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Resolution No. 2008-21

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City Council meeting minutes of August 4 2008

RESOLUTION NO. 2008-21

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEWOOD, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH PIERCE COUNTY, WASHINGTON, THEREBY AMENDING THE INTERLOCAL AGREEMENT AS RECOMMENDED BY THE PIERCE COUNTY REGIONAL COUNCIL

WHEREAS, the Pierce County Regional Council (PCRC) was created in 1992 by interlocal agreement among the cities and towns of Pierce County and Pierce County, and charged with responsibilities, including: serving as a local link to the Puget Sound Regional Council (PSRC), promoting intergovernmental cooperation, facilitating compliance with the coordination and consistency requirements of the Growth Management Act (GMA) and the Regional Transportation Planning Organization (Chapter 47.80 RCW), and developing a consensus among jurisdictions regarding the development and modification of the Pierce County Countywide Planning Policies; and

WHEREAS, the PSRC has specific responsibilities under federal and state law for transportation and growth management planning; and

WHEREAS, the PSRC has adopted the VISION 2040 plan as the growth management, environmental, economic and transportation vision for the central Puget Sound region; and

WHEREAS, VISION 2040 provides a common framework for the region?s Metropolitan Transportation Plan and Regional Economic Strategy, as well as countywide planning policies and local comprehensive plans, and serves as the regional planning policies; and

WHEREAS, the PSRC allocates federal transportation funding to central Puget Sound counties, cities, and towns for projects that are consistent with the adopted regional plan; and

WHEREAS, VISION 2040 identifies a set of regional growth and manufacturing/industrial centers, and the PSRC has set forth criteria for designating regional centers; and

WHEREAS, the regional centers concept forms a foundation for the policy framework that guides the distribution of federal transportation funding; and

WHEREAS, the Pierce County Countywide Planning Policies address regional centers; and

WHEREAS, a consistency review between the PSRC regional center criteria and the Pierce County Countywide Planning Policies has been conducted; and

WHEREAS, the proposed amendments ensure consistency between the PSRC regional center criteria and the Pierce County Countywide Planning Policies; and

WHEREAS, the PCRC conducted negotiations in open public meetings during 2007 and 2008 to address substantive policy changes necessary to respond to the need for consistency between the Pierce County Countywide Planning Policies and the VISION 2040 regional planning policies; and

WHEREAS, the PCRC subsequently recommended adoption of the proposed amendments to the Interlocal Agreement on February 21, 2008, which address policy updates; and

WHEREAS, amendments to the Pierce County Countywide Planning Policies must be adopted through amendment of the original interlocal agreement or by a new interlocal agreement ratified by sixty percent (60%) of the cities, towns and County government representing seventy-five percent (75%) of the population within Pierce County; and

WHEREAS, the proposed amendments to the interlocal agreement are not subject to SEPA review in accordance with WAC 197-11-800(20), procedural actions; and

WHEREAS, the City Council of the City of Lakewood finds that it is in the public interest to authorize the City Manager to execute the amended Interlocal Agreement, attached hereto as Exhibit A;


NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEWOOD, WASHINGTON, DO RESOLVE AS FOLLOWS:

Section 1. The City Manager is hereby authorized to execute the interlocal agreement, attached hereto as Exhibit A and by this reference incorporated herein, thereby ratifying the attached amendments to the interlocal agreement as recommended by the Pierce County Regional Council.

ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKEWOOD THIS _______ DAY OF _____________________, 2008.

CITY OF LAKEWOOD

_______________________________

Douglas G. Richardson, Mayor

Attest:

_______________________________

Alice M. Bush, MMC, City Clerk

Approved as to Form:

_______________________________

Heidi Ann Wachter, City Attorney


Exhibit A to Resolution No. ________

INTERLOCAL AGREEMENT

CREATION OF AN INTRACOUNTY ORGANIZATION

This agreement is entered into by and among the cities and towns and special purpose district(s) of Pierce County and Pierce County. This agreement is made pursuant to provisions of the Interlocal Cooperation Act of 1967, Chapter 39.34 RCW. This agreement has been authorized by the legislative body of each jurisdiction pursuant to formal action and evidenced by execution of the signature page of this agreement.

I. NAME:

The name of the organization will be the Pierce County Regional Council (PCRC).

II. MISSION:

The Pierce County Regional Council is created to promote intergovernmental cooperation on issues of broad concern, and to assure coordination, consistency, and compliance in the implementation of State law covering growth management, comprehensive planning, and transportation planning by county government and the cities and towns within Pierce County. It is the successor agency to the Growth Management Steering Committee and serves as the formal, multi-government link to the Puget Sound Regional Council.

III. CREATION:

This agreement shall become effective when sixty percent (60%) of the cities, towns and county government representing seventy-five percent (75%) of the population within Pierce County become signatories to the agreement. The agreement may be terminated by vote of two or more legislative bodies collectively representing sixty percent (60%) of the population within Pierce County.

IV. MEMBERSHIP AND REPRESENTATION:

A. Membership is available to all cities and towns within Pierce County, the Port of Tacoma, and Pierce County.

B. Associate membership is available to such nonmunicipal governments as transit agencies, tribes, federal agencies, state agencies, school districts, and other special purpose districts as may be interested. Associate members are non-voting.

C. The General Assembly of the PCRC shall be comprised of all elected officials from the legislative authorities and the chief elected executive official of the member cities, towns, and county government. Associate members and staff from the various jurisdictions shall be encouraged to participate in General Assembly meetings, but without a vote.

D. The PCRC Council shall be comprised of representatives from member jurisdictions as follows: four (4) representatives from Pierce County including the County Executive and three members of the County Council; three (3) representatives from the City of Tacoma; two (2) representatives from the City of Lakewood, City of Puyallup, and City of University Place; and one (1) representative from each of the remaining jurisdictions. Each representative shall have one vote.

E. One representative from the Puyallup Tribal Council, one representative from Pierce Transit, and one representative of WSDOT District 3 will be ex officio, non-voting members of the Council. At its discretion, the Council may create additional ex officio, non-voting positions from among other associate members.

V. GENERAL ORGANIZATION:

A. Structure

1. Organization: The PCRC shall be organized into a General Assembly; a Council; an Executive Committee; and other such task forces and committees as established by the Council.

2. Members: Pierce County, the Port of Tacoma and each city or town in Pierce County shall be a member upon adoption of the Interlocal Agreement, provided however, a city or town partially located in Pierce County and partially in any other county must have a population of at least 500 persons or 500 employees in Pierce County before obtaining full voting privileges.

3. Ex Officio Associate Members: The Puyallup Tribal Council, Pierce Transit, and WSDOT District 3 shall be ex officio associate members. Ex officio associate members may each provide a representative to serve as a non-voting member of the Council.

4. Other Associate Members: Other non-municipal governments such as federal agencies, other state agencies, other tribes, school districts and other special purpose districts may become associate members upon approval of the Council. Associate members are non-voting.

5. The organization will utilize a calendar year for purposes of terms of office of members of the Executive Committee, Council, and the work program.


B. Council

1. The Council shall carry out all powers and responsibilities of the organization between meetings of the General Assembly. The Council may take action when a quorum is present. One-third of the voting members shall constitute a quorum. Except as specified in the By-laws, actions voted upon shall be approved by simple majority vote of the quorum. The By-laws shall provide for special voting processes and the circumstances when such processes are to be used.

2. A Chair and Vice Chair shall be selected by the Council from among its voting members. The Chair and Vice Chair shall serve for one-year terms and shall constitute the Executive Committee.

3. The Executive Committee shall establish a regular meeting time and place for Council meetings. Meetings shall be conducted in accordance with the Open Public Meetings Act (Chapter 42.30 RCW).

4. Committees or task forces shall be established as required and may utilize citizens, elected officials and staff from the member jurisdictions in order to enhance coordination and to provide advice and recommendations to the Council on matters of common interest including, but not limited to, planning, transportation, and infrastructure.

C. General Assembly

1. The General Assembly shall meet at least annually and may hold additional meetings as needed. The General Assembly may take action when a quorum is present. Thirty percent (30%) of the voting members representing a majority of the various jurisdictions shall constitute a quorum. Except as specified in the By-laws, actions voted upon shall be approved by a simple majority vote of the quorum. The By-laws shall provide for special voting processes and the circumstances when such processes are to be used.

2. The Executive Committee shall serve as Chair and Vice Chair of the General Assembly.

3. The General Assembly shall adopt an annual work program.

4. The General Assembly meetings shall be conducted in accordance with the Open Public Meetings Act (Chapter 42.30 RCW).


VI. FUNCTIONS AND AUTHORITY:

A. The Pierce County Regional Council will:

1. Promote intergovernmental coordination within Pierce County.

2. Facilitate compliance with the coordination and consistency requirements of the state growth management laws.

3. Provide a forum to promote cooperation among and/or between jurisdictions with respect to urban growth boundaries, comprehensive plan consistency, development regulations, siting of facilities, highway, rail, air and water transportation systems, solid waste issues and other area of mutual concern.

4. Develop consensus among jurisdictions regarding review and modification of Countywide Planning Policies.

5. Serve as the formal, multigovernment link to the Puget Sound Regional Council.

6. Develop recommendations, as required, for distribution of certain federal, state, and regional funds.

7. Provide educational forums on regional issues.

8. Make recommendations to federal, state, and regional agencies on plans, legislation, and other related matters.

9. Serve as the successor organization to the Growth Management Steering Committee which developed the Countywide Planning Policies, and complete such tasks as may have been begun by the Steering Committee, including the following responsibilities:

a. develop model implementation methodologies;

b. assist in the resolution of jurisdictional disputes;

c. provide input to joint planning issues in Urban Growth Areas;

d. provide input in respect to countywide facilities;

e. advise and consult on policies regarding phased development, short plats, vested rights and related issues;

f. review and make a recommendation to Pierce County on the respective location of Urban Growth Area boundaries;

g. make a recommendation to Pierce County regarding dissolution of the Boundary Review Board;

h. monitor development, including population and employment growth; and

i. provide advice and consultation on population disaggregation.

B. The organization shall adopt by-laws to govern its proceedings. By-laws shall be adopted by the Council and shall be in effect unless contrary action is taken by the General Assembly.

C. Nothing in this agreement shall restrict the governmental authority of any of the individual members.

VII. AMENDMENTS:

Amendments to this agreement may be proposed by any member of the Council and shall be adopted by affirmative resolution of the individual legislative bodies of sixty percent (60%) of the member jurisdictions representing seventy-five percent (75%) of the population of Pierce County.

VIII. SEVERABILITY:

If any of the provisions of this agreement are held illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

IX. FILING:

A copy of this agreement shall be filed with the County Auditor, each city/town clerk, the Secretary of State, and the Washington State Department of Community Trade and Economic Development.

IN WITNESS WHEREOF, this agreement has been executed by each member jurisdiction as evidenced by signature pages affixed to this agreement.


INTERLOCAL AGREEMENT

CREATION OF AN INTRACOUNTY ORGANIZATION

Signature Page

IN WITNESS WHEREOF, this agreement has been executed by the City of Lakewood

BY: ____________________________________________

Andrew E. Neiditz, City Manager

DATE: _________________________________________

Approved:

BY: ____________________________________________

Douglas G. Richardson, Mayor

Approved as to Form:

BY: ____________________________________________

Heidi Ann Wachter, City Attorney

Attest:

BY: ____________________________________________

Alice M. Bush, MMC, City Clerk