City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes August 29, 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. 1. On September 12, 2022, at 7:00 PM, there will be a Public Hearing to consider proposed amendments to the Bellingham Municipal Code (BMC) to establish a Manufactured Home Park (MHP) overlay and regulations related to the change of use, ownership, and closure of a MHP. 2. On September 19, 2022, at 6:00 PM, Bellingham City Council will hold its third Town Hall meeting remotely via Zoom. The third Town Hall meeting will be devoted to Community Voices on Funding Priorities. You may join the meeting via Zoom at: https://cob.zoom.us/join and enter the following Webinar ID and Passcode: Webinar ID: 846 0180 2457 Passcode: 766025 Roll Call Present: Council President Hannah Stone, First Ward Council Member Hollie Huthman, Second Ward Council Member Daniel Hammill, Third Ward Council Member Edwin H. "Skip" Williams, Fourth Ward Council Member Lisa Anderson, Fifth Ward Council Member Michael Lilliquist, Sixth Ward Council Member Kristina Michele Martens, At Large Public Hearings City of Bellingham Regular City Council Meeting Page 1 of 10 8/29/2022 Minutes 23420 1. Public Hearing and Resolution on the Proposed Relinquishment of a p. 7 Retained Utility Easement Encumbering 818 14th Street in Bellingham Chad Schulhauser, Public Works, provided a summary of the relinquishment of a surplus utility easement on a property at 818 14th Street in Bellingham. The Public Works Department reviewed the requested relinquishment and determined that the portion of the easement that encumbers the subject property is surplus to the City’s needs and not needed for utility service. Council President Stone opened the public hearing. One community member spoke at the public hearing. Council President Stone closed the Public Hearing. Daniel Hammill / Hollie Huthman moved final approval of Resolution #2022-16. MOTION CARRIED 7-0. 23419 2. Public Hearing on an Emergency Ordinance Imposing a Moratorium p. 21 on the Acceptance of Development Applications Within the RM Zones in the Silver Beach Neighborhood Blake Lyon, Director of Planning & Community Development provided a summary of the Emergency Ordinance #2022-07-019. On July 11, 2022, the City Council adopted an emergency one-year moratorium ordinance that prohibits the acceptance of development applications for new residential housing within the four residential multi- family zones in the Silver Beach neighborhood. The moratorium enables City staff to determine if multi-family densities in the Silver Beach neighborhood are consistent with existing City policies for protection of water quality in Lake Whatcom. State law (RCW 36.70A.390) requires the City Council to hold a public hearing on an emergency ordinance within 60-days of passage. Following the public testimony, City Council may keep the moratorium in place by taking no action or vote to modify or rescind the moratorium ordinance. Council President Stone opened the Public Hearing. One community member spoke at the public hearing. Council President Stone closed the Public Hearing. The Council supported maintaining the Emergency Ordinance #2022-07-019. No additional Council action taken. City of Bellingham Regular City Council Meeting Page 2 of 10 8/29/2022 Minutes 23421 3. Public Hearing on the Hundred Acre Wood (aka Chuckanut p. 31 Community Forest) Master Plan Nicole Oliver, Director of Parks and Recreation, presented on the draft the Master Plan of the Chuckanut Community Forest or proposed name, Hundred Acre Wood. The master planning process engaged hundreds of park users, included a steering committee and consultant help, and was informed by scientific assessment of property located in the south side of Bellingham. Both Greenways Advisory Committee and Parks & Recreation Advisory Board voted to approve this plan and the proposed name of Hundred Acre Wood. A presentation by staff will provide an introduction to the public hearing, and Council should finalize their review by the end of September 2022. Council President Stone opened the Public Hearing. Thirteen members of the public spoke at the hearing. Council President Stone closed the Public Hearing. Michael Lilliquist / Daniel Hammill moved to recommend further discussion of the Master Plan to the Parks and Recreation Committee. MOTION CARRIED 7-0. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. 23422 1. Mayor's Appointment of Sarah Gardner to the Greenways Advisory p. 70 Committee (Approval) Mayor Fleetwood appointed Sarah Gardner to her first partial term on the Greenways Advisory Committee, which will expire on December 13, 2024, at which time she may be reappointed. Daniel Hammill / Lisa Anderson moved to recommend approval of Sarah Gardner to the Greenways Advisory Committee. MOTION CARRIED 7-0. 23431 2. Salary Commission Appointments p. 76 Mayor Fleetwood appointed the following to the Salary Commission to determine City Council compensation: Gene Knutson, Pinky Vargas, RB Tewksbury, Kenny Ramberg, Jedediah Givens, Gerard Kahle, and Ken Hertz to a single term. The Commission will begin work on Wednesday, September 14, 2022 and conclude by the end of the year. City of Bellingham Regular City Council Meeting Page 3 of 10 8/29/2022 Minutes  Edwin H. "Skip" Williams / Lisa Anderson moved to recommend approval of Gene Knutson, Pinky Vargas, RB Tewksbury, Kenny Ramberg, Jedediah Givens, Gerard Kahle, and Ken Hertz to serve on the Salary Commission. MOTION CARRIED 7-0. Council Standing Committee Meetings: Public Works and Natural Resources 9:00 AM Michael Lilliquist, Chair Lisa Anderson, Kristina Michele Martens 23423 1. Neighborhood Traffic p. 94 Eric Johnston and Steve Haugen from the Department of Public Works, reviewed the history of the neighborhood traffic safety program (NTSP) that was in place from 1995 to 2008 and efforts since then to address safety. The NTSP was suspended in 2008 due in part to budget constraints during the recession. Using the prioritized project list in the Bicycle and Pedestrian Master Plans, the City has continued to consider and construct traffic calming elements on city streets. Michael Lilliquist / Lisa Anderson moved to direct the Transportation Commission to study neighborhood traffic programs in other communities, explore connections to ongoing updates on the Bike and Pedestrian plans, and to consider equity and provide policy/program recommendations to the City Council. MOTION CARRIED 7-0. 23424 2. Amendment to Grant Agreement for the Middle Fork Nooksack River p. 116 Fish Passage Project In 2019, the City entered into a $10M grant agreement with the Washington State Recreation and Conservation Office (RCO), Puget Sound Acquisition and Restoration Program, to assist with the construction of the City's Middle Fork Nooksack River Fish Passage Project. The City has received an additional increase in the project funding of $1,537,580 bringing the total RCO grant funds to $14,097,830. Michael Lilliquist / Daniel Hammill moved to authorize the amendment to the Grant Agreement for the Middle Fork Nooksack River Fish Passage contract. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 4 of 10 8/29/2022 Minutes Parks and Recreation 10:15 AM Edwin H. "Skip" Williams, Chair Hollie Huthman, Lisa Anderson 23425 1. Formal Naming of Hundred Acre Wood (aka Chuckanut Community p. 120 Forest) Nicole Oliver, Director of Parks and Recreation, reviewed the proposed Hundred Acre Wood name for the Chuckanut Community Forest. As part of the master planning of the Chuckanut Community Forest, the City includes a formal naming process. Per City policy PAR 1.01.01, the Park Director or staff solicit names from the public and forward all the proposed names to the Parks & Recreation Advisory Board (PRAB) for final recommendation to City Council. The PRAB approved the proposed name of Hundred Acre Wood on August 10, 2022. Edwin H. "Skip" Williams / Lisa Anderson moved to table approval of the naming of the Chuckanut Forest until after the Public Hearing and the Master Plan is approved. MOTION CARRIED 7-0. Climate Action 10:30 AM Kristina Michele Martens, Chair Daniel Hammill, Michael Lilliquist 23426 1. Resolution Correcting Scrivener's Error in Resolution 2020-45 - p. 125 Amending the Climate Action Plan At the November 23, 2020 meeting, City Council approved Resolution #2020-45 to amend the Climate Action Plan to include new items from the Climate Action Task Force Report. City Council approved the resolution with changes to two of the ten items. One of those changes was inadvertently omitted in the final, signed version of Resolution #2020-45. The proposed resolution corrects this scrivener's error. Kristina Michele Martens / Daniel Hammill moved final approval of Resolution #2022- 17. MOTION CARRIED 7-0. 23427 2. Cool City Challenge p. 144 Clare Fogelsong, Public Works, presented on the City Council's request for staff to evaluate the Cool City Challenge and determine if the City of Bellingham should participate. The Cool Cities Challenge aims to motivate communities to be carbon neutral by 2030 with no offsets via a $1 million grant from the Empowerment City of Bellingham Regular City Council Meeting Page 5 of 10 8/29/2022 Minutes  Institute. Given the arduous application process, the redundancies with existing city programs, the limited carbon emission reductions, and the administration of 400 Cool Blocks staff recommends the City maintain focus on existing climate mitigation, adaptation, and outreach initiatives with higher emissions reductions benefits. Climate related outreach and education should continue to build on the ALL IN: for Climate Action campaign and consider including the concepts of the Cool City ideas in those programs when feasible. Councilmember Martens will follow-up with community members to see if they wish to take the lead on this project. Committee Of The Whole 1:00 PM Hannah Stone, Chair Hollie Huthman, Daniel Hammill, Edwin H. "Skip" Williams, Lisa Anderson, Michael Lilliquist, Kristina Michele Martens 23428 1. Presentation on 22 North p. 147 Greg Winter, Executive Director at the Opportunity Council, Adrienne Solenberger, Housing and Operations Manager at the Opportunity Council and Jason McGill, Executive Director of Northwest Youth Services, presented an update on the management of 22 North, a supportive housing facility. This included discussion of work to improve services for clients, enforcing visitor/guest rules, focusing on staff and staff retention, improvements to the physical structure by installing a sound system and lights surrounding the building, and participating in a Neighborhood Taskforce. 23430 2. An Ordinance Amending the 2021-2022 Biennial Budget - Increasing p. 148 Expenditures and Adding Positions Forrest Longman, Deputy Finance Director, and Chief Rebecca Mertzig presented in support of the Ordinance. The addition of four Community Service Officers will provide needed support in the Police Department, freeing up Police Officers by interacting with the public at the station, taking reports over the phone, and performing other duties that do not require a uniformed officer. The City has faced challenges in fully staffing the Police Department and the Community Service Officers present an opportunity to immediately add capacity. Due to ongoing salary savings, this addition requires no appropriations in the current biennium. New budget modification forms were noted as an addition to the packet and will be provided in all budget requests moving forward to improve transparency and decision- making. Hannah Stone / Lisa Anderson moved for first and second reading. City of Bellingham Regular City Council Meeting Page 6 of 10 8/29/2022 Minutes  MOTION CARRIED 7-0. 23429 3. 2022 Mid Year Financial Review p. 154 Andy Asbjornsen, Finance Director, provided a summary of the City's financial position for the period that ended June 30, 2022. This presentation and other financial information are available on the City's website at https://cob.org/gov/dept/finance/reports. 23391 4. Approval of City Council Meeting Minutes p. 172 Daniel Hammill / Edwin H. "Skip" Williams moved approval of the August 1, 2022 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 5. Old/New Business The butterfly origami art installation that was displayed at City Hall was removed due to a lack of legal permitting. The City Hall lobby is not considered a public forum and the policy was enforced as part of a recent US Supreme Court decision. Executive Session 3:00 PM Closed to the public. Report in the Regular Meeting only: 1. Potential Property Acquisition (Stamps, approx. 3 min) Staff provided information on the potential acquisition of 3 watershed parcels totaling 2 acres with 3 potential development units, owned by Christopher Drake. Daniel Hammill / Michael Lilliquist moved to approve the acquisition of the subject property pursuant to the City’s purchase and sale agreement with Christopher Drake, with the following terms: Purchase of the property for $250,000, with a closing to occur on August 31, 2022. MOTION CARRIED 7-0. 2. Potential Property Acquisition (Stamps, approx. 3 min) Staff provided information on the potential acquisition of 2 watershed parcels totaling 1.17 acres with 2 potential development units, owned by Donald and Heather Templin. City of Bellingham Regular City Council Meeting Page 7 of 10 8/29/2022 Minutes  Edwin H. "Skip" Williams / Hollie Huthman moved to approve the acquisition of the subject property pursuant to the City’s purchase and sale agreement with Donald and Hether Templin, with the following terms: Purchase of the property for $60,000, with a closing to occur on August 31, 2022. MOTION CARRIED 7-0. 3. Litigation: Eldard v. City of Bellingham (Good, approx. 10 min) Staff provided information on a litigation matter. For information and discussion. No action taken. 4. Litigation: Ghanbari v. City of Bellingham (Good, approx. 10 min) Staff provided information on a litigation matter. Edwin H. "Skip" Williams / Lisa Anderson moved to approve the Mayor to enter into a contract with outside legal counsel to represent the Bellingham Police officers named in this lawsuit. MOTION CARRIED 7-0. 5. Labor Relations: Discuss Collective Bargaining Strategy (Monahan, approx. 10 min) Staff provided information on a labor relations matter. For information and discussion. No action taken. 6. Labor Relations: Review Contract Proposal for Bellingham Police Guild (Monahan, approx. 10 min) Staff provided information on the proposed 2022 collective bargaining agreement with the Bellingham Police Guild. Edwin H. "Skip" Williams / Lisa Anderson moved to approve the agreement reached with the following general terms: DURATION: January 1, 2022 through December 31, 2022. WAGES AND COMPENSATION:  Effective January 1, 2022 – 5.0% Increase in base rate of pay (COLA).  Effective upon ratification, adjust the salary structure by increasing Step 1 Grade 29 by 3%. All other steps and grades are recalculated based on this increase. City of Bellingham Regular City Council Meeting Page 8 of 10 8/29/2022 Minutes   Effective upon ratification, all active employees will receive a $700 signing bonus. HEALTH INSURANCE  Restructure the employer HSA contribution in the High Deductible Plan to mirror the formula used in all other plans. MOTION CARRIED 7-0. 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. 23432 1. Inter-Agency Agreement with Washington State Department of p. 182 Ecology to Sponsor Two Washington Conservation Corps Crews for Natural Resource Projects 23433 2. Authorization of A/P Transactions Issued July 22, 2022 through July p. 196 28, 2022 23434 3. Authorization of A/P Transactions Issued July 29, 2022 through p. 197 August 04, 2022 23435 4. Authorization of A/P Transactions Issued August 05, 2022 through p. 198 August 11, 2022 23436 5. Authorization of A/P Transactions Issued August 12, 2022 through p. 200 August 19, 2022 23437 6. Authorization of Payroll Labor Cost Payments Dated July 16, 2022 to p. 201 July 31, 2022 23438 7. Authorize the Mayor to Enter Into Amendment 1 of an Inter-Agency Agreement with the Washington State Recreation and Conservation Office for ESRP Grant Funding for Little Squalicum Estuary Daniel Hammill / Edwin H. "Skip" Williams moved to approve the Consent Agenda in its entirety. MOTION CARRIED 7-0. Adjournment There being no further business, the committee adjourned at 9:30pm. City of Bellingham Regular City Council Meeting Page 9 of 10 8/29/2022 Minutes Hannah Stone, Council President ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 9/12/2022 City of Bellingham Regular City Council Meeting Page 10 of 10 8/29/2022 Minutes