city of tacoma
File #: RES-38724    Version: 1 Name: Port of Tacoma
Type: Resolution Status: Adopted
File created: 9/10/2013 In control: City Council
On agenda: 9/10/2013 Final action: 9/10/2013
Title: Resolution No. 38724
Attachments: 1. RES-38724.pdf
Related files: RES40073, RES40430
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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Req. # 1 3612 7 2 4 RESOLUTION NO. G 1 A RESOLUTION relating to stormwater systems; authorizing the execution of an 2 Interlocal Agreement with the Port of Tacoma for the purpose of providing a cooperative framework for coordination of certain stormwater management 3 activities. 4 WHEREAS the City is required to develop and implement a stormwater 5 management plan under its Phase I Municipal Separate Storm Sewer System 6 Permit ("MS4 Permit"), which permit is issued by the Washington State Department 7 8 of Ecology to all Phase I permittees in Western Washington, and 9 WHEREAS the Port of Tacoma ("Port") is considered a secondary permittee 10 under the MS4 Permit because it owns and operates its own municipal stormwater 1 1 system within the city limits of Tacoma, and 12 WHEREAS the MS4 Permit encourages the City and Port to coordinate 13 14 stormwater management activities when possible, and 15 WHEREAS the proposed Interlocal Agreement ("Agreement") would provide 16 a cooperative framework for coordinating certain stormwater management 17 obligations under the MS4 Permit with the goal of reducing stormwater impacts to 1 8 Commencement Bay, its waterways, and other receiving waters, and 1 9 20 WHEREAS, under the Agreement, each party would remain responsible for 21 its own MS4 Permit compliance, and 22 WHEREAS the Agreement provides for, among other things, access to Port 23 properties by City staff for inspection and spill response as requested by the Port; 24 compensation to the City for certain services when the Port has requested such 25 26 services; collaboration on review of Port development and/or redevelopment Res13612.doc-DFM/bn 1 projects; and annual meetings to discuss stormwater MS4 Permit-related issues, 2 and 3 WHEREAS any related expenses incurred by the City will be reimbursed by 4 5 the Port in accordance with the terms of the Agreement, and 6 WHEREAS the Port approved the proposed Agreement on July 25, 2013; 7 Now, Therefore, 8 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TACOMA: 9 That the proper officers of the City are hereby authorized to enter into an 10 1 1 Interlocal Agreement with the Port of Tacoma, in accordance with RCW 39.34, the 1 2 Interlocal Cooperation Act, for the purpose of providing a cooperative framework 13 for coordination of certain stormwater management activities, said agreement to be 14 substantially in the form of the proposed document on file in the office of the City 1 5 Clerk. 1 6 1 7 Adopted 0 M3 7@t 1 8 19 Mayor Attest: 20 21 22 City Clerk 23 Approved as to form: 24 25 26 Deput@lqy Attorney -2- 013 Res13612.doc-DFM/bn CITY CLERK USE ONLY Tacoma REQUEST FOR Bequest#: '50"WEVIRes. 4: El ORDINANCE X RESOOMWIF 3 8 724 1. DATE: August 8, 2013 AUG 13 2013 All 191210116 2. SPONSOREDBY:COUNCILMEMBER(s) N/A I&I I I CURKS WV. 3a. REQUESTING DEPARTMENT/DIVISION 4a. CONTACT (for questions): PHONE: ESD/Science & Engineering Michael P. Slevin III, P.E. 253-591-5528 3b. "RECOMMENDED FOR ADOPTION" FROM Environmental Services F-1 Yes Directo No 4b. PERSON PRESENTING: PHONE: To Committee as information only Michael P. Slevin 111, RE 253-591-5528 Did not go before a Committee Environmental Services 3c. DID THIS ITEM GO BEFORE THE Director PUBLIC UTILITY BOARD? R Yes, on 4c. ATTORNEY: PHONE: Z Not required Doug Mosich 253-591-5626 Deputy City Attorney Ae Michael P. Slevin IH, P.E., Environmental Services Director inance Director,, Manager 1 5. REQUESTED COUNCIL DATE: September 10, 2013 6. SUMMARY AGENDA TITLE: (A concise sentence, as it will appear on the Council agenda.) Authorize an Interlocal Agreement, in accordance with the Interlocal Cooperation Act (RCW Chapter 39.34), with the Port of Tacoma for the purpose of providing a cooperative framework for coordinating certain stormwater management activities. 7. BACKGROUND INFORMATION/GENERAL DISCUSSION: (Why is this request necessary? Are there legal requirements? What are the viable alternatives? Who has been involved in the process?) The City is required to develop and implement a stormwater management plan under its Phase I Municipal Separate Storm Sewer System Permit ("MS4 Permit"), issued by the Washington State Department of Ecology. This programmatic permit is issued to all Phase I Permittees in Western Washington. The Port of Tacoma is considered a secondary permittee under the MS4 Permit because it owns and operates its own municipal stormwater system within the city limits of Tacoma. The MS4 Permit encourages the City and the Port of Tacoma to coordinate respective stormwater management activities when possible. This Interlocal Agreement would provide a cooperative framework for coordinating certain stormwater management obligations under the MS4 Permit, with a goal of helping to reduce stormwater impacts to Commencement Bay, its waterways, and other receiving waters. Each party would remain responsible for their own MS4 Permit compliance under the Interlocal Agreement. Coordination under the Interlocal Agreement includes, among other things: providing access to Port properties by City staff for inspection and spill response as requested by the Port, compensating the City for certain services when the Port has requested such services, collaborating on review of Port development/redevelopment projects, and meeting annually with the Port to discuss stormwater MS4 permit related issues. The Port of Tacoma approved the Interlocal Agreement on July 25, 2013. cotclerk@forins@ ReqtiestResoliitiotiOrdi@taitce.doe Office of flie City Clerk (81912013) CITY CLERK USE ONLY REQUEST (CONT) Request Ord/Res C i 8. LIST ALL MATERIAL AVAILABLE AS BACKUP INFORMATION FOR THE REQUEST AND INDICATE WHERE FILED: Source Documents/Backup Material Location of Document City of Tacoma MS4 Phase 1 NPDES Permit City Clerk City / Port Interlocal Agreement City Clerk Memo to Port Commission City Clerk 9. WHICHOFTHECITY'SSTRATEGicGOALsDOEsTHisITEMSUPPORT?(CHECKTHEGOALTtIATBESTAPPLIES) A. F] A SAFE, CLEAN AND ATTRACTIVE COMMUNITY B. F-1 A DIVERSE, PRODUCTIVE AND SUSTAINABLE ECONOMY C. E A HIGH-PERFORMING, OPEN AND ENGAGED GOVERNMENT 10. IFTHISCONTRACTISFORANAMOUNTOF$200,OOOORLESS,EXPLAINWHYITNEEDSLEGISLATIVEAPPROVAL- 11. FINANCIALIMPACT: EXPENDITURE F-1 REVENUE A. No IMPACT (NO FISCAL NOTE) B. YES, OVER $1 00,000, Fiscal Note Attached C. 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 (PORT) $ Total Amount 4301 Surface Water Note: Any expense the City incurs will be reimbursed by the Port according to the agreement. If an expenditure, is it budgeted? El Yes El No Where? Cost Center: Acct cotclerk@forins\ReqiiestResoliitioitOrdinaitce.doc Office of the City Clerk (05/31/2013) 7 2 Tacoma City of Tacoma Memorandum TO: T.C. Broadnax City Manager FROM: Michael P. Slevin III, P.E. Environmental Services Dir SUBJECT: Council Action Memo - Interlocal Agreement with Port of Tacoma September 10, 2013 DATE: August 14, 2013 SUMMARY: The Environmental Services Department is requesting authorization to enter into an Interlocal Agreement in accordance with the Interlocal Cooperation Act (Chapter 39.34 RCW) with the Port of Tacoma for the purpose of providing a cooperative framework for coordinating certain stormwater management activities. BACKGROUND: The City is required to develop and implement a stormwater management plan under its Phase I Municipal Separate Storm Sewer System Permit (MS4 Permit), issued by the Department of Ecology. This programmatic permit is issued to all Phase I Permittees in Western Washington. The Port of Tacoma is considered a secondary permittee under the MS4 Permit because it owns and operates its own municipal stormwater system within the City limits of Tacoma. The IVIS4 Permit encourages the City and the Port of Tacoma to coordinate respective stormwater management activities when possible. This Interlocal Agreement would provide a cooperative framework for coordinating certain stormwater management obligations under the MS4 Permit, with a goal of helping to reduce stormwater impacts to Commencement Bay, its waterways, and other receiving waters. Each party would remain responsible for their own MS4 Permit compliance under the Interlocal Agreement. Coordination under the Interlocal Agreement includes, among other things: providing access to Port properties by City staff for inspection and spill response as requested by the Port, compensating the City for certain services when the Port has requested such services, collaborating on review of Port development/redevelopment projects, and meeting annually with the Port to discuss stormwater IVIS4 Permit related issues. ISSUE: The City and the Port of Tacoma each have responsibility to perform certain actions to manage stormwater in a manner that is cost efficient for the citizens and effective in protecting the receiving waters of Commencement Bay. This Agreement helps the parties work together towards those ends. RECOMMENDATION: Staff from the City and Port have worked closely together to craft this Agreement to be a useful tool both parties may utilize as we fulfill our independent MS4 Permit obligations. The Environmental Services Department recommends authorization of this Interlocal Agreement. 'nu Cr@ 7 Resolution No. Adopted: SEP I 0 2013 Maker of Motion: Ca ty@ D@@t Seconded: Voice Vote: MEMBERS AYES NAYS ABSTAIN ABSENT Mr. Boe Mr. Campbell Mr. Ibsen )< Mr. Lonergan x 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. Thoms Ms. Walker Ms. Woodards Mayor Strickland 1.,@ccagenda@ageoda procedures and forms@resolutionvotingrecord.doc