### Meeting Overview The City of Bellingham Hearing Examiner convened on November 22, 2024, to hear an appeal by Dana McCall challenging both the validity of a vehicle impound and the associated towing and storage fees. The case involved a vehicle towed from a bike lane on Telegraph Road during a construction zone where striping had recently been restored. ### Key Terms and Concepts **Hearing Examiner:** An independent attorney who serves as a quasi-judicial officer to hear appeals of certain city decisions, such as parking violations and land use matters. **Right-of-Way:** Public property dedicated for transportation use, including streets, sidewalks, and bike lanes, where parking may be restricted for safety reasons. **Bike Lane Buffer:** A striped zone between the bike lane and vehicle travel lane designed to provide safety separation, especially on curves where vehicles might encroach. **Fog Line:** The white line marking the edge of the vehicle travel lane, which helps define where parking is and isn't permitted. **RCW (Revised Code of Washington):** State laws that regulate towing fees and procedures, requiring tow operators to post official rate schedules with the state. **Impound Appeal:** A formal process allowing vehicle owners to challenge both the validity of a tow and the associated fees before a hearing officer. **Complaint-Driven Enforcement:** A policy where parking enforcement responds to citizen complaints rather than conducting routine patrols, except in designated downtown areas. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Sharon Rice | Hearing Examiner | | Dana McCall | Registered vehicle owner/appellant | | Jennifer McCall | Driver/daughter of registered owner | | Stephanie Mays | City Parking Technician | | Chris Heston | Owner, Heston Hauling (towing company) | | Ms. Bowker | Hearing Clerk | ### Background Context This case arose from a October 7, 2024 incident where six vehicles were found parked in a bike lane on Telegraph Road during the 600 block. The area had recently undergone road reconstruction, with the bike lane striping restored just 2-3 days before the incident. Citizens called 911 to report the blocked bike lane, leading police dispatch to contact parking enforcement. While dispatch attempted to reach vehicle owners, four vehicles remained and were towed for safety reasons—blocking bike lanes forces cyclists into traffic lanes. The timing created confusion because the previous bike lane markings had been removed during months of construction. Residents of the adjacent Deemer townhomes, including the McCalls, had been parking in this area throughout the construction period without incident, believing it was legal parking. Property management had even advised residents they could park there. ### What Happened — The Short Version The hearing followed standard procedure with city staff testifying first. Parking Technician Stephanie Mays explained that dispatch received a complaint about eight vehicles blocking the bike lane, though only six remained when enforcement arrived. Two owners moved their vehicles after police contact attempts, but four were towed. Photos showed the McCall vehicle clearly in the bike lane, with tires extending from the buffer zone to the curb. Towing operator Chris Heston presented detailed records showing the vehicle was towed within an hour of the call and released the same day for the state-regulated fees of $342 for towing plus $44.50 for half-day storage. Jennifer McCall testified that she and other residents had parked there for months without incident during construction, with no clear signage indicating it was a bike lane. She argued the situation caused significant hardship as college students living paycheck to paycheck. The hearing examiner questioned both sides about the adequacy of markings versus signage, the timing of construction, and enforcement patterns. The appellants submitted photos as evidence to be provided after the hearing. ### What to Watch Next - Hearing Examiner decision due December 10, 2024 (10 business days from hearing) - Potential installation of additional bike lane signage on Telegraph Road - Ongoing enforcement of bike lane parking in post-construction areas ---