2023-08-08 PSPHSP CommitteePUBLIC SAFETY, PLANNING, HUMAN SERVICES & PERSONNEL
COMMITTEE MEETING
August 8, 2023
Elected Officials Present Staff Present
Councilmember Vivian Olson (Chair) Jessica Neill Hoyson, HR Director
Councilmember Jenna Nand Dave Turley, Admin. Services Dir.
Council President Neil Tibbott (ex-officio) Angie Feser, Parks, Rec. & Human Serv. Dir.
Councilmember Susan Paine Shannon Burley, Deputy Parks, Rec. & Human Serv. Dir.
Jeff Taraday, City Attorney
Scott Passey, City Clerk
1. CALL TO ORDER
The Edmonds City Council PSPHSP Committee meeting was called to order virtually and in the City
Council Conference Room, 212 — 5th Avenue North, Edmonds, at 3:30 p.m. by Councilmember Olson.
2. COMMITTEE BUSINESS
1. Committee Updates
• SR-104 & Highway 99 Cleanup
Councilmember Olson referred to an email in the packet from Shannon Burley explaining WSDOT has
contracted with a service provider to do cleanup. WSDOT does not have a social service division and
must use contracted services to uphold the law and offer individuals services prior to cleaning up
encampments. The cleanup process was expedited by an EPD/social worker team visiting the site in
advance of the cleanup. In addition to the cleanup, some trees will be limbed up to reduce use of the
site for shelter. The combination of federal laws and ownership of the site by a state agency creates a
multi -layer challenge that takes time to navigate; progress is being made and the City will continue to
collaborate with WSDOT. Councilmember Olson echoed Ms. Burley's thanks to the EPD and the social
worker for their ongoing efforts. To the extent that new solutions are identified, Councilmember Olson
relayed her belief that council would be supportive of making those efforts happen.
• Update on Opioid Settlement Funds
Councilmember Olson explained there was a settlement between the State of Washington and cities in
Washington. Funds have been received that are being moved into the Edmonds Opioid Response Fund
019. There are limitations on how those funds can be used for prevention and treatment. She suggested
forming a taskforce to discuss use of fund to ensure options for spending the money are well vetted.
Discussion followed regarding options for spending the money to best serve the community, the
PSPHSP committee discussing options instead of a task force, ensuring the funds are spent in
accordance with the settlement, and the process for vetting ideas.
Ms. Feser advised a senior leadership team comprised of the police department, mayor, human
services and finance has been formed to discuss options for distributing the funds in compliance with
regulations. She estimated the City will receive $50,000-$100,000 annually for up to 17 years. A
recommendation for distributing the funds will be presented to council. It was suggested a
councilmember participate on the work group.
2. Conflict Counsel and Public Defense Assessor Rates
08/08/23 PSPHSP Committee Minutes,
Ms. Neill Hoyson advised the City has a public defense contract with Snohomish County Public
Defender Association (SCPDA). When a conflict arises, the City has thee conflict attorneys who provide
public defense services. The City also contracts with Bob Boruchowitz to provide assessment and
advisement on public defense services. Mr. Boruchowitz has reviewed the current conflict counsel
compensation as well as his own contract and is recommending changes to the hourly rates.
Mr. Boruchowitz explained public defense is primarily provided by SCPDA; conflict panel lawyers
receive cases when the primary defender has a conflict of interest. The City is currently paying
$125/hour, far below what the prosecutor and city attorney are paid. He recommended increasing the
rate in January 2024 to $150 and to $175 in January 2025. The State of Maine recently increased their
public defense payment to $150/hour; the cost of living in most of Maine is less than Edmonds. Lawyers
in private practice in the region charge $300-$600/hour. This is a reasonable, modest increase and will
put Edmonds in a competitive position to retain and recruit conflict panel lawyers. He also recommended
an increase in his hourly rate.
Questions and discussion followed regarding paying conflict panel attorneys less than SCPDA, how the
3-person panel supports diversion at the community court level, budget for conflict counsel and public
defense assessor, support for increasing the rate to $150, rationale for the increase to $175 in 2025,
current prosecutor's hourly rate, difficulty attracting attorneys to the panel at the current rate, increase
in the rate as a percentage versus in comparison with public defenders, importance of resources for
public defense, conflict counsel's access to social workers, and services Mr. Boruchowitz provides.
Committee recommendation: Consent agenda.
3. Update on City Recruitments
Ms. Neill Hoyson referred to the update on recruitment in the packet and offered to respond to questions.
Questions and discussion followed regarding whether ARPA funds designated for retraining could be
used for staff training, hiring for a lower level position and training the person for a higher level position,
difficulty HR had filling the planning position, the difficult recruiting environment, changes made to
wages and benefits last year to make Edmonds a competitive employer, how funds allocated for a
position are used if the position is not filled, a suggestion to budget for new positions for % of the year,
addition of numerous positions in the 2023 budget, domestic violence coordinator candidate is in
background check, and the REDI manager.
Committee recommendation: Update
4. Cultural Arts Specialist Reclassification
This item was removed from the agenda and will be rescheduled at the next meeting.
5. Ordinance Allowing Five Hens per Single -Family Residence
Mr. Taraday explained this ordinance originated from 1-2 councilmembers who received requests from
residents. The proposed ordinance increases the number of hens allowed from three to five. There is
no consensus in nearby cities on the appropriate number of hens, numbers range from 3-6 and higher.
This is a matter of legislative discretion.
Questions and discussion followed regarding reasons for increasing the number of chickens allowed,
aggression between hens when there are no roosters, incorporating an animal welfare aspect into the
ordinance, rooster abandonment, code enforcement regarding chickens, allowing six and seven hens
and visiting roosters, getting public input on the change in the number of allowed chickens, and animal
welfare standards related to coops.
08/08/23 PSPHSP Committee Minutes, Page 3
I Committee recommendation: Full council
6. Ordinance Exempting Generators from Local Noise Regulations
Mr. Taraday relayed he was asked to draft a code amendment as a result of residents' requests to
councilmembers. A noise exemption for emergency generators would be in effect, 1) when an
emergency generator is operating during periods when no electrical service is available from the primary
supplier due to a natural disaster or a power outage, and 2) periodic testing (limited to 7 a.m. to 6 p.m.)
Questions and discussion followed regarding hours a generator can be tested, how emergency
generators are tested, referencing the code section regarding construction hours, and definition of
emergency generator.
Committee recommendation: Consent agenda
7. Ordinance to Amend ECC 10.55 Edmonds Youth Commission
Mr. Taraday explained an ordinance to standardize processes related to boards and commissions was
adopted by council earlier this year. It came to staff's attention that language in the youth commission
code conflicts with the code the council adopted. The intent of this ordinance is to harmonize the youth
commission code with the more recently adopted general board and commission provisions.
Specifically, with respect to incumbents, the code currently contains language that probably requires
incumbents to submit an application to be considered for re -appointment. The proposed language limits
applicability of the subsection G, recruitment of new commissioners, to when an incumbent
commissioner is not being reappointed to their position. Similarly, subsection E is clarified to state the
mayor or council may either reappoint an incumbent or appoint a new member.
Ms. Burley expressed support for this change, commenting it would be very helpful to retain high
performing youth commission members.
Committee recommendation: Consent agenda
8. Ordinance to Amend ECC 2.05 Concernina Citv Attornev and Citv Prosecutor
Councilmember Nand explained the ordinance would permanently constitute the legal assessment
subcommittee to initiate the request for proposal process and perform an annual assessment of the
performance of the city attorney and city prosecutor.
Questions and discussion followed regarding changing subcommittee to committee or working group,
how members are assigned, and the length of councilmembers' assignment to the subcommittee.
Committee recommendation: Full council
3. ADJOURN
The meeting was adjourned at 5:11 p.m.
SCOTT PASSE Y, C-i lY CLERK