City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA December 11, 2019 7:00 p.m. (Police Court Campus) I. OPENING CEREMONIES A. Call to Order B. Pledge of Allegiance C. Roll Call of Councilmembers II. CONSENT AGENDA A. Approval of November 13, 2019 Regular Council Meeting Minutes B. Approval of November 20, 2019 Study Session Minutes C. Approval of November 20, 2019 payroll checks numbered 109715 - 109742 direct deposit checks numbered 74114 - 74353, and wire transfers numbered 794 – 798 in the amount of $1,189,183.81 D. Approval of December 5, 2019 payroll checks numbered 109743 - 109773, direct deposit checks numbered 74354 – 74599, and wire transfers numbered 799 – 803 in the amount of $964,110.10 E. Approval of November 26, 2019 claims numbered 6459 - 6499 and 6502 - 6699 in the amount of $3,907,122.34 F. Approval of December 11, 2019 claims numbered 6700 – 6702 and 6707 – 6891 in the amount of $778,570.62 III. REPORTS A. Committees 1. Public Works and Library 2. Public Safety B. Community Comments (An opportunity for Mount Vernon residents to address their City Council. Please limit comments to 3 minutes or less. Under normal circumstances, the Mayor and Council will not respond immediately to Community Comments. If you would like someone to follow-up with you regarding the topic of your comments, please leave your name and contact information on the form at the entrance of the Council Chambers.) C. Councilmember Comments D. Mayor’s Report E. Committee Agenda Requests IV. UNFINISHED BUSINESS None V. NEW BUSINESS A. Confirmation of Library Board Member (Staff is requesting that Council confirm the appointment of Jessica Bylund to the Library Board.) (required action – motion) (staff contact – Isaac Huffman) Mount Vernon City Council Agenda December 11, 2019 page 2 B. Public Hearing – 2019 Site-Specific Comprehensive Plan Amendment (This is a public hearing to allow testimony regarding the Deol Comprehensive Plan Amendment request, proposed change from Churches {CH} to Single-Family Medium Density {SF-MED}. The property is located at 4461 E Division Street near Fire Station #3.) (required action – ordinance) (staff contact – Rebecca Lowell) C. Skagit Running Company Lease Renewal (Staff is requesting that Council authorize the Mayor to enter into a lease renewal with Skagit Running Company for space located at 724 S. 1st Street.) (required action – motion) (staff contact – Peter Donovan) D. Bid Award – Legal Publishing (Staff is requesting that Council award the bid for legal publishing to Skagit Publishing for the years 2020 and 2021.) (required action – motion) (staff contact – Doug Volesky) E. Bid Award – Police and Fire Dry Cleaning and Laundry (Staff is requesting that Council award the bid for Police and Fire dry cleaning and laundry to Modern Cleaners for the years 2020 and 2021.) (required action – motion) (staff contact – Doug Volesky) F. Bid Award – Cleaning of Coveralls, Towels and Janitorial Items (Staff is requesting that Council award the bid for the cleaning of coveralls, towels and janitorial items to Aramark for the years 2020 – 2022.) (required action – motion) (staff contact – Doug Volesky) G. Supplement to the Downtown and Waterfront Area Capital Project Fund Budget (Staff is requesting that Council adopt an ordinance to supplement the Downtown and Waterfront Area Capital Project Fund budget.) (required action – ordinance) (staff contact – Doug Volesky) H. Supplement to the College Way at I-5 Lane Capacity Improvements Capital Project Fund Budget (Staff is requesting that Council adopt an ordinance to supplement the College Way at I-5 Lane Capacity Improvements Capital Project budget.) (required action – ordinance) (staff contact – Doug Volesky) I. Supplement to the Arterial Street Fund, Surface Water Utility Fund, Wastewater Utility Fund, REET I Fund and Library/CC/Parking Fund 2019 Budgets (Staff is requesting that Council adopt an ordinance to supplement various funds for capital project expenditures. All listed funds have available funding for these projects.) (required action – ordinance) (staff contact – Doug Volesky) J. Approval of Agreement with Skagit County Senior Services (Staff is requesting that Council authorize the Mayor to enter into an agreement with Skagit County for the provision of senior services for the calendar year 2020.) (required action – motion) (staff contact – Doug Volesky) Mount Vernon City Council Agenda December 11, 2019 page 3 K. Approval of Agreement with Skagit County (Staff is requesting that Council authorize the Mayor to enter into an agreement renewal with Skagit County for the law enforcement embedded social worker.) (required action – motion) (staff contact – Chris Cammock) L. Ordinance – Residential Wastewater Service Rates (Staff is requesting that Council approve an ordinance amending Sections 13.32.020 and 13.32.040 of the Mount Vernon Municipal Code to make minor corrections to Ordinance 3781.) (required action – ordinance) (staff contact – Kevin Rogerson) M. Public Hearing – Adoption of Code Amendments with the Main Focus on Encouraging Affordable Housing (This is a public hearing to allow testimony regarding the adoption of new regulations to encourage the creation of affordable housing for those earning 80% of the area median income and below. Staff is requesting that Council adopt the proposed ordinance.) (required action – ordinance) (staff contact – Rebecca Lowell) N. Motion to Cancel the Council Meeting on December 25, 2019. COMMITTEE MEETINGS Public Works and Library 6:00 p.m. Next Ordinance 3797 Next Resolution 972  AGENDA ITEM: A DATE: December 4, 2019 TO: Mayor Boudreau and City Council FROM: Isaac Huffman, Library Director SUBJECT: NEW LIBRARY BOARD MEMBER –JESSICA BYLUND RECOMMENDED ACTION: The Library Board of Directors and the Library Staff recommend the appointment of Jessica Bylund to the Library Board. INTRODUCTION/BACKGROUND: In December 2020 Hal Verrell term on the library board ends. After a search Jessica Bylund has been selected as a replacement. Originally from Lexington, Kentucky, Jessica has lived in Mount Vernon with her husband, Erik, and two children, Audrey (14) and Hunter (12) since 2008. They have also been library users since they arrived! She has a PhD in analytical chemistry and Books and libraries have always been a huge part of her life. In addition to being an avid reader, she is also an author. As a way to learn about her new town, she co- authored "Mount Vernon (Images of America)". It was a challenging project, but worth the effort. FINDINGS/CONCLUSIONS: After a background check and attending a board meeting Jessica looks like a good fit for the library board. RECOMMENDATION: We recommend that Jessica Bylund be appointed to the Library Board for a term of three years. ATTACHED: Library Board Application  AGENDA ITEM: B DATE: December 11, 2019 TO: Mayor Boudreau and City Council FROM: Rebecca Lowell, Development Services SUBJECT: Open Record Public Hearing on 2019 Site-Specific Comprehensive Plan Amendment RECOMMENDED ACTION: Staff requests that Council hold a public hearing and make a decision on the Deol Comprehensive Plan Amendment request PLAN19-0021. INTRODUCTION/BACKGROUND: The Growth Management Act (GMA) prescribes the timing and process by which Comprehensive Plan amendments can be considered by jurisdictions subject to the act by requiring “Each county and city…establish…procedures and schedules whereby updates, proposed amendments, or revisions of the comprehensive plan are considered by the governing body of the county or city no more frequently than once every year…” [36.70A.130(2)(a)]. The requirement to amend City plans/documents no more frequently than once every year is unique to this type of GMA process. One of the main reasons this provision of State law was put in place to ensure that jurisdictions were taking cumulative effects into account when amending their Comprehensive Plans. The Act states, “…all proposals shall be considered by the governing body concurrently so the cumulative effect of the various proposals can be ascertained” [36.70A.130(2)(b)]. Following is a brief description of the Deol Comprehensive Plan amendments request: 1. Deol; City File No: PLAN19-0021, the existing Comprehensive Plan designation of the subject site is Churches (CH). The applicanthas requested this designations be changed to a Comprehensive Plan designation of Medium Density Single Family (SF-MED). The proposed property is located at 4461 E Division Street and is identified by the Skagit County Assessor as parcel number P27528. It is located within a portion of Section 22, Township 34 north, Range 4 East, W.M. Please see the accompanying staff report for additional details and information with regard to the above-listed application. FINDINGS/CONCLUSIONS: Staff has followed the City’s adopted public participation program contained in Resolution 491 with processing the subject amendments, specifically: • The SEPA process was completed for the application. • Notice of adoption of the proposed amendment was transmitted in compliance with RCW 36.70A.106(1) to the Department of Commerce. • The Planning Commission held a public hearing on November 19, 2019 where they received public input and made a recommendation to approve the subject amendment. • Notice of the Planning Commission and City Council public hearings were mailed to property owners within 300 feet of the individual project sites, were placed on the City’s website, and published as required. RECOMMENDATION: City Council hold the required public hearing and make a decision to approve the Deol Comprehensive Plan Amendment request PLAN19-0021. ATTACHED: • Ordinance for consideration • Planning Commission Meeting Minutes • PC Staff Report and its associated Exhibits  ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOUNT VERNON, WASHINGTON AMENDING THE CITY’S COMPREHENSIVE PLAN MAPPING IN ACCORDANCE WITH AND PURSUANT TO THE GROWTH MANAGEMENT ACT (GMA) 36.70A RCW WHEREAS, the GMA requires that the City’s Comprehensive Plan and development regulations be subject to continuing review and evaluation; and WHEREAS, the City has adopted procedures pursuant to the GMA providing for amendments to the Comprehensive Plan no more than once each year and providing for comprehensive review of the cumulative impacts of all proposed amendments; and WHEREAS, a rezone will be processed following the subject Comprehensive Plan amendment outlined within this Ordinance to provide consistency in compliance with Chapter 17.111 of the Mount Vernon Municipal Code; and WHEREAS, all procedural requirements provided in Chapters 14.05, 15.06, and 17.111 of the Mount Vernon Municipal Code for reclassification of property within the City Limits have been met; and WHEREAS, the Planning Commission, after fully, fairly and carefully considering the public input and staff materials relevant to the amendments, forwarded to the Council its recommendation to approve the subject amendment; and WHEREAS, the Mount Vernon City Council has reviewed the proposed mapping revisions to the Comprehensive Plan contained in SECTION 4 and the recommendations, findings of fact and conclusion of law forwarded to the Council by the Planning Commission. NOW, THEREFORE, THE CITY COUNCIL OF MOUNT VERNON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The City Council does hereby adopt the above listed recitals as set forth fully herein. SECTION 2. The City Council adopts the following Planning Commission’s recommendations, findings of fact and conclusions of law as follows: A. PLANNING COMMISSION RECOMMENDATIONS: The Planning Commission made the following recommendations to the City Council for the subject applications: 1. Deol; City File No: PLAN19-0021 – the Planning Commission made a unanimous motion to APPROVE this application. Ordinance Page 1 of 5 2019 Comprehensive Plan Amendments B. FINDINGS OF FACT: 1. On November 19, 2019 the City of Mount Vernon Planning Commission held an open-record public hearing to consider amendments to the Comprehensive Plan. All persons present at the hearings wishing to speak were heard and all written comments were considered, along with the written staff report with its associated exhibits. 2. The Planning Commission’s hearing was preceded with appropriate notice, issued on October 31, 2019, distributed via mail on November 4, 2019, and published on November 4, 2019. 3. Notice of adoption of the proposed amendments has been duly transmitted in compliance with RCW 36.70A.106 (1). 4. A Final SEPA threshold Determination of Non-Significance for the Comprehensive Plan Amendments PLAN19-0021was issued on October 31, 2019, published on November 4, 2019, and was also mailed to property owners within 300 feet of the site on November 4, 2019. The comment period (for the Notice of Application/ Proposed DNS) expired on October 18, 2019. A 10-day appeal period (for the Final DNS) ended on November 14, 2019. C. CONCLUSIONS OF LAW: 1. The requirements for public participation in the development of this amendment as required by the State Growth Management Act (GMA) and by the provisions of City of Mount Vernon Resolution No. 491 have all been met. 2. The proposed amendments are found to be in compliance with the State Growth Management Act. 3. The Mount Vernon Comprehensive Plan has consistently been maintained in compliance with the Growth Management Act as amended since the initial adoption in 1995. 4. The City utilized the State Attorney General Advisory Memorandum: “Avoiding Unconstitutional Takings of Private Property” for evaluating constitutional issues, in conjunction with and to inform its review of the proposed amendments. The City has utilized the process, a process protected under Attorney-Client privilege pursuant to law including RCW 36.70A.370(4), with the City Attorney’s Office, which has reviewed the Advisory Memorandum, has discussed this Memorandum, including the “warning signals’ identified in the Memorandum, with decisions makers, and conducted an evaluation of all constitutional provisions potentially at issue and advised of the genuine legal risks, if any, with the adoption of the amendments to assure that the proposed regulatory or administrative actions did not result Ordinance Page 2 of 5 2019 Comprehensive Plan Amendments  in an unconstitutional taking of private property, consistent with RCW 36.70A.370(2). 5. Chapter 36.70A RCW, the Growth Management Act (GMA) mandates that the City of Mount Vernon develop a Comprehensive Plan, which is a generalized, coordinated land use policy statement of the City. 6. The GMA requires plans and development regulations to be consistent; and also requires comprehensive plans to be both internally and externally consistent. SECTION 3. The City Council also adopts further Findings of Fact as follows. 1. On December 11, 2019 the City Council held a public hearing to consider amendment to the Comprehensive Plan. At this hearing Council took testimony from those in attendance, reviewed the written materials provided by City staff, and listened to staff analysis respective to the application before Council. 2. The City Council’s hearing on December 11, 2019 was preceded with appropriate notice, issued on October 31, 2019, distributed via mail on November 4, 2019, and published on November 4, 2019. 3. The City Council adopts the Planning Commission’s Recommendations for approval for the Deol request PLAN19-0021. SECTION 4. The below described property shall have its Comprehensive Plan designation changed as indicated. Attached to this ordinance labeled as Exhibit A, that is hereby incorporated into this Ordinance with this reference, is the legal description and illustrative exhibit map for the requested site specific Comprehensive Plan amendment. 1. Deol, PLAN19-0021, this proposal is to amend the Comprehensive Plan designation from Churches (CH) to Single-Family Medium Density (SF-MED). The proposal is located at 4461 E Division Street and is identified by the Skagit County Assessor as parcel number P27528. It is located within a portion of Section 22, Township 34 north, Range 4 East, W.M. SECTION 5. City staff is hereby directed to complete preparation of the final ordinance, including correction of any typographical or editorial edits. SECTION 6. In the event any term or condition of this ordinance or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this ordinance which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this ordinance are declared severable. Ordinance Page 3 of 5 2019 Comprehensive Plan Amendments SECTION 7. The Comprehensive Plan designation changes approved within this Ordinance shall be effective only after the City approves site specific rezone applications associated with each of the subject properties described herein. As such, consistent with law, this Ordinance shall be in full force five days after passage and publication following the effective date of the site-specific rezone application associated with the property described in this Ordinance that is anticipated to be approved by the City in 2020. PASSED AND ADOPTED this 11th day of December, 2019 SIGNED AND APPROVED THIS day of , 2019 JILL BOUDREAU, Mayor DOUG VOLESKY, Finance Director Approved as to form: KEVIN ROGERSON, City Attorney Published Ordinance Page 4 of 5 2019 Comprehensive Plan Amendments  AGENDA ITEM: C DATE: December 11, 2019 TO: Mayor Boudreau and City Council FROM: Peter Donovan, Project Development Manager SUBJECT: SKAGIT RUNNING COMPANY LEASE RENEWAL RECOMMENDED ACTION: Motion INTRODUCTION/BACKGROUND: THE SKAGIT RUNNING COMPANY LEASES OFFICE SPACE IN A CITY-OWNED PROPERTY LOCATED AT 724 S. 1ST STREET. THE EXISTING LEASE AGREEMENT BETWEEN CITY AND THE RUNNING COMPANY IS SET TO EXPIRE ON DECEMBER 31, 2019. FINDINGS/CONCLUSIONS: The proposed lease agreement renews and extends the Running Company’s tenancy through 2024, with the following incremental rental rate increases: Year Rent Amount 2020 $2,100 2021 $2,200 2022 $2,300 2023 $2,300 2024 $2,300 RECOMMENDATION: Staff recommends Council approval to allow the Mayor to enter into a 5-year lease agreement with Skagit Running Company, to extend the store’s tenancy through 2024. ATTACHED: Draft Lease  AGENDA ITEM: D DATE: December 11, 2019 TO: Mayor Boudreau and City Council FROM: Doug Volesky, Finance Director SUBJECT: BID AWARD – LEGAL PUBLISHING RECOMMENDED ACTION: Staff recommends that Council award the bid for Legal Publishing to Skagit Publishing for the years 2020 and 2021. INTRODUCTION/BACKGROUND: The City bids legal publishing services every two years. Skagit Publishing has been providing this service to the City for many, many years. FINDINGS/CONCLUSIONS: This year there was only one bid received, Skagit Publishing. The bid received has no increase from the previous year. RECOMMENDATION: Award the bid to Skagit Publishing. ATTACHED: none  AGENDA ITEM: E DATE: December 11, 2019 TO: Mayor Boudreau and City Council FROM: Doug Volesky, Finance Director SUBJECT: BID AWARD – FIRE AND POLICE LAUNDRY AND DRY CLEANING RECOMMENDED ACTION: Staff recommends that Council award the bid for the Fire and Police Departments’ laundry and dry cleaning to Modern Cleaners for the years 2020 and 2021. INTRODUCTION/BACKGROUND: The City bids dry cleaning and laundry services every two years. Modern Cleaners has been providing this service to the City since May 2007. FINDINGS/CONCLUSIONS: This year there was only one bid received, Modern Cleaners. The bid received has a minimal increase from the previous two years. RECOMMENDATION: Award the bid to Modern Cleaners. ATTACHED: none  AGENDA ITEM: F DATE: December 11, 2019 TO: Mayor Boudreau and City Council FROM: Doug Volesky, Finance Director SUBJECT: BID AWARD – CLEANING OF COVERALLS, TOWELS AND JANITORIAL ITEMS RECOMMENDED ACTION: Staff is requesting that Council award the bid for the cleaning of coveralls, towels and janitorial items to Aramark. INTRODUCTION/BACKGROUND: The City bids for the cleaning/supply of coveralls, towels and janitorial items every three years. Aramark has provided this service for the past 12 years with minimal increases. There were 3 bids received this year: Aramark, UniFirst and Cintas. The bid from Aramark was overall the lowest in cost. FINDINGS/CONCLUSIONS: This year there were 3 bids received. Aramark submitted the lowest responsive bid. RECOMMENDATION: Award the cleaning/supply of coveralls, towels and janitorial items bid to Aramark for the years 2020 – 2022. ATTACHED: none  AGENDA ITEM: G DATE: December 11, 2019 TO: Mayor Boudreau and City Council FROM: Doug Volesky, Finance Director SUBJECT: SUPPLEMENT TO THE DOWNTOWN AND WATERFRONT AREA CAPITAL PROJECT FUND BUDGET RECOMMENDED ACTION: Staff recommends that Council approve an ordinance to amend the Downtown and Waterfront Area Capital Project fund budget, increasing the budget by $200,000 and setting the project fund budget at $31,014,770. INTRODUCTION/BACKGROUND: The City Council first established a capital project budget in August 2007 to 1) construct a flood control system in downtown Mount Vernon which would provide permanent flood protection in the downtown area including protection from a 100-year flood, and 2) to undertake a master planning process to redevelop and revitalize downtown Mount Vernon which resulted in several capital projects including a riverfront promenade, riverfront park plaza and public restrooms. The original project budget has been amended seven times since it was first established in August 2007 with the most recent amendment occurring in October 2016. These amendments were presented to City Council for approval as the City secured funds for the project. Since the 2016 budget amendment, additional funding sources have been secured for the final components of Phase III of the project, necessitating an amendment to the current budget. This funding consists of a transfer of $200,000 from the Wastewater Utility fund. FINDINGS/CONCLUSIONS: At this time it is necessary for City Council to supplement the current project budget of $30,814,770 and create a new amended project budget of $31,014,770. The increase of $200,000 will be a transfer from the Wastewater Utility fund. Total current funding elements are in place and outlined in the attached ordinance. RECOMMENDATION: Staff recommends Council approve the attached ordinance. ATTACHED: Ordinance  ORDINANCE NO. _____ AN ORDINANCE OF THE CITY OF MOUNT VERNON, WASHINGTON TO AMEND THE DOWNTOWN AND WATERFRONT AREA CAPITAL PROJECT BUDGET WHEREAS, on August 15, 2007 the Mount Vernon City Council established a capital project fund and budget known as the Downtown and Waterfront Area Project, pursuant to Ordinance No. 3368; and WHEREAS, on December 10, 2008 the Downtown and Waterfront Area Project fund budget was amended to supplement the budget resulting from additional secured revenue sources pursuant to Ordinance No. 3433; and WHEREAS, on December 9, 2009 the Downtown and Waterfront Area Project fund budget was supplemented pursuant to Ordinance No. 3465; and WHEREAS, on December 12, 2012 the Downtown and Waterfront Area Project fund budget was supplemented pursuant to Ordinance No. 3591; and WHEREAS, on December 17, 2014 the Downtown and Waterfront Area Project fund budget was supplemented pursuant to Ordinance No. 3646; and WHEREAS, on August 11, 2015 the Downtown and Waterfront Area Project fund budget was supplemented pursuant to Ordinance No. 3656; and WHEREAS, on May 11, 2016 the Downtown and Waterfront Area Project fund budget was supplemented pursuant to Ordinance No. 3678; and WHEREAS, on October 12, 2016 the Downtown and Waterfront Area Project fund budget was supplemented pursuant to Ordinance No. 3692; and WHEREAS, the Project is comprised of design and construction of a flood control system in downtown Mount Vernon to provide permanent flood protection in the downtown area including protection from a 100-year flood as detailed in the City of Mount Vernon’s Capital Improvements Plan (CIP Project #G-08-01) and a master plan to redevelop and revitalize downtown Mount Vernon which did result in capital projects including a riverfront promenade, riverfront park plaza and public restrooms associated with the flood control structure and other improvements; and WHEREAS, additional funds totaling $200,000 have been secured for the Project consisting of a $200,000 transfer from the Wastewater Utility fund (F401); and WHEREAS, the project budget needs to be supplemented to reflect the additional funding sources and to authorize the spending of these funds for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUNT VERNON: Section 1. That the Downtown and Waterfront Area Capital Project fund appropriations shall be increased from $30,814,770 to $31,014,770 as outlined below: Section 2. Effective Date. This ordinance shall take effect and be in full force five (5) days after publication of a summary of this ordinance. Adopted at a regular meeting of the City Council of the City of Mount Vernon, Washington, held on the 11th day of December 2019.  By: __________________________________ JILL BOUDREAU, Mayor Attest: __________________________________ DOUG VOLESKY, Finance Director Approved as to form: ______________________________ KEVIN ROGERSON, City Attorney Published:______________________  AGENDA ITEM: H DATE: December 11, 2019 TO: Mayor Boudreau and City Council FROM: Doug Volesky, Finance Director SUBJECT: SUPPLEMENT TO THE COLLEGE WAY AT I-5 LANE CAPACITY IMPROVEMENTS CAPITAL PROJECT FUND BUDGET RECOMMENDED ACTION: Staff recommends that Council approve an ordinance to amend the College Way at I-5 Lane Capacity Improvements Capital Project Fund Budget, setting the budget at $8,619,319. INTRODUCTION/BACKGROUND: The City Council first established a capital project budget in December 2013 in order to add lanes beneath the I-5 overpass at College Way, including constructing two additional lanes and rechanneling the existing roadway beneath I-5 to add left turn capacity. The project will improve the interchange of I- 5 and College Way which is operating below the City’s minimum level of service standard. The additional lanes will improve vehicle capacity at the interchange. The Mount Vernon City Council has determined this to be an appropriate investment in capital expenditures by the City, as detailed in the City of Mount Vernon’s Capital Improvement Plan (CIP Project T-06-01). The original project budget established in 2013 was based on funding sources available at that time. Since establishing the original budget, funding sources have been secured for project tasks, necessitating amendments to the original budget. The current budget is $7,319,319. Additional funding sources have since been secured for the Project necessitating a $1,000,000 reallocation from the Arterial Street fund and $300,000 from a transfer from the Surface Water Utility fund. FINDINGS/CONCLUSIONS: At this time it is necessary for City Council to supplement the current overall project budget of $7,319,319 to a new amended project budget of $8,619,319. The project funding will be comprised of a $1,000,000 reallocation of appropriations from the Arterial Street fund and a transfer of $300,000 from the Surface Water fund. RECOMMENDATION: Staff recommends Council approve the attached ordinance. ATTACHED: Ordinance  ORDINANCE NO. _____ AN ORDINANCE OF THE CITY OF MOUNT VERNON, WASHINGTON TO AMEND THE COLLEGE WAY AT I-5 LANE CAPACITY IMPROVEMENTS CAPITAL PROJECT BUDGET WHEREAS, on December 11, 2013 the Mount Vernon City Council created the College Way at I-5 Lane Capacity Improvements Capital Project fund and established a project budget of $424,000 pursuant to Ordinance No. 3621; and WHEREAS, on October 12, 2016 the College Way at I-5 Lane Capacity Improvements Capital Project fund budget was amended to $6,986,515 pursuant to Ordinance No. 3693; and WHEREAS, on December 13, 2017 the College Way at I-5 Lane Capacity Improvements Capital Project fund budget was amended to $7,319,319 pursuant to Ordinance No. 3740; and WHEREAS, the College Way at I-5 Lane Capacity Improvements Capital Project will add lanes beneath the I-5 overpass at College Way, including constructing an additional westbound travel lane and an additional eastbound travel lane and rechanneling the existing roadway beneath I-5 to add left turn capacity, as detailed in the City of Mount Vernon Capital Improvement Plan (CIP Project #T-06-10); and WHEREAS, additional funds totaling $1,300,000 have been secured for the Project consisting of a $1,000,000 transfer from the Arterial Street fund (F102) and $300,000 from a transfer from the Surface Water Utility fund (F403); and WHEREAS, the project budget needs to be supplemented to reflect the additional funding sources and to authorize the spending of these funds for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUNT VERNON: Section 1. That the College Way at I-5 Lane Capacity Improvements Capital Project Fund appropriations shall be increased from $7,319,319 to $8,619,319 as outlined below: Section 2. Effective Date. This ordinance shall take effect and be in full force five (5) days after publication of a summary of this ordinance. Adopted at a regular meeting of the City Council of the City of Mount Vernon, Washington, held on the 11th day of December 2019. By: __________________________________ JILL BOUDREAU, Mayor Attest: __________________________________ DOUG VOLESKY, Finance Director Approved as to form: ______________________________ KEVIN ROGERSON, City Attorney Published:______________________  AGENDA ITEM: I DATE: December 11, 2019 TO: Mayor Boudreau and City Council FROM: Doug Volesky, Finance Director SUBJECT: SUPPLEMENT TO THE ARTERIAL STREET FUND, SURFACE WATER UTILITY FUND, WASTEWATER UTILITY FUND, REET I FUND AND LIBRARY/CC/PARKING FUND 2019 BUDGETS. RECOMMENDED ACTION: Staff recommends that Council adopt an ordinance to supplement the Arterial Street fund 2019 budget by $1,000,000, the Surface Water Utility fund 2019 budget by $300,000, the Wastewater Utility fund 2019 budget by $200,000, the REET I 2019 budget by $400,000 and the Library/CC/Parking fund 2019 revenue budget by $800,000. INTRODUCTION/BACKGROUND: The College Way at I-5 Lane Capacity Improvements Capital Project fund budget in 2019 was adopted in the Arterial Street fund. $1,000,000 in additional authority is required in the capital project fund so the City will need to amend the budget in the Arterial Street fund to reallocate funding to the College Way at I-5 Lane Capacity Improvements Capital Project fund. This capital fund also secured additional funding from the Surface Water Utility fund of $300,000. A budget amendment in the amount of $300,000 is required to the Surface Water Utility fund in order to make this transfer. The Downtown and Waterfront Area Capital Project had some final components of the Phase III that required additional funding. These funds have been secured from the Wastewater Utility fund. This will require a supplement to the Wastewater Utility fund for $200,000. City Council approved an ordinance for the imposition of utilizing financing from the Local Infrastructure Tool (LIFT) Program on May 22, 2019, pursuant to Ordinance No. 3786. The LIFT was imposed as of July 1, 2019. The City will be receiving up to $500,000 per year for 25 years. These funds were approved to be used for the parking structure portion of the Library/Community Center Project. The City must match these funds each year with REET I funding. Since the LIFT was imposed on July 1 of this year, the City will not receive a full year’s of revenues in 2019. The City is estimating an amount not to exceed $400,000. Since these contributions were not budgeted in 2019, the City needs to amend the REET I budget for $400,000 to reflect this estimated matching contribution to the Library/CC/Parking Project. The City needs to amend the REET I (F304) budget for $400,000 to make this estimated matching contribution to the Library/CC/Parking Project (F301). Likewise, the Library/CC/Parking fund’s revenue budget for 2019 needs to be amended by $800,000 in order to receive up to an estimated amount of $400,000 LIFT and REET I matching funds. FINDINGS/CONCLUSIONS: As the carryovers and recording of unbudgeted expenditures and revenues of the above capital projects and pass thru amounts were not included in the 2019 adopted budget, these budget amendments are necessary in order to complete and properly record these projects. All listed funds have available funding for these projects. RECOMMENDATION: Staff recommends that Council approve the attached ordinance. ATTACHED: Ordinance  ORDINANCE NO. ______ AN ORDINANCE OF THE CITY OF MOUNT VERNON, WASHINGTON, AMENDING THE 2019 CITY BUDGET WHEREAS, the Mount Vernon City Council adopted the 2019 annual budget on November 7th, 2018 pursuant to Ordinance No. 3766; and WHEREAS, the 2019 Arterial Street fund budget included funding for the College Way at I-5 Lane Capacity Improvements Capital Project which has its own fund established. The College Way at I-5 Lane Capacity Improvements Capital Project fund needs additional funding to cover 2019 expenditures so a reallocation of $1,000,000 in appropriation is needed from the Arterial Street fund; and WHEREAS, the College Way at I-5 Lane Capacity Improvements Capital Project secured funding from the Surface Water Utility fund in the amount of $300,000 in 2019 and $300,000 in 2020. Due to timing of expenditures in this project, the Surface Water Utility fund will be contributing the full $600,000 in 2019 and $0 in 2020; and WHEREAS, the Downtown and Waterfront Area Capital Project had some final components during the Phase III that requires $200,000 in additional funding. This funding will be secured through the Wastewater Utility fund; and WHEREAS, the City Council approved an ordinance for the imposition of utilizing financing from the Local Infrastructure Tool (LIFT) Program on May 22, 2019, pursuant to Ordinance No. 3786. The LIFT was imposed as of July 1, 2019. The City will be receiving up to $500,000 per year for 25 years. These funds were approved to be used for the parking structure portion of the Library/Community Center Project. The City must match these funds each year with REET I funding. Since the LIFT was imposed on July 1 of this year, the City will not receive a full years of revenues in 2019. The City is estimating an amount not to exceed $400,000. Since these contributions were not budgeted in 2019, the City needs to amend the REET I budget for $400,000 to make this estimated matching contribution to the Library/CC/Parking Project. Likewise, the estimated revenues were also not included in the Library/CC/Parking Project 2019 budget; and WHEREAS, Since these project costs or revenues were not included in the 2019 adopted budget, a re-appropriation budget amendment is necessary to accommodate the project costs and revenues that will be incurred in 2019; and WHEREAS, all listed funds have available funds for the projects. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOUNT VERNON, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. In accordance with RCW 35A.33.120 (2), the 2019 budget for the City of Mount Vernon, Washington, is hereby increased as follows: A. The Arterial Streets fund budget expenditures shall be amended by $1,000,000 for the reallocation to the College Way at I-5 Lane Capacity Improvements Capital Project fund to offset expenditures of the project. B. Appropriations to the Surface Water Utility fund shall be increased $300,000 for the contribution to the College Way at I-5 Lane Capacity Improvements Capital Project fund and shall come from available beginning fund balance. C. Appropriations to the Wastewater Utility fund shall be increased $200,000 for the contribution to Phase III of the Downtown and Waterfront Area Capital Project fund and shall come from available beginning fund balance. D. Appropriations to the Real Estate Excise Tax I (REET I) fund budget expenditures shall be increased by $400,000 for the estimated matching payment for LIFT funding to the Library/CC/Parking Project fund and shall come from available beginning fund balance. E. Revenue appropriations to the Library/CC/Parking Project fund shall be increased by $800,000 to appropriately record estimated unbudgeted contributions from REET I and LIFT funding. Section 2. Effective Date. This ordinance shall take effect and be in full force five (5) days after publication of a summary of this ordinance. PASSED AND ADOPTED this 1th day of December, 2019. _____________________________________ Doug Volesky, Finance Director SIGNED AND APPROVED this ____ day of December, 2019. _____________________________________ Jill Boudreau, Mayor Approved as to form: ____________________________ Kevin Rogerson, City Attorney Published: _______________________  AGENDA ITEM: J DATE: December 11, 2019 TO: Mayor Boudreau and City Council FROM: Doug Volesky, Finance Director SUBJECT: INTERLOCAL AGREEMENT WITH SKAGIT COUNTY FOR THE PROVISION OF SENIOR SERVICES FOR THE YEAR 2020 RECOMMENDED ACTION: Staff recommends that Council authorize the Mayor to enter into an interlocal agreement with Skagit County for the provision of senior services for the calendar year 2020. INTRODUCTION/BACKGROUND: Each year the City of Mount Vernon budgets for and provides funding to Skagit County for their Senior Services Program within the Department of Public Health for services provided to our senior community. These services include: - Nutrition services that include nutritionally balanced noon-time meals at the Mount Vernon Senior Center and home-delivered meals to seniors over the age of 60 and meals served at the senior center over the noon hour. - Operational support of the Mount Vernon Senior Center which provides senior center program services to our senior community. FINDINGS/CONCLUSIONS: The City has committed $57,165 of financial support to Skagit County for the provision of services to our senior community for 2020 which is included in the adopted 2020 City budget. An interlocal agreement between our two agencies needs to be approved to confirm the City’s funding commitment. The 2020 budget for senior services has not increased in the last 12 years (2009 to 2020). RECOMMENDATION: Staff recommends Council authorize the Mayor to enter into this agreement. ATTACHED: Interlocal Cooperative Agreement between Skagit County Senior Services and the City of Mount Vernon.  AGENDA ITEM: K DATE: December 4, 2019 TO: Mayor Boudreau and City Council FROM: Interim Chief Chris Cammock SUBJECT: RENEW INTERLOCAL AGREEMENT FOR EMBEDDED SOCIAL WITH SKAGIT COUNTY RECOMMENDED ACTION: Motion to approve Mayor to renew the Law Enforcement Embedded Social Worker contract. INTRODUCTION/BACKGROUND: In 2016, the City of Mount Vernon and Skagit County Human Services entered into an interlocal agreement that would fund an embedded social worker within the Mount Vernon Police Department. The agreement includes two-thirds of the funding for this position not to exceed $60,000 and provide ongoing technical assistance. FINDINGS/CONCLUSIONS: The current agreement expires December 31, 2019 and to keep the position and programming functioning with the success it’s had to date it requires renewal of this interlocal agreement. RECOMMENDATION: Authorize the Mayor to enter into a renewal of the Law Enforcement Embedded Social Worker contract with Skagit County for January through December 2020. ATTACHED: Interlocal Cooperative Agreement – Law Enforcement Embedded Social Worker  INTERLOCAL COOPERATIVE AGREEMENT BETWEEN SKAGIT COUNTY AND THE CITY OF MOUNT VERNON THIS AGREEMENT is made and entered into by and between the City of Mount Vernon ("City"), a municipal corporation, and Skagit County, Washington ("County"), a political subdivision of the State of Washington pursuant to the authority granted by state law including but not limited to Chapter 39.34 RCW, INTERLOCAL COOPERATION ACT. NOW, THEREFORE, in consideration of the promises and covenants hereinafter set forth, the County and the City agree as follows: 1) PURPOSE: The purpose of this Agreement is to set forth the duties between the City and the County regarding a law enforcement embedded social worker program (the “Program”) that hires a social worker to provide outreach and engagement and enhance and assist in community support services to vulnerable populations. To better respond to a variety of street-level social issues, the social worker shall be embedded with the City’s Police Department and shall be known as the Embedded Social Worker (ESW). The goal of the Program is to provide an alternative police response through outreach and engagement to homeless individuals with behavioral health disorders (mental and/or substance use disorders) and other needs within the City. The ESW will be employed by the City of Mount Vernon and shall be located within the Mount Vernon Police Department (MVPD). By sharing work space with the ESW at the MVPD partnerships will be created or enhanced between the MVPD and local social services agencies. The ESW will provide assistance with police response with the aim to bridge gaps between law enforcement response and the needs of homeless individuals to facilitate access to help and support social needs such as behavioral health treatment services, housing and financial needs and reduce future negative law enforcement contacts including involvement with criminal justice system. The ESW will focus on individuals most in need to help link them to resources to improve their quality of life and enhance community safety so that people are more likely to get the help and support the identified needs and less likely to be repeatedly contacted and/or incarcerated. 2) OBJECTIVES: The City and County agree that the following shall be the Objectives and Strategies of the Program: a) Improve response and provide better follow-up with homeless individuals with behavioral health disorders b) Reduce impact on police resources c) Maintain data on the Program’s effectiveness d) Engage, motivate and support individuals in accessing services and maintaining stability and recovery 3) RESPONSIBILITIES: It is agreed between the parties during the effective term of this Agreement that: a) The County shall perform the following: i) Reimburse the City an amount not to exceed two-thirds (2/3) of the total cost of the program up to a maximum of Sixty thousand dollars ($60,000.00) for the program during the contract period. ii) Provide ongoing technical assistance. INTERLOCAL AGREEMENT Page 1 of 6  b) The City shall perform the following: i) Fund a minimum of one-third (1/3) of the total cost of the program during the twelve (12) month contract period. ii) Employ the ESW. The ESW shall have at a minimum education qualification a master’s degree in Social Work with, licensure preferred. iii) Job Description for the ESW shall include the following tasks: (1) Provide outreach and engagement to homeless individuals seen on a recurring basis (2) Provide training to law enforcement officers on a social services resources (3) Develop a procedure to identify and screen individuals with behavioral health, health, or other social service needs- (“identified individuals”) (4) Develop a network of collaborative relationships with community resources including but not limited to the Skagit County Crisis Center, Crisis Prevention & Intervention Team, Designated Mental Health Professionals, Skagit County Jail, Jail Transition Program, Community Action Agency, emergency housing providers and other social service providers. (5) Follow up with identified individuals in a) an effort to bridge gaps between police contacts and behavioral health and social services, and b) ensure continuity of care (6) Provide ongoing follow-up engagement activities to engage and enroll individuals in available treatment services. (7) In collaboration with identified individuals, create individual-directed plan to identify service needs and facilitate access to resources. (8) Assist identified individuals with the completion, submission and follow-up of necessary paperwork and applications for long-term health benefits and mental health services. (9) Assist identified individuals in scheduling appointments for benefits and services as appropriate. (10) Meet with identified individuals in the community frequently to discuss, assess, direct and assist in the removal of barriers to self-sufficiency. (11) Monitor and document interactions with identified individuals. iv) Provide employment benefits to ESW. v) Contract with a Licensed Independent Clinical Social Worker as defined in RCW 18.225.090 (a)(ii) with appropriate knowledge and experience to provide clinical consultation and make recommendations regarding activities, or decisions of the ESW. The MHP shall provide clinical “consultation” as that term is defined in WAC 388-865- 0150 to the ESW. Clinical consultation shall occur monthly at a minimum, City shall comply with all federal and state medical records requirements in performing all consultations with the ESW. vi) Provide training for ESW as available and appropriate. vii) Provide tools and equipment as deemed appropriate. viii) Provide monthly reports, to include: (1) Number of unduplicated individuals served; (2) Number of clients connected to behavioral health treatment services; (3) Number of individuals with mental illness only; (4) Number of individuals with substance use disorders only; (5) Number of individuals with co-occurring mental and substance use disorders; (6) Number of clients who accessed housing as a result of program services; (7) Staff training provided, including topics and number of staff trained. ix) Provide brief quarterly progress reports describing program successes and problems encountered, if any, in meeting the Interlocal requirements. INTERLOCAL AGREEMENT Page 2 of 6 4) TERM OF AGREEMENT: The term of this Agreement shall be from January 1, 2020, through December 31, 2020. 5) MANNER OF FINANCING: The County shall reimburse the City for services provided in this Agreement. Total reimbursement shall not exceed two-thirds (2/3) of the total cost of the program, for a total sum not to exceed sixty thousand dollars ($60,000.00.) a) Eligible expenses include: i) Salary and benefits for the ESW. ii) Cost of contracting with a Licensed Independent Clinical Social Worker as defined in RCW 18.225.090 (a)(ii) with appropriate knowledge and experience to provide clinical consultation and make recommendations regarding activities, or decisions of the ESW. Total amount reimbursable for clinical consultation services shall not exceed five thousand dollars ($5,000.) b) The Contractor shall budget funds awarded for contracted services in a manner that ensures availability of such services throughout the entire term of this contract. c) The City shall submit invoices accompanied by the proper documentation to verify services. d) Invoices shall be emailed to christibw@co.skagit.wa.us or mailed or hand delivered to: Skagit County Public Health 700 South 2nd St. Administration Building, Room 301 Mount Vernon, WA 98273 e) All invoice corrections must be submitted no later than sixty (60) days after the last day of the month in which those services were provided, except at the end of the fiscal year, when all invoices and corrections must be submitted by the fifth (5th) working day of the month following the end of the fiscal year. f) The County agrees to make payment for services provided as approved by the Auditor of Skagit County with County warrants within thirty (30) working days following receipt of City's claim for reimbursement; provided that no payment shall be made in the month during which services are delivered unless otherwise approved by the County. g) The City shall budget funds awarded for contracted services in a manner that ensures availability of such services throughout the entire term of this contract. 6) ADMINISTRATION: The following individuals are designated as representatives of the respective parties. The representatives shall be responsible for administration of this Agreement and for coordinating and monitoring performance under this Agreement. In the event such representatives are changed, the party making the change shall notify the other party. 5.1 The County's representatives shall be the Director of Public Health and the Human Services Manager. 5.2 The City's representatives shall be the Mayor and Chief of Police. 7) TREATMENT OF ASSETS AND PROPERTY: No fixed assets or personal or real property will be jointly or cooperatively, acquired, held, used, or disposed of pursuant to this Agreement. 8) INDEMNIFICATION: Each party agrees to be responsible and assume liability for its own wrongful and/or negligent acts or omissions or those of their officials, officers, agents, or employees to the fullest extent required by law, and further agrees to save, indemnify, defend, and hold the other party harmless from any such liability. It is further provided that no liability shall attach to the County by reason of entering into this contract except as expressly provided herein. INTERLOCAL AGREEMENT Page 3 of 6 9) TERMINATION: Any party hereto may terminate this Agreement upon thirty (30) days’ notice in writing either personally delivered or mailed postage-prepaid by certified mail, return receipt requested, to the party’s last known address for the purposes of giving notice under this paragraph. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 10) CHANGES, MODIFICATIONS, AMENDMENTS AND WAIVERS: The Agreement may be changed, modified, amended or waived only by written agreement executed by the parties hereto. Waiver or breach of any term or condition of this Agreement shall not be considered a waiver of any prior or subsequent breach. 11) SEVERABILITY: In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications of this Agreement which can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this Agreement are declared severable. 12) NO THIRD PARTY BENEFICIARIES: The provisions of this Agreement are for the exclusive benefit of the County and the City. This Agreement shall not be deemed to have conferred any rights, promises, or representations express or implied, upon any third parties on which they should reasonably rely. This Agreement is not intended nor shall serve to create any defense or claim that a third party may assert against the Parties including but not limited establishing or forming a special relationship owed to any individual or class of individual not party to this Agreement and which lies separate or beyond a Parties’ general public duty causing exemption to the public duty doctrine. 13) GOVERNING LAW; VENUE: This Agreement shall be governed by the laws of the State of Washington. The venue of any action arising out of this Agreement shall be in the Superior Court of the State of Washington, in and for Skagit County. 14) ENTIRE AGREEMENT/AMENDMENTS: This Agreement contains all the terms and conditions agreed upon by the parties. All items incorporated herein by reference are attached. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. No changes or additions shall be made to this Agreement except as agreed to by both parties, reduced to writing and executed with the same formalities as are required for the execution of this Agreement. 15) OTHER PROVISIONS: a) Evaluation – The program will be evaluated by the Parties for efficiency and impact on stated objectives. b) Objectives and data collection used to determine program success i) Increased service access within 90 days of engagement as measured by aggregate data compiled from client records demonstrating engagement in behavioral health services through attendance at service appointments ii) Improved level of functioning, stability and increased social connectedness within 6 months of engagement as measured by the multi-dimensional treatment matrix and participant survey response iii) Decreased criminal justice involvement within 90 days of engagement as measured by review of law enforcement contacts INTERLOCAL AGREEMENT Page 4 of 6  iv) Increased stability in housing within 6 months of engagement as measured by housing status at time of entry into services and within six months of engagement. CITY OF MOUNT VERNON: ___________________________ Jill Boudreau Mayor, City of Mount Vernon (Date _________) __________________________ Budget Finance Director __________________________ City Attorney Mailing Address: City of Mount Vernon 910 Cleveland St PO Box 809 Mount Vernon, WA 98273 INTERLOCAL AGREEMENT Page 5 of 6 DATED this _____ day of _______________, 2019. BOARD OF COUNTY COMMISSIONERS SKAGIT COUNTY, WASHINGTON Lisa Janicki, Chair Ron Wesen, Commissioner Attest: Kenneth A. Dahlstedt, Commissioner Clerk of the Board For contracts under $5,000: Authorization per Resolution R20030146 Recommended: County Administrator Department Head Approved as to form: Civil Deputy Prosecuting Attorney Approved as to indemnification: Risk Manager Approved as to budget: Budget & Finance Director INTERLOCAL AGREEMENT Page 6 of 6 AGENDA ITEM: L  AGENDA ITEM: M DATE: December 11, 2019 TO: City Council and Mayor Boudearu FROM: Rebecca Lowell, Development Services SUBJECT: OPEN RECORD PUBLIC HEARING ON AFFORDABLE HOUSING CODE AMENDMENTS RECOMMENDED ACTION: Staff requests hat Council hold a public hearing and make a decision to adopt the subject code amendments outlined within the accompanying Ordinance. INTRODUCTION/BACKGROUND: Soon after adoption of the City's Comprehensive Plan (Plan) in late 2016 the City identified the need to adopt code amendments aimed at the creation of housing affordable to those earning 80% of the area median income and below. In 2017 the City started work on these code amendments and contracted with BERK consulting that kicked off this work program by conducting interviews with local housing stakeholders. Attachment 1 to this memo is a summary of these interviews. After the above-described interviews were complete BERK worked with City staff, the Commission and Council to refine the scope of the proposed code amendments. Attachment 2 contains copies of the briefings provided by BERK and staff to the Commission and Council in late 2017 and early 2018. BERK also created a Memorandum to city staff containing code suggestions that is attached to this memo identified as Attachment 3. Staff is aware that others have been critical of the City because the current code amendments were delayed from early 2018 to the present. In response to this criticism staff feels compelled to provide details about the other housing work plan items that were adopted by the City from 2017 to the present that were all aimed at helping vulnerable populations and encouraging affordable housing.  Ordinances 3712, 3743, 3780, and 3790: authorizing Permanent Supported Housing Facilities, Temporary Homeless Encampments, emergency cold weather shelters, and safe parking.  Ordinances 3748, 3749, and 3750: adopted the South Kincaid Subarea Plan, rezoned 79 parcels and created a new zoning district. This new subarea and its associated regulations will lead to the creation of hundreds of new multi-family residential units that would otherwise not have been allowed. Increasing the City's supply of multi-family housing has been identified as an affordable housing issue.   Ordinance 3775: adopted amendments to the C-3 and C-4 zones to remove the density limits for multi-family units in these zones. As stated above, increasing the City's supply of multi- family housing has been identified as an issue.  Ordinance 3754: reducing traffic impact fees - ensuring city fees are as low as possible is important to the production of affordable housing.  Ordinance 3776: revisions to procedural codes to allow electronic plan review - permit time frames are important when developers are trying to create affordable housing. FINDINGS/CONCLUSIONS: Attachment 4 to this memo includes three different research papers/reports documenting why it is so important for the City to require affordable housing units created through the code amendments before the Commission to remain affordable in perpetuity. Following are summary remarks from one of the referenced reports that staff hopes will resonate with the Commission: Hickey, etal (2014) found that “Declining federal funding for affordable housing programs will shift greater responsibility to states and localities to find innovative ways to meet local housing challenges…It is important to protect the public investment used to create affordable homes…by developing strategies to ensure the long-term affordability of the housing units and preserve affordable homeownership and rental opportunities for future generations” (p. 38). The procedural requirements for the code amendments before the Council have been satisfied, as outlined below. Copies of the below-listed items is attached labeled as Attachment 5. A. The Department of Commerce was notified of the proposed amendments on September 26, 2019, an acknowledgement letter was received from Commerce dated October 2, 2019, and Commerce granted the City expedited review (their identification number: 2019-S-732); and as such, the City is in compliance with RCW 36.70A.106 (1). B. A SEPA Threshold Determination of Non-significance (DNS), non-project action, was issued on October 3, 2019 and published and routed to all applicable Federal, State, and Local Agencies, Utilities, and Tribes on October 7, 2019. The comment period for the DNS ended on October 21, 2019; and the appeal period for the DNS ended on October 31, 2019. There were no comments received or appeals filed. C. The requirements for public participation in the development of this amendment as required by the State Growth Management Act (GMA) and by the provisions of City of Mount Vernon Resolution No. 491 have all been met. D. The Planning Commission held an open record public hearing on November 5, 2019 that they continued to November 19, 2019. After fully, fairly and carefully considering the public input and staff materials relevant to the amendments, the Commission forwarded to the Council its recommendation to APPROVE the subject code amendments. RECOMMENDATION: Staff requests hat Council hold a public hearing and make a decision to adopt the subject code amendments. ATTACHED:  Ordinance for Council Consideration  Planning Commission Meeting Minutes  Comment letters  Attachment 1: Housing Stakeholder Interviews  Attachment 2: Commission and Council Briefings  Attachment 3: Housing Affordability Program Code Suggestions from BERK  Attachment 4: Research about permanent affordability  Attachment 5: Copies of Procedural Items