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City Council - Regular Meeting

Regular Meeting

Bellingham, WA · December 11, 2023

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Minutes

City of Bellingham City Council Regular Meeting Minutes December 11, 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 January 2, 2024, the Council will hold their reorganization meeting to elect officers, determine standing committee membership, and select representatives for other boards and committees. The meeting will take place at 2:30 PM in the Mayor's Boardroom. 2. On January 8, 2024, the Council will host a swearing in ceremony during the regular evening meeting. Judge Debra Lev will conduct the ceremony to administer the Oath of Office to all recently elected City of Bellingham Council Members and the Mayor-elect. 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 Public Hearing 23956 1. Public Hearing and Resolution on the Proposed Relinquishment of a Retained Utility p. 6 Easement Encumbering 1315 12th Street Eric Johnston, Public Works Director, presented a resolution, which provides for the relinquishment of a surplus utility easement that encumbers real property known as 1315 12th Street. The proposed relinquishment comes to City Council for decision upon application of the property owner to facilitate development of the property. The Public Works Department has reviewed the request and determined that the City has no current or foreseeable need to use the portion of the easement that encumbers the subject property for City utilities. Council Members discussed and asked questions regarding the easement. City of Bellingham Regular City Council Meeting Page 1 of 7 12/11/2023 Minutes President Lilliquist opened the Public Hearing. No individuals provided testimony. President Lilliquist closed the Public Hearing. Daniel Hammill / Edwin H. "Skip" Williams moved final approval of Resolution #2023-29. MOTION CARRIED 7-0. Mayor's Report Standing time for briefings, updates, and reports to Council by the Mayor. 23957 1. Mayor's Reappointments to the Tourism Commission (Information) p. 17 Mayor Fleetwood reappointed Todd Elsworth to his sixth term, Peter Frazier to his second term, Stephanie Morell to her first full term, and Nick Kelly to his first full term, on the Tourism Commission, all which will expire on December 31, 2026. 23958 2. Mayor's Reappointment to the Historic Preservation Commission (Approval) p. 25 Mayor Fleetwood reappointed David Falk to his third term on the Historic Preservation Commission, which will expire on January 22, 2027, at which time he may be reappointed. Hollie Huthman / Edwin H. "Skip" Williams moved to recommend approval of David Falk to his third term on the Historic Preservation Commission, which will expire on January 22, 2027, at which time he may be reappointed. MOTION CARRIED 7-0. Presentation 23961 1. A Resolution Honoring Seth Fleetwood for His Service to the City of Bellingham p. 27 President Lilliquist presented a resolution honoring Mayor Seth Fleetwood for his service. Daniel Hammill / Edwin H. "Skip" Williams moved final approval of Resolution #2023-30. MOTION CARRIED 7-0. 23959 2. A Resolution Honoring Kristina Michele Martens for Her Service to the City of p. 31 Bellingham President Lilliquist presented a resolution honoring Council Member Kristina Michele Martens for her service. City of Bellingham Regular City Council Meeting Page 2 of 7 12/11/2023 Minutes Lisa Anderson / Daniel Hammill moved final approval of Resolution #2023-31. MOTION CARRIED 6-0. Abstained: Kristina Michele Martens 23960 3. A Resolution Honoring Mark Gardner, Senior Legislative Policy Analyst for the p. 34 Bellingham City Council President Lilliquist presented a resolution honoring Mark Gardner, Senior Legislative Policy Analyst, for his service. Daniel Hammill / Hannah Stone moved final approval of Resolution #2023-32. MOTION CARRIED 7-0. 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 Committee 11:00 AM Daniel Hammill, Chair Hollie Huthman, Edwin H. "Skip" Williams 23962 1. Interlocal Agreement for Advanced Life Support (ALS) Services p. 37 Assistant Fire Chief Dave Pethick presented a six-year extension of the Interlocal Agreement (ILA) for Advanced Life Support (ALS) Services in Whatcom County. Funding comes from the County-wide Emergency Medical Services (EMS) Levy and covers the cost of operating the program. Council Members discussed and asked questions regarding the ILA. Daniel Hammill / Hollie Huthman moved to recommend approval of the Interlocal Agreement for Advanced Life Support (ALS) Services. MOTION CARRIED 7-0. 23963 2. Interlocal Agreement for Paramedic Training p. 72 Assistant Fire Chief Dave Pethick presented an Interlocal Agreement (ILA) for Paramedic Training. Funding comes from the County-wide Emergency Medical Services (EMS) Levy and covers the student back-fill and preceptor costs for the 2024 Paramedic Class cohort and anticipated needs for lateral training in 2024. Council Members discussed and asked questions regarding the ILA. Daniel Hammill / Edwin H. "Skip" Williams moved to recommend approval of the Interlocal Agreement for Paramedic Training. City of Bellingham Regular City Council Meeting Page 3 of 7 12/11/2023 Minutes MOTION CARRIED 7-0. 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 23964 1. Consideration of Revisions to BMC 10.24.120, Public Noise Disturbance p. 82 Amy Kraham, Senior Assistant City Attorney, presented draft revisions to BMC 10.24.120, Public Noise Disturbance. On October 16, 2023, Council directed staff to return with suggested revisions including establishing that construction and industrial noises between 10:00 p.m. and 7:00 a.m. are prohibited to emanate from any type of zoning if received in a residential zone to a level constituting a public disturbance noise and revisions increasing the penalties for such disturbance. The council requested staff to return with a draft ordinance that uses the suggested language for BMC 10.24.120 Section C4, doubles all penalties, and relies upon police for after-hours enforcement. They also requested staff to investigate options for non-in person citations for an infraction of the noise ordinance. 23965 2. Climate Action Update for Fourth Quarter 2023 p. 85 Mayor Fleetwood, Clare Fogelsong, Natural Resources Policy Manager, Seth Vidaña, Climate Energy Manager, and Carol Fraser, Consultant Lead for Sustainability Solutions Group, provided an update on 2023 climate action activities. Specifically, staff presented climate adaptation and carbon pollution reduction projects and programs, including topics such as regional coordination, planning, and the City's implementation plan for building electrification. Council Members discussed and asked questions regarding current programs and future goals and projects. Staff will return in the first quarter of 2024 to discuss the climate action workplan. 23966 3. Approval of the 11/20/23 City Council Committee and Regular Meeting Minutes p. 177 Edwin H. "Skip" Williams / Hollie Huthman moved approval of the November 20, 2023 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 4. Old/New Business President Lilliquist recapped the Committee Of The Whole Old/New Business discussion and approval of a resolution calling for a ceasefire in Gaza, Israel, and Palestine. Michael Lilliquist / Edwin H. "Skip" Williams moved final approval of Resolution #2023-33. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 4 of 7 12/11/2023 Minutes Council Member Stone shared she would like to discuss next steps for the Immigration Advisory Board at the reorganization meeting on January 2, 2024. Executive Session 3:00 PM Closed to the public. Report in the Regular Meeting only: 1. Litigation: Will v. Serad and City of Bellingham (Good, approx. 10 min) Staff provided information on a litigation matter. For information and discussion. No action taken. 2. Litigation: Benson v. City of Bellingham et al. (Good, approx. 5 min) This item was removed from the agenda. 3. Potential Litigation (Erb, approx. 15 min) Staff provided information on a potential litigation matter. For information and discussion. No action taken. 4. Potential Property Acquisition (Stamps, approx. 3 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. 23967 1. County-Wide Mutual Aid Agreement for Fire, Medical Aid and Hazardous Materials p. 195 Support 23968 2. Authorization of A/P Transactions Issued November 23, 2023 through November 30, p. 217 2023 Daniel Hammill / Edwin H. "Skip" Williams moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 23942 1. An Ordinance of the City of Bellingham, Washington Amending Bellingham Municipal p. 218 Code Chapter 6.04 to Adopt Uniform General Business and Occupation Tax Requirements Mandated by the State of Washington 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: City of Bellingham Regular City Council Meeting Page 5 of 7 12/11/2023 Minutes AYES: Lilliquist, Stone, Huthman, Hammill, Williams, Anderson, Martens NAYS: (None) EXCUSED: (None) MOTION CARRIED 7-0 and was thereafter named Ordinance #2023-12-038. 23943 2. An Ordinance of the City of Bellingham Amending the Vehicle License Requirements p. 221 for Taxicabs and For-Hire Vehicles; Amending BMC 6.54.020, 6.54.050, 6.54.060, and 6.54.070, Adding New Sections to BMC 6.54, and Repealing BMC 6.54.100, 6.54.110, 6.54.120. 6.54.130, 6.54.140, and 6.54.150 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 #2023-12-039. 23945 3. An Ordinance Amending the 2023-2024 Biennial Budget, Providing for Adoption of p. 233 the Mid-Biennial Adjustments to the Biennial Budget Pursuant to the Terms of RCW 35.34.130 Hollie Huthman / Lisa Anderson 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 #2023-12-040. Public Comment Period City Council heard public comment from 45 individuals. To access the recording, visit the Public Comment Period Recordings page. Adjournment There being no further business, the meeting adjourned at 10:29pm. City of Bellingham Regular City Council Meeting Page 6 of 7 12/11/2023 Minutes Michael Lilliquist, Council President ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 1/29/2024 City of Bellingham Regular City Council Meeting Page 7 of 7 12/11/2023 Minutes

Agenda

City of Bellingham City Council Regular Meeting Agenda December 11, 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 Legislative Assistant: Jackie Lassiter Watch Council Meetings Live The City Council Regular meetings are conducted in a hybrid setting: both in-person and remote access are available. In Person: All meetings are held in Council Chambers on the second floor of City Hall, 210 Lottie Street, Bellingham, unless otherwise noted. The doors unlock at 6:30 PM for the 7:00 PM meeting. Live on YouTube and Comcast: Council meetings are streamed live via the City’s website at https://cob.org/meetings and on the City’s YouTube channel at https://cob.org/btv. Meetings are also broadcast in high definition on BTV on Comcast channel 321 and in standard definition on Comcast channel 10. Via Telephone: Members of the public who do not have cable or Internet access may listen to the meeting via telephone by calling (253) 215-8782 and entering Meeting ID: 839 2153 4374 and Password: 9 Provide your Input During a Meeting: To speak during a Public Hearing or the Public Comment Session, advance registration is encouraged. Speakers who register in advance will be called on first. Registration can be made by visiting https://cob.org/ccsignup. Speakers may participate via the following options: • In person: Members of the public may come to the Council Chambers located at City Hall, 210 Lottie St., Bellingham. • Remotely via Zoom: Click the following link to launch the Zoom meeting and follow staff instructions at the time of the hearing or public comment period: https://cob.org/cczoom. • Remotely via phone: Call (253) 215-8782 and enter Meeting ID 839 2153 4374 and Password 9. Follow staff instructions at the time of the hearing or public comment period. Before or After a Meeting: Advance written Public Hearing testimony and general written Public Comment can be presented to the Council:  By mail addressed to: City Council, 210 Lottie Street, Bellingham, WA 98225  Online: o For a public hearing: https://cob.org/publichearing o For general public comment: https://cob.org/ccpubliccomment Regular Meeting The following items are heard in the Regular Meeting only: Call to Order Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Meetings Act. 1. On January 2, 2024, the Council will hold their reorganization meeting to elect officers, determine standing committee membership, and select representatives for other boards and committees. The meeting will take place at 2:30 PM in the Mayor's Boardroom. 2. On January 8, 2024, the Council will host a swearing in ceremony during the regular evening meeting. Judge Debra Lev will conduct the ceremony to administer the Oath of Office to all recently elected City of Bellingham Council Members and the Mayor-elect. Roll Call Public Hearing 23956 1. Public Hearing and Resolution on the Proposed Relinquishment of a Retained Utility p. 6 Easement Encumbering 1315 12th Street Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 23957 1. Mayor's Reappointments to the Tourism Commission (Information) p. 17 23958 2. Mayor's Reappointment to the Historic Preservation Commission (Approval) p. 25 Presentation 23961 1. A Resolution Honoring Seth Fleetwood for His Service to the City of Bellingham p. 27 23959 2. A Resolution Honoring Kristina Michele Martens for Her Service to the City of p. 31 Bellingham 23960 3. A Resolution Honoring Mark Gardner, Senior Legislative Policy Analyst for the p. 34 Bellingham City Council Regular Meeting and Committee Sessions The following are heard in both Committee sessions and Regular Meeting in order below: Council Standing Committee Meetings: Open to the public to attend. Note: there is generally no public comment period for Committee sessions. Standing Committee Members receive reports and information, ask questions and, when appropriate, vote on a recommended action for consideration by the full Council at the Regular Meeting. The notice of Committee Meetings identified below also serves as notice of Special Meetings of the City Council at the times identified as Council Members who are not members of the committee routinely attend and participate in the Committee Meetings. Committee Chairs give a report of the Committee Meeting at the Regular Meeting in the evening prior to deliberation and formal vote in the order shown below: Public Health, Safety, Justice, and Equity Committee 11:00 AM Daniel Hammill, Chair Hollie Huthman, Edwin H. "Skip" Williams 23962 1. Interlocal Agreement for Advanced Life Support (ALS) Services p. 37 23963 2. Interlocal Agreement for Paramedic Training p. 72 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 23964 1. Consideration of Revisions to BMC 10.24.120, Public Noise Disturbance p. 82 23965 2. Climate Action Update for Fourth Quarter 2023 p. 85 23966 3. Approval of the 11/20/23 City Council Committee and Regular Meeting Minutes p. 177 4. Old/New Business Executive Session 3:00 PM Closed to the public. Report in the Regular Meeting only: 1. Litigation: Will v. Serad and City of Bellingham (Good, approx. 10 min) 2. Litigation: Benson v. City of Bellingham et al. (Good, approx. 5 min) ITEM REMOVED 12/11/23 3. Potential Litigation (Erb, approx. 15 min) 4. Potential Property Acquisition (Stamps, approx. 3 min) 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. 23967 1. County-Wide Mutual Aid Agreement for Fire, Medical Aid and Hazardous Materials p. 195 Support 23968 2. Authorization of A/P Transactions Issued November 23, 2023 through November 30, p. 217 2023 Final Consideration of Ordinances 23942 1. An Ordinance of the City of Bellingham, Washington Amending Bellingham Municipal p. 218 Code Chapter 6.04 to Adopt Uniform General Business and Occupation Tax Requirements Mandated by the State of Washington 23943 2. An Ordinance of the City of Bellingham Amending the Vehicle License Requirements p. 221 for Taxicabs and For-Hire Vehicles; Amending BMC 6.54.020, 6.54.050, 6.54.060, and 6.54.070, Adding New Sections to BMC 6.54, and Repealing BMC 6.54.100, 6.54.110, 6.54.120. 6.54.130, 6.54.140, and 6.54.150 23945 3. An Ordinance Amending the 2023-2024 Biennial Budget, Providing for Adoption of p. 233 the Mid-Biennial Adjustments to the Biennial Budget Pursuant to the Terms of RCW 35.34.130 Public Comment Period - 30 Minutes Advance registration is encouraged for participation. Speakers who register in advance will be given priority. Each speaker will have three minutes. Please see first page of agenda for further details. Video of the public comment session will be available by visiting https://cob.org/commentrecordings. Adjournment Agenda Information Council Committee and Regular Meeting agendas and agenda packets, which contain the supporting documentation for agenda items, are available to the public Wednesday afternoon prior to the meeting. They are posted at https://cob.org/meetings. A hard copy of the agenda packet is available for review from the reference desk at the Central Library or the Finance office at City Hall. Meeting Live Broadcasts and Recordings The Bellingham City Council Committee Meetings are broadcast live on BTV Bellingham at the times listed on the agenda. Committee session start times between 9:00 AM and 5:00 PM are estimated. A specific Committee may start later than the time published but will not begin earlier than its published time. Television: BTV can be found on cable systems as follows: Comcast channels 10 (standard) and 321 (high definition), and CenturyLink channels 40 (standard) and 1040 (high definition). Meetings are rebroadcast on the following schedule:  Tues. 12 PM: Repeat broadcast of Monday afternoon Committee meetings  Tues. 7 PM: Repeat broadcast of Monday night regular meeting  Wed. 8 AM: Repeat broadcast of Monday night regular meeting  Sat. 12 PM: Repeat broadcast of Monday afternoon Committee meetings  Sat. 7 PM: Repeat broadcast of Monday night regular meeting Online Streaming: The meetings are streamed live at https://cob.org/btv. Online viewers will see exactly what cable customers would see. DVD: The Bellingham Public Library also has DVD’s available for checkout. Video and audio files are available on the Internet at https://cob.org/meetings within 5 business days following each meeting. Accessibility The Council Chambers is fully accessible. Elevator access to the second floor is available at City Hall’s west entrance. Hearing assistance is available, and a receiver may be checked out through the Deputy City Clerk prior to the evening session. For additional accommodations, contact the Legislative Assistant at 778-8200 in advance of the meeting. Thank you. Next City Council Meeting Monday, January 8, 2024 Deadline to submit material for any public hearing for inclusion in the published agenda packet is 10:00 a.m. on Wednesday prior to the meeting.

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