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Home My WebLink About06-20-23 Council Meeting SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER Mayor Barb Tolbert PLEDGE OF ALLEGIANCE ROLL CALL Mayor Barb Tolbert – Wendy APPROVAL OF THE AGENDA Mayor Pro Tem Jan Schuette INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS 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 June 5 and June 12, 2023 Council meetings ATTACHMENT A 2. Accounts Payable 3. First Amendment to the Interlocal Agreement with North County ATTACHMENT B Regional Fire Authority for Fire Marshal / Investigative Services PUBLIC HEARINGS 1. Ordinance Adopting Smokey Point Park Rezone ATTACHMENT C Staff Presentation: Amy Rusko Council Liaison: Marilyn Oertle 2. Ordinance Adopting Hernandez 204th Street Rezone ATTACHMENT D Staff Presentation: Amy Rusko Council Liaison: Yvonne Gallardo-Van Ornam 3. Ordinance Adopting AMC Chapter 12.16 ATTACHMENT E Staff Presentation: Amy Rusko Council Liaison: Don Vanney 4. Ordinance Adopting AMC Chapter 16.28 ATTACHMENT F Staff Presentation: Amy Rusko Council Liaison: Heather Logan Arlington City Council Meeting Tuesday, June 20, 2023 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. NEW BUSINESS 1. Amendment No. 1 to Consor Contract for Redesign of ATTACHMENT G Prairie Creek / BNSF Bridge Staff Presentation: Jim Kelly Council Liaison: Mayor Pro Tem Jan Schuette 2. Interlocal Agreement with Arlington School District No. 16 ATTACHMENT H for School Resource Officer Staff Presentation: Peter Barrett Council Liaison: Michele Blythe 3. 2023 Decision of Citizens’ Salary Review Commission ATTACHMENT I Staff Presentation: James Trefry COMMENTS FROM COUNCILMEMBERS INFORMATION/ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT EXECUTIVE SESSION RECONVENE ADJOURNMENT Mayor Pro Tem Jan Schuette / Mayor Barb Tolbert DRAFT Page 1 of 4 Council Chambers 110 East 3rd Street Monday, June 5, 2023 Councilmembers Present: Don Vanney, Heather Logan, Marilyn Oertle, Jan Schuette, and Michele Blythe. Council Members Absent: Debora Nelson and Yvonne Gallardo-Van Ornam. Staff Present: Mayor Barb Tolbert, Paul Ellis, Sheri Amundson, Kris Wallace, Marc Hayes, Marty Wray, Jim Kelly, Jonathan Ventura, Dave Varga, City Attorney Steve Peiffle, and Julie Petersen. Also Known to be Present: Nick Streuli, Kelsey Hulse, Kathy Vanney, Holly Sloan-Buchanan, Steve Maisch, Caera Gramore, Marc Rosson, Stan DeBlieck, Kenzie Killebrew, Don Miller, Courtney Pollick, Joy Johnson, Tom, Ryan Johnson, and others. Mayor Barb Tolbert 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 Marilyn Oertle seconded the motion, which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Strategies 360 Vice Presidents of Government Relations Kelsey Hulse and Nick Streuli presented an update on the most recent City of Arlington Legislative Session. PROCLAMATIONS Mayor Pro Tem Jan Schuette read the Ride Transit Month proclamation. PUBLIC COMMENT Marc Rosson, Arlington, provided comments. Stan DeBlieck, Arlington, provided comments. Kenzie Killebrew, Arlington, provided comments. Don Miller, Arlington, provided comments. Caera Gramore, Arlington, provided comments. Courtney Pollick, Arlington, provided comments. Joy Johnson, Arlington, provided comments. Tom, Snohomish County, provided comments. Ryan Johnson, Arlington, provided comments. Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting June 5, 2023 Page 2 of 4 CONSENT AGENDA Mayor Pro Tem Jan Schuette moved, and Councilmember Marilyn Oertle seconded the motion to approve the Consent Agenda that was unanimously carried: 1. Minutes of the May 15 and May 22 Council meetings, and May 22, 2023 Joint Meeting with the Parks, Arts, and Recreation Commission 2. Accounts Payable: Approval of EFT Payments and Claims Checks: #108194 through #108307 dated May 16, 2023 through June 5, 2023 for a total of $890,912.14. PUBLIC HEARING None. NEW BUSINESS Ordinance Amending Chapter 9.40 of the Arlington Municipal Code City Attorney Steve Peiffle requested Council approve the ordinance amending Chapter 9.40 of the municipal code regarding the use of controlled substances in public places; possession of drug paraphernalia with intent to use in public places; and offers of referral. Mayor Pro Tem Jan Schuette moved, and Councilmember Heather Logan seconded the motion to move to approve the ordinance amending Arlington Municipal Code Chapter 9.40 and repealing Ordinance 2023-005 and authorized the Mayor to sign it. The motion passed unanimously. Low Bid Award for the 2023 Utility Improvement and Pavement Preservation (UPP) Project Public Works Director Jim Kelly requested Council approve the contract with Reece Construction for the capital improvement project for 2023 to replace the aged and failing water infrastructure and resurface roads in the same streets where the utility improvements occur. Councilmember Heather Logan moved, and Councilmember Marilyn Oertle seconded the motion to award the 2023 Utility Improvement and Pavement Preservation Project to Reece Construction in the amount of $ 2,752,607.03 and authorized the Mayor to sign the construction contract. The motion passed unanimously. Request for Full-Time Employee at Arlington Municipal Cemetery Public Works Director Jim Kelly requested Council approve one additional full-time employee that will be assigned to the Arlington Municipal Cemetery. The 2022 contractor resigned, and the maintenance and burial work has fallen to the Maintenance and Operations department. Councilmember Don Vanney moved, and Councilmember Heather Logan seconded the motion to approve the addition of one full-time cemetery maintenance employee, as proposed. Discussion followed with Mr. Kelly answering Council questions. The motion passed unanimously. Minutes of the City of Arlington City Council Meeting June 5, 2023 Page 3 of 4 Dedication of Real Property for Public Right-of-Way Community and Economic Development Director Marc Hayes requested Council accept the dedication of a strip of real property for public right-of-way purposes for the future construction of 35th Avenue in conjunction with Tribal owned properties. Mayor Pro Tem Jan Schuette moved, and Councilmember Heather Logan seconded the motion to accept the dedication of the described real property for public right-of-way purposes. Discussion followed with Mr. Hayes answering Council questions. The motion passed unanimously. Mayor Tolbert recused herself as Council chair at 6:36 p.m. Resolution to Waive Fees for the Arlington Fly-In (SkyFest) Event Mayor Pro Tem Jan Schuette acted as Council chair and introduced the agenda item. Airport Manager Marty Wray requested Council approve waiving the fee for the Arlington Fly-In with FAA approval. The FAA agreed this use was consistent with the grant assurances for the airport. Councilmember Michele Blythe moved, and Councilmember Heather Logan seconded the motion to approve the resolution to waive Fly-In (SkyFest) land use fees and authorize the Mayor Pro Tem to sign the resolution. Discussion followed with Mr. Wray answering Council questions. The motion passed unanimously. COMMENTS FROM COUNCILMEMBERS Councilmember Heather Logan provided an update on the goals to combat the opioid crisis in collaboration with Snohomish County. Councilmember Don Vanney announced that Kiwanis awarded two scholarships, in memory of Mike Hopson and Steve Peterson. Councilmember Marilyn Oertle asked Public Works Director Jim Kelly to provide an update on the Glen Eagle Reservoir Roof. Mr. Kelly provided a brief update. Mayor Pro Tem Jan Schuette provided a transit update. ADMINISTRATOR & STAFF REPORTS City Administrator Paul Ellis provided an update on the opening of the public restrooms within the City of Arlington. He stated he will be responding to the email regarding the public restrooms that the City Councilmembers received. MAYOR’S REPORT None. EXECUTIVE SESSION None. Minutes of the City of Arlington City Council Meeting June 5, 2023 Page 4 of 4 ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 6:48 p.m. _________________________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 4 Council Chambers 110 East 3rd Street Monday, June 12, 2023 Councilmembers Present: Don Vanney, Heather Logan, Debora Nelson, Marilyn Oertle, Jan Schuette, Michele Blythe, and Yvonne Gallardo-Van Ornam. Council Members Absent: None. Staff Present: Mayor Barb Tolbert, Paul Ellis, Jim Kelly, Marc Hayes, Amy Rusko, Dave Varga, City Attorney Steve Peiffle, and Wendy Van Der Meersche. Also Known to be Present: Kathy Vanney, Steve Maisch, Holly Sloan-Buchanan, Todd Chase. Mayor Barb Tolbert called the meeting to order at 6:00 pm, 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 Marilyn Oertle seconded the motion, which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None. WORKSHOP ITEMS – NO ACTION WAS TAKEN Tax Increment Financing Presentation and Discussion Community and Economic Development Director Marc Hayes introduced Todd Chase, of FCS Group. With the use of a PowerPoint presentation, Mr. Chase reviewed Tax Increment Area (TIA) Project Analysis. City Council had questions for Mr. Chase after his previous presentation May 8. Discussion followed with Mr. Chase and Mr. Hayes answering Council questions. Resolution Establishing a Tax Increment Area and Mandatory Affordable Housing for Housing Action Plan Implementation (HAPI) Grant Community and Economic Development Director Marc Hayes reviewed a resolution to establish a tax increment area and a mandatory affordable housing requirement for all multi-family development within the tax increment area. Discussion followed with Mr. Hayes answering Council questions. First Amendment to Interlocal Agreement with North County Regional Fire Authority for Fire Marshal/Investigative Services City Administrator Paul Ellis reviewed the first amendment to the interlocal agreement with North County Regional Fire Authority for Fire Marshal/Investigative Services. Minutes of the Arlington City Council Workshop and Minutes of the City of Arlington City Council Workshop June 12, 2023 Page 2 of 4 The City and NCRFA utilized the services of Karen Reed as a facilitator regarding issues with the existing ILA with NCRFA for fire marshal/investigative services. Following the negotiations conducted with Karen’s assistance, the parties have reached an agreement to amend the ILA to address the concerns of both parties. Discussion followed with Mr. Ellis answering Council questions. Amendment No. 1 to Consor for Redesign of Prairie Creek/BNSF Bridge Public Works Director Jim Kelly reviewed Amendment No. 1 to the Consor contract for redesigning the Prairie Creek BNSF culvert to a bridge structure, as part of the Prairie Creek Drainage Improvement Project. Discussion followed with Mr. Kelly answering Council questions. Ordinance Approving Smokey Point Park Rezone Planning Manager Amy Rusko reviewed the ordinance to approve the Smokey Point Park rezone. The Smokey Point Park Rezone is a City initiated request to rezone a 2.23 -acre parcel that was purchased for the development of a public community park. The request is to rezone from the existing Commercial Corridor zoning to Public/Semi-Public zone. This item was placed on the 2023 Comprehensive Plan Amendment Docket. A Public Hearing was held on May 16, 2023 before the Planning Commission. There were no public comments regarding the rezone of the subject property. Discussion followed with Ms. Rusko answering Council questions. Ordinance Approving Hernandez 204th Street Rezone Planning Manager Amy Rusko reviewed the ordinance to approve the Hernandez 204th Street Rezone. The Hernandez 204th Street Rezone is a privately initiated request to rezone three properties along 204th Street NE. The three parcels total 1.18 acres. The request is to rezone from the existing Residential Low-Capacity zoning to Neighborhood Commercial with Mixed-Use Overlay zone. This item was placed on the 2023 Comprehensive Plan Amendment Docket. A Public Hearing was held on May 16, 2023 before the Planning Commission. There were no Public Comments regarding the rezone of the subject property. Discussion followed with Ms. Rusko answering Council questions. Ordinance Amending Arlington Municipal Code Chapter 12.16 Planning Manager Amy Rusko reviewed the ordinance approving an amendment to the Arlington Municipal Code Chapter 12.16 Uniform Street Naming and House Numbering. The amendment to Chapter 12.16 Uniform Street Naming and House Numbering is a City-initiated request to update development regulations. The update includes regulations for address number size and location on commercial, industrial, and mixed-use buildings within the city. This item was placed on the 2023 Comprehensive Plan Amendment Docket. A Public Hearing was held on May 16, 2023 before the Planning Commission. There were no public comments regarding the code amendment. Discussion followed with Ms. Rusko answering Council questions. Minutes of the City of Arlington City Council Workshop June 12, 2023 Page 3 of 4 Ordinance Amending Arlington Municipal Code Chapter 16.28 Planning Manager Amy Rusko reviewed the ordinance approving an amendment to the Arlington Municipal Code Chapter 16.28 Building Construction and Life Safety Code. The amendment to Chapter 16.28 Building Construction and Life Safety Code is a City-initiated request to update development regulations. The update includes re-organizing the layout and changing the language of Section 16.28.030 to provide clarification of building and civil permit extensions and associated fees. This item was placed on the 2023 Comprehensive Plan Amendment Docket. A Public Hearing was held on May 16, 2023 before the Planning Commission. There were no public comments regarding the code amendment. Mayor Tolbert adjourned the workshop, and opened the special meeting at 7:52 p.m. SPECIAL MEETING – FINAL ACTION WAS TAKEN Resolution for Housing Action Plan Implementation (HAPI) Grant Closeout Community and Economic Development Director Marc Hayes requested Council approve the resolution to establish a tax increment area and a mandatory affordable housing requirement for all multi-family development within the tax increment area. Discussion followed with Mr. Hayes answering Council questions. Councilmember Debora Nelson moved, and Councilmember Don Vanney seconded the motion to approve the resolution authorizing the creation of a tax increment area, and the mandatory affordable housing requirement associated with the tax increment area and authorize the Mayor to sign the resolution. The motion passed unanimously. Substitute Ordinance for Adoption of Moratorium Related to Island Crossing Subarea City Attorney Steve Peiffle requested Council approve the substitute ordinance for adoption of moratorium related to Island Crossing Subarea. Island Crossing is one of 13 subareas in the City of Arlington. The intent is to create a Subarea Plan for all 13 areas, thus identifying existing conditions, attributes and deficiencies and what future plans may occur in those subareas and their respective neighborhoods. With the recent interest to develop in Island Crossing, creating a Subarea Plan for this area became a priority, so as to not miss the opportunity to create a more functional, safe and sustainable commercial district for the City of Arlington. This item was discussed in detail at the City Council Spring Retreat which occurred on March 31, 2023. Council adopted Ordinance 2023-006 on April 17, 2023. The Ordinance required a public hearing to be held within 60 days. Due to a clerical error, the City failed to publish notice of the public hearing for the June 5, 2023 Council meeting as intended. To remedy this, staff is asking for the original ordinance 2023-006 to be repealed; for a new ordinance to be adopted as an emergency; and for a public hearing to be scheduled on July 3, 2023. Council was asked to adopt this as an emergency ordinance again, which requires the approval of a majority plus one (5 votes) of the Council. Discussion followed with Mr. Hayes answering Council questions. Minutes of the City of Arlington City Council Workshop June 12, 2023 Page 4 of 4 Mayor Pro Tem Jan Schuette moved, and Councilmember Debora Nelson seconded the motion to adopt the substitute interim ordinance establishing a moratorium which declares an emergency, suspends issuance of development permits within the Island Crossing Subarea, and schedules a public hearing for July 3, and authorize the Mayor to sign the ordinance. The motion passed unanimously. Mayor Tolbert closed the special meeting, and the workshop resumed at 7:56 p.m. ADMINISTRATOR AND STAFF REPORTS None. MAYOR’S REPORT Mayor Tolbert spoke of her discussion with Representative Kim Schrier at the Arlington Community Food Bank. COMMENTS FROM COUNCILMEMBERS Councilmember Debora Nelson spoke of the passing of Arlington community member and Arts Council President Sarah Arney. She asked that City Council think about possibly naming the Smokey Point Park after her. COUNCILMEMBER REPORTS Councilmembers had nothing to report this evening. PUBLIC COMMENT None. REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING Council discussed and agreed to put the following item on the consent agenda for the June 20, 2023 Council Meeting. 3. First Amendment to Interlocal Agreement with North County Regional Fire Authority for Fire Marshal/Investigative Services EXECUTIVE SESSION None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:59 p.m. _________________________________________ Barbara Tolbert, Mayor City of Arlington Council Agenda Bill CA #3 Attachment COUNCIL MEETING DATE: June 20, 2023 First Amendment to ILA with North County Regional Fire Authority (NCRFA) First Amendment to ILA with North County Regional Fire Authority for Fire Marshal/Investigative Services Administration; Paul Ellis, City Administrator EXPENDITURES REQUESTED: BUDGET CATEGORY: BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: The City and NCRFA utilized the services of Karen Reed as a facilitator regarding issues with the existing ILA with NCRFA for fire marshal/investigative services (“the ILA”). Following the negotiations conducted with Karen’s assistance, the parties have reached an agreement to amend the ILA to address the concerns of both The existing interlocal for Fire Marshal/Investigation services was part of the negotiations for annexation into the RFA which became effective in August, 2021. Disagreements arose concerning the interpretation of the interlocal agreement, primarily as it related to understanding the level of service, the frequency of business inspections, and plan review services. The NCRFA commission voted on January 11, 2023 to terminate the ILA, subject to City Council approval. NCRFA subsequently rescinded this decision, which prompted the hiring of Karen Reed. The Chief of the NCRFA and Paul Ellis met with Karen on numerous occasions to iron out the final agreement. ALTERNATIVES: Table for further discussion. I move to approve the First Amendment to the ILA with North County Regional Fire Authority for Fire Marshal/Investigative Services, and authorize the Mayor to sign the same, subject to ratification by the North County RFA Board of Commissioners. INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 1 FIRST AMENDED INTERLOCAL AGREEMENT BETWEEN NORTH COUNTY REGIONAL FIRE AUTHORITY AND THE CITY OF ARLINGTON FOR FIRE MARSHAL/INVESTIGATION SERVICES THIS FIRST AMENDED INTERLOCAL AGREEMENT (the “Agreement”) is entered into by and between NORTH COUNTY REGIONAL FIRE AUTHORITY, a Washington municipal corporation (the “Authority”) and the CITY OF ARLINGTON, a Washington city (the “City”) on this _____day of __________, 2023. WHEREAS, the City annexed into the Authority effective August 1, 2021; and WHEREAS, the Authority and the City are authorized, pursuant to Chapter 39.34 of the Revise Code of Washington, to enter into interlocal cooperation agreements to provide high quality services to the public in an efficient manner; and WHEREAS, the Authority and the City (collectively the “parties”) have previously entered into an Interlocal Agreement for Fire marshal/Investigation Services dated as of August 1, 2021 (“2021 ILA”); and WHEREAS, the parties desire to amend the 2021 ILA to adjust and clarify the responsibilities of the parties. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. Purpose. The purpose of this Agreement is to ensure high quality and uninterrupted fire marshal services to the residents of the City during the term of this Agreement. 2. Term. This Agreement shall commence the date that this First Amended Agreement is filed with the County Auditor or posted on either party’s website, whichever is later (the “Effective Date”) and will continue until terminated as provided herein. Either party may terminate this Agreement for any reason upon not less than twenty-four (24) month’s advance written notice; provided, however, that neither party shall issue notice of termination prior to January 1, 2028. 2.1 Termination by Authority for Cause. The Authority may also terminate this Agreement upon thirty (30) days’ notice if the City fails to pay an undisputed Contract Payment installment within ninety (90) days of its due date and fails to cure the failure to pay prior to the termination date stated in the notice. INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 2 2.2 Termination by the City for Cause. If the Authority is in material breach of any term or condition herein, the City may provide the Authority with a written notice describing the default in detail. The Authority shall cure such breach within ninety (90) days after receipt of such notice and shall confer with the City on the steps being taken; provided, however, that the time for cure shall be extended if the default cannot be cured within ninety (90) days and the Authority is making a good faith effort to cure such default in a timely manner. If the Authority fails to timely cure the default as provided in this section, the City may issue written notice of termination which shall take effect not less than thirty (30) days following such notice. 3. Services. During the term of this Agreement, the Authority agrees to provide those fire marshal services identified in Exhibit A hereto (the “Services”) within the boundaries of the City, as those boundaries may be adjusted in the future. This is not an exclusive agreement and the City reserves the right to contract with a third party vendor to provide plan review and inspection fire marshal services described in section 10, below. 4. Level of Service. Services shall be provided as described in this Agreement, including Exhibit A. The City shall provide the Authority with at least six (6) months’ written notice of a desired change to the scope of services. 4.1 The Services shall be administered in the interest of the City and shall be performed in a professional and competent manner pursuant to and within the timelines required of the City’s Municipal Code (the “Code”), City policies and procedures, including applicable customer service standards, and any state or federal laws applicable to the performance of the Services. It is recognized by both parties that there are exceptions that will impact turnaround times that shall be taken into consideration in determining compliance with this section of the Agreement. 4.2 In the event of a change to the defined Level of Service, the Contract Payment shall be adjusted in accordance with Exhibit B. Any modification to the Level of Service shall be stated in a written amendment to this Agreement specifying the modifications to the Level of Service and the changes to the Contract Payment. In the event substantial volume increases affect the ability of the Authority to meet the defined Level of Service, the parties agree to collaborate in the public interest to address adjustments in the Contract Payment necessary to satisfy the Level of Service or to make changes to the Level of Service on mutually agreeable terms; provided, that no adjustment to the Contract INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 3 Payment or change to the Level of Service shall be effective unless stated in a written amendment to this Agreement in accordance with Section 24 below. 4.3 The City Administrator and Authority Fire Chief shall meet on a regular basis at the request of either party, to discuss the Level of Service, the Contract Payment and any other issues arising out of the performance of this Agreement. 5. Personnel, Equipment and Office Space 5.1 The Authority shall be solely responsible for establishing and supplying all staffing (the “Assigned Authority Personnel”) and all equipment necessary to provide the Services, except for any equipment which the City is expressly required herein to provide. 5.2 The City shall provide the Assigned Authority Personnel with access to permit files and other City records reasonably necessary for the Authority to provide the Services. 6. City Fees, Billing and Collection. The City may continue to impose and charge fees related to fire prevention services. The City shall collect and shall be entitled to retain all such fees that are collected. Billing and collection services associated with the City’s fees shall be solely performed by City staff. 7. Contract Payment. Commencing on the effective date of this First Amendment, the City shall, in consideration of the Services, pay the Authority on a per hour basis (the “Contract Payment”) in accordance with Exhibit B. Exhibit B is designed to set forth an estimated level of compensation that fully compensates the Authority for the actual cost of providing the Services as defined in Exhibit A. Authority shall invoice the City in a manner which separates out the billings for Plan Review and Inspection services provided under Section 10, below; Fire Code Enforcement provided under Section 11 below, and fire investigation services provided under Section 12, below. 7.1 Contract Payment Adjustment. Each year, no later than July 1st (“Adjustment Deadline”), the Authority shall submit to the City a statement showing the Contract Payment for the ensuing year, taking into account increases in labor costs for those personnel providing the Services. 7.1.1 Adjustment Date Not Met. If a new collective bargaining agreement (CBA) between the Authority and IAFF Local or employment contract which represents the Authority’s employees has not been finalized by the Adjustment Deadline of the final year INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 4 of the then-effective CBA, the Personnel costs and the Overhead costs for the ensuing year shall be adjusted following execution of the new CBA and shall be retroactive to January 1 of the Adjustment Year. For purposes of this paragraph, the term “Adjustment Year” means the year in which a new CBA or contract is effective between the Authority and the local chapter if the IAFF or Authority. When a new CBA has retroactive effect, the Adjustment Year shall be the date to which the CBA is retroactively applied. For example, if a CBA expires on December 31, 2022 and a new CBA is executed on December 1, 2024 but made retroactive to January 1, 2023, the Adjustment Year would be 2023. 7.1.2 Compensation Adjustments. If the parties determine that the calculation in Exhibit B results in an overcompensation or under compensation, the City and the Authority shall cooperate to make adjustments to Exhibit B, as necessary, to achieve the goal of compensating the Authority for the actual cost of providing the Services; provided, that no adjustment to Exhibit B shall be effective unless stated in a written amendment to this Agreement in accordance with Section 24 below. The City Administrator and Authority Fire Chief shall meet and confer on a regular basis to review performance and level of service of this agreement. i. Should a change in the Level of Service listed in Exhibit B be requested by either party, a reopener shall be allowed annually to discuss the changes necessary and cost of decrease or increase in services rendered. ii. This ILA shall be reevaluated not less than once every eight (8) years to discuss cost analysis and service levels. 7.1.3 Creating Unfunded Mandates. The City shall not create any unfunded mandates for increased service or reporting by the Authority without fully compensating the Authority for actual costs incurred. 8. Payment. From and after the effective date of this First Amendment, the Authority shall invoice the City for services provided each calendar quarter, and the invoice shall be issued to the City (to the attention of the City Administrator) no later than thirty (30) days after the end of the calendar quarter (January-March; April-June; July-September; October-December), except that the invoice for the 4th calendar quarter (October – December) shall be issued no later than January 10 of the following calendar year, i.e., 10 days after the end of the calendar quarter. Invoices shall be sent to the address provided in Section 20 herein. The City shall pay any undisputed amounts no later than thirty (30) days after receipt of the invoice. INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 5 8.1 Information to be included in invoices. The Authority shall include the following information in its invoices to the City: i. Date of service ii. Permit number if applicable iii. Address iv. Project name/occupancy v. System Type (if applicable) vi. Inspection Type vii. Inspection result viii. Service type (e.g., Plan Review, new construction; Fire investigation; Fire Marshal Inspection; Duty Crew Inspection) and Billing rate for each Service Type ix. Total Hours per service items delineating service type x. Total dollars per service item activity by service type xi. Total amount due by service type over the calendar quarter, and number of service items performed per service type. 8.2 Disputes. If the City disputes any portion of an invoice, the City shall provide a written response to the Authority within thirty (30) days of receipt of the invoice, describing the basis for the dispute and the desired resolution (a “Dispute Notice”). Failure to timely provide a Dispute Notice shall be deemed acceptance of the invoiced amount. If the City timely provides a Dispute Notice, the Fire Chief and City Administrator shall meet within a reasonable time no later than thirty (30) days after receipt in an effort to resolve the dispute. If the dispute is not resolved, the matter shall be subject to the dispute resolution provisions herein. 8.3 Interest on Delinquent Amounts. Invoices which have not been timely paid within thirty (30) days shall be deemed delinquent, and interest shall accrue at the rate of twelve percent (12%) per annum from the date of delinquency; provided, however, that said interest shall be adjusted if the dispute resolution process or litigation results in upholding the City’s dispute in whole or part. 8.4 Payment for Services provided by the Authority in 2021 and 2022. The City shall, within thirty (30) days of the effective date of this Agreement, pay the Authority Twenty- Seven Thousand and Five Hundred Dollars ($27,500). This payment is agreed by the parties to satisfy INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 6 any and all remaining payment obligations by the City to the Authority for services provided to the City in 2021 and 2022. 9. Fire Code Official. For purposes of Section 103.2 of the International Fire Code (IFC), the Authority Fire Chief shall be designated the Fire Code Official for the City during the term of this Agreement. In consultation with the City, the Fire Chief shall designate an individual to serve as the City’s Fire Marshal and ensure assignment of fire prevention personnel to support the needs of the City as defined in Exhibit A. The Fire Marshal and prevention personnel will perform the functions specified in this Agreement, International Fire Code, City ordinances, and other adopted fire service standards. The City shall retain the full and ultimate authority for code adoption, interpretation and enforcement. The Fire Marshal and fire prevention personnel shall be certified commensurate with duties assigned. 9.1 Fire Code refers to all applicable fire codes and prevention standards (“Codes”) of Section 103.2 of the International Fire Code (IFC) and local municipal code as that section may be amended or re-codified by the City. 9.2 The Fire Code Official may, from time to time, make recommendations to the City regarding suggested revisions or amendments to the City’s Fire Code. Such recommendations shall be made according to the process prescribed by the City. 10. Plan Review and Inspection Services. The Authority will provide plan review services, witness associated fire protection system accepting testing, and conduct occupancy inspections per this section and Exhibit A. The following terms and conditions shall apply with regards to such services: 10.1 All services provided pursuant to Exhibit A shall be performed in a professional and competent manner pursuant to and within the timelines required of the Codes, City policies and procedures, including applicable customer service standards, and any state or federal laws applicable to the performance of that work. Fire prevention personnel shall obtain and maintain certifications needed to perform the duties of these services. 10.2 The personnel assigned to the Fire Marshal’s Office shall maintain their operational training and provide operational support as part of their daily activities as directed by the Authority. INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 7 10.3 The City has a general goal of completing one (1) inspection per existing business occupancy every two (2) years, focusing on Moderate-Risk and High-Risk Occupancies. The parties acknowledge and agree that the City may or may not fund business inspections at a level sufficient to meet this target, in the City’s sole discretion. 10.3.1 Moderate Risk Occupancies are defined as those with a history of moderate frequency of fires or a moderate potential for loss of life or economic loss. Examples include ambulatory health care and industrial occupancies that do not maintain, store, use or handle hazardous materials in excess of exempt amounts. 10.3.2 High-Risk Occupancies are defined as those with a history of high frequency of fires, high potential for loss of life or economic loss, or that have a low or moderate history of fires or loss of life but the occupants have a high dependency on the built-in fire protection features or staff to assist in the evacuation during a fire or other emergency. Examples include multiple family dwellings, high-rise buildings, hotels, dormitories, lodging and rooming, assembly, childcare, detention, education, health care and industrial occupancies. 10.4 In 2023, the City agrees to pay a maximum of Thirty Thousand Dollars ($30,000) to the Authority for business occupancy inspections, as and when invoiced by the Authority, unless this amount is increased by agreement of the Parties per Section 10.4.3. 10.4.1 The parties shall confer no later than July 1 of each year regarding the estimated amount to be paid by the City for fire inspections for the following year, the estimated number of inspections that amount will fund, and staffing capacity of the Authority to perform such inspections. 10.4.2 No later than September 15 each year, the City shall provide notice in writing to the Authority of the maximum dollar amount the City will pay for existing business occupancy inspections by the Authority in the following calendar year (business occupancy inspections of existing businesses/buildings are distinct from new occupancy inspections completed for new construction/changes of use as part of the building permit process and funded out of permit fees collected by the City). Within this maximum dollar amount, the Authority shall plan to utilize not less than thirty (30) hours of Fire Marshal Time each year for inspection work arising from (1) inspections of low risk occupancies per Section 10.4.4, (2) inspection requests triggered by notifications from third party monitors of fire systems, and (3) inspections requested by the City following a notification of a code violation observed by Authority personnel (as further described in Exhibit A). INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 8 10.4.3 The Authority will provide written notice to the City when it expects to reach the maximum dollar amount authorized by the City per Section 10.4.2. The City will provide a written response within thirty (30) days as to whether the City will fund additional business inspections over and above the maximum dollar amount previously agreed for the calendar year; the Authority will confirm to the City in writing within twenty-one (21) days whether it can and will undertake additional building inspections using the additional funds offered by the City. The Authority will not bill the City for any business inspections costs above the agreed upon amount. A change in the amount of business inspections to be funded by the City shall not be considered a change in the scope of services requiring six (6) months’ notice per Section 4. 10.4.4 No later than January 1, 2024, the City will establish and maintain at its cost a self-certification program for low-risk business occupancies, seeking annual written or electronically submitted information from businesses deemed to be low-risk through forms mailed to each business in the self-certification program. The City and Authority shall confer on the list of businesses to be included in the program and the information to be requested of such businesses. The City shall provide a list of properties included in the program each year to the Authority. 10.4.4.1 Low-Risk business occupancies shall be defined as occupancies with a history of low frequency of fires and minimal potential for loss of life or economic loss. Examples include storage, mercantile and business occupancies. 10.4.4.2 Any business that fails to submit the required information annually to the City shall be removed from the self-certification program for a period of not less than three (3) years and shall be referred to the Authority for inspection in that calendar year as part of the annual target number of inspections for which the City has agreed to pay in the then current calendar year. 10.4.4.3 To incentivize compliance with the self-certification program, the Authority shall include in its annual business inspections a number of low- risk business occupancies, equal to approximately five percent (5%) of such occupancies each year. This shall be funded from the annual amount the City is paying for business inspections. INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 9 10.4.4.4 If any business submits information, or the City has information, that causes the City in its sole discretion to determine that business should be inspected by the Authority, the City shall promptly refer the business to the Authority and the Authority shall inspect the business, and this shall be funded from the annual the set aside for code violation inspections per Section 10.4.2. 11. Fire Code Enforcement. The following terms and conditions shall apply with regards to those Fire Prevention Code Enforcement services outlined in Exhibit A: 11.1 The City shall be responsible for providing prosecution services and legal counsel necessary to prosecute any civil or criminal code enforcement issues when enforcement requires judicial action (including hearing examiner proceedings). Once enforcement is turned over to the City for judicial action, the City retains independent prosecutorial discretion as to how or whether to proceed with enforcement action. The City will also maintain responsibility for any code enforcement activities that require the presence or involvement of commissioned law enforcement officers. The Assigned Authority Personnel who inspected the property and found it to be in violation shall appear before any court, hearing examiner, board, committee, or other body empowered to enforce the provisions of the IFC in order to assist the City with enforcing the IFC at the sole cost of the Authority. The parties acknowledge that the Authority, by statute, has no duty to enforce any provisions of the code or to enforce ordinances of the City except under the terms of this Agreement and the RFA Plan. Any duty the Authority does have to enforce the Code is not intended to benefit any specific members of the general public. The City agrees that all court costs and other legal costs incurred in the judicial enforcement of the Code within the City limits shall be paid by the City and shall not be considered an operating expense of the Authority. 11.2 The Authority will coordinate with the City when enforcement efforts are contested and when the City is undertaking related non-fire code enforcement efforts. 11.3 The Authority will attend the provide testimony and exhibits at Code enforcement hearings before the City’s Hearing Examiner, and upon appeal, if any, to court. 12. Fire Investigation Services. The following terms and conditions shall apply with regards to those Fire Investigation services as outlined in Exhibit A: INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 10 12.1 The Authority will investigate the origin and cause of all fires. Fires that meet or exceed the minimum threshold defined in Table A of Exhibit A will be investigated by the Authority Fire Marshal. The Authority Fire Marshal will coordinate incendiary fire investigations with the Arlington Police Department and/or Snohomish County Fire Marshal’s Office as required. 12.2 The Authority will have available staff to investigate major fires twenty-four (24) hours per day on call except during vacation and training periods, in which time mutual aid will be utilized or contracted with the Snohomish County Fire Marshal’s Office. 12.3 The Authority will coordinate incendiary fire investigation activities with the City Police Department as necessary. In the event of major crimes such as homicide or great bodily injury, the Authority will work with City Police Department to coordinate the outcome. The Authority shall not bear the cost of that enforcement if incurred. 12.4 All evidence gathered during the criminal investigation of a fire or other event for which Fire Investigation Services are provided shall be collected by the assigned fire investigator and maintained by the evidence custodians of the City’s Police Department pursuant to the policies and procedures for the maintenance of evidence set forth by the City’s Police Department. 12.5 The Parties will cooperate and keep each other informed as to the status of all fires in the City that occur as a result of suspected or confirmed criminal conduct by providing status reports of investigations as the investigations evolve. This obligation shall not be construed to require the disclosure of information if disclosure could jeopardize a criminal investigation. 12.6 The City reserves the right to use the Snohomish County Fire Marshal’s Office or other agencies to assist with the performance of the services in this section. 13. Records. All records received, used or prepared in connection with the Services shall remain in the custody of the City and shall be maintained in such manner(s) as may be prescribed by the City. All such records shall be accessible by the Assigned Authority Personnel in order to perform the Services. 13.1 The City shall be solely responsible for responding to Public Records Requests received by the City which involve public records generated pursuant to this Agreement; provided, however, that the Authority and Assigned Authority Personnel shall assist, as necessary, in locating responsive records necessary for the City to fulfill its statutory duties under RCW 42.56. INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 11 13.2 The Authority shall be solely responsible for responding to Public Records Requests received by the Authority which involve public records generated pursuant to this Agreement; provided, however, that the City shall cooperate, as necessary, in providing records necessary for the Authority to fulfil its statutory duties under RCW 42.56. 14. Indemnification. 14.1 To the extent permitted by law, the Authority shall indemnify, hold harmless and defend the City and its officers, agents and employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses and damages (“Claims”) of any nature whatsoever, by reason of negligent or intentional acts or omissions of the Authority, its officers, agents, and employees, or any of them, in performing services pursuant to this Agreement. In the event that any suit is based upon such a Claim is brought against the City, the Authority shall defend the same at its sole cost and expense; provided that the City retains the right to participate in said suit if any principle of governmental or public law is involved; and further provided, if final judgment be rendered against the City and its officers, agents, employees or any of them, or jointly against the City and the Authority and their respective officers, agents, and employees, or any of them, for negligent or intentional acts or omissions of the Authority, the Authority shall satisfy the same; and further provided, that if any such Claim is based on the concurrent negligence of the parties, then the Authority’s obligation under this Section applies only to the extent of its negligence. 14.2 To the extent permitted by law, the City shall indemnify, hold harmless and defend the Authority and its officers, agents and employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses and damages (“Claims”) of any nature whatsoever, by reason of (i) negligent or intentional acts or omissions of the City, its officers, agents, and employees, or any of them, in performing services pursuant to this Agreement and (ii) fires involving structures that were permitted by the City but for which the Fire Marshal did not, in good faith, sign off on the permit; and (iii) any fires involving structures that would have been inspected by the Fire Marshal but were not due to lack of funding from the City or an instruction by the City not to inspect. In the event that any suit is based upon such a Claim is brought against the Authority, the City shall defend the same at its sole cost and expense; provided that the Authority retains the right to participate in said suit if any principle of governmental or public law is involved; and further provided, if final judgment be rendered against the Authority and its officers, agents, employees or any of them, or jointly against the Authority and the City and their respective officers, agents, and employees, or any of them, for negligent or intentional acts or omissions of the City, the City shall satisfy the same; and further provided, that if INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 12 any such Claim is based on the concurrent negligence of the parties, then the City’s obligation under this Section applies only to the extent of its negligence. 14.3 The indemnification provisions above hereby constitute each party’s waiver of immunity under the Industrial Insurance Act, RCW 51 solely to fulfill the purposes of the foregoing indemnification provisions. This provision has been mutually negotiated by the parties. 15. City and Authority Are Independent Municipal Governments. The parties recognize and agree that they are independent governments. No separate legal or administrative entity is created by the Agreement. Except as expressly provided to the contrary in this Agreement, any real property acquired or used by either party in connection with the performance of this Agreement shall remain the sole property of such party, and the other party shall have no interest therein. Except for the specific terms herein, nothing herein shall be construed to limit the discretion of the governing bodies of each party. Specifically, and without limiting the foregoing, the Authority shall have the sole discretion and the obligation to determine the exact method by which the Services are provided to the City. 16. Administration of Agreement. This Agreement shall be administered by the Authority’s Fire Chief and the City Administrator of the City. The Fire Chief and City Administrator shall meet not less than quarterly (within three [3] weeks of the start of the calendar quarter) and at the request of either party to ensure the satisfaction of the City with the Services and that this Interlocal Agreement is being administered in accordance with its terms. Either the Fire Chief or City Administrator may request the participation of additional staff at such meetings, which request shall not be unreasonably withheld. Agenda items for the quarterly meetings shall include but are not limited to: city permitting process issues; fire inspections; fire investigations; any other terms of Exhibit A; upcoming special events; city code issues; billing questions and concerns; service levels, including potential changes. If any issues remain unresolved at the end of a quarterly meeting, the parties shall meet again promptly to seek to resolve the issue. The City Administrator may provide input to the Fire Chief concerning desired outcomes concerning the Services. 16.1 In addition to the foregoing, the Authority will provide such reports as may be reasonably requested by the City in order to remain informed regarding the Services performed pursuant to this Agreement. 17. Assigned Authority Personnel. The Assigned Authority Personnel shall at all times be Authority employees and shall not be deemed to be loaned employees of the City. The Authority shall be solely responsible for all compensation due to Assigned Authority INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 13 Personnel, supervision and discipline. The City shall immediately notify the Human Resources Director for the Authority concerning any actions by Assigned Authority Personnel requiring involvement by the Human Resources Department. The Authority retains the right to move employees within the Prevention Division. 18. Dispute Resolution. It is the intent of the parties herein to attempt to resolve all disputes between them without litigation. The parties shall mutually agree upon a mediator. Any expenses incidental to mediation, including the mediator’s fee, shall be borne equally by the parties. If the parties cannot agree upon a mediator, the parties shall submit the matter to the Judicial Arbitration and Mediation Service (JAMS), Judicial Dispute Resolution (JDR) or Washington Arbitration and Mediation Service (WAMS) and request that a mediator be appointed. If the parties cannot agree on which of these services to use, one of them shall be selected at random. This requirement to mediate the dispute may only be waived by mutual written agreement before a party may proceed to litigation. 18.1 Jurisdiction and venue for any dispute arising out of this Agreement shall lie exclusively in the Superior Court of Snohomish County, Washington. Each party expressly waives the right to a jury trial. 19. Non-Waiver. No waiver of any act or omission, including but not limited to acceptance or payment by the Authority, shall operate as a waiver of any past or future default, or to deprive a party of its right to terminate this Agreement, or be construed to prevent a party from promptly exercising any other right or remedy it has under this Agreement. 20. Notices. Any notice, demand, request, consent, approval or communication that either party desires or is required to give the other party shall be in writing addressed to the other party at the addresses as follows: North County Regional Fire Authority Attention: Fire Chief 8117 267th Street NW Stanwood, Washington 98292 City of Arlington Attention: City Administrator 238 N Olympic Avenue Arlington, Washington 98223 INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 14 or such address as may have been specified by notifying the other party of the change of address. Notice shall be deemed served on the date of actual delivery or the first attempted delivery as shown on the return receipt if mailed with the United States Postal Service by certified mail, return receipt requested. 21. Drafting. Each party has fully participated in the drafting of this Agreement. Therefore, this Agreement shall be construed according to its fair meaning without regard to which party drafted a particular provision. 22. Survival. All obligations of either party as provided for in this Agreement shall not cease upon the termination of this Agreement and shall continue as obligations until fully performed. All clauses of this Agreement which require performance beyond the termination date shall survive the termination date of this Agreement. 23. Entire Agreement. This Agreement contains all of the understandings between the parties. Each party represents that no promises, representations or commitments have been made by the other as a basis for the Agreement which have not been reduced to writing herein. No oral promises or representations shall be binding upon either party, whether made in the past or to be made in the future, unless such promises or representations are reduced to writing in the form of a modification to this Agreement executed with all necessary legal formalities by the legislative authorities of each party. 24. Amendments. This Agreement may only be amended or modified by a written agreement approved and authorized by the legislative authorities of each party. North County Regional Fire Authority City of Arlington INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 15 By:_______________________________ By:_____________________________ Commissioner Oakes Mayor Barb Tolbert By:________________________________ Commissioner Williams By:________________________________ Commissioner Cade By:________________________________ Commissioner Johnson By:________________________________ Commissioner Longley By:________________________________ Commissioner Iverson Attest:__________________________ Katie Casey, Board Secretary INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 16 EXHIBIT A LIST OF SERVICES I - Plan Review and Inspection Services: The Authority will provide plan review and occupancy inspections as described herein. It is the intent of the parties that the Authority will have an opportunity to participate in all phases of permit review for commercial, multifamily and industrial permitting projects with fire systems (fire suppression, fire alarm, sprinklers, exhaust venting systems, etc.), or requiring construction of new streets or fire hydrants, and that the Authority will have an opportunity to participate in or conduct occupancy inspections for any such projects, as well as for changes of occupancy for commercial, multifamily and industrial buildings. Plan Review Services include, but are not limited to, administration and enforcement of applicable fire codes and prevention standards ("Code or Codes"), including local municipal code as that section may be amended or recodified by the City. The Authority shall provide, in consultation with the City, the following Plan Review and Inspection Services: • Participate in the Land Use Planning process to ensure code compliance. • Consult with City Building Official on Fire and Life Safety issues identified during the plan review and occupancy inspections, Code Compliance and Enforcement, and provide recommendations regarding the development and maintenance of Fire Codes and Standards. • Consult with City on interpretation of Codes as necessary to perform the Services. • Review and approve fire protection and life safety system plans submitted to the City. • Monitor life safety systems in the City. • Witness acceptance testing of fire protection and life safety systems installed in new and existing buildings. Inspection of such system by the Authority following Authority’s receipt of notice that a system has failed third party inspection and/or monitoring shall be INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 17 charged to the City as a Fire Inspection (funded within the City’s annual commitment of funding for business occupancy inspections per Section 10.4.2). • Coordinate with the City on the scheduling and conducting of new construction/tenant improvement inspections for fire code compliance where Fire and Life Safety input is deemed necessary. • Participate in every Certificate of Occupancy inspection for all multifamily, commercial and industrial occupancies involving fire systems (fire suppression systems, alarm systems, sprinkler systems, exhaust venting systems, etc.) and all development requiring construction of new streets or additional fire hydrants, regardless of whether the City has outsourced the general permit processing to a third party for that permit. • Review Special Event applications/sites forwarded to the Authority by the City for fire code compliance. Provide recommendations regarding the special event code and permit requirements. • Direct the management and supervision of personnel performing the Services. • Perform all other administrative and records tasks necessary to support Inspection Services for the City. II - Fire Code Enforcement The Authority shall provide the following Fire Prevention Code Enforcement Services in Arlington city boundaries: • Coordinate the business occupancy inspection program with the City. The City’s general goal is to conduct one (1) biennial inspection per high or medium-risk business occupancy. The number of inspections to be completed each year shall be subject to and consistent with the maximum amount the City has agreed to pay for such inspections in that calendar year as described in Section 10.3. • The Fire Marshal shall conduct up to two (2) re-inspections where an occupancy fails inspections, before forwarding to the City for code compliance, but may determine in their discretion to forward the occupancy to code compliance by the City after one (1) follow-up INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 18 inspection. • Perform inspections required or authorized by the Code at intervals set forth in this Agreement or as otherwise agreed upon annually between the City Administrator and Authority's Fire Chief. • Investigate and resolve Code violation complaints or inquiries. Code violations found in the field by fire crews or the Fire Marshal shall be promptly communicated in writing to the City Building Official. The City Building Official and the Fire Marshal shall confer on actions to be taken in response to such violations, which may include a request for the Authority to conduct a follow-up inspection (paid for by the City per Section 10.4.2). Any unresolved disputes between the City Building Official and the Fire Marshal shall be referred to the City Administrator and Fire Chief for resolution. • Except as otherwise expressly limited in the Agreement and this Exhibit A, perform all Code enforcement duties of the Fire Marshal, Fire Code Official, and/or Fire Chief as provided in the Code. The parties acknowledge that the Authority, by statute, has no duty to enforce any provisions of the code or to enforce ordinances of the City except under the terms of this Agreement and the RFA Plan. Any duty the Authority does have to enforce the Code is not intended to benefit any specific members of the public. The City agrees that all court costs and other legal costs incurred in the judicial enforcement of the Code within the City limits shall be paid by the City and shall not be considered an operating expense of the Authority. • Coordinate with the City when enforcement efforts are contested and when the City is undertaking related non-fire code enforcement efforts. • Coordinate with the City on post-disaster building and system inspections and/or evaluations. • Approve and/or review fire safety, emergency evacuation, lockdown, shelter-in-place, and hazardous materials management plans. • Manage the Fire Department Business Occupancy Inspection Program. • Provide fire protection system confidence test program activities to include evaluation of confidence tests provided by third parties, issuance of correction notices and/or notices of violation with the City Building Official where deemed necessary. INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 19 • Manage a Fire Company Inspection Program as a means to conduct business occupancy inspections, and coordinate with the City the follow-up on code enforcement violations that are identified. • Process Fire Code complaints or inquiries from the public to include data entry, file creation and routing of information. • Nothwithstanding anything in this Section II, the Authority shall not provide building inspection services to those hangar buildings at the Arlington Municipal Airport, unless authorized by the City Manager. III - Fire Investigation Services: The Authority shall perform or contract with the Snohomish County Fire Marshal's Office, services that include but are not limited to: • Investigate the origin and cause of fires, interview suspects and witnesses, examine fire scenes, document findings, and prepare reports, protect evidence, cooperate with prosecutors and law enforcement, be available for interviews and courtroom testimony, and other associated duties. • Investigate all fires that are intentionally caused, suspicious, injurious, and fires with a loss of Ten Thousand Dollars ($10,000) or more if cause cannot be determined by on scene personnel. The Authority shall utilize the call out thresholds outlined in Table A below to determine whether a fire meets this threshold. • Coordinate arson investigation activities with the Arlington Police Department as necessary. • Respond to all working fires when requested during working hours and all working fires after hours if available. • Participate in regional and state fire investigative organizations and activities where deemed practical by the Authority. Evidence Retention All evidence gathered during the criminal investigation of a fire or other event for which Fire Investigative Services are provided shall be collected by the assigned fire investigator and maintained by the evidence custodians of the City's Police Department pursuant to the policies and procedures· for the maintenance of evidence as set forth by the City's INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 20 Police Department. Cooperation in Criminal Investigations The Parties will cooperate and keep each other informed as to the status of all fires in the City that occur because of suspected or confirmed criminal conduct by providing status reports of investigations as the investigations evolve. This obligation shall not be construed to require the disclosure of information if disclosure could jeopardize a criminal investigation. INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 21 TABLE A: FIRE INVESTIGATOR CALL OUT THRESHOLDS Meets threshold for investigation Fire appears to be set or suspicious Yes Fire damage is $10,000 or more Yes Death or injury is involved (civilian or firefighter) Yes Multiple fires or unusual fire spread Yes Possibility of an ignitable liquid used Yes Unusual odors or burn patterns Yes Other similar fires in the general area Yes City owned property Yes Commercial structure, including schools Yes Vehicles operating at the time of the fire No Damage is $10,000 or more and vehicles was not being driven at time of fire Yes Suspicious circumstances or evidence of incendiary Yes ON THESE ITEMS CONTACT CITY POLICE FIRST AND SECURE POLICE DEPARTMENT SUPERVISOR CONSENT Obviously abandoned junk vehicle Burn Complaints INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 22 EXHIBIT B 2023 Fire Marshal/Fire Investigation/Inspections Service Contract Estimate Fire Marshal/Fire Investigation Hourly Cost: Assistant Chief of CRR Labor $103.90 M&O/Administration $0.48 Capital $3.22 Total Cost per Hour $107.60 Annual Fire Inspections Hourly Cost: Engine/Ladder Crew Labor $162.74 M&O $2.59 Capital $4.88 Total Cost per Hour $170.21 Note 1: Labor costs are based on 2023 Authority projected salary and benefits rates. Note 2: In accordance with 7.1.1, if a new collective bargaining agreement (CBA) between the Authority and the IAFF Local or employee contract which represents the Authority's employees has not been finalized by September 1 of the first year of the then-effective CBA, the Personnel costs and Overhead costs for the ensuing year shall be adjusted following the execution of the new CBA and shall be retroactive to January 1 of the Adjustment Year. For purposes of this paragraph, the term "Adjustment Year" means the year in which a new CBA is effective between the Authority and the IAFF Local. When a new CBA has a retroactive effect, the Adjustment Year shall be the date to which the CBA is retroactively applied. For example, if a CBA expires on December 31, 2022 and a new CBA is executed on December 1, 2024 but made retroactive to January 1, 2023, the Adjustment Year would be 2023. Note 3: M&O/Administration costs are related to human resources, accounting, payroll services, fleet maintenance, uniforms, radios, field technology, etc. Note 4: Capital costs are related to fleet management for staff vehicle(s) on a 10-year replacement schedule and fire engine/ladder truck on a 15 year replacement schedule and will increase 3% annually. City of Arlington Council Agenda Bill Item: PH #1 Attachment CCOUNCIL MEETING DATE: June 20, 2023 Ordinance Approving Smokey Point Park Rezone Community & Economic Development; Amy Rusko, Planning Manager 360-403-3550 EXPENDITURES REQUESTED: None BUDGET CATEGORY: BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: The Smokey Point Park Rezone is a City initiated request to rezone a 2.23 -acre parcel that was purchased for the development of a public community park. The request is to rezone from the existing Commercial Corridor zoning to Public/Semi-Public zone. This item was placed on the 2023 Comprehensive Plan Amendment Docket. A Public Hearing was held on May 16, 2023 before the Planning Commission. There were no public comments regarding the rezone of the subject property. HISTORY: The City of Arlington has initiated the rezone of a parcel on the north side of 178thproperty is owned by the City of Arlington and located on one parcel. The proposed rezone is for the parcel listed under tax parcel 31052100302300 and is approximately 2.23 acres in size. The property is located at the northeast corner of the Smokey Point Boulevard and 178th Place intersection. The property is currently vacant and purchased by the city in 2022 for the purpose of a future public park. The proposed rezone would take the property out of the Commercial Corridor zoning designation and change the property to the Public/Semi-Public zone. The Public/Semi-Public zone is for properties designated for public use and owned by a public entity. Approval by the City Council is required for all rezone applications. If the request is granted, the City’s Future Land Use Map, City’s Official Zoning Map, and Regulating Plan Place Type Map (AMC Chapter 20.110) would need to be amended. ALTERNATIVES: Remand to staff for additional information. ORDINANCE NO. 2023-XXX 1 ORDINANCE NO. 2023–XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, APPROVING THE SMOKEY POINT PARK PROPERTY ARLINGTON LAND USE MAP AMENDMENT AND CONCURRENT REZONE UNDER CITY PLANNING NO. PLN1043 WHEREAS, the City of Arlington has the authority to regulate land uses within the City, and is in the process of its periodic annual review and update of the Comprehensive Plan; and WHEREAS, included in the review of the Comprehensive Plan was a series of proposed amendments to the City of Arlington Comprehensive Plan and Zoning Map; and WHEREAS, the City Planning Commission considered the proposed Smokey Point Park Land Use Map amendment and Concurrent Rezone at informational meetings on January 3, 2023 and February 7, 2023, at docketing meetings on March 7, 2023 and March 21, 2023, and then on May 2, 2023 and at a public hearing conducted on May 16, 2023; and WHEREAS, the Planning Commission made findings and provided its recommendations to the City Council concerning the proposed changes; and WHEREAS, the City Council considered the proposed Smokey Point Park Land Use Map amendment and Concurrent Rezone initially at the Council Retreat March 31, 2023 and at docketing meetings on April 10, 2023 and April 17, 2023; and WHEREAS, the City Council considered the same at a workshop held on June 12, 2023, and considered them along with the Planning Commission recommendations, at their regular meeting conducted a public hearing on June 20, 2023; and the City Council having determined approving said amendment was in the best interest of the City; and WHEREAS, the amendments were presented to the Department of Commerce for comment and said Department had no comments on the ordinance; and WHEREAS, review under the State Environmental Policy Act (SEPA) occurred with no comments received; and WHEREAS, the City Council has considered the proposed Smokey Point Park property comprehensive plan amendment and concurrent rezone and finds it to be consistent with city and state law and in the best interests of the citizens; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Findings. The City Council adopts the following findings as required by AMC Chapter 20.96: a. The subject property is suitable for public park in general conformance with adjacent land use and the surrounding development pattern, and with zoning standards under the potential zoning classifications. b. The proposed amendment is consistent with the goals, objectives, and policies ORDINANCE NO. 2023-XXX 2 of the comprehensive plan; c. The proposed amendment is consistent with the scope and purpose of the city's zoning ordinances and the description and purpose of the zone classification applied for; d. Circumstances have changed substantially since the establishment of the current zoning map or district to warrant the proposed amendment; e. The proposed zoning is consistent and compatible with the uses and zoning of surrounding property; f. The property that is the subject of the amendment is suited for the uses allowed in the proposed zoning classification; and g. Adequate public services can be made available to serve the full range of proposed uses in that zone. Section 2. The City Council approves the Smokey Point Park Property Arlington Land Use Map Amendment and Concurrent Rezone. The comprehensive plan and zoning designation identified on Exhibit “A” shall be modified from Commercial Corridor zoning to Public/Semi- Public and the City’s official zoning map and future land use map shall be amended to reflect this change as depicted on Exhibit “A”. Section 3. Severability. If any provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 4. Effective Date. The title of this Ordinance, which summarizes the contents of this ordinance, shall be published in the official newspaper of the City. The Ordinance shall take effect and be in full force five (5) days after the date of publication. PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this ______ day of _____________________, 2023. CITY OF ARLINGTON ______________________________ Barbara Tolbert, Mayor Attest: __________________________________________ Wendy Van Der Meersche, City Clerk Approved as to form: ___________________________________ Steven J. Peiffle, City Attorney ORDINANCE NO. 2023-XXX 3 ATTACHMENT A Staff Report & Recommendation Smokey Point Park Rezone – Planning Commission Page 1 of 5 Community and Economic Development Planning Division 18204 59th Avenue NE, Arlington, WA 98223 Planning Commission STAFF REPORT & RECOMMENDATION To: Planning Commission From: Amy Rusko, Planning Manager Date: June 6, 2023 Regarding: Smokey Point Park Rezone – PLN #1043 A. INTRODUCTION The Smokey Point Park Rezone is a City-initiated amendment to the City of Arlington Comprehensive Plan and Zoning Map, submitted under the 2023 Comprehensive Plan Update Docket cycle. B. GENERAL INFORMATION Applicant: City of Arlington Project Description: Rezone Requested Action: City Council Approval C. DETAILED PROJECT INFORMATION The City of Arlington has initiated the rezone of a parcel on the north side of 178th Street NE. The Smokey Point Park property is owned by the City of Arlington and located on one parcel. The proposed rezone is for the parcel listed under tax parcel 31052100302300 and is approximately 2.23 acres in size. The property is located at the northeast corner of the Smokey Point Boulevard and 178th Place intersection. The property is currently vacant and purchased by the city in 2022 for the purpose of a future public park. The proposed rezone would take the property out of the Commercial Corridor zoning designation and change the property to the Public/Semi-Public zone. The Public/Semi-Public zone is for properties designated for public use and owned by a public entity. Approval by the City Council is required for all rezone applications. If the request is granted, the City’s Future Land Use Map, City’s Official Zoning Map, and Regulating Plan Place Type Map (AMC Chapter 20.110) would need to be amended. Staff Report & Recommendation Smokey Point Park Rezone– Planning Commission Page 2 of 5 D. REGULATORY REQUIREMENTS 1. SEPA Compliance The amendment to the comprehensive plan amendment is subject to provisions of the State Environmental Policy Act (SEPA) and Chapter 20.98 of the Arlington Municipal Code (AMC). a. The Determination of Non-Significance (DNS) was issued on April 24, 2023. b. The DNS was published in the Everett Herald and posted at City Hall, Smokey Point Post Office, Arlington Library, the City Website, and the physical site on April 26, 2023. c. The DNS was mailed to property owners within 500’ of the property on April 26, 2023. d. The DNS public comment period will be open from April 26, 2023 to May 10, 2023. 2. Public Notification / Involvement a. Presentations and/or updates on the proposed land use action to the Planning Commission will occur on May 2, 2023, and May 16, 2023. b. A Public Hearing was held at Planning Commission in person located at Arlington City Council Chambers on May 16, 2023. c. A Notice of Public Hearing at the May 16, 2023, Planning Commission meeting was posted at the City Hall, Smokey Point Post Office, Arlington Library, the City Website and the physical site on April 26, 2023. d. A Notice of Public Hearing at the May 16, 2023, Planning Commission meeting was mailed to property owners within 500’ of the property on April 26, 2023. e. Presentations and/or updates on the proposed land use action to the City Council will occur on June 6, 2023 and June 20, 2023. f. A Public Hearing will be held at City Council in person located at Arlington City Council Chambers on June 20, 2023. g. A Notice of Public Hearing at the June 20, 2023, City Council meeting was posted at City Hall, Smokey Point Post Office, Arlington Library, the City Website and the physical site on March 31, 2023. h. A Notice of Public Hearing at the June 20, 2023, City Council meeting was mailed to property owners within 500’ of the property on March 31, 2023. 3. Washington State Department of Commerce Notification The Smokey Point Park Rezone was submitted to the Washington State Department of Commerce (DOC) on April 11, 2023, and the DOC will notify the City that if it is in procedural compliance with RCW 36.70A.106. E. BACKGROUND INFORMATION Staff completed the application and submittal information for the rezone on January 30, 2023. The city-initiated submittal was added to the 2023 Preliminary Docket. The preliminary docket was taken before the Planning Commission on March 7, 2023 and March 21, 2023. The Planning Commission made a recommendation to move the proposed docket item forward to the City Council. The final docket was taken before the City Council on April 10, 2023 and April 17, 2023. A public hearing was held at the Planning Commission meeting on March 21, 2023 and at the City Council meeting on April 17, 2023. The City Council approved the 2023 Final Docket through Resolution 2023-004. Staff Report & Recommendation Smokey Point Park Rezone– Planning Commission Page 3 of 5 F. ANALYSIS – AMC 20.96 AMENDMENTS Staff has reviewed the rezone against Arlington Municipal Code 20.96 and finds that the applicant has met the intent of all applicable requirements and standards through the following analysis. 1. AMC 20.96.026 – Selection and Decision Criteria Text and Zoning Map Amendments a. The proposed amendment is consistent with the goals, objectives, and policies of the Comprehensive Plan. The proposed rezone from the Commercial Corridor to Public/Semi-Public zone meets a variety of comprehensive goals and policies that are listed below: G0 – 2 Continue to provide effective stewardship over the natural and built environments within the City, ensuring harmony between both environments through application of best practice techniques. GO – 4 actions. This should include continued encouragement of public and private PO – 6.5 commercial and residential neighborhoods to ensure adequate gathering places for GL – 1 benefit, enjoyment by residents, and protection of natural resources while minimizing the threat to health, safety and welfare posed by hazards, nuisances, incompatible land uses and environmental degradation through implementation of the following: a) Growth Management: Manage growth so that the delivery of public facilities and services will occur in a fiscally responsible manner to support development and redevelopment within the City. c) Neighborhood Conservation: Achieve a well-balanced and well-organized combination of open space, commercial, industrial, recreation and public uses that are served by an efficient transportation network while protecting the GL – 15 Protect and enhance our various neighborhoods as follows: PL – 15.48 A community park and neighborhood center park should be located within the Smokey Point neighborhood. PL – 24.1 Public and semi-public development should be held to the same development standards as private development. PL – 24.2 construction of walkways and/or sidewalks to integrate and link commercial PP – 1.13 facilities at City-owned parks, trails, and open spaces. GP - 2 Provide a diverse range of recreational, cultural, and educational opportunities. PP – 2.1 PP – 2.2 PP – 2.3 recreational opportunities. Such facilities and services should be designed in a Staff Report & Recommendation Smokey Point Park Rezone– Planning Commission Page 4 of 5 PP – 2.5 The City should encourage the provision of art, interpretive, and educational facilities in parks and public buildings and spaces MPP – DP – 14 Preserve and enhance existing neighborhoods and create vibrant, sustainable compact urban communities that provide diverse choices of housing types, a high degree of connectivity in the street network to accommodate walking, bicycling and transit use, and sufficient public spaces. MPP – DP – 38 MPP – DP – 39 b. The proposed amendment is consistent with the scope and purpose of the City’s zoning. The proposed rezone is consistent in that all community parks that are owned by the City of Arlington are zoned Public/Semi-Public. The comprehensive plan also states that a community park in the Smokey Point area is desired. c. Circumstances have changed substantially since the establishment of the current zoning map or district to warrant the proposed amendment. The City of Arlington has been working on finding property within the Smokey Point area for multiple years. Without knowing the exact property that could be purchased, the city waited until the property was purchased prior to rezoning to public / semi-public for the future use of a community park. d. The proposed zoning is consistent and compatible with the uses and zoning of surrounding property. The proposed rezone to Public/Semi-Public will enhance the property and surrounding area by allowing a future community park to be enjoyed by future commercial and residential uses along the Smokey Point Boulevard Corridor. e. The property that is the subject of the amendment is suited for the uses allowed in the proposed zoning classification. The subject property sits on the northeast corner of the Smokey Point Boulevard 178th Place intersection which provides frontage access along both streets to a community parks. f. Adequate public services could be made available to serve the full range of proposed uses in that zone. The subject property has access to public water and sewer utilities, along with power. 2. AMC 20.96.060 – Section and Decision Criteria Comprehensive Plan and Zoning Map Amendments a. The amendment represents a matter appropriately addressed through the comprehensive plan, and the proposed amendment demonstrates a public benefit and enhances the public health, safety, and welfare of the city. The proposed rezone provides public benefits and enhances the public health, safety, and welfare of the city by providing a future community public park. The future project will also provide frontage improvements (sidewalks, street trees, parking, and accessible access to the park). b. The amendment does not raise policy or land use issues that are more appropriately addressed by an ongoing work program approved by city council. The amendment does not raise policy or land use issues, since the intent of the city owned property is to develop a future community public park. Staff Report & Recommendation Smokey Point Park Rezone– Planning Commission Page 5 of 5 c. The proposed amendment addresses significantly changed conditions since the last time the pertinent comprehensive plan map or text was amended. “Significantly changed conditions” are those resulting from unanticipated consequences of an adopted policy or changed conditions on the subject property or its surrounding area, or changes related to the pertinent comprehensive plan map or text, where such change has implications of a magnitude that need to be addressed for the comprehensive plan to function as an integrated whole. The City of Arlington has been working on finding property within the Smokey Point area for multiple years. Without knowing the exact property that could be purchased, the city waited until the property was purchased prior to rezoning to public / semi-public for the future use of a community park. d. The proposed amendment is consistent with the comprehensive plan and other goals and policies of the city, the countywide planning policies, the Growth Management Act, other state or federal law, and the Washington Administrative Code and other applicable law. There are twenty-one (21) goals and policies from the City of Arlington Comprehensive Plan and Countywide Planning Policies that were used to show compliance for a future community park on the subject site. The future community parks also meets the requirements of the Parks and Recreation Master Plan. G. FINDINGS AND CONCLUSIONS 1. Public meetings were held on January 3, 2023, February 7, 2023, March 7, 2023, March 21, 2023, April 10, 2023, April 17, 2023, May 2, 2023, May 16, 2023, June 6, 2023, and June 20, 2023. 2. The Smokey Point Park Rezone was submitted to the DOC on April 11, 2023, in accordance with RCW 36.70A.106 and the submittal will meet all DOC’s procedural requirements. 3. On May 2, 2023, the Planning Commission reviewed the Smokey Point Park Rezone at their workshop meeting. 4. On April 26, 2023, a Notice of Public Hearing for the May 16, 2023, Planning Commission public hearing was posted at City Hall, Smokey Point Post Office, Arlington Library, the City Website, and the subject site. 5. On April 26, 2023, Notice of Public Hearing for the May 16, 2023, Planning Commission public hearing was mailed to all property owners within 500’ of the subject property site. 6. On May 31, 2023, a Notice of Public Hearing for the June 20, 2023, City Council public hearing was posted at City Hall, Smokey Point Post Office, Arlington Library, the City Website, and the subject site. 7. On May 31, 2023, Notice of Public Hearing for the June 20, 2023, City Council public hearing was mailed to all property owners within 500’ of the subject property site. 8. The application for the Smokey Point Park Rezone, PLN#1043, has been reviewed for consistency with the Arlington Comprehensive Plan. 9. The Smokey Point Park Rezone, PLN#1043, has been reviewed in accordance with, and is consistent with, the Snohomish County Countywide Planning Policies. 10. The Smokey Point Park Rezone, PLN#1043, has been reviewed in accordance with, and is consistent with, the Multi-County Planning Policies. 11. The proposed Smokey Point Park Rezone, PLN#1043, was prepared in accordance with the Washington State Enabling Legislation (RCW 35A.63) and the Growth Management Act. 12. Documentation supporting the findings of fact is in file PLN#1043, which is adopted by reference into this approval. 13. Adoption of the proposed Smokey Point Park Rezone, PLN#1043, furthers public health, safety, and general welfare. City of Arlington Council Agenda Bill Item: PH #2 Attachment D COUNCIL MEETING DATE: June 20, 2023 Ordinance Approving Hernandez 204th Street Rezone Community & Economic Development; Amy Rusko, Planning Manager 360-403-3550 EXPENDITURES REQUESTED: None BUDGET CATEGORY: BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: The Hernandez 204th Street Rezone is a privately initiated request to rezone three properties along 204th Street NE. The three parcels total 1.18 acres. The request is to rezone from the existing Residential Low Capacity zoning to Neighborhood Commercial with Mixed-Use Overlay zone. This item was placed on the 2023 Comprehensive Plan Amendment Docket. A Public Hearing was held on May 16, 2023 before the Planning Commission. There were no public comments regarding the rezone of the subject property. HISTORY: The Comprehensive Plan Amendment and Zoning Map Amendment is a privately initiated proposal to rezone three properties along 204th Street (Cemetery Road). The subject parcels are listed under tax parcels 31051000405100, 31051000403300 and 31051000404500. The total proposed rezone acreage of all three parcels is approximately 1.18 acres. The three parcels are not part of a current subdivision and are occupied with a single-family residence on each of the parcels. The proposed rezone would take the property out of the Residential Low Capacity zoning designation and change the property to the Neighborhood Commercial with Mixed-Use Overlay. The rezoning of the property would allow for commercial and residential uses under the mixed-use development regulations. Approval by the City Council is required for all rezone applications. If the request is granted, the City’s Future Land Use Map, City’s Official Zoning Map, Regulating Plan Place Type Map, and Village Center Transect Map (AMC Chapter 20.110) would need to be amended. ALTERNATIVES: Remand to staff for additional information. th ORDINANCE NO. 2023-XXX 1 ORDINANCE NO. 2023–XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, APPROVING THE HERNANDEZ 204TH STREET PROPERTY ARLINGTON LAND USE MAP AMENDMENT AND CONCURRENT REZONE UNDER CITY PLANNING NO. PLN1031 WHEREAS, the City of Arlington has the authority to regulate land uses within the City, and is in the process of its periodic annual review and update of the Comprehensive Plan; and WHEREAS, included in the review of the Comprehensive Plan was a series of proposed amendments to the City of Arlington Comprehensive Plan, Zoning Map, Regulating Plan Place Type Map, and Village Center Transect Map; and WHEREAS, the City Planning Commission considered the proposed Hernandez 204th Street Land Use Map amendment and Concurrent Rezone at informational meetings on January 3, 2023 and February 7, 2023, at docketing meetings on March 7, 2023 and March 21, 2023, and then on May 2, 2023 and at a public hearing conducted on May 16, 2023; and WHEREAS, the Planning Commission made findings and provided its recommendations to the City Council concerning the proposed changes; and WHEREAS, the City Council considered the proposed Hernandez 204th Street Land Use Map amendment and Concurrent Rezone initially at the Council Retreat March 31, 2023 and at docketing meetings on April 10, 2023 and April 17, 2023; and WHEREAS, the City Council considered the same at a workshop held on June 12, 2023, and considered them along with the Planning Commission recommendations, at their regular meeting conducted a public hearing on June 20, 2023; and the City Council having determined approving said amendment was in the best interest of the City; and WHEREAS, the amendments were presented to the Department of Commerce for comment and said Department had no comments on the ordinance; and WHEREAS, review under the State Environmental Policy Act (SEPA) occurred with no comments received; and WHEREAS, the City Council has considered the proposed Hernandez 204th Street Comprehensive Plan amendment and Concurrent Rezone and finds it to be consistent with city and state law and in the best interests of the citizens; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Findings. The City Council adopts the following findings as required by AMC Chapter 20.96: a. The subject property is suitable for a commercial or mixed-use project in general conformance with adjacent land use and the surrounding development pattern, and with zoning standards under the potential zoning classifications. ORDINANCE NO. 2023-XXX 2 b. The proposed amendment is consistent with the goals, objectives, and policies of the comprehensive plan; c. The proposed amendment is consistent with the scope and purpose of the city's zoning ordinances and the description and purpose of the zone classification applied for; d. Circumstances have changed substantially since the establishment of the current zoning map or district to warrant the proposed amendment; e. The proposed zoning is consistent and compatible with the uses and zoning of surrounding property; f. The property that is the subject of the amendment is suited for the uses allowed in the proposed zoning classification; and g. Adequate public services can be made available to serve the full range of proposed uses in that zone. Section 2. The City Council approves the Hernandez 204th Street Arlington Land Use Map Amendment and Concurrent Rezone. The comprehensive plan and zoning designation identified on Exhibit “A” shall be modified from Residential Low-Capacity zoning to Neighborhood Commercial with Mixed-Use Overlay and the City’s official zoning map, future land use map, regulating plan place type map, and village center transect map shall be amended to reflect this change as depicted on Exhibit “A”. Section 3. Severability. If any provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 4. Effective Date. The title of this Ordinance, which summarizes the contents of this ordinance, shall be published in the official newspaper of the City. The Ordinance shall take effect and be in full force five (5) days after the date of publication. PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this ______ day of _____________________, 2023. CITY OF ARLINGTON ______________________________ Barbara Tolbert, Mayor Attest: ____________________________________ Wendy Van Der Meersche, City Clerk Approved as to form: ___________________________________ Steven J. Peiffle, City Attorney ORDINANCE NO. 2023-XXX 3 ATTACHMENT A ORDINANCE NO. 2023-XXX 4 Staff Report & Recommendation Hernandez 204th Street Rezone – Planning Commission Page 1 of 6 Community and Economic Development Planning Division 18204 59th Avenue NE, Arlington, WA 98223 Planning Commission STAFF REPORT & RECOMMENDATION To: Planning Commission From: Amy Rusko, Planning Manager Date: June 6, 2023 Regarding: Hernandez 204th Street Rezone – PLN #1031 A. INTRODUCTION The Hernandez 204th Street Rezone is a privately initiated amendment to the City of Arlington Comprehensive Plan and Zoning Map, submitted under the 2023 Comprehensive Plan Update Docket cycle. B. GENERAL INFORMATION Applicant: Ernesto Hernandez Project Description: Rezone Requested Action: City Council Approval C. DETAILED PROJECT INFORMATION The Comprehensive Plan Amendment and Zoning Map Amendment is a privately initiated proposal to rezone three properties along 204th Street (Cemetery Road). The subject parcels are listed under tax parcels 31051000405100, 31051000403300 and 31051000404500. The total proposed rezone acreage of all three parcels is approximately 1.18 acres. The three parcels are not part of a current subdivision and are occupied with a single-family residence on each of the parcels. The proposed rezone would take the property out of the Residential Low Capacity zoning designation and change the property to the Neighborhood Commercial with Mixed-Use Overlay. The rezoning of the property would allow for commercial and residential uses under the mixed-use development regulations. Approval by the City Council is required for all rezone applications. If the request is granted, the City’s Future Land Use Map, City’s Official Zoning Map, Regulating Plan Place Type Map, and Village Center Transect Map (AMC Chapter 20.110) would need to be amended. Staff Report & Recommendation Hernandez 204th Street Rezone– Planning Commission Page 2 of 6 D. REGULATORY REQUIREMENTS 1. SEPA Compliance The amendment to the comprehensive plan amendment is subject to provisions of the State Environmental Policy Act (SEPA) and Chapter 20.98 of the Arlington Municipal Code (AMC). a. The Determination of Non-Significance (DNS) was issued on April 24, 2023. b. The DNS was published in the Everett Herald and posted at City Hall, Smokey Point Post Office, Arlington Library, the City Website, and the physical site on April 26, 2023. c. The DNS was mailed to property owners within 500’ of the property on April 26, 2023. d. The DNS public comment period will be open from April 26, 2023 to May 10, 2023. 2. Public Notification / Involvement a. Presentations and/or updates on the proposed land use action to the Planning Commission will occur on May 2, 2023, and May 16, 2023. b. A Public Hearing was held at Planning Commission in person located at Arlington City Council Chambers on May 16, 2023. c. A Notice of Public Hearing at the May 16, 2023, Planning Commission meeting was posted at the City Hall, Smokey Point Post Office, Arlington Library, the City Website and the physical site on April 26, 2023. d. A Notice of Public Hearing at the May 16, 2023, Planning Commission meeting was mailed to property owners within 500’ of the property on April 26, 2023. e. Presentations and/or updates on the proposed land use action to the City Council will occur on June 6, 2023 and June 20, 2023. f. A Public Hearing will be held at City Council in person located at Arlington City Council Chambers on June 20, 2023. g. A Notice of Public Hearing at the June 20, 2023, City Council meeting was posted at City Hall, Smokey Point Post Office, Arlington Library, the City Website and the physical site on March 31, 2023. h. A Notice of Public Hearing at the June 20, 2023, City Council meeting was mailed to property owners within 500’ of the property on March 31, 2023. 3. Washington State Department of Commerce Notification The Hernandez 204th Street Rezone was submitted to the Washington State Department of Commerce (DOC) on April 11, 2023, and the DOC will notify the City that if it is in procedural compliance with RCW 36.70A.106. E. BACKGROUND INFORMATION The property owners provided the application and submittal information for the rezone on January 30, 2023. The privately initiated submittal was added to the 2023 Preliminary Docket. The preliminary docket was taken before the Planning Commission on March 7, 2023 and March 21, 2023. The Planning Commission made a recommendation to move the proposed docket item forward to the City Council. The final docket was taken before the City Council on April 10, 2023 and April 17, 2023. A public hearing was held at the Planning Commission meeting on March 21, 2023 and at the City Council meeting on April 17, 2023. The City Council approved the 2023 Final Docket through Resolution 2023-004. Staff Report & Recommendation Hernandez 204th Street Rezone– Planning Commission Page 3 of 6 F. ANALYSIS – AMC 20.96 AMENDMENTS Staff has reviewed the rezone against Arlington Municipal Code 20.96 and finds that the applicant has met the intent of all applicable requirements and standards through the following analysis. 1. AMC 20.96.026 – Selection and Decision Criteria Text and Zoning Map Amendments a. The proposed amendment is consistent with the goals, objectives, and policies of the Comprehensive Plan. The proposed rezone from the Residential Low Capacity to Neighborhood Commercial with Mixed-Use Overlay zone meets a variety of comprehensive goals and policies that are listed below: G0 – 1 Ensure City Goals and Policies are consistent with the Growth Management Act. GO – 3 PO – 6.4 Land-use developments should be conducive to social interaction. PH – 1.1 GH – 2 PH – 2.1 centers, transportation facilities, public services, schools, and park and recreation PH – 2.3 GL – 1 benefit, enjoyment by residents, and protection of natural resources while minimizing the threat to health, safety and welfare posed by hazards, nuisances, incompatible land uses and environmental degradation through implementation of the following: a) Growth Management: Manage growth so that the delivery of public facilities and services will occur in a fiscally responsible manner to support development and redevelopment within the City. c) Neighborhood Conservation: Achieve a well-balanced and well-organized combination of open space, commercial, industrial, recreation and public uses that are served by an efficient transportation network while protecting the PL – 1.5 service businesses that serve the limited convenience shopping and personal service needs to the immediate surrounding neighborhood. Generally, this designation is appropriate for lots that are located on the corner of an intersection GL – 4 consistent with the goals of the State Growth Management Act but also preserves and enhances Arlington’s quality of life, its natural environment, and its historical PL – 4.8 PL – 7.1 following: a) The overall impact to surrounding properties; Staff Report & Recommendation Hernandez 204th Street Rezone– Planning Commission Page 4 of 6 c) The feasibility of the site and its situation for the proposed density; d) The availability/capacity of urban services such as water and sewer to serve the area; e) The vacant land supply within the City at the proposed density; PL – 7.3 Vertical and Mixed Use developments with a residential component should be permissible in designated zones within the City. PL – 9.1 include the design and construction of walkways, sidewalks or other non-motorized features to integrate and link commercial activities and other GL – 10 Promote Neighborhood Commercial uses in appropriate places. PL – 10.1 A re-designation and rezoning of lots to neighborhood commercial may be approved by the City (at the City’s discretion) when a lot meets all of the following criteria and any others as listed in Title 20 of the AMC: 1. The lot is located at the intersection of two public rights-of-way, where at least one right-of-way has a roadway classification (whether existing or proposed) of arterial or greater OR is adjacent to another Neighborhood Commercial zoned lot and has direct access to an arterial roadway and is within 660 feet of an intersection. 2. The lot has existing and legal direct access to at least one arterial right-of-way prior to the reclassification and rezone request. The lot is adjacent to or abutting on at least one side to another lot zoned Neighborhood Commercial and/or residential (RULC, RLC, RMod, RMC, RHC). MPP – DP – 2 existing urban lands, such as advancing development that achieves zoned density. MPP – DP – 14 Preserve and enhance existing neighborhoods and create vibrant, sustainable compact urban communities that provide diverse choices of housing types, a high degree of connectivity in the street network to accommodate walking, bicycling and transit use, and sufficient public spaces. MPP – DP – 15 greyfields, to higher density, mixed-use areas to complement the development of the centers and the enhancement of existing neighborhoods. MPP – H – 1 Provide a range of housing types and choices to meet the housing needs of all income levels and demographic groups within the region. MPP – H – 2 Achieve and sustain – through preservation, rehabilitation, and new development – a sufficient supply of housing to meet the needs of low-income, moderate-income, middle-income, and special needs individuals and households that is equitable and rationally distributed throughout the region. MPP – Ec – 20 Provide an adequate supply of housing with good access to employment centers to support job creation and economic growth. MPP – T – 11 area that support compact, pedestrian- and transit-oriented densities and b. The proposed amendment is consistent with the scope and purpose of the City’s zoning. The proposed rezone is consistent with the City’s Mixed-Use Development Regulation Transects, by providing mixed-use development at major intersections. The extension of the Neighborhood Commercial and Mixed-Use Overlay to the west would provide additional small commercial and residential uses along the 204th Street (Cemetery Road) corridor. Staff Report & Recommendation Hernandez 204th Street Rezone– Planning Commission Page 5 of 6 c. Circumstances have changed substantially since the establishment of the current zoning map or district to warrant the proposed amendment. The City of Arlington has provided areas around major intersections of the city to be zoned under the mixed-use overlay in the past. These areas follow the Mixed-Use Development Regulations. The need for additional housing units and to supply a variety of housing types in the city has increased in the past few years. d. The proposed zoning is consistent and compatible with the uses and zoning of surrounding property. The proposed rezone to Neighborhood Commercial with Mixed-Use Overlay directly follows the Land Use Goals and Policies of the Comprehensive Plan under Goal 10 and Policy 10.1, listed above in the table, that specifically allows for the rezone of property adjacent to existing Neighborhood Commercial zoned properties. The subject parcels are adjacent to Neighborhood Commercial to the east. The subject parcels are located between 400 – 670 feet from the main 67th Avenue and 204th Street intersection. The properties to the north and west of the site are zoned Residential Low Capacity and the Arlington Cemetery to the south is zoned Public/Semi-Public. A mixed-use building was recently constructed to the east and a future mixed-use project would blend similar construction and uses. e. The property that is the subject of the amendment is suited for the uses allowed in the proposed zoning classification. The subject property sits on the north side of 204th Street NE (Cemetery Road) and has direct access to the street for commercial uses. The properties are governed by the Mixed-Use Development Regulations and have specific uses within the T4-MS Transect. The building types that would be allowed in the transect are Main Street, Flex, Live/Work, Mid-Rise, Multiplex Large, and Stacked Flats. A requirement of the Mixed-Use Development Regulations is that the 1st floor of the building contains retail commercial space. The Mixed-Use Development Regulations require a minimum of 15 dwelling units per acre. It appears that the subject parcels could be developed at a rate of 15-30 dwelling units per gross acre, pending the number of stories and space for parking. f. Adequate public services could be made available to serve the full range of proposed uses in that zone. The subject property has access to public water and sewer utilities, along with electricity and natural gas. 2. AMC 20.96.060 – Section and Decision Criteria Comprehensive Plan and Zoning Map Amendments a. The amendment represents a matter appropriately addressed through the comprehensive plan, and the proposed amendment demonstrates a public benefit and enhances the public health, safety, and welfare of the city. The proposed rezone provides public benefit and enhances the public health, safety, and welfare of the city by providing a future mixed-use building with both commercial and residential uses that are part of a walkable neighborhood. The future project will also provide frontage improvements (sidewalks, street trees, parking, and accessible access). b. The amendment does not raise policy or land use issues that are more appropriately addressed by an ongoing work program approved by city council. The amendment does not raise policy or land use issues since the Comprehensive Plan Goals and Policies directly allow for the extension of the Neighborhood Commercial zone through rezones as long as the requirements have been met. Staff Report & Recommendation Hernandez 204th Street Rezone– Planning Commission Page 6 of 6 c. The proposed amendment addresses significantly changed conditions since the last time the pertinent comprehensive plan map or text was amended. “Significantly changed conditions” are those resulting from unanticipated consequences of an adopted policy or changed conditions on the subject property or its surrounding area, or changes related to the pertinent comprehensive plan map or text, where such change has implications of a magnitude that need to be addressed for the comprehensive plan to function as an integrated whole. Changes to the city from the last comprehensive map amendment is that there is still a need to increase the number of housing units that are available to residents within the city limits. This rezone would allow for mixed-use to continue west along the frontage properties. d. The proposed amendment is consistent with the comprehensive plan and other goals and policies of the city, the countywide planning policies, the Growth Management Act, other state or federal law, and the Washington Administrative Code and other applicable law. There are twenty-seven (27) goals and policies from the City of Arlington Comprehensive Plan and Countywide Planning Policies that were used to show compliance for a future mixed-use project on the subject site. G. FINDINGS AND CONCLUSIONS 1. Public meetings were held on January 3, 2023, February 7, 2023, March 7, 2023, March 21, 2023, April 10, 2023, April 17, 2023, May 2, 2023, May 16, 2023, June 6, 2023, and June 20, 2023. 2. The Hernandez 204th Street Rezone was submitted to the DOC on April 11, 2023, in accordance with RCW 36.70A.106 and the submittal will meet all DOC’s procedural requirements. 3. On May 2, 2023, the Planning Commission will review the Hernandez 204th Street Rezone at their workshop meeting. 4. On April 26, 2023, a Notice of Public Hearing for the May 16, 2023, Planning Commission public hearing was posted at City Hall, Smokey Point Post Office, Arlington Library, the City Website, and the subject site. 5. On April 26, 2023, Notice of Public Hearing for the May 16, 2023, Planning Commission public hearing was mailed to all property owners within 500’ of the subject property site. 6. On May 31, 2023, a Notice of Public Hearing for the June 20, 2023, City Council public hearing was posted at City Hall, Smokey Point Post Office, Arlington Library, the City Website, and the subject site. 7. On May 31, 2023, Notice of Public Hearing for the June 20, 2023, City Council public hearing was mailed to all property owners within 500’ of the subject property site. 8. The application for the Hernandez 204th Street Rezone, PLN#1031, has been reviewed for consistency with the Arlington Comprehensive Plan. 9. The Hernandez 204th Street Rezone, PLN#1031, has been reviewed in accordance with, and is consistent with, the Snohomish County Countywide Planning Policies. 10. The Hernandez 204th Street Rezone, PLN#1031, has been reviewed in accordance with, and is consistent with, the Multi-County Planning Policies. 11. The proposed Hernandez 204th Street Rezone, PLN#1031, was prepared in accordance with the Washington State Enabling Legislation (RCW 35A.63) and the Growth Management Act. 12. Documentation supporting the findings of fact is in file PLN#1031, which is adopted by reference into this approval. 13. Adoption of the proposed Hernandez 204th Street Rezone, PLN#1031, furthers public health, safety, and general welfare. City of Arlington Council Agenda Bill Item: PH #3 Attachment ECOUNCIL MEETING DATE: June 20, 2023 Ordinance Approving Amendment to AMC Chapter 12.16 Uniform Street Naming and House Numbering Community & Economic Development; Amy Rusko, Planning Manager 360-403-3550 EXPENDITURES REQUESTED: None BUDGET CATEGORY: BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: The amendment to Chapter 12.16 Uniform Street Naming and House Numbering is a city-initiated request to update development regulations. The update includes regulations for address number size and location on commercial, industrial, and mixed-use buildings within the city. This item was placed on the 2023 Comprehensive Plan Amendment Docket. A Public Hearing was held on May 16, 2023 before the Planning Commission. There were no public comments regarding the code amendment. In the past few years, the city has seen the development of multiple commercial, industrial, and mixed-use buildings. The addressing on these buildings has shown to be a concern for the Building Official and Public Safety when entering a complex with multiple buildings. The city currently does not have regulations in place for businesses or property owners to follow for the size and location of the addressing numbers on their buildings. The City has proposed revisions to Chapter 12.16 Uniform Street Naming industrial, and mixed-consistent regulations to a property owner or business and provides public safety personnel clarity when entering a property. ALTERNATIVES: Remand to staff for additional information. authorize the Mayor to sign the ordinance. ORDINANCE NO. 2023-XXX 1 ORDINANCE NO. 2023-XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 12.16 OF THE ARLINGTON MUNICIPAL CODE REGARDING UNIFORM STREET NAMING AND HOUSE NUMBERING UNDER CITY PLANNING NO. PLN 1035 WHEREAS, the city has proposed an update to regulations for address number size and location on commercial, industrial, and mixed-use buildings. The regulations provide specific and consistent regulations to a property owner or business and provides public safety personnel clarity when entering a property; and WHEREAS, the Arlington Planning Commission considered the revisions initially with informational meetings on January 3, 2023 and February 7, 2023, at docketing meetings on March 7, 2023 and March 21, 2023, and then on May 2, 2023 and at a public hearing conducted on May 16, 2023; and WHEREAS, the Planning Commission made findings and provided its recommendations to the City Council concerning the proposed changes; and WHEREAS, the City Council considered the revisions initially at the Council Retreat March 31, 2023 and at docketing meetings on April 10, 2023 and April 17, 2023; and WHEREAS, the City Council considered the same at a workshop held on June 12, 2023, and considered them along with the Planning Commission recommendations, at their regular meeting conducted a public hearing on June 20, 2023; and the City Council having determined approving said amendment was in the best interest of the City; and WHEREAS, the amendments were presented to the Department of Commerce for comment and said Department had no comments on the ordinance; and WHEREAS, the City Council has considered the proposed amendment to the municipal code and finds it to be consistent with city and state law and in the best interests of the citizens; and NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as follows: Section 1. Arlington Municipal Code section 12.16.010 shall be and hereby is amended as follows: "Block" is considered the distance between intersections except where a long block faces a short block because of differences in platting of adjacent plats, or where unplatted land faces platted land. In these circumstances, the long block or unplatted land may be given more than one set of one hundred numbers in order to follow the desired uniformity for the Old Town districtDistrict as a whole. ORDINANCE NO. 2023-XXX 2 "Drive" means a public way dedicated or improved for general travel and as a primary means of access to the front of property, as either a thoroughfare or cul-de-sac as not to fit into the regular street or avenue pattern, andpattern and shall run north/south in between the grid lines. Section 2. Arlington Municipal Code section 12.16.030 shall be and hereby is amended as follows: (a) Old Town District. Base lines for the Old Town districtDistrict shall be First Street for all numbering of houses and buildings on the streets, avenues and other public ways running north and south; and the Burlington northernNorthern railroadRailroad right-of-way from the north city limits to Maple Street, and Cobb Avenue and State Route 9 shall constitute the base line for all numbering of houses and buildings on the streets, avenues and other public ways running east and west. Section 3. Arlington Municipal Code section 12.16.040 shall be and hereby is amended as follows: (e) The building official shall, on all building permits for new residences, accessory dwelling units, buildings, structures, or places of business, excepting sheds and accessory buildingsstructures, assign an address number consistent with this chapter. On building permits other than new construction, the building official shall ensure that the address listed thereon is consistent with this chapter. (f) Minor changes or corrections to numbers may be made administratively by the building official, following the written request from a residential or commercial occupantproperty owner. Minor changes may be initiated by staff when it is in the best interest of public safety. (g) Major changes such as renumbering or street name changes may be initiated by a written request from a residential or commercial occupantproperty owner, or by staff when it is in the interest of public safety and/or public benefits. In either case, the building official shall convene a review committee, to include but not limited to, a representative of the police department and the fire department. If the committee determines that a change should be made, a proposed plan shall be prepared, and the affected neighborhood or commercial area shall be notifiedcontacted for comment. The committee shall review any comments received and determine if the public safety interest is best served by the proposed change. Such changeFinal determination shall be approved by the city council prior to any such change being effectedaffected. Section 4. Arlington Municipal Code section 12.16.060 shall be and hereby is amended as follows: (b) Numbering Interval. (1) The assignment of a number to a specific property locationparcel shall be determined by measuring distances from the one hundred block grid lines. (c) Number Assignment. The assignment of numbers shall be as follows: ORDINANCE NO. 2023-XXX 3 (1) Old Town District. (A) All houses, buildings and lots situated within the first block north of First Street within the Old Town districtDistrict shall, on all intersecting streets, avenues and other public ways, be given numbers between 101 and 199 inclusive; within the second block, numbers between 201 and 299 inclusive shall be used, and so on in each succeeding block; and all numbers shall be indicated by adding the word “North” to the name of the street, avenue or other public way. (B) All houses, buildings and lots situated within the first block south of First Street within the Old Town districtDistrict shall, on all intersecting streets, avenues and other public ways, be given numbers between 101 and 199 inclusive; within the second block, numbers between 201 and 299 inclusive shall be used, and so on in each succeeding block; and all numbers shall be indicated by adding the word "South" to the name of the street, avenue or other public way. (C) All houses, buildings and lots situated within the first block east of the Burlington northernNorthern railroadRailroad right-of-way base line within the Old Town districtDistrict shall, on all intersecting streets, avenues and other public ways, be given numbers between 101 and 199 inclusive; within the second block, numbers between 201 and 299 inclusive shall be used, and so on in each succeeding block; and all numbers shall be indicated by adding the word "East" to the name of the street, avenue or other public way. (D) All houses, buildings and lots situated within the first block west of the Burlington northernNorthern railroadRailroad right-of-way base line within the Old Town districtDistrict shall, on all intersecting streets, avenues and other public ways, be given numbers between 101 and 199 inclusive; within the second block, numbers between 201 and 299 inclusive shall be used, and so on in each succeeding block; and all numbers shall be indicated by adding the word "West" to the name of the street, avenue or other public way. (E) One number shall be assigned for each twenty-five feet of frontage or fraction thereof except that adjustments may be made in order to follow the desired uniformity for the Old Town districtDistrict. (F) Odd numbers shall be used on the north and east sides of the streets, avenues, and all other public ways. (G) Even numbers shall be used on the south and west sides of the streets, avenues, and all other public ways. (H) All houses, buildings or lots nearer the base line shall be assigned smaller numbers. In assigning numbers to houses and buildings between which one or more lots lie unimproved, sufficientnumbers shall be spaced to allow for later assignment to such vacant lots. (2) City-Wide District. (A) All houses, buildings and lots situated within the city-wide district shall, on all intersecting streets, avenues and other public ways, be given numbers between 00 and 33 inclusive; within the second block, numbers between 00 and 33 inclusive shall ORDINANCE NO. 2023-XXX 4 be used, and so on in each succeeding block. (B) Even numbers shall be assigned to the south and west sides of streets; and odd numbers to the north and east sides of the streets. Determination of street directions north-south, east-west can be decided by observing the overall length of a street and noting its general direction. The even and odd numbers shall be assigned consecutively and opposite one another wherever possible. Neither numeric fractions nor alphabetical letters shall be assigned as part of the unique address for stand-alone structures. Where a street is prevented from being continuous by a natural barrier, the addressing will be broken off at the barrier and continued again at the other side of the barrier consistent with the appropriate one hundred grid block on the official grid map as described in Subsection (A) of this section. (C) Short loops and cul-de-sacs shall be numbered consecutively from that point where they originate and proceeding progressively around the loop or cul-de-sac. (D) Multifamily developments will have one main assigned number address taken from the street. Each building shall have a letter designation of A, B, C, D, etc. Interior streets within multifamily developments will be named and such names will be approved as defined in Section 12.16.040 of this chapter. If the interior street is to remain private, then the name will be qualified by designating that street as a lane as defined in Section 12.16.010 ["Lane"] of this chapter. Each of the multifamily buildings fronting that interior street will be numbered from said street. Each unit within a multifamily building will also be identified (e.g., 3515 Private Lane NE Unit #A101). Each unit numbering will be from left to right as seen from facing the building. The first digit of each unit number will indicate on which floor of the building each unit is located. (E) In large commercial development projects with a single access from a main street and a shared parking lot, each building will be individually numbered from the main street. For those projects fronting on intersecting streets, each building will be individually numbered from the intersecting street on which it fronts. Each tenant suite within a commercial building will also be identified (e.g., 3515 Main St. NE Suite #201101). The suite numbering will be from left to right as seen from facing the building. The first digit of each suite number will indicate which floor of the building each suite is located. (F) The design, style, and shape of the address numbers shall render them easily readable from the street. Numbers shall contrast with building background. (G) Commercial and multi-family address numbers shall be illuminated, located on the high point corner of single story buildings, and on the high point of the second story of multi-story buildings facing the street or drive aisle so as to be readily visible from the public street fronting the building at all times. (H) Floor levels are to start at Main entry level finish grade with 100 series numbers then vertically next level 200, third level 300 and continuous thereafter. (I) Address numbers on windows or other glazing require prior approval; contrasting may appear acceptable at certain times of day but may be non-acceptable at ORDINANCE NO. 2023-XXX 5 others. (J) Property owners shall be required to have all address numerals and letters visible and legible from the street. In cases where shadows or building locations adversely affect the visibility, then additional numbers, larger numbers or other modifications shall be required. In cases where overgrown vegetation adversely affects the visibility, then the property owner shall be required to trim or remove the vegetation from blocking the address. (K) The rear entrances or access doors of all strip malls, commercial center buildings, and other areas with multi-tenant spaces shall be posted with the floor level unit/suite number facing the street or drive aisle. (L) All address numerals and letters shall comply with this section at the time of business license issuance. (M) Numeral and Letter Calculations: Type of Building *The number 1 may be used in proportion with the other numbers of the (N) Examples of Address Locations and Placards ORDINANCE NO. 2023-XXX 6 Section 5. Arlington Municipal Code section 12.16.090 shall be and hereby is amended to read as follows: Failure to comply with the provisions of this chapter, orchapter or affixing to or displaying upon any house or building any such numbers other than those assigned to it, is a misdemeanor and shall be punished as provided in Section 1.04.010. 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 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 7. Effective Date. The title of this ordinance which summarizes the contents shall be published in the official newspaper of the City. This ordinance shall take effect and be in full force five (5) days after the date of publication as provided by law. PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this ______ day of _____________________, 2023. ORDINANCE NO. 2023-XXX 7 CITY OF ARLINGTON ____________________________________ Barbara Tolbert, Mayor ATTEST: ___________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: _________________________________ Steven J. Peiffle, City Attorney Staff Report & Recommendation AMC Chapter 12.16 – Planning Commission Page 1 of 2 Community and Economic Development Planning Division 18204 59th Avenue NE, Arlington, WA 98223 Planning Commission STAFF REPORT & RECOMMENDATION To: Planning Commission From: Amy Rusko, Planning Manager Date: June 6, 2023 Regarding: AMC Chapter 12.16 – PLN #1035 A. INTRODUCTION The Amendment to Chapter 12.16 is a City-initiated amendment to the Arlington Municipal Code, submitted under the 2023 Comprehensive Plan Update Docket cycle. B. GENERAL INFORMATION Applicant: City of Arlington Project Description: Code Amendment Requested Action: City Council Approval C. DETAILED PROJECT INFORMATION In the past few years, the city has seen the development of multiple commercial, industrial, and mixed-use buildings. The addressing on these buildings has shown to be a concern for the Building Official and Public Safety when entering a complex with multiple buildings. The city currently does not have regulations in place for businesses or property owners to follow for the size and location of the addressing numbers on their buildings. The City has proposed revisions to Chapter 12.16 Uniform Street Naming and House Numbering. The update includes regulations for address number size and location on commercial, industrial, and mixed-use buildings within the city. The proposed amendment provides specific and consistent regulations to a property owner or business and provides public safety personnel clarity when entering a property. D. REGULATORY REQUIREMENTS 1. SEPA Compliance This amendment to Arlington Municipal Code Title 12 is exempt from SEPA because the amended chapter is not part of Title 20. Staff Report & Recommendation AMC Chapter 12.16 – Planning Commission Page 2 of 2 2. Public Notification / Involvement a. Presentations and/or updates on the proposed land use action to the Planning Commission occurred on May 2, 2023, and May 16, 2023. b. A Public Hearing was held at Planning Commission in person located at Arlington City Council Chambers on May 16, 2023. c. A Notice of Public Hearing at the May 16, 2023, Planning Commission meeting was posted at the City Hall, Smokey Point Post Office, Arlington Library, the City Website and the physical site on April 26, 2023. d. A Notice of Public Hearing at the May 16, 2023, Planning Commission meeting was mailed to property owners within 500’ of the property on April 26, 2023. e. Presentations and/or updates on the proposed land use action to the City Council will occur on June 6, 2023 and June 20, 2023. f. A Public Hearing will be held at City Council in person located at Arlington City Council Chambers on June 20, 2023. g. A Notice of Public Hearing at the June 20, 2023, City Council meeting was posted at City Hall, Smokey Point Post Office, Arlington Library, the City Website and the physical site on March 31, 2023. h. A Notice of Public Hearing at the June 20, 2023, City Council meeting was mailed to property owners within 500’ of the property on March 31, 2023. E. BACKGROUND INFORMATION Staff completed the application and submittal information for the code amendment on January 30, 2023. The city-initiated submittal was added to the 2023 Preliminary Docket. The preliminary docket was taken before the Planning Commission on March 7, 2023 and March 21, 2023. The Planning Commission made a recommendation to move the proposed docket item forward to the City Council. The final docket was taken before the City Council on April 10, 2023 and April 17, 2023. A public hearing was held at the Planning Commission meeting on March 21, 2023 and at the City Council meeting on April 17, 2023. The City Council approved the 2023 Final Docket through Resolution 2023-004. F. FINDINGS AND CONCLUSIONS 1. Public meetings were held on January 3, 2023, February 7, 2023, March 7, 2023, March 21, 2023, April 10, 2023, April 17, 2023, May 2, 2023, May 16, 2023, June 6, 2023, and June 20, 2023. 2. On May 2, 2023, the Planning Commission reviewed the Amendment to AMC Chapter 12.16 at their workshop meeting. 3. On April 26, 2023, a Notice of Public Hearing for the May 16, 2023, Planning Commission public hearing was posted at City Hall, Smokey Point Post Office, Arlington Library, and the City Website. 4. On May 31, 2023, a Notice of Public Hearing for the June 20, 2023, City Council public hearing was posted at City Hall, Smokey Point Post Office, Arlington Library, the City Website, and the subject site. 5. The application for the amendment to AMC Chapter 12.16, PLN#1035, has been reviewed for consistency with the code amendments. 6. Documentation supporting the findings of fact is in file PLN#1035, which is adopted by reference into this approval. 7. Adoption of the proposed amendment to AMC Chapter 12.16, PLN#1035, furthers public health, safety, and general welfare. City of Arlington Council Agenda Bill Item: PH #4 Attachment F COUNCIL MEETING DATE: June 20, 2023 Ordinance Approving Amendment to AMC Chapter 16.28 Building Construction and Life Safety Code Community & Economic Development; Amy Rusko, Planning Manager 360-403-3550 EXPENDITURES REQUESTED: None BUDGET CATEGORY: BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: The amendment to Chapter 16.28 Building Construction and Life Safety Code is a city-initiated request to update development regulations. The update includes re-organizing the layout and changing the language of Section 16.28.030 to provide clarification of building and civil permit extensions and associated fees. This item was placed on the 2023 Comprehensive Plan Amendment Docket. A Public Hearing was held on May 16, 2023 before the Planning Commission. There were no public comments regarding the code amendment. Over the past few years, the city has recognized that this section is difficult for developers and builders when determining if they can receive a building or civil permit extension, and if they are required to pay fees. The request for building and civil permit extensions has become more relevant due to developers and builders not being able to receive certain products from suppliers in a timely fashion. The proposed amendment provides clarification on when a permit extension can be filed, how long the extension is and what additional fees are required. ALTERNATIVES: Remand to staff for additional information. the Mayor to sign the ordinance. ORDINANCE NO. 2023-XXX 1 ORDINANCE NO. 2023-XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 16.28 OF THE ARLINGTON MUNICIPAL CODE REGARDING BUILDING CONSTRUCTION AND LIFE SAFETY CODE UNDER CITY PLANNING NO. PLN 1037 WHEREAS, the city has proposed an update to regulations to provide clarification of building and civil permit extensions; and WHEREAS, the Arlington Planning Commission considered the revisions initially with informational meetings on January 3, 2023 and February 7, 2023, at docketing meetings on March 7, 2023 and March 21, 2023, and then on May 2, 2023 and at a public hearing conducted on May 16, 2023; and WHEREAS, the Planning Commission made findings and provided its recommendations to the City Council concerning the proposed changes; and WHEREAS, the City Council considered the revisions initially at the Council Retreat March 31, 2023 and at docketing meetings on April 10, 2023 and April 17, 2023; and WHEREAS, the City Council considered the same at a workshop held on June 12, 2023, and considered them along with the Planning Commission recommendations, at their regular meeting conducted a public hearing on June 20, 2023; and the City Council having determined approving said amendment was in the best interest of the City; and WHEREAS, the amendments were presented to the Department of Commerce for comment and said Department had no comments on the ordinance; and WHEREAS, the City Council has considered the proposed amendment to the municipal code and finds it to be consistent with city and state law and in the best interests of the citizens; and NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as follows: Section 1. Arlington Municipal Code section 16.28.030 shall be and hereby is amended as follows: (a) Building Permits (1) Every building permit issued under the provisions of the prior chapters of this title and codes adopted by the City of Arlingtonthose chapters of this title preceding this chapter, shall expire and become null and void if the buildingstructure or work authorized by such permit ishas not commenced within one hundred eighty days from the date of such permit issuance, or if the buildingstructure or work authorized by such permit is ORDINANCE NO. 2023-XXX 2 suspended or abandoned for one hundred eighty days at any time after the work has commenced. for a period of one hundred eighty days. (2) For the purposes of this section, the The one hundred eighty days will be deemed to have expired if no inspections have been called forperformed within one hundred eighty days of the date of permit issuance. or within one hundred eighty days after a validly called inspection. For an inspection to be a valid, ly called inspection, for the purposes of this section, the work being inspected must be complete, ready for the inspection, and noted "approved" by the building official. (3) Before such work can may recommence, a new building permit shall be first obtained and thewith a fee therefor shall be one-half of the building permit fee amount required for a new building permit. for such workThis only applies provided no changes have been made or will be made in to the original plans and specifications for such work and,and provided further, that such suspension or abandonment has not exceeded one year. (4) Any permittee holding an unexpired building permit may apply for an extension of time within which he may commence work under that permit, when he the permittee is unable to commence complete the work within the time required by this section for good and satisfactory reasons satisfactory to the building official.initial one hundred eighty days. The request for an extension of time shall be submitted to the Community and Economic Development Department a minimum of thirty calendar days prior to the expiration of the permit. The building official, for all permits authorized by prior chapters of this title, may extend the time for action by the permittee for a period not exceeding one hundred eighty days. upon written Written request by the permittee showing thatdetailing the circumstances beyond the control of the permittee that have prevented action from being taken. No permit shall be extended more than once. (The permittee shall pay a new full permit fee.) All permits expire after eighteen months and must be renewed if the work is not yet completed. (b) Civil Construction Permits for Private Development (1) Every civil construction permit approved and issued by the Community and Economic Development Department shall expire and become null and void if the work authorized by such permit has not commenced within eighteen months from the date of signature on the approved civil plans. (2) A civil construction permit may be extended for an additional six months under the following conditions: i. The permit has not expired. ii. The request for extension shall be made to the Community and Economic Development Department in writing at least thirty calendar days prior to the permit expiration date. iii. The work approved with the civil permit is actively under construction and the permit recipient has proceeded with due diligence and in good faith. (A) “Actively under construction” means the construction activity on-site at the property ORDINANCE NO. 2023-XXX 3 related to the approved civil permit is taking place without pause, interruption, or suspension. iv. Conditions of the permit have not changed so substantially as to warrant a new application. v. Permit extensions are subject to the fee as set by resolution for the processing of extensions. vi. No permit shall be extended more than once. (3) All civil permits that have expired after eighteen months and an extension was not requested or granted are required to provide a new submittal and full civil review fees. Section 2. 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 3. Effective Date. The title of this ordinance which summarizes the contents shall be published in the official newspaper of the City. This ordinance shall take effect and be in full force five (5) days after the date of publication as provided by law. PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this ______ day of _____________________, 2023. CITY OF ARLINGTON ____________________________________ Barbara Tolbert, Mayor ATTEST: ___________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: ___________________________________ Steven J. Peiffle, City Attorney Staff Report & Recommendation AMC Chapter 16.28 – Planning Commission Page 1 of 2 Community and Economic Development Planning Division 18204 59th Avenue NE, Arlington, WA 98223 Planning Commission STAFF REPORT & RECOMMENDATION To: Planning Commission From: Amy Rusko, Planning Manager Date: June 6, 2023 Regarding: AMC Chapter 16.28 – PLN #1037 A. INTRODUCTION The Amendment to Chapter 16.28 is a City-initiated amendment to the Arlington Municipal Code, submitted under the 2023 Comprehensive Plan Update Docket cycle. B. GENERAL INFORMATION Applicant: City of Arlington Project Description: Code Amendment Requested Action: Recommendation to City Council C. DETAILED PROJECT INFORMATION The City has proposed revisions to Chapter 16.28 Building Construction and Life Safety Code. The update includes re-organizing the layout and changing the language of Section 16.28.030 to provide clarification of building and civil permit extensions and associated fees. D. REGULATORY REQUIREMENTS 1. SEPA Compliance This amendment to Arlington Municipal Code Title 16 is exempt from SEPA because the amended chapter is not part of Title 20. 2. Public Notification / Involvement a. Presentations and/or updates on the proposed land use action to the Planning Commission occurred on May 2, 2023, and May 16, 2023. Staff Report & Recommendation AMC Chapter 16.28 – Planning Commission Page 2 of 2 b. A Public Hearing was held at Planning Commission in person located at Arlington City Council Chambers on May 16, 2023. c. A Notice of Public Hearing at the May 16, 2023, Planning Commission meeting was posted at the City Hall, Smokey Point Post Office, Arlington Library, the City Website and the physical site on April 26, 2023. d. A Notice of Public Hearing at the May 16, 2023, Planning Commission meeting was mailed to property owners within 500’ of the property on April 26, 2023. e. Presentations and/or updates on the proposed land use action to the City Council will occur on June 6, 2023 and June 20, 2023. f. A Public Hearing will be held at City Council in person located at Arlington City Council Chambers on June 20, 2023. g. A Notice of Public Hearing at the June 20, 2023, City Council meeting was posted at City Hall, Smokey Point Post Office, Arlington Library, the City Website and the physical site on March 31, 2023. h. A Notice of Public Hearing at the June 20, 2023, City Council meeting was mailed to property owners within 500’ of the property on March 31, 2023. E. BACKGROUND INFORMATION Staff completed the application and submittal information for the code amendment on January 30, 2023. The city-initiated submittal was added to the 2023 Preliminary Docket. The preliminary docket was taken before the Planning Commission on March 7, 2023 and March 21, 2023. The Planning Commission made a recommendation to move the proposed docket item forward to the City Council. The final docket was taken before the City Council on April 10, 2023 and April 17, 2023. A public hearing was held at the Planning Commission meeting on March 21, 2023 and at the City Council meeting on April 17, 2023. The City Council approved the 2023 Final Docket through Resolution 2023-004. F. FINDINGS AND CONCLUSIONS 1. Public meetings will be held before Planning Commission on May 2, 2023, and May 16, 2023. 2. On May 2, 2023, the Planning Commission will review the Amendment to AMC Chapter 16.28 at their workshop meeting. 3. On April 26, 2023, a Notice of Public Hearing for the May 16, 2023, Planning Commission public hearing was posted at City Hall, Smokey Point Post Office, Arlington Library, and the City Website. 4. On May 31, 2023, a Notice of Public Hearing for the June 20, 2023, City Council public hearing was posted at City Hall, Smokey Point Post Office, Arlington Library, the City Website, and the subject site. 5. The application for the amendment to AMC Chapter 16.28, PLN#1037, has been reviewed for consistency with the code amendments. 6. Documentation supporting the findings of fact is in file PLN#1037, which is adopted by reference into this approval. 7. Adoption of the proposed amendment to AMC Chapter 16.28, PLN#1037, furthers public health, safety, and general welfare. City of Arlington Council Agenda Bill NB #1 Attachment June 20, 2023 (formerly MSA) Scope and Fee for Amendment #1 Public Works; Jim Kelly, Director 360-403-3505 EXPENDITURES REQUESTED: $151,365 (Design only) FEMA Grant / Storm Capital Fund BUDGETED AMOUNT: $ 1,492,500.00 (Design and Construction) LEGAL REVIEW: DESCRIPTION: In 2012 the City began working to mitigate flooding impacts to businesses along 204th St. and in the Jensen Business Park that was caused by a developer’s rerouting of a drainage way into Prairie Creek, the culverts at 71st Ave, 74th Ave, 204th Ave, BNSF, and 69th Ave were undersized to pass the increased flow. To view the project storyboard visit https://arcg.is/C9DD0 All culvert replacement and creek restoration work has been completed except for replacement of the culvert crossing beneath the BNSF railroad tracks and restoration of the creek channel immediately upstream from the culvert. The City applied for and received a grant from FEMA to fund this final flooding and creek restoration work. The City contracted with Consor for the design of a culvert system, Consor brought the design to the 95% level when disagreement between permitting agencies forced a redesign to a bridge structure. Consultation and review with BNSF, the Tribe, and the permitting agencies have agreed that the bridge will be an acceptable structure. ALTERNATIVES: Remand to staff for further scope and fee discussion. I move to approve Amendment No. 1 to the Consor contract for the BNSF Bridge Design as part of the Prairie Creek Drainage Improvement Project and authorize the Mayor to sign the amendment. City of Arlington Consor North America, Inc. Prairie Creek Phase 2B May 2023 Amendment No.1 - 1 EXHIBIT A1 AMENDMENT TO THE SCOPE OF WORK PRAIRIE CREEK DRAINAGE IMPROVEMENTS PHASE 2B CITY OF ARLINGTON, WASHINGTON Background The primary objective for this scope of work (SOW) is to produce bridge construction documents to replace a culvert in Prairie Creek under the Burlington Northern Santa Fe Railroad (BNSF) near the intersection of 204th Street NE and 69th Avenue NE. Consor (Consultant) developed the following SOW for engineering services to assist the City of Arlington (City) lead permitting and bid letting. The City and BNSF have collaborated to implement a bridge crossing of Prairie Creek using grant funding from FEMA. The City will furnish design and permitting with Consultant support. BNSF will facilitate design review and construct the bridge. The SOW reflects discussions with the City and the Consultant’s understanding of the services desired. The City advanced discussions with State permit agencies and BNSF during the summer of 2022, resulting in the following criteria: • The western track remains operational, which the eastern spur is scheduled for closure. o Any existing ballast removed during spur decommissioning will require export to an approved disposal site. • Single span structure, with no interior bent. o Span clear width greater than 26 feet to follow Stream Simulation requirements, assuming a Bank Full Width (BFW) of 20 feet, using the equation 1.2xBFW + 2 feet. The actual proposed span is proposed to be founded on ‘spill through style’ abutments with embankments graded to final channel profile. o Internal streambed to provide a low flow channel width of 12 feet. The previous SOW for a culvert at the stream crossing advanced to 90% design. Those tasks are considered complete and unused budgets from obsolete tasks will apply to reconcile the overall budget. This activity, in addition to the additional budget assigned to Task 2.3 within this amendment are intended to account for previous out of scope services. City of Arlington Consor North America, Inc Prairie Creek Phase 2B May 2023 Amendment No.1 - 2 \\arlington\city\PW_Admin\Meetings\Council Meetings\2023\06-12-2023 (Workshop)\20230523-EXH-A1_Prairie Creek Ph 2B SOW.docx Scope of Work The proposed SOW is divided into the following major work tasks shown below. Since BNSF will construct the bridge, Consultant services during and after construction are omitted, or deferred. Task 5 – Bridge Project Management Task 6 – Prepare Bridge Engineering & Construction Documents Task 2.3 – PS&E (90%) Budget adjustments shown under this task reflect work beyond the original scope of work for coordination with BNSF and permitting agencies. Task 5 – Bridge Project Management Work under this task includes finalizing project scope and general project management for the duration of the project. The duration of services is anticipated to commence in June 2023 and complete in February 2024. Subtasks include: 5.1 Overall Project Management Project management will include project start-up, in-house review and task coordination, coordination with City staff, preparation of monthly progress reports, tracking of project costs, updating project schedules, and preparation for and attendance at various project-related meetings not provided for elsewhere in other work tasks. City Responsibilities 1. Obtain Permits of Entry or provide access easements to property belonging to others. 2. Request use of BNSF standards plans to be used in development of bridge construction documents. 3. Lead and manage the relationship with BNSF and other jurisdictions involved in the project, with adjacent property owners, and with the general public. 4. Lead and manage the right-of-way acquisition process, if applicable. Other tasks may include assigning right-of-way file numbers, generating property descriptions, and exhibits. Deliverables 1. Correspondence, e-mails, and other documentation, upon request 2. Monthly billing statements and activity reports (PDF) – Nine (9) City of Arlington Consor North America, Inc Prairie Creek Phase 2B May 2023 Amendment No.1 - 3 \\arlington\city\PW_Admin\Meetings\Council Meetings\2023\06-12-2023 (Workshop)\20230523-EXH-A1_Prairie Creek Ph 2B SOW.docx Task 6 – Bridge Engineering & Construction Documents This task will produce engineering services to support development of bid-ready plans and specifications. 6.1 Geotechnical Engineering Review previous reports and explorations at the site as a basis for providing geotechnical engineering services in support of the design, including: 1. Provide foundation design recommendations consistent with BNSF requirements for the bridge including o recommended pile alternatives, o capacities for compression, uplift and lateral loads, o minimum tip elevation, o seismic design, and o installation considerations. 2. Evaluate lateral pressures for design of abutments, including seismic pressures and surcharges, backfill, wall drainage, etc., as appropriate. 3. Provide lateral resistance and friction coefficients. 4. Provide recommendations for temporary slopes and shoring, and construction dewatering considerations. 5. Provide recommendations for permanent slopes at bridge embankments. 6. Provide earthwork recommendations including structural fill content and placement criteria, wall backfill criteria, and consultation regarding AREMA requirements. 7. Project management and coordination with the structural and civil engineers regarding BNSF/AREMA requirements. Assumptions 1. Previous geotechnical field explorations are sufficient to meet BNSF structural requirements. Additional field explorations are excluded from this SOW. City of Arlington Consor North America, Inc Prairie Creek Phase 2B May 2023 Amendment No.1 - 4 \\arlington\city\PW_Admin\Meetings\Council Meetings\2023\06-12-2023 (Workshop)\20230523-EXH-A1_Prairie Creek Ph 2B SOW.docx Deliverables 1. Present geotechnical recommendations and conclusions in a written report along with supporting subsurface information and figures. 6.2 Hydrology and Hydraulics Develop hydrology and hydraulic (H&H) supporting exhibits, forms, calculations and reporting to comply with Stream Simulation requirements of WDFW’s Water Crossing Design Guidelines (2013, Chapter 3). Support the City’s lead for coordination with permitting and BNSF to document requirements for streambed material design, scour, and water elevations relative to the bridge. Assumptions 1. BNSF requires Energy Grade Line (EGL) Elevation of creek less than subgrade elevation, and Water Surface Elevation (WSE) less than low chord of superstructure for 100-year return period. Deliverables 1. Draft and Final Technical Memorandum (PDF) with supporting exhibits. 2. BNSF Engineering Services – Structure Review Comments Form. 6.3 Concept Design The design team will develop concept level design documents for submittal and review to BNSF and City for review and approval of proposed final bridge configuration. Due to the substantial structural revisions concept submittal will allow for early communication and efficient refinement of final bridge design. The anticipated structure configuration is based on BNSF standard drawings and consists of a single span precast prestressed concrete double cell girder bridge supported by precast concrete spill through type abutment caps founded on driven steel H-Pile. Final configuration to be determined by H&H analysis with geotechnical recommendations for deep foundation design. Deliverables 1. Draft Design Criteria 2. (1 sheet) General Plan, Elevation, Typical Section City of Arlington Consor North America, Inc Prairie Creek Phase 2B May 2023 Amendment No.1 - 5 \\arlington\city\PW_Admin\Meetings\Council Meetings\2023\06-12-2023 (Workshop)\20230523-EXH-A1_Prairie Creek Ph 2B SOW.docx 6.4 60% Design The plans and specifications that were prepared as part of the Prairie Creek Phase 2B culvert project will be updated to reflect the work associated with the BNSF bridge. A list of drawings anticipated in the complete plan set is provided below. G2 Legend, Abbreviations, and General Notes (update project title, date) C1 Existing Conditions, Site Preparation and Erosion Control Plan C4 Stream Restoration & Mitigation Planting Plan S3 Typical Bridge Sections S5 Precast Concrete Wingwall Details S8 Bearing Details & Misc. Steel Details 6.5 90% Design Update the plans and specifications pending City, BNSF and permit agency review comments from the 60% Design and resubmit. 6.6 100% Design Prepare final construction ready plans and specifications after permit approvals to include environmental permit conditions. City Responsibilities 1. Complete review of the draft submittal and provide one (1) compiled written set of comments. 2. Provide electronic copy of required “front end” contract documents (MS Word). City of Arlington Consor North America, Inc Prairie Creek Phase 2B May 2023 Amendment No.1 - 6 \\arlington\city\PW_Admin\Meetings\Council Meetings\2023\06-12-2023 (Workshop)\20230523-EXH-A1_Prairie Creek Ph 2B SOW.docx 3. Establish survey control and field locate existing property/right-of-way (ROW) monuments within the limits of survey; review existing right-of-way records (i.e., surveys, plats, deeds, and right-of-maps). City will provide survey data for ROW and property boundaries. 4. Provide direction on pavement section design if applicable, anticipated to include five (5) inches of ACP over 12 inches of aggregate base. 5. Lead and manage utility coordination and relocations, with supporting exhibits provided by Consultant. 6. Lead and manage all permitting activities, including post-construction monitoring of stream restoration. 7. Supply templates of City standard and supplemental specifications. 8. Coordinate with BNSF to assemble all typical contract documents for the construction package including bonds, certificates of compliance, contract, general conditions, etc. 9. Furnish trail railing detail for integration into Consor’s plan set that matches existing rail along NE 69th Avenue. Assumptions 1. Structural engineering is completed by Consor’s internal staff, which are acceptable to BNSF. 2. Structural design will utilize BNSF’s Standard Bridge & Component Plans (Current version to be furnished by BNSF prior to NTP). Bridge design will be in accordance with AREMA Manual guidelines and Cooper’s E80 design live load with seismic design limited to an equivalent lateral force analysis. 3. No interim submittals will be required, and review comments will be addressed during subsequent submittal. 4. No track raise or track design is anticipated bridge design will use survey to restore horizontal and vertical alignment with no track raise or adjustment to horizontal alignment. 5. Since BNSF is constructing the bridge, this task omits preparation of a cost estimate. 6. Project special provisions will be updated to reflect BNSF and/or the WSDOT 2022 Standard Specifications requirements as applicable. 7. Consultant shall apply a Washington Professional Engineer’s stamp with signature and date on the final construction-ready edition of the design plans and specifications. City of Arlington Consor North America, Inc Prairie Creek Phase 2B May 2023 Amendment No.1 - 7 \\arlington\city\PW_Admin\Meetings\Council Meetings\2023\06-12-2023 (Workshop)\20230523-EXH-A1_Prairie Creek Ph 2B SOW.docx 8. Utility relocation designs provided by others, if applicable. This includes potential overhead power de-energizing or shielding coordination. 9. Traffic control and/or detour plans are not required. 10. Bridge design does not include train crew walkway on either side of the proposed bridge. 11. No bridge waterproofing will be provided to the ballast deck bridge. 12. Construction phasing, temporary track design such as shoofly are not within the scope of design. 13. Previous boundary and topographic survey information remains sufficient; no additional survey work is required. 14. Bridge construction is limited to the railroad’s property and improvements within the City’s right-of-way or other private properties are not required, such as ADA ramps, sidewalks, roadway, signage, illumination, etc. The City requires a 12’ wide path/sidewalk along 204th Street frontage. Deliverables 1. Submittals to include plans (PDF), contract documents and specifications (MS Word and PDF) for City and BNSF review. Native format file transmittal is not anticipated for final submittal. Task 7 – Services During Construction (Deferred) Estimated Schedule Consultant shall begin work immediately upon receipt of Notice to Proceed from the City and proceed according to the preliminary estimated schedule presented below, which reflects the City's desire to complete construction by Fall 2024. Notice to Proceed May 31, 2023 Concept Submittal July 15, 2023 (4-week BNSF/City Review Pencils down) Concept Review Comments due back August 15, 2023 60% Submittal October 15, 2023 (6-week BNSF/City Review Pencils down) 60% Review Comments due back December 1, 2023 90% Submittal January 15, 2024 (4-week BNSF/City Review Pencils down) 90% Review Comments due February 14, 2024 100% Submittal February 28, 2024 City of Arlington Consor North America, Inc Prairie Creek Phase 2B May 2023 Amendment No.1 - 8 \\arlington\city\PW_Admin\Meetings\Council Meetings\2023\06-12-2023 (Workshop)\20230523-EXH-A1_Prairie Creek Ph 2B SOW.docx Schedule Assumptions 1. The schedule shall be equitably adjusted to account for delays that are outside of the Consultant’s control. 2. BNSF review timelines are taken from BNSF Railway – Union Pacific Railroad “Guidelines for Railroad Grade Separation Projects”. City review timelines are assumed to not exceed BNSF reviews and to occur concurrently with railroad review. 3. COVID has significantly impacted State and Federal agency permit review times, which can span three (3) to six (6) months. The City will lead environmental coordination and permitting. 4. BNSF coordination is required to further identify allowable track closure durations. The City will lead BNSF coordination and permitting. 5. The schedule is aggressive and will require design and/or construction contracting to proceed in parallel with permitting. The City and BNSF will procure the bridge during preparation of construction documents. Fee Estimate The proposed fee estimate by task is based on an estimate of time and material to complete the work described and is attached in Exhibit B1. Budget Assumptions 1. The budget shall be equitably adjusted to account for unforeseen permitting or railroad requirements. 2. All deliverables are electronic PDFs and physical hard copies are omitted. Printing and reproduction costs are excluded. 3. The project team can leverage prior site visit photos and publicly available imagery for design. No site visits or mileage expenses are included. City of Arlington May 2023 \\arlington\city\PW_Admin\Meetings\Council Meetings\2023\06-12-2023 (Workshop)\20230523-EST-A1_Prairie Creek Ph 2B SOW.xlsx Consor Prarie Creek Drainage Improvements Phase 2B Page 1 PRAIRIE CREEK DRAINAGE IMPROVEMENTS PHASE 2B CITY OF ARLINGTON, WASHINGTON PROPOSED FEE ESTIMATE - AMENDMENT NO. 1 LABOR CLASSIFICATION (HOURS) Principal Engineer I Engineering Designer VIII Professional Engineer III Principal Engineer I Professional Engineer VI Professional Engineer III Engineering Designer I Technician III Administrative III Hours Labor GeoEngineers Multiplier % Markup Total with Markup Expenses CADD Units $18/hr Total $254 $226 $182 $254 $211 $182 $160 $166 $132 $254 $226 $182 $254 $211 $182 $160 $166 $132 Palmer Bowers TBD McMurtrey Gardner Poland TBD TBD Hamlen-Gomez Task 2 - Final Design Task 2.3 - PS&E (90%)28.5 28.5 5,187$ -$ -$ -$ 5,187$ Task 2 Subtotal 0 0 0 0 0 28.5 0 0 0 28.5 5,187$ -$ -$ -$ -$ 5,187$ Task 5 - Bridge Project Management Task 5.1 - Overall Project Management 18 2 2 9 9 40 8,862$ -$ -$ -$ 8,862$ Task 5 Subtotal 18 2 2 9 0 0 0 0 9 40 8,862$ -$ -$ -$ -$ 8,862$ Task 6 - Bridge Enginering & Construction Documents Task 6.1 - Geotechnical Engineering 4 1 8 4 17 3,542$ 15,000$ 1.1 16,500$ -$ -$ 20,042$ Task 6.2 - Hydrology & Hydraulics 1 2 1 42 2 48 9,970$ -$ -$ 36$ 10,006$ Task 6.3 - Conceptual Design 16 4 16 2 32 2 2 74 14,104$ -$ -$ 324$ 14,428$ Task 6.4 - 60% Design 24 16 72 2 164 2 2 282 50,160$ -$ -$ 1,332$ 51,492$ Task 6.5 - 90% Design 24 10 40 2 80 156 28,944$ -$ -$ -$ 28,944$ Task 6.6 - 100% Design 16 8 12 2 24 62 12,404$ -$ -$ -$ 12,404$ Task 6 Subtotal 84 40 150 9 46 0 300 4 6 639 119,124$ 15,000$ 16,500$ -$ 1,692$ 137,316$ TOTAL - ALL TASKS 102 42 152 18 46 28.5 300 4 15 707.5 133,173$ 15,000$ 16,500$ -$ 1,692$ 151,365$ Average Billing Rate Estimated per Classification/Staff Staff Name Subconsultants City of Arlington Council Agenda Bill NB #2 Attachment June 20, 2023 Interlocal Agreement (ILA) with Arlington School District No. 16 for School Resource Officer (SRO) ILA with Arlington School District No. 16 for SRO DEPARTMENT OF ORIGIN Police; Peter Barrett, Lieutenant EXPENDITURES REQUESTED: $0 BUDGET CATEGORY: Police BUDGET AMMOUNT: LEGAL REVIEW: DESCRIPTION: (ASD) for law enforcement and related services provided through the assignment of a School Resource Officer (SRO). ASD will pay 100% of the SRO’s pay and benefits on a pro-rated basis for those days the officer is at the school or on school business for the period effective upon execution and shall expire no later than June 30, 2024. Additionally, ASD will cover up to four (4) days of approved leave per school year. The City and the Arlington School District entered into an interlocal agreement in June 2022 that expired at the end of June 2023. ALTERNATIVES: RECOMMENDED MOTION: I move to approve the Interlocal Agreement with the Arlington School District No. 16 for a School Resource Officer and authorize the Mayor to sign it. Inter-Local Agreement – School Resource Officer Arlington School District No. 16/City of Arlington Police Department INTER-LOCAL AGREEMENT Between ARLINGTON SCHOOL DISTRICT NO. 16 and CITY OF ARLINGTON POLICE DEPARTMENT THIS AGREEMENT, made and entered into this day of , 2023 by and between ARLINGTON SCHOOL DISTRICT NO. 16 (hereinafter referred to as “School District”) and the CITY OF ARLINGTON, acting through its POLICE DEPARTMENT (hereinafter referred to as the “Police Department”); WITNESSETH: WHEREAS, the School District and the Police Department desire to continue to provide law enforcement and related services to the public schools of the City of Arlington; and WHEREAS, the School District and the Police Department are mutually responsible for providing a safe environment within which students may receive appropriate instructional and educational services, which can be delivered more efficiently through the cooperative efforts of said partners to the benefits of public health, safety, and welfare; and WHEREAS, the School District and the Police Department agree that it is in the best interest to assign a School Resource Officer(s) to schools mutually agreed upon by both Parties; and WHEREAS, the School District and the Police Department have reviewed this Agreement within the last year using a process that involves parents, students, and community members. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the School District and the Police Department hereby agree as follows: ARTICLE I. PURPOSE The purpose of this Agreement is to develop a procedure that focuses on providing a safe and healthy environment for students and staff; to foster better relations between students and law enforcement personnel; to deter crime on or about school premises by the presence of a law enforcement officer; to enforce local, state, and federal laws; and to have law enforcement officers available for presentations to students, staff, and parents concerning law enforcement, school safety, and related law enforcement subjects. Inter-Local Agreement – School Resource Officer Arlington School District No. 16/City of Arlington Police Department ARTICLE II. POLICE DEPARTMENT’S RESPONSIBILITIES A. The Police Department agrees to: 1. Select a School Resource Officer (“SRO”), with input from the School District Superintendent or designee, based upon mutually agreed criteria. 2. Retain the authority and responsibility for training the SRO. By signing this Agreement, the Police Department confirms that any SRO assigned to the School District will, prior to serving in his or her capacity as an SRO, have received training sufficient to satisfy the mandate of RCW 28A.320.1242(1)(a)(iii), including training on the following topics: • Constitutional and civil rights of children in schools, including state law governing search and interrogation of youth in schools; • Child and adolescent development; • Trauma-informed approaches to working with youth; • Recognizing and responding to youth mental health issues; • Educational rights of students with disabilities, the relationship of disability to behavior, and best practices for interacting with students with disabilities; • Bias free policing and cultural competency, including best practices for interacting with students from particular backgrounds, including English learner, LGBTQ, immigrant, female, and nonbinary students; • Local and national disparities in the use of force and arrests of children; • Collateral consequences of arrest, referral for prosecution, and court involvement; • Resources available in the community that serve as alternatives to arrest and prosecution and pathways for youth to access services without court or criminal justice involvement; • De-escalation techniques when working with youth or groups of youth; • State law regarding restraint and isolation in schools, including RCW 28A.600.485; • The federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) requirements including limits on access to and dissemination of student records for non-educational purposes; and • Restorative justice principles and practices. 3. Provide yearly proof that all assigned SROs have received the training described in this section. 4. Respond to any violation of local, state, or federal laws, statutes, or ordinances on or adjacent to school property, within the City limits, or as permitted by mutual aid Inter-Local Agreement – School Resource Officer Arlington School District No. 16/City of Arlington Police Department agreements. 5. Provide an officer to the School District on all school days. If the assigned SRO will be out for an extended time, a reasonable attempt will be made to provide another appropriately trained officer in his/her absence. 6. Follow legally appropriate procedures prior to seeking access to student records or searching student property. 7. Respond, as soon as personnel levels permit, to reports of civil disorder or riots on School District property or at school functions within the City limits. 8. Maintain adequate records of the services set forth in this Agreement for a period of six years after completion of this Agreement. While the School District is in session, the Police Department shall provide a monthly written report to the School District that summarizes the SRO’s activities during the previous month. This report will include the information necessary for the School District to comply with the reporting requirements under RCW 28A.320.1241. 9. The Police Department has an existing personnel complaint policy (Arlington Police Department Policy 1010) that outlines the guidelines for the reporting, investigation, and disposition of complaints regarding the conduct of members of the Police Department. The Police Department will make this policy available to the School District. The Police Department will work with the School District in order to resolve any complaints which the School District may receive about a member of the Police Department. Additionally, individuals wishing to file complaints may directly contact the Police Department. B. School Resource Officer 1. The Police Department and the School District recognize the value of an SRO position. The SRO position will be assigned to schools as mutually agreed upon by both Parties. 2. The School District will pay 100% of the SRO’s pay and benefits, excluding overtime pay, on a pro-rated basis for those days the SRO is actually at the school or on school business for the period beginning September 1, 2023, and ending the last day of school in June 2024. Additionally, the School District will cover up to four (4) days of approved leave per school year. The School District will establish and maintain a budget for these expenses, in compliance with RCW 39.34.030(3)(d). 3. Each year, prior to the School District publishing its budget and in no event later than seventy-five (75) days prior to June 1, the Police Department will provide the School District with the anticipated cost of the SRO program for the upcoming year. 4. The Chief of Police or designee shall oversee the SRO assigned above, perform scheduled and unscheduled visits to the schools, and work with the School District in coordinating and developing the program. C. Regular Duty Hours of School Resource Officers 1. The SRO shall be assigned to the schools on a full-time basis during the school year and shall maintain regular duty hours totaling eight (8) hours per day, five (5) days per week, including at least each day the SRO’s assigned school is in session. Inter-Local Agreement – School Resource Officer Arlington School District No. 16/City of Arlington Police Department 2. School principals, while having no direct authority over the SRO, may request the SRO to assist in additional tasks that are mutually agreed upon by the principal and Chief of Police or designee and that do not violate the terms of this Agreement. D. Instructional Responsibilities for the School Resource Officer 1. The SRO shall act as an instructor or guest speaker for specialized, short-term programs when invited to do so by a principal or other School District staff. 2. The SRO shall make a variety of law - related presentations available to School District staff and students,. E. Additional Responsibilities of the School Resource Officer 1. The SRO shall coordinate programs and presentations with principals and concerned staff members and will seek permission, advice, and guidance prior to enacting any program within the school. These activities and programs shall be approved by the Chief of Police. 2. The SRO shall develop expertise in presenting various subjects to students. Such subjects shall include basic understanding of the Revised Code of Washington, the role of the police, and community policing. 3. The SRO shall encourage individual and small group discussions with students, based upon material presented in class, to further establish rapport with students. 4. When requested and approved by the Chief of Police or designee, the SRO shall attend parent/staff meetings to solicit support and understanding of the program, as well as to assist parents and staff members in law enforcement related problems involving students. 5. The SRO shall be available for student, parent, and staff member conferences in order to assist with solving problems of a law enforcement or crime-related nature. 6. The SRO shall become familiar with all community agencies that offer assistance to children, youth, and their families (e.g. mental health clinics, drug treatment centers, etc.). The SRO shall make referrals when appropriate. 7. The SRO shall assist principals in developing emergency plans and strategies to prevent and/or minimize dangerous situations and shall serve on the School District’s emergency management team. 8. Should it become necessary to conduct formal police interviews or investigations with students, the SRO shall adhere to all legal requirements, policies, and procedures established by law, the Police Department, and the School District. 9. The SRO shall give assistance to other law enforcement officers in matters regarding the SRO’s school assignment. 10. The SRO shall, whenever possible and approved by the Chief of Police or designee, participate in/attend school functions. 11. At a school administrator’s request, the SRO shall take appropriate law enforcement action against intruders and unwanted guests who may appear at Inter-Local Agreement – School Resource Officer Arlington School District No. 16/City of Arlington Police Department the school or related school functions, to the extent the SRO may do so under the authority of the law. The SRO may intervene immediately in the case of emergencies that threaten the safety of students or staff. 12. The SRO shall not act as a school disciplinarian and shall not become involved in formal school discipline situations that are the responsibility of school administrators. However, if a school administrator or teacher believes that a student involved incident is a violation of the law, poses an immediate and continuing danger to others, or poses an immediate and continuing threat of material and substantial disruption of the educational process, or in other emergency circumstances, the administrator or teacher may contact the SRO and the SRO shall then determine whether law enforcement action is appropriate. 13. As soon as practical, the SRO shall make school administrators aware of any law enforcement action he/she has taken. 14. The SRO is not to be used for regularly assigned lunchroom duty, bus duty, hall monitor, or other monitoring duties. The SRO is also not to be used as a crossing guard for continuing vehicle traffic control. However, if there is a temporary problem, the SRO may assist the school until the problem is resolved. 15. Per RCW 10.93.160, the SRO duties do not extend to immigration enforcement, and the SRO will not inquire into or collect information about an individual’s immigration or citizenship status, or place of birth. Neither will the SRO provide information pursuant to notification requests from federal immigration authorities for the purposes of civil immigration enforcement, except as required by law. 16. In all cases, the SRO shall utilize his/her training and experience to inform his/her decision as to when to informally interact with students to reinforce school rules and when to enforce the law. ARTICLE III. SCHOOL DISTRICT RESPONSIBILITIES A. The School District agrees to: 1. Determine what information shall be reported to the Police Department related to infractions of school rules or criminal activity on School District property or at school-related activities that are brought to the attention of a school administrator, subject to mandatory reporting laws, and notify the Police Department in compliance with the law. 2. Cooperate with police officials responding to a request for investigation of reported acts of violence or physical intimidation or possession of weapons on School District property or at school functions within the city limits of Arlington. 3. Permit law enforcement access to personal records of students when legally appropriate procedures are followed. 4. Permit free access to School District property for police responding to civil disorder or riot. 5. The School District shall provide to the full-time SRO the following materials and Inter-Local Agreement – School Resource Officer Arlington School District No. 16/City of Arlington Police Department facilities that are necessary to the performance of the SRO’s duties: a. Access to a heated and properly lighted private office, which contains a telephone with a separate private line that may be used for general business purposes. b. A location for files and records that can be properly locked and secured. c. A desk with drawers, a chair, and office supplies as needed. d. Access to a computer with Internet access. 6. The School District will annually submit a copy of this Agreement and the information required by RCW 28A.320.1241 to the Office of the Superintendent of Public Instruction. 7. At the end of each school semester, the principals from the schools served by the SRO shall provide written feedback about the SRO’s performance to the School District Superintendent, who shall then provide a summary of that information to the Police Department. The School District’s feedback shall be considered in the selection of the SRO, as required under RCW 28A.320.1242(1)(a)(ii). ARTICLE IV. AGREEMENT BETWEEN BOTH PARTIES A. Both the School District and the Police Department agree: 1. To work cooperatively to proactively address school security issues and to provide students, staff, and parents with quality law enforcement services and the safest learning environment possible. 2. To work cooperatively to develop and implement a process for families to file complaints with the School District and the Police Department related to the SRO and a process for investigating and responding to complaints. 3. To work cooperatively to provide for the annual collection and reporting of data regarding calls for law enforcement service and the outcome of each call, including student arrest and referral for prosecution, disaggregated by school, offense type, race, gender, age, and students who have an Individualized Education Program or plan developed under Section 504 of the Federal Rehabilitation Act of 1973. 4. That teachers and school administrators may ask the SRO to intervene if a student’s presence poses an immediate and continuing danger to others, or an immediate and continuing threat of material and substantial disruption of the educational process, or in other emergency circumstances consistent with School District Policies 3432 and 4311. SROs do not need to be asked before intervening in emergencies. 5. That the SRO is at all times an employee of the Arlington Police Department and will remain responsive to the chain of command of the Police Department. 6. That the SRO is a law enforcement officer and not a school administrator or employee. In all matters related to the performance of law enforcement functions, such as criminal incident investigations and on-campus arrests, the SRO shall be subject to all policies and procedures of the Police Department and applicable Inter-Local Agreement – School Resource Officer Arlington School District No. 16/City of Arlington Police Department local, state, or federal law. 7. No separate legal or administrative entity is being created to administer this Agreement. To the extent required by RCW 39.34.030, this Agreement shall be administered jointly by the Superintendent and the Police Chief. The Parties agree to follow the process set forth in Article VII to resolve differences between the Parties. 8. Nothing in this Agreement is intended to create any new legal duties between the Parties hereto and the public, or to alter any existing legal duties between the Parties and the public. 9. Indemnity. a. School District: The School District shall defend, indemnify, and hold harmless the Police Department and its officers, officials, employees, volunteers, and agents from any and all claims, injuries, damages, losses, or suits of any nature whatsoever, including attorney fees, relating to, arising out of, or resulting from the acts, errors, or omissions of the School District and its officers, employees, volunteers, or agents during the performance of this Agreement, except for claims, injuries, damages, losses, or suits caused by the acts, errors, or omissions of the Police Department. b. Police Department: The Police Department shall defend, indemnify, and hold harmless the School District and its officers, officials, employees, volunteers, and agents from any and all claims, injuries, damages, losses, or suits of any nature whatsoever, including attorney fees, relating to, arising out of, or resulting from the acts, errors, or omissions of the Police Department and its officers, employees, volunteers, or agents during the performance of this Agreement, except for claims, injuries, damages, losses, or suits caused by the acts, errors, or omissions of the School District. c. Concurrent Liability: In the event of liability for claims, injuries, damages, losses, or suits of any nature whatsoever caused by, or resulting from the concurrent negligence of the School District and the Police Department and their respective officers, officials, employees, volunteers, and agents, each Party’s liability hereunder, including the duty and cost to defend, shall be only to the extent of their own negligence. Each provision of this section has been mutually negotiated, and this section shall survive the expiration or termination of this Agreement. 10. Both Parties shall comply with all applicable federal, state, and local laws in performing this contract. 11. This Agreement represents the entire understanding of the Parties and supersedes any prior agreement and any oral representations that are inconsistent with or modify its terms and conditions. 12. This Agreement shall be interpreted in accordance with the laws of the State of Washington. The venue for any cause of action arising out of this Agreement shall be Snohomish County, Washington. ARTICLE V. TERM AND TERMINATION Inter-Local Agreement – School Resource Officer Arlington School District No. 16/City of Arlington Police Department This Agreement shall become effective upon execution and shall expire on June 30, 2024. This Agreement may be renewed for an additional term of one (1) year upon the written consent of the Parties; provided, however, that the Parties shall, prior to any renewal, review and adopt the Agreement using a process that involves parents, students, and community members, in compliance with the requirements set forth in RCW 28A.320. This Agreement is binding on each party’s successors and assigns. This Agreement may be terminated by either party upon thirty (30) days written notice that any other party has failed to substantially perform in accordance with the terms and conditions of this Agreement. This Agreement may be terminated without cause by either party upon ninety (90) days written notice. Termination of this Agreement may only be accomplished as provided herein unless otherwise agreed in writing. ARTICLE VI. NOTICES Whenever any party desires or is required by law to give notice unto the other party, notice shall be sent by certified mail or hand delivered to: Superintendent Arlington School District No. 16 315 N French Ave Arlington, WA 98223 Chief of Police City of Arlington 238 N Olympic Ave Arlington, WA 98223 ARTICLE VII. GOOD FAITH The Superintendent, the Chief of Police, their agents and employees agree to cooperate in good faith in fulfilling the terms of this Agreement. Unforeseen difficulties or questions will be resolved by negotiation between the Superintendent and the Chief of Police or their designees prior to referring issues to the elected officials of each party. ARTICLE VIII. MODIFICATION This Agreement constitutes the full understanding of the Parties and no terms, conditions, understandings, or agreements purporting to modify or vary the terms of this document shall be binding unless hereafter made in writing and signed by all Parties. ARTICLE IX. NON-ASSIGNMENT This Agreement, and each and every covenant herein, shall not be capable of assignment, unless the express written consent of the Superintendent and the Chief of Police, or their respective designees, is obtained. ARTICLE X. MERGER Inter-Local Agreement – School Resource Officer Arlington School District No. 16/City of Arlington Police Department This Agreement constitutes a final written expression of all terms of this Agreement and is a complete and exclusive statement of those terms, and shall supersede the Inter-Local Agreement executed by the Parties in 2022. Inter-Local Agreement – School Resource Officer Arlington School District No. 16/City of Arlington Police Department IN WITNESS WHEREOF, the Parties have caused the execution of this Agreement on the day, month, and year above first written. SCHOOL DISTRICT By: Dr. Chrys Sweeting, Superintendent Arlington School District No. 16 CITY OF ARLINGTON By: Barbara Tolbert, Mayor By: Jonathan Ventura, Chief of Police Date: Date: Date: City of Arlington Council Agenda Bill NB #3 Attachment June 20, 2023 Citizens’ Salary Review Commission Decision Citizens’ Salary Review Commission 2023 Decision as filed with City Clerk on April 21, 2021 Summary of Citizens’ Salary Review Commission 2021 Decision Administration/Human Resources; James Trefry 360-403-3443 EXPENDITURES REQUESTED: Additional $10,325 in 2024 for legislative salaries; impact unknown for Mayor's salary BUDGET CATEGORY: General Fund – Legislative and Executive BUDGETED AMOUNT: $10,325 – 2024 legislative salaries; budget impact unknown at this time – 2024 Mayor's salary LEGAL REVIEW: DESCRIPTION: filed its compensation decision with the Arlington City Clerk. The notice specifies changes to the Mayor and Council salaries on January 1, 2024, and January 1, 2025. Recommendations were also made for the Council to utilize monthly reports. The Arlington Citizens’ Salary Review Commission will meet again in 2025. The Arlington City Council established the Citizens’ Salary Review Commission in January 2015 to set the salaries and per diem reimbursements for the city’s elected officials. Since its formation, the Commission has focused its work on basing salaries and per diem reimbursement of elected officials on realistic standards so that elected officials of the city may be paid according to the duties of their offices, and so that citizens of the highest quality may be attracted to public service. ALTERNATIVES: No alternatives. By code, the decision of the Citizens’ Salary Review Commission is final and binding. Commission is final and binding. Summary of 2023 Citizens’ Salary Review Commission Changes Current 1/1/2024 1/1/2025 Mayor Salary $8,247.04/month The Mayor’s monthly salary shall be increased by 100% of the CPI-U June 2022 to June 2023 Seattle-Bellevue Index, with a minimum of 2.5%. The Mayor’s monthly salary shall be increased by 100% of the CPI-U June 2023 to June 2024 Seattle-Bellevue Index. City Council Member Salary $2,137.26/month The City Council member monthly salary shall be $2,200. The City Council member monthly salary shall be increased by 100% of the CPI-U June 2023 to June 2024 Seattle- Bellevue Index.