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125It7 `t t • <br /> ot'SC <br /> Sharon Marks <br /> From: David Hall <br /> Sent: Tuesday, January 24, 2012 4:37 PM <br /> To: DL-Council <br /> Cc: Mayor Stephanson; Deb Williams; Debra Bryant; Sharon Marks; Tam Moen <br /> Council President Gibson has agreed to allow a time sensitive matter that is not on the agenda to be <br /> presented to Council tomorrow for consideration and action under City Attorney comments. David <br /> Hall will give a brief presentation under City Attorney comments requesting Council authorization to <br /> participate in a coalition of Washington cities that will attempt to intervene in a lawsuit filed last month <br /> (attached). <br /> Allan Giffen briefed the Council several months ago on a previous lawsuit involving National Wildlife <br /> Federation (NWF) and Federal Emergency Management Agency (FEMA). Allan explained the <br /> Planning Department's proposal to use one of three methods for processing applications for <br /> development in the floodplain that FEMA developed to comply with the endangered species act as a <br /> result of that lawsuit. A new lawsuit was recently filed regarding this matter which would likely <br /> foreclose that alternative, require FEMA to reevaluate its program, and prohibit flood insurance for <br /> new development until FEMA makes additional changes. <br /> A number of cities are looking to form a coalition to represent the cities' interest in this new lawsuit <br /> (approximately 12). Because cities are not named as parties, they must receive the court's <br /> permission to participate, by filing a motion to intervene. The coalition must file its motion to intervene <br /> this week. The City received the attached interlocal agreement today, thus the short timeline. The <br /> City Attorney's Office along with our Planning Department recommend the City's participation in this <br /> lawsuit and believes the coalition provides a cost-effective way to participate in the lawsuit. We will <br /> be asking that Council authorize the Mayor to execute an interlocal agreement in substantially the <br /> same form as attached. <br /> David C. Hall <br /> Deputy City Attorney <br /> City of Everett <br /> 2930 Wetmore Avenue, Suite 10 B <br /> Everett, Washington 98201 <br /> cattail O.L.ererret met.ius <br /> IF4; <br /> preliminary-injunctic NWF v FEMA <br /> n-motion.... I NTERLOCAL.DOCM <br /> 1 <br />