Req.#13583
RESOLUTIONNO. 38706
1 A RESOLUTION relating to community and economic development; authorizing the
2 execution of an interlocal agreement with the Port of Tacoma for review and
authorization of a flexible approach to the provision of shoreline public
3 access under the City's Shoreline Master Program.
4 WHEREAS, under the City of Tacoma's current Shoreline Master Program
5 ("SIVIP"), the Port of Tacoma ("Port") is required to provide public access as
6
mitigation for using shoreline areas in a manner that preempts public use, and
7
8 WHEREAS the existing rules have often exempted Port development
9 projects from this requirement, and
10 WHEREAS, under new state rules, once the City's adopted SMP is approved
1 1 by the State Department of Ecology, this exemption will no longer be available, and
12
WHEREAS, given the limited opportunities to provide high quality public
1 3
1 4 access on Port property, the new SMP authorizes the City to enter into agreements
15 with the Port and other public agencies for public access provision geographically
16 separate from the new development site, including the use of a public access fund
17 and an in-lieu fee, and
1 8
WHEREAS on July 10, 2012, Port of Tacoma staff presented a draft Port of
1 9
20 Tacoma Public Access Plan at a joint City Council-Port Commission study session,
21 and, as a result of the discussion, the City and the Port formed a joint committee
22 consisting of two Councilmembers and two Commissioners with the aim of building
23 consensus for an interlocal agreement regarding Port public access priorities and
24
proposed projects, and
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Res13583.doc-JHC/tok
WHEREAS the joint committee prepared a draft interlocal agreement that
2
was presented at a joint City Council/Port Commission study session on June 1 1,
3
2013, and
4
5 WHEREAS, upon finalization of the City of Tacoma Shoreline Master
6 Program, the adoption of this resolution will authorize the City Manager to execute
7 an interlocal agreement between the City of Tacoma and the Port of Tacoma that
8
will: (1) provide a mechanism to better ensure that public access mitigation for
9
10 individual Port projects can help create an integrated, connected public access
11 system; (2) identify shared priority public access projects in locations that will be
12 well used and enjoyed by the public; (3) streamline permitting for both the Port and
1 3 private applicants; (4) provide certainty to the City, Port, and private sector partners
1 4
over the 1 0 years of the proposed agreement; and (5) provide a methodology for
15
16 the use of a public access fee-in-lieu that can be utilized by both the Port and
1 7 private parties; Now, Therefore,
1 8 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TACOMA:
1 9 That upon finalization of the City of Tacoma Shoreline Master Program, the
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proper officers of the City are hereby authorized to enter into an Interlocal
21
22 Agreement with the Port of Tacoma for review and authorization of a flexible
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24
25
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Res13583.doc-JHC/tok
approach to the Shoreline Public Access Provision, said document to be
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substantially in the form of the interlocal agreement on file in the office of the City
3
Clerk.
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5 AUG 6 2013
Adopted
6
7 Mayor
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Attest:
9
10
11 City Clerk
1 2
1 3 Approved as to form:
1 4
1 5
1 6 Deputy City A@Irhey
1 7
1 8
1 9
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2 1
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Res13583.doc-JHC/tok 3 J,
CITY CLERK USE ONLY
REQUEST FOR 'Pf quest
bcoma ORDINANCE E RESOLUTION Ord./Res.
1. DATE: JULY 12,2013 t-
2. SPONSORED BY: mayor Strickland and Councilmember Mello
3a. REQUESTING 4a. CONTACT (for questions): PHONE:
DEPARTMENT/DiVISION/PROGRAM Ian Munce 573-2478
PDS/Planning Services
3b. "RECOMMENDED FOR ADOPTION" FROM
F-1 Yes 4b. PERSON PRESENTING: PHONE:
F-1 No Stephen Atkinson 591-5531
E:1 To Committee as information only
E Did not go before a Committee
3c. DID THIS ITEM GO BEFORE THE 4c. ATTORNEY: PHONE:
PUBLIC UTILITY BOARD? 591-5638
F-1 Yes, on Jeff Capell
Not required
N/A
Division Budget Officer/Finance Director
\1 \Jl/
5. REQUESTED C-OCNCIL DATE: August 6, 2013
(If a specific council meeting date is required, explain why; i.e., grant application deadline, contract
expiration date, required contract execution date, public notice or hearing required, etc.)
This specific date is requested as a follow up to a joint City of Tacoma/Port Commission study session
that was held on June 11, 2013.
6. SUMMARY AGENDA TITLE:
Interlocal Agreement Authorizing a Flexible Approach to Shoreline Public Access Provision Between the
City of Tacoma and the Port of Tacoma.
7. BACKGROUND INFORMATioN/GENERAL DISCUSSION:
This Resolution will authorize the City Manager, upon finalization of the City of Tacoma Shoreline Master
Program, to execute an interlocal agreement between the City of Tacoma and the Port of Tacoma that
will:
? Provide a mechanism to better ensure that public access mitigation for individual Port projects can
help create an integrated, connected public access system;
? Identify shared priority public access projects in locations that will be well used and enjoyed by the
public;
? Streamline permitting for both the Port and private applicants;
? Provide certainty to the City, Port and private sector partners over the 1 0 years of the proposed
agreement;
? Provide a methodology for the use of a public access fee-in-lieu that can be utilized by both the
Port and private parties.
cotclerk\fonns\ReqiiestResolutionOrdinance.doc Office of the City Clerk (711212013)
CITY CLERK USE ONLY
REQUEST (CONT) Request 3SI'3
Ord/Res 3-8706
Under the current State/City Shoreline Master Program (SMP) the Port is required like other permit
applicants to provide public access as mitigation for using shoreline areas in a manner that preempts
public use. However, the existing rules have often exempted Port development projects from this
requirement. Under new State rules, though, once the City's adopted Shoreline Master Program is
approved by the State Department of Ecology, this exemption will no longer be available. Given the
limited opportunities to provide high quality public access on Port property, the new SMP authorizes the
City to enter into agreements with the Port (and other public agencies) for public access provision
geographically separate from the new development site, including the use of a public access fund and an
in-lieu fee.
On July 10, 2012 Port of Tacoma staff presented a draft Port of Tacoma Public Access Plan at a joint
City Council/Port Commission study session. As a result of the discussion at the joint study session, the
City and the Port formed a joint committee consisting of two Councilmembers and two Commissioners
with the aim of building consensus for an interlocal agreement regarding Port public access priorities and
proposed projects. The joint committee prepared a draft interlocal agreement that was presented at a
joint City Council/Port Commission study session on June 11, 2013.
8. LIST ALL MATERIAL AVAILABLE AS BACKUP INFORMATION FOR THE REQUEST AND INDICATE WHERE FILED:
Source Documents/Backup Material Location of Document
Locally-approved Shoreline Master Program Municipal Building, Room 345
Interlocal Agreement Municipal Building, Room 345
9. WHICH OF THE CITY'S STRATEGIC GOALS DOES THIS ITEM SUPPORT? (CHECK THE GOAL THAT BEST APPLIES)
A. Fj A SAFE, CLEAN AND ATTRACTIVE COMMUNITY
B. El A DIVERSE, PRODUCTIVE AND SUSTAINABLE ECONOMY
C. 0 A HIGH-PERFORMING, OPEN AND ENGAGED GOVERNMENT
10. IFT HIS CONTRACT IS FOR AN AMOUNT OF $200,000 OR LESS, EXPLAIN WHY IT NEEDS LEGISLATIVE APPROVAL:
11. FINANCIAL IMPACT: El EXPENDITURE El REVENUE
A. M No IMPACT (NO FISCAL NOTE)
B. DYES, OVER $ 1 00,000, Fiscal Note Attached
C. El YES, UNDER $ 1 00,000, (NO FISCAL NOTE)
Provide funding source information below:
FUNDING SOURCE: (Enter amount of funding from each source)
Fund Number & Name: State $ city $ Other $ Total Amount
If an expenditure, is it budgeted? F1 Yes F1 No Where? Cost Center:
Acet
cotclerk\forms\RequestResolutionOrdinance.doc Office of the City Clerk (0513112013)
Resolution No. 3 8706
Adopted: AUG - 6 2013
Maker of Motion:
Seconded:
Voice Vote:
MEMBERS AYES NAYS ABSTAIN ABSENT
Mr. Boe
Mr. Campbell
Mr. Ibsen
Mr. Lonerqan
Mr. Mello
Mr. Thoms
Ms. Walker
Ms. Woodards
Mayor Strickland
Roll Call Vote:
MEMBERS AYES NAYS ABSTAIN ABSENT
Mr. Boe
Mr. Campbell
Mr. Ibsen
Mr. Lonergan
Mr. Mello
Mr. Thorns
Ms. Walker
Ms. Woodards
Mayor Strickland
Llccagenda@agenda procedures and formskresolutionvotingrecorddoc