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2023-01-03 Regular Meeting Edmonds City Council Approved Minutes January 3, 2023 Page 1 EDMONDS CITY COUNCIL MEETING APPROVED MINUTES January 3, 2023 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Neil Tibbott, Council President Vivian Olson, Councilmember Diane Buckshnis, Councilmember Will Chen, Councilmember Susan Paine, Councilmember Dave Teitzel, Councilmember Jenna Nand, Councilmember STAFF PRESENT Chuck Wallace, Safety & Disaster Coordinator Tom Brubaker, 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 7:01 p.m. by Mayor Nelson in the Council Chambers, 250 5th Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Council President Tibbott 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. PRESENTATIONS 1. KOREAN AMERICAN DAY PROCLAMATION Mayor Nelson read a proclamation proclaiming January 13, 2023 Korean American Day in Edmonds. He presented the proclamation to Julie Kang, president of the Korean American Day Celebration Foundation. Ms. Kang said the Korean American Day Celebration Foundation is privileged to be in this space and hope the City will continue to recognize the diversity and assets of community members. A Edmonds- Woodway High School student and community member also expressed her thanks to the City for the proclamation. Joomi Kim, executive director of the nonprofit Korean Community Service Center, thanked the council and mayor for the proclamation and for recognizing Korean American Day. She was honored and grateful that the City of Edmonds recognizes diversity, inclusion and equity. Edmonds City Council Approved Minutes January 3, 2023 Page 2 As a small token of appreciation, Ms. Kang invited the community to celebrate Korean American Day at the Edmonds Center for the Arts on Friday, January 13 which marks the 120th year of Korean American History in the United States. 2. RESOLUTION OF APPRECIATION FOR SERVICE AS COUNCIL PRESIDENT - VIVIAN OLSON Council President Tibbott read a resolution thanking Council President Olson for her service to the Edmonds City Council as council president from January to December 2022. Councilmember Olson said it was an honor to serve the council and the City. She was happy to turn the reins over to Council President Tibbott who will do a wonderful job and was happy to support him in that endeavor. 5. APPROVAL OF AGENDA COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT TIBBOTT, TO APPROVE THE AGENDA IN CONTENT AND ORDER. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCIL PRESIDENT TIBBOTT, TO ADD AS COUNCIL BUSINESS ITEM 8.3, ESTABLISHMENT OF THE 2023 CITY ATTORNEY ASSESSMENT SUBCOMMITTEE. Councilmember Teitzel explained this item is to ask council to approve the establishment of a new committee to evaluate city attorney options. He anticipated the agenda item would take no more than five minutes. AMENDMENT CARRIED UNANIMOUSLY. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Mayor Nelson described procedures for audience comments. Jay Grant, Port commissioner and liaison to the city council, congratulated Council President Tibbott on his appointment as council president and thanked him for his work during the past year as the council liaison to the Port. He referred to flooding on SR-104 and lower Dayton, commenting Port commissioners have operational oversight at the Port and were on site with the executive director who informed them Edmonds had received funding from FEMA and a pump had been installed. He suggested either the pump did not work or there was a bigger challenge and he was hopeful the City would look into that. Water levels were quite high, creating difficulties for vehicles as well as the ferry. With regard to the Comprehensive Emergency Management Plan (CEMP) on tonight’s agenda, he has had the pleasure of working with Safety & Disaster Coordinator Chuck Wallace on the tsunami and earthquake task force. The CEMP is very important and is a living document, not something to sit on a shelf. He has been involved professionally in after action reports in the United States and globally. No one expects an emergency and some emergencies turn into crises and being unprepared can create problems. The Port is pleased to be part of the emergency planning board along with other governments; it takes a team to ensure a city is ready in the event of an emergency. He commended staff and the City for working on these high priority public safety programs. Such programs are often neglected because there is always too much to do, but if something happens, emergency plans and the associated operational plans are absolutely crucial to the public safety of the community. Edmonds City Council Approved Minutes January 3, 2023 Page 3 Robert Stagers, Edmonds, wished everyone a Happy New Year, commenting attending a city council meeting was an ideal way to spend January 3rd and to see what 2023 will bring. Korea holds a special place in his memories regarding his late brother who was in Korea during the Korean War and told many hair-raising tales about the war. When celebrating Korean American Day, he urged the public to also remember the sacrifice the American military made to ensure there is a Republic of South Korea and a homeland for those in America and America itself. 7. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF ADJOURNED REGULAR MEETING MINUTES OF DECEMBER 10, 2022 2. APPROVAL OF SPECIAL MEETING MINUTES OF DECEMBER 13, 2022 3. APPROVAL OF SPECIAL MEETING MINUTES OF DECEMBER 19, 2022 4. APPROVAL OF REGULAR MEETING MINUTES OF DECEMBER 20, 2022 5. APPROVAL OF PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 6. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS 7. RESOLUTION OF APPRECIATION FOR SERVICE AS COUNCIL PRESIDENT - VIVIAN OLSON 8. COUNCIL BUSINESS 1. COMPREHENSIVE EMERGENCY MANAGEMENT PLAN (CEMP) UPDATE Safety & Disaster Coordinator Chuck Wallace explained the City’s CEMP needs to be updated. He has been working with the county, the state, city departments and businesses for the last year to update the plan so it is functional and usable as well as to create systems so when disasters occur, there is a foundation. He has also been working with the Port and Commissioner Grant has been very helpful. He reviewed: • Why do we need a CEMP? o National Response Framework (NRF) is a guide to how the nation responds to all types of disasters and emergencies. It is built on scalable, flexible, and adaptable concepts identified in the National Incident Management System to align key roles and responsibilities o The NRF is structured to help jurisdictions, citizens, nongovernmental organizations and business:  Develop whole community plans  Integrate continuity plans  Build capabilities to respond to cascading failures among businesses, supply chains, and infrastructure sectors  Collaborate to stabilize community lifelines and restore services • National Incident Management System (NIMS) o NIMS guides all levels of government, nongovernmental organizations and the private sector, to work together to prevent, protect against, mitigate, respond to and recover from incidents. Edmonds City Council Approved Minutes January 3, 2023 Page 4 o NIMS defines operational systems that guide how personnel work together during incidents using a shared vocabulary, systems and processes to successfully deliver the capabilities during an emergency or disaster. • What guidelines are used to design a CEMP? o Comprehensive Preparedness Guide (CPG) 101 provides guidance from FEMA on the fundamentals of planning and developing emergency operations plans. The guide describes the steps to produce an emergency operation plan, possible plan structures and components of a base plan and its annexes. • Edmonds CEMP Rewrite and Update o The Basic Plan  Provides an overview of the city’s preparedness and response strategies. It describes expected hazards, outlines department roles and responsibilities, and explains how we will maintain and keep the plan current. o Emergency Support Functions (ESF’s)  The 15 Emergency Support Functions of the CEMP focus on missions. These ESF’s describe the actions, roles and responsibilities of participating organizations. Functional ESF’s discuss how the city manages the function before, during and after the emergency, as well as identifying organizations responsible to lead and support the implementation of the function.  This presented draft CEMP Basic Plan and ESF’s have been reviewed for consistency with the National Response Framework, the State CEMP, (2019-2024), and the Snohomish County CEMP (2019-2024). o Where do we currently stand?  The previous plan, adopted in 2017, with a 4-year update period, is due for an update.  The City is still in compliance for operating under a CEMP because we contract with Snohomish County for Emergency Management Services (through December 2024)  We have been legally operating under the Snohomish County CEMP which was last updated in December 2019 o Why update and rewrite the Edmonds CEMP?  The Snohomish County CEMP and associated ESF’s are written for regional responses, not necessarily for individual jurisdictions. Should a moderate to major event occur, the county will have limited resources to assist each individual jurisdiction.  We will need to mobilize our own city-wide response to augment any response by the county  The city has elected to enhance our ability to preserve public health, respond to emergencies and disasters for the protection of our citizens, community, property, environment and economy through the development of a City of Edmonds CEMP.  A City of Edmonds CEMP is a proactive action to address all phases of emergency management; prevention, protection against, mitigation, response to and recovery from incidents.  The CEMP creates a foundation for all city departments, businesses and cooperating agencies to follow, in an attempt, to reduce the impact of any emergency or disaster event upon our citizens, our community, businesses, the economy and environment. o Changes Addressed in the Draft Plan:  It was necessary to reflect numerous changes in the State and County CEMP in areas of verbiage, new policy and procedures, and changes to agency names and responsibilities.  Major formatting issues throughout the plan  Updates from all city departments and divisions addressing changes to procedure, personnel and ability to perform the assigned tasks of the plan.  Limited English Proficiency (LEP) & Access and Functional Needs (AFN) capabilities and issues. Edmonds City Council Approved Minutes January 3, 2023 Page 5 o The Draft Plan addresses:  The plan will have a 5-year formal review period from the date of adoption, to Snohomish County Emergency Management and Washington State Emergency Management Division, (consistent with the county and state  Consistent with WAC 11-30-060 guidelines, the plan shall be reviewed and updated at least once every two calendar years. Revised or updated portions of the plan shall be submitted to the Director of Snohomish County Department of Emergency Management and Director of the Washington State Emergency Management Division within 90 calendar days of revision. o The Draft Plan:  Has been vetted by Snohomish County Department of Emergency Management  Has been reviewed and approved by the Director of the Snohomish County Department of Emergency Management  Is consistent with the National Response Framework, CPG 101, Snohomish County CEMP 2019-2024, and the WA State CEMP 2019-2024.  It is the basis for all other emergency and disaster plans. o What’s Next?  Numerous emergency and disaster response plans need to be developed and/or rewritten to augment the CEMP and ESF’s, enhancing our ability to respond to an event.  All can be annexed to the CEMP as a separate document adding to our ability to respond and reduce the impact of any emergency or disaster.  Their review and update schedule will be set within the 5 year update period for the CEMP to prevent a need to update all plans at the same time. o Emergency and Disaster Response Plans  Continuity of Operations Plan (COOP) (new)  Evacuation and Movement Plan  Damage Assessment Plan  Debris Management Plan  Animals in Disaster Plan  Disaster Recovery Plan  Tsunami Plan (new)  Safety/Accident Plan  Oil Spill Disaster Plan (new)  Pandemic Response Plan (new) Councilmember Nand commented given the events of December, it is incredibly timely that this is being presented to council. Not only what has happened in this area, but what happened in the country, specifically in the City of Buffalo and Erie County. She asked if it would be possible to do drills based on these plans so citizens, emergency services and public works can practice implementation of the plans before something like what Erie County and City of Buffalo experienced happens. Mr. Wallace said the WAC requires at least one practice event a year, but he would like to hold quarterly training. Examples would be a small flood event or a winter storm. The biggest issue he sees is communication. Each entity does a fabulous job, but there is sometimes not enough communication between entities; there needs to be a central clearing house which is the EOC. Works needs to be done on tsunami and earthquake plans. The Great Shake Out is held in October; he would like to expand that to have citizens participate. He is also trying to establish community emergency response teams, for example in condominiums so in the event of an earthquake, they could take care of themselves and contact the City regarding the number of people present, injuries, supplies, etc. He summarized there will be drills held this year; the update to the plan needed to be complete to move forward. Councilmember Nand said she looked forward to hearing about the community emergency response team, recalling in Buffalo it was really neighbors rescuing neighbors. Edmonds City Council Approved Minutes January 3, 2023 Page 6 Councilmember Paine said she found this fascinating. She pointed out one of critical pieces of infrastructure in Edmonds is the wastewater treatment plant (WWTP) and asked if there was a continuity of operation for the WWTP. Mr. Wallace said the WWTP was one of the better prepared divisions in the City and he used them as the basis for some of what he did in other areas. He incorporated them into a lot of things and during events, he will contact them to see how they would be affected. Everybody in the city is included in the CEMP; if someone hasn’t been contacted, he assured they will hear from him. Councilmember Paine commented during her 3-hour tour of the WWTP, it was immediately apparent that a number of things have to happen for the plant to operate smoothly. Councilmember Paine asked if drills are conducted with Snohomish County PUD and the water district. Mr. Wallace answered they will be invited to participate in many of the drills. Some drills will be inhouse to educate staff, but for a larger, regional event, regional partners and possibly other jurisdictions will be involved as well as ham radio operators. Ham radio operators could be critical in an event where communications are lost and there are only a few in the area. He and Thom Sullivan recently got their amateur radio licenses, but the radio equipment needs to be updated because the radios in the public safety building and the public works building are different. Councilmember Paine commented it appears it would be easy to annex or append the CEMP with new disaster plans for events like a pandemic, a animal disaster plan, etc. She asked how those get added to the CEMP. Mr. Wallace answered the mayor would be asked how they want to proceed with a new plan. New plans can be annexed into the City’s CEMP and provided to the state and federal. Councilmember Paine commented on the need for community information. In an emergency, City staff will have their hands full and people will need to rescue themselves first. She was aware there is some good information available from the fire district and asked how the public would be informed of something like an oil spill. Mr. Wallace said the plan identifies what each department or agency does. He has been talking with the fire district as well as with the new public works director about spill plans. Public works is involved in almost all the plans. When he first began updating the CEMP, it may state a certain person is to do certain tasks, but when asked, that person may say they cannot do one or more of those tasks. That is good information to know so he can plan accordingly such as ask someone else to help, provide training, etc. Community emergency response teams (CERT) are becoming more involved and he has been working with the public information officer on their role. The goal is get out as much information as possible to the community and to the council. Councilmember Buckshnis relayed concern that this was a lot of information and some councilmembers have been waiting for it for a couple years. She asked if there was any council oversight or involvement, or was the information just given to the mayor. She asked if there was a timeline for updating the council during the process and if there was a plan for keeping the council involved from a policy standpoint as the council is responsible for the CEMP. She suggested having this presented at a retreat. Mr. Wallace said he would to love to discuss everything with the council. He referred to the list of plans, explaining he intends to develop a timeline for the plans. He hoped to begin work on all the plans this year, but was unsure he could finish them all in 2023. Some of the major ones have to be accomplished in 2023. He will keep the council apprised of the plans as they are completed. He offered to talk to the council any time, at a retreat if that was the council’s desire, to ensure councilmembers understand their roles. He encourages people to schmooze with everyone because if there is a major event, they will need talk to people outside of Edmonds to get help. For example, if there is a water problem, Edmonds won’t get water unless Alderwood and the City of Everett get water. It is not effective to be Edmonds centric, Edmonds will need to assist others with their needs and understand the relationships. Schmoozing is important because you never knows when a disaster happens and you have to call someone, they may remember you and help you get what you need. Edmonds City Council Approved Minutes January 3, 2023 Page 7 Mr. Wallace explained the EOC will include a council liaison during an event. He is meeting with Snohomish County later this week to discuss communications and he is planning a communication exercise soon. He will alert council ahead of time what day it is and the phone number the call will come from and councilmembers should be prepared to answer their phone. Every drill the City holds, councilmembers will receive a phone call saying it is an exercise, but it is very important that councilmembers answer their phones. If the EOC cannot get ahold of a councilmember, he will likely call them later in the week to ask why they didn’t answer their 24/7 contact number. Councilmember Buckshnis suggested talking to OVWSD because Edmonds gets water through them. She asked if a timeline for developing the other plans will be created and provided to council. Mr. Wallace said he will provide a timeline by the end of the month. Councilmember Buckshnis commented most of the plan is about natural disasters, and asked if he’d thought about terrorism or bombing. Mr. Wallace answered one of the ESFs refers to that. He was waiting for the state to develop those plans and follow their lead. He encouraged councilmembers to contact him with any questions. Councilmember Buckshnis said she was pleased he was working with Port Commissioner Jay Grant because he is a wealth of information. She will send her questions to Mr. Wallace and hoped Council President Tibbott would give council more time to discuss the entire package. She referred to Mr. Wallace’s comment that the CEMP was approved on November 22, 2022 and the next update will be in five years. The council never saw it before it was approved and asked if that was a WAC violation. Mr. Wallace answered it is not a violation. It was reviewed by the state in November 2022 to ensure the plan followed CPG 101 so that is the date of adoption. Councilmember Teitzel commented this is an extreme amount of work. He anticipated there would be more frequent and more severe weather events in the future, referring to the extensive rain in California last week that cause extreme flooding and the flooding that occurred in the Dayton Street/Harbor Square area last week. Last week’s flooding prompted him to think about Perrinville Creek, a project that has been on council’s radar for some time. The undersized culvert on Perrinville Creek has flooded in the past and with severe rain storms, is likely to flood again. Using Perrinville Creek as an example, he asked if that flooded and caused extensive damage to private property, creating a public safety issue and the mayor declares a local emergency, would the City ask for county or state assistance and what form would that take. Mr. Wallace answered when those issues occur, the county and state are automatically notified and an emergency declaration allows the state and county to send people to assist. It was unlikely it would reach the threshold for the Stafford Act, but it will set other things in motion such as the availability of low interest loans and involving other agencies to assist citizens and to repair the infrastructure. No matter what happens in the City, information is sent to both the county and the state. Councilmember Teitzel referred to the five year renewal and review cycle for the CEMP and asked if that was codified somewhere or was it just a policy. Mr. Wallace answered it is the state’s policy; they were in the process of asking the legislature in 2020, but with COVID, it did not get on the agenda. It will be raised again this year. The State Department of Emergency Management wants cities to be on a five year review period to match the state’s plan; most plans across the country have a five year review period. Councilmember Chen referred to the language proficiency program built into the CEMP and asked who would coordinate volunteers. For example, he speaks several languages, the people who were here earlier regarding Korean American Days speak Korean, and there are others with a variety of skill sets. Mr. Wallace said the ultimate goal is to have a liaison between all the different communities in the City. It is important to build CERT within each community. If there was a major event like an earthquake with aftershocks, the City does not have enough people to man the EOC 24/7 for more than 2-3 days and will need outside assistance. The goal is to reach out to communities, vet them, train them to work in the EOC, and assist in other areas so when events happen, the community will be available to help with Edmonds City Council Approved Minutes January 3, 2023 Page 8 communications, shelter, food, etc. The City will need help as it cannot do it alone and relationships will be very important. He knows a lot of people at Snohomish County and at the state. Councilmember Chen asked if there was a database or a way for people to sign up to volunteer their skill set and get training. Mr. Wallace said he wants to train City employees first and then train the community. Once people are trained, it will be important to keep them involved in training exercises. Emergency management planning and training will build trust in the community. Councilmember Olson said she feels more comfortable now, knowing that Mr. Wallace has his head wrapped around these issues. She found that reassuring and was certain residents did also. Everyone is expressing their willingness and desire to be part of the team and ensure success in the event of an emergency and for the community to work together. With regard to councilmembers answering their phones, she commented as a practical matter, many people put their phone on do not disturb at night. She asked if the EOC would call repeatedly to override the do not disturb. Mr. Wallace said the code section 6.60 previously required written confirmation that a phone call was made. When events happen, a person will get a phone call and if they do not answer, the caller will go to the next person; there is not enough time to call people repeatedly. For example if the council president does not answer, a call will be made to the next person in line. Councilmember Olson explained if someone has do not disturb activated, if someone calls the phone twice, their phone will ring the second time even though do not disturb is on so it would be prudent to do that immediate redial. Mr. Wallace said he will see what the system can do. Worst case, he will call once and call again two minutes later. The intent is to test everything to ensure it works. Councilmember Olson referred to another councilmember’s comment about getting water from OVWSD, explaining what she meant was OVWSD has said since Edmonds likely will not get water from its regular sources following an earthquake, they are willing to share water from their in-ground aquifer with Edmonds. That would be important information to know in an emergency. Mr. Wallace said public works understands all that and there have been discussions about water. He pointed out just because there is an MOU doesn’t mean the parties have to adhere to it. For example, the City has MOUs with the fire district, but if they can’t reach the City, it’s out of their control. Everyone does their best to write agreements and does their best to honor them. If help can’t reach the City, the City has to do the best it can with what it has. Councilmember Olson commented communications are definitely the Achilles heel in an emergency and asked if old-school methods like posting on the door of city hall would be used in an emergency. Mr. Wallace said posting information on government buildings is still in the code. Councilmember Olson asked if there is a designated Edmonds ECO. Mr. Wallace answered there is one in the police department and one at public works. He has been thinking about using the Brackett Room and there are grants available for retrofitting spaces for use as an EOC. The Brackett Room would provide more space and more meeting rooms. In a major event, there is a lot of noise and it will be difficult in a smaller space to have discussions with many different groups. He was uncertain how well city hall would hold up in an earthquake. Councilmember Olson said she had a discussion with an audience member who suggested partnering with the Edmonds School District such as making announcements from the stadium. Mr. Wallace said he has been working with the school district’s emergency manager to upgrade an MOU that allowed the use of one school building to allow access to any school buildings. If the City were to use a school building, it was be handled similar to the Red Cross who takes before and after pictures in the event any damage occurs. Council President Tibbott relayed his understanding that Mr. Wallace will provide a timeline to the council by sometime in February. Mr. Wallace said he will provide a timeline by the end of the month. Council President Tibbott said he will connect Mr. Wallace with the public safety committee to provide Edmonds City Council Approved Minutes January 3, 2023 Page 9 regular reports which will also be a direct liaison to the city council. With regard to the council participating in a workshop, he offered to coordinate a time where councilmembers could meet with Mr. Wallace outdoors wearing boots and gloves to participate in a drill. Council President Tibbott referred to the staff recommendations in the agenda item, adopt a new CEMP and authorize the mayor to sign. Mr. Wallace advised there is a promulgation statement as part of the CEMP which the state wants the mayor to sign. Council President Tibbott asked what Mr. Wallace wanted from the council tonight. Mr. Wallace said he would like the council to, 1) approve the CEMP as proposed, it is a living, breathing document, and 2) grant permission for the mayor to sign promulgation statement in the CEMP. Council President Tibbott asked if the council had seen the promulgation statement. Mr. Wallace advised it is in the CEMP. Mr. Wallace read the promulgation statement: The Comprehensive Emergency Management Plan is intended to meet the planning requirements of the Washington Administrative Code, Chapter 118-30; the Revised Code of Washington, Title 38 and Chapters 38.52 and 34.05 as revised; Title III Superfund Amendment and Re-authorization Act of 1986; and local City Ordinances. Pursuant to these laws, the City’s Comprehensive Emergency Management Plan (the “Plan”) is hereby promulgated by the City to provide guidance concerning emergency response policies, responsibilities, training and actions. This Plan provides guidelines only and does not guarantee a perfect response. Rather, the City can only endeavor to make every reasonable effort to respond based on the situation and resources available at the time. As part of the Plan, the City entered into an Interlocal Agreement for Emergency Management Services with Snohomish County (the “Agreement”) on February 4, 2016, wherein the City authorized Snohomish County, by and through its Department of Emergency Management, to assist the City with coordination of emergency management services. The Plan supports and is compatible with plans of the Snohomish County Department of Emergency Management and of the State of Washington Emergency Management Division. This Plan provides support to the Snohomish County Hazardous Materials and WMD Response Plans and other plans required by State and Federal laws. The provisions of this Plan shall compliment applicable provisions in the Agreement. All previous editions of the City’s Plan are considered obsolete and should be destroyed. Dated and signed by mayor and the Snohomish County department of emergency management. COUNCIL PRESIDENT TIBBOTT MOVED, SECONDED BY COUNCILMEMBER CHEN, TO ADOPT THE CEMP AND AUTHORIZE THE MAYOR TO SIGN THE PROMULGATION STATEMENT. Councilmember Nand pointed out the document Mr. Wallace referenced is on page vi of the City of Edmonds Comprehensive Emergency Management Plan, packet page 190. Councilmember Buckshnis asked if Elected Official Guide to Emergency Management on packet page 342 would be part of the CEMP or would it be a separate document. That document includes an overview, role of elected officials, etc. which Mr. Wallace did not address. Mr. Wallace said that is separate from the CEMP. Councilmember Buckshnis suggested reviewing the Elected Official Guide to Emergency Management at a retreat. She asked if the council was also voting on the Elected Official Guide. Mr. Wallace said the guide describes roles during an disaster, etc. and is a separate document from the CEMP. UPON ROLL CALL, MOTION CARRIED (6-0-1), COUNCILMEMBERS TEITZEL, CHEN, OLSON, PAINE AND NAND AND COUNCIL PRESIDENT TIBBOTT VOTING YES; COUNCILMEMBER BUCKSHNIS ABSTAINING. 2. CODE UPDATE TO CHAPTER 6.60 ECC DISASTER PREPARATION, EMERGENCY COORDINATION, AND CIVIL EMERGENCIES Edmonds City Council Approved Minutes January 3, 2023 Page 10 Safety & Disaster Coordinator Chuck Wallace reviewed the draft Update to City Code 6.60: • The following draft changes have been submitted to keep City Code 6.60 current with the Draft CEMP and changes due to the Emergency Services Coordinating Agency (ESCA) disbanding. o 6.60.020 Definitions  Paragraph A1a: Added “protect and preserve the economy and environment”  Paragraph A2b: Added “city department directors”  Paragraph A2b: Deleted “Confirmed receipt “ of phone call, text message ....  Paragraph A2b: Added “means of communication available during the event.”  Paragraph B: Deleted entire paragraph B dealing with ESCA which has disbanded. o 6.60.035 Emergency management organization  Section B: Added “or in the safety and disaster coordinators absence, a designee appointed by the Mayor shall be...”  Section C: Deleted “be as designated in the emergency operations plan” and Added “the remaining membership of the emergency operations board shall consist of all city department directors, as well as a members from the Port of Edmonds and South Snohomish County Fire and Rescue Regional Fire Authority. Other members may be added on an “as needed” basis to assist in the development of the emergency operations plan.”  Section D: Deleted sentence referring to ESCA o 6.60.080 Proclamation of Emergency  Added “The council president pro tem or senior council member, according to the guidelines set forth in section 6.60.065” o 6.60.090 Orders during emergency  1st paragraph: Added “The council president pro tem or senior council member, according to the guidelines set forth in section 6.60.065”  Paragraph E: Added “during a civil emergency” o 6.60.110 Publication of proclamation  Added “The council president pro tem or senior council member, according to the guidelines set forth in section 6.60.065 Councilmember Olson referred to the addition of “during a civil emergency” to paragraph E n 6.60.090, commenting even during a civil emergency someone may be relying on a generator to keep medical equipment running or other extenuating circumstances. If the sale of gasoline was not allowed during a civil emergency, was there something in the CEMP to inform people who had a need how they could obtain gasoline. Mr. Wallace anticipated that question would arise during discussions of mass care and sheltering which would require generators. The EOC would make a recommendation about how to obtain gas and present it to the mayor. Councilmember Olson asked if the way the code was written was adequate to address that circumstance. Mr. Wallace answered the code is not written in granite, sometimes things change during a disaster because it is a fluid event. The EOC makes a recommendation, brings it to the mayor and to the council if a change is necessary. Councilmember Olson referred to 6.60.090.B, commenting it is somewhat general, a bit of catchall, an order requiring any or all business establishments to close and remain closed until further order. However. C and D are specifically related to bars, taverns and sale of liquor. She suggested deleting C and D because to the extent the closure of bars, taverns and liquor stores was necessary, it was addressed in B. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO DELETE PARAGRAPHS C AND D FROM 6.60.090. Councilmember Nand disagreed, explaining she lived in Italy during college where the sale of alcohol is banned during soccer games due to rioting and hooliganism. There are temporary situations such as a civil disturbance or riot when it would make sense to discontinue the sale of alcohol until emergency Edmonds City Council Approved Minutes January 3, 2023 Page 11 conditions are lifted and social order has been restored. If that situation arose and it was necessary to close bars, taverns and liquor stores to restore civil order, that power should be one of the tools available. Councilmember Olson asked Councilmember Nand if that was covered by paragraph B. Councilmember Nand answered the WAC that Mr. Wallace was adopting via this section was identifying the steps that should be taken in case there is a civil disturbance and order has been destroyed and people’s lives are in danger. She had no problem with leaving in paragraphs C and D in, commenting hooliganism in Europe leads to massive property destruction and people being killed. Councilmember Buckshnis expressed support for removing paragraphs C and D. She pointed out there is hooliganism in American such as the riots following the death of George Floyd. To her, paragraph B covered the issue, C and D were not in the original code and were unnecessary. She plans to bring up another issue related to the amount of power the mayor has in 6.60 which is contrary to the CEMP. Councilmember Olson asked if anyone from police department was available to weigh in on this. Mayor Nelson answered there was not. Councilmember Olson asked Mr. Wallace to comment. Mr. Wallace said B is related to any or all business establishments which incorporates bars and taverns so it is actual redundant. Councilmember Olson clarified her motion was to remove 6.60.090.C and D and renumber the subsequent paragraphs. Councilmember Teitzel expressed support for the motion because the way paragraph B is written, an order requiring any or all business establishments covers bars selling alcoholic beverages and gives the mayor appropriate authority. Councilmember Paine said she like the specificity in C and D, they accomplish different things and it is helpful to be specific. For example, C addresses stores such as ACE or a grocery store which could close down alcohol sales but the store could remain open. Such specificity could help during an emergency. Mr. Wallace said if the concern is about alcohol, paragraph D could be retained; some bars and taverns also sell food. Paragraphs C and D are somewhat redundant because B covers all businesses and amendments could be made as necessary during an event. COUNCILMEMBER PAINE MOVED TO AMEND THE AMENDMENT TO REMOVE ONLY PARAGRAPH C AND LEAVE D IN 6.60.090. MOTION FAILED FOR LACK OF A SECOND. UPON ROLL CALL, MOTION CARRIED (5-2), COUNCILMEMBERS TEITZEL, CHEN, BUCKSHNIS AND OLSON AND COUNCIL PRESIDENT TIBBOTT VOTING YES; COUNCILMEMBERS PAINE AND NAND VOTING NO. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCIL PRESIDENT TIBBOTT TO APPROVE 6.60 AND DIRECT THE CITY ATTORNEY TO DRAFT AN ORDINANCE. Councilmember Buckshnis referred to 6.60.035 Emergency management organization and asked what took precedence, Section 6.60 or the CEMP. Section 2d in the CEMP states the mayor or disaster coordinator and 6.60.035 states the mayor shall be in charge and the safety and disaster coordinator is part b. She agreed the mayor is the CEO and but the CEMP states the mayor or disaster coordinator and 6.60 is only the mayor. She did a compare and contrast with the CEMP and 6.60 and the importance of the safety and disaster coordinator is clearer in the CEMP to ensure everything is disseminated correctly. In 6.60, it is the mayor, then the safety and disaster coordinator or a designee. Mr. Wallace answered the Edmonds City Council Approved Minutes January 3, 2023 Page 12 City code takes precedence. The CEMP ensures the City can write contracts during a disaster, etc. and it gives his position authority to do things until an incident commander for the EOC is in place. Councilmember Buckshnis asked if there should be “or” in 6.60.035.A or should A and B be combined. Mr. Wallace preferred not to make a change. Under that section, the safety and disaster coordinator is not making decisions about things like the public staying home. It is related to making recommendations about obtaining equipment, where to send equipment, obtaining funds, etc. His position may make recommendations to the mayor or designee but would not take those actions. Councilmember Buckshnis asked whether the CEMP needed to be changed to show this hierarchy. Mr. Wallace said it is listed in the CEMP. Councilmember Buckshnis said in the CEMP, it is either or versus just the mayor in the code. Mr. Wallace said it could be changed to say the safety and disaster coordinator cannot make certain decisions. Councilmember Buckshnis offered to send him the page number and describe her issue with the language. Councilmember Paine asked if it was typical for the mayor to assign work to the safety and disaster coordinator. City Attorney Tom Brubaker said in his experience, there is a hierarchy of assignments and obligations in an emergency. There will be groups working on operations such as clearing streets, removing trees, address flooding, etc. There will be an administrative branch, usually run by the mayor, that directs operations and if policies need to be enacted, that goes to the council to the extent they are available. It is a complex organization that needs an all hands on deck approach to be consistent with established policies and change policies as needed; the mayor steers the ship, but relies heavily on the expertise of those in the field. Councilmember Paine said in her past work, she has seen ordinances and the management plan is the rule making regarding how the ordinance will be rolled out with the specificity. A CEMP is one of the most complex coordinating masterpieces that any community puts together. It is clear the administration is run by the mayor. Mr. Wallace said Chapter 6.60, the Disaster Preparation, Emergency Coordination and Civil Emergencies, includes the issuance of recommendations to the mayor for the implementation of any emergency operations plan. Everything will always go to the administration; same thing with the EOC, the incident commander and he would provide a recommendation to the mayor and council. Councilmember Paine pointed out the CEMP has been vetted by both Snohomish County and the state. Mr. Wallace agreed. MOTION CARRIED UNANIMOUSLY. 3. ESTABLISHMENT OF THE 2023 CITY ATTORNEY ASSESSMENT SUBCOMMITTEE Councilmember Teitzel advised he had provide councilmembers a narrative and the motion related to this item. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER PAINE, TO REQUEST COUNCIL APPROVE THE FORMATION OF A NEW 2023 CITY ATTORNEY ASSESSMENT SUBCOMMITTEE CONSISTING OF COUNCILMEMBERS PAINE, NAND AND TEITZEL, TO COLLECT KEY INFORMATION FOR COUNCIL NECESSARY TO DEVELOP A LONG TERM APPROACH TO OBTAINING CITY ATTORNEY SERVICES FOR THE CITY. Councilmember Teitzel read his narrative, “In 2022 council established a work group consisting of Councilmembers Paine, Chen and Teitzel to develop options for full council to consider for a one-year contract with Lighthouse Law Group for 2023 to enable council to assess its options for obtaining long term city attorney services. That work has been completed and on December 13, 2022, council approved the 2023 Lighthouse 12-month contract which became effective on January 1, 2023. Council now has a Edmonds City Council Approved Minutes January 3, 2023 Page 13 need for key information to allow it to make informed choices around three options for city attorney services which are remain with Lighthouse, contract with a different city attorney or hire inhouse legal counsel. The new assessment subcommittee’s task on behalf of council will be different than the prior work group. This team will conduct a survey with internal city stakeholders about the quality of Lighthouse’s services, provide pro and con information about contracted versus inhouse attorney services, provide city attorney comparator information from cities of similar size to Edmonds, and manage the RFP process to solicit proposals from other municipal legal service providers presuming council decides to continue contracting for city attorney services. As with the prior work group, the assessment committee’s role will be strictly to provide full council with information it needs to make informed decisions and will not make independent decisions or recommendations. Councilmember Olson thanked the committee that worked on the one year contract last year and thank the new committee for the work that lies ahead. It has been a lot of work and she appreciated their efforts. She thanked Councilmember Teitzel for his leadership and for the clarity and transparency of exactly what the council has done and what it intends to do. MOTION CARRIED UNANIMOUSLY. 9. MAYOR'S COMMENTS Mayor Nelson said he was excited to be with council for 2023 and he looked forward to this year. He was also excited about the four applicants for the planning board and hoped they were confirmed forthwith. They are volunteers eager to serve on a volunteer board and are ready and waiting. 10. COUNCIL COMMENTS Councilmember Teitzel commented he had a chance to get refreshed over the holiday break and he looked forward to 2023 and to working with the council and on behalf of the City. During the holiday break he reflected on the work the council has done, particularly in the fourth quarter related to the budget. He expressed his appreciation for the council, mayor and staff’s work. As a former councilmember and looking at what has happening on council recently, he is seeing good things, more collaboration, more teamwork, and a sense of comradery that he was pleased to see. He hoped that progress would continue in 2023 and have a great year. He welcomed everyone to tonight’s meeting and wished everyone a Happy New Year. Councilmember Chen said “Gong hei fat choy,” Cantonese for may your new year be filled with peace, happiness and prosperity. He also honored the first responders that serve residents, seniors and business owners day in and day out, faithfully and passionately. When others take a vacation or time off from regular work during the holiday season, first responders carry on services without any interruption. Councilmember Chen reported a business owner on Highway 99, Kay Sam Ko, used to work at the Noddle House in Plum Tree Plaza that burned down on 9/11/21. He was not happy to be unemployed so he pooled his and his relatives’ resources to open a new restaurant. His wife and daughter expressed their concern and frustration to the council about the problems they ran into. He was happy to report their restaurant is now open at 22931 Highway 99. He encouraged the public to visit; the food is very good. He congratulated the family for pouring their heart and soul into opening this restaurant. The family expressed their appreciation to the council, the Edmonds Chamber and the Rotary for their help. The Chamber foundation awarded $1000 for the original business and the Rotary Club doubled the scholarship for the daughter who attended Edmonds-Woodway High School and is now attending the University of Washington. Edmonds City Council Approved Minutes January 3, 2023 Page 14 Councilmember Olson wished everyone a Happy New Year. It is great to turn the calendar, a refreshing start. It was a pleasure to be council president last year and she was happy to support the new council president who she was sure would do a great job. Observing there have been a lot of inquiries about the library renovation, she invited the public to watch the PPW Committee meeting on Zoom next week from 4:30-5:30 p.m. to hear Sno-Isle and the other stakeholders provide an update on the emergency that occurred and the renovations that are in progress. Councilmember Olson gave a shout out to the local media. Edmonds is fortunate to have real local journalism in Edmonds, something not every small community has. She looks forward to the Year in Review in the Edmonds Beacon; for example, even though she was at the Polar Bear Plunge, she learned things about it in the Beacon’s coverage of the event. For example, retired librarian Edith Farrar was there. During tonight’s interviews for the planning board, one of the candidates attributed his interest to an article and related comment in My Edmonds News, a free digital service, MyEdmondsNews.com, supported by reader donations. Teresa Wippel is in council chambers tonight and at every meeting. Councilmember Olson saluted Ms. Wippel’s dedication and service to the community. In addition to reporting, she and the My Edmonds News team provide regular civic contributions including bringing in a big name in interpersonal relations, Mónica Guzmán, who will make a presentation on finding common ground even when we disagree this Thursday at the Waterfront Center. The event is sold out. She encouraged anyone that had tickets but was unable to attend to contact Ms. Wippel so she could make the tickets available to someone else. Council President Tibbott said he was excited about 2023 and has already had great meetings with the council’s executive assistant and councilmembers. He requested Councilmember Olson take his place on the Public Works Committee and for Councilmember Teitzel to chair that committee. For January, the assignments will stay the same and changes to council liaisons and committees will be made later this month. Not all councilmembers have responded to the survey sent out by the council executive assistant; it will be sent out again. He looked forward to working with this council. There is a diversity of life experiences and opinions on this council, but so far discussions have been handled respectfully and the council reaches better decisions as a result. The council plans to hold a retreat on January 27; he is working out the details. It will be held in the Brackett Room and will be streamed. Councilmember Buckshnis agreed Edmonds has wonderful media; she appreciated Teresa Wippel and Brian Soergel, both very good journalists who write very fairly and have good people working for them. She looked forward to 2023. She gave a shout out to Councilmember Olson who did a lion’s share of work last year as council president; the proclamation recognizing her could have been much longer, but it was succinct and one of the best she has read. She expressed appreciation to Council President Tibbott and looked forward to working with him in 2023. She was hopeful there would not be any deaths in her family in 2023. Her family spread her brother’s ashes today which was quite emotional, but life goes on and the things that happen make us stronger. She wished everyone Happy New Year and great days ahead. Councilmember Paine wished everyone Happy New Year. She looked forward to an effective and productive year, focusing on teamwork. She was eager to learn of her liaison and committee assignments. She was very impressed by the breadth of knowledge of the planning board candidates. One of the candidates whom the council had not met before, Nick Maxwell, is a data scientist who does human studies and understands how data works. The skill sets the candidates bring offer a lot to the City and she looked forward to having them confirmed as soon as possible. Three of the candidates applied for past council appointments and were committed to the City and very well qualified. She did not do the Polar Bear Plunge and will not ever do it, but hoped those who did had a great time. Edmonds City Council Approved Minutes January 3, 2023 Page 15 Councilmember Nand expressed gratitude to councilmembers who enable her to join the council. Today is her 39th birthday, being able to represent her generation and her point of view on the city council is an incredible birthday gift. She was lucky to celebrate with both her parents who still living in Edmonds; her father is almost 80 years old and has dementia. It broke her heart to read stores from Buffalo and Erie County where people’s elderly parents died. She encouraged everyone to get to know their neighbors because there will be more and more of these extreme events. She also encouraged them to connect with Mr. Wallace about forming a CERT for their neighborhood. Edmonds is an incredible community with an incredible culture of people who care about each other which is what makes it so special. To the extent that government can play a role that’s great, but the lesson seen from around the country is that the community will have to save itself. Everyone needs to be taken care of, the elderly, people with disabilities, children, vulnerable people, etc. if the City ever faces an emergency event. She and many others will be terrified for their elderly parents. She urged people to reach out to their neighbors, share phone numbers and offer help. Mayor Nelson wished Councilmember Nand a Happy Birthday. 11. ADJOURN With no further business, the council meeting was adjourned at 9:12 p.m. ____ SCOTT PASSEY, CITY CLERK