City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes April 24, 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 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 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. Mayor Fleetwood reported on Earth Day activities that took place in Bellingham on Saturday April 22nd. He participated in an event in partnership with Western Washington University at the Arboretum during which over 200 volunteers planted over 1,000 native plants. Mayor Fleetwood reported that the Mayor's Downtown Solutions Workgroup has been formed and have held their first meeting. Mayor Fleetwood announced that the Whatcom Racial Equity Commission is seeking four members to serve on a limited term committee which will be charged with hiring an executive director and recommending appointments to the Commission itself. The County anticipates releasing a request for proposals soon, seeking a non-profit contractor to support the work of the commission. Mayor Fleetwood stated that the Bellingham Public Library will hold a grand opening ceremony for the Bellis Fair branch on Wednesday April 26th. This branch is a two year pilot program and the first location on Bellingham's North side. City of Bellingham Regular City Council Meeting Page 1 of 7 4/24/2023 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 Health, Safety, Justice, and Equity 10:00 AM Daniel Hammill, Chair Hollie Huthman, Edwin H. "Skip" Williams 23691 1. Fire Department Review of 2022 p. 6 Bill Hewett, Fire Chief, presented on the 2022 fire department year in review. Chief Hewett briefed members on call volumes, staffing, 2022 accomplishments, and plans for 2023 and answered questions from Council members. Parks and Recreation 10:30 AM Edwin H. "Skip" Williams, Chair Hollie Huthman, Lisa Anderson 23692 1. Recommendation to Name Barkley Neighborhood Park "Scramble Nature Playpark" p. 17 Nicole Oliver, Parks and Recreation Director, and Ryan Pflueger of the Talbot Group presented on the new park in the Barkley Neighborhood and the proposed new name of "Scramble Nature Playpark". Pflueger explained the features and design of the new park and the reasoning behind the proposed name. Park Policy PAR 01.00.01 authorizes an exception to the standard park naming process when the park includes a donation. While the Talbot Group received a park impact fee credit for its construction and dedication of the park, it is also making a substantial donation to the City by agreeing to maintain the park and adjacent trail in perpetuity. Edwin H. "Skip" Williams / Hollie Huthman moved to approve the name "Scramble Nature Playpark". MOTION CARRIED 7-0. Community and Economic Development 10:45 AM Hollie Huthman, Chair Hannah Stone, Kristina Michele Martens 23650 1. 2023-2027 Consolidated Planning Process p. 19 The 2023-2027 Consolidated Plan is required by the Federal Department of Housing & Urban Development (HUD) and the City uses this planning process to identify priorities for its local housing levy, affordable housing sales tax and General Fund expenditures. Tara Sundin, Community and Economic Development Manager, and Samya Lutz, Housing and Services Program Manager, presented on proposed activities and budget for reducing housing cost burden, funding basic needs, City of Bellingham Regular City Council Meeting Page 2 of 7 4/24/2023 Minutes  increasing safety for vulnerable groups, and preventing housing discrimination for low-income renters. Lutz addressed a question from a previous meeting regarding the costs of building market rate housing compared to affordable housing developments. She explained the factors that impact the cost of affordable housing building costs, which make those projects more expensive to build than market rate projects. Lutz and Sundin responded to questions from Committee Members. Climate Action 11:15 AM Kristina Michele Martens, Chair Hannah Stone, Daniel Hammill 23693 1. First Quarter Climate Update p. 26 In 2022, Mayor Seth Fleetwood created the Office of Climate within the Mayor's Office to facilitate achievement of Bellingham's climate goals. The Office of Climate will be providing quarterly updates to Council on progress with carbon mitigation and climate adaptation initiatives. Mayor Seth Fleetwood gave introductory comments, explaining the roles of staff members within the Office of Climate. Seth Vidana, Climate and Energy Manger, and Clare Fogelsong, Natural Resources Policy Manager updated the Committee on carbon reduction efforts, climate action planning, adaptation programs, and grant tracking. Topics included The Quarter 1 report will include information on home electrification, updating the (Climate Action Plan (CAP), extreme heat and wildfire response, and several other initiatives. Fleetwood, Vidana, and Fogelsong responded to questions from Committee Members. Committee Of The Whole 1:00 PM Michael Lilliquist Chair Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. "Skip" Williams, Lisa Anderson, Kristina Michele Martens 23694 1. Annual Update on the Bellingham-Whatcom County Commission on Sexual & p. 29 Domestic Violence Each year, staff from the Domestic Violence Commission provide an update to inform the Council of the work of the Commission, as well as to provide education about the impact of domestic violence in our community. Susan Marks, Director of the Whatcom County Commission on Sexual and Domestic Violence, gave the 2023 update, reporting on the history of the Commission, funding, a pilot program focused on restorative and transformative justice, feedback received from survivor defendants, and the upcoming annual meeting. Marks answered questions from Council Members. 23695 2. 2022 Financial Year End Review p. 35 City of Bellingham Regular City Council Meeting Page 3 of 7 4/24/2023 Minutes  Andy Asbjornsen, Finance Director, presented on 2022 expenses and revenue, giving a summary of the City's preliminary financial position for the period that ended December 31, 2022. Asbjornsen and other staff answered questions from Council Members. 23696 3. An Ordinance Amending the 2023-2024 Biennial Budget Reconciling the Differences p. 53 Between Estimated 2023 Beginning Reserve Balances and Actual 2023 Reserve Balances During the budget development process, the Finance Department estimates beginning reserve balances based on anticipated expenditures and revenues for the year in which the budget is developed. Pursuant to City Financial policy, at the beginning of each biennium the City must update the Biennial Budget with actual beginning reserves and estimate new ending reserves for the biennium. Forrest Longman, Deputy Finance Director, explained how this process in tandem with the reappropriations process ensures the various funds’ reserves are expected to remain in balance at the end of the biennium. The reappropriations process brings budget forward from the previous biennium for programs and projects authorized, but not completed in the previous biennium. Michael Lilliquist / Daniel Hammill moved for first and second reading. MOTION CARRIED 7-0. 23697 4. An Ordinance Amending the 2023-2024 Biennial Budget Increasing Appropriation p. 60 Authority in Various Funds to Pay for Goods and Services Authorized in the Previous Biennium This ordinance increases appropriations in the 2023-2024 Biennium Budget by reappropriating unused budget authority totaling $39,543,597 from the 2021-2022 Biennium. At the end of each biennium, all remaining budget authority lapses, even if it is under contract for a project, program or product. To pay those contracts and continue projects authorized in the previous biennium, the City Council must reappropriate the funds. Michael Lilliquist / Lisa Anderson moved for first and second reading. MOTION CARRIED 7-0. 23698 5. An Ordinance Amending the 2023-2024 Biennial Budget - Amendment No. 3 p. 70 Forrest Longman, Deputy Finance Director, explained that this ordinance works with the previous ordinances to reconcile fund reserve balances and reappropriate the budget from the previous biennium. The ordinance also includes changes to the 2023-2024 budget, including reappropriating balancing issues, correction to Climate Office projects, a settlement in the worker's compensation fund, Sportsplex debt funding, and adding an Human Resources Information System Analyst position. Michael Lilliquist / Edwin H. "Skip" Williams moved for first and second reading. City of Bellingham Regular City Council Meeting Page 4 of 7 4/24/2023 Minutes  MOTION CARRIED 7-0. 23699 6. A Resolution Amending the Docket of Bellingham Comprehensive Plan Amendments p. 79 to be Reviewed in 2022-2023 Comprehensive Plan Amendment Cycle Chris Behee, Long Range Planning Manager, and Peter Gill, Parks Department Planning and Development Coordinator, presented information about the proposed minor amendment to the Parks and Recreation Open Space Plan. The amendment would make changes to the recommended trail section as well as the capital facilities plan. These are needed because of the significant amount of growth the City has experienced since the last update to the plan. Michael Lilliquist / Daniel Hammill moved final approval of Resolution #2023-03. MOTION CARRIED 7-0. 23622 7. Work Session #3 for Consideration of Two Alternatives for Revisions to Bellingham's p. 85 Accessory Dwelling Unit (ADU) Regulations On April 6, 2023 the Washington State Senate passed Engrossed House Bill 1337, which expands housing options by easing barriers to the construction and use of ADUs. The bill now goes forward for final passage by the Legislature, then enrollment, and review and signature by the Governor. Chris Behee, Chris Koch, and Blake Lyon, of the Planning and Community Development Department, provided information on two options for moving forward with amendments to ADU regulations given the recent changes at the state level. Council members asked questions of staff and discussed the options. Council requested that staff review the effects of the new state law on current City Code, options related to affordability, and community outreach plans. 23700 8. Update on Rental Registration and Safety Inspection Program p. 119 Kurt Nabbefeld, Planning Development Services Manager, provided an update on the implementation of the Rental Registration and Safety Inspection program (RRSIP), which was established by Council in 2015. Nabblefeild summarized the status of rental inspections, the process for completing an inspection, and data on the results of the inspections. He also spoke to common reasons for failed inspections and what happens when a unit fails inspection. Going forward, planning staff recommend a focus on education, training for landlords, development of software dedicated to the program, and better data collection. The department plans to hire two additional staff for the program. Council members, asked questions, gave feedback, and requested further information for future meetings, including data on fees gathered from failed inspections, options for changes in procedures when a property has failed an inspection, and information on the ability of the City to regulate or audit private inspectors. 23701 9. Approval of Special City Council Meeting Minutes p. 134 This item was voted on during the Committee of the Whole meeting. City of Bellingham Regular City Council Meeting Page 5 of 7 4/24/2023 Minutes  10. Old/New Business Council Member Hammill thanked Chief Bill Hewett and Captain Joe Frank of the Bellingham Fire Department for allowing him to do a ride along with the Community Paramedic program and thanked Sgt. Richard Holdridge of the Bellingham Police Department for allowing him to attend a training of new officers. Council President Lilliquist thanked to all those who organized and participated in the City's Earth Day event. Council President Lilliquist reported that he has heard that some landlords are giving notice of termination of lease with 60 days notice and giving tenants the option of entering a new lease at a higher rent. He said that this is a loophole to the 120 day notice for rent increase. He requested that staff look into the legality of that and what could be done to address it. Mayor Fleetwood addressed the fact that the State Legislature did not pass a fix to the Blake decision. He stated that his staff is monitoring the implications of that in regards to the City's recently passed ordinance regarding public drug use. They will be reporting back at the next Council meeting. Executive Session 3:30 PM Closed to the public. Report in the Regular Meeting only: 1. Potential Property Acquisition (Stamps, approx 3 min) Staff provided information on a potential property acquisition. For information and discussion. No action taken. 2. Potential Property Acquisition (Marriner, approx 5 min) Staff provided information on a potential property acquisition. 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. 23702 1. Noise Variance - Woburn Sanitary Sewer Replacement, EU190 p. 137 23703 2. Authorization of Payroll Labor Cost Payments Dated March 16, 2023 to March 31, p. 143 2023 23704 3. Authorization of A/P Transactions Issued March 31, 2023 through April 06, 2023 p. 144 23705 4. Authorization of A/P Transactions Issued April 07, 2023 through April 13, 2023 p. 145 City of Bellingham Regular City Council Meeting Page 6 of 7 4/24/2023 Minutes  Daniel Hammill / Hollie Huthman moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 23686 1. An Ordinance Amending the 2023-2024 Biennial Budget - Amendment No. 2 p. 146 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: Lilliquist, Stone, Huthman, Hammill, Williams, Anderson, Martens NAYS: (None) EXCUSED: (None) MOTION CARRIED 7-0 and was thereafter named Ordinance #2023-04-010. Public Comment Period City Council heard public comment from nine individuals. To access the recording, visit https://cob.org/gov/council/public-hearings-and-public commentperiods/public-comment-period-recordings. Adjournment There being no further business, the meeting adjourned at 8:08 PM Michael Lilliquist, Council President ATTEST: Jackie Lassiter, Legislative Assistant APPROVED: 5/22/2023 City of Bellingham Regular City Council Meeting Page 7 of 7 4/24/2023 Minutes