City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA April 10, 2024, 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 1. OPENING CEREMONIES A. Call to Order B. Pledge of Allegiance C. Roll Call of Councilmembers 2. APPROVAL OF AGENDA 3. COMMUNITY COMMENTS (This is an opportunity for Mount Vernon residents to address their City Council. Please provide your information on the guest sign-in sheet located on the table near the entrance to the Council Chambers prior to speaking, and 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 360-336-6211. Requests must be received by 4 p.m. on April 10, 2024.) Interpretation services for Community Comments are available on request. Please contact the City at mvmayor@mountvernonwa.gov or 360-336-6211 at least two business days prior to the meeting if you would like an interpreter to share your comments with City Council. 4. CONSENT AGENDA A. Approval of March 27, 2024, Regular Council Meeting minutes B. Approval of April 5, 2024, payroll checks numbered 112436 - 112454, direct deposit checks numbered 99519 - 99779, and wire transfers numbered 1320 - 1324 in the amount of $1,394,746.58 C. Approval of April 10, 2024 Claims numbered 25384 – 25568 in the amount of $942,916.03 D. Approval of Agreement 4550 – Johnson & Johnson Mount Vernon City Council Agenda April 10, 2024 Page 2 of 3 E. Approval of Agreement 4551 - Keycode Media F. Approval of Agreement 4552 – North Sound Behavioral Health Administrative Services Organization 5. REPORTS A. Committees 1. Public Works and Library 2. Public Safety B. Councilmember Comments C. Mayor’s Report D. Committee Agenda Requests 6. NEW BUSINESS A. Presentation – Boys and Girls Club (Boys and Girls Club CEO/President Ron McHenry will provide an update of club activities.)(required action – none) (staff contact –Steve Sexton) B. Presentation – Citizens on Proactive Patrol (COPP) Graffiti Removal Team Recognition (Staff will recognize members of COPP who are assisting with graffiti removal around the City.) (required action – none) (staff contact – Chris Cammock) C. Project Acceptance – 2023 Paving Project (Staff is requesting acceptance of the work performed by Colacurcio Brothers, Inc. for the 2023 Paving Project.) (required action – Motion) (staff contact – Chris Phillips) D. Approval of Agreement – Skagit Fisheries Enhancement Group (Staff is requesting approval of a sub-award agreement with Skagit Fisheries Enhancement Group for funding of the Carpenter Creek/Hickox Road Fish Passage Improvement Project. ) (required action – motion) (staff contact – Blaine Chesterfield) E. Approval of Ordinance – Code Enforcement (Staff is requesting approval of Municipal Code updates reflecting the existence of the Mayor’s authority regarding enforcement and prosecution of the City’s ordinances including those by the City’s parking officer with Ordinance 3889.) (required action – ordinance) (staff contact – Kevin Rogerson) 7. EXECUTIVE SESSION 8. ADJOURNMENT Mount Vernon City Council Agenda April 10, 2024 Page 3 of 3 COMMITTEE MEETING Public Works and Library 6:00 p.m. Next Ordinance 3889 Next Resolution 1054  CONSENT ITEM: A City of Mount Vernon City Council Meeting Minutes March 27, 2024 Police Court Campus, 1805 Continental Place Mayor Donovan called the meeting to order at 7:06 p.m. Councilmembers Present: Beaton, Brocksmith, Carías, Hudson, Molenaar, Tercero, and Vander Stoep Staff Present: City Attorney Rogerson, Finance Director Volesky, Parks and Enrichment Services Director Berner, Special Projects Manager Sexton, Public Works Director Phillips, IT Director Thomas, Police Chief Cammock, Fire Chief Brice, Development Services Director Pratschner, and City Clerk Jensen Citizens: 12 APROVAL OF AGENDA The agenda was approved as presented. COMMUNITY COMMENTS  Ed Johnson, Mount Vernon resident, spoke about cyber security, homeownership, undocumented people, Kiwanis Salmon BBQ, and an upcoming American Legion event.  Marian Myers, Mount Vernon resident, spoke about Cedar Heights stormwater drainage concerns. CONSENT AGENDA A. Approval of March 13 , 2024, Regular Council Meeting minutes Mount Vernon City Council March 27, 2024 Page 2 of 4 B. Approval of March 20, 2024, payroll checks numbered 112410 – 112420, direct deposit checks numbered 99264 - 99518, and wire transfers numbered 1315 - 1319 in the amount of $1,434,052.89 C. Approval of March 27, 2024 Claims numbered 25229 - 25376 in the amount of $4,153,900.12 Councilmember Hudson moved to approve Consent Agenda Items A - C. Motion seconded by Councilmember Molenaar. Motion carried 7- 0. REPORTS A. Committees 1. Finance & Parks and Enrichment Services – see committee minutes for details. 2. Development Services - see committee minutes for details B. Councilmember Comments  Councilmember Beaton provided a summary of the recent Ward 3 meeting.  Councilmember Brocksmith invited the community to the Kiwanis Salmon BBQ taking place during April. C. Mayor’s Report  Mount Vernon Library Commons Construction Update  The next Mayor’s Coffee Hour will take place April 13th from 10:30 am to 11:30 am at the Mount Vernon Library. D. Committee Agenda Requests  Councilmember Vander Stoep requested a review of Chapter 8.60 of the Municipal Code, a 1590 funding discussion, a review of the ADU ordinance related to parking, and a discussion regarding property tax banked capacity. NEW BUSINESS A. Presentation – 2024 Tulip Festival: Skagit Valley Tulip Festival Executive Director Nichole Roozen presented the 2024 Tulip Festival poster. She spoke about the festival’s economic impact, community collaboration, and global representation, then provided a preview of festival activities. B. Presentation – Skagit County and Skagit County Drainage & Irrigation Consortium Update: Jenna Friebel Executive Director of the Drainage & Irrigation Districts Consortium, Will Honea Skagit County Chief Civil Attorney, and Daryl Hamburg from Skagit County Dike District 17 Mount Vernon City Council March 27, 2024 Page 3 of 4 provided a status of the Seattle City Light FERC draft license application as it pertains to flood storage in Skagit County. C. Public Hearing and Approval of Ordinance – Comprehensive Plan Update: Ms. Berner requested approval of the 2024 Parks and Recreation Element of the Comprehensive Plan that includes Parks, Recreation and Open Space (PROS) Plan with Ordinance 3888. Mayor Donovan opened the public hearing. Hearing no comments, Mayor Donovan closed the public hearing. Councilmember Vander Stoep moved to update the PROS Plan and update the Parks and Recreation Element of the Comprehensive Plan with adoption of Ordinance 3888. Motion seconded by Councilmember Beaton. Motion carried 7-0. D. Approval of Agreement – Transpo Group: Mr. Phillips requested approval of an agreement with Transpo Group for the design of the LaVenture Road Widening Project. Councilmember Carías moved to approve the agreement with Transpo Group for the design of the LaVenture Road Widening Project in the amount of $293,477.18. Motion seconded by Councilmember Molenaar. Motion carried 7-0. E. Approval of Agreement – David Evans and Associates: Mr. Phillips requested approval of an agreement with David Evans and Associates to provide a 30% design of the Blackburn Extension Project. Councilmember Tercero moved to approve an agreement with David Evans and Associates for a 30% design of the Blackburn Extension Project in the amount of $295,136. Motion seconded by Councilmember Beaton. Motion carried 7-0. F. Miscellaneous: Ms. Berner Jennifer shared a video celebrating 100 years of Hillcrest Park. G. EXECUTIVE SESSION Mount Vernon City Council March 27, 2024 Page 4 of 4 The meeting adjourned into executive session at 8:55 p.m. for a period of ten minutes to discuss with legal matters relating to agency enforcement actions, litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency pursuant to RCW 42.30.110(1)(i). No action will be taken following the session. ADJOURNMENT The meeting reconvened and adjourned at 9:05 p.m. Submitted by: Becky Jensen, City Clerk  CONSENT ITEM: D DATE: April 10, 2024 TO: Mayor Donovan and City Council FROM: Kevin Rogerson; City Attorney SUBJECT: RE: JOHNSON AND JOHNSON SETTLEMENT OF OPIOID CLAIMS RECOMMENDED ACTION: Approve the Settlement 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 local governments. After discussion through legal counsels, Mount Vernon (along with other local governments engaged in litigation) previously agreed on a form of allocation for opioid funds which has been used as a model as to how funds will be distributed to release county and city claims in the event of settlement. Washington State and local jurisdictions have tentatively reached settlement with Johnson and Johnson set forth in the Settlement Agreement. Here is a summary of the material terms: • The abatement amount is $123.34 million in a one-time payment contingent on local government participation. • The settlement agreement splits the $123.34 million between the State and local governments 50/50. If all eligible cities and counties join, the one-time payment would be made in June 2024. • The sign-on deadline is May 11, 2024. • The required local government participation rate is slightly different than past settlements. All of the 37 litigating subdivisions need to join for the settlement to become effective. As to the remaining non-litigating local governments listed in the agreement, if all join, then the full 100% is paid by J&J this year. If not all join, J&J will hold back 5% and will pay 95% this year. As to the remaining amount, the State and local governments will receive that amount two years later so long as none of the non-joining non-litigating local governments file suit in that two-year period. The AGO has also set up a website with important information and documentation. https://www.atg.wa.gov/johnson-johnson-opioid-settlement FINDINGS/CONCLUSIONS: The Settlement is acceptable to the City of Mount Vernon, WA RECOMMENDATION: Approval ATTACHED: Settlement Agreement plus exhibits  CONSENT ITEM: E DATE: February 28, 2024 TO: Mayor Donovan and City Council FROM: Mary Thomas, IT Director SUBJECT: REPLACEMENT OF PRODUCTION SWITCHER FOR TV10 RECOMMENDED ACTION: Staff recommends Council approval of purchase agreement with Keycode Media for new production switcher for TV10 INTRODUCTION/BACKGROUND: TV10 uses a production switcher to live stream Council meetings. The TriCaster 2 Elite production switcher from Vizrt (formerly NewTek) can produce professional live and recorded content in SD, HD, or UHD 4k. Features include NDI control/recording, “Live Call Connect” for Zoom, LiveGraphics animation and titles using Adobe CC tools and low latency SRT streaming. The current machine used to record council is over 5 years old and was originally slated to be only a temporary backup when the previous dedicated machine no longer supported our cameras. FINDINGS/CONCLUSIONS: This will update the current production switcher used to record council meetings. RECOMMENDATION: Staff recommends Council approval of purchase agreement with Keycode Media for new production switcher for TV10 ATTACHED: Keycode Media Purchasing Agreement  CONSENT ITEM: F DATE: April 10, 2024 TO: Mayor Donovan and City Council FROM: Police Chief Chris Cammock SUBJECT: INTERLOCAL AGREEMENT WITH NORTHSOUND ASO – PD IOS RECOMMENDED ACT PROGRAM ION: REQUESTING COUNCIL APPROVAL FOR THE MAYOR TO ENTER INTO AN AMENDED INTERLOCAL AGREMENT WITH NORTHSOUND BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES ORGANIZATION TO REIMBURSE COSTS ASSOCIATED WITH THE POLICE DEPARTMENTS INTEGRATED OUTREACH SERVICES. INTRODUCTION/BACKGROUND: In August 2022, the City Council approved the Mayor to enter into interlocal agreement with the NS BH- ASO for staff and programming funding for Integrated Outreach Services. The HB-ASO operates on a June to June fiscal budget calendar whereas the City operates on a calendar year. In June 2023, the interlocal agreement technically ended however six months of funding remained budgeted and the BH- ASO funds were unspent. Additionally, the 2023-24 renewed interlocal didn’t contain certain cost increases. The BH-ASO amended the interlocal to approve $40,000 in additional funds to cover the carryover costs from the previous budget cycle and the cost increases for the new contract period. All of these costs were outlined in our approved 2023 and 2024 Police Department budgets. FINDINGS/CONCLUSIONS: The interlocal agreement addendum provides planned funding to improve the police department’s ability to effectively respond to increasing behavioral health emergencies and service calls that come in through 911. RECOMMENDATION: Requesting the City Council approve the Mayor to enter into the amended interlocal agreement with North Sound Behavioral Health Services Organization for Integrated Outreach Services staff and programming cost reimbursement. ATTACHED: Interlocal Agreement and Exhibit A NS BH-ASO Contract Amendment 2 Contract #North Sound HB- ASO City of Mount Vernon Interlocal Co-Responder 2022-23  NEW BUSINESS ITEM: A DATE: April 10, 2024 TO: Mayor Donovan and City Council FROM: Steve Sexton, Special Projects Manager SUBJECT: BOYS AND GIRLS CLUB UPDATE RECOMMENDED ACTION: None INTRODUCTION/BACKGROUND: Ron McHenry, CEO/President of the Skagit County Boys and Girls clubs will update the City Council on the latest developments with the clubs in our communities. FINDINGS/CONCLUSIONS: None RECOMMENDATION: None ATTACHED: None  NEW BUSINESS ITEM: B DATE: April 10, 2024 TO: Mayor Donovan and City Council FROM: Police Chief Chris Cammock SUBJECT: RECOGNITION OF CITIZENS ON PROACTIVE PATROL GRAFFITI REMOVAL TEAM RECOMMENDED ACTION: No action requested. INTRODUCTION/BACKGROUND: Graffiti is a blight for any community often signaling decay, disorder and crime fears. City Departments have worked hard developing programs to prevent and remove graffiti. A new program out of the Police Department comprises 12 Citizens On Proactive Patrol members who volunteer their time painting over graffiti in high visibility locations such as underpasses, arterial fences, roadway signs, utility boxes and more. They coordinate their efforts with the Crime Prevention Division who secures permission from victim property owners to have the graffiti removed. FINDINGS/CONCLUSIONS: Volunteers save thousands of dollars in staff time and reduce the need for city departments to divert from their regular duties to address graffiti vandalism. RECOMMENDATION: Requesting an opportunity for the Mayor and City Council to publicly recognize these community volunteers who want Mount Vernon to be a desirable place to live, work and play.  NEW BUSINESS ITEM: C DATE: April 10, 2024 TO: Mayor Donovan and City Council FROM: Dean Gilbert – Senior Engineering Technician SUBJECT: PROJECT ACCEPTANCE – 2023 PAVING PROJECT- #2023-ITB-002 RECOMMENDED ACTION: Staff recommends Council authorize the Mayor to accept the work completed by Colacurcio Brothers, Inc. on the 2023 Paving Project. INTRODUCTION/BACKGROUND: The project included utility lowering, grinding, paving, utility adjustment, and new channelization markings. FINDINGS/CONCLUSIONS: Physical Completion was achieved on December 13, 2023, in accordance with the plans and specifications. This project was awarded in the amount of $1,762,594 with a final adjusted project cost of $1,667,747.06 for an overall decrease of $94,846.94. RECOMMENDATION: Staff recommends accepting the work performed by Colacurcio Brothers, Inc., for the 2023 Paving Project in the amount of $1,667,77.06. ATTACHED: None  NEW BUSINESS ITEM: D DATE: April 10, 2024 TO: Mayor Donovan and City Council FROM: Blaine Chesterfield, Engineering Manager SUBJECT: SUB-AWARD AGREEMENT WITH THE SKAGIT FISHERIES ENHANCEMENT GROUP FOR FUNDING OF THE CARPENTER CREEK/HICKOX ROAD FISH PASSAGE IMPROVEMENT PROJECT RECOMMENDED ACTION: Staff recommends Council authorize the Mayor to enter into the sub-award agreement with Skagit Fisheries Enhancement Group (SFEG) which will provide funding from a Recreation and Conservation Office (RCO) grant agreement for engineering and design services for the Carpenter Creek/Hickox Road Fish Passage Improvement Project. INTRODUCTION/BACKGROUND: David Evans and Associates (DEA) is under contract to provide engineering and technical services for a culvert replacement project at the East Hickox Road crossing of Carpenter Creek. The initial scope of work consists of a 30% design effort in the amount not to exceed $188,446. The existing culvert is a 155 foot long, 10-foot diameter round corrugated metal culvert embedded in approximately 26 feet of fill. The intent is to replace the culvert with an appropriately sized, modern fish passable culvert at Hickox Road in its existing location. FINDINGS/CONCLUSIONS: SFEG has obtained an RCO Grant to complete the 30% design effort and has agreed to compensate the city for eligible work in an amount not to exceed $173,500. The remaining $14,946 will be funded out of the Surface Water Utility. In addition, with 30% of the design funded, the city and SFEG staff have applied for additional funding sources. Design and construction work beyond the 30% design will require a sub-award agreement amendment and be funded through additional grants and the Surface Water Utility. RECOMMENDATION: A motion from Council authorizing the Mayor to enter into the sub-award agreement with Skagit Fisheries Enhancement Group which will provide funding for the engineering and design services needed for the Carpenter Creek/Hickox Road Fish Passage Improvement Project. ATTACHED:  Sub-Award Agreement SFEG-2024-03  RCO Grant Agreement 21-1391P  NEW BUSINESS ITEM: E DATE: April 10, 2024 TO: Mayor Donovan and City Council FROM: Kevin Rogerson, City Attorney SUBJECT: ORDINANCE RELATING TO CODE ENFORCEMENT RECOMMENDED ACTION: Approval INTRODUCTION/BACKGROUND: The City of Mount Vernon is a ‘code city’ deriving its authority through Title 35A RCW. Such authority confers on the city the greatest powers granted to any city including but not limited to the powers of home rule which provide in general: (1) broadest powers of local self-government, (2) a judicial rule of liberal construction of code city powers, (3) freedom from the limiting doctrine of ejusdem generis, and (4) a grant of “omnibus authority. Such authority includes the authority establish and enforce regulations and fines in your municipal code not in conflict with state or federal law including but not limited to parking. Mount Vernon is further organized as a non-charter strong Mayor-Council plan of government pursuant to Chapter 35A.12 RCW. State law under a Mayor-Council plan grants authority to the Office of the Mayor as the chief executive and administrative officer of the City. This authority further explicitly includes authority of appointment and designation of employees and authority to see “all laws and ordinances are faithfully enforced and that law and order is maintained in the city, and shall have general supervision of the administration of city government and all city interest” pursuant to RCW 35A.12.100; and The proposed ordinance makes findings regarding the Mayor’s administrative powers, re- establishes and re-affirms in the City’s code through the proposed amendments that the Office of the Mayor’s authority necessarily includes authority to appoint and commission city officials to enforce and prosecute city ordinances including but not limited to the City’s parking officer currently located within the City’s Planning Department and that it is in the best interests of the City to amend its municipal code to reflect the existence of such authority. FINDINGS/CONCLUSIONS: Adoption RECOMMENDATION: Approval ATTACHED: Ordinance