City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA February 8, 2023, 7:00 p.m. Police Court Campus, 1805 Continental Place To virtually attend the meeting, the public may: 1. Watch the meeting live on TV10: Comcast/Xfinity Channel 10 2. Watch the meeting live, online: https://www.youtube.com/channel/UCUob_hcQUmd4S93YkletdrA I. OPENING CEREMONIES A. Call to Order B. Pledge of Allegiance C. Roll Call of Councilmembers II. COMMUNITY COMMENTS 1. Review of Emails from the Public (Public comments may be sent via email to communitycomments@mountvernonwa.gov. The comments will be read aloud into the record during the public comment portion of the agenda. Please limit your comments to be read in three minutes or less. Email comments must be received by 4 p.m. on February 8, 2023.) 2. Public Comments (This is an opportunity for Mount Vernon residents to address their City Council. Please limit comments to three 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. If you are unable to attend the meeting and would like to make your comments via Zoom, please submit a request to speak via email to communitycomments@mountvernonwa.gov or by telephone at 360-419-3253. Requests must be received by 4 p.m. on February 8, 2023.) III. CONSENT AGENDA A. Approval of January 25, 2023, Regular Council Meeting Minutes. B. Approval of February 3, 2023, payroll checks numbered 111859 - 111880, direct deposit checks numbered 92265 - 62515, and wire transfers numbered 1180 – 1184 in the amount of $1,133,840.96 C. Approval of February 8, 2023, Claims numbered 20560 - 20733 in the amount of $1,391,859.85 D. Approval of Agreement – Dowell Consulting, PLLC Mount Vernon City Council Agenda February 8, 2023 Page 2 of 3 IV. REPORTS A. Committees 1. Public Works and Library 2. Public Safety B. Councilmember Comments C. Mayor’s Report D. Committee Agenda Requests V. UNFINISHED BUSINESS None VI. NEW BUSINESS A. Public Hearing – Community Development Block Grant (CDBG) 2023-2024 Action Plan (This is an open record public hearing to obtain the views of residents and other interested parties on the community development needs of the City prior to preparing a draft CDBG 2023-2024 Action Plan.) (required action – none) (staff contact – Peter Donovan) B. 2023 Budget Amendment (Staff is requesting approval of Ordinance 3865 amending the 2023 Budget.) (required action – ordinance) (staff contact – Doug Volesky) C. Approval of Agreement – Washington Trails Association (Staff is requesting approval of an agreement with the Washington Trails Association for trail maintenance at Little Mountain Park.) (required action – motion) (staff contact – Jennifer Berner) D. Approval of Emergency Purchase – Electric West, Inc. (Staff is requesting approval of the emergency purchase and installation of light poles at Sherman Anderson Park.) (required action – motion) (staff contact – Jennifer Berner) E. Approval of Agreement – Madrona Law Group (Staff is requesting approval of an agreement with Madrona Law Group for legal services in support of the Development Services Department.) (required action – motion) (staff contact – Kevin Rogerson) F. Approval of Agreement – Opioid Abatement Council (Staff is requesting approval an agreement forming an Opioid Abatement Council.) (required action – motion) (staff contact – Kevin Rogerson) G. Approval of Memorandum of Understanding (MOU) – Skagit County Children’s Advocacy Center (SCCAC) (Staff is requesting approval of an MOU with SCCAC allowing participation in the Multidisciplinary Team.) (required action – motion) (staff contact – Kevin Rogerson) Mount Vernon City Council Agenda February 8, 2023 Page 3 of 3 H. Approval of Agreement – CDWG (Staff is requesting approval of an agreement with CDWG for security engineering and consulting services.) (required action – motion) (staff contact – Mary Thomas) I. Approval of Agreement – David Evans and Associates, Inc. (Staff is requesting approval of an agreement with David Evans and Associates, Inc. to provide grant writing assistance.) (required action – motion) (staff contact – Blaine Chesterfield) COMMITTEE MEETINGS Public Works and Library 6:00 p.m. Next Ordinance 3865 Next Resolution 1028  CONSENT AGENDA ITEM: D DATE: February 8, 2023 TO: Mayor Boudreau and City Council FROM: Doug Volesky, Finance Director SUBJECT: CONSULTING MASTER SERVICES AGREEMENT WITH DOWELL CONSULTING, PLLC. RECOMMENDED ACTION: Staff recommends Council approval of a consulting master services agreement with Dowell Consulting, PLLC. INTRODUCTION/BACKGROUND: Attached is a consulting master services agreement with Dowell Consulting. This contract is used for help in financial preparation, review and consultation for the city’s financial statements and other general accounting processes as needed. FINDINGS/CONCLUSIONS: This is a renewal of an ongoing contract that the City has with Andrea Dowell. Andrea’s expertise is most helpful and has been a major contributor to the City’s financial statements and audit. RECOMMENDATION: Staff recommends Council approval of a consulting master services agreement with Dowell Consulting, PLLC. ATTACHED: • Consulting Master Services Agreement – Dowell consulting, PLLC  AGENDA ITEM: A DATE: February 8, 2023 TO: Mayor Boudreau and City Council FROM: Peter Donovan, Project Development Manager SUBJECT: OPEN RECORD PUBLIC HEARING FOR CDBG CONSOLIDATED PLAN & ACTION PLAN RECOMMENDED ACTION: None INTRODUCTION/BACKGROUND: - The City of Mount Vernon is undertaking the planning process for submission of its five-year Strategic Plan in conjunction with the HOME Consortium Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD). -The Consolidated Plan is the planning and application requirement for the City’s Community Development Block Grant (CDBG). The Consolidated Plan is a five-year Strategic Plan (2023-2027). - The Consolidated Plan includes a one-year Action Plan (2023-24) that describes how CDBG will be used to carry out the City’s Strategic Plan to meet housing and community development needs. - This is an Open Record Public Hearing to obtain the views of citizens and other interested parties on the housing and non-housing community development needs of the City before a draft Community Development Block Grant (CDBG) 2023-27 Consolidated Plan, and a one-year 2023-24 Action Plan is prepared. -The amount of the City’s 2023 CDBG allotment has not yet been determined by HUD. In previous years the City’s allocations have been: --2022: $359,983 --2021: $369,122 --2020: $383,000 --2019: $390,000 --2018: $400,488 FINDINGS/CONCLUSIONS: None RECOMMENDATION: None ATTACHED: Public Notice of Hearing for CDBG 2023-27 Consolidated Plan and 2023-24 Action Plan  AGENDA ITEM: B DATE: February 8, 2023 TO: Mayor Boudreau and City Council FROM: Doug Volesky, Finance Director SUBJECT: 2023 BUDGET AMENDMENT RECOMMENDED ACTION: City staff is requesting Council to approve an ordinance to amend the 2023 Adopted Budget. INTRODUCTION/BACKGROUND: The 2023 Budget Amendment includes the following: 1. The Parks & Enrichment Services Fund (F103) requires an increase in part-time positions to adequately support activities of the Park Department. These part-time positions include: a. 2 – Facility Monitors – On Call positions b. 2 - Recreation Leads – Nature Camp – 1, and On The Go/Playground - 1 c. 2 – Recreation Aides – Nature Camp These additional positions do not require an increase in budgeted appropriations and are included in the previously adopted Parks overall hours budgeted for these services. 2. The Wastewater Utility Fund (F401) requires an increase in appropriated expenditures in the amount of $150,000 to account for a purchase of a mini excavator that will be used to make grade adjustments to manhole castings, repair sewer mains and the broken connections to the main. This machine will be specified so that it can be utilized in confined areas like alleys or undeveloped right of ways that cannot be accessed with the large excavator, but large enough to place materials and safety equipment. This machine will also be used for other activities like repairs to curbs, sidewalks, catch basins, and underground repairs within the Wastewater Treatment Plant. Fund reserves will offset this cost. FINDINGS/CONCLUSIONS: As this increase in part-time positions in Parks & Enrichment Services and expenditures in the Wastewater Utility were not included in the 2023 adopted budget, these budget amendments are necessary to complete and properly record these activities. The Wastewater Utility fund has available funding for this expenditure. RECOMMENDATION: City staff is requesting Council to approve ordinance XXXX to amend the 2023 Adopted Budget. ATTACHED: Ordinance XXXX AGENDA ITEM: C AGENDA ITEM: D  AGENDA ITEM: E DATE: February 8, 2023 TO: Mayor Boudreau and City Council FROM: Kevin Rogerson, City Attorney SUBJECT: CONTRACT FOR PROFESSIONAL SERVICES RECOMMENDED ACTION: That the Council approve by motion and vote the proposed agreement. INTRODUCTION/BACKGROUND: It is anticipated that during 2023 there will be a continuing need for legal services in support of the City’s Development Services Department that will exceed in house resources in order to meet the upcoming Growth Management Act periodic review requirement, to review general land use regulations so that City regulations satisfy current and new state legislation and new land use policies the Council wishes to entertain. The attached agreement is with the Madrona Law Group in general and Kim Pratt as lead attorney. Ms. Pratt is an attorney practicing Municipal Law and has, in particular, substantial Land Use experience. The agreement is for legal services up to fifty thousand dollars ($50,000.00) according to the rates set forth in the proposed services agreement. The City Attorney has reviewed the agreement and approved it as to form. FINDINGS/CONCLUSIONS: That approval of the agreement is in the City’s best interest. RECOMMENDATION: Approval of the agreement. ATTACHED: Agreement  AGENDA ITEM: F DATE: February 8, 2023 TO: Mayor Boudreau and City Council FROM: Kevin Rogerson, City Attorney SUBJECT: AGREEMENT FORMING OPIOID ABATEMENT COUNCIL RECOMMENDED ACTION: That the Council approve by motion and vote the proposed agreement. INTRODUCTION/BACKGROUND: Mount Vernon is a party, along with a number of local governments, engaged in litigation seeking to hold entities within the pharmaceutical supply chain of prescription opioids accountable for the damage they have caused to the local governments. The state and the local governments engaged in litigation and the other cities and counties in Washington reached an agreement with several litigants settling their claims, which included a form of allocation for opioid funds memorialized by both a Memorandum of Understanding (“MOU”) relating to the allocation and use of the proceeds of Settlements and approving a Settlement Agreement after such MOU was signed. The agreement (identified as the One WA MOU in the attached agreement) required that the participating cities and counties form regional councils pursuant to Section C.4.h and Section 15 of the One WA MOU agreement that will function to oversee allocation and expenditures of the opioid settlement funds are done consistently with the agreement, including the approved purposes for such use. In the agreement, Mount Vernon will still directly receive any opioid funds it is owed and maintains full discretion over the use and distribution of its allocation so long as the funds are used for approved purposes set forth in the One WA MOU previously agreed. Up to 10% of all the funds received will be reserved for any administrative costs related to OAC’s oversight responsibilities, which is consistent with the One WA MOU. Our regional counsel consists of Whatcom, Skagit, Island, and Snohomish Counties as well as the twenty cities listed in Recital A. An already formed body in same North Sound regional service area provides behavioral health services known as the North Sound Behavioral Health Administrative Services Organization. The agreement will designate a subcommittee of that body to function as the opioid abatement council. It would be composed of one representative of each participating county and one city representative per county. The participating cities within each county would choose one individual to represent all of the cities within that county. FINDINGS/CONCLUSIONS: The approval of the agreement is acceptable to the City of Mount Vernon. RECOMMENDATION: Approval of the agreement. ATTACHED: Agreement.  AGENDA ITEM: G DATE: February 8, 2023 TO: Mayor Boudreau and City Council FROM: Arne Denny, Assistant City Attorney SUBJECT: CONTINUATION OF MEMORANDUM OF UNDERSTANDING (MOU) AS A MEMBER OF THE SKAGIT COUNTY CHILDREN’S ADVOCACY CENTER (SCCAC) MULTIDISIPLINARY TEAM RECOMMENDED ACTION: Approve by motion authorizing the Mayor to enter into attached MOU. INTRODUCTION/BACKGROUND: The purpose of this MOU is a continuation of previous MOU’s allowing members of the Multidisciplinary Team, of which the City of Mount Vernon is a part, to work cooperatively, following certain standards of practice and protocols, to support protection, healing and justice for victims of child abuse and their families in a child friendly environment through a collaborative approach to investigation, prosecution and treatment. There are no costs to the City. FINDINGS/CONCLUSIONS: Entering into the agreement is within the interest of the City. RECOMMENDATION: Approval. ATTACHED: MOU  AGENDA ITEM: H DATE: February 8, 2023 TO: Mayor Boudreau and City Council FROM: Mary Thomas, Information Services Director SUBJECT: 2023 SOW FOR IT AND CDWG FOR PROFESSIONAL SERVICES RECOMMENDED ACTION: Staff recommends that Council approve the mayor to sign a Statement of Work with CDWG not to exceed 15,000 for the year ending December 31, 2023 for professional engineering services regarding Microsoft 365 INTRODUCTION/BACKGROUND: There are times in which we need to have professionals that are Microsoft engineers assist in our deployment and troubleshooting efforts and this agreement allows us to achieve that. FINDINGS/CONCLUSIONS: This agreement has an end date and a cap that allows a maximum spend and a one year limit. RECOMMENDATION: Motion ATTACHED: Statement of Work  AGENDA ITEM: I DATE: February 8, 2023 TO: Mayor Boudreau and City Council FROM: Blaine Chesterfield, Engineering Manager SUBJECT: AWARD OF A PROFESSIONAL SERVICES AGREMENT FOR CULVERT REPLACEMENT GRANTS RECOMMENDED ACTION: The City Council authorize the Mayor to enter into a professional services agreement with David Evans and Associates, Inc. to provide Culvert Replacement Grant Writing Assistance Services in the amount of Thirty-Seven Thousand one hundred dollars ($37,100.00). INTRODUCTION/BACKGROUND: The City has been working to remove known fish barriers. The Maddox Creek culvert removal at Bonnie Rae Park is an example of a successful grant application and project. Both the 30th Street/Logan Creek and Hickox Road/Carpenter Creek culvert crossings have grant applications pending. FINDINGS/CONCLUSIONS: There are seven known fish barrier culverts within the City of Mount Vernon. The City has grant applications pending for two of the fish barrier culverts. This professional services agreement will assist staff in applying for the remaining five culverts. RECOMMENDATION: Staff requests City Council approval of the Professional Services Agreement with David Evans and Associates, Inc. to provide Culvert Replacement Grant Writing Services. ATTACHED: Proposed “Professional Services Agreement with DEA”.