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HomeMy WebLinkAbout06-01-2015 Council Meeting SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER Mayor Barb Tolbert PLEDGE OF ALLEGIANCE ROLL CALL Mayor Barb Tolbert – Deana APPROVAL OF THE AGENDA Mayor Pro Tem Chris Raezer INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Badge Pinning for Police Officer Justin Olson – Public Safety Director Bruce Stedman Introduction of new Finance Director Kristin Garcia – City Administrator Paul Ellis Introduction of K9 Oso – Public Safety Director Bruce Stedman and Officer Seth Kinney PROCLAMATIONS PUBLIC COMMENT For members of the public to speak to the Council regarding matters NOT on the agenda. Please limit remarks to three minutes. CONSENT AGENDA Mayor Pro Tem Chris Raezer 1. Minutes of the May 18 and May 26, 2015 Council Meetings ATTACHMENT A 2. Accounts Payable PUBLIC HEARING 1. Interim Ordinance Adopting Emergency Moratorium on ATTACHMENT B Recreational Vehicle (RV) Parks Staff Presentation: Chris Young Council Liaison: Marilyn Oertle NEW BUSINESS 1. Library Board reappointments--Sherri McCarthy and Al Jung ATTACHMENT C Planning Commission appointments--Aaron MacDonald and Vernon Beach Staff Presentation: Kristin Banfield Council Liaison: Mayor Pro Tem Chris Raezer Arlington City Council June 1, 2015 – 7:00 p.m. City Council Chambers ~ 110 E. Third SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. 2. Interlocal Agreement with Community Transit ATTACHMENT D Staff Presentation: Chris Young Council Liaison: Marilyn Oertle DISCUSSION ITEMS INFORMATION ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT COUNCIL MEMBER REPORTS – OPTIONAL EXECUTIVE SESSION RECONVENE ADJOURNMENT Mayor Barb Tolbert To open all attachments, click here DRAFT Page 1 of 3 Council Chambers 110 East Third May 18, 2015 City Council Members Present: Jan Schuette, Marilyn Oertle, Chris Raezer, Debora Nelson, Jesica Stickles, and Randy Tendering Council Members Absent: City Staff Present: Mayor Barbara Tolbert, Paul Ellis, Kristin Banfield, Jim Kelly, Marc Hayes, Jonathan Ventura, Bruce Stedman, Roxanne Guenzler, Sheri Amundson, Maxine Jenft, Deana Dean, and Steve Peiffle – City Attorney Also Known to be Present: Kirk Boxleitner, Sarah Arney, Craig Christenson, Jacob Kukuk, and Mike Hopson. Mayor Tolbert called the meeting to order at 7:00 p.m. and the pledge of allegiance followed. Mayor Tolbert then called for a moment of silence in honor of Councilmember Dick Butner who passed away on Friday May 15, 2015. APPROVAL OF THE AGENDA Chris Raezer moved to approve the Agenda. Marilyn Oertle seconded the motion which passed with a unanimous vote. INTRODUCTIONS OF SPECIAL GUESTS AND PRESENTATIONS PROCLAMATIONS Mayor Tolbert read the City of Arlington Proclamation and proclaimed the week May 17-23, 2015 as National Public Works Week. PUBLIC COMMENT CONSENT AGENDA Chris Raezer moved and Marilyn Oertle seconded the motion to approve the following Consent Agenda items: 1. Minutes of the May 4th and May 11th, 2015 Council Meetings 2. Accounts Payable: EFT Payments & Claims Checks #84449 through #84560 dated May 5, 2015 through May 18, 2015 for $443,004.80. PUBLIC HEARING None Minutes of the Arlington Cit Council Meetin Minutes of the City of Arlington City Council Meeting May 18, 2015 Page 2 of 3 NEW BUSINESS Appointment/Reappointment to Boards & Commissions Kristen Banfield, Director of HR & Communications, spoke to the appointment of Steve Maisch to the Parks, Arts, and Recreation Commission as well as the re-appointment of AJ Chase and Cheri Carlson to the Airport Commission; Jerrie Inman to Library Board; Mike Thomas, Craig Chase, and Tony LaSalata to the Planning Commission; and Tiffany McAuslan to PARC. Chris Raezer moved and Marilyn Oertle seconded the motion to reappoint AJ Chase and Cheri Carlson to the Airport Commission; to ratify the appointments of Steve Maisch to PARC, Jerrie Inman to Library Board, Mike Thomas, Craig Chase, and Tony La Salata to the Planning Commission; and Tiffany McAuslan to PARC. The motion was approved by a unanimous vote. Jensen Waterline Project—Apparent Low Bidder Public Works Director Jim Kelly spoke to the Jensen Waterline Project and proposed council award the bid to Carman Construction. Chris Raezer moved and Debora Nelson seconded the motion to award the Jensen Water Improvement Project to Carman’s Construction in the amount of $465,579.18 and authorize the Mayor to sign the Construction Contract, pending review by the City Attorney. The motion was approved by a unanimous vote. Arlington Task Force K-9 Interlocal Agreement Public Safety Director Bruce Stedman proposed council adopt the interlocal agreement with the Snohomish Regional Drug & Gang Task Force. Jesica Stickles moved and Randy Tendering seconded the motion to authorize the Mayor to sign the Interlocal Agreement between the City and the Snohomish Regional Drug and Gang Task Force Jurisdictions regarding a police K9 Team internship. The motion was approved by a unanimous vote. Street Vacation Petition—Portion of 67th Ave NE Permit Center Manager Marc Hayes spoke to the Petition for Street Vacation of a portion of 67th Ave. NE Right of Way. The proposed Right of Way vacation was requested by Twin City Foods Inc. to address the encroachment of their building into the existing Right of Way and secure the current loading/unloading Marilyn Oertle moved and Jesica Stickles seconded the motion to adopt the resolution regarding the vacation of a portion of 67th Ave NE Right of Way, scheduling a Public Hearing for the proposed action and referring the matter to the Planning Commission for consideration. The motion was approved by a unanimous vote. Mayor Tolbert opened council comments for Councilmember Richard (Dick) Butner. Randy Tendering, Jesica Stickles, Debora Nelson, Chris Raezer, Marilyn Oertle, and Jan Schuette all spoke. ADMINISTRATOR & STAFF REPORTS City Administrator Paul Ellis spoke regarding the monthly public works report and that National Food Corp will convert from Marysville water to Arlington water. Minutes of the City of Arlington City Council Meeting May 18, 2015 Page 3 of 3 MAYOR’S REPORT COUNCIL MEMBER REPORTS Jan Schuette, Debora Nelson, Jesica Stickles and Randy Tendering gave brief reports while Marilyn Oertle and Chris Raezer had nothing to report at this time. EXECUTIVE SESSION City Attorney Steve Peiffle indicated a need for executive session for approximately 15 minutes to discuss pending or potential litigation under RCW 42.30.110(1)(i). 7:25:12 Council in recess for executive session. 7:37:12 Council reconvened. Chris Raezer moved and Debora Nelson seconded the motion to authorize the City attorney to commence a lawsuit to establish the City’s right to continue to use the property at 7329 Oxford Drive as a park and parking site. The motion was approved by a unanimous vote. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:40 p.m. ____________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 2 Council Chambers 110 East Third Street May 26, 2015 Councilmembers Present: Jan Schuette, Marilyn Oertle, Chris Raezer, Debora Nelson, Jesica Stickles, and Randy Tendering Staff Present: Mayor Barbara Tolbert, Paul Ellis, Kristin Banfield, Dave Ryan, Chris Young, Marc Hayes, Roxanne Guenzler, Sheri Amundson, Jonathan Ventura, Bill Blake, Katie Heim, Maxine Jenft, Jim Kelly, Molly Ingram, Rory Bolter, Wendy Van Der Meersche, and City Attorney Steve Peiffle. Council Members Absent: None Also Known to be Present: Jacob Kukuk, Mike Hopson, Sarah Arney, Kirk Boxleitner, Tim Dean, Bob Nelson, Natalie Reed, and Holly Sloan-Buchanan. Mayor Barbara Tolbert called the meeting to order at 7:00 p.m. and the pledge of allegiance followed. Chris Raezer moved to approve the agenda. Marilyn Oertle seconded the motion, which passed with a unanimous vote. WORKSHOP ITEMS ~ NO ACTION WAS TAKEN Appointment/Reappointment to Boards & Commissions Director of Human Resources & Communications Kristin Banfield spoke regarding the reappointments of Sherri McCarthy and Al Jung to Library Board, and appointments of Aaron MacDonald and Vernon Beach to Planning Commission. Council questions followed. Council Vacancy Selection Process Director of Human Resources & Communications Kristin Banfield spoke regarding the council vacancy left by Dick Butner’s passing and the selection process in appointing a new councilmember. Council questions and discussion followed. Interlocal Agreement with Community Transit Community & Economic Development Director Chris Young spoke regarding the renewal of the Interlocal Agreement for Administering Commute Trip Reduction (CTR) plans and programs between the City and Community Transit. Council questions and discussions followed. Chris will return next week with statistics and additional information. April 2015 Financial Report Interim Finance Director Roxanne Guenzler and Interim Assistant Finance Director Sheri Amundson reviewed by PowerPoint the April 2015 Financial Report. Council questions followed. Economic Development PowerPoint Presentation A focus group formed by the Department Directors & Senior Managers presented council with Phase 2 of the work plans for the six economic focus areas. Phase 1 was first introduced at the council and senior staff retreat April 25 and 26, 2015. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Workshop May 26, 2015 Page 2 of 2 Miscellaneous Council Items City Administrator Paul Ellis announced that Councilmember Dick Butner’s memorial service will be held Friday, May 29 at 1:00 p.m. at Weller Funeral Home. In other news, a retirement party for former employee Doug Schmidt is being held at 2:00 p.m. that afternoon at Station 46. Executive Session None Public Comment None Adjournment The meeting was adjourned at 8:05 p.m. ____________________________ Barbara Tolbert, Mayor City of Arlington Council Agenda Bill Item: PH #1 Attachment B COUNCIL MEETING DATE: June 1, 2015 SUBJECT: Public Hearing for Interim Ordinance Adopting Emergency Moratorium on Recreational Vehicle (RV) Parks ATTACHMENTS: AMC Table 20.40.1 DEPARTMENT OF ORIGIN Community & Economic Development EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Under RCW 36.70A.390, a Public Hearing is required for the Temporary Moratorium to allow staff to identify a more suitable zoning area to accommodate the placement and storage of recreational vehicles (RV’s). Highway (HC), Light Industrial (LI) and General Commercial (GC) zones allow RV Parks. The current Land Use Code does not have policy language associated with why RV Parks would be allowed in zones typically reserved for commercial, retail development. Staff needs time to analyze the use, appropriate zoning location(s), and write policy on RV Parks for the comp plan update. HISTORY: Staff identified a potential negative impact to its economic development strategy and comp plan in regards to RV Parks. Both Commercial Zoning Districts (HC & GC) Goals & Policies of the Comprehensive Plan indicate that these designations should provide for retail and a wide range of small and large footprint commercial uses. The current Permissible Use Table in AMC Table 20.40.1 currently allows RV Parks within these zones as long as they obtain a Zoning or Special Use Permit. ALTERNATIVES City of Arlington Council Agenda Bill Item: PH #1 Attachment B RECOMMENDED MOTION: This is a public hearing but council must act within sixty days to adopt findings in support of the moratorium. In light of this, staff recommends that the Council approve a motion at this meeting rather than delaying, unless changes to the ordinance are requested or required. Recommended motion is “I move to adopt the Ordinance adopting findings in support of the moratorium against the establishment of RV Parks approved in Ordinance #2015-009.” Ordinance No. 2015-xxx 1 ORDINANCE NO. 2015-xxx AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, ADOPTING FINDINGS OF FACT IN SUPPORT OF A MORATORIUM ON THE ESTABLISHMENT OF RECREATIONAL VEHICLE PARKS AND THE LICENSING AND PERMITTING THEREOF WHEREAS, the City Council on May 4, 2015 adopted Ordinance 2015-009 which imposed a moratorium on the acceptance of certain development applications relating to recreational vehicle (RV) parks and the licensing and permitting of the same for a period of up to six months and further conducted a public hearing on the proposed moratorium on June 1, 2015 in accordance with RCW 35A.63.220 and RCW 36.70A.390; and WHEREAS, the City Council, after considering the public comment taken and information provided by staff, deems it to remain in the public interest to have a moratorium in place until the City can consider all of the land use impacts of recreational vehicle parks, draft regulations, hold hearings and adopt regulations on the subject in light of the new legislation; and WHEREAS, the City Council wishes to adopt a work plan and extend the moratorium for a full six months from the date of the original adoption; NOW, THEREFORE, the City Council of the City of Arlington, Washington, do ordain as follows: Section 1. Findings. The City Council makes the following findings: 1. Recreational Vehicle (RV) parks are currently a permitted use anywhere in the Highway Commercial, General Commercial, and Light Industrial zones of the City. 2. Development of some properties within said zones could adversely affect the City’s ability to attract quality business into the gateway areas of the City. 3. Existing regulation of RV parks is inadequate and should be improved by the City through amendments to the City’s development regulations. 4. Unless a moratorium is imposed, RV parks could be established within the City of Arlington while the City lacks the necessary tools to ensure that the location is appropriate and that the secondary impacts of such facilities are minimized and mitigated. 5. A moratorium will provide the City with an opportunity to: (a) study the issues concerning the establishment of such establishments and prepare appropriate revisions to the City’s codes and regulations; (b) protect the health, safety, and welfare of the citizens of Arlington by avoiding and ameliorating negative impacts and unintended consequences of said establishments and (c) avoid applicants possibly establishing vested rights contrary to and inconsistent with any revisions the City may make for its rules and regulations as a result of the City’s study of this matter Ordinance No. 2015-xxx 2 Section 2. Staff and the Planning Commission are directed to study the issues and report their findings to the City Council. In light of the adoption of the work plan, the City Council further elects pursuant to RCW 36.70A.390 to extend the moratorium for six months from the date of original adoption, or until November 3, 2015. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4. Publication. This ordinance shall be published by an approved summary consisting of the title. Section 5. Effective Date. This ordinance shall take effect and be in full force and effect within five days after publication as provided by law. 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: NB #1 Attachment C COUNCIL MEETING DATE: June 1, 2015 SUBJECT: Appointment/Reappointment to Boards & Commissions ATTACHMENTS: Applications for new appointments to Boards/Commissions DEPARTMENT OF ORIGIN Administration / City Clerk: Kristin Banfield, 360-403-3444 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Council is requested to appoint new members and reappoint existing members to the City’s various boards and commissions. The following individuals are requested to be appointed: Reappointments: Sherri McCarthy and Al Jung to Library Board; New appointments: Aaron MacDonald and Vernon Beach to Planning Commission HISTORY: Appointments to Boards and Commissions are required when new vacancies occur. Reappointments are requested when terms have expired and the board member / commissioner requests to continue on the board. ALTERNATIVES Approve Staff’s Recommendation with Modifications Table Staff’s Recommendation Deny Staff’s Recommendation RECOMMENDED MOTION: I move to ratify the reappointments of Sherri McCarthy and Al Jung to Library Board; and appointments of Aaron MacDonald and Vernon Beach to Planning Commission. APPLICATION FOR BOARDS & COMMISSIONS Name Aaron MacDonald Address* Phone (home)Phone (work) E-mail address I am interested in serving on the following Boards and Commissions (check all that apply) Airport Commission Civil Service Commission Parks, Arts, and Recreation Commission Cemetery Board Library Board Planning Commission Lodging Tax Advisory Committee Citizens Salary Commission Background/Experience/Interest I used to live and work as an architect (at Minaker Architecture) in Arlington about 5 years ago. At that time I had an active interest in the quality of urban spaces and architecture in town and was a Planning Commissioner from 2008 - 2010. The recession forced me and my family to find work elsewhere (Alaska) at that time. I have now started a new job in Stanwood (Pelletier + Schaar) and have moved back to Arlington because our family really enjoyed living here in the past. I'm interested in continuing my service on the Planning Commission. Date:5/4/15 APPLICATION FOR BOARDS & COMMISSIONS Name Vernon Beach Address* Phone (home)Phone (work) E-mail address I am interested in serving on the following Boards and Commissions (check all that apply) Airport Commission Civil Service Commission Parks, Arts, and Recreation Commission Cemetery Board Library Board Planning Commission Lodging Tax Advisory Committee Citizens Salary Commission Background/Experience/Interest My background has been as a building official or inspector or plan reviewer for the City of Seattle and Milwaukee Wisc. I have worked in this capacity some 37 years and have recently retired. I have also been a residence of the Arlington area for some 26 years. I have participated in the 2005 and the 2015 comp plan updates. I would like to see Arlington grow its industrial base as well as its residential base, while retaining a conservative community. Date:April 7 2015 City of Arlington Council Agenda Bill Item: NB #2 Attachment D COUNCIL MEETING DATE: June 1, 2015 SUBJECT: Renewal of the Inter-local Agreement for administering Commute Trip Reduction (CTR) plans and programs between the City and Community Transit. ATTACHMENTS: ILA DEPARTMENT OF ORIGIN Community & Economic Development EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Partnership with Snohomish County Community Transit to participate in the CTR – Commute Trip Reduction Program to reduce Vehicle Miles Traveled (VMT) and Single Occupant Vehicle (SOV) commute trips in order to reduce vehicle-related air pollution, traffic congestion, and energy use. The term of the agreement will be effective until June 30, 2019. HISTORY: RCW 70.94.527 requires counties containing urban growth areas and cities with “major employees” (100 or more), that are located in urban growth areas with a state highway to participate in the program. ALTERNATIVES Approve staff’s recommendation with modifications Table staff’s recommendation Deny staff’s recommendation RECOMMENDED MOTION: I move to authorize the Mayor to sign the Inter-local Agreement between the City and Snohomish County Community Transit for administering the Commute Trip Reduction Plans and Programs. Interlocal Agreement for Administering CTR Plans and Programs (2015-2019) Page 1 of 10 INTERLOCAL AGREEMENT FOR ADMINISTERING COMMUTE TRIP REDUCTION (CTR) PLANS AND PROGRAMS This AGREEMENT, entered into by and between Snohomish County Public Transit Benefit Area (hereinafter referred to as COMMUNITY TRANSIT), and City of Arlington, City of Bothell, City of Edmonds, City of Lynnwood, City of Marysville, City of Mukilteo, City of Monroe, City of Mountlake Terrace, (hereinafter referred to as the CITIES), and Snohomish County (hereinafter referred to as COUNTY), hereinafter collectively referred to as the PARTIES, WITNESS THAT: WHEREAS, RCW 70.94.527 requires counties containing urban growth areas and cities and towns with “major employers,” that are located within urban growth areas with a state highway segment exceeding the threshold of one hundred person hours of delay to develop ordinances, plans and programs to reduce Vehicle Miles Traveled (VMT) and Single Occupant Vehicle (SOV) commute trips, and thereby reduce vehicle-related air pollution, traffic congestion and energy use, and WHEREAS, COMMUNITY TRANSIT worked in partnership with the COUNTY and the CITIES to develop a common CTR plan and ordinance that has been adopted into law by the COUNTY and CITIES; and WHEREAS, the PARTIES believe that it is more efficient and effective to implement the plans and programs in a common manner and to designate COMMUNITY TRANSIT as the lead agency responsible for coordinating the development and implementation of the CTR plans and programs for the COUNTY and CITIES; and WHEREAS, the PARTIES agree that the COUNTY and CITIES will assist COMMUNITY TRANSIT through the enforcement of their respective CTR ordinances; and WHEREAS, the COUNTY and CITIES have determined that the funds to support the CTR base plans and programs for the COUNTY and CITIES from the Washington State Department of Transportation (hereinafter referred to as WSDOT) will be provided to and managed by COMMUNITY TRANSIT to support the implementation and administration of the CTR plans and programs within the COUNTY and CITIES; and WHEREAS, the COUNTY and CITIES determine that it is within the best interest of the public to enter into an interlocal agreement with COMMUNITY TRANSIT, whereby COMMUNITY TRANSIT will be the lead agency responsible for implementing and administering the COUNTY'S and CITIES' CTR plans and programs; and Interlocal Agreement for Administering CTR Plans and Programs (2015-2019) Page 2 of 10 NOW, THEREFORE, in consideration of covenants, conditions, performances and promises hereinafter contained, the PARTIES hereto agree as follows: 1. RECITALS: The recitals set forth above, constituting a basis of the agreement of the PARTIES, are incorporated herein by references as if fully set forth. 2. SERVICE PROVISIONS: THE PARTIES shall perform the services specified in the "STATEMENT of WORK" attached as Exhibit A, which is made a part of this AGREEMENT by this reference. 3. FUNDING: COMMUNITY TRANSIT shall receive all funds provided by the Washington State Department of Transportation (WSDOT) allocated for the COUNTY and CITIES to support the administration of the CTR base plans and programs. 4. CHANGE IN FUNDING: This AGREEMENT is contingent upon COMMUNITY TRANSIT's receipt of funds from the WSDOT. If the WSDOT funds for CTR are reduced or eliminated, the PARTIES shall review this AGREEMENT to determine the course of future CTR activities in Snohomish County and any amendments to this AGREEMENT that may be required. 5. AGREEMENT PERIOD: This AGREEMENT is effective for COMMUNITY TRANSIT and each individual PARTY as of the date signed by COMMUNITY TRANSIT and each individual PARTY regardless of the signatures of the other parties to the agreement. The term of this AGREEMENT shall be from the effective date until June 30, 2019. 6. TERMINATION: The COUNTY, CITIES and/or COMMUNITY TRANSIT may terminate this AGREEMENT by providing written notice of such termination, specifying the effective date thereof, at least thirty (30) days prior to such date. Reimbursement for services performed by COMMUNITY TRANSIT, and not otherwise paid for by WSDOT prior to the effective date of such termination shall be paid as a pro rate portion of the applicable WSDOT allocation amount by WSDOT. 7. SEVERABILITY: The COUNTY or one or more CITIES may withdraw from this AGREEMENT by providing written notice of such intent, specifying the effective date thereof, at least thirty (30) days prior to such date. Such a withdrawal shall not affect other terms or conditions of this AGREEMENT between the remaining PARTIES. To this end, a withdrawal by a City from this AGREEMENT is declared severable. 8. AGREEMENT MODIFICATIONS: Any party may request changes to this AGREEMENT. Any such changes that are mutually agreed upon shall be incorporated herein by written amendment of this AGREEMENT. No variation Interlocal Agreement for Administering CTR Plans and Programs (2015-2019) Page 3 of 10 or alteration of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES hereto. 9. NONDISCRIMINATION: The PARTIES, in performance of this AGREEMENT, shall comply with all applicable local, state, and/or federal laws and ordinances, and agree that they shall not discriminate against any person who is paid, for work completed, by funds indicated in this AGREEMENT or against any applicant for such employment on the grounds of race, color, religion, national origin, age, veteran status, or the presence of any sensory, mental, or physical disability. The PARTIES shall make reasonable accommodations to the sensory, mental, or physical disabilities of applicants and employees throughout the personnel process. In determining the extent of reasonable accommodation, the following factors will be considered: the safe and efficient operation of the organization; feasible financial costs and expenses; and the overall type and size of the organization's operation. 10. INDEMNIFICATION: A. COMMUNITY TRANSIT shall protect, hold harmless, indemnify, and defend, at its own expense, the COUNTY and CITIES and their elected and appointed officials, officers, employees and agents, from any loss or claim for damages of any nature whatsoever, arising out of the performance of Community Transit of this Agreement, including claims by the state, COMMUNITY TRANSIT's employees or third parties, except for those damages solely caused by the negligence or willful misconduct of the COUNTY or CITIES or their elected and appointed officials, officers, employees or agents. The COUNTY and CITIES shall protect, hold harmless, indemnify, and defend, at their own expense, COMMUNITY TRANSIT, its elected and appointed officials, officers, employees and agents, from any loss or claim for damages of any nature whatsoever, arising out of the performance of the indemnifying party, City and/or County of this Agreement, including claims by the state, the COUNTY's or CITIES’ employees or third parties, except for those damages solely caused by the negligence or willful misconduct of COMMUNITY TRANSIT, its elected and appointed officials, officers, employees or agents. B. It is understood and agreed that this AGREEMENT is solely for the benefit of the PARTIES hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this AGREEMENT. C. This indemnification clause shall also apply to any and all causes of action arising out of performance of work activities under this AGREEMENT. Each contract for services or activities utilizing funds provided in whole or in part by this AGREEMENT shall include a provision that the PARTIES are not liable for damages or claims for damages arising from any subcontractor's performance or activities under the terms of the contracts. Interlocal Agreement for Administering CTR Plans and Programs (2015-2019) Page 4 of 10 IN WITNESS WHEREOF, Snohomish County, City of Arlington, City of Bothell, City of Edmonds, City of Lynnwood, City of Marysville, City of Mukilteo, City of Monroe, City of Mountlake Terrace and Community Transit have executed this AGREEMENT as of the date and year written below. SNOHOMISH COUNTY COMMUNITY TRANSIT __________________________ ________________________ Authorized Signature Authorized Signature John Lovick Emmett Heath County Executive Chief Executive Officer __________________________ __________________________ Date Date CITY OF ARLINGTON CITY OF BOTHELL __________________________ ________________________ Authorized Signature Authorized Signature Barbara Tolbert Robert Stowe Mayor City Manager __________________________ __________________________ Date Date CITY OF EDMONDS CITY OF LYNNWOOD __________________________ ________________________ Authorized Signature Authorized Signature Dave Earling Nicola Smith Mayor Mayor __________________________ __________________________ Date Date CITY OF MARYSVILLE CITY OF MUKILTEO __________________________ ________________________ Authorized Signature Authorized Signature Jon Nehring Jennifer Gregerson Mayor Mayor __________________________ __________________________ Date Date Interlocal Agreement for Administering CTR Plans and Programs (2015-2019) Page 5 of 10 CITY OF MOUNTLAKE TERRACE CITY OF MONROE __________________________ ________________________ Authorized Signature Authorized Signature Jerry Smith Geoffrey Thomas Mayor Mayor __________________________ __________________________ Date Date Interlocal Agreement for Administering CTR Plans and Programs (2015-2019) Page 6 of 10 EXHIBIT "A" Statement of Work ADMINISTERING COMMUTE TRIP REDUCTION PLANS 1. INTRODUCTION Snohomish County (COUNTY) and the Cities of Arlington, Bothell, Edmonds, Lynnwood, Marysville, Mukilteo, Monroe and Mountlake Terrace (CITIES) have all adopted a similar CTR ordinance. This STATEMENT OF WORK is incorporated into the Interlocal Agreement titled "INTERLOCAL AGREEMENT FOR ADMINISTERING COMMUTE TRIP REDUCTION (CTR) PLANS” and outlines the tasks and responsibilities for each of the PARTIES. COMMUNITY TRANSIT TASKS 2. GENERAL TASKS 2.1 Maintain and administer the COUNTY'S and CITIES' CTR Plans and programs according to the provisions of RCW 70.94.521-551. 2.2 Provide Washington State Department of Transit (WSDOT) with a public hearing notice and copies of any proposed amendments to the COUNTY'S and/or CITIES' CTR ordinance, plan, and/or administrative guidelines within the first week of the public review period, and final copies of such action within one (1) month of adoption. 2.3 Establish and maintain books, records, documents, and other evidence and accounting procedures and practices, sufficient to reflect properly all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred solely for the performance of this AGREEMENT. To facilitate the administration of the work described in this AGREEMENT, separate accounts shall be established and maintained within COMMUNITY TRANSIT'S existing accounting system or set up independently. Such accounts are referred to herein collectively as the "CTR Account". All costs charged to the CTR Account, including any approved services contributed by the COUNTY or the CITIES shall be supported by properly executed payrolls, time records, invoices, contracts, vouchers, or products evidencing in proper detail the nature and propriety of the charges. Interlocal Agreement for Administering CTR Plans and Programs (2015-2019) Page 7 of 10 3. SERVICES PROVIDED TO EMPLOYERS Provide affected employers with access to information and services, which will enable them to plan, implement, and manage Commute Trip Reduction (CTR) programs in a way that implements the COUNTY and CITIES’ CTR plans and ordinances and meets individual employer goals. 3.1 Organize the content and format of a comprehensive CTR educational program for employers and jurisdictions. 3.2 Ensure that the comprehensive CTR educational program in Snohomish County is consistent with that developed by the Washington State Technical Assistance Team. 3.3 The COUNTY and each of the CITY ordinances require employers to appoint an Employee Transportation Coordinator (ETC) who will coordinate the CTR program at that employment site. Personalized assistance to and on-site presentations will be provided to ETCs, managers and employees. 3.4 Offer free to affected employers complete ETC training at least once every six months with priority given to designated ETCs. 3.5 Provide opportunities for ETCs to network with the ETCs of other affected employers. 3.6 Continue to provide outreach assistance to affected employers, new affected employers, and potential affected employers. 3.7 Provide information and technical assistance to affected employers in preparing and revising individual trip reduction programs. Explain legal requirements and assist with initial survey and plan development. 3.8 Work with COUNTY and CITIES to develop new transportation demand management (TDM) programs to implement CTR Plans such as Telework, Alternative Work Hours, Subsidy/Incentives, and Parking Management. 3.9 Coordinate and facilitate employer networking, employer peer reinforcement and employer recognition programs. 3.10 Produce two annual rideshare campaigns and distribute campaign materials. 3.11 Plan, promote and implement employer transportation events, including customized worksite carpool and vanpool events, and provide event prizes. 3.12 Design and distribute CTR marketing materials, including new employee orientation materials, which employers may use or copy to implement, promote and manage CTR programs. 3.13 Provide employers with access to information, materials and programs that will enable them to adequately promote CTR programs. Produce customized marketing materials for employees upon request. Interlocal Agreement for Administering CTR Plans and Programs (2015-2019) Page 8 of 10 3.14 Be available to attend at least one rideshare fair or employer promotion per year for each affected employer. Encourage employers to work together and hold joint events. 3.15 Support CTR programs by offering supplemental services including a regional ride matching program, vanpool program and Guaranteed Ride Home program. 3.16 Take the lead in coordinating the survey process for employers. Provide survey workshops to employers during measurement years. Distribute and collect the state “CTR Employee Questionnaires” (survey forms). Work with the appropriate agencies to coordinate the processing of the employer surveys. Ensure that employers timel y receive their survey results. Offer survey follow-up meetings to all employers. Return processed surveys to employers. 3.17 Send or deliver employer surveys for processing as instructed by WSDOT. Prior to sending or delivering any surveys, notify WSDOT of the name of the worksite(s) and the employer identification code(s) for any surveys being submitted for processing. The notification should be submitted via electronic mail, fax, or U.S. Postal Services. 4. ANNUAL EMPLOYER REPORTING & PROGRAM REVIEW 4.1 Notification of Newly Affected Sites as defined by COUNTY or CITY ordinance 4.1.1 Identify list of potential new sites and contact person and send notification inquiry to determine if affected. 4.1.2 Confirm status and secure state ID code. 4.1.3 Create timeline and legal file. 4.2 Site Analysis and Program Review 4.2.1 Notify affected employers when quarterly and/or annual program reports are due and provide affected employers with limited direct assistance in preparing written program submissions. 4.2.2 Review program reports for completeness for new sites and for sites that made progress toward goal. 4.2.3 For sites that didn’t make progress, review survey results and recent program data and evaluate the potential for progress toward single occupant vehicle (SOV)/vehicle miles traveled (VMT) reduction. 4.2.4 Make recommendations to COUNTY and/or CITIES for program improvements for sites that did not make progress. 4.2.5 Generate approval/non-approval letter for COUNTY and/or CITIES signature. Interlocal Agreement for Administering CTR Plans and Programs (2015-2019) Page 9 of 10 4.2.6 Follow up with employers whose programs have not been approved and assist in modifying CTR program. 4.3 Exemptions & Modification 4.3.1 Receive employer requests for exemptions or modifications and send copy of request to COUNTY and/or CITIES. 4.3.2 Copy request to WSDOT for comment. 4.3.3 Review and analyze request and provide comments to COUNTY and/or CITIES; COUNTY and/or CITIES reviews analysis and provides directions to COMMUNITY TRANSIT. 4.3.4 Generate and send response if directed so by COUNTY and/or CITIES. 4.4 Records Maintenance 4.4.1 Maintain database and master file records on all affected worksites. 4.4.2 Provide WSDOT with electronic or hard copy of each employer program report approved within the quarter. 5. COORDINATION 5.1 Serve as a liaison between WSDOT and the COUNTY and CITIES for the purposes of RCW 70.94.521-551. 5.2. Coordinate CTR outreach and marketing efforts with the COUNTY, CITIES, and other transit agencies (including Metro CTR and Metro Rideshare) in order to create a comprehensive CTR program. 5.3 Collaborate directly with the CTR planning coordinators from the COUNTY and CITIES in working with affected employers to facilitate the timely development, submission, implementation, and revision of affected employer programs. 5.4 Coordinate and facilitate CTR coordinator’s group meetings consisting of the CTR planning coordinators from COUNTY and CITIES as needed. This group functions as an information, coordination, and collaboration group for CTR activities. 5.5 Attend jurisdiction and regional meetings representing COUNTY’s and CITIES’ issues. 5.6 Work with COUNTY and CITIES to develop and fund new TDM programs to implement CTR Plans such as Telework, Alternative Work Hours, Subsidy/Incentives, and Parking Management. 5.7 Help jurisdictions monitor the progress of affected employers after CTR programs are implemented. 5.8 Meet at least annually with the COUNTY and each CITY to discuss employer CTR programs in each jurisdiction. Interlocal Agreement for Administering CTR Plans and Programs (2015-2019) Page 10 of 10 6. REPORTING 6.1 With an invoice voucher, submit to WSDOT quarterly progress reports in a format approved by WSDOT, that adequately and accurately assess the progress made by the COUNTY and CITIES in implementing RCW 70.94.521-551. These quarterly reports shall be submitted within forty- five (45) days of the end of each quarter for the first seven (7) quarters and within fifteen (15) days of the end of the final quarter. 6.2 Provide at least quarterly to WSDOT, updated employer information in the electronic format provided by WSDOT to satisfy the jurisdictions’ reporting requirement. 6.3 Provide the COUNTY and CITIES with quarterly progress reports including narrative summary of tasks performed. COUNTY AND CITIES TASKS 7. GENERAL TASKS 7.1 Provide COMMUNITY TRANSIT with copies of any proposed amendments to the CTR Plan and Ordinance. 7.2 Notify COMMUNITY TRANSIT of potential CTR-affected sites. Send notification letter to new sites. COMMUNITY TRANSIT will generate letter for COUNTY and CITIES signature. 7.3 Review business license procedure for ways that the COUNTY or CITIES can more effectively and efficiently provide Community Transit with information on potential newly affected employers. 7.4 Attend CTR coordinator group meetings when scheduled. 7.5 Meet with COMMUNITY TRANSIT at least annually to discuss employer CTR programs. 7.6 Sign annual employer report approval/disapproval letters. 7.7 Attend mediation meetings with employers during program review process if necessary. 7.8 Review employer exemption/modification requests from analysis submitted by COMMUNITY TRANSIT. Provide direction to COMMUNITY TRANSIT draft response to employer (if desired by COUNTY and/or CITIES). 7.9 Report to COMMUNITY TRANSIT, at least annually, all activities made to implement the CTR Plan or Ordinance with an estimation of costs.