city council regular meeting agenda city council regular meeti… · 28/07/2020 · 1. proposed...

CITY COUNCIL REGULAR MEETING AGENDA www.covingtonwa.gov

Tuesday, July 28, 2020 Virtually/Telephonically 7:00 p.m. via Zoom Platform

This City Council Regular Meeting will both be held telephonically and virtually to comply with Governor Inslee’s Proclamation 20-28 (as amended and extended), which, among other things, suspended various requirements under the Open Public Meetings Act, Chapter 42.30 RCW, and prohibited public agencies from conducting meetings in person through August 1, 2020. The City Council Regular Meeting will be held telephonically and virtually as follows:

Join Online: https://us02web.zoom.us/j/83603632509?pwd=aTg4aVpBT2VFNjhKKzN3UWhPckFYZz09 Password: Covington Join by Telephone: 253-215-8782 Webinar ID: 836 0363 2509 Password: 899512578 CALL CITY COUNCIL REGULAR MEETING TO ORDER ROLL CALL/PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA PUBLIC COMMUNICATION - NONE PUBLIC COMMENT Speakers will state their name, address, and organization. Comments are directed to the City Council, not the audience or staff. Comments are not intended for conversation or debate and are limited to no more than four minutes per speaker. Speakers may request additional time on a future agenda as time allows. NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. EXECUTIVE SESSION

• To Evaluate the Qualifications of Applicants for Public Employment Pursuant to RCW 42.30.110(1)(g) APPROVE CONSENT AGENDA C-1. Minutes: July 14, 2020 Special (Interviews) & Regular Meeting Minutes (Michaud) C-2. Vouchers (Parker) C-3. Consider Ordinance Repealing Covington Municipal Code Chapter 2.70, Arts Commission; and

Consider Resolution Reinstating the Arts Commission with New Membership Rules (Bolli) C-4. Consider Ordinance Repealing Covington Municipal Code Chapter 2.40, Human Services

Commission; and Consider Resolution Reinstating the Human Services Commission with New Membership Rules (Bolli)

http://www.covingtonwa.gov/https://us02web.zoom.us/j/83603632509?pwd=aTg4aVpBT2VFNjhKKzN3UWhPckFYZz09

C-5. Consider Ordinance Repealing Covington Municipal Code Chapter 2.45, Parks & Recreation Commission; and Consider Resolution Reinstating the Parks & Recreation Commission with New Membership Rules (Bolli)

C-6. Consider Resolution Amending Youth Council Terms to End Upon Graduation from High School (Bolli) C-7. Authorize City Manager to Execute an Amendment to a Consultant Services Agreement with BERK

Consulting for On-Call Planning Support Services (Estep) C-8. Ratify City Manager’s Signature to Execute Amendment No. 2 to a Public Works Agreement for

Construction Services to Install Security Fencing at the former Covington Elementary School for Temporary Use as COVID-19 Testing Facility and Emergency Operations Center (McCurdy)

REPORTS OF COMMISSIONS • Arts Commission • Economic Development Council • Human Services Commission • Parks & Recreation Commission • Planning Commission • Youth Council

NEW BUSINESS 1. Consider Appointment to Fill Vacancy on Council Position No. 6 (Council) 2. Consider Council Appointment to Sound Cities Association Public Issues Committee (Council) 3. Discuss Republic Services Rates Increase Request (Vondran) FUTURE AGENDA ITEMS COUNCIL/STAFF COMMENTS PUBLIC COMMENT See guidelines above in first public comment section ADJOURN Americans with Disabilities Act – reasonable accommodations provided upon request a minimum of 24 hours in advance (253-480-2400).

Consent Agenda Item C-1 Covington City Council Meeting

Date: July 28, 2020 SUBJECT: APPROVAL OF MINUTES: JULY 14, 2020 CITY COUNCIL SPECIAL

(INTERVIEWS) & REGULAR MEETING MINUTES RECOMMENDED BY: Joan Michaud, City Clerk ATTACHMENT(S): Proposed Minutes. PREPARED BY: Joan Michaud, City Clerk CITY COUNCIL ACTION: Ordinance _____ Resolution X Motion Other Councilmember _________ moves, Councilmember __________

seconds, to approve the July 14, 2020 City Council Special (Interviews) & Regular Meeting Minutes.

1 of 87

Unapproved Draft: July 14, 2020 City Council Special (Interviews) & Regular Meeting Minutes Submitted for Approval: July 28, 2020

1

City of Covington Special & Regular City Council Meeting Minutes

Tuesday, July 14, 2020 NOTE: This City Council meeting was held telephonically and virtually to comply with Governor Inslee’s Proclamation 20-28 (as amended and extended), which, among other things, suspended various requirements under the Open Public Meetings Act, Chapter 42.30 RCW, and prohibited public agencies from conducting meetings in person through August 1, 2020.

INTERVIEW: The Council conducted interviews for the Covington Economic Development Council from 6:40 to 7:00 p.m. Applicants interviewed: Kalen Privatsky and Laura Roth. The Regular Meeting of the City Council of the City of Covington was called to order Tuesday, July 14, 2020, at 7:00 p.m., with Mayor Wagner presiding. COUNCILMEMBERS PRESENT: Jeff Wagner, Joe Cimaomo, Jennifer Harjehausen, Jared Koukal, Kristina Soltys, and Sean Smith. STAFF PRESENT: Regan Bolli, City Manager; Andrew McCurdy, Covington Police Chief; Ethan Newton, Parks & Recreation Director; Don Vondran, Public Works Director; Gina Estep, Community Development Director; Casey Parker, Finance Director; Mark Orthmann, City Attorney; Mayson Morrissey, Information Technology Manager (in person); and Krista Bates, Executive Assistant/Deputy City Clerk. All attendees present via Zoom except as noted. Mayor Wagner opened the meeting with the Pledge of Allegiance. APPROVAL OF AGENDA: The agenda was approved as presented. PUBLIC COMMENT: Mayor Wagner called for public comments from the public attending via Zoom. There being no comments, Mayor Wagner closed the public comment period. APPROVE CONSENT AGENDA: C-1. Minutes: June 23, 2020 City Council Special (Interviews) & Regular Meeting Minutes.

C-2. Vouchers: Vouchers #41065 - #41107, including ACH payments in the amount of

$455,716.93, dated June 19, 2020; Vouchers #41108 - #41142, including ACH payments in the amount of $2,174,146.46, dated July 3, 2020; and Paylocity Payroll Voucher #1012331584 and #1012331586, plus employee direct deposits and wire transfers, in the amount of $168,270.69, dated June 26, 2020.

2 of 87


2

C-3. Authorize City Manager to Execute a Washington State Department of Commerce Interagency Agreement for Coronavirus Relief Funds for Local Governments.

The consent agenda was approved as presented. PUBLIC HEARING: 1. To Receive Public Testimony Regarding Interim Zoning Regulations. Community Development Director Gina Estep gave the staff report on this item. Mayor Wagner called for public comments for the public hearing from the public attending via Zoom. There being no comments, Mayor Wagner closed the public comment period for the public hearing. Councilmembers provided comments and asked questions, and Ms. Estep provided responses. NEW BUSINESS: 2. Consider Appointments to Covington Economic Development Council. Council Action: Councilmember Koukal moved and Mayor Pro Tem Smith seconded to appoint Kalen Privatsky to fill a position on the Covington Economic Development Council with a term expiring July 31, 2022. Vote: 6-0. Motion carried. Council Action: Councilmember Soltys moved and Councilmember Harjehausen seconded to appoint Laura Roth to fill a position on the Covington Economic Development Council with a term expiring July 31, 2022. Vote: 6-0. Motion carried. 3. Review 2020 Summit Action Items List. City Manager Regan Bolli gave the staff report on this item. Councilmembers provided comments and asked questions, and Mr. Vondran and Mr. Bolli provided responses. 4. Consider Resolution to Adopt the Hazard Mitigation Plan Annex. Emergency Manager Program Manager Andy Jenkins gave the staff report on this item. Councilmembers provided comments and asked questions, and Mr. Jenkins provided responses.

3 of 87


3

RESOLUTION NO. 2020-13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINGTON, WASHINGTON, AUTHORIZING THE ADOPTION OF THE CITY OF COVINGTON HAZARD MITIGATION PLAN ANNEX.

Council Action: Councilmember Koukal moved and Mayor Pro Tem Smith seconded to pass Resolution No. 2020-13 adopting the City of Covington Hazard Mitigation Plan Annex. Vote: 6-0. Motion carried. 5. Discuss Options for Establishing a Commission to Address Diversity, Equity, and Social Justice Issues. City Manager Regan Bolli gave the staff report on this item. Councilmembers provided comments and asked questions, and Mr. Bolli, Ms. Parker, and Ms. Bates provided responses. There was Council consensus to invite Preeti Shridhar, Deputy Public Affairs Administrator from the City of Renton, to a Council Study Session on July 28 to speak regarding Renton’s efforts in establishing the Renton’s Mayor’s Inclusion Task Force to provide guidance on creating a commission related to equity and social justice. 6. Discuss Opportunities for Racial Equity/Bias Trainings and Workshops for City Council and City Staff. City Manager Regan Bolli gave the staff report on this item. Councilmembers provided comments and asked questions, and Mr. Bolli and Ms. Bates provided responses. Council Action: Councilmember Koukal moved and Councilmember Soltys seconded to approve racial equity/bias training and workshop Option No. 4 from the alternatives listed in the agenda packet: Recorded Webinars – Four-Part Series and direct the city manager to organize these mandatory trainings and workshops for full time staff and city councilmembers and with part-time staff and commissioners on a voluntary basis. Vote: 6-0. Motion carried. FUTURE AGENDA ITEMS: Councilmembers reviewed future agenda items. COUNCIL/STAFF COMMENTS: Councilmembers and staff made comments.

4 of 87


4

PUBLIC COMMENT: Mayor Wagner called for public comments from the public attending via Zoom. The following person provided public comments: Elizabeth Porter. There being no further comments, Mayor Wagner closed the public comment period. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:52 p.m. __________________________________ Joan Michaud City Clerk

5 of 87

Consent Agenda Item C-2 Covington City Council Meeting Date: July 28, 2020 SUBJECT: APPROVAL OF VOUCHERS RECOMMENDED BY: Casey Parker, Finance Director ATTACHMENT(S): (Provided under separate cover.) Vouchers: Vouchers #41143 - #41185, including ACH payments in the amount of $374,507.54, dated July 17, 2020; and Paylocity Payroll Voucher #1012386102, plus employee direct deposits and wire transfers, in the amount of $174,451.36, dated July 10, 2020. PREPARED BY: Casey Parker, Finance Director CITY COUNCIL ACTION: Ordinance _____ Resolution X Motion Other

Councilmember __________ moves, Councilmember ____________ seconds, to approve for payment Vouchers: Vouchers #41143 - #41185, including ACH payments in the amount of $374,507.54, dated July 17, 2020; and Paylocity Payroll Voucher #1012386102, plus employee direct deposits and wire transfers, in the amount of $174,451.36, dated July 10, 2020.

6 of 87

Consent Agenda Item C-3 Covington City Council Date: July 28, 2020 SUBJECT: CONSIDER ORDINANCE REPEALING COVINGTON MUNICIPAL CODE

CHAPTER 2.70, ARTS COMMISSION; AND CONSIDER RESOLUTION REINSTATING THE ARTS COMMISSION WITH NEW MEMBERSHIP RULES

RECOMMENDED BY: Regan Bolli, City Manager ATTACHMENT(S): 1. Proposed Ordinance Repealing Covington Municipal Code Chapter 2.70, Arts Commission 2. Proposed Resolution Reinstating the Arts Commission with New Membership Rules PREPARED BY: Joan Michaud, City Clerk EXPLANATION: At the January 25, 2020, City Council Summit, council discussed various issues related to the city’s advisory commissions. For example, there was consensus of the council to remove the requirement that one or two youth representatives serve on commissions and give the same considerations of youth applications as to adult applications. At the Summit there was also consensus to no longer make any distinctions between commission members who live within the city or within three miles of its boundaries. With that in mind, staff is taking this opportunity to simplify the process for amending commission rules and to create consistency between the various advisory bodies. State statutes authorize a number of advisory bodies for local government, but the statutes generally do not specify how the body is to be created. There are exceptions. The board of adjustment in a code city, the board of adjustment in a county, and a planning commission in a code city, are required to be created by ordinance. No uniform methodology has been adopted among Washington local governments for the creation of boards and commissions. Some legislative bodies create their permanent or standing advisory bodies by ordinance, others do it by resolution or a motion of the council. Per City Council Policies and Procedures adopted by Resolution No. 2018-03 on March 13, 2018, 8.1.1, the city council may establish advisory bodies (including, but not limited to commissions, committees, boards, and tasks forces) by resolution or, if required by state statute, ordinance. The enacting resolution (or ordinance) will set forth the size of each advisory body, which will be related to its duties and responsibilities; the term of its members; a statement of its purpose and functions; and timelines, if relevant to the scope of work. It is staff’s recommendation to repeal CMC 2.70, Arts Commission and reinstate the arts commission by resolution including making the amendments to the commission that council agreed upon at the January 25, 2020 Summit. By establishing advisory bodies by resolution, the city realizes a cost savings at the time of creation of the advisory bodies and realizes a cost savings in the future if amendments to the commission are needed. Creating and amending ordinances

7 of 87

requires code codification and newspaper publication expenses. All current arts commission members will continue to serve their terms on the reinstated arts commission. ALTERNATIVES: 1. Do not repeal Chapter 2.70 CMC, Arts Commission, and continue make the amendments to

the commission by ordinance. FISCAL IMPACT: There would be a positive fiscal impact with a savings to budget items for newspaper publication and code codification. CITY COUNCIL ACTION: Ordinance Resolution X Motion Other

Councilmember moves, and Councilmember seconds, to approve an ordinance repealing Chapter 2.70 of the Covington Municipal Code, Arts Commission, and to pass a resolution reinstating the Arts Commission with new rules.

REVIEWED BY: City Manager, City Attorney

8 of 87

ORDINANCE NO. 09-2020

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINGTON, KING COUNTY, WASHINGTON REPEALING COVINGTON MUNICIPAL CODE CHAPTER 2.70, ARTS COMMISSION; ADOPTING FINDINGS OF FACT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.

WHEREAS, Ordinance No. 20-02 established Chapter 2.70 of the Covington Municipal Code (“CMC”), Arts Commission, on August 13, 2002; and

WHEREAS, Ordinance No. 03-05 amended Chapter 2.70 CMC on February 8, 2005; and

WHEREAS, Ordinance No. 16-06 further amended Chapter 2.70 CMC on November 14, 2006; and

WHEREAS, Ordinance No. 11-10 further amended Chapter 2.70 CMC on October 12, 2010; and

WHEREAS, Ordinance No. 09-14 further amended Chapter 2.70 CMC on June 24, 2014; and

WHEREAS, at the City Council Summit on January 25, 2020, the city council agreed to no longer make any distinctions between commission members who live within the city or within three miles of its boundaries; and

WHEREAS, RCW 35A.13.080 is silent on how the city council may appoint citizen commissions and the city council has determined that it would be more efficient to repeal Chapter 2.70 CMC and reestablish the arts commission and its governing rules by resolution; and

WHEREAS, with the concurrent adoption of Resolution No. 2020-14, all current members of the City of Covington Arts Commission will retain their positions and will continue to serve until their terms expire;

NOW, THEREFORE, the City Council of the City of Covington, Washington, do ordain as follows:

Section 1. Findings of Fact. The recitals set forth above are hereby adopted as the city council’s findings of fact.

Section 2. Repeal. Chapter 2.70 CMC is hereby repealed in its entirety.

Section 3. Concurrent Adoption; Continuation; Effective Date; This ordinance is being adopted concurrently with the passage of Resolution No. 2020-14, which will reestablish the Arts Commission. All current members of the Arts Commission shall retain their positions and will continue to serve in their positions pursuant to the terms of Resolution No. 2020-14. Furthermore, all previous policies and procedures, functions, and work of the Arts Commission

ATTACHMENT 1

9 of 87

shall remain in place under the terms of Resolution No. 2020-14. Resolution No. 2020-14 shall go into effect concurrently with the effective date of this ordinance. Section 3. Severability. If any section, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or situation. The City Council of the City of Covington hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. Corrections. Upon the approval of the City Attorney, the City Clerk and the codifiers of this ordinance are authorized to make any necessary corrections to this ordinance including, but not limited to, the correction of scrivener’s/clerical errors, references, ordinance numbering, section/subsection numbers, and any reference thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance is adopted concurrently with Resolution No. 2020-14 and shall be in full effect five (5) days after passage and publication, as provided by law. A summary of this ordinance may be published in lieu of publishing the ordinance in its entirety.

Passed by the City Council of the City of Covington this 28th day of July 2020. Signed in authentication of its passage this ___ day of _____________, 2020.

Jeff Wagner, Mayor EFFECTIVE: August 5, 2020 PUBLISHED: July 31, 2020

AUTHENTICATED: Joan Michaud, City Clerk APPROVED AS TO FORM: Mark Orthmann, City Attorney

10 of 87


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINGTON, WASHINGTON, REINSTATING THE ARTS COMMISSION

WHEREAS, Chapter 2.70 of the Covington Municipal Code (“CMC”), Arts Commission, was repealed at the July 28, 2020 city council regular meeting pursuant to Ordinance No. 09-2020; and

WHEREAS, it is desirable to continue to have a Covington Arts Commission; and

WHEREAS, at the City Council Summit on January 25, 2020, council agreed to no longer make any distinctions between commission members who live within the city or within three miles of its boundaries; and

WHEREAS, RCW 35A.13.080 is silent on how the city council may appoint citizen commissions and the city council has determined that it is more efficient reestablish the arts commission and its governing rules by resolution; and

WHEREAS, with the concurrent adoption of Ordinance No. 09-2020, which repealed Chapter 2.70 CMC, Arts Commission, all current members of the City of Covington Arts Commission will retain their positions and will continue to serve until their terms expire;

NOW THEREFORE, the City Council of the City of Covington, King County, Washington, resolves as follows:

Section 1. Creation of Commission. The Arts Commission is hereby created as set forth in Exhibit A.

Section 2. Concurrent Adoption; Continuation; Effective Date. This resolution is being adopted concurrently with the passage of Ordinance No. 09-2020, which repealed Chapter 2.70 CMC. All current members of the Arts Commission established under repealed Chapter 2.70CMC, shall retain their positions and will continue to serve in their positions pursuant to the termsof this resolution. Furthermore, all previous policies and procedures, functions, and work of theArts Commission shall remain in place under the terms of this resolution. This resolution shall gointo effect concurrently with the effective date of Ordinance No. 09-2020.

Section 3. Severability. If any section, paragraph, sentence, clause, or phrase of this resolution, or its application to any person or situation, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this resolution or its application to other persons or situation. The City Council of the City of Covington hereby declares that it would have adopted this resolution and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or

ATTACHMENT 2

11 of 87

more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

Section 4. Corrections. Upon the approval of the City Attorney, the City Clerk and the codifiers of this resolution are authorized to make any necessary corrections to this resolution including, but not limited to, the correction of scrivener’s/clerical errors, references, resolution numbering, section/subsection numbers, and any reference thereto.

Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed.

Section 6. Effective Date. This resolution is adopted concurrently with Ordinance No. 09-2020 and shall be effective upon the effective date of Ordinance No. 09-2020, August 5, 2020.

Passed by the City Council of the City of Covington this 28th day of July 2020.

Signed in authentication of its passage this ___ day of ___________, 2020.

_____________________________________ Jeff Wagner, Mayor

AUTHENTICATED:

_____________________________________ Joan Michaud, City Clerk

APPROVED AS TO FORM:

_____________________________________ Mark Orthmann, City Attorney

12 of 87

EXHIBIT A

ARTS COMMISSION

1. Created. The Arts Commission (“Commission”) is hereby created and shall serve in anadvisory capacity to the City Council.

2. Definition. “Art” or “arts” includes, but is not limited to, all graphic and visual arts,performing skills, and crafts.

3. Membership and Residence Requirements. The Commission shall consist of sevenmembers appointed by the City Council. Members must live within the City limits orwithin a three-mile radius of the City limits.

4. Term of Office. Each position shall have a term of office for three years. Terms shallcommence on June 1 and expire on May 31 of the respective years. If a member is notappointed for a new term on June 1, the incumbent member may continue to serve inthat position until such later date when a member is appointed for a new term. When avacancy occurs on the Commission, the replacement member shall be appointed onlythe for the remainder of the unexpired term.

5. Removal. Commission members may be removed by the City Council at any timepursuant to the Covington City Council Policies and Procedures, as amended from timeto time.

6. Organization and Meetings. The Commission shall adopt Policies and Procedures. TheCity Manager shall appoint staff to provide assistance to the commission as availableand permitted by the budget. The commission shall meet one time per month and uponcall of the chairperson, as necessary.

7. Responsibilities. The Commission shall act in an advisory capacity to the City Council.To that end, the commission shall study, analyze and report as requested by the CityCouncil and may perform the following functions in order to provide leadership in thearts:

7.1 Keep the City Council informed in matters of art, and represent community interest in matters of art;

7.2 Serve as the central commission to whom individuals and groups may bring their concerns and ideas regarding the arts;

7.3 Seek to enlarge the art consciousness of Covington;

7.4 Encourage multi-age working, sharing, learning, and teaching in the arts;

13 of 87

7.5 Provide recognition and encouragement to local artists, both those established and those yet unrecognized;

7.6 Explore financing for acquisition of art objects, art activities, and capital improvements for the arts in Covington;

7.7 Establish a long-range plan for the development and operation of a cultural center;

7.8 Preparation of a public involvement program that solicits volunteer support and encourages public participation in the implementation and operation of Covington’s comprehensive arts program;

7.9 Develop, implement, and review a comprehensive community arts program and annual work plan;

7.10 Present monthly Commission meeting reports to the City Council at the first regular City Council meeting following the regular monthly Commission meeting;

7.11 Review the suitability of any work of art intended as a gift to the City;

7.12 Such other and further responsibilities as may be assigned to the Commission by the City Council, from time to time.

14 of 87


CHAPTER 2.40, HUMAN SERVICES COMMISSION; AND CONSIDER RESOLUTION REINSTATING THE HUMAN SERVICES COMMISSION WITH NEW MEMBERSHIP RULES

RECOMMENDED BY: Regan Bolli, City Manager ATTACHMENT(S): 1. Proposed Ordinance Repealing Covington Municipal Code Chapter 2.40, Human Services

Commission 2. Proposed Resolution Reinstating the Human Services Commission with New Membership

Rules PREPARED BY: Joan Michaud, City Clerk EXPLANATION: At the January 25, 2020, City Council Summit, council discussed various issues related to the city’s advisory commissions. For example, there was consensus of the council to remove the requirement that one or two youth representatives serve on commissions and give the same considerations of youth applications as to adult applications. At the Summit there was also consensus to no longer make any distinctions between commission members who live within the city or within three miles of its boundaries. With that in mind, staff is taking this opportunity to simplify the process for amending commission rules and to create consistency between the various advisory bodies. State statutes authorize a number of advisory bodies for local government, but the statutes generally do not specify how the body is to be created. There are exceptions. The board of adjustment in a code city, the board of adjustment in a county, and a planning commission in a code city, are required to be created by ordinance. No uniform methodology has been adopted among Washington local governments for the creation of boards and commissions. Some legislative bodies create their permanent or standing advisory bodies by ordinance, others do it by resolution or a motion of the council. Per City Council Policies and Procedures adopted by Resolution No. 2018-03 on March 13, 2018, 8.1.1, the city council may establish advisory bodies (including, but not limited to commissions, committees, boards, and tasks forces) by resolution or, if required by state statute, ordinance. The enacting resolution (or ordinance) will set forth the size of each advisory body, which will be related to its duties and responsibilities; the term of its members; a statement of its purpose and functions; and timelines, if relevant to the scope of work. It is staff’s recommendation to repeal CMC 2.40, Human Services Commission and reinstate the human services commission by resolution including making the amendments to the commission

15 of 87

that council agreed upon at the January 25, 2020 Summit. By establishing advisory bodies by resolution, the city realizes a cost savings at the time of creation of the advisory bodies and realizes a cost savings in the future if amendments to the commission are needed. Creating and amending ordinances requires code codification and newspaper publication expenses. All current human service commission members will continue to serve their terms on the reinstated human services commission. ALTERNATIVES: 1. Do not repeal Chapter 2.40 CMC, Human Services Commission, and continue make the

amendments to the commission by ordinance. FISCAL IMPACT: There would be a positive fiscal impact with a savings to budget items for newspaper publication and code codification. CITY COUNCIL ACTION: Ordinance Resolution X Motion Other

Councilmember moves, and Councilmember seconds, to approve an ordinance repealing Chapter 2.40 of the Covington Municipal Code, Human Services Commission and to pass a resolution reinstating the Human Services Commission with new rules.


16 of 87


AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINGTON, KING COUNTY, WASHINGTON REPEALING COVINGTON MUNICIPAL CODE CHAPTER 2.40, HUMAN SERVICES COMMISSION; ADOPTING FINDINGS OF FACT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.

WHEREAS, Ordinance No. 22-02 established Chapter 2.40 of the Covington Municipal Code (“CMC”), Youth and Family Services Commission, on August 13, 2002, which is now known as the Human Services Commission; and

WHEREAS, Ordinance No. 04-05 amended Chapter 2.40 CMC on February 8, 2005; and





WHEREAS, RCW 35A.13.080 is silent on how the city council may appoint citizen commissions and the city council has determined that it would be more efficient to repeal Chapter 2.40 CMC and reestablish the human services commission and its governing rules by resolution; and

WHEREAS, with the concurrent adoption of Resolution No. 2020-15, all current members of the City of Covington Human Services Commission will retain their positions and will continue to serve until their terms expire;




Section 3. Concurrent Adoption; Continuation; Effective Date; This ordinance is being adopted concurrently with the passage of Resolution No. 2020-15, which will reestablish the Human Services Commission. All current members of the Human Services Commission shall retain their positions and will continue to serve in their positions pursuant to the terms of

ATTACHMENT 1

17 of 87

Resolution No. 2020-15. Furthermore, all previous policies and procedures, functions, and work of the Human Services Commission shall remain in place under the terms of Resolution No. 2020-15. Resolution No. 2020-15 shall go into effect concurrently with the effective date of this ordinance. Section 3. Severability. If any section, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or situation. The City Council of the City of Covington hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. Corrections. Upon the approval of the City Attorney, the City Clerk and the codifiers of this ordinance are authorized to make any necessary corrections to this ordinance including, but not limited to, the correction of scrivener’s/clerical errors, references, ordinance numbering, section/subsection numbers, and any reference thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance is adopted concurrently with Resolution No. 2020-15, and shall be in full effect five (5) days after passage and publication, as provided by law. A summary of this ordinance may be published in lieu of publishing the ordinance in its entirety.




18 of 87

RESOLUTION NO. 2020-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINGTON, WASHINGTON, REINSTATING THE HUMAN SERVICES COMMISSION.

WHEREAS, Chapter 2.40 of the Covington Municipal Code (“CMC”), Human Services Commission, was repealed at the July 28, 2020 city council regular meeting pursuant to Ordinance No. 10-2020; and

WHEREAS, it is desirable to continue to have a Covington Human Services Commission; and


WHEREAS, RCW 35A.13.080 is silent on how the city council may appoint citizen commissions and the city council has determined that it is more efficient reestablish the human services commission and its governing rules by resolution; and

WHEREAS, with the concurrent adoption of Ordinance No. 10-2020, which repealed Chapter 2.40 CMC, Human Services Commission, all current members of the City of Covington Human Services Commission will retain their positions and will continue to serve until their terms expire;


Section 1. Creation of Commission. The Human Services Commission is hereby created as set forth in Exhibit A.

Section 2. Concurrent Adoption; Continuation; Effective Date. This resolution is being adopted concurrently with the passage of Ordinance No. 10-2020, which repealed Chapter 2.40 CMC. All current members of the Human Services Commission established under repealedChapter 2.40 CMC, shall retain their positions and will continue to serve in their positions pursuantto the terms of this resolution. Furthermore, all previous policies and procedures, functions, andwork of the Human Services Commission shall remain in place under the terms of this resolution.This resolution shall go into effect concurrently with the effective date of Ordinance No. 10-2020.

Section 3. Severability. If any section, paragraph, sentence, clause, or phrase of this resolution, or its application to any person or situation, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this resolution or its application to other persons or situation. The City Council of the City of Covington hereby declares that it would have adopted this resolution and each section,

ATTACHMENT 2

19 of 87

subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

Section 4. Corrections. Upon the approval of the City Attorney, the City Clerk and the

codifiers of this resolution are authorized to make any necessary corrections to this resolution including, but not limited to, the correction of scrivener’s/clerical errors, references, resolution numbering, section/subsection numbers, and any reference thereto.

Section 5. Ratification. Any act consistent with the authority and prior to the effective date

of this resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution is adopted concurrently with Ordinance No. 10-

2020 and shall be effective upon the effective date of Ordinance No. 10-2020, August 5, 2020.

Passed by the City Council of the City of Covington this 28TH day of July 2020. Signed in authentication of its passage this ___ day of ___________, 2020.


AUTHENTICATED: _____________________________________ Joan Michaud, City Clerk APPROVED AS TO FORM: _____________________________________ Mark Orthmann, City Attorney

20 of 87

EXHIBIT A

HUMAN SERVICES COMMISSION

1. Created. The Human Services Commission (“Commission”) is hereby created and shall

serve in an advisory capacity to the City Council.

2. Membership and Residence Requirements. The Commission shall consist of seven members appointed by the City Council. Members must live within the City limits or within a three-mile radius of the City limits.

3. Term of Office. Each position shall have a term of office for three years. Terms shall

commence on April 1 and expire on March 31 of the respective years. If a member is not appointed for a new term on April 1, the incumbent member may continue to serve in that position until such later date when a member is appointed for a new term. When a vacancy occurs on the Commission, the replacement member shall be appointed only the for the remainder of the unexpired term.

4. Removal. Commission members may be removed by the City Council at any time

pursuant to the Covington City Council Policies and Procedures, as amended from time to time.

5. Organization and Meetings. The Commission shall adopt Policies and Procedures. The

City Manager shall appoint staff to provide assistance to the commission as available and permitted by the budget. The commission shall meet one time per month and upon call of the chairperson, as necessary.

6. Responsibilities. The Commission shall act in an advisory capacity to the City Council.

To that end, the commission shall make reports and recommendations to the City Council concerning issues relating to youth and families within the community including:

6.1 Assess human service needs within the City on a continuing basis; 6.2 Determine priorities for human service needs within the City; 6.3 Evaluate and make recommendations on funding requests submitted to the City; 6.4 Support the development of programs to assist the youth and families within the City; 6.5 Evaluate and review the program performance of individual human service organizations and agencies that are funded by the City of Covington;

21 of 87

6.6 Review City actions that may affect the availability and quality of human services within the City; 6.7 Coordinate with human services planning organizations, human services agencies, and other groups within the region; 6.8 Assess the recreational needs of youth and families within the City, in cooperation with other City commissions; 6.9 Search for and evaluate potential support resources for the City in furtherance of the stated goals and responsibilities herein; 6.10 The Human Services Commission shall provide periodic reports to the City Council setting forth its progress in completing its work program for the current fiscal year. The chairperson of the Human Services Commission or designee is encouraged to regularly present updates to the City Council at the first regular City Council meeting or study session after each Human Services Commission meeting.

22 of 87


CHAPTER 2.45, PARKS AND RECREATION COMMISSION; AND CONSIDER RESOLUTION REINSTATING THE PARKS AND RECREATION COMMISSION WITH NEW MEMBERSHIP RULES

RECOMMENDED BY: Regan Bolli, City Manager ATTACHMENT(S): 1. Proposed Ordinance Repealing Covington Municipal Code Chapter 2.45, Parks and

Recreation Commission 2. Proposed Resolution Reinstating the Parks and Recreation Commission with New

Membership Rules PREPARED BY: Joan Michaud, City Clerk EXPLANATION: At the January 25, 2020, City Council Summit, council discussed various issues related to the city’s advisory commissions. For example, there was consensus of the council to remove the requirement that one or two youth representatives serve on commissions and give the same considerations of youth applications as to adult applications. At the Summit there was also consensus to no longer make any distinctions between commission members who live within the city or within three miles of its boundaries. With that in mind, staff is taking this opportunity to simplify the process for amending commission rules and to create consistency between the various advisory bodies. State statutes authorize a number of advisory bodies for local government, but the statutes generally do not specify how the body is to be created. There are exceptions. The board of adjustment in a code city, the board of adjustment in a county, and a planning commission in a code city, are required to be created by ordinance. No uniform methodology has been adopted among Washington local governments for the creation of boards and commissions. Some legislative bodies create their permanent or standing advisory bodies by ordinance, others do it by resolution or a motion of the council. Per City Council Policies and Procedures adopted by Resolution No. 2018-03 on March 13, 2018, 8.1.1, the city council may establish advisory bodies (including, but not limited to commissions, committees, boards, and tasks forces) by resolution or, if required by state statute, ordinance. The enacting resolution (or ordinance) will set forth the size of each advisory body, which will be related to its duties and responsibilities; the term of its members; a statement of its purpose and functions; and timelines, if relevant to the scope of work. It is staff’s recommendation to repeal CMC 2.45, Parks and Recreation Commission and reinstate the Parks and Recreation Commission by resolution including making the amendments to the

23 of 87

commission that council agreed upon at the January 25, 2020 Summit. By establishing advisory bodies by resolution, the city realizes a cost savings at the time of creation of the advisory bodies and realizes a cost savings in the future if amendments to the commission are needed. Creating and amending ordinances requires code codification and newspaper publication expenses. All current Parks and Recreation Commission members will continue to serve their terms on the reinstated Parks and Recreation Commission. ALTERNATIVES: 1. Do not repeal Chapter 2.45 CMC, Parks and Recreation Commission, and continue make the

amendments to the commission by ordinance. FISCAL IMPACT: There would be a positive fiscal impact with a savings to budget items for newspaper publication and code codification. CITY COUNCIL ACTION: Ordinance Resolution X Motion Other

Councilmember moves, and Councilmember seconds, to approve an ordinance repealing Chapter 2.45 of the Covington Municipal Code, Parks and Recreation Commission and to pass a resolution reinstating the Parks and Recreation Commission with new rules.


24 of 87


AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINGTON, KING COUNTY, WASHINGTON REPEALING COVINGTON MUNICIPAL CODE CHAPTER 2.45, PARKS AND RECREATION COMMISSION; ADOPTING FINDINGS OF FACT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.

WHEREAS, Ordinance No. 02-01 established Chapter 2.45 of the Covington Municipal Code (“CMC”), Parks Commission, on April 3, 2001; which is now known as the Parks and Recreation Commission; and

WHEREAS, Ordinance No. 06-02 amended Chapter 2.45 CMC on March 19, 2002; and

WHEREAS, Ordinance No. 21-02 further amended Chapter 2.45 CMC on August 13, 2002; and


WHEREAS, Ordinance No. 02-05 further amended Chapter 2.45 CMC on February 8, 2005; and


WHEREAS, Ordinance No. 12-10 further amended Chapter 2.45 CMC on December 10, 2010; and



WHEREAS, RCW 35A.13.080 is silent on how the city council may appoint citizen commissions and the city council has determined that it would be more efficient to repeal Chapter 2.45 CMC and reestablish the parks and recreation commission and its governing rules by resolution; and

WHEREAS, with the concurrent adoption of Resolution No. 2020-16, all current members of the City of Covington Parks and Recreation Commission will retain their positions and will continue to serve until their terms expire;



ATTACHMENT 1

25 of 87


Section 3. Concurrent Adoption; Continuation; Effective Date; This ordinance is being adopted concurrently with the passage of Resolution No. 2020-16, which will reestablish the Parks and Recreation Commission. All current members of the Parks and Recreation Commission shall retain their positions and will continue to serve in their positions pursuant to the terms of Resolution No. 2020-16. Furthermore, all previous policies and procedures, functions, and work of the Parks and Recreation Commission shall remain in place under the terms of Resolution No. 2020-16. Resolution No. 2020-16 shall go into effect concurrently with the effective date of this ordinance. Section 3. Severability. If any section, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or situation. The City Council of the City of Covington hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. Corrections. Upon the approval of the City Attorney, the City Clerk and the codifiers of this ordinance are authorized to make any necessary corrections to this ordinance including, but not limited to, the correction of scrivener’s/clerical errors, references, ordinance numbering, section/subsection numbers, and any reference thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance is adopted concurrently with Resolution No. 2020-16 and shall be in full effect five (5) days after passage and publication, as provided by law. A summary of this ordinance may be published in lieu of publishing the ordinance in its entirety.




26 of 87


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINGTON, WASHINGTON, REINSTATING THE PARKS AND RECREATION COMMISSION

WHEREAS, Chapter 2.45 of the Covington Municipal Code (“CMC”), Parks and Recreation Commission, was repealed at the July 28, 2020 city council regular meeting pursuant to Ordinance No. 11-2020; and

WHEREAS, it is desirable to continue to have a Covington Parks and Recreation Commission; and


WHEREAS, RCW 35A.13.080 is silent on how the city council may appoint citizen commissions and the city council has determined that it is more efficient reestablish the parks and recreation commission and its governing rules by resolution; and

WHEREAS, with the concurrent adoption of Ordinance No. 11-2020, which repealed Chapter 2.45 CMC, Parks and Recreation Commission, all current members of the City of Covington Parks and Recreation Commission will retain their positions and will continue to serve until their terms expire;


Section 1. Creation of Commission. The Parks and Recreation Commission is hereby created as set forth in Exhibit A.

Section 2. Concurrent Adoption; Continuation; Effective Date. This resolution is being adopted concurrently with the passage of Ordinance No. 11-2020, which repealed Chapter 2.45 CMC. All current members of the Parks and Recreation Commission established under repealedChapter 2.45 CMC, shall retain their positions and will continue to serve in their positions pursuantto the terms of this resolution. Furthermore, all previous policies and procedures, functions, andwork of the Parks & Recreation Commission shall remain in place under the terms of thisresolution. This resolution shall go into effect concurrently with the effective date of OrdinanceNo. 11-2020.

Section 3. Severability. If any section, paragraph, sentence, clause, or phrase of this resolution, or its application to any person or situation, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this resolution or its application to other persons or situation. The City Council of the

ATTACHMENT 2

27 of 87

City of Covington hereby declares that it would have adopted this resolution and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

Section 4. Corrections. Upon the approval of the City Attorney, the City Clerk and the

codifiers of this resolution are authorized to make any necessary corrections to this resolution including, but not limited to, the correction of scrivener’s/clerical errors, references, resolution numbering, section/subsection numbers, and any reference thereto.

Section 5. Ratification. Any act consistent with the authority and prior to the effective date

of this resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution is adopted concurrently with Ordinance No. 11-

2020 and shall be effective upon the effective date of Ordinance No. 11-2020, August 5, 2020.

Passed by the City Council of the City of Covington this 28TH day of July 2020. Signed in authentication of its passage this ___ day of ___________, 2020.


AUTHENTICATED: _____________________________________ Joan Michaud, City Clerk APPROVED AS TO FORM: _____________________________________ Mark Orthmann, City Attorney

28 of 87

EXHIBIT A

PARKS AND RECREATION COMMISSION

1. Created. The Parks and Recreation Commission (“Commission”) is hereby created and

shall serve in an advisory capacity to the City Council.

2. Membership and Residence Requirements. The Commission shall consist of seven members appointed by the City Council. Members must live within the City limits or within a three-mile radius of the City limits.

3. Term of Office. Each position shall have a term of office for three years. Terms shall

commence on February 1 and expire on January 31 of the respective years. If a member is not appointed for a new term on June 1, the incumbent member may continue to serve in that position until such later date when a member is appointed for a new term. When a vacancy occurs on the Commission, the replacement member shall be appointed only the for the remainder of the unexpired term.

4. Removal. Commission members may be removed by the City Council at any time

pursuant to the Covington City Council Policies and Procedures, as amended from time to time.

5. Organization and Meetings. The Commission shall adopt Policies and Procedures. The

City Manager shall appoint staff to provide assistance to the commission as available and permitted by the budget. The commission shall meet one time per month and upon call of the chairperson, as necessary.

6. Responsibilities. The Commission shall act in an advisory capacity to the City Council.

To that end, the commission shall study, investigate, counsel, and develop and/or update written plans for the provision of recreational programming and development of parks and other natural resources within the City, taking into consideration the requirements of all grant fund agencies as requested by the City Council and shall be responsible for the following:

6.1 Preparing and/or reviewing the long-range park, recreation and open space plan for the City of Covington; 6.2 Proposed land acquisitions, easements and leases; 6.3 Specific park master plans and related public involvement; 6.4 Partnership and intergovernmental agreements pertaining to park, recreation and natural resources;

29 of 87

6.5 Major policies related to the management and operation of the City’s park and recreation system; 6.6 Major policies related to the provision of recreational programming including, but not limited to, athletics, aquatics, recreation and special events; 6.7 Long-term funding and financing to implement and manage the City’s park, recreation and natural resource system; 6.8 Preparation of a capital investment plan that identifies funded priority projects; 6.9 Preparation of a public involvement program that solicits volunteer support and encourages public participation in the implementation and operation of Covington’s park system; 6.10 Developing, implementing and reviewing a comprehensive community forestry program, including tree management and Arbor Day activities, and annual work plan; 6.11 Submitting periodic reports to the City Council setting forth its progress in completing its work program for the current fiscal year. The Chairperson of the Parks and Recreation Commission or designee is encouraged to regularly present updates to the City Council at the first regular City Council meeting or study session after each Parks and Recreation Commission meeting; 6.12 Reviewing and updating the departmental six-year strategic plan, youth athletic handbook and recreation comprehensive plan; 6.13 Such other and further responsibilities as may be assigned to the Commission by the City Council, from time to time.

30 of 87

Consent Agenda Item C-6 Covington City Council Meeting Date: July 28, 2020 SUBJECT: CONSIDER RESOLUTION AMENDING RESOLUTION NO. 2017-09 TO

AMEND YOUTH COUNCIL TERM LENGTH. RECOMMENDED BY: City Council ATTACHMENT(S): 1. Proposed resolution 2. Resolution No. 2017-09 3. Resolution No. 2016-19 PREPARED BY: Joan Michaud, City Clerk EXPLANATION: At the City Council Summit in January 25, 2020, council directed staff to place an item on a future council meeting to amend the term length of Youth Council positions from one-year terms to terms ending upon the member’s graduation from high school. ALTERNATIVES: 1. Keep the term limits at one-year. 2. Change the term limits to a different length of time. FISCAL IMPACT: None CITY COUNCIL ACTION: Ordinance X Resolution Motion Other

Councilmember _____________ moves, Councilmember ________________ seconds to adopt a resolution amending Resolution No. 2017-09 to amend Youth Council terms to end upon each member’s graduation from high school.

REVIEWED BY: City Manager; City Attorney, Finance Director

31 of 87


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINGTON, WASHINGTON, AMENDING RESOLUTION NO. 2017-09 TO ALLOW MEMBER TERMS TO END UPON GRADUATION FROM HIGH SCHOOL

WHEREAS, it is important and beneficial to all residents of the City of Covington (the “City”) to foster involvement of the community’s youth in the process of government and the ideals of public service; and

WHEREAS, it is desirable to expand the City’s connections to the community; and

WHEREAS, it is desirable to increase the number of volunteers who help the City achieve its goals; and

WHEREAS, it is important to obtain community input on key issues facing the City;

WHEREAS, at the City Council Summit on January 25, 2020, council decided to allow Youth Council members to remain in their appointed term until graduation from high school;


Section 1. Amendment of Youth Council. The Youth Council is hereby amended as set forth in Exhibit A.

Section 2. Severability. If any section, paragraph, sentence, clause, or phrase of this resolution, or its application to any person or situation, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this resolution or its application to other persons or situation. The City Council of the City of Covington hereby declares that it would have adopted this resolution and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

Section 3. Corrections. Upon the approval of the City Attorney, the City Clerk and the codifiers of this resolution are authorized to make any necessary corrections to this resolution including, but not limited to, the correction of scrivener’s/clerical errors, references, resolution numbering, section/subsection numbers, and any reference thereto.

Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed.

ATTACHMENT 1

32 of 87

Section 5. Effective Date. This resolution shall be effective immediately upon passage by the City Council of the City of Covington.

Passed by the City Council of the City of Covington this 28th day of July 2020.

Signed in authentication of its passage this ___ day of ___________, 2020.


AUTHENTICATED:

_____________________________________ Joan Michaud, City Clerk

APPROVED AS TO FORM:

_____________________________________ Mark Orthmann, City Attorney

33 of 87

EXHIBIT A

YOUTH COUNCIL

1. Covington Youth Council Established. The Covington City Council hereby establishesthe Covington Youth Council, which shall be referred to as the “Youth Council”. The city manager shall designate appropriate city staff to advise and provide administrative assistance to the Youth Council leaders and members.

2. Purpose. The purpose of the Youth Council shall be as follows:

2.1 Involve youth in local government.

2.2 Increase volunteerism among youth in civic affairs.

2.3 Increase communication with youth in the Covington community.

2.4 Involve youth in planning youth activities for the Covington community.

2.5 Serve as an advisory body to the City Council on matters dealing with youth in the Covington community.

3. Adult Leader Positions. The Youth Council shall be guided and mentored by at least two(2) non-voting adult leaders. The adult leader positions shall be appointed and fulfilled pursuantto the following:

3.1 Appointment. Notice of Vacancies. Unless otherwise directed by the council, the city clerk’s office shall advertise notice of vacant positions so that any interested and qualified individual may submit an application.

3.2 Applicant Interviews and Appointment. The city council will endeavor to interview all applicants for an available position; provided that the mayor and mayor pro tem may limit the number of applicants interviewed by the council as a whole when the gross number of applicants is so large as to be an undue burden on the council’s schedule.

All interviews for available positions shall be scheduled at either a special orcommittee of the whole council meeting. For the purpose of any special orcommittee of the whole council meeting in which interviews are the onlyagenda item, the council may proceed with calling the meeting to order andconducting said interviews so long as three (3) or more council members arepresent.

The council shall also interview applicants seeking reappointment for the sameposition, unless otherwise determined by a majority of the council.

34 of 87

Appointments will be made during a regularly scheduled council meeting.

Upon appointment, new appointees will receive a briefing by city staffregarding the duties and responsibilities of the members of the CovingtonYouth Council.

3.3 Appointment; Term. The City Council, by majority vote, shall appoint at least two (2) adult leaders to the Youth Council. Upon establishment of the Youth Council, all adultleader positions shall be initially appointed for a two-year term. Thereafter, upon theexpiration or vacancy of an adult position, the City Council, by majority vote, shall appointindividuals to the adult leader positions in staggered-length terms to be determined by theCity Council (e.g. one adult leader position assigned to a one-year term and the other adultleader position assigned to a two- year term; or, one adult leader position assigned to a two-year term and the other adult leader position assigned to a three-year term, etc.).

3.4 Removal. The City Council may remove an adult leader from their position at any time without reason upon a majority vote of the council.

4. Youth Council Members. Voting members of the Youth Council shall be appointed andserve pursuant to the following:

4.1 Selection and Appointment. The city clerk’s office shall advertise notice of vacant positions so that any interested and qualified individual may submit an application. Applicants shall be interviewed by the City Council and the adult leaders. The City Council shall make the final decision on appointments.

4.2 Member Criteria. Youth Council members shall be between the ages of fifteen (15) and eighteen (18) at the time of selection and reside or attend school within the City of Covington or a 3-mile radius of the City of Covington city limits.

4.3 Number of Members - Terms. The Covington Youth Council shall consist of a maximum of 15 members. Selected Youth Council members shall each serve for a term of one (1) yearuntil the last day of the month of the member’s graduation from high school. There is no limit on the number of terms a Youth Council member may apply for and be appointed to.

4.4 Removal. The City Council, by majority vote, may remove a member of the Youth Council at any time without reason. The City Council may take such action only upon the recommendation of all adult leaders.

5. Organization and Rules. The Youth Council shall recommend such rules for governingits procedures as it deems necessary or advisable to the City Council for approval and shall keep a record of its proceedings, which record shall be a public record. The Youth Council shall hold regular meetings at least once every two (2) months and, pursuant to Section 8.0 of the Covington City Council Policies and Procedures, shall comply with the requirements of the Open Public Meetings Act (RCW 42.30).

35 of 87


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINGTON, KING COUNTY, WASHINGTON, AMENDING RESOLUTION NO. 2016-19, SECTION 4.3. TO ESTABLISH A SET NUMBER OF MEMBERS

WHEREAS, it is important and beneficial to all residents of the City of Covington (the "City") to foster involvement of the community's youth in the process of government and the ideals of public service; and

WHEREAS, it is desirable to expand the City's connections to the community; and

WHEREAS, it is desirable to increase the number of volunteers who help the City achieve its goals; and

WHEREAS, it is important to obtain community input on key issues facing the City;

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINGTON, WASHINGTON, hereby resolves as follows:

Section 1. Covington Youth Council Established. The Covington City Council hereby establishes the Covington Youth Council, which shall be referred to as the "Youth Council". The city manager shall designate appropriate city staff to advise and provide administrative assistance to the Youth Council leaders and members.

Section 2. Purpose. The purpose of the Youth Council shall be as follows:

2.1. Involve youth in local government.

2.2. Increase volunteerism among youth in civic affairs.

2.3. Increase communication with youth in the Covington community.

2.4. Involve youth in planning youth activities for the Covington community.

2.5. Serve as an advisory body to the City Council on matters dealing with youth in the Covington community.

Section 3. Adult Leader Positions. The Youth Council shall be guided and mentored by at least two (2) non-voting adult leaders. The adult leader positions shall be appointed and fulfilled pursuant to the following:

ATTACHMENT 2

36 of 87

37 of 87

38 of 87

ATTACHMENT 3

39 of 87

40 of 87

41 of 87

Consent Agenda Item C-7 Covington City Council Meeting Date: July 28, 2020 SUBJECT: AUTHORIZE THE CITY MANAGER TO AMEND CAG 011-2019,

A CONSULTANT SERVICES AGREEMENT WITH BERK CONSULTING, INC. FOR ON-CALL PLANNING SUPPORT SERVICES.

RECOMMENDED BY: Gina Estep, Community Development Director ATTACHMENTS:

1. Original Consultant Services Agreement CAG 011-2019 2. Amendment #1 3. Amendment #2

PREPARED BY: Ann Mueller, Senior Planner EXPLANATION: BERK Consulting, Inc. has provided professional on-call planning support services to the city since 2016. Council authorized the city’s contract CAG 011-2019 with BERK on January 28, 2019 (Attachment 1). On December 10, 2019, the city council authorized the city manager to execute an Amendment #1 to extend this agreement with a budget of $30,000 through the end of 2020, which was executed on December 18, 2019 (Attachment 2). The proposed Amendment #2 will increase the budget amount for the year 2020 from $30,000 to $60,000. This request to increase the budget is in anticipation of the continued need for planning support through the remainder of 2020. The city expects to utilize the full amount of the $30,000 budgeted for on-call services in 2020 by the end of July/early August. The majority of the work associated with this on-call planning support agreement, to date and for the remainder of 2020, is reimbursable to the city by permit applicants. BERK provides staff the continued support and peer review of technical documents(e.g., noise, air quality, groundwater, geotechnical, wetland, wildlife reports) to allow for approval of development within or associated with the Lakepointe Urban Village Subarea to ensure development activities are consistent with the Washington State Environmental Policy Act (SEPA) and/or with the terms of the current Lakepointe Urban Village Subarea Development Agreement and Planned Action Ordinance. Other support work anticipated through 2020 that won’t be reimbursable is expected to be requests from King County for data and analysis associated with current and forecasted growth within the city. FISCAL IMPACT: The 2019 budget authorized $20,000; the 2020 budget authorizes $30,000 to be paid to BERK per this contract. As of the preparation of this agenda item, the city has paid BERK approximately $24,315 of the contract amount for 2020. Of that amount, 90 percent has been for work that has been reimbursed to the city by Lakepointe Covington, Inc. for SEPA related staff support and peer review of technical documents associated with the Covington Connector

42 of 87

roadway project and terms of the Lakepointe Urban Village Subarea Development Agreement and Planned Action Ordinance. This amendment will increase the 2020 budget to $60,000. CITY COUNCIL ACTION: _____Ordinance Resolution X Motion Other

Councilmember _____________ moves, Councilmember ________________ seconds, to authorize the city manager to execute contract amendment #2 to Contract 011-2019 with BERK Consulting, Inc., in substantial form as that attached hereto.

REVIEWED BY: Community Development Director, Finance Director, City Attorney, City Manager

43 of 87

ATTACHMENT 1

44 of 87

45 of 87

46 of 87

47 of 87

48 of 87

49 of 87

50 of 87

CAG# 011-2019Amendment No. 1

ATTACHMENT 2

51 of 87

52 of 87

of 1

CITY OF COVINGTON CONTRACT FOR SERVICES

Amendment #2

Between the City of Covington and BERK Consulting, Inc.

That portion of Contract No. 011-2019 between the City of Covington and BERK Consulting, Inc., (the “Agreement”) is amended as follows:

1. Compensation. Section III of the Agreement shall be amended so as not to exceed$20,000 in the year 2019 and $360,000 in 2020 per appropriation of funds pursuantto Section III of CAG 011-2019.

All other provisions of the contract shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written below.

CITY OF COVINGTON

____________________________________ By: Regan Bolli Its: City Manager Date: _____________________________

BERK CONSULTING, INC.

______________________________

By: _________________________

Its: _________________________

Date: __________________________

ATTACHMENT 3

53 of 87

Consent Agenda Item C-8 Covington City Council Meeting Date: July 28, 2020

SUBJECT: RATIFY THE CITY MANAGER’S SIGNATURE TO EXECUTE AN

AMENDMENT TO A PUBLIC WORKS AGREEMENT WITH FERRIS-TURNEY GENERAL CONTRACTORS, INC. FOR CONSTRUCTION SERVICES TO INSTALL SECURITY FENCING AT THE FORMER COVINGTON ELEMENTARY SCHOOL FOR TEMPORARY USE AS COVID-19 TESTING AND EMERGENCY OPERATIONS CENTER.

RECOMMENDED BY: Andrew McCurdy, Chief of Police ATTACHMENT(S): 1. Original Public Works Agreement with Ferris-Turney CAG 030-2020 2. Amendment #1 of Public Works Agreement with Ferris-Turney 3. Amendment #2 of Public Works Agreement with Ferris-Turney PREPARED BY: Andrew McCurdy, Chief of Police EXPLANATION: At the May 26, 2020 council meeting, the City of Covington City Council authorized the contract with Ferris-Turney General Contractors, Inc. (“Ferris-Turney”) to do repairs at the former Covington Elementary school for temporary use as a COVID-19 and Emergency Operations Center. This original contract was in the amount of $69,193.00. Amendment #1 was approved by City of Covington City Council at the June 9, 2020 council meeting to authorize an increase to $129,039 to pay for additional electrical repairs. In partnership with Puget Sound Regional Fire Authority (“PSRFA”), a portion of the former Covington Elementary School campus was opened for COVID-19 testing and an Emergency Operations Center. Ferris-Turney has been completing those items that needed to be addressed. Although the testing has been suspended at this location, PSRFA has requested that the site remain ready for operation for the remainder of 2020 due to an expected second wave of COVID-19 and a subsequent need for testing. In addition, testing supplies are being stored at this location. The site is vulnerable due to the isolated setting and close proximity to unused portions of the campus that have been heavily vandalized. Security fencing is needed to secure the portions of the site used for COVID-19 testing to prevent vandalism and theft of equipment and supplies. Temporary security fencing has been ineffective and has already been penetrated by thieves who cut the fence to burglarize the building. The fencing was included in the prior approved agreement based on a preliminary plan but, due to unanticipated plan changes required by fire code, the cost is now higher than expected. This Amendment #2 is being executed pursuant to the city’s emergency powers under the March 12, 2020 City of Covington Declaration of Emergency, Chapter 2.50 CMC, and Chapter 38.52 RCW.

54 of 87

Ferris-Turney has provided a scope and fee to complete the additional work to include an additional 90 linear feet of fencing, removal of playground equipment and mat, and adding subbase and asphalt to an unpaved portion of the fence line. The cost of the change order is $34,936.00 for a total compensation amount not to exceed $163,975. This work was required to be completed and invoiced to the City no later than July 25 in order to be submitted for reimbursement through FEMA, therefore, the city manager executed the amendment to authorize the change order in order to meet the deadline for funding. FISCAL IMPACT: Based on the emergency nature of this project in support of the federal effort to combat and control the COVID-19 pandemic, the city will submit for full reimbursement through the CARES Act funding as well as applying for Public Assistance Funds from FEMA for full reimbursement, for a total compensation amount not to exceed $163,975. CITY COUNCIL ACTION: Ordinance Resolution X Motion Other

Councilmember ______________ moves, Councilmember ______________ seconds, to ratify the city manager’s signature to execute Amendment #2 to the public works agreement with Ferris-Turney General Contractors, Inc. in the amount of $34,936 to install security fencing and conduct other repairs at the former Covington Elementary School in order to maintain functionality as a COVID-19 Testing and Emergency Operations Center.

REVIEWED BY: City Manager, Finance Director, City Attorney

55 of 87

Public Works Agreement 1 02-2018

PUBLIC WORKS AGREEMENT between the City of Covington and

Ferris-Turney General Contractors, Inc.

THIS AGREEMENT is made between the City of Covington ("City"), a Washington municipal corporation, and Ferris-Turney General Contractors ("Contractor"), a Corporation.

I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City:emergency repairs and maintenance to former Covington Elementary School at 17070 SE Wax Rd, Covington, WA 98042 to accommodate COVID-19 testing to include HVAC/plumbing/electrical inspections and repairs, security fence installation, ADA required accommodations installation, and fire alarm installation, referred to in this Agreement as “Work” or “Contract Work,” and as further described in the attached Exhibit B. Contractor will perform the services furnished under this Agreement in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed.

II. TERM OF AGREEMENT. The parties agree that work will begin on the tasks describedin Section I above upon the effective date of this Agreement, and Contractor shall complete the work described in Section I by or within 90 days.

III. COMPENSATION. The City shall pay Contractor a total amount not to exceed$6 .00, including any applicable Washington State Sales Tax, for the Work described in this Agreement. The City will pay for the portion of the Work described in an invoice that has been completed by the Contractor and approved by the City. The City’s payment shall not constitute a waiver of the City’s right to final inspection and acceptance of the project.

A. Payment and Performance Bond. Pursuant to RCW Chapter 39.08, theContractor shall provide the City a payment and performance bond for the full contract amount.

B. Defective or Unauthorized Work. The City reserves its right to withhold paymentfrom Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation, work or materials that do not conform to the requirements of this Agreement or extra work or materials furnished without the City’s written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the Work, the City may complete the Work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. “Additional Costs” shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Compensation specified in Section III. The City further reserves its right to deduct the cost to complete the Contract Work, including any Additional Costs, from any and all amounts due to the Contractor.

C. Final Payment: Waiver of Claims. THE CONTRACTOR’S ACCEPTANCE OFFINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR’S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED.

IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with RCW Chapter 51.08, the parties make the following representations:

City of Covington Agreement No.

___030-2020__ATTACHMENT 1

56 of 87


A. The Contractor controls and directs the performance and details of its work, theCity being interested only in the results obtained under this Agreement.

B. The Contractor maintains and pays for its own place of business from whichContractor’s services under this Agreement will be performed.

C. The Contractor has an established and independent business that is eligible for abusiness deduction for federal income tax purposes that existed before the City retained Contractor’s services, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement.

D. The Contractor is responsible for filing as they become due all necessary taxdocuments with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue.

E. The Contractor has registered its business and established an account with thestate Department of Revenue and other state agencies as may be required by Contractor’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington.

F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW oran electrical contractor license pursuant to Ch. 19.28 RCW.

G. The Contractor maintains a set of books dedicated to the expenses and earningsof its business.

V. TERMINATION. The City may terminate this Agreement for good cause. “Good cause”shall include, without limitation, any one or more of the following events:

A. The Contractor’s refusal or failure to supply a sufficient number of properly skilledworkers or proper materials for completion of the Contract Work.

B. The Contractor’s failure to complete the Work within the time specified in thisAgreement.

C. The Contractor’s failure to make full and prompt payment to subcontractors or formaterial or labor.

D. The Contractor’s persistent disregard of federal, state, or local laws, rules, orregulations.

E. The Contractor’s filing for bankruptcy or becoming adjudged bankrupt.

F. The Contractor’s breach of any portion of this Agreement.

If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract Work is completed. After termination, the City may take possession of all records and data within the Contractor’s possession pertaining to this project, which may be used by the City without restriction.

57 of 87


VI. PREVAILING WAGES. Contractor shall file a “Statement of Intent to Pay PrevailingWages,” with the State of Washington Department of Labor & Industries prior to commencing the Contract Work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with RCW Chapter 39.12, as well as any other applicable prevailing wage rate provisions. Contractor shall file an “Affidavit of Wages Paid.” The applicable prevailing wage rate revision issued by the Department of Labor & Industries can be provided.

VII. CHANGES. The City may issue a written change order for any change in the ContractWork during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, Section XV(C), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines in its sole discretion that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the Contract Work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below.

The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect, and consequential costs, including costs of delays related to any work either covered or affected by the change.

VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, anotherwritten order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims wit

city council regular meeting agenda city council regular meeti… · 28/07/2020 · 1. proposed...

Documents