City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes October 16, 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. 1. On October 30, 2023, the Bellingham City Council will hold a public hearing to take public comment on The City of Bellingham’s 2024 Revenue Forecast, including the 2024 property tax levy. 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 Excused Council Member Kristina Michele Martens, At Large Public Hearing 23876 1. A Public Hearing to Consider Amendments to the 2020 Parks, Recreation, & Open p. 7 Space Plan Nicole Oliver, Parks and Recreation Director, and Peter Gill, Planning and Development Coordinator, presented the proposed amendments to the Parks, Recreation, and Open Space (PRO) Plan including amendments to Section 5.5 Trails, and to Appendix D, the six-year Capital Facilities Plan. President Lilliquist opened the Public Hearing. One individual provided testimony. President Lilliquist closed the Public Hearing. City of Bellingham Regular City Council Meeting Page 1 of 9 10/16/2023 Minutes  Daniel Hammill / Edwin H. "Skip" Williams moved for first and second reading of the ordinance relating to land use planning, and updating the Bellingham Comprehensive Plan, with amendments to the 2020 Parks, Recreation, and Open Space Plan. MOTION CARRIED 6-0. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor. 23877 1. Mayor's Appointment of Kendra Bradford to the Bellingham Public Library Board of p. 55 Trustees (Approval) Mayor Fleetwood appointed Kendra Bradford to her first partial term on the Bellingham Public Library Board of Trustees, which will expire on February 12, 2028, at which time she may be reappointed. Daniel Hammill / Lisa Anderson moved to recommend approval of Kendra Bradford to the Bellingham Public Library Board of Trustees. MOTION CARRIED 6-0. Mayor Fleetwood updated the Council on the homeless encampment near Walmart. He stated that the City had convened a workgroup and he outlined the complexities of the issue. The City plans to take a multi-faceted approach and are making an effort to establish contact with the property owner, who, by law, is responsible for clean-up. The owner has not been responsive and they will continue to look into legal options. The Mayor stated that he had recently spent time at the Tullwood Apartments and is working to identify short-term help. Eric Johnston, Public Works Director, added information about communication with adjacent property owners. Council Members discussed and asked questions. Jay Hart, OPR Lieutenant for the Bellingham Police Department, spoke to the police response, saying that they act on a case-by-case basis. Responding officers will assess the situation and make a determination based on safety and needed response. Council Members discussed and asked questions of legal staff on what their options, timelines, and ability to prevent similar encampments being established. Mayor Fleetwood spoke to tree protection, reporting that the City will accelerate the schedule for the Urban Forestry Master Plan. There will be a presentation to Council on target canopy coverage in November. He also stated that they would bring a tree protection ordinance to Council in early 2024. Mayor Fleetwood reported on recent local events, including Indigenous People's Day, Bellingham Exit Festival, and SeaFeast. Regular Meeting and Committee Sessions The following are heard in both Committee sessions and Regular Meeting in order below: Council Standing Committee Meetings: City of Bellingham Regular City Council Meeting Page 2 of 9 10/16/2023 Minutes Public Works and Natural Resources 10:00 AM Hannah Stone, Chair Lisa Anderson, Kristina Michele Martens 23878 1. Bid Award for Indefinite Delivery, Indefinite Quantity Pavement Chip Seal Services, p. 62 Bid No. 43B-2023 Eric Johnston, Public Works Director, presented the bid award for 43B-2023. On September 6, 2023, the City solicited competitive bids for a unit-price, indefinite delivery, indefinite quantity (IDIQ) contract for pavement chip seal and crack filling services. The engineer’s estimate was $664,500.00 per year but the two bids received were three to four times above the budgeted amount. Johnston recommended Council reject all bids, as authorized in the bid specifications. Hannah Stone / Lisa Anderson moved to deny the bid award for Bid No. 43B-2023 for the Indefinite Delivery, Indefinite Quantity (IDIQ) pavement chip seal services. MOTION CARRIED 6-0. Parks and Recreation 10:30 AM Edwin H. "Skip" Williams, Chair Hollie Huthman, Lisa Anderson 23880 1. Resolution to Increase Fees at Bayview Cemetery p. 70 Nicole Oliver, Parks and Recreation Director, and Richard Griffin, Park Facilities Manager, presented the draft resolution, which will increase fees at the Bayview Cemetery. The last adjustment to fees and charges was in 2022 for increased tombstone material costs. Demand from out of area customers, market research, as well as inflation, are contributing factors to raising rates to meet increased demand from out of the area customers and come closer to meeting operating expenses and utility costs. A future goal is to eliminate the need to subsidize the Cemetery and to cover all Cemetery operations and maintenance from the enterprise fund. Edwin H. "Skip" Williams / Hollie Huthman moved final approval of Resolution #2023-25. MOTION CARRIED 6-0. 23881 2. Resolution to Establish Parks and Recreation Department Facility Use Fees p. 84 Nicole Oliver, Parks and Recreation Director, and Melissa Bianconi, Recreation Manager, presented the draft resolution, which modifies the fee structure for Parks and Recreation facilities. Rates have not changed since 2019 and the new structure adjusts rates in consideration of maintenance and operational costs, and includes new facilities managed by the department. Edwin H. "Skip" Williams / Hollie Huthman moved final approval of Resolution #2023-26. MOTION CARRIED 6-0. City of Bellingham Regular City Council Meeting Page 3 of 9 10/16/2023 Minutes Community and Economic Development 11:00 AM Hollie Huthman, Chair Hannah Stone, Kristina Michele Martens 23882 1. Capacity-Building for Small and Mid-Sized Housing & Shelter Providers: Needs, p. 106 Priorities, and Recommendations Blake Lyon, Planning and Community Development Director, and Tara Sundin, Community and Economic Development Manager, presented a report prepared by Shorthand Consulting. The consultant interviewed nine housing and shelter agency representatives to learn more about their needs and priorities for maintaining and growing their capacity. Several recommendations were made in the resulting report, including evaluating the City's internal operating procedures, creating community training and professional development opportunities, and providing direct grants to offset indirect costs. Council members discussed and questions. A request was made to focus on long-term wellness and support efforts for staff working at these organizations. 23883 2. Interlocal Agreement Between Whatcom County and the City of Bellingham to p. 141 Operate an Interim Shower Program Blake Lyon, Planning and Community Development Director, and Tara Sundin, Community and Economic Development Manager, presented the draft interlocal agreement. On September 11, 2023, the City Council authorized a budget expenditure of $320,000 to contract with the Opportunity Council to operate an interim public shower program at the rear parking lot of City Hall. The interlocal agreement memorializes a cost-sharing agreement between the City and the County. Council members discussed and asked questions regarding the agreement. Hollie Huthman / Edwin H. "Skip" Williams moved to recommend approval of the Interlocal Agreement between Whatcom County and the City of Bellingham to operate an interim shower program. MOTION CARRIED 5-0. Abstained: Hannah Stone 23884 3. Interlocal Agreement Between Whatcom County and the City of Bellingham to Fund p. 158 a Winter Shelter Program at Civic Field Christopher D'Onofrio, Whatcom County Health Department Housing Program Supervisor, and Tara Sundin, Community and Economic Development Manager, presented the draft interlocal agreement, which authorizes a temporary 45-bed nightly winter shelter at Civic Field. Whatcom County issued a Request for Proposals (RFP) on August 2nd to solicit a qualified program operator and selected Road2Home, a local nonprofit organization serving unsheltered community members. The City will contract directly with Road2Home to operate the shelter from December 1st to February 29th for approximately $500,000. The County will reimburse the City for $250,000 of staffing and operational costs. Council members discussed and asked questions regarding the agreement. City of Bellingham Regular City Council Meeting Page 4 of 9 10/16/2023 Minutes  Hollie Huthman / Edwin H. "Skip" Williams moved to recommend approval of the interlocal agreement between Whatcom County and the City of Bellingham to fund a winter shelter program at Civic Field. MOTION CARRIED 6-0. Public Health, Safety, Justice, and Equity Committee 1:00 PM Daniel Hammill, Chair Hollie Huthman, Edwin H. "Skip" Williams 23885 1. Presentations on Responses to Fentanyl and Meth Use Crisis p. 176 Mayor Fleetwood introduced Dr. Greg Thompson, Whatcom County Health Officer, Heather McGuinness, Whatcom County Health and Community Services Partnerships and Strategy Supervisor, and Emily O'Connor, All Hands Whatcom. Each gave presentations on aspects of the fentanyl and meth use crisis in our community and what is being done locally to address and prevent substance abuse and overdose. Council Members discussed and asked questions. 23886 2. Presentations on Downtown Safety Needs and Actions p. 177 Mayor Fleetwood introduced Alice Clark, Executive Director of the Downtown Bellingham Partnership, who gave a presentation on the state of downtown, the issues her organization is seeing, and feedback they have gotten from business owners and downtown patrons. Darby Galligan, Senior Planner, and Tara Sundin, Community and Economic Development Manager, presented on in-progress and future City actions to address health and safety concerns downtown, including highlights of a draft Downtown Safety Strategy. 23887 3. Interlocal Agreement with Whatcom County to Cover Medic Unit Start-Up Costs p. 204 Dave Pethick, Assistant Fire Chief, presented the interlocal agreement. In February 2023, the Bellingham Fire Department staffed a fourth Medic Unit in support of the County-wide EMS system. Over the two-year process of preparing to bring this unit online, unanticipated costs arose that were not provided for in the original agreement (City Contract #2100997). This interlocal agreement allows the Fire Department to bill Whatcom County for the additional start-up costs from the County-wide EMS Levy. Daniel Hammill / Edwin H. "Skip" Williams moved to recommend approval of the Interlocal Agreement with Whatcom County to cover Medic Unit start-up costs. MOTION CARRIED 6-0. 23888 4. Second Amendment to Interlocal Agreement for First Response Emergency Medical p. 338 Services City of Bellingham Regular City Council Meeting Page 5 of 9 10/16/2023 Minutes  Dave Pethick, Assistant Fire Chief, presented the interlocal agreement revision. The Bellingham Fire Department is party to a County-wide agreement to provide first response and basic life support for medical emergencies (City Contract #2018-0114). This amendment extends the contract through December 31, 2023 and provides $595,861.03 in General Fund revenue from the EMS Levy. The EMS Levy provides the funding to support the delivery of basic life support by the Fire Department throughout the County. Daniel Hammill / Hollie Huthman moved to recommend approval of the amendment to the Interlocal Agreement with Whatcom County for First Response Emergency Medical Services. MOTION CARRIED 6-0. Committee Of The Whole 2:40 PM Michael Lilliquist Chair Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. "Skip" Williams, Lisa Anderson, Kristina Michele Martens 23889 1. Review of the Bellingham Municipal Code and Washington State Model Code p. 348 Provisions Related to Noise Mayor Fleetwood and Amy Kraham, Assistant City Attorney, presented existing Bellingham Municipal Code (BMC) provisions relating to noise as a nuisance (BMC 10.28 and BMC 10.24.120) as well as the Washington State model code (WAC 174-60-040). Council Members asked questions and discussed possible amendments to the code, considerations of impulsive and tonal sounds, aspects of the model code presented that they wish to keep and additions they would like to make, and the best approaches for measurement and enforcement. 23890 2. Presentation of the 2023-2024 Mid-Biennial Budget Adjustment p. 362 Mayor Fleetwood, Andy Asbjornsen, Finance Director, and Forrest Longman, Deputy Finance Director, presented the 2023-2024 Mid-Biennial Budget adjustment for Council's consideration. The proposed adjustment adds $59 million to the 2023-2024 budget. Council members discussed and asked questions regarding the proposed budget modification. 23891 3. An Ordinance Amending the 2023-2024 Biennial Budget - Amendment No. 9 p. 380 Council President Lilliquist introduced the ordinance which increases City Council office staff by adding two positions, an Office Manager and a Communications and Public Engagement Manager. Michael Lilliquist / Daniel Hammill moved for first and second reading. MOTION CARRIED 6-0. 23892 4. Budget Work Session p. 384 City of Bellingham Regular City Council Meeting Page 6 of 9 10/16/2023 Minutes  Eric Johnston, Public Works Director, Joel Pfundt, Assistant Director of Transportation, and Renee LaCroix, Assistant Director of Natural Resources, presented a high-level summary of the mid- biennium adjustments for the Public Works Department. Council members discussed and asked questions on the modifications. 23893 5. Approval of the 9/25/2023 City Council Committee and Regular Meeting Minutes p. 390 Edwin H. "Skip" Williams / Daniel Hammill moved approval of the September 25, 2023 minutes of the regular City Council meeting as submitted. MOTION CARRIED 6-0. 6. Old/New Business There were no items for Old/New Business. Executive Session 4:00 PM Closed to the public. Report in the Regular Meeting only: 1. Labor Relations: Discuss Collective Bargaining Strategy (Monahan, approx 5 min) Staff provided information on a labor relations matter. For information and discussion. No action taken. 2. Potential Property Acquisition (Marriner, approx 15 min) This item was postponed due to time constraints. 3. Potential Property Acquisition (Marriner, approx 3 min) This item was postponed due to time constraints. 4. Potential Property Acquisition (Marriner, approx 3 min) This item was postponed due to time constraints. 5. Potential Property Acquisition (Marriner, approx 3 min) This item was postponed due to time constraints. 6. Potential Property Acquisition (Marriner, approx 3 min) This item was postponed due to time constraints. 7. Potential Property Acquisition (Marriner, approx 3 min) City of Bellingham Regular City Council Meeting Page 7 of 9 10/16/2023 Minutes  This item was postponed due to time constraints. 8. Potential Property Acquisition (Marriner, approx 3 min) This item was postponed due to time constraints. 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. 23894 1. Authorization of A/P Transactions Issued September 15, 2023 through September 21, p. 409 2023 23895 2. Authorization of A/P Transactions Issued September 22, 2023 through September 28, p. 410 2023 23896 3. Authorization of A/P Transactions Issued September 29, 2023 through October 05, p. 411 2023 23897 4. Authorization of Payroll Labor Cost Payments Dated September 1, 2023 to p. 412 September 15, 2023 23898 5. Authorization of Payroll Labor Cost Payments Dated September 16, 2023 to p. 413 September 30, 2023 23899 6. Interlocal Agreement with Whatcom County for Solid Waste Removal p. 414 23900 7. Interlocal Agreement Between Whatcom County, Whatcom Council of Governments p. 421 (WCOG), Bellingham and the Small Cities Concerning Cost Sharing for Planning Studies Associated with the Comprehensive Plan Update and UGA Review 23901 8. Interlocal Agreement with Whatcom County to Fund Lateral Paramedic Training p. 435 23902 9. 3rd Amendment to Interlocal for First Response Emergency Medical Services p. 443 Daniel Hammill / Hollie Huthman moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0. Public Comment Period City Council heard public comment from 22 individuals. To access the recording, visit the Public Comment Period Recordings page Adjournment There being no further business, the meeting adjourned at 9:39 pm. City of Bellingham Regular City Council Meeting Page 8 of 9 10/16/2023 Minutes Michael Lilliquist, Council President ATTEST: Jackie Lassiter, Legislative Assistant APPROVED: 10/30/2023 City of Bellingham Regular City Council Meeting Page 9 of 9 10/16/2023 Minutes