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2024-10-08 Council Packet1. 2. 41 OE LUMG do Agenda Edmonds City Council REGULAR MEETING COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 OCTOBER 8, 2024, 7:00 PM REGULAR COUNCIL MEETINGS BEGINNING AT 7:00 PM ARE STREAMED LIVE ON THE COUNCIL MEETING WEBPAGE, COMCAST CHANNEL 21, AND ZIPLY CHANNEL 39. TO ATTEND VIRTUALLY, CLICK ON OR PASTE THE FOLLOWING ZOOM MEETING LINK INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS:HZOOM.US/J/95798484261 BY PHONE: +1 253 215 8782 WEBINAR ID: 957 9848 4261 CALL TO ORDER/FLAG SALUTE LAND ACKNOWLEDGEMENT WE ACKNOWLEDGE THE ORIGINAL INHABITANTS OF THIS PLACE, THE SDOHOBSH (SNOHOMISH) PEOPLE AND THEIR SUCCESSORS THE TULALIP TRIBES, WHO SINCE TIME IMMEMORIAL HAVE HUNTED, FISHED, GATHERED, AND TAKEN CARE OF THESE LANDS. WE RESPECT THEIR SOVEREIGNTY, THEIR RIGHT TO SELF-DETERMINATION, AND WE HONOR THEIR SACRED SPIRITUAL CONNECTION WITH THE LAND AND WATER. 3. ROLL CALL 4. PRESENTATION 5. 6. 7. 1. Breast Cancer Awareness Proclamation (5 min) 2. Mayor's Finance Update (10 min) APPROVAL OF THE AGENDA AUDIENCE COMMENTS THIS IS AN OPPORTUNITY TO COMMENT REGARDING ANY MATTER NOT LISTED ON THE AGENDA AS CLOSED RECORD REVIEW OR AS A PUBLIC HEARING. SPEAKERS ARE LIMITED TO THREE MINUTES. PLEASE STATE CLEARLY YOUR NAME AND CITY OF RESIDENCE. IF USING A COMPUTER OR SMART PHONE, RAISE A VIRTUAL HAND TO BE RECOGNIZED. IF USING A DIAL - UP PHONE, PRESS *9 TO RAISE A HAND. WHEN PROMPTED, PRESS *6 TO UNMUTE. RECEIVED FOR FILING 1. Claim for Damages for filing (0 min) 2. Written Public Comments (0 min) Edmonds City Council Agenda October 8, 2024 Page 1 8. APPROVAL OF THE CONSENT AGENDA 1. Approval of Council Meeting Minutes September 24, 2024 2. Approval of Council Special Meeting Minutes September 24, 2024 3. Approval of claim checks and wire payments. 9. PUBLIC HEARING 1. Green Building Incentives Code Amendments Public Hearing (30 min) 10. COUNCIL BUSINESS 1. 2025-2026 Budget Presentations: Administrative Services and Parks, Rec & Human Svcs (45 min) 2. Public Hearing on Council Consideration to Collectively Support or Oppose Initiative Measure No. 2117 concerns carbon tax credit trading. This measure would prohibit state agencies from imposing any type of carbon tax credit rating, and repeal legislation establishing a cap and invest program to reduce greenhouse gas emissions. This measure would decrease funding for investments in transportation, clean air, renewable energy, conservation, and emissions -reduction. Should this measure be enacted into law? [ ]Yes [ ] No. (30 min) 11. COUNCIL COMMENTS 12. MAYOR'S COMMENTS ADJOURNMENT Edmonds City Council Agenda October 8, 2024 Page 2 4.1 City Council Agenda Item Meeting Date: 10/8/2024 Breast Cancer Awareness Proclamation Staff Lead: Carolyn LaFave Department: Mayor's Office Preparer: Carolyn LaFave Background/History Breast Cancer Awareness Month as we know it began to take shape in the mid-1980s as a campaign to encourage mammography. In 1993, the late Evelyn H. Lauder founded BCRF with her friend and pioneering breast cancer oncologist and researcher Dr. Larry Norton. At the time, breast cancer awareness, screening, treatment, and research was nascent. Mrs. Lauder recognized that real progress against breast cancer would only happen through research, which needed robust support. Staff Recommendation n/a Narrative Recognizing that Breast Cancer Awareness Month means different things to different people -and that, especially for the metastatic breast cancer community and people who are in treatment, it can be a difficult time. Breast Cancer Awareness Month is a reminder that we lose more than 40,000 people to the disease each year, and many are waiting on research to deliver advancements in detection and care. Attachments: Breast Cancer Awareness Month Packet Pg. 3 4.1.a PrIorriamatTIL11" City of Edmonds •Office of the Mayor BREAST CANCER AWARENESS MONTH 2O24 WHEREAS, in 2024, an estimated 313,510 people will be diagnosed with breast cancer in the United States and 42,780 will die from the disease; approximately 7,450 Washington residents will be diagnosed with breast cancer in 2024 and approximately 960 deaths will occur in Washington from breast cancer; and WHEREAS, breast cancer is one of the deadliest cancers and in 2021, female breast cancer became the most diagnosed cancer worldwide; and WHEREAS, in 2024, 2,790 men will be diagnosed with invasive breast cancer, and 530 men will die from it; and WHEREAS, the American Cancer Society and its affiliates support those patients currently battling breast cancer, as well as those who have lost their lives to the disease and are committed to nothing less than a cure; and WHEREAS, the good health and well-being of the residents of Edmonds are enhanced as a direct result of increased awareness about breast cancer and research into early detection, causes, and effective treatments; and WHEREAS, there are ways to lower your risk for breast cancer, which include staying at a healthy weight, engaging in physical activity several times per week, and limiting or avoiding alcohol; and WHEREAS, every year too many people are touched by pain and hardship caused by breast cancer, and the City of Edmonds supports these individuals and their families and commits to continue working toward a future free from cancer in all its forms. NOW, THEREFORE, BE IT RESOLVED, I, Mike Rosen, Mayor of the City of Edmonds, hereby proclaim October as Breast Cancer Awareness Month to honor those who have lost their lives to breast cancer, recognize the courageous women and men who are living with this disease, and celebrate breast cancer survivors. Mike Rosen, Mayor —October 8, 2024 Packet Pg. 4 4.2 City Council Agenda Item Meeting Date: 10/8/2024 Mayor's Finance Update Staff Lead: Carolyn LaFave Department: Mayor's Office Preparer: Carolyn LaFave Background/History On July 2, 2024 the council voted to have a Mayor Update as an ongoing item all regular meeting agendas. This was in response to a recommendation from the Mayor's Blue Ribbon Panel. Staff Recommendation No action, informational Narrative The Mayor, or another member of the administration, will answer questions about City finances that have been requested by council in advance and will also share actions related to the fiscal emergency that have transpired since the last update. When there is nothing new to report, this agenda item will be the opportunity to share that there is nothing new to report. Packet Pg. 5 7.1 City Council Agenda Item Meeting Date: 10/8/2024 Claim for Damages for filing Staff Lead: NA Department: Administrative Services Preparer: Marissa Cain Background/History N/A Staff Recommendation Acknowledge receipt of Claims for Damages for filing. Narrative Scott Campbell Walnut St., Edmonds WA (TBD) Attachments: Claim for Damages - Campbell - for council Packet Pg. 6 7.1.a CITY OF EDMONDS CLAIM FOR DAMAGES FORM Date Claim Form Received by City Please take note that �/T�/' I ��J �C , who currently resides at mailing address I lJpm phone # ' , work phone # and who resided at r at the time of the occurrence and whose date of birth is , is claiming damages against �i1 �TMoNaf��n the sum of $ arising out of the following circumstances listed below. DATE OF OCCURRENCE: LOCATION OF OCCURRENCE: DESCRIPTION: 1. Describe the conduct and circumstance that brought about the injury or damage. Also describe the injury or damage. (attach an extra sheet for additional information, if needed) 2. Provide a list of witnesses, if applicable, to the occurrence including names, addresses, and phone numbers. 3. Attach copies of all documentation relating to expenses, injuries, losses, and/or estimates for repair. t--x 3 / (-?q -- ` q, 4. Have you submitted a claim for damages to your insurance company? If so, please provide the name of the insurance company: and the policy #: License Plate # Type Auto: (year) (make) (model) OWNER: Address: Phone#: Name: Address: DRIVER: Address: Phone#: Passengers: Name: Address: Yes No * * ADDITIONAL INFORMATION REQUIRED FOR AUTOMOBILE CLAIMS ONLY * * Driver License # Form Revised 04/09/2021 Page I of 2 Packet Pg. 7 7.1.a This Claim form must be signed by the Claimant, a person holding a written power of attorney from the Claimant, by the attorney in fact for the Claimant, by an attorney admitted to practice in Washington State on the Claimant's behalf, or by a court -approved guardian or guardian ad litem on behalf of the Claimant. I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Signature o Claimant Date and place (residential address, city and county) Or Signature of Representative Date and place (residential address, city and county) Print Name of Representative Bar Number (if applicable) Please present the completed claim form to: City Clerk's Office City of Edmonds 121 511 Avenue North Edmonds, WA, 98020 8:00 a.m. to 4:30 p.m. Form Revised 04/09/2021 Page 2 of 2 E U Packet Pg. 8 7.1.a September 25, 2024 Our claim for damages is a result of the water main replacement on Walnut Street beginning in July 2024. As construction began on Walnut Street, we experienced brown water in our home. We advised the workers of what was happening, and they advised it was harmless and just residue in the existing pipes that had broken loose. They advised just to run your tap water, and it will disappear shortly. We did that for more than an hour out of all of our faucets, tubs and toilets. It did not disappear. The following day we called again, and Chris and Christian came to our door to check out our situation. We showed them the video I had taken and asked if they would like a glass of water from our sink. They politely declined. Chris came back and advised that they would continue to run the water at our house main and the neighbor across the street that was also experiencing similar problems. This helped but we continued to experience intermittent brown water. I advised the city I was concerned about possible damage to our recently installed hot water tank at that time. We left town on the morning of September 2°d for our planned vacation. The connections to our new meter and house service occurred when we were away. We returned on September 20th and found that again we had discolored water. After running our tap water for a 15-minute period, our cold water appeared clear. Unfortunately, our hot water continues to show brown water. We have run the hot water in all of ourfaucets, and it appears to clear but the next use it again shows brown water for a prolonged time. This has been going on since we returned home on September 20th (6 Days and counting) I am submitting this claim, but I need to leave open the claim as we may have additional damages from possible damage to the hot water tank. We also don't know the actual cost of water from running our faucets to clear the brown water in the last billing cycle. I am attaching the last bill I received showing 29 units of water usage which is significantly higher than the prior August billing cycle. In addition, we purchased drinking waterfor our use while we dealt with our brown water problem There were five 2.5-gallon containers. Invoices attached. I believe we are currently looking at our extra costs as follows. Extra water/ sewer charges compared to prior year: $96.00 Estimated charges for next billing cycle: $50.00 Purchased drinking water (5 X 3.99): $19.95 Unknown damage to Hot Water heater TBD Once we are sure there is no more brown water and no damage to our Hot water tank, we will be happy to finalize this claim. E CU U l , Z 7, `— Packet Pg. 9 7.2 City Council Agenda Item Meeting Date: 10/8/2024 Written Public Comments Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History N/A Staff Recommendation Acknowledge receipt of written public comments. Narrative Public comments submitted to the web form for public comments <https://www.edmondswa.gov/publiccomment> between September 25, 2024 and October 2, 2024. Attachments: Public Comment October 8, 2024 Packet Pg. 10 7.2.a Edmonds City Council Public Comments — October 8, 2024 Online Form 2024-09-25 02:40 PM(MST) was submitted by Guest on 9/25/2024 5:40:48 PM (GMT- 07:00) US/Arizona FirstName Gary LastName Holton Email CityOfResidence Edmonds AgendaTopic Regional Fire Authority and property tax impact Comments As a resident of Edmonds, it is mystifying to me why the city is considering abrogating its responsibility in providing fire and EMS services. In every town or city I've lived in for the last 70+ years these services and police were part of the local government services as a normal responsibility. The service might be contracted out but the overall cost was part of the city budget and included in the local taxes. It would seem more logical that the city would have better leverage to manage the cost of these and all the other city services rather than off load the responsibility to each individual property owner to negotiate with a service provider. Does this mean that my neighbors and businesses could decide to go with a hodgepodge of providers or not have the services at all. Somehow it seems we have lost the concept of what being in a community means. Are we no longer committed to having common interests and responsibilities when we are part of the city. What city service responsibility will the city try to divest itself of next, police, schools, trash collection, water, sewer, and in the end does the city of Edmonds mean it's a community at all. It seems to me the concept of being in a community means more than just the issue of what happens to property taxes if the city walks away from one or more of normal city services. If by no longer providing the service m E E 0 U a a� Packet Pg. 11 8.1 City Council Agenda Item Meeting Date: 10/8/2024 Approval of Council Meeting Minutes September 24, 2024 Staff Lead: Council Department: City Clerk's Office Preparer: Nicholas Falk Background/History N/A Recommendation Approval of Council Meeting minutes as part of the Consent Agenda. Narrative Council meeting minutes are attached. Attachments: 2024-09-24 Council Minutes Packet Pg. 12 8.1.a EDMONDS CITY COUNCIL MEETING DRAFT MINUTES September 24, 2024 ELECTED OFFICIALS PRESENT Mike Rosen, Mayor Vivian Olson, Council President Chris Eck, Councilmember Will Chen, Councilmember Neil Tibbott, Councilmember Michelle Dotsch, Councilmember Susan Paine, Councilmember Jenna Nand, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Shane Hope, Acting Planning & Dev. Dir. Mike Clugston, Sr. Planner/Acting Planning Mgr Leif Bjorback, Building Official Navyusha Pentakota, Urban Design Planner Tristan Sewell, Planner Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator The Edmonds City Council meeting was called to order at 6:59 pm by Mayor Rosen in the Council Chambers, 250 5' Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Nand read the City Council Land Acknowledge Statement: "We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water." 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 4. PRESENTATIONS 1. NHHM PROCLAMATION Mayor Rosen read a proclamation proclaiming September 15 — October 15 as National Hispanic Heritage Month and calling its observance to all residents. Dr. Ileana Ponce Gonzalez, founder and executive director of Community Health Workers Coalition for Migrants and Refugees, accepted the proclamation on behalf of the Hispanic community and Community Health Workers Coalition and said she was honored to receive the proclamation that recognizes their important contribution to Edmonds and the State. She thanked Mayor Rosen and the city council for promoting the diversity and culture of the Hispanic population. Edmonds City Council Draft Minutes September 24, 2024 Page 1 Packet Pg. 13 8.1.a 2. MAYOR'S FINANCE UPDATE Mayor Rosen announced he will present the budget to the council and the community on October I at the Edmonds Waterfront Center. The public is welcome and encouraged to attend. There will be several opportunities following the presentation of the budget for the public to become more engaged, starting with October 3' where the city council will partner with the Edmonds Civic Roundtable at the Edmonds Waterfront Center. 5. APPROVAL OF AGENDA COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER DOTSCH, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS There were no audience comments. 7. RECEIVED FOR FILING 1. CLAIM FOR DAMAGES FOR FILING 2. AUGUST 2024 MONTHLY FINANCIAL REPORT 3. WRITTEN PUBLIC COMMENTS 4. OUTSIDE BOARDS AND COMMITTEE REPORTS 8. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL SPECIAL RETREAT MINUTES AUGUST 16, 2024 2. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES SEPTEMBER 10, 2024 3. APPROVAL OF COUNCIL MEETING MINUTES SEPTEMBER 10, 2024 4. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS 5. RESOLUTION TO APPROVE PLACEMENT OF LIEN ON CIVIC PARK PROPERTY 6. COUNCIL RULES OF PROCEDURE SECTIONS 10, 11, 12 AND 14 7. ARTS COMMISSION CONFIRMATION OF APPOINTMENT — LONDON 8. ARTS COMMISSION CONFIRMATION OF APPOINTMENT — LEGGETT 9. UPDATE TO PROMOTION POLICY - COMPENSATION 10. UPDATE TO ECC 2.10.010 - ACTING APPOINTMENTS 11. SOCIAL WORKER SUPERVISION CONTRACT 12. ILA WITH EDMONDS SCHOOL DISTRICT 13. CORRECTION TO ORDINANCE 4362 ATTACHMENT A 14. RESOLUTION EXPRESSING CITY COUNCIL'S INTENTION FOR 2026 PROPERTY TAX LEVY 15. AN ORDINANCE OF THE CITY OF EDMONDS GRANTING TO NEW CINGULAR WIRELESS PCS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, SUCCESSOR IN INTEREST TO AT&T WIRELESS SERVICES OF WASHINGTON, LLC, AN OREGON LIMITED LIABILITY COMPANY, D/B/A AT&T WIRELESS, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE MASTER PERMIT AGREEMENT TO INSTALL, OPERATE, AND MAINTAIN MACRO WIRELESS TELECOMMUNICATIONS FACILITIES WITHIN A CERTAIN DESIGNATED AREA OF RIGHT-OF-WAY, ESTABLISHING AN EFFECTIVE DATE Edmonds City Council Draft Minutes September 24, 2024 Page 2 Packet Pg. 14 8.1.a 9. PUBLIC HEARING PUBLIC HEARING ON PERMIT PROCESSING TIMELINE AND PUBLIC NOTICE CODE AMENDMENTS TO ACHIEVE COMPLIANCE WITH MANDATES IN SB 5290 AND HB 1105 (FILE AMD2024-0002) Acting Planning Manager Mike Clugston explained during the past two sessions, the legislature passed a number of bills related to middle housing and other items. One of the lesser known bills was an update to permit timelines for land use permits. Since GMA was adopted about 30 years ago, the City had 120 days to review land use permits. Commerce has tracked that more or less, but there are no penalties if the 120 days was not met. SB 5290 required several small changes to the code; the main change was the requirement for new permit shot clocks. Land use permits have historically had a 120 day review period. With SB 5290, land use permit will have 3 different shot clocks. Mr. Clugston reviewed SB 529 Implementation Requirements for Jurisdictions • New Final Decision Timelines o Takes effect January 1, 2025: ■ For Type I project permits, staff decision with no public notice, the City must issue a final decision within 65 days of the determination of completeness. ■ For Type II project permits, staff decision with public notice, the City must issue a final decision within 100 days of determination of completeness ■ For Type III and IV project permits, which require public notice and a public hearing, the City must issue a final decision within 170 days of the determination of completeness ■ Timelines can be amended ■ Temporary suspension of more than 60 consecutive days may add an additional 30 days to time period until a final decision is required to be issued. Refunding Fees o When permit time periods are not met, a portion of the permit fee must be refunded to the applicant. A local government may provide for the collection of only 80 percent of a permit fee initially, and for the collection of the remaining balance if the permitting time period are met o The portion of the fee refunded for missing time periods shall be: ■ 10% if the final decision was made after the applicable deadline but the period did not exceed 20% of the original time period; or ■ 20% if the period from the deadline to the time of the issuance exceeded 20% of the original time period. UNLESS... Measures to Avoid Refunding of Fees o Refunding fee provisions are not applicable to cities and counties which have implemented at least three of these options at the time an application is deemed procedurally complete: a) Expedited review for project permit applications; b) Impose reasonable fees on applicants to cover the cost of processing permits; c) Enter into an interlocal agreement with another jurisdiction to share staff and resources; d) Maintain and budget for on -call permitting assistance e) Budget new positions that are contingent on increased permit revenue; f) Only require public hearings for permit applications that are required to have a public hearing by statute; g) Make pre -applications meetings optional h) Make housing types an outright permitted use in all zones where the housing type is permitted; Mr. Clugston anticipated the new timelines were achievable and the City already does some of the measures to avoid refunding of fees. HB 1105 requires a change to how the City provides public notice to include Edmonds City Council Draft Minutes September 24, 2024 Page 3 Packet Pg. 15 8.1.a specific dates and times when public notice is required. The planning board public held a hearing in August and recommended approval. This procedural change does not require SEPA. Mayor Rosen opened the public hearing. There was no public comments. Mayor Rosen closed the public hearing. Councilmember Tibbott commented he met with a neighbor this morning who said it was taking forever to get his permit approved; the engineering drawings had been returned and resubmitted and he was waiting for approval. Councilmember Tibbott asked how often people need to resubmit and stay within the 65 or 100 days. Mr. Clugston answered these changes apply only to land use permits; he was unsure if the permit Councilmember Tibbott referred to was a building permit or an engineering permit. Councilmember Tibbott assumed they were likely building permits. Mr. Clugston said those permits are not held to these timelines as it is a separate process. The goal in processing permits is that the information provided up front is as complete as possible, whether there is a preapplication meeting or development review committee meeting or handouts are easy enough to follow and understand so that people can submit information and it is correct the first time and there aren't multiple rounds of corrections. Councilmember Tibbott asked if the preapplication meetings are helpful. Mr. Clugston answered absolutely. Councilmember Tibbott asked if the preapplication meeting was at the applicant's discretion. Mr. Clugston said staff recommends both development review meetings and preapplication meetings. The issue is requiring them for permits; if they are not required, staff still recommends them as they are helpful and streamline the process. Eliminating the requirement for preapplication meetings is a way to avoid refunds. Councilmember Paine asked how the City's current review compared to the shot clock requirements. Mr. Clugston answered it will start with 2024 data; the City will have a better idea by the end of the year and Commerce will have a better idea for jurisdictions that are required to comply. Councilmember Paine asked for a rough estimate of the City's current compliance with the new requirements. Mr. Clugston answered based on the new guidance, he believed those would be met nearly all the time. The shorter time shot clocks are for easier permits so staff should be able to meet the 65 day requirement. SB 5290 will provide more time for the more difficult permits and he anticipated staff would be able to meet it in every case. Councilmember Paine said she opened some of the links in the PowerPoint and it looks like the City is able to ensure it has adequate staffing by collecting all the fees the department is entitled to. She asked whether a permit fee analysis had been done lately. Mr. Clugston answered it was last done in 2022 and the City typically does it every 3 years so it is due this winter. Councilmember Paine asked if the current permit fees were covering overhead, review time, etc. Mr. Clugston answered definitely, it also covered any passthroughs if an expert or consultant was needed. Councilmember Paine suggested when staff was ready to submit the report to Commerce to also provide it to council as it is a good feedback loop for the council to know staff is meeting the needs of community related to land use permits. Councilmember Chen commented he, like Councilmember Tibbott, has heard that some applications take a long time, but they maybe not be in this category. If someone submits an application and information is missing and they resubmit, he asked whether the shot clock starts over or does it continue with the original timeframe. Mr. Clugston answered the first step is to determine whether the application is complete or incomplete; staff has 28 days to make that determination. After it is determined to be complete, the 65, 100 or 170 day clock starts. From there, each time staff has additional corrections, the clock pauses, and once the applicant resubmits material based on that information request, the clock restarts. Council President Olson referred to the planning board minutes which reflect their desire to remove language regarding refunds if it could be removed. She asked if the fact that the language was still in the Edmonds City Council Draft Minutes September 24, 2024 Page 4 Packet Pg. 16 proposed code amendment meant it could not be removed. Mr. Clugston answered it could be removed because the threshold are already being met, but he wanted to leave it in as placeholder to remind staff as they are processing permits that they have to meet these requirements and that language points to the RCW where the additional tools are listed. It is more of a placeholder or reminder to keep the shot clocks in mind and that if the timeframes are not met, it could lead to refunds. Council President Olson relayed her understanding that the planning board suggested taking out the language about refunds so the City would not be liable and need to refund permit fees. She did not see anything in the narrative that addressed whether that was optional. Mr. Clugston answered the language could be removed; he recommended retaining it as a placeholder for staff and the public to remind them the refund option exists if the shot clocks are not met. Council President Olson asked if the narrative explained that staff recommended something different than what the planning board's recommendation. Mr. Clugston referred to the 5t1i bullet on packet page 377 regarding permit review timelines, "While the refund language could be removed from the draft code because it is not currently applicable to Edmonds, the language is proposed to be retained as a placeholder and reminder should the City fail to meet the review shot clocks in the future." Council President Olson commented it has been a long time since council has spoken about this, but when there is a planning board recommendation and staff does not follow it, staff s recommendation should explicitly address the fact that their recommendation differed from the planning board's recommendation and why. She could have easily missed that if she had not carefully read the planning board minutes. It is important to honor the planning board's time and effort and not necessarily do what they say every time, but to give true transparency and expression to their recommendations. She recalled this came up once before since she has been on council and there was a very long conversation about it. Councilmember Nand relayed her disappointment that the State legislature decided to pass yet another unfunded State mandate, potentially cutting City revenue and requiring the addition of FTEs at a time the City is desperately trying to retain FTEs and the level of service to the community. She did not anticipate any issues with the planning department being able to meet these permitting timelines as the City has a very good reputation for turning permits around quickly. There are so many avenues of service from department of licensing to human services where the State government has waitlists that are years long. She found it very disappointing, especially in a challenging budget year for cities across the state, for the State to say cities need to cut timelines and make it easier for developers to get a quick turnaround and that they are somehow being injured by longer timelines and more touches and that cities will potentially need to decrease the process for permit applications. Councilmember Dotsch agreed the unfunded State mandates put a lot of pressure on smaller cities and are difficult to adapt to. If the planning board recommends removing the refund language and an annual review is required, she suggested using the annual review to analyze how the City is meeting its goals. Mr. Clugston answered that language can be removed; the City will be required to submit its permit shot clock information to Commerce annually. Councilmember Paine referred to the language that the planning board recommended be removed, asking if there is a huge delay or problematic codes such as the tree code not being the simplest for permit review, were there ways around providing a refund if the shot clock was not met by using three of the methods. Mr. Clugston answered the City already has at least three and could have several more. He did not think the City would need to issue refunds for permit application fees any time soon. Councilmember Paine asked what would happen if something went entirely sideways. Mr. Clugston answered if there was something really off center, there would be communication between the applicant and the City to resolve it. Some permits take more time; legislative permits are not included such as comprehensive plan and code Edmonds City Council Draft Minutes September 24, 2024 Page 5 Packet Pg. 17 8.1.a amendments, etc. because they take more time. Even at the City's current staffing level, which he acknowledged is a little low, he anticipated the new requirements could still be met. Councilmember Dotsch recalled at the beginning of the presentation, Mr. Clugston mentioned streamlining the paperwork and asked if that was something that was anticipated. Mr. Clugston answered this mandate applies to all cities in the State. Some cities are much further behind; a lot of cities still do not have electronic permitting which Edmonds has had since Covid. Staff is always looking for ways to streamline, but already have a number of processes in place that have streamline things fairly well. Councilmember Dotsch asked if there were things on staff s wish list. Mr. Clugston answered within the next month, the City will be implementing new permitting software that will be more responsive to needs and less expensive than the current permitting system. 10. COUNCIL BUSINESS 1. GREEN BUILDING INCENTIVES DRAFT CODE AMENDMENTS (AMD2023-0010) Building Official Leif Bjorback introduced Planner Tristan Sewell and Acting Planning & Development Director Shane Hope. He explained staff is bringing this back to continue the discussion from last month and to discuss aspects that were not part of that presentation. The presentation includes slides from the previous presentation, but will focus primarily on the new portions of the presentation including enhanced graphics that will hopefully provide a better understanding of the zoning incentives for height and setbacks. The goal is to get direction from the council tonight regarding how best to move forward with this program. He reviewed: • Staff Recommendation o Incentivize green building in pursuit of climate neutrality by 2050 by: ■ Leveraging well -established certification programs ■ Reducing permit review timeline 50% for certified projects ■ Granting height bonuses, reduced setbacks, reduced off-street parking, and increased dwelling unit density to certified projects ■ Providing deeper incentives for higher levels of certification ■ Limiting scope of eligible projects to certain zones and land uses, prioritizing each zone's primary intent ■ Enforcing follow-through via performance bonds, if needed o Supported by Planning Board as of July 24, 2024 • Construction Standards (Established Certifications) o Single -Family Residential: Built Green o Flexible, point -based, not prescriptive 4-Star o Commercial, Multifamily, and Mixed Use: LEED Gold or Built Green 4-Star Multifamily • Points Categories o Built Green o Updated in response to market and regulation o Widely used and recognized o Third -party verified o Built Green benchmarked on 20% improvement over State energy code Edmonds City Council Draft Minutes September 24, 2024 Page 6 Packet Pg. 18 8.1.a ■ Site and Water ■ Energy Efficiency ■ Health and Indoor Air Quality ■ Materials Efficiency ■ Equity and Social Justice ■ Operation, Maintenance, and Homeowner Education ■ Built Green Brand Promotion o LEED ■ Integrative Process ■ Location and Transportation ■ Sustainable Sites ■ Water Efficiency ■ Energy and Atmosphere ■ Materials and Resources ■ Indoor Environmental Quality ■ Innovation ■ Regional Priority What Green Building Can Look Like o Encouraging active transportation o Responsible materials sourcing o Functional landscaping o Efficient fixtures and appliances o Efficient building envelopes ■ Energy code requires additional insulation which requires additional height o Interstitial space ■ Energy code encourages ductwork within the thermal envelope, often located in floor framing (interstitial space) ■ Interstitial space is intermediate mechanical systems �i space between floor levels usually to accommodate Edmonds City Council Draft Minutes September 24, 2024 Page 7 Packet Pg. 19 8.1.a o 5' foot additional building height incentive is not only to accommodate energy code but also can be the difference between designing an additional story for a project • Draft Permit Review Incentives DRAFT - EDMONDS TARGET TIMES FOR PERMIT PROCESSING (WEEKS) Actual Review times may vary Total Target Review Time Permit Type Review Type 1 st Review 2nd Review 3rd Review Review Time Savings New Single Regular 6 3 2 11 Family Expedited 3 2 1 6 5weeks Single Family Regular 3 to 5 2 to 3 1 to 2 6 to 10 Addition or Remodel Expedited 2 to 3 1 to 2 1 4 to 6 2-4 weeks CommerciaU MF Regular 8 5 3 16 New Expedited 4 3 2 9 7weeks Commercial/MF Regular 4 3 2 9 Additions Expedited 2 2 1 5 4weeks Commercial Regular 4 2 1 7 Remodel (Tenant Improvement) Expedited 2 1 1 4 3weeks Expedited review for single family not available in RM or B zones Review times may vary depending on staff work volumes and complexity of project Mr. Sewell reviewed: • Important Notes on Land Use Incentives o Incentives never supersede environmental regulations. o Onsite or financial realities may limit utilization of incentives. o Not every project may pursue every option. o Possible limiting regulatory factors: ■ Critical areas ■ Building and Fire codes ■ Stormwater ■ Design review, including landscaping ■ Street frontage improvements and right-of-way access ■ Shoreline Master Program • Draft Land Use Incentives Sint - -le-FamiLy Residential Multifamily Resideri commercial. and Mixed Use Multifamily Residential Commercial - Business (B)Zones (RM)Zones (C)Zones Minimum Cenification Built Green 4-Star LEED Gold or Built Green 4-Star Multifamily Built Green 5-Star or better get setbacks one zone smaller N/A (i.e., RS-10 to RS-8) all portions above d height limit are at least 4-in-12 Choose one: • +5'in addition to the existing pitched roof bonus of Ch. 16.30 • Maximum unit density increased one tier (i.e., RM-3 to RM-2.4) +5' plus the 5' pitched roof bonus for all portions sloped at least: 3-in-12 Be 4-in-12 BN. BP 6-in-12 BD5 +_' (Cwonly) N/A BD1-4 1 per dwelling unit 1 perdwellingunit -0 1per500sq.ft. leasable commercial floor area Business Zones — LEED Gold o Parking: One per 500 sq. ft. leasable floor area or 1 per dwelling unit, except in BD — no requirement for commercial. Edmonds City Council Draft Minutes September 24, 2024 Page 8 Packet Pg. 20 8.1.a BN/BP Pitched Roof Bonus Incentivize Max. Std. Height Max. Images to scale Height BC BD5 3-1n-12 6in-12 BD1-4 5' 30' 3D Illustrations o Some choices were necessary developing these examples. ■ Establish baselines — minimum lot dimensions, zoning, etc. ■ Show maximum development potential — unit count, lot coverage, size, etc. ■ Flat, rectangular lots ■ Simply masses in which a building must fit, not indicative of architecture o Incentives illustrated in green Minimum RS-8 lot o Standard lot - 70' wide, 8,000 sq. ft. o Most common zone o Built Green 5-Star RS-6 setbacks in green Highly idealized scenario, not reality «.e.., Illustrating max. use of regulation o Max. 35% coverage 0 1,300 sf primary dwelling footprint o Two 1,000 sf DADUs ■ 500 sf footprint for 2-story ■ 1,000 sf footprint for 1-story o No other buildings (shed, garage, etc.) o Orientations are somewhat arbitrary o Built Green 5-Star RS-6 setbacks in green o Footprints 30' wide (needed later) 0 3 parking spaces required for 2 ADUs. Illustrated as outdoors m RS-8 Setback Incentives Existing Code/Built Green 4-Star I 1 111 _0_ Built Green 5-Star or Better Edmonds City Council Draft Minutes September 24, 2024 Page 9 Packet Pg. 21 8.1.a • Existing Regulation o Orientations - could rotate 90' o Maximum distance between units pinned to setback corners o Built Green 5-Star or better setback incentives illustrated in green 0 • Built Green 4-Star o Adds 5' pitched rooves o Orientations - could rotate 90' o Maximum distance between units --+ pinned to setback corners o Built Green 5-Star or better setback incentives illustrated in green 0 Built Green 5-Star o Uses RS-6 setbacks o Orientations - could rotate 90' o Maximum distance between units --+ pinned to setback corners o Built Green 5-Star or better setback incentives illustrated in green RM Existing Zoning and Density Incentive Massing Example Edmonds City Council Draft Minutes September 24, 2024 Page 10 Packet Pg. 22 8.1.a o Minimum RM-2.4 lot for 5 units (square) o Maximum lot coverage 0 5' pitched rooves — 4-in-12 o Setback landscaping, driveway not shown o Two stories most likely o These examples may look the same, except parking o Existing Zoning ■ 5 dwelling units (ag <2,200 sf) ■ Parking depends on unit bedroom count (6-10 spaces) 0 4-Star/LEED Gold — only density ■ 8 dwelling units (avg <1,360 sf) • RM Height Incentive Massing Example o Minimum RM-2.4 lot for 5 units o Maximum lot coverage • 5' pitched rooves — 4-in-12 o Landscaping, driveway not shown 0 3 stories more likely, increasing potential unit size Again, these examples look the same, except parking 0 4-Star/LEED Gold — Only Height ■ 5 dwellings, 5 parking spaces 0 5-Star/LEED Platinum — Height & Density Mr. Bjorback reviewed: • Proposed Enforcement Measures Edmonds City Council Draft Minutes September 24, 2024 Page 11 Packet Pg. 23 8.1.a o Certification required prior to issuance of Certificate of Occupancy o Failure to achieve certification will require posting a 2-year performance bond. Bond amount is based on: ■ Expedited permit review bond valued at 50% of building permit fee ■ Land use incentive bond valued at 5% of the project valuation ■ Bonds released upon approval of certification o Failure to certify within 2 years surrenders the bonds as a penalty. ■ Expedited permit review bond processed as permit fee revenue ■ Land use incentive bond goes to the City's general fund Enforcement Examples (Monetary penalties for failure to achieve certification) o Bond amounts based on scale of project ■ 3,000 sf new house $27,908 ■ 10,000 sf commercial mixed use $79,750 ■ 100,000 sf commercial mixed use $777,225 Next Steps o Staff to draft enforcement code - Chapter 17.XX ECDC o Public Hearing: October 8, 2024 o Council Action: Late October 2024 ■ Potential Options - Approve as presented - Approve with modified incentives - Approve with expedited plan review only - Delay approval of the program to a later date Councilmember Paine expressed her appreciation for the depth of the presentation and the description of why additional height may be needed due to necessary equipment to help make a building green, something that is important for people to recognize. She asked whether performance bonds were common for green buildings. Mr. Bjorback answered he would not say they were common in the region; it was proposed because it is already a tool the City has related to building permits. Performance bonds are currently issued for items in a construction project that are not complete at the time the building needs occupancy and defers the completion of some portions of the project while allowing the building to be occupied; it is an alternative way to achieve occupancy. Councilmember Paine asked for examples of other performance bonds other than green buildings. Mr. Bjorback answered those are most often generated or imposed by the engineering or planning divisions. Mr. Sewell said the planning division uses them for a handful of things, primarily landscaping performance bonds; for example, if a commercial or multifamily development submits a proposed landscaping plan to ensure the landscaping is planted, a performance bond is issued. A maintenance bond can also be issued to ensure the landscaping survives for at least two years and if not, the plants have to be replaced before the bond can be released. The critical area code can implement performance and maintenance bonds, primarily in the context of code enforcement. He believed the tree code also allows issuance of performance bonds. City Attorney Jeff Taraday commented with subdivision improvements there is often a need to finalize work after the subdivision has been recorded so a bond is taken for that purpose. The City has had situations over the years, due to various circumstances, where the bond is not adequate to correct the problem. Bonds in theory are a great tool to enforce the City's code, but careful thought should be given to the effects of inflation and other things that can make a bond not the perfect tool. He summarized bonds are a good tool, but the City should assess things that can go wrong. Councilmember Tibbott observed there is a lot of information in the presentation to digest, pointing out the numbers were very difficult to read and suggested he get together with staff to get a better understanding Edmonds City Council Draft Minutes September 24, 2024 Page 12 Packet Pg. 24 8.1.a of the measurements. With regard to the space between floors needing to be greater, a lot of houses use 2x10s between floors, the presentation indicated there need to be more space. He asked why so much space was needed between floors for duct work, etc. Mr. Bjorback referred to the photograph of interstitial space that illustrates typical duct work that may happen in an attic or the crawl space. Councilmember Tibbott asked if the illustration was in the attic or between floors. Mr. Bjorback answered between floors; the photograph was an example of interstitial space between floors. Councilmember Tibbott observed the photograph showed about 3 feet. Mr. Bjorback answered it was likely about 2 feet. The average floor system may be about 1 foot; this would be an additional 1 foot of height required to put that equipment in place. Councilmember Tibbott asked what equipment needed to be put in place. Mr. Bjorback answered the heating system. Councilmember Tibbott asked if the space needed to be bigger to accommodate insulation. Mr. Bjorback answered if it is within the thermal envelope of the house, it did not need to be insulated in quite this manner. Councilmember Tibbott commented it seemed a very expensive endeavor to put that much duct work between floors. Mr. Bjorback answered it is common in commercial construction for many years and is becoming more common in residential homes; he could think of several houses currently under construction that look just like the illustration. Councilmember Tibbott commented he was very surprised. Councilmember Tibbott asked about credits for a pitched roof. He referred to the illustration of a pitched roof which are proposed to be up to 35 feet. Mr. Bjorback asked if his questions were based on energy code impacts or the zoning height increase. Councilmember Tibbott asked if there was a benefit to a pitched roof compared to flat for achieving green objectives. Mr. Sewell answered most of the pitched roof bonuses with the exception of BN and single family residential already exist in the code and are not the result of this program. Instances where they are offered by amendment in this program are out of a compromise for height versus obstruction of views and other concerns that staff has heard and wanted to acknowledge. It reduces the area above the 25-30 foot height, depending on the zone. Councilmember Tibbott said according to the illustration, it would be above 30 feet. Mr. Sewell agreed, explaining the incentive is 5 additional feet wedged between the existing height limit and the pitched roof bonus. Councilmember Tibbott relayed his understanding that there is currently a pitched roof bonus. Mr. Sewell agreed that already exists in all the zones illustrated on the Business Zones — LEED Gold slide except for BN and RM zone. Councilmember Tibbott observed it is not a green benefit. Mr. Sewell commented it was a design choice and had been on the books in Edmonds for about 60 years. It was not new and not part of this program; the height benefit was just inserted below it. Council President Olson referred to the height bonuses, commenting it would be helpful to know what it was going on top of. She expressed concern with having this in isolation from the comprehensive plan, the zoning, the DEIS and where density will be located, and preferred to wait on that part of the green incentives until the land use plan is completed. She agreed the expedited permit process was a great incentive and something that should be implemented as early as possible to the extent the department can handle the faster processing. Council President Olson referred to the RS-8 Setback Incentives slide, commenting that was a perfect depiction. She has been frustrated by offering reduced setbacks as an incentive for anything due to the need to preserve comfort, space and residential feel, reasons people chose Edmonds in the first place. These illustrations show how buildings get closer to the property line and closer to neighbors' buildings in order to give another parcel more space between the buildings on their property which she felt did not make sense. The intent has been for property owners to stay away from their neighbor's property and preserve open space. Historical the biggest trees have been on the perimeter of properties. People aren't making the connection between losing setbacks and losing the tree canopy, but setbacks are absolutely linked to trees. She did not like offering a setback incentive and hoped the council, by looking at these illustrations, will be able to see what she has been trying to say in previous conversations. Edmonds City Council Draft Minutes September 24, 2024 Page 13 Packet Pg. 25 8.1.a Councilmember Eck thanked staff for the additional information which made the information clearer for the council and the public. She asked how the proposed green incentives compared to what other cities offer. Mr. Sewell answered that was the first step in the process, looking at what other cities are doing and how to copy them. Shoreline's program is the most similar to what staff is proposing in terms of the incentives they offer, meaning tiered along with deeper incentives for greener development. Some cities' programs are a bit more bespoke. The intent of this program is for it to be compatible and easy to implement with the existing code, and not be more ornate or difficult to implement on a day-to-day basis. The intent was to create a package that was easy to understand and implementable for both applicants and City staff. It is not exactly the same as another city's models, but Shoreline's Deep Green Incentive Program is probably the easiest to recognize in this code. Councilmember Dotsch thanked staff for the improved visuals. Her office was in Shoreline and she saw development occurring there and knew Shoreline was backtracking a bit. One of the challenges she saw with a green incentives program is developers with big backing and big money can do it and get their bonuses, but it is more challenging for the traditional single family home builder to have that cash on hand to do this extra work because it costs more. She was also very concerned about with letting developers who can pay more jump to the head of line because it delays others. She relayed a staff member told her the City was already behind due to staffing and bandwidth. When she talked to a developer of a single family home, they said the extra spacing to make it a green building is not required, it is more for commercial and multifamily. She provided an analogy, someone is making a chocolate cake and it turns out as pecan pie because the cook didn't know the ingredients; how does the public know what they are commenting on, a chocolate cake or a pecan pie, when not all the ingredients for this code are known, especially with HB 1110, zero lot lines, 4 units can be 6 if located near a major transit stop, reduced parking, etc. She was concerned these could change and the public doesn't know what they are commenting on. Councilmember Dotsch continued, on Bell Street, two lots from 7', the permitted building is almost 5 stories tall with an addition 5 feet for the pitched roof and all glass. With all the slopes in the City and how slope already gives extra height, she was concerned about neighbors' loss of enjoyment, light, privacy, views, and transferring property values to the new development. It would be beneficial to illustrate at the public hearing how adding this on top of the additional height was allowed due to slopes. For example 3 stories can quickly become 5 stories on a steep slope. Councilmember Nand thanked staff for the 3D renderings, finding them very useful for laypeople when trying to visualize code. She understood the mission of the green incentive program was to reduce greenhouse gas emissions and improve energy efficiency in new buildings which is a huge waste in residential and commercial development. When the planning department brings forward the tree code update, she wondered if there would be any intersection for green building incentives if property owners choose to retain mature trees on properties when doing redevelopment. Ms. Hope answered staff hasn't gotten to that yet; all those things will be looked at when updating the tree code. Councilmember Chen asked for clarification on the 5-foot additional height for an ADU. Currently the City allows ADUs to be 2 stories and 24 feet; a 5 foot addition would be a height of 29 feet. Mr. Sewell referred to the Built Green 4-Star slide and the 2-story ADU in the back with a 5' pitched roof bonus illustrated in green. Councilmember Chen envisioned that could create an issue in some zones with regard to views and blocking the houses behind. He referred to the RS-8 Setback Incentives slide, commenting the building is moved closer to the edge. He asked if the space between was 5 feet. Mr. Sewell offered to provide higher resolution versions of the drawings tomorrow. The setbacks in RS-8 as illustrated on the left will be 7.5 feet on the sides, 5 feet shown in yellow, 2.5 feet shown in green on the left and right sides, thereby a 5- foot side setback. This is copied and pasted from the RS-6 residential zone. Edmonds City Council Draft Minutes September 24, 2024 Page 14 Packet Pg. 26 Councilmember Chen observed it would be 5 feet from one house and 5 feet from the neighbor's house for a total of 10 feet. He asked about overhangs. Mr. Sewell answered eaves can be up to 30 inches before they are considered part of the building footprint. Councilmember Paine asked how the current tree code intersects with single family or multifamily development, recalling there were some protections. Mr. Sewell answered there are retention requirements and the overlap with the critical area ordinance. Councilmember Paine commented trees and preserving the tree canopy needs to be part of the conversation because it all needs to be layered in. Mr. Sewell explained 30% of viable trees have to be retained on a single family development site, and 25% for multifamily. Sites are subject to landscaping requirements that can require planting more trees. Trees can be captured in the points a development can earn. He referred to the points categories, things like site and water, sustainable sites can likely earn points by integrating tree retention or plantings or other tree related topics into their plan. The green building program is not necessarily at the expense of the tree code; there are opportunities to leverage what is required to earn points or go above and beyond the requirements. Councilmember Paine asked if it would be possible to leverage points through the existing tree code, layer it rather than being an extra step especially if there were significant trees. Mr. Sewell answered it could potentially be possible. As he was not a LEED accredited professional, he could not speak to LEED, but all the Built Green materials are publicly available. Councilmember Paine commented it would make some sense to maintain significant stands based on the tree code as well as have it work for the parcel and she would like to have that count in the points category. Mr. Sewell commented the difficulty guaranteeing that is these are non -prescriptive programs, a developer does not need to choose those points and could choose an alternate points category. Councilmember Paine observed a developer has to follow the tree code but the others points categories are flexible. Mr. Sewell agreed, a developer would need to follow the tree code, but they may not choose the point category to earn tree related points. Councilmember Dotsch referred to packet page 449, the planning board's recommendation regarding green building incentives, the proposed incentive for an additional 5% of structural lot coverage for ADUs. In the example of a house with 2 ADUs, each one gets additional coverage. She asked the actual lot coverage in that example. Mr. Sewell answered that is not currently proposed in the draft code. The current lot coverage is 35%, so under that model, the 5% would be cumulative so it would be increased to 40%. Councilmember Dotsch observed that was in the planning board's recommendation. Mr. Sewell agreed it was. Councilmember Dotsch recognized there were still some issues with HB 1110 related to lot coverage. Councilmember Dotsch referred to packet page 455, Section 16.43.050(C) "Height. Certified development in the BD 1 — 4 zones can receive an additional 5 feet above the stated height limit in ECDC 16.43.030(A). Properties zoned 13135 receive 5 additional feet in addition to the pitched roof bonus of ECDC 16.43.030(C)(2)." She asked why. Mr. Sewell referred to the Business Zones — LEED Gold slide which illustrates BD5 has a pitched roof bonus. 13135 is a more residential version of the BD zone which he assumed was why the bonus exists. That was probably written in the `60s or `70s. He offered to clarify that in the draft code. Councilmember Dotsch summarized the additional 5 feet was because 13135 was more residential. Mr. Sewell explained it still gains a 5-foot bonus, but it also has a pitched roof bonus and its total maximum height (orange line on the slide) is lower than the rest of the BD zones. Another 5 feet is inserted as a potential incentive for LEED Gold or better, but the pitched roof bonus is retained as it currently exists. BD1-4 does not have a pitched roof bonus but there is a 30 foot standard height limit which would allow them to gain a total of 35 feet. Edmonds City Council Draft Minutes September 24, 2024 Page 15 Packet Pg. 27 8.1.a Councilmember Dotsch observed BD5 is the arts corridor and asked if the goal was to create more density on that street by offering the additional 5 feet. Mr. Sewell explained the core premise of this program is to enable and incentivize development that is Built Green or LEED certified that wouldn't otherwise occur. With regard to parking, Councilmember Dotsch commented like other cities and around Green Lake, Edmonds has a lot of dead -ends, little lanes, and a lot of areas that are not pedestrian friendly. Because Edmonds does not have a street grid and is not flat, she was concerned with offering reducing parking as an incentive everywhere. That is a concern she has heard from many people who moved to Edmonds from areas like Ballard or other places where that type of incentive made parking difficult. Offering reduced parking may make sense in a highly urbanized place, but she suggested giving careful consideration to where it makes sense in Edmonds and not offer it as a blanket bonus. Council President Olson said Councilmember Dotsch's comments are related to her question. It is always desirable to have a code that is straight forward and easy to apply, but some of the incentives make sense in some part of the City and not in others. She asked if incentives could be allowed by zone. The height is a similar issue, it could be allowed for regular buildings, but not for DADUs for which the setbacks have already been reduced. She questioned allowing additional height for a 24-foot DADU that is right at the property line; she did not think that was appropriate. She recalled State law did not allow imposition of design limitations on DADUs that were not imposed on single family and questioned whether incentives were allowed to apply to single family that did not apply to DADUs. She wanted that question answered before the council took action. Mayor Rosen declared a brief recess. 2. PROCESS FOR DRAFT ENVIRONMENTAL IMPACT STATEMENT (DEIS) Acting Planning & Development Director Shane Hope reviewed: • What is State Environmental Policy Act (SEPA)? o Washington state law adopted in 1971 to inform governmental agencies and the public about environmental considerations for proposal o Provides method to identify environmental impacts and mitigation opportunities before action is taken o Tool for identifying and analyzing environmental aspects of proposal ■ The EIS process - Provides opportunities for the public, local, state and federal agencies, and tribal governments to participate in developing and analyzing information. - Provides decision -makers with environmental information - Identifies significant impacts - Recommends reasonable alternatives for accomplishing proposal - Identifies potential mitigation for impacts Types of EIS o There are two tvnes of environmental impact statements SEPA Project EIS SEPA Non -Project EIS Purpose Analyzes potential impacts and Provides a basis for future project alternatives to a proposal decisions Actions Proposals that are likely to have a Plans, policies, programs, or Covered significant adverse environmental regulations that control the use of the impact environment Project New construction; facility operation Comprehensive plans, watershed Types changes; environmental cleanup management plans, shoreline master projects; demolitions; and purchases, programs, and development regulations Edmonds City Council Draft Minutes September 24, 2024 Page 16 Packet Pg. 28 8.1.a sales, leases, transfers, or exchanges of natural resources Non -project EIS o Background and objectives ■ Issue background including purpose and need for action' ■ Legislative authority or mandate ■ Primary objective statement ■ Relationship to ongoing and future regulatory and planning efforts o Existing situation ■ Description of existing situation and current regulations ■ Existing means to achieve objective ■ Current institutional structure o Proposal and alternatives ■ Description of proposed regulation, policy or plan ■ Proposed alternatives that could reasonably meet the primary objectives o Environmental impacts ■ Summary of adverse environmental impacts from the proposal and alternatives. EIS Process Steps Notice of August 2023 Early step in preparing the EIS; publication of the Notice of Intent Intent in the Federal Register Scoping Aug 4-Sept 10, Determines the scope of issues to be considered within the Period 2023 DEIS document. Interested parties may submit comments DRAFT EIS Sept 30, 2024 DEIS identifies the project's goals and objectives, assesses the (DEIS) environmental impacts of each alternative, proposed measures to miti ate any identified adverse effects Comment Sept 30-Oct 29, DEIS undergoes an extensive public and agency review. A Period 2024 (30 days) virtual meeting will be held 15 days after publishing the DEIS to provide an overview and seek comments Final EIS Nov 2024 Includes analyzing and responding to all comments received on the draft EIS. To be published no later than 60 days after the close of the comment period. • Role of Preferred Alternative o SEPA does not require "preferred alternative" in EIS process o Naming a preferred alternative can signal the approach to the plan or project thought to be the most likely o Advantage of naming a preferred alternative is that people can focus on the key features and issues related to that alternative • FEIS and Final Plan o Final EIS includes all the public comments o The Final EIS may or may not contain the preferred alternative o The City's comprehensive plan is adopted only after the Final EIS is issued o Includes a public hearing before the final adoption IReview and FEIS Issued ► refinement of ► Public ► Draft Plan Hearing If everything goes well, Ms. Hope believed adoption could occur before the end of the year. This is a very tight timeframe; staff is beginning to plug in dates for council consideration which includes some optional city council or planning board meetings. There may be additional public engagement outside city council Edmonds City Council Draft Minutes September 24, 2024 Page 17 Packet Pg. 29 8.1.a and planning board meetings. If the process can stick to the schedule, adoption could occur before the end of the year. However, if anything goes awry or there are complications, the deadline won't be made. She relayed it was her obligation to do her best to meet the State law and it remains to be seen how close that will come. Council President Olson expressed appreciation for the clarity this information provided. She acknowledged the timelines are tight and some residents may be concerned about the report on the Final EIS. She asked if that was the first time the public will get to see the Q&A or will staff maintain a blog on the website as comments occur in real time in case the public has follow up questions. Ms. Hope responded she did not want to commit to posting comments on the website in real time, but that could be done periodically such as on a weekly basis. Council President Olson responded that would be amazing, anticipating that would help the public process especially since it is condensed at the end and council will be taking action rather close to the deadline. Council President Olson referenced Ms. Hope's comment that the preferred alternative is not locked in, relaying that was not the council's impression and she appreciated hearing that. Ms. Hope clarified, it is not required to have a preferred alternative, but it is helpful for people to know where the City is leaning which is the reason for having a preferred alternative so people pay more attention to that alternative. With the FEIS, the action that follows needs to think about and address what the EIS said. If the City ends up with something different that was not considered in the EIS, that does not work under SEPA. There can be variations between the bookends, but it cannot be totally different. Council President Olson relayed her understanding the City is locked into what is between the bookends. Ms. Hope agreed. Councilmember Dotsch asked what type of public comments are helpful during the public comment period. Ms. Hope answered there will be two documents, first the DEIS on which she hoped people would focus their comments on environmental impacts, things they have concerns about, things the DEIS didn't catch, offering additional information, and if they have a preferred alternative. The public can also offer comments on the draft comprehensive plan which may not be related to an environmental issue, but could be related to a concern or idea that they want incorporated or comments about a specific element. Recognizing the State deadline is the end of the year, Councilmember Dotsch asked with the budget discussion, holidays, public participation, etc. could the City take an extra month. Ms. Hope answered the State's deadline is December 31, 2024. It takes Commerce and other agencies time to determine who has adopted their comprehensive plan by the deadline so there may be a little time in January to submit the plan if it can't in good faith be done sooner. Councilmember Paine commented it is not just Commerce who reviews the comprehensive plan, Puget Sound Regional Council (PSRC) and others review it. She asked if other agencies look at the EIS as well as the comprehensive plan. Ms. Hope answered they get the EIS, but usually do not go very far into it. For example, PSRC as the regional body, needs to ensure the transportation component in particular is consistent with regional planning requirements and policies. If Edmonds is not consistent, that could create ineligibility in the future for transportation and other funding. The State Department of Commerce provides the comprehensive plan to a number of other State agencies such as WSDOT, Department of Health, Fish & Wildlife, etc. Councilmember Paine commented the City has a Climate Action Plan (CAP) although that is not yet required. She asked if there is a review of the CAP at the comprehensive plan level and who would do that, the State or PSRC. Ms. Hope answered it would be the State; the PSRC may consider whether the Climate Element said something contrary to regional policies, but they would not review it at a deep level. Edmonds City Council Draft Minutes September 24, 2024 Page 18 Packet Pg. 30 8.1.a Councilmember Chen thanked Ms. Hope for the information regarding the timeline and process. If a preferred alternative is not required, he asked if one of the options could be to leave out that portion in completing the preferred alternative to meet the deadline and be eligible for State funding. Ms. Hope answered a preferred alternative is not required under SEPA, but it is useful because when thinking about capital projects, it is helpful to have a list of the most likely projects. For example, if the City has a preferred alternative, it provides time for staff working on capital projects to get the list right. Councilmember Chen observed a preferred alternative is still useful. Ms. Hope agreed that while not a SEPA requirement, it is useful to the City and the public. Councilmember Chen asked if there would be an option after year end to complete that part. Ms. Hope responded there is no time requirement for selecting a preferred alternative; it would be useful for the city council to choose a preferred alternative during the period between the DEIS and FEIS or after the FEIS comes out. That way the comprehensive plan can be scoped to ensure it does what is intended and not spend a lot of time on an approach that is not viable. Councilmember Chen asked about the budget for the consultant. Ms. Hope answered if the process remains within the current year, it will be within budget unless something new is added to their list of obligations. If the process goes into next year, additional funds may be required. Councilmember Chen asked if council would have an opportunity to meet with the consultant. Ms. Hope answered it was her understanding the consultants came to one meeting; bringing a consultant to a meeting is expensive due to paying for travel time, prep time, etc. She preferred to have them working on the documents and have staff attend meetings. Councilmember Chen suggested maybe they could attend over Zoom sometime. Councilmember Nand thanked Ms. Hope for the transparency related to the EIS timeline. Her question was related to something that occurred before Ms. Hope rejoined City staff, a decision was made to repeal the Highway 99 EIS and do a citywide EIS. She wondered what level of granularity there would be for a specific subarea, and whether Highway 99 would have benefited from its own EIS versus being folded into the citywide EIS. Ms. Hope answered at the time, the Highway 99 subarea benefited greatly from its own EIS. It structured things and reduced surprises about the fairly significant impacts of the changes coming to that area. Having a citywide EIS is fine and still works. She summarized the Highway 99 subarea EIS was useful at the time, but not necessary if there is a citywide EIS. 11. COUNCIL COMMENTS Councilmember Chen referenced the condensed comprehensive plan timeline and expressed his thanks to staff, Ms. Hope and everyone for their hard work to meet the timeline and produce a good product for the City. Councilmember Tibbott expressed his appreciation for the overview tonight, commenting he could tell the planning & development department was doing a lot of work to keep the council and the community updated. To the community, he said the City is entering the final quarter of year when all the excitement and must -watch TV and opportunities for public input happen. The council's packets are often enormous, this week's was 500 pages and included a Reports on Outside Boards and Commissions which describe things happening in and around the City such as Community Transit, Snohomish County Tomorrow, etc. and make for great reading. Council President Olson shared the great opportunity she had for professional development in the last few days, joining Commander Machado and the graveyard shift on a police ridealong on Sunday night. They said it was a slow night, but she did not want more activity than that to be going on in the City. She gave a shout out to the police department and the great service they provide every day. She plans to attend the CERT disaster skills and community preparedness training this Friday, Saturday and Sunday. Next week she will find out what it is like to live without a car by participating in Community Transit's Week Without Driving. Edmonds City Council Draft Minutes September 24, 2024 Page 19 Packet Pg. 31 8.1.a Councilmember Dotsch echoed councilmembers' kudos to Ms. Hope for the clarity she provided which is helpful for the council and public to know. Councilmember Paine reported since the last council meeting, she participated with a local bus advocate, Roger Pence, in a bus and light rail field trip, taking the bus from the Edmonds station at the waterfront to the Lynnwood station, putting money on ORCA card in the store, and then taking the light rail to Northgate. Through Community Transit, she was able to arrange a marvelous transit trainer who even had swag. There was an electrical problem with the light rail station that day and they barely missed the end of service on their return trip. She appreciated everyone's questions and hustling to where they needed to be. Councilmember Paine agreed council packet item 7.4, Reports on Outside Boards and Committees, contains a lot of great information. She highlighted the PSRC meeting, relaying she took light rail to and from their meeting. The report includes data about new electric vehicle registrations which are up 20% across the PSRC region and declining vehicle miles traveled mainly due to the addition of other modes of transportation such as bus, light rail, pedestrian and bicycles. She highlighted the increase in deaths and injuries for pedestrian and bicycles and she stressed the importance of lowering accident rates in Edmonds and being safe with all modes of transportation. Councilmember Nand reported on the SnoCom 911 meeting which included discussion regarding construction of their future facility, adoption of Flock cameras, and various other topics related to Snohomish County fire, EMS, and police dispatch. She was fascinated to hear from police and fire chiefs about the work their rank and file do to keep the community safe. A new nonprofit is being formed to support Edmonds Pride activities. She invited anyone interested in participating to contact Rowan Soiset at EdmondsQueerYouthAlliance(agmail.com. The City has done a great job providing leadership and planning Pride activities, but the local LGBTQ community is forming their own nonprofit and she was excited see the work they will do going forward. Councilmember Eck reported on the 9/11 memorial ceremony held at the downtown fire station. She and others including Mayor Rosen as well as people from South Snohomish County and first responders from SCF and the local police force attended. She was honored to attend and hear the words spoken and to observe a moment of silence to remember and acknowledge we will never forget what happened. Councilmember Eck said she usually asks people whether they have ever been to Edmonds and then gushes about everything available in Edmonds including the International District on Highway 99. During the last week she has talked to a handful of people who live outside Edmonds that have gushed to her about Edmonds. She was excited the word was out about the wonderful amenities in Edmonds for tourists and everyone who lives in and loves Edmonds and that it was bringing revenue to the City. She encouraged everyone to share the wonderful things that Edmonds offers. 12. MAYOR'S COMMENTS Mayor Rosen commented because his life these days is almost exclusively about numbers, he shared there are only 89 days until the days start getting longer. ADJOURNMENT With no further business, the council meeting was adjourned at 9:11 pm. Edmonds City Council Draft Minutes September 24, 2024 Page 20 Packet Pg. 32 8.2 City Council Agenda Item Meeting Date: 10/8/2024 Approval of Council Special Meeting Minutes September 24, 2024 Staff Lead: Council Department: City Clerk's Office Preparer: Nicholas Falk Background/History N/A Recommendation Approval of Council Meeting minutes as part of the Consent Agenda. Narrative Council meeting minutes are attached. Attachments: 2024-09-24 Council Special Minutes Packet Pg. 33 8.2.a EDMONDS CITY COUNCIL SPECIAL MEETING DRAFT MINUTES September 24, 2024 ELECTED OFFICIALS PRESENT Mike Rosen, Mayor Vivian Olson, Council President Chris Eck, Councilmember Will Chen, Councilmember Neil Tibbott, Councilmember Michelle Dotsch, Councilmember Susan Paine, Councilmember Jenna Nand, Councilmember 1. CALL TO ORDER STAFF PRESENT Frances Chapin, Arts & Culture Program Mgr. Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator The Edmonds City Council special meeting was called to order at 5:45 pm by Mayor Rosen in the Council Chambers, 250 5' Avenue North, Edmonds, and virtually. 2. CONVENE IN EXECUTIVE SESSION TO DISCUSS PENDING OR POTENTIAL LITIGATION, RCW 42.30.110(1)(D The Council convened in executive session to discuss pending or potential litigation per RCW 42.30.110(1)(i) for a period of 30 minutes. Executive Session Extension At 6:15 pm, Mayor Rosen announced that the executive session would be extended to 6:30 pm. 3. RECONVENE IN OPEN SESSION The meeting reconvened at 6:30 p.m. 4. INTERVIEW CANDIDATES FOR APPOINTMENT TO CITY BOARD OR COMMISSION B&C CANDIDATE INTERVIEW — ARTS COMMISSION Councilmembers interviewed Alexandra Leggett for appointment to the arts commission (responses in italics): I'm thrilled to be considered to be part of this group. I moved back to Edmonds three years ago after living in Shoreline and Queen Anne. We live close to Hickman Park; we went to the concert there this summer Edmonds City Council Draft Minutes September 24, 2024 Page 1 Packet Pg. 34 8.2.a and love the community. I went to UW for interdisciplinary fine art, returned for a photograph certificate and am a full-time photographer specializing in weddings and family portraits. I am interested in the arts commission opening because we have developed a love for the city since moving back and now that we have two kids, are learning about opportunities to participate in things happening in the community. We love to walk around the ferry dock and look at the salmon by the fishing pier. We'd noticed a lot of art installations and have learned about how involved the arts commission is, which led me to the decision to apply. Councilmember Nand was excited Ms. Leggett had a business in the creative field. She asked what she felt the arts commission could do to support other small business owners in creative arts. My business is a little different in that I focus mostly on serving clients rather than creating public art installations. Working with different venues and organizations through the years ofphotographing weddings, I've seen how accessible some communities are. One of the things I wish for is more spaces within Edmonds that are perfectly tailored to host things like weddings. The rebuilt Waterfront Center is gorgeous, I've photographed weddings there and it is a perfect space for weddings. Reaching out to the community about opportunities within the city that would make great venues for variety of uses would be wonderful. I love to be creative on own time, I did the art walk a long time ago when I did photography for fun and thought it was a great way to get to know people and businesses. I hope to be more involved in something like that, getting out on a regular basis and meeting people, interacting and learning more about what people want to see. I want to be a good advocate for the City. Councilmember Chen said he was excited about the artistic and business skills she brings to the position. Councilmember Paine asked what she hoped to expand in Edmonds. With her background with the schools, she asked if she would like to carry that forward. I'm heavily involved in the school district already. Our oldest is in kindergarten, but he has been enrolled with an IEP since his third birthday, so we are familiar with available services and have gotten to know a lot of people in the district and I'm working with some parents to start a special education PTSA. I come from a family of public educators; my mom was an art and PE teacher and I remember her being sad about losing opportunities to continue teaching art as funding was reduced for that program. My mom was a docent when I was in elementary school and I hope to help with art in my kids' school. I am heavily involved in the district, understand the importance of arts to kids. I would love to explore opportunities to increase visibility for what kids can do such as a flyer with summer project ideas to encourage creativity. It's important to involve students in art as much as possible. Councilmember Dotsch commented having a young family, her qualifications and diverse background will bring a great perspective to the arts commission. Her passion obviously shines through; art while kids are younger instills a spark. She is excited to see what she can do on the arts commission. Mayor Rosen advised approval of her appointment will occur at the regular council meeting. 2. B&C CANDIDATE INTERVIEW — ARTS COMMISSION Councilmembers interviewed Robby London for appointment to the arts commission (responses in italics): I've lived in Edmonds for 24 years. I consider myself a refugee from Los Angeles show business. My passion has been in music as a song writer and musician, but trying to monetize that passion made me not enjoy it, so I took a left turn in my youth and became a writer and producer and then an executive in the television business. I was fortunate to have great success and have credits on over 2500 hours of television, won a couple Emmies, 14 Emmy nominations and 14 humiliating defeats. I moved to Edmonds as a lifestyle choice; Iliad a great situation in LA professionally, but did not feel fulfilled living there. I specifically chose Edmonds and it has exceeded my expectations as a marvelous place to live. One of the things that struck me about Edmonds is the arts community and the artistic vibe. I've wanted to find a way to give back to Edmonds City Council Draft Minutes September 24, 2024 Page 2 Packet Pg. 35 8.2.a Edmonds because I love it here so much, but nothing appealed to me until I read about this opening. I've also worked in a lot of nonprofits related to media and entertainment including chair of the board for one nonprofit and on the board for others. I think my skills and interests are well suited to this commission and a good intersection between something I would enjoy, have something to offer, and hopefully can support the wonderful arts in the community. Councilmember Tibbott said he also enjoys Edmonds and was impressed that Mr. London wanted to bring his talents here. He asked his impression about the musical art scene in Edmonds and how he could add to its flavor. Because my career was not in music, that is not my expertise, but I know a lot about music. My impressions are primarily from the Edmonds Center for the Arts and the free concerts and in general I've been impressed with what exists, with the diversity and quality of the talents, and the offerings without having to spend a lot of money. Porchfest was a wonderful event with wonderful talent. Councilmember Chen commented on Mr. London's accomplished background. He looked forward to what he would bring to the already rich musical and art environment. Council President Olson passed on a compliment to both applicants and to Ms. Chapin, recalling Mayor saying I don't know where Francis finds these people. She relayed her gratitude for their volunteerism, talents and passion and what they bring to the City. Mayor Rosen advised approval of his appointment will occur at the regular council meeting. ADJOURNMENT With no further business, the special Council meeting was adjourned at 6:44 pm. Edmonds City Council Draft Minutes September 24, 2024 Page 3 Packet Pg. 36 8.3 City Council Agenda Item Meeting Date: 10/8/2024 Approval of claim checks and wire payments. Staff Lead: Kimberly Dunscombe Department: Administrative Services Preparer: Nori Jacobson Background/History Approval of re -issued claim checks #264415 $3,162.00, check #264417 $260.00 and check #264435 $91.20, claim check #264416 dated September 27, 2024 for $777,523.90, claim checks #264418 through #264485 dated October 2, 2024 for $201,153.09 and wire payments of $2,933.35 & $1,896.76. Staff Recommendation Approval of claim checks and wire payments. Narrative The Council President shall be designated as the auditing committee for the city council. The council president shall review the documentation supporting claims paid and review for approval by the city council at its next regular public meeting all checks or warrants issued in payment of any claim, demand or voucher. A list of each claim, demand or voucher approved and each check or warrant issued indicating the check or warrant number, the amount paid and the vendor or payee shall be filed in the city council office for review by individual councilmembers prior to each regularly scheduled public meeting. Attachments: Claims 09-27-24 Agenda copy Claim cks 10-02-24 Agenda copy Packet Pg. 37 apPosPay 9/27/2024 5:20:38PM Document group: jacobson Vendor Code & Name Positive Pay Listing City of Edmonds 079699 ALTMANN, DUSTIN 076436 GRANITE CONSTRUCTION CO 076317 PROFESSIONAL TRAINING ASSOC 8.3.a Page: 1 Check # Check Date Amount 264415 9/27/2024 3,162.00 264416 9/27/2024 777,523.90 264417 9/27/2024 260.00 GrandTotal: 780,945.90 Total count: 3 N c m E a d L �3 c U d t V E M V 4- 0 O L Q. CL Q Q O 0 M Q N N Cn O N E M U r c d E t v O w Q Page: 1 Packet Pg. 38 8.3.b apPosPay Positive Pay Listing Page: 1 10/2/2024 9:49:26AM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 065052 AARD PEST CONTROL 264418 10/2/2024 227.64 001528 AM TEST INC 264419 10/2/2024 35.00 074718 AQUATIC SPECIALTY SERVICES INC 264420 10/2/2024 420.47 064341 AT&T MOBILITY 264421 10/2/2024 43.35 079693 AUMAN, ROBERT 264422 10/2/2024 187.00 076685 BAILEY, MICHAEL E 264423 10/2/2024 195.00 072455 BEAR COMMUNICATIONS INC 264424 10/2/2024 6,751.56 002258 BENS EVER READY 264425 10/2/2024 500.57 069226 BHC CONSULTANTS LLC 264426 10/2/2024 9,346.05 071421 BIO CLEAN INC 264427 10/2/2024 994.50 073029 CANON FINANCIAL SERVICES 264428 10/2/2024 691.18 069813 CDW GOVERNMENT INC 264429 10/2/2024 5,129.19 003510 CENTRAL WELDING SUPPLY 264430 10/2/2024 353.77 073249 CG ENGINEERING, PLLC 264431 10/2/2024 1,420.00 070323 COMCAST BUSINESS 264432 10/2/2024 398.46 072746 CONSOR NORTH AMERICA INC 264433 10/2/2024 5,783.50 079709 CONTRERAS, RICHARD 264434 10/2/2024 200.00 079714 COOL HEAT LLC 264435 10/2/2024 91.20 006626 DEPT OF ECOLOGY 264436 10/2/2024 21,022.00 064531 DINES, JEANNIE 264437 10/2/2024 544.00 076610 EDMONDS HERO HARDWARE 264438 10/2/2024 69.64 008705 EDMONDS WATER DIVISION 264439 10/2/2024 1,013.86 008812 ELECTRONIC BUSINESS MACHINES 264440 10/2/2024 335.40 009350 EVERETT DAILY HERALD 264441 10/2/2024 20.64 065427 FCS GROUP 264442 10/2/2024 3,293.75 076340 FIRSTTWO INC 264443 10/2/2024 3,978.00 072634 GCP WW HOLDCO LLC 264444 10/2/2024 173.07 075082 GOUDA INCORPORATED 264445 10/2/2024 5,115.00 063819 HALL, LESLIE 264446 10/2/2024 133.00 072647 HERRERA ENVIRONMENTAL 264447 10/2/2024 5,848.38 078923 HKA GLOBAL INC 264448 10/2/2024 13,282.50 067862 HOME DEPOT CREDIT SERVICES 264449 10/2/2024 2,255.45 067862 HOME DEPOT CREDIT SERVICES 264450 10/2/2024 586.91 061013 HONEY BUCKET 264451 10/2/2024 3,929.60 075966 HULBERT, CARRIE 264452 10/2/2024 2,766.67 076488 HULBERT, MATTHEW STIEG 264453 10/2/2024 600.00 018980 LYNNWOOD HONDA 264454 10/2/2024 131.72 074263 LYNNWOOD WINSUPPLY CO 264455 10/2/2024 831.37 075746 MCMURRAY, LAURA 264456 10/2/2024 68.40 020900 MILLERS EQUIP & RENT ALL INC 264457 10/2/2024 143.54 079701 MORGAN, JEFFREY W 264458 10/2/2024 133.00 069923 MOTION INDUSTRIES INC 264459 10/2/2024 231.86 067834 NATIONAL CONSTRUCTION RENTALS 264460 10/2/2024 232.05 079454 NESS, JULIE ANN 264461 10/2/2024 27.00 062594 NEW PIG CORPORATION 264462 10/2/2024 998.18 070166 OFFICE OF THE STATE TREASURER 264463 10/2/2024 19,538.46 073714 OLBRECHTS & ASSOC PLLC 264464 10/2/2024 3,762.00 063750 ORCA PACIFIC INC 264465 10/2/2024 544.56 027450 PAWS 264466 10/2/2024 612.00 072507 PEACE OF MIND OFFICE SUPPORT 264467 10/2/2024 184.00 078800 POPA & ASSOCIATES 264468 10/2/2024 600.00 078925 PREMIER MEDIA GROUP INC 264469 10/2/2024 1,900.00 046900 PUGET SOUND ENERGY 264470 10/2/2024 6,686.23 Page: 1 Packet Pg. 39 apPosPay 10/2/2024 9:49:26AM Positive Pay Listing City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 075822 QUADIENT INC 264471 10/2/2024 558.47 030780 QUIRING MONUMENTS INC 264472 10/2/2024 450.00 079681 SEAPORT STEEL 264473 10/2/2024 165.75 079692 SHEILA LOESCH LLC 264474 10/2/2024 133.00 079710 SIEBERS, GREGORY 264475 10/2/2024 296.00 037375 SNO CO PUD NO 1 264477 10/2/2024 9,402.53 070167 SNOHOMISH COUNTY TREASURER 264478 10/2/2024 255.87 068141 TRANSPO GROUP 264479 10/2/2024 48,219.30 073310 UNISAFE INC 264480 10/2/2024 1,703.76 069751 VESTIS 264481 10/2/2024 283.28 075635 WCP SOLUTIONS 264482 10/2/2024 221.72 073552 WELCO SALES LLC 264483 10/2/2024 356.40 077188 WELCOME MAGAZINE 264484 10/2/2024 3,456.00 011900 ZIPLY FIBER 264485 10/2/2024 1,381.53 GrandTotal: 201,244.29 Total count: 67 W c m E 0. d L �3 c U d t v E v 0 0 L Q Q Q Q 0 0 Q N N O O N U E M U c d E t v w Q Page: 2 Packet Pg. 40 9.1 City Council Agenda Item Meeting Date: 10/8/2024 Green Building Incentives Code Amendments Public Hearing Staff Lead: Leif Bjorback Department: Planning & Development Preparer: Tristan Sewell Background In the City's 2020 Comprehensive Plan, Edmonds identified the establishment of green building incentives as an action necessary in pursuit of the climate change goals. Furthermore, Edmonds' 2023 Climate Action Plan includes the development of an incentive program to encourage sustainable development as a necessary action to achieve the City's goal of climate neutrality by 2050. Planning & Development aims to implement this program in 2024. Staff initially introduced this topic to the Planning Board on January 10th, 2024. Additional discussions occurred on February 28th and then April 24th, 2024. The Planning Board held a public hearing on the proposed green building incentives program on June 12th, 2024. The topic returned before the Planning Board on July 241h, 2024, for action. The Planning Board then voted to recommend Planning & Development's draft Green Building Incentives to the City Council. Staff introduced the proposed amendments to Council on August 61h, 2024, and delved deeper into the specifics of the proposal in a discussion with Council on September 24th, 2024. Staff Recommendation Staff recommends that the Council consider the community input received in this public hearing on Planning & Development's proposed Green Building Incentives captured in the attached draft code amendments. Planning Board Recommendation The Planning Board recommends the attached draft code amendments to Council after a vote in favor at their July 24, 2024, meeting. See the attached memo addressing this recommendation. Narrative The United Nations Intergovernmental Panel on Climate Change issued its Sixth Assessment Report in March 2023. The Synthesis Report Summary for Policymakers states "[h]uman activities, principally through emissions of greenhouse gases, have unequivocally caused global warming" and that "[t]here is a rapidly closing window of opportunity to secure a livable and sustainable future for all." That same month, the City Council adopted the 2023 Climate Action Plan to secure this future for Edmonds. Edmonds aims to do its part to restrict the global average temperature increase to no more than +1.5°C by achieving climate neutrality by 2050. Most of Edmonds' local climate pollution stems from our built environment. Over a third of our local climate pollution comes from residences. To achieve the Climate Action Plan's goal of climate neutrality Packet Pg. 41 9.1 by 2050, immediate, rapid, and deep greenhouse gas emissions reductions are necessary within this decade. Market conditions perpetuate construction and renovation of inefficient buildings in Edmonds. The lifecycle climate impact of Edmonds' development could be mitigated by incentivizing better construction. Among the strategies identified in the plan is BE-2: "[ijmprove energy efficiency of existing buildings and infrastructure". In pursuit of this strategy, the plan establishes Action BE-2.2: "[c]reate and implement a green building incentive program". Planning & Development staff sought public input and practitioner knowledge in developing these draft amendments. The City engaged with the Master Builders Association of King and Snohomish Counties, local developers, and the Mayor's Climate Protection Committee to identify what Edmonds needs to see more sustainable development. Staff held a Green Building Incentive Forum to educate the broader public on this opportunity and to receive feedback. Staff also attended a green building conference and learned from other local governments' green building programs. Staff analyzed the administrative and regulatory devices that the City could leverage to incentivize more certified sustainable development in Edmonds. The identified methods include permit review time and fees, and beneficial zoning changes. Such changes to the zoning code include height, density, lot coverage, parking requirements, and setbacks. Staff recognizes that different development types benefit from these potential changes in disparate ways, so the drafted amendments reflect these patterns. Discussion Staff researched best practices, outcomes, and plans for revisions of the leading green building programs both locally and nationwide prior to developing the proposed incentives. Edmonds' current development code includes some green building land use incentives, such as increased building height, in limited instances. The attached proposal works to integrate these lessons into existing code in a manner that would be easily understood by applicants and staff alike. The proposal relies on industry standards and existing precedent in the Edmonds Community Development Code to offer attractive incentives capable of motivating the desired environmental outcomes. It is important to diversify the incentives offered as every project is different - in terms of site constraints, financing options, and/or timelines. We asked for feedback on what could Edmonds offer to convince an applicant to shift from conventional construction to green building practices. The draft program represents desirable incentives from our stakeholder discussions and peer feedback from other cities. Financial Impact: Staff developed this incentive program in-house without the use of outside resources (professional services contracts). Whilst staff spent time developing this draft code, staff anticipates little to no additional staff time and/or workload from implementation of these incentives apart from potential enforcement. The enforcement efforts would be offset with significant revenue (enforcement fines) for projects that fail to certify. Staff proposes no financial incentives. Stakeholders: The adherence to the adopted Climate Action Plan and particularly, the reduction of climate impacts from buildings concern all members of our community. The incentives offered primarily concern landowners and developers as prospective applicants, and development review staff, being responsible for implementing permitting expediting and administering the offered land use incentives. The program represents the result of stakeholder engagement discussions, including interdepartmental staff discussions on the impacts of expedited permitting on Engineering, Fire, Planning and Building. Packet Pg. 42 9.1 Attachments: Chapter 16.20 ECDC - RS Chapter 16.30 ECDC - RM Chapter 16.43 ECDC - BD Chapter 16.45 ECDC - BN Chapter 16.50 ECDC - BC Chapter 16.53 ECDC - BP Chapter 16.55 ECDC - CW Chapter 16.60 ECDC - CG Section 19.00.050 Expedited Plan Review Chapter 21.35 ECDC Green Building Power Point Packet Pg. 43 9.1.a Chapter 16.20 ECDC, RS - Single -Family Residential Page 1 of 2 Chapter 16.20 RS - SINGLE-FAMILY RESIDENTIAL Sections: 16.20.000 Purposes. 16.20.010 Uses. 16.20.020 Subdistricts. 16.20.030 Table of site development standards. 16.20.040 Site development exceptions. 16.20.045 Site development standards - Single-family master plan. 16.20.050 Site development standards - Accessory buildings. 16.20.060 Green building incentives. 16.20.060 Green building incentives. A. General. New principal residences, additions and remodels to existing permitted dwellings, and accessory dwelling units may earn reduced site development standards by receiving Master Builders Association of King and Snohomish Counties Built Green® 4-Star certification or better. Each building receives incentives independently for their individual certification. B. Eligibility. Only residential development may receive the land use incentives listed below. Other uses permitted in this zone, whether primary or secondary uses, outright or conditionally permitted, or legal nonconforming, are ineligible for these incentives. See Chapter 17.100 for incentives for community facilities. C. Height. Certified development may extend five feet above the stated height limit of ECDC 16.20.030 if all portions of the roof above the stated height limit have a slope of four inches in twelve inches or greater. D. Setbacks. Residences certified Built Green 5-Star or better may use the setbacks of one RS zone district smaller (i.e. RS-12 site may use RS-10 setbacks - see ECDC 16.20.030). Properties zoned RS-6, RSW-12, or RS-MP are ineligible for this incentive. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Packet Pg. 44 9.1.a Chapter 16.20 ECDC, RS - Single -Family Residential Page 2 of 2 E. Parking. New residential development certified Built Green 4-Star or better requires only one parking space per dwelling unit rather than the standard requirement of ECDC 17.50.020(A)(1)(a). Electric vehicle parking standards of Chapter 17.115 remain calculated according to standard parking requirements. F. Enforcement. Development granted these incentives but then unable to achieve the requirements are subject to the enforcement measures of ECDC 17.XX. G. Permit Review. Permit applications for Green buildings are eligible to receive expedited plan review, as established by ECDC 19.00.050. Draft Amendment - last updated September 13, 2024 The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Disclaimer: The city clerk's office has the official version of the Edmonds Community Development Code. Users should contact the city clerk's office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by Code Publishing Company, A General Code Company. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Packet Pg. 45 9.1.b Chapter 16.30 ECDC, RM - Multiple Residential Page 1 of 2 Chapter 16.30 RM - MULTIPLE RESIDENTIAL Sections: 16.30.000 Purposes. 16.30.010 Uses. 16.30.020 Subdistricts. 16.30.030 Site development standards. 16.30.040 Site development exceptions. 16.30.050 Green building incentives. 16.30.050 Green building incentives. A. General. New multifamily residential buildings, as well as additions and remodels to existing multifamily residences, may earn reduced site development standards by receiving U.S. Green Building Council® Leadership in Energy and Environmental Design TM (LEED) Gold, Master Builders Association of King and Snohomish Counties Built Green® 4-Star certification, or better. The appropriate LEED rating system depends on the project. Each building receives incentives independently for their individual certification. B. Eligibility. These incentives are available to multifamily residential development only. Remodels of and additions to existing single-family residences can earn the incentives for the RS zone instead (see ECDC 16.20.060). Development of new single-family residences is ineligible for these incentives. Other uses permitted in this zone, whether primary or secondary uses, outright or conditionally permitted, or legal nonconforming, are ineligible for these incentives. See Chapter 17.100 for incentives for community facilities. C. Incentive Options. Multifamily residential development certified LEED Gold, Built Green® 4- Star, or better may choose to use one of the following incentives. Multifamily residential development certified LEED Platinum, Built Green® 5-Star, or better may use both of the following incentives. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Packet Pg. 46 9.1.b Chapter 16.30 ECDC, RM - Multiple Residential Page 2 of 2 1. Height. Multifamily residences are allowed an additional five feet above the stated height limit of ECDC 16.30.030(A). This is in addition to pitched roof height bonus of ECDC 16.30.030(A)(1). 2. Density. The dwelling unit density may increase one zoning district as listed in ECDC 16.30.030(A) (i.e., a property zoned RM-2.4 may apply the lot area per unit requirement of the RM-1.5 zone - see). Properties zoned RM-1.5 or RM-EW are ineligible for this additional density incentive. D. Parking. Multifamily residential development certified LEED Gold, Built Green® 4-Star, or better must provide at least one off-street parking space per dwelling unit rather than the requirements of ECDC 17.50.020(A)(1)(b). Electric vehicle parking standards of Chapter 17.115 remain calculated off standard parking requirements. E. Enforcement. Development granted green building incentives but then unable to achieve the requirements are subject to the enforcement measures of ECDC 17.XX. F. Permit Review. Green buildings are eligible to receive expedited plan review, as established by ECDC 19.00.050. Draft Amendment - last updated September 13, 2024 The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Disclaimer: The city clerk's office has the official version of the Edmonds Community Development Code. Users should contact the city clerk's office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by Code Publishing Company, A General Code Company. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Packet Pg. 47 9.1.c Chapter 16.43 ECDC, BD - Downtown Business Chapter 16.43 BD - DOWNTOWN BUSINESS Sections: 16.43.000 Purposes. 16.43.010 Subdistricts. 16.43.020 Uses. 16.43.030 Site development standards. 16.43.035 Design standards - BD zones. 16.43.040 Operating restrictions. 16.43.050 Green building incentives. 16.43.050 Green building incentives. Page 1 of 2 A. General. New buildings, as well as additions or remodels to existing permitted buildings, may earn reduced site development standards by receiving U.S. Green Building Council® Leadership in Energy and Environmental Design" (LEED) Gold certification, Master Builders Association of King and Snohomish Counties Built Green@ 4-Star, or better. The appropriate LEED rating system depends on the project. B. Eiigibiiity. Development of new single-family residences is ineligible for these green building incentives. Remodels and additions for existing single-family residences can earn the incentives for the RS zone instead (see ECDC 16.20.030). See Chapter 17.100 for incentives for community facilities. C. Height. Certified development in the BD1 - 4 zones can receive an additional five feet above the stated height limit in ECDC 16.43.030(A). Properties zoned BD5 receive five additional feet in addition to the pitched roof bonus of ECDC 16.43.030(C)(2). D. Parking. For projects certified LEED Gold, Built Green@ 4-Star, or better, residential parking requirements become one per dwelling unit rather than the standards of ECDC The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Packet Pg. 48 Chapter 16.43 ECDC, BD - Downtown Business Page 2 of 2 17.50.020(A)(1)(b). Electric vehicle parking standards of Chapter 17.115 remain calculated off standard parking requirements. Refer to ECDC 17.50.010(C) for parking requirements. E. Enforcement. Development granted these incentives but then fails to achieve the requirements are subject to the enforcement measures of ECDC 17.XX. F. Permit Review. Green buildings are eligible to receive the expedited plan review, as established by ECDC 19.00.050. Draft Amendment - last updated October 3, 2024 The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Disclaimer: The city clerk's office has the official version of the Edmonds Community Development Code. Users should contact the city clerk's office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by Code Publishing Company, A General Code Company. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Commented [TS7]: Confirm no conflict w/ 16.43. namely whether "commercial floor area" applies to residential Packet Pg. 49 9.1.d Chapter 16.45 ECDC, BN - Neighborhood Business Page 1 of 2 Chapter 16.45 BN - NEIGHBORHOOD BUSINESS Sections: 16.45.000 Purposes. 16.45.010 Uses. 16.45.020 Site development standards. 16.45.030 Operating restrictions. 16.45.040 Green building incentives. 16.45.040 Site development exceptions - green building incentives. A. General. New buildings, as well as additions and remodels to existing permitted buildings, may earn reduced site development standards by receiving U.S. Green Building Council® Leadership in Energy and Environmental Design TM (LEED) Gold certification, Master Builders Association of King and Snohomish Counties Built Green® 4-Star, or better. The appropriate LEED rating system depends on the project. Each building receives incentives independently for their individual certification. B. Eligibility. Development of new single-family residences is ineligible for these incentives. Remodels of and additions to existing single-family residences can earn the incentives for the RS zone instead (see ECDC 16.20.060). See Chapter 17.100 for incentives for community facilities. C. Height. Development certified LEED Gold, Built Green® 4-Star, or better may receive an additional five feet above the stated height limit of ECDC 16.45.020(A) where all portions of the roof above 25 feet are sloped four inches in twelve inches or greater. D. Parking. Development certified LEED Gold, Built Green® 4-Star, or better must provide at least one parking space per 500 square feet of commercial floor area and/or one parking space per dwelling unit. Electric vehicle parking standards of Chapter 17.115 remain calculated off standard parking requirements. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Packet Pg. 50 9.1.d Chapter 16.45 ECDC, BN - Neighborhood Business Page 2 of 2 E. Enforcement. Development granted these incentives but then fail to achieve the requirements are subject to the enforcement measures of ECDC 17.XX. F. Permit Review. Green buildings are eligible to receive expedited plan review, as established by ECDC 19.00.050. Draft Amendment - last updated September 13, 2024 The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Disclaimer: The city clerk's office has the official version of the Edmonds Community Development Code. Users should contact the city clerk's office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by Code Publishing Company, A General Code Company. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Packet Pg. 51 9.1.e Chapter 16.50 ECDC, BC - Community Business Page 1 of 2 Chapter 16.50 BC - COMMUNITY BUSINESS Sections: 16.50.000 BC and BC - Edmonds Way. 16.50.005 Purposes. 16.50.010 Uses. 16.50.020 Site development standards. 16.50.030 Operating restrictions. 16.50.040 Green building incentives. 16.50.040 Green building incentives. A. General. New buildings, as well as additions and remodels to existing permitted buildings, may earn reduced site development standards by receiving U.S. Green Building Council® Leadership in Energy and Environmental Design TM (LEED) Gold, Master Builders Association of King and Snohomish Counties Built Green® 4-Star certification, or better. The appropriate LEED rating system depends on the project. Each building receives incentives independently for their individual certification. B. Eligibility. Development of new single-family residences are ineligible for these incentives. Remodeled existing single-family residences can earn the incentives for the RS zone instead (see ECDC 16.20.060). See Chapter 17.100 for incentives for community facilities. C. Height. Certified development is allowed an additional five feet above the stated height limit of ECDC 16.50.020(A) in addition to the standard pitched roof height bonus of ECDC 16.50.020(A)(2). D. Parking. Development certified LEED Gold, Built Green® 4-Star, or better must provide at least one parking space per 500 square feet of commercial floor area and/or one parking space per dwelling unit instead of the parking required by Chapter 17.50. Electric vehicle parking standards of Chapter 17.115 remain calculated off standard parking requirements. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Packet Pg. 52 9.1.e Chapter 16.50 ECDC, BC - Community Business Page 2 of 2 E. Enforcement. Development granted these incentives but then unable to achieve the requirements are subject to the enforcement measures of ECDC 17.XX. F. Permit Review. Green buildings are eligible to receive expedited plan review, as established by ECDC 19.00.050. Draft Amendment - last updated September 13, 2024 The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Disclaimer: The city clerk's office has the official version of the Edmonds Community Development Code. Users should contact the city clerk's office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by Code Publishing Company, A General Code Company. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Packet Pg. 53 9.1.f Chapter 16.53 ECDC, BP - Planned Business Page 1 of 2 Chapter 16.53 BP - PLANNED BUSINESS Sections: 16.53.000 Purpose. 16.53.010 Uses. 16.53.020 Site development standards. 16.53.030 Green building incentives. 16.53.030 Site development exceptions - green building incentives. A. General. New commercial buildings, as well as additions and remodels to existing buildings, may earned reduced site development standards by receiving U.S. Green Building Council® Leadership in Energy and Environmental Design"' Gold certification or better. The appropriate LEED rating system depends on the project. Each building receives incentives independently for their individual certification. B. Eligibility. Development of new single-family residences cannot receive these green building incentives. Remodeled existing single-family residences can earn the incentives for the RS zone instead (see ECDC 16.20.060). See Chapter 17.100 for incentives for community facilities. C. Height. Certified development receives an additional five feet to the height maximum, in addition to the standard pitched roof height bonus of ECDC 16.53.020(A)(2). D. Parking. Development certified LEED Gold or better must provide at least one parking space per 500 square feet of commercial floor area instead of parking required by Chapter 17.50. Electric vehicle parking standards of Chapter 17.115 remain calculated off standard parking requirements. E. Enforcement. Development granted these incentives but then fails to achieve the requirements are subject to the enforcement measures of ECDC 17.XX. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Packet Pg. 54 9.1.f Chapter 16.53 ECDC, BP - Planned Business Page 2 of 2 F. Permit Review. Green buildings are eligible to receive expedited plan review, as established by ECDC 19.00.050. Draft Amendment - last updated September 13, 2024 The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Disclaimer: The city clerk's office has the official version of the Edmonds Community Development Code. Users should contact the city clerk's office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by Code Publishing Company, A General Code Company. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Packet Pg. 55 9.1.g Chapter 16.55 ECDC, CW - Commercial Waterfront Page 1 of 2 Chapter 16.55 CW - COMMERCIAL WATERFRONT Sections: 16.55.000 Purposes. 16.55.010 Uses. 16.55.020 Site development standards. 16.55.030 Operating restrictions. 16.55.040 Green building incentives. 16.55.040 Green building incentives. A. General. New buildings, as well as additions or remodels to existing permitted buildings, may earn reduced site development standards by receiving U.S. Green Building Council® Leadership in Energy and Environmental Design TM (LEED) Gold certification or better. The appropriate LEED rating system depends on the project. Each building receives incentives independently for their individual certification. B. Eligibility. See Chapter 17.100 for incentives for community facilities. C. Height. Certified development can receive an additional five feet above the stated height limit in ECDC 16.55.020. Building heights remain subject to the Shoreline Management Act - RCW 90.58. D. Parking. Refer to ECDC 17.50.010(C) for parking requirements. Electric vehicle parking standards of Chapter 17.115 remain calculated off standard parking requirements. E. Enforcement. Development granted these incentives but then fails to achieve the requirements are subject to the enforcement measures of ECDC 17.XX. F. Permit Review. Green buildings are eligible to receive the expedited plan review, as established by ECDC 19.00.050. The Edmonds Community Development Code is current through Ordinance 4360, passed June 11, 2024. Packet Pg. 56 9.1.g Chapter 16.55 ECDC, CW - Commercial Waterfront Page 2 of 2 Draft Amendment - last updated September 13, 2024 The Edmonds Community Development Code is current through Ordinance 4360, passed June 11, 2024. Disclaimer: The city clerk's office has the official version of the Edmonds Community Development Code. Users should contact the city clerk's office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by General Code. The Edmonds Community Development Code is current through Ordinance 4360, passed June 11, 2024. Packet Pg. 57 9.1.h Chapter 16.60 ECDC, CG - General Commercial Page 1 of 2 Chapter 16.60 CG - GENERAL COMMERCIAL ZONE Sections: 16.60.000 CG zone. 16.60.005 Purposes. 16.60.010 Uses. 16.60.015 Location standards for sexually oriented businesses. 16.60.020 Site development standards - General. 16.60.030 Site development standards - Design. 16.60.040 Operating restrictions. 16.60.050 Green building incentives. 16.60.050 Green building incentives. A. General. New buildings, as well as additions or remodels to existing permitted buildings, may earn reduced site development standards by receiving U.S. Green Building Council® Leadership in Energy and Environmental Design TM (LEED) Gold certification, Master Builders Association of King and Snohomish Counties Built Green® 4-Star certification, or better. The appropriate LEED rating system depends on the project. Each building receives incentives independently for their individual certification. B. Eligibility. These incentives are available to commercial, multifamily residential, and mixed - use development only. Remodels of and additions to existing single-family residences can earn the incentives for the RS zone instead (see ECDC 16.20.060). Development of new single-family residences is ineligible for these incentives. See Chapter 17.100 for incentives for community facilities. C. Parking. Multifamily residential development certified LEED Gold, Built Green® 4-Star, or better must provide at least one off-street parking space per dwelling unit rather than the standards of ECDC 16.60.030(B)(1). Electric vehicle parking standards of Chapter 17.115 remain calculated off standard parking requirements. The Edmonds Community Development Code is current through Ordinance 4360, passed June 11, 2024. Packet Pg. 58 9.1.h Chapter 16.60 ECDC, CG - General Commercial Page 2 of 2 D. Enforcement. Development granted these incentives but then fails to achieve the requirements are subject to the enforcement measures of ECDC 17.XX. E. Permit Review. Green buildings are eligible to receive the expedited plan review, as established by ECDC 19.00.050. Draft Amendment - last updated September 17, 2024 The Edmonds Community Development Code is current through Ordinance 4360, passed June 11, 2024. Disclaimer: The city clerk's office has the official version of the Edmonds Community Development Code. Users should contact the city clerk's office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by General Code. The Edmonds Community Development Code is current through Ordinance 4360, passed June 11, 2024. Packet Pg. 59 9.1.i Green Building Incentives — Expedited Plan Review Chapter 19.00 BUILDING CODE Sections: 19.00.000 Purpose. 19.00.005 Referenced codes. 19.00.010 Conflict between codes. 19.00.015 Administrative provisions. 19.00.020 International Building Code adopted. 19.00.025 International Building Code section amendments. • 19.00.030 Architectural design review - Optional vesting. • 19.00.040 Excluding nonconforming religious building from certain requirements. • 19.00.045 Reconstruction of damaged buildings. • 19.00.050 Green Building Incentives. The following is a stand-alone code section proposed to be included at the end of ECDC Chapter 19.00 Building Code. 19.00.050 Green Building Incentives. Projects qualifying for Green Building Incentives as allowed in Chapter 16 ECDC shall be eligible for expedited plan review as administered by the Planning and Development Department. Packet Pg. 60 9.1.j Chapter 21.35 ECDC, "G" Terms Pagel of 3 Chapter 21.35 "G" TERMS Sections: 21.35.010 Garage. 21.35.013 Gross floor area. 21.35.017 Ground floor. 21.35.020 Repealed. 21.35.030 Repealed. 21.35.040 Repealed. 21.35.010 Garage. (See also, Commercial Garage.) 21.35.012 Green Building. A development certified by the Master Builders of King and Snohomish Counties Built Green® or U.S. Green Building Council U.S. Green Building Council® Leadership in Energy and Environmental Design TM (LEED). 21.35.013 Gross floor area. An interior habitable area of an accessory dwelling unit, including basements and attics but not including unconditioned space, such as a garage or nonhabitable accessory structures. [Ord. 4360 § 9 (Exh. A), 2024]. The Edmonds Community Development Code is current through Ordinance 4360, passed June 11, 2024. Packet Pg. 61 9.1.j Chapter 21.35 ECDC, "G" Terms Page 2 of 3 21.35.017 Ground floor. The ground floor of a structure is that floor which is closest in elevation to the finished grade along the width of the side of the structure that is principally oriented to the street which provides primary access to the subject property. A structure consisting of a building with multiple entrances divided into individual offices and related uses shall have only one ground floor. In the event that the use of the building shifts traffic from one entrance to another or there is uncertainty in determining which entrance provides "primary access," the primary entrance as established by the historic use of the structure shall control unless the transfer of the "primary access" from one street orientation to another is brought about in conjunction with the building or its use being brought into full compliance with all current code requirements. [Ord. 2958 § 4, 1993]. 21.35.020 Group sign. Repealed by Ord. 3313. 21.35.030 Guest house. Repealed by Ord. 4360. 21.35.040 Guyed tower. Repealed by Ord. 3845. The Edmonds Community Development Code is current through Ordinance 4360, passed June 11, 2024. Disclaimer: The city clerk's office has the official version of the Edmonds Community Development Code. Users should contact the city clerk's office for ordinances passed subsequent to the ordinance cited above. The Edmonds Community Development Code is current through Ordinance 4360, passed June 11, 2024. Packet Pg. 62 9.1.j Chapter 21.35 ECDC, "G" Terms Page 3 of 3 City Website: www.edmondswa.gov Hosted by General Code. The Edmonds Community Development Code is current through Ordinance 4360, passed June 11, 2024. Packet Pg. 63 9.1.k Green Building Incentives Program Public Hearing Leif Bjorback, Building Official Tristan Sewell, Planner Planning & Development Dept. City of Edmonds City Council Public Hearing October 8, 2024 9/24/2024 Packet Pg. 64 9.1.k Tonight's Hearing • Staff Recommendation • Certification Standards • What Green Building Can Look Li ke • Proposed Incentive Options 9/24/2024 • Illustrated Examples • B, RS, and RMZones • Proposed Enforcement Measu res • Next Steps Packet Pg. 65 9.1.k Brief,%...mmary • Buildings emit most of Edmonds' local climate pollution. Residences emit over a third. • Encouraging development with reduced environmental impacts via optional permit review and land use incentives. • Proposed incentives expand upon underutilized existing examples • Learn how to expand and adapt to more contexts, zones, etc. • Planning Board recommends —memo forthcoming 8/ 6/ 2024 Packet Pg. 66 9.1.k PbI icy Context 2020 Comprehensive Plan Climate Change Element • B.1: Citytakes lead reducing Edmonds' GHG emissions • E.2: Programs and incentives for (re)development to reduce GHG emissions 8/ 6/ 2024 2023 Climate Action Plan • Climate neutrality by 2050 • Action BE 2.2: Develop and implement a green building incentives program Packet Pg. 67 9.1.k Program Objectives VALUABLE • Desirable to homeowners and developers, motivating the environmental outcomes • Greater incentives in exchange for`greener' certification 8/ 6/ 2024 SIMPLE • Expand upon code precedent in Titles 16 & 22 • Use industry standards to avoid creating unique criteria • Minimize impacts on City staff Packet Pg. 68 9.1.k Possible Incentives • Expedited plan review —time is money • Reduced permitting fees —direct financial incentive • Additional building height —enables greater efficiency • Reduced setbacks —onsite location flexibility • Increased lot coverage —more developable lot area • Increased Density —number of units, floor area ratio • Reduced off-street parking —specific needs vs. one -size -fits -most 8/ 6/ 2024 Packet Pg. 69 9.1.k Program Development • Researched incentives programs in the region and nationally • American Institute of Architects • American Planning Association • Learned from peers and neighbors • Cities of Bellevue, Everett, Kirkland, Seattle, Shoreline, and Tacoma • Master Builders of ding and Snohomish Counties (MBAKS) 8/ 6/ 2024 • Mayor's Climate Protection Committee • Public forum seeking input from both industry reps and public • Met with Planning Board on 4 occasions Packet Pg. 70 9.1.k Construction Standards Established Certifications • Single -Family Residential: Built Green 4-Star ^^^ Iw Opp BUILTGREEN • Commercial, Multifamily, and Mixed Use: LEED Gold or Built Green 4-Star Multifamily 9/24/2024 • Flexible, point -based, not prescriptive • Updated in response to market and regulation • Widely used and recognized • Third -party verified • Built Green benchmarked on 20% improvement over state energy code Packet Pg. 71 9.1.k Points Categories Built Green • Site and Water • Energy Efficiency • Health and Indoor Air Quality • Materials Efficiency • Equity and Social Justice • Operation, Maintenance, and Homeowner Education • Built Green Brand Promotion 9/24/2024 LEED • Integrative Process • Location and Transportation • Sustainable Sites • Water Efficiency • Energy and Atmosphere • Materials and Resources • Indoor Environmental Quality • Innovation • Regional Priority Packet Pg. 72 9.1.k What Green Bu i I d i ng Can Look Like Encouraging active transportation 64 --' # A, '-- -- ' 9/24/2024 Responsible materials sourcing Packet Pg. 73 9.1.k What Green Building Can Look Like Functional landscaping 9/24/2024 Efficient fixtures and appliances :ter„ ly r { Packet Pg. 74 What Green Bu i I d i ng Can Look Like Efficient building envelopes 9/24/2024 Interstitial space 12 Packet Pg. 75 9.1.k Staff Recommendation Incentivize green building in pursuit of climate neutrality by 2050 by: • Leveraging well -established certification programs • Reducing permit review timeline 50% for certified projects • Granting height bonuses, reduced setbacks, reduced off-street parking, and increased dwelling unit density to certified projects • Providing deeper incentives for higher levels of certification • Limiting scope of eligible projects to certain zones and land uses, prioritizing each zones primary intent • Enforcing follow-through via performance bonds, if needed Supported by Planning Board as of July 24, 2024 9/24/2024 Packet Pg. 76 9.1.k Draft Permit Review Incentives DRAFT- EDMON DS TARGET T I MES FOR PERMIT PROCESSING (WEEKS) Actual Revi ew t i m es m ay vary Permit Type Review Type New Single Regular Family Expedited Single Family Regular Addition or Remodel Expedited Commercial/ MF Regular New Expedited Commercial/MF Regular Additions Expedited Commercial Regular Remodel (Tenant Improvement) Expedited 1 st Review 6 3 3 to 5 2nd Review 3 2 2to3 3rd Review 2 1 1 to 2 Total Target Review Time 11 6 6 to 10 2to3 1 to 1 4to6 8 5 3 16 4 3 2 9 4 3 2 9 2 2 1 5 4 2 1 7 2 1 1 Expedited review for single family not available in RM or B zones FtAFAt4imes may vary depending on staff work volumes and complexity of project. 59 Review Time Savings 5 weeks 2-4 weeks 7 weeks 4 weeks 3 weeks Packet Pg. 77 9.1.k Important Notes on Land Use Incentives Incentives never supersede environmental regulations. Onsite or financial realities may I i m it uti I ization of incentives. Not every project may pursue every option. Possible limiting regulatory factors: • Critical areas • Building and Fire codes • Stormwater • Design review, including landscaping • Street frontage improvements and right-of-way access • Shoreline Master Program 9/24/2024 Packet Pg. 78 9.1.k Draft Land Use Incentives Multifamily Residential Business (B) Zones Commercial (RM)Zones (C)Zones Built Green 4-Star LEED Gold or Built Green 4-Star Multifamily Built Green 5-Star or better get setbacks one zone smaller N/A (i.e., RS-10 to RS-8) +5' plus the 5' pitched roof bonus for all portions sloped at least: Choose one: +5' where all portions above +5' in addition to the existing 3-in-12 BC standard height limit are pitched roof bonus of Ch. 16.30 4-in-12 BN, BP +5, (CW only) sloped at least 4-in-12 0 Maximum unit density increased one tier (i.e., RM-3 to RM-2.4) 6-in-12 BD5 N/A BD1 - 4 1 per dwelling unit 1 perdwellingunit 1 per 500 sq. ft. leasable commercial floor area 9/24/2024 Packet Pg. 79 9.1.k Enforcement —Case Studies Examples from other jurisdictions: • Certification required within 6-30 months of issuance of Certificate of Occupancy • Financial penalty models: • Flat rate • Percentage of work valuation • Per square foot • Remit anywaived or reduced fees in full. • Liens for the penalty or abatement needed to comply. 7/24/2024 Packet Pg. 80 9.1.k Proposed Enforcement Measures • Certification required prior to issuance of Certificate of Occupancy • Failure to achieve certification will require posting a 2-year performance bond. Bond amount is based on: • Expedited permit review bond val ued at 50% of bu i I d i ng perm it fee • Land use incentive bond valued at 5% of the project valuation • Bonds released upon approval of certification • Failure to certify withi n 2 years surrenders the bonds as a penalty. • Expedited permit review bond processed as permit fee revenue • Land use incentive bond goes to the City's general fund 9/24/2024 Packet Pg. 81 9.1.k Enforcement Examples Monetary penalties for failure to achieve certification Bond amounts based on scale of project: 3000sf new house 10,000sf Commercial Mixed Use 100,000sf Commercial Mixed Use 9/24/2024 $27, 908 $79, 750 $777,225 Packet Pg. 82 9.1.k Next Steps Staff to draft enforcement code - Chapter 17.XX ECDC Council Committee Meeting: October 15 Council Action: late October 9/24/2024 Packet Pg. 83 NIL . . . . . . . . . . 16 9.1.k Potential Future Council Actions A. Approve program as presented B. Approve program with modified incentives C. Approve program with expedited plan review only D. Delay any approval of the program to a later date 9/24/2024 Packet Pg. 85 9.1.k Built Green Resources • Built Green Remodel Checklist, -landbook • Built Green Single -Family and Townhomes Checklist, Handbook • LEED is behind a paywal I 9/24/2024 Packet Pg. 86 9.1.k Business Zones — LEED Gold Parking: One per 500 sq. ft. or 1 per dwelling unit, except in BID— no requirement for commercial. Pitched Roof Bonus Incentivize Max. Std. Height Max. 25 Images to scale 3/24/2024 BN/ BP 4-i n-12 Height BC 3-in-12 6-in-12 A i Packet Pg. 87 9.1.k 3D Illustrations • Some choices were necessary developing these examples. • Establish baselines —minimum lot dimensions, zoning, etc. • Show maximum development potential —unit count, lot coverage, size, etc. 9/24/2024 • Flat, rectangular lots • Simply masses inwhich a building must fit, not indicative of architecture • Incentives illustrated in green Packet Pg. 88 9.1.k Minimum RS-8 lot • Standard lot - 70' wide, 8,000 sq. ft. • Most common zone • Built Green 5-Star RS-6 setbacks in Highly idealized scenario, not reality Illustrating max. use of regulation • Max. 35% coverage • 1,300sf primary dwelling footprint • Two 1,000 sf DADUs • 500 sf footprint for 2-story • 1,000 sf footprint for 1-story • No other buildings (shed, garage, etc.) • Orientations are somewhat arbitrary • Built Green 5-Star RS-6 setbacks in green • Footprints 30' wide (needed later) • 3 parking spaces required for 2 ADUs. Illustrated as outdoors. 9/24/2024 Packet Pg. 89 9.1.k RS-8 Setback Incentives Existing Code/ Built Green 4-Star �-,._'� 9/24/202, Built Green 5-Star or Better 27 Packet Pg. 90 9.1.k Existing Regulation • Orientations - could rotate 90' • Maximum distance between units - pinned to setback corners • Built Green 5-Star or better setback incentives illustrated in yruvi. 9/24/2024 28 Packet Pg. 91 9.1.k Built Green 4-Star • Adds 5' pitched rooves • Orientations - could rotate 900 • Maximum distance between units - pinned to setback corners • Built Green 5-Star or better setback incentives illustrated in greer, 9/24/2024 KE c m E m E Q m 0 m c� 0 N a� c 0 a L 3 0 a a� c m c aD SD ,L^ V r.+ m E s 0 0 a Packet Pg. 92 9.1.k Built Green 5-Star • Uses RS-6 setbacks • Orientations - could rotate 90' • Maximum distance between units - pinned to setback corners • Built Green 5-Star or better setback incentives illustrated in green 9/24/2024 Packet Pg. 93 9.1.k RM Existing Zoning and Density Incentive Massing Example • Minimum RM-2.4 lot for 5 units (square) • Maximum lot coverage • 5 pitched rooves-4-in-12 • Setback landscaping, driveway not shown • Two stories most likely These examples look the same, except parking. Existing Zoning • 5 dwelling units (avg. <2,200 sf) • Parking depends on unit bedroom count (6-10 spaces) 4-Star/ LEED Gold —Only Density • 8 dwelling units (avg. <1,360 sf) • 8 parking spaces 9/24/2024 Packet Pg. 94 9.1.k RM Height Incentive Massing Example • Minimum RM-2.4 lot for 5 units • Maxi m u m I of coverage • S pitched rooves-4-in-12 • Landscaping, driveway not shown • 3 stories more likely, increasing potential unit size Again, these examples lookthe same, except parking. 4-Star/ LEED Gold —Only Height • 5dwellings, 5 parking spaces 5-Star/LEED Platinum —Height & Density • 8 dwellings units, 8 parking spaces 9/24/2024 Packet Pg. 95 10.1 City Council Agenda Item Meeting Date: 10/8/2024 2025-2026 Budget Presentations: Administrative Services and Parks, Rec & Human Svcs Staff Lead: Director Dunscombe and Director Feser Department: Administrative Services Preparer: Kimberly Dunscombe Background/History The 2025-2026 operating budget will be presented to the City Council by departmental components. These presentations will occur over several Council meetings through the month of October. Most departmental presentations are scheduled for 15 minutes and it is requested of Council to hold their questions of staff for either scheduled budget deliberations or through the City Council's Budget Query system. The presentations will provide information within the following areas: 1. Programs and Services Overview 2. 2025 Budget Highlights 3. Impacts of Budget Cuts The first set of presentations start during the October 8, 2024 Council meeting and includes both the Administrative Services (30 minutes) and the Parks, Recreation & Human Services (15 minutes) Departments. The related presentations are attached to this agenda item. Staff Recommendation Informational presentation. No action required. Attachments: Presentation - Parks, Rec & Human Services 2025-26 Operating Budget 2025 Department Budget Presentations - 100824 Packet Pg. 96 10.1.a CITY OF EDMONDS -WASH INGTON The 2025 Budget Parks, Recreation & Human Services October 15, 2024 Angie Feser, Director Packet Pg. 97 10.1.a as a� _ m co N O N 6 N O N d 7 m C c6 L Q. 0 N 6 N O N N d V d _ c6 E 2 06 V d N L ca a _ 0 _ a� d L a as E ca a Packet Pg. 98 10.1.a CITY OF EDMONDS W A S H I N G T 0 N THE ROLE OF PARKS, RECREATION & HUMAN SERVICES as a� m O N O N N O N Packet Pg. 99 /, Safety Quality of Life Investment Livability Economic Resilience • 230 acres of Parks and Open Space • 47 Parks • 1 mile of Puget Sound Shoreline • Citywide Beautification and Streetscapes • Recreation Services • Classes, camps, leagues • Field & facility rentals • Special Events • Human Services • Cemetery Services All Packet Pg. 100 10.1.a Department Priorities • 2022 Parks, Recreation & Open Space (PROS) Plan • Safety and sanitation for public, staff and visitors • Preservation of natural and built assets. • Cost recovery within department programs • Programs which provide more diverse and equitable participation opportunities. Packet Pg. 101 10.1.a Y ' CITY OF EDMONDS -WASH INGTON ono 1 % 2025 BUDGET HIGHLIGHTS r a� a� m N O N 6 N O N Packet Pg. 102 10.1.a Big Changes • Priority based budgeting • Increase in revenue • Decrease in expenditures • Reduction in programs • Reduction in staff • Level of service reduction Packet Pg. 103 D I-C kA 2C I er, a u ", - " 0,# 10.1.a Expenditure Decreases • 11% in Park Maintenance (-$373,000) • 42% in Administration ( >323,449) • 30% in Recreation (-$679,000) • 47% in Human Services (-$149,554) (general fund impact) • Parks, Recreation & Human Services use of the general fund decreased by 23% ($1,525,j00) m a� m co N O N LO N O FIA- Packet Pg. 105 10.1.a Y ' CITY OF EDMONDS -WASH INGTON ono 1 % WHAT'S NEW r a� a� m N O N 6 N O N Packet Pg. 106 10.1.a Afresh take • Consolidate locations • All programs outsourced • No more internally run rec programs • Doing more with less • Inflation increase (utilities, IT, wages) • Cost recovery for Rec programs (all are positive to the general fund) Packet Pg. 107 10.1.a Consolidation & Efficiency • Reduction in administrative staff • All programming at the Frances Anderson Center; relocated from Waterfront Center • Eliminate programs that utilize city staff as instructors; use independent contractors • Special fund expenses re -allocated out of general fund • Cemetery paying a portion of GF salaries for Cemetery related work • Opioid Funding (Fund 018) supporting Human Services • Capital Project Manager salary covered by capital project expenditures • Fewer vehicles used by the department • Satellite Park Maintenance Shop vacated Packet Pg. 108 10.1.a Y ' CITY OF EDMONDS -WASH INGTON ono 1 % BUDGET CUT IMPACTS r a� a� m N O N 6 N O N Packet Pg. 109 10.1.a Level of Service Reduction • Recreation Programming • Beach Rangers • Environmental Education • Park Maintenance • 24 Dept Employees Laid Off Packet Pg. 110 10.1.a Loss of Programs • Meadowdale Preschool (2 x .8 FTE's and 19 families) • Summer Day Camp (.25 FTE, 4 hourly positions and 135 families) • Gymnastics Program (.63 FTE, .5 FTE, 4 hourly positions) • Olympic Beach Visitor Center closed (approx. 6,000 visitors per year) • Environmental Education Program (.5 FTE, 1 hourly position) • Environmental Stewardship position reduced to .5 FTE anc changed to PT Volunteer Coordinator • All recreation programs now at Frances Anderson Center • Student Conservation Association partnership Packet Pg. 111 Decreased Level of Service • Beach Ranger and Docent Program (6 hourly positions + volunteers) • Administrative staff reduction (1 FTE, .5 FTE & 4 hourly positions) • Reduction of Parks Maintenance staff (2 FTE and 3 Seasonals) • Edging/weeding/vegetation management • Lawn mowing frequency • Less use of water / irrigation .................---10; *-AL Fewer repair projects Longer response time to vandalism and graffiti Deferred maintenance continues Packet Pg. 112 10.1.a Y ' CITY OF EDMONDS -WASH INGTON ono 1 % THANK YOU r a� a� m N O N 6 N O N Packet Pg. 113 10.1.b r as m N O N 6 N O N C O N d N O O O T- y C O ca C d N d L a d a� m T c a� E Q. d 0 LO N O N w C d E t V w w Q Packet Pg. 114 10.1.b a� 3 m �D N O N LC> N O N C O y d u N co O O T- N C O r ca r C d N d L a a� a� 3 m C O E R Q d a LO N O N w C O E t V r r� Q Packet Pg. 115 10.1.b a� 3 m �D N O N LC> N O N C O y d u N co O O T- N C O r ca r C d N d L a a� a� 3 m C O E R Q d a LO N O N w C O E t V r r Q Packet Pg. 116 10.1.b ROLE OF THE DEPARTMENT • Governmental Affairs & Regional Issues • Legislative & Budget Oversight • Communications & Community Engagement • Establish Law & Policy • Council Administration r as m W N O N LO N O N Packet Pg. 117 10.1.b CITY OF EDMONDS WA S H I N G T O N 2025 BUDGET HIGHLIGHTS r as m w N O N 6 N O N Packet Pg. 118 10.1.b 2025 and 2026 Proposed Budget $ Change $ Change $ Change 2023 2024 2024 2025 2026 25 Budget 25 Budget 26 Budget Description Actuals Budget Estimate Budget Budget 24 Estimate 24 Budget 25 Budget Salaries 212,765 253,724 254,710 253,770 270,015 (940) 46 16,245 Overtime 826 - - - - N/A N/A N/A Benefits 99,731 106,715 120,660 131,722 135,028 11,062 25,007 3,306 Supplies 1,631 1,462 1,000 1,000 1,000 - (462) - Minor Equipment 470 - - - - N/A N/A N/A Professional Services 154 49,500 49,500 5,000 5,000 (44,500) (44,500) - Communications 7,489 7,500 7,050 7,S00 7,500 450 - Travel 2,676 500 300 500 500 200 - Rental/Lease 514 490 468 490 490 22 - - Interfund Rental 75,608 43,535 43,535 50,415 50,415 6,880 6,880 - Repair/Maintenance - 500 240 500 500 260 - - Miscellaneous 5,637 5,360 5,360 3,400 3,600 (1,960) (1,960) 200 Council Contingency 797 10,000 - 10,000 10,000 10,000 - Lease Payment 342 - - - N/A N/A N/A Interest Lease Paymen 7 - - - - N/A N/A N/A 408,647 479,286 482,823 464,297 484,048 (18,S26) (14,989) 19,751 a� 3 m LD N O N L0 N O N Packet Pg. 119 10.1.b 2025 — 2026 Proposed Budget con't • 3.8% assumed salary increase • 2025 Furlough for contract employee • $10,000 contingency spending reintroduced r as m w N O N LO N O N. Packet Pg. 120 10.1.b r as m N O N 6 N O N C O N d N O O O T- y C O ca C d N d L a d a� m T c a� E Q. d 0 LO N O N w C d E t V w w Q Packet Pg. 121 10.1.b BUDGET IMPACTS • Furlough of contract employee results in approximately 88 hours of lost assistance to the Council in meeting and agenda development, strategic planning and scheduling. r as m w N O N LO N O N. Packet Pg. 122 10.1.b r as m N O N 6 N O N C O N d N O O O T- y C O ca C d N d L a d a� m T c a� E Q. d 0 LO N O N w C d E t V w r� Q Packet Pg. 123 10.1.b a� 3 m �D N O N LC> N O N C O y d u N co O O T- N C O r ca r C d N d L a a� a� 3 m C O E R Q d a LO N O N w C O E t V r r Q Packet Pg. 124 10.1.b a� 3 m �D N O N LC> N O N C O y d u N co O O T- N C O r ca r C d N d L a a� a� 3 m C O E R Q d a LO N O N w C O E t V r r Q Packet Pg. 125 10.1.b ROLE OF THE DEPARTMENT • Governmental Affairs & Regional Issues • Communications & Community Engagement • Council Legislative Support • City Policy Development • Community Investment • Boards /Commissions /Committees r as m w N O N LO N O N Packet Pg. 126 10.1.b CITY OF EDMONDS WA S H I N G T O N 2025 BUDGET HIGHLIGHTS r as m w N O N 6 N O N Packet Pg. 127 10.1.b 2025 and 2026 Proposed Budget $ Change $ Change $ Change 2023 2024 2024 2025 2026 25 Budget 25 Budget 26 Budget Description Actuals Budget Estimate Budget Budget 24 Estimate 24 Budget 25 Budget Salaries 249,642 302,809 284,807 284,634 303,424 (173) (18,175) 18,790 Benefits 83,420 96,402 70,500 72,679 77,027 2,179 (23,723) 4,348 Supplies 1,261 1,097 1,050 1,100 1,100 50 3 - Minor Equipment 683 - - - - N/A N/A N/A Professional Services 8,622 51,500 75,000 75,000 75,000 23,500 Communications 1,671 1,400 1,400 1,400 1,400 - - Travel 2,072 2,010 500 6,000 1,000 5,500 3,990 (5,000) Rental/Lease (1,281) 2,000 2,300 - - (2,300) (2,000) N/A Interfund Rental 16,814 30,320 30,320 37,122 37,122 6,802 6,802 Miscellaneous 4,038 3,337 2,260 5,000 5,000 2,740 1,663 Lease Payment 2,995 - - - - N/A N/A N/A Lease Interest 73 - - N/A N/A N/A Equipment 1,937 - - - - N/A N/A N/A 371,947 490,875 468,137 482,935 501,073 14,798 (7,940) 18,138 OF EDMo�O �c. I R90 r as m N O N LO N O N. Packet Pg. 128 10.1.b 2025 — 2026 Proposed Budget con't • 3.8% assumed salary increase • No funding is available for temporary coverage when the staffed Executive Assistant is on accrued leave. • $751000 misc professional services r as m W N O N LO N O N Packet Pg. 129 10.1.b r as m N O N 6 N O N C O N d N O O O T- y C O ca C d N d L a d a� m T c a� E Q. d 0 LO N O N w C d E t V w r� Q Packet Pg. 130 10.1.b BUDGET IMPACTS • Furlough of non -represented staff results in 192 hours r as m w N O N LO N O N. Packet Pg. 131 10.1.b r as m N O N 6 N O N C O N d N O O O T- y C O ca C d N d L a d a� m T c a� E Q. d 0 LO N O N w C d E t V w r� Q Packet Pg. 132 10.1.b 2025 and 2026 Proposed Budget • The city contracts legal services with Lighthouse • Contract states a 3-year rolling average which was 6.2% in 2025 $ Change $ Change $ Change 2023 2024 2024 2025 2026 25 Budget 25 Budget 26 Budget Description Actuals Budget Estimate Budget Budget 24 Estimate 24 Budget 25 Budget ProfSery-CityAtty 676,037 837,420 837,420 889,340 956,041 51,920 51,920 66,701 Prof Serv- N%sc legal - 5,000 5,000 5,310 5,708 310 310 398 ProfSery- Prosecutor 313,026 319,360 319,360 339,160 364,597 19,800 19,800 25,437 989,063 1,161,780 1,161,780 1,233,810 1,326,346 72,030 72,030 92,536 r as m W N O N LO N O N. Packet Pg. 133 10.1.b r as m N O N 6 N O N C O N d N O O O T- y C O ca C d N d L a d a� m T c a� E Q. d 0 LO N O N w C d E t V w r� Q Packet Pg. 134 10.1.b a� 3 m �D N O N LC> N O N C O y d u N co O O T- N C O r ca r C d N d L a a� a� 3 m C O E R Q d a LO N O N w C O E t V r r Q Packet Pg. 135 10.1.b a� 3 m �D N O N LC> N O N C O y d u N co O O T- N C O r ca r C d N d L a a� a� 3 m C O E R Q d a LO N O N w C O E t V r r Q Packet Pg. 136 10.1.b ROLE OF THE DEPARTMENT • Budget / CI Development • Financial Reporting, Analysis, and Long -Range Planning • Accounts Payable /Accounts Receivable /Billing • Business License Administration • Financial Statements, Month -end Close and GL • Payroll and Benefits Administration • City Hall Reception r as m w N O N LO N O N Packet Pg. 137 10.1.b CITY OF EDMONDS WA S H I N G T O N 2025 BUDGET HIGHLIGHTS r as m w N O N 6 N O N Packet Pg. 138 10.1.b 2025 and 2026 Proposed Budget $ Change $Change $ Change 2023 2024 2024 2025 2026 25Budget 25Budget 26Budget Description Actuals Budget Estimate Budget Budget 24 Estimate 24 Budget 25 Budget Salaries 852,810 1,637,013 1,541,352 1,284,126 1,350,261 (257,226) (352,887) 66,135 Overtime 6,134 4,500 - 8,000 8,000 8,000 3,500 - Benefits 239,703 451,690 423,997 430,593 456,317 6,596 (21,097) 25,724 Supplies 2,967 6,615 6,615 6,300 6,300 (315) (315) - Minor Equipment 1,324 2,650 - - - N/A (2,650) N/A Professional Services (80,530) 9,300 69,300 2,200 2,200 (67,100) (7,100) - Communications 14,535 2,000 2,000 2,400 2,400 400 400 - Travel 1,109 4,200 - 500 500 500 (3,700) - Rental/Lease 14,544 3,300 2,000 14,000 14,000 12,000 10,700 - Interfund Rental 84,701 165,713 165,713 107,425 107,425 (58,288) (58,288) - Repair/Maintenance 55,955 44,810 44,810 - - (44,810) (44,810) N/A Miscellaneous 10,766 6,750 3,625 3,500 3,500 (125) (3,250) - Lease Payment 14,495 - - - - N/A N/A N/A Machinery/Equipment - - - - - N/A N/A N/A 1,218,513 2,338,541 2,259,412 1,859,044 1,950,903 (400,368) (479,497) 91,859 r as M w N O N LO N O N. Packet Pg. 139 10.1.b 2025 — 2026 Proposed Budget con't • 3.8% assumed salary increase • ARPA related professional services spending was reduced • Repair/Maintenance of ERP system will be included in Interfund Rental rate going forward. pF EQ4, r as m N O N LO N O N Packet Pg. 140 10.1.b r as m N O N 6 N O N C O N d N O O O T- y C O ca C d N d L a d a� m T c a� E Q. d 0 LO N O N w C d E t V w r� Q Packet Pg. 141 10.1.b BUDGET IMPACTS • Furlough of non -represented staff results in 96 hours of lost time • No funding for the Deputy Director of Administrative Services • No funding for the Senior Office Assistant r as m N O N L0 N O N Packet Pg. 142 10.1.b a� 3 m �D N O N LC> N O N C O y d u N co O O T- N C O r ca r C d N d L a a� a� 3 m C O E R Q d a LO N O N w C O E t V r r Q Packet Pg. 143 10.1.b a� 3 m �D N O N LC> N O N C O y d u N co O O T- N C O r ca r C d N d L a a� a� 3 m C O E R Q d a LO N O N w C O E t V r r� Q Packet Pg. 144 10.1.b CITY OF EDMONDS W A S H I N G T 0 N ROLE OF THE CITY CLERK'S OFFICE (2 FTES) • Administers 6 Program Areas • All required by either Local Ordinance or State Law. Packet Pg. 145 10.1.b CITY OF EDMONDS W A S H I N G T 0 N PROGRAM: ADMINISTRATION (.20 FTE) • Includes day-to-day operations such as purchasing, timesheets, budget development and oversight, emergency preparation & response, internal & external communications, liquor/cannabis license support, business license, parking, and special event permit support, claims, lawsuits. Packet Pg. 146 10.1.b CITY OF EDMONDS IMF" - WA S H I N G T O N PROGRAM: ADMINISTRATION (.20 F- • Edmonds City Code (ECC) • Revised Code of Washington (RC\ City Code and state law mandate the perform an array of duties and tasks city. r as m W N O N 6 N O N Packet Pg. 147 10.1.b CITY OF EDMONDS IMF" - WA S H I N G T O N PROGRAM: BOARDS, COMMITTEES & COMMISSIONS (.20 FTE) Records management of BCC agendas, packets, minutes, membership, and oversight guidance. RCW 42.56 Public Records Act, RCW 40.14 RCW 42.30 Open Public Meetings Act r as m w N O N 6 N O N Packet Pg. 148 10.1.b CITY OF EDMONDS W A S H I N G T 0 N PROGRAM: COUNCIL AGENDAS & MEETINGS (.60 FTE) • Administration, agenda production, agenda review and long-term planning, meeting facilitation AND RECORDING, minutes, legislative history. • RCW 42.56 Public Records Act, RCW 40.14 • RCW 42.30 Open Public Meetings Act Packet Pg. 149 10.1.b CITY OF EDMONDS W A S H I N G T 0 N PROGRAM: ELECTRONIC CONTENT MANAGEMENT (ECM) (.35 FTE) • Maintenance of Laserfiche system, microfilming and digitization, importing new record series, policies, training, new initiatives. • RCW 42.56 Public Records Act, RCW 40.14 Packet Pg. 150 10.1.b CITY OF EDMONDS IMF" - WA S H I N G T O N PROGRAM: ORDINANCES/ RESOLUTIONS, AND ECC/ECDC MAINTENANCE (.25 FTE) • Maintenance of legislative history, including creation and review, amending and repealing documents, ongoing ECC/ECDC development, and significant department -led code changes. r as m N O N 6 N O N Packet Pg. 151 10.1.b CITY OF EDMONDS IMF" - WA S H I N G T O N PROGRAM: ORDINANCES/ RESOLUTIONS, AND ECC/ECDC MAINTENANCE (.25 FTE) • RCW 42.56 Public Records Act, RCW 40.14 • RCW 35A.13.200 Authentication, Recording and Publication of Ordinances • RCW 5.44.080 City or Town Ordinances as Evidence r as m N O N LC'l N O N Packet Pg. 152 10.1.b CITY OF EDMONDS IMF" - WA S H I N G T O N PROGRAM: RECORDS MANAGEMENT (.45 FTE) • Retention, storage, transfer, and destruction of Clerk's department paper records. • Assisting city departments with short and long-term storage of paper records. • RCW 42.56 Public Records Act, RCW 40.14 r as m W N O N LC'l N O N 0 Packet Pg. 153 10.1.b CITY OF EDMONDS IMF" - WA S H I N G T O N • Salaries & Benefits (2 FTEs) $344,807 (72 % ) • Other Expenses* $133,450 (28%) TOTAL $478,257 *facilitate administration of Clerk Programs. Professional services (codification/City Code web portal), Software as a Service (SAAS) (MinuteTraq, Laserfiche, DocuSign), recording & publication, citywide mail (postage & equipment). r as m W N O N LC'l N O N Packet Pg. 154 10.1.b CITY OF EDMONDS W A S H I N G T 0 N BUDGET CUT IMPACTS 1. Elimination of professional services for council meeting minutes writing (-$21,000)* *If this cut is retained, clerk's office will produce action minutes for council meetings. Packet Pg. 155 10.1.b CITY OF EDMONDS IMF" - WA S H I N G T O N BUDGET CUT IMPACTS 1. Non -Rep Furlough, 12 days (-$8,250) r as m w N O N 6 N O N Packet Pg. 156 10.1.b CITY OF EDMONDS WA S H I N G TO N THANK YOU Packet Pg. 157 10.2 City Council Agenda Item Meeting Date: 10/8/2024 Public Hearing on Council Consideration to Collectively Support or Oppose Initiative Measure No. 2117 concerns carbon tax credit trading. This measure would prohibit state agencies from imposing any type of carbon tax credit rating, and repeal legislation establishing a cap and invest program to reduce greenhouse gas emissions. This measure would decrease funding for investments in transportation, clean air, renewable energy, conservation, and emissions -reduction. Should this measure be enacted into law? [ ]Yes [ ] No. Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History Initiative Measure No. 2117 is on the ballot for the November 5, 2024 General Election. A local government legislative body may vote on a motion or resolution to express support or opposition to a ballot proposition (RCW 42.17A.555) if the following procedural steps are first taken: The notice for the meeting must include the title and number of the ballot proposition, and Members of the legislative body or members of the public must be allowed an approximately equal opportunity to express an opposing view. Recommendation Receive public testimony. Discuss and consider a motion to collectively support or oppose Initiative Measure No. 2117 Narrative The Washington State Elections and Snohomish County Local Voters' Pamphlet for the November 5 General Election has been published to the Snohomish County Election Division website https:Hsnohomishcountywa.gov/5722/See-Whats-on-the-Ballot. The relevant content of the Voters' Pamphlet Initiative Measure No. 2117 including the ballot title, the Explanatory Statement, and Argument for and Argument against is attached. A public hearing is not obligatory by statute for Council to consider collective support or opposition to a ballot measure. According to MRSC's guidance on public hearings, the purpose of a legislative public hearing is to obtain public input on important legislative policy matters that affect a wide range of citizens. For legislative hearings, the notice requirements generally depend upon the applicable statute, which may or may not set out specific requirements for the timing and manner of the notice. For public hearings that are considered public meetings under the Open Public Meetings Act, the notice Packet Pg. 158 10.2 requirements of that statute must also be followed. This public hearing follows the notice requirements of the Open Public Meetings Act. Attachments: Voters-Pamphlet-Nov-5-2024-Pages 17-31 RCW 42.17A.555 (1) Packet Pg. 159 10.2.a VOTERS'PAMPHLET Washington State Elections & Snohomish County • ppp- A. STA � z Official Publication WASHINGTON Secretary of State �9 x PV4;� Ballots mailed out by October 18 1(800) 448-4881 1 sos.wa.gov/elections Packet Pg. 160 10.2.a Initiative Measure No. 2117 Initiative Measure No. 2117 concerns carbon tax credit trading. Initiative Measure No. This measure would prohibit state agencies from imposing any type of carbon tax credit trading, and repeal legislation establishing a cap and invest program to reduce greenhouse gas 2117 emissions. This measure would decrease funding for investments in transportation, clean air, renewable energy, conservation, and emissions -reduction. Should this measure be enacted into law? [ ] Yes [ ] No Explanatory Statement . . . . . . . . 18 Fiscal Impact Statement . . . . . . . . 19 Arguments For and Against . . . . . . . 31 17 'The Secretary of State is not responsible for the content of statements or arguments (WAC 434-381-180). Packet Pg. 161 10.2.a 0. Initiative Measure No. 2117 Explanatory Statement Written by the Office of the Attorney General The Law as It Presently Exists In 2021, the Washington Legislature enacted the Climate Commitment Act, which directed the Department of Ecology to design and implement a cap - and -invest program to reduce statewide greenhouse gas emissions. The program works by setting an emissions limit, or cap, and then lowering the cap over time to help ensure Washington meets the greenhouse gas reduction commitments previously set elsewhere in state law. Under the Climate Commitment Act, large emitters of greenhouse gas pollution subject to the program must either reduce their carbon emissions or pay for "allowances" to cover their emissions. The cap -and -invest program applies to certain large emitters of greenhouse gas pollution, including large facilities, fuel suppliers, natural gas and electric utilities, waste -to -energy facilities (starting in 2027), and railroads (starting in 2031). Generally, entities with annual emissions below 25,000 metric tons of carbon dioxide equivalent are not required to obtain allowances to cover their emissions. Carbon dioxide equivalent is a measure used to compare the emissions from various greenhouse gases based on their global warming potential. Additionally, the emissions from certain facilities and certain types of fuel are not subject to the law. These include emissions from fuels used for agriculture or the transportation of agricultural products, aviation fuels, marine fuels combusted outside of Washington, and fuels exported out of Washington. The law also exempts emissions from national security facilities and certain municipal solid waste landfills. Large emitters of greenhouse gas pollution covered by the program must obtain allowances equal to their covered emissions. Allowances are available through auctions administered by the Department of Ecology. The price of allowances sold at auctions fluctuates depending on market demand. Allowances can also be bought or sold through secondary markets at any time based on market prices. A portion of each polluter's compliance obligation may also be met using offset credits, which are also bought and sold on a secondary market. An offset credit is purchased from developers of projects that the Department of Ecology has verified will result in permanent greenhouse gas reductions. Three types of polluters are issued free allowances that can be used to cover some or all of their emissions: "emissions -intensive, trade exposed" industries, natural gas utilities, and electric utilities. All polluters covered by the program must report their greenhouse gas emissions and submit their allowances or other compliance instruments to the Department of Ecology according to a specific schedule. Failure to submit the required number of allowances by the applicable deadline results in an automatic penalty requiring the polluter to submit four allowances for each missing one. Failure to comply with other requirements of the cap -and -invest program is subject to fines of up to $50,000 per violation, per day. Proceeds from the allowance auctions are appropriated by the Legislature and must be invested in climate projects throughout the state, including projects to increase climate resiliency, fund alternative -transportation grant programs, and help Washington transition to a low -carbon economy. State agencies that receive auction proceeds must conduct environmental justice assessments when allocating those funds, consistent with requirements set elsewhere in state law. At least 35% of auction proceeds are required to be used for projects that provide a direct benefit to people in communities disproportionately impacted by environmental harms. Additionally, at least 10% of auction proceeds must be used for projects with Tribal support. The Department of Ecology is required to provide an annual report to the Legislature summarizing how the auction proceeds have been used and whether each project produced verifiable emissions reductions. In 2023, cap -and - invest auctions raised $1.8 billion. In addition to establishing the cap -and -invest program to reduce greenhouse gas emissions, the Climate Commitment Act also establishes a program for the Department of Ecology to reduce emissions of certain air pollutants (particulate matter, ozone, nitrogen dioxide, carbon monoxide, lead, and sulfur dioxide) in communities that the Department of Ecology has determined are overburdened and highly impacted by air pollution. This part of the Act requires Department of Ecology to collect data needed to determine which sources contribute the most to air pollution in these communities. The Climate Commitment Act then requires the Department of Ecology to work with local air agencies to analyze this data and use it to develop and enforce stricter air quality standards where appropriate. Packet Pg. 162 10.2.a Initiative Measure No. 2117 The Effect of the Proposed Measure if Approved If approved, Initiative Measure No. 2117 would repeal the Climate Commitment Act, and bar state agencies from implementing carbon tax credit trading programs. Repealing the Climate Commitment Act would eliminate the climate and air quality programs described above as well as the funding source for investments in climate projects throughout the state. Fiscal Impact Statement Written by the Office of Financial Management For more information visit www.ofm.wa.gov/ballot Summary If approved by voters, Initiative 2117 will reduce state revenue from carbon allowance auctions by $3.8 billion and reduce state expenditures by $1.7 billion between the effective date of the initiative and June 30, 2029. This would reduce or eliminate funding for numerous programs and projects, including for: transportation emissions reduction; transit, pedestrian safety; ferry and other transportation electrification; air quality improvement; renewable and clean energy; grid modernization and building decarbonization; increasing the climate resilience of the state's waters, forests and other ecosystems; fire prevention and forest health; and restoring and improving salmon habitat. Local government fiscal impacts are indeterminate. General assumptions • The effective date of the initiative is December 5, 2024. • The carbon allowance auction scheduled to take place on December 4, 2024, will not occur, as the auction certification and financial settlement process would extend past the day the initiative takes effect. • The provisions of the initiative apply prospectively, not retroactively. • The estimates use the state's fiscal year (SFY) of July 1 through June 30. State fiscal year 2025 is July 1, 2024, through June 30, 2025. State revenue impact Summary Initiative 2117 would repeal the law that requires the Department of Ecology (ECY) to hold carbon allowance auctions, called the Climate Commitment Act; therefore, the state would no longer collect revenue from those auctions. The Climate Commitment Act also iFe established a secondary market for private parties to trade allowances and offset credits; therefore, the state would no longer collect revenue from the business and occupation (B&O) tax assessed on certain secondary market transactions. The Climate Commitment Act carbon allowance auctions began in February 2023 and have generated $2.15 billion in revenue between then and the auction of June 5, 2024. Under the initiative, the last auction would take place on September 4, 2024. The three remaining auctions scheduled in state fiscal year 2025 would be canceled. For state fiscal years 2025 through 2029, the projected reduction in revenue is $3.9 billion from the canceled auctions ($3.8 billion) and a loss of B&O tax collection ($40 million). Auction revenue projections are calculated using ECY's June revenue forecast. Projected revenue impact to Washington State (See Table 1 on page 27.) Revenue impact and fund balance transfers in state fiscal year 2025 The projected revenue loss would be $758.1 million in state fiscal year 2025. Three of the four annual carbon allowance auctions would not take place and allowance sales generating B&O taxes would end. The initiative eliminates five accounts created under the Climate Commitment Act. If the initiative is approved, the remaining funds in those five accounts will be transferred to two new accounts: (1) Transportation Carbon Emissions Reduction Account and (2) Consolidated Climate Account (ESHB 2134, Section 614, Chapter 310, Laws of 2024 and ESSB 5950, Section 907, Chapter 376, Laws of 2024). The Climate Commitment Act and the state operating and transportation budgets direct the distribution of carbon allowance auction revenues and make various transfers between the five Climate Commitment Act accounts and other transportation accounts. Under the initiative, there would not be sufficient revenue to make all the required revenue distributions and budget transfers. These transfers are prioritized as follows: (1) statutory distributions and (2) date of fund transfers specified in the 2023-25 operating and transportation budgets. An estimated $1 million to $300 million would be transferred into the Transportation Carbon Emissions Reduction Account, and $700 million to $900 million would be transferred into the Consolidated Climate Account. These amounts would be available to spend Packet Pg. 163 10.2.a 20 through June 30, 2025. Initiative Measure No. 2117 The exact amount of funding that would transfer into the two new accounts is unknown, because the amounts will be based on: actual agency spending through December 5, 2024; revenue collected from the auction scheduled on September 4, 2024; and implementation of the various fund transfers. Other revenue impacts Beginning in state fiscal year 2025, Business and Occupation (B&O) and Public Utility taxes would not be collected on the purchase, sale or trading of carbon allowances and offset credits by general market participants, resulting in lower state revenue. Currently, general market participants are not required to purchase allowances, have not voluntarily assumed a compliance obligation by opting into the program, and are not eligible to receive allowances from the state at no cost. General market participants must pay B&O tax or public utility tax on these transactions. These participants may include investment banks, hedge funds, trading firms, and companies that want to invest in offset projects. B&O taxes are credited to the state General Fund, which funds various government agencies and activities, and to the Workforce Education Investment Account, which funds educational and training programs. For estimating purposes, the decrease in public utility taxes collected has a minimal impact. All impacts are shown under the B&O tax. State expenditure impact Summary Thirty-seven state agencies have spending authority from Climate Commitment Act funds in the current biennium for programs, projects, and as grants for local governments, community groups, school districts and Tribes. Initiative 2117 would eliminate the revenue source that pays for these programs. The remaining funds already collected would transfer to the Transportation Carbon Emissions Reduction Account and to the Consolidated Climate Account. The 2024 supplemental transportation, operating and capital budgets identify which programs and projects would and would not be eligible for this funding if the initiative passes. Spending authority of $1.7 billion in state fiscal year 2025 would no longer exist because the budget appropriations would be eliminated along with repeal of the accounts. Spending authority of $230.4 million would be available in the Transportation Climate Emissions Reduction Account and spending authority of $653.8 million would be available in the Consolidated Climate Account. It is assumed that funding transferred to the new accounts would continue to be spent through the end of the current state fiscal year or until revenues are exhausted. A net total of approximately $2.6 billion of spending authority in state fiscal years 2025-2029 would no longer be available under the initiative to operate programs and pay for grants from the state operating, capital and transportation budgets. Additionally, the transportation spending plan approved by the Legislature assumes $1 billion would be available in state fiscal years 2026-2029 for projects to improve transit, electrify ferries, advance ultrahigh - speed rail and for initiatives to improve pedestrian safety. This money would no longer be available. Currently, Climate Commitment Act auction revenue is spent from multiple accounts with different purposes. Carbon Emissions Reduction Account • The Carbon Emissions Reduction Account receives the first deposit of revenue, in an amount specified in law, and must be used to reduce carbon emissions from the transportation sector, such as projects to reduce single -occupancy passenger vehicle miles driven; for alternative fuel infrastructure and incentive programs; emission reduction programs for freight transportation; and for ferries and other maritime and port activities. • Seven state agencies have spending authority from the account in the current biennium, which includes funding for the equivalent of more than three full-time staff. Agencies would lose authority to spend $205.2 million this biennium, and $230.4 million in spending authority would be transferred to the Transportation Carbon Emissions Reduction Account. • Two accounts receive funding solely from the Climate Emissions Reduction Account: Climate Active Transportation Account (CATA) and Climate Transit Programs Account (CTPA). These accounts would not be eliminated by the initiative; however, the initiative would eliminate the only revenue source for these accounts. • Funding provided through CATA and CTPA could still be spent through the end of the biennium, June 30, 2025. This funding pays for grant programs such as Safe Routes to Schools, Tribal transit, active transportation local projects and support to transit agencies and other providers Packet Pg. 164 10.2.a Initiative Measure No. 2117 serving people with disabilities, seniors, children and people living in rural areas. Climate Investment Account • Revenue from the auctions is deposited into the Climate Investment Account after the required distribution to the Carbon Emissions Reduction Account and can be used for administering the Climate Commitment Act, tracking spending and reporting, and Tribal capacity grants. • Seven state agencies have spending authority from the account in the current biennium, which includes funding for the equivalent of nearly 116 full-time staff. • Agencies would lose authority to spend $12.2 million through the rest of the biennium, and $23.1 million in spending authority would be transferred to the Consolidated Climate Account. However, a significant portion of that funding is for activities required by the Climate Commitment Act, and under the initiative, these activities would stop. • After reserving an amount for administration of the Climate Commitment Act, funds in the Climate Investment Account are distributed to the Climate Commitment Account and the Natural Climate Solutions Account. Climate Commitment Account • The Climate Commitment Account can be used for development of renewable and clean energy, grid modernization, building decarbonization, industrial efficiency, low-income and worker assistance, climate change mitigation for Tribes, Growth Management Act planning, and the Working Families Tax credit. • Thirty state agencies have spending authority from the account in the current biennium, which includes funding for the equivalent of nearly 136 full-time staff. Agencies would lose authority to spend $419.7 million through the rest of this biennium, and $476.5 million in spending authority would be transferred to the Consolidated Climate Account. Natural Climate Solutions Account • The Natural Climate Solutions Account can be used to pay for programs and projects that increase the resilience of the state's waters, forests and other ecosystems to the impacts of climate change; conserve forestlands; and increase natural climate carbon -pollution -reduction capacity. • Twelve state agencies have spending authority from the account in the current biennium, which 21 includes funding for the equivalent of more than 58 full-time staff. Agencies would lose authority to spend $147.3 million through the rest of the biennium, and $134.9 million in spending authority would be transferred to the Consolidated Climate Account. Air Quality and Health Disparities Investment Account • The Air Quality and Health Disparities Investment Account can be used to pay for projects that monitor and improve air quality and reduce health disparities in overburdened communities. • The account receives auction revenue after the required distribution to the Carbon Emissions Reduction Account. Statute does not specify the amount; however, the Legislature has stated its intention that not less than $20 million each biennium should be transferred to the account. • The ECY currently has a total of $21.8 million in spending authority from the account, which includes funding for the equivalent of nearly five full-time staff. • Under the initiative $19.3 million in spending authority would be transferred to the Consolidated Climate Account. Projected spending impact to Washington State: (See Table 2 on page 27.) Carbon Emissions Reduction Account Impact on the Carbon Emissions Reduction Account in the current biennium: (See Table 3 on page 28.) Significant activities that would be eliminated in SFY 2025 under the initiative: • Construction of hybrid -electric ferries and ferry terminal electrification - $42 million, Washington State Department of Transportation (WSDOT) • Public -private partnerships, including funding added in 2024 for zero -emission vehicle and infrastructure grant programs for commercial vehicles, fire engines and utility service vehicles; local projects to improve safe routes to schools; and pedestrian and bicycle safety - $40.9 million, WSDOT • Rail projects, including Puyallup Tribe and Anacortes port electrification - $35.5 million, WSDOT • Local capital projects, including funding to complete the Guemes Island ferry replacement - $32.9 million, WSDOT Packet Pg. 165 10.2.a 22 Initiative Measure No. 2117 • Public bus and transit facility projects - $29.9 million, WSDOT • Zero -emission vehicle supply equipment infrastructure for state agencies - $13.5 million, Department of Enterprise Services (DES) • Grant funding for electric boats for federally recognized Tribes, Tribal enterprises and Tribal members - $5 million, Department of Commerce (CO • Zero -emission student transportation grants - $4 million, ECY • Transportation planning for the 2026 World Cup - $1 million, WSDOT • Impact study of implementing emissions standards for ocean-going vessels - $477,000, Joint Transportation Committee Future impacts from SFY 2026-SFY 2029: WSDOT would lose anticipated future funding and spending authority for ongoing programs of approximately $2.8 million each biennium, including: • Free ferry fares for youth, • Free youth fares on Amtrak, and • Assistance and education for state agency alternative fuel usage. Additionally, money would not be available for future transportation projects. The 2024 supplemental budget transportation spending plan, approved by the Legislature and used to develop future budgets, plans on spending $1 billion for various projects. These projects include transit grants to improve safety and mobility near schools, ferry vessel and terminal electrification, Tribal port electrification projects, advancing ultrahigh -speed rail, and initiatives to improve pedestrian safety. Climate Active Transportation Account and Climate Transit Programs Account Impact on the Climate Active Transportation and Climate Transit Programs Accounts in the current biennium: (See Table 4 on page 28.) Significant activities that would be eliminated in SFY 2025 under the initiative: None Future impacts from SFY 2026-SFY 2029: For the purposes of this fiscal impact statement, it is assumed future spending from the accounts will end when the remaining fund balances are exhausted. It's unknown what funding may be available to spend beyond June 30, 2025. Examples of programs and funding from the current biennium that would no longer have funding include: • Grants for transit agency operating and capital expenses - $188.9 million, WSDOT, CTPA • Pedestrian and bicyclist route improvement projects - $82.2 million, WSDOT, CATA • Grants to sustain and expand transit services to people with disabilities, seniors, children and people living in rural areas - $60.1 million, WSDOT, CTPA • Move Ahead WA public transportation projects - $46.6 million, WSDOT, CTPA • Grants to increase safe walking and biking routes to schools, including crossing improvements, speed management, sidewalks, bike lanes, shared use paths, streetlights, ADA improvements, education and encouragement activities - $45.4 million, WSDOT, CATA • Funding to transit agencies for cost-effective capital projects that reduce the carbon intensity of the Washington transportation system - $39.4 million, WSDOT, CTPA • Grants to support transport vehicles and transit facilities - $38 million, WSDOT, CTPA • Projects to improve active transportation connectivity for pedestrians along and across current and former state highways in overburdened communities - $25 million, WSDOT, CATA • Grants through the Complete Streets Program for projects on city streets or county roads that improve or add facilities for pedestrians, bicyclists and transit users to improve safe access - $19.1 million, Transportation Improvement Board, CTPA • Support for existing and expanded transit services to people with disabilities and the elderly population throughout rural and small urban areas of the state - $18 million, WSDOT, CTPA • Funding for a School -Based Bicycle Safety Education Program for Washington state public schools; safety and skills training; and education materials including bicycles to school districts, educational service districts and community -based organizations - $16.8 million, WSDOT, CATA Climate Investment Account Impact on the Climate Investment Account in the current biennium: (See Table 5 on page 28.) Packet Pg. 166 10.2.a Initiative Measure No. 2117 Significant activities that would be eliminated under the initiative: • Grants added in 2024 for Tribal capacity to engage and work on climate related projects - $5 million, ECY • Funding to pursue linking Washington's carbon market with the California/Quebec market - $1.8 million, ECY Activities that would cease in SFY 2025 under the initiative: • Implementation of the Climate Commitment Act, including carbon allowance auctions, allocation of no -cost allowances, oversight of the secondary market, regulation of offset projects, tracking emissions reductions produced by expenditures of auction proceeds, and statewide greenhouse gas inventory work - $9.1 million, ECY, Environmental and Land Use Hearings Office • Development of a data portal and other strategies to improve public understanding of expenditures from Climate Commitment Act accounts - $2.6 million, ECY, Office of Financial Management (OFM) • Grants to Tribal governments to support developing carbon offset projects - $2 million, ECY • Setting stricter standards for technology used to limit emissions from stationary emission sources that are the greatest contributors of air pollution in overburdened communities - $1.5 million, ECY • Expansion of air quality monitoring in overburdened communities highly impacted by air pollution, and estimations of the health impacts associated with the air quality experienced in overburdened communities - $557,476, ECY, Department of Health (DOH) Future impacts from SFY 2026-SFY 2029: The ECY and other agencies would lose anticipated future spending authority for ongoing programs of approximately $35 million each biennium to administer the Climate Commitment Act. ECY would lose funding no longer required for administration of the cap -and - invest program. ECY would lose funding to expand the state's air quality monitoring network and improve air quality standards in overburdened communities highly impacted by air pollution. The ECY would also lose $31.5 million per biennium for grants to Tribes to increase capacity to engage and work on climate -related projects and for carbon offset project development and $3.8 million to make improvements to Washington's inventory of greenhouse gas emissions. 23 Climate Commitment Account Impact on the Climate Commitment Account in the current biennium: (See Table 6 on page 29.) Significant activities in SFY 2025 that would be eliminated under the initiative: • Funding to support energy efficiency and decarbonization improvements in multifamily and commercial properties - $100 million, COM • Projects and technology to reduce greenhouse gas emissions in local communities, especially in overburdened communities - $74.1 million, COM • Energy renewal projects across the University of Washington's (UW) campuses and hospital system - $38.9 million, UW • Grants to K-12 schools for indoor air quality assessment and air filtration systems - $30 million, Office of the Superintendent of Public Instruction (OSPI) • Matching funds to support participation in a federal Department of Energy loan program for large-scale energy development - $25 million, COM • Grants to grow Washington's clean energy manufacturing economy - $21.5 million, COM • Grants to improve the state's progress towards greenhouse gas emissions reduction goals in hard - to -decarbonize industries - $13 million, COM • Expansion of Central Washington University's (CWU) geothermal energy production - $12.5 million, CWU • Design and construction of a dairy digester to produce renewable energy and compost from manure sources, post -consumer food and compostable wastes - $10 million, Washington State University (WSU) • Sports and Recreation Center energy efficiency improvements - $10 million, Eastern Washington University • Funding to support local governments to implement greenhouse gas reduction plans - $10 million, COM • Support for Lummi Indian Business Council clean energy projects - $7.6 million, COM • Replacement of Western Washington University's (WWU) steam plant with a mostly electric and water -based heating system - $7 million, WWU • Providing equipment to residential, recreational or educational facilities to improve air quality in King County - $6 million, ECY Packet Pg. 167 10.2.a 24 Initiative Measure No. 2117 • Replacement of windows at the Yakima Valley School to increase energy efficiency - $5.1 million, Department of Social and Health Services (DSHS) • Grants to support non -emitting thermal energy networks - $5 million, COM • Grant funding to reduce food waste and support hunger relief and food assistance needs - $4.8 million, ECY, Washington State Department of Agriculture (WSDA) • Improved energy efficiency of the CWU Science Building - $4.5 million, CWU • Grants to assist community -based organizations, local governments, Tribes and other eligible entities to write, administer federal grants and track grant opportunities - $3.6 million, COM • Funding to help consumers find and take advantage of the home energy improvement funding - $3.5 million, COM • Funding to offer education, planning, technical assistance, and community engagement to enable clean energy access - $3 million, COM • Conducting building energy efficiency assessments - $3 million, DSHS • Funding to reduce greenhouse gas emissions associated with manure -handling systems at dairy and livestock farms - $3 million, Washington State Conservation Commission (SCC) • Funding to advance campus decarbonization - $3 million, WSU • Assistance for community -based organizations, local governments, Tribes and other entities to access federal clean -energy tax incentives - $2.9 million, COM • Grants to increase the reuse of industrial waste products - $2.1 million, COM • Grants to improve the energy efficiency of buildings at community and technical colleges - $2 million, State Board of Community and Technical Colleges Future Impacts from SFY 2026-SFY 2029: Sixteen state agencies would lose anticipated future spending authority for ongoing programs of approximately $200 million in state fiscal years 2026-2027 and $130 million in state fiscal years 2028-2029 for multiple activities including clean energy development, environmental justice work and climate adaptation planning. Natural Climate Solutions Account Impact on the Natural Climate Solutions Account in the current biennium: (See Table 7 on page 30.) Significant activities in SFY 2025 that would be eliminated under the initiative: • Forestland and coastal land preservation: o Funding for the Quinault Indian Nation to buy forestland - $25 million, Department of Natural Resources (DNR) o Funding to purchase forestlands for conservation and protection of endangered species - $15 million, DNR o Purchasing properties to place into conservation status - $10.8 million, DNR o Grants for coastal restoration and resiliency - $7.9 million, Recreation and Conservation Office (RCO) o Algae and other blue carbon sequestration projects - $7 million, COM o Grants to support community forests - $5.8 million, RCO o Grants to improve carbon storage on agricultural lands - $5 million, WSDA • Fire prevention and forest health: o Funding for forest health treatments to increase resilience to fire - $3 million, DNR o Grants to local governments and private landowners for projects to increase forest health and community wildfire resiliency - $2.5 million, SCC o Community -based wildfire risk reduction and forest -health activities, such as engagement with landowners, removal of fire hazard materials and brush clearing - $2 million, SCC • Riparian area and salmon habitat protection: o Restoration and protection of salmon habitat - $25 million, RCO o Fish passage barrier removal projects - $22.2 million, RCO o Estuary and salmon habitat restoration - $11.1 million, RCO Future impacts from SFY 2026-SFY 2029: Nine state agencies would lose anticipated future spending authority for ongoing programs of approximately $50 million each biennium to continue work on programs and projects which increase the resilience of the state's waters, forests and other vital ecosystems to the impacts of climate change; conserve forestlands; and increase natural carbon - pollution reduction capacity. Packet Pg. 168 10.2.a Initiative Measure No. 2117 Air Quality and Health Disparities Investment Account Impact on the Air Quality and Health Disparities Investment Account in the current biennium: (See Table 8 on page 30.) Activities in SFY 2025 that would be eliminated under the initiative: • None Future impacts from SFY 2026-SFY2029: The account would be eliminated along with $40 million in anticipated future funding for ongoing programs administered by ECY to improve air quality and reduce health disparities in overburdened communities. Other state agency spending impacts Compliance costs: The University of Washington (UW) and Washington State University (WSU) are covered entities under the Climate Commitment Act and are required to purchase or acquire compliance instruments (carbon - emission allowances and offset credits) to account for their covered greenhouse gas emissions. Under the initiative, this requirement would be eliminated. The UW would save an estimated $3.4 million in state fiscal year 2025 and $3.8 million each year in state fiscal years 2026-2029. WSU would save $3.3 million in state fiscal year 2025 and $3.7 million each year in state fiscal years 2026-2029. Both universities receive state funding to cover a portion of this obligation cost. The remainder must be paid for by other funding sources. The UW currently receives $1,733,000 in State General Fund each state fiscal year to pay for a portion of their obligation. WSU currently receives $1,718,000 in State General Fund each state fiscal year to pay for a portion of their obligation. The 2024 supplemental operating budget provided an additional $4.3 million in state fiscal year 2024 and $2.6 million in state fiscal year 2025 from the State General Fund for WSU to pay for their obligation. Rulemaking: Under the initiative, ECY would conduct rulemaking from January 2025 through December 2027 to repeal Climate Commitment Act rules and to amend rules regarding greenhouse gas emission reporting. Estimated costs are $1.2 million from the State General Fund for staff to conduct this rulemaking and for support from the Office of the Attorney General. Lease costs: WSU has leased a building in Richland, Washington to 25 house the Institute for Northwest Energy Futures and is paying for this lease with funding from the Climate Commitment Act. WSU is contractually obligated for future expenses through December 1, 2026. Under the initiative, this funding would be eliminated, and WSU would need to find other funds to pay these expenses. The cost is estimated at $810,000 in state fiscal year 2026 and $809,000 in state fiscal year 2027 and would likely be paid for with the State General Fund. Federal funding: Several state agencies and local governments use Climate Commitment Act funding as a required match to receive federal funding, and this match funding is often required before applying for federal grants. Under the initiative, these federal grants would be at risk if the Climate Commitment Act funds are not replaced. It is unknown exactly how much federal funding the state or local governments would receive that would be matched with Climate Commitment Act funding in the future. Therefore, the potential impact of the initiative on the amount of federal funds the state and local governments would receive is indeterminate. Some examples are included. Currently, Transit Formula and Special Needs grant local projects use Climate Commitment Act funding for federal match. The federal amount that would not be funded each fiscal year is approximately $12 million. For rural mobility projects, the amount is approximately $8 million each fiscal year. The Cascadia High -Speed Rail Program was accepted under the Corridor Identification and Development (CID) Program, which is a long-term federal grant pipeline. Federal funding for the next steps for the High -Speed Rail Program requires state matching funds. The program is currently negotiating with the federal railroad administration for a CID grant award amount. These negotiations assume availability of $25 million of Climate Commitment Act funding in the current biennium for state match - and ability to extend spending, if needed - to align with the reimbursement cycle for the federal grant. Under the initiative, WSDOT would be unable to accept $391.7 million of federal funding in state fiscal years 2025-2029 through the CID Program without alternative funding. Performance audit: Under the initiative, the Joint Legislative Audit and Review Committee (JLARC) would not conduct a mandated performance audit of Climate Commitment Act implementation which is required by December 1, 2029. The estimated savings to JLARC is $200,000 from the State General Fund in state fiscal year 2029. Packet Pg. 169 10.2.a 26 Local government impacts Grant and award programs Initiative Measure No. 2117 Passage of the initiative would reduce Climate Commitment Act funding provided by state agencies to local governments and K-12 public schools. Currently, cities, counties, K-12 schools and other local entities can receive grants, loan or contract funding from approximately 130 programs across dozens of state agencies. Under the initiative, all these programs would lose funding past June 30, 2025. Between December 5, 2024, and June 30, 2025, approximately 50 programs and $415.7 million would be eliminated. It is unknown which local governments would apply for grants or loans and be awarded funding, or the amounts of such awards that would be eliminated under the initiative. Significant programs in SFY 2025 that would be eliminated under the initiative: • Local capital transportation projects, including zero -emission infrastructure; public transportation projects; commercial, fire engine and public utility vehicles and infrastructure; port electrification; and clean energy infrastructure - $119 million, WSDOT • Projects to reduce greenhouse gas emissions and support planning - $91 million, COM • Energy efficiency improvements for commercial and multifamily buildings - $45 million, COM • Salmon and estuary recovery and restoration projects - $37.2 million, RCO, SCC • School District Indoor Air Quality & Energy Efficiency program - $30 million, OSPI • Fish passage barrier removal - $23.2 million, COM, RCO • Forest health, fire prevention and fire wise grant program - $13.2 million, DNR, RCO, SCC • Coastal lands restoration and resiliency program - $7.9 million, RCO • King County air quality mitigation - $6 million, ECY • Food waste reduction grants - $4.8 million, ECY, WSDA • Zero -emission student transportation grants - $4 million, ECY • Community forest grant program - $3 million, DNR • Sustainable Farms & Fields grants program - $3 million, SCC • Forest health and fire wise grant program - $2.4 million, SCC Impacts on publicly owned natural gas utilities Two cities in Washington provide natural gas to local ratepayers. They participate in the Climate Commitment Act's cap -and -invest program due to the level of their carbon emissions: the City of Enumclaw and the City of Ellensburg. The initiative repeals the cap -and -invest program, and these two cities would no longer be required to acquire allowances or offset credits equal to their carbon emission levels. The cap -and -invest program currently gives the two cities free allowances in an amount that initially covers all their emissions and then declines at 7% per year through 2030 and 2% per year after 2030. If these utilities decrease emissions (decarbonize) faster than 7% per year, they could return the monetary value of any unused allowances to their ratepayers. Under the initiative, through 2030, the total value of the free allowances that these cities would not receive is forecasted at $13.4 million. Impacts on publicly owned electricity utilities Currently, 53 cities, counties and other publicly owned entities that provide electricity to local ratepayers participate in the cap -and -invest program that would be eliminated under the initiative. Currently, these utilities receive free allowances to cover the total cost burden of compliance, including administrative costs and the costs of acquiring allowances or offset credits equal to the carbon emissions from the power plants that serve their ratepayers. These utilities can use the free allowances to meet their cap -and - invest compliance obligations. Alternatively, they can use some of the free allowance value to implement programs that benefit ratepayers. Under the initiative, through 2030, the total value of the free allowances that these entities would not receive is forecasted at $1.3 billion. Packet Pg. 170 10.2.a Initiative Measure No. 2117 27 Table 1 — Projected revenue impact to Washington State Account SFY 2025 SFY 2026 SFY 2027 SFY 2028 SFY 2029 Carbon Emissions Reduction ($672,271,000 ) ($71,823,000) ($71,823,000) ($71,823,000) ($71,823,000) Account Climate Transit Programs $0 ($201,106,000 ) ($201,106,000) ($201,106,000) ($201,106,000) Account Climate Active Transportation $0 ($86,188,000 ) ($86,188,000) ($86,188,000) ($86,188,000) Account Climate Investment Account, portions of which are distributed to the Climate ($79,285,000) ($472,765,000) ($422,789,000) ($402,426,000) ($301,837,000) Commitment Account and Natural Climate Solutions Account Air Quality and Health Disparities Improvement ($2,500,000) ($10,000,000) ($10,000,000) ($10,000,000) ($10,000,000) Account General Fund -State ($3,400,000) ($7,100,000) ($7,400,000) ($7,800,000) ($8,100,000) Workforce Education ($600,000) ($1,200,000) ($1,200,000) ($1,300,000) ($1,400,000) Investment Account Total ($758,056,000) ($8501182,000) ($800,566,000) ($780,643,000) ($680,514,000) Table 2 — Projected spending impact to Washington State: Account SFY 2025 SFY 2026 SFY 2027 SFY 2028 SFY 2029 Carbon Emissions ($435,594,125) ($1,387,000) ($1,387,000) ($1,387,000) ($1,387,000) Reduction Account Transportation Carbon Emissions Reduction $230,354,125 $0 $0 $0 $0 Account Climate Active ($0) ($9,533,500) ($9,533,500) ($9,533,500) ($9,533,500) Transportation Account Climate Transit Programs ($0) ($179,850,000) ($179,850,000) ($179,850,000) ($179,850,000) Account Climate Investment Account ($35,256,884) ($35,443,000) ($35,443,000) ($35,094,000) ($35,094,000) Climate Commitment ($896,196,884) ($102,620,000) ($97,523,000) ($66,026,000) ($64,389,000) Account Natural Climate Solutions ($282,251,136) ($25,392,000) ($27,953,000) ($22,956,000) ($25,853,000) Account Air Quality and Health Disparities Investment ($19,333,611) $0 $0 $0 $0 Account Consolidated Climate $653,797,443 $0 $0 $0 $0 Account General Fund -State ($6,349,000) ($6,152,000) ($6,364,000) ($7,500,000) ($7,700,000) General Fund -Federal ($45,000,000) ($70,000,000) ($70,000,000) ($70,000,000) ($236,700,000) Total ($835,829,954) ($430,377,000) ($428,053,500) ($392,346,500) ($590,5W,500) Packet Pg. 171 10.2.a Initiative Measure No. 2117 Table 3 — Impact on the Carbon Emissions Reduction Account in the current biennium: Agency Spending authority eliminated Spending authority transferred to the Transportation Carbon Emissions Reduction Account Department of Commerce ($5,000,000) $0 Department of Ecology ($4,000,000) $0 Department of Enterprise Services ($13,500,000) $0 Department of Natural Resources $0 $671,724 Joint Transportation Committee ($477,000) $2,243,091 Washington State Department of Transportation ($182,263,000) $227,439,310 Washington State Parks & Recreation Commission $0 $0 Total ($205,240,000) $230,354,125 Table 4 — Impact on the Climate Active Transportation and Climate Transit Programs Accounts in the current biennium: Agency Spending authority eliminated Spending authority retained Transportation Improvement Board $0 $7,067,000 Washington State Department of Transportation $0 $322,984,552 Total $0 $330,051,552 Table 5 — Impact on the Climate Investment Account in the current biennium: Agency Spending authority eliminated Spending authority transferred to the Consolidated Climate Account Department of Ecology ($12,081,799) $21,058,099 Department of Health $0 $489,012 Department of Licensing $0 $0 Environmental and Land Use Hearings Office $0 $838,354 Office of Financial Management ($2,370) $565,450 Recreation and Conservation Office $0 $116,800 Washington State Conservation Commission ($105,000) $0 Total ($12,189,169) $23,067,715 Q Packet Pg. 172 10.2.a Initiative Measure No. 2117 KC Table 6 — Impact on the Climate Commitment Account in the current biennium: Agency Spending authority eliminated Spending authority transferred to the Consolidated Climate Account Central Washington University ($16,973,000) $1,300,473 Columbia River Gorge Commission $0 $70,250 Department of Architectural and Historic Preservation $0 $506,755 Department of Children, Youth and Families $0 $3,199,000 Department of Commerce ($269,919,794) $303,908,217 Department of Corrections ($600,000) $1,600,000 Department of Ecology ($9,792,103) $17,917,345 Department of Enterprise Services ($1,617,575) $0 Department of Health $120,000 $79,236,333 Department of Labor & Industries $0 $3,463,669 Department of Natural Resources ($862,000) $5,423,409 Department of Revenue $0 $281,500 Department of Social and Health Services ($9,958,915) $0 Department of Veteran's Affairs $0 $200,000 Energy Facility Site Evaluation Council ($68,000) $4,561,612 Employment Security Department $0 $329,837 Eastern Washington University ($9,998,000) $50,000 Governor's Office of Indian Affairs $0 $495,218 Office of Financial Management ($875,000) $3,240,284 Office of the Superintendent of Public Instruction ($30,000,000) $7,525,000 The Evergreen State College $0 $0 University of Washington ($39,053,000) $9,055,869 Washington State Board of Community & Technical Colleges ($2,475,000) $5,781,000 Washington State Conservation Commission ($3,048,483) $22,400,000 Washington State Department of Agriculture ($3,407,000) $2,553,592 Washington State Department of Fish & Wildlife $0 $1,056,113 Washington State Parks & Recreation Commission ($950,000) $1,462,443 Washington State University ($13,000,000) $352,823 Western Washington University ($7,000,000) $0 Workforce Training Board $0 $508,273 Total ($419,717,870) $476,479,014 Packet Pg. 173 10.2.a 30 Initiative Measure No. 2117 Table 7 - Impact on the Natural Climate Solutions Account in the current biennium: Agency Spending authority eliminated Spending authority transferred to the Consolidated Climate Account Department of Commerce ($7,975,000) $2,600,546 Department of Ecology ($2,079,963) $21,451,072 Department of Enterprise Services $0 $0 Department of Health $0 $22,828 Department of Natural Resources ($54,594,358) $26,464,652 Military Department $0 $84,022 Recreation and Conservation Office ($72,006,000) $57,279,700 University of Washington $0 $486,602 Washington State Conservation Commission ($5,603,713) $24,331,293 Washington State Department of Agriculture ($5,000,000) $114,884 Washington State Department of Fish and Wildlife $0 $1,145,241 Washington State Parks & Recreation Commission ($75,000) $936,263 Total ($147,334,034) $134,917,102 Table 8 — Impact on the Air Quality and Health Disparities Investment Account in the current biennium: Agency Spending authority eliminated Spending authority transferred to the Consolidated Climate Account Department of Ecology $0 $19,333,611 Total $0 $19,333,611 Q Packet Pg. 174 10.2.a Initiative Measure No. 2117 Argument for Vote "Yes" on 1-2117 to repeal Washington's expensive, unfair, and wasteful CO2 tax The CO2 tax increases the cost of gasoline and energy and drives up the price of everything we buy. A hidden tax that hurts low-income people most while providing large handouts to special interests. That's why a bipartisan group of climate scientists, farmers, small business owners, and environmental justice advocates is voting "Yes" on 1-2117 to cut energy prices and protect jobs. The CO2 tax is built on broken promises Politicians promised the CO2 tax would make gasoline prices go up by only "pennies." Instead, the CO2 tax added nearly 40 cents per gallon at the pump, making Washington's fuel some of the most expensive in the nation. Plus, the tax will double in just a few years. Energy inflation hits low-income families hardest While working families struggle with higher prices, politicians offer token, election -year "credits" to hide the real costs of the tax. The state even made it illegal for utilities to tell people the CO2 tax is hiking up their bills. This tax is unfair and kills small businesses and good jobs. The CO2 tax goes mainly to government and special interests —not fighting climate change The CO2 tax gives billions to government bureaucrats, with little left for tackling pollution and climate change. Lots of cash for special interests, but almost nothing to stop wildfires or improve air quality. Vote "Yes" to support environmental action that prioritizes the planet not politics. Rebuttal of argument against Advocates of the CO2 tax - the largest energy tax in state history - claim it doesn't increase energy costs. They know this is false. We all felt the harm from soaring gasoline prices Repealing the tax lowers prices. Tax supporters also know the law prohibits the taxes from maintaining roads and bridges. Ending the tax will not hurt transportation. Don't be fooled by dishonest scare tactics. Vote "Yes" to pay less and protect low-income Washingtonians. Written by Nichole Banegas, Environmental Justice Leader; Cliff Mass, Professor of Atmospheric Sciences; Ben Tindall, Executive Director of Save Family Farming; Sheri Call, President & CEO, Washington Trucking Associations; Todd Myers, environmental author, former Puget Sound Salmon Recovery Councilmember; Matt Boehnke, State Senator, 8` Legislative District Contact: No information submitted Argument against 31 1-2117 is a purposely misleading, poorly written initiative that won't do a thing to guarantee lower costs for working families. It will endanger our health and safety and would devastate our transportation system. 1-2117 is a threat to our air, land and water - putting our health at risk. 1-2117 would jeopardize vital protections for our waterways, including rivers, lakes and streams. It would mean more toxic pollution in the air we breathe, resulting in more adults and kids suffering with asthma and illness. It would gut programs that protect our communities from wildfires and eliminate efforts to support salmon recovery and fish habitat. 1-2117 threatens the safe, reliable functioning of our entire transportation system. 1-2117 would cut one-third of funding for our state's already stretched transportation plan, making traffic congestion worse and commutes even longer. These drastic cuts would impact every corner of our state, putting major road and bridge projects addressing congestion, safety and freight mobility in danger of severe delays or outright cancellation. 1-2117 reduces funding to restore a ferry system already in crisis and would drastically slash transit service. An unprecedented coalition opposes 1-2117. The devastating harm 1-2117 would cause has produced a uniquely broad and diverse coalition united in opposition. Over 350 organizations - including firefighters, small businesses, leading companies, doctors, nurses, labor unions and environmental leaders - and Tribal Nations have joined together to fiercely oppose 1-2117. No to more pollution. No to more traffic congestion. No on 1-2117. It's a bad deal for Washington. Rebuttal of argument for The people behind 1-2117 make many misleading claims. If its supporters wanted to lower gas prices, they should have pushed an initiative to cut the gas tax. There is nothing in 1-2117 that guarantees lower gas prices - but it will mean more pollution in our air and waterways, and more asthma and illness. It will devastate our transportation system, increasing traffic congestion and commute times, and costing jobs. Don't be fooled. Vote no on 2117. Written by Mark Riker, Executive Secretary, Washington Building & Construction Trade Council; Leonard Forsman, Chairman Suquamish Tribe, Affiliated Tribes of Northwest Indians; Maia Bellon, The Nature Conservancy in Washington, Board Chair, Tumwater; Richard de Sam Lazaro, Transportation Choice Coalition, Board President; Lindsey Kirsch, Pediatric Registered Nurse; Jason Wilkins, State Council of Firefighters, Spokane, Wildland Taskforce Leader Contact: (206) 331-3969; info@no2l l7.com; no2117.com Packet Pg. 175 10.2.b RCW 42.17A.555 Use of public office or agency facilities in campaigns —Prohibition —Exceptions. (Effective until January 1, 2026. Recodified as RCW 29B.45.010.) No elective official nor any employee of his or her office nor any person appointed to or employed by any public office or agency may use or authorize the use of any of the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition. Facilities of a public office or agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of employees of the office or agency during working hours, vehicles, office space, publications of the office or agency, and clientele lists of persons served by the office or agency. However, this does not apply to the following activities: (1) Action taken at an open public meeting by members of an elected legislative body or by an elected board, council, or commission of a special purpose district including, but not limited to, fire districts, public hospital districts, library districts, park districts, port districts, public utility districts, school districts, sewer districts, and water districts, to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition so long as (a) any required notice of the meeting includes the title and number of the ballot proposition, and (b) members of the legislative body, members of the board, council, or commission of the special purpose district, or members of the public are afforded an approximately equal opportunity for the expression of an opposing view; (2) A statement by an elected official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry; (3) Activities which are part of the normal and regular conduct of the office or agency. (4) This section does not apply to any person who is a state officer or state employee as defined in RCW 42.52.010. [2010 c 204 s 701; 2006 c 215 s 2; 1979 ex.s. c 265 s 2; 1975-'76 2nd ex.s. c 112 s 6; 1973 c 1 s 13 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.130.] Finding—Intent2006 c 215: "(1) The legislature finds that the public benefits from an open and inclusive discussion of proposed ballot measures by local elected leaders, and that for twenty-five years these discussions have included the opportunity for elected boards, councils, and commissions of special purpose districts to vote in open public meetings in order to express their support of, or opposition to, ballot propositions affecting their jurisdictions. (2) The legislature intends to affirm and clarify the state's long-standing policy of promoting informed public discussion and understanding of ballot propositions by allowing elected boards, councils, and commissions of special purpose districts to adopt resolutions supporting or opposing ballot propositions." [2006 c 215 s 1.] Disposition of violations before January 1, 1995: "Any violations occurring prior to January 1, 1995, of any of the following laws shall be disposed of as if chapter 154, Laws of 1994 were not enacted and Certified on 7/12/2024 RCW 42.17A.555 Packet Pg. 176 10.2.b such laws continued in full force and effect: *RCW 42.17.130, chapter 42.18 RCW, chapter 42.21 RCW, and chapter 42.22 RCW." [1994 c 154 s 226.1 *Reviser's note: RCW 42.17.130 was recodified as RCW 42.17A.555 pursuant to 2010 c 204 s 1102, effective January 1, 2012. Certified on 7/12/2024 RCW 42.17A.555 Packet Pg. 177