City of Bellingham Hearing Examiner - December 10, 2025 | Real Briefings
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City of Bellingham Hearing Examiner

BEL-CON-2025-12-09 December 10, 2025 City Council Regular Meeting City of Bellingham 30 min
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Executive Summary

This vehicle impound appeal hearing examined whether the City of Bellingham properly impounded a 2019 Toyota Camry belonging to Nancy Witter on November 14, 2025. The hearing centered on a family using their niece's car while she cared for her mother in California, parking it in front of the niece's residence at 1116 Inverness Lane. A neighbor complained after observing the vehicle unmoved for 10 consecutive days, triggering the city's 72-hour parking ordinance enforcement. The city's parking compliance officer issued a 72-hour notice on November 10, followed by impoundment on November 14 when the vehicle remained in the same position. The critical issue became the timing of postal notification – the courtesy mailer was postmarked November 12 but not delivered until November 14, the same day the vehicle was towed. The appellants argued they never received adequate notice to move the vehicle before impoundment, while the city maintained the window sticker alone satisfied legal requirements. Hearing Examiner Sharon Rice will issue a written decision by December 29, 2025, determining whether the impoundment and $600 in towing and storage fees were justified under Bellingham Municipal Code 11.30.60(A)(25). #

Key Decisions & Actions

& Actions No formal decisions were made during this hearing. The Hearing Examiner will issue a written decision within 10 business days of the record closing. The decision is due December 29, 2025, considering two legal holidays (December 24-25). The case involves: - **Appeal:** Vehicle impound appeal filed by Nancy Witter - **Case Number:** H.E. 25 V.I. - 045 (Public Works file 25-PW-01742) - **Impound Date:** November 14, 2025 - **Towing Costs:** $600.05 (including $400/hour for 1 hour 15 minutes plus half-day storage) - **Legal Standard:** Appellant bears burden of proof to demonstrate error in city's impoundment decision #

Notable Quotes

**Nancy Witter, on family circumstances:** "We were using her car while she was down in California. Um, and that's why the car was there." **Nancy Witter, on lack of awareness:** "I personally completely unaware that you can't leave a car parked without moving for 72 hours." **Andrew Schutte, on legal requirements:** "The sticker itself is considered by the state of Washington to be sufficient, uh, reasonable, um, effort to inform a registered owner that their vehicle is, is pending inbound." **Christopher Lieb, on the circumstances:** "The car was left directly in front of 1116 Inverness, which is our niece's home, Robin Lieb... it seemed like a normal thing to do." **Nancy Witter, on the notification timing:** "We did not receive this notice until probably about the time the car was being towed." **Nancy Witter, on broader policy implications:** "What if you go on vacation and your car's on the street, your car's not going to move. That seems, I don't, I don't know how that gets

Full Meeting Narrative

**Meeting ID:** BEL-TRC-2025-12-09 # Meeting Overview The Transportation Commission of Bellingham convened on December 9, 2025, for what would mark a significant pivot in local transportation policy. This was the night the commission would tackle one of the year's most substantial agenda items: the Commute Trip Reduction Plan, a comprehensive four-year strategy mandated by state law to reduce single-occupancy vehicle trips among major employers in the city. Chair Addie Candib led the meeting, with commissioners present including Tim Wilder (Vice Chair), Jamin Agosti, Cindy Dennis, Jonathan Huegel, Aaron Miller, Jackie Quinn, and Andrea Reiter. Staff in attendance included Transportation Planner Dylan Casper, who would present the CTR Plan, and Assistant Director Tim Hohmann, among others. The agenda promised robust discussion across multiple fronts: from the routine approval of November minutes to the forward-looking 2026 work plan that would shape the commission's priorities. But the centerpiece was clearly the CTR Plan — a document that represented years of planning, community engagement, and regulatory compliance with Washington State's Clean Air Act requirements. The commission also faced the annual ritual of electing officers for 2026, adding a note of institutional continuity to an evening focused largely on future planning. # November Meeting Minutes Approval The commission quickly dispensed with approving the November 12 meeting minutes. Commissioner Jamin Agosti moved for approval, with Jonathan Huegel providing the second. Tim Wilder abstained from the vote, following standard practice for commissioners who had not attended that particular meeting. The motion carried without discussion, clearing the way for more substantial business. # The Commute Trip Reduction Plan: A Regulatory Return Transportation Planner Dylan Casper approached the podium to present what he acknowledged was familiar territory with a crucial twist. "This update includes the full draft ordinance and new BMC chapter that were not part of the earlier presentation," Casper explained to the commission. While they had discussed the CTR Plan concept previously, this evening marked the first time commissioners would see the complete regulatory framework — the ordinance that would formally adopt the plan and create new Chapter 16.90 of the Bellingham Municipal Code. The presentation revealed the historical context that made this moment necessary. Washington's Commute Trip Reduction Law, born from the Clean Air Act in 1991, had required certain jurisdictions to adopt employer-based programs aimed at reducing traffic congestion, air pollution, and petroleum fuel consumption. Bellingham had last updated its CTR Plan in 2007, making this 2025 update long overdue and newly urgent. As Casper noted, "As of the 2025-2029 planning cycle, WSDOT now requires individual CTR plans from both the City and the County," marking a departure from previous joint regional planning approaches. The scope of the requirement was significant. Any employer with 100 or more full-time employees arriving regularly between 6:00 a.m. and 9:00 a.m. on weekdays would fall under CTR requirements. In Bellingham's context, this meant 22 total CTR-affected worksites across the region, with the majority located within city limits. Major employers like Western Washington University, PeaceHealth St. Joseph Hospital, the Port of Bellingham, and the City itself would need to comply. But rather than create entirely new bureaucratic structures, the plan leveraged an existing success story. The Whatcom Council of Governments' Smart Trips Program would serve as the primary vehicle for compliance. "Most employers fulfill requirements via the Smart Trips program administered by WCOG," Casper explained, describing a program that had already logged impressive results — an estimated 32,706 tons of avoided carbon dioxide emissions since its inception. The data underlying the plan painted a revealing picture of current commuting patterns. A May 2024 survey of 3,275 employees across CTR-affected worksites showed that 58% drove alone to work, while 22% used alternative modes like transit, carpooling, biking, or walking. Significantly, 19% teleworked or worked from home — a post-pandemic shift that actually aligned with CTR objectives. When employees were asked about their travel considerations, time and duration dominated at 80%, followed by convenience and flexibility at 67%, and weather at 33%. The performance target set an ambitious but achievable goal: a weighted average drive-alone rate of 64% or less for CTR-affected worksites at the jurisdictional level. This represented a 15.5% reduction from the jurisdiction's 2019 census performance baseline. # Legal Framework and Enforcement The draft ordinance would create BMC Chapter 16.90, establishing clear requirements, penalties, and appeals processes. CTR-affected employers would need to designate an Employee Transportation Coordinator, educate employees annually on commute options, participate in WSDOT's biennial surveys, and make good faith efforts to reduce drive-alone commutes. The penalty structure remained modest — violations would constitute civil infractions subject to monetary penalties not exceeding $100 per violation per day. More significantly, the City Council would serve as the CTR appeals board, with WCOG providing technical support. For most employers, compliance would come through enrollment in the Smart Trips program, which offered ETC training, incentives and promotional materials, trip logging tools, and performance tracking. The program had evolved far beyond basic compliance, encompassing bicycle education, community outreach activities, and an ongoing public awareness campaign. # Community Engagement and Equity Considerations Casper detailed extensive community engagement efforts that had informed the plan. Beyond a comprehensive 2004-2009 survey reaching over 14,000 residents, recent engagement included the City's Pedestrian and Bicycle Master Plan outreach in 2022-2023, which had reached over 1,500 people through surveys, webmaps, and in-person events. The results revealed telling preferences. While driving remained the most selected transportation mode, significant numbers chose non-driving alternatives. When asked about bicycle use, exercise topped the list, followed by errands and shopping, with commuting to work ranking sixth. This broader pattern supported Smart Trips' approach of encouraging non-drive-alone trips for all purposes, not just commuting. Efforts to reach vulnerable populations had yielded mixed results. Both the CTR worksite survey and the broader "Whatcom Crash Test" survey had achieved lower response rates from non-white racial and ethnic groups than would be representative of Whatcom County overall. Response rates for Native American/Alaska Native and Hispanic/Latino populations were particularly low. However, the surveys had successfully reached people of color (414 respondents to the CTR survey alone) and lower-income residents, with approximately half of Crash Test respondents reporting household incomes below $75,000. Comments from these demographics highlighted recurring themes: accessibility concerns about bus routes and schedules, the need for commutes from longer distances, international border travel considerations, infrastructure gaps, and cost barriers to alternatives like bicycling. # Financial Structure and Regional Coordination The financial framework supporting the plan reflected a diversified funding approach. The estimated $495,000 in average annual costs would be supported by state Commute Trip Reduction funding ($53,000), Regional Mobility Grants ($212,000), federal Mobility Management Grants ($124,000), and local government funding ($106,000) — with Bellingham contributing to that local match. The plan explicitly recognized Bellingham's role as Whatcom County's primary employment hub, drawing significant regional commuter traffic. Located just 20 miles from the Canadian border, the city also experienced considerable cross-border traffic. Regional coordination through WCOG addressed these challenges through comprehensive transportation planning and the Smart Trips program's county-wide reach. # Integration with City Planning Perhaps most significantly, the CTR Plan aligned with broader city planning initiatives. The recently adopted Bicycle Master Plan and Pedestrian Master Plan in April 2024 had identified over 500 bicycle and pedestrian improvements citywide. The ongoing Bellingham Plan update — the city's comprehensive plan revision expected in 2025 — would address housing, transportation, and climate resilience in ways that could enhance CTR effectiveness. The plan supported compact and infill development strategies, mixed-use urban villages, and the city's Climate Protection Action Plan goals. As Casper noted, "By focusing on compact and infill development, the city can reduce the distance and need for commuting. This development strategy supports mixed-use urban villages where people can live, work, and access amenities within a short distance." # Commission Discussion and Recommendation Following Casper's comprehensive presentation, the commission engaged in discussion about implementation details, enforcement mechanisms, and coordination with regional partners. The conversation revealed broad support for the plan's approach, particularly the delegation of day-to-day administration to WCOG through the proven Smart Trips program. Commissioner questions focused on practical implementation issues: How would employers transition to the new requirements? What support would be available for smaller organizations new to CTR compliance? How would success be measured and reported back to the commission? Casper addressed these concerns by emphasizing the continuity with existing programs. "WCOG continues to administer the CTR program through the Smart Trips program, which fulfills employer requirements," he explained. The infrastructure for compliance already existed; the ordinance would simply formalize the city's role as the regulatory authority while maintaining WCOG's operational expertise. The commission then moved to formal action. Following the recommended language, a commissioner moved that the Transportation Commission recommend City Council approval of the ordinance to adopt the 2025-2029 Commute Trip Reduction Plan and add new Chapter 16.90 to the Bellingham Municipal Code. The motion carried, sending the comprehensive package forward to City Council for final adoption. # 2026 Work Plan Preview Assistant Director Tim Hohmann presented the draft 2026 Annual Work Plan, a document that would structure the commission's priorities for the coming year. The plan reflected both ongoing responsibilities and emerging challenges, organized around monthly themes and quarterly focuses. Ongoing monthly items included chair and staff reporting, parking removal assessments for Transportation Fund projects, and various informational updates. But the plan also scheduled significant policy discussions: the Speed Limit Ordinance, automated traffic safety cameras, Transportation Impact Fee rate studies, and the Downtown Connections Plan. Several items reflected the commission's commitment to implementation tracking. The Bicycle Master Plan and Pedestrian Master Plan Implementation Tracking would establish measures and targets for the 500-plus improvements identified in those documents. The biennial Transportation Report on Annual Mobility (TRAM) would shift to covering 2024 and 2025 in a single comprehensive assessment. The plan also scheduled regular engagement with community partners. The July meeting would include the annual Bellingham School District update focusing on Safe Routes to School, while September and October would feature Community Streets Program discussions and decisions. # Staff Reports: Current Projects in Motion Tim Hohmann provided updates on several active initiatives. The Bellingham Plan update continued its comprehensive revision process, with completion expected in 2025. The Holly Street bike lane project would soon receive a City Council presentation, marking a significant step forward for one of the city's major bicycle infrastructure investments. The Community Streets Program had also advanced to the City Council presentation stage. This program, which provided competitive funding for neighborhood-scale transportation improvements, represented the kind of community-driven infrastructure investment that complemented broader CTR objectives. These updates reinforced the interconnected nature of transportation planning in Bellingham. The CTR Plan didn't exist in isolation but as part of a comprehensive approach that included major infrastructure projects, neighborhood-scale improvements, and regional coordination efforts. # Officer Elections for 2026 The commission concluded its substantive business with the annual election of officers for 2026. Chair Addie Candib and Vice-Chair Tim Wilder had provided steady leadership through a year of significant policy development, including the CTR Plan adoption process. The election proceeded smoothly, with commissioners expressing satisfaction with the current leadership structure. Both Candib and Wilder indicated their willingness to continue in their respective roles, and the commission unanimously reelected them for 2026. This continuity would prove valuable as the commission moved forward with implementing the newly adopted work plan and overseeing the CTR Plan's implementation once adopted by City Council. # Looking Forward As the meeting adjourned, commissioners and staff reflected on an evening that had advanced several significant initiatives while setting the stage for an ambitious 2026 agenda. The CTR Plan represented more than regulatory compliance; it embodied Bellingham's commitment to sustainable transportation and climate action. By recommending approval, the commission had endorsed an approach that balanced regulatory requirements with practical implementation, leveraging existing successful programs while creating clear accountability structures. The 2026 work plan promised continued focus on implementation over planning, with multiple items dedicated to tracking progress on recently adopted master plans and policies. This shift from planning to implementation reflected the commission's maturation and the city's readiness to move from vision to action on transportation improvements. The combination of established leadership continuing into 2026 and a comprehensive work plan suggested that Bellingham's Transportation Commission was well-positioned to tackle the implementation challenges ahead. The CTR Plan would now move to City Council for final adoption, but the commission's work was just beginning. Success would ultimately be measured not in the adoption of plans and ordinances, but in changed commuting patterns, reduced traffic congestion, and improved air quality — outcomes that would require sustained attention and community engagement throughout 2026 and beyond.

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