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PSPP061422PUBLIC SAFETY, PERSONNEL & PLANNING COMMITTEE MEETING June 14, 2022 Elected Officials Participating Virtually Staff Participating Virtually Councilmember Laura Johnson (Chair) Susan McLaughlin, Development Services Director Councilmember Susan Paine Jeff Taraday, City Attorney Council President Vivian Olson (ex-officio) Sharon Cates, City Attorney's Office Scott Passey, City Clerk Other Councilmembers Present Councilmember Buckshnis CALL TO ORDER The Edmonds City Council virtual online PSPP Committee meeting was called to order at 4:30 p.m. by Councilmember L. Johnson. 2. COMMITTEE BUSINESS Ordinance to Add Human Services to PSPP Committee Councilmember Paine commented it makes sense to add human services to the PSPP to have more oversight through the committee process and PSPP is the right committee as includes both public safety and planning. A brief discussion followed regarding support for adding human services to the PSPP Committee. Action: Consent Agenda 2. Ordinance Amending ECC 5.27.210 regarding Fireworks Fines Mr. Taraday advised this ordinance was requested by the mayor. The effect of the ordinance is to correct the inadvertent inclusion of language that has the effect of creating a much higher fee than was represented when the ordinance was brought forward. If the language remains as is, the Public Safety and Education Assessment (PSEA) has the effect of adding to the base fine of $500 for a first offense and making it a total penalty of $1,025. If the language in the proposed ordinance is approved, the total fine is $500 and the base fine is reduced to $243.90. The city attorney's office does not have recommendation, it is how much the council wants fines for fireworks violations to be. Questions and discussion followed regarding the regulations in RCW 70.77.111 versus Edmonds' ban, whether a violation of Edmonds law equates to a violation of state law, automatic addition of PSEA to current fines, the council's discretion in setting the base fine, automatic imposition of the PSEA, purpose and use of the PSEA fine, whether there is a PSEA assessment for a second offense, the court's discretion over the base fines, and how the amount of the PSEA is calculated. Mr. Taraday offered to conduct further research during the PSPP meeting. The council returned to this item following the conclusion of other agenda items. Discussion continued regarding the amount of the PSEA in RCW 3.62.090; inability for courts to suspend or waive the PSEA; applicability of PSEA to any fine, forfeiture or penalty assessed; whether to the lower the base fine in view of the PSEA; base fee as a percentage of the PSEA; whether the court has discretion to reduce the base fine; fine as a deterrent; cost of implementing this ordinance; and referencing the state PSEA in the City's ordinance. Mr. Taraday will research whether the court has discretion to lower the base fine. Action: Full council 06/14/22 PSPP Committee Minutes, Page 2 3. Opioid Settlement Participation Form Ms. Cates advised this is a continuation of a discussion regarding the One Washington Memorandum of Understanding regarding the settlement with opioid distributors. The settlement participation form that the state is asking all municipalities to sign is part of the settlement reached for $518 million to be paid over 17 years. The settlement requires all litigating municipalities (Edmonds is not one) and 90% of others in the state over 10,000 population to sign it and if they do not, the distributors have the option of deciding whether to enter into the settlement agreement or not. The State Attorney General's Office is encouraging all municipalities to sign. Questions and discussion followed regarding Edmonds not accepting funds and having its funds distributed by Snohomish County and how that would happen logistically. Staff will draft a letter supporting the mayor signing a letter of commitment. Action: Consent Agenda 4. Missing Middle Grant Application Ms. McLaughlin explained the Department of Commerce has offered jurisdictions over 20,000 population up to $100,000 to study missing middle housing, conduct a racial equity analysis and address anti -displacement policies. The City is required to do this work and the grant will help fund technical studies. The grant requires the analysis include 30% of lots currently zoned single family; it does not require adopting changes to 30% of single family zoning. The funds can also be used for informational material for the public, conducting outreach and packaging recommendations to city council. The grant requires a letter of commitment from the mayor; the mayor wanted this presented to committee to get council support for the commitment letter. Questions and discussion followed regarding anti -displacement policies and ensuring the equity analysis includes race and income levels. Staff will draft a letter supporting the mayor signing a letter of commitment. Action: Consent Agenda 5. Employment Agreement - Executive Assistant to City Council Ms. Cates recalled the council contracted with two individuals to job share the position of executive assistant. One of those employees has left the position and the other has agreed to move to a full-time position if the council agrees to certain changes to the terms of the employment agreement. She reviewed changes to the agreement including increasing the hourly rate from $35.00 to $38.36, which is Step 1 of pay range NR-33. This will allow the employee to receive step increases and COLAs that other non -represented employees receive. The NR policy provides a step increase after six months which is September 1, 2022 and another January 1, 2023 and every January 1 thereafter provided the agreement is renewed. Other changes include deleting reference to "this part-time position" in Section 4.1 and adjusting vacation and sick leave for a 40-hour/week employee; the remainder of the agreement is unchanged. Questions and discussion followed regarding changes made to reflect current duties and whether this position serves as backup videographer for council meetings. Action: Consent Agenda once it is clarified whether one of the position's duties is backup videographer. 3. ADJOURN The meeting was adjourned at 5:23 p.m.