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2023-08-08 City Council PSPHSP Packet1. Op E D o Agenda Edmonds City Council BLIC SAFETY -PLANNING -HUMAN SERVICES -PERSONNEL CITY COUNCIL CONFERENCE ROOM 121 - 5TH AVENUE N, EDMONDS, WA 98020 AUGUST 8, 2023, 3:30 PM COUNCIL COMMITTEE MEETINGS ARE WORK SESSIONS FOR THE COUNCIL AND CITY STAFF. COMMITTEE MEETING AGENDAS DO NOT INCLUDE AUDIENCE COMMENTS OR PUBLIC HEARINGS. STAFF AND COUNCILMEMBERS ATTEND COMMITTEE MEETINGS VIRTUALLY, AND MEMBERS OF THE PUBLIC ARE ENCOURAGED TO ATTEND THE SAME WAY. PERSONS WISHING TO ATTEND 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 DIAL -UP PHONE: US: +1 253 215 8782 WEBINAR ID: 957 9848 4261 IF MEMBERS OF THE PUBLIC CANNOT ACCESS THE VIRTUAL COMMITTEE MEETINGS WITH THEIR PERSONAL DEVICES, A MONITOR IS PROVIDED ON CITY COUNCIL COMMITTEE NIGHTS FROM 430- 930 PM AT THE CITY COUNCIL CONFERENCE ROOM AT 121 5TH AVE N, EDMONDS WA. COMMITTEE MEMBERS: VIVIAN OLSON (CHAIR), JENNA NAND, COUNCIL PRESIDENT (EX-OFFICIO MEMBER) CALL TO ORDER COMMITTEE BUSINESS 1. Committee Updates (10 min) 2. Conflict Counsel and Public Defense Assessor Rates (10 min) 3. Update on city recruitments (10 min) 4. Cultural Arts Specialist Reclassification (10 min) 5. Ordinance Allowing Five Hens per Single -Family Residence (10 min) 6. Ordinance Exempting Generators from Local Noise Regulations (10 min) 7. Ordinance to amend ECC 10.55 Edmonds Youth Commission (10 min) 8. Ordinance to Amend ECC 2.05 Concerning City Attorney and City Prosecutor (10 min) ADJOURN Edmonds City Council Agenda August 8, 2023 Page 1 2.1 City Council Agenda Item Meeting Date: 08/8/2023 Committee Updates Staff Lead: Committee Chair CM Olson Department: City Council Preparer: Beckie Peterson Background/History The purpose of this standing agenda item is to allow a mechanism for staff to provide committees with brief, verbal updates on an activity or project overseen by a department and so that the Council can be more aware of what is happening around the city. Updates will facilitate a better set of expectations for councilmembers, the public, and the staff. Recommendation N/A Narrative Requested Committee Updates for August 8, 2023: 1. Update on SR 104 & Hwy 99 Cleanup (email attached) 2. Update on Opioid Settlement funds (email attached) Attachments: email SR 104 & HWY 99 Cleanup email Turley Opioid Fund Packet Pg. 2 2.1.a From: Burley. Shannon To: Nelson, Michael Cc: Feser, Angie; Bennett. Michelle Subject: SR 104 & HWY 99 Cleanup Date: Monday, July 24, 2023 2:21:35 PM Attachments: innaae001.Dno Mayor Nelson, Writing to inform you (and Council BCC'd to avoid unintended quorum), that WSDOT has contracted with a service provider to do clean up work at this location beginning tomorrow (Tuesday 7/25). WSDOT does not have a social service division working for them and must use contracted services to uphold the law and offer individuals services prior to cleaning up encampments. This is often what takes a significant amount of time to get in place before cleanup can begin. Due in large part to our relationship with WSDOT and our ability to send an EPD/Social work team into the site in advance of the cleanup, WSDOT was able to speed up their process and put this in place faster. In addition to the cleanup we are also anticipating many of the tree's to be limbed up and the brush to be cleared away. We hope this will reduce the frequency of this particular site being used for shelter. Please know that the combination of federal laws and the site being owned by a state agency creates a multi -layered challenge that takes some time to navigate but for now, there is progress being made and we will continue to be in contact with WSDOT for ongoing collaboration. Special thanks to our EPD and Social Worker for their ongoing efforts. Best, Shannon Shannon Burley I Deputy Director I She/Her Frances Anderson Center 1 700 Main Street I Edmonds WA 98020 425.771.0230 (office) 1425.771.0232 (direct) 1425.248.5142 (cell) Website I Facebook I Instagram. EDMONDS PARKS, RECREATION & HUMAN SERVICES NOTICE OF PUBLIC DISCLOSURE: This e-mail account is public domain. Any correspondence from or to this e-mail account may be a public record. Accordingly, this e-mail, in whole or in part, may be subject to disclosure pursuant to RCW 42.56, regardless of any claim of confidentiality or privilege asserted by an external party. Packet Pg. 3 From: Turley, Dave <Dave.Turley@edmondswa.gov> Sent: Monday, July 24, 2023 5:00 PM To: Peterson, Beckie <Beckie.Peterson@Edmondswa.gov> Subject: RE: Opioid Settlement - request for PSPHSP committee update Beckie, I was thinking about this and I wanted to follow up with a comment. When this money was announced at the very end of 2022, it was still kind of an unknown. Now that we have received more guidance about how we should spend it, I think we should move it out of the general fund. We have a fund created about 5-6 years ago, Fund 019 called the Edmonds Opioid Response Fund. As part of the 2024 budget process I was planning on moving the money we have received so far over to fund 019 and making sure that all the future receipts get deposited to that fund. Just an FYI, following up on this earlier conversation. Thanks! Dave Packet Pg. 4 2.2 City Council Agenda Item Meeting Date: 08/8/2023 Conflict Counsel and Public Defense Assessor Rates Staff Lead: Jessica Neill Hoyson Department: Human Resources Preparer: Jessica Neill Neill Hoyson Background/History The City contracts with attorney's to provide conflict counsel services with their is a conflict with the Snohomish County Public Defenders. There are 3 conflict counsel on contract. Additionally the city also contracts with Mr. Bob Boruchowitz to provide assessment and advisement on our public defense services. Mr. Boruchowitz has reviewed the current compensation of the conflict counsel panel as well as his own contract and is making recommendations for changes to the hourly rates in those contracts. HR has reviewed his recommendations and find them to be appropriate based on both the inflation rate as well as parity with the City's other contracts for legal services. Staff Recommendation Forward to full Council at the next meeting for discussion and approval. Narrative Please see attached memos from Mr. Boruchowitz Attachments: memo CITY to increase rate for conflict counsel Memorandum to increase Assessor compensation Packet Pg. 5 2.2.a Memorandum To: Carly Derrick, Jessica N. Hoyson From: Bob Boruchowitz Re: Conflict Counsel Rates July 24, 2023 I am writing to recommend that the City raise the assigned counsel rate to $150 per hour effective January 1, 2024, and to $175 effective January 1, 2025. It has been more than two years since the City agreed to raise the hourly rate for assigned counsel to $125 per hour. With this proposed increase, the rate would remain far below what the City pays its contract city attorney firm. The conflict panel lawyers receive cases when the primary defender, the Snohomish County Public Defender Association, has a conflict of interest, which can occur when there are co-defendants, when the Defender represents a witness in the case, and when there is some other relationship that poses a potential conflict of interest. The three conflict panel attorneys were assigned 40 cases in Edmonds from June 2022 to June 2023. They submit quarterly reports. I generally meet with each attorney by zoom or by phone at least once per year. I have observed and/or listened to recordings of all of them in court appearances. There has been approximately a 12 per cent increase in inflation in two years.' The Consumer Price Index rose .4% in April 2023. 2 At that rate, the rise for the year is likely to be 4.8%, or a total of approximately 17 % since the City agreed to raise the rate. My understanding is that the cost of living in Edmonds has increased even more than the national average.3 Public defense counsel rates nationally are increasing. The state of Maine recently raised its assigned counsel rate to $150 effective March 1, 2023.4 The Federal courts are paying $164 per hour for 1 US Inflation calculator at https://www.usinflationcalculator.com/. 2 News Release, Bureau of Labor Statistics, May 10, 2023, available at https://www.bls.gov/news.release/pdf/cpi.pdf. 3 According to Payscale.com, the cost of living in Edmonds is 35 per cent higher than the national average and 20.5 per cent higher than in Everett. htWs://www.payscale.com/cost-of-living-calculator/Washington-Edmonds 4 "Effective March 1, 2023: A rate of One Hundred Fifty Dollars ($150.00) per hour is authorized for time spent by Counsel, and billed using MCILS electronic case management system, on an assigned case on or after March 1, 2023. " 94-649-301 Me. Code R. 5 2https://casetext.com/regulation/maine-administrative-code/department-94- independentagencies /division-649-maine-commission-on-indigent-legal-services /chapter-301-fee-schedule-and- administrativeprocedures-for-payment-of-court-or-commission-as signed -counsel / section-649-301-2-hourly-rate-of- a ment Packet Pg. 6 2.2.a Memo on Conflict Panel Compensation Page 2 noncapital work.5 The Federal travel reimbursement rate is 62.5 cents per mile. The presumptive misdemeanor maximum payment for Federal appointments is $3600. According to the new contract with Lighthouse Law Firm, Edmonds is paying its city attorneys hourly rates between $253 and $336. If the City prevails in a legal matter and the tribunal awards reasonable attorney fees to the City, the rates used to calculate the fee award range between $266 and $354. The City has hired a new prosecution law firm. The contract with the firm provides that the monthly rate will be adjusted on a yearly basis "based on a three-year rolling average of One Hundred Percent (100%) Seattle -Tacoma -Bellevue CPI-U, averaging the current year with the previous two years to determine the adjustment percentage". In addition, for some services, the City agreed as follows to pay the prosecution firm hourly rates ranging between $150 and $300 per hour: a. Non -criminal services, including but not limited to Extreme Disk Protection Orders, animal control matters, or other civil matters — $250.00 per hour b. Civil forfeiture cases — flat fee of S300.00 per case unless removed from a hearing before the chief law enforcement of cer, then billed at $150.00 per hour thereafter. Defense conflict panel attorneys must pay their own overhead, including office rent, equipment, insurance, utilities, electronic legal research costs, mandatory continuing legal education training, compensation for any support staff they have, state bar dues and fees ($478 in 2023), transportation costs, and provide for their own medical, dental, and life insurance and retirement benefits. We encourage the attorneys to belong to the Washington Defender Association that provides training and consultation advice. Dues for WDA are $200 per year. Unlike city employees who are paid for vacation and sick leave, the conflict panel attorneys are only paid for hours they bill for work on cases. As you know, "The City offers Medical, Dental and Vision insurance through the Association of WA Cities (AWC) to all regular full and part-time employees."' And eligible employees participate in the State Department of Retirement Systems (DRS) pension system. The conflict panel includes a lawyer with more than 17 years of experience, one with approximately 29 years of experience, and one with 10 years of experience. The lead attorney at Lighthouse has 24 years of experience and one of the attorneys at the lowest hourly rate has 23 years of experience and another has 11 years of experience. It is common for lawyers in private practice in the Puget Sound area to charge at least $300 per hour. One Seattle law firm advertises its rates as follows: 5 CJA Panel Attorney Hourly Rates, available at https:/ /www.are.uscourts.gov/sites/are/files/CJA%20Rate%2OSchedule.pdf. G Employee benefits web page, https://www.edmondswa.gov/cros/One.aspx?portalId=16495016&pageId=17263650. Packet Pg. 7 2.2.a Memo on Conflict Panel Compensation Page 3 Attorney Hourly Rates can range between $350 to $450 an hour. Paralegal and Legal Assistant Hourly Rates can range between $150 and $280 an hour. One -hour consultations are billed at a reduced hourly rate of $225 and are not subject to the 3% card processing fee.7 My recommended rate of $150 per hour for conflict panel counsel in 2024 and $175 in 2025 would still represent a considerable discount from what lawyers in the region can charge. Despite some outreach to experienced defense attorneys this year, I have received no new applications to be on the panel. I suspect that the relatively low hourly rate for Edmonds cases is a deterrent to lawyers who can earn substantially more in private practice. It would be good to have at least one more lawyer on the panel, and I hope that increasing the hourly rate would encourage applicants. Please let me know if you have questions. Thank you for your consideration. 7 Knauf Santos Law, web page at https://www.knaufsantoslaw.com/about-our-family-law-practice/how-you-arebifled/. Packet Pg. 8 2.2.b Memorandum To: Carly Derrick, Jessica N. Hoyson From: Bob Boruchowitz Re: Compensation for 2024 July 3, 2023 As you requested, I am providing a memorandum outlining my work as the Edmonds Assessor for Public Defense. I request an increase in the compensation for my work to $300 per hour in 2024. Below is a summary of my work in the past 12 months. In January 2023, I prepared and sent my annual report to you. I observed on zoom part of court proceedings in June 2022 and December 2022. I listened to recordings of court hearings from July, September, October, November, and December 2022, and from January, February, and June 2023. I listened to one of the Defender attorneys' trials in January 2023. During this period, I have been able to listen to and/or observe at least one court appearance by all of the Defender attorneys and all of the conflict counsel. I had zoom meetings nearly every month with the Snohomish County Defender Director and the supervisor for Edmonds defenders, and separately with the defender staff attorneys and occasionally their investigator. Prior to the meetings with the Director, I reviewed the Defender's monthly reports and often sent the Director and supervisor questions about the reports that we then discussed in our meetings. I reviewed the Defenders' quarterly certifications. I reviewed the invoices and quarterly certifications from the conflict panel counsel and periodically exchanged emails with them about the work. In February 2023, I met by zoom with the longest -serving conflict counsel. In June 2023, I talked by phone with the most recent member of the panel. I have sent an application to a prospective new member of the conflict panel. I met by zoom with Judge Rivera in October 2022 and April 2023. I have had email exchanges with the Judge and her Clerk. In September 2022 I attended by video a training on attorney -client relations that the Defenders presented to their attorneys. As you know, I have worked for the City since 2015, when I was paid $250 per hour. The City is paying me $275 per hour now. According to the CPI calculator, $250 in May 2015 had the same buying power as $319.72 now. Packet Pg. 9 2.2.b $ 250.00 in May 2015 has the same buying power as $319.72 in May t J C 2023 CPI Inflation Calculator bls.gov I have 49 years of experience in public defense, as a staff attorney, a director of a large non-profit defender office, as the founding president of the Washington Defender Association, as a clinical law teacher, and as a volunteer member of a variety of state and national organizations and committees working on public defense issues. I have continued to speak and write about public defense. I have been an expert witness on public defense issues on cases in Washington, New York, Louisiana, and California. I have participated in assessments of defender services in Utah, Idaho, Louisiana, Mississippi, Michigan, Illinois, New Hampshire, Nevada, Oregon, and the District of Columbia. For work on my most recent expert witness agreements, I am being paid $300 per hour. This remains below what Edmonds is paying its most senior city attorneys. It also is lower than what many attorneys in the region charge per hour. According to the new contract with Lighthouse Law Firm, Edmonds is paying its city attorneys hourly rates between $253 and $336. If the City prevails in a legal matter and the tribunal awards reasonable attorney fees to the City, the rates used to calculate the fee award range between $266 and $354. Large law firms nationally are charging more than $900 per hour for associate lawyer work.' Some of the most experienced partners in large firms charge as much as $1750 per hour.2 One Seattle law firm advertises its rates as follows: Attorney Hourly Rates can range between $350 to $450 an hour. Paralegal and Legal Assistant Hourly Rates can range between $150 and $280 an hour. One - hour consultations are billed at a reduced hourly rate of $225 and are not subject to the 3% card processing fee.3 The managing attorney in that firm was admitted to the Bar in 2005.4 1 `BigLaw Firms Offer Second -Year Associates Nearly $1,000 Per Hour," JD Journal, April 4, 2023, available at https: / /www.jdj ournal.com/2023/04/04/biglaw-firms-offer-second-year-associates-nearly-1000-per-hour/. 2 "This Biglaw Partner's Nearly $2,500 Hourly Rate Is Raising Some Brows", Above the Law, May 25, 22022, at https: / /abovethelaw.com/2022/05/this-biglaw-partners-nearly-2500-hourly-rate-is-raising-some-brows/. 3 Knauf Santos Law, web page at https://www.knaufsantoslaw.com/about-our-family-law-practice/how-you-arebiBed/. 4 https://www.mywsba.org/PersonifyEbusiness/LegalDirectory/LegalProfile.aspx?Usr_ID=000000036234. Packet Pg. 10 2.2.b My requested $300 hour rate is reasonable. Please let me know if you have questions and thank you for your consideration. I have enjoyed working with Edmonds and I look forward to continuing the work. Packet Pg. 11 2.3 City Council Agenda Item Meeting Date: 08/8/2023 Update on city recruitments Staff Lead: Jssica Neill Hoyson Department: Human Resources Preparer: Jessica Neill Neill Hoyson Background/History Review of the status of current recruitments for vacant City positions. Open police positions are listed but those are handled by the PD. I will request someone from the PD to be present at the meeting to discuss PD recruitments. Staff Recommendation <Type or insert text here> Narrative See attached document. Attachments: Copy of Recruitment Update - 08 02 23 Packet Pg. 12 2.3.a Date Posted Open Positions Vacancies - Posted/Current 3/7/2023 Water Maintenace Worker Posted - 2 / Current -1 3/3/2023 Gymnastics Assistant Posted - 4 / Current - 2 3/6/2023 Accountant - Public Works and Utilites Posted -1 / Current -1 3/6/2023 Deputy Director of Administrative Services Posted -1 / Current -1 3/6/2023 Seasonal Parks Maintenance Laborer Posted - 6 / Current -1? 3/6/2023 Administrative Assistant Posted -1 / Current -1 3/7/2023 Human Resource Manager Posted -1 / Current -1 3/7/2023 Human Resources Assistant Posted -1 / Current -1 5/16/2023 Associate Engineer Posted -1 / Current -1 5/16/2023 Parks Maintenance Worker Posted-6/Current-6 7/21/2023 Capital Projects Manager Posted -1 / Current -1 7/14/2023 Street Maintenance Laborer Posted - 2 / Current - 2 7/14/2023 Senior Planner/Partnerships Specialist Posted -1 / Current -1 7/14/2023 Traffic Control Technician Posted -1 / Current -1 7/18/2023 WWTP Supervisor Posted -1 / Current-1 Police Positions 1/1/2023 Police Officer (Entry Level) 1/1/2023 Police Officer (Academy Certified) Status One vacancy filled. Another is coming up shortly, so the department has asked me to keep this position open. Two hired, two more candidates in the background process Top candidate chosen. Draft offer letter sent for approval. Top candiate chosen. Reference checks in progess. Awaiting update, employee recently quit. Not sure if another will be hired before the end of the season. Candidate chosen for second interview with Department. Reviewing applicant responses to the supplemental questionaire. Applicants are being screened. Top candiate chosen. Background check in progess. There are five applicants currently in the background check process. First review date for applications is August 18. Applicants sent to department for review. Candidate chosen for initial interview. Waiting on resonse from candidate before scheduling. Interviews are being set up with two internal cadidates on August 10. Two internal applicants are under review by department. Union Classification Job Type Teamsters FullTime- Regular Hourly Part Time - NonRegular AFSCME Full Time - Regular Non -Represented Full Time - Regular Hourly AFSCME Non -Represented Non -Represented Non -Represented Teamsters Non -Represented Hourly Non -Represented Teamsters Non -Represented Seasonal Full Time - Regular Full Time - Regular Full Time - Regular Full Time - Regular Full Time - Regular Full Time - Regular Seasonal Full Time - Regular Full Time - Regular Full Time - Regular Packet Pg. 13 2.4 City Council Agenda Item Meeting Date: 08/8/2023 Cultural Arts Specialist Reclassification Staff Lead: Todd Tatum Department: Community Services Preparer: Todd Tatum Background/History The Cultural Arts Specialist position has evolved over time to include increased programmatic duties related to contracting, program oversight, and project management, specifically with respect to the Write on the Sound conference. This is a request update the job description of the Cultural Arts Specialist position from a pay grade NE- 29 to NE-31. The change is substantiated by the increase in Essential Job Functions and Minimum Qualifications. The employee in this position would be reclassified to the higher pay grade following full approval of the revised job description. Staff Recommendation Staff is recommending Personnel Committee approve the proposed changes to the Job Description for placement on the Consent Agenda. Narrative Attached is the redline Cultural Arts Specialist Job Description. Attachments: Cultural Arts Program Specialist (redline) Packet Pg. 14 2.4.a City of EDMONDS Washington Cultural Arts Program Specialist Department: Parks, Recreation & Cultural Services Pay Grade: NE-3129 Bargaining Unit: AFSCME, Council 2 FLSA Status: Non -Exempt Revised Date: january 2018 June 2023 Reports To: Community Services & Economic Development POSITION PURPOSE: Responsible for planning, implementation and administration of specific Cultural Services programs. Reporting to Arts and Culture Manager, the position is responsible for planning, organizing, coordinating, overseeing and guiding specific cultural arts programs. The work includes focus on day-to-day oversight of specific program activities, assisting with program innovation and development, planning implementation and evaluation and previdiRg syppei4 ef creative, design, promotional and clerical duties. Supervises varying numbers of volunteers and contracted instructors. Excellent communication skills and human relations skills are required due to considerable public contact. 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. • Plans and develops specific cultural arts programs, activities and special events, including a nationally known multi -day writing conference, other literary events, and summer concerts in the parks series. Responsible for coordination and implementation of specific EAC programs and activities. • Serves as the Write on the Sound conference coordinator. • Coordinates programs, including special events, recruiting and communicating with presenters, vendors, sponsors and community partners. Coordinates schedules and organizes meetings, workshops and programs including: special event planning, meeting with vendors, sponsors, community contacts and program participants. • Assures proper scheduling and set-up of facility for special program events and meetings and coordinates selection of registration platforms for events. • Recruits, trains, supervises and schedules volunteers for specific programs, including volunteer steering committee, communicating iob duties and responsibilities and tracking hours. • Supervises, directs, and schedules volunteers a.,^ ^^d instructors for specific programs, communicating job duties and responsibilities in a clear manner. • Evaluates programs and events through development of participant evaluations and compilation of participation statistics. Oversees and evaluates the work of specific program instructors. • Promotes programs using a variety of media, edits, and maintains informational and marketing materials, supervises design professionals for print materials; manages updates for the City website for Cultural Cultural Arts Program Specialist Last Reviewed: 5/24/2023 Last Revised: 9/1/2022 Packet Pg. 15 2.4.a JOB DESCRIPTION Cultural Arts Program Specialist Services programs and events; and prepares information for press releases, social media, and the Citv website. Develops and maintains informational and marketing materials, brochures and the City website for Cultural Services programs and events; posts information to the website; prepares, edits and updates a variety of print and digital program materials. Organizes and coordinates office functions, activities and communications for specific programs; orders program specific supplies as needed, assures efficient workflow and office operations and recommends improvements. • Maintains and updates information databases for specific programs including public art. • Monitors assigned program budgets, reviews and maintains records for expenditures and revenue, participates in special event budget development, researches funding sources and prepares and submits grants and sponsorship requests. Main+^ ns financial records on program revenue and expenditures; spanswship requests. • Prepares and monitors approved presenter contracts for conference and concerts and submits contracts for approval and payment. • Researches and recommends Oversees third party vendor service for registration, implements annual set- up, and provides customer service for special event registration process. • Provides staff support and administrative assistance to the Cultural Services Division, responding to inquiries from the general public, presenters, and participant in programs; providing clerical support to the Edmonds Arts Commission; and preparing the quarterly e-newsletter. boards and GOMM.ttees; prepares • Provides information and services to other City departments and personnel, and coordinates with various outside agencies and organizations. • Performs a variety of special duties, projects, activities and incidental duties as assigned. • Must be able to work a flexible schedule including some evenings and occasional weekends. Required Knowledge of: • Knowledge of community cultural arts practices including the literary, performing, and visual arts. • Administrative functions and operations of a City government. • Research methods, data collection and statistical analysis. • Accurate, lawful, and efficient record -keeping techniques. • Budget preparation, monitoring and control. • Basic principles of volunteer supervision and training. Knowledge of effective instructional methods and techniques related to program areas. • Techniques, platforms, and materials used in promotion and marketing. • Principles of customer service and public relations. • Effective oral and written communication principles and practices. • Knowledge of current office procedures, methods, and equipment Required Skill in: •_Planning and performing technical administrative office coordination duties in support of the Cultural Services programs. • Applying program/promect management techniques and principles. Cultural Arts Program Specialist Last Reviewed: "'"or 420237/10/2023 Last Revised: 9/1/2022 Packet Pg. 16 2.4.a JOB DESCRIPTION Cultural Arts Program Specialist • Financial record -keeping techniques and budget monitoring. • Maintaining records, files, and information in compliance with laws, policies, and procedures. • Interpreting, applying and explaining rules, regulations, policies, procedures and laws. • Preparing a variety of reports, logs, records and files related to assigned activities. • Maintaining confidentiality of sensitive information; working confidentially with discretion. • Problem solving, being flexible and working with diverse personalities. • Researching a variety of subjects and presenting information in an efficient, accurate manner. • Utilizing personal computer software programs and other relevant software affecting assigned work. . • Meeting schedules and time lines and ability to work independently. • Communicating effectively verbally and in writing, including public relations and customer service. • Preparing a variety of marketing materials and press releases. MINIMUM QUALIFICATIONS: Education and Experience: Bachelor's Degree in a related program of study and at IeastwiNa a rninirxwRn of twoyea%years' work experience in an arts field with program planning, special events, working with volunteers, promotion and coordination responsibilities or an equivalent combination ef edue^'I^^ and exec ^^^^ ^•�'^^ ' tht. Ault-wal m4s Associate's Degree wth a minimum of two years' experience working On the field, plus nrl.nn with volunteers anal PFE)gFam PFOMEAOR 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. Cultural Arts Program Specialist Last Reviewed: `/'"or 420237/10/2023 Last Revised: 9/1/2022 Packet Pg. 17 2.4.a JOB DESCRIPTION Cultural Arts Program Specialist Required Licenses or Certifications: Formatted: Left, Space Before: 0 pt, After: 0 pt, I • A Valid WA State Driver's License and a five-year driving abstract acceptable to the City's insurance spacing: single, Tab stops: Not at 1.38" requirements is required for any position that will drive for City business. • A criminal background check is required following a verbal offer of employment. Criminal history is not an +. automatic employment disqualifier. Results are reviewed on a case -by case basis. t� Valid State of %Nas ington Drover's Li ta= .tn Must be able ten sfull., n nleteeand pass a bael(gro end eheek V WORKING CONDITIONS: r to Environment: • Office environment and special events. d • Constant interruptions. Q' • Driving a vehicle to conduct work. Q Physical Abilities: R • Hearing, speaking or otherwise communicating to exchange information in person or on the phone. • Reading and understanding a variety of materials t� Operating a computer keyboard or other office equipment. Sitting, standing or otherwise remaining in a stationary position for extended periods of time. C • Bending at the waist, kneeling, crouching, reaching above shoulders and horizontally or otherwise positioning oneself to accomplish tasks. i • Lifting/carrying or otherwise moving or transporting up to 40 lbs. +r Hazards: • Contact with potentially dissatisfied or abusive -upset individuals. • Contact with hazardous chemical cleaners and sealants for art maintenance. Incumbent Signature: Cultural Arts Program Specialist Date: Last Reviewed: "'"or 420237/10/2023 Last Revised: 9/1/2022 Packet Pg. 18 2.4.a JOB DESCRIPTION Cultural Arts Program Specialist Department Head: Cultural Arts Program Specialist Date: Last Reviewed: 5124120237/10/2023 Last Revised: 9/1/2022 Q Packet Pg. 19 2.5 City Council Agenda Item Meeting Date: 08/8/2023 Ordinance Allowing Five Hens per Single -Family Residence Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History The current ordinance allows up to three hens per single-family residence within city limits. This regulation was presumably enacted to balance the community's interest in local food production with potential concerns over noise, sanitation, and neighborhood aesthetics. Staff Recommendation Consider the draft ordinance and direct the city attorney to make any desired revisions before the ordinance is considered by the city council. Narrative Recently, some community members have expressed interest in increasing the allowable number of hens per single-family residence. The draft ordinance would allow five hens per single-family residence, but the committee may wish to consider increasing or decreasing the allowed number. This proposed change is arguably supported by several considerations, including the promotion of self-sufficiency, improved social dynamics within the flock, enhanced food security, and alignment with broader sustainability goals. ANALYSIS: Food Security and Self -Sufficiency: Five hens would allow households to produce a greater number of eggs, fostering increased self-sufficiency and potentially reducing reliance on commercial eggs. Social Dynamics within the Flock: Animal husbandry principles suggest that a slightly larger flock might lead to a more stable social hierarchy among hens, potentially reducing aggressive pecking behavior. Community and Environmental Considerations: The proposed change may align with broader community values related to sustainability, local food production, and education. Potential Concerns: The increase in the number of hens could also raise concerns related to noise, waste management, and potential impacts on neighboring properties. NOTE: The author of this memo is not a hen -keeping expert. The statements above should not be given deference over contrary statements that the committee may receive from more reliable sources. Attachments: 2023-08-02 chicken ordinance ECC 5.05.130.1 Keeping of poultry Packet Pg. 20 2.5.a ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE EDMONDS CITY CODE RELATED TO THE KEEPING OF POULTRY IN RESIDENTIAL ZONES WHEREAS, the raising of backyard chickens contributes to self-sustainability and food security, allowing for more eggs to be produced locally; and WHEREAS, five female chickens per single-family residence provide an opportunity for a more robust and healthy flock, with a more stable social structure, thereby minimizing potential pecking order problems; and WHEREAS, five female chickens will produce a more substantial amount of eggs than three, which enables families to consume and share fresh eggs, thereby promoting community engagement; and WHEREAS, a limit of five chickens balances the need for local food production with potential concerns about noise, waste, and space, thus ensuring that raising chickens remains manageable for individual households; and WHEREAS, allowing five female chickens per single-family residence increases educational opportunities for children, helping them understand food sources, animal husbandry, and environmental stewardship; and WHEREAS, the allowance of five chickens aligns with emerging trends and standards in urban agriculture and homesteading, supporting broader community goals for sustainability; and WHEREAS, increased egg production within the community can reduce dependence on commercially produced eggs, thereby reducing transportation costs and associated environmental impacts; and WHEREAS, more hens may increase the resilience of local food systems by offering greater redundancy and diversity within small flocks, providing a buffer against potential disease or predation issues that can affect smaller numbers; and Packet Pg. 21 2.5.a WHEREAS, allowing five female chickens encourages responsible animal keeping, fosters compassion, and complements community values of self-sufficiency, collaboration, and ecological awareness; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 5.05.130.1 of the Edmonds City Code, entitled "Keeping of poultry and covered animals in residential zones," is hereby amended to read as set forth in Exhibit A, which is attached hereto and incorporated herein by this reference as if set forth in full (new text is shown in underline; deleted text is shown in stfi e ffif ., gh) 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. ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: Im JEFF TARADAY APPROVED: MAYOR MIKE NELSON Packet Pg. 22 2.5.a FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Pg. 23 2.5.a SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2023, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE EDMONDS CITY CODE RELATED TO THE KEEPING OF POULTRY IN RESIDENTIAL ZONES The full text of this Ordinance will be mailed upon request. DATED this day of , 2023. CITY CLERK, SCOTT PASSEY 4 Packet Pg. 24 2.5.b 5.05.130.1 Keeping of poultry and covered animals in residential zones. A. The keeping of poultry or covered animals within a residential dwelling unit, or upon the premises connected therewith, shall be prohibited except as provided in this chapter. B. Up to thFee five domestic female chickens may be kept on a lot(s) or premises associated with a single-family residential dwelling unit. A chicken coop or other pen or enclosure is an accessory structure and subject to all requirements of the applicable zone. An accessory dwelling unit shall not be considered as a separate dwelling unit when determining the number of chickens that may be kept on a single-family lot or lots (when a single-family residence is located on more than one lot). C. Covered animals are permitted to be kept on residential property zoned for single-family use (R zones) so long as they meet the requirements of ECC 5.05.130. See also: 5.05.115 Nuisances defined. Packet Pg. 25 2.6 City Council Agenda Item Meeting Date: 08/8/2023 Ordinance Exempting Generators from Local Noise Regulations Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History In light of the increasing importance of disaster preparedness, the role of emergency electrical generators has become essential. These generators are critical for various vital facilities that require continuous power. Current local noise regulations, as set forth in chapter 5.30 ECC, may hinder the rapid deployment and operation of these emergency generators. To address this concern, an ordinance is proposed to grant a temporary exemption from noise regulations for emergency electrical generators. Staff Recommendation Consider the draft ordinance and direct the city attorney to make any desired revisions before the ordinance is considered by the city council. Narrative The proposed ordinance is intended to strike a balance between the necessity for emergency power and the community's interest in noise control. Scope of Exemption: The exemption would apply only to generators used during genuine emergencies, such as power outages or natural disasters, and during required routine testing. Testing would only be allowed during daytime hours. NOTE: The author of this memo is not an expert in the use of electrical generators. The statements above should not be given deference over contrary statements that the committee may receive from more reliable sources. Attachments: 2023-08-02 generator ordinance 5.30.100 Exemptions_ (002) Packet Pg. 26 2.6.a ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RELATED TO EXEMPTING EMERGENCY ELECTRICAL GENERATORS FROM THE CITY' S NOISE REGULATIONS WHEREAS, the safety and well-being of the residents of the City of Edmonds are of paramount importance; and WHEREAS, emergency electrical generators are essential tools in ensuring uninterrupted power supply during unexpected power outages, natural disasters, or other unforeseen emergencies; and WHEREAS, the operation of emergency electrical generators is vital for the continuous functioning of critical facilities; and WHEREAS, local noise regulations in chapter 5.30 ECC may inadvertently hinder or delay the deployment and operation of emergency electrical generators; and WHEREAS, temporary exemptions from such noise regulations for emergency electrical generators are recognized as useful to endure power emergencies, without compromising the intent and purpose of existing noise control measures; and WHEREAS, it is in the public interest to balance the need for noise regulation with the necessity for emergency preparedness and response; and WHEREAS, the Edmonds City Council has considered the potential impact of the noise generated by emergency electrical generators and determined that the public benefits outweigh the temporary inconvenience; and WHEREAS, the Edmonds City Council seeks to enact an ordinance that provides clear guidelines for the exemption of emergency electrical generators from local noise regulations while ensuring adequate protections for residents against unnecessary noise; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Packet Pg. 27 2.6.a Section 1. Section 5.30.100 of the Edmonds City Code, entitled "Exemptions," 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 strike 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 ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: Im JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Pg. 28 2.6.a SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2023, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RELATED TO EXEMPTING EMERGENCY ELECTRICAL GENERATORS FROM THE CITY' S NOISE REGULATIONS The full text of this Ordinance will be mailed upon request. DATED this day of , 2023. CITY CLERK, SCOTT PASSEY 3 Packet Pg. 29 2.6.b 5.30.100 Exemptions. A. The following sounds are exempt from the provisions of this chapter at all times: 1. Noises caused by motor vehicles used for highway maintenance or noises caused in the performance of emergency work for the immediate safety, health or welfare of the community or of individuals of the community, or to restore property in a safe condition following a public calamity. 2. Sounds created by bells, chimes or carillons not operating for more than five minutes in any one hour. 3. Sounds originating from aircraft in flight, and from watercraft. 4. Sounds created by safety and protective devices, such as relief valves, where noise suppression would defeat the safety release purpose of the device. 5. Sounds created by fire alarms and emergency equipment operated by law enforcement, fire fighters and aid personnel. 6. Sounds created by the operation of equipment or facilities of surface carriers engaged in commerce by railroad. 7. Sounds originating from officially sanctioned parades and other events to which the general public is solicited to attend without charge and sounds originating from league or school sponsored athletic events. 8. Sounds caused by natural phenomena and unamplified human voices, except for public disturbance noises as set forth in ECC 5.30.130. 9. Sounds created by emergency generators when: a. Operating as necessary for their intended purpose during periods when there is no electrical service available from the primary supplier due to natural disaster or power outage; b. Conducting periodic testing, as required by the manufacturer. Testing shall be limited to the hours after 7:00 a.m. and before 6:00 p.m. B. The following sounds between the hours of 10:00 p.m. and 7:00 a.m. are exempt from the provisions of this chapter, pursuant to a concurring public works staff decision, balancing the same factors as listed in ECC 5.30.120(C)(1) through (5), and approved by the mayor or the mayor's designee: 1. Sounds originating from street construction or repair projects performed by or on behalf of the city of Edmonds. Packet Pg. 30 2.6.b 2. Sounds originating from the repair or installation of essential utility services performed by or on behalf of the city of Edmonds such as, but not limited to, sanitary sewer, domestic water, electrical, natural gas and other essential utility services. [Ord. 4074 § 1 (Att. A), 2017; Ord. 2531, 1985; Ord. 2193 § 11, 19811. Packet Pg. 31 2.7 City Council Agenda Item Meeting Date: 08/8/2023 Ordinance to amend ECC 10.55 Edmonds Youth Commission Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History Earlier this year the Edmonds City Council adopted Ordinance 4308 to standardize certain processes related to its boards and commissions. Ordinance 4308 created a new section that reads, "Incumbents who are eligible and interested in serving another term need not submit an application to be considered for re -appointment to another term." Chapter 10.55 ECC, entitled "Edmonds Youth Commission," currently contains language that probably requires incumbents to submit an application to be considered for re -appointment. This issue is timely because a question has been posed recently as to whether a current valued member of the Youth Commission could be reappointed without going through the full application process that is used for open positions. Recommendation Consider the draft ordinance and direct the city attorney to make any desired revisions before the ordinance is considered by the city council. Narrative Introduction of ordinance allowing incumbent Youth Commission members to be reappointed without submitting a new application. The attached proposed ordinance would better align chapter 10.55 ECC with the council's recent adoption of Ordinance 4308. Attachments: 2023-08-03 Youth Commission amendments ordinance ECC 10.55.020 Appointment, membership and terms of appointment. Packet Pg. 32 2.7.a ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON RELATED TO THE EDMONDS YOUTH COMMISSION AND THE APPOINTMENT OR REAPPOINTMENT OF ITS MEMBERS WHEREAS, earlier this year the Edmonds City Council adopted Ordinance 4308 to standardize certain processes related to its boards and commissions; and WHEREAS, Ordinance 4308 created a new section that reads, "Incumbents who are eligible and interested in serving another term need not submit an application to be considered for re -appointment to another term; and WHEREAS, chapter 10.55 ECC, entitled "Edmonds Youth Commission," contains language that probably requires incumbents to submit an application to be considered for re- appointment; and WHEREAS, this issue is timely because a question has been posed recently as to whether a current valued member of the Youth Commission could be reappointed without going through the full application process that is used for open positions; and WHEREAS, the Edmonds City Council would like to better align chapter 10.55 ECC with Ordinance 4308; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Edmonds City Code, section 10.55.020, entitled "Appointment, membership and terms of appointment," is hereby amended to read as set forth in Exhibit A hereto, which is incorporated herein by this reference as if set forth in full (deleted text shown in s4ikethr-eugh; new text shown in underline). 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: Packet Pg. 33 2.7.a MAYOR MIKE NELSON ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Pg. 34 2.7.a SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2023, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON RELATED TO THE EDMONDS YOUTH COMMISSION AND THE APPOINTMENT OR REAPPOINTMENT OF ITS MEMBERS The full text of this Ordinance will be mailed upon request. DATED this day of , 2023. CITY CLERK, SCOTT PASSEY Packet Pg. 35 2.7.b 10.55.020 Appointment, membership and terms of appointment. The youth commission consists of nine voting members and two alternates. The members of the commission shall be appointed in the following manner: A. Each council member may appoint one commission member, to commission positions 2 through 8, respectively, according to the table below: Appointing City Council Position Corresponding Edmonds Youth Commission Position 1 2 2 3 3 4 4 5 5 6 6 7 7 8 B. The mayor may appoint four members, positions 1 and 9 and alternates 10 and 11. C. Each member shall be appointed to a term of two years beginning October 1st and ending September 30th. Graduating seniors will be appreciated as they leave the commission in June, and new appointments will be made for those vacant positions the following October. D. An alternative commissioner shall be appointed to serve in the event any regular commissioner is absent or disqualified for any reason. In the event a regular commissioner is absent or disqualified for any reason, such as lack of participation, multiple absences, or any other reason, the alternate shall have all the powers of a regular commissioner. If two alternates are present and only one is needed, position 10 shall be the one entitled to vote. E. The city council and mayor s4A may either reappoint an incumbent or appoint a new members to fill toe expiring terms on the youth commission. If, for any reason, such as disqualification or inability to complete their term, a vacancy occurs during the term of a youth commission member, that position may be deemed vacant by the holder of the office that appointed the commissioner (e.g., mayor or council member) and such office holder may appoint a replacement commissioner for the remainder of the unexpired term for that position F. Eligibility. Persons appointed to serve on the commission shall reside within, but need not attend school within, the city of Edmonds city limits, and must be entering grades nine through 12, or be of equivalent age if not enrolled in a traditional school program. Packet Pg. 36 2.7.b G. Recruitment of New Commissioners. This subsection applies only when an incumbent commissioner is not being reappointed to their position. In such cases, n-dew commissioners shall be recruited in September of each year for positions whose terms will be ending that year. Recruiting efforts should be structured to encourage candidates to apply from a wide range of backgrounds, perspectives, schools and neighborhoods. In October of each year, appointments shall be made from the body of applicants to positions whose terms are expiring. Then -;hall-be PA tprm limits as leRg as eligibility as met. H. Term Limits. There shall be no term limits as long as eligibility is met. Packet Pg. 37 2.8 City Council Agenda Item Meeting Date: 08/8/2023 Ordinance to Amend ECC 2.05 Concerning City Attorney and City Prosecutor Staff Lead: Councilmember Nand Department: City Council Preparer: Beckie Peterson Background/History On January 3, 2023, Council approved formation of the new City Attorney Assessment Subcommittee, comprised of three council members. This Subcommittee is tasked with assessing the work of the City Attorney and providing information to Council on management decisions related to the City's relationship with its legal service providers Recommendation Consider the draft ordinance amending ECC 2.05.010 and ECC 2.05.035 and forward to full council for adoption. Narrative Introduction of ordinance permanently constituting the Legal Assessment Subcommittee to initiate the request for proposal process and to perform an annual assessment of the performance of the City Attorney and the City Prosecutor. The amendment to ECC 2.05.010 seeks to clarify that only Council may initiate the decision to publicize a request for public process to replace the City Attorney or the City Prosecutor. The amendment to ECC 2.05.035 seeks to permanently constitute the Legal Assessment Subcommittee to assess the City Attorney and the City Prosecutor's performance and, as needed, make a recommendation to Council to seek to a request for public process or otherwise transition either role towards an in-house position as a city employee. Attachments: 2023.08.3 - Ordinance adopting 2.05 ECC Packet Pg. 38 2.8.a ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING PORTIONS OF CHAPTER 2.05 OF THE EDMONDS CITY CODE CONCERNING THE CITY ATTORNEY AND CITY PROSECUTOR. WHEREAS, chapter 2.05 ECC was last updated in 2022 with Ordinance 4279; and WHEREAS, the council would like to further amend chapter 2.05 to further clarify the respective roles of the city council and administration; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 2.05.010 of the Edmonds City Code, entitled "Legal counsel — Professional services contract.," 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 stfike thr- ,, gh) Legal counsel services for the city of Edmonds, Snohomish County, Washington pursuant to the provisions of RCW 35A.12.020 may be provided through professional services contract. Any such professional services contract shall be let on such basis as a majority of the Edmonds city council shall determine. , with or- without request for- proposal p o s for- eiyy att o anEtlor- eiyy r o „ter- se o • p Only the city council may, from time to time, with or without cause, by means of a majority vote, determine to publicize a reauest for proposal process for citv attornev and/or city prosecutor services. [P]rovided; 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. By its contract, the city council may appoint an individual or firm to be designated as city attorney. Packet Pg. 39 2.8.a B. By its contract, the city council may appoint an individual or firm to be designated as city prosecutor. [Ord. 4279 § 1 (Exh. A), 2022; Ord. 3000 § 1, 1994; Ord. 2996 § 1, 1994; Ord. 926 § 1, 1962]. Section 2. Section 2.05.035 of the Edmonds City Code, entitled "Performance review," 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 t;vo th -,,,,g ). The city council shall convene a permanent, standing Legal Assessment Subcommittee, comprised entirely of three council members or less, who undertake the responsibility of assessing both the city attorney and the city_ prosecutor's performance on an annual basis. The Legal Assessment Subcommittee may make a recommendation, from time to time, as needed, to the entire council to either continue with the present professional services contracts, publicize a request for proposal process, or seek to transition towards making either the city attorney or city prosecutor positions as employees of the city administration. may, ftem fifne-te time, with 0 without cause, on sueh basis as a majority of the Edmonds eivy eouneil shall , , mayor'sftem fifne to time, with or- without eatise, in the . The mayor and city council may also conduct joint performance reviews as appropriate. [Ord. 4279 § 1 (Exh. A), 2022]. Section 3. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Packet Pg. 40 2.8.a Section 4. 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. 41 2.8.a ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: Im JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Pg. 42 2.8.a SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2023, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING PORTIONS OF 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 , 2023. 4840-7251-8158,v. 1 k' CITY CLERK, SCOTT PASSEY Packet Pg. 43