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HomeMy WebLinkAbout05-11-20 Council Workshop SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required. To join meeting, click here Meeting ID: 881 5743 5259 Password: 846075 CALL TO ORDER Mayor Barb Tolbert PLEDGE OF ALLEGIANCE ROLL CALL Mayor Barb Tolbert – Ashleigh APPROVAL OF THE AGENDA Mayor Pro Tem Jesica Stickles INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Port of Everett update – Lisa Lefeber, CEO Introduced by Mayor Barb Tolbert WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN 1. Appointments to Parks, Arts and Recreation Commission (PARC) ATTACHMENT A Staff Presentation: Sarah Lopez Council Liaison: Councilmember Marilyn Oertle 2. Haller Splash Pad Project Close-out and Acceptance ATTACHMENT B Staff Presentation: Jim Kelly Council Liaison: Marilyn Oertle 3. 2019 Utility Pavement Preservation Close out and Acceptance ATTACHMENT C Staff Presentation: Jim Kelly Council Liaison: Debora Nelson 4. Waste Management Business and Occupation Tax Rate Increase ATTACHMENT D Staff Presentation: Jim Kelly Council Liaison: Debora Nelson Arlington City Council Workshop Monday, May 11, 2020 at 7:00 pm City Council Chambers – 110 E Third Street SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required. 5. Proposed Revisions to AMC Title 15.16 Regarding Fireworks ATTACHMENT E Staff Presentation: Paul Ellis Council Liaison: Mayor Pro Tem Jesica Stickles 6. Resolution Establishing a Moratorium on Evictions ATTACHMENT F Staff Presentation: Paul Ellis Council Liaison: Councilmember Mike Hopson 7. Resolution Authorizing the City Administrator to Allocate Emergency Funds ATTACHMENT G Staff Presentation: Paul Ellis Council Liaison: Councilmember Mike Hopson ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT COMMENTS FROM COUNCILMEMBERS/COUNCILMEMBER REPORTS PUBLIC COMMENT For members of the public who wish to speak to the Council. Please limit your remarks to three minutes. REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING EXECUTIVE SESSION RECONVENE ADJOURNMENT Mayor Pro Tem Jesica Stickles / Mayor Barb Tolbert City of Arlington Council Agenda Bill Item: WS #1 Attachment A COUNCIL MEETING DATE: May 11, 2020 SUBJECT: Appointment and reappointments to Parks, Arts, and Recreation Commission ATTACHMENTS: Redacted applications of Brittany Kleinman, Jennifer Egger and Jennifer Harrington DEPARTMENT OF ORIGIN Administration; Sarah Lopez – 360-403-3448 EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Terms expired for Brittany Kleinman and Jennifer Egger’s positions. Both have reapplied for positions on Park, Arts and Recreation Commission. New terms are April 1, 2020 - April 1, 2024. There became a vacancy when PARC Commission Member Jessica Ronhaar moved outside Arlington city limits. An interview committee interviewed three applicants on April 30, 2020 and is recommending Jennifer Harrington fill Jessica’s term that expires April 1, 2021. HISTORY: The Parks, Arts, and Recreation Committee (PARC) serves as an advisory commission to the Mayor and City Council with respect to Parks, Arts and Recreation facilities and programs within the City, as well as changes, expansions or new acquisitions of both facilities and programs. The Commission also serves as the Tree Board. Terms for the seven members are four years (staggered). ALTERNATIVES Table the recommendations until a later date. RECOMMENDED MOTION: Workshop; discussion only. At the May 18 Council meeting, the recommended motion will be, “I move to confirm the reappointment of Brittany Kleinman and Jennifer Egger and appointment of Jennifer Harrington to the Parks, Arts, and Recreation Commission.” Brittany Kleinman ✔ 4/17/2020 (Attach page for additional space) I have served the last 8 years on the Parks, Arts and Recreation Commission and hope to continue for another term. Being a long time resident of Arlington, and active volunteer in our community, and a parent of kids who love our public spaces, I know first had the benefits of a strong parks and recreation system for our community as well as the enrichment our public art brings to the citizens and visitors. I hope to continue the work that I have had the opportunity to be part of the last 8 years. Lodging Tax applicants must attach a letter of support from the organization they are representing. Jennifer Egger ✔ (Attach page for additional space) I have served on the PARC board for four years. I have also served the community through working at the Chamber of Commerce and volunteering with the Downtown Arlington Business Association. I have assisted with multiple events and activities in Arlington for many years. Serving on PARC has been a great way to help contribute to the community. Lodging Tax applicants must attach a letter of support from the organization they are representing. Jenni Harrington ✔ ✔✔ 08/21/2019 (Attach page for additional space) I currently work at Boeing in Everett as an Employee Amenities Specialist and work to deliver our amazing and diverse Well Being Programs and events. I have been with Boeing for almost 13 years. Being part of a community is my passion. Everyday I strive to be part of the community with my fellow employees at Boeing, and the city of Everett where I work, as well as the city in which I live, which is downtown Arlington! I have participated in the monthly Everett Transportation Advisory Committee as a civilian. I am a certified Employee Transportation Coordinator with Community Transit as well as sit on their Peer Advisory Board and my roll is to encourage our Boeing employees to find alternate forms of commuting in order to help alleviate traffic and make our area, as a whole more, desirable. I absolutely love the city of Arlington! I love how the city of Arlington has done an amazing job in creating a very family oriented and active culture with all the trails, parks and events. I would love to be part of continuing to make this city an even more desirable city in which to live and visit! Lodging Tax applicants must attach a letter of support from the organization they are representing. City of Arlington Council Agenda Bill Item: WS #2 Attachment B to the satisfaction of the City and in accordance with the terms of the contract in November of 2019. A summary of the construction costs is as follows: Base Bid Price: $ 705,496.50 Change Orders: $ 56,312.57 Unbilled Portion: $ 0.00 Sales Tax: $ 69,415.17 Final Contract Cost: $ 831,224.24 ALTERNATIVES: Remand to staff for further consideration Do not accept project completion RECOMMENDED MOTION: Workshop; discussion only. At the May 18 Council meeting, the recommended motion will be, “I move to approve the Project Close Out of the Haller Park Splash Pad Project contract with Reece Construction, Inc. in the amount of $ 831,224.24, and authorize the Mayor to sign the Letter of Acceptance, pending final review by the City Attorney.” City Of Arlington Public Works Department 154 W. Cox  Arlington, WA 98223  360-403-3526 DATE: May 18, 2020 TO: Mayor Tolbert and Arlington City Council FROM: James X. Kelly, Public Works Director SUBJECT: PROJECT ACCEPTANCE Haller Park Splash Pad Project No. P02.427.0 Staff has certified the construction performed by Reece Construction Company, Inc. as complete and in compliance with the terms of the construction contract as awarded by the City Council. The final accounting of the cost of the 2019 project is as follows: Contract Award Amount $ 705,496.50 Change Orders $ 56,312.57 Over-runs/Under-runs $__________ Sales Tax $ 69,415.17 Final Contract Cost $ 831,224.24 Staff recommends official acceptance by the City. If you concur, please sign below: On behalf of the City of Arlington, I accept the construction performed under the contract award by the Arlington City Council for Haller Park Splash Pad Project . Mayor Barbara Tolbert Date cc: City Council Kristin Garcia, Finance Director City of Arlington Council Agenda Bill Item: WS #3 Attachment C deemed fully complete to the satisfaction of the City and in accordance with the terms of the contract in December of 2019. A summary of the construction costs is as follows: Base Bid Price: $ 1,742,831.50 Change Orders: $ 84, 186.56 Unbilled Portion: $ (56,793.36) ALTERNATIVES: Remand to staff for further consideration Do not accept project completion RECOMMENDED MOTION: Workshop; discussion only. At the May 18 Council meeting the motion will be, “I move to approve the Project Close Out of the 2019 Utility & Pavement Preservation Project contract with Reece Construction, Inc., in the amount of $1,841,614.58, and authorize the Mayor to sign the Letter of Acceptance, pending final review by the City Attorney.” City Of Arlington Public Works Department 154 W. Cox  Arlington, WA 98223  360-403-3526 DATE: May 18, 2020 TO: Mayor Tolbert and Arlington City Council FROM: James X. Kelly, Public Works Director SUBJECT: PROJECT ACCEPTANCE 2019 Utility and Pavement Preservation Project No. P02.437.2 Staff has certified the construction performed by Reece Construction Company, Inc. as complete and in compliance with the terms of the construction contract as awarded by the City Council. The final accounting of the cost of the 2019 project is as follows: Contract Award Amount $ 1,742,831.50 Change Orders $ 84,186.56 Over-runs/Under-runs $ (56,793.36) Sales Tax $ 71,389.88 Final Contract Cost $ 1,841,614.58 Staff recommends official acceptance by the City. If you concur, please sign below: On behalf of the City of Arlington, I accept the construction performed under the contract award by the Arlington City Council for 2019 Utility and Pavement Preservation Project . Mayor Barbara Tolbert Date cc: City Council Kristin Garcia, Finance Director City of Arlington Council Agenda Bill Item: WS #4 Attachment D Legislature passed SB 6492-201-20, increasing the Business and Occupation (B&O) tax rate from 1.5% to 1.75% assessed on businesses operating in the State of Washington. The franchise agreement allows WM to request an adjustment due to increased expenses associated with any change in state law. WM is City of Arlington Council Agenda Bill Item: WS #5 Attachment E COUNCIL MEETING DATE: May 11, 2020 SUBJECT: Proposed Revisions to AMC Title 15.16 Regarding Fireworks ATTACHMENTS: Proposed Revision to AMC Title 15.16 (Fireworks) redlined and clean versions; Election Summary Report DEPARTMENT OF ORIGIN Administration; Paul Ellis, City Administrator – 360-403-4603 EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Attached is a proposed amendment to the Arlington Municipal Code banning consumer fireworks. State law requires a 365-day period prior to the proposed ban’s effective date. This would not take effect until after July 4, 2020. HISTORY: A resolution was approved by the City Council on August 5, 2019, requesting an advisory vote be added on the November 5, 2019 ballot seeking citizen input regarding the banning of the possession, sale and discharge of fireworks except for state regulated public displays of fireworks within the City of Arlington. Chapter 15.16 - FIREWORKS[2] 15.16.010 - Intent. It is expressly the purpose of this ordinance to provide for and promote the health, safety, and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially p rotected or benefited by the terms of this ordinance. It is the specific intent of this ordinance that no provision or term used in this ordinance is intended to impose any duty whatsoever upon the city or any of its officers or employees. Nothing contained in this ordinance is intended nor will be construed to create or form the basis of any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the city related in any manner to the enforcement of this ordinance by its officers, employees or agents. It is the intent of this chapter to amend the city's fireworks regulations to bring them into compliance with the recently adopted state fireworks regulations. This chapter amends the city's fireworks regulations to comply with Chapter 70.77 RCW, as amended by Chapter 370, Laws of 2002. This provides a procedure for the granting of licenses, and the possession, sale and discharge of approved fireworks, classified as such by the state fire marshal, and not to permit the possession, sale, or use of any other fireworks classified as dangerous fireworks by the State Fireworks Law, or otherwise prohibited by the ordinance of the city. 15.16.020 - Title. This chapter will be known and cited as the "Fireworks Ordinance of the City of Arlington." 15.16.030 - Definitions. The definitions of chapter 70.77 RCW, as now enacted or subsequently amended, are adopted by reference and shall govern the construction of this chapter, when applicable. For the purpose of this chapter, the following words will have the following meanings: (a) "Agricultural and wildlife fireworks" includes fire-works devices distributed to farmers, ranchers and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. (b) "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight and limits for consumer fireworks but which are not labeled as such and which are classified as UNO431 or UNO432 by the United States Department of Transportation at 49 C.F.R. Sec. 172.101 as of the effective date of this ordinance. (c) "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, a nd labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing fifty mg or less of explosive materials, and aerial devices containing one hundred thirty mg or less of explosive materials and classified as fireworks UNO336 by the United States Department of Transportation at 49 C.F.R. Sec. 172.101 as of the effective date of this ordinance, and not including fused set-pieces containing components that together exceed fifty mg of salute powder. (d) "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (one hundred thirty mg) of explosive materials, aerial shells containing more than forty grams of pyrotechnic compositions, and other display pieces that exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UNO333, UNO334, or UNO335 by the United States Department of Transportation at 49 C.F.R. Sec. 172.101 as of the effective date of this ordinance, and including fused set-pieces containing components that exceed fifty mg of salute powder. (e) "External packaging" means any materials that are not an integral part of the operative unit of the fireworks. (f) "Fireworks" means any composition or device, designed to produce a visible or audible effect by combustion, deflagration, or detonation, and which meet the definition of articles pyrotechnic or consumer fireworks or display fireworks. (g) "Permit" means the official authorization granted by the city for the purpose of establishing and maintaining a place within the jurisdiction of the city where fireworks are manufactured, constructed, produced, packaged, stored, sold, or exchanged, and the official authorization granted by the city for a public display of fireworks. (h) "Public display of fireworks" means an entertainment feature where the public is or could be admitted or allowed to view the display or discharge of display fireworks. (i) "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging display fireworks. (j) "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. (k) "Special effects" means any combination of chemical elements or electrical compounds capable of burning independently of the oxygen of th e atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as a necessary part of a motion picture, radio or television production, theatrical, or opera. (l) "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells display fireworks to public display licensees. (Ord. 1284 §2, 2002; Ord. 770 §2(part), 1981; Ord. 471 §3, 1963). 15.16.040 - License required.Possession, use and discharge of fireworks unlawful. A. It is unlawful for any person to possess, use, sell, transfer, discharge, ignite, or explode any Formatted: Space After: 0 pt, Line spacing: single fireworks within the city; provided that this prohibition shall not apply to the following activities, when authorized by a state license and city permit: 1. Duly authorized public displays, as provided in chapter 70.77 RCW; and 2. Duly authorized use by religious organizations or private organizations or persons for religious or other specific purposes on an approved date and in an approved location, as provided in RCW 70.77.311, and authorized by the Arlington fire marshal. B. Trick and novelty devices, as defined by state law, are not fireworks for the purposes of this chapter. C. This chapter does not prohibit the use of torpedoes, flares, or fuses by motor vehicles, railroads, or other transportation agencies for signal purposes or illumination or for use in forest protection activities. It is unlawful for any person, firm, co-partnership or corporation to engage in the retail sale of fireworks within the city without first having obtained a license from the city clerk. Applicants for renewal of license will be given preference over applicants for license by persons not previously licensed, provided that if the holder of the license fails to make application for renewal by the second Monday in April, said preference will be forfeited. No one organization may receive more than one license for fireworks sales during any one calendar year. The maximum number of licenses that may be issued pursuant to this chapter during any one calendar year will not exceed one license for each two thousand residents of the city or fraction thereof, according to the last official census. (Ord. 1284 §3, 2002; Ord. 770 §2(part), 1981; Ord. 471 §4, 1963). 15.16.050 - License application. Public displays, when permitted. It is unlawful for any person to hold, conduct or engage in a public display of fireworks within the city without first having obtained and being the holder of a valid permit issued pursuant to the provisions of this chapter. No license or permit is required for the possession or use of consumer fireworks lawfully purchased at retail. The fireworks license will be issued only to such applicants who meet the following qualifications: Formatted: Space After: 0 pt, Line spacing: single Formatted: Indent: Left: 0.5", Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single (1) Nonprofit charitable, religious, or eleemosynary corporations, organized and existing primarily for veterans, patriotic, religious, charitable or civic betterment purposes; and (2) Said corporation or association has its principal and permanent meeting place in the city, and has been organized and established in the city, for a period of at least one year prior to the date application is made for a fireworks license. Application for a license: (1) Will be made in writing accompanied by a license fee as set forth in the city's fee resolution; (2) Will be made ninety days prior to the discharge date. Applicants for any such license will be notified by the city clerk of the granting or rejection of their application for license and if any applicants are not granted a license, the fee will be refunded. (3) Will set forth the proposed location of the fireworks stand applied for; and (4) Will be accompanied by an assurance that if the license is issued to applicant, applicant will, at the time of receipt of such license, deliver to the city clerk a liab ility insurance policy with coverage of not less than fifty thousand dollars and five hundred thousand dollars for bodily injury liability for each person and occurrence respectively, and not less than fifty thousand dollars for property damage liability for each occurrence, unless such insurance is not readily available from at least three approved insurance companies. If insurance in this amount is not offered, each fireworks permit will be covered by a liability insurance policy in the maximum amount off ered by at least three different approved insurance companies. A rider will be attached to the policy designating the city as an additional insured there under. (Ord. 1284 §4, 2002; Ord. 770 §2(part), 1981; Ord. 471 §5, 1963). (Ord. No. 2010-011, § 10, 6-17-2010) 15.16.060 - Lawful sale dates.Public display permit—applications, permits. A person desiring to make a public display of fireworks shall apply in writing for a permit to hold, conduct or operate a public display of fireworks to the Arlington fire marshal at least sixty (60) days prior to the scheduled event. Applicants shall meet all qualifications and requirements of state law regarding public display of fireworks and all fire and safety requirements as set forth in the standards for public display. Applicants shall pay permit fees as required by the city fee resolution. The application must include: (1) a copy of the applicant's Washington state pyrotechnic operator license (or the pyrotechnic operator license of the applicant's employee who will conduct the public display); (2) evidence of a bond issued by an authorized surety or a certificate of public liability insurance; Formatted: Font: (Default) +Body (Calibri), 12 pt Formatted: Font: (Default) +Body (Calibri), 12 pt Formatted: Font: (Default) +Body (Calibri), 12 pt Formatted: Font: (Default) +Body (Calibri), 12 pt Formatted: Font: (Default) +Body (Calibri), 12 pt Formatted: Font: (Default) +Body (Calibri), 12 pt Formatted: Indent: Left: 0.5" (3) a drawing showing a plan view of the fireworks discharge site and the surrounding area within a 500-foot radius; (4) the exact location, date and time of the proposed display; and (5) the number, type and class of fireworks to be displayed, the manner in which the fireworks are being stored prior to the public fireworks display. The fire marshal shall investigate whether the character and location of the display as proposed would be hazardous to property or dangerous to any person. The fire marshal may grant a permit, deny the same, or impose other requirements on the applicant as needed to protect the public safety. It is unlawful for any person, firm, co-partnership, or corporation to offer for retail sale, expose for retail sale, sell at retail any fireworks within the city, except from 9:00 a.m. on June 28th to 9:00 p.m. on July 4th, and from 9:00 a.m. on December 27 to 9:00 p.m. on December 31. (Ord. 1284 §5, 2002; Ord. 770 §2(part), 1981; Ord. 471 §6, 1963). 15.16.070 - Firework discharge dates.Public display permits--transfer Each public display permit issued pursuant to this chapter shall be valid for the specific authorized public display event only, shall be used only by the designated permittee and shall be nontransferable. Any transfer or unauthorized use of a permit is a violation of this chapter and shall void the permit granted in addition to all other sanctions provided in this code.Consumer fireworks may only be discharged on July 4th from 9:00 a.m. to midnight and on December 31, from 7:00 p.m. until midnight. No other discharge of fireworks will be allowed except as provided in this ordinance. (Ord. 1284 §6, 2002; Ord. 770 §2(part), 1981; Ord. 471 §7, 1963). 15.16.080 - Public firework displays. The assembling, compounding, use, and display of articles pyrotechnic will be under the control of a pyrotechnic operator licensed by the state of Washington and who possesses a valid permit from the city. Formatted: Font: (Default) +Body (Calibri), 12 pt Formatted: Normal, Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers Formatted: Font: (Default) +Body (Calibri), 12 pt Formatted: Font: (Default) +Body (Calibri), 12 pt Formatted: Font: (Default) +Body (Calibri), 12 pt Formatted: Font: (Default) +Body (Calibri), 12 pt Formatted: Indent: First line: 0", Space After: 0 pt, Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers No person may discharge fireworks at any place except as authorized by state license and local permit for a public display of fireworks; provided, that consumer fireworks, firecrackers, salutes and chasers may be purchased and used by religious organizations or private organizations or persons if purchased from a licensed manufacturer, importer, or wholesaler for use on prescribed dates and locations, for religious or specific purposes, upon obtaining a permit from the city fire chief. The fire chief may require a safety plan be submitted and approved prior to the display. Additionally, if deemed necessary, the fire chief may require a fire department standby crew with costs for such paid by the event organizers prior to the display. (Ord. 1284 §7, 2002; Ord. 770 §2(part), 1981; Ord. 471 §8, 1963). 15.16.090 - Specialized operations. The assembling, compounding, use, and display of articles pyrotechnic or special effects in the production of motion pictures, radio or television productions, or live ent ertainment will be under the control of a pyrotechnic operator licensed by the State of Washington and who possesses a valid permit from the city. The fire chief may require a safety plan be submitted and approved prior to the display. Additionally, if deemed necessary, the fire chief may require a fire department standby crew with costs for such posted by the event organizers prior to the display. (Ord. 1284 §8, 2002; Ord. 770 §2(part), 1981; Ord. 471 §9, 1963). 15.16.100 - Operation of firework stands. No person other than the licensee organization will operate the stand for which the license is issued, or share, or otherwise participate in the benefits of the operation of such stand. (Ord. 1284 §9, 2002; Ord. 770 §2(part), 1981; Ord. 471 §10, 1963). 15.16.110 - Temporary firework stands. All retail sales of consumer fireworks will be permitted only from within a temporary fireworks stand, and the sale from any other building or structure is prohibited. Temporary stands will be subject to the following provisions: (1) No fireworks stand will be located within twenty-five feet of any other building, nor within fifty feet of any gasoline station or distribution station; (2) Fireworks stands need not comply with the provisions of the building co de of the city; provided, however, that all stands will be erected under the supervision of the fire chief of the city, who will require that those stands be constructed in a manner and place that will ensure the safety of attendants and patrons. Safety approved fire extinguishers will be maintained at stands at all times; (3) Each stand must have at least two exits; (4) No fireworks stand will be located closer than six hundred feet to another fireworks stand; (5) All weeds and combustible material will be cleared from the location of the stand, including a distance of at least twenty-five feet surrounding the stand; (6) "No Smoking" signs will be prominently displayed on the fireworks stand; (7) Each stand will be operated by adults only. No fire-works will be left unattended in a stand; (8) All unsold stock, accompanying litter, and the fireworks stand will be removed from the location and the city by twelve noon on the sixth day of July and the second day of January of each year. (Ord. 1284 §10, 2002; Ord. 770 §2(part), 1981; Ord. 471 §11, 1963). (Ord. No. 2010-011, § 11, 6-17-2010) 15.16.120 - Fireworks seizure proceedings. If the fireworks are not returned to the petitioner or destroyed, the city fire chief or state fire marshal may sell confiscated consumer fireworks to wholesalers licensed by the state fire marshal. Sale will be by public auction after publishing a notice of the date, place and time of the auction in a newspaper of general circulation in Snohomish County at least three days before the date of the auction. Proceeds of the sale of seized fireworks will be deposited in the city's general fund. Fireworks that are not legal for use and possession will be destroyed by the city fire chief or state fire marshal. (Ord. 1284 §11, 2002; Ord. 770 §2(part), 1981; Ord. 471 §12, 1963). (Ord. No. 2010-011, § 12, 6-17-2010) 15.16.130 - General duty. It is expressly the purpose of this ordinance to provide for and promote the health, safety, and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially p rotected or benefited by the terms of this ordinance. It is the specific intent of this ordinance that no provision or term used in this ordinance is intended to impose any duty whatsoever upon the city or any of its officers or employees. Nothing contained in this ordinance is intended nor will be construed to create or form the basis of any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the city related in any manner to the enforcement of this ordinance by its officers, employees or agents. (Ord. 1284 §12, 2002). (Ord. No. 2010-011, § 13, 6-17-2010) 15.16.140 - Savings. The enactment of this ordinance will not affect any case, proceeding, appeal o r other matter currently pending in any court or before the city or in any way modify any obligation, right or liability, civil or criminal, which may exist by virtue of any of the ordinances herein amended. (Ord. 1284 §13, 2002). 15.16.150 080 - Violation penalties. A. Any person possessing, using, discharging, igniting, or exploding any consumer firework in violation of this chapter has committed a civil infraction. 1. For a period of 365 days after the effective date of this ordinance, a violation of this subsection shall be a class 3 civil infraction. 2. For the period beginning on the 366th day after the effective date of this ordinance until the 730th day after the effective date of this ordinance, a violation of this subsection shall be a class 2 civil infraction. 3. Beginning on the 731st day after the effective date of this ordinance, a violation of this subsection shall be a class 1 civil infraction. 4. The penalties and assessments for each class of infraction shall be as set by state law. Base penalties shall be as set forth in RCW 7.80.120 as now enacted or subsequently amended. Public Safety and Education Assessments shall be as set forth in RCW 3.62.090 as now enacted or subsequently amended. The base penalty amounts and Public Safety and Education Assessments at the time of the adoption of this ordinance are shown in the table below. The table is for illustrative purposes only and the amount of the base fine and the Public Safety and Education Assessments shall be as provided by state law. Class Base penalty per RCW 7.80.120 Public Safety and Education Assessment per RCW 3.62.090(1) Public Safety and Education Assessment per RCW 3.62.090(2) Total Fine Class 1 250 175 88 513 Class 2 125 88 44 257 Class 3 50 35 18 103 Formatted: Space After: 0 pt, Line spacing: single, Tab stops: 0.25", Left + 0.5", Left Formatted: Tab stops: 0.25", Left + 0.5", Left Formatted: Space After: 0 pt, Line spacing: single, Tab stops: 0.25", Left + 0.5", Left Formatted: Indent: Left: 0.5", Space After: 0 pt, Line spacing: single, Tab stops: 0.25", Left + 0.5", Left + 0.88", Left Formatted: Tab stops: 0.25", Left + 0.5", Left Formatted: Indent: Left: 0.42", Tab stops: 0.25", Left + 0.5", Left Formatted Table Formatted: Tab stops: 0.25", Left + 0.5", Left Formatted: Tab stops: 0.25", Left + 0.5", Left Formatted: Tab stops: 0.25", Left + 0.5", Left Formatted: Tab stops: 0.25", Left + 0.5", Left Formatted: Space After: 0 pt, Line spacing: single, Tab stops: 0.25", Left + 0.5", Left Formatted: Tab stops: 0.25", Left + 0.5", Left B. Any person selling or transferring any consumer firework in violation of this chapter is guilty of a misdemeanor. C. Any person possessing, using, selling, transferring, discharging, igniting, or exploding any display firework in violation of this chapter is guilty of a gross misdemeanor. D. Any person possessing, using, selling, transferring, discharging, igniting, or exploding any dangerous firework, as defined by state law, is guilty of a gross misdemeanor. E. Any fireworks that are possessed or used in violation of this chapter may be confiscated.Violation of any section of this chapter constitutes a gross misdemeanor. (Ord. 1284 §14, 2002). Formatted: Space After: 0 pt, Line spacing: single, Tab stops: 0.25", Left + 0.5", Left Formatted: Space After: 0 pt, Line spacing: single, Tab stops: 0.25", Left + 0.5", Left Formatted: Space After: 0 pt, Line spacing: single, Tab stops: 0.25", Left + 0.5", Left Formatted: Indent: First line: 0", Space After: 0 pt, Tab stops: 0.25", Left + 0.5", Left Chapter 15.16 - FIREWORKS 15.16.010 - Intent. It is expressly the purpose of this ordinance to provide for and promote the health, safety, and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially p rotected or benefited by the terms of this ordinance. It is the specific intent of this ordinance that no provision or term used in this ordinance is intended to impose any duty whatsoever upon the city or any of its officers or employees. Nothing contained in this ordinance is intended nor will be construed to create or form the basis of any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the city related in any manner to the enforcement of this ordinance by its officers, employees or agents. 15.16.020 - Title. This chapter will be known and cited as the "Fireworks Ordinance of the City of Arlington." 15.16.030 - Definitions. The definitions of chapter 70.77 RCW, as now enacted or subsequently amended, are adopted by reference and shall govern the construction of this chapter, when applicable. 15.16.040 - Possession, use and discharge of fireworks unlawful. A. It is unlawful for any person to possess, use, sell, transfer, discharge, ignite, or explode any fireworks within the city; provided that this prohibition shall not apply to the following activities, when authorized by a state license and city permit: 1. Duly authorized public displays, as provided in chapter 70.77 RCW; and 2. Duly authorized use by religious organizations or private organizations or persons for religious or other specific purposes on an approved date and in an approved location, as provided in RCW 70.77.311, and authorized by the Arlington fire marshal. B. Trick and novelty devices, as defined by state law, are not fireworks for the purposes of this chapter. C. This chapter does not prohibit the use of torpedoes, flares, or fuses by motor vehicles, railroads, or other transportation agencies for signal purposes or illumination or for use in forest protection activities. 15.16.050 - Public displays, when permitted. It is unlawful for any person to hold, conduct or engage in a public display of fireworks within the city without first having obtained and being the holder of a valid permit issued pursuant to the provisions of this chapter. 15.16.060 - Public display permit—applications, permits. A person desiring to make a public display of fireworks shall apply in writing for a permit to hold, conduct or operate a public display of fireworks to the Arlington fire marshal at least sixty (60) days prior to the scheduled event. Applicants shall meet all qualifications and requirements of state law regarding public display of fireworks and all fire and safety requirements as set forth in the standards for public display. Applicants shall pay permit fees as required by the city fee resolution. The application must include: (1) a copy of the applicant's Washington state pyrotechnic operator license (or the pyrotechnic operator license of the applicant's employee who will conduct the public display); (2) evidence of a bond issued by an authorized surety or a certificate of public liability insurance; (3) a drawing showing a plan view of the fireworks discharge site and the surrounding area within a 500-foot radius; (4) the exact location, date and time of the proposed display; and (5) the number, type and class of fireworks to be displayed, the manner in which the fireworks are being stored prior to the public fireworks display. The fire marshal shall investigate whether the character and location of the display as proposed would be hazardous to property or dangerous to any person. The fire marshal may grant a permit, deny the same, or impose other requirements on the applicant as needed to protect the public safety. 15.16.070 - Public display permits--transfer Each public display permit issued pursuant to this chapter shall be valid for the specific authorized public display event only, shall be used only by the designated permittee and shall be nontransferable. Any transfer or unauthorized use of a permit is a violation of this chapter and shall void the permit granted in addition to all other sanctions provided in this code. 15.16.080 - Violation penalties. A. Any person possessing, using, discharging, igniting, or exploding any consumer firework in violation of this chapter has committed a civil infraction. 1. For a period of 365 days after the effective date of this ordinance, a violation of this subsection shall be a class 3 civil infraction. 2. For the period beginning on the 366th day after the effective date of this ordinance until the 730th day after the effective date of this ordinance, a violation of this subsection shall be a class 2 civil infraction. 3. Beginning on the 731st day after the effective date of this ordinance, a violation of this subsection shall be a class 1 civil infraction. 4. The penalties and assessments for each class of infraction shall be as set by state law. Base penalties shall be as set forth in RCW 7.80.120 as now enacted or subsequently amended. Public Safety and Education Assessments shall be as set forth in RCW 3.62.090 as now enacted or subsequently amended. The base penalty amounts and Public Safety and Education Assessments at the time of the adoption of this ordinance are shown in the table below. The table is for illustrative purposes only and the amount of the base fine and the Public Safety and Education Assessments shall be as provided by state law. Class Base penalty per RCW 7.80.120 Public Safety and Education Assessment per RCW 3.62.090(1) Public Safety and Education Assessment per RCW 3.62.090(2) Total Fine Class 1 250 175 88 513 Class 2 125 88 44 257 Class 3 50 35 18 103 B. Any person selling or transferring any consumer firework in violation of this chapter is guilty of a misdemeanor. C. Any person possessing, using, selling, transferring, discharging, igniting, or exploding any display firework in violation of this chapter is guilty of a gross misdemeanor. D. Any person possessing, using, selling, transferring, discharging, igniting, or exploding any dangerous firework, as defined by state law, is guilty of a gross misdemeanor. E. Any fireworks that are possessed or used in violation of this chapter may be confiscated. City of Arlington Council Agenda Bill Item: WS #6 Attachment F COUNCIL MEETING DATE: May 11, 2020 SUBJECT: Resolution Establishing a Moratorium on Evictions ATTACHMENTS: Proposal from Councilmember Mike Hopson DEPARTMENT OF ORIGIN Administration; City Administrator Paul Ellis - 360-403-4603 EXPENDITURES REQUESTED: BUDGET CATEGORY: BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: Council is being asked to review a resolution establishing a moratorium on small business and nonprofit organization evictions in Arlington due to nonpayment of rent or the expiration of existing leases during the Washington State Covid-19 Emergency Orders and one hundred twenty (120) days thereafter. HISTORY: Through a series of actions taken by WA State to help slow the spread of the COVID-19 virus throughout the state, most notably the order to close all non-essential businesses and projects, numerous businesses and residents of Arlington have suffered and will continue to suffer significant financial damages. Such damages include loss of business income, layoffs, and reduced hours for a significant percentage of the workforce. As a result of this, many Arlington business owners and working families are enduring constant worry and even fear that are increasingly difficult to bear. Because the City Council is charged with promoting the common good, it is right and proper for it to take appropriate measures to do what it can to ease this burden. Therefore in accordance with the lead Two City Council Actions in Response to Covid-19 Pandemic and the WA State Emergency Orders 1. A resolution establishing a moratorium on small business and nonprofit organization evictions in Arlington due to nonpayment of rent or the expiration of existing leases during the Washington State Covid-19 Emergency Orders and one hundred twenty (120) days thereafter. Through a series of actions taken by WA State to help slow the spread of the COVID-19 virus throughout the state, most notably the order to close all non-essential businesses and projects, numerous businesses and residents of Arlington have suffered and will continue to suffer significant financial damages. Such damages include loss of business income, layoffs, and reduced hours for a significant percentage of the workforce. As a result of this, many Arlington business owners and working families are enduring constant worry and even fear that are increasingly difficult to bear. Because the City Council is charged with promoting the common good, it is right and proper for it to take appropriate measures to do what it can to ease this burden. Therefore in accordance with the lead set by Governor Inslee, this moratorium on evictions is intended to provide small businesses and nonprofit organizations some relief during this unprecedented public health and economic emergency. 2. A resolution authorizing the City Administrator to allocate emergency End of Balance Funds to the Arlington Community Resource Center, the Arlington Food Bank, and the Social Services Flex Fund as required. Among those most hurt by the COVID-19 pandemic emergency in Arlington are those individuals who need food and shelter, behavioral health and domestic violence services, and other critical human services. The Resolution will help to address those needs. The Resolution authorizes the City Administrator to provide grant amounts upon request from each such agency to help with budget challenges and increased caseload faced by the agencies. We’ve all been impacted by COVID-19. However, we must pay special attention to those who were already in challenging circumstances prior to the pandemic. This Resolution helps us to provide important resources to the agencies that provide services to those that are most in-need in our community. General Fund Balance (4/22/2020) $2,439,807 Restricted by Policy (1 mo. Operating expense) $1,500,000 Unrestricted Funds Available $939,807 Mike Hopson Arlington City Councilman City of Arlington Council Agenda Bill Item: WS #7 Attachment GCOUNCIL MEETING DATE: May 11, 2020 SUBJECT: Resolution Authorizing the City Administrator to Allocate Emergency Funds ATTACHMENTS: Proposal from Councilmember Mike Hopson; Social Services Summary DEPARTMENT OF ORIGIN Administration; Paul Ellis, City Administrator - 360-403-4603 EXPENDITURES REQUESTED: BUDGET CATEGORY: BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: Council is being asked to review a resolution authorizing the City Administrator to allocate emergency End of Balance Funds to the Arlington Community Resource Center, the Arlington Food Bank, and the Social Services Flex Fund, as required. HISTORY: Among those most hurt by the COVID-19 pandemic emergency in Arlington are those individuals who need food and shelter, behavioral health and domestic violence services, and other critical human services. The Resolution will help to address those needs. The Resolution authorizes the City Administrator to provide grant amounts upon request from each such agency to help with budget challenges and increased caseload faced by the agencies. Two City Council Actions in Response to Covid-19 Pandemic and the WA State Emergency Orders 1. A resolution establishing a moratorium on small business and nonprofit organization evictions in Arlington due to nonpayment of rent or the expiration of existing leases during the Washington State Covid-19 Emergency Orders and one hundred twenty (120) days thereafter. Through a series of actions taken by WA State to help slow the spread of the COVID-19 virus throughout the state, most notably the order to close all non-essential businesses and projects, numerous businesses and residents of Arlington have suffered and will continue to suffer significant financial damages. Such damages include loss of business income, layoffs, and reduced hours for a significant percentage of the workforce. As a result of this, many Arlington business owners and working families are enduring constant worry and even fear that are increasingly difficult to bear. Because the City Council is charged with promoting the common good, it is right and proper for it to take appropriate measures to do what it can to ease this burden. Therefore in accordance with the lead set by Governor Inslee, this moratorium on evictions is intended to provide small businesses and nonprofit organizations some relief during this unprecedented public health and economic emergency. 2. A resolution authorizing the City Administrator to allocate emergency End of Balance Funds to the Arlington Community Resource Center, the Arlington Food Bank, and the Social Services Flex Fund as required. Among those most hurt by the COVID-19 pandemic emergency in Arlington are those individuals who need food and shelter, behavioral health and domestic violence services, and other critical human services. The Resolution will help to address those needs. The Resolution authorizes the City Administrator to provide grant amounts upon request from each such agency to help with budget challenges and increased caseload faced by the agencies. We’ve all been impacted by COVID-19. However, we must pay special attention to those who were already in challenging circumstances prior to the pandemic. This Resolution helps us to provide important resources to the agencies that provide services to those that are most in-need in our community. General Fund Balance (4/22/2020) $2,439,807 Restricted by Policy (1 mo. Operating expense) $1,500,000 Unrestricted Funds Available $939,807 Mike Hopson Arlington City Councilman This is a list of ways that the City has been supporting social services since 2017 which includes; shelter, food and other basic needs that assist individuals getting access to housing and other services. (amount paid 2017 – 2020) TOTAL $101,891 *These are remaining balances to be spent during 2020.