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Ordinance 4274ORDINANCE NO. 4274 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 10.90 OF THE EDMONDS CITY CODE RELATING TO THE HISTORIC PRESERVATION COMMISSION. WHEREAS, the Historic Preservation Commission (HPC) had seven voting members in 2002 when the HPC was formed; and WHEREAS, in 2007, the code was updated to allow nine voting members; and WHEREAS, in 2012, the number of voting members was increased to twelve; and WHEREAS, the HPC has not had twelve members in several years and is currently facing challenges of having enough members present to satisfy the quorum requirement; and WHEREAS, the HPC has had to cancel meetings due to its lack of quorum; and WHEREAS, the HPC had six members up until a couple of months ago when two members joined, bringing the membership to eight; and WHEREAS, the city council wants to allow all eight members to continue to vote until such time that the size of the body is reduced to seven through vacancy or end of term; and WHEREAS, a revision to chapter 10.90 ECC to reduce the number of voting members from twelve to seven would ameliorate the quorum problem and make the HPC more consistent with other boards and commissions; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 10.90 of the Edmonds City Code, entitled "Edmonds Historic Preservation Commission," is hereby amended to read as set forth in Exhibit A, which is attached hereto and incorporated herein by this reference as if set forth in full (new text is shown in underline; deleted text is shown in stri'•e Section 2. Severabilit. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective Date. This ordinance is subject to referendum and shall take effect thirty (30) days after final passage of this ordinance. APPROVED: .0( )"X�j MAYO IKE NELSON ATTEST/AUTHENTICATED: C CLERK, SCOTT SEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADAY FILED WITH THE CITY CLERK: September 2, 2022 PASSED BY THE CITY COUNCIL: September 6, 2022 PUBLISHED: September 9, 2022 EFFECTIVE DATE: October 9, 2022 ORDINANCE NO. 4274 2 SUMMARY OF ORDINANCE NO.4274 of the City of Edmonds, Washington On the 6' day of September, 2022, the City Council of the City of Edmonds, passed Ordinance No. 4274. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 10.90 OF THE EDMONDS CITY CODE RELATING TO THE HISTORIC PRESERVATION COMMISSION. The full text of this Ordinance will be mailed upon request. DATED this 6ch day of September, 2022. CITY CLERK, SCOTT SSEY Exhibit A Chapter 10.90 EDMONDS HISTORIC PRESERVATION COMMISSION Sections: 10.90.010 Creation and size. 10.90.020 Composition of the commission. 10.90.030 Terms. 10.90.040 Powers and duties. 10.90.050 Rules and officers. 10.90.060 Commission staff. 10.90.010 Creation and size. There is hereby established an Edmonds historic preservation commission, eansisting of 12 votitig iiiembers,provided in ECC ; n °0 P_Q. Members of the Edmonds historic preservation commission shall be appointed by the mayor and approved by the city council. All appointments shall be residents of Edmonds, except as expressly provided in ECC 10.90.020(B). [Ord. 3870 § 1, 2012; Ord. 3669 § 1, 2007; Ord. 3392 § 1, 2002]. 10.90.020 Composition of the commission. A. All members of the commission must have a demonstrated interest or competence in historic preservation and possess qualities of impartiality and broad judgment. B. The commission shall consist of 4-2-7 voting members and one nonvoting, ex officio position to be filled by Edmonds city council members. PROVIDED THAT if the commission has more than 7 voting members at the time this code is adopted. all members shall remain frill voting members until the size of the commission can be reduced to 7 through term expiration or other occurrence of vacancy. The commission shall include at least two professionals who have experience in identifying, evaluating, and protecting historic resources and are selected from among the disciplines of history, architecture, architectural history, historic preservation, planning, cultural anthropology, archaeology, cultural geography, American studies, law, and/or real estate. Four -positions shall be filled by citizens of Edmonds with demonstrated interest in historic preservation. One position shall be filled as recommended by the Edmonds South Snohomish County Historical Society. A commission action that would otherwise be valid shall not be rendered invalid by the temporary vacancy of one or all of the professional positions, unless the commission action is related to meeting certified local government (CLG) responsibilities cited in the certification agreement between the mayor and the historic preservation officer. Furthermore, in special circumstances, exceptions to the residence requirement of commission members may be granted by the mayor and the city council in order to obtain representatives from those disciplines. [Ord. 3870 § 2, 2012; Ord. 3813 § 1, 2010; Ord. 3669 § 2, 2007; Ord. 3526 § 1, 2004; Ord. 3392 § 1, 2002]. 10.90.030 Terms. The original appointment of members to the commission shall be as follows: three for two years, two for three years, and two for four years. Thereafter, appointments shall be made for a three-year term. Vacancies shall be filled by the mayor for the unexpired term in the same manner as the original appointment. [Ord. 3392 § 1, 2002]. 10.90.040 Powers and duties. 4 The major responsibility of the historic preservation commission is to identify and actively encourage the conservation of the city's historic resources by initiating and maintaining a register of historic places and reviewing proposed changes to register properties; to raise community awareness of the city's history and historic resources; and to serve as the city's primary resource in matters of historic planning and preservation. In carrying out these responsibilities, the historic preservation commission shall engage in the following: A. Conduct and maintain a comprehensive inventory of historic resources within the boundaries of the city and known as the Edmonds historic inventory; publicize and periodically update inventory results. Properties listed on the inventory shall be recorded on official zoning records with a "HI" (for historic inventory designation). This designation shall not change or modify the underlying zone classification. B. Initiate and maintain the Edmonds register of historic places. This official register shall be compiled of buildings, structures, sites, objects and districts identified by the commission as having historic significance worthy of recognition and protection by the city and encouragement of efforts by owners to maintain, rehabilitate and preserve properties. C. Review nominations to the Edmonds register of historic places according to criteria in ECDC 20.45.010 and adopt standards in its rules to be used to guide this review and the issuance of a certificate of appropriateness or waiver. D. Review proposals to construct, change, alter, modify, remodel, move, demolish or significantly affect properties or districts on the register as provided in Chapter 20.45ECDC and adopt standards in its rules to be used to guide this review and the issuance of a certificate of appropriateness or waiver. E. Provide for the review either by the commission or its staff of all applications for approvals, permits, environmental assessments or impact statements, and other similar documents pertaining to identified historic resources or adjacent properties. F. Conduct all commission meetings in compliance with Chapter 42.30 RCW, Open Public Meetings Act, to provide for adequate public participation and adopt standards in its rules to guide this action. G. Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic and prehistoric resources. H. Establish liaison support, communication and cooperation with federal, state and other local government entities which will further historic preservation objectives, including public education, within the city. I. Review and comment to the city council on land use, housing and redevelopment, municipal improvement and other types of planning and programs undertaken by any agency of the city, other neighboring communities, Snohomish County, the state or federal governments, as they relate to historic resources of the city. J. Advise the city council and chief local elected official generally on matters of historic planning and preservation. K. Perform other related functions assigned to the commission by the city council or chief local elected official. L. Provide information to the public on methods of maintaining and rehabilitating historic properties. This may take the form of pamphlets, newsletters, workshops or similar activities. M. Officially recognize excellence in the rehabilitation of historic buildings, structures, sites and districts, and new construction in historic areas; and encourage appropriate measures for such recognition. N. Be informed about and provide information to the public and city departments on incentives for preservation of historic resources including legislation, regulations and codes which encourage the use of adaptive reuse of historic properties. O. Review nominations to the State and National Registers of Historic Places. P. Investigate and report to the city council on the use of various federal, state, local or private funding sources available to promote historic resource preservation in the city. Q. Serve as the local review board for special valuation and: 1. Make determinations concerning the eligibility of historic properties for special valuation; 2. Verify that the improvements are consistent with the Washington State Advisory Council's standards for rehabilitation and maintenance; 3. Enter into agreements with property owners for the duration of the special valuation period as required under WAC 254-20-070(2); 4. Approve or deny applications for special valuation; 5. Monitor the property for continued compliance with the agreement and statutory eligibility requirements during the 10-year special valuation period; and 6. Adopt bylaws and/or administrative rules and comply with all other local review board responsibilities identified in Chapter 84.26 RCW. R. The commission shall adopt rules of procedure to address subsections (C), (D), (F), (0) and (Q) of this section. [Ord. 3951 § 1, 2013; Ord. 3392 § 1, 2002]. 10.90.050 Rules and officers. The commission shall establish and adopt its own rules of procedure, and shall select from among its membership a chairperson and such other officers as may be necessary to conduct the commission's business. [Ord. 3392 § 1, 2002]. 10.90.060 Commission staff. Commission and professional staff assistance shall be designated by the mayor with additional assistance and information to be provided by other city departments as may be necessary to aid the commission in carrying out its duties and responsibilities under this chapter. [Ord. 3392 § 1, 2002]. 0 Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Michael Gates being first duly swom, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDH962573 ORDINANCE NO. 4274 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 09/09/2022 and ending on 09/09/2022 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount c the fee for s h pub] ication i $22.36. Subscribed and sworn beto me on this Gv day of No Public in and for the State of Washington. City oMdmonde -LEGAL ADS 114101416 E da Phillips tary Public of 1'Jsshington enl Expires E/29I2025 n Number 4g17 . Classified Proof ORDINAtdCE SIJIAMARY or the City of Edmon[is, Washington On the 6lh day of September, 2082, the City Council of the City of Edmonds, passed the 10110W]", Ordlndncd. the summary of said ordinance conslslinS or 111fe Is pmvlddd as Wows! AN ORDIt}ANC�Ty ORDINANCE NO a29a OF EDMONDS, EaMONDS OCITYA CEO EI RELATING CHAPTER O THE HISTORIC PRESERVATION COMMISSION. DATED this 61h Day of September,022. CITY CLERK, SCOTT PASSEY Published: September 9, 2022. EDH962673 Proofed by Phillips, Linda, 09/09/2022 01:17:17 pm Page: 2