Date: Monday, February 23, 2026 Body: Bellingham City Council Meeting Type: Regular Evening Meeting Duration: Approximately 2 hours 5 minutes Location: City Council Chambers / Available via Zoom All Council Members Present: Holly Huffman, Dan Hamill, Skip Williams, Lisa Anderson, Michael Lilliquist, Jay Scott Cotton, Hannah Stone (Council President)
The February 23rd City Council meeting was one of the most substantive of the early 2026 calendar, covering six major action items, two significant informational briefings, a State of the City address, and a historic immigration rights resolution — all passing unanimously.
The evening opened with a public hearing on the fourth six-month extension of Bellingham's landmark tree interim ordinance, now running to September 26, 2026. Director Blake Lion outlined what's working (strong tree protections, improved interdepartmental coordination), what needs refinement (the definition of "reasonable use," tree protection zones, species-specific thresholds), and what's being considered (tree banks, payment-in-lieu fees). The extension passed 7–0 with a technical date correction.
Mayor Kim Lund debuted a new video-format State of the City address, highlighting the city's navigation of a $10 million budget shortfall, major infrastructure investments, housing progress including the North Haven Tiny Home Village, waterfront and park developments, and a forward-looking 2026 agenda centered on housing, library renovation, a new recreation center, and public safety funding sustainability.
In Public Works committee items, the council approved three grants and interlocal agreements: a $2.3 million (100%-covered) WSDOT grant for the Samish Way/Maple Street overlay, a $10.46 million WSDOT grant for Electric Avenue Bridge reconstruction, and a $250,000 temporary water supply agreement with the Lake Whatcom Water and Sewer District.
The most extensive discussion centered on a resolution reaffirming Bellingham's commitment to immigrant rights and denouncing what the council described as unlawful federal immigration enforcement actions. The resolution underwent three amendments — adding a recital about local cultural investments, replacing "American streets" with language referencing "the United States," and changing the word "lawless" to "unlawful" for legal precision. It passed 7–0 with substantive debate from all seven council members. Also approved unanimously: a $100,000/year interlocal agreement continuing joint funding for the Whatcom Racial Equity Commission.
The council received an informational briefing on the Whatcom County Justice and Behavioral Care Center — the largest capital project in county history — revealing that construction cost increases and lower-than-projected sales tax receipts are forcing difficult scope decisions before an end-of-April deadline. Council Member Hamill strongly encouraged the public to watch related county committee videos.
The meeting concluded with consent agenda approval and final passage of the 4-year Commute Trip Reduction Plan (2025–2029).
1. Landmark Tree Interim Ordinance — Fourth Extension Approved (AB 24843)
2. Samish Way & Maple Street Overlay — WSDOT Grant Accepted
3. Electric Avenue Bridge Reconstruction — WSDOT Grant Accepted
4. Lake Whatcom Water & Sewer District — Temporary Water Supply Interlocal Agreement
5. Whatcom Racial Equity Commission (WREC) — Interlocal Agreement for 2026 Funding
6. Resolution Reaffirming Immigrant Rights & Civil Rights (AB-resolution)
7. Commute Trip Reduction Plan 2025–2029 (AB 24829)
8. Consent Agenda — Approved
Director Blake Lion gave council the most comprehensive update to date on where the interim landmark tree ordinance is working and where it needs significant refinement before becoming permanent law.
What's working: The ordinance has effectively protected existing landmark trees, created an inventory (mapped in GIS on the city website), and improved coordination among Planning, Parks & Recreation, and Public Works through the Bellingham Landmark Tree Committee. Of the 13 clearing permits issued in 2025 for landmark tree removal, Lion noted these included both standalone hazard/health-based removals and project-related removals. About six more have been issued so far in 2026. These numbers represent only trees actually removed — not the larger number of inquiries resolved through retention.
What needs refinement: The "reasonableness" standard (giving property owners a path to develop while demonstrating reasonable attempts to protect trees) lacks specificity. Staff is drafting a director's memo to clarify. The tree protection zone formula — one foot of critical root zone radius per inch of DBH, meaning a 40-inch tree generates a 40-foot protection radius — is applied uniformly regardless of species, topography, or situation. Council Member Lilliquist questioned whether this is biologically defensible in all cases and suggested the drip line as a better species-specific metric. Director Lion agreed and said staff is looking at how much root zone encroachment can be permitted without detrimental harm.
What's being considered: Tree banks or payment-in-lieu fees for situations where on-site replacement isn't feasible. Also: specific penalties for knowing violations (e.g., a property owner who removes a tree explicitly told by a hearing examiner not to, as described by Council Member Anderson). The 36-inch DBH threshold for "landmark" designation is being reconsidered, as some ecologically significant species never reach that diameter.
Notable wrinkle: A resident has a 50-inch landmark tree that has lifted his home's foundation and prevented windows from closing — a scenario the current ordinance doesn't contemplate. The ordinance protects trees but doesn't account for trees actively damaging real property. Staff plans to address this in the permanent ordinance.
The immigration rights resolution prompted the longest sustained policy debate of the evening. Every council member spoke at length, and three amendments were adopted. Key tension points:
The "why now" question: Council Members Anderson and Cotton both initially questioned the need for a new resolution, given that the council passed a comprehensive welcoming city resolution in 2025. Both ultimately supported the new resolution as a time-specific response to current federal actions, distinct from the broader values statement of the 2025 resolution.
Scope and accountability concerns: Council Member Cotton, speaking as a practicing immigration attorney, raised concerns that the resolution's strong language ("using all tools at our disposal," "never complicit") may create expectations the city cannot fully deliver on. She supported the resolution while flagging that Keep Washington Working recommendations (expected April) and state legislative changes may alter the city's options, and that the council has historically struggled with implementation (noting the stalled immigration advisory board and calls for an immigrant resource center).
Factual precision: Council Member Lilliquist moved to replace "lawless" with "unlawful" in reference to ICE/CBP enforcement actions, arguing that courts have made a legal determination that federal agents broke the law (unlawful) but that their actions weren't without any legal framework (i.e., not strictly "lawless"). He cited Judge Roy Dalton Jr. (Florida) and Judge Ellison (Illinois) as examples of federal judges who have specifically rebuked ICE testimony and actions. The amendment passed 7–0.
Language inclusivity: Council Member Cotton raised that the term "American streets" could be read as excluding people from Latin America, Central America, and Canada who also consider themselves "Americans." After discussion, the language was amended to reference "streets and neighborhoods in the United States."
The Whatcom County Justice Project: A Looming Crisis
Council Member Hamill's report on the county's Justice and Behavioral Care Center was notably urgent. The project — passed by voters in 2023 after two prior failures (2015, 2017) — is funded by a 1% sales tax projected to generate $12.5 million per year and support approximately $200 million in bonding. But 2023 sales receipts came in $1 million (9%) below projections, and construction costs have risen significantly since the 2023 implementation plan was written.
The county executive is asking for decisions by end of April. The three core facilities — jail, behavioral care center, and 23-hour center — remain "within reach" per the executive's memo. But more ambitious elements of the original implementation plan are now financially out of scope. Hamill strongly encouraged residents to watch the February 19 Justice Project Oversight and Planning meeting, the February 12 Finance and Facilities Advisory Board meeting, and the county's February 23 morning meeting (Incarceration Prevention and Reduction Task Force) for full context.
With 17 days remaining in the 2026 short session, staff provided a round-up of Bellingham's lobbying activity. HB 2266 (which would have directed Commerce to create a model landmark tree ordinance) failed in House Appropriations. Director Lion testified on SB 6026 (residential development in commercial/mixed-use zones). Public Works' Tim Huffman testified in support of SB 5581 (greater local control for multimodal street design), using the Meridian Street project as a real-world example. The city signed in support of HB 2304 (expanding condo express warranties, tied to the city's housing affordability agenda) and SB 6110 (clarifying that e-motorcycles are not e-bikes).
Council Member Cotton also flagged five immigration-related bills with hearings this week: HB 21105 (immigrant worker protections/I-9 audit notice), HB 2411 (shared leave for hate crime victims and those affected by immigration enforcement), SB 5855 (face coverings by law enforcement including federal immigration agents), SB 5906 (data and personal safety protections in public accommodations), and SB 602 (driver privacy and ALPR regulation).
Supportive of the extension and of a deliberate Type 6 process. Emphasized that the interim ordinance has been effective at protection, but acknowledged real concerns from the development and tree communities about upfront costs, process complexity, and the need for clearer standards. Signaled willingness to refine the critical root zone formula, the reasonableness standard, and the species-species threshold.
Supported the six-month extension. Praised Director Lion's responsiveness throughout the process. Noted that many problems with the current ordinance were foreseeable from an emergency ordinance process and could have been addressed earlier with more robust initial engagement. Wants the Type 6 process to proceed "with all due haste."
Raised concern that the 36-inch DBH threshold creates a financial incentive to pre-emptively clear-cut wooded lots before trees reach landmark size — the opposite of the ordinance's intent. Described his parents' situation: a 50-year Samish neighborhood property surrounded by trees approaching the threshold. Cautioned against overly strict no-removal regimes (citing the Sehome Valley as an example of overprotection leading to hazardous conditions).
Offered a philosophical and personal argument for tree preservation. Described trees as sentient, communicating beings, and shared that walking among them had been therapeutic during periods of severe depression. Supported the extension enthusiastically.
Supported the ordinance in principle but raised two specific concerns: (1) the 36-inch DBH threshold is inappropriate for some species that are ecologically significant at smaller sizes, and (2) the penalties ($800 minimum, $2,400 maximum per violation) are absurdly low relative to the assessed monetary value of landmark trees under certified arborist assessment methodology.
Critical of the tree ordinance as one more obstacle to housing development, particularly affordable housing. Questioned the city's ability to simultaneously protect trees, maintain greenways, expand parks, and mandate six-plexes on small lots. Referenced the comp plan's alleged $130 million/year gap in low-income housing funding. Called for more exceptions and a mitigation-based approach (similar to wetlands).
Strong advocate for the immigration resolution. Connected his oath of office to his obligation to uphold the Constitution, and offered detailed citations of federal court decisions rebuking ICE. Also the primary voice raising technical questions about the tree ordinance's critical root zone formula and whether it reflects current arboricultural science.
Primary drafter (with Williams) of the immigration resolution. Emphasized it as both a values statement and a signal of operational intent. Also raised serious concern about the Whatcom County Justice Project's financial trajectory and urged the public to engage with county processes before the April decision deadline.
Co-sponsor of the immigration resolution. Framed it as consistent with the council's 15–20 year history of standing up for civil and human rights, and as a potential model for other municipalities. Provided the council assignment report on the Parks/Greenways committee consolidation and ribbon cuttings.
Offered the most nuanced position on the resolution. As a practicing immigration attorney, she expressed concern about overpromising in broad language. Raised the "American" vs. "United States" language issue. Flagged that federal enforcement is ultimately outside local jurisdiction. Supported the resolution. Also shared that she and Police Chief Mertzik had hosted a Zoom call with nearly 90 Spanish-speaking families to explain how local law enforcement operates and to encourage 911 calls for crime.
Asked pointed questions about the tree ordinance's enforcement record, permit data accessibility, and whether escalated penalties could apply to knowing violations. Initially questioned the need for a second immigration resolution but ultimately supported it as a time-stamped historical marker of the council's position.
Supported the immigration resolution. Offered concise perspective on resolutions as communicative tools — snapshots in time that speak to both current and future audiences.
Presented the new video-format State of the City address. Proposed adding a recital to the immigration resolution celebrating local cultural events and investments. Participated in the Whatcom County Justice Project briefing.
Council Member Lilliquist on the immigration resolution:
"In this country, we do not enforce the law by breaking the law — and that's the problem I'm seeing." (Quoting U.S. District Judge Roy Dalton Jr., Florida)
Council Member Lilliquist on his oath of office:
"My oath also includes upholding the Constitution of the United States, which is a surprise to me. When you run for office, I didn't know that's part of my responsibility."
Council Member Williams on the historical significance of the resolution:
"This is something I thought I would never see in my lifetime — this kind of behavior and these kinds of actions."
Council Member Hamill on the county justice project:
"This is the largest capital project in the history of Whatcom County... for me to try to distill everything here in just a few moments is just — I'm not going to do it justice."
Council Member Anderson on the immigration resolution:
"I'm not a huge fan of resolutions, but I do appreciate this one for what it is — marking time so that people can look back at this time period and know, not only as a council but as a greater community, where we stand."
Council Member Cotton on resolution accountability:
"I take the words very seriously and I'm wanting to make sure that we're mindful of how we're able to really actually show up and deliver on that going forward."
Director Blake Lion on the landmark tree ordinance:
"We've had about 13 clearing permits in 2025 for the removal of landmark trees... and these are just the ones that have been removed. These numbers don't account for the number of general inquiries where we're able to retain the trees."
Adam Bellinger (public comment) on unintended incentives:
"Financially speaking, that incentivizes them to basically clear-cut all those lots in order to maintain their viability as being buildable. That doesn't seem to meet the intended desire of the city."
John (arborist, public comment) on fines:
"A $2,400 maximum — not to exceed $2,400 for each violation. The penalty is a joke."
Mayor Lund (State of the City video) on budget stewardship:
"Facing a $10 million budget shortfall last year, we worked hard to create a budget for 2026 that is more sustainable and more balanced, yet firmly rooted in our community's values."
Landmark Tree Ordinance
Whatcom County Justice Project
Immigration Resolution Implementation
Parks & Recreation / Greenways Advisory Board Consolidation
Ribbon Cuttings
Racial Equity Commission Community Forum
Next City Council Meeting
Executive Sessions (No action taken; watch for future items)
Landmark Tree Ordinance
Immigration Enforcement Policy
State of the City Format
Bellingham Plan (Comprehensive Plan)
Racial Equity Commission Funding
WSDOT Grants
Commute Trip Reduction Plan
Processed by Real Briefings | realhousingreform.org Meeting source: City of Bellingham City Council Regular Meeting — February 23, 2026 Transcript: SRT file via automated transcription