Developer Octavio Rodriguez raises dispute over impact fee calculation; council moves matter to executive session

Developer Octavio Rodriguez addressed the council at the Nov. 24 workshop to dispute the city’s calculation of a traffic impact fee on his project. Rodriguez said his signed application was submitted before a June ordinance establishing or changing impact fee rules, and he argued that his project therefore should be grandfathered from the new fee. Rodriguez said staff recorded a different version of his application in the city system and produced revised traffic analysis inputs that raised his fee to $75,000.

"My application was submitted before the 12. So my application was submitted before the 12... So it has to be grandfathered in because they accepted my application," Rodriguez said. He questioned how a $100 apartment project he cited could be charged a lower impact fee than his smaller building with 20 parking spaces.

The city attorney requested the council take the dispute into executive session for legal advice and to preserve privilege; staff indicated some responses and clarifications will need to be discussed in closed session. Council agreed to send the matter to executive session under the applicable Washington state RCW for attorney‑client privileged discussion of potential litigation and to allow staff to address procedural questions.

Next steps: the council met in executive session on the matter; no substantive action or vote was recorded in the public meeting minutes and the dispute remains unresolved on the public record.