City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes April 10, 2023, 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 Call to Order The City Council Regular meeting was called to order by Council President Lilliquist at 7pm. Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. Roll Call Present: Council President Michael Lilliquist, Sixth Ward Council Member 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 Kristina Michele Martens, At Large Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. 23678 1. Mayor's Reappointments to the Immigration Advisory Board (Approval) p. 6 Mayor Fleetwood reappointed Homero Jose Garrido to his first full term on the Immigration Advisory Board, which will expire on April 12, 2025, at which time he may be reappointed. Mayor Fleetwood reappointed Alfredo Juarez Zeferino to his first full term on the Immigration Advisory Board, which will expire on April 12, 2025, at which time he may be reappointed. Hannah Stone / Hollie Huthman moved to recommend approval of Homero Jose Garrido and Alfredo Juarez Zeferino to the Immigration Advisory Board. MOTION CARRIED 7-0. 23679 2. Mayor's Appointment to the Tourism Commission (Information) p. 10 Mayor Fleetwood appointed Kevin Coleman to his first term on the Tourism Commission, which will expire on April 3, 2026, at which time he may be reappointed. City of Bellingham Regular City Council Meeting Page 1 of 7 4/10/2023 Minutes Regular Meeting and Committee Sessions The following are heard in both Committee sessions and Regular Meeting in order below: Council Standing Committee Meetings: Public Works and Natural Resources 10:30 AM Hannah Stone, Chair Lisa Anderson, Kristina Michele Martens 23680 1. Lease Agreement for 1400 Iowa Street p. 14 Eric Johnston, Public Works Director, and Michael Olinger, Assistant Director Public Works Operations, presented on the proposed lease at 1400 Iowa St. The lease will provide operational space while construction improvements begin at the Pacific Street Operations Center and Woburn Operations sites. Hannah Stone / Lisa Anderson moved to recommend approval of the lease at 1400 Iowa Street. MOTION CARRIED 7-0. Community and Economic Development 10:40 AM Hollie Huthman, Chair Hannah Stone, Kristina Michele Martens 23681 1. An Information Session on Financing, Constructing and Operating Permanently p. 18 Affordable Housing Developments Brien Thane, Executive Director/CEO at the Bellingham Whatcom County Housing Authority, Joe Thompson, President of Mercy Housing Northwest, Ellen Lohe, Associate Director at Mercy Housing Northwest, and Tara Sundin, Community and Economic Development Manager, presented and answered Council questions related to the financing, construction, and operations of affordable housing developments. 23650 2. 2023-2027 Consolidated Planning Process p. 32 The 2023-2027 Consolidated Plan is required by the Federal Department of Housing & Urban Development (HUD) and the City uses the planning process to identify priorities for its local housing levy, affordable housing sales tax, and General Fund expenditures. Samya Lutz, Housing and Services Program Manager, and Tara Sundin, Community and Economic Development Manager, presented an overview of the proposed strategic plan and annual action plans. The next Council meeting will focus on the two goals, provide vulnerable households with services to remain stably housed and help vulnerable households to meet their basic needs. City of Bellingham Regular City Council Meeting Page 2 of 7 4/10/2023 Minutes Parks and Recreation 1:00 PM Edwin H. "Skip" Williams, Chair Hollie Huthman, Lisa Anderson 23683 1. Bid Award to Colacurcio Brothers LLC for Cordata Park Phase 2, Bid No. 24B-2023 p. 46 Nicole Oliver, Parks and Recreation Director, and Jonathan Schilk, Landscape Architect for Parks and Recreation, introduced the Cordata Park Phase 2 Bid. The project involves the construction of a park pavilion with overhead trellis and seat wall, covered outdoor stage, skate dot, covered double swing, pedestrian circulation, utility services and distribution, pickleball and basketball courts, park shelter, park lighting, park furnishings and signage, landscape planting, turf lawn, wetland mitigation planting, lighted parking area and driveway. The City received six bids that were publicly opened on March 21, 2023. The lowest bid was submitted by Colacurcio Brothers LLC of Blaine, WA in the amount of $3,735,228.03. Edwin H. "Skip" Williams / Lisa Anderson moved to award Bid No. 24B-2023 for the Cordata Park Phase 2 to Colacurcio Brothers LLC of Blaine, WA as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid, which is $3,735,228.03, which includes any applicable WSST. MOTION CARRIED 7-0. Public Health, Safety, and Justice 1:15 PM Daniel Hammill, Chair Hollie Huthman, Edwin H. "Skip" Williams 23684 1. Enforcement of Ordinance Prohibiting Use of Controlled Substances in Public p. 67 Mayor Fleetwood, City Prosecutor Ryan Anderson, and Chief Mertzig returned to Council to discuss the ordinance prohibiting the use of controlled substances in public places, enforcement plans, implementation plans for therapeutic courts, and current diversion support services available. 23685 2. A Brief Review of Community Courts p. 76 Mark Gardener, Legislative Analyst, presented a summary of community court programs, including several in Washington State cities such as Spokane, Olympia, Shoreline, and Kenmore. Judge Lev answered Council questions and will return for a future discussion related to therapeutic court programs in Bellingham. Committee Of The Whole 2:00 PM Michael Lilliquist Chair Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. "Skip" Williams, Lisa Anderson, Kristina Michele Martens City of Bellingham Regular City Council Meeting Page 3 of 7 4/10/2023 Minutes 23686 1. An Ordinance Amending the 2023-2024 Biennial Budget - Amendment No. 2 p. 86 Mayor Fleetwood, Chief Mertzig, and Forrest Longman, Deputy Finance Director, presented the proposed ordinance, which modifies the 2023-2024 Biennial Budget by adding two police officer positions and shifting two positions budgeted for 2024 into 2023. Michael Lilliquist / Edwin H. "Skip" Williams moved for first and second reading. MOTION CARRIED 7-0. 23687 2. Approval of City Council Committee and Regular Meeting Minutes p. 92 Daniel Hammill / Hollie Huthman moved approval of the March 27, 2023 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 3. Old/New Business Council Member Hammill shared he participated in a ride along with Chief Hewett focusing on the Fire Department's operational challenges and resource needs. Council Member Hammill also shared he was invited to the Co-Responder Outreach Alliance summit in May and will report back about resources and additional alternative response methods. Council President Lilliquist participated in a third ride along with the homeless outreach team and encourages community members to engage with this team and other resources that focus on early intervention. Executive Session 2:15 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 a 19.83-acre watershed parcel with one potential development unit, owned by Rafael and Karrie Soto. Edwin H. "Skip" Williams / Hollie Huthman moved to authorize the Mayor to close the real estate transaction described in the City’s executed purchase and sale agreement with Rafael and Karrie Soto with the following terms: Purchase of the property for $525,000, with closing to occur on or around May 5, 2023. MOTION CARRIED 7-0. 2. Potential Property Acquisition (Stamps, approx 3 min) City of Bellingham Regular City Council Meeting Page 4 of 7 4/10/2023 Minutes  Staff provided information on a potential property acquisition. For information and discussion. No action taken. 3. Litigation: Fox v. City of Bellingham (Good, approx 10 min) Staff provided information on a litigation matter. Lisa Anderson / Daniel Hammill moved to authorize the Mayor to enter into a settlement agreement with Robert John Fox with the following terms: Dismissal of the lawsuit filed in federal court for the payment of $100,189.04 to Robert John Fox and $74,810.96 to Corr Downs, PLLC. 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. 23688 1. Authorization of Payroll Labor Cost Payments Dated March 1, 2023 to March 15, p. 106 2023 23689 2. Authorization of A/P Transactions Issued March 17, 2023 through March 23, 2023 p. 107 23690 3. Authorization of A/P Transactions Issued March 24, 2023 through March 30, 2023 p. 108 Edwin H. "Skip" Williams / Daniel Hammill moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 23671 1. An Ordinance Amending the 2023-2024 Biennial Budget - Amendment No. 1 p. 109 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: Lilliquist, Stone, Huthman, Hammill, Williams, Anderson, Martens NAYS: (None) EXCUSED: (None) MOTION CARRIED 7-0 and was thereafter named Ordinance #2023-04-008. 23655 2. An Ordinance of the City of Bellingham Amending Bellingham Municipal Code p. 112 Chapter 10.08 Regarding the Use of Controlled Substances in Public Places Due to a scrivener’s error, the draft ordinance in the agenda packet omitted a revision to the ordinance approved at the March 27, 2023 meeting striking the following clauses, City of Bellingham Regular City Council Meeting Page 5 of 7 4/10/2023 Minutes  “WHEREAS, state law now requires that persons subject to arrest for possession of a controlled substance be referred to assessment and services in lieu of arrest at least twice before he or she may be arrested; and WHEREAS, this state requirement has resulted in increased use of controlled substances in public; and” Michael Lilliquist / Daniel Hammill moved to amend the ordinance to include the following language, "WHEREAS, traditional approaches to law enforcement and the criminal legal system are being adapted and revised to address underlying and associated mental health and substance use disorders that may contribute to public drug use, including the adoption of pre-trial diversion programs authorized under RCW 71.24 and community courts as authorized under RCW 2.30, as examples; Section 2. "2. Use of a controlled substance in a public place is a misdemeanor. The prosecutor is encouraged to divert such cases for assessment, treatment, or other services. 3. In lieu of jail booking and referral of charges to the prosecutor, law enforcement is encouraged to offer violators a referral to substance abuse treatment services in the community." MOTION CARRIED 6-0. Abstained: Kristina Michele Martens Hannah Stone / Hollie Huthman moved to amend the ordinance by including the following language under Section 2, "This section shall sunset by April 25, 2025." MOTION CARRIED 6-0. Abstained: Kristina Michele Martens Hannah Stone / Edwin H. "Skip" Williams moved approval for third and final reading. Upon motion, said bill was placed on final passage and approved as amended by the following roll call vote: AYES: Stone, Huthman, Hammill, Williams, Anderson NAYS: Lilliquist, Martens EXCUSED: (None) MOTION CARRIED 5-2 and was thereafter named Ordinance #2023-04-009. Opposed: Michael Lilliquist, Kristina Michele Martens Public Comment Period City of Bellingham Regular City Council Meeting Page 6 of 7 4/10/2023 Minutes  City Council heard public comment from 34 individuals. To access the recording, visit Public Comment Period Recordings - City of Bellingham (cob.org). Adjournment There being no further business, the meeting adjourned at 10:23pm. Michael Lilliquist, Council President ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 5/8/2023 City of Bellingham Regular City Council Meeting Page 7 of 7 4/10/2023 Minutes