Resolution 1587RESOLUTION NO. 1587
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING FINDINGS OF FACT TO SUPPORT THE ADOPTION OF
ORDINANCE 4430, WHICH IMPOSED A MORATORIUM ON THE ACCEPTANCE OF
CERTAIN APPLICATIONS IN THE DEER CREEK CARA.
WHEREAS, the city council on February 10, 2026 imposed a moratorium on certain applications
in the Deer Creek CARA through the adoption of Ordinance 4430 pursuant to authority granted
by RCW 36.70A.390; and
WHEREAS, RCW 36.70A.390 requires cities that adopt a moratorium without holding first a
public hearing to hold a public hearing within sixty days of adoption; and
WHEREAS, RCW 36.70A.390 goes on to state: "If the governing body does not adopt findings of
fact justifying its action before this hearing, then the governing body shall do so immediately
after this public hearing;" and
WHEREAS, Washington courts "have had occasion to construe the meaning of the word
'immediately' in various kinds of written instruments, including insurance policies, and have
held that it does not necessarily mean 'upon the instant,' 'forthwith,' or 'without any
intervening lapse of time/ but that there is a certain latitude to be given the significance of the
word, and that it may mean 'proximately,' 'directly,' 'close to/ 'within a reasonable time."'
Foley v. New World Life Ins. Co., 185 Wash. 89, 94, 52 P.2d 1264, 1266 (1936); and
WHEREAS, Section 4 of Ordinance 4430 states that "[n]o later than the next regular city council
meeting immediately following the hearing, the city council shall adopt findings of fact on the
subject of this moratorium and either justify its continued imposition or cancel the
moratorium;" and
WHEREAS, the statute, by allowing the adoption of findings to be deferred until after the public
hearing, appears to contemplate that the findings would actually take that public testimony
into account; and
WHEREAS, any findings drafted prior to the public hearing would necessarily not be able to
reflect public testimony that is offered after that drafting; and
WHEREAS, the city council believes that it is more respectful of the public's testimony and more
in keeping with the purpose of the statute to have findings drafted after the public hearing; and
Resolution 1587
WHEREAS, the city council held a public hearing on Ordinance 4430 on March 3, 2026 to
determine whether the moratorium adopted by that ordinance was justified and should
continue or be allowed to expire; and
WHEREAS, no one spoke at the above -referenced public hearing; and
WHEREAS, staff is recommending the continued imposition of the moratorium, particularly in
light of the fact that no one spoke against it during the public hearing; and
WHEREAS, on March 3, 2026, the city executed a professional services agreement with EA
ENGINEERING, SCIENCE, AND TECHNOLOGY, INC., PBC to procure a study related to PFAS in the
Deer Creek CARA; and
WHEREAS, it is anticipated that the study will be completed during the term of the
moratorium;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EDMONDS, WASHINGTON AS FOLLOWS:
Section 1. ADOPTION OF FINDINGS. The city council hereby adopts as its findings of fact to
support the adoption of Ordinance 4430 the Whereas clauses contained in this Resolution and
also in Ordinance 4430.
RESOLVED this 10th day of March, 2026.
CITY OF EDMON
MAYOR, MIKE ROSEN
ATTEST:
CITY CLERK, LUKE LONIE
FILED WITH THE CITY CLERK: MARCH 3R1, 2026
PASSED BY THE CITY COUNCIL: MARCH 11T", 2026
RESOLUTION NO. 1587
Resolution 1587