2013-08-19 City Council - Public Agenda-1510EDto
o - 1 9
AGENDA
EDMONDS CITY COUNCIL
Fourtner Meeting Room — City Hall
121 5th Avenue North, Edmonds
City Council Public Safety and Personnel Committee
Special Meeting
Monday, August 19, 2013
9:00 a.m.
The City Council Committee meetings are work sessions for the City Council and staff. Members of the public are welcome to observe the
meeting, but public participation is limited to making comments at the end of the meeting with a 3 minute limit per person.
1. (5 Minutes) Transfer and Hold Harmless Agreement for Police Dog Dash to Sergeant Josh McClure.
2. (30 Minutes) Discussion: Edmonds City Code Chapter 2.10 Revisions
3. (15 MinuteS) Discussion regarding authorization to recruit for Development Services Director.
4. (10 Minutes) Public Comments (3 Minute Limit Per Person)
ADJOURN
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AM-6011
City Council Public Safety & Personnel Committee
Meeting Date:
08/19/2013
Time:
5 Minutes
Submitted By:
James Lawless
Department:
Police Department
Committee:
Public Safety, Personnel
Type: Action
Information
Subject Title
Transfer and Hold Harmless Agreement for Police Dog Dash to Sergeant Josh McClure.
1.
Recommendation
It is the staff recommendation that the Public Safety Committee forward this as a consent agenda item for the August 20, 2013
Council meeting for full Council approval.
Previous Council Action
n/a
Narrative
Police Dog Dash started with the police department in 2006. He was assigned to Officer Josh McClure as his handler. During
Dash's seven year career, he was not only an asset to the community, but became a family member to the McClure family. In
late 2012, Dash began to to experience medical conditions that indicate he is approaching the end of his working career. It is
not cost effective to select another handler to work with him for a limited time, as it is likely that by the time the new handler is
trained, that Dash will be unable to work. In addition, Josh McClure was promoted to Sergeant on July 1, 2013, and with that
promotion ceased work as a K9 handler. The Edmonds Police Foundation is in the midst of a fund-raising campaign to
purchase Dash's successor.
The past practice has been to sell the retiring police dog to their last handler for $1.00. In additional, the officer retaining the
retiring police dog signs a Hold Harmless Agreement with the City of Edmonds. The Department is asking that the Council
approve the sale and Hold Harmless Agreement between Josh McClure and the City of Edmonds.
The City Attorney has approved the Hold Harmless Agreement as to form.
Exhibit 1 - Hold Harless Agreement - Police Do,g Dash
Inbox Reviewed By
City Clerk Sandy Chase
Mayor Dave Earling
Finalize for Agenda Sandy Chase
Form Started By: James Lawless
Final Approval Date: 08/08/2013
Attachments
Form Review
Date
08/07/2013 02:35 PM
08/08/2013 11:37 AM
08/08/2013 11:40 AM
Started On: 08/07/2013 11:24 AM
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HOLD HARMLESS AGREEMENT AND RELEASE FROM LIABILITY
IN ACCEPTING transfer from the Edmonds Police Department of the following described
canine, to wit: Dash, a black and tan male, German Shepherd dog, date of birth 6/27/05, after the
payment of $1.00 to the City of Edmonds, the undersigned, Joshua D. McClure, recognizes that said
animal has received training in police canine procedures and tactics, including, but not limited to, attack
training and other forms of aggressive conduct, and by acceptance of this animal that has been retired
from use for medical reasons by the Edmonds Police Department as one of its police canines, the
undersigned, for and in consideration of the transfer to him of Dash, agrees as evidenced by his signature
hereto to indemnify, defend and hold harmless the City of Edmonds, the Edmonds Police Department and
its employees and agents from any and all liability whatsoever including all costs and attorneys fees that
might arise from any acts engaged in by the aforesaid canine resulting from his training as herein
described as well as any other acts of said canine whether or not attributable to such training.
The undersigned further more agrees to waive any and all claims of liability insofar as the City of
Edmonds, the Edmonds Police Department, its employees and agents are concerned that might arise as a
result of his use and/or possession of said animal.
Moreover, it is understood by the undersigned that in consideration of this transfer, the Edmonds
Police Department surrenders all responsibility and obligation for the condition of, care of and acts of said
animal.
By signing this instrument, the undersigned acknowledges his full understanding of all of the
language contained herein and specifically agrees to all of the terms of this document.
DATE:
NAME:
ADDRESS:
STATE OF WASHINGTON )
COUNTY OF SNOHOMISH )
On this day personally appeared before me ,
to me known to be the individual described in and who executed the within and foregoing instrument, and
acknowledged that signed the same as free and voluntary act and deed for the uses and
purposes therein mentioned.
GIVEN under my hand and official seal this day of 12013.
NOTARY PUBLIC in and for the
State of Washington, residing
at
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AM-6006
City Council Public Safety & Personnel Committee
Meeting Date: 08/19/2013
Time: 30 Minutes
Submitted For: Council President Petso
Department: City Council
Committee: Public Safety, Personnel
Subject Title
Discussion: Edmonds City Code Chapter 2.10 Revisions
Submitted By: Jana Spellman
Tyne:
Information
Information
2.
Recommendation
Review the latest draft revisions to certain chapter 2.10 ECC, deliberate, and give additional direction to the City Attorney.
Previous Council Action
In 2012, during the confirmation of Rob Chave as acting Development Services Director, it became clear that chapter 2.10
ECC did not adequately address the confirmation of acting directors and whether the City Council sought to confirm such
acting appointments. On March 6, 2012, the City Council requested that an amendment to chapter 2.10 ECC be sent to
committee for review and discussion. The City Council did not give clear direction about the amendments it wanted to see in
chapter 2.10 ECC.
On March 13, 2012, the Planning, Parks and Public Works committee considered proposed revisions to chapter 2.10 ECC. The
committee requested that the scope of the code update be extended beyond chapter 2.10 ECC. Additional revisions to a large
portion of Title 2 were brought to the committee for review during the April and May 2012 committee meetings.
The City Attorney is recommending that the revisions to Title 2 be considered in smaller chunks, perhaps one chapter at a
time. Hence, only revisions to chapter 2.10 ECC has been included in the council packet.
The City Attorney reviewed the minutes from the July 2013 PS&P committee and incorporated revisions where the committee
had directed that revisions be made.
Narrative
The attached revisions to chapter 2.10 ECC are intended as a guide to discussion of possible revisions to this chapter.
One issue addressed in these revisions is the one that was initially in mind when the City Council referred this matter to
committee: the acting director issue. The attached revisions represent one possible approach to the confirmation of acting
directors, but the City Council has the authority to require confirmation even of acting directors if it chooses to do so.
July 9.2013 Public Safety/Personal Committee Minutes
2013-08-08 Revisions to Chapter 2.10 ECC
Inbox Reviewed By
City Clerk Sandy Chase
Mayor Dave Earling
Finalize for Agenda Sandy Chase
Form Started By: Jana Spellman
Final Approval Date: 08/09/2013
Attachments
Form Review
Date
08/08/2013 11:31 AM
08/09/2013 09:36 AM
08/09/2013 10:02 AM
Started On: 08/05/2013 02:42 PM
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B. Reinstating Clerk Position
Judge Fair explained that case loads continue to increase in the court. As a result of the
increased work load and the fact that funds are available, he was requesting reinstating
the clerk position in Municipal Court.
Responding to questions, Judge Fair stated that funds are available in the non
departmental budget (unallocated portion of the public defender contract).
The committee members agreed to place approval of reinstating the clerk position on the
City Council Consent Agenda.
C. L & I Claims Management
Mary Ann Hardie, Human Resources Manager, referred to the memo provided to the
City Council on this topic. She explained that her department analyzed options related
to managing the city's L & I claims. The analysis came down to looking at a third party
to handle the claims. Based on the analysis, costs would be lower using a third party.
There is a fee for the services that at a minimum would be a break even cost with the
potential of significant savings.
Councilmember Peterson asked if the use of a third party would have any effect on labor
agreements. Ms. Hardie stated they are having the City Attorney's Office check on this
issue, however, they do not believe it is a subject of bargaining. They also did an
extensive reference check of the firm being considered and all cities and counties have
been very pleased.
Responding to further questions, Ms. Hardie stated the third party would provide as
much training as needed to employees.
Committee members were supportive of moving forward to the next step.
A. Discussion: Edmonds City Code Chapter 2 Revisions
Councilmember Bloom stated that she discussed a number of issues with the City
Attorney today. The first issue is regarding the title of the Chapter "Confirmation and
Duties of City Officers." She noted that there is not a definition of a City Officer. She
made the assumption that a City Officer is a director level position or all the positions
that include over site of code and have to be approved by Council. She believes "City
Officer" needs to be defined.
Councilmember Bloom also pointed out the Chapter includes reference to the Hearing
Examiner, Executive Assistant to Council, and Mayor's Executive Assistant. She noted
these positions are not City Officers.
Councilmember Peterson suggested the title of the chapter could be changed from the
reference to "City Officers" to referencing the positions that are included in the chapter.
After discussion, the committee members agreed to request the City Attorney to bring
back a definition of City Officer.
Public Safety & Personnel Committee
July 9, 2013
Page 2 of 5
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Councilmember Bloom reported the City Attorney also suggested that the positions of
City Clerk and City Engineer be included in this Chapter because they are called out in
RCW. She agrees that it makes sense to include these positions as City Officers.
Councilmember Peterson expressed wariness that this would add city staff that Council
needs to confirm, which may cause more of the line between the legislative branch and
the executive branch to get crossed. This would be going beyond confirming director
positions.
After discussion, the committee members agreed to bring to the City Council for
discussion the addition of the City Clerk and City Engineer positions to Chapter 2.
The next issue discussed by Councilmember Bloom was related to the Hearing
Examiner being included in this Chapter. She questioned why this position is included.
(Note: This issue was further discussed later in the meeting.)
Next, Councilmember Bloom referred to language proposed for 2.10.010 A, and
recommended the following changes:
A. Whenever a vacancy occurs in one of the positions listed in this section, the city
council may will review the specifications of that position and revise it as needed
before acting to confirm a permanent appointment.
She further recommended the last sentence be removed as she does not see the need
for it.
Councilmember Peterson agreed with changing "may" to "will." With regard to removing
the last sentence, he questioned if the City Attorney may have included it as a
protection.
Next, Councilmember Bloom referred to language proposed for 2.10.010 D, and
recommended the following changes:
D. The mayor shall appoint, subject to council confirmation, the department direGter
City Officer positions. The city shall have the following department direGter CitV
Officer positions;
With regard to the balance of Section D., she suggested the following:
"The council shall interview the top three candidates for each position prior to the
mayor's final selection, PROVIDED that the city council may waive the three -
interview requirement by motion and may opt to interview as few as one two
candidates for any vacant position.
Councilmember Peterson disagreed commenting that if there is clearly only one qualified
candidate it would be forcing the Mayor to have an unqualified candidate be interviewed,
which would not be appropriate. It is always the council's option to require an additional
candidate, but not always feasible. He believes the current language is fine.
Councilmember Bloom stated this topic will be added as a discussion issue before the
full council. (Note: This topic was discussed further in the meeting.)
Public Safety & Personnel Committee
July 9, 2013
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Next, Councilmember Bloom discussed 2.10.010 E., and proposed the following
"Notwithstanding the provisions of this chapter, the mayor shall have the authority to
appoint, without city council confirmation, an acting director to any of the positions
set forth in subsection D, above, PROVIDED that a search is initiated immediately to
fill the vacancy, and there is budgetary authority to fill the position, AND any such
acting directorship shall expire and be deemed vacant six months after the date of
the appointment. The city council shall be given written notice about any such acting
appointments including the effective date of the appointment.
If, in that 6 month period of time, two or more suitable candidates have not been
found for Council to interview, the mayor may request an extension of an additional 3
months to continue the search. Any extension of the 6 month initial "acting
directorship" appointment shall be subject to city council confirmation."
Council President Peterson stated he wants to be sure that if the Mayor finds only two
qualified candidates that he is not able to move forward because he does not have
three.
Carrie Hite, Human Resources Reporting Director, joined the meeting at this time and
suggested the committee consider two candidates versus 3, pointing out the recent
experience in replacing positions.
After discussion, the committee agreed to the language: two or more suitable
candidates.
Additional discussion was held regarding the Hearing Examiner being included in this
Chapter. The committee concluded the City Attorney is to determine if there would be a
conflict of interest if the Hearing Examiner is hired by the City Council. In addition, it was
recommended to eliminate consideration of including the City Attorney under this
chapter.
Next, under 2.10.020, Assignment of Duties, Councilmember Bloom recommended:
The city council shall define the functions, powers and duties of the city's directors
and employees. The mayor s#a4 will direct, supervise, and be in charge of all
directors and employees in the performance of their functions powers and duties.
Councilmember Bloom also wanted language added that "all city officer job duties and
job descriptions shall be reviewed and updated every five years." This would be limited
to the City Officer job descriptions. Further, she would like language added that
department directors will "assure compliance and accountability with federal, state and
local laws and regulations."
Councilmember Bloom stated that under 2.01.050, she would like to remove "or his or
her designee." She explained there are certain matters such as legal determinations
that should only be deferred in certain matters.
Ms. Hite pointed out that there needs to be someone who can make decisions in the
absence of the director.
Public Safety & Personnel Committee
July 9, 2013
Page 4 of 5
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Councilmember Peterson suggested dropping reference to 2.10.050 in this section of the
code.
Councilmember Bloom next pointed out that 2.10.050 refers to both finance director and
community services director, however the title of the section does not reflect this.
Further, Councilmember Bloom believes the positions of Executive Assistant to the
Council and the Mayor's Executive Assistant should not be part of this chapter as they
are not City Officers.
Committee members agreed to request the City Attorney to determine if these positions
should be in a different section of the code.
D. Discussion regarding Code of Ethics.
Committee members discussed ethics policies from Bainbridge Island, Lynnwood and
Kirkland.
Councilmember Bloom referred to the policy from Bainbridge Island and would like to
include the requirement for members to "disclose a conflict of interest" as a standing
requirement at all city meetings for all officials. Councilmember Peterson commented
that he believes the Council does a good job at this disclosure; however, having it on
each agenda is a good reminder.
Further discussion occurred related to policies, including the possible consideration of a
Code of Ethics Officer.
After discussion the committee agreed to forward to the next work session of the City
Council the Bellevue and Kirkland ethics policies and the Kirkland Code of Conduct for
discussion. The committee also recommended including the statement from Bainbridge
Island related to disclosure of conflict of interest for all officials. After full Council
discussion, direction can then be given to the City Attorney on how to proceed.
Ms. Hite indicated she would bring back information on a Code of Ethics Officer.
The meeting adjourned at 8:07 p.m.
Public Safety & Personnel Committee
July 9, 2013
Page 5 of 5
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2.10.050 Definitions.
Chapter 2.10
CONFIRMATION AND DUTIES
OF QY-APPOINTIVE OFFICERS
Sections:
2.10.010
Confirmation process.
2.10.020
Assignment of duties.
2.10.030
Police chief.
2.10.040
Repealed.
2.10.050
References to director of community development.
2.10.060
Executive council assista4JT11.
2.10.070
Mayor's executive assistant.[JT21
2.10.050 Definitions.
A. Appointive office�[JT31. For the purposes of this chapter, "appointive officer"
means the following city officers that are appointed by the mayor and subject to
city council confirmation: all director -level positions in the city's adopted budget,
including the police chief.
2.10.010
Confirmation process.
A. Whenever a vacancy occurs in one of the positions listed in this section, the city
council I illl[mi review the specifications of that position and revise it as needed before the
vaeaney is acting to confirm a permanent appointment. Nothing in this subsection
shall be construed to prevent the city council from reviewing such specifications at other
times, but doing so will not have any effect on previously confirmed permanent
appointments.
B. The mayor or his/her designee will review all applications and determine the persons
with the highest qualifications. Any city council member, upon request to the mayor, may
review the applications received for the vacant position.
C. The mayor shall appoint, subject to city council confirmation, the positions of judge
shearing examiner. The hearing examiner may be removed from his/her position for
cause, as determined by the mayor. The judge may be r-emoved f-Fefn his/her- effie
.
D. The mayor shall appoint, subject to council confirmation, the
diFeetor-, development seiwiees direetor, parks and recreation dir-eetor-, public works ,
and h,,,v,a dir-ee,.*,.,. appointive officers. The city council shall interview the top
three candidates for each position prior to the mayor's final selection, PROVIDED that the
city council may waive the three -interview requirement by motion and mayopt to interview
as few as one candidate for any vacant position. The mayor's appointments to all other
employee positions shall not be subject to city council confirmation.40fd-.32944,�r
E. Notwithstanding the provisions of this chapter, the mayor shall have the authority to
appoint, without city council confirmation, an acting director to any of the positions set
(Revised ) 2-
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forth in subsection D. above. PROVIDED that a search is initiated immediatelv to fill the
PROVIDED that any such acting directorship shall expire and be deemed vacant six months
after the date of the appointment. The city council shall be given written notice about any
such acting appointments including the effective date of the appointment. If, in that six
month period of time, two or more suitable candidates have not been found for Council to
searchJUT61 Anv extension of the six month initial "acting directorshiD1 [JT71shall be subiect
to city council confirmation. Acting directors shall be compensation pursuant to applicable
ordinances and personnel policies regarding actingpay.
2.10.020
Assignment of duties.
The city council shall define the functions, powers and duties of the city's directors and
employees. The mayor shall direct, supervise, and be in charge of all directors and
employees in the performance of their functions, powers, and duties. Ddepartment directors
shall be responsible for carrying out all directives as assigned by the mayor, including, but
not limited to, planning and directing the activities and staff in their respective assigned
departments, supervising and evaluating the work processes and assigned staff, controlling
the financial integrity of the assigned -departmental budget, and insuring the delivery of
quality public services. All department directors shall serve at the pleasure of the mayor.
[OFd. 3279 § 1 19991.
2.10.030
Police chief.
Pursuant to the authority of RCW 41.12.050(2), the position of police chief has been
exempted from civil service. The peliee ehief shall be appointed by the may -of
su jeet to eonfifmatierr-vby majority vote of the city council. [Ord. 3279 § i, 1999T
2.10.040
2.10.050
References to director of community development.
Wherever references are made in the Edmonds City Code, the Edmonds Communitv
Development Code or any ordinance of the city to the_�etor of community development
director, said reference shall hereafter be construed to mean the development services
depat4fneat director or his/her designee. [^�2'79 , 1, ' °°°].Wherever references are
made in the Edmonds Citv Code, the Edmonds Communitv Development Code. or anv
ordinance of the city to the administrative services director, said reference shall hereafter be
construed to mean the finance director or his/her designee.
Packet Page 11 of 33
2.10.060
Executive eou-neil assistant to council.
The executive eouneil assistant to council shall be a contract employee hired on an annual
basis by the city council. The terms and conditions of employment for the executive earl
assistant to council as well as all benefits shall be governed by the provisions of the
contract. Depending on the experience level of the particular person serving in this role, the
prefix of "senior" may be added to the title. The contract shall provide for the delegation by
the mayor of the direction of this individual to the city council president. In the event that
the mayor elects in his or her discretion not to delegate that function, the ciycouncil
reserves the right to immediately eliminate the position. [Or-d. 3279 §1, 1999].
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2.10.070
2.10.070
Mayor's executive assistant.
The position of mayor's executive assistant shall be an at -will position with the executive
assistant serving at the pleasure of the mayor. The s 'afy for the pasit ^" is est-ably ishe a by
the annual sa4ar-y or-dinanee. The terms and conditions of employment as well as job duties
being set forth in a job description developed by the mayor with the concurrence of the city
council. {Ord. 3279-§-1 'ter
(Revised )
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2-
AM-6024
City Council Public Safety & Personnel Committee
Meeting Date: 08/19/2013
Time: 15 Minutes
Submitted For: Councilmember Bloom
Department: City Council
Committee: Public Safety, Personnel
Submitted By. Jana Spellman
Tyne:
Information
Subject Title
Discussion regarding authorization to recruit for Development Services Director.
Recommendation
Previous Council Action
Information
3.
July 9, 2013 Finance Committee: The Finance Committee discussed considering a budget amendment to fund the
Development Services Director position in 2013 rather than delay funding of this position until the 2014 budget (minutes
attached.)
August 6. 2013 Council Meeting_ The full Council discussed this topic (minutes attached).
During that meeting, Council member Bloom requested that Council discuss recruitment for the Development Services
Director to begin as soon as possible. Given the previous difficulty in recruiting a suitable candidate to fill the position, it is
likely that the recruitment process will take several months
Narrative
The Development Services Director position has remained vacant since March 31, 2009, the former director's last day of
employment. Since that time, two to three searches for a replacement have been launched, but none have resulted in filling the
position.
The third posting file may likely have been a combined posting file from 2010 (from the #10-15 pool) given the length of the
posting:
#09-15 — 45 applicants. Posted March 9, 2009. Closed April 2, 2009.
#10-15 — 54 applicants (many of whom were from the 09-15 pool). Posted March 2, 2010. Closed April 30, 2009.
There were also several rounds of interview — 7 interviewed from the#09-15 pool and 6 interviewed from the #10-15 pool
(with a second round of interviews of 3 from the #10-15 pool).
Planning Manager, Rob Chave, was appointed as Acting Development Services Director on March 6, 2012. The Development
Services Director oversees the Development Services Department which includes 13 other positions. This key director position
also oversees five chapters of our city code, and we are currently in the process of a long overdue code re -write. Only the
additional pay for the acting position was included in the 2013 budget. The Development Services Director position was not
funded in 2013. Mr. Chave continues to serve as the Acting Development Services Director and as Planning Manager of the
Development Services Department.
This topic has been placed on both the Finance and Public Safety/Personnel Committees for discussion.
Attachments
Attachl: April 7, 2009 Approved Council Minutes
Attach 2: June 16, 2009 Al2proved Council Minutes
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Attach 3: Au! 31, 2010 Approved Council Minutes
Attach 4: 2011 Approved Council Retreat Minutes
Attach 5: April 26, 2011 Approved Council Minutes
Attach 6: Nov. 6.2011 Approved Council Minutes
Attach 7: July 9. 2013 Finance Committee Minutes
Attach 8: Roger Neumaier, Finance Director, Memo
Attach 9: Aug. 6.2013 Draft Council Minutes
Attach 10: Development Services Director Job Description
Inbox Reviewed By
City Clerk Sandy Chase
Mayor Dave Earling
Finalize for Agenda Sandy Chase
Form Started By: Jana Spellman
Final Approval Date: 08/08/2013
Form Review
Date
08/08/2013 11:54 AM
08/08/2013 01:34 PM
08/08/2013 02:24 PM
Started On: 08/08/2013 11:49 AM
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BE IT FURTHER RESOLVED, That copies of this resolution be transmitted by the Secretary of
the Senate to Peggy Pritchard Olson and to Gary Haakenson, the Mayor of Edmonds.
Senator Shin presented the Senate Resolution to Councilmember Olson.
8. UPDATE ON BUDGET BY MAYOR HAAKENSON.
Mayor Haakenson recalled when he last updated the Council on the ending cash balance, he explained
continued declines in revenue required him to make the budget cuts that he announced in mid -March that
totaled over $300,000. The yearend cash balance was projected to fall as low as $250,000 at that time, $1
million less than the Council approved in the budget.
He reported through a series of actions it has now been possible to increase the 2009 projected yearend
cash balance to approximately $1.75 million. First, the budget cuts of $300,000 that he announced
previously. Second, he planned to leave three additional positions vacant for the balance of 2009
including the Development Services Director position, creating a savings of an additional $300,000.
Third, a decision was made not to make the annual contribution from the General Fund to the vehicle
replacement fund, saving $300,000. Fourth, through a combination of furloughs and contract
adjustments, the City's labor force has agreed to cuts totaling over $600,000. He summarized these
actions would carry the City through 2009, even though the ending cash balance would be $1 million
below the target.
He explained that was the good news; the bad news was the City returns to a deficit position in 2010 and
by 2014 would be $9 million in the red. While 2009 appears to be stable; immediate action in the form of
some combination of new revenues or budget cuts would be required before the end of 2009. He advised
revenue estimates had not been revised since the last update; although the trend was still downward, it
was not reason enough to think the current projections were off base. He advised Finance Director
Kathleen Junglov would provide a monthly update to the Finance Committee next Tuesday. He provided
the Council a handout with the current forecasts.
Council President Wilson asked Mayor Haakenson to describe the labor cuts that totaled $600,000.
Mayor Haakenson explained each of the labor groups agreed to 3-5% pay decreases. The non -represented
employees volunteered nine furlough days for the reminder of 2009. The SEIU agreed to nine furlough
days. The Teamsters agreed to nine furlough days but are still working out the details. Because it is
extremely difficult for the Police and Fire Unions to take furlough days and would require someone
taking a furlough day to be backfilled with overtime, they agreed to give up the holiday buyback program
which totals approximately $200,000 for each union.
Council President Wilson recalled there had been demands by Councilmembers and citizens for the City's
employees to give back. He expressed his appreciation to the City's employees for the votes they took to
help the City during these difficult times. He recognized the employees did not agree to those pay cuts to
support the flower program or to put new carpet in Council Chambers but to keep the lights on and the
doors open. He commented on the difficult time Snohomish County was having with their labor unions,
noting in Edmonds, Mayor Haakenson asked and the unions and non -represented employees gave back.
He requested Mayor Haakenson invite each union and a member of the non -represented employees to
speak to the Council on April 21 when the Citizens Levy Review Committee will make their presentation
to the Council.
Mayor Haakenson referred to Council President Wilson's comment that the employees agreed to pay cuts
to keep the lights on and the doors open, clarifying the employees agreed to pay cuts and furloughs to
avoid losing jobs.
Edmonds City Council Approved Minutes
April 7, 2009
Page 8
Packet Page 16 of 33
of items to be included in the levy and a list of starting point cuts should the levy fail. If there were items
in the levy request that the Council was uncomfortable with, he anticipated they would simply be
removed by the Council or other items added.
With regard to a title or a name for the levy, staff deferred to the Council's wisdom. Any levy proposal
taken to the voters should accurately and completely detail what voters are getting with a yes vote and
that voters should have a good understanding of what is at stake if the levy fails. He pointed out it could
easily be assumed that if voters were asked to reinstate certain budgeted items, a levy failure would most
likely mean the continued loss of those services.
The likelihood of suggested budget cuts today being the same budget cuts six months from now, should
the levy fail, was very high but not a certainty. The Council will make the final decision following the
levy vote. Should the levy fail, he assumed City Departments will remain at 2009 levels, underfunded
and understaffed.
He explained significant adjustments had been made to the 2009-2010 budget allowing the City to survive
this year's budget deficit. Many of those adjustments will not be available in 2010 should the levy fail.
Programmatic cuts made in March to the parks department and police department would not be reinstated
to the 2010 budget should the levy fail. Therefore the return of Yost Pool, Parks Maintenance, Crime
Prevention, DARE and other similar programs would be highly unlikely. Furloughs and other labor
givebacks that saved the city from layoffs will not be possible in 2010. He expected many positions
would be eliminated from every department in the City.
He explained it may be easier to consider the deficit the City would face if the levy were to fail. The
current forecast shows a surplus in 2010 due to the measures put in place this year and three other
changes. He pointed out any budget cuts had a residual effect on future years. The City would quickly
drop off to a $750,000 balance in 2011 and then over a million dollar deficit in 2012 with the following
years spiraling downward.
The 2010 forecast does not include any furloughs, wage concessions, or layoffs and does include all the
budgeted items that were cut for 2009. It includes the Development Services Director position open until
the results of the levy vote are known or building activity increases. Staff believes the City can go
another year without funding the vehicle replacement fund from the general fund and the projection
includes revenue from red light camera fines, an item on tonight's agenda. A loss of that projected
revenue would equate to a similar reduction in the ending cash balance for year end 2010.
He noted all the Parks and Police programs that were cut in 2009 were back in the 2010 budget and would
remain if the levy passed. Conversely, should the levy fail, they would once again be eliminated from the
budget. If the levy fails, an orderly budget process will begin to make many of the same cuts that were
made in 2009 plus additional layoffs, the only alternative to survive 2011. Budget year 2012 will see a
much bigger reduction in work force; fewer employees will result in a loss of services and programs.
The Citizen Levy Review Committee did their work predicated on a levy amount of $4.3 million. The
dollar amount the Council selected in their resolution, $3.75 million, will allow the City's financial
picture to stabilize until budget cycle 2015-2016 at which time the same pattern of deficit occurs.
The Mayor recalled Council chose to include in the levy dollars a cash infusion to the ending balance
fund. He suggested Council consider placing a high and low lid on that fund and if those amounts were
reached, certain predetermined actions will take place. He estimated a cash infusion from the levy of $2.2
million into the ending cash balance fund.
Edmonds City Council Approved Minutes
June 16, 2009
Page 11
Packet Page 17 of 33
Council President Wilson commented the course of moving toward a levy has been a lengthy one,
beginning in October with the creation of a revenue work group, the Council's unanimous decision in
November to include a budget note that a levy would be placed on the ballot in fall 2009 knowing that it
was a terrible economic climate, the Council's affirmation in February of a timeline that culminated with
a levy this fall, the formation of the Citizens Levy Review Committee, and presentations from the CLRC
that unanimously supported a fall levy. He agreed the Council needed to discuss
consolidation/contracting with Fire District One, anticipating the Council would not complete discussions
regarding fire consolidation before the July 28 deadline to place the levy on the November ballot. He
summarized there was not a great deal of time to preempt the levy decision and suggested they be
considered in parallel tracks.
Councilmember Orvis agreed with Councilmembers Plunkett and Wambolt that the Council needed more
information regarding fire consolidation before moving forward with the levy.
Councilmember Plunkett asked whether the adjustments Mayor Haakenson made to the budget recently
gave him more confidence that the City could get through 2010. Mayor Haakenson responded as a result
of severe actions such as budget cuts and City employees taking furloughs, dollars saved in 2009 had an
accumulative effect in 2010 which improved the ending cash balance for 2010.
Councilmember Peterson agreed with the suggestion to discuss the levy and fire consolidation on parallel
tracks. With the new information regarding fire consolidation, he was open to considering a levy this
year or next year. Whether the levy was this year or next, the City still had very serious revenue issues.
If the Council chose not to place a levy on the ballot this year, it must be for the right reasons.
Council President Wilson commented he had hoped the Council would reach a preferred levy option at
the next Council meeting with a final decision on July 21. He suggested a presentation and discussion on
the Fire District One contracting at the July 7 meeting. Mayor Haakenson advised staff was meeting with
Fire District One on June 25 and could have information to present to the Council by the July 7 meeting.
Councilmember Plunkett expressed his preference to wait until after the fire consolidation
presentation/discussion to make a decision regarding the levy.
Councilmember Wambolt agreed with Councilmember Plunkett, commenting fire consolidation was not
necessary to delay the levy until 2010. Council President Wilson pointed out although there was an
adequate ending cash balance into 2010, delaying the levy means there was no Development Services
Director, a short-staffed City Clerk's Office, and no clear plan to fund Yost Pool.
Mayor Haakenson pointed out a levy was needed; whether it was in November 2009 or in 2010 was up to
the Council. A levy was needed even if the city contracted for fire services with Fire District One; those
were two separate issues. He did not anticipate a substantial increase in building activity that would
require hiring a Development Services Director in the near future. With regard to Yost Pool, staff intends
to issues a RFP this summer to identify parties interested in operating Yost Pool via a public/private
partnership. He expressed concern the Council would shortchange themselves if they waited until July 21
to discuss the levy proposal and make a final decision July 28. He suggested discussing the levy proposal
at next week's meeting including what items would be included in the levy, the levy title, etc.
Alternatively he suggested the Council discuss at next week's meeting whether to proceed with a levy this
year or delay it until next year.
Councilmember Wambolt agreed with Mayor Haakenson's suggestion to discuss at next week's meeting
whether to proceed with a levy this year.
Edmonds City Council Approved Minutes
June 16, 2009
Page 15
Packet Page 18 of 33
Mr. Yarberry reviewed a comparison of building permit revenues 2005-2010 (YTD and estimate) and a
comparison of single family permits 2006-2010 YTD. He reviewed proposed changes in the 2011
Development Services budget:
• Reductions
o Administration — reduced supplies: ($4,700)
o Building — reduced professional services, repairs/maintenance: ($67,800)
o Planning — reduced professional Services: ($20,000)
• One time addition
o Planning — Professional Services UW Study: $31,550
Councilmember Plunkett inquired about the savings in the Administration line of the Development
Services 2010 budget. Mr. Chave advised the majority of the savings was the Development Services
Director salary and benefits; there were also savings in professional services. He advised the 2011 budget
includes the Development Services Director position. Mayor Cooper explained his plan was to discuss
advertising for that position with staff within the next month. The last recruitment effort did not result in a
candidate that was acceptable to the former Mayor. Councilmember Plunkett suggested Mayor Cooper
first confer with the Council regarding whether they wanted to fund that position.
Councilmember Plunkett inquired about contracting out permitting. Mr. Chave answered Planning
experimented with contracting with professional consultants during the period of high permit activity and
found it was more expensive. Hiring temporary planning assistance during the peak period cost less than
half the cost of contracting. Mr. Yarberry responded contracting out permitting was a model that some
cities utilized and many of the standard building code inspections could be done in that manner. The
difficulty in contracting for those services was obtaining the same level of service for review of items
specific to Edmonds such as setbacks, height, etc. If the Council chose to use that model, the fees likely
would need to be adjusted.
Councilmember Plunkett acknowledged the graph illustrated the number of employees has tracked with
the population, relaying a question that is often asked, why the City has not laid off staff in the
Development Services Department during this recession. Mr. Chave answered staffing was never
increased during recent peaks in development activity. Staff worked very hard to keep up during that time
and it was very stressful. He concluded the department was now staffed appropriately.
Councilmember Plunkett asked whether the Department was charging as much as it could. Mr. Chave
answered it was time to do a thorough analysis of the City's fees. The City has done a good job
recovering building fees but there is a great deal of room left. Planning fees legislatively have been kept
somewhat lower. Councilmember Plunkett commented Seattle's expenses are covered by fees. Mr. Chave
explained some services are not covered by fees such as public information, compliance with GMA, etc.
Councilmember Plunkett suggested the cost of a building permit should cover the cost. Mr. Chave agreed,
noting the policy has been to achieve close to 100% recovery. To maintain that recovery over time, the
fees may need to be increased especially for building permits, planning permits, etc. Councilmember
Plunkett asked whether an analysis of the fees could be completed in time for the upcoming budget. Mr.
Chave did not think so.
Councilmember Buckshnis advised the Citizens Levy Committee was reviewing the City's overall use of
consultants. She inquired about the $350,000 for professional services for Development Services in the
budget book. Mr. Chave answered Planning's professional services include Hearing Examiner and a
professional minute taker for several Boards and Commissions. The Administration professional services
budget is quite small.
Edmonds City Council Approved Minutes
August 31, 2010
Page 13
Packet Page 19 of 33
committee or they could proceed to the end of the process and then decide they do not want to participate. The
planning committee plans to meet in March. He explained Kent had an intensive 2-year planning process prior
to placing the RFA on the ballot as well as a 6-month outreach/public education process before the vote
occurred. Because it is a 2-3 year process, the RFA discussions are not competing with the current discussions
regarding a levy. He acknowledged a RFA would result in a tax increase but the City would no longer be
spending General Fund money for fire protection and it would save the City's budget approximately $3.2
million/year. He advised Councilmembers Wilson, Petso and he are participating on the RFA planning
committee.
Discussion continued regarding definition of a region (at least two jurisdictions with contiguous boundaries),
State law regarding formation of a RFA, guarantees that individual cities could request, equivalent tax rate of
jurisdictions, cities and districts interested in participating in the planning committee, ability to have an advisory
vote prior to the ballot measure, and FD1's consideration of a contractual consolidation with FD7.
DIRECTORS' REPORTS (Con't)
City Clerk
As City Clerk Sandy Chase is on vacation, Mayor Cooper suggested Councilmembers review the information in
the PowerPoint slides, and direct any questions to Ms. Chase.
Human Resources
Human Resources Director Debi Humann explained the Human Resources Department consists of Human
Resources Assistant Mary Ann Hardie and herself. She briefly reviewed their backgrounds, education, and
certifications. She described the Human Resources Department's responsibilities, summarizing she and Ms.
Hardie are involved in all aspects of Human Resources from hiring to resignation/retirement/termination.
Ms. Humann reviewed statistics since 2004 for L&I (workman's compensation), Family Medical Leave, and
costs associated with the Disability Board (LEOFF 1). She emphasized the minimal staffing in Edmonds makes
it difficult for staff to get their work done; this is particularly challenging in Human Resources with only two
staff members. She provided a comparison of FTE to Human Resources staff in Edmonds and other cities.
Ms. Humann reviewed 2011 Work Priorities/Opportunities:
• Complete Hearing Examiner process
• Assist Council with City Attorney process
• Public Defender contract
• Update City job descriptions (WCIA mandate)
• Update City policies (WCIA mandate)
• Recruitment for Development Services Director
• Transition to new medical plans
• Compensation Consultant process
• Partner with PD on Corporal Assessment Center
• LEOFF 1 records issues
• Completion of union negotiations
• Create job descriptions for new positions and negotiate with unions
Ms. Humann reviewed 2011 projects that may not be completed:
• Citywide accident prevention plan (OSHA requirement)
• Website update
• Emergency Operations Committee (EOC)
Edmonds City Council Retreat Approved Minutes
February 4-5, 2011
Page 8
Packet Page 20 of 33
Roger Hertrich, Edmonds, commented since Mayor Cooper arrived, there had not been any reductions
in staff. He cited an example in the Planning and Building Department where two inspectors compete in
the field because there are too many personnel and not enough work. He relayed comments from a
developer who found it very confusing to have two inspectors on a project. He suggested Mayor Cooper
reduce labor as a way to trim the budget as much as possible to avoid a levy. He suggested the TBD
Board pursue funding for roads. He inquired about the status of the City's finances, commenting he was
uncomfortable with increasing taxes until he knew more about the City's financial situation.
Al Rutledge, Edmonds, suggested bringing in special events to generate revenue, citing the opening of
Lynnwood Recreation Center. He suggested the City purchase Al Dyke's property and construct an
entertainment center that would attract visitors and generate revenue. He suggested the answer may be a
new pool in Edmonds.
Councilmember Bernheim asked Mayor Cooper to comment on allegations that Development Services is
over staffed and how he justified the $1.5 million paid in salaries and benefits to the 16 employees. Mayor
Cooper explained the FTE in that department had been stable even during the boom years; staff was not
added in that department during the boom years and the City received a lot of complaints about long lines
and delays. Previous Councils and the Mayor did not reduce staffing because staff had not been added
during the boom years. For at least the last 11/2 years the Council and Mayor made a conscious decision
not to fill the Development Services Director position, resulting in salary savings for a job that pays in
excess of $120,000/year.
Councilmember Bernheim asked Mayor Cooper to comment on the current workload of employees in the
Development Services Department; how the City was benefiting from their work if they are not
processing applications for new development. Mayor Cooper offered to confer with Mr. Clifton regarding
the number of FTEs in the department during the boom years and now and the workloads of each
individual. During preparation of the 2011 budget, a decision was made to present a budget that left the
Development Services Director position vacant for part of 2011 rather than reduce staffing elsewhere in
the department. A code rewrite is needed and perhaps some reorganization is warranted to get that work
done. He was uncertain the result would be fewer FTEs; it may result in employees doing different work.
Councilmember Buckshnis inquired about the timeline for hiring a new Finance Director and possibly
changing from an Administrative Assistant to a second Finance Director to assist with providing accurate
and timely financials. Mayor Cooper responded the application period for a Finance Director closes
Friday, April 29. On Monday, May 2, he will begin reviewing applications with the Human Resources
Director and other staff members. They will narrow down the applicants and begin the interview process.
If there is a pool of qualified applicants, his goal is to have the Council interview three finalists in time to
make a decision in late May/early June. With regard to an Administrative Assistant, once a new Finance
Director is hired, a holistic look will be given to reorganization. He has discussed reorganization citywide
with other Directors.
Councilmember Wilson advised the former Development Services Director Duane Bowman left April 1,
2008; the position has been vacant for over 3 years. In response to Mr. Wambolt, Councilmember Wilson
explained Councilmember Buckshnis and he via the Public Safety & Human Resources Committee have
been reviewing employee benefits at the direction of the City Council. It is not the Council's
responsibility to renegotiate contracts with labor organizations and soliciting furloughs is the Mayor's
responsibility. The Council's responsibility is the policy. Both Councilmember Buckshnis and he are up
for re-election this year and he noted there was no political benefit to reviewing employee benefits. He
pointed out many people, including possibly Mr. Wambolt, supported a $3.75 million levy a few years
ago. The Mayor's proposal and the Council's discussions are clearly sensitive to the current economy. He
agreed the financials were frustrating to everyone, but regardless of whether they were off by 5% or 10%,
the City has a revenue problem not an expense problem.
Edmonds City Council Approved Minutes
April 26, 2011
Page 10
Packet Page 21 of 33
2. Reduced capabilities for code revisions
3. Status quo permit system, service and fee structure
Councilmember Buckshnis observed the Development Services 2009, 2010 and 2011 budgets included
approximately $173,000 for this position. Mr. Yarberry advised the funds had been budgeted and not
used. Councilmember Buckshnis asked whether the Council could authorize not filling the position.
Mayor Cooper advised the Council could decline to budget for the FIFE in the 2012 budget. He pointed
out although the position had not been filled, some of the monies have been spent. Mr. Clifton explained
some of the salary savings were spent on the Five Corners and Westgate plans and the Strategic Plan.
Ms. Humann advised three postings have been done to fill the Development Services Director position
but the responses have not resulted in an acceptable applicant.
Councilmember Buckshnis questioned whether the position needed to be filled. She expressed her
preference for budgeting in the appropriate category rather than transferring from a "salary slush fund."
Mayor Cooper advised the Council approved funding for the Five Corners and Westgate Plans and the
Strategic Plan during the budget process using the salary savings. His preliminary budget will have a
recommendation regarding funding for this position.
Councilmember Petso inquired about the other unfilled positions. Mayor Cooper listed the vacancies
covered by his hiring freeze, advising the positions are included in the 2012 projection:
Development Services Director — 1
Police Officer — 1
Permit Coordinator — 1
Custodian —1
Clerk's Office — 1
Seasonal Parks — 2
Councilmember Wilson asked whether it would be appropriate to combine Economic Development and
Community Services into Development Services. With regard to code revisions, he suggested utilizing the
City Attorney's office.
Public Works
Public Works Director Phil Williams provided the following information:
• Projected 2012 Expenditure Budget: $3,040,367
• 2% Reduction $ 60,807
Account
2012 Projected
2012 Projected
Proposed (Reductions)/
Expenses
Revenue
Revenue Increases
Salaries & Benefits (leave one
$1,762,107
($61,100)
one custodial position vacant)
Professional Services —
$5,000
($ 5,000)
Engineering
Minor Equipment —
$3,100
($ 2,150)
Engineering
Miscellaneous - Engineering
$9,600
($ 4,320)
Overtime
$5,000
($ 1,673)
Total Budget
Reduction/Increase Revenue
$74,243 (2.44%)
Edmonds City Council Approved Minutes
September 6, 2011
Page 12
Packet Page 22 of 33
07-09-13 Finance Committee Minutes, Page 2
F. Authorization to Contract with James G. Murphy to Sell Surplus City Vehicles
Mr. Williams reported this is a police seizure vehicle, a 1994 Ford Explorer. Funds from the sale of the
will be placed in the 511 fund.
Action: Schedule on Consent Agenda.
G. May 2013 Monthly Financial Report
Mr. Neumaier reviewed the May 2013 Monthly Financial Report, explaining the City is on track to
achieve the budget and slightly exceed revenues. A more thorough presentation will be made at the
time of the quarterly financial report. In response to a question regarding the negative YTD trend in
gas utility tax, he offered to review prior years' trends and email Finance Committee members.
Action: Schedule on Consent Agenda.
E. Discussion Regarding Budget Amendment to Fund the Development Services Director
Position.
Mr. Neumaier relayed Councilmember Bloom's request to fund the Development Services Director
position. He reviewed the history of the Development Services Director position and options for
funding the position. Anticipating there may be other items Councilmembers want funded in the 2014
budget, Mr. Neumaier encouraged the Council to make priority decisions as part of the 2014 budget.
Mayor Earling explained he met with Councilmember Bloom to discuss her interest in funding the
Development Services Director position. Funding that position now would cost $140,000-150,000, he
preferred not to obligate those funds this late in the year but would consider it along with other
potential staff additions in the 2014 budget. He anticipated a preliminary budget with revenue and
expense projections would be available in 2-3 months.
Councilmember Yamamoto recommended this be discussed by the Public Safety & Personnel
Committee. Councilmember Fraley-Monillas recommended discussion with the full Council.
Action: Schedule for Public Safety & Personnel Committee.
I. Park Impact Fee
Ms. Hite provided an update regarding park impact fees. Mayor Earling vetoed the park impact fee
ordinance; the primary concern was change of use, assessing commercial park impact fees at a
different rate for retail versus office. The City Attorney has determined from an RCW that exempting
change of use is not legal. Staff has worked with the City Attorney and consultant to draft an
ordinance that will apply park impact fee to both resident and commercial; commercial will be defined
in two categories, manufacturing and office/retail. Under the new ordinance, a park impact fee would
only be assessed on new construction; a change of use would not be assessed a park impact fee.
Action: Scheduled for full Council on July 23.
H. Public Comments
Bruce Witenberg, Edmonds, referred to a miscellaneous salary expense in the amount of $33,000
and over $58,000 in attorney fees, costs and pre -imposed judgment interest payable to the law firm of
Frank Freed Subit & Thomas that were approved on the June 25 Consent Agenda. No information
was provided in the agenda memo. He expressed concern with the lack of transparency and said the
Council owes the public a televised explanation regarding the expenditures and why attorney fees
exceed the miscellaneous salary expense. Councilmember Fraley-Monillas advised the City Attorney
will respond.
Ron Wambolt, Edmonds, echoed Mr. Witenberg's concerns. He pointed out the May 2013 Financial
Report does not have projections.
Councilmember Yamamoto indicated he would reach out to the city attorney to find out how much
information can be released.
Adjournment —The meeting adjourned at 6:51 p.m.
Packet Page 23 of 33
M E M O R A N D U M
Date:
July 3, 2013
To:
Edmonds City Council Finance Committee
From:
Roger Neumaier, Finance Director
Subject:
Development Services Director Position Information
A Councilmember has proposed that the Development Services Director be funded within the General Fund. The position
is currently filled with an acting appointment. I have been asked two questions to which this memo responds.
Question #1: If Council decides to fund the Development Services Director position, what alternatives for Funding Exist?
Available alternatives for funding the position in the General fund include:
1) Using fund balance.
2) Reducing expenditures elsewhere to achieve funding.
3) Updating revenue projections to create new revenue that can be used to fund the position.
In this instance, each of these alternatives could be utilized.
Question #2: What is the history of the Development Services Director Position since vacancy in 2009?
The Development Services Director position was included in the 2009, 2010 and 2011 budgets.
The Salary Budget for 2010 was $292,327.
The Salary Budget for 2011 was $283,421.
Actual Dollars expended for 2011 were $138,622.
The 2010 and 2011 budgets were under -expended for salaries in this area. On page 114 of the 2011 budget,
under the Development Services Administration narrative, it states: "Development Services Administration
consists of the Director, two part-time Administrative Assistants and the Code Enforcement Officer."
The 2012 Budget narrative (page 112) states: "Development Services Administration consists of the Director, two
part time Administrative Assistants and the Code Enforcement Officer". I believe that this statement was an
oversight error because the Salary Budget for 2012 was $152,794.
The Salary Budget for 2013 was $148,131. In the narrative (page 112), it states "Development Services
Administration consists of the Director (vacant and not budgeted other than for acting pay), two part time
Administrative Assistants and the Code Enforcement Officer". This states the situation that is the case in 2013
and was the case in 2012.
So, the change in budgeting staffing occurred during budget development in 2012.
I would be pleased to respond to any follow up questions at the Finance Committee Meeting on July 91"
City of Edmonds
Finance Department
Packet Page 24 of 33
Director in place to coordinate it. The position was left vacant to save funds needed during crisis times;
that is no longer the case and the Council can budget and hire a responsible director. He questioned how
the staff could enjoy working there without a director in charge.
Roger Hertrich, Edmonds, commented Council meetings have become boring because the Council
continues to discuss the same thing, Harbor Square. The Council has discussed Harbor Square 13 times,
plus discussion by the Planning Board and the Port. The Port withdrew their application and he suggested
the Council get on with valuable business instead of boring the public.
5. AUTHORIZE THE MAYOR TO SIGN A CONDITIONAL SETTLEMENT AGREEMENT &
RELEASE WITH GRAY & OSBORNE, INC.
Mr. Williams referred to the Haines Wharf Park and 75`"/76th Walkway project that resulted in
improvements as well as difficulties getting the improvements delivered including a protracted
conversation with the contractor, Precision Earthworks. Some of Precision's concerns were related to
design documents, claims that they were not accurate or did not depict actual conditions in the field. Gray
& Osborne was the design firm the City hired to design the park and the walkway. Gray & Osborne
helped the City work with Precision to deflect and defend claims throughout the settlement process. When
that concluded earlier this year, the City began a conversation with Gray & Osborne to reach a consensus
on errors that were made and their impact on the City's project and the finances. He recommended
approval of the proposed settlement agreement with Gray & Osborne for a total of $60,000 of which
$35,000 is a cash payment from Gray & Osborne to the City and $25,000 is design services provided to
the City at no cost during the settlement process with Precision.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETERSON,
TO AUTHORIZE THE MAYOR TO SIGN A CONDITIONAL SETTLEMENT AGREEMENT
WITH GRAY & OSBORNE, INC. MOTION CARRIED UNANIMOUSLY.
6. EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT BOARD REQUEST TO
AMEND CITY CODE SECTION 3.75.120 - EXTEND DEADLINE FOR SUBMITTING ANNUAL
WORK PROGRAMS AND BUDGETS.
(Councilmember Yamamoto joined the Council meeting via telephone.)
Community Services/Economic Development Director Stephen Clifton explained the Edmonds
Downtown Business Improvement District (EDBID) is requesting the submittal deadline for their 2013
work program and budget be changed from September 1 to October 31 and all subsequent annual
submittal deadlines be changed from September 1 to October 1. He relayed Finance Director Roger
Neumaier's indication that would be workable with regard to the budget. He relayed City Attorney Jeff
Taraday's suggestion that to address the request to change the date from September 1 to October 31 this
year, the Council delete September and insert October in ECDC Section 3.75.120 and add a sentence at
the end, "unless otherwise agreed to by the City Council."
COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS,
TO CHANGE THE 2013 DATE TO OCTOBER 31 AND AUTHORIZE THE CITY ATTORNEY
TO PREPARE AN ORDINANCE AMENDING CITY CODE SECTION 3.75.120. MOTION
CARRIED UNANIMOUSLY.
7. AUTHORIZATION TO RECRUIT FOR DEVELOPMENT SERVICES DIRECTOR
Councilmember Bloom provided a history of the position:
• Position vacated end of April 2009
• Two searches to locate a qualified Development Services Director were unsuccessful
Edmonds City Council Draft Minutes
August 6, 2013
Page 3
Packet Page 25 of 33
• Planning Manager Rob Chave appointed Acting Development Services Director on March 6,
2012
• Mr. Chave's appointment renewed in 2013
She relayed Mr. Chave is doing a very good job but she imagined doing two full-time jobs, one of which
is supervising himself, is very difficult. The position has been vacated long enough that it has done
damage to the operation of the Development Services Department. She acknowledged she missed the fact
that the position was not budgeted in the 2013 budget. She relayed Mayor Earling's indication that he
made a conscious decision not to present the position as a decision package in the 2013 budget. She
concluded this oversight continues to put excessive burden on Mr. Chave and does a disservice to the
Development Services Department, employee's workloads and citizens.
Councilmember Bloom explained the Development Services Director is a City officer position, a position
that requires the Mayor present three qualified candidates to the Council for interview and approval of the
final candidate. That process is not required for appointment of an acting director; Mr. Chave has been in
the position of Acting Development Services Director longer than the code intends.
Councilmember Bloom requested the Council consider passing a resolution to begin recruitment for a
Development Services Director position as soon as possible. Anticipating it will take a long time to find a
qualified director, she felt it important to begin the search as soon as possible.
Council President Petso asked if a resolution was required to begin the process of recruiting for a position
or could the Council authorize the Mayor to begin the recruitment process. City Attorney Jeff Taraday
answered there currently is no Development Services Director position in the budget. If the Council
wanted that recruitment to begin, the Council could ask the Mayor to begin recruitment. He was uncertain
the Mayor would be under any obligation to begin the recruitment because there is no position budgeted
and the Mayor, as the Chief Executive Officer of the City, controls hiring decisions subject to
appointment. The fact that the Council has confirmation authority of the position does not require the
Mayor to begin a recruitment process when there is no budgeted position. Council President Petso asked
if a resolution was required or could the Council do it by motion. Mr. Taraday said that did not matter.
Council President Petso observed it appeared the position had been previously advertised and a decision
made not to hire. She asked whether there was a downside to initiating recruitment now and then ceasing
recruitment if a decision was made during budget deliberations not to reauthorize the position. Mr.
Taraday advised commencing a recruitment process did not obligate the City to hire someone.
Councilmember Buckshnis pointed out in the private sector, directors are promoted from within. The
Acting Director has been in the position for a long time. She relayed Planning Commissioner Val
Stewart's request that if the Acting Director applied for the position, consideration be given to the
importance of the historical knowledge of the code, policies and past events along with the skill set and
combined experience. Councilmember Buckshnis noted Mr. Chave is highly respected by other cities who
participate in Snohomish County Tomorrow. She acknowledged the importance of the Acting Director's
knowledge and suggested hiring consultants during busy periods.
Councilmember Yamamoto questioned what damage had been done to the department or the community
by not having a permanent Development Services Director in place. He agreed Mr. Chave is doing a very
good job and suggested placing him into the position of permanent Development Services Director.
Councilmember Yamamoto also cited the cost of a search process. He questioned what could be gained
by an outside search, commenting Mr. Chave has a great deal of ability, experience and knowledge.
Edmonds City Council Draft Minutes
August 6, 2013
Page 4
Packet Page 26 of 33
Councilmember Fraley-Monillas commented the decision is to fill the Development Services Director
position and the job requirements; the Council has no role in deciding whether Mr. Chave is selected as
that is the Mayor's decision.
Councilmember Peterson expressed concern with the timing of this item, preferring it be discussed during
budget deliberations. To Council President Petso's question about beginning recruiting and then stopping
if the position was not authorized during budget deliberations, he commented there may not be any legal
issue but from a professional perspective it would bode poorly for the City in future recruitment for this
position or other director positions. After the Mayor presents the budget, the Council can make changes to
the budget including authorizing this position. He summarized including the position in the budget is the
first step; recruiting without a funded position is not a wise course of business action. He agreed filling
the position may take a long time but he questioned who will apply if the position is not funded.
In response to Councilmember Yamamoto's question about what damage has been done to the
department, Councilmember Bloom explained Mr. Chave stepped into the position of Acting
Development Services Director after three years without any leadership in the department. The
Development Services Director oversees five chapters of code and she assumed many things were not
being done when no one was accountable for overseeing the code. She summarized the damage had been
done before Mr. Chave was appointed Acting Development Services Director and no one could have
corrected the damage caused by that lack of leadership.
Councilmember Bloom suggested correcting the damage by beginning to recruit for the position now,
relaying her preference that the position had been budgeted for 2013 and that recruitment had begun
earlier this year. To Councilmember Fraley-Monillas' comment that it is the Mayor's decision,
Councilmember Bloom read from the code regarding city officer positions, "the City Council shall
interview the top three candidates for each position prior to the Mayor's final selection provided that the
Council may waive the three interview requirement by motion and may opt to interview as few as one
candidate for any vacant position. The Mayor's appointments to all other employee positions shall not be
subject to City Council confirmation." She noted the Public Safety & Personnel Committee (comprised of
Councilmember Peterson and she) are considering amendments to this code section. She clarified not only
does the Council interview candidates for all city officer positions, the Council approves the Mayor's
appointment and reviews all job descriptions prior to filling the position. She summarized the Council has
a very active role in the Development Services Director position.
Councilmember Bloom agreed with Councilmember Peterson's concern regarding the timing,
commenting the right time was during the last budget cycle. The amendments the Public Safety &
Personnel Committee is considering include how acting officer positions are appointed and approved and
the length of time before a search is initiated.
Councilmember Fraley-Monillas advised the Mayor makes the ultimate selection of officers as was done
most recently in the selection of the Finance Director; the Mayor presented two candidates and the Mayor
made the decision to hire one of them. She referred to comments made during Audience Comments
regarding the need for a Development Services Director to address issues that range from stormwater to
assigning job tasks. She agreed with Councilmember Peterson that when recruitment begins, there should
be a general idea of whether the position will be filled. A search process requires a great deal of time and
money for the Human Resources Department. The cost is unknown as a decision has not yet been made
whether the Director position will be an added position or take the place of another position.
Councilmember Johnson relayed that the Finance Committee recommended this proposal be sent to the
Public Safety and Personnel Committee. She agreed that would be a prudent first step in preparing for the
budget decision.
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Councilmember Buckshnis said the three years without an Acting Director was due to the actions of
previous mayors, not Mayor Earling. If a decision is made to fund the position, she suggested Mayor
Earling promote from within.
Council President Petso clarified the Finance Committee was split; one Councilmember wanted to refer it
to the Public Safety and Personnel Committee and the other wanted it brought to full Council. She made a
decision to present it to the full Council for discussion of whether to proceed as Councilmember Bloom
proposed, refer it to Public Safety and Personnel Committee or defer it to the budget process.
Council President Petso agreed when/if the Council authorizes the process, the Council does not need to
state whether to promote from within or conduct a search. The position would be opened to applicants
from within and outside the City and the Mayor will select the candidates for Council to interview. She
suggested the Council focus on how to proceed, whether to forward it to committee, wait for the budget
process or begin advertising the position with the expectation that will help fill the position sooner.
Councilmember Peterson preferred to delay further discussion until budget deliberations. He did not want
to consider funding this position without considering funding of other positions such as a police officer or
funding other cuts that were made. He was aware the Development Services Director position was not
funded in the 2013 budget and although he was not happy about it, he was not happy with many of the
other cuts that were made but necessary. The appropriate place to consider this position was during
budget deliberations when staff and services can be considered as a whole.
Based on her reading of the code which requires the Mayor present the top three candidates for interview
by the Council, Councilmember Bloom did not feel this was a position that the Mayor can promote from
within. She understood the inclination for delaying until budget deliberations but that assumed the
Development Services Director position would not be funded and she could not fathom that the
Development Services Director position would not be funded. The code states an acting director cannot
be in a position on an ongoing basis. She agreed the Public Safety & Personnel Committee could review
the job description and the cost of a recruitment process and estimate the time to conduct a search, etc. to
provide additional information for the budget process. Even if a process was initiated this year, she felt it
unlikely the position would be filled by the end of 2013. She recommended referring the matter to the
Public Safety and Personnel Committee and returning to the Council with additional information.
Councilmember Yamamoto, a member of the Finance Committee, relayed his supported for forwarding
this to the Public Safety and Personnel Committee.
Councilmember Buckshnis disagreed with referring it to the Public Safety and Personnel Committee as
she viewed this as a finance issue. If a Councilmember feels strongly about filling the position, it should
be done via a budget amendment which is reviewed by the Finance Committee. She recalled funding for
previous director positions was reviewed by the Finance Committee.
Councilmember Fraley-Monillas agreed with Councilmember Buckshnis, noting the Human Resources
Department has the job description, costs, etc. The Finance Committee could review a budget amendment
to fill the position sooner than the 2014 budget, but she preferred to discuss the position as part of the
2014 budget.
Councilmember Bloom commented another pending item is the rewrite of Chapter 2 which discusses
acting director and officer positions and how they are filled. That is on the Public Safety and Personnel
Committee's agenda and the committee could address this position at the same time.
Council President Petso suggested scheduling it on both the Finance Committee and the Public Safety &
Personnel Committee's agenda, with each committee addressing relevant aspects of the proposal.
Mayor Earling explained, at his request, Planning, Building and Engineering staff have been discussing
how to be more user friendly, more productive, and make better decisions. For example the three
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divisions did not previously meet on a regular basis to discuss projects; they do now. A group of staff
members have held 12 meetings over the last 7-8 months to develop a series of recommendations.
Mayor Earling distributed information that includes a memorandum from him with his recommendations,
a memo from Mr. Williams regarding the process and a matrix with tasks, purpose/general information,
and status. A series of improvements have been made by Planning, Building and Engineering in the past
several months to improve the flow of work. There is a sense of camaraderie, working together and
understanding of their common mission. At the forefront of that has been Rob Chave. Mr. Chave has
done a fabulous job in his role as Acting Development Services Director. With the quality of Mr. Chave's
work and interdisciplinary cooperation, Mayor Earling recommended a direct appointment of Mr. Chave
as permanent Development Services Director. Mr. Chave is comfortable taking on the director position as
well as a fair amount of the Planning Manager role.
Mayor Earling relayed his recommendation also includes establishing a new position for Kernen Lien to
assume a portion of the Planning Manager's work. Mr. Lien is comfortable and enthusiastic about the
opportunity to explore a new responsibility. He provided the following cost comparison:
Mayor's Recommendation
• Salary increase costs: $23,000 - $27,000
(includes benefits)
• Total cost: $23,000 - $27,000
Newly Created Director Position
• Salary & benefits costs: $184,000
• Search costs: $20,000
• Total cost: $204,000
Mayor Earling explained initial projections indicate there may be an additional $600,000 for allocation;
the $204,000 cost of a newly created director position would substantially reduce that amount. He
explained his preliminary 2014 budget will include some one-time costs such as security issues in the IT
department at a cost of $50,000 - $70,000. Mayor Earling reiterated Mr. Chave and Mr. Lien have done
and will continue to do fabulous work. He looked forward to their direct appointments.
Councilmember Fraley-Monillas asked when Mayor Earling wanted the Council to approve/disapprove
his proposal. Mayor Earling preferred to move it along as expeditiously as possible such as September or
October. Because of the lower dollar amount, it would have considerably less impact on the budget.
Councilmember Buckshnis asked how the senior planner's workload would be addressed. She noted Leif
Bjorback had done a great job in the Building Official position. Mayor Earling responded Mr. Chave is
comfortable with assuming the director position and a portion of the planning manager. Mr. Lien is
comfortable with assuming a small amount of the planning manager's duties. In addition, a planner who
was on maternity leave returned two weeks ago. Due to increased workloads, he likely will propose
utilizing contract staff on an as -needed basis in the amount of $20,000 - $30,000. That will be included as
part of the 2014 budget.
COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO
REFER THIS TO THE PUBLIC SAFETY AND PERSONNEL COMMITTEE AND THE
FINANCE COMMITTEE FOR CONSIDERATION IN LIGHT OF THE NEW INFORMATION
THAT HAS BEEN PROVIDED BY MAYOR EARLING THIS EVENING. MOTION CARRIED
UNANIMOUSLY.
8. POTENTIAL ACTION REGARDING A PROPOSED INTERIM ORDINANCE / CRITICAL
AREAS 'ALLOWED ACTIVITIES' PROVISIONS
Senior Planner Kernen Lien explained the critical area regulations are not completely consistent with the
Best Available Science (BAS) report that was prepared as part of the Critical Areas Ordinance (CAO)
update in 2004, particularly in regard to allowed activities. Allowed activities are activities that can occur
within a critical area or critical area buffer. Allowed activities can be conditioned, but must use best
management practices and must not degrade associated critical area. Examples include utility
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City of
EDMONDS
Washington
DEVELOPMENT SERVICES DIRECTOR
Department:
Development Services
Pay Grade:
NR-20
Bargaining Unit:
Non Represented
FLSA Status:
Exempt
Revised Date:
November 2012
Reports To:
Mayor
POSITION PURPOSE: Under administrative direction, directs and administers the planning, organizing,
controlling and directing the operations and activities of the Development Services Department including
Building and Planning functions. Supervises and evaluates the performance of assigned personnel.
Responsible for all functions related to review of proposed development activities. Directors are responsible for
the operations of the departments and may delegate signing authority except as limited by the provisions of
Edmonds City Code or state or federal law.
ESSENTIAL FUNCTIONS AND RESPONSIBILITIES:
The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all
employees in this classification, only a representative summary of the primary duties and responsibilities.
Incumbent(s) may not be required to perform all duties listed and may be required to perform additional,
position -specific duties.
• Directs Department operations to maintain effective and efficient programs; ensure compliance and
accountability with Federal, State and local regulations, policies and procedures.
• Plans, directs, coordinates, monitors and reviews the work of assigned staff ensuring that services and
work products meet quality and safety standards; assigns work activities and coordinates schedules,
projects and program.
• Supervises, coaches, trains and motivates staff; coordinates and/or provides staff training.
• Provides constructive feedback to staff, reviews and evaluates work and makes effective suggestions
and recommendations.
• Directs the Department employment and hiring process and employee relations.
• Manages the workflow and prioritization of projects and measures the performance of the Department
and all related staff and takes appropriate corrective action when necessary.
• Develops, administers, maintains and oversees the Departmental budget including: the annual or bi-
annual budget, outside funding, revenues, assists with the Capital Improvement Program and Capital
Facilities Program.
• Makes recommendations and forecasts for future funds needed for staffing, equipment, materials and
supplies; recommends efficiencies to keep costs within established financial guidelines; approves
Departmental expenditures and implements adjustments.
• Provides advice and coaching to staff; develops work plans for staff.
• Implements and / or recommends corrective actions, discipline and termination procedures as
appropriate / necessary.
• Develops action plans and metrics analyzing operational results and ensures the effective allocation
and utilization of resources.
Development Services Director November 2012
Packet Page 30 of 33
JOB DESCRIPTION
Development Services Director
• Serves as staff on a variety of boards, commissions and committees and prepares and presents staff
reports and other necessary correspondence.
• Develops action plans and metrics; analyzes operational results and assures the effective allocation and
utilization of resources.
• Attends and participates in professional group meetings maintaining awareness of new trends and
developments in the fields related to area of assignment; incorporates new developments as
appropriate and ensures processes, policies and practices are interpreted and applied consistently and
effectively.
• Oversees the preparation and maintenance of a variety of reports, records and files related to assigned
activities; prepare and maintain records and reports related to budgets, plans progress, personnel and
related activities.
• Provides leadership and knowledge on emergency response/emergency operations and recovery
activities.
• Participates in special assignments or projects as required and as priorities are set by the City Council
or Mayor; researches complex issues to specific initiatives; plans, develops and reviews technology
improvements and initiatives at the department and city level; collaborates with other departments and
IT.
• At the direction of the Mayor, work with Council to provide thorough information, analysis, pros/cons,
consequences, options and recommendations for Council to make informed decisions.
• Develops implementation schedules, approaches and strategies; may present plans, projects, code
amendments and historical and regulatory reviews to boards, commissions and City Council; may also
present similar concepts to other city staff in order to coordinate and/or provide education on specific
topics.
• At the direction of the Mayor, works with Council to provide thorough information, analysis, pros/cons,
consequences and options on specific topics; and recommendations for Council to make informed
decisions.
• Plans, organizes and directs a variety of programs, projects and activities related to the Development
Services Department including Building and Planning.
• Oversees private development and long-range planning activities and assists in the implementation of
the City's Capital Improvement Program as directed.
• Establishes customer services programs to assure that citizens achieve their objectives in the most
timely and efficient manner.
• Provides technical expertise, information and assistance to the Mayor regarding assigned functions;
assists as needed in the formulation and development.
• Plans, organizes and implements long and short-term programs and activities designed to develop
assigned facilities and services.
• Directs the preparation and maintenance of a variety of narrative and statistical routine and non -routine
reports, records and files related to assigned activities and personnel.
• Communicates with other administrators, various City departments, city staff, outside organizations and
contractors to coordinate activities and programs, resolve issues and conflicts and exchange
information.
• Develops and prepares the annual preliminary budget for Development Services; analyzes and review
budgetary and financial data and control and authorize expenditures in accordance with established
limitations.
• Assists with related communications and public relations; attends and conducts a variety of meetings as
assigned; attends and makes presentations at City Council meetings; represents the City with outside
agencies and private parties; facilitates review of public concerns and inquiries, and maintains
documentation of such. (Log complaints and resolutions)
• Fulfills roles and responsibilities on the EOC team as assigned by the Mayor.
• Perform related duties as assigned by Mayor.
• Acts as SEPA official.
• Continually reviews and makes recommendations for Development code updates.
Development Services Director
Packet Page 31 of 33
November 2012
JOB DESCRIPTION
Development Services Director
Required Knowledge of:
• City organization, operations, policies and procedures.
• Planning, organization and direction of the Development Services Department including Building and
Planning functions.
• Building, Engineering, and Planning Functions.
• Principles and practices of governmental budget preparation and administration.
• Structure, organization and interrelationships of city departments, agencies and related governmental
agencies and offices affecting assigned functions.
• Federal, state, and local laws, rules and regulations related to assigned activities and programs relevant
to assigned functions.
• Effective oral and written communication principles and practices.
• Program/project management techniques and principles.
• Research methods and report preparation and presentation.
• Modern office procedures, methods, and equipment including computers and computer applications
such as: word processing, spreadsheets, and statistical databases.
• English usage, spelling, grammar and punctuation.
• Principles of business letter writing.
• Advanced principles and practices of governmental budget preparation and administration.
• Supervisory and training principles, best management practices, methods and techniques.
• Contract negotiation and administration. Administrative program / project management techniques and
principles.
Required Skill in:
• Interpreting and applying applicable federal, state and local rules and regulations; administering City
and departmental policies and procedures sufficient to administer, discuss, resolve and explain them.
• Planning, organizing, controlling and directing the activities and operations of Development Services of
the City including Building and Planning functions.
• Performing policy analysis, including development of alternatives, cost/benefit and other types of
decision analysis.
• Administering program goals and objectives; implementing initiatives and recommendations in support
of department and City goals.
• Utilizing personal computer software programs and other relevant software affecting assigned work and
in compiling and preparing spreadsheets.
• Analyzing situations accurately and determining an effective course of action; preparing reports
including providing and analysis and recommendation and/or options as requested by the Mayor to
Council.
• Meeting schedules and time lines and working independently with little direction.
• Establishing and maintaining effective working relationships with staff, management, vendors, outside
agencies, community groups and the general public.
• Maintaining confidentiality and communicating with tact and diplomacy.
• Applying program/project management techniques and principles.
• Developing and monitoring departmental and program/project operating budgets, costs and schedules.
• Communicating effectively verbally and in writing, including public relations and public speaking.
• Supervising, leading, coaching and using best management practices to improve staff performance;
delegating tasks and workload assignments.
Development Services Director
Packet Page 32 of 33
November 2012
JOB DESCRIPTION
Development Services Director
MINIMUM QUALIFICATIONS:
Education and Experience:
Bachelor's Degree in public administration, engineering, planning or related field and seven years of experience
with four years of increasingly responsible management experience in the administration of City planning or
building functions. Master's Degree or AIC or PE preferred.
Required Licenses or Certifications:
Valid State of Washington Driver's License.
Must be able to successfully complete and pass a background check.
WORKING CONDITIONS:
Environment:
• Office environment.
• Constant interruptions.
Physical Abilities
• Hearing, speaking or otherwise communicating to exchange information in person or on the phone.
• Operating a computer keyboard and other office equipment.
• Reading and understanding a variety of materials.
• Sitting or otherwise remaining in a stationary position for extended periods of time.
• Bending at the waist, reaching above shoulder or horizontally or otherwise positioning oneself to
accomplish tasks.
• Walking or otherwise moving to inspect sites.
• Ability to wear appropriate personal protective equipment based on required City Policy.
Hazards:
• Contact with potentially angry and/or dissatisfied customers.
Incumbent Signature:
Department Head:
Date:
Date:
Development Services Director
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November 2012