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2024-07-09 Council Minutes Edmonds City Council Approved Minutes July 9, 2024 Page 1 EDMONDS CITY COUNCIL MEETING APPROVED MINUTES July 9, 2024 ELECTED OFFICIALS PRESENT Mike Rosen, Mayor Vivian Olson, Council President Chris Eck, Councilmember Will Chen, Councilmember Neil Tibbott, Councilmember Michelle Dotsch, Councilmember Susan Paine, Councilmember Jenna Nand, Councilmember STAFF PRESENT Michelle Bennett, Police Chief Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator 1. CALL TO ORDER/FLAG SALUTE The Edmonds City Council meeting was called to order at 6:59 pm by Mayor Rosen in the Council Chambers, 250 5th Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Chen 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.” 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 4. APPROVAL OF AGENDA COUNCILMEMBER CHEN MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 5. AUDIENCE COMMENTS Peter Moon, Edmonds, a resident on Olympic View Drive, recalled expressing concern to the council last year about traffic speeds on Olympic View Drive. Residents were encouraged to participate in the 2023 traffic calming study which resulted in the installation of four speed tables along Olympic View Drive. He thanked the council, mayor, public works, city engineering and in particular Transportation Engineer Bertrand Hauss for listening to the neighbors’ concerns. The speed tables have been very successful at slowing traffic. He recognize not everybody is happy about the speed tables; some vehicles honk as they go over the speed tables to cast their vote of displeasure to which the neighbors respond you’re welcome. Edmonds City Council Approved Minutes July 9, 2024 Page 2 Some drivers cross the speed tables at a reasonable speed and then gun their engine as they go past. The complaint he likes the most is residents along Olympic View Drive beyond the fourth speed table who ask why they didn’t get speed tables in their area and are now participating in the 2024 traffic calming study. He conveyed the neighborhood’s appreciation and recognized the City for listening to their concerns and taking action in a cost effective and sustainable way. He encouraged the City to consider additional speed tables where warranted. When the October survey comes out, he guaranteed there would be overwhelming support from residents along Olympic View Drive. 6. RECEIVED FOR FILING 1. WRITTEN PUBLIC COMMENTS 2. BLUE RIBBON PANEL DELIVERABLES 7. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL MEETING MINUTES JUNE 25, 2024 2. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS 3. APPROVAL OF PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 4. ACCEPTANCE OF CITY OF SHORELINE MINUTES 8. COUNCIL BUSINESS 1. LEGAL ASSESSMENT COMMITTEE PROPOSED WORK PLAN Councilmember Nand relayed the two person working committee, she and Councilmember Dotsch, that formed in 2023 have had robust monthly discussions about how to approach an annual assessment for the city attorney and the city prosecutor. Bob Berkowitz currently manages the public defense contract with the Snohomish County Public Defenders Association so the committee is concentrating its assessment on the city attorney and city prosecutor. After input from Council Executive Assistant Beckie Peterson and from representatives of Lighthouse (city attorney) and Walls Law Firm (city prosecutor), the committee proposes conducting the assessment in an interview format. She referred to the proposed work plan which identifies categories of people who will be invited to private interviews with members of the legal assessment committee. Councilmember Nand continued, if the council approves the committee’s work plan tonight, the committee will identify specific members of the administration and courts and submit the list to the council for approval on the consent agenda and establish a schedule of interviews with those individuals where they can provide candid feedback on their interaction with the city attorneys and city prosecutors. The committee intends to provide a short memo, 2-3 pages, summarizing the results. Council President Olson thanked the committee for the work plan. She asked whether the categories on prosecutor would be automatic, commenting she had not had an interaction with the city prosecutor in her 4+ years on council so she would not assume she would be involved in any interviews. She asked if the committee’s invitation to participate in interviews would ask if they had had any involvement with the city attorney and/or city prosecutor. Councilmember Nand answered the committee decided to encourage people to participate rather than making interviews mandatory and assumed people who have had interactions with the city prosecutor and/or city attorney and had something to say would engage with the committee. Edmonds City Council Approved Minutes July 9, 2024 Page 3 Councilmember Paine asked if the summary that should be publicly available or shielded because it is a performance review. Councilmember Nand answered the interviews will be private. Councilmember Dotsch and she will take notes which will probably be considered transitory and not retained for a significant period of time. Their intent is to produce a memo summarizing the results, highlighting critiques and general feedback anonymously. They also plan to have a private meeting with a rep of each firm to provide them feedback before the memo is published in the packet and to the public. Councilmember Paine agreed some things should be public, but she was unsure the assessment and the review should be public, particularly for the city prosecutor due to their constrained body of work. Councilmember Nand referred to language in ECC 2.05.035 which states the committee is empowered to perform an annual assessment of the city prosecutor and the city attorney. This will be the first year the committee will assess the city prosecutor’s performance; they will endeavor to do it in a way that is appropriate and also provides value to the council and to the vendors themselves. Councilmember Nand invited Councilmember Paine to provide the committee additional feedback. Councilmember Paine said conducting an assessment is totally appropriate and she anticipated the committee would do a wonderful job, but making it public creates a different set of issues. Councilmember Chen thanked Councilmembers Nand and Dotsch for coming up with assessment proposals. He asked about the criteria for the assessment, whether it was the outcome of a lawsuit, effectiveness in advising City government, etc. Councilmember Nand answered if the council approves the committee’s work plan, the next step is for the committee to develop a list of survey questions and proposed interviewees that would be submitted to the consent agenda for council approval. The committee contemplates open ended questions on various criteria similar to what the legal assessment subcommittee used in its performance evaluation in 2023. The committee plans to invite members of the administration and court who regularly interact with the city attorney and city prosecutor to provide specific feedback. Councilmember Chen asked if the committee could include those questions in the packet. Councilmember Nand explained the committee’s intent was to include the questions on the consent agenda following council approval of the work plan. Councilmember Chen observed there was no specific action proposed to be taken. He suggest this come back to a future meeting on consent. Councilmember Nand said she and Councilmember Dotsch wanted council approval of the format for the legal assessment; if the council approves this method, the specific questions and list of people to be interviewed would be on a future consent agenda. Councilmember Chen said he will abstain from the vote as he would like to see more actionable criteria or a questionnaire. He did not understand what the plan was other than to conduct interviews and draft a memo. Councilmember Nand said the committee discussed alternatives for performing a legal assessment such as an electronic survey which was done by the legal assessment subcommittee or in-person interviews. The committee is proposing to do in-person interviews and if the council approves that format, they will draft questions and list of perspective interviewees to the consent agenda for approval. COUNCILMEMBER NAND MOVED, SECONDED BY COUNCILMEMBER DOTSCH, THAT THE COUNCIL APPROVE THE 2024 LEGAL ASSESSMENT COMMITTEE WORK PLAN. Councilmember Nand said after robust discussion and consultation with vendors, the committee believes this method will yield the most useful and candid responses for the committee, for the council and the public in general. She hoped the council agreed and approved this method of assessment of the City’s legal vendors. MOTION CARRIED (6-0-1), COUNCILMEMBER CHEN ABSTAINING. 2. FIREWORKS UPDATE AND OPTIONS Edmonds City Council Approved Minutes July 9, 2024 Page 4 Police Chief Michelle Bennett provided handouts to council, relaying the crime analyst prepared this information for ease of visibility related to 4th of July enforcement this year. As reported in the local newspaper, the police department actually wrote infractions this year. Based on information prepared by the public information officer, there were 2 infractions, 4 warnings, 6 patrol information only broadcasts, 2 settled by contact, 17 gone on arrival, 2 unfounded, and 2 other for a total of 35 fireworks complaints responds, compared to 37 last year. The biggest fireworks-related incident was at Hickman Park where yet again a portable toilet was fireworked and the side wall blown out, approximately $370 in damage. Last year the entire portable toilet was destroyed by fire. Although this year’s damage was still horrible, it was half as bad as last year. Chief Bennett highlighted a July 4th statistical comparison; there were fewer firework calls this year compared to last year, fewer overall calls, a grand total of 114 calls this year, compared with 131 in 2023. This year’s calls included a response to a domestic violence case and a welfare check, both time consuming calls. The department did significant more traffic stops than the previous year. In the graph of calls for service by type, fireworks calls were the most common call the department received along with 911 calls. A number of parking enforcement tickets were written this year and last year. Councilmember Eck found the information provided fascinating and really helpful. She referred to the analysis and asked what the category “foot” meant. Chief Bennett answered the person was seen walking around on foot. Councilmember Eck asked about the “animal” category, whether it was a loose animal Chief Bennett answered calls are typically categorized by type, it could be a loose animal, someone complaining that their animal was disturbed by fireworks, etc. Councilmember Eck asked about special ops. Chief Bennett answered special operations is a category of calls. Councilmember Eck was glad the department was issuing citations. She thanked the police department for their work, commenting it was good to see that the grand total was down from last year. Councilmember Paine commented the comparison of this year to last year was very interesting. She anticipated the number of calls and violations will ultimately be reduced and she was sure people will keep close watch on the portable toilets at Hickman Park for the foreseeable future. She asked if any jurisdictions prohibits the possession of fireworks, noting her Google search found Whatcom County does. She asked if that would be an opportunity to tighten things up and make it easier for law enforcement. Chief Bennett answered there are multiple ordinance related avenues the council could choose to escalate enforcement; the ordinance was last revised in 2022. When she worked in Sammamish, it was difficult to enforce the fireworks ordinance due to difficulty identifying where fireworks were coming from, for the police to arrive while someone was actively setting off the fireworks, and to identify the person setting off the fireworks. Chief Bennett continued, in Sammamish, a lot of people set off fireworks on their private property behind fences or on a dock so it is difficult without a search warrant to gain entry to identify who is setting off the fireworks. Sammamish’s solution at that time was to cite whoever was in control of that property, similar to furnishing a premise to minors to drink alcohol. In that case, whether the person in control of the property is home or not when juveniles are drinking, they are held liable and responsible for that occurring on the premise. The same logic is translated into fireworks; if someone is setting off fireworks on a property regardless of whether the landlord, property owner or tenant is present. That solved the problem of trying to determine who is setting off fireworks if an officer could see from the street where fireworks were being set off. Councilmember Paine asked if that changed behavior in Sammamish. Chief Bennett said it was definitely talked about; she left the city shortly after that ordinance was passed so she would need to research how it worked out. Councilmember Paine said she would be curious to know. Edmonds City Council Approved Minutes July 9, 2024 Page 5 Councilmember Paine asked if there were other opportunities. Chief Bennett said she has heard anecdotally from people that there seemed to be fewer fireworks this year, although if fireworks were going off next door, people may have felt there was a great increase. Signs are put up at the entrances to the City saying fireworks are illegal and there is a social media burst saying fireworks are illegal and demonstrating the hazards such as fires and injuries She acknowledged nobody likes to give a citation on the 4th of July for setting off fireworks, if someone is aware it is a violation and they have the mindset to do it anyway because the police won’t do anything and then the police don’t do anything, that highlights that assumption. By taking enforcement action when a violation is viewed, it shows the community the police department is serious, it is damaging and dangerous, and is not allowed. Some laws are more onerous and it will be up to council to decide whether to have staff research addendums to the law related to possession of fireworks, citing property owners, etc. The department is happy to research whatever the council is interested in. Councilmember Paine relayed per RCW, some fireworks are banned in the state of Washington with the exception of tribal land. Chief Bennett commented people often purchase fireworks on tribal land and bring them into the community. Council President Olson said she requested this agenda item due to interest a couple years ago in increasing the penalty due to the danger and the need to put a stop to fireworks, but then there wasn’t enforcement. In conversations leading up to the 4th of July this year, Chief Bennett relayed the approach in the current ordinance doesn’t give the police the tools they need which led to having this conversation. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO ASK THE POLICE CHIEF TO BRING THE COUNCIL HER BEST RECOMMENDATION ON WHAT SHE THINKS THE COUNCIL SHOULD BE DOING IN THE ORDINANCE, EITHER ALONE OR IN CONJUNCTION WITH THE CITY ATTORNEY. Chief Bennett asked if she could provide a menu of options. Council President Olson answered yes, especially with pros and cons for each approach. It may be that the current ordinance can be retained with the addition of the ability to cite the property owner/tenant. Councilmember Nand expressed her strong support for the motion. She relayed apparently fireworks today are much more powerful that the fireworks councilmembers set off as children. There is also risk due to drought, risk to wildlife, as well as impacts to members of the community suffering from PTSD. There are many ways to enjoy fireworks and light shows without engaging in this activity on private property. She thanked Chief Bennett and the police force for their enforcement on 4th of July. She expressed dismay with the destruction of the portable toilet in Hickman Park and that bad behavior, commenting although it’s difficult, parents should try to know what their teenagers are doing. Councilmember Dotsch commented it appears this is the first year infractions were issued. Chief Bennett answered there were legal issues last year related to enforcement; this year the department was legally able to issue infractions. Councilmember Dotsch asked if the options were related to writing infractions or to diminish setting off fireworks; she wondered what was being measured. Chief Bennett answered it is a multilevel approach that includes social media, education, signage as well as publishing the fine for setting off fireworks which is a tiered system based on the number of offenses. The council could also consider possession of fireworks as violation and/or citing property owners/tenants for fireworks set off on their property. That will address fireworks violations, but it won’t address people in a cul-de-sac setting off fireworks because the misdemeanor rule requires it occur in an officer’s presence. The department can also do extra enforcement patrols; that was not done this year due to overtime budget issues. She summarized there are a number of different tactics that can be considered. Edmonds is trending in the right direction by informing the community that the police department takes this very seriously due to what it does to animals, people suffering from PTSD, wildfire danger, injuries, etc. She encouraged the public to watch fireworks shows that have safety regulations. Edmonds City Council Approved Minutes July 9, 2024 Page 6 Councilmember Dotsch asked if the signage at the entrances to the City was new. Chief Bennett answered this is her fourth 4th of July in Edmonds; the signs have been displayed most years. There was more social media this year and once the ordinance was updated, officers have made a concerted effort to explain if they see an adult setting off fireworks, they can expect a citation. The City has a no tolerance policy because the city council is serious which is why the ordinance was passed. Councilmember Dotsch asked if there were other preemptive things that could be done, wondering what was done differently this year compared to last year. Chief Bennett agreed preemptive education was always best. This year she told officers if they see it, cite it, which was different than last year when officers were unable to issue citations. Mayor Rosen restated the motion: ASK THE CHIEF TO BRING OPTIONS AND RECOMMENDATIONS TO COUNCIL REGARDING POTENTIAL ACTIONS THAT WOULD REDUCE THE USE AND IMPACT OF FIREWORKS. MOTION CARRIED UNANIMOUSLY. 9. COUNCIL COMMENTS Councilmember Nand thanked the Chamber for their incredible work on the 4th of July parade. She recognized the many electeds who participated and the grand marshal who was in the audience. She was glad there were no serious fires or injuries reported in the city due to fireworks activity on the 4th of July. Councilmember Paine said she had a wonderful time at the 4th of July parade with marsh advocates. She commented on the marvelous turnout on a perfect day. She commented on the impact of the Albertsons and Kroeger consolidation; 124 Safeway and QFC stores in Washington have been identified for potential closure including the QFC on 100th/SR-104, the QFC on 196th, the Safeway at 19500 Highway 99, and the QFC on Richmond Beach Road. She encouraged anyone who is concerned to contact Kroeger or the State Attorney General to prevent closure of those stores. The list of stores that potentially would be closed was published in the Seattle Times. Councilmember Dotsch congratulated the Chamber on the fantastic parade and the variety of floats and acts, people having a fabulous time in the beautiful weather. She recognized the Chamber for their hard work every year to put on the 4th of July parade. Council President Olson gave everyone a shout out for a happy and healthy summer. There is so much to celebrate and enjoy in Edmonds including the Concerts in the Parks on July 14, 21, 28, August 4, 11, 18 and 25 at City Park (August 25 at Hickman Park) at 3 pm; and concerts at Hazel Miller and at the Port. Further information is available on My Edmonds News and the Edmonds Beacon. She reminded not to leave animals or babies in cars for even short periods of time due to how hot car interiors get even with the windows cracked. As a lifeguard and swim coach, she reminded no one is a good enough swimmer when there is an undertow or in rivers. She urged great caution and to obey signs that say not to swim in certain places. Councilmember Tibbott agreed Edmonds is one of most fun places to hang out in the summer. When friends in other parts of the country ask them to visit, he says he can’t come in the summer. The 4th of July parade was a lot of fun and it was great to see the community come together as well as a number of visitors. Councilmember Chen said he particularly liked Councilmember Tibbott’s appearance in the parade on a bicycle. He had a lot of fun at the parade, and in addition to the events highlighted by Council President Olson, he pointed out a unique community event, the Dragon Boat Festival, on August 4 at the Waterfront Edmonds City Council Approved Minutes July 9, 2024 Page 7 Center. Along with other performances and activities, there will be a dragon boat display in the parking lot and one in the water that people can sign up to paddle. Councilmember Eck expressed her gratitude to the Chamber for the wonderful parade, a great attraction for the region and something to be proud of. She asked for a moment of silence to honor Jayda Woods-Johnson who was shot and killed at the mall. Although she may not have been from Edmonds, she was part of the Edmonds community. Her death hit home for everyone and there were not enough words to say how shocking and tragic it was. 10. MAYOR'S COMMENTS Mayor Rosen commented Edmonds is located at the corner of art and nature and this is the time of year to celebrate that. To those responsible, he requested the honey-buckets in Hickman Park be left alone. ADJOURNMENT With no further business, the Council meeting was adjourned at 7:44 pm.