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Cmd041420EDMONDS CITY COUNCIL VIRTUAL ONLINE MEETING APPROVED MINUTES April 14, 2020 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Adrienne Fraley-Monillas, Council President Kristiana Johnson, Councilmember Luke Distelhorst, Councilmember Diane Buckshnis, Councilmember Vivian Olson, Councilmember Susan Paine, Councilmember Laura Johnson, Councilmember ALSO PRESENT Zach Bauder, Student Representative CALL TO ORDER STAFF PRESENT Phil Williams, Public Works Director Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Shane Hope, Development Services Director Scott James, Finance Director Angie Feser, Parks, Rec. & Cultural Serv. Dir. Shannon Burley, Deputy Parks & Recreation Dir, Rob English, City Engineer Jeff Taraday, City Attorney Scott Passey, City Clerk The Edmonds City Council virtual online meeting was called to order at 7:00 p.m. by Mayor Nelson. 2. COMMITTEE OF THE WHOLE FRANCES ANDERSON CENTER TENANT LEASE RATIFICATION Deputy Parks & Recreation Director Shannon Burley reviewed: Background o The Frances Anderson Center is home to 7 community serving businesses, many for 20+ years ■ Main Street Kids ■ Olympic Ballet ■ Edmonds Montessori ■ Sculptors Workshop ■ Sno-King Youth Club • Edmonds Senior Center ■ Edmonds Arts Festival Foundation o For 10+ years the Parks Director and Mayor have authorized 1-year leases with each tenant, rates based on square footage and include leasehold tax, utilities and monthly space rent o Two discussion items this evening, lease ratification and tenant relief due to COVID-19 o The discussion will be centered around tenants of the City who pay per square foot for use of space that they are not able to utilize as a result of COVID-19. All but one of these resides in the Frances Anderson Center. • Lease Ratification Edmonds City Council Approved Minutes April 14, 2020 Page l o Not typically brought to Council (10+ years) o After investigation we feel that perhaps they should be o Rates per square foot, inflation increase based on finance department recommendation for entire city, typically between 1-3% o Presented to Council in November in future o Request Council forward resolution (packet pages 6-39) to special meeting for ratification and adoption Tenant Lease Summary Customer Rent L/H WateEO. Total Edmonds Arts Festival 578.80 -- -- $ 608.80 1/l/20- 12/31/20 Edmonds Montessori 2,041.74 262.16 25.00 . $ 2,358.90 1/l/20- 12/31 /20 Olympic Ballet 4,529.57 581.60 30.00 70.00 $ 5,211.17 1/l/20- 12/31 /20 Olympic Ballet 4,014.29 515.43 15.00 60.00 $ 4,604.72 Summer Months Sno-King VO,uth Club 1,721 71 __ 15.00 25.00 $ 1,761.71 l/l/20_ 12/31 /20 Sculptor's Workshop 1,944.52 249.68 25.00 50.00 $ 25269.20 1/l/20- 12/31 /20 So Co Senior Center 753.50 96.75 15.00 25.00 $ 890.25 1/l/20- 9/30/20 Toddle Time Main Street 4,946.37 635.11 80.00 70.00 $ 5,731.48 1/l/20- Kids 12/31/20 Monthly Total (non- $18,831.51 summer Monthly Total summer) $18,225.06 Council President Fraley-Monillas asked if Ms. Burley was requesting a motion before proceeding to the next item. Ms. Burley answered this was just questions and answers and the motion will happen in the second half of the meeting. City Clerk Scott Passey agreed this item was on the second part of the meeting for action. This was just committee discussion. City Clerk Jeff Taraday said the committee can still recommend. Councilmember Buckshnis commented the leasees have been with the Frances Anderson Center for many years and their rentals are stable and consistent. Ms. Burley agreed. She said this minor issue typically would be brought to a committee, but was necessary to proceed with the next item. Councilmember Paine asked if the rents were comparable to other buildings and if there was a policy that guided the rent amount. Ms. Burley was not certain when the rents were established and said the existing current policy is to increase rents according to the inflation rate. In her personal opinion, the rents were below market, $1.01 per square foot, and market rate was quite a bit higher than that. The rental rate for City of Seattle is in the $23-$25 per square foot range. However, these rents are much higher than some other community -serving organizations such as the Boys & Girls Club which is a $1 per year. 2. FRANCES ANDERSON CENTER TENANT RELIEF PROGRAM Deputy Parks & Recreation Director Shannon Burley reviewed.. • Tenant Relief Request Edmonds City Council Approved Minutes April 14, 2020 Page 2 0 6 of 7 tenants not able to operate due to stay at home order (Sculptors Workshop closed mid - April). Main Street Kids continues to operate as an essential business. o Council authorized a 60-day moratorium on evictions of small businesses and non -profits o Mayor appealed to landlords to "find a way to work with tenants to weather this financial storm" through open letter on March 27 o The staff believe it is unfair to charge rent to the tenants who are not legally allowed to use the leased premises as intended during the "Stay Home -Stay Healthy" order o We see great value in the services that these organizations provide to our citizens and feel this is one way in which we are able to support their efforts to remain intact when this is over. o Request is to authorize staff to work with tenants o Resolution in packet on pages 43-44 Tenant Relief Summ worst case scenario through August Customer Aril Ma June July August Edmonds Arts Festival 608.80 608.80 608.80 608.80 608.80 Edmonds Montessori 2,358.90 2,358.90 2,358.90 2,358.90 2,358.90 Olympic Ballet 5,211.17 5,211.17 4,604.72 4,604.72 4,604.72 Sno-King Youth Club 1,761.71 1,761.71 1,761.71 1,761.71 1,761.71 Sculptor's Workshop 2,269.20 2,269.20 2,269.20 2,269.20 So Co Senior Center 890.25 890.25 890.25 890.25 890.25 Toddle Time Main Street Kids Driftwood Players 200.00 200.00 200.00 200.00 [.Monthly Total $10,830.83 1 $13,300.03 $12,693.58 $12,693.58 12,693.58 Staffs Request o Council forward resolution to special meeting for ratification and adoption which would authorize staff to work with tenants to find a solution that helps ensure their viability. Councilmember Buckshnis referred to the Tenant Relief Summary, noting the total through August was approximately $60,000. Councilmember Paine asked if any these groups planned to apply for federal grants that will be available to non -profits. She commented a loss of approximately $63,000 over the next five months would have a significant impact on the City's budget and its ability to sustain programming and she was not aware of any municipal grants for cities of Edmonds' size. She commented it was a matter of balance. Ms. Burley said that would be part of staff working with the tenants to identify a solution. The resolution is written worst case. Initially when the resolution was drafted, the thought was the month of April and possibly May. No one wants to see it extend through August. Staff will work with the tenants to ensure they are aware of all the resources available to them so their only source of relief is not just the City. Councilmember Paine asked if there was a policy guiding this relief other than the Attorney General's opinion. Ms. Burley said Mr. James will present a financial policy later on the agenda that will assist with decisions being made from the City's perspective. This relief does not fall within any existing policy but is related to responding to tenants who are somewhat scared. With regard to the comment about valuing these businesses, Councilmember Olson agreed all Edmonds businesses were valued regardless of whether they were a tenant in an Edmonds -owned building or in a private building. She urged caution with regard to that point, commenting because the City valued the businesses was not a reason to do this. All businesses are valued and the City Council does not have control over other businesses. Edmonds City Council Approved Minutes April 14, 2020 Page 3 Councilmember Olson wondered what the auditors would say about this with regard to the gift of public funds. She was differentiating between the tenants because it may not be a gift of public funds for a non- profit but she was concerned specifically about the Olympic Ballet and Edmonds Montessori which are private enterprises. She suggested having a conversation with the auditor's office about that issue before the Council approves this. Ms. Burley relayed City Attorney Jeff Taraday determined this would not be a gift of public funds and would be authorized from a legal perspective due to the current crisis and because the building has been closed by the City. Mr. Taraday said he could speak to this from his perspective but not from the auditor's perspective. Councilmember Olson asked whether Olympic Ballet and Edmonds Montessori should be differentiated from a legal perspective with regard to a gift of public funds. Mr. Taraday answered he did not think so. He referred to the Attorney General's memo that he circulated that talks about in order to have an unconstitutional gift of public funds, there would need to be a showing of several things and any one of four things can defeat a finding of unconstitutional gift of public funds. The first is to look at whether or not the funds being expended serve a fundamental governmental purpose. In this case, because all of these are considered community partners, an argument can be made that they are in some way serving a fundamental purpose of government. The FAC rooms would not be leased to just any business; they are only leased to businesses that are partnering with the City to provide recreational programming that the City values. For example, it's not just a come one, come all and there are law firms operating in the FAC. The fact that they are City tenants, a fair argument can be made that they are serving a fundamental governmental purpose. Mr. Taraday said another argument that can be made is it is in the City's interest to keep its own tenants afloat and operating. If there was concern that by not providing this rent relief that one or more of these businesses might fold and not exist after COVID-19 is over, that would not necessarily be a good thing for the City. An argument could be made that while there is benefit to the businesses to receive rent relief, there is also benefit to the City in helping keep these businesses afloat. At the end of the day, there is not a clear, bright line test for gifting of public funds. He was not concerned, especially based on the Attorney General's recent memo, that there would be a successful lawsuit for an unconstitutional gift, but he could not speak to how the auditor would treat it. Council President Fraley-Monillas was not concerned it was gifting public funds because if these businesses do not receive some relief, they likely will not rent from the City in the future. All these groups are not operating at the FAC now and are losing money. She had no problem with providing rent relief and did not believe it would be an audit issue based on the coronavirus and the Governor's mandate. She summarized this is what a city should do and she supported moving it to the action portion of the agenda. 3. REPORT ON BIDS FOR PHASE 7 SEWERLINE REPLACEMENT PROJECT City Engineer Rob English reviewed: • Bids opened early April • Project will replace o 23,000 feet of sewer line and sewer structures o 725 feet of water main. • Project advertised in March and four bids received Contractor Bid Results Amount Shoreline Construction $2,226,836 Rodarte Construction $2,284,755 Colacurcio Brothers Const. $2 564,727 *Road Construction NW* $2,071,236 Edmonds City Council Approved Minutes April 14, 2020 Page 4 Engineer's Estimate $2,264,853 *Non -responsive bid • Construction Budget Item Amount Contract Award $2,226,836 Construction M mt, Inspection & Testing $ 334,025 Management Reserve 10% $ 222,684 Total $2 783 545 • Construction Funding Item Funding Sewer Utility — Fund 423 $1,617,374 *Unspent Sewer Utility Fund $ 796,250 *Unspent Water Utili Funds $ 504 092 Total $2,917 716 *Excess funds from Lake Ballinger Trunk Sewer Study, Dayton Utility Replacement Project and Phase 10 Waterline Replacement Staff Recommendation o Place the item on the April 21, 2020 Consent Agenda to award a contract to Shoreline Construction o Authorize a 10% Management Reserve of $222,684 Councilmember Buckshnis asked if there was a timing issue associated with this. Public Works Director Phil Williams answered there was not. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER OLSON, TO FORWARD THIS ITEM TO THE APRIL 20, 2020 CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. 4. REPORT ON BIDS FOR THE 2020 PAVEMENT PRESERVATION PROGRAM City Engineer Rob English reviewed: • Will pave approximately 3.4 lane miles • Proiect advertised in March and received six bids Contractor Bid Results Amount Central Pavin , LLC $707, 776 *JB Asphalt $777,763 Lakeside Industries $817,449 Cadman Construction $840,187 Northshore Paving $899,404 Granite Construction $986 502 Engineer's Estimate $799,556 *Non -responsive bid Mr. English explained although Central Paving in Ellensburg has been in business for over ten years, they are new to Edmonds and have not bid a lot of projects on the west side of the state. Staff did additional research and follow-up on references and feel they are qualified and experienced to proceed with the project. He continued his review: • Construction Budget Item Amount Edmonds City Council Approved Minutes April 14, 2020 Page 5 Contract Award $707,766 Construction M mt, Inspection & Testing 5 $1t77 Management Reserve 10% $ 7Total $88 w Construction Funding Item Street & General Fund REET 1 — Fund 125 r$307,860 REET 2 — Fund 126 Water Utili — Fund 421 $ 43,561 Total $884,708 Staff Recommendation o Place the item on the April 21, 2020 Consent Agenda to award a contract to Central Paving o Authorize a 10% Management Reserve of $70,777 Public Works Director Phil Williams said Central Paving had good recommendations, the only hesitation was they have not done a job of this size. He was hopeful it worked out well and the City would have experience with another good contractor. Council President Fraley-Monillas asked about the indication that JB Asphalt's bid was non -responsive. Mr. Williams did not recall the specific defects in their bid but it was missing documentation and so it was an easy rejection. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, TO FORWARD THIS ITEM TO THE APRIL 20, 2020 CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. 5. PRESENTATION OF A PROFESSIONAL SERVICES AGREEMENT WITH OSBORN CONSULTING FOR PHASE 2 & 3 (2021-22) STORM UTILITY REPLACEMENT PROJECTS Public Works Director Phil Williams advised staff had discussion about this today to match the phraseology in the Governor's directive regarding what can/cannot be addressed by Council during this period when the Open Public Meetings Act (OPMA) regulations are not fully in place. It was decided discretion was the better part of valor so this item will be pulled from the agenda with Council concurrence and brought back as soon as possible. In the meantime, staff will work with the consultant on a very small contract to get started and the bulk of the work will be brought to Council either in a separate contract or a supplemental as soon as the Council has the ability to consider it. 6. ORDINANCE FOR TRANSFER OF HOMELESSNESS RESPONSE FUNDS Development Services Director Shane Hope commented COVID-19 is having a great deal of impact on the community, not only people who are ill with the virus but also impacts as residents struggle with lower incomes, reduced hours or being laid off temporarily, increased costs, etc. This is particularly difficult for people with lower incomes where a month -to -month situation becomes even more difficult when income is reduced or expenses necessary to sustain themselves increase such as extra childcare, etc. Low income is those earning 60% or less than the Snohomish County median income. Ms. Hope relayed Councilmember Distelhorst's inquiry about this, and reference to other cities such as the City of Shoreline who are providing temporary funds to help community members through this crisis. The Homelessness Response Fund remains available and the thought was that this was an opportunity to prevent Edmonds City Council Approved Minutes April 14, 2020 Page 6 people who have housing from becoming homeless or experiencing extreme problems with an inability to pay rent and make it up later, or paying utilities, medical costs, childcare, etc. during this time. The fund has approximately $225,000 and consideration was given to making $100,000 available to help families in Edmonds experiencing income loss or increased expenses due to COVID-19. The proposal is a program that would be temporary, go through July 30, 2020, that would be administered the Development Services and Community Services Departments. The funds would not be provided directly to families but going through existing social service agencies. She anticipated there were about three agencies that would be a good fit. Ms. Hope explained if the Council believed this was important to do, the concept would be an ordinance (draft in packet) that could take effect immediately if adopted as an emergency ordinance and provide for transfer of those funds. A separate budget amendment would also be required. Councilmember Buckshnis thanked Ms. Hope for answering several questions for her today. She asked them again to assure the public that this had been vetted. She was concerned this targets only about 100 families and she recalled the Koenig report identified 438 families. She asked how the 100 families would be selected and expressed concern with the administrative aspect of this. Ms. Hope answered because the agencies have knowledge of these people, they are able to reach out more quickly than the City can. A number of agencies are already working with these families because they are lower income. They are not necessarily homeless, they may currently have housing, but they have relatively low incomes. Councilmember Buckshnis referred to residents of the YWCA Trinity House as an example of people experiencing impacts. Ms. Hope said another example is Washington Kids in Transition. There are agencies already working with lower income families that could easily help with this program. Councilmember Buckshnis asked if there would be assurance that it was helping Edmonds -based residents. Ms. Hope answered yes. The criteria that would be part of the agreement with each agency includes they need to be living in Edmonds and earn less than 60% of Snohomish County's median income ($59,000 or less for a household of 4 in 2019) and demonstrate they are impacted by COVID-19 such as lost income or direct COVID-19 costs they need help with. If the program is up to $100,000, some households could receive $500 which would reach more than 100 families. Council President Fraley-Monillas said she had broader concerns regarding this and the City's budget. She would be more comfortable with this if the discussion occurred in a month as potential issues with the City's budget will be discussed later on the agenda and at future meetings. Another issue, as a former Department of Social and Health Services (DSHS) employee, is people can seek assistance from DSHS for a lot of the things this fund would pay for. The governor has allocated funds to assist families. She urged caution, noting once this money is gone, it's gone. One of the reasons this money hasn't been spent is the interest in hiring a human service person who has the ability to garner grants. Use of these funds will greatly impact the City's ability to hire anything but a part-time person for 6-10 months. She was concerned this use of the funds would not provide a good bang for the buck. Councilmember L. Johnson appreciated the intent and the work on this ordinance. As the ordinance states, it is a short-term program and she preferred to pause to, 1) get a fuller picture of what the needs are and what the needs will be, and 2) get the human services manager position filled and up and running. She hoped by doing both of those and pausing for 1-2 months, the City's limited funds could be used to have a longer lasting and wider impact for supporting citizens in need. She was hopeful this support would flow through that new position and if not, pausing and the Council working collaboratively to determine how to use the funds to have a longer lasting impact. Edmonds City Council Approved Minutes April 14, 2020 Page 7 Councilmember Buckshnis relayed her understanding the City had a hiring freeze. She asked if the City still planned to hire that person or if the position been filled. Ms. Hope answered there was an interview process and it looked like someone would be hired prior to the current direction that the Mayor has given to hold off with hiring. Also due to COVID-19 impacts, the top candidates were not able to accept the position which will require a new hiring process. Mayor Nelson said the hiring freeze does not include COVID-19 related responses such as backfilling police officers and this position which is directly related to COVID-19 response. Councilmember Olson pointed out in talking to the City's HR Director, there is a lot of overlap in the job description of the human services manager and the services provided through Verdant Healthcare and the partnership they have with Volunteers of America that operates the 211 call center. Rather than addressing homelessness associated costs, responding to the homeless' needs is being done through 211. If the City is looking for ways not to spend money, that may be a good position to hold off on. Councilmember Distelhorst thanked Ms. Hope and Mr. Doherty for working on this and agreeing to implement the process if passed by the Council. He appreciated Council President Fraley-Monillas and Councilmember L. Johnson's interest in delaying this 1-2 months, but was concerned what a 1-2 month delay will mean to some of these families. As Council President Fraley-Monillas said during the discussion of the Frances Anderson Center tenants, this is what a City should do — look out for the most vulnerable citizens. Council President Fraley-Monillas agreed this was an important piece to move forward somehow but she was not 100% convinced that this was the way to use the money. In response to Councilmember Olson, the fund is related to more than the homeless; it is related to people with disabilities, veteran housing, seniors, etc. This position was discussed at length last year and the Council ended up understanding this wasn't exactly what Verdant chose to do with their 211 line. She was hopeful this position could still be filled. She recalled Mr. Doherty interviewed an individual who was an absolutely perfect person for the position and had experience in all areas, not just homelessness, but dealing with people who need a little extra support as well as the person was a grant writer. The hope was to hire someone who could write grants, recognizing the City will have to prove itself the way other cities have. Grant funding has the potential to pay for the position as well as support they provide. The federal government is providing stimulus funds which may hold people over for a month. Council President Fraley-Monillas agreed with Councilmember Distelhorst that the Council needed to move on this sooner than later but was not certain today was the right date. The Council has time to consider this to ensure it is not a one-time expenditure. She questioned how this was sustainable; if people are provided some level of funding to address whatever their needs are, what happens when that money is gone? She felt it was critical to fill the human services position and said the Council could use the money in this fund to make it a more desirable position. One of the issues is it has been difficult finding candidates interested in a part-time position. If the Council wants to toss money at the problem, it may be more beneficial to toss the money at the position to allow a quality person to be hired who can obtain grants and who knows how to serve the public as a whole. She thanked Councilmember Distelhorst for thinking outside the box to take care of people who need a little extra help. She wanted to move forward but wanted a better feel regarding the sustainability of the project. Councilmember K. Johnson said it was very important to have a clear program before the Council agreed to spend $100,000. It is not a lot of money, $1000 per family would only help 100 families and she was certain the need was greater than that. She was also concerned the use of the funds was very broad and many of the things listed are duplication of services such as utilities and medical. There are other programs; Council Assistant Maureen Judge created a list of resources available to seniors to provide assistance in many of these areas. Before the Council moved forward, she preferred to be much more specific so the Edmonds City Council Approved Minutes April 14, 2020 Page 8 Council knows where the money is going and the people that are being served and look more closely at the needs from an affordability standpoint. She said 60% of median income may be too high and possibly a lower amount should be considered. She summarized she did not think the Council was prepared to move forward today but appreciated the thought and effort that had gone into it and hoped Council and staff could continue working on it in the future. Councilmember Paine commented this was a very interesting way to look at the need for services during this emergency time. She was interested in more data, the demographic in the community for the 60% and how many people were in that category. She was concerned with using $100,000 and suggested reducing the grant amount. She did not think the use of the funds was broad, noting the proposed bills that could be paid were very real. She assumed there would be accountability and a report at the end. She asked how many people within the City earned 60% of median income. Councilmember Olson said she would always appreciate more specificity and a better understanding of exactly how the money would be spent at the time the Council authorized it, but she appreciated that it would go directly to the need. Too often government is expanded and the money does not go directly to the need. Adding personnel at a time when the budget is unknown seems much riskier and the grants this person obtains are taxes from another level of government which will also be stressed as a result of the pandemic. If the intent was to spend the money set aside for homelessness, she preferred that it be used to directly address the need rather than expanding government. With regard to the human services manager position, Councilmember L. Johnson said the previous Council saw the need and supported the creation of the position. There was a need then even when the economy was strong and the need has only increased with the current crisis. That position and making sure whatever limited funds are available to support the position is the best way to support community members in need now and in the future. Council President Fraley-Monillas asked Mr. Doherty to report on the status of that position. Economic Development/Community Services Director Patrick Doherty explained the position has been opened again and a couple applications have been received. Things have changed substantially since the job was posted. The top two people that were under consideration before the COVID-19 shutdown found themselves in different circumstances in their family and career. Anybody who is applying now is doing so with the full knowledge of the situation and will be more reliably interested in a part-time position than the people who applied before things changed. He was hopeful the position could be filled and agreed with Councilmember L. Johnson that the need was even greater than when the position was contemplated last fall when the economy was booming. Council President Fraley-Monillas encouraged Mr. Doherty to look for someone with experience in grant writing so the position and its efforts could be supported by grants. She understood it will take a 12-18 months of someone doing the job before they will be able to obtain grants because typically no one wants to provide grants to a program that is just beginning. Grant writing will be a large part of this position to avoid it affecting the City's budget. Mr. Doherty said as a result of the CARES Act, there has been more money released to the Community Development Block Grant (CDBG) program so substantially more money is flowing to states and counties. Edmonds is not a direct entitlement community so the City does not receive money directly from CDBG but Snohomish County receives money and the City can apply for use of the funds. The criteria have loosened somewhat and the type of things that have been discussed related to this fund, directly helping people with lower income, is the type of thing the CDBG funds can be spent on. He has contacted the CDBG coordinator in Snohomish County to express the City's interest in applying for money from CDBG to address these types of things. As soon as that position is filled, that will be one of that position's top jobs. Edmonds City Council Approved Minutes April 14, 2020 Page 9 Council President Fraley-Monillas asked if 60% of median income was too high and whether it should be lower, such as 40%. Mr. Doherty answered 60% is standard for CDBG and other federal programs which is why 60% was selected. Ms. Hope agreed. Mr. Doherty said it was at the discretion of Council to select a lower percentage. 7. ORDINANCE AUTHORIZING EXTENSION OF DEVELOPMENT PERMIT EXPIRATION DATES DUE TO COVID-19 IMPACTS Development Services Director Shane Hope said COVID-19 has slowed a lot of things including construction and development projects. A number of projects are still moving forward but the timing has changed. The governor's Stay Home -Stay Healthy proclamation shut down many types of construction until the order ends, at least through May 4"' and it may be extended for some projects. Meanwhile because of COVID-19, the construction process takes longer due to the requirement for social distancing, sanitation, etc. and turmoil in the industry. That affects a lot of people including small businesses, a homeowner with a remodeling project, etc., because their permits will expire at a certain point. The City has a permit extension process which normally requires a fee of several hundred dollars or more depending on the project. The extension also requires additional staff review. Ms. Hope explained the intent of the ordinance was to recognize everyone involved in remodeling, repair, construction projects, etc. is affected by COVID-19 and rather than a one -by -one process for extending permits, do a blanket 120 days extension. That would make it easier for staff and easier for the people applying who would have to apply for an extension and pay a fee. This would be a one-time thing, effective through the governor's order that closed construction and development projects and would be in effect only for that limited period of time. Staff is receiving calls from people concerned their permits will expire. The ordinance is on the agenda for action later in the meeting. Councilmember Paine asked if this only affected permits already in the pipeline. Ms. Hope answered yes, it only affected active permits. She acknowledged there may be projects that do not need to avail themselves of an extension but rather than staff trying to determine that for hundreds of permits, the thought was to do a blanket extension. Councilmember Paine asked about someone who submitted for a permit tomorrow and then instead of a 1-year period, would get a 16 month permit. She asked if they would be eligible for the extension. Ms. Hope answered they would get a 120 day extension. Once the order expires, new permits will not qualify for the extension. Because the entire industry is disrupted, rather than make people wait or go through another process, existing and new permits would have an additional 120 days to complete their project. Councilmember Olson expressed appreciation for the straightforwardness of this item, commenting it made total sense and was a win -win for everyone involved. She was certain the permittees were appreciative of this proposal. Councilmember Buckshnis agreed the ordinance was well done. She suggested in the sixth Whereas, adding the date of March 5, 2020. She suggested putting approval of the ordinance on the Consent Agenda. Ms. Hope advised that would be easy to do. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO FORWARD THIS ITEM TO THE APRIL 21, 2020 CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. Councilmember K. Johnson raised a point of order, noting similar action was not taken on items 1, 2 or 6. Mr. Taraday said items 1, 2 and 6 are on the agenda for the special meeting so there would be an opportunity to provide direction on those items. Edmonds City Council Approved Minutes April 14, 2020 Page 10 8. DISCUSSION OF PROPOSED CRISIS FINANCIAL MANAGEMENT POLICY Finance Director Scott James commented our collective hearts goes out to our community as we all deal with the impacts of COVID-19, and Especially to those who have lost a loved one due this terrible disease. He reviewed: • COVID-19 has come upon us with unprecedented speed and level of impact • The City has entered this crisis in strongest financial position the City has ever been in • Over the last several years, the Administration and City Council have exercised fiscal restraint and we were able to build up of the reserves that we currently have • We may not know the final toll COVID-19 will have on us for many week or even several months from today • However, as financial stewards of our citizens' tax dollars, we must start to take action to address the financial distress this crisis is causing our City • The primary goal of the proposed policy is to ensure that the City will be able to financially sustain the ongoing operation of our City • I know there is a lot of interest in learning about how deep the City's finances are being impacted. I can appreciate these sentiments as they are concerning to us as well. However, we cannot furnish the estimated financial impacts tonight. Mr. James explained "Crisis Financial Management" refers to financially disruptive events that may materially impact the City's finances, either from an expenditure or revenue perspective. He reviewed the policy: • A. Purpose The Crisis Financial Management Policy (Policy) is established to ensure that the City can sustain on -going operations. It will trigger measures to ensure that financial challenges to the General Fund are dealt with in a timely, prudent and cost effective manner. The Policy sets forth guidelines for City Council, Mayor and staff to use to identify and close spending gaps. o The intent of the Crisis Financial Management Policy is to: E. Inform Mayor, City Council and Citizens of impending financial threats to City's ability to sustain on -going operations; • Establish trigger points implementing the Crisis Financial Management Plan; ■ Promote consistency and continuity in the decision making process; ■ Demonstrate a commitment to long-range financial planning objectives; and ■ Ensure that budgetary decisions are incorporated into long-range financial planning. • B. Activation A Proclamation of regional or national crisis by City of Edmonds Mayor, Washington State Governor or United States President has been issued, and the crisis is expected to cause significant decline in the General Fund's revenue projections or requiring significant increases in expenditures to respond to the crisis. o The Mayor has the power to declare the "Crisis" as a fiscal emergency based upon one of the following having occurred: ■ A natural catastrophe; ■ An immediate threat to health and public safety; or ■ Other significant event such as war or economic depression. o The Crisis declared by the Mayor must be approved by a simple majority of the City Council. Once Council approves the Mayor's declaration and when trigger points listed below have been met, activation of this Policy will become effective. • C. Triggper Points for Implementation The severity of the Revenue declines or Expenditure increases will dictate how the City Administration will address the fiscal crisis and balance the General Fund Budget. Edmonds City Council Approved Minutes April 14, 2020 Page 11 o Level 1: — If unanticipated fund balance declines are greater than 5% due to Crisis related revenue declines and/or Crisis related expense increases, then a hiring freeze for all new employees will be implemented with the exception for the hiring of specific crisis intervention employees. If Level 1 is implemented, Mayor or Mayor's designee must notify Council. Note: Mayor has authority to determine whether the new employees meet the crisis intervention criteria. o Level 2 — If unanticipated fund balance declines are greater than 10% or it is anticipated that the combined fund balances of the General Fund and the Contingency Reserve Fund will drop below 20% due to revenue declines and/or Crisis related expenses increases, then the Mayor or Mayor designee must, in order of priority: ■ Place a moratorium on all non -Crisis related General Government debt issuance. ■ Freeze all non -essential expenditures that may include capital outlays for projects, equipment or land. ■ Use unappropriated fund balances from the General Fund Subfunds to balance the General Fund budget. ■ Finally, the Administration will be authorized to utilize the Contingent Reserves to balance the budget. o The Mayor or Mayor's designee must provide Council monthly updates on unanticipated fund balance and revenue declines and expense increases. o Level 3: — If the Contingency Reserve Fund Balance is exhausted and the anticipated General Fund Reserves are projected to fall below 16%, then the Mayor or Mayor's designee must present a Crisis Financial Management Plan to Council within one month after these conditions have been met. The Plan must include details explaining how the Administration will restore the General Fund and the Contingency Reserve Fund fund balances to match policy requirements within the next twelve months. Council must adopt the Plan within one month after receipt of the Plan. • D. Crisis Financial Management Reporting Crisis Financial Management Plan reports must be delivered to Council once per month and include: o Level of response being implemented o Timeline the Plan covers o Primary causes for the Revenue declines and the expected time period for the decline o Updated projections for revenues losses, expenditure increases and use of fund balance reserves o Expected outcome from Expenditure increases and time commitment for increases o If a Level 3 response is warranted, then a list of expenditure reductions by type with discussion on impacts to the related Level of Service and how the reduction affects the City's budget priorities. • Non -Essential Fund Balances Non -Essential Fund Balances Facility Maintenance Fund 016 Marsh Restoration Fund 017 Homelessness Response Fund 018 Opioid Response Fund 019 Fund Balance Fund Balance as a % 1/1/2020 of General Fund Budget $210,221 $864,491 $125,443 $50.000 Available Non -Essential Fund Balances $1,250,155 2.6% Contingent Reserve Fund 102 $1,782,150 3.7% General Fund 001 $15,616,552 32.4% Subtotal of Reserve Fund Balances $17,398,702 36.1 % Total General Fund and Non -essential Fund Balances $18,648,857 38.7% Edmonds City Council Approved Minutes April 14, 2020 Page 12 • Fund Balance Policy Thresholds Level 1 Fund Balance Impact Range > Level 2 Fund Balance Impact Range > Level 3 Fund Balance Impact Range > Sales Tax Analysis by Category 0 2020 Sales Tax Budget: $8,450,000 o Current Period: March 2020 o Year -to -Date Total: $2,187,876 Fund Balance Declines Amount $869,935 < $1,739,870 $1,739,870 < $7,749,739 $7,749,739 Mr. James thanked Mayor Nelson and Assistant Finance Director Turley for all their time and effort in helping put this proposed policy together. Councilmember Buckshnis said the public should be allowed to weigh in. She asked if the trigger points, Levels 1, 2 and 3 and the decline, was a monthly or quarterly decline. Mr. James answered administration is developing estimates of the financial impacts due to COVID-19. For instance the sales tax numbers, those funds were actually collected by the state beginning in November; the state sends sales tax revenue two months after it is collected. Additionally, the Washington State Department of Revenue granted extensions to filers and some sales tax payments will not be filed potentially until August and received two months later. Levels 1, 2 and 3 will be based on estimated projections. Councilmember Buckshnis suggested forming a small subcommittee to work on those numbers. She said this will be more meaningful once estimates are available. She commented there were so many factors at play when dealing with the wealth and health of the City and looking at measures. For example, what if the desire is to complete Civic Field but not use $2 million from the General Fund and bonding is so attractive right now. She commented Level 2 says not to do bonding but it may be advantageous to bond to finish that project because investors are interested in AAA rated municipal bonds. She wanted to see estimates and more concrete data to review the trigger points. She commended Mr. James on developing the policy. Councilmember Buckshnis observed the crisis declared by the Mayor must be approved; she asked if that was approval or ratification. Mr. James said approval could be in the form of ratification. There is something like that later on tonight's agenda. Councilmember Buckshnis asked if the intent was to approve the policy tonight. Mr. James said the policy is being presented to Council tonight for comments, questions and feedback. Councilmember Buckshnis said a few citizens have weighed in, there needs to be more definition and some estimated numbers to consider the various levels. Councilmember Paine asked if monthly reports to the Council would be adequate and how often staff received data. Mr. James answered the City receives a monthly report from the state regarding sales tax revenue. Staff has reached out to larger sales tax generators, for example in the auto industry, to get an idea of how they are impacted. Just looking down Main Street reveals the lack of people visiting downtown and the impact to restaurants and retailers downtown. He has also reached out to realtors to get an idea regarding real estate sales. The City receives closing requests from title companies for utility bills and those have continued which is a sign that things are still moving forward. Driving through the community he has noticed that houses still being sold. Construction has been halted and he assumed as soon as the stay at home order is lifted, construction will resume. He citied examples such as the Waterfront Center and Civic Field as well as the apartment complex on Highway 99 that has paid a great deal in impact fees. Those projects are vested in moving forward. He was optimistic big projects will come online and restore revenues that are currently being lost. Councilmember Paine referred to Level 2 in which the Mayor or designee must, 1) place a moratorium on all non -Crisis related General Government debt issuance, 2) freeze all non -essential expenditures that may Edmonds City Council Approved Minutes April 14, 2020 Page 13 include capital outlays for projects, equipment or land, 3) use unappropriated fund balances from the General Fund Subfunds to balance the General Fund budget, and 4) the Administration will be authorized to utilize the Contingent Reserves to balance the budget. She had assumed there would have to be a request for use of those funds from Council but the policy did not seem to include that step. She asked about the Council's involvement in how funds were spent. Mr. James answered the intent of presenting the policy to Council for feedback was to solicit input on those priorities. The moratorium is administration's suggested way to approach Level 2. Freezing non -essential expenditures is the administration recommendation. With regard to using unappropriated fund balances, he explained there are funds set aside that are just sitting idle. If the crisis gets serious and goes into a deeper level, it would be nice to have access to those funds to relieve stress on the City's finances. Councilmember Paine agreed, but asked where the Council came in on the use of those funds in items 3 and 4. Mr. James explained the General Fund budget has $48M based on revenue streams coming in. The reason this policy is being proposed is concern those revenue streams will not come in as anticipated and non -essential expenditures and/or unappropriated funds would be used to balance the budget. Council has already made a recommendation related to the budget. With regard to the role of Council in releasing contingency funds, Mr. Taraday said there is a statute that addresses withdrawal from contingency funds, RCW 30.5A.33.146, that states no money shall be withdrawn from the contingency fund except by transfer to the appropriate operating fund authorized by a resolution or ordinance of the Council. At some point before those funds could be used, there would have to be Council action. Mr. James recalled last year the Council approved the Fund Reserve Balance Policy which identifies what must take place in order for the administration to access the Contingent Reserve Fund balances. That policy was not included in the packet but could be in the future. Councilmember Olson struggled with the value of having these policies in place when staff could just come to Council for direction. She was concerned with developing a policy regarding handling a financial crisis in the middle of a crisis without the experience of having been through a financial crisis. She recalled a citizen who stated having not been through a crisis and being in the midst of a crisis, was there value in perhaps working on this as the City is figuring this out and finalizing it once this situation is concluded. Mr. James said the policy can be a communication tool to citizens and staff. It is important to let citizens and staff know that the crisis is impacting the City in a material way and requires the City to address how the crisis is being addressed, what is being done to mitigate expenses, and whether spending will be curtailed in certain areas. Whatever expenses are curtailed, those impacts need to be reported to Council. It is important to communicate the impacts and that is basically what this policy does, it asks to communicate how the City plans to address the crisis from a financial perspective. Councilmember K. Johnson said this financial policy looks very similar to one that the Long Range Financial Planning Committee discussed. She did not recall if it had adopted. The policy has been updated to include this particular crisis. For the new Councilmembers, Mr. James explained the City had a Long Range Financial Planning Committee in place for approximately three years that ended last year. The committee worked on many different policies, perhaps the policy Councilmember K. Johnson was referring to was the gap closing policy which although it may have been discussed in committee it was never brought to Council. Councilmember K. Johnson said this concept was not new to her because it had been discussed in the past. She wanted citizens and the Council to know this was not something that had just been developed in the last month but had had careful consideration. She commented it is important that Council's role be very clear. For example when Mayor Nelson issued a press release that he was donating $200,000 for three food charities, the Council did not review or approve that. She was uncertain how those funds were put together. The Council has a role in the checks and balances and needs to work with the administration and the Mayor Edmonds City Council Approved Minutes April 14, 2020 Page 14 during a crisis management period. It is not just the fund balances but the costs associated with it such as $100,000 for a homeless transfer, $200,000 for food, or the 6% and 3% increases for staff receiving hazardous pay. Councilmember K. Johnson commented it would be very helpful to have a snapshot of where the City is to -date and where staff anticipates the City will be in the future. Mr. James said it is the intent of the administration to provide Council that snapshot in the next few weeks. Councilmember Buckshnis said she fully supported putting together a crisis policy. She agreed with Councilmember K. Johnson that this was part of another policy but has the same intent which was to fill the gap during a crisis. She agreed there needed to be better checks and balances. She preferred the $200,000 had been handled as an amendment so the Council was aware where the funds came from. She acknowledged the Mayor has the discretion to move funds within the budget, but she wanted to know where the funds came from. She was concerned that such an action could occur again, possibly $500,000 the next time. She emphasized there needed to be checks and balances in the policy where Council is apprised of the information and how it moves through the system; budget amendments identify how funds are moved within the budget. Councilmember Buckshnis said some of the subfunds are close to Councilmembers' hearts such as the Marsh Fund is close to her heart. She offered to work with staff on the policy, commenting it was very difficult to put numbers to it now because it is such a shifting environment. She supported establishing a policy and having more Council oversight or responsibility included so the Council was aware of what is going on. She agreed with Councilmember K. Johnson that this is not new information for the Councilmembers who have been on the Council for a while. She appreciated the work staff has done in developing the policy and recommended the Fund Balance Policy be included in the packet when this is discussed again. Councilmember Olson said she agreed with many of the things that have been said including how often the Council is being apprised of the situation. Depending on the situation, the Council may want an update more than once a month as the Council may be asked to support another expenditure. Mr. James said he heard from a couple Councilmembers about reporting and having Councilmembers more involved. He suggested Council identify a level of spending, for example, did the Council want to be informed of a $100,000 expenditure before was spent or in a monthly report. He suggested Council provide parameters so the administration could draft a policy that was meaningful for the Council. Council President Fraley-Monillas asked Mayor Nelson his take on the proposed policy. Mayor Nelson said the intent is to work collaboratively to address this and any future crisis by any future Mayor and Council. To establish parameters so decision are not made in a vacuum but providing some structure for making decisions. He explained the administration is making decisions in a crisis and having parameters would help guide and avoid rash decisions. It was not always easy to get seven Councilmember together even virtually and there will be times, particularly during a crisis, when flexibility and being able to respond quickly will be paramount. He agreed it was a balance and he recognized the Council wanting to have more oversight and more involvement and anticipated that could be done. At the same time there needs to be some flexibility to reasonably fund the day-to-day operations of the City to achieve the objective of protecting the health and safety of citizens. Council President Fraley-Monillas commented working together is an important piece but she recognized as a public servant for the State of Washington for 33 years, that crises happen and there are things the Mayor needs to do on a moment's notice. That being said, having the ability to be notified of what's occurring is important. Having a conversation with the Council would be beneficial so they understand as steps occur. She did not expect the Mayor to stop in the midst of a crisis to notify Council unless it is Edmonds City Council Approved Minutes April 14, 2020 Page 15 required by code, but notifying the Council as soon as the Mayor was able would go a long way to perhaps the issues that Councilmembers have raised. She thanked Mayor Nelson for his leadership and Mr. James for drafting the policy. If a dollar amount was desired, Councilmember Buckshnis suggested the purchasing amount of $100,000. She anticipated projections would provide a clearer, cleaner vision. Council President Fraley-Monillas agreed with Councilmember Buckshnis that there should be a number, but she was uncertain $100,000 was reasonable considering it was during an emergency. The Mayor currently has a $100,000 purchasing authority and that may need to be increased in an emergency situation. She anticipated $100,000 was probably not realistic in this day and age for the crises that could arise beyond this one. Mr. James said in order to access the subfunds and move them to the General Fund requires an act of Council via a budget appropriation. The $1.2 M he identified above would have to come to Council for approval. The Mayor already has a $100,000 authority and the budget ordinance grants the Mayor line item budget movement which he utilized to provide $200,000 to the senior center and the two food banks. This policy requires administration to communicate with Council which varies from the existing policies. Mayor Nelson recessed the Committee of the Whole and declared a 10 minute recess. 3. FLAG SALUTE/LAND ACKNOWLEDGEMENT The Edmonds City Council virtual online special meeting was called to order at 9:07 p.m. by Mayor Nelson. The meeting was opened with the flag salute. Councilmember L. Johnson read the City Council Land Acknowledge Statement: "We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water." 4. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present, participating remotely. 5. APPROVAL OF AGENDA COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 6. APPROVAL OF CONSENT AGENDA ITEMS COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL MEETING MINUTES OF APRIL 7, 2020 7. PUBI.,1C COMMENTS SUBMITTED TO EMAIL ADDRESS: PU BLI CCOM M ENT u, EDMON DW A.GOV) See Attached. 8. POTENTIAL ACTION Edmonds City Council Approved Minutes April 14, 2020 Page 16 FRANCES ANDERSON CENTER TENANT LEASE RATIFICATION COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO APPROVE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, RATIFYING CERTAIN BUILDING USE AGREEMENTS FOR TENANTS OF THE FRANCES ANDERSON CENTER. Councilmember K. Johnson commented as a general rule, the Council did not take action on the same night that something was discussed. Because these two motions are retroactive to April 1, she made the following amendment: COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO PUT THIS ITEM ON THE CONSENT AGENDA FOR NEXT WEEK. Councilmember Olson asked if the amendment was only for item 8.1, the Tenant Lease Ratification. Councilmember K. Johnson said it was for both Items 8.1 and 8.2. Councilmember Olson wanted Item 8.2 to be on the agenda next week and not on the Consent Agenda. She wanted an opportunity to contact the auditor's office and wanted Council to consider the equity for doing this for non -partner company tenants. She felt it was a stretch to call a couple of the businesses City partners such as the preschool and the ballet company, and suggested Councilmember consider what they would be doing for some businesses in Edmonds versus others. Councilmember Buckshnis raised a point of order, the Council decided last week that there would be a Committee of the Whole and agreed to add a special meeting to the agenda. This is a special meeting and these items are on that agenda. The Council can add the items to the Consent Agenda or vote on them tonight. Council President Fraley-Monillas expressed support for Councilmember K. Johnson's motion to move items 8.1 and 8.2 to next week's Consent Agenda. The Council has already discussed Agenda Item 8., but it would be reasonable to vote separately on Items 8.1 and 8.2. MOTION CARRIED (6-1), COUNCILMEMBER PAINE VOTING NOT. 2. FRANCES ANDERSON CENTER TENANT RELIEF PROGRAM Mayor Nelson commented Councilmember K. Johnson's motion above applied to this item as well. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO PUT THIS ITEM ON THE CONSENT AGENDA FOR NEXT WEEK. Councilmember Olson suggested tabling this item to next week. Mr. Taraday said when an item is put on the Consent Agenda, any Councilmember can pull an item from the Consent Agenda. Once an item is removed from the Consent Agenda, a separate motion and vote is required. If the intent is not to vote on this item next week, that is a different motion. Councilmember Olson wanted to take a vote next week but did not want it to be on the Consent Agenda. Council President Fraley-Monillas raised a point of order. There is already a motion on the floor to put this item on Consent next week. Councilmember Olson's suggestion is opposite of the motion so to accomplish that, she needs to encourage Councilmembers to vote against it. Edmonds City Council Approved Minutes April 14, 2020 Page 17 Councilmember Olson wanted this to stay on Councilmembers' radar to be thought about and studied for next week. When it is on the Consent Agenda, that occurs to a much lesser degree. She would like the opportunity to call the auditor's office and relay their opinion to the Council. Separately and additionally, she wanted Councilmembers to think about the issue of equity for all businesses in Edmonds. Since there is no urgency due to the existing moratorium on eviction of small business tenants, there is no reason not to put this off for a week to give it more considered thought. She encouraged Councilmembers to vote no on the motion to put this item on the Consent Agenda. Councilmember Paine expressed support for Councilmember Olson's suggest. She would like to see more policy development around this topic. From an audit standpoint, it is very helpful to have a policy to point to regarding this topic. Council President Fraley-Monillas encouraged Councilmembers to support the motion to move it to Consent next week. This is a crisis and now is not the time to all of sudden stop what we're doing and see if what we're doing is correct or should there be a policy. That is appropriate for after the crisis is over. Councilmember Olson reminded with the moratorium on rental evictions, there is no sense of urgency on this item and there is no reason to put it on the Consent Agenda next week. Council President Fraley-Monillas said the issue of urgency is these businesses do not have anyone in their spaces financially supporting their programs. Every week or month payment of rent is required, the tenants will potentially have to pay back rent. This needs to move forward. She will agree with putting it on Consent next week instead of taking action tonight, but every week's delay is a bill to the non -profits that this supports. Councilmember Olson commented everything that has been said is true for every business. Councilmember Paine raised a point of order, stating both Councilmember Olson and Council President Fraley-Monillas have spoken twice on this matter. Mayor Nelson stated point taken. Councilmember Distelhorst appreciated the points from both Councilmember Olson and Council President Fraley-Monillas. He said additional information may be warranted, but assuming there is no legal contradiction, he would support approving the resolution next week whether it was on Consent or an action item. UPON ROLL CALL MOTION FAILED (3-4), COUNCIL PRESIDENT FRALEY-MONILLAS AND COUNCILMEMBERS K. JOHNSON, AND L. JOHNSON VOTING YES; AND COUNCILMEMBERS DISTELHORST, BUCKSHNIS, OLSON AND PAINE VOTING NO. Councilmember Olson raised a point of order, observing no action was taken on this item. COUNCILMEMBER OLSON MOVED TO TABLE THIS ITEM AND PUT IT ON THE REGULAR AGENDA NEXT WEEK. Council President Fraley-Monillas advised a motion was not necessary as she would schedule it for discussion and action on next week's agenda. City Attorney Jeff Taraday said a motion to add something to the agenda is proper because otherwise it was up to the Council President's discretion whether- to put it on the agenda. This is the Council's opportunity to determine what is on next week's agenda. Councilmember Olson restated her motion; Edmonds City Council Approved Minutes April 14, 2020 Page 18 COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO PUT THIS ITEM ON THE AGENDA FOR NEXT WEEK. Council President Fraley-Monillas assured she planned to schedule it on the agenda anyway. MOTION CARRIED UNANIMOUSLY. 4. ORDINANCE FOR HOMELESSNESS RESPONSE FUND TRANSFER TO MITIGATE COVID-19 IMPACTS Development Services Director Shane Hope explained this was proposed as an emergency ordinance to transfer funds up to $100,000 to provide assistance to needy residents of Edmonds. The Council discussed this during the Committee of the Whole and it appeared this was not ready to move forward. Councilmember Distelhorst thanked Ms. Hope for her assistance and Councilmembers for their earlier discussion. COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY-MONILLAS, TO BRING THIS BACK ON THE MAY 5TH CITY COUNCIL AGENDA. Councilmember Distelhorst anticipated further financial information would be available in that timeframe as well as time to address concerns raised by Councilmembers in the earlier discussion. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO AMEND THE MOTION TO MAY 5TH OR EARLIER IF WE'RE ABLE TO GET THE BUDGET INFORMATION. Councilmember L. Johnson thanked Councilmember Distelhorst for his work on this and for starting this very important discussion. She looked forward to working with Council on addressing this need. She agreed it was not a put on the back burner sort of issue, it was a pot that is about to start boiling that the City needs to continue to watch closely. She supported the amendment. AMENDMENT CARRIED UNANIMOUSLY. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 3. WAWARN - UTILITIES HELPING UTILITIES Public Works Director Phil Williams said this is sort of a mutual aid agreement between wastewater treatment plant operators at public agencies primarily. There is no cost to join, it merely sets up a process whereby if someone needs help, they can ask and if someone wants to help, they can provide help. There are certain releases of liability for providing that assistance. There is no cost, but the agreement sets up a common mechanism between agencies to be able to charge and how costs will be reimbursed. He did not see a need during this current emergency, but could foresee circumstances in a more localized event that affected a few or even one wastewater treatment plant, this would be very easy and quick to implement and the City could get assistance or provide assistance to another agency. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE AGREEMENT. MOTION CARRIED UNANIMOUSLY. 5. COUNCIL DISCUSSION OF CITY CODE CHAPTER 6.60 Edmonds City Council Approved Minutes April 14, 2020 Page 19 Councilmember Buckshnis said she asked to have this put on the agenda. There was a lot of confusion on this item and she asked a lot of questions regarding the City being out of compliance with the Comprehensive Plan and the Comprehensive Emergency Plan (CEMP), who will spearhead changing the plan, how does the Council plan to get this into compliance and what penalties, if any, does the City have to pay. She asked if the Council wanted to discuss this tonight, she was prepared to, move it to a subcommittee, or how did the Council want to proceed. Councilmember Paine said she made the offer last week to draft suggestions, recalling there had been some email discussions about that. Yesterday she sent a large amount of material to City Attorney Jeff Taraday related to the structure of the code as it is written and areas that needed to be tighten up. Until last month, the ordinance had not been updated since 1998 and there have been big changes in the state's emergency management code. Personally, she felt there were too many moving parts, some of which were policy directives that would normally fall within Council, but a lot of the work has to be done and recommendations provided by the administration. This is scheduled to come back to Council on May 51n Councilmember Paine said most of her review was included in the packet. There are two big policy decisions that would be aided by the administration, first, the structure of the emergency response committees and boards. Those exist and are working well; she was uncertain that it was best to look at this during an emergency. She recommended the administration look at this at some point, but what current exists should remain because it is successful. Councilmember Paine explained the second policy issue that it is important for administration to look at is the continuity of government. The Council discussed that and an important addition was made in Section 090 related to if the mayor was incapacitated. The continuity of government looks more to who backfills if a director is unable to work and that broader structure. It was interesting to see in the code and in the WAC that the CEMP, which exists and has already been filed with Snohomish County, refers to an RCW regarding the continuity of government. The RCW states the locality has to make these decision. That is not addressed in the City's code except somewhat in 090 related to the mayor. She preferred to have guidance from the Mayor's office regarding the continuity of government; it needs to be something firmer than an org chart. Councilmember Buckshnis pointed out the City is out of compliance with the CEMP and asked if the City needed to notify Washington State. Section C was removed that addresses the operation board. She asked who needed to be notified that the City was out of compliance. A lot of citizens are confused and are contacting Councilmembers. She asked what happens if the City is out of compliance. City Attorney Jeff Taraday said he would rather fix the oversight that was made with the edits to Section 035 and just put the language back. Councilmember Buckshnis agreed with that amendment, noting it would solve some of the issues and would be a logical thing to do. Council President Fraley-Monillas suggested doing this in a more constructive manner. If there are specific changes that could be made to 6.60.035, those could be presented to Mr. Taraday who could review them and make a proposal to Council. The Council going through 200-300 pages of the ordinance tonight might not be the best use of Council's time. If there are specific things that need to be corrected, those could be presented at a future meeting instead of at this meeting when the Council doesn't have a chance to think about the corrections Councilmembers want to make. Councilmember Buckshnis said that was what happened on Sunday, March 22nd. The issue is one item, Item C, that was removed on that Sunday as part of the code that the Council approved and the proposal is to replace it. Edmonds City Council Approved Minutes April 14, 2020 Page 20 Mayor Nelson appreciated the Council's interest in updating this code. Changes were made during an emergency to provide more flexibility. In the process, some of the changes had unintended consequences. Mr. Taraday's reference does not change in practice what the City is already doing, when there is a policy recommendation, it come to Council. He was happy to put that language back in the code. The CEMP as a comprehensive document, forming a post -disaster taskforce that includes Councilmembers and the disaster coordinator would be appropriate and would provide an opportunity to be reflective and update the document properly. The disaster coordinator is keeping track of everything he sees that needs to be updated. The CEMP for example does not reference a pandemic at all. Most of the things administration is having to do are not in the document which is the case at the local, state and federal level. He agreed a lot of updates were needed, but doing them now was not the best idea with the exception of what Mr. Taraday suggested for that one section. Councilmember Buckshnis said she didn't want the City to be fined. If the City sought federal funding and they looked at the policy or the date an emergency was declared, that could not be explained away, the policy would need to be provided. She wanted Section 035 Item C to be discussed on March 24" and it wasn't. Funds are available from the federal government that are very competitive and the City should at least be compliant with the CEMP which includes Item C. Council President Fraley-Monillas did not anticipate the federal government denying the City funds because there were a couple problems with the policy. She was interested in Councilmember Paine's thoughts to move this after the pandemic. Councilmember Paine said she would like Mr. Taraday to review the materials she provided; she has an appointment with him later this week. She requested the opportunity to address Council President Fraley-Monillas' specific question next week. Council President Fraley-Monillas asked if she preferred to have this postponed until next Tuesday. Councilmember Paine answered that would be very helpful. Council President Fraley-Monillas said it also raises the question, does this fall within the governor's directive. Mr. Taraday answered it depends. The edits that were made to Section 035 that have caused concern were done to prepare the City to respond swiftly to the pandemic. The deletion of that language was in retrospect a mistake and it should be put back in. He would be surprised if the Council were not allowed to fix a mistake that occurred in responding to the pandemic. If all the Council did was fix the change to 035, he felt it would be fine. Doing something broader in scope raises the question whether that broader scope is necessary to respond to the current crisis and if so, yes. If not, the Council probably should wait to have the OPMA proclamation lifted. Council President Fraley-Monillas said that was her question, is what Councilmember Paine is referring to with updating the document, is that something the Council should be doing currently. Mr. Taraday said he has not had an opportunity to review all the materials Councilmember Paine provided so it was too early for him to say. Things like continuity of government, the concept of that is probably appropriate to do in the midst of a pandemic when it is unknown who could get sick or when. He said that probably would fall within the governor's language of necessary to respond to the pandemic. Regarding the structures of committees and boards, he was not certain. Council President Fraley-Monillas asked if it would make sense to reinstate Section 035 and have Councilmember Paine meet with Mr. Taraday next week and determine whether further changes were appropriate. Mr. Taraday said there is no ordinance in the packet tonight to put that section from 035 back in. Councilmember Buckshnis said she could quote it. Mr. Taraday clarified there was no ordinance in the packet; there needs to be some action taken next week. He could prepare an ordinance and the Council could make a motion to have it on Consent next week. Councilmember Buckshnis offered to read Section C Item 3. Edmonds City Council Approved Minutes April 14, 2020 Page 21 Council President Fraley-Monillas asked if Councilmember Buckshnis reading it would resolve all the issues or were there further issues with adding that to Section 035. Councilmember Buckshnis said it would simply be adding it back to Section 035. She suggested reading it into the record and the ordinance with the corrected language could be on next week's Consent Agenda. She was concerned the City was not in compliance due to the removal of Section 035.C. Mr. Taraday understood the edit that Councilmember Buckshnis would like to have made. He could not think of a time in the past when the Council had adopted an ordinance that had not yet been drafted. An ordinance was necessary to add that language back in but the ordinance has not yet been drafted. He was happy to draft the ordinance and have it on next week's Consent Agenda, but the Council cannot vote on an ordinance that doesn't exist. Councilmember Buckshnis said her intent was to read it into the record so citizens know what it is. Council President Fraley-Monillas said she did not see any point reading it into the record as it would not be official until Mr. Taraday drafts the ordinance. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, TO ALLOW MR. TARADAY TO DRAFT AN ORDINANCE THAT WOULD MAKE THE CHANGE, ADDING BACK THE LANGUAGE THAT WAS INADVERTENTLY REMOVED, SECTION 6.60.035.C, AND ADD THE ORDINANCE TO NEXT WEEK'S CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. Councilmember Distelhorst expressed support for Councilmember Paine's suggestion to form a committee to review this in a more comprehensive manner when the City is not in the middle of an emergency. He is serving in the incident command system in his day job and it is hell. He thanked the Mayor and Staff for what they are doing. 6. RATIFICATION OF MARCH 5, 2020 EMERGENCY PROCLAMATION City Attorney Jeff Taraday explained the question has been posed whether the City Council still needs to take further action to ratify Mayor Nelson's March 5, 2020 emergency declaration. The Comprehensive Emergency Management Plan (CEMP) does state that the proclamation of local emergency must be ratified by the City Council. The question is whether the Council wants to take action in addition to what it has already done to ratify the Mayor's emergency proclamation. He provided the Council an email which is included in the packet outlining the conduct the Council has already engaged in that indicates ratification through conduct. Mr. Taraday explained there was no harm in taking additional action to ratify it, but clearly on March 17', the Council considered Ordinance 4176 that specifically referenced in the whereas clauses the Mayor's declaration of emergency. In section 1 of that ordinance, the Council declared that an emergency existed in reference to the same pandemic that the Mayor referenced in his emergency proclamation. In section 4 of the same ordinance, the Council stated that the street sign authority shall end by June 30, 2020 provided that it may end sooner if the Mayor declares that the COVID-19 emergency is over. Again, another explicit reference to the Mayor's proclamation. He summarize this was one of those things that is frankly form over substance, but if the Council wants to take additional action to expressly ratify the Mayor's proclamation so there is no ambiguity about whether that has happened, there is no harm in the Council doing so. ON the other hand if the Council wants to express that its prior actions on March 17"' and beyond are in fact the ratification that is contemplated by the CEMP, that is also fine; it does not matter either way. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY- MONILLAS, TO RATIFY MAYOR NELSON'S MARCH 5TH DECLARATION OF EMERGENCY. Edmonds City Council Approved Minutes April 14, 2020 Page 22 Councilmember Olson said having a formal ratification formalizes everything that Mr. Taraday said the Council has been done by action and inference. She did not see any harm and only upsides to ratifying the declaration of emergency. MOTION CARRIED UNANIMOUSLY. % MAYOR'S COMMENTS Mayor Nelson recognized what first responders are going through right now in the City and in neighboring cities and communities throughout the state and country, police, firefighters, healthcare workers, nurses, doctors, etc. They are on the frontline and are risking their lives. He was happy to report the City's police officer who tested positive for COVID-19 has recovered fully; however, in Bainbridge, a 49-year old K-9 officer passed due to possible COVID-19 infection. It is something that is ever-present for all first responders regardless of age and not just the elderly or those with underlying health conditions, anyone if vulnerable to this. His heart goes out to them for their continued work to keep the community safe. 10. COUNCIL COMMENTS COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO EXTEND THE MEETING FOR FIVE MINUTES. MOTION CARRIED UNANIMOUSLY. Councilmember L. Johnson thanked Mayor Nelson for his comments recognizing healthcare and frontline workers. She continues to be moved by the number of caring, generous and creative acts of kindness of neighbors helping neighbors during this crisis, from businesses providing meals to healthcare workers to neighbors grocery shopping for more vulnerable seniors to the Chinese American Civic Union Association's donation of 1,000 protective masks, and children's sidewalk chalk artistry. This weekend she heard about a neighbor who took an additional proactive step related to the request for donations to the food bank by requesting bags of food be left safely on front porches and she would pick up and deliver. In the end she and her two teens collected and delivered a whooping 366 pounds of food for families in need. She thanked everyone for their inspiring examples of caring for the community and for everyone doing their part to protect the community. Councilmember Paine thanked Mayor Nelson and all the directors and staff who have been doing all this rapid-fire work. The City has a great team and everyone is working as fast as possible and looking at the City's best interests. Councilmember Olson said in this very difficult time with many challenges, it has been a good time to find solutions together. She was grateful to so many citizens who are reaching out and finding ways to address problems. She gave a shout out to Leanne Hafford who has relatives in Vancouver BC who observed their restaurants offering gallons or milk or toilet paper with their takeout orders, saving people having to go to the store and possibly getting exposed and providing another revenue opportunity for restaurants. She will also mention it at tomorrow's Chamber of Commerce meeting. Council President Fraley-Monillas reminded there are a lot of really good restaurants along Highway 99, Fashion Dim Sum is one of her favorites, and she encouraged people to get takeout from those restaurants. She reported at a Health District meeting today, Dr. Spitters had a long talk regarding the future. It looks like the virus perhaps is slowing down slightly in Snohomish County but it will take even longer to return to normal. When asked whether school will start in September, he was not willing to make that call yet. As people are able to move around a bit more, they will still need to shelter in place. She encouraged people to continue sheltering and not going out unless they absolutely have to. That is reflected in statistical data done by epidemiologists in Snohomish County. Snohomish County was the first county in the country to Edmonds City Council Approved Minutes April 14, 2020 Page 23 have a case so Snohomish County should be coming out if it before other parts of the county. However, if people don't continue to shelter and do a slow emergence, it will reignite. Dr. Spitters commented people may get the flu during the winter and are fine during the summer and get the flu again in the fall. The advice of public health is to continue to shelter in place as long as possible, pay close attention to when public health recommends that can be eased, assuring it will be slow steps. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER PAINE, TO EXTEND FOR FOUR MINUTES. MOTION CARRIED UNANIMOUSLY. Regarding the inability for tenants to use their space in the Frances Anderson Center and not pay rent, Council President Fraley-Monillas recalled reference to the private sector. The private sector may not be charging rent to tenants who are unable to operate their businesses. She encouraged Councilmember to talk to private sector landlords about not charging rent. Councilmember K. Johnson reminded everyone to complete their census, an important tool for Edmonds to receive funding for future programs., Councilmember Buckshnis echoed the previous comments. She assured small businesses that she feels their pain. She has had many people call her about Small Business Administration loans and urged small businesses to keep applying. Governor Inslee introduced a $5M small business Department of Commerce grant program; further information is available at Coronavirus.wa.gov. Grants are up to $20,000. She assured we will get through this together; the City will help as much as it can. Like Councilmember L. Johnson stated, what everyone is doing is wonderful, people are wearing masks at grocery stores and some even in their car. She appreciated that people were following the shelter in place and being contentious about their surroundings. Councilmember Distelhorst echoed the long list of people Mayor Nelson and other Councilmember thanked. Today the google doodle featured transit and transportation workers. He gave a shout out to his fellow transit employees for keeping essential workers on the move in our communities. Student Representative Zach Bauder said he hoped everyone was doing well and staying safe. He referred to his piece in the Edmonds Beacon that describing things he is doing including gardening, playing soccer, reading, hanging out and trying to get used to the flow of things. He has also been biking, wearing a red helmet and observing protocols and guidelines. He encouraged people, within the approved guidelines, to use this time to do things they wouldn't normally be able to do. He has been cleaning, organizing and selling stuff on eBay. He concluded we will get through this together. 11. ADJOURN With no further business, the Council meeting was adjourned at 10:09 p.m. MICHAEL NELSON, MAYOR SCOTT PASSEY, CITY CLERK Edmonds City Council Approved Minutes April 14, 2020 Page 24 have a case so Snohomish County should be coming out if it before other parts of the county. However, if people don't continue to shelter and do a slow emergence, it will reignite. Dr. Spitters commented people may get the flu during the winter and are fine during the summer and get the flu again in the fall. The advice of public health is to continue to shelter in place as long as possible, pay close attention to when public health recommends that can be eased, assuring it will be slow steps. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER PAINE, TO EXTEND FOR FOUR MINUTES. MOTION CARRIED UNANIMOUSLY. Regarding the inability for tenants to use their space in the Frances Anderson Center and not pay rent, Council President Fraley-Monillas recalled reference to the private sector. The private sector may not be charging rent to tenants who are unable to operate their businesses. She encouraged Councilmember to talk to private sector landlords about not charging rent. Councilmember K. Johnson reminded everyone to complete their census, an important tool for Edmonds to receive funding for future programs., Councilmember Buckshnis echoed the previous comments. She assured small businesses that she feels their pain. She has had many people call her about Small Business Administration loans and urged small businesses to keep applying. Governor Inslee introduced a $5M small business Department of Commerce grant program; further information is available at Coronavirus.wa.gov. Grants are up to $20,000. She assured we will get through this together; the City will help as much as it can. Like Councilmember L. Johnson stated, what everyone is doing is wonderful, people are wearing masks at grocery stores and some even in their car. She appreciated that people were following the shelter in place and being contentious about their surroundings. Councilmember Distelhorst echoed the long list of people Mayor Nelson and other Councilmember thanked. Today the google doodle featured transit and transportation workers. He gave a shout out to his fellow transit employees for keeping essential workers on the move in our communities. Student Representative Zach Bauder said he hoped everyone was doing well and staying safe. He referred to his piece in the Edmonds Beacon that describing things he is doing including gardening, playing soccer, reading, hanging out and trying to get used to the flow of things. He has also been biking, wearing a red helmet and observing protocols and guidelines. He encouraged people, within the approved guidelines, to use this time to do things they wouldn't normally be able to do. He has been cleaning, organizing and selling stuff on eBay. He concluded we will get through this together. 11. ADJOURN With no further business, the Council meeting was adjourned at 10:09 p.m. W—HAEL NELSON, MAYOR ;S 4PASSEY,4CLER Edmonds City Council Approved Minutes April 14, 2020 Page 24 Public Comment Submitted for 4/14/20 Council Meeting 4/14/20 Darrol Haug, Subject: Crisis Financial Management Policy April 14 2020 You will be reviewing the Proposed Crisis Financial Management Policy. The goal of this or any policy is for the public to fully understand and be able to see how the policy will work. As structured this policy falls short of allowing the public to understand what will happen and when. Terms are used that are not found in the budget and there are no financial reports that even give a clue to where we are on the budget. Other Cities have posted financial results and compared them to the budget plan on a month by month basis. We do not have such reports posted. The discussion of percentages do not let the public know how the calculation will be made or even estimated. Monthly, quarterly or annually? While trigger points are interesting level 1 and 2 have no remedies propose to address the level of damage outlined. Only level 3 defines and outlines a fix. Before any policy is even considered Council should define what is the problem you are trying to solve given a revenue shortfall or expense overrun. In this case we are saying such a "Crisis" is driven by government taking some actions like we are doing for CV19. We should not limit a "crisis" to only these types of event. Any time we have declining reserves and gaps developing because spending exceed revenues should also be considered a "crisis". Finally, we may be very near having some real numbers and projections. We are also very aware that the property tax payment so the city will be delayed. They may even be below plan if people simply do not have the money to pay their taxes. The penalties are low enough that folks delay taxes until they have money to pay. Revenue streams differ by month and the policy does little to define how the calculations will be made. While a lively discussion may be in order, Council should look at real data, see how the remedies proposed will impact the shortfall and then decide if the policy come anywhere near solving the budget crisis that "triggered" a set of actions. After seeing real numbers, gathering public input, and assessing if the policy does as planned you will be in a much better position to design a policy that will work. 4/14/20 Ken Reidy, Subject: Public Comment - Please immediately repeal Ordinance No. 4177 City Council should never let decisions stand after they become aware that they were provided false, misleading, incomplete or inaccurate information. If City Council is willing to do so, please think of the huge ramifications of such conduct. Such conduct turns the legislative process on its head, rewarding those who provided false, misleading, incomplete or inaccurate information. Why would any Councilmember ever do so? On March 22, 2020, an emergency meeting of the City Council was suddenly thrown together on a Sunday afternoon. Mayor Mike Nelson wanted to immediately amend Chapter 6.60 of the Edmonds City Code (ECC). Within a few short hours, the City Council voted to approve new Ordinance No. 4177. The City Council was not provided a copy of the City's Comprehensive Emergency Management Plan (CEMP) prior to its vote. The City Council was not told that the Emergency Operations Board proposed for elimination via Ordinance No. 4177, was a PRIMARY AGENCY in the City's Emergency Management Organization. The City Council was not told that the Emergency Services Coordinating Agency (ESCA), referred to twice in new Ordinance No. 4177, was disbanded in December of 2015. The 2020 City Council was not told that the 2015 City Council had great reservations about the CEMP presented to them for approval on December 15, 2015. The 2020 City Council was not told that what the 2015 City Council understood would happen by March 31, 2016 never happened. The 2020 City Council was not told that after March 31, 2016, the City of Edmonds was left with what Councilmember Lora Petso feared did not have the capability of being a functional Emergency Plan. The 2020 City Council was not told that the 2017 City Council was not provided the minutes of the December 15, 2015 City Council Meeting prior to its April 18, 2017 vote to pass Resolution No. 1386. The 2020 City Council was not provided Resolution No. Edmonds City Council Approved Minutes April 14, 2020 Page 25 1386 prior to its vote on March 22, 2020 to pass Ordinance No. 4177. Had the 2020 Council been provided Resolution No. 1386, Council would have been very aware that the City had or has a CEMP. Council could have asked if the CEMP had expired in 2019 and what the implications of that would be. Council could have asked if new Ordinance No. 4177 was consistent with the CEMP, assuming our CEMP did not expire in 2019. Yesterday, April 13, 2020, 1 was informed by the Public Records office that City Council's modification of Mayor Nelson's March 22, 2020 Emergency Order containing City Council's amendment for accountants was not delivered electronically to all news media within the City. I was told: "Under normal circumstances the City would have sent it to the media but due to the emergency nature of this order, the tight timeline didn't allow for it." So, we clearly see that new Ordinance No. 4177 — E.C.C. 6.60.110, was violated within days of its adoption on March 22, 2020. Ordinance No. 4177 contains a reference to Mayor Nelson's Proclamation of Emergency dated March 5th, 2020. There is reason to fear that Mayor Nelson's March 5, 2020 Proclamation expired void as it was never ratified by City Council. What took place on March 22, 2020 was an extremely bad legislative act rushed into on a Sunday afternoon. I urge City Council to immediately repeal flawed new Ordinance No. 4177. Please repeal and initiate a proper legislative process if chapter 6.60 ECC needs to be updated. Please ask Mayor Nelson and City Attorney Taraday to explain to all, including the public, why they failed to provide complete information to the City Council prior to Council's vote on March 22, 2020. Thanks for all the efforts that have been made during this very challenging time. 4/14/20 Ken Reidy, Subject: City Attorney and the Legislative Process As an example, I again offer Anacortes. Please see attached. The Mayor's proclamation referenced their CEMP and the Council's Resolution of Ratification was very comprehensive, including the establishment of an end date that Council could extend. Thank you for reviewing the attached. 4/14/20 Ken Reidy, Subject: RE: City Attorney and the Legislative Process I just noticed that an item related to ratification has been added to tonight's Agenda. There is also a Memo from the City Attorney. The Memo does include one thing that is true: The CEMP does state that "[t]he Proclamation of Local Emergency must be ratified by the City Council as soon as practical following the emergency."I don't see any further discussion in the Memo of one critical requirement in the CEMP — that it has to be done as soon as practical following the emergency. As that wasn't done, I believe it very obvious that a new Proclamation of Local Emergency must be made by Mayor Nelson that can be ratified by the City Council as soon as practical following the emergency. Please also don't forget that Ratification cannot be by inference - "ratification requires that the act to be ratified be specifically acknowledged by the ratifying legislation. See generally 10 E. McQuillin, Municipal Corporations § 29.10 (3d ed. 1981)." Chemical Bank v. Washington Public Power Supply System, 102 Wn. 2d 874, 896 (Wash. 1984) Please don't be fooled by the statement that: "But if the council would like to us to prepare a single purpose resolution that does nothing other than expressly ratify the mayor's March 5, 2020 proclamation of emergency, we would be happy to do that." The City Attorney and the Administration have no authority or ability to limit City Council to any "single purpose". Such idea is ludicrous. Once Mayor Nelson issues a Proclamation that Council can ratify as soon as practical, Council can make as many modifications to that Proclamation as council wants — council is never limited in front of its deliberations to a "single purpose". After Council has had a chance to do a comprehensive review of the Proclamation, Council can modify it as much as Council feels is necessary. After Council has had a chance to fulfill its Edmonds City Council Approved Minutes April 14, 2020 Page 26 legislative responsibility, a Resolution can be drafted that includes every thing Council wants — Council can accomplish multiple tasks with its Ratification should Council want to do so. 4/13/20 Ken Reidy, Subject: City Attorney and the Legislative Process The December 15, 2015 Edmonds City Council Meeting is a great example of the danger of allowing City Attorneys to intervene into the legislative process. City Attorney Jeff Taraday convinced the 2015 City Council to not add language to Resolution No. 1346 (Resolved December 15, 2015) that the CEMP continue in full force and effect only until March 31, 2016. Taraday recommended leaving that language out, with the understanding a revised plan would be brought back to the Council prior to March 31, 2016. When what was understood would happen by March 31, 2016 never happened, the City of Edmonds was left with what Councilmember Lora Petso feared did not have the capability of being a functional Emergency Plan. Portions of that 2015 Emergency Plan remain in place to this day. [That is, unless the plan expired in 2019 as a reader of Resolution No. 1386 (Resolved April 18, 2017) might fear. As a reminder, Resolution No. 1386 states that "Washington State law requires the CEMP to be reviewed and updated at least once every two calendar years". Hopefully that is an error in Resolution No. 1386.] A viewing of the December 15, 2015 City Council meeting makes it very clear that the only reason City Council was even willing to approve the flawed CEMP until March 31, 2016 was because there was a fear that if they didn't, the City's eligibility for federal disaster recovery funds might be impacted. Council decided to live with the flawed CEMP for a short 3 months so that proper revisions could be made to the CEMP and it could be brought back to Council during the month of March, 2016. As all know, that did not happen. Had the City Attorney not intervened into the Legislative Process, I believe it would have happened. The 2016 City Council would have had to review an improved CEMP prior to March 31, 2016 or the City would not have had a CEMP in place. One can argue that we would have been much better prepared the morning of March 5, 2020 — the day Mayor Mike Nelson issued his Proclamation of Emergency. History shows that Mayor Nelson's Proclamation failed to even mention that we have a CEMP. That March 5tn Proclamation appears to have expired Void as it was not ratified by the City Council as soon as practical. I believe City Council has met 6 times since March 5, 2020. Ratification cannot be by inference - "ratification requires that the act to be ratified be specifically acknowledged by the ratifying legislation. See generally 10 E. McQuillin, Municipal Corporations § 29.10 (3d ed. 1981)." Chemical Bank v. Washington Public Power Supply System, 102 Wn. 2d 874, 896 (Wash. 1984) If Mayor Nelson chooses to issue a new Proclamation of Emergency that City Council can ratify as soon as practical, please make sure that Proclamation refers to the CEMP (assuming we still have a valid CEMP) and that the Proclamation is for a fixed time period. I like how the Anacortes City Council worded it in their Resolution of Ratification: "The provisions of this Resolution shall become effective upon adoption and expire on April 28, 2020 unless further extended by formal action of Council." Please don't underestimate the danger of allowing a City Attorney to intervene into the Legislative process. Thank you. 4/13/20 Ken Reidy, Subject: Relief Fund and Appointment of "Appointive Officer" The draft minutes for the April 7, 2020 Council Meeting include the following: Councilmember K. Johnson expressed appreciation for Mayor Nelson's comments; she too is mourning those lost to COVID-19 and those who are currently ill. She requested next week's meeting include a report from Mr. James regarding the fiscal impact of COVID-19 on the City in terms of Edmonds City Council Approved Minutes April 14, 2020 Page 27 compensation as well as more information regarding the $200, 000 Mayor Nelson allocated for non -profits community organizations in the City. The City Council has a fiscal responsibility to understand how funds are spent. It was her understanding the funds were gathered from several departments and she asked for the details. Does the Agenda for tomorrow night's meeting include more information regarding the $200,000 Mayor Nelson allocated for non- profits community organizations in the City? I searched the agenda packet and cannot find anything specific to the $200,000 relief fund. Does the Mayor have the authority to establish a relief fund and determine who gets the related funds? If he has authority to establish a $200,000 relief fund, should all non -profits that provide support for the poor and infirm be able to apply for the relief funds? Next, ECC 2.10.010.D clearly states the following: The mayor shall appoint, subject to council confirmation, the appointive officers. The city council shall interview the top three candidates for each position prior to the mayor's appointment; provided, that the city council may waive the three -interview requirement by motion adopted by a majority plus one of the full council and may opt to interview as few as two candidates for any vacant appointive office; and further provided, that when an appointive office becomes vacant, or is about to become vacant, again within nine months of the city council's confirmation of the last mayoral appointment to that office, the city council may waive an additional round of interviews, by motion adopted by a majority plus one of the full council, and proceed immediately to confirming the appointment of a candidate interviewed by the city council during the most recent recruitment for that appointive office. The mayor's appointments to all other employee positions shall not be subject to city council confirmation. ECC 2.10.005.A. clearly states the following: Appointive Officer. For the purposes of this chapter, "appointive officer" means the following city officers that are appointed by the mayor and subject to city council confirmation: all director - level positions in the city's adopted budget, including the police chief. Mayor Nelson's appointment of a police chief prior to City Council interviewing candidates is not allowed by our City Code.1 have no doubt that Mayor Nelson's heart is in the right place related to his relief fund and his appointment of Acting Edmonds Police Chief Jim Lawless. I join others in excitement about the possibility that Mr. Lawless will become our Police Chief. However, management of public funds and appointment of "Appointive Officers" must comply with state laws and our City Code. In 1970, Edmonds adopted the classification of noncharter code city and retained the mayor -council plan of government. This is the form of government under which the city of Edmonds is presently operated, as provided in Chapter 35A.12 RCW. Under the mayor -council plan of government, the Mayor does not have sovereign type powers. Our City Council also plays a huge role in city government. City Council serves as the municipality's legislative body. The City Council has the authority to formulate and adopt city policies and the Mayor is responsible to see that all laws and ordinances are faithfully enforced. It is critical that our Mayors follow our Code, for example ECC 2.10.010.D. Thank you for your consideration. 4/11/20 Ken Reidy, Subject: Mayor Mike Nelson's Proclamation of Local Emergency on March 5, 2020 was never ratified by City Council On December 15, 2015, via Resolution No. 1346, the Edmonds City Council adopted the Comprehensive Emergency Management Plan and Disaster Debris Management Plan (CEMP) pursuant to the requirements of RCW 38.52 and WAC 118-30. City Attorney Jeff Taraday convinced the 2015 City Council to not add language to Resolution No. 1346 that the CEMP continue in full force and effect only until March 31, 2016. Taraday recommended leaving that language out, with the understanding a revised plan would be brought back to the Council prior to March 31, 2016. What was understood would happen by March 31 2016 never Edmonds City Council Approved Minutes April 14, 2020 Page 28 happened. So, the CEMP was effective immediately upon adoption on December 15, 2015 to continue in full force and effect until further amended. The portion of the CEMP related to the Proclamation of Emergency was NOT amended in April of 2017. The CEMP clearly documents the following: PROCLAMATION OF EMERGENCY 1. The Proclamation of Local Emergency is made by the Office of the Mayor and is the legal method which authorizes the use of extraordinary measures to accomplish tasks associated with disaster response. The proclamation is normally a prerequisite to state and federal disaster assistance. The Proclamation of Local Emergency must be ratified by the City Council as soon as practical following the emergency. 2. In the absence of the Mayor, such proclamations may be made by the City Council President and in the absence of the City Council President, the Council President Pro-Tem. The Mayor shall cause any proclamation made, to be delivered to all news media within the city and shall use other methods as necessary, to give notice of such declaration to the public. 3. The proclamation authorizes the City to take necessary measures to combat a disaster, protect persons and property, provide emergency assistance to victims of the disaster, and exercise the powers vested in RCW 38.52.070 without regard to formalities prescribed by law (except mandatory constitutional requirements). These include but are not limited to rationing of resources and supplies, curfew, budget law limitations, competitive bidding process, publication of notices, provisions pertaining to the performance of public work, entering into contracts, incurring obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, levying of taxes and the appropriation and expenditure of public funds. 4. The Mayor, assisted by the Office of the Mayor Staff, shall be responsible for the preparation of Emergency Proclamations. 5. The Disaster Coordinator will notify SnoCo DEM when a proclamation of local emergency is made. As all know, Mayor Mike Nelson's Proclamation of Local Emergency on March 5, 2020 was never ratified by City Council. 4/11/20 Ken Reidy, Subject: REVIEW AND ADOPTION OF COMPREHENSIVE EMERGENCY PLAN AND DEBRIS MANAGEMENT PLAN I recommend that all elected officials watch video of the December 15, 2015 Edmonds City Council Meeting for Action Item 6.A. prior to the April 14, 2020 City Council Meeting. The video is roughly 24 minutes long. This request is made because it relates to Council Discussion of City Code Chapter 6.60 on the April 14, 2020 City Council Agenda. Action Item 6.A. on December 15, 2015 was titled: REVIEW AND ADOPTION OF COMPREHENSIVE EMERGENCY PLAN AND DEBRIS MANAGEMENT PLAN.As you watch the December 15, 2015 video, please know that the COMPREHENSIVE EMERGENCY PLAN AND DEBRIS MANAGEMENT PLAN was NOT brought back to Council during the month of March, 2016. Please know that the PLAN was not brought back even though there was a clear understanding that the Plan would be brought back to Council when the Council expected it to be brought back. Chief Compaan's closing remark was: "thank you again, we'll have it back". As you watch the video, you will note that former Councilmember Lora Petso stated the following near the beginning of the December 15, 2015 Action Item: "it does not appear that this document has the capability of being a functional Emergency Plan." One item Ms. Petso was concerned about was the use of the same location for both Logistics Staging Areas and Points of Distribution for response and relief supplies. The City's current CEMP still does this on page 28. The December 15, 2015 City Council Meeting Minutes show that the following motion was passed unanimously after much discussion of revisions needed to the PLAN: COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER NELSON, TO Edmonds City Council Approved Minutes April 14, 2020 Page 29 APPROVE THIS DOCUMENT UNTIL MARCH 31, 2016, AND ASK CHIEF COMPAAN TO CALL ON COUNCILMEMBERS OR OTHER RESOURCES TO MAKE THE PROPER REVISIONS TO THIS DOCUMENT AND BRING IT BACK TO COUNCIL DURING THE MONTH OF MARCH. As the DOCUMENT was only approved until March 31, 2016, the City may have operated without a PLAN from April 1, 2016 until passage of Resolution No. 1386 on April 18, 2017. If so, this was a violation of both Federal and State law. Please note the discussion of impact on the City's eligibility for federal disaster funds as you watch the December 15, 2015 video. Instead of this PLAN being brought back to Council during the month of March, 2016 — it showed up on the City Council Agenda for April 11, 2017. A review of the April 11, 2017 City Council Agenda Packet shows no mention whatsoever of the detailed City Council discussion on December 15, 2015. The related City Council Meeting Minutes were not included in the April 11, 2017 City Council Agenda Packet. No representations were made as to whether the PROPER REVISIONS TO THIS DOCUMENT had been made. There is no discussion in the April 11, 2017 City Council Packet of the motion passed unanimously on December 15, 2015 TO APPROVE THIS DOCUMENT UNTIL MARCH 31, 2016, AND ASK CHIEF COMPAAN TO CALL ON COUNCILMEMBERS OR OTHER RESOURCES TO MAKE THE PROPER REVISIONS TO THIS DOCUMENT AND BRING IT BACK TO COUNCIL DURING THE MONTH OF MARCH. As a result, the 2017 City Council had incomplete information when it voted to pass Resolution No. 1386 on the April 18, 2017 Council Consent Agenda. Please be very aware of this history as you prepare for the April 14, 2020 City Council Meeting. Resolution No. 1386 (see attached without Exhibit A which is 264 pages long) states that "Washington State Law requires the CEMP to be reviewed and updated at least once every two calendar years". The CEMP itself states that: "This CEMP will be updated every four years. The revised CEMP will be submitted to the Washington State Emergency Management Division for review." Was the CEMP adopted in 2017 required to be updated and reviewed in 2019? If so, are we currently operating without a PLAN in violation of both Federal and State law? Please have somebody research whether Resolution No. 1386 is correct or whether the CEMP is correct. Or are both incorrect? I ask this because the City of Bellevue CEMP states that: The City will submit a revised CEMP to the Washington State Emergency Management Division at least once every five years. Thank you for watching the December 15, 2015 video. Please let me know if you need more information or have any questions. I may have additional Public Comment later. Edmonds City Council Approved Minutes April 14, 2020 Page 30