2022-11-01 City Council - SP Agenda-33061
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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
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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
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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
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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.
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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.
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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-
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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 -
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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 -
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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 -
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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)
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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.
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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
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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' § --
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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
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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
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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.
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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
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