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HomeMy WebLinkAboutCmd011921 Edmonds City Council Approved Minutes January 19, 2021 Page 1 EDMONDS CITY COUNCIL VIRTUAL ONLINE MEETING APPROVED MINUTES January 19, 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 STAFF PRESENT Jessica Neill Hoyson, HR Director Frances Chapin, Arts & Culture Program Mgr. Jeff Taraday, City Attorney Scott Passey, City Clerk Dave Rohde, GIS Analyst 1. CALL TO ORDER/FLAG SALUTE The Edmonds City Council virtual online meeting was called to order at 7:00 p.m. by Mayor Nelson. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Distelhorst read the City Council Land Acknowledgement Statement: “We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water.” 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present, participating remotely. (Councilmember L. Johnson was experiencing technical difficulties and joined and left the meeting several times in the first five minutes.) 4. INTERVIEW FOR BOARD/COMMISSION APPOINTMENT 1. ARTS COMMISSION CANDIDATE INTERVIEW Arts & Culture Program Manager Frances Chapin explained the Art Commission has a vacancy for a general position which does not require a professional background in the arts. Of the seven Arts Commission members, four have professional arts backgrounds. A general position is an opportunity to engage someone who brings a different perspective to the commission. There were three applicants and the commission recommended Richard Chung to the Mayor. Mr. Chung is a new resident to Edmonds, an engineer, and entrepreneur with a passion for the arts. Edmonds City Council Approved Minutes January 19, 2021 Page 2 Council President Paine welcomed Mr. Chung and the Council interviewed him (candidate’s answers are in italics): • (Councilmember Olson) I enjoyed reading your resume and learning about all your interesting experiences including being an EMT/Firefighter. You will bring a rich and wonderful experience, having served in a similar role in Kirkland. Welcome to the Arts Commission. I seek out different roles and feel you can learn different things from different positions you put yourself into, hopefully culminating in an opportunity to serve Edmonds. • (Council President Paine) From your application, it looks like you have been a contributor in your prior city of residence. What opportunities would you like to see explored in the Edmonds arts scene? Edmonds is well known for being an arts city and was the first Creative Art District in the state, actually beating out Kirkland, and there is a lot of dynamism in Edmonds. I agree Edmonds is more well known for the arts. Traditionally it has been about public art and entertainment and artistic venues. This last year with people staying at home, there is much more opportunity to use technology and bring the arts to their front door so people do not have to leave their home but can still participate and get some of the value that the City puts a lot of effort into. I’m interested in how technology can bring art to you so you don’t have to go out. Last week I explored 4th Avenue downtown where there is a temporary light installation. It made me think about how dark it is in winter and how to get that feeling to people directly and put a smile on their face. I can imagine making that interactive where people could control it using technology from their home. There are a lot of interesting opportunities to lead the way in what art is and how people interact and get benefit from it. • (Councilmember Fraley-Monillas) I noticed you recently moved to Edmonds in December. What made you want to join a commission so quickly? I find it is the best way to meet people. I’ve met some neighbors walking the dog, but this is a great way to get to know other people in the area and learn how different people and localities think. I like to ingrain myself into an area and get to know people. What neighborhood do you live in? The southeastern tip of Ballinger. • (Councilmember Buckshnis) Your resume is wonderful and I find people in the software realm very innovative. You answered one of my question, a lot has been learned this year about the need to bring technology to our front door. For example New Years at the Space Needle this year. How do you see yourself helping the Arts Commission in terms of utilizing your marketing and programming skills? It’s about ideas, don’t expect me to jump in and start coding and get everything done. It’s about bringing different points of view to the table and thinking about different possibilities and as a group having debates about what works and doesn’t work within the budget and figuring out the best way forward as well as connecting with the community and seeing what the public is interested in. • (Councilmember K. Johnson) I’m a big fan of the arts and consider myself an amateur artist. When I lived in Kirkland, I worked with clay at the Kirkland Arts Center for many years. When I moved to Edmonds, I discovered new outlets at Edmonds Community College and the Sculpture Workshop. It is wonderful to have someone with an engineering background. Can you help with installations and give advice about the ability of an art piece to sustain itself in weather or are you a software engineer? I am definitely a software person, I deal with the non-physical realm but am happy to help out where I can. Engineering is a way of thinking and problem solving. That’s important because we have been evaluating art for the Civic Field and wondering what art will be appropriate and whether it will last. After going through artist selection and finding a group of artists to pursue; the process has been postponed. I think you would be great at helping to evaluate that art. I have some experience on the Kirkland Parks Board with looking at art and playground equipment and its longevity. • (Councilmember Distelhorst) Is there a project or initiative you want to highlight for your experience in Kirkland on the Parks Board? An interesting project was Totem Lake, an area where development has historically failed. Redevelopment is occurring in that area and one of Edmonds City Council Approved Minutes January 19, 2021 Page 3 the biggest initiatives as apartments are being built has been to develop a park. I was the liaison between the Park Board and the Arts Commission to help select art funded by 1% for the Arts. The art will be installed later this year; a walkway with interesting metalwork that will showcase different structures within the park. Council President Paine advised confirmation of Mr. Chung’s appointment is on the Consent Agenda later on the agenda. 5. APPROVAL OF AGENDA COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO REMOVE THE EXECUTIVE SESSION FROM THE AGENDA. AMENDMENT CARRIED UNANIMOUSLY. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Mayor Nelson invited participants and described the procedures for audience comments. Mark Haroldson, Edmonds, expressed appreciation for Mayor Nelson’s video on the plan for hiring the new police chief and expanding on his thinking and what the process will be. Continuing forward in the process, he encouraged Mayor Nelson to be as transparent as possible, such as more video messages to share his vision. Good ideas become great ideas through the process of communicating. During the process, he wanted to ensure whoever was hired as the chief of police was in a position to succeed on day one, that was the most important aspect of the hiring process. As a leader, ensuring that person was in a position to win was 100% on Mayor Nelson’s shoulders. Regarding the code of conduct, he commended the Council on last week’s discussion. There was a lot of discussion about the language in the document being too specific and dictating how people work or do their job. He was disappointed that the most recent revisions to the document did not address that point. He was hopefully Councilmembers K. Johnson and Buckshnis would speak to that point further during tonight’s discussion. He referred to Councilmember Distelhorst’s statement that the document would be put on the first page of the welcome guide and suggested the citizens of Edmonds have an opportunity to prepare a couple paragraphs that outline their expectations of Councilmembers which could be used as an introduction to the code of ethics and the code of conduct. (Written comments submitted to PublicComment@Edmondswa.gov are attached.) 7. APPROVAL OF THE CONSENT AGENDA ITEMS COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL MEETING MINUTES OF JANUARY 12, 2020 2. APPROVAL OF CLAIM CHECKS 3. ARTS COMMISSION CANDIDATE APPOINTMENT Edmonds City Council Approved Minutes January 19, 2021 Page 4 4. NOVEMBER 2020 MONTHLY FINANCIAL REPORT 5. FRANCES ANDERSON CENTER TENANT BUILDING USE AGREEMENTS 6. WATERFRONT CENTER BUILDING USE AGREEMENT 7. INTERLOCAL AGREEMENT FOR JAIL SERVICES WITH SNOHOMISH COUNTY 8. COMPUTER DECOMMISSIONING AND SURPLUS 9. RENEWAL OF INTERLOCAL AGREEMENT WITH SNOHOMISH COUNTY DRUG TASK FORCE 8. UNFINISHED BUSINESS 1. EXTENSION OF ACTING DIRECTORSHIP AUTHORITY FOR ACTING CHIEF JIM LAWLESS HR Director Jessica Neill Hoyson explained this item is to extend the acting police chief assignment for Mr. Lawless; his current acting assignment expires on January 22nd. As recruitment for the position continues, the request is to extend his assignment in that capacity for an additional six months. If the position is filled prior to that, his acting assignment will expire. The agenda item includes a great deal of information about interpretation of language which was provided by City Attorney Jeff Taraday. Now that Acting Chief Lawless has been in this position for over a year, there is no language in policy that allows an increase in pay. Normally employees receive an annual step increase annual. He is in the Police Chief band because he is in the acting directorship. If the extension is approved, she recommended bringing forward an employment agreement that specifically addresses allowing a step increase for Acting Chief Lawless in this role. Councilmember Distelhorst expressed appreciation for Ms. Neill Hoyson’s focus on compensation and said he would definitely support it when it came to Council. He asked the potential timeframe for the search, recalling Ms. Neill Hoyson said six months. Ms. Neill Hoyson said the group that has been retained, IACP, estimates five months from when the process starts to a hire. IACP has been retained; however, their offices are a mile outside of Washington D.C. so few people are in the office this week. She anticipated the process would begin next week when everyone returns to their offices. Councilmember Buckshnis relayed her support for an increase for Acting Chief Lawless as he has been in the job for over a year. She asked if the 2020 carryforward budget was being used for this search or was a new search amount established. Mayor Nelson responded that was not an item on the agenda for discussion tonight; the item on the agenda is extending Acting Chief Lawless’ acting directorship. Councilmember Buckshnis said she will email staff her question. Councilmember Olson extended the community’s appreciation to Acting Chief Lawless for taking on the acting directorship. Council President Paine said she was glad this was being proposed. The Police Department continues to do a lot of work; she learned a lot about it during her pre-COVID ridealong on February 14, 2020. The Police Department does a lot of work and she appreciated Acting Chief Lawless’ diligence and his dedication to Edmonds and to the work that he does. She expressed support for an increase for Acting Chief Lawless. Edmonds City Council Approved Minutes January 19, 2021 Page 5 Councilmember L. Johnson expressed appreciation for Acting Chief Lawless’ willingness to continue in the acting position and serving the City. She looked forward to considering an increase for him next week. Councilmember Fraley-Monillas expressed appreciation for Acting Chief Lawless’ professionalism in his job; his statement last week showed how professional he is. She appreciated his professional behavior regarding this whole situation that has been kind of messy as well as him trying to calm down the community. She will support whatever is due him in pay. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE EXTENSION OF THE ACTING DIRECTORSHIP AUTHORITY FOR ACTING CHIEF LAWLESS. MOTION CARRIED UNANIMOUSLY. 2. REVIEW OF COUNCIL CODE OF CONDUCT Councilmember L. Johnson reported the three members of the subcommittee met last week. The red track changes reflect the universally agreed upon changes, however, for the other suggestions made by Councilmembers that were not universal, the subcommittee agreed it was most appropriate to have them addressed via amendments that could be debated by Council. Speaking for himself, Councilmember Distelhorst said it was difficult for the subcommittee to accept one comment over another, so the subcommittee included some of the more procedural changes in the document and agreed it would be more appropriate for the others to be discussed by the entire Council. Councilmember Olson said even the subcommittee did not feel 100% ready to bring back the document for a vote today and were surprised to see it on this week’s agenda. She clarified the subcommittee was not forcing a vote, this may not be the last time it is on the agenda and the subcommittee looked forward to a good discussion tonight. Council President Paine pointed out there was time on tonight’s agenda to iron out things in this code of conduct and she suggested the Council make progress on the document tonight. Councilmember Fraley-Monillas said this is the fifth time that various iterations of this have been on the agenda. Since it was only 7:30 p.m., she hoped the Council could get through this tonight and have a week to think about it. The quicker the Council moves forward with this the better it will be for everybody. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER OLSON, UNDER SECTION 6.1.D, TO APPROVE THE STRIKING OF “FAIR AND IMPARTIAL” AND USE THE AMENDMENT “RESPECTFUL” AS PROPOSED BY THE SUBCOMMITTEE. Councilmember Fraley-Monillas said this was a reasonable change as it is difficult to determine what is considered “fair and impartial” and everyone understands what “respectful in listening” means. She encouraged Councilmembers to support this amendment. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO REMOVE IN 6.2.A “AND TONES.” Edmonds City Council Approved Minutes January 19, 2021 Page 6 Councilmember Buckshnis recalled last year a Councilmember criticized another Councilmember for her tone. Tone is quite subjective; her family is Lithuanian and are very loud and people sometimes think they are yelling when they are not. She preferred 6.2.A read, “Using respectful language.” Robert’s Rules does not refer to tones. Councilmember Fraley-Monillas asked why the subcommittee did not remove “tones” from the document as Councilmember Buckshnis had brought it up previously. Councilmember L. Johnson said she heard what was being said about tone; her voice is softer so her tone is softer, but the intent was to not use angry tones. Councilmember Olson raised a point of clarification, whether Councilmember Buckshnis’ amendment was to strike 6.2.A entirely. Mayor Nelson said his understanding was to remove “and tones.” Councilmember Olson was glad the Council was having this conversations. As it states later in the code of conduct, the intent is a document that everyone can support and represents the spirt of what the Council is trying to do and be. The subcommittee left “tones” in because it was not a universal decision and it is included in Robert’s Rules. If it went beyond self-policing, it would be to an extraordinary level where everyone would have a meeting of minds that it had occurred. If people prefer to omit it, it is important for Council to embrace the document and not feel like it is a witch hunt, but a living document the Council is excited to support. Council President Paine said she liked the idea of self-policing but it needs to be taken out of the personal; loud is okay, but not an aggressive or angry tone or unrespectful language. The code of conduct is intended for future Councils as well as the current Council. She preferred to retain “and tone” and add “angry, aggressive” as tone qualifiers. Councilmember Fraley-Monillas recalled Councilmember Olson indicated “tones” was addressed in Robert Rules. Councilmember Olson disagreed. Councilmember Buckshnis raised a point of order, stating she stated it was not in Robert’s Rules and Councilmember Olson said it was. Councilmember Olson she had previously been told it was in Robert’s Rules. Councilmember Fraley-Monillas suggested the subcommittee develop a better definition for “tones,” agreeing tones was subjective. Tones differ by individual, backgrounds, history, etc. She asked Councilmember Distelhorst why the subcommittee did not remove “tones” from the document. Councilmember Distelhorst did not recall the Council spent much time discussing tones. “Respectful” is a qualifier for “tones” so it was consistent with respectful behavior and respectful decorum. As Councilmembers as essentially coworkers, they should follow that appropriate workplace behavior. Councilmember K. Johnson expressed support for the motion, commenting “tones” was too subjective even with qualifiers. For example, she has known Councilmembers Fraley-Monillas and Buckshnis for ten years and knows when they are angry as she can hear it in the tone of their voice but others may not and it is not appropriate to judge that. She urged caution against being so judgmental and so picky, questioning whether the Council really wanted to have an executive session over the tone of someone’s voice; she did not think they did. Councilmember L. Johnson said this has been handed over to the City Council and will not go back to the subcommittee for changes. COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO AMEND BY STATING “USING RESPECTFUL LANGUAGE AND AVOIDING AGGRESSIVE TONES.” Edmonds City Council Approved Minutes January 19, 2021 Page 7 Councilmember Buckshnis said she did not support the amendment. She knows passive aggressive people and there are Councilmembers who are passive aggressive. Even if they do not use an aggressive vote, they are very passively aggressive. She has been a regulator all her life and writes very technically, people view her as being mad when she is not mad. Tones are very subjective. She agreed with Councilmember Fraley-Monillas’ point regarding different nationalities, some yell as they speak. She preferred the document not be so restrictive and said “using respectful language” was sufficient. Councilmember K. Johnson agreed with what has been said about tone. She believed this document was drafted from a perspective of someone sitting in the audience watching the Council and observing things the person did not like. She believed the language was coming from an overly sensitive point that was inappropriate for the code of conduct. Councilmember Olson said language can be quite nuanced and tones could come into context even without having the word in the phrase, that is part of language. If there is a gross abuse, everyone will recognize it and it could be a catchall in the word “language.” Councilmember Fraley-Monillas asked if “using respectful language” included in writing. Councilmember Distelhorst answered it was important to read all sections of the code of conduct. The beginning states, “Central to these principles is that civility and decorum shall apply to all Councilmember conduct in relation to City business.” That means public meetings, emails, communications, at events, etc. In addition, 6.1.E explicitly addresses notes, voicemail messages, texts, email and other electronic communications. He summarized it was important not to segment the code too much but look at it from the perspective of the two pages completely. There are elements in different places in the document that apply to all Councilmember conduct from public meetings to writing. UPON ROLL CALL, AMENDMENT 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. During the vote on the main motion, Councilmember Distelhorst raised a point of order regarding the amendment to the motion and requested the motion be restated. Mayor Nelson stated the motion was to delete “and tones” from 6.2.A. and add “and avoiding aggressive tones.” Mr. Taraday agreed the original motion was to delete “and tones” but that had been modified to amend 6.2.A to read, “Using respectful language and avoiding aggressive tones.” Councilmember Olson said that was not correct as the original motion was to delete “and tones.” Councilmember Fraley-Monillas raised a point of order, stating the amendment took the place of the first motion and changed the language to “using respectful language and avoiding aggressive tones.” Councilmember Buckshnis offered to withdraw the motion. Councilmember Fraley-Monillas raised a point of clarification and requested City Clerk Scott Passey provide the wording of the motion. Mr. Passey relayed that Councilmember Buckshnis’ motion was to strike “and tones” and an amendment was made to change it to “and avoid aggressive tones” which was a different amendment and should be a separate motion instead of an amendment because it does not address the primary motion. Since the amendment was approved, withdrawing the original motion would be appropriate. COUNCILMEMBER BUCKSHNIS WITHDREW THE MOTION. Edmonds City Council Approved Minutes January 19, 2021 Page 8 COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO ADOPT THE PROPOSED REMOVAL OF “AND CITY ATTORNEY” IN 6.2.D. Councilmember K. Johnson requested 6.2.D be read aloud. Council President Paine read D: “Expressing concerns about performance only to the Mayor, in the case of staff and the Council President, in the case of the legislative aide and striking “and City Attorney.” Councilmember K. Johnson expressed support for the proposed change. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON, IN SECTION 6.3D, STRIKE “WHEN MAKING CONTACT THE RELEVANT COUNCIL LIAISON SHOULD BE INCLUDED IN SUCH COMMUNICATION.” MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON TO STRIKE 6.3.E IN ITS ENTIRELY. Councilmember Buckshnis said the Mayor should not be listed in the code nor should he direct Councilmembers or give Councilmembers permission to act on behalf of the City. That is Council’s job as legislators. Councilmembers at non-city functions are Councilmembers and a majority should not tell one Councilmember that they have more power; all are elected and should do their job and be respectful and professional. Councilmember Fraley-Monillas said this section is fine except there needs to be clarification; she suggested “Likewise, a Councilmember may be authorized to represent the City Mayor only upon the express permission of the Mayor.” For instance at last year’s Christmas event, Councilmember Buckshnis was asked to represent the Mayor and she has been asked to represent Mayor Earling in the past. There needs to be an avenue for the Mayor to designate a Councilmember to represent the Mayor’s office if he/she is unable to attend. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMENDMENT 6.3.3 TO READ, “LIKEWISE A COUNCILMEMBER MAY BE AUTHORIZED TO REPRESENT THE CITY MAYOR…”. Mr. Taraday advised there is state law that addresses this. He read from RCW 35A.12.100, “The mayor shall be the official and ceremonial head of the city and shall represent the city on ceremonial occasions, except that when illness or other duties prevent the mayor's attendance at an official function and no mayor pro tempore has been appointed by the council, a member of the council or some other suitable person may be designated by the mayor to represent the city on such occasion.” COUNCILMEMBER FRALEY-MONILLAS WITHDREW THE MOTION. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO ADD THE LANGUAGE MR. TARADAY READ FROM RCW 35A.12.100. Councilmember Distelhorst observed what Mr. Taraday read is fairly consistent with the proposed code of conduct but the language in the proposed code is clearer than the RCW. He asked Mr. Taraday if the language in the proposed code of conduct was consistent with the RCW. Mr. Taraday answered the RCW is primarily addressing ceremonial situations, it mentions “official and ceremonial” and then again refers to ceremonial occasions. His initial reading of 6.3.E was broader than just ceremonial occasions. He asked whether the Council meant for 6.3.E to only apply to ceremonial occasions and, if it was viewed that narrowly, then nothing other than state law would be needed. If it was that narrow, he saw a conflict Edmonds City Council Approved Minutes January 19, 2021 Page 9 in that under state law the Mayor decides who takes his place in absence of a pro tem. The City has a pro tem; the City Council elects a Council President to be the Mayor Pro Tem. If 6.3.E is intended to be broader than ceremonial occasions, this procedure would not conflict with state law. COUNCIL PRESIDENT PAINE MOVED TO ADD AFTER “MAYOR” AT THE END, “FOR ALL OFFICIAL AND CEREMONIAL PURPOSES.” COUNCILMEMBER FRALEY-MONILLAS ACCEPTED THAT AS A FRIENDLY AMENDMENT. Mr. Taraday observed there was a distinction between representing the Council and representing the City so it was okay as written. Councilmember L. Johnson asked if separating the two would add more clarification. Mr. Taraday said representing the Council is different than representing the City. They are already in separate sentences so it is okay as is. It is up to the Council; if the Council feels putting them in different subsections would highlight the distinction between representing the City and representing the Council, that could be a useful tool. COUNCILMEMBER K. JOHNSON MOVED TO STRIKE THE FIRST SENTENCE, “WHEN ATTENDING A NON-CITY SPONSORED EVENT, MEETING, CONFERENCE, OR OTHER ACTIVITY, A COUNCILMEMBER MAY BE AUTHORIZED TO REPRESENT THE COUNCIL ONLY UPON A MAJORITY VOTE OF THE COUNCIL.” AND TO STRIKE “LIKEWISE A” FROM THE SECOND SENTENCE. [This motion was later ruled out of order.] Councilmember K. Johnson said in the past there had never been a vote of the Council when a Councilmember was representing the City at a conference. For example, pre COVID, Councilmember Buckshnis went to Washington D.C. with the Mayor and the Parks Director to represent the City at the “Puget Sound whatever” conference and the Council did not vote on that. It is unprecedented, in the ten years she has been on the Council, there has never been vote regarding attending a conference. Councilmember Fraley-Monillas raised a point of order, there is a motion on the floor. Mayor Nelson agreed the motion was out of order. Councilmember Buckshnis pointed out the original motion was to remove 6.3.E completely. Councilmember Fraley-Monillas then amended the motion to add the RCW language and she agreed with the amendment. COUNCILMEMBER BUCKSHNIS WITHDREW THE MOTION TO REMOVE 6.3.E COMPLETELY. COUNCILMEMBER K. JOHNSON DID NOT WITHDRAW THE SECOND. COUNCILMEMBER FRALEY-MONILLAS CALLED THE QUESTION. UPON ROLL CALL, MOTION TO CALL THE QUESTION FAILED (1-6), COUNCIL PRESIDENT PAINE VOTING YES; AND COUNCILMEMBERS K. JOHNSON, DISTELHORST, FRALEY-MONILLAS, BUCKSHNIS, OLSON AND L. JOHNSON VOTING NO. Councilmember K. Johnson said she believed under state law the Mayor can appoint the Mayor Pro Tem or anyone else to perform his ceremonial functions. Therefore, it does not need to be in the code of conduct. She said the first sentence is ridiculous in that it has never been done in the past and Councilmembers often have short notice of things of that nature. She felt it was overly restrictive to have four Councilmembers agree to a Councilmember attending a conference. Councilmember Distelhorst said this was less about Council appointing someone to do something on behalf of Council and more as reminder that as a Councilmember, the primary job is to represent yourself as a Councilmember and not vice versa. As perhaps it is being read differently, he suggested tweaking the Edmonds City Council Approved Minutes January 19, 2021 Page 10 language such as “When attending a non-city event, meeting, conference or other activity, a Councilmembers may be authorized to represent the Council only upon a majority vote of the Council shall represent themselves” or some other language that reflects that intent. Councilmember Fraley-Monillas said this is probably the result of a Councilmember who attended a Black Lives rally and represented themselves as representing the Council and the City. It would not have been a problem if the person said they were there as an elected; however, they said they were representing the City and/or the Council. Especially in this day and age when such volatile situations are occurring, Councilmembers should not say they are representing the Council or the City. She agreed with Councilmember Distelhorst’s suggestion to clarify who Councilmembers represent when they attend functions like that. Councilmember Buckshnis said she went to Puget Sound Salmon Days on the Hill as a WRIA 8 representative and then-Mayor Earling asked her to attend due to her knowledge of the marsh. She anticipated if that had been put to a vote of the Council, it would have been approved. She also attended the Black Lives Matter rally. She recommended using the language in RCW 35A.12.100 and having Councilmembers represent themselves. Councilmember L. Johnson said that language is already in 6.3.C, “Personal comments or positions, if given, will be identified as such and shall not be represented as the position of the City or Council.” If the RCW language is added to 6.3.E, it would make sense to split it up. Councilmember K. Johnson said she often attends the Economic Alliance of Snohomish County as an elected official, not to represent herself as an individual. She did not understand the suggested approach and preferred to strike the language. Speaking to what Councilmember K. Johnson just said, Councilmember Distelhorst said as an individual, you are a Councilmember so he personally viewed being an individual as still being a Councilmember. He suggested adding “Councilmembers shall do so in an individual capacity only as opposed to representative of a body” after “or other activity” so the first sentence of 6.3.E reads, “When attending a non-city sponsored event, meeting, conference or other activity, Councilmembers shall do so in an individual capacity only.” COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO AMEND THE FIRST SENTENCE OF 6.3.E TO READ, “WHEN ATTENDING A NON-CITY SPONSORED EVENT, MEETING, CONFERENCE OR OTHER ACTIVITY, COUNCILMEMBERS SHALL DO SO IN AN INDIVIDUAL CAPACITY ONLY.” UPON ROLL CALL, AMENDMENT CARRIED (5-2), COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS, OLSON, L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; AND COUNCILMEMBERS K. JOHNSON AND BUCKSHNIS VOTING NO. Councilmember Fraley-Monillas asked for clarification regarding the motion on the table. Mr. Taraday said it was Councilmember Fraley-Monillas’ motion to amend 6.3.E to incorporate the language from RCW 35A.12.100. Council President Paine asked if the intent was incorporate the last two lines of the RCW or to reference the RCW. Councilmember Fraley-Monillas said her intent was to incorporate the language in the RCW so it was very clear. Edmonds City Council Approved Minutes January 19, 2021 Page 11 Councilmember Olson asked if there were amendments related to representing the City in addition to representing the Mayor. Councilmember Fraley-Monillas said her intent was to incorporate the language from the RCW because it also referenced representing the Mayor at events. Council President Paine said the RCW also talks about the mayor being the official and ceremonial head of the city and if other duties prevent the mayor’s attendance and no mayor pro tempore has been appointed by council, another member of the council or other suitable person may be designed by the mayor to represent the city on such occasion. She observed the RCW referred to both ceremonial and official actions and she agreed with including the RCW in its entirety although it is much less readable than the proposed code of conduct. Councilmember Distelhorst agreed the RCW was very wordy, but to be totally clear and consistent, the code of conduct could state, “Likewise, a Councilmember may be authorized to represent the City only as under the terms of RCW 35A.12.100.” COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, THAT 6.3.E STATE, “LIKEWISE, A COUNCILMEMBER MAY BE AUTHORIZED TO REPRESENT THE CITY ONLY AS UNDER THE TERMS OF RCW 35A.12.100.” Councilmember Buckshnis recalled last December then-Mayor Earling asked her to attend. She asked whether the Mayor could select a designee or did it have to be the Mayor Pro Tem. She requested the amendment be restated. Mr. Taraday stated his understanding of the amendment: SECOND SENTENCE IN 6.3.E AMENDED TO READ, “LIKEWISE A COUNCILMEMBER MAY BE AUTHORIZED TO REPRESENT THE CITY ONLY IN COMPLIANCE WITH RCW 35A.12.100.” Mr. Taraday again read the relevant language in RCW 35A.12.100, “The mayor shall be the official and ceremonial head of the city and shall represent the city on ceremonial occasions, except that when illness or other duties prevent the mayor's attendance at an official function and no mayor pro tempore has been appointed by the council, a member of the council or some other suitable person may be designated by the mayor to represent the city on such occasion.” Councilmember K. Johnson experienced technical difficulties. While awaiting a response from Councilmember K. Johnson, Mayor Nelson declared a brief recess. For Councilmember K. Johnson, Mr. Taraday restated the amendment. Councilmember K. Johnson preferred to incorporate the language in the RCW rather than just referencing the RCW. She suggested it be considered a friendly amendment. Councilmember Fraley-Monillas did not consider it a friendly amendment because it changed the intent and a previous amendment to incorporate the language in the RCW was changed to reference the RCW. At Councilmember K. Johnson’s request, Mr. Taraday restated the amendment: TO HAVE THE SECOND SENTENCE OF 6.3.E READ AS FOLLOWS, “LIKEWISE A COUNCILMEMBER MAY BE AUTHORIZED TO REPRESENT THE CITY ONLY IN COMPLIANCE WITH RCW 35A.12.100. UPON ROLL CALL, MOTION CARRIED UNANIMOUSLY, COUNCILMEMBERS K. JOHNSON, DISTELHORST, FRALEY-MONILLAS, BUCKSHNIS, OLSON, L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES. Edmonds City Council Approved Minutes January 19, 2021 Page 12 COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO ACCEPT THE REDLINE VERSION OF SECTION 6.4.D THAT STATES, “COUNCIL’S ADOPTED ROBERT’S RULES OF ORDER, OR…” UPON ROLL CALL, MOTION CARRIED UNANIMOUSLY, COUNCILMEMBERS K. JOHNSON, DISTELHORST, FRALEY-MONILLAS, BUCKSHNIS, OLSON, L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES. Councilmember Olson referred to 6.3.D regarding lobbying, commenting there did not seem to be a meeting of the minds regarding what lobbying meant and what should be included in the code of conduct. She recalled there was an amendment related to removing the requirement to include the relevant Council liaison in communications. That appeared to be related to not controlling Councilmembers, but there is propriety related to what Councilmembers say and do when interacting with others in the governmental process and things that come back to Council. She was hopeful the Council could have a robust enough conversation with input from Councilmembers and the City attorney for the subcommittee to craft language to bring back to Council next week if the discussion did not reach the point of an amendment tonight. Councilmember Fraley-Monillas said when she asked a question earlier, she was told by the subcommittee chair that the subcommittee was done meeting and the intent was for Council to make amendments tonight. Another option is to put the code of conduct on the Consent Agenda next week, and pull it to make additional amendments if necessary. Councilmember Olson said that was not her understanding. In her conversation with Council President Paine, she stated the subcommittee was not necessarily ready to finish the code of conduct tonight. She hadn’t heard any pushback so she was surprised there was a commitment to complete the code tonight if there was still work to be done. Councilmember L. Johnson recalled there was an agreement during the last subcommittee meeting to make the redline changes regarding universal amendments, and the document would be handed over to the Council to make any substantial changes. Once the document is handed over to Council, the Council needs to make the changes to the document and it is out of the subcommittee’s hands. Council President Paine said Councilmember Olson was correct but the Council was moving through the document fairly quickly. She supported the recommendation to develop language together and observed 6.3.D appeared to be the last issue. She suggested ironing out that language and either putting the code of conduct on the Consent Agenda next week or holding it for a week and pull it if necessary. She favored continuing with amendments as the Council has been making good progress and this is the last issue. Councilmember Buckshnis said she did not like this section. She hoped to bring Title 20 back and have the Council hold quasi-judicial hearings. The reason for Mr. Taraday’s questions related to ADB was with the change to Title 20, at certain times Councilmembers can lobby on behalf of citizens or whoever to the ADB or whoever with regard to code changes or variances. She recommended deleting 6.3.D until “we find out how we’re going to handle Chapter 20.” She observed the Council holding/not holding quasi- judicial hearings has been changed several times since she has been on the Council. This section conflicts with the code so it should be left off unless there are examples of Councilmembers attempting to lobby someone. Mr. Taraday said his comments regarding this issue were the same as last week. Councilmember Distelhorst recalled hearing in last week’s discussion the importance of Councilmembers talking to commission/committee/board members around City policy. There is language in the code of Edmonds City Council Approved Minutes January 19, 2021 Page 13 ethics that covers this, “Seek no favor, do not personally benefit or profit by confidential information or by misuse of public resources. Conduct business of the city in a manner which is not only fair in fact, but also in appearance.” It may be possible to rewrite that section to cover it more globally, combine the two sentences and tying in the code of ethics. Councilmember K. Johnson was opposed to the language that states Councilmembers shall not contact a board or commission member to lobby on behalf of an individual, business or organization. There are examples where this would not apply. The previous language authorized Councilmembers to go to the Hearing Examiner and speak for a constituent. Previously, the Council could not talk to anyone involved in a land use decision that came to the Council. With the change that removed the Council from quasi- judicial decisions, Councilmembers can speak to constituents and speak for them to the Council. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO STRIKE THE FIRST SENTENCE OF 6.3.D. Councilmember Fraley-Monillas read from 6.3.D, “Councilmembers shall not contact a board or commission,” it does not say citizen involved in an appeal process. She recalled this happened on the Economic Development Commission where a Councilmember agreed to push forward issues and businesses objected. It is not whether a Councilmember can talk to an individual citizen, but not contacting a board or commission member to lobby on behalf of an individual, business or organization. Section 6.3.D also states it is acceptable for Councilmembers to contact the board, committee or commission member in order to clarify or contextualize a position taken by the body. That language provides an opportunity to speak to individuals about particular instances. It is unethical for Councilmember to advocate for a business, organization or individual based on a board or commission and sets a bad precedence for the Council. Council President Paine recalled last week the Council discussed separating this into two separate sections. Although she heard what Councilmember K. Johnson was saying, she suggested adding at the end of the first sentence, “with the exception of a hearing board matter” where a Councilmember can lobby or advocate. Councilmember Fraley-Monillas encouraged the Council to vote down Councilmember K. Johnson’s motion so Council President Paine could make a motion. Councilmember K. Johnson raised a point of order, recalling Ms. Macfarlane (Jurassic Parliament) saying it was inappropriate for Councilmembers to identify a motion by a person’s name. She requested that practice be discontinued as she found it hurtful. Councilmember Distelhorst offered language if the maker of the motion was open to hearing it. Councilmember K. Johnson said she was open to hearing it. Councilmember Distelhorst offered the following to replace the entire section D: “It is acceptable for Councilmembers to contact boards or commissions and their members in order to discuss City policy so long as all interactions are in line with the Edmonds code of ethics.” He recognized that did not address the Hearing Examiner issue which is separate as well as the issue mentioned by Mr. Taraday. Councilmember K. Johnson did not accept the language Councilmember Distelhorst proposed as a friendly amendment. UPON ROLL CALL, MOTION FAILED (2-5), COUNCILMEMBERS K. JOHNSON AND BUCKSHNIS VOTING YES; AND COUNCILMEMBERS DISTELHORST, FRALEY- MONILLAS, OLSON, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO. Edmonds City Council Approved Minutes January 19, 2021 Page 14 COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO REPLACE BOTH SENTENCES IN 6.3.D WITH THE FOLLOWING LANGUAGE: “IT IS ACCEPTABLE FOR COUNCILMEMBERS TO CONTACT BOARDS OR COMMISSIONS AND THEIR MEMBERS IN ORDER TO DISCUSS CITY POLICY SO LONG AS ALL INTERACTIONS ARE IN LINE WITH THE EDMONDS CODE OF ETHICS. Councilmember K. Johnson asked how that policy would pertain to members of the Historic Preservation Commission (HPC) who interview and lobby businesses and individuals to join the City’s historic register. The proposed language does not appear to allow that. Councilmember L. Johnson referred to the language in the proposed amendment related to discussing City policy and asked if that put Councilmembers in a position where they would potentially be contacting boards and commissions to tell them what City policy was. She suggested “issues pertaining to City policy.” Council President Paine said the code of ethics states, “emphasize friendly, courteous service to the public and with each other and to improve the quality of public service and keep the community involved of municipal affairs.” The code of ethics recognizes the HPC’s outreach because it is in service to City and not an individual position. The code of ethics includes the advocacy and outreach that boards and commissions do. Councilmember L. Johnson said “discuss City policy” implies policy that is already in place versus a Councilmember contacting a board or commission to contextualize a position taken by the body. If a Councilmember is contacting a board or commission, they are being asked to clarify something they are working on, not discussing existing City policy. The intent is that Councilmembers are free to contact boards and commissions to discuss what they are working on and clarify it, but not lobby them on behalf of an individual, business, or organization. She suggested instead of “discuss City policy” add “clarify or contextualize a position of the body.” Councilmember Olson suggested leaving in “in accordance with the code of ethics” because that covered a lot of territory. Councilmember Distelhorst observed “City policy” seemed to be a hang-up because it assumed adopted City policy versus something that was being discussed or worked on. Another option would be to leave it overly broad such as, “It is acceptable for Councilmembers to contact boards or commissions and their members so long as all interactions are line with the Edmonds Code of Ethics.” That would allow those discussions as long as they followed the code of conduct, applicable laws and regulations, and the code of ethics. Councilmember L. Johnson liked Councilmember Distelhorst’s suggestion although the code of ethics states Councilmembers cannot personally benefit from such conversations but does not address that it is inappropriate for a Councilmember to lobby on behalf of other individuals, businesses or organizations. For example, the argument could be made if she were lobbying on behalf of a business she supports that she could personally gain from that. She suggested it be clarified further that it was not only a personal monetary gain but it was also inappropriate for individual Councilmembers to lobby on behalf of others. Councilmember Fraley-Monillas commented it is bigger than just personal gain, it is also those who spend money on election campaigns. Councilmember Distelhorst suggested a possible second sentence if the first sentence were broad, “Councilmembers shall not use their position to persuade or influence a board or commission member on behalf of an individual, businesses or organization.” Edmonds City Council Approved Minutes January 19, 2021 Page 15 Council President Paine pointed out the code of ethics states the Council shall seek no favor, not personally benefit or profit by confidential information or by the misuse of public resources. She viewed trying to influence a board or commission as a misuse of public resources so it would already be covered by the code of ethics. Councilmember Fraley-Monillas referred to “seek no favor; do not personally benefit or profit by confidential information or by misuse of public resources,” and asked if a business gave a Councilmember $500 to build a block, was that what Council President Paine was referencing as potentially benefiting. Councilmember L. Johnson commented as a liaison to a board or commission, she does not vote. It appeared the language was trying to state Councilmembers should not put undue influence on boards and commissions, Councilmembers take action by a majority vote; there is the potential for pressure from an individual Councilmember contacting and lobbying a board or commission. She was unsure the language in the code of ethics captured the intent that Councilmembers by virtue of their title not put pressure on boards and commissions. She concluded this section may be trying to address two different things. Councilmember Buckshnis commented the Council was delving into the nitty gritty and the code of ethics already addresses a lot. She suggested what Councilmember Distelhorst suggested would be sufficient or the section could be deleted completely. She was not aware of any current examples of Councilmembers attempting to influence boards or commissions. Councilmember Fraley-Monillas suggested since the Council is at a deadlock with this language, the subcommittee meet virtually once this week and work out language that makes sense. She was aware the subcommittee felt like they had been discharged, but perhaps by meeting again they could reach agreement. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO AMEND THE FIRST SENTENCE IN 6.3.D TO STATE “COUNCILMEMBERS SHALL NOT CONTACT A BOARD OR COMMISSION MEMBER TO LOBBY ON BEHALF OF AN INDIVIDUAL, BUSINESS OR ORGANIZATION WITH THE SOLE EXCEPTION OF PARTICIPATING IN ADVOCACY DURING A HEARING EXAMINER MEETING.” Councilmember Buckshnis asked with the change to quasi-judicial in Title 20, whether Councilmembers can also contact the ADB and other boards and commissions on a land use issue. Mr. Taraday explained there are two scenarios in the quasi-judicial land use context, it is possible the amendment includes both. One scenario is a quasi-judicial action before the Hearing Examiner where Councilmembers can speak for or against a particular project. The second scenario is a quasi-judicial land use application before the ADB where Councilmembers want to speak for or against a particular project. It would be limited to the scenarios whereby virtue of the type of permit, it would not come to the Council no matter what. If there was a possibility it would come to Council, the Council would be unable to participate under the Appearance of Fairness Doctrine. Council President Paine restated the motion as follows: TO ADD TO THE END OF THE FIRST SENTENCE, “WITH THE SOLE EXCEPTIONS OF ADVOCATING AT A HEARING EXAMINER AND/OR ADB HEARING.” UPON ROLL CALL, MOTION CARRIED UNANIMOUSLY, COUNCILMEMBERS K. JOHNSON, DISTELHORST, FRALEY-MONILLAS, BUCKSHNIS, OLSON, L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES. Edmonds City Council Approved Minutes January 19, 2021 Page 16 COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO STRIKE AND REPLACE THE SECOND SENTENCE OF 6.3.D WITH, “IT IS ACCEPTABLE FOR COUNCILMEMBERS TO CONTACT BOARDS OR COMMISSIONS AND THEIR MEMBERS SO LONG AS ALL INTERACTIONS ARE IN LINE WITH THE EDMONDS CODE OF ETHICS.” Councilmember Distelhorst explained this is a slightly different than the first sentence which speaks to lobbying versus general discussion or contact. UPON ROLL CALL, MOTION CARRIED (6-1), COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS, BUCKSHNIS, OLSON, L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; AND COUNCILMEMBERS K. JOHNSON VOTING NO. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, WITH THESE CHANGES TO MOVE THE DRAFT CODE OF CONDUCT TO THE CONSENT AGENDA NEXT WEEK AND THAT COUNCILMEMBERS FORWARD THEIR SUGGESTIONS TO COUNCILMEMBER L. JOHNSON FOR CONSOLIDATION BY NEXT WEEK. COUNCILMEMBER L. JOHNSON MOVED TO HAVE SUGGESTIONS SENT TO ALL THREE MEMBERS OF THE SUBCOMMITTEE. COUNCIL PRESIDENT PAINE ACCEPTED THAT AS FRIENDLY AMENDMENT. Observing there was no rush, Councilmember K. Johnson requested the code of conduct be on the Consent Agenda in two weeks to give the subcommittee an opportunity to review it. Councilmember Distelhorst said he has an accurate track change version that he could distribute to other committee members, Mr. Passey, and Mr. Taraday for confirmation with the minutes. Councilmember Fraley-Monillas said there was no reason not to have this on the Consent Agenda next week. If it appears more work needs to be done, it can be pulled from Consent. Councilmember Olson said having the code of conduct in next week’s packet will give the Council another opportunity to review it with the changes. By all means, it can be revised if more changes are needed to ensure this document is terrific when it is finished. Having it on the agenda next week serves that purpose better than delaying it another week. MOTION CARRIED UNANIMOUSLY. 9. EXECUTIVE SESSION: TO DISCUSS POTENTIAL LITIGATION PER RCW 42.30.110(1)(I) This item was removed from the agenda via action taken under Agenda Item 5. 10. MAYOR'S COMMENTS Mayor Nelson reported he participated in the vaccine privatization and distribution briefing today by the Health District. Although helpful, it is also frustrating that the link to the new criteria published by the State Department of Health does not work. For those trying to find out if they qualify and how to get notified, he recommended going to the Washington State Department of Health website, DOH.WA.gov website. Clicking on vaccine phase finder will allow users to find out their eligibility for the COVID vaccine. The phases have been updated so that people 65 years or older or 50 years or older in a multi- generation household (two or more generations) are eligible for the COVID vaccine. By entering information at that link, when people qualify, they will receive an email or text informing them when they Edmonds City Council Approved Minutes January 19, 2021 Page 17 can get vaccinated. He encouraged the public to visit that link and fill out the information. For those that qualify now, Snohomish County has three vaccination sites but the primary place to receive a vaccine is through your primary care provider. Mayor Nelson reported in in the short term, hospitals are still full and physical distancing, avoiding gatherings, and wearing masks will make a difference between how many people are hospitalized and get sick and die. The scale of the vaccine, particularly distribution capabilities are looking hopeful, approximately 20,000-30,000 vaccines a week with a goal of reaching 50,000 a week. With approximately 900,000 residents in Snohomish County, most will be vaccinated this year as long as the federal govern provides the actual vaccine. 11. COUNCIL COMMENTS Councilmember Olson thanked Lift Every Voice Legacy for their Martin Luther King tribute. The video is available at www.belovedforall.org. She said inspiration can unite us all. She loved this event and said it was her favorite virtual event so far. Councilmember Olson stated the following: “The Mayor expressed anger at the public’s anger in a Facebook video, saying that this is how far some people will go when they don’t get their way. The public is not angry because they didn’t get their way, Mr. Mayor, and with all due respect, they are angry that you wanted your way so badly that you were willing to suspend good judgment, violate six of the seven points in our code of ethics, and put our public safety at risk to get it. There is danger in false narratives and I feel the need to disrupt this one before it’s repeated over and over and eventually believed.” Councilmember L. Johnson relayed within the last 24 hours the United States hit the tragic milestone of 400,000 deaths from COVID-19 and it is projected there will be 500,000 deaths in the United States by mid-February. Each one of those deaths is someone who was loved by others, parents, grandparents, neighbors and some were Edmonds residents. There is a lot that people cannot control, but we are not helpless. The spread can be slowed by staying home as much as possible. For those unable to stay home, she encouraged social distancing, proper wearing of masks over the nose and mouth and tight fitting, and washing your hands. These things are within our control which, if done, might have prevented a number of deaths and have the potential to prevent many of the projected deaths. She urged the public to please do everything they can to protect their loves ones and others. She wished everyone a Happy Inauguration Week. Councilmember Buckshnis said she was excited for 9 a.m. tomorrow. She referred to the symbolic flags representing the 400,000 people that have died. She appreciated Councilmember L. Johnson’s comments, and agreed it was extremely sad that the death toll was now 400,000. She thanked residents who continue to call her and ask questions. The January 26th Council meeting will include a presentation on the draft Tree Code and there will be a public hearing on February 2nd. She suggested adding emergency ordinance 6.60 approved March 22, 2020 as well as the Comprehensive Emergency Management Plan to the extended agenda. Councilmember Buckshnis reported Snohomish County has joined the Lake Ballinger Forum along with Shoreline. She commented on the importance of the Lake Ballinger watershed. Councilmember Fraley-Monillas relayed she had the opportunity this weekend to participate in the Seattle Martin Luther King Day march from Garfield High School and found it a very moving experience. She historically attended this event until Edmonds began having an event. There were a lot of great people at the event and it explained to her why she does what she does. Edmonds City Council Approved Minutes January 19, 2021 Page 19 Public Comment for Council Meeting 1/19/21: From: Ken Reidy Sent: Tuesday, January 19, 2021 6:25 AM To: Public Comment (Council) <publiccomments@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Council <Council@edmondswa.gov>; Nelson, Michael <Michael.Nelson@edmondswa.gov>; Judge, Maureen <Maureen.Judge@edmondswa.gov>; Taraday, Jeff <jeff@lighthouselawgroup.com> Subject: Public Comments for January 19, 2021 City Council meeting The City Attorney is not part of the Legislative Branch. He has different motivations and different priorities. Relying on the City Attorney's recollection related to a Legislative Act does not serve constituents well. Why would somebody go to all the trouble arguing what is argued on Packet Pages 283-285 instead of simply admitting that the 2014 legislative body did not contemplate the mess of 2020 and that the 2021 Council will need to amend that legislation if they want to create the opportunity for Mayor Nelson to extend the acting directorship authority once again? There is no ambiguity. Code should be read with an eye for the plain meaning of the code. Best to keep it simple. Allowing a City Attorney to muddy it up by bringing into the discussion his recollection of intent from years ago can be a big mistake. Taraday does not represent the people Councilmembers represent. Please review the following comments made by City Attorney Jeff Taraday during the August 14, 2019 Planning Board Meeting: Taraday - 1:23:10 mark of August 14, 2019 Planning Board Meeting: “I represent the City of Edmonds. I’m here to advance the interest of the City of Edmonds, not individual property owners.” Taraday - 1:23:18 mark of August 14, 2019 Planning Board Meeting: “So, if I see that State Law allows the City of Edmonds to collect more money for a street vacation than it is currently collecting, it is my job as the City Attorney to make that option available to the Policy Makers and let them decide whether they want to adopt that into their Code or not….but we Edmonds City Council Approved Minutes January 19, 2021 Page 20 are leaving money on the table right now…that is the bottom line. Now, Policy Makers may decide that it is good to leave money on the table – that’s a policy decision – but I’m telling you we are leaving money on the table. So, I feel an obligation to bring that forward and let the Policy Makers make a decision about whether that is a good thing or not.” PLEASE NOTE: Policy Makers already decided long ago what were good things. State Law has not changed, yet the City Attorney and City Staff recommended changes. Again, please appreciate, we do not elect the City Attorney or City Staff to make Policy. Again - please appreciate that the City Attorney is not part of the Legislative Branch. He has different motivations and different priorities. For additional discussion related to this matter, please see my attached email. Thank you. Attachment: From:Ken Reidy Sent:Saturday, December 12, 2020 10:29 AM To:Council@edmondswa.gov <Council@edmondswa.gov>; Judge, Maureen <Maureen.Judge@edmondswa.gov> Cc:Michael Nelson <michael.nelson@edmondswa.gov>; Jeff Taraday <jeff@lighthouselawgroup.com> Subject:Re: The danger of allowing a City Attorney to intervene into a Legislative Act Dear City Council (others blind cc’d), Please, please hear me on this issue. Please use this example and learn from it. A City Attorney is motivated differently than an elected City Councilmember. A City Attorney has different responsibilities and different priorities. As such, I think it is dangerous to allow a City Attorney to intervene into the Legislative Process. In the December 15, 2015 situation, the City Attorney was motivated by his belief that his recommendation was "safer". Edmonds City Council Approved Minutes January 19, 2021 Page 21 "Safer" in what terms? "Safer" because the City might have less liability for violating statutory requirements if the Comprehensive Emergency Management Plan (CEMP) expired on March 31, 2016? As a contrast, I think City Councilmembers have a different perspective on what "safer" means. I believe Council is motivated to prioritize the City always has a solid CEMP in place. A CEMP that increases the chances that our citizens are as "safe" as possible during an emergency. That type of CEMP could have easily been in place by March 31, 2016. It is now December 12, 2020, and it is still not in place. Instead, we have a CEMP the 2015 Council thought might not even be a functional Emergency Plan. I hope you see this clearly and will consider this as you move forward and perform the challenging task of being a City Councilmember. Thank you. Ken Reidy