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HomeMy WebLinkAbout3934RESOLUTION NO. 3934 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXCUTE AN AMENDMENT TO AN INTERLOCAL AGREEMENT WITH PIERCE COUNTY AND THE CITIES AND TOWNS OF PIERCE COUNTY RELATING TO THE CREATION OF AN INTRACOUNTY ORGANIZATION, AS RECOMMENDED BY THE PIERCE COUNTY REGIONAL COUNCIL 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 cities and towns of Pierce County and Pierce County adopted an interlocal agreement creating the Pierce County Regional Council (PCRC) in 1992, and charged the PCRC with responsibilities including: serving as a local link to the Puget Sound Regional Council, promoting intergovernmental cooperation, facilitating compliance with the coordination and consistency requirements of the Growth Management Act (Chapter 36.70A RCW) and the Regional Transportation Planning Organization (Chapter 47.80 RCW), and developing a consensus among jurisdictions regarding the development and modification of the Countywide Planning Policies; and WHEREAS, the City of Auburn is a member of the Pierce County Regional Council; and WHEREAS, amendments to the Interlocal agreement creating the intra- county organization known as the Pierce County Regional Council have been identified; and WHEREAS, on October 20, 2005 the Pierce County Regional Council recommended adoption of proposed amendments to the interlocal agreement relating to the creation of an intra-county organization; and, WHEREAS, amendments to the interlocal agreement must be ratified by sixty percent of the jurisdictions in Pierce County representing seventy-five percent of the total population; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. The Mayor and the City Clerk of the City of Auburn are hereby authorized to execute amendments to an interlocal agreement related to the creation of an intra-county organization known as the Pierce County Regional Council. A copy of said amendments is attached hereto, designated as Exhibit "A" and incorporated by reference in this Resolution. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this resolution shall take effect and be in full force upon passage and signatures hereon. DATED and SIGNED this ~ day of November 2005. CIT O PETER B. LEWIS, MAYOR ATTEST: ~ ~ ~~~ Danielle E. Daskam, City Clerk APP,F~D,VED/PTO FORM: Daniel B. Hey City Attorney Exhibit A INTERLOCAL AGREEMENT CREATION OF AN INTRACOUNTY ORGANIZATION This agreement is entered into by and among the cities and towns of Pierce County and Pierce County. This agreement is made pursuant to provisions of the Interlocal Cooperation Act of 1967, Chapter 39.30 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: 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, and Pierce County. B. Associate membership is available to such nonmunicipal governments as transit agencies, tribes, federal agencies, state agencies, ~^~* ~~~*'~^r~*~°~, school districts, and other special purpose districts as may be interested. Associate members are non-voting. Exhibit A Page 1 of 6 C. The General Assembly of the e~;~m~atie~ ° ~ =`C~ shall be comprised of all elected a {~. 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. each of the remaining jurisdictions. Each representative shall have one vote. E. One representative from the Puyallup Tribal Council, D^,~ ^~T°°^.,.,° r^ ,one representative from Pierce Transit, and one representative of WSDOT District 3 will be ex officio, non-voting members of the ~v°,."+'"° `'^""";`+°° At its discretion, the ~°°°•,+:•,° r^--,-,,:**°° may create additional ex officio, non-voting positions from among other t~ssociate members. ~~ V. GENERAL ORGANIZATION: A. Structure 1. 2. Exhibit A Page 2 of 6 The „~~:.'e ~~=un=I«~ e~;~ien ~ 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 Thn-nrenni~~t~o~ ~1.,°11 ' + ~ !~ 1 A t,t ~ +' ___., .,~b...~..,...........,....,.....,.~.~~ .,_ ~ ~v=~ , 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38' 39 40 41 42 43 44 45 46 47 48 The organization will utilize a calendar year for oses of terms of office of members of the Executive Committee and the work program. The - shall carry out all powers and responsibilities of the organization between meetings of the General Assembly. The ~xc;~„~~ may take action when a quorum is present. One-third of the voting members shall constitute a quorum. Except as specified in the -laws, actions voted upon shall be approved by simple majority vote of the quorum. The -laws shall provide for special voting processes and the circumstances when such processes are to be used. 2. A presto and 'ce shall be selected by the ~°°^"*'"° r„n,.,,:,~°° from among its voting members. The p~ and ice p~ shall serve for one-year terms 3. The Executive Committee shall establish a regular meeting time and place for Council meetings. ~ ,e:,~t::L~oZ~~ etings shall be conducted in accordance with the Open Public Meetings Act (1?~£~ 42.30 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 rovide advice and recommendations to the ~°°°••*~~•° r~.`„~.:** ° on matters of common interest including, but not limited to, planning, transportation, and infrastructure. C. General Assembly 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 -laws, actions voted upon shall be Exhibit A Page 3 of 6 approved by a simple majority vote of the quorum. The -laws shall provide for special voting processes and the circumstances when such processes are to be used. 4 The Y:~~...,...~ w.....~ic~ Ya° "°"+ ""'' ' " ~'`' ~+'' Executive Committee shall serve as pmt and 'ce pmt 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 (1~V~ 42.30 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 la 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 ountywide arming licies. 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 untywide arming licies, and complete such tasks as may have been begun by the Steering Committee, including the following responsibilities: a. develop model implementation methodologies; Exhibit A Page 4 of 6 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 right 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 roceedings. By-laws shall be adopted by the ~°°....~..~.. ~~~~~~~~ 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 ~~ ~?~ and shall be adopted by affirmative resolution ~~*'~° ~v°°••*~~~° 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 a~ each city/town rk the Secretary of State, and the Washington State Department of Community c e ,~ 'Development. IN WITNESS WHEREOF, this agreement has been executed by each member jurisdiction as evidenced by signature pages affixed to this agreement. Exhibit A Page 5 of 6 1 2 3 4 5 6 7 8 9 10 11 12, 13~~ 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 INTERLOCAL AGREEMENT CREATION OF AN INTRACOUNTY ORGANIZATION Signature Page The legislative body of the undersigned jurisdiction has authorized execution of the Interlocal Agreement, Creation of an Intracounty Organization. IN WITNESS WHEREOF This agreement has been executed by CITY of AUBURN e City/To County) _._. BY: ---~~~ (Mayor xecutive) DATE: IV~V 2 1 2005 Approved: BY: Apps BY: Approved: BY: Exhibit A Page 6 of 6 (Director/Manager/Chair of County Council) * , CITY OF V BU~~~.1 ~I Peter B. Lewis, Mayor WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000 November 23, 2005 PIERCE CCUNTY pL4NNINC Pierce County Regional Council & LAND SERVICES c/o Ms. Paula Manning Pierce County Planning and Land Services ~~~ ~ ~ 2005 2401 South 35t" Street, Room 228 Tacoma, Washington 98409 PIERCE COUNTY SUBJECT: City of Auburn Resolution No. 3934 -PCRC Interlocal Agreement Dear Ms. Manning: At its November 21, 2005 regular meeting the Auburn City Council approved Resolution No. 3934 authorizing the Mayor and City Clerk to execute an amendment to an Interlocal Agreement with Pierce County and the cities and towns of Pierce County. Two signed copies of Resolution No. 3934 and the signed Interlocal agreement are enclosed. Upon signature by the appropriate party(ies) at Pierce County, please forward a copy of the Interlocal agreement to the City of Auburn City Clerk's office for our records. You may send the fully signed Interlocal agreement to: " Ms. Dani Daskam, City Clerk City of Auburn 25 West Main Street Auburn, Washington 98001 As always, thank you very much for your assistance. Please contact me at (253) 804- 5034 should you have questions. Sincerely, a' David Osaki Community Development Administrator Enclosures. cc: Councilmember Gene Cerino, City of Auburn PCRC Representative (w/o enclosures) Dani Daskam, City Clerk, City of Auburn (w/o enclosures) AUBUR[~T '~ MORE THAN YOU IMAGINED 1 Sponsored by: Councilmember Calvin Goings File No. 450 2 Requested by: County Executive/Planning and Land Services 3 4 5 RESOLUTION NO. R2006-8 6 T s A Resolution of the .Pierce County Council Authorizing the Pierce County 9 Executive to Execute an Interlocal Agreement with the Cities 1o and Towns of Pierce County, Thereby Amending the 11 Interlocal Agreement as Recommended by the Pierce County 12 Regional Council 13 14 Whereas, on January 31,.1995, the Pierce County Council passed Resolution 15 No. R95-17 affirming the commitment of the County to continue discussions with other 1s local jurisdictions to resolve implementation of the Growth Management Act; and 17 1s Whereas, the Pierce County Regional Council was created in 1992 by Interlocal 19 agreement among the cities and towns of Pierce County and Pierce County, and 20 charged with responsibilities, including: serving as a local link to the Puget Sound 21 Regional Council, promoting intergovernmental cooperation, facilitating compliance with 22 the coordination and consistency requirements of the Growth Management Act and the 23 Regional Transportation Planning Organization (Chapter 47.80 RC1l~, and developing a 24 consensus among jurisdictions regarding the development and modification of the 25 Countywide Planning Policies; and 26 27 Whereas, the Pierce County Regional Council conducted negotiations in open 28 public meetings during 2003 and 2004 to address substantive policy changes necessary 29 to respond to current issues related to the coordination and consistency with the Growth 3o Management Act; and 31 32 Whereas, the Pierce County Regional Council subsequently recommended 33 adoption of the proposed amendments to the Interlocal Agreement on May 19, 2005, 34 which address policy updates; and 35 36 Whereas, amendments to the Interlocal Agreement must be adopted through 37 amendment of the original Interlocal Agreement or by a new Interlocal Agreement and 38 will become effective when sixty percent (60%) of the cities, towns and County 3s government representing seventy-five percent (75%) of the population within Pierce 4o County become signatories to the agreement; and 41 Resolution No. R2006-8 Pierce County Council Pa e 1 of 2 930 Tacoma Avenue South g Tacoma, WA 96402 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16' 17 18 19 20 21 22 23 24 25 26 27 28 29 30 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, after a properly noticed public hearing, the Community Development Committee of the County Council considered oral and written testimony and forwarded a do pass recommendation to the full Council; and Whereas, the County Council held a public hearing on March 21, 2006, where oral and written testimony was considered; and t Whereas, the County Council finds that it is in the public interest to authorize the Pierce County Executive to execute the Interlocal Agreement, attached hereto as Exhibit A; Now Therefore, BE IT RESOLVED by the Council of Pierce County: Section 1. The Pierce County Executive is hereby authorized to execute the Interlocal Agreement, which is 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 this r ~ y , ~ da of '" ll / 1~C~*~---- 2006. ATTEST: PIERCE COUNTY COUNCIL Pierce County, Washington Denise D. Johnson Clerk of the Council _ . ~. haven Bu ey Council Chair Resolution No. R2006-8 Page 2 of 2 Pierce County Council 930 Tacoma Avenue South Tacoma, WA 98402 1 Exhibit A to Resolution No. R2006-8 2 3 INTERLOCAL AGREEMENT 4 5 CREATION OF AN INTRACOUNTY ORGANIZATION 6 7 8 This agreement is entered into by and among the cities and towns land sp~~ia1 purpose distri~-t(s} 9 of Pierce County and Pierce County. This agreement is made pursuant to provisions of the 10 Interlocal Cooperation Act of 1967, Chapter 39.3 ~ RCW. This agreement has been authorized 11 by the legislative body of each jurisdiction pursuant to formal action and evidenced by execution 12 of the signature page of this agreement. 13 14 I. NAME: 15 16 T~K~i'o'~~ n~ Tug (1D~TT7~ A~r~~IT~T~~,~ TL7~ DT~D!"~~ ! ~11T TT~TT~T 17 I2 ~l"STl1T~T A T (''(1T TT~ThTT /Dl~D /''1 ~'he 11~111e .ofthe OTiCT,a111Zd~On W111 be the P1eTCe COUlltt' 18 Re~ionalCouncil (PCRC). 19 20 II. MISSION: 21 22 The Pierce County Regional Council is created to promote intergovernmental cooperation 23 on issues of broad concern, and to assure coordination, consistency, and compliance in 24 the implementation of State law covering growth management, comprehensive planning, 25 and transportation planning by county government and the cities and towns within Pierce 26 County. It is the successor agency to the Growth Management Steering Committee and 27 serves as the formal, multi-government link to the Puget Sound Regional Council. 28 29 III. CREATION: 30 31 This agreement shall become effective when sixty percent (60%) of the cities, towns and 32 county government representing seventy-five percent (75%) of the population within 33 Pierce County become signatories to the agreement. The agreement may be terminated 34 by vote of two or more legislative bodies collectively representing sixty percent (60%) of 35 the population within Pierce County. 36 37 IV. MEMBERSHIP AND REPRESENTATION: 38 39 A. Membership is .available to all cities and towns within Pierce County, the Port of 40 Tacoma; and Pierce County. 41 42 B. Associate membership is available to such nonmunicipal governments as transit 43 agencies, tribes, federal agencies, state agencies, n^-* ~•~*'~^~~*~°~, school districts, 44 and other special purpose districts as may be interested. Associate members are 45 non-voting. 46 47 C. The General Assembly of the e~ga~ PCRC shall be comprised of all elected 48 officials from the legislative authorities and the chief elected executive official of Exhibit A to Resolution No. R2006-8 Pierce County, Washington Page 1 of 6 930 Tacoma Avenue South Tacoma, WA 98402 1 officio associate members rnay.each provide a;repres~entative to serve as a 2 non-voting member olf the Council. 3 4 Other Associate Members:. Ofhernon-municipal govenirnents such as 5 federal agencies, other state agencies, other tribes, school districts and 6 other special purpose districts maybecome associate members upon 7 approval. of the Council. Associate members are nor-~°oti~lg, 8 9 ~5. The organization will utilize a calendar year for purposes of terms of 10 office of members of the Executive Committee, Council, and the work 11 program. 12 13 B. ~"°^ _ „+:`>° r^""'^;'*°° Council 14 15 1. The ~'°°°•~+~~~° °°~~-~~'~°°Council shall carry out all powers and 16 responsibilities of the organization between meetings of the General 17 Assembly. The ~°°°~~+~~~° r°~~~~~°° Council may take action when a 18 quorum is present. One-third of the voting members shall constitute a 19 quorum. Except as specified in the bB~-laws, actions voted upon shall be 20 approved by simple majority vote of the quorum. The bBy-laws shall 21 provide for special voting processes and the circumstances when such 22 processes are to be used. 23 24 2. A p~~ Chair and ~~'ice p~esiden~ Chair shall be selected by the 25 Council.. from among its voting members. The 26 ~t Chair and ~~rice ~~ Chair shall serve for one-year terms 27 and shall constitute~the E~ecuti~~e Committee. 28 29 3. The Executive Committee shall establish a regular meeting time and place 30 for Council meetings. ~~~°°~•+~•~° ~'°~~~~~'~°° mMaetings shall be 31 conducted in accordance with the Open Public Meetings Act (l~~ 32 Chapter 42.30 RCWI. 33 34 4. Committees or task forces shall be established as required and may utilize 35 citizens, elected officials and staff from the member jurisdictions in order 36 to enhance coordination and to provide advice and recommendations to 37 the ~°°°~~+~~~° ~'°.Y„,.,:,~°° Councils on matters of common interest 38 including, but not limited to, planning, transportation, and infrastructure. 39 40 C. Gen eral Assembly 41 42 1. The General Assembly shall meet at least annually and may hold 43 additional meetings as needed. The General Assembly may take action 44 when a quorum is present. Thirty percent (30%) of the voting members 45 representing a majority of the various jurisdictions shall constitute a 46 quorum. Except as specified in the 1?Bv-laws, actions voted upon shall be 47 approved by a simple majority vote of the quorum. The h-laws shall Exhibit A to Resolution No. R2006-8 Pierce County, Washington Page 3 of 6 930T Tam aVWA 96402 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 321 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 provide for special voting processes and the circumstances when such processes are to be used. 2. The Executive Committee shall serve as pmt Chair and ~rG'ice $~~ 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 (RCS Chapter 42.30 RCVv }. 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 eCountywide $P~anning Policies. 5. Serve as the formal, multigovernment link to the Puget Sound Regional Council. 6. Develop recommendations, as required, for distribution of certain federal, stated and regional funds. 7. Provide educational forums on regional issues. 8. Make recommendations to federal, stated .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 s~ountywide pPlanning pPolicies, 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; Exhibit A to Resolution No. R2006-8 Pierce County, Washington Page 4 of 6 930 Tacoma Avenue South Tacoma, WA 98402 Y 1 2 3 4 5 6 7 8 9 10 11' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 righ and related issues; f. review and make a recommendation to Pierce County on the respective location of Urban Growth Area boundazies; g. make a recommendation to Pierce County regazding 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 ~°°°~•*~-~° r^~~~~~~°° '~uri°rxl 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 Feral ~?~y Council and shall be adopted by affirmative resolution ^~'*'~° ~°°°~•+~~~° r^--~-~~**°° °~a ^f^f 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 Auditors; ~ each city/town _ clerk, the Secretary of State, and the Washington State Department of Community Trade aid Economic Development. IN WITNESS WHEREOF, this agreement has been executed by each member jurisdiction as evidenced by signature pages affixed to this agreement. Exhibit A to Resolution No. R2006-8 Pierce County, Washington Pa e 5 of 6 93o Tacoma Avenue South g Tacoma, WA 96402 r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17' 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 INTERLOCAL AGREEMENT CREATION OF AN INTRACOUNTY ORGANIZATION Signature Page The legislative body of the undersigned jurisdiction has authorized execution of the Interlocal Agreement, Creation of an Intracounty Organization. IN WITNESS WHEREOF This agreement has been executed by (Name of City/Town/County) BY: DATE: Approved: BY: (Director/Manager/Chair of County Council) Approved as to Form: BY: (City Attorney/Prosecutor) Approved: BY: (Pier County Executive) Exhibit A to Resolution No. R2006-8 Pierce County, Washington / Page 6 of 6 930 Tacoma Avenue South ~'///] Tacoma, WA 98402 ~(~/ (Mayor/Executive) Pierce County Regional Council By-Laws and Interlocal Agreement March, 2006 BY-LAWS OF THE PIERCE COUNTY REGIONAL COUNCIL ARTICLE I -Purpose The purpose of the By-laws is to govern the proceedings of the Pierce County Regional Council (PCRC or Council), consistent with the Interlocal Agreement which created the organization. In the event of a conflict between these By-laws and the Interlocal Agreement, the Interlocal Agreement shall control. ARTICLE II -Organization and Membership Section 1. Organization: The PCRC shall be organized into a General Assembly; a Council (PCRC); an Executive Committee; and other such task forces and committees as established by the Council. Section 2. Members: Pierce County, each city or town in Pierce County, and the Port of Tacoma 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. Section 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 anon-voting member of the Council Section 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. ARTICLE III -Officers Section 1. The officers of the Pierce County Regional Council shall be a Chair and a Vice Chair. The officers constitute the Executive Committee. Section 2. Chair: The Chair shall conduct the meetings of the Council, preside over meetings of the General Assembly, and shall be responsible for the preparation of the agenda for said meetings. The Chair shall ensure that the functions of the Pierce County Regional Council are carried out to the best of his or her ability. Section 3. Vice Chair: The Vice Chair shall preside and perform the duties of the Chair in the absence of the Chair. Section 4. Elections: The Chair and Vice Chair of the Pierce County Regional Council shall be elected by the Council from among the Council's voting membership. The Vice Chair shall be from a different member jurisdiction than the Chair. Pierce County Regional Council By-Laws Amended May 19, 2005 1 Section 5. Term: The Chair and Vice Chair shall serve for one year and their terms of office shall begin at the beginning of the calendar year. In the event of a vacancy in the office of the Chair, the Vice Chair shall succeed to said office for the unexpired portion of the term. In the event there is a vacancy in the office of the Vice Chair, the Council shall elect from its membership a new Vice Chair to serve the unexpired portion of the term. In the event there is a vacancy in the office of the Chair and Vice Chair, the Council shall elect from its membership a new Chair and Vice Chair to serve the unexpired portion of the terms. ARTICLE IV -The Council Section 1. Purpose: The Council shall direct the affairs of the Pierce County Regional Council between the annual meetings of the General Assembly. The Council shall exercise on behalf of the Pierce County Regional Council all powers and managerial and administrative authority not reserved for the General Assembly. Section 2. Composition: The Council shall be comprised of voting members who are elected officials representing member agencies as determined in the Interlocal Agreement. Each ex officio associate member shall designate anon-voting representative to the Council. Section 3. Appointment: Representatives to the Council shall be appointed as follows: (a) A member jurisdiction granted representation by the Interlocal Agreement shall choose its representative(s) and designated alternates by its own appropriate process. The name and contact information of both the designated representative and his/her alternate, with a copy of the Council minutes designating appointees, shall be transmitted to the Council clerk by the first working day in March of each year. (b) Each Council representative and alternate with the authority to vote shall be an elected official and shall be named in advance to the roster maintained by the Council clerk. (c) An ex officio associate or associate member may designate its representative and alternate by its own appropriate process. The positions are non-voting. (d) The name, mailing and a-mail address, telephone and fax numbers of all representatives and their designated alternates shall be filed in writing with the Council, directed to the Council clerk. Each member jurisdiction may change its designated representative or alternate twice annually. Written notification from the jurisdiction's chief executive or clerk of a change in voting delegates must be received by the Council clerk ten days in advance of a regular Council meeting and twenty days in advance of a General Assembly. (e) Other elected officials and staff from member jurisdictions shall be encouraged to attend and participate in Council discussions, but without a vote. Section 4. Date: The Executive Committee shall designate a regular time and place for its meetings. Pierce County Regional Council By-Laws Amended May 19, 2005 2 Section 5. Notice: An agenda with supporting materials shall be mailed at least seven (7) days in advance of all regularly scheduled meetings; provided however, that if the Chair or any five (5) voting members of the Council determine that an emergency exists, they may make a finding to that effect in which event a special meeting may be held on facsimile, email, or written notice delivered to each representative at least five (5) days in advance. The agenda for a special meeting shall be limited to those items specified in the notice. Section 6. Quorum: A quorum of the Council shall consist of one-third of the voting representatives. Section 7. Voting: Each voting representative on the Council shall have one vote. All actions of the Council will be by simple majority vote unless otherwise provided by law or in these By-laws. Section 8. Absence of voting members: If an elected official representative of a jurisdiction is not present, and no elected official from the jurisdiction is named to serve as an alternate, the jurisdiction may be represented from the audience by the designated staff member of the jurisdiction. Staff may participate in discussions before the Council, but shall not vote. If a jurisdiction's representative or alternate has three (3) consecutive absences, the clerk shall contact those representatives and the Council may request reappointment. ARTICLE V -The General Assembly Section 1. Purpose: The purpose of the annual meeting of the General Assembly will be to hear an annual report, adopt an annual work program and take action on such matters as the Chair or Council may determine. Section 2. Composition: The General Assembly of the Pierce County Regional Council shall be comprised of elected officials from the legislative authorities of the member jurisdictions and the chief elected officials from the member jurisdictions. Associate members and staff from the various jurisdictions shall be encouraged to participate in General Assembly meetings, but without a vote. Section 3. Notice: Written notice and the agenda of all General Assembly meetings shall be delivered or mailed to all member jurisdictions at least ten (10) days prior to the meeting; provided however, that if the Chair or Council determines that an emergency exists, they may make a finding to that effect in which event a meeting may be held with notice delivered to each member jurisdiction at least 24-hours before the meeting. Section 4. Date: The General Assembly of the Pierce County Regional Council shall meet at least annually, at a time and place designated by the Council. Section 5. Quorum: A quorum of the General Assembly shall meet both of the following requirements: at least thirty percent (30%) of the eligible voting members shall be present and at least fifty percent (50%) of the member jurisdictions shall be represented. Section 6. Voting: Actions voted upon shall be approved by simple majority vote, except as specified in the Interlocal Agreements, these By-laws, or by requirement of state or federal law. Pierce County Regional Council By-Laws Amended May 19, 2005 3 Section 7. Special Voting: If requested by any three voting members from three different jurisdictions, the special voting process shall be required for the following actions: a. Adoption of the annual work program; and b. Action to overturn an amendment to the By-laws. Under the special voting process, action by the General Assembly shall require a majority vote from each of the following: a majority vote of the Pierce County representatives who are present, a majority vote of the City of Tacoma representatives who are present, and a majority vote of the other representatives who are present. No action may be taken without the quorum including at least one representative from Pierce County and at least one representative from the City of Tacoma. No ex officio associate member or other associate member may request special voting. ARTICLE VI -Committees Section 1. Committees: The Chair may appoint or the Council may require the Chair to appoint standing, ad hoc, or special task forces or committees to advise the Council in its functions. Section 2. Membership: Membership of task forces and committees may include members and associate members, elected officials, local government staffs, citizens, professionals in the field, and other experts. When a vote is required, voting rights shall be in accordance with the voting rights for "members" as defined in Article II, Section 2. Section 3. There are two standing Committees: the Pierce County Growth Management Coordinating Committee (GMCC) and the Transportation Coordinating Committee (TCC). The GMCC shall serve as one. of the advisory committees for the purpose of providing advice and recommendations on growth management issues. The TCC shall provide advice on transportation and infrastructure issues. ARTICLE VII -Work Program Section 1. The Council shall recommend the annual work program for review, revision, and adoption by the General Assembly. Section 2. The Council shall control and monitor all expenditures and budget available funds in accordance with the adopted work program and shall have the power to amend the work program to meet unanticipated needs or changed conditions. ARTICLE VIII -Open Meetings All meetings of the Pierce County Regional Council shall conform to the Open Meetings Act, Chapter 42.30 RCW. The Council shall adopt procedures to ensure appropriate public notice of all meetings. ARTICLE IX -Parliamentary Authority The rules contained in the current edition of Robert's Rules of Order Newly Revised shall govern the General Assembly and the Council in all cases to which they are applicable and in which they are not inconsistent with the Interlocal or these By-laws or any special rules of order the General Assembly or the Council may adopt. Pierce County Regional Council By-Laws Amended May 19, 2005 4 ARTICLE X -Amendments to By-laws These By-laws may be amended at any regular or special meeting of the Council; provided however, that a copy of the proposed amendment has been mailed to each member jurisdiction and each representative to the Council at least fifteen (15) calendar days prior to the meeting at which the vote to amend is taken. Any amendment(s) of the By-laws shall be effective immediately upon adoption by the Council, provided that the General Assembly may take action to overturn such amendment(s) at the next meeting. Adopted by the Pierce County Regional Council (Date) (Officer) (Officer) Pierce County Regional Council By-Laws Amended May 19, 2005 5 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. Pierce County Regional Council Interlocal Agreement 9/18/92 Amended 3/21/06 1 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 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 Pierce County Regional Council Interlocal Agreement 9/ 18/92 Amended 3/21/06 2 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). Pierce County Regional Council Interlocal Agreement 9/18/92 Amended 3/21/06 3 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. 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; Pierce County Regional Council Interlocal Agreement 9/18/92 Amended 3/21/06 4 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. Pierce County Regional Council Interlocal Agreement 9/18/92 Amended 3/21/06 5 INTERLOCAL AGREEMENT Signature Page The legislative body of the undersigned jurisdiction has authorized execution of the Interlocal Agreement, Creation of an Intracounty Organization. IN WITNESS WHEREOF This agreement has been executed by (Name of City/Town/County) BY: DATE: Approved: BY: (Mayor/Executive) (Director/Manager/Chair of County Council) Approved as to Form: BY: Approved: BY: CREATION OF AN INTRACOUNTY ORGANIZATION (Pierce County Executive) (City Attorney/Prosecutor) Pierce County Regional Council Interlocal Agreement 9/ 18/92 Amended 3/21/06 6