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2023-09-12 PSPHSP CommitteePUBLIC SAFETY, PLANNING, HUMAN SERVICES & PERSONNEL COMMITTEE MEETING September 12, 2023 Elected Officials Present Staff Present Councilmember Vivian Olson (Chair) Susan McLaughlin, Planning & Dev. Dir. Councilmember Jenna Nand * Leif Bjorback, Building Official Council President Neil Tibbott (ex-officio) * Emily Wagener, HR Analyst Councilmember Diane Buckshnis Jeff Taraday, City Attorney Councilmember Susan Paine Scott Passey, City Clerk * committee member 1. CALL TO ORDER The Edmonds City Council PSPHSP Committee meeting was called to order virtually and in the City Council Conference Room, 212 - 5th Avenue North, Edmonds, at 3:30 p.m. by Councilmember Olson. 2. COMMITTEE BUSINESS 1. Committee Updates ➢ Update on Planning Department Comprehensive Plan Scoping Activities Councilmember Olson read from Ms. McLaughlin's September 6 email; we are not through the initial phase of the scoping for the comprehensive plan outreach. When we are, the consultant will organize additional scoping meetings. Feedback from residents indicated it was a little bit open ended and interest more direction. 2. Title 19 Building and Fire Code Updates Mr. Bjorback explained the building codes are updated approximately every three years. The update begins at a national level where the codes are published and then the State of Washington reviews the building codes, makes amendments, and approved by the state legislature. He reviewed: • Building Codes adopted as of October 29, 2023: 0 2021 International Building Code 0 2021 International Residential Code o 2021 International Mechanical Code o 2021 International Fuel Gas Code 0 2021 International Fire Code 0 2021 International Existing Building Code 0 2021 International Property Maintenance Code 0 2021 International Code Council Performance Code 0 2021 Washington State Energy Code 0 2021 Uniform Plumbing Code 0 2021 International Swimming Pool and Spa Code 0 2021 International Wildland Urban Interface Code o Current National Electrical Code o WA State Amendments as applicable • Building codes are adopted by ordinance in Edmonds Community Development Code Title 19 Building Code - Commercial o 2021 IBC Significant Changes ■ Some examples - New section regulating puzzles rooms 09/12/23 PSPHSP Committee Minutes, - Changes to height and area sections for mass timber construction - Accessibility changes to require automatic door openers on certain occupancies; and increased floor spaces to accommodate larger wheelchairs - Updates to concrete design requirements - State requires EV Charging in most occupancies - New provisions for shipping containers used as buildings Building Code Commercial: Construction and Demolition Material Management o 2021 IBC Optional Appendix P (not mandatory unless adopted by City) ■ Purpose: - To increase the reuse and recycling of construction and demolition materials ■ Applies to: - New buildings - Alterations over 750 sf or $75,000 valuation - Demolition over 750 sf or $75,000 valuation ■ Requirements: - Separate containers for recyclable and non- recyclable materials - Salvage Assessment of materials being removed - Waste Diversion Report at completion Residential Building Code o 2021 IRC Significant Changes ■ EV charging in all new homes with garage (State am. to IRC) ■ Structural requirement changes for wall and roof framing ■ Wind speeds updated for structural design ■ New chapter added by state for existing structures ■ New provisions for Shipping Containers used as houses Residential Building Code - Solar Ready Provision o 2021 IRC Optional Appendix T (not mandatory unless adopted by City) ■ Applies to - New construction - With at least 600 SF of roof area - Oriented within 1000 and 2700of true north ■ Exceptions: Solar ready provisions are not required if: - A permanent on -site solar system is installed - Roof is shaded ■ Requirements - Minimum 300 SF Solar Ready Zone - No obstructions - Capped electrical sleeve thru roof - Electrical service reserved space Residential Building Code - Construction and Demolition Management o 2021 IRC Optional Appendix Y (not mandatory unless adopted by City) ■ Purpose - To increase the reuse and recycling of construction and demolition materials Applies to: - New homes - Alterations over 750 SF or $75,000 valuation - Demolition over 750 SF or $75,000 valuation Requirements: - Separate containers for recyclable and non- recyclable materials - Salvage Assessment of materials being removed - Waste Diversion Report at completion Proposed Title 19 Update o ECDC 19.00 Building Code - Updated from 2018 to 2021 version of each published code 09/12/23 PSPHSP Committee Minutes, Page 3 - Permit timelines increased for applications and permit life - Minor amendments for code clarification and cleanup o ECDC 19.05 Residential Code ■ IRC FS Fire Area calc now includes garage o ECDC 19.25 Fire Code ■ Codification of some South County Fire standards Energy Code — Regulatory Requirements o In the 2009-10 session, the Washington State Legislature passed a law that requires construction permitted under the 2031 state energy code achieve a 70% percent reduction in annual net energy consumption, compared to construction permitted under the 2006 Washington state energy code. Residential Energy Code o 2021 WSEC Significant Changes ■ Air Leakage ■ Attic Insulation ■ Wall Insulation ■ Heating and Cooling Systems ■ Water Heating ■ Lighting ■ Efficiency Package Credits ■ Existing Buildings Commercial Energy Code 0 2021 WSEC Significant Changes ■ Building Envelope ■ Mechanical Systems ■ Water Heating ■ Electrical Power & Lighting ■ Solar Readiness ■ On -site Renewable Energy ■ Efficiency Package Credits ■ Existing Buildings o Solar Readiness ■ Now required in multifamily buildings and commercial buildings (new and significantly altered) ■ Size of solar zone determined as % of roof area ■ Requires providing capacity in electrical panel, route for future wiring, roof penetration sleeve for solar ready zones International Wildland Urban Interface Code - adopted by state o City of Edmonds — Wildland Urban Interface Areas o Purpose 09/12/23 PSPHSP Committee Minutes, Page 4 ■ To mitigate the risk of wildland fire spreading to spreading to wildland areas International Wildland o Construction Requirements: ■ Ignition resistant - Roofs - Eaves - Siding - Glazing - Vents - Decks ■ Spark arrestor on chimney ■ Landscape/ vegetation management ■ Defensible space ■ Fire access structures and from structure fires Urban Interface Code • Timeline o City Council approval of updated Title 19: September 2023 o State adoption of 2021 WSEC and all 2021 Building Codes: ■ WS Building Code Council - Applies to projects applied for on or after the effective date: October 29, 2023 Questions and discussion followed regarding wordsmithing the changes, reasons for proposing extension to the timelines for applications and building permits, whether a public hearing was required or would be helpful, updates related to environmental climate change resilience, basic green building requirements compared to LEED certification, green building forum the City held at the Waterfront Center, changes to special flood hazard areas, support for requiring EV compatibility in new construction, whether the code will impact ADA accessibility, holding a public hearing related to ADA accessibility, updating the Shoreline Management Program to comply with WUI code, impacts of the WUI on other codes/practices, informing the public and developers of the changes, and council decision to adopt optional appendixes. Committee recommendation: Consent agenda 3. Update on City Recruitments Ms. Wagener reported • HR manager and HR assistant - expect to close out hiring in 3-4 weeks • Administrative Services administrative assistant - no response to a verbal offer, may return to applicant pool • Parks seasonal maintenance - doing background on one candidate. A seasonal employee was hired as a full-time park maintenance position necessitating the hiring of another seasonal maintenance • Water maintenance worker - position left open as a new vacancy arose • Capital projects manager and street maintenance laborer - reviewing applications • Fleet maintenance - no applications received. Hiring manager may offer a position to the second top candidate from the last round • Plans examiner and planner positions - department reviewing applications today or in a couple weeks • Domestic violence coordinator - doing background check, anticipated start date November 1 Councilmember Olson reported on police department hiring; there have been 5 hires in 2023, 3 more candidates are scheduled for hire on September 16, one more candidate is at the conditional offer stage with an October 1 hire date. There are currently 12 vacancies in the police department; recruitment and retention is an ongoing process. 09/12/23 PSPHSP Committee Minutes, Page 5 I Committee recommendation: Update only. I 4. Ordinance Regarding Shopping Carts Councilmember Olson commented the content of the agenda memo is more expansive than what she asked for or expected. Her intent was to move forward with what could be done easily. In addition to communicating with stakeholders about required shopping cart signage, she suggested the following revisions to Attachment A to the ordinance (Chapter 5.45 Shopping Cart Regulations): • Modify 5.45.010 Purpose to read, `It is the primary purpose of this Chapter to require retail establishments in the City of Edmonds to permanently affix identification signage to their shopping carts. • Delete 5.45.040.13 Required Shopping Cart Signage regarding enforcement • Remove 5.45.050 Unlawful Removal or Possession of Shopping Carts Questions and discussion followed regarding concern with regulating retail businesses, understanding the financial impacts on retail businesses prior to adopting the regulations, philosophical objection to penalizing victims of a crime (the stores), importance of requiring signage on grocery carts, signage requirements in RCW, including the RCW language in the narrative, collaborating/soliciting feedback from stakeholders before adopting an ordinance, whether the Economic Development Commission could solicit feedback from stakeholders, committee members contacting grocery stores to solicit feedback, and language in the ordinance regarding signage. Committee recommendation: EDC gather feedback from stakeholders 5. Adult Exchange Application Process Referred to Sister City Commission (SSC) Councilmember Olson read from the agenda memo: Background/History: The Sister City Commission is established by the City Council and codified in ECC 10.60. It is the mission of the Edmonds Sister City Commission to promote international communication and understanding through exchanges of people, ideas, and culture. Edmonds and the city of Hekinan, Japan established a relationship on April 5, 1988. The two cities celebrated their 35th anniversary this year. The Edmonds Sister City Commission hosts three exchange programs; two are reciprocal student exchanges (students from Japan visit Edmonds, Edmonds students visit Japan) and an adult anniversary exchange, every 5 years. Recommendation: Forward to full council to approve a motion to refer this item to the Sister City Commission to establish a process for the adult anniversary exchange that will ensure ample public notification fair and equitable application process for Edmonds residents. Questions and discussion followed regarding concern this process is not codified, seeking a recommendation from the SCC regarding the process, whether expenditures related to the mayor's attendance at the anniversary exchange was a gift of public funds, personnel policies related to travel and travel reimbursement, how travel is authorized, employees not being part of previous anniversary exchanges, identifying in the code who attends anniversary exchanges, adding clarity to policies regarding adult anniversary exchange and/or travel reimbursement, codifying anniversary exchange language to ensure councilmembers and citizens are invited, ensuring robust notification and a fair application/interview process for adult exchange, separating the application process from the use of taxpayer funds for travel reimbursement, providing information to SCC to include in their analysis, determining what is a manageable size exchange group, how applicants would be assessed/prioritized, having a broader mix of people in the group, translation services, prioritizing who is selected for the exchange, and the council addressing the use of taxpayer funds for travel reimbursement. Committee recommendation: Consent agenda to refer to SCC for recommendation. 09/12/23 PSPHSP Committee Minutes, Page 6 6. Resolution for a SEIS for Hwy 99 Planned Action Ordinance 4079 Councilmember Buckshnis thanked Councilmembers Olson and Teitzel, Teresa Hollis, Natalie Seitz, Judi Gladstone, and Glen Douglas for the work they did in the last 10 days. She referred to the October 18, 2022 packet that included all the information on this topic. Mr. Taraday explained Ordinance 4077 adopted a subarea plan which are high level comprehensive plan policies and goals, Ordinance 4078 adopted zoning code/development regulations, and Ordinance 4079, the Planned Action Ordinance, essentially exempts development in the subarea that was analyzed in the EIS from SEPA. Reasonable minds can differ whether impacts were properly identified or mitigated. To the question of why it matters if a property is exempt from SEPA, he explained the City then does not have the opportunity to do additional SEPA review and impose further mitigation via SEPA conditions. Other conditions may be applied via implementation of the development code. Absent a PAO, SEPA can be used to mitigate environmental impacts on a project by project basis, however, it is unusual for small projects to have SEPA mitigation imposed because they typically don't have enough impact to justify standalone mitigation measures. In a large project, SEPA can be a powerful tool to mitigate impacts. Councilmember Buckshnis said Ordinance 4079 required review every 5 years which was done in June 2022; the council asked for a SEIS to update the PAO and $250,000 was included in the budget. She referred to a Highway 99 SEIS white paper justification (packet page 235). She proposed transferring the funds for the SEIS from planning & development to the city council so that the city council could oversee the SEIS due to staff's workload. Another option is to repeal Ordinance 4079 and require SEPA for every development. Questions and discussion followed regarding changes in the Highway 99 subarea, including all the background in the council packet, whether the ordinance would be in conflict with the council -approved scope in the VIA contract for the comprehensive plan update, concern with separating Highway 99 from the remainder of the City in the comprehensive plan update, citizens' concern with the blanket upzone, whether concerns related to the Highway 99 subarea could be incorporated in the VIA contract, impact of repealing Ordinance 4079, SEPA review to determine if there are unmitigated significant adverse environmental impacts, concern the City has not complied with the PAO, and concern the Highway 99 subarea had traditionally been underserved and was entirely zoned CG with no mitigation Committee recommendation: Discussion 3. ADJOURN The meeting was adjourned at 5:30 p.m. Nicholas Falk, Deputy City Clerk for SCOTT PASSEY, CITY CLERK