City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes June 27, 2022, 7:00 PM Mayor: Seth Fleetwood Contact: (360) 778-8100, mayorsoffice@cob.org Council Members: Hannah Stone, Hollie Huthman, Contact: (360) 778-8200, ccmail@cob.org Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, https://cob.org/council Michael Lilliquist and Kristina Michele Martens All meetings are held in the City Hall Council Chambers at 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 Stone at 7:00pm. 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 Daniel Hammill, Third Ward Council Member Edwin H. "Skip" Williams, Fourth Ward Council Member Lisa Anderson, Fifth Ward Council Member Kristina Michele Martens, At Large Excused Council Member Hollie Huthman, Second Ward Council Member Michael Lilliquist, Sixth Ward Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 23377 1. Mayor's Appointments to the Mayor's Neighborhood Advisory p. 6 Commission (Information) Mayor Fleetwood appointed Jack Wellman as the Sehome Neighborhood Primary Representative to his first term, which will expire on June 21, 2024, at which time he may be reappointed. Mayor Fleetwood appointed Kevin Jenkins as the Puget Neighborhood Primary Representative to his first partial term, which will expire on March 31, 2023, at which time he may be reappointed. City of Bellingham Regular City Council Meeting Page 1 of 9 6/27/2022 Minutes 23378 2. Mayor's Appointments to the Community Development Advisory p. 11 Board (Information) Mayor Fleetwood appointed Jonathan Scanlon to his first partial term, which will expire on November 1, 2023, Ryan Wood to his first partial term, which will expire on January 24, 2023, and Jonathan Stubblefield to his first term, which will expire on June 21, 2025. All three may be reappointed at the time of their term expirations. Mayor Fleetwood expressed concern with the recent U.S. Supreme Court decision overturning Roe v. Wade. Thanked the Council for their discussion earlier this afternoon and welcomes the Council passing another Resolution in support of women's reproductive rights and right to choose. The Public Hearing for the Climate Action Fund was cancelled this evening. Earlier this week, a strategic pause was announced on the proposed Climate Action Fund ballot measure in order to avoid competition with other important ballot initiatives and expand the coalition of support for the measure. Mayor Fleetwood thanked Lt. Claudia Murphy for his recent tour with the Bellingham Police Department and encouraged others to attend trainings with BPD. The Port of Bellingham is hosting a 4th of July celebration at the Downtown Waterfront. As a reminder, ten years ago the City prohibited the discharge of personal fireworks within City limits. Mayor Fleetwood thanked Gregory Aucutt, Assistant Director of Planning and Community Development, for his years of service to the City of Bellingham and wished him the best in his upcoming retirement. Council Standing Committee Meetings: Public Works & Natural Resources Committee 1:00 PM Michael Lilliquist, Chair Lisa Anderson, Kristina Michele Martens, Edwin H. "Skip" Williams 23379 1. Report From the June 1, 2022, Lake Whatcom Policy Group Meeting p. 3 Councilmember Anderson provided a summary of the discussion and recommendations from the June 1, 2022, Lake Whatcom Policy Group Meeting. Information only. City of Bellingham Regular City Council Meeting Page 2 of 9 6/27/2022 Minutes Committee Of The Whole 1:15 PM Hannah Stone, Chair Hollie Huthman, Daniel Hammill, Edwin H. "Skip" Williams, Lisa Anderson, Michael Lilliquist, Kristina Michele Martens 23380 1. Consideration of a Draft Interlocal Agreement with Whatcom County p. 34 Concerning Joint Planning, Development Review and Annexation in Bellingham Urban Growth Areas The current 10-year Interlocal Agreement with Whatcom County concerning Joint Planning, Development Review and Annexation in Bellingham Urban Growth Areas expires June 30, 2022. An updated agreement was developed by City and County Planning, and Public Works staff. Hannah Stone / Daniel Hammill moved to recommend approval of the Draft Interlocal Agreement with Whatcom County Concerning Joint Planning, Development Review and Annexation in Bellingham Urban Growth Areas. MOTION CARRIED 5-0. 23381 2. An Ordinance Amending the 2021-2022 Biennial Budget to Increase p. 57 American Rescue Plan Act Expenditures for Food Security The ordinance amends the 2021-2022 Biennial Budget to add $500,000 of American Rescue Plan Act expenditures in the General Fund, non-departmental to support food security in the face of increasing demand for Bellingham Food Bank services and persistently inflating food costs. Councilmember Hammill reiterated that City staff is working on a review of food deserts and how other communities have addressed these challenges. The work is still underway and anticipate a follow-up discussion later this summer. Hannah Stone / Lisa Anderson moved for first and second reading. MOTION CARRIED 5-0. 23383 3. Affirming that the Display of Flags on City Property is Government p. 62 Speech Mayor Fleetwood and James Erb, City Attorney, highlighted the impact of a recent U.S. Supreme Court case, which recognizes that government entities are entitled to select the views they want to express. The resolution establishes and preserves the City’s authority to select, while following state and federal requirements, City of Bellingham Regular City Council Meeting Page 3 of 9 6/27/2022 Minutes  commemorative flags for display on City flagpoles. The resolution proposes that commemorative flags be considered government speech and proposes the City Council formally establish that municipal flagpoles are not intended to serve as forums for free expression by the public. It proposes that commemorative flags be flown as authorized by the City Council, in limited and temporary ways, as expressions of the City’s official policies, priorities and sentiments. While the resolution is specific to City Hall flagpoles it doesn't infringe upon citizen's ability to demonstrate in the square. Hannah Stone / Lisa Anderson moved final approval of Resolution #2022-13. MOTION CARRIED 5-0. Mayor Fleetwood asked, and the Council unanimously supported a motion to authorize his office to display Pride Banners on City utility poles. At this time, the City does not recommend a formal resolution needs to be drafted and approved. 23382 4. Approval of the 2022 EMS Levy Ballot Proposition p. 67 Bill Hewett, Fire Chief and Mayor Fleetwood discussed renewal of the EMS levy and requested the Council not to approve the resolution in its current form, while the City further negotiates with the Whatcom County Council. The County Council approved last minute amendments to lower the City reimbursement rate from $.295 to $.19 and remove diversity, equity, inclusion (DEI) training and hiring language. They will continue negotations with the Whatcom County Council and are hoping for resolution at their July 12, 2022 meeting. Fire Chief Bill Hewett provided clarifications from the afternoon meeting regarding budgetary items. The EMS Reserve is 70% of expenditures vs. 80% of revenues, Also, the County EMS administrator projects $14.8 million in the reserve fund at the end of 2022. This means we are on track for 2023 expenditures. No action taken. 23391 5. Approval of City Council Meeting Minutes p. 124 Councilmember Anderson proposed revisions to a motion at the June 7, 2022, Committee of the Whole meeting minutes, under Old/New business from, “moved to request City staff to create a document outlining policy concerns and recommendations for the Climate Action Fund and the just transition” to "make a motion that we request the City staff and Legal or the Mayor’s Office to extrapolate what is concerns vs. what are legal concerns and provide that document so that it can be made public in order to basically separate the content." Hannah Stone / Kristina Michele Martens moved to recommend approval. City of Bellingham Regular City Council Meeting Page 4 of 9 6/27/2022 Minutes  MOTION CARRIED 5-0. Daniel Hammill / Edwin H. "Skip" Williams moved to recommend approval of June 6, 2022, Regular City Council meeting minutes as amended. MOTION CARRIED 5-0. 6. Old/New Business In June 2019, the City passed Resolution #2019-19, "in support of the right to bodily autonomy and support of a person's right to access the full spectrum of reproductive health care services including the right to access abortion regardless of gender identity and expression, documentation status, income or age." The Council would like to review the prior resolution, statewide legislative efforts, and ultimately vote on a new resolution at the August 1, 2022, meeting when all Councilmembers can be present. Executive Session 2:30 PM Closed to the public. Report in the Regular Meeting only: 1. Potential Property Acquisition (Stamps, approx. 3 min) Daniel Hammill / Lisa Anderson entertained a motion to approve the acquisition of the subject property pursuant to the City’s purchase and sale agreement with Joyce Busch, dated June 27, 2022, with the following terms: Purchase of the property for $295,000, with a closing to occur on July 29, 2022, or as soon thereafter as practicable. MOTION CARRIED 5-0. 2. Potential Property Acquisition (Stamps, approx. 3 min) Lisa Anderson / Kristina Michele Martens entertained a motion to approve the acquisition of the subject property pursuant to the City’s purchase and sale agreement with RKS Development, Inc., dated June 27, 2022, with the following terms: Purchase of the property for $195,000, with a closing to occur on July 29, 2022, or as soon thereafter as practicable. MOTION CARRIED 5-0. 3. Potential Litigation Claim: #2022-14 (Good, approx. 5 min) Staff provided information on a potential litigation matter. For information and discussion. No action taken. City of Bellingham Regular City Council Meeting Page 5 of 9 6/27/2022 Minutes  4. Potential Litigation Claim: #2022-13 (Good, approx. 10 min) Staff provided information on a potential litigation matter. For information and discussion. No action taken. 5. Review Proposed Collective Bargaining Agreement for IAFF, Local 106 (Monahan, approx. 10 min) Daniel Hammill / Edwin H. "Skip" Williams entertained a motion to ratify the agreement reached with the following general terms: DURATION: January 1, 2022 through December 31, 2023. WAGES AND COMPENSATION: • Effective January 1, 2022 – 6% increase in base rate of pay • Effective January 1, 2022 – 2% increase in Captain’s pay grade • Effective upon ratification, 1% increase in deferred compensation match • Add Juneteenth holiday • Adjustments to premiums including Acting Captains, paramedic students, and specialties • Wage (COLA) reopener for 2023 HEALTH INSURANCE:  Increase City’s contribution to Medical Health Care by 6% in each year of the agreement MOTION CARRIED 5-0. 6. Review Proposed Collective Bargaining Agreement for Fraternal Order of Police (Monahan, approx. 10 min) Edwin H. "Skip" Williams / Lisa Anderson entertained a motion to ratify the agreement reached with the following general terms: DURATION: January 1, 2022 through December 31, 2024. WAGES AND COMPENSATION: • Effective January 1, 2022 – 1% increase over top step Sergeant for a total of 17% • Effective January 1, 2023 – 1% increase over top step Sergeant for a total of 18% • Add Juneteenth holiday City of Bellingham Regular City Council Meeting Page 6 of 9 6/27/2022 Minutes  • Future Changes section defines where Fraternal Order of Police will receive a ‘me too’ agreement for relevant changes related to wages, deferred compensation, educational incentives, or longevity. HEALTH INSURANCE: • Increase City’s contribution to Medical Health Care by 6% in each year of the agreement MOTION CARRIED 5-0. 7. Litigation: Hanlon v. City of Bellingham (Erb, approx. 15 min) 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. 23384 1. Authorization of Payroll Labor Cost Payments Dated May 16, 2022 to p. 142 May 31, 2022 23385 2. Authorization of A/P Transactions Issued May 20, 2022 through May p. 143 26, 2022 23386 3. Authorization of A/P Transactions Issued May 27, 2022 through June p. 144 02, 2022 23387 4. Authorization of A/P Transactions Issued June 03, 2022 through June p. 145 10, 2022 23388 5. Authorization of A/P Transactions Issued June 10, 2022 through June p. 146 16, 2022 23392 6. Interagency Agreement Between the City of Bellingham and Western p. 147 Washington University for 2022 Residential Survey 23389 7. Authorize the Mayor to Enter into an Interlocal Agreement with p. 157 Whatcom Transportation Authority (WTA) for Use of City Owned Fiber Optics 23390 8. Recreational Services Interlocal Agreement with Bellingham School p. 178 District City of Bellingham Regular City Council Meeting Page 7 of 9 6/27/2022 Minutes  Daniel Hammill / Edwin H. "Skip" Williams moved to recommend approval of the Consent Agenda in its entirety. MOTION CARRIED 5-0. Final Consideration of Ordinances 23362 1. An Ordinance of the City of Bellingham, Washington Providing for the p. 189 Acquisition by Eminent Domain of Property for the Purpose of the City’s Telegraph Road Multimodal Safety Improvements Project and Authorizing Payment thereof from the City’s Street Fund or from Such Other Monies that the City may have Available or Attain for the Acquisition Daniel Hammill / Edwin H. "Skip" Williams 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, Hammill, Williams, Anderson, Martens NAYS: (None) EXCUSED: Huthman, Lilliquist MOTION CARRIED and was thereafter named Ordinance #2022-06-015. 23370 2. An Ordinance Amending the 2021-2022 Biennial Budget Increasing p. 309 Expenditures Related to a Bridge Loan to Preserve Affordable Housing Lisa Anderson / Kristina Michele Martens 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, Hammill, Williams, Anderson, Martens NAYS: (None) EXCUSED: Huthman, Lilliquist MOTION CARRIED and was thereafter named Ordinance #2022-06-016. 23371 3. An Ordinance of the City of Bellingham Establishing a Shelter p. 312 Protection Area Immediately Adjacent to the Interim Housing Facility Located at 910 W. Holly Street within which Certain Activities that Adversely Affect the Operations of the Interim Housing Facility, Residents of the Interim Housing City of Bellingham Regular City Council Meeting Page 8 of 9 6/27/2022 Minutes  Lisa Anderson / Kristina Michele Martens 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, Hammill, Williams, Anderson, Martens NAYS: (None) EXCUSED: Huthman, Lilliquist MOTION CARRIED and was thereafter named Ordinance #2022-06-017. Adjournment Next council meeting is Monday, July 11th. Wishing everyone a safe 4th of July. Hannah Stone, Council President ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 7/11/2022 City of Bellingham Regular City Council Meeting Page 9 of 9 6/27/2022 Minutes