Bellingham City Council

Action Taken at August 12, 2024 Meeting

Michael Lilliquist participated in the meeting remotely.

Shall the council:

149. Authorize the mayor to enter into a $3,500,000 settlement agreement with the Port of Bellingham regarding the port’s contribution to the cleanup of the R.G. Haley site? The city will pay the port for the settlement over four years. (Discussed in Executive Session.) Motion carried 4-0, Hannah Stone and Edwin “Skip” Williams excused, Michael Lilliquist abstained.

150. Authorize the mayor to sign all necessary documents for the City of Bellingham to participate in the settlement of the opioid lawsuit? The lawsuit was brought by the State of Washington against Kroger, which does business in the State of Washington as QFC and Fred Meyer. (Discussed in Executive Session.) Motion carried 4-0, Hannah Stone and Edwin “Skip” Williams excused, Michael Lilliquist abstained.

151. Authorize the legislative policy analyst to work on legislation and research related to prohibiting excessive fees at residential rentals and mobile home parks? Councilmember Cotton is seeking support to prohibit excessive fees related to residential rentals and mobile home parks. Individuals in the community are encouraged to reach out and share any stories with him and the council. (Old/new business) Motion carried 4-0, Hannah Stone and Edwin “Skip” Williams excused, Michael Lilliquist abstained.

152. Approve the mayor’s appointment of Zach Cook to a partial term on the Greenway Advisory Committee? Appointments are for three years with a two-term limit. Zach Cook currently oversees the training department at the Whatcom Transit Authority and has an MA in teaching from WWU. He also runs a youth mountain biking club at Carl Cozier and has multiple years’ experience volunteering at the Whatcom Crisis Services and Big Brother and Sisters. The partial term will expire on 10/28/2025. (AB24198) Motion carried 4-0, Hannah Stone and Edwin “Skip” Williams excused, Michael Lilliquist abstained.

153. Approve the mayor’s reappointment of Rose Lathrop to a final term on the Planning and Development Commission? Terms of office are four years with a two-term limit. Rose Lathrop was initially appointed to the commission at the 8/24/2020 meeting, vote #140. She is the program director for Sustainable Connections and has been a local resident for 26 years. She has a BA in environmental policy and planning and is a LEED certified sustainable building advisor. Her final term will expire on 8/24/2028. (AB24199) Motion carried 4-0, Hannah Stone and Edwin “Skip” Williams excused, Michael Lilliquist abstained.

154. Transfer the cleanup management role for the Cornwall Avenue landfill site from the Port of Bellingham to the City of Bellingham? Pursuant to a consent decree, the Port of Bellingham and the City of Bellingham are jointly responsible for the cleanup of the Cornwall Avenue landfill site. The port has been the lead agency for the cleanup effort and the city has reimbursed the port pursuant to the 2006 agreement for the acquisition of the Chevron and Colony Wharf properties and the remediation of the Cornwall Avenue landfill site and Central Waterfront site. Over time, the city acquired the non-state-owned portion of the site and plans to develop the area into the Salish Landing Park. Because of the city ownership, the planned park, and adjacent cleanup of the R.G. Haley site, the city will conduct all three. The total cleanup cost of the site is currently projected at approximately $17 million. (AB24202) Motion carried 4-0, Hannah Stone and Edwin “Skip” Williams excused, Michael Lilliquist abstained.

155. Appropriate $19,046,074 for goods and services checks issued from July 4 through August 1, 2024? (AB24204/24205/24206/24207) Motion carried 4-0, Hannah Stone and Edwin “Skip” Williams excused, Michael Lilliquist abstained.

156. Appropriate $10,394,341 for payroll checks issued from June 16 through July 15, 2024? (AB24208/24209) Motion carried 4-0, Hannah Stone and Edwin “Skip” Williams excused, Michael Lilliquist abstained.

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Action Taken at August 26, 2024 Meeting

Shall the council:

157. Authorize the mayor to enter into a $225,000 settlement agreement with Ghanbari v. Bellingham et al. for the following terms: dismissal of the lawsuit and resolution of all claims? (Discussed in executive session) Motion carried 7-0

158. Authorize the mayor to retain Seamark Law Group to represent former Police Lieutenant Chad Cristelli in pending litigation? (Discussed in Executive Session) Motion carried 7-0

159.Authorize the mayor to award the low bid of $1,813,924 to Granite Construction Company of Everson for a neighborhood paving project? The engineer’s estimate was $2,028,000.This project will overlay asphalt on streets in the Silver Beach and Samish Neighborhoods, install a new water main along Northshore Drive, ADA ramp upgrades, and a rectangular rapid flashing beacon on Electric Avenue near Flynn Street. Construction is expected to begin by fall of 2024. As portions of this project are in the Lake Whatcom watershed, some paving may occur in the spring of 2025. Two bids were received — the high bid was $1,981,669. (AB24214) Approved 7-0

160. Authorize the mayor to extend the agreement for First Response Emergency Medical Services? The Bellingham Fire Department is party to a countywide agreement to provide first response and basic life support for medical emergencies. It was initally authorized at the 1/22/2018 meeting, vote #9, in cooperation with 12 fire districts, the City of Lynden, South Whatcom Fire Authority, and the City of Bellingham. The previous agreement expired at the end of 2023; the new agreement will run through December of 2029. This agreement will span the term of the current EMS levy cycle (2024-2029) and has the county paying the costs on our records management system, EMS dispatching fees, and provides an annual allocation of money to support BLS services. The allocation will vary each year as it is determined by a formula that includes call volume and resource use, but the amount is estimated to be approximately $500,000 per year. The city’s obligation under the agreement is to continue to provide first response to medical emergencies, to provide basic life support transport when appropriate, and to use the countywide reporting system so the county can track EMS data. (AB24216) Approved 7-0

161. Extend the agreement with Whatcom County to operate an interim shower program? At the 9/25/2023 meeting, vote #197, the City Council authorized an expenditure of $320,000 and contract with the Opportunity Council to operate an interim public shower program in the rear parking lot of City Hall until 8/31/2024. This vote will extend the program to 12/31/2024. The program will continue due to the delayed opening of the Way Station project, which will replace the shower program. Councilmember Stone recused herself from the discussion and vote due to her position on the Opportunity Council’s board of directors. (AB24217) Approved 6-0, Hannah Stone recused.

162. Name the pier at Little Squalicum Park (640 Marine Drive) as ‘Little Squalicum Pier’? At the 12/6/2021 meeting, vote #229, the City Council accepted the donation of the pier from the Lehigh Hanson/Heidelberg Cement Group. Vote #163 below approves the bid for pier improvements; the pier is expected to be open to the public in the Spring of 2025. Names were solicited on the city’s website, over 900 submissions were received. (AB24220) Approved 7-0

163. Authorize the mayor to award the low bid of $1,612,703 to Boss Construction of Bellingham for Little Squalicum Park pier improvements? The engineer’s estimate is $2,307,242. The city owns portions of the park and manages other adjoining properties in the park through a lease from Whatcom County. Improvements include pedestrian guardrails, grating over the existing decking to make the pier accessible for all, and lighting that is powered entirely by solar and wind. The city received 10 bids — the high bid was $2,707,391. (AB24221) Approved 7-0

164. Authorize the mayor to sign a joint funding agreement with the federal government for the operation and maintenance of stream gages? The city partners with U.S. Department of Interior/U.S. Geological Survey for the operation and maintenance of stream gauges. The total cost of the program is $238,386 — the city’s share is $201,558 and the federal government’s share is $36,828. The program monitors the stream flow discharges of Anderson Creek, Brannian Creek, Carpenter Creek, Euclid Creek, Olsen Creek, Squalicum Creek, Silver Beach Creek, and the turbidity of the Middle Fork of the Nooksack River. The agreement runs from 10/1/2024 through 9/30/2025. (AB24224) Approved 7-0

165. Authorize the mayor to sign an agreement with ICOM 911 (dba Island County Emergency Services Communications Center)? An agreement to develop a countywide public safety radio system was approved at the 5/24/2021 meeting, vote #101. The city and Whatcom County have a relationship with Washington State Patrol to utilize and expand their multiprotocol label switching network which supports local and regional public safety communications. ICOM 911 emergency technical services unit staff have been providing valuable technical support and training to staff in the City of Bellingham radio communications group as a professional courtesy. As the number and complexity in Whatcom County grows, this approach is no longer sustainable. The purpose of this agreement is to allow the city to compensate ICOM 911 ETSU staff $125.00 per hour, per employee, for the time they are dedicating to supporting our network growth. (AB24225) Approved 7-0

166. Appropriate $5,555,808 for goods and services checks issued from August 2 through August 15, 2024? (AB24226/24227) Approved 7-0

167. Appropriate $5,290,819 for payroll checks issued from July 16 through July 31, 2024? (AB24228) Approved 7-0

168. Adopt a revised parking rate schedule to add a bike locker user fee? Bike lockers will be managed by an app on the user’s cel-phone. The city has spent about $44,000 installing bicycle lockers in downtown in order to provide more secure storage options for people walking and rolling. People using the bike lockers at both the Commercial Street Parking Garage and adjacent to the WTA Bellingham Station transit center will pay five cents per hour for up to 10 days or $0.12 per hour for 10-14 days, after which a bike is considered abandoned and removed. There will be a 30 cent service charge per transaction. The parking fee will be collected via the wireless app. AB24215 (Resolution 2024-18) Approved 7-0

169. Increase the per-home subsidy limit for low-income homebuyer assistance? Non-resale restricted homes will increase from a maximum of $30,000 to $40,000. Resale-restricted homes will go from a maximum of $40,000 to $75,000. As of 4/30/2024, the average home sold in Bellingham for approximately $622,000 compared to the state median of around $558,000. This modification to the low-income homebuyer assistance funding guidelines, as reflected in the housing levy administrative and financial plan facilitates homeownership opportunities for low- and moderate-income families. AB24218 (Resolution 2024-19) Approved 7-0

170. Authorize the mayor to relinquish surplus utility easements encumbering the Roosevelt Elementary School property at 2900 Yew Street? (Public hearing held.) On 5/4/1970, the City of Bellingham vacated a portion of East Illinois and Yew Streets and the alley located within 2900 Yew Street. The city retained an easement for potential future public utility needs within the vacated street segment. The Bellingham School District has requested that the city relinquish surplus utility easements encumbering 2900 Yew Street to facilitate redevelopment of the Roosevelt Elementary School. The Public Works Department has reviewed the request and determined that the easements be relinquished. AB24211 (Resolution 2024-20) Approved 7-0

171. Authorize the mayor to relinquish surplus utility easements encumbering property at 750 Samish Way? (Public hearing held.) On 4/4/1978, the City of Bellingham vacated a portion of the Bennett Avenue right-of-way from Interstate 5 right-of-way easterly 64 feet to a sewer main easement. The property owner has plans to improve and redevelop the site but needs the added area encumbered by the city’s retained utility easement to properly complete the design and meet current regulations. The Public Works Deparment has no need or plans to place public utilities in the retained utility easement area. AB24212 (Resolution 2024-21) Approved 7-0

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Action Taken at September 16, 2024 Meeting

Shall the council:

172. Authorize the mayor to spend $340,000 to acquire four acres in the Lake Whatcom watershed? It has one potential development unit and will be acquired from property owners, Annette and Gloria Schenck and Sandy Collman. (Discussed in Executive Session.) Motion carried 7-0

173. Authorize the mayor to spend $205,000 to acquire 40.79 acres in the Lake Whatcom watershed? It has one potential development unit and will be acquired from from property owners, Dennis and Maureen Handel. (Discussed in Executive Session.) Motion carried 7-0

174. Ratify the 2023-2024 collective bargaining agreement with the Guild of Pacific Northwest Employees, Local 1937? The agreement includes a 4 percent wage increase starting on 1/1/2024, and a 3 percent wage increase starting on 1/1/2025. Reallocate positions in salary grades 1-4 up by one salary effective 1/1/2024. A $1.00 market adjustment will be applied to each step effective 1/1/2025. Increases deferred compensation match to 2 percent effective 1/1/2025. Increase the cityÃs contribution to medical health care by 6 percent each year. The agreement runs from 1/1/2024 through 12/31/2025. (Discussed in Executive Session.) Motion carried 7-0

175. Authorize the mayor to accept a $21,958 federal grant to improve the community response to violence against women? This grant is with Bellingham Police Department through the state Office of Crime Victims Advocacy. The Bellingham Police Department would like to bring in a specialized speaker to talk to victim advocates, attorneys, nurses, and law enforcement on assessing the risk of future sexual offending behaviors. A local match amount of $7,319 is required for a total of $29,770. The grant expires on 12/31/2024. (AB24237) Approved 7-0

176. Authorize the mayor to sign a sub-receipient agrement with Whatcom County and the What-Com Communications Center? This sub-recipient agreement allows Whatcom County to provide said funds to What-Comm Communications Center to cover eligible coordinator professional development expenses. All approved expenses must be incurred no earlier than 7/1/2024 and no later than 6/30/2025 in accordance with the state E911 coordinatorÃs office fiscal year. The maximum allocated amount is $52,900. What-Comm 911 shall provide invoices to the county for actual costs. Whatcom County shall reimburse What-Comm 911 within 30 days of receipt of reimbursement from state E911 coordinatorÃs office. (AB24238) Approved 7-0

177. Appropriate $5,086,569 for payroll checks issued from August 1 through August 15, 2024? (AB24239) Approved 7-0

178. Appropriate $14,483,533 for goods and services checks issued from August 16, 2024 through September 5, 2024? (AB24240/24241/24242) Approved 7-0

179. Oppose the proposed merger of Albertsons and Kroger? The attorneys general for eight states and the District of Columbia joined the Federal Trade Commission in a lawsuit, and the attorney general of Colorado filed a separate suit to block the proposed merger. The attorney general of Washington state filed a separate suit in the King County Superior Court to block the merger of Kroger and Albertsons. This resolution cites concerns over reduced competition, potential price hikes, reduced food access, and impacts to unionized grocery workers, including job losses. The stores which the corporations intend to close include: Haggen at 2814 Meridian, Haggen at 1401 12th St, Haggen at 210 36th St, Haggen at 2900 Woburn St, and Safeway at 1275 E Sunset Drive. AB24236 (Resolution 2024-22) Approved 7-0

180. Accept a property donation from David and Carol Robinson? They are the owners of two undeveloped properties (total value: $680,000) in Bellingham, totaling seven and a half acres. The first is on 32nd Street, adjacent to the Connelly Creek Nature Area and the second on California Street, adjacent to Arroyo Park. The donation has a permanent deed restriction stipulating that the properties be used solely for park and open space purposes. AB24219 (Ordinance 2024-09-023) Approved 7-0

181. Amend the 2023-2024 biennial budget (amendment #14)? Add $600,000 to the transportation fund for sidewalk improvements to the House of Healing project. At the 4/8/2024 meeting, vote #64, the council approved a ground lease with Western Washington University for the construction of the House of Healing. This expenditure was planned for inclusion in the 2025 budget. However, the project is ahead of schedule and the university has requested the funding this calendar year. AB24222 (Ordinance 2024-09-024) Approved 7-0

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