Everett City Council

December 1, 2021 The regular meeting of the Everett City Council was called to order on Wednesday, December 1, at 6: 30 p. m., Council President Stonecipher presiding. President Stonecipher announced that the Council is still abiding by Governor Inslee' s Healthy Washington guidelines, and as City Council meetings will a result, 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. He stated the City Council is prepared to open the Council chambers when public health considerations indicate it is safe to do so. Council 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#. He stated the public is welcome to provide comments on any matter via email at council@everettwa. gov. He also provided instructions for community members wishing to participate live during a future meeting. He asked that comments be respectful, and remarks limited to three minutes. He 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 office— is legally prohibited at the meeting, and comments focused on personal matters that are unrelated to City business. Upon roll call, it was found that Mayor Franklin and Council Members Roberts, Moore, Murphy, Vogeli, Bader, Stonecipher, and Tuohy were present. On behalf of the City council, Council Member Roberts acknowledged the original inhabitants of this place, the sduhubs people and their successors, the Tulalip Tribes. Council Member Bader led the Pledge of Allegiance. APPROVAL OF MINUTES: The minutes of the November 24, 2021, City Council meeting were approved as printed. 1  December 1, 2021 MAYOR OATH — POLICE OFFICERS Moved by Council Member Roberts, seconded by Council Member Tuohy, to concur with the appointments of Alex Guzman- Rodriguez and Storm Hendrix as new Everett police officers. Roll was called with all council members voting yes. Motion carried. The City Clerk administered the oaths of office, and the Mayor and council members congratulated and welcomed Police Officers Guzman- Rodriguez and Hendrix. COUNCIL Council Member Moore provided a liaison report on his meeting with Ryan Sass, Public Works. He noted that he supports the current leadership model of collaboration with City departments. Council Member Roberts reported that he and Mayor Franklin attended at a kick- off meeting of Sound Transit Elected Leadership Group meeting for Everett Link Extension. He noted Sound Transit will be accepting citizen comments until December 10, 2021. Council Member Bader commented on Snohomish County leaders move to consider increasing sales tax to fund new affordable housing. He expressed concern that a sales tax increase may detrimentally affect Everett' s efforts to increase sale tax for Everett transit. Council Member Bader also expressed concern that the County Council may not be able to place conditions on the use of American Rescue Plan Act (ARPA) funds used to purchase an Everett Hotel for the homeless such as requiring residents be enrolled in a treatment program or to 2  December 1, 2021 restricting eligibility to those who were Everett residents when they became homeless. Council Member Bader asked that City staff contact Snohomish County to get clarification. He also expressed concern that should the County not be able to place conditions on the project for Everett residents, the City could face a situation like the occurrences around the Gospel Mission. He asked for support from colleagues to request the City Attorney come back with a no- sit, no- lie, ordinance within approximately six blocks of this project. Council Member Murphy seconded Council Member Bader' s request to work with the City Attorney to draft language in the event the County is not able to provide protections. President Stonecipher stated Council Members Bader and Murphy would work with the City Attorney to draft language for the Council' s consideration. President Stonecipher announced that due to some scheduling issues, a public discussion about the collaboration leadership model will not be held at next week' s meeting. She stated that she will distribute a questionnaire to current council members and would appreciate feedback on the model. She also offered to meet with any council member who would like to meet with her in person. President Stonecipher noted the plan is to take up the discussion of Council procedures and structure of work during the Council Retreat. ADMINISTRATION UPDATE Deputy Mayor Nick Harper had no comments. CITY ATTORNEY Assistant City Attorney Flora Diaz had no comments. 3  December 1, 2021 PUBLIC COMMENTS: Deb Williams, Council, stated the City received written comments from Allison Quinn and Roy Holman. Roy Holman, Everett, commented on COVID- 19 mandates and lock downs. She noted two individuals were registered to speak regarding Action Agenda Item No. 22, and Tammy Dunn was available to answer any questions relating to Consent Item No. 13. CONSENT ITEMS: President Stonecipher announced that Consent Item No. 6 would be moved to the Action Agenda at the request of Council Member Murphy. Moved by Council Member Bader, seconded by Council Member Roberts, to approve the following consent items: RESOLUTION — CLAIMS To adopt Resolution No. 7717 authorizing claims against the City of Everett in the amount of $ 1, 366,343. 75 for the period of November 13, 2021, through November 19, 2021. RESOLUTION — ELECTRONIC TRANSFER CLAIMS To adopt Resolution No. 7718 authorizing electronic transfer claims against the City of Everett in the amount of$ 8, 544, 465. 40 for the period of October 1, 2021, through October 31, 2021. RESOLUTION AMENDED— COUNCIL RETREAT SCHEDULE To adopt Resolution No. 7719 amending Resolution 6890-A, Section 12. 4  December 1, 2021 BID AWARD—# 2021- 065 WATER TREATMENT CHEMICALS To authorize the award of Invitation for Bid # 2021- 065 Water Treatment Chemicals to Univar Solutions USA, Inc., Newco, Inc. dba Cascade Columbia Distribution Co., Thatcher Company of Montana, Inc., Polydyne, Inc., Chemtrade Chemicals US LLC, and HASA, Inc., Inc. for one ( 1) year with five ( 5) additional one- year extension options for approximately $ 870, 236 annually, including Washington State sales tax. AGREEMENTS— GEOTECHNICAL ENGINEERING SERVICES To authorize the Mayor to sign the Professional Service Agreements for on- call Geotechnical Engineering Services. JOB COMPLETE— GRAND AVENUE PARK BRIDGE PROJECT To accept the Grand Avenue Park Bridge Project as complete and authorize the Mayor to sign the Certificate of Completion with Interwest Construction, Inc. Item moved to Action Agenda. AGREEMENT AMENDED— ARC FLASH BREAKER COORDINATION ANALYSIS To authorize the Mayor to sign Amendment No. 2 to the Professional Service Agreement with KDW Salas O' Brien. AGREEMENT AMENDED— SEI TO SRI INERTIE AND SR08 OUTFALL REHABILITATION SUPPORT To authorize the Mayor to sign Amendment No. 3 with Jacobs Engineering Group, Inc. for the SEI to SRI Intertie and SRO8 Outfall Rehabilitation Construction Support, for extension of the Agreement end date and no additional funding. BID CALL— SHORE AVENUE FORCEMAIN PROJECT To authorize a Call for Bids for the Shore Avenue Forcemain Project. 5  December 1, 2021 AGREEMENT AMENDED— WFP PHASE 2 CAPITAL UPGRADES PROJECT To authorize the Mayor to sign Amendment No. 1 to the Professional Services Agreement with Parametrix, Inc., for the Water Filter Plant Phase 2 Capital Upgrades project to revise the scope of services and increase the compensation by $ 62, 212 for a total amount not to exceed $ 110, 094. RESOLUTION — 2021 COMPREHENSIVE PLAN To adopt Resolution No. 7720 declaring the 2021 Comprehensive Plan Annual Docket Review complete. INTERLOCAL AGREEMENT — PROCESSING OF PARATRANSIT ADA ELIGIBILITY APPLICATIONS To authorize the Mayor to sign Interlocal Agreement between the Snohomish County Public Transportation Benefit Area Corporation ( SCPTBAC, Hereafter Referred to as Community Transit) and the City of Everett ( Everett Transit) Regarding the Processing of Paratransit ADA Eligibility Applications. LEASE AGREEMENT— 3101 CEDAR STREET To authorize Mayor to execute the Lease Agreement with Snohomish County Sports Commission at 3101 Cedar Street ( Creamery Building). Roll was called with all council members voting yes. Motion carried. PROPOSED ACTION ITEMS: COUNCIL BILL 2111- 49 SECOND READING: f 6  December 1, 2021 AN ORDINANCE creating a Special Improvement Project, entitled " Later Phase Eclipse Mill Park Project and Riverfront Trail Improvement Project," Fund 354, Program 073, to accumulate all design costs for the improvement project COUNCIL BILL 2111- 50 SECOND READING: AN ORDINANCE closing a Special Improvement Project, entitled " Forest Park Playground Replacement Project," Fund 354, Program 061, as established by Ordinance No. 3698- 19 COUNCIL BILL 2111- 51 SECOND READING: AN ORDINANCE closing a Special Improvement Project, entitled " Forterra Restoration Plan", Fund 354, Program 062, as established by Ordinance No. 3717- 19 COUNCIL BILL 2111- 52 SECOND READING: AN ORDINANCE creating a Special Improvement Project, entitled " Forterra Restoration Plan," Fund 354, Program 074, for the continued implementation of a restoration plan for several publicly owned urban forested areas within the City of Everett COUNCIL BILL 2111- 53 SECOND READING: 40 7  December 1, 2021 AN ORDINANCE closing a Special Improvement Project, entitled " Garfield Park Path Overlay and Seal Coat Project," Fund 354, Program 067, as established by Ordinance No. 3771- 20 COUNCIL BILL 2111- 54 SECOND READING: AN ORDINANCE closing a Special Improvement Project, entitled " Lowell Park Sport Court Renovation," Fund 354, Program 060, as established by Ordinance No. 3697- 19 COUNCIL BILL 2111- 55 SECOND READING: AN ORDINANCE amending Everett Municipal Code Chapter 19. 06 related to Lots, Setbacks, and Residential Densities, Amending Ordinance No. 3774- 20, as amended COUNCIL BILL 2111- 59 FIRST READING: AN ORDINANCE creating a Special Improvement Project, entitled Evergreen Pump Station Upgrades," Fund 336, Program 007, and repealing Ordinance No. 3729- 20 ACTION ITEMS: JOB COMPLETE— GRAND AVENUE PARK BRIDGE PROJECT Council Member Murphy commented on a claim document provided by the contractor whereby the contractor is reserving their rights to assert a claim for additional compensation. He asked City staff to provide a briefing regarding the 8  December 1, 2021 claim or that an executive session be scheduled at a future date; however, he assumed the Council could take action to accept the work as complete and authorize the Mayor to sign the Certificate of Completion. Ryan Sass, Public Works, confirmed that a claim was submitted by the contractor on April 1, 2021, and that the City rejected the claim in its entirety on June 30, 2021. He stated the claim does not affect need or the ability to accept the project as complete. He added that he could not speak to the claim details as there is the potential for future litigation, but the Public Works Department and City Attorney would keep Council informed of any developments relating to the claim and would provide any updates in an executive session. Moved by Council Member Roberts, seconded by Council Member Murphy, to accept the Grand Avenue Park Bridge Project as complete and authorize the Mayor to sign the Certificate of Completion with Interwest Construction, Inc. Roll was called with all council members voting yes. Motion carried. AGREEMENT— CONSIDERATION OF CONSOLIDATED TRANSIT SERVICES Moved by Council Member Roberts, seconded by President Stonecipher, to authorize the Mayor to sign the Agreement between the Snohomish County Public Transportation Benefit Area Corporation (SCPTBAC, Hereafter Referred to as Community Transit) and the City of Everett Regarding Consideration of Consolidated Transit Services. Nick Harper provided historical details relating to this item. Joe Kunsler, Everett, commented on the framework, and he encouraged council members to support this action. Brock Howell, Snohomish County Transportation Coalition ( Snotrac), expressed support for this item. 9  December 1, 2021 Discussion took place regarding sales tax increase models, public support for a sales tax increase, impacts to service levels by a potential merger, ensuring that Everett has a voice in the direction of the county-wide transit organization, use of federal infrastructure dollars, road congestion impacts, consideration of consolidation merger options, and the importance of gaining additional data to understand all options. Council Member Vogeli requested that City staff commit to work as diligently on ways to maintain Everett Transit as they work to pursue a merger with Community Transit. Mayor Franklin stated that City staff will continue to plan for the long-term success of Everett Transit, which will occur simultaneously with any other process. Roll was called with all council members voting yes. Motion carried. PUBLIC HEARING: President Stonecipher opened Budget Hearing No. 3 for the Proposed Operating Budget and turned the meeting over to Budget Chair Scott Murphy. Council Member Vogeli suggested a possible future amendment regarding the reduction in neighborhood grant dollars. Council Member Murphy stated that after working in collaboration with Mayor Franklin and Police Chief Templeman, he planned to propose an amendment to the 2022 budget, which would consist of adding eight police officers to be funded in part by the COPS grant. Council Member Tuohy expressed the need to restore hours of operation of the library, which is vitally important to the community. 10  December 1, 2021 Lori Cummings, Administration, stated that the 2022 proposed budget does adequately fund the Library for seven- days- a- week operation. There were no citizens who wished to speak. Moved by Council Member Moore, seconded by Council Member Roberts, to close the public hearing. Roll was called with all council members voting yes. Motion carried. COUNCIL BILL 2111- 48 THIRD AND FINAL READING: AN ORDINANCE adopting the 2022 annual budget for the City of Everett, Washington 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. 2111-48. Moved by Council Member Murphy, seconded by Council Member Bader, to amend the motion by adding eight police officer positions to the 2022 annual budget to be funded by increasing General Fund COPS grant revenue by 1, 002, 040, increasing Police Fund 031 expenditures by $ 1, 422, 480, and increasing the Non- Departmental Fund 009 budgeted vacancies offset amount by ($ 420, 440). Council Member Murphy also reported that, in collaboration with Chief Templeman, he plans to bring forward a proposal in the next two weeks regarding recruitment and retention of police officers. Council Member Roberts encouraged continued opportunities to strengthen diversity. 11  December 1, 2021 Council Member Vogeli expressed non- support for the proposed amendment. She added that although public safety is important; however, the increased funding might be better utilized for Community Outreach & Enforcement ( COET) services rather than additional police officers. Council Member Tuohy stated the presence of police officers in downtown Everett, which is important in protecting businesses, is not currently adequate. President Stonecipher spoke about the challenge of recruiting and retaining employees and the City' s ability to fill police officer vacancies. Mayor Franklin spoke about the success of Chief Templeman and the Human Resources Department for their successful recruitment of diverse candidates, and that she looks forward to a positive community policing presence provided through the COPS grant. Roll was called with all council members voting yes, except Council Member Vogeli who voted no. Motion carried. The City Clerk was directed to call the roll for the final disposition of the ordinance, as amended. AYES: Roberts, Moore, Murphy, Bader, Vogeli, Stonecipher, Tuohy NAYS: None EXCUSED: None Ordinance No. 3838- 21 adopted. COUNCIL BRIEFING AGENDA: COUNCIL BILL 2111- 57 12  December 1, 2021 FIRST READING: AN ORDINANCE establishing the basic salary schedule for City of Everett employees for 2022 Presented by Kandy Bartlett, Human Resources Council Member Vogeli stated that she would have additional questions at a future meeting regarding new classifications. COUNCIL BILL 2111- 58 FIRST READING: AN ORDINANCE amending Section 1( C) of Ordinance 1594- 89 as amended by Section 1 of Ordinance No. 2879- 05 establishing Juneteenth as a City Holiday Presented by Marcy Hammer, Human Resources COUNCIL BILL 2111- 56 FIRST READING: AN ORDINANCE approving the appropriations of the 2021 revised City of Everett Budget and amending Ordinance No. 3827- 21 Presented by Susy Haugen, Finance COUNCIL BILL 2111- 60 FIRST READING: AN ORDINANCE extending the Special Business and Occupation tax rate, amending Ordinance 3711- 19 Presented by Susy Haugen, Finance The City Council meeting was adjourned at 9: 04 p. m. 13  December 1, 2021 City Clerk Read and approved as printed. C ncil Preside t i 14