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2024-02-02 Council Retreat MinutesEDMONDS CITY COUNCIL MEETING SPECIAL MEETING — COUNCIL/STAFF RETREAT APPROVED MINUTES February 2, 2024 ELECTED OFFICIALS PRESENT Mike Rosen, Mayor Vivian Olson, Council President Chris Eck, Councilmember Will Chen, Councilmember Neil Tibbott, Council President Michelle Dotsch, Councilmember Susan Paine, Councilmember Jenna Nand, Councilmember 1. ARRIVE GET COFFEE, GET SETTLED 1. CALL TO ORDER STAFF PRESENT Michelle Bennett, Police Chief Kim Dunscombe, Deputy Admin. Serv. Director Oscar Antillon, Public Works Director Angie Feser, Parks, Rec., & Human Serv. Dir. Jessica Neill Hoyson, HR Director Susan McLaughlin, Planning & Dev. Dir. Todd Tatum, Comm., Culture & Econ. Dev. Dir. Jeff Taraday, City Attorney Scott Passey, City Clerk Carolyn LaFave, Executive Assistant to the Mayor Beckie Peterson, Council Executive Assistant Jeannie Dines, Recorder The Edmonds City Council retreat was called to order at 9:50 p.m. by Mayor Rosen in the Library Plaza Room, 650 Main Street, Edmonds, and virtually. 3. LAND ACKNOWLEDGEMENT Deputy Administrative Services Director Kim Dunscombe read the City Council Land Acknowledge Statement: "We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water." 4. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 5. COUNCIL BUSINESS A. WARM UP EXERCISE Mayor Rosen provided opening remarks. Edmonds City Council Approved Minutes February 2, 2024 Page 1 Attendees participated in a warm up exercise where each said two truths and a lie and the group guessed which one was the lie. B. WHO'S LANE IS IT ANYWAY? Council President Olson explained this agenda item is to help us understand our roles and responsibilities and where can find ourselves crossing paths and getting into territory that is not legitimately ours and how that causes conflict. She introduced Steve DiJulio, Senior Principal, Foster Garvey, and described his background. Mr. DiJulio explained he hoped to be a catalyst for the discussion and encouraged attendees to participate. • Outline o The Basics — The Legal Lanes o Legal issues around public comments in meetings and the importance of community engagement o Legal exposures in government, including conflicts of interest and ethics o How your role can prevent divisiveness that undermines citizen trust in city government — Best Practice Lanes • An Approach: Basic Civics o Virtual Citizens Academy ■ The City of Snoqualmie proudly presents the Virtual Citizens Academy designed to engage and educate the public about the many facets of operating a municipality. hLtps://www.snoqualmiewa.gov/308/Citizens-Academy o Also see: www.eu eng a-or.gov/DocumentCenterNiew/28908/So-You-Want-to-Run-For-Local-Office- League-of-Oregon-Cities? • City of Edmonds: Code City, under Title 35A RCW o Mayor -Council form of governance 0 1 st Class and Code City Authority ■ The "home rule" principle seeks to increase government accountability by limiting state - level interference in local affairs... ■ In this context, it is appropriate for Washington courts to "liberally construe[]" legislative grants of power to cities, particularly first class cities. Watson v. City of Seattle (August 10, 2017) ■ 35.22.570 also grants first class cities all powers Title 35 RCW gives to other cities... With respect to municipal business taxes, Seattle has the authority to "collect a license tax for the purposes of revenue and regulation," a power granted to second class cities. RCW 35.23.440(8). Watson v. City of Seattle (August 10, 2017) [see RCW 35A.11.020 for code cities] Mr. DiJulio responded to questions regarding whether there is any legislation in the pipeline to allow cities to have DUI checkpoints, and whether Washington is considering parental liability for the conduct of minor children related to gun violence. Mr. DiJulio continued: Basics — City Government o 1889 Washington Statehood Who Does What? o Council (Legislative Authority) o Executive ■ Mayor Edmonds City Council Approved Minutes February 2, 2024 Page 2 - Administrator/Supervisor ■ Manager o City Attorney & Special Counsel Actions of Legislative Authority o Motion o Resolution o Ordinance o Veto o When is policy the law? ■ When adopted by ordinance Mr. DiJulio responded to questions regarding the mayor's discretion to enforce violation of law, enforcement of state requirements, mayor's authority to prioritize enforcement, council's delegation of authority to the mayor, and mayor's role in legislative authority. Mr. DiJulio continued: o Council acts as one ■ Individual councilmembers without authority Note: City of Renton v. Playtime Theaters, 475 U.S.41(1986) ■ Following the assumption that the city's government is business to its logical conclusion, the autocratic mayor is the natural consequence. In the modern business world the captain of industry has come be the chief figure. With the perfection of organization, concentration of power, and fixing responsibility there has developed a one-man rule in big business. These examples have had an influence on development of municipal structure, organization and methods, and as a result the autocratic mayor has been evolved. It is often conceded that efficiency of the public service is of more importance than the haphazard working of democracy in the old way. The voters are free to choose the mayor in the first instance whose term is limited... 2 A.E. McQuillin, The Law of Municipal Corporations, 213 (3d Ed. 1996). ■ RCW 35A.12.110 (part) - Meetings of the council shall be presided over by the mayor, if present, or otherwise by the mayor pro tempore, or deputy mayor if one has been appointed, or by a member of the council selected by a majority of the councilmembers at such meeting. The Blurred Line Between Policy and Administration o Of course, things do not always run smoothly between the council and the city administration, and the line between policy and administration in some situations is not clear.... o The mayor or city manager may direct that all communications with city staff go through his or her office. The council, in response, may feel that the mayor is unlawfully restricting its access to city personnel for information purposes. Mayor & Councilmember's Handbook, Page 33 Council - staff relations o 35A.13.120 City manager -Interference by council members. ■ Neither the council, nor any of its committees or members, shall direct the appointment of any person to, or his removal from, office by the city manager or any of his subordinates except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the manager and neither the council nor any committee or member thereof shall give orders to any subordinate of the city manager, either publicly or privately. The provisions of this section do not prohibit the council, while in open session, from fully and freely discussing with the city manager anything pertaining to appointments and removals of city officers and employees and city affairs. Personnel Management? o RCW 35A.12.090 addresses appointment and removal of officers: Edmonds City Council Approved Minutes February 2, 2024 Page 3 ■ Mayor with power of appointment and removal ■ Qualifications may be set by ordinance [highly unusual] ■ Council confirmation of appointments when provided by ordinance Separate City Council Staff? o MRSC INQUIRY NO. 98-2101 (April 20, 1998): ■ "It does not appear possible for the council in a non -charter code city to provide for legislative staff positions that are subject to appointment and removal by the council members rather than the mayor." See also MRSC Inquiry No. 06-4229 (August 9, 2006) Communications! Council - Staff Issues Mr. DiJulio responded to questions regarding the mayor's role during deliberation of policy at council meetings, ability for a council majority to override the mayor's ruling as the presiding officer during a meeting, the mayor's delegation authority for city council staff, the public's communication with the council and mayor, and social media policies. Mr. DiJulio continued: Civility and the conduct of the people's business o PASCO - The Pasco City Council voted Monday to replace its representative on the Benton - Franklin Council of Governments after a councilman misrepresented the city at a meeting last week... Tri-City Herald October 22, 2009 o Potential Areas of Conflict ■ Budgets ■ Setting agendas ■ Contract administration Questions and discussion followed regarding council liaison to boards and commissions speaking for council, best practices related to staff responding during council meetings, authority for agenda setting delegated to council president (in consultation with the major) in Edmonds, and other cities that hold informal work sessions with staff and council. Mr. DiJulio continued: • Budgets o Individual Councilmember Agendas? ■ Is it in Capital Facility Plan? ■ Is it in Annual Work Plan or Program? ■ Is there an approved budget? ■ Do City resources otherwise support (what other priority deferred)? o Budget Schedule - Ch. 35A.33 RCW [https://mrsc.org/explore-topics/finance/budgets/city-budget-calendar ] o Procurement and Contracts ■ What Level of Authorization to Delegate to Administration? - Examples: El Bellevue - $35,000 (BMC 4.28.170) Auburn - Directors $10,000; Mayor $100,000, when budgeted (ACC 3.10.010) Lynnwood -Mayor $100,000, when consistent with budget (LMC2.92.020) Questions and discussion followed regarding how delegation of contracting authority works "when consistent with budget," whether Edmonds' purchasing policy references "when consistent with budget," at what level change orders have to come to council, and council adoption of purchasing policies. Mr. DiJulio continued: Edmonds City Council Approved Minutes February 2, 2024 Page 4 Municipal Finance o State and each local government must have balanced budget Management of Legal Services o State law authorizes the obtaining of legal services "for the city". RCW 35A.12.020. Neither the council alone nor the mayor alone constitutes "the city". Rather, RCW 35A.12.010 vests the government of a non -charter code city, adopting the mayor -council plan of government, in an "elected mayor and an elected council". o In this respect and in others, chapter 35A.12 RCW contemplates that the mayor and the city council will act together on behalf of the city. ■ 1997 AGO No. 7, at 3. o In Washington, there are two scenarios in which the town council of a municipal corporation has the implied authority to hire outside counsel. ■ One, if the council hires outside counsel to represent it, and it prevails on the substantive issue to the benefit of the town, a court may direct the town to pay the reasonable fees and costs of outside counsel. - See Tukwila v. Todd, 17 Wn. App. 401, 563 P.2d 223 (1977). ■ Two, if extraordinary circumstances exist, such that the mayor and/or town council is incapacitated, or the town attorney refuses to act or is incapable of acting, a court may determine that a contract with outside counsel is both appropriate and necessary. - State v. Volkmer, 73 Wn. App. 89, 95, 867, P.2d 678 (1994) - See Knowing the Territory, at 32-33. Questions and discussion continued regarding the administration's access to the city attorney, differences between an in-house city attorney versus a contract city attorney, and perceived conflict of interest with boards/commissions. Mr. DiJulio continued: • Incompatible Offices o A person may not hold simultaneous, incompatible public offices. Offices are incompatible when the functions of the office are inconsistent or the public interest would suffer. ■ See Knowing the Territory • Recall o A recall petition must meet two tests: factual sufficiency and legal sufficiency. Facts in a recall petition, verified under oath must show misfeasance, malfeasance, or violation of the oath of office. Exercise of judgment or discretion cannot be grounds for recall. ■ See In re the Recall of Pepper, 189 Wn.2d 546 (2017); and ■ In re Recall oflnslee, Supreme Court No. 99948-1 (April 28, 2022) • Municipal Finance o Local taxation must be authorized by a legislative delegation of taxing power. See WASH. CONST. art. I § 1. o Municipal corporations have no inherent power to tax. ■ Arborwood Idaho, LLC v. City of Kennewick, 151 Wn.2d 359 (2004) • Public Meetings and Public Comment o Meetings ■ The people insist on remaining informed so that they retain control over the instruments they have created. • OPMA - RCW 42.30.205 (enacted 2014) o Every member of a governing body (including members of boards and commissions) of a public agency must complete open meetings training within 90 days after taking the oath of office or otherwise assuming official duties. Training must be completed every four years, and may be completed remotely. • Legislative Declaration Edmonds City Council Approved Minutes February 2, 2024 Page 5 o The legislature finds and declares that all public commissions, boards, councils, committees, subcommittees, departments, divisions, offices, and all other public agencies of this state and subdivisions thereof exist to aid in the conduct of the people's business. It is the intent of this chapter that their actions be taken openly and that their deliberations be conducted openly. ■ RCW 42.30.010 "Meeting" means meetings at which action is taken. o "Action" is broadly defined as "the transaction of the official business of a public agency by a governing body including but not limited to": ■ Receipt of public testimony ■ Deliberations ■ Discussions ■ Considerations ■ Reviews ■ Evaluations ■ Final actions o "Meeting" does not require members to be present in the same location or even interact simultaneous. ■ Conference call with a majority ■ Email exchange that includes substantive input from a majority ■ "Serial" meetings such as a phone tree or repeated discussions ■ BUT simply receiving information without comment is not a meeting Questions and discussion followed regarding a mayor's advisory committee may not be subject to OPMA, when subcommittees/panels/taskforce/work groups are subject to OPMA, liberal interpretation of the OPMA, serial meetings, when a member of the public serves as a conduit for a serial meeting, the mayor having 1:2 or 1:3 meetings with council, and the ability for councilmembers to talk to each other one on one as long as not providing input from other councilmembers. Mr. DiJulio continued: • Committees & Task Forces o See Clark v. City of Lakewood, 259 F.3d 996 (9th Cir. 2001) o Lakewood Adult Entertainment Task Force met in violation of OPMA • Parliamentary Procedures o Parliamentary procedures are local rules or customs regulating the conduct of legislative proceedings. However, a majority of the quorum will control the meeting procedures. o You can disagree without being disagreeable. Bernard Meltzer/Ronald Regan • WAIT — Why Am I Talking? • WANT — Why Aren't I Talking? • Executive Sessions o Common grounds: 1. National security or (new in 2017) infrastructure/computer security 2. Acquisition of real estate 3. Sale/lease of real estate (final decision in open meeting) [Must be focused on price, not factors affecting value. Columbia Riverkeepers v. Port of Vancouver USA, 188 Wn.2d 421 (June 8, 2017)] 4. Evaluate charges against a public officer or employee 5. To evaluate the qualifications of an applicant/performance review 6. To evaluate the qualifications of a candidate for appointment to elective office. Interviews and selection in public 7. To discuss with legal counsel enforcement action or potential litigation RCW 70.44.062 o Confidentiality of Executive Session Edmonds City Council Approved Minutes February 2, 2024 Page 6 ■ Attorney General Opinion 2017 No. 5: ■ Legal obligation to not disclose information discussed in properly convened executive session. ■ Disclosure would violate Code of Ethics of Municipal Officers. ■ Could also constitute: - Misdemeanor offense under RCW 42.20.100, or - Official misconduct under RCW 9A.80.010. • SCOTUS: Censure did not violate official's First Amendment rights o In a unanimous 13-page ruling, Justice Neil Gorsuch noted that "elected bodies in this country have long exercised the power to censure their members," and there is no reason to believe that the First Amendment was intended to change that practice. "If anything," Gorsuch observed, censures for an elected representative's speech "have proven more common yet at the state and local level." Houston Community College System v. Wilson (March 24, 2022) • Public Hearings and the Hearing Process o All meetings of governmental bodies are public meetings, but not all meetings are public hearings. Public hearings are the proceedings in which public comment is invited. • Three Categories of Government Property o Traditional public forum, the designated public forum, and the non-public forum. Ark. Educ. Television Comm'n v. Forbes, 523 U.S. 666, 677-78, 118 S.Ct. 1633, 140 L.Ed.2d 875 (1998) ... • Mayor's removal of disruptive citizen from commission meeting does not violate first amendment Jones v. Heyman, 888 F.2d 1328 (1Ith Cir. 1989) • Public Comment - Disruptive? o Video of speaker at Dallas City Council meeting wearing protective clothing and mask and wiping podium with disinfectant o ...The motion passed by the Spokane City Council was not legislation generally applicable to the entire community but rather an act directed specifically at Mission. It was administrative or executive in nature, not legislative, and therefore legislative immunity is not available here. Mission Springs v. City ofSpokane,134 Wn.2d 947 (1998). o Therefore, we have rather a straightforward situation where clear legal rights of the citizen were violated by city council members acting in excess of their lawful authority and by a City Manager acting in excess of his own lawful authority but at the urging of the City Council. Mission Springs v. City of Spokane, 134 Wn.2d at 961. o Burien - $10.5 million verdict - developer alleged project was delayed o Thurston County - $12 million -+ fees ■ Maytown Sand & Gravel, LLC v. Thurston County, 191 Wn.2d 392 (2018) ■ $ 8 million to the Port of Tacoma, and ■ $ 4 million to Maytown o SeaTac News (July 14, 2016) ■ City of SeaTac slapped with $18.3 million judgment inland use case; Judge calls for formal sanctions ■ The trial judge also concluded the former SeaTac mayor wanted condos built on the site, believing they would price out Somalis who had moved into "his neighborhood." (Seattle Times 7126116) Questions and discussion followed regarding whether speakers who disregard the three minute limit are considered disruptive, cities that have a police presence at council meetings, and the difference between public speech that is a threat by law and freedom of speech. Mr. DiJulio continued: • City's involvement in International, National land Other Local Issues? Edmonds City Council Approved Minutes February 2, 2024 Page 7 42.23.070 Prohibited Acts o (3) No municipal officer may accept employment or engage in business or professional activity that the officer might reasonably expect would require or induce him or her by reason of his or her official position to disclose confidential information acquired by reason of his or her official position. o (4) No municipal officer may disclose confidential information gained by reason of the officer's position, nor may the officer otherwise use such information for his or her personal gain or benefit. See Attorney General Opinion 2017 No. 5 "The most important political office is that of the private citizen." Louis D. Brandeis (1856 1941) Sound Cities Association - Guiding Principles o Assume that others are acting with good intent o No surprises! o Have each other's backs o Think about who is not at the table o Be candid, but kind o Once a decision is made, work together to make it work o Show up to meetings prepared... o Be fully present and engaged during meetings o Extend grace to others — cut them some slack o Remain open-minded o Respect differing views Knowing the Territory (MRSC Report 47, Revised October 2023) https://mrsc.org/getmedia/l e641718-94a0-408b-b9d9-42b2e 1 d8180d/Knowing The- Territorypd£aspx?ext=.pdf Mayor Rosen recessed the retreat for lunch at 12:26 pm. LUNCH — BRING YOUR OWN 6. CONTINUED COUNCIL BUSINESS A. MEETING EFFICIENCY The retreat was reconvened at 1:17 pm. Mayor Rosen reviewed the afternoon's agenda. Attendees brainstormed what could be done to increase the efficiency of meetings which was followed by a dot exercise where each attendee was given three dots to identify their top choices: Votes Ideas to Improve Meeting Efficiency 6 Ask questions in advance of meeting Email amendments in advance 2 Draft recommendation as a motion 2 Limit comments time for individuals Stop thanking each other Just ask question Make sure motion clearly worded Rather than offering a new motion, vote against motion and then offer another motion Motions should be restated before vote 7 Consider a reader board where motion remains visible during discussion 1 Don't argue with staff, just vote against motion Edmonds City Council Approved Minutes February 2, 2024 Page 8 1 Model respectful behavior Council discussion is theirs to have Streamline process and touchpoints revisit 2 What can we do in work sessions? 2 Pre -identify e of deliberation/discussion such as round robin 3 Make motion before deliberation Allow council to take the time they need 1 Create clarity around purpose of the meeting — to come to a decision or speak to public, be clear whether questions are about interest or making a decision 4 More detailed memo with alternatives andpro/con and budget implication 2 Include presentations in packet 1 If presentation made at committee, presentation at council meeting can be summary 1 Be clear about the amount time on the agenda for staff presentation and time for council questions/discussion (maybe be specific) 1 Can we have fewer topics and fewer meetings 2 Increase committee use to go to consent so they don't go to full council 3 More study sessions Two and threepre-meeting briefs 1 Be clear on how we got here and what is next 4 Create a legislative calendar with priorities and the path required 1 Have the chair be more proactive on pulling the plug Group similar agenda topics Standardize presentations 4 Ensure council has access to background materials shared network 1 Committee members help inform presentation to council More advance notice if something can't happen at council Don't real all words on PowerPoint During the above brainstorming, discussion included council practice of not taking action at the same meeting as public hearing; the purpose of council meetings to get council to decision point, not to talking to their constituents; public criticism of councilmembers meeting with staff in groups of 2-3; all items on the list worth pursuing. The top priorities, determined via the dot exercise were: #1: Consider a reader board where motion remains visible during discussion #2 Ask questions in advance of meeting Tie # 3 Ensure council has access to background materials (shared network) Tie # 3 Create a legislative calendar with priorities and the path required Tie # 3 More detailed memo with alternatives and pro/con and budget implication B. IDENTIFYING THE CRITICAL FEW Councilmember Olson explained this is a preliminary conversation related to budgeting by priorities. If the City has to get back to basics or if public wants the City to get back to basics, what are the basics, the critical things that regardless of what is going on, the council will always fund and prioritize. She suggested identifying the critical few via a round robin method: • Police • Fire • Sewer (non-GF) • Water (non-GF) Edmonds City Council Approved Minutes February 2, 2024 Page 9 • Stormwater (non-GF) • Roads/transportation • Public safety in context of maintenance • Financial management/stewardship/debt service/budget for reserves • Legal compliance - reporting, ADA, employee value proposition/labor requirements • Climate response/resilience • Human services • Planning • Revenue generating activities (lobbying and grant writing) • Emergency management • Preservation of natural resources • Codes During the above, questions and discussion included the lens for identifying the critical few and whether it essential services, quality of life or surviving a recession; the City's financial situation forcing the council to consider getting back to basics and considering the core purpose of government; what services cities are required to provide under the RCW or WAC versus discretionary funding; level of preparedness or level of service the council is willing to pay for; the function of government; developing relationships with other government agencies to increase efficiencies; the City's core responsibilities now versus in the past; Edmonds' quality of life; having staff enumerate all the programs they administer and citing the law that requires it; cost recovery of recreation programs; determining key services the City must provide; considering the total cost to provide a service not just by department; whether the public is willing to pay more taxes for new services; telling the story to the public; sewer, stormwater, and water are required but are not General Fund funded; services that are offset by fees; considering the effects of cost cuts made today on future generations; doing the best for the most people in the long run; looking at City facilities to determine whether space is being utilized appropriately and/or whether all spaces are needed; conducting a resource needs assessment; space and workforce planning for core services; and the relationship between workspace and employee turnover. C. EMERGENCY MANAGEMENT BRIEFING Police Chief Michelle Bennett explained the former mayor moved emergency management from HR to the police department. She described her background in emergency management in other cities. An emergency management consultant was hired to assist the City; when conducting an assessment, they identified several concerning issues. She relayed on Monday, February 12, there will be a tsunami walk and talk regarding the City's tsunami evacuation route followed by a community meeting on February 29. She will advise council of the location and times. Chief Bennett provided councilmembers the City's current Comprehensive Emergency Management Plan (CEMP) and presented, "Everything You Didn't Known that You Wanted to Know about Emergency Management in Edmonds." • Overview o Edmonds is the largest city in Sno county still contracting this function out. All suburban cities the size of Edmonds in King County do their own EM function so as to ensure they know how to respond and recover from an emergency and disasters. • NIMS and RCW Requirements o Requirements ■ Mandate for training, training exercises, public education, mitigation, recovery. ■ The City is responsible to ensure these functions are met. ■ The City can provide the resources to fulfill these mandates or contract them out — as the city has done for years. Edmonds City Council Approved Minutes February 2, 2024 Page 10 ■ We have been assessing whether contracting this function out has been in the best interest of the city and its community. o Consultants have set up interviews with State DEM, Snohomish County EM, South Sno County Fire and Rescue, Marysville. o Next to interview City Staff and Port of Edmonds Snohomish County Interlocal Agreement o Snohomish County Department of Emergency Management provides regional emergency services for all cities in Snohomish County except Marysville and Everett. The City of Edmonds is the largest city in this current group of contracted cities. o Need to notify Snohomish County by March 31 st if you will sign with them for 2025. o The County collects from the State Homeland Security Emergency Management Program Grant funding for each city about $25,000 this year, for Edmonds. o The City was also paying $124,950 for a "Safety and Disaster Coordinator". o The City needs to decide if they are going all in on building out the Emergency Management Function and hire a FTE dedicated to build the program. ■ This would focus on getting the city readiness capabilities for staff and citizens to be able to prepare for, respond to, and recover from Emergencies. - Or will the city remain in the partnership with the County. o City has a contract through the end of 2024. The fee for 2025 will be $59,000. ■ It includes one Public Education Outreach and one agency specific exercise for each city. Also includes training that Edmonds can send staff to. ■ They coordinate Regionally on information and planning. ■ They do not staff the Edmonds EOC or write all the plans that are specific to Edmonds. o Having our own Emergency Manager and dropping out of the Snohomish County contract will give us the $84k back for our own emergency management. ■ A $41,000 cost in total versus the $124,950 o The city can do a hybrid agreement to partner with them on ensuring you have a valid Hazard Mitigation Plan and Emergency Notification until we can afford to provide our own. Comprehensive Emergency management Plan (CEMP) o Required by the Federal Government FEMA and State Law Updated every five years o The CEMP outlines how the City will prevent, mitigate, respond, and recover from emergencies. It describes each department's roles and responsibilities. It describes what authorities are given for the City to respond to and manage emergencies in their legal jurisdiction. o Our current CEMP reads like a template from the ESCA (Emergency Care Systems Assessment) days and refers to this now defunct entity. o Our current CEMP refers to the wrong highways (1-5 and 405) and refers to procedures we don't have. o It also doesn't cite plans/policies we do have. o Relevant SOPS, SOGs, Appendices and Annex are not included or referred to in the current CEMP. o Ordinances are referenced that aren't all valid. o To date we cannot confirm if the City Council ever approved this plan. CEMP Issues o The letter of Promulgation that is in the front of the Emergency Plan is one from 2017. o The date was empty - just the year 2017 and the signatures were the Mayor in 2017 and the Snohomish County Director in 2017. o The City Clerk's Office said it was on the Council Schedule for Jan. 3, 2023, but there are no council notes for that date. No signed Promulgation. o A blank Promulgation for 2023 was located in the files of the former Disaster Coordinator. Edmonds City Council Approved Minutes February 2, 2024 Page 11 ■ It has Mayor Nelson's name on it and the Acting Director of Snohomish County Emergency Management Dara Salmon. - Ms. Salmon said she never saw the document and didn't sign it. - Ms. Salmon said typically she would have been at the Council Meeting to explain their role. o The authorities' section of the CEMP asks that you list all City, State and Federal Authorities used for this version of the plan. ■ Edmonds listed: - Ordinance 2224 - This was a 1981 Ordinance that added a new section to EMC 6.60 Disaster Preparation and Coordination. Since 6.60 has been updated a couple times since 1981 this no longer is need to support this plan. - Ordinance 4185 - This is a 2020 Ordinance that was updating some language from EMC 6.60. However, it refers to the City's former Emergency Management agreement with an agency called ESCA. ESCA closed their agency in 2015. This Ordinance should not be in this section. - EMC 6.60 was updated in 2022. - None of the authorities referenced in this section referred to the 2005 Homeland Security mandate that all governments adopt the National Incident Management System (NIMS) as their incident management plan. o In a request for all the ordinances and laws concerning the Edmonds EM function, a couple others were referred to us, but NIMS wasn't one of them. ■ NIMS language is typically found in the agency's main emergency management code, like EMC 6.60. o The consultants found Resolution 1084 from 2005 where the City did adopt NIMS, in a random training file from Public Works. It needs to be added to page 3 or rolled into 6.60. o Introduction of CEMP page 3. This refers to the three sections of the CEMP. Basic Plan, Emergency Support Functions (ESF's) and the Incident Specific Annexes: Evacuation and Movement, Damage Assessment, Debris Management, Animal Disaster Protection and Pandemic Response. ■ The Incident Specific Annexes are not in the CEMP. They aren't listed in the Table of Contents either. ■ Our consultants located these in draft form on the SharePoint site that the former Disaster Coordinator was using. They need to be completed. o One example is located in ESF 10 - Hazardous Materials. Under the title "Situation" - it refers to two highways not in Edmonds and leaves out significant highways like HWY 99, 104 and 96. ■ "Hazardous material incidents may occur anywhere and at any time within the city. The city is impacted by major transportation routes which are used to transport hazardous materials. These include Interstate Highways 5 and 405.Other primary routes include State Routes 527 and 96, as well as Burlington Northern Railway lines. " o A theory is someone in the city cut and pasted a different plan but failed to update to city of Edmonds specific information. o Snohomish County has an approved CEMP plan, and the City has paid through 2024, so this helps. o However, Snohomish County advised that Edmonds should do an annex to their Sno Co plan and asked all the cities to use their template to be an annex to their plan. The Cities of Edmonds and Lynnwood opted out and wanted to do their own plans. o The Edmonds Plan was never submitted to Snohomish County for review. Hazard Mitigation Plan (HMP) and Prevention Strategies o Mandated by the Federal and State Government and updated every five years. o Review of 2019 Process for 2020 Plan and what went wrong: Edmonds City Council Approved Minutes February 2, 2024 Page 12 The 2020 HMP Plan — Staff (Planning, Public Works, and Disaster Coordinator) at the City worked from late 2019 with staff at the Snohomish County Department of Emergency Management and completed their annex in October 2020. This work wasn't taken to the City Council for approval in 2020 or 2021. The City had one year to get it approved by the City Council by the end of 2021 and it was not done. In 2023, the County worked to get the City "grandfathered" into the Snohomish County plan if the City could get the plan approved - However, as there was no movement on this by April 2023, FEMA refused to give any more extensions. - FEMA also made some key requirements about what needs to be in all plans going forward. FEMA recommended that Edmonds concentrate on getting the 2025 plan done in 2024. HMP: Consequences o If a disaster occurs before a new plan is authorized, the City can apply for 70% Federal reimbursement on some of their losses and expenses, but not to the level they could if they had an approved plan. The city at this point will only be reimbursed to the standard it was prior to the loss, instead of to the newer building or restoration codes. ■ Loss of City Hall as an example. - Can't rebuild it if it falls to today's building standards. o Review Process for 2024/2025 ■ The County will begin this process soon. - Snohomish County will provide the Mayor and Council with a copy of the Mitigation Strategies chart, Edmonds Hazard Mitigation Annex (the one that does not appear to have been approved by Council). 13 These can be carried over into the 2025 plan, they just need to be updated. 13 The Grid should be turned into a work plan. Other Emergency Management Issues o Whole Community Engagement ■ This is a Federally recommended concept and also a Washington State mandate to be grant eligible. ■ This is a process that regularly engages the "whole of community" that the organization is in and seeks to obtain continued and coordinated stakeholder involvement. ■ The City has established a Community Committee such as this which is made up of a diverse cross section of the city. - The Mayor and Chief are scheduled to meet with them at the end of February to give them an update of the EM o Grant writing capabilities ■ If the city had a grant writer, there are millions of dollars available for hazard mitigation and emergency management, including looking for a grant for a new EOC that meets standards, or pay for an Emergency Manager. o Emergency Operations Center (EOC) / Facilities ■ The current primary EOC is in the PD training room, ■ The secondary EOC is in the Public Works conference room ■ Per building codes, an EOC location must be designed to withstand the impacts of the likely hazards such as an earthquake, etc. (same with hospitals and schools). - We have been trying to verify with Planning and Development what standards the Police Department and City Hall were built to. ■ There is a possibility of a future creation of virtual EOC using Microsoft Teams o EOC staffing, training, exercises ■ A & B teams (first operational period, and then relief for a second operation period) for staffing the EOC is being constructed now. Edmonds City Council Approved Minutes February 2, 2024 Page 13 ■ NIMS/ICS training compliance for city staff is now being assessed - Survey will soon be sent by the Mayor - Should be forwarded to HR for personnel files, versus separate training files o Emergency worker programs ■ South County Fire & Rescue is conducting CERT training; however, volunteers need to be registered and managed through EM/EOC activations ■ We have HAM Radio volunteers ■ When we have our own program, we would register these folks into our own program (records check, etc.) - They are kind of in a stasis. o Alerts and Warnings ■ Currently using the County's license to do Alert and Warning reacting to incidents. This system is called RAVE ■ City license for RAVE - manage community notifications - will expand the capabilities to send proactive and reactive messages. (Approx $17,000 for a license). - Other messages could include car prowls, burglaries, etc. that Sno Co currently does not send out. ■ If we get our own RAVE, we could pay the license versus the Sno County DEM contract paying for it. Questions and discussion followed regarding code requirements to rebuild damaged structures to current standards, availability of emergency management grants, building permits issued for seismic improvements to city buildings, function of the EOC, facilities the City has agreements with where the EOC could be located, the consultant's recommendation that staff who receive training provide certificates to HR, having CERT-trained individuals who speak various languages, the City's former emergency management coordinator's efforts, considering the location of employees' residences when providing training, (ability to respond to EOC in a disaster), public education regarding emergency management, personnel in other fire districts who live out of state, proximity of police department personnel's residences to Edmonds, and emergency routes. 7. CLOSING COMMENTS Mayor Rosen reviewed next steps including distribution of Steve DiJulio's PowerPoint, distribution of the new draft agenda memo to council and director for feedback, updating the CEMP, and distribution of the list of meeting efficiencies and taking action on the priority items as possible. Mayor Rosen invited attendees to comment on a takeaway from today's retreat or a goal for 2024: • A big takeaway was discovering the CEMP not approved. • Pleased to have an opportunity to come together on February 2. Already started on some meeting efficiencies. The more efficient and informed the council is, the better • Hope for 2024 is increased collaboration and communication amongst ourselves and the public and regionally. Address problem upstream rather being reactionary. Collaboration and communication and upstream thinking provide a strong base for fundraising • Takeaway is reference to budgeting for reserves, a cultural shift from the prior practice of spending down the reserve to provide more services. Look forward to identifying and implementing sustainable revenue streams to fund city operations sustainably. • Encouraged with the fact that staff and council are talking more and things are already happening behind scenes. The council needs information that shows impacts now and in future. The council can't do everything and needs to tell the public what the City can/cannot deliver and make decisions based on sustainable effort/services. The CEMP is on the City's website; the map shows arterials Edmonds City Council Approved Minutes February 2, 2024 Page 14 and routes. The public works maintenance crew knows all the emergency routes and are good at coordinate with the police when something happens. • Hope for 2024 is to continue to build trust in each other to inspire the community's trust in government • Takeaway was process related to meeting efficiency and learning staff s interests and frustrations are similar to council's. • Hope for 2024 is for more robust financial reporting • A lot of discussion today was around big rocks. Look forward to collaborating and focus on moving the big rocks forward this year. It helps that some of the curtains have been pulled open such as regarding the CEMP and financials; see the situation and deal with it. • Takeaway is it's nice to see everyone talking in friendly and collaborative ways. Appreciate councilmembers working with staff to make the City the best it can be. All the directors are committed to collaboration and coordination and doing the best job for the City and citizens. The City has a bright future moving forward, things can be fixed and it will be okay. • CERT training is available through South County Fire beginning March 24. • Appreciated today's discussions and the opportunity to hear from directors who are subject matter experts. This year will be transformative due to the biannual budget, hope can focus on revenue. There are aspects the council needs to consider and this a great start. Very hopeful for the coming year • Takeaway is a reminder that everyone is here for the Edmonds community. Looking forward to better, healthier working relationships and more respect. Directors are here to support council in making decisions; council should trust directors to know what they are doing. • We are all here with an important purpose, to get a lot done. Hope for 2024 is not rush, but work with a sense of urgency and get a lot of things done. Today's discussion illustrates everyone's expertise is valued. Hopeful today's open dialogue will continue. If stay grounded around our common purpose, we can get a lot done. • If the vibes of today carry through for the remainder of the year, we will get a lot done. • Excited about the prospect of more efficient meetings. • We can all work together as illustrated today. Nice to see everyone in the same room, having a conversation • Excited about having a legislative calendar. • Loved Steve DiJulio's presentation, learned some things and also reinforced some things. If we follow that structure and honor civility and professional respect, we can get a lot done. With the CEMP in mind, the financial situation is not an actual crisis. Important to work with urgency, take advantage of opportunities and remember quality of life. • Filled with hope due to the energy, collaboration and respect that took place today. Have experienced it with councilmembers and directors. Have been meeting one-on-one with staff and groups of staff, the universal truth is they love the City and many have worked for the City a long time. In my experience, when things get hard, people either become survivalists or they come together and fix it.. Edmonds has a very engaged residency that pays attention and the vast majority are filled with hope and want to help. ADJOURNMENT With no further business, the council retreat was adjourned at 3:57 p.m. Edmonds City Council Approved Minutes February 2, 2024 Page 15 SCOTT PASSEY;tKCLERK Edmonds City Council Approved Minutes February 2, 2024 Page 16