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2011.03.01 Public Safety and Human Resources Commi                 AGENDA EDMONDS CITY COUNCIL Council Chambers - Jury Meeting Room 250 5th Ave. N., Edmonds MARCH 1, 2011 5:30 p.m. Public Safety and Human Resources Committee The City Council Committee meetings are work sessions for the City Council and staff only. The meetings are open to the public but are not public hearings.                  1. (30 Minutes)Discussion of compensation consultant.   2. (30 Minutes)Discussion of new council staff position related to budget/financials/insurance.   3. (15 Minutes)Discussion regarding a proposed camping Ordinance.   4. (15 Minutes)Discussion on review of medical benefits.   ADJOURN   Packet Page 1 of 17 AM-3767   Item #: 1. Public Safety and Human Resources Committee Date: 03/01/2011 Time:30 Minutes   Submitted For:Council President Peterson Submitted By:Jana Spellman Department:City Council Committee:Type:Information Information Subject Title Discussion of compensation consultant. Recommendation from Mayor and Staff N/A Previous Council Action Council discussed hiring a compensation consultant on 12-21-2010. Narrative This is a continuation of discussion from 12-21-2010. Attachments 12-21-10 City Council Minutes Form Review Inbox Reviewed By Date City Clerk Sandy Chase 02/24/2011 03:34 PM Mayor Mike Cooper 02/25/2011 08:37 AM Final Approval Sandy Chase 02/25/2011 08:58 AM Form Started By: Jana Spellman Started On: 02/24/2011 11:10 AM Final Approval Date: 02/25/2011  Packet Page 2 of 17 Edmonds City Council Approved Minutes December 21, 2010 Page 14 Councilmember Fraley-Monillas advised she would support the budget. The Mayor and staff did as good a job as they could with the revenue available. She expressed her appreciation to the Finance Department for providing exhibits and verifying information. She looked forward to identifying new revenue sources in the future and better ways of spending the revenue the City receives. Councilmember Buckshnis advised she would reluctantly support the budget as amended. She reiterated her quest for clarity in the City’s finances that has been lacking for over a year. She expressed concern that the Council’s questions, comments and requests have often been ignored. She planned to continue to work with the Citizen Levy Committee and the Council to get financial statements that are similar to other cities that provide a monthly General Fund balance. Although she was reluctant to vote for the budget, Councilmember Petso said she was excited because this may be the first City budget she voted for. She was disappointed the Council did not have the answer to the auditor’s questions and that things promised to the Council were not provided such as a breakdown of the Fire District 1 transaction and a schedule of interfund transfers. Because that information was coming, she would support the budget. She also supported the budget due to policy decisions made via budget amendments such as reimbursing the Park Trust Fund Flower Program, expressing the intent to reduce litigation expenses and the decision to spend one-time revenue from the sale of fire equipment on one-time expenditures. She acknowledged not all Councilmembers got what they wanted but it was a budget the City could live with as efforts continued to perfect the system. MOTION CARRIED (6-1), COUNCILMEMBER WILSON VOTING NO. 11. NON-REPRESENTED COMPENSATION POLICY (NRC) REVIEW. Councilmember Plunkett explained the Council approved the NRC Policy five years ago. The Finance Committee and some other Councilmembers have expressed interest in reviewing the policy which may require hiring a consultant. The question before the Council tonight was whether to review the policy. If the Council chose to review the policy, a future decision will be how the review will be conducted such as via the use of a consultant. Human Resources Director Debi Humann referred to the historical background she provided regarding the compensation policy including the L5 policy adopted in approximately 2000 and the NRC policy adopted in approximately 2005/2006. She acknowledged there were good and bad things about any compensation policy. The purpose of a compensation policy was to retain workforce and recruit employees, not bankrupt the city and to support the goals and vision of the city. The packet also includes compensation policies for nine other cities; the majority are similar to the NRC policy and use the same comparables. Councilmember Plunkett inquired about the steps that should be taken if the Council agreed to proceed with a review of the NRC policy. Ms. Humann answered the Council needed to agree on a scope of work such as the consultant developing comparables and updating job descriptions which has not been done in its entirety since 1997. Councilmember Plunkett envisioned the Council likely could identify 2-3 issues with the current policy and suggested Ms. Humann could assist with drafting those issues into a scope of work. Councilmember Plunkett identified his issue with the NRC policy by referencing the position of the Mayor’s Executive Secretary, assuring it was nothing personal. According to the NRC policy, the top of the range for the position is $80,000 - $85,000. Acknowledging that the position was an Executive Secretary, he felt a salary of $85,000 was too much for that position. He was uncertain how to translate that concern into the scope of work. He suggested the scope also include a review of the bands. Ms. Humann suggested one of the goals could be to have all the non-represented positions reviewed and compared to whatever comparables the City deems appropriate. Packet Page 3 of 17 Edmonds City Council Approved Minutes December 21, 2010 Page 15 City Attorney Scott Snyder advised there were some positions that were directly comparable to positions in other cities. Because the City operates in such a lean manner, there are some positions whose job descriptions are an amalgam of duties. He suggested identifying key positions in each department that are readily comparable. Comparing the one-of-a-kind positions will be very subjective and extrapolation will be required for those positions. Ms. Humann explained that was one of the reasons for adopting the NRC policy. At least one-third of the non-represented positions are not easily matched in other cities. Because of the way Edmonds staffs, positions tend to absorb additional duties and their job descriptions are not relative to other cities. Councilmember Wilson stated the previous Executive Assistant may have been at the top of the range. He noted Ms. Cole, Mayor Cooper’s Executive Assistant, is not at that level. He pointed out Ms. Cole has a Juris Doctor degree (lawyer) and is an elected official in the City of Lynnwood and in the Stevens Hospital District. He found Ms. Cole to be very highly qualified, noting Edmonds attracts and retains many highly qualified employees. Mayor Cooper suggested all job descriptions and their location in the bands be reviewed regardless of the position. The difficulty as Mr. Snyder mentioned is comparing job descriptions in other cities. For example in a nearby city, the Mayor has an Executive Assistant and a Receptionist. Edmonds has a Human Resources Director and a Human Resources Analyst; Lynnwood has six people in the Human Resources Department. Councilmember Buckshnis stated her issue was looking at the bands and the job descriptions. She referred to the Council’s unsuccessful attempt to move Information Services out of Administrative Services and expressed interest in ensuring departments are properly staffed so that the Council can get the information they need. Councilmember Fraley-Monillas commented this discussion was not about friendships or personalities but taking a holistic look at non-represented compensation. Council President Bernheim asked for more time to review other cities’ compensation policies. He noted only one of the cities hired a consultant, a person they were familiar with and who was not expensive. He did not support hiring a consultant, noting the $50,000 cost of a consultant could be better spent on employee salaries. He preferred staff and Councilmembers review the NRC policy in-house over the next six months. Councilmember Plunkett asked Ms. Humann to comment on the suggestion to review the policy in-house. Ms. Humann commented it would be very time consuming. The two projects Human Resources plans to undertake in 2011 are to update the City personnel policies and job descriptions; both will require an incredible amount of time. The City can hire a consultant who will bring a wide variety of ideas and information. The difficulty with a consultant is they do the research and present information; if the consultant determines non-represented employees are paid below the market, it will be up to the Council to determine a way to fund the salary changes. She suggested meeting with cities who have good compensation plans to determine what works/does not work for them and customize a compensation plan that combines elements from several cities. Councilmember Peterson asked the number of non-represented employees. Ms. Humann answered approximately 40. Councilmember Peterson commented even if the City saved 10% on the salaries of these 40 employees, it would not fix the City’s budget problems. He summarized reducing labor costs of the already lean workforce would not save the City’s budget. Councilmember Peterson asked if any of the other cities’ policies looked promising. Ms. Humann answered most of the cities’ policies were similar to Edmonds. They all use the same comparable cities, most do not compare to private industry, etc. She noted the use of a similar formula may be why other cities do not typically use consultants. Councilmember Peterson pointed out the need to balance the cost of a consultant with savings via revisions to the compensation policy. He agreed it could be costly if the City found its employees were paid below market. Ms. Humann advised many of the cities compare one-third of their non-represented employees to the marketplace each year or compare all non-represented positions to the marketplace every other year. Due to limited Human Resources staff, Edmonds’ policy only does market-based surveys of two positions per year, the highest and the lowest position. She acknowledged this was not adequate but was all Human Resources staff had time to do. Packet Page 4 of 17 Edmonds City Council Approved Minutes December 21, 2010 Page 16 Councilmember Plunkett commented all employees, both union and non-represented, are affected by comparables. Mr. Snyder agreed it could have a ripple effect. Councilmember Fraley-Monillas expressed interest in reviewing the NCR policy. She recognized the City’s limited Human Resources staff did not have time to review/revise the policy. She did not envision a change to the policy as chipping away at the non-represented employees salaries; it would be fixing a policy that needed to be fixed. She was interested in determining whether the City’s wages were below market, recognizing that when the economy improved, the City will need to have competitive wages. Her research found a comprehensive evaluation could be obtained for a cost of $20,000-$25,000. She anticipated the 40 non-represented employees would be interested in having an evaluation conducted to ensure their wages were comparable to other cities. She did not envision this as a negative but to move the City into the future and to provide accurate information. Mr. Snyder commented studies can have a number of components, the key components are, 1) creating policy, and 2) benchmarking positions. He cautioned the creation of a public document via a study can be good and bad. There are a number of employees who could unionize and be subject to collective bargaining. A study could provide information that the Council will see again. Councilmember Petso expressed support for reviewing the NRC policy including surveying more positions more frequently, refining the comparables and eliminating the bands. She was hopeful some comparables could be found that would justify the expense and did not believe it could be done in-house due to limited Human Resources staff. Councilmember Wilson commented the City operates like an undercapitalized organization; there is not enough money to operate smartly or efficiently. Things like updating the compensation policy are not accomplished and a $50,000 expenditure is required to update the policy. He found this pennywise and pound foolish, but until the City had a sustainable funding model, anticipated it would continue to happen. Councilmember Peterson commented nationwide there was a feeling that government could save incredible amounts of money by reducing labor costs. Edmonds has been doing that over the past ten years and he did not envision a study would result in a huge net savings or have a big impact on the City’s finances. Councilmember Fraley-Monillas commented she was not seeking savings but rather to pay a fair wage and do business better. Councilmember Plunkett summarized a sufficient number of Councilmembers were interested in considering a draft scope of work. He asked Ms. Humann whether she could provide a draft scope of work in the near future. Mayor Cooper advised staff would work with the Finance Committee to develop a scope of work. 11A. INTERURBAN TRAIL EASEMENT SETTLEMENT. Council President Bernheim explained the Council was presented with an easement settlement in executive session to address a construction issue on a portion of the Interurban Trail. COUNCIL PRESIDENT BERNHEIM MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE STAFF’S RECOMMENDATION WITH REGARD TO THE INTERURBAN TRAIL EASEMENT SETTLEMENT. MOTION CARRIED UNANIMOUSLY. 12. REPORT ON CITY COUNCIL COMMITTEE MEETINGS OF DECEMBER 14, 2010 Community Services/Development Services Committee Councilmember Peterson reported the majority of items discussed by the Committee were approved on the Consent Agenda. He highlighted the Acceptance of Project for Talbot Road/Perrinville Creek Improvement and Habitat Enhancement Project Phase 1 and the Authorization to Advertise a Request for Qualifications to Packet Page 5 of 17 AM-3766   Item #: 2. Public Safety and Human Resources Committee Date: 03/01/2011 Time:30 Minutes   Submitted For:Councilman Wilson Submitted By:Jana Spellman Department:City Council Committee:Public Safety Type:Information Information Subject Title Discussion of new council staff position related to budget/financials/insurance. Recommendation from Mayor and Staff Previous Council Action Narrative Discussion on merits of hiring Council-directed personnel relating to policy development and budget oversight. The enclosed application announcement will be used as a starting point with discussion on relative benefits and costs of hiring a consultant versus an employee. Attachment:  Application Announcement Attachments Wilson Employment Announcement Form Review Inbox Reviewed By Date City Clerk Sandy Chase 02/24/2011 02:41 PM Mayor Mike Cooper 02/25/2011 11:16 AM Final Approval Sandy Chase 02/25/2011 11:56 AM Form Started By: Jana Spellman Started On: 02/24/2011 11:07 AM Final Approval Date: 02/25/2011  Packet Page 6 of 17 Employment Opportunity Announcement Budget and Policy Director for the City Council February 22nd, 2011 Prepared on behalf of the Edmonds City Council Packet Page 7 of 17 I. Introduction The City Council of the City of Edmonds is seeking to fill the position of Budget and Policy Director for the City Council. This position would work closely with the City Council, under guidance from the Council President, and with city administrative staff, including the Mayor and department directors. Since Jan 1, 2010, two new Council members have been appointed to the seven member body. Of the seven Council members, five have yet to complete their first four year term. In July, the Edmonds mayor resigned his position, leaving a vacancy that was filled shortly thereafter. A significant number of director level positions have been replaced as well. The City of Edmonds runs particularly lean in terms of staffing. This can sometimes make it difficult to get timely information to the Council to support policy discussions and deliberation as each department is both thinly staffed and faces a full work load. II. Scope of Work The Budget and Policy Director will support the City Council in completing addressing budget and policy matters. The position will work under the direction of the Council President, with assistance from the Sr. Executive Assistant to the City Council, and with each member of the Council as needed to address the following: - Develop policy options relating to Council interests and priorities; - Answer questions posed by the Council or Council members regarding the financial data and budget information as reported by the administration; - Support the effort to coordinate communication between the Council and administration regarding policy questions, with a particular focus on budget and financial data and reporting; - Review and analyze the financial projections and assumptions for the city finances for the years ahead; - Support the Council in understanding the budget implications of potential policy decisions; This is not an audit or accounting position, nor is this position intended to replace staff work in the City of Edmonds Finance Department. This position is a full-time position with an annual review, and includes city benefits as assigned to non-represented employees. Applicants should note their salary expectations in their cover letter. The City Council reserves the right to alter or extend this scope of work as necessary. Respondents are encouraged to read previous Council minutes where discussions of budget, financial and policy matters have taken place. This will provide some contextual information for the work environment during the course of this contract. III. Qualifications Packet Page 8 of 17 Required qualifications and experience of the applicant are as follows. Budget - Bachelors degree with a significant and relevant experience dealing with public sector budgets, either in the development of or implementation of budgets - Demonstrated experience working with and reporting to a legislative body to develop and complete a budget process - Experience analyzing and budgeting for health care-related activities and/or policies; Policy - Experience working in local government, either at the city or county level, and developing policy; - Five years experience working directly with, and preferably reporting to, elected officials; - Direct experience developing policy for elected legislative officials in the areas of energy, technology, health care, and environmental stewardship; - Strong interpersonal skills with a demonstrated ability to manage contentious relationship in a professional and high integrity manner Desired qualifications and experience includes: - Graduate level study is preferable in a relevant area of study - An understanding of financial practices and procedures as outlined by the Governmental Financial Officers Association (GFOA) IV. About the City of Edmonds A walkable waterfront town, celebrated as an arts community, Edmonds offers sandy beaches, stunning views, and a full calendar of year round arts events. Fanning out from the central fountain, enjoy sidewalk cafes, art galleries, shop at boutique clothing, hardware, garden supply, and houseware stores. Browse through travel specialty shops, unique jewelry, outstanding wine and food, book and antique stores. A rich blend of old and new makes Edmonds distinctive. Accented by art, colorful hanging baskets, and vintage street lamps, the pedestrian-friendly downtown reflects the scale and design elements of the past with the former Carnegie Library Historical Museum, a log cabin Visitor Center, and a 1920s Art Deco movie theater. Restaurants, cafes and bistros, offer a delicious dining experience and beachfront eateries with outdoor tables provide scenic views of Puget Sound, the Olympic Mountains, and magnificent sunsets. Shopping and dining opportunities are also found along Highway 99 and the neighborhood commercial districts of Westgate, Perrinville, Firdale Village, and Five Corners. The City of Edmonds has a strong mayor form of government, with a general fund budget of approximately $36 million. The total budget, including all city revenues and expenditures, is approximately $75 million. V. Non-discrimination policy Packet Page 9 of 17 The City of Edmonds does not discriminate on the basis of any protected by federal or state law, including race/color, creed (religion), national origin, sex, disability, use of a guide dog or service animal by a person with a disability, HIV/AIDS or hepatitis C status, sexual orientation/gender identity, or honorably discharged veteran and military status. The consultant shall agree not to discriminate against any client, employee, or applicant for employment or for services based on any of the aforementioned basis. The City of Edmonds is an equal opportunity employer. Further, response to this announcement authorizes the City of Edmonds to obtain background information on history relevant to this position to include contact with past employers and references. It is further understood that any finalist, prior to being selected, may be required to complete a criminal background investigatory process. The City of Edmonds reserves the right to reject all qualifications or to contract with different firms for different services. VI. Timeline The City Council reserves the right to alter this timeline at any time. This is provided for planning purposes to respondents. (Needs updating according to Council calendar.) March 15th Position posted April 15th Application period concludes April 25th/26th First round interviews with Council subcommittee May 2nd/3rd Second round interviews with Mayor and directors May 10th Final round interviews with full Council June 6th Expected date of hire VII. Response <Standard language directing applicants to HR director.> Packet Page 10 of 17 AM-3771   Item #: 3. Public Safety and Human Resources Committee Date: 03/01/2011 Time:15 Minutes   Submitted By:Gerry Gannon Department:Police Department Committee:Public Safety Type:Action Information Subject Title Discussion regarding a proposed camping Ordinance. Recommendation from Mayor and Staff Approve Camping Ordinance for the consent agenda. Previous Council Action None Narrative The police department is requesting that Council approve this new ordinance to Chapter 5 to effectively deal with camping in the city parks, public areas, and those individuals that are living out of their vehicles. Recently the department dealt with an individual living out of his vehicle. The behavior exhibited by this person caused a safety concern with several of the local residents. In addition he was causing a public nuisance and health risk in the neighborhood where he was parked by using the neighborhood as a public rest room. This ordinance will provide police the ability to deal with make-shift camps found throughout the city including parks, public areas, and the individuals living in cars. Similar ordinances are currently in place in Everett and Lynnwood and have been effective dealing with situations we recently had. Rich Lindsey of the Parks Department reviewed the ordinance and felt it is a benefit to the City and maintain our parks as a safe place for our residents. The ordinance has been approved as to form by Bio Park of our City Attorney’s office.  Attachments Camping Ordinance Signature pages Form Review Inbox Reviewed By Date City Clerk Sandy Chase 02/24/2011 02:41 PM Mayor Mike Cooper 02/25/2011 08:33 AM Final Approval Sandy Chase 02/25/2011 08:58 AM Form Started By: Gerry Gannon Started On: 02/24/2011  Final Approval Date: 02/25/2011  Packet Page 11 of 17 {BFP832391.DOC;1\00006.900160\ } Chapter 5.70 CAMPING Sections: 5.70.010 Unlawful camping. 5.70.020 Storage of personal property in public places. 5.70.030 Definitions. 5.70.040 Penalty for violations. 5.70.050 Parked recreational vehicles exempt. 5.70.010 Unlawful camping. It shall be unlawful for any person to camp in the following areas, except as otherwise provided by ordinance or as authorized pursuant to permits issued by the City: A. Any park; B. Any street; C. Any publicly owned parking lot or publicly owned area, improved or unimproved. 5.70.020 Storage of personal property in public places. It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the following areas, except as otherwise provided by ordinance or as authorized pursuant to permits issued by the City: A. Any park; B. Any street; or C. Any publicly owned parking lot or publicly owned area, improved or unimproved. 5.70.030 Definitions. The following definitions are applicable in this chapter unless the context otherwise requires: A. “Camp” means to pitch, use, or occupy camp facilities for the purposes of habitation, as evidenced by the use of camp paraphernalia. B. “Camp facilities” include, but are not limited to, tents, huts, temporary shelters, or vehicles if said vehicle is being used as a temporary living quarters. C. “Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks or cooking facilities or equipment. D. “Park” means the same as defined in ECDC 21.80.005. Packet Page 12 of 17 {BFP832391.DOC;1\00006.900160\ } E. “Store” means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location. F. “Street” means any highway, lane, road, street, right-of-way, boulevard, alley, and every way or place in Edmonds open as a matter of right to public vehicular travel. 5.70.040 Penalty for violations. Violation of any of the provisions of this chapter is a misdemeanor, and shall be subject to penalties as provided in ECC 5.50.020. 5.70.050 Parked recreational vehicles exempt. The provisions of this chapter shall not apply to recreational vehicles parked on any street, or in any publicly owned parking lot or publicly owned area, improved or unimproved, if said recreational vehicle is not at that time being used as temporary living quarters. For purposes of this chapter, “recreational vehicle” means a travel trailer, motor home, truck camper, or camping trailer that is primarily designed and used as temporary living quarters, is either self-propelled or mounted on or drawn by another vehicle, is transient, is not occupied as a primary residence, and is not immobilized or permanently affixed to a mobile home lot. Packet Page 13 of 17 {BFP832459.DOC;1\00006.900160\ } - 1 - ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING A NEW CHAPTER 5.70 ECC CONCERNING CAMPING ON PUBLIC PLACES AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City of Edmonds Police Department has been receiving complaints concerning people living in their cars that are parked on public property; and WHEREAS, the City Council of the City of Edmonds finds that it is for the best interest of the public to regulate camping on publicly owned property NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Adopted Section 2. . A new Chapter 5.70 ECC is hereby adopted to read as set forth in Exhibit A, attached hereto and incorporated herein as if set forth in full. Effective Date APPROVED: . This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. MAYOR MIKE COOPER ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE Packet Page 14 of 17 {BFP832459.DOC;1\00006.900160\ } - 2 - APPROVED AS TO FORM: BY CITY ATTORNEY, W. SCOTT SNYDER FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Page 15 of 17 {BFP832459.DOC;1\00006.900160\ } - 3 - SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2011, the City Council of the City of Edmonds, passed Ordinance No. _____________. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING A NEW CHAPTER 5.70 ECC CONCERNING CAMPING ON PUBLIC PLACES AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________,2011. CITY CLERK, SANDRA S. CHASE Packet Page 16 of 17 AM-3774   Item #: 4. Public Safety and Human Resources Committee Date: 03/01/2011 Time:15 Minutes   Submitted For:Councilmember Wilson Submitted By:Sandy Chase Department:City Clerk's Office Committee:Type:Information Information Subject Title Discussion on review of medical benefits. Recommendation from Mayor and Staff Previous Council Action Narrative Report by Debi Humann, Human Resources Director, on experience in 2010 reviewing medical benefits and discussion on next steps. Form Review Inbox Reviewed By Date Mayor Mike Cooper 02/25/2011 11:16 AM Final Approval Sandy Chase 02/25/2011 11:56 AM Form Started By: Sandy Chase Started On: 02/24/2011 03:57 PM Final Approval Date: 02/25/2011  Packet Page 17 of 17