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City Council - Regular Meeting

Regular Meeting

Bellingham, WA · November 22, 2021

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Minutes

City of Bellingham City Council Regular Meeting Minutes November 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. Legislative Assistant Nalini Margaitis 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 December 6, 2021 at 7:00 PM there will be a Public Hearing on the consideration of staff initiated amendments to the Infill Housing Toolkit provisions of the Bellingham Municipal Code 2. On December 6, 2021 at 7:00 PM there will be a Public Hearing on An Ordinance Renewing the Grant of a Franchise to Comcast Cable Communications Management, LLC to Operate and Maintain a Cable System in the City of Bellingham; Setting Forth Conditions Accompanying the Grant of Franchise; and Providing for City Regulation and Administration of the Cable System. A complete copy of the Proposed Ordinance will be Furnished upon Request 3. The next three City Council public comment sessions will be held at 7:00 PM on November 29, December 20, and December 27. Public comment sessions may be accessed via Zoom at: https://cob.org/commentzoom (Meeting ID: 923 0705 9297 Password: 018602) Roll Call Present: Council President Hannah Stone, First Ward Council Member Gene Knutson, Second 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 Excused City of Bellingham Regular City Council Meeting Page 1 of 9 11/22/2021 Minutes Council Member Daniel Hammill, Third Ward Public Hearing 23145 1. Second Public Hearing on the 2021-2022 Mid-Biennium Budget Adjustment Forrest Longman, Deputy Finance Director, provided an overview of the mid-biennium adjustment. Topics included: Improvements to emergency medical and crisis response systems; Investments to support safe, well maintained public spaces; Investments in increasing internal capacity in areas such as technology, finance, and human resources; Increases in communication and outreach staff in Planning & Community Development, Police, Public Works, and the Mayor's office; Investments in diversity, equity, and inclusion. Council President Stone opened the public hearing. No one registered or spoke during the public hearing. The public hearing was closed. Lisa Anderson addressed inclusionary zoning as a means to provide more affordable housing. No action at this time for this agenda bill, but there will be a future ordinance. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. Mayor Seth Fleetwood announced that the book, "Greenwood" by Michael Christie was delivered by Library Director, Rebecca Judd. This is part of a county-wide program (Whatcom Reads) that encourages everyone to read and discuss the same book. A Whatcom Reads author event will occur on March 3-5, 2022. Mayor Fleetwood appointed Teagan Hudson to her first term on the Mayor's Neighborhood Advisory Commission, which will expire on November 1, 2023. Mayor Fleetwood spoke about the recent flooding in the region. (See Committee of the Whole presentation for a complete update). Cleanup continues and extent of damage is not yet known. The city roads, sidewalks, and buildings came out pretty City of Bellingham Regular City Council Meeting Page 2 of 9 11/22/2021 Minutes well, but the bridges are being looked into (Revere and 19th street will require a new bridge). The Mayor thanked everyone involved in the City's response to the historic weather event. Thoughts are with North Whatcom County community members and British Columbia. The Mayor offered his sincerest condolences to the friends and family of 49 year old Everson resident, Jose Garcia, who passed away during last week’s flood. Finally, the Mayor announced that the City accepted the donation of the Lehigh Pier. The Mayor stated that this will be an asset for the waterfront community of Bellingham Bay, an acquisition of an iconic structure and looks forward to the day it will become publicly accessible. 23169 1. Mayor's Appointment of Teagan Hudson to the Mayor's Neighborhood Advisory Commission (Information) Public Comment Report Council President Stone provided a summary of the November 15, 2021 public comment session, where she was joined by Councilmembers Anderson and Lilliquist. A minimum of twenty-six attendees joined the session, with fourteen who spoke. Topics included: pandemic mandates, concerns relating to the need of additional shelter, concerns relating to the flooding and emergency experienced last week. President Stone announced that the reorganization meeting will occur in January 3 and will include a discussion on different forms of public engagement, including public comment. She also expressed her appreciation for community members who have been participating in these public comment events. Minutes that provide a summary of speaker's concerns can be found at www.cob.org/meetings The next scheduled Public Comment session is scheduled for November 29, 2021, at 7:00 PM and can be joined at https://cob.org/commentzoom . Council Standing Committee Meetings: Parks and Recreation 1:00 PM Gene Knutson, Chair Pinky Vargas, Lisa Anderson 23170 1. Consideration of an Ordinance Accepting the Donation of the Pier at Little Squalicum Park from Lehigh Northwest Cement Company Presentation during Committee. City of Bellingham Regular City Council Meeting Page 3 of 9 11/22/2021 Minutes Councilmember Michael Lilliquist inquired about the budget cost of Taylor Dock and how it could compare to what Lehigh Pier might cost. Parks Director, Nicole Oliver, stated that Taylor Dock was a little more than $3 million in total and that it was completed in phases (greenways funding, state, and federal transportation grants). The removal piling cost $150/foot (whereas Lehigh Pier will cost roughly $300- $500/foot due to lack of access to arterials). Taylor Dock is mostly 12' wide (at most, 20') whereas Lehigh Pier is 14' (want to avoid mitigation for any additional overcovering of the water and investigating opportunity for grading that will allow for additional width-widening flexibility). Councilmember Pinky Vargas offered thanks, appreciation, and excitement of the Lehigh Pier. She understood it was a complicated negotiation, but the end result was well worth it: Lehigh will remove the part of the pier that the City is not responsible for, along with the tank. Vargas also added that it did not cost the City additional money to purchase the pier. Councilmember Vargas thanked the City staff for their contribution and provided a special shoutout to Mayor Kelli Linville, who was a strong advocate of the pier. Vargas concluded that this was a huge win for the City, for water access, and for the North side of town. Mayor Seth Fleetwood offered an additional shout out to Mayor Kelli Linville for her active support of the Greenway Funds and recognized that the City wouldn’t be here announcing the pier donation without the preliminary work that was done. Gene Knutson / Pinky Vargas moved for first and second reading. MOTION CARRIED 6-0-1, Daniel Hammill excused. Climate Action 1:15 PM Pinky Vargas, Chair Lisa Anderson sat in for Daniel Hammill, Michael Lilliquist 23171 1. Climate Action Fund Discussion during Committee. The Climate Action Fund will cover both residential and commercial, recognizing that climate change is a crisis that needs to be addressed. While there was universal support, several concerns were raised relating to property tax increase and competing property tax levies for the 2022 ballot. Other discussion included the importance of partnerships with local nonprofits and utility groups. A timeline was provided and there will be many opportunities for the public to engage in this conversation. Pinky Vargas / Gene Knutson moved to recommend approval. City of Bellingham Regular City Council Meeting Page 4 of 9 11/22/2021 Minutes MOTION CARRIED 6-0-1, Daniel Hammill excused. 23172 2. Puget Sound Energy's Presentation of its Draft Clean Energy Implementation Plan (CEIP) Presentation by four representatives of Pudget Sound Energy (PSE) on thier Draft Clean Energy Implementation Plan (CEIP), which included goals to achieve clean energy milestones by 2025 to be coal-free electricity, 2030 carbon neutral electric system, and by 2040 to run on 100% clean energy. Presentation during Committee. Information Only. Committee Of The Whole 2:00 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. 23173 1. Surplus Sale of Fire Pumper Truck #4911 to Fire District 8 Discussion during Committee. Hannah Stone / Michael Lilliquist moved for first and second reading. MOTION CARRIED 6-0-1, Daniel Hammill excused. 22815 2. Renew Interlocal Agreement with Whatcom County Health Department for Crisis Intervention Services Council requested a more detailed report of the Crisis Stablization Center. Hannah Stone / Gene Knutson moved for first and second reading. MOTION CARRIED 6-0-1, Daniel Hammill excused. 23174 3. An Ordinance Creating a Salary Commission Discussion during Committee. Councilmember Pinky Vargas thanked Mayor Fleetwood and Deputy Administrator Brian Heinrich for putting aside this money into the budget. Vargas stated that this is a very important step to promote equity and diversity among the Council, adding that City of Bellingham Regular City Council Meeting Page 5 of 9 11/22/2021 Minutes this position has the potential of a full-time job where officials need not hold a full- time position in order to financially sustain themselves. Hannah Stone / Pinky Vargas moved for first and second reading. MOTION CARRIED 6-0-1, Daniel Hammill excused. 23175 4. Update on City's Response to Recent Storm Event Staff provided an update on the City's response to the storm event on November 14- 16, 2021, acknowledging the many hours of work across multiple departments (Public Works, Parks and Natural Resources, Police, Fire, and others) as well as a loss of a community member, Jose Garcia of Everson. Presentation during Committee. Information only. 23150 5. Budget Work Session Discussion during Committee. Information only. A final ordinance will be presented at the subsequent meeting for approval before the end of the year. Several councilmembers shared excitement for the $60,000 budgeted for an inclusionary zoning study. 6. Approval of Minutes Gene Knutson / Hollie Huthman moved approval of the October 25, 2021, minutes of the regular City Council meeting as submitted. MOTION CARRIED 6-0-1, Daniel Hammill excused. Lisa Anderson / Gene Knutson moved approval of the November 08, 2021, minutes of the regular City Council meeting as submitted. MOTION CARRIED 6-0-1, Daniel Hammill excused. 7. Old/New Business Councilmember Hollie Huthman provided a report out from a ride-along with Opportunity Council homeless outreach team. Huthman stated that she met the team City of Bellingham Regular City Council Meeting Page 6 of 9 11/22/2021 Minutes at 7:00 AM, started at the downtown port for a couple of hours, and then drove to the outskirts. Huthman stated that she was surprised at how knowledgeable the homeless outreach team was of the people they encountered - one of them has been doing this work for decades. Huthman added that many streams and creeks were abandoned (which brings up the question of where people go - hopefully people go to higher ground). Overall, she is confident that the team can continue to do the work. One wonderful story Huthman shared was of someone who had been sleeping outside for a decade, that was housed three years ago, now stable and enjoying their housing. Overall, Huthman says the team provides incredible work that the city just improved funding on this. Huthman encourages others to do a ride-along with the Homeless Outreach Team. Council President Hannah Stone shared that she had the opportunity to join the clean- up team on a ride-along, accompanied by Outreach Officers, Jon Knutson and Kat Dearborn as well as Clean Up Coordinator, Claudia Vizcarra. Stone highlighted the hard work that is happening on the ground and acknowledged those relationships, a lot of whom are known faces and known relationships. Stone also spoke of situations that existed during the pandemic, while moving people along if there was not adequate shelter, and community members with calls requesting to stop the sweep or to halt cleanups. After visiting the homeless encampment, Stone stated that these environments are not fit for anyone to exist. Stone stressed that the work that is being done is to keep everybody safe. Stone stressed that it is a dis-service to turn a blind eye (to not clean up and to not engage people in services), adding that a lot of these locations are dangerous because of feces and needles and not fit for habitation or human existence. By not cleaning, it is a dis-service to the individuals who are by themselves in those circumstances and the broader community. Stone recognizes that the staff and employees go to these locations on a daily basis have a tough job. Stone recognizes that there is a lot more to do, but wants to remind the community at-large that the reason behind this work is to keep community members safe and to connect them with services and housing. Councilmember Lisa Anderson thanked Councilmember Huthman and Stone for providing testimony. Anderson acknowledged that service providers have been demonized for their work. Anderson stated that Police, Fire, Hot Team, and other first responders, have provided much compassion and care and that it is disheartening to hear members of the community presenting information in a way that makes it look like the City staff and its partners in the community are not doing anything. Anderson added that there is a lot of work to do and much to be done to expand these partnerships. Anderson wishes the City and partners could provide housing for everyone, but in the meantime these first responders are providing food and shelter and clothing, and those relationships that they built (many whom are now trying to rebuild these lost relationships, partnering with the community members to make a difference). City of Bellingham Regular City Council Meeting Page 7 of 9 11/22/2021 Minutes Councilmember Pinky Vargas provided a shout out to Nalini Margaitis for going above and beyond in taking on a role which was outside of her job description to assist the Council with their meetings. Council President Stone added that Nalini Margaitis has never shied away from new and ever developing assignments. Executive Session 3:00 PM Closed to the public. Report in the Regular Meeting only: 1. Potential Property Acquisition (Marriner, aprox. 5 min) Staff provided information on a potential property acquisition. Action: Entertain a motion to authorize the purchase of the 0.29-acre Mahal property located at 8 Shorewood Drive in Bellingham, Washington for $312,500, with a closing on or about January 31, 2022. Gene Knutson / Michael Lilliquist moved to recommend approval. MOTION CARRIED 6-0-1, Daniel Hammill excused. 2. Performance Review of Public Employees (Marriner, approx. 40 min) City Council reviewed the performance of several public employees. 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. Michael Lilliquist / Gene Knutson moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0-1, Daniel Hammill excused. 23176 1. Authorization of A/P Transactions Issued October 22, 2021 through October 28, 2021 23177 2. Authorization of A/P Transactions Issued October 29, 2021 through November 04, 2021 City of Bellingham Regular City Council Meeting Page 8 of 9 11/22/2021 Minutes 23178 3. Authorization of Payroll Labor Cost Payments Dated October 16, 2021 to October 31, 2021 Final Consideration of Ordinances Hollie Huthman / 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, Vargas, Anderson, Lilliquist, Huthman NAYS: (None) EXCUSED: Hammill MOTION CARRIED and was thereafter named Ordinance MOTION CARRIED 6-0-1, Daniel Hammill excused. 23164 1. An Ordinance Amending the Bellingham Municipal Code to Exempt Qualifying Non-Profit Cinemas from Admissions Tax Adjournment The next Public Comment session will be next Monday, November 29, 2021, at 7:00 PM and the next regularly scheduled City Council Meeting will be Monday, December 6, 2021, at 7:00 PM. There being no further business, the meeting adjourned at 8:03 PM. Hannah Stone, Council President ATTEST: Nalini Margaitis, Legislative Assistant APPROVED: 12/6/2021 City of Bellingham Regular City Council Meeting Page 9 of 9 11/22/2021 Minutes

Agenda

City of Bellingham City Council Regular Meeting Agenda November 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. Legislative Assistant Nalini Margaitis 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-public-comment  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 the meeting, 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 December 6, 2021 at 7:00 PM there will be a Public Hearing on the consideration of staff initiated amendments to the Infill Housing Toolkit provisions of the Bellingham Municipal Code 2. On December 6, 2021 at 7:00 PM there will be a Public Hearing on An Ordinance Renewing the Grant of a Franchise to Comcast Cable Communications Management, LLC to Operate and Maintain a Cable System in the City of Bellingham; Setting Forth Conditions Accompanying the Grant of Franchise; and Providing for City Regulation and Administration of the Cable System. A complete copy of the Proposed Ordinance will be Furnished upon Request 3. The next three City Council public comment sessions will be held at 7:00 PM on November 29, December 20, and December 27). Public comment sessions may be accessed via Zoom at: https://cob.org/commentzoom (Meeting ID: 923 0705 9297 Password: 018602) Roll Call Public Hearing 23145 1. Second Public Hearing on the 2021-2022 Mid-Biennium Budget p. 6 Adjustment Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 23169 1. Mayor's Appointment of Teagan Hudson to the Mayor's p. 15 Neighborhood Advisory Commission (Information) Public Comment Report 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: Parks and Recreation 1:00 PM Gene Knutson, Chair Pinky Vargas, Lisa Anderson 23170 1. Consideration of an Ordinance Accepting the Donation of the Pier at p. 18 Little Squalicum Park from Lehigh Northwest Cement Company Climate Action 1:15 PM Pinky Vargas, Chair Daniel Hammill, Michael Lilliquist 23171 1. Climate Action Fund p. 40 23172 2. Puget Sound Energy's Presentation of its Draft Clean Energy p. 44 Implementation Plan (CEIP) Committee Of The Whole 2:00 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. 23173 1. Surplus Sale of Fire Pumper Truck #4911 to Fire District 8 p. 65 22815 2. Renew Interlocal Agreement with Whatcom County Health p. 78 Department for Crisis Intervention Services 23174 3. An Ordinance Creating a Salary Commission p. 85 23175 4. Update on City's Response to Recent Storm Event p. 92 23150 5. Budget Work Session p. 93 6. Approval of Minutes 7. Old/New Business Executive Session 3:00 PM Closed to the public. Report in the Regular Meeting only: 1. Potential Property Acquisition (Marriner, approx. 5 min) 2. Performance Review of Public Employees (Marriner, approx. 40 min) 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. 23176 1. Authorization of A/P Transactions Issued October 22, 2021 through p. 110 October 28, 2021 23177 2. Authorization of A/P Transactions Issued October 29, 2021 through p. 111 November 04, 2021 23178 3. Authorization of Payroll Labor Cost Payments Dated October 16, 2021 p. 112 to October 31, 2021 Final Consideration of Ordinances 23164 1. An Ordinance of the City of Bellingham, Washington Amending p. 113 Bellingham Municipal Code Chapter 4.74 to Exempt Non-Profit Cinemas from Admissions Tax 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, December 6, 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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