City Council - Regular Meeting

Name: City Council - Regular Meeting — Bellingham, WA
Start: 2024-07-01T19:00:00
End: 2024-07-01T21:00:00
Location: Bellingham, WA

Regular Meeting

Bellingham, WA · July 1, 2024

Agenda Minutes Packet Video Recording

Minutes

City of Bellingham City Council Regular Meeting Minutes July 1, 2024, 7:00 PM Mayor: Kimberley Lund 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 Jace Cotton Call to Order The City Council Regular meeting was called to order by Council President Pro Tempore Huthman at 7:00pm. Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. 1. Land Acknowledgement Statement Before we begin, we acknowledge that we are gathered on the traditional and unceded territory of the Lummi, Nooksack, Samish and Semiahmoo People who have cared for and tended this land since time immemorial. Truth and acknowledgment are critical to building mutual respect and connection across all barriers of heritage and difference. We begin this effort to acknowledge what has been buried by honoring the truth. We pay respect to their elders past and present. Please take a moment to consider the many legacies of violence, displacement, migration, and settlement that bring us together here today. And please join us in uncovering such truths at any and all public events. 2. Language Access The Bellingham City Council provides Spanish interpretation at all regular evening meetings. Interpretation can be accessed by in-person attendees by utilizing the headsets located at the front of the room. Remote viewers can log on to cob.org/cczoom and click on the "Language" icon at the bottom of the screen to listen in Spanish. 3. Public Hearing Regarding the Landmark Tree Ordinance On July 15, 2024, the City Council will hold a public hearing to take public comment on ordinance 2024-05-07 relating to the preservation of Landmark Trees, declaring an emergency, and establishing interim development regulations with respect to Landmark Trees throughout the City. This emergency ordinance was passed on May 20, 2024. The Council is holding a public hearing for this emergency ordinance on July 15 in accordance with RCW 36.70A.390. Further information about the ordinance can be found at https://cob.org/services/environment/trees/tree-protection Roll Call Present: Council Member Hannah Stone, First Ward Council Member Hollie Huthman, Second 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 7 7/1/2024 Minutes Council Member Michael Lilliquist, Sixth Ward Council Member Jace Cotton, At-Large Excused: Council President Daniel Hammill, Third Ward Public Hearing 24170 1. Public Hearing on the Surplus of Station 10 Property p. 6 Fire Chief Hewett presented the request to surplus Station 10 property located at 858 E. Smith Rd. After staffing adjustments in 2023, Station 10 became surplus to the needs of the Fire Department. Per BMC 4.84.010(B), a Real Estate Review Committee was assembled to review the City's need for the property. After completing the review, the Committee recommended that the property be declared surplus and placed on the real estate market. Council Members discussed the property and asked questions. Council President Pro Tempore Huthman opened the Public Hearing. Four individuals provided testimony. Council President Pro Tempore Huthman closed the Public Hearing. Hannah Stone / Edwin H. "Skip" Williams moved to authorize surplus of the Station 10 property and place the property on the real estate market for negotiated sale. MOTION CARRIED 6-0. Mayor's Report Standing time for briefings, updates, and reports to Council by the Mayor. Mayor Lund highlighted that the City is reviewing current processes regarding police communications and responses to public safety incidents. The Council has made several city-wide communication investments and staff are actively working to improve communications. Mayor Lund acknowledged the recent Supreme Court decision in the Grants Pass v. Johnson case and reiterated the City's approach to providing services and safe, stable, affordable housing for the community and those experiencing homelessness. Mayor Lund outlined the recent partnership with the Opportunity Council to build 120+ affordable housing units and a childcare center in Bellingham. Mayor Lund reminded the community that fireworks are illegal within City limits. The community is encouraged to attend public firework displays at Zuanich Point Park. Learn more about 4th of July community events online. Mayor Lund shared information about the City's Pride Events on July 6th and 7th. More information about the Pride Parade and Festival are available online. City of Bellingham Regular City Council Meeting Page 2 of 7 7/1/2024 Minutes Regular Meeting and Committee Sessions The following are heard in both Committee sessions and Regular Meeting in order below: Council Standing Committee Meetings: Community and Economic Development 1:00 PM Jace Cotton, Chair Hannah Stone, Hollie Huthman 24171 1. Consideration of the Lodging Tax Advisory Committee's Downtown Activation Grant p. 10 Recommendations Tara Sundin, Community and Economic Development Manager, and Taylor Webb, Development Specialist, presented on the May 2024 request for proposals (RFP) soliciting projects to revitalize the downtown area using General Fund ($100k) and Lodging Tax revenues ($250k). The Lodging Tax Advisory Committee (LTAC) approved the Mayor's recommendations for use of the Lodging Tax Funds for the following projects,  One Spark – Immersive Experiences in Vacant Spaces ($60,000)  One Spark – Activation of Four Downtown Alleys ($100,000)  One Spark – Lakeway Underpass Mural ($90,000) General Funds will be used for the following projects,  One Spark – Lee Memorial Park Staircase Murals ($40,000)  Find Billy – Series of Five Whimsical Sculptures ($37,300)  Whatcom Museum – Old Fire Station Mural ($9,000)  Trike Trak – Interactive Tricycle Artwork and Display ($11,000)  TBD Commercial Street Parking Garage Another request for proposals will be issued in the fall of 2024. The presentation is available here. Council Members discussed the proposals and asked questions. Jace Cotton / Hannah Stone moved to recommend approval of the Mayor's recommendations for use of the Lodging Tax Funds for the projects,  One Spark – Immersive Experiences in Vacant Spaces ($60,000)  One Spark –Activation of Four Downtown Alleys ($100,000)  One Spark – Lakeway Underpass Mural ($90,000) MOTION CARRIED 6-0. City of Bellingham Regular City Council Meeting Page 3 of 7 7/1/2024 Minutes Committee Of The Whole 1:15 PM Daniel Hammill, Chair Hannah Stone, Hollie Huthman, Edwin H. "Skip" Williams, Lisa Anderson, Michael Lilliquist, Jace Cotton 24172 1. Interlocal Agreement to be a Part of Whatcom County Drug Task Force p. 13 Police Chief Mertzig and Prosecuting Attorney for Whatcom County Eric Richey presented the Interlocal Agreement (ILA) to join the Whatcom County Drug Task Force. Due to critical staffing deficiencies, the Bellingham Police Department (BPD) withdrew from the task force in 2020 and assisted only as a supporting agency without providing personnel. This ILA resumes BPD's direct participation in the Whatcom County Drug Task Force. Council Members discussed the ILA and asked questions. Hollie Huthman / Edwin H. "Skip" Williams moved to recommend approval of the Interlocal Agreement (ILA) for the Bellingham Police Department to join the Whatcom County Drug Task Force. MOTION CARRIED 6-0. 24173 2. Consideration of a Letter in Support of Whatcom County Exploring Year-Round p. 30 Shelter Options At the June 17, 2024 meeting, Council Member Michael Lilliquist requested the City Council consider sending a letter to the Whatcom County Council and Executive’s Office expressing support for expanding year-round shelter capacity. A finalized copy of the letter is available here. Council Members discussed the letter and asked questions. Hollie Huthman / Michael Lilliquist moved to recommend approval of the letter to the Whatcom County Council and County Executive in support of expanding year-round shelter capacity. MOTION CARRIED 6-0. 3. Old/New Business There were no discussion items for Old/New Business. Executive Session 1:40 PM Closed to the public. Report in the Regular Meeting only: 1. Potential Litigation (Kraham, approx. 10 min.) - ITEM REMOVED 7.1.24 This item was removed from the agenda. 2. Litigation (Kraham, approx 5 min.) - ITEM ADDED 7.1.24 In the Matter of Determination of Rights to Use of Ground and Surface Waters of WRIA1, Whatcom Co. Case No. 24-2-80000-37 City of Bellingham Regular City Council Meeting Page 4 of 7 7/1/2024 Minutes Staff provided information on the status of the Nooksack adjudication. Edwin H. "Skip" Williams / Michael Lilliquist moved to authorize the Mayor to retain K & L Gates to assist with litigation concerning the Nooksack adjudication. MOTION CARRIED 6-0. 3. Potential Litigation (Chaplin, approx. 10 min.) Staff provided information on a potential litigation matter. Edwin H. "Skip" Williams / Jace Cotton moved to authorize the Mayor to enter into a separation agreement with Firefighter Daisy Brennan with the following key terms:  Lump sum payment of $18,349.10 (equal to 2 months’ base salary)  Payment of vacation, compensatory time, and sick leave cash-outs under collective bargaining agreement amounting to $15,612  Comprehensive release and waiver of all claims against the City MOTION CARRIED 5-0. Abstained: Lisa Anderson 4. Potential Litigation (Chaplin, approx. 10 min.) Staff provided information on a potential litigation matter. Edwin H. "Skip" Williams / Michael Lilliquist moved to authorize the Mayor to enter into a separation agreement with Fire Captain Mark Brennan with the following key terms:  Payment of vacation, compensatory time, and sick leave cash-outs under collective bargaining agreement amounting to $42,616.20  Comprehensive release and waiver of all claims against the City MOTION CARRIED 4-0. Abstained: Lisa Anderson, Jace Cotton 5. Litigation (Chaplin, approx. 10 min.) - Brock, et. al, v. City of Bellingham - Bourgault v. City of Bellingham - Franks v. City of Bellingham - Scanlon and Weiss v. City of Bellingham - Wilson v. City of Bellingham Staff provided information on a litigation matter. City of Bellingham Regular City Council Meeting Page 5 of 7 7/1/2024 Minutes Lisa Anderson / Hannah Stone moved to authorize the Mayor to retain Summit Law Group to assist with litigation concerning the City’s COVID-19 vaccine mandate. MOTION CARRIED 6-0. 6. Labor Relations: Discuss Collective Bargaining Strategy (Monahan, approx. 10 min.) Staff provided information on a labor relations 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. 24174 1. Authorization of A/P Transactions Issued June 07, 2024 through June 13, 2024 p. 33 24175 2. Authorization of A/P Transactions Issued June 14, 2024 through June 20, 2024 p. 34 24176 3. What-Comm/WWU PD Session Initiated Protocol (SIP) Conversion (Contract p. 35 #C2400734) 24177 4. What-Comm Interlocal Agreement (Contract #C23008472-001) p. 46 24178 5. Acceptance of Washington State Criminal Justice Training Commission Grant for p. 50 Officer Wellness 24179 6. Approval of the 6/17/2024 City Council Committee and Regular Meeting Minutes p. 67 Michael Lilliquist / Edwin H. "Skip" Williams moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0. Final Consideration of Ordinances 24161 1. An Ordinance Repealing Ordinance 2014-06-034 which Established a Biennial Budget p. 82 for the City of Bellingham Hannah Stone / 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: Stone, Huthman, Williams, Anderson, Lilliquist, Cotton NAYS: (None) EXCUSED: Hammill MOTION CARRIED 6-0 and was thereafter named Ordinance #2024-07-021. City of Bellingham Regular City Council Meeting Page 6 of 7 7/1/2024 Minutes Public Comment Period City Council heard public comments from 13 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 8:26pm. Hollie Huthman, Council President Pro Tempore ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 7/15/2024 City of Bellingham Regular City Council Meeting Page 7 of 7 7/1/2024 Minutes

Agenda

City of Bellingham City Council Regular Meeting Agenda July 1, 2024, 7:00 PM Mayor: Kimberley Lund 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 Jace Cotton Legislative Manager: Jackie Lassiter Watch Council Meetings Live The City Council Regular meetings are conducted in a hybrid setting: both in-person and online. 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 on BTV: Comcast channels 321 and 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: 820 8245 2733 and Password: 9 Language Access: Spanish interpretation will be available at the Regular Meeting at 7:00 PM. In-person attendees will have interpretation headsets available to them. Remote attendees can navigate to www.cob.org/cczoom to login via Zoom, then select the interpretation channel at the bottom of the screen. Those wishing to offer public comment in Spanish will be able to do so and their comments will be interpreted into English. Provide your Input During a Meeting: To speak during a Public Hearing or Public Comment Session, advance registration is required. Sign-up sheets will be available outside the Council Chamber doors starting at 6:30 PM the evening of the meeting. Registration closes when the meeting begins at 7:00 PM. Please note: Public comment is currently available only to in-person attendees. In light of recent hate speech incidents across the state, the Bellingham City Council will not be offering public comment via Zoom until further notice. The City may provide accommodation for individuals with disabilities who wish to participate in City Council’s public comment period, including virtual participation options. Please contact the Council Office at (360) 778-8200 or ccmail@cob.org to request an accommodation no later than 3:00 PM on the day of the meeting. Public comment is always welcome via e-mail, phone, or mail. Before or After a Meeting: Advance written Public Hearing testimony and general written Public Comment can be presented:  By mail addressed to: City Council, 210 Lottie Street, Bellingham, WA 98225  Electronically: o For a public hearing: https://cob.org/publichearing o For general public comment: E-mail all Council Members at ccmail@cob.org. 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 Public Meetings Act. 1. Land Acknowledgement Statement Before we begin, we acknowledge that we are gathered on the traditional and unceded territory of the Lummi, Nooksack, Samish and Semiahmoo People who have cared for and tended this land since time immemorial. Truth and acknowledgment are critical to building mutual respect and connection across all barriers of heritage and difference. We begin this effort to acknowledge what has been buried by honoring the truth. We pay respect to their elders past and present. Please take a moment to consider the many legacies of violence, displacement, migration, and settlement that bring us together here today. And please join us in uncovering such truths at any and all public events. 2. Language Access The Bellingham City Council provides Spanish interpretation at all regular evening meetings. Interpretation can be accessed by in-person attendees by utilizing the headsets located at the front of the room. Remote viewers can log on to cob.org/cczoom and click on the "Language" icon at the bottom of the screen to listen in Spanish. 3. Public Hearing Regarding the Landmark Tree Ordinance On July 15, 2024, the City Council will hold a public hearing to take public comment on ordinance 2024-05-07 relating to the preservation of Landmark Trees, declaring an emergency, and establishing interim development regulations with respect to Landmark Trees throughout the City. This emergency ordinance was passed on May 20, 2024. The Council is holding a public hearing for this emergency ordinance on July 15 in accordance with RCW 36.70A.390. Further information about the ordinance can be found at https://cob.org/services/environment/trees/tree-protection Roll Call Public Hearing 24170 1. Public Hearing on the Surplus of Station 10 Property p. 6 Mayor's Report Standing time for briefings, updates, and reports to Council by the Mayor. 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 Committee Meetings identified below also serves as notice for Special Meetings of the City Council as Council Members routinely attend and participate in Committees they are not a member of. 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: Community and Economic Development 1:00 PM Jace Cotton, Chair Hannah Stone, Hollie Huthman 24171 1. Consideration of the Lodging Tax Advisory Committee's Downtown Activation Grant p. 10 Recommendations Committee Of The Whole 1:15 PM Daniel Hammill, Chair Hannah Stone, Hollie Huthman, Edwin H. "Skip" Williams, Lisa Anderson, Michael Lilliquist, Jace Cotton 24172 1. Interlocal Agreement to be a Part of Whatcom County Drug Task Force p. 13 24173 2. Consideration of a Letter in Support of Whatcom County Exploring Year-Round p. 30 Shelter Options 3. Old/New Business Executive Session 1:40 PM Closed to the public. Report in the Regular Meeting only: 1. Potential Litigation (Kraham, approx. 10 min.) - ITEM REMOVED 7.1.24 2. Litigation (Kraham, approx 5 min.) – ITEM ADDED 7.1.24 In the Matter of Determination of Rights to Use of Ground and Surface Waters of WRIA1, Whatcom Co. Case No. 24-2-80000-37 3. Potential Litigation (Chaplin, approx. 10 min.) 4. Potential Litigation (Chaplin, approx. 10 min.) 5. Litigation (Chaplin, approx. 10 min.) - Brock, et. al, v. City of Bellingham - Bourgault v. City of Bellingham - Franks v. City of Bellingham - Scanlon and Weiss v. City of Bellingham - Wilson v. City of Bellingham 6. Labor Relations: Discuss Collective Bargaining Strategy (Monahan, approx. 10 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. 24174 1. Authorization of A/P Transactions Issued June 07, 2024 through June 13, 2024 p. 33 24175 2. Authorization of A/P Transactions Issued June 14, 2024 through June 20, 2024 p. 34 24176 3. What-Comm/WWU PD Session Initiated Protocol (SIP) Conversion (Contract p. 35 #C2400734) 24177 4. What-Comm Interlocal Agreement (Contract #C23008472-001) p. 46 24178 5. Acceptance of Washington State Criminal Justice Training Commission Grant for p. 50 Officer Wellness 24179 6. Approval of the 6/17/2024 City Council Committee and Regular Meeting Minutes p. 67 Final Consideration of Ordinances 24161 1. An Ordinance Repealing Ordinance 2014-06-034 which Established a Biennial Budget p. 82 for the City of Bellingham Public Comment Period Advance sign-up is required for participation. Sign-up sheets will be available starting at 6:30 PM the evening of the meeting. Registration closes when the meeting begins at 7:00 PM. Each speaker will have three minutes. Oral public comment is currently only available to in-person attendees. Remote public comment via Zoom has been suspended until further notice. Exceptions for those requiring an accommodation for disability may be made. Please see the first page of the 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 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. Video: Video recordings of each meeting are available on the Internet at https://cob.org/meetings within five 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 Council Office at (360) 778-8200 in advance of the meeting. Next City Council Meeting Monday, July 15, 2024 Deadline to submit material for any public hearing for inclusion in the published agenda packet is 10:00 AM. on Wednesday prior to the meeting.

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