HomeMy WebLinkAbout2026-08-18 Special Packet
Edmonds City Council Agenda
August 18, 2026
Posted: 8/14/2026 1:05 PM Page 1
Agenda
Edmonds City Council
Special Meeting
CITY COUNCIL CONFERENCE ROOM
121 - 5TH AVENUE N, EDMONDS, WA 98020
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AUGUST 18, 2026, 11:00 AM
STAFF AND COUNCILMEMBERS ATTEND COMMITTEE MEETINGS VIRTUALLY, AND MEMBERS OF THE
PUBLIC ARE ENCOURAGED TO ATTEND THE SAME WAY.
IF MEMBERS OF THE PUBLIC CANNOT ACCESS THE VIRTUAL COMMITTEE MEETINGS WITH THEIR
PERSONAL DEVICES, A MONITOR IS PROVIDED AT THE CITY COUNCIL CONFERENCE ROOM AT 121
5TH AVE N, EDMONDS WA.
1. CALL TO ORDER
2. AUDIENCE COMMENTS
This is an opportunity to comment regarding any matter not listed on the agenda
as closed record review or as a public hearing. Speakers are limited to three minutes.
Please state clearly your name and city of residence. If attending via Zoom, raise a
virtual hand to be recognized. If using a phone to dial in, press *9 to raise a hand.
When prompted, press *6 to unmute.
3. PUBLIC HEARING
1. Public hearing on extending the moratorium established by Ordinance 4430 on the
acceptance of any permit applications which would require stormwater
management within the Deer Creek critical aquifer recharge area for an additional
six months. Fifth Reading and Beyond – Planning and Development Services (15
minutes)
4. COUNCIL BUSINESS
1. Ordinance extending the moratorium established by Ordinance 4430 on the
acceptance of any permit applications which would require stormwater
management within the Deer Creek critical aquifer recharge area for an additional
six months. Fifth Reading and Beyond – Planning and Development Services (10
minutes)
2. Resolution of Intent to Annex Esperance Annexation Area 1 Fourth Reading –
Planning and Development Services (15 minutes)
3. Edmonds Automated Traffic Safety Program and Ordinance Amending Chapter
Edmonds City Council Agenda
August 18, 2026
Posted: 8/14/2026 1:05 PM Page 2
8.10 ECC Second Reading – Mayor's Office (20 minutes)
ADJOURNMENT
For disability accommodations, materials in alternate formats, accessibility information, or language interpretation/ translation needs, please
contact the City Clerk at 425-775-2525 at your earliest opportunity. Providing at least 72-hour notice will help ensure availability.
City Council Agenda Item .
August 18, 2026 - Special Meeting
TITLE:Public hearing on extending the moratorium established by
Ordinance 4430 on the acceptance of any permit applications
which would require stormwater management within the Deer
Creek critical aquifer recharge area for an additional six months.
(Fifth Reading and Beyond)
DEPARTMENT:Planning and Development Services
PRESENTER:Mike Clugston
NEEDED FROM COUNCIL:Action
RECOMMENDATION:Take public testimony. After the public hearing is complete, use
the related agenda item in the packet to adopt the ordinance
extending the moratorium established by Ordinance 4430 on the
acceptance of any permit applications which would require
stormwater management within the Deer Creek critical aquifer
recharge area for an additional six months.
BUDGET:
Total Dollar Amount:0 Approved in Budget
Fund(s):0 Budget Reallocation Required
No Budget Impact
PROBLEM/ISSUE STATEMENT:
The purpose of extending the moratorium imposed by Ordinance No. 4430 for an additional six
months is to allow the City sufficient time to receive the final PFAS study relating to the Deer
Creek CARA, to present the study to the City Council for review, to evaluate other feasible
means of managing stormwater, and, if appropriate, to draft and consider changes to the Deer
Creek CARA and/or stormwater regulations in response to the findings of that study.
CONTEXT, ANALYSIS, & ALTERNATIVES:
CONTEXT
Effective February 18, 2026, the moratorium in Ordinance 4430 suspended acceptance of
permit applications that would trigger stormwater management requirements within the Deer
Creek CARA. The six-month pause was intended to provide time to:
• Complete the Deer Creek PFAS study;
• Evaluate whether feasible stormwater management alternatives exist for this area;
• Consider potential amendments to CARA and/or stormwater regulations informed by
completed scientific analysis; and
• Avoid the futile processing of application.
ANALYSIS
On March 3, 2026, the city executed a professional services agreement with EA ENGINEERING,
SCIENCE, AND TECHNOLOGY, INC., to obtain a study related to PFAS in the Deer Creek CARA.
Unfortunately, the study has taken longer to complete than anticipated at the time Ordinance
No. 4430 was adopted. The study is now expected to be ready for City Council review in
September 2026.
ALTERNATIVES
Alternative 1 – Extend the Moratorium (Proposed Action)
• Pros: Provides continued regulatory clarity while the PFAS study is completed; prevents
owners from paying permit fees when there is no feasible approval pathway; allows future
decisions to be informed by completed scientific study; consistent with precautionary approach
that motivated the adoption of the CARA regulations, while avoiding premature permanent
regulation.
• Cons: Moratoria can be controversial and carry inherent, albeit modest, legal and policy risks.
Alternative 2 – Allow the Moratorium to expire
• Pros: Avoids controversy and other modest risks associated with moratoria.
• Cons: Leaves applicants and staff without a clear approval pathway for projects triggering
stormwater requirements, while still incurring permit fee costs; increases legal and procedural
risk associated with permit denial; wastes staff time processing futile applications.
RECOMMENDATION:
Take public testimony. After the public hearing is complete, use the related agenda item in the
packet to adopt the ordinance extending the moratorium established by Ordinance 4430 on the
acceptance of any permit applications which would require stormwater management within
the Deer Creek critical aquifer recharge area for an additional six months.
BUDGET IMPACTS:
No immediate budget reallocation is required. However, extension of the moratorium will
result in some additional temporary loss of revenue associated with development activity
within the Deer Creek CARA, including permit fees, plan review fees, impact fees, and other
development-related charges that would otherwise be collected during the moratorium period.
That said, the adoption of the Critical Areas Ordinance with the CARA amendments has affected
the feasibility of development proposals within the Deer Creek CARA. As a result, revenue
impacts related to project infeasibility would occur regardless of whether a moratorium is
adopted.
In this context, the moratorium serves to clarify for applicants, the public, and staff the practical
effect of the adopted CARA amendments while the PFAS study is underway. In addition, a
moratorium improves administrative efficiency because it reduces time spent processing futile
Item 3.1
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Item 3.1
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applications.
Staff have had conversations with applicants that have wanted to do projects in Deer Creek that
would have required stormwater infiltration but who were not able to proceed due to the
moratorium. It is likely that there are others who considered projects but who did not consult
with staff and put their ideas on hold while the moratorium was in effect. The total number of
these projects is unknown but it is clear that there is demand for projects in Deer Creek that
would use infiltration for stormwater treatment.
ITEM HISTORY:
A moratorium was first discussed on February 2, 2026. Ordinance 4430 was adopted on
February 10, 2026. A public hearing on the interim ordinance was held on March 3, 2026.
Findings on continuing the moratorium were issued on March 10, 2026.
ADDITIONAL INFORMATION:
On January 6, 2026, the Edmonds City Council adopted the periodic update to the City's critical
area ordinance (CAO). On February 10, 2026, City Council adopted Ordinance 4430, which
established a six-month moratorium on the acceptance of permit applications that would
trigger stormwater management requirements within the Deer Creek Critical Aquifer Recharge
Area (CARA). After the required public hearing on March 3, 2026, during which no public
comments were received, Council adopted findings of fact to retain the ordinance in Resolution
1587 on March 10, 2026.
ATTACHMENTS:
None
Item 3.1
Packet pg. 5/47
Item 3.1
Packet pg. 5/47
City Council Agenda Item 4.1
August 18, 2026 - Special Meeting
TITLE:Ordinance extending the moratorium established by Ordinance
4430 on the acceptance of any permit applications which would
require stormwater management within the Deer Creek critical
aquifer recharge area for an additional six months. (Fifth Reading
and Beyond)
DEPARTMENT:Planning and Development Services
PRESENTER:Mike Clugston
NEEDED FROM COUNCIL:Action
RECOMMENDATION:Move to adopt the attached ordinance extending the
moratorium established by Ordinance 4430 on the acceptance of
any permit applications which would require stormwater
management within the Deer Creek critical aquifer recharge area
for an additional six months.
BUDGET:
Total Dollar Amount:0 ☐ Approved in Budget
Fund(s):0 ☐ Budget Reallocation Required
☒ No Budget Impact
PROBLEM/ISSUE STATEMENT:
The purpose of this ordinance is to extend the moratorium imposed by Ordinance No. 4430 for
an additional six months in order to allow the City adequate time to complete the PFAS study
relating to the Deer Creek CARA, to present the study to the City Council for review, to evaluate
other feasible means of managing stormwater, and, if appropriate, to draft and consider
changes to the Deer Creek CARA and/or stormwater regulations in response to the findings of
that study.
CONTEXT, ANALYSIS, & ALTERNATIVES:
N/A
RECOMMENDATION:
Move to adopt the attached ordinance extending the moratorium established by Ordinance
4430 on the acceptance of any permit applications which would require stormwater
management within the Deer Creek critical aquifer recharge area for an additional six months.
BUDGET IMPACTS:
N/A
ITEM HISTORY:
Item 4.1
Packet pg. 6/47
Item 4.1
Packet pg. 6/47
A public hearing on this topic was held on August 18, 2026.
ADDITIONAL INFORMATION:
N/A
ATTACHMENTS:
Draft Ordinance
Item 4.1
Packet pg. 7/47
Item 4.1
Packet pg. 7/47
CITY OF EDMONDS, WASHINGTON
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, EXTENDING
AND/OR RENEWING THE MORATORIUM ESTABLISHED BY ORDINANCE NO.
4430 ON THE ACCEPTANCE OF ANY PERMIT APPLICATIONS WHICH WOULD
REQUIRE STORMWATER MANAGEMENT WITHIN THE DEER CREEK CRITICAL
AQUIFER RECHARGE AREA FOR AN ADDITIONAL SIX MONTHS.
WHEREAS, on January 6, 2026, the Edmonds City Council adopted the periodic update
to the City's critical area ordinance (CAO); and
WHEREAS, the CAO included new regulations for the Deer Creek critical aquifer
recharge area (CARA), which read as follows: “The use of stormwater infiltration best
management practices (BMPs), including those that qualify as a Class V underground injection
control well (UIC), are prohibited for all land uses within all wellhead protection areas (WHPAs)
associated with Olympic View Water and Sewer District's (OVWSD) 228th Street Wellhead and
the Deer Creek Springs Wellhead area, including their buffers.”; and
WHEREAS, the effect of this language is to prohibit all forms of infiltration in the Deer
Creek CARA; and
WHEREAS, infiltration is presently the only feasible means of managing stormwater
within the Deer Creek CARA; and
WHEREAS, on February 10, 2026, the Edmonds City Council adopted Ordinance No.
4430, imposing a six-month moratorium on the acceptance of applications for any permit or
authorization to alter land, water, vegetation, or to construct or modify any structure or
improvement, and which would trigger stormwater management requirements within the Deer
Creek CARA and its buffer; and
WHEREAS, Ordinance No. 4430 took effect on February 18, 2026, and, absent
extension, the moratorium imposed thereby will expire on August 18, 2026; and
WHEREAS, the purpose of the moratorium imposed by Ordinance No. 4430 was to allow
the City adequate time to complete a PFAS study relating to the Deer Creek CARA, evaluate
other feasible means of managing stormwater, and, if appropriate, to draft and consider changes
to the Deer Creek CARA and/or stormwater regulations in response to the findings of that study;
and
WHEREAS, the PFAS study has taken longer to complete than the City anticipated at the
time Ordinance No. 4430 was adopted, and the study is now expected to be ready for City
Council review in September 2026; and
WHEREAS, after reviewing the PFAS study, the City Council must determine what, if
any, changes to make to the City's stormwater and CARA regulations in response to the findings
of the study; and
Item 4.1
Packet pg. 8/47
Item 4.1
Packet pg. 8/47
WHEREAS, the City still does not see an approval pathway for permit applicants under
the regulations that are currently in effect for the Deer Creek CARA; and
WHEREAS, RCW 36.70A.390 authorizes the city council to adopt a moratorium and to
renew or extend a moratorium for one or more six-month periods, provided that a public hearing
is held and findings of fact are adopted in support of the renewal or extension; and
WHEREAS, the City Council has scheduled a public hearing on the proposed six-month
renewal or extension of the moratorium for August 18, 2026; and
WHEREAS, the City Council desires to renew or extend the moratorium imposed by
Ordinance No. 4430 for an additional six months to allow adequate time to complete the PFAS
study, present it to Council for review, and, if appropriate, draft and adopt changes to the Deer
Creek CARA and/or stormwater regulations and
WHEREAS, the City Council acknowledges that because of the effective date of this
ordinance, there will be a gap in the moratorium of several days; and
WHEREAS, the gap in the moratorium could cause one to question whether this should
be better characterized as a renewed moratorium or an extended moratorium; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS FOLLOWS:
Section 1. Purpose. The purpose of this ordinance is to extend the moratorium imposed by
Ordinance No. 4430 for an additional six months in order to allow the City adequate time to
complete the PFAS study relating to the Deer Creek CARA, to present the study to the City
Council for review, to evaluate other feasible means of managing stormwater, and, if appropriate,
to draft and consider changes to the Deer Creek CARA and/or stormwater regulations in response
to the findings of that study.
Section 2. Moratorium Extended / Renewed. The moratorium imposed by Ordinance No. 4430
on the acceptance of applications for any permit or authorization to alter land, water, vegetation,
or to construct or modify any structure or improvement, and which would trigger stormwater
management requirements, is hereby extended and/or renewed for an additional six (6) months
from the effective date of this ordinance. The geographic scope of the extended/renewed
moratorium remains limited to the Deer Creek CARA and its buffer, and all other terms of
Ordinance No. 4430 remain in full force and effect except as expressly modified by this
ordinance.
Section 3. Public Hearing on Extension / Renewal. Pursuant to RCW 36.70A.390 and RCW
35A.63.220, the City Council held a public hearing on the renewal or extension of the
moratorium. The hearing was held on August 18, 2026.
Item 4.1
Packet pg. 9/47
Item 4.1
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Section 4. Findings. The City Council hereby adopts as its findings of fact to justify this renewal
/ extension the above recitals as well as the findings in Resolution 1587 that it adopted to support
Ordinance 4430, which are incorporated herein by this reference as if set forth in full.
Section 5. Severability. If any section, sentence, clause or phrase of this ordinance should be
held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this Ordinance.
Section 6. Effective Date. This ordinance, being an exercise of a power specifically delegated to
the City legislative body, 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/AUTHENTICATED:
________________________________
CITY CLERK, LUKE LONIE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY ________________________________
JEFF TARADAY
FILED WITH THE CITY CLERK: ______________
PASSED BY THE CITY COUNCIL: ______________
PUBLISHED: ______________
EFFECTIVE DATE: ______________
ORDINANCE NO. ______
SUMMARY OF ORDINANCE NO. ______
of the City of Edmonds, Washington
On the ____ day of ____________, 2026, the City Council of the City of Edmonds, passed
Ordinance No. ______. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, EXTENDING
AND/OR RENEWING THE MORATORIUM ESTABLISHED BY ORDINANCE NO.
4430 ON THE ACCEPTANCE OF ANY PERMIT APPLICATIONS WHICH WOULD
REQUIRE STORMWATER MANAGEMENT WITHIN THE DEER CREEK CRITICAL
AQUIFER RECHARGE AREA FOR AN ADDITIONAL SIX MONTHS.
Item 4.1
Packet pg. 10/47
Item 4.1
Packet pg. 10/47
The full text of this Ordinance will be mailed upon request.
DATED this ____ day of ____________, 2026.
________________________________
CITY CLERK, LUKE LONIE
Item 4.1
Packet pg. 11/47
Item 4.1
Packet pg. 11/47
August 18, 2026 - Special Meeting
TITLE:Resolution of Intent to Annex Esperance Annexation Area 1
(Fourth Reading)
DEPARTMENT:Planning and Development Services
PRESENTER:Michael Clugston, Brad Shipley, Jeff Taraday
NEEDED FROM COUNCIL:Action
RECOMMENDATION:Adopt the attached resolution declaring the City’s intent to
pursue annexation of Esperance Annexation Area 1 through an
interlocal agreement with Snohomish County; directing staff to
begin collaboration with the County and the required public
participation process; and deferring action on Annexation Area 2
pending further investigation of the 84th Avenue W bridge.
BUDGET:
Total Dollar Amount:TBD Approved in Budget
Fund(s):TDB Budget Reallocation Required
No Budget Impact
PROBLEM/ISSUE STATEMENT:
Esperance is an approximately 464-acre unincorporated area located within the Edmonds
Municipal Urban Growth Area and includes roughly 4,500 residents. The City has evaluated
potential annexation of Esperance at various times in the past and, in 2026, retained BERK
Consulting to complete a fiscal analysis and to evaluate the potential effect of the annexation
sales and use tax credit authorized under RCW 82.14.415.
Council received BERK’s completed fiscal analysis at its August 12, 2026 Study Session. The
analysis projected a positive General Fund impact under the staffing scenarios evaluated but
also identified several areas of uncertainty, particularly future staffing and service levels,
infrastructure needs, and the condition and potential long-term cost of the 84th Avenue W
bridge.
The attached resolution provides direction for the next phase of the City’s consideration of
annexation. It would declare the City’s intent to proceed with the eastern and southern portion
of Esperance identified as Annexation Area 1, while deferring the northwestern and north-
central portion identified as Annexation Area 2 until additional investigation of the 84th Avenue
W bridge is completed.
Adoption of the resolution would not itself annex any property or obligate the City to ultimately
complete annexation.
City Council Agenda Item .2
CONTEXT, ANALYSIS, & ALTERNATIVES:
Annexation Area 1
The resolution divides the Esperance Municipal Urban Growth Area into two potential
annexation areas as shown on Attachment 2. Annexation Area 1 generally consists of the
eastern and southern portions of Esperance, including Esperance Park.
The resolution would declare the City’s intent to annex Annexation Area 1 using the interlocal
agreement process authorized under RCW 35A.14.472 and direct the Mayor and City staff, in
consultation with the City Attorney, to begin working with Snohomish County to develop the
agreement.
The precise annexation boundary and legal description would be finalized in coordination with
Snohomish County and included in the interlocal agreement.
Interlocal Agreement
RCW 35A.14.472 allows a code city and county to negotiate an interlocal agreement for
annexation of unincorporated territory within an urban growth area. Consistent with the
statute, the resolution directs staff to address, at a minimum:
•The fiscal balancing of commercial, industrial, and residential properties and associated
tax revenues;
•Development, ownership, and maintenance of infrastructure, including transportation,
stormwater, parks, and other public facilities;
•Potential revenue-sharing arrangements between the City and Snohomish County; and
•Applicable annexation review factors and objectives established under state law.
Any completed interlocal agreement and implementing annexation ordinance would return to
Council for consideration before annexation could occur.
Public Participation
The interlocal annexation process requires public participation before an agreement may be
executed. The resolution directs staff to establish a process that includes broad dissemination
of the proposal and alternatives, opportunities for written comment, public meetings, and
consideration of and response to public comments.
A proposed interlocal agreement must also be posted on the City’s website for at least four
Item 4.2
Packet pg. 13/47
Item 4.2
Packet pg. 13/47
weeks before execution, and a public hearing must be held by the City Council and Snohomish
County Council, either separately or jointly.
Annexation Sales and Use Tax Credit
RCW 82.14.415 provides a potential state-shared sales and use tax credit for qualifying
annexations. The tax operates as a credit against the State’s existing sales and use tax and
therefore would not increase the sales tax rate paid by consumers within the annexed area.
The resolution does not impose the tax. Any future use of the credit would require a separate
Council ordinance following adoption of an interlocal agreement and annexation ordinance.
State law also requires the City to begin imposing the credit no later than July 1, 2028.
Because distributions are limited to the City’s actual net cost of providing municipal services to
the annexed area, the resolution directs staff to return with additional analysis regarding the
City’s eligibility, projected receipts, qualifying municipal service costs, and recommended timing
for any future tax ordinance.
Annexation Area 2
The resolution would defer initiation of an interlocal agreement for the potential Annexation
Area 2. This area generally includes the northwestern, western, and north-central portions of
Esperance, including Robert Leary Park, and the 84th Avenue W bridge.
BERK identified the bridge as the largest potential individual capital cost within Esperance and
an area of greater uncertainty than other capital categories. Snohomish County currently rates
the bridge in “fair” condition, which does not presently qualify the structure for County repair
or replacement funding.
Before the City assumes responsibility for the bridge through annexation, the resolution directs
staff to coordinate with Snohomish County and, as appropriate, the Washington State
Department of Transportation (WSDOT) to further evaluate:
•Current structural condition and load rating;
•Estimated remaining service life;
•Potential repair, rehabilitation, and replacement costs;
•Potential federal, state, County, and other funding sources; and
•The implications of those findings for the fiscal analysis and potential annexation sales
tax credit.
Staff would return to Council with the results of the bridge investigation and a recommendation
regarding whether and when to proceed with Annexation Area 2.
Item 4.2
Packet pg. 14/47
Item 4.2
Packet pg. 14/47
Deferring Area 2 does not preclude future annexation. The resolution expressly preserves
Council’s ability to consider a separate interlocal agreement or another statutorily authorized
annexation method at a later date.
Effect of the Resolution
A resolution of intent is not legally required to initiate the interlocal annexation process. The
purpose of the proposed resolution is to establish Council’s current policy direction and provide
staff with guidance regarding the next steps.
The resolution is expressly non-binding and does not commit the City to annexation. Staff may
return with a different recommended process, boundary, or approach if additional information
developed through County coordination, public engagement, the bridge investigation, or other
due diligence warrants reconsideration.
Alternatives
Council may:
1.Adopt the resolution as presented. Allows staff to begin formal collaboration with
Snohomish County for Annexation Area 1 while undertaking additional due diligence for
the 84th Street bridge located in Annexation Area 2;
2.Adopt the resolution with amendments. May include revisions to the proposed
annexation areas, scope of staff direction, bridge investigation, or other provisions;
3.Direct staff to pursue both annexation areas concurrently. Processed through one or
more interlocal agreements; or
4.Take no action at this time. Request additional information before initiating the
interlocal annexation process.
RECOMMENDATION:
Adopt the attached resolution declaring the City’s intent to pursue annexation of Esperance
Annexation Area 1 through an interlocal agreement with Snohomish County; directing staff to
begin collaboration with the County and the required public participation process; and
deferring action on Annexation Area 2 pending further investigation of the 84th Avenue W
bridge.
BUDGET IMPACTS:
Adoption of the resolution does not itself approve annexation or commit the City to the future
operating and capital costs associated with annexation.
Staff time will be required for coordination with Snohomish County, preparation of the
interlocal agreement, public engagement, fiscal analysis, and implementation planning. The
Item 4.2
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Item 4.2
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additional investigation of the 84th Avenue W bridge may also result in consultant or
engineering costs depending on the scope of work and availability of existing County
information.
The estimated dollar amount for investigation of the 84th Avenue W bridge was not available at
the time of preparing this agenda item and is shown as “TBD” below. Any additional budget
authorization required for that work would be brought forward separately as appropriate.
If annexation is ultimately approved, it could have significant future impacts to the General
Fund and applicable transportation, stormwater, parks, and capital funds. BERK’s fiscal analysis
provides the current basis for evaluating those potential impacts, but additional refinement will
occur through the interlocal agreement and implementation planning process.
ITEM HISTORY:
The City has studied potential annexation of Esperance at various times over the last several
decades. Esperance residents have previously voted on annexation five times, most recently in
2005. More recently, a group of Esperance residents contacted County and City officials
expressing interest in advancing annexation.
In 2026, the City retained BERK Consulting to conduct a fiscal analysis using City financial
information and to evaluate the annexation sales and use tax credit authorized under RCW
82.14.415. Council received BERK’s preliminary fiscal findings on July 14, 2026.
BERK subsequently completed the Edmonds Annexation Analysis – A Financial Assessment of
Annexing the Esperance Area, which was presented to Council at its August 12, 2026 Study
Session. The final analysis projected a positive General Fund impact under the scenarios
evaluated while identifying staffing, service levels, infrastructure conditions, capital costs, and
the 84th Avenue W bridge as areas requiring continued consideration.
The proposed resolution represents the next step in Council’s consideration of potential
annexation by establishing a framework for coordination with Snohomish County and
additional due diligence before any final annexation decision.
ADDITIONAL INFORMATION:
The resolution does not annex Annexation Area 1, approve an interlocal agreement, or impose
the annexation sales and use tax credit. Each of those actions would require subsequent
Council consideration.
ATTACHMENTS:
Attachment 1: Resolution of Intent to Annex Esperance Annexation Area 1
Attachment 2: Exhibit A to Resolution: Esperance Annexation Area Options Map
Item 4.2
Packet pg. 16/47
Item 4.2
Packet pg. 16/47
CITY OF EDMONDS, WASHINGTON
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS,
WASHINGTON, DECLARING THE CITY'S INTENT TO ANNEX THE
UNINCORPORATED TERRITORY IDENTIFIED HEREIN AS "ANNEXATION
AREA 1" WITHIN THE ESPERANCE MUNICIPAL URBAN GROWTH AREA;
DIRECTING CITY STAFF TO COLLABORATE WITH SNOHOMISH COUNTY
TO FORM AN INTERLOCAL AGREEMENT PROVIDING FOR THAT
ANNEXATION PURSUANT TO RCW 35A.14.472; AND DEFERRING
SIMILAR COLLABORATION WITH RESPECT TO "ANNEXATION AREA 2"
PENDING COMPLETION OF THE 84TH AVENUE WEST BRIDGE
INVESTIGATION.
WHEREAS, the City of Edmonds (the "City") is a non-charter code city organized
under Title 35A RCW and plans under chapter 36.70A RCW (the Growth Management Act);
and
WHEREAS, the unincorporated Esperance neighborhood lies wholly within an urban
growth area designated under RCW 36.70A.110 and, as a Municipal Urban Growth Area
assigned to the City of Edmonds, is a designated potential annexation area of the City; and
WHEREAS, the City's Comprehensive Plan expressly supports coordinated planning
for and annexation of unincorporated areas of the Esperance Municipal Urban Growth Area,
and Snohomish County's Comprehensive Plan encourages the annexation of
unincorporated urban areas into cities and towns; and
WHEREAS, RCW 35A.14.472 authorizes a code city, as provided in RCW
35A.14.296(2), to collaborate with the county in which the code city is located to form an
interlocal agreement regarding annexation of unincorporated territory within the urban
growth area boundary, and provides that such method of annexation is an alternative to, and
additional to, all other methods provided in chapter 35A.14 RCW; and
WHEREAS, RCW 35A.14.472(1) requires that the process for forming such an
interlocal agreement include procedures for public participation that provide for broad
dissemination of proposals and alternatives, opportunity for written comments, public
meetings after effective notice, and consideration of and response to public comments, and
further requires that the interlocal agreement be executed only after notice of availability of
the agreement is posted on the website of each legislative body for four weeks and after a
public hearing held by each legislative body, separately or jointly; and
WHEREAS, RCW 35A.14.472(3) requires that any such agreement or plan address
(a) a balancing of annexations of commercial, industrial, and residential properties so that
any potential loss or gain is considered and distributed fairly as determined by tax revenue,
(b) development, ownership, and maintenance of infrastructure, and (c) the potential for
revenue-sharing agreements; and
WHEREAS, RCW 35A.14.472(4) requires that, in addressing the items in RCW
35A.14.472(3)(a) through (c), the parties also address the balancing of factors and
objectives for annexation review set forth in RCW 36.93.170 and 36.93.180; and
WHEREAS, RCW 35A.14.472(2) provides that an interlocal agreement under that
section may include use of a sales tax credit for annexed areas, and RCW 82.14.415, as
amended by 2SHB 1425 (Laws of 2023, ch. 351), authorizes a state-shared sales and use
tax credit for cities that annex qualifying areas pursuant to, among other statutes, RCW
35A.14.472, subject to the requirements and limitations of RCW 82.14.415, including that no
city may begin to impose that tax after July 1, 2028; the tax authorized by RCW 82.14.415 is
structured as a credit against the State's 6.5 percent sales and use tax under chapters 82.08
and 82.12 RCW, so that, if imposed, it would not increase the sales and use tax rate paid by
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consumers within the annexed area but would instead redirect 0.1 percent of the taxable
sale from the State's share to the City for use in providing municipal services within the
annexed area; and
WHEREAS, the City commissioned an Edmonds Annexation Study evaluating the
potential fiscal, service, and infrastructure implications of annexing Esperance, which study
included a review of the current condition of the 84th Avenue West bridge in the northern
portion of Esperance and observed that Snohomish County has rated that bridge in "fair"
condition, placing it in a category that is not currently eligible for County funding for repair or
replacement, and further observed that the bridge represents the largest potential capital
cost in the area with a level of uncertainty higher than other capital categories; and
WHEREAS, the City Council has considered two potential annexation areas within
the Esperance Municipal Urban Growth Area, identified as "Annexation Area 1" and
"Annexation Area 2" and depicted on the map titled "Esperance Annexation Area Options v2
20260701" attached to this Resolution as Exhibit A and incorporated herein by reference;
and
WHEREAS, Annexation Area 1 comprises the eastern and southern portions of the
Esperance Municipal Urban Growth Area, including the area surrounding Esperance Park
and the neighborhoods lying along or between 228th Street SW, 230th Street SW, and 231st
Street SW, as more particularly depicted in Exhibit A, with a legal description to be finalized
in coordination with Snohomish County and set forth in the interlocal agreement authorized
by this Resolution; and
WHEREAS, Annexation Area 2 comprises the northwestern, western, and north-
central portions of the Esperance Municipal Urban Growth Area, includes Robert Leary Park
and the neighborhoods along 84th Avenue W and 88th Avenue W between 224th Street SW
and 228th Street SW, and includes the 84th Avenue West bridge crossing; and
WHEREAS, the City Council has determined that it is in the interest of the City, its
taxpayers, and the residents and property owners within Annexation Area 2 to complete a
further investigation of the current and projected condition, structural sufficiency, remaining
service life, and prospective repair or replacement cost of the 84th Avenue West bridge,
including consultation with Snohomish County and, as appropriate, the Washington State
Department of Transportation, before the City commits to the assumption of ownership,
maintenance, and capital obligations associated with the bridge and the surrounding
Annexation Area 2, and that collaborating with Snohomish County to form an interlocal
agreement under RCW 35A.14.472 with respect to Annexation Area 2 prior to completion of
that investigation would be premature; and
WHEREAS, proceeding with Annexation Area 1 on the schedule contemplated by
this Resolution while deferring Annexation Area 2 pending the 84th Avenue West bridge
investigation preserves the City's ability, if the Council later so determines and subject to the
July 1, 2028 outside date in RCW 82.14.415(11), to collaborate with Snohomish County to
form a separate interlocal agreement under RCW 35A.14.472 with respect to Annexation
Area 2 and to seek the sales and use tax credit authorized under RCW 82.14.415 for that
area, which could provide significant additional funding to repair the bridge;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EDMONDS, WASHINGTON, AS FOLLOWS:
Section 1. Findings and Incorporation of Recitals. The recitals set forth above are hereby
adopted as findings of the City Council and are incorporated into this Resolution as though
fully set forth herein.
Section 2. Declaration of Intent to Annex Annexation Area 1. The City Council hereby
declares the City's intent to annex Annexation Area 1, as generally depicted on Exhibit A,
into the corporate limits of the City of Edmonds pursuant to the interlocal agreement method
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of annexation authorized by RCW 35A.14.472. The Council finds that Annexation Area 1 lies
wholly within the City's designated urban growth area under RCW 36.70A.110 and that
annexation of Annexation Area 1 is consistent with the City's Comprehensive Plan required
by chapter 36.70A RCW.
Section 3. Directive to Collaborate with Snohomish County to Form an Interlocal
Agreement. The Mayor and City staff, in consultation with the City Attorney, are hereby
authorized and directed to collaborate with Snohomish County, pursuant to RCW
35A.14.472 and chapter 39.34 RCW, to form an interlocal agreement providing for the
annexation of Annexation Area 1 to the City, including joint agreement with the County on
the precise boundaries and effective date of the annexation, on the terms set forth in this
Resolution.
Section 4. Required Subject Matter of the Interlocal Agreement. The interlocal
agreement formed pursuant to Section 3 of this Resolution shall address, at a minimum,
each of the following, consistent with RCW 35A.14.472(3) and (4):
• A balancing of the annexations of commercial, industrial, and residential properties within
Annexation Area 1 such that any potential loss or gain is considered and distributed fairly
as determined by tax revenue;
• The development, ownership, and maintenance of infrastructure serving Annexation
Area 1, including transportation, stormwater, parks (including Esperance Park), and
other public infrastructure and facilities;
• The potential for revenue-sharing agreements between the City and Snohomish County
with respect to Annexation Area 1; and
• The balancing of factors and objectives for annexation review set forth in RCW
36.93.170 and 36.93.180.
Section 5. Public Participation Procedures. The formation of the interlocal agreement
shall include procedures for public participation that satisfy RCW 35A.14.472(1), including
(a) broad dissemination of the proposed interlocal agreement and any alternatives under
consideration; (b) an opportunity for written public comment; (c) one or more public meetings
held after effective notice to affected residents, property owners, and other stakeholders;
and (d) consideration of, and a written response to, public comments received. Notice of
availability of the proposed interlocal agreement shall be posted on the City's website for at
least four weeks prior to execution, and the proposed agreement shall not be executed until
after a public hearing has been held by the City Council, separately from or jointly with the
Snohomish County Council.
Section 6. Sales and Use Tax Credit under RCW 82.14.415. Consistent with RCW
35A.14.472(2), the interlocal agreement authorized by this Resolution may address the
City's prospective use of the annexation sales and use tax authorized under RCW
82.14.415. The City Council acknowledges that the City has not imposed, and this
Resolution does not impose, any tax under RCW 82.14.415. Any such tax would be imposed
only after adoption of the interlocal agreement and the implementing annexation ordinance
for Annexation Area 1, by a separate ordinance of the Council meeting the imposition
requirements of RCW 82.14.415 and subject to the July 1, 2028 outside date in RCW
82.14.415(11) for beginning to impose the tax. If imposed, the tax would not increase the
sales and use tax rate paid by consumers within Annexation Area 1; rather, RCW
82.14.415(2) makes the tax a credit against the State's 6.5 percent sales and use tax under
chapters 82.08 and 82.12 RCW, so that 0.1 percent of the taxable sale would be redirected
from the State's share to the City for use in providing, maintaining, and operating municipal
services within Annexation Area 1. The Council further acknowledges that RCW 82.14.415
operates on a cost-reimbursement basis, in that annual distributions to the City under RCW
82.14.415(7) are limited to the true and actual costs the City incurs in providing, maintaining,
and operating municipal services within Annexation Area 1, net of general revenues from the
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area, up to the threshold amount established for the area in the imposing ordinance.
Accordingly, City staff are directed to bring back to the Council, together with the proposed
interlocal agreement and any implementing annexation ordinance: (a) an analysis of the
City's eligibility for and projected receipts under RCW 82.14.415 with respect to Annexation
Area 1, addressing both the determinations required for a valid imposing ordinance under
RCW 82.14.415(1), (8), and (9) and the true-and-actual-cost cap on annual distributions
under RCW 82.14.415(7); (b) a proposed allocation of existing and new City resources to be
dedicated to municipal services for Annexation Area 1 that would qualify for reimbursement
under RCW 82.14.415; and (c) a recommendation as to the form and timing of a separate
ordinance imposing the tax.
Section 7. Deferral of Collaboration on an Interlocal Agreement for Annexation Area 2.
The City Council hereby determines that it is not appropriate at this time to collaborate with
Snohomish County to form an interlocal agreement under RCW 35A.14.472 with respect to
Annexation Area 2. The Council's basis for that determination is that Annexation Area 2
contains the 84th Avenue West bridge crossing, which the Edmonds Annexation Study
identified as the largest potential capital cost within the Esperance Municipal Urban Growth
Area and as an item carrying a higher degree of uncertainty than other capital categories,
and which Snohomish County has rated in "fair" condition — a rating that currently makes
the structure ineligible for County repair or replacement funding. The Council finds that a
further investigation of the bridge's current and projected condition, structural sufficiency,
remaining service life, and prospective repair or replacement cost is necessary and prudent
before the City commits, through annexation, to assume ownership, maintenance, and
capital-funding responsibility for the bridge and the surrounding Annexation Area 2.
Section 8. 84th Avenue West Bridge Investigation. City staff are hereby authorized and
directed to undertake, in coordination with Snohomish County Public Works and, as
appropriate, the Washington State Department of Transportation, a further investigation of
the 84th Avenue West bridge (the "Bridge Investigation"), which shall include, at a minimum:
(a) a current structural condition assessment and load rating; (b) an estimate of remaining
service life under existing traffic conditions; (c) a scoping-level estimate of prospective
repair, rehabilitation, and replacement costs; (d) identification of potential federal, state,
county, and other funding sources; and (e) an analysis of any impact of the Bridge
Investigation's findings on the City's cost-of-service and threshold-amount analyses under
RCW 82.14.415 with respect to Annexation Area 2. Staff shall report the results of the Bridge
Investigation to the City Council and provide a recommendation as to whether, when, and on
what terms the City should collaborate with Snohomish County to form an interlocal
agreement under RCW 35A.14.472 for the annexation of Annexation Area 2.
Section 9. No Prejudice to Future Action on Annexation Area 2. Nothing in this
Resolution shall be construed to preclude, or to prejudge in any respect, the City's future
consideration of annexation of Annexation Area 2, whether under RCW 35A.14.472 or any
other statutorily authorized method of annexation. The City reserves all rights to collaborate
with Snohomish County to form one or more separate interlocal agreements under RCW
35A.14.472 with respect to Annexation Area 2, or to pursue any other statutorily authorized
method of annexation, at such time as the City Council determines to do so, subject to
applicable law, including the July 1, 2028 outside date for imposition of the sales and use tax
credit under RCW 82.14.415(11).
Section 10. Coordination and Reporting. City staff are requested to provide regular status
reports to the Council regarding (a) the progress of the City's collaboration with Snohomish
County to form an interlocal agreement for Annexation Area 1, (b) the results of the public
participation procedures described in Section 5, and (c) the progress and findings of the
Bridge Investigation described in Section 8. Any interlocal agreement formed pursuant to
Section 3, and any ordinance providing for annexation of Annexation Area 1, shall be
brought back to the Council for its consideration in accordance with RCW 35A.14.472 and
other applicable law.
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Section 11. Non-binding; not required. The contemplated annexation process under RCW
35A.14.472 does not require initiation by resolution. The primary purpose of the resolution is
to provide general guidance to staff with respect to how the City should proceed. This
resolution does not bind the City to proceed in any particular manner and it is intended that
staff may recommend a process and/or annexation area different than what is contemplated
herein as information becomes available that would change the recommendation.
ADOPTED by the City Council of the City of Edmonds, Washington, at a regular
meeting thereof held this ____ day of ____________, 2026.
CITY OF EDMONDS
____________________________________
Mayor Mike Rosen
ATTEST / AUTHENTICATED:
____________________________________
Luke Lonie, City Clerk
FILED WITH THE CITY CLERK: ______________________
PASSED BY THE CITY COUNCIL: ______________________
RESOLUTION NO.: ______________________
Exhibit A — Map of Esperance Annexation Area Options
[Attach the map titled "Esperance Annexation Area Options v2 20260701" depicting
Annexation Area 1 (green) and Annexation Area 2 (yellow). The legal description of
Annexation Area 1 will be finalized in coordination with Snohomish County and set forth in
the interlocal agreement authorized by this Resolution.]
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City Council Agenda Item .
August 18, 2026 - Special Meeting
TITLE:Edmonds Automated Traffic Safety Program and Ordinance
Amending Chapter 8.10 ECC (Second Reading)
DEPARTMENT:Mayor's Office
PRESENTER:Stephanie Lucash, City Administrator Loi Dawkins, Chief of Police
and Bertrand Hauss, Transportation Engineer
NEEDED FROM COUNCIL:Action
RECOMMENDATION:Motion: I move that we adopt the Ordinance Amending Chapter
8.10 ECC (Automated Traffic Safety Cameras) to provide for
Twenty-Four Hour Operation of School Speed Zone and School
Walk Zone Cameras, to Revise the Fine Structure for School Zone
and School Walk Zone Infractions, and to update definitions and
statutory reference to confirm to Chapter 307, Laws of 2024 and
Chapter 123, Laws of 2026.
BUDGET:
Total Dollar Amount:Potential revenues are
to be determined based
on council direction
Approved in Budget
Fund(s):General Fund Budget Reallocation Required in
Upcoming 2027-2028 Budget
No Budget Impact
PROBLEM/ISSUE STATEMENT:
During the Edmonds City Council’s July 8, 2026 Special Meeting, automated traffic safety
cameras were discussed. Several councilmembers indicated they would appreciate staff
bringing options for expanding the City’s school zone automated traffic safety program.
CONTEXT, ANALYSIS, & ALTERNATIVES:
The Edmonds City Council adopted the City’s current automated traffic safety program in 2023
and selected Verra Mobility as its vendor for this work. The City’s current program includes
automated traffic safety cameras at four school-zone locations: Chase Lake Elementary,
Edmonds-Woodway High School, Scriber Lake High School, and Westgate Elementary.
Automated traffic safety cameras are currently active at each of the above schools during drop
off and pick up times only. This includes 45 minutes in the morning (30 minutes before school
start time and 15 minutes after) and 45 minutes in the afternoon (15 minutes before school
dismissal and 30 minutes after) when school is in session.
Traffic engineering analysis, including a recent two week study, has repeatedly shown there is
significant speeding happening in school zones during all hours of the day and night, creating
safety concerns for children, families and other pedestrians and bicyclists in these high use
areas. The proposed change would utilize the cameras to enforce the regular posted speed in
these school zones during all other times, 24-hours a day, 7 days a week, 365 days a year.
The proposed change to ECC 8.10 would increase fines for school speed zone infractions during
school pickup and dropoff times while there is a reduced speed limit, and establish fines for
school walk zone infractions during other times at the regular posted speed limit.
RECOMMENDATION:
Motion: I move that we adopt the Ordinance Amending Chapter 8.10 ECC (Automated Traffic
Safety Cameras) to provide for Twenty-Four Hour Operation of School Speed Zone and School
Walk Zone Cameras, to Revise the Fine Structure for School Zone and School Walk Zone
Infractions, and to update definitions and statutory reference to confirm to Chapter 307, Laws
of 2024 and Chapter 123, Laws of 2026.
BUDGET IMPACTS:
Potential revenues are still to be determined based on council direction.
ITEM HISTORY:
In February 2023, Council adopted Ordinance 4292 authorizing use of five automated traffic
safety cameras in approved school locations.
In June 2024, Ordinance 4361 authorized the use of red-light cameras at two intersections.
In December 2024, Ordinance 4374 revised the fine structure for automated camera infractions
This item was presented to Council with draft ordinance at the August 11, 2026 meeting. No
action was taken.
ADDITIONAL INFORMATION:
ATTACHMENTS:
2026-08-18 Ordinance – Amending Chapter 8.10 ECC (School Zone Cameras)
Slide Presentation 8.18.2028
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Edmonds
Automated
Traffic Safety
Program
Presented by
Edmonds City Team
Edmonds City Council
Special Meeting
August 18, 2026
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The Purpose of Today’s Discussion/
Potential Action
•Respond to several council members requesting more information on the Edmonds
automated traffic safety program and possible expansion in school zones
•Describe current traffic safety trends and data
•Council may consider a motion to adopt the Ordinance and deliberate
Edmonds City Council Meeting
August 18, 2026 Automated Traffic Safety Program
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Current Program
•Program launched in 2023 using Verra Mobility
•School Zone Cameras at following school zones (total of 5 cameras)
❑Chase Lake Elementary
❑Edmonds-Woodway
❑Scriber Lake
❑Westgate Elementary
Edmonds City Council Meeting
August 18, 2026 Automated Traffic Safety Program
•School Zone Operating Schedule - 45 minutes during drop-off & pick-up
▪Drop-off starts 30 minutes prior to school start time and ends 15 minutes after
▪Pick-up starts 15 minutes prior to final bell and ends 30 minutes after
84th Ave. W (SB)
76th Ave. W & 212th St. SW (SB & EB)
100th Ave. W (SB)
220th St. SW (WB)
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Map of
Camera
Locations
Edmonds City Council Meeting
August 18, 2026 Automated Traffic Safety Program
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Speeding in Edmonds
* Two-week study conducted June 23 – July 6, 2026
Edmonds City Council Meeting
August 18, 2026 Automated Traffic Safety Program
School Trigger Speed Potential Violations
Edmonds Woodway 7+ mph over 5,763
Chase Lake 7+ mph over 6,395
Westgate 7+ mph over 2,223
Scriber Lake 7+ mph over 5,048
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Speeding in Edmonds
* Two -week study conducted June 23 – July 6, 2026
Edmonds City Council Meeting
August 18, 2026 Automated Traffic Safety Program
School Speed Potential Violations
Edmonds Woodway 7-12 mph over
12 -17 mph over
17+ mph over
5186
294
93
Chase Lake 7-12 mp h over
12 -17 mph over
17+ mph over
5475
723
196
Westgate 7-12 mph over
12 -17 mph over
17+ mph over
1931
239
53
Scriber Lake 7-12 mph over
12 -17 mph over
17+ mph over
4456
502
90
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•From August 1st, 2025 through July 31st, 2026, there were numerous accidents
in school zones:
•76th Ave. W from 220th St. SW to 206th St. SW (28 collisions)
•212th St. SW from 80th Ave. W to 76th Ave. W (10 collisions)
•84th Ave. W from 212th St. SW to 220th St. SW (7 collisions)
•220th St. SW from 100th Ave. W to 84th Ave. W (7 collisions)
•100th Ave. W from SR-104 to 244th St. SW (16 collisions)
•24/7 cameras will help improve corridor safety by reducing vehicle speeds
Corridor Accident History
Edmonds City Council Meeting
August 18, 2026
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•The City's Animal Control Officer responds to approximately 40 calls a year for
deceased pets in a roadway who have been hit by a vehicle
•24/7 cameras will help improve safety by reducing vehicle speeds
Animal Impacts
Edmonds City Council Meeting
August 18, 2026
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Where Are Speeders Coming From?
*Based on Verra Mobility data generated from all cameras in the city
Edmonds City Council Meeting
August 18, 2026 Automated Traffic Safety Program
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Other School Zone Program Comparisons
Edmonds City Council Meeting
August 18, 2026 Automated Traffic Safety Program
City Speed Threshold Fine Schedule Fine Amount
Bellevue 28 mph Fixed $248
Bothell 21 mph 1-15 mph over
16+ mph over
$139
$250
Everett 28 mph Fixed $124
Federal Way 21 mph 1-5 mph over
6-10 mph over
11+ mph over
$223
$243
$290
Kent 28 mph Fixed $145
$290 if 30 mph or more
Lynnwood 26 mph 6-10 mph over
11-15 mph over
16-20 mph over
21+mph over
$150
$200
$250
$290
Redmond 26 mph 6-9 mph over
10-14 mph over
15+ mph over
$110
$220
$290
Seattle 28 mph Fixed $248
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What Speeding Data Shows
•Slower speeds lead to increased safety
•As vehicle speeds increase, you see a corresponding increase in collision rates, severity of
injuries, and risk of fatalities
Edmonds City Council Meeting
August 18, 2026 Automated Traffic Safety Program
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This Action Supports the Edmonds
Comprehensive Safety Action Plan
Edmonds City Council Meeting
August 18, 2026 Automated Traffic Safety Program
The ultimate goal of the Edmonds Comprehensive Safety Action
Plan (completed in early 2026) is to eliminate traffic fatalities and
serious injury collisions by 2040. The initial goal is to lower fatal
and serious injuries by 50%before 2035,with the City formally
re -evaluating progress toward both these goals every 5 years.
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Map of
Proposed
Safety
Improvements
Edmonds City Council Meeting
August 18, 2026 Automated Traffic Safety Program
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Ordinance for Consideration
•Expand Current Cameras to Operate 24/7
•Proposed Fines During School Zone Infraction Hours
•6-10 mph over: $200
•Greater than 10 mph over: $290
•Proposed Fines During Walk Zone Infraction Hours
•Greater than 6 mph over: $144
Edmonds City Council Meeting
August 18, 2026 Automated Traffic Safety Program
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Recommendation:
Council consideration of a motion to adopt the ordinance
•Expansion would include a warning period
•Court considerations
•School starts in September
Edmonds City Council Meeting
August 18, 2026 Automated Traffic Safety Program
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Thank You
Edmonds City Council Meeting
August 18, 2026 Automated Traffic Safety Program
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ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING CHAPTER 8.10 ECC (AUTOMATED TRAFFIC SAFETY
CAMERAS) TO PROVIDE FOR TWENTY-FOUR HOUR OPERATION OF
SCHOOL SPEED ZONE AND SCHOOL WALK ZONE CAMERAS, TO REVISE
THE FINE STRUCTURE FOR SCHOOL ZONE AND SCHOOL WALK ZONE
INFRACTIONS, TO UPDATE DEFINITIONS AND STATUTORY
REFERENCES TO CONFORM TO CHAPTER 307, LAWS OF 2024, AND
CHAPTER 123, LAWS OF 2026; PROVIDING FOR SEVERABILITY; AND
SETTING AN EFFECTIVE DATE.
WHEREAS, in February 2023, the City Council passed Ordinance No. 4292, which
adopted a new Chapter 8.10 (Automated Traffic Safety Cameras) of the Edmonds City Code
authorizing the use of automated traffic safety cameras in school speed zones and school walk areas
pursuant to former RCW 46.63.170; and
WHEREAS, in June 2024, the City Council passed Ordinance No. 4361 to amend Section
8.10.010 of the Edmonds City Code to authorize automated traffic safety cameras at certain
stoplight intersections; and
WHEREAS, in the 2024 Regular Session, the Washington State Legislature enacted
Engrossed Substitute House Bill 2384 (Chapter 307, Laws of 2024), which took effect on June 6,
2024, and which repealed former RCW 46.63.170 and re-enacted the statutory framework
governing automated traffic safety cameras as new sections of chapter 46.63 RCW, now codified
at RCW 46.63.210 through 46.63.260; and
WHEREAS, in December 2024, the City Council passed Ordinance No. 4374 to amend
ECC 8.10.050 to increase the base fine for automated traffic safety camera violations and to revise
the fine structure to conform to state law as it then existed; and
WHEREAS, in the 2026 Regular Session, the Washington State Legislature enacted
Engrossed Second Substitute Senate Bill 6066 (Chapter 123, Laws of 2026), which took effect on
June 11, 2026, and which further amended RCW 46.63.210 and 46.63.220 to, among other things,
provide that the maximum fine for an infraction generated through the use of an automated traffic
safety camera may not exceed $145.00 (subject to periodic inflation adjustment by the Office of
Financial Management beginning January 1, 2029), but may be doubled for a school speed zone
infraction; and
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WHEREAS, portions of chapter 8.10 ECC continue to reference former RCW 46.63.170
and use the term "school walk area," which have been superseded by RCW 46.63.210 through
46.63.260, and by the defined term "school walk zone" set forth in RCW 46.63.210, respectively,
and it is in the interest of the public to update chapter 8.10 ECC accordingly; and
WHEREAS, scientific evidence demonstrates that reducing or eliminating speeding
improves road safety by reducing both the likelihood of crashes and the severity of resulting
injuries, and evidence indicates that driver behavior and recidivism are influenced both by a high
perceived probability of enforcement and by graduated penalties tied to the severity of the
violation; and
WHEREAS, the City has data demonstrating that excess speeding is occurring in the City's
school speed zones and on roadways within the City's school walk zones outside of school arrival
and dismissal times, and the City Council has determined that it is in the best interests of the public
to authorize twenty-four hour per day, seven day per week operation of the automated traffic safety
cameras deployed in school speed zones and school walk zones; and
WHEREAS, the City Council has further determined that it is in the best interests of the
public to establish a graduated fine schedule that (a) imposes higher penalties on infractions
occurring during school zone infraction hours, when reduced school-zone speed limits are in effect
and children are most likely to be present, and (b) imposes penalties within statutory limits on
school walk zone infractions occurring at all other times;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. ECC 8.10.010 is amended to read as follows (new text is shown in underline;
deleted text is shown in strike through):
8.10.010 Automated traffic safety cameras – Detection of violations – Restrictions.
A. City law enforcement officers and persons commissioned by the Edmonds police chief are
authorized to use automated traffic safety cameras and related automated systems to detect and
record the image of: (1) traffic control device violations as defined by RCW 46.61.050(1) at
the stoplight intersections described in subsection (E) of this section; (2) school speed zone
violations; and (3) speed zone violations on any roadway identified in a school walk area zone
as defined by RCW 28A.160.160 as defined in RCW 46.63.210; provided, however, pictures
of the vehicle and the vehicle license plate may be taken only while an infraction is occurring,
and the picture shall not reveal the face of the driver or of any passengers in the vehicle.
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B. Before adding additional cameras or relocating any existing camera to a new location, an
analysis of the locations where automatic traffic safety cameras are proposed must be presented
to the city council for approval.
C. Each location where an automated safety camera is used shall be clearly marked by signs
and/or flashing beacons placed in locations that clearly indicate to a driver that the driver is
entering a zone where traffic laws are enforced by an automated traffic safety camera.
D. The following definitions apply throughout this chapter:
1. "Automated traffic safety camera" means a device that uses a vehicle sensor, installed to
work in conjunction with an intersection traffic control system or a speed measuring device,
and a camera synchronized to automatically record one or more sequenced photographs,
microphotographs, or electronic images of the rear of a motor vehicle whenever a vehicle
fails to stop at a stoplight intersection as defined in RCW 46.61.055(3)(a) or exceeds a
speed limit in a school speed zone or school walk area zone as detected by a speed
measuring device.
2. "School speed zone" has the same meaning as described in RCW 46.61.440(1) and (2),
and refers to the marked school speed zones in the City of Edmonds where a reduced speed
limit is in effect when children are present or when otherwise indicated by posted signs or
activated flashing beacons.
3. "School walk zone" has the same meaning as set forth in RCW 46.63.210, and means a
roadway identified under RCW 28A.160.160 or a roadway within a one-mile radius of a
school that students use to travel to school by foot, bicycle, or other means of active
transportation.
4. "School zone infraction hours" means the times during a school day when the reduced
school speed zone speed limit under RCW 46.61.440 is in effect, as indicated by posted
signs, activated flashing beacons, or the presence of children as applicable to the particular
location. "Non-school-zone-infraction hours" means all other times.
E. Automated traffic safety cameras are approved at the following stoplight intersections:
1. 220th Street SW and SR 99;
2. 100th Avenue W and SR 104.
F. The itemization of intersections in subsection (E) of this section is solely for the purpose of
approving the locations of automated traffic safety cameras at stoplight intersections.
Subsection (E) of this section shall not be construed to limit the enforcement of violations
pertaining to school speed zone violations or speed zone violations on any roadway identified
in a school walk area as defined by RCW 28A.160.160 zone.
G. Automated traffic safety cameras located in school speed zones and on roadways within
school walk zones are authorized to operate twenty-four (24) hours per day, seven (7) days per
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week. Infractions detected by such cameras during school zone infraction hours shall be issued
as school speed zone infractions. Infractions detected by such cameras during non-school-zone-
infraction hours at locations within a school walk zone shall be issued as school walk zone
infractions.
Section 2. ECC 8.10.020 is amended to read as follows (new text is shown in underline;
deleted text is shown in strike through):
8.10.020 Notice of infraction.
A. A notice of infraction must be mailed to the registered owner of the vehicle within 14 days
of the violation, or to the renter of a vehicle within 14 days of establishing the renter's name
and address. A person receiving a notice of infraction based on evidence detected by an
automated traffic safety camera may respond to the notice by mail.
B. If the registered owner of the vehicle is a rental car business, the law enforcement agency
shall, before a notice of infraction is issued, provide a written notice to the rental car business
that a notice of infraction may be issued to the rental car business if the rental car business does
not, within 18 days of receiving the written notice, provide to the agency by return mail: (1) a
statement under oath stating the name and known mailing address of the individual driving or
renting the vehicle when the infraction occurred; or (2) a statement under oath that the business
is unable to determine who was driving or renting the vehicle when the infraction occurred; or
(3) in lieu of identifying the vehicle operator, the rental car business may pay the applicable
penalty. Timely mailing of this statement to the agency shall relieve the rental car business of
any liability under this chapter for the infraction.
C. The law enforcement officer issuing a notice of infraction shall include with it a certificate
or facsimile thereof, based upon the inspection of photographs, microphotographs or electronic
images produced by an automated traffic safety camera, citing the infraction and stating the
facts supporting the notice of infraction. This certificate or facsimile shall be prima facie
evidence of the facts contained in it and shall be admissible in a proceeding charging a violation
under this chapter. The photographs, microphotographs or electronic images evidencing the
violation must be available for inspection and admission into evidence in a proceeding to
adjudicate the liability for the infraction.
D. The registered owner of a vehicle is responsible for an infraction detected through the use
of an automated traffic safety camera unless the registered owner overcomes the presumption
set forth in ECC 8.10.030, or, in the case of a rental car business, satisfies the conditions under
subsection (B) of this section. If appropriate under the circumstances, a renter identified under
subsection (B) of this section is responsible for an infraction.
E. All photographs, microphotographs or electronic images prepared under this chapter are for
the exclusive use of law enforcement in the discharge of duties under this chapter and, as
provided in RCW 46.63.170(1)(i) RCW 46.63.220(11), they are not open to the public and may
not be used in a court in a pending action or proceeding unless the action or proceeding relates
to a violation under this chapter. No photograph, microphotograph or electronic image may be
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used for any purpose other than enforcement of violations under this chapter nor retained longer
than necessary to enforce this chapter.
Section 3. ECC 8.10.050 is amended to read as follows (new text is shown in underline;
deleted text is shown in strike through):
8.10.050 Fine.
A. The fine for a traffic control signal violation detected through the use of an automated traffic
safety camera shall be equal to the monetary penalty for a violation of RCW 46.61.050 as
provided under RCW 46.63.110, including all applicable statutory assessments. Whenever the
state of Washington increases the fine imposed for a violation of RCW 46.61.050, by legislation
or court rule, the city's fine shall be increased to an amount equal to the increase imposed by
legislation or court rule upon the effective date of such legislation or court rule.
A. The fine for a traffic control signal violation detected through the use of an automated traffic
safety camera shall be $145.00.
B. The amount of the fine issued for an infraction generated through the use of an automated
traffic safety camera may not exceed $145.00, as adjusted for inflation by the office of financial
management every five years, beginning January 1, 2030, based upon changes in the consumer
price index during that time period.
B. Fines for school speed zone and school walk zone infractions.
1. School speed zone infractions. The fine for a school speed zone infraction detected
through the use of an automated traffic safety camera during school zone infraction hours
shall be:
a. Zero (0) to five (5) miles per hour over the posted school speed zone speed limit:
no infraction issued.
b. Six (6) to ten (10) miles per hour over the posted school speed zone speed limit:
$200.00.
c. Greater than ten (10) miles per hour over the posted school speed zone speed
limit: $290.00.
2. School walk zone infractions. The fine for a school walk zone infraction detected through
the use of an automated traffic safety camera during non-school-zone-infraction hours shall
be:
a. Zero (0) to six (6) miles per hour over the posted speed limit: no infraction issued.
b. Greater than six (6) miles per hour over the posted speed limit: $144.00.
C. Statutory cap and future adjustments. No fine imposed under this section shall exceed the
maximum fine permitted under RCW 46.63.220(16), as it may be amended from time to time.
Whenever the state of Washington, by legislation or court rule, changes the maximum fine that
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may be imposed for an infraction detected by an automated traffic safety camera, the fines set
forth in this section shall be automatically adjusted as necessary to remain within the maximum
permitted under state law upon the effective date of such legislation or court rule; provided,
however, that no fine set forth in this section shall be increased solely by operation of this
paragraph without further action by the City Council.
DC. Registered owners of vehicles who receive notices of infraction for automated traffic safety
camera-enforced infractions and are recipients of public assistance under RCW Title 74 or
participants in the Washington Women, Infants, and Children (WIC) Nutrition Program, and
who request reduced penalties for infractions detected through the use of automated traffic
safety camera violations, must be granted reduced penalty amounts of fifty percent (50%) of
what would otherwise be assessed for a first automated traffic safety camera violation and for
subsequent automated traffic safety camera violations issued within twenty-one (21) days of
issuance of the first automated traffic safety camera violation. Eligibility for Medicaid under
RCW 74.09.510 is not a qualifying criterion under this subsection. Registered owners of
vehicles who receive notices of infraction must be provided with information on their eligibility
and the opportunity to apply for a reduction in penalty amounts through the mail or internet.
Section 4. Severability. If any section, sentence, clause or phrase of this ordinance should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this ordinance.
Section 5. Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, 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/AUTHENTICATED:
____________________________________
CITY CLERK, LUKE LONIE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
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____________________________________
BY: JEFF TARADAY
FILED WITH THE CITY CLERK: _______________
PASSED BY THE CITY COUNCIL: _______________
PUBLISHED: _______________
EFFECTIVE DATE: _______________
ORDINANCE NO. _______________
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