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HomeMy WebLinkAboutOrdinance 4444 ORDINANCE NO. 4444 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 4424 TO CORRECT AND CLARIFY LEGISLATIVE RECITALS RELATING TO THE CITY’S PERIODIC UPDATE OF ITS CRITICAL AREAS ORDINANCE. WHEREAS, RCW 36.70A.130 requires the City to periodically review and, if needed, revise its critical areas ordinance; and WHEREAS, on January 6, 2026, the City Council considered Ordinance No. 4424 as part of the City’s periodic update to its critical areas regulations; and WHEREAS, the council packet for the January 6, 2026 meeting included multiple policy options for addressing critical aquifer recharge area (“CARA”) regulations while the Deer Creek PFAS study was ongoing, including an option to adopt the critical areas ordinance while deferring consideration of CARA regulations until completion of the study; and WHEREAS, the City Council held a public hearing on January 6, 2026, at which members of the public commented on the critical areas ordinance, the Deer Creek aquifer, the City’s CARA regulations, and the use of underground injection control wells (“UICs”) in the Deer Creek CARA; and WHEREAS, after the public hearing, a motion to adopt the proposed critical areas ordinance and defer consideration of CARA regulations until completion of the PFAS study failed; and WHEREAS, the City Council then moved to adopt Option 2 of the critical areas ordinance with the amended CARA section, and the City Council amended that motion by r eplacing the word “again” with the phrase “if necessary”; and WHEREAS, the main motion to adopt Option 2 as amended passed, and Ordinance No. 4424 was thereafter enacted to include amended CARA regulations rather than to defer consideration of CARA regulations; and WHEREAS, two recitals prepared for a pre-amendment version of Ordinance No. 4424 were not amended as part of the Option 2 motion and were consequently carried forward into the final ordinance even though those recitals described an approach the City Council did not ultimately adopt; and WHEREAS, the City Council desires to correct the explanatory recitals in Ordinance No. 4424 so that the legislative record accurately reflects the ordinance as amended and adopted, without altering the substantive provisions, codified regulations, effective date, or legal effect of Ordinance No. 4424; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Correction of Recitals in Ordinance No. 4424. Ordinance No. 4424 is hereby amended to delete the following two recitals: WHEREAS, the draft CARA regulations that were before the city council for the November 25, 2025 public hearing was prepared with heavy input from a group of interested citizens known as the Edmonds Environmental Council and does not necessarily reflect best available science; and WHEREAS, the November 2025 draft CARA regulations would have necessitated such a significant deviation from the current CARA regulations, the current stormwater regulations, and the city’s obligations under its stormwater permit that the city council believes it most appropriate to leave the current CARA regulations (chapter 23.60 ECDC) in place over the next several months until the results of the PFAS study are before the city council; Those deleted recitals are hereby replaced with the following recitals: WHEREAS, the City Council received and considered staff analysis, Planning Board materials, public testimony, written public comments, and input from interested community members and public agencies regarding the City’s critical areas regulations, including the City’s CARA regulations; and WHEREAS, after considering the alternatives presented in the council packet, the public testimony, written public comments, and the City Council’s deliberation, the City Council finds the most preferable option at this time to be Option 2 as amended, including amended CARA regulations and the City Council’s direction that future updates be considered “if necessary” following completion of the PFAS study; and WHEREAS, the City Council intends these recitals to reflect the ordinance as amended and adopted, including the adoption of amended CARA regulations rather than the deferral of CARA regulations; Section 2. No Substantive Change to Ordinance No. 4424. This ordinance is intended solely to correct explanatory recitals in Ordinance No. 4424 so that those recitals conform to the ordinance as amended and adopted by the City Council on January 6, 2026. This ordinance does not amend, repeal, suspend, reenact, or otherwise alter the substantive provisions, codified regulations, effective date, or legal effect of Ordinance No. 4424. Without limiting the foregoing, this ordinance does not reopen or extend the effective date of Ordinance No. 4424, and does not impair any action taken under Ordinance No. 4424. Section 3. Severability. 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 4. Effective Date. This ordinance, being an administrative function of the city council, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR, MIKE ROSEN ATTEST/AUTHENTICATE: CITY CLERK, LUKE LONIE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADAY Jeff Taraday (Aug 4, 2026 09:53:01 PDT) Jeff Taraday JefT ardTy (Aug 4, 2026 90:22:24 531 P FILED WITH THE CITY CLERK: JULY 21, 2026 PASSED BY THE CITY COUNCIL: AUGUST 3, 2026 PUBLISHED: AUGUST 7, 2026 EFFECTIVE DATE: AUGUST 12, 2026 ORDINANCE NO: 4444 SUMMARY OF ORDINANCE NO. 4444 of the City of Edmonds, Washington On the 3rd day of August, 2026, the City Council of the City of Edmonds, passed Ordinance No. 4444. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 4424 TO CORRECT AND CLARIFY LEGISLATIVE RECITALS RELATING TO THE CITY’S PERIODIC UPDATE OF ITS CRITICAL AREAS ORDINANCE. The full text of this Ordinance will be mailed upon request. DATED this 4th day of August, 2026. CITY CLERK, LUKE LONIE Ordinance 4444 Final Audit Report 2026-08-04 Created:2026-08-04 By:Luke Lonie (Luke.Lonie@EdmondsWa.Gov) Status:Signed Transaction ID:CBJCHBCAABAAW0kGGCmPfN4-si7C2FZFs8gouCAkw8ll "Ordinance 4444" History Document created by Luke Lonie (Luke.Lonie@EdmondsWa.Gov) 2026-08-04 - 2:34:10 AM GMT Document emailed to Jeff Taraday (jeff@lighthouselawgroup.com) for signature 2026-08-04 - 2:34:15 AM GMT Email viewed by Jeff Taraday (jeff@lighthouselawgroup.com) 2026-08-04 - 4:51:31 PM GMT Document e-signed by Jeff Taraday (jeff@lighthouselawgroup.com) Signature Date: 2026-08-04 - 4:53:01 PM GMT - Time Source: server - Signature Appearance Selected: TYPE Document emailed to Mike Rosen (Mike.Rosen@EdmondsWa.Gov) for signature 2026-08-04 - 4:53:03 PM GMT Email viewed by Mike Rosen (Mike.Rosen@EdmondsWa.Gov) 2026-08-04 - 5:22:11 PM GMT Document e-signed by Mike Rosen (Mike.Rosen@EdmondsWa.Gov) Signature Date: 2026-08-04 - 5:22:24 PM GMT - Time Source: server - Signature Appearance Selected: DRAW Document emailed to Luke Lonie (Luke.Lonie@EdmondsWa.Gov) for signature 2026-08-04 - 5:22:25 PM GMT Email viewed by Luke Lonie (Luke.Lonie@EdmondsWa.Gov) 2026-08-04 - 5:26:28 PM GMT Document e-signed by Luke Lonie (Luke.Lonie@EdmondsWa.Gov) Signature Date: 2026-08-04 - 5:26:44 PM GMT - Time Source: server - Signature Appearance Selected: IMAGE Agreement completed. 2026-08-04 - 5:26:44 PM GMT