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2022-11-01 City Council - SP Agenda-33061 ►I Op E D o Agenda Edmonds City Council tnl. }nyo SPECIAL MEETING COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 NOVEMBER 1, 2022, 6:00 PM PERSONS WISHING TO JOIN THIS MEETING VIRTUALLY IN LIEU OF IN -PERSON ATTENDANCE CAN CLICK ON OR PASTE THE FOLLOWING ZOOM MEETING LINK INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM. US/J/95798484261 OR JOIN BY PHONE: US: +1 253 215 8782 WEBINAR ID: 957 9848 4261 CLOSED CAPTIONS ARE AVAILABLE USING THE ZOOM PLATFORM. CALL TO ORDER COUNCIL BUSINESS 1. Joint Meeting with the Planning Board (30 min) 2. City Attorney Code - Revisions to Chapter 2.05 ECC (30 min) ADJOURN Edmonds City Council Agenda November 1, 2022 Page 1 2.1 City Council Agenda Item Meeting Date: 11/1/2022 Joint Meeting with the Planning Board Staff Lead: Roger Pence Department: Planning Division Preparer: Michael Clugston Background/History The City Council meets periodically with the Planning Board in a joint meeting. Staff Recommendation N/A Narrative The Planning Board will be meeting with the Council in a joint meeting. The Board will provide a brief update focusing on its future work, and will solicit guidance from the Council. A Planning Board presentation is provided in Attachment 1. Attachments: PB Joint Council Meeting PP 11-1-22 Packet Pg. 2 1910 edmonds planning board Joint Meeting with Edmonds City Council 11.1.22 1936 Today Who we are POSITION # NAME 1. 2. 3. 4. 5. 6. 7. 8. Student Rep. Mike Rosen Roger Pence, Chair Matt Cheung Richard Kuehn Judi Gladstone, Vice Chair Beth Trag us -Cam pbel I Todd Cloutier Alternate (vacant) Lily Distelhorst, TERM 2022 2022 2023 2023 2024 2024 2025 2025 Packet Pg. 4 What we do Edmonds Planning Code Chapter 10.40 Planning Board Our basic responsibilities Study the issues, listen to public comments, hold p hearings, and make recommendations to the mayo and city council on: any changes to the Comprehensive Plan. any changes to text of the development cc any changes to the zoning map. Packet Pg. 5 What we do Other responsibilities Serve as an ongoing Parks Board: advise on parks planning projects. ✓ advise on acquisition and development of pai land and facilities. Undertake special projects assigned by the mayor city council, and such ad hoc duties that city count may assign. Packet Pg. 6 0 What we have been doing Since our last joint meeting 4.26.22 Planning Board agenda items have included: -Briefing on Waterfront Issues Study- -Briefing on Comprehensive Plan Update- -Briefing on Salmon Safe Certification- -Public Hearing on Edmonds Way rezone- -Briefing on Wireless Code Updating- -Briefing on BD2 Designated Street Fronts- -Two quarterly update briefings, Parks and Recreation Dept.- -Public Hearing on Wireless Code amendments- -Briefing on Phase II Tree Code amendments- -Development Services Activity Report- -Briefing on Equitable Engagement Framework- -Public Hearing on Permanent Design Standards for MF buildings in BD2 zc -Joint Meeting with Economic Development Commission- -Briefing on Tree Code Amendments- -Briefing on Climate Action Plan update- -Briefing on Comprehensive Plan Update- -Public Hearing on BD Designated Street Fronts- -Presentation of Proposed CFP & CIP for 2023-2028- Packet Pg. 7 What we plan on doing 2024 COMPREHENSIVE PLAN UPDATE -Vision Statement- -Community Sustainability- -Land Use- -Housing- -Economic Development- -Community Culture and Urban Design- -Utilities- -Capital activities- -Transportation- -Parks, Recreation, and Open Space - Packet Pg. 8 What we plan on doing DEVELOPMENT CODE MODERNIZATION -Designated Street Fronts- -Wireless facilities- -CG Stepbacks- -Minor Code Amendment Process- -Tree Code updates- -Five Corners BN zoning update- -Subdivision code updates- -Sustainable development code review and updat -Low-impact / stormwater code updates - Packet Pg. 9 What we plan on doing ADDITIONAL ITEMS FROM OUR EXTENDED AGENDA -Climate Action plan update and public outreacr -Housing policies and implementation- -Quarterly updates from Parks and Recreation- -Semi-annual Joint Meetings with City Council- -Periodic Development Activity Reports- -Further Highway 99 implementation - Packet Pg. 10 2.1.a L 0 m Im S IL a� z z 3 a� c as as c 0 z N N T- a IL c m m c 0 U c 0 m IL c d E z c� a Packet Pg. 11 2.2 City Council Agenda Item Meeting Date: 11/1/2022 City Attorney Code - Revisions to Chapter 2.05 ECC Staff Lead: Jeff Taraday, City Attorney Department: City Council Preparer: Beckie Peterson Background/History Chapter 2.05 of the Edmonds City Code, entitled "City Attorney," has not been updated since 1994. The code needs to be updated to reflect the current manner in which the City of Edmonds obtains its legal services. Staff Recommendation Deliberate regarding proposed revisions to chapter 2.05 ECC. Make amendments and take final action as deemed appropriate. Narrative Chapter 2.05 of the Edmonds City Code, entitled "City Attorney," has not been updated since 1994. The code needs to be updated to reflect the current manner in which the City of Edmonds obtains its legal services. A discussion draft was included in the August 16, 2022 council packet. The city attorney was asked by the council president to update that discussion draft for the August 23, 2022 council packet (and ultimately the September 6, 2022 council packet), taking into account the comments that the council had made on August 16. Keep in mind that the council did not make any motions about which amendments should or should not be included in the subsequent draft. So, an effort was made to include most of the ideas that were discussed, figuring that the council would make formal amendments as necessary to arrive at its final draft. A discussion draft was also included in the October 18, 2022 council packet. Many suggestions were made for possible revisions. An effort was made to incorporate those suggestions. But no motions were made or voted on. So, it is not clear whether the attached draft will be acceptable to the council or whether additional amendments may be necessary. The draft in this packet generally incorporates the council suggestions that were made on October 18, 2022, along with some other revisions that originated through the city attorney's own careful reading and reflection. The revisions that have been made since October 18, 2022 are highlighted in yellow. Attachments: 2022-10-27 Chapter 2.05 2022-10-27 Ordinance adopting 2.05 ECC (002) Packet Pg. 12 2.2.a Chapter 2.05 CITY ATTORNEY AND CITY PROSECUTOR Sections: 2.05.010 Legal counsel - Professional services contract. 2.05.015. Legal counsel - In house. 2.05.020 City Attorney Duties. 2.05.025. City Prosecutor Duties. 2.05.030 Compensation. 2.05.035. Performance review. I 2.05.010 Legal counsel - Professional services contract. Legal counsel services for the city of Edmonds, Snohomish County, Washington pursuant to the provisions of RCW 35A.12.020 shall may be provided through a -professional services contract. The Any such professional services contract shall be let on such basis as a majority of the Edmonds city council shall determine. The city council may, from time to time, with or without cause, on such basis as a majority of the Edmonds city council shall determine, undertake a reauest for proposal process for citv attornev and/or citv prosecutor servicesshall utilize rho Gandidates for presentation to the rite, council for its find approval, PROVIDED THAT nothing in this code or other city policy shall be construed as requiring the city council to undertake a request for proposal process prior to renewing or approving a contract for legal services. A A. -By its contract, the city council shall may approve appoint an individual or firm to be designated as city attorney. [Ord § 11 1QQ4,. ord. 29965 §1994; Ord. 926� 1, 19621. B. By its contract, the city council shafimay appoint an individual or firm to be designated as city prosecutor. I 2.05.015 Legal counsel - In house. Any appointment of an in-house city attorney, in-house city prosecutor, or in-house legal department shall require city council approval of the requisite FTE positions through the budget process prior to appointment. Additionally, any such attorney appointrn,844ed shall be subject to the "appointive officer" city council confirmation of each attornev so apige—Ated- 61SORR process set forth in chapter 2.10 ECC regardless of whether the attorney's position is a director -level position. Packet Pg. 13 2.2.a I 2.05.020 City Attorney Duties. A. The city attorney shall serve the City of Edmonds in a manner that comports with the Rules of Professional Conduct and the laws of the state of Washington. B. The city attorney shall advise the city authorities and officers on all civil legal matters pertaining to the business of the city_The city attorney shall indicate with a signature whether aeve allkordinances are approved as to form, PROVIDED THAT bond counsel shall provide that indication for bond ordinances. 4e-The city attorneyr shall represent the city in all actions brought by or against the city or against city officials in their official capacities, except in the following circumstances: 1) where city attorneys contract with the city expressly excludes such actions from its scope; 2) where representation is provided through an insurance compact, e-r contract, or tender of defense: 3) where the city council has contracted with a different individual or firm to represent the city in that particular action: and/or 4) where the city attorney has a conflict of interest that would prevent the representation. BC. In addition to the duties prescribed by the laws of the state of Washington as hereinabove set forth, the city attorney shall: 1. Attend all regular and special council meetings; provided, however, that the city attorney shall be required to attend committee meetings, study sessions, retreats, or other work meetings of the council only at the request and direction of the council, the council president, or the city administration; 2. Draft or approve as to form all ordinances (except those drafted by bond counsel), leases, an-d-conveyances, and such other instruments as may be required by the business of the city, including, but not limited to, ordinances and resolutions requested by city council action; 3. Attend all regular and werl meetings of the planning advisory board of the city of Edmonds, as requested by the council, the council president, the planning board, the planning board chair, or the city administration: 4. Provide training to the city council and the city's boards and commissions l; and other officers on the Open Public Meetings Act and other applicable legal topics, as requested by the city council, the council president, or the city administration: 5. Hold office hours at city hall and/or virtually, as requested, and be generally available to meet with and advise the city officials mayor's staff,• 6. Draft legal memoranda as requested by the city administration or action of the city council: and Packet Pg. 14 2.2.a 7. Work with city staff, as appropriate, to draft and present to the city council code amendments, as requested by the city council, the council president or by the city administration. 8. Perform other tasks as requested by the city council, the council president, or the city administration. The mayor and/or city council may assign the duties set forth in the preceding section accordingly. I 2.05.025 City Prosecutor Duties. A. The city prosecutor shall serve the City of Edmonds in a manner that comports with the Rules of Professional Conduct and the laws of the state of Washington. B. In addition to the duties prescribed by the laws of the state of Washington as hereinabove set forth, the city prosecutor shall: 1. Exercise discretion to pProsecute criminal violations of the city's code. 2. Defend any appeals or other review proceedings arising from the Edmonds Municipal Court. 3. Attend all sessions of the Edmonds Municipal Court. I 2.05.030 Compensation. The city's Any contract legal counsel atterRey shall be paid for services rendered pursuant to the terms of the contract approved by the city council and in accordance with an annual authorization for services as contained in the city council's budget. Such ithorizatinn terms shall provide for heurly fees and expenses. The city council may in its discretion contract for the services of more than one firm or individual to provide different legal services to the city_-a-R4 [Ord. 2,T 1 , 1994, Ord. 2319 §T199 Tgb' § -- Packet Pg. 15 2.2.a I 2.05.035 Performance review. The city council may, from time to time, with or without cause, on such basis as a majority of the Edmonds city council shall determine, undertake a performance review of the city attorney and/or city prosecutor. The mayor may, from time to time, with or without cause, in the mayor's sole discretion. undertake a separate performance review of the citv attornev and/or citv prosecutor. The mayor and city council may also conduct joint performance reviews as appropriate. v w LO 0 N L r Q cc U O r N c O 2 d d O U m L O Q r LO N L Q m �t U ti N O N N O N r C d !_ t V R r a Packet Pg. 16 2.2.b ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 2.05 OF THE EDMONDS CITY CODE CONCERNING THE CITY ATTORNEY AND CITY PROSECUTOR. WHEREAS, chapter 2.05 ECC has not been updated since 1994; and WHEREAS, there are many respects in which chapter 2.05 ECC no longer reflects the current reality of the manner in which legal services are provided; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 2.05 the Edmonds City Code, entitled "City Attorney," is hereby amended to read as set forth in Exhibit A, which is attached hereto and incorporated herein by this reference as if fully set forth (new text is shown in underline; deleted text is shown in st�ike- Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective Date. This ordinance is subject to referendum and shall take effect thirty (30) days after final passage of this ordinance. APPROVED: MAYOR MIKE NELSON Packet Pg. 17 2.2.b 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: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Pg. 18 2.2.b SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2022, 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 CHAPTER 2.05 OF THE EDMONDS CITY CODE CONCERNING THE CITY ATTORNEY AND CITY PROSECUTOR. The full text of this Ordinance will be mailed upon request. DATED this day of 12022. 4840-7251-8158,v. 1 3 CITY CLERK, SCOTT PASSEY Packet Pg. 19