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Cmd011221EDMONDS CITY COUNCIL VIRTUAL ONLINE MEETING APPROVED MINUTES January 12, 2021 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Susan Paine, Council President Adrienne Fraley-Monillas, Councilmember Kristiana Johnson, Councilmember Luke Distelhorst, Councilmember Diane Buckshnis, Councilmember Vivian Olson, Councilmember Laura Johnson, Councilmember ALSO PRESENT Brook Roberts, Student Representative 1. CALL TO ORDERIFLAG SALUTE STAFF PRESENT Jessica Neill Hoyson, HR Director Whitney Rivera, Municipal Court Judge Uneek Maylor, Court Administrator Jeff Taraday, City Attorney Scott Passey, City Clerk Dave Rohde, GIS Analyst The Edmonds City Council virtual online meeting was called to order at 7:00 p.m. by Mayor Nelson. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Buckshnis read the City Council Land Acknowledgement Statement: "We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water." 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present, participating remotely. 4. APPROVAL OF AGENDA COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. AUDIENCE COMMENTS Mayor Nelson invited participants and described the procedures for audience comments, Edmonds City Council Approved Minutes January 12, 2021 Page l Mark Haroldson, Edmonds, commented the proposed code of conduct is significantly better than the document proposed last August and he thanked those involved in making the changes. He liked that the document was structured into four sections, the first three related to accountability among Councilmembers, among City employees and with external entities and the fourth related to administration and enforcement. Although that is a good framework for the document, there are still a lot of subjective phrases and specifics in each section that could cloud the conversation and make it difficult to understand. He suggested adding a preamble related to the subjective language or to describe the spirt of document. Direct dialogue is an important professional tool. As written, lie was concerned the document could be used by a third party observer to squelch conversation versus the parties interacting with each other. He recognized that was not the intent of the document but as written, it was a possibility. As civic leaders, he hoped they were interacting with each other and members of the communities in a way that was self -aware enough to know when the interaction was becoming too strong and he hope they all have the tools to deal those types of situations. He hope the Council would address in its discussion why this code of conduct as being proposed now, the shortcomings of the current document and what the Council is trying to accomplish with this document. (Written comments submitted to PublicComment@Edmondswa.gov are attached.) 6. APPROVAL OF THE CONSENT AGENDA ITEMS COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO APPROVE THE CONSENT AGENDA. Councilmember Olson requested Item 6.1, Approval of Council Meeting Minutes of January 5, 2020, and Item 6.6, Waiving Rent Payments for the Chamber of Commerce from January -June 2021, be removed from the Consent Agenda for minor changes. Council President Paine referred to a memo from City Clerk Scott Passey with changes to the January 5, 2021 minutes. Councihnember Olson said she had not read that email. Council President Paine requested the addition of 6.7 to incorporate a memo the Council received from Mr. Passey incorporating scrivener errors and minor corrections to the January 5, 2021 minutes. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 2. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 3. ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES 4. APPROVAL OF WHITNEY RIVERA APPOINTMENT TO MUNICIPAL JUDGE 5. MOU EXTENDING TEAMSTERS COLLECTIVE BARGAINING AGREEMENT ITEMS REMOVED FROM CONSENT 1. APPROVAL OF COUNCIL MEETING MINUTES OF JANUARY 5, 2020 Councilmember Olson relayed the changes to the minutes that she requested were reflected in the memo from City Clerk Scott Passey so the minutes did not need to be pulled from the Consent Agenda. Edmonds City Council Approved Minutes January 12, 2021 Page 2 6. WAIVING RENT PAYMENTS FOR THE CHAMBER OF COMMERCE FROM JANUARY-DUNE 2021 Councilmember Olson relayed a comment from Finance Director Dave Turley during committee meeting that in the resolution on packet page 50, January 2020 needed to be changed to January 2021. COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, MOVED TO APPROVE THE RESOLUTION WAIVING RENT PAYMENT FOR THE CHAMBER OF COMMERCE JANUARY-DUNE 2021. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO AMEND TO CHANGE THE END DATE TO SEPTEMBER 30, 2021. Councilmember Buckshnis said she was hopeful vaccinations and everything will under control by June, but there is still a pandemic and a recession and it was likely the rent waiver would need to be extended in June. If things start getting back to normal, the first Chamber event will be 4"' of July. She summarized it would be advantageous to waive the Chamber's rent for nine months instead of six. Councilmember Distelhorst recalled last week this topic was referred to committee and asked if the September date was discussed at committee tonight. Councilmember Olson said it was discussed at committee. Councilmember Fraley-Monillas said it was brought up at committee but no decision was made. The reason she suggested six months was a lot of other organizations pay rent to the City, some are up and running and some are not, and she hoped to have a better idea by June whether the rent waiver should continue. Waiving the Chamber's rent has implications for other organizations that pay rent to the City. If necessary, the Council should approve another six months in June, but at this point it is premature to ask for free rent for nine months. Councilmember Buckshnis agreed the committee did not make a recommendation. For the Chamber's budgetary purposes, it would be preference to waive the rent for nine months, anticipating there will still be a pandemic/recession by June, the Chamber needs the assistance and three extra months would not be that difficult. Councilmember Olson agreed with approving a waiver of rent for six months and revisiting it in view of the City's other tenants. AMENDMENT FAILED(1-6), COUNCILMEMBER BUCKSHNIS VOTING YES. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO CHANGE JANUARY 2020 TO JANUARY 2021 ON PACKET PAGE 50. AMENDMENT CARRIED UNANIMOUSLY. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. APPROVAL OF COUNCIL MEETING MINUTES OF JANUARY S. 2020 COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER OLSON, TO APPROVE THE COUNCIL MEETING MINUTES OF JANUARY 5, 2020 INCLUDING THE CORRECTIONS AS CONTAINED IN THE CITY CLERK'S MEMO. MOTION CARRIED UNANIMOUSLY. 7, NEW BUSINESS Edmonds City Council Approved Minutes January 12, 2021 Page 3 1. OATH OF OFFICEISWEARING IN CEREMONY F01t MUNICIPAL COURT NUDGE Judge Linda Coburn relayed the City is in good hands with Judge Rivera. Normally when someone joins the bench and becomes a judge for the first time, it is significant event and there is a huge swearing in ceremony to honor and memorialize the event, but due to COVID, this the only chance for her to be recognized in public. Judge Coburn said she swore in Judge Rivera in person previously but it was agreed to do it via Zoom so masks can be removed and the public can see her. Judge Rivera is a graduate of Edmonds-Woodway High School and formerly a career public defender with Snohomish County Public Defender Association. She is passionate about access to justice and will be an amazing judge for the City. Judge Coburn swore in Whitney Rivera as the Edmonds Municipal Court Judge. Judge Coburn congratulated Judge Rivera and welcomed to the Edmonds Municipal Court. Judge Rivera thanked Judge Coburn for swearing her in, commenting it meant the world to her. She expressed gratitude and eagerness to start the position. She thank Mayor Nelson for appointing her and the entire hiring committee that participated, Council for taking the time to speak with her and confirming her appointment and the time and effort put into the selection process. She recognized there were big shoes to fill and she owed a debt of gratitude to Judge Coburn who has spent countless hours with her, training and mentoring her since the resolution of intent to confirm was approved. She thanked Judge Coburn for the time she has spent ensuring she can step into the position. Judge Rivera said she was eager to serve Edmonds, the community where she grew up and lives, to work with the fantastic staff at the Edmonds Municipal Court, commenting when she walked in a month ago, she had no idea what fantastic people work there, from the Court Administrator Uneek Maylor to all the court clerks and probation staff. The City is lucky to have everyone that works there. She was eager to get started and continue Judge Coburn's legacy providing the community access to the court and access to justice. PROSECUTING ATTORNEY LEGAL SERVICES AGREEMENT Sharon Cates, City Attorney's Office, explained this is proposed Amendment #5 to the Zachor & Thomas Prosecuting Attorney Legal Services Agreement. The City has been working with Zachor & Thomas under its 2013 agreement for 7 years and that agreement has been amended 4 times, primarily to extend it.. The latest extension in Amendment #4 extended the agreement through December 31, 2020, meaning the agreement has now expired and the City is working under the terms of that expired agreement until the extension is approved. Ms. Cates explained the process of amending the agreement began in October 2020 when Lighthouse was asked to make a presentation regarding how things were going with Zachor & Thomas because the previous amendment had intended to look at the services that were being provided. Lighthouse talked with those who work with Zachor & Thomas on a daily basis and made a presentation to the City Council on November 2"d at which time the City Council approved moving forward with negotiating a one year extension to the agreement with the understating an RFP would be done in early 2021 to test the market again. The draft Amendment #5 in the packet has been negotiated with Zachor & Thomas who agreed to a lower base fee for services due to the general order put in place by the Edmonds Police Department regarding the charge of Driving With License Suspended 3 (DWLS3). If that general order is repealed or there are changes to how DWLS3 is handled, the parties reserve the right to renegotiate fees. DWLS3 charges make up a large portion of the prosecutor's office's work. Zachor & Thomas and the public defender developed data to understand the impact of the general order on the prosecutor's office's caseload. Because not all DWLS3 charges would be affected, some would still be charged along with other Edmonds City Council Approved Minutes January 12, 2021 Page 4 offenses, the estimated reduction in workload would be about 15%. Amendment #5 reflects the 15% decreased in the base rate, from $21,250/month to $18,062. Councilmember K. Johnson recalled from the prosecutor's presentation in November that DWLS3 represented 40% of their workload and asked why there was only a 15% reduction. Ms. Cates agreed there was discussion about the potential reduction in caseload and recalled it the presentation stated it represented about 30% of their caseload. Because of the way the general order is written, the number of DWLS3 charges that might still come up in connection with other charges, the prosecutor's office and the public defender worked together to develop data to help them determine how it would affect their caseload. Because not all cases with DWLS3 charges will go away, only about 15% of the cases will not appear before them. Councilmember K. Johnson relayed her understanding that the prosecutor and the public defender worked together to developed that estimate. Ms. Cates said Zachor & Thomas developed the estimate relying on data the public defender provided as Zachor & Thomas does not track that data. Because the public defender only tracks their data and they do not represent all defendant at the municipal court, they could only provide the data they had and Zachor & Thomas extrapolated from that data how their workload would be affected. In reviewing that data and based on the information they had, Ms. Cates found it an appropriate conclusion to reach. Council President Paine was hopeful some of the specifics included in the resolution regarding DWLS3 and the general order issued this year would be incorporated into the RFP and the next contract. She expressed appreciation for Ms. Cates' response to her email; she wanted to ensure there was data collection because sometimes the numbers are fuzzy and she wanted to ensure there was actual data to show the program was in place and working and there was comparison data. Council President Paine recognized the prosecuting attorney's contract has expired and needs to be renewed until there is an RFP. Ms. Cates agreed with Council President Paine that data tracking will be critical for the success of the program. The City's DLWS3 program will be included in the RFP. In an effort to get the proposed agreement approved sooner than later, she suggested after this amendment is approved, another amendment be drafted to request Zachor & Thomas provide data tracking; fees for that will need to be negotiated as it is not in the existing agreement. Council President Paine said having numbers will be important throughout the entire process. The City needs to know that the program is working and being properly managed. The most elegant solution is having both the public defender and the prosecuting attorney determine a proper path for the program. Councilmember Distelhorst voiced support for Council President Paine's comment and agreed with considering data tracking in a future amendment because not having data makes informed policy decisions very difficult. Ms. Cates relayed the recommended action: approval of Amendment #5 and if the Council wished, to authorize her to negotiate a new amendment for data tracking purposes. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, THAT WE ALLOW HR AND OUR ATTORNEYS TO NEGOTIATE AMENDMENT #5 FOR THE PROSECUTING ATTORNEY'S LEGAL SERVICE AGREEMENT. Ms. Cates clarified Amendment #5 has been negotiated; she asked if the motion was to negotiate a new Amendment #6 for the data tracking or a motion to approve Amendment 95 in the packet. Councilmember Fraley-Monillas said she thought it was Amendment #6, commenting it was hard to follow in the document the Council was given. Edmonds City Council Approved Minutes January 12, 2021 Page 5 Councilmember Distelhorst restated the motion: COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE AMENDMENT #5 AS INCLUDED IN THE CITY COUNCIL AGENDA AND ALSO INCLUDE NEGOTIATION OF AN AMENDMENT #6 TO INCLUDE DATA TRACKING FOR THE DWLS3 PROGRAM. Councilmember Buckshnis suggested including data tracking in Amendment #5. Ms. Cates answered the urgency of getting Zachor & Thomas back under contract is the primarily reason for moving ahead with approving Amendment 45 now which would be followed by negotiating Amendment 46. MOTION CARRIED UNANIMOUSLY. 8. UNFINISHED BUSINESS REVIEW OF COUNCIL CODE OF CONDUCT Councilmember L. Johnson relayed she was happy to have this draft Code of Conduct before Council. The three member subcommittee, Councilmembers Olson, Distelhorst and she had a final Zoom meeting last night; they recommend reviewing the code section by section with the goal of getting through the entire document with opportunity for comments and questions. Councilmember Distelhorst reviewed: • Background o In December 2013, the Council passed Resolution No. 1306 adopting a new Code of Conduct; applies to Mayor, Councilmembers and all members of City board, commissions, committees or work groups o In June 2015, the Council approved a new Code of Ethics; applies to elected officials and appointed citizen volunteers o Draft Code of Conduct would only replace Resolution No. 1306 for Councilmembers, would still apply to other parties o Summer discussion of first draft on August 11 and 18 o Subcommittee formed with three Councilmembers • Subcommittee work October 2020 o Address points that were raised in August 2020 by Councilmembers and community members during Council discussion o Ensure consistency with the Council's existing adopted Rules (Robert's Rules of Order) o Consulted with Ann Macfarlane (Jurassic Parliament) on elements that we wanted to ensure met "best practice" guidance o Met three times over Zoom with further discussion over email; ensured compliance with the OPMA Approach to updated Draft Code of Conduct o Use Resolution 1306 and Code of Ethics as a guiding base o Develop further measures specific to City Council and Councilmembers (whereas other documents have broad scope) o Promote conduct that respects Council, city administrative officials, volunteers and effectual governance practices Recommendations in draft Code of Conduct o Applies to Edmonds City Councilmembers only o Would be inserted into Councilmember welcome binder and require acknowledgement of receipt, potential to "reaffirm" annually o Encourages conduct to be in -line with existing adopted Council Rules (Robert's Rules) and could be integrated with future Council Procedures (project started in 2020) Edmonds City Council Approved Minutes January 12, 2021 Page 6 Councilmember L. Johnson read the following section of the proposed Code of Conduct: Section 6. Council Code of Conduct The City Council finds that Councilmembers should seek to continually improve the quality of public service and ensure public confidence in the integrity of local government and its effective, transparent, and equitable operation. Councilmembers have a public stage and privileged platform to show how individuals with contrasting points of view can find common ground, demonstrate problem -solving approaches, and achieve solutions that benefit the community as a whole. Central to these principles is that civility and decorum shall apply to all Councilmember conduct in relation to city business. To this end, the following Code of Conduct for members of the Edmonds City Council is established: Councilmember Buckshnis suggested first discussing the global aspect of a Code of Conduct; she believed Resolution 1306 would need to be redone because Councilmembers were being removed from it. City Attorney Jeff Taraday answered it was his impression that while this document was tailored to apply specifically to the City Council, it does not necessary conflict with references elsewhere. Having said that, if it is the Council pleasure to reference only one document for a code of conduct, which he could see being desirable for efficiency, that resolution could be amended to remove reference to the City Council. Since the subcommittee had spent time drafting the Code of Conduct, Councilmember Buckshnis suggested it apply to the Mayor and members of City boards, commissions and work groups. She did not understand why there was a differentiation. Councilmember Distelhorst answered it was his personal approach that those are very different roles. While there will be some overlap in general conduct for a citizen volunteer serving on a board or commission, that person does not have the same legislative authority that the Council has and will have very different authority than the executive branch. While there are commonalities, there are differences in the roles that elected/appointed legislators fill versus a volunteer or an elected executive. Councilmember Olson said it was the intent to take Councilmembers out of Resolution 1306 once this Code of Conduct was passed. Councilmember L. Johnson read the following section of the proposed Code of Conduct: 6.1 General Conduct A. Councilmembers shall focus discussions and debates on vision, policies, and their implementation. B. No Councilmember shall dominate proceedings during Council or other public meetings. C. Personal, insulting, or intimidating language, body language and actions, are not allowed. Councilmembers may raise a point of order for ruling by the Chair or by the Body to address inappropriate remarks. D. Ensuring that all meeting participants feel welcome is a vital part of the democratic process. No signs of partiality, prejudice, or disrespect should be evident on the part of Councilmembers toward any individual participating in a public meeting. Every effort should be made to be fair and impartial in listening to Council, staff and public testimony and discussions. Edmonds City Council Approved Minutes January 12, 2021 Page 7 E. Technology allows words written or said to be distributed far and wide. Councilmember written notes, voicemail messages, texts, email, or other electronic communications, are public records and shall follow this code. Councilmember Buckshnis said she liked this section but believed C was extremely subjective. A Councilmember told her last year that someone told her that her language was improper; Councilmember Buckshnis acknowledged she has a loud voice and can be construed as being mean or loud. She recommended rewriting C to be less subjective. She recommended the Code of Conduct include that the Council conducts public processes in ail open and transparent manner, recalling citizens have mentioned many issues that occurred last year that perhaps were not conducted in a public manner and the votes seemed to already be in place. The Code of Conduct should remind Councilmembers that they represent citizens and should do everything in an open, public process by talking and vetting. She recalled during the budget process, people thought she and another Councilmember were disagreeing and did not like each other when they were just vetting the process. It is important to allow vetting to occur in the public setting and that should be included in the Code of Conduct. Council President Paine said she could see where this could be seen as subjective, but the Council has also adopted Robert's Rules which includes decorum inside debate in Section 43. It is a good reminder to follow best practices for members to speak to the issue and not the person and make it personal. While this language can be seen as vague, Robert's Rules has specifics that can be used as guidance. Councilmember Buckshnis agreed with Council President Paine's comment and suggested changing the language to decorum as the terms personal, insulting and intimidating are subjective. She suggested decorum or avoid offensive would be more acceptable, commenting it is difficult to interpret what people say because everyone has different perceptions. Councilmember Distelhorst said he spoke with Ms. MacFarlane about this point. He recalled concerns that were discussed in August and the subcommittee wanted to ensure someone outside the Council reviewed this. The cheat sheet provided by Jurassic Parliament that refers to personal remarks, insulting language, vulgarity or attacks as well as well inflammatory language was the guiding document. The intent was to keep this specific to parliamentary best practice and existing adopted rules. With regard to transparency, Councilmember Distelhorst pointed out Section 6 which states, "Council members should seek to continually improve the quality of public service and ensure public confidence in the integrity of local government and its effective, transparent, and equitable operation." He was open to beefing that up. Mr. Taraday highlighted language for Council to give thought to, the phrase "fair and impartial" is used which is a standard he is accustomed to seeing in a judicial context and not so much in the legislative context. It could be appropriate in a legislative context, but he suggested the Council discuss what was meant by that phrase in this context because he would not expect the Council to have the level of impartiality that judges have all the time while on the dais. Councilmember L. Johnson said the subcommittee will look at that. Councilmember Olson read the following section of the proposed Code of Conduct: 6.2 Conduct with City Staff, the City Attorney, and the Council Legislative Assistant A. The community is best served when the abilities, experience, and knowledge of staff and contract employees work alongside Councilmembers, and Councilmembers will value these resources and relationships by: 1. Using respectful language and tones; Edmonds City Council Approved Minutes January 12, 2021 Page 8 2. Whenever possible, provide questions ahead of public meetings and otherwise avoid surprises; 3. Recognize that calls and emails may not be returned outside of business hours; 4. Expressing concerns about performance only to the Mayor, in the case of staff, and the Council President, in the case of Council legislative aide and City Attorney; 5. Understanding that Council, as a legislative body, directs City business via policy change initiated by majority Council vote only; councilmembers acting individually shall refrain from directing staff or otherwise intruding on the City's administrative functions. Council President Paine said she liked the inclusion of "avoid surprises" as she tries to honor the no surprises rule and giving a heads up, a practice that has benefitted her in all aspects of her life. That can be accomplished by sending in questions early and being totally transparent. Councilmember K. Johnson said she had significant problems with this entire section. It is inappropriate for the Council to have conduct with City staff and the City Attorney. It is appropriate for Councilmembers to have conduct with the Council Legislative Assistant. Mayor Nelson is who should direct how Councilmembers conduct themselves with his staff. That was what former Mayor Earling did in the eight years he was Mayor. With regard to the statement, "whenever possible give questions in advance," she pointed out staff often presents a PowerPoint the Council has not seen which makes it difficult to ask questions in advance. Staff may also give additional information that Councilmembers are not aware of, it is a dynamic process. She suggested the no surprises rule apply to Councilmembers bringing things to Council, recalling several instances last year when a Councilmember put something on the agenda that no one had heard of before. She liked the no surprises rule, but as it pertains to staff not Council. She understood Councilmembers were to express performance issues to the Mayor about staff or to the Council President the Council Legislative Aid, but she did not understand Council expressing concerns about the City Attorney to the Council President. She expressed concern with Item 5, Councilmembers acting individually shall refrain from directing staff because Council works by majority. In her nine years on Council, she has worked with staff individually without getting permission from the entire Council. She opposed that item, finding it a rather limiting approach. Councilmember Olson said directing meant giving staff work direction which is an administrative function that belongs to the Mayor. Councilmember K. Johnson recalled earlier this year Mayor Nelson agreed to allow Ms. Hope and Mr. Williams to assist her with drafting a resolution regarding the Swift program. She asked Mayor Nelson because of former -Mayor Earling's guideline if something took staff less than five yours, Councilmembers could ask staff and anything longer than that needed to go through the Mayor. She found this too limiting because it meant she could not contact Mr. Williams to discuss the CIP or CFP without the Council's permission. She summarized that was not the way business has been done in the past and it was too limiting for the future. Councilmember Olson said it was not the intent that Councilmembers could not ask questions or have conversations with staff, there is a distinction between that and directing work. Councilmember K. Johnson said she was talking about work, not a question; she meant sitting down and talking about how the concrete crew's work is prioritized. She could provide many examples of how she has worked with staff over the years to work through problems which was permitted by the previous Mayor's directive. It was not appropriate for the Council to designate how to interact with staff, that was the Mayor's prerogative. Councilmember Buckshnis expressed concern with Items 4 and 5, noting the language could be changed slightly. She agreed no Councilmember should talk to the Mayor about the performance of his staff, that is the Mayor's job, not the Council's job. She suggested striking Item 4. With regard to Item 5, if she has Edmonds City Council Approved Minutes January 12, 2021 Page 9 a problem with the City Attorney, she should not have to tell the Council President and that is attorney client privilege. She recalled she and Mr. Taraday have had issues in the past that they have resolved. With regard to the Council legislative aid, she did not have a problem with bringing performance issues to the Council President as that position reports to the Council President. She summarized the language is very limiting and language in Item 5 needed to be changed. Councilmember Fraley-Monillas thanked Councilmembers L. Johnson, Olson and Distelhorst for volunteering for this project. This effort was very important especially after the last round of the Code of Conduct. She recalled receiving complaints for the two years she was Council President, under both Mayor Nelson and Earling, about Councilmembers overstepping their bounds with staff. It is an issue and she understood why some Councilmembers would object to the proposed language because it would limit their ability to encourage staff to do what they want them to do. Staff report to the Mayor; if Councilmembers need something to be done, they should talk to the Mayor and he will determine the level of work for his employees. The language in the proposed Code of Conduct helps the Council understand their role as legislative versus administrative. It doesn't mean Councilmember cannot talk to staff, ask for clarification or ask a question, but provides some boundaries with regard to directing staff. Councilmember Distelhorst relayed when he joined Council, he was instructed if there was anything with staff, he was to go to the Mayor who was the head of staff. That is why that was included, to be abundantly clear if there was anything with staff, Councilmembers were to contact the Mayor. With regard to Item 5, "shall refrain from directing staff or otherwise intruding on the City's administrative functions" does not say Councilmembers cannot work with staff, ask questions, or the get Mayor's approval to work with staff which nearly every Councilmember has done, it simply states Councilmembers cannot direct staff. If a Councilmember needs information on the sidewalk crew, they should follow the normal procedures to get information. However, telling the sidewalk crew to fix a sidewalk in front of a residence would obviously be an administrative function. He felt that item was pretty clear, but if language needed to be added to make directing an administrative function or intruding on the administrative function clearer, there could always be reference to the City code which delineates legislative versus administrative functions. Councilmember L. Johnson said in reading this, there may be some conflation between directing versus questions and discussion. Staff are the expects in their field so Council needs to be able to ask questions and have discussions; however, it is not a Councilmember's job to direct staff what to do, that is an administrative function. She was open to language that could clarify the intent. Council President Paine referred to Item 4 and asked why the City Attorney was included. Councilmember Olson answered because that is a contract position. As the head of Council, if issues needed to be addressed, they would be addressed by the Council President. Council President Paine said it may be confusing to have it in that section with other contract employees. The City Attorney's work is valuable to all Councilmembers and it may not belong in that section. She suggested removing reference to the City Attorney in Item 4 because Councilmembers need to have discussions with the City Attorney. Councilmember Fraley-Monillas said her interpretation was that Councilmembers should treat the City Attorney respectfully, use respectful language, provide questions ahead of time to avoid surprises, and recognize that calls and emails may not be returned outside business hours. It did not say that the City Attorney could not speak to Council or that Council could not speak to the City Attorney. It is intended that this policy would also protect the City Attorney because contract employees deserve the same respect as City staff. Councilmember Distelhorst said the reference to City Attorney in this section is super narrow; it is only related to concerns about performance. That may need to be adjusted as the subcommittee was unsure Edmonds City Council Approved Minutes January 12, 2021 Page 10 where that fit best. Mr. Taraday said he would much rather hear performance concerns directly from anyone who was willing to provide that feedback instead of establishing a system that routes all performance concerns through a clearing house of sorts. He was always open to positive or negative feedback. Councilmember K. Johnson suggested striking "and City Attorney" from Item 4 and striking Item 5 in its entirety. Council President Paine said having concerns brought to the Council President may end up being like the telephone game. If there are repeated problems or concerns that are not getting addressed, that may be the appropriate process, otherwise any issues were best addressed via direct communication with the City Attorney. She suggested rewording that item to include direct communication with the City Attorney. Councilmember Fraley-Monillas suggested those sections remain and perhaps change the wording with regard to the City Attorney. The City Attorney deserves proper treatment and it is not up to Council to direct the City Attorney. She suggested reaching out to the Mayor's office who is the gatekeeper for a lot of stuff that occurs and making the Mayor's office aware of issues with the City Attorney would be important. The City Attorney should have the same protections related to Council contact as the Council legislative assistant or City staff. Having heard complaints from staff about Councilmembers, she believed staff needed to be addressed in the Code of Conduct. Councilmember Olson read the following section of the proposed Code of Conduct: 6.3 Conduct with Boards, Committees, Commissions, and Outside Agencies A. The City maintains several boards and commissions as a means of encouraging and gathering community input. Residents who serve on boards and commissions are a valuable resource to the City's leadership and shall be treated with appreciation and respect. B. Councilmembers are appointed as non -voting members to serve as the primary two-way communication liaison between the Council and boards, commissions, and committees. Councilmembers are not to direct the activities or work of the board, commission, or committee. C. Councilmembers may attend any board or commission meeting to which they are not appointed but shall do so as a member of the public. Personal comments or positions, if given, will be identified as such and shall not be represented as the position of the City or Council. D. Councilmembers shall not contact a board or commission member to lobby on behalf of an individual, business, or organization. It is acceptable for Councilmembers to contact the board, committee, or commission members in order to clarify or contextualize a position taken by the body. When making contact the relevant Council liaison should be included in such communication. E. When attending a non -city sponsored event, meeting, conference, or other activity, a Councilmember may be authorized to represent the Council only upon a majority vote of the Council. Likewise, a Councilmember may be authorized to represent the City only upon the express permission of the Mayor. Councilmember Buckshnis expressed concern with Item E, pointing out when attending non -city events, Councilmember should act like normal businesspeople. With regard to authorizing a Councilmember to represent Council, every Councilmember has very different opinions and perceptions. Generally speaking Edmonds City Council Approved Minutes January 12, 2021 Page 1 1 Councilmembers should not attend non -city events and do any type of work and there should not be a quorum present at non -city events. She feared Item E was a slippery slope. Councilmember K. Johnson expressed concern that Item D was too restrictive. She had a problem with not allowing Councilmembers to discuss potential action or policy with a board or commission member. Item D stated Councilmembers can only speak to them to contextualize or clarify a position which she pointed out is not normal conversation. A Councilmember might call their Housing Commission representative and ask about the commission's work and the main issues they are discussing. For example, she recently received a memo from the new Planning Board chair inquiring what issues she hoped the Planning Board would work on this year and how she would prioritize that work. She asked if Item D mean she could not respond to that request. She summarized Item D hamstrings Council regarding how they can talk to people. Councilmember K. Johnson agreed with not lobbying on behalf of an individual, organization or business, but saying the Council could only ask them to clarify something was too restrictive Councilmember L. Johnson said this section needed to be taken as a whole; a Councilmember should not lobby on behalf of an individual, business or organization, but can contact board or commission members to ask for clarification or contextualize a position taken by the body. Councilmembers are also encouraged to loop in the relevant Council liaison on communications with board and commission members as that person is supposed to be the conduct between the Council and that body. Councilmember L. Johnson summarized taken as a whole, it was clear. Councilmember K. Johnson said it was not clear to her. Councilmember Olson suggested it could be worded to be less restrictive; she was receptive to Councilmember K. Johnson's comment. Councilmember Distelhorst said consideration could be given to better phrasing; the intent was not to limit the ability to talk to someone, it was to prevent lobbying on behalf of an individual, business or organization to ensure conduct with board members, commissioners, task force members follows the rest of the Code of Conduct. He summarized it was not intended to limit conversation but to limit improper behavior. Councilmember Buckshnis agreed it could be reworded and suggested using examples. With regard to the last sentence in Item D, "When making contact the relevant Council liaison should be included in such communication," if a Councilmember wanted to contact someone on Tree Board, she said more power to them. For example, Councilmember K. Johnson has come to Tree Board and her input has been welcome. She has talked to her two appointees on the Housing Commission many times this year and has not told Councilmember Distelhorst or Councilmember Olson that she had communicated with them. She agreed this needed to be amended as Councilmembers should welcome perception, knowledge and input; board and commission members also welcome Councilmembers' input. For example, she has had conversations with the Mayor's Climate Protection Committee because she was on the committee for five years. Council President Paine asked if the subcommittee was trying to set a specific boundary related to this issue. Councilmember L. Johnson said the first sentence was the main portion, that Councilmembers should not lobby on behalf of an individual, business or organization and to clarify what Councilmembers can do as nonmembers of boards and commissions. This is an opportunity to ensure the wording clarifies what the Council can do. Councilmember Fraley-Monillas said she also received complaints during the past two years under Mayor Earling and Mayor Nelson about Councilmembers overstepping their bounds, and it needs to be recognized that that is happening. Some directors would be more than happy to give examples of where Councilmembers have overstepped their bounds. However, there is a fine line between communicating with boards and commissions and voting through the boards and commissions. She recognized it was Edmonds City Council Approved Minutes January 12, 2021 Page 12 uncomfortable for a person used to voting not to be able to vote or influence a board or commission member. As a non -voting member, Councilmembers give their opinion when asked. Councilmember K. Johnson suggested dividing Item D, letting the first sentence stand alone because that was a complete thought guiding the whole thing, and adding Item E about boards and commissions. She still had a problem with Item D, but not with the first sentence. Councilmember Distelhorst said that was a great idea and the subcommittee will discuss it. To address Council President Paine's comments about guard railing, Councilmember Distelhorst explained the idea behind this was the Council votes on and approves liaisons to boards and commissions. Given there is an official representative to boards and commissions, if an email is sent or there is a request for information, it may be nice to give the official Council appointed representative a heads up so they do not hear at the next meeting that a Councilmember contacted a board member about something. The intent was "no surprises" and in situations where there is an official liaison, keeping them in the know as much as possible. He agreed the language could be clarified to make it more understandable. With regard to contacting boards, Mr. Taraday recalled 1 `/z years ago the Council modified some of the land use appeal processes to curtail the number of administrative appeals that come to the City Council. One of the rationales was by no longer participating in the quasi-judicial process, the Council would be freed up to lobby the Hearing Examiner or the Architectural Design Board (ADB) to render a particular type of decision in a land use context. He suggested an exception for that unique scenario, commenting that was probably not what the subcommittee was referring to. Councilmember Distelhorst agreed that was not something the subcommittee contemplated. Councilmember Buckshnis said she did not support what was done in Title 20 because she did not believe the Council should be lobbying the ADB or Hearing Examiner, but Mr. Taraday made a great point. Councilmember Distelhorst read the following section of the proposed Code of Conduct: 6.4 Implementation, Compliance, and Enforcement As an expression of the standards of conduct that best serve the City, the Code of Conduct is intended to be self -enforcing and is most effective when members are thoroughly familiar with it and embrace its provisions. A. This Council Code of Conduct shall be included in the regular orientations for newly seated Councilmembers. Members entering office shall sign a statement affirming they read and understood the City of Edmonds Council Code of Conduct. B. The Code of Conduct shall be reviewed and reaffirmed annually by the City Council. C. When a breach of this code occurs, Councilmembers are encouraged to remind one another of the Code of Conduct terms. These communications may be documented with the subject line, "Code of Conduct Reminder." D. Repeated breaches, or egregious instances, may be dealt with according to the terms set out in the Council's adopted Rules or other applicable laws and regulations. Councilmember Distelhorst recalled there was a lot of feedback on Item D in August. The Council has already adopted a lot related to enforcement via the Council's Rules regarding Robert's Rules of Order, Chapter 20, Disciplinary Procedures. The subcommittee believed that did not need to be included in the Code of Conduct but it would be best to reference the enforcement procedures that the Council has already adopted. Edmonds City Council Approved Minutes January 12, 2021 Page 13 Councilmember Distelliorst thanked Councilmembers Olson and L. Johnson for working on this with him. He was hopeful it advanced the issue and was headed in the right direction. Councilmember K. Johnson suggested Council's adopted Rules be changed to adopted Roberts Rules of Order. 9. MAYOR'S COMMENTS Mayor Nelson commented although many never thought the COVID vaccine would get here, it is here and 14,000 doses have been administered in Snohomish County which is real progress. South County Fire is working on a mobile vaccine unit to provide the vaccine to people in long term care facilities. Mayor Nelson announced lie will make a State of the City address next Thursday, January 21 at 6:30 p.m. With regard to the chief of police process, he advised we have been reviewing applicants for search firms and are currently in contract negotiations with one. He looked forward to sharing the details once the negotiations have been completed. 10. COUNCIL COMMENTS Councilmember L. Johnson read a statement: "Last week we watched in horror as domestic terrorists stormed our nation's capital in a violent attempt to overturn the peaceful democratic transition of power. We must be unequivocal in the language we use to describe this moment; this was sedition and insurrection, it was terrorism and the response to the riot, or lack thereof, laid bare how racism works in this country. If these words make you uncomfortable, please ask yourself why. I read somewhere that white supremacy constantly asks for silence. It asks to repeat, not to speak or to point out failure, inequity and injustice. White supremacy is expert in shaming, bullying, intimidation and instilling a fear of retaliation. Swastikas; nooses; confederate flags; derogatory, hateful slurs hurled at those who are Black, Jewish or gay; the othering of newcomers; the dismissing of repeated accounts of discrimination and hate; upholding the status quo by prioritizing individual comfort over the others' safety and wellbeing; threats to gather outside of private residences, the homes where children live; to intimidate lawmakers who live there; threats to harass and shame elected individuals if seen out in public. These may sound like some of the acts that would be committed by those who rioted in D.C., but these happened here, in Edmonds. And now because of the credible threats in D.C. and Olympia and more specifically because of what I personally experienced here, I must further consider the safety of my family. And I say this recognizing my privilege and aware that what I am experiencing pales in comparison to the ongoing discriminatory treatment of those who are Black, Brown, immigrant or LGBTQIA are subjected to and have always been subjected to. So what do you call the refusal of some to acknowledge incidents of hate and bias? What do you call repeated bullying and intimidation? What do you call the posting of flyers all around Edmonds in a gaslighting attempt to shame elected officials because they acknowledged that racism exists here in Edmonds. Whatever it is, it most definitely is not kindness. Are we better than this? Not right now. Right now, this is us and if we do not acknowledge it then how can we expect it to change? Whether it is the inequities or injustices embedded within issues of healthcare, housing, policing, social services, environmental protection and more, we must be willing to listen and to acknowledge that the impact is not the same for all of us. We must sit with the discomfort of knowing the role we each play in contributing to injustice and inequality. Only then can we begin to change it. So what will you do? Will you sit comfortably under the guise of kindness, continuing to uphold the status quo or will you speak out? Will you work to dismantle racism and other inequities? Will you advocate for change? This Monday we honor the Reverend Martin Luther King, Junior who said, "history will have to record that the greatest tragedy of this period of social transition was not the strident Edmonds City Council Approved Minutes January 12, 2021 Page 14 clamor of bad people, but the appalling silence of the good people." These words still ring true today and I ask you, good people, please let us not be silent." Councilmember K. Johnson apologized to her fellow Councilmembers for a breach of decorum in some of her remarks last week. Her remarks attacked another Councilmember's motives. She should have instead focused her remarks on the merits of the pending matter. She was sorry for that breach of decorum. Councilmember Buckshnis urged the public to be conscientious regarding what might be happening up until the inauguration. She hoped Mayor Nelson was being conscientious. It is not pretty out there, it's unfortunate and it is causing a lot of concern. People have called her asking how she was keeping herself safe; she believed Edmonds was a pretty safe community. She has had things happen to her in past such as someone wrote something on her husband's Jeep. She suggested remaining calm and celebrating the upcoming inauguration and that there will be change. People can speak out and provide their voice but the most important thing is calmness. There is a lot going on, people need to watch TV, be calm and wear masks. Council President Paine thanked Councilmember L. Johnson for her statement. She pointed out the opposite of "othering" is belonging and everyone belongs here. She has felt fearful for her and her family's safety particularly following a comment that there should be protests at elected officials' homes. There are other things people should be working on instead, but it does add a level of anxiety. Reverend Martin Luther King, Junior was a very wise man; the comments he made 50 years ago still ring true today. With regard to the Code of Conduct, Council President Paine thanked the subcommittee for their work, noting it was sometimes thankless work. She advised the newest edition of Robert Rules in available in the Council office. To Mr. Haroldson's earlier question about why bring up the proposed Code of Conduct now, Council President Paine said Section 6 fits into the Council Rules of Procedures, a process that began in early 2020 but got derailed. Council President Paine expressed eagerness for the vaccine, commenting she was terrified of the variant being so virulent so she was staying as safe as she could. Councilmember Olson urged everyone to find a meaningful way to celebrate the Martin Luther King holiday on Monday, January 18"'. One idea is to attend the free virtual event (donations accepted) that has been advertised in the local media. She offered the alternative of reading a book she finished recently, "Uncomfortable Conversations with a Black Man" by Emmanuel Acho. She has read a dozen books on racial relations in America and found this book the most impactful and of value if someone read only one book. With regard to the events of last week, the attack on the capital and disrupting a long tradition of peaceful transfer of power was truly a low point in the nation's history; she hoped the nation did not go any lower than that. The swearing in of the City's new judge tonight, specifically to uphold the constitution and laws, is a rerninder to all of the call to work within the system for change. We have to do better, we are setting a terrible example for our children and for the world. With regard to what occurred in the nation's capital last week, Councilmember Fraley-Monillas found it appalling that five people died from behavior incited by the President of the United States. As elected officials, we should all be appalled by behavior by someone at that level. Councilmember Fraley-Monillas explained when she created the subcommittee to work on the Code of Conduct, it was not related to the Council Rules and Procedures, it was directly related to the Code of Edmonds City Council Approved Minutes January 12, 2021 Page 15 Conduct. She appreciated Councilmembers Distelhorst, Olson and L. Johnson agreeing to work on the Code of Conduct and looked forward to what they would come up with next. Councilmember Fraley-Monillas assured she will continue to fight for those who need support and assistance and was hopeful Edmonds would continue to be a safe community. With regard to threats of holding rallies in front of their houses, a threat was made to burn a crucifix on her lawn. That is not the Edmonds way and she encouraged people to think about that before making such threats. People should be able to look at each other in a sense of reality, live next to each other and work together even if they do not like each other. People have to agree to disagree and move forward as a community. She urged everyone to have a nice Martin Luther King Day, a day for community volunteerism and encouraged those who are able to do some community volunteerism. Councilmember Distelhorst thanked Councilmember L. Johnson for her statement and the additional statements from Councilmembers echoing the same stance. The events were terrifying, horrifying, and seditious in every way. There is that same hate and prejudice in this community. As City leaders this needs to be called out, act in a different way and lead by example to welcome everyone in the community and create a safe space and define safety. Councilmember Distelhorst referenced the virtual Martin Luther King, Junior event and encouraged support of organizations who are working to address systemic racism in the community. He recommended the book, "The Color of Law," that looks at zoning standards and policies and how they, including those still used today, were based on segregation, especially between white and Black communities in North America. He suggested it would be a sobering, angering, saddening but important read as the Housing Commission's recommendations come to Council. COVID cases are climbing back to the peak after a small dip. It was disheartening to see Congressional Representative Jayapal test positive after other congressional representatives' refused to wear masks. We should be past that, with everyone wearing masks, distancing and keeping each other safe. He urged the public to continue to do that for each other, for the community and for essential workers. Student Rep Roberts thanked Councilmember L. Johnson for her important comments. He agreed it was important that everyone examine their personal prejudices and biases and work toward educating ourselves on issues that have impacted minorities for so long and work toward bettering ourselves regarding how we treat others. We must call out instances of discrimination and stand up for what is right. We need to do whatever we can to fight the systemic discrimination that has been in the country for so long. We need to ensure that everyone is able to live their life without discrimination and without judgment. He urged the public to wear masks, stay home when they can and make wise choices; the new vaccine is not a save all solution. There is a new wave of cases after people gathered during the holidays and it is likely that more deaths will occur; that needs to stop. 11. ADJOURN With no further business, the Council meeting was adjourned at 9:00 p.m. MICHAEL NELSON, MAYOR SCOTT PASSEY, CITY CLERK Edmonds City Council Approved Minutes January 12, 2021 Page 16 Conduct. She appreciated Councilmembers Distelhorst, Olson and L. Johnson agreeing to work on the. Code of Conduct and looked forward to what they would come up with next. Councihnember Fraley-Monitlas assured she will C01-1tinue to fight for those who need support and assistance and was hopeful l;dinonds would continue to be a safe community. With regard. to threats of holding; rallies in front of their houses, a threat was made to burn a crucifix on her lawn, That is not the Edmonds way and she encouraged people to think about that before making such threats. People should be able to look at each other in a sense of reality, live next to each other and work together even if they do not like each other. People have to agree to disagree and move forward as a community. She urged everyone to have a nice Martin Luther King Day, a day for community volunteerism and encouraged those who are able to do soiree community volunteerism. Couucilmember Distelhorst thanked Councilntember L. Johnson for her statement and the additional statements From Councilmembers echoing the same stance. The events were terrifying, horrifying, and seditious in every way. There is that same hate and prejudice in this community. As City leaders this needs to be called out, act in a different way and lead by example to welcome everyone in the community and create a safe space and define safety. Councilntember Distelhorst. referenced the virtual Martin Luther King, Junior event and encouraged suppof of organizations who are working to address systemic racism in the community. He recornmended the hook, "The Color of Law," that looks at zoning standards and policies and how they, including those still used today, were based an segregation, especially between white and Black communities in North America. He suggested it would be a sobering, angering;, saddening but important read as the Housing Commission's recommendations come to Council, COVID cases are climbing back to the peak after a small dip. It was disheartening to see Congressional Representative Jayapal test positive after other congressional representatives' refused to wear masks. We should be past that, with everyone wearing masks, distancing and keeping each other sane. He urged the public to continue to do that for each other, for the community and for essential workers. Student Rep Roberts thanked Councihnember L..lohnson for her important comments. He agreed it was important that everyone examine their personal prejudices and biases and work toward educating ourselves on issues that have impacted minorities for so long and work toward bettering ourselves regarding how we treat others. We must call out instances of discrimination and stand up for what is right. We need to do whatever we can to fight the systemic discrimination that has been in the country for so long. We need to ensure that everyone is able to live their life without discrimination and without judgment. He urged the public to wear masks, stay home when they can and make wise choices; the new vaccine is not a save all solution. There is a new wave of cases after people gathered during the holidays and it is likely that more deaths will occur; that needs to stop. 11, ADJOURN With no further business, the Council meeting was adjourned at 9:00 p.m. MIPHAEL NELSON, MAYOR SCOTT PASSEY, CITY CLER Edmonds City Council Approved Minutes January 12, 2021 Page 16 .y Public Comment for City Council Meeting 1/12/21 From: Gayla Shoemake Sent: Tuesday, January 12, 2021 10:20 PM To: Citizens Planning Board <citizens-planning@edmondswa.gov>; Lien, Kernen <Kernen.Lien @edmondswa.gov>; Council <Council@edmondswa.gov>; Hope, Shane <Shane.Hope@edmondswa.gov> Subject: Tree Code Update- Public Comment Greetings to the Planning Board, City Council Members, and City Staff, I understand that you are in the midst of updating the Tree Code, which is important before making any Planning Changes, and I commend you for this step. As I look at the information available, it does not appear that there are any cutting restrictions or enough incentives to retain trees (which would be preferable) for private property owners who have most of the trees in Edmonds. It does not seem meaningful to write a Tree Code which leaves out 70% or more of the trees in the city which are on private property. The goal of the Tree Code is to retain and increase the number of trees in our city because their numbers continue to decrease. As you well know trees are one of the best carbon digesters available. In this time when we have significant carbon reduction goals, it makes sense to keep as many trees as we can. Obviously, people are attached to their own property, but sometimes they do not realize the health and other consequences to the community, and ultimately to their own families, of cutting down trees on their property (unless they are diseased or dangerous). By first educating the public and especially property owners about the value of trees to the community, some property owners may decide to retain that tree. Next, offer incentives to retain the trees (such as reducing city utility bills or adding another tree to their property (I think this idea was originally included) or other incentives. Also, encourage tree donations by individuals in the community to locations where there is room in the city, of course in parks and open spaces, but also on private property in low income neighborhoods where there might be few trees, or nearby county land where there is space. Assessing fines for unlawful tree removal would only be used in the most dire situations. It is possible that the current Tree Code has significant additions or changes from the earlier version that I saw. I will be interested in reviewing the up-to-date Code to see what alterations have been made. Thank you for your work on this Code and for the other policies and codes you work on each year. I appreciate your time in looking at these issues seriously and your attention to public comments. Edmonds City Council Approved Minutes January 12, 2021 Page 17 Sincerely, Gayla Shoemake From: Joan Bloom Sent: Tuesday, January 12, 2021 5:04 PM To: Olson, Vivian <Vivian.Olson@edmondswa.gov>; Distelhorst, Luke <Luke.Distelhorst@edmondswa.gov>; Johnson, Laura <Laura.Johnson@edmondswa.gov>; Council <Council@edmondswa.gov> Cc: Nelson, Michael <Michael.Nelson@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov>; Taraday, Jeff <jeff@lighthouselawgroup.com> Subject: Council Code of Conduct Council, First, I want to sincerely thank council member Vivian Olson for contacting me to ask my input on this version of the Council Code of Conduct. Given my strong objections to the previous version expressed in several emails to Council, I greatly appreciate the respect shown to me by Council member Olson in seeking my comments. I was copied on Ken Reidy's email to you, and agree with him regarding section 6.1 D. Respect should be shown to any individual participating in any way in the democratic process, not just those "participating in a public meeting". I recommend adopting the language Mr. Reidy has suggested. My comments can be summarized as follows: 6.3 Conduct with Boards, Committees, Commissions, and Outside Agencies In 6.3 B, please add that Council members should not participate in any sub -committees formed by any group that they are a liaison to. Section 6.3 E is very concerning: "When attending a non -city sponsored event, meeting, conference, or other activity, a Councilmember may be authorized to represent the Council only upon a majority vote of the Council. Likewise, a Councilmember may be authorized to represent the City only upon the express permission of the Mayor." I suggest this section be eliminated entirely. (1) Council members represent the citizens of Edmonds. Having Council vote to designate a fellow member to represent them at an event is contrary to the democratic process. Essentially, Edmonds City Council Approved Minutes January 12, 2021 Page 18 the Council would be voting on official Council presence at an event, as well as voting on their support of the event. How is this relevant to Council's role as the legislative body? Council should vote on policy, not on participation at events. Currently, no more than three Council members are allowed to be present at city sponsored events, so as to avoid a quorum. This rule could also be applied to address Council member participation at non city sponsored events. (2) Under no circumstance should the Mayor select a Council member to represent the city of Edmonds. The roles of Council and Mayor are distinct in order to maintain checks and balances of the branches of our government. The Mayor's selection of a Council member to represent Edmonds could be construed as favoritism towards individual Council members, and also as undue influence of the legislative body. The Mayor should represent himself, or select a member of his staff to represent him at a public event. Hopefully, Council will seriously consider my input. Regards, Joan Bloom From: Ken Reidy Sent: Tuesday, January 12, 2021 5:47 AM To: Public Comment (Council) <publiccomments@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Council <Council@edmondswa.gov>; Nelson, Michael <Michael.Nelson @edmondswa.gov>; Judge, Maureen <Maureen.Judge@edmondswa.gov> Subject: Public Comments for January 12, 2021 City Council meeting Regarding the proposed Council Code of Conduct, please consider the following as an alternative to Item "D." under 6.1 General Conduct: D. Ensure that all individuals who choose to participate in the democratic process are welcomed and engaged with. Ensuring all participation is welcome is a vital part of the democratic process. No signs of partiality, prejudice, or disrespect should be evident on the part of Councilmembers toward any individual participating in the democratic process. Every effort should be made to be fair and impartial in listening to any individual participating in the democratic process using any form of communication with City Councilmembers. Communication with individuals participating in the democratic process is a basic requirement. For example, at a minimum, a citizen request such as the following should get a prompt response: Edmonds City Council Approved Minutes January 12, 2021 Page 19 PLEASE advise as to the status of the CEMP and ECC Chapter 6.60. Will the CEMP be updated by December 31, 2020? Was it supposed to be updated nearly 2 years ago? Please see my Public Comments for November 24, 2020 City Council meeting which included discussion of the CEMP and ECC Chapter 6.60. For an example of how citizens are welcomed and engaged with, please see all my Public Comments submitted during 2020 and research how many of my requests or questions were responded to by anybody. This research will provide an excellent window into whether individuals who choose to participate in the democratic process are welcomed and engaged with. Thank you. From: Ron Bussiere Sent: Wednesday, January 6, 2021 12:00 PM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Rebecca Anderson <dropthemike2l@gmail.com> Subject: ECC 2.10.010.D Dear Council Members: htt s: m edmondsnews.com 2021 01 letter-to-the-editor-cit -council-has-authorit -to- waive-additional-rounds-of-interviews-for-chief-of- olice./ As Mr. Reidy pointed out in his Letter posted on My Edmonds News, ECC 2.10.010.D allows for the city council to end the appointment process and select from the candidates set forth to them previously. AND yes according to records this was done on Feb. 18, 2014 in the case of the Finance Director. I urge the council vote to waive additional rounds of interviews as permitted by code and select from the candidates first brought forth. AND since Pruitt is obviously not qualified for the position, please select assistant Chief Lawless as the permanent police Chief for the City of Edmonds. If the Council truly wants to repair the damage they and the Mayor did to this city, by their vote and actions of December 8th, this would be the way to do it. Let's end this thing now for everyone concerned. Ron Bussiere Edmonds Resident Edmonds City Council Approved Minutes January 12, 2021 Page 20