City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes November 7, 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 7pm. Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. 1. On November 14, 2022 at 6:00 PM, Bellingham City Council will hold its fourth and final Town Hall of 2022 devoted to Community Voices on Affordable Housing. To access this hybrid Town Hall via Zoom, please visit: https://www.cob.org/cctownhall Webinar ID: 890 9634 3890 Webinar Passcode: 408564 2. On November 21, 2022 at 7:00 PM, there will be a Public Hearing to consider taking the final action authorizing legal proceedings, if necessary, to acquire by condemnation certain property interests in the following subject properties for a roadway project known as the James/Bakerview Intersection Reconstruction Project. The subject properties are identified as: Lots at the intersection of James Street and E. Bakerview Road, Bellingham, WA 98226, Whatcom County Tax Parcel Nos. 380318552550, 380308039069, and 380317032529. The final action will be made by ordinance. The ordinance will be voted upon by City Council following first and second reading on November 21st and again following third and final reading on December 5th. 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 City of Bellingham Regular City Council Meeting Page 1 of 9 11/7/2022 Minutes  Council Member Michael Lilliquist, Sixth Ward Council Member Kristina Michele Martens, At Large Public Hearings 23479 1. Second Public Hearing on the 2023-2024 Biennial Budget p. 7 Forrest Longman, Deputy Finance Director, provided a high-level summary of the proposed 2023-2024 budget. The proposed budget includes emphasis on public safety, major investments in libraries and parks, creates an Office of Climate, Diversity, Equity, and Inclusion work, and citywide infrastructure improvements. The budget in its entirety can be found at, www.cob.org/budget. This was the second of two Public Hearings on the budget. President Stone opened the Public Hearing. 14 members of the public spoke at the Public Hearing. President Stone closed the Public Hearing. 23510 2. A Public Hearing to Consider a Comprehensive Plan Amendment to p. 20 Rezone a Property (Parcel 380201234195) in Area 1 of the Cordata Neighborhood to Remove All “Town Center” Code References in the Cordata PUD Chris Behee, Long Range Division Manager of Planning and Community Development, provided background on the proposed Comprehensive Plan Amendment to rezone a property in Area 1 of the Cordata Neighborhood to remove all “Town Center” code references in the Cordata PUD and a summary of a proposed alternative zoning option that would allow residential uses outright and retain the full range of uses permitted under the “Town Center” designation in order to allow property owners the opportunity to provide some convenient services. President Stone opened the Public Hearing. Two members of the public spoke at the Public Hearing. President Stone closed the Public Hearing. Daniel Hammill / Edwin H. "Skip" Williams moved to recommend approval of the Rezone a Property (Parcel 380201234195) in Area 1 of the Cordata Neighborhood to Remove All “Town Center” Code References in the Cordata PUD for first and second reading. City of Bellingham Regular City Council Meeting Page 2 of 9 11/7/2022 Minutes  MOTION CARRIED 7-0. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. 23511 1. Mayor's Appointments to the Immigration Advisory Board (Approval) p. 88 Mayor Fleetwood appointed Christian Sanchez Alvarez to his first partial term, which will expire on June 23, 2024, at which time he may be reappointed, Von Ochoa to his first partial term which will expire on August 1, 2024, at which time he may be reappointed, and Sophia Rey to her first term, which will expire on November 7, 2024, at which time she may be reappointed. Hollie Huthman / Lisa Anderson moved to recommend approval of Christian Sanchez Alvarez, Von Ochoa, and Sophia Rey to the Immigration Advisory Board. MOTION CARRIED 7-0. 23512 2. Mayor's Reappointment to the Mayor's Neighborhood Advisory p. 98 Commission (Information) Mayor Fleetwood reappointed Molly Foote as the Samish Neighborhood Primary Representative to her first full term, which will expire on November 11, 2024, at which time she may be reappointed. Carryn Vande Griend, Government Affairs from PSE, provided an update on the storm cleanup work over the weekend including the process for how they determine response and manage customer needs throughout the region. Marty Gray, Superintendent of Maintenance in Public Works, provided a summary of the City's incremental weather preparedness plans. Council Standing Committee Meetings: Public Works and Natural Resources 10:00 AM Michael Lilliquist, Chair Lisa Anderson, Kristina Michele Martens 23513 1. Status Report for the Update of the 2012 Pedestrian Master Plan p. 101 (PMP) Chad Schulhauser, Assistant Director Public Works Engineering, provided a status report on the 2012 Pedestrian Master Plan (PMP). The PMP was created through public engagement with the community in 2011-2012 and adopted by City Council in City of Bellingham Regular City Council Meeting Page 3 of 9 11/7/2022 Minutes  August 2012. In 2022, the City engaged Toole Design Group to update both the Pedestrian and Bicycle Master Plans. Parks and Recreation 10:45 AM Edwin H. "Skip" Williams, Chair Hollie Huthman, Lisa Anderson 23487 1. 2022 Recreation Needs Assessment Report p. 112 Melissa Bianconi, Recreation Manager, provided an update on the Bellingham Parks and Recreation Department Recreation Needs Assessment. The assessment was conducted during the spring of 2022 to evaluate how the community currently uses recreational facilities and programs, levels of satisfaction, and knowledge of existing services to inform future planning efforts and budget priorities. A 30-question community survey was conducted over three months with 1,236 people responding. Key findings include requests for more indoor community recreation centers, covered outdoor spaces, more aquatic, ice and pickleball facilities, nature and adventure play and outdoor classrooms. Read more at https://engagebellingham.org/recreation- needs-assessment. Climate Action 11:15 AM Kristina Michele Martens, Chair Daniel Hammill, Michael Lilliquist 23514 1. Update on Community Carbon Pollution Levels p. 165 Seth Vidana, Climate and Energy Manager, provided an update on current Bellingham carbon pollution levels. In 2007 and in 2018 the Bellingham City Council adopted Climate Action Plans, which set targets for reduction of carbon pollution for the Bellingham community and for City government itself. The City has conducted greenhouse gas inventories periodically going back to the year 2000, which is used as the baseline for assessing progress on carbon pollution reduction targets. Results of the recent inventory include:  Missed past carbon pollution targets: Carbon pollution reduction targets for 2020 were missed by approximately 25%.  Plateauing emissions: Absolute carbon pollution have been relatively level since 2000. Per capita carbon pollution has diminished over the same time with an increase of approximately 30% more population over the same period  Challenging future carbon targets: Carbon pollution reduction targets for 2020 were missed. Current and planned carbon pollution reduction targets are becoming more challenging to reach over time.  Need for increased activity across all areas: Bellingham will need changes in policies and spending at a local, state, and federal level to meet 2030 targets. City of Bellingham Regular City Council Meeting Page 4 of 9 11/7/2022 Minutes  Carbon pollution reduction effort is needed across multiple sources and categories. Staff will return to Council at the end of 2023 with an update on community and City government carbon emissions, including a 2022 greenhouse gas inventory for both areas. Committee Of The Whole 2:00 PM Hannah Stone, Chair Hollie Huthman, Daniel Hammill, Edwin H. "Skip" Williams, Lisa Anderson, Michael Lilliquist, Kristina Michele Martens 23516 1. Immigration Advisory Board Report p. 186 Tara Villalba, Immigration Advisory Board (IAB), presented an overview of the needs of immigrants in the community and reported on the IAB's proposal for an Immigration Resource Center. 23517 2. Hearing Examiner Annual Report to Council p. 190 Hearing Examiner Sharon Rice presented her annual report to Council. 23518 3. Interlocal Agreement with Whatcom County to Support and Fund p. 199 Whatcom Racial Equity Commission Mayor Fleetwood and Whatcom County Executive Sapal Sidhu expressed support for the interlocal agreement to fund the Whatcom Racial Equity Commission. Through the agreement, the City commits to the commission’s mission and purpose, as well as its governance, operation and funding, as a County-wide advisory commission on issues of racial equity. Hannah Stone / Daniel Hammill moved to recommend approval of the Interlocal Agreement. MOTION CARRIED 7-0. 23519 4. An Ordinance Adding Chapter 11.37 to the Bellingham Municipal p. 219 Code to Establish the Legal Framework for the City's Operation of Publicly-Accessible Electric Vehicle Charging Stations The City will be installing charging infrastructure at 26 City-owned sites on public rights-of-way and in public parks. These installations are funded through a $1.5M grant from Washington State Department of Commerce and $500k from the voter-approved Transportation Improvement Fund. The proposed ordinance establishes policies and City of Bellingham Regular City Council Meeting Page 5 of 9 11/7/2022 Minutes  procedures for public use of EV charging stations. This is a companion bill to the EV Charging Resolution, which establishes applicable rates for EV charging station use. Hannah Stone / Michael Lilliquist moved for first and second reading. MOTION CARRIED 7-0. 23520 5. Resolution Adopting a Fee Schedule for Electric Vehicle Charging p. 242 The City will be installing charging infrastructure at 26 City-owned sites on public rights-of-way and in public parks. These installations are funded through a $1.5M grant from Washington State Department of Commerce and $500k from the voter-approved Transportation Improvement Fund. The proposed EV Charging resolution will set the base rate and surcharges for use of these stations for 36 months. This is a companion bill to the EV Charging Ordinance bill. Hannah Stone / Lisa Anderson moved final approval of Resolution #2022-20. MOTION CARRIED 7-0. 23521 6. An Ordinance Amending the 2021-2022 Biennial Budget Increasing p. 248 Revenues and Expenditures and Authorizing an Interfund Loan of up to $1,500,000 from the General Fund to the Medic One Fund Forrest Longman, Deputy Finance Director, provided a summary of the proposed ordinance amendments. The ordinance adds revenues and expenditures across departments and funds to ensure that all have sufficient budget authority to complete the year. It also authorizes an interfund loan for the Medic One Fund to cover cash flow issues related to the timing of billing and insufficient compensation from the current Medic One contract with Whatcom County. Hannah Stone / Hollie Huthman moved for first and second reading. MOTION CARRIED 7-0. 23522 7. Ordinances Related to the City of Bellingham's Property Tax Levy p. 256 Forrest Longman, Deputy Finance Director, provided a summary of two proposed ordinances related to the City's property tax levy. The first ordinance raises the City’s property tax levy by the statutorily allowed one percent; the second would bank the authorized increase for future use. Council must adopt one of the two ordinances and deliver it to Whatcom County Council by November 30. City of Bellingham Regular City Council Meeting Page 6 of 9 11/7/2022 Minutes  Hannah Stone / Daniel Hammill moved for first and second reading the 1% property tax ordinance. MOTION CARRIED 7-0. 23523 8. Approval of Special Meeting Minutes p. 266 Hannah Stone / Edwin H. "Skip" Williams moved approval of the October 17, 2022 minutes of the Special City Council meeting as submitted. MOTION CARRIED 7-0. 23391 9. Approval of City Council Meeting Minutes p. 270 Hannah Stone / Lisa Anderson moved approval of the October 24, 2022 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 10. Old/New Business Councilmember Lilliquist reminded everyone to vote by Election Day and highlighted sunshine efforts by the Whatcom County Auditor's Office on the election process. Executive Session 4:00 PM Closed to the public. Report in the Regular Meeting only: 1. Potential Litigation: Claim Appeal (Good, approx. 5 min) Staff provided information on a potential litigation matter. Lisa Anderson / Daniel Hammill moved to approve the City’s decision to deny Claim No. 2022-28. MOTION CARRIED 7-0. 2. Potential Litigation (Good, approx. 15 min) Staff provided information on a potential litigation matter. Lisa Anderson / Michael Lilliquist moved to approve filing a nuisance abatement action against the property located at 4039/4049 Deemer Road, placing a lien on the subject property for the City’s cost to abate the nuisance, and foreclosing upon the lien, if necessary. City of Bellingham Regular City Council Meeting Page 7 of 9 11/7/2022 Minutes  MOTION CARRIED 7-0. 3. Potential Property Acquisition (Marriner, approx. 10 min) Staff provided information on a potential property acquisition. Daniel Hammill / Edwin H. "Skip" Williams moved to approve the City to bid on the 6,793 sq. ft. Brown/Gudbranson property (Property ID # 370307009213) that will be auctioned by the Whatcom County Treasurer on November 14 and 15, 2022. MOTION CARRIED 7-0. 4. Potential Litigation (Marriner, approx. 15 min) Staff provided information on a potential 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. 23524 1. Interlocal Financial Assistance Agreement for Crisis Intervention p. 293 Services Between the City of Bellingham and Whatcom County Health Department 23525 2. Interlocal Agreement Between the City of Bellingham and Whatcom p. 297 Council of Governments to Help Fund the Whatcom Smart Trips Program 23526 3. Authorization of A/P Transactions Issued October 14, 2022 through p. 306 October 19, 2022 23527 4. Authorization of Payroll Labor Cost Payments Dated October 1, 2022 p. 307 to October 15, 2022 23528 5. Authorization of A/P Transactions Issued October 20, 2022 through p. 308 October 27, 2022 Daniel Hammill / Hollie Huthman moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 8 of 9 11/7/2022 Minutes Final Consideration of Ordinances 23480 1. An Ordinance Relating to the Council Wards of the City, Providing for p. 309 the Redistricting of Such Wards, and Amending Bellingham Municipal Code Chapter 1.16 Which Describes Each Ward by Election Precincts Daniel Hammill / 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, Huthman, Hammill, Williams, Anderson, Lilliquist, Martens NAYS: (None) EXCUSED: (None) MOTION CARRIED 7-0 and was thereafter named Ordinance #2022-11-024. 23495 2. An Ordinance of the City of Bellingham, Washington Amending p. 315 Several Sections in Title 20 of the Bellingham Municipal Code (BMC) to Establish a Manufactured Home Park (MHP) Overlay to Preserve Certain Existing MHPs, Establish Permitted Uses within the MHP Overlay, and Provide Requirements Relating to Lisa Anderson / 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, Huthman, Hammill, Williams, Anderson, Lilliquist, Martens NAYS: (None) EXCUSED: (None) MOTION CARRIED 7-0 and was thereafter named Ordinance #2022-11-025. Adjournment There being no further business, the meeting adjourned at 9:02pm. Hannah Stone, Council President ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 11/21/2022 City of Bellingham Regular City Council Meeting Page 9 of 9 11/7/2022 Minutes