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HomeMy WebLinkAbout01-16-24 Council MeetingSPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER Mayor Don Vanney PLEDGE OF ALLEGIANCE ROLL CALL Mayor Don Vanney – Julie APPROVAL OF THE AGENDA Mayor Pro Tem Jan Schuette INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Brian Lewis, Executive Director of Operations and Gina Zeutenhorst, Executive Director of Financial Services, from Arlington Public Schools, providing bond and levy information. Introduced by Mayor Don Vanney PROCLAMATIONS PUBLIC COMMENT For members of the public who wish to speak to the Council about any matter not on the Public Hearing portion of the meeting. Please limit remarks to three minutes. CONSENT AGENDA Mayor Pro Tem Jan Schuette 1. Minutes of the January 2 and January 8, 2024 Council meetings ATTACHMENT A 2. Accounts Payable ATTACHMENT B PUBLIC HEARING NEW BUSINESS 1. Resolution to Support Arlington School District ATTACHMENT C Staff Presentation: Paul Ellis Council Liaison: Yvonne Gallardo-Van Ornam 2.Interlocal Agreement with Snohomish County for ATTACHMENT D Embedded Social Worker Staff Presentation: Paul Ellis Council Liaison: Heather Logan Arlington City Council Meeting Tuesday, January 16, 2024 at 6:00 pm City Council Chambers – 110 E 3rd Street SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required. 3. Ordinance to Amend Arlington Municipal Code Chapter 13.12 ATTACHMENT E Regarding Utility Rate Increases Staff Presentation: Paul Ellis Council Liaison: Debora Nelson 4. Procurement of Surplus Dump Truck from Snohomish County ATTACHMENT F Staff Presentation: Paul Ellis Council Liaison: Michele Blythe 5. Ordinance to Amend Arlington Municipal Code Title 2.44 ATTACHMENT G Regarding the Airport Commission Staff Presentation: Paul Ellis Council Liaison: Yvonne Gallardo-Van Ornam 6.Resolution to Adopt 2025/2026 Biennial Budget Calendar ATTACHMENT H Staff Presentation: Paul Ellis Council Liaison: Mayor Pro Tem Jan Schuette 7. Selection of Mayor Pro Tem ATTACHMENT I Staff Presentation: Paul Ellis COMMENTS FROM COUNCILMEMBERS INFORMATION/ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT EXECUTIVE SESSION RECONVENE ADJOURNMENT Mayor Pro Tem Jan Schuette / Mayor Don Vanney DRAFT Page 1 of 3 Council Chambers 110 East 3rd Street Tuesday, January 2, 2024 Councilmembers Present: Heather Logan, Debora Nelson, Rob Toyer, Jan Schuette, Michele Blythe, and Yvonne Gallardo-Van Ornam. Council Members Absent: None. Staff Present: Mayor Don Vanney, Paul Ellis, Sarah Lopez, Julie Petersen, Sheri Amundson, Marc Hayes, Linda Taylor, Jonathan Ventura, Mike Gilbert, Andrea Hill, Mike Phillips, City Attorney Steve Peiffle, Bryan Terry, and Wendy Van Der Meersche. Also Known to be Present: Kathy Vanney, Jerry Vanney, June Backlund, Kim Casteel, Julie Good, Nathan Senff, Rich Senff, Kaitlyn Goubeau, Jennifer Rancourt, Jan Bauer, Dale Petersen, Bryce Petersen, Holly Sloan-Buchanan, Steve Maisch, Dave Kraski, and Toby Strotz. Mayor Don Vanney called the meeting to order at 6:00 p.m., and the Pledge of Allegiance and roll call followed. APPROVAL OF THE AGENDA Mayor Pro Tem Jan Schuette moved to approve the agenda as presented. Councilmember Debora Nelson seconded the motion, which passed with a unanimous vote. OATHS OF OFFICE Judge Jennifer Rancourt administered the oaths of office to Mayor Don Vanney and Councilmembers Michele Blythe, Yvonne Gallardo-Van Ornam, and Rob Toyer. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Dr. Kaitlyn Goubeau, CEO and Founder of the Center for Justice Social Work provided an update on the City’s mobile integrated health program. PROCLAMATIONS None. PUBLIC COMMENT Jay Lindberg, Stanwood, provided public comment. James Chapman, Arlington, provided public comment. Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting January 2, 2024 Page 2 of 3 CONSENT AGENDA Mayor Pro Tem Jan Schuette moved, and Councilmember Debora Nelson seconded the motion to approve the Consent Agenda that was unanimously carried: 1. Minutes of the December 18, 2023 Council meeting 2. Accounts Payable: Approval of EFT Payments and Claims Checks: #109657 through #109760 dated December 5, 2023 through December 18, 2023 for a total of $946,071.41. PUBLIC HEARING None. NEW BUSINESS Memorandum of Agreement with AFSCME City Administrator Paul Ellis requested Council approve the memorandum of agreement with AFSCME. The Memorandum of Agreement by and between the City of Arlington and the Arlington City Employees, Local 2849 of the Washington State Council of County and City Employees, Council 2, AFSCME shall apply to employees covered by the Collective Bargaining Agreement (“CBA”) that came into effect January 1, 2022, and is set to expire on December 31, 2024. The Memorandum of Agreement extends the agreement 1 additional year, to December 31, 2025, based on the terms described in the Memorandum of Agreement. The AFSCME Collective Bargaining Agreement became effective January 1, 2022 and was set to expire December 31, 2024. Mayor Pro Tem Jan Schuette moved, and Councilmember Debora Nelson seconded the motion to approve the Memorandum of Agreement and authorized the Mayor to sign. The motion passed unanimously. Construction Contract for Phase 1 of Smokey Point Community Park Community and Economic Development Director Marc Hayes requested Council approve a construction contract with Reece Construction. A public bid opening was held December 1, 2023, for the construction of Phase 1 of the Smokey Point Community Park. Thirteen bids were received and openly read, with base bid total amounts ranging from $2,103,999.02 to $3,115,000.00. Rock Project Management reviewed all bid documents and verified that Reece Construction was the low bidder and recommends that the City award the construction contract to Reece Construction for the park project. The initial Smokey Point Community Park conceptual plan was presented at the City Council Spring Retreat April 10, 2021. Since that time, the park design has been presented at numerous public meetings, and the park property was purchased in October of 2022. On March 23, 2023, at the Strategic Priorities Retreat, City Council approved a $3,000,000.00 budget for the design, amenities, and construction of the park. City staff selected Rock Project Management through the Request for Proposal process to design park/amenities, provide cost estimates, and manage construction of the project. Final construction documents were completed in November of 2023. At the November 6, 2023 meeting, Minutes of the City of Arlington City Council Meeting January 2, 2024 Page 3 of 3 Council approved a transfer of $1,000,000.00 in ARPA funds to address the increase in construction costs for the project. Staff is ready to award the construction contract and begin construction of Phase 1 of the Smokey Point Community Park. Councilmember Debora Nelson moved, and Councilmember Heather Logan seconded the motion to approve a contract with Reece Construction and authorized the Mayor to sign the contract, in an amount not to exceed $2,103,999.02, subject to final review by the City Attorney. COMMENTS FROM COUNCILMEMBERS Councilmembers Debora Nelson and Michele Blythe thanked Mr. Chapman for providing public comment tonight. City Administrator Paul Ellis stated he would follow up. ADMINISTRATOR & STAFF REPORTS None. MAYOR’S REPORT None. EXECUTIVE SESSION None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 6:36 p.m. _________________________________________ Don E. Vanney, Mayor DRAFT Page 1 of 2 Council Chambers 110 East 3rd Street Monday, January 8, 2024 Councilmembers Present: Rob Toyer, Yvonne Gallardo-Van Ornam, Debora Nelson, Michele Blythe, Heather Logan, and Jan Schuette. Council Members Absent: None. Staff Present: Mayor Don Vanney, Paul Ellis, Marty Wray, Sheri Amundson, Jim Kelly, Jonathan Ventura, Bryan Terry, and Julie Petersen. Also Known to be Present: Kathy Vanney, Holly Sloan-Buchanan, Victoria Visintainer, Tiffany Krusey, and others. Mayor Vanney called the meeting to order at 6:00 p.m., and the Pledge of Allegiance and roll call followed. APPROVAL OF THE AGENDA Mayor Pro Tem Jan Schuette moved to approve the agenda as presented. Councilmember Debora Nelson seconded the motion, which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None. WORKSHOP ITEMS – NO ACTION WAS TAKEN Ordinance to amend Arlington Municipal Code chapter 13.12 regarding utility rate increases Public Works Director Jim Kelly shared the proposal to amend Arlington Municipal Code (AMC) 13.12 allowing the city to reduce implementation of the 2024 mandatory water, sewer, and stormwater utility rate increases. The current October to October CPI is 4.8%, a CPI that could be an undue burden during current economic times. As such, staff is requesting that the CPI increase for 2024 be reduced to 2.5%. Discussion followed with Mr. Kelly answering Council questions. Procurement of surplus dump truck from Snohomish County Public Works Director Jim Kelly requested the purchase of a used dump truck from Snohomish County pursuant to intergovernmental surplus equipment sale allowed in RCW 39.33.010 to replace the existing dump truck scheduled for replacement. Purchase of this unit will allow the city to remain in compliance with state regulations regarding hauling biosolids. Discussion followed with Mr. Kelly answering Council questions. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Workshop January 8, 2024 Page 2 of 2 Ordinance to amend Arlington Municipal Code title 2.44 regarding the Airport Commission Airport Director Marty Wray explained that historically it has been required that all seven of the Airport Commissioners live within the city limits. Recent state legislation expands the list of potential commission members but ties their membership to relevant experience or knowledge and requires the adoption of a code of ethics. The Commission and staff recommend that the City Council approve the ordinance incorporating these changes. Discussion followed with Mr. Wray answering Council questions. Social Services presentation Councilmember Heather Logan presented an overview of the 2022 social service data from the Bridge Coordination Services work in the community. She recognized the teams and agencies that are supporting the vulnerable communities in the Arlington area. She reviewed five main data points: Center for Justice, Domestic Violence, Arlington Community Food Bank, Arlington Resource Center and Volunteers of America Western Washington, and the Arlington Police Department with the Embedded Social Work Team. ADMINISTRATOR & STAFF REPORTS City Administrator Paul Ellis announced that the city staff are preparing for any storm or snowstorms and shared that the Communications Team is gathering a list of addresses from Snohomish County for Cold Weather Shelters in the surrounding areas. MAYOR’S REPORT None. COMMENTS FROM COUNCILMEMBERS Councilmember Heather Logan thanked the Public Works Department for responding so quickly to the stormwater retention pond flooding. COUNCILMEMBER REPORTS None. PUBLIC COMMENT None. REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING Councilmembers discussed and agreed to put all agenda items on new business at the January 16, 2024 Council meeting. EXECUTIVE SESSION None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:04 p.m. _________________________________________ Don E. Vanney, Mayor City of Arlington Council Agenda Bill CA #2 Attachment January 16, 2024 Accounts Payable Claims Approval Claims Approval Finance; Kristin Garcia, Director 360-403-3431 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: ALTERNATIVES: City of Arlington January 16th, 2024 Council Meeting Claims Certification: We, the undersigned City Council of the City of Arlington, Washington do hereby certify that the merchandise or services hereinafter specified have been received and that: Approval of EFT Payments and Claims Checks: #109761 through #109848 dated December 19th, 2023 through December 30th, 2023 for $611,262.49 #109849 through #109867 dated January 1st, 2024 through January 2nd, 2024 for $1,192,531.57 Approval of Payroll EFT Payments and Check #30327 through #30333 dated December 1st, 2023 through December 31st, 2023 in the amount of $1,444,372.84 City of Arlington Council Agenda Bill NB #1 Attachment January 16, 2024 Resolution Administration; Paul Ellis, City Administrator 360-403-4603 EXPENDITURES REQUESTED: N/A BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: students, teachers, and staff of the school district. The City Council believes that a community’s support for its students as reflected by school facilities is critical to the quality of life in a community and to the community’s own sense of pride, and that our community’s quality of life would be improved dramatically if adequate school facilities are provided to our children. resolution. RESOLUTION NO. 2024-XXX WHEREAS, the Arlington City Council fully supports the Arlington School District in providing a safe learning facility for the students, teachers, and staff of the school district; WHEREAS, as stewards of the resources of the taxpayers of the city, the Arlington City Council feels a responsibility to acknowledge the needs of the Arlington School District; and WHEREAS, at the February 13, 2024 special election, the School District is presenting two levy propositions: a renewal of an expiring Educational Programs and Operations Levy and a renewal of a Capital Levy for Health, Safety, Infrastructure and Facility Improvements; and WHEREAS, the City Council believes that a community’s support for its students as re�lected by school facilities is critical to the quality of life in a community and to the community’s own sense of pride, and that our community’s quality of life would be improved dramatically if adequate school facilities are provided to our children; and WHEREAS, at the January 16, 2024 City Council meeting, the potential adoption of a resolution in support of the levies was duly noticed, and opponents given an approximately equal time to present opposing viewpoints as required by RCW 42.17A.555; and WHEREAS, after consideration of all input, the Council believes adoption of this resolution to be in the best interests of the citizens of Arlington; NOW THEREFORE, be it resolved by the City Council of the City of Arlington, as follows: 1. The City Council supports the efforts of the Arlington School District to provide safe learning facilities for its students and encourages all eligible voters to participate and vote in the special election on February 13, 2024. APPROVED by the Mayor and City Council of the City of Arlington this 16th day of January, 2024. CITY OF ARLINGTON _______________________________________ Don E. Vanney, Mayor ATTEST: _________________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: _________________________________________ Steven J. Peif�le City Attorney City of Arlington Council Agenda Bill NB #2 Attachment January 16, 2024 Interlocal Agreement (ILA) with Snohomish County for Law Enforcement Embedded Social Worker (LEESW) Interlocal Agreement with Snohomish County for Law Enforcement Embedded Social Worker Administration; Paul Ellis, City Administrator 360-403-4603 EXPENDITURES REQUESTED: $220,363.00 BUDGET CATEGORY: Police BUDGETED AMOUNT: $220,363.00 LEGAL REVIEW: DESCRIPTION: The ILA for a law enforcement embedded social worker with Snohomish County concluded December 31, 2023. The proposed agreement with Snohomish County will continue with a full time, embedded social worker with Arlington. This agreement also provides for back fill during employee leave and medical oversight needed to administrate the program. The City of Arlington and Snohomish County have been working together with a Law Enforcement Embedded Social Worker (LEESW) program. The goal of the LEESW program is to provide an alternative police response to those people with social service needs within and/or directly impacting the City of Arlington. The interlocal agreement outlines the purpose, activities, and commitment of resources from each agency. The ILA was for two years, expiring December 31, 2023. ALTERNATIVES: Remand to staff for additional information. Social Worker and authorize the Mayor to sign the agreement. City of Arlington Interlocal Agreement 2024-2026 Page 1 of 15 INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND CITY OF ARLINGTON REGARDING SNOHOMISH COUNTY OUTREACH TEAM This INTERLOCAL AGREEMENT (the “ILA” or “Agreement”) is entered into between SNOHOMISH COUNTY HUMAN SERVICES DEPARTMENT, hereinafter “the County” and the CITY OF ARLINGTON, hereinafter “the City”, a municipal corporation, pursuant to Chapter 39.34 RCW. The County and the City (collectively, “the parties”) hereby agree as follows: I. PURPOSE A. The purpose of this Agreement is to set forth the duties between the County and the City of Arlington regarding a program that embeds a County social services worker with the City of Arlington Police Department (APD), to be known as the Snohomish County Outreach Team (“SCOUT”). The goal of the SCOUT program is to provide an alternative police & security response to those people with social service needs within and/or directly impacting the City of Arlington. By sharing workspace with a social service worker at APD, partnerships will be created between APD and the social service agencies in the region. The SCOUT will provide assistance with police response to those in the community who have unmet social service needs related to homelessness and housing, mental illness, substance misuse and abuse, veteran status, medical concerns, financial needs and other related concerns. This program aims to build relationships with vulnerable individuals, reduce and/or eliminate barriers to existing resources and assist individuals to access the support and services available to them. This then allows law enforcement and security to focus on other criminal and/or Rules of Conduct issues within the City. B. Both Parties agree to work collaboratively to comply with the intent of this Agreement. Activities by APD and SCOUT will include, but are not limited to, the identification, assessment, and referral of adults with unmet social service City of Arlington Interlocal Agreement 2024-2026 Page 2 of 15 needs to available services in the community based on an individualized needs assessment. II. OBJECTIVES AND STRATEGIES The Parties mutually acknowledge the following objectives and strategies with respect to this Agreement: A. Establish effective coordination and partnerships between social services providers and security / law enforcement. B. Improve response and provide effective services and follow-up with individuals who have unmet social service needs. C. Make more effective use of law enforcement and security resources by diverting or referring individuals with unmet social service needs to the SCOUT program. D. Maintain data on program outputs related to individuals who receive services from the SCOUT program. E. Engage, motivate, and support individuals in addressing unmet social service needs. F. Strategies used by the SCOUT to achieve these objectives may include without limitation: 1. Providing outreach, engagement and liaison support to those people that are encountered by law enforcement who are vulnerable and have unmet social service needs. 2. Providing training to security and law enforcement on social service resources. 3. Developing a procedure for identifying and screening people with social service needs. 4. Developing a network of working relationships with a wide array of social service providers within Snohomish County, including but not limited to Snohomish County Crisis Services, Snohomish County Jail, Withdrawal Management providers, emergency housing providers, behavioral health providers, recovery housing landlords, and others as indicated. City of Arlington Interlocal Agreement 2024-2026 Page 3 of 15 5. Follow-up with identified individuals in an effort to bridge gaps between police contacts and social services. III. ADMINISTRATOR; NOTICE; POINTS OF CONTACT; SELECTION OF DESIGNATED SCOUT MEMBER A. The APD Support Services Sergeant shall serve as the Administrator of this Agreement. B. Official notices to each of the parties shall be provided to the individual Points of Contact designated below: The City Point of Contact: The County Point of Contact: Jonathan Ventura Anji Jorstad Chief of Police Behavioral Health Supervisor City of Arlington Snohomish County Human Services C. Arlington Police Department Management, or designee, may participate in any hiring oral board conducted to fill assigned SCOUT personnel. The County retains the right to remove, or re-assign personnel as needed. Replacement of personnel is subject to the selection process described this Exhibit E. D. If APD has good cause to believe that a County employee is not effectively performing in accordance with this Agreement, APD may recommend in writing to the County that the employee be removed from the APD assignment. Within ten business days after receiving the recommendation, an APD representative will meet with the County Behavioral Health Supervisor, or designee, to discuss the recommendation. If in the opinion of the Behavioral Health Supervisor or APD, or their designees, the problem cannot be resolved, then the employee may be removed from serving APD pursuant to this Agreement and replaced by another member of the SCOUT team. IV. REFERRAL PROCESS The parties shall work collaboratively to continue development of and to maintain processes for referral of individuals into the program established under this Agreement. This includes, without limitation, eligibility assessments by County staff. Individuals may be referred for alternative services according to individual need and service availability. V. GEOGRAPHICAL LOCATION In performing services under this Agreement, the SCOUT will focus primarily within the jurisdiction of the City of Arlington but may also from time to time assist with City of Arlington Interlocal Agreement 2024-2026 Page 4 of 15 outreach in areas that have an immediate nexus to and impact upon the City of Arlington. VI. COMMITMENT OF RESOURCES A. The City agrees to commit the following resources to the program established under this Agreement: 1. The total cost of employing one (1) FTE embedded social services worker— provided to the County as outlined in Article XIV of this Agreement. 2. The total cost of ancillary services directly associated with this embedded social services worker to include costs outlined below: a. Shelter/housing - to include brief hotel stays, housing rental assistance and other financial assistance necessary to maintain housing placement. b. Housing supports – to include housing application fees, deposit assistance, move-in supplies (bedding, toiletries, lockboxes for medication, hygiene items, and other items that meet Individual needs). c. Orca cards and transportation assistance to get to treatment, medical appointments and other travel directly related to defined needs d. Flexible client assistance funds as defined below: i. Flex funds are utilized to procure goods and/or services directly related to the needs of individuals, which cannot be met through existing categorical services or formal/informal community mechanisms. Examples of such purchases may include, but are not limited to, food, clothing, medicine, bus pass, gas vouchers, or obtaining documents or special assessments needed for benefits applications. ii. Flex funds shall not be paid directly to the Individual and are prohibited from being used for the purchase of alcohol, marijuana, vaping equipment, tobacco, firearms, ammunition, or other weaponry. Gift cards may not be purchased for shops that sell prohibited items unless the card is restricted from such purchases by the vendor upon activation. 3. Reasonable access to workstations within the Arlington Police Department for the SCOUT. City of Arlington Interlocal Agreement 2024-2026 Page 5 of 15 4. Subject to reasonable availability and Arlington Police Department determined prioritization, Law Enforcement dedicated resources to support the objectives of this program. 5. At its sole discretion, the City may authorize and directly pay the costs of training or conference attendance of SCOUT. The training or conferences shall be related to social services law enforcement environments and shall be to the benefit of the City of Arlington. Travel and related expenses for training or conferences shall be in accordance with the City policy. SCOUT personnel scheduling, availability, suitability, and budget for training shall be mutually decided upon by the County and the City prior to the training. B. The County agrees to commit the following resources to the project established under this Agreement: 1. One social services worker (SCOUT) who will be embedded full-time (1.0 FTE) at the APD. 2. Coordination of funding to cover the program costs as provided in Article XIV of this Agreement. 3. Supervision and training for the SCOUT. 4. Except as expressly provided in this Agreement, all necessary equipment, tools, and materials for the SCOUT to perform his/her duties, including: a. Snohomish County Human Services identification. b. Clothing that is necessary for outdoor working conditions. c. Vehicles and/or other transportation means necessary for the SCOUT to perform his/her duties hereunder, to include mileage reimbursement for use of personal vehicle during work hours. d. Other equipment including personal protective equipment (PPE). e. Other equipment determined necessary and mutually agreed upon by the Parties. 5. The Parties jointly agree to commit use of facilities, i.e., phones, furniture, copy machines, fax as reasonably available. Provided, that resource allocation shall be determined jointly on an ongoing basis with reasonable and good faith consideration afforded to the Parties’ respective budgets and workload constraints. City of Arlington Interlocal Agreement 2024-2026 Page 6 of 15 6. If SCOUT assigned to the City is absent from duty due to illness, injury, or similar issue for more than two (2) weeks the County will provide an alternate SCOUT team member to provide coverage until such time as the original SCOUT team member returns or is permanently replaced. VII. SUPERVISION; EMPLOYMENT STATUS; INSURANCE A. The APD Support Services Sergeant shall, in collaboration with SCOUT, manage day-to-day operations of the designated SCOUT member. Program team members shall be supervised by their designated supervisor in the Snohomish County Department of Human Services. B. The Parties shall communicate regularly to review operations and discuss needed project adjustments. C. Each team members shall be responsible for complying with their respective agency’s policies and procedures. D. Neither the SCOUT or APD police officers are agents of the other party respectfully, neither shall act as the agent of the other. E. The SCOUT shall be and remain a County employee at all times relevant to this Agreement. Without limitation of the foregoing, no employment relationship shall be created under this Agreement between the City of Arlington and the SCOUT and/or any other employee of the County, or between the County and any employee of the City of Arlington. The City shall not be liable for, nor obligated to pay to the County, or any employee of the County, specifically including without limitation the SCOUT, compensation, sick leave, vacation pay, overtime or any other benefit applicable to employees of the City, nor to pay or deduct any social security, income tax, or other tax from the payments made to SCOUT which may arise as an incident of the SCOUT performing services hereunder. Without limitation of the foregoing, the City shall not be obligated to pay industrial insurance for the services rendered by the SCOUT. F. The County shall procure and maintain at all times, relevant to this Agreement, liability insurance coverage for the SCOUT and any vehicle used by the SCOUT in performing services under this Agreement in the same manner and in the same coverage amounts as provided for other County employees. City of Arlington Interlocal Agreement 2024-2026 Page 7 of 15 VIII. STANDARD OPERATING PROCEDURES The following operating procedures may be supplemented in writing or by practice. The following is not intended to be an exclusive or exhaustive set of policies and procedures. A. Hours of Operation for the SCOUT shall be as determined and agreed upon by the Parties. B. Information Sharing: To the extent allowed by law, the SCOUT shall share information about his/her activities under this Agreement with APD. The SCOUT shall upon APD’s request participate in administrative hearings, including without limitation hearings concerning officer discipline, related to activities the SCOUT may witness in performing his/her duties under this Agreement. The SCOUT shall assist APD officers upon request by providing written statements and shall testify in court proceedings as required. APD officers shall reasonably cooperate with the SCOUT by providing incident reports, statements, and offender photos as allowed by law. Any release of records or other information shall comply with the City and Snohomish County policies related to confidentiality, as well as applicable state and federal law. C. Community Contact: The SCOUT shall engage and communicate with the Arlington community including, but not limited to, providing outreach, presentations and training to community groups. IX. OUTREACH, ENGAGEMENT AND LIAISON ACTIVITIES The SCOUT and APD shall work as a team to provide the following services: A. Provide outreach to individuals with unmet social service needs on or around the City of Arlington and other areas of impact. B. Provide outreach via phone to individuals self-referring for services who have unmet social service needs. C. Provide education and information to limited and designated community partners after case consultation has occurred, including but not limited to law enforcement, behavioral health treatment centers and other social service partners. D. Meet with above identified individuals to discuss individual goals and program objectives which include but are not limited to: 1. Pursuit of and enrollment in substance use disorder treatment. City of Arlington Interlocal Agreement 2024-2026 Page 8 of 15 2. Pursuit of and enrollment in mental health treatment. 3. Exploration of and securing available safe and affordable housing resources. 4. Identification of other needs and resources available, including but not limited to medical issues, education and employment goals, family unification/reunification, procurement of identification, enrollment in medical benefits, procurement of mainstream benefits such as Housing and Essential Needs (HEN), Aged, Blind and Disabled Medicaid (ABD) and Supplemental Security Income (SSI). E. The SCOUT shall work with individuals to develop a plan to meet the agreed upon goals. The plan may include but is not limited to: 1. Facilitation of entry into the Snohomish County Diversion Center (DC). 2. Facilitation of entry into a licensed withdrawal management facility. 3. Facilitation of entry into inpatient or outpatient SUD or MH treatment. 4. Working with area treatment centers to facilitate assessment and authorization for treatment. 5. Assisting to procure identification. 6. Assisting with enrollment into a medical benefit system. 7. Assisting with enrollment into the Coordinated Entry homeless housing system. 8. Orienting individuals to the services provided via the Carnegie Resource Center. 9. Coordinating transportation to assessments, treatment, and other appointments in collaboration with the DC if that is their current residence. 10. Assisting to establish a medical provider. F. The SCOUT shall continue to work with the individual once treatment services begin. This may include but is not limited to: 1. Assisting in securing time-limited housing through the Human Services’ Behavioral Health Divisions’ Rapid Rehousing program as funding allows. City of Arlington Interlocal Agreement 2024-2026 Page 9 of 15 2. Discussing a plan for developing housing self-sufficiency to include increasing individuals’ income and exploring more permanent housing options. 3. Maintaining contact with the individual and landlord to address issues as they arise. 4. Providing a warm handoff to outpatient treatment agency and ensure release of information forms are signed to enable care coordination. G. The SCOUT shall be responsible for documenting all contacts in the Behavioral Health database within seventy-two (72) hours of contact. This shall include: 1. Accurate demographics. 2. Time spent with each individual receiving services. 3. Accurate outcomes recorded. 4. Notes regarding encounters and planning activity. 5. Incident documentation. 6. Data for each month shall be completed no later than the first Monday of the month following the service month. H. The SCOUT shall attend designated community meetings and presentations that add value to the program. Any community meetings or presentations shall be vetted through the County Behavioral Health Supervisor prior to making a commitment to attend or present. These shall be no more than ten percent of the SCOUT team members’ time. I. The SCOUT shall ensure that arrested individuals who are referred to the SCOUT in lieu of booking are provided with appropriate referrals based in indicated need and follow-up to ensure the individual has utilized the resources provided. J. The SCOUT shall ensure that arrested and booked individuals who are referred to the SCOUT are provided assistance in accessing needed treatment services. X. ROLES AND RESPONSIBILITIES DURING CONTACT A. The SCOUT shall make contact with people in need of social services both in the field and at their assigned duty station or business office. The SCOUT shall City of Arlington Interlocal Agreement 2024-2026 Page 10 of 15 conduct outreach as deemed necessary and interact with individuals with unmet social service needs. B. The City of Arlington law enforcement and security will provide transportation when needed to individuals in need of services or assessment and work to create and maintain a safe and secure environment to allow the SCOUT social services worker to engage with individuals safely. C. The SCOUT shall discuss contacted individual with warrants, with the APD Community Outreach Officer (or designee) and a decision regarding booking the individual shall be made at that time. The booking of the individual shall be discretionary and based upon APD’s judgment as to which approach would be in the best interest of the individual and the community. D. The SCOUT shall not be expected to conduct criminal interviews and is not an agent of APD during outreach in the community. If the SCOUT is subpoenaed as a result of the coordinated effort with APD, the SCOUT shall appear in court and shall testify. XI. STATISTICS AND EVALUATION A. The SCOUT program established under this agreement shall be funded through December 31, 2026, subject to appropriation. The SCOUT program shall be evaluated by the Parties for efficiency and impact. B. The SCOUT will maintain a log and record statistics on his/her work with APD which can be evaluated on a regular basis. Those statistics may be used to map any trends in the target demographic. The results of the evaluation will be forwarded to each party for review. C. Measures for the above-referenced evaluation may include, without limitation, the following: 1. Number of contacts: Include date, name, date of birth, area where contacted, gender, veterans’ status, home address (if applicable). 2. Number of hours the SCOUT spent on achieving individual outcomes. 3. Name of law enforcement involved in outreach. 4. Name of any social service groups involved in outreach. 5. Result of contact: i.e., referral, placement, refusal. City of Arlington Interlocal Agreement 2024-2026 Page 11 of 15 6. Outputs achieved. 7. Unmet social services issues or concerns 8. Training conducted. 9. Meetings attended. 10. Other agreed upon relevant measurements. XII. INDEMNIFICATION AND HOLD HARMLESS Each party shall protect, hold harmless, indemnify and defend the other party, its elected officials, officers, employees and agents, from and against any loss or claim for damages of any nature whatsoever, including claims by third parties or employees against which it would otherwise be immune under Title 51 RCW or other law, arising out of any act or omission of the first party in performance of this Agreement by itself, its elected or appointed officials, officers, employees or agents, except to the extent such loss or claim is attributable to the negligence or willful misconduct of the second party, its elected officials, officers, employees or agents. To the extent that a loss or claim hereunder arises out of the joint or concurrent negligence of both parties, the parties’ respective liabilities shall be as provided by the laws of the State of Washington. Each Party’s waiver of immunity under Title 51 RCW above, made solely for the purposes of this indemnification, has been mutually negotiated by the Parties. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. TERM; TERMINATION This Agreement shall be effective upon approval and signature of this interlocal agreement by both the Snohomish County Council and County Executive and City of Arlington and shall continue in effect until December 31, 2026, unless terminated as provided herein or mutually extended by written agreement of the Parties. Either Party may terminate this Agreement with or without cause by providing the other Party with at least thirty (30) days written notice. Termination of the Agreement will not result in a refund of payments previously remitted for that calendar year. City of Arlington Interlocal Agreement 2024-2026 Page 12 of 15 XIV. DIVISION OF LEESW PROGRAM COSTS 2024 COSTS Salary* $ 83,831 *Based on a full- category. Benefits** $ 37,724 depending on number of dependents etc. Parties mutually acknowledge this estimate is consistent with employees in similar positions. Coverage $ 9,350 Supplies*** $ 1,432 supplies, motor pool/mileage etc. Indirect/FTE ^ $ 27,524 ∧ category and prorated reimbursables. Also known as “burden” or billable costs, estimate based on Program Cost/FTE $ 175,223 Portion $175,223 Flex Funds $9,200 Based on average cost of flex funds for fiscal year 2022-2023 Voucher (.5) $45,140 2022-2023 ($9,200) Portion $ 220,363 Amount Arlington will contribute for 2024 City of Arlington Interlocal Agreement 2024-2026 Page 13 of 15 A. The City shall reimburse the county one hundred percent (100%) of the total cost of a FTE SCOUT position and related indirect costs including ancillary services directly associated with APD SCOUT social services worker – costs associated with shelter, housing, housing supports, transportation and other necessary incidentals, as outlined in Article VI, not to exceed $229,563 annually with up to a 4% increase in 2024. This will include salary, benefits, supplies, administrative oversight, leave coverage, and indirect costs for a FTE SCOUT position. Program costs, both FTE and ancillary costs, will be negotiated annually for 2025 and 2026. B. The City shall remit payment of the above amount to the County in equal quarterly installments or as otherwise negotiated with the County. C. Pursuant to RCW 43.09.210, the Parties mutually acknowledge that the services provided under this Agreement are being compensated at their full and true value. D. The County shall maintain all appropriate documentation for costs reimbursed by the City and on a quarterly basis provide the City with a list of costs reimbursed. In addition, the County shall provide any document requested by the Office of Washington State Auditor, as allowed by law. XV. MISCELLANEOUS A. Public Records Act: This Agreement and all public records associates with the Agreement shall be available from the County for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (‘the Act”). To the extent that public records then in the custody of the City are needed for the County to respond to a request under the Act, as determined by the County, the City agrees to make them promptly available to the County. If the City considers any portion of any record provided to the County under this Agreement, whether in electronic or hard copy form, to be protected from disclosure under law, the City shall clearly identify any specific information that it claims to be confidential or proprietary. If the County receives a request under the Act to inspect or copy the information so identified by the City and the County determines that release of the information is required by the Act or otherwise appropriate, the County’s sole obligations shall be to notify the City (a) of the request and (b) of the date that such information will be released to the requester unless the City obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the City fails to timely obtain a court order enjoining disclosure, the County will release the requested information on the date specified. City of Arlington Interlocal Agreement 2024-2026 Page 14 of 15 The County has, and by this section assumes, no obligation on behalf of the City to claim any exemption from disclosure under this Act. The County shall not be liable to the City for releasing records not clearly identified by the City for any records that the County releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. B. Conflicts between Attachments and Text: Should any conflicts exist between any attached exhibit or schedule and the text or main body of this Agreement, the text or main body of this agreement shall prevail. C. No Third-Party Beneficiaries: The provisions of this Agreement are for the exclusive benefit of the County and the City. This Agreement shall not be deemed to have conferred any rights, express or implied, upon any third parties. D. Governing Law; Venue: This Agreement shall be governed by the laws of the State of Washington. The venue of any action arising out of this Agreement shall be in the Supreme Court of the State of Washington, in and for Snohomish County. E. Severability: Should any clause, phrase, sentence or paragraph of this agreement be declared invalid or void, the remaining provisions of this Agreement shall remain in full force and effect. F. Authority: Each signatory to this Agreement represents that he or she has full and sufficient authority to execute this Agreement on behalf of the County or the City, as the case may be, and that upon execution of this Agreement it shall constitute a binding obligation of the County or the City as the case may be. G. Survival: Those provisions of this Agreement that by their sense and purpose should survive expiration or termination of the Agreement shall so survive. H. Execution in Counterparts: This Agreement may be executed in counterparts, each of which shall constitute an original and all of which shall constitute one and the same Agreement. City of Arlington Interlocal Agreement 2024-2026 Page 15 of 15 I. Amendments: No changes or additions shall be made to this Agreement except as agreed to by both Parties, reduced to writing and executed with the same formalities as are required for the execution of this Agreement. The County may be represented in Agreement by the County Executive Director or as further delegated by the County Executive. J. Filing; Posting: Pursuant to RCW 39.34.040, a fully executed copy of this Agreement shall be filed with the office of the Snohomish County Auditor or posted by subject on a Party’s website. SIGNED: _______________________________ ______________ Don Vanney, Mayor Date City of Arlington _______________________________ ______________ Mary Jane Brell Vujovic, Director Date Snohomish County Human Services City of Arlington Council Agenda Bill NB #3 Attachment January 16, 2024 Draft ordinance amending Arlington Municipal Code 13.12 reducing the mandatory 2024 CPI increase to Ordinance with utility rates memo DEPARTMENT OF ORIGIN Public Works; Jim Kelly, Director EXPENDITURES REQUESTED: None BUDGET CATEGORY: Utilities BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Proposal to amend Arlington Municipal Code (AMC) 13.12 allowing the city to reduce implementation of the 2024 mandatory water, sewer, and stormwater utility rate increases. AMC 13.12.040 mandates that the water, sewer, and stormwater utility rates be increased annually by the October reported percentage increase of the Consumer Price Index (CPI) for the Seattle-Tacoma-Bellevue area. The current October to October CPI is 4.8%, a CPI that could be an undue burden during current economic times. Staff is requesting that the CPI increase for 2024 be reduced to 2.5%. ALTERNATIVES: Remand to staff for additional information. I move to approve the ordinance reducing the scheduled 2024 CPI increase to 2.5% to the water, sewer, and stormwater utility rates for 2024, and authorize the Mayor to sign the ordinance. ORDINANCE 2024-XXX 1 ORDINANCE NO. 20232024-XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING THE CONSUMER PRICE INDEX INCREASES IN THE ARLINGTON MUNICIPAL CODE CHAPTER 13.12 PERTAINING TO UTILITY RATES WHEREAS, the City of Arlington has the authority to set rates and charges for its utility system; and WHEREAS, the City of Arlington continues to examine equitable rates for water, sewer, and stormwater service; and WHEREAS, the City’s municipal code contains a CPI adjustment factor which the City Council wishes to reduce for 20232024; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Arlington Municipal Code Section 13.12.040 shall be and hereby is amended to read as follows: 13.12.040 - Water rates and charges. Applicable state and city utility taxes are included in the following rates and charges for water service. The total monthly water charges for every service shall include the Base Charge, and the consumption charge, as set forth below. Beginning on January 15, 20242025, the rates set forth for the year 2023 2024 shall be increased annually by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bellevue area for all urban consumers, or other measure commonly used by the city should it change; and provided further, however, that notwithstanding any reduction in the CPI, rates shall not decrease. ORDINANCE 2024-XXX 2 (1) Minimum monthly Base Charge schedule: Basic Charge By Meter Size INSIDE CITY INSIDE CITY 2023 OUTSIDE CITY RATE 2024 OUTSIDE $47.81 $61.44 $98.97 $375.94 $478.62 (2) Monthly rate schedule charged for water consumption: Rate per 100 cubic feet 2023 INSIDE CITY RATE INSIDE CITY RATE OUTSIDE CITY RATE OUTSIDE CITY RATE First 300 cf Included in Base Charge for SFR and Commercial water services Base Charge for SFR and Commercial water services only Base Charge for SFR and water services only Included in Base Charge for SFR and water services only Next 700 cf $3.13 $3.21 $4.41 $4.52 Over 1,000 cf $3.30 $3.38 $4.65 $4.77 Over 3,000 cf $3.30 $3.38 $4.65 $4.77 (3) Fair and equitable minimum rates for water consumers having meters larger than four inches shall be fixed by the city council and written agreements shall be entered with the users setting forth said rates. The city council may enter into contracts with water users deviating from such rates where special circumstances dictate; provided that, such rates shall not be discriminatory. ORDINANCE 2024-XXX 3 (4) Temporary water service. Temporary water service for construction purposes, or for any other purpose temporary in nature that will not require a permanent service installation must be obtained through a Fire Hydrant Use Permit as stipulated in AMC 13.04.100(e). Charges for temporary use of water shall be as follows: Temporary Water Services Charges $50.0051.25 First 300 cubic feet (cf) Included in base rate Next 700 cubic feet $3.133.21 Over 1,000 cubic feet $3.303.38 (A) The security deposit shall be refunded to the customer after the equipment has been returned and inspected for any damages; customer shall be solely responsible for all damages. Customers shall be billed on a monthly basis for monthly equipment rental charges and usage fees from the date of temporary service installation. (B) Beginning on January 15, 20242025, the usage rates set forth for temporary water service shall be increased annually by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma- Bellevue 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. Section 2. Arlington Municipal Code Section 13.12.130 shall be and hereby is amended to read as follows: 13.12.130 Residential sewer rates and charges. Applicable state and city utility taxes are included in the following rates and charges for sewer service. The total monthly sewer charges for every SFR and MFR service shall be a flat fee and not based on metered water consumption. The effective dates for the following sewer rates will be based on the city's billing cycle for use beginning on January 1, 20232024. Beginning on January 15, 20242025, the rates set ORDINANCE 2024-XXX 4 forth for the year 2023 2024 shall be increased annually by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bellevue 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. 2023 RATE 2024 RATE $72.25 $74.06 $55.62 $57.01 Section 3. Arlington Municipal Code Section 13.12.140 shall be and hereby is amended to read as follows: 13.12.140 Commercial sewer rates and charges. (a) All sanitary sewer services connected to any public or private premises that are defined as "Commercial classification" in Section 13.12.110 shall be charged for sanitary sewer service upon the basis of water consumption. State and city utility taxes are included in the following rates and charges for sewer service. The effective dates for the following rates will be based on the city's billing cycle for use beginning on January 1, 20232024. 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. 300 cubic feet of cubic feet of metered (b) Beginning on January 15, 20242025, and on January 15th each year thereafter the rates set forth for the year 2023 2024 shall be increased annually by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma- Bellevue 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. Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red ORDINANCE 2024-XXX 5 Section 4. Arlington Municipal Code Section 13.12.150 shall be and hereby is amended to read as follows: 13.12.150 Industrial user classification and charges. The rates and charges for industrial users, as defined in Sections 13.08.240, 13.08.250, and Chapter 13.36, 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/1, measured as five-day BOD and TSS, and other parameters within limits established in Sections 13.08.240, 13.08.250, [and Chapter] 13.36, and whose discharge does not require regular monitoring other than flow, the minimum monthly charge is as set forth below: (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: (C) Beginning January 15, 20242025, and each January 15th thereafter, the charges set forth in subsections (l)(A) and (l)(B), shall be increased annually, by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bellevue 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 2024-XXX 6 (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: (A) Flow based charge per cubic foot of wastewater discharged; (B) BOD charge per pound of BOD discharged; and (C) TSS charge per pound of TSS discharged, pursuant to the following table: (D) Beginning January 15, 20242025, and each January 15th thereafter, the charges set forth in subsection (c), shall be increased annually, by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bellevue 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. (4) Flow shall be based upon one hundred percent of the water consumption or rate of flow of wastewater discharge into the sewer (measured in an industrial user installed flow measurement and recording equipment installed in control manhole, pursuant to Chapter 13.36). 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. (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, they 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 direct further study or take other appropriate action. ORDINANCE 2024-XXX 7 Section 5. Arlington Municipal Code Section 13.12.540 shall be and hereby is amended to read as follows: 13.12.540 Initial service charge rates. In accordance with the rate structure established herein, there is hereby levied upon all developed real property within the boundaries of the utility, the following service charges: (1) State and city utility taxes are included in the following rates and charges for stormwater service. See Table 3. (2) Beginning on January 15, 20242025, the rates set forth for the year 2023 2024 shall be increased annually by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bellevue 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) For all other developed property including multifamily, condominiums and mobile home parks within the boundaries of the utility, except as specified under Section 13.28.130, the monthly service charge shall be based on the above table (Table 3) per month multiplied by the number of equivalent service units determined by the utility to be contained in such parcel. For all single-family property owners qualifying for the senior low-income utility discount established in Section 13.12.140, the discount shall apply to stormwater service charges. Section 6. Severability. 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. Section 7. Effective Date. This ordinance shall become effective immediately upon passage, provided that the rates shall be effective on the first day of the city’s regular billing cycle beginning January 15, 2024. The City Clerk is directed to publish this ordinance at the earliest possible date. ORDINANCE 2024-XXX 8 PASSED BY the City Council and APPROVED by the Mayor this 16th day of January, 2024. CITY OF ARLINGTON _____________________________ Don E. Vanney, Mayor Attest: _________________________ Wendy Van Der Meersche City Clerk Approved as to form: _________________________ Steven J. Peiffle City Attorney City of Arlington Public Works Memo To: Mayor Vanney, Arlington City Council From: Jim Kelly Date: January 3, 2024 Re: Recommended 2024 Utility Rate Adjustment Arlington Municipal Code 13.12 requires that Arlington water, sewer and storm utility rates for the preceding year be increased by the consumer price index (CPI) for the Seattle-Tacoma-Bellevue area” “Beginning on January 15, 2024, the rates set forth for the year 2024 shall be increased annually by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bellevue area for all urban consumers, or other measure commonly used by the city should it change; and provided further, however, that notwithstanding any reduction in the CPI, rates shall not decrease.” The October 2023 CPI for the Seattle-Tacoma-Bellevue area for all urban consumers for the previous 12-months is 4.8% (source: US Breau of Labor Statistics). Realizing that the CPI is higher than historical trending and that the Arlington community, along with the US economy in general, has been going through a period of inflation, two utility rate alterative scenarios, 4.8% and 2.5%, are presented for Council’s consideration. The below table provides the two scenarios for residential rates: Utility Service Current Rate Proposed CPI (2.5%) Full CPI (4.8%) (increase of $2.85/mo) (increase of $5.47/mo) Arlington Utilities, water, sewer and storm, have been subjected to the same inflationary impacts as the community and US economy; these impacts are felt in all aspects of utility operations (labor, insurance, chemicals, electric power, parts, supplies, etc.). In addition, the utilities have large capital expenses planned for the coming years; these expenses will be borne by utilizing reserve funds and with grants and loans. After conferring with Arlington’s Utility Financial Consultant and rescheduling several larger projects until loans or grants can be secured, Arlington utilities will be able to operate with an adjusted utility rate increase of 2.5% for 2024. I recommend City Council approve an adjusted utility rate increase of 2.5% for 2024. City of Arlington Council Agenda Bill NB #4 Attachment January 16, 2024 Procurement of a surplus dump truck from Snohomish County Supporting documents DEPARTMENT OF ORIGIN Public Works; Jim Kelly, Director EXPENDITURES REQUESTED: $71,045.00 BUDGET CATEGORY: Wastewater Equipment Fund BUDGETED AMOUNT: $30,000.00 ($150,000 in 2023-will do amendment) LEGAL REVIEW: DESCRIPTION: Purchase of a used a dump truck from Snohomish County pursuant to intergovernmental surplus equipment sale allowed in RCW 39.33.010. The wastewater department has had its existing dump truck scheduled for replacement for several years but has been postponed due to cost and availability of used trucks to purchase. The existing truck is old (1990) and has reached the end of its useful life. Snohomish County has a used dump truck in good condition that has been declared surplus and is available for purchase. Staff has inspected the vehicle and is recommending proceeding with the purchase. Purchase of this unit will allow the city to remain in compliance with state regulations regarding hauling biosolids. ALTERNATIVES: Remand to staff for additional information. I move to approve the City’s purchase of the dump truck from Snohomish County pursuant to RCW 39.33.010. City of Arlington Council Agenda Bill NB #5 Attachment January 16, 2024 Ordinance to amend the Arlington Municipal Code re Composition of Airport Commission Ordinance and copy of ESHB 1243 Airport; Marty Wray, Director EXPENDITURES REQUESTED: Professional Services BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: In 2023, the state legislature changed the requirements for people to serve on airport commissions through House Bill 1243. The new law expands the pool of potential commissioners, although it requires four commissioners to be from Arlington or Snohomish County, and up to three members can be from any adjoining county if they have relevant experience in the field of aviation, business, engineering, etc. As part of this new legislation, airport commissions are required to adopt and abide by a Code of Ethics. The Arlington Airport Commission adopted the Code of Ethics and agreed to abide by them at the November 14, 2023, public meeting. The Commission and staff recommend that City Council approve the ordinance incorporating these changes. Historically, it has been required that all seven of the Airport Commissioners live within the city limits. Recent state legislation expands the list of potential commission members but ties their membership to ALTERNATIVES: ORDINANCE NO. 2024-XXX 1 ORDINANCE NO. 2024--XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING ARLINGTON MUNICIPAL CODE TITLE 2.44 RELATING TO THE CITY’S AIRPORT COMMISSION WHEREAS, the City of Arlington has the authority to own and operate the Arlington Municipal Airport; and WHEREAS, the legislature recently amended the provisions relating to municipal airport commissions through the passage of House Bill 1243, and the City wishes to amend the Arlington Municipal Code (AMC) Title 2.44 to be consistent with that Bill; and WHEREAS, the City Council finds these revisions to be in the best interests of the citizens and the Airport Commission; NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as follows: Section 1. Arlington Municipal Code subsection 2.44.010 shall be and hereby is amended to read as follows: 2.44.010 Commission created—Membership and qualification for membership—Method of appointment—Terms of office—Vacancies—Chairperson and vice chairperson. (a) There is established a board to be known as the "Arlington Airport Commission." (b) There shall be seven members of the commission. All No less than four (4) members must be residents taxpayers of Arlington or Snohomish County; up to three members may be residents of King, Skagit or Island Counties. No member shall be the mayor or a member of the city council of Arlington or an immediate family member of the mayor or a city council member, nor shall any member be a current or former employee of the airport. A majority of the commissioners must have expertise in: The aviation industry; business administration or operations; finance; accounting; marketing; economic development; commercial real estate development; engineering; planning and construction; law; utilities; or other related experience from industries that have a logical nexus with airport administration, operations, and development. Members must agree to adhere to the ethical standards of conduct adopted by the City or the existing municipal airport commission. (c) The members shall be appointed by the city council, each to serve for a term of three years and until their successors are appointed and have qualified. Terms of office shall be staggered so that not more than three terms will expire in the same year. The term of office of each commissioner shall expire on April 1st of the last year of the term for which he or she was appointed. Formatted: Strikethrough ORDINANCE NO. 2024-XXX 2 (d) Vacancies which may hereafter occur shall be filled by appointment by the city council, such appointees to serve the unexpired term for which they are appointed. (e) The commissioners shall serve without compensation. The commission shall from time to time elect one of its members as chairperson and another member as vice- chairperson to act in the absence of the chairperson, to serve during his or her term of office for such periods of time as the commission may specify at the time of such election; provided, however, that no commission member shall serve as chairperson for more than three years out of any six-year period. Section 2. Arlington Municipal Code subsection 2.44.010 030 shall be and hereby is amended to read as follows: 2.44.030 Commission powers and duties. The commission established in Section 2.44.010 is granted authority to construct, enlarge, improve, maintain, equip, operate, manage, develop for industrial and commercial purposes, and regulate said airport and airport facilities, but remain in all these things accountable to the city council. So long as decisions of the airport commission are consistent with the approved airport master plan, the Arlington comprehensive plan, all other provisions of the Arlington Municipal Code and applicable federal regulations, the annual airport budget, the airport capital improvement plan, and approved lease policies, the airport commission may exercise the following powers and responsibilities without formal review or ratification by the city council, except when formal review is deemed appropriate by the airport manager: (1) Leasing and development of airport property, including amendments or modifications to leases and the granting or requests for subordination of leasehold interests or other security interests for financing purposes; (2) Capital improvements to airport properties, including, when appropriate, the application for federal or state grants to finance the same; and (3) Amendments to airport leasing and operational policies, rules and requirements; and (4) Application for loans through the public use general aviation airport loan program. Section 3. Severability. 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 pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 4. Effective Date. The title of this ordinance which summarizes the contents 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. ORDINANCE NO. 2024-XXX 3 PASSED BY the City Council and APPROVED by the Mayor this _____ day of _______________, 2024. CITY OF ARLINGTON __________________________ Don E. Vanney, Mayor Attest: ___________________________________ Wendy Van Der Meersche, City Clerk Approved as to form: ___________________________________ Steven J. Peiffle City Attorney CERTIFICATION OF ENROLLMENT HOUSE BILL 1243 Chapter 247, Laws of 2023 68th Legislature 2023 Regular Session MUNICIPAL AIRPORT COMMISSIONS—POWERS, DUTIES, AND MEMBERSHIP EFFECTIVE DATE: July 23, 2023 Passed by the House April 14, 2023 Yeas 96 Nays 0 LAURIE JINKINS Speaker of the House of Representatives Passed by the Senate April 12, 2023 Yeas 46 Nays 3 DENNY HECK President of the Senate CERTIFICATE I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1243 as passed by the House of Representatives and the Senate on the dates hereon set forth. BERNARD DEAN Chief Clerk Approved May 4, 2023 10:18 AM FILED May 4, 2023 JAY INSLEE Governor of the State of Washington Secretary of State State of Washington AN ACT Relating to municipal airport commissions; and amending 1 RCW 14.08.120.2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3 Sec. 1. RCW 14.08.120 and 2021 c 106 s 1 are each amended to 4 read as follows:5 (1) In addition to the general powers conferred in this chapter, 6 and without limitation thereof, a municipality that has established 7 or may hereafter establish airports, restricted landing areas, or 8 other air navigation facilities, or that has acquired or set apart or 9 may hereafter acquire or set apart real property for that purpose or 10 purposes is authorized:11 (a) To vest authority for the construction, enlargement, 12 improvement, maintenance, equipment, operation, and regulation 13 thereof in an officer, a board, or body of the municipality by 14 ordinance or resolution that prescribes the powers and duties of the 15 officer, board, or body((; and the municipality may also vest 16 authority for industrial and commercial development in a municipal 17 airport commission consisting of at least five resident taxpayers of 18 the municipality to be appointed by the governing board of the 19 municipality by an ordinance or resolution that includes (i) the 20 terms of office, which may not exceed six years and which shall be 21 HOUSE BILL 1243 AS AMENDED BY THE SENATE Passed Legislature - 2023 Regular Session State of Washington 68th Legislature 2023 Regular Session By Representatives Dent, Riccelli, Christian, and Eslick Read first time 01/11/23. Referred to Committee on Local Government. p. 1 HB 1243.SL staggered so that not more than three terms will expire in the same 1 year, (ii) the method of appointment and filling vacancies, (iii) a 2 provision that there shall be no compensation but may provide for a 3 per diem of not to exceed twenty-five dollars per day plus travel 4 expenses for time spent on commission business, (iv) the powers and 5 duties of the commission, and (v) any other matters necessary to the 6 exercise of the powers relating to industrial and commercial 7 development)).8 (i) The municipality may also vest authority for the 9 construction, enlargement, improvement, maintenance, equipment, 10 operation, management, industrial and commercial development, and 11 regulation thereof in a municipal airport commission through an 12 ordinance or resolution that includes: (A) The terms of office, which 13 may not exceed six years and which must be staggered so that not more 14 than three terms expire in the same year; (B) the method of 15 appointment and filling vacancies; (C) a provision that there is no 16 compensation, but the provision may provide for a per diem for time 17 spent on commission business of not more than $25 per day plus travel 18 expenses or, in lieu of travel expenses when travel requires 19 overnight lodging, for a per diem payment of not more than the United 20 States general services administration's per diem rates; (D) the 21 powers and duties of the commission; and (E) any other matters 22 necessary to the exercise of the commission's powers. The expense of 23 the construction, enlargement, improvement, maintenance, equipment, 24 industrial and commercial development, operation, management, and 25 regulation are the responsibility of the municipality.26 (ii) The commission consists of at least five members appointed 27 by the governing body of the municipality, subject to the following 28 conditions:29 (A) In a municipality with a population of 35,000 or greater, 30 members must be residents of the municipality;31 (B) In a municipality with a population of fewer than 35,000, at 32 least a majority of members must be residents of the municipality or 33 the county in which the municipality is located, with any remaining 34 members residents of a county or counties adjoining the municipality 35 or the county in which the municipality is located;36 (C) A majority of the commissioners must have expertise in: The 37 aviation industry; business administration or operations; finance; 38 accounting; marketing; economic development; commercial real estate 39 development; engineering; planning and construction; law; utilities; 40 p. 2 HB 1243.SL or other related experience from industries that have a logical nexus 1 with airport administration, operations, and development;2 (D) Immediate family members of the governing body of the 3 municipality, and current and former employees of the municipal 4 airport, may not be appointed to the commission; and5 (E) Members must agree to adhere to the ethical standards of 6 conduct adopted by the municipality or the existing municipal airport 7 commission.8 (iii) A municipality may vest authority in a municipal airport 9 commission to apply for loans through the public use general aviation 10 airport loan program.11 (b) To adopt and amend all needed rules, regulations, and 12 ordinances for the management, government, and use of any properties 13 under its control, whether within or outside the territorial limits 14 of the municipality; to provide fire protection for the airport, 15 including the acquisition and operation of fire protection equipment 16 and facilities, and the right to contract with any private body or 17 political subdivision of the state for the furnishing of such fire 18 protection; to appoint airport guards or police, with full police 19 powers; to fix by ordinance or resolution, as may be appropriate, 20 penalties for the violation of the rules, regulations, and 21 ordinances, and enforce those penalties in the same manner in which 22 penalties prescribed by other rules, regulations, and ordinances of 23 the municipality are enforced. For the purposes of such management 24 and government and direction of public use, that part of all 25 highways, roads, streets, avenues, boulevards, and territory that 26 adjoins the limits of any airport or restricted landing area acquired 27 or maintained under the provisions of this chapter is under like 28 control and management of the municipality. It may also adopt and 29 enact rules, regulations, and ordinances designed to safeguard the 30 public upon or beyond the limits of private airports or landing 31 strips within the municipality or its police jurisdiction against the 32 perils and hazards of instrumentalities used in aerial navigation. 33 Rules, regulations, and ordinances shall be published as provided by 34 general law or the charter of the municipality for the publication of 35 similar rules, regulations, and ordinances. They shall conform to and 36 be consistent with the laws of this state and the rules of the state 37 department of transportation and shall be kept in conformity, as 38 nearly as may be, with the then current federal legislation governing 39 p. 3 HB 1243.SL aeronautics and the regulations duly promulgated thereunder and the 1 rules and standards issued from time to time pursuant thereto.2 (c) To create a special airport fund, and provide that all 3 receipts from the operation of the airport be deposited in the fund, 4 which fund shall remain intact from year to year and may be pledged 5 to the payment of aviation bonds, or kept for future maintenance, 6 construction, or operation of airports or airport facilities.7 (d) To lease airports or other air navigation facilities, or real 8 property acquired or set apart for airport purposes, to private 9 parties, any municipal or state government or the national 10 government, or any department thereof, for operation; to lease or 11 assign to private parties, any municipal or state government or the 12 national government, or any department thereof, for operation or use 13 consistent with the purposes of this chapter, space, area, 14 improvements, or equipment of such airports; to authorize its lessees 15 to construct, alter, repair, or improve the leased premises at the 16 cost of the lessee and to reimburse its lessees for such cost, 17 provided the cost is paid solely out of funds fully collected from 18 the airport's tenants; to sell any part of such airports, other air 19 navigation facilities or real property to any municipal or state 20 government, or to the United States or any department or 21 instrumentality thereof, for aeronautical purposes or purposes 22 incidental thereto, and to confer the privileges of concessions of 23 supplying upon its airports goods, commodities, things, services, and 24 facilities: PROVIDED, That in each case in so doing the public is not 25 deprived of its rightful, equal, and uniform use thereof.26 (e) Acting through its governing body, to sell or lease any 27 property, real or personal, acquired for airport purposes and 28 belonging to the municipality, which, in the judgment of its 29 governing body, may not be required for aircraft landings, aircraft 30 takeoffs or related aeronautic purposes, in accordance with the laws 31 of this state, or the provisions of the charter of the municipality, 32 governing the sale or leasing of similar municipally owned property. 33 The municipal airport commission, if one has been organized and 34 appointed under (a) of this subsection, may lease any airport 35 property for aircraft landings, aircraft takeoffs, or related 36 aeronautic purposes. If there is a finding by the governing body of 37 the municipality that any airport property, real or personal, is not 38 required for aircraft landings, aircraft takeoffs, or related 39 aeronautic purposes, then the municipal airport commission may lease 40 p. 4 HB 1243.SL such space, land, area, or improvements, or construct improvements, 1 or take leases back for financing purposes, grant concessions on such 2 space, land, area, or improvements, all for industrial or commercial 3 purposes, by private negotiation and under such terms and conditions 4 that seem just and proper to the municipal airport commission. Any 5 such lease of real property for aircraft manufacturing or aircraft 6 industrial purposes or to any manufacturer of aircraft or aircraft 7 parts or for any other business, manufacturing, or industrial purpose 8 or operation relating to, identified with, or in any way dependent 9 upon the use, operation, or maintenance of the airport, or for any 10 commercial or industrial purpose may be made for any period not to 11 exceed ((seventy-five)) 75 years, but any such lease of real property 12 made for a longer period than ((ten)) 10 years shall contain 13 provisions requiring the municipality and the lessee to permit the 14 rentals for each five-year period thereafter, to be readjusted at the 15 commencement of each such period if written request for readjustment 16 is given by either party to the other at least ((thirty)) 30 days 17 before the commencement of the five-year period for which the 18 readjustment is requested. If the parties cannot agree upon the 19 rentals for the five-year period, they shall submit to have the 20 disputed rentals for the period adjusted by arbitration. The lessee 21 shall pick one arbitrator, and the governing body of the municipality 22 shall pick one, and the two so chosen shall select a third. After a 23 review of all pertinent facts the board of arbitrators may increase 24 or decrease such rentals or continue the previous rate thereof.25 The proceeds of the sale of any property the purchase price of 26 which was obtained by the sale of bonds shall be deposited in the 27 bond sinking fund. If all the proceeds of the sale are not needed to 28 pay the principal of bonds remaining unpaid, the remainder shall be 29 paid into the airport fund of the municipality. The proceeds of sales 30 of property the purchase price of which was paid from appropriations 31 of tax funds shall be paid into the airport fund of the municipality.32 (f) To determine the charges or rental for the use of any 33 properties under its control and the charges for any services or 34 accommodations, and the terms and conditions under which such 35 properties may be used: PROVIDED, That in all cases the public is not 36 deprived of its rightful, equal, and uniform use of the property. 37 Charges shall be reasonable and uniform for the same class of service 38 and established with due regard to the property and improvements used 39 and the expense of operation to the municipality. The municipality 40 p. 5 HB 1243.SL shall have and may enforce liens, as provided by law for liens and 1 enforcement thereof, for repairs to or improvement or storage or care 2 of any personal property, to enforce the payment of any such charges. 3 As used in this subsection (1)(f), the term "charges" does not refer 4 to any minimum labor standard imposed by a municipality pursuant to 5 subsection (2) of this section.6 (g) To impose a customer facility charge upon customers of rental 7 car companies accessing the airport for the purposes of financing, 8 designing, constructing, operating, and maintaining consolidated 9 rental car facilities and common use transportation equipment and 10 facilities which are used to transport the customer between the 11 consolidated car rental facilities and other airport facilities. The 12 airport operator may require the rental car companies to collect the 13 facility charges, and any facility charges so collected shall be 14 deposited in a trust account for the benefit of the airport operator 15 and remitted at the direction of the airport operator, but no more 16 often than once per month. The charge shall be calculated on a per-17 day basis. Facility charges may not exceed the reasonable costs of 18 financing, designing, constructing, operating, and maintaining the 19 consolidated car rental facilities and common use transportation 20 equipment and facilities and may not be used for any other purpose. 21 For the purposes of this subsection (1)(g), if an airport operator 22 makes use of its own funds to finance the consolidated rental car 23 facilities and common use transportation equipment and facilities, 24 the airport operator (i) is entitled to earn a rate of return on such 25 funds no greater than the interest rate that the airport operator 26 would pay to finance such facilities in the appropriate capital 27 market, provided that the airport operator establish the rate of 28 return in consultation with the rental car companies, and (ii) may 29 use the funds earned under (g)(i) of this subsection for purposes 30 other than those associated with the consolidated rental car 31 facilities and common use transportation equipment and facilities.32 (h) To make airport property available for less than fair market 33 rental value under very limited conditions provided that prior to the 34 lease or contract authorizing such use the airport operator's board, 35 commission, or council has (i) adopted a policy that establishes that 36 such lease or other contract enhances the public acceptance of the 37 airport and serves the airport's business interest and (ii) adopted 38 procedures for approval of such lease or other contract.39 p. 6 HB 1243.SL (i) If the airport operator has adopted the policy and procedures 1 under (h) of this subsection, to lease or license the use of property 2 belonging to the municipality and acquired for airport purposes at 3 less than fair market rental value as long as the municipality's 4 council, board, or commission finds that the following conditions are 5 met:6 (i) The lease or license of the subject property enhances public 7 acceptance of the airport in a community in the immediate area of the 8 airport;9 (ii) The subject property is put to a desired public recreational 10 or other community use by the community in the immediate area of the 11 airport;12 (iii) The desired community use and the community goodwill that 13 would be generated by such community use serves the business interest 14 of the airport in ways that can be articulated and demonstrated;15 (iv) The desired community use does not adversely affect the 16 capacity, security, safety, or operations of the airport;17 (v) At the time the community use is contemplated, the subject 18 property is not reasonably expected to be used by an aeronautical 19 tenant or otherwise be needed for airport operations in the 20 foreseeable future;21 (vi) At the time the community use is contemplated, the subject 22 property would not reasonably be expected to produce more than de 23 minimis revenue;24 (vii) If the subject property can be reasonably expected to 25 produce more than de minimis revenue, the community use is permitted 26 only where the revenue to be earned from the community use would 27 approximate the revenue that could be generated by an alternate use;28 (viii) Leases for community use must not preclude reuse of the 29 subject property for airport purposes if, in the opinion of the 30 airport owner, reuse of the subject property would provide greater 31 benefits to the airport than continuation of the community use;32 (ix) The airport owner ensures that airport revenue does not 33 support the capital or operating costs associated with the community 34 use;35 (x) The lease or other contract for community use is not to a 36 for-profit organization or for the benefit of private individuals;37 (xi) The lease or other contract for community use is subject to 38 the requirement that if the term of the lease is for a period that 39 exceeds ((ten)) 10 years, the lease must contain a provision allowing 40 p. 7 HB 1243.SL for a readjustment of the rent every five years after the initial 1 ((ten-year)) 10-year term;2 (xii) The lease or other contract for community use is subject to 3 the requirement that the term of the lease must not exceed ((fifty)) 4 50 years; and5 (xiii) The lease or other contract for community use is subject 6 to the requirement that if the term of the lease exceeds one year, 7 the lease or other contract obligations must be secured by rental 8 insurance, bond, or other security satisfactory to the municipality's 9 board, council, or commission in an amount equal to at least one 10 year's rent, or as consistent with chapter 53.08 RCW. However, the 11 municipality's board, council, or commission may waive the rent 12 security requirement or lower the amount of the rent security 13 requirement for good cause.14 (j) To exercise all powers necessarily incidental to the exercise 15 of the general and special powers granted in this section.16 (2)(a) A municipality that controls or operates an airport having 17 had more than ((twenty million)) 20,000,000 annual commercial air 18 service passenger enplanements on average over the most recent seven 19 full calendar years that is located within the boundaries of a city 20 that has passed a local law or ordinance setting a minimum labor 21 standard that applies to certain employers operating or providing 22 goods and services at the airport is authorized to enact a minimum 23 labor standard that applies to employees working at the airport, so 24 long as the minimum labor standard meets, but does not exceed, the 25 minimum labor standard in the city's law or ordinance.26 (b) A municipality's authority to establish a minimum labor 27 standard pursuant to (a) of this subsection may be imposed only on 28 employers that are excluded from the minimum labor standard 29 established by such city because the type of good or service provided 30 by the employer is expressly excluded in the text of the city's law 31 or ordinance.32 (c) This section does not authorize a municipality to establish a 33 minimum labor standard for an employer who was excluded from the 34 city's law or ordinance because it is a certificated air carrier 35 performing services for itself or based on the employer's size or 36 number of employees.37 (d) The authority granted under (a) of this subsection shall only 38 apply to employers who provide the goods or services at the airport 39 from facilities that are located on property owned by the 40 p. 8 HB 1243.SL municipality and within the boundaries of the city that enacted the 1 minimum labor standard.2 Passed by the House April 14, 2023. Passed by the Senate April 12, 2023. Approved by the Governor May 4, 2023. Filed in Office of Secretary of State May 4, 2023. --- END --- p. 9 HB 1243.SL City of Arlington Council Agenda Bill NB #6 Attachment January 16, 2024 A Resolution Adopting the Planning Calendar for the 2025-2026 Biennial Budget Resolution with Exhibit A Finance; Kristin Garcia, Director 360-403-3431 EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: 2025-2026 budget. The timeline is in accordance with applicable State law and city policy. A planning calendar has traditionally been brought forward on a more informal basis either through monthly financial reports, as a standalone agenda item (without a resolution) and/or during retreat presentations. ALTERNATIVES: and authorize the Mayor to sign it. RESOLUTION NO. 2024—XXX A RESOLUTION OF THE CITY OF ARLINGTON, WASHINGTON ADOPTING THE PLANNING CALENDAR FOR THE 2025-2026 BIENNIAL BUDGET WHEREAS, in accordance with Chapter 35A.34 RCW and Chapter 3.02 Arlington Municipal Code (AMC), the City has adopted a biennial budget process; and WHEREAS by January 31st of each even numbered year, AMC 3.02.020 calls for adoption by resolution of a planning calendar for the preparation and adoption of the biennial budget and a mid-biennial review in odd numbered years; and WHEREAS this Resolution complies with Chapter 3.02 AMC and with Washington State Law governing the use and process of biennial budgets; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON: Section 1. Adoption of the planning calendar for the 2025-2026 biennial budget as presented in Exhibit A. Section 2. The City Council shall retain its full authority to modify or amend the planning calendar as the Council deems necessary, in a manner consistent with applicable law, adopted policies and standard practices. APPROVED by the Mayor and City Council of the City of Arlington this 16th day of January, 2024. CITY OF ARLINGTON ___________________________ Don Vanney Mayor ATTEST: _________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: __________________________________ Steven J. Peiffle City Attorney 2025 – 2026 Biennial Budget Planning Calendar Exhibit A Council Meeting •Adopting of 2025-2026 Biennial Budget Planning Calendar as per AMC 3.02.020 Jan 16 •March 22 - 23 •July 31 • Administrator as per AMC 3.02.030 August 15 •August 30 • •Preliminary budget delivered to Council as per AMC 3.02.040 September 30 • public October 4 •October 5 • •Review proposed 2025 regular property tax levy October 28 • AMC 3.02.050 •PUBLIC HEARING on proposed 2025 regular property November 4 • AMC 3.02.060 •Adopt a resolution setting the 2025 regular property tax levy November 18 • •Submit Adopted Budget to SAO and AWC as per AMC 3.02.060 December 5 Council Workshop •Review proposed 2024 budget amendments as per AMC 3.02.070 November 25 • amendments •Adopt Ordinance for 2024 budget amendments December 16 City of Arlington Council Agenda Bill NB #7 Attachment January 16, 2024 None. Administration; Paul Ellis, City Administrator 360-403-4603 EXPENDITURES REQUESTED: N/A BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: Councilmember Jan Schuette was selected to serve as Mayor Pro Tem at the second meeting in January 2022, when the two-year selection for Mayor Pro Tem is made. The City Council is to select a Mayor Pro Tem every two years. The Council Rules of Procedure state as follows: Selecting Mayor Pro Tem and Alternate Mayor Pro Tem: The Mayor Pro Tem will be selected by a majority vote of the Council members at the second meeting in January in even years or when there is a vacancy. In selecting the Mayor Pro Tem, the Council will be guided by the following principles: • To preserve continuity in the office, the Mayor Pro Tem shall generally serve for a term of two (2) years. • The Mayor Pro Tem should have served as a Councilmember for at least two (2) years before appointment to the office of Mayor Pro Tem. • In general, the appointment of Mayor Pro Tem will be to the eligible Councilmember who has served the longest in office. The Alternate Mayor Pro Tem will be the Councilmember who most recently served as Mayor Pro Tem. in January, 2026.