HomeMy WebLinkAbout03-01-10 Council Meeting
Arlington City Council
March 1, 2010 - 7 PM
City Council Chambers
110 E. Third
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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 / PLEDGE OF ALLEGIANCE/ROLL CALL
APPROVAL OF THE AGENDA
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
-Hank and Betty Graafstra
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
1. Minutes of the February 16 & 22, 2010 meetings ATTACHMENT A
2. Accounts Payable
3. Joint Defense Agreement—authorizing the Mayor to contract ATTACHMENT B
with Ogden Murphy Wallace PLLC for limited legal representation
PUBLIC HEARING
1. Ordinance for Sewer Rate increase ATTACHMENT C
UNFINISHED BUSINESS
NEW BUSINESS
1. Airport Budget Amendment ATTACHMENT D
2. Authority to Award and Contract the Gifford Sidewalk Project ATTACHMENT E
3. Draft Shoreline Master Plan Maps ATTACHMENT F
4. Adoption of Resolution on EMS Levy ATTACHMENT G
5. Adoption of Tri-Agency Interlocal on Emergency Management ATTACHMENT H
6. Adoption of Tourism Economic Development Grant Allocation ATTACHMENT I
7. Adoption of Resolution Replacing Resolution No. 785, ATTACHMENT J
and Adopting a Revised Fee Schedule
8. Adoption of Resolution Outlining the City’s Goals and Priorities for 2010 ATTACHMENT K
9. Adoption of Ordinance incorporating revisions to AMC Title 9 ATTACHMENT L
10. Adoption of Ordinance incorporating revisions to AMC Title 10 ATTACHMENT M
DISCUSSION ITEMS
INFORMATION
MAYOR’S REPORT
ADMINISTRATOR & STAFF REPORTS
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.
COUNCIL MEMBER REPORTS – OPTIONAL
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
To download all attachments, click here
DRAFT
Page 1 of 3
Council Chambers
110 East Third
February 16, 2010
City Council Members Present by Roll Call: Dick Butner Sally Lien, Scott Solla, Marilyn Oertle, Chris
Raezer, Linda Byrnes, and Steve Baker
Council Members Absent: There were no Council members absent.
City Staff Present: Mayor Larson, Allen Johnson, Kristin Banfield, Jim Chase, Jim Kelly, David Kuhl,
Fire Chief Jim Rankin, Roxanne Guenzler, Julie Good, Paul Ellis, Cristy Brubaker, Jan Bauer, Steve
Peiffle – City Attorney
Also Known to be Present: Barbara Tolbert – Chair of the Emergency Medical Services Levy
Committee
Mayor Larson called the meeting to order at 7:00PM, and the pledge of allegiance to the flag followed.
Steve Baker moved to approve the Agenda, and Sally Lien seconded the motion which passed with a
unanimous vote.
APPROVAL OF THE AGENDA
There was no one in the audience who wished to speak to matters not on the Agenda.
PUBLIC COMMENT
Steve Baker moved and Sally Lien seconded the motion to approve the Consent Agenda which
unanimously passed to approve the following Consent Agenda items:
CONSENT AGENDA
1. Minutes of the February 1 and February 8, 2010 meetings
2. Accounts Payable
Claims Checks #59544 through #59707 in the amount of $5,101,676.64
PUBLIC HEARING
Comprehensive Plan Amendments (CPA’s) and Concurrent Rezones for Graafstra, Transportation,
Water, Sewer, Stormwater (Continued Public Hearing, probable additional continuance while
waiting for additional information and/or studies).
1. Graafstra Lowlands CPA (PLN20080006) and Concurrent Rezone (PLN20080007), City-initiated,
approximately 137 acres of Graafstra Farm lowland in the City’s UGA at the northeast part of the City,
amend prezoning of Low/Moderate Density Residential (RLMD) to Public/Semi-Public (P/SP). Action to
be continued to May 17, 2010.
They include the following:
2. Transportation CPA (PLN20080022), City-initiated, City-wide, amend Chapter 11 and update
Transportation Comp Plan. A presentation on the proposal will be provided that is known as the
Arterial Circulation Study for the Southeast Arlington Urban Growth Area and Vicinity. Action to
be continued to May 17, 2010.
3. Water System CPA (PLN20080023), City-initiated, City-wide, amend Chapter 11 and update Water
Comp Plan. Action to be continued to May 17, 2010.
4. Sewer System CPA (PLN20080024), City-initiated, City-wide, amend Chapter 11 and update Sewer
Comp Plan. Action to be continued to May 17, 2010.
Minutes of the Arlington
City Council Meeting
Minutes of the City of Arlington City Council Meeting DRAFT February 16, 2010
Page 2 of 3
5. Stormwater System CPA (PLN20080025), City-initiated, City-wide, amend Chapter 11 and adopt
Stormwater Comp Plan to reflect current conditions, update hydraulic and surface water modeling,
identify current stormwater issues, and present capital improvement project options along with associated
costs to address stormwater issues. Action to be continued to May 17, 2010.
Community Development Director David Kuhl gave a history of the Public Hearing and asked for a
continuance in order to complete some of the projects. Through the use of a power point presentation
Public Works Director Jim Kelly addressed the Circulation Study for the Southeast Arlington Urban
Growth Area and Vicinity, one developed in cooperation with Snohomish County. Throughout the
presentation Mr. Kelly answered Council questions.
At 7:15PM the Public Hearing was opened, and with no one wishing to comment, the Public Hearing was
immediately closed. Discussion and questions from the Council continued.
Steve Baker moved to continue the Public Hearing to May 17, 2010, for the remaining 2008
Comprehensive Plan Amendments (and Concurrent Rezones) listed above (Graafstra Lowlands and
Transportation, Water, Sewer, and Stormwater Comp Plans). Marilyn Oertle seconded the motion which
passed with a unanimous vote.
There was no Unfinished Business.
UNFINISHED BUSINESS
NEW BUSINESS
Public Works Director Jim Kelly addressed the Coordinated Prevention Grant for Waste Reduction and
Recycling for FY 2010. It is 75% funded by the State.
Coordinated Prevention Grant 2010-2011 ATTACHMENT
Dick Butner moved to approve the Department of Ecology Coordinated Prevention Grant Funding for the
City’s recycling program and authorize the Mayor to sign the grant agreement for Grant Offer No.
G1000439. Scott Solla seconded the motion that passed with a unanimous vote.
Jim Kelly noted the request for an extended contract with Blue Marble Environmental for continued
support.
Blue Marble Environmental Contract Amendment #3
Dick Butner moved to authorize Mayor to sign contract Amendment #3 to Professional Services
Agreement with Blue Marble Environmental for 2010-2011, not to exceed $5,900.00. Scott Solla
seconded the motion that passed with a unanimous vote.
Fire Chief Jim Rankin asked for Council approval to place this request on the November 2, 2010 ballot.
Barbara. Tolbert, Chair of the EMS Levy Committee, addressed the request for a permanent levy, rather
than a 6-year levy. Chief Rankin requested Council approval.
Motion to Direct Staff to Prepare a Resolution to Place on the 11/2/10 Ballot a Permanent Levy for
Emergency Medical Service for Consideration at the Next Council M eeting
Sally Lien moved that staff prepare a resolution to place on the 11/2/10 ballot a permanent levy for
Emergency Medical Service for consideration at the next council meeting. Dick Butner seconded the
motion that passed with a unanimous vote.
City Attorney Steve Peiffle addressed the Settlement Agreement and recommended Council approval.
District 12 Settlement Agreement
Sally Lien moved to authorize the Mayor to sign the Release and Settlement Agreement between
Snohomish County Fire Protection District No.12, the City of Marysville, Marysville Fire District, and the
City of Arlington and that all funds received from Marysville District 12 be dedicated to the Fire Station 46
project. Scott Solla seconded the motion that passed with a unanimous vote.
Minutes of the City of Arlington City Council Meeting DRAFT February 16, 2010
Page 3 of 3
City Administrator Allen Johnson addressed the Contract. Steve Baker and Dick Butner both spoke in
opposition to the request. Mr. Johnson addressed Council question regarding severance pay and other
issues concerning Ms. Badger’s termination. A lengthy discussion followed. Linda Byrnes spoke in favor
of the Emergency Management Position and the partnership.
Employment Contract – Emergency Management Coordinator
Sally Lien moved to approve the Employment Contract with Chris Badger to serve as the City’s
Emergency Management Coordinator, subject to the City of Arlington, Arlington School District, and
Cascade Valley Hospital entering into a monetary ILA. Chris Raezer seconded the motion that passed
with a majority vote, with Dick Butner, Steve Baker and Marilyn Oertle casting the dissenting votes.
Capital Projects Manager Paul Ellis noted change order expenses which have occurred and then stated
that the project is ready to close and is complete, with occupancy occurring as of December 2009.
Airport Office Expansion & Remodel Closeout
Linda Byrnes moved to approve the closeout of the Airport office Expansion project and authorize the
Mayor to sign Change Order Number Six. Sally Lien seconded the motion that passed with a unanimous
vote.
Assistant City Administrator Kristin Banfield addressed the request to adopt this portion of the Code
relating to animals.
Ordinance Adopting Revisions to AMC Title 8
Steve Baker moved to adopt the proposed ordinance Amending and Repealing Certain Sections of
Arlington Municipal Code Title 8 Relating to Animals. Sally Lien seconded the motion that passed with a
unanimous vote.
Paul Ellis stated that the 5-acre property behind the Haggen Store, once a proposed fire station site which
has since been deemed inappropriate for that purpose and is now up for sale. Mr. Ellis answered Council
questions.
Surplus Property Sale ATTACHMENT J
Steve Baker moved to authorize the Mayor to sign a Purchase /Sale Agreement for Surplus Property at
197xx 74th Ave NE., pending legal review. Sally Lien seconded the motion that passed with a unanimous
vote.
Mayor Larson gave a report on meetings she had recently attended.
MAYOR’S REPORT
Dick Butner, Sally Lien, Scott Solla, Marilyn Oertle, Chris Raezer, Linda Byrnes, and Steve Baker gave
brief reports.
CITY COUNCIL COMMITTEE REPORTS
City Attorney announced that there would be no need for an Executive Session.
EXECUTIVE SESSION
With no further business to come before the Council, the meeting was adjourned at 8:18PM.
ADJOURNMENT
____________________________
Margaret Larson, Mayor
DRAFT
Page 1 of 2
Council Chambers
110 East Third Street
February 22, 2010
Dick Butner Sally Lien, Scott Solla, Marilyn Oertle, Chris Raezer, and Steve Baker, Mayor Larson, Allen
Johnson, Bill Blake, Kristin Banfield, Jim Chase, Police Chief Robert Sullenberger, Fire Chief Jim Rankin,
Jim Kelly, Rob Putnam, David Kuhl, Bill Blake, Cristy Brubaker, Paul Ellis, Julie Good, Jan Bauer, Steve
Peiffle – City Attorney
Council Members Absent: Linda Byrnes
Also Known to be Present: Michael Prihoda – Executive Director, Arlington-Smokey Point Chamber of
Commerce, Allen Ice – Cemetery Board, also Linda Nuenzig, Brian Foster and Jamie Flint representing
the Red Rooster Route
Mayor Larson called the meeting to order at 7:00PM, and the pledge of allegiance to the flag followed.
Steve Baker moved to approve the Agenda, and Sally Lien seconded the motion, which passed with a
unanimous vote approving the Workshop Agenda.
WORKSHOP ITEMS ~ NO ACTION WILL BE TAKEN
Airport Manager Rob Putnam addressed the 2010 Amended Budget. He then answered Council
question.
2010 Airport Budget Amendment
Public Works Director Jim Kelly discussed the sidewalk project for Gifford Avenue, which will be funded
by the stimulus program. He announced the low bid company selected for this project, pending the check
of remaining references. Mr. Kelly then answered Council questions regarding the seemingly low bid
amount and the permeable concrete sidewalks planned for the project.
Gifford Sidewalks Bid Results and Contract Award
Finance Director Jim Chase discussed the approval of the hotel-motel tax distribution, an amount
exceeding expectations. Throughout the presentation Mr. Chase answered Council questions.
Discussion and clarification followed. Seeking funding Linda Neunzig, who owns 90 Farms representing
farmers and the Red Rooster Route, was asked to speak.
Review of Tourism Economic Development Grant Allocation
Assistant City Administrator Kristin Banfield noted the fee schedules that are presently proposed for
updates. Jim Chase suggested doing away with the lifetime dog license, which is the same price of a
one-year license fee. Discussion followed
Proposed Resolution to revise the City’s Fee Schedule
Allen Ice and Jim Kelly addressed the Cemetery Fee Schedule and the cost of running a cemetery. A
lengthy discussion followed.
City Administrator Allen Johnson discussed the Tri-Agency ILA and the automatic renewal.
Tri-Agency Interlocal on Emergency Management
Minutes of the Arlington
City Council Workshop
Minutes of the City of Arlington City Council Meeting DRAFT February 22, 2010
Page 2 of 2
Kristin Banfield stated that the Top 10 Goals and Priorities for 2010 have been regrouped and expanded
to 13 goals and priorities which capture items the Council would like to have the City address in 2010.
This new list will be put into resolution form for future adoption.
Review of “Top 10 Goals and Priorities for 2010”
Police Chief Robert Sullenberger addressed questions that had been previously asked by Council at a
previous meeting. Chief Sullenberger answered Council questions regarding public nudity, and
discussion followed. Kristin Banfield and Chief Sullenberger reviewed proposed changes in the AMC
regarding noise and throughout the presentation both answered Council questions, regarding other
changes in the Code
Review of AMC Title 9 revisions
Kristin Banfield answered questions regarding vehicles to trailers, campers, or motor homes parked along
city streets. Ms. Banfield reminded the Council that enforcement actions are complaint driven. Mr. Peiffle
and Ms. Banfield clarified Council questions. The omission of red painted curbs and the towing of cars
parked in that area were also discussed.
Review of AMC Title 10 revisions
City Attorney Steve Peiffle discussed the requested Verizon Refund and possibility and ramification of
Arlington’s option of having a formal agreement for joining a group in opposition to that refund request.
Mr. Peiffle recommended entering into this agreement.
Joint Defense Agreement—Authorizing the Mayor to Contract with Ogden Murphy Wallace PLLC
for Limited Legal representation Relating to Verizon Northwest Refund Request
ADJOURNMENT
The meeting was adjourned at 8:33PM.
____________________________
Margaret Larson, Mayor
City of Arlington
Council Agenda Bill
AGENDA ITEM:
Consent #3
ATTACHMENT B
COUNCIL MEETING DATE:
March 1, 2010
SUBJECT:
Joint Defense Agreement – authorizing the
Mayor to contract with Ogden Murphy
Wallace PLLC for limited legal
representation
DEPARTMENT OF ORIGIN:
Executive / Legal
Contact: Kristin Banfield / Steve Peiffle
ATTACHMENTS:
- Letter from Perkins Coie, dated 12/31/09, petitioning refund of city utility tax paid by
Verizon Northwest on its sales of DSL service
- Joint Defense Agreement
EXPENDITURES REQUESTED: Legal fees (undetermined at this time)
BUDGET CATEGORY: General Fund - Legal
LEGAL REVIEW: City Attorney reviewed the Joint Defense
Agreement
DESCRIPTION:
The City of Arlington received a letter from Perkins Coie in early January petitioning for a
refund of city utility tax paid by Verizon Northwest on its sales of DSL service from January 1,
2005 through June 30, 2008. The City of Arlington was not the only City to receive such a letter.
To date there are approximately 15 cities that have indicated they received a similar letter and
are interested in collaborating on the refund claim and retaining joint counsel to review, analyze,
negotiate, and defend (if necessary) against the refund claim. To join this group of cities, the City
must execute the Joint Defense Agreement with Ogden Murphy Wallace, PLLC.
HISTORY:
Council reviewed the joint defense agreement with Ogden Murphy Wallace at the February 22,
2010 Council Workshop and recommended placement on an upcoming agenda for action.
ALTERNATIVES:
Do not authorize the Mayor to contract with Ogden Murphy Wallace, PLLC
RECOMMENDED MOTION:
I move to authorize the Mayor to sign the Joint Defense Agreement with Ogden Murphy
Wallace for limited legal representation.
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JOINT DEFENSE AGREEMENT
THIS JOINT DEFENSE AGREEMENT (the “Agreement”) is made by and
among the CITY OF BOTHELL, the CITY OF KIRKLAND, the CITY OF LAKE
STEVENS, the CITY OF MARYSVILLE the CITY OF MONROE, the CITY OF
MOUNTLAKE TERRACE, the CITY OF MUKILTEO, the CITY OF REDMOND, the
CITY OF SNOHOMISH, the CITY OF STANWOOD, and the CITY OF
WOODINVILLE and is dated and effective as of the date the second city signs below.
RECITALS
1. The Parties and their respective counsel believe that the Parties share
common legal interests in connection with the claims asserted by Verizon Northwest Inc.
(“VZNW”) for a refund of the city utility tax paid by VZNW on its sales of digital
subscriber line service during the period of January 1, 2005 through June 30, 2008
(“Refund Claim”).
2. The Parties and their respective counsel desire to enter this Agreement for
the purpose of expressing their intent to jointly collaborate, share information, negotiate
and defend against the Refund Claim and any litigation arising there from.
3. The Parties desire to coordinate their efforts and retain joint counsel to
review, analyze, negotiate and defend, if necessary, against the Refund Claim.
NOW, THEREFORE, in consideration of the promises set forth below, the Parties
agree as follows:
AGREEMENT
1. Definitions.
a. “Party” or “Parties.” Each party that signs this Agreement is
referred to herein as a “Party,” or as one of the “Parties,” as long as
that Party has not terminated participation in the joint defense
effort pursuant to Section 13.
b. “Joint Defense Participant” or “Joint Defense Participants.”
The Parties’ respective employees, officers, agents, insurers,
representatives, attorneys, consultants and expert witnesses who
participate in any way in this matter are referred to herein as the
“Joint Defense Participants,” or as a “Joint Defense Participant”
for a particular Party.
c. “Third Party” or “Third Parties.” Any person or entity, except
the Joint Defense Participants, that has not signed this Agreement
is referred to herein as a “Third Party,” regardless of whether he,
she or it is involved in this matter. The term “Third Party” or
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“Third Parties” also includes any former Party after he, she or it
has terminated participation in the joint defense effort pursuant to
Section 13.
2. Common Interest in Defense and Applicability of Joint Defense
Doctrine. The Parties anticipate that the nature of the Refund Claim and their
relationships will present various common legal and factual issues, thus making it
advisable to engage in joint defense efforts as deemed appropriate by the Parties and their
attorneys. The Parties and their attorneys believe there is a mutuality of interest in
pursuing a common defense with respect to at least some, if not all, issues or claims
raised in the Refund Claim. In this regard, the Parties seek to enable both themselves and
their Joint Defense Participants to work together on common issues without waiving
applicable rules of privilege and confidentiality. It is the intent that such joint defense
efforts will benefit the Parties by making legal advice and representation in the Refund
Claim more effective and cost-efficient.
3. Retention of Ogden Murphy Wallace, PLLC. The Parties to this
Agreement wish to retain the services of Ogden Murphy Wallace, PLLC (“OMW”) to
jointly represent them in researching, analyzing, negotiating, and defending, if necessary,
against the Refund Claim. OMW shall perform such services according to the Hourly
Rate Schedule attached hereto as Exhibit A. OMW shall serve as the attorneys for the
Joint Defense Participants and shall zealously represent each and all Parties. All Parties
shall sign the Potential Conflict of Interest Waiver attached hereto as Exhibit B.
4. Individual Representation by OMW. Each Party may also
independently request certain services provided by OMW at the Party’s own cost. These
services may include individual analysis of a Party’s municipal tax code or analysis of
specific payments made by VZNW. Bills from OMW related to services performed at
the request of an individual Party shall be billed by OMW directly to the requesting
Party. Parties requesting individual services shall indemnify and hold harmless all other
Parties from any cost, claim or liability associated with such individual service by OMW.
5. Scope of and Basis for Confidentiality Agreement. It is the Parties’
intention and understanding that all of the following shall remain confidential and
protected from disclosure, discovery or production to any Third Party to the fullest extent
permitted by applicable law: (1) the fact that particular communications have been made
under this Agreement between any Parties or Joint Defense Participants; (2) the
information or materials so communicated; and (3) any part of any memoranda or other
material or work product containing or referring to such communications. The Parties
understand and agree that such communications, materials and work product are
generally protected by attorney-client privilege, the attorney work product doctrine
privilege, and the “joint defense doctrine” or “common interest” privilege recognized in
cases such as State v. Emmanuel, 42 Wn.2d 799, 814-16, 259 P.2d 845 (1953) (citing
Baldwin v. Commissioner, 125 F.2d 812 (9th Cir. 1942)); Waller v. Financial Corporation
of America, 828 F.2d 579, 583 (9th Cir. 1987); United States v. McPartlin, 595 F.2d 1321,
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1336-37 (7th Cir. 1979); Hunydee v. United States, 355 F.2d 183 (9th Cir. 1965); and
Continental Oil Company v. United States, 330 F.2d 347 (9th Cir. 1964).
6. Agreement to Share Information or Materials. Although this
Agreement does not obligate the Parties to share any information with one another, to
further their respective mutual interests, the Parties agree that:
a. To the extent deemed appropriate and authorized by each Party’s
attorney, given the unique interests and concerns of his or her own
client, any Party or Joint Defense Participant may share and exchange
among other Parties and Joint Defense Participants: work product
materials, opinion work product and confidential attorney-client
communications relating to or facilitating the provision of legal advice.
(the “Joint Defense Information”). Joint Defense Information may be
disclosed verbally or in writing, electronic or otherwise, and may
include but not be limited to: witness statements, interview summaries,
legal memoranda or analyses, debriefing memoranda, factual
summaries, transcript digests, non-discoverable documents or
materials, legal strategies, mental impressions, intelligence,
confidences and other secrets for the limited and restricted purpose of
assisting the Parties’ counsel in protecting the rights and interests of
their respective clients; and
b. Each Party’s attorney may mark any materials exchanged pursuant to
this Agreement with the legend “CONFIDENTIAL AND
PRIVILEGED COMMUNICATION, PRODUCED PURSUANT
TO JOINT DEFENSE AND CONFIDENTIALITY AGREE-
MENT,” or a similar legend clearly denoting that the materials are
subject to this Agreement.
The Parties agree that all Joint Defense Information shared pursuant to this Agreement
shall be used solely in preparing their respective claims, defenses and, if applicable,
counterclaims to this Refund Claim. The Parties further intend and agree that no claim of
work product, opinion work product, attorney-client privilege or other privilege shall be
waived by reason of the joint disclosure of Joint Defense Information to another Party,
that Party’s counsel, or a Joint Defense Participant. All Joint Defense Information shall
be protected from discovery by the work product doctrine, attorney-client privilege,
common-interest privilege and the joint defense doctrine to the fullest extent of the law.
7. Non-Disclosure to Third Parties. No Joint Defense Information subject
to this Agreement, other than Joint Defense Information based solely upon a Party’s (or
Party’s counsel’s or a Party’s other Joint Defense Participants’) own privileged or
protected materials or communications, shall be disclosed to any Third Party without the
consent of the Parties to this Agreement except as follows:
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a. A Party that receives Joint Defense Information under this Agreement may
communicate the same to a Third Party, but only with the advance consent of
the attorney for the Party that contributed that information or material to the
joint defense effort; and
b. A Party or Joint Defense Participant that receives Joint Defense Information
under this Agreement may communicate the same if compelled to do so by a
court of competent jurisdiction. Each Party agrees that, if it receives any
summons, subpoena or similar process, or any request to disclose or produce
Joint Defense Information received under this Agreement, then it will
immediately notify all other Parties and provide not less than five (5) business
days’ notice before disclosure or production, to permit other Parties or their
counsel to intervene. If five (5) business days’ notice cannot be provided,
because of the return date of the process, then the Party upon which the
demand or request is made shall bring a motion to stay the proceedings so as
to provide at least five (5) business days’ notice to the other Parties. Each
Party shall instruct its Joint Defense Participants to follow this same notice
and motion procedure. PROVIDED, that the provisions of this subsection
6(b) shall not apply to requests for public records made pursuant to Chapter
42.56 RCW, which shall be governed exclusively by subsection 6(c).
c. The Parties expressly acknowledge that each Party is a public agency
governed by the Public Records Act (PRA) codified at Chapter 42.56 RCW.
Nothing in this Agreement shall be construed as abridging, limiting or altering
each Party’s legal rights and obligations as set forth in the PRA and any
controlling judicial precedent arising thereunder. Upon receipt of a request
for public records made pursuant to the PRA (“PRA request”) the scope of
which may encompass Joint Defense Information or other documents related
to the Refund Claim, a Party may notify the other Parties of such request and
of the first Party’s intended response thereto. However, notwithstanding any
other provision of this Agreement, the first Party shall have sole discretion in
determining the extent to which any such records shall be released in response
to a PRA request. No decision by the first Party in responding to a PRA
request shall form the basis for any claim or cause of action under this
Agreement.
8. Independently Obtained Information or Materials Not Protected by
this Agreement. This Agreement shall not restrict disclosure or production of
information or materials that were learned or obtained by a Party or its Joint Defense
Participants if they were learned or obtained in ways entirely independent of any joint
defense communications.
9. Sharing of Information Does Not Create Privilege for Facts that Are
Not Otherwise Privileged. The Parties recognize and agree that where facts or other
information or materials are not otherwise privileged from disclosure or production, they
shall not gain any privilege simply because they may be shared in a joint defense
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communication. However, except as otherwise provided herein, this Agreement and the
joint defense, common interest, attorney-client and work product privileges do protect
against disclosure of (1) the fact that particular joint defense communications have been
made among any Parties or Joint Defense Participants, (2) the substance of any such
communications, and (3) any part of any memoranda or other materials or work product
that contains or refers to such joint defense communications.
10. Confidentiality of Joint Defense Information. Each Party and Joint
Defense Participant shall also take appropriate measures to maintain the confidentiality of
all Joint Defense Information. To the extent applicable, this Section 10 does not prohibit
a Party from sharing or discussing Joint Defense Information with employees, attorneys
and/or directors of a Party, provided that the individual receiving the Joint Defense
Information, as part of his or her responsibilities, is participating in the defense of the
sharing Party. The confidentiality obligations under this Agreement shall survive the
termination of the Agreement for any reason.
11. Not an Agreement to Violate any Law. This Agreement is in no way
intended to encourage or commit any violation of law, including but not limited to the
PRA, or any unlawful interference with any official proceeding. Each Party expressly
acknowledges and understands this.
12. Modification of Agreement—Addition of New Parties. This
Agreement may be modified only by all Parties signing a new writing. If new parties
wish to join, notice of such request shall be sent to all Parties. The new party shall be
allowed to join only upon receipt of a counterpart signature to this Agreement and the
receipt of a conflict of interest waiver, attached as Exhibit B from all the Parties. Such
signatures may be accomplished through counterparts, the originals of which shall be
collected and retained by OMW.
13. Right to Terminate Participation; Termination Is Prospective Only.
Each Party may terminate its participation in the joint defense effort and this Agreement
at any time. Termination shall be effective five (5) business days after the terminating
Party provides written notice of termination to OMW, in which case this Agreement shall
no longer be operative as to the terminating Party. Upon notification of termination
under this Section 13, a terminating Party shall continue to protect all Joint Defense
Information disclosed to the terminating Party before the terminating Party’s notification
of intent to terminate.
Termination of a Party’s participation under this Agreement shall not authorize
the former Party to thereafter disclose or use protected information or materials in any
manner that is inconsistent with this Agreement, nor shall it operate as a waiver of this
Agreement’s protections. A former Party and its Joint Defense Participants remain
bound to maintain the confidentiality of all information and materials they received under
this Agreement, consistent with the terms of this Agreement.
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A Party terminating its representation under this Agreement shall be obligated to
pay its proportional share of costs incurred through the date of its departure. Each Party
shall be individually liable for all costs associated with individual work requested from
OMW. Each Party agrees to indemnify and hold the other Parties harmless for the costs
which that Party individually incurs.
14. Injunctive Relief and Attorneys’ Fees. Each Party signing below agrees
that the other Parties to this Agreement would suffer irreparable harm for which there is
no adequate legal remedy if Joint Defense Information protected by this Agreement was
disclosed in violation of this Agreement. Therefore, each Party signing below agrees that
a court of competent jurisdiction may order immediate injunctive relief to prevent him,
her or it, or any of the Joint Defense Participants, from disclosing or threatening to
disclose any information or materials protected by this Agreement, without having to post
a bond. In any action or proceeding to enforce compliance with this Agreement, the
prevailing Party shall be entitled to recover all of its reasonable attorneys’ fees, costs and
disbursements incurred therein.
15. Effective Period of this Agreement. This Agreement and all of its terms
shall be deemed effective as of the date of the second signature hereto and shall remain in
effect until terminated by the resolution of the Refund Claim which shall be evidenced by
a termination letter provided by OMW. Any such termination shall be prospective only
and shall not affect the obligation to maintain the confidentiality of all information and
materials received under this Agreement. Any conclusion or resolution of the Refund
Claim as to any individual Party shall not operate to terminate this Agreement.
16. Agreement Fully Understood. Each Party signing below understands the
material facts and the terms of this Agreement, agrees to abide by those terms, and is
authorized to sign this Agreement. Each Party signing below represents that he, she or it
understands both the benefits to be gained by participating in a joint defense and
confidentiality agreement as well as the potential detriments of the same. By signing
below, each Party represents that it has determined, after consultation with counsel, that
the potential benefits of this Agreement outweigh its potential detriments.
17. Notice. The City Manager or Mayor of each entity shall designate a
representative (“Designated Representative”). Notice to the Designated Representative
shall be undertaken through e-mail contacts, provided, however, that any decision to
terminate the participation pursuant to Section 13 of any Party shall be given in writing to
OMW:
Ogden Murphy Wallace, P.L.L.C.
c/o Elana Zana
1601 Fifth Avenue
Suite 2100
Seattle, WA 98101
206-442-1308
{ERZ757860.DOC;1\00005.080018\ }
7 of 13
18. Choice of Law. This Agreement shall be governed by the Washington
common law of privilege and work product and shall relate back to, cover, include and
govern any and all information and strategy shared between the Parties or their counsel
before the execution of this Agreement in connection with the Refund Claim.
19. Complete Agreement. This Agreement constitutes the sole and complete
agreement between and among the Parties relating to Joint Defense Information. Nothing
herein is intended to affect any indemnification or other rights and obligations that may
exist between the Parties by virtue of other agreements.
20. Counterparts. This Agreement may be executed in several counterparts,
each of which shall be deemed an original, and all counterparts together shall constitute
but one and the same instrument.
ACCEPTED AND AGREED to this ___ day of , 2010.
OGDEN MURPHY WALLACE, PLLC
By:
Wayne Tanaka
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF BOTHELL
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF KIRKLAND
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF LAKE STEVENS
By:
Its:
{ERZ757860.DOC;1\00005.080018\ }
8 of 13
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF MARYSVILLE
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF MONROE
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF MOUNTLAKE TERRACE
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF MUKILTEO
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF REDMOND
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF SNOHOMISH
By:
Its:
{ERZ757860.DOC;1\00005.080018\ }
9 of 13
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF STANWOOD
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF WOODINVILLE
By:
Its:
{ERZ757860.DOC;1\00005.080018\ }
10 of 13
EXHIBIT A
HOURLY RATE SCHEDULE FOR
OGDEN MURPHY WALLACE
In consideration of the services to be performed, the Parties agree to pay OMW on a time
and reimbursable cost basis according to the following rate schedule:
Senior Members - $360/hour
Junior Members - $300/hour
Associates - $200/hour
Paralegals - $145/hour
The hourly rate is billed at tenths of an hour. Any and all associated costs will be directly
charged to the Parties.
{ERZ757860.DOC;1\00005.080018\ }
11 of 13
EXHIBIT B
POTENTIAL CONFLICT OF INTEREST WAIVER
Before engaging in the service as the legal representation for the Parties it is
necessary that Ogden Murphy Wallace, PLLC request a conflict waiver from each of the
cities involved.
The following jurisdictions have been invited to participate in this Joint Defense:
City of Bothell, City of Kenmore, City of Marysville, City of Mountlake Terrace, City of
Mukilteo, and City of Woodinville. Of these cities, Ogden Murphy Wallace represents
the cities of Mukilteo, Redmond, and Woodinville as city attorney (“client cities”). In the
past, we have represented Snohomish County, Shoreline and Bothell and have served as
the administrator and negotiator for consortiums of cities to negotiate franchises with
Verizon Northwest Inc. and the transfer to Frontier Communications Corporation.
Our Rules of Professional Conduct (the State standards governing our ethical
obligations) discourage us from representing the Parties as a group unless you each
consent after full disclosure. A risk of common representation is that there could arise a
future conflict between the parties. In the event of a future conflict, Ogden Murphy
Wallace, PLLC will withdraw from further representation of non-client cities in this
matter and will only represent our client cities. However, if we have acquired
confidential knowledge or information about any of the other Party that could be used to
the benefit of our client cities with regard to the conflict, we will withdraw from further
representation of all parties as it relates to the conflict. Obviously, our firm will at all
times take all reasonable steps to safeguard the confidentiality of all of your affairs as you
each may require.
We have concluded that the interests of each Party are aligned such that at present
there is no actual conflict of interest between the cities in this matter. We will, however,
be available to discuss any reservations that any of you have regarding these matters. We
also recommend that you review this letter with other legal counsel before making a
decision, but you are not obligated to do so if you do not wish to.
If the conditions contained in this letter meet with your approval, we ask that you
execute the enclosed copy of this letter, date it, and return it to Ogden Murphy Wallace
for our files.
ACCEPTED AND AGREED to this ___ day of , 2010.
OGDEN MURPHY WALLACE, PLLC
By:
Wayne Tanaka
{ERZ757860.DOC;1\00005.080018\ }
12 of 13
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF BOTHELL
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF KIRKLAND
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF LAKE STEVENS
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF MARYSVILLE
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF MONROE
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF MOUNTLAKE TERRACE
By:
Its:
{ERZ757860.DOC;1\00005.080018\ }
13 of 13
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF MUKILTEO
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF REDMOND
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF SNOHOMISH
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF STANWOOD
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF WOODINVILLE
By:
Its:
{ERZ763505.DOC;1\00005.080018\ }
JOINT DEFENSE AGREEMENT
COUNTERPART SIGNATURE PAGE
1. Execution of Joint Defense Agreement. The undersigned, an authorized
representative of the City of __________________, by executing this Counterpart Signature
Page, hereby becomes a signatory to that certain Joint Defense Agreement, attached hereto, in
connection with the claims for a refund of the city utility tax paid by Verizon Northwest Inc. on
its sales of digital subscriber line service during the period of January 1, 2005 through June 30,
2008, and any and all amendments thereto (collectively, the “Agreement”).
2. Agreement to Terms. The undersigned agrees to all terms of the Agreement,
and agrees to be bound by the terms and provisions thereof as they may be amended from time to
time.
DATED this ____ day of _______, 2010.
ACCEPTED AND AGREED to this ___ day of , 2010.
OGDEN MURPHY WALLACE, PLLC
By:
Wayne Tanaka
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF ANACORTES
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF ARLINGTON
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF MOUNT VERNON
{ERZ763505.DOC;1\00005.080018\ }
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF OAK HARBOR
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF WENATCHEE
By:
Its:
{ERZ763505.DOC;1\00005.080018\ }
TO EXHIBIT B
REVISED POTENTIAL CONFLICT OF INTEREST WAIVER
Before engaging in the service as the legal representation for the Parties it is necessary
that Ogden Murphy Wallace, PLLC request a conflict waiver from each of the cities involved.
The following jurisdictions have been invited to participate in the Joint Defense
Agreement:
City of Anacortes
City of Arlington
City of Bothell
City of Kirkland
City of Lake Stevens
City of Marysville
City of Monroe
City of Mount Vernon
City of Mountlake Terrace
City of Mukilteo
City of Oak Harbor
City of Redmond
City of Snohomish
City of Stanwood
City of Wenatchee
City of Woodinville
Of these cities, Ogden Murphy Wallace represents the cities of Mukilteo, Monroe, Redmond,
and Woodinville as city attorney (“client cities”). In the past, we have represented Marysville,
Mountlake Terrace, and Bothell and have served as the administrator and negotiator for
consortiums of cities to negotiate franchises with Verizon Northwest Inc. and the transfer to
Frontier Communications Corporation.
Our Rules of Professional Conduct (the State standards governing our ethical obligations)
discourage us from representing the Parties as a group unless you each consent after full
disclosure. A risk of common representation is that there could arise a future conflict between
the parties. In the event of a future conflict, Ogden Murphy Wallace, PLLC will withdraw from
further representation of non-client cities in this matter and will only represent our client cities.
However, if we have acquired confidential knowledge or information about any of the other
Party that could be used to the benefit of our client cities with regard to the conflict, we will
withdraw from further representation of all parties as it relates to the conflict. Obviously, our
{ERZ763505.DOC;1\00005.080018\ }
firm will at all times take all reasonable steps to safeguard the confidentiality of all of your
affairs as you each may require.
We have concluded that the interests of each Party are aligned such that at present there is
no actual conflict of interest between the cities in this matter. We will, however, be available to
discuss any reservations that any of you have regarding these matters. We also recommend that
you review this letter with other legal counsel before making a decision, but you are not
obligated to do so if you do not wish to.
If the conditions contained in this Revised Potential Conflict of Interest Waiver meet with
your approval, we ask that you execute this letter, date it, and return it to Ogden Murphy Wallace
for our files.
DATED this ____ day of _______, 2010.
ACCEPTED AND AGREED to this ___ day of , 2010.
OGDEN MURPHY WALLACE, PLLC
By:
Wayne Tanaka
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF ANACORTES
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF ARLINGTON
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF MOUNT VERNON
By:
Its:
{ERZ763505.DOC;1\00005.080018\ }
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF OAK HARBOR
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF WENATCHEE
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF BOTHELL
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF KIRKLAND
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF LAKE STEVENS
By:
Its:
{ERZ763505.DOC;1\00005.080018\ }
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF MARYSVILLE
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF MONROE
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF MOUNTLAKE TERRACE
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF MUKILTEO
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF REDMOND
By:
Its:
{ERZ763505.DOC;1\00005.080018\ }
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF SNOHOMISH
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF STANWOOD
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF WOODINVILLE
By:
Its:
City of Arlington
Council Agenda Bill
AGENDA ITEM:
Public Hearing #1
ATTACHMENT C
COUNCIL WORKSHOP DATE:
March 1, 2010
SUBJECT: Sewer Rate Increase DEPARTMENT OF ORIGIN:
Public Works – Utilities Division
James Kelly
ATTACHMENTS:
• Draft Ordinance
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: N/A
LEGAL REVIEW: Pending final review by City Attorney
DESCRIPTION: This is a proposed ordinance raising the Monthly Sewer Service Charges as
shown in the attached Monthly Sewer Service Charges Ordinance. A Public Hearing regarding
the increase in Monthly Sewer Service Charges will be held per the below schedule:
- March 1, 2010 Public Hearing
- March 15, 2010 Public Hearing
- April 5, 2010 Council consideration and potential action
HISTORY: The City of Arlington’s Wastewater Treatment Plant (WWTP) reached the 85%
inflow capacity level in 2005 which triggered a state and federal requirement that the plant
capacity be increased. This, coupled with increasingly stringent discharge requirements from a
federally mandated state clean-up plan for the Stillaguamish River, required that the City
upgrade the both the capacity and treatment technology of the WWTP. The City is currently
constructing the necessary expansion and upgrades to the WWTP. Following a funding study,
the Sewer Connection Fee was increased to $8,400.00 per ERU in December 2008 to allow new
connections to pay their fair, proportionate share of the existing sewer system and of the
upgrades and expanded WWTP. It is now time for the existing customers to pay their fair,
proportionate share of the WWTP treatment process upgrade through increased Monthly
Sewer Service Charges.
ALTERNATIVES:
Table for further Discussion
RECOMMENDED ACTION:
No action requested - continue public hearing.
Ordinance 1480 Page 1
ORDINANCE NO. 1480
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
REGARDING MONTHLY SEWER CHARGES
WHEREAS, the City of Arlington, Washington has the authority to enact laws to
promote the health, safety and welfare of its citizens; and
WHEREAS, the City of Arlington is in the process of upgrading the treatment processes
of the existing wastewater treatment plant in order to meet new Department of Ecology discharge
standards designed to increase water quality in the Stillaguamish River and the Puget Sound; and
WHEREAS, the City of Arlington is in the process of upgrading the treatment processes
of the existing wastewater treatment plant in order to meet the new discharge limitations
contained in the reissued NPDES permit; and
WHEREAS, the City of Arlington has incurred debt for the wastewater treatment plant
upgrade project; and
WHEREAS, the City of Arlington continues to examine equitable monthly sewer charges
for sewer service, and believes that amending the current monthly sewer charges is necessary
and fair to equitably allocate debt repayment costs ;
NOW, THEREFORE, be it ordained by the City Council of the City of Arlington as
follows:
Section 1. Arlington Municipal Code section 13.12.115 shall be and hereby is modified
to read as follows:
13.12.115 Residential and other sewer rates and charges. State and city utility taxes shall be
added to the following rates and charges for sewer service. The effective dates for the following
four-year plan will be based on the city's billing cycle for use beginning on April 15, 2010, and
January 15th of each year thereafter:
Sewer Charges (Monthly) 2010 2011 2012 2013
Base rate per residential unit $53.75 $58.75 $63.75 $68.75
Beginning on January 15, 2014, and on January 15th
each year thereafter, the rates set forth for
the year 2013, or in the previous billing year, shall be increased annually by the percentage
increase of the Consumer Price Index (CPI) for the Seattle-Tacoma-Bremerton area for All
Urban Consumers, or other measure commonly used by the city should it change provided,
however, that notwithstanding any reduction in the CPI, rates shall not decrease.
Ordinance 1480 Page 2
Section 2. Arlington Municipal Code section 13.12.120 shall be and hereby is modified
to read as follows:
13.12.120 Commercial classification and sewer rates and charges.
(1) All sanitary sewerage users consisting of any public or private premises not classified
under Section 13.12.110 or classified as an industrial user under Section 13.12.121, shall
be classified as commercial and charged upon the basis of water consumption. State and
city utility taxes shall be added to the following rates and charges for sewer service. The
effective dates for the following four-year plan will be based on the city's billing cycle for
use beginning on April 15, 2010 and January 15th of each year thereafter. Each user shall
pay a minimum monthly charge of one base rate plus a volume rate for all consumption
over three hundred cubic feet per month.
Sewer Charges (Monthly) 2010 2011 2012 2013
Base rate (includes 300 cubic
feet per month) $53.75 $58.75 $63.75 $68.75
Volume rate (per 100 cubic
feet per month) $5.55 $6.10 $6.60 $7.10
Beginning on January 15, 2014, and on January 15th
(2) The Finance Director may elect to bill the user for the user’s sanitary sewerage charges
during each calendar year upon a fixed monthly basis determined on or about April 1st
each year by computing the average monthly water consumption for the period from
November 15th of the preceding year to March 15th of the following year and charging
rates based upon such average monthly water consumption. Where there is no history of
the November 15th to March 15th period, the charges shall be based upon actual
consumption until such a history exists.
each year thereafter, the rates set
forth for the year 2013, or in the previous billing year, shall be increased annually by the
percentage increase of the Consumer Price Index (CPI) for the Seattle-Tacoma-
Bremerton area for All Urban Consumers, or other measure commonly used by the city
should it change, provided, however, that notwithstanding any reduction in the CPI, rates
shall not decrease.
(3) Where the use of water is such that a portion of all water used is lost by evaporation,
irrigation, sprinkling or other causes, upon proof to the city of such fact and of the
amount of water so lost, any such user may have his charges changed to reflect such
water loss.
(4) If more than one such user is located in any one building or upon any one lot, each month
each such user shall separately pay their proper rate for sewage disposal service.
Ordinance 1480 Page 3
(5) The above rates are established for general sewer service conditions. Where special
conditions affect the sewage load or where a service from a single building or lot
discharges the combined waste from two or more businesses or users on a single water
meter, the proration of the rate shall be set by the city, taking into account the sewage
services provided or to be provided, but in no event shall the charge for each such user be
less than the minimum charges set forth in Sections 13.12.100 through 13.12.140 of this
chapter.
Section 3. Arlington Municipal Code section 13.12.121 shall be and hereby is modified
to read as follows:
13.12.121 Industrial user classification and charges. Beginning on April 15, 2010, and January
15th of each year thereafter, the rates and charges for industrial users, as defined in Section
13.08.213, 13.08.215 and 13.40 of this code, shall be as follows:
(1) All user charges shall be based upon equitable unit charges established for Flow, BOD
(biochemical oxygen demand) loading and TSS (total suspended solids) loading, based
upon the average BOD, TSS and other parameter(s) concentrations (as established by the
Public Works Director) monitored for the industrial user and the flow recorded in the
monitoring manhole or water use.
(2) A minimum monthly charge will be established by the city to cover the basic sewer costs
and monitoring of the industrial user's wastewater discharge, and in the event the
monthly sewer bill does not exceed this amount, the industrial user shall agree to pay the
estimated minimum monthly charge. This charge shall be reviewed from time to time and
adjusted to ensure the charge is covering the monitoring services and sewer costs
provided and must be reviewed every two years. Initially, the monthly charges shall be
based on the following, unless otherwise established in the negotiated discharge permit:
(A) For an industrial user with waste strength less than two hundred fifty mg/l,
measured as five-day BOD and TSS, and other parameters within limits established
in Sections 13.08.213, 13.08.215 and 13.40 of this title, and whose discharge does
not require regular monitoring other than flow, the minimum monthly charge is as
set forth below:
Sewer Charges (Monthly) 2010 2011 2012 2013
waste strength <250 mg/l $330.00 $360.00 $390.00 $420.00
Ordinance 1480 Page 4
(B) For an industrial user with waste strength in excess of two hundred fifty mg/l for
two months or more per year, the minimum monthly charge is as set forth below:
Sewer Charges (Monthly) 2010 2011 2012 2013
waste strength >250 mg/l $1,320.00 $1,440.00 $1,570.00 $1,690.00
(C) Beginning January 15, 2014, and on January 15th
(3) Until such time as a sewer user charge analysis can be conducted to establish equitable
charges under a negotiated discharge permit between the city and the industrial user, the
following shall be used as the basis for industrial user charges:
each year thereafter, the charges
set forth in subsections (2) (A) and (2) (B) of this section, shall be increased
annually, by the percentage increase of the Consumer Price Index (CPI) for the
Seattle-Tacoma-Bremerton area for All Urban Consumers, or other measure
commonly used by the city should it change, provided, however, that
notwithstanding any reduction in the CPI, rates shall not decrease.
(A) Flow based charge per cubic foot of wastewater discharged;
(B) BOD charge per pound of BOD discharged;
(C) TSS charge per pound of TSS discharged;
Sewer Charges (Monthly) 2010 2011 2012 2013
Flow-based charge (per cubic foot) $0.01580 $0.01730 $0.01880 $0.02030
BOD charge (per pound BOD) $0.495 $0.540 $0.590 $0.635
TSS charge (per pound TSS) $0.330 $0.360 $0.390 $0.420
(4) Flow shall be based upon one hundred percent of the water consumption or flow of
wastewater discharge into the sewer (measured in an industrial user installed flow
measurement and recording equipment installed in control manhole, pursuant to Section
13.40 of this title). Strength of wastewater discharged shall be established based upon
twenty-four-hour composite samples made by the city at the control manhole and tested
by the city's wastewater treatment plant laboratory or state certified testing laboratory.
All testing shall be in accordance with the latest edition of "Standard Methods for
Examination of Water and Wastewater," APHA, AWWA and WPCF. BOD and TSS,
pounds per day, shall be calculated based upon concentration of composite samples and
established flow rates.
Ordinance 1480 Page 5
(5) Appeal.
(A) If any user believes that a portion of the user’s metered flow, larger than ten percent,
is not discharged into the sewer system (when flow measurement is not provided in
the control manhole), the user should make written application to the Public Works
Director for review of the user's flow of wastewater. If the Public Works Director
agrees that charges for the user should be adjusted, he or she shall so notify the city
council, which may approve such change, or direct a recomputation of the user's
sewer rates.
(B) If the Public Works Director does not agree to the adjustment of user charges, the
user may further appeal to the city council, which may take such other action as it
deems appropriate or direct further study.
Section 4. Arlington Municipal Code section 13.12.125 shall be and hereby is deleted in
its entirety.
Section 5. Severability.
Section 6.
Should any section, paragraph, sentence, clause or phrase of
this ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be preempted by state
or federal law or regulation, such decision or preemption shall not affect the validity of the
remaining portions of this ordinance or its application to other persons or circumstances.
Effective Date.
The title of this ordinance, which summarizes the contents of
this ordinance, shall be published in the official newspaper of the City. The ordinance shall take
effect and be in full force five (5) days after the date of publication; provided, however, that the
rates and charges set forth herein shall not be effective prior to April 15, 2010
PASSED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE ____
DAY OF _____________, 2010.
CITY OF ARLINGTON
By___________________________________
Margaret Larson, Mayor
Attest:
________________________________
Kristin Banfield, City Clerk
Approved as to form:
__________________________________
Steven J. Peiffle, City Attorney
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #1
ATTACHMENT D
COUNCIL MEETING DATE:
March 1, 2010
SUBJECT: 2010 Airport Budget
Amendment
DEPARTMENT OF ORIGIN:
Airport
ATTACHMENTS: Budget Amendment Breakdown
EXPENDITURES REQUESTED: $166,000
BUDGET CATEGORY: Airport Improvement Fund
LEGAL REVIEW: None
DESCRIPTION: This item involves amending the 2010 Airport Budget by $80,000 for the
installation of lighting on the west ramp, a construction project that is being carried
over from 2009; amending the budget by $85,000 for Lot 44 Roof Improvements and
Miscellaneous building improvements; and amending the budget by $1,000 in
additional funding for seeding the landfill based on updated cost estimates. The
amendment also includes re-dedicating the $40,842 originally budgeted in 2010 for
improvements for the M&O Office building to improvements to Lot 108. Lot 108 sits
adjacent to the city shop compound and is currently vacant. Based on discussions with
the Airport Commission it is staff’s intention to demolish the existing building on the
site so the lot can become available for lease. The funds are being re-dedicated because
the city has received a grant for the M&O office building improvements. A breakdown
of the amendments is attached.
HISTORY: The funds for the west ramp lighting being carried over were originally
budgeted in the CIP Fund but in 2010 will be paid for out of the Airport Improvement
Fund. Adequate funds are available in the Airport Improvement Fund to fund the
amendments. After the amendments the estimated end of year balance for 2010 for the
Airport Improvement Fund is $335,323. The Airport Commission approved the budget
amendment at their February 9th meeting.
ALTERNATIVES: Approve with modifications
Table
Deny
RECOMMENDED ACTION: The Airport Commission recommends amending the 2010
budget by $166,000 and to redirect the $40,842 originally dedicated for M&O office
improvements to Lot 108 improvements.
Budget Amendment Breakdown
Airport Improvement Fund
Revenue
2010 Beginning Fund Balance 569,253.00$
Transfer from Airport Operating Budget 450,144.00$
Interest 2,500.00$
Total Revenue 1,021,897.00$
Expenditures (Funds anticipated to be spent in 2010)
2010 Budgeted Projects 450,144.00$
Projects Currently Under Contract 70,430.00$
REQUESTED AMENDMENTS
#1 West Ramp Lighting 80,000.00$
#2 Lot 44 Roof & Msc. Building Improvements 85,000.00$
#3 Additional Funds for Landfill Seeding 1,000.00$
Total Anticipated Expenditures 686,574.00$
Estimated End of Year Cash Balance 335,323.00$
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #2
ATTACHMENT E
COUNCIL MEETING DATE:
March 1, 2010
SUBJECT:
Authority to Bid for Gifford Avenue
Sidewalk (ARRA funded project)
DEPARTMENT OF ORIGIN:
Public Works
ATTACHMENTS:
• Bid Tab
EXPENDITURES REQUESTED: $97,757.32
BUDGET CATEGORY: Transportation Improvement Fund –
ARRA Grant Funding
LEGAL REVIEW: City Attorney will review contract
documents prior to Mayor’s Signature
DESCRIPTION: On February 11, 2010 the City opened bids for the Gifford Avenue
Sidewalk Project. Eleven bids were received and the apparent low bidder is R Custom
Excavation of Port Orchard Washington with a bid of $97,757.32. Staff has researched
qualifications, references and state licensing requirements; all are satisfactory. The City
is ready to award the contract to R Custom Excavation.
HISTORY: The Gifford Avenue Sidewalk project is part of the Transportation Capital
Improvement Program (CIP). This project generally consists of the installation of
approximately 1600 linear feet of 5 foot wide permeable concrete sidewalks and
associated items along Gifford Avenue. Work shall also include the installation of curb,
gutter, ADA ramps, driveways, surface restoration and other required items to make
this project complete. This project is funded with a $92,000.00 ARRA Grant and Traffic
Mitigation funds.
ALTERNATIVES:
• Remand to staff for additional information
• Table pending further discussion
RECOMMENDED ACTION:
Motion to Award the Gifford Sidewalk Project to R Custom Excavation in the amount of
$97,757.32 and, subject to approval by the City Attorney, authorize the Mayor to sign the
construction contract.
Date: February 11, 2010
Project: Gifford Sidewalk Project
Company Bid Amount
R Custom Excavation, Inc. – Port Orchard, WA $97,757.32
Global Contractors, LLC – Puyallup, WA $101,770.00
Taylor’s Excavating – Stanwood, WA $141,978.75
Reece Trucking Exc., Inc. – Marysville, WA $144,153.27
Northend Excavating Inc. – Granite Falls, WA $154,535.88
Precision Earthworks – Mukilteo, WA $157,770.00
RJ Lampers Const. Co., Inc. – Snohomish, WA $167,268.50
Story Construction, Inc. – Marysville, WA
$169,610.00
Schwetz Const., Inc. – Sedro Woolley, WA $170,925.64
LMH Construction – Tulalip, WA $173,096.25
Greyco Excavating, LLC – Lake Stevens, WA $180,686.50
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #3
ATTACHMENT F
COUNCIL MEETING DATE:
March 01, 2010
SUBJECT:
Council will select a Draft Shoreline jurisdiction
map that will be used for the next phase of the
SMP process.
DEPARTMENT OF ORIGIN:
Community Development
ATTACHMENTS:
1. Memo with Map Option #2, identifying South Slough for additional analysis
2. Schedule of SMP process
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: Shoreline Master Planning
LEGAL REVIEW: Will review prior to Council meeting
DESCRIPTION:
One of the first phases of the Shoreline master planning process is creating draft maps
indicating where the new shoreline jurisdiction will be located. The Map Option #2 best fits the
proposed land use map adopted in the City Comprehensive Plan.
HISTORY:
The draft maps have been presented to the City Council and Planning Commission. During the
February 18, 2010 Planning Commission meeting they recommended the City move forward
with the Shoreline Master Plan (SMP) process with Map Option #2, with the addition of South
Slough as the initial footprint of the Draft Shoreline Jurisdictional boundary. The attached
memo and map Option #2 includes South Slough as an area of additional analysis. There will
be opportunities to adjust the map as necessary following the Phase 2 technical assessments and
public open house recommendations. See attached schedule.
ALTERNATIVES:
1. Select Option #2, without the addition of South slough
2. Select a different option
RECOMMENDED ACTION:
Move to accept the Map Option #2 as the Draft Shoreline Jurisdiction Map, with the
identification of South Slough as an area of additional analysis
Page 1 of 1
Community Development
Permit Assistance and Community Resources Memorandum
TO: Arlington City Council, David Kuhl
FROM: Bill Blake, Assistant Director Community Development
DATE: February 22, 2010
SUBJECT: Shoreline Master Plan Update Draft Jurisdictional Map
The Option # 2 map below best fits the zoning and desired land uses identified in
the City Comprehensive Plan. The Planning Commission recommended we include
South Slough in the Shoreline jurisdiction. Selection of Option #2 and the
identification of South Slough for additional analysis as shown below would
recognize the Planning Commission recommendation and support the gathering of
technical information necessary to make the proper scientific determination.
Area of
Additional
Analysis
City of Arlington SMP Update Schedule BBlake
TASK YEAR 1 2009 YEAR 1 2010
PHASE 1 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
1.1 Preliminary Shoreline Jurisdiction Map
1.2 Public Participation Plan
1.3 SMP Completed Checklist – as needed
PHASE 2
2.1Complete Shoreline Inventory
2.2Conduct Shoreline Analysis
2.3Prepare Shoreline Inventory and Characterization Report
2.Phase 2 Ecology Guideline Checklist
TASK Year 2 2010 YEAR 2 2011
2.3Prepare Shoreline Inventory and Characterization Report
2.Phase 2 Ecology Guideline Checklist
PHASE 3
3.1 Conduct Community Visioning
3.2 General Goals and Policies
3.3 Develop Environment Designations
3.4 Use Regulations and Standards
3.5SMP Administrative Provisions
3.6 Prepare Preliminary Cumulative Impacts Analysis
3.7Phase 3 Ecology Guideline Checklist
TASK Year 3 2011
PHASE 4
4.1Prepare restoration plan
4.2Revisit draft and Cumulative Impacts, Finalize Maps
4.3Prepare No Net Lost Report
4.4Phase 4 Ecology Guideline Checklist
PHASE 5
5.1 Assemble Complete Draft
5.2 – 5.7 SEPA, GMA, SMP Adoption Process
■ – Completed
■ – In Process
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #4
ATTACHMENT G
COUNCIL MEETING DATE:
March 1, 2010
SUBJECT:
Resolution to place before the voters the
establishment of a permanent Emergency
Medical Services (EMS) levy at the 11/2/2010
General Election
DEPARTMENT OF ORIGIN:
Legal
Contact: Steve Peiffle
ATTACHMENTS:
Proposed Resolution requesting the establishment of a permanent Emergency Medical Services
(EMS) Levy
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: None
LEGAL REVIEW: City Attorney prepared the proposed
resolution
DESCRIPTION:
At the February 16, 2010 Council meeting, the City Council directed staff to prepare a resolution
to place renewal of the Emergency Medical Services Levy on the November 2, 2010 ballot.
HISTORY:
The current EMS levy was approved by the voters in 2004 with an effective date of January
2005. This levy was for a six year levy period and was initially set for $.50 per $1,000 assessed
valuation (AV). However, due to revenue limitation legislation the levy rate has eroded to
$.39/$1,000 AV. t this rate insufficient funds are raised to keep pace with current operating
costs and there are no equipment replacement funds available.
ALTERNATIVES:
Defer placing the initiative on the ballot until 2011.
RECOMMENDED ACTION:
I move that staff is hereby directed to prepare a resolution to place on the 11/2/10 ballot a
permanent levy for EMS service for consideration at the next council meeting.
Page 1
RESOLUTION 2010--_______
A RESOLUTION OF THE CITY OF ARLINGTON REQUESTING THE ESTABLISHMENT
OF A PERMANENT EMERGENCY MEDICAL SERVICES (EMS) LEVY.
WHEREAS, emergency medical service (EMS) to the residents of the City of Arlington
(the “City”) is an essential element of the city’s services to its citizens; and
WHEREAS, the City and areas surrounding the City have experienced a rapid growth in
the number of residents; and
WHEREAS, the growing population has resulted in increased need for EMS services;
and
WHEREAS, RCW 84.52.069 authorizes the establishment of a permanent EMS levy
upon approval of the voters; and
WHEREAS, the increasing costs of providing EMS services and the cost of repeated
requests for renewal of levies may not be in the best interests of the citizens;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ARLINGTON:
Section 1
. There shall be submitted to the qualified electors of the City for their ratification or
rejection, at an election to be held by mail-in ballots on November 2, 2010, the question of
whether or not a tax, not to exceed FIFTY CENTS ($.50) PER THOUSAND DOLLARS
($1,000.00) of assessed valuation should be levied in each year permanently. All taxes collected
pursuant to this levy shall be used only for the provision of emergency medical care or
emergency medical services including related personnel costs, advanced life-supporting training,
and related equipment, supplies, vehicles and structures needed for the provision of emergency
medical care or emergency medical services.
Section 2
. The Mayor and City Clerk are authorized and directed to certify a copy of this
resolution and submit it to the Snohomish County Auditor. The Auditor of Snohomish County,
as ex officio of elections, is hereby directed to place a proposition worded substantially as
follows on the general election mail-in ballot scheduled for November 2, 2010:
CITY OF ARLINGTON FIRE DEPARTMENT PERMANENT
LEVY FOR EMERGENCY MEDICAL SERVICES
PROPOSITION 1
Shall the City of Arlington be authorized to impose a PERMANENT regular
property tax levy of $.50 or less per thousand dollars of assessed valuation for emergency
medical services?
Yes .............. □
No ................ □
Page 2
Section 3
. In accordance with RCW 84.52.069, the funds raised by such levy shall be used only
for the provision of emergency medical services, including related personnel costs, training for
such personnel, and related equipment, supplies, vehicles and structures needed for the provision
of emergency medical services.
Section 4
. The tax levy provided for herein must be approved by a majority of at least three-
fifths (3/5) of the registered voters of City of Arlington voting on the proposition, at which
election the number of persons voting “yes” on the proposition shall constitute three-fifths (3/5)
of a number equal to forty (40) percent of the total votes cast in the City at the last preceding
general election, when the number of registered voters voting on the proposition does not exceed
forty (40) percent of the total votes cast in the City in the last preceding general election; or by a
majority of at least three-fifths (3/5) of the registered voters of the City voting on the proposition
to levy when the number of registered voters on the proposition exceed forty (40) percent of the
total votes cast in the City in the last preceding election.
Section 5
. For accounting purposes the City shall maintain records of receipt and expenditure of
the tax levy funds, and such records shall be available to the public at no charge.
Section 6
. A referendum petition to remove the emergency medical services levy may be filed at
any time with the City Clerk, as the filing officer of the City. Within ten days of the filing of the
petition, the City Clerk shall confer with the petitioner concerning the form and style of the
petition, issue the petition an identification number and prepare an accurate, concise and positive
ballot title. The petitioner shall have thirty days after receiving the ballot title to obtain the
signatures of not less than fifteen percent of the registered voters of the City as of the last general
election. The petition forms shall contain the ballot title and the full text of the measure to be
referred. Upon return of the petition, the City Clerk, as filing officer, shall verify the sufficiency
of the signatures on the petition with the County elections department. If the petition contains
sufficient valid signatures, the City Clerk shall certify the referendum measure to the next
election to be held in the City; provided however, if an election is not scheduled within 180 days
from the date of the filing of the petition, the City Clerk shall certify the referendum measure to a
special election to be called for that purpose in accordance with RCW 29.13.020.
Section 7
. The City Clerk is directed (a) to certify to the Auditor a copy of this Resolution No.
2010-____ showing its adoption by the City Council at least 45 days prior to the date of such
election; and (b) to perform such other duties as are necessary and required by law in submitting
to the voters of the City at the aforesaid election the proposition of whether such excess tax levy
shall be made.
Section 8. Severability
. In the event any one or more of the provisions of this resolution shall
for any reason be held invalid, such invalidity shall not affect or invalidate any other provisions
of this resolution, but this resolution shall be constructed and enforced as if such invalid
provision had not been contained therein; provided, that any provision which shall for any reason
be held by reason of its extent to be invalid shall be deemed to be in effect to the extent permitted
by law.
Page 3
Passed at a regular meeting this _______ day of ________________, 2010.
CITY OF ARLINGTON
____________________________________
Margaret Larson
Mayor
Attest:
_______________________________
Kristin Banfield
City Clerk
Approved as to form:
_______________________________
Steven J. Peiffle
City Attorney
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #5
ATTACHMENT H
COUNCIL MEETING DATE:
March 1, 2010
SUBJECT:
Tri-Agency Interlocal Agreement for
Emergency Management Planning and
Coordination
DEPARTMENT OF ORIGIN:
Executive / Legal
Contact: Allen Johnson / Steve Peiffle
ATTACHMENTS:
Tri-Agency Interlocal Agreement for Emergency Management Planning and Coordination
EXPENDITURES REQUESTED: $38,900 plus employee benefit costs
BUDGET CATEGORY: General Fund (Executive Budget)
LEGAL REVIEW: City Attorney prepared the ILA
DESCRIPTION:
The purpose of the Tri-Agency Interlocal Agreement is to provide the services of emergency
management planning, development of common emergency management activities and
emergency management training for the City, the School District, and the Hospital District. The
term of the ILA is 1 year, with a 1 year automatic renewal if the parties are satisfied with the
progress. The three agencies will, prior to September 30, 2010, review the services and determine
whether any party desires to terminate this Agreement. The three agencies also agree to review
future financial participation at that time.
HISTORY:
The City, Arlington School District, and Cascade Valley Hospital had a similar interlocal that
expired December 31, 2009.
The Council reviewed the ILA at the February 22, 2010 Council Workshop and requested it be
placed on the March 1, 2010 agenda for action.
ALTERNATIVES:
Remand to staff with specific direction on changes to the ILA
Do not approve the ILA
RECOMMENDED MOTION:
I move that Council approve the Tri-Agency Interlocal Agreement for Emergency Management
Planning and Coordination and authorize the Mayor to sign the document.
1
INTERLOCAL AGREEMENT FOR
EMERGENCY MANAGEMENT PLANNING
AND COORDINATION
THIS AGREEMENT (the “Agreement”) is entered into pursuant to the Interlocal
Cooperation Act, Chapter 39.34 RCW, by and between the City of Arlington, a municipal
corporation of the State of Washington (hereinafter referred to as “City”), the Arlington School
District, a municipal corporation of the State of Washington (hereinafter referred to as
“District”), and Public Hospital District Number 3 of Snohomish County, a municipal
corporation of the State of Washington (hereinafter referred to as “Hospital”). The City, District
and Hospital are herein referred to as “the parties”.
WHEREAS, the parties to this Agreement have a common interest in developing
emergency management plans in accordance with relevant comprehensive emergency
management plans and programs pursuant to Chapter 38.52 RCW; and
WHEREAS, the parties can benefit by having a single Emergency Management
Coordinator (“the Coordinator”) to coordinate the development of the various emergency plans
for the parties; and
WHEREAS, the parties believe that it is in their best interest to continue to provide and
coordinate emergency management services as provided herein;
NOW, THEREFORE, the City, District and Hospital agree as follows:
1. Purpose. The purpose of this Agreement is to provide the services of emergency
management planning, development of common emergency management activities and
emergency management training for each of the parties to this Agreement.
2
2. Term
3.
. The term of this Agreement shall be for one (1) year, commencing March
1, 2010 and terminating on February 28, 2011 Notwithstanding the foregoing, unless any
party gives notice to all other parties of its intent to terminate this Agreement at least
thirty (30) days prior to February 28, 2011, this Agreement shall automatically renew for
one (1) additional year to terminate on February 29, 2012. Furthermore, any party may
give written notice to terminate the Agreement at any time. The date of termination shall
be as stated in the notice, provided, however, that no such notice shall be effective sooner
than sixty (60) days prior to the proposed termination.
Oversight Committee
a.
. An oversight committee (the “Oversight Committee”)
comprised of the City Administrator, District Superintendent and the Hospital
Administrator shall be formed. This committee shall work directly with the City’s Fire
Chief in the administration of this Agreement.
Meetings
b.
. The Oversight Committee may meet at such times and
locations as may be set by the Committee.
Review and Evaluation
c. Review of Agreement. The Oversight Committee shall, prior to
September 30, 2010, review the services under this Agreement and shall
investigate whether any party desires to terminate this Agreement. The
Committee shall review future financial participation of all parties in the event the
. The Oversight Committee shall, from time to
time, periodically review and evaluate the services that are provided pursuant to
this agreement. It may recommend rules and regulations to govern the provision
of services under this Agreement, and may recommend revisions to this
Agreement to the parties hereto.
3
Agreement renews. Any changes to the Agreement or the financial participation
of any party shall be made pursuant to paragraph (7) below.
4. City as Administrator
a. During the term of this Agreement, the City shall furnish emergency
management services, including coordination for the development of common
Comprehensive Emergency Management Plans, Continuity of Operations Plans,
and Emergency Operations Plans and other type plans, such as: Pandemic Flu
Plans that will enhance and compliment the emergency management needs for
each of the parties to this Agreement.
. The City shall provide the administration necessary to
supervise the services provided under this Agreement, subject to its duties to report to the
District and Hospital as set forth below.
b. The emergency management services shall be rendered for the benefit of
Hospital & District on the same basis as such services are rendered to persons
within the city limits of Arlington, but the City assumes no liability for failure to
provide such services by reason of any circumstances beyond its control.
c. It shall be the duty of the City during the term of this Agreement to
employ the Coordinator. It is agreed by all parties that the salary costs of the
Coordinator shall be divided as follows:
1. City 46.98% ($38,900.00 per annum)
2. Hospital 46.98% ($38,900.00 per annum)
3. District 6.04% ($5,000.00 per annum)
4
Unless the Agreement is sooner terminated, the Committee shall review the cost
sharing of the Coordinator set forth herein to determine whether the same is
equitable or should be modified effective March 1, 2011.
d. The City shall fund the Coordinator’s employee benefit costs.
e. The City shall invoice the District and Hospital for their share of the
Coordinator’s salary costs. Terms and conditions of the Coordinator’s
employment shall be determined by the City. It is agreed that the District and the
Hospital may participate in the recruitment and selection of the Coordinator.
f. It shall be the duty of the Coordinator to meet with staff of the District and
the Hospital in the development of the various plans, activities and training
exercises.
g. The City shall be responsible for the supervision, employment,
termination, assignment of all personnel and equipment performing under this
Agreement.
h. The City shall consult with the Oversight Committee so that an
appropriate level of service is provided.
5. Liability. Each of the Parties to this Agreement shall, at all times, be solely
responsible for the acts and omissions of its personnel that occur or arise in any way out
of the performance of this Agreement by its personnel only, and shall save and hold the
other Parties and their personnel harmless from all costs, expenses, losses, and damages,
including costs of defense, incurred as a result of any acts or omissions of the Party’s
personnel relating to the performance of this Agreement.
5
6. Reports
7.
. The City shall provide the District and the Hospital with a written report
not less than quarterly indicating the activities that have been performed by the
Coordinator.
Modification
8.
. This Agreement represents the entire agreement between the
Parties. No notice of termination or attempted waiver of any of the provisions of this
Agreement shall be binding on any Party unless executed in writing by an authorized
representative of said Party. The Agreement shall not be modified, supplemented or
otherwise affected by the course of dealing between the Parties, and shall only be
modified by written agreement of all Parties.
Benefits
9.
. This Agreement is entered into for the benefit of the Parties hereto only
and shall confer no benefits, direct or implied, on any third persons.
Notices
10.
. All notices, requests, demands and other communications required by
this Agreement shall be in writing, and except as expressly provided elsewhere in this
Agreement, shall be deemed to have been given at the time of delivery if personally
delivered or at the time of mailing if mailed by first class, postage pre-paid and addressed
to the receiving Party at the address as stated below or at such address as any Party may
designate at any time in writing.
Multiple Counterparts
DATED THIS _____ day of ______________, 2010.
. This Agreement may be executed in multiple
counterparts, each of which shall be considered an original. Executed counterparts shall
be kept on file in the Arlington City Clerk’s Office.
CITY OF ARLINGTON
6
________________________________________
Margaret Larson, Mayor
Address for notice purposes:
238 N. Olympic Avenue
Arlington, WA 98223
ATTEST:
______________________________________
Kristin Banfield, City Clerk
ARLINGTON SCHOOL DISTRICT
________________________________________
_______________________
Board Chair
Address for notice purposes:
315 N. French Street
Arlington, WA 98223
CASCADE VALLEY HOSPITAL
_________________________________________
Clark Jones, Administrator
Address for notice purposes:
330 S. Stillaguamish Avenue
Arlington, WA 98223
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #6
ATTACHMENT I
COUNCIL MEETING DATE:
March 1, 2010
SUBJECT:
Approval of Tourism / Economic
Development Grant Allocation 2010 (funded
by lodging tax)
DEPARTMENT OF ORIGIN:
Executive/Finance
CONTACT: Allen Johnson, 403-3443
Jim Chase, 403-3422
ATTACHMENTS:
Spreadsheet listing applications and funding recommendation
EXPENDITURES REQUESTED: $ 97,200
BUDGET CATEGORY: Lodging Tax Fund
LEGAL REVIEW: City Attorney will review the proposed
contracts before they are signed
DESCRIPTION:
For the 2010 funding process ten applications were received totaling $ 144,725. The Lodging Tax
Fund has approximately $ 150,000 available to distribute. The Hotel Motel tax committee met
on February 3, 2010 to review and make recommendation regarding the applications. The
committee is comprised of: Sally Lien, (who was elected Chair as per state law), Barbara Tolbert,
Laura Kuhl, Amber Armstrong, and Mary Ann Monty. By state law the committee must be
comprised of one member representing an event that would be eligible to apply for grant funds
and one member representing an Arlington hotel or motel.
$ 92,200 in funding was recommended. The committee is mindful of the current economy
which also affects hotel motel tax revenues and wanted to make sure there is sufficient revenue
for 2011 allocations.
HISTORY:
State law authorizes cities and counties to impose hotel-motel taxes. Revenues generated from
the tax are to be used for tourism promotion and tourism-related facilities. The City began
collecting a 2% hotel-motel tax in 2005. Cities with population over 5000 are required to
establish a Lodging Tax Advisory Committee prior to imposing the tax. Arlington’s Lodging
Tax Committee was appointed on September 20, 2004. The committee is charged with making
recommendations to the full council for allocation of funds collected. $ 29,000 was funded in
2006, $ 61,354 in 2007, $110,558 in 2008 and $127,150. This is the fifth year of funding.
ALTERNATIVES:
1. Table for additional review
2. Do nothing
RECOMMENDED ACTION:
The City Council is requested to approve the funding applications as recommended by the
Hotel Motel Tax Committee.
7
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City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #7
ATTACHMENT J
COUNCIL MEETING DATE:
March 1, 2010
SUBJECT:
Proposed Resolution to revise the City’s
Fee Schedule
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
Proposed Revised Resolution amending the current City fee schedule for Land Use Fees,
Cemetery Fees, and Business Licensing Fees.
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
City staff is proposing revisions to the City fee schedule for Land Use Fees, Cemetery Fees, and
Business Licensing Fees. The proposed revisions are for new and revised planning regulations
that were adopted by Council on January 19, 2010. Also included in the proposed revisions are
revised cemetery fees, as recommended by the City’s Cemetery Board, and Business Licensing
fees for businesses that do not have a permanent location within city limits but are doing
business within the City.
Staff has removed the Dog Licensing section of the draft resolution that was presented at the
February 22, 2010 Council Workshop. This section will return to the City Council for further
discussion at a future workshop.
HISTORY:
On April 20, 2009, the City Council approved Resolution No. 785 updating the City’s fee
schedule. These fees became effective April 22, 2009. The City Council reviewed the planning
fee revisions at the September 28, 2009 workshop. The fee revisions were recommended to be
adopted at the December 7, 2009 Council meeting, but this action was deferred until certain
updates to the Municipal Code were completed.
ALTERNATIVES:
Do not adopt the proposed Resolution.
Remand to staff with specific direction.
RECOMMENDED MOTION:
I move Council adopt the proposed Resolution revising the City’s fee schedule.
Page 1
RESOLUTION NO.
2010-xxx
A RESOLUTION REPLACING RESOLUTION NO.785,
AND ADOPTING A REVISED FEE SCHEDULE
WHEREAS, the City Council, through ordinance, has adopted regulations requiring certain
actions and services; and,
WHEREAS, these various ordinances set forth that fees shall be set by resolution; and,
WHEREAS, the cost of providing these various services consistent with applicable codes,
regulations, and policies periodically increase or decrease, or certain services or practices are
discontinued and fees are no longer needed; and,
WHEREAS, it is the intent of the City of Arlington to charge appropriate fees and charges
that are consistent with the services provided and to cover the public cost of providing these
various services so that the public is not subsidizing individual benefits derived therefrom;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ARLINGTON AS FOLLOWS:
The following rates, fees, and charges for various services provided, actions performed, or items
sold by the city and/or its contract service providers, and fines levied against code violators, are
hereby adopted:
Section 1. Fees and Charges—General.
1.1 Fees. Fees are intended to cover the normal, recurring costs associated with
providing a given service. Fees are non-refundable.
1.2 Prices. In some instances, the City provides certain goods and merchandise for
sale. Prices for these goods may be included in this resolution.
1.3 Payment Due. Fees are due at the time the action is requested (e.g., at time of
application) or occurs (e.g., prior to a specific action). An applicant may pay all
fees of a multi-phased project in advance; however, doing so does not vest
applicable fees due. Fees due are those in effect at the time the specific action or
phase of an action is requested or occurs.
1.4 Waivers. Upon petition by the applicant, the City Council may waive any of the
fees, or portions thereof, for any non-profit organization or government agency.
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2010-XXX
Page 2
Section 2. Land Use Fees.
Table 1: Land Use Fees.
Fees for various services, actions, and permits regarding land use,
as per AMC Title 20 Land Use Code, shall be as listed in
Table 1: Land Use Fees
Action Fee ($)
Land Use Permits
Zoning Permit 2,222
Special Use Permit 3,306 plus actual cost of Hearing
Examiner (if req’d)
Conditional Use Permit 3,862 plus actual cost of Hearing
Examiner
Administrative Conditional Use Permit
Seasonal/Special Event
Homeless Encampment
102
508
Preliminary Plats and Binding Site Plans
Conditional Use Permit for a Long Plat 6,983 plus actual cost of Hearing
Examiner
Zoning Permit for a Short Plat 3,068
Final Plats and Binding Site Plans
Long Plat 3,389
Short Plat 1,823
Development Agreements 3,862 plus actual cost of Hearing
Examiner (if req’d)
Master Plan 12,500
Design Review
Administrative 212
Design Review Board 423
Forest Practices Permits
Permit Review 423
Forest Practices Permit Application Fee 106 plus 106 per acre
Review Fee for Conversion Option Harvest Plan Approval 106 plus 106 per acre
Review Fee To Lift Moratorium 300
Inspection Fee 127 per hour plus 106 per acre
Appeals
To City Council 212
To Planning Commission 212
To Hearing Examiner 582 plus actual cost of Hearing
Examiner
To Shoreline Hearings Board 582
Reconsideration of Decision by:
Community Development Director and/or a designee 79
Planning Commission 106
Hearing Examiner 212 plus actual cost of Hearing
Examiner
City Council 132
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2010-XXX
Page 3
Action Fee ($)
Permit Extension
Extension 53
Amendment to or Modification of Permit
Insignificant Design Deviations 53
Minor Amendment 317
Major Amendment 1,067 plus cost of Hearing
Examiner (if req’d)
Binding Site Plans
Text and/or Design Deviation 741
Lot Line Adjustment or Changes to Number of Lots 1,323
Development Agreement 741 plus actual cost of Hearing
Examiner (if req’d)
Boundary Line Adjustment
Boundary Line Adjustment 1,664
Land Use Ordinance Amendment
Amendment to Text of Land Use Ordinance 741
Amendment to Zoning Map (rezone)
< 5 acres 1,111
> or = 5 acres 1,957
Comprehensive Plan Amendment
Minor Amendment (annual cycle) 1,428
Major Amendment (5-year cycle) 2,116
Annexations
Submission of 10% Petition 106
Submission of 60% Petition 1,058
If it goes to BRB hearing 794
Shoreline Development Permit
SDP in conjunction with a Land Use Permit 529
SDP not in conjunction with a Land Use Permit 1,058
Variance
Administrative 635
If it goes to hearing (fee in addition to that paid for
Admin. Decision)
1,217 plus actual cost of
Hearing Examiner
Miscellaneous Actions/Items
Zoning Interpretation 106
Pre-Application Meetings
1st two hours 0
Subsequent meetings 317 per meeting
SEPA Review (note: review of checklist included in
Land Use Permit fee )
SEPA Only (no land use permit required) 529
Review of requested studies (i.e. traffic, wetland, etc) 159
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2010-XXX
Page 4
Action Fee ($)
Review of requested studies (i.e. drainage, geo-tech, etc) 711
Environmental Impact Statement (EIS) 1,058 plus actual cost of consultant
Request of Utility Services Outside City
Single-Family Residence/Duplex 212
Other Development 635
Section 3. Public Works Fees.
Fees for various services, actions and permits shall be as
listed in Tables 2-1: Review Fees, 2-2: Grading Plan Review Fees and 2-3: Grading Permit
Fees.
Table 2-1: Review Fees
Action Fee ($)
Site Civil Review 6% E.E.C.C* with a minimum charge of 1,587
Additional Plan Review Fee 212 each
Miscellaneous Engineering Fee 529 each
As-Built Review Fee Included in the site civil review fee
Final Plat Review Fee Included in the site civil review fee
Inspection Fee 127 per hour-1/2 hour minimum
Outside Consultant Review Fee Actual cost
Simple Site Plan Review 265 per lot
Right of Way 6% E.E.C.C* or maximum 1,058 with a
minimum charge of 106 plus inspection fees
Right of Way Vacation 1,058
Miscellaneous Staff Time 127 per hour per person-1/2 hour minimum
Engineering Meetings-after 2 hours 317 per meeting
Water Availability Certificate SFR 32 – Non-SFR 106
Recovery Contract 1,058 plus actual cost
GIS
Zoning and Land Use Maps 10.00
11x17 5.00
2x3 13.00
3x3 19.00
3x4 25.00
Map CD 26.00
Data CDs/FTP 26.00 per client
Hourly Rate for Custom Work 127 per hour, ½ hour minimum
Laminating 3/sq ft
Shipping 5.00
Fee none
* E.E.C.C Engineer’s Estimated Cost of Construction
* Simple Site Plan Review - No water or sewer extension - Single family residence with maximum of 2 lots.
-Includes labor, equipment, material, overhead and profit.
Prices shall be from RS Means (latest edition) data adjusted for the Snohomish County area or from local sources if
not included in the RS Means database.
* Additional plan review applies when there is a change, addition or revision to the plan.
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2010-XXX
Page 5
* Additional plan review fees will be charged at any point in the project when more than 2 reviews are required.
* Inspection Fee - commercial and residential plats (storm drainage, landscape, right-of-way and bond
inspections).
* Outside Consultant Review Fee.
* Water Availability Certificate Fee.
* Engineering Meetings (first 2 hours are no charge).
* Miscellaneous engineering fee - traffic and storm water report/design reviewed in-house.
Table 2-2: Grading Plan Review Fees
2009 Fee ($) 2010 Fee ($)
50 Cubic Yards or less No fee No fee
51 to 100 cubic yards 25.00 25.50
101 to 1,000 cubic yards 39.25 40.00
1,001 to 100,000 cubic yards
First 1,000 cubic yards
Plus - for each additional
10,000 yards or fraction thereof
52.30
26.00
53.35
26.50
100,001 to 200,000 cubic yards
For the first 100,000 cubic yards
Plus - for each additional
10,000 yards or fraction thereof
286.25
14.10
292.00
14.40
200,001 cubic yards or more
For the first 200,000 cubic yards
Plus - for each additional 10,000 cubic yards or fraction
thereof
426.90
7.70
435.45
7.85
Other Fees: Additional plan review required by changes,
additions or revisions to approved plans (minimum
charge – 1/2 hour)
53.60*
Per hour
54.70*
Per hour
*Or the total hourly cost to the City, whichever is the greatest. This cost shall include supervision, overhead,
equipment, hourly wages and fringe benefits of the employees involved.
Table 2-3: Grading Permit Fees
2009 Fee ($) 2010 Fee ($)
50 cubic yards or less 25.00 25.50
51 to 100 cubic yards 39.25 40.00
101 to 1,000 cubic yards
First 100 cubic yards
Plus – for each additional 100 cubic yards or fraction
thereof
39.25
18.55
40.00
18.90
1,001 to 10,000 cubic yards
For the first 1,000 cubic yards
Plus - for each additional
1,000 yards or fraction thereof
206.40
15.40
210.50
15.70
10,001 to 100,000 cubic yards
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2010-XXX
Page 6
For the First 10,000 cubic yards
Plus - for each additional
10,000 yards or fraction thereof
344.90
70.00
351.80
71.40
100,001 or more cubic yards or more
For the first 100,000 cubic yards
Plus - for each additional 10,000 cubic yards or fraction
thereof
975.30
38.75
994.80
39.50
Section 4. Building Permit Fees.
For determining the value of a structure, the most current
issue of the Building Safety Journal Magazine, which offers the legacy building valuation
data fee schedule as published by the International Code Council, is adopted by reference.
Fees shall be as listed in Tables 3-1: Building Permit Fees, 3-2: Miscellaneous Building
Inspection Fees and 3-3: Miscellaneous Building Permit Fees.
Table 3-1: Building Permit Fees
Total
Valuation($)
2009 2010 2011 2012 Fee ($)
1.00 – 500.00 28.50 29.00 29.50 30.00 0.00 to 500.00
501.00 – 2,000.00 28.50
3.75
29.00
3.75
29.50
3.83
30.00
3.90
For the first 500.00 plus
For each additional 100.00, or
fraction thereof, to and including
2,000.00
2001.00 –
25,000.00
84.75
17.00
86.00
17.25
86.95
17.60
88.50
17.95
For the first 2,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
25,000.00
25,001.00 –
50,000.00
475.75
12.25
482.75
12.50
491.75
12.75
501.35
13.01
For the first 25,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
50,000.00
50,001.00 –
100,000.00
782.00
8.50
795.25
8.70
810.50
8.87
820.10
9.05
For the first 50,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
100,000.00
100,001.00 –
500,000.00
1,207.00
6.80
1,230.25
6.90
1,254.00
7.04
1,272.60
7.18
For the first 100,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
500,000.00
500,001.00 –
1,000,000.00
3,927.00
5.75
3,990.25
5.90
4,070.00
6.02
4,144.60
6.14
For the first 500,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
1,000,000.00
1,000,001.00
and up
6,80
2.00
6,94
0.25
7,08
0.00
7,21
4.60
For the first 1,000,000.00 plus
For each additional 1,000.00, or
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2010-XXX
Page 7
4.45 4.50 4.59 4.68 fraction thereof
Total
Valuation($)
2013 2014 2015 2016 Fee ($)
1.00 – 500.00 30.50 31.00 31.50 32.00 0.00 to 500.00
501.00 – 2,000.00 30.50
3.98
31.00
4.06
31.50
4.14
32.00
4.22
For the first 500.00 plus
For each additional 100.00, or
fraction thereof, to and including
2,000.00
2001.00 –
25,000.00
90.20
18.31
91.90
18.67
93.60
19.05
95.30
19.43
For the first 2,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
25,000.00
25,001.00 –
50,000.00
511.33
13.27
521.31
13.53
531.75
13.80
542.19
14.08
For the first 25,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
50,000.00
50,001.00 –
100,000.00
843.08
9.23
859.56
9.42
876.75
9.61
894.19
9.80
For the first 50,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
100,000.00
100,001.00 –
500,000.00
1,304.58
7.32
1,330.56
7.47
1,357.25
7.62
1,384.19
7.77
For the first 100,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
500,000.00
500,001.00 –
1,000,000.00
4,232.58
6.26
4,318.56
6.39
4,405.25
6.51
4,492.19
6.64
For the first 500,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
1,000,000.00
1,000,001.00
and up
7,36
2.58
4.78
7,51
3.56
4.87
7,66
0.25
4.97
7,81
9.19
5.07
For the first 1,000,000.00 plus
For each additional 1,000.00, or
fraction thereof
Total
Valuation($)
2017 2018 2019 2020 Fee ($)
1.00 – 500.00 32.50 33.00 33.50 34.00 0.00 to 500.00
501.00 – 2,000.00 32.50
4.31
33.00
4.39
33.50
4.48
34.00
4.57
For the first 500.00 plus
For each additional 100.00, or
fraction thereof, to and including
2,000.00
2001.00 –
25,000.00
95.17
19.81
98.85
20.21
100.70
20.62
102.55
21.03
For the first 2,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
25,000.00
25,001.00 – 552.78 563.68 574.96 586.24 For the first 25,000.00 plus
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2010-XXX
Page 8
50,000.00 14.36 14.65 14.94 15.24 For each additional 1,000.00, or
fraction thereof, to and including
50,000.00
50,001.00 –
100,000.00
911.78
9.99
929.93
10.19
948.46
10.40
967.24
10.61
For the first 50,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
100,000.00
100,001.00 –
500,000.00
1,411.28
7.93
1,439.43
8.08
1,468.46
8.25
1,497.74
8.41
For the first 100,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
500,000.00
500,001.00 –
1,000,000.00
4,583.28
6.78
4,671.43
6.91
4,768.46
7.05
4,861.74
7.19
For the first 500,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
1,000,000.00
1,000,001.00 and
up
7,973.28
5.17
8,126.43
5.27
8,293.46
5.38
8,456.74
5.49
For the first 1,000,000.00 plus
For each additional 1,000.00, or
fraction thereof
Table 3-2: Miscellaneous Building Inspection Fees
Action Fee ($)
Inspections outside of normal business hours 50.00 per hour1 (minimum charge 1 hour)
Reinspection fees assessed under provisions of the
current IBC
50.00 per hour1
Inspection for which no fee is specifically
indicated
50.00 per hour1 (minimum charge—1 hour)
Additional plan review required by changes,
additions or revised plans
50.00 per hour1 (minimum charge—1 hour)
For use of outside consultants for plan review and
inspections, or both.
Actual costs2
Stop work order (working without permit) 3
1 Or the total hourly cost to the City, whichever is greatest. This cost shall include supervision, overhead, equipment, hourly
wages, and benefits of the employees involved. 2 Actual costs include administrative and overhead costs. 3
Stop work order (SWO): failure to obtain a valid permit within 48 hour of a SWO will result in double permit fees or a fine
of $500 whichever is less. A permit applied for within the 48 hour timeframe may be subject to a fine and/or fee at the
discretion of the building official.
Table 3-3: Miscellaneous Building Permit Fees
Action Fee ($)
Change lot after plan review completed 100.00
Change plans during or after plan review. New Plan Review Fee
Change or revise plans after issuance of
permit.
Current hourly rate per IBC or new plan review fee
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2010-XXX
Page 9
Action Fee ($)
Commercial or industrial re-roof IBC value or bid amount
Demolitions 100.00
Espresso carts (portable and stand alone) 250.00
Fences over 6 feet in height Current hourly rate per IBC for plan review plus 20.00
permit fee
Mobile homes 500.00
Modular offices (job shacks) 350.00
Moved buildings 100.00 prior to moving together with a building permit
fee based on the IBC valuation for new building and
cost of moved building.
Residential re-roofs 0
if plan review required 50.00
Retaining walls (permit not required under
four (4) feet
100.00 or IBC valuation, whichever is greater
Signs IBC valuation, using permit fee only
4.1 Codes Incorporated by Reference. The fee schedules set out in the following
codes shall be incorporated by reference as though set forth herein:
A. International Mechanical Code*
B. Uniform Swimming Pool, Spa & Hot Tub Code*
C. Uniform Housing Code*
D. Washington State Energy Code*
E. Washington State Ventilation & Indoor Air Quality Code*
F. Washington State Historic Building Code*
* The most recently issued
edition.
4.2 Plumbing Fees. Plumbing fees shall be as listed in Table 3-4: Plumbing Fees.
Table 3-4: Plumbing Fees
Action Fee ($)
PERMIT ISSUANCE
For the issuance of each plumbing permit 25.00
For issuing each supplemental permit for which the original permit has not expired, been
canceled or finaled
10.00
Commercial permits plan review fee (based on valuation) 10%
UNIT FEE SCHEDULE (Note: The following do not include permit-issuing fee.)
Fixtures and Vents
For each plumbing fixture or trap or set of fixtures on one trap (including water, drainage
piping and backflow protection thereof)
12.00
For repair or alteration of drainage or vent piping, each fixture 5.00
Sewers, Disposal Systems and Interceptors
For each industrial waste pretreatment interceptor, including its trap and vent, except
kitchen-type grease interceptors functioning as fixture traps
20.00
Rainwater systems per drain (inside building) 10.00
Water Piping and Water Heaters
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2010-XXX
Page 10
Action Fee ($)
For installation, alteration, or repair of water piping or water-treating equipment, or both,
each
5.00
For each water heater including vent 12.00
Lawn Sprinklers, Vacuum Breakers and Backflow Protection Devices
For each lawn sprinkler system on any one meter, including backflow protection devices
thereof
15.00
For atmospheric-type vacuum breakers or backflow protection devices not included in
Item 1:
1 to 5 devices 12.00
Over 5 devices, each 2.00
For each backflow-protection device other than atmospheric-type vacuum breakers:
2 inches (50.8 mm) and smaller 12.00
Over 2 inches (50.8 mm) 25.00
Swimming Pools For each swimming pool or spa:
Public pool 90.00
Public spa 90.00
Private pool 60.00
Private spa 30.00
Miscellaneous
For each appliance or piece of equipment regulated by the Plumbing Code but not classed
in other appliance categories, or for which no other fee is listed in this code
12.00
4.3 Mechanical Permit Fees. Mechanical permit and inspection shall be as listed in
Table 3-5: Mechanical Permit and Inspection Fees.
Table 3-5: Mechanical Permit & Inspection Fees
Action Fee ($)
PERMIT ISSUANCE AND HEATERS
For the issuance of each mechanical permit 25.00
For issuing each supplemental permit for which the original permit has not expired,
been canceled or finaled
10.00
Commercial permit plan review fee (based on valuation) 10%
UNIT FEE SCHEDULE (Note: The following do not include permit-issuing fee.)
Furnaces
For the installation or relocation of each forced-air or gravity-type furnace or burner,
including ducts and vents attached to such appliance, up to and including 100,000
Btu/h (29.3 kW)
20.00
For the installation or relocation of each forced-air or gravity-type furnace or burner,
including ducts and vents attached to such appliance over 100,000 Btu/h (29.3 kW)
23.00
For the installation or relocation of each floor furnace, including vent 20.00
For the installation or relocation of each suspended heater, recessed wall heater or
floor-mounted unit heater
20.00
Appliance Vents
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2010-XXX
Page 11
Action Fee ($)
For the installation, relocation or replacement of each appliance vent installed and not
included in an appliance permit
10.00
Boilers, Compressors and AC Units
For the installation or relocation of each boiler or compressor to and including 3
horsepower (10.6 kW), or each absorption system to and including 100,000 Btu/h (29.3
kW)
20.00
For the installation or relocation of each boiler or compressor over 3 horsepower (10.6
kW) to and including 15 horsepower (52.7 kW), or each absorption system over
100,000 Btu/h (29.3 kW) to and including 500,000 Btu/h146.6 kW)
32.00
For the installation or relocation of each boiler or compressor over 15 horsepower
(52.7 kW) to and including 30 horsepower (105.5 kW), or each absorption system over
500,000 Btu/h (146.6 kW) to and including 1,000,000 Btu/h (293.1 kW)
42.00
For the installation or relocation of each boiler or compressor over 30 horsepower
(105.5 kW) to and including 50 horsepower (176 kW), or each absorption system over
1,000,000 Btu/h (293.1 kW) to and including 1,750,000 Btu/h (512.9 kW)
60.00
For the installation or relocation of each boiler or compressor over 50 horsepower (176
kW), or each absorption system over 1,750,000 Btu/h (512.9 kW)
98.00
Air Handling
For each air-handling unit to and including 10,000 cubic feet per minute (cfm) (4719
Us), including ducts attached thereto
15.00
Note: This fee does not apply to an air-handling unit which is a portion of a
factory-assembled appliance, cooling unit, evaporative cooler or absorption unit for
which a permit is required elsewhere in the Mechanical Code.
For each air-handling unit over 10,000 cfm (4719 Us) 20.00
Evaporative Coolers
For each evaporative cooler other than portable type 15.00
Ventilation and Exhaust
For each ventilation fan connected to a single duct 10.00
For the installation of each commercial hood which is served by mechanical exhaust,
including the ducts for such hood
50.00
Gas Piping Systems
For each gas piping system of 1 to 5 outlets 10.00
For each additional outlet over 5, each 1.00
Miscellaneous
For each appliance or piece of equipment regulated by the Mechanical Code but not
classed in other appliance categories, or for which the fee is listed in the table
15.00
Section 5. Cemetery Fees.
Fees and prices for various services, actions, and merchandise for
cemetery use shall be as listed in Table 4: Cemetery Fees and Prices.
Table 4: Cemetery Fees and Prices
Product / Service / Action Fee ($)
Traditional Burial
Burial Lot $1,500
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2010-XXX
Page 12
Opening & Closing (during business hours) $1,000
Opening & Closing (after business hours) $1,300
Concrete Grave Liner $800
Vaults
Monticello $1,595
Continental $1,895
Venetian $2,295
Cameo Rose / SST Triune $2,995
Vault Internment System $350
Inurnment
Cremation Lot / Urn Garden $650
Second Right Inurnment $500
Opening & Closing (during business hours) $445
Opening & Closing (after business hours) $695
Liner $310
Childrens Garden
Babyland Lot $397
Opening & Closing (all times) $488
Babyland Liner $658
Niche
Niche Wall I and II, rows 1-3 top half $1,142
Niche Wall I and II, rows 4-6 bottom half $1,089
Opening & Closing (during business hours) $445
Opening & Closing (after business hours) $695
Second Right Niche Wall $545
Niche Inscription – Single $363
Niche Inscription – Double $563
Tent and Chairs for Inurnment $163
Flower Vase for Niche Wall $205
Headstones and Monuments
Headstone Setting - 28 x16 or smaller $275
Headstone Setting - 32 x 20 or larger $375
Setting Fee - vase block or garden marker $60
Setting Fee - upright monument (single) $575
Setting Fee - upright monument (double) $675
Headstone Final Inscription (off site) $550
Headstone Final Inscription (on site) $363
Headstone Sales - varies Call
Inspection Fee (outside sales only) $375
Memorial Marker - varies Call
Other Services
Memorial Tree w/ garden marker $800
Disinterment / Traditional Burial $1,995
Disinterment / Cremation $650
Pressure Washing $75
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2010-XXX
Page 13
Section 6. Fees for the Use of City Owned Facilities.
Fees for various services, actions,
and permits regarding use of City owned facilities shall be as listed in Table 5: Fees for the
Use of City Owned Facilities.
Table 5: Fees for the Use of City Owned Facilities
Use/Activity Fee ($)
Hadley Hall at the Arlington Community Youth Center
Without Kitchen
One to three hours 15 per hour
Over three hours 75
With Kitchen
One to three hours 20 per hour
Over three hours 125
Athletic Fields
League
Baseball
Youth, resident team 7.50 per youth per season
Youth, non-resident team 10 per team per use
Adult 25 per use
Softball
Youth, resident team 7.50 per youth per season
Youth, non-resident team 10 per team per use
Adult 25 per use
Soccer
Youth, resident team 7.50 per youth per season
Youth, non-resident team 10 per team per use
Adult 25 per use
Other
Youth, resident team 7.50 per youth per season
Youth, non-resident team 10 per team per use
Adult 25 per use
Tournament
Baseball
Youth, resident team 7.50 per youth per tournament
Youth, non-resident team 10 per team per use
Adult 25 per use
Softball
Youth, resident team 7.50 per youth per tournament
Youth, non-resident team 10 per team per use
Adult 25 per use
Soccer
Youth, resident team 7.50 per youth per tournament
Youth, non-resident team 10 per team per use
Adult 25 per use
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2010-XXX
Page 14
Other
Youth, resident team 7.50 per youth per season
Youth, non-resident team 10 per team per use
Adult 25 per use
Lighting
Youth 3 per hour
Adult 6 per hour
Scheduling Fee for League and Tournament
League 15 per team
Tournament 15 per tournament
Concession Sales
League 50 per season
Tournament 25per day
6.1 Definitions.
A. “Youth” is defined as any person 18 years of age or younger.
B. “Resident” is defined as any team composed of at least 51% Arlington
residents.
Section 7. Appeal Fees for Violations and Abatement.
Fees for various services and
actions regarding violations and abatement as per Chapter 11.01 of the Arlington Municipal
Code shall be as listed in Table 6: Appeal Fees for Violations and Abatement.
Table 6: Appeal Fees for Violations and Abatement
Action Fee ($)
Appeals
To Hearing Examiner 582 plus actual cost of Hearing Examiner
Fines
Forest Practice Violation Fine 317
Section 8. Licensing Fees.
Licensing fees for various licenses issued under various sections
of the Arlington Municipal Code shall be as listed in Table 7:- Licensing Fees.
Table 7: Licensing Fees
License/Activity Fee ($)
Annual/renewal business license under AMC Chapter 5.28 60.00
Late payment penalty for each month of delinquency of business
license under AMC Chapter 5.28
5.00 per month of delinquency
For new applications applied for between October 1st through
December 30th 45.00
the new business license applications pay the
following fee of $45.
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2010-XXX
Page 15
For new applications applied for between January 1st through
March 30th
.
new business license applications pay the following fee
of $30
30.00
For new applications applied for April 1st through June 30th new
business license applications pay the following fee. Note: $15 for
the remainder of the current business license year and $60 for the
new business license year for a total of $75, making the business
license valid thru June 30th
of the following year.
75.00
Businesses with offices located outside of city limits but conducting
business within city limits (AMC Chapter 5.28)
20.00
Section 9. EMS Fees and Charges.
9.1 Fees and Mileage Charges Established. For purposes of AMC Chapter
3.06, fees and mileage for EMS services shall be set as set forth in Table 8:
Emergency Medical Services Rates and Charges.
9.2 EMS Transport Fees. In accordance with the requirements of 42 Code of
Federal Regulations (CFR) Parts 410 and 414, which provides that Medicare
fees and charges shall apply to Medicare recipients;
A. Unmet (excess fee) Part B Deductible and Part B coinsurance amounts. In
accordance with the provisions of 42 CFR Parts 410 and 414, the City
shall bill the patient for any unmet or excess fee to the extent authorized
by federal law.
B. Inability to Pay Excess Fee. Individuals who are on fixed or low incomes
or do not have the ability to pay the differential because of financial
difficulties may submit a request to waive the differential to the City with
supporting documentation of the inability to pay.
Table 8: Emergency Medical Services Rates and Charges
Service Rate ($)
BLS Non-emergent 476.00
BLS Emergent 476.00
ALS Emergent 741.00
ALS 2 846.00
ALS Response Fee 265.00
Mileage (all categories) 16.00 per mile
Per RCW 49.60.380, the City of Arlington shall honor a request by a blind person or hearing impaired person not to be charged a fee to
license his or her dog guide, or a request by a physically disabled person not to be charged a fee to license his or her service animal.
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2010-XXX
Page 16
Section 10. Repeal of Previous Fee Resolution.
Resolution 785 is hereby repealed.
Section 11. Effective Date.
This resolution will become effective on March 15, 2010.
PASSED by the City Council and APPROVED by the Mayor this _____ day of
______________________ 2010.
CITY OF ARLINGTON
_________________________________
Margaret Larson, Mayor
ATTEST:
_________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
_______________________________
Steve Peiffle, City Attorney
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #8
ATTACHMENT K
COUNCIL MEETING DATE:
March 1, 2010
SUBJECT:
Proposed Resolution adopting the City’s
Top Goals and Priorities for 2010”
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
Resolution adopting the City’s Top Goals and Priorities for 2010
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW: N/A
DESCRIPTION:
At the 2010 Council Retreat, the City Council and staff participated in a goal-setting exercise. At
the conclusion of the exercise, the Council indicated its desired Top 10 Goals by consensus. Since
there is no action taken at the Council Retreat, Council now needs to formally adopt its Top
Goals and Priorities for 2010.
In reviewing the original list from Council, senior staff felt the list did not capture all the primary
areas of focus. We identified a number of overarching goals and priorities and regrouped all of
the priority items originally suggested by Council and staff into these overarching categories.
Staff has attached the grouped version of the Council’s “Top Goals and Priorities”, which is now
expanded to 13 goals and priorities. We believe the regrouped list captures the overarching goals
and priorities that the Council would like City staff to address in 2010.
City staff recommends that this regrouped list be adopted by the Council.
HISTORY:
The Council reviewed the regrouped list and requested it be formally adopted by Council.
ALTERNATIVES:
Do not adopt the proposed resolution
Revise the proposed resolution and adopt
RECOMMENDED MOTION:
I move Council adopt the proposed Resolution adopting the City’s Top Goals and Priorities for
2010.
RESOLUTION NO. 2010-____ 1
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF ARLINGTON
ADOPTING CITY COUNCIL 2010 GOALS
WHEREAS, the City Council, together with City staff, conducted a planning retreat on
January 30, 2010; and
WHEREAS, the City Council finds that formally adopting goals and priorities is a strong
management tool and useful for determining if progress is being made as an organization; and
WHEREAS, the City Council believes that formalizing its goals and priorities will help
guide future City Council decisions regarding allocation of resources and budget;
NOW, THEREFORE, BE IT RESOLVED, that the Arlington City Council adopts as
its current goals and priorities the "2010 Goals from the 2010 Retreat", a true copy of which is
attached hereto as Exhibit "A".
ADOPTED BY THE CITY COUNCIL of the City of Arlington at its regular
meeting held this 1st
day of March, 2010.
CITY OF ARLINGTON
______________________________________
Margaret Larson, Mayor
Attest:
____________________________________
Kristin Banfield, City Clerk
Approved as to form:
____________________________________
Steven J. Peiffle
City Attorney
RESOLUTION NO. 2010-____ 2
2010 Goals from the 2010 Retreat
Develop Plan for Addressing Fire Department Facilities Needs
- Station 46
- Find location for Fire Administration
- Find location for permanent Station 48
Emergency Management
Economic Development
- Airport Business Park
- Review Design Guidelines & Land Use Code to make sure it meets our vision
- Consider incentives for future development
- Retail business Development
- Promote Arlington
- “Buy Local” program
- Work to attract visitors
- Signage (state highways)
- Gateway signage / wayfinder signage
Transportation
- Secondary Transportation Grid / Cross Circulation in Smokey Point
- Improve 172nd from 43rd
- 67
to Hwy 9
th
- Smokey Point Blvd
Ave, Phase 3
- Island Crossing / Hwy 530 Corridor
- Airport Boulevard
Outreach
- Coalition of north county cities
- Lobbying of County, state & federal representatives
- Meet / Host Stillaguamish Tribe
- Bring “West Arlington” into our community
- Retain small town feel while we grow into a big city
- More outreach to our residents / businesses
RESOLUTION NO. 2010-____ 3
Trails
- Pressure County to complete the Centennial Trail Gap between 152nd & 172
- Complete the Centennial Trail from 204
nd
th
- “Hospital Trail”
to Maple
Planning
- Expanding UGA west of I-5 from 185th to Hwy 530
- Expanding UGA north of Stillaguamish River
- Complete West Arlington Planning
- Riverfront planning
City Financial Planning
- Keep parks open and maintained
- Establish true citywide equipment replacement funding program
- Reduce city costs & streamline staffing
- New Financial Software program
- Public safety staffing in future years
TDR Program
- Keep working on program
- Rework program – more incentives to sell them
- Sustainable farming
Enhance volunteer program
Plan for future needs for sports / recreation
- Continue to work on Graafstra -Country Charm Recreation & Conservation Area
Legion Park Restrooms
Fire & EMS Services
- EMS Levy
- Regionalization of Fire & EMS Services
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #9
ATTACHMENT L
COUNCIL MEETING DATE:
March 1, 2010
SUBJECT:
Ordinance amending and repealing certain
sections of Arlington Municipal Code Title 9
relating to peace, morals, and safety of the
citizens of the City of Arlington
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
Proposed Ordinance adopting revisions to AMC Title 9
Strikeout version of Ordinance adopting revisions to AMC Title 9
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: Legal review is complete
DESCRIPTION:
Proposed changes within Title 9 of the Arlington Municipal Code are attached for the Council’s
review. AMC Title 9 discusses a variety of issues related to various crimes and the associated
penalties.
HISTORY:
The City Council is reviewing the Arlington Municipal Code to update it for eventual
publication to the City’s website.
The City Council has reviewed the proposed revisions to AMC Title 9 at the January 11,
February 8, and February 22 Council Workshops.
ALTERNATIVES:
Do not adopt the proposed ordinance.
Remand to staff with specific direction.
RECOMMENDED MOTION:
I move Council adopt the proposed ordinance amending and repealing certain sections of
Arlington Municipal Code Title 9 relating to peace, morals, and safety of the citizens of the City
of Arlington.
Ordinance No. 2010-xxx 1
ORDINANCE NO. 2010-xxx
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING
AND REPEALING CERTAIN SECTIONS OF ARLINGTON MUNICIPAL CODE
TITLE 9 RELATING TO PEACE, MORALS, AND SAFETY OF THE CITIZENS OF
THE CITY OF ARLINGTON
WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for
the general welfare of its citizens; and
WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require
revision; and
WHEREAS, the City Council of the City of Arlington has requested revisions be made to
Title 9, relating to the peace, morals, and safety of the citizens of Arlington;
NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby
ordain as follows:
Section 1. Arlington Municipal Code Section 9.08.010 is amended to read as follows:
9.08.010 Assault and other crimes involving physical harm.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9A.36.041, Assault in the fourth degree.
(b) RCW 9A.36.050, Reckless endangerment.
(c) RCW 9A.36.070, Coercion.
(d) RCW 9A.36.150, Interfering with the reporting of domestic violence.
(e) RCW 9A.36.160, Failing to summon assistance.
(f) RCW 9A.36.161, Penalty.
(g) RCW 9.61.230, Telephone harassment.
(h) RCW 9.61.240, Telephone harassment--Permitting telephone to be used.
(i) RCW 9.61.250, Telephone harassment--Offenses, where deemed committed.
(j) RCW 9.61.260, Cyberstalking.
(k) RCW 10.99.020, Definitions.
(l) RCW 10.99.030, Law enforcement officers--Training, powers, duties--Domestic
violence reports.
(m) RCW 10.99.040, Duties of court--No-contact order.
(n) RCW 10.99.055, Enforcement of orders.
(o) RCW 10.99.060, Prosecutor's notice to victim--Description of available procedures.
(p) RCW 26.09.300, Restraining orders--Notice--Refusal to comply--Arrest--Penalty--
Defense--Peace officers, immunity.
Ordinance No. 2010-xxx 2
(q) RCW 26.10.220, Restraining orders--Notice--Refusal to comply--Arrest--Penalty--
Defense--Peace officers, immunity.
(r) RCW 26.44.067, Temporary restraining order or preliminary injunction--Contents--
Notice--Noncompliance--Defense--Penalty.
(s) RCW 26.50.010, Definitions.
(t) RCW 26.50.110, Order--Transmittal to law enforcement agency--Record in law
enforcement information system--Enforceability.
(u) RCW 26.50.120, Violation of order--Prosecuting attorney or attorney for
municipality may be requested to assist--costs and attorney's fee.
(v) RCW 26.50.140, Peace officers--immunity.
Section 2. Arlington Municipal Code Section 9.08.030 is amended to read as follows:
9.08.030 Aggressive begging.
(a) It is a crime for any person to engage in aggressive begging in any public place in
the city as those terms are defined by this section.
(b) As used in this section:
(1) Aggressive begging means to beg with intent to intimidate another person
into giving money or goods.
(2) Beg means to ask for money or goods as a charity, whether by words, bodily
gestures, signs or other means.
(c) Intimidate means to coerce or frighten into submission or obedience.
(d) Public place means any road, alley, lane, parking area, sidewalk or any place, private
or otherwise, adapted to and fitted for vehicular or pedestrian travel, that is in common
use by the public with the consent, expressed or implied, of the owner or owners, and
further, any public playground, school grounds, recreation grounds, parks, parkways,
park drives, park paths and rights-of-way open to the use of the public.
(e) Aggressive begging is a gross misdemeanor.
Section 3. Arlington Municipal Code Section 9.16.080 is amended to read as follows:
9.16.080 Sexual exploitation of children and minor access to erotic materials.
The following state statutes, including all future amendments, additions or deletions, are
hereby adopted by reference:
(a) RCW 9.68A.011, Definitions.
(b) RCW 9.68A.070, Possession of depictions of minor engaged in sexually explicit
conduct.
(c) RCW 9.68A.080, Processors of depictions of minor engaged in sexually explicit
conduct-Report required.
(d) RCW 9.68A.110(1),(2),(5), Certain defenses barred, permitted.
(e) RCW 9.68A.120, Seizure and forfeiture of property.
(f) RCW 9.68A.130, Recovery of costs of suit by minor.
(g) RCW 9.68A.150, Allowing minor on premises of live erotic performance - Penalty.
Ordinance No. 2010-xxx 3
Section 4. Arlington Municipal Code Section 9.16.100 is amended to read as follows:
9.16.100 Public nudity prohibited.
(a) No person ten years of age or older, while in a public place, shall expose to the view
of another person any portion of the anus, vulva, penis, or scrotum.
(b) This prohibition does not extend to:
(1) Person(s) undergoing bona fide emergency medical examination or treatment;
or
(2) Person(s) whose exposure was not voluntary.
Section 5. Arlington Municipal Code Section 9.20.030 is amended to read as follows:
9.20.030 Privacy, violating right of.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9.73.010, Divulging telegram.
(b) RCW 9.73.020, Opening sealed letter.
(c) RCW 9.73.030, Intercepting, recording or divulging private communication--
Consent required--Exceptions.
(d) RCW 9.73.070, Persons and activities excepted from chapter.
(e) RCW 9.73.090, Certain emergency response personnel exempted from RCW
9.73.030 through 9.73.080--Standards--Court authorizations--Admissibility.
(f) RCW 9.73.100, Recordings available to defense counsel.
(g) RCW 9.73.080, Penalties.
Section 6. Arlington Municipal Code Section 9.20.100 is amended to read as follows:
9.20.100 Exemptions.
The following sounds are exempt from the provisions of this chapter at all times:
(a) Noise which originates from a permitted Special Event;
(c) Noise which originates from aircraft in flight or otherwise lawful aviation functions;
(d) Noise which originates from fireworks that are allowed by law or permit; or
(e) Noise which originates from fire alarms, safety equipment or emergency equipment.
Section 7. Arlington Municipal Code Section 9.28.010 is amended to read as follows:
9.28.010 Theft, unauthorized issuance of bank checks and possession of stolen property.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9A.56.010, Definitions.
(b) RCW 9A.56.020, Theft--Definition, defense.
(c) RCW 9A.56.050, Theft in third degree.
(d) RCW 9A.56.060, (1), (2), (3), (5), Unlawful issuance of checks or drafts.
Ordinance No. 2010-xxx 4
(e) RCW 9A.56.063, Making or possessing motor vehicle theft tools.
(f) RCW 9A.56.096, Theft of rental property.
(g) RCW 9A.56.140, Possessing stolen property--Definition--Presumption.
(h) RCW 9A.56.170, Possessing stolen property in the third degree.
(i) RCW 9A.56.220, Theft of cable television services.
(j) RCW 9A.56.230, Unlawful sale of cable television services.
(k) RCW 9A.56.240, Forfeiture and disposal of device used to commit violation.
(l) RCW 9A.56.270, Shopping cart theft.
Section 8. Arlington Municipal Code Section 9.28.020 is amended to read as follows:
9.28.020 Malicious mischief and obscuring identity of machines.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9A.48.090, Malicious mischief in the third degree.
(b) RCW 9A.48.100(l), Malicious mischief--"Physical damage" defined.
(c) RCW 9A.48.105, Criminal street gang tagging and graffiti.
(c) RCW 9A.56.180, Obscuring identity of a machine.
Section 9. Arlington Municipal Code Section 9.28.040 is amended to read as follows:
9.28.040 Disruption of school activities.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 28A.635.020, Willfully disobeying school administrative personnel or refusing
to leave public property, violations, when — Penalty.
(b) RCW 28A.635.030, Disturbing school, school activities or meetings — Penalty.
(c) RCW 28A.635.090, Interference by force or violence — Penalty.
(d) RCW 28A.635.100, Intimidating any administrator, teacher, classified employee, or
student by threat of force or violence unlawful — Penalty.
Section 10. Arlington Municipal Code Section 9.32.010 is amended to read as follows:
9.32.010 Fraud.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9.04.010, False advertising.
(b) RCW 9.45.060, Encumbered, leased or rented personal property-Construction.
(c) RCW 9.45.070, Mock auctions.
(d) RCW 9.45.080, Fraudulent removal of property.
(e) RCW 9.45.090, Knowingly receiving fraudulent conveyance.
(f) RCW 9.45.100, Fraud in assignment for benefit of creditors.
(g) RCW 9.45.270(1), Fraudulent filing of vehicle report of sale.
Ordinance No. 2010-xxx 5
(h) RCW 9A.60.045, Criminal impersonation in the second degree.
(i) RCW 9A.60.050, False certification.
(j) RCW 9A.61.010, Definitions.
(k) RCW 9A.61.020, Defrauding public utility.
(l) RCW 9A.61.050, Defrauding a public utility in the third degree.
(m) RCW 9A.61.060, Restitution and costs.
Section 11. Arlington Municipal Code Section 9.36.030 is amended to read as follows:
9.36.030 Obstructing justice, criminal assistance, introducing contraband and related
offenses.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9.69.100, Duty of witness of offense against child or any violent offense--
Penalty.
(b) RCW 9A.72.010, Definitions.
(c) RCW 9A.72.040, False swearing.
(d) RCW 9A.72.060, Perjury and false swearing--Retraction.
(e) RCW 9A.72.070, Perjury and false swearing--Irregularities no defense.
(f) RCW 9A.72.080, Statement of what one does not know to be true.
(g) RCW 9A.72.140, Jury tampering.
(h) RCW 9A.72.150, Tampering with physical evidence.
(i) RCW 9A.76.010, Definitions.
(j) RCW 9A.76.020, Obstructing a law enforcement officer.
(k) RCW 9A.76.030, Refusing to summon aid for a peace officer.
(l) RCW 9A.76.040, Resisting arrest.
(m) RCW 9A.76.050, Rendering criminal assistance--Definition of terms.
(n) RCW 9A.76.060, Relative defined.
(o) RCW 9A.76.080, Rendering criminal assistance in the second degree.
(p) RCW 9A.76.090, Rendering criminal assistance in the third degree.
(q) RCW 9A.76.100, Compounding.
(r) RCW 9A.76.160, Introducing contraband in the third degree.
(s) RCW 9A.76.170(1),(2), 3(d), Bail jumping.
(t) RCW 9A.84.030, Disorderly conduct.
(u) RCW 9A.84.040, False reporting.
Section 12. Arlington Municipal Code Section 9.40.010 is amended to read as follows:
9.40.010 Statutes adopted.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 69.50.101, Definitions.
(b) RCW 69.50.204(d)(14), Schedule I-Marijuana.
(c) RCW 69.50.309, Containers.
(d) RCW 69.50.401(e), Prohibited acts: A-Penalties.
(e) RCW 69.50.412, Prohibited acts: E-Penalties.
Ordinance No. 2010-xxx 6
(f) RCW 69.50.505, Seizure and forfeiture.
(g) RCW 69.50.506, Burden of proof; liabilities.
(h) RCW 69.50.509, Search and seizure of controlled substances.
Section 13. Arlington Municipal Code Section 9.40.100 is amended to read as follows:
9.40.100 Inhaling toxic fumes.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9.47A.010, Definition.
(b) RCW 9.47A.020, Unlawful inhalation-Exception.
(c) RCW 9.47A.030, Possession of certain substances prohibited, when.
(d) RCW 9.47A.040, Sale of certain substances prohibited, when.
(e) RCW 9.47A.050, Penalty.
Section 14. Arlington Municipal Code Section 9.44.010 is amended to read as follows:
9.44.010 Adoption of statutes.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 66.04.010, Definitions.
(b) RCW 66.20.200, Unlawful acts relating to card of identification and certification
card.
(c) RCW 66.20.210, Licensee's immunity to prosecution or suit-Certification card as
evidence of good faith.
(d) RCW 66.28.090, Licensed premises or banquet permit premises open to inspection-
Failure to allow, violation.
(e) RCW 66.44.010, Local officers to enforce law-Authority of board-Liquor
enforcement officers.
(f) RCW 66.44.040, Sufficiency of description of offenses in complaints, information,
process, etc.
(g) RCW 66.44.050, Description of offense in words of statutes-Proof required.
(h) RCW 66.44.060, Proof of unlawful sale establishes prima facie intent.
(i) RCW 66.44.070, Certified analysis is prima facie evidence for alcoholic content.
(j) RCW 66.44.080, Service of process on corporation.
(k) RCW 66.44.090, Acting without license.
(l) RCW 66.44.100, Opening or consuming liquor in public-Penalty.
(m) RCW 66.44.120, Unlawful use of seal.
(n) RCW 66.44.130, Sale of liquor by drink or bottle.
(o) RCW 66.44.140, Unlawful sale, transportation of spirituous liquor without stamp or
seal-Unlawful operation, possession of still or mash.
(p) RCW 66.44.150, Buying liquor illegally.
(q) RCW 66.44.160, Illegal possession, transportation of alcoholic beverages.
(r) RCW 66.44.170, Illegal possession of liquor with intent to sell-Prima facie evidence,
what is.
(s) RCW 66.44.175, Violations of law.
Ordinance No. 2010-xxx 7
(t) RCW 66.44.180, General penalties-Jurisdiction for violation.
(u) RCW 66.44.200, Sales to persons apparently under the influence of liquor.
(v) RCW 66.44.210, Obtaining liquor for ineligible person.
(w) RCW 66.44.240, Drinking in public conveyance-Penalty against carrier-Exception.
(x) RCW 66.44.250, Drinking in public conveyance-Penalty against individual-
Restricted application.
(y) RCW 66.44.280, Minor applying for permit.
(z) RCW 66.44.290, Minor purchasing or attempting to purchase liquor.
(aa) RCW 66.44.300, Treating minor, etc, in public place where liquor sold.
(bb) RCW 66.44.310, Minor frequenting off-limits area -Misrepresentation of age-
Penalty-Classification of licenses.
(cc) RCW 66.44.325, Unlawful transfer to a minor of an identification of age.
(dd) RCW 66.44.328, Preparation or acquisition and supply to persons under age 21-one
of facsimile or official identification card-Penalty.
(ee) RCW 66.44.340, Employees 18 years and over allowed to sell and handle beer and
wine for Class E and/or Class F employers.
(ff) RCW 66.44.350, Employees 18 years and over allowed to serve and carry liquor,
clean up, etc., for Class A, C, D and/or H licensed employers.
(gg) RCW 66.44.370, Resisting or opposing officers in enforcement of title.
Section 15. Arlington Municipal Code Section 9.48.010 is amended to read as follows:
9.48.010 Firearms and dangerous weapons: prohibitions.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9.41.010, Terms defined.
(b) RCW 9.41.050, Carrying firearms.
(c) RCW 9.41.060, Exceptions to restrictions on carrying firearms.
(d) RCW 9.41.080, Delivery to ineligible persons.
(e) RCW 9.41.098, Forfeiture of firearms-Disposition-Confiscation.
(f) RCW 9.41.100, Dealer licensing and registration required.
(g) RCW 9.41.140, Alteration of identifying marks-Exceptions.
(h) RCW 9.41.170, Alien's license to carry firearms-Exception.
(i) RCW 9.41.230, Aiming or discharging firearms, dangerous weapons.
(j) RCW 9.41.240, Possession of pistol by person from eighteen to twenty-one.
(k) RCW 9.41.250, Dangerous weapons-Penalty.
(l) RCW 9.41.260, Dangerous exhibitions.
(m) RCW 9.41.270, Weapons apparently capable of producing bodily harm-Unlawful
carrying or handling-Penalty-Exceptions.
(n) RCW 9.41.280, Carrying dangerous weapons on school facilities-Penalty-
Exceptions.
Section 16. Arlington Municipal Code Section 9.48.030 is amended to read as follows:
9.48.030 Weapons prohibited on liquor sale premises.
Ordinance No. 2010-xxx 8
It is a misdemeanor for anyone, on or in any premises classified by the state liquor board
as off-limits to persons under twenty-one years of age to:
(a) Carry in any manner any firearm, rifle or handgun, whether such person has a license
or permit to carry such firearm or not, and whether such firearm is concealed or not; or
(b) Carry any knife, sword, dagger or other cutting or stabbing instrument, with a blade
of a length of three inches or more, or any razor with an unguarded blade, whether such
weapon or instrument is concealed or not; or
(c) Carry any instrument or weapon of the kind usually known as a slingshot, taser,
throwing star, bow, sand club, blackjack, metal knuckles, or any stick, chain, metal pipe,
bar, club or combination thereof including a device known as nunchuk sticks, or any like
device having the same or similar components or parts, whether or not connected by a
rope, chain or other device, or any explosive or any poison or injurious gas, or any other
instrument or weapon apparently capable of producing bodily harm, whether such
instrument or weapon is concealed or not.
The provisions of subsection (a) of this section will not apply to or affect the following:
(a) Any lawful act committed by a person while in his or her fixed place of business; or
(b) Any person who by virtue of his or her office or public employment is vested by law
with a duty to preserve public safety, maintain public order, or to make arrests for
offenses, whether during regular duty hours or not; or
(c) Any person making or assisting in making a lawful arrest for the commission of a
felony.
Upon conviction, the weapon or instrument involved may be confiscated by order of the
court and disposed of in accordance with statutes or ordinances governing the disposal of
confiscated or found property.
Section 17. Arlington Municipal Code Section 9.48.040 is repealed in its entirety.
Section 18. Arlington Municipal Code Section 9.52.010 is amended to read as follows:
9.52.010 Conduct prohibited.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(1) RCW 9.91.010, Denial of civil rights--Terms defined.
(2) RCW 9.91.020, Operating railroad, steamboat, vehicle, etc., while intoxicated.
(3) RCW 9.91.025, Unlawful bus conduct.
(4) RCW 9.91.110, Meal buyers--Records of purchases--Penalty.
(5) RCW 9.03.010, Abandoning, discarding refrigeration equipment.
(6) RCW 9.03.020, Permitting unused equipment to remain on premises.
(7) RCW 9.03.030, Violation of RCW 9.03.010 or 9.03.020.
(8) RCW 9.03.040, Keeping or storing equipment for sale.
(9) RCW 16.52.011, Definitions--Principles of liability.
(10) RCW 16.52.080, Transporting or confining in unsafe manner--Penalty.
(11) RCW 16.52.085, Removal of animals for feeding--Examination--Notice--
Euthanasia.
(12) RCW 16.52.095, Cutting ears--Misdemeanor.
(13) RCW 16.52.100, Confinement without food and water--Intervention by others.
Ordinance No. 2010-xxx 9
(14) RCW 16.52.110, Old or diseased animals at large.
(15) RCW 16.52.117, Animal fighting--Owners, trainers, spectators--Exceptions.
(16) RCW 16.52.165, Punishment--Conviction of misdemeanor.
(17) RCW 16.52.180, Limitations on application of chapter.
(18) RCW 16.52.185, Exclusions from chapter.
(19) RCW 16.52.190, Poisoning animals.
(20) RCW 16.52.193, Poisoning animals--Strychnine sales--Records--Report on
suspected purchases.
(21) RCW 16.52.195, Poisoning animals--Penalty.
(22) RCW 16.52.200, Sentences--Forfeiture of animals--Liability for costs--Civil
penalty--Education, counseling.
(23) RCW 16.52.207, Animal cruelty in the second degree.
(24) RCW 9.46.196, Cheating--Defined.
(25) RCW 9.46.1962, Cheating in the second degree.
Section 19. Arlington Municipal Code Section 9.52.030 is repealed in its entirety.
Section 20. Arlington Municipal Code Section 9.52.040 is repealed in its entirety.
Section 21. 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 22. Effective Date. A summary of this Ordinance consisting of its title
shall be published in the official newspaper of the City, and shall take effect and be in full force
five (5) days after the date of publication.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor
this ______ day of _____________________, 2010.
CITY OF ARLINGTON
____________________________________
Margaret Larson, Mayor
ATTEST:
___________________________________
Kristin Banfield, City Clerk
Ordinance No. 2010-xxx 10
APPROVED AS TO FORM:
___________________________________
Steven J. Peiffle, City Attorney
Ordinance Revising AMC Title 9 - Strikeout Version
1
ORDINANCE NO. 2010-xxx
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING
AND REPEALING CERTAIN SECTIONS OF ARLINGTON MUNICIPAL CODE
TITLE 9 RELATING TO PEACE, MORALS, AND SAFETY OF THE CITIZENS OF
THE CITY OF ARLINGTON
WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for
the general welfare of its citizens; and
WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require
revision; and
WHEREAS, the City Council of the City of Arlington has requested revisions be made to
Title 9, relating to the peace, morals, and safety of the citizens of Arlington;
NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby
ordain as follows:
Section 1. Arlington Municipal Code Section 9.08.010 is amended to read as follows:
9.08.010 Assault and other crimes involving physical harm.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9A.36.041, Assault in the fourth degree.
(b) RCW 9A.36.050, Reckless endangerment.
(c) RCW 9A.36.070, Coercion.
(d) RCW 9A.36.150, Interfering with the reporting of domestic violence.
(e) RCW 9A.36.160, Failing to summon assistance.
(f) RCW 9A.36.161, Penalty.
(eg) RCW 9.61.230, Telephone harassment.
(fh) RCW 9.61.240, Telephone harassment--Permitting telephone to be used.
(gi) RCW 9.61.250, Telephone harassment--Offenses, where deemed committed.
(j) RCW 9.61.260, Cyberstalking.
(hk) RCW 10.99.020, Definitions.
(il) RCW 10.99.030, Law enforcement officers--Training, powers, duties--Domestic
violence reports.
(jm) RCW 10.99.040, Duties of court--No-contact order.
(kn) RCW 10.99.055, Enforcement of orders.
(ol) RCW 10.99.060, Prosecutor's notice to victim--Description of available procedures.
(mp) RCW 26.09.300, Restraining orders--Notice--Refusal to comply--Arrest--Penalty--
Defense--Peace officers, immunity.
Ordinance Revising AMC Title 9 - Strikeout Version
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(nq) RCW 26.10.220, Restraining orders--Notice--Refusal to comply--Arrest--Penalty--
Defense--Peace officers, immunity.
(or) RCW 26.44.067, Temporary restraining order or preliminary injunction--Contents--
Notice--Noncompliance--Defense--Penalty.
(ps) RCW 26.50.010, Definitions.
(qt) RCW 26.50.110, Order--Transmittal to law enforcement agency--Record in law
enforcement information system--Enforceability.
(ru) RCW 26.50.120, Violation of order--Prosecuting attorney or attorney for
municipality may be requested to assist--costs and attorney's fee.
(sv) RCW 26.50.140, Peace officers--immunity.
Section 2. Arlington Municipal Code Section 9.08.030 is amended to read as follows:
9.08.030 Aggressive begging.
(a) It is a crime for any person to engage in aggressive begging in any public place in
the city as those terms are defined by this section.
(b) As used in this section:
(1) Aggressive begging means to beg with intent to intimidate another person
into giving money or goods.
(2) Beg means to ask for money or goods as a charity, whether by words, bodily
gestures, signs or other means.
(c) Intimidate means to coerce or frighten into submission or obedience.
(d) Public place means any road, alley, lane, parking area, sidewalk or any place, private
or otherwise, adapted to and fitted for vehicular or pedestrian travel, that is in common
use by the public with the consent, expressed or implied, of the owner or owners, and
further, any public playground, school grounds, recreation grounds, parks, parkways,
park drives, park paths and rights-of-way open to the use of the public.
(e) Aggressive begging is a gross misdemeanor.
Section 3. Arlington Municipal Code Section 9.16.080 is amended to read as follows:
9.16.080 Sexual Sexual exploitation of children and minor access to erotic materials.
The following state statutes, including all future amendments, additions or deletions, are
hereby adopted by reference:
(a) RCW 9.68A.011, Definitions.
(b) RCW 9.68A.070, Possession of depictions of minor engaged in sexually explicit
conduct.
(c) RCW 9.68A.080, Processors of depictions of minor engaged in sexually explicit
conduct-Report required.
(d) RCW 9.68A.110(1),(2),(5), Certain defenses barred, permitted.
(e) RCW 9.68A.120, Seizure and forfeiture of property.
(f) RCW 9.68A.130, Recovery of costs of suit by minor.
(g) RCW 9.68A.140, Definitions.
(hg) RCW 9.68A.150, Allowing minor on premises of live erotic performance - Penalty.
(i) RCW 9.68A.160, Penalty.
Ordinance Revising AMC Title 9 - Strikeout Version
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Section 4. Arlington Municipal Code Section 9.16.100 is amended to read as follows:
9.16.100 Nude sunbathingPublic nudity prohibited.
(a) A person is guilty of nude sunbathing if he or she intentionally makes any open or
obscene exposure of his or her person at a public beach.No person ten years of age or
older, while in a public place, shall expose to the view of another person any portion of
the anus, vulva, penis, or scrotum.
(b) Every person who violates any provision of this section will be guilty of a
misdemeanor, and on conviction therefor will be fined not more than two hundred fifty
dollars.This prohibition does not extend to:
(1) Person(s) undergoing bona fide emergency medical examination or treatment;
or
(2) Person(s) whose exposure was not voluntary.
Section 5. Arlington Municipal Code Section 9.20.030 is amended to read as follows:
9.20.030 Privacy, violating right of.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9.73.010, Divulging telegram.
(b) RCW 9.73.020, Opening sealed letter.
(c) RCW 9.73.030, Intercepting, recording or divulging private communication--
Consent required--Exceptions.
(d) RCW 9.73.070, Persons and activities excepted from chapter.
(e) RCW 9.73.090, Certain emergency response personnel exempted from RCW
9.73.030 through 9.73.080--Standards--Court authorizations--Admissibility.
(f) RCW 9.73.100, Recordings available to defense counsel.
(g) RCW 9.73.080, Penalties.
Section 6. Arlington Municipal Code Section 9.20.100 is amended to read as follows:
9.20.100 Exemptions.
The following sounds are exempt from the provisions of this chapter at all times:
(a) Noise which originates from a permitted Special Event;
(b) Noise which originates from an animal;
(c) Noise which originates from aircraft in flight or otherwise lawful aviation functions;
(d) Noise which originates from fireworks that are allowed by law or permit; or
(e) Noise which originates from fire alarms, safety orequipment or emergency
equipment.
Section 7. Arlington Municipal Code Section 9.28.010 is amended to read as follows:
Ordinance Revising AMC Title 9 - Strikeout Version
4
9.28.010 Theft, unauthorized issuance of bank checks and possession of stolen property.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9A.56.010, Definitions.
(b) RCW 9A.56.020, Theft--Definition, defense.
(c) RCW 9A.56.050, Theft in third degree.
(d) RCW 9A.56.060, (1), (2), (3), (5), Unlawful issuance of checks or drafts.
(e) RCW 9A.56.063, Making or possessing motor vehicle theft tools.
(ef) RCW 9A.56.096, Theft of rental property.
(fg) RCW 9A.56.140, Possessing stolen property--Definition--Presumption.
(gh) RCW 9A.56.170, Possessing stolen property in the third degree.
(hi) RCW 9A.56.220, Theft of cable television services.
(ij) RCW 9A.56.230, Unlawful sale of cable television services.
(jk) RCW 9A.56.240, Forfeiture and disposal of device used to commit violation.
(kl) RCW 9A.56.270, Shopping cart theft.
Section 8. Arlington Municipal Code Section 9.28.020 is amended to read as follows:
9.28.020 Malicious mischief and obscuring identity of machines.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9A.48.090, Malicious mischief in the third degree.
(b) RCW 9A.48.100(l), Malicious mischief--"Physical damage" defined.
(c) RCW 9A.48.105, Criminal street gang tagging and graffiti.
(c) RCW 9A.56.180, Obscuring identity of a machine.
Section 9. Arlington Municipal Code Section 9.28.040 is amended to read as follows:
9.28.040 Disruption of school activities.
A person is guilty of disruption of school activities if he or she comes into or remains in a
school building, classroom or upon any school ground, or street, sidewalk or public way
adjacent thereto, and intentionally causes disruption of the activities of the school.
9.28.040 Disruption of school activities.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 28A.635.020, Willfully disobeying school administrative personnel or refusing
to leave public property, violations, when — Penalty.
(b) RCW 28A.635.030, Disturbing school, school activities or meetings — Penalty.
(c) RCW 28A.635.090, Interference by force or violence — Penalty.
(d) RCW 28A.635.100, Intimidating any administrator, teacher, classified employee, or
student by threat of force or violence unlawful — Penalty.
Ordinance Revising AMC Title 9 - Strikeout Version
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Section 10. Arlington Municipal Code Section 9.32.010 is amended to read as follows:
9.32.010 Fraud.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9.04.010, False advertising.
(b) RCW 9.45.060, Encumbered, leased or rented personal property-Construction.
(c) RCW 9.45.070, Mock auctions.
(d) RCW 9.45.080, Fraudulent removal of property.
(e) RCW 9.45.090, Knowingly receiving fraudulent conveyance.
(f) RCW 9.45.100, Fraud in assignment for benefit of creditors.
(g) RCW 9.45.270(1), Fraudulent filing of vehicle report of sale.
(gh) RCW 9A.60.040045, Criminal impersonation in the second degree.
(hi) RCW 9A.60.050, False certification.
(ij) RCW 9A.61.010, Definitions.
(jk) RCW 9A.61.020, Defrauding public utility.
(kl) RCW 9A.61.050, Defrauding a public utility in the third degree.
(ml) RCW 9A.61.060, Restitution and costs.
Section 11. Arlington Municipal Code Section 9.36.030 is amended to read as follows:
9.36.030 Obstructing justice, criminal assistance, introducing contraband and related
offenses.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9A.69.1009.69.100, Duty of witness of offense against child or any violent
offense--Penalty.
(b) RCW 9A.72.010, Definitions.
(c) RCW 9A.72.040, False swearing.
(d) RCW 9A.72.060, Perjury and false swearing--Retraction.
(e) RCW 9A.72.070, Perjury and false swearing--Irregularities no defense.
(f) RCW 9A.72.080, Statement of what one does not know to be true.
(g) RCW 9A.72.140, Jury tampering.
(h) RCW 9A.72.150, Tampering with physical evidence.
(i) RCW 9A.76.010, Definitions.
(j) RCW 9A.76.020, Obstructing a law enforcement officer.
(k) RCW 9A.76.030, Refusing to summon aid for a peace officer.
(l) RCW 9A.76.040, Resisting arrest.
(m) RCW 9A.76.050, Rendering criminal assistance--Definition of terms.
(n) RCW 9A.76.060, Relative defined.
(o) RCW 9A.76.080, Rendering criminal assistance in the second degree.
(p) RCW 9A.76.090, Rendering criminal assistance in the third degree.
(q) RCW 9A.76.100, Compounding.
(r) RCW 9A.76.160, Introducing contraband in the third degree.
(s) RCW 9A.76.170(1),(2), 3(d), Bail jumping.
Ordinance Revising AMC Title 9 - Strikeout Version
6
(t) RCW 9A.84.030, Disorderly conduct.
(u) RCW 9A.84.040, False reporting.
Section 12. Arlington Municipal Code Section 9.40.010 is amended to read as follows:
9.40.010 Statutes adopted.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 69.50.101, Definitions.
(b) RCW 69.50.204(d)(1314), Schedule I-Marijuana.
(c) RCW 69.50.309, Containers.
(d) RCW 69.50.401(e), Prohibited acts: A-Penalties.
(e) RCW 69.50.412, Prohibited acts: E-Penalties.
(f) RCW 69.50.505, Seizure and forfeiture.
(g) RCW 69.50.506, Burden of proof; liabilities.
(h) RCW 69.50.509, Search and seizure of controlled substances.
Section 13. Arlington Municipal Code Section 9.40.100 is amended to read as follows:
9.40.100 Inhaling toxic fumes.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9.47A.010, Definition.
(b) RCW 9.47A.020, Unlawful inhalation-Exception.
(c) RCW 9.47A.030, Possession of certain substances prohibited, when.
(d) RCW 9.47A.040, Sale of certain substances prohibited, when.
(e) RCW 9.47A.050, Penalty.
Section 14. Arlington Municipal Code Section 9.44.010 is amended to read as follows:
9.44.010 Adoption of statutes.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 66.04.010, Definitions.
(b) RCW 66.20.200, Unlawful acts relating to card of identification and certification
card.
(c) RCW 66.20.210, Licensee's immunity to prosecution or suit-Certification card as
evidence of good faith.
(d) RCW 66.28.090, Licensed premises or banquet permit premises open to inspection-
Failure to allow, violation.
(e) RCW 66.44.010, Local officers to enforce law-Authority of board-Liquor
enforcement officers.
(f) RCW 66.44.040, Sufficiency of description of offenses in complaints, information,
process, etc.
(g) RCW 66.44.050, Description of offense in words of statutes-Proof required.
(h) RCW 66.44.060, Proof of unlawful sale establishes prima facie intent.
Ordinance Revising AMC Title 9 - Strikeout Version
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(i) RCW 66.44.070, Certified analysis is prima facie evidence for alcoholic content.
(j) RCW 66.44.080, Service of process on corporation.
(k) RCW 66.44.090, Acting without license.
(l) RCW 66.44.100, Opening or consuming liquor in public-Penalty.
(m) RCW 66.44.120, Unlawful use of seal.
(n) RCW 66.44.130, Sale of liquor by drink or bottle.
(o) RCW 66.44.140, Unlawful sale, transportation of spirituous liquor without stamp or
seal-Unlawful operation, possession of still or mash.
(p) RCW 66.44.150, Buying liquor illegally.
(q) RCW 66.44.160, Illegal possession, transportation of alcoholic beverages.
(r) RCW 66.44.170, Illegal possession of liquor with intent to sell-Prima facie evidence,
what is.
(s) RCW 66.44.175, Violations of law.
(t) RCW 66.44.180, General penalties-Jurisdiction for violation.
(u) RCW 66.44.200, Sales to persons apparently under the influence of liquor.
(v) RCW 66.44.210, Obtaining liquor for ineligible person.
(w) RCW 66.44.240, Drinking in public conveyance-Penalty against carrier-Exception.
(x) RCW 66.44.250, Drinking in public conveyance-Penalty against individual-
Restricted application.
(y) RCW 66.44.280, Minor applying for permit.
(z) RCW 66.44.290, Minor purchasing or attempting to purchase liquor.
(aa) RCW 66.44.291, Minor purchasing or attempting to purchase liquor-Penalty
against person between ages of eighteen and twenty, inclusive.
(bbaa) RCW 66.44.300, Treating minor, etc, in public place where liquor sold.
(ccbb) RCW 66.44.310, Minor frequenting tavern or cocktail loungeoff-limits area -
Misrepresentation of age-Penalty-Classification of licenses.
(ddcc) RCW 66.44.325, Unlawful transfer to a minor of an identification of age.
(eedd) RCW 66.44.328, Preparation or acquisition and supply to persons under age 21-
one of facsimile or official identification card-Penalty.
(ffee) RCW 66.44.340, Employees 18 years and over allowed to sell and handle beer
and wine for Class E and/or Class F employers.
(ggff) RCW 66.44.350, Employees 18 years and over allowed to serve and carry liquor,
clean up, etc., for Class A, C, D and/or H licensed employers.
(hhgg) RCW 66.44.370, Resisting or opposing officers in enforcement of title.
Section 15. Arlington Municipal Code Section 9.48.010 is amended to read as follows:
9.48.010 Firearms and dangerous weapons: prohibitions.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9.41.010, Terms defined.
(b) RCW 9.41.050, Carrying firearms.
(c) RCW 9.41.060, Exceptions to restrictions on carrying firearms.
(d) RCW 9.41.080, Delivery to ineligible persons.
(e) RCW 9.41.098, Forfeiture of firearms-Disposition-Confiscation.
(f) RCW 9.41.100, Dealer licensing and registration required.
Ordinance Revising AMC Title 9 - Strikeout Version
8
(g) RCW 9.41.140, Alteration of identifying marks-Exceptions.
(h) RCW 9.41.150, Exceptions-Antique firearms.
(ih) RCW 9.41.170, Alien's license to carry firearms-Exception.
(ji) RCW 9.41.230, Aiming or discharging firearms, dangerous weapons.
(kj) RCW 9.41.240, Possession of pistol by person from eighteen to twenty-one.
(lk) RCW 9.41.250, Dangerous weapons-Penalty.
(ml) RCW 9.41.260, Dangerous exhibitions.
(nm) RCW 9.41.270, Weapons apparently capable of producing bodily harm-Unlawful
carrying or handling-Penalty-Exceptions.
(on) RCW 9.41.280, Carrying dangerous weapons on school facilities-Penalty-
Exceptions.
Section 16. Arlington Municipal Code Section 9.48.030 is amended to read as follows:
9.48.030 Weapons prohibited on liquor sale premises.
It is a misdemeanor for anyone, on or in any premises in the city where alcoholic
beverages are dispensed by the drinkclassified by the state liquor board as off-limits to
persons under twenty-one years of age to:
(a) Carry in any manner any firearm, rifle or handgun, whether such person has a license
or permit to carry such firearm or not, and whether such firearm is concealed or not; or
(b) Carry any knife, sword, dagger or other cutting or stabbing instrument, with a blade
of a length of three inches or more, or any razor with an unguarded blade, whether such
weapon or instrument is concealed or not; or
(c) Carry any instrument or weapon of the kind usually known as a slingshot, taser,
throwing star, bow, sand club, blackjack, metal knuckles, or any stick, chain, metal pipe,
bar, club or combination thereof including a device known as numchuk nunchuk sticks,
or any like device having the same or similar components or parts, whether or not
connected by a rope, chain or other device, or any explosive or any poison or injurious
gas, or any other instrument or weapon apparently capable of producing bodily harm,
whether such instrument or weapon is concealed or not.
The provisions of subsection (a) of this section will not apply to or affect the following:
(a) Any lawful act committed by a person while in his or her fixed place of business; or
(b) Any person who by virtue of his or her office or public employment is vested by law
with a duty to preserve public safety, maintain public order, or to make arrests for
offenses, whether during regular duty hours or not; or
(c) Any person making or assisting in making a lawful arrest for the commission of a
felony.
Upon conviction, the weapon or instrument involved may be confiscated by order of the
court and disposed of in accordance with statutes or ordinances governing the disposal of
confiscated or found property.
Section 17. Arlington Municipal Code Section 9.48.040 is repealed in its entirety.
9.48.040 Firearms prohibited in certain places; exceptions; penalty.
(a) It is unlawful for any person to enter the council chambers of the city council when
he or she knowingly possesses or knowingly has under his or her control a firearm.
Ordinance Revising AMC Title 9 - Strikeout Version
9
(b) The provisions of this section do not apply to:
(1) Law enforcement personnel; or
(2) Security personnel while engaged in official duties.
(c) Any person violating this section is guilty of a misdemeanor.
Section 18. Arlington Municipal Code Section 9.52.010 is amended to read as follows:
9.52.010 Conduct prohibited.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(1) RCW 9.91.010, Denial of civil rights--Terms defined.
(2) RCW 9.91.020, Operating railroad, steamboat, vehicle, etc., while intoxicated.
(3) RCW 9.91.025, Unlawful bus conduct.
(4) RCW 9.91.110, Meal buyers--Records of purchases--Penalty.
(5) RCW 9.03.010, Abandoning, discarding refrigeration equipment.
(6) RCW 9.03.020, Permitting unused equipment to remain on premises.
(7) RCW 9.03.030, Violation of RCW 9.03.010 or 9.03.020.
(8) RCW 9.03.040, Keeping or storing equipment for sale.
(9) RCW 16.52.011, Definitions--Principles of liability.
(10) RCW 16.52.080, Transporting or confining in unsafe manner--Penalty.
(11) RCW 16.52.085, Removal of animals for feeding--Examination--Notice--
Euthanasia.
(12) RCW 16.52.095, Cutting ears--Misdemeanor.
(13) RCW 16.52.100, Confinement without food and water--Intervention by others.
(14) RCW 16.52.110, Old or diseased animals at large.
(15) RCW 16.52.117, Animal fighting--Owners, trainers, spectators--Exceptions.
(16) RCW 16.52.165, Punishment--Conviction of misdemeanor.
(17) RCW 16.52.180, Limitations on application of chapter.
(18) RCW 16.52.185, Exclusions from chapter.
(19) RCW 16.52.190, Poisoning animals.
(20) RCW 16.52.193, Poisoning animals--Strychnine sales--Records--Report on
suspected purchases.
(21) RCW 16.52.195, Poisoning animals--Penalty.
(22) RCW 16.52.200, Sentences--Forfeiture of animals--Liability for costs--Civil
penalty--Education, counseling.
(23) RCW 16.52.207, Animal cruelty in the second degree.
(24) RCW 9.46.196, Cheating--Defined.
(25) RCW 9.46.1962, Cheating in the second degree.
Section 19. Arlington Municipal Code Section 9.52.030 is repealed in its entirety.
9.52.030 Injury to animals.
Any person who willfully and without authority in law kills, maims or disfigures an
animal belonging to another, or exposes any poisons or noxious substance with intent that
it should be taken by such animal, is guilty of a misdemeanor.
Ordinance Revising AMC Title 9 - Strikeout Version
10
Section 20. Arlington Municipal Code Section 9.52.040 is repealed in its entirety.
9.52.040 Wounding or tapping of animals.
Any person who willfully and without authority in law kills, wounds or traps an animal or
bird, or removes or destroys the young of any such animal or the egg of any such bird is
guilty of a misdemeanor.
Section 21. 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 22. Effective Date. A summary of this Ordinance consisting of its title
shall be published in the official newspaper of the City, and shall take effect and be in full force
five (5) days after the date of publication.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor
this ______ day of _____________________, 2010.
CITY OF ARLINGTON
____________________________________
Margaret Larson, Mayor
ATTEST:
___________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven J. Peiffle, City Attorney
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #10
ATTACHMENT M
COUNCIL MEETING DATE:
March 1, 2010
SUBJECT:
Ordinance amending and repealing certain
sections of Arlington Municipal Code Title 10
relating to vehicles and traffic regulations
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
Proposed Ordinance adopting revisions to AMC Title 10
Strikeout version of Ordinance adopting revisions to AMC Title 10
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: Legal review is complete
DESCRIPTION:
Proposed changes within Title 10 of the Arlington Municipal Code are attached for the
Council’s review and adoption. AMC Title 10 discusses regulations regarding vehicles and
traffic.
HISTORY:
The City Council is reviewing the Arlington Municipal Code to update it for eventual
publication to the City’s website.
The City Council has reviewed the proposed revisions to AMC Title 10 at the January 25 and
February 22 Council Workshops.
ALTERNATIVES:
Do not adopt the proposed ordinance.
Remand to staff with specific direction.
RECOMMENDED MOTION:
I move Council adopt the proposed ordinance amending and repealing certain sections of
Arlington Municipal Code Title 10 relating to vehicles and traffic regulations.
ORDINANCE NO. 2010-xxx 1
ORDINANCE NO. 2010-xxx
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON ADDING,
AMENDING AND REPEALING CERTAIN SECTIONS OF ARLINGTON
MUNICIPAL CODE TITLE 10 RELATING TO VEHICLES AND TRAFFIC
REGULATIONS
WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for
the general welfare of its citizens; and
WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require
revision; and
WHEREAS, the City Council of the City of Arlington has requested revisions be made to
Title 10, relating to vehicles and traffic regulations;
NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby
ordain as follows:
Section 1. Arlington Municipal Code Chapter 10.52 is repealed in its entirety.
Section 2. Arlington Municipal Code Section 10.54.040 is amended to read as
follows:
10.54.040 Prohibited parking designated.
When and where signs are erected and/or curbing painted red to give notice of a no
parking zone or fire zone, there shall be no parking of motor vehicles.
Section 3. A new section 10.54.050 is hereby added to Arlington Municipal Code
Chapter 10.54:
10.54.050 Prohibited Parking, additional.
(a) Except when necessary to avoid conflict with other traffic, or in compliance with the
directions of a police officer or an official traffic control device, it shall be unlawful to:
(1) Stop, stand, or park a vehicle in the following areas:
(a) on the roadway side of any vehicle stopped or parked at the edge or
curb of any street;
(b) on a sidewalk or street planting strip;
(c) within an intersection;
(d) on a crosswalk;
ORDINANCE NO. 2010-xxx 2
(e) along side or opposite any street excavation or obstruction when
stopping, standing, or parking would obstruct traffic or the view of the
traffic by other drivers;
(f) upon any bridge or other elevated structure upon a roadway;
(g) on any railroad tracks;
(h) in a posted fire lane, whether on public or private property;
(i) in a designated pedestrian walkway;
(j) at any place where official signs prohibit stopping;
(k) in the travel portion of any roadway; or
(l) in any location that obstructs the normal movement of traffic.
(2) Stand or park a vehicle, whether occupied or not in the following areas:
(a) in front of a public or private driveway or within five (5) feet thereof;
(b) within fifteen (15) feet of a fire hydrant;
(c) within twenty (20) feet of a crosswalk;
(d) within thirty (30) feet approaching any flashing signal, stop sign, yield
sign, or traffic control signal located at the side of a roadway;
(e) within twenty (20) feet of the driveway entrance to any fire station and
on the side of a street opposite the entrance to any fire station within
seventy five (75) feet of said entrance when signs are properly posted; or
(f) at any place where official signs prohibit standing.
(3) Park a vehicle, whether occupied or not, except to temporarily load or unload
property or passengers in the following areas:
(a) within fifty (50) feet of the nearest rail of a railroad crossing; or
(b) at any place where official signs prohibit parking.
(b) It shall be unlawful to reserve or attempt to reserve any portion of the roadway for
purpose of stopping, standing or parking to the exclusion of others, without specific
permission from the City of Arlington.
(c) Unless otherwise posted or regulated, vehicles stopped or parked on a roadway shall
be
(1) parked with the wheels parallel to and within twelve (12) inches of the curb, or
as close as practical to the edge of the roadway, as so not to obstruct traffic; and
(2) parked in the direction of authorized traffic movement.
(d) Parking Trailers, Campers, Motor homes, and Trucks.
(1) No person shall park any trailer or camper upon any street or alley for more
than 24 hours.
(2) Persons stopping, standing or parking trailers that are attached to towing
vehicles shall abide by all parking regulations as set forth in this chapter.
(3) No person shall stand or park a truck, motor home, or truck tractor-trailer
combination which has a manufacturer’s gross vehicle weight in excess of sixteen
(16) thousand pounds, a length in excess of twenty (20) feet or a width in excess
of eight (8) feet upon any portion of a street or alley within any residential zone as
defined in AMC Title 20, except when:
(a) Property is actively loaded or unloaded from such vehicle;
(b) The vehicle is a city vehicle or public utility vehicle providing a
service to the public;
(c) The vehicle is an emergency vehicle; or
ORDINANCE NO. 2010-xxx 3
(d) Such vehicle is currently used at and is located at a specific location
within a residential zone for the purpose of providing services such as
construction, carpentry, plumbing or landscaping to such residence or
location.
(4). Vehicles towing trailers or campers and Motor homes may stand or park on a
city street in a residential zone for a maximum period of seventy-two (72) hours
in any thirty (30) day period, if no other parking is available; provided said
vehicles do not violate any parking restrictions, such as posted time zones,
weight, or length restrictions and meet all other parking regulations.
(5). No person shall park any motor home or trailer in a city-owned parking lot for
more than seventy-two (72) hours.
Section 4. A new section 10.54.060 is hereby added to Arlington Municipal Code
Chapter 10.54:
10.54.060 Violation – Infraction and Impound.
A person violating any provision of this chapter commits an infraction, for the violation
of which they shall pay a civil penalty in the sum of $50.00 plus court fees, where
applicable. Any vehicle parked in violation of any provision of this chapter will be
subject to impound at the discretion of the police department.
Section 5. 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 6. Effective Date. A summary of this Ordinance consisting of its title
shall be published in the official newspaper of the City, and shall take effect and be in full force
five (5) days after the date of publication.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor
this ______ day of _____________________, 2010.
CITY OF ARLINGTON
____________________________________
Margaret Larson, Mayor
ORDINANCE NO. 2010-xxx 4
ATTEST:
___________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven J. Peiffle, City Attorney
ORDINANCE NO. 2010-xxx 1
ORDINANCE NO. 2010-xxx
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON ADDING,
AMENDING AND REPEALING CERTAIN SECTIONS OF ARLINGTON
MUNICIPAL CODE TITLE 10 RELATING TO VEHICLES AND TRAFFIC
REGULATIONS
WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for
the general welfare of its citizens; and
WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require
revision; and
WHEREAS, the City Council of the City of Arlington has requested revisions be made to
Title 10, relating to vehicles and traffic regulations;
NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby
ordain as follows:
Section 1. Arlington Municipal Code Chapter 10.52 is repealed in its entirety.
10.52.010 Definitions.
For the purpose of this chapter, "theater" means a building or structure having a stage
and/or motion picture screen and projection room and having an accommodation for an
audience of in excess of fifty persons; "performance" means any function, activity, show
or showing conducted in a theater, whether or not paid admissions are charged or the
theater is open to the general public; "fire-zone" means that portion of the street and curb
on which a theater fronts lying between the extension of the outside walls of the theater
building or structure; and "no parking signs" means signs of such size, clarity and
stability as shall be prescribed by the chief of police, provided that the requirements of
the chief of police shall not exceed the standards observed by the city with respect to the
city's no parking signs.
10.52.020 No parking signs placement-Starting time notification.
It is unlawful for any person, firm or corporation who is owner, lessee, licensee, operator
or sponsor of any performance at any theater within the city to fail to place at least two no
parking signs in the fire zone in front of such theater not less than two hours prior to the
admission of any audience to such theater, or to cause or permit the said no parking signs
to be removed therefrom at any time during the duration of such performance and until
the audience has been discharged from the theater. It is further unlawful for any such
person, firm or corporation to fail to have notified the chief of police or the city clerk of
the time of such performance at least four hours prior to the scheduled time thereof. In
the case of regularly scheduled performances, it is sufficient to comply with this
ORDINANCE NO. 2010-xxx 2
provision that such person, firm or corporation notify the chief of police or the city clerk
in writing, of the regular scheduled performances.
10.52.030 No parking signs-Placement direction.
The physical placing of the no parking signs on or adjacent to the fire zone shall be as
directed by the chief of police.
Section 2. Arlington Municipal Code Section 10.54.040 is amended to read as
follows:
10.54.040 Prohibited parking designated.
When signs are erected in each block giving notice thereof, no person shall at any time,
except as herein provided and as stated on the signs, park a vehicle on the following
streets or portions thereof:
(1) Maple Street between Olympic Avenue and Lebanon Street, both sides;
(2) Lebanon Street from Maple Street to West Avenue and from Maple Street to 67th
Avenue N.E. both sides;
(3) 67th Avenue between Division Street and Cox Avenue, both sides;
(4) West Avenue between Division Street and Cox Avenue, both sides;
(5) West Avenue between Cox Avenue and the north city limits, both sides;
(6) The north side of that portion of Third Street which extends from Lenore Avenue to
Mcleod Avenue, except that parking shall be permitted on Sundays only on the north side
of that portion of Third Street which extends from Lenore Avenue to French Avenue;
(7) Any bus loading zones, except from nine p.m. to three a.m., and except for Sundays;
(8) Olympic Avenue, between Maple and Union Streets, both sides;
(9) Highland Drive, between State Highway 9 and French Avenue, both sides;
(10) Mcleod Avenue, between Second Street and the southwest corner of the Arlington
Fire Department Administrative building, east side;
(11) The westbound lane of Division Street between High Street and Broadway Avenue,
south side;
(12) The eastbound lane of Division Street between Mcleod and French Avenue, North
side;
(13) Burke Avenue between the east parking lot entrance of Cascade District Court and
the Lincoln bridge, north side;
(14) Division Street from State Highway 9 to Olympic Avenue, south side;
(15) The first marked parking spaces located north and south of the crosswalk on the
west side of Olympic Avenue between Third and Fourth Streets, except for motorcycles
which may park in those spaces;
(16) Any no parking area as designated by red curbing and/or an appropriate sign giving
notice thereof;
(17) Any area designated as a fire lane by red street marking and/or an appropriate sign
giving notice thereof.
When and where signs are erected and/or curbing painted red to give notice of a no
parking zone or fire zone, there shall be no parking of motor vehicles.
ORDINANCE NO. 2010-xxx 3
Section 3. A new section 10.54.050 is hereby added to Arlington Municipal Code
Chapter 10.54:
10.54.050 Prohibited Parking, additional.
(a) Except when necessary to avoid conflict with other traffic, or in compliance with the
directions of a police officer or an official traffic control device, it shall be unlawful to:
(1) Stop, stand, or park a vehicle in the following areas:
(a) on the roadway side of any vehicle stopped or parked at the edge or
curb of any street;
(b) on a sidewalk or street planting strip;
(c) within an intersection;
(d) on a crosswalk;
(e) along side or opposite any street excavation or obstruction when
stopping, standing, or parking would obstruct traffic or the view of the
traffic by other drivers;
(f) upon any bridge or other elevated structure upon a roadway;
(g) on any railroad tracks;
(h) in a posted fire lane, whether on public or private property;
(i) in a designated pedestrian walkway;
(j) at any place where official signs prohibit stopping;
(k) in the travel portion of any roadway; or
(l) in any location that obstructs the normal movement of traffic.
(2) Stand or park a vehicle, whether occupied or not in the following areas:
(a) in front of a public or private driveway or within five (5) feet thereof;
(b) within fifteen (15) feet of a fire hydrant;
(c) within twenty (20) feet of a crosswalk;
(d) within thirty (30) feet approaching any flashing signal, stop sign, yield
sign, or traffic control signal located at the side of a roadway;
(e) within twenty (20) feet of the driveway entrance to any fire station and
on the side of a street opposite the entrance to any fire station within
seventy five (75) feet of said entrance when signs are properly posted; or
(f) at any place where official signs prohibit standing.
(3) Park a vehicle, whether occupied or not, except to temporarily load or unload
property or passengers in the following areas:
(a) within fifty (50) feet of the nearest rail of a railroad crossing; or
(b) at any place where official signs prohibit parking.
(b) It shall be unlawful to reserve or attempt to reserve any portion of the roadway for
purpose of stopping, standing or parking to the exclusion of others, without specific
permission from the City of Arlington.
(c) Unless otherwise posted or regulated, vehicles stopped or parked on a roadway shall
be
(1) parked with the wheels parallel to and within twelve (12) inches of the curb, or
as close as practical to the edge of the roadway, as so not to obstruct traffic; and
(2) parked in the direction of authorized traffic movement.
(d) Parking Trailers, Campers, Motor homes, and Trucks.
ORDINANCE NO. 2010-xxx 4
(1) No person shall park any trailer or camper upon any street or alley for more
than 24 hours.
(2) Persons stopping, standing or parking trailers that are attached to towing
vehicles shall abide by all parking regulations as set forth in this chapter.
(3) No person shall stand or park a truck, motor home, or truck tractor-trailer
combination which has a manufacturer’s gross vehicle weight in excess of sixteen
(16) thousand pounds, a length in excess of twenty (20) feet or a width in excess
of eight (8) feet upon any portion of a street or alley within any residential zone as
defined in AMC Title 20, except when:
(a) Property is actively loaded or unloaded from such vehicle;
(b) The vehicle is a city vehicle or public utility vehicle providing a
service to the public;
(c) The vehicle is an emergency vehicle; or
(d) Such vehicle is currently used at and is located at a specific location
within a residential zone for the purpose of providing services such as
construction, carpentry, plumbing or landscaping to such residence or
location.
(4). Vehicles towing trailers or campers and Motor homes may stand or park on a
city street in a residential zone for a maximum period of seventy-two (72) hours
in any thirty (30) day period, if no other parking is available; provided said
vehicles do not violate any parking restrictions, such as posted time zones,
weight, or length restrictions and meet all other parking regulations.
(5). No person shall park any motor home or trailer in a city-owned parking lot for
more than seventy-two (72) hours.
Section 4. A new section 10.54.060 is hereby added to Arlington Municipal Code
Chapter 10.54:
10.54.060 Violation – Infraction and Impound.
A person violating any provision of this chapter commits an infraction, for the violation
of which they shall pay a civil penalty in the sum of $50.00 plus court fees, where
applicable. Any vehicle parked in violation of any provision of this chapter will be
subject to impound at the discretion of the police department.
Section 5. 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 6. Effective Date. A summary of this Ordinance consisting of its title
shall be published in the official newspaper of the City, and shall take effect and be in full force
five (5) days after the date of publication.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor
this ______ day of _____________________, 2010.
ORDINANCE NO. 2010-xxx 5
CITY OF ARLINGTON
____________________________________
Margaret Larson, Mayor
ATTEST:
___________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven J. Peiffle, City Attorney