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2024-01-02 Council MinutesEDMONDS CITY COUNCIL MEETING APPROVED MINUTES January 2, 2024 ELECTED OFFICIALS PRESENT Mike Rosen, Mayor Chris Eck, Councilmember Will Chen, Councilmember Neil Tibbott, Council President Michelle Dotsch, Councilmember Vivian Olson, Councilmember Susan Paine, Councilmember Jenna Nand, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Michelle Bennett, Police Chief Rod Sniffen, Assistant Police Chief Oscar Antillon, Public Works Director Whitney Rivera, Municipal Court Judge Todd Tatum, Comm., Culture & Econ. Dev. Dir. 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 Rosen in the Council Chambers, 250 5' Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Mayor Pro Tem Tibbott 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. ADMINISTRATION OF OATH OF OFFICE FOR NEWLY ELECTED OFFICIALS Municipal Court Judge Whitney Rivera administered the Oath of Office to Mayor Mike Rosen. City Clerk Scott Passey administered the Oath of Office to Councilmember Michelle Dotsch. 4. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 5. APPROVAL OF AGENDA COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER ECK, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Roger Pence, Edmonds, commented he has attended 200-300 council meetings in recent years and although he rarely speaks at the podium, tonight he wanted to welcome the newly elected officials. As the Edmonds City Council Approved Minutes January 2, 2024 Page 1 first public commenter of 2024, he looked forward to a better atmosphere in city hall, more collaboration and congeniality among members on the dais, no more reports of someone not speaking to them for two years, etc. He provided a list of what he referred to as the C words, communication, collegiality, congeniality, collaboration, comradery, cooperation, and cordiality, all qualities there need to be more of in city hall and on the dais. The City has enormous challenges ahead and getting the budget crisis under control which will be the top issue in the coming months and will require collaboration by all elected officials. Joan Longstaff, Edmonds, commented she is not timid about speaking to the council and takes every chance she can to speak to the council as she feels it is a special privilege to come together and speak to council. She started in real estate in 1971 in Magnolia and almost bought an office there. Had she done that, she would not have had a say. Edmonds residents not only have a privilege but a responsibility to participate in this wonderful community. She anticipated a fantastic, happy 2024 under this leadership and said she could not be more pleased. 7. RECEIVED FOR FILING 1. CLAIM FOR DAMAGES FOR FILING 2. WRITTEN PUBLIC COMMENTS 8. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER NAND MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 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 5. 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 TEM FOR 2024 City Clerk Scott Passey advised the same process used in previous years will be followed. He will call for nominations; nominations do not require a second. After all nominations have been made for council president, he will close nominations. At that time, anyone wishing to speak in favor of a nominee will be offered that opportunity, beginning with councilmembers who made nominations. Following those speeches, he will call for the vote in the order the nominations were made. As soon as a nominee receives four votes, he will declare the position elected and no further votes will be taken on any remaining nominees, if any. He called for nominations for council president. COUNCILMEMBER TIBBOTT NOMINATED COUNCILMEMBER OLSON FOR COUNCIL PRESIDENT IN 2024. COUNCILMEMBER PAINE NOMINATED COUNCILMEMBER TIBBOTT. With no further nominations, Mr. Passey declared nominations closed. Edmonds City Council Approved Minutes January 2, 2024 Page 2 Councilmember Tibbott commented after reviewing his schedule for the coming year, he will decline the nomination. Speaking in favor of his nomination of Councilmember Olson as council president, he explained he and Councilmember Olson, who was the council president pro tem during 2023, worked with the council's executive assistant to develop systems that served the council well during 2023. She helped improve communications among councilmembers as well as with citizens. He knew her to be a person who carefully reviews all meeting materials and especially financial records which will be very important during the coming year. Her attention to detail will serve the council well during budget deliberations that will continue during the first quarter. She has creatively improved community meetings and outreach and has a passion for bringing people together, getting them involved, and soliciting input. Councilmember Olson is the kind of leader the council needs in 2024 and he highly recommended her. Councilmember Paine spoke in support of her nomination of Councilmember Tibbott as council president. He has shown leadership and impartiality, he takes a comprehensive approach, he has been very inclusive, and he focused on council education to ensure councilmembers had a comprehensive understanding of issues the council considered during the past year. His approach has been low drama, has not been divisive, and has focused on ensuring community members and councilmembers are working well from the same sheet of music, something she has not seen before in her experience on council. She appreciated his approach and was disappointed he was not willing to be nominated. She recognized being council president was a lot of work and hoped he would consider putting his name forward. Councilmember Nand stated for the public's edification, being council president is a very labor and time intensive position and includes many extra meetings and a lot of coordination with the administration. She thanked Councilmember Tibbott for the incredible work he did in that role in 2023 and respected that for personal reasons he was unable to fulfill that role in 2024. Councilmember Eck raised a point of order, observing as one of the nominees declined the nomination, should there be another opportunity to make nominations. Mr. Passey advised nominations could be reopened if there were not four votes for the remaining nominee. NOMINATION OF COUNCILMEMBER OLSON AS COUNCIL PRESIDENT CARRIED (5-2), COUNCILMEMBERS PAINE AND ECK DID NOT VOTE IN FAVOR OF THE NOMINATION OF COUNCILMEMBER OLSON. Mr. Passey announced with five votes, Councilmember Olson is elected council president. Mr. Passey advised the same process would be followed for the election of council president pro tem. He asked for nominations for council president pro tem. COUNCILMEMBER NAND NOMINATED COUNCILMEMBER CHEN AS COUNCIL PRESIDENT PRO TEM. COUNCILMEMBER ECK NOMINATED COUNCILMEMBER PAINE AS COUNCIL PRESIDENT PRO TEM. With no further nominations, Mayor Rosen closed nominations for council president pro tem. In speaking to her nomination for Councilmember Chen as council president pro tem, Councilmember Nand said he has been like an older brother to her since she was appointed to council in 2022 during the thick of the budget season. Councilmember Chen and retired Councilmember Teitzel sat her down with the 1,000 page packet and the intense and terrifying budget book for 3 hours on a Monday to ensure she understood it backward and forward. Councilmember Chen's mentorship of newer councilmembers, which hopefully some of the newer councilmembers can also benefit from in the coming year as well as his activism in the Edmonds City Council Approved Minutes January 2, 2024 Page 3 community as a founding member of the Asian Service Center which serves immigrants and vulnerable populations across cities and demographics, speaks to how open minded and fair he is. She anticipated as council president pro tem, he would have an open door policy and treat everyone very fairly. Councilmember Eck clarified her nomination was not against any particular councilmember; she had the deepest respect for both nominees. There are major decisions ahead of the council this year and it is important to have someone who understands policy and is familiar with the array of issues the council will need to sort through. With Councilmember Paine's background, that is the reason for her nomination. Councilmember Olson said she had intended to nominate Councilmember Chen for this role. In addition to what Councilmember Nand said, she cited Councilmember Chen's responsiveness to texts, emails and phone calls in spite of a lot of other responsibilities he juggles which is a very important part of the council president and council president pro tem's roles. She acknowledged that was true of the other nominee for council president pro tem as well. NOMINATION OF COUNCILMEMBER CHEN AS COUNCIL PRESIDENT PRO TEM CARRIED (5-2), COUNCILMEMBERS PAINE AND ECK DID NOT VOTE IN FAVOR OF THE NOMINATION OF COUNCILMEMBER CHEN. Mayor Rosen announced with five votes, Councilmember Chen is elected council president pro tem. 2. RESOLUTION APPOINTING AN EDMONDS REPRESENTATIVE TO PARTICIPATE IN THE COMMUNITY TRANSIT BOARD COMPOSITION REVIEW AND SELECTION PROCESS City Clerk Scott Passey explained Community Transit's bylaws require the cities of the Snohomish County Public Transit Benefit Area 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 cities will also be involved in the selection process. He requested council select a councilmember and adopt the resolution in the packet appointing an Edmonds representative to participate in the Community Transit Board Composition Review and Selection Process. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, APPOINTING AN EDMONDS REPRESENTATIVE TO PARTICIPATE ON THE COMMUNITY TRANSIT BOARD. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO AMEND THE AMEND THE RESOLUTION TO STRIKE "AND AN ALTERNATE" IN THE TITLE OF THE RESOLUTION. AMENDMENT CARRIED UNANIMOUSLY. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO AMEND THE RESOLUTION TO STRIKE SECTION 2 IN ITS ENTIRETY. AMENDMENT CARRIED (6-1), COUNCILMEMBER NAND VOTING NO. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO AMEND THE RESOLUTION TO FILL IN THE BLANK WITH COUNCILMEMBER SUSAN PAINE. Council President Olson advised Councilmember Paine enjoyed serving in this role in the past and she did a great job representing the City. Edmonds City Council Approved Minutes January 2, 2024 Page 4 Councilmember Nand expressed support for Councilmember Paine's appointment, relaying she did not understand why the wording regarding an alternate was struck from the resolution. An alternate is often a great way to train a newer councilmember in the work of a board so they could become the representative in the future. AMENDMENT CARRIED UNANIMOUSLY. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 3. ORDINANCE ESTABLISHING AUTHORIZED EMPLOYEE POSITIONS AND PAY RANGES City Attorney Jeff Taraday explained this ordinance authorizes the hiring of certain employees. To those who may be wondering why this is being proposed now and doesn't the City already have this, new positions are typically approved via the budget process and show up in the budget book. The problem with that is the council doesn't have an established tool for making mid -year changes to the budget book in the event positions need to be added or subtracted which is what this ordinance will do. Looking at it through the lens of separation of powers, the council creates positions and authorizes the mayor to fill the positions the council creates. The mayor is authorized to fill only the positions the council creates. Staff is recommending adoption of this ordinance to create a more clear, one -stop place to determine what positions are authorized. Mr. Taraday continued, Attachment A to the ordinance illustrates the need for this. There were changes made in the police department in 2022 that were not processed through the normal budget process and therefore the last couple budget books contained inaccurate information that does not reflect actual employees in the police department. He referred to the change in the Police Assistant Chief from 1.0 to 2.0, relaying the last several budget books showed Police Assistant Chief as 1.0 but 2.0 are currently employed. That amendment would conform the authority to actually hired employees. Similarly, there is a change in the Sergeant position from 8.0 to 7.0 which was should have been made previously to conform with existing staff, but was not shown in the budget book. There may be other changes the council wants to make to this table over time, particularly as it addresses the budget situation and this could end up being a very useful tool for the council. Rather than making an amendment to the budget book, this table would be amended to reflect additions or reductions in staffing. Mr. Taraday continued, another feature of this ordinance that the council may find useful is the column for Salary Grade which reflects the authorized pay level. Authorized positions in the exhibit are grouped into three sections, funded at least 66.6% from the General Fund, funded 33.3%-66.6% from the General Fund, and funded 0%-33.3% from the General Fund. As the General Fund has been and likely will continue to be a point of focus for the council, organizing authorized positions in this manner will assist the council with understanding how the General Fund is spent. Councilmember Nand thanked Mr. Taraday and HR Director Neill Hoyson for their work preparing this information. She expressed concern with Section 4 of the ordinance which might have a chilling effect on the administration proposing new FTEs as needed. Mr. Taraday read 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." Councilmember Nand said she was considering an amendment to remove that section, but would leave it in the ordinance if her concern could be addressed. Mr. Taraday said the reason he recommended this language remain in the ordinance is there has been a problem in the past of what he would describe as casual Edmonds City Council Approved Minutes January 2, 2024 Page 5 authorization of new hires. He recommended the City return to a more formal authorization of new hires. Section 4 states if a position isn't shown in this ordinance in the correct quantity, then it does not exist and is not authorized; there is nowhere else that one needs to look. That was his thought in drafting that language, the clean and easy nature of it. Without that language there could be some confusion. He acknowledged and thanked the finance department for the work they did in helping to establish this table. He conceived of the table, but the finance department actually did the hard work to put the table together. Councilmember Nand expressed her thanks to Mr. Taraday, HR and the finance department. She asked Mayor Rosen if he had received any feedback from department directors regarding Section 4 such as concerns with their ability to hire as needed throughout the year. Mayor Rosen answered he has worked with staff for only a few hours, but that issue did not arise. Councilmember Nand suggested it would be within Mayor Rosen's purview to invite directors to address impacts this would have on their ability to hire. Mayor Rosen answered if the council wished to have feedback from the directors, he would be happy to do that. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO ADOPT AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING AUTHORIZED EMPLOYEE POSITIONS AND PAY RANGES. Councilmember Chen said his question is for clarification, and not directly related to the motion. City Clerk Scott Passey explained questions are part of debate so once a motion is made and seconded, if a councilmember's question relates to the subject matter, it is appropriate. Councilmember Chen expressed his appreciation to Mr. Taraday for proposing this tool and finance and HR for their help developing it. The list of authorized positions will be a very useful tool as it gives the council visibility of the City's headcount. He asked his clarifying question about hiring procedures, in particular the Police Assistant Chief. He understood the legitimacy and need for two Police Assistant Chiefs, but asked if during the hiring process, the practice was to hire the number that was already approved or in this case it seems like one position was approved and two were hired. Mr. Taraday answered the hiring process should proceed as follows: a determination should be made regarding whether the council has authorized the position and then the position is advertised, followed by recruiting and hiring. That did not happen in this case; there was a great deal of turnover at the higher levels of the police department and when the new leadership was hired, certain processes may not have been passed on to all the new leadership which may have contributed to the existing situation. In any case, it needs to be rectified. With regard to what prevails in the event of conflict between sections, Council President Olson commented it is not uncommon for contracts to say what will prevail if there is a conflict between sections, or between the contract and a labor union contract. She agreed with retaining the wording in Section 4. She observed staff was very busy in November and December, recalling this list of authorized positions was identified by the city attorney as a good idea and something she could see the value of based on what surfaced once the information was put in this format. She thanked the finance director and department and the city attorney for all their hard work. She found it to be of great value and she appreciated their making the time to do it. Councilmember Nand referred to Section 4, recalling during the lame duck session, the council attempted to pass a hiring freeze which could have had a damaging effect on vital services the City offers. Section 4 essentially freezes in place the number of FTEs on payroll until the ordinance is amended which is why she raised a concern with Section 4 and suggested it was worthy of discussion on the dais. Councilmember Paine expressed support for retaining Section 4, finding it was something that took a lot of time and corrects an action that needed to be corrected for 1 %2 years. Edmonds City Council Approved Minutes January 2, 2024 Page 6 Councilmember Eck expressed appreciation for the work done by Mr. Taraday, recalling she acknowledged during his previous presentation that she understood the intent and supports it. She also supported retaining Section 4. She did not believe the intent was to freeze hiring, but to ensure departments were staying within budget. Especially this year when the council is working through the budget, visibility is important to ensure hiring remains within the specified budget. Mr. Taraday offered the following points of clarification, there are a number of vacant positions included in the table. The table is not reflective of all the City's current employees; it reflects all the authorized positions which is a larger number than current employees. The council cannot adopt a hiring freeze because hiring is within the mayor's authority. The mayor can adopt a hiring freeze. The council's way of controlling budget through position control would be to amend this ordinance and remove the authority to fill the position. That might seem like a hiring freeze, but it is not, it is position control. MOTION CARRIED UNANIMOUSLY. 4. PUBLIC DEFENSE CONTRACT AMENDMENT HR Director Jessica Neill Hoyson explained this is an amendment to the public defense contract with Snohomish County Public Defense Association (SCPDA). The City has contracted with SCPDA for public defense since 2016. This amendment would extend that contract for one year. Kathleen Kyle, Executive Director, SCPDA, a non-profit law firm in Everett, said it has been an honor and a privilege for SCPDA to contract with the City to provide public defender services. SCPDA celebrated 50 years in 2023 and held its celebration at the Edmonds Waterfront Center. She also celebrated 25 years with the organization in 2023 so she lives and breathes public defense which means she may talk very fast and use unfamiliar terminology so she invited council questions. She reviewed: • Contract structure for 2024 is consistent with prior years o Costs are broken into three categories ■ Employee costs (the majority of costs) ■ Investigator and social worker costs, compliance with RCW 10.101.060 ■ Administrative costs. Comparing 2023 and 2024 Rates 2024 Q1, Q2, ,and Q3) Costs/Month 2023 2024 Attorney $17,300 $20,598 Invest/SW $9,300 $10,985 Admin $9,690 $7,154 Month Total $36,290 $38,738 The slight reduction in administrative costs is because the organization has grown and costs can be shared across more programs which slightly reduces the cost for the City of Edmonds. She proposed these costs for the first three quarters of 2024 and in the fourth quarter, the City make a step toward complying with the 2023 National Workload Study, authored by a consortium of national organizations including the American Bar Association, the National Center for Courts, the Rand Corporation, etc. She shared the following link to the complete study: https://www.rand.org/pubs/research reports/RRA2559-1.html. Ms. Kyle explained the National Workload Study looked at how public defense has evolved and the time necessary to provide effective assistance of counsel. The standards adopted in Washington State which were the national standards prior to this study were developed in the 1970s. Everyone now has smartphones, law enforcement has body cameras and vehicle cameras which substantially increases the amount of information generated in each case. The nature of public defense has also changed and what a public defender lawyer is expected to do and take into consideration in the defense of and mitigating a criminal charge has expanded to include immigration issues, driver's licensing and professional licensing, etc. Edmonds City Council Approved Minutes January 2, 2024 Page 7 Criminal convictions have impacts on education, housing, employment and health so one of the areas of public defense is now behavioral mental health. WSBA Public Defender Standards (based on 1970s studies) 0 150 felonies/year 0 400 misdemeanors/year ■ City of Edmonds paying approximately 4 hours of work per misdemeanor case which is not reasonable number of hours to provide effective assistance of counsel in modern times 0 250 juvenile criminal cases/year The new workload standards, instead of having one case be the equivalent of all other cases, looked at what drives cases and what drives workload in cases: 5 Misdemeanor Case Types o DUI — high o DUI — low o Misdemeanor — high o Misdemeanor — low o Probation violations Felony cases were also divided into different case types and a weighted system was created. For the purposes of her proposal, she is assuming all the 600 anticipated cases generated by the City of Edmonds assigned to the SCPDA in 2024 are low misdemeanors. This is consistent with charging trends year over year. Many of the crimes charged in Edmonds are crimes of poverty. It also allows the City and SCPDA to take this incremental step. She displayed a comparison of case weight (hours per case) and annual caseload standard based on case type from the National Workload Study which indicates a misdemeanor — low requires approximately 14 hours per case. She recommended adding a lawyer in the fourth quarter and reviewed the proposed cost for incremental compliance with the 2023 National Workload Study: Cost/Month Q1, Q2 & Q3 January to September 2024 1.75 Attorneys Q4 October to December 2024 2.75 Attorneys Attorney $20,598 $31,808 Invest/SW $10,985 $10,985 Admin $7,154 $7,154 Month Total $38,738 $49,947 Ms. Kyle advised the above is only an increase in the attorney cost; the cost for investigator/social worker or administrative costs have not been increased at this time. Those costs will increase, but this proposal will allow her time to determine how to further implement the National Workload Study in Edmonds as well as staff the attorney position. She chose the fourth quarter as the SCPDA does a lot of hiring of new applicants who graduate from law school and take the bar exam in July and learn they passed the bar in September and are ready to work in the fourth quarter. There is a public defender employee shortage and they are trying to implement this National Workload Study in a way that acknowledges realistic employee needs on the ground. There is also an expectation of SCPDA's employees to advocate for high quality public defense. additional Councilmember Tibbott observed there are changes in the way SCPDA provides services such as the new 2023 standards. He asked how many are mandated by the state or an outside policy source and how many are seen as best practices for the City of Edmonds. Ms. Kyle answered the National Workload Study has not been adopted in Washington State. The Washington State standards are adopted by the Washington State Bar Association and that work is ongoing. Although they have not been adopted yet, those discussions are occurring. She is a member of the Bar Association's Council on Public Defense and is monitoring those Edmonds City Council Approved Minutes January 2, 2024 Page 8 conversations. The National Workload Study has been adopted and recommended by the American Bar Association. Her recommendation to Edmonds is to implement it by adding a lawyer in the fourth quarter. Councilmember Tibbott asked if that was based on the workload she has seen over the last 10 or so years. Ms. Kyle answered she only studied the last three years (2021, 2022 and 2023) and consistently the National Workload Study applied there is over 4.5 full-time attorneys. To make an incremental step rather than one fell swoop, she is recommended the addition of one FTE. Councilmember Nand thanked Ms. Kyle for recognizing that low level misdemeanors in Edmonds are often crimes of poverty. With Edmonds' community court, mental health and diversion, the court is often the first point of contact for people who need serious social worker intervention which often occurs with their public defender. She asked how adding another public defender in the fourth quarter would speed up the process for helping the most desperate community members facing the legal system access services and possibly put a stop to a downward spiral. Ms. Kyle answered data for another city that SCPDA participated in showed when public defenders are overworked, cases take longer to resolve. Cases that take longer to resolve cost every stakeholder time and dollars over the course of that case and can often result in costs like incarceration because the lawyer needs more time to develop a mitigation plan, get the client released from jail, review the discovery, communicate with the prosecutor, and work out a reasonable solution, all of which cost money. She did not know how to capture that cost; the National Workload Study didn't attempt to determine the cost to the system of overworked public defenders. What this does on a real human level is allow time for the lawyer to establish a trusted, confidential relationship with each client. Each client will tell the lawyer what the most important driver for the case which is an individualized determination. Ms. Kyle continued, what they have seen in looking at this from a big picture is privilege has better outcomes and the disadvantaged have worse outcomes. The public defender's worst fear is people who are the most vulnerable have the worse outcomes and they do not want it to be because of their inability to spend time with the person, to learn why they came into the system, where their strengths are, how to help them exit the system, and where to build those strengths. There is also a need to review cases in a way that determines the best defense. Privilege and disadvantage show up in court systems differently than it does in education or medicine. In education and medicine, those who are more privileged or vocal will advocate more and have better outcomes. The more disadvantaged someone is, the more passive or differential they are to the system, the worse their outcomes are. In courts it is flipped; people who hire a lawyer of their choosing are more differential to the system and tend to have better outcomes. For people who are disadvantaged, it may look like they don't want to engage; but it is really a self -protected passivity to not choose between multiple bad options. It can also show up more vocally and more advocacy, but that can be construed as disrespectful to the system and often those people have worse outcomes. She was not saying this related to Edmonds, but from a very high level of looking at public defender systems. She concluded the ultimate goal of adding a lawyer is being able to spend time with clients to develop high quality defenses or mitigations and resolve their cases faster. Councilmember Nand said she has read a lot of scholarship literature from the Marshall Project about how people will often plead guilty to crimes they did not commit to avoid jail time so they don't lose their jobs. A rigorous public defender if very important for the constitutional guarantee of a speedy and just trial. Ms. Kyle answered not just to avoid jail but also not come back to court and have to take time off work or parenting obligations. People plead guilty just to get it over with and not have to continue to engage, particularly in these low misdemeanor categories. It is the public defender's job to educate the client on why defending yourself is the right thing to do, but also to be prepared in court so it does not have to be continued and the matter can be resolved in a more expeditious fashion. Council President Olson thanked Ms. Kyle personally for establishing a great work environment and the great job she does advocating for her organization, her lawyers and clients. In the challenge of attracting good talent to the public defender's office, sometimes it is the soft benefits of a good boss. She thanked Ms. Edmonds City Council Approved Minutes January 2, 2024 Page 9 Kyle for answering the questions she sent her today. She asked if the other contract cities received a similar bump in their terms, both in amount and timing. If anyone was getting preferential treatment, she hoped it was Edmonds because the City is really broke right now. Ms. Kyle answered she went through the economic downturn as the assistant director of SCPDA in 2008 and understood what hard times look like in government and government structures. SCPDA only represents people in four cities and each of those four are very unique. In the cities of Snohomish and Stanwood, they have seen a dramatic reduction in the number of referrals such that they are already meeting this standard via the prior contract. The City of Mukilteo gets a bonus due to renewing for a multiple year contract term and she will make the same proposals in the next term of their contract. For the public, Council President Olson pointed out this exact agenda item is a good case study to address why everything is getting so much more expensive in municipal government. SCPDA had been relying on a study done in the 1970s and a new study can have a significant impact as can be seen in this agenda item. Multiplying that by 20 other agenda items, the City ends up in the situation it finds itself in. The council is working hard and trying not to overpay for any services. Councilmember Paine asked if Mr. Berkowitz is still doing audits. Ms. Kyle answered yes. Councilmember Paine asked if he was up to speed on the National Workload Study and asked Ms. Kyle to describe the audit process he does. Ms. Kyle advised SCPDA meets with Mr. Berkowitz monthly to do an extensive monthly review. Mr. Berkowitz is the chair of the subcommittee for the Council on Public Defense working with the WSBA so he is very up to speed on the National Workload Study and is in contact with nationwide public defenders and how they are implementing the National Workload Study locally. He is supportive of her proposal and wrote a letter to the City expressing his support of her recommendation. Councilmember Paine commented the City is in the process of hiring additional police officers. She asked the impact more officers will have on the caseloads. She recalled studies in the 1970s that the King County Office of Public Defense saw an increase in caseload due to more officers. She asked Ms. Kyle's thoughts about that. Ms. Kyle answered yes, based both on studies that have been done and her 25 years of experience, a spike or dip in referrals is always linked to either law enforcement staffing or prosecutor staffing. She joked her crystal ball has been broken since the pandemic and her forecasting abilities are not what they used to be. After the 2008 housing crisis and working with the local prosecutor's office, they were able to predict trends based on staffing which she anticipated would continue to hold true. There are a lot of other variables in the system; one of her public defender sayings is looking at historical performance does not always predict the future; that is very true for human beings. One of the things that can be done is to be very mindful about how law enforcement is used and the guidance given to them. For example, the Edmonds City Council adopted a resolution regarding prosecution of DWLS3 which remains in effect and has had a significant impact. She will report on that during her annual report. There are ways to effectively implement law enforcement policies that don't drive people into the court system and into jails. Councilmember Dotsch asked if the goal is to spend more hours and have fewer people in the system, was that something SCPDA tracks and reports to the council. Ms. Kyle said her organization has not done recidivism studies and she was unsure if she could enlist partners like the Administrative Office of Courts to help do that. SCPDA does not get every case so they do not see everything that comes through the City, SCPDA only sees cases where a public defender is appointed. It would be good to look at all the data, not just a slice of the data. To the question of if the City is adding public defender services, how will that affect the outcomes, that is what the City is paying Mr. Berkowitz to do; he is the auditor of the public defender service. The City gets their money's worth; he is very thorough in his review and very exacting in what he thinks is being done well and where he wants to see improvement. There have been incremental improvements made during the time SCPDA has worked with Mr. Berkowitz. Edmonds City Council Approved Minutes January 2, 2024 Page 10 COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE CONTRACT WITH SCPDA FOR PUBLIC DEFENSE SERVICES. MOTION CARRIED UNANIMOUSLY. 5. PORT OF EDMONDS NORTH PORTWALK & SEAWALL RECONSTRUCTION PROJECT REQUEST FOR LETTER OF SUPPORT Angela Harris, Executive Director, Port of Edmonds, explained the intent of the presentation is to review the North Portwalk & Seawall Reconstruction Project and request a letter of support as they begin submission of several grants, the first of which is U.S. Department of Transportation's Rebuilding America Infrastructure with Sustainability and Equity (RAISE) discretionary grant and the City's support would mean a lot for that grant. She reviewed: • Port Commissioners o Commissioners are elected by the voters of the Port District for four-year terms. Port of Edmonds Commission Distria Map r rrrt Dlstrl ct t Janelle Cass Izz-T District 2 DISTI ICT 1 David Preston _ District 3 a✓ Jay Grant_ DIS ICT 2- At Large _ Solana Killin I _ _ --- •.-, KaYfe{ At Large D Positlon5 Steve Johnston — 2"th St. SW Port Overview o Brief History ■ The Edmonds Port district was created by popular vote in 1948 ■ 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 o Current Operations ■ 29 full-time employees ■ 2 part time staff members ■ 13 seasonal staff members o Four businesses ■ Marina operations - Public boat launch - Guest moorage - Boatyard - 50-ton travel lift - Covered, open & dry moorage - Fuel dock - Boat trailer storage - Emergency response access Edmonds City Council Approved Minutes January 2, 2024 Page 11 - 887 total boat slips/spaces Commercial rental properties - Harbor Square: Five multi -tenant buildings with over 102,400 square feet and 50 commercial tenants - Other rental properties • Anthony's Restaurant • Arnie's Restaurant • Jacobsen's Marine • Edmonds Yacht Club • Harbor Square Athletic Club • Edmonds Yacht Sales Environmental programs - Joint ownership of the Edmonds Marsh, one of the few urban saltwater estuaries remaining in the region. - Comprehensive Environmental Policy with Green Port initiatives and Integrated Pest Management Plan - Innovative Programs: marina cleanup dives; oyster shell cartridge system - Awards: Leadership Clean Boatyard Certification; Clean Marina Certification Public access - Portwalk: high -traffic public boardwalk connecting restaurants, shops, and city beaches and parks. - Community events: Sea Notes summer music, holiday and summer events - Fishing Charters and Whale Watching: Puget Sound Express had over 20,000 visitors in 2022. Brandon Baker, Deputy Executive Director, Port of Edmonds, reviewed: • Portwalk & Seawall Reconstruction 2021 condition survey found two major deficiencies in the current structure o Current State: Steel piles ■ Significant rust and delamination in 100% of piles o Current State: Concrete bulkhead ■ Good condition, no reconstruction needed o Current State: Timber piles ■ Significant rot in 90% of piles Replacement is needed now o "The proposed replacement of the structure is a requirement due to the approximate 5-year remaining lifespan before making it unsafe for public access." -CG Engineering Letter to the Port of Edmonds, May 2023 Risks from Inaction are High Edmonds City Council Approved Minutes January 2, 2024 Page 12 o More than $55 million in Port assets alone would be jeopardized by the failure of the seawall o Port and surrounding property lie within FEMA-designated high -risk flood zone Project Overview: Objectives o Seawall reconstruction (950 ft. long) o New Portwalk surface (13,000 sq. ft.) ■ Updated railing ■ Improved lighting ■ New dock safety gates ■ Public art ■ Updated landscaping ■ New and updated public plazas ■ New public restrooms Project Goals o Project Goal #1: ■ Repair the marina seawall and replace the Portwalk surface to provide flood protection and resiliency. o Project Goal #2: ■ Enhance public access and usability of Port property. Proiect Elements: Kev Locations �- Project Elements: Portwalk Surface o Current North Portwalk 9 • Project Elements: Central Plaza irrface Edmonds City Council Approved Minutes January 2, 2024 Page 13 • Project Details: Schedule o Completed ■ 5/27/21 30% Design Submittal ■ 8/20/21 60% Design Submittal ■ 10/14/21 SEPA Submitted ■ 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 o TBD ■ 100% Submittal ■ HPA Submittal (pending financing) ■ Building Permit Submittal (pending financing) Project Details: Funding o The engineering, permitting, and design process began in January of 2021. o Port Commission approved $617,823 for this process; funded project costs through 2023. o Subject to final design, cost of full project is currently estimated to be $25M. ■ For comparison, the Port's 2023 operating budget is $9.2M. o To reach our anticipated project completion goal of 2027, the Port is working 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 Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grant application funded through U.S. Dept of Transportation. COUNCILMEMBER NAND MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, THAT THE CITY OF EDMONDS PROVIDE THE PORT OF EDMONDS WITH A LETTER OF SUPPORT FOR THE NORTH PORTWALK & SEAWALL RECONSTRUCTION PROJECT. Councilmember Nand thanked the Port's executive team and commissioners in the audience for their incredible work on the Port. The Port is why Edmonds is known as the gem of Puget Sound, providing a very appropriate balance of commercial interest and environmental protectionism as well as public access. Councilmember Tibbott asked if the letter in the packet to be signed by the mayor was adequate. Ms. Harris answered that letter was great. Councilmember Tibbott expressed support for the maintenance and landscaping that is included in the project. He found it admirable that the Port was seeking grants for this large project that would be beneficial for the City of Edmonds and expressed his support for the project. Councilmember Paine asked about the indication it takes two years to get a JARPA permit. Ms. Harris answered she has heard 3-5 years. The Port is in year two and she is hopeful it will be approved this year. Councilmember Paine said that is incredible and is one of the reasons for the City's reluctance to touch Edmonds City Council Approved Minutes January 2, 2024 Page 14 water. She was impressed by the daylighting over the shallow waters to help fish life. She expressed her support for the project. Councilmember Chen relayed a story; he lived in Iowa for 10 years and friends from Iowa visited him in Edmonds this summer. He took them to the Edmonds waterfront and they remarked how lovely it was and said they want to move to Edmonds. The worn boardwalk demonstrates the timeliness of this project. He expressed his support for the project. He was glad the Port only asked for a letter of support and not financial support. Council President Olson thanked the Port for a long history of good government. She had the pleasure of being the Port liaison in the past. She noted the fun, extra things the Port does is not what makes the Port great, but she loves the holiday lights at the Port a couple weeks ago. MOTION CARRIED UNANIMOUSLY. 10. MAYOR'S COMMENTS Mayor Rosen thanked council for their graciousness, support and kindness tonight on his first meeting. He was honored to be the 37' person to serve as mayor of this very special place. Tonight all five critical pillars of the City that make government work were present; members of the community who are at the top of the organization chart; all three branches of government, legislative, executive, and judicial; and staff. It takes all five to make this thing work. Edmonds City Council met for the first time in August 1890; their very first ordinance, Ordinance No. 1, established licensing for the distribution of intoxicating beverages, followed by outlawing any house of ill -frame or any place for the practice of prostitution or, handwritten on the side, bawdy houses. He looked forward to working with everyone and doing the work of the City in 2024. 11. COUNCIL COMMENTS Councilmember Nand thanked outgoing councilmembers and the outgoing mayor and welcomed new councilmembers and the new mayor. She was excited to work with everyone on the dais and everyone in the audience including staff and passionate volunteers and commentors. She chose to wear her Hilary Clinton pin tonight because when she reads email from constituents, she hears a lot of fear. Society is going through very rapid changes and people are looking to civic and government leaders for guidance and support. She wanted to let people know that in council comments where she is free to speak her heart and her mind, she will always advocate for the platform of Hilary Clinton, and wished Roe v. Wade was still in effect and wished things were different in society than they are in 2024, but that is why local government is very passionate and committed. Even though councilmembers have diverse perspectives, she can say 100% they are all committed to serving the people. Councilmember Paine welcomed new councilmembers, commenting she looked forward to 2024, anticipating a busy year and major projects that include sorting through the budget, working through the RFA transition, and a big decision on Landmark. She looked forward to working with the council and mayor. Council President Olson thanked Councilmember Tibbott for his extraordinary service as council president in 2023, a year that required a lot of time and included a lot of challenges on a lot of fronts. She looked forward to serving as the 2024 council president. Just like in the general election where she pledged to serve those who supported her and those who didn't, she thanked those who supported her nomination as council president, but pledged to support and represent those who supported her as well as those who didn't. She looked forward to a busy and successful year for the City of Edmonds. Excellence is fun; the council has a lot of work ahead, but it will be fun. Edmonds City Council Approved Minutes January 2, 2024 Page 15 Councilmember Dotsch thanked staff and everyone who helped her on her first day. She looked forward to working with everyone on the dais, commenting everyone has been very gracious and welcoming. She looked forward to a busy, roll -up -our -sleeves kind of year and getting things done. She was especially humbled and honored to work for the people of Edmonds. Councilmember Tibbott wished everyone a Happy New Year. He was excited about a new year on the city council as well as the other things going on outside of council meetings. During the Christmas holidays, many had an opportunity to walk downtown and buy a few gifts; it was wonderful to enjoy the City. He looked forward to 2024. He advised next week's PSPHSP Committee will include a presentation by the consultant who will be analyzing the fire and EMS contract. He assured the council was being proactive, asserting its leadership as a legislative body to work toward the City's long term public safety needs and not sweeping anything under the rug. The council is looking at the very best options and assured there has been nothing but a cooperative and friendly relationship with the RFA. The RFA's fire chief has spoken with the council several times in the past to explain their position, provided written documents, and has been very helpful in terms of understanding the services they provide for the City. He anticipated that friendly discussion would continue as the council works through the details of how emergency services are provided. Councilmember Tibbott looked forward to a lot of community input which may be in the form of public hearings in council chambers and/or meetings in the community. The council is interested in the public's input and was confident the council will reach agreement on emergency services that serve all of Edmonds, services that everyone can be proud of. The council is working hard to make things happen and come together and he was very encouraged by how the council and new mayor were leaning into this project. Councilmember Chen wished the public and elected officials a Happy New Year. He went on two weeks of international travel and when he returned, he found it refreshing and renewed his commitment to serve this place he called home. He looked forward to the coming year, working with everyone from the new mayor to new councilmembers to staff members and community members. There are challenges ahead but solutions can be found by coming together and being a better and stronger community together. Councilmember Eck welcomed Mayor Rosen and Councilmember Dotsch and wished everyone a Happy New Year. She heard a lot from the community this past year about wanting a functional city council that works together. Councilmembers may disagree as they did at times tonight and may not always see things the same, but she is very hopeful and optimistic that this year the council will be professional, civil and work together keeping everyone in all parts of the community in mind. That is her goal and pledge and from what she is hearing, she is very optimistic. She looked forward to working with all elected officials this year. 12. ADJOURNMENT With no further business, the council meeting was adjourned at 8:35 p.m. 6' SCOTT PASSEY, C-1-11 CLERK Edmonds City Council Approved Minutes January 2, 2024 Page 16