2024-03-12 Council PSPHSP Packet2
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ti Agenda
Edmonds City Council
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MARCH 12, 2024, 3:30 PM
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COMMITTEE MEMBERS: NEIL TIBBOTT (CHAIR), CHRIS ECK, COUNCIL PRESIDENT (EX-OFFICIO
MEMBER)
CALL TO ORDER
COMMITTEE BUSINESS
Approval of Public Works Records Administrator Job Description (10 min)
2. Amending ECC 5.34 -Adding anew section (ECC 5.35.010) to city code for "computer crimes"
and adopting several parts of RCW 9A.90. (5 min)
3. Amending ECC 5.04.010 -Removing RCW 66.44.291 and RCW 66.44.320.(5 min)
4. Amending ECC 5.12.020-Contributing to the delinquency of a minor (5 min)
5. Council Rules of Procedure Sections 3 & 8 (5 min)
ADJOURNMENT 5:30 PM
Edmonds City Council Agenda
March 12, 2024
Page 1
2.1
City Council Agenda Item
Meeting Date: 03/12/2024
Approval of Public Works Records Administrator Job Description
Staff Lead: Rob English
Department: Engineering
Preparer: Rob English
Background/History
The Public Works Records Administrator position was approved in the 2024 Budget (Decision Package
#19). The position is funded by the Utility funds.
Staff Recommendation
Forward item to the consent agenda for approval.
Narrative
The Public Works Department has identified the need to improve and bring current record keeping
related to City owned above ground and below ground infrastructure, City projects and privately owned
encroachments into the City right-of-way, that will need to be kept in perpetuity for repair,
maintenance, and operational needs of City owned assets. These records consist of construction plans,
as -built plans, agreements, easements, street vacations, street dedications, utility abandonment
documents, etc. The current libraries of City assets/record drawings are a mix of paper and electronic
scanned records spanning a multitude of differing filing systems, making their use challenging and time
consuming. This position will establish and maintain a process that accounts for and makes
electronically accessible all existing and future drawings and records created through Public Works
activities such as capital improvement projects, private development, and operations.
Attachments:
Attachment 1 - Job Description
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2.1.a
City of
EDMONDS
Washington
Public Works Records Administrator
12C. t g9"
Departments:
Public Works
Pay Grade:
NE-29
Bargaining Unit:
AFSCME Council 2
FLSA Status:
Non -Exempt
Revised Date:
February 2024
Reports To:
Public Works Director
POSITION PURPOSE: Under administrative direction, establishes, formalizes, and maintains records management
and archives that account for, and make electronically accessible, all existing documents and drawings for the
Public Works Department. Inventories, organizes, and maintains all documents, electronic files, and systems to
archive documents in accordance with state and federal laws. In addition, responds to, or supports Public Works
staff, in responding to public records requests.
ESSENTIAL FUNCTIONS AND RESPONSIBILITIES:
The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees
in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may
not be required to perform all duties listed and may be required to perform additional, position -specific duties.
• Organizes and maintains project, administrative, and address files for varied divisions of the Public Works
department using appropriate manual and computerized indexes and information systems.
• Analyzes, recommends, and implements improvements to records management systems including
managing record series, indexes, and inventory control to enable efficient access.
• Manages records in accordance with retention guidelines according to the Washington Secretary of State
Common Records Retention Schedule (CORE).
• Assigns retention periods and dispositions of records from schedule to varied records series.
• Researches and references documents for staff and other users.
• Serves as the department subject matter expert in records management and archival for all divisions under
Public Works.
• Prepares records for transfer to inactive storage, maintains transfer documentation and indexes, retrieves
records when requested, prepares disposition documentation, and arranges disposition.
• Lifts and moves boxes of records between work sites, shelving, and pallets.
• Prepares and scans paper records to electronic format to store in a central document repository with
appropriate metadata indexing for the record series type. Reviews files for content, organization, and
identification. Assists in the preparation of materials to be archived and transfer to the appropriate storage
location or the designated vendor.
Public Works Records Administrator Last Reviewed: 02/05/2024
Last Revis
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JOB DESCRIPTION
Public Works Records Administrator
2.1.a
Page 2 of 4
• Manages relationships with existing consultants under contract that are currently managing file archiving
projects.
• Performs research, compiles data, and provides reports using manual and computerized index and filing
systems.
• Collaborates with Public Works staff to effectively coordinate and communicate procedures, processes,
and policies for archiving documents.
• Coordinates with the Deputy City Clerk and Public Records Officer to comply with internal City policies and
State law.
• Performs other related duties as assigned that are within the scope of this position classification.
Required Knowledge of:
• Knowledge of records management and public disclosure laws, regulations, and policies.
• Records management systems, including filing and indexing systems.
• Record -keeping and archiving techniques.
• Active and inactive file storage procedures.
• Imaging and document management software.
• Scanning and other records technologies.
• Complex office practices.
• The organization, function, activities, policies, procedures, and practices of the area of assignment.
Required Skill in:
• Establishing and maintaining records indexes and complex filing systems using the appropriate system for
the record series.
• Working in and analyzing a complex records and information environment involving application and
interpretation of rules, regulations, and policies.
• Conducting file and document searches in electronic and paper document filing systems.
• Working with technical staff to access records in electronic file formats from various storage systems.
• Working with staff at all levels to apply policies and coordinate records systems.
• Proficiently operate computers, software, and standard office equipment.
• Microsoft Word, Excel, Outlook, Adobe Acrobat Pro, Laserfiche
• Learning new and rapidly changing techniques used in modern records systems, including computer and
imaging technologies.
• Working with minimal supervision and independent problem -solving.
• Maintaining a high level of accuracy and attention to detail.
Public Works Records Administrator Last Reviewed: 02/05/2024
Last Revis
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2.1.a
JOB DESCRIPTION Page 3 of 4
Public Works Records Administrator
• Understand and follow oral and written instructions.
• Communicating effectively verbally and in writing, including customer service.
• Planning and organizing work to meet schedules and time lines.
• Interpreting and applying federal, state, and local policies, laws and regulations related to area of
responsibility.
• Establishing and maintaining effective working relationships with staff, management, vendors, outside
agencies, community groups and the general public.
• Maintaining a work environment free of discrimination, harassment, and retaliation.
• Supporting diversity and multicultural understanding in the workplace.
MINIMUM QUALIFICATIONS:
Education and Experience:
Associate degree or equivalent in Records/Information Management, Library Science, Business, or a related field.
An equivalent combination of education, training and experience which allows the incumbent to successfully perform
the essential functions of the position may also be considered.
Preferred Qualification: Prior clerical experience that includes records management.
Required Licenses or Certifications:
• A valid driver's license is required at time of hire. A State of Washington Driver's License is required within
30 days from date of hire.
• Must be able to successfully complete and pass a background check.
WORKING CONDITIONS:
Environment:
• Office and construction site environments.
• Driving a vehicle to conduct work.
Physical Abilities:
• Hearing, speaking or otherwise communicating to exchange information in person and on the telephone.
• Operating a computer keyboard and various tools.
• Reading and understanding a variety of materials.
• Bending at the waist, kneeling, or crouching, reaching above shoulders and horizontally or otherwise
positioning oneself to accomplish tasks, including the ability to climb a safety ladder and to lift, push, pull,
or carry media weighing up to 40 pounds.
Public Works Records Administrator Last Reviewed: 02/05/2024
Last Revis
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2.1.a
JOB DESCRIPTION
Public Works Records Administrator
Hazards:
• Contact with dissatisfied individuals.
Incumbent Signature:
Date:
Department Head: Date:
Page 4 of 4
Public Works Records Administrator Last Reviewed: 02/05/2024
Last Revis
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2.2
City Council Agenda Item
Meeting Date: 03/12/2024
Amending ECC 5.34 -Adding a new section (ECC 5.35.010) to city code for "computer crimes" and
adopting several parts of RCW 9A.90.
Staff Lead: Commander Shane Hawley
Department: Police Services
Preparer: Alexandra Ehlert
Background/History
This ECC amendment creates a new city code section (ECC 5.35.010) for misdemeanor computer crimes.
Last month, Cyberstalking was removed from the city code, as the RCW no longer existed. It was
replaced with Cyber Harassment under a new RCW.
RCW 9A.90 covers a variety of computer related crimes. This amendment would adopt all of the
applicable misdemeanor crimes by reference into this new ECC section.
This amendment adopts by reference:
9A.90.030 Definitions.
9A.90.050 Computer trespass in the second degree.
9A.90.070 Spoofing.
9A.90.090 Electronic data tampering in the second degree.
9A.90.110 Commission of other crime.
9A.90.120 Cyber harassment
Staff Recommendation
Accept and create Edmonds Municipal Code section 5.35.010, adding the selected sections of RCW
9A.90.
Narrative
<Type or insert text here>
Attachments:
2024-02-21 Ordinance adopting 5.35
RCW 9A.90 Sections
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2.2.a
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING A NEW CHAPTER 5.35 ECC,
ENTITLED "COMPUTERS, CRIMES RELATED TO";
PROVIDING FOR SEVERABILITY; AND SETTING AN
EFFECTIVE DATE.
WHEREAS, the City of Edmonds Police Department is engaging in a review of Title
5 of the Edmonds City Code (ECC) in order to ensure that the Washington state laws adopted
by reference are up to date and accurate; and
WHEREAS, currently statutes adopted by reference into the City code pertaining to
computers are found in both Chapter 5.34 (Persons, Crimes Relating To) and Chapter 5.36
(Property, Crimes Relating To); and
WHEREAS, the Police Department has recommended that the City codify all crimes
related to computers in their own chapter of the ECC; and
WHEREAS, after review and discussion, the City Council has determined it to be
appropriate to adopt a new chapter of the ECC, titled "Computers, Crimes Related To," wherein
all computer -related crimes can be found;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. A new chapter 5.35 entitled Computers, Crimes Related To, is hereby
added to the Edmonds City Code to read as follows:
CHAPTER 5.35
COMPUTERS, CRIMES RELATED TO
Sections:
5.35.010 Crimes related to computers.
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2.2.a
5.35.010 Crimes related to computers.
The following statutes of the state of Washington are adopted by reference:
RCW
9A.90.030 Definitions.
9A.90.050 Computer trespass in the second degree.
9A.90.070 Spoofing.
9A.90.090 Electronic data tampering in the second degree.
9A.90.110 Commission of other crime.
9A.90.120 Cyber harassment.
Section 2. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 3. Effective Date. This ordinance, being an administrative function
of the city council, 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.
ATTEST/AUTHENTICATED :
CITY CLERK, SCOTT PASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
Im
JEFF TARADAY
APPROVED:
MAYOR MIKE ROSEN
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2.2.a
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
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2.2.a
SUMMARY OF ORDINANCE NO.
of the City of Edmonds, Washington
On the day of 2024, the City Council of the City of Edmonds,
passed Ordinance No. A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING A NEW CHAPTER 5.35 ECC,
ENTITLED "COMPUTERS, CRIMES RELATED TO";
PROVIDING FOR SEVERABILITY; AND SETTING AN
EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this day of 2024.
CITY CLERK, SCOTT PASSEY
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2.2.b
RCW 9A.90.030 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires
otherwise. (1) "Access" means to gain entry to, instruct, communicate with, store data in, retrieve
data from, or otherwise make use of any resources of electronic data, data network, or data
system, including via electronic means. (2) "Cybercrime" includes crimes of this chapter. (3) "Data"
means a digital representation of information, knowledge, facts, concepts, data software, data
programs, or instructions that are being prepared or have been prepared in a formalized manner
and are intended for use in a data network, data program, data services, or data system. (4) "Data
network" means any system that provides digital communications between one or more data
systems or other digital input/output devices including, but not limited to, display terminals, remote
systems, mobile devices, and printers. (5) "Data program" means an ordered set of electronic data
representing coded instructions or statements that when executed by a computer causes the
device to process electronic data. (6) "Data services" includes data processing, storage functions,
internet services, email services, electronic message services, website access, internet-based
electronic gaming services, and other similar system, network, or internet-based services. (7) "Data
system" means an electronic device or collection of electronic devices, including support devices
one or more of which contain data programs, input data, and output data, and that performs
functions including, but not limited to, logic, arithmetic, data storage and retrieval, communication,
and control. This term does not include calculators that are not programmable and incapable of
being used in conjunction with external files. (8) "Electronic tracking device" means an electronic
device that permits a person to remotely determine or monitor the position and movement of
another person, vehicle, device, or other personal possession. As used in this definition, "electronic
device" includes computer code or other digital instructions that once installed on a digital device,
allows a person to remotely track the position of that device. (9) "Identifying information" means
information that, alone or in combination, is linked or linkable to a trusted entity that would be
reasonably expected to request or provide credentials to access a targeted data system or network.
It includes, but is not limited to, recognizable names, addresses, telephone numbers, logos, HTML
links, email addresses, registered domain names, reserved IP addresses, user names, social media
profiles, cryptographic keys, and biometric identifiers. (10) "Malware" means any set of data
instructions that are designed, without authorization and with malicious intent, to disrupt computer
operations, gather sensitive information, or gain access to private computer systems. "Malware"
does not include software that installs security updates, removes malware, or causes unintentional
harm due to some deficiency. It includes, but is not limited to, a group of data instructions
commonly called viruses or worms, that are self -replicating or self -propagating and are designed to
infect other data programs or data, consume data resources, modify, destroy, record, or transmit
data, or in some other fashion usurp the normal operation of the data, data system, or data
network. Certified on 9/1 /2023 RCW 9A.90.030 Page 1 (11) "White hat security research" means
accessing a data program, service, or system solely for purposes of good faith testing, investigation,
identification, and/or correction of a security flaw or vulnerability, where such activity is carried out,
and where the information derived from the activity is used, primarily to promote security or safety.
(12) "Without authorization" means to knowingly circumvent technological access barriers to a
data system in order to obtain information without the express or implied permission of the owner,
where such technological access measures are specifically designed to exclude or prevent
unauthorized individuals from obtaining such information, but does not include white hat security
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2.2.b
research or circumventing a technological measure that does not effectively control access to a
computer. The term "without the express or implied permission" does not include access in
violation of a duty, agreement, or contractual obligation, such as an acceptable use policy or terms
of service agreement, with an internet service provider, internet website, or employer. The term
"circumvent technological access barriers" may include unauthorized elevation of privileges, such
as allowing a normal user to execute code as administrator, or allowing a remote person without
any privileges to run code. [2022 c 231 § 2; 2016 c 164 § 3.]
RCW 9A.90.050Computer trespass in the second degree.
(1) A person is guilty of computer trespass in the second degree if the person, without
authorization, intentionally gains access to a computer system or electronic database of
another under circumstances not constituting the offense in the first degree. (2) Computer
trespass in the second degree is a gross misdemeanor. [2016 c 164 § 5.]
RCW 9A.90.070 Spoofing.
(1) A person is guilty of spoofing if he or she, without authorization, knowingly initiates the
transmission, display, or receipt of the identifying information of another organization or
person for the purpose of gaining unauthorized access to electronic data, a data system, or
a data network, and with the intent to commit another crime in violation of a state law not
included in this chapter. (2) Spoofing is a gross misdemeanor. [2016 c 164 § 7.]
RCW 9A.90.090 Electronic data tampering in the second degree.
(1) A person is guilty of electronic data tampering in the second degree if he or she maliciously
and without authorization: (a) Alters data as it transmits between two data systems over an
open or unsecure network under circumstances not constituting the offense in the first
degree; or (b) Introduces any malware into any electronic data, data system, or data
network under circumstances not constituting the offense in the first degree. (2) Electronic
data tampering in the second degree is a gross misdemeanor. [2016 c 164 § 9.]
RCW 9A.90.110 Commission of other crime.
A person who, in the commission of a crime under this chapter, commits any other crime may be
punished for that other crime as well as for the crime under this chapter and may be prosecuted for
each crime separately. [2016 c 164 § 11.1
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2.2.b
RCW 9A.90.120 Cyber harassment.
(1) A person is guilty of cyber harassment if the person, with intent to harass or intimidate any
other person, and under circumstances not constituting telephone harassment, makes an
electronic communication to that person or a third party and the communication: (a)(i)
Uses any lewd, lascivious, indecent, or obscene words, images, or language, or suggests
the commission of any lewd or lascivious act; (ii) Is made anonymously or repeatedly; (iii)
Contains a threat to inflict bodily injury immediately or in the future on the person
threatened or to any other person; or (iv) Contains a threat to damage, immediately or in the
future, the property of the person threatened or of any other person; and (b) With respect to
any offense committed under the circumstances identified in (a)(iii) or (iv) of this
subsection: (i) Would cause a reasonable person, with knowledge of the sender's history, to
suffer emotional distress or to fear for the safety of the person threatened; or (ii) Reasonably
caused the threatened person to suffer emotional distress or fear for the threatened
person's safety.
(2)(a) Except as provided in (b) of this subsection, cyber harassment is a gross misdemeanor. (b)
A person who commits cyber harassment is guilty of a class C felony if any of the following
apply: (i) The person has previously been convicted in this or any other state of any crime of
harassment, as defined in RCW 9A.46.060, of the same victim or members of the victim's family
or household or any person specifically named in a no -contact or no -harassment order; (ii) The
person cyber harasses another person under subsection (1)(a)(iii) of this section by threatening
to kill the person threatened or any other person; (iii) The person cyber harasses a criminal
justice participant or election official who is performing the participant's official duties or
election official's official duties at the time the communication is made; (iv) The person cyber
harasses a criminal justice participant or election official because of an action taken or
decision made by the criminal justice participant or election official during the performance of
the participant's official duties or election official's official duties; or (v) The person commits
cyber harassment in violation of any protective order protecting the victim.
(3) Any criminal justice participant or election official who is a target for threats or harassment
prohibited under subsection (2)(b)(iii) or (iv) of this section, and any family members residing
with the participant or election official, shall be eligible for the address confidentiality program
created under RCW 40.24.030.
(4) For purposes of this section, a criminaljustice participant includes any: (a) Federal, state, or
municipal court judge; (b) Federal, state, or municipal court staff; (c) Federal, state, or local law
enforcement agency employee; (d) Federal, state, or local prosecuting attorney or deputy
prosecuting attorney; (e) Staff member of any adult corrections institution or local adult
detention facility; Certified on 9/1/2023 RCW 9A.90.120 Page 1 (f) Staff member of anyjuvenile
corrections institution or localjuvenile detention facility; (g) Community corrections officer,
probation officer, or parole officer; (h) Member of the indeterminate sentence review board; (i)
Advocate from a crime victim/witness program; or (j) Defense attorney.
(5) For the purposes of this section, an election official includes any staff member of the office
of the secretary of state or staff member of a county auditor's office, regardless of whether the
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2.2.b
member is employed on a temporary or part-time basis, whose duties relate to voter
registration or the processing of votes as provided in Title 29A RCW.
(6) The penalties provided in this section for cyber harassment do not preclude the victim from
seeking any other remedy otherwise available under law.
(7) Any offense committed under this section may be deemed to have been committed either at
the place from which the communication was made or at the place where the communication
was received.
(8) For purposes of this section, "electronic communication" means the transmission of
information by wire, radio, optical cable, electromagnetic, or other similar means. "Electronic
communication" includes, but is not limited to, email, internet-based communications, pager
service, and electronic text messaging. [2022 c 231 § 1; 2004 c 94 § 1. Formerly RCW 9.61.260.]
Severability-2004 c 94: "If any provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected" [2004 c 94 § 6.]
Effective dates-2004 c 94: "This act is necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government and its existing public institutions,
and takes effect immediately [March 24, 2004], except for section 3 of this act, which takes
effect July 1, 2004" [2004 c 94 § 7.]
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2.3
City Council Agenda Item
Meeting Date: 03/12/2024
Amending ECC 5.04.010 -Removing RCW 66.44.291 and RCW 66.44.320.
Staff Lead: Commander Shane Hawley
Department: Police Services
Preparer: Alexandra Ehlert
Background/History
This ECC amendment removes two RCW's from ECC 5.04.010 (Liquor Control Section). Both RCW's are
no longer state law as they were stricken. All the other RCW's in ECC 5.04.010 are still valid.
This amendment removes the following RCW's:
RCW 66.44.291 Minor Purchasing Liquor
RCW 66.44.320 Sale of Liquor to minors
Staff Recommendation
Accept the amendment as provided, removing RCW 66.44.291 and RCW 66.44.320 from Edmonds City
Code.
Narrative
<Type or insert text here>
Attachments:
2024-02-12 Ordinance Amending ECC 5.04
RCW 66.44 (Liquor Control)
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2.3.a
ORDINANCE NO. c
N
M
It
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING SECTION 5.04.010 ECC,
ENTITLED "ALCOHOLIC BEVERAGE CONTROL —
ENFORCEMENT", TO REMOVE REFERENCE TO =
REPEALED STATUTES; PROVIDING FOR
SEVERABILITY; AND SETTING AN EFFECTIVE DATE. N
WHEREAS, in 1985 the City Council passed Ordinance 2531 to adopt by reference
certain Washington state law charges relating to alcoholic beverage control enforcement into
the Edmonds City Code at Chapter 5.04 (Alcoholic Beverages); and
WHEREAS, the language of ECC 5.04.010 contains reference to statutes related to
alcoholic beverage control enforcement that have been repealed from the Revised Code of
Washington, and therefore the code language is no longer accurate; and
WHEREAS, the Police Department has recommended an update to the language of
ECC 5.04.010 to remove the references to the repealed statutes; and
WHEREAS, after review and discussion, the City Council has determined it to be
appropriate to amend Section 5.04.010 ECC to remove the references to repealed statutes RCW
66.44.291 and RCW 66.44.320;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. ECC 5.04.010, entitled "Alcoholic beverage control — Enforcement."
is amended as follows (deleted text is shown in st-ike through; new text is shown in underline):
5.04.010 Alcoholic beverage control — Enforcement.
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2.3.a
The following statutes of the state of Washington are adopted by reference and wherever the
word "title" or words "this title" are used therein the same shall be construed to mean and
refer to RCW Title 66 and "this act" shall mean and refer to the Washington State Liquor Act:
RCW
66.04.010 Definitions
66.20.200 Unlawful acts relating to card of identification and certification card
66.20.210 Licensee's immunity to prosecution or suit— Certification card as evidence of
good faith
66.28.080 Permit for music and dancing upon licensed premises
66.28.090 Licensed premises open for inspection — Failure to allow
66.44.010 Local officers to enforce law —Authority of board— Liquor enforcement officers
66.44.040 Sufficiency of description of offenses in complaints, information, process, etc.
66.44.050 Description of offense in words of statutes — Proof required
66.44.060 Proof of unlawful sale establishes prima facie intent
66.44.070 Certified analysis is prima facie evidence of alcoholic content
66.44.080 Service of process on corporation
66.44.090 Acting without license
66.44.100 Opening/consuming liquor in public, penalty
66.44.120 Unlawful use of seal
66.44.130 Sales of liquor by drink or bottle
66.44.140 Unlawful sale, transportation of spirituous liquor without stamp or seal —
Unlawful operation, possession of still or mash
66.44.150 Buying liquor illegally
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2.3.a
66.44.160 Illegal possession, transportation of alcoholic beverages
66.44.170 Illegal possession of liquor with intent to sell — Prima facie evidence, what is
66.44.175 Violations of law
66.44.180 Jurisdiction
66.44.200 Sales to persons apparently under the influence of liquor
66.44.210 Obtaining liquor for ineligible person
66.44.240 Drinking in public conveyance — Penalty against carrier
66.44.250 — Penalty against individual
66.44.270 Furnishing liquor to minor — Possession — Use — Exemptions
66.44.280 Minor applying for permit
66.44.290 Minor purchasing liquor
66.44.300 Treating minor, etc., in public place where liquor sold
66.44.310 Minors frequenting tavern Misrepresentation of age —Classification of licenses
66.44.316 Musicians 18 years and older permitted to enter and remain upon licensed
premises during employment
66.44.325 Unlawful transfer to a minor of an identification of age
66.44.328 Preparation or acquisition and supply to persons under 21 of facsimile of official
ID card — Penalty
66.44.340 Employees 18 years and over allowed to sell and carry beer and wine for class E
and/or F licensed employees
66.44.350 Employees, 18 years and over allowed to serve and carry liquor
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2.3.a
66.44.365 Juvenile driving privileges — Alcohol or drug violation
66.44.370 Resisting or opposing officers in enforcement of title.
Section 2. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 3. Effective Date. This ordinance, being an administrative function
of the city council, 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 ROSEN
ATTEST/AUTHENTICATED :
CITY CLERK, SCOTT PASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
JEFF TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
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2.3.a
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
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2.3.a
SUMMARY OF ORDINANCE NO.
of the City of Edmonds, Washington
On the day of 2024, 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 5.04.010 ECC,
ENTITLED "ALCOHOLIC BEVERAGE CONTROL —
ENFORCEMENT", TO REMOVE REFERENCE TO REPEALED
STATUTES; PROVIDING FOR SEVERABILITY; AND
SETTING AN EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this day of
2024.
CITY CLERK, SCOTT PASSEY
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66.44.291 Minor purchasing or attempting to purchase liquor — Penalty
against persons between eighteen and twenty, inclusive.
[2002 c 175 § 42; 1987 c 101 § 1; 1965 c 49 § 2.]
Repealed by 2003 c 53 § 421, effective July 1, 2004.
66.44.320 Sales of liquor to minors a violation.
[1973 1 st ex.s. c 209 § 19; 1933 c 2 § 1; 1929 c 200 § 1; RRS § 7328-1.]
Repealed by 1999 c 189 § 4.
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City Council Agenda Item
Meeting Date: 03/12/2024
Amending ECC 5.12.020-Contributing to the delinquency of a minor
Staff Lead: Commander Shane Hawley
Department: Police Services
Preparer: Alexandra Ehlert
Background/History
ECC 5.12.020 covers crimes related to minors. More specifically, adults committing crimes where a
minor might be a willing party, but due to their age, they are not able to consent or are unable to
possess something. The two main areas relate to possession of tobacco and applying tattoos to minors.
This amendment adopts by reference:
RCW 26.28.080 Selling or giving tobacco to a minor
RCW 26.28.085-Applying a tattoo to a minor
This amendment removes the following RCW's, as they have been removed or merged with those listed
above:
RCW 26.28.080(2)
RCW 26.28.080(3)
RCW 26.28.080(4)
RCW 26.28.080(5)
Staff Recommendation
Accept and modify Edmonds Municipal Code section 5.12.020 adding RCW 26.28.080 and RCW
26.28.085 and removing RCW 26.28.080 (sections 2-5) from city code.
Narrative
<Type or insert text here>
Attachments:
2024-02-12 Ordinance Amending ECC 5.12
RCW 26.28 (Crimes Involving Minors)
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2.4.a
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING SECTION 5.12.020 ECC,
ENTITLED "CONTRIBUTING TO THE DELINQUENCY OF
A MINOR", TO UPDATE STATUTORY REFERENCES;
PROVIDING FOR SEVERABILITY; AND SETTING AN
EFFECTIVE DATE.
WHEREAS, in 1985 the City Council passed Ordinance 2531 to adopt by reference
certain Washington state law charges relating to crimes relating to children and minors into the
Edmonds City Code at Chapter 5.12 (Children And Minors, Crimes Relating To); and
WHEREAS, the language of ECC 5.12.020 ("Contributing to the delinquency of a
minor.") contains reference to RCW 26.28.080 that has been substantially amended, and
therefore the code language is no longer accurate; and
WHEREAS, the Washington State Legislature has adopted RCW 26.28.085,
codifying a misdemeanor relating to applying a tattoo to a minor, which the Police Department
has recommended adopting by reference into the city code; and
WHEREAS, after review and discussion, the City Council has determined it to be
appropriate to amend Section 5.12.020 ECC to update the language adopting by reference
statute RCW 26.28.080, and to adopt by reference RCW 26.28.085;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. ECC 5.12.020, entitled "Contributing to the delinquency of a minor."
is amended as follows (deleted text is shown in stfike *t,,.,,,,g ; new text is shown in underline)
5.12.020 Contributing to the delinquency of a minor.
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2.4.a
In all cases when any child is dependent or delinquent as defined in RCW 13.34.030,
any person who, by act or omission, encourages, causes, or contributes to the dependency or
delinquency of such child, shall be guilty of a misdemeanor. These violations shall include but
not be restricted to violations of the following state statutes adopted herein by this reference:
RCW
26.28.080 Selling or giving tobacco to minor —Belief of representative capacity, no
defense —Penalty.
26.28.085 Applying tattoo to a minorPenalty.
Section 2. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 3. Effective Date. This ordinance, being an administrative function
of the city council, 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.
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2.4.a
APPROVED:
MAYOR MIKE ROSEN
ATTEST/AUTHENTICATED:
CITY CLERK, SCOTT PASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
10
JEFF TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
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2.4.a
SUMMARY OF ORDINANCE NO.
of the City of Edmonds, Washington
On the day of 2024, 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 5.12.020 ECC,
ENTITLED "CONTRIBUTING TO THE DELINQUENCY OF A
MINOR", TO UPDATE STATUTORY REFERENCES;
PROVIDING FOR SEVERABILITY; AND SETTING AN
EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this day of
2024.
CITY CLERK, SCOTT PASSEY
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2.4.b
RCW 26.28.080 Selling or giving tobacco to minor —Belief of representative capacity, no
defense —Penalty.
(1) A person who sells or gives, or permits to be sold or given, to any person under the age of twenty-
one years any cigar, cigarette, cigarette paper or wrapper, tobacco in any form, or a vapor product is
guilty of a gross misdemeanor.
(2) It is not a defense to a prosecution for a violation of this section that the person acted, or was
believed by the defendant to act, as agent or representative of another.
(3) For the purposes of this section, "vapor product" has the same meaning as provided in RCW
70.345.010.
[2019 c 15 § 1; 2016 sp.s. c 38 § 1; 2013 c 47 § 1; 1994 sp.s. c 7 § 437. Prior: 1987 c 250 § 2; 1987 c
204 § 1; 1971 ex.s. c 292 § 37; 1919 c 17 § 1; 1911 c 133 § 1; 1909 ex.s. c 27 § 1; 1909 c 249 § 193;
1901 c 122 § 1; 1895 c 126 §§ 1, 3 and 4; RRS § 2445. Formerly RCW 26.08.080, 26.08.090, and
26.08.100.]
Effective date-2019 c 15: "This act takes effect January 1, 2020." [2019 c 15 § 12.]
Finding—Intent—Severability-1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date-1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following RCW
9.41.010.
Severability-1971 ex.s. c 292: See note following RCW 26.28.010.
RCW 26.28.085 Applying tattoo to a minor —Penalty.
Every person who applies a tattoo to any minor under the age of eighteen is guilty of a
misdemeanor. It is not a defense to a violation of this section that the person applying the tattoo did
not know the minor's age unless the person applying the tattoo establishes by a preponderance of
the evidence that he or she made a reasonable, bona fide attempt to ascertain the true age of the
minor by requiring production of a driver's license or other picture identification card or paper and
did not rely solely on the oral allegations or apparent age of the minor.
For the purposes of this section, "tattoo" includes any permanent marking or coloring of the skin
with any pigment, ink, or dye, or any procedure that leaves a visible scar on the skin. Medical
procedures performed by a licensed physician are exempted from this section. [1995 c 373 § 1.]
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2.5
City Council Agenda Item
Meeting Date: 03/12/2024
Council Rules of Procedure Sections 3 & 8
Staff Lead: City Clerk
Department: City Clerk's Office
Preparer: Scott Passey
Background/History
In 2013, the City Council passed Resolution No. 1295, which adopted Robert's Rules of Order as its
parliamentary authority for the conduct of City Council meetings. In December 2013, the Council passed
Resolution No. 1306 adopting a Code of Conduct and in June 2015, the Council approved a Code of
Ethics by motion. On January 25, 2021, the Council adopted a new Code of Conduct by motion.
Because Resolution No. 1295 is limited to parliamentary procedure in the context of Council meetings,
such rules do not address many other processes and procedures in the conduct of City business. It is
thought that a more comprehensive set of rules would provide greater understanding and transparency
about the roles, rights, and responsibilities of councilmembers and facilitate the orderly conduct of
business within the context of council meetings.
The draft rules of procedure address Council organization, duties of officers, agenda preparation,
meeting management, consent agenda, public testimony, decorum, motions, and other important areas.
The draft also includes Council's recent adoption of a Code of Conduct as Section 6; this was done to
consolidate all applicable rules into one document.
It is important to note that many provisions of these rules of procedure are already governed by other
codes, statutes, and rulings. Any provision that is footnoted with a citation to the Revised Code of
Washington (RCW), the Edmonds City Code (ECC), or other statute or ruling is included for ease of
reference only and is not intended to be adopted as a rule because it already constitutes governing law.
Provisions that are not footnoted with a citation to the RCW or ECC are adopted by City Council
resolution as the Council's procedural rules and may be amended at any time by subsequent resolution.
On April 6, 2021, the Council passed Resolution 1470, which established that the Council adopted its
own Code of Conduct separate from that which applies to the Mayor and members of City boards,
commissions, committees, and work groups. The proposed Rules of Procedure and the Code of Conduct
were presented and discussed on February 4, 2020, January 26, 2021, and April 6, 2021. For comparison
purposes, prior drafts of the rules of procedure are included in the online Council meeting packets of
February 4, 2020 and March 3, 2020.
On April 6, 2021, a motion was passed to table consideration of the draft Rules of Procedure for a period
of three weeks. The draft rules were scheduled on the June 1, 2021 council agenda, but consideration
was postponed due to lack of time.
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2.5
On August 3, 2021, the Council considered the draft rules, made amendments, and instructed the city
attorney to bring back additional language for potential amendments to various sections of the rules.
A new Section 7 entitled "Code of Ethics" has been added to incorporate the Code of Ethics adopted by
the City Council on June 2, 2015.
On February 13, 2024, the PSPHSP Committee considered the proposed rules for Section 3 - Agenda
Preparation and Section 8 - Public Testimony. There was consensus to approve both sections but to
include an amendment to Section 8 - Public Testimony which would allow an attendee to speak either
during audience comments or following the staff report on a specific agenda item. It is proposed that
this change apply to in -person attendees and to use a modified sign -in sheet to enable the chair to
facilitate public testimony during the meeting.
Recommendation
Place approval of Council Rules of Procedure Section 3 - Agenda Preparation, and amended Section 8 -
Public Testimony on next available consent agenda.
Narrative
It is thought that approving the draft Rules of Procedure by Section, or in segments, would be the most
practical approach to accomplishing this 2024 goal. The draft includes 14 sections, as follows:
SECTION 1. AUTHORITY
SECTION 2. COUNCIL ORGANIZATION
SECTION 3. AGENDA PREPARATION
SECTION 4. CONSENT AGENDA
SECTION 5. COUNCIL MEETINGS
SECTION 6. COUNCIL CONDUCT
SECTION 7. CODE OF ETHICS
SECTION 8. PUBLIC TESTIMONY
SECTION 9. MOTIONS
SECTION 10. ITEMS REQUIRING FOUR VOTES
SECTION 11. ITEMS REQUIRING A UNANIMOUS VOTE
SECTION 12. COUNCIL REPRESENTATION
SECTION 13. REIMBURSEMENT OF EXPENSES
SECTION 14. SUSPENSION AND AMENDMENT OF RULES
Proposed Workplan for Adopting Council Rules of Procedure
1. Address the draft rules of procedure by section or segments, starting with the most
timely/highest priority section(s).
2. Focus on one segment each month:
a. City Clerk and Council staff review and indicate any recommended revisions.
b. Council President review.
C. Place on agenda for review of Council Committee
d. If committee recommends segment for council approval on consent - place on a future
consent agenda for approval and implement that segment as adopted policy.
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2.5
If committee recommends revisions or full council discussion - add to future council
business when agenda time allows.
Once all segments are approved, adopt a resolution with the comprehensive set of rules of procedures
as an attachment.
Attachments:
ROP Sections 3 & 8
Audience Sign -in to Speak 2024
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2.5.a
Section 3. Agenda Preparation.
3.1 Under the direction of the Council President and Mayor, the City Clerk will
prepare an agenda for each meeting of the full Council and Council committees,
specifying the time and place of the meeting and setting forth a brief general
description of each item to be considered by the Council. Agendas are subject to
review and/or modification by the Council President.
3.2 An item for a Council meeting may be placed on the agenda by one of the
following methods:
A Majority vote or consensus of the Council.
B. By the Council President or Council President Pro Tern when acting in the
absence of the Council President.
The Council President will make every effort to place an item Council
approved by consensus or majority vote on an agenda. If time is not
available for the requested date, it shall be placed on the next available
agenda.
3.3 Agenda memos shall be in a standard format. The Mayor shall determine the
format.
3.4 Agenda items will generally be prioritized in the following order of importance: 1)
joint meetings or presentations involving outside agencies; 2) items scheduled for
statutory compliance; 3) advertised public hearings; 4) continued items from a
prior meeting; and 5) items scheduled for convenience, such as those involving
outside consultants.
3.5 Except when the Council President has authorized an exception for items of an
emergency or unexpected nature requiring immediate action, ordinances
scheduled for Council action will receive a minimum of two readings. Action by
the Council (by the consent agenda, or council motion and vote) will always be
one of the readings. Other reading(s) will be in the number the topic warrants,
and could include any or all of the following-
1 . publication on the extended agenda
2. presentation of the topic by staff
3. discussion at council committee and/or meetings of the full council
4. public hearings (sometimes mandated by law)
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Section 8. Public Testimony.
8.1 Public Hearings:
A. Individuals will be allowed three minutes to speak.
B. The Presiding Officer may allow additional time for receipt of written
testimony when needed.
C. The Clerk shall be the timekeeper.
D. Prior to closing the public hearing, the Presiding Officer shall inquire if
there are any additional speakers other than those that have signed up
and previously spoken, and if there are, they shall be allowed to testify.
8.2 Other Audience Comment at Regular Meetings
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AS. Audience comments are offered at the beginning of regular meetings. This in
is an opportunity for members of the public to speak to any topic not listed a
as a public hearing or closed record review. t i�vther than hie O
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BS De .Audience comments on agenda topics may be given during the
Audience Comments portion of the meetina. or when that aaenda item is a
presented. If persons wish to comment during an agenda item, comments
will be taken after the staff report and before council deliberations. W40
have net already used their au dmenne GOrnment earlier in the meeting ydj!
have the- opportunity to use it instead d irinn a time made for this purpo%
in the middle of the individual nnunGil buciness ape ida items /after the
presentation f the nennil hi Isiness item onrJ nei �nnil n� iestiens an oe i
before nni moil deliberation enr! antinn when antinn is antinipate�J\ In
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addition to public hearings, each person shall have one opportunity to
comment per meeting. G aGh person shell sneak only enne outside of
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2.5.a
C. A sSeaker sign -up -form will be at the entry table. Speakers may indicate
whether they will speak during Audience Comments or during an agenda
item.
D. The procedures for the Public Hearing testimony in 8.1 A and C above are
generally followed for council comment; 8.1 D is followed for audience
comment as time allows.
8.3 When large numbers of people are signed up to speak on the same topic, the
Presiding Officer may request that the group(s) select a limited number of
speakers to cover their view and then ask all those who agree with that position
to stand at the conclusion of each presentation.
8.34 When representing the official position of a local agency or organization within
the city's jurisdiction, a speaker may be given five minutes and it will be recorded
as the official position of that organization. Requests for a five-minute
presentation must be made in advance and granted by the Council President or a
Council majority. Each organization shall have only one (1) five-minute
presentation per year.
8.45 Public testimony authorized in Section 8.2 and 8.3 may not include comments or
information on any quasi-judicial matter pending before the City Council, or on
any topic for which Council has closed the public record.
8.56 No person shall be allowed to address the Council while it is in session without
the recognition of the Presiding Officer.
8.67 It shall be unlawful for any person in the audience at a Council meeting to do any
of the following: Engage in disorderly, disruptive, disturbing, delaying or
boisterous conduct, such as, but not limited to, handclapping, stomping of feet,
whistling, making noise, use of profane language or obscene gestures, yelling or
similar demonstrations, which conduct substantially interrupts, delays, or disturbs
the peace and good order of the proceedings of the Council.'
8.78- Persons testifying shall identify themselves for the record as to name, City of
residence and any organization represented.
8.89 An instruction notice for speakers will be available at the meeting. Speakers will
be advised by the Presiding Officer that their testimony is being recorded.
1 Acosta v. City of Costa Mesa, 718 F.3d 800 (9th Cir. 2013), Id., at 816
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2.5.a
8.10 Time cannot be donated by one speaker to another.
8.11 No person may use audience comment to promote or oppose any candidate for
public office. In election years, a campaign officially begins when a candidate
files their candidacv with the elections office and continues throuah the election.
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2.5.b
SPEAKER SIGN -IN SHEET
EDMONDS CITY COUNCIL MEETING
AUDIENCE COMMENTS*
*Regarding matters NOT listed as a Public Hearing or Closed Record Review
Date, 2024
PLEASE PRIN1 YOUR NAME AND INFORMATION BELOW IF YOU WISH TO SPEAK.
NAME
CITY OF
RESIDENCE
SPEAKING DURING AUDIENCE
COMMENTS? YES OR NO
IF NO, AGENDA ITEM # AND/OR
TITLE.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
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