Action Taken at May 6, 2024 Meeting
Shall the council:
83. Authorize the mayor to spend $25,000 to acquire 0.6 acres, from owner Ellie Anderson, of property located in the Lake Whatcom Watershed? It has one potential development unit. (Discussed in Executive Session.) Motion carried 7-0
84. Approve 19 initial candidates to the Whatcom Racial Equity Commission? At the 10/11/2022 meeting, vote #241, the Whatcom County Council created the Whatcom Racial Equity Commission. The commission will serve as an advisory board to local government agencies and other organizations working within Whatcom County to promote racial equity; serve as a community forum to identify issues, needs, and resources related to issues of racial inequity. The appointment committee reviewed 43 applications and recommended 19 candidates. The following members were also confirmed at the 4/9/2024 County Council meeting. Appointed were: Khushdip Kaur Brar, Yazil A. Dhilpe Castro, Lucia Zamora Chamorro, Lance Edward Jones, Zeenia Junkeer, Frank Lee, Martha L. Lopez, Ed.D., Erik McFrazier, Jason McGill, Gabriela Montenegro, Terrance “TeeJay” Morris, Brett Muskavage, J. Manuel Reta, Rachel Rosalinda Rodriguez, Scott Ryckman, Eric Scott, J.D., Julieta Garcia Suarez, Rika Valladares and Chao-ying Wu, M.D. (24096) Motion carried 7-0
85. Authorize the mayor to award the low bid of $6,876,229 to Faber Construction for Woburn Street maintenance and operation facilities improvements? The engineer’s estimate for this contract was $5,328,716. A change in design resulted in the bid numbers coming in higher than the engineer’s estimate. This project will construct a shared facility for the parks and public works departments. It will host two new secure storage facilities, a shared bulk materials storage area, winter brine center, and a larger, more functional area for the parks’ nursery program. The project bid includes all work and materials required to complete the project at 1411 & 1413 Woburn St. and 1420 & 1410 Old Woburn St. This project includes a 15 percent apprenticeship requirement. (AB24099) Approved 7-0
86. Send a letter to the Washington Administrative Office of the Courts in Olympia supporting grant funding for a new Community Court? The Bellingham Municipal Court is seeking state funding for the court being launched this fall. The letter states that “ … the court will help us to provide a space for many individuals committing low level non-violent crime.” The funding is for a half-time prosecutor, fees for participants needing probation supervision, team training and travel, office supplies, computer, and recovery supports. (AB24103) Approved 7-0
87. Authorize the mayor to sign an agreement with Whatcom County to coordinate the financing and the use of sales tax revenues? Last November, Whatcom County voters passed a new Public Health, Safety and Justice sales tax of an additional two-tenths of one percent, which began collection in April. Per state law, the county will receive 60 percent of the revenue generated; the cities will receive a per capita share of the remaining 40 percent. Bellingham will receive approximately 30 percent of the overall revenue. Cities will transfer 75 percent of tax proceeds to the county for the first 54 months of collection as a capital contribution to the new Public Health, Safety and Justice Facility. Funds not used to construct and finance the facility, and, at least 50 percent of funds collected county-wide, will be used in support of the Justice Project Implementation Plan. (AB24104) Approved 7-0
88. Appropriate $9,623,030 for goods and services checks issued from April 5 through April 25, 2024? (AB24108/24109/24110) Approved 7-0
89. Appropriate $6,114,080 for payroll checks issued from April 1 to April 15, 2024? (AB24111) Approved 7-0
90. Authorize the mayor to sign a grant (modification #1) with the Whatcom Transportation Authority to increase funding for electric bus charging infrastructure at Cordata Station? The grant revenue is derived from the voter-approved two-tenths of one percent sales and use tax to fund certain transportation projects identified in the six-year transportation improvement program. At the 12/12/2022 meeting, votes #250 and #253, the City Council entered into an agreement for grant funding of electric bus charging facilities. The initial grant amount was $350,000. This modification increases the grant by $176,827 to a total of $526,825. The modification is to cover increased project costs, with total costs of $1,040,000. (AB24112) Approved 7-0
91. Adopt the 2024 Action Plan of the 2023-2027 Consolidated Plan? At the 5/8/2023 meeting, vote #90, the council adopted the 2023-2027 Consolidated Plan (7/1/2023 – June 30, 2027). The yearly action plan is required by the federal Department of Housing & Urban Development (HUD) to identify community needs and priorities to be funded by the federal Community Development Block Grant and HOME Investment Partnership Program over a five-year period. The city uses the action plan to budget for its local housing levy, affordable housing sales tax and related general fund expenditures. Total revenue allocated in the 2024 Action Plan is $30,040,129. New allocations for the 2024 HUD year have not yet been published, so assumptions are based on prior year amounts, with contingencies listed. A draft 2024 Action Plan was published on the city’s website (https://cob.org/services/housing/action-plan). Councilmember Stone recused herself from the meeting due to her role as an Opportunity Council board member. AB24101 (Resolution #2024-05) Approved 6-0-1, Hannah Stone recused.
92. Amend the 2023-2024 biennial budget (amendment #12) to appropriate an additional $711,570 in Greenways funds for park improvements? At the 2023 general election, the voters of Bellingham passed the fifth Greenways levy, the 10-year levy will raise $9.3 million in the first year of property tax collections. Additional revenue in the new levy is now available, and the city wants an additional 10 positions, garbage truck, dump truck, mulcher and equipment to support new staff. Convert an existing Greenways-funded contract for hazard tree services to two new fulltime positions, including filling the long-vacant position of parks arborist. Future park development will require additional staff to maintain and operate. AB24089 (Ordinance 2024-05-014) Approved 7-0
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Action Taken at May 20, 2024 Meeting
Announcement:
The City Council acknowledges “that we are gathered on the traditional and unceded territory of the Lummi, Nooksack, Samish and Semiahmoo People who have cared for and tended this land since time immemorial. Truth and acknowledgment are critical to building mutual respect and connection across all barriers of heritage and difference. We begin this effort to acknowledge what has been buried by honoring the truth. We pay respect to their elders past and present. Please take a moment to consider the many legacies of violence, displacement, migration, and settlement that bring us together here today. And please join us in uncovering such truths at any and all public events.”
Shall the council:
93. Deny a request from Gene and Connie Shannon for a $60,998 refund? Gene and Connie Shannon requested a refund of the fees that they paid in association with their development of South Bay Suites in 2013. This vote adopts the letter dated 3/27/2024, from Parks and Recreation Director Nicole Oliver to Gene Shannon. The City Council denies the Shannons’ request for a refund of park impact fees for the reasons stated in director Oliver’s letter. This decision is final, and any appeal would be to Whatcom County Superior Court. (Discussed in Executive Session.) Motion carried 7-0
94. Authorize the mayor to award the low bid to JT Thorpe & Sons of Burlington for on-call incinerator maintenance and repair services? Total cost shall not exceed $3 million over three years. JT Thorpe and Sons offered the lowest responsive bid of $188,025, which was based on a hypothetical work order for bid comparison purposes. The indefinite delivery, indefinite quantity work will be scoped and performed under individual work orders on an as-needed basis over a maximum of four years, subject to a not-to-exceed contract amount of $3 million. The city received two bids — the other bidder and amount of the bid was not listed in the packet. The contract is not subject to apprentice utilization requirements because individual work orders are expected to be well under $1 million. (AB24120) Approved 7-0
95. Extend sewer service to 968 Marine Drive? The Whatcom County Health Department has informed the owners of the existing residence at 968 Marine Drive, a single-family residence constructed in 1922, that their septic system has failed. The property abuts a city sewer main; however city code precludes the extension of new retail sewer service outside city limits except when such service is necessary to protect basic public health and safety and the environment. The public works director has determined that the standard for service is met in this case. The property owner will pay the sewer system development charge, a sewer latecomer assessment, and monthly utility bills. (AB24121) Approved 7-0
96. Authorize the mayor to award the low bid of $20,756,870 to Dawson Construction of Bellingham for phase 2 of the administration building and vehicle storage? The engineer’s estimate is $23,927,260. At the 4/26/2021 meeting, vote #70, the council authorized the mayor to award the low bid of $19,963,299 for the phase 1 construction of a five-story administration building on Puget Street to consolidate staff. This project is maximizing the physical space at 2221 Pacific Street and 1305 Virginia Street to support almost the entire public works operations and engineering teams. The site has several buildings that no longer meet operational needs and have reached the end of useful life. The work consists of the demolition of two structures, a new two-story, all-electric administration building and a new operations building. Construction includes solar panels, a “green” roof, LEED Silver equivalent construction practices, 1 percent for the arts and a 15 percent apprenticeship requirement. The city received four bids — the high bid was $23,748,920. This project is funded by the street, storm, water and sewer funds. (AB24122) Approved 7-0
97. Appropriate $7,878,222 for goods and services checks issued from April 26, 2024 through May 9, 2024? (AB24129/24130)Approved 7-0
98. Appropriate $5,039,924 for payroll checks issued from April 16 to April 30, 2024? (AB24131) Approved 7-0
99. Adopt the 2024 Bicycle Master Plan? Since the Bicycle Master Plan was initially adopted by the City Council at the 10/13/2014 meeting, vote #207, there have been 228 bikeway and crossing improvements completed. This updated Bicycle Master Plan will continue to make the city’s multimodal transportation network more safe, equitable and connected, which will encourage more people to walk and roll for their daily transportation needs. The Bicycle Master Plan network recommendations include: 34 enhanced crossings or intersection improvements, 72 (46.6 miles) separated bike lanes, 79 (34.9 miles) bike boulevards, 20 (21.6 miles) multi-use trails, and 35 (18.6 miles) bike lanes at an estimated cost of $520 million. The plan is available on the city website at cob.org/project/pbmp2022. AB24133 (Resolution 2024-06) Approved 7-0
100. Adopt the 2024 Pedestrian Master Plan? The Pedestrian Master Plan was initially adopted by the City Council at the 8/6/2012 meeting, vote #156. The City of Bellingham is recognized as a leader in creating a multimodal transportation system that prioritizes the movement of people over the movement of single-occupant vehicles. The city is updating the Pedestrian Master Plan/Bicycle Master Plan to ensure ongoing implementation and to make the city’s multimodal transportation network more safe, equitable and connected, which will encourage more people to walk, bike, and roll for their daily transportation needs. The network recommendations include: 84 Crossing Enhancement Projects, 121 (40 miles) Pedestrian Connection Projects, and 18 (3.5 miles) off-street connections at an estimated cost of $214,500,000. The plan is available on the city website at cob.org/project/pbmp2022. AB24123 (Resolution 2024-07) Approved 7-0
101. Update the financial management guidelines for the City of Bellingham? The initial guidelines were passed at the 5/24/2010 meeting, vote #110. Strong, up-to-date financial policies are critical to maintaining the financial health of the city. These policies ensure fiscal prudence and guide decision-making and policy prioritization. The city ranks its financial obligations as follows: 1) Ensure public safety, meet all legal and mandated obligations, 2) Provide general city governance, maintain the existing infrastructure of the city, operate city-owned or operated amenities and programs, 3) Replace existing city-owned assets and equipment, and 4) Invest in new assets, amenities, and/or programs to advance policy goals. AB24126 (Resolution 2024-08) Approved 7-0
102. Create a fund to account for the new two-tenths of one percent sales and use tax? In the November 2023 general election, voters authorized an additional two-tenths of one percent sales and use tax for public health, safety and justice. At the 6/26/2023 meeting, vote #125, the council endorsed the ballot measure. Cities receive 40 percent of revenues on a per capita basis. This ordinance creates a new fund to account for these new revenues to be known as the Public Health, Safety and Justice Fund. The city will transfer 75 percent of its tax proceeds to the county for the first 54 months of collection. AB24105 (Ordinance 2024-05-015) Approved 7-0
103. Amend the 2023-2024 biennial budget (amendment #13) to account for new revenues of $2,737,556 and expenses of $2,074,171? This amendment adds revenues and expenses to account for the new Public Health, Safety, and Justice sales tax and adds two full-time positions and associated expenses in the mayor’s office. The two new positions are: strategic initiatives manager, one will be funded for the next two years with opioid settlement funding, and a second will be funded by the general fund. The two positions will increase leadership capacity, increase focus on city and community priorities, and increase coordination between departments, the administration, and the City Council. The new fund will also be used to account for opioid settlement dollars. AB24106 (Ordinance 2024-05-016) Approved 7-0
104. Declare an emergency for the preservation of landmark trees in the City of Bellingham? Establish an inventory process for any tree 36” or greater in circumference, or for a tree with identifiable characteristics or community significance. Included are the requirements for allowing the removal of protected trees. City staff will create and maintain a Landmark Tree Inventory. A Landmark Tree Committee will be comprised of staff members appointed by the planning and community development director, parks and recreation director and public works director. Any person may nominate a tree or grove of trees for the inventory. Violations will be penalized as a civil infraction at $800 to $5,000 fee per tree, a gross misdemeanor, with a replant and a monitoring program required. A public hearing is required within 60 days of passage of an emergency ordinance. (Emergency Ordinance #2024-05-017) Approved 7-0
