City Council - Regular Meeting

[Music] All right. Welcome to the regular meeting of the Bellingham City Council this July 7th, 2025. Go ahead and call this meeting to order. Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act.

Before we begin, we acknowledge that we are gathered on the traditional and unseated territory of the Lamei Nuksac, Samish, and Seamyamu people who have cared for and tended this land since time immemorial.

Truth and acknowledgement 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.

The Bellingham City Council provides Spanish interpretation at all regular evening meetings. Interpretation can be accessed by in-person attendees by utilizing the headsets located at the front of the room.

Remote viewers can log on to co.org/cczoom. orcczoom and click on the language icon at the bottom of the screen to listen in Spanish. And I'll go ahead and let our our interpreter repeat that. Mul language.

Thank you. And I've got a couple of announcements. The city council will hold two public hearings on July 21st, 2025. First, a public hearing for consideration of a petition by property owners to annex approximately 146 acres of land into the city of Bellingham.

The annexation area is located within the city's northern urban growth area adjacent to the city limits and known as the Britain Road Northern Heights annexation. And second, a public hearing for consideration of the adoption of the Barkley Urban Village and Associated Development Regulations on property owned primarily by Talbot Real Estate LLC.

Detailed information on each of these hearings can be found on uh the website at meetings.co.org for f for uh 5 days prior to the meeting. Uh the city council seeks members for initiative pro and con committees.

The city council is seeking volunteers to serve on committees tasked with writing the pro and con statements to appear in the voters's pamphlet for city of Bellingham initiative number 205-03 prohibiting landlords from interfering with tenants engaged in protected activities.

Please submit your name to ccmail@cub.org if you are interested in serving on either of the committees. The council will appoint up to three members to serve on each committee. Roll call, please. Anna Stone here.

Dan Hamill here. Skip Williams here. Lisa Anderson here. Michael Liiloquist here. Jay Scotten here. Holly Huffman here. All council members are present. Thank you. And up first we have a public hearing.

So this is a public hearing on resolution a resolution authorizing the relinquishment of a public utility easement located with in vacated Oda Street and East Laurel Street that is surplus to the city's needs.

So the proposed resolution provides for the relinquishment of a surplus utility easement that encumbers real property known as 103 Oda Street. The proposed relinquishment comes to city council for decision upon application of the property owner to facilitate development of private property.

The public works department has reviewed the request and determined that the portion of the easement that encumbers the subject property is surplus to the city's needs and not needed for utility service.

So it looks like here I will turn this over to Mike Wilson, the assistant public works director for engineering. Thank you. It's a pleasure to be here this evening with you again. My name is Mike Wilson, the assistant director of public works over the engineering group and we're recommending that uh city council approve the easement relinquishment as outlined in the packet.

It's at the vicinity of Otis and Laurel Street. The specific site address is 103 Otis Street. the this the rightway was vacated in 1958 and subsequent to that we re we retain an easement for utilities and as it's coming forward for development we've been asked to assess that the need for the easement we do not have a need as a city for any of our public municipal utilities and we've vetted it with the franchise utilities and there's no utilities of that nature that exist in the easement nor are they forecasted to be needed there as well.

So we u with that background we u recommend that uh the relinquishment be approved and u it requires a public hearing as part of that process. Thank you. Okay. Thank you. Any uh clarifying questions before we open up the public hearing?

Council member Stone. So I guess my one clarifying question is just how parcels are identified because I know in most of the materials related to the packet it refers to one3 Otis Street as you referenced for the lot.

Um but the relinquishment on page 8 references the subject site as the 1223 to 1229 East Laurel Street. And I was just curious how lots are named. I know if you're on a corner, right, and there are two frontages, how we determine what the lot title is?

Yes, the the configuration on the existing home fronts on ODA street as they redevelop and install the four lots, they'll face on Laurel Street. So, that's the range of of uh the that's why the addresses are changing.

Thank you. Okay, we can go ahead and open up the public hearing. We have anybody signed up? We have no individuals signed up for the public hearing. Okay, we can go ahead and close the public hearing then, council.

Council member Anderson, thank you. I do have a question. Um looking at the the GIS map provided to us um the you know the blue and the pink um lines indicating uh catch basins and services and it looks like our water um access points is um it looks like it's almost in the street.

I went out there because this is about a block from my home to take a look at it and I just want to uh verify that our water um is actually in the street and dependent on the improvements the street level improvements they'll be putting in I'm assuming sidewalks and stuff to spec that that's not going to interfere with any um access in the future to be able to do any pipe work.

that is an older part of the community and we're talking about replacing pipe work because of the infrastructure. So, I'm not sure if this is a slated area in the future. That is correct. There there are existing utilities and there's a fire hydrant shown on that drawing as well and uh those are within the remaining ride ofway and we'll have adequate room to maintain those and replace those if needed.

Thank you. Any further questions or comments from council? Council member Hamill. Uh move to approve. Second. Got a motion by Council Member Hamill and a second by Council Member Williams. Any further discussion?

Seeing none, all in favor say I. I. Any opposed or abstensions? That passes 70. Thank you so much. And next up, mayor's report. Though I hear we may not have anything to report with no advisory appointments this evening.

There's no mayor's report. All right. Well, thank you, mayor. Good evening, council, staff, and members of the community that are here. Moving right along, uh we will move on to committee reports. Uh first up, we have public works and natural resources, and that committee was chaired by council member Stone.

Thank you, President Hudsman. This afternoon, I was joined on the public works and natural resources committee by council members Anderson and Cotton. We had two items before us. The first was agenda bill 24591.

This is a request for water service outside city limits at 1606 Mount Baker Highway. The owner and occupant of the existing residence at 1606 Mount Baker Highway has been informed by the Watcom County Health Department that the well that serves the residents should not be used as a drinking water source.

The owner has applied to the city of Bellingham for direct retail water service from an existing city main near the property. The property is located outside the city's urban growth area. So, pursuant to Bellingham Municipal Code Chapter 15.36, the city is authorized to establish a new retail water service connection outside the city's urban growth area only if the service is necessary to protect basic public health and safety, the environment, and will not permit urban development.

The public works director has determined that the standard has been met in this case and recommends entering into a contract to provide retail water service to the existing residents. Um we were joined this afternoon by Mike Wilson, assistant director of public works for the engineering group and just wanted to mention this is a residence that was constructed in 2023.

Um but then subsequent to that time there was um work completed by the Washington State Department of Transportation um doing some work in the area with respect to the bridges that had subsequent negative impacts to the water um the water source and the quality of the water water there at that location.

Um, so at this time we were also joined this afternoon by Scott and Kelly Ron who are the property owners making this request for the city. Um, and there was a unanimous recommendation from the committee to move to authorize the mayor to enter into water service agreement and I so move.

Second motion by the chair and a second by council member Anderson. Any further discussion? Seeing none, all in favor say I. I. Any opposed or abstensions? passes 70. Thank you very much. The next item before the committee this afternoon was agenda bill 24592.

This was a Watcom region safety action plan presentation. So the Watcom Council of Governments presented information about the safety action plan. The goal of the plan is to improve the transportation system within the region by gathering data and developing strategies to reduce crashes on all public roads.

The plan is used to create eligibility for grant funding opportunities at locations identified as potentially benefiting from safety improvements. And this afternoon we were joined by Hugh Conroy who is the director of the um AACOM Council of Governments.

And the presentation included some um detailed reports and takeaways from the um the report and looking at causes for accidents that resulted in death or severe injury. Um and then looking at potential, you know, actions that can be taken to reduce the number of acts.

Um some of that is related to infrastructure changes and some of that's related to driver behavior. Right? if you have distracted driving um or if the driver is intoxicated or under the influence. Um obviously there are some some impacts beyond just the the infrastructure.

So utilizing that information in future city planning as far as our you know safety infrastructure, thinking about the protection of bicyclists as well and pedestrians on roadways in addition to traffic calming measures um to help reduce speeds and things of that sort.

But certainly the um the behavioral piece, right, is a more challenging piece to address with respect to um to transportation and driver safety. But I just wanted to highlight that there are specific sheets that highlight or sections of the report that highlight particular corridors.

So through the report, we're looking at um areas within the county that had ranked high for the number of incidents. Um and so looking at number one being Interstate 5, but then number two Northwest Avenue and then Old Fair Haven Parkway, Meridian, West Baker View Road.

So you're looking at, you know, mostly major um thorough affairs or arterials in our community. Um and so the extensive report is available online and you can also focus on particular areas of the city you know based on that report if there are particular intersections or roadways that you have particular interest in.

So if people want more information I would encourage you to um watch the presentation from this afternoon. And in addition, a copy of the plan can be found at w-red d-1 jun n25.pdf. So that is it stands for w the watcom um council of governments and then the um RSAP is the region safety action plan adopted June 11th 2025.

Um, so this was just coming forward for information and discussion only. There was no action taken at this time. And so with that, we adjourned and I will send it back to you. Thank you, Council Member Stone.

And up next, we had the budget and finance committee and that was chaired by Council Member Anderson. Thank you. Um, put my reading glasses on because there's so much today. We had five items before us.

Um, so joining me today was Council Member um, Michael Eloquist and Council Member Dan Hamill. Um, presenting on all five was our public works deputy director, Mike Olinger. Our first item was bill number 24593.

Basically, a utilitywide financial update proposed rate increases and proposed expansion of customer assistance program. The city of Bellingham is actively engaged in long range planning for its essential public utility service.

Staff will provide or staff did provide a financial update and overview of the propo proposed rate increases for each of the utilities water, sewer, and storm water. Staff also briefed council on the proposed expansion of the customer assistance program and proposal to hold the watershed fee flat for the next three years.

Um the ordinances that we reviewed which I will cover here shortly um basically was uh covered in the first section as a um information piece. Uh a little background um the city of Bellingham is an old multiple small town uh basically morphed into a large city or larger city.

A lot of our infrastructure is very aged. Some of our water pipes are over a hundred years old. Um, our intake for water in Lake Wacom that goes to basin 2 is actually a wood um, pipe and that's all we have to bring the water in to bring towards treatment.

if it should fail, our ability to really provide clean, drinkable water to Bellingham is going to really go on emergency level to do something temporarily. And so, basically, the bill is due. Um, for years, uh, some of the infrastructure needs weren't necessarily addressed because they weren't at that point perhaps of breaking.

But we're now at a point that we need to update pipes so that we can fully service to make sure that we have the fire hydrant and fire suppression level needed across certain areas of the city. Um eventually the city will expand whether it's north or south.

And the reality is a lot of the work that we're doing isn't necessarily about um creating opportunities for the new housing. it will help but it's really basically shoring up the infrastructure of the city already in place.

on the side for um the sewer section. Um we basically stopped a project several years ago because uh the realization that PAS would be still left in the um material that was intended to become compost and uh evidence was really showing that was not a good environmental decision.

So, we're continuing to uh do maintenance and some upgrades of our current facility until we're able to um identify what we'll be doing with Post Point um which will be further down the line. We're fine for sewer treatment, but it is going to cost some upgrades.

Originally the staff had brought forward a 10 to 20year financial plan and council decided that we really wanted to take a smaller bite and do three years with the absolutely known work that we have to go forward with and there are some unknowns like um what is going to happen with the department of ecology when it comes to the nutrient reduction um in storm water and the the waste.

So, we're working with ecology and trying to figure out exactly what that's going to look like and that will help identify some of the future work we need to do. Um, so right now we were considering um rate increases for the next three years knowing that it's not the end of the conversation, but at least it's going to get us through the things that we really need to do currently.

So, the first bill um item was basically going through a lot of that information. If you want to do a deeper dive, definitely um go back and take a look at the video. There's a lot of good information there and I could probably spend two hours covering it all, but I'm sure people here tonight would not want that um because there's things to move on to.

But it does mean that um just as an example, an average uh single house like a average uh utility for wastewater and sewer is about $135 a month. Based on the rate increases we're going to be seeing um in the next few years, it could go up to 189 185 per month.

So, it's a sizable jump, but it's because there's hundreds of millions that need to be spent to shore up our infrastructure. Um, but because of that, the last item I'll cover is how we're expanding um the eligibility for rate reduction, rate reduction for lowincome households.

So, um we're trying to create that balance. So again the first item the bill number was for information and discussion only but it provided the foundation for the next four. So the next bill item 24594 was an ordinance regarding the water utility use rates amending Bellingham Municipal Code Chapter 15.8.

staff presented again the utilitywide rate information to the city council on April 14th, May 19th, and July 7th. Um the proposed ornament ornament ordinance implements the new proposed three-year rate schedule for water utility.

Um the committee voted to uh approve and I so move. Second. Motion by the chair and a second by council member Hamill. Any further discussion? Council member Loquist. Yeah, I'd like to offer some comments really about all three of these next ordinances.

Um, the first one's not pretty, the first one's not great. Next one's okay. The third one's pretty bad. And they're bad because they're raising your utility rates. Typical home, $20 more every month and then 20 more, actually 18 more, 20 more than 17 more.

So, increases every year. Um, and I really don't like that because I know people are struggling. And as uh council member Anderson indicated, the fourth item is a discount for low-income households. That takes some of the sting out of it.

Um but I have to be mindful that there are some things we can't protect from. For example, these utility rates we've rolled into rent in the most case and renters are already facing enormous pressure and landlords can't be expected to eat these costs entirely.

Um I've been actually struggling with this issue more than any other issue in the last couple months. Some issues, and you know what they are, have enormous personal and significant impact, but there's a moral clarity to them.

So, they're actually not that difficult. Other issues have clear solutions or their straightforward answers. And um we've passed some uh legislation recently had large significant changes in how the city will conduct its policy, but the policy preferences are clear.

And so, they're actually not that hard. This one is hard because it's a direct collision of two things that matter to me. keeping Bellingham affordable so people can live here and maintaining our infrastructure so we actually have you know clean water coming out of the pipes and we when we flush the toilet it goes someplace is properly taken care of.

Um we are looking at far larger financial decisions in these infrastructure plans than any other thing we do. Most people don't realize it but this city spends most of it money on infrastructure. This is bigger than our annual decision about raising taxes.

This is really very big and like many other issues it's difficult to me because I think I don't have a choice in that I need to be responsible. We cannot let our infrastructure get behind. We cannot be one of those communities who has these incredible burdens of unmaintained infrastructure.

So we've got to do this. But I want to acknowledge that this really is difficult for me because it directly hits affordability for many households and that I would normally vote against something but I can't in this case.

So that is that is uh explaining my point of view. I will be voting for all these um rate increases even though I understand that it will be difficult for many people. Any questions or comments? Right.

Seeing none, all in favor say I. I. Any opposed or abstensions? Passes 70. So, one of the liberties of reading off this, I can actually backtrack because I forgot to mention one thing. Um, the comment was brought forward regarding um the cost of development.

And um I've heard from community members that you know they didn't want their rates to go up so that developers could build a whole bunch of housing and and not foot the bill. And that's not what happens.

Um the reality is is that if we need to increase the size of a pipe going to a particular location, then when that developer decides to build a hundred houses, that pipe, their pipe work hooks to ours and there are fees for that implementation and that helps offset and cover the cost of putting the pipe in to start with.

So developers will be bearing some of the costs at the appropriate percentage as we go forward. So, um, your increased rate is not funding developers. And I just wanted to put that on record because I've heard from two people already regarding that.

So, just put it out on the public sphere. So, the next item, um, 24595, an ordinance regarding sewer utility rates amending Bellingham Municipal Code Chapter 15.12. staff presented utilitywide rate information to the city council on April 14th, May 19th, and July 7th, 2025.

The proposed ordinance implements a new proposed three-year rate schedule for the sewer utility. Um, the committee voted to approve and I so move. Second. Motion by the chair, second by council member Hamill.

Any further discussion? Seeing none, all in favor say I. I. Any opposed or abstensions? That passes seven. Going on to the next one. Um, bill number 24596. Um, an ordinance regarding surface and storm water utility service rates amending Bellingham Municipal Code 15.16.

Staff presented utilitywide rate information to the city council on April 14th, a u May 19th and July 7th, 2025. The proposed ordinance implements a new proposed rate schedule for surface and storm water utility.

The committee voted to approve and I so move. Second motion by the chair and a second by council member Hamill. Any further discussion? Seeing none. All in favor say I. I. Any opposed or abstensions? That passes 70.

Thank you. The last item, um, bill number 24597, an ordinance regarding the city utility customer assistance program for lowincome households amending Bellingham Municipal Code Chapter 15.04. Staff presented utilitywide rate information to city council on April 14th, May 19th, and July 7, 2025.

The proposed ordinance expands the utility customer assistance program for lowincome households. Um on this one, there was several uh large changes uh that were requested by council that our previous uh lowinccome was really meant for low-income housing providers.

They received a discount and lowincome senior citizens, they were able to apply and receive a discount. We've expanded that to um the percentage that are lowincome housing providers. It will be a larger percentage.

I believe it was from 10 to 25%. And then um we've expanded the um the community members who are eligible. So, if you live in a unit and receive a water bill and you qualify as a lowincome community member, then you can apply to receive a certain percentage reduction on your water bill.

That information will start to roll out um in a couple of months to get things ready for the beginning of the year. So, if you receive a water bill and you and your household are considered lowincome, definitely keep your eye on that so that you can help um reduce that overall cost.

partly to be able to fund this is um currently it's like a $160 or something uh a month um goes into that fund from our rate payers and it will be moving up to roughly around three times that but under $5 and so we'll help offset so the overall cost of what we need is funded but we'll be able to provide more assistance across the community.

Um so um the committee voted to approve and I so move second motion by the chair and second by council member Hamill. Any further discussion? Council member Hamill. Yeah. I just wanted to provide a little more clarity on this.

This is um um not just folks there's 52 um affordable housing projects in city of Bellingham. This would this would affect uh the folks that live in those housing projects. Um, so they're making about 60% of the area median income or AMI is what they what they call it in the industry.

Um, and then there's other um percent reductions um for folks that are making less than a 30% of the area median income. Um 75% reduction for that. And then there's a 50% reduction for folks that are between 30 and 50% for area median median income.

And then there's a 25% reduction uh for folks that are between 50 and 80%. So 80% would be like culinary land trust folks that that's 80% of area median income. They would receive a benefit. This is not perfect, but um it's we're starting to get better when it comes to the the rate reductions.

Um, and as Council Member Anderson pointed out, this infrastructure, a lot of it's 100 years old, and we have we have wooden pipes, we have um clay pipes, and we have to replace them. We've got to get this um under underway.

And so there is this it's called the CAP. It's the um customer assistance program for folks with lower incomes. So there that's built into and baked into this the structure. I think it's a good start.

It's not perfect. Uh we need to go a little bit uh further with it, my opinion. Um but I think that it's it's uh it's a a good start. So let's finish with that. Thanks. Further comments from the council.

Seeing none, all in favor say I. I. Any opposed or abstensions? That passes 70. End of committee. Thank you, Council Member Anderson. And up next we had Parks and Recreation and that was chaired by Council Member Williams.

Thank you, President Huffman. We had one item on our agenda today and I was joined by Council Member Cotton and Council Member Stone and uh that was agenda Bill 24598. And the subject was a contract award for the 100 Acre Wood phase 1B improvements.

And uh this phase of the 100 acre wood project um in includes mitigation planting, habitat restoration, and improving existing trails in the in the 100 acre wood. Key components of the project are trail narrowing, native planting, trail resurfacing, habitat fencing, improved bridge crossing over Hogs Creek, two new boardwalks within the existing trail footprint, and new park benches.

The project also has a modified compacted trail realignment at uh 22nd Street and Harrison Avenue. Uh the city received four bids that were publicly opened on June 26, 2025, and Faber Construction was determined to be the lowest responsive and responsible bidder with a total bid of $719,331.33 including the applicable Washington state sales or use tax.

The original in engineers estimate was 612,017 and two cents, but it was uh determined that uh that estimate did not really take in the expense of uh supplies and other expenses. Uh because of this dollar amount, the project is not subject to be to a Bellingham Municipal Code 4.94, which is a 15% apprenticeship utilization for project labor hours.

Um after a brief presentation by Nicole Oliver and uh Gina Austin, our parks uh recreation director and park project engineer. The committee voted to follow the recommendation to authorize the contract to favor construction and uh I will make a motion to do so.

Second. Motion by the chair and a second by council member Liiloquist. Any further discussion? Seeing none, all in favor say I. I. Any opposed or abstensions. That passes 70. And that was Oh, I'm sorry.

And that was the end of our meeting. So, I'll pass it back to you, President Huffman. Thank you, Council Member Williams. Up next, we had committee of the whole. We had one item that was agenda bill 24589, an ordinance relating to equal protection and equal provision of city services regardless of sexual orientation, gender identity, or gender expression, and creating a new chapter of the Bellingham Municipal Code regarding such matters.

At the June 9th, 2025 council meeting, Bellingham City Council members voted unanimously to approve a resolution that reaffirms the city's long-standing commitments to equity, human rights, public safety, and social justice, and opposing hate and discrimination.

This ordinance puts into action values affirmed in the June 9th resolution with a specific focus on supporting LGBTQ plus community members. The ordinance creates a new chapter of the Bellingham Municipal Code that codifies existing city policies, practices, and actions and affirms the rights of LGBTQ plus community members to equal protection and provision of services regardless of sexual orientation, gender identity, or gender expression.

Council discussed the proposed ordinance during the June 23rd, 2025 committee of the whole meeting and agreed to to allow more time for community input before voting. So, we had a rather long discussion today.

Uh, Council Member Stone, who has been working hard to craft this ordinance, um, presented us with quite a few amendments that, um, that transpired after meeting with community members and receiving suggestions, having conversation, and um, we discussed those amendments and voted to approve quite a few, as well as some others from the council.

and we have before us a new clean copy of that ordinance. Um, Council Member Stone, would you like to elaborate further or anything to add? Thank you, President Huffman. Um so I guess with respect to the ordinance that is before us for consideration at this time I just wanted to highlight that there have been right some changes and additions which really highlight additional um explanation about and details regarding where um where certain work right lives within the the city government and city code um as well as state um state code as well.

And so, for example, um just expanding information about the Washington State Discrimination Act, right, and the protections that are codified there at the state level and apply to members of our community here in Bellingham as well and the civil action remedies that are um that are aligned with that that body of of work and protections.

Then also highlighting um more specifically information regarding action that would be taken by this body and the administration with respect to lobby efforts if there was um proposed legislation either that would impact positively or negatively members of the LGBTQ plus community here in Bellingham.

a commitment to right to take action um to really defend and carry out the um actions that are to be codified within this ordinance. Um in addition to speaking about hate crimes in particular and highlighting where right where those um policies and statutory um protections lie here within the police department as well as at a state at a state level.

So, some of it was, you know, clarifying an additional um specificity with respect to um, you know, where protections are in the law and how to exercise those protections if there were potential violations.

Um, I just want to also speak to, I guess, the fact that there are things that obviously impact the community greatly that are not going to be found within this ordinance. Um, and a couple of those that I want to speak to.

One is just the I am definitely feeling a great weight right from the fear that's been expressed by members of the community and a lot of it is apprehension about what what is to come and I appreciate wanting to be as prepared as possible and wanting this ordinance to put forward, you know, every protection possible um in in thinking about sort of worst case scenarios and on a very pragmatic level.

It's it's challenging as a government and when thinking about the legality of of ordinances such as this to really speak to a hypothetical that we don't know yet. So for instance, calls for um particular action with respect to legislation that may or may not be brought forward at the federal or state level.

How would we, you know, respond to that and wanting a commitment now as to how we would respond? um and recognizing that although we're not speaking specifically to right what may or may not happen in the future in this ordinance these are living documents that can always come forward for additional amendment.

So if you know it's a commitment I always say as an individual council member that commitment to be watching the landscape and that if and when something were to change that would impact members of our community more directly and have um certainly impact them negatively.

Wanting to um you know make amendments necessary to sh up our local practices and policies and procedures and and laws um as best we can to respond. But again, that needs to be a direct response to know so that we can be sure that we are crafting the legislation to um really address whatever that particular threat threat is.

The other piece is about things that I know are of concern to the community that fall outside of our jurisdiction. And so things that I think about specifically are um concerns about health care, which has been raised multiple times.

And so as as a city government, we don't have a health department, right? the health department is at the county level in addition, you know, sort of those commitments to to public health and um are at the state level as well and other commissions, but at the same time as a member of you know, local government.

We certainly share those concerns and want to make sure that we're able to be advocates and, you know, support the needs of the community, but that would take form of action that falls outside of the scope of this ordinance.

So, for example, writing letters as we've done in the past to support, you know, workers at St. Joe's or other things if there were um items of concern at the, you know, health care providers locally if um if care was being denied or if clients were being dropped.

And that's of you know, public health and safety concerns to us as a broader community. Although it might not fall within our direct jurisdiction to take direct action, that there are other things that we can do, right?

other actions that we can take to show support and to really advocate on behalf of our community. Um, another example of that are concerns that have been raised about the jail and the jail is definitely right some um it's a facility that our community contracts right local government we are contracting with the jail and so as a member right of that um contract I think there are opportunities to have those conversations and negotiations with respect to our contract and when concerns are raised about treatment in the jail I certainly certainly think about right members of the trans community in particular if if your gender expression or gender identity is going to potentially put you in harm's way in the jail depending on where you would be right held or housed and you know who's in that same cell block or you know same location with you I think that's of extreme concern for for safety and and so how do we how do we leverage the resources and the real privilege right that we have as elected officials and as leaders here in the to be, you know, continued um advocates on behalf of the community when there is concern about especially health and and and safety.

Um and so that wouldn't fall within the scope of this ordinance, but it's certainly things that we can address through other right paths and other um interlocal agreements or sometimes it's just conversations with the sheriff and you know leadership at the at the jail to to have those conversations about real concerns.

Um, and so as part of that scope of work too, I think we're, you know, dependent upon continued engagement from the community and building that trust so that if there are concerns and people are being harmed that people are coming forward and sharing that information with um with elected officials as well as with our police department so that you know action can be taken through reports or um complaints that are that are being filed so that we we know what's happening and have specific details that then can be invested.

investigated and followed up on, we can be better um you know, better advocates in that in that um in that work. And so it's just to recognize that this ordinance is not all encompassing. Um and it's also not the end of any work.

I mean, it's the culmination of a lot of work and wanting to express appreciation for all of the engagement and the conversations that I've been able to be a part of and all of um just the the passion as well as the um the strength and willingness to yeah to come forward and share very personal aspects of of your life that sometimes is, you know, um representative of pain and suffering and things that you um are hoping to um yeah to be able to to address fairly directly, but I realize that it's a very personal position to put someone into, you know, to really expose yourself and share that vulnerably.

Um, so just wanting to express also appreciation for all of that work that has gotten us to this point and acknowledging that, you know, if this goes forward that again this is not the end of that work, but really an elevation of the commitment that this community has to, you know, um, yeah, to the members of our community.

And so I know that through communicating with the chief of police, um I know that there's a lot of this work that's highlighted in this ordinance that the police department has been committed to to a long time for a long time and work that the city has been committed to.

Um and so this isn't to say, you know, we're calling out the the city or the police department for things that haven't been done that need to be corrected. This is more elevating the positive and the work that's already been being done, but codifying it in an ordinance so that it can be seen and shared by the community at, you know, at that level and that um that work is really really highlighted and it's an a reaffirmation to that commitment to continue that that work and to have that accountability.

Um so that was more than and longer than I anticipated, but um those are some of the things that just wanted to highlight. Thank you, Council Member Stone. There council members, Council Member Liquist.

Yeah. Some some comments and a little bit of education. We passed a resolution. You probably know by now resolutions are statements of values and intentions and goals. This is an ordinance, so it's a law.

There's a couple things about it that are different that may not stand out unless you deal in this one. is the first section has a finding in it. A finding that discrimination based on sexual orientation, sexual identity or gender expression including gender non-forming the status of a as a transgender individual poses a substantial threat to the health public health safety and welfare.

So discrimination is a threat to public health, safety and welfare. That is a legal finding now and a finding is what justifies a law. It then also states a purpose and a purpose in an ordinance is not just a nice statement.

It means that anybody who reads this law has to read it with that purpose in mind. And one of those purposes states, "The city of Bellingham affirms the right of individuals to embrace and express their own authentic gender and sexuality and to define what gender and family means to them, including but not limited to dress and appearance, structuring a family unit the way that works best for them.

Ensuring LGBTQ plus positive values with their children and to define their own gender and sex with or without regard to bi biological sex assigned at birth." That is now a purpose statement. The law is to be read with that purpose in mind.

Um, so this is this is what a municipal sanctuary ordinance looks like and it mostly deals with things that are in our jurisdiction because as we've said numerous times before, we can't make the federal government do what we want them to do.

But there are three passages in here in in two parts that go beyond just the city making Bellingham a sanctuary. And those two portions have to do with what we do with regard to other government entities, the ones we cannot control.

And that refers to section F that council member Stone referred to is the city shall oppose or or as necessary or appropriate support legislation or actions at the state and federal level when they affect the rights outlined in this chapter.

That goes beyond us in advocating. And it says that those actions shall include such actions as lobbying, setting our lobbying priorities, letters or other written correspondents or in-person meetings with state and federal legislators, testimony during legislative hearings, passages of local resolutions, and then etc.

I didn't know we could do etc., but we had etc in there. The other thing is that it says later on in there in section H and some language that I suggested, but it was based on hearing uh the sentiment of the council that the city shall advocate for inclusive and affirming changes to state and federal policies and programs.

So that is the way in which we can go beyond the confines of the city of Bellingham to work with those other levels of government which we otherwise we cannot control but can can influence. Council member Williams.

I just want to communicate to you that um this the effort that we have gone through. We've heard your testimony. We have listened to what you have had to tell us and we're taking action today to protect your rights and the rights of everyone in this community that faces these kinds of challenges.

It it took a lot of work. It took a lot of listening. and this city has your back. So I hope that you un understand that and we will do our best to protect your rights and your uh challenges as we move ahead.

Member Anderson. Um just want to thank Council Member Stone for the effort and work. Um I believe in ordinances because it is setting law. I think one of the strongest aspects to this is that last year we uh kind of uncoupled our partnership when it came to having um lobbyists.

um we used to share lobbyists with the port and the county and we don't always have the same interests or the same needs and so we now have invested in having our own lobbyists and um the additions made since the last uh uh draft was given to us is really having a strong focus on monitoring the federal and also state and when there's an opportunity um to communicate support to our uh state legislators for um actions that they'll be taking.

We now have paid lobbyists who are going to be able to track that legislation, give us feedback, and then we can organize on our end, whether it's testifying um to the House or the the representatives um to be able to do letter writing, to be able to organize that and hopefully have some influence.

A good example of that was um work that happened with uh supporting uh some of the uh the rental protection um and the uh basically capping how much rent increase could happen. We got involved in that.

our lobbyists were tracking that and eventually that legislation passed and during the signing hearing from some of those legislators and organizers that Bellingham's involvement and communicating the support went a long ways with being able to get that pushed through.

So it's having that codified here now makes it part of the city plan. So, as we identify our areas of legislation that we want to work with our lobbyists, what we want to track and where we're going to be involved, this puts it on the plate.

Um, where it wasn't on the plate before, although it was always a matter of importance to us, it may not have um been as highlighted if it wasn't housing or environmental. So, um I'm really happy to see this added.

And on a federal level, it also gives us that opportunity to talk to our federal representatives who will do what they can in DC over the next few years. But I think at this point, it's really going to be those counter moves at the state level that is going to provide the protection and assistance that we need.

And so now I kind of feel like some of our resources could go to making sure we have a seat at that table pushing the appropriate legislation forward. and for those uh individuals who try to take away rights um through the legislation will have that voice to oppose it and and truly there's a lot of power between having lobbyists who are going in and having these conversations.

um we can't be there all the time, but to have uh paid individuals who are very good at what they do working on your behalf um and our behalf, I think is a really incredible um addition to this ordinance.

Council member Hamilton. Yeah, I think um a lot's been set up here that I agree with. Um, Council Member Anderson has covered a lot of territory that I wanted to talk about in terms of lobbying at the state level.

Um, there's um, one of the items in here says that will oppose or support legislation or actions at the state and federal level um, that the mayor and the council uh, determined to impact the rights and safety and dignity of LGBTQ plus um, individuals in Bellingham.

I I really um we talked this this afternoon about um trying to be um trying to there there are so many um proposed pieces of law, hundreds that go against trans rights. And what I'd like to do is to see what we can do to spin that around.

How can we propose hundreds of pieces of legislation that are in support of people that live in our community that work here, go to school here? How do we how can we do that? And so I wanted to introduce positive uh language and we talked about that this afternoon um about how we can do that.

We and some of it's in here, but I think that we need to go further. Um I don't I don't want to fight to fight. I want to fight to win. And I think that we can do it if we do it together. And um I would urge this council to to think about maybe this is a good piece of work and we we put a lot into it, but I would urge the council to consider just waiting a little bit more, hear some more voices tonight, hear some more voices over email.

Um because we need to fight to win and we need to be when customer said that you know we've got your back. We need to stand shouldertosh shoulder together for the rights of every person that that lives here.

So that's what I intend to do and I might I might do it imperfectly but I'm going to do it. Thanks. Any questions or comments? member stone. So I also there had been some questions about you know hate crimes and spec specifically and also about you know cyber bullying and cyber harassment um and cyber stalking and things that in this day and age are a real real threat and unfortunately more prevalent than we would like.

Um, and just wanting to confirm, there had been some question about, you know, sometimes there's a state law and the state crimes in particular that we have to adopt by reference in order for them to be enforceable with by our Bellingham Police Department here within the city.

Um and so just wanting to confirm that had gone back through our code under the offenses against persons and confirmed that we have um adopted by reference the the code sections for cyber stalking and cyber harassment which were recodified into one specific um section of the RCW9.61.260.

Um, but just wanting to confirm that that is, you know, part of our code and recognizing that it's not included in this ordinance because, right, it lives somewhere else in the code already and it's also applicable to, right, all members of our community who may be subject to that type of um of harm or harassment.

Um but wanting to make sure that people know that that is, you know, on the books locally and that the police department is prepared to, you know, investigate um those those crimes if if it happens here in our community.

So, I'll take a bit of a go. Um I think one thing that a couple council members up here have been doing is trying to help share some information about this process and the product. Um because it is kind of confusing.

uh particularly the difference between a resolution and an ordinance. And so a resolution is has been stated as a value statement. Um an ordinance ends up in our code, so it's law. It will end up on our website under the city code.

Um a resolution we can vote on once and it's passed. An ordinance we have to vote on it three times to pass it. And so, um, while some of the example resolutions that that we've seen from other cities, um, have been two pages, this is eight pages.

Um, so I think the the details in this, um, take a little bit more scrutiny. They take a little bit more legal review. Uh, there's a little bit more seriousness about the details. Um and and so that does take a little bit more time and um but it but it's also again it's law um if it passes.

So that's that's a little bit of a difference between an ordinance and a resolution. Um and and again why we're a little bit more careful about the details and the words that we use. Um whereas you don't necessarily have to have that level of scrutiny with a resolution because it is not something that becomes law.

Um but so I would I would definitely encourage everybody to take a look at this document. Read all eight pages carefully um to to understand it. Some of it is just legalies stuff that's thrown in, but there's one that just kind of stood out to me and we've all read some of us read read uh some pieces of this, but the city of Bellingham affirms the right of individuals to engage in speech or expression supporting LGBTQ people plus people, including but not limited to disseminating books and literature, holding discussions, viewing and presenting film, creating and displaying art, singing and rehearsing music and drag or other performances.

So, we're looking at your city saying we support drag in the city of Bellingham. Um, I think that is pretty amazing. So, um, yeah, again, we have three three chances to vote on this. there are potentially opport more more opportunities for changes um even um after that first and second vote.

Council member Stone, did you have an addition? Well, that um what I was going to highlight. So, we have a first and second reading and then a third and final, right, that has to be at a separate meeting.

I know that we considered a number of amendments this afternoon um that were adopted into the revised working draft which will be published with the minutes from this meeting so that it will be available for the public to review.

Um, just wanting to make note that if we were to, you know, read the title again and take a vote this evening that we would still right at the next meeting be considering it for third and final. And at that time there could still be subsequent amendments if you know there were other pieces that wanted to be um, yeah, that needed review or revision at that time.

Um, council council member Lquist. So, I'm a little confused on how we get both the first and the second reading. First, we do a vote now. Is that considered first or would we do and would we do a second reading for example in committee the whole next meeting and the third and final at the end of the general meeting or or do we somehow manage to do first and second today and tonight?

If council wanted to they could do you could do a first and second reading. I would just sounds a little clunky but I would just read the title doing a vote. That's the first reading and then I'd turn around and do a a second reading.

The third and final has to occur at another meeting. Council member Williams, I'd like to move first and second reading of this ordinance. Can you move it both together or separately? Separately. Okay.

First reading. Second. Got a motion by Council Member Williams and a second by Council Member Cotton. Further discussion? Council member Hamill. Yeah, I just want to make sure that this does not in any way preclude additional input.

Um, no. So, this I mean we we are moving this it's a process, but I want to make sure that to the public that it's very clear that we still want input on this whether it's um oral testimony tonight or if it's written in the next before the next meeting.

But that that does not shut down the process of uh further u input. Um it it doesn't and uh as as we discussed this afternoon you and and I think this evening you can make additional amendments just prior to third and final.

Just can I pull out real quick? So So we're basically we're voting on a draft essentially that we can we can do some amendments to and it's a lot of it's scrivener um items or you know going between like a will or shall that kind of like that kind of language.

Is that correct? or if you're not voting on a draft, you'd be doing a first and second reading on the final ordinance. The final ordinance can be amended by council uh prior to third and final. And there there are instances, I think fairly recently, of us of council doing that.

Okay. Thanks for clarifying, Council Member Anderson. I have a clarification request, too. Um so, if we did first and then we voted second and then next council session, third and final come back. But let's say we have some larger changes we would like to make and we present that and council wants to have a little more discussion on those larger changes.

Can we kick it back to committee and work on it or are we obligated to make those changes on the spot and then do third and final? I think that happened with one of the recent planning ordinances and what we would do is if there were a lot of changes is we'd have a work session before committee of the whole figuring out what what changes we want to make.

Uh so it' be I I wouldn't wait until third and final at the end of the council evening meeting to make wholesale changes. If it's just a word or two, you could do that. True. But how do we get the work session set?

If we listen to people, we met with people, there is something that we really need to change, then do we send an email requesting for it to go to work session because it would be coming back our next evening, wouldn't it, for third and final?

So, at any point in time, council could make that decision to do a a work session. And I think I think you I think Gohead I don't mean to interrupt. I I was just thinking I mean this could go on the next agenda right for committee of the whole just for a thumbs up some down consideration so that at that time if there were additional right considerations to be made we could do that during the day and then it would come back during the evening.

I thank you for that because I was concerned that it would come in the evening and before we read third and final there would be some changes and we couldn't make a decision on the spot. I didn't want to be forced to do a vote if we needed to discuss possible changes.

Thank you. further discussion. Um, and one thing I wanted to add to is um, I think, you know, no legislation is perfect. Um, I think in the history of our country, no legislation has been perfect, particularly when it comes to human rights.

And, um, but every piece of legislation that moves us a little bit forward is a springing board to make the next piece of legislation easier. Um and and this is a living document as council member Stone said, so I know that there will still be improvements to be made uh on this, but there's been a lot of work that's gone into this and a lot of input and um and at a rather quick speed for for for what this is.

So, okay, seeing no more discussion, all in favor say I. I. I. Any opposed or abstensions? Passes 70. Council member Cotton. Yeah. So, based on reactions, I think there will be strong interest in one more committee of the whole uh work session.

Um uh but in advance of that and more feedback tonight and over the next two weeks, I'll move a second reading. Second. And do I need to read the title again officially? Yeah, I would read the title. Okay.

So, before before we have discussion, I will read the title again. Uh this is an ordinance relating to equal protection and equal provision of city services regardless of sexual orientation, gender identity or gender expression and creating a new chapter of the Bellingham Municipal Code regarding such matters.

Further discussion council member Stone. So I just I think we've you know made the point but I I shared with a group this weekend just the acknowledgement that there is no guide book regarding what we are currently facing the landscape that we're currently facing like this is you know new work happening in real time and we are human and you know I feel like um just wanting to communicate I guess the the effort to want to you know get things right and to make sure that we're doing the best we can to ensure the protections that are needed by all members of our community to live, you know, safe, healthy, happy lives here in Bellingham and for everybody to have the same access to to services and, you know, the securities that you need.

Um, but that also recognition that it's not going to be perfect and recognizing that and committing to continue, right, that work forward as as needed. So just appreciation for the the grace and commitment to yeah to continue the work going forward.

Further discussion seeing none. All in favor say I. I. I. Any opposed or abstensions? That passes 70. Council member Loquest. Yeah. I'd like to take the first action. I move that the city council direct as a standing work item for our policy analyst to keep track of all bills introduced in the Washington legislature that are assigned to committee.

And I say that on purpose because a lot of bills are introduced that never go anywhere and it's an easier task to assign bills that are assigned to committee and this won't come up until next January.

But I think we should take the first action and make sure that's on someone's to-do list. So I move second motion by council member Liquist and a second by council member Hamill. Any further discussion?

Seeing none, all in favor say I. I. I. Any opposed or abstensions? That passes 70. Okay. And again um want to remind everybody there is still going to be a third and final vote on this. um we still can receive input.

Uh changes still can be made and so if please read please read this over if you need help finding it get a hold of one of us um and um and and feel free to to contact us either as a full council or individually.

Council member Stone. And that's just what I want to confirm is that the draft that was in the packet that was published the Wednesday before this meeting was the same version that we looked at two weeks ago.

And so the updated version will be available through a a link tied to the minutes from from this meeting since it was brought forward um this afternoon with the amendments. Um so just to make sure if people go back and look at the packet from today that that will not be the most current version, but it will be online very soon.

Okay. Council member Loquist and I believe it will be in the next packet twice both in the committee the whole and then republished under third and final because that's what happened last time we did that.

So it'll appear twice but not for another week and a half. Okay. Anything further on this subject? Okay. Uh old and new. All right. Nothing for old and new. go ahead and move on to the executive session report.

We had two items. Uh first was litigation board of industrial insurance appeals matter with chaplain. Staff provided information on an ongoing appeal before the board of industrial insurance appeals. I will now entertain a motion to authorize outside council to enter into an agreement to settle a workers's compensation appeal for $21,422.30.

Second. Motion by council member Hamill. Second by council member Anderson simultaneously somehow. Any further discussion? Seeing none, all in favor say I. I. Any abstensions or opposition that passes 70.

We then had another potential litigation matter with Herb. Staff provided information on a potential litigation matter. Uh direction was given. No action was taken. Consent agenda. Approval. Second. Motion by council member Williams and a second by council member Hamill.

Any further discussion? Seeing none, all in favor say I. I. I. Any opposed or abstensions? That passes 70. All right, that ends our regular business meeting. We will now move on to the public comment session.

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