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HomeMy WebLinkAbout3376RESOLUTION NO. 3 3 7 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY AND THE OTHER PARTICIPATING JURISDICTIONS WITHIN THE GREEN/DUWAMISH WATERSHED RESOURCE INVENTORY AREA (WRIA 9) FOR THE PURPOSE OF PARTICIPATING IN THE JOINT FUNDING, DEVELOPMENT, REVIEW AND APPROVAL OF WRIA BASED WATERSHED PLANS. WHEREAS, RCW 39.34 establishes the authority for cities and counties to enter into interlocal agreements as necessary to work together when an issue requires a joint action of all parties concerned; and WHEREAS, the parties within the Green/Duwamish Watershed have determined that development of a watershed based recovery plan is best accomplished with the participation and governance of all affected jurisdictions within the basin on a voluntary basis; and WHEREAS, Resolution No. 3276, adopted by Auburn City Council on November 6, 2000, authorized the Mayor to execute an interlocal agreement between the City and other participating jurisdictions within the Green/Duwamish WRIA 9; and WHEREAS, the First Amendment to the Interlocal Agreement is required to facilitate the following: Resolution No. 3376 July 12, 2001 Page 1 · The addition of the City of Tacoma as a new participant, which has a major interest in the upper Green River Basin, as a party to the ILA of the WRIA 9 Forum to participate in preparing a watershed based recovery plan for salmonids listed under the Endangered Species Act. · The transfer of Vashon Island (along with its monetary contribution) from WRIA 15 to WRIA 9. · Changing the number of Forum Management Committee members from five to seven, thus allowing participation of two additional small cities. · The selection of an official alternative representative from each city, which may be an elected official or a senior staff member. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. The Mayor of the City of Auburn is herewith authorized to execute the First Amendment to the Interlocal Agreement between the City and the other participating jurisdictions within WRIA 9 (Green/Duwamish basin). A copy of said Agreement is attached hereto and denominated as Exhibit "A" and incorporated by reference in this Resolution. Resolution No. 3376 July 12, 2001 Page 2 Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. DATED and SIGNED this ~ ~ day of August, 2001. CHARLES A. BOOTH MAYOR ATTEST: bani"etle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Resolution No. 3376 July 12, 2001 Page 3 FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT For the Watershed Basins within Water Resource Inventory Area 9 This First Amendment to the Interlocal Agreement for the Watershed Basins within Water Resource Inventory Area (WRIA) 9, which was entered into by the County of King and the Cities and Towns of AIgona, Auburn, Burien, Covington, Des Moines, .Enumclaw, Federal Way, Kent, Maple Valley, Normandy Park, Renton, SeaTac, Seattle, and Tukwila ("Agreement"), amends the terms of the Agreement to provide for changes as desired by the parties to the Agreement, that include: 1) to allow for the addition of the City of Tacoma, which has a major interest in WRIA 9, as a party to the Agreement; 2) to change the number of members of the WRIA 9 Forum Management Committee from five to seven members; 3) to allow for each party to name, as an alternate to its named elected official, a senior staff member or other elected official as its representative to the WRIA 9 Forum; 4) to provide for an additional financial contribution to be made by King County to account for the addition of Vashon/Maury Islands to the WRIA 9 Forum activities and planning efforts. This First Amendment is effective upon execution by all of the parties to the Agreement and may be executed in counterparts. The Agreement is hereby amended by substituting the text provided below for each of the identified sections (underlining of text indicates a textual change, and is not to be considered as part of the amended text): 1. The Preamble to the Agreement is amended to read as follows: This agreement ("Agreement") is entered into pursuant to Chapter 39.34 RCW by and among the eligible county and city governments signing this agreement that are located in King County or Pierce County and lie wholly or partially within or have a maior interest in the management area of Watershed Resource Inventory Area ("WRIA") 9, which includes all or portions of the Green- Duwamish and Central Puget Sound forums, all pol!tical subdivisions of the State of Washington (collectively, for those signing this agreement, "parties"). The parties share interests in and responsibility for addressing long-term watershed planning and conservation for the watershed basins in WRIA 9 and wish to provide for planning, funding and implementation of various activities and projects therein.. 2. Section 1.1 is amended to read as follows: ELIGIBLE COUNTY AND CITY GOVERNMENTS: The governments eligible for participation in this Agreement as parties are the County of King, and the Cities of Algona, Aubum, Black Diamond, Burien, Covington, Des Uoines, Enumclaw, Federal Way, Kent, Maple Valley, Normandy Park, Renton, SeaTac, Seattle, Tacoma and Tukwila. 3. Section 1.6 is amended to read as follows: MANAGEMENT COMMITTEE: Management Committee as referred to herein consists of seven (7) elected officials or their designees which elected officials are chosen by the WRIA 9 Forum, according to the voting procedures in Section 5, charged with certain oversight and administrative duties on the WRIA 9 Forum's behalf. 7/2/01 4:17 PM 1 4. Section 4 is amended to read as follows: ORGANIZATION AND NATURE OF WRIA 9 FORUM. The parties to this Agreement hereby establish a governing body for WRIA 9 and the Green-Duwamish watershed basin and associated Puget Sound drainages (hereinafter the "WRIA 9 Forum," the precise boundaries of which are established in Chapter 173-500 WAC, or as determined by the WRIA Forum) to serve as the formal governance structure for carrying out the purposes of this Agreement. Each party to the agreement shall appoint one (1) elected official to serve as its representative on the WRIA 9 Forum. The parties shall also appoint an alternate representative who may be a different elected official or senior staff person. The WRIA 9 Forum is a voluntary association of the county and city governments located wholly or partially within the management area of or having a maior interest in WRIA 9 and the Green-Duwamish watershed basin and associated Puget Sound drainages who choose to be parties to this Agreement. 5. Section 4.1 is amended to read as follows: Upon the effective execution of this agreement and the appointment of representatives to the WRIA 9 Forum, the WRIA 9 Forum shall meet and choose from among its members, according to the provisions of Section 5, seven (7) elected officials or their designees, to serve as a Management Committee to oversee and direct the funds and personnel contributed under this Agreement, in accordance with the adopted annual budget and such other directions as may be provided by the WRIA 9 Forum. Representatives of the Fiscal Agent and Service Provider may serve as non-voting ex officio members thereof. The Management Committee shall act as an executive subcommittee of the WRIA 9 Forum, responsible for oversight and evaluation of any Service Providers or consultants, administration of the budget, and for providing recommendations on administrative matters to the WRIA 9 Forum for action, consistent with other subsections of this section. 6. Section 4.2.2 is amended to read as follows: The WRIA 9 Forum Shall by September 1 of each year establish and approve an annual budget establishing the level of funding and total resource obligations of the parties which are to be allocated on a proportional basis based on the average of the population, assessed valuation and area attributable to each party to the Agreement, in accordance with the formula set forth in Exhibit A-l, which formula shall be updated annually by the WRIA 9 Forum as more current data becomes available. Tacoma's cost share will be determined on an annual basis by the parties and will be documented on the annual updates to Exhibit A-I. The weiqht accorded Tacoma's vote for weighted voting-pursuant to Agreement section 5 shall correspond to Tacoma's cost share for each year relative to the cost shares contributed by the other parties. 7. Section 6.4 is amended to read as follows: After approval of the plan by the WRIA g Forum, the plan shall be referred to the parties to this Agreement for ratification prior to the plan's submission to any federal or state agency for further action. Ratification means an affirmative action, evidenced by a resolution or ordinance of the jurisdiction's legislative body, by at least five jurisdictions'representing at least seventy percent (70%) of the total population within the geographic area of WRIA 9 as defined in Chapter 173-500 WAC. Upon ratification, the WRIA 9 Forum shall transmit the WRIA.based Watershed Plan to any state or federal agency as may be required for further action. 7/2/01 4:17 PM 2 8. Section 7.2 is amended to read as follows: The maximum funding responsibilities imposed upon the parties during the first year of this Agreement shall not exceed the amounts set forth in Exhibit A-l, which shall be updated annually as described in Section 4.2.2. 9. Section 8 is amended to read as follows: A county or city government in King County lying wholly or partially within the management area of or with a major interest in WRIA 9 and the Green-Duwamish watershed basin and adjacent Puget Sound drainage which has not become a party to this Agreement within twelve (12) months of the effective date of this Agreement may become a party only with the written consent of all the parties. The provisions of Section 5 otherwise governing decisions of the WRIA 9 Forum shall not apply to Section 8. The parties and the county or city seeking to become a party shall jointly determine the terms and conditions under which the county or city may become a party. These terms and conditions shall include payment by such county or city to the parties of the amount determined jointly by the parties and the county or city to represent such county or city's fair and proportionate share of all costs associated with activities undertaken by the WRIA g Forum and the parties on its behalf as of the date the county or city becomes a party. Any county or city that becomes a party pursuant to this section shall thereby assume the general rights and responsibilities of all other parties to this Agreement. 10. Exhibit A-l, attached to this First Amendment, is hereby substituted for Exhibit A to the Agreement, and is incorporated therein and made a part thereof. IN WITNESS WHEREOF, this First Amendment is executed by the entities so signing on the dates indicated below: Approved as to form: TOWN OF ALGONA By:. By: Title: Title: Date:' Date: Date: CITY OF AUBURN c..-~ Title: Mayor Date: August 6, 2001 7/2/01 4:17 PM 3 Approved as to form: By:. Title: Date: Approved as to form: By: Title: Date: Approved as to form: By: Title: Date: Approved as to form: By:, Title: Date: Approved as to form: 'By: Title: Date: CITY OF BLACK DIAMOND By: Title: Date: CITY OF BURIEN By:, Title: Date: CITY OF COVINGTON By: Title: Date: CITY OF DES MOINES By: Title: Date: CITY OF ENUMCLAW By:. Title: Date: 7/2/01 4:17 PM 4 Approved as to form: By: Title: Date: Approved as to form: By: Title: Date: Approved as to form: By: Title: Date: Approved as to form:- By: Title: Date: · Approved as to form: By: Title: Date: CITY OF FEDERAL WAY By:. Title: Date: CITY OF KENT By:, Title: Date: KING COUNTY By: Title: Date: CITY OF MAPLE VALLEY By: Title: Date: CITY OF NORMANDY PARK By:, Title: Date: 7/2/01 4:17 PM 5 Approved as to form: By: Title: Date: Approved as to form: By:, Title: Date: Approved as to form: By: Title: Date: Approved as to form: By:. Title: Date: Approved as to form: By:, Title: Date: CITY OF RENTON By:, Title: Date: CITY OF SEATAC By: Title: Date: CITY OF SEATTLE By: Title: Date: CITY OF TACOMA By: Title: Date: CITY OF TUKWlLA By: Title: Date: 7/2/01 4:17 PM 6