On the agenda: Enumclaw meeting — Flock camera (Oct 12)

1. 10.12.2026 Agenda Only
Documents:
10.12.2026 AGENDA ONLY.PDF
2. 10.12.2026 Agenda Packet
Documents:
10.12.2026 AGENDA PACKET.PDF

AGENDA
REGULAR MEETING
ENUMCLAW CITY COUNCIL
October 12, 2026 ~ 6:00 p.m. ~ Enumclaw City Hall
1. CALL TO ORDER, FLAG SALUTE, AND ATTENDANCE:
2. ADJUSTMENTS TO THE AGENDA:
3. MOTION TO APPROVE MINUTES AS PUBLISHED:
A. Council Minutes 9/28/26
B. Budget Workshop Minutes 10/5/26
4. ANNOUNCEMENTS AND PRESENTATIONS:
A. COMMUNITY EVENTS
1. Enumclaw High School’s Homecoming Parade, Friday, October 23, 4:00 p.m. - 4:30 p.m.,
Downtown Cole St.
5. COMMENTS FROM THE AUDIENCE: (Please Limit Comments to Three Minutes)
6. PUBLIC HEARING:
7. TABLED BUSINESS:
8. COUNCIL COMMITTEE REPORTS:
A. Community & Economic Development - LaFleur, Chair; Martinell, Koopman Frazier
B. Community Services - Koopman Frazier, Chair; Smith, Stanley
C. Finance & Technology - Koopman Frazier, Chair; Smith, Stanley
D. Public Safety - Martinell, Chair; Solmonsen-Waterhouse, Storton
E. Public Works - LaFleur, Chair; Solmonsen-Waterhouse, Storton
F. Chamber of Commerce - Martinell, Liaison; Solmonsen-Waterhouse, Alternate
G. Sound Cities Association (SCA) - Storton, Liaison; Martinell, Alternate
H. Metropolitan Solid Waste Advisory Committee - Storton, Liaison
9. CONSENT AGENDA…………………………………………………….…...Motion to Approve
A. VOUCHER AND PAYROLL CERTIFICATION
1. Accounts Payable Vouchers # 243940-244214 - $2,192,411.13; Void Check #s 243940,
244024 ($53,636.40)
2. August 2026 Payroll Voucher # 29149 - $2,326.62; Payroll Direct Deposits - $779,855.88;
Payroll Tax and Benefits - $683,969.24
3. ACH & Wire Transactions - $1,225,865.14
B. PROJECT ACCEPTANCE
1. Mashell River Construction - City Hall Semiquincentennial Flagpole
10. GENERAL BUSINESS:
A. RESOLUTIONS
1. Resolution No. 1886 - Quasi-Judicial Hearing Procedures
a. City Clerk Reads Resolution by Title Only
b. Staff Report: Joanna Eide, City Attorney
c. Council Committee Report:
d. Council Comments:
e. Council Action:

B. GENERAL ITEMS
1. Routine Reports
a. Finance: Sales Tax Report
11. UNFINISHED BUSINESS:
12. NEW BUSINESS:
13. EXECUTIVE SESSION:
14. BUDGET DISCUSSION:
A. PRESENTATIONS
1. Arts Alive - Dan Devries, Gallery Manager
2. Enumclaw Plateau Farmers Market - Denise Swafford, President
3. Plateau Kids Network - Maryn Otto, President
4. Enumclaw Plateau Historical Society - Rich Elfers, Co-President
B. OPENING REMARKS AND FOLLOW-UP FROM 10/5/26 WORKSHOP - Anthony Wright,
Mayor
C. BUDGET REVIEW AND COUNCIL DISCUSSION - Kristan Reed, Finance Director
15. ADJOURNMENT:
BUDGET CALENDAR

Mon., October 19
Council Workshop 6pm
Mon., October 26
During Regular Meeting 6pm

Council discussion and motions
Council discussion and motions, if needed

THIS MEETING BROADCAST AND STREAMED LIVE VIA ECTV CHANNEL 21
City Council meetings are wheelchair accessible; parking area available by north door of City Hall.
Public comment may be submitted in writing by emailing the City Clerk at [email protected] by
4:00 p.m. on the day of the meeting. If accommodations are needed, including virtual access to provide
public comment, please contact the City Clerk by the same deadline listed above at 360-615-5608 or by
the email provided.

1

REGULAR MEETING
ENUMCLAW CITY COUNCIL
October 12, 2026 ~ 6:00 p.m. ~ Enumclaw City Hall
1. CALL TO ORDER, FLAG SALUTE, AND ATTENDANCE:
2. ADJUSTMENTS TO THE AGENDA:
3. MOTION TO APPROVE MINUTES AS PUBLISHED:
A. Council Minutes 9/28/26 (page 3)
B. Budget Workshop Minutes 10/5/26 (page 7)
4. ANNOUNCEMENTS AND PRESENTATIONS:
A. COMMUNITY EVENTS
1. Enumclaw High School’s Homecoming Parade, Friday, October 23, 4:00 p.m. - 4:30 p.m.,
Downtown Cole St.
5. COMMENTS FROM THE AUDIENCE: (Please Limit Comments to Three Minutes)
6. PUBLIC HEARING:
7. TABLED BUSINESS:
8. COUNCIL COMMITTEE REPORTS:
A. Community & Economic Development - LaFleur, Chair; Martinell, Koopman Frazier
B. Community Services - Koopman Frazier, Chair; Smith, Stanley
C. Finance & Technology - Koopman Frazier, Chair; Smith, Stanley
D. Public Safety - Martinell, Chair; Solmonsen-Waterhouse, Storton
E. Public Works - LaFleur, Chair; Solmonsen-Waterhouse, Storton
F. Chamber of Commerce - Martinell, Liaison; Solmonsen-Waterhouse, Alternate
G. Sound Cities Association (SCA) - Storton, Liaison; Martinell, Alternate
H. Metropolitan Solid Waste Advisory Committee - Storton, Liaison
9. CONSENT AGENDA…………………………………………………….…...Motion to Approve
A. VOUCHER AND PAYROLL CERTIFICATION
1. Accounts Payable Vouchers # 243940-244214 - $2,192,411.13; Void Check #s 243940,
244024 ($53,636.40)
2. August 2026 Payroll Voucher # 29149 - $2,326.62; Payroll Direct Deposits - $779,855.88;
Payroll Tax and Benefits - $683,969.24
3. ACH & Wire Transactions - $1,225,865.14
B. PROJECT ACCEPTANCE
1. Mashell River Construction - City Hall Semiquincentennial Flagpole (page 9)
10. GENERAL BUSINESS:
A. RESOLUTIONS
1. Resolution No. 1886 - Quasi-Judicial Hearing Procedures (page 13)
a. City Clerk Reads Resolution by Title Only
b. Staff Report: Joanna Eide, City Attorney
c. Council Committee Report:
d. Council Comments:
e. Council Action:

2
B. GENERAL ITEMS
1. Routine Reports
a. Finance: (page 31) Sales Tax Report
11. UNFINISHED BUSINESS:
12. NEW BUSINESS:
13. EXECUTIVE SESSION:
14. BUDGET DISCUSSION:
A. PRESENTATIONS
1. Arts Alive - Dan Devries, Gallery Manager
2. Enumclaw Plateau Farmers Market - Denise Swafford, President
3. Plateau Kids Network - Maryn Otto, President
4. Enumclaw Plateau Historical Society - Rich Elfers, Co-President
B. OPENING REMARKS AND FOLLOW-UP FROM 10/5/26 WORKSHOP - Anthony Wright,
Mayor
C. BUDGET REVIEW AND COUNCIL DISCUSSION - Kristan Reed, Finance Director
15. ADJOURNMENT:
BUDGET CALENDAR

Mon., October 19
Council Workshop 6pm
Mon., October 26
During Regular Meeting 6pm

Council discussion and motions
Council discussion and motions, if needed

THIS MEETING BROADCAST AND STREAMED LIVE VIA ECTV CHANNEL 21
City Council meetings are wheelchair accessible; parking area available by north door of City Hall.
Public comment may be submitted in writing by emailing the City Clerk at [email protected] by
4:00 p.m. on the day of the meeting. If accommodations are needed, including virtual access to provide
public comment, please contact the City Clerk by the same deadline listed above at 360-615-5608 or by
the email provided.

3

City of Enumclaw
1339 Griffin Avenue
Enumclaw, Washington 98022

City Council Regular Session
City Hall Council Chambers
September 28, 2026, 7:00 p.m.

1. CALL TO ORDER AND FLAG SALUTE:
Mayor Pro Tem Martinell called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance.
Councilmember Koopman Frazier announced Councilmember LaFleur was absent.
KOOPMAN FRAZIER MOVED TO EXCUSE COUNCILMEMBER LAFLEUR FROM THE
MEETING. SMITH SECONDED. MOTION CARRIED 6-0.
ATTENDANCE:
Councilmembers Corrie Koopman Frazier, Amber Stanley, Ed Storton, Sabrina SolmonsenWaterhouse, Brodie Smith, and Jan Martinell were present. Also, present were City Administrator
Chris Searcy, City Attorney Joanna Eide, City Clerk Jessica Rose, Police Chief Tim Floyd, Finance
Director Kristan Reed, and Media Services Technician Zoie Raum.
2. ADJUSTMENTS TO THE AGENDA:
Mayor Pro Tem removed item 4.C.1 Community Events
Council consensus to approve agenda as amended.
3. MOTION TO APPROVE MINUTES AS PUBLISHED:
A. Council Minutes 9/14/26
KOOPMAN FRAZIER MOVED TO APPROVE THE SEPTEMBER 14, 2026, COUNCIL
MEETING MINUTES AS PUBLISHED. STORTON SECONDED. MOTION CARRIED 6-0.
4. ANNOUNCEMENTS AND PRESENTATIONS:
A. ANNOUNCEMENTS
1. Coffee with the Mayor, Monday, October 5, 9:00 a.m. - 10:00 a.m., City Hall, Council
Chambers
2. Proclamations
a. Mental Illness Awareness Month
Mayor Pro Tem noted the announcements.
B. PRESENTATIONS
1. Plateau Kids Network - Maryn Otto, President
Otto presented Council with an update on the outside agency funding that was provided for Plateau
Kids Network.
2. KCLS Enumclaw Library Update - PhilisAnn Bodle, Interim Regional Manager
Bodle provided Council with an update on the Enumclaw library.
C. COMMUNITY EVENTS
REMOVED: 1. BBQ, Brews & Brats, Saturday, September 26, 12:00 p.m. - 7:00 p.m., Sunday September
27, 11:00 a.m. - 5:00 p.m., Expo Center
5. COMMENTS FROM THE AUDIENCE: (Please Limit Comments to Three Minutes)
Barbara Hickey, who resides outside city limits, stated her concerns regarding tennis court at Rainier
Trails Park.
Nicole Edwards, who resides within city limits, stated her concerns regarding Flock cameras.
City Council Regular Meeting
September 28, 2026
Page 1 of 4

4
6. PUBLIC HEARING:
None
7. TABLED BUSINESS:
None
8. COUNCIL COMMITTEE REPORTS:
A. Community & Economic Development - LaFleur, Chair; Martinell, Koopman Frazier
Koopman Frazier stated the Committee has not met since the last meeting. The next meeting is
scheduled for Monday, October 12, at 4:30 p.m. at Stevenson Yerxa.
B. Community Services - Koopman Frazier, Chair; Smith, Stanley
Koopman Frazier stated the Committee last met on September 21. They discussed a proposal for an art
wall, parade barricades, aquatic coil door, Evergreen Club lease amendment, Unlimited Play
agreement, and Cole Street gates. The next meeting is scheduled for Monday, October 19, at 5:00 p.m.
at Stevenson Yerxa.
C. Finance & Technology - Koopman Frazier, Chair; Smith, Stanley
Koopman Frazier stated the Committee last met on September 28. They discussed routine vouchers,
Ordinance No. 2843, IT salary proposals, and technology updates on the jail roster and GPS vehicle
location. The next meeting is scheduled for Monday, October 12, at 5:30 p.m. in the Finance
Department.
D. Public Safety - Martinell, Chair; Solmonsen-Waterhouse, Storton
Martinell stated the Committee has not met since the last meeting. The next meeting is scheduled for
Monday, October 19, at 5:00 p.m. at the Police Department.
E. Public Works - LaFleur, Chair; Solmonsen-Waterhouse, Storton
Solmonsen-Waterhouse stated the Committee last met on September 28. They were given a
presentation by WSDOT regarding 164 and vision plan and utility rate increase. The next meeting is
scheduled for Monday, October 12, at 5:30 p.m. at Stevenson-Yerxa.
F. Chamber of Commerce - Martinell, Liaison; Solmonsen-Waterhouse, Alternate
Martinell stated the Chamber has not met since the last meeting. The next meeting is scheduled for
Wednesday, October 14, at 8:00 a.m. at the Enumclaw School District Office.
G. Sound Cities Association - Storton, Liaison; Martinell, Alternate
Storton stated the SCA has not met since the last meeting. The next meeting is scheduled for
Wednesday, October 14, at 7:00 p.m. at Renton City Hall.
9. CONSENT AGENDA………………………………………….……………...Motion to Approve
A. VOUCHER AND PAYROLL CERTIFICATION
1. Accounts Payable Vouchers #243777-243987 - $1,910,175.81; Void Check #s 242754,
248871 ($175,649.19)
2. July 2026 Payroll Voucher #29147-29148 - $1,218.38; Payroll Direct Deposits $791,997.43; Payroll Tax and Benefits - $767,637.35
3. ACH & Wire Transactions - $240,569.54
B. SET PUBLIC HEARINGS
1. 2027 Property Tax Levy Public Hearings, Mondays, November 9 and November 23, 7:00
p.m., City Hall Council Chambers
2. 2027 Preliminary Budget Public Hearings, Mondays, November 9 and November 23, 7:00
p.m., City Hall Council Chambers
City Council Regular Meeting
September 28, 2026
Page 2 of 4

5

C. PROFESSIONAL SERVICE AGREEMENT
1. Ridge and Terri Horton - The Evergreen Club Lease Agreement
D. BUDGET AUTHORIZATION
1. Christmas Parade Barricades
2. Coil Door for Aquatic Center
KOOPMAN FRAZIER MOVED TO APPROVE THE CONSENT AGENDA. STORTON
SECONDED. MOTION CARRIED 6-0.
10. GENERAL BUSINESS:
A. ORDINANCES
1. Ordinance No. 2843 – 2026 2nd Budget Amendment
City Clerk Reads Ordinance by Title Only for the 2nd Reading
ORDINANCE NO. 2843
AN ORDINANCE OF THE CITY OF ENUMCLAW, WASHINGTON, AMENDING THE
ANNUAL OPERATING BUDGET ORDINANCE NO. 2841 FOR THE FISCAL YEAR 2026 AND
RECONCILING THE DIFFERENCES BETWEEN ESTIMATED BEGINNING FUND BALANCES
AND ACTUAL BEGINNING FUND BALANCES AND MOVING THOSE AMOUNTS TO
ESTIMATED ENDING FUND BALANCES.
Staff Report:
Reed stated that there were a few additions since the first reading which included the therapeutic court
grant, engineering for the aquatic roll up door, move downtown garbage expenses from the general
fund to the street fund, corrected a 2026 one sided transfer, and increased equipment rental expenses
due to higher fuel prices.
Council Committee Report:
Koopman Frazier stated the Finance Committee has reviewed and is in approval.
Council Comments:
None
Council Action:
KOOPMAN FRAZIER MOVED TO APPROVE ORDINANCE NO. 2843, 2026 2ND BUDGET
AMENDMENT. SMITH SECONDED. MOTION CARRIED 6-0.
11. UNFINISHED BUSINESS:
None
12. NEW BUSINESS:
None
13. EXECUTIVE SESSION:
A. Potential Litigation per RCW 42.30.110(1)(i) - Estimated Time 10 Minutes
MAYOR PRO TEM RECESSED THE MEETING AT 7:37 P.M.
COUNCIL EXITED THE CONFERENCE ROOM AT 7:47 P.M.
MAYOR PRO TEM RECONVENED THE MEETING AT 7:47 P.M.
14. ADJOURNMENT:
KOOPMAN FRAZIER MOVED TO ADJOURN THE MEETING. SMITH SECONDED.
MOTION CARRIED 6-0.
City Council Regular Meeting
September 28, 2026
Page 3 of 4

6

Meeting adjourned at 7:48 p.m.
Respectfully Submitted,
Jessica Rose
City Clerk
Date Minutes Approved: ___________

City Council Regular Meeting
September 28, 2026
Page 4 of 4

7

City of Enumclaw
1339 Griffin Avenue
Enumclaw, Washington 98022

City Council Budget Workshop
City Hall Council Chambers
October 5, 2026, 6:00 p.m.

1. CALL TO ORDER:
Mayor Wright called the meeting to order at 6:00 p.m. Mayor stated Councilmember LaFleur was
absent. Councilmember Martinell entered the Chambers at 6:00 p.m.
ATTENDANCE:
Councilmembers Jan Martinell, Corrie Koopman Frazier, Sabrina Solmonsen-Waterhouse, Ed Storton,
Brodie Smith, and Amber Stanley. Also present were Mayor Anthony Wright, City Administrator
Chris Searcy, City Clerk Jessica Rose, Finance Director Kristan Reed, and Media Services Technician
Zoie Raum.
2. PRESENTATIONS:
A. Enumclaw Expo and Events Association - Rene Popke, General Manager
Popke spoke to Council on the 2027 funding requests that the Junior 4H and the Expo Center have
submitted.
B. Enumclaw Plateau Historical Society - Rich Elfers, President
Elfers was not in attendance.
C. Chamber of Commerce - Kerry Solmonsen, Executive Director
Solmonsen spoke to Council on the 2027 funding requests that the Chamber have submitted.
D. Green River College - Kevin Grossman, Certified Business Advisor
Grossman spoke to Council on the 2027 funding request that the Green River College has submitted
E. Apex Racing - Harrison Magun, Representative/Grant Coordinator
Magun spoke to Council on the 2027 funding request that Apex has submitted.
In response to a question by Martinell, Reed stated that the City gets back 0.6% on the lodging funds.
In response to a question by Storton, Magun stated that this is a one-time request.
In response to questions by Koopman Frazier, Magun stated that dependent on the finances will
determine if they will still hold the race if their funding application is not granted. They have a person
within their group that has their own sound system that they use.
3. OPENING REMARKS ON PRELIMINARY BUDGET:
Mayor read his letter regarding the 2027 preliminary budget.
4. 2027 PRELIMINARY BUDGET OVERVIEW:
Searcy provided an overview of the preliminary budget.
5. BUDGET REVIEW PRESENTATON:
Searcy gave a PowerPoint presentation that outlined the major changes of the 2027 preliminary budget.
6. LTAC RECOMMENDATIONS:
Reed informed the Council what the Lodging Tax Advisory Committee (LTAC) has recommended for
the 2027 funding. They recommend the following:
- Expo Center - $7,000
- Visit Rainier - $7,000
- Chamber of Commerce - $4,300
City Council Budget Workshop
October 5, 2026
Page 1 of 2

8
-

Apex Racing - $0

7. COUNCIL DISCUSSION:
The following Council discussion took place:
- Additional line items added for certain outside agencies due to the decrease of lodging tax
funds,
- The second budget amendment is reflected in the budget, however the last consent agenda is
not,
- Overview of project possibilities with the 2027 budget,
- Renting versus owning parade barricades,
- Possible upgrades to Arts Alive along with the Chamber building,
- Funding options for Apex Racing,
- Rainier Trails Tennis Court resurfacing,
KOOPMAN FRAZIER MOVED TO ADD $60,000 TO THE PRELIMINARY BUDGET TO
RESURFACE THE RAINIER TRAILS TENNIS COURT. SMITH SECONDED. MOTION
CARRIED 6-0.
8. EXECUTIVE SESSION:
None
9. ADJOURNMENT:
The Mayor adjourned the workshop at 8:23 p.m.
Respectfully Submitted,

Jessica Rose
City Clerk
Date Minutes Approved: ___________

City Council Budget Workshop
October 5, 2026
Page 2 of 2

ITEM# 2026.078

City Council
AGENDA BILL
Meeting Date: 10/12/2026
Subject: Contract Acceptance – City Hall Semiquincentennial Flagpole
BUDGET IMPACT:

Category: CONSENT

Expenditure Budget:
Revenue Budget:
Proposed Budget Amendment:

$
$
$

Related Ordinance or Resolution No.
Attachments: Staff Report
Staff Contact: Brian S. Spindor, P.E., Public Works Director

Summary/Background:
The 2026 budget had $100,000 budgeted from facility funds for the City Hall Semiquincentennial Flagpole project. On
April 13th, 2026, Mashell River Construction was awarded the City Hall Semiquincentennial Flagpole contract in the
amount of $87,731.92 with a 15% contingency. This project included removal and replacement of cement concrete
sidewalks, installation of 50 foot flagpole and foundation, brick masonry work, electrical trenching and lighting
installation around flagpole on City Hall property in the City of Enumclaw, WA.
Notice to proceed was issued on May 11th, 2026, and the project was determined to be substantially complete on July
3rd, 2026. The overall contract amount came in at $95,393.81, which is approximately 9% over the original contract
amount. Additional costs can mainly be attributed to increasing thickness of concrete slabs and additional electrical work
required for outdoor lighting needs during the course of the project. The project was completed on time within the allotted
working days.
Staff recommends Council accept the City Hall Semiquincentennial Flagpole contract as complete.

Recommendations:
Date Sent to Committee: 10/12/2026 Date Returned: 10/12/2026
Council Committee: To be provided at the October 12th meeting
Staff: Approve
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
APPROVED

1ST reading

DENIED

Enactment reading

TABLED / DEFERRED / NO ACTION

ORDINANCE #

N/A

MOVED TO SECOND READING (Ordinances only)

RESOLUTION #

N/A

10/12/26

9

10

11

Staff Report
Department of Public Works
TO:

Mayor / City Council

FROM:

Brian S. Spindor, P.E., Public Works Director

DATE:

October 12, 2026

SUBJECT:

Contract Acceptance – City Hall Semiquincentennial Flagpole

Background:
The 2026 budget had $100,000 budgeted from facility funds for the City Hall Semiquincentennial
Flagpole project. On April 13th, 2026, Mashell River Construction was awarded the City Hall
Semiquincentennial Flagpole contract in the amount of $87,731.92 with a 15% contingency. This
project included removal and replacement of cement concrete sidewalks, installation of 50 foot
flagpole and foundation, brick masonry work, electrical trenching and lighting installation around
flagpole on City Hall property in the City of Enumclaw, WA.
Analysis:
Notice to proceed was issued on May 11th, 2026, and the project was determined to be substantially
complete on July 3rd, 2026. The overall contract amount came in at $95,393.81, which is approximately
9% over the original contract amount. Additional costs can mainly be attributed to increasing thickness
of concrete slabs and additional electrical work required for outdoor lighting during the course of the
project. The project was completed on time within the allotted working days.
King County awarded a grant through the External Support Grant Program in the amount of
$100,000.00. The breakdown between the King County Grant and City Funds were as follows:
2528 Progress Payment 1 Mashelll
2528 Progress Payment 2 Mashelll
2528 Flagpole
2528 Wellhead Lights
2528 Plaque Purchase
2528 Miscellaneous
TOTAL

King County Grant
$
41,468.51
$
40,093.20 $
$
9,373.29
$
9,065.00
$
$
$
100,000.00 $

City Funds
13,832.10

2,441.60
11,160.16
27,433.86

The remaining $72,566.14 of the $100,000 budget will be used to complete the street clock purchase
and installation at the intersection of Initial Ave and Cole St.
Recommendation:
Staff recommends Council accept the City Hall Semiquincentennial Flagpole contract as complete.

12

ITEM# 2026.079

13

City Council
AGENDA BILL
Meeting Date: 10/12/2026
Subject: Council Procedures for Quasi-Judicial Proceedings and the Appearance of Fairness Doctrine.
BUDGET IMPACT:

Category: RESOLUTION

Expenditure Budget:
Revenue Budget:
Proposed Budget Amendment:

0
0
0

Related Ordinance or Resolution No.
Attachments: Staff Report, Draft Resolution, Exhibit A and Exhibit B
Staff Contact: Joanna Eide, City Attorney

Summary/Background:
Resolution No. 1886 proposes Council procedures for quasi-judicial proceedings and the Appearance of
Fairness Doctrine. Such procedures are necessary to ensure the smooth, legally compliant, and uniform
handling of quasi-judicial matters/reviews that may come before the Council pursuant to applicable portions of
the Enumclaw Municipal Code.

Recommendations:
Date Sent to Committee: N/A Date Returned: N/A
Council Committee:
Staff: Approve
(BELOW TO BE COMPLETED BY CITY CLERK’S OFFICE)
COUNCIL ACTION:
APPROVED

1ST reading

DENIED

Enactment reading

TABLED / DEFERRED / NO ACTION

ORDINANCE #

MOVED TO SECOND READING (Ordinances only)

RESOLUTION #

10/12/26

1886

14

15

Staff Report
Department of Community Development
TO:

Mayor / City Council

FROM:

Joanna Eide, City Attorney

DATE:

October 12, 2026

SUBJECT:

Resolution No. 1886 – Council Procedures for Quasi-Judicial Proceedings
and the Appearance of Fairness Doctrine.

Background:
The Enumclaw City Council (“Council”), pursuant to Chapter 15.20 of the Enumclaw Municipal Code
(“EMC”), performs quasi-judicial functions in reviewing appeals for Type III permits, except for
variances which are subject to judicial review by Superior Court. While such appeals may be filed and
reviewed by Council pursuant to the EMC, the Council lacks defined procedures for such proceedings
as well as formally adopted policies regarding the Appearance of Fairness Doctrine, applicable to the
Council and members thereof under state law.
Analysis:
Quasi-judicial actions or reviews are actions of the Council which determine the legal rights, duties, or
privileges of specific parties in a hearing or other contested proceeding as opposed to legislative actions
adopting, amending, or revising comprehensive, community, or neighborhood plans or other land use
planning documents or the adoption of area-wide zoning ordinances or the adoption of a zoning
amendment that is of area-wide (versus site-specific) significance. See Revised Code of Washington
(“RCW”) 42.36.010. The Appearance of Fairness Doctrine applies to quasi-judicial actions of the
Council per RCW 42.36.010.
Establishing procedures for quasi-judicial matters that may come before the Council for review and
decision and the Appearance of Fairness Doctrine applying to such matters will be beneficial to ensure
the Council, City staff, applicants, appellants, and the general public have clear guidance on and
increased understanding of these proceedings. Further, such policies and procedures will promote
clearer understanding of the Council, City staff, applicants, appellants, and the general public regarding
the requirements of and restrictions on the same and will promote uniform processing and
consideration of such appeals.
The City Attorney, with input from the Community Development Director, developed these proposed
Council Procedures based on a survey of similar procedures in other Washington state local
jurisdictions, as well as the requirements listed in the EMC and state law.
Recommendation:
City staff recommends the Council approve Resolution 1886 to adopt the Council Procedures on to
ensure the Council, City staff, applicants, appellants, and the general public have clear guidance on
and increased understanding of these proceedings

16
RESOLUTION NO. 1886
A RESOLUTION OF THE CITY OF ENUMCLAW, KING COUNTY, WASHINGTON
ESTABLISHING COUNCIL PROCEDURES FOR QUASI-JUDICIAL PROCEEDINGS AND
THE APPEARANCE OF FAIRNESS DOCTRINE.
Whereas, the Enumclaw City Council (“Council”), pursuant to Chapter 15.20 of the
Enumclaw Municipal Code (“EMC”), performs quasi-judicial functions in reviewing appeals
for Type III permits, except for variances which are subject to judicial review by Superior
Court; and
Whereas, Quasi-judicial actions or reviews are defined as actions of the Council
which determine the legal rights, duties, or privileges of specific parties in a hearing or other
contested proceeding as opposed to legislative actions adopting, amending, or revising
comprehensive, community, or neighborhood plans or other land use planning documents
or the adoption of area-wide zoning ordinances or the adoption of a zoning amendment that
is of area-wide (versus site-specific) significance; and
Whereas, the Appearance of Fairness Doctrine applies to quasi-judicial actions of
the Council per Revised Code of Washington (“RCW”) 42.36.010; and
Whereas, establishing procedures for quasi-judicial matters that may come before
the Council for review and decision and the Appearance of Fairness Doctrine applying to
such matters will be beneficial to ensure the Council, City staff, applicants, appellants, and
the general public have clear guidance on and increased understanding of these
proceedings and the requirements of and restrictions on the same and will promote uniform
processing and consideration of such appeals; and
Whereas, the Council finds that adoption of Council Policies and Procedures related
to quasi-judicial proceedings and the Appearance of Fairness doctrine are in the best
interest of the City, City staff, applicants, appellants, and the general public;
Resolution No. 1877
Draft No.: 1
Draft Date: 4/29/2026
By: Community Development

Page 1

17
Now, therefore, the City Council of the City of Enumclaw, King County,
Washington does hereby resolve as follows:
Section 1:

Council Procedure for Quasi-Judicial Proceedings.

The City

Council hereby adopts the Council Procedure for quasi-judicial proceedings attached hereto
and incorporated in full as Exhibit A.
Section 2:

Council Policies and Procedures on the Appearance of Fairness

Doctrine. The City Council hereby adopts the Council Policies and Procedure regarding
the Appearance of Fairness Doctrine attached hereto and incorporated in full as Exhibit B.
Section 3:

If any provision of this resolution, and/or attachments is determined to

be invalid or unenforceable for any reason, the remaining provisions of this resolution
and/or the attachments shall remain in force and effect.
PASSED IN REGULAR AND OPEN SESSION this __ day of __________, 2026.

Mayor Anthony Wright
INTRODUCED
PASSED
APPROVED
PUBLISHED

Attested:

Approved to Form:

Jessica Rose
City Clerk

____________________________
Joanna Eide
City Attorney

Resolution No. 1877
Draft No.: 1
Draft Date: 4/29/2026
By: Community Development

Page 2

18
Enumclaw City Council Procedure
Quasi-Judicial Proceedings
1. Introduction.
The procedure for public hearings for appeals of matters subject to quasi-judicial reviews by the
Enumclaw City Council (“Council”) shall be substantially as provided in this Council Procedure.
Such quasi-judicial appeals are generally related to land use matters, involving the applicant(s) for
a land use action or permit and appellants, generally persons or entities challenging such actions
or permits. Accordingly, the City will refer to the party that is the proponent of the appeal/review
as “Appellant” and the respondent to the Appellant’s appeal/review as “Applicant.” Collectively,
Appellant and Applicant may be referred to as “parties.”
Pursuant to Enumclaw Municipal Code 15.06.070 and 15.22.100, a decision of the hearing
examiner decision involving a Type III permit, other than variances which may be judicially
appealed per RCW 36.70C.040, may be appealed to the City Council as a closed record appeal.
The scope of such an appeal shall be based principally on matters or issues raised in the statement
of appeal.

2. Upon Filing of an Appeal Subject to Quasi-Judicial Review by City Council.
The Community Development Director shall review the filed appeal and determine (1) whether
such appeal is timely and correctly filed meeting the requirements of the Enumclaw Municipal
Code (“EMC”) and applicable state law (“RCW”), and (2) whether the appeal is provided in the
form and contains the information as required by the EMC and applicable RCWs. See EMC
15.22.100.
If the appeal was not timely filed by the required deadlines as outlined in the EMC and RCW, or
the appeal was not provided in the form or does not include the information as required by the
EMC and applicable RCWs, the Community Development Director shall issue a written denial of
the appeal request stating the reasons for such denial and provide the same to the Appellant and
the Applicant.
If the appeal is timely filed and meets the required form and contents for an appeal under the EMC
and RCW, the Community Development Director shall send written notice to the Appellant and
the Applicant confirming that a valid appeal has been received by the City, a copy of this procedure
and information regarding the Appearance of Fairness Doctrine and the prohibition on ex parte
contact on the matter with the Council, limitations on the record that may be reviewed by Council,
and information regarding the next steps for such proceedings before the Council. Such
information and the contents of the appeal shall also be provided to the City Council, with copies
to the Mayor, City Administrator, and City Clerk.

Enumclaw City Council Procedure
Quasi-Judicial Proceedings
October 2026
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19
The Community Development Director shall work with the Mayor, City Administrator, City Clerk,
and the Council, as appropriate, to determine when the Public Hearing may be scheduled to be
heard by the Council, which may occur at a regular or special meeting thereof. The Community
Development Director shall coordinate with the City Clerk to arrange for the proper public notices,
including publication in a newspaper of general circulation as required by the EMC and RCW.
Public notices shall comply with EMC Chapter 15.30. The Appellant and Applicant shall receive
direct notice of the time, date, and location for the Public Hearing once the same is scheduled. If
the public hearing is cancelled or rescheduled a notice shall be published regarding the cancellation
and the date, time, and location for the rescheduled public hearing consistent with public notice
requirements under state law and EMC.

3. Pre-Hearing Items.
3.1. Appearance of Fairness and Closed Record Appeal.
Upon receiving notice of the appeal, Council members shall avoid activities that could indicate
bias and adhere to the Appearance of Fairness Doctrine and Council Procedure regarding the same
as adopted by Council. Any Council member who engages in activities that violate these
requirements may be disqualified from the decision of the quasi-judicial proceedings. Prior to the
Public Hearing before the Council, ex parte contact between the Council or members of Council
and the Appellant or Applicant is strictly prohibited as violative of the Appearance of Fairness
Doctrine.
Council members shall report any actual, indirect, or potential conflict of interest to the City
Attorney. Council members having such conflicts may be disqualified from the decision-making
process as may be determined by the City Attorney.
As these proceedings are closed record per EMC 15.22.100, members of Council shall not do any
independent research or review of the subject of the appeal outside the closed record. The closed
record shall include the materials, application, documentation, and records considered by the
Hearing Examiner, the decision of the Hearing Examiner, the Enumclaw Municipal Code and
applicable RCWs, and the contents and scope of the filed appeal request. Failure to adhere to these
restrictions may result in a Council member’s disqualification of presiding over the appeal,
discussion of the matter during the Public Hearing, and participation in the decision.
Any disqualification of a Council member or member(s) from presiding over such appeal
proceedings or otherwise participating in the Public Hearing and the reason(s) therefor shall be
reported to the Mayor and Council as a whole by the City Attorney in writing.
3.2. Closed Record.
A numbered or otherwise labeled record of the application, Hearing Examiner review, and Hearing
Examiner decision shall be prepared and provided to the parties for the purposes of the
proceedings. The same record shall be provided to the Council for use during the proceedings.
Enumclaw City Council Procedure
Quasi-Judicial Proceedings
October 2026
Page 2 of 11

20
Copies of the relevant Enumclaw Municipal Code sections for the record are available on the City’s
website. Copies of the same may be provided to the parties upon written request.
3.3. Pre-Hearing Briefing.
Appellant and Applicant may file briefing memorandums stating their arguments and defenses
prior to the Public Hearing for review and consideration by Council. Such memorandums shall
adhere to the “closed record” nature of the appeal process; shall be limited to no more than 15
pages of double spaced, 12-point font; and shall be submitted no later than 5:00 p.m. one calendar
week in advance of the date of the Public Hearing. Failure to adhere to these requirements may
result in the disqualification of such memorandums from being considered by the Council.
Applicant and Appellant are reminded that there is no need to resubmit any documents that were
made part of the record that the Hearing Examiner considered, and a numbered or otherwise
labeled record shall be provided to the parties for the purposes of the proceedings as referenced
above. Appellant and Applicant shall cite to any documents or records in a clearly identifiable
manner referring to the numbering or labeling of such documents or records as provided by the
City.
City staff, in consultation with the City Attorney, may also supply an objective, factually-based
memorandum of the application review, procedural history, and decision of the Hearing Examiner
conforming to the closed record nature of the appeal to the Council.

4. The Public Hearing.
The Public Hearing may be held at a regular City Council meeting, or at a special meeting.
The Presiding Officer (Mayor or Mayor Pro Tempore) shall oversee and control the proceedings.
The Quasi-Judicial Hearings Procedures Script, attached to this Procedure as Attachment A, will
be used by the Presiding Officer as a guide through the public hearing proceedings to ensure all
appropriate matters are covered and to promote efficient and orderly proceedings.
4.1. The following Rules of Order shall apply to quasi-judicial public hearings:
•

A person does not have to be a proponent or opponent in order to speak.

•

Those wishing to speak will be given an opportunity to be heard. All comments
shall be made from the speaker's rostrum, and any individual making comments
shall first give his or her name and address.

•

An official recorded transcript of the hearing shall be made to preserve a record
of the hearing. In a subsequent appeal of the proceedings, the court must make its
decision on the basis of what was said at the Public Hearing.

•

The City will provide reasonable accommodations to those who require
assistance or alternative methods for providing testimony. Such persons are
encouraged to contact the City Clerk at least 48 hours prior to the Public Hearing.
Enumclaw City Council Procedure
Quasi-Judicial Proceedings
October 2026
Page 3 of 11

21
•

In fairness to all in attendance, each person will be given an opportunity to
address the Council for an initial period not to exceed 3 minutes. The Appellant(s)
shall be given 5 minutes to make their initial presentation. If more time is needed,
it may be made available after everyone has had a chance to speak.
Councilmembers should hold their questions until everyone is done.

•

There shall be no demonstrations (clapping or cheering) during or at the
conclusion of anyone's presentation.

•

The Public Hearing consists of the presentation of testimony. No debate between
speakers is allowed.

4.2. Order of Proceedings.
The City Attorney swears in those wishing to testify as a group.
Presiding Officer (Mayor / Mayor Pro Tempore) provides opening remarks, including an overview
of the quasi-judicial nature of the hearing and request for disclosure of bias, conflict of interest,
prejudgment of the issues, or ex parte contact on the part of Councilmembers and request those
objecting to participation of a Councilmember to raise such objection.
The order of speaking shall be as follows:
•

Staff presentation of the procedures up to the time of appeal and objective
statement of the issues on appeal

•

Then comments from the Appellant(s)

•

Then comments from those in support of the Appellant’s position and persons in
opposition to the application or portions thereof.

•

Then comments from the Respondents (Applicant), and persons in support of the
application.

•

Then comments from any others (public) wishing to speak

•

Then any comment from the Appellant in rebuttal response

•

Then the Presiding Officer may allow closing statements from the Applicant and
Appellant

•

Then opportunity for response from staff to clarify any items raised

•

Then questions from Council members of any speaker, the Parties, and City staff

4.3. Conclusion of Testimony, Council Discussion, Close of Public Hearing, and Decision.
After conclusion of all testimony, the Presiding Officer will close the public testimony portion of
the proceedings and the Council may engage in discussion of the matter. No public testimony may
occur during this time.
Enumclaw City Council Procedure
Quasi-Judicial Proceedings
October 2026
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22
At the conclusion of the Council discussion, the Presiding Officer will ask whether any party to
the appeal (Appellant or Applicant) or City staff wishes to keep the public record open for the
submittal of additional materials. If this occurs, the Presiding Officer will call for a motion to be
made by the Council regarding the date the record shall be left open through, to close by 4:00 p.m.
pm on that day and, if seconded, the Council will vote on the same. If the Council votes to leave
the record open, no final decision shall be made by the Council until after the record closes.
The Council may also vote to leave the record open to a subsequent meeting date for the purposes
of directing the parties to provide additional briefing on questions that arise during the Public
Hearing prior to rendering a decision on the appeal by majority vote of the participating members
of the Council. Such additional briefing, if requested, must be submitted not later than 4:00 p.m.
one calendar week after the initial Public Hearing is held, or such later date as may be prescribed
by Council in the motion and as approved by a majority vote of participating Council members. In
no event shall the Council be expected to render a decision at a public meeting thereafter without
at least one calendar week to review such additional briefing submitted by the parties. The
additional briefing by the parties shall be included in the agenda materials for the Council meeting,
whether regular or special, at which the Council previously voted to leave the record open to, and
shall allow public comment prior to closing the public hearing and record at said meeting. The
Council may engage in discussion prior to rendering a decision by majority vote of participating
members of the Council.
If the record is not left open, the Public Hearing and the record may be closed and Council may
render a decision at the same meeting by majority vote of the participating members of Council,
or may take the matter under advisement and render a decision at a subsequent meeting of Council.

5. Post-Decision.
Once the Council renders its decision by a vote, the Council shall direct the Community
Development Director to summarize the Council’s findings, including any dissenting votes, for the
Council’s review and approval at a subsequent meeting. Once approved by Council, the decision
shall be publicly available and provided to the Applicant and Appellant.
Any appeal of the Council’s decision in the quasi-judicial proceedings must be filed in King
County Superior Court within 21 days of final Council decision issuance.

Enumclaw City Council Procedure
Quasi-Judicial Proceedings
October 2026
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23
Attachment A
Quasi-Judicial Public Hearing Procedures Script
The procedure for Public Hearings involving a Quasi-Judicial matter shall be substantially as
provided below.

Opening [All statements by Mayor/Presiding Officer.]
 The public hearing for the (state name of application) is now open.
 All persons wishing to be heard should have signed in at the sign-in at the table in front. If
you have not done so, please do so now.

Rules of Order
 These rules are intended to promote an orderly system of holding a public hearing, to give
every person an opportunity to be heard and exercise their right to speak.
 The public hearing will proceed in an orderly fashion, and I request your cooperation in
the following procedures:
•

It is not necessary to be a proponent or opponent in order to speak.

•

Those wishing to speak will be given an opportunity to be heard. All comments
shall be made from the speaker's rostrum, and any individual making comments
shall first give his or her name and address. Please speak slowly and clearly. This
is required because an official recorded transcript of the hearing is being made. If
there is a subsequent appeal of these proceedings, the court must make its decision
on the basis of what was said here.

•

If anyone requires special accommodation in order to speak, please let me know
and we will make arrangements.

•

In fairness to all in attendance, each person will be given an opportunity to
address the Council for an initial period not to exceed 3 minutes. The appellant
shall be given 5 minutes to make their initial presentation. If more time is needed,
it will be made available after everyone has had a chance to speak. I am requesting
Councilmembers to hold their question of the public until everyone is done.

•

There shall be no demonstrations (clapping or cheering) during or at the
conclusion of anyone's presentation.

•

This is the time for presentation of testimony. No debate between speakers is
allowed.

Enumclaw City Council Procedure
Quasi-Judicial Proceedings
October 2026
Page 6 of 11

24
Swearing-in
 The City Attorney will now swear in all those who have signed in and who wish to testify.
Please stand and raise your right hand and repeat the oath as dictated by the City Attorney.
 [City Attorney administers oath]

Purpose of Hearing / Closed Record Appeal
 The purpose of this hearing is for the Council to hear and consider pertinent facts and to
take action relating to the [name of proposal - from the agenda].
 This matter is what is called a “closed record appeal,” meaning that the Council’s review
may only be on the record as presented to the Hearing Examiner in making their
determination and the appellants request for Council review. No other information may be
considered and persons speaking today may not introduce new evidence or new arguments
at this time.

Appearance of Fairness and Conflict of Interest Issues
 This hearing is quasi-judicial in nature, and therefore the appearance of fairness and
conflict of interest rules apply. Quasi-judicial actions are defined as actions of the Council
that determine legal rights, duties, or privileges of specific parties in a hearing. The public
hearing must be fair in three respects: form, substance, and appearance.
 All Councilmembers and the Mayor should now give consideration as to whether they have
(1) a demonstrated bias or prejudice for or against any party to the proceedings; (2) a direct
or indirect monetary interest in the outcome of the proceedings; (3) a prejudgment of the
issue prior to hearing the facts on the record, or (4) ex parte contact with any individual,
excluding City administrative staff, with regard to an issue prior to the hearing. Does any
Council member have an Appearance of Fairness or Conflict of Interest issue or disclosure
to make? Seeing none, .... [move to next item, or if there is a question or disclosure, refer
to City Attorney.]
 Is there anyone in the audience who objects to my participation or any other Council
member's participation in these proceedings? [Refer any affirmative answer to City
Attorney.]

Order of Speaking
 The hearing will proceed in the following order of speaking:
•

Staff presentation of the procedures up to the time of appeal and objective
statement of the issues on appeal

•

Then comments from the Appellant(s)

Enumclaw City Council Procedure
Quasi-Judicial Proceedings
October 2026
Page 7 of 11

25
•

Then comments from those in support of the Appellant’s position and persons in
opposition to the application or portions thereof.

•

Then comments from the Respondents (Applicant), and persons in support of the
application.

•

Then comments from any others (public) wishing to speak

•

Then any comment from the Appellant in rebuttal response

•

Then the Presiding Officer may allow closing statements from the Applicant and
Appellant

•

Then opportunity for response from staff to clarify any items raised

•

Then questions from Council members of any speaker, the Parties, and City staff

 After the Conclusion of the Hearing, the Council will engage in any discussion and, if
desired, and render a decision by a vote. The Council may also choose to wait until a
following meeting to make a decision.

Staff Presentation
 At this time, I call [staff member name in memo in agenda packet] to the podium who will
make the staff presentation.

Appellant, Applicant, and Public Testimony and Comment
 [To Clerk] Have any written materials been submitted, or does anyone wish to submit
written materials without speaking? [Any documents are given to City Attorney, who will
read or summarize the document.]
 I will call upon the Appellant(s) requesting review on this matter to speak. Each Appellant
may speak in turn or the Appellants may select one person to act as the representative for
the appellants.
 Is there anyone else who favors the position of the Appellant(s) who wishes to speak?
 Is there anyone who is neutral on the proposed action that is the subject of this review and
public hearing who wishes to speak?
 At this time, I will call upon the respondent permit Applicant (Respondent) to speak and
state their position.
 Are there any other persons in support of the respondent permit Applicant who wish to
speak?
 Anyone else who has not spoken, who wishes to speak?

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Quasi-Judicial Proceedings
October 2026
Page 8 of 11

26
 I now call upon the Appellant to offer a rebuttal or responses to what has been said today.
As a reminder, you may not introduce new material, but rather state your arguments or
position based on the application submitted and the decision rendered by the Hearings
Examiner.
 [Presiding officer may allow the Appellant(s) and the Respondent/Applicant to offer brief
closing or summary statements]

Questions and Answers
 Does staff wish to respond to respond to or offer clarification on any subjects raised by any
speaker, or make any additional statement?
 At this time, any Council member may ask any questions of any speaker or staff. [Any
person recalled will speak from the podium.]
 Does anyone in the audience have any comments solely to clarify any item raised by a
Council member's questions? Please, no new issues can be presented, and please do not
repeat your or any other person's previous testimony. Your comments should be limited to
clarifying any item raised by any Council member or staff.

Council Discussion
 There being no further testimony, I will close the public testimony portion of the hearing.
It is now in order for the Council to discuss this matter and for a Council member to make
a motion to take action or postpone. [Mayor calls on Council members wishing to be
recognized.]
 Is there any further discussion by Council members?
 Is there any further recommendation or comments from staff?
 Does any party, or staff, wish to keep the public record open for the submittal of additional
materials?
•

IF YES:
•

[Ask staff for a date when they want the record to be closed, and ask
Council to make a motion to keep the record open until that date. The
motion should be specific that the record will close at 5:00 p.m., local
time, on that date.]

•

Then, say: "The record in this matter shall remain open until 5:00 p.m.
local time on (date in motion). The public hearing in this matter is now
closed]"

Enumclaw City Council Procedure
Quasi-Judicial Proceedings
October 2026
Page 9 of 11

27
•

IF NOT:
•

Say: "The record in this matter is now closed, and the public hearing is
now closed."

 Motions from Council.
•

If there has been a request to keep the record open:
•

•

“May I have a motion to continue this matter to a date after the close of
the record?” [Ask staff and the City Clerk for a possible future council
date for the purposes of making the motion].

If there has not been a request to keep the record open:
•

“Is there a motion from Council for a decision on this matter?” [Motion
and second gets made, then Mayor states the motion and calls for a
vote.]

•

Following a vote by the Council: “Staff is directed to prepare findings
and a written decision consistent with the decision made by the Council
today.”

Enumclaw City Council Procedure
Quasi-Judicial Proceedings
October 2026
Page 10 of 11

28
Enumclaw City Council Policy and Procedure
Appearance of Fairness Doctrine
1. Appearance of Fairness Doctrine Defined.
1.1 Quasi-judicial actions of Council are defined as those actions that determine the
legal rights, duties, or privileges of specific parties in a hearing or other contested
case proceeding.
1.2 Quasi-judicial actions do not include the legislative actions adopting, amending, or
revising comprehensive, community, or neighborhood plans or other land use
planning documents or the adoption of area-wide zoning ordinances or the adoption
of a zoning amendment that is of area-wide significance.
1.3 "In short, when the law which calls for public hearings gives the public not only the
right to attend, but the right to be heard as well, the hearings must not only be fair
but must appear to be so. It is a situation where appearances are quite as important
as substance." Smith vs. Skagit County, 75 Wn.2d 715, 740 (1969).
1.4 "The test of whether the appearance of fairness doctrine has been violated is ... as
follows: Would a disinterested person, having been apprised of the totality of a
board member's personal interest in a matter being acted upon, be reasonably
justified in thinking that partiality may exist? If answered in the affirmative, such
deliberations, and any course of conduct reached thereon, should be voided." Swift
vs. Island County, 87 Wn.2d 348, 361 (1976).
2. Types of Hearings to Which Doctrine Applies.
2.1 The Appearance of Fairness Doctrine shall apply only to those actions of the City
Council which are quasi-judicial in nature.
2.2 Quasi-judicial actions are defined as actions of the City Council which determine
the legal rights, duties, or privileges of specific parties in a hearing or other
contested proceeding. Quasi-judicial actions do not include the legislative actions
adopting, amending, or revising comprehensive, community, or neighborhood
plans or other land use planning documents or the adoption of area-wide zoning
ordinances or the adoption of a zoning amendment that is of area-wide (versus sitespecific) significance (RCW 42.36.010).

Enumclaw City Council Procedure
Appearance of Fairness Doctrine
October 2026
Page 1 of 3

29
2.3 Street vacations are typically legislative actions, unless clearly tied to, and
integrated into, a site-specific development proposal which is quasi-judicial in
nature.
3. Obligations of Council Members.
3.1 Council members should recognize that the Appearance of Fairness Doctrine does
not require establishment of a conflict of interest, but whether there is an
appearance of conflict of interest to the average person. This may involve the
Council members or a Council member's business associate, or a member of the
Council member's immediate family. It could involve ex parte (outside the hearing)
communications, ownership of property in the vicinity, business dealings with the
proponents or opponents before or after the hearing, business dealings of the
Council member's employer with the proponents or opponents, announced
predisposition, and the like.
3.2 Prior to any quasi-judicial hearing, each Council member should give consideration
to whether a potential violation of the Appearance of Fairness Doctrine exists. If
the answer is in the affirmative, no matter how remote, the Council member should
disclose such facts to the City Administrator who will seek the opinion of the City
Attorney as to whether a potential violation of the Appearance of Fairness Doctrine
exists. The City Administrator shall communicate such opinion to the Council
member and to the Presiding Officer.
3.3 Anyone seeking to disqualify Council members from participating in a decision on
the basis of a violation of the Appearance of Fairness Doctrine must raise the
challenge as soon as the basis for disqualification is made known, or reasonably
should have been made known, prior to the issuance of the decision. Upon failure
to do so, the Appearance of Fairness Doctrine may not be relied upon to invalidate
the decision. The party seeking to disqualify Council members shall state with
specificity the basis for disqualification; for example: demonstrated bias or
prejudice for or against a party to the proceedings, a monetary interest in outcome
of the proceedings, prejudgment of the issue prior to hearing the facts on the record,
or ex parte contact. Should such challenge be made prior to the hearing, the Mayor
or City Administrator shall direct the City Attorney to interview the Council
members and render an opinion as to the likelihood that an Appearance of Fairness
violation would be sustained in Superior Court. Should such challenge be made in
the course of a quasi-judicial hearing, the affected Council members shall either
recuse themselves or the Presiding Officer shall call a recess to permit the City
Attorney to make such interview and render such opinion.

Enumclaw City Council Procedure
Appearance of Fairness Doctrine
October 2026
Page 2 of 3

30
4

Specific Statutory Provisions.
4.1 Candidates for the City Council may express their opinions about pending or
proposed quasi-judicial actions while campaigning (RCW 42.36.040), except that
sitting Council members shall not express their opinions on any such matter which
may come before the City Council.
4.2 A candidate for the City Council who complies with all provisions of applicable
public disclosure and ethics laws shall not be limited under the Appearance of
Fairness Doctrine from accepting campaign contributions to finance the campaign,
including outstanding debts. RCW 42.36.050.
4.3 During the pendency of any quasi-judicial proceeding, no Council members may
engage in ex parte communications with proponents or opponents about a proposal
involved in the pending proceeding, unless the Council members: (1) places on the
record the substance of such oral or written communications; and (2) provided that
a public announcement of the content of the communication and of the parties' right
to rebut the substance of the communication shall be made at each hearing where
action is taken or considered on the subject. This does not prohibit correspondence
between a citizen and his or her elected official if the correspondence is made a part
of the record, when it pertains to the subject matter of a quasi-judicial proceeding.
RCW 42.36.060.

Enumclaw City Council Procedure
Appearance of Fairness Doctrine
October 2026
Page 3 of 3

31
Report R03
Sales Tax Data

GROUP ANALYSIS BY SIZE
1711 Enumclaw
Current Period: 202607 Cash Basis, Revenue Amounts

Current Period

Run Date: 10/05/2026

Year to Date

Group

Name

This Year

Last Year

% Chg

This Year

Last Year

441

Motor Vehicle and Parts Dealers

114,087

103,454

10.3

844,497

844,433

0

1,106,776

459

Sporting Goods, Hobby, Musical Instrument, Book, a

33,116

34,547

-4.1

341,763

307,505

11.1

453,995

722

Food Services and Drinking Places

44,790

42,150

6.3

334,537

326,368

2.5

444,302

238

Specialty Trade Contractors

40,076

25,937

54.5

279,559

207,088

35.0

395,870

444

Building Material and Garden Equipment and Supplie

18,698

19,537

-4.3

158,611

180,445

-12.1

211,719

561

Administrative and Support Services

14,882

13,625

9.2

137,785

130,130

5.9

179,048

423

Merchant Wholesalers, Durable Goods

19,549

11,206

74.4

143,654

118,151

21.6

177,331

236

Construction of Buildings

23,339

9,601

143.1

129,841

133,601

-2.8

176,238

455

General Merchandise Retailers

13,012

10,349

25.7

114,315

102,304

11.7

152,528

445

Food and Beverage Retailers

13,410

16,562

-19.0

113,749

119,132

-4.5

150,285

811

Repair and Maintenance

13,179

14,727

-10.5

110,678

111,194

-0.5

145,987

449

Furniture, Home Furnishings, Electronics, and Appl

14,471

11,449

26.4

110,548

86,824

27.3

139,191

541

Professional, Scientific, and Technical Services

10,841

7,202

50.5

86,939

65,393

32.9

112,449

458

Clothing, Clothing Accessories, Shoe, and Jewelry

7,189

7,024

2.4

68,055

69,367

-1.9

88,221

517

Telecommunications

5,865

6,005

-2.3

59,377

55,790

6.4

79,497

457

Gasoline Stations and Fuel Dealers

7,854

6,427

22.2

57,090

49,609

15.1

75,868

513

Publishing Industries

10,531

18,084

-41.8

50,982

46,280

10.2

66,249

456

Health and Personal Care Retailers

4,547

4,581

-0.7

45,316

45,044

0.6

59,117

3,988

7,735

-48.4

35,209

42,614

-17.4

51,186

000

% Chg

Last 12 Months

532

Rental and Leasing Services

3,381

3,814

-11.3

34,176

26,749

27.8

47,270

237

Heavy and Civil Engineering Construction

5,139

1,586

224.1

20,075

26,373

-23.9

38,093

424

Merchant Wholesalers, Nondurable Goods

2,437

2,271

7.3

25,602

20,341

25.9

31,865

519

Web Search Portals, Libraries, Archives, and Other

3,046

1,911

59.4

24,694

17,485

41.2

31,138

492

Couriers and Messengers

2,152

1,753

22.8

18,223

15,314

19.0

23,404

812

Personal and Laundry Services

1,362

3,299

-58.7

16,746

20,246

-17.3

21,801

524

Insurance Carriers and Related Activities

3,476

297

1,072.2

14,746

8,249

78.8

19,048

713

Amusement, Gambling, and Recreation Industries

2,548

2,542

0.3

13,587

11,211

21.2

18,989

518

Computing Infrastructure Providers, Data Processin

980

683

43.6

12,285

9,404

30.6

16,298

3,126

4,203

-25.6

13,425

9,567

40.3

16,157

-2.1

10,009

14,512

-31.0

14,892

999
622

Hospitals

1,311

1,340

522

Credit Intermediation and Related Activities

2,064

7,211

-71.4

11,848

15,187

-22.0

14,245

337

Furniture and Related Product Manufacturing

1,400

285

391.4

12,196

2,211

451.5

13,680

621

Ambulatory Health Care Services

1,051

278

277.6

7,397

4,391

68.4

11,769

562

Waste Management and Remediation Services

725

966

-25.0

9,394

4,096

129.4

11,174

516

Broadcasting and Content Providers

459

1,376

-66.6

6,695

9,049

-26.0

10,038

488

Support Activities for Transportation

739

706

4.7

6,743

6,319

6.7

9,038

334

Computer and Electronic Product Manufacturing

277

127

117.3

6,324

926

583.2

8,988

111

Crop Production

533

310

72.2

5,060

3,830

32.1

6,342

323

Printing and Related Support Activities

168

572

-70.6

4,654

4,729

-1.6

6,106

482

Rail Transportation

1

0

0

5,548

14

40,625.8

5,549

312

Beverage and Tobacco Product Manufacturing

350

483

-27.5

3,723

4,310

-13.6

5,096

813

Religious, Grantmaking, Civic, Professional, and S

388

360

7.8

3,780

5,050

-25.1

4,667

611

Educational Services

490

300

63.5

3,483

2,664

30.8

4,256

327

Nonmetallic Mineral Product Manufacturing

511

134

280.7

2,044

4,542

-55.0

4,101

221

Utilities

207

280

-26.1

2,206

2,969

-25.7

3,939

531

Real Estate

44

68

-34.4

2,736

1,479

85.0

3,046

32 321

Wood Product Manufacturing

265

187

41.4

2,371

1,027

131.0

2,920

512

Motion Picture and Sound Recording Industries

332

Fabricated Metal Product Manufacturing

125

24

431.4

1,912

72

695

-89.6

1,838

1,553

23.1

2,375

5,724

-67.9

711

Performing Arts, Spectator Sports, and Related Ind

5

93

-94.9

831

2,196

758

9.6

1,919

331

Primary Metal Manufacturing

112

Animal Production and Aquaculture

1,662

522

218.6

167

96

72.8

1,883

522

260.9

1,883

1,344

1,394

-3.6

721

Accommodation

162

221

1,856

-26.6

1,329

1,894

-29.8

1,824

425

Wholesale Trade Agents and Brokers

149

325

Chemical Manufacturing

117

84

78.6

1,370

652

109.9

1,605

111

5.6

1,024

963

6.3

336

Transportation Equipment Manufacturing

106

1,274

37

185.2

1,029

466

120.8

1,196

333

Machinery Manufacturing

484

Truck Transportation

20

61

-67.3

958

1,121

-14.5

1,167

59

38

57.5

632

2,386

-73.5

1,087

311
212

Food Manufacturing

66

22

201.0

818

282

190.3

1,006

Mining (except Oil and Gas)

80

58

37.2

664

632

5.1

987

113

Forestry and Logging

0

54

-99.8

638

564

13.2

911

523

Securities, Commodity Contracts, and Other Financi

55

11

383.5

728

232

213.2

861

921

Executive, Legislative, and Other General Governme

10

8

17.2

62

19

224.7

588

326

Plastics and Rubber Products Manufacturing

8

19

-57.9

435

244

77.9

571

624

Social Assistance

72

115

-37.6

501

123

306.4

516

322

Paper Manufacturing

40

24

67.4

440

379

16.1

490

315

Apparel Manufacturing

16

10

63.2

354

270

31.0

454

316

Leather and Allied Product Manufacturing

21

17

25.0

209

310

-32.6

313

922

Justice, Public Order, and Safety Activities

0

18

-100.0

251

974

-74.2

290

533

Lessors of Nonfinancial Intangible Assets (except

27

4

527.1

251

97

158.2

264

314

Textile Product Mills

63

3

1,946.9

172

210

-17.7

180

213

Support Activities for Mining

0

0

0

167

52

221.2

175

313

Textile Mills

17

1

1,697.9

140

145

-3.4

174

551

Management of Companies and Enterprises

22

33

-32.9

125

168

-25.7

158

335

Electrical Equipment, Appliance, and Component Man

5

1

300.8

138

1,284

-89.3

153

924

Administration of Environmental Quality Programs

7

60

-89.2

103

569

-81.8

124

491

Postal Service

13

5

191.5

73

20

258.1

83

926

Administration of Economic Programs

6

3

127.6

51

19

170.9

74

623

Nursing and Residential Care Facilities

0

0

0

64

1

4,683.1

64

493

Warehousing and Storage

0

6

-100.0

59

11

450.9

59

712

Museums, Historical Sites, and Similar Institution

0

0

0

14

4

207.4

14

324

Petroleum and Coal Products Manufacturing

0

0

0

12

15

-17.5

12

115

Support Activities for Agriculture and Forestry

0

50

-100.0

3

156

-97.9

6

525

Funds, Trusts, and Other Financial Vehicles

3

1

214.8

3

25

-89.2

3

114

Fishing, Hunting and Trapping

0

0

0

1

1

66.7

1

339

Miscellaneous Manufacturing

168

6,269

-97.3

-2,282

8,151

-128.0

-934

Total

20,331 Accounts

455,401

416,316

9.4

3,540,619

3,325,906

NOTE: YTD column includes returns from 202511 to 202607

6.5

4,695,748

33

Last 12 Months by Group
Motor Vehicle and Parts Dealers
23.9%
Sporting Goods, Hobby, Musical
Instrument, Book, a 9.8%
Food Services and Drinking
Places 9.6%
Specialty Trade Contractors 8.6%
Building Material and Garden
Equipment and Supplie 4.6%
Administrative and Support
Services 3.9%

19.4%

23.9%

Merchant Wholesalers, Durable
Goods 3.8%
Construction of Buildings 3.8%
General Merchandise Retailers
3.3%

9.8%

Food and Beverage Retailers
3.2%
Repair and Maintenance 3.2%

9.6%
8.6%

Furniture, Home Furnishings,
Electronics, and Appl 3.0%
Other