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cmd081021 spec mtgE D M OND S CITY COUNCIL SPECIAL VIRTUAL ONLINE MEETING APPROVED MINUTES August 10, 2021 ELECTED OFFICIALS PRESENT Susan Paine, Mayor Pro Tem Laura Johnson, Council President Pro Tem Adrienne Fraley-Monillas, Councilmember Kristiana Johnson, Councilmember Luke Distelhorst, Councilmember Diane Buckshnis, Councilmember Vivian Olson, Councilmember ELECTED OFFICIALS ABSENT Mike Nelson, Mayor CALL TO ORDER/FLAG SALUTE STAFF PRESENT Phil Williams, Public Works Director Angie Feser, Parks, Rec., Cultural Arts & Human Services Director Dave Turley, Finance Director Thom Sullivan, Facilities Manager Jeff Taraday, City Attorney Scott Passey, City Clerk Dave Rohde, GIS Analyst The Edmonds City Council virtual online meeting was called to order at 8:31 p.m. by Mayor Pro Tem Paine. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Distelhorst read the City Council Land Acknowledgement Statement: "We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water." ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present, participating remotely, with the exception of Mayor Nelson. 4. APPROVAL OF AGENDA COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 5. AUDIENCE COMMENTS Edmonds City Council Approved Minutes August 10, 2021 Page 1 Mayor Pro Tem Paine invited participants and described the procedures for audience comments. Cindy Sjoblom, Edmonds, requested her message be passed on to Mayor Nelson, his shaming of constituents was right out of a playbook on how to silence your constituents. The Code of Conduct violation 10.1 and Councilmember Fraley-Monillas' statement that two people who called in last week took political shots at her. Ms. Sjoblom explained she was a nonpartisan voter and was one of the people who called. Councilmember Fraley-Monillas then stated we need to find out where they live, which sounded reminiscent of actions used by other styles of government that are more punitive. The hate portal, as Mayor Nelson so accurately described it last week, is a distraction from a bigger issue; an attempt to silence voices, violate right to privacy and free speech, and lessen freedom and powers. That bigger issue is the loss of housing rights, the right to keep property and neighborhoods intact by retaining single family zoning. The agenda for duplexes to 4-plexes is nothing more than a gateway for a developer to apply for a variance and demolish several homes in a neighborhood and construct a 40-unit building. The government's agenda to eliminate single family is not just local but across the state and the nation. There is a push for high density development in the City; an agenda referred to as sustainable development. Developers are building multifamily building with tax exempt status for many years, some even a decade long, burdens that taxpayers assume. Residents are being sold a bill of goods and if constituents buy into it, they will regret it later. Edmonds has already allotted 3,300 units on Aurora; with an average of 2-3 people per unit, there will be over 8,000 more people in the Edmonds community which will have ramifications on roads, traffic, etc. The government wants residents out of their cars, on bikes and eventually taking light rail; Edmonds is largely an older community that is being forced to accept governmental changes that do not fit Edmonds. She urged citizens to unite and say no to the goal of high density sprawl in Edmonds. Linda Ferkingstad, Edmonds, said Twitter and other social media, Edmonds' new bias/hate/discrimination reporting portal will be used by local people with vendettas to bully their neighbors, except Edmonds protects the accusers with anonymity, unlike Twitter and other social media. People should be encouraged to mediate their own problems, have open conversations and help them accept and encourage differences instead of reporting them. For example, she could report Governor Inslee for banning plastic bags effective October I"; this ban will require more trees to be used to supply paper bags and reuse of bags has been discouraged due to COVID. She would like to report Edmonds City Council for their illegal tree ordinance. While meeting all requirements for single family zoned areas, property owners face taxes and charges aimed to purposefully burden them, raising the cost and making new homes less affordable. It is biased against those who would like to build homes in single family zoned areas. Charging 100% for the worth of the property, the timber and carbon footprint of 24"+ diameter trees before allowing property to be divided, trees removed or homes built. Existing homeowners do not have to pay the City for their tree's worth before removing a tree or for the trees removed so their homes could be built in the past. Ms. Ferkingstad continued, the only exemption for them is to retain 50% of the trees on their property which is difficult to attain and will limit natural light for their homes. If they are not able to attain it, the cost will be $250,000 for their three homes. Edmonds planning requires 30% retention, 20% less. The tree ordinance is discriminatory as most wishing to divide property and build homes on single family zoned properties are immigrants striving to achieve the American dream. It gives preference to those who can afford to pay the excessive City charges, allowing them to cut 100% of the trees on their property, especially those building multifamily buildings. Edmonds plans to use the funds to pay an enforcer who will be allowed to inspect all Edmonds private properties to police what homeowners do with their own trees. The unequal burden placed on future homeowners is illegal and against the constitution, the Growth Management Act and Edmonds' Comprehensive Plan. The burden will be placed on all Edmonds taxpayers to defend this illegal tree ordinance in litigation and will likely cost more than the City will receive. She urged the Council to rescind this illegal, biased and discriminatory tree ordinance that is enforcing an illegal taking of private property without compensation, and to stop the mistreatment of single family zoned Edmonds City Council Approved Minutes August 10, 2021 Page 2 property owners who wish to divide their property and build much needed homes and make Edmonds equitable. (Written comments submitted to PublicComment@Edmondswa.gov are attached.) 6. COUNCIL BUSINESS BOND FINANCING: REFUNDING, AND SALE OF NEW BONDS Finance Director Dave Turley reviewed: • What is the purpose of this evening's discussion? o We would like to move forward with the refunding of certain outstanding bonds, as well as issue new bonds to help fund capital projects. o There are three separate items to discuss: A. Refunding of outstanding Water and Sewer Revenue Bonds 2011 ■ Due to continued low interest rates, we have the opportunity to refund $8.045 million in outstanding sewer revenue bonds, saving the city an estimated net present value of $1.19 million. ■ Scott Bauer from Northwest Municipal Advisors is here tonight to present information about this. ■ This was previously discussed in Finance Committee on July 13, if you would like to view the presentation. The Finance Committee's recommendation to Council on July 13 was to proceed with the refunding B. Advance refund and restructure a portion of the City's Limited Tax General Obligation Refunding Bonds 2021 (on behalf of the Edmonds Public Facilities District) ■ The Edmonds Public Facilities District has requested that the City refund and restructure $2.585 million of bonds on their behalf. Additional information about this request is included in tonight's packet. ■ Scott Bauer from Northwest Municipal Advisors is here tonight to present information about this. ■ This was previously discussed in Finance Committee on July 13, and again tonight, if you would like to view the presentation. The Finance Committee's recommendation to Council on both evenings was to proceed with the refunding C. Issue new bonds for Civic Field and other capital improvements ■ The Civic Field construction contract was approved by Council on July 13. At that time the funding shortfall was identified, and bond financing was discussed. ■ Staff would also like to request additional bonding to fund other capital improvement projects, specifically money to begin to address the Facilities Maintenance backlog. This backlog has been discussed at previous Council meetings. Additional information about projects this money would be used for is included in tonight's packet. ■ Scott Bauer from Northwest Municipal Advisors is here tonight to present information about this. Additional funding for Civic Field was previously discussed in Finance Committee on April 13 and July 13, and with full Council on July 6 and July 13, if you would like to view those presentations. The Finance Committee's recommendation to Council on July 13 was to proceed with issuing bonds for Civic Field and the other capital projects, with the need to decide on the dollar amount and repayment term at a later date We hope that later date will be tonight. • Staff recommendation o Regarding the Sewer Bond refunding and the refunding on behalf of the PFD, Staff agrees with the Finance Committee's recommendation to move forward with these actions. Edmonds City Council Approved Minutes August 10, 2021 Page 3 o Regarding the bonding for capital projects, Staff s recommendation is to sell $6 million in new bonds. The intention is to provide $2 million to fully fund Civic Field, and an additional $4 million to go into Fund 016, the Building Maintenance Fund, to be used to begin to address our backlog of facilities maintenance. o After tonight's presentation by Scott Bauer and Council discussion, Staff would ask for Council approval to move forward with refunding the $8.045 million of Water and Sewer Revenue Bonds, the advance refunding of $2.585 million on behalf of the Edmonds Public Facilities District, and the issuance of $6 million in new bonds for capital projects. Councilmember Buckshnis clarified the Finance Committee did not recommend a timeframe or dollar amount for the additional funds, but did recommend bonding. She advised that the PFD made a presentation to Council on April 21 st and bonding was discussed at tonight's Finance Committee tonight. Councilmember Fraley-Monillas asked Mr. Turley's opinion about bonding for building maintenance and the Civic Field shortfall. With regard to Civic Field, Mr. Turley responded bonding was the best answer; the shortfall was approximately $1.6 million. Projects frequently go over the estimated cost and if it doesn't, having $2 million in bond issuance would reduce reliance on General Fund dollars to fund Civic Field. It is always better not to pay for capital projects with General Fund dollars, those should be used for operating. With regard to $4 million for facilities maintenance, Mr. Turley agreed with Public Works Director Phil Williams that this has been put off for too long. In determining an amount, $1-2 million would not be enough to make a dent in the projects and $5-6 million puts a burden the repayment schedule; if payments are not made from the General Fund, it would come from REET which could put other projects in peril. Another factor in determining the amount is the capacity to get the work done. He summarized $4 million plus $2 million would be enough to do something significant without putting a long term burden on future projects. With regard to the FCA report from 2011/2012, Council President Pro Tem L. Johnson asked how much of that had been accomplished. She observed $56,000 was the average allocated between 1990 and 2014 and asked about the impact of not addressing these building maintenance needs in the past and in the future. Mr. Williams said buildings are a little like people, if their lifecycle is long enough, the decline is not visible day-to-day but accumulates over time. For example City Hall has a lot of needs; that building was old when the City purchased it and needed maintenance had not been done. The City did a "slap dash, quick remodel" and then immediate occupation and all the underlying electrical, plumbing and mechanical issues that were not addressed when the City moved into the building have lingered. He estimated there was $3-4 million in work that needed to be done in City Hall including IT improvements, bringing the electrical system up to current code, plumbing issues, etc. Quite a bit of work has been done recently including the windows, elevator, ad fire alarm panels. The remaining items are very expensive and necessary. Council President Pro Tem L. Johnson asked funding was provided at the level requested, would that make up for what was not done before as well as avoid putting an unnecessary long term burden on future generations or would there still be a considerable amount of catch up. Mr. Williams referred to the presentation made to the PPW and Finance Committee meetings tonight regarding the Facility Condition Assessment that highlighted some very expensive items that were not part of the 2018 analysis or the updated analysis. There are plans to update the FCA, but for some of the bigger items, there is no way to do them with current revenues and bonding will likely be necessary in the future. The recommended $4 million is a great down payment on that and will keep staff busy for 3-4 years. The job order contracting process the Council recently approved will allow more work to be done more quickly than would have been possible in the past. He acknowledged $4 million would not solve all the problems. For example the need for a cooling cycle at the Frances Anderson Center; the boiler needs to be replaced and while that is done, a cooling cycle should be added to make better use of the building during hot weather as well as covert the Edmonds City Council Approved Minutes August 10, 2021 Page 4 building from natural gas to electricity for environmental reasons. He summarized buildings do not wear out as fast as the systems inside it do. Councilmember Distelhorst thanked Mr. Williams for his statements, especially about the environment. The City is doing a Climate Action Plan update this year and the IPCC report that came out yesterday illustrates the dire consequences. He referred to Slide 14, Capital and Deferred Maintenance Needs, in the presentation to the PPW Committee that includes transitioning away from fossil fuels at the Frances Anderson Center, more EV charging and more EV vehicles in the City fleet. He asked if there were other environmental items that should be included given the current climate emergency. Mr. Williams suggested expanding the EV stations available to the public to meet that demand in a timely fashion. There may be grants or federal support to assist with that, but the City will likely be required to provide matching funds. Councilmember Distelhorst observed the items identified on Slide 14 (major infrastructure needs at City Hall, new electric heating system and cooling module for Frances Anderson Center, electrification infrastructure for City fleet and public EV's, public Safety Building chiller plant replacement) are main environmental items. Mr. Williams said another obvious improvement when buildings are retrofitted is conservation to increase efficiency regardless of the heat source. Councilmember Fraley-Monillas observed the Administration's recommendation is $4 million plus $2 million. She asked the total amount of work that needs to be done, recalling it was $19 million. Mr. Williams answered the most recent number is about $11-12 million; he did not recall the $19 million amount but it depends on how far out the analysis is done. The intent is to identify deferred items that weren't addressed in a timely fashion and do those first, knowing there are still some large issues that need to be addressed. The large projects are not part of the deferred maintenance, because those functionalities do not currently exist but the future will demand them. Councilmember Fraley-Monillas said she was interested in the difference between what the Administration recommended and the total cost. Mr. Williams reiterated the total was approximately $11-12 million. Mr. Turley introduced Scott Bauer, Northwest Municipal Advisors, the City's bond adviser. Mr. Bauer reviewed: Potential 2021 LTGO Bond 1. Provide $2 to $8 million for Civic Park and other capital improvements 2. Refund for savings the Water and Sewer Improvement and Refunding Revenue Bonds, 2011 o $8.045 million to be refinanced, representing the callable maturities from 2022 to 2031 o No change in shape or final maturity (12/l/2031) 3. Advance refund and restructure a portion of the City's Limited Tax General Obligation Refunding Bonds, 2012 (the "2012 Bonds") o Portion attributable to the Edmonds Public Facilities District ■ All outstanding debt to be refunded = $2.585 million o Avoid December 1, 2021 payment o Extend the final maturity to 2041 • Allows the PFD to continue to receive the State Sales and Use Tax Rebate until 2041 • Lowers annual debt service payments o Issued as a taxable series due to federal tax law o Unrefunded portion of the 2012 Bonds would remain outstanding Historic Interest Rates o Interest rates continue near historically low levels o The charts show an index of 20 long term, well rated general obligation bonds • Chart of Bond Buyer 20-Bond General Obligation Index 1990 to present • Chart of Bond Buyer 20-Bond General Obligation Index July 2018 to present • City's Outstanding LTGO Bonds Edmonds City Council Approved Minutes August 10, 2021 Page 5 LTGO Bonds Par Outstanding Callable Par Final Maturity Coupon Rate Call Date LTGO Ref 2012 $3,895,000 $2,635,000 12/1/2031 1.75-3.00% 12/1/2022 LTGO Ref 2016 1,968,013 1,008 918 12/1/2026 1.67% 12/1/2023 LTGO 2019 3,375,000 2,230 000 12/1/2039 2.125-5.00% 6/1/2029 Total LTGO Bonds Debt $9,238,013 $5,873,918 • Limited Tax General Obli_gation Bonds - PFD Portion PFD Par Outstanding Callable Par Final Coupon Rate Call Maturity Date LTGO Ref 2012 (PFD $2,585,000 $1,755,000 12/1/2026 1.75-3.00% 12/1/202 Portion of 2012 Bonds) 2 • Outstanding Water and Sewer Revenue Bonds Water and Sewer Bonds Par Outstanding Callable Par Final Maturity Coupon Rate Call Date WS Improv and Ref Rev 2011 $ 8,705,000 $ 8,045,000 12/1/2031 3.00-4.00% 12/l/2021 WS Rev 2013 13,730,000 13,285,000 12/1/2038 4.00-5.00% 6/1/2023 WS Rev 2015 15 945,000 13,570,000 12/1/2040 2.00-4.00% 6/1/2025 WS Rev 2020 13,875,000 13,875,000 12/1/2045 2.00-2.25% 6/1/2030 Total Water & Sewer Bonds Debt $52,255,000 F $48,775,000 I • New Project Money Debt Service Comparisons o Table with estimated debt service for between $2 and $8 million in net proceeds amortized over 10 and 20 years o Average annual debt service Proceeds 10 Year 20 Year Annual Difference from 10 Year $2 Million $212,806 $120,894 $ 91,912 $4 Million 425,063 241,050 184,013 $6 Million 637,367 361,314 276,0530 $8 Million 849,221 J 481,513 367,708 Considerations and Additional Items o Based on the potential projects/ refinancings to include in the bond issue, it appears the bonds would be sold in two series ■ 2021A Tax Exempt: New money proceeds and refunding of the 2011 Water and Sewer Bonds ■ 2021B Taxable: Advance refunding of the Edmonds PFD's portion of the City's 2012 LTGO Bonds ■ The new money and refundings could be structured individually, but would roll up to their respective series ■ Costs of issuance — Shared costs of issuance would be allocated based on size of each financing — Specific costs, such as refunding trustee or the PFD's financial and legal advisors (if any), would be allocated to the specific project or series o Timing ■ Bond issues take about 3 months to complete ■ Starting now would allow the City to close a bond issue around October/November which would achieve both timing goals — After September 1 for a current refunding of the City's 2011 Water and Sewer Bonds — Before December 1 for the Edmonds PFD to defer their December 1, 2021 payment Bond Refinance on Behalf of PFD Edmonds City Council Approved Minutes August 10, 2021 Page 6 Councilmember Buckshnis wanted to ensure citizens knew that the bond issuance for the PFD and the source of the repayment have nothing to do with City. The City is only a conduit to assist the PFD to achieve a longer bond term and a lower rate which results in a lower payment. She summarized there was very little risk to the City. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO APPROVE THE 2021 B SERIES, THE PFD BONDS. Councilmember Buckshnis pointed out the PFD has been waiting since April to have this approved. Councilmember Fraley-Monillas raised a point of order, suggesting Councilmembers ask questions before a motion is made. Mayor Pro Tem Paine said she also preferred to ask questions first. Councilmember Buckshnis said in the past motions have been made first to facilitate discussion. Her intent was to focus the discussion on the PFD's bonds. Council President Pro Tem L. Johnson asked Mr. Turley to speak to Councilmember Buckshnis' statement that the PFD bonding has nothing to do with the City and that there is no risk. Mr. Turley answered the bonds are in the City's name; the PFD makes the payment on their portion. The City is refinancing the bonds on the PFD's behalf which does not really change the structure. The refinancing will extend repayment for that portion of the bonds for 20 years. If something unforeseen happened to the PFD, the City would make the payments, but with the refinancing, that would be easier. He did not foresee that happening; the refinancing is intended to make it easier for the PFD to make their payments. With regard to the cost, Mr. Bauer has assured the cost of issuance that pertains to the PFD's portion can be broken out and the PFD will pay that. Mr. Bauer explained the City is issuing debt so it is ultimately on the hook; however, it is stretching out the payments from a final 5 years of maturity to 20 years which lowers the annual debt service payments to make it easier for the PFD to make the payments. Council President Pro Tem L. Johnson explained she was interested in a professional clarification that the City was issuing the debt and ultimately would be on the hook so there was some risk. Mr. Turley clarified this refunding did not change the existing risk, refunding the bonds would lessen the risk. Councilmember Fraley-Monillas thanked Council President Pro Tem L. Johnson for her question, commenting it is important to understand that if the PFD cannot pay, the City will be required to pay. As the Council liaison to the PFD for the last several year, she was aware how difficult the pandemic had been on the PFD/ECA. Their ability to make payments has been challenging so she supported reducing the payments and extending the term to allow them to be successful. She summarized the PFD was in desperate need of the bond refinancing. Councilmember Buckshnis agreed the risk already exists; the bonds were issued in 2008, refinanced in 2012 and this is another refinance. The PFD's financial reports were presented to the Finance Committee tonight and will be on next week's Consent Agenda. The PFD is in good shape and extending the bond will assist them financially. She recommended the Council support the motion. MOTION CARRIED UNANIMOUSLY. Water and Sewer Bonds Mr. Bauer explained the 2011 bonds are currently callable (call date is approaching). The Council is not compelled to refinance but when the bonds are currently callable and it would save the City a substantial amount, he recommends proceeding with refinancing of the debt. Edmonds City Council Approved Minutes August 10, 2021 Page 7 COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO APPROVE REFINANCING OF THE WATER AND SEWER BONDS THAT ARE CALLABLE DECEMBER 1IT Councilmember Olson commented taking advantage of the interest rates that are available now is a smart financial move. MOTION CARRIED UNANIMOUSLY. Bonding for Additional Funds for Civic Field Mr. Turley explained Mr. Williams has a great deal of information available regarding the facilities maintenance backlog. There is a long list of projects ready to go; deciding the priority of the projects could be discussed at a later date. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO MOVE FORWARD WITH THE CIVIC FIELD PROJECT AND JUST FUND THE GAP OF $1.6 MILLION. [The amount was later changed to $1,634,447.1 Councilmember K. Johnson commented the Council had a very thorough discussion about what they wanted to do with the Civic Field project and decided to trim it. She recalled the gap in funding was $1.6 million and was only interested in financing what was actually needed at this time. Parks, Recreation, Cultural Arts & Human Services Director Angie Feser said the actual amount identified during the Council presentation on July 13' was $1,634,447. Councilmember K. Johnson said she would change her motion to the exact amount. Councilmember Buckshnis did not support $1.6 million due to the time value of money and the fact that interest rates are historically low. She asked Mr. Williams to present the information regarding the Facility Condition Assessment that he provided to the Finance Committee. Councilmember K. Johnson raised a point of order, the motion is regarding the Civic Field project. Mayor Pro Tem Paine ruled point taken. Councilmember Distelhorst said he preferred to have a buffer in view of the cost increases for the Civic project in the last couple years. He was concerned if the Council approved $1.6 million, there would be no ability to address a future gap so having a buffer may be beneficial. He asked if the bond amount could be used for other projects such as capital facilities or would they be tied to the Civic Field project. Mr. Turley answered the bonds will be sold as bonds intended for capital projects. Whatever the amount sold, $2 million would be put into the Parks Capital Project Fund. Any excess funds could be transferred to a different fund for other capital projects if needed. Mr. Bauer agreed, explaining typically bond counsel and legal counsel will be fair broad with what is included in the bond ordinance which would allow the funds to be shifted around. Councilmember Distelhorst expressed support for a $2 million amount. Councilmember Olson reminded the contract had a management reserve which anticipates things that could possibly go wrong or are unanticipated; providing additional funds as a buffer is not something the Council typically does. Alternatively, the Council could approve this amount and add a buffer for the capital projects and give Public Works guidance to hold off on spending so funds could be transferred to the Civic project is something unforeseen happened. She preferred to stay within budget on the Civic project and not include extra money to avoid the expectation that the project could go higher. Mayor Pro Tem Paine restated the amount in the motion: $1,634,447. Edmonds City Council Approved Minutes August 10, 2021 Page 8 UPON ROLL CALL, MOTION CARRIED (5-2), COUNCILMEMBERS K. JOHNSON, FRALEY- MONILLAS, BUCKSHNIS, AND OLSON AND COUNCIL PRESIDENT PRO TEM L. JOHNSON VOTING YES; AND COUNCILMEMBER DISTELHORST AND MAYOR PRO TEM PAINE VOTING NO. Bondingfor Facilities Maintenance Mr. Turley explained staff s recommendation is $4 million for capital facilities maintenance. Staff put a lot of analysis into determining that amount, but the final amount is up to Council. He assumed with the previous bond approval, that the repayment schedule was 20 years; that was not specified in the motion. Mayor Pro Tern Paine asked if the details could be included in the ordinance. Mr. Bauer said the ordinance would likely provide a not -to -exceed final maturity; the final maturity can be determined later. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO FUND THE CAPITAL PROJECTS WITH $4.4 MILLION, THE ORIGINAL ASK, AND LEAVE IT IN THE MORE GENERAL CAPITAL FUNDS AS OPPOSED TO MAKING IT SPECIFICALLY FOR CIVIC PARK. Councilmember Fraley-Monillas raised a point of order, relaying her preference to have questions before a motion is made. Mayor Pro Tern Paine ruled point not taken. Councilmember Olson commented the backlog is $11 million, but one of the issue managing projects in the short term so it not a good idea to bond for all $11 million at once. She was excited the Council was considering this because she felt taking on debt for things that have to be done is appropriate versus taking on debt for things that are nice to have. She was very pleased staff brought this forward for consideration, commenting staff s $4 million recommendation was conservative and she added a little cushion that could be used for other parks projects, building maintenance, etc. She summarized the funds would be available if needed and there are needs up to $11 million. Councilmember Buckshnis referred to Mr. Williams' presentation to the Finance Committee regarding the Facility Condition Assessment and asked if he could do a do five minute presentation. Mayor Pro Tem Paine advised the Council is in discussion on a motion. Councilmember Buckshnis said the Council can go on good faith that the Administration has done their work. Councilmember Fraley-Monillas raised a point of order, recalling Mr. Turley saying the Council can figure out project priorities in the future. Councilmember Buckshnis withdrew her request for a staff presentation. Councilmember K. Johnson asked the amount set aside every year in the budget for building maintenance. Mr. Williams said there was $710,000 in 2021 which is approximately half of the previous year due to unknown revenues when the budget was developed in 2020. There was $1.5 million in 2020, $700,000 in 2019, and it dropped rapidly in previous years. Mayor Pro Tern Paine asked when would be the next ideal opportunity to refund and sell bonds for other facility maintenance projects. She understood the timing for the $4 million and asked if there was an ideal time to bond again. Mr. Williams answered interest rates are really attractive now and interest rates are low while inflation rates for this kind of work are really high, costs are increasing faster than the cost to borrow. That is not always case and it is unknown how long that will continue. Inflation in this industry is exceeding the general rate of inflation by at least double or more and has for the last several years which makes a case for borrowing money, tempered by the ability to pay it back and the source, and ability to deliver the work. Job order contracting will enhance the ability to do projects. Edmonds City Council Approved Minutes August 10, 2021 Page 9 Mayor Pro Tem Paine clarified she understood this was an ideal time for bonding, but wanted to know if there was another window of opportunity with other bonds. Mr. Bauer advised the 2016 Outstanding General Obligation Bonds have a call date at the end of 2023; they are at a very low interest rate so he was unsure that would be exercised. The City also has 2013 Water & Sewer bonds that are callable mid -year 2023 which could be an opportunity. A rule of thumb with tax exempt financing is to spend 85% of the proceeds within 3 years. He did not recommend a shorter amount of time such as issuing bonds now and again early next year due to the cost of issuance. Mr. Turley commented a lot of work goes into issuing bonds so he would not want to begin the process again in three months due to the burden on staff. Councilmember Distelhorst expressed support this work, thanking staff and Mr. Bauer for bringing this forward. He pointed out the amounts Councilmember K. Johnson inquired about are on Slide 4 in staffs presentation. He noted $100,000 for a few years and $56,000 for 20+ years seemed almost criminally underfunding of the City facilities that provide core essential functions to 43,000 residents. It was fortunate there hadn't been any major catastrophes that impacted the ability for City staff to deliver services. He was glad a significant number of projects can be started once these funds are available and he hoped the necessary funding could continue to be provided to keep the City functioning for the residents. Councilmember K. Johnson asked the total amount of the building maintenance backlog. Mr. Williams said for the things that are tracked, it is currently about $4.5 million which is in 2018 dollars. Councilmember K. Johnson asked what other major capital projects need to be funded. Mr. Williams answered the combined cost of City Hall, Frances Anderson Center windows, restrooms, plumbing, and ventilation system is $3-5 million. Mayor Pro Tem Paine observed the bond amount for Civic Park and the proposed $4.4 million for capital facilities projects would be above $6 million. Councilmember Olson pointed out the amount for Civic Park was less than the original request. Councilmember Distelhorst raised a point of order, pointing out the amount for Civic Park was $1.634 million so the total would be slightly above $6 million. Mayor Pro Tem Paine ruled point taken. Councilmember Buckshnis asked if it would be smart to do a $6.325 bond issuance. She suggest the maker of motion indicate an amount that would round up to $6 million instead of $4.4 million. Councilmember Olson said she was okay with that but recalled there was a not to exceed amount. Councilmember Buckshnis said a bond issuance was typically not done for an odd amount, it was usually a round number. Mr. Bauer said what he was hearing from Council was the amount in net proceeds which could be identified down to the penny and that is exactly what he will provide plus issuance costs. Bond issues are sold in $5000 increments so there would be a slight rounding. Councilmember Olson restated the motion: TO GET US TO THE NUMBER THAT STAFF PROPOSED FOR THE AGGREGATE OF ALL OF THE ASKS. Council President Pro Tem L. Johnson suggested continuing with $4.4 million. Councilmember Olson asked for confirmation from Mr. Bauer that that works. Mr. Bauer responded $4.4 million for capital improvements is sufficient information for him; $4.4 million and $1,634,447 will be slightly over $6 million. Councilmember K. Johnson recalled Mr. Williams said the total maintenance for buildings was $4.5 million and asked if that was over 10 or 20 years. Mr. Williams answered that is the current backlog which grows every year. Staff has been able to make a small dent in the backlog in recent years but the backlog continues Edmonds City Council Approved Minutes August 10, 2021 Page 10 to grow as projects are done. A capital infusion such as this will allow a lot of work to be accomplished and address a significant portion of the backlog. If the right amounts are allocated each year with adjustments for inflation, he anticipated the City could keep up. Councilmember K. Johnson observed if $1.5 million was budgeted as was done last year, the backlog could be addressed in 3 years, but it would continue to accumulate. Mr. Williams agreed. Councilmember K. Johnson asked if 1.5 million was budgeted this year, the bond would only need to be $3 million to achieve the total building maintenance backlog plus an annual contribution. Mr. Williams asked if "this year" meant 2021. Councilmember K. Johnson said she meant 2022; she was trying to scope out the need for this. Mr. Williams explained the current backlog is about $4.5 million in 2018 dollars. He agreed if current resources were available that may be preferable to borrowing, but he was unsure where Councilmember K. Johnson was suggesting that would come from. Councilmember K. Johnson said there was $710,000 in 2021 and $1.5 million in 2020. Mr. Williams said the $710,000 did not match the approximately $800,000 in 2018 dollars that is needed on an annual basis if the backlog was already caught up, so the backlog fell further behind in 2021. In the meantime, all the buildings are losing another year of life and replacement costs are increasing. Councilmember K. Johnson recalled she asked for the original study regarding building maintenance due to the importance of maintaining buildings. The City is continually perfecting its knowledge about building maintenance. She was not suggesting it was not important but was trying to get a handle on the amount that needed to be bonded. Councilmember Fraley-Monillas said she was not comfortable with looking at amounts in future budgets, due to unknowns such as the City's finances, tax revenue, bond debt payments, etc. She preferred to follow staffs recommendation regarding what the City can afford to do at this point. Council President Pro Tern L. Johnson recalled Mr. Williams saying the backlog was $4.5 million in 2018 dollars, observing the proposed bonding amount would not cover the backlog. Mr. Williams answered there is truth to that. He was thrilled to be having this conversation and to have an infusion of this magnitude to address a lot of problems. He agreed it would not address everything, there are a lot of projects, some not even included in the backlog amount, but it would take a big bite out of it and it will take a couple years to deliver that work and at that point, the facilities maintenance can be reassessed. He would welcome an amount adjusted for inflation but was satisfied with the Administration's recommendation of $4 million or the motion for $4.4 million. Council President Pro Tern L. Johnson said she had concerns with the backlog and how long it had existed. She was interested in catching up and not leaving a burden for future generations. She wanted to ensure this amount would be adequate to accomplish that goal. Councilmember Distelhorst asked if the length of the bonds was intended to be 20 years. He suggested the maker of the motion clarify that. Councilmember Olson agreed with 20 year bonds. Councilmember Buckshnis agreed with Council President Pro Tern L. Johnson; she would have liked a higher amount, possibly $8 million, but the Administration indicated $6 million was appropriate. She will support the motion even though she agreed there was a huge backlog to consider. Councilmember Fraley-Monillas said everyone agrees there is a big backlog, but the City needs to continue to do business. She commented a 20 year loan for $2 million will cost the City $2 million in interest; it isn't Edmonds City Council Approved Minutes August 10, 2021 Page 11 free money. If the Council wanted to do more work on the amount, she suggested scrapping this tonight and working on it another night. She summarized it was irresponsible to do anything other than what had been carefully lined out. MOTION CARRIED (6-0-1), COUNCILMEMBER K. JOHNSON ABSTAINING. COUNCIL PRESIDENT PRO TEM L. JOHNSON MOVED TO EXTEND FOR 10 MINUTES. MOTION FAILED FOR LACK OF A SECOND. COUNCIL COMMENTS 8. MAYOR'S COMMENTS ADJOURN With no further business, the Council meeting was adjourned at 10 p.m. MICHAEL NELSON, MAYOR SCOTT PASSEY, CITY CLERK Edmonds City Council Approved Minutes August 10, 2021 Page 12 free money. If the Council wanted to do more work on the amount, she suggested scrapping this tonight and working on it another night. She summarized it was irresponsible to do anything other than what had been carefully lined out. MOTION CARRIED (6-0-1), COUNCILMEMBER K. JOHNSON ABSTAINING. COUNCIL PRESIDENT PRO TEM L. JOHNSON MOVED TO EXTEND FOR 10 MINUTES. MOTION FAILED FOR LACK OF A SECOND. COUNCIL COMMENTS 8. MAYOR'S COMMENTS 9. ADJOURN With no further business, the Council meeting was adjourned at 10 p.m. MICHAF ELSON, MAYOR 5 SSEY, ITY CLERK Edmonds City Council Approved Minutes August 10, 2021 Page 12 Public Comment for 8/10/21 Council Meeting: From: ACE President Sent: Monday, August 9, 20218:47 PM To: Paine, Susan <Susan.Paine@edmondswa.gov> Cc: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov>; LaFave, Carolyn <Carolyn.LaFave@edmondswa.gov>; Teresa Wippel <teresa@myedmondsnews.com>; Edmonds Beacon Editor <edmondseditoryourbeacon@gmail.com> Subject: Re: Third time no Extended Agenda publicly posted over last 10 weeks Thank you for your reply Council President Paine, I have attached a screenshot of page 2 of the extended agenda web page refreshed with a timestamp of 3:46pm taken today to be extra sure I was not mistaken. I should not be having to inform you of this yet again. This is basic stuff. Interestingly, it was quickly posted at 3:55pm after I brought it to your attention. Thank you. I assume the days would have once again continued to pass if I had not brought it up. This has been a pattern for 3 of the last 10 weeks so it will be of utmost importance for the public to know how you intend to prevent this from occurring from here on out. Entire missing agendas of future dates, as with the August 24th date, is another alarming pattern that needs your attention. The citizens deserve to be as informed as the rest of the council, administration and staff with sufficient time to research, prepare and engage in the critical process of government. Please remember the citizens are at the top of the City of Edmonds organizational chart. There is a lot of information that is on an agenda as well as an extended agenda, and for good reason. Thoughtful reflection on the oversight needed to ensure complete agendas are provided in a timely manner should be the best practice from here on out. The outdoor dining ordinance, if paused and coming back, still needs to be visible to others until it is put back on the extended agenda. It seems to make sense to now post it under Future Unscheduled Items. If it were me, I would be double-checking and clicking on the extended agendas myself every Friday to be sure all of the information needed for the public to be informed is included. That is the job of the council president to set these agendas accurately, timely and inform the citizens as is required. I look forward to your reply with defined actions to correct this as clearly the "normal process" is not occuring. Sincerely, Edmonds City Council Approved Minutes August 10, 2021 Page 13 Dr. Michelle Dotsch ACE President Edmonds City Council Approved Minutes August 10, 2021 Page 14 Q & link.edmondswa.gov 2021 City Council Extended Agenda R Entry Properties Path Edmonds\Cit y Clerk Records Library\1.10 MEETINGS & HEARINGS\M eeti ngs- Governing Executive (6yrs-A)\City Council Meetings\20 21 \2021 City Council Extended Agenda Creation date 11 /25/2020 1:21:23 PM Last modified 4 * IVd Q =1ri ]'Cdr10 `ds IE',Il A[-]U[ tdrnan,s -CK, -_I, r.-"D:`ds Ulr,,rj 11p b1EEl jr4C=` &-H[n IN IGS `ArrIIn�S Gny.;•N ti:r; ut -_r---o.l Jt, C�i ,Il 61rreng<_ - Coll - 2021 Gq� Counol Ex Wedggcnda Nan-P_ Page C..rT VQ:Lrle'.Me Ternpare name ExlcndO lgrndc 1j6,2:• [7 L CLEHRO"002' fd,unr. art' Hfor ^o; ExlrrlrlM Aycrirl' 11 CLEH41II:do! ruf mr-, aid He--p !C] Ee[ended .ggendo 07.0921 CLEA4000C12' Lleeting arr. Hogs �]Exlrndrd Agrnda fl7.l 111 r Ill�h1-r`ICi•" IdfcrlrlQ'.nrvi Heiri'��x �Fxlrndrd A„rrldr. 07.ZA it 6 Cl Fa SIWW, rd-W,V;; nnn H--y; Er.[endod AgCndo 17.3721 E CLE;{0"002' rdecOng orc Heari^es Pape? ri 7 -1—. . 1 2 ]1 Envies Edmonds City Council Approved Minutes August 10, 2021 Page 15 From: Paine, Susan <Susan.Paine@edmondswa.gov> Sent: Monday, August 9, 2021 5:44 PM To: ACE President Cc: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov>; LaFave, Carolyn <Carolyn.LaFave@edmondswa.gov>; Teresa Wippel <teresa@myedmondsnews.com>; Edmonds Beacon Editor <edmondseditoryourbeacon@gmail.com> Subject: Re: Third time no Extended Agenda publicly posted over last 10 weeks Dear Dr Dotsch, The most current extended agenda was uploaded today, as there were network troubles last week. Regarding the Unit Lot Subdivision continuance, it has been posted on the Extended Agenda from 7/30. I've attached a screen shot and highlighted (in red) the information. Regarding the Outdoor Dining Ordinance, Council asked for a revised ordinance and this has not reappeared onto the extended agenda. As for the Extended Agenda for 8/24, the date must have been deleted, but if you look at the other attachment, I've highlighted in blue the agenda items for that date. My apologies for the late posting of the extended agenda. The normal process is that the assigned staff person collects the information from the agenda software and posts it to the webpage. Thank you for bringing this to our attention, Susan Paine, (she/her) M.P.A. Council President Edmonds City Council, position 6 425-361-8844 From: Johnson, Laura <Laura.Johnson@edmondswa.gov> Sent: Monday, August 9, 20214:21 PM To: ACE President; Paine, Susan <Susan.Paine @edmondswa.gov> Cc: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov>; LaFave, Carolyn <Carolyn.LaFave@edmondswa.gov>; Teresa Wippel <teresa@myedmondsnews.com>; Edmonds Beacon Editor Edmonds City Council Approved Minutes August 10, 2021 Page 16 <edmondseditoryourbeacon@gmail.com> Subject: Re: Third time no Extended Agenda publicly posted over last 10 weeks https://weblink.edmondswa.gov/WebLink/O/doc/1495143/Pagel.aspx Laura Johnson (she/her) Edmonds City Council Position #7 From: ACE President Sent: Monday, August 9, 2021 3:39 PM To: Paine, Susan <Susan.Paine@edmondswa.gov> Cc: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov>; LaFave, Carolyn <Carolyn.LaFave@edmondswa.gov>; Teresa Wippel <teresa@myedmondsnews.com>; Edmonds Beacon Editor <edmondseditoryourbeacon@gmail.com> Subject: Third time no Extended Agenda publicly posted over last 10 weeks Council President Paine, This morning I went to the Edmonds city website to review the Edmonds city council extended agenda that should have been posted last Friday, August 6, 2021. To my surprise, NO Extended Agenda was posted. This is now the third time since June 4 that there is no opportunity for the citizens to review and adequately prepare for any upcoming scheduled presentations, public hearings, study sessions and potential actions. Laserfiche WebLink edmondswa. ov . It is now after 3pm on Monday, August 9 still without any current extended agenda posted. When the next extended agenda is made available to the public Friday, August 13th, it will most likely be filled with vital topics only a few currently know about, giving the public another huge void of transparency of government and trust. This is becoming quite common with entirely empty future council meeting agendas suddenly scheduled 1-2 weeks prior with important agenda items no one knew were coming. They aren't even items transferred from the future unscheduled list. The council voted unanimously on July 27 to extend the discussion on the outdoor dining ordinance. It is not listed on the August 17th extended agenda or any future date. Where did it go? My understanding is that the Unit Lot Subdivision public hearing was extended for August 17, but without a current extended agenda how can anyone who wishes to participate know if it is still scheduled? This should not be made this hard for the public to follow. Edmonds City Council Approved Minutes August 10, 2021 Page 17 On the last available extended agenda posted July 30, 2021, only the August 17 and September 7 dates had anything of substance scheduled to review. Link here: Extended Agenda for July 30 2021 (edmondswa.eov You stated at the July 27th council meeting that there was too much packed into the upcoming extended schedule, so that made it very difficult to schedule any future new agenda items. That seems a bit of a stretch when the August 24th meeting has absolutely nothing scheduled as of today, August 9th, 2021. Is there something you know that the public does not? I emailed you on March 30, 2021, to reasonably request adequate notice of future items be posted to the extended agenda. You replied: "As for advanced notice, the normal processes will be followed for getting notice out to all of Edmonds." Since this is now the 3rd time in only 10 short weeks, please clarify the "normal process", as this advanced notice process is clearly being neglected under your tenure as council president, who sets these agendas with the administration. I made you well -aware this had happened twice before, so wouldn't you think that this is something you would now prioritize? If not, why not? If extended agendas are not being posted as would be expected and perhaps legally required, could this place the City in legal jeopardy later if the Council acts upon matters that were not properly noticed? The public is being left out of the process of our own government and I hope you agree this is unacceptable. What will you do to correct this? Sincerely, Dr. Michelle Dotsch, on behalf of The Alliance of Citizens for Edmonds (ACE) From: Joan Bloom <joanbloom@hey.com> Sent: Monday, August 9, 2021 9:46 AM To: Public Comment (Council) <publiccomments@edmondswa.gov>; Paine, Susan <Susan.Pain e@edmondswa.gov> Cc: Nelson, Michael <Michael.Nelson @edmondswa.gov> Subject: Re: Re -submission of my 7-27-21 public comments Council President Paine, I greatly appreciate your reply. Thanks for taking care of my concerns. Edmonds City Council Approved Minutes August 10, 2021 Page 18 Regards, Joan From: Paine, Susan <Susan.Paine@edmondswa.gov> Sent: Monday, August 9, 2021 8:46 AM To: Joan Bloom <joanbloom@hey.com>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Nelson, Michael <Michael.Nelson@edmondswa.gov> Subject: Re: Re -submission of my 7-27-21 public comments Dear Ms. Bloom, I'm glad to ensure that your prior letter and this one will be included in the next council agenda packet. Take care, Susan Paine, (she/her) M.P.A. Council President Edmonds City Council, position 6 425-361-8844 From: Natalie Seitz Sent: Sunday, August 8, 20218:08 PM To: Council <Council@edmondswa.gov> Subject: Comment for 8/10 meeting Hello, Good Evening. I will be unable to attend the later 8:30 time for the City Council meeting this coming Tuesday 8/10. My comments addressing implementation of the State Environmental Policy Act (SEPA) for the Urban Forest Management Plan and Tree Code are below. Thank you for your time and consideration of these comments, and I hope you have a pleasant evening. Thank you, Natalie Seitz Edmonds City Council Approved Minutes August 10, 2021 Page 19 Comments: Through public records disclosure I learned that the City self -exempted the 2019 Urban Forest Management Plan (UFMP) from SEPA compliance by identifying that it "contained no substantive standards respecting use or modification of the environment." This is an astounding and erroneous determination because the UFMP includes provisions directly aimed at planning and actions, including specific goals to update tree regulations, change penalties and tree replacement requirements. Other Cities, including Seattle, recognize the requirement to perform SEPA when updating their urban forest management plans. I believe that the City should comply with environmental regulations; and should have conducted SEPA for the UFMP. When the development tree code was subsequently adopted in 2021, the city referenced the UFMP as being the reason for the code update in the SEPA checklist. The City specifically identified that the code would apply to short sub -division, subdivision, new multi -family development, and new single-family development. This demonstrates the UFMP does change "use or modification of the environment," as well as the City's specific understanding of the code's impact to land use. However when it came to analyze land use impacts in accordance with WAC 197-11-960: the City did not respond to 8a question 2 which would have identified impacts to current land uses, and did not analyze the impact to existing land use plans when responding to 81. Instead referring to the UFMP which is not a land use plan therefore not responsive to the requirement. If the City had performed the required analysis the impacts treed properties being able to develop as zoned, as well as the significant penalty similarly zoned parcels would pay (thereby impacting land use and the ability for certain neighborhoods to accumulate wealth) could have been identified. Impacted properties could have been notified to provide comment. Trees are not uniformly distributed. It is areas annexed in the 60's, 90's and SR99 corridor who will pay and have their ability to accumulate wealth diminished by the code, while properties in downtown neighborhoods will not. I know that was in the weeds, however I think the City needs to use this opportunity to comprehensively address land use impacts of both the development and proposed maintenance tree regulations. I do not believe the City has SEPA coverage that can withstand even a cursory amount of scrutiny. Additionally, and although not required by SEPA, many jurisdictions now include environmental justice considerations. Please consider including an environmental justice analysis as a means to show with action the City's commitment to equity. Edmonds City Council Approved Minutes August 10, 2021 Page 20 From: Joan Bloom <joanbloom@hey.com> Sent: Thursday, August 5, 2021 7:59 PM To: Paine, Susan <Susan.Paine@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Nelson, Michael <Michael.Nelson@edmondswa.gov> Subject: Re -submission of my 7-27-21 public comments Council President Paine, I request that you personally ensure that the Council Administrative Assistant includes the full text of this email, including the full text of my 7-27-21 comment submitted on 7-28-21, below, in the 8-10-21 Council packet. On 7-28-21, 1 submitted as a public comment to "publiccomment@edmondswa.gov" (see below) the full text of my 7-27-21 comments to Council. Despite the fact that I submitted the comments the day after the Council meeting, in plenty of time to be included in Council's 8-3- 21 packet, my comments were NOT included in the packet. Mayor Nelson, in his comments at the end of the 8-3-21 Council meeting, made extremely serious and erroneous allegations and misrepresentations of the comments of those who attended the 7-27-21 Council meeting. It was reported in myedmondsnews that he said in his comments: "there was no condemnation or apology from the candidate for this extremist conduct," adding that current and former elected officials also failed to publicly condemn the actions of those gathered last week." To my knowledge, I was the only "former elected" official who attended the 7-27-21 Council meeting, so it appears that Mayor Nelson was calling me out personally in his comments. Please REPLY ALL with your assurance that the full text of this email, including the full text of my comments below, will be included in the 8-10-21 Council packet. Joan Bloom Former Edmonds City Council Member 2012-2015 From: Joan Bloom <ioanbloom@hey.com> Edmonds City Council Approved Minutes August 10, 2021 Page 21 Date: Wed, Jul 28, 2021 at 9:23 AM Subject: My 7-27-2021 comments to Mayor Nelson and Council To: "pLibliccomment@edmondswa.gov" <aubliccomment@ediiiondswa.gov>, "Council , edmondswa.gov" <counciI@edmondswa.gov>, Michael Nelson^ <michael.nelson@edmondswa.gov>,and Jeff Taraday<eff li hthouselaw rou .cQm> 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 10, 2021 Page 22 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: Paine, Susan <Susan.Paine@edmondswa.gov> Sent: Thursday, August 5, 20213:29 PM To: Joan Bloom; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Nelson, Michael <Michael.Nelson @edmondswa.gov>; Council <Council@edmondswa.gov>; Taraday, Jeff <jeff@lighthouselawgroup.com>; Doherty, Patrick <Patrick.Doherty@edmondswa.gov> Subject: Re: My 7-27-2021 comments to Mayor Nelson and Council Dear Ms. Bloom, Your comments will be in the next Council agenda packet for 8/10/2021. When we moved to virtual meetings, we added an email address for public comments. The practice is to include all the public comments received in the next packet from the end of the prior week's meeting thru the end of the next week's meeting. Sincerely, Susan Paine, (she/her) M.P.A. Edmonds City Council, position 6 425-361-8844 From: Joan Bloom <joanbloom@hey.com> Sent: Thursday, August 5, 2021 1:53 PM Edmonds City Council Approved Minutes August 10, 2021 Page 23 To: Paine, Susan <Susan.Paine@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Nelson, Michael <Michael.Nelson@edmondswa.gov>; Council <Council@edmondswa.gov>; Taraday, Jeff <jeff@lighthouselawgroup.com>; Doherty, Patrick <Patrick.Doherty@edmondswa.gov> Subject: Fwd: My 7-27-2021 comments to Mayor Nelson and Council Council President Paine, I request that you personally ensure that the Council Administrative Assistant includes the full text of this email, including the full text of my 7-27-21 comment submitted on 7-28-21, below, in the 8-10-21 Council packet. On 7-28-21, 1 submitted as a public comment to "PLibliccomment@edmondswa-gov" (see below) the full text of my 7-27-21 comments to Council. Despite the fact that I submitted the comments the day after the Council meeting, in plenty of time to be included in Council's 8-3- 21 packet, my comments were NOT included in the packet. Mayor Nelson, in his comments at the end of the 8-3-21 Council meeting, made extremely serious and erroneous allegations and misrepresentations of the comments of those who attended the 7-27-21 Council meeting. It was reported in myedmondsnews that he said in his comments: "there was no condemnation or apology from the candidate for this extremist conduct," adding that current and former elected officials also failed to publicly condemn the actions of those gathered last week." To my knowledge, I was the only "former elected" official who attended the 7-27-21 Council meeting, so it appears that Mayor Nelson was calling me out personally in his comments. Please REPLY ALL with your assurance that the full text of this email, including the full text of my comments below, will be included in the 8-10-21 Council packet. Joan Bloom Former Edmonds City Council Member 2012-2015 From: Joan Bloom <Joanhlocm he .com> Date: Wed, Jul 28, 2021 at 9:23 AM Subject: My 7-27-2021 comments to Mayor Nelson and Council Edmonds City Council Approved Minutes August 10, 2021 Page 24 To: "publiccomment@edmondswa.gov" <publiccomment@edmondswa.gov>, "Council@edmondswa.gov" <council@edmon_dswa.go>, Michael Nelson <michael.nelson@edmondswa.gov>, and Jeff Taraday <leff@lighthouselawgroup.com> 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." 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, Edmonds City Council Approved Minutes August 10, 2021 Page 25 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: Cynthia Sjoblom Sent: Wednesday, August 4, 2021 1:54 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: SOUND THE ALARM ABOUT THE RAT PORTAL (CAPS ARE FOR EMPHASIS/NOT YELLING) SOUND THE ALARM ABOUT THE RAT PORTAL To the council and the Mayor, My email started out very differently UNTIL I listened to your comments at the very end of your meeting. Let me start out by saying "AS A WOMAN OF COLOR" since you would DEFINE ME that way and a MINORITY WOMAN .... I am absolutely beside myself about what I heard! SHAME ON THOSE OF YOU WHO CHATISED YOUR CONSTITUENTS LAST NIGHT FOR BEING UPSET WITH YOU. AGAIN, YOU FAILED to APPLY THE CODE. If you are engaging in things that insight anger in YOUR CONSTITUENTS (NOT LISTENING TO YOUR CONSTITUENTS/DOING WHAT YOU WANT) then you have NO RIGHT to JUDGE US for call you out for not doing your jobs! This CRITISM COMES WITH THE JOB! Can't handle it, get a different job. Your constituents can tell you, "you are all like a bunch of worms........" you don't handle it by attacking back. USE SOME DECORUM. You're PUBLIC OFFICIALS.... no one said your jobs would be easy, no one said everyone would be happy with you......... BUT we will be happier if you follow your Code of Conduct and I will say it as many times as necessary until it goes across AND become part and parcel with your jobs. You chose public office, it comes with the territory. People have often come to council meetings and have exercised great restraint and have used "civility" with you and where has it gotten your constituents???? YOU ARE ABUSING YOUR POWERS!! Please Stop! LUKE-comparing "take a picture of a POTHOLE to a RAT PORTAL and "TAKE A PICTURE OF RACISM..." !!! What does that look like? I was with a friend in Downtown Edmonds last Friday Edmonds City Council Approved Minutes August 10, 2021 Page 26 night. She was the color of white, I am brown, since this is how you people are categorizing us nowadays. (I did not want to bring this up but you leave me no choice) A black man sat down on a bench outside the loft and he stated to us, "Y'all better leave. In my confusion I said, "what". Again, "Y'all better leave". We had done nothing to warrant someone telling us to "leave". This has never happened to me in my 21 years in Edmonds. The man appeared to be perhaps intoxicated or on drugs, hard to say which. So you want me to post this on your rascist portal?? Is this the trouble YOU ARE LOOKING TO INSIGHT?. Racism doesn't just go in one direction! A young man who is Hispanic/Caucasian informed me recently he is called by other Hispanics "whitewashed", "wanna be white". He was DENIED A JOB in California by people from his own race (Hispanic) because his father is white. Please STOP acting like racism only occurs outside ones own culture. People within their own culture mine included, have JEALOUSY, RESENTMENT, BIAS AND HATRED within their own groups. Have you heard of black on black crime which occurs in Chicago repeatedly? Have you heard of Mexican gangs in California killing each other?? Now white people are being referred to as "white priviledged" by your own council members and you don't think this is racist, hateful and biased? OMG H Where am I living because this is not the Edmonds I have loved for 21 years. My neighbors to my left and across the street are Asian and I have never heard them complain about racism in Edmonds. Yet, shoving this topic of racism and reporting it, down people's throats and is bringing resentment into our community because of your RAT PORTAL. WATCH OUT CONSTITUENTS, our gov't is going to CREATE PROBLEMS that WEREN'T big in our community before and force this change to get more funding, federal, state, private donations, grants .......... BECOME LIKE SEATTLE, ADOPT THEIR POLICIES, tcreatethe problems Seattle has!) and will PLAY THE RACE CARD to do it. CREATE RACE RIOTS AND HATRED USING A RAT PORTAL.. Let's create a portal so we can insight people to get angry at each other THEN MORE GOV'T CONTROL. NO THANK YOU! STOP WITH THE CRAZY HATEFUL RAT PORTAL. (Again, it violates the Code of Conduct). Have some of you studied it at all. Your actions indicate that you have not! I suggest you get in keeping with it. Clearly, the attorney knows nothing about constitutional rights and the right to privacy although, in his defense he did say it could or couldn't create problems. Don't you love middle of the roaders. But ultimately he caved to appease the mayor to keep the money rolling into the law firm! For those of you who didn't vote to pause this_ludacris, divisive, hateful, site you truly should be voted out of office because you don't represent what WE know and love Edmonds to BE. (This is not to say there won't be some unfavorable situations) but if you truly think you will get RACISM out of EDMONDS by creating a devicive hate portal think again. It's a RIDUCLOUS OXYMORON (let's stop racism by getting people to report on others about race)! It will end in multiple lawsuits. If you dislike your constituency enough you will spend our money on such things that could have been avoided. The proof is that so many of us have repeatedly asked for you to take it down. So you were warned. That will add more money to the lawsuit that you will lose. That will all be brought up in court. Last night you had a young woman who said someone Edmonds City Council Approved Minutes August 10, 2021 Page 27 posted on her and now was clearly upset and worried, wondering what she can do about it now! YOU ARE BRINGING THIS ON EDMONDS and WE don't want it! Council woman Mondicis, from my observation listening to you, and from what I have heard from others, you sound angry and many people in Edmonds have stated you appear to a "bully"? Should I report their bias against you and should I report your bias against constituents since you said you were "bullied" thereby stating the crowd were "bullies"? DON'T BLAME YOUR ACTIONS on YOUR CONSTITUENTS (not following the code to treat your constituents as YOUR MOST VALUED CUSTOMER, respect your constituents so you don't have to be ACCOUNTABLE for your own behavior. That's not what the CODE OF CONDUCT SAYS about how to behave. Your constituents on the other hand, don't have to abide by a code if they believe that their "representatives" have not served their interests well. It's upsetting to me too, to say the least. I must say, I did not show up at last weeks 7/27 meeting because of a radio show as you suggested. False accusations (defames your constituents and that won't bode well in terms of service to your public) and you're not applying the CODE. If you recall, your sound bite DOWNGRADING EDMONDS was a year ago. Are you still downgrading Edmonds or can you follow the Code, "respect your citizens" and "don't say something that would reflect negatively about the City and the Services you provide"? Clearly, your constituents are NOT HAPPY with the service you have been providing. Why are you so easily amenable to vote constantly with the Mayor??? It appears you dislike us! You know that could get reported on the RAT PORTAL as bias against your constituents? (I wouldn't but others might! Why don't you stand with the voices of your constituents instead. Do you really resent us? If so, you're not following the code and you are not doing your job. Please DO NOT blame comments on an ELECTION CYCLE, it really has nothing to do with that....... it has to do with your actions and "CONDUCT". Use the right conduct and see what happens. Magic. There are a few others who Join Monillas who vote constantly with the way the Mayor votes! Laura Johnson, Luke ❑istelhorst, Susan Paine. This is very troubling to your constituents because it means you are putting the will of the Mayor before your constituents and he works for the people .......or at least in theory he is supposed to. Do you know that your constituents call you "The 4" because you do not use your power to distinguish what the people want! Nothing the people want can happen because you are following the wrong leader. We are at the top of the org board, remember? Why are you voting some other way? Why are you not honoring your OATH OF OFFICE to PROTECT and SERVE your constituents? Is the Mayor your constituent? Mayor Nelson, I am absolutely BEYOND DISSPOINTED that you would CALL OUT YOUR CONSTITUENTS last night! That did not score you any points from the CODE of CONDUCT regulations. YOU BLAMED YOUR CONSTITUENTS for calling out our government officials and their actions. THAT CANNOT GO ON! Your constituents have first amendment rights to say what they want, (hopefully without expletives) but .... you cannot censor that at a council meeting and you should include in the tape of the meeting, the audience reaction. That is censorship and others have a right to know how people in the room feel. Edmonds City Council Approved Minutes August 10, 2021 Page 28 If there is a cancer inside the way politics is BEING CONDUCTED, then by all means we want to cut the cancer out. What might be the cancer? Possibly the way decisions are being made that do not favor the will of the people. What might the COMMUNIST remarks be about??? And for the record, I believe A Jewish man spoke about Germany and the Nazi's with children having to rat out their parents. Maybe we have people living in the community who lost their parents during the holocuast? (have you tried getting to know your constituents from the meetings or are we all a nuisance. He did not call you communist to my recollection he was stating the RAT PORTAL is communistic. Another woman spoke from Romania and she talked about her life experience living under communism. Our Edmonds government has a site for People to rat each other out and their names collected on a list to be used anyway government sees fit? Here are just a few ways the RAT PORTAL can harm others It could threaten people's daily security (now someone wants to know where the individual lives, livelihood should someone get fired from their job and now dad can't feed the family, or maybe the mother lost her job and now there is no longer a two income family. Someone going to college has now been ratted out and now the student is going to get kicked out of college because that same person told the college administration. An adolescent member gets called out on the RAT PORTAL, the father is so angry, the child now gets hit with the belt because it brought embarrassment to the family! A wife gets her name plastered on the RAT PORTAL and her husband is now angry with her because it now jeopardizes the reputation of his business. So many reports can occur from a misunderstanding or just because someone wants to get back at someone else for not good reason. If I had been in the room when somebody came up with this idea for the RAT PORTAL, I would have shut it down as an idea, in a heartbeat. Someone in your council mentioned (I didn't see who) but they thought it "might" be a good idea to think this through! There may have been more than one person but........ there's are things that no one has thought about and should have been listened to. Just get rid of the RAT PORTAL I'm hopeful that my previous email to all of you will be published in "MyEdmondsNews" for others to read. I will begin the process of sending in a certified letter to council and the Mayor as a record of violations noted in my previous email. And yes Luke these emails are of public record, I will begin to add in certified letters as well about the outrage of your citizens because you are only listening to and thanking the ones you I will also include the full text from the message posted by Shoreline BLM who mentioned they were to "fill the streets of Edmonds to counter hate at the council meetings". The purpose here is for exposing any possible coercion that may have come from inside council chambers as a way of discouraging continued participation by those who attended the week prior. For the record, you are NOT witnessing hate inside the council meeting you are witnessing anger. Edmonds City Council Approved Minutes August 10, 2021 Page 29 Anger, that our voices fall on blind eyes and deaf ears about what we have to say. The public has certainly engaged with you in a polite and civil manner but have still failed to have their voices heard. For your information there were several people who did not attend after seeing that message as they refused to get involved with an agenda to thwart the will of the people. ! It appears that it could have only come from inside stating that we were flu nmasked/unvaxxed". Seeing individual speakers gave no knowledge to zoom visitors that anyone in the crowd was unmasked. It was reported to me by two separate people that Ms. Monillas had photographed her constituents which seemed highly irregular and we had no knowledge what the purpose was in doing so. If it was to identify her dissenting constituents it also violates the code of conduct to "respect the citizens", be courteous, professional and use manners. Do not target your citizens in any manner because of constituency disagreement. If any person inside the chamber engaged in this encouragement it would not only be a gross violation of your oath of office to "protect and serve" but we would be looking squarely at actions that would constituent "subversion". What are the penalties for that. It's my understanding that you will reconvene on 8/5/21 to discuss newly, the biased, racist, hateful portal. I hope that all of you will take this matter very seriously and understand the potential magnitude that carries with it, to have such a site in the first place. it with the great magnitude realize it violates constitutional rights, the right to privacy, the right to free speech with retaliation (the site would be retaliatory) and ...... the site is not in keeping with your oath of office and the code of conduct. From: Kathy Brewer Sent: Wednesday, August 4, 2021 1:52 PM To: Council <Council@edmondswa.gov>; Nelson, Michael <Michael.Nelson@edmondswa.gov>; LaFave, Carolyn <Carolyn.LaFave@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Subject: August 3 Council Meeting Thank you Vivian Olson, Diane Buckshnis and Kristiana Johnson for standing up for Edmonds citizens and our civil liberties! Shame on you, once again, Block of Four, for blocking the reasonable three and pushing your partisan agenda and supporting the wayward Mayor! Sincerely, Kathy Brewer Edmonds City Council Approved Minutes August 10, 2021 Page 30 From: Cynthia Sjoblom Sent: Wednesday, August 4, 2021 1:52 PM To: Nelson, Michael <Michael.Nelson @edmondswa.gov>; Council <Council@edmondswa.gov> Cc: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: final comments from 8/3/21 meeting The Mayor Nelson and the council: My earlier email would not be complete without addressing some additional points: Mayor Nelson, your comment about "some" constituents had come from a drinking establishment prior to last weeks meeting on 7/27/21. Are we to assume that ALL people in drinking establishments only drink alcohol? I can assure this is not the case from personal experience. Therefore, it could be reminiscent of a smear tactic. We can do without that Mayor! The comment by you was out of line and not in keeping with the Code of Conduct to show professionism, and manners towards your constituents. It's not in keeping with "citizens rights" and upholding "your most valued customer". Also last night, from my observation (so it is somewhat subjective) but it bares bringing up, you seemed dismissive of a couple of our council members who were not in lockstep with your agenda and I believe that showed. The Code of Conduct also states you are to treat each other in a courteous and professional manner. There should never be a need to admonish a council member in chambers unless there is some egregious act being conducted. I know that was not the case. A bigger concern I have now as a result is how are council treated behind closed doors or private meetings. It makes me wonder if even council members fear retaliation of sorts, or intimidation and therefore they can't adequately "represent" their constituents. The way in which you expressly admonished your constituents last night about a previous meeting leads me to believe that even your council members might not feel unrestrained to speak freely and dissent from your agenda when they want to. Mayor Nelson, please allow council to represent the constituents of Edmonds freely. You also mentioned the issue of the Swastika last night 8/3/21 and I would like to point out there was NO CONCRETE DATA whatsoever of WHO put the swastika on a tree. Because we have no proof that someone of the color of white did this, (even though the action itself purposefully leads to an automatic assumption this was a person the color of white (because it was a swastika) and it's my understanding you were requesting the possibility of cameras in our parks!! I hope this is not true and Mayor Nelson, do you see an inherent danger of this kind of talk??? It is alarming and unnerving to people who have lived here a long time WITHOUT a GOVERNMENT WATCHDOG. This would be alarming to people who moved here from another country escaping communist regimes only to discover we are becoming more like the countries they fled. Ask your constituents who moved here from those countries what they think of the idea? I'm quite certain of their response since I know some. Finally in closing, I would like to comment on Laura Johnson's display of admiration for a group of individuals who showed up last evening and were summoned up to come from outside our Edmonds City Council Approved Minutes August 10, 2021 Page 31 area "any city" to "fill the streets of Edmonds" as a counter -protest against Edmonds residents. These actions should not be tolerated in the future. We cannot have people from other cities dictating our politics. They are not qualified to vote and make political decisions in Edmonds and it gives the illusion by their presence that they are. Laura, even if you didn't like what your constituents said from a previous meeting, you might want to check your voting record against the citizens of Edmonds and connect the dots about why people were/are angry. If the vote you cast is NOT in the best interest of your constituents then you are representing some other agenda and that just won't do. At least one council member had the courage to try to "understand" where the constituents were coming from and thanked us appropriately. That WAS FOLLOWING THE CODE!!!!!!! I would like to ask Mayor Nelson to uphold your council members with esteem even in dissension because you are to adhere to the regulations and codes between members and while you may have some authority over council you have no right to speak in a discourteous manner to them, not in public or behind closed doors. The code exists behind closed doors too. Cynthia Sjoblom Edmonds City Council Approved Minutes August 10, 2021 Page 32