City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA May 13, 2020 7:00 p.m. (Virtual Meeting) The Mount Vernon City Councilmembers will be participating in this meeting via video/teleconference technology. To virtually attend the meeting, the public may: 1. Call the conference line: 1-888-924-9240; Access Code: 3366211 (please ‘mute’ your phone, if possible, to minimize distractions) 2. Watch the meeting live on TV10: Comcast/Xfinity Channel 10 3. Watch the meeting live, online: https://www.youtube.com/channel/UCUob_hcQUmd4S93YkletdrA I. OPENING CEREMONIES A. Call to Order B. Roll Call of Councilmembers II. CONSENT AGENDA A. Approval of April 22, 2020 Special Council Meeting Minutes B. Approval of May 5, 2020 payroll checks numbered 110025 - 110048 direct deposit checks numbered 76811 - 77020, and wire transfers numbered 849 – 853 in the amount of $930,352.50 C. Approval of May 13, 2020 Claims numbered 8913 - 8915, 8919 and 8924 - 9085 in the amount of $923,711.40 III. REPORTS A. Review of Emails from the Public (All public comments must be sent via email to council@mountvernonwa.gov. The comments will be read aloud into the record during the public comment portion of the agenda.) IV. NEW BUSINESS A. Virtual Public Hearing – 2020-2021 CDBG Annual Action Plan (This is an open record public hearing to obtain the views of citizens and other interested parties on the draft Community Development Block Grant {CDBG} 2019 Action Plan. HUD is now allowing a 5-day minimum public comment period in light of the public emergency caused by the COVID-19 outbreak. The 5-day public comment period for the draft Action Plan and Amendments is May 7, 2020 through May 13, 2020 (5 business days). The draft Action Plan and Amendments will be available for review and comment during this time on the City’s website www.mountvernonwa.gov or by calling (360) 336- 6211. The public and any interested persons are invited to review and comment in writing on the draft Action Plan and Amendments. Written comments must be received no later than 5:00 p.m. on May 13, 2020, and may be submitted to the City of Mount Vernon Project Development Manager, 910 Cleveland Avenue, Mount Vernon, WA 98273, or by email to mvmayor@mountvernonwa.gov.) (required action – motion) (staff contact – Peter Donovan) Mount Vernon City Council Agenda May 13, 2010 page 2 B. Approval of Agreement - Fire Marshal Services (Staff is requesting that Council authorize the Mayor to enter into an agreement with Skagit County for the mutual exchange of Fire Marshal Services.) (required action – motion) (staff contact – Chief Bryan Brice) C. Ratification of Emergency Executive Orders (Upon the proclamation of a disaster or emergency, and during its existence, the Mayor has authority to make executive orders, pursuant to Municipal Code, such orders shall at the earliest practicable time be presented to the City Council for ratification and confirmation, modification or rejection, and if rejected shall be void.) (required action – motion) (staff contact – Kevin Rogerson) D. For the Good of the Order:  COVID 19 pandemic response and discussion COMMITTEE MEETINGS Public Works and Library Cancelled Next Ordinance 3804 Next Resolution 975  AGENDA ITEM: A DATE: May 13, 2020 TO: Mayor Boudreau and City Council FROM: Peter Donovan, Project Development Manager SUBJECT: OPEN RECORD PUBLIC HEARING FOR 2020-21 CDBG ACTION PLAN RECOMMENDED ACTION: Motion INTRODUCTION/BACKGROUND: - This is an Open Record Public Hearing to obtain the views of citizens and other interested parties on the draft Community Development Block Grant (CDBG) 2020 Action Plan. -The 5-day public review and public comment period for the 2020-2021 Draft Action Plan extends from May 7, 2020 to May 13th, 2020. -During this time, the public has been invited to obtain the Draft Action Plan, and to provide written comment. -Written comments received during this 5-day period will be read into the record this evening -The amount of the City’s 2020-21 CDBG allotment is $383,922. An additional amount of $225,849 has been provided for COVID-19 impact response. -The following amendments will allow for the City of Mount Vernon are necessary to adjust past Action Plans, and to receive and allocate additional CDBG-CV funding—funds made available through HUD for community response to the effects of the COVID-19 virus: --Amend the 2018/2019 Action Plan (Goal: Increase supply of affordable owner-occupied housing to adjust the Goal Outcome Indicator from 4 households assisted to two households assisted) --Amend the 2019/2020 Action Plan (Goal Outcome Indicator to include $225,849 in CDBG-CV funds) --Amend the 2015/2016 (redirect unused funds to property acquisition related to new rental housing development in 2020) --Amend the 2018-2022 Consolidated Plan (add public services and microenterprise assistance as activities that may use COVID-19 funding. --Amend Citizen Participation Plan to address circumstances when a disaster or other emergency requires additional CDBG activities and use of additional CDBG funding to address an emergency FINDINGS/CONCLUSIONS: With these amendments, the City of Mount Vernon will be positioned to more effectively utilize federal resources to address local needs. The Mayor and City Council have worked within HUD regulations to provide a fast and efficient way to put federal dollars into the pockets of Mount Vernon residents and business owners who desperately need it, in these difficult times. -The 2020-2021 Draft Action Plan and additional COVID relief funding includes the following allocations: --$110,000 to EDASC (Economic Development Alliance of Skagit County) for small business grants --$110,000 to Community Action for Rental Assistance --$110,000 to Public Facilities Revitalization for the Downtown Floodwall Loan --$100,000 to Skagit Habitat for Humanity for homebuyer assistance --$53,834 to Friendship House for acquiring property to increase supply of affordable housing --$12,500 to Mount Vernon Downtown Association for small business support --$57,588 to Community Action of Skagit County for Public Services and efforts to reduce poverty --$55,849 for Planning and Admin Totaling $609,771 in federal funding, going toward serving the needs of our Mount Vernon community. RECOMMENDATION: A motion to approve the 2020-2021 Draft Annual Action Plan, as well as the aforementioned amendments to the 2018-19 Action Plan, the 2019-20 Action Plan, the 2015-16 Action Plan, the 2018- 2022 Consolidated Plan, and the Citizen Participation Plan ATTACHED: 2020-2021 Draft Action Plan  City of Mount Vernon Community Development Block Grant DRAFT Annual Action Plan for Program Year 2020 July 1, 2020 – June 30, 2021 Incorporating Amendments to the Annual Action Plans for Program Years 2015, 2018, and 2019, Amendments to the 2018-2022 Consolidated Plan, and Amendments to Citizen Participation Plan Draft May 5, 2020 Page 1 of 5  Executive Summary The Executive Summary presents the principal recommendations concerning funding, priorities, and related policy matters covered in the body of the submittals that the City of Mount Vernon will submit to the US Department of Housing and Urban Development to describe how the City proposes to use HUD Community Development Block Grant (CDBG) funding. This Summary is provided for the convenience of individuals who wish to review the Public Comment Draft and will not be included in the final document submitted to the HUD. Annual Action Plan for Program Year 2020 The US Department of Housing and Urban Development notified the City of Mount Vernon in March 2020 that the City will receive a CDBG allocation of $383,922 for the Program Year beginning July 1, 2020. The City proposes allocating its $383,922 allocation as follows, consistent with the City’s 2018-2022 Consolidated Plan previously submitted to and approved by HUD and as proposed to be amended below: 2020 Annual Action Plan Program Areas and Projects Program Areas Projects Increase supply of affordable rental housing 14.0% $53,834 Friendship House property acquisition $53,834 Microenterprise assistance activities 3.3% $12,500 Mount Vernon Downtown Association $12,500 Support public facilities for revitalization 28.7% $110,000 Mount Vernon floodwall project loan repayment $110,000 Increase supply of affordable owner-occupied housing 26.0% $100,000 Skagit Habitat for Humanity homebuyer assistance $100,000 Supportive efforts to reduce poverty 15.0% $57,588 Community Action of Skagit County public services $57,588 Administration and planning 13.0% $50,000 City of Mount Vernon administrative costs $50,000 Total allocation for Program Year 2020 100% $383,922 $383,922 Page 2 of 5 2020 Annual Action Plan Program Areas and Project Descriptions: 1. Increase supply of affordable rental housing: Friendship House will use CDBG and other funds to acquire real property to expand Friendship House’s existing program, offering permanent housing for people with low income. 2. Microenterprise assistance activities: Mount Vernon Downtown Association will assist the City with implementation of CDBG microenterprise assistance activities that directly benefit downtown Mount Vernon businesses that qualify as CDBG-eligible microenterprises (no more than five employees with an owner whose household income is at or below 80 percent of the area median income). 3. Support public facilities for revitalization: The City of Mount Vernon used a CDBG Section 108 loan from HUD for a portion of the construction costs of the Skagit River floodway project, and the City is making annual payments to repay the loan. 4. Increase supply of affordable owner-occupied housing: Skagit Habitat for Humanity will use CDBG for homeownership assistance activities, using CDBG as a direct benefit for CDBG-eligible homebuyers who need downpayment assistance to afford the purchase of a home. 5. Supportive efforts to reduce poverty: Community Action of Skagit County will use CDBG to provide CDBG-eligible public services for people with low-income through activities at Community Action’s housing resource center. 6. Administration and planning: The City of Mount Vernon will use CDBG funding for planning and administration to implement the 2018-2022 Consolidated Plan and the 2020 Annual Action Plan, and to comply with applicable regulations. Amendment of the Annual Action Plan for Program Year 2019 The US Department of Housing and Urban Development notified the City of Mount Vernon that the City has been offered an additional allocation of CDBG funding, $225,849, from the CARES Act for CDBG-eligible, COVID-19-related activities that “prevent, prepare for, and respond to coronavirus” impacts. This offer of additional CDBG funding requires the City to amend its 2019 Annual Action Plan for the Program Year that began July 1, 2019 and ends on June 30, 2020. The City proposes allocating this CDBG-CV $225,849 allocation as follows, consistent with the City’s 2018-2022 Consolidated Plan as previously approved by HUD and as proposed to be amended, below: Page 3 of 5  2019 Annual Action Plan Amendment Program Areas and Project Descriptions Additional $225,849 CDBG-CV funding as per CARES Act, added to earlier $390,166 CDBG Must be used to "prevent, prepare for, and respond to coronavirus" Program Areas Projects Microenterprise assistance activities 48.7% $110,000 Economic Development Alliance of Skagit County $110,000 Direct emergency payments for rent, utilities, public services 48.7% $110,000 Community Action of Skagit County $110,000 Administration and planning 2.6% $5,849 City of Mount Vernon administrative costs $5,849 Total allocation of CDBG-CV 100% $225,849 $225,849 2019 Annual Action Plan Amendment Program Areas and Project Descriptions: 1. Microenterprise assistance activities: The Economic Development Alliance of Skagit County will assist the City with implementation of CDBG microenterprise assistance activities that directly benefit Mount Vernon businesses that have suffered a loss of income as a result of the COVID-19 disaster and qualify as CDBG-eligible microenterprises (no more than five employees with an owner whose household income is at or below 80 percent of the area median income). 2. Direct emergency payments for rent, utilities, public services: Community Action of Skagit County will assist the City with the distribution of direct emergency payments for rent and utility costs on behalf of CDBG-eligible households whose loss of income causes an imminent risk of homelessness. Eligible households must be Mount Vernon residents, have incomes at or below 80 percent of the area median income, and have suffered a loss of income as a result of the COVID-19 disaster. Page 4 of 5  Amendment of the Annual Action Plan for Program Year 2018 The City will amend the Annual Action Plan for Program Year 2018 to adjust the outcome for the activity, Increase supply of affordable owner-occupied housing, to decrease the number of CDBG-eligible households assisted from four households to two households. Amendment of the Annual Action Plan for Program Year 2015 The City will amend the Annual Action Plan for Program Year 2015 to redirect $30,761.44 to activities that increase supply of affordable rental housing; specifically, property acquisition for the supportive housing project being developed by Catholic Housing Services. Amendment of the Consolidated Plan for Program Years 2018-2022 The City will amend the HUD-approved Consolidated Plan for Program Years 2018-2022 to add a new activity, microenterprise assistance activities, to the activities that the City may choose to fund during the term of the Consolidated Plan and to add COVID-19 disaster-related activities that may use CARES Act CDBG funding to prevent, prepare for, and respond to coronavirus. Amendment of the Citizen Participation Plan The City will amend its Citizen Participation Plan to allow for a five-day public comment period as permitted by the U.S. Department of Housing and Urban Development in light of the public health emergency caused by the COVID-19 outbreak. Page 5 of 5  AGENDA ITEM: B DATE: May 13, 2020 TO: Mayor Boudreau and City Council FROM: Bryan Brice, Fire Chief SUBJECT: INTERLOCAL COOPERATIVE AGREEMENT FOR FIRE MARSHAL SERVICES RECOMMENDED ACTION: Staff recommends that Council adopt the contract for services with Skagit County and authorize the Mayor to execute the contract for the mutual exchange of Fire Marshal Services. INTRODUCTION/BACKGROUND: The agreement establishes a set of mutually agreeable deliverables from the City to providing in kind services. Battalion Chief and Fire Marshal Steve Riggs, separated from service with the City of Mount Vernon Fire Department April 16th. Currently the Fire Department has an agreement with the Cities of Anacortes and Burlington for like Fire Marshal services; however, we do not have an agreement with Skagit County. While the Fire Department is currently without a Fire Marshall, it may become necessary to seek the assistance and investigative services of a Skagit County Fire Marshal. The agreement will aid in ensuring any incident that occurs in the City’s response area requiring an investigation, may occur until the Fire Department can fill the existing vacancy FINDINGS/CONCLUSIONS: The City is without a Fire Marshal at this time due to an employee separation from service. RECOMMENDATION: Staff recommends that Council adopt the contract for services with Skagit County Department of Emergency Medical Services and authorize the Mayor to execute the contract. ATTACHED: Agreement  AGENDA ITEM: C DATE: May 13, 2020 TO: Mayor Boudreau and City Council FROM: Kevin Rogerson, City Attorney SUBJECT: RATIFICATION OF EXECUTIVE ORDERS RECOMMENDED ACTION: Motion INTRODUCTION/BACKGROUND: One emergency executive order has been proclaimed by the Mayor in the past week: --Executive Order #2020-006: Extending Previous Orders to June 3, 2020 FINDINGS/CONCLUSIONS: In light of the recent COVID-19 pandemic, the Mayor has extended previous executive orders which were set to expire on May 4, 2020. Executive Order #2020-002: Closing Certain Public Facilities Executive Order #2020-003: Closing Playgrounds and Library Executive Order #2020-005: Extending Previous Orders (002, 003) Further extension of these orders may be deemed necessary as new data is gathered on the COVID-19 pandemic. RECOMMENDATION: Council ratification of Executive Order #2020-004 & Executive Order #2020-005 ATTACHED: Executive Order 2020-006  City of City Of Mount Vernon VIOUN]’ Office of the Mayor, Executive Order Number 2020-006 ‘/ERJJOIJ Extending Previous Orders (Emergency Management/May 2020 COVID 19) WHEREAS, on Match 11, 2020, the Mayor proclaimed a civil emergency acting under authority vested as Mayor by RCW Chapter 38.52 and MVMC Chapter 2.40 et. seq.; and; WHEREAS, on March 11, 2020 the City Council during a regularly scheduled meeting ratified and approved the Mayor’s emergency proclamation; and WHEREAS, modeling from state, federal and local officials find that the COVID -19 virus will spread, has spread and continues to spread at a high rate among the local community threatening both persons and property within the City of Mount Vernon; and WHEREAS, to curtail the spread of COVID-19 in Mount Vernon, the Mayor previously issued executive orders 2020-01 through 2020-05 as necessary additional measures to limit opportunities for disease transmission; and WHEREAS, the Mayor has emergency authority set forth in Mount Vernon Municipal Code to issues orders as are imminently necessary for the protection of life and property including but not limited to closing to the public any or all public places including streets, alleys, public ways, schools, parks, amusement areas and other public buildings; and NOW, THEREFORE, I, Jill Boudreau, as Mayor of Mount Vernon, by virtue of the authority vested in me by RCW Chapter 38.52 and Mount Vernon Municipal Code Chapter 2.40 et. seq., and all other applicable laws, do hereby promulgate the following Executive Order, to take immediate effect: Section 1. I hereby make and proclaim the following executive order: That the following executive orders are hereby extended: Executive Order #2020-002: Closing certain public facilities Executive Order #2020-003: Closing Playgrounds and Library Executive Order #2020-005: Extending Previous Orders (002, 003) Section 2. This order shall remain in effect and shall extend the orders identified in Section 1 until midnight on June 3, 2020 unless extended beyond that date. Section 3. This Executive Order shall be deemed to have taken effect immediately on May 5, 2020, and all actions taken by City Officials with respect to this emergency before the issuance of this Executive Order are hereby ratified. Dated this 4th day of May, 2020. Approved as to Form: —_c •— IA1 --- , c’ç. cJij,)Boudreau, Mayor Kevin Rogerson, City Attorney Donovan, Peter From: Rogerson, Kevin Sent: Monday, May 04, 2020 2:24 PM To: Donovan, Peter Subject: RE: Exec Order looks fine peter Sent from my Sprint Samsung Galaxy S7. Original message from: “Donovan, Peter” <peterdmountvemonwa.gov> Date: 5/4/20 2:21 PM (GMT-08:00) To: “Rogerson, Kevin” <kevinrmountvemonwa.gov> Subject: Exec Order Please review/approve cPeter cDonovan Proj ect Development Manager Mayor’s Office, City of Mount Vernon 910 Cleveland Avenue Mount Vernon, WA 98273 (360)336-6211 ex. 1105 www. tnountvernonwa. ov 1