Everett City Council

June 7, 2017 The regular meeting of the Everett City Council was called to order at 6: 30 p. m., June 7, 2017, in the City Council Chambers of the William E. Moore Historic City Hall, Council President Tuohy presiding. Upon roll call, it was found that Mayor Stephanson and Council Members Roberts, Moore, Murphy, Franklin, Bader, Stonecipher, and Tuohy were present. Council Member Moore arrived at 6: 38 p. m. Council Member Bader led the Pledge of Allegiance. The minutes of the May 31, 2017, City Council meeting were approved as printed. Council Members Franklin and Bader abstained from the vote. MAYOR Mayor Stephanson provided a statement detailing Everett' s commitment to climate action. COUNCIL Council Member Stonecipher reminded the community that the annual Sorticulture Garden Arts Festival is scheduled for June 9- 11 at Legion Memorial Park. Council Member Bader reported on his attendance at the Puget Sound Regional Council ( PSRC) Growth Management Committee meeting that was held last week. Council Member Franklin reported that she attended the 2017 Affordable Housing Conference on June 2. She congratulated the Mayor who was the recipient of the " Housing Hero" award. Council Member Franklin stated she was happy to attend the Paine Field Groundbreaking ceremony on June 5. She also reported that on June 6, she joined the Mayor, President Tuohy, and Port officials to welcome dignitaries from Jinju, South Korea. Council Member Roberts thanked the Mayor for his ongoing commitment to climate action. He reported that he delivered a letter today, on behalf of the 158  June 7, 2017 Mayor, to Spokane Mayor Condon regarding the " Charge Across Washington" event that showcases electric vehicles and charging stations. Council Member Roberts noted the minutes of the General Government Subcommittee, which outline next steps for climate action, were distributed to Council. He also commented on his attendance at the Affordable Housing Conference on Friday and provided remarks about the Paine Field groundbreaking ceremony. Council Member Murphy reported on his attendance at the Evergreen Neighborhood meeting last week. President Tuohy provided remarks about her attendance last Friday at the Affordable Housing Conference. ADMINISTRATION UPDATE ON PRIOR BUSINESS Debra Bryant, Administration, had no report. CITY ATTORNEY City Attorney Iles had no report. CITIZEN COMMENTS Marilyn Boyd, Everett, spoke about climate action and thanked the Mayor for his earlier comments. Bruce Young, Everett, was called to speak but was not available. The following citizens spoke about the need to protect the immigration status of residents, and urged the Mayor and City Council to adopt legislation designating the city of Everett as a " Sanctuary City." Kathryn Beck, Everett Angela Di Filippo, Everett Christopher Glans, Everett 159  June 7, 2017 Liz Vogeli, Everett Paula Townsell, Everett Nila Horton, Everett Stephen Ragland, Everett Jeff Ferderer, Everett Rick Stolz, OneAmerica, Seattle City Attorney Iles, at the request of Council Member Franklin, commented on the safe city resolution that was adopted by Council. Council Member Stonecipher stated she would like to understand the potential risks of a Sanctuary City designation. President Tuohy requested the Legal Department report back to Council with a briefing. Council Member Roberts asked that Legal also look at the work that has already been done by the National League of Cities on this subject. Aaron Powell, Everett, spoke in opposition to the process for selecting a supportive housing location and the lack of outreach and public involvement. PROPOSED ACTION ITEMS: COUNCIL BILL 1705- 26 SECOND READING: AN ORDINANCE relating to the Business Improvement Area ( BIA), extending the term, modifying the special assessment levy, and approving a three-year budget, amending Ordinance No. 2842- 05, as amended 160  June 7, 2017 CONSENT ITEMS: Moved by Council Member Murphy, seconded by Council Member Bader, to approve the following consent item: RESOLUTION - CLAIMS To adopt Resolution No. 7128 acknowledging the payment of audited and approved claims against the City of Everett in the amount of 3, 690, 527. 33 for the period of May 20, 2017, through May 26, 2017. Roll was called with all council members voting yes. Motion carried. PUBLIC HEARING — COUNCIL BILL 1701- 06: President Tuohy opened the public hearing regarding a proposed ordinance regulating for-hire vehicles and repealing Ordinance 2297- 98 ( Chapter 5. 68 EMC), as amended. She detailed previous action taken relating to the proposed ordinance. Katie Rathbun, Legal, provided additional information on four different topics that were discussed at the April 19, 2017, City Council meeting, which included insurance requirements, driver lists, general business licensing, and the review period for the ordinance. She also highlighted some of the information that Legal provided in a May 18 memo to Council and commented on recent comments and concerns provided by Lyft and Uber. Considerable discussion ensued regarding the potential amendments to the proposed ordinance and concerns presented by Uber and Lyft. John Zeka, Police, provided comments relating to vehicle safety in conjunction with the age of a vehicle. Susy Haugen, Finance, provided an overview of the business licensing requirements and associated fees. 161  June 7, 2017 President Tuohy invited public comment. The following individuals spoke about the proposed ordinance: Victor Harris, Everett Caleb Weaver, Uber Public Relations, Seattle Adisu Aramde, Everett Michael Condon, Everett Nicole McClung, Everett Erik Dayton, Everett Laura Bisesto, Lyft Government Relations, San Francisco Marene Duffy, Everett Barbara Fortin, Tacoma James Lockhart, Everett Jim Reidy, Marysville Mark Ford, Seattle Sharon Bookee, Everett Robert Gallagher, Granite Falls Charles Shaw, Everett Caleb Weaver, Uber, commented on the need for clarification of language relating to a cap ondynamic pricing, background checks, investigative power, audit provisions, vehicle age, driver lists, and insurance requirements. He asked Council to consider aligning the language relating to vehicle inspections with the City of Seattle to avoid unnecessary costs for drivers. Laura Bisesto, Lyft, commented on the need for clarification of vague language in the proposed ordinance. She stated Lyft opposes the ordinance without the removal or amending the business licensing requirements for drivers and the addition of a confidentiality provision when submitting driver lists. Moved by Council Member Roberts, seconded by Council Member Bader, to close the public hearing. 162  June 7, 2017 Roll was called with all council members voting yes. Motion carried. Considerable discussion took place regarding the potential amendments to the proposed ordinance. COUNCIL BILL 1701- 06 THIRD AND FINAL READING: AN ORDINANCE regulating For- Hire Vehicles and repealing Ordinance 2297- 98 ( Chapter 5. 68 EMC), as amended Moved by Council Member Moore, seconded by Council Member Murphy, that this is declared to be the third and final reading of Council Bill No. 1701- 06 (the redlined ordinance in the Council Agenda packet). Moved by Council Member Murphy, seconded by Council Member Franklin, to adopt the amendments recommended by the Public Safety Committee or Staff' s May 18 memorandum ( as provided in the document titled " Potential Amendments to Proposed For- Hire Ordinance). Katie Rathbun, Legal, discussed each of the potential amendments to the proposed ordinance listed in the " Potential Amendments to Proposed For- Hire Ordinance" document. Moved by Council Member Murphy, seconded by Council Member Roberts, to amend Section 9. A- B to remove the proposed insurance requirements and reinstate the original language that follows Washington State law. Roll was called with all council members voting yes. Motion carried. 163  June 7, 2017 Moved by Council Member Franklin, seconded by Council Member Murphy, to amend Section 17 to provide for a review of the for-hire ordinance at least once every three years. Roll was called with all council members voting yes. Motion carried. Moved by Council Member Bader, seconded by Council Member Franklin, to amend the original motion to adopt proposed amendments. Council Member Moore clarified that the pending motion is to adopt the proposed ordinance plus the amendments just discussed ( as listed in " Potential Amendments to Proposed For-Hire Ordinance"). Council Member Bader withdrew motion. Moved by Council Member Roberts, seconded by Council Member Moore, to amend Section 7. D. to eliminate the proposed Master- level term from the safety inspection requirements. Roll was called with all council members voting yes. Motion carried. Moved by Council Member Bader, seconded by Council Member Franklin, to strike Section 7. A. eliminating the age limitations for TNC or taxicab vehicles. Roll was called with all council members voting yes, except Council Member Murphy who voted no. Motion carried. 164  June 7, 2017 The City Clerk was directed to call the roll for the final disposition of the ordinance as amended.. AYES: Roberts, Moore, Murphy, Franklin, Bader, Stonecipher, Tuohy NAYS: None EXCUSED: None Ordinance No. 3553- 17 adopted. ACTION ITEMS: AGREEMENT AMENDED — ENVIRONMENTAL CONSULTING SERVICES FOR DEEP WATER OUTFALL Moved by Council Member Moore, seconded by Council Member Bader, to authorize the Mayor to sign Amendment No. 4 to the Professional Services Agreement with Floyd/ Snider for environmental consulting services for the Deep Water outfall and ancillary facilities for an additional $ 54, 065. Roll was called with all council members voting yes. Motion carried. AGREEMENT AMENDED — EVERETT LANDFILL CLEANUP Moved by Council Member Moore, seconded by Council Member Bader, to authorize the Mayor to sign the Amendment No. 1 to the Remedial Grant Agreement with the State of Washington Department of Ecology extending the funding expiration date of the grant to June 3, 2019. Roll was called with all council members voting yes. Motion carried. 165  June 7, 2017 AGREEMENT AMENDED —2017 BIOSOLIDS REMOVAL PROJECT Moved by Council Member Bader, seconded by Council Member Stonecipher, to authorize the Mayor to sign Change Order 1 to the contract with American Process Group Inc., for the 2017 Biosolids Removal Project, which will result in a cost increase of$ 34, 334. 65 and bring the total contract value to $ 638, 120. 65. Roll was called with all council members voting yes. Motion carried. AGREEMENT —PARAMEDIC STUDENT TRAINING Moved by Council Member Murphy, seconded by Council Member Moore, to authorize the Mayor to sign the Affiliation Agreement with Central Washington University for training of paramedic students, at no cost to the City. Roll was called with all council members voting yes. Motion carried. The City Council adjourned at 9: 15 p. m. n City Clerk Read and approved as printed. Co n I Presiddt 166