Everett City Council

March 18, 2020 The regular meeting of the Everett City Council was called to order at 6: 30 p. m., March 18, 2020, in the City Council Chambers of the William E. Moore Historic City Hall, Council President Tuohy presiding. In response to COVID- 19, President Tuohy reviewed new procedures for future City Council meetings. She announced that beginning next week, meetings will be held remotely and that the City will no longer have the capacity to allow the public to attend. This will ensure that everyone may adhere to the social distancing needed to remain safe. She stated that citizens may watch meetings on Comcast Channel 21, Frontier Channel 29, or online at www. everettwa. gov/ city council. The City Council chambers will also be made available during the meeting so that citizens may watch the meetings on televised monitors, and comments may be forwarded via email to council@everettwa. gov . Upon roll call, it was found that Mayor Franklin and Council Members Roberts, Moore, Murphy, Vogeli, Bader, Stonecipher, and Tuohy were present. Council Member Bader led the Pledge of Allegiance. The minutes of the March 11, 2020, City Council meeting were approved as printed. Council Members Roberts and Vogeli abstained from the vote. MAYOR OATH — POLICE OFFICERS Moved by council Member Bader, seconded by Council Member Murphy, to concur with the appointment of Natalie Given as a new police officer. Roll was called with all council members voting yes. Motion carried. 81  March 18, 2020 The City Clerk administered the oath of office, and Mayor Franklin presented the new police officer with her badge. Mayor Franklin provided an update on work being done by the City in response to COVID- 19. She announced that due to the recent COVID- 19 pandemic crisis and the effect it is taking on the City budget, along with the ongoing structural deficit, the City needs to take emergency action to reduce costs and the City' s great expense in the General Fund is labor and benefits. She asked for Council' s concurrence to adopt an emergency ordinance establishing a voluntary Separation Incentive Program that will be available to all eligible City of Everett employees. Kandy Bartlett, Human Resources, provided an overview of the Separation Incentive Program. COUNCIL BILL 2003- 21 FIRST, SECOND, THIRD AND FINAL READING: AN EMERGENCY ORDINANCE establishing a Separation Incentive Program for Eligible City of Everett Employee. Moved by Council Member Bader, seconded by Council Member Murphy, that this is declared to be the third and final reading of Council Bill No. 2003- 21. The City Clerk was directed to call the roll for the final disposition of the ordinance. AYES: Roberts, Moore, Murphy, Vogeli, Bader, Stonecipher, Tuohy NAYS: None EXCUSED: None Ordinance No. 3736- 20 adopted. 82  March 18, 2020 CIVIL EMERGENCY ORDER City Attorney David Hall provided a briefing on the Civil Emergency Order, Moratorium on Residential Evictions, which was issued by Mayor Franklin pursuant to her proclamation of civil emergency last week. He stated the emergency order takes effect immediately per City code; however, the order must be ratified by City Council to remain in effect. Considerable discussion ensued regarding the effective period and possible time extension, and the impact on landlords. Moved by Council Member Vogeli, seconded by Council Member Moore, to approve the Civil Emergency Order Moratorium on Residential Evictions. Roll was called with all council members voting yes. Motion carried. COUNCIL Council Member Moore announced that, on behalf of public school districts and in response to the Governor' s proclamation, he would like to use this forum to reach out to needy families who need access to breakfast and lunch programs. He stated that this program is available to all students regardless of income. He stated that pick- up stations are available and that home delivery may be requested. Council Member Roberts and Vogeli provided updates from their attendance at the National League of Cities ( NLC) conference. Council Member Murphy urged residents and friends to support local businesses in Everett during the COVID- 19 pandemic. He also thanked City staff for their continued work during this challenging time. President Tuohy recognized City staff for their continued work to protect citizens and to keep City services moving. 83  March 18, 2020 ADMINISTRATION UPDATE ON PRIOR BUSINESS Deputy Mayor Nick Harper thanked City staff and council members for their continued commitment to the community. Daniel Monroe, IT staff, provided information on options for remote meeting technologies for the Everett City Council with the goal to go live on March 25. Mayor Franklin requested council members provide their technical preferences for remote meeting access to Deb Williams no later than tomorrow so that IT may begin work. CITY ATTORNEY City Attorney Hall requested a 10- minute executive session concerning a legal matter pursuant to RCW 42. 30. 110( 1)( c)( iii) with possible action to follow. PUBLIC COMMENT There were no citizens in attendance. CONSENT ITEMS: Moved by Council Member Murphy, seconded by Council Member Bader, to approve the following consent items: RESOLUTION - CLAIMS To adopt Resolution No. 7494 acknowledging the payment of audited and approved claims against the City of Everett in the amount of$ 1, 418, 809. 83 for the period of February 29, 2020, through March 6, 2020. 84  March 18, 2020 RESOLUTION — PAYROLL To adopt Resolution No. 7495 authorizing payroll claims against the City of Everett in the amount of$ 4, 315, 838. 75 for the period ending February 29, 2020. AGREEMENT AMENDED— 3600 SMITH STREET CLEAN UP To authorize the Mayor to sign the 3600 Smith Street Clean Up - Change Order No. 1 with 10 Environmental and Infrastructure, Inc. in the amount of 72, 863. 42. AGREEMENT— LOCAL TRANSIT SERVICES' OPTION ANALYSIS- PHASE 2 To authorize the Mayor to sign a Professional Service Agreement with Nelson/ Nygaard regarding local transit services' option analysis - Phase 2 in an amount not to exceed $ 164, 174. AGREEMENT— PORT GARDNER STORAGE FACILITY- FACILITIES PLAN Authorize the Mayor to sign a Professional Services Agreement with HDR, Inc. to provide engineering services for the Port Gardner Storage Facility- Facilities Plan in the amount of$ 997, 885. JOB COMPLETE— EVERGREEN BRANCH LIBRARY EXPANSION PROJECT To accept the construction of the Evergreen Branch Library Expansion Project as complete and authorize the Mayor to sign the Certificate of Completion with Faber Construction Corporation in the amount of$ 5, 248, 803. 48. AGREEMENT AMENDED — SEI TO SRI INTERTIE AND SRO8 OUTFALL REHABILITATION FINAL DESIGN AND CONSTRUCTION SUPPORT To authorize the Mayor to sign Amendment No. 2 with Jacobs Engineering Group Inc. for SEI to SRI Intertie and SRO8 Outfall Rehabilitation Final Design and Construction Support in the amount of$ 187, 172. 85  March 18, 2020 GRANT— URBAN AREA SECURITY INITIATIVE To authorize the Mayor to sign all necessary documents with Snohomish County Department of Emergency Management regarding utilization and acceptance of 11, 000 in grant monies from the Urban Area Security Initiative. AGREEMENT AMENDED— 2020 WATER FILTER PLANT FACILITIES PLAN To authorize the Mayor to sign Amendment No. 1 to the Professional Services Agreement with Brown and Caldwell, Inc. to prepare the 2020 Water Filter Plant Facilities Plan to extend the contract completion date and increase the compensation by$ 52, 448 for a total amount not to exceed $ 517, 053. Roll was called with all council members voting yes. Motion carried. ACTION ITEMS: COUNCIL BILL 2003- 11 THIRD AND FINAL READING: AN ORDINANCE creating a Special Improvement Project, entitled " Beverly Lake Sewer Improvements," Fund 336, Program 011 Moved by Council Member Bader, seconded by Council Member Murphy, that this is declared to be the third and final reading of Council Bill No. 2003- 11. The City Clerk was directed to call the roll for the final disposition of the ordinance. 86  March 18, 2020 AYES: Roberts, Moore, Murphy, Vogeli, Bader, Stonecipher, Tuohy NAYS: None EXCUSED: None Ordinance No. 3737- 20 adopted. COUNCIL BILL 2003- 12 THIRD AND FINAL READING: AN ORDINANCE creating a Special Improvement Project, entitled California Street Pedestrian & Bicycle Corridor," Fund 303, Program 119 Moved by Council Member Murphy, seconded by Council Member Bader, that this is declared to be the third and final reading of Council Bill No. 2003- 12. The City Clerk was directed to call the roll for the final disposition of the ordinance. AYES: Roberts, Moore, Murphy, Vogeli, Bader, Stonecipher, Tuohy NAYS: None EXCUSED: None Ordinance No. 3738- 20 adopted. COUNCIL BILL 2003- 13 THIRD AND FINAL READING: AN ORDINANCE creating a Special Improvement Project, entitled " Fund 145 Non- Motorized Improvements," Fund 303, Program 118 Moved by Council Member Murphy, seconded by Council Member Bader, that this is declared to be the third and final reading of Council Bill No. 2003- 13. The City Clerk was directed to call the roll for the final disposition of the ordinance. 87  March 18, 2020 AYES: Roberts, Moore, Murphy, Vogeli, Bader, Stonecipher, Tuohy NAYS: None EXCUSED: None Ordinance No. 3739- 20 adopted. COUNCIL BILL 2003- 14 THIRD AND FINAL READING: AN ORDINANCE imposing a Sales and Use Tax to provide for Affordable and Supportive Housing: creating the Affordable/ Supportive Housing Sales Tax Credit Fund; adding a new Chapter to Title 3 of the Everett Municipal Code Moved by Council Member Roberts, seconded by Council Member Bader, that this is declared to be the third and final reading of Council Bill No. 2003- 14. The City Clerk was directed to call the roll for the final disposition of the ordinance. AYES: Roberts, Moore, Murphy, Vogeli, Bader, Stonecipher, Tuohy NAYS: None EXCUSED: None Ordinance No. 3740- 20 adopted. COUNCIL BRIEFING AGENDA: COUNCIL BILL 2003- 16 FIRST READING: AN ORDINANCE approving the appropriations of the 2020 City of Everett Budget and amending Ordinance No. 3707- 19 Presented by Susy Haugen, Finance 88  March 18, 2020 Council Member Roberts requested an update on funds remaining for the street overlay maintenance program. Mayor Franklin stated she would ask City staff to follow up. Adopt Resolution authorizing the declaration of certain city owned properties as surplus and authorizing the sale and disposition of those properties Presented by Paul McKee, Real Properties COUNCIL BILL 2003- 17 FIRST READING: AN ORDINANCE creating a Special Improvement Project, entitled " Jackson Park Area Stormwater Separation and Treatment," Fund 336, Program 012 Presented by Ryan Sass, Public Works PROPOSED ACTION: COUNCIL BILL 2002- 7 SECOND READING: AN ORDINANCE increasing the permitted Recreational number of Marijuana Retail Stores to not be more than eight, amending Section C of Ordinance No. 3486- 16 ( EMC 19. 38. 145, as amended) President Tuohy stated that considering the public is not able to make public comment at this time, Council Bill 2002- 7 would be moved to third and final reading at a future date when the normal Council meeting schedule resumes. Council Member Vogeli expressed concern about the delays on this ordinance. 89  March 18, 2020 Mayor Franklin stated that City resources have been strained during the COVID- 19 crisis, and staff are working on more urgent issues at the present time. COUNCIL BILL 2003- 15 SECOND READING: AN ORDINANCE amending Ordinance No 2784- 04, to align motorized scooter regulations with Bicycle regulations and other State Laws related to motorized foot scooters EXECUTIVE SESSION The City Council recessed for an executive session at 8: 06 p. m. and reconvened at 8: 16 p. m. Moved by Council Member Bader, seconded by Council Member Murphy, to authorize the Mayor to sign a Settlement Agreement for a slip- and- fall case in the amount of$ 10, 000. Roll was called with all council members voting yes. Motion carried. The City Council meeting was adjourned at 8: 17 p. m. City Clerk Read and approved as printed. cii Pr: Co, 4. nt s 90