employee rights for hourly-wage employees and gig workers. The Council designates Sam Wambold, Stephanie Oppelaar, and Tyler City of Bellingham Regular City Council Meeting Page 4 of 8 8/2/2021 Minutes Occhiogrosso to serve on the committee "for" the initiative bill to prepare a statement advocating that voters approve the measure. The Council designates Chelsea Acton, Kerri Lonergan-Dreke, and Sarah Rothenbuhler to serve on the committee "against" the initiative bill to prepare a statement advocating that voters reject the measure. MOTION CARRIED 6-0-1, Pinky Vargas excused. 23050 6. A Resolution Appointing Committees to Prepare Statements For and Against a Proposed Charter Amendment to Reduce the Number of Signatures Required to Amend the Charter by the Petition Method Gene Knutson / Hollie Huthman moved final approval of Resolution #2021-22, that appoints community members to serve on the Committees for and against the proposed Charter amendment to reduce the number of signatures required to amend the Charter by the petition method. The City Council designates Michael Lilliquist, Andrew Redding, and Cindy Madigan to serve on the committee "for" the proposed Charter amendment to Article XIII, section 2 of the City's Charter to prepare a statement advocating that voters approve the measure. The City Council made several efforts to solicit committee members to service on the committee "against" the proposed Charter amendment to Article XIII, section 2 of the City's Charter to prepare a statement advocating that voters approve the measure, and none applied. MOTION CARRIED 5-0-2, Pinky Vargas excused, and Michael Lilliquist recused. 23051 7. A Resolution Appointing Committees to Prepare Statements For and Against a Proposed Charter Amendment to Reduce the Number of Signatures Required to Propose an Initiative Lisa Anderson / Daniel Hammill moved final approval of Resolution #2021-23, that appoints community members to serve on the Committees for and against the proposed Charter amendment to reduce the number of signatures required to propose an initiative. The City Council designates Michael Lilliquist, Andrew Redding, and Cindy Madigan to serve on the committee "for" the proposed Charter amendment to X, section 2 of the City's Charter to prepare a statement advocating that voters approve the measure. The City Council made several efforts to solicit committee members to service on the committee "against" the proposed Charter amendment to Article X, section 2 of the City's Charter to prepare a statement advocating that voters approve the measure, and none applied. MOTION CARRIED 5-0-2, Pinky Vargas excused, and Michael Lilliquist recused. 23072 8. Letter to State Officials in Response to House Bill 1310 City of Bellingham Regular City Council Meeting Page 5 of 8 8/2/2021 Minutes Discussion during Committee. Concerning HB 1310 and HB 1223, that recently passed in the Washington State Legislature, Council Member Hammill shared that he met with local representatives and asked that we continue to support development of an alternative response team for emergency services. He also advocates for more understanding on changes in certain recent laws that were passed and more clarity to be provided to local law enforcement on those laws. Information only. 23073 9. Work Session: Council Discussion Regarding Video Platform Options Presentation during Committee by Marty Mulholland, I.T. Director, provided information and options for video live-streaming. Hannah Stone / Daniel Hammill moved to maintain the YouTube channel and provide access to the public. MOTION CARRIED 6-0-1, Pinky Vargas excused. 23074 10. Work Session: Council Discussion Regarding Public Comment Options Discussion during Committee. Options for holding Town Hall style forums for public comment were discussed. Information only. 11. Approval of Minutes Gene Knutson / Hollie Huthman moved approval of the July 26, 2021; minutes of the regular City Council meeting as submitted. MOTION CARRIED 6-0-1, Pinky Vargas excused. 12. Old/New Business Council Member Anderson shared that the Bellingham Dock Side Market is scheduled for two dates, August 7th and August 21st from 10:00 a.m. to 12:00 PM. The Market is held at Squalicum Harbor, Gate 7. It is an opportunity for fresh or flash frozen seafood and a good way to support the local fishing industry. She also announced that the Whatcom Museum has resumed the Historic Sunset Cruise on Tuesdays. It is a great opportunity to cruise the Harbor and support the Whatcom Museum. Interested persons can check the Whatcom Museum website for times and tickets. Council President Stone, shared that in response to HB 1310, she would like to explore other options for expanding our lobbying efforts. She added that she would like to consider adding a designated Council support person for communication. Perhaps a City of Bellingham Regular City Council Meeting Page 6 of 8 8/2/2021 Minutes Council counterpart to current Communications Director to help support City Council's effort to maintain communication with the public. She would like that to be an item on the radar as budget discussions begin in the next month. Dan Hammill / Hollie Huthman moved to bring forth a discussion on lobbying efforts and an additional communications assistant to Council at September meeting. MOTION CARRIED 6-0-1, Pinky Vargas excused. Executive Session – Report and Action only. 1. Potential Property Acquisition Staff provided information on a potential property acquisition. For information and discussion. No action taken. 2. Litigation: Lev v. City of Bellingham Special counsel 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. 23075 1. Authorization of A/P Transactions Issued July 02, 2021 through July 08, 2021 23076 2. Authorization of A/P Transactions Issued July 09, 2021 through July 15, 2021 23077 3. Authorization of Payroll Labor Cost Payments Dated July 01, 2021 to July 15, 2021 Gene Knutson / Hollie Huthman moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0-1, Pinky Vargas excused. Adjournment There being no further business, the meeting adjourned at 8:03 PM. Hannah Stone, Council President City of Bellingham Regular City Council Meeting Page 7 of 8 8/2/2021 Minutes ATTEST: Elisabeth Oakes, Deputy City Clerk APPROVED: 8/30/2021 City of Bellingham Regular City Council Meeting Page 8 of 8 8/2/2021 Minutes

Agenda

City of Bellingham City Council Regular Meeting Agenda August 2, 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. 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 not required 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 also 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 listen to the meeting via telephone. Members of the public who would like to listen 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 Advance Public Hearing testimony, and general Public Comment, can always be presented to the Council:  by mail (210 Lottie Street, Bellingham, WA 98225)  online o for a public hearing: https://cob.org/gov/public/public-hearing-testimony o for general public comment: https://engagebellingham.org/council- publiccomment  by telephone (360-778-8200) Members of the public are also invited to provide live testimony during any Public Hearing. Pre-registration through the sign-up link (https://cob.org/ccsignup) is encouraged but not required. To testify live during a public hearing, speakers can join the remote meeting at the following link: https://cob.org/cczoom Meeting ID: 941 9601 5179 Meeting 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. 1. On August 30, 2021 at 7:00 PM there will be a Public Hearing to consider an application from the Parks and Recreation Department for a comprehensive plan amendment to rezone six neighborhood parks from a Residential designation to a Public zoning designation. The rezone proposals include Highlands Heights Park, Maplewood/Mcleod Park, Birchwood Park, Cornwall Tot Lot, Ridgemont Park, and Sunnyland Park. 2. On August 30, 2021 at 7:00 PM there will be a Public Hearing to consider a request from City staff to amend the Capital Facilities and Utilities Chapter of the 2016 Bellingham Comprehensive Plan to incorporate the City’s new Surface and Stormwater Comprehensive Plan by reference. 3. On August 30, 2021 at 7:00 PM there will be a Public Hearing to consider two requests to docket amendments to the 2016 Bellingham Comprehensive Plan for review in 2021-2022. The comprehensive plan amendment proposals include: a request to rezone a property located at 2948 James Street in Area 1A of the Sunnyland Neighborhood from Residential, Single to Residential Multi, Multiple/Mixed (offices allowed) (no density), and a rezone request in Area 1 of the Cordata Neighborhood to remove all “Town Center” code references in the Cordata PUD. Roll Call Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 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 10:00 AM Michael Lilliquist, Chair Gene Knutson, Lisa Anderson 23059 1. Ordinance Renewing the Cascade Natural Gas Franchise p. 6 23069 2. Broadband Advisory Workgroup Update p. 54 Public Health, Safety, and Justice 10:45 AM Daniel Hammill, Chair Gene Knutson, Hollie Huthman 23070 1. Amendment to ALS Interlocal Agreement with Whatcom County p. 60 Committee Of The Whole 1:00 PM 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. 23071 1. City Council Appointment of an Alternate Council President Pro p. 66 Tempore for August 16-23, 2021 23045 2. A Resolution Related to Initiative 2021-01, Which Expands Tenant p. 67 Rights to Include Rental Relocation Assistance 23047 3. A Resolution Related to Initiative 2021-02, Which Concerns the Use of p. 71 Facial Recognition Technology and Predictive Policing Technology 23048 4. A Resolution Related to Initiative 2021-03, Which Concerns Recipients p. 75 Using City Funds to Discourage Unionization Efforts 23049 5. A Resolution Related to Initiative 2021-04, Which Concerns Employee p. 79 Rights for Hourly-Wage Employees and Gig Workers 23050 6. A Resolution Appointing Committees to Prepare Statements For and p. 83 Against a Proposed Charter Amendment to Reduce the Number of Signatures Required to Amend the Charter by the Petition Method 23051 7. A Resolution Appointing Committees to Prepare Statements For and p. 86 Against a Proposed Charter Amendment to Reduce the Number of Signatures Required to Propose an Initiative 23072 8. Letter to State Officials in Response to House Bill 1310 p. 89 23073 9. Work Session: Council Discussion Regarding Video Platform Options p. 91 23074 10. Work Session: Council Discussion Regarding Public Comment Options p. 92 11. Approval of Minutes 12. Old/New Business Executive Session 3:30 PM Closed to the public. Report in the Regular Meeting only: 1. Potential Property Acquisition (Marriner, approx. 15 mins) 2. Litigation: Lev v. City of Bellingham (DiJulio, approx. 30 mins) 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. 23075 1. Authorization of A/P Transactions Issued July 02, 2021 through July p. 93 08, 2021 23076 2. Authorization of A/P Transactions Issued July 09, 2021 through July p. 94 15, 2021 23077 3. Authorization of Payroll Labor Cost Payments Dated July 01, 2021 to p. 95 July 15, 2021 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 Deputy City 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 30, 2021 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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