Everett City Council

December 18, 2019 The regular meeting of the Everett City Council was called to order at 6: 30 p. m., December 18, 2019, in the City Council Chambers of the William E. Moore Historic City Hall, Council President Bader presiding. Upon roll call, it was found that Mayor Franklin and Council Members Roberts, Vogeli, Bader, Stonecipher, and Tuohy were present. Council Members Moore and Murphy were excused. Mayor Franklin led the Pledge of Allegiance. The minutes of the December 11, 2019, City Council meeting were approved as printed. MAYOR Mayor Franklin had no comments. COUNCIL Council Member Roberts provided a recap from the General Government Subcommittee meeting held earlier this evening. He also reported on his attendance at the 2019 Annual Navy Station Everett dinner on Saturday. Council Member Roberts stated that tomorrow, he will attend the Puget Sound Clean Air Agency Board public hearing on the Regional Clean Fuel Standard. Moved by Council Member Roberts, seconded by Council Member Stonecipher, to ask staff to draft a resolution that declares a climate emergency. Council Member Stonecipher wished citizens, staff, and colleagues happy holidays. President Bader echoed Council Member Stonecipher' s comment and wished everyone happy holidays. He also announced that the council meeting of December 25 is cancelled. The next special council meeting will be held on December 31 at 12: 30 p. m. 393  December 18, 2019 ADMINISTRATION UPDATE ON PRIOR BUSINESS Chief of Staff Lyle Ryan had no report. CITY ATTORNEY City Attorney David Hall requested a 20- minute executive session concerning two legal matters pursuant to RCW 42. 30. 110 ( 1)( i)( 3) and three labor agreements, with a potential announcement and an action to follow. Mr. Hall provided clarification regarding a technical procedure related to the amendment that was part of recently adopted Ordinance 3714- 19 establishing an Everett Station District Business Improvement Area ( BIA). Mr. Hall stated that if the Council adopts an ordinance with different boundaries than were specified in the original notice, an additional public hearing is required. Moved by Council Member Tuohy, seconded by Council Member Roberts to set an additional public hearing regarding the Everett Station District Business Improvement Area ( BIA) on January 22, 2020, and to extend the effective date of Ordinance 3714- 19, and to make other amendments as necessary. Roll was called with all council members voting yes, except Council Members Murphy and Moore who were excused. PUBLIC COMMENT Alan Mizuta, Everett, spoke about Everett Station District Business Improvement Area ( BIA) formation process. Council Member Stonecipher requested a presence of a consultant at the public hearing on January 22. Chief of Staff Lyle Ryan stated that staff will work with consultant. 394  December 18, 2019 William Pareut, Everett, spoke about a municipal court matter. Jean Rittmann, Everett, spoke about the status of court cases filed by her against the City. City Attorney Hall reminded the Council and the public that the City has investigated Ms. Rittmann' s allegations and provided clarification regarding the status of Ms. Rittmann' s cases. Mr. Hall also stated that Ms. Rittmann' s dispute is with the private property owner, and there is nothing more the City can do for Ms. Rittmann at this point. CONSENT ITEMS: Moved by Council Member Roberts, seconded by Council Member Stonecipher, to approve the following consent items: RESOLUTION - CLAIMS To adopt Resolution No. 7459 acknowledging the payment of audited and approved claims against the City of Everett in the amount of$ 3, 459, 403. 01 for the period of November 30, 2019, through December 6, 2019. RESOLUTION — ELECTRONIC TRANSFER CLAIMS To adopt Resolution No. 7460 authorizing electronic transfer claims against the City of Everett in the amount of$ 7, 224, 215. 08 for the period of October 1, 2019, through October 31, 2019. PURCHASE — TWO ELECTRIC FIXED- ROUTE TRANSIT BUSES AND TWO CHARGERS To authorize the purchase of two electric fixed- route transit buses and two chargers from Proterra Inc., using the Commonwealth of Virginia contract in the amount of$ 1, 963, 630. 395  December 18, 2019 J. T. Dray, Mill Creek, spoke about bus services in the neighborhoods and asked if there are any contractual restrictions related to the purchase of the two electric buses. Council Member Stonecipher echoed Mr. Dray' s comments and asked if buses can be deployed to any route, and if there are any other contractual restrictions. Tom Hingson, Everett Transit, stated that there are no contractual restrictions and buses can be deployed to any route. GRANT— HOUSING ACTION PLAN To authorize the Mayor to execute a grant with Washington State Department of Commerce for a Housing Action Plan. GRANT- 2020 MARINE PATROL FEDERAL FINANCIAL ASSISTANCE GRANT To authorize the Mayor to sign all necessary documents with the Washington State Parks and Recreation Commission regarding agreement, utilization, and acceptance of the FFY 2020 Marine Patrol Federal Financial Assistance Grant Program in the amount of$ 14, 360. 51. TEMPORARY DISPOSAL EASEMENT AGREEMENT — PLACEMENT OF DREDGE MATERIALS To authorize the Mayor to sign the Temporary Disposal Easement Agreement with the Port of Everett for the placement of dredge materials from the Snohomish River onto city- owned property. RFP AWARD— ROCK SCREENER To award request for proposal # 2019- 062 Rock Screener to Northwest Equipment Systems LLC in an amount not to exceed $ 232, 776, including Washington State sales tax. 396  December 18, 2019 RFP AWARD— TREE TRIMMING AND REMOVAL SERVICE To award Request for Proposal # 2019- 097 for tree evaluation services to Gray Owl Services Inc. and tree trimming and removal service to Mike' s Affordable Tree Service and Gray Owl Services Inc. for one year, with additional four one- year terms for approximately $ 125, 000 annually. AGREEMENT AMENDED— EVERETT DOWNTOWN PARKING STUDY To authorize the Mayor to sign Amendment No. 1 to the Professional Services Agreement ( PSA) with Barney & Worth, Inc. for the Everett Downtown Parking Study- 2019 Update. Roll was called with all council members voting yes, except Council Members Murphy and Moore who were excused. Motion carried. ACTION ITEMS: COUNCIL BILL 1912- 64 THIRD AND FINAL READING: AN ORDINANCE creating a Special Improvement Project, entitled " Casino Road & 5th Avenue W. Pedestrian Safety," Fund 303, Program 117, amending Ordinance No. 3702- 19 Moved by Council Member Tuohy, seconded by Council Member Vogeli, that this is declared to be the third and final reading of Council Bill No. 1912- 64. The City Clerk was directed to call the roll for the final disposition of the ordinance. AYES: Roberts, Vogeli, Bader, Stonecipher, Tuohy 397  December 18, 2019 NAYS: None EXCUSED: Moore, Murphy Ordinance No. 3718- 19 adopted. COUNCIL BILL 1912- 65 THIRD AND FINAL READING: AN ORDINANCE creating a Special Improvement Project, entitled Edgewater Bridge Replacement," Fund 303, Program 115, to accumulate all costs for the improvement and repealing Ordinance No. 3636- 18 Moved by Council Member Tuohy, seconded by Council Member Stonecipher, that this is declared to be the third and final reading of Council Bill No. 1912- 65. The City Clerk was directed to call the roll for the final disposition of the ordinance. AYES: Roberts, Vogeli, Bader, Stonecipher, Tuohy NAYS: None EXCUSED: Moore, Murphy Ordinance No. 3719- 19 adopted. COUNCIL BILL 1912- 67 THIRD AND FINAL READING: AN ORDINANCE creating a Special Improvement Project, entitled " Water Main Replacement V," Fund 336, Program 004 Moved by Council Member Roberts, seconded by Council Member Tuohy, that this is declared to be the third and final reading of Council Bill No. 1912- 67. The City Clerk was directed to call the roll for the final disposition of the ordinance. 398  December 18, 2019 AYES: Roberts, Moore, Murphy, Vogeli, Bader, Stonecipher, Tuohy NAYS: None EXCUSED: Moore, Murphy Ordinance No. 3720- 19 adopted. RESOLUTION — USE OF PROJECT LABOR AGREEMENTS AND COMMUNITY WORK FORCE AGREEMENTS Moved by Council Member Roberts, seconded by Council Member Stonecipher, to adopt Resolution No. 7461 to consider the use of Project Labor Agreements and Community Work Force Agreements for major construction projects. The following individuals spoke in opposition to the proposed resolution: Frank Imhof, Bellingham Todd Pike, Wenatchee Lance Calloway, Bellingham Jim Gebhardt, Bellingham Stacy Martin, Everett, spoke in support of the proposed resolution. Moved by Council Member Stonecipher, seconded by Council Member Vogeli, tostrike the verbiage " upon request by City Council" from Section 3 of the proposed resolution. Roll was called with all council members voting yes, except Council Members Moore and Murphy who were excused. Motion carried. Moved by Council Member Bader, seconded by Council Member Stonecipher, to amend Section 1 of the proposed resolution by increasing the estimated total project construction costs from $ 5, 000, 000 to $ 10, 000, 000. 399  December 18, 2019 Roll was called with all council members voting no, except Council Member Bader who voted yes and Council Members Moore and Murphy who were excused. Motion failed. Roll was called to adopt Resolution No. 4761 as amended with all council members voting yes, except Council Members Moore and Murphy who were excused. Motion carried. COUNCIL BRIEFING AGENDA: Third Workshop regarding Everett Transit. Presented by Paul Kaftanski, Administration Discussion took place regarding three policy options: the difference in funding between Community Transit and Everett Transit, Sound Transit operation review, the possibility of contracting services, Light Rail terminus and Everett Station, and the work of the Transportation Advisory Committee. Council affirmed that staff should further investigate and analyze the ' LRP- Growth" and " Unified" policy options in 2020. J. T. Dray, Mill Creek, spoke about the level of cooperation between agencies, the 20- year plan, and the efficiency of bus routes. Councilmember Vogeli asked if a Transit Commission could be established via the Mayor or the Council. President Bader stated information regarding the formation of Boards and Commissions will be provided to Council Member Vogeli. 400  December 18, 2019 PROPOSED ACTION ITEMS: COUNCIL BILL 1912- 68 SECOND READING: AN ORDINANCE updating the Everett Civil Service Commission, amending Ordinance No. 1069- 84, as previously amended COUNCIL BILL 1912- 69 SECOND READING: AN ORDINANCE relating to Emergency Medical Services amending Ordinance No. 3205- 10 President Bader announced the City Council would recess for an Executive Session for a period of 20 minutes with potential action to follow. The City Council recessed at 8: 29 p. m. and reconvened at 8: 49 p. m. Moved by Council Member Tuohy, seconded by Council Member Roberts, to authorize the Mayor to sign the settlement agreement with Domanick Wigren, concerning his tort claim with the City, in the amount of$ 55, 000. Roll was called with all council members voting yes, except Council Members Murphy and Moore who were excused. Motion carried. 401  December 18, 2019 The City Council meeting adjourned at 8: 50 p. m. 272 1 City Clerk Designee Read and approved as printed. Council President 402