Bellingham City Council

Compiled by Boris Schleinkofer

Action Taken at January 7, 2019 Meeting

Shall the council:
1. Approve the mayor’s reappointment of Sharon Rice as the Bellingham Hearing Examiner? Sharon Rice provides hearing examiner services for eight cities and three counties. The City Council approved her initial appointment as a temporary hearing examiner at the 6/23/2014 meeting, vote #124. The mayor decided it would save money to keep Sharon Rice as the hearing examiner rather than appoint a full-time hearing examiner. She was appointed for one two-year term at the 1/26/2015 meeting, vote #11, and 12/18/2016 meeting, vote #218. Day of service fee will increase from $850 to $900; hourly writing fee to increase from $135 to $140. Her current term will expire on 1/26/2021. (AB22161) Approved 7-0

2.Authorize the mayor to award the low bid of $629,814 to Strider Construction of Bellingham for Cordata Safe Routes to School? The engineer’s estimate is $836,582. The project includes installation of new pedestrian and bicycle facilities along the east side of Aldrich Road in two locations in order to complete tier-one sidewalks and bike lanes between Northwest Road and Cordata Elementary School. The city received 15 bids, 12 of which were below the engineer’s estimate. The high bid was $910,863. (AB22162) Approved 7-0

3. Authorize the mayor to sign a three-year agreement with Whatcom County and the Port of Bellingham regarding a coordinated approach to funding and contracting with the Small Business Development Center? The center is located at Western Washington University. Services include business retention, business expansion, assistance to start-ups, research and data support, and marketing efforts. At the 12/13/2010 meeting, vote #235, the city joined with Whatcom County and the Port of Bellingham on a multi-year basis to increase efficiency in coordination of economic development activities. The agreement was extended at the 12/9/2013 meeting, vote #271, and 11/14/2016, vote #194. Appropriated in 2019 will be $86,150, in 2020 it will be $88,735 and in 2021 it will be $91,397. (AB22163)Approved 7-0

4.Appropriate $162,837 for the construction of a boathouse for the Salish Star fireboat? The city sold a fire fighting boat in late 2011; city staff said expenses in maintaining the aging boat could not be justified. On 3/30/2012, less than six months after the boat was sold, a Squalicum Harbor fire killed two people and destroyed 12 boats. At the 10/28/2014 meeting, vote #232, the city received a $750,000 federal grant to purchase a fire fighting vessel and named it the Salish Star. It will cost $325,674 to build the boathouse; the city and the port will share the costs of construction. The port has also agreed to provide moorage for the Salish Star at no cost to the city, and costs for ordinary maintenance and repairs to the boathouse will be shared. (AB22164) Approved 7-0

5.Approve the mayor’s reappointment of Mike Estes to the Planning and Development Commission? Mr. Estes is 16-year resident of Bellingham. He was initially appointed to a partial term at the 2/27/2017 meeting, vote #32. When initially appointed, he was chief technology officer at PriceWaiter in Bellingham. He has served on various political boards, campaign teams, and committees, including chairing the Whatcom Democrats from 2012-2014 and serving on the Whatcom County Redistricting Committee in 2016. His first full term will expire on 1/1/2023. (AB22169) Approved 7-0

6.Appropriate $3,413,792 for payroll checks issued from November 16 through November 30, 2018? (AB22170) Approved 7-0

7.Appropriate $8,635,957 for goods and services checks issued from December 1 through December 21, 2018? (AB22171/22172/22173) Approved 7-0

8.Accept a property donation? The Cordata Business Park Association is donating two undeveloped parcels totaling 4.25 acres known as Wetland A. The parcels are located on Cordata Parkway between Stuart and Horton roads and are surrounded by the existing city property known as Cordata Park. The parcels are utilized for stormwater and together form a wetland property. Staff has worked with owners of adjacent properties on an agreement regarding how the property will be utilized for stormwater and to share in the cost of maintenance so as to obtain a clean environmental site assessment. Closing costs are estimated at $1,000. Maintenance of this property will be shared with adjacent property owners per a stormwater facility agreement. AB22127 (Ordinance 2019-01-001) Approved 7-0

Action Taken at January 28, 2019 Meeting

Shall the council:
9. Authorize the mayor to settle two claims in the Bradley Ginn, Sr. matter? When the body of Bradley Ginn, Sr. was waiting at a fire station to be transported to a funeral home, 11 Bellingham Fire Department employees admitted to attempting to intubate the man in contradiction of a “do not resuscitate” order. Three family members filed claims for damages with the city: one claim is for the sum of $250,000, the second for $350,000, and the third for $15 million. The $15 million claim and the $250,000 claim were settled. Both payments was in the amount of $75,000. (Discussed in Executive Session) Approved 7-0

10.Authorize the mayor to hire outside legal services to represent a former city employee named in the Smith v. city of Bellingham lawsuit? The following was taken from a Western District Court filing. Joshua Smith was arrested by former Bellingham police office Brooks Owen Laughlin after Mr. Smith requested his encounter with Laughlin be recorded. Laughlin then proceeded to assault Mr. Smith, kicking him in the testicles multiple times, driving his head into a wooden fence and twisting his middle finger until it cracked. Officer Laughlin threw his body camera into the grass so the incident would not be recorded. The police were looking for Mr. Smith because he assisted his 18-year-old girlfriend in leaving her home after an argument with her parents. Mr. Laughlin was found guilty of domestic violence abuse and sentenced to up to eight years in prison. (Discussed in Executive Session) Approved 7-0

11.Authorize the mayor to sign an agreement with Whatcom County to establish the Bellingham-Whatcom County Commission Against Domestic & Sexual Violence? The city of Bellingham and Whatcom County created the Commission Against Domestic Violence in 1998. The 1998 agreement, in combination with this ordinance, will expand the scope of the commission to include both domestic and sexual violence with automatic renewals. The commission shall consist of up to 31 members, including 17 designated government or organizational representatives and 14 members from the community. Of the community members, the mayor and county executive will appoint seven each. The commission’s goals will be to develop and implement a coordinated comprehensive domestic violence plan that is monitored, evaluated, and updated on a regular basis; to promote coordination and increase collaboration of institutions, systems, and services as they respond to offenders, victims, children, and others who have been impacted by domestic violence; and to prepare an annual report. The city will provide $60,000 to the commission in 2019. (AB22183) Approved 7-0

12. Increase the fees for city parks and recreational facilities? Park facility use fees were last changed at the 12/12/2016 meeting, vote #223. Key recommended changes for park facilities include the elimination of seasonal rates, reducing fee types for athletic facilities, and minimally adjusting rates at some facilities to off-set increasing costs and facility enhancements. The proposed changes will not significantly increase revenue but will simplify fee schedules for users and reduce administrative overhead. Staff are also recommending removing fees at two facilities to reduce barriers for public use and increase activity in the parks. AB22185 (Resolution 2019-01) Approved 7-0

13.Authorize the mayor to sign a $140,000 per calendar year agreement with Whatcom County to support the Ground-Level Response and Coordinated Engagement (GRACE) program? Whatcom County and the city of Bellingham together are leveraging their funding resources on a multi-year basis to support the GRACE program. The city has been supporting the precursor to this program through the Whatcom Alliance for Health Advancement (WAHA), Intensive Case Management program over the past few years. They worked in partnership with the Community Paramedic to engage high-risk, high-need individuals with high utilization of emergency care, intensive care, behavioral health, and/or criminal justice services. Whatcom County is the designated administrator of the SeaMar contract, which will operate the program. The agreement terms are valid from 1/1/2019 through 12/31/2020, they can be extended by mutual agreement. (AB22189) Approved 7-0

14.Approve the mayor’s reappointments of Bret Beaupain and Mark Buehrer to the Transportation Commission? Mr. Beaupain was originally appointed at the 1/11/2016 meeting, vote #2, has lived in Bellingham for the over 15 years, is a civil engineer, and has worked in transportation, stormwater and utility planning, design and analysis. Mark Buehrer was originally appointed at the 3/7/2016 meeting, vote #39, is a civil engineer, owner of 2020 Engineering, and has lived in Bellingham for 29 years. He was formerly a project engineer for the Ohio Department of Transportation, and has made presentations at international conferences on alternative transportation systems. The Transportation Commission was established at the 8/10/2009 meeting, vote #183; it took over the duties and responsibilities of the Parking Commission and the Bicycle and Pedestrian Advisory Committee, both disbanded at the end of the year. It takes a long-range, strategic look at transportation issues and provides recommendations on policy choices and investment priorities.The final term for Bret Beaupain will expire on 1/11/2022 and the final term for Mark Buehrer will expire on 3/7/2022. (AB22190) Approved 7-0

15. Authorize the mayor to sign an agreement with Whatcom County for the Aquatic Invasive Species (AIS) boat inspection program? The city manages the AIS program on behalf of the Lake Whatcom Management Program. This agreement formalizes the partnership between the city of Bellingham and Whatcom County to implement the AIS program. At the 7/2/2012 meeting, vote #140, the council passed an ordinance prohibiting the release or spread of invasive species in Lake Whatcom and Lake Padden. Whatcom County will provide $123,000 in 2019 and increasing annual compensation amounts based on an inflation factor that recognizes increased costs for provision of boat inspection and related AIS services. The contract will renew annually unless cancelled by either party. The proposed agreement is consistent with the level of service direction provided by the City Council, County Council, and the Lake Whatcom Water and Sewer District Commissioners. Previous agreements were approved in 2013, 2014, 2015 and 2017. Total program costs are anticipated to be approximately $500,000 allocated among the participating governments. Net cost to the city of Bellingham will be approximately $177,000. (AB22194) Approved 7-0

16. Authorize the mayor to sign an agreement with the Lake Whatcom Water and Sewer District for the Aquatic Invasive Species (AIS) boat inspection program? This agreement formalizes the partnership between the city and Lake Whatcom Water and Sewer District to implement the AIS program. The Lake Whatcom Water and Sewer District will provide $50,000 in 2019 and increasing annual compensation amounts based on an inflation factor that recognizes increased costs for provision of boat inspection and related AIS services. The contract will renew annually unless cancelled by either party. The proposed agreement is consistent with the level of service direction provided by the City Council, County Council, and LWWSD Commissioners. (AB22195) Approved 7-0

17. Authorize the mayor to sign an agreement with Whatcom Transportation Authority for police presence? This $68,414 agreement continues the 10-year relationship with the Transit Authority; a uniformed officer is assigned to the city center station during the hours of 3 p.m. to 7 p.m. on weekdays and 2 p.m. to 5 p.m. on Saturdays. The assigned officer provides foot patrol, security and community assistance to users and employees of WTA. The agreement runs from 1/1/2019 to 12/31/2019. (AB22196) Approved 7-0

18. Authorize the mayor to sign a renewed agreement with Bellingham Housing Authority for police presence? The contract was first approved at the 4/19/2004 meeting, vote #69. This $113,525 agreement provides one assigned officer who will focus on crime prevention, drug prevention and assistance to housing authority staff and residents living in all housing authority owned/or managed complexes. This officer also engages in problem solving efforts in neighborhoods surrounding housing authority owned/or managed complexes. The agreement runs from 1/14/2019 to 1/13/2020. (A22197) Approved 7-0

19. Appropriate $5,496,277 for goods and services checks issued from December 22, 2018 through January 18, 2019? (AB22198/22199/22200/22201) Approved 7-0 20. Appropriate $6,880,464 for payroll checks issued from December 1 through December 31, 2018? (AB22202/22203) Approved 7-0

21. Increase fees at Bayview Cemetery? Cemetery fees and charges were last adjusted at the 2/24/2014 meeting, vote #26. Since then, the cost of staffing the operations and maintenance has increased. Currently, the annual cost of maintenance and operations is $436,468, with approximately half of this amount coming from revenue and half from a general fund subsidy, which fluctuates annually depending on revenues generated. A 5 percent increase in fees for goods and services will be implemented to offset increases in the cost of labor, utilities, materials and services, and to keep the general fund subsidy of the cemetery at approximately the same level. Fees at other public and private cemeteries in the region were evaluated in determining the proposed fees. Bayview Cemetery will be opening a Scatter Garden with stone memorial markers in 2019, providing additional options for the community and revenue for the cemetery fund. Additional estimated revenue of $16,500 per year will be generated. AB22186 (Resolution 2019-02) Approved 7-0

22. Amend the green fees at Lake Padden Golf Course? The last green fee increase was approved at the 1/14/2008 meeting, vote #13. It increased green fees by 3 percent yearly from 2010 to 2017. At the 10/9/2017 meeting, vote #174, the council approved an exemption to the city’s living wage requirements for the management of the Lake Padden Golf Course. In December 2017, the city entered into a new management agreement with Premier Golf Centers to operate and maintain the Lake Padden Golf Course. The city and Premier agreed to freeze all fees for one year and work to evaluate current fees. Changes proposed include a slight reduction in fees across the board, and authorizing the sale of annual passes to keep the course affordable and competitive with other golf courses in the region. Premier would also like to begin using a dynamic pricing program which would allow golf rates to fluctuate based on demand, without exceeding the rates established by council. Premier is estimating that approximately $200,000 of additional revenue will be generated in 2019. AB22187 (Resolution 2019-03) Approved 7-0