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2021-07-06 City Council - Full S Agenda-29069 o Agenda Edmonds City Council SPECIAL MEETING - VIRTUAL/ONLINE VIRTUAL ONLINE MEETING EDMONDS CITY COUNCIL MEETINGS WEB PAGE, HTTP://EDMONDSWA.IQM2.COM/CITIZENS/DEFAULT.ASPX, EDMONDS, WA 98020 JULY 6, 2021, 5:30 PM DUE TO THE CORONAVIRUS, MEETINGS ARE HELD VIRTUALLY USING THE ZOOM MEETING PLATFORM. TO JOIN, COMMENT, VIEW, OR LISTEN TO THE EDMONDS CITY COUNCIL MEETING IN ITS ENTIRETY, PASTE THE FOLLOWING INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM. US/J/95798484261 OR JOIN BY PHONE: US: +1 253 215 8782 WEBINAR ID: 957 9848 4261 PERSONS WISHING TO PROVIDE AUDIENCE COMMENTS USING A COMPUTER OR SMART PHONE ARE INSTRUCTED TO RAISE A VIRTUAL HAND TO BE RECOGNIZED. PERSONS WISHING TO PROVIDE AUDIENCE COMMENTS BY DIAL -UP PHONE ARE INSTRUCTED TO PRESS *9 TO RAISE A HAND. WHEN PROMPTED, PRESS *6 TO UNMUTE. IN ADDITION TO ZOOM, REGULAR COUNCIL MEETINGS BEGINNING AT 7:00 PM ARE STREAMED LIVE ON THE COUNCIL MEETING WEBPAGE, COMCAST CHANNEL 21, AND ZIPLY CHANNEL 39. "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. - CITY COUNCIL LAND ACKNOWLEDGMENT CALL TO ORDER COUNCIL BUSINESS 1. Council Discussion Regarding Resuming in -Person Meetings (45 min) ADJOURN Edmonds City Council Agenda July 6, 2021 Page 1 2.1 City Council Agenda Item Meeting Date: 07/6/2021 Council Discussion Regarding Resuming in -Person Meetings Staff Lead: Susan Paine Department: City Council Preparer: Maureen Judge Background/History Due to the COVID Pandemic, Governor Inslee issued an emergency declaration in March 2020 banning all in -person gatherings; the Council has been meeting virtually via Zoom since that time. The Governor has lifted the room capacity restrictions for this health emergency, this past week. The Council will begin in -person meetings as soon as feasible. Personal safety remains a concern; and Council must determine the best course of action for reopening the Council Chambers for themselves, staff, and the public. Staff Recommendation N/A Narrative Council is asked to consider when to re -open and chose the alternatives to safely conduct public meetings in -person in Council Chambers. The Council will also be discussing how to bring in both virtual and in -person attendance by all of our contributors. The Council is also asked to consider how Committee meeting nights will take place going forward as the Municipal Court and the Council share the same space and there are potential ongoing time conflicts. Attachments: Council resuming in person meetings MRSC - Washington State Reopening Where Things Stand as of June 30 2021 Packet Pg. 2 2.1.a Council Resuming in -Person Meetings Background and Update: In March last year, we left having our Council meetings in our Council chambers in a bit of a hurry. On June 30t", Governor Inslee announced the state's reopening plan. While the health emergency proclamation is still in place, many conditions have changed. The linked (and attached) MRSC article is a good summary of those changes. MRSC article from July 1, 2021 Resuming our in -person meetings requires our discussion and decision -making on the following issues: 1. When do we resume in -person meetings? Because we share the space with the Municipal Court, COVID has created a few scheduling challenges. A fast approaching issue is how to accommodate Council Committee nights (2"d Tuesdays). Currently, the courtroom isn't available until 6pm on Tuesdays. It would be difficult to resume in -person Council meetings before July 20tn 2. Committee Nights: What do we want to do? a. Do we want to go back to the prior system of meeting at Council Chambers and forego the regular city Council meeting? b. Have the committee meetings begin earlier in the evening and the committees can meet in separate rooms then we would come together at 7pm for a regular Council meeting? 3. Council meeting options: a. Fully Remote (What we're doing now.) b. *Hybrid A: Type of participation is fully optional, anyone can be in -person or participate via Zoom. C. *Hybrid B: Elected officials and staff participate in -person while residents and others have the option to be remote. *Note: Participants on Zoom will not be visible on screen and will be voice only 4. Public Comments: 1 Packet Pg. 3 2.1.a Will we continue to take public comments via email? The chambers will be open and the public can come in person and speak for three minutes at the podium as well as on Zoom, if we go with a hybrid option? Other considerations: • From City Clerk Scott Passey - "The more mixed the participation there is by Council, the more likely it is that all votes will have to be Roll Call. In other words, if everyone is remote or present in chambers then votes could be done like normal, if there is a mixture of some at home and some in chambers, a Roll Call vote will often be required." • We don't have an option for captions without Zoom at the moment. Do we want to look at the feasibility and costs for adding this feature? • Are we able to limit the room capacity? No • Are we able to require masks? No, but signage will be installed stating that "Masks are required for unvaccinated people." 2 Packet Pg. 4 MRSC - Washington State Reopening: Where Things Stand as of June 30, 2021 7 o-MRSC Local Government Success Washington State Reopening: Where Things Stand as of June 3092021 July 1, 2021 by Jill Dvorkin Category: COVID-19 that goes into effect July 1. This blog will briefly touch on the details of each of these changes. Workplace Guidance Updated c Governor Jay Inslee announced the N details of the states reopening plan in M a press release issued on June 29. As 2- anticipated, businesses and agencies - may now fully reopen, with capacity U) limits and physical distancing requirements eliminated (with very u) minor exceptions) and the rules surrounding masks modified. Workplace safety guidance has been CD updated, and industry -specific guidance has been largely rescinded. The governor also released the details C of the eviction moratorium 'bridge' a 0 as r U) c 0 a� cc All employers (including local governments) are required to follow the Washington State Department of Labor & Industries (L&I) revised Requirements and Guidance for Preventing COVID-19 (Publication F414-164-000), effective N June 30. r Masks continue to be required for unvaccinated workers in indoor settings, and the regulations impose a vaccination E verification requirement if the employer plans to allow vaccinated employees to go without a mask indoors. The employer must also document how it has verified vaccination status, and the guidance lists acceptable types of Q https://mrsc.org/Home/Stay-Informed/MRSC-Insight/July-2021/Washington-State-Reopening.aspx Page 1 of 5 Packet Pg. 5 MRSC - Washington State Reopening: Where Things Stand as of June 30, 2021 7 verification. (MRSC advises that elected officials and volunteers of an agency be treated as employees for purposes of this vaccination verification requirement.) c The L&I rules recommend but do not require physical distancing of unvaccinated employees. Additionally, a workplac t can continue to require masks and additional protective measures for all employees. E a� While this guidance is at the state level, local health departments may also have more stringent requirements and should be consulted. L Industries where masks continue to be required for all employees are: M c • Health care (long-term care, doctors offices, hospitals), 0 v, • Public transportation (aircraft, trains, buses, road vehicles — in accordance with the Centers for Disease Control and N Prevention public transportation order), o • K-12 schools, childcare facilities, and day camps in locations where children are present or expected to be present, • Correctional facilities, and 0 • Homeless shelters. o N O M All other industry -specific guidance has largely been rescinded. This includes a number of documents that previously applied to local governments, such as guidance on Professional Services, Public Transportation, Libraries, and other areas. w 0 v, cc While the public health emergency remains in place at the local, state, or federal level, employers must accommodat I CU any employee's voluntary use of personal protective equipment (with limited exceptions related to workplace safety N and operations) — see Laws of 2021, ch.146 (SSB5254). In other words, if a fully vaccinated employee wants to continue voluntarily wearing a face mask for the duration of the declared emergency, even if it is no longer required b the state or the employer, the employer generally must let them. This remains true even if a local jurisdiction has CD terminated its own emergency declaration, so long as the governor's statewide emergency declaration or a presidential emergency declaration is still in effect. a� a Changes to Capacity Limits and Physical Distancing All industry sectors previously covered by guidance in the Healthy Washington — Roadmap to Recovery_ or the Safe v Start Reopening Plan (Proclamation 20-25.13) may return to usual capacity, with limited exceptions for large indoor events, which includes any event with more than 10,000 simultaneous participants in an indoor, enclosed space. 0 a, From the updated Healthy Washington - Roadmap to Recovery_: c N cc Large indoor events are defined as any event with more than 10,000 simultaneous participants located in an indoors enclosed space. Large indoor events are restricted to 75 /o capacity, unless vaccination verification is occurring. If vaccination verification is occurring prior to entry, and the venue requires all attendees be vaccinated, there are no capacity restrictions. However, we will not allow vaccinated sections as a way to go above 75 A capacity unless all attendees are vaccinated. No physical distancing requirements apply and attendees must follow the current masking requirements. Q https://mrsc.org/Home/Stay-Informed/MRSC-Insight/July-2021/Washington-State-Reopening.aspx Page 2 of 5 Packet Pg. 6 MRSC - Washington State Reopening: Where Things Stand as of June 30, 2021 7 The return to usual capacity is also true for the in -person component of public meetings subject to the Open Public Meetings Act (OPMA) — see more details about public meetings below. Physical distancing requirements have also been eliminated. Mask Order Updated On June 29, the Washington State Department of Health updated its mask order in Secretary of Health Order 20- 03.3. A key feature of the revised order is that masks are no longer required outdoors for vaccinated orunvaccinated individuals, although masks are encouraged for unvaccinated individuals in crowded outdoor settings. Mask requirements have also been eased for many indoor and outdoor sporting activities. Masks continue to be required fc unvaccinated individuals in public indoor settings. Verification of vaccination status for purposes of compliance with the mask order is recommended (but not required) for any member of the public attending large indoor or outdoor events. In contrast (and as described above), verification of an employees vaccination status is required pursuant to the L&I workplace rules if an employer wishes to allow vaccinated employees to go without a mask. Of course, a local government or public venue could choose to require verification of vaccination status for members of the public, too. Public Meetings Proclamation 20-28.15 remains in effect for public meetings subject to the OPMA, but capacity limits, physical distancing, and most other restrictions related to the in -person component of public meetings have been lifted. Proclamation 20-28.15 has been in place since January 2021 and extends the substantive provisions contained in Proclamation 20-28.14. Those provisions require that all public meetings be held remotely, with the option of also holding an in -person component to a public meeting if certain conditions are met. One of those conditions is that '(t)he open public meeting complies with the guidelines for business meetings, found in the 'Miscellaneous Venues' guidance ... as incorporated into the Proclamation 20-25 et seq" On June 30, the governor substantially amended the Miscellaneous Venues guidance to remove nearly all capacity and operational restrictions that had previously been in that guidance document, consistent with the easing of restrictions for most other industries and activities. The newly revised Miscellaneous Venues guidance now only applies to venues for public meetings and provides in its entirety: As of June 30, 2021, the following apply to governing bodies of public agencies opting to host in -person public meetings under the Open Public Meetings Act, as permitted under Emergency Proclamation 20-28, et seq.: • No restrictions on capacity. • No physical distancing requirements. c 0) c E c a� a� 0 0 0 U r N 0 N O M 0 Cn Cu Cn rn c a� aD • Follow current applicable face covering requirements as outlined in: Proclamation 20-25, et seq., Secretary of Health Order 20-03.2, and LNI Publication F414-179. E r r Q https://mrsc.org/Home/Stay-Informed/MRSC-Insight/July-2021/Washington-State-Reopening.aspx Page 3 of 5 Packet Pg. 7 MRSC - Washington State Reopening: Where Things Stand as of June 30, 2021 7 We confirmed with the governor's office that there will be no requirement to verify vaccination status for in -person attendees to determine compliance with the mask order. However, local governments can opt to do this at their discretion, keeping in mind that any employees and elected officials in attendance would be subject to the L&I guidance. In summary, as of June 30, 2021, the new requirements for public meetings are as follows: Type of Public Required Optional Meeting Virtual/Remote Yes. Subject to conditions in Proclamation No. 20-28.14, at p. 3, including that there be telephonic access, at minimum, and all attendees can 'hear each other at the same time:' In -Person No. Yes. Subject to conditions in Proclamation 20-28.14 at pp. 3 and 4, including 'v that any person who wishes to attend in person be able to do so, either in meeting 3 room or overflow area. No capacity limits or physical distancing requirements. Masks C U required for unvaccinated attendees, however no verification requirement. N O N State Eviction Moratorium 'Bridge" Effective July 1 M On June 29, the governor issued Proclamation 21-09, intended to bridge the operational gap between the eviction moratorium (Proclamation 20-19, et seq., which expired at 11:59 PM on June 30), and the protections and programs c U) subsequently enacted by the state legislature during the last session. a This order provides, among other things, that: U) a� • Landlords and tenants avail themselves of rental assistance and eviction resolution pilot programs pursuant to E2SSB 5160 to resolve any COVID-related past due rent (February 29, 2020, through July 31, 2021); CD • Tenants take steps to pay rent or avail themselves of rental assistance in order to pay future rent (beginning August 1, 2021, throughout the effective dates of this order); a� c • For any tenant who is or becomes in arrears, landlords offer a reasonable repayment plan to tenants per E2SSB a 5160; and • Tenants respond to notice of funding and other available programs within the timeframes established by E2SSB r 5160. U) c 0 a� In addition, although late fees are prohibited, rent increases are permitted as provided under state law (RCW 59.18.140). Note that the non-traditional and other transient housing previously covered by the eviction moratorium are not included in this new order. U N Utility Shutoff Prohibition Still in Effect The utility shutoff and late fee prohibitions in Proclamation 20-23.15 are still in effect through 11:59 PM on July 31, E 2021, or the termination of the governor's state of emergency, whichever comes first. The federal government has 0 approved funding to provide relief to utilities and utility customers. For more information, see New Federal Funding fc Q https://mrsc.org/Home/Stay-Informed/MRSC-Insight/July-2021/Washington-State-Reopening.aspx Page 4 of 5 Packet Pg. 8 MRSC - Washington State Reopening: Where Things Stand as of June 30, 2021 7 Rent and Utility Assistance and American Rescue Plan Provides More Relief to Local Governments. Conclusion IL Today's reopening marks a significant and celebratory milestone in the states battle against COVID-19 and its impact! on the economy and our daily lives. The disease nevertheless remains a public health threat and agencies will need tc a continually assess what measures are necessary to ensure our communities stay safe. We will continue to update our resources to reflect current guidance and recommendations. L M NN� MRSC is a private nonprofit organization serving local governments in Washington State. Eligible government o agencies in Washington State may use our free, one-on-one Ask MRSC service to get answers to legal, policy, or N financial questions. y 0 c 0 U _ r N O N � O C 7 7 About Jill Dvorkin 4— Jill joined MRSC as a legal consultant in June 2016 after working for nine years as a civil deputy prosecuting attorney for Skagit County. At Skagit County, Jill advised the planning department on a wide variety of issues including permit processing and appeals, Growth Management Act (GMA) compliance, code enforcement, SEPA, legislative process, and public records. Jill was born and raised in Fargo, ND, then moved to Bellingham to attend college and experience a new part of the country (and mountains!). She earned a B.A. in Environmental Policy and Planning from Western Washington University and graduated with a J.D. from the University of Washington School of Law in 2003. VIEW ALL POSTS BY TILL DVORKIN a Follow us: © 2021 MRSC of Washington. All rights reserved. Privacy & Terms. https://mrsc.org/Home/Stay-Informed/MRSC-Insight/July-2021/Washington-State-Reopening.aspx Page 5 of 5 Packet Pg. 9