Work in Progress: Searchable 2023 Bellingham City Council Committee of the Whole meeting minutes / Noisy Waters Northwest

May 30, 2023 Dena Jensen

In this post – which will be a work in progress during the course of this year – you’ll find the content of Bellingham City Council’s Committee of the Whole meeting minutes that have been approved so far for 2023, here in one place. This allows folks to search on things like key words, topics, dates, public hearings, and people’s names. For each meeting date, a link is also provided near the top of that edition of minutes to access media associated with that particular meeting.

Meanwhile, both the City of Bellingham and Whatcom County websites offer a search function that will search the content for all meetings, including documents attached to the meetings. When I tried those options out, I found that there were advantages (the links to documents and other meeting materials that you might not have thought to look for) and drawbacks (slower result response times and maybe more info/distractions than you want, or the opposite: missed info that searches on my posts might manage to catch.) So if you can’t find what you’re looking for here, go there, and vice versa.

Here are the links for those options:

City of Bellingham: https://meetings.cob.org/meetings?fbclid=IwAR1pKVHTcjG9s6U-qaomvivQJxu74i3PVa8fYNbsLMxHlPypWhC82Sz70lA

Whatcom County: https://whatcom.legistar.com/Calendar.aspx?fbclid=IwAR2vtIEDKYL9p9u45RXEMEG8bY6cBcyNfbMeO6MvzQ99JblsKv2Clr_hLNo

Here is a link to a new page on Noisy Waters Northwest that provides links to all the years of searchable meeting minutes I have posted so far: https://noisywatersnw.com/searchable-minutes/

This post continues to build on a project of assembling local government meeting minutes into year-long batches that can be searched for material like a topic, presentation, person in attendance, or actions of the members of the body that is meeting.

This election year there are lots of Whatcom County and municipal positions to be filled. So it seems like a good time to make the resources we have to observe existing government officials’ positions and actions more easily accessible and effectively useful, when possible.

Holding down both the Control and F keys on a Windows computer keyboard at the same time, or holding down both the Command and F keys on an Apple computer keyboard at the same time, should give people a search field to enter words and phrases to look for.

The meeting minutes of regular Council meetings also reflect topics of discussion for committee meetings throughout the day before the regular meeting, so people can seek out video from those committee meetings that haven’t been shared here yet, to view more extensive Council Member discussion and staff presentations. Meanwhile, I will be working on posting searchable years of committee meetings. I will be starting with Committee of the Whole meetings for 2021 and 2022.

Here is the link to the Bellingham City Council Meetings webpage where you can find more information related to City Council and committee meetings: https://meetings.cob.org/

Here is the link to the Whatcom County Council Meeting Information webpage, where you can find more information related to County Council and committee meetings: https://whatcom.legistar.com/Calendar.aspx

Work in Progress: Searchable 2023 Bellingham City Council Committee of the Whole meeting minutes

City of Bellingham

Committee Of The Whole Minutes January 9, 2023, 1:00 PM

[ https://meetings.cob.org/Meetings/ViewMeeting?id=2854&doctype=2 ]

Mayor: Seth Fleetwood

Council Members: Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Michael Lilliquist and Kristina Michele Martens

Call to Order

Contact: (360) 778-8100, mayorsoffice@cob.org

Contact: (360) 778-8200, ccmail@cob.org https://cob.org/council

All meetings are held in the City Hall Council Chambers at 210 Lottie Street, Bellingham, WA, unless otherwise noted.

Council President Michael Lilliquist called the meeting to order at 1pm.

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

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.

Please be advised that if the City Council is ahead of schedule, they may start with old/new business before the official Committee of the Whole meeting time.

23587 1. Mayor’s Reappointment of Sharon Rice as the Hearing Examiner for the City of Bellingham

p. 3

Alan Marriner, City Attorney, presented the contract to reappoint Sharon Rice as the City’s Hearing Examiner for her fourth term.

Committee Of The Whole Minutes Page 1 January 9, 2023

23588

Edwin H. “Skip” Williams / Kristina Michele Martens moved to recommend reappointment of Sharon Rice as the City’s Hearing Examiner, with the new term expiring January 27, 2025.

MOTION CARRIED 7-0.

2. Bellingham Police Department Security Upgrades Bid Award, Project #63B-2022

p. 10

23596

The City received three bids, which were publicly opened on November 29, 2022, for the Bellingham Police Department Security Upgrades Project.

Daniel Hammill / Edwin H. “Skip” Williams moved to recommend approval of Award BID 63B-2022 to Colacurcio Brothers, Inc for the Bellingham Police Department Security Upgrades Project.

MOTION CARRIED 7-0.

3. Memorandum of Understanding with North Sound Behavioral Health p. 15 Administrative Services

Brian Heinrich, Deputy Administrator, presented on the agreement with North Sound Region participating local governments and the North Sound Behavioral Health Administrative Services organization. The agreement will create the Opioid Abatement Council (OAC) to ensure compliance with the provisions of the settlement between the State of Washington and local jurisdictions in their lawsuits against the three largest pharmaceutical distributors of opioids in the nation.

Lisa Anderson / Hollie Huthman moved to recommend approval of the Memorandum of Understanding between the North Sound Region participating local governments and the North Sound Behavioral Health Administrative Services organization.

MOTION CARRIED 7-0.

4. Approval of City Council Committee and Regular Meeting Minutes p. 20

Kristina Michele Martens / Edwin H. “Skip” Williams moved to recommend approval of the December 12, 2022 City Council meeting minutes.

MOTION CARRIED 7-0.

23597

Old/New Business

Committee Of The Whole Minutes Page 2 January 9, 2023

Council Member Hammill would like to hold a conversation in the Public Health, Safety and Justice Committee on emerging behavioral health trends and include Malora Christiansen, Whatcom County Response Systems Manager. Council Member Anderson requested inclusion of first responders and law enforcement on how to manage exposure to fentanyl.

Council moved into Executive Session at 1:20pm to discuss four items.

1. Litigation: Bornstein Seafoods, Inc v. City of Bellingham and Port of Bellingham

2. Labor Relations: Review Contract Proposal for Teamsters Local 231

3. Labor Relations: Review Contract Proposal for AFSCME 114 L

4. Litigation: Eldard v. City of Bellingham et. al.

Adjournment

There being no further business, the meeting adjourned at 1:14pm.

Committee Of The Whole Minutes January 9, 2023

Page 3

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City of Bellingham

Committee Of The Whole Minutes January 23, 2023, 2:00 PM

[ https://meetings.cob.org/Meetings/ViewMeeting?id=2855&doctype=2 ]

Mayor: Seth Fleetwood

Council Members: Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Michael Lilliquist and Kristina Michele Martens

Call to Order

Contact: (360) 778-8100, mayorsoffice@cob.org

Contact: (360) 778-8200, ccmail@cob.org https://cob.org/council

All meetings are held in the City Hall Council Chambers at 210 Lottie Street, Bellingham, WA, unless otherwise noted.

President Lilliquist called the Committee of the Whole meeting to order at 2:02pm.

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

Council Standing Committee Meetings:

Please be advised that if the City Council is ahead of schedule, they may start with old/new business before the official Committee of the Whole meeting time.

23605 1. Discussion of City Council Response to Stakeholder Advisory p. 3 Committee Recommendations

President Lilliquist and Council Member Hammill discussed a draft letter from the City Council to the County Council regarding the Stakeholder Advisory Committee’s (SAC) recent recommendations. They requested members send any feedback and they will present a revised letter at the next Council meeting.

Committee Of The Whole Minutes Page 1 January 23, 2023

23606 2. Approval of City Council Committee and Regular Meeting Minutes p. 14

Approval of the January 9, 2023 Committee of the Whole minutes will be deferred to the February 13, 2023 meeting.

23607 3. Approval of City Council Special Meeting Minutes p. 22

Approval of the January 4, 2023 minutes of the regular Council reorganization meeting was deferred to the Regular evening meeting.

4. Old/New Business

Council Member Huthman and Council Member Hammill expressed concerns about Bellingham Municipal Code (BMC) notification periods for residential rent increases. Council Member Anderson requested additional information about landlords who utilize month to month leases to bypass regulations.

Hollie Huthman / Daniel Hammill moved to direct council staff to work with Planning and Community Development staff to craft a draft ordinance amending BMC 6.12.020 to read that 120 days notice is required for residential rent increases of more than 5% rather than 60 days for 10%.

MOTION CARRIED 7-0.

Council moved into Executive Session at 2:32pm to discuss three items for approximately 30 minutes.

1. Litigation: Eldard v. City of Bellingham et al 2. Litigation: DeBruin et al. v. City of Bellingham 3. Potential Litigation

Adjournment

There being no further business, the meeting adjourned at 2:31pm.

Committee Of The Whole Minutes January 23, 2023

Page 2

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City of Bellingham

Committee Of The Whole Minutes February 13, 2023, 2:10 PM

[ https://meetings.cob.org/Meetings/ViewMeeting?id=2860&doctype=2 ]

Mayor: Seth Fleetwood

Council Members: Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Michael Lilliquist and Kristina Michele Martens

Call to Order

Contact: (360) 778-8100, mayorsoffice@cob.org

Contact: (360) 778-8200, ccmail@cob.org https://cob.org/council

All meetings are held in the City Hall Council Chambers at 210 Lottie Street, Bellingham, WA, unless otherwise noted.

The Committee of the Whole was called to order by President Lilliquist at 2:14pm.

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

Council Standing Committee Meetings:

Please be advised that if the City Council is ahead of schedule, they may start with old/new business before the official Committee of the Whole meeting time.

23605 1. Discussion of City Council Response to Stakeholder Advisory p. 3 Committee Recommendations

President Lilliquist and Council Member Hammill returned with an updated draft letter from the City Council to the County Council regarding the Stakeholder Advisory Committee’s (SAC) recent recommendations. Council discussed the letter and made additional revisions.

Committee Of The Whole Minutes Page 1 February 13, 2023

23623

23624

Hannah Stone / Hollie Huthman moved to revise the draft letter by removing “in any future ballot measure” in the second to last paragraph.

MOTION CARRIED 7-0.

Hollie Huthman / Edwin H. “Skip” Williams moved to revise the final paragraph to, “Therefore, we urge the Whatcom County Council to endorse the full spectrum of SAC recommendations and ensure that any justice proposal presented to voters of Whatcom County and any implementation strategies adopted embody this balanced and comprehensive approach.”

MOTION CARRIED 7-0.

Edwin H. “Skip” Williams / Lisa Anderson moved to recommend approval of the draft letter as amended with the inclusion of the Mayor’s signature.

MOTION CARRIED 7-0.

2. Approval of City Council Committee and Regular Meeting Minutes

Daniel Hammill / Hollie Huthman moved to recommend approval of the January 23, 2023 meeting City Council meeting minutes.

MOTION CARRIED 7-0.

3. Approval of City Council Committee Meeting Minutes

Edwin H. “Skip” Williams / Lisa Anderson moved to recommend approval of the January 9, 2023 Committee of the Whole meeting minutes.

MOTION CARRIED 7-0.

4. Old/New Business

Council Member Martens would like a future discussion on public restrooms across the City. Eric Johnston, Public Works Director, said a proposal will likely come before Council in March 2023. Council Member Anderson would like a map and summary of total facilities across the City.

Council Member Hammill thanked Public Works staff for the tour of the new Pacific Street Operations Building along with Council Members Huthman and Anderson. Council Member Stone shared information about an upcoming dedication ceremony.

Committee Of The Whole Minutes Page 2 February 13, 2023

1. 2. 3. 4. 5. 6. 7.

Adjournment

There being no

Labor Relations: Review Contract Proposal for AFSCME Local 114 Potential Property Acquisition

Potential Litigation: Claim #2022-46

Potential Litigation: Claim #2022-45

Litigation: DeBruin et al. v. City of Bellingham Litigation: Hanlon v. City of Bellingham Potential Litigation

further business, the meeting adjourned at 2:59pm.

President Lilliquist announced a return to open public comment after regular City Council meetings beginning February 27, 2023 for 30 minutes. Individuals can sign-up ahead of time if desired and the discussion will be streamed and recorded via Zoom.

Council moved into Executive Session at 3pm to discuss seven items for approximately 50 minutes.

Committee Of The Whole Minutes February 13, 2023

Page 3

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City of Bellingham

Committee Of The Whole Minutes February 27, 2023, 1:30 PM

[ https://meetings.cob.org/Meetings/ViewMeeting?id=2866&doctype=2 ]

Mayor: Seth Fleetwood

Council Members: Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Michael Lilliquist and Kristina Michele Martens

Call to Order

Contact: (360) 778-8100, mayorsoffice@cob.org

Contact: (360) 778-8200, ccmail@cob.org https://cob.org/council

All meetings are held in the City Hall Council Chambers at 210 Lottie Street, Bellingham, WA, unless otherwise noted.

President Lilliquist called the Committee of the Whole meeting to order at 1:40pm.

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

Council Standing Committee Meetings:

Please be advised that if the City Council is ahead of schedule, they may start with old/new business before the official Committee of the Whole meeting time.

23635

1. Proposed Ordinance Regarding Civil Service; Amending Chapter 3.16 of the Bellingham Municipal Code

Matt Stamps, Senior Assistant City Attorney, presented on the proposed ordinance. The ordinance would amend Chapter 3.16 to acknowledge that Municipal Court employees are no longer included within the City’s Civil Service System and authorizes the appointment of special counsel to serve as legal advisor to the Civil Service Commission.

Committee Of The Whole Minutes Page 1 February 27, 2023

23641

Edwin H. “Skip” Williams / Hollie Huthman moved to recommend approval of the ordinance amending Chapter 3.16 of the Bellingham Municipal Code in order to acknowledge that Municipal Court employees are no longer included within the City’s Civil Service System and authorize the appointment of special counsel to serve as legal advisor to the Civil Service Commission.

MOTION CARRIED 7-0.

2. Agreement Between the Bellingham Police Department and Homeland Security Investigations for Reimbursement of Overtime

Police Chief Mertzig presented on the agreement between the Bellingham Police Department and Homeland Security Investigations for reimbursement of overtime to do a joint operations for retail theft.

Michael Lilliquist / Edwin H. “Skip” Williams moved to amend the agreement between the Bellingham Police Department and Homeland Security Investigations for reimbursement of overtime to do a joint operations for retail theft with the following statement under Section III. “This is not for any immigration enforcement against undocumented people and is for the sole purpose of reimbursement for cost of retail theft operations.”

MOTION AMENDED 7-0 to recommend approval of the agreement between the Bellingham Police Department and Homeland Security Investigations for reimbursement of overtime to do a joint operations for retail theft under the condition that the administration add the following statement under Section III. “This is not for any immigration enforcement against undocumented people and is for the sole purpose of reimbursement for cost of retail theft operations.”

MOTION CARRIED 7-0.

3. Ordinance Amending Rental Agreement Regulations

Blake Lyon, Director of Planning and Community Development, provided a summary of the proposed ordinance which modifies the Rental Agreement Requirements established in Section 6.12.020 of the Bellingham Municipal Code.

Daniel Hammill / Hannah Stone moved to recommend approval of the ordinance relating to notice of rent increase as amended,

WHEREAS, movement between rental units can often require a significant amount of money in order to afford rental deposits, security deposits, pet deposits, moving expenses, utility fees, etc. By requiring notice of 120 days prior to any rental increase

23636

Committee Of The Whole Minutes Page 2 February 27, 2023

23637

greater than 5 percent, the renter would be afforded an opportunity to save the necessary funds needed for the relocation efforts, and

Section 1. BMC 6.12.020

Any rental agreement or renewal of a rental agreement for a residential rental unit in the city of Bellingham entered into after the effective date of this chapter shall include or shall be deemed to include a provision requiring a minimum of 120 days’ prior written notice whenever the periodic or monthly housing costs to be charged a tenant are to increase. by 5 percent or more over the periodic or monthly rental rate charged the same tenant for the same housing unit and same services for any period or month during the preceding 12-month period.

MOTION CARRIED 7-0.

4. Work Session for Consideration of Rental Protection Measures

Blake Lyon, Planning and Community Development Director, and Mark Gardner, Legislative Policy Analyst, presented options for measurers to provide additional rental protections. Council requested additional information and follow-up work sessions on renter protections, licensing, and enforcement.

Daniel Hammill / Lisa Anderson moved to request staff synthesize today’s discussion and return to Council with a prioritization list of work priorities after the legislative session.

MOTION CARRIED 7-0.

5. Review of Fire Department Overtime Costs

During the October 10, 2022 Budget work session, Council requested staff to provide a comprehensive analysis of overtime use in the Fire Department. Fire Chief Bill Hewett presented a summary of the analysis related to overtime trends over the past eight years. Council Member Anderson requested budget information specific to District 8. Council Member Stone requested additional reporting on overtime and staffing needs to Council in the financial quarterly reports.

6. Approval of City Council Committee and Regular Meeting Minutes

Hollie Huthman / Kristina Michele Martens moved to recommend approval of the February 13, 2023 City Council meeting minutes.

MOTION CARRIED 7-0.

23638

23639

Committee Of The Whole Minutes Page 3 February 27, 2023

7. Old/New Business

Council moved into Executive Session at 3:50pm to discuss five items for approximately one hour.

1. Proposed Property Acquisition

2. Proposed Property Acquisition

3. Proposed Property Acquisition

4. Litigation: George v. City of Bellingham 5. Potential Litigation

Adjournment

There being no further business, the meeting adjourned at 3:46pm.

Committee Of The Whole Minutes February 27, 2023

Page 4

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City of Bellingham

Committee Of The Whole Minutes March 13, 2023, 2:50 PM

[ https://meetings.cob.org/Meetings/ViewMeeting?id=2876&doctype=2 ]

Mayor: Seth Fleetwood

Council Members: Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Michael Lilliquist and Kristina Michele Martens

Call to Order

Contact: (360) 778-8100, mayorsoffice@cob.org Contact: (360) 778-8200, ccmail@cob.org https://cob.org/council

Council President Pro Tempore Dan Hammill called the Committee of the Whole meeting to order at 3:08pm.

Roll Call

Present:

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

Excused:

Council President Michael Lilliquist, Sixth Ward

Council Standing Committee Meetings:

Please be advised that if the City Council is ahead of schedule, they may start with old/new business before the official Committee of the Whole meeting time.

23654 1.

Confirmation of Mayor’s Appointment of Ms. Jordan Stephens as Special Counsel to p. 3 the Bellingham Civil Service Commission

City Attorney Alan Marriner and Mayor Fleetwood appointed Jordan Stephens as Special Counsel to the Bellingham Civil Service Commission, subject to confirmation by City Council. Ms. Stephens is an attorney with the Anderson Hunter Law Firm of Everett and chairs the firm’s Municipal Division and Employment Practices Division.

Edwin H. “Skip” Williams / Lisa Anderson moved to recommend approval of Jordan Stephens to serve as Special Counsel to the Bellingham Civil Service Commission.

Committee Of The Whole Minutes Page 1 March 13, 2023

23655 2.

MOTION CARRIED 6-0.

An Ordinance Prohibiting the Use of Controlled Substances in Public Places p. 4

Mayor Fleetwood proposed an ordinance to make it unlawful to use controlled substances in public places by amending and adding a new section to Bellingham Municipal Code 10.08. With this change to the BMC, use of a controlled substance in public would be a misdemeanor and subject to arrest. Council requested additional information and discussion on the ordinance and therapeutic courts.

Lisa Anderson / Hollie Huthman moved to request the administration return to Council to discuss a timeline for implementation of the therapeutic court program, necessary budget and resources for implementation, background on state laws and how they can be enacted locally, and identify additional support for downtown businesses.

MOTION CARRIED 6-0.

Letter in Support of LEAD Program Grant Funding p. 8

The Whatcom County Health Department is applying for an expansion of grant funding for the Law Enforcement Assisted Diversion (LEAD) program through the United States Department of Justice. The grant would extend the grant for an additional three years. The Whatcom County Health Department has requested a letter from the City Council in support of the new grant. The Mayor is also submitting a grant support letter.

Daniel Hammill / Edwin H. “Skip” Williams moved to recommend approval of the LEAD Program Grant funding letter as amended,

“The From the beginning of the program forward, the number of jail bookings for LEAD clients dropped by 50% or more after participating in the program, and in 2022, jail days for LEAD clients dropped by almost 100%.

The Bellingham City Council is fully committed to this critical initiative program that provides essential support to LEAD’s targeted population.”

MOTION CARRIED 6-0.

Approval of City Council Committee and Regular Meeting Minutes p. 11

Edwin H. “Skip” Williams / Lisa Anderson moved to recommend approval of the February 27, 2023 minutes.

MOTION CARRIED 6-0.

23656 3.

23657 4.

Committee Of The Whole Minutes Page 2 March 13, 2023

Old/New Business

Council Member Martens requested a review of discussion time allotments for Council agenda items.

Council moved into Executive Session for approximately 15 minutes.

1. Potential Property Acquisition

2. Potential Property Acquisition

3. Potential Property Acquisition

4. Potential Litigation: Claim #2022-46

5. Labor Relations: Discuss Collective Bargaining Strategy

Adjournment

There being no further business, the meeting adjourned at 5:01pm.

Committee Of The Whole Minutes March 13, 2023

Page 3

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City of Bellingham

Committee Of The Whole Minutes March 27, 2023, 2:00 PM

[ https://meetings.cob.org/Meetings/ViewMeeting?id=2877&doctype=2 ]

Mayor: Seth Fleetwood

Council Members: Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Michael Lilliquist and Kristina Michele Martens

Call to Order

Contact: (360) 778-8100, mayorsoffice@cob.org Contact: (360) 778-8200, ccmail@cob.org https://cob.org/council

Council President Lilliquist called the Committee of the Whole meeting to order at 2:12pm.

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

Council Standing Committee Meetings:

23671 1.

An Ordinance Amending the 2023-2024 Biennial Budget – Amendment No. 1 p. 3

Forrest Longman, Deputy Finance Director, presented the proposed ordinance, which modifies the 2023-2024 Biennial Budget by increasing revenues and expenditures, expanding security staffing at the downtown library, and providing funding for the purchase and installation of two stand-alone restrooms for the downtown core.

Daniel Hammill / Hannah Stone moved to recommend approval of ordinance amendment #1 to the 2023-2024 Biennial Budget.

MOTION CARRIED 7-0.

Committee Of The Whole Minutes Page 1 March 27, 2023

23672

2. A Resolution Suspending the Docket Review of Proposed 2023-2024 Comprehensive p. 8 Plan Amendments Until After the 2025 Bellingham Comprehensive Plan Periodic

Update Period

Chris Behee, Long Range Planning Manager, presented on the proposed resolution. The State Growth Management Act (GMA) (RCW 36.70A) requires the City of Bellingham to review, and if needed, revise the Comprehensive Plan and urban growth areas by June 30, 2025.

Daniel Hammill / Edwin H. “Skip” Williams moved to recommend approval of the resolution suspending the docket review of proposed 2023-2024 comprehensive plan amendments until after the 2025 Bellingham comprehensive plan periodic update.

MOTION CARRIED 7-0.

3. An Ordinance Prohibiting the Use of Controlled Substances in Public Places p. 11

Mayor Fleetwood returned to Council to discuss a proposed ordinance to make it unlawful to use controlled substances in public places.

Hollie Huthman / Lisa Anderson moved to refer the ordinance for additional discussion and review to the Public Health, Safety, and Justice Committee.

MOTION Fail 3-4.

Opposed: Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams

Hannah Stone / Edwin H. “Skip” Williams moved to recommend approval of the ordinance.

Hollie Huthman / Edwin H. “Skip” Williams moved to amend the ordinance by striking the following clauses,

“WHEREAS, state law now requires that persons subject to arrest for possession of a controlled substance be referred to assessment and services in lieu of arrest at least twice before he or she may be arrested; and

WHEREAS, this state requirement has resulted in increased use of controlled substances in public; and”

AMENDMENT CARRIED 7-0.

Hannah Stone / Edwin H. “Skip” Williams moved to recommend approval of the ordinance as amended.

MOTION CARRIED 5-2.

Opposed: Michael Lilliquist, Kristina Michele Martens

23655

Committee Of The Whole Minutes Page 2 March 27, 2023

23676

Lisa Anderson / Michael Lilliquist moved to direct the administration to bring forward to the Public Health Safety, and Justice Committee an interim implementation plan and support service resources prior to the creation of the therapeutic court program and the third and final vote on the ordinance.

MOTION CARRIED 7-0.

4. Approval of City Council Committee and Regular Meeting Minutes p. 15

Lisa Anderson / Daniel Hammill moved to recommend approval of the March 13, 2023 City Council meeting minutes.

MOTION CARRIED 7-0.

5. Old/New Business

Council Member Hammill requested the administration provide information on the Bellingham Fire Department.

Daniel Hammill / Lisa Anderson moved to request the administration to provide information on the Bellingham Fire Department including which fire stations need renovations and improvements and if new fire stations and staff additions are necessary to meet service capacity needs.

MOTION CARRIED 7-0.

Council Member Martens requested an update on the modified language to the Bellingham Police Department and Department of Homeland Security (DHS) contract that was approved at the February 27, 2023 meeting. The City is still waiting on a response from the DHS and will keep Council apprised of any updates.

Council Member Martens inquired about gender neutral bathrooms in City buildings. Council moved into Executive Session at 4:20pm to discuss seven items for approximately 25

minutes.

1. Potential Property Acquisition

2. Potential Property Acquisition

3. Potential Property Acquisition

4. Potential Litigation: Claim No. 2022-19

5. Litigation: Washington State Department of Ecology v. City of Bellingham, Port of

Bellingham and Department of Natural Resources

6. Potential Litigation

7. 7. Litigation: Fox v. City of Bellingham

Adjournment

There being no further business, the meeting adjourned at 4:15pm.

Committee Of The Whole Minutes March 27, 2023

Page 3

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City of Bellingham

Committee Of The Whole Minutes April 10, 2023, 2:00 PM

[ https://meetings.cob.org/Meetings/ViewMeeting?id=2932&doctype=2 ]

Mayor: Seth Fleetwood

Council Members: Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Michael Lilliquist and Kristina Michele Martens

Call to Order

Contact: (360) 778-8100, mayorsoffice@cob.org Contact: (360) 778-8200, ccmail@cob.org https://cob.org/council

Council President Lilliquist called the meeting to order at 3:02pm.

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

Council Standing Committee Meetings:

Please be advised that if the City Council is ahead of schedule, they may start with old/new business before the official Committee of the Whole meeting time.

23686 1.

An Ordinance Amending the 2023-2024 Biennial Budget – Amendment No. 2 p. 3

Mayor Fleetwood, Chief Mertzig, and Forrest Longman, Deputy Finance Director, presented the proposed ordinance, which modifies the 2023-2024 Biennial Budget by adding two police officer positions and shifting two positions budgeted for 2024 into 2023.

Daniel Hammill / Edwin H. “Skip” Williams moved to recommend approval of the ordinance amendment #2 to the 2023-2024 Biennial Budget.

MOTION CARRIED 7-0.

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23687

2. Approval of City Council Committee and Regular Meeting Minutes p. 9

Daniel Hammill / Lisa Anderson moved to recommend approval of the March 27, 2023 meeting minutes.

MOTION CARRIED 7-0.

3. Old/New Business

Council Member Martens requested adding “equity” to the Public Health, Safety, and Justice Committee name.

Kristina Michele Martens / Hannah Stone moved to recommend approval of renaming the Public Health, Safety, and Justice Committee to the Public Health, Safety, Justice, and Equity Committee.

MOTION CARRIED 7-0.

Council moved into Executive Session for approximately 10 minutes.

1. Potential Property Acquisition

2. Potential Property Acquisition

3. Litigation: Fox v. City of Bellingham

Adjournment

There being no further business, the meeting adjourned at 3:19pm.

Committee Of The Whole Minutes April 10, 2023

Page 2

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City of Bellingham

Committee Of The Whole Minutes April 24, 2023, 1:00 PM

[ https://meetings.cob.org/Meetings/ViewMeeting?id=2934&doctype=2 ]

Mayor: Seth Fleetwood

Council Members: Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Michael Lilliquist and Kristina Michele Martens

Call to Order

Contact: (360) 778-8100, mayorsoffice@cob.org Contact: (360) 778-8200, ccmail@cob.org https://cob.org/council

President Lilliquist called the meeting to order at 1:00 pm.

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

Council Standing Committee Meetings:

Please be advised that if the City Council is ahead of schedule, they may start with old/new business before the official Committee of the Whole meeting time.

23694 1.

Annual Update on the Bellingham-Whatcom County Commission on Sexual & p. 3 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.

Committee Of The Whole Minutes Page 1 April 24, 2023

23695 2.

2022 Financial Year End Review p. 9

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.

An Ordinance Amending the 2023-2024 Biennial Budget Reconciling the Differences p. 27 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.

Daniel Hammill / Lisa Anderson moved to recommend approval of the Ordinance Amending the 2023-2024 Biennial Budget Reconciling the Differences Between Estimated 2023 Beginning Reserve Balances and Actual 2023 Reserve Balances.

MOTION CARRIED 7-0.

An Ordinance Amending the 2023-2024 Biennial Budget Increasing Appropriation p. 34 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.

Daniel Hammill / Edwin H. “Skip” Williams moved to recommend approval of an Ordinance Amending the 2023-2024 Biennial Budget Increasing Appropriation Authority in Various Funds to Pay for Goods and Services Authorized in the Previous Biennium.

MOTION CARRIED 7-0.

An Ordinance Amending the 2023-2024 Biennial Budget – Amendment No. 3 p. 44

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

23696 3.

23697 4.

23698 5.

Committee Of The Whole Minutes Page 2 April 24, 2023

23699 6.

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.

Daniel Hammill / Edwin H. “Skip” Williams moved to recommend approval of the Ordinance Amending the 2023-2024 Biennial Budget – Amendment No. 3.

MOTION CARRIED 7-0.

A Resolution Amending the Docket of Bellingham Comprehensive Plan Amendments p. 53 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.

Daniel Hammill / Edwin H. “Skip” Williams moved to recommend approval of the resolution Amending the Docket of Bellingham Comprehensive Plan Amendments to be Reviewed in 2022- 2023 Comprehensive Plan Amendment Cycle

MOTION CARRIED 7-0.

Work Session #3 for Consideration of Two Alternatives for Revisions to Bellingham’s p. 59 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.

Lisa Anderson / Hannah Stone moved to move forward with option one as outlined in the staff memo and to request that staff come back to Committee of the Whole with an ordinance at a later date.

MOTION CARRIED 7-0.

Update on Rental Registration and Safety Inspection Program p. 93

23622 7.

23700 8.

Committee Of The Whole Minutes Page 3 April 24, 2023

23701 9.

MOTION CARRIED 7-0.

Approval of Special City Council Meeting Minutes

Edwin H. “Skip” Williams / Hollie Huthman moved to recommend approval moved to recommend approval of the March 29, 2023 Special Meeting Minutes.

MOTION CARRIED 7-0.

p. 108

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. Nabbefeld 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.

Daniel Hammill / Lisa Anderson moved to request that staff come back to Committee of the Whole at a later date with recommendations on improvements that can be made along with associated costs.

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 Michael Lilliquist thanked to all those who organized and participated in the City’s Earth Day event.

Council President Michael 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.

Michael Lilliquist / Edwin H. “Skip” Williams moved to direct staff to investigate the legality of landlords giving notice of termination of lease with 60 days notice and giving tenants the option of entering a new lease at a higher rent rather than giving tenants 120 days notice of rent increase.

MOTION CARRIED 7-0.

Committee Of The Whole Minutes Page 4 April 24, 2023

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.

Adjournment

There being no further business, the meeting adjourned at 3:05 pm.

Committee Of The Whole Minutes Page 5 April 24, 2023

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City of Bellingham

Committee Of The Whole Minutes May 8, 2023, 3:20 PM

[ https://meetings.cob.org/Meetings/ViewMeeting?id=2936&doctype=2 ]

Mayor: Seth Fleetwood

Council Members: Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Michael Lilliquist and Kristina Michele Martens

Call to Order

Contact: (360) 778-8100, mayorsoffice@cob.org Contact: (360) 778-8200, ccmail@cob.org https://cob.org/council

President Lilliquist called the meeting to order at 3:49 pm.

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

Council Standing Committee Meetings:

Please be advised that if the City Council is ahead of schedule, they may start with old/new business before the official Committee of the Whole meeting time.

23713 1.

Comprehensive Plan Periodic Update Overview p. 3

Blake Lyons, Planning and Community Development Director, Chris Behee, Long Range Planning Manager, and Elizabeth Erickson, Senior Planner, provided an overview of the Comprehensive Plan Periodic Update process that will take place between mid-2023 and mid-2025. Erickson presented a summary of the Comprehensive Plan process, what past periodic updates have looked like, background information, and drivers of change for upcoming work. Behee went into further detail on recent updates, themes of change for the upcoming update, and engagement strategies. Staff will return to Council to launch the project this summer. Staff responded to Council Member questions.

Committee Of The Whole Minutes Page 1 May 8, 2023

23714 2.

Council Member Anderson requested a work session or presentation for Council Members who have not gone through an update in the past to explain the process in-depth and go through terms and definitions. Lyons agreed that that would be useful and something his staff could provide. Council President Lilliquist suggested that the Association of Washington Cities would also have learning opportunities.

Approval of City Council Committee and Regular Meeting Minutes p. 17

Hollie Huthman / Lisa Anderson moved to recommend approval of the April 10, 2023 meeting minutes.

MOTION CARRIED 7-0.

Old/New Business

There being no further business, the meeting adjourned at 4:19 pm.

Adjournment

Committee Of The Whole Minutes May 8, 2023

Page 2

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City of Bellingham

Committee Of The Whole Minutes May 22, 2023, 1:30 PM

[https://meetings.cob.org/Documents/DownloadFileBytes/Committee_Of_The_Whole_2937_Minutes_5_22_2023_1_30_00_PM.pdf?documentType=2&meetingId=2937 ]

Mayor: Seth Fleetwood

Council Members: Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Michael Lilliquist and Kristina Michele Martens

Call to Order

Contact: (360) 778-8100, mayorsoffice@cob.org Contact: (360) 778-8200, ccmail@cob.org https://cob.org/council

President Lilliquist called the meeting to order at 1:34pm.

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

Council Standing Committee Meetings:

23722 1.

An Ordinance Amending the 2023-2024 Biennial Budget – Amendment No. 4 p. 3

Council Member Martens introduced the ordinance to hire a part-time intern for the City Council focusing specifically on food deserts.

Edwin H. “Skip” Williams / Hollie Huthman moved to recommend approval of the ordinance amending the 2023-2024 Biennial Budget – Amendment No. 4.

MOTION CARRIED 7-0.

An Ordinance Adopting the 2021 International Fire Code with Local Amendments p. 7

Shawn Linville, City Fire Marshal/Division Chief of Life Safety, presented an overview of the proposed ordinance, which adopts the 2021 International Fire Code (as amended by the State) and

23723 2.

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23724

local amendments contained in Bellingham Municipal Code Chapter 17.20. Proposed local amendments are recommended for adoption effective July 1, 2023 to align with the State’s fire code implementation date.

Daniel Hammill / Lisa Anderson moved to recommend approval of the ordinance to adopt the 2023 International Fire Code with local amendments.

MOTION CARRIED 7-0.

3. Adoption of the 2021 Washington State Building Code with Local Amendments p. 14

Sean Angeley, PCDD Building Official, and Kurt Nabbefeld, Planning Development Services Manager, presented on the proposed ordinance to adopt the 2023 Washington State building code. The Washington State Building Code is mostly comprised of national model codes that are adopted by reference and amended at the state level. Because the various codes that comprise the State Building Code have been revised and updated, the City must amend its building code to adopt those revisions. Council Members discussed and asked questions.

Daniel Hammill / Edwin H. “Skip” Williams moved to recommend approval of the ordinance to amend the Bellingham Municipal Code (BMC) 17.10 to adopt the 2023 Washington State building code with local amendments.

MOTION CARRIED 7-0.

4. Approval of 4/24/2023 City Council Committee and Regular Meeting Minutes p. 55

Edwin H. “Skip” Williams / Daniel Hammill moved to recommend approval of the April 24, 2023 and May 8, 2023 meeting minutes.

MOTION CARRIED 7-0.

5. Approval of 5/8/2023 City Council Committee and Regular Meeting Minutes p. 75

See above motion.

6. Old/New Business

Council Hammill expressed a desire for a resolution from the City to affirm its values regarding a forthcoming Implementation Plan proposed by the Whatcom County Stakeholder Advisory Committee. Mayor Fleetwood will return to discuss a resolution at the June 5th meeting.

Daniel Hammill / Edwin H. “Skip” Williams moved to review the Implementation Plan proposed by the Whatcom County Stakeholder Advisory Committee and consider a resolution affirming the City’s values with regard to the use of the proposed public safety tax.

MOTION CARRIED 7-0.

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23726

Committee Of The Whole Minutes Page 2 May 22, 2023

Council Member Martens requested information from the Planning and Community Development Department regarding the rent subsidy that will be expiring in June for Eleanor Apartment residents.

Council moved into Executive Session at 1:58pm to discuss one item for approximately 25 minutes. 1. Litigation: Schreib v. State of Washington et al.

Adjournment

There being no further business, the meeting adjourned at 1:56pm.

Committee Of The Whole Minutes Page 3 May 22, 2023

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City of Bellingham

Committee Of The Whole Minutes June 5, 2023, 1:00 PM

[https://meetings.cob.org/Documents/DownloadFileBytes/Committee_Of_The_Whole_2938_Minutes_6_5_2023_1_00_00_PM.pdf?documentType=2&meetingId=2938 ]

Mayor: Seth Fleetwood

Council Members: Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Michael Lilliquist and Kristina Michele Martens

Call to Order

President Lilliquist called the meeting to order at 1pm.

Roll Call

Present:

Contact: (360) 778-8100, mayorsoffice@cob.org Contact: (360) 778-8200, ccmail@cob.org https://cob.org/council

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 Lisa Anderson, Fifth Ward

Council Member Kristina Michele Martens, At Large

Excused:

Council Member Edwin H. “Skip” Williams, Fourth Ward

Council Standing Committee Meetings:

Please be advised that if the City Council is ahead of schedule, they may start with old/new business before the official Committee of the Whole meeting time.

23737 1.

Community Crosswalk Pilot and Program Development p. 3

Eric Johnston, Public Works Director, welcomed Joel Pfundt, the new Public Works Assistant Director of Transportation, to the City.

The City currently allows neighborhood associations to paint murals at intersections on low volume residential streets following a review by the Arts Commission. Mayor Fleetwood requested staff to consider expanding use of this practice, including applications to crosswalks. Staff are recommending a pilot installation at a crosswalk on Cornwall in June 2023. The resolution also requests the Transportation Commission to recommend a policy related to future installations of

Committee Of The Whole Minutes Page 1 June 5, 2023

23739 3.

crosswalk art and intersection murals. Alan Marriner, City Attorney, and James Erb, Deputy City Attorney, advised on the topic of government speech compared to first amendment speech and the possibility of other groups requesting similar art installations. Council Members discussed and asked questions.

Daniel Hammill / Hollie Huthman moved to recommend approval of the resolution authorizing a pilot crosswalk art installation and development of a formal policy for future installations.

MOTION CARRIED 6-0.

Justice Project Ballot Measure and Resolution of Values p. 14

Brian Heinrich, Deputy Administrator, shared that the Whatcom County Council will seek voter approval for an additional county-wide sales tax of 0.2% (commonly referred to as a Public Safety Tax) in November 2023, to fund a new correctional facility, behavioral health programs, and related services. As part of this process, City representatives participated in the Stakeholder Advisory Committee discussions and recommendations as well as the Implementation Plan development based on those recommendations. At the last meeting, City Council directed the administration to draft a resolution affirming the City’s values as they relate to the County’s work.

Mr. Heinrich shared that the County is receiving public feedback until June 11th and suggested the Council author a letter to the County to communicate their feedback on the Implementation Plan. Council Members discussed the resolution and proposed modifications, as well as potential content for the proposed letter to the County.

Hannah Stone / Lisa Anderson moved to recommend approval of the resolution affirming the City of Bellingham values with regard to the proposed ballot issues authorizing the collection of a local sales and use tax of two tenths of one percent for the purpose of providing funds for costs associated with public health, safety, and justice facilities and services, including behavioral health, housing, public safety, and criminal justice facilities and programs.

Hannah Stone / Lisa Anderson moved to amend the resolution by shifting the final two Whereas clauses,

WHEREAS, the Bellingham City Council requests the Mayor to work with Whatcom County and the other Whatcom County cities to enter into a long-term agreement that acknowledges that all tax proceeds will be used for the mutually beneficial public health, justice, and safety facilities and services outlined in the Whatcom County Justice Project Needs Assessment Report and includes a fair and equitable sharing of revenue that prioritizes the bonding for the construction costs of the jail and behavioral health facilities and, recognizes the County and cities goal to allow the public safety tax allocation to be consistent with RCW 82.14.450(6) as soon as reasonably possible; and

WHEREAS, the Bellingham City Council requests that the long-term agreement with the Whatcom County and the Whatcom County cities includes the development of a Finance and Operations Advisory Board to discuss matters and make recommendations related to collection of the sales and use tax, coordinate with the IPRTF/LJC ion the monitoring and progress of implementing the

Committee Of The Whole Minutes Page 2 June 5, 2023

projects in the Justice Projects Needs Assessment report, and make recommendations on the finances and operations of the behavioral health, housing and correctional facilities; and

To the “Now Therefore” section as items 4 and 5.

AMENDMENT CARRIED 6-0.

Michael Lilliquist / Lisa Anderson moved to amend the resolution with the following changes,

 4th Whereas – the Grace acronym is incorrect: Change from “Ground-level Response and Coordinated Exchange” to Ground-level Response and Coordinated Engagement”

 5th Whereas – insert “to” between “related” and “public health”

 17th Whereas – change “IPTF” to “IPRTF”

 18th Whereas – The recommendations in the implementation plan have changed

significantly. The new version was updated and posted to the County website on 5/31, but it looks like the list in the resolution was based on an earlier version. The new list is summarized on pages 6 and 7 of the implementation plan and includes:

o Ensure Oversight, Accountability, and Transparency;

o Increase Access to Behavioral Health Services;

o Build the Array of Facilities Needed to Promote Public Safety and Health

o Expand the Capacity of Programs to Reduce Incarceration/Re-incarceration o Make Systems Changes with Local, Regional, and State partners

 20th Whereas – change “ion” to “in”

 Now Therefore section

o Change “human” to “humane”

o Change “Incarceration and Recidivism Reduction Task Force” to “Incarceration

Prevention and Reduction Task Force” AMENDMENT CARRIED 6-0.

Michael Lilliquist / Lisa Anderson moved to amend item 3 under “Now Therefore” section to,

“That the City Council urges Whatcom County Council that in any sales and use tax to provide funding for public health, safety, and justice facilities and services should include support for a balanced range of behavioral health, housing, and correctional facilities and programs.”

Kristina Michele Martens / Michael Lilliquist moved to amend the motion to also change the title of the resolution to reflect President Lilliquist’s changes by striking “authorizing the collection of a local sales and use tax of two tenths of one percent”, reflected as,

“Resolution affirming the City of Bellingham values with regard to the proposed ballot issues authorizing the collection of a local sales and use tax of two tenths of one percent for the purpose of providing funds for costs associated with public, health, safety, and justice facilities and services, including behavioral health, housing, public safety, and criminal justice facilities and programs.”

Committee Of The Whole Minutes Page 3 June 5, 2023

23738 2.

AMENDMENT TO AMENDMENT CARRIED 6-0. ORIGINAL AMENDMENT CARRIED 6-0.

Hannah Stone moved to amend item 2 in the “Now Therefore” section to,

“That the City of Bellingham supports the Stakeholder Advisory Committee and the work of the Incarceration and Recidivism Reduction Task Force and its recommendations as well as the Justice Projects Needs Assessment Implementation Plan.”

The motion failed to receive a second.

Hollie Huthman / Daniel Hammill moved to table the resolution until the June 26, 2023 meeting. MOTION TO TABLE ORIGINAL MOTION CARRIED 6-0.

Lisa Anderson / Kristina Michele Martens moved to recommend that Council President Lilliquist write a letter with Council Member Hammill to be sent by June 11th to the Whatcom County Council with feedback on the Justice Project Implementation Plan.

MOTION CARRIED 6-0.

An Ordinance Amending the 2023-2024 Biennial Budget – Amendment No. 5 p. 9

Forrest Longman, Deputy Finance Director, introduced the ordinance, which amends the 2023- 2024 Biennial Budget by adding an accountant position in the Finance Department and recognizing revenues and expenditures related to a grant for the Old City Hall Building Envelope project.

Daniel Hammill / Hollie Huthman moved to recommend approval of the ordinance amending the 2023-2024 Biennial Budget – Amendment No.5.

MOTION CARRIED 6-0.

Adoption of the 2024-2029 Transportation Improvement Program (TIP) p. 77

On May 22, Council held a public hearing on the 2024-2029 Transportation Improvement Program (TIP). Eric Johnston, Public Works Director, and Chad Schulhauser, Assistant Public Works Director, returned to address Council questions from the public hearing. The draft TIP resolution includes projects to repair and resurface roadways, construct new bicycle and pedestrian facilities, replace bridges, ameliorate operations at intersections, facilitate movement of freight, enhance transit use, and implement strategies identified in the Climate Action Plan.

Daniel Hammill / Lisa Anderson moved to recommend approval of the resolution adopting the 2024-2029 Transportation Improvement Program.

MOTION CARRIED 6-0.

23740 4.

Committee Of The Whole Minutes Page 4 June 5, 2023

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5. Washington State 2023 Legislative Session Housing Recap p. 118

Blake Lyon, Director of Planning and Community Development, provided an overview of the recent 2023 Washington State legislative session and impacts on the Bellingham community. Council Members discussed and asked questions. The Department will return to Council for future discussion on Accessory Dwelling Units and impacts of the state laws.

6. Approval of 5/22/2023 City Council Committee and Regular Meeting Minutes p. 121

Daniel Hammill / Hollie Huthman moved to recommend approval of the May 22, 2023 meeting minutes.

MOTION CARRIED 6-0.

7. Old/New Business

There were no discussion items for old/new business.

Council moved into Executive Session at 4pm to discuss seven items for approximately 35 minutes.

1. Potential Litigation and Litigation

2. Potential Property Acquisition

3. Schreib v. State of Washington et al.

4. Labor Relations: Review Contract Proposal for What-Comm Dispatchers Guild

5. Potential Property Acquisition

6. Potential Property Acquisition

7. Potential Property Acquisition

23748

Adjournment

There being no further business, the meeting adjourned at 3:53pm.

Committee Of The Whole Minutes June 5, 2023

Page 5

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City of Bellingham

Committee Of The Whole Minutes June 26, 2023, 2:00 PM

[ https://meetings.cob.org/Documents/DownloadFileBytes/Committee_Of_The_Whole_2939_Minutes_6_26_2023_2_00_00_PM.pdf?documentType=2&meetingId=2939 ]

Mayor: Seth Fleetwood

Council Members: Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Michael Lilliquist and Kristina Michele Martens

Call to Order

Contact: (360) 778-8100, mayorsoffice@cob.org Contact: (360) 778-8200, ccmail@cob.org https://cob.org/council

Council President Pro Tem Dan Hammill called the meeting to order at 2:26pm.

Roll Call

Present:

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

Excused:

Council President Michael Lilliquist, Sixth Ward

Council Standing Committee Meetings:

23758 1.

A Resolution Agreeing to a Schedule for Joint County and City Review of Urban p. 3 Growth Areas

Chris Behee, Long Range Planning Manager, introduced the resolution to establish a draft schedule for coordination of the Urban Growth Areas review. The Growth Management Act (GMA) indicates that county and city comprehensive plans must be coordinated and consistent (RCW 36.70A.100). The GMA also requires that Whatcom County, in conjunction with the cities, complete the urban growth area (UGA) review by June 2025 (RCW 36.70A.130).

Hollie Huthman / Edwin H. “Skip” Williams moved to recommend approval of resolution agreeing to a schedule for Joint County and City Review of Urban Growth Areas.

MOTION CARRIED 6-0.

Committee Of The Whole Minutes Page 1 June 26, 2023

23739 2.

A Resolution Affirming the City of Bellingham Values with Regard to the Proposed p. 30 Ballot Measure for the Purpose of Providing Funds for Costs of Public Health, Safety

and Justice Facilities and Services, Including Behavioral Health, Housing, Public

Safety, and Criminal Justice Facilities and Programs

Mayor Fleetwood spoke in support of a resolution affirming the City’s values as they relate to the County’s ongoing efforts to plan for and construct new correctional and behavioral health facilities, and to expand behavioral health services and related programs, and a letter addressed to the Whatcom County Council and Whatcom County Executive thanking them for improvements to the Justice Project Implementation Plan based upon the City’s June 9, 2023 letter.

Hollie Huthman / Edwin H. “Skip” Williams moved to recommend approval of a resolution affirming the City of Bellingham values with regard to the proposed ballot measure for the purpose of providing funds for costs of public health, safety and justice facilities and services, including behavioral health, housing, public safety, and criminal justice facilities and programs.

MOTION CARRIED 6-0.

Hollie Huthman / Edwin H. “Skip” Williams moved to recommend approval of the letter to the Whatcom County Council and Whatcom County Executive from the City Council President Pro Tem and Mayor Fleetwood expressing gratitude for improvements to the Justice Project Implementation Plan.

MOTION CARRIED 6-0.

Presentation on Washington State’s New Drug Laws p. 106

Ryan Anderson, City’s Lead Prosecutor, presented on the Washington State Legislature’s long-term replacement for the laws addressing drug possession and use (the “Blake” fix). Provisions of the new laws take effect July 1, 2023. The new laws make knowing possession and use of prohibited substances in a public place gross misdemeanors. Bellingham Municipal Court has jurisdiction over misdemeanor and gross misdemeanor offenses occurring within the City limits of Bellingham. In order to enforce and prosecute these offenses in Bellingham Municipal Court, the new laws must be adopted by reference into the Bellingham Municipal Code. The City must decide if violations of these laws will be enforced and processed in the City of Bellingham Municipal Court System.

Mayor Fleetwood, Chief Mertzig, and the City Attorney’s Office recommend adopting by reference the relevant state drug laws which make knowing drug possession and use in public gross misdemeanor offenses and provides for both pre and post charging diversion options. Council requested the administration return for additional discussion of State Senate Bill 5536 at the next Committee of the Whole work session for consideration to adopt the state legislation and repeal BMC 10.08.110.

23759 3.

Committee Of The Whole Minutes Page 2 June 26, 2023

23770 4.

Lisa Anderson / Edwin H. “Skip” Williams moved to request staff to bring forward the State Senate Bill 5536 at the next Committee of the Whole work session for consideration to adopt the state legislation and repeal BMC 10.08.110.

MOTION CARRIED 6-0.

Approval of the 6/5/2023 City Council Committee and Regular Meeting Minutes p. 119

Lisa Anderson / Edwin H. “Skip” Williams moved to recommend approval of the June 5, 2023 meeting minutes.

MOTION CARRIED 6-0.

Old/New Business

Council Member Martens requested the administration to review a draft resolution on affordable housing for discussion at the next meeting.

Kristina Michele Martens / Edwin H. “Skip” Williams moved to request the administration to review a draft resolution affirming that affordable housing is a public health crisis for discussion at the July 10, 2023 meeting.

MOTION CARRIED 6-0.

Mayor Fleetwood introduced Chief Hewitt who had attended the memorial of Fire Chief Gary Hedberg. Chief Hedberg was recognized for his notable contributions to the Fire and EMS programs in Bellingham and Whatcom County. Council extended their condolences to the Hedberg family.

Council President Pro Tem Member Hammill thanked Chief Mertzig for including him in a recent tour of the Snohomish County Diversion Center and Carnegie Resource Center – Pioneer Human Services. Council Member Williams expressed support for the tour.

Adjournment

There being no further business, the meeting adjourned at 3:44pm.

Committee Of The Whole Minutes Page 3 June 26, 2023

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City of Bellingham

Committee Of The Whole Minutes July 10, 2023, 1:00 PM

[ https://meetings.cob.org/Documents/DownloadFileBytes/Committee_Of_The_Whole_2940_Minutes_7_10_2023_1_00_00_PM.pdf?documentType=2&meetingId=2940 ]

Mayor: Seth Fleetwood

Council Members: Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Michael Lilliquist and Kristina Michele Martens

Call to Order

President Lilliquist called the meeting to order at 1pm.

Roll Call

Present:

Contact: (360) 778-8100, mayorsoffice@cob.org Contact: (360) 778-8200, ccmail@cob.org https://cob.org/council

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

Council Standing Committee Meetings:

23776 1.

23777 2.

A Briefing on Launching The Bellingham Plan: A 2025 Periodic Update to the p. 3 Comprehensive Plan

Chris Behee, Long Range Planning Manager, and Elizabeth Erickson, Senior Planner, provided a briefing on the launch of the Comprehensive Plan including the scope, schedule, and community engagement plans. The City must provide an updated report to the state in mid-2025. Council Members discussed and asked questions regarding the Comprehensive Plan, process and potential impacts of State legislation.

Consideration of an Amended Conservation Easement and Conservation Easement Assignment Agreement for Hundred Acre Wood with the Chuckanut Community Forest Park District (CCFPD) and the Whatcom Land Trust (WLT)

p. 27

Committee Of The Whole Minutes Page 1 July 10, 2023

23778 3.

Alan Marriner, City Attorney, Nicole Oliver, Parks and Recreation Director, and Bob Carmichael, Attorney for the Park District, presented on an amended conservation easement and a conservation easement assignment agreement for the Hundred Acre Wood. The Chuckanut Community Forest Park District (CCFPD) has paid off the loan purchase and is preparing to assign its interest in the conservation easement to the Washington Land Trust (WLT), and then dissolve. To facilitate these actions by CCFPD, staff recommends Council approve the attached amended conservation easement and conservation easement assignment agreement for Hundred Acre Wood.

Edwin H. “Skip” Williams / Daniel Hammill moved to recommend approval of adopting an amended conservation easement, a second amended conservation easement, and an assignment agreement for the Hundred Acre Wood property with the Chuckanut Community Forest Park District (CCFPD) and Whatcom Land Trust (WLT).

MOTION CARRIED 7-0.

An Ordinance Creating a New Fund to Account for the Construction of the What- p. 73 Comm Emergency 911 Facility and Amending the 2023-2024 Biennial Budget – Amendment No. 6

Andy Asbjornsen, Finance Director, and Forrest Longman, Deputy Finance Director, presented on the proposed budget ordinance. The budget ordinance creates a new fund to account for the construction and design of a new What-Comm Emergency 911 Facility and appropriates funds to perform a feasibility study and concept design for a recently purchased park property on Meridian Street for trails and a new location for the Swift Haven and Unity Village tiny home communities.

Daniel Hammill / Lisa Anderson moved to recommend approval of a new fund to account for the construction of the What-Comm Emergency 911 Facility and amending the 2023-2024 Biennial Budget – Amendment 6.

MOTION CARRIED 7-0.

Work Session to Consider an Ordinance Amending the Old Town Overlay District p. 83 Development Regulations

On June 26, 2023 City Council held a hearing on the ordinance, which proposes amendments to the Old Town Overlay District development regulations found in Bellingham Municipal Code 20.35.065- .075 including, allowing additional interim light industrial uses, adjusting floor area bonuses and transfers between development sites, and eliminating parking requirements. Blake Lyon, Planning and Community Development Director and Tara Sundin, Community and Economic Development Manager, and Chris Koch, Planner 2, returned to further address Council questions.

Michael Lilliquist / Hannah Stone moved to recommend adding new minimum bicycle parking standards to the ordinance consistent with previous adopted urban villages’ bicycle parking standards.

23779 4.

Committee Of The Whole Minutes Page 2 July 10, 2023

23780 5.

MOTION CARRIED 4-2.

Opposed: Lisa Anderson, Kristina Michele Martens Abstained: Michael Lilliquist

Work Session to Consider a Resolution Authorizing the Mayor to Enter Into a Development Agreement Regarding the Redevelopment Located in the Old Town Subarea

p. 208

23781 6.

On June 26, 2023, City Council held a public hearing to consider a Development Agreement with Developers (Old Town Village, LLC and Capron, LLC) who have sought partnership with the City to develop several parcels of property within the Old Town Subarea. Blake Lyon, Planning and Community Development Director, and Tara Sundin, Community and Economic Development Manager returned to address Council questions.

Daniel Hammill / Edwin H. “Skip” Williams moved to recommend approval of the resolution authorizing the Mayor to enter into a development agreement with Old Town Village, LLC and Capron, LLC regarding the redevelopment of property located in the Old Town Subarea, consistent with the Old Town Urban Village Plan, upon third and final reading of the ordinance amending the Old Town Overlay District Development Regulations.

MOTION CARRIED 7-0.

Discussion of Initiative No. 2023-1 to Raise the Minimum Wage p. 235

James Erb, Deputy City Attorney, presented on the initiative to raise the minimum wage. The County Auditor has reviewed the initiative petition entitled “Initiative No. 2023-01 Raise the Minimum Wage” and verified that the petitioners collected signatures equal to not less than 10% of the total number of votes cast for the Office of Mayor at the last preceding municipal general election, i.e., 3,093. Council must respond to the initiative, as required by the Charter and the Municipal Code, by enacting the initiative, deferring it to the voters, or rejecting the measure and propose an alternative measure that would appear on the ballot along with the initiative. Council Members discussed and asked questions regarding potential impacts of the initiative.

23782

Hollie Huthman / Kristina Michele Martens moved to defer Initiative No. 2023-01 Raise the Minimum Wage to the voters.

MOTION CARRIED 7-0.

Discussion of Initiative No. 2023-02 Regarding Economic Displacement Assistance

p. 244

MOTION CARRIED 7-0.

Hollie Huthman / Daniel Hammill moved to recommend adopting the Planning Commission’s proposed amendment to the Old Town Overlay District development regulations in BMC 20.35.055-.085 with the following exception regarding FAR bonuses, retain the existing “public plazas and open space” FAR bonus provision.

Committee Of The Whole Minutes Page 3 July 10, 2023

23783 8.

MOTION CARRIED 7-0.

Edwin H. “Skip” Williams / Daniel Hammill moved to defer Initiative No. 2023-02 Economic Displacement Assistance to the voters.

MOTION CARRIED 7-0.

A Resolution Affirming that Affordable Housing and Homelessness are a Public Health Crisis

p. 252

23784 9.

On June 26, 2023, Council Member Martens circulated a draft resolution affirming that affordable housing and homelessness are a public health crisis. Council requested the administration review the resolution and return for additional discussion.

Council Members discussed and asked questions on the resolution related to the language, possible inclusion of value statements or references to previous City Council work, titling of the resolution, and impact of declaring a crisis. Council will receive a presentation at the July 24, 2023 meeting regarding rental protections.

Edwin H. “Skip” Williams / Daniel Hammill moved to recommend the resolution be referred back to the administration for additional review and clarity for return discussion at the July 24, 2023 meeting.

MOTION CARRIED 7-0.

Approval of the 6/26/2023 City Council Committee and Regular Meeting Minutes p. 267

Hollie Huthman / Edwin H. “Skip” Williams moved to recommend approval of the June 26, 2023 meeting minutes.

MOTION CARRIED 6-0. Abstained: Michael Lilliquist

James Erb, Deputy City Attorney, presented on the initiative regarding economic displacement assistance. The Whatcom County Auditor has reviewed the initiative petition entitled “Initiative No. 2023-02 Economic Displacement Assistance” and verified that the petitioners collected signatures equal to not less than 10% of the total number of votes cast for the Office of Mayor at the last preceding municipal general election, i.e., 3,093. Council must respond to the initiative, as required by the Charter and the Municipal Code, by enacting the initiative, deferring it to the voters, or rejecting the measure and propose an alternative measure that would appear on the ballot along with the initiative. Council Members discussed and asked questions regarding potential impacts of the initiative.

Daniel Hammill / Edwin H. “Skip” Williams moved to retire to executive session to discuss Initiative No. 2023-02 Economic Displacement Assistance for 20 minutes.

Committee Of The Whole Minutes Page 4 July 10, 2023

Old/New Business

Council Member Stone requested Public Works return for a presentation on recent changes in state law (HB 1050) regarding apprenticeships in September 2023.

Council Member Stone requested a reevaluation of how staff include color copies in the Council packet. Council requested additional discussion on how Council packets are prepared and distributed.

Council Member Anderson recognized the City’s Pride Celebration the past weekend and all those in attendance.

President Lilliquist thanked Council Member Hammill and Mayor Fleetwood for their work to send a follow-up letter to Whatcom County regarding the Justice Project Implementation Plan.

Adjournment

There being no further business, the meeting adjourned at 4:41pm.

Committee Of The Whole Minutes Page 5 July 10, 2023

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City of Bellingham

Committee Of The Whole Minutes July 24, 2023, 1:45 PM

[https://meetings.cob.org/Documents/DownloadFileBytes/Committee_Of_The_Whole_2941_Minutes_7_24_2023_1_45_00_PM.pdf?documentType=2&meetingId=2941 ]

Mayor: Seth Fleetwood

Council Members: Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, Michael Lilliquist and Kristina Michele Martens

Call to Order

Contact: (360) 778-8100, mayorsoffice@cob.org Contact: (360) 778-8200, ccmail@cob.org https://cob.org/council

President Lilliquist called the meeting to order at 1:45pm.

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

Council Standing Committee Meetings:

23795 1.

Hannah Stone / Lisa Anderson moved to recommend moving discussion item #7 AB 23801 regarding Tenant Protection Measures to item #1 for discussion.

MOTION CARRIED 7-0.

A Resolution Deferring Initiative No. 2023-01 which Concerns Raising the Minimum Wage to the Voters

p. 3

On July 10, 2023 City Council voted to direct staff to draft a resolution requesting that the Whatcom County Auditor, as ex-officio supervisor of elections, submit Initiative No. 2023-01, Raise the Minimum Wage, to the qualified electors of the City of Bellingham for the November 7, 2023 election. James Erb, Deputy City Attorney, returned and presented a draft resolution and ordinance for Council’s consideration. Council discussed the resolution, ordinance, and reviewed a list of individuals interested in serving on the pro and con statement committees.

Committee Of The Whole Minutes Page 1 July 24, 2023

23796 2.

Pro Committee: Betsy Pernotto Seth Mangold Devan Fischer

Con Committee: Guy Occhiogrosso Doug Engerman

MOTION CARRIED 7-0.

A Resolution Deferring Initiative No. 2023-02 which Concerns the Adoption of an Economic Displacement Assistance Mandate in Landlord-Tenant Relations to the Voters

p. 12

Kristina Michele Martens / Hannah Stone moved to adopt the ordinance regarding minimum wage for employees or Initiative No. 2023-01.

MOTION FAILED 1-6.

Opposed: Michael Lilliquist, Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson

Michael Lilliquist / Hollie Huthman moved to strike the following lines of the resolution deferring Initiative 2023-01 which concerns raising the minimum wage to the voters,

“The City Council designates the following community members to serve on the committee “For” the initiative bill to prepare a statement advocating that voters approve the measure:

Individual #1, Individual #2, and Individual #3.

The City Council designates the following community members to serve on the committee “Against” the initiative bill to prepare a statement advocating that voters reject the measure:

Individual #1, Individual #2, and Individual #3.” MOTION CARRIED 7-0.

Daniel Hammill / Edwin H. “Skip” Williams moved to recommend approval of the resolution deferring Initiative 2023-01 which concerns raising the minimum wage to the voters as amended.

MOTION CARRIED 7-0.

Hannah Stone / Lisa Anderson moved to forward the following names to the Whatcom County Auditor’s Office for Initiative No. 2023-01,

Committee Of The Whole Minutes Page 2 July 24, 2023

23797 3.

Con Committee: Perry Eskridge

MOTION CARRIED 7-0.

A Resolution Appointing Community Members to Serve on the Committees For and Against City of Bellingham Proposition No. 2023-01 – The Greenways 5 Levy

p. 20

On July 10, 2023 City Council voted to direct staff to draft a resolution requesting that the Whatcom County Auditor, as ex-officio supervisor of elections, submit Initiative No. 2023-02, Economic Displacement Assistance, to the qualified electors of the City of Bellingham for the November 7, 2023 election. James Erb, Deputy City Attorney, returned and presented a draft resolution and ordinance for Council’s consideration. Council discussed the resolution, identified one individual interested in serving on the con statement committee, and requested a review of the initiative process timeline.

Daniel Hammill / Edwin H. “Skip” Williams moved to strike the following lines of the resolution deferring Initiative 2023-02 which concerns the adoption of an economic displacement assistance mandate in landlord-tenant relations to the voters,

“The City Council designates the following community members to serve on the committee “For” the initiative bill to prepare a statement advocating that voters approve the measure:

Individual #1, Individual #2, and Individual #3.

The City Council designates the following community members to serve on the committee “Against” the initiative bill to prepare a statement advocating that voters reject the measure:

Individual #1, Individual #2, and Individual #3.”

MOTION CARRIED 7-0.

Daniel Hammill / Edwin H. “Skip” Williams moved to recommend approval of the resolution deferring the Initiative 2023-02 which concerns the adoption of an economic displacement assistance mandate in landlord-tenant relations to the voters as amended.

MOTION CARRIED 7-0.

Hannah Stone / Daniel Hammill moved to forward the following name to the Whatcom County Auditor’s Office for Initiative No. 2023-02,

James Erb, Deputy City Attorney, presented on the draft resolution appointing community members to serve on the Greenways 5 levy. City Council passed Resolution #2023-015 on July 10, 2023, requesting that the Whatcom County Auditor, as ex-officio supervisor of elections, call and conduct a special election on November 7, 2023, submit to the qualified voters of the City for their approval or rejection Proposition No. 2023-01, commonly referred to as the Greenways 5 levy.

Committee Of The Whole Minutes Page 3 July 24, 2023

Council opted not to adopt the resolution and instead reviewed and recommended a list of individuals interested in serving on the pro and con statement committees.

Hannah Stone / Edwin H. “Skip” Williams moved to forward the following name to the Whatcom County Auditor’s Office for Greenways Five Levy, Prop No. 2023-01,

Pro Committee: Neil Schaner

Lisa Anderson / Edwin H. “Skip” Williams moved to amend and forward the following names to the Whatcom County Auditor’s Office for Greenways Five Levy, Prop No. 2023-01,

Pro Committee: Susan Pollard Jack Weiss

Hannah Stone / Daniel Hammill moved to amend and forward the following names to the Whatcom County Auditor’s Office for Greenways Five Levy, Prop No. 2023-01,

Con Committee: Brad Jones

AMENDMENTS CARRIED 7-0.

Hannah Stone / Lisa Anderson moved to forward the following names to the Whatcom County Auditor’s Office for Greenways Five Levy, Prop No. 2023-01,

23783 4.

Pro Committee: Neil Schaner Susan Pollard Jack Weiss

Con Committee: Brad Jones

MOTION CARRIED 7-0.

A Resolution Affirming that Affordable Housing and Homelessness are a Public Health Crisis

p. 23

On June 26, 2023, Council Member Martens circulated a draft resolution affirming that affordable housing and homelessness are a public health crisis. Council requested revisions to the resolution at the June 26, 2023 and July 10, 2023 meetings. Council Members discussed the current resolution draft.

Committee Of The Whole Minutes Page 4 July 24, 2023

23799 5.

AMENDMENT CARRIED 7-0. AMENDED MOTION CARRIED 7-0.

An Ordinance of the City of Bellingham Amending Bellingham Municipal Code Chapter 10.08 to Adopt by Reference the New State Laws Addressing the Possession and Public Use of Controlled Substances

p. 29

23800 6.

At its June 26, 2023 meeting, City Council directed staff to bring forward an ordinance adopting by reference the new state laws addressing the possession and use of controlled substances. Ryan Anderson, Lead Prosecutor, and Chief Mertzig, returned to discuss the draft ordinance adopting the new state laws making knowing possession and use of controlled substances in a public place gross misdemeanors. Council Members discussed the ordinance and asked questions.

Daniel Hammill / Edwin H. “Skip” Williams moved to recommend approval of the ordinance amending the Bellingham Municipal Code Chapter 10.08 to adopt by reference the new state laws addressing the possession and public use of controlled substances.

MOTION CARRIED 7-0.

An Ordinance Relating to Land Use Planning, Amending Bellingham Municipal Code p. 35 (BMC) Titles 20 and 21 Regarding Accessory Dwelling Units (ADUs)

The City Council held a public hearing on a draft ordinance amending the development regulations for accessory dwelling units (ADUs) on January 23, 2023. The Council referred the ordinance to the Planning Committee, which held work sessions on February 13, 2023 and March 13, 2023. The Committee of the Whole then held a work session to consider the ordinance on April 24, 2023, during which Council directed staff to amend the ordinance to incorporate the regulations in Engrossed House Bill 1337. Blake Lyon, Planning and Community Development Director, Chris Koch, Planner II, returned to discuss the amended ordinance.

Hannah Stone / Lisa Anderson moved to amend the ordinance with the following text, “4. Ownership and Occupancy.

a. The ADU, or the land on which the ADU is located, shall not be subdivided or otherwise segregated in ownership from the primary dwelling unit or from the land on which the

Daniel Hammill / Edwin H. “Skip” Williams moved to recommend approval of the Resolution Affirming Housing Affordability and Homelessness are a Public Health Crisis to Resolution Affirming Housing Affordability and Homelessness are a Public Health Crisis.

Hollie Huthman / Daniel Hammill moved to amend the resolution title from, “A Resolution Affirming that Affordable Housing and Homelessness are a Public Health Crisis” to, “A Resolution Affirming that Housing Affordability and Homelessness are a Public Health Crisis.”

Committee Of The Whole Minutes Page 5 July 24, 2023

primary dwelling unit is located, but the ADU may be segregated in ownership from the primary dwelling unit.

b. The total number of persons who may occupy the accessory dwelling unit shall not exceed four, regardless of relationship.

c. Owner occupancy is required in areas zoned residential single until occupancy requirements are preempted by the implementation of State law. Prior to implementation of State law the following applies. The An owner shall record a covenant with the Whatcom County auditor submit an affidavit, approved by the director, which shall run with the land as long as the ADU is maintained on the property or until owner occupancy requirements are preempted by the implementation of State law. The property owner shall submit proof that the covenant has been recorded with the Whatcom County auditor’s office affidavit to the City prior to issuance of the building permit. The covenant affidavit shall specify the requirements for owner occupancy, and purchaser registration, and biannual verification as follows:

i. The An owner of the subject property shall reside on the premises, whether in the primary or accessory dwelling; provided, that:

(A) In the event of illness, death or other unforeseeable event which prevents the owner’s continued occupancy of the premises, the director may, upon a finding that discontinuance of the ADU would cause a hardship on the owner and/or tenants, grant a temporary suspension of this owner-occupancy requirement for a period of one year. The director may grant an extension of such suspension for one additional year, upon a finding of continued hardship.

(B) In the case of bringing an unpermitted ADU into compliance with this section, if the property on which the ADU is located complies with all of the requirements of this section except owner-occupancy, the property may continue without occupancy by the owner for the remainder of the lease(s) on the property, not to exceed one year. Thereafter, the property shall be occupied by the owner, or transferred to a different owner who will reside on the premises.

ii. Purchasers of homes with an ADU shall register with the planning and community development department within 30 days of purchase.

iii. An affidavit, prepared by the planning and community development department and signed by the property owner, must be submitted to the department on or before January 1st of every odd numbered year attesting to owner occupancy.”

AMENDMENT CARRIED 5-2.

Opposed: Hollie Huthman, Daniel Hammill

AMENDED MOTION CARRIED 6-1. Opposed: Daniel Hammill

Committee Of The Whole Minutes July 24, 2023

Page 6

23801 7.

A Work Session to Discuss Additional Tenant Protection Measures p. 87

Note: This item was moved, approved, and discussed as the first agenda item.

On February 27, 2023, pursuant to a request from City Council, staff provided an initial list of tenant protection measures that are being utilized elsewhere in the states of Washington and California to help provide some stability to the existing rental market. Council provided further direction to conduct additional public outreach and analyze a broader range of potential tenant protection measures. Blake Lyon, Planning and Community Development Director, returned to seek Council’s feedback on action measures. Council Members discussed and shared their priorities.

Approval of the 7/10/2023 City Council Committee and Regular Meeting Minutes p. 99

Edwin H. “Skip” Williams / Kristina Michele Martens moved to recommend approval of the July 10, 2023 meeting minutes.

MOTION CARRIED 7-0.

Old/New Business

Mayor Fleetwood proposed a future ordinance related to safe parking zones for Council’s consideration. Council was supportive of learning more about the ordinance.

Council Member Hammill requested a future presentation on current City-owned surplus property.

Council moved into Executive Session at 4:35pm to discuss four items for approximately 15 minutes.

23802 8.

1. Potential Property Acquisition

2. Potential Property Acquisition

3. Potential Property Acquisition

4. Potential Property Acquisition

Adjournment

There being no further business, the meeting adjourned at 4:34pm.

Committee Of The Whole Minutes July 24, 2023

Page 7

noisy waters northwest

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Work in Progress: Searchable 2023 Bellingham City Council Committee of the Whole meeting minutes / Noisy Waters Northwest

Work in Progress: Searchable 2023 Bellingham City Council Committee of the Whole meeting minutes

Work in Progress: Searchable 2023 Bellingham City Council Committee of the Whole meeting minutes

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