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Cmd061521EDMONDS CITY COUNCIL VIRTUAL ONLINE MEETING APPROVED MINUTES June 15, 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 ORDER/FLAG SALUTE STAFF PRESENT Phil Williams, Public Works Director Jessica Neill Hoyson, HR Director Shannon Burley, Deputy Parks & Recreation Dir. Jeanie McConnell, Engineering Program Mgr. Jeff Taraday, City Attorney Angela Tinker, City Attorney's Office Scott Passey, City Clerk Dave Rohde, GIS Analyst The Edmonds City Council virtual online meeting was called to order at 7:12 p.m. by Mayor Nelson. The meeting was opened with the flag salute. LAND ACKNOWLEDGEMENT Councilmember K. Johnson 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." ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present, participating remotely. 4. PRESENTATIONS JUNETEENTH PROCLAMATION Mayor Nelson read a proclamation proclaiming June 19"' as Juneteenth Independence Day in the City of Edmonds. Edmonds City Council Approved Minutes June 15, 2021 Page 1 Councilmember Distelhorst recognized Alicia Crank and Donnie Griffin who were present to receive the proclamation and other community members unable to attend tonight, Nashika Standbro, Courtney Wooten and Luis Harris. Mr. Griffin, Founding Principal of Lift Every Voice Legacy, thanked Councilmember Distelhorst and Mayor Nelson for ushering this Juneteenth proclamation through the process. Some may not be aware that the Snohomish County Juneteenth Festival of Freedom Committee selected Edmonds City Park as a marquee location for the festival this year; unfortunately, the tightening, loosening and re -tightening of COVID restrictions by the State made planning impossible. Instead a collaboration of virtual and in -person events hosted by community groups throughout Snohomish County began June 6"' and extends through June 25"'. Activities include historic storytelling, a live Black Candidate Forum called New Leaders and New Table which Alicia Crank participated in, the State of Black Community Affairs hosted by the NAACP and a live streamed church service on Sunday. The public can join these celebrations by going to Lift Every Voice Legacy's website, Beloved4all.org/Juneteenth2021. Mr. Griffin said his greatest hope was that Juneteenth would be a holiday celebrated by all Washingtonians and embraced as a day of emancipation, a day of freedom, a day of liberation like July 41h, a holiday that brings us all together, unites us in fellowship under the common value justice and freedom for all. By issuing this proclamation and inscribing it in City code, the City becomes a significant partner in this dream and journey. He wished all a Happy Juneteenth. Ms. Crank commended Mr. Griffin and community members who worked tirelessly to put these activities together. 2. LGBTQ+ RESOLUTION FOR JUNE PRIDE Councilmember Fraley-Monillas read a resolution recognizing June 2021 as Pride Month in Edmonds and celebrating our lesbian, gay, bisexual, transgender, queer, questioning, intersex, asexual gender non- conforming, pansexual, and 2 spirit (LGBTQ+) community and affirming that LGBTQ+ rights are human rights and encouraging the public to join the city of Edmonds to advocate for LGBTQ+ rights, support community members who identify as LGBTQ+, and celebrate the contributions that they make to our city. Councilmember Fraley-Monillas commented this is the first time the City has recognized Pride Month. She introduced wives Sarah Mixson and Oshuna Oma. Ms. Oma thanked Mayor Nelson and Councilmember Fraley-Monillas and City Council for inviting them. They have been fortunate in their lives to be supported and loved by their parents, families and friends throughout their journey. Not everyone is that fortunate; many children, young people and adults live in fear of coming out to their families, of being different, of not fitting in and they need the community's support. Right now people need to support trans friends and their families who are trying to figure out their gender identity which is totally different that one's sexuality. She encouraged everyone to be open and she hoped the recognition of Price Month would continue every year. She paid tribute to the people in Stonewall who began this effort. Ms. Mixson commented on how much it means for the City to acknowledge the LGBTQ+ community. Many people carry scars from being in communities where that was not a possibly. Having the City acknowledge Pride Month and putting up a Pride Flag is part of their healing. She read a Quote from Black lesbian poet Audrey Lorde, "It is not our differences that divide us. It is our inability to recognize, accept and celebrate those differences." Ms. Mixson thanked the City for recognizing, celebrating and accepting differences and recognizing that they bring their full selves to the City, are part of the City and the City is part of them. Edmonds City Council Approved Minutes June 15, 2021 Page 2 3. YOUTH COMMISSION ANNUAL REPORT AND SENIOR RECOGNITION Deputy Parks & Recreation Director Shannon Burley wished all Happy Juneteenth and Happy Pride. She recognized and thanked Youth Commission Coordinator Casey Colley, who been with the Youth Commission since its inception, for the 10 hours a week she dedicates to the Youth Commission. Ms. Colley recognized graduating commissioners. • Jacob Sawyer, Co -Chair o Graduating from Edmonds-Woodway High School o Has been youth commissioner for two years holding the office of co-chair this last year o Attending the University of Washington -Seattle in fall to study aerospace engineering o Favorite part of being a youth commissioner was interacting with local officials and leadership • Grace Kamila o Graduating from Shorewood High School o Been a youth commissioner for a year o Attending the University of Washington in fall to get undergraduate degree. Still undecided but leaning toward business, psychology or exercise science o Enjoyed learning about local government policies, being involved and implementing inclusive policies ■ Hunter DeLeon o Graduating from Edmonds-Woodway High School o Has served as commissioner for one year o Attending Central Washington University pursuing a degree in music education o Enjoyed being more involved with the City of Edmonds Youth Commission Chair Lee Owen expressed appreciation for Ms. Burley and Ms. Casey, the graduating seniors and Councilmember L. Johnson. He and Youth Commissioners Audrey Lim (Alternate) and Brooke Rinehimer reviewed: Past Year Accomplishments o Activism & Advocacy = Pronoun inclusion presentation ■ Earth Day volunteering ■ PSRC meeting ■ Participated in Police Chief selection ■ Collaborated with Councilmember Distelhorst on Suicide Prevention Month o Organization ■ No longer meeting during summer = Recruitment during fall to line up with school year * Meeting on the second and fourth Wednesdays ■ Committees - Diversity & Equity - Environment - Youth & Government - Mental Health o Networking • Mindy Woods, Human Services ■ Caitlin Chung, Diversity Commission ■ Jo Anna Rockwood, ESD School Psychologist ■ Robert Bumgardner, ESD Superintendent's Cabinet • Terese Richmond, Climate Protection ■ Fairvote WA Representatives Edmonds City Council Approved Minutes June 15, 2021 Page 3 ■ Climate Action Plan Representatives ■ Puget Sound Regional Council o Publicity ■ Exposure through our community involvement ■ New Instagram account at 148 followers as of June 9"' - @edmondsyouthcommission o Commissioner Diversity ■ This year, we have commissioners from the following schools: — Edmonds-Woodway High School — Edmonds Heights K-12 — Shorewood High School — Mountlake Terrace High School Future Goals o Continued Concrete Change ■ Similar to our goal from last year in See how we can participate in our community post -pandemic o Building Community Connections ■ Meetings this year have been really helpful ■ We want to get our names out more and continue to build up our community presence, as well as reach a wider audience Councilmember Olson said she has enjoyed reading the Youth Commission minutes for the last six months, her favorite part the description of what would happen after the presentation, getting compliments from the Council. She commended the Youth Commission for a great job tonight and throughout the past six months and expressed her appreciation for their time and effort. She enjoyed getting to know some of the commissioners, recalling she met Jacob Sawyer outside Council Chambers one evening and the things on his mind about the environment and what to do about climate change blew her mind and made her excited about the Youth Commission and the next generation made her feel we will be in great hands going forward. She thanked the commissioners for their involvement in the City. Councilmember Fraley-Monillas thanked the Youth Commission for the great presentation, commenting she had high hopes for the youth in the City as she sees a positive change. There has been a huge divide in Edmonds over the last couple years; the Youth Commission brings togetherness and a willingness to work together and she hoped it set an example for other youth. The City and society needs the youth and she thanked the Youth Commission for volunteering their time. Councilmember K. Johnson congratulated the graduating Youth Commissioners and wished them good times at college. The Youth Commission has done a very good job and it is interesting to see where their passions lie; the youth of today is different than the youth in generations past. She asked whether the residency requirement was retained as the commission expanded to other high schools. Chair Lee answered the students who attend Shorewood and Mountlake Terrace High Schools all live within the Edmonds city limits. Councilmember K. Johnson suggested contacting King's School and Meadowdale High School. Chair Lee commented there was a student from Meadowdale last year. He hoped to continue the trend of more diverse commissioners and was hopeful there would be representation from all the high schools in future years. Councilmember Distelhorst thanked the commissioners for being present tonight and for the work they are doing. He had a wonderful time working with Brook Roberts on Suicide Prevention Month. There are many great ideas and options for the Council to collaborate with the Youth Commission and commissioners and he hoped to be able to grow those relationships. The Youth Commission is working on many great ideas that may not be at the forefront of the Council's work but can be incorporated in the future to benefit residents and youth. Edmonds City Council Approved Minutes June 15, 2021 Page 4 Council President Paine thanked the Youth Commission for all the work they have done for the City, recognizing the dimensions they add are absolutely unavailable from any other commission. She appreciated and recognized the aspects and thoughts the youth bring. She has always thought teenagers were underappreciated and she hoped commissioners felt appreciated by the adults in their world. She appreciated the thoughtfulness the commissioners bring to their work and she looked forward to their efforts next year. She wished them the best, to stay safe and to enjoy their summer. Councilmember Buckshnis said bravo and thanked the commission for their presentation. She offered congratulations to Jacob Sawyer, Grace Kamila (her selection for the Youth Commission) and Hunter DeLeon, commenting it was fun to see commissioners at the Earth Day celebration organized by the Tree Board. She recalled members of the Youth Commission working with Students Saving Salmon on the Holy Rosary site last year. She also reads the Youth Commission's minutes and was excited by their ideas. She expressed her appreciation for the commissioners' gift of volunteering. Councilmember L. Johnson commented this was an excellent presentation, the content, the delivery and the slides were fantastic. The Youth Commission has made a real difference and a positive contribution to the community and she found it an honor and pleasure to work with each commissioner. She looks forward to the Youth Commission meetings and they are her favorite; youth inspire her and give her hope especially this Youth Commission. She wished the best to graduating seniors Jacob Sawyer, Grace Kamila and Hunter DeLeon, commenting it has been a challenging year, but they all rose to the challenge. She summarized she can't wait to see all that they do and wished them the very best. Mayor Nelson thanked the Youth Commission and looked forward to seeing them all again very soon. 5. APPROVAL OF AGENDA COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Mayor Nelson invited participants and described the procedures for audience comments. Linda Ferkingstad, Edmonds, expressed appreciation for the Council's hard work and abundance of empathy, some of which may be imposing on citizen rights. The empathy for those wishing to walk in the street on weekends, empathy for trees but not for their owners. Empathy is a good endeavor for individuals to spark self-awareness and how to help those in need. Enforcing empathy at the government level can enable harmful behavior and impose on the rights of law abiding, taxpaying citizens. She assumed the intent of Walkable Main Street was to help businesses struggling with the effects of lockdowns. Most Main Street businesses have said it has the opposite effect, sales falling as much as 80% for some. With two walkable streets at the farmer's market on Saturdays, there is no need to extend it to Main Street with no new attractions, harming businesses and exacerbating the parking and store accessibility nightmare. She requested the City acknowledge that Walkable Main Street has failed and help the businesses it has negatively affected. Ms. Ferkingstad commented Council's desires for trees on private property take precedent over the owner's right to maintain that property, build a home, or provide for their family. There are an abundance of trees in Edmonds and just a four minute from their property is a densely wooded park with over 100 acres of trees. They purchased a treed 1.2 acres in 2017 and have been working with the City to divide it into three lots to build modest homes for them to downsize and for her parents. They planned to retain 50-60 trees on Edmonds City Council Approved Minutes June 15, 2021 Page 5 the property, 20% more than required. The tree ordinance forces them to purchase the trees they own on their land from the City before they can be removed to build their homes. The theft of $250,000 from their family is an unconstitutional takings that Council will use to hire tree ordinance enforcers who will police and fine all Edmonds citizens for what they do with their trees. The Council has voted to legalize infringement on their rights to their property with an illegal regulatory and monetary takings tree ordinance. This is against the constitution's 5"' amendment takings clause. This Council pledged to uphold the constitution and should have voted against imposing local government on the rights of citizens and the businesses they represent. She urged the Council to restore liberty and justice for all in Edmonds and restore citizens' freedoms and rights to their own property by rescinding the tree ordinance and instead work to keep victims safe, change laws to hold those who harm others accountable including those who are drug addicted and mentally ill. She urged the Council to fight for citizens and businesses' rights. Marlin Phelps commented he is probably the most prolific Snohomish County court of limited jurisdiction observer ever, he has attended hundreds of times. Today he saw something he has never seen before; he went to Edmonds Municipal Court and observed a hearing where lawyers were taking testimony from the arresting officer. All other courts of limited jurisdiction in Snohomish County and King County are primarily Seattle University juris doctorates and nothing like that ever happens in those courts. He referred to Travis Burg who was featured on a program done by KOMO 4 "Seattle is Dying," in which it was stated he had been arrested 50 times. He later murdered his girlfriend and took his own life. The 50 times he was arrested and put back on the street was done by Seattle University judges. He recommended keeping an eye on the Edmonds Municipal Court Judge because there are bad people doing other things and Edmonds Municipal Court stands as the only court of limited jurisdiction in Snohomish County that is actually doing court and not just letting depraved monsters go and empowering them to do every worse crimes. Gregg Busch, Wireless Policy Group, on behalf AT&T, expressed AT&T's support for the master permit presented by City staff. He asked that the Council approve the ordinance authorizing the Mayor to execute the master permit as currently drafted so that AT&T has the opportunity to improve service to Edmonds residents, businesses and first responders. AT&T's priority is to provide stable and consistent connections to customers and they are constantly assessing and upgrading their network to respond to the tremendous increase in demand for mobile data. Small wireless facilities are key to providing additional coverage and capacity to AT&T's network in areas with high demand for wireless data. To continue to offer high quality service and respond to the ever increasing demand on AT&T's network, he requested the Council approve the ordinance authorizing AT&T's master permit. He and Carl Gibson, Director of External Legislative Affairs, AT&T, are available for questions. Natalie Seitz, Edmonds, spoke regarding the City's intent to regulate maintenance of trees on private property. The job description for the Urban Forest Planner states the position is responsible for implementation of the City of Edmonds Urban Forest Management Plan as it relates to private property and includes a list of job requirements, some of which are not consistent with the UFMP. Examples include: ➢ Managing the permit/notification process for the removing or altering of trees; that should be amended to state removal or altering trees in conjunction with development as there is currently no process for private property not associated with development. ➢ Inspect trees on private property as required; this should be amended to "as requested" in order to be consistent with the UFMP. ➢ Review professional tree assessment/landscape plans that are submitted to the City especially in conjunction with development; "especially" should be removed, there is currently no requirement other than associated with development ➢ Assist in determining compliance violations and penalties for illegal tree cutting on private property; this should be changed to private property in conjunction with development. The changes she suggested would make the job posting consistent with the UFMP and would correct the posting to not be pre -decisional to the Planning Board's process which has not yet started or the SEPA Edmonds City Council Approved Minutes June 15, 2021 Page 6 compliance which the City would need to evaluate as part of this process. Some Councilmembers have lamented the recent loss of large trees; she has seen a few cut down in recent months and can understand the desire to understand the underlying cause of environmental degradation. However, the City Council chose its current course of action knowing full well this would be the result and is evident in the whereas clauses of the emergency ordinance. The effect of people cutting trees to avoid regulation has been documented in the urban environment since at least 1990, over 30 years, speaking specifically to the Rossi paper cited by the USDA when discussing tree ordinances and the effect of ordinances similar to the one the Council has undertaken. At this point these trees are sunk costs; the choice in front of the Council now is whether to further penalize the regeneration of private urban forest or choose a more equitable and more treed future for the citizens of Edmonds by choosing the actions developed under the UFMP. Rebecca Anderson, Edmonds, said she was grateful to live in this country because she has the freedom to publicly address her elected officials. At the May 25"' Council meeting she asked the City to resume in - person meetings immediately so residents could once again fully participate in the important issues facing Edmonds, including the Citizens Housing Commission policy proposals scheduled to be presented to Council in the near future. Some of those proposed policies have the potential to radically change the landscape of Edmonds forever and residents need to be included in those important discussions. She also encouraged residents to sign a petition on PetitionBuilder.org if they also agree it is time for Edmonds to open up. She shared some of the comments submitted by residents; ➢ It's time for hybrid City Council meetings. Edmonds has the opportunity to be a leader in the region. ➢ The City Council and the Mayor need to have face time with the citizens they represent. ➢ The housing issues should not be addressed until the City Council is back meeting in -person and citizens have been given access to their elected officials. ➢ Council meetings should be open before any aspects of the Citizens Housing Commission report are considered. The aspects of this report are too important to the citizens of Edmonds to be considered or discussed at virtual meetings. Citizen input is required. ➢ If we can safely host an Edmonds 4"' of July, Council can meet in person. Virtual meetings are confusing and seem to be contributing to the divisiveness that is poisoning our Council and community. Ms. Anderson hoped the Council was as encouraged as she by these comments. Residents are ready to fully participate in City issues. On June 3`1 she sent an email to all Councilmembers and the Mayor to follow up on her May 25"' comments. She publicly thanked Councilmembers Olson, Buckshnis, Distelhorst and Paine for replying to her email. She was informed by Council President Paine that July 12' was the expected date for City meetings to be fully open with an in -person option and requested an update on the City's reopening schedule. Business in the state is quickly resurning to near normal with many grocery stores and other businesses relaxing their mask requirements, large gathering capacities are increasing due to the state being close to 70% threshold of vaccinated residents and the rate of COVID cases declining, all welcome news. She hoped the Council would find time tonight to update residents on the timeline to reopen so the Council can fully engage with their constituents for the good of Edmonds. (Written comments submitted to PublicComment@Edmondswa.gov are attached.) APPROVAL OF THE CONSENT AGENDA ITEMS Councilmember Olson requested Items 7.1, 7.5 and 7.8 be removed from the Consent Agenda. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY OLSON TO APPROVE THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 2. APPROVAL OF CLAIM CHECKS Edmonds City Council Approved Minutes June 15, 2021 Page 7 3. 4TH OF DULY PARADE & FIREWORKS, EDMONDS SPRING FEST AND EDMONDS ARTS FESTIVAL EVENT CONTRACTS 4. LGBTQ+ RESOLUTION FOR JUNE PRIDE 6. APRIL 2021 MONTHLY FINANCIAL REPORT 7. JOHNSON PROPERTY RIGHT OF ENTRY AGREEMENT 8. ITEMS REMOVED FROM CONSENT 1. APPROVAL OF COUNCIL MEETING MINUTES OF JUNE 8, 2021 (previously Consent Agenda Item 1) COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO ADD THE OMITTED TEXT DOCUMENTED IN THE EMAIL SENT TO FULL COUNCIL THIS MORNING, TO THE JUNE 8TH MINUTES. Councilmember Fraley-Monillas asked if minutes or exact minutes were being taken. The language in this morning's email was related to specific minutes, but it was her understanding that minutes of meetings were taken. After speaking with Council President Paine earlier today, it was clear the comments she made were just talking off the top of her head. She was unsure why there was a desire to pigeon hole Council President Paine into a statement she was unwilling or unable to stand behind. She encouraged the Council to vote against the motion. Councilmember Olson said what was considered and why it was ruled out should be documented, instead nothing was included which she felt was an omission of relevance. Council President Paine stated in looking through the minutes regarding that agenda item, she was consistent and clear throughout regarding her position and she did not think the comments that Councilmember Olson wanted included added any elucidation or advanced the discussion. She summarized the amendment was unnecessary as the Council does not have verbatim minutes. Councilmember Buckshnis commented these are minutes, not notes and the Council does take verbatim minutes sometimes. At the meeting, Mayor Nelson specifically asked Council President Paine her opinion and what she wanted. Councilmember Buckshnis paraphrased what Council President Paine had said, commenting Council President Paine's remarks did provide her thought process and even though the Council did not act on it, it was valid information that she provided after Mayor Nelson asked her to render an opinion. It is not a scrivener's error or someone thinking out loud, but something that should be included in the minutes. Councilmember Fraley-Monillas commented Councilmembers change their mind and their position all the time in the minutes. As these are Council President Paine's statements and not Councilmembers Buckshnis or Councilmember Olson's, she has right to determine whether they are included. She asked City Clerk Scott Passey whether the minutes were verbatim or minutes. Mr. Passey answered the City does not do verbatim minutes, those would be very long; the minute taker does a pretty good job of summarizing as best she can. Councilmember Fraley-Monillas commented at least half the Councilmembers have changed what they stated at the meeting after reading the minutes and determining that was not what they meant or what they were trying to say. Council President Paine has a right to say whether to include that statement or not. It should be up to the person making the statement, not to those who are trying to prove a point about another Councilmember. Edmonds City Council Approved Minutes June 15, 2021 Page 8 Councilmember Olson pointed out this wasn't changing what was in the minutes; this was inserting something that was completely omitted. She was fine with either a summary or the verbatim. COUNCILMEMBER OLSON CALLED THE QUESTION. VOTE TO CALL THE QUESTION CARRIED UNANIMOUSLY. UPON ROLL CALL, MOTION FAILED (3-4) COUNCILMEMBERS K. JOHNSON, BUCKSHNIS AND OLSON VOTING YES; AND COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE COUNCIL MINUTES AS PRESENTED IN THE PACKET FOR JUNE 8, 2021. UPON ROLL CALL, MOTION CARRIED (4-3), COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; AND COUNCILMEMBERS K. JOHNSON, BUCKSHNIS AND OLSON VOTING NO. 2. URBAN FOREST PLANNER JOB DESCRIPTION (previously Consent Agenda Item 5) Councilmember Olson said she wanted to take a second look at the job description and to consider Natalie Seitz's comments as there may be some relevance. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO POSTPONE TO A FUTURE MEETING. Councilmember Buckshnis asked if the intent was to postpone to a date certain. Councilmember Olson said she wanted to postpone to another meeting, with the Council President scheduling it whenever she wanted but providing her at least a week to review it. Council President Paine suggested June 22" d. Councilmember L. Johnson asked if it would be on the June 22°d Consent Agenda. Council President Paine answered yes. Councilmember Distelhorst asked if this had been reviewed by a Council committee and had the committee recommended consent. Councilmember Fraley-Monillas answered yes. Mayor Nelson restated the motion. POSTPONE TO THE JUNE 22ND CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. 3. ORDINANCE TO REPEAL SALARY COMMISSION (previously Consent Agenda Item 8) Councilmember Olson said she pulled the ordinance to repeal the Salary Commission due to the substance of yesterday's letter to the editor from resident Jay Grant who chaired the Salary Commission, specifically the assertion that the Salary Commission had looked at equity which was confirmed by other commissioners in the comment section. Because the reason the Council was disbanding the Salary Commission was to look at the issue of equity, this new information from participants and stakeholders warranted further discussion and another vote. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON, TO DISCUSS IT TONIGHT IF THERE'S TIME OR AT A TIME THAT THE COUNCIL PRESIDENT CAN PUT IT BACK ON THE AGENDA TO RECONSIDER THIS WITH CONVERSATION BASED ON THIS NEW INFORMATION. Edmonds City Council Approved Minutes June 15, 2021 Page 9 Councilmember Fraley-Monillas said the Salary Commission does not look at equity. It is important to understand that money is not the only equity issue; other equity issues include benefits for a family, for example a working couple or a working single parent that needs medical benefits. COtlncilmember Buckshnis raised a point of order, the Council was attempting to put this item on the agenda, not to discuss the merits of repealing the Salary Commission. Councilmember Fraley-Monillas explained she was speaking against the motion. Mayor Nelson suggested Councilmember Fraley-Monillas tighten up her comments to speak to the motion. Councilmember Fraley-Monillas said she was speaking to the issue of equity. The issue is not just financial, equity includes districts so Councilmembers are elected from different areas, providing medical benefits, changing the meeting time, etc. Money was probably one of the last issues she wanted to look at. It is not the Salary Commission's job to look at districts and/or benefits as their focus is salaries. She encouraged the Council not to convene the Salary Commission and to create a group that can look at the equity issues. She encouraged Councilmembers not to support the motion. Council President Paine raised a point of order, stating the motion was out of order as the Council already voted and it was not a motion for reconsideration. Unless someone from the prevailing side wanted to change their vote, the motion was not proper. City Attorney Jeff Mr. Taraday said the prevailing party rule only applies to motions made during the same meeting. The Council directed the City Attorney to the prepare an ordinance at the last meeting. That ordinance is in the packet; it was pulled from Consent and there either needs to be a motion to approve it or to do something else. Mayor Nelson ruled the discussion was appropriate. Councilmember Buckshnis commented the Council received a lot of information today. She observed there was no announcement to convene the Salary Commission which should have been done 1-2 months ago; it was almost like the administration knew the commission would be disbanded. She asked whether there had been an ordinance to repeal the Salary Commission. Mr. Taraday said the repealing ordinance was the item that was pulled from the Consent Agenda. Councilmember Buckshnis asked if it was a new ordinance that came out today. Mr. Taraday said the ordinance was not included in an earlier draft of the packet and was added to the packet today. Councilmember K. Johnson asked if the motion suggested this could be discussed at a future meeting. Mayor Nelson said the motion stated it could be discussed tonight or at a future meeting. Councilmember K. Johnson preferred it be postponed to a future meeting so the Council could take into account the comments from citizens regarding the abolition of the Salary Commission. Council President Paine expressed support for approving the repealing ordinance tonight. The past Salary Commission could not address equity because they do not have that authority; that is the authority of the City Council. There were also no changes in the salary, the Salary Commission's 2019 recommendation stayed the same. Council can work with staff and HR Director Neill Hoyson agreed she could provide Council a "Compensation 101." The Council needs to have that conversation and she can work with Ms. Neill Hoyson to put that together. She expressed support for approving the ordinance to repeal the Salary Commission. Councilmember Fraley-Monillas agreed with Council President Paine regarding having the Council look at equity. She was uncertain one email from a one person who served on the committee and their interpretation should reverse the work the Council has done. She supported considering equity, noting any changes to the salary would not affect current Councilmembers. Retaining the Salary Commission would likely result in an increase in Council's salary and the Council cannot to do anything about it. For example, if the Salary Edmonds City Council Approved Minutes June 15, 2021 Page 10 Commission recommends the Council gets a raise, that is what happens. She suggested repealing the ordinance would save taxpayers money and allow the Council to look at issues that may keep people from running for office. Councilmember K. Johnson said repealing the Salary Commission was a big mistake. The Salary Commission removes elected officials from setting their own salaries, they look at benefits and can consider other issues. The issue of equity is very muddy; the Council could go to a ward system without affecting the Salary Commission. The Salary Commission conducts independent investigation, works with the HR Director, looks at what other cities are doing, and considers compensation related to salary and benefits. If the Salary Commission was eliminated, the Council salary would be flatlined until 2026 which does not increase the salary or opportunities for people to be on the Council. If anyone believes the salary for the City Council is inadequate, the Salary Commission is the best chance for making incremental improvements. If the Salary Commission is disbanded, with an average 8% increase per year, a 40% increase would be required in 2026 to keep up with inflation and other factors. She did not support the motion. Councilmember K. Johnson objected to this coming to Council as a surprise; this is essentially the Council's second touch. An issue has not been discussed is the difference between legislative and administrative authority; the Mayor is suggesting a change to the Salary Commission, but in fact that is the Council's legislative authority and she was confused why Councilmembers were agreeing to it. She preferred to have a larger discussion regarding equity, what was wrong with the Salary Commission and what equity meant to the four Councilmembers who support this, whether they want more salary or benefits. She was unclear what the objectives and reasons were for abandoning the Salary Commission. UPON ROLL CALL, MOTION FAILED (3-4) COUNCILMEMBERS K. JOHNSON, BUCKSHNIS AND OLSON VOTING YES; AND COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO. Councilmember L. Johnson said she had not had an opportunity to weigh in on the discussion and felt left out. She asked if Councilmember who did not get called on would have an opportunity to provide input. Mayor Nelson suggested a Councilmember make a motion regarding action on the ordinance which could be followed by discussion. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO APPROVE THE ORDINANCE IN THE PACKET DISBANDING THE SALARY COMMISSION. Councilmember Buckshnis raised a point of order, asking if it was the ordinance in Friday's packet or the packet that was updated today. Mayor Nelson clarified the motion pertains to the ordinance that was sent out today. Mr. Taraday explained there was no change to the ordinance; the earlier draft of the packet did not contain the ordinance. There is only one version of the ordinance. Councilmember L. Johnson said out of curiosity, she looked at the minutes from August 19, 2014 when the Salary Commission was disbanded in the past and found Councilmembers Buckshnis and K. Johnson voted in favor of disbanding. Councilmember Buckshnis raised a point of order, commenting the Councilmember had no idea what happened in 2014 or whether it was germane to this decision. The topic under consideration is repealing the proposed ordinance and Councilmember L. Johnson was referring to disbanding the Salary Commission in 2014. Mayor Nelson clarified the discussion is regarding repealing the Salary Commission so a Councilmember bringing up past repeals was relevant. He ruled point not taken. Edmonds City Council Approved Minutes June 15, 2021 Page l 1 Councilmember L. Johnson said she was speaking to repealing the Salary Commission in 2014 and the voting record. Statements are being made that this is without precedence; she found it interesting that two Councilmembers who are now in opposition were in favor in the past. This is not without precedence, specifically for existing Councilmembers. If time permits, she will look at the votes in 2017. This information is relevant because the administration brought this forward showing all the time that goes into the Salary Commission. She recognized staff was under tremendous pressure coming out of a pandemic and are pointing out the time the Salary Commission takes and the minimal change between Salary Commissions. That information as well as her desire to leave a legacy of increasing the ability for individuals to serve on Council led her to support having Council look at the equity issue and whether to reconvene a Salary Commission in the future. She resented the implication that there was a coordinated effort, assuring there was no coordinated effort; it was each Councilmember speaking to their desire for future Councils. Councilmember Distelhorst commented he would keep his comments brief as it is already 8:37 p.m. and the Council still has a number agenda items. He supported repealing the ordinance because there needed to be a more inclusive, holistic look at the process which would not be achieved by the Salary Commission. It may require working with the HR Director and/or an outside professional and will require a broader view and more holistic approach. This not personal for the existing Council, it is setting up a long term structure for the future, for the benefit of residents, the City and public officials. He recalled people saying they did not do it for the money, commenting that was a fantastic place to be because it meant they have the money to take care of themselves. Not everyone in the community can do something not for the money because they have rent, mortgage and bills to pay. That needs to be taken into consideration with a holistic approach to provide a better structure that allows more people in the community to participate in public service. He supported repealing the ordinance and having a specific group effort looking at this without a narrow COLA, inflation, dollars and cents look. There is an opportunity to have a Salary Commission in the future to conduct a periodic review once these issues are addressed. For those reasons, lie supported the motion. Councilmember K. Johnson said she did not understand what it meant to have a holistic view of the Council or better opportunities for people to participate in public service. In a democracy anyone who wants to run for public office may do so. The compensation for public office is minimal; she doubted the Council even made minimum wage if 25 hours a week was considered. The Salary Commission is supposed to look at salary and benefits. There could be a separate discussion about equity, holistic treatment, or wards, etc., but she did not understand how that would be structured. When talking about equity in this context, there needed to be more specifics because she did not understand and the public may not either. Councilmember Fraley-Monillas said she was also on the Council when the Salary Commission was disbanded and assumed she voted in favor. She recalled after some time, the Council agreed to restart the Salary Commission. The fact that three existing Councilmembers were involved in disbanding and reinstituting the Salary Commission illustrated that there was more to it and that it was not commonly done. She expressed interest in residents being able to run for office, noting five of the seven current Councilmembers live in the bowl or the view corridor of Edmonds. That results in a certain types of people, and other people who do not live in those areas need to be encouraged to run for office. Unfortunately, if someone works to support their family, they cannot run for office and be successful because they cannot attend daytime meetings. That precludes nurses, daycare staff, baristas, construction workers, the working class of Edmonds who cannot leave work for daytime meetings. For democracy purposes, she recommended taking a look at it to see if anything could be done to encourage other people to run for office, not just people who have the financial ability to do it. She noted other cities are also looking at this issue. COUNCIL PRESIDENT PAINE CALLED THE QUESTION. UPON ROLL CALL, VOTE TO CALL THE QUESTION CARRIED (6-1), COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS, BUCKSHNIS, OLSON AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; AND COUNCILMEMBER K. JOHNSON VOTING NO. Edmonds City Council Approved Minutes June 15, 2021 Page 12 UPON ROLL CALL, MOTION CARRIED (4-3), COUNCILMEMBERS DISTELHORST, FRALEY- MONILLAS, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; AND COUNCILMEMBERS K. JOHNSON, BUCKSHNIS AND OLSON VOTING NO. Councilmember L. Johnson corrected the record: in the August 19, 2014 minutes, Councilmembers Buckshnis and Fraley-Monillas voted in favor of disbanding the Salary Commission and Councilmember K. Johnson voted against. 9. UNFINISHED BUSINESS 1. COUNCIL DELIBERATION AND ACTION ON MASTER PERMIT WITH NEW CINGULAR WIRELESS. PCS,_LLC. OBTAINING TERMS THAT PROTECT THE CITY IN RELATION TO THE FORTHCOMING PLACEMENT OF SMALL WIRELESS (SMALL CELL) FACILITIES IN THE C_ITY'S RIGHTS -OF -WAY, SUBJECT TO OBTAINING SITE SPECIFIC PERMITS City Attorney Jeff Taraday advised additional changes to Section 25 of the master permit were emailed to Council. Ms. Tinker will briefly review the substance of the changes. If a motion is made to approve the master permit, lie requested the Council clarify that the recommended version of the master permit was the one emailed to Council with changes to Section 25. It was his understanding that AT&T had also agreed to that language. Councilmember Buckshnis raised a point of order regarding when that that information was emailed. Councilmember Distelhorst advised it was emailed at 8:04 am today. Angela Tinker, Lighthouse Law Group, reviewed: • Master Permit Approval (or Denial) o What does a "No" Vote (not approving the Master Permit) mean for the City? ■ City will still get Small Wireless in its streets ■ Site specific applications will still be made • Shot clock periods apply ■ City cannot prohibit the provision of personal wireless services ■ City will risk not having the financial protections the Master Permit Offers • Master Pen -nit Financial Protection o Financial protections provided with this Master Permit: ■ Comprehensive indemnity ■ Commercial General Liability Insurance Policy $ 5,000,000 / $10,000,000 ■ City named as an additional insured ■ AT&T assumes risk of damage to its facilities s hidemnity and insurance survive any expiration or termination ■ AT&T must remove its facilities upon expiration or termination ■ City can impose monetary penalties $500/day ■ City can require AT&T to maintain $50,000 security fund in favor of City ■ AT&T's agreement City is not bound if FCC's restrictions are lifted Master Permit Approval (or Denial) o If the first wireless provider places its facilities in City's rights -of -way without a master permit, City risks being able to get a master permit with any other wireless provider and the financial protections that come with it. ■ Federal Law requires the City be competitively neutral o What does a "Yes" Vote mean for the City? ■ City will get the financial protections of the Master Permit Edmonds City Council Approved Minutes June 15, 2021 Page 13 ■ It DOES NOT MEAN the Council wants or is in favor of small cell deployment ■ A solid Master Permit document has been negotiated that protects the City within and up to the limits of the law. • Changes to Section 25 of the master permit o Addresses revocation, AT&T has agreed to the changes o Wording was changed, replacing reference to penalty or sanction with reference to damages and remedies to make clear the intent of the parties that the contract remedies exist to compensate for any economic harm or loss that may occur. • City staff and the City Attorney's office believe they have developed a good document that protects the City within and up to the limits of the law imposed and recommend the Council approve the master permit. Councilmember Distelhorst thanked City staff and Lighthouse for the work they have done on this for a long period of time. He also thanked fellow Councilmembers for the numerous discussions on this topic, commenting it was obvious they had done a lot of research and homework. That was reassuring to him as a resident that the Council was taking this issue seriously and looking at it from multiple angles. He appreciated the work the Council, staff and legal have done to continue to move this application forward and including improvements and protections in the document. Councilmember Buckshnis observed staff and Lighthouse had been working on this for over year. Ms. Tinker agreed. Councilmember Buckshnis said she understood the decision was either yes or no, and asked if changes could be made within the document. For example, as was stated in the minutes of previous meetings, could the language in the inventory be changed so that there were maps prior to deployment. The master permit states they will provide hard copies, digital copies, GIS and use of the pole after installation and she wondered if it would be advantageous for the City to have that information beforehand. She commented if multiple providers putting things here, there and everywhere, and the City gets that information afterwards, it could result in visual pollution. Ms. Tinker agreed the master permit requires the provider document the exact location of facilities that actually exist in the various ways Councilmember Buckshnis mentioned. She did not recommend requiring them to identify their planned installations as part of the master permit because if the master permit is limited to the locations that they identify in their plan, they can ask to place the facilities outside their plan. That would mean another master permit would come before Council and the permit would not really "master" in that sense, but serial permits like this coming to Council from serial providers. That is something Council could do if wanted to consider master permits repeatedly, but Lighthouse did not believe that was the best use of Council time and it would not change anything. The terms would be the same and she did not see an advantage to the City. Councilmember Buckshnis provided an example, AT&T puts 35' poles by the beach and the ferry and then Verizon puts poles 100 or 150' apart and then another provider puts poles by the ferry and waterfront every 150'. She said it seems like the City has no control over the placement prior to installation so when there are multiple providers, can there be an understanding of the location and whether they can comingled. She referred to the water views, expressing concern with the waterfront filling up with poles. Ms. Tinker said ECDC 20.50, passed by Council in April 2019, governs the aesthetic regulations of these devices. The master permit is subject to all the terms and conditions in the permit as well as the conditions in ECDC 20.50 and 18.60 as now exists or may hereafter be amended. Just because a provider has a master permit does not mean they get to simply place whatever facility they want wherever or whenever they want; they still need to apply for a site specific permit otherwise known as a wireless facilities permit or right-of-way construction permit. When they make that application, staff processes it and applies the location preference hierarchy and aesthetic requirements of ECDC 20.50. Edmonds City Council Approved Minutes June 15, 2021 Page 14 Mr. Taraday added as part of the master permit application process, the provider submits a map to provide a rough idea where they intend to place their facilities in the first two years. He asked if Councilmember Buckshnis' question was whether they could be limited to only those areas. Councilmember Buckshnis said there is one provider now, AT&T, but the door will be open. There is a map provided on packet page 222 of the planned locations for their small cell units. It seems as if the City has no control over having multiple providers putting their poles in the same place because there is no comingling. Her question was related to inventory and placement and whether there could be commingling of different providers' small cell facilities. She pointed out 35' poles, which are much higher than telephone poles, will be noticeable and asked what the Council could do in this agreement to prevent that. Ms. Tinker answered the City cannot effectively prohibit them from providing their telecommunication services as the U.S. Congress has made clear in the Telecommunications Act of 1996. That has been interpreted to mean the City cannot prevent them from densifying a network or improving their services. The City can regulate the aesthetics which ECDC 20.50 does. Council could amend ECDC 20.50 and the provider would have to comply with those amendments because the master permit authorizes and agrees the City can make those amendments. Councilmember Buckshnis said Lighthouse was still not getting her concern regarding comingling. Mr. Taraday said with regard to collocating, theoretically things could be done in the aesthetic regulations to encourage collocating of multiple antennas for multiple providers in the same spot, but most likely that would require an increase in the heigh limit of the pole so there was a tradeoff. This is all outside the master permit, something the Council will have to address via an amendment to the aesthetic regulations in ECDC 20.50 which can be done at a later date if the Council chooses to take that up. Increasing the allowed height of poles may indirectly encourage some collocating within the same pole. However, as Ms. Tinker stated, that cannot be required because it could be argued that the requirement is tantamount to an effective prohibition if they want to put it somewhere else. Council President Paine commented this is an amazing body of work and she offered her thanks to the legal and staff team. With regard to liquidated damages, limited to $500 a day per violation, she asked if that was limited by federal rule or was that developed as part of the agreement. Ms. Tinker answered that was part of the agreement; the purpose of liquidated datnages was to provide a reasonable approximation of anticipated economic harm that may occur if there were a breach. In Section 25, the City is not limited to liquidated damages, it can elect to use that but the courts have recognized if the contract so states, there can be a choice of the type of damages pursued so the City could also pursue actual damages, monetary damages as well as equitable damages such as specific performance. To ensure this was clear to everyone who has been watching this very closely, Council President Paine pointed out this master permit will be the template for other carriers coming into the City to avoid inequity in how others in the industry are treated. AT&T is the first; other providers will have essentially the same agreement. Ms. Tinker and Mr. Taraday agreed. Mr. Taraday said that was why so much time was spent working with AT&T on this agreement; because it was the first one, it essentially becomes the template for others to follow so they wanted to ensure it was very carefully negotiated. As Ms. Tinker stated, within the limits of the law which are severe, they believe they have negotiated a very good agreement for the City under the circumstances provided by the federal government. Council President Paine agreed that this was a very good agreement given the limited latitude the City has. If the Council wants to look at ECDC 20.50 again, that is a separate discussion. She thanked the team for the amazing amount of work they have done. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, THAT THE CITY COUNCIL REVIEW THE AESTHETIC REQUIREMENTS FOR SMALL CELL FACILITIES AT A FUTURE DATE. Councilmember K. Johnson said the Council and the public have a lot of concerns about the aesthetic requirements, an area where the Council does have some control. She felt it would be very useful for the Council to look at issues such as colocation, minimum spacing and potential undergrounding. Discussing Edmonds City Council Approved Minutes June 15, 2021 Page 15 the master permit has elevated those issues and it would be worth the Council's time to discuss them separate from the master permit. Council President Paine referred to Council reconsidering ECDC 20.50, relaying her understanding from 2019 when she was in the audience that all cities across the country had a very specific time period to develop a hierarchy of aesthetic standards. She asked if the Council had the ability to make changes to the aesthetic requirements at this point in time considering the FCC's deadline in 2019 to develop those requirements. Mr. Taraday answered that was a good question and lie was glad she raised it. It might ultimately depend on what changes were made. For example, there is currently a 25' height limit on free- standing poles. If the change allowed the industry to place a higher pole, something that could be viewed as an industry -friendly change, and he did not think there would be an issue even though the change was made after the deadline. With respect to other changes, the City would need to research the effect of the FCC deadline on subsequent amendments. He agreed there was a deadline imposed in 2019 to adopt the aesthetic regulations; the City met that deadline at the time. A lot of thought went into those regulations as it was believed it might be the last opportunity, but this is a new Council and a majority of Councilmembers were not on the Council when those aesthetic regulations were adopted. He did not want to commit to how much the aesthetic regulations could be changed, but he doubted there would be pushback from the industry for something like increasing pole height. He offered to take this under advisement and report back to the Council. Council President Paine commented the hierarchy is creative, remarkable and benefits the City. She would not object to discussing ECDC 20.50 sometime in the near future due to the unanticipated effects of having this come together in real time. It was fairly theoretical in 2019 and two years later may be a good time to have that discussion. She was interested in what the City would be giving up or exchanging in having a full discussion of ECDC 20.50. Councilmember Olson was in favor of reconsidering the aesthetic requirements in ECDC 20.50. She was also in the audience when those were discussed in 2019 and paid a lot of attention due to her concern about the aesthetics. The City Council in 2019 did a great job with the information available. She felt more was known now than was known then, there were different questions and things to look at so there would be value in revisiting it. She summarized there was a lot at stake in terms of visual pollution. Councilmember L. Johnson also supported revisiting the issue of aesthetics as she was not on Council when those were adopted. She asked if that would be done separately from the vote on the master permit. Ms. Tinker answered yes. With regard to the vote on the master permit, Councilmember L. Johnson said the Council is backed into a corner on this. Mayor Nelson requested she speak to the motion regarding the review of aesthetic requirements in ECDC 20.50. COUNCILMEMBER BUCKSHNIS CALLED THE QUESTION. VOTE TO CALL THE QUESTION CARRIED UNANIMOUSLY. MOTION CARRIED UNANIMOUSLY. Councilmember L. Johnson said she felt the Council was backed into a corner on this item. She can protest with a no vote or by abstaining, but the City was at risk of a lawsuit and risks not having financial protections. She can vote yes, but that still has the appearance of support. She felt duress, which is defined as compulsion by threat or force, constraints or other actions brought to bear on someone to do something against their will or better judgment. While she appreciated the work that has been done, her comments are not directed toward any of the work done by staff, fellow Councilmember or citizens. The Council is stuck, she feels duress making this decision, and it stinks. Edmonds City Council Approved Minutes June 15, 2021 Page 16 Councilmember Olson said she took a little bit of comfort in the fact that the term of master permit was five years. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO ACCEPT AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, GRANTING TO NEW CINGULAR WIRELESS PCS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, A NON-EXCLUSIVE MASTER PERMIT AGREEMENT TO INSTALL, OPERATE, AND MAINTAIN SMALL WIRELESS TELECOMMUNICATIONS FACILITIES WITHIN THE PUBLIC RIGHT-OF-WAY OF THE CITY OF EDMONDS, WASHINGTON, PRESCRIBING CERTAIN RIGHTS, DUTIES, TERMS, AND CONDITIONS WITH RESPECT THERETO, ESTABLISHING AN EFFECTIVE DATE. Mr. Taraday asked for clarification that Council President Paine was moving the version of the ordinance emailed at 8:04 a.m. today. Council President Paine agreed that was her motion. Councilmember Buckshnis said she received a lot of information today regarding aesthetics and pole placement. She asked whether 100-150' pole spacing could be addressed in ECDC 20.50. Mr. Taraday answered to the extent the City was legally allowed by federal law to address it, site specific consideration would be addressed in ECDC 20.50. He did not want to pretend that the Council could do anything they wanted in ECDC 20.50 because ultimately the City cannot take action that effectively prohibits the deployment of small cell. In comparing the City of Edmonds' aesthetic regulations to other cities', he was proud of the work that was done in 2019. He was not suggesting 20.50 should not be revisited, acknowledging there was a different City Council now, but the aesthetic regulations are reasonable yet still robust and really good as far as federal law allows the City to regulate. When the Council takes up 20.50 again, questions about what can be regulated can be explored in more detail. Councilmember Buckshnis said she wanted to go on record that she has a wealth of information. She appreciated AT&T providing information regarding RF. She asked if there was a way limit to just 3G and 4G and leave 5G out of picture at this time. Mr. Taraday answered no. Ms. Tinker explained state law 35.99 states cities cannot impose requirements that regulate the services or business operations of the provider and cannot regulate based on the kind of signals that are carried or capable of being carried over the facilities. Federal law does not allow regulating on the basis of RF emissions; under 47 United States Code Section 332, no state or local government may regulate the facilities on the basis of radio frequency emissions to the extent they comply with the FCC standards. She summarized if the reason for not wanting 5G was due to RF, then the answer to Councilmember Buckshnis' question was no. The City also cannot prevent them from improving their services or densifying a network, etc. Councilmember Buckshnis said all her questions have been answered, noting a lot of citizens have contacted her. She will vote yes because of the fact she has to, but she was concerned from the RF standpoint and everything she has read. She is old enough to have been around when the Surgeon General did not warn people about cigarettes. She wanted to keep a close eye and work diligently on 20.50. She thanked Ms. Tinker for doing a good job with all the information she bombarded her with. Councilmember Olson said she also found comfort, and the public may find comfort as well, that Section 28 of the master permit states the permittee agrees to comply with all present and future federal, state and local laws, ordinances, rules and regulations. Which means if there was an actualization of the concerns, there was an opportunity for laws to be put in place that would prevent continued service that was harmful. She appreciated the work the legal team put into the master permit, commenting the City was probably as protected as it could be given the circumstances. Edmonds City Council Approved Minutes June 15, 2021 Page 17 UPON ROLL CALL, MOTION CARRIED (6-1), COUNCILMEMBERS K. JOHNSON, DISTELHORST, BUCKSHNIS, OLSON, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; AND COUNCILMEMBER FRALEY-MONILLAS VOTING NO. 2. RESOLUTION ADOPTING A REVISION TO THE SMALL WIRELESS RIGHT OF WAY CONSTRUCTION PERMIT FEE City Attorney Jeff Taraday said this is a companion to the master permit. One of things they realized in the course of reviewing a site specific permit application, an application that the City ultimately denied, is that it took quite a bit longer for City staff and the legal team to review and analyze the application, interact with the applicant, much longer than the amount the City collects for the permit fee for that type of application. The City does not want to be in position of a subsidizing of permit review costs and is not allowed to use permit fees as revenue generating source. The proposed change to the permit fee schedule converts small wireless permit reviews to a small flat fee plus an hourly basis after the first three hours. The net effect is the applicant will pay for however long it takes to review an application; for example, if it takes five hours to review an application, the applicant will pay for five hours of review time. It incentivizes the applicant to do a good job with their application and ensures the City is not subsidizing the wireless industry by using taxpayer dollars to review their application. That is the reason for the proposed change to the fee schedule. Councilmember Distelhorst recalled this was presented to Council committee last week. It was his understanding this new rate was somewhat of an interim. He asked how many permits staff expected to review to reach a final fixed fee. Public Works Director Phil Williams said he did not know. This was the first application to be reviewed. It was an agonizing decision at the end, but based on where the discussions were, getting information from the applicant and the shot clock running out, the application was denied and the applicant was encouraged to reapply. He agreed there was no way $500 would cover the cost of that first review. Once several have been reviewed, maybe ten, staff and the applicants will have a better idea of how it works, applicants will produce better applications when they know what information staff needs to make a decision, and the review process will continually go smoother. He concluded it would be difficult to estimate how many applications there would eventually be. Councilmember Distelhorst clarified his question was not how many applications there would be, but how many would need to be reviewed before a final fixed fee could be determined. Mr. Williams suggested maybe ten with the three different companies who are likely to submit permit applications. Council President Paine thanked Mr. Taraday and Mr. Williams for putting this together, noting this is one of the things the City can control, recovery of the actual costs to review applications for small cell facilities in the rights -of -way. She expressed support for the resolution. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO PASS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING A REVISED FEE SCHEDULE FOR THE CITY'S DEVELOPMENT -RELATED FEES AND CHARGES FOR SERVICES. Councilmember K. Johnson said this helps recoup actual fees for small cell facilities. The resolution is intended to replace Resolution 1442 that was established on December 10, 2019 which adopted a fee schedule. She summarized the purpose of this resolution was to revise the fee schedule for small cell review. Councilmember Buckshnis asked how three hours was determined versus two hours or one hour. Mr. Taraday said staffs hourly billing rate is $110. The original fee was $330 which assumed it would only take three 3 hours to review an application. With these types of applications, that is not realistic. The 3 hours was determined by dividing $330 by $110. Edmonds City Council Approved Minutes June 15, 2021 Page 18 Councilmember Buckshnis observed these applications are for deployment of the small cells in the right- of-way. Mr. Williams agreed. He explained there were two options, the FCC determined a reasonable fee would be $270; the other option is to establish what the review costs and seek to be reimbursed. Mr. Taraday said the $270 is the fee a pole owner can charge. The presumptively reasonable fee the FCC determined is $500, but there is no way that would cover the cost of review given the amount of time this first one took. This was not just a learning curve, the City's regulations require that steps be evaluated in sequence and because of the way the City's aesthetic regulations are set up, it will take less time to review an application for one of higher ranked aesthetic preferences because staff will not have to go through the process of determining the higher ranked preferences are not possible. Over time it is likely that an application for location preference 2 can be reviewed much more quickly than an application for location preference 4 because of the additional steps an applicant has to demonstrate were not possible for location preference 4. Due to the hierarchy, it may take a while before the City ends up with a fixed fee; it may be that there is one fixed fee for location preference 1 and 2 and a different fee for location preferences 3 and 4. For now, the City will look at actual costs and let the actual cost data drive the fee. Councilmember Buckshnis asked if it was correct that these could not be collocated on PUD poles. Mr. Taraday answered that was not correct; location preferences 3 and 4 contemplate location on PUD poles. MOTION CARRIED UNANIMOUSLY. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER OLSON, TO EXTEND TO 10:25 P.M. UPON ROLL CALL MOTION FAILED (4-3) FOR LACK OF A SUPER MAJORITY, COUNCILMEMBERS DISTELHORST, OLSON AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; COUNCILMEMBERS K. JOHNSON, FRALEY-MONILLAS AND BUCKSHNIS VOTING NO. COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO EXTEND UNTIL 10:15 P.M. MOTION CARRIED (6-1), COUNCILMEMBER K. JOHNSON ABSTAINING. Mayor Nelson declared a brief recess. 10. NEW BUSINESS UPDATE TO CITY COMPENSATION POLICY HR Director Jessica Neill Hoyson explained tonight's presentation was an intended as overview; it is also scheduled on next week's agenda for further discussion. She will provide information regarding comparators tonight as that is an area that will require more discussion. As there was some confusion by residents that this was related to the Salary Commission, she clarified this was a separate policy related to City personnel and was not related to elected officials. Ms. Neill Hoyson explained the City's compensation policy has not been updated since 2012. She reviewed: • Current process for comparator selection and why change is proposed o The current process for the selection of comparator cities takes into account only population and geographic location. o Why is that an issue? o A perfect world would have one uniform process for developing comparable employers for compensation analysis. There is no such uniform approach! o However, over time certain criteria have been used more than others. Edmonds City Council Approved Minutes June 15, 2021 Page 19 o The most common situation for use of comparables in Washington is bargaining for law enforcement and fire personnel. It is required by Washington state law that comparators are used as one factor in bargaining. o Why is that important and why does that impact the comparator selection process for other City positions? o It is favorable for an employer to have consistency in selection of comparables throughout the organization. This leads to compensation decisions that are defensible should they be challenged by Unions to the PERC. What is the PERC Supported Process for Comparator Selection? o You must first start from the statutory guidance to use "like employers of similar size on the West coast of the United States." RCW 41.56.465(2) o While this definition is far from clear cut, over the years arbitrators have developed certain criteria to apply to this statutory definition o The two most common criteria are population served and assessed valuation o In order to satisfy the "similar size" component of the statutory definition you must begin with population, recognized by arbitrators as "the most commonly referenced criteria" City of SeaTac, at 7-8 (Krebs, 2002) o In fact, "the vast majority of interest arbitrators in the Northwest over the last 20 years have taken population as the first factor to be considered in determining comparables." City of Mukilteo, at 4 (Lankford, 2002) o Most arbitrators use a band -with of 50% up and down, with 100% as the usual upper limit ■ This means that for cities whose population is 100,000, possible comparables' population should be no smaller than 50,000 and no larger than 150,000 (using the 50% upper limit) or 200,000 (using the 100% upper limit) o The 50% up-and-down methodology has been adopted by many arbitrators as an appropriate band -width to determine "similar size" See, e.g., City of Redmond, at 3 (Wilkinson, 2004); City of Vancouver, at 3 (Beck, 1998) o Arbitrators also routinely limit the upper limit to 100% greater than the employer Yakima County, (Gangle 2004) o In order to satisfy the "like" employer requirement, the most common criteria used is assessed valuation. ■ As stated by Arbitrator Wilkinson, "there are so many arbitration awards that have considered only population and assessed valuation as a measure of size that no citation is needed." City of Camas, at 13 (Wilkinson, 2003) o The same band -width process used for establishing the population range is then used to establish the assessed valuation range. o It should be noted that while assessed valuation does not reflect the retail sales capacity of a jurisdiction, and in turn the sales tax derived from such sales, assessed valuation is still the most common criteria for determining "like" employers o Additionally, using the calculation of assessed valuation per capita has been used as an acceptable factor to determine "like" employers in cases where the comparable list needed to be pared down to a manageable number. o Lastly, geographic proximity is another component of the "like" employer requirement. ■ "It is quite clear that Washington interest arbitrators have commonly preferred geographically proximate comparators when such are available." City of Longview, at 4 (Lankford, 2008) o Geographic proximity does not take the place of population and assessed valuation. For example, the fact that Medina shares a border with Bellevue does not make Bellevue a Medina comparable, given the significant disparity in size. ■ Who area Edmonds comparables? Edmonds City Council Approved Minutes June 15, 2021 Page 20 o Using the current methodology in policy which is 10,000 above and below the population of Edmonds and located in the Counties of Snohomish, King, Pierce, and Thurston you get the following comparables:. city County Po ulation Burien Kiny, 52,300 Bothell King/Snohomish 48,400 Puyallup Pier 42,700 Edmonds Snohomish 42,470 Lynnwood Snohomish 40,690 Issaquah King 38,690 Lake Stevens Snohomish 34,150 University Place Pierce 33,310 Des Moines King 32,260 o Using the PERC supported methodology of population, assessed valuation, assessed valuation per capita, (with a 50% up-and-down band -width) and establishing the geographic labor market as Snohomish, King, Pierce and Thurston Counties, You get the following comparables. city County Population Assessed Value Per Ca iita Issaquah Khng 38,690 11, 966, 058, 762 309,280 Edmonds Snohomish 42,470 11,0.11,22144.0 259,271 Bothell King/Snohomish 48,400 12, 354, 415, 516 255,257 Mukilteo Snohomish 21,360 5,444 416,654 254,888 SeaTac Kina 29,180 6,965,017,090 238,691 Shoreline King 56,980 11,637,183,574 204,233 Lynnwood Snohomish 40,690 7, 503, 860, 299 184,415 Puyallup Pierce 42,700 6, 928, 321, 607 162,256 Burien King 52,300 7, 794, 662, 044 149,038 Olympia Thurston 54,150 7,741,414,390 142,962 Lacey Thurston 52,910 7,268 934,236 137,383 *Cities in italics are the same as the comparables under the current process in policy Leading, Meeting, or Lagging the Market o Once you have established your market you must then determine if you will take a leading, meeting, or lagging compensation position. o Edmonds has established a 50th percentile or median of comparators and has therefor established a compensation position of meeting the market. o There is no change proposed to the overall philosophy on market position but the updated policy does recognize that there may be certain situations which require a different market approach. Recruiting the desired level of talent in certain jobs is a sustained problem and results in negative impacts to the City and the citizens we serve; ■ Retention problems including succession and turnover; R City priorities; ■ Internal anomalies in alignment, disparities, or inconsistencies; r Significant changes in the economy or marketplace; Limitations on available financial resources Ms. Neill Hoyson advised she will send her PowerPoint presentation to Council and she encouraged Councilmembers to contact her with questions. 2. ADDING JUNETEENTH AS A PAID CITY EMPLOYEE HOLIDAY Edmonds City Council Approved Minutes June 15, 2021 Page 21 HR Director Jessica Neill Hoyson advised the proposed ordinance would add Juneteenth as paid holiday for City employees. She read the introduction to the ordinance. WHEREAS, on May 13, 2021, Governor Jay Inslee signed Substitute House Bill 1016, making June 19th (known as Juneteenth, Emancipation Day, and Freedom Day) a paid day off for state employees starting in 2022; and WHEREAS, the City Council agrees that June 19th, which has been celebrated across the nation as Juneteenth to mark the emancipation of those who had been enslaved in the United States, should be acknowledged and celebrated by all Washingtonians; and WHEREAS, it is the City Council's intent to designate Juneteenth as a City holiday, starting in 2022, to celebrate the end of chattel slavery; and WHEREAS, the City Council wishes to encourage City employees to use June 19th as a day to engage in fellowship with Black/African Americans; revisit our solidarity and commitment to antiracism; educate ourselves about slave history; and continue having conversations that uplift every Edmonds citizen; COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, TO APPROVE ORDINANCE NO. 4225, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 2.35 ECC (VACATION AND SICK LEAVE) TO ADD JUNE 19TH (JUNETEENTH) AS A CITY HOLIDAY; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE Councilmember Olson said she did a lot of research on this and there were a lot of great conversations among Councilmembers. She supports this but wanted the public to know that adding another paid holiday was not something that was done without consideration and thought. Most public entities are going to 12 paid holidays. She suggested at some point the Diversity Commission may want to consider the holidays that the City offers. She supported Councilmember K. Johnson's suggestion to support diversity by offering floating holidays which many other cities do but Edmonds does not. She was in favor of the ordinance, thanked staff for bringing it forward and looked forward to celebrating on Saturday. Councilmember Distelhorst recalled the City code included two floating unpaid holidays for City staff, possibly in the chapter following this chapter. Ms. Neill Hoyson answered no, that may be for certain employee groups such as directors but she would need to check. Councilmember Fraley-Monillas said this is supported by the Governor as well as Snohomish County. This is a good way to honor citizens of Edmonds whose family members have historically gone through this level of independence in this country. She was proud Edmonds was moving forward with this and will be in line with Washington State and Snohomish County. She assumed this would be a holiday throughout the state, recalling Columbus Day is no longer a state holiday, but is a federal holiday. The City changed Columbus Day to Indigenous Peoples Day. She agreed with Councilmember Olson's suggestion for the Diversity Committee to look at the City's paid holidays. Councilmember Buckshnis expressed support for the addition of Juneteenth as a paid City employee holiday, but felt the process was flawed as it should have gone through not only the Diversity Commission but also the Public Safety, Personnel and Planning (PSPP) Committee. While she was in total support, the process could have been better with more input. She referred to the thoughtful email from Councilmember K. Johnson that referenced a lot of other holidays that could be observed with floating holidays. She agreed with the suggestion to look at the City's paid holidays in totality and possibly add a floating holiday. Councilmember Fraley-Monillas asked Mayor Nelson for his thoughts. Mayor Nelson said he would defer until all Councilmembers have spoken. Edmonds City Council Approved Minutes June 15, 2021 Page 22 Councilmember K. Johnson referred to the memo she sent to Ms. Neill Hoyson yesterday to which she did not receive a response. In the memo she said she did not understand why the proposed change to the City's policy did not go to the PSPP Committee last week. The purpose of Council committees is to discuss proposed agenda items and the committee determines whether items go on Consent or the regular agenda. Items recommended for the full agenda should be for discussion with a decision at a later Council meeting to provide three touches for Council and the public. Instead this was submitted as a New Business item for action which was a total surprise to her. The Council is not supposed to operate with surprises or take action before an agenda item is vetted through a discussion. She did not understand the hurry because the proposal will not take effect until 2022. This year June 19t" is on Saturday and next year it will be Sunday and she questioned how that would be addressed. Councilmember K. Johnson was also interested in the cost associated with adding a citywide holiday and suggested it may have been better to consider this with the 2022 budget due to the costs associated with the proposal that will not take effect until 2022. Overall she did not like this rush to judgment as it felt like it was copying the Governor's action for political gain. She clarified she felt Juneteenth was a significant time of reflection for the country especially this year and in no way did she diminish the importance of this time for reflection and healing of historic injustice. Her issue was with the process and the rush to judgment. She suggested the City consider a floater holiday that could be used to observe Juneteenth, Kwanzaa, Historic Heritage Month, Lunar New Year, LGBTQ+ Celebration, International Women's Day, Hanukkah, Passover, Rosh Hashanah, Yom Kippur, Persian New Year, or Ramadan or others. She summarized it would be good to have a floater holiday that employees could use for their personal and religious needs. Councilmember L. Johnson expressed appreciation for the ordinance and tonight's proclamation recognizing June 19t" as Juneteenth Independence Day in the City of Edmonds. July 4' is a paid holiday, the celebration of the 1776 Declaration of Independence, of freedom from British rule, a version of freedom that did not include everyone. It wasn't until June 19, 1865 that slavery was abolished in the last remaining state. She recalled a mention last week of folding the Juneteenth celebration into the July 4"' celebration. To anyone considering that suggestion, she urged them to study the historical significance of each date; in her own studies, she found the perspective of Reverend Ronald Miner, Senior, founder of the National Juneteenth Foundation, helpful. He states, "For some, the 4"' of July tells only half the story of freedom in America and the 19"' of June completes the cycle of independence day celebrations in America. The 4"' of July freed the land from Britain and the 19"' of June freed all the people. So you can't really talk about freedom in America unless you talk about the 4"' of July and the 19"' of June." Four years ago Edmonds began to recognize Indigenous Peoples Day and though it was a small step, it was a step toward recognizing the true history of this land and undoing the whitewashing many of us were taught. With the recognition of Juneteenth, Edmonds takes another small step in the continued fight for true freedom and recognition of all who inhabit the land. If the City has July 4"' a paid holiday, June 19"' also needs to be paid holiday. Mayor Nelson said this ordinance is significant because of how slavery is tied to the country's history. It existed before the United States was a country, as far back as 1619. It existed when independence was declared in all 13 colonies. The most revered founding fathers, George Washington, Thomas Jefferson, James Madison, Benjamin Franklin, were slave owners. A majority of the signers of the Declaration of Independence and half the delegates to the Constitutional Convention were slave owners. Eight of the first twelve United States presidents were slave owners. Slavery is so common in this country's history that it had its own section in the United States Constitution, Article I Section 2, Clause 3, refers to give these other persons representation as three -fifths of a person. Slavery was the focal point of a civil war, the only time United States citizens have fought each other. People were enslaved in the land we have inhabited for 246 years. From emancipation in 1865 to today, it is past time to commemorate and celebrate the end of enslaving people in this country. For 156 years it has not been recognized, there has been thought about the process, and the merits of this as a potential holiday have been considered, and for 156 years it has not been acknowledged and it is time to do the right thing. He hoped the Council would join the Washington State Edmonds City Council Approved Minutes June 15, 2021 Page 23 Legislature, which is well known for being partisan, in their overwhelming bipartisan support. The Washington State Senate voted 47-1; the State House voted 89-9, the United States Senate unanimously passed a resolution today making Juneteenth a federal holiday and the House is moving expeditiously to consider it. He was hopeful the Council would take action so the City could recognize this as a City holiday to celebrate Freedom Day, Jubilee Day, Liberation Day, and Emancipation Day as Juneteenth. COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO EXTEND FOR ANOTHER 15 MINUTES TO 10:30 P.M. SO WE CAN FINISH UP COMMENTS. MOTION FAILED (3-4) FOR LACK OF A SUPER MAJORITY, COUNCILMEMBERS BUCKSHNIS, FRALEY-MONILLAS AND K. JOHNSON VOTING NO. UPON ROLL CALL, MOTION CARRIED (6-0-1), COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS, BUCKSHNIS, OLSON, L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; AND COUNCILMEMBER K. JOHNSON ABSTAINING. 11. COUNCIL COMMITTEE REPORTS COUNCIL COMMITTEE MINUTES 12. COUNCIL COMMENTS 13. MAYOR'S COMMENTS 14. ADJOURN With no further business, the Council meeting was adjourned at 10:15 p.m. Nl Cj liol & iFA k*,- �FnQ, MICHAEL NELSON, MAYOR SCOTT PASSEY, CITY CLERK Edmonds City Council Approved Minutes June 15, 2021 Page 24 Legislature, which is well known for being partisan, in their overwhelming bipartisan support. The Washington State Senate voted 47-1; the State House voted 89-9, the United States Senate unanimously passed a resolution today making Juneteenth a federal holiday and the House is moving expeditiously to consider it. He was hopeful the Council would take action so the City could recognize this as a City holiday to celebrate Freedom Day, Jubilee Day, Liberation Day, and Emancipation Day as Juneteenth. COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO EXTEND FOR ANOTHER 15 MINUTES TO 10:30 P.M. SO WE CAN FINISH UP COMMENTS. MOTION FAILED (3-4) FOR LACK OF A SUPER MAJORITY, COUNCILMEMBERS BUCKSHNIS, FRALEY-MONILLAS AND K. JOHNSON VOTING NO. UPON ROLL CALL, MOTION CARRIED (6-0-1), COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS, BUCKSHNIS, OLSON, L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; AND COUNCILMEMBER K. JOHNSON ABSTAINING. 11. COUNCIL COMMITTEE REPORTS Co COi1i NI ['n'L- E NIINUI'ES 12. COUNCIL COMMENTS 13. MAYOR'S COMMENTS 14. ADJOURN With no further business, the Council meeting was adjourned at 10:15 p.m. !►[ i GI.Co � �r i..tc 'Fob MI AEL NELSON, MAYOR SCOTT PASSEY, CITY CLERK Edmonds City Council Approved Minutes June 15, 2021 Page 24 Public Comment for 6/15/21 Council Meeting: From: Ken Reidy Sent: Tuesday, June 15, 2021 12:34 PM To: Public Comment (Council) <publiccomments@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Taraday, Jeff <jeff@lighthouselawgroup.com>; Nelson, Michael <Michael.Nelson@edmondswa.gov>; Council <Council@edmondswa.gov>; Judge, Maureen <Maureen.Judge@edmondswa.gov>; Neill Hoyson, Jessica <Jessica.NeillHoyson@edmondswa.gov> Subject: Public Comments for the June 15, 2021 City Council Meeting Per ECC 1.04.020: In the event the city council is unable to complete its agenda on any Tuesday, it may recess the meeting to the immediately following Wednesday at the same time and place as the commencement of the meeting for which the agenda was incomplete. Nothing herein shall be construed to prevent the city council from continuing any item before it in public meeting to a future regularly scheduled Tuesday meeting of the city council. [Ord. 1606 § 2, 1972]. ECC 1.04.040 does not say that the Mayor and City Council President can "confer" after City Council has approved the Agenda and decide on their own that an approved Agenda Item will be addressed at a Future Meeting. When and how did Mayor Nelson and Council President Susan Paine "confer" after the June 1, 2021 Agenda was approved near the start of the June 1, 2021 City Council meeting? Why did they decide to move "Resolution adopting Council Rules of Procedures" to a Future Meeting? Why should I even have to ask these questions? Should not all business of the Governing Body be conducted openly? Was this type of conduct addressed in Open Public Meeting Act training for Elected Officials? I understand that Mayor Nelson is clearly part of the Governing Body as the presiding officer of the Governing Body, but can the City Council President and the Mayor decide to change the Agenda without City Council voting to approve such? This makes no sense to me. Why approve an Agenda if the Mayor and Council President can later "confer" and change the agenda without a City Council vote? Edmonds City Council Approved Minutes June 15, 2021 Page 25 As this act has taken place, what will be done about it? Yesterday, an extended Agenda was displayed on the City's website for the first time since May 28, 2021. The Extended Agenda, dated June 11, 2021, indicates this topic will be discussed during the July 20th Council Meeting. Why such a long delay? What exactly is going on? This was on the June 1st Agenda, an agenda approved by vote of the City Council. Edmonds likes to claim it welcomes all people. How is refusing to answer reasonable citizen questions "welcoming"? The last email response I received from an Edmonds Mayor was in March of 2012. I believe I have asked hundreds of reasonable questions over the last nine plus years. Do all elected officials welcome all people? Please be truthful. Edmonds also does not follow or enforce its Code of Ethics which states Elected Officials shall keep the community informed on municipal affairs and encourage communications between the citizens and all municipal officers. Emphasize friendly and courteous service to the public and each other; seek to improve the quality of public service, and confidence of citizens. From: Michael Landau Sent: Tuesday, June 15, 2021 8:35 AM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Edmonds Salary Commission Hello, Please do not disband the Edmonds Salary Commission. This will only exacerbate the lack of trust that the public has with the current administration and Council. Thank you, Michael Landau From: ACE President Sent: Sunday, June 13, 2021 4:58 PM To: Paine, Susan <Susan.Paine@edmondswa.gov> Cc: Passey, Scott <Scott.Passey@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov>; Teresa Wippel <teresa@myedmondsnews.com>; Edmonds Beacon Editor <edmondseditoryourbeacon@gmail.com> Subject: Lack of public posting of Council Extended Agendas for 2 weeks Edmonds City Council Approved Minutes June 15, 2021 Page 26 Good afternoon Edmonds City Council president Paine, It has come to our attention that this is now the second consecutive week a City Council Extended Agenda has not been posted on the city website. The last one available to the public and Edmonds residents was posted on Friday, May 28, 2021. Having the public informed in a timely manner as to upcoming critical presentations, public hearings, discussions, and actions is essential for people to be properly represented and engaged with their city. Otherwise, how can they be prepared and attend meetings with zero information received the past two weeks? On page 224 of your June 1, 2021 Council Packet, it states as part of your desired Council Rules of Procedures: "3.5 Ordinances scheduled for Council action will generally receive three readings (with the exception of items that have had a public hearing before the Planning Board). A. The first reading will be the scheduling of the item on the Council Extended Agenda by title or subject. If reasonably possible the item should be listed on the Extended Agenda at least two weeks prior to the second reading. The Council President may authorize exceptions for items of an emergency or unexpected nature requiring immediate action. The applicable portion of the Council Extended Agenda will be appended to the meeting agenda and distributed and posted along with the agenda. B. The second reading will be scheduled for review and discussion by the full City Council or a Council Committee. Items of a minor or routine nature may bypass this meeting and be scheduled directly to a Consent Agenda. In such cases Council shall by motion, waive the second reading as part of the adopting motion. C. The third reading will be Council review and action at a subsequent meeting." Is there any explanation for this consistent lack of notice? Please advise and be clear as to the reasons. Is this a mistake? A change in process? Because of the change, oversight, or whatever the reasons, we ask that all future scheduled agenda items related to this change will be delayed at a minimum three weeks from when the next extended agenda is publicly posted so Edmonds residents can properly catch-up and participate in the government process that is everyone's democratic right. I understand there is also a future special council meeting regarding housing policy on June 24, 2021 that was made known only to select citizen recipients last week but has not been publicly announced; not visible on the current city calendar or on an extended agenda (as none posted) so now we have insufficient notice for public engagement on intended housing policy discussions that you previously promised would be transparent. And occurring well before you agreed to return to in -person Council meetings which is also extremely disconcerting. Edmonds City Council Approved Minutes June 15, 2021 Page 27 What is happening with the promise of open local government that you as Council Chair are largely responsible for leading? Sincerely, Dr. Michelle Dotsch, on behalf of The Alliance of Citizens for Edmonds (ACE) From: Christina McDonald Sent: Friday, June 11, 2021 6:46 AM To: Public Comment (Council) <publiccomments@edmondswa.gov>; Council <Council@edmondswa.gov>; LaFave, Carolyn <Carolyn.LaFave@edmondswa.gov> Subject: In person City Council meetings Hello, I strongly support the return to in -person City Council meetings. With such a high number of citizens vaccinated, I feel these can be conducted safely. Giving the opportunity to participate via Zoom, if desired, would serve all. Thank you! Christina McDonald Edmonds resident 206-999-3044 Edmonds City Council Approved Minutes June 15, 2021 Page 28