2024-01-02 Council Packet2
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OF BbMG
ti Agenda
Edmonds City Council
1,00
REGULAR MEETING
COUNCIL CHAMBERS
250 5TH AVE NORTH, EDMONDS, WA 98020
JANUARY 2, 2024, 7:00 PM
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"WE ACKNOWLEDGE THE ORIGINAL INHABITANTS OF THIS PLACE, THE SDOHOBSH (SNOHOMISH)
PEOPLE AND THEIR SUCCESSORS THE TULALIP TRIBES, WHO SINCE TIME IMMEMORIAL HAVE
HUNTED, FISHED, GATHERED, AND TAKEN CARE OF THESE LANDS. WE RESPECT THEIR
SOVEREIGNTY, THEIR RIGHT TO SELF-DETERMINATION, AND WE HONOR THEIR SACRED SPIRITUAL
CONNECTION WITH THE LAND AND WATER. - CITY COUNCIL LAND ACKNOWLEDGMENT
CALL TO ORDER/FLAG SALUTE
LAND ACKNOWLEDGEMENT
ADMINISTRATION OF OATH OF OFFICE FOR NEWLY ELECTED OFFICIALS
ROLL CALL
APPROVAL OF THE AGENDA
AUDIENCE COMMENTS
Edmonds City Council Agenda
January 2, 2024
Page 1
THIS IS AN OPPORTUNITY TO COMMENT REGARDING ANY MATTER NOT LISTED ON THE
AGENDA AS CLOSED RECORD REVIEW OR AS A PUBLIC HEARING. SPEAKERS ARE LIMITED TO
THREE MINUTES. PLEASE STATE CLEARLY YOUR NAME AND CITY OF RESIDENCE.
7. RECEIVED FOR FILING
1. Claim for Damages for filing (0 min)
2. Written Public Comments (0 min)
8. APPROVAL OF THE CONSENT AGENDA
1. Approval of Special Meeting/Council Tour Minutes December 1, 2023
2. Approval of Council Committee Meeting Minutes December 12, 2023
3. Approval of Special Meeting Minutes December 19, 2023
4. Approval of Regular Meeting Minutes December 19, 2023
S. Approval of Special Meeting Minutes December 27, 2023
6. Approval of payroll and benefit checks, direct deposit and wire payments.
7. Approval of claim checks and wire payments.
8. 2024 Legislative Agenda
9. COUNCIL BUSINESS
1. Selection of Council President and Council President Pro Tern for 2024 (10 min)
2. Resolution Appointing an Edmonds Representative to Participate in the Community Transit
Board Composition Review and Selection Process (5 min)
3. Ordinance Establishing Authorized Employee Positions and Pay Ranges (20 min)
4. Public Defense Contract Amendment (30 min)
5. Port of Edmonds North Portwalk & Seawall Reconstruction Project Request for Letter of
Support (25 min)
10. MAYOR'S COMMENTS
11. COUNCIL COMMENTS
ADJOURNMENT 10:00 PM
Edmonds City Council Agenda
January 2, 2024
Page 2
7.1
City Council Agenda Item
Meeting Date: 01/2/2024
Claim for Damages for filing
Staff Lead: NA
Department: Administrative Services
Preparer: Marissa Cain
Background/History
N/A
Staff Recommendation
Acknowledge receipt of Claims for Damages for filing.
Narrative
Jill Massa
1011 Carol Way
($21,430.02)
Attachments:
Claim for damages - Massa - for council
Packet Pg. 3
7.1.a
CITY OF EDMONDS DEC 18 2023
CLAIM FOR DAMAGES FORM
Date Claim Form
Received by City
Please take note that J/ L— L S 'v/ -S who currently resides at
mailing address
home phone # wcck.Pk►erte #, _ _ and who resided at
at the time of We LA urrence and whose date of birth is�, is claiming damages
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against CfPV O E6"a Nbs in the sum of $ 2, 11 y30• arising out of the following circumstances listed below.
DATE OF OCCURRENCE: f /i� 12, 0.Z3 TIME: A P?ROX 47 �
T f4
LOCATION OF OCCURRENCE: / 0I l C,4 RO L VJr y IF!! my N S vJA . j L" E
DESCRIPTION: p
1. Describe the conduct and circumstance that brought about the injury or damage. Also describe the injury. or damage. a
Sic iQ7";,aC,49='I� CoESCRr erltin! A.NN 110C j4AJ �jiNl t ow1 U
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(attach an extra sheet for additional information, if needed) p
2. Provide a list of witnesses, if applicable, to the occurrence including names, addresses, and phone numbers. N
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3. Attach copies of all documentation relating to expenses, injuries, losses, and/or estimates for repair.
4. Have you submitted a claim for damages to your insurance company? Yes No
If so, please provide the name of the insurance company:
and the policy #:
License Plate #
Type Auto: _
* * ADDITIONAL INFORMATION REQUIRED FOR AUTOMOBILE CLAIMS ONLY * *
Driver License #
(year) (make) (model)
DRIVER: OWNER:
Address: Address:
Phone#: Phone#:
Passengers:
Name: Name:
Address: Address:
Form Revised 04/09/2021
Page I of
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7.1.a
This Claim form must be signed by the Claimant, a person holding a written power of attorney from the Claimant, by the
attorney in fact for the Claimant, by an attorney admitted to practice in Washington State on the Claimant's behalf, or by a
court -approved guardian or guardian ad litem on behalf of the Claimant.
declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct.
/.23
Signature of Claimani Date and place (residential address, city a d county)
Or
Signature of Representative Date and place (residential address, city and county)
Print Name of Representative Bar Number (if applicable)
Please present the completed claim form to: City Clerk's Office
City of Edmonds
121 51h Avenue North
Edmonds, WA, 98020
8:00 a.m. to 4:30 p.m.
Form Revised 04/09/2021
Page 2 of 2
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7.1.a
December 17th 2023
City of Edmonds
Attn: City Clerks Office
1215th Ave N Edmonds, WA 98020
To whom it may concern,
On November 4, 2023, the lower level of my home and garage at 1011 Carol Way were flooded by a city -
installed and maintained stormwater system that failed and directed flows to my property, causing this
damage. The flood waters emanated from a city -installed and maintained catch basin (CB-8-619) and
pipe system receiving flows from Hindley Creek (pipe-1936). The culvert (pipe-1936) had a blockage,
resulting in a backwatered condition. The flows were directed upstream to CB 8-619 through pipe
(1937), resulting in the stream flows of Hindley Creek being directed up and out of catch basin 8-619.
The water flowed out of the catch basin at a very high rate Westward along the curb and gutter on the
North side of Carol Way. It quickly overtopped the curb at the top of my driveway apron, sending flows
down my driveway and flooding the garage and basement of my home. Water was as much as 6" high in
some areas of the home, and remediation of the water -damaged area of the home was essential. I have
included additional documentation, including photos of the event and invoicing from Pure Dry
Restoration company, documenting the damages and subsequent remediation costs totaling over
$20,000. This initial invoicing is only for the water damage remediation costs and does not include the
additional costs of reconstruction, which have not yet taken place.
Sincerely,
I- - - -.1 1.
�iH M ssa �ome6wner)1
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7.2
City Council Agenda Item
Meeting Date: 01/2/2024
Written Public Comments
Staff Lead: City Council
Department: City Council
Preparer: Beckie Peterson
Background/History
N/A
Staff Recommendation
Acknowledge receipt of written public comments.
Narrative
Public comments submitted to the web form for public comments
<https://www.edmondswa.gov/publiccomment>
between December 13, 2023 and December 27, 2023.
Attachments:
Public Comment January 2, 2024
Packet Pg. 7
Edmonds City Council Public Comment —January 2, 2024
7.2.a
Online Form 2023-12-19 04:51 PM(MST) was submitted by Guest on 12/19/2023 6:51:37 PM (GMT-
07:00) US/Arizona
Name Value
FirstName Marisa
LastName Schreckengost
Email
CityOfResidence Edmonds
AgendaTopic Edmonds Waterfront Center Catering
As an Edmonds resident, my fiance and I were looking to have our reception at the
Edmonds Waterfront Center as we both have grown up in the area and loved the view
the center has. The EDWC has only one caterer, Shooby Doo Catering that quoted us
18k for 100 people on top of the fee for renting the venue. This is $180 per person
which is astronomical to other local caterers. Because of this, we chose not to have
Comments our wedding here. There are other city community centers such as Mukilteo that allow
people to pick their own caterer, but have a list of preferred caterers with more than
one option so it's not a monopoly. Currently, this is running as a local monopoly, and
the pricing out locals to have events. I'm not sure who in Edmonds can afford that? It
was disheartening to us to realize as Edmonds residents, we cannot have our wedding
reception there and we're priced out. I would urge city council to consider changing
this policy to allow other vendors that are local to the area.
Online Form 2023-12-27 10:10 AM(MST) was submitted by Guest on 12/27/2023 12:10:02 PM (GMT-
07:00) US/Arizona
Name Value
FirstName Kathy
LastName Wong
Email
CityOfResidence Edmonds
AgendaTopic Train horns
Comments What happened to the Quiet Zone for BNR trains. They've been very loud now for a
couple weeks all hours of the day and night. Did something change?
Packet Pg. 8
8.1
City Council Agenda Item
Meeting Date: 01/2/2024
Approval of Special Meeting/Council Tour Minutes December 1, 2023
Staff Lead: Council
Department: City Clerk's Office
Preparer: Scott Passey
Background/History
N/A
Recommendation
Approval of Council Meeting minutes as part of the Consent Agenda.
Narrative
Council meeting minutes are attached.
Attachments:
20231201 Special Meeting - Tour
Packet Pg. 9
8.1.a
EDMONDS CITY COUNCIL
SPECIAL MEETING
SUMMARY MINUTES
December 1, 2023
ELECTED OFFICIALS PRESENT
Neil Tibbott, Council President
Vivian Olson, Councilmember
Susan Paine, Councilmember
Jenna Nand, Councilmember
FEDERAL WAY STAFF PRESENTING
STAFF PRESENT
Susan McLaughlin, Planning & Dev. Dir.
Todd Tatum, Comm./Culture/Econ. Dev. Dir.
Jeff Levy, Senior Planner
Matt Roewe, Roewe Works
FEDERAL WAY ELECTED OFFICIALS
Keith Niven, Community Development Director PRESENT
Chaney Skadsen, Senior Planner Jim Ferrell, Mayor
Tanja Carter, Economic Development Director Linda Kochmar, Council President
Susan Honda, Deputy Mayor
Lydia Assefa-Dawson, Councilmember
1. CALL TO ORDER
The Edmonds City Council meeting was called to order at 10:00 a.m. by Neil Tibbott in the Performing
Arts & Events Center, 2nd Floor Conference Room, 31510 Pete von Reichbauer Way, Federal Way, 98003.
2. DISCUSSION WITH CITY OF FEDERAL WAY STAFF ABOUT THE TC-3 PROJECT
Introduction:
This site visit was designed to allow Councilmembers to talk with staff from other cities which have gone,
or are going through, the process of developing properties which they own. This offsite was also an
opportunity to see the developments for ourselves. The purpose was to improve our collective
understanding of the process, risks, opportunities, and outcomes from these activities. Three sites were
chosen for the tour: Federal Way, Tukwila, and Burien. Federal Way was the only city which involved
interaction with that city's staff. The visits to Burien and Tukwila were designed to allow Councilmembers
time to see a completed development.
Federal Way Presentation:
Director Niven and Ms. Skadsen gave city officials a presentation on the background of the Town Center
(TC) purchases, including the history and vision for the properties. A summary of these topics can be found
here: https://engagefw.com/downtown#town-center---master-development-plan-3
Director McLaughlin asked about their approach to zoning changes related to urban growth. Ms. Skadsen
discussed their use of an economist to inform their choices when developers don't often have comparables
to judge feasibility.
Federal Way Councilmembers discussed the differing feelings in the community about multifamily
housing, and how that discussion has changed over time in the community.
Edmonds City Council Draft
Meeting Summary
Page 1
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Director Niven discussed their creation of a subcommittee of councilmembers which met to discuss
development, with the goal of improving the collective understanding of how developers make decisions
and how that impacts the city.
Director Tanja Carter discussed the importance of working with property owners, activating spaces,
working with the Department of Commerce and their business incubator, and the importance of the vision
in making a successful development effort.
Director Niven discussed the site plan, and development vision. He discussed the phasing and construction
lead times, gave a high-level overview of the development agreement process and some of their
considerations.
Councilmember Paine asked about Crime Prevention Through Environmental Design and if that played a
role in their thinking. There was discussion amongst the two city's staffs about the importance of having
eyes on public spaces and how these types of developments encourage this.
Councilmember Olson asked about what other approaches the staff have seen used in the past. Director
Niven discussed his experience in Issaquah and their creation of complementary nodes as the city grew.
Edmonds staff asked about their experience in investigating Tax Increment Financing, FW staff gave an
overview of their process.
A discussion followed of private property redevelopments around the TC properties which may be
encouraged by the investment in the TC properties.
Susan McLaughlin asked about public perception when the city first bought the properties. Mayor Ferrell
discussed the process of buying the TC-3 property and the community's reaction to the rapid acquisition.
The discussion convened at approximately 12:00p.m. After discussion amongst the Edmonds Participants,
it was decided to forego the visit to Burien and focus on the Tukwila Village site.
Cam\ 1:1IR :1]eI
With no further business, the Council meeting was adjourned at approximately 12:00p.m.
Staff and Councilmembers left Federal Way at approximately 12:30 and travelled to Tukwila Village. The a
two vehicles parked in different areas of the site and took a self -guided tour, staying with their vehicle a
groups of two Councilmembers apiece. All members of the parties returned to Edmonds at approximately
2:00p.m. c
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Page 2
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8.2
City Council Agenda Item
Meeting Date: 01/2/2024
Approval of Council Committee Meeting Minutes December 12, 2023
Staff Lead: Council
Department: City Clerk's Office
Preparer: Scott Passey
Background/History
N/A
Recommendation
Approval of Council Committee Meeting minutes as part of the Consent Agenda.
Narrative
The Council Committee meeting minutes are attached.
Attachments:
20231212 PSPHSP Committee
20231212 Finance Committee
Packet Pg. 12
PUBLIC SAFETY, PLANNING, HUMAN SERVICES & PERSONNEL
COMMITTEE MEETING
December 12, 2023
Elected Officials Present Staff Present
Councilmember Vivian Olson (Chair) Michelle Bennett, Police Chief
Councilmember Jenna Nand Aaron Greenmun, Police Corporal
Councilmember Chris Eck Jessica Neill Hoyson, HR Director
Councilmember Susan Paine Jeff Taraday, City Attorney
Scott Passey, City Clerk
1. CALL TO ORDER
The Edmonds City Council PSPHSP Committee meeting was called to order virtually and in the City
Council Conference Room, 121 — 5` Avenue North, Edmonds, at 3:30 pm by Councilmember Olson.
2. COMMITTEE BUSINESS
1. Taser 10 Contract and Quote
Corporal Greenmun, taser master instructor and the Edmonds Police Department's lead less lethal
instructor, explained the police department has an exciting opportunity to update their less lethal
electronic weapons to Taser 10. He presented regarding the safety of taser weapons including lives
saved (293,014), uses in the field (5,426,194) and no serious injury incidents (99.75, voluntary officer
exposures (52% of current agency members), and his own experience being voluntarily tased. He
reviewed:
Taser 7 (T7)
• History
o EPD was the first LE agency in Washington to adopt T7 and one of the first in the nation
o Also the first agency to utilize "tilt -select" feature in the country, allowing officers to select
cartridge being deployed on the contacted subject
• T7 benefits
o Dual laser with day -glow green and alternating red based on activated cartridge
o Close -quarters cartridge (12' probe spread) to address lack of probe spread at most common
deployment distances
o Better probe flight velocity and design
• Decision to adopt T7
o 52% historical success rate with Taser X26 applications in the field
o De-escalation feature of T7 (warning arc)
o Desire to embrace emerging technologies to better de-escalate tense encounters in the field
• Costs
o Subscription -based sales model meant we now paid:
■ Per officer and per year (POPY)
• Considerations
o We didn't know how good of a deal we were getting at the time because we had no "peers"
to compare with when we signed. We find ourselves in a similar situation now
• T7 cost: $465.26 POPY, Y1 (trade-in)
• Then: $794.16 POPY, Y2-Y5 (57 officers)
• Findings
o 52% effective rate of pervious generation taser only improved 2% to 54% effectiveness with
T7
o Master Instructor forum showed similar results across the county. Inherent design flaw with
T7 (and all previous tasers) discussed: the human brain is incapable of focusing on two
Packet Pg. 13
8.2.a
12/12/23 PSPHSP Committee Minutes, Page 2
target areas simultaneously. This meant that there was a foundational failure inherent in the
weapon when on considered human performance factors
o The unanimous (but not without controversy) recommendation was to switch to a single -
probe -per deployment weapon since overcoming the human performance issue wasn't
realistic
Taser 10 MO)
• Improvements
o Single probe deployment. This is the most noteworthy change in this platform from the c
perspective of your lead trainer N
0 10-probes versus 4. Nine follow-up probes by the weapon to ensure that probes are better
targeted by the operator
0 45-foot effective range: 80% improvement over T7 allows for better use of time and distance E
to decrease the likelihood of lethal force outcome of force encounters
o Improve velocity and accuracy results in 90% of trail users reporting greater confidence with o
T10 versus T7 1
• Considerations
o T7 contract is expiring and doesn't cover new officer position additions since 2018
o Dramatic inflation since 2018 means costs are greater now than they were when negotiating
T7
• Costs
o Annual cost with current bid for T10 for 76 officers:
■ $948.36 POPY; a 19.4% increase
o Cost of new T7 contract
■ $951.53 POPY
• Recommendations
o This bid expires on December 15
o I strongly recommend signing this bid
o First payment would be due in January
o This includes a $25k trade-in for our current weapons
• Cost Analysis:
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2021 22 2024 2025 2020
Total 5-year savings to agency with Taser 10: $1,204.55
Packet Pg. 14
8.2.a
12/12/23 PSPHSP Committee Minutes, Page 3
• Why now?
Trade-in
2023 Price with
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• Summary
o As the agency's lead less lethal instruction, Corporal Greenmun strongly recommended
signing the now -multiple -extensions -granted contract as it represents a good balance of
value for the agency and improvement in the less lethal offerings to the team and mission.
Questions and discussion followed regarding how tasers were paid for in the past, inclusion of the taser
equipment subscription in the 2024 budget at the previous level but not the increase for T10, funding
sources for T10, use of revenue from school zone camera tickets, less lethal force options, training on
less lethal force, use of tasers on medically fragile populations, weapon confusion, public interest in use
of force, introducing a decision package using a portion of the remaining $250,000 ARPA funds, small
businesses that have been effected by increases in crime, invitation for councilmembers to participate
in the Police Department Citizens Academy, funding this on an ongoing basis, funding the contract as
a first quarter budget amendment, and the legislature's ban 2 years ago on most of the less lethal
platforms other than taser.
Questions and discussion continued regarding approving the contract in 2023 and paying for it in 2024,
cost difference between T7 and T10, what is included in the T7 subscription, impact of allowing the T7
contract to expire, advantages of T10, taser failure rates, whether T7 could be retained through 2024,
T10 providing a taser for all commissioned and non-commissioned officers, importance of non-
commissioned officers having a taser, increased cost of waiting until 2025, whether there are funds in
the police department budget for the new T10 contract, potentially using salary savings to fund T10,
whether ARPA funds could be used, budgeting for T10 in the future, issues associated with police
department vacancies and/or halting hiring, difficulty determining the number of police department
vacancies, overtime costs to cover vacancies, and impacts on staff of working overtime.
Committee recommendation: Full council agenda on December 19
2. Introduction of Policy Related to Vacant City Employment Positions
Mr. Taraday explained he drafted this ordinance at the council president's request. Due to limited time
remaining in the meeting, he offered skip an introduction and proceed to Q&A.
Ms. Neill Hoyson advising after reading through the proposed ordinance, she was concerned it would
create long delays and result in HR being unable to effectively fill positions. She recognized there was
an issue with the General Fund budget, but the ordinance affects all positions, not just General Fund
positions. There is currently a hiring freeze in place for General Fund positions; the department's
justification for filling a General Fund position is reviewed by the mayor and the mayor approves/denies
HR proceeding with recruitment. She met with Mayor -Elect Rosen today and he intends to continue the
hiring freeze and the mechanism for review.
Questions and discussion followed regarding separating out General Fund positions, opportunity for
council to make a case to the mayor about their concerns, deleting the requirement for confirmation by
council, importance of making the council aware, logistical and administrative burdens crest
Packet Pg. 15
8.2.a
12/12/23 PSPHSP Committee Minutes, Page 4
ordinance, council's consideration of reducing the mayor and directors' contracting authority, Mayor -
Elect Rosen's intent to be very communitive and collaborative with council regarding hiring, creating a
position schedule (positions and number of FTEs allocated to each classification), and ability for council
to amend the position schedule to reduce FTEs thereby removing the administration's authority to fill
positions.
Questions and discussion continued regarding impact of delays on police recruitment, identifying critical
positions that would be exempt from the proposed process such as commissioned police officers,
impact of hiring delays on permitting and parks, shortening the 10 day notification to 48 hours, adopting
an operating agreement versus an ordinance, and the reason this was drafted as ordinance (council's
confirmation power can only be imposed via ordinance).
Committee recommendation: Mr. Taraday and Ms. Neil Hoyson use input from committee meeting to
rework the ordinance and return to committee for review.
3. ADJOURN
The meeting was adjourned at 4:30 p.m.
Packet Pg. 16
8.2.b
FINANCE COMMITTEE MEETING
December 12, 2023
Elected Officials Present
Councilmember Will Chen (Chair)
Councilmember Susan Paine
Council President Neil Tibbott (ex-officio)
Councilmember Jenna Nand
Councilmember Chris Eck
Councilmember Vivian Olson
CALL TO ORDER
Staff Present
Dave Turley, Administrative Services Director
Scott Passey, City Clerk
The Edmonds City Council Finance Committee meeting was called to order virtually and in the City
Council Conference Room, 121 — 5` Avenue North, Edmonds, at 4:31 pm by Councilmember Chen.
COMMITTEE BUSINESS
1. 2023 December Budget Amendment Ordinance
Mr. Turley reviewed the 4th quarter budget amendments. If approved, revenues would change by
$503,898 and expenses would change by $582,734. Only $13,140 affects the General Fund. He
reviewed the three decision package
1. Street Fund (111) is projected to end the year with a negative fund balance due to revenues not
coming in as expected. This decision package is to transfer $400,000 in REET into Fund 111.
REET is a legal use for street maintenance; in the past the request would likely have been to
transfer funds from the General Fund. This unanticipated transfer will require reevaluation of
REET expenditures in 2024.
2. Parks purchased three pieces of equipment that they request be added to the Equipment Rental
Fund and a B-Fund Replacement Fund be established. The equipment includes a Conservation
Seeder, a John Deer Terrain -Cut Mower and a John Deer Gator. The purchases were initially
made from the General Fund but staff is requesting the budget and expenditure be moved from
the General Fund to the Equipment Rental Fund. The B-Fund will be established next year
during the budget process. The life expectancy of these pieces is approximately 10 years.
3. Computer equipment is required for the additional police vehicles approved and purchased in
2023 as take home vehicles. The equipment includes computer, docking station and printer per
vehicle. The approved decision packages prepared by the Police Department did not include
budget for this equipment; $13,140 in interfund rental is to cover future replacement.
Questions and discussion followed regarding whether REET funds are entirely used every year, how
the amount to transfer from REET to the Street Fund was determined, purpose of the B-Fund, whether
the police take home vehicles are scheduled in the B-Fund, effect of budget amendments on the
beginning fund balance, when the ending fund balance is finalized, beginning and ending fund balance
are estimates until audited, whether the previous year's ending balance becomes the following year's
beginning balance, and possibility that revenues and expenses can change until finalized by the audit.
Committee recommendation: Consent Agenda
Council President Tibbott observed the estimated 2023 ending fund balance is under $500,000. A
resolution will be prepared for council review and action regarding use of General Fund operating
reserves and he asked if a resolution should be prepared regarding use of the contingency reserves.
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8.2.b
12/12/23 Finance Committee Minutes, Page 2
Mr. Turley did not anticipate it would be necessary to use contingency reserves, but having a resolution
prepared would not be harmful. Council President Tibbott advised he may ask the city attorney to
prepare such a resolution.
3. ADJOURN
The meeting was adjourned at 4:54 p.m.
Packet Pg. 18
8.3
City Council Agenda Item
Meeting Date: 01/2/2024
Approval of Special Meeting Minutes December 19, 2023
Staff Lead: Council
Department: City Clerk's Office
Preparer: Scott Passey
Background/History
N/A
Recommendation
Approval of Council Meeting minutes as part of the Consent Agenda.
Narrative
Council meeting minutes are attached.
Attachments:
20231219 Special Meeting
Packet Pg. 19
8.3.a
EDMONDS CITY COUNCIL
SPECIAL MEETING
DRAFT MINUTES
December 19, 2023
ELECTED OFFICIALS PRESENT
Vivian Olson, Mayor Pro Tem
Susan Paine, Councilmember
Chris Eck, Councilmember
Jenna Nand, Councilmember
ELECTED OFFICIALS ABSENT
Mike Nelson, Mayor
Neil Tibbott, Council President
Will Chen, Councilmember
Diane Buckshnis, Councilmember
1. CALL TO ORDER
STAFF PRESENT
Carolyn LeFave, Executive Assistant to the Mayor
Scott Passey, City Clerk
Jerrie Bevington, Camera Operator
The Edmonds City Council meeting was called to order at 6:20 pm by Council President Pro Tern Olson in
the Council Chambers, 250 5t1i Avenue North, Edmonds, and virtually.
2. COUNCIL BUSINESS
1. INTERVIEW B&C CANDIDATE FOR APPOINTMENT
Councilmembers interviewed Alex Hutchinson, builder representative, for appointment to the Architectural
Design Board (ADB) (responses in italics):
I'm a 3-year resident of Edmonds, my wife works at Community Health Center, my son attends daycare in
Edmonds, and I take the train from Edmonds to downtown Seattle every day. Friends visiting from out of
town often ask if people come here on vacation, and I say they should. I love living here. My background is
an urban planner and real estate developer and I have experience working around the country as a
consultant and working for local government and real estate developers in Seattle. I have been able to work
in rural and suburban communities and big cities with multidisciplinary teams that include architects,
builders, historic preservationists, land use planners, etc. I am able to bring a wide skill set to my career
and I would like to be able to do that in the city where I live so it continues to be a great place where
everyone loves to live, work and visit. I'm excited to have this opportunity to serve on the ADB and to learn
from our neighbors and help steward an appropriate land use and development pattern in Edmonds.
Councilmember Nand referred to the national discussion especially amongst the congressional democrats
regarding home ownership opportunities for middle and working class and how decoupling that from Wall
Street profit motives is something they are considered regulating. She asked what he thought could be done
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at the city level to increase homeownership opportunities for the middle and working classes. My experience
as an affordable housing developer was mostly on the rental side and I know a lot about multifamily and
the financing implications of building that type of building stock. I'm well versed and know a lot of the
partners that Edmonds could work with in pursuing homeownership opportunity. It would be interesting to
learn about and furthering the city's efforts. Whether that is the Washington Housing Finance Commission
or Department of Commerce, there are a number of programs that could help further efforts related to
homeownership opportunities. Housing of all types and all levels of affordability are needed. Right now is
a very challenging time due to interest rates and limited housing stock.
Councilmember Paine asked how long he has been working as a builder in Washington. I moved to
Washington in January 2020 and have worked for two affordable housing developers in Washington, one
was a non-profit and now I'm working for a for profit developer based in the Pacific NW with properties
in Washington, Alaksa, Mountana and Idaho, who owns and operates their buildings and has a very high
standard for quality in how buildings operate and how they are built. An important viewpoint I can bring
to the ADB is that affordable housing developers have very limited resources, a lot of constraints and a lot
of direction from financing sources and other resources. Being able to work with local developers who are
trying to get projects done as well as understanding the local community's considerations and how those
interplay will be an interesting vantage point my experience can bring.
Councilmember Paine said she was impressed he was an active member in the Urban Land Institute,
something she was familiar with through friends who live in Washington D.C. She was glad he applied and
looked forward to hearing about all the great things he does on the ADB. The ADB has a very interesting
charter and his talents will be well served there.
Councilmember Eck said she was very impressed with his background. She asked how he stays current on
what is working elsewhere in the country and how he would bring that to the ADB. Having worked in
Washington D. C. and Baltimore and then serving as a consultant based in Washington D. C. took me all
over the country; I've seen a lot of different places early in my career and understand different cities'
challenges. For example, Baltimore and Washington D.C. are 40 miles apart, but have very different
economies and backgrounds. I stay current by reading articles, attending conferences, and working with
the Urban Land Institute and other national nonprofits that do this type of work. There is always so much
to learn; having a background as an urban planner, whenever I visit somewhere, I see things through a
different lens.
Council President Pro Tern Olson expressed appreciation for a comment in his application, "I'm dedicated
to ensuring as Edmonds evolves it does so in a way that honors and preserves its distinctive character." She
thanked him for bringing that perspective; everyone loves Edmonds and that gives her confidence and
excitement to have someone who shares that join the ADB.
Council President Pro Tern Olson advised approval of his appointment to the ADB is on the Consent
Agenda of tonight's regular meeting.
Mayor Pro Tern Olson declared a brief recess to await the next interview. The meeting was reconvened at
6:44 p.m. as there was not another applicant to interview.
3. ADJOURN
With no further business, the Council meeting was adjourned at 6:44 pm.
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8.4
City Council Agenda Item
Meeting Date: 01/2/2024
Approval of Regular Meeting Minutes December 19, 2023
Staff Lead: Council
Department: City Clerk's Office
Preparer: Scott Passey
Background/History
N/A
Recommendation
Approval of Council Meeting minutes as part of the Consent Agenda.
Narrative
Council meeting minutes are attached.
Attachments:
20231219 Regular Meeting
Packet Pg. 22
8.4.a
EDMONDS CITY COUNCIL MEETING
DRAFT MINUTES
December 19, 2023
ELECTED OFFICIALS PRESENT
Vivian Olson, Mayor Pro Tem
Susan Paine, Councilmember
Diane Buckshnis, Councilmember
Chris Eck, Councilmember
Jenna Nand, Councilmember
ELECTED OFFICIALS ABSENT
Mike Nelson, Mayor
Neil Tibbott, Council President
Will Chen, Councilmember
1. CALL TO ORDER/FLAG SALUTE
STAFF PRESENT
Michelle Bennett, Police Chief
Rod Sniffen, Assistant Police Chief
Aaron Greenmun, Police Corporal
Todd Tatum, Comm., Culture & Econ. Dev. Dir
Mike Clugston, Senior Planner
Rose Haas, Planner
Jeff Taraday, City Attorney
Scott Passey, City Clerk
Jerrie Bevington, Camera Operator
The Edmonds City Council meeting was called to order at 7 pm by Mayor Pro Tern Olson in the Council
Chambers, 250 5' Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute.
2. LAND ACKNOWLEDGEMENT
Councilmember Buckshnis read the City Council Land Acknowledge Statement: "We acknowledge the
original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes,
who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their
sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land
and water."
3. ROLL CALL
City Clerk Scott Passey called the roll. All elected officials were present with the exception of
Councilmember Chen, Council President Tibbott, and Mayor Nelson.
4. ADMINISTRATION OF OATH OF OFFICE FOR NEWLY ELECTED COUNCILMEMBERS
Mayor Pro Tern Olson advised Representative and Snohomish County Councilmember Strom Peterson will
administer the Oath of Office to Councilmembers Eck, Paine and Nand. City Clerk Scott Passey will
administer her Oath of Office. Councilmember-Elect Michelle Dotsch had an unfortunate travel delay.
Representative and Snohomish County Councilmember Strom Peterson administered the Oath of Office to
Councilmembers Chris Eck, Susan Paine, and Jenna Nand.
City Clerk Scott Passey administered the Oath of Office to Councilmember Vivian Olson.
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8.4.a
5. APPROVAL OF AGENDA
COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER NAND, TO
APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY.
6. AUDIENCE COMMENTS
Jay Grant, Edmonds, Port of Edmonds Commissioner, reported he has been attending the comprehensive
plan community engagement meetings and expressed disappointment with the one regarding the waterfront.
He recalled in April 2002 there was a 47-page executive summary outlying challenges on the waterfront,
but none of that was addressed in the comprehensive plan. He relayed a rumor that some of the money
allocated for the comprehensive plan has been spent on the Landmark project. The comprehensive plan is
important and there is only a year left to complete the update. He did not understand the delay but hoped it
would speed up. Tonight's agenda includes a contract for Taser 10 and he was hopeful there was no
controversy with that contract. He worked in law enforcement for a long time and didn't see anything wrong
with the contract for tasers, pointing out the importance of less lethal equipment like tasers for police
officers. He thanked Councilmember Buckshnis for her good work over many years, expressed appreciation
for her time and effort, and said she will be missed.
Darrol Haug, Edmonds, commented tonight is a special occasion. As it was hard to put all his thoughts
into three minutes, he offered the following words for everyone to put together their own picture: 2010-
2023, flower club, all American tree city, tree board, dog park, salmon, marsh, dog park, strategic action
plan, budgeting by priorities, beginning fund balance, ending fund balance, Lithuania, Portland, Lambeau
Field, Go Packers, emails answered starting with good morning and sorry for any misspellings I'm
dictating, and many coffee sessions and budget sessions with the public. By now everyone knows he is
talking about Councilmember Buckshnis; her 13 years on council have made a real difference to Edmonds.
He is standing giving this ovation so it must be a standing ovation and he anticipated later tonight when the
resolution is read, many more people will come to their feet to thank her for her service. He wanted to be
the first, although ended up being second as Jay Grant had been the first, to thank Councilmember
Buckshnis for making a real difference for Edmonds. If he could sing, it would be "Thanks for the
Memories."
Nancy Rosen, Edmonds, spoke in response to the graffiti incident that occurred on Saturday. She asked
when a piece of string was not just piece of string or a tiny piece of yellow paper not just a piece of yellow
paper? When a piece of string is tied into a tiny noose and left on the windshield of a Black person's car, it
is no longer just a piece of string. When a tiny piece of yellow paper is cut into the shape of a Jewish star
and left in a person's driveway, as happened to her, it is no longer just a piece of yellow paper. This weekend
between Friday night and Saturday night, the Jewish Sabbith, 199 Jewish institutions across the United
States received bomb threats; three of the synagogues that received bomb threats were in Seattle. There
were 772 incidents in October and 634 in November according to the secure community network that tracks
such incidents. To corroborate these statistics, one can contact the FBI who also tracks them. The
Department of Homeland Security and the FBI take these incidents seriously and the buildings that received
bomb threats all had to be evacuated, disrupting preschool classes, religious services and the normal life
that goes on in any religious institution, mosque, temple or church. Just yesterday, the Oklahoma City Police
investigated a bomb threat at Temple B'nai Israel in Oklahoma City. The police responded and the building
was evacuated. Due to the Oklahoma City bombing, bomb threats make people nervous in Oklahoma City.
These swatting incidents as they are called are part of a nationwide campaign to frighten the Jewish
community. While painting graffiti on businesses in downtown Edmonds is bad and the perpetrators should
be found and prosecuted for vandalism, sometimes vandalism is not just vandalism. Everyone should be
able to live their lives in this beautiful town without fear.
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8.4.a
Barry Klarman, Edmonds, member of the local Jewish community with family in Tel Aviv, Jerusalem,
and [inaudible], one working for the U.S. government to get hostages freed of whom many are American
citizens, explained his family, like many Jewish families in America, though not all, have a history of
genocide. They understand what that word means intellectually and viscerally, a word written on windows
in Edmonds. Acts of a failed genocide happened on October 7; much more happened that wasn't reported
in the news. He expressed gratitude to all who cleaned up the hate -filled graffiti so promptly and thoroughly
on Saturday; they are why he calls Edmonds his home. He thanked Mayor Nelson for signing onto the
Jewish Federal of Greater Seattle's pledge against antisemitism and the Mayors United Against
Antisemitism Statement endorsed by U.S. Conference of Mayors and the American Jewish Committee. To
the vandals, he urged them not to bring this war to this community; he rejected attacks on social cohesion,
on the beauty of the city and its residents. The vandals' slogans only amplify divisiveness and hate. To his
fellow Edmonds residents, councilmembers, and Mayor Nelson, the slogans used in the wanton vandalism
are an attempt to intimidate and spread hate toward Jews. Free Palestine and ceasefire now slogans may be
well-intentioned, but they are also coded words for a call for violence, even genocide whether intended or
not.
Mr. Klarman expressed appreciation for his and Councilmember Nand's online discourse; her proposed
panel discussion on the war should include mainstream represented voices of the Jewish community, not
fringe voices, local rabbis and the Jewish Federation's JCRC who are all willing to engage. He asked
Councilmember Nand if she planned to have panel discussions on other global conflicts in the future or just
this one. He urged city government to stay away from engaging in controversy around what is a major
geostrategic war for many countries and entities where the lives of half the world's Jewish population hang
in the balance. The war is divisive along national, political, ideological, religious and ethnic lines. Aim to
foster a peaceful environment for everyone in Edmonds; don't make this political. Strengthening our bonds
and supporting one another is essential to ensuring each person has an Edmonds Kind of Day.
Matt Richardson, Edmonds, said he cleaned up about a dozen businesses in the middle of the night. His
take is the city should probably stay out of this, especially in council chambers because that is what they
are looking for. By and large, Edmonds loves war; although many fancy themselves as peace -loving
community, go along, get along, but the city believed every lie there was to believe about Ukraine and got
involved, cheer leaded the Ghost of Kyiv, flew the flags on city buildings which in retrospect is kind of
cringy. For the most part up until today, he thanked the city council for staying out of the Israel Palestine
conflict; it is not the city's table. He recognized people may want to do that but are not qualified. Lucky for
Edmonds, there is someone who is articulate, understands geopolitical situations, is a world traveler, and
good looking — Rick Steves. He is uniquely qualified to lead on this issue but is completely absent because
he knows if he comes out and says something about Israel or Palestine, instead of downtown businesses,
they will vandalize his business. To the vandals watching now, he said why punch down, punch up. He
doesn't have access to Maria Cantwell or Hilary Clinton, but Rick Steves does; he should be here. He has
done specials and makes a lot of money about travel vlogs to that area, but he has said nothing. Maybe that
is what the city council should be doing, allow private citizens to handle issues related Israel and Palestine.
Janelle Cass, Edmonds, congratulated the councilmembers who took their oath tonight and thanked them
for their service. She thanked Councilmember Buckshnis for her years of dedication to the city and
expressed appreciation for her service. She is the chair of the Edmonds Tree Board and noticed tonight's
Consent Agenda included minor code amendment changes, #17 changes the definition of tree of
significance from 8 inches to 6 inches. That probably shouldn't qualify as a minor code amendment and
was never presented to the tree board. She preferred the tree board consider it before the council considered
it as a minor code amendment.
Theresa Hollis, Edmonds, expressed appreciation for Councilmember Buckshnis' 13 years on the council.
The body of work she was involved in defies categorization; the breadth of topics she worked on is very
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8.4.a
significant. She is a hard worker, generous with her time for Edmonds, and smart. She encouraged
Councilmember Buckshnis to take a break, have a great vacation trip next year, but looked forward to her
making public comment from the citizen side of the dais. She wished her good luck and stay healthy.
Madison [no last name given], Edmonds, voiced her concern about the city's plan to cut a program that
is essential to Edmonds and the community. Meadowdale Preschool has been a longstanding establishment
in the community for over 30 years. During those 30 years the preschool's dedicated staff and teachers have
poured their time and experience into preparing their students for the next 13 years of their educational
career. Students who attend Meadowdale Preschool are emersed in a curriculum that genuinely prepares
them for their future as students and members of society. As a member of this community, she personally
knew many past students of this program and could personally attest to the support they received from their
teachers, setting them up to success in their early development, not just as a student but as a human being.
They are taught to respect those around them and treat others how they want to be treated, something we
can all agree is essential for children to learn at a young age. Along with being part of Edmonds' history,
this preschool also offers its services to a larger demographic. This program focuses on serving those often
underserved in the Edmonds community and the surrounding area. Parents from all around compete for
spot in the outstanding program which was also voted the Best of Edmonds this past year. The fact that
families are willing to travel to a small building on the outskirts of Edmonds is an accomplishment in itself
that reflects the impact of this program on the community. As the only educational program the city offers,
she was baffled why there was such adamancy to do away with it.
Madison did not believe the public had been properly informed as to how improperly this process has
occurred; accusations being thrown at blindsided employees are only small parts of the story being told.
The reality is that protocols were broken and boundaries were crossed. A story published in My Edmonds
News stated that Parks & Recreation Director Angie Feser stated the revenue shortfall was about $60,000
and unless alternative funding was found, covering this gap would require an increase in the monthly
enrollment cost per child, up to $1000. In previous years where enrollment has quickly filled with an
opening date in January and a waitlist created, enrollment was opened two months later than normal in
March and no advertising was done. Instead of placing the blame on the revenue deficit of the program, she
urged the council to think about everyone involved in this operation including all acting supervisors in parks
and recreation. She urged the council to keep in mind that cutting this program will not only be detrimental
to employees, but the children of Edmonds and surrounding communities.
Finis Tupper, Edmonds, referred to one word that Darrol Haug left out, cheers, which is how
Councilmember Buckshnis typically ended her emails. He wished Councilmember Buckshnis cheers and
thanked her for her service to the city and her dedication to the issues facing the city. It is a shame the
council will be passing a budget ordinance tonight that doesn't include any figures. He wondered if the city
would be in this predicament if Councilmember Buckshnis had been on the finance committee this year.
He again thanked Councilmember Buckshnis for her service and said she will be missed. He wished all
Happy Holidays.
7. RECEIVED FOR FILING
1. WRITTEN PUBLIC COMMENTS
2. SUMMARY OF NOV 16, 2023 MEETING WITH GOVERNOR STAFF REGARDING
EDMONDS MARSH
3. ORDINANCE ADOPTING THE 2024 CITY BUDGET
8. APPROVAL OF CONSENT AGENDA ITEMS
COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER ECK, TO APPROVE
THE CONSENT AGENDA.
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8.4.a
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER NAND, TO
MOVE ITEM 8.10, 2023 DECEMBER BUDGET AMENDMENT ORDINANCE, TO 9.4 AND
RENUMBER THE REMAINING ITEMS.
Councilmember Buckshnis explained Item 9.4 is a resolution related to General Fund Operating Reserves
and she assumed with the budget amendment, the council will need to authorize use of the contingency
reserve so that resolution may need to be revised.
MOTION CARRIED UNANIMOUSLY.
COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER PAINE, TO MOVE
ITEM 8.11, ADOPTION OF MINOR CODE AMENDMENTS — PACKAGE #3 (AMD2023-0009), TO
9.3 AND RENUMBER THE REMAINING ITEMS. MOTION CARRIED UNANIMOUSLY.
Mayor Pro Tern Olson advised Item 8.8, Confirm Appointment of B&C Candidate, was withdrawn.
MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. The agenda items approved are as
follows:
1. APPROVAL OF SPECIAL MEETING MINUTES NOVEMBER 30, 2023
2. APPROVAL OF SPECIAL MEETING MINUTES DECEMBER 4, 2023
3. APPROVAL OF REGULAR MEETING MINUTES DECEMBER 5, 2023
4. APPROVAL OF SPECIAL MEETING MINUTES DECEMBER 11, 2023
5. APPROVAL OF PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE
PAYMENTS.
6. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS.
7. CONFIRM APPOINTMENT OF B&C CANDIDATE
9. CONFIRMATION OF DIVERSITY, EQUITY, INCLUSION & ACCESSIBILITY (DEIA)
COMMISSION APPOINTEES UMRAH SALEH THOMAS & KIM GUNNING
9. COUNCIL BUSINESS
RESOLUTION THANKING DIANE BUCKSHNIS FOR SERVICE ON THE CITY
COUNCIL
Mayor Pro Tern Olson read a resolution of the Edmonds City Council thanking Councilmember Diane
Buckshnis for her dedication to council work and other service to the City of Edmond.
Councilmember Buckshnis thanked everyone for keeping everyone for keeping her on her toes. She also
thanked God. She said it has been a wild 13 years. She remembered meeting with Darrol Haug in Betty
Larman's home to discuss the financials because the city utilized a working capital approach to define the
General Fund which was totally bizarre. She thanked Mike Bailey who helped her convince Edmonds
councilmembers to pattern its financial statements after Redmond's. She thanked former Finance Director
Shawn Hunstock for helping her save the City $5 million; that was impressive and took a long time and
included rewriting the audit reports. The auditors think she is the sliced bread queen of audits due to that
issue. She thanked former Finance Director Scott James, a policy wonk like her, former Councilmember
Teitzel and the late Councilmember Kristiana Johnson who developed the fund balance policy. The City
never had a better rating of AAA or better reserves than it had in 2019/2020. She thanked her scientist
friend, Joe Scordino, for his help, and Val Stewart. She said we all must continue to move in forward in
straightening out the City's financials. The City's finances were in bad shape when she started and now are
in worse shape, but sometimes people don't listen. She tries to stay positive and grateful and urged everyone
to work harder and better. She planned to enjoy her retirement and said go Pack go.
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8.4.a
COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER NAND, TO
APPROVE A RESOLUTION OF THE EDMONDS CITY COUNCIL THANKING
COUNCILMEMBER DIANE BUCKSHNIS FOR DEDICATION TO COUNCIL WORK AND
OTHER SERVICE TO THE CITY OF EDMONDS
Councilmember Nand echoed the comments made during Audience Comments in thanking Councilmember
Buckshnis for her long service to the City and her advocacy for the community and environment and
especially the marsh.
MOTION CARRIED UNANIMOUSLY.
2. 2024 LEGISLATIVE AGENDA
Community, Culture & Economic Development Director Todd Tatum introduced Debra Munguia, Capitol
Consulting, the City's lobbyist.
Ms. Munguia reviewed:
• 2024 Legislative Session Background
o Short 60-day session (January 8 - March 7)
■ Prefiling of bills began this month
■ All bills that were not passed last session will be reintroduced
o Supplemental budgets
■ Passed biennial budget in 2023, will make tweaks to operating capital and transportation
budgets
■ Governor's supplemental budgets released last week
■ House and Senate will release their proposed budget after February revenue forecast
o Revenue forecast
■ Slight increase in operating revenue, but expenses have also increased
■ Legislature spent most of capital budget dollars in 2023 session.
■ Climate Commitment Act revenue has raised $2 billion, however, there may be an initiative
on ballot
■ Transportation projects over budget and may require adjustments in project timing
o Election year
■ All the House, half the Senate, and all statewide officers are up for election in 2024
2024 potential legislative issues
o Housing/Homelessness
■ Legislature identified 2023 as year of housing, and are calling 2024 Housing 2.0
- Addition to middle housing bill
- Transit oriented development
• Draft bill by Rep. Reed, Rep. Fey and Sen. Trudeau that includes incentives for
community center development, mixed income walkable neighborhoods with
higher density affordable and market rate housing and variety of retail and
commercial
- Lot splitting
- Micro -housing
- Lower REET for homes $lM and below and increased REET for $3M and above
- Rent stabilization
o Behavioral Health
■ Governor included approximately $400M in his supplemental budget for behavioral health
needs. Goal is to create greater access to behavior health services including substance use
disorder treatment
o Public Safety
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8.4.a
■ Pre -filed bills related to permit to purchase firearms and mandatory reporting if a gun is
lost or stolen, and expanding restricted areas knowingly possess a firearm including public
buildings
■ Coalition for Police Accountability plan to reintroduce bills not passed in 2023
■ Association of Sheriffs and Police Chiefs priorities include creating more revenue for
recruiting and retaining law enforcement officers.
■ AWC working on bill to allow councilmanic increase in public safety sales tax to provide
revenues for recruiting/retaining officers and Basic Law Enforcement Academy classes.
o City Fiscal Health
■ One of AWC's top priorities is lifting the 1 % property tax
■ Continued discussion about city infrastructure needs, Public Works Assistance Account,
etc.
o Climate Policies
■ HB 1900 has been pre -filed, Producer Recycling Responsibility bill, to increase the use of
post -consumer recycled content in products, create a strong market for recycled products
and establish a single statewide list of recyclable materials
■ Expect a bill related to bottle and can recycling
■ Transitioning buildings away from natural gas to electricity
■ Bills that did not pass last session related to mercury in lights, community solar
■ Bill to help people navigate incentives
■ Department of Ecology plans to introduce a bill that allow them to link with California and
Quebec's cap -and -invest system
Initiatives
o Repeal Climate Commitment Act
o Repeal Capital Gains Tax
o Allow reasonable police pursuits
o Options for initiatives with enough valid signatures: legislature can adopt as written and
becomes law, legislature can take no action or reject and initiative goes on November ballot,
legislature can pass an alternative proposal and both go on the November ballot. If legislature
takes action on bill that substantially affects policy such as the one Ecology may introduce, it
would also go on the November ballot
Councilmember Nand thanked Ms. Munguia and Mr. Tatum for keeping the council apprised of what is
happening in Olympia. With regard to transit oriented development and community center development,
she asked the dollar amount of incentives that would be available. Ms. Munguia said she do not know. In
an email Representative Reed sent her tonight she mentioned that Senator Trudeau will be working on an
amendment so there would be a capital program in the capital budget for infrastructure costs for cities to
provide the density. She has not had an opportunity to review that amendment, but she recalled there was
assistance for planning grants. Councilmember Nand observed the funds would be housing oriented versus
community center/public use investments. Ms. Munguia said she has not reviewed the draft language in
detail, but it appears to be related to housing density and affordability.
Councilmember Nand referred to lot splitting, and asked how having more tax parcels would affect property
tax assessments. Ms. Munguia said she was unable to answer that but knew there were questions being
asked about how cities would determine their density targets. Developers have said this is not about density,
it is about allowing land owners to sell pieces of property. There are already laws regarding ADUs, but this
would give a property owner the opportunity to sell a piece of their property. There are a lot of questions
related to that and protecting someone who purchases property to ensure they have access, parking, sewer
and water, separation from first residence, etc. Councilmember Nand agreed there are a lot of logistical
challenges with ADUs in other parts of the country.
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8.4.a
Councilmember Nand referred to the public safety bills and the parent -child theory of liability with mass
shootings that prosecutors have had success with in at least two jurisdictions. She asked if the Washington
State Legislature was contemplating that. Ms. Munguia responded she has not heard about that yet.
Councilmember Nand said she would follow up with Ms. Munguia via email regarding questions about
community oriented development and homeownership opportunities for the middle and working class and
density.
Councilmember Buckshnis asked about the money being collected from marijuana sales, recalling cities
were supposes to get a small amount. Ms. Munguia said the agreement that a certain amount would be
shared has been met but revenues have been much higher. She was unsure how the additional amount was
being distributed. Councilmember Buckshnis said she reads about the money from marijuana sales and
asked if some of the funds were dedicated to education. Ms. Munguia recalled some may have been
allocated to the education legacy trust account.
Councilmember Paine expressed concern with getting all this done in 60 days. With regard to rent
stabilization, she asked whether landlords and landlord associations would be part of discussion. Ms.
Munguia answered they will definitely be part of the discussion, but whether there is any agreement remains
to be seen. There were bills introduced last session and Representative Alvarado will be introducing a bill;
the advocates want a lot of things addressed like administrative fees that have nothing to do with first and
last month rent. Councilmember Paine commented neighboring jurisdictions are adopting rent stabilization.
She asked if, as currently proposed, it will be up to each city or a statewide blanket stabilization. Ms.
Munguia said her understanding was the intention was to do it statewide.
Councilmember Nand relayed the congressional democrats are contemplating restrictions on large private
hedge fund, Wall State based landlords who are buying a lot of affordable housing and turning it into
permanently rented units versus starter homes with an equity opportunity for middle and working class.
She asked whether that social equity is being considered with opportunities to condominiumize and possibly
amend the liability that prevents developers from building condominiums that provide more modest
homeowners the home equity opportunity to build generational wealth they can pass onto their families.
Ms. Munguia said she could not answer that question. She had hoped Chair of the Housing Committee
Representative Strom Peterson had stayed as he would be a better person to answer that. She knew
displacement issues was a big concern.
Mr. Tatum reviewed:
City of Edmonds 2024 legislation agenda
o SR 99 Revitalization
■ Phase the $22.5 million allocated under the Move Ahead Washington Transportation
package in the 27-29 Biennium for the SR 99 Revitalization Project Stage 3. Currently in
governor's budget in the future category which is beyond the 2039-2041 biennium.
o Property Tax Cap
■ One of AWC's priorities
■ Revise the property tax cap to tie it to inflation, up to 3%
■ 1% property tax cap put in place in 2011, before that the cap was 6%
o Edmonds Marsh
■ The Legislature in the 2023 Session approved a proviso for the duration of the 2023-2025
biennium that provided Edmonds first right of purchase of the former UNOCAL site when
it transfers to WSDOT. These provisions are in effect until 6/30/25.
■ The City will provide updates to legislators on the importance of this property to watershed
and salmon health in the region
o Environmental and Climate -Related Issues
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■ Funding may be available from Climate Commitment Act and if so, work with legislators
for funding on the following projects:
- Financial assistance programs such as low -interest loans or grants for installation of
solar energy projects and energy efficient equipment for affordable housing projects.
- Financial assistance to develop a greenhouse gas tracking tool with a user-friendly
dashboard to show our progress against GHG reduction targets ($30,000)
o Other Significant Issues
1. Public Safety
■ Support legislation which modifies RCW 10.116.060 enacting a balance test where the
risks of pursuit cannot exceed the risks of the reason(s) for the pursuit.
■ Support additional funding tools and resources for officer recruitment, retention, and
expand access to mandated training especially the Basic Law Enforcement Academy,
including more regional academies to get new officers on the street faster.
2. Housing Affordability and Availability and Accessibility
■ Support a proactive approach to create new tools/incentives/revenues for cities to use
to support increasing housing supply and addressing affordability. Cities need
resources to encourage development of housing at all income levels and particularly
state funding to support housing for the lowest income levels.
■ Support efforts to provide municipalities with tools to aid in community -oriented
development and account for the infrastructure costs of supporting such large changes
in housing policy.
■ Support increased funding for the Housing Trust Fund.
3. Salmon Recovery and Puget Sound Watershed Health
■ Support key WRIA 8 salmon recovery Capital Budget funding programs
■ Direct funding from State Climate Commitment Act - Natural Climate Solutions
Account (RCW 70A.65.270) to support:
- Salmon Habitat protection and restoration
- Regional stormwater management goals
■ Support state agency budget requests for monitoring salmon populations, and for
studies and management of issues affecting salmon survival
■ Support Growth Management Act reforms that integrate salmon recovery and climate
change into comprehensive planning
■ Support Growth Management Act reforms that integrate salmon recovery and climate
change into comprehensive planning
4. Transportation Funding
■ Support efforts to give Counties and Municipalities funding and options to improve
public transportation options, particularly in areas impacted by light rail. It is critical
to make investments in last mile transit options to maximize the benefits of light rail
in the region.
■ Support efforts to expand funding options that support state and local transportation
needs with emphasis on preservation and maintenance to prevent expensive
replacement and repairs. Improve access to Climate Commitment Act funding,
including direct distributions, for city priorities that support carbon reduction and
climate resiliency.
5. Funding for Arts and the Creative Economy
■ Support measures to provide infrastructure funding to support arts organizations and
the creative economy.
■ Engage in advocacy for the arts community during Arts, Heritage, and Science week
6. Behavior Health
■ Support creating greater access to behavioral health services including substance abuse
treatment and dual diagnosis treatment facilities.
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■ Support continued state funding to help communities establish alternative response
programs like co -responder programs, diversion programs, and others that provide
options beyond law -enforcement for responding to situations with individuals
suffering from behavioral health issues.
Economic Development
■ Support efforts to address immediate workforce needs and develop future pipeline through
various programs, including apprenticeships in areas such as clean energy transition,
childcare, and healthcare and nursing.
Councilmember Nand asked a question based on a conversation with a community member, how much of
the $243 million allocated to Highway 99 could possibly be integrated into public uses on the potential
Landmark acquisition. Mr. Tatum answered there is $22.5 million allocated under Move Ahead
Washington. That is in the transportation budget so there will likely be challenges with shifting the project
scope to items that are not transportation related. Ms. Munguia asked if Councilmember Nand was referring
to the state funds allocated for the Highway 99 revitalization project in Move Ahead Washington.
Councilmember Nand answered she hoped she was talking about the same dollar amount, the $243 million.
Mr. Tatum emphasized the total cost of all the Highway 99 revitalization projects is $243 million
Councilmember Nand asked if there were any state transportation priorities that would be supported by co -
investment in the Landmark property that could justify allocation from the $243 million. Mr. Tatum
emphasized the funds allocated from Move Ahead Washington is $22.5 million, not $243 million. Ms.
Munguia answered if there were state priorities that could fit within that property, there may be
opportunities for state funding, not from the transportation budget but possibly from the capital budget or
the operating budget. Councilmember Nand observed those funds are quite constrained at this point. Ms.
Munguia answered the transportation budget is extremely strained. She was told by several legislators that
there will be no new transportation projects in 2024 and they will be pushing some projects out. Some of
the state's mega projects are hundreds of millions of dollars overspent due to workforce shortage, concrete
strike, supply chain shortage, etc.; costs have increased 58%. There are priorities related to behavior health
and affordable housing so there are funds in the capital budget and the operating budget for those things.
Councilmember Nand commented Edmonds has a history with the Edmonds Waterfront Center of
providing direct services along the lines of behavioral health. She asked if that could be funded with this
new pot of money. Ms. Munguia answered possibly.
Councilmember Paine commented it is really interesting to hear what Olympia will be doing. She asked if
there may be funds available for the Landmark project through community renewal grants from the state.
Mr. Tatum answered a number of the state legislature's priorities line up with Landmark. It is an opportunity
to engage the legislature in discussion about incentives and what would make community oriented or transit
oriented projects possible for cities. Councilmember Paine observed there were incentives not necessarily
funding opportunity. Mr. Tatum answered it could be a different things to include funding from the capital
budget for example.
Councilmember Eck said she was intrigued and extremely interested in a few of the issues. With regard to
behavioral health funding, she asked what the City's interest would be in acquiring any of that funding and
how the City would use it. Mr. Tatum answered the governor's budget includes priorities related to
behavioral health. The City will be plugged into how much will be invested in facilities and capital
infrastructure for behavioral health as well as anything related to increasing funding or grant programs
related to social work in the police department. The City would be particularly interested in that and
advocated for that if it materializes.
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Mayor Pro Tem Olson expressed appreciation for the legislative agenda in the packet. It contains a lot of
really good content and she was particularly happy to see the section on behavioral health because it is such
a need in this community as well as elsewhere. She summarized behavioral health was high on her list of
priorities.
Councilmember Nand recalled when Ms. Munguia gave a presentation to the council last year, there was
discussion about special funding for libraries, either historic buildings or new facilities. She has had high
level discussions with some Sno-Isle people and they are very excited about the possibly of having a library
on Highway 99, specifically the area of Landmark. However, the model seems to be that the City would
build a building or partner with a developer to build a building and Sno-Isle would fill and staff it similar
to what Sno-Isle does in other jurisdictions. She asked if there was any state funds for that or was it just for
historic libraries like the old, converted Carnegie libraries. Ms. Munguia said she would need to research
that and advise if there were funds specific for libraries and if they were for historic or new libraries.
COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER NAND, TO
INCLUDE THE STATEMENT IN SECTION 4 UNDER TRANSPORTATION FUNDING,
"BICYCLE AND PEDESTRIAN INFRASTRUCTURE AND POLICIES. USING THE COMPLETE
STREETS MODEL, ACCELERATE DEVELOPMENT OF REGIONAL AND LOCAL BICYCLE
AND PEDESTRIAN CORRIDORS, ASSOCIATED INFRASTRUCTURE, POLICY AND DATA
COLLECTION IN ORDER TO PROVIDE SAFE AND EFFICIENT FACILITIES."
Councilmember Paine commented this amendment comes from the SeaShore Transportation Forum's
legislative agenda which is comprised of Shoreline, Mountlake Terrace and UP and Edmonds. It is
specifically related to funding planning for a bike/pedestrian bridge over SR 104 from Shoreline into
Edmonds to connect with the Interurban Trail as well as provide a connection to the Mountlake Terrace
transit center. She has had conversations with several state legislators as well as councilmembers in
Snohomish County and King County.
Councilmember Nand found this an interesting ask, commenting she especially liked the multijurisdictional
aspect of it. The local bike group is advocating in several jurisdictions to ease pain points on the Interurban
Trail that endanger bicyclists. If adults do not feel safe to bike certain parts of the Interurban Trail, she
anticipated people certainly will not allow their children to bike the trail. Due to the contiguous nature of
Lynwood, Edmonds, Shoreline, Mountlake Terrace and the regional transit strategy, it would be good to
begin having this conversation. Everyone wants wider sidewalks everywhere so kids feel safe riding their
bikes. She expressed support for the amendment.
Councilmember Buckshnis pointed out the SeaShore Transportation Forum is King County only and at
least when she was a liaison, Edmonds was not a member of SeaShore, just an interested party. She asked
if there was any buyoff from Snohomish County on this or was it just King County and SeaShore.
Councilmember Paine responded that is correct, SeaShore is strictly King County due to Puget Sound
Regional Council's (PSRC) rules, but Edmonds is a participating member and they are very excited about
this prospect. This has been sponsored by the Edmonds Bicycle Advocacy Group (EBAG) who has been
very active in coordinating elements for Snohomish County, King County, and Snohomish PUD to look at
the use of the right-of-way for a bike trail. This would provide a connection between King County and
Snohomish County and a connection to the Interurban Trail. There are some obvious wins for the bicycle
and pedestrian communities as well as improving the connection to the Mountlake Terrace transit center.
EBAG also plans to contact Sound Transit. She was impressed by EBAG's advocacy levels.
Councilmember Buckshnis said she was not arguing this was a bad idea, but wanted to know if Snohomish
County had been approached and if they would provide any funding. Councilmember Paine answered she
has talked with the State Transportation Committee Representative Donaghy and Senator Liias and there
has been verbal commitment of $50,000-$75,000k. EBAG has also been talking with
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Representative/Snohomish County Councilmember Strom Peterson and she has been working with
Shoreline Councilmember Chris Roberts who plans to petition King County for similar support.
Councilmember Nand commented Edmonds' as well as other cities' budgets are very strained so combining
forces for planning and funding makes sense for small cities like Edmonds.
Mayor Pro Tem Olson relayed there have been meetings with EBAG who do a good job of advocating.
Through blogs and audience comments, local residents have also advocated for pedestrian infrastructure.
She did not see how the City could go wrong asking for support on those issues.
Councilmember Paine commented there are elements of this item that currently exist in the transportation
element of the comprehensive plan in the 2014 transportation plan. The transportation committee, which
she is a part of, is reviewing the transportation element. They will be looking to synchronize elements for
the upcoming comprehensive plan. She was pleased the broad wording was not specific to the SR 104
bike/pedestrian path.
MOTION CARRIED UNANIMOUSLY.
Mayor Pro Tem Olson advised this will be placed on a future Consent Agenda.
3. ADOPTION OF MINOR CODE AMENDMENTS - PACKAGE #3 (AMD2023-0009)
(Previously Consent Agenda Item 8.11)
Senior Planner Mike Clugston advised this item, the third package of minor code amendments, was on the
Consent Agenda for approval in accordance with council -adopted procedures for adopting minor code
amendment packages. He offered to address councilmembers' questions.
Mayor Pro Tem Olson referred to amendment #4 related to ECDC 17.40.020.1) where the language was
changed as follows: "Such improvements shall be required to obtain areh� administrative design
review." This appeared to change the review from the Architectural Design Board (ADB) to staff. The
Notes/Context provided states, "Changed to match original intended language in Ordinance 3696, enacted
in 2008." She preferred to have this discussed by the ADB and possibly the planning board before it was
presented to council as a minor code amendment. She suggested having a memo stating the ADB was
consulted and copy of the minutes from that meeting. She expressed support for pulling that item from the
amendment package.
Mr. Clugston answered staff could be supportive of that. He explained the issue is not who is doing the
design review, the revision was to change architectural to administrative. In 2007 the process in the design
review chapter were updated to provide more opportunity for staff review than ADB review. There are a
number of places in the code where there is still reference to the old process. Since 2007, the only projects
the ADB reviews are ones that require a SEPA threshold determination; everything below that threshold is
reviewed by staff. The intention was to correct that one word, but the item can be pulled as Mayor Pro Tem
Olson requested.
Mayor Pro Tem Olson opined changing that one word changes whether there is review by staff or the ADB.
Mr. Clugston answered this is in the nonconforming chapter, Ordinance 3696, adopted by council in 2008,
included the word administrative design review as shown in the proposed code change column. At that time
administrative design review was meant to indicate reviews were below the SEPA threshold and would be
done by staff. The following year another ordinance was adopted by council that changed the wording from
administrative design review to architectural design review, not necessarily by the ADB. The change from
architectural design review to administrative design review does not have any practical significance when
one looks at the processes for design review that exist outside this chapter.
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Mayor Pro Tem Olson asked City Attorney Jeff Taraday to weigh in, explaining she wanted to ensure this
minor code amendment did not change who conducted the review. Mr. Taraday said he was not up to speed
on this amendment and would need to research it. He suggested if his input was desired, that it be pulled
from this package of amendments.
MAYOR PRO TEM OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO
WITHDRAW AMENDMENT #4 FROM THE PACKAGE.
Councilmember Paine observed this would not functionally change the procedures currently in place. Mr.
Clugston agreed. Councilmember Paine observed it was just a word that was not caught. Mr. Clugston said
architectural design review is in the current code as adopted in 2009. Councilmember Paine asked for
clarification if it was architectural or administrative design review. Mr. Clugston answered architectural,
but it does not affect the process.
Councilmember Nand asked if this item is pulled, would there be any recourse other than bringing it back
in the next amendment package. She did not think this needed to go to the planning board as a policy
change. Planner Rose Haas answered there are no policy changes in the minor code amendments. It is
currently an administrative review even though it states architectural and that will continue regardless of
whether the word is changed.
Mayor Pro Tem Olson urged the council to support pulling this amendment just to bring it to the ADB for
discussion and for staff to provide a memo for the next minor code amendment package stating the ADB
does not object and it does not change anything.
MOTION CARRIED (3-2), MAYOR PRO TEM OLSON AND COUNCILMEMBER BUCKSHNIS
AND ECK VOTING YES; COUNCILMEMBER PAINE AND COUNCILMEMBER NAND
VOTING NO.
Mr. Taraday recalled the code related to minor code amendments allows any councilmember to pull an
amendments without a vote. To ensure the council was comfortable with minor code amendments coming
in an omnibus manner, the tradeoff was any single councilmember could pull an amendment and have it
come back later. He was trying to confirm that with the code but was currently unable to access it. Mr.
Clugston agreed that was the intent although he was unsure it was explicitly stated in the code.
Councilmember Nand explained changing oversight of the tree board from planning to parks has interrupted
their regular meetings. Tree board members reached out to her regarding amendment #17 requesting an
opportunity to discuss it from a policy perspective before it is presented as a minor code amendment. She
asked if planning would object to that. Mr. Clugston answered minor code amendments are non -policy
issues. The intention of amendment #17 is to make the code internally consistent. Currently the tree code
identifies significant trees as a diameter of 6 inches; 8 inches has been in the subdivision code for the past
30 years and should have been updated when the tree code was adopted in 2019/2020. The intent is to
change 8 inches in the subdivision code to 6 inches to make it internally consistent with 6 inches in the tree
code.
Councilmember Nand relayed the tree board members' interest was an opportunity for a public discussion
so they could verify it was not a policy change. She was comfortable with not pulling amendment #17 to
bring it to the tree board in January, relaying although she is the tree board liaison, she does not have input
on their agenda.
Councilmember Paine said she researched this, the size of a significant tree was discussed at length a few
years ago and changed in ECDC 23.10.020 and this language was left behind in the subdivision code. The
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standard in ECDC 23.10 of 6-inch DBA is more protective than 8-inch DBH in the subdivision code. She
preferred not to pull this amendment from the package of amendments.
Councilmember Buckshnis relayed a couple tree board members also called her. This is not a minor
amendment and should be reviewed by the tree board. She recalled approval of the tree code was not very
efficient or effective and it behooves the council to listen to tree board members who think the board should
review this. She requested amendment #17 be pulled and remanded to the tree board.
Mayor Pro Tern Olson concurred, commenting it was appropriate for the group most involved to review it
to ensure there was no policy change.
Councilmember Eck asked if the council could highly recommend the proposed amendment be on the tree
board's next agenda to ensure there is resolution to the inconsistency as soon as possible.
Mayor Pro Tern Olson agreed everyone is eager to get the codes updated. The council can definitely offer
that recommendation. Ms. Haas advised she is also not able to access the code but recalled the proposed
amendment is to ECDC 23.10.020.R, definition of a significant tree, which was established as 6-inches
DBH in 2019. She was unsure what further discussion would be necessary as it just resolves an internal
consistency issue. Mr. Clugston agreed the intention was to make the code internally consistent with what
council adopted, a 6 inch tree. If the council wanted to pull this, it would not go to the tree board because
it is not a policy decision. What could go to the tree board eventually as part of the tree code update is
whether significant trees should be 6 inches or 8 inches as that would be a policy level discussion. For
tonight's purposes, the City regulates significant trees as 6 inches and that number needs to be changed in
the subdivision code to make it consistent.
Mayor Pro Tern Olson recalled when she was on the tree board that the measurement was 6-inches DBH
which is not mentioned in this proposed minor code amendment. She concluded the amendment needs more
work and suggested it come back to council as a regular code amendment with more narrative.
Councilmember Nand relayed the tree board's agenda is set by a meeting of the chair and assigned staff
and they can decide if they want to add this to their agenda. If this is brought back to council as a regular
amendment, tree board members would have the opportunity to offer audience comments if they feel this
is a policy discussion. There has been a significant difference of opinion between tree board members and
the administration regarding what is considered a minor code amendment as it relates to tree policy which
is why this is a thorny issue. Tree board members want to ensure they are apprised of policy issues related
to trees.
Councilmember Buckshnis clarified the tree code was passed in 2020 over 4 meetings at 9 pm via Zoom.
It behooves the council to send it back to the tree board especially since two tree board members, including
the chair, called her.
Councilmember Eck relayed this is a communication issue. She was comfortable with approving this as a
minor code amendment with robust communication to the tree board explaining there was no germane
change being made; it was just neatening up what should have already been done.
Mayor Pro Tern Olson advised as it only required one councilmember to pull an amendment, amendment
#17 has been pulled.
COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER ECK, TO APPROVE
THE REMAINDER OF THE MINOR CODE AMENDMENT PACKAGE. MOTION CARRIED
UNANIMOUSLY.
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4. TASER 10 CONTRACT AND OUOTE
Mayor Pro Tem Olson relayed the police department made a presentation at the PSPHSP committee and it
wasn't a controversial topic other than budget implications. That was the reason the committee did not
recommend approval on the Consent Agenda.
Councilmember Paine asked if this agenda item is just approval of the contract and not the budget
implication. Police Chief Bennett answered yes, the contract needs to be signed today to be accepted by the
vendor or the contract will cost the City more. Councilmember Paine confirmed the agenda item was to
sign the contract which she did not object to; funding for Taser 10 will be considered in the first quarter.
Mayor Pro Tem Olson relayed if council approved the contract, there will be a budget amendment.
Councilmember Paine answered not necessarily. Mayor Pro Tem Olson commented if no other miracle
comes through related to the funding, a budget amendment will be required.
Councilmember Nand explained after extensive discussion with Directors Turley and Tatum and Chief
Bennett regarding the $250,000 in ARPA funds set aside for the small business distress fund intended to be
administered by Director Tatum, they reached an amicable solution to fund the contract in 2024 for $73,000
from ARPA funds and hopefully allocate the remainder to the small business distress fund. In their
discussion, it was agreed if small businesses could vote, they would support non -lethal public safety
enhancements because of the epidemic rise in crime. Funding the subsequent four years of the contract will
impact the General Fund, but funding has been identified for the first year that does not impact the General
Fund.
Councilmember Buckshnis observed the contract is for $360,000 and councilmembers have said there is no
General Fund implication this year and it will be handled as a budget amendment in 2024. The council will
need to find that $360,000 somewhere. If the proposal is to use $250,000 in ARPA funds, she asked how
the other $110,000 will be funded. Mr. Taraday reminded the council there is no budget approval request
associated with this agenda item. The council can debate the budget, but no action will be taken on the
budget with respect to this item and there is nothing in the packet related to the budget.
Mayor Pro Tem Olson agreed, pointing out even if the intention is to use ARPA funds, a budget amendment
would be required to allocate those funds.
Chief Bennett explained the $360,000 is spread over 5 years; $72,000 is for the first year. The vendor is not
billing the City until 2024.
Councilmember Nand explained this will be proposed as a 1 st quarter budget amendment in 2024. The City
has an obligation to spend the ARPA funds in a timely manner. The City's remaining $250,000 ARPA
funds will be allocated toward the first installment of the contract to ensure it is funded as she did not view
tasers as a discretionary device and it has to be funded somehow. She was proposing $72,000 as a 1 st quarter
budget amendment, and she hoped the council would agree to allocate the remaining ARPA funds into the
distressed small business fund that Directors Tatum and Turley will partner with community partners to
disburse. ARPA funds are historically significant in that they allow the City to directly benefit distressed
businesses via grants; there will be no opportunity in the future to take $250,000 out of the General Fund
and distribute it to businesses to fix leaky roofs, etc.
Councilmember Paine raised a point of order, advising funding is not part of this agenda item.
Councilmember Eck expressed support for the City signing the Taser 10 contract instead of staying with
the status quo of Taser 7 as in the long run Taser 10 is going to save the City money.
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COUNCILMEMBER ECK MOVED, SECONDED BY COUNCILMEMBER PAINE, TO
AUTHORIZE THE MAYOR TO SIGN THE TASER 10 CONTRACT.
Councilmember Buckshnis thanked Chief Bennett for clarifying the expenditure next year is only $72,000.
She pointed out by signing the contract, the council will need to have $72,000 in the budget for that budget
amendment. Saying it will be a budget amendment next year, the funds still need to be in the budget. It will
impact the 2024 budget any way you look at it, either when the budget is approved or as a budget
amendment. She supported converting to Taser 10, but wanted to ensure everyone understood the numbers.
Councilmember Nand advised the Taser 7 contract was funded, so this would have been a General Fund
obligation anyway.
MOTION CARRIED UNANIMOUSLY.
5. 2023 DECEMBER BUDGET AMENDMENT ORDINANCE (Previously Consent Agenda
Item 8.101
Councilmember Buckshnis said she was surprised Director Turley was not here to answer questions nor did
he answer her questions although he answered citizens' questions. If the council approves this ordinance,
the 2023 ending fund balance is $477,888.Obviously the City is having serious financial problems and she
wished the council would be provided correct numbers. The council has yet to receive the October or
November monthly financial reports when the majority revenue from property taxes is received. The
council also has not received an updated budget sheet. She anticipated the ordinance needed to be changed
as she anticipated the City would be tapping into the contingency reserve fund.
Councilmember Buckshnis continued, although Director Turley continually says he has answered this
question, he hasn't answered why the ending fund balance in the 2023 budget is $16.7 million and every
amendment up until this one, it was $17 million and now suddenly it's $11 million. She said that is an off -
balance sheet item because she has read both audit reports that reflect changes and misstatements and has
yet to understand where that $4 million went. She reiterated this amendment will result in an ending fund
balance of $11.9 million. She will vote no tonight because she does not have correct numbers and has not
had her questions answered related to how the numbers changed. She concluded the numbers are suspect
because there aren't numbers to say what is correct.
COUNCILMEMBER BUCKSHNIS MOVED NOT TO APPROVE THE BUDGET AMENDMENT
MOTION DIED FOR LACK OF A SECOND.
Councilmember Buckshnis said she wanted to be on record that she was not in favor of the budget
amendment. She hoped the council would get correct numbers sooner rather than later and anticipated the
council will have a contingency fund issue that needs to be included in the ordinance.
COUNCILMEMBER PAINE MOVED, SECONDED BY MAYOR PRO TEM OLSON, TO ACCEPT
THE DECEMBER BUDGET AMENDMENT AS PROPOSED.
Councilmember Paine referred to packet page 142, Budget Amendment Summary, advising the numbers
correspond with the December 2023 budget amendment.
MOTION CARRIED (4-1), COUNCILMEMBER BUCKSHNIS VOTING NO.
6. RESOLUTION AUTHORIZING USE OF GENERAL FUND OPERATING RESERVES
FOR 2024 GENERAL FUND EXPENSES
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City Attorney Jeff Taraday advised this was drafted in anticipation of the budget that the council will
hopefully adopt on December 27 which calls for use of the General Fund operating reserve as there are
more expenditures than revenues. He reviewed the resolution the council adopted for the previous use of
operating reserves and found it specified the 2023 fiscal year so it is appropriate to adopt another resolution
for 2024 if the council intends to comply with the reserve policy which states the use of operating reserve
needs to be done by a majority vote. This resolution is intended to allow the council to comply with the
fiscal reserve policy.
Councilmember Buckshnis referred to item #3 under Received for Filing, Ordinance Adopting 2024 City
Budget, which is obviously an inaccurate title. That ordinance refers to an emergency ordinance and the
title of that ordinance is, An Ordinance Adopting the Budget for the City of Edmonds, Washington, for the
Fiscal Year Ending December 31, 2024. She felt the ordinance was a repeat of the emergency ordinance
the council passed in October or November. Mr. Taraday responded there has been some confusion about
Agenda Item 7.3. He explained in recognition of the fact that the budget is coming down to the wire and
the council will be asked to adopt it on December 27, staff wanted to give as much advance lead time as
possible with regard to what they will be voting on December 27. Item 7.3 is a preview of the ordinance
the council will be asked to vote on December 27. At the time staff was strategizing how to put the packet
together, it was unknown whether the tables that are attached to the ordinance would be ready; it was hoped
they would be so the council would have an opportunity to digest the ordinance and table together.
Unfortunately the tables were not ready so item 7.3 contains the ordinance without the tables. He could
understand how a budget ordinance with no numbers created confusion.
Councilmember Buckshnis observed the attachment to 7.3 is the Fiscal Emergency Ordinance, not the
budget ordinance. The narrative in the agenda memo states, Although the 2024 budget ordinance does not
yet include the budget summary, the council president requested the ordinance be provided in advance of
the December 27 meeting, but the attachment is the Fiscal Emergency Ordinance for 2024. Mr. Taraday
advised packet page 20 of the updated packet contains the ordinance that he described, a preview of the
ordinance the council will vote on December 27. Both ordinances reference an emergency but for different
reasons. The emergency referenced in the budget ordinance is because with a budget adoption on December
27, the only way the City can have an operating government on January 1 is for the ordinance to take
immediate effect which requires the declaration of an emergency so the ordinance can take immediate
effect.
With regard to the accuracy of what was provided to the public, Councilmember Buckshnis asked if the
attachment would be changed to what is included on packet page 20. Mayor Pro Tem Olson advised the
budget ordinance is included on packet page 20.
Councilmember Paine referred to page 248, the proposed resolution authorizing the use of General Fund
operating reserves for 2024 General Fund expenses, and asked if the blanks in the resolution would be filled
in before the council approves it tonight. Mr. Taraday said he was not sure the council needed to approve
the resolution tonight. The intention was to get as much information in front of the council as possible so
the December 27 meeting runs as smoothly as possible. At the time this resolution was prepared, he was
unsure if the tables would be complete. The tables are not complete so the blanks cannot be filled in.
Mayor Pro Tem Olson agreed there needed to be a number to fill in the blank. However, but for the blank,
she would have been ready and willing to approve the resolution so it should be an easy agenda item for
the December 27 meeting. Mr. Taraday suggested the resolution be forwarded to the Consent Agenda with
the blank filled in.
MAYOR PRO TEM OLSON MOVED TO PUT THE RESOLUTION ON THE CONSENT AGENDA
WITH BLANK FILLED IN.
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Packet Pg. 39
8.4.a
Councilmember Nand said she would have a level of comfort if Director Turley were here to answer
questions so it would be preferable to have the resolution on the agenda for full council.
7. ORDINANCE ESTABLISHING AUTHORIZED EMPLOYEE POSITIONS AND PAY
RANGES
Mayor Pro Tem Olson referred to the email she sent this afternoon to ensure the council was aware action
was not expected on this item tonight. The intention was to begin the discussion and understanding of this
big topic.
City Attorney Jeff Taraday explained every year when the council adopts the budget, it establishes the FTE
employee positions the mayor is authorized to fill. The council creates the positions, departments, number
of FTEs, etc. and having created those positions, the mayor has hire/fire authority related to those positions.
The mayor and/or department directors cannot create positions; that is a council purview. What is unwieldy
is the budget book has the positions scattered throughout. In the past, he has seen other cities and possibly
even Edmonds in the past have an ordinance that identifies all the positions in one nice, clean, easy to access
place where all the positions can be seen in one place. Given the City's current fiscal situation, he suggested
this be organized to group positions by fund so the council can hone in on which positions are funded by
the General Fund and which are not so when the council rolls up its sleeves next year and tackles the budget
in more detail, this would be a tool to identify General Fund positions, how many employees are in each
classification, etc. This ordinance provides that and also sets maximum hiring levels. That does not mean
the mayor has to fill all the positions; they can decided to leave some vacant. If at some point in the future
the council decides to reduce those maximum hiring levels, it would most cleanly be done via an amendment
to this ordinance. In the course of producing the table, finance identified one discrepancy that Police Chief
Bennett wants to speak to.
Chief Bennett explained in reviewing the budget, there are some discrepancies in personnel, specifically
the org chart in the budget shows only one assistant chief instead of two; the City has had two assistant
chiefs for 30 years. It was also discovered that there was one extra sergeant. It looks like possibly one of
the sergeant positions should have been converted to a commander position and a commander position
converted to an assistant chief position which would be the easiest way to solve this. It definitely needs to
be rectified because there are two assistant chiefs.
Assistant Chief Sniffen said the two assistant chiefs will have been in place 24 months in March and no one
has said anything to this point. He appreciated the efforts of finance and everyone working on this table as
it provides a solid mechanism with regard to FTEs. In reconciling the information for the police department,
there is one assistant chief, the six police officer positions that council authorized last year are not included
in the count, and there is one extra sergeant. Department staff want to ensure the numbers are correct before
council takes action.
Mayor Pro Tem Olson asked if the positions are funded in the General Fund for 2024 and beyond. Chief
Bennett answered it was her understanding they were; the council approved those additional six positions
in the previous budget year. There is one extra sergeant and the org chart in the budget book does not show
one assistant chief. She wanted to ensure that was rectified before any action was taken related to the
General Fund budget. Mayor Pro Tem Olson restated her question, she understood the org chart needed to
be changed, and asked whether the numbers assigned to the police department needed to be changed. Chief
Bennett answered the six officers were added to the budget when they were approved by the council, there
is one extra sergeant, and one assistant chief position is missing.
Mr. Taraday said he has been working with the police department and administrative services; he knew
about the assistant chief and sergeant discrepancy but did not know about the six officers until now. Staff
is not requesting council action tonight; it is just an introduction so if action is taken on December 27, it
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8.4.a
would not be the first time the council saw it. The City needs to be tidier with regard to how FTEs are
managed; this ordinance will help with that. With regard to those other positions, additional work perhaps
need to occur between police and administrative services and maybe even HR to get to a final version.
Clearly the next time the council sees this, it will show assistant police chief 2.0, not 1.0, and sergeant 7.0,
not 8.0 and perhaps other changes as well.
Councilmember Paine said she liked the order of operations: vacancy notification provided to council and
council confirmation followed by mayoral approval of recruitment to allow publication. As the table only
has a 1 FTE for assistant police chief and there are currently 2 FTEs, she suggested this be circulated to all
the directors to double check the numbers. She recalled two years ago when the two assistant police chiefs
were hired, structural changes were also made to add more depth at the top. With the discrepancies in the
police department, there may be discrepancies in other departments so it would be useful for the directors
to review it.
Councilmember Nand commented something more restrictive was contemplated when this was first
introduced to the PSPHSP committee which could have been considered a power shifting mechanism
between the council and the administration, specifically the mayor. She referred to a whereas clause on the
top of packet page 251, "WHEREAS, should it become necessary to defund or deauthorize the filling of a
particular position, it is intended that the FTE levels in this ordinance be adjusted in concert with an
associated budget amendment." It was her understanding the council already has the authority to defund
FTEs and asked if that language would require the ordinance be amended first and how do the budget book
and the ordinance interact.
Mr. Taraday answered one of the reasons this was created was because getting into budget book
amendments mid -year is not workable. He has seen other cities use a tool like this as a clearing house for
all the positions in the budget book. The idea going forward would be that this is the council's control
mechanism for establishing maximum staffing levels; the mayor has their own independent discretionary
authority to fill or not fill positions. Conceptually this is no different than what the council has done every
year when adopting the budget, but in the past the FTEs are all laid out in the budget book. To the extent
mid -year changes needed to be made, it would be very messy. This will be a lot cleaner and the way it is
organized will help the council analytically determine what if any changes to make.
Councilmember Nand referred to section 4 on packet page 251 that states, "This ordinance shall control in
the event of any conflict between this ordinance and the final budget book..." The final budget book is a
product of the administration, this ordinance is a framework established by the council. She asked if the
council approved an FTE that put the category for that position over the amount, that FTE would not be
legally authorized unless this ordinance was amended first. Mr. Taraday answered that was correct. As can
been seen by the discussion with the police department, he is recommending the City needs more structure
and formality related to position control; this ordinance will provide that.
Councilmember Nand said the crux of her concern is the police department, public works, and parks who
interface with vulnerable populations via direct services. She questioned whether this would take away
some of their nimbleness in the event mid -year budget amendments become politicized on the dais because
council does not have the boots on the ground knowledge that directors and the chief have. Mr. Taraday
asked if her concern was nimbleness related to hiring and firing. Councilmember Nand answered yes, she
was concerned about the power sharing shift. Mr. Taraday explained the mayor has never had the authority
to hire positions that the council hasn't authorized. This is just making it tidy and easily amendable.
Councilmember Nand provided the example of a major flooding of the seawall and public works needs
funding immediately, would this ordinance take away some of the nimbleness. Her concern was things can
get very drawn out on the dais. Mr. Taraday clarified this ordinance is just about establishing maximum
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Packet Pg. 41
8.4.a
staffing levels. Any time the council wanted to add an employee, there would need to be an ordinance
process anyway, whether it was a budget amendment ordinance or this type of ordinance. He did not think
it would bog things down and in fact anticipated the council would find it helped crystalize what changes
they want to make or not make.
Councilmember Nand said these were some of her lingering questions from the discussion at the PSPHSP
committee meeting. Mr. Taraday explained the ordinance presented at the PSPHSP committee was a
completely different ordinance than this one. That ordinance included a process for notifying council of
vacancies; the ordinance in this agenda item is not that ordinance. Councilmember Nand recalled with that
ordinance, there were concerns about bottlenecks, for example it would bog down the ability for the police
chief to make conditional offers in a timely fashion. She suggested getting feedback from the directors. She
found it odd to do this in a lame duck session before the new mayor is seated.
Councilmember Buckshnis agreed with Councilmember Nand that this is power grab for council. She
envisioned it would be very ineffective and inefficient if something needs to be done quickly. She
recognized attorneys like to do ordinances to wrap everything up in a bow and made things nice and tidy,
but from a common sense standpoint if the mayor needs a position filled now, it will have to come through
the ordinance amendment process at council. The issue this year has been vacancy rates which this does
not even address; it sets in stone a total FTE count for 2024 of 279.4 which is already inaccurate.
Mr. Taraday explained this is the easiest ordinance to amend that anyone could ever possibly conceive of.
All that would need to be done is to change the number on the table; it doesn't get any easier or faster. If
the mayor needed a new position, he could prepare an ordinance for council in 15 minutes. This will
streamline and make decision -making easier, not harder.
Councilmember Eck relayed her understanding the intention is not to damage anyone's ability to move
swiftly should there be an emergency; that recourse would the same as it is today. The ordinance just puts
visibility on the number of FTES and creates a helpful level set of where staff is right now. What the council
has heard tonight lends credence to the need for that. Once this is done, it would be easier to keep things
accurate and transparent so council is truly more aware of staffing statuses. Mr. Taraday answered that was
exactly the intention.
Mayor Pro Tem Olson commented the council can have an emergency meeting on Zoom with very little
notice, make a quick decision, and have it effective immediately via an emergency ordinance. She did not
see this ordinance clogging up the ability to respond if there was an emergency that required immediately
hiring a bunch of FTEs.
Councilmember Nand said while Mr. Taraday can draft an ordinance quickly, building a majority consensus
on the dais could be a protracted process. She appreciated the org chart aspect, particularly when the
PSPHSP committee is considering mid -year budget amendment that include enhancing or somehow
altering funding for a job description, benefits, etc. She was concerned this ordinance puts the council more
deeply into the political process. Mr. Taraday emphasized the ordinance in the packet, not the ordinance
discussed at the PSPHSP committee, does not change anyone's power, it just makes it cleaner and
condenses the information into a few tidy pages. No mayor has ever had authority to add positions without
council approval and that does not change.
Councilmember Nand anticipated a tandem discussion related to the mayor's authority to contract with
consultants. She envisioned that would be the next thing to address so she wanted council to understand the
political implications. Mr. Taraday said if the council decides at some point to reduce the mayor's
contracting authority, that would change the power dynamic a little bit. By state law, contract power is the
council's power and the council chooses how much of that power to delegate to the mayor.
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Packet Pg. 42
8.4.a
Councilmember Buckshnis referred to the pay ranges on the list of authorized FTEs, commenting the
council has no idea what those ranges are. She asked if the list would have to be amended any time an
employee got promoted and whether that would have to come to council for approval. Mr. Taraday
answered that is not the intent, but that is a good question. He will confer with finance whether the grade
column is the council approved range or if that is where the current employee is. The intention is there is a
council -approved range for each position and within that range, the administration and collective bargaining
agreements do what they do. It was not his intention that each promotion would require an amendment. He
advised there have already been changes made to the list in the attachment.
Councilmember Buckshnis said it is great that the list encapsulates everything, but she does not like the
power shift and the restrictions it places on the mayor or directors. It doesn't allow the administration to do
their own internal review before coming to council. She noted the salary ranges for the police chief and the
non -represented employees in the police department had not been reviewed. She did not object to the
position list and number of FTEs, but she was concerned the grade column would be difficult to keep
updated especially with collective bargaining agreements. Mr. Taraday answered if the list is prepared
correctly, the range will be set forward in the table; the range is not stated in dollars but references a chart
tied to COLA adjustments in collective bargaining agreements. The intention is the only time the ordinance
would need to be amended is when there is an increase or decrease in staffing.
Councilmember Buckshnis asked if parks had to come to council for seasonal employees. Mr. Taraday
answered seasonal employees were specifically exempted because they may not be impactful enough to
include.
Councilmember Paine asked how the council would track the fiscal impacts of decisions. The numbers can
be changed, but there needed to be a fiscal impact summary to describe the impacts to the budget of adding
or decreasing employees. She requested that be included so the council can understand the impacts which
would address Councilmember Buckshnis' question about dollars. Mr. Taraday clarified Councilmember
Paine's suggestion was if/when there was an amendment made, there would also be a fiscal impact
disclosure. Councilmember Paine agreed, suggesting the requirement for a fiscal impact summary when a
change occurs be included in the whereas clauses.
Councilmember Nand recognized it has been a very painful budget year and the council has come under
heavy criticism as the tax and spend council and this may be a reaction to address that. With the long term
budget strategy of shifting to a biennial budget and budgeting by priorities and seeing internal controls and
reporting mechanisms from policy within the administration, it may be better to have an overarching
strategy to ensure council is apprised of spending as conditions change rather than doing it in a piecemeal
fashion.
Mayor Pro Tern Olson advised no action was required on this item.
10. MAYOR'S COMMENTS
11. COUNCIL COMMENTS
Councilmember Buckshnis apologized there was an updated agenda packet that included the correct
ordinance. She thanked everyone for being her friends. She has always tried to base her decisions on what
she heard from citizens. There will be a get together in 2024; she requested nothing be done this year
because the budget process has been extremely tedious and there have been a lot of comments from citizens.
She noted she didn't even get to do a budget town hall this year because there was so much controversy
over the numbers. She wished everyone God Bless.
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8.4.a
Councilmember Eck expressed appreciation to Councilmember Buckshnis for her service to the
community, commenting they had not been able to work together except for tonight. She had the pleasure
of attending a couple of commission meetings recently, specifically the Diversity, Equity, Inclusion and
Accessibility Commission and the Historic Preservation Commission. She was reminded of the
commitment and passion of the volunteers and her own experience serving on boards and commissions and
how that was a fantastic way for people engaged in the community to contribute. She high recommended
residents check out the boards and commissions as a way to share and have a significant impact.
Councilmember Paine thanked Councilmember Buckshnis for 13 years of service to the community and on
council and expressed appreciation for all Councilmember Buckshnis has done. She expressed appreciation
for the community members who spoke tonight regarding the vandalism that occurred downtown. The
vandalism is troubling for the community, damaging to the businesses, and hurts people's hearts. The
vandalism creates tension and fear; it is not just the words, but also the intention. This big international
issue will not be solved in Edmonds, but people in Edmonds will be harmed by the vandalism and the
intention of the vandalism. She was sorry it happened here; hate has no home in Edmonds. She supported
embracing our friends and neighbors to ensure they feel safe and secure, recognizing it can be frightening.
She was sad the vandalism happen in Edmonds, noting it is also an opportunity to grown and become
stronger. She wished everyone a good holiday season, advising the council will meet again on December
27.
Councilmember Nand said she has received a lot of feedback from the Edmonds community and regionally
about the way antisemitism and Islamophobia have been impacting the lives of community members since
the October 7 attacks. It would be easy for her to say this is not my job and that she should not be
commenting on it, but she thought hard about her job as an elected official and concluded her job is to
elevate the voices of community members most impacted by trauma when very troubling world events like
terrorist attacks happen. She read the following statement:
I am speaking for myself as one of seven council members, a liberal, a pacifist, a Hindu, a student of
Mahatma Gandhi, and a follower of satyagraha, his philosophy of nonviolent resistance to injustice that
influenced the Reverend Dr. Martin Luther King Jr. in the Civil Rights Movement of the 1960s.
I originally began drafting this statement before the vandalism occurred in Edmonds because so many
community members were reaching out to the council and feeling their plight was not being seen within
the local community. That should never be the impression of any community members from city hall or
city council, that we don't care about what is happening to them. Just this weekend, a Shoreline resident
contacted me and told me that a neighbor told her off for putting a Menorah in her window and accused her
of using "Jew tape" to put up flyers about local Hanukkah events. She thanked me that someone in city hall
actually cared enough to hear her story.
I am not trying to share my personal opinion about the conflicts, about deep seated issues that are very
difficult to compress into a council statement. I would like to state affirmatively that no one should
experience fear in our community due to their religious or ethnic identity. I come from an Indian -American
Hindu family and I remember my mother's sheer terror after 9/11 when she did not want my sister or me
to leave the house all weekend because she was terrified that we would be attacked because we looked
Arabic.
In my opinion, antisemitism and Islamophobia in response to the war in Gaza is reprehensible. A number
of people have contacted me saying I should not make any statement about this because it is not a "local"
issue. I would like to highlight the lives of two local people; I would like to thank Dr. Jason Mayerfeld,
community activist Mario Brown, and Mukilteo City Councilmember Riaz Khan for providing me with
feedback and frank discussion on the contents of this letter. Councilmember Riaz Khan lost a family friend
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8.4.a
who had recently relocated from Washington State to Texas and was apparently stabbed to death on a lunch
break due to her Muslim religious identity. Dr. Talat Jehan Khan, a pediatrician and a wife and mother, was
murdered on October 28, 2023. Many people in our Puget Sound Muslim American community knew Dr.
Khan and were deeply affected by her killing.
Dr. Mayerfeld and the entire University of Washington political science department lost a young PH.D
graduate, Dr. Hayim Katzman, one of the 22 Americans killed in the October 7th attacks in Israel. Dr.
Mayerfeld, who personally knew Hayim, said that he had dedicated his life to studying the Arab-Israeli
conflict and attempting to find a peaceful solution to the hostilities. Hayim was in Israel volunteering with
groups that help Palestinians displaced by Israeli settlers when he was killed by Hamas combatants. In the
tradition of Mahatma Gandhi and the Reverend Dr. Martin Luther King Jr., in my opinion Hayim was a
warrior for peace. To anyone in our local community who experienced sorrow or terror after the killings of
Dr. Talat Khan and Dr. Hayim Katzman, I am mourning with you. I would like to emphasize that this is a
local issue because people in our local communities are hurting and they are mourning.
Councilmember Nand advised she had a fuller statement on her social media if anyone would like to read
it.
Mayor Pro Tern Olson explained the Received for Filing section of the agenda is basically a sharing of
information. Some people were concerned the council was passing the budget ordinance via an item under
Received for Filing tonight. That was not the case, it was just an advanced preview for council which could
have been provided via email but was included in Received for Filing so the community could also see it.
The numbers in the budget ordinance will be in the December 27 packet. She reiterated no action is taken
related to items on the agenda under Received for Filing, they are just for information.
Mayor Pro Tern Olson requested councilmembers submit to council's executive assistant as soon as
possible the boards and commissions they would like to be the liaison for. The council meeting on
December 27 is intended to be held via Zoom and not in person in council chambers.
Mayor Pro Tern Olson gave a big thank you and appreciation to her friend, colleague and mentor
Councilmember Buckshnis. She has done so much for the City as well as for her personally and she has a
heart full of gratitude for her and thanked her for everything she has done.
12. ADJOURN
With no further business, the council meeting was adjourned at 9:55 pm.
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December 19, 2023
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Packet Pg. 45
8.5
City Council Agenda Item
Meeting Date: 01/2/2024
Approval of Special Meeting Minutes December 27, 2023
Staff Lead: Council
Department: City Clerk's Office
Preparer: Scott Passey
Background/History
N/A
Recommendation
Approval of Council Meeting minutes as part of the Consent Agenda.
Narrative
Council meeting minutes are attached.
Attachments:
20231227 Special Meeting
Packet Pg. 46
8.5.a
EDMONDS CITY COUNCIL
SPECIAL MEETING
DRAFT MINUTES
December 27, 2023
ELECTED OFFICIALS PRESENT
Neil Tibbott, Mayor Pro Tern
Vivian Olson, Council President Pro Tern
Will Chen, Councilmember
Diane Buckshnis, Councilmember
Susan Paine, Councilmember
Chris Eck, Councilmember
Jenna Nand, Councilmember
ELECTED OFFICIALS ABSENT
Mike Nelson, Mayor
1. CALL TO ORDER
STAFF PRESENT
Dave Turley, Administrative Services Director
Jeff Taraday, City Attorney
Scott Passey, City Clerk
The Edmonds Special City Council meeting was called to order at 6:05 p.m. by Mayor Pro Tern Tibbott
virtually and in the City Council Conference Room, 121 — 5th Avenue North, Edmonds.
2. ROLL CALL
City Clerk Scott Passey called the roll. All elected officials were present with the exception of Mayor
Nelson.
3. APPROVAL OF AGENDA
COUNCIL PRESIDENT PRO TEM OLSON MOVED, SECONDED BY COUNCILMEMBER
PAINE, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED
UNANIMOUSLY.
4. APPROVAL OF CONSENT AGENDA ITEMS
A MOTION WAS MADE AND SECONDED TO APPROVE THE CONSENT AGENDA. MOTION
CARRIED UNANIMOUSLY. The agenda items approved are as follows:
1. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENT
5. COUNCIL BUSINESS
1. 2024 BUDGET ORDINANCE
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December 27, 2023
Page 1
Packet Pg. 47
8.5.a
Mayor Pro Tem Tibbott commented the council has done a great deal of work on the budget over the last
ten weeks.
Administrative Services Director Dave Turley advised this is the final budget ordinance for the 2024 City
of Edmonds budget. The mayor's budget was submitted to council over 12 weeks ago. In the three months
since the proposed budget was delivered, the normal process was followed to create the council's adopted
budget. During this time four public hearings were held and there were several hours of council
deliberations over several different council meetings. The ordinance is the final 2024 budget with all the
required schedules. Bringing this ordinance to council after all budget deliberations have been concluded
is in accordance with past practice and in accordance with the council's request. The RCW states the city
council must adopt a 2024 budget before the end of the year and he looked forward to accomplishing that
with council tonight. He thanked his staff and as well as staff in other departments for their hard work
answering literally dozens if not hundreds of council questions. Staff s recommendation is to approve the
2024 budget as included in tonight's council packet.
Mayor Pro Tem Tibbott commented the council has deliberated a great deal over the over past 10-12 weeks
and the amendments and additions have been carefully recorded and have been included in previous council
packets. Tonight's packet reflects the most up-to-date, carefully recorded representation of the budget
numbers along with estimates for the end of the year. As usual, the council has been provided the budget
ordinance and schedule for approval.
COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER NAND, TO
APPROVE AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF EDMONDS,
WASHINGTON, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2024 AND DECLARING AN
EMERGENCY.
Councilmember Paine echoed Mayor Pro Tem Tibbott's comments, the council has spent a lot of time
reviewing the budget and time is of the essence to approve the 2024 budget.
Councilmember Buckshnis said in good faith she cannot support the budget process. One only has to watch
last week's budget amendment process to see that expenses far exceed the revenues. She does not have
current financials but she provided information about the September run rate. She anticipated the City will
tap into contingency reserves next year. She believed the City will be in bad shape once the ARPA money
is depleted. She wished all the best of luck next year, and indicated she will vote no on the 2024 budget.
Councilmember Chen expressed appreciation to Director Turley and the accounting team for putting in
extra hours to get this product ready. To his knowledge, this was the fourth time a finished product had
been prepared documenting fund balances in this format. As Councilmember Buckshnis mentioned, the
City is still in a very difficult position in terms of meeting the reserve requirement and going into the new
year, the council will have to identify revenue sources and opportunities to reduce expenditures. He was
very happy with what has been presented under the current situation, so he will vote yes on the 2024 budget.
MOTION CARRIED (6-1) COUNCILMEMBER BUCKSHNIS VOTING NO.
2. RESOLUTION AUTHORIZING USE OF GENERAL FUND OPERATING RESERVES
FOR 2024 GENERAL FUND EXPENSES
Mayor Pro Tem Tibbott recalled this resolution was discussed in some detail at a previous council meeting.
He requested City Attorney Jeff Taraday provide a recap regarding the nature of the resolution.
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December 27, 2023
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Packet Pg. 48
8.5.a
Mr. Taraday explained this resolution authorizes use of General Fund operating reserves to support 2024
General Fund expenses. Using numbers in the ordinance that the council just adopted, it appears $6,091,403
of General Fund operating reserve will be used to support General Fund expenses. Not all of that is for 2024
alone, but calculating the ending fund balance and comparing it to what the fund balance reserve policy
would want it to be, the difference is $6,091,403. This resolution authorizes the use of those funds to support
2024 General Fund expenses.
COUNCILMEMBER ECK MOVED, SECONDED BY COUNCILMEMBER PAINE, TO ADOPT A
RESOLUTION BY THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
AUTHORIZING THE USE OF GENERAL FUND OPERATING RESERVES FOR 2024 GENERAL
FUND EXPENSES. MOTION CARRIED UNANIMOUSLY.
6. ADJOURNMENT
With no further business, the Council meeting was adjourned at 6:16 p.m.
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December 27, 2023
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Packet Pg. 49
8.6
City Council Agenda Item
Meeting Date: 01/2/2024
Approval of payroll and benefit checks, direct deposit and wire payments.
Staff Lead: Kimberly Dunscombe
Department: Administrative Services
Preparer: Lori Palmer
Background/History
Approval of payroll checks #65929 through #65930 dated December 20, 2023 for $2,986.36, direct
deposit for $882,565.65, benefit checks #65931 through #65937 and wire payments for $835,338.61 for
the pay period of December 1, 2023 to December 15, 2023.
Staff Recommendation
Approval of payroll and benefit checks, direct deposit and wire payments.
Narrative
In accordance with the State statutes, City payments must be approved by the City Council. Ordinance
#2896 delegates this approval to the Council President who reviews and recommends either approval or
non -approval of payments.
Attachments:
benefit checks summary 12-20-2023
payroll earnings summary 12-20-2023
Packet Pg. 50
Benefit Checks Summary Report
City of Edmonds
Pay Period: 1,109 - 12/01/2023 to 12/15/2023
Bank: usbank - US Bank
Check #
Date
Payee #
Name
Check Amt
Direct Deposit
65931
12/20/2023
bpas
BPAS
6,026.71
0.00
65932
12/20/2023
chap1
CHAPTER 13 TRUSTEE
175.00
0.00
65933
12/20/2023
epoa2
EPOA-POLICE
6,762.00
0.00
65934
12/20/2023
epoa3
EPOA-POLICE SUPPORT
1,030.76
0.00
65935
12/20/2023
icma
MISSIONSQUARE PLAN SERVICES
9,429.94
0.00
65936
12/20/2023
flex
NAVIA BENEFIT SOLUTIONS
4,463.50
0.00
65937
12/20/2023
teams
TEAMSTERS LOCAL 763
6,737.00
0.00
34,624.91
0.00
Bank: wire - US BANK
Check #
Date
Payee #
Name
Check Amt
Direct Deposit
3610
12/20/2023
awc
AWC
454,788.06
0.00
3614
12/20/2023
us
US BANK
175,051.95
0.00
3615
12/20/2023
mebt
WTRISC FBO #N3177B1
125,616.20
0.00
3617
12/20/2023
pb
NATIONWIDE RETIREMENT SOLUTION
4,585.00
0.00
3618
12/20/2023
wadc
WASHINGTON STATE TREASURER
39,967.49
0.00
3620
12/20/2023
oe
OFFICE OF SUPPORT ENFORCEMENT
705.00
0.00
800,713.70
0.00
Grand Totals: 835,338.61
0.00
8.6.a
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12/18/2023 Packet Pg. 51
Payroll Earnings Summary Report
City of Edmonds
Pay Period: 1,109 (12/01/2023 to 12/15/2023)
Hour Type Hour Class Description Hours Amount
111
ABSENT
NO PAY LEAVE
6.50
0.00
112
ABSENT
NO PAY NON HIRED
80.00
0.00
118
ABSENT
UNPAID L & 1
70.50
0.00
120
SICK
SICK LEAVE - L & 1
4.00
134.84
121
SICK
SICK LEAVE
920.50
47,943.76
122
VACATION
VACATION
692.00
36,574.32
123
HOLIDAY
HOLIDAY HOURS
92.25
3,708.20
124
HOLIDAY
FLOATER HOLIDAY
99.00
4,027.78
125
COMP HOURS
COMPENSATORY TIME
181.50
8,661.35
128
HOLIDAY
Holiday Bank WWTP
64.50
3,097.48
129
SICK
Police Sick Leave L & 1
83.00
4,576.79
135
SICK
WASHINGTON STATE SICK LEAVE
7.00
169.79
141
BEREAVEMENT
BEREAVEMENT
4.00
106.65
150
REGULAR HOURS
Kelly Day Used
122.00
5,614.83
153
HOLIDAY
HOLIDAY BUY BACK
20.00
1,361.55
155
COMP HOURS
COMPTIME AUTO PAY
80.78
4,749.89
157
SICK
SICK LEAVE PAYOFF
200.36
11,573.09
158
VACATION
VACATION PAYOFF
187.64
10,838.37
160
VACATION
MANAGEMENT LEAVE
112.00
9,171.89
190
REGULAR HOURS
REGULAR HOURS
19,772.35
996,066.19
193
REGULAR HOURS
LIGHT DUTY
35.00
1,743.42
194
SICK
Emergency Sick Leave
174.50
8,338.50
195
REGULAR HOURS
ADMINISTRATIVE LEAVE
26.00
1,982.05
210
OVERTIME HOURS
OVERTIME -STRAIGHT
15.75
726.76
215
OVERTIME HOURS
WATER WATCH STANDBY
48.00
3,236.91
216
MISCELLANEOUS
STANDBY TREATMENT PLANT
4.00
495.50
220
OVERTIME HOURS
OVERTIME 1.5
659.25
58,102.11
225
OVERTIME HOURS
OVERTIME -DOUBLE
37.00
3,502.67
400
MISCELLANEOUS
MISC PAY
0.00
2,000.00
410
MISCELLANEOUS
WORKING OUT OF CLASS
0.00
6,121.23
411
SHIFT DIFFERENTIAL
SHIFT DIFFERENTIAL
0.00
2,743.34
600
RETROACTIVE PAY
RETROACTIVE PAY
0.00
2,382.74
602
COMP HOURS
ACCRUED COMP 1.0
69.75
0.00
604
COMP HOURS
ACCRUED COMP TIME 1.5
181.75
0.00
606
COMP HOURS
ACCRUED COMP 2.0
1.00
0.00
12/18/2023 Packet Pg. 52
Payroll Earnings Summary Report
City of Edmonds
Pay Period: 1,109 (12/01/2023 to 12/15/2023)
Hour Type Hour Class Description Hours Amount
acc
MISCELLANEOUS
acs
MISCELLANEOUS
colre
MISCELLANEOUS
cpl
MISCELLANEOUS
crt
MISCELLANEOUS
ctr
MISCELLANEOUS
deftat
MISCELLANEOUS
det
MISCELLANEOUS
det4
MISCELLANEOUS
ed1
EDUCATION PAY
ed2
EDUCATION PAY
ed3
EDUCATION PAY
firear
MISCELLANEOUS
fmla
ABSENT
fmis
SICK
k9
MISCELLANEOUS
less
MISCELLANEOUS
Iq1
LONGEVITY
Ig11
LONGEVITY
Ig12
LONGEVITY
Ig13
LONGEVITY
Ig14
LONGEVITY
Iq2
LONGEVITY PAY
Iq3
LONGEVITY PAY
Iq4
LONGEVITY
Iq5
LONGEVITY
Iq7
LONGEVITY
mtc
MISCELLANEOUS
pfml
ABSENT
pfmp
ABSENT
pfms
SICK
pfmv
VACATION
phv
MISCELLANEOUS
sqt
MISCELLANEOUS
st
REGULAR HOURS
ACCREDITATION PAY
0.00
335.27
ACCRED/POLICE SUPPORT
0.00
245.87
Collision Reconstruction ist
0.00
54.76
TRAINING CORPORAL
0.00
201.58
CERTIFICATION III PAY
0.00
113.61
CTR INCENTIVES PROGRAM
0.00
240.00
DEFENSE TATICS INSTRUCTOR
0.00
94.36
DETECTIVE PAY
0.00
138.08
Detective 4%
0.00
972.90
EDUCATION PAY 2%
0.00
919.04
EDUCATION PAY 4%
0.00
575.92
EDUCATION PAY 6%
0.00
10,772.89
FIREARMS INSTRUCTOR
0.00
532.94
FAMILY MEDICAL/NON PAID
88.00
0.00
FAMILY MEDICAL/SICK
124.00
7,093.21
K-9 PAY
0.00
269.53
LESS LETHAL INSTRUCTOR
0.00
100.80
LONGEVITY PAY 2%
0.00
879.94
LONGEVITY PAY 2.5%
0.00
1,376.78
Longevity 9%
0.00
1,439.16
Longevity 7%
0.00
1,349.83
Longevity 5%
0.00
777.69
LONGEVITY PAY 4%
0.00
160.50
LONGEVITY 6%
0.00
278.67
Longevity 1 %
0.00
1,190.85
Longevity 3%
0.00
2,918.88
Longevity 1.5%
0.00
562.08
MOTORCYCLE PAY
0.00
138.08
Paid Family Medical Leave
8.00
0.00
Paid Familv Medical Unpaid/Sup
148.50
0.00
Paid FAMILY MEDICAL/SICK
55.50
2,737.74
Paid Familv Medical Vacation
20.00
996.24
PHYSICAL FITNESS PAY
0.00
2,132.00
ADMINISTRATIVE SERGEANT
0.00
219.02
Serqeant Pay
0.00
164.27
12/18/2023
Packet Pg. 53
Hour Type Hour Class
Payroll Earnings Summary Report
City of Edmonds
Pay Period: 1,109 (12/01/2023 to 12/15/2023)
Description
Hours Amount
str
MISCELLANEOUS
STREET CRIMES
0.00
219.02
traf
MISCELLANEOUS
TRAFFIC
0.00
262.90
vap
VACATION
Vacation Premium
7.00
273.19
24,502.88 $1,280,489.60
Total Net Pay: $885,552.01
8.6.b
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12/18/2023 Packet Pg. 54
8.7
City Council Agenda Item
Meeting Date: 01/2/2024
Approval of claim checks and wire payments.
Staff Lead: Dave Turley
Department: Administrative Services
Preparer: Nori Jacobson
Background/History
Approval of claim checks #260732 through #260798 dated December 28, 2023 for $224,328.32 (re-
issued check #260787 $942.01) and wire payments of $4,255.71 & $3,436.77.
Staff Recommendation
Approval of claim checks and wire payments.
Narrative
The Council President shall be designated as the auditing committee for the city council. The council
president shall review the documentation supporting claims paid and review for approval by the city
council at its next regular public meeting all checks or warrants issued in payment of any claim, demand
or voucher. A list of each claim, demand or voucher approved and each check or warrant issued
indicating the check or warrant number, the amount paid and the vendor or payee shall be filed in the
city council office for review by individual councilmembers prior to each regularly scheduled public
meeting.
Attachments:
Claims 12-28-23 agenda copy
Packet Pg. 55
8.7.a
apPosPay Positive Pay Listing Page: 1
12/28/2023 8:52:14AM City of Edmonds
Document group: jacobson
Vendor Code & Name Check # Check Date Amount
070322
A&A LANGUAGE SERVICES INC
260732
12/28/2023
1,070.00
065052
AARD PEST CONTROL
260733
12/28/2023
160.23
079486
ACRE ENVIRONMENTAL CONSULTING
260734
12/28/2023
5,220.00
079466
ADELIE DISASTER SOLUTIONS
260735
12/28/2023
7,000.00
069751
ARAMARK UNIFORM SERVICES
260736
12/28/2023
252.07
070305
AUTOMATIC FUNDS TRANSFER
260737
12/28/2023
522.06
018495
CALPORTLAND COMPANY
260738
12/28/2023
718.81
073029
CANON FINANCIAL SERVICES
260739
12/28/2023
1,017.01
077353
CAPITOL CONSULTING LLC
260740
12/28/2023
3,900.00
003510
CENTRAL WELDING SUPPLY
260741
12/28/2023
328.42
069457
CITY OF EDMONDS
260742
12/28/2023
496.60
019215
CITY OF LYNNWOOD
260743
12/28/2023
42,307.00
073737
CITY OF SEATTLE
260744
12/28/2023
1,900.00
073135
COGENT COMMUNICATIONS INC
260745
12/28/2023
661.59
073823
DAVID EVANS & ASSOC INC
260746
12/28/2023
4,963.20
075160
DIMENSIONAL COMMUNICATIONS
260747
12/28/2023
15,662.27
076172
DK SYSTEMS
260748
12/28/2023
1,167.15
068292
EDGE ANALYTICAL
260749
12/28/2023
540.00
079487
EDMONDS COOPERATIVE PRESCHOOL
260750
12/28/2023
950.00
076610
EDMONDS HERO HARDWARE
260751
12/28/2023
44.36
008705
EDMONDS WATER DIVISION
260752
12/28/2023
916.42
008812
ELECTRONIC BUSINESS MACHINES
260753
12/28/2023
35.93
079210
FIFTH ASSET INC
260754
12/28/2023
12,928.50
076374
FREEBORN, ROB
260755
12/28/2023
136.00
076932
GIRARD RESOURCES & RECYCLING
260756
12/28/2023
235.00
068617
GLEISNER, BARBARA
260757
12/28/2023
2,769.30
012199
GRAINGER
260758
12/28/2023
761.96
012560
HACH COMPANY
260759
12/28/2023
809.48
076240
HM PACIFIC NORTHWEST INC
260760
12/28/2023
554.80
061013
HONEY BUCKET
260761
12/28/2023
4,520.67
076488
HULBERT, MATTHEW STIEG
260762
12/28/2023
500.00
073548
INDOFF INCORPORATED
260763
12/28/2023
555.93
065980
INDUSTRIAL SOFTWARE SOLUTIONS
260764
12/28/2023
3,524.95
079227
JAMTOW N LLC
260765
12/28/2023
231.00
017135
LANDAU ASSOCIATES INC
260766
12/28/2023
3,496.25
075159
LIFE INSURANCE CO OF NO AMER
260767
12/28/2023
16,998.90
079481
MALAKOOTI TRANSLATING
260768
12/28/2023
130.00
079480
MARK, BENJAMIN
260769
12/28/2023
264.15
075746
MCMURRAY, LAURA
260770
12/28/2023
82.80
076902
OCCUPATIONAL HEALTH CTR OF WA
260771
12/28/2023
236.00
073714
OLBRECHTS & ASSOC PLLC
260772
12/28/2023
1,473.25
027060
PACIFIC TOPSOILS
260773
12/28/2023
1,264.25
072507
PEACE OF MIND OFFICE SUPPORT
260774
12/28/2023
236.00
064167
POLLARD WATER
260775
12/28/2023
157.68
046900
PUGET SOUND ENERGY
260776
12/28/2023
4,042.64
062657
REGIONAL DISPOSAL COMPANY
260777
12/28/2023
3,430.35
068657
ROBERT HALF
260778
12/28/2023
2,310.00
079019
ROOT AND LIMB YOGA
260779
12/28/2023
569.40
069477
ROTARY OFFSET PRESS INC
260780
12/28/2023
2,924.37
079174
SAVANNAH POWERS
260781
12/28/2023
318.50
036955
SKY NURSERY
260782
12/28/2023
193.02
066748
SNO CO DEPT OF INFO SERVICES
260783
12/28/2023
4,095.00
037375
SNO CO PUD NO 1
260784
12/28/2023
30,977.67
Page: 1
Packet Pg. 56
8.7.a
apPosPay Positive Pay Listing
12/28/2023 8:52:14AM City of Edmonds
Document group: jacobson
Vendor Code & Name Check # Check Date Amount
038410
SOUND SAFETY PRODUCTS
260785
12/28/2023
50.61
068439
SPECIALTY DOOR SERVICE INC
260786
12/28/2023
835.38
068439
SPECIALTY DOOR SERVICE INC
260787
12/28/2023
942.01
072074
SPRINGER EQUIPMENT SVCS LLC
260788
12/28/2023
847.72
065578
SYSTEMS INTERFACE INC
260789
12/28/2023
4,173.15
075025
THE BRANDING IRON LLC
260790
12/28/2023
453.05
027269
THE PART WORKS INC
260791
12/28/2023
31.02
079482
THE VIDAAGENCY
260792
12/28/2023
14,000.00
067216
VIKING AUTOMATIC SPRINKLER CO
260793
12/28/2023
6,889.02
067195
WASHINGTON TREE EXPERTS
260794
12/28/2023
4,309.50
065568
WATER SERVICES NW INC
260795
12/28/2023
112.71
069605
WEST COAST CODE CONSULTANTS
260796
12/28/2023
1,352.35
063008
WSDOT
260797
12/28/2023
44.04
011900
ZIPLY FIBER
260798
12/28/2023
668.83
GrandTotal:
225,270.33
Total count:
67
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Page: 2
Packet Pg. 57
8.8
City Council Agenda Item
Meeting Date: 01/2/2024
2024 Legislative Agenda
Staff Lead: Todd Tatum
Department: Community Services
Preparer: Todd Tatum
Background/History
Every year the City Council reviews and approves the City's Legislative Agenda for the upcoming
legislative session in the new year. This Agenda serves as guidance to our lobbyist in Olympia, as well as
a hand-out to share with legislators and their staff.
Staff Recommendation
Approve the Legislative Agenda
Narrative
The attached Legislative Agenda incorporates the changes from the December 19th City Council meeting
where it was presented.
Attachments:
2024 Edmonds Legislative Agenda
Packet Pg. 58
8.8.a
'Re. 199"
CITY OF EDMONDS
2024 STATE LEGISLATIVE AGENDA
Highway 99 Request
Request: Phase the $22.5 million allocated under the Move Ahead Washington
Transportation package in the 27-29 Biennium for the SR 99 Revitalization Project Stage 3.
a
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The City of Edmonds places a high priority on both safety and social and environmental justice
throughout our community. The Highway 99 Corridor and its surrounding neighborhoods have
historically been under -served, with lower levels of parks and public spaces, community
gathering facilities, and safe, multimodal transportation improvements.
In tandem with this Community Renewal Plan, the City will pursue multiphase transportation
improvements along the Corridor, costing upwards of $243 million, including accompanying
utility improvements. This significant public investment will also promote private investment
along the corridor, and bring needed jobs, affordable housing and services to an underserved
community of Edmonds.
Property Tax Cap
The current 1% property tax cap has created a structural gap in the city revenue and
expenditure model, resulting in a reliance on regressive revenues and artificially restricting the
use of property taxes to fund community needs. Revise the property tax cap to tie it to
inflation, up to 3%, and population growth factors, so that the city can adjust the local property
tax rate to better serve our community.
Packet Pg. 59
8.8.a
2024 Edmonds Legislative Agenda
Page 2 of 4
Edmonds Marsh
The Legislature in the 2023 Session approved a proviso for the duration of the 2023-2025
biennium that provided Edmonds first right of purchase of the former UNOCAL site when it
transfers to WSDOT. These provisions are in effect until 6/30/25. The clean-up process will take
through 2025, at which point title will transfer to WSDOT and a purchase by Edmonds may be
possible. The City will provide updates to legislators on the importance of this property to
watershed and salmon health in the region.
Environmental and Climate -Related Issues
Monitor and support potential environmental -protection measures, including those that would
enhance the Puget Sound ecosystem, reduces greenhouse gas emissions, and that reduces
waste and creates circular economies.
If funding is available from the Climate Commitment Act to support city priorities in carbon
reduction and/or improvements to climate resiliency, work with legislators for funding on the
following projects:
• Financial assistance programs such as low -interest loans or grants for installation of
solar energy projects and energy efficient equipment for affordable housing projects
• Financial assistance to develop a greenhouse gas tracking tool with a user-friendly
dashboard to show our progress against GHG reduction targets ($30,000).
Other Significant issues
1. Public safety
• Support legislation which modifies RCW 10.116.060 enacting a balance test where
the risks of pursuit cannot exceed the risks of the reason(s) for the pursuit.
• Support additional funding tools and resources for officer recruitment, retention,
and expand access to mandated training especially the Basic Law Enforcement
Academy, including more regional academies to get new officers on the street
faster.
2. Housing affordability & availability & accessibility
• Support a proactive approach to create new tools/incentives/revenues for cities
to use to support increasing housing supply and addressing affordability. Cities
need resources to encourage development of housing at all income levels and
particularly state funding to support housing for the lowest income levels.
• Support efforts to provide municipalities with tools to aid in community -oriented
development and account for the infrastructure costs of supporting such large
changes in housing policy.
• Support increased funding for the Housing Trust Fund.
Packet Pg. 60
8.8.a
2024 Edmonds Legislative Agenda
Page 3 of 4
3. Salmon Recovery and Puget Sound Watershed Health
Support key WRIA 8 salmon recovery Capital Budget funding programs:
i. Support $62 million for the Salmon Recovery Funding Board to fully
fund the agency request in the 2023-2025 biennium capital budget
Support $11.2 million for the Estuary and Salmon Restoration
Program to fully fund the agency request in the 2023-2025 biennium
and restore priority shoreline and nearshore habitats critical to
salmon and other species.
• Direct funding from State Climate Commitment Act — Natural Climate
Solutions Account (RCW 70A.65.270) to support:
i. Salmon habitat protection and restoration
ii. Regional stormwater management goals as defined by the King
a
County Stormwater Summit, including: 1) Stormwater parks that treat
polluted stormwater runoff, reduce water temperatures to support
CO
fish survival, and enhance access to open space and recreation
a,
opportunities in underserved areas; and, 2) Construction and
-J
operation of Green Stormwater Infrastructure (GSI) projects that
c
reduce flood risks, reduce water pollution, and enhance green spaces
in historically underserved communities. a
• Support state agency budget requests for monitoring salmon populations,
and for studies and management of issues affecting salmon survival
• Support Growth Management Act reforms that integrate salmon recovery
and climate change into comprehensive planning
• Support Growth Management Act reforms that integrate salmon recovery
and climate change into comprehensive planning
4. Transportation Funding
• Bicycle and Pedestrian Infrastructure and Policies — Using the Complete Streets
model, accelerate development of regional and local bicycle and pedestrian
corridors, associated infrastructure, policy, and data collection in order to
provide safe and efficient facilities.
• Support efforts to give Counties and Municipalities funding and options to
improve public transportation options, particularly in areas impacted by light rail.
It is critical to make investments in last mile transit options to maximize the
benefits of light rail in the region.
• Support efforts to expand funding options that support state and local
transportation needs with emphasis on preservation and maintenance to
prevent expensive replacement and repairs. Improve access to Climate
Commitment Act funding, including direct distributions, for city priorities that
support carbon reduction and climate resiliency.
Packet Pg. 61
8.8.a
2024 Edmonds Legislative Agenda
Page 4 of 4
5. Funding for arts and the creative economy
• Support measures to provide infrastructure funding to support arts organizations
and the creative economy.
• Engage in advocacy for the arts community during Arts, Heritage, and Science
week.
6. Behavioral health
• Support creating greater access to behavioral health services including substance
abuse treatment and dual diagnosis treatment facilities.
• Support continued state funding to help communities establish alternative
response programs like co -responder programs, diversion programs, and others
that provide options beyond law -enforcement for responding to situations with
a
individuals suffering from behavioral health issues.
y
7. Economic Development
• Support efforts to address immediate workforce needs and develop future v
pipeline through various programs, including apprenticeships in areas such as N
clean energy transition, childcare, and healthcare and nursing.
Packet Pg. 62
9.1
City Council Agenda Item
Meeting Date: 01/2/2024
Selection of Council President and Council President Pro Tem for 2024
Staff Lead: Council
Department: City Clerk's Office
Preparer: Scott Passey
Background/History
Each year the City Council selects a Council President and a Council President Pro Tem to serve for the
legislative year ahead.
Staff Recommendation
N/A
Narrative
The procedure for selection of the Council President is as follows:
The clerk will call for nominations. No Councilmember may nominate more than one person until every
member wishing to nominate a candidate has had an opportunity to do so. Nominations do not require
a second. The clerk will repeat each nomination until all nominations have been made. When it appears
no one else wishes to make a nomination, the clerk will ask again for nominations. If none are made, the
clerk will declare the nominations closed. After the nominations are closed, the clerk will call for a vote
in the order that the nominations were made. Councilmembers will be asked to signify their vote by
voice and raising their hand. As soon as a nominee receives four votes, the clerk will declare the Council
President elected and no votes will be taken on the remaining nominees. The same process will be
repeated for the election of the Council President Pro Tem.
Packet Pg. 63
9.2
City Council Agenda Item
Meeting Date: 01/2/2024
Resolution Appointing an Edmonds Representative to Participate in the Community Transit Board
Composition Review and Selection Process
Staff Lead: Scott Passey
Department: City Clerk's Office
Preparer: Scott Passey
Background/History
Community Transit's Board of Directors is the governing body for the agency, establishing policy,
funding authority, and legislative direction.
Community Transit bylaws require the cities of the Snohomish County Public Transit Benefit Area to
meet every four years to review the composition of the Community Transit Board, and every two years
to select the Community Transit Board of Directors.
Each city in Community Transit's Public Transportation Benefit Area and the Snohomish County Council
may appoint an elected official to represent it at the Composition Review. The representatives from the
cities will also be involved in the selection process.
Staff Recommendation
Adopt the attached resolution appointing an Edmonds representative to participate in the Community
Transit Board Composition Review and Selection Process
Narrative
Community Transit requires formal designation of the City of Edmonds representative who will
participate in the Composition Review and Selection Meeting to be held on Thursday, January 18, 2024.
Attachments:
Resolution Community Transit Board Composition Representative
Edmonds Mtg Invite Jan 18 2024
Packet Pg. 64
9.2.a
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDMONDS, WASHINGTON APPOINTING AN EDMONDS
REPRESENTATIVE AND AN ALTERNATE TO
PARTICIPATE IN THE SNOHOMISH COUNTY PUBLIC
TRANSPORATION BENEFIT AREA (COMMUNITY
TRANSIT) BOARD COMPOSITION REVIEW AND
SELECTION PROCESS
WHEREAS, Community Transit's Board of Directors is the governing body for the agency,
establishing policy, funding authority, and legislative direction; and
WHEREAS, Community Transit bylaws require the cities of the Snohomish County Public
Transit Benefit Area to meet every four years to review the composition of the
Community Transit Board, and every two years to select the Community
Transit Board of Directors; and
WHEREAS, each city in Community Transit's Public Transportation Benefit Area and the
Snohomish County Council may appoint an elected official to represent it at
the Composition Review. The representatives from the cities will also be
involved in the selection process; and
WHEREAS, Community Transit requires formal designation of the City of Edmonds
representative who will participate in the Composition Review and Selection
Meeting to be held on Thursday, January 18, 2024; and
WHEREAS, the City Council finds that the appointment of
best interest of the City;
would be in the
NOW, THEREFORE, the City Council of the City of Edmonds, Washington, hereby resolves as
follows:
Section 1:
is hereby appointed as the representative of the City of
Edmonds to participate in the Snohomish County Public Transportation
Benefit Area Corporation (Community Transit) Composition Review and
Selection process for the 2024-2025 biennium or until a new representative is
named.
Section 2: In the event that
is unwilling or unable to serve,
is hereby appointed as an alternate to serve on behalf
of the City for the 2024-2025 biennium or until a new alternate is named.
RESOLVED this 2nd Day of January, 2024.
Packet Pg. 65
9.2.a
APPROVED:
MIKE ROSEN, MAYOR
ATTEST/AUTHENTICATED:
CITY CLERK, SCOTT PASSEY
FILED WITH THE CITY CLERK: December 29, 2023
PASSED BY THE CITY COUNCIL: January 2, 2024
RESOLUTION NO.
Packet Pg. 66
9.2.b
EIIL com um nitytra It
November 13, 2023
Mayor Nelson and City Council Members
City of Edmonds
121 5th Ave N
Edmonds, WA 98020
Dear Mayor Nelson and City Council Members:
Community Transit's Board of Directors is the governing body for the agency, establishing policy, funding
authority, and legislative direction. Community Transit bylaws require the cities of the Snohomish County
Public Transit Benefit Area to meet every four years to review the composition of the Community Transit
Board and every two years to select the Community Transit Board of Directors. This letter explains the board
composition review and selection process and invites your city to send one elected official representative to
participate in this meeting.
Community Transit Board Composition Review and Selection Meeting
Thursday, January 18, 2024 at 3:00 p.m.
Community Transit Board Room
2312 West Casino Road I Everett, WA 98204
(in -person only, no remote option will be provided)
Each city in the Community Transit's Public Transportation Benefit Area and the Snohomish County Council
may appoint an elected official to represent it at the Composition Review. The representatives from the cities
will also be involved in the selection process. Please place this item on an upcoming City Council meeting
agenda.
Contact Rachel Woods, Executive Programs Manager, at executiveoffice@commtrans.org or 425-521-6158 by
January 11, 2024, with the name, email, and phone number of the selected elected official who will attend this
meeting on behalf of your city. Your representative will then receive participation details.
MEETING AGENDA
I. Board Composition Review
The Board of Directors consists of 10 members, 9 of whom are elected officials and voting members of the
Board. The composition of the Board of Directors is reviewed every four years per RCW 36.57A.055.
During the composition review, attendees will determine the Board composition. The Board of Directors is
currently composed based on a population classification as follows:
• (2) members and (1) alternate from the component cities with population of 35,000 or more;
• (3) members and (2) alternates from the component cities with population between 15,000 and 35,000;
• (2) members and an (1) alternate from the component cities with population less than 15,000;
• (2) members and their alternate from the Snohomish County Council; and
• (1) non -voting labor representative.
2312 W Casino Rd. Everett, WA 98204 ph (425) 348-7100 TTY Relay: 711 communitytransit.org
Packet Pg. 67
9.2.b
New population figures are provided by the state Office of Financial Management's official figures.
Representatives attending the meeting will determine the Board's composition for the next four years. Each
elected official representative attending the meeting is a voting member and will represent their city with one
vote. Those present shall be deemed a quorum.
II. Board Selection
Immediately following the Board composition review, an election will be held to determine the 2024-2025
Board of Directors and Board alternates. Representatives within the city population classification adopted at
the meeting will meet as a group and select their Board member(s) and alternate(s).
ENCLOSURES
To further understand Community Transit and the Board's role, please reference the enclosed Board member
roles and responsibilities, strategic priorities and Board bylaws. Our agency is guided by our vision, mission and
core values. We value and encourage diversity in our workforce as well as our Board of Directors. Those being
considered for the Board member role must disclose any personal situation which may have or give the
appearance of a conflict of interest, as stated in the agency bylaws (section 3.1.i).
Thank you in advance for participating in the composition review and selection of the Community Transit
Board of Directors. Please feel free to contact me with any questions.
Sincerely,
6�
Ric Ilgenfritz
Chief Executive Officer
Enclosures:
Board Member Roles & Responsibilities
Strategic Priorities
Bylaws
Packet Pg. 68
9.2.b
community-.�
Board Member Roles & Responsibilities transit it
The Board of Directors is the governing body of the Snohomish County Public Transportation Benefit Area
Corporation, Community Transit. There are nine voting members and one non -voting member of the Board
who provide policy, fiduciary, and legislative direction for the corporation.
Term: February 2024—January 2025.
Qualifications
Elected official selected by and serving on behalf of respective governing bodies of the component cities
and county within the area OR (1) non -voting member representing the collective bargaining units
Current Open Public Meetings Act training (can be obtained after being selected to the Board)
• No conflict of interest or appearance of a conflict of interest
Summary Responsibilities'
• Acting in the best interests of Community Transit, advocating issues that promote the corporation's
financial, operational, and organizational well-being
• Abiding by state and local laws regarding Board member conduct and protocol and the corporation's
bylaws, procedures, and board resolutions
• Regularly attending all scheduled Board meetings, workshops, and retreats
• Representing Community Transit's position to the public, in the Legislature and the community
• Selecting and evaluating the performance of the chief executive officer
• Ensuring strong fiduciary oversight and financial management, approving expenditures over $150,000
• Approving the annual budget, 6-year Transit Development Plan, service network, and agency fare policy
Meetings
• New Board Member Orientation (mutually agreeable date; 1 hour)
• 12 Regular Board Meetings per year
o First Thursday of the month, 3-5 p.m.
• 4 Quarterly Board Workshops per year
o Third Thursday of January, April, July and fourth Thursday of October 3-5 p.m.
• Monthly Board Standing Committee Meetings
o Serve on 1 or up to 2 Committees (determined by Chair)
Executive Committee (Chair, Vice -Chair, Secretary, immediate Past Chair)
■ Strategic Alignment and Capital Development Committee
■ Finance, Performance and Oversight Committee
• Board Retreat/Planning Meeting as determined by Chair
• Special meetings may be called from time to time as necessary
Compensation
• Each Board member is eligible to receive mileage and meal reimbursement.
• Board members who are not full-time elected officials are eligible to receive $90 per diem.
Our agency is guided by our vision, mission and core values. We value and encourage diversity in our workforce
as well as our Board of Directors.
1 See sec. 3.1 of Community Transit's Board Bylaws
Packet Pg. 69
9.2.b
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9.2.b
Adopted Feb. 11, 1976
Amended Dec. 14, 1983
Amended September 13, 1989
Amended February 1, 1996
Amended September 11, 2003
Amended February 3, 2005
Amended August 7, 2008
Amended September 2, 2010
Amended September 1, 2011
Amended March 6, 2014
Amended January 21, 2016
Bylaws of the
Snohomish County Public Transportation
Benefit Area Corporation
Article I. Name, Powers, Rights and Liabilities
Sec. 1.1 Name. The name of the municipal corporation duly established pursuant
to laws of the State of Washington shall be "Snohomish County Public Transportation Benefit
Area Corporation" hereinafter referred to as the "Corporation" or as Community Transit.
Sec. 1.2 Powers, Rights and Liabilities. By and in the corporate name, the
Corporation shall have and exercise all powers, functions, rights and privileges now and
hereafter given or granted to, and shall be subject to all the duties, obligations, liabilities and
limitations now and hereafter imposed upon municipal corporations of the same class by the
Constitution and laws of the State of Washington, and shall have and exercise all other powers,
functions, rights and privileges usually exercised by, or which are incidental to, or inhere in,
municipal corporations of like character and degree. The Corporation shall have all powers
possible to have under the Constitution and laws of this state.
Article II. The Governing Body - Board Composition
Sec. 2.1 Voting Members. The governing body of the Corporation shall be a
Board that includes nine voting members, all of whom shall be elected officials selected by and
serving at the pleasure of the respective governing bodies of the component cities and county
within the area. The voting membership of the Board shall be composed of the following
members:
a. Two (2) members and their alternate who are elected officials of the governing
body of the County.
b. The remaining seven (7) voting members of the Board shall be selected as
follows:
i. Two (2) members and one (1) alternate from the component cities with
populations of 35,000 or more.
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Community Transit's Board Bylaws
Last Amended January 21, 2016
9.2.b
ii. Three (3) members and two (2) alternates from the component cities with
populations between 15,000 and 35,000.
iii. Two (2) members and an alternate from the component cities with
populations less than 15,000.
iv. Such voting representatives to the Board shall be elected officials selected
by the governing body of the respective representative cities. The
selection of such members shall be elected by the elective representatives
of the same size cities the Board member is to represent. Such selections
shall be made during the months of January or February of each even -
numbered year as determined by the Chairperson. Such selected members
of the Board shall begin their term of office as a Board member at the first
meeting following their selection.
At the aforementioned January or February meeting, alternate Board
members shall be selected to serve on the Board in the event of a vacancy
on the Board or the absence of one of the regular Board members selected
pursuant to this subsection.
In the event of a vacancy on the Board created by one of the members selected pursuant to
this subsection, the representatives of cities which were so represented on the Board by the
vacant position on the Board shall meet as soon as it is feasible and select a representative to
fill the vacancy. In the interim, an alternate selected pursuant to this subsection may fill the
vacancy until a regular Board member is selected. Each such member of the Board shall hold
office until his successor has been selected as provided herein unless such person has been
ineligible to hold such position.
C. Cities Excluded from Direct Membership. Those cities within the
boundaries of the Corporation and excluded from direct membership on the Board are
authorized to designate a member of the Board who shall be entitled to represent the interest
of such city which is excluded from direct membership on the Board. The legislative body of
such city shall notify the Board as to the determination of its authorized representative on the
Board.
Sec. 2.2 Non -voting Board Member. There shall be one (1) non -voting
member who shall represent the collective bargaining units representing the public
employees of the Corporation. The bargaining units shall select the non -voting member as
prescribed in RCW 36.57A.050. Such selections shall be made during the months of January or
February of each even -numbered year as determined by the Chairperson: provided however the
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Community Transit's Board Bylaws
Last Amended January 21, 2016
9.2.b
selection of the initial non -voting member shall take place as soon as possible after the effective
date of the statutes providing for such non -voting member. Such selected non -voting member of
the Board shall begin their term of office at the first meeting following their selection.
In the event of a vacancy on the Board created by the aforementioned non -voting member,
the aforementioned procedure for selecting the non -voting member shall be followed to fill
the vacancy as soon as it is feasible.
Article III. Duties of the Board and Board Meetings
Sec. 3.1 Duties of the Board.
i. Duties of Voting Members of the Board
The voting members of the Board of the Corporation shall provide the policy and
legislative direction for the Corporation and its administrators. The voting Board Members
shall also abide by the following performance standards:
a. Voting members shall exercise their fiduciary duties through responsible use of the
Corporation's assets. Voting members shall transact the Corporation's business
promoting wise expenditures, prompt payment of debts, and in other ways safeguarding
the Corporation's assets from waste, abuse, theft, or other physical loss.
b. Voting members shall attend all scheduled Board meetings, workshops, and retreats,
unless excused. Three consecutive unexcused absences constitutes removal from the
Board. Voting members shall be informed and aware of issues affecting the Corporation.
c. Voting members shall effectively represent the Corporation's position to the public, in
the Legislature, and in the community. Voting members should not represent their own
opinion as the official position of the Corporation.
d. Voting members shall act in the best interests of the Corporation, supporting the agency
as Snohomish County's primary public transportation provider. Voting members shall
advocate issues that promote the Corporation's financial, operational, and organizational
well-being.
e. Voting members shall abide by all state and local laws with regard to Board member
conduct and protocol, as well as the Corporation's by-laws, resolutions, and procedures
f. All voting member requests for information that require significant research or staff time
shall be directed to the Chief Executive Officer (CEO). All requests shall be courteous
and concise. Voting members should clearly state the goal of their request so the
appropriate information can be supplied. Should the request be ambiguous in nature or
a
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9.2.b
require substantial time or resources, the item shall be brought to the Executive
Committee.
g. There shall be no communication between voting members and Corporation employees
or the non -voting member regarding negotiations or other personnel issues, except for the
staff of the Corporation who are responsible to represent the Corporation and the Board
in labor relations. If a Board Member is approached by an employee, the Board member
shall refer the individual to the CEO. There shall also be no contact between Board
Members and vendors or potential vendors that might create the impression of a conflict
of interest or any other inappropriate conduct. Contact includes, but is not limited to, the
receipt of gratuities and/or gifts of value.
h. A Board Member shall direct any allegation that another Board Member or the non-
voting member has violated these performance standards to the Chairperson of the Board
of Directors who shall direct the investigation of the allegation. The Chairperson of the
Board shall present the findings to the Executive Committee of the Board. If the
Executive Committee fmds that a violation has been committed, it may, in its sole
discretion, present the issue to the full voting members of the Board of Directors for
action. Action may include a reprimand or dismissal from the Board of Directors. If the
allegation is against the Chairperson of the Board, the Vice -Chairperson shall direct the
investigation as provided above. If the allegation is against a member of the Executive
Committee, the Executive Committee member shall be excused from the Executive
Committee's deliberations to determine whether the issue is submitted to the full Board
of Directors.
i. A Board member, when being considered for selection to the Board of Directors of
Community Transit, shall disclose any personal situation which may give the
appearance of having a conflict of interest. A conflict of interest may include, but is
not limited to, having a family member working for Community Transit, past
employment with Community Transit or contracting with Community Transit.
ii. Duties of The Non -Voting Member of the Board
The non -voting member shall abide by the following performance standards:
a. The non -voting member shall exercise their fiduciary duties through responsible
use of the Corporation's assets.
b. The non -voting member shall effectively represent the Corporation's position to w
the public, in the Legislature and in the community. The non -voting member c
should not represent their own opinion as the official position of the Corporation. E
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Community Transit's Board Bylaws
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9.2.b
c. The non -voting member shall attend all scheduled Board meetings, workshops, and
retreats unless excused. Three consecutive unexcused absences constitutes removal from
the Board. The non -voting member shall be informed and aware of issues affecting the
Corporation as provided in these Bylaws.
d. Such non -voting member shall act in the best interests of the Corporation, supporting the
agency as Snohomish County's primary public transportation provider. Such non -voting
member shall advocate issues that promote the Corporation's financial, operational, and
organizational well-being.
e. Such non -voting member shall abide by all state and local laws with regard to the
representative's conduct and protocol, as well as the Corporation's by-laws, resolutions,
and procedures.
f. Such non -voting member's requests for information that require significant research or
staff time shall be directed to the Chief Executive Officer (CEO). All requests shall be
courteous and concise. Such non -voting member should clearly state the goal of their
request so the appropriate information can be supplied. Should the request be
ambiguous in nature or require substantial time or resources, the item shall be brought to
the Executive Committee.
g. There shall be no communication between voting members and the non -voting member
regarding negotiations or other personnel issues. There shall also be no contact between
the non -voting member and vendors or potential vendors that might create the impression
of a conflict of interest or any other inappropriate conduct. Contact includes, but is not
limited to, the receipt of gratuities and/or gifts of value.
h. A voting member or non -voting member of the board shall direct any allegation that
another voting member or non -voting member has violated these performance standards
to the Chairperson of the Board of Directors who shall direct the investigation of the
allegation. The Chairperson of the Board shall present the findings to the Executive
Committee of the Board. If the Executive Committee finds that a violation has been
committed, it may, in its sole discretion, present the issue to the full voting members of
the Board of Directors for action. Action may include a reprimand or dismissal from the
Board of Directors. If the allegation is against the Chairperson of the Board, the Vice -
Chairperson shall direct the investigation as provided above.
i. A non -voting member of the board, when being considered for selection to the Board
of Directors of Community Transit, shall disclose any personal situation which may
give the appearance of having a conflict of interest. E
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Community Transit's Board Bylaws
Last Amended January 21, 2016
9.2.b
Sec. 3.2 Board Offices. The majority of the whole voting membership of the
Board shall select a Chairperson, a Vice Chairperson, and a Secretary from the voting
members. The officers shall hold office until the first Board meeting in the month of
February of each year. These officers may, if re-elected, serve more than one term.
Sec. 3.3 Meetings and Meeting Notice.
a. Regular Meetings. The time and place of regular meetings of the Board shall be
established by a resolution of the Board. Such resolution may also specify the
appropriate notification of such meetings.
b. Special Meetings. Special meetings may be called at any time by the Chairperson or
by a majority of the voting members of the whole Board. The notification of such
meetings must be delivered to each Board member and others requiring notification
under the State Statute (RCW 42.30.080) at least twenty-four (24) hours before the
time of such meeting unless otherwise provided for under the laws of the State of
Washington. The requirements of RCW 42.30.080 now and as hereafter amended
shall be adhered to regarding such meetings.
c. Executive Sessions (Meetings). The Board may hold executive sessions if such
sessions are not otherwise prohibited by State Statutes.
The Chairperson or the Acting Chairperson shall exclude the nonvoting member of
the Board from attending any executive session held for the purpose of discussing
negotiations with labor organizations. The Chairperson or the Acting Chairperson
may allow the nonvoting member to attend any other executive session. The decision
of the Chairperson or Acting Chairperson shall be final and binding. If the non-
voting member attends an executive session of the Board of Directors, such non-
voting member shall not disclose any information obtained in such executive session
to anyone and shall not use such information to further the interest, either directly or
indirectly, of any collective bargaining unit or employee(s) of the Corporation.
Sec. 3.4 Quorum. A majority of all the voting members of the Board shall
constitute a quorum for the transaction of business.
Sec.3.5 Parliamentary Procedure. All Board meetings shall be conducted
pursuant to the Rules of Order established by the presiding officer; provided that a majority of
the quorum may require that "Roberts Rules of Parliamentary Procedure" be applied to the
meeting procedures unless other procedures are required by these Bylaws or the laws of the
State of Washington.
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Community Transit's Board Bylaws
Last Amended January 21, 2016
9.2.b
Sec. 3.6 Board Acting as a Body. The Board shall take official action as a body
in making its decisions and announcing them. No member shall represent or act for the Board
without prior authorization of the Chairperson, the Executive Committee, or the Board except
as otherwise provided for in these Bylaws.
Sec. 3.7 Records of Board Meetings.
a. Minutes. The proceedings of the Board meetings shall be recorded and
maintained. The minutes shall consist primarily of a record of the action taken.
Prior to the adoption of the minutes, copies of the proposed minutes shall be
forwarded to all Board members prior to the next regular meeting for their
reference and/or correction. At the next regular meeting, the Board shall
consider the minutes for adoption or necessary corrections. A recording
secretary will be present at all open Board meetings unless otherwise directed
by the Chairperson, in which event the Chairperson shall designate another
Board or staff member to keep a record of the meeting. Copies of the adopted
minutes shall be forwarded to all Board members and to the component cities
and county.
b. Resolution. Every action of the Board of a general permanent nature and
every action otherwise required by State Statute shall be by Resolution or
Ordinance.
Sec. 3.8 Committees. The Chairperson, from time to time, shall appoint Board
members to serve on standing or special committees. If a non -voting member is appointed to
a committee, that non -voting member shall also be a non -voting member of the committee.
At the time of the appointment of such Board members, the Chairperson shall state the
objective of the committee and the date upon which a report shall be issued to the Board. The
Chairperson shall be an ex-officio member of all such committees. There shall be one
permanent standing committee, that committee to be the Executive Committee. The
membership of the Executive Committee shall consist of the Chairperson, the Vice
Chairperson, the Secretary, and the immediate past Chairperson. In the event there is no
immediate past Chairperson, the Chairperson shall select another Board member to be on the
Executive Committee.
Article IV. Duties of the Chairperson, Vice Chairperson, and Secretary
Sec.4.1 Duties of the Chairperson. The Chairperson shall preside at all
meetings of the Board. In the event of the Chairperson's absence or inability to preside, the
Vice Chairperson shall assume the duties of presiding over the meetings of the Board;
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Community Transit's Board Bylaws
Last Amended January 21, 2016
9.2.b
provided, however, if the Chairperson is to be permanently unable to preside, the Board shall
select a new Chairperson for the remainder of the Chairperson's term. The Chairperson shall
also exercise the duties set forth in Article III, Sections 3.l.i.h and 3.1.ii.g above.
Sec.4.2 Chairperson as Spokesperson. The Chairperson shall act as
spokesperson for the Board and shall act as its representative at meetings with other
organizations, committees, and other such activities unless such representative shall otherwise
be authorized by the Board; provided, however the Chairperson may delegate to any voting
Board member the duty of being a spokesperson or representative for the Board. The
Chairperson or his/her designated Board member acting as a spokesperson or representative
shall make no pronouncements that will obligate or commit the Board except as provided by
these Bylaws or pursuant to the authorization of the Board.
Sec. 4.3 Vacancy of Chief Executive Officer. In the event the position of Chief
Executive Officer is vacant, the Chairperson shall select an interim replacement subject to
approval by the voting members of the Board. Such interim replacement shall not be a Board
member and may or may not be a current employee. As soon as practicable following the
vacancy, the voting Board members shall initiate a recruitment process to select a new Chief
Executive Officer.
Sec. 4.4 Duties of Vice Chairperson. The Vice Chairperson shall perform the
duties and have the power of the Chairperson during the absence of the Chairperson. The Vice
Chairperson shall perform other duties and have other powers as might be delegated to him or
her by the Chairperson. The Vice Chairperson shall be a member of the Executive Committee
of the Board. The Vice Chairperson shall also exercise the duties set forth in Article III,
Section 3.l.i.h and 3.l.ii.g above.
Sec. 4.5 Duties of Secretary. The Secretary shall cause a record to be made of
all open meetings and to sign all documents requiring the Secretary's signature. The Secretary
shall be a member of the Executive Committee.
Article V. Chief Executive Officer
Sec. 5.1 Appointment and Removal of Chief Executive Officer. The Board
may appoint and remove the Chief Executive Officer with the affirmative vote of sixty percent
(60%) of the whole voting membership of the Board of Directors. The Chief Executive Officer
shall perform such administrative duties specified in these Bylaws and such other
administrative duties as may be designated from time to time by the Chairperson.
Sec. 5.2 Duties of the Chief Executive Officer. The powers and duties of the
Chief Executive Officer of the Corporation shall be:
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Community Transit's Board Bylaws
Last Amended January 21, 2016
9.2.b
a. To have general supervision over the administrative affairs of the
Corporation.
b. To appoint and remove all department heads.
c. To appoint and remove all other employees of the Corporation. However,
the voting Board members may cause an audit to be made of any
department or office of the Corporation and may select the persons to make
it, without the advice and consent of the Chief Executive Officer.
d. To attend all meetings of the Board at which his/her attendance may be
required by that body.
e. To recommend for adoption by the Board such measures as he/she may
deem necessary or expedient.
f. To prepare and submit to the Board such reports as may be required by the
Board or as he/she may deem it advisable to submit to the Board.
g. To keep the Board fully advised of the financial condition of the
Corporation and its future needs.
h. To prepare and submit to the Board a proposed budget for the fiscal year
and to be responsible for its administrative adoption.
i. To develop and implement policies and procedures to ensure
compliance with State public disclosure laws. Due to the size of
Community Transit it would be unduly burdensome to maintain an
index as provided in RCW 42.17.260.
j. To perform such other duties as the Chairperson or Board may
determine.
k. To determine conjointly with the Board appropriate performance
measurements/standards by which said Chief Executive Officer is to be
evaluated at least on an annual basis.
Article Vl. Attorney. The Board shall make provision for legal counsel to the Board and
the Corporation by any reasonable contracted arrangement for such professional services.
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Community Transit's Board Bylaws
Last Amended January 21, 2016
9.2.b
Article VII. Severability. If any provision of these Bylaws, or its application to any person
or circumstance is held invalid, the remainder of these Bylaws, or the application of the
provisions to other persons or circumstances, is not affected.
Article VIII. Amendments. These amended Bylaws, as adopted by the Board of the
Snohomish County Public Transportation Benefit Area Corporation, may be revised or
amended at any regular or special meeting of the Board by a vote of a two thirds (2/3rds) of
the whole voting membership of the Board; provided that copies of proposed revisions or
amendments shall be available to each Board member at least one (1) week prior to the regular
or special meeting at which proposed revisions or amendments are to be acted upon.
The foregoing amended Bylaws of the Snohomish County Public Transportation Benefit Area
Corporation, consisting of 10 pages, have been adopted and approved by the majority of the
whole voting Board on the _day of , 2016, and shall supersede all past Bylaws
or amended Bylaws of the Corporation.
Approved and passed this day of , 2016 .
ATTEST:
Councilmember Stephanie Wright, Secretary
APPROVED AS TO FORM:
Allen J. Hendricks, Attorney
Councilmember Mike Todd, Chair
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Last Amended January 21, 2016
9.2.b
ATTACHMENT ' A'
Governing Body - Board Composition:
A. Voting Members - Nine (9) voting members - all of whom shall be elected officials
selected by and serving at the pleasure of the respective governing bodies of the
component cities and county within the area composed as follows:
Two (2) council members and their alternate from Snohomish County;
Two (2) members and one (1) alternate from component cities with population of 35,000
or more - Edmonds, Lynnwood and Marysville.
Three (3) members and two (2) alternates from component cities with population between
15,000 and 35,000 - Arlington, Bothell, Lake Stevens, Mill Creek, Monroe, Mountlake
Terrace, and Mukilteo)
Two (2) members and an alternate from component cities with population less than 15,000
- Brier, Darrington, Gold Bar, Granite Falls, Index, Snohomish, Stanwood, Sultan, and
Woodway.
B. Non -voting Members - One (1) non -voting member of the Board of Directors selected by
the bargaining units pursuant to RCW 36.57A.050.
Revised 1/21/16
- 11 - Packet Pg. 81
9.3
City Council Agenda Item
Meeting Date: 01/2/2024
Ordinance Establishing Authorized Employee Positions and Pay Ranges
Staff Lead: City Attorney's Office
Department: City Council
Preparer: Beckie Peterson
Background/History
The Ordinance Establishing Authorized Employee Positions and Pay Ranges was introduced to Council
during the December 19, 2023 meeting. (minutes are included in this agenda packet's consent agenda
pending council approval).
Recommendation
Adopt ordinance establishing authorized employee positions and pay ranges.
Narrative
During the December 19 meeting, City Attorney Jeff Taraday recommended that the city establish more
structure and formality to its system of position control.
This proposed ordinance:
o Documents all positions approved by council
o Documents all positions that the mayor is authorized to fill
o Sets maximum hiring levels
o Is organized to show those positions that are 100% General Fund, those that are 33.3 -
66.6% General Fund, and those that are 0 - 33.3% General Fund
o Amendments to this ordinance will clearly document Council's additions or reductions
of FTE positions.
The proposed ordinance (attached) has been revised from what was presented in the December 19,
2023 meeting. The revisions are shown in red.
The first revision is Section 1 and corrects a typographical error.
The second and third revisions are in Attachment A of the ordinance, and address the discrepancy
discussed during the meeting of the Police Assistant Chief and Sergeant positions. This increases the
Police Assistant Chief positions from 1.0 to 2.0 and decreases the Sergeant positions from 8.0 to 7.0.
This adjustment will reconcile the FTE count to existing staff.
During the 2022 budget process and throughout 2022, there were several reorganizations to police
positions, resulting in this discrepancy. A Q1 2024 Budget amendment is anticipated to reconcile the
budgetary difference between positions.
Packet Pg. 82
9.3
What they currently
20N ADDroved have active
;east S
start Police Chief 1
imander 3
Attachments:
2024-01-02 ordinance establishing authorized positions with revisions
Packet Pg. 83
9.3.a
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ESTABLISHING AUTHORIZED EMPLOYEE
POSITIONS AND PAY RANGES
WHEREAS, pursuant to RCW 35A.11.020, "[t]he legislative body of each code city shall
have power ... to define the functions, powers, and duties of its officers and employees; ..., to
fix the compensation and working conditions of such officers and employees..."; and
WHEREAS, pursuant to RCW 35A.12.090, "[t]he mayor shall have the power of
appointment and removal of all appointive officers and employees;" and
WHEREAS, pursuant to RCW 35A.33.050, "[t]he salary or salary range for each office,
position or job classification shall be set forth separately together with the title or position
designation thereof. PROVIDED, That salaries may be set out in total amounts under each
department if a detailed schedule of such salaries and positions be attached to and made a part of
the budget document;" and
WHEREAS, pursuant to RCW 35A.33.105, "[n]otwithstanding the appropriations for any
salary, or salary range of any employee or employees adopted in a final budget, the legislative
body of any code city may, by ordinance, change the wages, hours, and conditions of
employment of any or all of its appointive employees if sufficient funds are available for
appropriation to such purposes;" and
WHEREAS, the City of Edmonds has historically adopted its budget at the fund level;
and
WHEREAS, the City of Edmonds budget book is typically finalized administratively
after adoption of the budget ordinance; and
WHEREAS, city council intends that the City of Edmonds budget book be conformed to
this ordinance, as it may be amended from time -to -time; and
WHEREAS, with respect to the employee positions that the mayor is authorized to hire,
this ordinance, as it may be amended from time -to -time, is intended to be the controlling
document; and
Packet Pg. 84
9.3.a
WHEREAS, should it become necessary to defund or deauthorize the filling of a
particular position, it is intended that the FTE levels in this ordinance be adjusted in concert with
an associated budget amendment; and
WHEREAS, the city council intends to use this ordinance to establish the number and
types of employee positions, wage and salary rates and ranges for all the city's employees;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. The number and titles of authorized Full -Time Equivalent employees (FTEs),
279.4
including full-time, part-time, regular, and temporary employees, shall be established at 297.4
FTEs, as detailed in Attachment A, which is attached hereto and incorporated herein by this
reference as if set forth in full. The mayor is authorized to hire only those authorized positions
shown on Attachment A and only pursuant to the salary ranges shown therein. The authority to
hire seasonal employees shall be provided by separate council action.
Section 2. This ordinance shall apply and continue in effect until amended by subsequent
ordinance of the city council.
Section 3. This ordinance, as it may be amended from time -to -time, shall be included as
an exhibit to every proposed and final budget book, PROVIDED THAT the city council need not
take annual action to re -adopt this ordinance unless it deems it necessary to change the number
and/or titles of authorized FTEs.
Section 4. This ordinance shall control in the event of any conflict between this
ordinance and the final budget book or any other action of the city council purporting to
authorize the hiring of employees. Nothing in this ordinance shall be construed to abrogate an
existing obligation of the City of Edmonds with regard to its various collective bargaining
agreements.
Section 5. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Packet Pg. 85
9.3.a
Section 6. Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum and shall take effect five (5)
days after passage and publication of an approved summary thereof consisting of the title.
APPROVED:
MAYOR MIKE NELSON
ATTEST/AUTHENTICATED:
CITY CLERK, SCOTT PASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
Im
JEFF TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
Packet Pg. 86
9.3.a
SUMMARY OF ORDINANCE NO.
of the City of Edmonds, Washington
On the day of , 2023, the City Council of the City of Edmonds, passed
Ordinance No. A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING SECTION _ OF THE
EDMONDS CITY CODE TO
The full text of this Ordinance will be mailed upon request.
DATED this day of
4840-7251-8158, v. 1
il
.2023.
CITY CLERK, SCOTT PASSEY
Packet Pg. 87
9.3.a
Funded Position FTE Grade Department
66.6%-100% General Fund (001) funded
Legislative/Executive Assistant 1.0 NR-33 Council d
Mayor 1.0 156,123 Mayor V
C
Executive Assistant to the Mayor
1.0
NR-34
Mayor
R
C
Human Resources Director
1.0
NR-44
Human Resources
Senior Human Resources Analyst
1.0
NR-34
Human Resources
0
Human Resources Analyst
0.6
NR-32
Human Resources
Safety & Disaster Coordinator
1.0
NR-34
Human Resources
C
Human Resources Assistant
1.0
NR-29
Human Resources
0
y
Human Resources Manager
1.0
NR-40
Human Resources
j
Court Administrator
1.0
NR-43
Court
Assistant Court Administrator
1.0
NR-37
Court
r
Lead Court Clerk
1.0
NE-29
Court
3
Court Clerk
4.0
NE-28
Court
y
C
Senior Probation Officer
1.0
NE-34
Court
C
:r
Probation Officer
1.0
NE-33
Court
y
City Clerk
1.0
NR-37
Administrative Services
Q
Deputy City Clerk
1.0
NE-31
Administrative Services
Senior Accounting Specialist
2.0
NE-31
Administrative Services
N
Administrative Assistant
1.0
NE-29
Administrative Services
p
Senior Office Specialist
1.0
NE-25
Administrative Services
Public Records Officer
1.0
NE-32
Administrative Services
c0
Public Records Assistant
1.0
NE-30
Administrative Services
C
Police Chief
1.0
PD-03
Police
t
Police Assistant Chief
2.0 1.0
PD-02
Police
N
Executive Assistant Confidential II
1.0
NR 35
Police
O
Executive Assistant Confidential 1
1.0
NR-33
Police
v
Police Commanders
3.0
PD-01
Police
N
d
Sergeant
7.0 8.0
NE-13
Police
v
C
Corporal
6.0
NE-12
Police
O
C
Police Officer
47.0
NE-9 - NE-11
Police
Police Crime Analyst
1.0
NE-11
Police
L
O
Senior Animal Control Officer
1.0
NE-11
Police
N
0
Animal Control/Ordinance Enforcement Officer
1.0
NE-10
Police
r
Parking Enforcement Officer
1.0
NE-6
Police
C
Senior Police Services Assistant
3.0
NE-8
Police
cV
0
Police Services Assistant
3.0
NE-7
Police
N
Property Officer/Evidence Technician
1.0
NE-9
Police
Domestic Violence Coordinator
1.0
NE-10
Police
N
Administrative Assistant
0.8
NE-6
Police
t
Police Public Disclosure Specialist
2.0
NE-10
Police
Community Engagement/Crime Prevention Coordinator
1.0
NE-11
Police
.r
Q
Community Services & Economic Development Director
1.0
NR-44
Community Services & Economic Development
Administrative Assistant
0.5
NE-29
Community Services & Economic Development
Packet Pg. 88
9.3.a
Funded Position FTE Grade Department
Community Services Program Coordinator 1.0 NE-33 Community Services & Economic Development
Arts & Cultural Services Program Manager 1.0 NR-35 Community Services & Economic Development y
Cultural Arts Program Specialist 1.0 NE-29 Community Services & Economic Development V
C
Communications Strategist/Public Information Officer
1.0
NE-35
Community Services & Economic Development
R
C
Diversity Commission Coordinator
0.3
x02
Community Services & Economic Development
Planning & Development Director
1.0
NR-44
Planning & Development
i
0
Code Enforcement Officer
1.0
NE-34
Planning & Development
Administrative Assistant
0.5
NE-29
Planning & Development
C
Building Official
1.0
NR-39
Planning & Development
0
y
Plans Examiner
2.0
NE-34
Planning & Development
>
Permit Supervisor
1.0
NR-32
Planning & Development
i
Senior Combination Building Inspector
1.0
NE-35
Planning & Development
r
Senior Permit Coordinator
2.0
NE-31
Planning & Development
3
Building Inspector
1.0
NE-33
Planning & Development
C
Planning Manager
1.0
NR-40
Planning & Development
O
Senior Administrative Assistant
1.5
NE-30
Planning & Development
y
Senior Planner
2.0
NR-35
Planning & Development
Q
Associate Planner
1.0
NR-33
Planning & Development
Planner
2.0
NR-32
Planning & Development
N
Urban Forest Planner
1.0
NR-35
Planning & Development
O
Associate Transportation Planner
1.0
NR-33
Planning & Development
Parks, Recreation, and Human Services Director
1.0
NR-44
Parks & Recreation
c0
Executive Assistant
1.0
NE-33
Parks & Recreation
C
Parks Maintenace Manager
1.0
NR-35
Parks & Recreation
t
Parks Maintenace Lead Worker
1.0
N
Parks & Recreation
N
Senior Parks Maintenance Worker
5.0
J
Parks & Recreation
O
Parks Maintenance Worker
8.0
1
Parks & Recreation
ul
Field Arborist
1.0
J
Parks & Recreation
N
d
Parks Maintenance Mechanic
1.0
K
Parks & Recreation
v
C
Deputy Parks & Recreation Services Director
1.0
NR-41
Parks & Recreation
Recreation Supervisor
1.0
NR-35
Parks & Recreation
'a
Recreation Coordinator
2.6
NE-33
Parks & Recreation
L
O
Environmental Education & Sustainability Coordinator
1.0
NE-34
Parks & Recreation
p
Senior Office Specialist
1.0
NE-25
Parks & Recreation
r
Program Assistant
1.0
NE-27
Parks & Recreation
09
Recreation Leader
1.2
NE-23
Parks & Recreation
cV
0
Interpretive Specialist
0.5
NE-23
Parks & Recreation
N
Youth Commission Coordinator
0.5
H13
Parks & Recreation
Human Services Program Manager
1.0
NE-36
Parks & Recreation
N
Parks Planner and Capital Projects Manager
1.0
NR-36
Parks & Recreation
Senior Administrative Assistant
1.0
NE-30
Public Works
c0
.r
Facilities Manager
1.0
NR-38
Public Works
Q
Lead Custodian
1.0
H
Public Works
Maintenance Custodian 2.0 E Public Works
Packet Pg. 89
9.3.a
Funded Position FTE Grade Department
Custodian 3.0 D Public Works
City Electrician 1.0 N Public Works y
Lead Building Maintenance Operator 1.0 M Public Works V
C
Building Maintenance Operator
3.0
J
Public Works
R
C
Total FTE count for positions that are 66.6%-100% General Fund (001) funded 178.9
i
O
33.3%-66.6% General Fund (001) funded
Senior Accountant
3.0
NE-37
Administrative Services
C
Administrative Services Director
1.0
NR-44
Administrative Services
0
y
Deputy Administrative Services Director
1.0
NR-41
Administrative Services
>
Public Works Director
1.0
NR-45
Public Works
i
Executive Assistant
1.0
NE-33
Public Works
r
Total FTE count for positions that are 33.3%-66.6% General Fund (001) funded
7.0
3
0%-33.3% General Fund (001) funded
C
Accountant
1.0
NE-36
Administrative Services
C
:r
Senior Accounting Specialist
1.0
NE-31
Administrative Services
y
Accounting Specialist
1.0
NE-30
Administrative Services
Q
City Engineer
1.0
NR-43
Public Works
Administrative Assistant
1.0
NE-29
Public Works
N
Capital Projects Manager
5.0
NR-36
Public Works
O
Transportation Engineer
1.0
NR-39
Public Works
Senior Construction Inspector
1.0
NE-35
Public Works
c0
Senior Utilities Engineer
1.0
NR-41
Public Works
C
Stormwater Engineer
1.0
NR-38
Public Works
t
Senior Stormwater Technician
1.0
NE-33
Public Works
N
Associate Engineer
1.0
NR-33
Public Works
Engineering Program Manager II
1.0
NR-38
Public Works
Engineering Technician III
2.0
NE-34
Public Works
d
Engineering Technician II
2.0
NE-32
Public Works
Senior Permit Coordinator
0.5
NE-31
Public Works
O
C
Public Works Record Administrator
1.0
New, No Grade available
Public Works
Asset/Project Management Specialist
1.0
NR-36
Public Works
L
O
Utility Locator
1.0
New, No Grade available
Public Works
p
Sewer Maintenance/GIS Worker
1.0
New, No Grade available
Public Works
r
Information Services Manager
1.0
NR-41
Administrative Services
09
Senior Information Systems Specialist
1.0
NE-36
Administrative Services
cV
0
Senior GIS Analyst
1.0
NE-36
Administrative Services
N
Systems Support Technician
2.0
NE-32
Administrative Services
Web Systems Analyst
1.0
NE-33
Administrative Services
N
Cemetery Sexton
1.0
L
Parks & Recreation
Senior Parks Maintenance Worker
1.0
J
Parks & Recreation
c0
.r
Parks Maintenance Worker
1.0
1
Parks & Recreation
Q
Environmental Program Specialist
1.0
NR-33
Public Works
Street/Storm Manager
1.0
NR-40
Public Works
Packet Pg. 90
9.3.a
Funded Position
FTE
Grade
Department
Stormwater Maintenance Lead Worker
1.0
N
Public Works
Senior Storm GIS Technician/Maintenance Worker
1.0
K
Public Works
y
Senior Storm Maintenance Worker
3.0
J
Public Works
V
C
Storm Maintenance Worker
3.0
I
Public Works
R
C
Street Maintenance Lead Worker
1.0
N
Public Works
Traffic Control Technician
1.0
L
Public Works
i
0
Senior Street Maintenance Worker -Cement Finisher
2.0
K
Public Works
Senior Street Maintenance Worker
4.0
J
Public Works
N
C
Street/Storm Maintenance Worker
1.0
I
Public Works
O
y
Water/Sewer Manager
1.0
NR-40
Public Works
>
Water Maintenance Lead Worker
1.0
N
Public Works
i
Senior Water Maintenance Worker
1.0
J
Public Works
r_
Water Maintenance Worker
4.0
1
Public Works
3
Senior Water Meter Reader
1.0
F
Public Works
y
C
Water Meter Reader
1.0
E
Public Works
C
:r
Water Quality Control Technician
1.0
L
Public Works
y
Sewer Maintenance Lead Worker
1.0
N
Public Works
O
Senior Sewer Maintenance Worker
5.0
K
Public Works
Sewer Maintenance Worker
1.0
1
Public Works
N
N
WWTP Manager
1.0
NR-41
Public Works
O
Office Coordinator
1.0
NE-30
Public Works
7
WWTP Pre -Treatment Technician
1.0
K
Public Works
c0
WWTP Water Quality Analyst
1.0
N
Public Works
C
WWTP Instrument Technician/Plant Electrician
1.0
L
Public Works
t
WWTP Plant Supervisor
1.0
NR-37
Public Works
N
WWTP Operator
11.0
J-N
Public Works
WWTP Maintenance Mechanic
2.0
J
Public Works
ul
Fleet Manager
1.0
NR-37
Public Works
N
d
Fleet Mechanic
3.0
K
Public Works
v
C
Total FTE count for positions that are 0%-33.3% General Fund (001) funded
93.5
:a
Total All Citv FTE Count
279.4
L
O
Packet Pg. 91
9.4
City Council Agenda Item
Meeting Date: 01/2/2024
Public Defense Contract Amendment
Staff Lead: Jessica Neill Hoyson
Department: Human Resources
Preparer: Jessica Neill Neill Hoyson
Background/History
The City has contracted for public defense services with the Snohomish County Public Defender
Association (SCPDA) since 2016. The public defense contract expired on 12/31/2023. This amendment
extends the contract for one year. SCPDA costs have increased due to employee costs. SCPDA salary
scales are in aligment with the roles and salaries at the Snohomish County Prosecutor's office. The
intent of this is to provide parity in salary in compliance with the indigent Defense Standard One. SCPDA
proposed a modest reduction in administrative costs in order to buffer some of the increased employee
costs. This change regarding public defense workload are based on the National Workload Study.
Kathleen Kyle from SCPDA will go over these new standards when she presents the contract
amendment.
The following changes are proposed in the amendment:
2024
January to September 2024
Oct to December 2024
1.75 Attorneys
2.75 Attorneys
Attorney/Month:
$20,598
$31,808
Invest/SW/Month:
$10,985
$10,985
Admin/Month:
$7,154
$7,154
Month Total I $38,738 $49,947
2023 Contract
2023
1.75 Attorneys
Attorney/Month:
$17,300
Invest/SW/Month:
$9,300
Admin/Month:
$9,690
Month Total:
$36,290
Staff Recommendation
Packet Pg. 92
9.4
Approve the contract with SCPDA for public defense services.
Narrative
Please see the attached original contract, contract amendment for one year, and powerpoint
presentation. Kathleen Kyle from the SCPDA will be presenting this information at the city council
meeting.
Attachments:
2024 contract renewal City of Edmonds
DRAFT Amendment No. 1 - SCPDA Indigent Defense Legal Services Agreement 12.6.2023 (002) (002)
2022-2023 SCPDA Agreement for Indigent Defense Services 2.1S.2022
Packet Pg. 93
IYL211T17f►..w
UnIrdcZ
P 1
-Presentation to the Edmonds City Council--
!_ - -= By Kathleen Kyle, S . - hom'r§h County Public Defender AssociationSC
,% . s•,..-.-f '
OR
- - - •py. _ .. - - -f, �._ `r',�., Vim, t-. ,' _ _ - .y, _ -
9.4.a
— The contract structure
is consistent with previous
agreements.
Employee Costs
Investigator and Social Worker Costs, compliance with RCW 10.101.060
Administrative Costs
Packet Pg. 95
9.4.a
Comparing 2023 and 2024 rates
zoza czi, czz, s cts
Attorney/Month: 11
Invest/SW/Month '► • 11
Admin/Month: '► • • • 1
Month Total: • • 1
Attorney/Mont 01 •
Invest/SW/Mon 401 • :
Admin/Month:
Month Total: :
Packet Pg. 96
2023 NATIONAL
WORKLOAD STUDY
Public Defender Workload authored by a consortium of national
organizations, including the American Bar Association, the National Center
for Courts, the Rand Corporation, etc
9.4.a
WSBA Public Defender Standards 0
Based on 1970s studies y
0
-150 felonies per year
-400 misdemeanors per year
250 juvenile criminal cases per year0
a
Packet Pg. 98
9.4.a
DUI - HIGH
DUI - LOW
MISDEMEANOR - HIGH
MISDEMEANOR -LOW
PROBATION VIOLATIONS
5 Misdemeanor Case Types
O
U
0
a
O
E
m
W
0
U
3
m
c
SD
L
rt+
V
R
L
r
C
O
(i
N
O
N
C
d
E
a
Packet Pg. 99
9.4.a
Case Weight Annual Caseload
Case Type (Hours per Case) Standard
Felony-High-LWOP
Felony -High -Murder
Felony -High -Sex
Felony -High -Other
Felony -Mid
Felony -Low
DUI -High
DUI -Low
Misdemeanor -High
Misdemeanor -Low
Probation;Pa role Violations
286.0
7
248.0
8
167.0
12
99.0
21
57.0
36
35.0
59
33.0
63
19.0
109
22.3
93
13.8
150
13.5
154
NOTE: Annual caseload standards were calculated using an assumption of 2,080 hours available
annually to a defender for case -related work.
L
_
0
U
d
N
_
0
a
0
E
M
W
4-
0
SD
3
m
_
L
rt+
V
R
L
_
0
(i
N
O
N
_
d
w
w
a
Packet Pg. 100
9.4.a
Incremental compliance with 2023 National Workload Study
01, 02, & 03
$20,598
$10,985
$3 8,73 8
$31,808
$10,985
$491947
Packet Pg. 101
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•
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9.4.b
AMENDMENT NO. 1
L
TO CITY OF EDMONDS AGREEMENT c
FOR INDIGENT DEFENSE SERVICES ci
m
WHEREAS, the City of Edmonds, a Washington municipal corporation (hereinafter 2
referred to as the "City"), and the Snohomish County Public Defender Association ("the o
"Contractor"), entered into an underlying agreement for the provision of indigent public defense .2
legal services dated April 1, 2022 (hereinafter referred to as the "Underlying Agreement"); and a
WHEREAS, Sections II and XXXIV of the Underlying Agreement provide for the
extension of the term and modification of any provision thereof with a written amendment signed
and endorsed by the parties; and
WHEREAS, the parties have agreed to extend the Underlying Agreement for one calendar
year from January 1 through December 31, 2024; and
WHEREAS, the parties have agreed to certain changes in the rates of compensation for
the work to be performed pursuant to the Underlying Agreement for 2024;
NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by
and between the parties thereto as follows:
1. The Underlying Agreement, which is incorporated by this reference as if fully set
forth herein, is amended in, but only in, the following respects:
1.1 Extension. Section II ("Duration of Agreement") of the Underlying Agreement is
hereby amended to read as follows:
This Agreement shall be effective April 1, 2022 and shall terminate on December
31, 2024, unless extended or terminated earlier in a manner permitted by this
Agreement.
1.2 Compensation. Section XXVII ("Compensation") of the Underlying Agreement is
hereby amended to add a new Subsection A.c. to read as follows:
c. 2024. The City shall provide to the Contractor for services rendered under this
Agreement the sum of THIRTY-EIGHT THOUSAND SEVEN HUNDRED
THIRTY-EIGHT DOLLARS ($38,738.00) per month from January 1, 2024
through September 30, 2024. Of this sum, TWENTY THOUSAND FIVE
HUNDRED NINETY-EIGHT DOLLARS ($20,598.00) is paid for attorney
compensation for 1.75 attorneys, TEN THOUSAND NINE HUNDRED
EIGHTY-FIVE DOLLARS ($10,985.00) is paid for provision of an
investigator and social worker services, and SEVEN THOUSAND ONE
HUNDRED FIFTY-FOUR DOLLARS ($7,154.00) is paid for administrative
expenses.
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9.4.b
The City shall provide to the Contractor for services rendered under this
Agreement the sum of FORTY-NINE THOUSAND NINE HUNDRED
FORTY-SEVEN DOLLARS ($49,947.00) per month from October 1, 2024
through December 31, 2024. Of this sum, THIRTY-ONE THOUSAND
EIGHT HUNDRED EIGHT DOLLARS ($31,808.00) is paid for attorney
compensation for 2.75 attorneys, TEN THOUSAND NINE HUNDRED
EIGHTY-FIVE DOLLARS ($10,985.00) is paid for provision of an
investigator and social worker services, and SEVEN THOUSAND ONE
HUNDRED FIFTY-FOUR DOLLARS ($7,154.00) is paid for administrative
expenses.
2. In all other respects, the Underlying Agreement between the parties shall remain in
full force and effect, amended as set forth herein, but only as set forth herein.
DATED this day of December 2023.
CITY OF EDMONDS
Michael Nelson, Mayor
ATTEST/AUTHENTICATED:
Scott Passey, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
SNOHOMISH COUNTY PUBLIC
DEFENDER ASSOCIATION
Kathleen Kyle, Managing Director
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9.4.b
STATE OF WASHINGTON ) L
ss c
COUNTY OF SNOHOMISH ) ci
m
On this day of 2023, before me, the under -signed, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally appeared o
Kathleen Kyle, Managing Director of the Snohomish County Public Defender Assodiation, .2
and executed the foregoing instrument, and acknowledged the said instrument to be her free and a
voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that she
was authorized to execute said instrument. o
WITNESS my hand and official seal hereto affixed the day and year first above
written.
NOTARY PUBLIC
My commission expires:
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9.4.c
CITY OF EDMONDS
AGREEMENT FOR INDIGENT DEFENSE SERVICES
This Agreement is entered into between the City of Edmonds, a Washington municipal
corporation, ("City") and the Snohomish County Public Defender Association ("Contractor").
I. DEFINITIONS
A. Attomey. Attorneys shall mean attorneys working for the Snohomish County Public Defender
Association, and where appropriate, shall include Rule 9 interns.
B. Case. A Case shall mean the filing of a document with the court naming a person as
defendant or respondent, to which an Attorney is appointed in order to provide representation. In
courts of limited jurisdiction multiple citations from the same incident can be counted as one
case.
C. Contractor. Contractor shall mean the Snohomish County Public Defender Association, and
shall mean each attorney working for the Contractor.
D. Defendant. Defendant shall mean a person charged with a misdemeanor or gross
misdemeanor offense that is filed by the City into the Edmonds Municipal Court, and for whom
the Contractor must provide services pursuant to Section III of this Agreement.
II. DURATION OF AGREEMENT
This Agreement shall be effective April 1, 2022 and shall terminate on December 31, 2023,
unless extended or terminated earlier in a manner permitted by this Agreement.
III. SCOPE OF WORK AND DUTIES OF CONTRACTOR
A. Criminal Defense Representation — To Whom Provided. Except in cases in which a conflict
of interest exists, Contractor shall provide criminal defense representation to the following:
1. All Defendants for which the Contractor has been appointed by the Edmonds Municipal
Court or City as attorney of record pursuant to the Court's or City's determination of
indigence of the defendant.
2. All suspects who are permitted access to a public defender while detained pursuant to an
investigation for any gross or simple misdemeanor being investigated by the City of
Edmonds Police Department, including, but not limited to: the offenses of driving under the
influence (RCW 46.61.502), driving under twenty-one consuming alcohol (RCW 46.61.503)
or physical control of a vehicle under the influence (RCW 46.61.504) for the purposes of
consulting with the Contractor prior to deciding whether to provide a sample of breath or
blood.
3. All persons who are not represented by private counsel and who appear for arraignment in
the Edmonds Municipal Court shall be entitled to an explanation of the rights, information
regarding maximum and minimum penalties if convicted and information regarding the
process and handling of the matter by the Edmonds Municipal Court.
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4. All Defendants who, while in the custody of the Snohomish County Jail or City of Lynnwood
Jail who are not represented by private or conflict counsel, who appear in court on charges
filed by the City of Edmonds, shall be entitled to the same level of contact as described above
in subsection 3.
B. Provisional and TemporM Appointments. Contractor shall be available to provide limited
representation on behalf of otherwise unrepresented Defendants at arraignments and during in -
custody hearings despite said Defendant not being appointed pursuant to a determination of
indigence.
If Contractor is appointed to a case pursuant to determination of indigence at an arraignment or
in -custody hearing, Contractor should not recommend a Defendant plead guilty without first
having reviewed discovery from the prosecuting attorney and adequately discussed the case in
private with the Defendant and any witnesses the Contractor deems necessary to make such
recommendation.
C. Representation Provided to Defendants Investigated for Gross Misdemeanor or Misdemeanor Crimes.
Current contractor shall be available 24 hours per day, seven days per week, by telephone for the
purposes of providing representation to otherwise unrepresented suspects or Defendants who are
in custody and under investigation for any gross or simple misdemeanor being investigated by
the City of Edmonds Police Department, including, but not limited to: driving under the
influence (RCW 46.61.502), driving under twenty-one consuming alcohol (RCW 46.61.503),
physical control of a vehicle under the influence (RCW 46.61.504) or any other misdemeanor or
gross misdemeanor. Contractor shall provide the Edmonds Police Department with telephone
numbers of its attorneys that provide direct access to the attorneys, and shall keep such telephone
numbers up to date. Contractor may designate times in which specific attorneys may be reached,
and shall provide the numbers of alternate attorneys if the designated attorney cannot be reached.
D. Duration of Representation of Defendant. In cases in which the Contractor is appointed as
attorney of record, and unless Contractor is permitted by the court to withdraw at an earlier time,
Contractor shall represent the defendant at all stages of the criminal process, from the time of
appointment as attorney of record through the appeals process (provided that funding for appeals
beyond superior court shall be pursuant to the terms of Title 15 of the Rules of Appellate
Procedure), as well as during any period in which the court retains jurisdiction over the terms
and conditions of any sentence or deferral.
E. Anticipated Attorney Caseload. The parties anticipate that 650 cases will be assigned to
Contractor annually and that one and three quarter attorney positions be assigned to these cases.
F. Fundraising. Contractor will assist the City in raising funds to assist with the costs of its
public defense services. Such assistance will include, but may not be limited to, applying for
State grant funds. The City will make all reasonable efforts necessary to assist Contractor in this regard.
IV. APPEARANCE AT HEARINGS
Contractor shall appear at all hearings scheduled by the Edmonds Municipal Court in which it
represents Defendants, as well as all arraignment calendars and all in -custody calendars.
Contractor shall provide a sufficient number of attorneys at the various court calendars to ensure
that Defendants have a sufficient amount of time to consult with the Contractor's attorneys prior
to each defendant's case being heard, and to ensure that the court calendars are not delayed due
to insufficient staffing of Contractor's attorneys at the calendars.
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9.4.c
V. REPRESENTATION OF DEFENDANTS WHILE ON THE RECORD
Contractor shall be with and actively representing an appointed Defendant at all times while the
appointed Defendant's case is considered on the court record, and shall adequately inform the
Defendant of the developments in his or her case such that the Defendant proceeds during any
court hearing in a knowing, intelligent, and voluntary manner.
VI. DEFENDANT ACCESS TO CONTRACTOR
A. Contact Prior to Court HearinPs. Contractor shall be available to appointed Defendants to
ensure that appointed Defendants are provided with effective assistance of counsel. Defendant
access to the Contractor prior to court hearings is paramount. Contractor shall endeavor to confer
with appointed Defendants about cases prior to court hearings.
B. Toll Free Calls. Appointed Defendants shall be provided access to the Contractor by means of
a toll -free local call made available by the Contractor.
C. Time to Respond. Contractor shall respond to defendant inquiries within a reasonable time to
ensure the effective assistance of counsel, whether such inquiries are received by letter,
telephone, email, or otherwise.
D. Local Office Required. At all times during the term of this Agreement, Contractor shall
maintain an office at its current location or within 5 miles of either the Edmonds Municipal
Court or the City of Edmonds. The office of the Contractor shall accommodate confidential
meetings with Defendants, shall be equipped with telephone, facsimile, and internet services,
shall receive adequate cellular telephone service, and shall be the location at which mail and
service of process is received.
E. Availability for and Contact with In -Custody Defendants. Contractor shall evaluate the cases
of all appointed Defendants in the custody of the Snohomish County Jail or City of Lynnwood
Jail prior to the time of the Defendant's trial, and shall meet with such in -custody Defendants as
the Contractor deems appropriate for providing effective assistance of counsel. At a minimum,
Contractor shall meet with all appointed misdemeanant Defendants who are in -custody within
two (2) business days of the Contractor being notified of its appointment as that defendant's
legal representative. In addition, Contractor shall schedule no less than two periods of time each
week in which to meet with appointed Defendants who are in the custody of the Snohomish
County Jail or City of Lynnwood Jail. These two periods of time shall be for the purposes of
responding to inmate requests, responding to letters and telephone calls, and preparing for the
defense of the jailed Defendants. These two periods shall be separate in time, not necessarily in
days, from court hearings held at the Snohomish County Jail or City of Lynnwood Jail.
VII. QUALITY OF REPRESENTATION
Contractor shall provide services in a professional and skilled manner consistent with
Washington's Rules of Professional Conduct, applicable case law, the Constitutions of the
United States and Washington, and the court rules that define the duties of counsel and the rights
of defendants. Contractor shall be familiar with and comply with the New Standards for Indigent
Defense as adopted by the Washington State Supreme Court on June 15, 2012, and as thereafter
amended (hereafter "the Indigent Defense Standards"). At all times during the representation of
a defendant, the Contractor's primary responsibility shall be to protect the interests of the
defendant.
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9.4.c
VIII. QUALIFICATIONS OF CONTRACTOR ATTORNEYS - TRAINING
A. Qualifications. All attorneys employed by Contractor for the purposes of providing the
services called for in this contract shall, at a minimum, satisfy the minimum qualifications to
practice law as established by the Washington Supreme Court; be familiar with and follow the
statutes, court rules, case law and constitutional law applicable to misdemeanor criminal defense
work in the state of Washington; be familiar with and abide by Washington's Rules of
Professional Conduct; be familiar with and abide by the Indigent Defense Standards; be familiar
with the consequences to each particular defendant of any conviction or adjudication including
but not limited to jail time, financial penalties, restitution, mental health or drug and alcohol
treatment obligations, license suspensions, and immigration or civil commitment implications; be
familiar with mental health and substance abuse issues applicable to each defendant; be able to
recognize the need for expert services including but not limited to investigators; and be able to
satisfy the terms and conditions of this Agreement.
B. Training. For each attorney of the Contractor providing services under this Agreement, a
minimum of seven (7) hours of reportable continuing legal education credits per year shall be in
the areas of criminal defense law, criminal process, trial advocacy, legal writing, appellate work,
law practice management, or any other subject that, in the opinion of the Contractor, is
applicable to providing criminal defense services. If Contractor employs more than seven (7)
attorneys, Contractor shall conduct in house training pursuant to the Indigent Defense Standards.
IX. USE OF RULE 9 INTERNS
A. Workload of Rule 9 Interns. Contractor may employ interns qualified under Admission to
Practice Rule 9 who perform work pursuant to this Agreement. Rule 9 interns shall remain
under the supervision of the Contractor, and an attorney for Contractor shall remain responsible
for the cases for which the Rule 9 provides services. Any applicable case load limits for full time
Rule 9 Interns who have not graduated from law school shall be one quarter (1/4) of the case
load limit of an Attorney working the same number of hours.
B. Qualifications of Rule 9 Interns. Rule 9 interns shall be required to abide by Sections VII and
VIII except that Rule 9 interns shall not be required to complete the training requirements of
Section VIII, and in place of the requirement to satisfy the minimum qualifications to practice
law as established by the Washington Supreme Court, the Rule 9 intern must comply with the
provisions of APR 9. Rule 9 interns shall be closely monitored by the more senior attorneys of
the Contractor.
X. DISCOVERY TO BE PROVIDED
The City's Prosecuting Attorney's Office shall provide Contractor one (1) copy of all
discoverable material concerning each assigned case pursuant to the rules of discovery and
without charge as soon as possible after appointment. For those individuals who are held in
custody, discovery shall be provided within one (1) business day.
XI. NUMBER OF ATTORNEYS EMPLOYED
Contractor shall employ a sufficient number of Attorneys to comply with caseload limits.
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9.4.c
XII. CASELOAD LIMITS PER FULLTIME EQUIVALENT POSITION
A. Caseload Limits in General. Contractor shall maintain a caseload such that it can provide each
and every Defendant effective assistance of counsel as required by this Agreement. Subject to
the remaining subsections of this section, a fulltime equivalent attorney position should be
appointed to no more than 400 unweighted cases per year.
B. Case Defined. For the purposes of this section, the term "case" shall mean a group of
criminal charges related to a single incident filed against a Defendant to which an Attorney is
appointed pursuant to a finding of indigence.
C. Caseload Limit Reduction. Each Attorney's caseload limit shall be reduced by the
approximate percentage of time the Attorney spends representing private clients or defendants
that have not been formally appointed pursuant to a finding of indigence.
D. Alternative Caseload limits and Case Weighting. In the event the City or Contractor
determine that it is necessary or advisable to use a caseload limit that differs from the case load
limits specified in this section, either party may propose to the other an alternative standard for
caseload limits so long as such standard is fully consistent with the Indigent Defense Standards.
If the parties agree the proposed alternative standard is fully consistent with the Indigent Defense
Standards and such alternative standards do not create an undue administrative burden on either
party, the alternative standard shall be formally approved by the Contractor and the City's Mayor
and incorporated within this Agreement.
E. Post -Sentence Representation. All post -sentencing hearings will be counted as part of
Contractor's continuing representation of Defendants as set forth in Section III, above. All new
clients appointed to Contractor at post sentencing -review hearings will be counted as one case.
F. RALJ and Writ Representation. Each RALJ appeal shall count as six (6) cases. Each writ
shall count as three (3) cases.
XIII. COMPLIANCE WITH INDIGENT DEFENSE STANDARDS
A. Caseload Monitorinz. Contractor shall continually monitor the caseload and performance of
Contractor as a whole and each attorney providing services pursuant to this Agreement.
Contractor shall provide projections at least three months in advance regarding the caseload
limits based upon the number of attorneys employed by Contractor and trends in case filings.
B. Caseload Level Shifting. In the event an attorney is handling a caseload such that the attorney
is unable to provide effective assistance of counsel to each and every defendant or is otherwise
on track to exceed his/her caseload limit, Contractor shall reduce the caseload of that attorney,
and shift the reduced portion of the caseload to another Attorney employed by the Contractor.
C. Certification of Compliance. Each Attorney shall be in compliance with and shall certify
compliance with the Indigent Defense Standards to the Snohomish County South District Court
and the Edmonds Municipal Court on a quarterly basis or more frequently as required by the
Indigent Defense Standards and in the form required by the Indigent Defense Standards.
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XIV. EXPERTS AND INVESTIGATORS
Contractor may retain experts and investigators of the Contractor's choosing as deemed
necessary to the effective defense of the defendant, and may apply to the court for such services
pursuant to applicable court rules. The fees for expert witnesses shall be included in the costs
that the City pays Contractor except as ordered by the Court pursuant to CrRLJ 3.1(f).
The Contractor shall retain an investigator of its choosing as deemed necessary for the effective
defense of the defendant, this cost shall be part of the flat fee set forth in this agreement.
XV. COSTS OF TRANSCRIPTION
The City agrees to reimburse the Contractor for all reasonable costs associated with obtaining
and transcribing trial court records for appeal purposes if such costs have not been waived.
XVI. CONFLICTS OF INTEREST
Contractor shall maintain a database of client information sufficient for the Contractor to
determine the existence of any conflicts of interest. In the event representation of a defendant
would constitute a conflict of interest, Contractor shall take such action as is appropriate
pursuant to the Rules of Professional Conduct. In the event the Contractor is disqualified or
excused as counsel of record due to a conflict of interest, Contractor shall not be required to pay
any compensation to another attorney assigned to represent the defendant.
XVII. INTERNAL PERFORMANCE MONITORING AND ATTORNEY SUPERVISION
Contractor shall establish a program for managing the performance of attorneys who provide the
services called for in this Agreement. The performance monitoring program shall have the
purpose of ensuring that each defendant receives effective assistance of counsel, and the terms
and conditions of this Agreement are met. Contractor shall provide the City with a blank copy of
the performance evaluation form used and report to the City on an annual basis whether it has
conducted annual evaluations of attorneys who provide services under this Agreement.
XVIH. REMOVAL OF ATTORNEY
A. Removal by Contractor. In the event Contractor determines, through its internal performance
monitoring and attorney supervision program that an Attorney or Rule 9 intern working for
Contractor fails to comply with the terms of this Agreement, then Contractor shall immediately
take action to prevent that Attorney or Rule 9 intern from providing the services called for in this
Agreement.
B. Recommendation of Removal by City. In the event the City determines that an attorney
working for the Contractor has breached this Agreement, the City may, at its sole discretion and
as an alternative to termination of this Agreement, require Contractor to take action to prevent
that attorney from providing the services called for in this Agreement or otherwise cure the
breach.
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XIX. CITY CONTRACT ADMINISTRATOR — CONTRACT OVERSIGHT
The City intends to engage the services of a Public Defense Assessor to manage and monitor this
Agreement. All reports or certifications required by this Agreement shall be delivered to the
Public Defense Assessor at the address set forth in Section XXXIII below. To assist the Public
Defense Assessor in managing and monitoring this Agreement, Contractor shall, in addition to
providing the reports set forth in Section XX below, report to the Public Defense Assessor any
disciplinary action by the Washington State Bar Association against an attorney providing
services under this Agreement, and any finding by a court that any such attorney has provided
ineffective assistance of counsel.
XX. REPORTS OF CONTRACTOR
Contractor shall maintain a case reporting and case management information system, and shall
submit reports to the City's Public Defense Assessor as follows:
A. Reports shall be submitted on a no less than a quarterly basis and shall be a condition of
payment pursuant to Section XXVII.
B. Reports shall contain the following information:
1. The names of defendants to which Contractor was appointed during the reporting period, the
charges, and the associated case numbers;
2. The date of appointment;
3. The case weight assigned to the case if a case weighting system has been approved and
implemented;
4. The number of appellate level cases pending;
5. Copies of the most recent Indigent Defense Standards Certifications filed with the Court by
each Attorney providing services under this Agreement;
6. Information on Contractor's caseload distribution;
7. Information on Contractor's case supervision;
8. The number of pending trials and the type(s) of charges to be addressed in each;
9. The number of substantive motions undertaken;
10. The number of hours spent by each attorney on each of their cases;
11. Information on the use of investigators;
12. Information on the use of expert witnesses;
13. Information on consultations with the Washington Defender Association immigration staff or
with a similar immigration expert; and
14. Information on the disposition of concluded cases.
C. Contractor shall not be required to compromise any attorney -client privilege (RCW 5.60.060)
or Client Confidentiality (RPC 1.6) when providing these reports. However, because it is
necessary for the effective management and monitoring of this Agreement, it is understood that
the Public Defense Assessor is intended to be part of the confidential relationship with the
Contractor and the clients it represents. The Public Defense Assessor's communications with the
City in relation to the monitoring and reporting obligations of this Agreement shall comply with
the requirements of the Rules of Professional Conduct, including RPC 1.6.
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9.4.c
XXI. COMPLAINTS AND CORRECTIVE ACTION
A. Complaints Directed to Public Defense Assessor. Any unresolved complaints regarding
Contractor or an attorney or Rule 9 intern providing services pursuant to this Agreement,
whether received by the City, the Contractor, or the Court, shall be directed to the Public
Defense Assessor.
B. Investi ag tion. In the event a complaint is received by or directed to the Public Defense
Assessor and is not timely resolved by the Contractor to the satisfaction of the complainant, the
Public Defense Assessor will investigate the complaint by reviewing the complaint, discussing
the matter with the complaining parry, discussing the matter with the Contractor, and
determining whether a violation of this Agreement has occurred. The Public Defense Assessor
may consult with legal counsel or another expert as deemed necessary in order to resolve the
complaint. In addition, the Public Defense Assessor may consult with the Washington State Bar
Association when appropriate.
C. Corrective Action Plan or Termination. In the event the Public Defense Assessor determines
that a violation has occurred, he or she may develop a corrective action plan or terminate this
Agreement in the event it is determined that termination is appropriate. Contractor shall
cooperate in any investigation of a complaint, and any corrective action plan developed by the
Public Defense Assessor.
XXII. TERMINATION
A. For Cause. The City or the Contractor may terminate this Agreement immediately in the event
the other party breaches the Agreement and such breach is not corrected to the reasonable
satisfaction of the injured party in a timely manner after notice of breach has been provided to
the other parry. Each and every term of this Agreement is material. The failure of any party to
comply with any term of this Agreement shall constitute a breach of this Agreement.
B. For Reasons Beyond Control of Parties. Either party may terminate this Agreement without
recourse by the other where performance is rendered impossible or impracticable for reasons
beyond such parry's reasonable control such as, but not limited to, acts of nature; war or warlike
operations; civil commotion; riot; labor dispute including strike, walkout, or lockout; sabotage;
or superior governmental regulation or control.
C. Without Cause. Either party may terminate this Agreement at any time without cause upon giving
the non -terminating parry not less than one hundred twenty (120) days prior written notice.
XXIII. CONTINUATION OF REPRESENTATION AFTER TERMINATION
In the event of termination of this Agreement, Contractor shall continue representation of
Defendants to whom Contractor was assigned prior to the termination until such time as another
defense attorney has been appointed to represent such Defendants. Upon reassignment of such
Defendants to another defense attorney, Contractor shall promptly deliver all related client files
to such defense attorney. Except in cases in which the Contractor is unable to provide services in
conformance with this Agreement, Contractor shall not submit to the court a motion to withdraw
from representing defendants to which the Contractor was assigned until such time as new
counsel has submitted a motion to substitute counsel. For each case in which Contractor makes
one or more in -court appearances with a Defendant, not including appearances that consist solely
of successful continuance motions, the City shall pay Contractor a one time payment of one
hundred and fifty dollars for all post termination services provided in the case.
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XXIV. NON-DISCRIMINATION
Contractor shall not discriminate on the basis of sex, race, nationality, sexual orientation, color,
creed, disability, age, religion or any other state or federal protected category in the hiring of
employees or the provision of services pursuant to a contract with the City.
XXV. PROOF OF LIABILITY INSURANCE
Contractor shall procure and maintain for the duration of the Agreement, insurance of the types
and in the amounts described in Exhibit A attached and incorporated by this reference.
XXVI. INDEMNIFICATION
Contractor shall indemnify, defend, and hold the City, its elected officials, officers, and
employees harmless from any and all claims whatsoever related to or arising from the
performance of the Contractor's obligations pursuant to this Agreement, including but not
limited to claims arising out of the errors and omissions of the Contractor relating to the
representation or lack of representation of clients, and/or by reason of accident, injury, or death
caused to any persons or property of any kind occurring during the performance or lack thereof
of the work required by this Agreement, or traveling to or from any place to perform the work
required by this Agreement, except to the extent they are caused by the sole negligence of the
City. The failure of Contractor to carry insurance in a quantity sufficient to defend a claim or
lawsuit, or cover any judgment that results, shall not operate to limit Contractor's
indemnification or defense of the City. This indemnification section shall survive the expiration
or termination of this Agreement.
XXVII. COMPENSATION
A. Payment for Services.
a. 2022. The City shall provide to Contractor for services rendered under this Agreement the
sum of THIRTY-THREE THOUSAND FIVE HUNDRED FORTY-FIVE DOLLARS
($33,545.00) per month from April 1, 2022 to December 31, 2022. Of this sum, SIXTEEN
THOUSAND SIX HUNDRED DOLLARS ($16,600.00) is paid for attorney
compensation, EIGHT THOUSAND, SIX HUNDRED DOLLARS ($8,600.00) is paid for
provision of investigator and social worker services, and EIGHT THOUSAND THREE
HUNDRED FORTY-FIVE DOLLARS ($8,345.00) is paid for administrative expenses.
b. 2023. The City shall provide to Contractor for services rendered under this Agreement the
sum of THIRTY-SIX THOUSAND TWO HUNDRED NINETY DOLLARS ($36,290.00)
per month from January 1, 2023 to December 31, 2023. Of this sum, SEVENTEEN
THOUSAND THREE HUNDRED DOLLARS ($17,300.00) is paid for attorney
compensation, NINE THOUSAND, THREE HUNDRED DOLLARS ($9,300.00) is paid
for provision of investigator and social worker services, and NINE THOUSAND SIX
HUNDRED NINETY DOLLARS ($9,690.00) is paid for administrative expenses.
These payments shall be full compensation for all services and material necessary to accomplish
the objectives of this Agreement, including but not limited to administrative costs associated
with providing legal representation. These administrative costs include, but are not limited to:
travel, telephones, law library, including electronic legal research; financial accounting; case
management systems; computers and software; office space and supplies; training; meeting the
reporting requirements imposed by this Agreement; and other costs necessarily incurred in the
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day-to-day management of this Agreement. Contractor shall bill the City each month for
services rendered herein. In the event this Agreement is terminated pursuant to the provisions set
forth in this Agreement, the Contractor's compensation shall be prorated based upon the days
which have elapsed between the effective date of the termination and the first day of the month
after termination.
B. Billing. Contractor shall bill the City, in care of the Mayor or designee, on the first day of the
month, or the first workday thereafter for the monthly installment set forth in subsection A of
this section, and any transcription costs as permitted by this Agreement.
C. Payment. The City shall make payments within 30 days of receipt of Contractor's bill. Except
as provided elsewhere in this Agreement, the payment set forth in this section shall be inclusive
of administrative costs, support costs, and all costs associated with the conduct of the
Contractor's business.
D. Caseload Adjustments: The following formula protects the City and the Association from
having individual attorney caseloads exceed the mandatory maximum of 400 cases as set by the
Supreme Court in the Criminal Rule for Courts of Limited Jurisdiction 3.1 (CrRLJ 3.1), adopting
Standard for Indigent Defense 3.4. Its application would keep individual attorney caseloads
almost uniformly within the 300 to 400 range. In addition it keeps the City and Association in
compliance with the Washington State Bar Association standards. Standard Three calls for a
misdemeanor caseload of 300 cases. A misdemeanor caseload may adjusted to no more than 400
cases, depending upon:
• The caseload distribution between simple misdemeanors and complex
misdemeanors; or
• Jurisdictional policies such as post -filing diversion and opportunity to negotiate
resolution of large number of cases as non -criminal violations;
• Other court administrative procedures that permit a defense lawyer to handle
more cases.
The attorney caseloads will be adjusted at the end of each calendar quarter in accordance with
the following formula, and the attorney compensation shall be adjusted as indicated:
Case Referrals Prior Quarter
Attorney Caseloads
Attorney Compensation
Adjustment
75 Case Referrals
1.00 Attorney Caseload
57.25%
100 Case Referrals
1.25 Attorney Caseloads
71.5%
125 Case Referrals
1.50 Attorney Caseloads
85.75%
150 Case Referrals
1.75 Attorney Caseloads
Remains
175 Case Referrals
2.00 Attorney Caseloads
114.3%
200 Case Referrals
2.25 Attorney Caseloads
128.6%
225 Case Referrals
2.50 Attorney Caseloads
143%
250 Case Referrals
2.75 Attorney Caseloads
157.25%
275 Case Referrals
3.00 Attorney Caseloads
171.5%
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XXVIII. SUBCONTRACTING PROHIBITED
Except in extraordinary circumstances or as temporarily necessary to avoid violation of the
Indigent Defense Standards, Contractor shall not subcontract with another attorney or law firm to
provide the services required herein. Contractor shall remain directly involved in and
responsible for the representation of all assigned defendants.
XXIX. ASSIGNMENT PROHIBITED
No assignment or transfer of this Agreement or of any interest in this Agreement shall be made
by either of the parties, without prior written consent of the non -assigning party.
XXX. AGREEMENT APPLICABLE TO ALL EMPLOYEES AND VOLUNTEERS
The terms of this Agreement shall apply to all persons who are employed by, or who volunteer
for, the Contractor, including but not limited to attorneys, interns, paralegals, office assistants,
secretaries, and investigators.
XXXI. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR AND NOT
EMPLOYEE
This Agreement calls for the performance of the services of Contractor as an independent
contractor and Contractor will not be considered an employee of the City for any purpose.
Contractor shall secure at its own expense and be responsible for any and all payment of income
tax, social security, state disability insurance compensation, unemployment compensation,
worker's compensation, and all other payroll deductions for the Contractor and its officers,
agents, and employees and the costs of all professional or business licenses in connection with
the services to be performed hereunder. Contractor shall be solely responsible for any and all
claims or lawsuits filed against Contractor by personnel employed by the Attorney related to the
conditions or terms of employment by the Contractor, and the Contractor shall defend,
indemnify, and hold harmless the City and its employees and officers from any such claims or
lawsuits. Contractor further agrees that its employees are not considered employees of the City
for the purposes of participating in any state or federal program, including but not limited to the
retirement program provided by the Washington Department of Retirement Services, and in the
event that a claim is made to the contrary by any employee or volunteer of the Contractor,
Contractor shall defend, indemnify, and hold harmless the City and its employees and officers
from any such claims or lawsuits and shall pay all awards ordered against the City for such
claims or lawsuits.
XXXII. ADDITIONAL SERVICES
Contractor may be requested to perform additional services beyond the original scope of services
as defined in Section III of this Agreement. Such work will be undertaken only upon written
authorization of the City based upon an agreed amount of compensation.
XXXIIL NOTICES
All notices and other written documentation shall be sent to the parties at the following addresses
unless otherwise requested in writing:
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City of Edmonds: Contractor:
Public Defense Assessor Snohomish County Public Defender Association
c/o Mayor's Office 2722 Colby Avenue, Suite 200
121 Fifth Ave. N Everett, WA 98201
Edmonds, WA 98020
XXXIV. ENTIRE AGREEMENT — AMENDMENTS
This instrument contains the entire Agreement between the parties for the contemplated work
and services to commence April 1, 2022, and it may not be enlarged, modified, altered, or
amended except in writing signed and endorsed by the parties. Nothing contained in this
Agreement shall be deemed to preclude any party from seeking modification of any term
contained herein should an unforeseen and material circumstance arise. Any proposed
modification shall be first presented to the other party for review and approval. Any agreement
between the parties sequent to this Agreement must be executed with identical formality as this
Agreement, otherwise the same shall not be enforceable.
XXXV. DUPLICATE ORIGINALS
This Agreement is executed in duplicate originals.
XXXVI. EFFECTIVE DATE
The terms of this Agreement shall take effect on April 1, 2022.
WHEREFORE, the parties agree to be bound by the terms and conditions set forth above.
DATED this day of 2022.
CITY OF EDMONDS SNOHOMISH COUNTY PUBLIC
DEFENDER ASSOCIATION
Michael Nelson, Mayor Kathleen Kyle, Managing Director
ATTEST/AUTHENTICATE:
Scott Passey, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
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EXHIBIT A INSURANCE REQUIREMENTS FOR SERVICES AGREEMENTS
Insurance
Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for
injuries to persons or damage to property which may arise from or in connection with the
performance of the work hereunder by Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Professional Liability insurance appropriate to Contractor's
profession.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Professional Liability insurance shall be written with limits no less than $1,000,000
per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability and Commercial General Liability insurance:
Contractor's insurance coverage shall be primary insurance naming the City as an additional
insured. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall
be excess of the Contractor's insurance and shall not contribute with it.
2. Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either
party, except after thirty (30) days prior written notice by certified mail, return receipt requested,
has been given to the City.
3. City of Edmonds shall be named as an additional insured on all policies (except Professional
Liability) as respects work performed by or on behalf of the Contractor and a copy of the
endorsement naming the City as additional insured shall be attached to the Certificate of
Insurance. The City reserves the right to receive a certified copy of all required insurance
policies. The Contractor's Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against whom claim is made or suit is
brought, except with respects to the limits of the insurer's liability.
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EXHIBIT A (Continued)
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement, evidencing
the insurance requirements of the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject
to all of the same insurance requirements as stated herein for Contractor.
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9.5
City Council Agenda Item
Meeting Date: 01/2/2024
Port of Edmonds North Portwalk & Seawall Reconstruction Project Request for Letter of Support
Staff Lead: Angela Harris
Department: Community Services
Preparer: Todd Tatum
Background/History
The Port of Edmonds is a Special Purpose Municipal Government. The Port was created in 1948 by a vote
of the citizens of the Port district. The district encompasses portions of the City of Edmonds and all of
the Town of Woodway. Five elected Port Commissioners, elected to four-year terms, serve as the
governing body of the Port. The Port of Edmonds' mission is to provide value to the community through
economic development, marina and commercial operations, waterfront public access, and
environmental stewardship.
A key aspect of the Edmond's waterfront is its public walkway and marina access located at the Port of
Edmonds, known as the "Portwalk," which spans nearly half of the downtown waterfront. It is utilized by
hundreds of individuals daily as an integral portion of the waterfront.
Engineering reports have stated the north part of this portwalk will become unsafe for public access
within five years and has come to the end of its operational life due to the failing seawall.
The North Portwalk & Seawall Reconstruction Project is a comprehensive project that will repair this
critical infrastructure, provide resiliency, and enhance public access.
The Port of Edmonds is in the process of applying for the U.S. Department of Transportation's Rebuilding
American Infrastructure with Sustainability and Equity (RAISE) discretionary grant program and is seeking
a letter of support from the City of Edmonds Mayor and City Council.
Staff Recommendation
Provide the Port of Edmonds with a letter of support for the North Portwalk & Seawall Reconstruction
Project for their application to the U.S. Department of Transportation Rebuilding American Infrastructure
with Sustainability and Equity (RAISE) discretionary grant program.
Narrative
Known locally as the "Portwalk," the boardwalk at the Port of Edmonds marina is frequented by
hundreds of visitors each day. The Portwalk is an integral part of the downtown Edmonds waterfront,
connecting the Port of Edmonds marina, local businesses, the Washington State Ferries terminal,
Washington State Fishing Pier, and city parks. Numerous businesses based at the Port of Edmonds also
depend on the Portwalk for access to the marina, which is the only protected moorage in the highly
populated 30-mile stretch between Seattle and Everett.
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The seawall and main support system for the northern, wood -plank portion of the Portwalk is in dire
need of rehabilitation. Built in 1968, a recent condition survey revealed that the seawall has an
estimated five years remaining in its lifespan. Significant rot has been observed on 90% of the timber
piles and lateral movement has been detected in 50% of piles. The risks from inaction are incredibly
high. In addition to the businesses and other economic activity that would be highly impacted by the
failure of the seawall, the Port and nearby areas are in FEMA-designated high -risk flood zone. The
surrounding infrastructure, and more than $55 million in Port assets alone, would be jeopardized by the
failure of the seawall.
The North Portwalk & Seawall Reconstruction Project is essential to the protection of the Edmonds
community from flood and tsunami risks, as well as the continued operation of the Port and its ability to
fulfill its mission of economic development, environmental stewardship, and public access for the
Edmonds and Woodway communities. The Portwalk provides immense public benefits and access to the
waterfront that should not be interrupted.
The North Portwalk & Seawall Reconstruction Project permitting and design process was started in
2021. The project will:
Repair the deteriorating seawall.
Improve and repair pedestrian walkways.
Install new marina railings and dock gates.
Create a new public plaza, featuring public art features, signage, and new public restrooms.
Construction is anticipated to begin in 2025, pending identification of funding, and procurement of all
applicable permits. The project is estimated to cost $25 million. State and Federal funding are critical to
ensuring the project can be completed prior to the seawall's failure.
The Washington State Recreation and Conservation Office's Aquatic Lands Enhancement Account (ALEA)
has provided $500,000 towards the project and the Port is seeking additional state funding
opportunities.
On the federal level, the Port is in the process of applying for $14 million in funding from the U.S.
Department of Transportation's FY 2024 Rebuilding American Infrastructure with Sustainability and
Equity (RAISE) grant program.
The Port is seeking a letter of support for this project from City of Edmonds Mayor Rosen and the City
Council to include with the RAISE application.
Attachments:
Port of Edmonds North Portwalk Project - City of Edmonds
DRAFT Port Seawall RAISE Grant Support Letter
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North Portwalk & Seawa
Reconstruction Project
Improving Critical Infrastructure, Providing
Resiliency, and Preserving Public Access for the
Edmonds and Woodway Communities
Angela Harris, Executive Director
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Port of Edmonds
Commission District Map
District 1
Janelle Cass
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District 2
David Preston
District 3
Jay Grant
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At Large
T Selena Killin
.+ At Large
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Steve Johnston
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Brief HistoryO
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■ The Edmonds Port district was created by popular vote in 1948 �
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■ Construction on the marina started in 1961
■ Port capacity expanded to include dry storage in 1979
■ In 1981, commercial properties were first constructed on Port
property
■ Port purchased Harbor Square Business Complex in 2006
■ 29 full-time employees
+ 2 part-time staff members
+ 13 seasonal staff members
■ Four businesses:
Marina operations
Commercial rental properties
Environmental programs
Public access
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Current Operations: Marina& Rental Properties
Marina Operations
- Public boat launch
- Guest moorage
- Boatyard
- 50-ton travelift
- Covered, open & dry moorage
- Fuel dock
- Boat trailer storage
- Emergency response access
887 total boot slips/spaces
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Commercial Rental Properties
■ Harbor Square: Five multi -tenant buildingswith over
102,400 square feet and 50 commercial tenants
■ Other rental properties include:
- Anthony'sRestaurant - Edmonds Yacht Club
- Arnie's Restaurant - Harbor Square Athletic CIS
- Jacobsen's Marine - Edmonds Yacht Sales
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Current Operations: Environmental Programs& PublicAccess
Environmental Programs
■Joint ownership of the Edmonds Marsh, one of the few
urban saltwater estuaries remaining in the region.
■Comprehensive Environmental Policywith Green Port
initiativesand Integrated Pest Management Plan
■Innovative Programs: marina cleanup dives; oyster shell
cartridge system
■Awards: Leadership Clean Boatyard Certification; Clean
Marina Certification
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Public Access
■Portwalk: high -traffic public boardwalk connecting
restaurants, shops, and city beaches and parks.
■Community events: Sea Notes summer music,
holidayand summer events
■Fishing Charters and Whale Watching: Puget Sound
Express had over 20,000 visitors in 2022.
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LOCATION OF
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Current State: Steel Piles
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Exiting Steel Piles
Significant rust and delamination in 100% of piles
Existing raker piles
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-CG Engineering Letter to the Port of Edmonds,
May 2023
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Risks from
Inaction are High
More than $55 million in Port
assets alone would be
jeopardized by the failure of the
seawall
Marina
Edmonds Ferry Terminal
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Project Overview:
Objectives
■ Seawall reconstruction (950 ft. long)
■ New Portwalk surface (13,000 sq. ft.)
■ Updated railing
■ Improved lighting
■ New dock safety gates
■ Public art
■ Updated landscaping
■ New and updated public plazas
Project Goal #1:
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Project Elements: PortwalkSurface
Current North Portwolk
Rendering of new cement and glass -block walking surface
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Project Elements: Central Plaza
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Project Details:
Schedule
✓5/27/21 30% Design Submittal
✓8/20/21 60% Design Submittal
✓10/14/21 SEPA Submitted
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✓11/02/21 JARPA Submittal (Under review)
✓2/9/23 90% Design Submittal
✓4/3/23 Substantial Shoreline & Design Review Submittal
✓12/4/23 Submit Updated Substantial Shoreline & Design Review
❑ TBD 100% Submittal
❑ TBD HPA Submittal (pending financing)
❑ TBD Building Permit Submittal (pending financing)
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Project Details: Funding
■ The engineering, permitting, and design process began in January of 2021.
■ Port Commission approved $617,823 for this process; funded project costs
through 2023.
■ Subject to final design, cost of full project is currently estimated to be $25M.
■ For comparison, the Port's 2023 operating budget is
04 To reach our anticipated project completion goal of 2027, the Port is working
g to
secure outside sources of funding, including state and federal grants for this
essential infrastructure and public access project.
City of Edmonds Partnership Opportunity: Provide Letter of Support for the Port's 2024 federal RebuiIdingAmerican
Infrastructure with Su sta i n a bi I ity a n d Equity(RAISE) grant appIicationfunded through U.S. Dept of Transportation.
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CITY OF EDMONDS Michael Rosen
v u MAYOR
121 5T" AVENUE NORTH • EDMONDS, WA 98020 • 425-775-7724 • FAX 425-771-0252
Website: www.edmondswa.gov
Jnc. 1890
January 02, 2024
The Honorable Pete Buttigieg
Secretary
U.S. Department of Transportation
1200 New Jersey Ave. SE
Washington, DC 20590
Dear Secretary Buttigieg:
I am writing to express my support for the Port of Edmonds' North Portwalk and Seawall
Reconstruction project application for the FY 2024 Rebuilding American Infrastructure
with Sustainability and Equity (RAISE) program. The Port of Edmonds is seeking
RAISE funding to urgently rehabilitate the Port's decaying seawall and Portwalk to
ensure the safety and resiliency of the Edmonds waterfront, and to ensure the Port can
continue to serve the communities of Edmonds and Woodway, Washington as a center
economic development and environmental stewardship.
The current seawall and northern section of the Portwalk, a prominent section of the
Edmonds waterfront, is in a state of disrepair and has only an estimated five years
remaining in its lifespan. The Port's seawall not only protects local business and access to
the Port's marina, which is the only protected moorage in the 30-mile stretch between
Seattle and Everett, but it also protects a key multimodal corridor connecting to
Washington State Ferries' Edmonds terminal. This critical infrastructure protects these
public and private assets, along with sections of State Route 104 and Burlington Northern
Santa Fe's (BNSF) rail line from rising sea levels, winter storms, tsunami, and other
natural hazards. As such, the Port is seeking federal funding to avert the devastating
impacts on businesses, economic activity, and the environment that the failure of the
seawall would cause.
The Port of Edmonds' application meets the overarching goals of the RAISE program by
providing significant benefits to the Edmonds community, taking proactive measures that
will enhance the area's resiliency to natural hazards, provide greater access and mobility
to the Port through the improvement and repair of pedestrian walkways, and reinvigorate
the Edmonds waterfront. The project will also help attract more economic activity and
community connectivity for the Edmonds and Woodway communities through the
creation of a new public plaza.
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Hon. Pete Buttigieg Page 2 January 02, 2024
9.5.b
I appreciate your full and fair consideration of the Port of Edmonds' application. Thank
you for your attention to this matter.
Sincerely,
Michael Rosen
Mayor,
City of Edmonds
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