HomeMy WebLinkAbout06-09-2014
City of Arlington
Council Agenda Bill
Item:
WS #1
Attachment
A
COUNCIL MEETING DATE:
June 9, 2014 Workshop
SUBJECT:
Floodplain Code Update
ATTACHMENTS:
FEMA Letter, Draft Ordinance, Biological Opinion Checklist (BiOp)
DEPARTMENT OF ORIGIN
Public Works - Bill Blake
EXPENDITURES REQUESTED: None
BUDGET CATEGORY:
LEGAL REVIEW:
DESCRIPTION:
Consider the adoption of an ordinance to update the floodplain regulations to meet the
requirements of the FEMA Biological Opinion checklist.
HISTORY:
FEMA sent a letter to the City in November of 2013 informing the City we needed to update our
floodplain regulations to meet the updated BiOp checklist. The letter allowed a six-month
period for the update. Draft language was developed by staff and sent to FEMA and Dept. of
Ecology for review. The language was approved with the addition of one reference to
severability that was approved by the City Attorney.
ALTERNATIVES
Discussion Only
RECOMMENDED MOTION:
Discussion Item Only
ORDINANCE NO. 2014--XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
ADOPTING REVISIONS TO THE CITY’S FLOODPLAIN DEVELOPMENT
REGULATIONS TO COMPLY WITH THE NATIONAL FLOOD INSURANCE PROGRAM
WHEREAS, the City of Arlington has the authority to regulate land uses within the City;
and
WHEREAS, the City of Arlington has consulted with FEMA concerning the City’s
compliance with the September 22, 2008 Biological Opinion of the National Marine Fisheries
Service (NMFS); and
WHEREAS, the Planning Commission conducted a public hearing on the proposed
revisions on ______________________; and
WHEREAS, the City Council wishes to approve the amendments to the city’s
development regulations;
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as
follows:
Section 1. Arlington Municipal Code Section 20.64.060(a) shall be and hereby is
amended to read as follows:
20.64.060 (a) Basis for Establishing the Areas of Special Flood Hazard. \
(a) The areas of special flood hazard identified by the Federal Insurance
Administration in a scientific and engineering report entitled “The Flood
Insurance Study for Snohomish County and incorporated Areas” (in which the
City of Arlington is incorporated) dated September 16, 2005 29, 2006, 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 ordinance. 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).
Section 2. Arlington Municipal Code section 20.64.150(b) shall be and hereby is
amended to read as follows:
ORDINANCE NO. 2014-XXX 1
(b) General Development standards to be followed in Special Flood Hazard
Area include:
1. If a lot has a buildable site out of the Special Flood Hazard Area,
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.
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 10 percent of
the surface area of the portion of the lot in the floodplain unless mitigation
is provided and maintained that functions as “10% effective impervious
surface”.
4. Any loss of floodplain storage shall be avoided, rectified or
compensated for as identified in (20.88.530)
5. Uses that are not permitted in the Protected Area unless shown not
to adversely affect water quality, habitat, etc., include septic tanks and
drain fields, dumping of any material, hazardous or sanitary waste
landfills: receiving area for toxic or hazardous waste or other
contaminants.
6. a. The proposed action must be designed and located so that new
structural flood protection is not needed.
b. When there is a need to repair existing bank stabilization
structures or protect existing infrastructure the applicant shall utilize
bioengineering per the Integrated Streambank Protection Guidelines
(2003).
7. New road crossing over ESA listed streams within the special
flood hazard area are prohibited unless a concurrence letter from NMFS or
a habitat assessment demonstrating “no adverse affect” is received.
8. Uses that are allowed in the existing or equivalent zoning and do
not require an up-zoning increasing floodplain development densities, or
participate in a TDR program that results in an equivalent or greater area
of Stillaguamish floodplain to be protected from development in
perpetuity.
Section 3. Arlington Municipal Code Section 20.93.530 shall be and hereby is amended
to read as follows:
All land uses and development proposals shall comply with the regulations for
general and specific flood hazard protection (see Chapter 20.64, Floodways,
Floodplains, Drainage, and Erosion). Development shall not reduce the effective
base flood storage volume. Reduction of the floodwater storage volume
effectiveness due to grading, construction, or other regulated activities shall be
ORDINANCE NO. 2014-XXX 2
compensated for by creating on- or off-site detention and/or retention ponds.
Effective storage capacity must be maintained.
When new flood storage is being constructed to mitigate for loss of flood storage
area that is in the floodplain but not vegetated and not used as salmon habitat the
effective storage must be constructed in a manner that will not cause stranding of
fish. When new flood storage is being constructed to mitigate for loss of flood
storage in an area with existing native vegetation and used by salmon for habitat it
must be revegetated with native plants and graded to prevent stranding.
Base flood data and flood hazard notes shall be on the face of any recorded plat or
site plan including, but not limited to, base flood elevations, flood protection
elevation, boundary of floodplain and zero rise floodway.
Section 4. 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 5. Effective Date. This ordinance shall be effective five days from its adoption
and publication as required by law.
PASSED BY the City Council and APPROVED by the Mayor this _____ day of
_______________, 2014.
CITY OF ARLINGTON
Barbara Tolbert, Mayor
Attest:
Kristin Banfield, City Clerk
Approved as to form:
ORDINANCE NO. 2014-XXX 3
Steven J. Peiffle
City Attorney
ORDINANCE NO. 2014-XXX 4
Floodplain Management
and the Endangered Species Act
Checklist for Programmatic
Compliance
November, 2013
Region 10
Community Checklist
for the
National Flood Insurance Program
and the
Endangered Species Act
Produced by FEMA - Region 10
January 2012
FEMA
Region 10
For additional information or copies of this guidance:
Federal Emergency Management Agency
Attn: Mitigation Division
Federal Regional Center, Region 10
130 228th St. SW
Bothell, WA 98021-9796
(425) 487-4600
www.fema.gov/regionx/nfipesa.shtm
Contents
National Flood Insurance Program ............................................................................................................... 7
The Biological Opinion ................................................................................................................................. 8
Biological Opinion Checklist ........................................................................................................................ 9
NFIP Ordinance Checklist .......................................................................................................................... 18
Riverine Communities .......................................................................................................................... 18
Communities with Shallow Flooding ................................................................................................... 25
Communities with Coastal Velocity (V) Zones ................................................................................... 26
Definitions ............................................................................................................................................ 28
Submittal Procedures .................................................................................................................................. 31
Acknowledgements
This guidance document was developed by Region X of the Department of Homeland Security Federal
Emergency Management Agency, as part of its continuing effort to improve floodplain management
practices and assist communities in meeting the requirements of the Endangered Species Act.
It was prepared with the advice and assistance of a special advisory committee that included
representatives from:
─ City of Auburn
─ City of Carnation
─ City of Everett
─ Jefferson County
─ King County
─ City of Lacey
─ Lummi Nation
─ City of Monroe
─ National Marine Fisheries Service
─ Pierce County
─ San Juan County
─ Snohomish County
─ City of Tukwila
─ Washington State Department of Ecology
─ Whatcom County
While some comments were not incorporated, the reviews of each agency in a common endeavor to make
this a useful regulatory tool are appreciated.
This document was drafted by French & Associates, Ltd., Steilacoom, ESA Adolfson, Seattle, and
PBS&J, Seattle, through an arrangement with the Insurance Services Office and the Community Rating
System. This document was reviewed and commented upon by Edward A. Thomas Esq., of Michael
Baker Jr., Inc.
Washington NFIP-ESA 7 November 2013
Programmatic Checklist
National Flood Insurance Program
The National Flood Insurance Program (NFIP) was created in 1968 as a way to offer an alternative to
disaster assistance for properties subject to flood damage. In return for federally supported flood
insurance, local governments had to agree to regulate development in their floodplains in accordance with
the Program’s criteria. Since 1979, the program has been administered by the Federal Emergency
Management Agency (FEMA).
The NFIP has proven very effective as a way to shift
the cost of flood damage from taxpayers to insurance
policy holders. It has also steered development away
from floodplains and set construction standards for
development that is allowed.
As an insurance driven program, the NFIP is funded
by insurance premiums, not tax dollars. The program
is focused on protecting all new and substantially
improved buildings. It sets minimum floodplain
management standards that protect new buildings. As
a result, buildings in the floodplain that meet the
NFIP standards suffer 80% less flood damage than
buildings constructed before the requirements went
into effect. Under the floodway concept, the NFIP
prevents development from substantially increasing
flood damage on other properties.
However, while the minimum requirements of the NFIP protect the public health, safety, and welfare of
the community by protecting buildings from the 100-year, or 1% chance flood, the program was not
intended to address other floodplain management concerns, such as riparian habitat. Local ordinances that
only address protecting insurable buildings may not protect natural and beneficial floodplain functions.
Regulations that just meet the minimum NFIP requirements do not protect property from greater than
100-year floods and floods that occur outside the mapped Special Flood Hazard Area.
While buildings can be built to minimize 100-year flood
damage, people may still be exposed to flood hazards,
especially residents of floodprone homes who cannot get
out in time (see box). Accordingly, it is a good practice
(and FEMA recommends) that communities consider the
NFIP as a starting point, and adopt higher regulatory
standards that better meet local needs.
In 2008, the National Marine Fisheries Service issued a
Biological Opinion. That opinion noted that continued
implementation of the NFIP in the Puget Sound adversely
affects the habitat of certain threatened and endangered
species.
River rescue: In 1988, a home was
constructed in the floodplain fringe of the
Carbon River. It met all of the construction
standards of the NFIP. When the Carbon
River started to flood in 2007, the family
tried to drive to high ground. Their van got
stuck in waters that were too fast and deep
for the Sheriff Department’s river rescue
team. A Coast Guard helicopter had to
come to the rescue, hovering over the van
and winching each person up, one at a time.
In order to prevent such situations from
occurring, Pierce County amended its
floodway mapping standard to account for
deep and fast moving water − a standard
that exceeds the NFIP minimum require-
ment adopted to protect lives and reduce
public expenses.
This Washington home is one of many built to
NFIP standards that were not demolished by
the 2007 Chehlalis River flood.
Washington NFIP-ESA 8 November 2013
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The Biological Opinion
A background on how floodplain development can affect habitat is included in Appendix C. On
September 22, 2008, the National Marine Fisheries Service (NMFS) issued a Biological Opinion
that required changes to the implementation of the National Flood Insurance Program in order to
meet the requirements of the Endangered Species Act (ESA) in the Puget Sound watershed.
FEMA offers two ways to meet this ESA requirement:
1. Prohibit all development in the floodway and other areas as specified by the RPA.
2. Enact regulations that allow development that meet the criteria specified in the Biological
Opinion by either:
a. Adopting this Model Ordinance, or
b. Enforcing the same requirements in other ordinances, such as the growth
management, zoning, or critical areas regulations.
If a community chooses not to enact regulations under the two options described above, then a
third option of showing compliance with ESA on a permit by permit basis will be required. This
will typically involve requiring applicants for floodplain development permits to require habitat
assessments. Conducting the assessment and preparing a habitat mitigation plan are explained in
more detail in Regional Guidance for Floodplain Habitat Assessment and Mitigation (see
Appendix A). If option 3 is chosen, NFIP communities must ensure that permit applicants have
demonstrated compliance with ESA before issuing a floodplain development permit.
Option 2 is generally preferred by most communities. Option 2.b. may be an easier route for
those cities and counties that have critical area and shoreline management regulations. For those
communities, the Biological Opinion Checklist can be used to identify if they need to amend
their existing regulations to meet the Biological Opinion’s criteria. If the checklist shows that
additional regulations need to be adopted, language from the noted section in the Model
Ordinance can be used.
It should be noted that the NFIP regulations (44 CFR 60.3(a) (2)) require participating
communities “to assure that all necessary permits have been received from those governmental
agencies from which approval is required by Federal or State law.” Under options 2.a. and b,
NFIP communities must ensure that permit applicants meet the criteria established in the
Biological Opinion. If option 3 is chosen, NFIP communities must ensure that permit applicants
projects have no adverse effect or the project can otherwise demonstrate compliance with the
ESA before issuing a floodplain development permit.
Washington NFIP-ESA 9 November 2013
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Biological Opinion Checklist
A community may choose to demonstrate that their local ordinances, processes, and written procedures
meet or exceed the performance standards set forth in the Biological Opinion Reasonable and Prudent
Alternative elements 2 and 3 and Appendix 4 in addition to the performance standards of the minimum
NFIP program.
The community must show where its regulations, processes, and procedures meet the minimum criteria
for the NFIP (44 CFR 59 – 60) and the Endangered Species Act (as clarified by the Biological Opinion,
RPA elements 2 and 3 and Appendix 4). The checklist for the minimum NFIP requirements starts on page
16.
This checklist is for the ESA/Biological Opinion criteria. The requirements are abbreviated here.
The full requirements are found in the Biological Opinion and the errata sheets. The recommended
regulatory language is in the noted sections of the NFIP ESA Model Ordinance. If the community already
has adopted the provision, the ordinance section or other regulatory reference should be entered in the
third column. If the community’s regulations do not fulfill the provision, the noted language in the NFIP
ESA Model Ordinance can be used.
If a community believes that their ordinances, processes, and written procedures meet the no adverse
effect standard of the Reasonable and Prudent Alternative, yet do not meet the specific performance
criteria as set forth in that Reasonable and Prudent Alternative, then the community may submit their
language to FEMA along with any background documentation (i.e. best available science) and rationale
for why the stated language meets the performance standard for FEMA to review. FEMA will conduct a
review of the documentation and provide technical assistance or a concurrence letter to the community
once the review is complete.
Washington NFIP-ESA 10 November 2013
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Biological Opinion Provision ESA
Reference
Model
Ordinance
Section
Community
Regulations Citation
Community Comments and
Explanations
1. Activities Affected
All “development” in the areas affected must
comply with these provisions. The BiOp added
the last two phrases to the NFIP definition of
“development:”
any man-made 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, storage of equipment or
materials, subdivision of land, removal of
substantial amounts of vegetation, or alteration
of natural site characteristics.
App. 4,
footnote 23
2.
Definitions
2. Mapping Criteria
a. In addition to the Special Flood Hazard
Area (SFHA) and floodway on the
community’s Flood Insurance Rate Map,
the following areas are delineated
(communitywide or permit by permit).
Washington NFIP-ESA 11 November 2013
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1) Riparian habitat zone (RHZ),
• 250 ft. for Type S Streams
• 200ft. for Type F streams greater
than 5 ft. wide and marine
shorelines
• 150 ft. for Type F streams less
than 5 ft. wide for lakes
• 150 ft to 225 ft for Type N
perennial and seasonal streams
depending on slop stability
RPA 3.A,
App. 4,
Section 1,
5/14/09
Errata
letter page
6
3.4.C
2) Channel migration zone (CMZ) plus
50 feet,
RPA 3.A,
App. 4,
Section 1
3.4.D
b. New mapping must consider future
conditions and the cumulative effects from
future land-use change.
RPA 2.C 3.5.F
c. Communities are encouraged to consider
identifying and evaluating the risk of
flooding behind 100-year levees based on
future conditions and cumulative effects
RPA 2 D
d. Communities must use the most restrictive
data available for the channel migration zone,
floodways, future conditions, and riparian
habitat areas.
App. 4,
Section
3.12
3.5G
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3. Administrative Procedures
a. The application for a permit to develop in
the affected area must include the
elevations of the 10-, 50-, and 100-year
floods, where such data are available
App. 4,
Section 3.4 4.2.A.3
b. The applicant must record a Notice on
Title that the property contains land within
the RHZ and/or 100-year floodplain
before a permit may be issued.
App. 4,
Section 3.9 5.1.G
c. Communities that permit development
must track the projects for which they
issue floodplain development permits,
including effects to flood storage ,fish
habitat, all indirect effects of development,
and mitigation provided.
App. 4,
Section 4 4.5.F, 4.5.G
4. General Development Standards
a. If a lot has a buildable site out of the
Special Flood Hazard Area, 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.
App. 4,
Sections
3.1 and
3.11
5.2.A
b. Stormwater and drainage features shall
incorporate low impact development
techniques that mimic pre-development
hydrologic conditions, when technically
feasible.
RPA
3.A.3.B
and 4.A
5.2.B.1
Note 1
Washington NFIP-ESA 13 November 2013
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c. Creation of new impervious surfaces shall
not exceed 10 percent of the surface area
of the portion of the lot in the floodplain
unless mitigation is provided.
App. 4,
Section 3.6 5.2.B.2
d. Any loss of floodplain storage and fish
habitat functions shall be avoided,
rectified or compensated for. New flood
storage/habitat areas must be graded and
vegetated to allow fish refugia during
flood events and return to main channel as
floodwaters recede without creating
stranding risks. Any compensation off site
must be in a priority floodplain restoration
area identified in the associated ESU
Recovery Plan for listed species.
RPA
3.A.3.b,
App. 4,
Section 2
7.6
e. Uses that are not permitted in the
Protected Area2 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 areas for toxic or hazardous
waste or other contaminants.
App. 4,
Section 1 5.3
Washington NFIP-ESA 14 November 2013
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5. Habitat Protection Standards
a. Require that improvements, repairs, or
expansions of existing buildings in the
floodplain be limited to no more than 10
percent of the existing footprint (i.e., when
building and other structures such as
garages are substantially damaged or
expanded in the floodplain), unless
mitigation for any adverse effects to
species or their habitat is provided
RPA 3.A.4 7.2.B
b. Removal of native vegetation must leave
65 percent of the surface area of the
portion of the property in the floodplain in
an undeveloped state.
App. 4,
Section 3.7 7.4
c. The community must prohibit
development in the protected area
(floodway, RHZ, and CMZ plus 50 feet)
or demonstrate 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. The only
form of mitigation allowed in the
protected area is avoidance. No
compensatory mitigation is allowed within
the protected area.
RPA 3.A.2,
App. 4,
Section 1,
4
7.7
7.8
Washington NFIP-ESA 15 November 2013
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d. Any development outside the Protected Area
must mitigate for adverse indirect effects on
functions such that equivalent or better salmon
habitat protection is provided for:
1) Stormwater: Reduce flood volumes and
stormwater runoff from new development
by ensuring that increased volumes of
stormwater reach the river at the same
frequency, timing and duration as
historical runoff. LID is required to be
incorporated as described in Section 4(b)
above.
2) Riparian vegetation: maintain or replace
riparian function by providing equivalent
area, diversity, and function of riparian
vegetation as currentl y exists on the site.
Riparian retention requirements are
outlined in Section 5(b).
3) Hyporheic zones: No activity is allowed
that interferes with the natural exchange of
flow between surface water, groundwater,
and hyporheic zone, however, natural
hyporheic exchange may be enhanced or
restored.
4) Wetlands: Wetland function must be
maintained or replaced by providing
equivalent function.
5) 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.
App. 4,
Section 3,
3.5
Note 3
7.7
7.8
Washington NFIP-ESA 16 November 2013
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e. In the SFHA outside the Protected Area,
require zoning to maintain a low density
of floodplain development. Concepts of
cluster development, density transfer,
credits and bonuses, planned unit
development, and transfer of development
rights shall be employed wherever
possible
App. 4,
Section
3.2,
3.11
5.1.B
f. All structures must be set back at least 15
feet from the Protected Area and sited as
close to the SFHA boundary as possible
App. 4,
Section 3.3 5.2.A.3
g. The proposed action must be designed
and located so that new structural flood
protection is not needed
App. 4,
Section 3.8
4.2.E
h. New road crossings over streams are
prohibited outside the Protected Area
App. 4,
Section 3.10
7.8.A.4
Note 4.
i. 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).
App. 4,
Section 3
4.2.F
Commentar
y
Note 1. The 2012 SWMMWW requires communities to incorporate LID into their stormwater management regulations in order to comply with
the NPDES permit. Compliance with these provisions of the 2012 SWMMWW will be considered compliant with this provision of the Biological
Opinion.
Note 2. The Protected Area is defined as the greater of the Floodway, the Channel Migration Zone (see 2.A.2), and the Riparian Habitat Zone (see
2.A.1) within the FEMA mapped Special Flood Hazard Area.
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Note 3. Appendix 4 of the Biological Opinion requires the use of specific guidance documents in order to adhere to the requirements.
• LID: PSAT 2002 (updated 2005)
• Riparian Vegetation: WDFW riparian management recommendations (Knutson and Naef 1997)
• Hyperheic Zones:Bolton and Shelborg, 2001
• Wetlands: McMillan 1998
• Large Woody Debris: WDFWAquatic Habitat Guidelines
Note 4. While new stream crossings are prohibited in areas outside the protected area, if an applicant provides approval for the stream crossing as
a result of another federal process (Sec 4d, 7 or 10) then it is allowable,
Washington NFIP-ESA 18 November 2013
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NFIP Ordinance Checklist
For more information on this checklist, contact the FEMA Regional Office.
The “A – E” columns are based on the data provided on the community’s Flood Insurance Rate Map:
A = Flood Hazard Boundary Map
B = Flood Insurance Rate Map without elevation
C = Flood Insurance Rate Map with base flood elevations
D = Flood Insurance Rate Map with floodways
E = Flood Insurance Rate Map with floodways and V zones
Blacked out sections are not applicable.
Riverine Communities
CRITERIA & MODEL ORDINANCE REFERENCE A B C D E FEDERAL
REGULATION
REFERENCE
MODEL ORDINANCE 3.2.A
BASIS FOR ESTABLISHING THE AREAS OF SPECIAL
FLOOD HAZARD
The areas of special flood hazard identified by the Federal
Insurance Administration in a scientific and engineering
report entitled “The Flood Insurance Study for (__community
name__) “ dated (___), (20__), and any revisions thereto*,
with an accompanying Flood Insurance Rate Map (FIRM),
and any revisions thereto*, are hereby adopted by reference
and declared to be a part of this ordinance. The Flood
Insurance Study and the FIRM are on file at (__community
address__). The best available information for flood hazard
area identification as outlined in Sections 3.2, 3.3, and 3.5
shall be the basis for regulation until a new FIRM is issued
that incorporates data utilized under Sections 3.3.F and 3.5.
* In some communities, the phrase “and any revisions
thereto” is not considered legally binding and should not be
adopted.
44 CFR
60.3(c)(1)d)(2)
MODEL ORDINANCE 4.1
DEVELOPMENT PERMIT REQUIRED
A development permit shall be obtained before construction
or development begins within any area of special flood
hazard established in Section 3.2. The permit shall be for all
structures including manufactured homes, as set forth in the
“Definitions,” and for all development including fill and
other activities, also as set forth in the “Definitions.”
44 CFR 60.3(b)(1)
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MODEL ORDINANCE 4.2.F, 4.5.B, 4.7.A.3
PERMIT REVIEW
Review all development permits to determine that all
necessary permits have been obtained from those Federal,
State, or local governmental agencies from which prior
approval is required.
44 CFR 60.3(a)(2)
MODEL ORDINANCE 3.3.F
USE OF OTHER BASE FLOOD DATA
When base flood elevation data has not been provided (in A
or V Zones) in accordance with Section 3.2, the (Local
Administrator) shall obtain, review, and reasonably utilize
any base flood elevation and floodway data available from a
Federal, State or other source, in order to administer Sections
6, and 7.5.
44 CFR 60.3(b)(4)
MODEL ORDINANCE 4.2.C, 4.5.F, 4.7.A.1
INFORMATION TO BE OBTAINED AND MAINTAINED
(1) Where base flood elevation data is provided through the
Flood Insurance Study, FIRM, or required as in Section 3.3,
obtain and record the actual (as-built) elevation (in relation to
mean sea level) of the lowest floor (including basement) of
all new or substantially improved structures, and whether or
not the structure contains a basement.
(2) For all new or substantially improved floodproofed
nonresidential structures where base flood elevation data is
provided through the FIS, FIRM, or as required in
Section 3.3:
(i) Obtain and record the elevation (in relation to mean
sea level) to which the structure was floodproofed,
(ii) Maintain the floodproofing certifications required in
Sections 4.2.D, 6.3.D.
(3) Maintain for public inspection all records pertaining to
the provision of this ordinance.
44 CFR
60.3(b)(5)(i)
44 CFR
60.3(b)(5)(ii)
44 CFR
60.3(b)(5)(iii)
MODEL ORDINANCE 7.9.B
ALTERATION OF WATERCOURSES
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
Administration.
44 CFR 60.3(b)(6)
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MODEL ORDINANCE 7.9.C
ALTERATION OF WATERCOURSES
Require that maintenance is provided within the altered or
relocated portion of said watercourse so that the flood
carrying capacity is not diminished.
44 CFR 60.3(b)(6)
MODEL ORDINANCE 6.2.C
ANCHORING
All new construction and substantial improvements shall be
anchored to prevent flotation, collapse, or lateral movement
of the structure.
44 CFR
60.3(a)(3)(i)
MODEL ORDINANCE 6.4.B
ANCHORING
All manufactured homes shall 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. For more
detailed information, refer to guidebook, FEMA-85,
“Manufactured Home Installation in Flood Hazard Areas.”
44 CFR 60.3(b)(8)
MODEL ORDINANCE 6.2.D
CONSTRUCTION MATERIALS AND METHODS
All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to
flood damage.
44 CFR
60.3(a)(3)(ii)
MODEL ORDINANCE 6.2 − 6.6
CONSTRUCTION MATERIALS AND METHODS
All new construction and substantial improvements shall be
constructed using methods and practices that minimize flood
damage.
44 CFR
60.3(a)(3)(iii)
MODEL ORDINANCE 6.2.E
CONSTRUCTION MATERIALS AND METHODS
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.
44 CFR
60.3(a)(3)(iv)
MODEL ORDINANCE 6.7
UTILITIES
(1) All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood waters
into the systems;
44 CFR 60.3(a)(5)
WAC 173-160-171
Washington NFIP-ESA 21 November 2013
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(2) Water wells shall be located on high ground that is not in
the floodway*
(3) New and replacement sanitary sewerage systems shall be
designed to minimize or eliminate infiltration of flood waters
into the systems and discharges from the systems into flood
waters; and
(4) Onsite waste disposal systems shall be located to avoid
impairment to them or contamination from them during
flooding.
* FEMA endorses the more restrictive WA floodway
standard identified in WAC 173-160-171
44 CFR
60.3(a)(6)(i)
44 CFR
60.3(a)(6)(ii)
MODEL ORDINANCE 5.1
SUBDIVISION PROPOSALS
(1) All subdivision proposals shall be consistent with the
need to minimize flood damage;
(2) All subdivision proposals shall have public utilities and
facilities, such as sewer, gas, electrical, and water systems
located and constructed to minimize or eliminate flood
damage;
(3) All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage;
Section 3.5.C − (4) Where base flood elevation data has not
been provided or is not available from another authorized
source, it shall be generated for subdivision proposals and
other proposed developments which contain at least 50 lots
or 5 acres (whichever is less).
44 CFR
60.3(a)(4)(b)(3)
44 CFR
60.3(a)(4)(i)
44 CFR
60.3(a)(4)(iii)
44 CFR 60.3(b)(3)
MODEL ORDINANCE 6.2
RESIDENTIAL CONSTRUCTION
(1) 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 (BFE).
* Minimum standards require the lowest floor to be elevated
“to or above” the BFE; however, adding an additional foot
of freeboard increases safety and reduces insurance
premiums and its adoption is strongly encouraged by FEMA.
This note applies throughout the model ordinance.
(2) Fully enclosed areas below the lowest floor that are
subject to flooding are prohibited, or 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:
44 CFR 60.3(c)(2)
44 CFR 60.3(c)(5)
Washington NFIP-ESA 22 November 2013
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(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.
MODEL ORDINANCE 6.3
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:
(1) Be floodproofed so that below one foot or more above the
base flood level of the structure is watertight with walls
substantially impermeable to the passage of water;
(2) Have structural components capable of resisting
hydrostatic and hydrodynamic loads including the effects of
buoyancy
(3) 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 official as
set forth in Sections 4.2.D, 4.6, 4.7.A.1;
(4) Nonresidential structures that are elevated, not
floodproofed, must meet the same standards for space below
the lowest floor as described in 6.2;
44 CFR
60.3(c)(3)(i)
44 CFR
60.3(c)(3)(ii)
44 CFR
60.3(c)(4)(i)
44 CFR 60.3(C)(5)
MODEL ORDINANCE 6.4
MANUFACTURED HOMES
(1) All manufactured homes to be placed or substantially
improved on sites 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 anchored to an adequately
anchored foundation system to resist flotation, collapse and
lateral movement*.
* If this phrase is applied to all manufactured homes in the
floodplain, then the remaining verbiage is not necessary to
adopt. − It’s applied to all manufactured homes in the NFIP-
ESA Model
44 CFR 60.3(c)(6)
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This applies to manufactured homes:
(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 a site which a manufactured home has
incurred “substantial damage” as the result of a flood; and
(2) 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 36 inches in
height above grade and be securely anchored to an
adequately anchored foundation system to resist flotation,
collapse, and lateral movement.
44 CFR
60.3(c)(6)(i)
44 CFR
60.3(c)(6)(ii)
44 CFR
60.3(c)(6)(iii)
44 CFR
60.3(c)(6)(iv)
44 CFR 60.3(c)(12)
44 CFR
60.3(c)(12)(i)
44 CFR
60.3(c)(12)(ii)
MODEL ORDINANCE 6.5
RECREATIONAL VEHICLES
Recreational vehicles placed on sites are required to either:
(i) Be on the site for fewer than 180 consecutive days, (or)
(ii) 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 have
no permanently attached additions; or
(iii) Meet the requirements of 6.4 above and the elevation
and anchoring requirements for manufactured homes.
44 CFR
60.3(c)(14)(i-iii)
MODEL ORDINANCE 3.5, 7.5.B
AE AND A1-30 ZONES WITH BASE FLOOD
ELEVATIONS BUT NO FLOODWAYS
In areas with base flood elevations (but a regulatory
floodway has not been designated), no new construction,
substantial improvements, or other development (including
fill) shall be permitted within Zones A1-30 and 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.
44 CFR 60.3(c)(10)
Washington NFIP-ESA 24 November 2013
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MODEL ORDINANCE 7.5.A
FLOODWAYS
Located within areas of special flood hazard established in
Section 3.2 are areas designated as floodways. Since the
floodway is an extremely hazardous area due to the velocity
of floodwaters that can carry debris, and increase erosion
potential, the following provisions apply:
(1) Prohibit encroachments, including fill, new construction,
substantial improvements, and other development unless
certification by a registered professional engineer is provided
demonstrating through hydrologic and hydraulic analyses
performed in accordance with standard engineering practice
that the proposed encroachment would not result in any
increase in flood levels during the occurrence of the base
flood discharge.
(2) Construction or reconstruction of residential structures is
prohibited within designated floodways, except for (i)
repairs, reconstruction, or improvements to a structure which
do not increase the ground floor area; and (ii) repairs,
reconstruction or improvements to a structure, the cost of
which does not exceed 50 percent of the market value of the
structure either, (A) before the repair, or reconstruction is
started, or (B) if the structure has been damaged, and is being
restored, before the damage occurred. 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 to structures identified as historic
places, may be excluded in the 50 percent.
44 CFR 60.3(d)
44 CFR 60.3(d)(3)
WAC 173-158-070
Washington NFIP-ESA 25 November 2013
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Communities with Shallow Flooding
CRITERIA & MODEL ORDINANCE REFERENCE A B C D E
FEDERAL
REGULATION
REFERENCE
MODEL ORDINANCE 3.3.B, plus others, as noted
STANDARDS FOR SHALLOW FLOODING
AREAS (AO ZONES)
Section 6.2 − (1) New construction and substantial
improvements of residential structures and manufactured
homes within AO zones shall have the lowest floor (including
basement) elevated above the highest adjacent grade to the
structure, one foot or more above the depth number specified
in feet on the community’s FIRM (at least two feet above the
highest adjacent grade to the structure if no depth number is
specified).
Section 6.3 − (2) New construction and substantial
improvements of nonresidential structures within AO zones
shall either:
(i) Have the lowest floor (including basement) elevated
above the highest adjacent grade of the building site, one
foot or more above the depth number specified on the
FIRM (at least two feet if no depth number is specified); or
(ii) Together with attendant utility and sanitary facilities, be
completely flood proofed to or above that level so that any
space below that level is watertight with walls substantially
impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy. If this
method is used, compliance shall be certified by a
registered professional engineer, or architect as in sections
4.2.D, 4.6, 4.7.A.1.
Sections 5.1.E, 5.2.C − (3) Require adequate drainage paths
around structures on slopes to guide floodwaters around and
away from proposed structures.
Section 6.5 − (4) Recreational vehicles placed on sites within
AO Zones on the community’s FIRM either:
(i) Be on the site for fewer than 180 consecutive days, or
(ii) 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
(iii) Meet the requirements of 5.5(1) and 5.5(3) above and
the anchoring requirements for manufactured homes
(Section 6.4.B).
44 CFR 60.3(c)(7)
44 CFR 60.3(c)(8)
44 CFR
60.3(c)(8)(ii)
44 CFR
60.3(c)(11)
Washington NFIP-ESA 26 November 2013
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Communities with Coastal Velocity (V) Zones
CRITERIA & MODEL ORDINANCE REFERENCE E
FEDERAL
REGULATION
REFERENCE
MODEL ORDINANCE 6.2.G, plus others, as noted
COASTAL HIGH HAZARD AREAS
Located within areas of special flood hazard established in Section 3.2 are
Coastal High Hazard Areas, designated as Zones V1-30, VE and/or V. These
areas have special flood hazards associated with high velocity waters from
surges and, therefore, in addition to meeting all provisions in this ordinance, the
following provisions shall also apply:
1) All new construction and substantial improvements in Zones V1-30 and VE
(V if base flood elevation data is available) on the community’s FIRM shall be
elevated on pilings and columns so that:
i) The bottom of the lowest horizontal structural member of the lowest floor
(excluding the pilings or columns) is elevated one foot or more above the
base flood level; and
ii) The pile or column foundation and structure attached thereto is anchored
to resist flotation, collapse and lateral movement due to the effects of wind
and water loads acting simultaneously on all building components. Wind and
water loading values shall each have a one percent chance of being equaled
or exceeded in any given year (100-year mean recurrence interval).
A registered professional engineer or architect shall develop or review the
structural design, specifications and plans for the construction, and shall certify
that the design and methods of construction to be used are in accordance with
accepted standards of practice for meeting the provisions of Section 6.2.G.6.
Sections 4.2.C, 4.7.A.1 − 2) Obtain the elevation (in relation to mean sea level)
of the bottom of the lowest structural member of the lowest floor (excluding
pilings and columns) of all new and substantially improved structures in Zones
V1-30, VE, and V on the community’s FIRM and whether or not such structures
contain a basement. The (Local Administrator) shall maintain a record of all
such information.
Section 6.2.G.4 − 3) All new construction within Zones V1-30, VE, and V on
the community’s FIRM shall be located landward of the reach of mean high tide.
Breakaway walls are not in the Model Ordinance. There is a note in the
commentary that they are allowed and a reference to Technical Bulletin 9-99. 4)
Provide that all new construction and substantial improvements within Zones
V1-30, VE, and V on the community’s FIRM have the space below the lowest
floor either free of obstruction or constructed with non-supporting breakaway
walls, open wood lattice-work, or insect screening intended to collapse under
wind and water loads without causing collapse, displacement, or other structural
damage to the elevated portion of the building or supporting foundation system.
For the purposes of this section, a breakaway wall shall have a design safe
loading resistance of not less than 10 and no more than 20 pounds per square
foot. Use of breakaway walls which exceed a design safe loading resistance of
20 pounds per square foot (either by design or when so required by local or State
OPTIONAL
PROVISION
44 CFR 60.3(e)(4)
44 CFR
60.3(e)(4)(i)
44 CFR
60.3(e)(4)(ii)
44 CFR 60.3(e)(2)
44 CFR 60.3(e)(3)
44 CFR 60.3(e)(5)
44 CFR
60.3(e)(5)(i)
Washington NFIP-ESA 27 November 2013
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codes) may be permitted only if a registered professional engineer or architect
certifies that the design proposed meets the following conditions:
i) Breakaway wall collapse shall result from water load less than that which
would occur during the base flood; and
ii) The elevated portion of the building and supporting foundation system
shall not be subject to collapse, displacement, or other structural damage due
to the effects of wind and water loads acting simultaneously on all building
components (structural and non-structural). Maximum wind and water
loading values to be used in this determination shall each have a one percent
chance of being equaled or exceeded in any given year (100-year mean
recurrence interval).
If breakaway walls are utilized, such enclosed space shall be useable solely for
parking of vehicles, building access, or storage. Such space shall not be used for
human habitation.
Section 6.2.G.5 − 5) Prohibit the use of fill for structural support of buildings
within Zones V1-30, VE, and V on the community’s FIRM.
Section 5.5 − 6) Prohibit man-made alteration of sand dunes within Zones V1-
30, VE, and V on the community’s FIRM which would increase potential flood
damage.
Sections 6.4. 6.2.G − 7) All manufactured homes to be placed or substantially
improved within Zones V1-30, V, and VE on the community's FIRM 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;
shall meet the standards of paragraphs (1) through (6) of this section and
manufactured homes placed or substantially improved on other sites in an
existing manufactured home park or subdivision within Zones V1-30, V, and VE
on the FIRM shall meet the requirements of Section 6.4.
Section 6.5 − 8) Recreational vehicles placed on sites within Zones V1-30, V,
and VE on the community’s FIRM either:
i) Be on the site for fewer than 180 consecutive days, or
ii) Be fully licensed and ready for highway use, on its wheels or jacking
system, attached to the site only by quick disconnect type utilities and
security devices, and have no permanently attached additions; or
iii) Meet the requirements of Section 4.1 and paragraphs 1) through 6) of
this section.
44 CFR 60.3(e)(6)
44 CFR 60.3(e)(7)
44 CFR
60.3(e)(8)(i-iv)
44 CFR
60.3(e)(9)(i-iii)
Washington NFIP-ESA 28 November 2013
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Definitions
CRITERIA & MODEL ORDINANCE REFERENCE
INCLUDED
IN ORD:
Yes No
FEDERAL
REGULATION
REFERENCE
44 CFR 59.1
AREA OF SPECIAL FLOOD HAZARD: is the land in the flood plain
within a community subject to a one percent or greater chance of
flooding in any given year. Designation on maps always includes
the letters A or V.
BASE FLOOD: the flood having a 1% chance of being equaled or
exceeded in any given year (also referred to as the “100-year
flood”). Designated on Flood Insurance Rate Maps by the letters
A or V.
BASEMENT: means any area of the building having its floor sub-
grade (below ground level) on all sides.
CRITICAL FACILITY: means a facility for which even a slight
chance of flooding might be too great. Critical facilities include
(but are not limited to) schools, nursing homes, hospitals, police,
fire and emergency response installations, and installations which
produce, use, or store hazardous materials or hazardous waste.
DEVELOPMENT: means any man-made 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 located within the area of special flood hazard.
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 and/or
2) The unusual and rapid accumulation of runoff of surface waters
from any source.
FLOOD INSURANCE RATE MAP (FIRM): means the official map
on which the Federal Insurance Administration has delineated both
the areas of special flood hazards and the risk premium zones
applicable to the community.
FLOOD INSURANCE STUDY (FIS): means the official report
provided by the Federal Insurance Administration that includes
flood profiles, the Flood Insurance Rate Maps, and the water
surface elevation of the base flood.
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 one foot.
LOWEST FLOOR: means the lowest floor of the lowest enclosed
area (including basement). An unfinished or flood resistant
enclosure, usable solely for parking of vehicles, building access, or
Washington NFIP-ESA 29 November 2013
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storage in an area other than a basement area, is not considered a
building’s lowest floor, provided that such enclosure is not built so
as to render the structure in violation of the applicable non-
elevation design requirements of this ordinance found at Section
6.2.F, (i.e. provided there are adequate flood ventilation openings).
MANUFACTURED HOME: means a structure, transportable in one
or more sections, which is built on a permanent chassis and is
designed for use with or without a permanent foundation when
attached to the required utilities. The term “manufactured home”
does not include a “recreational vehicle.”
MANUFACTURED HOME PARK OR SUBDIVISION: means a parcel
(or contiguous parcels) of land divided into two or more
manufactured home lots for rent or sale.
NEW CONSTRUCTION: means structures for which the “start of
construction” commenced on or after the effective date of this
ordinance.
RECREATIONAL VEHICLE: means a vehicle,
1) Built on a single chassis;
2) 400 square feet or less when measured at the largest horizontal
projection;
3) Designed to be self-propelled or permanently towable by a
light duty truck; and
4) Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or
seasonal use.
START OF CONSTRUCTION: includes substantial improvement,
and means the date the building permit was issued, provided the
actual start of construction, repair, reconstruction, placement or
other improvement was within 180 days of the permit date. The
actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or
any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or
foundations or the erection of temporary forms; nor does it include
the installation on the property of accessory buildings, such as
garages or sheds not occupied as dwelling units or not part of the
main structure. For a substantial improvement, the actual start of
construction means the first alteration of any wall, ceiling, floor, or
other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
STRUCTURE: a walled and roofed building, including a gas or
liquid storage tank that is principally above ground.
Washington NFIP-ESA 30 November 2013
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SUBSTANTIAL DAMAGE: means damage of any origin sustained
by a structure whereby the cost of restoring the structure to its
before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT: means any repair, reconstruction,
or improvement of a structure, the cost of which equals or exceeds
50 percent of the market value of the structure either:
1) Before the improvement or repair is started; or
2) If the structure has been damaged and is being restored, before
the damage occurred. For the purposes of this definition
“substantial improvement” is considered to occur when the
first alteration of any wall, ceiling, floor, or other structural
part of the building commences, whether or not that alteration
affects the external dimensions of the structure.
The term can exclude:
1) Any project for improvement of a structure to correct pre-cited
existing violations of state or local health, sanitary, or safety
code specifications which have been previously identified by
the local code enforcement official and which are the
minimum necessary to assure safe living conditions, or
2) Any alteration of a structure listed on the National Register of
Historic Places or a State Inventory of Historic Places.
VARIANCE: means a grant of relief from the requirements of this
ordinance that permits construction in a manner that would
otherwise be prohibited by this ordinance.
Washington NFIP-ESA 31 November 2013
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Submittal Procedures
A community wishing to use the Washington NFIP-ESA Checklist demonstrate compliance with the
performance standards of the NFIP Biological Opinion, should submit package to:
FEMA Region X
Mitigation Division
NFIP/ESA Compliance
130 228th Street SW
Bothell, Washington 98021
Included in the package should be:
• An annotated copy of the checklist identifying the appropriate ordinance, processes, or
written procedures in column
• A copy of any of the referenced sections of ordinances, processes, or written procedures
• A copy of any supporting documentation referenced in the submittal materials (i.e. Best
Available Science).
• A copy of any maps to support the documentation (GIS files are preferred).
For more information please visit our website at:
www.fema.gov/regionx/nfipesa.shtm
City of Arlington
Council Agenda Bill
Item:
WS #2
Attachment
B
COUNCIL MEETING DATE:
June 9, 2014
SUBJECT:
Beer/Wine Tasting for Art in the Park Event
ATTACHMENTS:
Minutes from PARC meetings discussing proposal
DEPARTMENT OF ORIGIN
Administration
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Arlington Arts Council wants to grow their event, Art in Park, scheduled for Sept 13-14.
They would like to include beer and wine tasting by local breweries and wineries. To
allow for this in an Arlington Park, the city would need to re-vise the no-alcohol in
parks ordinance. PARC has recommend that City Council allow been and wine tasting
only events in conjunction with approved special events in Legion Park only,
sponsored by non-profits during the hours of noon and 10PM.
HISTORY:
AAC president Sarah Arney proposed the idea to the PARC Commission. PARC
discussed the proposal in several meetings this year. During the April 22, 2014 PARC
meeting, Commissioners voted to recommend to City Council to allow the beer and
wine tasting events.
ALTERNATIVES
Deny request.
RECOMMENDED MOTION:
Discussion only.
DRAFT
Page 1 of 2
City Council Chambers
110 East Third Street
January 28, 2014 6:00PM
Commissioners in Attendance: Brittany Kleinman, Tiffany McAuslan, Rob Ruth, Jenny
Nelson, Bob Leonard, Vanessa Peterson (arriving at 6:10), Carsten Mullin (arriving at 6:17)
Commissioners Absent:
Staff Present: Sarah Lopez – Recreation Manager, Kristin Banfield - Assistant City
Administrator, Marilyn Oertle – Councilmember, Dale Carman-Airport and M&O manager
Visitors: Sarah Arney -Arlington Arts Council, and Josie Mach.
Commission Vice Chair Kleinman called the meeting to order at 6:04PM. Introductions followed.
Approval of 11-26-2013 PARC Minutes
Commissioner Leonard moved to approve the minutes of November 26, 2013.
Commissioner McAuslan seconded the motion which passed with a 5-0 vote.
Public Art Proposal- Tree Sculpture
Sarah Lopez reviewed the process for public art proposals with the commission, stating that
the Public Art Committee reviewed and recommended the piece. Sarah L. introduced the
Tree sculpture and distributed photos of the marque and the artist’s local works in Camano
Island and Lake Stevens. Sarah Arney described the piece further. Discussion followed
including questions about set back and safety. Commissioner Leonard stated that he would
want the city engineer to approve design. Commissioner Nelson motioned to recommend
acceptance of public art piece, McAuslan seconded. Motion passed with a 7-0 vote.
Request for Special Event with Beer/Wine Garden, AAC
The City received a request from the Arlington Arts Council to allow for beer and wine
garden during their annual Art in the Park event in Sept in Legion Park. Kristin Banfield
explained that to allow alcohol, the city would need to amend the park ordinances to include
special event beer and wine gardens. Kristin encouraged the commissioners to talk to their
communities about their feelings on the subject. Discussion followed including examples
from other cities, Snohomish county experience (from Bob Leonard), what the culture is of
Arlington, and concerns of security, control, etc. Sarah Arney explained that the goal for
including a beer/wine garden to the Art event would be to grow the event and encourage
more people to come to downtown Arlington and enjoy an outdoor concert with the art
show. The topic will be discussed further at the next PARC meeting.
Minutes of the Arlington
Parks, Arts, and Recreation
Commission / Tree Board Meeting
Minutes of the City of Arlington PARC & Tree Meeting DRAFT November 26, 2013
Page 2 of 2
Update on Concrete Art Stamps for 67th Ave. Plaza
Sarah Lopez presented four flower stamps that will go into the colored concrete plaza at 67th
Avenue, along with 3 of the winning Haiku poems from the Eagle Festival contest.
Eagle Festival
Sarah Lopez gave an overview of the Eagle Festival events happening January 31 and
February 1.
Other Business
Arlington Drug Taskforce: Commissioner McAuslan explained that there is a new community
group forming to communicate about the drug issues the community is facing. There was a
community meeting at the High School in December, since then there has been a planning
meeting, and now weekly meetings every Tuesday at 6pm. There will be a community meeting
March 26 that Commissioner McAuslan will inform the Commissioners of. Kristin Banfield
stated that this is part of a larger countywide effort.
Country Charm picnic tables: Commissioner Ruth informed staff that there are wood picnic
tables at County Charm that are in need of repair and should be removed and stored. Dale
Carman will work on this.
Commissioner McAuslan motioned to adjourn meeting, Commissioner Mullin seconded. The
meeting was adjourned at 7:06 PM.
______________________________________________
Sarah Lopez
DRAFT
Page 1 of 2
City Council Chambers
110 East Third Street
March 25, 2014 6:00PM
Commissioners in Attendance: Brittany Kleinman, Tiffany McAuslan, Bob Leonard, Carsten
Mullin; Jenny Nelson, Vanessa Peterson,
Commissioners Absent: Rob Ruth
Staff Present: Sarah Lopez – Recreation Manager, Troy Davis - Planner, Marilyn Oertle - City
Councilmember
Visitors: Sarah Cone and Sarah Arney-AAC
Chairman Mullin called the meeting to order at 6:00PM.
Approval of 2-25-2014 PARC Minutes
Commissioner Kleinman moved to approve the minutes of Feb. 25, 2014 meeting.
Commissioner McAuslan seconded the motion which passed with a 6-0 vote.
Commission Terms
Commissioners Leonard and Mullin both have terms expiring April 1, 2014. Commissioner
Mullin has chosen not to renew; he is busy with growing kids and their sports activities. He
thanked the city for the opportunity. Commissioner Leonard stated he would like to remain
on the commission. Nominations for Chair will be held at the April PARC meeting. At that
time, Sarah Cone was introduced as an applicant for PARC.
Arbor Day Event
Arbor Day will be held on Saturday, April 12th at Country Charm Park and Conservation
area. The city is partnering with Stillaguamish Tribe and Sound Salmon Solutions to host
the event. PARC members are encouraged to attend and could have a booth if interested.
Flyers were distributed.
Comprehensive Plan Update
Troy Davis, City Planner, distributed the Department of Commerce Comprehensive Plan
Checklist and WAC 365-196-440 regarding requirements for Parks and Recreation Element
to the Comprehensive Plan. Davis gave an overview of the Comp Plan Update. A
consultant has been hired to help accomplish the update. The parks element needs to be
updated and PARC will have until late fall 2014 to complete this.
Minutes of the Arlington
Parks, Arts, and Recreation
Commission / Tree Board Meeting
Minutes of the City of Arlington PARC & Tree Meeting DRAFT November 26, 2013
Page 2 of 2
PARC discussed the next steps and have the following outline:
• April meeting: Review and discuss Goals
• May: Schedule Park Tour and have an additional meeting for Comp Plan
• Sarah Lopez will send copies of the Parks master plan with notes to the
commissioners
• Commissioners should think of survey questions for public input
Beer/Wine Garden Discussion
Sarah Arney continued the conversation from the January meeting regarding the Arlington
Arts Council providing beer and wine during the annual Art in the Park event. The vision
from AAC was to upgrade their event and make it more festive with an extra attraction and
to support local breweries and wineries. They feel that a small scale tasting event would be
appropriate this year and are seeking the City ordinance to be changed to allow alcohol in
the parks for non-profit beer/wine gardens. Discussion followed with questions about
regulations and how the ordinance could be drafted to only allow non-profits in certain
parks. Sarah Lopez will check with City attorney to see how the ordinance could be drafted.
Park Maintenance Report
Copies of the March Parks Department monthly report were reviewed. Commissioners
appreciated the report and work that was being done.
Other Business
“Rooted Embrace” tree sculpture will be installed approximately June 14-24.
Commissioner Kleinman motioned to adjourn meeting. The meeting was adjourned at 7:00 PM.
______________________________________________
Sarah Lopez
DRAFT
Page 1 of 2
City Council Chambers
110 East Third Street
April 22, 2014 6:00PM
Commissioners in Attendance: Brittany Kleinman, Tiffany McAuslan, Bob Leonard, Jenny
Nelson, Rob Ruth, Sarah Cone
Commissioners Absent: Vanessa Peterson
Staff Present: Sarah Lopez – Recreation Manager, Marilyn Oertle - City Councilmember
Visitors: Sarah Arney-AAC
Vice Chairman Kleinman called the meeting to order at 6:00PM.
Approval of 3-25-2014 PARC Minutes
Commissioner McAuslan moved to approve the minutes of March 25, 2014 meeting. Motion
was passed with a 6-0 vote.
Nominations for Chair
Discussion about the role of the Chairperson. Commissioner Leonard moved to nominate
Brittany Kleinman to the Chair. Commissioner McAuslan seconded nomination. The
Commission voted to elect Kleinman as chair with a 6-0 vote. Commissioner Nelson
nominated Tiffany McAuslan for Vice Chair, Commissioner Ruth seconded nomination. The
Commission voted to elect McAuslan as Vice Chair with a 6-0 vote.
Discussion of Beer and Wine Garden Proposal from AAC
Commissioners continued the discussion of whether to allow beer and wine consumption
(beer gardens/wine tastings) in parks during special events. Examples of ordinances from
other cities allowing beer and wine gardens were reviewed. With much consideration, the
Commission agreed to recommend allowing beer and wine tasting only events in
conjunction with approved special events in Legion Park only, sponsored by nonprofits
during the hours of noon and 10PM. Commissioner McAuslan moved to recommend the
allowance of alcohol under these premises, Commissioner Nelson seconded and passed
with a 6-0 vote.
Arbor Day Event, Easter Egg Event
Commissioner Nelson gave a review of the Arbor Day event at Country Charm Park, which
was well attended. Commissioner Ruth expressed concern about the picnic tables at the
park, which most are in poor condition. Sarah Lopez gave a report on the Easter Egg Hunt.
Minutes of the Arlington
Parks, Arts, and Recreation
Commission / Tree Board Meeting
Minutes of the City of Arlington PARC & Tree Meeting DRAFT April 22, 2014
Page 2 of 2
Park Master Plan
The Commissioners reviewed the existing goals and mission statement. Commissioner
Cone had suggestions on how to rewrite the mission statement. She and Commissioner
Leonard will work together to create a draft mission statement for review at the next
meeting. Commissioners are encouraged to review and make notes on the goals and
survey questions.
Meeting Dates for May
May 20, 6PM Tour meet in City Hall Parking Lot. RSVP Sarah Lopez if you can’t make it.
May 27, 6PM Master Plan meeting
Park Maintenance Report
Copies of the April Park Maintenance report were reviewed.
Other Business
None.
Commissioner Ruth motioned to adjourn meeting. The meeting was adjourned at 8:00 PM.
______________________________________________
Sarah Lopez
City of Arlington
Council Agenda Bill
Item:
WS #3
Attachment
C
COUNCIL MEETING DATE:
June 9, 2014
SUBJECT:
Amendment to Gambling Tax Ordinance and Resolution re Acceptance of Rotary Club
Donation in Lieu of Gambling Tax
ATTACHMENTS:
- Ordinance Amending Gambling Tax Provisions of AMC
- Resolution re waiver of Gambling Tax
DEPARTMENT OF ORIGIN
Legal—Steve Peiffle; Community Development—Paul Ellis
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Council is asked to (1) adopt an amendment to the gambling tax ordinance exempting
raffles when conducted by a nonprofit entity; and (2) adopt a resolution accepting the
Haller Park improvements by the Rotary Club in lieu of receiving any gambling tax
otherwise payable.
HISTORY:
The City has an ordinance assessing gambling tax on raffles when the net proceeds
exceed $10,000. In 2013 the Rotary’s net proceeds from the raffles exceeded $75,000 and
would theoretically have generated $1,500 in gambling tax revenues, which would have
been spent under state law primarily for public safety purposes.
The Rotary Club is currently involved in financing and constructing the improvements
at Haller Park, a donation worth approximately $115,000.
ALTERNATIVES
Make no change to the ordinance, or increase exempt levels; assess the tax.
RECOMMENDED MOTION:
Discussion only at the workshop meeting
ORDINANCE NO. 1474 1
ORDINANCE NO. 2014--XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING ARLINGTON MUNICIPAL CODE CHAPTER 3.32
REGARDING GAMBLING TAXES PERTAINING TO BINGO AND RAFFLES
WHEN CONDUCTED BY NONPROFIT ENTITIES
WHEREAS, the City of Arlington, Washington has the authority to enact laws to tax
certain activities occurring within the City; and
WHEREAS, the City Council believes it is in the best interests of its citizens to amend
the gambling tax provisions of the City code as it relates to bingo and raffles;
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as
follows:
Section 1. Arlington Municipal Code section 3.32.050 shall be amended to read as
follows:
3.32.030 Tax on bingo, raffles and amusement games.
There is levied upon and shall be collected from and paid as hereinafter
provided by every person, association, or organization conducting, as authorized
pursuant to RCW Chapter 9.46 and this chapter:
(1) Bingo: a tax in the amount of five percent of the gross receipts
received less the amount paid for or as prizes (net receipts);
(2) Raffles: a tax in the amount of five percent of the gross receipts
received less the amount paid for or as prizes (net receipts);
(3) Amusement games: a tax of two percent of the gross receipts less
the amount paid for or as prizes (net receipts);
provided, however, that under the authority of this chapter, no tax shall be
imposed on bingo or amusement games when such activities, or any combination
thereof, are conducted by any bona fide charitable or nonprofit organization as
defined in RCW 9.46.0209, as now or hereafter amended, which organization has
not paid operating or management personnel and had gross income from bingo or
amusement games, or any combination thereof, not exceeding five thousand
dollars per year, less the amount paid for prizes; and, provided further, that under
the authority of this chapter, no local tax shall be imposed on raffles when
conducted by any bona fide charitable or nonprofit organization, as defined in
RCW 9.46.0209, as now or hereafter amended, which organization had gross
ORDINANCE NO. 2014-XXX 2
income from the raffle not exceeding ten thousand dollars per year, less the
amount paid for prizes; and, provided further, that activities carried out by public
or private schools or by organizations sponsored by or related to public or private
schools, including parent organizations and student body organizations shall be
exempt from the provisions of this section when the proceeds of such activities
are applied for the benefit of any such school, or school-sponsored or school-
related organization.
Section 2. 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 3. Effective Date. This ordinance shall be effective five days from its adoption
and publication as required by law.
PASSED BY the City Council and APPROVED by the Mayor this _____ day of
_______________, 2014.
CITY OF ARLINGTON
Barbara Tolbert, Mayor
Attest:
Kristin Banfield, City Clerk
Approved as to form:
Steven J. Peiffle
City Attorney
RESOLUTION NO. 2014-XXX 1
RESOLUTION NO. 2014-XXX
A RESOLUTION OF THE CITY COUNCIL OF ARLINGTON, WASHINGTON,
REGARDING RAFFLE TAX FOR THE ARLINGTON ROTARY CLUB
WHEREAS, the Rotary Club of Arlington, WA (“Rotary Club”) is an established fixture
in the Arlington community, and has long played a role in civic life; and
WHEREAS, the Rotary Club is well known for its conduct of its “Duck Dash” raffle, the
proceeds of which are used for programs and improvements in the Arlington community; and
WHEREAS, the Rotary Club helps to “pitch in” with projects which the City might
undertake if the City had additional funding; and
WHEREAS, in 2013, the Rotary Club conducted a very successful “Duck Dash”
campaign, raising funds for a project that ordinarily would have been a city capital project, the
construction of new park facilities at Haller Park, which project has an estimated cost of
$115,000; and
WHEREAS, the City has never collected a raffle tax from any nonprofit organization,
including but not limited to the Rotary Club; and
WHEREAS, the City is amending its ordinance to adjust the ordinance to make clear that
nonprofit organizations are exempt from raffle tax; and
WHEREAS, the City wishes to recognize the Haller Park donation and to waive any
raffle tax which the City might be entitled to collect from the 2013 or prior Duck Dash raffles;
NOW, THEREFORE, THE CITY COUNCIL OF ARLINGTON, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
Section 1. The City Council hereby finds as follows:
a. The 2013 Duck Dash raised over $75,000 in gross sales of raffle tickets, with
expenses and net prizes of approximately $44,000.
b. The city’s ordinance, which has never previously been enforced against any
nonprofit entity, would ordinarily have assessed a tax of approximately $1,550.00,
representing 5% of the net proceeds.
c. RCW 9.46.113 requires that the City must “use the revenue from such tax
primarily for the purpose of public safety”.
RESOLUTION NO. 2014-XXX 2
d. As interpreted by the courts, this phrase has been interpreted to mean that
gambling taxes must be used in the first instance for public safety and then for
additional public purposes.
e. The City Council finds that the Rotary Club’s proposed Haller Park donation
serves the public safety:
1. By making the park more user-friendly, thereby reducing the transient
population and thereby reducing minor crime; and
2. By making the park equipment itself more user-friendly and safer by
modernizing the equipment and ensuring a safer installation, thereby
reducing potential injury.
f. The City Council also finds that the Rotary Club’s intended donation of $115,000
of playground equipment is being used primarily for public safety and is superior
to the receipt of any gambling tax funds from the proceeds of the raffle.
Section 2. The City Council hereby waives the right to receive any gambling or raffle taxes
owing from the Arlington Rotary Club, in exchange for the Arlington Rotary Club’s Haller Park
Project donation to the City.
APPROVED by the Mayor and City Council of the City of Arlington this 17th day of
March, 2014.
CITY OF ARLINGTON
____________________________________
Barbara Tolbert, Mayor
ATTEST:
_________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
__________________________________
Steven J. Peiffle, City Attorney
City of Arlington
Council Agenda Bill
Item:
WS #4
Attachment
D
COUNCIL MEETING DATE:
June 9, 2014
SUBJECT:
Dedication of a local field name for Arlington Municipal Airport as “Major Wesley
Duane Schierman Memorial Field”
ATTACHMENTS:
NONE
DEPARTMENT OF ORIGIN
Airport
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
This item involves a request from the Black Jack Squadron to dedicate a local field
name for the airport in memory of Wes Schierman. The renaming would read:
MAJOR WESLEY DUANE SCHIERMAN MEMORIAL FIELD
(SCHIERMAN FIELD)
AT
ARLINGTON MUNICIPAL AIRPORT
This would not be a formal name change of the airport and would not be recognized
by the FAA. The airport designator will not change. The only item required by the
FAA would be a signed letter from the mayor stating that the field name is supported
by the city. The mayor is in support of the Black Jack Squadron’s request. The FAA
will coordinate the field dedication with the State Historic Preservation Office as they
have also requested a copy of the letter.
HISTORY:
Wesley (Wes) Duane Schierman was a part of the Arlington airport community, an
EAA builder of two airplanes, and one of three founders in 1990 of the Black Jack
Squadron. The Black Jack Squadron is a formation flight demonstration team, whose
hallmark has become voluntarily flying Missing Man missions for fallen Northwest
area veterans. Retiring as a commercial pilot for Northwest Airlines flying Boeing
747’s, Wes also was a 7 ½ year prisoner-of-war from the Vietnam conflict. At his
memorial at the Boeing Museum of Flight, Mr. Schierman was lauded as one of the
four strongest leaders of those 400+ men residing at the Hanoi Hilton.
The Black Jack Squadron has suggested memorializing Wes by adding his name to
the airport, similar to the renaming of Renton Municipal Airport several years ago in
the name of Clayton Scott.
In nine locations around the airport are historical signs describing the airport’s past as
a WWII Naval Air Station. Currently being planned is an additional sign and bench
in the grass area next to the west ramp and adjacent to the airport’s flag pole. Mr.
Schierman’s contributions to the airport, community and nation will be placed on the
signage. The Black Jack Squadron would like to re-dedicate the field in Wes’ name
during the Fly-In, in July.
ALTERNATIVES
NONE
RECOMMENDED MOTION:
Discussion only.
City of Arlington
Council Agenda Bill
Item:
WS #5
Attachment
E
COUNCIL MEETING DATE:
June 9, 2014
SUBJECT:
Extension of the Airport Use Agreement with the Military Department
ATTACHMENTS:
Memorandum of Understanding (MOU)
DEPARTMENT OF ORIGIN
Community & Economic Development
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
The MOU provides the military department a staging area at the airport in the event of
an emergency. The size and location are identified in Exhibit “A” and is limited to
about 25 acres of space. There is no cost to the military; however, we require restoration
of any areas used.
HISTORY:
The City of Arlington has had an MOU with the military department since September
22, 2010, which was for four years. The extension will be for five years, and begin on
June 30, 2014, and expire July 31, 2019.
ALTERNATIVES
NONE
RECOMMENDED MOTION:
NONE
Staging Area Use Page 1 of 5 City of Arlington, U14-XXX
Military Department #U14-XXX
MEMORANDUM OF UNDERSTANDING
STAGING AREA USE
Washington Military Department AND Owner: City of Arlington
Emergency Management Division Address: 18204 59th Dr NE
Building #20, M.S. TA-20 City, State, Zip: Arlington Municipal Airport
(AWO), Arlington, WA 98223-8701
Camp Murray, WA 98430-5122
(253) 512-7055; FAX: (253) 512-7207 (360) 403-4603 FAX: (360) 435-1012
Contact Person: Mark Douglas Contact Person: Paul Ellis
E-mail : mark.douglas@mil.wa.gov E-mail : pellis@arlingtonwa.gov
Beginning Date: Upon Execution Expiration Date: 31 July 2019
Land Use Cost: $ xx.xx per Day Building(s) Use Cost: $ xx.xx per Day
Total Daily Cost: $ xxx.xx per Day 14 Day Activation Cost (xx Acres & xxxxxx): $x,xxx.xx
I. PURPOSE
A. This Memorandum of Understanding (MOU) is made and entered into by and
between the State of Washington, through the Washington State Military
Department, Emergency Management Division (hereinafter referred to as the
“Department”), and the City of Arlington, a political subdivision of the State of
Washington (hereinafter referred to as “Owner”), owner of the property described in
Exhibit A attached to this MOU (hereinafter referred to as the “Property”). The
Department desires to obtain permission from the Owner to use the Property as
necessary for a State Staging Area for emergency or disaster preparation, response
and recovery activities as described herein.
B. An emergency or disaster often results in a significant response of personnel and
equipment. Staging Areas are needed for receiving, staging, repackaging and
distributing lifesaving and life sustaining commodities, including but not limited to,
water, food, ice and generators, in response to resource shortages. Large quantities
of resources may be brought into the state or relocated within a geographic region
within the state to satisfy these needs. Past disasters throughout the United States
have proven that pre-planned staging areas contribute to the efficient receipt,
sorting, storage, and distribution of resources until normal distribution channels are
restored. Past practice has also demonstrated that preparation contributes to
effective response and recovery activities.
C. In consideration of the mutual covenants and promises contained below, the
sufficiency of which is acknowledged, the Owner and the Department agree to the
terms contained herein.
II. AUTHORITY
The Department has authority to enter into this MOU pursuant to RCW 38.52.005, RCW
38.52.020, RCW 38.52.030 and RCW 38.52.050. The Owner has authority to enter into this
MOU pursuant to RCW 14.08.120, and RCW 38.52.020.
Staging Area Use Page 2 of 5 City of Arlington, U14-XXX
III. OBLIGATIONS OF THE OWNER
A. The Owner agrees to allow the Department to use the Property as a Staging Area for
emergency or disaster preparation, response and recovery activities as described
herein; provided, however, that use of the Property after receipt of the Department’s
notification of intent to activate the Property as a Staging Area is subject to the
following:
1. The parties reach agreement regarding the extent of the intended use of the
Property, as described in Exhibit A and attached hereto, and the terms for
payment by the Department of reasonable costs for use of the Property, if any,
as described in Exhibit B and attached hereto; and
2. The Owner may elect to refuse the Department access to the Property for use as
a Staging Area due to unavailability, damage, conflict with commercial interest,
or any other condition that renders the site unsuitable for Staging Area
operations. Any such denial of access will not operate to terminate this MOU or
otherwise apply to future notifications of intent to activate the Property as a
Staging Area.
B. If the Owner has agreed to allow the Department to activate the Property for use as a
Staging Area, the Owner will ensure that the Department has access to the Property
twenty-four (24) hours per day, seven (7) days per week during the period of that
activation. The Owner will supply the Department with two (2) copies of all pertinent
keys to the Property, and all pertinent access security codes.
C. If the Owner has agreed to allow the Department to activate the Property for use as a
Staging Area, the Owner will ensure that the Property is in good repair and all utilities
are in good working order.
D. If the Owner has agreed to allow the Department to activate the Property for use as a
Staging Area, and if the parties have identified costs for use of the Property in
attached Exhibit B, the Owner will submit monthly signed, approved invoice vouchers
(state form A-19) that identify and document the charges billed in accordance with
Exhibit B. These invoices should be submitted to Washington Military Department,
Attention: Accounts Payable at Building 1, Camp Murray, WA 98430. A-19 forms
will be available from the State Staging Area Manager on site and should include
reference to this MOU by number.
E. If the Owner has agreed to allow the Department to activate the Property for use as a
Staging Area, the Owner will allow the Department to erect temporary facilities,
utilities, telecommunications lines, security measures, make reasonable alterations
as needed and other temporary measures necessary to operate the Staging Area, at
the Department’s expense.
F. If the Owner has agreed to allow the Department to activate the Property for use as a
Staging Area, the Owner will cooperate with the Department’s reasonable efforts
during de-activation to repair and/or restore the Property to substantially the same
condition as it existed at the time of initial occupancy, at the Department’s expense,
reasonable wear and tear excepted. If the Owner is dissatisfied with the
Department’s efforts, the Owner may submit a written request for repairs to the
Washington Military Department, State EOC Logistics Section, Building 20, MS: TA-
20, Camp Murray, WA 98430-5122. If the Owner is dissatisfied with the response of
the Department, the Owner may file a claim for damages with the Washington State
Office of Financial Management pursuant to applicable state law.
G. In the event the Owner sells or lists the Property for sale, the Owner agrees to notify
the Department immediately.
Staging Area Use Page 3 of 5 City of Arlington, U14-XXX
IV. OBLIGATIONS OF THE DEPARTMENT
A. If the Department desires to activate the Property as a Staging Area for purposes of
emergency or disaster preparation, response or recovery, the Department will notify
the Owner as soon as practicable.
B. The Department’s notification of intent to activate the Property as a Staging Area
shall be in writing, unless impracticable, in which case the Department will provide
oral notice with subsequent written confirmation of notice. The parties understand
that while notification may be provided over seventy-two (72) hours prior to desired
use, due to exigent need for the Property, such notice may also be provided less
than twenty-four (24 hours) prior to desired use. The notice will include a projected
timeline for use of the Property, including a requested start date and hour.
C. After the Department’s notification of intent to activate the Property for use as a
Staging Area, the parties will use their best efforts to reach agreement regarding the
extent of the intended use of the Property and the terms for payment by the
Department of reasonable costs for use of the Property, if any. Such terms will be
described in Exhibit B and attached hereto.
D. If the Owner has agreed to allow the Department to activate the Property for use as a
Staging Area, and if the parties have identified costs for use of the Property in
attached Exhibit B, the Department will reimburse the Owner within thirty (30) days of
receipt of signed, dated, and approved invoice vouchers (state form A-19), based
upon adequate documentation of costs, as applicable and in accordance with Exhibit
B.
E. It is anticipated that the Department’s use of the Property as a Staging Area will
normally be for a period not to exceed 365 days from the Department’s entry on to
the Property.
F. The Department will provide Owner written notice of its intent to vacate the Property
at least seven (7) days in advance.
G. If the Owner has agreed to allow the Department to activate the Property for use as a
Staging Area, the Department will make reasonable efforts during de-activation to
repair and/or restore the Property to substantially the same condition as it existed at
the time of initial occupancy, at the Department’s expense, reasonable wear and tear
excepted. The Owner and Department will cooperate in these efforts. If the Owner
is dissatisfied with the Department’s efforts and submits a written request for repairs
to the Department in accordance with Section III(F), the Department will review and
make a good faith attempt to resolve any such request.
H. The Department will assume financial responsibility for cost of operations, including
building utilities and sanitation required for the Staging Area.
I. The Department will be responsible for the cost of installation, maintenance, and
removal of telecommunication equipment and lines installed for use and in support of
the Staging Area.
J. The Department will be responsible for providing security for the resources,
personnel, and facilities in the Staging Area as necessary; which may include
erecting temporary fencing.
K. The Department retains ownership of all equipment brought by the Department to
the Staging Area for operations.
Staging Area Use Page 4 of 5 City of Arlington, U14-XXX
V. POINTS OF CONTACT
A. Owner’s Point of Contact:
Name:
Title:
Address:
City, State, Zip:
Phone
Cell Phone
Fax
E-mail:
B. Owner’s 24-Hour Property Point of Contact (if different than above):
Name: Tom Cooper
Title: Deputy Fire Chief
Address: 6231 188th St NE
City, State, Zip: Arlington, WA 98223-8706
Phone 360.403.3407
Cell Phone 425.754.0806
Fax 360.403.9267
E-mail: dcarman@arlingtonwa.gov
C. Department’s Point of Contact:
Mark Douglas
Emergency Logistician
Washington State Emergency Management Division
Building 20, MS: TA-20
Camp Murray, WA 98430-5122
Toll free: (800) 562-6108
Desk: (253) 512-7055
Cell: (253) 353-5171
FAX: (253) 512-7200
E-mail: mark.douglas@mil.wa.gov
VI. EFFECTIVE DATE, DURATION AND MODIFICATION
A. The period of performance of this MOU shall commence as of the final dated
signature of the parties to this MOU and end on July 31, 2019, approximately sixty
(60) months from that start date. This MOU may be extended at any time by mutual
written consent of both parties.
B. This MOU may be amended at any time by mutual written amendment to this MOU.
No alteration or variation of the terms of this MOU shall be valid unless made in
writing and signed by the parties hereto, and any oral understanding or agreements
not incorporated herein shall not be binding.
Staging Area Use Page 5 of 5 City of Arlington, U14-XXX
VII. TERMINATION
A. Termination for Convenience. Either party may terminate this MOU by giving no less
than thirty (30) calendar days’ written notice to the other party.
B. Termination for Cause. Either party may terminate this MOU for cause if the other
party fails to comply with any of the terms and conditions of this MOU in a timely and
acceptable manner, including failure to comply with all federal, state, and local health
and safety laws and regulations. The terminating party shall notify the other party in
writing of the need to take corrective action. If the default or violation is not corrected
after ten (10) days or within a reasonable timeframe as determined by the
terminating party, the MOU shall be deemed terminated. The terminating party
reserves the right to suspend all or part of the MOU during investigation of the
alleged compliance breach and pending corrective action by the terminating party or
a decision by the terminating party to terminate the MOU. The rights and remedies
of the parties provided for in this clause shall not be exclusive and are in addition to
any other rights and remedies provided by law.
C. In the event this MOU is terminated, the Department will be given reasonable time
and access to the Property to remove any equipment, cache, supplies or
improvements.
VIII. LEGAL RELATIONS
To the fullest extent permitted by law, each party to this Agreement shall be responsible for
injury to persons or damage to property resulting from negligent acts or omissions on the
part of itself, its employees, agents or officers. Each party shall defend, protect, and hold
harmless the other party from and against all claims, actions, costs, damages, or expenses
of any nature arising out of or incident to that party's negligent performance or failure to
perform this agreement. Neither party assumes any responsibility to the other party for the
consequences of any act or omission of any third party.
IN WITNESS HEREOF, the parties hereto have executed this Memorandum of Understanding the
________ day of __________, 2014.
By: _______________________________________ _________
Barbara Tolbert Date
Mayor
City of Arlington
By: ________________________________________ _________
Bret D. Daugherty, Major General Date
The Adjutant General
Washington Military Department
BOILERPLATE APPROVED AS TO FORM:
________________________________________ _________
Brian E. Buchholz Date
Senior Counsel
Assistant Attorney General
State Staging Area Page 1 of 2 City of Arlington, U14-XXX
Exhibit A
Site Details
Event:
MOU Number: Date:
Site Owner:
Address:
Beginning Date: Estimated Ending Date:
Narrative Description of Area to be Used
Site Map (Area to be Used is Highlighted)
11.5 Acre Area we can use for
equipment, HLZ, or parking/staging
2 Acre area we can use for equipment,
HLZ, or parking/staging
14 Acre Area we can use for
equipment, HLZ, or parking/staging Access Gates
Connection Road
State Staging Area Page 2 of 2 City of Arlington, U14-XXX
Exhibit B
Cost for Site Use as State Staging Area
Event:
MOU Number: Date:
Site Owner:
Address:
Beginning Date: Estimated Ending Date:
A. Utility Costs (Initial appropriate box(es)):
Utility costs, if any, are included in the Cost per Square Foot listed below.
X The following utility costs will be billed for reimbursement by the Department
Sewage Water Electric Gas Garbage Phone
B. Building Costs, If Any:
Building # Square Feet Cost per Sq Ft Total To update totals, right click and select “update field”
0 Current Rate $ 0.00
0 $0.00 $ 0.00
0 $0.00 $ 0.00
Total Building Costs $ 0.00 Right click and select “Update Field” to calculate
C. Ramp Space Costs:
Location Square Feet Cost per Sq Ft Total To update totals, right click and select “update field”
0 Current Rate $ 0.00
0 $0.00 $ 0.00
0 $0.00 $ 0.00
Total Open Space Costs $ 0.00 Right click and select “Update Field” to calculate
D. Cost of Equipment Available for Use, If Any:
Type of Equipment Cost Please calculate equipment costs for the entire estimated operation
i d $0.00
$0.00
$0.00
$0.00
Total Equipment Costs $ 0.00 Right click and select “Update Field” to calculate
E. Other Costs (Explain in Remarks): $0.00 Right click and select “Update Field” to calculate
Grand Total $ 0.00 Right click and select “Update
Field” to calculate
Remarks
Accepted By (Owner): Signature:
Title: Date:
Accepted By (Department): Signature:
Title: Date:
The Owner of the Property certifies that the totals for each category are correct and complete for use of the site by the Department as a Staging Area. Any additional costs
shall be documented and submitted as a claim to be considered for reimbursement.
City of Arlington
Council Agenda Bill
Item:
WS #6
Attachment
F
COUNCIL MEETING DATE:
June 9, 2014
SUBJECT:
2014 Utility Improvement Project Apparent Low Bidder
ATTACHMENTS:
- Bid List from 2014 Bid Opening
DEPARTMENT OF ORIGIN
Public Works – Jim Kelly
EXPENDITURES REQUESTED: $ 1,112,446.51 (Apparent Low Bidder)
BUDGET CATEGORY: Water/Sewer /Storm/ TBD Capital Funds
LEGAL REVIEW:
DESCRIPTION:
The 2014 Utility Improvement Project was recently advertised for construction and bids were
opened on Thursday June 5th, a summary of received bids is on the attached bid list.
Engineers Estimate was $911,856.
HISTORY:
The 2014 Utility Improvements project include replacement and extensions of utilities in
multiple locations throughout the City, including:
• Extend the 24” sewer main in 67th Ave from 204th St to NW Hardwoods
• Completion of 12” sewer main in 172nd St from west of SR-9 round-about to 85th Ave.
• Replacement of 4” water main in Gilman Ave and Alcazar Ave. with a 12” water main
• Replace an undersized storm drain in Talcott St, Gilman Ave, and Alcazar Ave
• Asphalt reconstruction on Gilman St and Alcazar St. (funding approved by the TBD)
ALTERNATIVES
• Reject Bids, re-advertise the project
• Remand to staff for further evaluation
RECOMMENDED MOTION:
No action at this time – discussion/workshop only.
City of Arlington
Council Agenda Bill
Item:
WS #7
Attachment
G
COUNCIL MEETING DATE:
June 9, 2014
SUBJECT:
Increasing the Change Fund in the Community and Economic Development Department
ATTACHMENTS:
Draft Resolution No. 2014-XXX
DEPARTMENT OF ORIGIN
Finance Department, Jim Chase, Finance Director
EXPENDITURES REQUESTED: $100
BUDGET CATEGORY: General Fund
LEGAL REVIEW:
DESCRIPTION:
The Community and Economic Development Department established a change fund in 2013
after moving to the Airport office. Several customers are paying for permits/licenses in cash
therefore requiring the increase from $100 to $200 to the department’s opening change fund.
HISTORY:
ALTERNATIVES
Do not authorize the increase of the Community and Economic Development Change Fund to
$200
RECOMMENDED MOTION:
No action at this time. At the next meeting, the proposed motion will be “I move to adopt the
proposed Resolution increasing the opening change fund amount to $200 for the Community
and Economic Development Department. “
CITY OF ARLINGTON
ARLINGTON, WASHINGTON
RESOLUTION NO. ______________
A RESOLUTION INCREASING THE OPENING CHANGE FUND AMOUNT FOR THE
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT;
WHEREAS, the City Council has determined that a daily opening cash change fund is
required to conduct City operations in the Community and Economic Development Department;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ARLINGTON, WASHINGTON AS FOLLOWS:
The amount to be maintained in the daily opening change fund shall be increased to
$200.00.
PASSED BY THE City Council of the City of Arlington this __________ day of _____
2014.
____________________________________
Barbara Tolbert, Mayor
ATTEST:
__________________________________
Kristin BanfIeld, City Clerk
___________________________________
Steve Peiffle, City Attorney
City of Arlington
Council Agenda Bill
Item:
WS #8
Attachment
H
COUNCIL MEETING DATE:
June 9, 2014
SUBJECT:
Review of 2014 Equipment & Vehicle Purchases and financing options
ATTACHMENTS:
- Memo outlining 2014 Equipment & Vehicle Purchases
- Financing documents from LOCAL program (should we elect to fund through
this program)
DEPARTMENT OF ORIGIN
Administration – Kristin Banfield; Community Development—Paul Ellis; Finance – Jim
Chase
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Council is asked to review the 2014 equipment & vehicle purchases and financing
options. As these were not budgeted for when the 2014 budget was adopted, Council
will be asked to authorize the purchase of the items, which will then be brought back at
the end of the year in an ordinance with all the 2014 budget amendments. The Council
will also be presented with financing options that staff is currently reviewing. A final
recommendation of funding will be made to the Council at the June 16, 2014 meeting.
HISTORY:
With the approval of the levy lid lift by the voters, the City can now move forward on
replacing significantly outdated vehicles and equipment. Directors have been meeting
since last fall to prepare a 15 year Equipment and Vehicle Replacement Plan. This plan
was reviewed by Council at the April 26, 2014 Council Retreat.
ALTERNATIVES
RECOMMENDED MOTION:
Discussion only at the workshop meeting
Memo
Administration
To: Mayor Barb Tolbert
Arlington City Council
From: Kristin Banfield, Assistant City Administrator / City Clerk
Paul Ellis, Airport, Community & Economic Development Director
Jim Chase, Finance Director
Date: June 6, 2014
Subject: 2014 Equipment & Vehicle Replacement
As we shared with the Council at the 2014 Spring Council Retreat, the Directors have
continued to focus on the replacement of vehicles and equipment for 2014 and beyond. We
are now ready to pursue the acquisition of the vehicles and equipment that are needed to
continue providing excellent services to our community. This will be a multi-step process for
the Council with specific actions required for budget amendments and financing for the
equipment and vehicles.
Background on Equipment & Vehicle Replacement Process
The Directors met in the fall after the retreat to review, discuss and analyze the vehicle and
equipment replacement list that had been developed within individual departments. During
the analysis, each department recognized that some equipment and vehicles were not
essential to provision of current services. At this point, each department then took their
individual department lists back to their department to complete a thorough analysis of
equipment and vehicle needs based on current operations.
In December, the Directors returned to the table to review the revised vehicle and
equipment replacement lists to determine full costs of the equipment needs of the City prior
to setting the amount of the levy lid lift. In March, the Directors, Bryan Terry, and Kurt
Patterson joined together to set the list of equipment for funding in the initial three years
and for the years after.
The process undertaken to scrutinize the vehicle and equipment replacement list over the
last six months was collaborative and thorough, with critical questions asked of each
department on the true needs of the City and the department’s operation. The goal met
through the use of this collaborative process was addressing the replacement of critical
vehicles and equipment within the funding parameters, while meeting established service
levels.
Should the list need to be updated or modified for any reason, the Directors, Bryan, and
Kurt will return to the table and work through it together.
2014 Equipment & Vehicles
Through the Equipment and Vehicle Replacement process, a specific list of equipment and
vehicles to be replaced in 2014 was developed. The equipment and vehicles were not
budgeted for in the course of developing the 2014 budget as the replacement was dependent
upon the passage of the levy lid lift by the Arlington voters. With the passage of the levy lid
lift, staff began moving forward with the replacement process.
Staff is recommending the purchase of the following equipment and vehicles in 2014:
Item Cost Funding Source
Police vehicles: 4 Chevrolet
Caprice sedans
$171,385.76 3 financed ($128,539.32)
1 Equipment Replacement
fund ($42,846.44)
Emergency radio system $30,000 Financing ($10,000)
Equipment Replacement fund
($20,000)
Computer replacement: 24
desktop computers, 4 laptops,
4 mobile computers (for PD
cars)
$49,234.72 Financing
TV21 Server $7,571 PEG Capital Fund (Comcast
Franchise)
TOTAL $256,417.44 Financing
$186,000.00
Equipment Replacement fund
$ 62,846.44
PEG Capital (Comcast franchise)
$ 7,571.00
Financing Options:
The City has multiple financing options available at this time. The first is the LOCAL
funding program through the Washington State Treasurer’s Office. The City is awaiting
approval for our borrowing in the program. The program pools all of the financing requests
from all the governmental agencies applying for funding. Should the City be accepted in the
funding program, the Council will be required to approve an ordinance authorizing the
funding and a resolution allowing the city to purchase the equipment now and use the
proceeds of the bonds to reimburse the Equipment Replacement fund for the purchases.
The City could also pursue financing through a bank (loan or line of credit) or a private
lending firm.
Staff will make a final recommendation on the best available financing option available to
the City at the June 16, 2014 Council meeting.
Actions required by Council:
As stated earlier, the Council has a number of actions that it will need to take between now
and December for these purchases to comply with all of the City’s financial policies and
financing requirements. The following list is a brief summary of those actions needed by
Council:
1. Authorize purchase of the 2014 Equipment and Vehicle replacements as presented in
this memo (non-budgeted) from the Equipment Replacement Fund
2. Authorize financing (whichever method selected)
3. Authorize reimbursement of the equipment replacement fund with the use of the
proceeds from financing (whichever method selected)
4. Approve budget amendments (December 2014)
Notice of lntent
State of Washington LOCAL(Local Option CapitalAsset Lending)
Local Government Information
County: Snohomish_
Legal Name: Ç{y pfArln$qn
Contact Person: James W Chase
MCAG No.: Qé5L
Title: Finance Director
Zip: 98223
E-mail: ichase@arlingtonwa.gov
Address: 238 N Olympic Ave. Arlington. WA_
Would you prefer to receive financing documents (check one): ! Aheady have financing documents
X MS Word 6.0 by e-mail 3.5" disk - Word 97 by U.S. mail _ Hard copy by U.S. mail
Property @eal Estate or Equipment)
Property description (include quantity, if applicable): 3 Police PatrolVehi
computer equipment. list attached
Total cost: $ 18éJ00_ Maximum amount to finance: $ 185,235
Finance term: 4Jeatq Useful life: 4_7:çAfq_ Desired financing date: August 2014
Purpose of property (Please be specific and include dept. of use): 3 Police Patrol vehi
(lap top and desk top computersl (All Depts.l ($49.2351. See attached.
If real estate, the Real Estate Worksheet: ! Is attached E Witt be provided by (date) -
If equipment, will the property purchase price be paid with: _ program proceeds or X general funds to be reimbursed
from program proceeds? If general funds are to be used, include a copy of the local agency's reimbursement resolution with
the lìnancing documents.
Security Pledge
! VoteO general obliga
Other Information
tion of local govemment.. X Non-voted general obligation of local government
Approximate population: _ _ (not required for cities and counties).
If any of the following apply, please provide a complete discussion on a separate page:
X Yes n No Does the local government use registered warrants, interfund loans or other cash flow borrowing?
! Yes X No Is the local government aparfy to significant litigation?
X Yes n No Is this a reimbursement? If yes, date funds spent 9SI-Jun920lL
We are not required to submit the Credit Form because
Has local government received a bond rating in the last two years? X Yes n No Bond rating(s): ,{3
(attach rating agency letter)
We are in the process of refinancing the 2007 and 2009 LTGO's and will meet with Standard &Poor's in July to obtain an updated
rating.
By executing this Notice oflntent, the local agency acknowledges, agrees to and accepts its designation and appointment as the agent of
the nominal lessor in connection with the acquisition of the project. By executing this Notice of Intent, the local agency further
acknowledges and agrees that certificate counsel and any other special counsel to the state in connection with the authorization, issuance
and delivery ofthe certificates and the related financing documents shall not be acting, and shall not be deemed to act, as counsel to the
local agency, nor shall any attomey-client relationship exist or be deemed to exist between such counsel and any participating local agency
in connection with such matters.
Submitted by:Title: Finance Director
Date: Møy 27-2014_
I
Signature:
Phone: 360-403-3422 Fax:
Office of the State Treasurer
State of Washington
LOCAL Program
Gredit Form
Please provide the following information so the Office of the State Treasurer (OST) can review the agency's
application to borrow the funds requested in the Notice of Intent. Remember, it is important that all information
be provided. When appropriate, feel free to provide explanatory information.
When OST receives the completed form, you will be notified in writing of acceptance or non-acceptance to
borow through the LOCAL Program.
1) General Information - Please modif, as necessary
(Name of entity) ÇiS o.lArlington. WA is located in Snohomish County. The City is a full service city
providing police, fire, EMS, street improvements, parks and recreation, and administration services to a
population of approximately 18,270 residents living an approximately 8.2 square miles. In addition, the City
operates facilities for providing clean water, sewer treatment, storm water collection and a municipal airport.
Please provide a brief background on the agency, when it was formed, what changes have occurred in service
area and tax base (annexations, mergers, etc.) or changes that have been proposed. Also indicate the form of
governance.
The City of Arlington is a non-charter, code city incorporated in 1903. It operates under a Mayor-Council form
of government. The City currently employs approximately 129 employees. We have reduced the number of
employees by 20 over the past 6 years due to the economic recession. The recession, together with the change
to the streamlined sales tax, caused a25%o reduction in sales tax revenues. In 2013 we began to see an increase
in those revenues.
2) Assessed valuation ofthe agency
Year of tax Collection
(include last 5 vears)
Total assessed value for
resular lew
Reduced assessed value for
excess or bond lew
Current vear s1.816.060.695 0
2013 sl.727.872.80s 0
20t2 $1.822.s09.261 0
2011 s2.019.86s.426 0
2010 s2.237.021.11s 0
2009 $2301.284.267 0
3) Tax Levy and Rate
Provide the levy rate per $1,000 assessed to taxpayers, and the dollar amount of regular levy
Year of
Tax Collection
Regular Levy
Rate per $1,000
Regular Levy
Total $$ Levied
EMS Other Levy
Rate per $1,000
Bond Levy
Rate per $ 1,000
Current Year $1.375 s2,496,863 s0.s0 0
2013 s 1.420 s2,453,331 $0.s0 0
2012 $1.31r $2,390,11',7 $0.50 0
2011 $ 1.169 92,360,662 s0.464 0
2010 $1.034 $2,314,086 s0.410 0
2009 $0.973 s2,239,682 s0.388 0
In April 2014, our voters passed Proposition 1 to increase property taxes from $l.375 to $1.955
per $ I ,000 per of assessed value. This will result in an increase in tax of approx. $ 1,044,000.
4) Outstanding debt
Include the following information on all outstanding debt, including bonds, loans or leases, and any
short-term obligations including registered warrants, interfund loans or loans from the County Treasurer,
if applicable. Also, include any outstanding state loans.
Debt No. I DebtNo.2 Debt No. 3
Description of debt 2004 LTGO 2007 LTGO 2009 LTGO
First payment date t2l|2004 t21112007 t2lt/2009
Last oavment date I2lU20t3 121112013 t21U2009
Voted or non-voted Non-Voted Non-Voted Non-Voted
Amount orisinally borrowed 7.700.000 3,630,000 720.488
Amount currently outstanding 7.700.000 2,825,000 555,976
Annual pavments due 611 and l2ll lnt.6ll and l2l7 6t1 and l2l1
Cash in bond fund. if anv 0 0 0
Fund responsible for repayment General General Airport
Provide information on additional obligations on an attached page. Please see attached Page.
5) Does the applicant have future, additional financing plans? Please discuss anticipated borrowing plans
over the next l8 to 24 months. Be sure to discuss any borrowing that is in process, either here or above.
The city is curently in the process of refinancing the 2004 LTGO and the 2009 LTGO Bonds to take
advantage of the current interest rates. That refinancing should be completed in August 2014.
In early 2015 the city will need to finance the purchase of a Fire Ladder Truck and a Fire Engine. V/e
will most likely apply to the LOCAL Program to finance these items.
In the summer of 2015 the City will purchase nev/ replacement to replace other aging Police vehicles and
other aging computer equipment, similar to this financing.
In 2015 the city will begin to put addition funds into the Equipment Rental Replacement Funds on an
annual basis to finance future equipment needs.
6) Special Purpose Districts only: List facilities and equipment operated by the district, and services provided.
If you are a port, PUD or hospital district, briefly discuss the district's service area and competition.
N/A
7) Briefly discuss any service contracts, including contracts with cities, counties or special purpose districts
within the applicant's boundaries, if any.
8)
The City provides fire and EMS services to Fire District #21. Arlinglon receives about $54,000 annually
for fire protection and FD #21 also provides Arlington a fire engine. Arlington also receives a portion of
their EMS tax revenues. In addition, Arlington has contracts with Fire District's #24 and #25 for EMS
services and receives a large portion of their EMS property taxes for those services. The General Fund
also receives about $759,000 annually for Police and Fire service fees from the Airport Fund due to the
fact that no property taxes are paid on that land. The Airport does charge tenants leasehold excise tax.
The EMS Fund also receives some funding from the Airport Fund.
9) Discuss the applicant's levy rate history. Has the levy rate been reduced because of other taxing district
levies? Are you aware of any potential problems with the municipality's levy rates?
As is previously stated, Arlington's taxpayers recently approved a levy lid lift to increase our general
property tax rate by 5 8 cents per $ I ,000 of assessed value. This tax increase enables us to maintain
staffing and eventually replace worn out police and fire vehicles and electronic equipment, and to more
effectively manage and maintain our parks and recreation and other City facilities.
J
10) Discuss any significant employers or taxpayers in the area. Are you a\ryare of pending closures or changes
in employment or tax base?
We have a variety of business in Arlington which supports the Boeing Company. We also have
manufacturing business not associated with Boeing. One business (Micro Green) has been in the news
recently that turns plastic water bottles into insulated drink cups (employs about 300 people). Several
large companies are now using those cups. WalMart opened a new store here in2012 and employs about
350 people. The economic downturn caused some businesses to reduce in size or close. We are
recovering and are now on the upswing. We are not aware of any current or pending closures or changes
in employment or tax base.
The Cascade Valley Hospital in Arlington is another major employer (450).
11) If a special purpose district or counQr, does the district or county know of any intentions by cities to annex
portions of the district or county? Are there any intentions by residents to de-annex from the district, or
dissolve the district? If a city, are there any annexations plans that will significantly impact the size and
operations of the city?
No plans at this time.
12) Insurance - Please modift as appropriate, the following:
The city will insure the financed property ln a mlnlmum amount equal to the amount outstanding under the
financing contract by means of the Washington Cities Insurance Authority. If other, please specif, method of
insuring the financed properfy.
All of the City's property and equipment are insured through the WCIA.
12) Litigation - Please accept or modifu as appropriate, the following:
There is not now pending or, to the best of my knowledge, threatened, any litigation restraining or enjoining the
execution of the Local Agency Financing Agreement or the levy and collection of taxes to pay the payments
thereunder. The city is party to routine legal proceedings and claims, and the collective impact of these legal
proceedings and claims is not likely to have a material impact on revenues of the city.
13) List number of employees for past three years. Are employees represented by unions or bargaining groups?
If yes, are all contracts in place and are labor relations good or poor? Good
We have bargaining agreements with all 3 unions. (police, fire, AFSCME) Those in management positions
are not in a bargaining unit. The police union contract for 2014 is still in negotiation.
2014 - 129 Toial employees
2013 - 129
2012 - 142
2011 - 144
t4)Financial Operations (include as attachment to credit form)
Please attach copies of the Statement of Revenues and Expenditures and Fund Balance Report for
the General or Operating Fund, for the past five years. Clearly indicate whether or not each year has
been audited. If financial statements are not available for the most recent year, please provide preliminary
numbers (and indicate that they are in process of completion).
If there'was unusual activity in any year (one-time expenditures or revenues), please provide details.
In 2010 we refinanced the 2001 bonds. The 2010 statements shows alarge revenue amount under Other
Financing Sources for the receipt of the proceeds and an increased amount in the Debt Service line in the
Expenditures section for the payoff of the old bonds. [n2009, under Misc. Revenues, shows revenue of
$1,030,195. There was a financial theft by an employee in the Finance Department which occurred over
a number of years. The majority of this line item is the insurance reimbursement from that fraud.
ls)
l6)
As mentioned previously, the voters approved a levy lid lift in April 2014 to increase the property tax
levy rate to $ 1 .95 5 per $ I ,000 of assessed value. In 20 I 3we have the lowest City property tax rate in
Snohomish County. The increase will move us up on that list to being the 5tr' lowest City rate in the
County. Prior to the one percent property tax increase limitation, the City Council did not preserve, or
bank the right to increase properly taxes to the allowable levels. With the recession and, at the same
time, the change to Streamlined Sales Tax, the City began to see annual loss of about $1 million in sales
tax revenues. The increased levy will provide approximately $1,044,000 in additional taxes to the
General Fund. As you can see in the attached Financial Statements, this will help to rebuild our low
Ending Fund Balance to meet our adopted fund balance policy (approx.. $1,850,000) within 10 years.
This will also enable us to also put dollars into the Equipment Rental Replacement Fund to fund future
purchases without additional borrowing.
We will begin to see the increased property tax revenues in 2015.
Basis of Accounting: e,{SH ÈASIS_
Budget- General/Operating Fund (2 years) (INCLUDE AS ATTACHMBNT TO CREDIT FORM)
Please attach the budget summary for the General or Operating fund for the current and past year. Be
sure it includes summary information on revenues and expenditures - do not send the entire budget.
I have included the Budget summary for2014 and projection for 2015 onthe same page as the financial
information for the years 2009 to 2013.
The 2014 Budget Document can be found on the City's website at
http://www.arlingtonwa.gov/index.aspx?page:1 6 1
Provide additional information that you think would be helpful in reviewing the applicant's credit for purposes of
LOCAL Program qualification.
The City is looking to replace aging Police Patrol vehicles. Four will be purchased but only three will be
financed through the LOCAL Program. The vehicles to be replaced are 2002 ro 2004 models with excessive
mileage, each with well over 100,000 miles. Most of the computers to be replaced were originally purchased in
2006 and 2007. We also will be purchasing an emergency radio system with repeaters, antennas and hand held
radios. Only a portion of the radios will be financed through the LOCAL Program.
The information provided above is complete and accurate to the best of my knowledge. I am not aware of any
additional information that would affect the Office of the State Treasurer's review of the municipality.
Date: May 27,2014
Washington State Department of Enterprise Services
Contract #037L3 - Police Vehicles
Dealer:
Bud Clary Chevrolet - Longview, WA
John Slater - Fleet Sales
360-423-1700
o 500 cars in California - varying levels of contract listed options
o Can deliver from that stock in 3-4 weeks
o 2015 model year stafts up in August
o 2OL5 cars willcome from Australia with 4-6 month lead time
o No guarantee how many 2Ot4's will be left in stock by August
Vehicle 530,121.48
County Up Fit 510,089.18 ,
lT Components 51,540.78 - rlot Eotn¿*4 tr5
Graphics SSOO.OO
Paint Doors White 5795.00
Total SqZ,}qA.+q exch
y 4 = $I7L,385.76
CITY OF ARLINGTON - ANNEX 1 - 2014
INFORMATION TECHNOLOGY
Site Location Category Replacement Cost
CITY HALL EXECUTIVE IT - DESKTOP PC 1055.17
CITY HALL FINANCE IT - DESKTOP PC 1055.17
POLICE STATION 2nd FLOOR IT - DESKTOP PC 1055.17
POLICE STATION 1st FLOOR IT - DESKTOP PC 1055.17
POLICE STATION 1st FLOOR IT - DESKTOP PC 1055.17
POLICE STATION 2nd FLOOR IT - DESKTOP PC 1055.17
POLICE STATION 2nd FLOOR IT - DESKTOP PC 1055.17
POLICE STATION 2nd FLOOR - IDF IT - LAPTOP 1627.66
POLICE STATION 1st FLOOR IT - DESKTOP PC 1055.17
CITY HALL EXECUTIVE IT - LAPTOP 1627.66
CITY HALL PERMIT CENTER IT - DESKTOP PC 1055.17
CITY HALL EXECUTIVE IT - LAPTOP 1627.66
FIRE STATION #47 STATION #47 IT - DESKTOP PC 1055.17
AIRPORT AIRPORT OFFICE - 1st FLOOR IT - DESKTOP PC 1055.17
CITY HALL EXECUTIVE IT - DESKTOP PC 1055.17
CITY HALL PERMIT CENTER IT - DESKTOP PC 1055.17
POLICE STATION 1st FLOOR IT - DESKTOP PC 1055.17
POLICE STATION 1st FLOOR IT - DESKTOP PC 1055.17
POLICE STATION 1st FLOOR IT - DESKTOP PC 1055.17
CITY HALL FINANCE IT - DESKTOP PC 1055.17
CITY HALL FINANCE IT - DESKTOP PC 1055.17
FIRE STATION #46 STATION #46 IT - DESKTOP PC 1055.17
POLICE STATION 1st FLOOR IT - DESKTOP PC 1055.17
POLICE STATION 1st FLOOR IT - DESKTOP PC 1055.17
AIRPORT AIRPORT OFFICE - 1st FLOOR IT - DESKTOP PC 1055.17
POLICE STATION 1st FLOOR IT - DESKTOP PC 1055.17
AIRPORT AIRPORT OFFICE - 1st FLOOR IT - LAPTOP 1627.66
AIRPORT AIRPORT OFFICE - 1st FLOOR IT - DESKTOP PC 1055.17
POLICE STATION L66 MOBILE COMPUTER (includes Airlink Modem)4350.00
POLICE STATION L79 MOBILE COMPUTER (includes Airlink Modem)4350.00
POLICE STATION L68 MOBILE COMPUTER (includes Airlink Modem)4350.00
POLICE STATION L77 MOBILE COMPUTER (includes Airlink Modem)4350.00
IT TOTAL $49,234.72
POLICE VEHICLES
Three (3) 2014 Chevrolet Caprice Pursuit Sedans - Purchase via Washington State Contract #03713
up fitted with necessary police equipment package (Light bars, cages, radio antennas, wiring, gun lock,
sirens, etc.), graphics, docking stations and door paint.
POLICE VEHICLES (3) TOTAL $128,539.32
GRAND TOTAL $177,774.04
Radio Svstem Upgrade
History
On January L,2013, the FCC established requirements for radio system users to comply with
narrow banding requirement. This requirement made the radio system that the City has
currently obsolete, forcing the City to apply for a new license and reprogram radios to operate
in this new frequency. Due to the age of our radios, some of those radios are not available to
be reprogrammed.
Research
City staff began looking for alternatives, and assistance with the re-banding requirement. We
reached out to DEM for assistance, and they said they are willing to help with the license
portion of the upgrade. Vendors were contacted regarding equipment replacement. Because
of the narrow banding requirement, the signal doesn't travel as far, and a repeater would need
to be put in place. We contacted Cascade Valley Hospital for permission to place a repeater
and antennae on top of their building. CVH is willing to provide that to the City. We are also
researching placing it at the high school for better coverage.
We identified 29 mobile radios that are not re-programmable. These would need to be
replaced, as well as 10 portables for use in places that a mobile radio is not available. Mobile
radios operate with a 50 watt antenna and have better coverage that a portable that has a 5
watt antenna. The remaining radios that are reprogrammable can be performed in-house at no
additional cost.
iCom, provided a demo for the City on 2 different occasions. They placed a repeater on the
CVH building using both a VHF and UHF antenna. Staff performed a test and had about 90-95%
coverage of the City limits and UGA areas. iCom plans to do a propagation studyto see the
dead spots, but that study has not been performed yet.
Quotes
Western Communications - Kenwood system
50 Watt Repeater, 29 mobile radios, 10 portable radios. 540,820.35 (tax included)
The Sales Group - iCom system
100 Watt Repeater, 29 mobiles, 10 portable radios. 530,932.70 (tax included)
Day Wireless - Motorola system
100 Watt Repeater, 29 mobiles, 10 portable radios 529,t77.68 (tax included)
6
Form of Reimbursement Resolution
Resolution No. _
Section 1. The __[Name of local government/agency]_ (the “Local Agency”) reasonably expects
to reimburse the expenditures described herein with the proceeds of a financing contract to be entered
into by the Local Agency (the “Reimbursement Obligation”).
Section 2. The expenditures with respect to which the Local Agency reasonably expects to be
reimbursed from the proceeds of Reimbursement Obligations are for __[insert general functional
description of the property, project or program, for example, equipment, land and building construction,
acquisition or remodel ]_.
Section 3. The expenditures with respect to which the Local Agency reasonably expects to be
reimbursed from the proceeds of Reimbursement Obligations will be made from ___[insert name of fund
or account from which the expenditure will be made and description of the functional purpose of the
fund, for example, parks and recreation fund--recreational facility capital improvement program]_.
Section 4. The maximum principal amount of Reimbursement Obligations expected to be issued
for the property described in Section 2 is $__ _.
Adopted this __ __ day of __[Month]__, _[Year]_.
Approved:
8
Form of Authorizing Ordinance
Ordinance No. _
Authorization for the acquisition of personal property and execution of a
financing contract and related documentation relating to the acquisition of said
PERSONAL PROPERTY.
WHEREAS, the City/Town of _ __ (the “Local Agency”) has executed a Notice of Intent to the Office of State
Treasurer, in the form attached hereto as Annex 1 (the “NOI”), in relation to the acquisition of and the financing of the
acquisition of the Property, as defined below, under the provisions of RCW ch 39.94; and
WHEREAS, it is deemed necessary and advisable by the _ _ of the Local Agency that the Local Agency
acquire the equipment and/or personal property identified on Annex 1 attached hereto (“Property”); and
WHEREAS, it is deemed necessary and advisable by the _ _ of the Local Agency that the Local Agency enter
into a Local Agency Financing Contract with the Office of the State Treasurer, in the form attached hereto as Annex 2 (the
“Local Agency Financing Contract”), in an amount not to exceed $_ _, plus related financing costs, in order to acquire
the Property and finance the acquisition of the Property;
WHEREAS, the Local Agency will undertake to acquire the Property on behalf of and as agent of the Washington
Finance Officers Association (the “Corporation”) pursuant to the terms of the Local Agency Financing Contract, and in
accordance with all applicable purchasing statutes and regulations applicable to the Local Agency; and
WHEREAS, the Local Agency desires to appoint the individuals set forth in Annex 3 as the representatives of the
Local Agency in connection with the acquisition of the Property and execution of the Local Agency Financing Contract (each
an “Authorized Agency Representative”);
NOW, THEREFORE, BE IT ORDAINED, by the _ _ of the City/Town of _ _ as follows:
Section 1. The individuals holding the offices or positions set forth in Annex 3 are each hereby appointed as a
representative of the Local Agency in connection with the acquisition of the Property and execution of the Local Agency
Financing Contract and all other related documents. A minimum of Authorized Agency Representatives shall be
required to execute any one document in order for it to be considered duly executed on behalf of the Local Agency.
Section 2. The form of the Local Agency Financing Contract attached hereto as Annex 2 is hereby approved and the
Authorized Agency Representatives are hereby authorized and directed to execute and deliver the Local Agency Financing
Contract, in an amount not to exceed $_ _, plus related financing costs, and in substantially the form attached hereto
with such changes as may be approved by the Authorized Representatives for the acquisition of the Property and financing of
the acquisition of the Property.
Section 3. The Local Agency hereby authorizes the acquisition of the property as agent of the Corporation in
accordance with the terms and provisions of the Local Agency Financing Contract.
Section 4. The Authorized Representatives are hereby authorized to execute and deliver to the Office of State
Treasurer all other documents, agreements and certificates, and to take all other action, which they deem necessary or
appropriate in connection with the financing of the Property, including, but not limited to, any amendment to the NOI and
agreements relating to initial and ongoing disclosure in connection with the offering of securities related to the financing.
Section 5. This ordinance shall become effective [PLEASE INSERT APPLICABLE EFFECTIVE DATE
LANGUAGE].
PASSED by the _ _ of the City/Town of __ _, at a regular/special meeting thereof held this _ _ day
of _ _, 20_ _.
[ S E A L ] APPROVED:
ATTEST:
__________________________