Action Taken at December 9, 2024 Meeting
Mayor’s report
Mayor Lund highlighted her recent executive order expanding housing options in Bellingham. The executive order directs action in three broad areas: diversifying and expanding housing options in all neighborhoods through priority development review and proposed, interim legislative changes and streamling the city’s permitting processes to spur housing development and reduce housing costs. It also incentivizes funding or partnering to create more housing opportunities that are harder to develop, such as permanently affordable housing or transitional housing options like tiny home villages.
Shall the council:
243. Authorize the mayor to spend $225,000 to acquire 0.19 acres of Lake Whatcom Watershed property with one potential development unit from property owners, Hien N Dang, Thanh-tan Le, Mehdi and Elise Shafa? (Discussed in Executive Session.) Approved 6-0, Daniel Hammill excused.
244. Authorize the mayor to acquire 101.24 acres — at no cost to the city — of Lake Whatcom Watershed property owned by Patricia Otto? The property has 20 potential development units. The city currently holds two conservation easements over the property, Patricia Otto has offered to replace the existing conservation easements with a new easement that is more protective of the Lake Whatcom Watershed, effectively precluding development of all but one of the potential development units (which is preserved for an existing homesite). The new conservation easement will be granted to both the City of Bellingham and the Whatcom Land Trust as co-grantees. (Discussed in Executive Session.) Approved 6-0, Daniel Hammill excused.
245. Approve the mayor’s appointment of Sarah Burch to a partial term on the Transportation Commission? The Transportation Commission takes a long-range, strategic look at transportation issues and provides recommendations on policy choices and investment priorities. Sarah Burch is a passionate cyclist with experience designing and conducting bike tours in Vermont, Oregon, Montana and Washington state. She has lived in Bellingham for the past two years and has taught at North Seattle College and the University of Washington. Her term will expire on 3/11/2027, at which time she may be reappointed. (AB24347) Approved 6-0, Daniel Hammill excused.
246. Authorize the mayor to award the low bid of $1,279,812 to S&S Concrete Construction of Bellingham for on-call concrete repair services? The Indefinite Delivery Indefinite Quantity (IDIQ) 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 $3,600,000. The work includes maintenance and replacement for cement curbs, ramps, driveways and street panels, as well as manholes and storm drains, among others. The city received two bids; the high bid was $1,449,600. The bids were based on a hypothetical work order for comparison purposes. (AB24351) Approved 6-0, Daniel Hammill excused.
247. Authorize the mayor to sign a updated three-year agreement with Whatcom County and the Port of Bellingham regarding a coordinated approach to funding economic development? The agreement was originally approved at the 12/13/2010 meeting, vote #235, renewed at the 11/14/2016 meeting, vote #194 and the 3/13/2023 meeting, vote #54. Through this agreement, the city supports a collaborative commitment to fund the Port of Bellingham’s Regional Economic Partnership, fund Western’s Small Business Development Center, maintain the “Choose Whatcom” website, and oversee various contracts with economic development-focused activities. The commitment by the city is $116,827 (2025), $120,332 (2026) and $123,942 (2027) and the total three-year commitment by the city, county and port is $6,283,015. (AB24352) Approved 6-0, Daniel Hammill excused.
248. Fund three downtown beautification proposals? As part of ongoing revitalization efforts, a second request for proposals was issued in October for projects to beautify downtown. Twenty-seven submissions were received and the Lodging Tax Advisory Committee recommended three. A total of $235,080 in Downtown Activation Funding will be allocated to: Children of the Setting Sun Productions for Coast Salish interactive mural ($160,000), Pickford Film Center and Bellingham Symphony Orchestra for three or four silent films with live music ($25,080), and KZAX Presents: Radio Forever ($50,000). (AB24353) Approved 6-0, Daniel Hammill excused.
249. Authorize the mayor to accept a $999,999 state grant to fund a home electrification and appliance rebates program? Grant funds will be split in half with Whatcom County — the state Department of Commerce grant to expand the Home Electrification Pilot Program in Bellingham and throughout Whatcom County. The funds will support electrification efforts with up to 100 percent cost-coverage for electrification measures for low- and moderate-income households and nonprofits/small businesses with a focus on serving disadvantaged communities. The city is partnering with two local nonprofit organizations to administer this program. (AB24357) Approved 6-0, Daniel Hammill excused.
250. Authorize the mayor to award the low bid of $434,910 to Summit Construction of Bellingham for the North Haven tiny house community project? The engineer’s estimate was $821,315. For the property purchase, see the 9/30/2024 meeting, vote #182. The city is working with HomesNOW! to move Swift Haven and Unity Village from their current locations to city property near the intersection of Northwest and West Maplewood Avenues. The site improvements include a shower/restroom trailer, two mobile kitchens units, one mobile launtry unit, and water, sewer and electricity utilities. The city received nine bids; eight were below the engineer’s estimate. The high bid was $904,091. (AB24359) Approved 6-0, Daniel Hammill excused.
251. Appropriate $6,163,961 for payroll checks issued from November 1, 2024 through November 15, 2024? (AB24361) Approved 6-0, Daniel Hammill excused.
252. Appropriate $14,977,400 for goods and services checks issued from November 8 through November 27, 2024? (AB24362/ 24363/24364) Approved 6-0, Daniel Hammill excused.
253. Authorize the mayor to sign an agreement with the Whatcom Conservation District (amendment #1) for support of the Lake Whatcom Watershed wildfire risk reduction program? The council approved the original agreement at the 5/23/2022 meeting, vote #86. The city and district staff will identify private properties with increased wildfire risk conditions that are adjacent to city properties. The district will provide recommendations to cooperating private property owners and will advise the city on wildfire risk reduction actions on adjacent city properties. (AB24365) Approved 6-0, Daniel Hammill excused.
254. Authorize the mayor to sign an agreement with Whatcom County to sell them salt brine for snow and ice operations? The terms of the agreement encompass service limitations, filling operations, necessary training, safety protocols, liability release, user responsibilities for any damages to city property, indemnity and hold-harmless clauses, and the associated cost for services rendered. It is estimated that the sale of salt brine to the county will generate less than $10,000 in revenue. The agreement expires on 12/31/2025. (AB24366) Approved 6-0, Daniel Hammill excused.
255. Authorize the mayor and police chief to sign a renewal agreement with the Bellingham Housing Authority for police services? The housing authority will pay the city $165,364 and provide office space for a drug and crime prevention officer to work directly with staff and residents of housing authority properties and surrounding neighborhoods. The officer will provide both law enforcement and crime prevention services such as setting up block watch meetings, coordinating with the police department crime prevention units in targeted neighborhoods, working to locate drug dealers and providing counseling to juveniles at risk of drug involvement, doing a weekly inspection of multi-family developments and filing monthly reports with the housing authority and an annual report with the city. It continues a program that has been in place 2000, and it expires on 1/13/2026. (AB24367) Approved 6-0, Daniel Hammill excused.
256. Authorize the mayor to sign a financial assistance agreement with Whatcom County for crisis intervention services? Financial assistance — not to exceed $65,000 — is provided by the city to the Whatcom County Health Department for crisis intervention services at 2026 Division Street. The services include 16 beds to provide acute substance withdrawal management services to adults. Sixteen beds are dedicated to provide mental health stabilization services to adults and medication-assisted treatment to mitigate the symptoms of withdrawal and stabilize recovery. The contract terminates on 12/31/2025. (AB24368) Approved 6-0, Daniel Hammill excused.
257. Amend the housing levy administrative and financial plan? The 2019-2028 housing levy is estimated to bring in $4,000,000 per year, totaling $40,000,000. The low-income housing levy was last approved by voters at the 2018 general election. This is the seventh amendment to the plan. The 2018 action plan was approved at the 5/7/2018 meeting, vote #66. These amendments incorporate proposed updates to align with current practices: Manufactured Home Program loan limits raised to $18,000; underwriting is being performed and reviewed internally, rather than using an external board; and pre-development loans are explicitly addressed. AB24354 (Resolution 2024-33) Approved 6-0, Daniel Hammill excused.
258. Increase the solid waste utility tax? This increase from 11.5 percent to 17.25 percent will cost the average residential garbage customer an additional $2.43 per month. Revenues from this tax will be deposited in the city’s environmental remediation fund. The increase will provide approximately $1.1 million per year in revenues to pay debt service on waterfront cleanup, and, after initial remediation construction costs, create long-term funding for clean-up and sanitation work on city property and city right-of-way. The city is expecting to begin remediation of the Cornwall landfill and R.G. Haley sites in 2025. Future remediation projects include the State Street natural gas plant at an estimated $9 million. The most recent cost estimates for the three projects total $45.6 million. The city has successfully secured funding from both the state and the port, leaving the city responsible for approximately $17 million, up to $12 million of which the city anticipates financing through loans and bonds. Service on this debt is estimated exceed $800,000 per year. This ordinance is necessary to implement the 2025 budget as proposed. AB24335 (Ordinance 2024-12-031) Approved 6-0, Daniel Hammill excused.
259. Require the finance director to assign all investment income to the general fund? (Public hearings were held at 10/7/2024 and 11/4/2024 meetings.) This ordinance implements the 2025 annual budget. The city invests excess funds in a common investment portfolio as allowed under state law and in accordance with the city’s adopted financial management guidelines. Monies may be invested on an individual fund basis or may, unless otherwise restricted by law, be commingled within a common investment portfolio. Individual funds with restrictions on investment income shall receive their proportionate share of income derived from the common investment portfolio; all remaining income shall be allocated to the general fund. AB24336 (Ordinance 2024-12-032) Approved 6-0, Daniel Hammill excused.
260. Adopt the 2025 budget? (Public hearings held at 10/7/2024 and 11/4/2024 meetings.) The 2025 budget begins on 1/1/2025. It has operating expenditures of $392,057,194 and capital expenditures of $156,940,883 for total citywide expenditures of $548,998,077. Projected revenue is $432,496,872 — the deficit will be financed from reserves leaving estimated ending reserves at $190,518,295 on 12/31/2025. AB24337 (Ordinance 2024- 12-033) Approved 6-0, Daniel Hammill excused.
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Action Taken at December 16, 2024 Meeting
Mayor’s Report
261. The mayor reappointed Brian Bressler to the Parks and Recreation Advisory Board. The board provides recommendations on plans and programs designed to enable the Department of Parks and Recreation to maintain and improve city parks and provide recreation programs for the general welfare of the people of the city. Brian Bressler was appointed to a partial term at the 3/27/2023 meeting. A lifelong resident of Bellingham, he is director of power-train after-sales at PACCAR Technical Center in Mount Vernon. He has a bachelor’s degree from WWU and a master’s degree from Gonzaga University. His first full term will expire on 12/6/2027, at which time he may be reappointed. (AB24372) Nonvoting issue.
Shall the council:
262. Authorize the mayor to spend $300,000 to purchase 1.92 acres of Lake Whatcom Watershed property with four potential development units from property owner Ian Henderson? (Discussed in Executive Session.) Approved 7-0
263. Authorize the mayor to sign a $325,000 settlement agreement for the dismissal of the Stodola v. Bellingham lawsuit and resolution of all related claims? Claim Amount Requested: $4,120,588. On 10 February 2022, at 6:06 p.m., it was foggy and 43 minutes after sunset when Matthew and Lyndsey Stodola’s son, age 14, wearing a helmet and riding his bike in a marked crosswalk in the 2500 block of Barkley Boulevard, was struck by a truck. He received a skull fracture, multiple spine, pelvic, and extremity fractures, as well as pulmonary contusions, and was airlifted to Harborview Medical Center in Seattle. When the Stodola’s son pushed the button to activated the flashing markers, the one on his side of the street was not working and covered in plastic. It was estimated by a witness to the accident that the driver of the truck was going approximately 35 miles per hour at the time of the accident. The Dodge Charger truck that struck the 14-year-old boy was owned by the federal government and driven by a Department of Homeland Security employee. One year after the accident, the then 15 year old, felt that he had essentially made a full recovery. His father described his recovery as “remarkable.” His only problem was his persistent inability to smell. The parents filed a federal lawsuit against the City of Bellingham, the federal government and the driver of the truck for negligence and were seeking general and special damages. According to an article in The Bellingham Herald, the federal government settled with the family. (Discussed in Executive Session.) Approved 7-0
264. Approve the mayor’s reappointment of Jacob Stewart to the Greenways Advisory Committee? The Greenways Advisory Committee shall identify, develop, review and recommend selection criteria, general project priorities and specific actions relating to the expenditure and allocation of Greenway Levy Funds. Jacob Stewart was initially appointed at the the 12/13/2021 meeting, vote #235. He has lived in Bellingham for the past 18 years, has a B.A. in English literature, and serves as the chief compliance officer and anti-money laundering officer at Saturna Capital. He reportedly reads city master plans and DNR geology reports for fun. His two-term limit expires on 12/13/2027. (AB24371) Approved 7-0
265. Authorize the mayor to award the low bid of $1,306,658 to Strider Construction of Bellingham for 12th and Finnegan multimodal safety improvements project? The engineer’s estimate was $1,318,852. Improvements include a traffic signal at the intersection of 12th Street and Mill Avenue, new rectangular rapid flashing beacons at 12th Street and McKenzie Avenue and 11th Street and Finnegan Way, as well as new on-street parallel parking, sidewalk and street trees along a section of Finnegan Way between Mill Avenue and 11th Street. Completion will be dependent on acquisition and delivery of traffic signal poles, which can have exceptional long lead times. The city received six bids; the high bid was $1,429,338. (AB24373) Approved 7-0
266. Authorize the mayor to sign an updated agreement with Whatcom County for the Ground Level Response and Coordinated Engagement (GRACE) program? At the 1/28/2019 meeting, vote #13, the council authorized the mayor to sign a $140,000 per calendar year agreement with Whatcom County to support the creation of the GRACE program. The overarching program goals are to reduce first responder calls, emergency department visits, arrests, and jail admissions while improving the health, well-being and stability of these individuals. In addition to the city and county, PeaceHealth Medical Center, area municipalities and tribal nations, are also community partners in GRACE. The city’s contribution will be 40 percent of the program expenses, which will be $403,698 in 2025 and $415,358 in 2026. (AB24376) Approved 7-0
267. Appropriate $5,219,304 for payroll checks issued from November 16 through November 30, 2024? (AB24377) Approved 7-0
268. Appropriate $8,136,016 for goods and services checks issued from November 29 through December 5, 2024? (AB24378) Approved 7-0
269. Authorize the mayor to accept a $165,000 state grant to fund a community solar study? The city will evaluate 29 city owned sites for their potential to host community solar installations which could benefit low-income residents in Bellingham. A technical consultant chosen by the city will shortlist the most promising sites with an aggregate capacity of at least one megawatt. These shortlisted sites will undergo detailed feasibility studies and conceptual design, including electrical analysis, design drafting, budget estimating, and identifying construction challenges. The study will also prepare the city for grant applications submissions aimed at funding solar installations. (AB24379) Approved 7-0
270. Authorize the mayor to sign an extension to the forestland response agreement (amendment #1) with the state of Washington? At the 12/9/2019 meeting, votes #211 and #212, the city entered into a forestland response and fire district assistance agreements with the Washington Department of Natural Resources (DNR). It covered how Bellingham fire and state fire resources work together in forested areas inside and adjacent to the city. The DNR is in the process of changing the format of this agreement and does not have a new agreement. The agreement expires on 12/31/2024. This one-year extension of the current agreement will give their staff an opportunity to update the format and get it through legal review in their agencies and other fire agencies across the state. (AB24380) Approved 7-0
271. Authorize the police chief to sign a distribution agreement with the Seattle Police Department for radiation detectors and associated equipment? The Seattle Police Department is acting as a pass-through entity for this federal grant of $57,020. The grant is for equipment to help detect radiological/nuclear materials, preventing terrorist attacks and other high-consequence events in the United States. (AB24381) Approved 7-0
272. Authorize the mayor to sign an agreement with Whatcom County to renew probation services? The city of Bellingham contracts with Whatcom County for probation services for persons who have been found guilty of violating ordinances of the city. The city will commit an annual amount of $50,000 for this program. Active probation services include: monitoring compliance with drug, domestic violence, mental health, sexual deviance and other court-ordered treatment programs; monitoring completion of community service and payment of restitutions; indigence-status assessment; bail studies; and conducting breath, urine, and oral substance testing. The agreement expires on 12/31/2025. (AB24382) Approved 7-0
273. Increase fees at parks and recreation facilities? Recommended changes include increasing the facility fees at Arne Hanna Aquatic Center; adjusting fees at select park facilities to align fees with facility amenities; increasing Lake Padden Golf Course green fees; and the addition of a cleaning fee of $50 an hour. AB24374 (Resolution 2024-34) Approved 7-0
274. Amend the 2023-2024 biennial budget (amendment #16)? Add $4,975,000 in expenditure authority and $3,210,000 in revenue authority. This final budget amendment of the year adds expenditures to the museum ($40,000), library ($100,000) and legal departments ($50,000) — which are marginally close to their budget authority — and non-departmental ($600,000). It also adds revenue for the cemetery ($60,000), golf ($50,000), and parking funds ($250,000) to recognize increased economic activity and related expenses. The Medic One adjustments ($1,230,000) recognize all contracted revenue with the county and adds budget authority for interfund loan debt payments, retro pay, and increases in overtime. Lastly, for the workers’ comp fund ($105,000), the ordinance recognizes the 2024 rate increase, authorizes an interfund loan up to $600,000, and increases expenses for claims, payroll, and insurance payments. AB24358 (Ordinance 2024-12-034) Approved 7-0
275. Repeal sections of city code that are obsolete, preempted, unconstitutional or otherwise unenforceable? Included are chapters “Building Services Division Advisory Board,” “Fair Housing Practices Commission,” “Industrial Development Corporation,” “Single-Use Carryout Bag Ordinance,” “Union Neutrality by Persons Receiving Government Funds,” “Juvenile Curfew Ordinance,” as well as the removal of the mayor’s empowerment to forbid the possession and sales of firearms. AB24360 (Ordinance 2024-12-035) Approved 7-0