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cmd080321EDMONDS CITY COUNCIL MEETING APPROVED MINUTES August 3, 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 Angie Feser, Parks, Rec., Cultural Arts & Human Services Director Jessica Neill Hoyson, HR Director Tom Brubaker, City Attorney's Office Scott Passey, City Clerk Dave Rohde, GIS Analyst Jerrie Bevington, Camera Operator The Edmonds City Council meeting was called to order at 7:02 p.m. by Mayor Nelson in the Council Chambers, 250 5' Avenue North, Edmonds and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember L. Johnson read the City Council Land Acknowledge Statement: "We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water." 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 4. APPROVAL OF AGENDA COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO APPROVE THE AGENDA IN CONTENT AND ORDER. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON, TO AMEND THE AGENDA TO ADD AN ITEM TO PAUSE THE BIAS AND HATE REPORTING PORTAL. Councilmember Olson said she would like to pause it until full vetting and legal analysis is conducted. There were a number of valid points made in the last 1-2 weeks and she had concerns with the unintended Edmonds City Council Approved Minutes August 3, 2021 Page 1 consequences and liabilities for the City and would like to protect the City from those in the short term they can be looked into by legal and further vetted by the Administration and Council. Councilmember L. Johnson asked if vetting had already occurred and if so, would this be duplicative. In response to City Attorney Tom Brubaker's request for her to repeat the question, Councilmember L. Johnson explained the Council is being asked to consider this tonight so there will be an opportunity for legal vetting to occur. She was asking whether that had already occurred and would this be duplicating those efforts. Mr. Brubaker answered some legal research has been done but more could be accomplished to determine any issues that might arises. In his opinion the Mayor has the authority to enact this reporting function as the chief administrator of the City. It is open to the Council to discuss and consider policies behind that. The motion is to add an item to the agenda to pause the operation of the hate/bias weblink. Councilmember Olson said the motion was to amend the agenda to add the item for discussion and possible action. Mr. Brubaker clarified the item before the Council is whether to add this item to the agenda and if approved, it can be discuss in more depth later on the agenda. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO AMEND THE MOTION AND HAVE PLACED AS ITEM 8.5 AND NOT 8.1. Councilmember Olson said she will vote against the amendment as this item is time critical. Council President Paine said she would only support the motion if it was Item 8.5 as there were plenty of other time sensitive items on the agenda. 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. UPON ROLL CALL, AMENDMENT CARRIED (6-1), COUNCILMEMBERS K. JOHNSON, DISTELHORST, FRALEY-MONILLAS, BUCKSHNIS, OLSON, AND L. JOHNSON VOTING YES; AND COUNCIL PRESIDENT PAINE VOTING NO. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO AMEND THE MOTION TO MOVE NEW BUSINESS ITEM 8.1, LANDMARK TREE ORDINANCE EXTENSION, TO UNFINISHED BUSINESS ITEM 7.2. Councilmember Buckshnis said the Landmark Tree Ordinance Extension was not New Business so it was appropriate to be under Unfinished Business. AMENDMENT CARRIED UNANIMOUSLY. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 5. AUDIENCE COMMENTS Mayor Nelson described the procedures for in -person and virtual audience comments. Willie Russell, PCO for 2111 LD Cascade Precinct 3, said he has been listening to comments about the City's hate portal and wanted to inform the Council that they do not understand what a hate portal is. He read a hate portal from the 32" d Democratic page written on September 9"' by Councilmember Susan Paine, the horrible person has extensive criminal history, over 50 criminal convictions, many convictions including rape, kidnapping and threatening a judge, plus anti -harassment. Mr. Russell said none of those were true, he could prove it in a court of law but never got a chance to and it was a hate crime. He has 747 cases; the Edmonds City Council Approved Minutes August 3, 2021 Page 2 hate crimes are in the courts, people who are allowed to commit perjury. The judge got a restraining order, dismissed it while he was a candidate keeping him from campaigning. He has asked for a year for someone to look into this; the Police Department won't investigate. The Police Department came to his house, saying an arrest warrant was in process and that they had talked to the District Attorney and the City Attorney and there was no crime. The police came to his house at 11 p.m. and woke the neighborhood. He referred to information he obtained via public disclosure that stated, we redact this information collected by the Edmonds Police, it would reveal strategy on how gang warrants are served at gang addresses When this got out, MS 13 came to his house; he lives in a Mexican community, and danger occurred at his home because Councilmember Paine brought it. The reason was because he told her to bugger off in an LD page because he submitted an article to Gold Bar Reporter about people she worked with. The hate is in the Police Department and Court. Then she went to court to get an extension; in civil matters, someone is either a plaintiff or a respondent. She got a restraining order and never allowed him the opportunity to defend his character, character he got serving in the United States Army and in Vietnam. He concluded the judge said defendant not respondent. Linda Ferkingstad, Edmonds, commented on the Edmonds tree ordinance. She commended the Council for wanting to retain trees in Edmonds and asked for it to be done legally. Trees are beautiful and are the reason they bought their property. She reminded Councilmembers that trees belong to the property owners they are growing on. Councilmembers have created laws dictating what property owners do with their own trees and requiring 100% compensation for the trees' worth if removed. Edmonds is assuming ownership of private property without compensation. Not only has the Council taken away their rights and the worth of their trees without compensation and charging them for 100% the worth of their trees, but it is also against the U.S. Constitution's 5' and 14t' amendments' takings clause, against the Washington State GNU, and against the Edmonds Comprehensive Plan. There are trees on the only buildable area of their property and sadly they and their roots will have to be removed at a high cost. Ms. Ferkingstad continued, Edmonds planning regulations require a 30% retention to divide their 1.2 acres to build 3 homes for themselves and their family. If they cannot retain 50% of the trees on their property, the Edmonds tree ordinance will tax them nearly $250,000 before the trees are removed. Retaining 50% of the trees will be difficult when the buildable areas are where trees are grouped together. Most likely they will have to retain trees very close to the homes, potentially damaging the trees and limiting available sunlight and potential views of Puget Sound in order to save on the 100% tree ordinance tax. Edmonds' tree ordinance places an undue burden on those wishing to build single family homes on residentially zoned property in Edmonds. For the City to avoid facing litigation, she pleaded with the Council to retain trees legally like the Town of Woodway had to do after they faced litigation when they tried to limit private property rights, and purchase properties that have trees the City would like to retain. She requested the Council stand up for citizens' rights to their property and not penalize those trying to build needed homes in Edmonds. She thanked the Council for their good intentions, asking only that they follow through with them after they have been legally vetted. She thanked the Council for the work they do for the City and requested they stand up for individuals' rights. Natalie Seitz, Edmonds, commented on trees and public process. She was happy the City has expressed intent to undertake public outreach, an extremely needed step for regulatory processes and one that has been thus far missing from updates to the tree code. She hoped the Council would include in this process the development code and amendments that bypass the Planning Board and were solely deliberated in closed Council session and the tree list created by City staff and the Tree Board. The impetus for the tree maintenance regulations was the development code process and outcomes. The tree funding mechanism and retention requirements create a strong disincentive for property owners to maintain trees and thereby drove the City to this regulatory effort. Outreach should include these portions of the development code for public review and comment so any resulting code can function holistically. This would also provide the City the opportunity to evaluate land use impacts of the code and gain comprehensive and durable SEPA coverage for the entire tree code. With regard to the tree list, it should be created by those who have an Edmonds City Council Approved Minutes August 3, 2021 Page 3 arborist or public safety background in consideration of climate change to identify the right types of trees that will be in the right place for the changing climate. Extending the emergency ordinance is not a requirement to undertake the robust public process. It is contrived and indicative of the complete lack of trust the City has in property owners who maintain trees. Ms. Seitz said she will continue to advocate for the City to form a partnership with treed property owners and state emergent facts to support the use of an emergency ordinance. Outreach for this effort should be specifically targeted to areas where large trees are growing which can easily be identified from the 2017 urban canopy assessment. The City needs to think beyond what trees are here today; there is no reason this burden cannot incentivized, undertaken as public infrastructure or shared by all property owners. The Bowl contains at most around 1/3 of Edmonds residents. As the Council moves forward with considering trees and growth and all other contentious issues, she reminded they are required to consider all residents in their decision -making, to consider the aesthetic beauty of trees and not just the unique charm of downtown, consider where resources are needed and not just where they have been spent, consider those residents who through disenfranchisement language or other barriers are silent and make extra efforts to engage. In her experience, underserved communities have opinions and views about what they would like to see, they just don't think their opinion will matter. The Council will need to work hard to change that perception with their actions. Liz Brown, an agent for Teamsters Local 763, the union that represents the City's Parks and Public Works employees, spoke in support of Item 8.4, reinstating the emergency sick leave for employees. This emergency sick leave touches on an issue of equity with regard to the pandemic. Most of the City's white collar administrative employees have been allowed to telework from remote locations during the pandemic. Employees have worked remotely during periods of quarantine because of potential COVID exposures without having to use sick leave. Recently several members were sent home for COVID testing and quarantine because of positive COVID exposures at work and told they would have to use their own sick leave. The pandemic has fallen hard on all essential employees, from Local 763 members to grocery workers to police officers and firefighters. There is an inherent inequity between employees who can work from home and those who can't. She requested the Council reinstate the emergency sick leave so members can be treated in an equitable manner along with the City's administrative staff. Jenna Nand, Edmonds, read a letter addressed to the City Council about abuse of the bias portal. She found a letter to the editor written by Matt Richardson in which he fictitiously called her a victim of bias due to her participation in the 2019 Edmonds City Council appointment process. Due to this facetious victim of bias complaint, her name is now publicly discoverable as someone who is supposedly a victim of bias in Edmonds because of her race and gender without her consent. Clearly Matt Richardson is treating the portal as a joke and she did not appreciate being the butt of someone else's political joke. She requested the Council consider the following: Are these complaints publicly available through litigation? How can you protect the identities of people who do not consent to be named in the complaints as victims? Why are unrelated, third parties permitted to make complaints and name so-called victims of bias without their knowledge and consent? Is there an appeals process so her name can be redacted from Matt Richardson's complaint or have his complaint stricken from public record? How can she protect her personal and professional reputation if she is named as a victim of racism or a victim of bias inappropriately or facetiously on the internet and in the media? She was deeply disturbed by this development and felt the portal had been used to victimize her as a woman of color in Edmonds. As an attorney, she felt the present process was very ill advised and needed to be amended immediately to prevent abuse and mistreatment of people of color in Edmonds by means of facetious reports of victimhood. Finis Tupper, Edmonds, commented the Council will be reviewing the Council Code of Conduct and Rules of Procedure tonight. He referred to something that occurred in 2019, acknowledging that three Councilmembers were not on the Council at that time. An ordinance was passed that applied only to Edmonds boards and commissions in response to the Open Public Meetings Act (OPMA). In reviewing the Edmonds City Council Approved Minutes August 3, 2021 Page 4 Rules of Procedure, there is mention about OPMA but nothing about Council being required upon election or appointment to take OPMA training from the Attorney General or other approved program such as MSRC and AWC within 90 days of taking office. He questioned why that was left out when it is clear that the Council does not understand that all special meetings need to be open to the public. He referred to an ordinance passed on November 19, 2019 when Mike Nelson was a Councilmember and he voted in favor of the ordinance when Dave Earling was the Mayor. The ordinance wasn't published and did not go into effect until sometime in January. He supported following City and State laws, noting there is a law that states if an ordinance isn't published within 15 days, the Council is to be notified which was not done; Mayor Nelson signed the ordinance. Cindy [last name not given] thanked Councilmember Olson for her comments and suggestion regarding the portal. Tonight, two people have relayed serious issues with the portal. The portal is actually a violation to the constitutional right to privacy, freedom of speech and as the radio host Dori Monson said, there is no one that is not biased about something. Knowing that the portal violates the right to privacy, she did not understand the hesitation to remove it. The portal will incite problems and will not be good for the City. Edmonds is being held up as a racist community because to quote Councilmember Fraley-Monillas, "we have to deal with all the racism in Edmonds." She was unaware there was so much racism in Edmonds until someone told her and she happens to be a woman of color. The fact that Councilmembers are not taking this more seriously and immediately goes to show the disregard the Council and the Mayor have toward the will of the people. The portal obviously violates many people's rights and is very communistic. If the goal is to incite hatred amongst and between people and get them infighting, apparently the game is to divide and conquer. The Council is trying to make Edmonds become Seattle and she hoped people who are listening will agree Edmonds does not want to become Seattle; Seattle has been destroyed and has lost millions due to what has been allowed to happen. The Council is just perpetuating the destruction that is already evident in Seattle. She hoped the Council would rethink what they were doing and start listening to their constituents. Beth Fleming, Edmonds, shared her disappointment in Councilmembers Distelhorst and Fraley-Monillas' choices at the conclusion of last week Council meeting. She thank Councilmembers K. Johnson, Buckshnis, and Olson and Council President Paine for their acknowledgement and thoughtful consideration of the citizens' concern and feedback that was provided at last week's meeting. The role of an elected official is to listen to all their constituents, whether or not they agree with their point of view. Last week Councilmember Distelhorst chose not to acknowledge the concerns he heard from citizens regarding any of the topics discussed, at least not the portal. She found that particularly puzzling and concerning given his role in launching the portal. It was a missed opportunity to show he actually cares about all the citizens he was elected to serve. Even more egregious behavior came from Councilmember Fraley-Monillas when she acknowledged the commentary and chose to accuse citizens of being bullies and political operatives who were only sharing their feedback as part of an organized effort. Ms. Fleming said she attended last week's meeting from beginning to end and listened to all the comments; some were more passionate in their delivery, perhaps a few stepped on a line of professionalism but there was no bullying. While Councilmember Fraley-Monillas' response was offensive and disappointing on so many levels, it was not surprising. She betrayed her position as a Councilmember by belittling and casting accusations at citizens she represents which Ms. Fleming found despicable and disappointing and was her own version of bullying those who have a different opinion or ideology than her own. She chose to defend her words in an Edmonds Beacon interview and rather than being forthright about it, she actually misrepresented what she actually said in the interview, with all the racism in Edmonds. Councilmember Fraley-Monillas also referenced a Indivisible Edmonds Facebook page and a conversation among people on that group about starting a list of all the people were signing a petition for Mayor Nelson to resign because of the complete mishandling of the chief of police hiring process. They mentioned people by name and profession, claiming their businesses would be boycotted as a result; Councilmember Fraley-Monillas' response was "seriously, no surprises with that pack of downtown rich white people." There was no way to Edmonds City Council Approved Minutes August 3, 2021 Page 5 take that out of context; Councilmember Fraley-Monillas showed her true colors, a completely biased comment for a Councilmember to have made. Ms. Fleming said she was a member of that Facebook page for five years and was removed after trying to explain why people felt the way they did regarding the chief of police issue. It is shameful behavior and unbecoming of an elected officials and let's not forget this in November. 6. APPROVAL OF CONSENT AGENDA ITEMS COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL MEETING MINUTES OF JULY 27, 2021 2. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS 3. ACKNOWLEDGE RECEIPT OF A CLAIM FOR DAMAGES FROM ALLEN, JULIA 4. BOARD/COMMISSION APPOINTMENT 7. UNFINISHED BUSINESS 1. RESOLUTION ADOPTING COUNCIL RULES OF PROCEDURE Main Motion COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, TO APPROVE THE COUNCIL RULES OF PROCEDURE. Amendment #1 COUNCILMEMBER OLSON MOVED TO AMEND BY CHANGING 3.2.A AS REFLECTED IN THE DOCUMENT SHE DISTRIBUTED, TO READ, "MAJORITY VOTE OR CONSENSUS OF THE COUN THE RE UEST OF THREE OR MORE COUNCILMEMBERS." Councilmember Olson explained 3.2 lists requirements for placing items on the agenda. She was proposing this change because in her experience something has to already in effect be voted on to even have a discussion on it. Changing the requirement from four to three would in effective give the minority a voice. She recognized at some point it was possible she would be part of a majority and she would still want the minority to be heard on issues that were important to them and the citizens they represent. Councilmember Olson suggested the paragraph below 3.2.13 be revised to read, "The Council President will make every effort to place the councilmembers requested items in B. 2-4 above on an agenda. If time is not available for the requested date, it shall be placed on the next available agenda." Councilmember Fraley-Monillas said she understood the reason behind it but had concern with not requiring a majority of Councilmembers to put something on an agenda, sometimes at the spur of the moment which has happened a lot this year. Having a majority vote by Council is more diplomatically correct than a minority vote. She asked if there were two separate amendments. Mayor Nelson suggested that would be most helpful. Councilmember Fraley-Monillas was unsure the proposed amendment was an appropriate way to put things on an agenda. As Council President for three years, she realized how frustrating it can be for Councilmembers trying to get things on the agenda, but the Council President is who determines the order Edmonds City Council Approved Minutes August 3, 2021 Page 6 or sequence of an agenda. A majority of Councilmembers can always change an agenda so she felt a majority should be required and not just three or more Councilmembers. Councilmember Buckshnis said anyone watching during the last two years has noticed the frustration of the 4-3 vote when a Councilmember wants to put something on the agenda and the Council spends 10-15 minutes bickering instead of putting an item on the agenda. For example, a decision was made not to put the March quarterly on the agenda, when it has been the citizens' wish to see the quarterly financial report. During the last couple of years the Council President seems to be using their authority instead of listening to the will of the committees or individual Councilmembers. She cited the reimbursement of Councilmember Olson as another example; she spent approximately 2,000 hours working on that over two years to get it on the agenda. It was actually a Council oversight issue that she will bring up in the reimbursement section. Due to the 4-3 voting, a lot of things are on the agenda that shouldn't be such as the Taste of Edmonds contract which has always been on the Consent Agenda. Mayor Nelson requested Councilmembers keep their comments to the topic at hand. Councilmember Buckshnis expressed her support for the amendment based on what she has seen the last couple of years, pointing out Councilmember Fraley-Monillas was allowed to provide a long explanation and she was doing the same and providing examples. Councilmember K. Johnson attempted to speak to the second amendment. Councilmember Fraley-Monillas raised point of order, stating since the Council was taking these one at a time, it was only appropriate to speak to the first amendment. Council President Paine asked if this was in compliance with Robert's Rules of Order. City Attorney Tom Brubaker answered Robert's Rules is generally designed to allow the majority to prevail and give the minority a voice. This is the Edmonds City Council's internal rules of procedure. Just as the Council adopts Robert's Rules, the Council can also modify them. The question before the Council is whether they want a minority of the Council to impact setting the agenda. Council President Paine concluded there was latitude within Robert's Rules. Mr. Brubaker agreed. Councilmember Olson commented this is the only place she was interested in changing a majority of 4 to 3. The Council President and the Council President Pro Tern are elected by a majority and it takes a Council majority to get anything on the agenda. In her experience during the past one year seven months and several worthwhile items suggested as agenda items, none of which have been put on the agenda, she felt like she was blocked. Therefore, all the citizens and residents she represents and that elected her have been blocked in effect as well. She encouraged the Council to support this change as it is imperative that it happen. Councilmember Fraley-Monillas began to explain the reason she supports requiring a majority vote. Councilmember K. Johnson raised a point of order, asking whether Councilmembers who have not spoken yet should be allowed to speak before Councilmembers who already spoke. Mayor Nelson agreed. Councilmember K. Johnson said 3.2.A requires a majority vote to get something on agenda. She has tried four times to get an item on an agenda this year and it has been blocked each time by the Council President although she did not believe a vote was taken amongst Councilmembers, and the Council President substituted her personal judgment. Council President Paine raised a point of order, requesting Councilmembers speak to the motion. Mayor Nelson ruled point taken and required Councilmembers speak to the motion and not make personal remarks. Edmonds City Council Approved Minutes August 3, 2021 Page 7 Councilmember K. Johnson said the problem she has experienced is similar to Councilmember Olson's experience, she has been unable to get something on the agenda and there is no mechanism available to her to get it on the agenda. The idea that a majority vote or consensus of the Council simply does not work because there is no process for doing that. Councilmember Fraley-Monillas recalled 2'/z years ago most votes were 5-2 or 4-3; she was on the minority side most of that year, but that is the process. She understood feeling blocked or that it was not democracy but she also understood policy and procedure. The same thing happens in the State Legislature, Congress, County Council, etc., that is the process to get something on agenda. It requires calling Councilmembers to explain the reasons for putting something on the agenda. She was on that side for nearly 2 years, being unable to move things forward and if she wanted to move something forward, she called Councilmembers to get votes. That is the process like it or not and those are the procedures on a national level. Maybe next year, the Council will flip in other direction. She understood the frustration at not being able to get items on the agenda but that did not mean the rules should be changed because a Councilmember could not get something on the agenda. If an idea is pertinent, it can always be brought up to the body and the full body can make decision via a majority vote to put something on the agenda. Unfortunately, there are a lot of items on the extended agenda. She suggested sometimes it takes a while to get things on the agenda. For example if there was an issue a Councilmember wanted on the agenda, the August 24' meeting is open. She concluded she understood how Councilmember Olson felt because she had been in her shoes multiple times but that is democracy at its finest Councilmember Buckshnis said the previous speaker may have mixed up the voting record versus getting things on the agenda. She has been on Council the same length of time and could hardly remember there being disputes about putting something on the agenda except during the last two years. She recalled in 2019 then Councilmembers Mesaros and Dave Teitzel attempted to put the salary survey information on the agenda but the Council President was not ready with the data. She did not care which side she was on when an item came to a vote, but if she had issues she wanted on the agenda, the Council President did not have the right to veto a committee's recommendation or decide not to put an important item on the agenda because the Council President should represent the Council not the Administration or their own personal agenda. Council President Paine commented there are times when she has to make decisions regarding the agenda. During the past year, there have been many opportunities to make motions to get things on the agenda at the Council meeting. Tonight was a good example and there have been other good examples such as the moratorium on building which was proposed at a Council meeting by a Councilmember. There are also times when it is more appropriate to do scheduling as a Councilmember such as special meetings or settings. Councilmembers are responsible for making those connections and getting things on the agenda by contacting the Council President. She preferred to retain the requirement for a majority vote for the reasons she stated; Councilmembers can get things on the agenda, but sometimes there is very limited room on agendas. Councilmember L. Johnson said in seriously considering this, she was looking for precedence. Parliamentarians and those who use Robert's Rules of Order as a guide, the procedure for adoption and adding to the agenda is a majority rule. There must be a reason it is set up that way, to have meetings run smoothly, and avoiding clogging up meetings with back and forth that prevents meetings from moving forward. She was unable to find precedence for adopting less than the majority for an agenda item. Councilmember Olson said the best point made tonight was it was done this way at the state and federal levels. She personally was not preparing for any of those roles; all she cared about was good outcomes from the process in the Edmonds Council Chambers. She has seen this be a block to that and there have been items that did not get put on the agenda for discussion. For that reason, this a very important change for good outcomes in Edmonds. She reiterated this was not for her personally or forever and acknowledged she Edmonds City Council Approved Minutes August 3, 2021 Page 8 got something added to the agenda tonight although it was at the end of the agenda and the Council might not get to it. She was hopeful since it was added to the agenda it would show up on the next agenda which did not happen the last time something was added during a Council meeting. She has and will accept majority votes and has and will continue to call around to get four votes when she is trying to get something on an agenda. She has not been successful in the past and has been blocked, to the detriment of the residents. She respectfully requested the Council approve the proposed change. Councilmember Fraley-Monillas agreed the Council wanted good outcomes for the people who live in Edmonds, but she also understood procedures. Although Councilmembers have said it did not happen before the last 1-2 years; it did and it happened to her many times. If the Council President doesn't make these decisions, the Council could just have a sign up list for agendas. The Council has to trust whoever they elect as Council President that they will do the best job they can and she believed Council President Paine has tried her hardest to do a good job, it is a very difficult job. She did not understand the purpose of changing this when the existing requirement is a majority vote. Action on Amendment #1 UPON ROLL CALL, AMENDMENT FAILED (2-4-1), COUNCILMEMBERS BUCKSHNIS AND OLSON VOTING YES; COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; AND COUNCILMEMBER K. JOHNSON ABSTAINING. Councilmember Olson commented the amendment to 3.2.13 was not relevant if the amendment was not made to Section 3.2.A. Amendment #2 COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND THE SECOND SENTENCE OF 3.2.11 TO READ, "THE COUNCIL PRESIDENT WILL MAKE EVERY EFFORT TO PLACE A COUNCILMEMBER'S ITEM AN 'TEA! rnrrNGI R0%1Ln BY CONSENSUS coo ,nrAJOPATA�- � ON AN AGENDA. IF TIME IS NOT AVAILABLE FOR THE REQUESTED DATE, IT SHALL BE PLACED ON THE NEXT AVAILABLE AGENDA. Councilmember K. Johnson said she understood the purpose of 3.2.A which in her opinion was at a given meeting. If a Councilmember is trying to get something on an agenda, she has seen Council Presidents put something on an agenda without a pre -vote or majority of the Council. The Council President should serve the Council and do their best to accommodate the wishes of the individual Councilmembers. As she stated previously, the Council President should not substitute their own judgment, but should work with Councilmembers to accommodate their individual needs and schedule. Councilmember Fraley-Monillas said the motion was not appropriate because it conflicts with 3.2.A. Councilmember Distelhorst expressed his confusion with the amendment to a handwritten amendment distributed by a Councilmember. He said 3.1 may speak to the Councilmember's motion when it is not related to requesting agenda items be added at a meeting but the preparation of an agenda which is covered under 3.1. He requested the motion be restated. Councilmember Olson said she did not perceive 3.2 as only during a meeting. She asked if that was what Councilmember Distelhorst meant, that 3.2 was only related to adding an agenda item at a meeting. Councilmember Distelhorst said "majority vote or consensus of the Council," could be interpreted either way but he was unclear whether the motion related to preparation of the agenda or during a Council meeting where a majority vote would be taken. Edmonds City Council Approved Minutes August 3, 2021 Page 9 Councilmember Olson said in her experience 3.2.A and 3.2.13 were the ways a Councilmember could try to get something on an agenda in advance of a meeting. Councilmember K. Johnson read 3.2, "An item for a Council meeting may be placed on the agenda by one of the following methods, A and B. Under B is a qualifying statement that the Council President will make every effort to place an item on the agenda." Her motion was to delete "Council approved by consensus or majority vote." It is the responsibility of the Council President to put items on the agenda and not take a vote before deciding whether to add it to the agenda. The qualifying statement also says, "If time is not available for the requested date, it shall be placed on the next available agenda." which Councilmember K. Johnson said is where the process has broken down. Councilmember Fraley-Monillas said the Council approves the agenda at every meeting. She reiterated this amendment conflicts which 3.2.A and allows items to be put on the agenda without authority whenever the Council President is able to put it on. She encouraged the Council not to support the amendment. Councilmember Buckshnis expressed support for Councilmember Distelhorst's suggestion for Councilmember K. Johnson's amendment to be added to 3.1 as she could see both points of view. The language in 3.2.13, "the Council President will make every effort..." meant the Council President should make every effort to support Councilmembers putting things on the agenda. Action on Amendment #2 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. Amendment #3 COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO AMEND SECTION 5.15 ONLINE MEETINGS, TO READ, "WHEN ONLINE MEETINGS OR ONLINE PARTICIPATION INA REGULAR MEETING ARE PERMITTED...". Action on Amendment #3 MOTION CARRIED UNANIMOUSLY. Councilmember Olson proposed adding a new paragraph under Section 10 regarding when an ordinance is proposed as an emergency ordinance, but does not meet the criterion for passage as an emergency ordinance. The way that has been handled in the past is not good process. Amendment #4 COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO ADD A NEW PARAGRAPH UNDER SECTION 10 THAT READS AS FOLLOWS: "WHEN AN ITEM IS BROUGHT FORWARD AS AN EMERGENCY ORDINANCE AND FAILS TO PASS BY UNANIMOUS VOTE, THE DISCUSSION HELD PRIOR TO THE VOTE WILL CONSTITUTE ONE OF THE TOUCHES OF THE LEGISLATION. IT WILL COME BACK TO THE AGENDA AT A FUTURE MEETING IF TO BE PURSUED AS A NON -EMERGENCY ORDINANCE, AS OLD BUSINESS." Councilmember Olson said when emergency ordinances have been passed, but not by a unanimous vote, the technique was to delete the word "emergency" and it became a regular ordinance that took effect in the usual number of days versus an emergency ordinance that takes effect immediately. However, the due process that is normally given gets lost in that approach to the detriment of good outcomes. The whole reason that something is typically introduced as New Business and then brought back as Old Business is to give Councilmembers time to be thoughtful about it and for residents to contribute their thoughts on the subject which is totally lost under the approach that has been utilized in the past. It would be in the Council's best interest to change that approach and formalize it as the amendment states. Edmonds City Council Approved Minutes August 3, 2021 Page 10 Councilmember Distelhorst recalled when this was brought up previously, he vote in support of having a section related to unanimous votes. He recall City Attorney Jeff Taraday said it was regulated by RCW and relevant caselaw. He was supportive of having something in the rules about this, but wanted to ensure it included necessary language and legal review to ensure it complied with the RCW and caselaw. He was interested in having Mr. Brubaker or Mr. Taraday work on that language. Mr. Brubaker said this may be the only place in the state statutes that apply to code cities where a unanimous vote is required. The issue is if a unanimous vote fails, what procedure does the Council undertake to continue to address the matter such as drop it entirely, move it to a subsequent agenda or adopt it that night as a non -emergency ordinance. It is up to the Council to determine how best to handle that. Council President Paine provided an example, an emergency ordinance is proposed and the Council has not had a lot of time to review it. The ordinance passes with a majority vote but not a unanimous vote. She asked if there was an opportunity for a 60 day review. Mr. Brubaker explained this is related to the powers of initiative and referendum, whether an action by the City Council is subject to referendum back to the voters. Most ordinance are subject to referendum, certain ordinances are not; one of those ordinances is an emergency ordinance if passed by unanimous vote. An emergency ordinance does not necessarily require a unanimous vote; but if there is not a unanimous vote, it may be subject to referendum. There are other ordinance that are exempt from initiative and referendum and can take effect five days after publication in the local paper. An emergency ordinance is generally effective immediately. Otherwise, ordinances passed by the Council are subject to referendum and citizens have 30 days from the date of passage to put together a referendum petition. Mr. Brubaker clarified the question, if an ordinance does not pass as an emergency ordinance, what happens to the ordinance — does it die, get amended and then potentially become subject to initiative and referendum or does is it placed on a future agenda for further discussion? Council President Paine observed if an emergency ordinance passes but not with a unanimous vote, it still passes but there is a delay in the effective date. Mr. Brubaker agreed. Council President Paine said the amendment would provide additional time to discuss it, but the Council can always bring ordinances back for discussion. Mr. Brubaker answered a majority of the Council or the Council President could bring the ordinance back based on these proposed rules. If an emergency ordinance fails to get a unanimous, it could still be a valid, but may be subject to initiative and referendum so the effective date is later. Councilmember Olson offered to withdraw the motion and revisit it next week after there has been further investigation. Action on Amendment #4 COUNCILMEMBER OLSON WITHDREW THE MOTION WITH AGREEMENT OF THE SECOND. Amendment #5 COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON, TO REMOVE THE ENTIRE SECTION 13, REIMBURSEMENT OF EXPENSES. Councilmember Buckshnis said in reading this section, it can be extremely subjective. There is a City expense policy that covers the City Council and that policy has been used for 20 years. She referred to the recent example, reimbursement of Councilmember Olson for the Pruitt investigation, that was disallowed because she did not get the data before the confirmation. She felt this section was added to the rules as either retribution or punitive and did not believe the Council needed rules that included language like "disallowed," "failure" or "neglect of the Councilmember." Councilmembers should understand their roles and responsibilities; most have had professional lives and should know what they are doing and what their oversight rules are. She did not believe Section 13 was needed. Edmonds City Council Approved Minutes August 3, 2021 Page 11 Council President Paine said this language as needed and did stem from the incident with Councilmember Olson. This section allows Councilmembers to be reimbursed if additional research is necessary. The current policy that Councilmember Buckshnis referenced is a good policy but it was intended to address the purchase of food, drink and other items for volunteer celebrations and did not address the specific needs of Council oversight work if fees are involved. She would object to using the existing policy due to the separation of powers; the Council is doing legislative work, this section is intended to support legislative work. The section includes a dollar amounts and includes a check and balance. She spoke extensively with Mr. Mr. Taraday about this section; it allows for equity across all the Council's oversight responsibilities and if a request exceeds the dollar amount, then it comes to the entire Council. The existing policy requires approval/disapproval by the Council President. She requested Council support for retaining this section. Councilmember Fraley-Monillas agreed with Council President Paine, commenting she has seen many cities get into serious trouble for spending money on inappropriate things or going over budget. While she was Council President, some of the things she signed were a surprising use of City funds such as requesting reimbursement for the use of an HOV lane and she did not think Councilmembers should have that level of discretion. The City funds are not the Council's personal checkbook but taxpayer dollars and it is important to limit spending. This is a check and balance for the citizens and taxpayers, therefore, she would not support the amendment. Councilmember L. Johnson appreciated the language in Section 13 which states for the first $250 of expenditures, the onus for appropriateness rests on the individual Councilmember making the expenditure and removes the Council President and Council from that which she felt was a great addition to the rules and would remove the Council President from reviewing small, minutiae items. After the first $250, the previous procedure would apply. Councilmember Olson said the City policy is clear that it must be an authorized expense and directly incurred in the role of Councilmember or employee. Councilmembers are considered City employee as is clear from the benefit package. The language regarding justifiable expense is in the City policy but the amount is not. She did not think Councilmembers should be encouraged to incur expenses. For example, she had been on Council over a year before she requested reimbursement and she has not requested any reimbursements since. She felt Section 13 was superfluous and not something that would arise often. The materials she distributed included an alternative amendment to Section 13, but she would support Councilmember Buckshnis' amendment to remove it entirely and possibly substitute reference to the City policy for employee reimbursement. Councilmember Buckshnis said she did not like Section 13.3 Reimbursement Process, because she believed the Council President should be informed of what Councilmembers are doing even though the Council President does not manage them. She could not think of anything Councilmembers needed to spend $250 on. The City policy is clear that City employees must provide receipts and information and must provide that information to their superior. This section appears to say the Council did not have to abide by that. As professionals, Councilmembers should understand their oversight roles and referenced the Council President's denial of a $367 reimbursement request for a report that some Councilmembers needed to vote appropriately since the agenda item was moved forward a week. Councilmember Fraley-Monillas raised a point of order regarding Councilmember Buckshnis' comments. Councilmember Buckshnis responded she was providing examples. Mayor Nelson suggested the examples not include such specificity regarding issues upon which there was disagreement. Councilmember Buckshnis continued, Section 13 was too subjective and there are sufficient City policies that Councilmember have complied with for many years. The City expense policy was reviewed in detail in 2014 and was similar to many other cities' expense policy. The City Council should not be elite and have different specifications for their expenses. Edmonds City Council Approved Minutes August 3, 2021 Page 12 Councilmember L. Johnson asked the City Attorney if Councilmember were City employees. Mr. Brubaker answered Councilmembers are elected officials and can be disciplined; the only way to be removed from office is to be recalled or unelected. Generally the policy is Councilmembers receive a monthly salary, reimbursement, and the benefit of the Public Employees Retirement System (PERS) and health insurance. Whether Councilmembers are actual employees is a more complicated question. Councilmember Distelhorst recalled when the Council discussed this previously, a lot of Councilmembers voiced appreciation for clarity and that documentation of policies and procedures would have been very beneficial when taking office. This section adds clarity to this document, especially around expenses that are not the day-to-day items related to the role of a Councilmember, but more discretionary spending that one Councilmember may see as relevant and another may not. This provides that guidance and takes away subjectiveness. He preferred to retain Section 13 as it would benefit current and future Councilmembers. With regard to whether Councilmembers are employees, Councilmember Olson, said Councilmembers were named as a category in that policy. Councilmember Fraley-Monillas said based on experience, she has seen all sorts of reimbursement requests from Councilmembers such as classes and training which would likely be under $250. Although she has not, some Councilmember submit reimbursement requests for mileage. The $250 is not tons of money and the intent is accountability to the public, otherwise there are no guidelines. This section is a good idea to ensure everyone is on the up and up, especially with what has happened in other cities around Edmonds. Action on Amendment #5 UPON ROLL CALL, AMENDMENT 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. Amendment #6 COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND SECTION 13.3 AS FOLLOWS: EACH COUNCILMEMBER SHALL BE CNTUI RQ 4:0 ASD19SCRIBEDIN13.I AB(M">;.TOSEEK REIMBURSEMENT FOR ALLOWED EXPENSES PER 13.1 ABOVE, THE COUNCILMEMBER SHALL SUBMIT A DESCRIPTION OF THE EXPENDITURE, AN EXPLANATION AS TO HOW THE EXPENDITURE SATISFIES THE CRITERIA FOR AN ALLOWED EXPENSE, AND SUFFICIENT RECEIPTS, STATEMENTS, OR OTHER DOCUMENTATION TO DEMONSTRATE THAT THE EXPENSE WAS ACTUALLY INCURRED. ' ANNUALTHRESHOLD, NO PREA PPROV A 1 OF THE EXPENDITURE 1S REQUIR1: -L'L PREAPPROVAL FROM GITV GOU NCI L WOULD B E REQU !RED ONGE THE $250 ANN"; A THRESHOLD S EXGCCTEiI TYiE DESCRIPTION, EXPLANATION, AND OTLi�tb 1T- 814ALL BE DEEMED APPROVED AND T14E EXPENSE REQUIEST, SHALL BE PAID UNLESS THE REQUEST 1S DISA-P-PROVED BY .'%- M-A-10-RI-TY PLUS ONE Or, COUNCILMEMBERS ARE CAUTIONED THAT SUCH EXPENSES INCURRED WITHOUT PREAPPROVAL AND EXCEEDING S250/ANNUALLY MAY NOT BE REIMBURSABLE DUE TO BUDGET CONSTRAINTS AND/OR THE JUDGMENT OF A MAJORITY PLUS ONE OF THE FULL CITY COUNCIL TO DISAPPROVE THE REIMBURSEMENT REQUEST EXCEEDING S250/ANNUALLY ONCE IT IS PULLED FROM THE CONSENT AGENDA. Councilmember Olson commented perhaps this was too wordy and she suggested it be amended. She asked if it still made sense without the second $250/annually. Edmonds City Council Approved Minutes August 3, 2021 Page 13 Council President Paine commented the $250 did not include travel or normal expenses. She anticipated an expense not being reimbursable due to budget constraints would come up during Council discussion. Councilmember Olson answered that was her intent, that an expense was not automatically disallowed if it was over $250 but that it would subject to budget constraints as well as to a vote of the Council and a majority plus one would be required to disapprove. Council President Paine said Section 13.3 says that by requiring preapproval, the fourth and fifth sentences states, "Preapproval from City Council would be required once the $250 annual threshold is exceeded. The description, explanation, and other documentation described above shall be placed on the consent agenda for approval, PROVIDED THAT when the council acts on the reimbursement request, it shall be deemed approved and the expense shall be paid unless the request is disapproved by a majority plus one of the full city council." She explained an expense would need to be pulled off the consent agenda for discussion by the full Council and a majority plus one would be required to deny the request. Councilmember Olson explained she was offering the amendment as a possible improvement. Councilmember Fraley-Monillas said the amended language is already in this section. She referred to the majority plus one to deny a reimbursement request and Councilmember Olson's earlier request that less than a majority be required to put an item on the agenda which she felt didn't make sense and was conflicting. She did not see the amendment as an improvement and would not support it. Amendment #6A COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER OLSON, TO AMEND TO RAISE THE THRESHOLD TO $400 FROM $250. Councilmember K. Johnson commented $400 would cover most situations but $250 may require a Council vote. If the Council adopts a policy like this, it should be as streamlined as possible. Council President Paine said she was uncomfortable with $400 because it is higher than what she anticipated would be tolerable. The proposed rule states anything above $250 automatically goes to consent and it requires a majority plus one to deny the reimbursement amount over $250. If the threshold was increased, the same process would apply. She anticipated $400 could create a budget issue. Councilmember K. Johnson raised a point of clarification, asking the amount Councilmember Olson requested for reimbursement that resulted in the creation of this policy. Councilmember Olson answered it was $337.90. She reiterated she had not requested a reimbursement before or since. Action on Amendment #6A 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. Councilmember Olson restated the amendment: AMEND SECTION 13.3 TO READ, "TO SEEK REIMBURSEMENT FOR ALLOWED EXPENSES PER 13.1 ABOVE, THE COUNCILMEMBER SHALL SUBMIT A DESCRIPTION OF THE EXPENDITURE, AN EXPLANATION AS TO HOW THE EXPENDITURE SATISFIES THE CRITERIA FOR AN ALLOWED EXPENSE, AND SUFFICIENT RECEIPTS, STATEMENTS, OR OTHER DOCUMENTATION TO DEMONSTRATE THAT THE EXPENSE WAS ACTUALLY INCURRED. COUNCILMEMBERS ARE CAUTIONED THAT SUCH EXPENSES INCURRED WITHOUT PREAPPROVAL AND EXCEEDING $250/ANNUALLY MAY NOT BE REIMBURSABLE DUE TO BUDGET CONSTRAINTS AND/OR THE JUDGMENT OF A MAJORITY PLUS ONE OF THE FULL CITY COUNCIL ONCE IT IS PULLED FROM THE CONSENT AGENDA. Edmonds City Council Approved Minutes August 3, 2021 Page 14 Councilmember Distelhorst commented staff will be working on the section regarding emergency ordinances and unanimous votes and suggested this amendment would benefit from typing it up and clarifying it. Action on Amendment #6 COUNCILMEMBER OLSON WITHDREW THE MOTION WITH THE APPROVAL OF THE SECOND. Council President Paine suggested the language in Section 10 be clarified and not require a law degree to figure out so Councilmembers and laypeople can follow the distinction between referendum, how emergency ordinances are adopted, and steps for reviewing an emergency ordinance a second time. Councilmember K. Johnson referred to Section 7 Public Testimony, pointing out 7.1.13 was not the Council's usual way of doing things, "If during a Regular Meeting an agenda item is before the Council for the first time and is not part of the consent agenda, public comment for that item will follow the staff presentation but precede Council review. Individuals may speak for three minutes or less." She asked City Clerk Scott Passey to explain the intent of this section. Mr. Passey explained this rule contemplated something was on the agenda for the first time and would give the public an opportunity to comment on something they have not seen before. He could not think of a situation where that would happen because of the way agendas are done and public comment occurs at the beginning. This rule may not be necessary at this point, but was included for Council consideration. Councilmember Fraley-Monillas asked who would be responsible for making the changes to the Rules of Procedure. Mr. Brubaker said Mr. Taraday will return to the office on Monday. He will do some preliminary work and send it to Mr. Taraday and Mr. Passey and hopefully have the revised rules on the agenda in the next 1-2 weeks. Amendment #7 COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO RECOMMENDED STAFF TAKE A SECOND HARD LOOK AT SECTION 3.5, RELATED TO HOW ORDINANCES ARE SCHEDULED. Councilmember K. Johnson pointed out there is a three step process outlined in 3.5, but she did not think it served the purpose if the first step was scheduling the item on the Extended Agenda. She pointed out an ordinance did not have a reading on the extended agenda, it was only the title. She preferred the first reading be at Council committee, the second at Council discussion and the third Council decision. The Council has used a three touch rule, using the committee system and discussion at one meeting followed by action at a subsequent meeting. Just putting an ordinance on the extended agenda does not satisfy the first touch because it is just the title with no content. Rather than wordsmith that section tonight, she preferred to have the City Attorney and City Clerk work on the wording. Councilmember L. Johnson commented the proposed amendment stated the three touches start in Council committee. That often works but not always and she found that very limiting because committees only meet once a month. She did not support the amendment. Councilmember Fraley-Monillas cited the importance of transparency and citizens input, relaying her preference that ordinances come to a full Council meeting where there is public comment versus a committee meeting where there is no engagement with the public. She did not support the amendment. Councilmember Buckshnis commented the committee structure has been marginalized and committee members voices are not heard. She recall ordinances being listed by the plat number instead of the real issue Edmonds City Council Approved Minutes August 3, 2021 Page 15 and said ordinances need to be more clearly defined versus just a file or plan number. She did not recall many ordinances that have had three touch/reading rule. She agreed this section needed to be clarified. Councilmember Olson said she had been looking for a place in the rules to put the three touch rule. That is the right way to do business when something is not time critical and the committee should count as one of the touches but if it does not originate in committee, the extended agenda may be sufficient. She asked if the motion was to work on this section. Councilmember K. Johnson said yes. Councilmember Olson relayed her support for the amendment. Action on Amendment #7 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. Amendment #8 COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO REMOVE SECTION 11. 3, "AS A MATTER OF COURTESY, LETTERS TO THE EDITOR, OR OTHER COMMUNICATION OF A CONTROVERSIAL NATURE, WHICH DO NOT EXPRESS THE MAJORITY OPINION OF THE COUNCIL, SHALL BE PRESENTED TO THE FULL COUNCIL AT LEAST 24 HOURS PRIOR TO PUBLICATION." Councilmember Buckshnis commented this is very subjective and she has seen Council Presidents write opinion letters. Councilmembers should know the breadth and liability the City may face if they write something incorrect. She recalled an instance a few years ago where the minority Councilmembers wrote to the DWFW which the Council should have sanctioned them for. She did not feel the specificity in this section was appropriate such as the 24 hour notice. Councilmembers are professionals and should understand their role. She has written opinion letters about the CIP/CFP; it was a minority opinion but she wrote about it to provide clarity. She concluded this section was unnecessary. Council President Paine supported retaining this section, noting when Council votes, it is their duty to support the voice of the full Council. Providing 24 hour notice to Council is a courtesy and is not a denial. If this section is removed, Councilmembers cannot write letters that are contrary to the majority opinion and after the Council votes, Councilmembers need to speak as one Council. She supposed this section could be read either way but this would allow some level of communication of an opposing position. Councilmember Fraley-Monillas pointed out this section did not say Councilmembers could not write a letter to the editor, just that it needed to be presented to the full Council first. The intent was not to keep Councilmembers from having their own opinions but to request a warning. She was okay with retaining this section. Councilmember Olson asked if this applied only to a minority opinion and not all letters to the editor. She felt 24 hours was unreasonable if it was for anything a Councilmember writes. Mr. Passey said this rule is rooted in the principal that the decision making authority lies within the Council itself and not individual members. Once a decision is made by the Council and a vote is taken, the issue should not be revisited. However, if a Councilmember in the minority and wants to revisit it, this section requires Councilmembers be given 24 hours' notice as a courtesy. Councilmember Olson relayed her understanding of Mr. Passey's explanation that it was not for all letters to the editor or all communications by Councilmembers, but regarding a Council decision. Mr. Passey answered yes, this implies a Council decision that may have been controversial in nature. Councilmember Olson suggested that be fully communicated when the rules come back to Council. Councilmember L. Johnson asked if something could be presented to full Council by email or does full Council entail a Council meeting. Mr. Passey answered it could be presented via email. He envisioned if a Edmonds City Council Approved Minutes August 3, 2021 Page 16 Councilmember planned to submit an editorial to the local paper, a copy or the substance of the letter would be provided to other Councilmembers. Councilmember Buckshnis referred to "other communication of a controversial nature," remarking she sometimes has to explain to people why she voted in the minority. She suggested the section state, "letters to the editor or editorials" and not include "other communication." She is often contacted by media who has a 10 a.m. deadline and provides a statement from the minority position. She felt this was getting too complicated on the fact that some Councilmembers have a minority position and she did not support notifying the Council 24 hours in advance. Mr. Passey suggested striking "or other communication." Councilmember Fraley-Monillas suggested it made more sense when reading all three sections together: 11.1 Once the City Council has taken a position on an issue, all official City correspondence regarding the issue will reflect the Council's adopted position. 11.2 Email, City letterhead, and related materials shall not be used for correspondence of Councilmembers representing a dissenting point of view from an official Council position. 11.3 As a matter of courtesy, letters to the editor, or other communication of a controversial nature, which do not express the majority opinion of the Council, shall be presented to the full Council at least 24 hours prior to publication. Councilmember Fraley-Monillas agreed with removing "or other communication." She said Councilmembers should be able to tell people why they voted a certain way when they are contacted. Action on Amendment #8 COUNCILMEMBER BUCKSHNIS WITHDREW THE MOTION WITH THE AGREEMENT OF THE SECONDER AS IT WILL BE HANDLED BY MR. PASSEY. Mayor Nelson declared a brief recess. Following the recess, Mayor Nelson relayed due to the late hour and in consultation with Council President Paine, the Landmark Tree Ordinance will be rescheduled for another evening and Temporary Policy Extending Emergency Sick Leave be moved before the 2021 Taste Edmonds Event Contract. 2. LANDMARK TREE ORDINANCE EXTENSION Due to the late hour, this item will be rescheduled. 8. NEW BUSINESS 1. COUNCIL ACTION REGARDING INITIAL VACATION ACCRUAL RATE FOR A WWTP PLANT SUPERVISOR CANDIDATE Public Works Director Phil Williams explained there is a terrific candidate for the WWTP Superintendent. In discussing an employment offer, the candidate has requested and staff is hoping to offer vacation accrual commensurate with his 24 years of experience in the wastewater industry. He requested the offer letter to the candidate allow him to enter the City's vacation accrual system at that level. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO AUTHORIZE THE MAYOR TO OFFER THE SELECTED APPLICANT THE OPPORTUNITY TO EARN 25 DAYS OF ANNUAL VACATION BASED ON THE EDMONDS CITY CODE CHAPTER 2.35.030. Councilmember Buckshnis assured the public that this was not creating a precedent, it was not a unique situation and has been done in the past. Mr. Williams agreed. Edmonds City Council Approved Minutes August 3, 2021 Page 17 Council President Paine pointed out the City has been searching for this candidate a long time. Mr. Williams said the search has lasted three years. MOTION CARRIED UNANIMOUSLY. 2. TEMPORARY POLICY EXTENDING EMERGENCY SICK LEAVE HR Director Neill Hoyson commented this is an extension of the emergency sick leave first provided under the FFCRA required by the federal government that expired December 31, 2020. At staff s request, Council previously agreed to extend the emergency sick leave provision of the FFCRA, the 80 hours of emergency sick leave, through June 30'. Due to the Delta variant and a significant uptick in employees who have contracted COVID or have had to quarantine due to exposure, she requested the emergency sick leave be extended through December 315t. It does not provide an additional 80 hours; it is the same 80 hours that all employees had access to from April 2, 2020 through December 31, 2021. If an employee has already used the 80 hours, they do not have access to it again. Councilmember L. Johnson said a six month extension from today's date would extend it through January. She expressed interest in setting a date that would get through February and the cold and flu season. Ms. Neill Hoyson advised it would be retroactive to the date of the expiration of the previous extension, June 30th, so a 6-month extension would be until December 315t. The Council could chose to propose a further extension. Council President Paine proposed a nine month extension that was retroactive to the expiration of the previous extension to get through the flu season and COVID variants. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO ADD A WHEREAS CLAUSE REGARDING THE RETROACTIVE NATURE. Councilmember Olson suggested the whereas clause read, "The proposal is retroactive to the expiration of the June 30, 2021 extension in Resolution 1466. She pointed out the narrative did not state that this was retroactive and requested that information be included in the packet in the future. MOTION CARRIED UNANIMOUSLY. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO EXTEND THE RESOLUTION, INSTEAD OF 6 MONTHS, FOR 9 MONTHS THROUGH MARCH 31, 2022. Councilmember Olson said she understood the thought process and the challenge to find room on the agenda for items, but if there was a change in COVID, there may be things from the State and it would be the Council's prerogative to revisit this and approve another extension at that point. She preferred to be conservative and retain the six months extension proposed through December 315t and have HR come back if a further extension was necessary. Councilmember Fraley-Monillas asked if this was only for COVID. Ms. Neill Hoyson answered yes. Councilmember Fraley-Monillas offered her support for a nine month extension, acknowledging it could be canceled sooner if it looked like COVID had run its course. Council President Paine point out if this expired December 31, 2021, the Council did not meet in the latter part of December. Edmonds City Council Approved Minutes August 3, 2021 Page 18 Councilmember Distelhorst pointed out there is information in the resolution related to any new federal legislation. Ms. Neill Hoyson agreed, commenting there is currently no federal legislation reinstating the FFCRA that would apply to Edmonds, but if there was, the City would shift and be compliant with it. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO PASS A THE TEMPORARY POLICY EXTENDING THE EMERGENCY SICK LEAVE AS AMENDED. MOTION CARRIED UNANIMOUSLY. 3. 2021 TASTE EDMONDS EVENT CONTRACT Parks, Recreation, Cultural Arts & Human Services Director Angie Feser explained she was presenting the 2021 Taste Edmonds event contract for Council consideration to authorize for the Mayor's signature. This item was presented to the Parks & Public Works Committee on July 13' and recommended for consent, but there were some concerns by City Administration about the event due to the new location and programming changes requiring more detailed information/clarification, which has since been added to the attached contract. Tonight's presentation is intended to highlight those changes. Ms. Feser displayed a site plan for the Taste of Edmonds, renamed as Taste 21 this year. This is a three-day music festival with a 2-acre beer garden, and food trucks which is a primary fundraiser for the Edmonds Chamber of Commerce to provide free annual community events such as 4' of July Parade & Fireworks Show, Edmonds Classic Car Show, Halloween Trick -or -Treat Night and the Tree Lighting Ceremony. It also provides for thousands of dollars of donations for local non -profits & service clubs. She reviewed: • Changes from last event 2019 1. Event location o From Civic Park to Frances Anderson Center Field (20%) due to construction of Civic 2. Event Programming o From a Family event to a 21+ only event o Increased size of beer/wine garden o Size: From 65,000 square feet to 95,000 square feet o Capacity: From 4,000 to 5,000 people 3. New policy legislation o Roles of Edmonds Police/Event Security different ■ The new expectations of policing legislation focuses on a reduction of police interactions that might result in potential uses of force by law enforcement. This can significantly change the roles of both police and security personnel for the event. • Event contract items 1. Increase insurance coverage — new for all city -sponsored events with alcohol 2. Amplified sound as per ECC 5.30 3. Event safety plan — Edmonds Police Department review 4. Other requirements o State of Washington Liquor & Cannabis Board license o South County Fire Food Vendor & Festival requirements o Snohomish County health Department — food rucks o Federal state and local COVID guidelines Next steps o Forward to August 17 regular meeting consent agenda or approve tonight Councilmember Olson thanked Ms. Feser for working with the Chamber to make this happen. Everyone has seen this year what a huge community partner the Chamber is and how many Edmonds events are Edmonds City Council Approved Minutes August 3, 2021 Page 19 actually conducted by the Chamber. She appreciated everything the Chamber brings to the community. She thanked the neighbors who have historically been around the Taste for their patience and tolerance to help make money to support all their good deeds. She also thanked the neighbors around the Frances Anderson Center in advance for their tolerance and patience. The Chamber brings so much to the community and she appreciated the neighbors' sacrifice. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO ACCEPT THE EVENT AGREEMENT BETWEEN THE CITY OF EDMONDS AND THE CHAMBER OF COMMERCE FOR TASTE EDMONDS AND TO APPROVE IT TONIGHT. Councilmember Buckshnis questioned why a presentation had been necessary and hoped it was a great event for the Chamber. Councilmember L. Johnson asked about the current COVID guidelines for an events like this. When it came to committee, there was the impression at that time if everyone was vaccinated, that would be protection enough and since then there have been other findings. In the interest of avoiding a super spreader event, she asked about the State's guidelines and/or additional measures to reduce partying, drinking and spreading. Ms. Feser advised the federal CDC, state and Snohomish Health District guidelines have been changing in the last few weeks, but primarily related to indoor activities and behaviors. There are currently not a lot of guidelines for outdoor events such as enforcing mask wearing or vaccinations. The way the contract is written, if anything changes, they must adhere to all the guidelines as of the date of the event. She assured staff would be watching those closely for the safety of the community. MOTION CARRIED UNANIMOUSLY. 4. PAUSE THE BIASMATE PORTAL Councilmember Olson expressed her appreciation to Mayor Nelson for being a person and leader who cares about hate and bias in the community. However, she believed the portal implementation had real issues related to privacy for people who have had reports filed on them or for them or naming them because everything on the portal, unlike things reported to the police, are subject to public information requests. There is no due process for having been named in a report and by virtue of having your name in this without any truth or veracity, it might end up being a reputational problem for someone and impact things like employment or applications to school. One of the concerns that has been voiced, almost exclusive by people who have lived in countries with government overreach, is the use of lists generated in similar ways against their citizens and having their neighbors be the eyes and ears of the government to report on them. She found the portal problematic for those reasons. In response to a Councilmember's earlier question about how much vetting had been done, as a member of the public listening in to Diversity Commission meeting, Councilmember Olson said knew it had been considered by a subcommittee, but it had not gotten out of the committee at the time it was implemented. If it had gotten out of committee, it would have come to the full Diversity Commission and been voted on as an official recommendation. Had it become an official recommendation, by code it would have been brought to the Mayor and the Council, another opportunity for vetting because everything that comes to Council is a public process that allows public input. Some of that weighing in happened during public comment and should be factors to consider whether this should go forward. At a minimum she recommended immediately pausing the portal. A future presentation could include legal analysis of whether there were due process and privacy issues and to hear from citizens before the Council considered it further. At this time, the City is setting itself up for possible liability and unintended consequences that have not been fully thought through. Edmonds City Council Approved Minutes August 3, 2021 Page 20 COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO PAUSE THE BIAS AND HATE REPORTING PORTAL UNTIL FULL VETTING AND LEGAL ANALYSIS IS CONDUCTED. Council President Paine said while she appreciated the motion, she asked that the pause be delayed to hear the Diversity Commission's comments about the portal at their meeting tomorrow, to allow them to complete their process and to hear what the Diversity Commission wants done with the portal. She agreed a presentation needed to be provided at some point but it was premature until more was heard from the Diversity Commission. Councilmember Buckshnis said she totally disagreed with Council President Paine. She believed the portal should be paused until the Diversity Commission comes forward. She spoke with a number of members who expressed concern with how it suddenly materialized on the City's website. She agreed the Mayor had the right to this administrative duty, but the City could be liable. She worked in Lithuania and Kazakhstan, both post -communistic countries, and knew what it was like to be a snitch or spy on your neighbor. There are too many ramifications from improper use and a number of examples have been provided. She supported the pause occurring tonight and remaining in effect until the Diversity Commission makes a recommendation, noting the Diversity Commission has not yet completed their vetting process. Once that vetting occurs, it can be presented to Council and Council can decide whether to reinstate the portal. She concluded at this juncture she believed it was dangerous for the City. Mayor said Council will refrain from language "dangerous for the City." Councilmember K. Johnson expressed her 100% support for a pause. She did not want to wait for the Diversity Commission and wanted to pause it now and to have a legal analysis done as soon as possible. She believed this was the wrong direction and knew this was not a recommendation of the Diversity Commission. It appeared for the first time in their annual report as something they were thinking about and the next thing we know, it was activated. She reiterated her support for pausing it tonight. Councilmember L. Johnson said in doing her own research to understand how such a portal could be used and who might recommend it, she came across CAPAA, Washington State Commission on Asian Pacific American Affairs. One of the things they specifically state in addition to writing down all the details of an incident and contacting the police if it is criminal, is that state, county and city governments and other organizations often have a place to report. On their site, they include some of these locations such as Seattle and King County. Further research found that Philadelphia, Eugene, Portland, New York City, Eden Prairie, Minnesota, Spokane, University of Washington and almost every other university have this. It is something that is recommended by groups that work to combat hate and come up with ways to document so we know where to put resources toward combating this. With regard to the legal question, Councilmember L. Johnson said all these cities wouldn't have it if there were the legal concerns that were voiced at the previous Council meeting. She asked the City Attorney if there was something that justified shutting it down tonight due to questions of legal jeopardy or was this a matter of educating the public and possibly finetuning this resource. City Attorney Tom Brubaker said he was not sure if there was or was not legal jeopardy; he could not guarantee a lawsuit wouldn't be filed. It was his understanding that a person goes to the portal, files a complaint, and it just stays there and is not published in a way that is broadly open to the public simply by filing a complaint. It is possible a person could make a public records request and find out who has been complained about. His opinion was it was not likely the City would incur liability but more research needs to be done to be certain of that. Mr. Brubaker explained the Mayor is the chief administrative officer of the City and as such, he established this portal. In his opinion any vote the Council took would be advisory to the Mayor because he has chosen this, the same as someone could report a pothole complaint. There may be other avenues open to the Council in terms of setting ordinances and policies, but he did not think the Council could simply order the duly Edmonds City Council Approved Minutes August 3, 2021 Page 21 elected chief administrator of the City to stop performing an administrative task. He had not had an opportunity to talk about it in detail with Mr. Taraday and was uncertain he would agree but thought that he would. He was relatively comfortable stating this opinion having been the City Attorney in Kent for 27 years and having taught municipal law at Seattle University School of Law. Councilmember Olson said she definitely wanted to hear from the Diversity Commission as well as learn the parameters other cities with portals have in place and who evaluate reports that are made. She was also interested and curious to explore further what Mr. Brubaker said about this being strictly an administrative role and something the Council cannot adopt policy on and demand a pause. In the past, it seems like the Council has been given guidance that Council majority can affect policy and if the Council wants a policy that the City does not have a reporting portal until it has been fully vetted, it seems they should be able to do that. In her opinion this was time critical, and until it was fleshed out and carefully implemented, it should be stopped. It is a week later than she wished the stop had happened. The public records request mentioned earlier is the private issue she referred to; anyone that submits a public record request search by name will receive information about every time someone filed a report about them which is a huge problem. There is a lot to be done to make this something that is safe and that works for the community who are coming out in large numbers very upset by this. She reiterated the people most upset are those who have lived in places where systems like this have been used and abused, not just communist, but also totalitarian, fascist, and right wing. She assured she was not making a political comment, but highlighting how this could be a problem. This issue is critically important and time critical. Mayor Nelson reminded the Council that we are not communist, fascist, but a democratic elected institution. Mr. Brubaker said he was not commenting on the content or the substance of the motion, he was trying to address the separation of powers issue. Councilmember Fraley-Monillas said she understood the Diversity Commission having been the liaison for five years. She agreed if the Council was not comfortable that enough research had been done, they should request more be done. She was very disappointed that the portal had been used as a joke and said that was not what the portal was for. People may not understand that you can call the police and file a report on someone they feel did something discriminatory toward them and that stays on the permanent record even the person is found not guilty. She recalled people speaking to the Council about documents that still exist even though charges have been dropped. If people think the portal is problematic, it can be done in different ways. The portal is nothing more than could have been two weeks ago by contacting the police. Whether the police investigates or not, it stays on file and if someone did a public records request by name, the information would be there. Councilmember Distelhorst said as the liaison to the Diversity Commission he is not involved in the development of anything, and was not involved in the creation, development or recommendation of the portal. He has listened to some of the discussion on the commission and heard about instances in the community where people are called racial slurs and racial epithets and it is not a crime because there is no threat of violence. This is a problem in the community, it is a problem with his coworkers in his day job who are called racial slurs and are discouraged from reporting it because it's not a hate crime according to the RCW. Edmonds College has a bias incident hate crime reporting; if you see something say something. After last week's Council meeting, he started researching this and began receiving ads on Facebook for the Department of Homeland Security, see something say something, report incidents. Councilmember Distelhorst said these issues cannot be addressed if we don't know they're happening. This is not a snitch list, not McCarthyism, not a communist, totalitarian, fascist, Nazi country like some people said last week; this is a country where people should be able to live free from being called racial slurs and being discriminated against. If we don't know about it, we're covering it up and can't address it. He recalled seeing at an Edmonds School District school a statement on equity, anti -hate, anti -bias and anti- discrimination on their window and when that happens in an Edmonds School District school, they stop the Edmonds City Council Approved Minutes August 3, 2021 Page 22 lesson to address it. Elected City leaders should be no different; when they see bias or discrimination in the community, they should stop it. Anyone can say anything they want in an email to Council or during public comment and it is a matter of public record; it doesn't have to come through a portal, it can be an email or written letter or someone making a statement at the podium as people did last week. That does not change the nature of public records. Councilmember Distelhorst emphasized issues in the community, schools, businesses, nonprofits, government or in policies cannot be addressed if we don't know about it. We have to know what's happening to make it better. There is a Find It Fix It app in Seattle for potholes; someone can take a picture of a pothole and ask the city to fix it. Sometimes he needs to take a picture of racism and say please come fix it. He looked forward to the discussion at the Diversity Commission tomorrow night because this happened in between their meetings and the Anti -Hate Town Hall. He was interested in learning from the Administration whether things could be tweaked or improved, but this knee jerk reaction to dismiss the lived experiences of people in the community who are hurting and being discriminated against is sad and disappointing especially for a City Council that recently passed a Safe City Resolution about promoting equity and inclusiveness and making sure that people can live here free of discrimination, free of racism and free of bias. This is an opportunity to stand up for that. Councilmember L. Johnson said Councilmember Distelhorst said it better than she could have and she concurred 100%with his statements. A MOTION WAS MADE BY COUNCIL PRESIDENT PAINE AND SECONDED TO EXTEND TO 10:20 P.M. MOTION CARRIED (6-1), COUNCILMEMBER K. JOHNSON VOTING NO. (Councilmember K. Johnson left the dais at 9:59 p.m.) To Councilmember Distelhorst, Councilmember Buckshnis said no one disagrees with him, the issue that many people have is that it had not been properly vetted. The portal was put up and she believed that it was a policy issue and that there could potentially be a liability and therefore should be reviewed in more detail. Even though other cities have anti -hate portals, there is no information that compares those cities to Edmonds. She was provided four examples of how the portal had been used improperly and she preferred to be safe rather than sorry. As a legislator, she was aware of the separation of power, but said there was also a policy issue and a potential liability issue. With potential liability in the past, the City goes err on the side of caution. She was moving to the side of caution and preferred to pause the portal until it was completely vetted. She has seen the portal used as a joke and has seen terrible things said about a City employee; the portal is just not working the way it was intended and should be stopped. Councilmember Olson said she was not dismissing hearing from the people on this subject. There are better approaches, possibly starting with a quarterly town hall meeting, or a segment in the Diversity Commission meeting where things are discussed. She agreed with the need to know and that the City probably hasn't known about issues in the past due to a lack of effort. She thanked Mayor Nelson for bring this to the forefront, having this conversation on a regular basis and hearing from people and maybe identifying different ways that are beneficial but do not have a downside. With regard to public records, there is a different system for the police. Until there is a court case, those documents are not available via a public records request so making a report to the police is different. She felt very strongly about this and recognized it may come back to this exact same approach, but the City was not ready for it now and she prefer to err on the side of caution. Council President Paine completely agreed with Councilmember Distelhorst as well as the need for additional discussion about policy background and what the program will look like because that is essential for broader community and Council understanding. She wanted to honor the Diversity Commission and allow them to discuss this tomorrow night. Edmonds City Council Approved Minutes August 3, 2021 Page 23 COUNCIL PRESIDENT PAINE CALLED THE QUESTION. UPON ROLL CALL, CALL THE QUESTION CARRIED (6-0-1); COUNCILMEMBERS K. JOHNSON, DISTELHORST, BUCKSHNIS, OLSON AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; AND COUNCILMEMBER FRALEY-MONILLAS ABSTAINING. Councilmember Fraley-Monillas raised a point of order, commented it was very disruptive to have a Councilmember leave in the middle of the meeting, sit in the hallway and bounce in and out to vote. She felt that was inappropriate and that the Councilmember's vote should not be counted. Mayor Nelson asked Mr. Brubaker to comment. Mr. Brubaker said Councilmembers leave the dais to address any number of issues. Councilmember K. Johnson did not state that she was leaving the meeting or terminating her participation for the evening. He recommended she return to the dais if she wanted to vote. (Councilmember K. Johnson returned to the dais at 10:06 p.m.) UPON ROLL CALL, MOTION FAILED (3-3-1); COUNCILMEMBERS K. JOHNSON, BUCKSHNIS AND OLSON VOTING YES; COUNCILMEMBERS DISTELHORST, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO; AND COUNCILMEMBER FRALEY-MONILLAS ABSTAINING. 9. COUNCIL COMMENTS (Councilmember K. Johnson left the dais at 10:07 p.m.) Councilmember Buckshnis announced there would be another work party for the marsh restoration/clean up on SR-104 from 10-12 p.m.. She suggested volunteers bring boots or waders. Volunteers are making great progress at two work parties. She will bring WSDOT forms to fill out and volunteers can contact Joe Scordino. Councilmember Olson advised the marsh work party Councilmember Buckshnis mentioned is on Thursday from 10-12 p.m.. She relayed it was a huge honor for Edmonds to be chosen by the Blue Heron Canoe Family for their canoe welcoming and launch last Sunday and Monday. It was a very special thing to be part of and she asked everyone in Edmonds to keep them in their hearts and minds during their upcoming two week journey on the water. Councilmember Fraley-Monillas commented two people called in tonight to take what she believed were political shots at her in particular because it is an election year. A radio talk show encouraged people to come and face her down. She found it really inappropriate and offensive during an election period. She asked Mayor Nelson to find out where they live and if they start talking about the election, that he call them out of order. Council President Paine recalled last week the community provided two hours of comments and a sense of where they were at. Some of the comments were pointed, derogatory and used some very strong extreme language. She reminded the public that this has been a very long pandemic and if 1918 is any example, we may only be half way through this. The pandemic has taken a big toll on everyone and many people including businesses and Councilmembers feel overwhelmed. Councilmembers care deeply about community which is the reason they ran for office and why the community supported them. She encouraged the public to recognize that everyone in the community cares, the City has a terrific volunteer core that cares deeply about the community and are all looking to do good for the community. Council President Paine referred to a breach of decorum last week by a Councilmember's comment about the ARP funding. The Council already voted on that issue and Councilmembers should speak with one Edmonds City Council Approved Minutes August 3, 2021 Page 24 voice. Talking about transferring funds from one place to another is not appropriate and she would appreciate it if that Councilmember followed the appropriate guidelines and spoke with one voice. Councilmember L. Johnson recognized and thanked the many citizens who came out today to gather outside peacefully, safely and respectfully with messages such as kindness is not exclusive, Edmonds is for everyone, support housing diversity and affordability in Edmonds, love thy neighbor no matter their credit score, affordable housing now, be civil, and many messages stating that Black lives matter. She thanked them for remaining respectful to all the members of communities and respectful of the fact that we are still in the middle of a pandemic. Councilmember Distelhorst expressed concern with the large crowd in Council Chambers last week that was largely unmasked and a news article that a large crowd at a Lynnwood City Council meeting resulted in a COVID exposure. He hoped unmasked people who were in close quarters at last week's meeting had been or would get tested to ensure there were no exposure events last week. Case rates for Snohomish County are very high again and he encouraged the public to get vaccinated, get tested if they were feeling sick and go through the proper contract tracing protocol. He cautioned it could get bad again if people are not taking the necessary precautions which statistics say they aren't. Student Rep Roberts reported not surprisingly COVID cases continue to rise; recently released statistics from the Snohomish Health District show the county has 198/100,000 people, higher than when the pandemic began in March 2020. People need to wear marks indoors again and everyone needs to get vaccinated. A year and a half into the pandemic and it still hasn't been controlled. Individualism needs to be put aside and we need to work together as a community to end this once and for all. Business owners are struggling, kids are struggling with learning, healthcare workers are scared for their lives; to act carefree is an insult to them. Student Representative Roberts was appalled at what he saw last week, behavior that was disgraceful, uncivil and embarrassing. He rewatched the public comment portion of the meeting and heard Councilmembers called a cancer, communist, Nazi, Marxist and fascist. Many members of the public have children, grandchildren, nieces and nephews; he asked if they would be proud to have them see that behavior and if it was behavior they wanted to model to youth. He pointed out what the public said last week was a permanent record and will be kept by the City according to the Open Public Meetings Act and anyone including potential clients, employers and education institutions can go to the recording and watch. He was found it unbelievable that a teenager had to tell this to grown adults; watch what you say and do, calm down, think before you act, be civil and be an example for everyone in Edmonds. With regard to the anti -hate portal, Student Representative Roberts asked what other way there was to document incidents of hate, discrimination and bias. How could his mom report being called a racial slur multiple times while walking. These incidents cannot go unreported; it is up to us to call it out and end it. He reported he had a fun time Sunday immersing himself in African American culture with Councilmember Distelhorst at the Nubian Jam Festival in Everett. People exposing themselves to different cultures is critical to learning the importance of different perspectives and diversity and he hoped Edmonds would have a similar event in the future. Student Representative Roberts announced the Youth Commission is seeking applicants for four open positions. Applications are available on the Youth Commission page on the City's website. High school students are encouraged to get involved and apply. He gave a big kudos to Edmonds Police Department officers for serving the community in an empathetic and professional way throughout the pandemic. He rode along with two officers and saw the work of another officer and was impressed with how they handled situations involving danger, individuals in crisis and traffic stops. He was also stoked to see the collaboration with human services. As the City heads into the selection of the new chief of p- "(-e_ he reminded everyone to treat each other with kindness. Everyone wants what's best for Edmonds Edmonds City Council Approved Minutes August 3, 2021 Page 25 to us to foster civil and constructive discussions. As Abraham Lincoln once said, a house divided cannot stand. Be kind, keep wearing masks indoors, wear sunscreen and enjoy the beautiful weather while it lasts. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, TO EXTEND FOR 5 ADDITIONAL MINUTES TO 10:25 P.M. MOTION CARRIED UNANIMOUSLY. (Councilmember K. Johnson was not present for the vote.) 10. MAYOR'S COMMENTS Mayor Nelson said he wanted to comment on what happened at last week's City Council meeting, but he wanted to wait until after the polls closed because there is some relevancy. Last week packing of the Council Chamber was part of an organized effort by a partisan campaign to bully and harass specific elected officials and City staff by a local City Council candidate's campaign. They began gathering outside at 5:00 and were seen drinking beforehand. These candidate supporters called elected officials fascists, communists, and even identified the personal vehicle of a Councilmember they targeted. They repeatedly called out their opponent and the candidate's campaign manager shouted and pointed from the podium that he was coming after Councilmembers. They threated and demonized City staff and certain elected officials. Mayor Nelson referred to civility, pointing out there is a difference between expressing anger over neighborhood traffic problems and calling democratic elected officials Nazis. There was no condemnation or apology from the candidate for this extremist conduct, but equally as troubling was the silence of current and former elected officials and many members of the community who support this candidate. He asked where was the civil police, the moral outrage from the civic leaders thumping their chests for non- partisanship and civility. Their lack of public condemnation clearly demonstrates this type of conduct meets their approval. If one choses to be kind only to people they agree with and not those they do not agree with, it defeats the purpose. Selected civility is not civility. Last week's Council meeting ended with some Councilmembers thanking these extremists for their comments. Councilmember Olson raised a point of order, commenting elected officials were not allowed to talk about elections during campaign season and even though the primary election is over, it is still campaign season. Mayor Nelson said he was not talking about any elections, he was now talking about the reporting hate portal. Mayor Nelson said long after the hate rallies are gone, the hate work must continue. Rallies alone will not change someone's hatred of someone else. The best way to inform the community is to have something they can be informed about and that is data. Many organizations have studied this issue; he quoted from a report, Policy Spotlight: Hate Crime Laws, whose partners included the Anti -Defamation League, the Matthew Shepherd Foundation, the Southern Poverty Law Center, National Council of Jewish Women and many others, "improving data collection can help connect people impacted by hate crimes to resources and support. More robust data can also support more tailored responses to hate violence, tracking potential disparities or bias, and enforcement of hate crime laws and evaluate the efficiency of responses to hate crimes. For any such data collection to occur, individuals who experience hate crimes must chose to report these experiences. The process for reporting hate crimes should be as simple and safe as possible. Programs like community or state hotlines where people can report their experiences and be directed to available resources can help lower obstacles to reporting and increasing access to needed support." Mayor Nelson said the problem is not that there is too much reporting to government; the problem is there is there are not enough people reporting. Yet in Edmonds people seem to be outraged that the City is trying to collect data. A CNN story last year entitled, "Why Hate Crime Data Can't Capture the True Scope of Anti -Asian Violence" reported that victims of hate crimes are often unlikely to report to the police due to long standing distrust of law enforcement, language barriers, and immigration status are all deterrents for reporting a crime. There are community members who say stop Asian hate but don't make it easier to report Edmonds City Council Approved Minutes August 3, 2021 Page 26 Asian -hate incidents. A Police Chief magazine stated "the hate crime reporting gap; low numbers keep tensions high. From Ronald Davis, Director, Department of Justice, Office of Community Oriented Policing, "250,000 hate crime victims each year and only a third of them reported. There are more victims than there are crimes reported." How do we know that? One of the most accurate surveys done by the Department of Justice Bureau of Justice Statistics, the National Crime Victimization Survey, tells us that. There are exponentially so many more people who are victims of these crimes and they are not reporting them. Instead of being outraged for not doing more to make it easier to report the incidents, Mayor Nelson said the City is ridiculed and condemned for making it easy to report something that is known to be hard to report. Nazi swastikas recently appeared in a neighborhood park. City government officials and staff were called Nazis for trying to make it easier to report on Nazis which he said did not make any sense. Hate crimes are one of the most unreported in our-eountry, yet some citizens are making a mockery of attempting to address the real problem facing every community. He hoped Council and community members would condemn this extremist, divisive behavior in all its forms moving forward. He will not be silenced by those who want to pedal fear and intimidation and will continue to be the voice for those who do not have a voice. Everyone needs to be civil whether they are doing political rhetoric or not and what was demonstrated last week was not political rhetoric, it was uncivil behavior that has no place in Council Chambers. The City has made it easy to report hate incidents and he believed the portal would be kept up and running for as long as needed. 11. ADJOURN With no further business, the Council meeting was adjourned at 10:24 p.m. M!C AEL NELSON, MAYOR kotr PASS EY, Cl CL R Edmonds City Council Approved Minutes August 3, 2021 Page 27 Public Comment for 8/3/21 Council Meeting: From: edmondskar@aol.com Sent: Tuesday, August 3, 2021 2:59 PM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Letter for City Council Meeting 8/3/21 regarding Trees I am writing regarding the Landmark Tree Emergency Ordinance extension which will be discussed at tonight's City Council meeting. In the Council Agenda Packet I did not see a reference to how long this extension is proposed for. As you will recall, the Emergency Ordinance went into effect March 2, 2021 with an expiration date of September 2, 2021. The Council has had 6 months to deliberate on this. Homeowners that did not rush to have their trees taken down immediately upon hearing of the proposed Ordinance, have now had 6 months to wait for Council's decision. I believe that the tree ordinance is best addressed as two separate issues - one with developers that have purchased a lot(s) for the purpose of developing it, and one for homeowners that wish to exercise their private property rights and remove a tree(s). Issue 1 -Landmark Trees situated on property proposed to be developed. Approve an extension if needed to make an informed, considered decision, and generate language to ensure the parameters for tree removal are as stringent as possible to retain our tree canopy. Developers do not have a stake in retaining individual trees like homeowners do. They are not considering the benefits of beauty and livability to a neighborhood. For them it is strictly a financial decision - less trees means more space to build larger or more homes. It appears that it is the developers who are removing the majority of the trees on a lot. Furthermore, as has been observed in other areas that have imposed a choice of replacement trees or penalty fees of some sort on developers - the developers primarily choose to pay the penalty. https://www.seattletimes.com/seattle-news/politics/seattle-struck-a-grand-barizain-on- housin -now-cit -hall-is-reviewin -the-initial-results The City is satisfied as it receives payment for the trees it has allowed them to remove and can then use those penalties in any green projects of their choosing, while the Developers are happy as they can develop the property and pass the cost of the penalties on to the next buyer - only the residents of the Neighborhood and beyond are unhappy because they know that the developers will remove as many trees as they can to achieve housing density, causing increased traffic, congestion and lowering livability in the City. Issue 2. Landmark Trees Situated on Private Residential Lots proposed to be cut down or topped by homeowners for their own personal reasons not financial gain. Edmonds City Council Approved Minutes August 3, 2021 Page 28 There should be no extension beyond September 2nd. Council should instead immediately withdraw all restrictions to the removal of trees by homeowners, allowing personal property rights to prevail, and homeowners to make their own personal decisions as to the trees on their property. Or to quote William Blackstone, eminent English jurist, 1723- 1780, "So great moreover is the regard of the law for private property, that it will not authorize the least violation of it; no, not even for the general good of the entire community" Homeowners are distinguished from developers in that their motivation for tree cutting is typically generated by personal preferences and needs for the use and enjoyment of their own property and is restricted to one or two trees not wholesale removal. Developers on the other hand do not have personal attachments to the property, but instead base their decisions on financial reasons. In the homeowners case, they have often times planted these trees themselves or they were located on the property when they purchased it. Regardless, it is usually a case of one or two trees on the property that are being considered for removal because they are not the right tree in the right place, have grown taller than anticipated, the homeowner is concerned about trees falling in a wind storm, or that the tree shedding or causing moss could reduce the life expectancy of a roof, resulting in a new roof earlier than anticipated, which would increase the carbon footprint and climate change. This is not a decision that should involve the City. Homeowners are quite capable of reviewing the issues and making the right decision for themselves and their property. Further, homeowners should not be asked to pay for the privilege of the City taking away property rights by paying the City for every tree that is cut down. The tree canopy is very important and many homeowners will factor that in to their decisions. But just as the city does not involve itself in other individual ecological decisions such as a homeowner's purchase of a hybrid car versus a gasoline only car, an all grass lawn versus native plant groundcovers, asphalt driveways versus permeable surface driveways for instance, so too it should not encroach on the individual's property rights involving trees or vegetation on a private homeowner's property unless in the case of safety In addition, the City has been concerned regarding the availability of affordable housing. Whether a new buyer or existing homeowner, the costs of paying for an arborist and permits just to cut down a tree, or the accelerated replacement of a roof due to tree damage, will add to the cost of a property and further reduce its affordability Lest you mistake me for a tree hater not a tree lover, I would like to share that when I moved to my current home in Edmonds 15 years ago the property had one tree and 3 shrubs. It has been transformed into a certified backyard wildlife habitat with literally hundreds of plants and trees, with an emphasis on natives. But, private property rights are sacrosanct and any attempt to diminish them is best scrutinized very closely. Thank you. Kathy Ryan, Edmonds Resident Edmonds City Council Approved Minutes August 3, 2021 Page 29 From: Cynthia Sjoblom Sent: Monday, August 2, 2021 9:01 PM To: Johnson, Laura <Laura.Johnson@edmondswa.gov>; Council <Council@edmondswa.gov> Subject: RE: SOUNDING THE ALARM BELL ABOUT CITY COUNCIL LAURA- I know you got in touch today with that constituent because of my comments. It is nothing short of disingenuous (lacking in frankness, insincere) for you to try and spin this. It is not possible because I know the facts. It was not only WHAT you SAID, but HOW you TREATED your constituent. It's too late for you to spin this to suit your own ends.. The best you should be doing is apologizing for how you reacted. I can't accept your response as total truth because I know what happened. If it was true that you "had not yet found the appropriate words to respond to their email" that was all you needed to say to your constituent in a KIND MANNER and you should have done that in a manner in keeping with the code of conduct and the laws that govern your actions. Lastly, it is highly inappropriate to be making decisions for the constituents that favors whatever the herd council wants. You don't represent the others on council or the mayor, you represent the people of this city! Simply going along with others to appease them is absolutely unconscionable (unscrupulous, not guided by conscience), and not only that, you would be complicit in violating the laws and codes of our city as well. One must stand up for the truth to such individuals and if you don't, you end up as collateral damage. Currently, the council and the Mayor are trying to make the citizens the collateral damage of all decisions being made by our government officials. This cannot continue. Cynthia Sjoblom P.s Please have all the chairs put back in the council meeting room because it violates the will of the people who want to be together. Apparently, there is some censorship going on because the applause was cut from the video. This city government is doing anything and everything to try and shut the will of the constituents down. This is absolutely unacceptable and again, it violates "respecting the rights of the citizens"! There is no reason to make changes from the previous meeting because it does not violate any state laws and no one is stating that we have to be 6 feet apart any longer. Council are protected behind shields and are well beyond 6 feet from the constituents. This government had better stop their tactics against the Constituents. I have never met a more flagrant group of people defying their constituents wishes. I am absolutely appalled as are others. Edmonds City Council Approved Minutes August 3, 2021 Page 30 From: Theresa Hutchison Sent: Sunday, August 1, 20219:33 AM To: Ken Reidy <kenreidy@hotmail.com> Cc: Public Comment (Council) <publiccomments@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov>; Nelson, Michael <Michael.Nelson @edmondswa.gov>; Council <Council@edmondswa.gov>; Judge, Maureen <Maureen.Judge@edmondswa.gov> Subject: Re: Public Comments for the August 3, 2021 City Council Meeting Thank you Ken for this well thought out and reasonable new Rule of Procedure. I hope City Council gives this serious consideration. Theresa Campa Hutchison From: Ken Reidy Sent: Sunday, August 1, 2021 9:26 AM To: Public Comment (Council) <publiccomments@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Nelson, Michael <Michael.Nelson@edmondswa.gov>; Council <Council@edmondswa.gov>; Judge, Maureen <Maureen.Judge@edmondswa.gov> Subject: Public Comments for the August 3, 2021 City Council Meeting Should City Council adopt new Rules of Procedure, please make sure such includes the following new Rule. The reason for adding this new Rule is so that citizens of Edmonds who make the effort to provide Public Comment to City Council get the last word before decisions are made by City Council. New Rule: If the City Attorney or City Staff speak specific to a Citizen Public Comment AFTER the Public Comment is made, the Citizen will be granted one additional minute to speak. The City Attorney or City Staff are not allowed to make the final comments to City Council specific to a Citizen Public Comment that has been made during an Open Public Meeting. If the City Attorney or City Staff speak specific to a Citizen Public Comment AFTER the one additional minute has been granted, the Citizen will again be granted one additional minute to speak. This process will repeat until the Citizen is provided the opportunity to make the final comments before decisions are made by City Council. Edmonds City Council Approved Minutes August 3, 2021 Page 31 Thank you in advance for adding this Rule as it is very important. Please see my Public Comments submitted for the Public Hearing for Ordinance 4217. Once again, the Agenda Packet provided City Council is incomplete. Finally, please take the opportunity of this Council Meeting (whether it is held on Monday or Tuesday) to get the questions about the true Effective Date for Ordinances figured out once and for all. Are there any votes whatsoever subject to a super majority vote? If so, why isn't that discussed in the proposed Council Rules of Procedures. After all these years, I also think it possible that none of our Ordinances shall go into effect before thirty days from the time of final passage. The reason for this is we adopted the powers of initiative and referendum in 1985. Please read the related RCW and see what you think: RCW 35A.11.090 Initiative and referendum —Effective date of ordinances —Exceptions. Ordinances of noncharter code cities the qualified electors of which have elected to exercise the powers of initiative and referendum shall not go into effect before thirty days from the time of final passage and are subject to referendum during the interim except: (1) Ordinances initiated by petition; (2) Ordinances necessary for immediate preservation of public peace, health, and safety or for the support of city government and its existing public institutions which contain a statement of urgency and are passed by unanimous vote of the council; (3) Ordinances providing for local improvement districts; (4) Ordinances appropriating money; (5) Ordinances providing for or approving collective bargaining; (6) Ordinances providing for the compensation of or working conditions of city employees; and (7) Ordinances authorizing or repealing the levy of taxes; which excepted ordinances shall go into effect as provided by the general law or by applicable sections of Title 35A RCW as now or hereafter amended. From: finis tupper Sent: Friday, July 30, 2021 4:35 PM To: Paine, Susan <Susan.Paine@edmondswa.gov>; Council <Council@edmondswa.gov> Edmonds City Council Approved Minutes August 3, 2021 Page 32 Cc: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Code of Ethics Hi Susan: In your best interests, you shouldn't vote in favor of the proposed Code of Ethics. Unless, you are going to change your current modus operandi and respond to citizen questions and emails. You have constitently demonstrated your unwillingness to "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 and confidence of citizens". Finis Tupper From: finis tupper Sent: Thursday, July 29, 2021 7:40 AM To: Paine, Susan <Susan.Paine@edmondswa.gov> Cc: Public Comment (Council) <publiccomments@edmondswa.gov>; Council <Council@edmondswa.gov>; Nelson, Michael <Michael.Nelson @edmondswa.gov> Subject: Interim Ordinance 4210 Dear Council President Paine: Thank you for your comments expressing your appreciation of the public participation and the public testimony at the Council meeting last evening. My concern is about Interim Ordinance 4210 for Outdoor Dining and the required public hearing not being properly scheduled. Also I have concerns about City Staff and City Attorney's answers to the City Council regarding the Sunset clause (Section 3.) in Ord. 4210. The Planning Board Meeting minutes do not memorialize staff telling them this was a new ordinance for code changes. RCW 36.70A.390, titled Interim zoning controls — Public Hearing — Limitations on length — Excerptions is unambiguous stating after passage of an interim ordinance the governing body shall hold a public hearing on the proposed Interim zoning within at least 60 days of its adoption. The City Council passed the ordinance without a public hearing on December 15, 2020. A City Council public hearing was required February 12, 2021. Section 3. states; the interim ordinance shall remain in effect for 180 days from the effective date (December 15, 2020) and not 5 days from publication effective date of December 23, 2020. Please note Section 4. Emergency Declaration states this ordinance will take effect immediately upon passage not 8 days after passage. City Staff and you should have been very well aware of the public hearing requirement because the Planning Board recommendation provided the city was "hold future public hearings as needed (circa Feb 2)". The question for your legal counsel is: "what is status of the Outdoor Dining permits issued by staff from December 15, 2020 to the Edmonds City Council Approved Minutes August 3, 2021 Page 33 current date. Mr. Taraday stonewalling Councilmember Olson's request for the legal opinion is continued demonstration of his inexcusable and unacceptable legal malfeasance. As the interim ordinance that wasn't properly scheduled for a City Council public hearing. By the way, Councilmember Buckshnis misstated the dates; the ordinance was 224 days old and not 277 days. The 77 days from passage referred to a previous interim ordinance that wasn't properly scheduled for a City Council public hearing. At that Council Meeting then Council President Fraley-Monillas stated the City would take steps to ensure the mistake wouldn't occur in the future. Who is responsible for this interim ordinance's public hearing not being schedule within 60 days of passage? Is it the office of the Council President? One of your responsibilities is the setting of the weekly Council Agenda. If not you, who would you blame, the Mayor, the City Attorney, the Planning Director or the City Clerk? Can you please contact Councilmember Fraley-Monillas to determine what action steps she took to prevent this mistake and advise me of the steps taken by her. The primary purpose of this interim ordinance is to eliminate the Conditional Use Permit which requires and application and a Hearing Examiner hearing. An "Outdoor Dining" permit is not an allow use by right in any business zone but rather a use that requires discretionary hearing examiner conditional approval after a public hearing. In other words Outdoor Dining is an exception to the current zoning code. If the use is objectionable to surrounding property owners they should have the right to testify at public hearing and have their concerns addressed without the cost of having to appeal the permit or filing a LUPA lawsuit. Public participation and involvement in our government is what democracy is all about. If you favor public participation and testimony you should not vote in favor of these zoning changes to ECDC Chapter 17 for outdoor dining. The staff should not be making these kinds of decisions absent citizen involvement in the decision -making process. Sincerely, Finis Tupper From: Joan Bloom <joanbloom@hey.com> Sent: Wednesday, July 28, 20219:23 AM To: Public Comment (Council) <publiccomments@edmondswa.gov>; Council <Council@edmondswa.gov>; Nelson, Michael <Michael.Nelson @edmondswa.gov> Cc: Taraday, Jeff <jeff@lighthouselawgroup.com> Subject: My 7-27-2021 comments to Mayor Nelson and Council Edmonds City Council Approved Minutes August 3, 2021 Page 34 Mayor and Council, The second paragraph of the United States Declaration of Independence begins: Governments are instituted among Men, deriving their just powers from the consent of the governed... Recent actions have been taken without the consent of the governed. On the third of May, on myedmondsnews, the Mayor outlined measures to address hate, after swastikas were found on Southwest County Park trees. A measure to be instituted was: Park surveillance cameras The City is researching the placement of night vision "game cameras," on and in trails and parks in the City. The purpose of these cameras in public areas is to deter criminal behavior and to potentially aid in the apprehension of those committing crimes. Signage would be posted at entrance and egress points notifying people using the parks that, due to factors of protection and safety, those entering may be subject to surveillance. Surveillance is the chief strategy of authoritarian and fascist governments to control their citizens. Do a Web search of China and surveillance to find the current creepiest example. Mayor Nelson is moving forward with a surveillance plan to protect us. From what? Graffiti? The second action was announced by the city on July 19: a new online portal "to report incidents of bias, discrimination and hate". Ken Reidy questioned Mayor Nelson, Council member Distelhorst (who is liaison to the Diversity Commission) and Patrick Doherty regarding the representation that the Diversity Commission had recommended this action. Patrick Doherty's response was: The idea for the bias/hate reporting portal came out of preliminary discussions among Commissioners —not a formal recommendation. These discussions led me, as staff, to discuss this idea internally and we decided that it was a good idea that we could implement without further ado. We simply added to the existing reporting portal on our website a new category: "incidents of bias, discrimination and/or hate." Council member Distelhorst praised this reporting portal at the July 20 Council meeting and suggested "robust distribution out to the community." Edmonds City Council Approved Minutes August 3, 2021 Page 35 Mayor Nelson and Council Member Distelhorst: you don't fight authoritarian sentiments with authoritarian pratices. Surveillance by governments is intimidation. You know who practices intimidation? Bullies, gangs and hate groups. If those in this room employ the tactics of bullies, gangs, and hate groups, you won't have to set up cameras outside this room to find them. Joan Bloom Former Edmonds City Council member 2012-2015 Joan Bloom Edmonds is a gift. Let's show our appreciation. From: Janet L. Smith Sent: Wednesday, July 28, 2021 8:41 AM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: 7-27-2021 Public Hearing on Outdoor Dining I am an Edmonds resident and a small business owner. I wanted to give my comments about the expanded outside dining in Edmonds, because I am a person who regularly comes downtown and patronizes the businesses, services and restaurants. I am concerned that when comments are submitted virtually or through Letters to the Editor, that many of the people commenting are not those who actually come downtown on a regular basis. In the past year and a half since COVID, I have come to the bowl to dine out or shop 1-2 times a week. I regularly visit and make purchases at the shops in the bowl. I have not had trouble parking on weekends within a block or two of my destination. The city has done a good job opening up the bank parking lots, and ADA spots at city hall. . What I've observed when I come to downtown Edmonds on the weekend is a vibrant, walkable community filled with people of all ages having fun. Even with the expanded seating, it can be hard to get a seat at a restaurant downtown on a Friday or Saturday evening. My husband and I always choose outdoor dining over indoors. In the summer, its just more pleasant to be outdoors. Last weekend, we invited friends from Yakima to visit Walkable Main Street with us, listen to the jazz bands and have dinner and drinks. They had never been to Edmonds before, and couldn't stop talking about what a magical place it was. I'm sure they'll be back. Edmonds City Council Approved Minutes August 3, 2021 Page 36 We hear a lot about how the retail business in the bowl has been down. But is lack of parking really the issue? Many of the shops in town carry high end clothing and shoes. The folks I know were working from home and wearing yoga pants and slippers. Some of the stores have beautiful items for decor and entertaining, but we haven't been inviting anyone into our homes. My point is, before we automatically assume that parking is responsible for any business losses, and that bringing back the parking spots would magically return the status quo, we need to also consider the changes in shopping patterns. As a small business owner, I know that change is not easy. But businesses need to be resilient and flexible enough to adapt to whatever comes along. I urge the City Council to create a comprehensive plan for downtown that includes keeping the "streeteries." They are fun and festive, and attract people to the bowl as a destination. In my opinion, attracting more people downtown is good for everyone. Janet L. Smith Edmonds, WA From: Kim Bayer Sent: Tuesday, July 27, 2021 11:33 PM To: Council <Council@edmondswa.gov> Cc: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: RE: CHC Policies being presented at 3/16 Council Meeting Edmonds City Council, I spoke tonight at the council meeting during Audience comments. I had planned to speak during the public hearing on Unit Lot Sub -division but, had to leave because of the lengthy delay upfront. Because I was unable to speak to my talking points earlier, I've attached them as a reference. Why didn't our city leadership plan ahead to make sure the technology was working properly? Good leadership would have made this happen knowing this was going to be a very large and contentious meeting. We almost thought this was planned so you wouldn't have to face the music after hiding all these months behind so many Zoom calls. Please know it is just another embarrassment for the current city leadership. Mayor Nelson, you are ultimately accountable for assuring Edmonds city meetings occur properly, and that city staff are doing their jobs. Edmonds City Council Approved Minutes August 3, 2021 Page 37 Beyond these numerous mis-steps that continually occur under this city government, the staff should be your number one concern. THEY ARE NOT DOING THEIR JOBS. If the majority of you; or, city staff I've encountered, were in the corporate sector, they would be fired immediately. Again, please remember who is at the top of the org chart (see attached as a reminder). Adrienne, I will call you out on this one because I just witnessed (online) your pathetic closing comments. The reason people call Luke and you out is because of your extremely poor decision -making and support of idiotic policies and agendas that do not uphold making Edmonds "the Gem of Puget Sound" (phrase in the city comp plan that needs to apply for all decision -making). You are not being bullied. Residents I speak with think you don't belong on the council anymore. Your comments were just another insult to injury. Please get out of your bubble and actually speak to people who care about Edmonds. On a lighter note, I would like to thank all of you for delaying any decisions on housing and specifically, Unit Lot Sub -Division. I'm on the ADB and voted no with the Chair based of the lack of open space this approach will create. I also voted no because the developer bullied his way to state that he would build a much less desirable building if he didn't get approval. If you want to target bullying, look into this guy. He's from Seattle and was extremely rude to our Chair, including anyone making comments or, had questions that did not support his plan for the Baskins and Robbins site. This is because he knew if he opened the door, he would be allowed to replicate this all over Edmonds. PLEASE listen to your citizens (not through surveys as the data can be manipulated) and DO THE RIGHT THING! Thank you, Kim Unit Lot Sub -Division Code Amendment Meeting for 7/27 Council Meeting Good evening. My name is Kim Augustavo. I'm a 40 year resident of Edmonds I've been involved in corporate politics for many years during my career but, I've never engaged directly with our city politics until this past year. Why now? Because myself, along with many other citizens, decided we had to get involved and fight the bureaucracy of poor decision making and frankly, utter disrespect for the citizens point of view. Please know these remarks apply to the block of four and the mayor. In my hand, is a copy of the current city of Edmonds Org chart. Do you know who is at the top? It is all of Us ... the citizens. This is WHO YOU ARE ELECTED TO SERVE. Please keep this top of mind when you move forward on anything related to housing; especially changing or amending codes. It's become clear this didn't happen with the CHC policy plan as it was staff led, and influenced to gain a pre -determined outcome. You all know the 15 policies were approved by just 1 vote Edmonds City Council Approved Minutes August 3, 2021 Page 38 to gain a simple majority and that several of these policies went against what the majority of citizens want to see happen. Not one citizen I know, and; I know a lot, want more concrete, and less green. That's what unit lot subdivision will create. Additionally.... If you approve the code amendment before you tonight to allow unit -lot sub -divisions in the BD zone, you will be violating the city comp plan. How? The "Gem of Puget Sound" is a phrase highlighted in the city comp plan. Unit Lot Sub -Division will not support this statement because it allows developers to build higher density where there will be more concrete and elimination of open space because developers will get around the 5% required by just simply dividing lots. Once you open pandora's box and allow this code amendment to pass, you will quickly see a transformed downtown Edmonds with less open space. Second reason you need to wait is: Approving this amendment now creates a "Piece -Meal" approach to managing increased density. The comp plan specifically calls out on page 1 to avoid using a "piece -meal" approach. Bottom line.... Unit Lot Sub -Division needs to be delayed to ensure it fits within the overarching strategic framework of the CHC plan. This amendment should not stand alone. Now I'm asking all of you to please do the right thing! Edmonds City Council Approved Minutes August 3, 2021 Page 39 2021 Adopted Budget City of Edmonds, Washington 2021 Organization Chart 13 City of Edmonds, Edmonds City Council Approved Minutes August 3, 2021 Page 40