The Washington State Boundary Review Board For King County

REGULAR MEETING

January 13, 2022

Zoom Service

1. CALL TO ORDER

   Chair Hamlin convened the meeting at 7:05 P.M.

2. ROLL CALL

   The following members were present:

   • Evangeline Anderson
   • Sylvia Bushnell
   • Mary Lynne Evans
   • Chandler Felt
   • Marlin Gabbert
   • Jay Hamlin
   • Claudia Hirschey
   • Paul MacCready
   • Hank Margeson
   • Stephen Toy

   Guests:

   • Joe Tovar, FAICP;
   • Karen Meyering—King County Office of Planning, Strategy and Budget;
   • Robert Cook—Incoming Special Purpose District Member

3. MINUTES:

   Regular Meeting- December 09, 2021

   Chair Hamlin presented the minutes of the Regular Meeting of December 9, 2021 for review and action by the Board members.

   Action: Hank Margeson moved and Evangeline Anderson seconded the motion to adopt the minutes for the Regular Meeting of December 09, 2021.

   Board members voted unanimously in favor of approving this record of the Regular Meeting.

4. SPECIAL PRESENTATION
   JOE TOVAR, FAICP: THE ROAD (TO WASHINGTON’S FUTURE) GOES EVER ON

   Mary Lynne Evans introduced Joe Tovar, FAICP (American Planning Association- Washington)

   Mr. Tovar spoke about The Road Map to Washington’s Future, a multi-year, multi-party collaborative effort funded by the Legislature. His presentation and the attendant discussion are reported below. The complete The Road Map to Washington’s Future is in the record under separate cover. Selected slides are included herein.

   APA Washington has supported and been deeply involved in all three phases of The Road Map to Washington’s Future. The focus of all three phases has been to build consensus on legislation to improve and update the state’s growth policy framework of state laws, institutions, regional and local policies.

   The first phase, from 2017 to 2019 (now referred to as Road Map I), was led by the William D. Ruckelshaus Center. This phase focused upon collection of issues, ideas, questions, and recommendations of a wide array of interest groups—government agencies, organizations, business owners, and residents from communities around the State. Numerous valuable comments were offered—with many common ideas as well as suggestions reflecting that equity is linked to the characteristics of the community—that is: “one size does not fit all” communities. The information provided was identified and defined in the Road Map I Final Report as six systemic and transformational reforms to the state growth planning framework.

   The second phase, Updating Washington’s Growth Policy Framework (now referred to as Road Map II), was led by the University of Washington from June of 2020 to January of 2021. Parties involved in the processes included but were not limited to the Association of Washington Cities, the Washington Association of Counties, the Builders’ Association, Futurewise. The Road Map II Final Report reflected adaptive planning listing dozens of potential amendments to state planning laws to address reforms identified in the Road Map I Final Report. Although the parties involved in Road Map II did not reach consensus on which of the listed amendments to recommend for adoption, legislators did borrow some of the concepts and language in bills considered during the 2021 session. This included climate change, housing, equity, the plan update cycle, and tribal inclusion in regional planning.

   The 2021 Legislature funded a continuation of this effort, now referred to as the Collaborative Roadmap Phase III. This phase began in September of 2021 and will continue through June of 2023. It is being led by the Washington State Department of Commerce with the support of several consulting firms with experience in land use and facilitation. The 2021 budget proviso directed the Department: “to convene a task force to make recommendations regarding needed reforms to the state's growth policy framework, including the growth management act, state environmental policy act, and other statutes related to growth, change, economic development, housing, social equity, and environmental conservation.”

   The Commerce Department was directed to “build upon the findings, concepts, and recommendations in recent state-funded reports” including the Final Reports from Road Map I and Road Map II, as well as the Governor’s environmental justice task force report issued in 2020. The Task Force is to include all the parties involved in earlier Road Map phases, but the Legislature also said that “Special effort must be made to include in these discussions the lived experiences and perspectives of people and communities who have too often been excluded from public policy decision-making and unevenly impacted by those decisions.” The Task Force is to provide reports with recommendations to the Legislature prior to the 2022 and 2023 sessions.

   Mr. Tovar reported that he is serving as the APA Washington representative on the thirteen-member Road Map III Task Force. The Task Force met three times in 2021 and has forwarded a report to the Legislature with recommendations to provide state funding of at least $10 million annually to support local government GMA planning; reauthorize the state sales tax credit program to support city annexations; modify permit data reporting requirements; and consider a more robust role for the Department of Commerce such as technical assistance and the adoption by administrative rule of optional “safe harbor” model ordinances. The Road Map III Task Force Report and Recommendations will be posted on the Department of Commerce website early in 2022.

   Mr. Tovar has provided the Chapter’s perspective on these issues during the 2021 Task Force meetings. Guiding his remarks were the Chapter’s adopted legislative agenda and the input provided to me by members of the Chapter’s Legislative Committee during their regular meetings. He will continue to meet with the APA-WA Legislative Committee during 2022 to solicit their review and input regarding further potential legislation for the Task Force to recommend for the 2023 Legislative Session.

   ***

   Mary Lynne Evans introduced into the discussion the document entitled “History of Sales Tax Credit to Incentivize Annexation Pay-Out to Cities (2008-2020).” This document was presented to the Board in November 2021 by Karen Meyering of the King County Office of Planning, Strategy and Budget. This information—which describes funding provided to various communities under the aegis of SB 6186 (which authorized the State to provide streamed sales tax funding to communities annexing more than 10,000 people through 2015)—illustrates the ways in which such funds were distributed to various qualified cities.

   The program enabled cities to support existing levels of governance/services but was limited in duration and clearly did not support improved services to communities that would have benefitted from such enhancements. Further, the funding was limited in duration causing some communities to struggle to fund ongoing appropriate governance/services.

   This information is significant at this time as Road Map III and other entities are seeking to restore/expand this funding benefit through work with Legislature 2022. King County and APA-WA are working with the State Department of Commerce and the Legislature on this matter.

   ***

   Future reports on APA-WA activities will be provided to the Boundary Review Board by Mary Lynne Evans, Legislative Committee Chair and/or Chandler Felt (King County Board Chair).

5. APPOINTMENTS:

   Chair Hamlin welcomed Chandler Felt, as incoming Chair for 2022. Mr. Hamlin thanked the Board for the opportunity to serve as Chair for 2020-2021.

   Chair Felt expressed gratitude to Mr. Hamlin for his major contributions to the Board. The Board members and staff stated their thanks to Mr. Hamlin for his dedicated and outstanding service as Chair to this agency.

   Mr. Felt also shared his appreciation to the Board for selecting him to serve as Chair for 2022.

6. ADMINISTRATION:

   1. Chair’s Report

      General Business

      Chair Felt and Lenora Blauman reported that the Board staff is currently working on several projects including: (1) coordination with King County Executive/Council Work Program; (2) coordinating activities with the State Association; (3) pre-development review for future Notices of Intention; (4) planning of orientation programs for 2022; (5) completion of administration of the Year 2021 Budget; (6) implementation of the 2022 Budget; and (7) launching of the 2023-2024 Biennial Budget.

      Committee Assignments

      Chair Felt distributed a roster of proposed Committee assignments. He asked that members contact him to request changes in Committee membership. The Committee roster will be finalized in February.

   2. Committee Reports

      • Personnel Committee

        Sylvia Bushnell, Committee Chair, speaking on behalf of the Personnel Committee, presented two recommendations for appointments to the Board:

        • Boundary Review Board Chair Elect:

          Ms. Bushnell reported that the Committee is nominating Hank Margeson to serve as Chair-Elect for the Boundary Review Boundary Board for 2022. The Chair-Elect would then serve as Chair in 2023.

          She invited the Board to submit other candidates for consideration. No other nominations were submitted.

          Action: Sylvia Bushnell moved and Stephen Toy seconded the nomination of Hank Margeson to serve as Chair-Elect for the Boundary Review Board for 2022.

          The Board members voted unanimously to support the selection of Mr. Margeson for the position of Chair-Elect for 2022.

        • Special Purpose District (Fire District):

          Ms. Bushnell introduced Robert Cook—a retired Fire Commissioner and recent member of our Boundary Review Board—has been selected to begin his term of office immediately for an appointment continuing until February, 2025. The Board approved this appointment by consensus.

          Mr. Cook will take the position recently vacated by James Polhamus. He is looking forward to serving with the Board going forward.

      • Budget Committee

        Lenora Blauman reported that the Board is closing its 2021 Budget. All outstanding revenue and expenditures for the Board will be addressed in January 2022. Claudia Hirschey and Lenora Blauman reported that the King County Budget Office is in the process of finalizing the Boundary Review Board’s 2022 Biennial Budget.

        Under the aegis of the Board’s Budget Committee, the 2022 Budget has been revised to permit Robert Kaufman, Legal Counsel to the Board an increase to his annual retainer from $25,000 to $30,000. This is the first retainer increase for Mr. Kaufman since 2017.

        Funds for this increased retainer were provided through transfers from other existing 2021-2022 budget lines with surplus funding (e.g., travel, postage) resulting from the savings realized from on-line meetings (and e-mail communications) rather than on-site meetings and hard mailings.

      • Legislative Committee: King County Board/Washington State Association of Boundary Review Boards; American Planning Association—Washington Chapter (APA-WA)

   Mary Lynne Evans, Co-Chair of the King County Board’s Legislative Committee and Co- Chair of the WSABRB Legislative Committee provided a report to the Board. Legislature 2022 began on January 10, 2022. Key dates include:

   • February 3rd—Last Day for policy committees to pass bills.
   • February 7th—Last day for fiscal committees to pass bills.
   • February 15th—Last day to pass bills from chamber of origin (Senate bills from Senate; House bills from House).
   • February 24th—Last day for policy committees to consider bills from opposite chamber.
   • February 28th—Last day for fiscal committees to consider bills from opposite chamber.
   • March 4th—Last day to consider bills from opposite chamber.
   • March 10th—Last day of regular session.

   ***

   Ms. Evans reported that the King County and the WSABRB Legislative Committees will endeavor to develop an agenda and a work program that directs attention to relevant new and continuing proposed bills for Legislature 2022. WSABRB will also work with King County to identify and address bills that would affect (promote or remove) the authorities and responsibilities of Boundary Review Boards. We will also be working with APA-WA which will specifically, monitor, write, testify, and keep in touch with legislators concerning bills of interest to government agencies and organizations.

   ***

   Ms. Evans reported that with the January 10 opening of Legislature 2022, a large number (approximately 500) of dropped bills has been published and a substantial number of hearings will take place immediately upon opening of the Legislature.

   HB 1627, proposing utility service extension into rural areas is of interest to the King County Board, WSABRB, Association of Washington Cities, and APA-WA based upon the intended elimination of opportunities for public review of such actions (including elimination of consideration by boundary review boards for these specific actions). WSABRB and APA-WA coordinated to bring a statement/testimony opposing the bill to the Legislature at a first Hearing before the House Local Government Committee on January 11. Following the initial hearing, HB 1627 has moved forward to continuing review by the Legislature.

   ***

   SB 5593 has been proposed by Senator Shelley Short. In brief, this bill intends to permit communities to revise—at a net zero rate—boundaries of Urban Growth Areas (UGAs). This authority would enable communities to manage growth by permitting/requiring development in particular areas and prohibiting development in other areas within the UGA.

   APA-WA, WSABRB and several other agencies will oppose this bill based upon concerns that granting this authority is considered to be an open door for communities to violate the spirit and perhaps the letter of the Growth Management Act. Examples of particular concerns are: equitable land uses/development; infrastructure; transportation, and climate changes.

   ***

   The APA-WA Committee strongly supports an upcoming rule making effort led by the Department of Commerce as necessary to address the more technically complex issue areas. Such an effort could bring together the data, academic research, and interested parties necessary to craft meaningful and effective solutions, including:

   1. Housing affordability

   2. Urban densities and housing types

   3. Tribal planning and coordination

   4. Critical areas and environmental protection

   5. Equity and inclusive participation

   6. Regional and statewide coordination

   7. Annexation.

      Annexation issues must be addressed in a comprehensive fashion. The Growth Management Act (GMA) clearly envisions cities as the vehicle for managing urbanization, yet the state’s existing annexation laws impose significant barriers to annexing land within urban growth areas. At the same time, annexation has provided an opportunity for cities and counties to circumvent GMA planning laws by annexing land immediately after it is added to an urban growth area, but prior to the resolution of appeal periods. There are also significant fiscal and service delivery issues for counties, cities and special districts inherent in annexations that are often not effectively addressed through the annexation processes currently available. Annexation issues should be comprehensively addressed in any major overhaul of the GMA.

   ***

   Ms. Evans reported that the team will be working via the Association’s Legislative Committee to set meetings with State Representatives and Senators during Legislature 2022—if necessary and appropriate. Such meetings will likely need to occur remotely as the Legislature will primarily be working in this manner in 2022.

   ***

   Future reports on APA-WA activities will be provided to the Boundary Review Board by Mary Lynne Evans, Legislative Committee Chair and/or Chandler Felt (King County Board Chair).

   3. Executive Secretary’s Report

   • KING COUNTY REGIONAL POLICY COMMITTEE

     Ms. Blauman reported that the King County Council Regional Policy Committee has established the legislative/funding/services priorities below for 2022:

     • Solid Waste Management
     • Veterans Services; Human Services
     • Homelessness and Housing
     • Mental Illness and Drug Dependency
     • Regional Transportation
     • Affordable Housing
     • Best Start for Kids
     • Cultural Resources

     Board staff will follow the work of the Committee and provide reports—and/or information on opportunities for interaction—relating to this work program.

   • MEETING SCHEDULE

     Ms. Blauman provided a proposed Meeting Schedule for the Board for 2022. The present plan is to continue to meet remotely on the second Thursday of each month at 7:05 p.m. via “Zoom.” Adjustments may occur over time.

   • ORIENTATION PROGRAMS

     Ms. Blauman is continuing planning for a new cycle of orientation programs in 2021. Suggestions include the following topics/agencies:

     • King County Local Services Division

     • Puget Sound Regional Council – Vision 2050

     • Municipal Research Services Center

     • APA-WA Legislative Team

   1. Correspondence:

      General Correspondence

      Chair Felt reported that no general correspondence was submitted this month.

7. NEW BUSINESS:

   1. New Files

      The Board has also received two preliminary files for initial consideration in advance of the proponents submitting completed Notices of Intention. Complete files are anticipated in the first quarter of 2022.

   2. Future New Files

      The Board has been advised by King County of several potential proposed future Notices of Intention:

      • Auburn (2 files)
      • Black Diamond (2 files)
      • Carnation (1 file)
      • Enumclaw (8 files)
      • Issaquah (2 files)
      • Maple Valley (3 files)
      • North Bend (4 files)
      • Renton (6 files)
      • Seattle (4 files)
      • Tukwila (2 files)
      • Water District No. 90 (1 file)
      • Covington Water District (2 files)
      • Bellevue (4 files)
      • Bothell (1 file)
      • Duvall (5 files)
      • Federal Way (3 files)
      • Kent (5 files)
      • Milton (1 file)
      • Redmond (4 files)
      • Sammamish (2 files)
      • Snoqualmie (4 files)
      • Vashon Sewer District (1 file)
      • Woodinville (1 file)

      Note: There are 13 unincorporated urban areas in King County that are not assigned to a Potential Annexation Area.

8. ADJOURNMENT

   Chair Felt adjourned the Regular Meeting at 8:52 P.M.