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Home My WebLink About10-26-20 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 Zoom meeting, click here. Meeting ID: 847 4422 3157 Passcode: 265025 To join by phone: 1-253-215-8782 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 WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN 1. Resolution Establishing the City as a Public Aircraft Operator ATTACHMENT A Staff Presentation: Jonathan Ventura Council Liaison: Marilyn Oertle 2. Review of Preliminary Budget for 2021/2022 ATTACHMENT B Staff Presentation: Kristin Garcia Council Liaison: Mayor Pro Tem Jesica Stickles 3. Resolution for Proposed 2021 General Property Tax Levy ATTACHMENT C Staff Presentation: Kristin Garcia Council Liaison: Mayor Pro Tem Jesica Stickles 4. Resolution for Proposed 2021 EMS Tax Levy ATTACHMENT D Staff Presentation: Kristin Garcia Council Liaison: Mayor Pro Tem Jesica Stickles Arlington City Council Workshop Monday, October 26, 2020 at 7:00 pm 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. Request to Remove Moratorium for Special Events ATTACHMENT E Staff Presentation: Sarah Lopez Council Liaison: Councilmember Marilyn Oertle 6. RFA Planning Document Discussion ATTACHMENT F Staff Presentation: Paul Ellis Council Liaison: Councilmember Marilyn Oertle 7. Interlocal Agreement with North County Regional Fire Authority (NCRFA) ATTACHMENT G for Cost Sharing Staff Presentation: Paul Ellis Council Liaison: Councilmember Marilyn Oertle 8. Revisions to City Council Rules of Procedure and Code of Ethics ATTACHMENT H Staff Presentation: Steve Peiffle / Paul Ellis Council Liaison: Mayor Pro Tem Jesica Stickles 9. Ordinance for Floodplain Regulations Chapter 20.64 AMC ATTACHMENT I Staff Presentation: Marc Hayes Council Liaison: Mayor Pro Tem Jesica Stickles 10. Community & Economic Development Monthly Report ATTACHMENT J Staff Presentation: Marc Hayes 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 ready to implement its own policies and standard operating procedures. Part of the process moving include; Traffic Collision Reconstructions, Search and Rescue, Crime Scene Documentation, and Police K9 Tracking and Security. As the City of Arlington continues to grow, many department struggle to keep pace with the expanded demands for service and the Police Department is no exception. These increased RESOLUTION NO. 2020-XXX RESOLUTION NO. 2020-XXX A RESOLUTION OF THE CITY OF ARLINGTON ESTABLISHING THE CITY AS A PUBLIC AIRCRAFT OPERATOR WHEREAS, the City of Arlington is a municipal corporation under the laws of the State of Washington; and WHEREAS, the City intends to begin using small unmanned remotely controlled aircraft (drones) for the purpose of providing emergency responders a better situational awareness profile when operating at emergency scenes; and WHEREAS, the City does not intend to operate the drones for compensation or hire; and WHEREAS, the City Council deems it appropriate to request that the Federal Aviation Administration (FAA) authorize such drone usage; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON AS FOLLOWS: 1. The City hereby intends to become a Public Aircraft Operator as such term is defined and regulated by the Federal Aviation Administration; and 2. The City Attorney is directed to issue a Public Declaration Letter consistent with the terms of this Resolution. ADOPTED by the City Council and APPROVED by the Mayor this _______ day of _______________________, 2020. CITY OF ARLINGTON _______________________________ Barbara Tolbert, Mayor ATTEST: ________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: ________________________________ Steven J. Peiffle, City Attorney STEVEN J. PEIFFLE 103 NORTH STREET PHONE (360) 435-2168 Steve@snolaw.com POST OFFICE BOX 188 FAX (360) 435-6060 ARLINGTON, WA 98223-0188 October 21, 2020 Federal Aviation Administration Scott J. Gardner, Acting Air Traffic Manager Unmanned Aircraft Tactical Operations, AJV-115 490 L’Enfant Plaza SW, Suite 7105 Washington DC 20024 Re: Municipal/Public operation of Small Unmanned Aircraft Systems Dear Acting Manager Gardner: The City of Arlington, Washington is requesting to operate as a public aircraft operator of small unmanned aircraft systems (SUAS) as defined in 14 CFR § 107.3. The City of Arlington is an independent local government entity in Washington established under the Optional Municipal Code, Revised Code of Washington (RCW) Chapter 35A. As general counsel for the City of Arlington, I certify that the City is a political subdivision of the State of Washington as defined in 49 U.S.C. § 40102(a) (41)(C). The City will be operating SUAS in support of emergency personnel and understands and will comply with all restrictions and provisions under its Certificate of Authorization (COA). All aircraft to be used in City operations will be SUAS owned and operated by the City or other authorized municipal agencies. The SUAS will not be used for commercial purposes or to carry any individual in accordance with 49 U.S.C. § 40125(b). The City will not operate the SUAS for compensation or hire in reference to 49 U.S.C. § 40125(b). If you have any questions or concerns, please call (360) 435-2168. Very sincerely, BAILEY, DUSKIN & PEIFFLE, P.S. Steven J. Peiffle Arlington City Attorney SJP/ms City of Arlington Council Agenda Bill Item: WS #2 Attachment B revenues were removed. The preliminary budget will be made available to the public on October 26, 2020 and a public hearing will be held November 2, 2020 to allow for public comment on the proposed City of Arlington Council Agenda Bill Item: WS #3 Attachment CCOUNCIL MEETING DATE: October 26, 2020 SUBJECT: Review Resolutions to Establish the Regular Property Tax Levy for 2021 ATTACHMENTS: 1)A Resolution of the City of Arlington Establishing the 2021 Regular Property Tax Levy 2)A Resolution of the City of Arlington Authorizing an Increase in Tax Levy Capacity Pursuant to RCW84.55.120 and an Increase in Limit Factor for Maximum Levy Capacity Pursuant to RCW 85.55.0101.DEPARTMENT OF ORIGIN Finance; Kristin Garcia, Director 360-403-3431 EXPENDITURES REQUESTED: N/ABUDGET CATEGORY: General Fund – Regular Property Tax Levy BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Two resolutions are being presented to Council set the regular property tax levy for 2021. The first resolution establishes the 2021 regular property tax levy and the resolution must state the dollar amount and percentage of the increase. The amount of the increase is $85,797.22, a 2% increase from last year’s levy. The 2% increase is broken down as follows; 1% increase from last year’s levy $43,375.16 and 1% of banked capacity of $42,422.06. Additionally, under state law, local governments with a population of 10,000 or more are limited to increase property taxes by the lesser of 1% or the rate of inflation (implicit price deflator or IPD). The IPD for 2020 is .602% which means that in order to receive the full 1%, a substantial need resolution must be adopted to increase the limit factor to the full 1%. The substantial need resolution must be passed by a supermajority of the Council (majority + 1 = 5 votes). A public hearing will be held on November 2, 2020 to allow for public comment on the proposed 2021 regular property tax levy. Final resolutions will be brought to council on November 16, 2020 for action. Resolutions must be delivered to Snohomish County no later than November 25, 2020. HISTORY: A retreat was held on October 6, 2020 to review and discuss the city’s 2021 – 2022 preliminary budget and proposed increase in the regular property tax levy. The preliminary budget document was placed on file with the public on October 26, 2020. ALTERNATIVES: No increase in the tax levy. RECOMMENDED MOTION: Workshop; discussion only. RESOLUTION NO. 2020 - XXX A RESOLUTION OF THE CITY OF ARLINGTON ESTABLISHING THE 2021 REGULAR PROPERTY TAX LEVY WHEREAS, the City Council of the City of Arlington has met and considered its biennial budget for the years 2021-2022; and WHEREAS, the City’s Regular Property Tax actual levy amount from the previous year (2020) was $4,295,093.52; and WHEREAS, the population of the City of Arlington is more than 10,000, and BE IT RESOLVED by the City Council of the City of Arlington that an increase in the regular property tax levy is hereby authorized for the levy to be collected in the 2021 tax year. The dollar amount of the increase over the actual levy amount from the previous year shall be $85,797.22 which is a percentage increase of 2% from the previous year. This increase is exclusive of additional revenue resulting from new construction, improvements to property, newly constructed wind turbines, any increase in the value of state assessed property, any annexations that have occurred and refunds made. PASSED and APPROVED by the Mayor and City Council of the City of Arlington, at a regular meeting held on the 16th day of November, 2020. _____________________________ Barbara Tolbert, Mayor ATTEST: ________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: ______________________________ Steve Peiffle, City Attorney RESOLUTION NO. 2020 - XXX A RESOLUTION OF THE CITY OF ARLINGTON AUTHORIZING AN INCREASE IN TAX LEVY CAPACITY PURSUANT TO RCW 84.55.120 AND AN INCREASE IN LIMIT FACTOR FOR MAXIMUM LEVY CAPCITY PURSUANT TO RCW 85.55.0101. WHEREAS, the City Council of the City of Arlington has met and considered its biennial budget for the calendar years 2021 - 2022; and WHEREAS, increases in regular property taxes imposed by the City are limited by Chapter 84.55 RCW so that the EMS tax levy of the City may increase from year to year by an amount equal to the limit factor (plus increases permitted due to new construction, refunds and increases in value of state assessed property); and WHEREAS, pursuant to RCW 84.55.005 and 84.55.010, the limit factor for the City’s 2021 EMS tax levy is 100.602 for taxing districts with populations of 10,000 or more; and WHEREAS, the highest regular EMS tax that could have been lawfully levied by the City beginning with the 1985 levy is equal to $1,026,885.95 (“Highest Levy Available”); and WHEREAS, the City has an ongoing need to provide emergency medical services to its constituents; and WHEREAS, the City has determined it has substantial need and would like to use its levy capacity for 2021, and WHEREAS, the City is authorized to increase its Highest Levy Available by one percent, which equals $10,268.86; and BE IT RESOLVED, the City Council of the City of Arlington taxing district has determined that due to a general and operations expense, the City Council finds there is a substantial need to set the levy limit at one hundred one percent (101%). PASSED and APPROVED by the Mayor and City Council of the City of Arlington, at a regular meeting held on the 16th day of November, 2020. _____________________________ Barbara Tolbert, Mayor ATTEST: ___________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: ___________________________ Steve Peiffle, City Attorney City of Arlington Council Agenda Bill Item: WS #4 Attachment DCOUNCIL MEETING DATE: October 26, 2020 SUBJECT: Review Resolutions to Establish the EMS Tax Levy for 2021 ATTACHMENTS: 1)A Resolution of the City of Arlington Establishing the 2021 EMS Property Tax Levy2)A Resolution of the City of Arlington Authorizing an Increase in Tax Levy Capacity Pursuant to RCW84.55.120 and an Increase in Limit Factor for Maximum Levy Capacity Pursuant to RCW 85.55.0101.DEPARTMENT OF ORIGIN Finance; Kristin Garcia, Director 360-403-3431 EXPENDITURES REQUESTED: N/ABUDGET CATEGORY: EMS Fund – EMS Tax Levy BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Two resolutions are being presented to Council set the EMS tax levy for 2021. The first resolution establishes the 2021 EMS tax levy and the resolution must state the dollar amount and percentage of the increase. The amount of the increase is $10,268.86, a 1% increase from last year’s levy. Additionally, under state law, local governments with a population of 10,000 or more are limited to increase property taxes by the lesser of 1% or the rate of inflation (implicit price deflator or IPD). The IPD for 2020 is .602% which means that in order to receive the full 1%, a substantial need resolution must be adopted to increase the limit factor to the full 1%. The substantial need resolution must be passed by a supermajority of the council (majority + 1 = 5 votes). A public hearing will be held on November 2, 2020 to allow for public comment on the proposed 2021 EMS tax levy. Final resolutions will be brought to council on November 16, 2020 for action. Resolutions must be delivered to Snohomish County no later than November 25, 2020. HISTORY: A retreat was held on October 6, 2020 to review and discuss the city’s 2021 – 2022 preliminary budget and proposed increase in the EMS tax levy. The preliminary budget document was placed on file with the public on October 26, 2020. ALTERNATIVES: No increase in the tax levy. RECOMMENDED MOTION: Workshop; discussion only. RESOLUTION NO. 2020-XXX A RESOLUTION OF THE CITY OF ARLINGTON ESTABLISHING THE 2021 EMS TAX LEVY WHEREAS, the City Council of the City of Arlington has met and considered its biennial budget for the years 2021 – 2022; and WHEREAS, the City’s EMS actual tax levy amount from the previous year (2018) was $1,016,842.73; and WHEREAS, the population of the City of Arlington is more than 10,000, and now therefore, BE IT RESOLVED by the City Council of the City of Arlington that an increase in the regular property tax levy is hereby authorized for the levy to be collected in the 2020 tax year. The dollar amount of the increase over the actual levy amount from the previous year shall be $10,268.86 which is a percentage increase of 1% from the previous year. This increase is exclusive of additional revenue resulting from new construction, improvements to property, newly constructed wind turbines, any increase in the value of state assessed property, any annexations that have occurred and refunds made. PASSED and APPROVED by the Mayor and City Council of the City of Arlington, at a regular meeting held on the 16th day of November, 2020. ____ Barbara Tolbert, Mayor ATTEST: __________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: ___________________________ Steve Peiffle, City Attorney RESOLUTION NO. 2020 - XXX A RESOLUTION OF THE CITY OF ARLINGTON AUTHORIZING AN INCREASE IN TAX LEVY CAPACITY PURSUANT TO RCW 84.55.120 AND AN INCREASE IN LIMIT FACTOR FOR MAXIMUM LEVY CAPCITY PURSUANT TO RCW 85.55.0101. WHEREAS, the City Council of the City of Arlington has met and considered its biennial budget for the calendar years 2021 - 2022; and WHEREAS, increases in regular property taxes imposed by the City are limited by Chapter 84.55 RCW so that the EMS tax levy of the City may increase from year to year by an amount equal to the limit factor (plus increases permitted due to new construction, refunds and increases in value of state assessed property); and WHEREAS, pursuant to RCW 84.55.005 and 84.55.010, the limit factor for the City’s 2021 EMS tax levy is 100.602 for taxing districts with populations of 10,000 or more; and WHEREAS, the highest regular EMS tax that could have been lawfully levied by the City beginning with the 1985 levy is equal to $1,026,885.95 (“Highest Levy Available”); and WHEREAS, the City has an ongoing need to provide emergency medical services to its constituents; and WHEREAS, the City has determined it has substantial need and would like to use its levy capacity for 2021, and WHEREAS, the City is authorized to increase its Highest Levy Available by one percent, which equals $10,268.86; and BE IT RESOLVED, the City Council of the City of Arlington taxing district has determined that due to a general and operations expense, the City Council finds there is a substantial need to set the levy limit at one hundred one percent (101%). PASSED and APPROVED by the Mayor and City Council of the City of Arlington, at a regular meeting held on the 16th day of November, 2020. Barbara Tolbert, Mayor ATTEST: ___________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: ___________________________ Steve Peiffle, City Attorney City of Arlington Council Agenda Bill Item: WS #5 Attachment E COUNCIL MEETING DATE: October 26, 2020 SUBJECT: Special Event Request Turkey Trot Fun Run ATTACHMENTS: Proposal and State’s Phase 2 requirements for running events. DEPARTMENT OF ORIGIN Administration, Sarah Lopez 360-403-3448 EXPENDITURES REQUESTED: NoneBUDGET CATEGORY: None BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: The Arlington Runners Club is requesting a special event permit for annual fun run “Turkey Trot” on Thursday, November 26, 2020. The event sponsor is stating that they will follow the Governor’s Phase 2 outdoor running COVID-19 reopening requirements that were issued on October 6. HISTORY: At the June 15, 2020 City Council Meeting, Council approved a cessation of processing special event permits. Under the Governor’s Safe Start, Stay Healthy proclamation, large gatherings are prohibited. ALTERNATIVES: RECOMMENDED MOTION: Workshop; discussion only. At the November 2 Council meeting, the recommended motion will be, “I move to approve the special event permit for the 'Turkey Trot' on November 26, 2020, as presented.” Turkey Trot Fun Run Proposal for City of Arlington  Sponsor: Arlington Runners Club  Contact: Devin Brossard dbrossardjp@gmail.com 360-722-1578  Event date: Thursday, November 26, 2020  Event location: on your own (you chose route), or follow suggested route from Grocery Outlet through Stormwater park, down Dike Road, and return. 5K run.  Event Website: https://turkeytrot5k.itsyourrace.com/event.aspx?id=8873, will included safety protocols.  Registration: Online only  Packet Pickup: November 26, 8am-9am in Grocery Outlet parking lot. Area to be social distanced. WA State COVID Phase 2 requirements for running competitions, event to follow the requirements: https://www.governor.wa.gov/sites/default/files/COVID19%20Phase%202%20and%203%20Biking%20R unning%20Etc.%20Guidance.pdf Event information: The Turkey Trot event is currently set up as a virtual run with permission of the Arlington Grocery Outlet to use their parking lot for packet pickup, and an opportunity to take pictures in front of the archway. Organized event: Aside from staggered start times, we would also provide a written email out to all registrants with current guidelines described in detail. Currently those guidelines include but aren't limited to: No day of registration, no groups larger than 5 people, maintain social distance at all times during the event, sanitation products available, and no congregating. Because we don't know exactly what the guidelines will be at the time of the event, we will put out a current list that is fully compliant at the time of the event. Only start 10 racers at a time – and this is a 5K race, there will likely be time for a max of 18 to 19 starts. For this to work, 10 racers need to start every minute. For this race, families like to go together and coming up with groups of exactly 10 may not work so well. If each group doesn’t have 10, then the max number of racers obviously decreases. Predefining the groups is made easier by the requirement that all pre-registration be done online (no same day in-person registration allowed). Route Maintenance request: Requesting that the route through the Stormwater Wetland Park trails be mowed wide enough to allow runners to pass with 6 feet clearance, and to check for debris before the event. Message from Devin: We are fully committed to making this event a positive, community reuniting event that is fully compliant. Arlington has been ahead of everyone in Washington State with our police, with our leadership, and I think we can be ahead of everyone by reuniting its community members after this year of stress. I think this event could start that process. Please let me know if there are any additional questions. 10.6.2020 1 | P a g e Phase 2 and 3 outdoor bicycle, running, cross country skiing, and non-motorized boating: races, tours, and rides COVID-19 Reopening Requirements Included here: Races, bicycle tours and rides, runs, cross country skiing races, biathlons, canoe and kayak races, marathons, cross country running competitions, triathlons, and multi-sport competitions with more than 12 participants. Not included here: Sporting activities and outdoor group fitness classes. Also not included under these guidelines are “fun runs” without participant timing or “charity walks.” Except as otherwise specified in this guidance, indoor competitive sporting activities or races, such as professional, amateur, or organized team sports and outdoor group fitness classes should follow the guidance for Professional Sports and Other Sporting Activities. All outdoor bicycle, running and non-motorized boating: races, bike tours, cross country skiing races, , and rides operating during Phase 2 and Phase 3 must adopt a written procedure for employee safety and customer interaction that is at least as protective as this procedure and complies with the safety and health requirements below. Activity operation requirements Phase 2: - Organizers are recommended to offer a virtual option, if a virtual option can be achieved in a safe manner, for participants who would like to participate on their own and not share a common course with other participants and would prefer a virtual course of their own choosing. - All pre-registration must occur online. No same day in-person registration is allowed. - It is recommended that bib numbers and activities packets are mailed to participants prior to the activity. If it is not practical to mail bib numbers and packets pick-up operations should include strategies to stagger pick-up times, reduce congregation, and ensure 6-foot distancing in any cue lines. - Starting waves of 10 participants or less must be used with no more than one wave starting every minute and no more than 200 total participants starting per hour. No more than 3 consecutive hours of starting waves allowed per day. Waves should be sequenced by pace with faster racers going first, then working towards the slower racers to reduce likelihood for congestion or passing on the course. The starting area is limited to no more than 50 participants at any time awaiting their staggered starts. Participants waiting for their start time must maintain at least six feet of distance from all other people and wear face coverings until their race begins. Additional participants must wait in their vehicles or away from the course until their start time approaches. - Employees and volunteers necessary to supervise the event are not considered “participants” for the sake of calculating starting waves and are allowed as needed. Employees and volunteers must wear facial coverings and maintain physical distance in compliance with current guidelines. - Participants must make an effort to remain 6 feet from other participants on the course as much as 10.6.2020 2 | P a g e possible. If participants need to pass another participant they need to pass them in a manner that is safe and makes the moment of passage as brief as reasonably possible. Similarly if a participant is being passed that participant must allow for passing such that distance between participants can be achieved in as brief amount of time as reasonably possible. - Spectators are not allowed. A member of the same household of a participant or a coach may provide support for a participant along the activity area including providing hydration and nutrition supplies, gear replacement and repair, or trash disposal in locations other than the activity-crew supported hydration and nutrition stations. The support person must always remain at least 6 feet away from all people aside from their athlete and may not visit the start or finish to avoid congestion or crowding in these areas. - No congregation of more than 5 people allowed at hydration and nutrition stations at any one time. Participants must obtain hydration and nutrition supplies and then proceed. Hydration and nutrition station crews must maintain 6 foot separation from participants, and each other at all times as much as reasonably possible and wear facial coverings. - No congregation allowed at the activity start or finish area. Participants must leave the activity area when finished. No exhibitors, food vendors, beer gardens, awards ceremonies, or after party activities allowed in the activity start or finish area. - Lines at portable toilets must be managed such that there is at least 6 foot of distance between all participants waiting in lines. The race must provide a hand washing station or hand sanitizer at all restroom stations. - Organizers must retain registration data for 30 days after the activity in order to aid possible contact tracing. Phase 3: All the same guidelines as Phase 2 must be adhered to with these exceptions: - Starting waves of 15 participants or less must be used with no more than one wave started every minute and no more than 300 total participants started per hour. No more than 3 consecutive hours of starting waves allowed per day. Waves should be sequenced by pace with faster racers going first, then working towards the slower racers to reduce likelihood for congestion or passing on the course. The starting area is limited to no more than 100 participants at any time awaiting their staggered starts. Participants waiting for their start time must maintain at least six feet of distance from all other people and wear face coverings until their race begins Additional participants must wait in their vehicles or away from the course until their start time approaches. - Spectators are not allowed, except for spectators of the same household along the activity course but not at the start area or finish area. Spectators of the same household must remain at least six feet distanced from other spectators outside their household. A member of the same household of a participant may provide support for a participant along the activity area including providing hydration and nutrition supplies, gear replacement and repair, or trash disposal in locations other than the activity-crew supported hydration and nutrition stations. The support person must always remain at least 6 feet away from all people aside from their athlete and may not visit the start or finish line to avoid congestion or crowding in these areas. Safety and Health Requirements All outdoor bicycle, running and non-motorized boating: races, tours, and rides operating during Phase 2 or Phase 3 have a general obligation to keep a safe and healthy facility in accordance with state and federal law and safety and health rules for a variety of workplace hazards. In addition, they must comply with the following COVID-19 worksite-specific safety practices, as outlined in the Governor’s “Safe Start” 10.6.2020 3 | P a g e Proclamation 20-25, and in accordance with the Washington State Department of Labor & Industries General Requirements and Prevention Ideas for Workplaces and the Washington State Department of Health Workplace and Employer Resources & Recommendations. Employers must specifically ensure operations follow the main L&I COVID-19 requirements to protect workers, including: • Educate workers and volunteers in the language they understand best about coronavirus and how to prevent transmission and the employer’s COVID-19 policies. • Maintain minimum six-foot separation between all employees (and participants) in all interactions at all times. When strict physical distancing is not feasible for a specific task, other prevention measures are required, such as use of barriers, minimize staff or customers in narrow or enclosed areas, stagger breaks, and work shift starts. • Provide (at no cost to employees) and require the wearing of personal protective equipment (PPE) such as gloves, goggles, face shields and face masks as appropriate or required for the work activity being performed. Cloth facial coverings must be worn by every employee not working alone on the jobsite unless their exposure dictates a higher level of protection under Department of Labor & Industries safety and health rules and guidance. • Exceptions to this requirement for cloth face coverings include: when working alone in an office, vehicle, or at a job site; if the individual is deaf or hard of hearing, and is communicating with someone who relies on language cues such as facial markers and expression and mouth movements as a part of communication; if the individual has a medical condition or disability that makes wearing a facial covering inappropriate; or when the job has no in-person interaction. • Refer to Washington Coronavirus Hazard Considerations for Employers (except COVID-19 care in hospitals & clinics) Face Coverings, Masks, and Respirator Choices for additional details. Cloth face coverings are described in the Department of Health guidance. • Ensure frequent and adequate hand washing with adequate maintenance of supplies. Use disposable gloves where safe and applicable to prevent transmission on tools or other items that are shared. • Establish a housekeeping schedule that includes frequent cleaning and sanitizing with a particular emphasis on commonly touched surfaces. • Screen employees and volunteers for signs/symptoms of COVID-19 at the start of their shift. Make sure sick employees stay home or immediately go home if they feel or appear sick. Cordon off any areas where an employee with probable or confirmed COVID-19 illness worked, touched surfaces, etc. until the area and equipment is cleaned and sanitized. Follow the cleaning guidelines set by the CDC to deep clean and sanitize. • Post a sign at the activity site so that it is immediately noticeable to all participants that requires participants to wear cloth facial coverings. All participants must adhere to the requirements of the Secretary of Health’s Order 20-03, unless they are exempt from the requirement. People who are engaged in high intensity activities, such as strenuous indoor fitness, training, recreation, and sporting activities, may not be able to wear a cloth face covering if it causes difficulty breathing while exercising. Participants who remove their cloth facial coverings to exercise must wear them at all other times including immediately before and immediately after exercise. A site-specific COVID-19 supervisor shall be designated by the employer at each job site to monitor the health of employees and enforce the COVID-19 job site safety plan, including occupancy limits and sanitation protocols. A designated COVID-19 supervisor must be an employee for outdoor bicycle, running and non-motorized boating: races, tours, and rides operating during Phase 2 and Phase 3, unless the event is an all-volunteer run event, in which case the COVID-19 supervisor can be volunteer. 10.6.2020 4 | P a g e A worker may refuse to perform unsafe work, including hazards created by COVID-19. It is unlawful for an employer to take adverse action against a worker who has engaged in safety-protected activities under the law if the individual’s work refusal meets certain requirements. Information is available in these publications: Safety and Health Discrimination in the Workplace brochure and Spanish Safety and Health Discrimination brochure. Employees who choose to remove themselves from a worksite because they do not believe it is safe to work due to the risk of COVID-19 exposure may have access to certain leave or unemployment benefits. Employers must provide high-risk individuals covered by Proclamation 20-46 with their choice of access to available employer-granted accrued leave or unemployment benefits if an alternative work arrangement is not feasible. Other employees may have access to expanded family and medical leave included in the Families First Coronavirus Response Act, unemployment benefits, or other paid time off depending on the circumstances. Additional information is available at Novel Coronavirus Outbreak (COVID-19) Resources and Paid Leave under the WA Family Care Act and the Families First Coronavirus Response Act. No outdoor bicycle, running and non-motorized boating: races, tours, and rides may operate until it can meet and maintain all the requirements in this document, including providing materials, schedules and equipment required to comply. Additional considerations may be adopted, as appropriate. All issues regarding worker safety and health are subject to enforcement action under L&I’s Division of Occupational Safety and Health (DOSH). • Employers can request COVID-19 prevention advice and help from L&I’s Division of Occupational Safety and Health (DOSH). • Employee Workplace safety and health complaints may be submitted to the L&I DOSH Safety Call Center: (1-800-423-7233) or via e-mail to adag235@lni.wa.gov. • General questions about how to comply with the agreement practices can be submitted to the state’s Business Response Center at : https://coronavirus.wa.gov/how-you-can-help/covid-19- business-and-worker-inquiries. • All other violations related to Proclamation 20-25 can be submitted at https://coronavirus.wa.gov/report-safe-start-violation. Planning considerations: Prior to reopening, all outdoor bicycle, running and non-motorized boating: races, tours, rides are required to develop for each activity a comprehensive COVID-19 exposure control, mitigation and recovery plan. The plan must include policies regarding the following control measures: PPE utilization; on-location physical distancing; hygiene; sanitation; symptom monitoring; incident reporting; location disinfection procedures; COVID-19 safety training; exposure response procedures and a post-exposure incident project-wide recovery plan. A copy of the plan must be available at the location and available for inspection by state and local authorities. Safety Briefing Responsibility 1. The facility is responsible for providing a safety briefing at the beginning of outdoor bicycle, running and non-motorized boating: races, tours, and rides to emphasize the protective measures for everyone to include maintaining physical distancing, sanitation protocols, and pre-session screening. Alternatively, a safety video can be shared and emailed to the client prior to the scheduled appointment, or played for the group. Each client will sign a waiver of consent and commitment to the activity’s reopening policies prior to their scheduled participation time. 10.6.2020 5 | P a g e Pre-Activity Screening 2. Place signage at activity site to instruct participants that they cannot participate if they have been diagnosed with COVID-19 (have not recovered or are still within the required 10-day isolation period), had symptoms of COVID-19 (within the last 24 hours), or had contact with a person that has or is suspected to have COVID-19 (within the last 14 days). 3. An activity organizer may employ a COVID-19 safety monitor to conduct a temperature screening and/or questionnaire of participants. 4. For activities that take reservations: On-line or phone reservation systems to pre-pay and limit interactions are recommended. Safety and physical distancing practices 5. All outdoor bicycle, running and non-motorized boating: races, tours, and rides will employ one site- specific COVID-19 supervisor and additional safety monitors if needed, trained in the Washington State guidelines contained here, to ensure physical distancing, implement hygiene protocols, and ensure face covering requirements are adhered to during all hours of operations. This may require assigned safety monitors. 6. Physical distancing guidelines of at least six feet of separation must be maintained by every person in the activity at all times to the greatest extent possible. Each activity will have a physical distancing plan that explains where participants can be at a given time at the activity location. The facility’s or race’s COVID-19 supervisor is responsible for ensuring physical distancing guidelines are maintained. 7. Congregations of no more than five people will be allowed in the activity location, and only if physical distancing may be maintained. Sanitation Protocols 8. Ensure portable restrooms are frequently cleaned and appropriately disinfected throughout the day. Handwashing or hand sanitizing stations 9. Participants should to bring their own water bottles. Congregating at water bottle filling stations shall be limited. 10. Hand sanitizer with at least 60% alcohol must be available and distributed throughout the activity. 11. Equipment will be sanitized immediately after each use. Sanitation spray or wipes will be dispersed throughout the activity. Regularly sanitize common surfaces, score posting kiosks, and other frequently touched surfaces including employee used equipment. 12. For guidance on choosing safer disinfectants: Safer Cleaning, Sanitizing and Disinfecting Strategies to Reduce and Prevent COVID-19 Transmission, UWDEOHS Employee Protection 13. Screen all employees and trainers reporting to work for COVID-19 symptoms with the following questions: ○ Have you been in close contact with a confirmed case of COVID-19? ○ Are you experiencing a cough, shortness of breath, or sore throat? ○ Have you had a fever in the last 48 hours? ○ Have you had a loss of taste or smell? ○ Have you had vomiting or diarrhea in the last 24 hours? 14. Ask employees to take their temperature at home prior to arriving at the business, or take their temperature when they arrive. Thermometers used at the facility shall be ‘no touch’ or ‘no contact’ 10.6.2020 6 | P a g e to the greatest extent possible. If a ‘no touch’ or ‘no contact’ thermometer is not available, the thermometer must be properly sanitized and disinfected between each use. Any employee or trainer with a temperature of 100.4°F or higher is considered to have a fever and must be sent home. 15. Staff must be sent home if they’re sick or feel sick. If an employee or trainer reports feeling sick and goes home, the area where the person worked should be immediately disinfected. 16. Staff must wear employer provided face coverings and other personal protection items as required by the Washington State Department of Labor & Industries. Facility owners should provide training on personal protective equipment in accordance with the Washington State Department of Labor & Industries guidelines. 17. Staff must wash hands frequently with soap and water and use hand sanitizer. 18. If a staff member or trainer is confirmed to have COVID-19, facility owners should inform staff and trainers of their possible exposure but maintain confidentiality as required by the Americans with Disabilities Act. The facility owner should instruct employees and trainers how to proceed based on the CDC Public Health Recommendations for Community-related Exposure. City of Arlington Council Agenda Bill Item: WS #6 Attachment FCOUNCIL MEETING DATE: October 26, 2020 SUBJECT: Recommendation to Adopt Proposed North County Regional Fire Authority (NCRFA) Plan Amendment ATTACHMENTS: City’s Contributions to RFA, Memo from RFA Annexation Planning Committee recommending the adoption of proposed NCRFA plan amendment, NCRFA Plan Amendment DEPARTMENT OF ORIGIN Administration; Paul Ellis, City Administrator 360-403-4603 EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: The proposed NCRFA Plan Amendment is to accomplish annexation of the City of Arlington fire suppression and emergency medical response delivery responsibility into the NCRFA. The Planning Committee unanimously recommends Longley and Commissioner Greg Oaks. The subcommittee, along with staff support and a facilitator, Workshop; discussion only. At the November 2, 2020 Council meeting, the recommended motion will be, “I move to adopt the NCRFA Plan Amendment and resolution of the NCRFA Board, and to approve the annexation to the NCRFA, if approved by the voters.” Annexation – City’s Contributions to RFA OCTOBER 26, 2020 1 RFA Plan Amendment Financial Obligations If the annexation is successful, the City will have two financial contributions into the RFA •The City’s portion of employee liabilities •The City’s portion of reserves 2 RFA Plan Amendment Financial Obligations The RFA Planning Committee evaluated eight funding models for liabilities and reserve fund needs. Timing of contributions is critical to stabilize cash flow needs for both agencies. The following option meets the needs of NCRFA and COA. 3 Employee Liabilities The employee liability will be equal to the amount of leave balances as of 7/31/2021, and paid to the RFA in accordance with cash out provisions in the collective bargaining agreement. The liability is currently estimated to be $596,304 to be paid in full on or before 12/31/2021. 4 Reserve Contribution The City’s portion of the reserve contribution is $2.6 million, and will be paid using a combination of cash and non-cash items. Non cash items are debt and equipment value. $1 million in cash to be paid in full on or before 05/31/2022 $1 million in equipment value transferred to RFA at annexation. $696,478 retaining first two years of station 48 debt (2022/2023) 5 Summary •$596,304 employee liability paid in full on or before 12/31/2021. •$1 million in equipment value transferred to RFA at annexation. •$1 million paid in full on or before 5/31/2022. •$696,478 City retains first two years of station 48 debt. 6 September 28, 2020 TO: Honorable Mayor Tolbert and Councilmembers, City of Arlington Board of Commissioners, North County Regional Fire Authority (NCRFA) FM: RFA Annexation Planning Committee Members: Councilmember Marilyn Oertle, Councilmember Jesica Stickles, Commissioner Greg Oakes, Commissioner Larry Longley CC: City Administrator Paul Ellis, NCRFA Fire Chief John Cermak, City Fire Chief Dave Kraski RE: Recommending Adoption of Proposed NCRFA Plan Amendment Honorable Mayor Tolbert, Councilmembers and Members of the Board of Commissioners of NCRFA: It is with pleasure and a strong sense of optimism that we forward to you the Proposed NCRFA Plan Amendment to accomplish annexation of the City of Arlington fire suppression and emergency medical response delivery responsibility into the NCRFA. We unanimously recommend your adoption of the Plan Amendment so that the question of annexation may be submitted to the Arlington voters in February of 2021. The Plan Amendment is the result of a strong collaborative effort between our two agencies, including the four of us serving on the RFA Annexation Planning Committee as well as staff leadership from across the City and NCFA. We believe annexation of Arlington into the NCRFA as presented in the Plan Amendment will: • Maintain the quality of fire suppression response and emergency medical services for both our communities, as well as enable some important service improvements in the near term; • Provide a more efficient and cost-effective solution for taxpayers, building on the existing partnership between Arlington Fire and NCRFA; • Provide sustainable funding for fire/EMS services over time; • Enable the City to repeal the ambulance utility fee. The Plan Amendment includes a governance model that ensures equitable representation of Arlington’s interests within the NCRFA, and will give Arlington voters a direct voice in decisions about how their fire and emergency medical services are funded. The Plan Amendment ensures that all City fire department employees will become employees of NCRFA, retaining their seniority rights and accrued benefits. Fire union representatives have attended and offered comment at all our Committee meetings, and we are very pleased that both fire unions have endorsed the annexation. We were appointed to work to develop this Plan Amendment on your behalf in January of this year. Thus far, we have met fifteen times as a Committee. We have provided monthly updates to you, including seeking your concurrence for each major recommendation that is incorporated into this Plan. We are grateful for your support in this effort. Fire and emergency medical response is one of the most important services that local government provides. We are pleased to have had an opportunity to work to develop a plan to sustain and strengthen that service for the benefit of the residents and business owners in Arlington and NCRFA. We respectfully request your support for the Plan Amendment and would be pleased to answer any questions you may have about it. Sincerely, ______________________________ ____________________________ Councilmember Marilyn Oertle Councilmember Jesica Stickles ______________________________ ___________________________ Commissioner Greg Oakes Commissioner Larry Longley NCRFA Plan (Effective November __, 2020) - 1 NORTH COUNTY REGIONAL FIRE AUTHORITY (NCRFA) SERVICE PLAN TABLE OF CONTENTS Page Section 1: Background & Needs Statements 2 Section 2: Definitions 3 Section 3: Formation 4 Section 4: Annexation of City of Stanwood 6 Section 5: Annexation of City of Arlington 8 Section 6: Jurisdictional Boundaries 11 Section 7: Funding and Finance 12 Section 8: Governance 16 Section 9: Organizational Structure: Personnel & Administration 19 Section 10: Operations and Services 20 APPENDICES Appendix A: Jurisdiction Boundary Map 22 Appendix B: Organization Structure 23 Appendix C: Stanwood Real Property 24 Appendix D: Fire Prevention/ Public Education/ Emergency Management for Stanwood 25 Appendix E: Station 99 Meeting Room Policy 28 Appendix F: Arlington Equipment 31 Appendix G: Arlington Stations 32 Appendix H: Arlington Fire/EMS Interlocal Agreements 33 NCRFA Plan (Effective November __, 2020) - 2 SECTION 1 BACKGROUND & NEEDS STATEMENTS Revision BACKGROUND & NEEDS STATEMENTS section of the RFA Plan is subject to amendment by a majority vote of the NCRFA Governing Board. A. Background and Needs: (1) The ability to respond to emergency situations by fire protection / emergency medical services jurisdictions has not kept up with the community’s needs and special service demands, particularly in rapidly growing suburban areas. (2) Providing a fire protection and emergency medical service system requires a shared partnership and responsibility among the local and regional governments. (3) There are efficiencies to be gained by regional fire protection / emergency medical services delivery while retaining local control. (4) Timely development of significant projects can best be achieved through enhanced funding options for regional fire protection / emergency medical services agencies, using already existing taxing authority to address fire protection / emergency services needs and new authority to address critical fire protection projects and emergency services. (5) The City of Arlington and North County Regional Fire Authority (referred to herein as “NCRFA”) (which includes the City of Stanwood as a participating jurisdiction) have had a cooperative partnership, striving to provide the highest level of fire and emergency services to our community within the confines of available resources through an interlocal agreement for services. (6) The City of Arlington and NCRFA believe that annexation of the City of Arlington into NCRFA is in the best interests of the community. RFA SECTION 1 PLAN REVISION: The NEEDS STATEMENT section of the (RFA) Plan is subject to amendment by a majority vote of the NCRFA Governing Board. NCRFA Plan (Effective November __, 2020) - 3 SECTION 2 DEFINITIONS Revision DEFINITIONS RFA Plan subject to amendment by a majority vote of the NCRFA Governing Board. NORTH COUNTY REGIONAL FIRE AUTHORITY PLAN DEFINITIONS: The definitions in this section apply throughout this NCRFA Plan unless the context clearly requires otherwise. 1. "Board", “Governance Board”, or “Governing Board” means the governing body of North County Fire / EMS. 2. “Stanwood Annexation Date” means January 1, 2019. 3. “Arlington Annexation Date” means August 1, 2021. 4. “Interlocal Agreement” or “ILA” means any interlocal service agreement between NCRFA, the City of Arlington, and/or the City of Stanwood in providing certain administrative and support services per the adopted Plan. 5. “Participating Jurisdictions” means the municipal jurisdictions joining NCRFA in accordance with RCW 52.26. The original Participating Jurisdictions were Snohomish County Fire Districts 14 and 18, both of which were dissolved by a vote of the citizens within each district in 2017. The City of Stanwood became a Participating Jurisdiction on January 1, 2019. The City of Arlington became a Participating Jurisdiction on August 1, 2020. 6. "North County Regional Fire Authority" or “NCRFA” means a municipal corporation, an independent taxing authority within the meaning of Article VII, Section 1 of the state Constitution, and a taxing district within the meaning of Article VII, Section 2 of the state Constitution, whose boundaries are coextensive with two or more adjacent fire protection jurisdictions and that has been created by a vote of the people under RCW 52.26 to implement a North County Regional Fire Authority Service Plan. 7. "North County Regional Fire Authority Plan" or "Plan" means a plan to develop and finance North County Fire / EMS, including, but not limited to, specific capital projects, fire operations and emergency service operations pursuant to RCW 52.26.040(3)(b), and the preservation and maintenance of existing or future facilities and services. 8. “Cities” means the City of Stanwood and City of Arlington. RFA SECTION 2 PLAN REVISION DISPOSITION: The DEFINITIONS section of the RFA Plan is subject to amendment or revision only by a majority vote of the NCRFA Governing Board. NCRFA Plan (Effective November __, 2020) - 4 SECTION 3 FORMATION Revision FORMATION RFA Plan subject to amendment by being re-submitted to the electorate for approval. REFERENCE: 1. Authority to form a North County Regional Fire Authority between Snohomish County Fire Protection District 14 and Snohomish County Fire Protection District 18 is authorized by RCW 52.26. 2. Authority and empowerment of the PLANNING COMMITTEE is provided by RCW 52.26.030. 3. Appointment and participation on the Planning Committee includes the three Fire Commissioners of each respective jurisdiction in accordance with RCW 52.26.030. 4. Upon successful development and approval of the NCRFA Plan by the NCRFA Planning Committee, the NCRFA Plan shall be brought to each participating jurisdiction’s boards of fire commissioners for approval and adoption by resolution for placement of the NCRFA Plan on the ballot for approval by the respective voters. ACTIVITY/OPERATION: 1. No current activity or operation of Snohomish County Fire Protection District 14 or Snohomish County Fire Protection District 18 will change during the planning period of the NCRFA. 2. Should the NCRFA Plan be ratified with a successful vote by the collective electorate of Snohomish County Fire Protection District 14 and Snohomish County Fire Protection District 18, it shall be formed on January 1, 2008. ASSETS/DOCUMENTATION TRANSFERRED: 1. No transfer of current assets, equipment, documents, contracts, agreements, or records of Snohomish County Fire Protection District 14 and Snohomish County Fire Protection District 18 will occur during the planning period of the NCRFA. 2. The transfer of assets, equipment, documents, contracts, agreements, and records to the NCRFA from the respective participating Fire Districts shall occur on January 1, 2008 and be in accordance with the Objectives identified in this NCRFA Plan. NCRFA Plan (Effective November __, 2020) - 5 NCRFA SECTION 3 PLAN REVISION DISPOSITION: The FORMATION portion of the NCRFA Plan is subject to alteration only by a revised NCRFA Plan being re-submitted to the electorate for approval. NCRFA Plan (Effective November __, 2020) - 6 SECTION 4 ANNEXATION OF CITY OF STANWOOD Revision ANNEXATION OF CITY OF STANWOOD section of the RFA Plan is subject to amendment or revision only by a majority vote of the NCRFA Governing Board. A. REGIONAL FIRE PROTECTION SERVICE AUTHORITY 1. The North County Regional Fire Authority Plan was initially approved by the voters of Snohomish County Fire Districts 14 and 18 on November 6, 2007, and NCRFA was formed on January 1, 2008. 2. Chapter 52.26.300 RCW provides statutory authority for the annexation of additional participating jurisdictions into a Regional Fire Authority. B. REVISED RFA PLAN APPROVAL 1. On February 8, 2018, the City of Stanwood adopted Resolution No. 2018-02 requesting annexation into NCRFA. 2. On June 13, 2018, the Governing Board of NCRFA adopted Resolution No. 06132018-02 to amend the RFA Plan to establish terms and conditions of the requested annexation by the City of Stanwood. The Amended Plan and the measure for the City of Stanwood to annex into NCRFA was submitted to the voters of the City of Stanwood at the general election on November 6, 2018 as a single ballot measure and was approved. 3. As a result of voter approval, the City of Stanwood annexed into NCRFA effective January 1, 2019, thereby enlarging the boundaries of NCRFA to encompass the City of Stanwood. C. CHANGES IN JURISDICTIONAL BOUNDARIES AFTER ANNEXATION OF STANWOOD INTO NCRFA 1. Boundary changes that do not require an RFA Plan amendment: 1.1. City of Stanwood annexations of areas included within the boundaries of NCRFA. Such annexations will not affect NCRFA since the areas will already be within NCRFA boundaries. Pursuant to RCW 52.26.290, there will be no required asset or employee transfers. 1.2. City of Stanwood annexations of areas not included within NCRFA. On the effective date of such annexation, the territory annexed shall automatically be included within the boundaries of NCRFA pursuant to RCW 52.26.290. The territory added to NCRFA by such annexation shall be subject to the taxation, charges, and bonded indebtedness (if approved as part of the annexation process) of the RFA. Any transfer of assets or employees that occurs because of annexation shall be between the transferring entity and NCRFA. NCRFA Plan (Effective November __, 2020) - 7 RFA SECTION 4 PLAN REVISION DISPOSITION: The ANNEXATION OF THE CITY OF STANWOOD section of the Plan may be amended by a majority vote of the NCRFA Governing Board. NCRFA Plan (Effective November __, 2020) - 8 SECTION 5 ANNEXATION OF CITY OF ARLINGTON Revision ANNEXATION OF CITY OF ARLINGTON section of the RFA Plan is subject to amendment or revision only by a majority vote of the NCRFA Governing Board. A. REGIONAL FIRE PROTECTION SERVICE AUTHORITY 1. The North County Regional Fire Authority Plan was initially approved by the voters of Snohomish County Fire Districts 14 and 18 on November 6, 2007, and NCRFA was formed on January 1, 2008. The City of Stanwood annexed into NCRFA effective January 1, 2019. 2. Chapter 52.26.300 RCW provides statutory authority for the annexation of additional participating jurisdictions into a Regional Fire Authority. B. REVISED RFA PLAN APPROVAL 1. On November 18, 2019, the City of Arlington adopted Resolution No. 2019-17 approving exploration of the City’s potential annexation into NCRFA. 2. On ___________, 2020, the Governing Board of NCRFA adopted Resolution No. _____ to amend the RFA Plan to establish terms and conditions of the requested annexation by the City of Arlington. 3. On ___________, 2020, the City of Arlington adopted Ordinance No. _____approving the amended RFA Plan and the annexation of the City into NCRFA, and calling an election on the matter. 4. The Amended Plan and the measure for the City of Arlington to annex into NCRFA is being submitted to the voters of the City of Arlington at the special election on February 9, 2021, as a single ballot measure that must be approved by a simple majority. 5. If the City of Arlington voters approve the annexation and the Amended RFA Plan at the special election, then on August 1, 2021 a. The annexation of the City of Arlington into NCRFA will be effective in accordance with RCW 52.26.300, at which time the City of Arlington will become a Participating Jurisdiction in NCRFA. b. The boundaries of NCRFA shall be as shown on the map attached hereto and in Appendix A of this RFA Plan. 6. This Amended Plan shall be automatically void if the voters of the City of Arlington do not approve the ballot measure at the special election on February 9, 2021, in which case the prior Plan shall be effective without further action of the Governing Board. NCRFA Plan (Effective November __, 2020) - 9 C. CHANGES IN JURISDICTIONAL BOUNDARIES AFTER ANNEXATION OF ARLINGTON INTO NCRFA 1. Boundary changes that do not require an RFA Plan amendment: a. City of Arlington annexations of areas included within the boundaries of NCRFA. Such annexations will not affect NCRFA since the areas will already be within NCRFA boundaries. Pursuant to RCW 52.26.290 there will be no required asset or employee transfers. b. City of Arlington annexations of areas not included within NCRFA. On the effective date of such annexation, the territory annexed shall automatically be included within the boundaries of NCRFA pursuant to RCW 52.26.290. The territory added to NCRFA by such annexation shall be subject to the taxation, charges, and bonded indebtedness (if approved as part of the annexation process) of NCRFA. Any transfer of assets or employees that occurs because of annexation shall be between the transferring entity and NCRFA. D. EMPLOYMENT OF ARLINGTON FIRE DEPARTMENT EMPLOYEES 1. Effective August 1, 2021 and in accordance with RCW 52.26.100(6), all employees of the Arlington Fire Department (the “Arlington Employees”) shall transfer to the employment of NCRFA at their current rank, grade, seniority, wages and benefits as provided in the Collective Bargaining Agreement with IAFF Local 3728, except as may otherwise be agreed to through the collective bargaining process. The City shall pay to NCRFA the cash-out value of City sick and vacation leave banks in accordance with the City Collective Bargaining Agreement. “Cash-out value” shall be determined on the date of transfer and shall be paid as provided in Section 7. 2. It is anticipated that the Arlington Employees and NCRFA employees will consolidate into a single bargaining unit under a single collective bargaining agreement. 3. Arlington Employees are entitled to rollover their Department of Retirement Systems Deferred Compensation Program to NCRFA. E. USE OF CITY FIRE STATIONS OWNED BY THE CITY OF ARLINGTON 1. Station 46. The City of Arlington and NCRFA shall enter into a Use Agreement effective August 1, 2021, allowing NCRFA exclusive use of Station 46 until the conclusion of the facility’s useful life or NCRFA no longer has a need for the station. NCRFA shall not be charged rent for such use. The Use Agreement will provide for NCRFA to be responsible for performing all maintenance, repairs, and improvements to Station 46 commencing August 1, 2021. 2. Station 48. The City of Arlington and NCRFA shall enter into a Use Agreement effective August 1, 2021 or as soon thereafter as possible, allowing NCRFA exclusive use of the new Station 48 until ownership of such station is transferred to NCRFA as provided in Section 7 of this RFA Plan. Upon the commencement date, NCRFA shall perform all maintenance and improvements to Station 48. The parties estimate that annual rent for Station 48 would be between $25,000 - $30,000 per year, which is approximately equal to the cost NCRFA will incur annually to provide fire suppression services to the City Airport pursuant to an Interlocal Agreement (provided that the City Airport does not service commercial air traffic which would increase NCRFA’s costs substantially). Accordingly, the parties agree that so long as NCRFA provides fire suppression services via an ILA to the City Airport, no rent shall be charged for such Use Agreement. In the event construction of the new Station 48 is not completed by August 1, NCRFA Plan (Effective November __, 2020) - 10 2021, the parties will enter into a temporary sublease agreement for use of the existing Station 48 at no cost to the RFA until the new Station 48 is ready for occupancy. RFA SECTION 5 PLAN REVISION DISPOSITION: The ANNEXATION OF THE CITY OF ARLINGTON section of the Plan may be amended by a majority vote of NCRFA Governance Board. NCRFA Plan (Effective November __, 2020) - 11 The section of the RFA Plan is subject to amendment or revision only by a majority vote of NCRFA Governance Board. REFERENCE: 1. The authority to define the jurisdiction of the North County Regional Fire Authority is provided by RCW 52.26.030. ACTIVITY/OPERATION TRANSFERRED: 1. The jurisdictional boundaries of the NCRFA shall be the legal boundaries of each Participating Jurisdiction and the former Snohomish County Fire District 14 and 18, which boundaries are depicted on the map attached hereto and marked as Appendix A of this Plan. 2. The jurisdictional boundaries of NCRFA shall be amended to reflect any annexations of fire protection jurisdictions into NCRFA pursuant to RCW 52.26.300. NORTH COUNTY FIRE / EMS AUTHORITY PLAN REVISION DISPOSITION: The JURISDICTIONAL BOUNDARIES portion of the NCRFA Plan is subject to alteration only by a revised NCRFA Plan being re-submitted to the electorate for approval. NCRFA Plan (Effective November __, 2020) - 12 SECTION 7 FUNDING and FINANCE Revision FUNDING and FINANCE RFA Plan is subject to amendment or revision by the Governing Board except when voter approval is required by statute. A. RFA FINANCES IMMEDIATELY FOLLOWING ANNEXATION OF ARLINGTON 1. The operation and administration of NCRFA shall, for the period beginning August 1, 2021 - December 31, 2021, be funded by the following: 1.1 Tax levies of NCRFA (including fire levy under RCW 52.26.140 through 52.26.170 and 84.52.069. 1.2 Because the City of Arlington annexed into NCRFA effective August 1, 2021, NCRFA will not be able to collect taxes within the jurisdictional limits of the City of Arlington until 2022. Accordingly, for calendar year 2021, the City of Arlington will pay to NCRFA: a. The unspent portion of the City’s Fire Department expenses budgeted for calendar year 2021. b. A cash contribution to pay for the leave banks of those employees who are transferring to the employment of NCRFA. This amount is currently estimated at $596,304 but will be calculated as of July 31, 2021 based on leave banks existing at that time. The City will, not later than November 18, 2020, determine whether this payment will be made (i) in a lump sum no later than December 31, 2021, or (ii) in two equal installments on December 31, 2021 and December 31, 2022. c. A contribution to NCRFA’s reserves according to one of the following options, which the City will select no later than November 18, 2020: Option 1: $1,000,000 on or before May 31, 2022. Option 2: $848,239 on or before May 31, 2022 and $848,239 on or before May 13, 2023. 1.3 Service contract revenues, if any. It is recognized that the City of Arlington has several service contracts with other fire districts. The City may receive revenues for services provided before Arlington Annexation Date, and the City would be entitled to those revenues. Such contracts will be assigned to NCRFA as of the Arlington Annexation Date, and NCRFA shall be entitled to the prorated 2021 revenue for the time frame of August-December, 2021. 1.4 Transport Fees. Commencing August 1, 2021, NCRFA will be entitled to bill and collect for Transport Fees for transports originating within the City of Arlington. Revenue from transports provided prior to August 1, 2021, will be remitted to the billing agency. NCRFA Plan (Effective November __, 2020) - 13 B. RFA REVENUES 1. Tax Levies. NCRFA shall be authorized to levy and collect taxes in accordance with RCW 52.26.050(1)(b) at a tax levy rate not to exceed $1.50 per thousand of assessed valuation for the fire levy and at a tax levy rate not to exceed $0.50 per thousand of assessed valuation for its EMS levy. 2. Fire Protection Contracts. To the extent permitted by law, the NCRFA Governance Board shall have the authority to pursue and contract with agencies and entities exempt from property taxes in accordance with RCW 52.30.020 and service contracts with other public agencies. 3. Fire Impact and Mitigation Fees. NCRFA may enter into interlocal agreements with Snohomish County and/or the Cities of Stanwood and Arlington to collect such fees. 4. Transport Fees. NCRFA Board will charge and collect transport fees in accordance with policies adopted by the NCRFA Governing Board. 5. Ground Emergency Medical Transport. NCRFA may seek to recover Ground Emergency Medical Transport Supplemental Reimbursement. 6. Fire Impact Fees and SEPA Mitigation. The City of Stanwood and the City of Arlington (collectively, the “Cities”), under certain circumstances, have the ability to impose impact fees and/or require actions of mitigation which may have an impact upon fire protection for development or other activities within the Cities. Prior to the issuance of a SEPA threshold determination for an annexation, development or other activity within the Cities which (i) may materially increase the cost of providing the administrative and operational services specified herein, and (ii) for which the Cities may charge an impact fee and/or require mitigation, that City and the Fire Authority shall meet and discuss the impact on the services provided by NCRFA and the appropriate mitigation or impact fee. Should the Cities impose such fees, the fees shall be placed into a special reserve account maintained by the City until they are expended on mitigation. NCRFA and that City agree that final authority to impose impact fees for fire shall remain with that City. 7. Additional Revenue Options. The NCRFA Governing Board shall have the authority to pursue, subject to any applicable statutory voter approval requirements and the RFA Plan Amendment, if required, all additional revenue sources authorized by law including, but not limited to, benefit charges or other revenue sources specifically identified in Title 52 RCW and Title 84 RCW that are not otherwise addressed in chapter 52.26 RCW. C. TRANSFER OF ASSETS 1.1 City of Stanwood Assets. The City of Stanwood has transferred to NCRFA the following assets: a. The real property identified in Appendix C and any building fixtures, furniture, and contents thereof. The transfer of Station 99 to NCRFA shall contain a reversionary interest providing that the title to the land and the station will return to the City of Stanwood if the fire station ever ceases to be used for fire and/or emergency medical services by NCRFA. The City of Stanwood is transferring real property identified in Appendix C and any building fixtures, furniture, and contents thereof ‘as-is’ no warranties attached. NCRFA accepts the real property identified in Appendix C and any building fixtures, furniture, and contents thereof ‘as-is’ no warranties attached. Additionally, upon the transfer of the real property identified in Appendix C and any NCRFA Plan (Effective November __, 2020) - 14 building fixtures, furniture, and contents thereof, the City of Stanwood has no further maintenance obligations or responsibilities including but not limited those in the March 8, 2012 Interlocal agreement. Note: NCRFA would continue to permit the City of Stanwood to utilize the large meeting room in Station 99 as necessary for community needs. The terms of scheduling and use of such meeting room will be by mutual agreement. b. All mitigation fees held pursuant to paragraph 6.6 of the Interlocal Agreement dated March 8, 2012 between NCRFA and the City of Stanwood. c. City reserves for Fire Department Employee Obligations. d. All reports, documents, surveys, books, records, files, papers, or written material used by the City of Stanwood to carry out the fire protection and emergency services powers, functions, and duties of the City of Stanwood that are owned by or in the possession of the City of Stanwood. 1.2. City Water Systems. City water systems including fire hydrants and related appurtenances shall not be transferred and shall remain property of the City of Stanwood or Arlington, as the case may be. 1.3. City of Arlington Assets. Except as otherwise provided below, on the Arlington Annexation Date, the City of Arlington shall transfer to NCRFA the following assets: a. The apparatus/vehicles identified in Appendix F. b. Equipment, fixtures, furnishings, and all other personal property associated with the City Fire Department, identified in Appendix F. c. The station identified in Appendix G (“Station 48”) and the corresponding lease with the City of Arlington, together with any building fixtures, equipment, furniture, furnishings and contents thereof shall be transferred to NCRFA. On or before November 18, 2021, the City shall determine whether such transfer shall occur on January 1, 2022 or, alternatively, on January 1, 2024. The transfer of Station 48 to NCRFA shall contain a reversionary interest providing that the title to the station will return to the City of Arlington if the fire station ever ceases to be used for fire and/or emergency medical services by NCRFA. The amount of compensation to be paid to NCRFA for such reversion shall be negotiated by NCRFA and the City. . The City of Arlington is transferring the leasehold interest identified in Appendix G and any building fixtures, furniture, and contents thereof ‘as-is’ no warranties attached. NCRFA accepts the leasehold interest identified in Appendix G and any building fixtures, furniture, and contents thereof ‘as-is’ no warranties attached. NCRFA will assume the liability for the outstanding debt on Station 48 commencing upon transfer of title to NCRFA. d. All reports, documents, surveys, books, records, files, papers, or written material used by the City of Arlington to carry out the fire protection and emergency services powers, functions, and duties of the City of Arlington that are owned by or in the possession of the City of Arlington. 2. Condition of Assets. All assets transferred by the Cities based on the RFA Plan and any subsequent agreements shall be transferred free of debt or encumbrances but otherwise on an “as is/where is” condition. NCRFA Plan (Effective November __, 2020) - 15 D. LIABILITIES 1. On the Stanwood Annexation Date, NCRFA assumed the following liabilities of the City of Stanwood: 1.1 Continued periodic fire related payment obligations of the City of Stanwood’s interlocal agreement with Snohomish County 911 and SERS. 1.2 Future fire-related capital investment obligations to SERS and Snohomish County 911. 2. The following City of Stanwood’s Debt/Liabilities are retained by the City of Stanwood: 2.1 The City of Stanwood will retain the liability for the outstanding bond debt on Station 99 and continue to levy tax through 2020 or later as needed to make such payments. 3. NCRFA shall assume the following liabilities of the City of Arlington: 3.1 On the date of transfer of title to Station 48, NCRFA will assume the liability for the outstanding debt on Station 48. 3.2 Continued periodic fire related payment obligations of the City of Arlington’s interlocal agreement with Snohomish County 911 pursuant to an assignment agreement to be executed by the City of Arlington, Snohomish 911 and NCRFA. 4. The following City of Arlington’s Debt/Liabilities shall be retained by the City of Arlington: 4.1 Outstanding debt on Station 48 until title is transferred to NCRFA. 4.2 Outstanding debt on Station 46. 4.3 Liabilities associated with retired City LEOFF 1 members. RFA SECTION 7 PLAN REVISION DISPOSITION: The FUNDING AND FINANCE section of the RFA Plan is subject to amendment or revision by majority vote of the Governing Board except when voter approval is required by statute. NCRFA Plan (Effective November __, 2020) - 16 SECTION 8 GOVERNANCE Revision GOVERNANCE RFA Plan is subject to amendment or revision only by a majority vote of the NCRFA Governing Board. A. GOVERNING BOARD STRUCTURE AND OPERATION 1. Governing Board. As provided by RCW 52.26.080, the NCRFA Governing Board shall be established consistent with the terms of this Section and shall have authority as of the Arlington Annexation Date. The initial Governing Board (“Transition Board”) shall consist of nine (9) voting members as set forth below. This initial board will ultimately transition to a seven (7)-member Governing Board consisting of five (5) commissioner districts and two (2) at-large positions not later than January 1, 2030. 2. Transition Board. Upon the Arlington Annexation Date, the Transition Board shall include nine (9) voting members, consisting of six (6) elected Commissioners from NCRFA and three (3) elected officials from the City of Arlington to be appointed by the City Council as follows: o Position 1 (Commissioner District No. 1). This position is currently filled by the RFA Commissioner currently serving in RFA Position No. 1 and will expire on December 31, 2025. Thereafter, this position will be filled by a registered voter residing within Commissioner District No. 1. o Position 2 (Commissioner District No. 2). This position is currently filled by the RFA Commissioner currently serving in RFA Position No. 2 and will expire on December 31, 2023. Thereafter, this position will be filled by a registered voter residing within Commissioner District No. 2 for an initial elected term of up to six (6) years. o Position 3 (Commissioner District No. 3). This position is currently filled by the RFA Commissioner currently serving in RFA Position No. 3 and will expire on December 31, 2025. Thereafter, this position will be filled by a registered voter residing within Commissioner District No. 3. o Position 4 (At-large). This position is currently filled by the RFA Commissioner who was elected at-large and will expire on December 31, 2023 for an initial elected term of up to six (6) years. Thereafter, this position will be filled by a registered voter residing anywhere within the boundaries of the RFA. o Position 5 (At-large). This position is currently filled by the RFA Commissioner who was elected at-large and will expire on December 31, 2023. Thereafter, this position will be filled by a registered voter residing anywhere within the boundaries of the RFA for an initial elected term of up to six (6) years. NCRFA Plan (Effective November __, 2020) - 17 o Position 6 (At-large). This position is currently filled by the RFA Commissioner who was elected at-large and will expire on December 31, 2023. Thereafter, this position shall be filled by a registered voter residing anywhere within the boundaries of the RFA for an initial elected term of up to six (6) years. o Position 7 (Appointed/Future District 4). This position will be initially filled by an elected official appointed by the City of Arlington and will expire on December 31, 2023. Thereafter, this position shall be filled by a registered voter residing within Future Commissioner District No. 4 for an initial elected term of up to six (6) years. o Position 8 (Appointed/Future District 5). This position will be initially filled by an elected official appointed by the City of Arlington and will expire on December 31, 2023. Thereafter, this position shall be filled by a registered voter residing within Future Commissioner District No. 5 for an initial elected term of up to six (6) years. o Position 9 (Appointed). This position will be initially filled by an elected official appointed by the City of Arlington. In an effort to reduce the number of Governing Board positions to seven, this position will terminate as of December 31, 2023. 2.1. In early 2022, after receipt of the 2020 census data, the Governing Board shall establish the geographical boundaries for five (5) commissioner districts (Positions 1, 2, 3, 7, and 8) as required by RCW 52.26.080(4)(a) and RCW 29A.76. These commissioner districts shall be established not later than sixty (60) days prior to the filing period for the general election on November 7, 2023. In determining the geographical boundaries of such commissioner districts, the Governing Board shall be guided by the following principles: (i) the population of each commissioner district shall be relatively equal; (ii) at least one (1) commissioner district shall include the City of Stanwood; and (iii) at least two (2) commissioner districts shall include the City of Arlington. 2.2 Commissioner positions 1 and 3 which are occupied by commissioners whose terms expire in 2025 will not be up for election until the 2025 general election (even if the commissioner occupying the position does not reside in the redrawn commissioner district for such position). 2.3 To facilitate the possibility that appointed Arlington elected officials may wish to run for RFA Commissioner seats (and cannot by law run for two offices at the same election), the terms of office for the six board positions commencing January 1, 2023 will be flexible: either 2, 4 or 6 years, at the choice of each commissioner winning election. 2.4 Except as provided above, all commissioner terms shall be six (6)-year terms. 2.5 In an effort to reduce the number of Governing Board positions to seven (7) positions, the following procedures will be taken with regards to at-large positions: a. If at any time, a vacancy occurs in an at-large position, the Board may at its option eliminate that position by majority vote of the Board. Only one at-large position will be eliminated in this manner; further vacancies in at-large positions will be filled as provided by RCW 52.26.080(3)(a)(iii). b. If an at-large position has not been eliminated under subsection a above on or before a date which is sixty days prior to the filing period for the 2029 general election, then the NCRFA Plan (Effective November __, 2020) - 18 Governing Board shall by majority vote to establish a fair and equitable process for eliminating one at-large position (e.g., draw lots, etc.), effective as of December 31, 2029. 3. Governing Rules. The NCRFA Governing Board shall develop and adopt bylaws, governance policies, and rules for the NCRFA Governing Board to conduct business in accordance with RCW 52.26.080. 4. Authority. The NCRFA Governing Board shall have all the power and authority granted governing boards under Washington State law and shall include the power and authority to make any decisions appropriate for NCRFA and for matters related to Title 52 RCW. 5. Compensation of Governing Board. Commissioners of the Governing Board will receive compensation in the same manner and under the same conditions as provided by law for commissioners of a fire protection district organized under Title 52 RCW. RFA SECTION 8 PLAN REVISION DISPOSITION: The GOVERNANCE section of the Plan may be amended by a majority vote of the NCRFA Governing Board. NCRFA Plan (Effective November __, 2020) - 19 SECTION 9 ORGANIZATIONAL STRUCTURE: PERSONNEL & ADMINISTRATION Revision ORGANIZATIONAL STRUCTURE: PERSONNEL & ADMINISTRATION section of the RFA Plan is subject to amendment by a majority vote of the NCRFA Governing Board. A. ORGANIZATIONAL STRUCTURE 1. Organizational Chart. NCRFA shall be organized as provided in Appendix B of the RFA Plan. B. PERSONNEL 1. Fire Chief. The Fire Chief of NCRFA shall serve as the Fire Chief of NCRFA, the City of Stanwood, and the City of Arlington. The Fire Chief shall at all times be appointed and serve at the pleasure of the Governing Board pursuant to a written employment contract. C. ADMINISTRATION 1. Administration. All current administrative and business functions, agreements, documents, operations and policies and procedures from the City of Arlington Fire Department shall transfer to NCRFA unless otherwise noted in the RFA Plan. 2. The Cities’ Retained Administrative Service Responsibilities. The Cities shall continue to provide the following services: Collection and accounting of Fire Impact Fees, when imposed. The parties shall negotiate and execute an Interlocal Agreement to provide for the Cities’ collection of the Fire Impact Fees and disbursement of those fees to NCRFA. The ORGANIZATIONAL STRUCTURE: PERSONNEL & ADMINISTRATION section of the RFA Plan is subject to amendment by a majority vote of the NCRFA Governing Board. NCRFA Plan (Effective November __, 2020) - 20 SECTION 10 OPERATIONS AND SERVICES Revision OPERATIONS AND SERVICES of the RFA Plan is subject to amendment by a majority vote of the NCRFA Governing Board. A. FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES 1. Current staffing models, deployment standards, field operations, command staffing, and operational policies and procedures of NCRFA shall be continued at the current level of service. 2. Upon the Stanwood Annexation Date, NCRFA will initially adopt the City of Stanwood’s Standards of Coverage Document for the City of Stanwood’s jurisdictional boundary area. As such, services, levels of service, standards of coverage, development standards and customer expectations on the Stanwood Annexation Date shall remain unaffected. 3. Upon the Arlington Annexation Date, NCRFA will initially adopt the City of Arlington’s Standards of Coverage Document for the City of Arlington’s jurisdictional boundary area. As such, services, levels of service, standards of coverage, development standards and customer expectations on the Arlington Annexation Date shall remain unaffected. 4. All current automatic aid and mutual aid agreements, all interlocal agreements and contractual services agreements, documents, or memorandums currently in place and affecting the City Fire Departments shall be transferred to NCRFA on the Stanwood Annexation Date and Arlington Annexation Date, respectfully, to provide continuous, seamless readiness and emergency services coverage. A list of Interlocal Agreements for Fire/EMS services which the City of Arlington provides to other agencies is attached as Appendix H. The Cities’ interlocal agreement with Snohomish County 911 shall be modified as necessary to provide that NCRFA will assume only the fire related rights and obligations under said agreements. B. FIRE MARSHAL/INSPECTION SERVICES. 1. Service Providers: a. City of Stanwood: In accordance with RCW 19.27.050, NCRFA currently provides the Fire Prevention Services (“Fire Marshal Services”) listed in Appendix D within the boundaries of the City of Stanwood pursuant to an Interlocal Agreement. b. Unincorporated Areas of NCRFA. Snohomish County currently provides Fire Marshal Services within the unincorporated areas of NCRFA. c. City of Arlington. The City of Arlington currently provides Fire Marshal Services within the City of Arlington. Effective on the Arlington Annexation Date, NCRFA will provide Fire Marshal Services to the City of Arlington pursuant to an interlocal agreement which compensates NCRFA for agreed upon services. The City of Arlington shall retain the authority to set fees to its citizens for the Fire Marshall Services and retain the revenues. NCRFA Plan (Effective November __, 2020) - 21 C. EMERGENCY MANAGEMENT SERVICES 1. Service Providers: 1.1. City of Stanwood. Snohomish County Department of Emergency Management (SCDEM) currently provides Emergency Management Services within the City of Stanwood. NCRFA currently provides oversight and coordination of the City’s Emergency Operations Plans and assigns a command staff representative to the City of Stanwood’s Emergency Operations Center when activated and during drills. NCRFA also coordinates emergency preparedness planning and training to the City of Stanwood. These services shall be provided pursuant to an interlocal agreement which compensates NCRFA for agreed upon services. 1.2. Unincorporated Areas of NCRFA: SCDEM shall remain the provider of Emergency Management Services. 1.3. City of Arlington. SCDEM currently provides Emergency Management Services within the City of Arlington. Effective on the Arlington Annexation Date, Emergency Management Services NCRFA will, at the City’s request, provide oversight and coordination of the City’s Emergency Operations Plans and will assign a command staff representative to the City of Arlington’s Emergency Operations Center when activated and during drills. The City and NCRFA shall enter into an Interlocal Agreement to further define the level of any emergency management services that the City desires NCRFA to provide. D. PUBLIC EDUCATION SERVICES 1. NCRFA shall provide fire suppression and EMS related public education services throughout the jurisdiction of NCRFA at such level as NCRFA may determine. RFA SECTION 10 PLAN REVISION DISPOSITION: The OPERATIONS AND SERVICES section of the RFA Plan is subject to amendment by a majority vote of the NCRFA Governing Board. NCRFA Plan (Effective November __, 2020) - 22 APPENDIX A JURISDICTIONAL BOUNDARY MAP NCRFA Plan (Effective November __, 2020) - 23 APPENDIX B ORGANIZATION STRUCTURE NCRFA Plan (Effective November __, 2020) - 24 APPENDIX C STANWOOD REAL PROPERTY The property commonly known as Station 99, located at 8117 267th Street NW, Stanwood, WA. Tax Parcel No.: 32043000101400 Legal Description: Section 30 Township 32 Range 04 Quarter NE - BAAP ON N BDY SEC 668FT E OF 1/4 COR TH E 297FT TH S 165FT TH W 297FT TH N 165FT TO POB LESS CO RD LESS RD R/W TO ST OF WA PER POSS & USE AGRMNT REC AFN201003310760 TGW VAC RD PER CITY OF STAN ORD #1120 REC AFN 201004210063 LESS RD R/W TO ST OF WA PER QCD REC AFN 201009290189 - SUBJ TO ESE TO PUD 1. Note: The transfer of Station 99 to NCRFA shall contain a reversionary interest providing that the title to the land and the station will return to the City if the fire station ever ceases to be used for fire and/or emergency medical services by NCRFA (defined as follows, “more than 75% of the square footage must be used at least 75% of the time and that at least one fire and one EMS apparatus must be housed there to respond to calls on a 24-hour basis.”) . NCRFA Plan (Effective November __, 2020) - 25 APPENDIX D FIRE PREVENTION/ FIRE INVESTIGATION/EMERGENCY MANAGEMENT FOR STANWOOD LIST OF SERVICES I - PLAN REVIEW AND INSPECTION SERVICES: The NCRFA will provide limited plan review and occupancy inspections. Annual Inspection Services for the City of Stanwood within the City's boundaries, as those boundaries may be adjusted in the future. The description of Plan Review and Inspection Services in this Appendix is intended to provide an overview of the Services that were previously provided by the Fire Department within the Interlocal Agreement either by contract to the County Fire Marshal or between the City of Stanwood and NCRFA. The Services should be construed broadly so that the Authority will continue seamlessly providing all services previously provided by the Interlocal Agreement. Plan Review Services include, but are not limited to, administration and enforcement of applicable fire codes and prevention standards ("Code or Codes"), including the local municipal code as that section may be amended or recodified by the City. The NCRFA shall provide in consultation with the City the following Plan Review and Inspection Services: A. Direct the management and supervision of personnel performing the Services. B. Provide comments to the City’s Building Inspectors, who complete the plan check on Fire and Life Safety issues identified during the plan review and occupancy inspections, Code compliance and enforcement, and provide recommendations regarding the development and maintenance of Fire Codes and Standards. Consult with City on interpretation of Codes as necessary to perform the Services. C. Perform all other administrative and records tasks necessary to support Inspection Services for the City. D. Coordinate with the City the scheduling and conducting of new construction I tenant improvement inspections for fire code compliance where Fire and Life Safety input as deemed necessary. E. Review Special Event applications / sites for fire code compliance. F. Participate in the Land Use Planning process to ensure code compliance. G. Coordinate with City the annual inspection program to include one annual inspection per business occupancy with two re-inspections where necessary, before forwarding for code compliance. 26 II - FIRE CODE ENFORCEMENT: The NCRFA shall provide the following Fire Prevention Code Enforcement Services in the City of Stanwood’s boundaries: A. Perform annual inspections required or authorized by the Code. B. Investigate and resolve Code violation complaints or inquiries. C. Perform all Code enforcement duties of the Fire Marshal, Fire Code Official, and/or Fire Chief as provided in the Code. If the parties mutually agree, the Cities may provide employees of the NCRFA with a limited law enforcement commission to enforce portions of the Code that require such commission (e.g., issuance of infractions for fire lane parking or fireworks enforcement). The parties acknowledge that the NCRFA, by statute, has no duty to enforce any provisions of the code or to enforce ordinances of the City except under the terms of this Interlocal Agreement and the RFA Plan. Any duty the NCRFA does have to enforce the Code is not intended to benefit any specific members of the public. The City agrees that all court costs and other legal costs incurred in the judicial enforcement of the Code within the City limits shall be paid by the City and shall not be considered an operating expense of the Authority. D. Coordinate with the City when enforcement efforts are contested and when the City is undertaking related non-fire code enforcement efforts. E. Coordinate with the City on post-disaster building and system inspections and/or evaluations. F. Approve and/or review fire safety, emergency evacuation, lockdown, shelter-in-place, and hazardous materials management plans. G. Manage the Fire Department Annual Inspection Program. H. Provide fire protection system confidence test program activities to include evaluation of confidence tests provided by third parties, issuance of correction notices and/or notices of violation with the City’s Building officials where deemed necessary. I. Manage a Fire Company Inspection Program and coordinate with the City the follow-up on code enforcement violations that are identified. The parties shall meet and confer regarding the number of inspections to be achieved on an annualized basis if the listed is found to be unacceptable. J. Process Fire Code complaints or inquiries from the public to include data entry, file creation, and routing of information. Ill - FIRE INVESTIGATION SERVICES: The NCRFA shall perform or contract with the County Fire Investigation Services that include but are not limited to: A. Investigate the cause and origin of fires, interview suspects and witnesses, examine fire scenes, document findings and prepare reports, protect evidence, cooperate with prosecutors and law enforcement, be available for interviews and courtroom testimony, and other associated duties. 27 B. Investigate all fires that are arson, suspicious, injurious, and fires with a loss of ten thousand dollars ($10,000) or more if cause cannot be determined by on- scene personnel. C. Coordinate arson investigation activities with the applicable Police Department, as necessary. D. Respond to all working fires when requested during working hours and all working fires after hours if available. E. Participate in regional and state fire investigative organizations and activities where deemed applicable by the Authority. Evidence Retention All evidence gathered during the criminal investigation of a fire or other event for which Fire Investigative Services are provided shall be collected by the assigned fire investigator and maintained by the evidence custodians of the City’s Police Department pursuant to the policies and procedures for the maintenance of evidence set forth by the City’s Police Department. Cooperation in Criminal Investigations The NCRFA and City of Stanwood will cooperate and keep each other informed as to the status of all fires in the City that occur because of suspected or confirmed criminal conduct by providing status reports of investigations as the investigations evolve. This obligation shall not be construed to require the disclosure of information if disclosure could jeopardize a criminal investigation. IV - EMERGENCY MANAGEMENT: The NCRFA agrees to provide oversight and coordination on the City of Stanwood’s Emergency Operations Plan. The NCRFA further agrees to assign a command staff level fire representative to the City’s Emergency Operations Center in the event that it is activated as well as the services listed below: 1. Coordinate emergency preparedness planning and training to the City with the County DEM. 2. Serve as a part of the command staff in the City’s EOC for drills, exercises and in emergencies. An effective EOC team includes multiple levels of inclusion between the city and public safety. 3. The City will maintain the EOC equipment and technology, however, the NCRFA will maintain it as a classroom with projectors, tables, chairs, and televisions. 28 APPENDIX E STATION 99 MEETING ROOM POLICY A1. NCRFA would continue to permit the City of Stanwood to utilize the large meeting room in Station 99 as necessary for both official and non-commercial community needs. a. Official City of Stanwood meetings and functions would be scheduled utilizing a calendar tool on the NCRFA Website or by communicating with the NCRFA office staff. I. The City of Stanwood would be responsible for setting up and cleaning up before/after the meeting. b. Non-commercial meetings will be handled utilizing the modified city policy delineated below under section B1. B1. NCRFA offers the use of its certain public meeting rooms to the community for non- commercial use: As an extension of its mission to serve the community, NCRFA welcomes the community’s non-commercial use of its meeting rooms for educational, cultural, intellectual, recreational, civic, governmental, social, political, or charitable meetings, workshops, lectures, entertainment, and other uses pertaining to the welfare of the community. Use of the meeting room is limited to non-commercial organizations. 1. Community Room use is made available on an equitable basis: Space is made available for use by the public on equal terms, regardless of the beliefs, affiliations or viewpoints of the groups or individuals requesting their use. 2. The NCRFA does not endorse the activities or viewpoints of those using its Community Rooms: Publicity for meetings or programs being held in NCRFA meeting rooms will clearly state the NCRFA does not endorse the activities or viewpoints of the groups presenting the event. If the NCRFA sponsors or cosponsors a meeting or program this will be clearly stated in the publicity of the event. 3. NCRFA sponsored or cosponsored meetings or programs have priority on Community Rooms availability: The remaining Community Room space is made available on a first-come, first-served basis. 4. The NCRFA requires completed registration before Community Room use: Registration includes a signed agreement on forms to be provided by the NCRFA that the group will abide by all NCRFA policies and procedures. Use of Community Rooms 29 The NCRFA offers its community rooms for non-commercial use only. Non-commercial use is defined as groups or individuals that receive no commercial benefit by using a Community Room. Meetings or programs must not require payment to enter, but passive solicitation of donations and fund-raising activities for non-profit groups are acceptable. Meetings or programs do not have to be open to the public. Commercial use is defined as groups or individuals that receive a commercial benefit by using a Community Room. This may include active solicitation of donations, charging admission fees, offering money-making activities, or promoting a commercial business. Meetings or programs do not have to be open to the public. The use of community meeting rooms may not be used to further the election or defeat of any candidate for public office or to support or oppose any ballot proposition. Reservations • You must be 18 years old to reserve a room. • Reservations are not valid until the Community Room Registration form has been approved. • Reservations will be on a first come first serve basis with a maximum of one-year advance reservations. No NCRFA facility may be reserved by the same individual, group or entity or individual who is a member of such group or entity more than twelve (12) times in any calendar year. • You can reserve a room in one of the following ways: Phone:In Person: Online: www.northcountyfireems.com Using the Community Rooms • Users are responsible for room set-up and take-down. Rooms must be left in their original configuration. • Food and beverages are welcome. Meeting room users must furnish their own dishes, utensils, paper products, and kitchen equipment, and remove them at the conclusion of the meeting. Trash should be properly disposed of in the receptacles provided and the kitchen left clean. Users are responsible for the care and condition of any equipment being used and must clean all equipment used. • If the NCRFA sponsors or cosponsors a meeting or program this will be clearly stated in the publicity of the event. • No activity may be undertaken in the community meeting rooms that disrupt the normal operation or use of the facility, such as activities that involve disruptive levels of noise, odors, etc. 30 • NCRFA indoor facilities are smoke and tobacco free. No alcoholic beverages, tobacco, or drugs shall be allowed. • Use of candles or any other type of open flame is not allowed. • Audiovisual (AV) equipment may be available upon request at Fire Station 99. Other meeting rooms do not have AV equipment available. Items and equipment may not be stored in the meeting room. • All community meeting room users must complete a NCRFA Community Meeting Room Registration form agreement and permission must be granted by the Fire Chief or designee. • Users agree to be responsible for compliance with all federal, state, and local laws, rules, and regulations in regards to activities conducted, sponsored on or about the facility. Users understand the NCRFA may not discriminate nor endorse discrimination in the use of its facilities. Users must agree not to discriminate against any person on the grounds of race, religion, creed, color, national origin, sexual orientation, marital status, disability, age or other basis governed by state or federal law in the conduct of its activities while on or about the facility. • Individuals or groups who complete the Community Room Registration agreement form agree to pay for damages to the facility and/or loss of NCRFA property within the facility resulting from the user’s negligence. • Organizations that engage in severe or repeated violations of meeting room policies, library regulations, or civil laws shall be banned from further use of the community meeting room. INSURANCE & LIABILITY Users planning high risk activities, as determined solely by the Fire Chief, will be required to provide proof of general liability insurance and must acknowledge responsibility that they will hold the NCRFA harmless from any and all claims by any person(s) arising from use of the facility and anticipation in the host’s planned activities. When insurance is required, the applicant has three options: 1. Purchase insurance through One Beacon Entertainment, or similar insurer, at http://www.onebeaconentertainment.com 2. Purchase private insurance or participate in an insurance pool. 3. In the case of contracting with a vendor, securing insurance through the vendor. All groups who provide insurance shall provide NCRFA with a certificate of insurance naming NCRFA, its officers, agents, employees, and elected officials as additional insureds as respects the use of the NCRFA facility. The insurance limits and coverages shall be as required by the NCRFA. Alternatively, at NCRFA’s sole discretion, NCRFA may accept an acceptable letter evidencing insurance coverage. Cancellation • Cancellation of community room reservations are made to the NCRFA Administration Office. 31 APPENDIX F ARLINGTON APPARATUS AND EQUIPMENT Monroe # Asset # Year Make Model Vin# Vehicle Type 32 APPENDIX G ARLINGTON STATIONS Facility Year Address Land Other Outstanding Debt Station 46 1961 137 N. MacLeod, Arlington .8 acres 9,054 added second story in $1,530,000 Station 48 2020 188th/Airport Blvd, Arlington 1.6 acres 12,800 New Construction Issuing bonds for approx $5,500,000 33 APPENDIX H ARLINGTON FIRE/EMS INTERLOCAL AGREEMENTS 1. Snohomish County Fire District #19 (Silvana) Emergency Medical Services contract to provide Advanced Life Support services district-wide. Expires 12/31/2022. 2. Snohomish County Fire District #21 (Arlington Rural) Emergency Medical Services contract to provide Advanced Life Support services district-wide and Basic Life Support services to the south side of the district referred to as the “AQ-W Grids”. Expires 12/31/2022. 3. Snohomish County Fire District #25 (Oso) Emergency Medical Services contract to provide Advanced Life Support and Basic Life Support services district-wide. Expires 12/31/2022. 4. Snohomish County Fire District #21 (Arlington Rural) contract to provide Fire suppression services to the south side of the district referred to as the “AQ-W Grids”. Expires 12/31/2020, unsure if it will be re-negotiated and continue. 5. East County Fire Support Services contract to provide Apparatus repair. Open until either party terminates - 90 days’ notice. 6. Snohomish County Fire Marshal contract to provide Investigation services. Expires 12/31/2024. 7. Northwest Incident Support contract to provide Incident support services. Open until either party terminates - 60 days’ notice. 8. Professional Services Agreement - Dr. Cooper contract to provide Medical control. Open until either party terminates - 30 days’ notice. 9. ILA - City of Marysville to provide Battalion coverage. Expires 12/31/2021. City of Arlington Council Agenda Bill Item: WS #7 Attachment G DEPARTMENT OF ORIGIN Administration; Paul Ellis, City Administrator 360-403-4603 EXPENDITURES REQUESTED: BUDGET CATEGORY: Fire/ EMS BUDGETED AMOUNT: $140,000.00 LEGAL REVIEW: DESCRIPTION: The attached interlocal agreement with North County Regional Fire Authority provides for a cost share for professional services provided to the RFA Planning Committee during the group’s study of potential areas NCRFA and the City of Arlington could collaborate. The shared costs include, Karen Reed Consulting LLC. for INTERLOCAL AGREEMENT BETWEEN NORTH SNOHOMISH RFA AND THE CITY OF ARLINGTON - 1 INTERLOCAL AGREEMENT BETWEEN NORTH COUNTY REGIONAL FIRE AUTHORITY AND THE CITY OF ARLINGTON REGARDING RFA ANNEXATION EXPENSES THIS INTERLOCAL AGREEMENT (the “Agreement”) is entered into by and between NORTH COUNTY REGIONAL FIRE AUTHORITY, a Washington municipal corporation (“NCRFA”, or the “Authority”) and the CITY OF ARLINGTON, a Washington city (the “City”) on this 1st day of October, 2020. WHEREAS, the City has requested to annex into NCRFA; WHEREAS, the parties are incurring, and will continue, to incur certain expenses associated with the annexation which are mutually beneficial to the parties (“Annexation Expenses”); and WHEREAS, the parties desire to equally share the Annexation Expenses. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Term. This Agreement shall take effect upon execution by both parties and the recordation of this Agreement with the County Auditor or posting of the Agreement on either party’s website, whichever is later (the “Effective Date”). This Agreement, however, shall apply retroactively to Annexation Expenses already incurred by either party. This Agreement shall remain in full force and effect until all obligations of the parties herein have been discharged, unless terminated earlier by mutual agreement of the parties. 2. Annexation Expenses. The Annexation Expenses shall include those set forth below and any additional category of expenses which the Fire Chiefs of the parties agree are of mutual benefit to the parties’ efforts to have the City annex into NCRFA. The following expenses are Annexation Expenses currently known to the parties: Expense Chmelik Sitkin & Davis, P.S. NCRFA Liz Loomis City Karen Reed Consulting City Excise and/or Use Taxes on Transfer of Personal NCRFA City 2.1 The Fire Chiefs of the parties are authorized to designate additional expenses as Annexation Expenses if they are reasonably necessary to the annexation process and are mutually beneficial to the parties. The Fire Chiefs may do so by executing an Addendum to this Agreement in the form attached hereto as Exhibit A. INTERLOCAL AGREEMENT BETWEEN NORTH SNOHOMISH RFA AND THE CITY OF ARLINGTON - 2 3. Reconciliation. The Parties shall provide each other with monthly reports by the 5th day of each month identifying the Annexation Expenses incurred by such Party to date. Within thirty (30) days after the election on the annexation measure, the parties shall provide a final report to each other. The party that has paid the greater share of Annexation Expenses shall issue an invoice to the other party, and such invoice shall be paid within thirty (30) days of receipt. 3.1 Upon transfer of the personal property from the City to the RFA, the party paying applicable taxes upon the transfer shall issue an invoice to the other party for one-half of such taxes. Such invoice shall be paid within thirty (30) days of receipt. 4. Miscellaneous. 4.1 Drafting. Each party has fully participated in the drafting of this Agreement. Therefore, this Agreement shall be construed according to its fair meaning without regard to which party drafted a particular provision. 4.2 Survival. All obligations of either party as provided for in this Agreement shall not cease upon the termination of this Agreement and shall continue as obligations until fully performed. All clauses of this Agreement which require performance beyond the termination date shall survive the termination date of this Agreement. 4.3 Entire Agreement. This Agreement contains all of the understandings between the parties regarding the subject matter of this Agreement. Each party represents that no promises, representations, or commitments have been made by the other as a basis for this Agreement which have not been reduced to writing herein. No oral promises or representations shall be binding upon either party, whether made in the past or to be made in the future, unless such promises or representations are reduced to writing in the form of a modification to this Agreement executed with all necessary legal formalities by the respective commissions of the County and the Authority. 4.4 Amendments. This Agreement may only be amended or modified by a written agreement approved and authorized by the legislative authority of each party. NORTH COUNTY REGIONAL CITY OF ARLINGTON FIRE AUTHORITY By: ____________________________ By: _____________________________ Fire Chief Mayor Attest: ___________________________ City Clerk Approved as to Form: Approved as to Form: ______________________________ ____________________________ Authority Attorney City Attorney INTERLOCAL AGREEMENT BETWEEN NORTH SNOHOMISH RFA AND THE CITY OF ARLINGTON - 3 EXHIBIT A Addendum to Interlocal Agreement This is an addendum to the Interlocal Agreement dated ____ between North County Regional Fire Authority and the City of Arlington (the “Agreement”). WHEREAS, the parties have identified additional expenses which should be classified as Annexation Expenses under the Agreement; and WHEREAS, the parties now desire to amend the Agreement to include these expenses. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Additional Annexation Expenses. The following expenses are designated Annexation Expenses pursuant to the Agreement: 2. All Other Terms and Conditions. All other terms and conditions of the Agreement shall remain unchanged and in full force and effect. NORTH COUNTY REGIONAL CITY OF ARLINGTON FIRE AUTHORITY By: _________________________________ By: _____________________________ Fire Chief Fire Chief City of Arlington Council Agenda Bill Item: WS #8 Attachment H 1.7 Remote Attendance. From time to time, it is not possible for a councilmember to attend a City Council meeting. In limited instances, the City would benefit by a Councilmember’s attendance by means of remote communication. The Council recognizes the benefits of fullest practicable attendance and participation by its members. Attendance from remote locations is intended to be an alternative and relatively infrequently used method for participation by Councilmembers. Remote attendance may occur in the following circumstances: (a) The City Administrator may approve a Councilmember’s written request for attendance at a Council meeting via remote communication when there is good cause, such as when travel is required for City business, personal business or vacation, illness or similar circumstances. The request and the reasons for the request shall be made in writing or via email to the City Administrator and City Clerk. The request shall be made as early as reasonably possible, to allow the City Administrator to confirm the availability of the remote communication technology and any required technical staff to participate in the meeting. (b) A Councilmember may attend via remote communication, when approved by the City Administrator, no more than four (4) times per year, and in no event more frequently than three (3) consecutive meetings. (c) No more than two (2) Councilmembers may attend via remote communication during any City Council meeting, except for circumstances described in paragraph (i), below. (d) In no event shall the City Administrator approve a Councilmember’s remote attendance request unless satisfactory video conferencing equipment or technology is available. Satisfactory equipment shall mean video conferencing software and connectivity to support the use of the City’s preferred video conferencing platform. The device or technology must allow the Councilmember to pose and answer questions that are posed from time to time, and to permit the public to see and hear the Councilmember at all times. (e) During any meeting that a Councilmember is attending via remote communication, the presiding officer or City Administrator shall state for the record that a particular Councilmember is attending via remote communication and the reasons for such attendance. (f) Councilmembers appearing via remote communication may participate and vote during the meeting as if they were physically present at the meeting. (g) Councilmembers appearing remote communication shall comply with all rules and procedures as if they were physically present at the meeting. (h) In the case of executive sessions, the City Administrator may permit participation from remote location(s) only when the City Administrator on a case-by-case basis considers such participation to be necessary and the City Administrator is confident in the security of such remote communications. (i) These provisions may be superseded in the case of pandemic or other emergency during which the requirements of the Open Public Meetings Act have been suspended by operation of law or proclamation of the Governor or other official with jurisdiction. The City Council Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: is absent, reasonable efforts shall be given to provide all absent members an opportunity to appear via remote Deleted: Deleted: technology capable of broadcasting the Councilmember’s voice attending clearly and sufficiently enough to be heard Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Formatted: List Paragraph, Numbered + Level: 1 +Numbering Style: i, ii, iii, … + Start at: 1 + Alignment:Left + Aligned at: 0.25" + Indent at: 0.75" reserves the right to make exceptions to the provisions of this paragraph 1.7 via motion at any duly noticed City Council meeting. City of Arlington Council Agenda Bill Item: WS #9 Attachment I report for the City of Arlington. Because of these updates, certain revisions to the City’s regulations Emergency Ordinance allowed Council to adopt the required revisions outside of the typical process of a Public Hearing, per AMC 20.96.120(b), to adhere the required FEMA adoption date of June 19, 2020. The ordinance is however, required to be heard at a public hearing within 6 months of its ORDINANCE NO. 2020-XXX 1 ORDINANCE NO. 2020--XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CERTAIN SECTIONS OF THE ARLINGTON MUNICIPAL CODE CHAPTER 20.64 RELATING TO FLOODPLAIN REGULATIONS WHEREAS, the City of Arlington Community & Economic Development staff has reviewed the provisions of Arlington Municipal Code Chapter 20.64 in connection with floodplain regulations; and WHEREAS, the City has worked with the Department of Ecology and the Federal Emergency Management Authority (FEMA) to amend the City’s ordinances for clarity and compliance; and WHEREAS, FEMA has adopted modifications to FEMA’s maps and regulations which became effective on June 19, 2020; and WHEREAS, the City finds that FEMA published notice in the newspaper and received no comments; and WHEREAS, the City is required to adopt ordinances implementing the FEMA maps and regulations; and WHEREAS, the City Planning Commission considered the proposed amendments to Arlington Municipal Code (AMC) Chapter 20.64 on October 20, 2020 and recommended approval to the City Council; and WHEREAS, the City Council considered the same at a workshop on October 26, 2020 and held an open record public hearing on November 2, 2020 and found that amendment of the ordinance was in the best interests of the citizens and the City; and WHEREAS, the City Council finds that the ordinance is consistent with the comprehensive plan of the City, and that the ordinance should be adopted; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Arlington Municipal Code section 20.64.010 shall be and hereby is amended to read as follows: 20.64.010 - Statutory authorization. The legislature of the state of Washington has ORDINANCE NO. 2020-XXX 2 delegated the responsibility to local governmental units to adopt floodplain management regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of the City of Arlington does ordain as follows: Section 2. Arlington Municipal Code section 20.64.020(a) shall be and hereby is amended to read as follows: 20.64.020 - Findings of fact. (a) The special flood hazard areas of the city encompass a very small area (two-tenths of one percent) of the developable lands within the corporate limits of the city. These areas are subject to periodic inundation of floodwaters due to storm surges and runoff, which may result in loss of life, property damage, public health and safety hazards, disruption of commerce and governmental services, and other consequences which adversely affect the public health, safety and general welfare. Section 3. Arlington Municipal Code section 20.64.050 shall be and hereby is amended by adding the following additional definitions, to read as follows: “Accessory Structure” means" a minor building that is located on the same lot as a principal building and that is used incidentally to a principal building or that houses an accessory use. “Alteration of Watercourse” means any action that will change the location of the channel occupied by water within the banks of any portion of a riverine waterbody. “Base Flood Elevation” (BFE) means the elevation to which floodwater is anticipated to rise during the base flood. “Building”: See “Structure”. “Floodplain or flood prone area” means any land area susceptible to being inundated by water from any source. See "Flood or flooding." “Floodplain management” means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations. “Floodplain management regulations” means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other application of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. ORDINANCE NO. 2020-XXX 3 “Flood proofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. Dry flood proofed structures are those that have the structural integrity and design to be impervious to floodwater below the Base Flood Elevation. “Functionally dependent use” means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long term storage or related manufacturing facilities. “Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. “Historic structure” means any structure that is: 1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or 4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: a) By an approved state program as determined by the Secretary of the Interior, or b) Directly by the Secretary of the Interior in states without approved programs. Impervious Surface: a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. ORDINANCE NO. 2020-XXX 4 "Structure" means a walled and roofed building including a gas or liquid storage tank that is principally above ground as well as a manufactured home. “Violation” means the failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. Section 4. Arlington Municipal Code section 20.64.050 shall be and hereby is amended by amending the following definitions, to read as follows: "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year (also referred to as the "one hundred-year flood"). "Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials, subdivision of land, removal of more than 5% of the native vegetation on the property, or alteration of natural site characteristics. "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters; (2) The unusual and rapid accumulation of runoff of surface waters from any source; (3) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in (2) in this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current; The collapse of subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusually and unforeseeable event which results in flooding as defined in (1) of this definition. "Flood insurance rate map (FIRM)" means the official map on which the Federal Insurance Administrator has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. ORDINANCE NO. 2020-XXX 5 "Flood insurance study" means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. Also known as the Flood Elevation Study "Floodplain administrator" means the director of community development, who is hereby deemed to be the city's floodplain administrator to administer and enforce the floodplain management regulations. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. "New construction" means, for the purposes of determining insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial Flood Insurance Rate Map or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, “new construction” means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. "Protected area" means the greater of the floodway, the channel migration zone plus 50 feet, and the riparian habitat zone within the FEMA mapped special flood hazard area. "Structure" means a walled and roofed building including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage” regardless of the actual repair work performed The term does not, however, include either: (1) Any project for improvement of a structure to correct identified existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (2) Any alteration of a "historic structure," provided that the alteration would not preclude the structure's continued designation as a "historic structure." ORDINANCE NO. 2020-XXX 6 Section 5. Arlington Municipal Code section 20.64.050 shall be and hereby is amended by removing the following definitions: Section 6. Arlington Municipal Code section 20.64.060 shall be and hereby is amended to read as follows: 20.64.060 - Basis for establishing the areas of special flood hazard. (a) The areas of special flood hazard identified by the Federal Insurance Administrator in a scientific and engineering report entitled "The Flood Insurance Study for Snohomish County and Incorporated Areas" (in which the city is incorporated) dated June 19, 2020, or as amended, with an accompanying flood insurance rate map (FIRM), as amended, are hereby adopted by reference and declared to be a part of this section. The flood insurance study and the FIRM are on file at Arlington City Hall, 238 North Olympic, Arlington, Washington. The best available information for flood hazard area identification as outlined in subsection (b) shall be the basis for regulation until a new FIRM is issued which incorporates the data utilized under subsection (b). (b) When base flood elevation data has not been provided (A zones) in accordance with subsection (a), the floodplain administrator shall use any base flood elevation and floodway data available from a federal, state or other source, in order to comply with Section 20.64.160 (General Standards), Section 20.64.170 (Specific standards for zones A and AE) and Section 20.64.180 (Specific standards for designated regulatory floodways). (c) If such data are not already available, the administrator may rely on a licensed surveyor to provide such information as necessary to reasonably ascertain said zones. Section 7. Arlington Municipal Code section 20.64.100 shall be and hereby is amended to read as follows: 20.64.100 - Supplementary information required with a permit application. In addition to the standard information required on a permit application, the following information is also required for any permits proposing development within a floodway or floodplain, watercourse alteration or relocation: (1) Proposed Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; (2) Proposed Elevation in relation to mean sea level to which any structure has been floodproofed; (3)Proposed Elevation certification by a registered professional engineer or architect. (4) Notify adjacent communities and the department of ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administrator through appropriate notification means. (5) Assure that the flood-carrying capacity of the altered or relocated portion of said is maintained. ORDINANCE NO. 2020-XXX 7 Section 8. A new Arlington Municipal Code section 20.64.125 shall be and hereby is amended to read as follows: 20.64.125 – Flood Hazard Permit Required A. General Requirements 1. No land within the areas of special flood hazard shall hereafter be subdivided or short subdivided, improved, filled, graded or cleared; nor shall any structure, including manufactured homes, be constructed, reconstructed, substantially improved, relocated, or erected on such lands unless the person(s) responsible for such improvements shall first obtain a Flood Hazard Permit for such action in accord with the provisions of Arlington Municipal Code Chapters 20.64. 2. The areas of flood hazard include those identified on the latest version of the Federal Insurance Administrator’s , Flood Insurance Rate Maps (FIRM), or subsequent floodplain information prepared by the City to show updated flood hazard information, or on site-specific studies if required for development application purposes. Publicly available flood hazard information is available from the Permit Center and Public Works Engineering. 3. A Habitat Assessment Report is required as part of project permitting to help project proponents and government agencies identify and address potential impacts of a proposed development on protected areas that have potential to adversely affect habitat functions for species listed under the Endangered Species Act (ESA). For the purposes of this assessment, "ESA listed species" include any species listed as endangered, threatened, or being considered for listing, and have been documented to be present in streams near and adjacent to the project site. Refer to FEMA Floodplain Habitat Assessment and Mitigation Regional Guidance for the Puget Sound Basin. B. Required Analysis Methods 1. When analysis is required. Projects that displace floodwaters require an engineer’s certification that compensatory storage and no reduction in floodway conveyance will result. Examples of projects exempt from the compensatory storage and conveyance certification analysis requirement include, but are not limited to: (i) Projects in the floodplain that do not involve any activity below the base flood elevation, such as a second story addition (an elevation certificate may still be required, however). (ii) Activities that do not involve recontouring of ground or new fill, such as an on-grade driveway. New or improved structures in the flood fringe (i.e., away from flowing flood water), where no fill is proposed and adequate foundation openings are provided. (iii) New or improved structures constructed on flow-through foundations or pilings where no fill is proposed. The City will verify that the exemption is valid before a permit is issued. ORDINANCE NO. 2020-XXX 8 2. Compensatory Storage Required. Development proposals shall not reduce the effective base Page 2 of 3 REV 10/2017 flood storage volume of the floodplain. Grading or other activity which would reduce the effective storage volume must be mitigated by creating compensatory storage either on-site, or approved adjacent off-site location. The compensatory storage must be hydraulically connected to the source of floodwaters and excavated at an elevation at or below the elevation of the filled storage that is being compensated. 3. No Reduction in Floodplain Conveyance. Development proposals shall not reduce the hydraulic capability of the floodplain on-site to convey floodwaters through the property during the base flood event. No rise in base flood elevations is allowed on adjacent properties. Providing this compensatory conveyance capacity can be done in conjunction with the compensatory storage, either on-site or off-site. 4. Floodplain Hydraulic Study. Compliance with the compensatory storage, compensatory conveyance requirements, and other requirements of the Arlington Municipal Code Chapter 20.64 shall be documented in a floodplain hydraulic study prepared by a licensed civil engineer registered in the state of Washington. The following methods shall be used to assess impacts and required mitigation: a. Base flood information, including flood magnitudes, shall be consistent with the latest Flood Insurance Study, or with subsequent reports and data furnished to the applicant by the City. The applicant should verify these assumptions, and whether hydraulic models that represent the current base flood mapping are available, with the City. b. The floodplain hydraulic study shall include site topographic mapping, plans and specifications for proposed grading and structures, surveyed cross-section data and graphs, flood profiles, model input and output data, and any other information necessary to document modeling assumptions, conditions and conclusions. If requested, floodplain study submittals shall be accompanied by electronic copies of floodplain models and topographic maps. c. Acceptable modeling methodologies for calculating floodplain conveyance impacts and mitigation are described in Table 1. Alternative methods may be approved by the City. ORDINANCE NO. 2020-XXX 9 Table 1. Acceptable Modeling Methodologies C. Document and Plans Submittal The following documents and plans shall be provided by the applicant at the time the permit application is filed with the City: 1. A complete legal description of the property; parcel number, lot number(s) and name of platted subdivision; or the tax lot number assigned by the County Assessor’s Office, Page 3 of 3 REV 10/2017 together with the Section, Township and Range Number. 2. A topographic survey of the property prepared by a licensed surveyor, with sufficient scale (1”=20’) and contour interval (2’) to adequately assess variations in the ground surface, and based on the City of Arlington datum (NAVD88). 3. Compensatory Storage and Floodplain Conveyance Design. The grading plan shall identify description, location and volume of compensatory storage provided, and features of floodplain conveyance facilities. Calculations and analysis methods shall be documented, as required in Section B (above), in the floodplain hydraulic study prepared by a licensed civil engineer registered in the state of Washington 4. A design of site stormwater drainage in compliance with Chapter 13.28 AMC (if required). 5. Habitat Assessment. 6. Two sets of plans, profiles, sections or sketches, drawn clearly and legibly, showing pertinent distances, dimensions, contours, elevations and details. obstruction of floodwaters or fill, such as vegetation removal or planting, building improvements that do not increase footprint, maintenance to restore an original permitted condition, feet of obstruction width or less than 2 feet of fill, not to exceed 100 square feet of total obstruction under base calculation assuming no change in water surface elevation and using appropriate Manning’s “n” value. that do not meet the definitions of 1) or HEC 2 or HEC –RAS. ORDINANCE NO. 2020-XXX 10 7. Permit application. D. Elevation Certificate 1. A preliminary elevation certificate shall be completed and submitted to the City at the time of first floor construction. 2. A final elevation certificate shall be submitted at completion of construction. 3. Elevation certificates shall be completed by or under the supervision of a Washington State Registered Professional Surveyor. Per state law, a licensed engineer cannot sign an elevation certificate. 4. The City shall approve preliminary and final elevation certificates. No acceptance or occupancy shall be granted prior to submittal of the as-built elevation certification. E. Other Permits The City’s approval of this application and permit does not grant approval for drainage work, grading or crossings that may affect streams or wetlands. Contact the City for more information on other permits that may be required for the project. F. Review and Approval An application, when completed on the forms provided by the City, together with required materials described above, will be reviewed by the Designated Official, and, when appropriate and necessary, by other public agency officials, engineers, and persons. Their recommendations will be forwarded to the designated official who will examine, approve or reject drawings, plans, sketches or floodplain analyses for any proposed improvement. The approved application, and approved plans will represent the permit. Section 9. Arlington Municipal Code section 20.64.140 shall be and hereby is amended to read as follows: 20.64.140 - Permissible uses within floodway. Notwithstanding Chapter 20.40 (Permissible Uses), no permit to make use of land within a floodway may be issued unless, the applicant can demonstrate a No Rise Certification per methods as outlined in 20.64.180 for the proposed use when listed as permissible in the Table of Permissible Uses, Chapter 20.93 (Critical Areas Ordinance), and in the following list: 1. General habitat restoration, farming, pasture, outdoor plant nurseries, horticulture, forestry, wildlife sanctuary, game farm, and other similar agricultural, wildlife, and related uses. 2. Ground-level loading areas, parking areas, boat launch, rotary aircraft ports, ORDINANCE NO. 2020-XXX 11 and other similar ground-level area uses. 3. Lawns, gardens, play areas, and other similar uses. 4. Golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, parks, hiking or horseback-riding trails, open space, and other similar private and public recreational uses. (Ord. No. 2016-014, § 1, 7-18-2016) Section 10. Arlington Municipal Code section 20.64.150 shall be and hereby is amended to read as follows: 20.64.150 – Construction within floodplains restricted. A. General development standards to be followed in floodplains (aka special flood hazard area) include: 1. If a lot has a buildable site out of the floodplain, all new structures shall be located there, when feasible. If the lot is fully in the floodplain, structures must be located to have the least impact on salmon. a. All structures must be set back at least fifteen feet from the protected area and sited as close to the SFHA boundary as possible. 2. Stormwater and drainage features shall incorporate low impact development techniques that mimic pre-development hydrologic conditions, when technically feasible. 3. Creation of new impervious surfaces shall not exceed ten percent of the surface area of the portion of the lot in the floodplain unless mitigation is provided. 4. Uses that are not permitted in the protected area unless shown not to adversely affect water quality, habitat, and large woody debris include; septic tanks and drain fields, dumping of any materials, hazardous or sanitary waste landfills: receiving area for toxic or hazardous waste or other contaminants. 5. a. The proposed action must be designed and located so that new structural flood protection is not needed. b. All bank stabilization measures requiring armoring of the streambank or shoreline shall utilize bioengineering per the integrated streambank protection guidelines 2003 (for riverine shorelines) or the state shorelines guidelines on bank stabilization 2003 (for estuarine and marine shorelines). 6. In an SFHA outside the protected area, zoning is required to maintain a low density of flood plain development. Concepts of cluster development, density transfer, credits and bonuses, planned unit development, and transfer of development rights shall be employed wherever possible. B. Any development occurring in the floodplain will require the issuance of a "flood hazard permit". A development permit shall be obtained before construction or development begins within any area of special flood hazard area. The permit shall be for all structures including manufactured homes, and for all development including fill and ORDINANCE NO. 2020-XXX 12 other activities as set forth in this chapter. 1. No land use or building permit may be issued for any development within a floodplain until the permit-issuing authority has reviewed the plans for any such development to assure that: a. The proposed development is consistent with the need to minimize flood damage, and b. All public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage, and c. Adequate drainage is provided to minimize or reduce exposure to flood hazards, and d. All necessary permits have been received from those agencies from which approval is required by federal or state law, and e. The application for a permit to develop in the affected area must include the elevations of the ten-, fifty-, and one hundred-year floods, where such data are available, and f. The applicant must record a notice on the title that the property contains land within the RHZ and/or one hundred-year floodplain before a permit may be issued, and g. Any improvements or repairs to existing structures that result in a greater than ten percent increase of the structure footprint must mitigate for any adverse effects, and h. Removal of native vegetation must leave sixty-five percent of the surface area of the portion of the property in the floodplain in an undeveloped state, and i. Development in the protected area (floodway, RHZ, and CMZ plus fifty feet) is prohibited unless it is demonstrated that any proposed development in the area does not adversely affect water quality, water quantity, flood volumes, flood velocities, spawning substrate, and/or floodplain refugia for listed salmonids. No mitigation is allowed within the protected area. However, project design elements to avoid any adverse effects may be allowed. 2. Any development outside the protected area must mitigate for adverse effects, both direct and indirect on functions such that equivalent or better salmon habitat protection is provided for: a. Stormwater. Reduce flood volumes and stormwater runoff from new development by ensuring that increased flood volumes of stormwater reach the river at the same frequency, timing and duration as historic runoff. Low impact development is required to be incorporated as described in Section 20.64.140(b)(2). b. Riparian vegetation: maintain or replace riparian function by providing equivalent area, diversity, and function of riparian vegetation as currently exists on the site. Riparian retention requirements are outlined in subsection (1)(H). c. Hyporheic Zones. No activity is allowed that interferes with the natural exchange of flow between surface water, groundwater, and hyporheic zone, ORDINANCE NO. 2020-XXX 13 however, natural hyporheic exchange may be enhanced or restored. d. Wetlands. Wetland function must be maintained or replaced by providing equivalent function. e. Large Woody Debris. Any large woody debris (LWD) removed from the floodplain must be replaced in kind, replicating or improving the quantity, size, and species of the existing LWD. 3. No building may be constructed and no substantial improvement of an existing building may take place within any floodway. This includes a prohibition on installing new mobile homes in an existing mobile home park located in a floodway, even if the park is nonconforming. 4. Where elevation data is not available either through the flood insurance study, FIRM, or from another authoritative source the applicant shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source (Subsection 20.64.060(b) Basis for establishing the areas of special flood hazard), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. 5. No new residential building may be constructed and no substantial improvement of a residential building may take place within any floodplain unless the lowest floor (including basement) of the building or improvement is elevated one foot or more above the base flood level. a. Accessory structures, shall be allowed within floodplains provided they are firmly anchored to prevent flotation, elevated one foot or more above the Base Flood Elevation, or, if used solely for parking or storage, meet the requirements under 20/64/170I1)(B) (i.e., vented). b. Anchoring of any accessory structures may be done by bolting the building to a concrete slab or by over-the-top ties. When bolting to a concrete slab, one-half inch bolts six feet on center with a minimum of two per side shall be required. If over-the-top ties are used, a minimum of two ties with a force adequate to secure the building is required. 6. No new nonresidential building may be constructed and no substantial improvements of a nonresidential building may take place within any floodplain unless the lowest floor (including basement) of the building or improvement is elevated or floodproofed one foot or more above base flood elevation (BFE). 7. For purposes of this section, "substantial improvement" means any building constructed on or after the effective date of a floodplain management regulation, including any, reconstruction, rehabilitation, addition, or other improvement of a building, the cost of which equals or exceeds fifty percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. "Substantial improvement" occurs when the first alteration on any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects ORDINANCE NO. 2020-XXX 14 the external dimensions of the building. The term does not, however, include either: a. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or b. Any alteration of a “historic structure”, provided that the alteration will not preclude the structure’s continued designation as a “historic structure”. 8. No land use or building permit may be issued for any development within a floodplain until the permit-issuing authority has reviewed the plans to assure that any new construction or substantial improvements shall be: a. Required that all new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. 9. Notwithstanding any other provision of this title, no mobile home may be located or relocated within that portion of the floodplain outside of the floodway, unless the following criteria are met: a. All manufactured homes must likewise be anchored to prevent flotation, collapse, or lateral movement resulting from hydrodynamic, hydrostatic loads, including the effects of buoyancy, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques). b. Lots or pads are elevated on compacted fill or by any other method approved by the administrator so that the lowest habitable floor of the mobile home is at or above the base flood level. c. Adequate surface drainage and easy access for mobile home hauler is provided. d. Load-bearing foundation supports such as piers or pilings must be engineered. 10. Whenever any portion of a floodplain is filled in with fill dirt, slopes shall be adequately stabilized to withstand the erosive force of the base flood. All activity within the floodplain will require the issuance of a Flood Hazard Permit by the City. Section 11. Arlington Municipal Code section 20.64.160 shall be and hereby is amended to read as follows: 20.64.160 - General standards. In all areas of special flood hazards, the following standards are required: (1) Anchoring. (A) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure ORDINANCE NO. 2020-XXX 15 resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. (B) All manufactured homes must likewise be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques). (2) A, AE Zone Drainage. Adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures. (3) Construction Materials and Methods. (A) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (B) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (C) Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Section 12. Arlington Municipal Code section 20.64.170 shall be and hereby is amended to read as follows: 20.64.170 - Specific standards for zones AE and A. In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 20.64.060 (Basis for establishing the areas of special flood hazard and Use of Other Base Flood Data), the following provisions are required: (1) Residential Construction. (A) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above the base flood elevation. (B) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or, if used solely for parking, access or storage, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: ORDINANCE NO. 2020-XXX 16 (i) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (ii) The bottom of all openings shall be no higher than one foot above grade. (iii) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (2) Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot or more above the base flood elevation; or, together with attendant utility and sanitary facilities, shall: (A) Be floodproofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (B) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; (C) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the floodplain administrator or building official. (D) Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g. a building floodproofed to the base flood level will be rated as one foot below). (3) Manufactured Homes. (A) All manufactured homes to be placed or substantially improved on sites: (i) Outside of a manufactured home park or subdivision, (ii) In a new manufactured home park or subdivision, (iii) In an expansion to an existing manufactured home park or subdivision, or (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood; (v) Shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot or more above the base flood elevation and be securely ORDINANCE NO. 2020-XXX 17 anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement. (B) Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision that are not subject to the above manufactured home provisions be elevated so that either: (i) The lowest floor of the manufactured home is elevated one foot or more above the base flood elevation, or (ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches in height above grade and be securely anchored to an adequately designed foundation system to resist flotation, collapse, and lateral movement. (4) Recreational Vehicles. Recreational vehicles placed on sites are required to either: (A) Be on the site for fewer than one hundred eighty consecutive days, (B) Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or (C) Meet the requirements of subsection (c)(3), and the elevation and anchoring requirements for manufactured homes. Section 13. Arlington Municipal Code section 20.64.190 shall be and hereby is deleted in its entirety. Section 14. Arlington Municipal Code section 20.64.210 shall be and hereby is amended to read as follows: 20.64.200 - AE zones with base flood elevations but no floodways. In areas with base flood elevations (but where a regulatory floodway has not been designated), no new construction, substantial improvements, or other development (including fill) shall be permitted within zone AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. Section 15. Arlington Municipal Code section 20.64.215 shall be and hereby is amended to read as follows: ORDINANCE NO. 2020-XXX 18 20.64.210 - Special provisions for all development proposals, including subdivisions and manufactured home parks, shall: (a) Be consistent with the need to minimize flood damage. (b) Have public utilities and facilities, such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage. (c) Have adequate drainage provided to reduce exposure to flood damage. (d) Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for all development proposals, including subdivisions and manufactured home parks, greater than fifty lots or five acres (whichever is the lesser). (e) All subdivisions are subject to use and construction restrictions contained in Section 20.64.130 (Artificial obstructions within floodways prohibited), Section 20.64.140 (Permissible uses within floodways), Section 20.64.150 (Construction within floodplains restricted), Section 20.64.180 (Specific standards for designated regulatory floodways) and Section 20.64.220 (Utility systems in floodways and floodplains) if any portion of the land to be subdivided lies within a floodway or floodplain. (f) Final plat approval for any subdivision containing land that lies within a floodway or may not be given unless the plat shows the boundary of the floodway or floodplain and contains in clearly discernible print the following statement: "Use of land within a floodway or floodplain is substantially restricted by Title 20, Chapter 20.64 of the Arlington Municipal Code." (g) Subject to the following sentence, a conditional use permit or final plat approval for any subdivision may not be given if: (1) The land to be subdivided lies within a zone where residential uses are permissible and it reasonably appears that the subdivision is designed to create residential building lots, and (2) Any portion of one or more of the proposed lots lies within a floodway or floodplain, and (3) It reasonably appears that one or more lots described in Subsections (g)(1) and (2) could not practicably be used as a residential building site because of the restrictions set forth in Section 20.64.150 (Construction within floodplains restricted), Section 20.64.160 (General standards), and Section 20.64.170 (Specific standards for zones AE and A). Section 16. Arlington Municipal Code section 20.64.240 shall be and hereby is amended to read as follows: 20.64.240 - Additional duties of administrator related to flood insurance and flood control. The administrator shall: (1) For the purpose of the determination of applicable flood insurance risk premium rates within zone A on the City's flood insurance rate map provided by ORDINANCE NO. 2020-XXX 19 the U.S. Federal Emergency Management Agency: (A) Obtain and maintain a record of the elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures and whether or not such structures contain a basement; and (B) Obtain and maintain, a record of the elevation (in relation to mean sea level) to which the structure was floodproofed; and (C) Maintain the floodproofing certifications found in others sections of this chapter; and (D) The city will track projects which have been issued floodplain development permits, including effects to flood storage and fish habitat and mitigation provided. (E) Maintain a record of all such information for public inspection. (2) Notify, in riverine situations, adjacent communities, the U.S. Army Corps of Engineers, the Washington State Department of Fish and Wildlife, and any effected diking or drainage districts prior to any alteration or relocation of a watercourse, and submit copies of such notification to the Federal Insurance Administrator. (3) Ensure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained and within the same sub-basin so carrying capacity is not diminished. (4) Maintain the records of all appeal actions and report any variances, including the justification for their issuance, to the Federal Insurance Administrator upon request. (5) Notification to Other Entities (A) Base Flood Elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, the Floodplain Administrator shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with Volume 44 Code of Federal Regulations Section 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data. (B) Notify the Federal Insurance Administrator in writing of acquisition by means of annexation, incorporation or otherwise, of additional areas of jurisdiction. Section 17. Arlington Municipal Code section 20.64.250 shall be and hereby is amended to read as follows: 20.64.250 - Variances from requirements. (a) Generally, the only condition under which a variance from the elevation standard may ORDINANCE NO. 2020-XXX 20 be issued is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (1)-(11) in subsection (i), have been fully considered. As the lot size increases, the technical justification required for issuing the variance increases. (b) Variances may be issued for the reconstruction, rehabilitation, or restoration of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. (c) Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. (d) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (e) Variances shall only be issued upon: (1) A showing of good and sufficient cause; (2) The submittal, review and approval of a biological assessment; (3) A determination that failure to grant the variance would result in exceptional hardship to the applicant; (4) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (f) Variances as interpreted in the national flood insurance program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare. (g) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except subsection (i)(1), and otherwise complies with Subsection 20.64.160(a) General standards), Subsection 20.64.170(2)(c), and Section 20.64.220 (Utility systems in floodways and floodplains). (h) Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that the structure permitted to be built with a lowest floor elevation below the base flood elevation will result in increased premium rates commensurate with the increased risk resulting from the reduced lowest floor elevation, and such construction below the base flood elevation increases risks to life and property. (i) In granting a variance, in addition to the findings of Section 20.20.030 (Variances), the decision-maker shall consider and make findings concerning all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and (including the degree to which the applicant proposes to mitigated impacts to) the following: ORDINANCE NO. 2020-XXX 21 (1) The danger that materials may be swept onto other lands to the injury of others; (2) The danger to life and property due to flooding or erosion damage; (3) The impact to ESA listed species and critical habitat; (4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (5) The importance of the services provided by the proposed facility to the community; (6) The necessity to the facility of a waterfront location, where applicable; (7) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (8) The compatibility of the proposed use with existing and anticipated development; (9) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (10) The safety of access to the property in times of flood for ordinary and emergency vehicles; (11) The expected heights, velocity, duration, rate of rise, debris and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and, (12) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (j) Upon consideration of the factors of subsection (b) and the purposes of this chapter, the decision-maker may attach such conditions to the granting of a waiver, as it deems necessary to further the purposes of this chapter. Section 18. Severability. If any provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 19. Effective Date. This ordinance or a summary thereof consisting of the title shall be published in the official newspaper of the City and shall take effect and be in full force five (5) days after publication. PASSED BY the City Council and APPROVED by the Mayor this _____ day of _______________, 2020. ORDINANCE NO. 2020-XXX 22 CITY OF ARLINGTON __________________________________ Barbara Tolbert, Mayor Attest: __________________________________ Wendy Van Der Meersche, City Clerk Approved as to form: __________________________________ Steven J. Peiffle City Attorney City of Arlington Council Agenda Bill Item: WS #10 Attachment J COUNCIL MEETING DATE: October 26, 2020 SUBJECT: Community and Economic Development September 2020 Monthly Report ATTACHMENTS: Community and Economic Development September 2020 Monthly Report DEPARTMENT OF ORIGIN Community and Economic Development; Marc Hayes, Director 360-403-3457 EXPENDITURES REQUESTED: None BUDGET CATEGORY: 0 BUDGETED AMOUNT: 0 LEGAL REVIEW: DESCRIPTION: September 2020 monthly department report to council. HISTORY: Review current development projects and work being conducted by Community and Economic Development. ALTERNATIVES: Information only. RECOMMENDED MOTION: Workshop; discussion only. Community and Economic Development Monthly Status Report Reporting Period: September 2020 Staffing Report: •The entire CED staff participated in a two-day WCIA course titled “Foundations of Implicit Bias”. This webinar was quite interactive and designed in a manner that caused you to participate in the breakout sessions. This course definitely made you think about the way we perceive, speak, interact and associate with other individuals and the subconscious effect that implicit bias has on everyones view of others. Takeaway quote “We don’t see things as they are; we see them as we are.~ Anais Nin Update on Current Contracts: •BERK contract for Planned Action EIS for the Arlington portion of the Cascade Industrial Center. The Draft Environmental Impact Statement (DEIS) was posted for a 30-day comment period, October 1-30, and is currently posted on the City’s website for review. Next step is to assemble any comments received and incorporate into the document and to select which action alternative we are to proceed with for the final Planned Action. •Complete Streets project (59th Ave.) design in progress. •Blueline Group contract for the Housing Action Plan (HAP). The “draft” Housing Action Plan has been sent to the Department of Commerce for their review and is currently being reviewed by Planning Commission and City Council. A public hearing will be scheduled in December for the HAP to be heard at an open record hearing, with Planning Commission recommendation to follow. It will then be presented to Council for adoption after the beginning of 2021. Challenges: •As COVID-19 continues to affect each and every one of us in our lives, we have really begun to see how not having any face to face time is having adverse impacts on sharing ideas. Zoom is fine for sharing information, but not being able to have any “in person” dialogue with individuals, where sharing ideas and providing real time context on subjects, is beginning to show. Something is definitely lost using only screentime. We certainly need to consider how we might meet physically, while still maintaining “social distancing”. Opportunities: New Programs/General Information Meetings: •Received an application for project “Roxy”, this project is to be located on the recently rezoned National Foods site, approximately 72 acres. The project consists of a 2,281,987 sf building (yes, my decimals are correct), 5 story (approximately 100 feet tall) distribution center. •Held a GIM to discuss the potential of developing the existing six lots situated along the west side of Olympic Ave. between Maple St. and Union St. • Held a GIM to discuss the proposed AHS addition and renovations, to include a 17,690 sf addition and 5,000 sf of remodeled area; five new general classrooms; an expanded Life Skills Learning Suite; a Career Technical Education (CTE )Lab to support robotics, prototyping and digital fabrication; and a Scene Shop to support the Performing Arts Center. The completed project will expand the high school capacity by 8-10 teaching spaces. • Held a GIM to discuss the proposed renovation of the MacLeod Ave./Legion parking lot sides of the Unique Interiors buildings. • Held a GIM to discuss the siting of a six-bed Adult Family Home at an existing home at 521 5th Street. Planning Commission: • September 15, 2020 Planning Commission Workshop a) Washington Avenue Design Review – discussion b) SMARTCAP ABP Design Review – PLN#741 c) Dungeness Gear Works Design Review – PLN#706 • October 6, 2020 Planning Commission Workshop 1. Final Draft of the Housing Action Plan 2. “Draft” Planned Action Environmental Impact Statement (EIS) 3. Letter from Planning Commission to City Council 4. Resolution for establishing a “Center of Excellence” within the Airport Business Park 5. Unique Interiors Design Review Council Action Items: