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Cmd032720EDMONI)S CITY COUNCIL SPECIAL MEETING VIRTUAL ONLINE MEETING APPROVED MINUTES March 27, 2020 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Adrienne Fraley-Monillas, Council President Kristiana Johnson, Councilmember Luke Distelhorst, Councilmember Diane Buckshnis, Councilmember Vivian Olson, Councilmember Susan Paine, Councilmember Laura Johnson, Councilmember STAFF PRESENT Jeff Taraday, City Attorney Scott Passey, City Clerk 1. CALL TO Ultf)FR/PLEDGE OF ALLEGIANCE The Special Edmonds City Council virtual online meeting was called to order at 3:02 p.m. by Mayor Nelson in the Council Chambers, 250 5t' Avenue North, Edmonds. The meeting was opened with the Pledge of Allegiance. 2. LAND ACKNOWLEDGEMENT Council President Fraley-Monillas 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, participating remotely. 4. APPROVAL OF AGENDA COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY- MONILLAS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 5. PUBLIC COMMENTS [SUBMITTED VIA EMAIL} See Attached. Edmonds City Council Special Meeting Approved Minutes March 27, 2020 Page 1 Public comments may be submitted to the City Council at the following email address: Pub! icCom ments@Edmondswa.gov. Councilmember Buckshnis said a number of citizens have indicated that that email address does not work. City Clerk Scott Passey said it was originally set up as PublicComment Edmondswa. ov, but PublieCommentsAEdmondswa.gov was added; both are valid. Mayor Nelson explained the public is asked to submit comment to those addresses rather than to Council@Edmondswa.gov to ensure the City Clerk has a record. 6. ACTION ITEMS 1. ORDINANCE REMOVING ECC 6.60.090 G FROM LIST OF MAYOR'S EMERGENCY POWERS Councilmember K. Johnson raised a point of order, stating a motion to reconsider was appropriate; if a motion is adopted or defeated during a meeting and at least one member who voted on the winning side wants to have the vote reconsidered, such member may make a motion to reconsider. The motion can only be made by a member who voted on the winning side. City Attorney Jeff Taraday advised reconsideration is only relevant during the same Council meeting at which action was taken. The only action that has been taken so far is approval of the agenda. Councilmember K. Johnson raised another point of order, stating that according to Robert's Rules of Order, it can be done at the same meeting or the immediate meeting following the motion. Mr. Taraday said the way the Council has always treated reconsideration since adopting Roberts Rules is that it only applies during the same meeting. Council President Fraley-Monillas pointed out there have been two meetings since the motion was made; the motion was made on Sunday, the Council met on Tuesday and today is Friday. Mayor Nelson ruled on Councilmember K. Johnson's point of order that her point was not well taken, agreeing with Mr. Taraday that reconsideration was not appropriate. Councilmember Buckshnis raised a point of order in that reconsiderations have occurred both ways, referencing former Councilmember Petso who had raised that issue several times after reconsiderations were done in subsequent meetings. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO ADOPT ORDINANCE NO. 4180, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 6.60.090 OF THE EDMONDS CITY CODE, ENTITLED "ORDERS DURING EMERGENCY," TO REMOVE SUBSECTION C. REGARDING THE MAYOR'S AUTHORITY TO ISSUE EMERGENCY ORDERS PROHIBITING THE CARRYING OR POSSESSION OF A FIREARM. Councilmember Buckshnis relayed her understanding that reconsideration was included in Council President Fraley-Monillas' motion. Council President Fraley-Monillas referred to Mayor Nelson's ruling on Councilmember K. Johnson's point of order. Councilmember Buckshnis asked whether the Council could repeal the ordinance now that the Governor has issued his order and bring it back for discussion at a future meeting. Mayor Nelson advised that will occur in about 3-4 weeks. Councilmember Buckshnis reiterated her question whether the ordinance could Edmonds City Council Special Meeting Approved Minutes March 27, 2020 Page 2 be repealed, noting may people think this is martial law enforcement, that it does not follow the Comprehensive Plan or other plans in the emergency procedures and that different emergencies require different people on the team rather than the Mayor having full power. Mr. Taraday responded, observing that Councilmember Buckshnis' fundamental question was whether the Council could repeal an ordinance. The Council can always repeal an ordinance but that is not on the agenda for this meeting. The Council would need to schedule that on an agenda at a regular meeting. At any regular meeting, the Council could amend the agenda to add an agenda item to repeal Ordinance No. 4177 if the Council wished. Councilmember Buckshnis observed today the Council would be creating a new ordinance that would remove one section of the previous ordinance. She has concerns with Section 6.60.035 and asked if the new ordinance would only remove Subsection 6.60.090(G). Mr. Taraday agreed, explaining this ordinance is very narrow; it only eliminates the subsection related to the carrying and possession of firearms, eliminating that as one of the Mayor's expressly listed emergency order powers. Councilmember Buckshnis said there were no checks and balances in the system and the Council had given the Mayor martial law powers and were not allowed to talk about it at Tuesday' meeting. After the discussion on this ordinance, she would like to add the entire ordinance to the agenda if possible. Councilmember Olson said it was an overstep by Council and she appreciated this being brought back for readdress. Councilmember Paine said her proposal last Tuesday was to look at the entire 6.60 code section so there could be a more comprehensive and thoughtful review that included public comment. That was her intent last Tuesday and remained her intent today. MOTION CARRIED UNANIMOUSLY. 2. ORDINANCE TEMPORARILY EXEMPTING GROCERY STORES FROM THE PLASTIC BAG REGULATIONS OF CHAPTER 6.80 ECC City Attorney Jeff Taraday said the City has been contacted by several representatives of the grocery industry expressing concern that due to the COVIDI9 emergency, there is, 1) a shortage of bags because people are purchasing large quantities of groceries, and 2) concern among checkers they may be exposed to the virus unnecessarily by handling reusable bags. Given those concerns, the City has been asked to provide temporary relief from the plastic bag ordinance. The proposed ordinance creates a 90-day exemption from compliance with Chapter 6.80 ECC for all grocery stores operating within the City of Edmonds. The 90 days is an estimate of the amount of time; the Council is free to amend that period to make it shorter or longer. The 90 days was intended to give grocery store operators a predicable period of time so they would know how many bags to purchase. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO ADOPT ORDINANCE NO. 4181, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ALLOWING A TEMPORARY BLANKET EXEMPTION FROM CHAPTER 6.80 ECC, ENTITLED "PLASTIC BAG REDUCTION," DUE TO COMPLIANCE PROBLEMS CAUSED BY THE COVID-19 PANDEMIC. Councilmember Olson thanked the City for the transparent leadership on this item, noting some other communities are simply not enforcing the ban. Taking action in this manner informs the public why it is being done — to protect grocery store employees performing an essential service. She assured citizens that the City has confirmed there is a nationwide shortage of paper bags and continuing to use them is not an option. Citizens are encouraged to take their groceries without a bag and bag them in their car. Edmonds City Council Special Meeting Approved Minutes March 27, 2020 Page 3 COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, TO AMEND THE ORDINANCE SO THAT SECTION 1 READS, "NOTWITHSTANDING THE PROVISIONS OF CHAPTER 6.80 ECC, ENTITLED "PLASTIC BAG REDUCTION," ALL GROCERY STORES OPERATING WITHIN THE CITY OF EDMONDS SHALL BE EXEMPT FROM COMPLIANCE WITH THE PROVISIONS OF CHAPTER 6.80 ECC FOR A PERIOD OF NINETY SIXTY DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE. Council President Fraley-Monillas relayed a state legislator who spoke with the grocery store consortium said the paper mills should be able to catch up with demand within 60 days. Councilmember Buckshnis said COVID-19 can stay on plastic bags for up to 3 days and if something becomes contaminated that could be a problem. She was supportive as long as the City is transparent with the citizens that this is necessary and temporary during this emergency. As Councilmember Olson stated, the public can bag their own groceries. She supported a 60 day timeline although she prefer 30 days but the legislator stated 30 days was not feasible. AMENDMENT CARRIED UNANIMOUSLY. Council President Fraley-Monillas said the CDC has not determined how long the virus can live on plastic. They did find the coronavirus on a cruise ship that had not been occupied for 14 days. It has not been determined that plastic would be safe in 2-3 days. Councilmember Paine did not support the motion because adding plastic to the waste stream is problematic as it ends up in the waters and in animals that ingest them. Single use light gauge plastic bags break down into microplastics which create continuing problems along the food chain. There are other solutions such as using reusable bags in the manner Councilmember Olson suggested. Further, the public should not be stockpiling and hoarding food which has created this problem. There will be waves of the virus in a cyclical manner and it is up to the public to make behavioral changes. Councilmember Distelhorst echoed Councilmember Paine's thoughts, stating there are procedural methods for frontline grocery workers to limit their exposure. He was worried about getting into a pattern of continually bringing single use plastic bags back into the system. Agreeing there may be future cycles, Councilmember Olson suggested being proactive to address this in a different way. A 60 day exemption is extremely reasonable; it is unreasonable for people who are shopping for multiple people to keep items separate without bags. She was interested in discussing how this could be addressed in future cycles, but during the current emergency the priority needed to be on grocery workers who are working in hazardous conditions. Council President Fraley-Monillas said the shelves are stocked by hand and other shoppers pick up and replace cans and boxes. Shoppers need to be careful as do the grocery workers. UPON ROLL CALL, MOTION CARRIED (4-3), COUNCIL PRESIDENT FRALEY-MONILLAS AND COUNCILMEMBERS K. JOHNSON, OLSON AND L. JOHNSON VOTING YES; AND COUNCILMEMBERS DISTELHORST, BUCKSHNIS AND PAINE VOTING NO. MAYOR'S COMMENTS Mayor Nelson thanked residents, City staff and small businesses who are practicing social distancing and staying home when possible. It makes a difference in the number of people who are out and about and is Edmonds City Council Special Meeting Approved Minutes March 27, 2020 Page 4 the only effective way to slow the spread of the virus in the community. People are saving lives by taking those actions and it will make a difference. He thanked everyone from the bottom of his heart. S. COUNCIL COMMENTS Councilmember L. Johnson suggested citizens who find themselves with more groceries than they need or who have the financial ability, to contribute to food banks who are in need, specifically for dry goods. Councilmember K. Johnson expressed her disappointment that the Council would not discuss the emergency power order on Tuesday. She was also disappointed that her motion on Tuesday to exclude subsection G was defeated 3-4. It is incumbent on the newly elected officials to listen carefully to the wisdom of Councilmembers who have served for many years and not just do what is right in the moment Councilmember Distelhorst echoed Councilmember L. Johnson's comment about food banks' need for goods and funds. He thanked Mayor Nelson for raising the point about social distancing. Even with social distancing, cases in Snohomish County have more than doubled in the last week and cases in Edmonds have nearly tripled. With the level of the virus in the community, everyone needs to assume everyone else is a potential spreader and social distancing and hygiene practices need to be taken seriously to ensure the virus does not continue to spread. Councilmember Buckshnis commented there are many pros and cons about what has happened during the past week and veteran Councilmembers need to help new Councilmembers understand that processes need a check and balance even in an emergency. She encouraged people to watch the March 25°i Today Show where Federal Reserve Chair Jerome Powell provided a very interesting presentation about monetary supply, what it means to go into recession, what it means to have inflation, recovery times, the uniqueness of this emergency situation, etc. She hoped the public did not panic, noting a lot of day -traders are making a lot of money due to increases and decreases in the market. She encouraged the public to maintain social distances and to call to check on friends and family. As the most senior member of Council, Council President Fraley-Monillas commented the new Councilmembers research things more thoroughly than any other Council she has worked with and she did not disparage the work they have done. She thanked the four new Councilmembers for doing a fine job and said because a Councilmember was a senior member did not mean they were right all the time; that is why the Council votes and why there are seven members. She pointed out the same concern about not understanding or needing more time had not been voiced about the 3-4 men who recently left the Council and found that somewhat discriminatory. She recognized the work done by the new Councilmembers and appreciated the questions they ask. Councilmember Olson said there have been times she wished she had time to do more research but that is the nature of emergencies. She thanked citizens for their patience with the Council who made mistakes in their haste and now are correcting them. She hoped the public would get creative and have fun on a Friday night; local restaurants would love to provide take-out orders as these are extremely hard times for local businesses. 9. ADJOURN With no further business, the Council meeting was adjourned at 3:37 p.m. i / MIC,IAEL NELSON, MAYOR SCOTT PASSEY, CITY CLERK Edmonds City Council Special Meeting Approved Minutes March 27, 2020 Page 5 y. r the only effective way to slow the spread of the virus in the community. People are saving lives by taking those actions and it will make a difference. He thanked everyone from the bottom of his heart. 8. COUNCIL COMMENTS Councilmember L. Johnson suggested citizens who find themselves with more groceries than they need or who have the financial ability, to contribute to food banks who are in need, specifically for dry goods. Councilmember K. Johnson expressed her disappointment that the Council would not discuss the emergency power order on Tuesday. She was also disappointed that her motion on Tuesday to exclude subsection G was defeated 3-4. It is incumbent on the newly elected officials to listen carefully to the wisdom of Councilmembers who have served for many years and not just do what is right in the moment Councilmember Distelhorst echoed Councilmember L. Johnson's comment about food banks' need for goods and funds. He thanked Mayor Nelson for raising the point about social distancing. Even with social distancing, cases in Snohomish County have more than doubled in the last week and cases in Edmonds have nearly tripled. With the level of the virus in the community, everyone needs to assume everyone else is a potential spreader and social distancing and hygiene practices need to be taken seriously to ensure the virus does not continue to spread. Councilmember Buckshnis commented there are many pros and cons about what has happened during the past week and veteran Councilmembers need to help new Councilmembers understand that processes need a check and balance even in an emergency. She encouraged people to watch the March 25" Today Show where Federal Reserve Chair Jerome Powell provided a very interesting presentation about monetary supply, what it means to go into recession, what it means to have inflation, recovery times, the uniqueness of this emergency situation, etc. She hoped the public did not panic, noting a lot of day -traders are making a lot of money due to increases and decreases in the market. She encouraged the public to maintain social distances and to call to check on friends and family. As the most senior member of Council, Council President Fraley-Monillas commented the new Councilmembers research things more thoroughly than any other Council she has worked with and she did not disparage the work they have done. She thanked the four new Councilmembers for doing a fine job and said because a Councilmember was a senior member did not mean they were right all the time; that is why the Council votes and why there are seven members. She pointed out the same concern about not understanding or needing more time had not been voiced about the 3-4 men who recently left the Council and found that somewhat discriminatory. She recognized the work done by the new Councilmembers and appreciated the questions they ask. Councilmember Olson said there have been times she wished she had time to do more research but that is the nature of emergencies. She thanked citizens for their patience with the Council who made mistakes in their haste and now are correcting them. She hoped the public would get creative and have fun on a Friday night; local restaurants would love to provide take-out orders as these are extremely hard times for local businesses. 9. ADJOURN With no further business, the Council meeting was adjourned at 3:37 p.m. MICHAEL NELSON, MAYOR 5 TT PASSEY, C ERK Edmonds City Council Special Meeting Approved Minutes March 27, 2020 Page 5 Public Comment for 3/25 - 3/27/20: 3/25 Mike Murdock, Subject: Thank You I want to wish all the best and to each of you and your families during this challenging time. Thank you all for your service to the city. It is noticed and appreciated! 3/25 John Bonnar, Subject: Re: Infringement of my Constitutionally -protected rights - Section G of Emergency Ordinance It is my understanding that the city council passed the Emergency Ordinance as written, including Section G. You are a tyrant, pure and simple. It is because of small-minded statists like you that our founding fathers fought a revolution over totalitarianism. I will see you in court, and I will personally ensure that I take millions from the taxpayers of Edmonds and ensure you and the city council members who voted for this never hold public office again. The US Constitution, the State Constitution, and WA State Preemption law reign supreme. Feel free to let Edmonds PD know that I will be exercising my Constitutionally protected Second Amendment rights each and every day in open defiance of this unconstitutional order. I will be the one open carrying through downtown Edmonds - you won't be able to miss me. Please arrest me so that I can bankrupt the city and ensure you never hold public office again. WA STATE CONSTITUTION, ARTICLE I - DECLARATION OF RIGHTSSECTION 24 RIGHT TO BEAR ARMS. The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men.RCW 9.41.290 State preemption.The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality. US Constitution, Amendment II A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."An illegal arrest is an assault and battery. The person so attempted to be restrained of his liberty has the same right to use force in defending himself as he would in repelling any other assault and battery." (State v. Robinson, 145 ME. 77, 72 ATL. 260)."Each person has the right to resist an unlawful arrest. In such a case, the person attempting the arrest stands in the position of a wrongdoer and may be resisted by the use of force, as in self- defense." (State v. Mobley, 240 N.C. 476, 83 S.E. 2d 100).As for grounds for arrest: "The carrying of arms in a quiet, peaceable, and orderly manner, concealed on or about the person, is not a breach of the peace. Nor does such an act of itself, lead to a breach of the peace." (Wharton's Criminal and Civil Procedure, 12th Ed., Vol.2: Judy v. Lashley, 5 W. Va. 628, 41 S.E. 197). 3/25 Anthony Rhoads, Subject: Disturbing Reports I'm seeing disturbing reports that Edmunds has decided to violate people's Constitutional Right for self defense. If this is true, need I remind you individuals that the United States and State of Edmonds City Council Special Meeting Approved Minutes March 27, 2020 Page 6 Washington's Constitution is more than explicit in its wording, as well as the Washington State pre exemption law. Nothing gives this council the right to deny the Citizens of your city the right to carry, and if you are trying to deny their right, every single one of you should be recalled. This is not the time to infringe on someone's right to self defense because you are ignorant. 3/26 Michelle Storer, Subject: 2"d admin rights Please do not vote this in to action. This is against my constitutional right to bear arms. I am pleading for what our forefathers granted to all of us. We left Europe due to our rights being taken away. We fought a war to keep our country from the English rule and now you are going to destroy hundreds of years of history to return to English rules of oppression we fought to be free of. Shame on all of you if you illegally take away our rights left to us in the constitution. 3/26 John Peeples, Subject: Request for explanation of It is not clear to me what is meant by the wording your press release. Please explain the mayor's purpose and motivation of the following: "Edmonds Mayor Mike Nelson has called a special Edmonds City Council meeting for 3 p.m. on Friday, March 27, 2020. He will ask Council to consider two actions. One will be to revise the amendments to Edmonds City Code (ECC) Chapter 6.60 ("Disaster Preparation, Emergency Coordination, and Civil Emergencies") approved by City Council in Special Session last Sunday, March 22, 2020. Related to that Chapter, the Mayor will specifically ask for Council support for an amendment to Section 6.60.090 (which lays out items that could potentially be invoked by order of a mayor in case of emergency) by removing Subsection G related to carrying or possessing firearms with intent to do bodily harm." I specifically request an explanation of 'by removing Subsection G related to carrying or possessing firearms with intent to do bodily harm.' What is the desired result of this request of the mayor's with respect to the relationship between the City of Edmonds and individuals and the city's authority with respect to individuals US Constitution 2nd Amendment right to bare arms? P.S. I am deeply disappointed in the way you have chosen to treat Edmonds residents and other members of the general public who wish to engage in civic comment and provide public input to their city council. Your behavior is rather arrogant. Please prepare to be voted out of office and replaced by people to truly value their United States citizenship and that of others. 3/26 Bill Healy, Subject: Emergency Powers I have worked in Edmonds for over 20 years. I work in the health care industry and my work is considered an essential service. I am also a gun owner and have had a Concealed Pistol License for almost 30 years. The recent emergency powers that the City of Edmonds has written includes section G which tries to restrict a person from carrying a firearm in the City of Edmonds if an emergency is declared. I am 100% AGAINST restricting a person being able to carry a firearm if an emergency is declared and I am asking you to PLEASE do NOT start considering restricting a person's ability to carry a firearm in a time of an emergency. It is time to get rid of Section G and replace it with wording that shows the city of Edmonds SUPPORTS the 2ndamendment and the people's right to carry a firearm EVEN in times of an emergency. Those of us who have a Concealed Pistol License obtained one because we believe in carrying a firearm to protect ourselves and our families, and this is especially true in a time of an emergency. People with a Concealed Pistol License have passed a background check. We pose no threat and we have done nothing wrong where a city government would want to restrict our right to carry a firearm within city limits. People are scared. We have a second amendment. We have a second amendment which allows individuals the right to have and carry a firearm to protect themselves and their families. This right does NOT get taken away in a time of emergency. I am asking you to please stand up and support the second amendment Edmonds City Council Special Meeting Approved Minutes March 27, 2020 Page 7 and support the people of Edmond's right to carry a firearm to protect themselves even if an emergency is declared. I think it would be great to declare that the right of people to carry a firearm in the case of an emergency will be supported, especially for those with a CPL or those who choose to open carry. The Washington State constitution is VERY strong and clear that our right to have a firearm shall not be restricted by our government: Article I, Section 24 of the Washington State Constitution states: "[t]he right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, Please, remember what happened down in New Orleans after Hurricane Katrina. What law enforcement did by taking firearms from law abiding citizens was horrific. It should have never happened in this country. I had hope politicians had learned a valuable lesson from what law enforcement did to the law abiding citizens of New Orleans by taking their firearms in the aftermath of Hurricane Katrina. It looks like the city of Edmonds did NOT. I am hoping the City will stand up for the citizens and show support for the second amendment and for the people's right to carry firearms to protect themselves and their loved ones. Law abiding gun owners are NOT a problem. 3/26 Wayne Ashby, Subject: Public Comment Submission My name is Wayne Ashby. I am a retired member of the US Army, Combat Veteran, Tax Payer, Legal Firearm Owner and in possession of legally procured Concealed Carry Permit by the State of Washington. With regard to your consideration of restricting the rights of law abiding citizen associated with possession of firearms, being in compliance with rights and privileges regarding carrying of concealed weapons, and your verbiage regarding limitation of legally carrying or possessing firearms .... i have two things to say ... first, with all due respect ... ARE YOU FRIGGIN NUTS? ARE YOU ACTIONS TRYING TO KEEP UP WITH SEATTLE'S HYPER LIBERAL B/S MENTALITY? And number two, another sickness/disease that was responsible for unarming their citizens very early which impacted safety and lives .... that being the Nazi Party ... never forget what happened..... they unarmed their populace, and remember what happened next? How dare you take my rights, trample under foot, etc. Here's an idea for all liberals, why don't you get out an pack yourselves onto a bus or similar means of mass transportation? Heaven forbid a liberal in a carbon burning passenger car. Put your money where your mouth is ... all liberals should go shopping via mass transit right? They are the ones that push for busses and trains right? Plastic bags. You all sure screwed up in that regard huh? Just because you are elected doesn't mean you are experts in the field. It only means that liberal politicians are elected by brainless liberal voters with zero foresight. 3/26 JD Bonnar, Subject: Infringement of my Constitutionally -protected rights - Section G of Emergency Ordinance As an Edmonds resident, I am adamantly advising you to remove Section G that prohibits my God-given right to protect myself and my family. Jails and prisons are releasing inmates, and police are not arresting most offenders due to the current health emergency. It is more important now than ever to ensure my safety. As a retired police officer, I can assure you that law enforcement never arrives in time to prevent a violent crime. They are simply there to gather evidence and "hopefully" arrest the offender at a later time. No one is responsible for my family's safety other than myself. The US Supreme Court has affirmed in Warren v D.C. that the police have no duty to protect - yet, you want to collectively take away my right to remain safe and secure by repealing my natural rights affirmed and protected by the US Constitution? You are all putting the lives of my family in extreme danger under the guise of "collective safety." This is ludicrous and short sighted, and nothing short of tyranny. Our founding fathers affirmed that our natural rights - and the protection thereof - were more important during times of crisis rather than during times of peace. Your actions collectively fly in the face of that. Be assured that Edmonds City Council Special Meeting Approved Minutes March 27, 2020 Page 8 should you enact Section G, I will work tirelessly to ensure each and every one of you who votes for this ordinance will be voted out of office. I will also immediately file suit against the City of Edmonds and take this case all the way to the US Supreme Court, costing the city millions of dollars better used for other purposes. This is pure tyranny at the highest level. 3/26 Don Armstrong, Subject: Change to emergency ordinance I would like to express my appreciation for your intent to eliminate the provisions that would attempt to give your council the ability to restrict our gun rights. 3/27 Samantha Grad, Subject: Temporary Lifting of Bag Ban Just wanted to send along a quick note of support for your efforts this afternoon to temporarily lift the plastic bag ban for grocery stores. As you may know, UFCW 21 is a strong supporter of plastic bag bans and the efforts that your City and others have taken to address the impacts of climate change. But in this current moment we must prioritize keeping our communities safe. Our members in grocery stores who are working nonstop to make sure our communities are fed during this pandemic are terrified of the exposure they face at work each day. A simple but substantial way to remove some of that fear is to limit the reusable bags coming into stores. By temporarily lifting the ban on plastic bags you can help keep our members safe. Please let me know if you have questions or would like to discuss this further. Thanks so much. 3/27 Elise Foot Puchalski, Subject: Plastic Bag Ban I know that these current times with Covid-19 are very challenging for everyone, but that does not make it right to bend the rules of the plastic bag ban. As a local high school student and scuba diver I know the impact the plastic has on the ocean. Plastic bags will not solve the problem, and could make it worse. People themselves are coming into the stores and touching the items that the store clerks will have to load into the bags. Please make the best decision for our community. Do not change the ban despite the circumstances. 3/27 Kristen Foot, Subject: please DO NOT suspend the city's ban on plastic bags I am strongly opposed to Mayor Nelson's proposal to temporarily suspend the city's ban on plastic bags in grocery stores due to COVID-19. All the environmental reasons that Edmonds banned plastic bags STILL EXIST, and every plastic bag that is distributed by a grocery store harms the environment, thereby harming public health in both the near and long term. If grocery stores are concerned about the possibility of viral contamination of store workers who bag groceries, and if paper bags truly are not available or in short supply, here are two alternatives: 1) Shoppers who bring reusable bags can be required to bag their own groceries after paying for them. 2) Paid -for groceries can be loaded back into store carts and shoppers can take their carts of paid -for groceries outside the store to transfer the groceries into their reusable bags outdoors. Please maintain your commitment to enviromental as well as societal health, and do not cause more harm to the environment by suspending the city's ban on plastic bags, for any period of time. 3/27 Strom Peterson, Subject: Plastic Bag Ban I hope this finds you healthy and safe. Certainly some interesting times upon us. So interesting, in fact, I am writing to encourage you to vote in favor of temporarily lifting the plastic bag ban in Edmonds. As you all know, I helped champion that first in the state ordinance when I was in the council and was able to pass even more effective and comprehensive bag legislation in Olympia Edmonds City Council Special Meeting Approved Minutes March 27, 2020 Page 9 this year. Right now, however, due to the unprecedented run on grocery stores across the nation, there is a serious supply chain issue in obtaining paper and even the thicker plastic bags. The grocers have been incredible allies in passing this best in the nation legislation and I believe them and the front line union employees when they are asking for this temporary remedy. Please feel free to call me with any questions. Be well (and wash your hands) 3/27 Abbey Dias, Subject: Urgent request! I am writing to you to ask that you refuse to bend the plastic bag ban. Our community is under immense stress from the Covid19 pandemic, and as a student, I am finding it increasingly difficult to have hope for my future. Passing the ban on plastic bags was a HUGE success and I urge you to please respect this. We cannot go back on the promise we made to our environment. Movements such as this are what give me hope to continue pushing forward. I do not want to live in a world overtaken by pollution and disease; allowing plastic bags will add nothing to our community besides trash. We should come together as a community to support each other during this time, but promoting single use plastic does not achieve that goal. It is during these times of hardship that the true leaders emerge and I ask you to be one of them. Please, for the sake of the environment and my hope for the future, do not bend this ban. 3/27 Annie Crawley, Subject: No to plastic bags I understand all the challenges during our time with Covid19 but I urge you not to bend on our plastic bag ban even though we are strained as a society on so many different levels. Make the right choice for ourselves and our environment and uphold what we voted into law and why I voted for you, why my team voted to stand with you and all the other kids in our area who we stand for. The grocery stores are not suffering from profit. They have record profits. People can find other ways to move from the check out to outside where they can use their own bags. Make the right stand for our city and our environment. Do not create this loophole for our future. Keep and uplift the ban. Thank you! 3/27 Richard L Wittauer, Subject: House Bill 5717 VOTE TO OPPOSE HOUSE BILL HR5717 This Bill Is A Major infringement of our Second Amendment Rights VOTE TO OPPOSE IT 3/27 Teresa Morgan, Subject: Do not attack our GOD GIVEN INALIENABLE rights — remove section G from your emergency ordinance. You are a public SERVANT. Not a public MASTER or RULER!! GET THAT STRAIGHT IN YOUR MIND!! You SHALL NOT and CAN NOT take away INALIENABLE RIGHTS. Those rights, PROTECTED by the State and Federal constitutions, are GIVEN BY GOD. And you can not violate them!! ANY OF THEM, EVER. If you disagree with the above statements, in any way. THEN YOU HAVE NO BUSINESS BEING IN YOUR POLITICAL POSITION AS SERVANT OF THE PEOPLE. the right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired. SHALL NOT!!11 it doesn't say, should not, it says SHALL NOT. That is an ORDER. OBEY IT!! 3/27 Ken Reidy, Subject: Public Comment for March 27, 2020 City Council Meeting City of Edmonds decision makers should never let decisions stand after they become aware that they were provided false, misleading, incomplete or inaccurate information. This is true of Edmonds City Council Special Meeting Approved Minutes March 27, 2020 Page 10 City Staff, the Hearing Examiner and City Council. To do so rewards wrong and encourages the provision of false, misleading, incomplete or inaccurate information. I've seen the City of Edmonds not only let such decisions stand — I've seen the City of Edmonds side with the wrongdoers by refusing to correct the decisions made even when the City knows what took place. Such City of Edmonds conduct promotes great distrust in City government. I've seen City Staff and the City Attorney discuss the fact that required information was left off a survey yet choose to not inform the applicant that the subdivision application is ruled incomplete. I've seen the Hearing Examiner refuse to act after being made aware that City Staff and the City Attorney provided the Hearing Examiner an incomplete list of relevant City Code sections. I've seen the City Council refuse to act after being made aware that the City Council Agenda packet provided to Council was missing critical information. In exasperation, I have told others that it seems that City of Edmonds government loves to reward those who provide false, misleading, incomplete or inaccurate information. It happened again last Sunday. An emergency meeting of the City Council was suddenly thrown together on a Sunday afternoon. Mayor Mike Nelson wanted to immediately amend Chapter 6.60 of the Edmonds City Code (ECC). Within a few short hours, the City Council voted to approve new Ordinance No. 4177. Chapter 6.60 ECC is linked to the exercise of emergency powers as prescribed by RCW 38.52.070. RCW 38.52.070 states that: Each political subdivision of this state is hereby authorized and directed to establish a local organization or to be a member of a joint local organization for emergency management in accordance with the state comprehensive emergency management plan and program: PROVIDED, That a political subdivision proposing such establishment shall submit its plan and program for emergency management to the state director and secure his or her recommendations thereon, and verification of consistency with the state comprehensive emergency management plan, in order that the plan of the local organization for emergency management may be coordinated with the plan and program of the state. The City of Edmonds plan for emergency management is documented in the City's Comprehensive Emergency Management Plan (CEMP). The CEMP lists the City of Edmonds Emergency Operations Board as a PRIMARY AGENCY. New Ordinance No. 4177 eliminates the Emergency Operations Board from the City's Emergency Management Organization. I can find no evidence that the City Council was informed of the CEMP before it voted to pass Ordinance No. 4177. 1 can find no evidence that the City Council was told that the elimination of the Emergency Operations Board from the City's Emergency Management Organization results in the City's Code becoming inconsistent with the CEMP. Please appreciate, our CEMP is a Plan previously verified by the state director for consistency with the state comprehensive emergency management plan, in order that the City's plan for emergency management may be coordinated with the plan and program of the state. Ordinance No. 4177 was passed after incomplete information was provided to the City Council. The public was blocked from the surprise process and not allowed to inform the City Council about the CEMP or that our CEMP requires the PRIMARY AGENCY known as the Emergency Operations Board. On March 24, 2020, City Attorney Jeff Taraday informed Councilmember Diane Buckshnis that: "I removed the emergency operations board from the ordinance that revised chapter 6.60 because the city, to my knowledge, no longer has such a board. I was primarily trying to conform the ordinance to current practice." This highly alarming admission requires immediate investigation. Has the City of Edmonds practice been to operate without the PRIMARY AGENCY established in our CEMP? If so, how long has our City Government been violating ECC 6.60.035.C? Per the CEMP, the Emergency Operations Board shall be responsible for evaluating a situation to determine if a Proclamation of Emergency by the Mayor is necessary. If the city no longer has such a board, who determined that the Mayor's March 5th Proclamation of Emergency was necessary? Will the parties responsible be held accountable? There are additional problems with new Ordinance No. 4177, such as its two references to the Emergency Services Coordinating Agency (ESCA). When one clicks on the link to the Emergency Edmonds City Council Special Meeting Approved Minutes March 27, 2020 Page 11 Services Coordinating Agency on the City of Edmonds website, you are taken to a webpage that discusses a license to drive in the State of Texas. I urge City Council to immediately repeal flawed new Ordinance No. 4177. Please repeal and initiate a proper legislative process if chapter 6.60 ECC needs to be updated. Please ask Mayor Nelson and City Attorney Taraday to explain to all, including the public, why they failed to provide complete information to the City Council prior to Council's vote last Sunday. Thank you. 3/27 Guy Schoonmaker, Subject: Emergency Powers Act I am requesting that all items on the list be reviewed in detail for any contradictions in constitutional civil rights. Also consider whats is pertinent to the current situation. I feel a State of Marshall Law would provide the best strategy in all worst case scenarios, why does the City feel it cannot depend federal leaders to make the appropiate decision in a timely matter??? At one time it was....... Why would the Mayor impose his version of the " stay at home" proclamation a couple of days before everyone new Inslee's was coming??? There was even embarrassing discrepancies and contradictions. This whole scenario is being overmanaged to the point that the cure will be worst than the disease. Please take your foot off the gas and think things out, no matter what the political differences are we must all work together at all levels. Thanks you for your time and consideration 3/27 Todd Darimont, Subject: Traitors to the Constitution of the United Stated of America? Stop, absolutely and unequivocally, you cannot do this. There can be NO LAW repugnant to the Constitution (Marbury v Madison [1803]) and any who try to subvert it or infringe upon our UNALIENABLE rights (rights endowed to us by the Supreme Ruler of the Universe that cannot, CANNOT be transferred, given up or taken away and any who would attempt to do so, ESPECIALLY IN THIS VULNERABLE TIME FOR HUMANITY) are TRAITORS to Humanity, Washington State, the United States of America and the Republic for which it stands, and our Constitution. The Constitution does not lay out our rights, these Rights.. these Truths are Self evident, what the Constitution does.. is LIMIT YOUR POWER. Nowhere, period, does it outline any circumstance that is okay to try and subvert the Constitution, regardless of your personal belief. I have respect for you, as our pubic Servants you may often be under a lot of pressure to keep people happy. BUT THIS IS NOT THE WAY. You work for us, and the first and absolute duty you have is to protect the Constitution, or we do it ourselves. Lest you forget your place, you work FOR US. I understand you want to do the right thing. Then do it without trying to subvert the Constitution. If you think this is the only way, then you are absolutely unfit for your Elected position. Yes, it may be difficult to try and find a way to logistically make things work, but NEVER should it be a consideration to attempt to take away or "suspend", indefinitely or otherwise, any Unalienable right, written on the Constitution or not. WHY AM I EVEN HAVING TO TELL YOU THIS?! FOR ONCE, CAN WE HAVE POLITICIANS WHO ARE NOT TRYING TO WHITTLE AWAY OUR FREEDOMS? If you cannot find a way to handle things properly without attempting to infringe upon any rights, then GET OUT OF OFFICE. You are not worthy, you are not fit for the position and any attempt to subvert our Constitution is a blatant act of Treason, and only justified in the minds of Tyrants. If you believe you cannot find another way, then I DEMAND YOUR RESIGNATION, you too Jay Inslee. Going to try anyway? Make no mistake, this can and will be enforceable by the HIGHEST LAW of the LAND.. you WILL be held accountable. RCW 42.56.030 clearly states it's governance, and you are in violation of it. You do not get to decide what is good for the people to know, and in this instance you are implicitly stating we do not get to know what it is like to feel safe, we do not get to know what it is like to feel secure.. we do not get to know that we are allowed to protect ourselves, loved ones and our property, in our own homes upon the lands of Washington State. You are implicitly stating that we do not know what is best for ourselves; and you are not just incorrect, but committing Edmonds City Council Special Meeting Approved Minutes March 27, 2020 Page 12 treason. Period.With respect, my fellow Human Beings, removeth thy craniums from they "aniums" P.S. I am not a gun owner nor a resident of the City of Edmonds, I don't even necessarily like guns. But I will damn sure defend the 2nd Amendment, it was written for this exact reason. I suggest you do some serious self reflecting. Edmonds City Council Special Meeting Approved Minutes March 27, 2020 Page 13 m