Resolution 1367RESOLUTION NO. 1367
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS,
WASHINGTON, EXPRESSING INTENT TO REMOVE THE CITY COUNCIL
AND OTHER VOLUNTEER CITIZEN BOARDS FROM QUASI-JUDICIAL
PERMIT PROCESSING TO THE EXTENT ALLOWED BY LAW UPON
ADOPTION OF THE REVISED EDMONDS COMMUNITY DEVELOPMENT
CODE.
WHEREAS, the city has undertaken a comprehensive review of the city's land use permit
processing regulations; and
WHEREAS, the city council has played a quasi-judicial role in certain land use permits for many
years; and
WHEREAS, the city council has been deliberating whether to continue serving in that role; and
WHEREAS, the city council understands that many citizens want the city council to serve in a
quasi-judicial role, believing that the council would be more responsive to the desires of the
public than a hearing examiner who is not elected; and
WHEREAS, that desire of some of the public underscores one of the main difficulties with the
council serving in that role, namely, that the council may be pressured to make a decision that
may be contrary to the standards that the council has adopted to govern such decision -making;
and
WHEREAS, that difficulty also increases the legal risk to both city and to the councilmembers
themselves; and
WHEREAS, council engagement in quasi-judicial decision -making also prevents the city council
from being able to freely discuss pending land use matters with constituents and suggests that
councilmembers should not testify before the hearing examiner out of concern that they might
later need to recuse themselves in the event of an appeal to the city council; and
WHEREAS, the city council believes that it can adopt additional procedures that will ensure that
the city council stays abreast of pending land use applications and that the public interest in
access to justice is adequately addressed; now therefore
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY
RESOLVES AS FOLLOWS:
Section 1, The city council intends to adopt revisions to the Edmonds Community Development
Code that will remove quasi-judicial decision -making responsibility from the city council and
other volunteer citizen boards to the extent allowed by state law.
Section 2. The city council hereby requests that city staff and the planning board prepare and
forward to the city council revisions to the Edmonds Community Development Code that are
consistent with this resolution.
RESOLVED this 9ch day of August, 2016.
F EDMONDS
YOR, DAVE EARLING
ATTEST:
CITY CLERK, S OTT SSEY
FILED WITH THE CITY CLERK: August 5, 2016
PASSED BY THE CITY COUNCIL: August 9, 2016
RESOLUTION NO. 1367