Everett City Council

July 28, 2021 President Stonecipher announced that the Council is still abiding by Governor Inslee' s Healthy Washington guidelines, and as a result, City Council meetings will continue to be held remotely with all meetings scheduled at 6: 30 p. m. each Wednesday, except the fourth Wednesday of the month when the meeting is scheduled at 12: 30 p. m. She stated a reopening plan is being developed, and the Council will be prepared to make an announcement at a future meeting. President Stonecipher announced that citizens are encouraged to view meetings live on Comcast Channel 21, Frontier Channel 29, and on the City website at www. everettwa. gov/ citycouncil. Individuals may also call in to listen to the live meeting at any point by dialing 425. 616. 3920, Conference ID 724 887 726#. She stated the public is welcome to provide comments on any matter via email at council@everettwa. gov, and for community members wishing to participate by phone during the meeting, a weekly conference ID number may be obtained by calling the Council office at 425. 257. 8703 or via email at council@everettwa. gov. She asked that comments be respectful, and remarks limited to three minutes. She added that the Council does not allow comments on certain issues such as: campaigning of any kind — whether for or against ballot measures or candidates running for is legally prohibited at the meeting, and comments focused on office— personal matters that are unrelated to City business. The regular meeting of the Everett City Council was called to order at 6: 32 p. m., July 28, 2021, Council President Stonecipher presiding. Upon roll call, it was found that Mayor Franklin and Council Members Roberts, Moore, Murphy, Vogeli, Stonecipher, and Tuohy were present. Council Member Bader was expected to be a few minutes late. The minutes of the July 14, 2021, City Council meeting were approved as printed. MAYOR OATH — POLICE OFFICER Moved by Council Member Roberts, seconded by Council Member Tuohy, to concur with the appointment of Connor Rose as a new Everett police officer. 1  July 28, 2021 Roll was called with all council members voting yes, except Council Member Bader who was excused. Motion carried. The City Clerk administered the oath of office, and the Mayor and council members congratulated and welcomed Police Officer Rose. Mayor Franklin expressed concern regarding the COVID- 19 Delta variant. She urged residents to exhibit caution and to wear masks when indoors to reduce the spread. The Mayor also announced that masking is now required in the Everett library branches. COUNCIL Council Member Murphy announced that there will be limited activities during National Night Out Against Crime" celebrations on August 3. He encouraged residents to stay safe and to contact the Council office for additional neighborhood event details. Council Member Murphy spoke about the passing last week of former Mayor Robert " Bob" Anderson and his many contributions to the city of Everett. Council Member Tuohy also acknowledged the loss of former Mayor Anderson. She noted Bob will be missed by many and his contributions will continue through the arts and economic development. She also spoke about her attendance yesterday at the groundbreaking ceremony of the new fusion energy facility to be built by Helion Energy. Council Member Tuohy also reported she attended, along with the Mayor and Council Member Bader, the reopening of the Forest Park Playground. She provided a liaison report from her attendance at the Council of Neighborhoods meeting this week. Council Member Vogeli echoed the Mayor' s comments regarding the seriousness of the COVID- 19 Delta variant, especially for children who are not eligible for the vaccine. She reported on her attendance of the grand reopening of Scrub' s place 2  July 28, 2021 on Evergreen Way. Council Member Vogeli also reported on her attendance at the meeting of the Lowell Neighborhood Association. Council Member Roberts offered condolences to the family of former Mayor Anderson and commented on the great contributions he gave to this community. Council Member Roberts spoke about the Helion Energy company' s groundbreaking ceremony and the joy of seeing a top- notch green energy high- tech company locating in Southwest Everett. He thanked the City team for their work in bringing Helion to Everett. President Stonecipher spoke about the passing of former Mayor Anderson and extended condolences to Donna Anderson and family. She also reported that a briefing will be provided next week regarding options for the reopening of public City Council meetings. Council Member Bader joined the meeting at about 12: 50. He spoke about his attendance at the ribbon- cutting ceremony at Forest Park Playground and thanked City staff. Council Member Bader also extended condolences to the family of former Mayor Anderson. Council Member Bader thanked Chief Templeman for his recent comments on Facebook and other media making residents aware of the changes of the laws from Olympia and the associated challenges faced by Everett police officers. He added that he looked forward to a future briefing from Chief Templeman. ADMINISTRATION UPDATE Lori Cummings, Administration, had no comments. CITY ATTORNEY City Attorney David Hall requested a 10- minute executive session regarding a legal matter pursuant to RCW 42. 31. 110( 1)( h)( iii) with potential Council action to follow. He also provided an update on the Purdue Pharma bankruptcy plan, which would resolve thousands of lawsuits and set in motion the release of $ 4. 5 billion 3  July 28, 2021 from the Sackler family to help cover costs from the opioid epidemic. He noted that although the City won' t likely receive much credit, Everett should be proud of its role in changing the entire legal landscape around the opioid epidemic. Mayor Franklin thanked the Legal Department for reminding us of the historical move regarding Purdue Pharma and thanked the legal department for its leadership. Council Member Roberts thanked the City' s legal team and President Stonecipher for her role in bringing information forward that was disclosed in the Los Angeles Times investigation. PUBLIC COMMENTS: Deb Williams, Council, stated there were no written comments submitted and no requests for public comment. CONSENT ITEMS: Moved by Council Member Roberts, seconded by Council Member Tuohy, to approve the following consent items: RESOLUTION — CLAIMS To adopt Resolution No. 7666 authorizing claims against the City of Everett in the amount of$ 2, 310, 772. 04 for the period of July 3, 2021, through July 9, 2021. RESOLUTION — CLAIMS To adopt Resolution No. 7667 authorizing claims against the City of Everett in the amount of $ 1, 122, 220. 65 for the period of July 10, 2021, through July 16, 2021. 4  July 28, 2021 RESOLUTION — PAYROLL CLAIMS To adopt Resolution No. 7668 authorizing payroll claims against the City of Everett in the amount of$ 4, 448, 175. 32 for the period ending July 3, 2021. RESOLUTION — ELECTRONIC TRANSFER CLAIMS To adopt Resolution No. 7669 authorizing electronic transfer claims against the City of Everett in the amount of $ 7, 251, 021. 90 for the period of June 1, 2021, through June 30, 2021. AGREEMENT— EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT To authorize the Mayor to sign all necessary documents and agreements with the Bureau of Justice Assistance regarding the application, acceptance, and utilization of the Edward Byrne Memorial Justice Assistance Grant Program in the amount of$ 41, 370. BID AWARD — MAINTENANCE, REPAIR, AND OPERATING MATERIALS To award Invitation for Bid # 2021- 039 Maintenance, Repair, and Operating MRO) Materials to Keller Supply Co, Iconix Waterworks, H. D. Fowler Co., Inc., and Ferguson Enterprises LLC for one ( 1) year, with two ( 2) additional one- year extension options for approximately $ 450, 000 annually. AGREEMENT AMENDED— 3600 SMITH AVENUE CLEANUP PROJECT To authorize the Mayor to sign Amendment No. 3 to the Professional Services Agreement with GeoEngineers for the 3600 Smith Avenue Cleanup Project in the amount of$ 27, 960. AGREEMENT— BENEFIT CONCIERGE SERVICES To authorize the Mayor to sign the agreement with Rightway Healthcare for benefit concierge services in substantially the form provided. 5  July 28, 2021 Roll was called with all council members voting yes. Motion carried. PROPOSED ACTION ITEMS: COUNCIL BILL 2107- 23 FIRST READING: AN ORDINANCE relating to Stormwater Controls in the Combined Sewer Area, amending Ordinance No. 3731- 20 ACTION ITEMS: AGREEMENT AMENDED— REAPPOINTMENT OF HEARING EXAMINER Moved by Council Member Moore, seconded by Council Member Bader, to concur with the Mayor' s re- appointment of the Hearing Examiner and authorize the Mayor to sign Amendment# 1 to the Personal Services Contract with Sharon Rice as the Land Use and Code Enforcement Hearing Examiner for a term of four years beginning August 1, 2021. Roll was called with all council members voting yes. Motion carried. COUNCIL BRIEFING AGENDA: Public Private Partnership to provide Senior Center Management & Programming to Volunteers of America Western Washington Presented by Bob Leonard, Parks & Facilities; Steve Corsi, Volunteers of America 6  July 28, 2021 Discussion took place regarding the concern that the Senior Center will only reopen virtually until the end of the year, a 14- year agreement with heavy front- loaded fees for the first seven years, indemnification and risks if someone catches COVID- 19 after reopening, an increase in fee rates for seniors, the need for review of the service program annually by City staff and citizens, VOA staffing and salaries, the availability of the lunch program, and the ability to provide a cooling or smoke- free location, and distribution of paid parking fees, and impacts to the City budget. Steve Corsi thanked City staff — Bob Leonard and Kimberly Shelton, Parks & Facilities; and Theresa Bauccio- Teschlog, Procurement — for their excellent work on the project. City of Everett Health Plan Briefing Presented by Marcy Hammer, Human Resources; Nora Ross, Vera Clinic Discussion ensued regarding the number of employees migrating from the HMA PPO plan to the HMA consumer- driven health plan ( CDHP), opportunities for additional use of the Vera Clinic by City staff or other small partners, and the level of coaching success in reaching individuals with chronic conditions, and possible incentives to encourage employees to migrate to the CDHP and to visit the Vera Clinic. Council Member Moore left the meeting at about 1: 45 p. m. President Stonecipher stated she would like to see some statistics relating to the success of the Vera Clinic coaching program. She also requested more information about the relative percentage of City enrollment in the CDHP compared to other organizations. Marcy Hammer stated she would get back with more information on percentages. Budget Development Briefing Presented by Susy Haugen, Finance Department 7  July 28, 2021 Susy Haugen presented an update on the General Government' s budget performance through June and a review of items that were added to the balancing list since the last briefing. She noted that staff should finish up the forecast in the next few weeks, and that she will be back to update the Council in August, which will include budget numbers for the Senior Center. Discussion took place regarding the distribution of American Rescue Plan ( ARP) funds, including use of funds to jump start the economy, funds for residents and non- profits who have struggled, and possible replenishment of funds for City operation. Also suggested was a review of the contract between Everett Transit and Community Transit and how Paratransit may be utilized to increase revenue, increasing fees for construction permits, developing clear rules that apply equally to housing projects and automatically approving projects that conform to these rules, and more discussion around jail fees. The Mayor stated that Administration is currently reviewing opportunities for possible ways to use the one- time ARP funds. She noted that during previous ARP trainings, it was strongly urged for non- operational uses. She stated she is currently working closely with-other jurisdictions and Snohomish County. EXECUTIVE SESSION: The City Council recessed at 2: 45 p. m. for a 10- minute executive session. President Stonecipher reconvened the meeting at 2: 56 p. m. and called for a time extension of the executive session not to exceed 10 minutes. The Council reconvened at 3: 08 p. m. City Attorney Hall requested City Council to authorize the Mayor to execute an agreement settling a potential claim against the Wilbur- Ellis company related to damage to the greens at the Walter Hall Golf Course. He stated that the settlement of the claim would obligate Wilbur- Ellis to replace the existing greens with quality new greens, and the authorization is contingent on Wilbur- Ellis' agreement to language in a release agreement satisfactory to the City Attorney. 8  July 28, 2021 RELEASE AGREEMENT— WALTER HALL GOLF COURSE GREENS Moved by Council Member Vogeli, seconded by Council Member Roberts, to authorize the Mayor to sign the settlement agreement with Wilber- Ellis. Roll was called with all council members voting yes, except Council Member Moore who was excused. Motion carried. The City Council meeting was adjourned at 3: 10 p. m. City Clerk Read and approved as printed. Co cil Presiden 9