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City Council - Regular Meeting

Regular Meeting

Bellingham, WA · August 26, 2024

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City of Bellingham City Council Regular Meeting Minutes August 26, 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 Hammill 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. Upcoming Special Council Meeting: Growth Management Coordination Workgroup On August 29, 2024, the City Council will hold a Special Meeting to discuss growth management and comprehensive plans with other elected officials of jurisdictions across Whatcom County. The meeting will be held at 1:00 PM at the Lynden City Hall Annex and will focus on the topics of urban growth area (UGA) planning, industrial growth, and agricultural planning. More information can be found at meetings.cob.org. Roll Call Present: Council President Daniel Hammill, Third Ward 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 Council Member Michael Lilliquist, Sixth Ward Council Member Jace Cotton, At-Large City of Bellingham Regular City Council Meeting Page 1 of 8 8/26/2024 Minutes Public Hearing 24211 1. Public Hearing on Resolution Authorizing the Relinquishment of Surplus Utility p. 6 Easements Encumbering the Roosevelt Elementary School Property at 2900 Yew Street Joel Pfundt, Interim Public Works Director, and Mike Wilson, Assistant Director of Engineering, provided a summary of the resolution authorizing the relinquishment of surplus utility easements encumbering the Roosevelt Elementary School Property at 2900 Yew Street. The request from the Bellingham School District allows for redevelopment at Roosevelt Elementary School. The City reviewed the request and found the easements encumbering the subject property are not needed for utility service and should be relinquished. Mr. Pfundt read into the record an amendment to the resolution making the relinquishment subject to the School District first granting the City a replacement water main easement to cover an existing water main on the property and an agreement between Lumen and the School District being reached. Council Members discussed the resolution and asked questions. Council President Hammill opened the public hearing. No individuals provided testimony. Council President Hammill closed the public hearing. Michael Lilliquist / Edwin H. "Skip" Williams moved final approval of Resolution #2024-20 as amended. MOTION CARRIED 7-0. 24212 2. Public Hearing on Resolution Authorizing the Relinquishment of a Public Utility p. 24 Easement Located within Vacated Bennett Avenue that is Surplus to the City's Needs Joel Pfundt, Interim Public Works Director, and Mike Wilson, Assistant Director of Engineering, provided a summary of the resolution authorizing the relinquishment of a public utility easement located within vacated Bennett Avenue. The property owner requested the relinquishment to facilitate development of private property. The City reviewed the request and found the portion of the easement that encumbers the subject property is surplus to the City’s needs and not needed for utility service. Council Members discussed the resolution and asked questions. Council President Hammill opened the public hearing. No individuals provided testimony. Council President Hammill closed the public hearing. Lisa Anderson / Hollie Huthman moved final approval of Resolution #2024-21. City of Bellingham Regular City Council Meeting Page 2 of 8 8/26/2024 Minutes MOTION CARRIED 7-0. Mayor's Report Standing time for briefings, updates, and reports to Council by the Mayor. 24213 1. Mayor's Reappointment to the Community Development Advisory Board p. 37 (Information) Mayor Lund reappointed Josh Sanders to his first full term on the Community Development Advisory Board, which will expire on September 10, 2027. 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 11:00 AM Hannah Stone, Chair Lisa Anderson, Michael Lilliquist 24214 1. Contract Award for the Neighborhood Overlays (ES559) Bid #53B-2024 p. 40 Joel Pfundt, Interim Public Works Director, Mike Olinger, Interim Public Works Director, and Mike Wilson, Assistant Director of Engineering, provided a summary of the Neighborhood Overlays project and the criteria for evaluating roads for improvements. The project would overlay specific street segments in the Silver Beach and Samish Neighborhoods to preserve the City's pavement assets. The project also includes installing a new water main along Northshore Drive, ADA ramp upgrades, and a rectangular rapid flashing beacon on Electric Avenue near Flynn Street. Council Members discussed the project and asked questions. Hannah Stone / Lisa Anderson moved to award contract No. 53B-2024 for the Neighborhood Overlays Project to Granite Construction Company as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid, $1,813,923.86, which includes any applicable WSST. MOTION CARRIED 7-0. 24215 2. A Resolution of the City of Bellingham Adopting a Revised Rate Schedule to Add a p. 57 Bike Locker User Fee Joel Pfundt, Interim Public Works Director, Steve Haugen, Superintendent of Traffic, Parking, and Fiber, and Mike Wilson, Assistant Director of Engineering, presented a resolution revising the rate schedule to include a new bike locker user fee. The City Council requested funding to install bicycle lockers downtown to provide more secure storage options for people biking and rolling. To implement the new Bicycle Locker Program, the City’s Parking Rate and Enforcement Schedule needs to be revised to establish hourly Bike Locker User Fees. Council Members discussed the resolution and asked questions. City of Bellingham Regular City Council Meeting Page 3 of 8 8/26/2024 Minutes Hannah Stone / Michael Lilliquist moved final approval of Resolution #2024-18. MOTION CARRIED 7-0. Public Health, Safety, Justice, and Equity 1:00 PM Hollie Huthman, Chair Hannah Stone, Edwin H. "Skip" Williams 24216 1. Interlocal Agreement for First Response Emergency Medical Services p. 76 Dave Pethick, Assistant Fire Chief, presented a summary of the Interlocal Agreement (ILA) for First Response Emergency Medical Services. The agreement confirms the City's commitment to provide first response and basic life support services (BLS). The new agreement is retroactive to January of 2024 and will run through December of 2029 (the same lifespan of the Countywide EMS Levy). Council Members discussed the ILA and asked questions. Hollie Huthman / Edwin H. "Skip" Williams moved to recommend approval of the Interlocal Agreement for First Response Emergency Medical Services. MOTION CARRIED 7-0. Community and Economic Development 1:10 PM Jace Cotton, Chair Hannah Stone, Hollie Huthman 24217 1. Amending Interlocal Agreement between Whatcom County and the City of p. 94 Bellingham to Operate Interim Shower Program Council Member Stone recused herself from the discussion and vote due to her position on the Opportunity Council's Board of Directors. Tara Sundin, Community and Economic Development Manager, presented the proposed amendment to the interlocal agreement (ILA) between Whatcom County and the City to operate the interim shower program behind City Hall. This amendment authorizes the Mayor to enter into an agreement to extend the term of the ILA through December 31, 2024 due to delays to the opening of the Way Station project, which will replace the shower program. Council Members discussed the ILA and asked questions. Jace Cotton / Hollie Huthman moved to recommend approval of the amended interlocal agreement (ILA) between Whatcom County and the City to operate the interim shower program. MOTION CARRIED 6-0. RECUSED: Hannah Stone City of Bellingham Regular City Council Meeting Page 4 of 8 8/26/2024 Minutes 24218 2. Modification to the Housing Levy Administrative and Financial Plan for Low-Income p. 114 Homebuyer Assistance Samya Lutz, Housing Services Program Manager, presented proposed modifications to the low- income homebuyer assistance funding guidelines, as reflected in the Housing Levy Administrative and Financial Plan. Additional revisions are anticipated and will be brought forth to Council in the future. Council Members discussed the modifications and asked questions. Jace Cotton / Edwin H. "Skip" Williams moved final approval of Resolution #2024-19. MOTION CARRIED 7-0. Parks and Recreation 1:45 PM Edwin H. "Skip" Williams, Chair Hollie Huthman, Jace Cotton 24219 1. An Ordinance Accepting the Donation of Real Property to the City of Bellingham p. 126 Parks and Recreation Department from David and Carol Robinson Nicole Oliver, Parks and Recreation Director, presented an ordinance to accept a property donation to the City from David and Carol Robinson. The two properties total 7.5 acres; one property is in Happy Valley on 32nd Street, adjacent to Connelly Creek Nature Area, and the second is on California Street adjacent to Arroyo Park. Council Members discussed the properties, asked questions, and thanked the Robinsons for their donation. Edwin H. "Skip" Williams / Hollie Huthman moved for first and second reading. MOTION CARRIED 7-0. 24220 2. Naming of the Pier at Little Squalicum Park p. 132 Nicole Oliver, Parks and Recreation Director, and Gina Austin, Parks Project Engineer, presented the proposed name for the Little Squalicum Park Pier. The pier is expected to be open for the public in spring 2025. Council Members discussed the name and asked questions. Edwin H. "Skip" Williams / Hollie Huthman moved to recommend approval of naming the pier at Little Squalicum Park (640 Marine Drive in Bellingham) as Little Squalicum Pier. MOTION CARRIED 7-0. 24221 3. Contract Award to Boss Construction for Little Squalicum Park Pier Improvements, p. 162 Bid #46B-2024 Nicole Oliver, Parks and Recreation Director, and Gina Austin, Parks Project Engineer, provided a summary of the Little Squalicum Park Pier Improvement Project. The project includes new pedestrian wood guardrails, new grating over the existing decking to make the pier accessible for City of Bellingham Regular City Council Meeting Page 5 of 8 8/26/2024 Minutes all, and new pedestrian lighting that is powered entirely by solar and wind. Council Members discussed the project and asked questions. Edwin H. "Skip" Williams / Michael Lilliquist moved to award contract No. 46B-2024 for the Little Squalicum Park Pier Improvements Project to Boss Construction as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid, $1,612,702.90, which includes any applicable WSST. MOTION CARRIED 7-0. Committee Of The Whole 2:20 PM Daniel Hammill, Chair Hannah Stone, Hollie Huthman, Edwin H. "Skip" Williams, Lisa Anderson, Michael Lilliquist, Jace Cotton 24222 1. An Ordinance Amending the 2023-2024 Biennial Budget - Amendment No. 14 p. 187 Andy Asbjornsen, Finance Director, presented the ordinance amending the 2023-2024 Biennial Budget - Amendment 14. The ordinance adds $600,000 to the Transportation Fund for sidewalk improvements for Western Washington University's House of Healing project at the Sehome Arboretum. Council Members discussed the ordinance and asked questions. Daniel Hammill / Edwin H. "Skip" Williams moved for first and second reading. MOTION CARRIED 7-0. 24223 2. Budget 101 Presentation p. 191 Andy Asbjornsen, Finance Director, presented a high-level overview of the City's budget process and policies, the City's fund structure, and revenue streams that support governmental services within the General Fund. Council Members discussed the presentation and asked questions. The presentation is available here. 3. Old/New Business There were no discussion items for Old/New Business. Executive Session 3:00 PM Closed to the public. Report in the Regular Meeting only: 1. Litigation: Ghanbari v. Bellingham et al. (Good, approx. 5 min.) Staff provided information on a litigation matter. Hollie Huthman / Jace Cotton moved to authorize the Mayor to enter into a settlement agreement with the following terms: dismissal of the lawsuit and resolution of all claims related thereto for payment to the plaintiff of $225,000.00. City of Bellingham Regular City Council Meeting Page 6 of 8 8/26/2024 Minutes MOTION CARRIED 7-0. 2. Litigation: Langton v. Bellingham et al. (Good, approx. 10 min.) Staff provided information on a litigation matter. Lisa Anderson / Edwin H. "Skip" Williams moved to authorize the Mayor to retain Seamark Law Group to represent former Police Lieutenant Chad Cristelli in the pending litigation. MOTION CARRIED 7-0. 3. Labor Relations: Discuss Collective Bargaining Strategy (Sullivan, approx. 10 min.) Staff provided information on a labor relations matter. For information and discussion. No action taken. 4. Potential Litigation (Marriner, approx. 20 min.) Staff provided information on a potential litigation 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. 24224 1. Interlocal Agreement with United States Geologic Survey for Water Resource p. 192 Investigations (Stream Gauge Monitoring) 24225 2. Interlocal Agreement for Technical Support Provided by ICOM 911 p. 197 24226 3. Authorization of A/P Transactions Issued August 02, 2024 through August 08, 2024 p. 203 24227 4. Authorization of A/P Transactions Issued August 09, 2024 through August 15, 2024 p. 204 24228 5. Authorization of Payroll Labor Cost Payments Dated July 16, 2024 to July 31, 2024 p. 205 24229 6. Approval of the 8/12/24 City Council Committee and Regular Meeting Minutes p. 206 Edwin H. "Skip" Williams / Hollie Huthman moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Public Comment Period City Council heard public comments from 20 individuals. To access the recording visit, Public Comment Period Recordings - City of Bellingham (cob.org). City of Bellingham Regular City Council Meeting Page 7 of 8 8/26/2024 Minutes Adjournment There being no further business, the meeting adjourned at 8:43pm. Daniel Hammill, Council President ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 9/16/2024 City of Bellingham Regular City Council Meeting Page 8 of 8 8/26/2024 Minutes

Agenda

City of Bellingham City Council Regular Meeting Agenda August 26, 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 Weller 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. Upcoming Special Council Meeting: Growth Management Coordination Workgroup On August 29, 2024, the City Council will hold a Special Meeting to discuss growth management and comprehensive plans with other elected officials of jurisdictions across Whatcom County. The meeting will be held at 1:00 PM at the Lynden City Hall Annex and will focus on the topics of urban growth area planning, industrial growth, and agricultural planning. More information can be found at meetings.cob.org. Roll Call Public Hearing 24211 1. Public Hearing on Resolution Authorizing the Relinquishment of Surplus Utility p. 6 Easements Encumbering the Roosevelt Elementary School Property at 2900 Yew Street 24212 2. Public Hearing on Resolution Authorizing the Relinquishment of a Public Utility p. 24 Easement Located within Vacated Bennett Avenue that is Surplus to the City's Needs Mayor's Report Standing time for briefings, updates, and reports to Council by the Mayor. 24213 1. Mayor's Reappointment to the Community Development Advisory Board p. 37 (Information) 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: Public Works and Natural Resources 11:00 AM Hannah Stone, Chair Lisa Anderson, Michael Lilliquist 24214 1. Contract Award for the Neighborhood Overlays (ES559) Bid #53B-2024 p. 40 24215 2. A Resolution of the City of Bellingham Adopting a Revised Rate Schedule to Add a p. 57 Bike Locker User Fee Public Health, Safety, Justice, and Equity 1:00 PM Hollie Huthman, Chair Hannah Stone, Edwin H. "Skip" Williams 24216 1. Interlocal Agreement for First Response Emergency Medical Services p. 76 Community and Economic Development 1:10 PM Jace Cotton, Chair Hannah Stone, Hollie Huthman 24217 1. Amending Interlocal Agreement between Whatcom County and the City of p. 94 Bellingham to Operate Interim Shower Program 24218 2. Modification to the Housing Levy Administrative and Financial Plan for Low-Income p. 114 Homebuyer Assistance Parks and Recreation 1:45 PM Edwin H. "Skip" Williams, Chair Hollie Huthman, Jace Cotton 24219 1. An Ordinance Accepting the Donation of Real Property to the City of Bellingham Parks p. 126 and Recreation Department from David and Carol Robinson 24220 2. Naming of the Pier at Little Squalicum Park p. 132 24221 3. Contract Award to Boss Construction for Little Squalicum Park Pier Improvements, p. 162 Bid #46B-2024 Committee Of The Whole 2:20 PM Daniel Hammill, Chair Hannah Stone, Hollie Huthman, Edwin H. "Skip" Williams, Lisa Anderson, Michael Lilliquist, Jace Cotton 24222 1. An Ordinance Amending the 2023-2024 Biennial Budget - Amendment No. 14 p. 187 24223 2. Budget 101 Presentation p. 191 3. Old/New Business Executive Session 3:00 PM Closed to the public. Report in the Regular Meeting only: 1. Litigation: Ghanbari v. Bellingham et al. (Good, approx. 5 min.) 2. Litigation: Langton v. Bellingham et al. (Good, approx. 10 mn.) 3. Labor Relations: Discuss Collective Bargaining Strategy (Sullivan, approx. 10 min.) 4. Potential Litigation (Marriner, approx. 20 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. 24224 1. Interlocal Agreement with United States Geologic Survey for Water Resource p. 192 Investigations (Stream Gauge Monitoring) 24225 2. Interlocal Agreement for Technical Support Provided by ICOM 911 p. 197 24226 3. Authorization of A/P Transactions Issued August 02, 2024 through August 08, 2024 p. 203 24227 4. Authorization of A/P Transactions Issued August 09, 2024 through August 15, 2024 p. 204 24228 5. Authorization of Payroll Labor Cost Payments Dated July 16, 2024 to July 31, 2024 p. 205 24229 6. Approval of the 8/12/24 City Council Committee and Regular Meeting Minutes p. 206 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, September 16, 2024

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