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Council PKT 01-18-2000 Special/Regular City of Federal Way City Council Meeting AGENDA COUNCILMEMBERS Mike Park, Mayor Jeanne Burbidge Linda Kochmar Michael Hellickson Dean McColgan Mary Gates Phil Watkins CITY MANAGER David H. Moseley Office of the City Clerk January 18,2000 ., .,: ¡',' " 'i ( I. TI. ID. I. ll. ID. a. b. c. d. IV. " i'.~.<,,- -fl. AGENDA FEDERAL WAY CITY COUNCIL Council Chambers - City Hall January 18, 2000 (www.ci.federal-way. wa.us) ***** SPECIAL MEETING - 6:00 p.m. CALL MEETING TO ORDER EXECUTIVE SESSION Potential Litigation/Pursuant to RCW 42.30. 1 lO(l)(i) ADJOURNMENT ***** REGULAR MEETING - 7:00 p.m. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENT ATIONS Parks & Recreation Commission Introduction/Certificate Economic Development Update City Manager/Introduction of New City Employees City Manager/Emerging Issues CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. Citizens may address Cily Council at this time. \Wlen recognized by the Mayor, please come forward to the podium. adjust the microphone to proper height, and state your name and address for the record. PLEASE LIMIT-YOUR REMARKS TO THREE ß) MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negalively to other individuals, or are otherwise inappropriate. over please. . . .. V. VI. VII. VIll. ,.. "'~' CONSENT AGENDA (Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all items will be enacted by one motion,' individual items may be removed by a Councilinember for separate discussion and subsequent motion.) a. b. c. Minutes/January 4. 2000 Regular Meeting Council Committee Appointments AÌI:port Communities Coalition/Year 2000 Interlocal Agreement CITY COUNCIL REPORTS CITY MANAGER REPORT ADJOURNMENT .. TIlE COUNCIL MAY ADD AND TAKE ACTION ON OTIlER ITEMS NOT LISTED ON TIlE AGENDA .. " ," .;' ", ,,' '" '" i , I' :'~ MEETING DATE: January 18,2000 ITEM#. ~~) -----................................,... ................---........................................ ..........--......................--..............................--......................... ........................ ...... .............. CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT:. CITY COUNcn. MEETING MINUTES .............--.......................--.............-.................. .......... ..........-....................................-.........-..........-...""""""'" ............ ...... .............. CATEGORY: BUDGET IMPACT: _X_CONSENT _ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMA nON STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ...........................................................................................""""""""'" ................................................................--......--.......""""" .......... --......... """" .............. ATIACHMENTS: Minutes for January 4, 1999 regular meeting ................................................................................................... ............ ......... .... ...... """"""'" ............................................. ............. """"'" ....... --. ..... --"""""'" SUMMARYIBACKGROUND: Official City Council meeting minutes for permanent records pursuant to RCW requirement. .J ................--.........,........................................................................................--.............;................................................................ ................................................ CITY COUNCIL COMMITTEE RECOMMENDATION: n/a .............................................................................................................. ........................................................................................ .... """""" ....... ....................... CITY MANAGER RECOMMENDATION: Motion to approve official minutes. """"""""""'.....'.""'..'.""""".""'.""""""'.""'.."""".......................... ............ ........................................................ ......... ................ """""" .......... ..... ............... - - APPROVED FoR INCLUSION IN COUN~ PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED DENIED _TABLEDIDEFERREDINO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # ,.".,) I: \COVER. CLERK-J/7/00 FEDERAL WAY CITY C'OUNCIL Council Chambers - City Hall January 4, 2000 REGULAR MEETING - 7 :00 p.m. Q\'t ~~"' MINUTES '> 1. CALL MEETING TO ORDER City Clerk Chris Green called the regular meeting of the Federal Way City Council to order at the hour of 7:04 p.m. Councilmembers present: Councilmembers Jeanne Burbidge, Mary Gates, Michael Hellickson, Linda Kochmar, Dean McColgan, Mike Park, and Phil Watkins. City staff present: City Manager David Moseley, City Attorney Londi Lindell, and City Clerk Chris Green. II. PLEDGE OF ALLEGIANCE Councilmember Burbidge led the flag salute. III. SWEARIN G- IN CEREMONY City Clerk Chris Green administered the Oaths of Office to Council members-Elect Mary Gates, Mike Park, ~c~el Hellickson, and Dean McColgan. IV. SELECTION AND SWEARING-IN CEREMONY City Clerk Chris Green read into record, the Council procedures to be followed for the selection process of Mayor and Deputy Mayor. City Clerk Chris Green opened nominations for the position of the Mayor. Councilmember Watkins nominated Councilmember Park for the position of Mayor; there were no additional nominations. ' COUNCllMEMBER GATES INSTRUCTED THE CITY CLERK TO CAST A UNANIMOUS BALWT FOR THE APPOINTMENT OF COUNCILMEMBER PARK AS MAYOR; COUNCILMEMBER BURBIDGE SECOND. The motion passed as follows: ./ ",.~/\.~ '~¡¡J;;;J City Council Regular Meeting Minutes January 4, 2000 - Page 2 Burbidge Gates Hellickson Kochmar yes yes yes yes McColgan Park Watkins yes yes yes City Clerk Chris Green adminisU?red the Oath of Office to Mayor Mike Park. Mayor Park humbly and gratefully accepted the position of Mayor, and expressed sincere appreciation to his Council colleagues and the citizens of Federal Way for bestowing this honor. Mayor Park stated he has been a Federal Way residentfor the past twenty years, and reflected upon his heritage and background in coming to the United States from Korea as a young man. He also addressed the importance of respecting and recognizing diversity within the Federal Way community. As Mayor, he envisions focus on three specific areas: (1) a team concept to improve the communication channels; (2) to become consensus builders; and (3) to represent all aspects of the community. Mayor Park expressed his appreciation for the support from Council, staff and the entire community, in working toward a successful new year. . Mayor Park opened nominations for the position of the Deputy Mayor. .) Councilmember Hellickson nominated Council member Kochmar for the position of Deputy Mayor; there were no additional nominations. COUNCllMEMBER WATKINS INSTRUCTED THE CITY CLERK TO CAST A UNANIMOUS BALLOT FOR THE APPOINTMENT OF COUNCILMEMBER KOCHMAR AS DEPUTY MAYOR; COUNCILMEMBER GATES SECOND. The motion passed as follows: "'.-:Bó!bidge Gates Hellickson Kochmar yes yes yes yes McColgan Park Watkins yes yes yes City Clerk Chris Green administered the Oath of Office to Deputy Mayor Kochmar. Deputy Mayor Kochmar took a moment to reemphasize Mayor Park's statement regarding the importance of the Council working together as a team through open lines of communication, and thanked Council members for their support. Deputy Mayor Kochmar commended Mayor Park on becoming the first Korean mayor in the nation, and enthusiastically encouraged the Council and citizens to join together in making positive decisions for the city's future. ,.» Council member McColgan's wife and mother presented Councilmembers with authentic Hawaiian leis made from tea leaves to signify good luck. King County Metro Councilmember Peter von Reichbauer congratulated his long time friend and colleague, Mayor Park. City Council Regular Meeting Minutes January 4, 2000 - Page 3 ;""."",,¡ "'; ~~' '¡¡' v. PRESENT A TIONS a. Proclamation/Martin Luther King. Jr. Day Deputy Mayor Kochmar presented the proclamation to Diversity Commissioner Ron Walker,' recognizing January 17, 2000, as the celebration honoring the memory of Dr. Martin Luther King, Jr. ' Diversity Commissioner Walker thanked Council, and invited citizens to attend the Dr. Martin Luther King, Jr. Day celebration being held on January 17, 2000, at 10:30 a.m., at Decatur High School. The theme of this year's celebration is "Many Faces, Many Voices - One Community" , , and includes group performances from the Northwest Irish Dancers, the Native American Muckleshoot Drummers, and the Youth Symphony; the event's guest speaker will be Dr. Carl Livingston. b. City Manager/Introduction of New City Employees City Manager David Moseley announced the following new city employees: Orinn Morrell has been hired for the position of Court Clerk I; he previously worked for Pierce County Courts. Criselda Ganley fQr the position of Court Clerk II; she also comes from the Pierce County court system. Trudi Flagg has transferred to the Municipal Court from the City Manager's Office to become a Court Clerk 1. He also introduced Keith Schenkel, a previous city employee, who has recently returned to the position of Police Officer. c. City Manager/Emerging Issues City Manage~avid Moseley announced that there were no emerging issues to report. VI. CITIZEN COMMENT Lynda Jenkins congratulated the new Mayor, and announced the upcoming "Nearby History" lecture series to be held at the Federal Way Regional Library beginning January 27, 2000, and continuing every other week for eight weeks. Ron Zaffino spoke on behalf of his Federal Way business, thanking the Parks and Public Safety Departments for their positive response to his recent concerns. He commended Parks Director Jennifer Schroder on her effort to include him during Cel~bration Park discussion reviews; and noted the positive increase in Police protection in the area surrounding his business. ,.1 .0. ,¡::ii tV City Council Regular Meeting Minutes January 4, 2000 - Page 4 VII. CONSENT AGENDA MinuteslDecember 21. 1999 Regular Meeting - Approved Council Bill #242/Personal Wireless Communication Facilities Code Amendments Approved Ordinance No. 00-363 ' " , . Parks and Recreation Commission ARpointment (replacement) - Appointed Dave AnnYtrong Year 2000 Grant Approvals for Solid Waste/Recycling Division of Public Works Approved Resolution No. 00-310 2000 Arts Commission Contract for Services Program Recommendation - Approved 2000 Arts Commission Work Plan - Approved 1999/2000 Youth Commission Work Plan - Approved Panther Lake Neighborhood Traffic Safety Project - Approved a. b. c. d. e. f. g. h. COUNCILMEMBER GATFS MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; SECOND BY DEPUTY MAYOR KOCHMAR. Council member McColgan pulled Consent Item (c). ) The motion to approve Consent Items (a), (b), (d), (e), (t), (g), and (h) passed as follows: Burbidge Gates Hellickson Koch mar - - yes yes yes yes McColgan Park Watkins yes yes yes Consent Item'F,(cY: Councilmember McColgan addressed the Parks and Recreation Commission appointment of Dave Armstrong as a voting commission member, and recognized Mr. Armstrong for his dedication as an alternate member, and as one who has already spent many hours giving back to the community. COUNCILMEMBER MCCOLGAN MOVED APPROVAL OF CONSENT AGENDA ITEM (c) TO APPOINT DAVE ARMSTRONG AS PARKS & RECREATION COMMISSIONER; DEPUTY MAYOR KOCHMAR SECOND. The motion passed as follows: ¡". ~ " Burbidge Gates Hellickson Kochmar yes yes yes yes McColgan Park. Watkins yes yes yes City Council Regular Meeting Minutes January 4, 2000 - Page 5 VIII. CITY COUNCIL BUSINESS Council Committee Preferences Mayor Park deferreâ the discussion and appointments to the upcoming Coqnci1 retreat scheduled for Ocean Shores on January 7th -8th, 2000; Councilmembers concurred. IX. CITY COUNCIL REPORTS Councilmember Gates noted there are fewer regional meeting reports at this time, due to the new year's beginning. She reminded interested Councilmembers to fax their requests for appointments to the Appointment Committee of the Suburban Cities Association by Wednesday, January 5, 2000. She also reported she will continue to serve on the Sound Transit Finance Committee until she is reaffirmed or a replacement has been appointed. Councilmember Burbidge stated the next Executive Advisory Committee of Sound Transit for Federal Way and Star Lake will meet on January 5, 2000, at Union Station in Seattle; she will also be attending the new South King County Human Services Forum on Thursday, January 6, 2000. She noted the Knutzen Family Theatre will be hosting two performances of "Tours de Force!", the first being January 8,2000, at 8:00 p.m., and again January 9,2000, at 2:00 p.m.; these performances include local favorite, Diane Sweeney. Councilmember Hellickson took a moment to recognize his wife and the volunteers who worked countless hours, thus enabling him to become a new Council member. He would like to see city government being more accessible and accountable to the citizens of Federal Way. Councilmem&r Watkins reported the next meeting of the Land Use/Transportation Committee is scheduled for Monday, January 10, 2000, at 5:30 p.m., in Council Chambers. Councilmember McColgan noted his becoming a City Council member is an extreme honor, and expressed his desire to work with others in making Federal Way a model city. As a twenty-year resident and new Councilmember, he fully supports strong economic growth and youth programs. Deputy Mayor Kochmar reaffirmed she will continuously work with Mayor Park as a team. She noted her enthusiasm of the upcoming changes being implemented in the downtown sector, and expressed her excitement in having a new City Manager lead the city into a new year. She further stressed the importance of encouraging citizens to become volunteers within our community. x. CITY MANAGER REPORT City Manager David Moseley began by recognizing former Councilmembers Lynn Templeton, Hope Elder, Jack Dovey and Bob Stead for attending tonight's Council meeting. He reported on ,) ." ¡,.,'w:; 1::¿,~~' ) ~¡J City Council Regular Meeting Minutes January 4, 2000 - Page 6 the Y2K rollover, stating it went off without a hitch; he thanked Mehdi Sadri and his staff for the past IS-month preparation that enabled 'a smooth transition into the new millennium. He noted all Council members should have already received their copies of the Council Retreat packet prepared by Facilitator Jim Reid; the retreat will be held at Oc~ Shores on January 7m - Sm, 2000. Management Services Deputy Director Marie Mosley will serve as Acting City Manager in his absence. City Manager Moseley reported twenty-nine visitors from the City of Hachinohe will be performing at the SeaTac Mall- Bon Marche Courtyard on January 7rb, at 4:00 p.m. Mr. Moseley extended his personal congratulations to Mayor Park and Deputy Mayor Kochmar. He announced there will be no executive session tonight, and extended an invitation for everyone to attend the public reception immediately following the meeting, to welcome the newly elected officials. XI. ADJOURNMENT There being no further business to come before the Federal Way City Council, Mayor Park adjourned the regular meeting at 7:50 p.m. N. Christine Green, CMC City Clerk -- " MEETING DATE: January 18,2000 ITEM# ~ ?IJ CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Council Committee Appointments CATEGORY: BUDGET IMPACT: .x.. CONSENT _ORDINANCE _BUSINESS _HEARING -FYI _RESOLUTION STAFF REPORT _PROCLAMATION _STUDY SESSION OTHER Amount Budgeted: $ -0- Expenditure Amt: $ -0- Contingency Reqd: $ -0- AITACHMENTS: None SUMMARY /BACKGROUND: At its Jan. 7-8 retreat. Mayor Park annOlmced his appointments to the City Council's committees, as well as to the Airport Communities Coalition (ACC) and South County Area Transportation Board (SCATBd). Under Council Rules, the Mayor has the authority to make these appointments. However, appointments to ACC and SCA TBd require Council action. Therefore, Mayor Park is recommending that Council officially confirm his appointments, which are as follows: Land Uselfransportation Committee: Phil Watkins, chair, Jeanne Burbidge~ Dean McColgan Finance/Economic DevelopmentIRegional Affairs Committee: Mary Gates. chair, Jeanne Burbidge; Michael Hellickson ParkslRecreationIHwnan ServiceslPublic Safety: Jeanne Burbidge, chair, Mary Gates~ Dean McColgan Lakehaven Liaison Committee: Michael Park; Jeanne Burbidge School District Liaison Committee: Michael Park; Linda Kachmar Airport Communities Coalition: Linda Kochmar, Michael Hellickson (alL) South County Area Transportation Board: Jeanne Burbidge; Dean McColgan (alL) CITY COUNCILCOMMITIEE RECOMMENDATION: None. (Considered by Committee of the Whole) CITY MANAGER RECOMMENDATION: Motion to confirm Mayor Park's appointments to City Council and regional committees. APPROVED FOR INCLUSION IN COUNCIL PACKET: ~ (BELOW TO BE COMPLETED BY CI1Y CLERK'S OFFICE) COUNCIL ACTION: _APPROVED _DENIED - T ABLED/DEFERRED/NO ACfION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # L~biI MEETING DATE: JAl\TUARY 18,2000 ITEM# ~((£ ) '" ""J ',U¡,Y -............................................-................-........................................................................................................................................ ..................................... CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT:.AIRPORT COMMUNITIES COALITION ("ACC") INTERLOCAL . .......-.......--............. ............-......--..........--...............................---...-.............................................-..... CATEGORY: . BUDGETIMPACI': XCONSENT _ORDINANCE BUSINESS HEARING FYI _RESOLUTION _STAFF REPORT _PROCLAMATION _STUDY SESSION _OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ --......................................... .......-..........--.........................................-...---......-..................................................-.... ATTACHMENTS: Draft Interloca1 Agreemen4 Airport Communities Coalition (20.0.0.) .......-.......-....-......... ......-...-...........................-...................-........-.........-......................................-..............-... J SUMMARYIBACKGROUND: Attached is the ACC Interlocal for calendar year 20.0.0., implementing the City Council's previous budget action to allocate $3~,0.0.0. to the ACC for the calendar year 20.0.0.. (See Section VII (A) and Attachment A of Inter local.) Councilmember Linda Kochmar, ACC Executive representative and the City Attorney both recommend entering into the attached Interlocal. There are no changes :&om the 1999 Interlocal other than the effective date. The City Council decided to remain a member through 12131/00. Future membership in the ACC will be considered as part of the 20.0.1-20.0.2 ....~~~~.~~~~:~..P'.:~.::ss. ......-............................................................................................................................................................... CITY COUNCIL COMMIITEE RECOMMENDATION: Implementing prior City Council's budget action and thus, no Committee recommendation. ........--..-...-............- ...-...-..........-..................................-......-.--....-....................................-.-..................... CÌTY MANÂ~ER RECOMMENDATION: Motion to direct City Manager to enter into Interlocal ....~~:~~~~!..~~.~~~..~or calendar year 20.~g..~..~~pl~~~.~~.P'.~~~..~~~~~~..~:.:~.~~.~.~.:........................................................-...... ~~~D FOR INCLUSION IN COUNCI~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED _DENIED - T ABLED/DEFERREDINO ACI'ION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # ,,<~) K:\Agnditem\ACC.OO [1/11/00.] DRAFT INTERLOCAL AGREEMENT, AIRPORT COMMUNITIES COALITION ~ ,010100 -123100 In accordance with the Interlocal Cooperation Act (Revised Code of' Washington, Chapter 39.34) the City of Normandy Park, the City of Des Moines, the City of Burien, the City of Federal Way, the City of Tukwila, and the Highline School District (hereafter the "Parties"), each of which is a Washington Municipal Corporation hereby enter into the Agreement set forth. RECITALS 1. The presence and operations of Sea-Tac Airport affect fundamental economic, social, physical and environmental characteristics of each Party. 2. The Parties believe that the presence of Sea-Tac Airport and other regional transportation facilities such as Interstates 5 and 405 and State Routes 509 and 518 and eventually a regional transportation rail line can have either negative or positive effects on the members depending on the manner in which adverse impacts are addressed. 3. The Parties hereto have expressed their opposition to the development of a third runway, and other system improvements leading to increased air traffic at Seattle-Tacoma International Airport and Boeing Field. .. ... 4. The Parties further believe that regional public transportation needs must be resolved on a regional basis and that only equitable solutions to those needs should be adopted. Additional air traffic at Seattle Tacoma International Airport and Boeing Field does not constitute equitable or responsible regional solutions. Equitable solutions are those which recognize that the impacts and the benefits of transportation projects are often not realized in the same community, therefore necessitating an attempt to equalize that disparity among affected communities. 5. The Parties believe that a collective effort, including the pooling of resources and the execution of this Agreement to express and administer policy matters, is the most effective and expeditious method of achieving the goals stated herein. j 'me) c) ) 6. . The Parties agree to promote the follqwing goals: . A. T 0 ~ stop the construction of any additional runways at Seattle-Tacoma International Airport. B. To achieve proper noise mitigation of schools with associated air quality and temperature controls. . C. To limit or reduce the number of flight operations in King County, at both Seattle-Tacoma International Airport and at Boeing Field, to a specific level and to eliminate night flights from 10:30 p.m. to 7:00 a.m. D. To limit expansion of airport facilities in King County, at both Seattle-Tacoma International Airport and at Boeing Field, in order to prevent a significant increase in the number of flight operations which is likely to have substantial, adverse environmental impacts. . E. To seek revisions to the Four Post Plan which accommodate community concerns about overflights, including those which produce noise in areas outside the 65 dB DNL contour. F. To develop and promote equitable solutions to regional transportation needs on a regional basis, working to develop mutoally beneficial partnerships and agreements that promote economic development and protect the environment. .. . G. To improve abatement and mitigation of airport impacts on the Highrtne School District and member cities to this agreement. H. To ensure that all past impacts from operations at Sea-Tac Airport and Boeing Field are fully mitigated. To. support fair distribution among ACC members of public dollars for the mitigation of impacts from operations of Sea-Tac Airport and Boeing Field. I. To participate in efforts to plan effectively, site appropriately and fully mitigate any regional surface transportation projects including RTA and extensions or improvements to State Routes 509 and 518, and 1-5 and 1-405. J. To create an economic, political and social climate in which the parties can realize meaningful benefits from being neighbors of Sea-Tac Airport and 2 Boeing Field and other regional surface transportation facilities which are consistent with the community objectives of these parties. j K. Such other and further related goals as may be determined by the Executive Committee. NOW THEREFORE THE PARTIES HEREBY AGREE AS FOLLOWS: I. DEFINITIONS AND USAGES A Each of the parties hereto shall be referred to as "Normandy Park", "Des Moines", "Burien", "Tukwila", "Federal Way", Highline School District or such other public agency as may be admitted. ,B. "Airport Communities Coalition" hereinafter referred to as "ACC" is the entity created by this Interlocal Agreement. C. "Executive Committee" means the assembly of representatives from the parties hereto, comprised of one representative, or one alternative, from each party hereto, the function of which is to administer the policy and purposes of this Agreement. j D. "Chair" means the presiding member of the Executive Committee, who shall be elected by the other representatives of the Executive Committee. 'ti. 'Vice chair" means the member of the Executive Committee who shall be elected by the other representatives of the Executive Committee to preside in the absence of the chair. F. "Treasurer" means the member of the Executive Committee who shall be elected by the other representatives of the Executive Committee responsible for reviewing and keeping the Executive Committee informed about the financial activities of the ACC and report to the Executive Committee on the yearly audit. G. "Participate" or "participation" means the right of a party to vote on any matter submitted to the Executive Committee for a vote, upon payment of the minimum financial contribution specified hereunder. 3 j :,.' 'r-",.,.,.-- '0' ,~"",,:i\ ".:¡iB,] J oJ H. '. "Public agency" means the ACC member cities and school district(s) impacted by the operation of the Sea- T ac Airport (see Eligibility Section). I. "Operating expenses" means financial obligations, enforceable in law or equity, which have been incurred by the Executive Committee. II. UNDERSTANDING AND PURPOSES .. . A. The Parties understand and agree to promote the goals set forth in the Recital 6 above and such other goals and policies as are determined by the Executive Committee. B. The Parties agree and understand that they will rely on the Executive Committee's faithful and responsible representation of the parties' collective and individual interests in making decisions under this Agreement that mutually benefit the parties. C. In furtherance of this Agreement the parties will: 1. Establish and maintain clear lines of communication through their representatives on the Executive Committee. 2. . Coordinate participation in continued planning and environmental review processes concerning air transportation and environmental matters arising therefrom, both as to existing facilities, surface transportation projects or planned alternatives. .. - 3. Prepare for and undertake litigation or other actions that may be required in order to further the parties' common objectives. 4. Conduct meetings of the Executive Committee in order to carry out necessary and proper functions of ACC as set forth herein. 5. Establish and fund a budget, with amendments thereto as necessary in order to carry on the activities of ACC. This operating fund shall be known as the "Operating Fund of ACC Executive Committee Joint Board." 6. The Executive Committee shall not acquire any real property. Personal property shall be acquired as necessarY to carry out the purposes of this Agreement. 4 .( i III. DURATION AND CONDITIONS OF WITHDRAWAL . This Agreement may be reviewed annually but shall remain in full force and effect from January 1,.2000 unless terminated or modified by separaJe agreement, pursuant to Section X.A., so long as at least two Parties continue the operation of this Agreement Any party may withdraw from this Agreement prior to its expiration by delivering written notice to the Executive Committee. Following such notification the withdrawing party shall remain liable for the full amount of its obligation to the ACC Operating Fund, as set forth in Section VILA. To assure compliance with each party's affirmative obligations set forth in section VilLA, and to protect the confidentiality of the ACC's legal affairs, notice of a party's intent to withdraw from the ACC shall serve to immediately terminate the withdrawing party's right to participate in Executive Committee business, including votes.. Further, a notice of withdrawal shall serve to eliminate the withdrawing party's right to attend any executive session held by the ACC or any of its committees or subdivisions, specifically including the Executive Committee. Upon a party's notice of withdrawal, such party shall not be entitled to a refund of any payment previously made to the Operating Fund unless all parties remaining to the Agreement unanimously determine to terminate this Agreement. Upon such termination, the remaining assets of ACC, if any, will be divided in proportion to the Parties' respective contributions to the Operating Fund to the date of termination, as set forth under Section VII below. ) . ~ IV. ELIGIBILITY Eligibility to participate in this Interlocal Agreement ("I LA") shall be limited to any "public agency" as defined in the definition section of the ILA who demonstrates support for ACC's goals as outlined in the Recitals Section of the ILA. A public agency seeking to participate in this Agreement may be allowed to do so, upon approval of the Executive Committee, pursuant to the existing terms hereof and upon payment of an agreed amount by the member parties. The Executive Committee by unanimous vote of all member parties may allow admission by a public agency on terms other than those set forth herein, including 5 ) ~'~ (i< ~. ,iii, . ., ;,iJ~) entitling said public agency to participate in ACC matters and specifically to vote on matters submitted to the Executive Committee. The Executive Committee by unanimous vote of all member parties may allow admission by a public agency on terms. other than those set forth herein, including entitling said public agency. to participate in ACC matters but not entitling said public agency to vote on rnatterssubmitted to the Executive Committee. Any public agency so admitted shall. be deemed an ex officio party hereto. Admission of a public agency under the terms described in this section may be accomplished. through separate agreement signed by all members and the agency being admitted. v. CREATION OF AIRPORT COMMUNITIES COALITIONlACC) - EX~CUToa; COMMITTEE J There is hereby created the Airport Communities Coalition (ACC). This organi~ation shall be a voluntary association of the parties hereto. The association shall be governed by the Executive Committee. The Executive Committee shall be . comprised of one voting member from each party who shall be an elective official of such party. . . The voting member of each party shall be duly selected annually by the legislative body of each party thereof. Each party shall similarly select an alternate voting member of the Executive Committee who shall serve in the absence of the voting member. Such alternate may be either an elected or appointed official of the party. .- ~he Executive Committee shall approve, by unanimous vote of all member parties, decisions that are major policy decisions. Major policy decisions are defined as: 1) accepting or rejecting legal, financial or negotiated settlements, and 2) accepting new member applications or rejecting existing members. Prior to voting upon any negotiated settlement, all ACC Executive Committee members, or alternate(s) as the case may be, shall receive by governing Councilor Board, resolutions from their respective jurisdictions authorizing approval or rejection of such settlement which shall be binding upon said representative. Any jurisdiction which fails to vote upon such resolution within 14 days of such proposed settlement shall be deemed to approve the vote or abstention of the representative to the Executive Committee. The Executive Committee shall approve by majority vote concerning the following, but not limited to: 1) to adopt and administer a budget, 2) hire or conclude consulting contracts, and 3) all other activities surrounding the daily operations of the ACC. '~iJ 6 When there are an even number of voting members which results in a tie vote, the issue shall be remanded back to a smaller committee of the Executive Committee in an attempt to resolve the issue.' This smaller committee will consist of one Executive Committee member each who voted for and against the contested measure and the ACC Executive Director or another ACC staff person. This committee will be required to report back to the Executive Committee within two weeks with an alternative resolution. " Regular meetings of the Executive Committee.shall be held as determined by the Executive Committee. The Executive Committee shall elect annually by majority vote a "chair" to conduct its meetings, and may similarly elect a "vice chair" to serve in the chair's absence and a "treasurer" to review the financial activities of ACC. Neither the chair, vice chair nor treasurer shall forfeit, by virtue of their positions, any power vested in himlher and shall continue. to preside at the pleasure of a majority of the voting members of the Executive Committee, and may be replaced at any time. A quorum for the conduct of business by the Executive Committee shall be a majority. Notice of any special meeting shall be circulated to all members of the Execu~ive Committee by the chair, or upon the written notice of a voting majority of the Executive Committee not less than twenty-four (24) hours before such meeting is scheduled. No action will be taken without a quorum and without an absolute majority of the eligible voting members of the Executive Committee voting in favor of the matter under consideration. Executive Committee members may attend meetings and vote telephonically as may be necessary for the orderly and timely conduct of business. Written notice of any special meeting may be waived as to-any member who at the time of the meeting is actually present or who has filed with the chair a written waiver of notice. The parties further agree and understand that the ACC Executive Committee may hav~ executive sessions under RCW 42.30.110(i). ..- VI. PROFESSIONAL SERVICES A. The Executive Committee may, from time to time, retain legal or other professional assistance or contribute to the retention by one of the parties of legal OJ other professional assistance to carry out the purposes of this Agreement. A contract or engagement letter shall be provided for each consultant so retained, which contract or engagement letter shall subsequently be marked as an Exhibit and incorporated into this Agreement, subject to all terms herein. All such contracts may be reviewed and updated annually for modifications or termination. B. Information and materials developed by providers of professional services, who are retained and are compensated pursuant to the provisions of this 7 --' .~.: ;.;,- ~. ~': J ,) ) Agreement, shall be made available to each party to this Agreement which has borne its share of the cost of providing such services in the manner provided herein, and to all parties admitted to membership in ACC pursuant to the ,provision of Section IV. In order to preserve confidentiality; all meetings of the legislative or governing body of any . party to this Agreement related to any of the subjects of this agreement shall be held in - - executive session pursuant to RCW 42.30.11 O(i) and all written materials transmi~~d by . law firms retained by the ACC or any member or successors or associates of such law -firm(s) or Executive Director and ACC staff or any party to this Agreement shall be considered exempt from public inspection and copying under RCW 42.17.310 unless publicly cited by the party in connection with any party action. VII. SHARING OF COSTS A. In order to pay such fees, costs, and other expenses as are incurred , by the Executive Committee on behalf of ACC including costs incurred in connection with the retention of legal or other professional assistance, it is the intention of the parties to this Agreement that each party will make available to ACC consistent with the . provisions herein, funds for ACC operating expenses as indicated in Attachment A. B. Each party pledges its best efforts to approve appropriations providing for the sharing of costs specified in this Section VII, but no party shall be liable for any monetary assessment unless and until the governing - body of such party has appropriated funds for such specific purpose. C. In the event that one or more of the parties to this Agreement fail to contribute to the sharing of costs in the amounts set forth above and in a manner consistent with provisions of this Agreement, the party in default will refrain from further participation - in the Executive Committee's business, and its rights pursuant to this Agreement shall be suspended. D. In the event one or more parties fail to ratify this Agreement or having initially ratified this Agreement and thereafter defaults or withdraws from this Agreement, the cost sharing for any outstanding or future operating expenses shall be adjusted following the elimination of the party or parties on a basis proportional to the annual amounts set forth above in Section "AIt, adjusted to allow for any other parties admitted pursuant to Section IV but not included in Section "A", above, and; provided that the annual financial obligation of the remaining Party or Parties shall not exceed that amount set forth above in Section "A", unless modified by subsequent agreement hereto. 8 VIII. COOPERATION A. Each' of the parties participating in, or otherwise admitted to, this endeavor shall cooperate with ~the ACC Executive Committee. In that regard, each party hereto, whether involved by participation, admission, or otherwise, hereby covenants' and agrees that, in the ,event of withdrawal, each such party shall not sue, hårass, or in any form or manner interfere with the entity created by this Agreement or with any of the remàining parties, except as necessary to obtain the return of funds as provided in Section .111. This covenant shall specifically prohibit the sharing of any information obtained in any manner, directly or indirectly, as a result of the withdrawing party's involvement in ACC or otherwise pursuant to this Agreement unless otherwise required by public records law. B. To accomplish the intent and purposes of the ACC, the parties expressly understand that legal proceedings may be pursued in various forums on behalf of ACC members. The parties recognize that legal proceedings are costly and complex endeavors and that it is necessary to ass~re that legal efforts are not compromised due to internal disputes and/or funding concerns. In this light, the parties hereby express their intent that legal matters shall be pursued 'in a manner consistent with policies and directives issued by the Executive Committee. Following initiation of any legal action authorized by the Executive Committee and filed on behalf of any or all coalition members, the parties expressly agree that, during the term of this Agreement, such matters will be conducted, resolved and/or settled as directed by the Executive Committee. No party shall have authority to enter into any settlement or compromise of claims asserted by the ACC without the Executive Committee's acceptance and unanimous approval of such settlement, unless such party has terminated its participation, pursuant to Section III. , ) J ... ... IX. INDEMNIFICATION A. In executing this Agreement, the ACC does not assume liability or responsibility for or in any way release the Parties from any liability or responsibility which arises in whole or in part from the existence, validity or effect of city ordinances, rules or regulations. If any such cause, claim, suit, action or administrative proceeding is commenced, the Parties shall defend the same at their sole expense and if judgment is entered or damages are awarded against the Parties, ACC, or both, the Parties shall satisfy the same, including all chargeable costs and attorneys' fees. B. ACC shall indemnify and hold harmless the Parties and their officers, agents, volunteers and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, 9 ./ which are ca.u~ed by or result from a negligent act or omission of the ACC, its officers, agents, and employees in pe~orming services pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the Parties or the Parties and ACC, ACC shall defend the same at its sole cost and expense; and if final judgment be rendered against the Parties and their officers, agents, and employees or jointly against the Parties and ACC and their respective officers, agents, and employees, ACC shall satisfy the same. . . C. The Parties shall indemnify and hold harmless ACC and its. officers, agents, and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from a negligent act or omission of the Parties, their officers, agents, and employees. In the event that any suit based upon such a claim, action, loss, or damage is brought against ACC or the Parties and ACC, the Parties shall defend the same at their sole cost and expense; and if final judgment be rendered against ACC, and its officers, agents, and employees or jointly against ACC and the Parties and their respective officers, agents, and employees, the Parties shall satisfy the same. _J X. MISCELLANEOUS PROVISIONS A. This Agreement shall be effective upon ratification by at least two of the Parties admitted pursuant to Section IV above. This Agreement may be amended only upon consent of all parties thereto. Any amendment hereto shall be in writing. B. The waiver by any party of any breach of any term, covenant, or condition-of this Agreement shall not be deemed a waiver of such term, covenant, or condition-or -any subsequent breach of the same of any other term, covenant, or condition of this Agreement. C. Any party hereto shall have the right to enjoin any substantial breach or threatened breach of this Agreement by any other party, and shall have the right to recover damages and to specific performance of any portion of this Agreement. D. This Agreement is solely for the benefit of the parties hereto and no third party shall be entitled to claim or enforce any rights hereunder except as specifically provided herein. ",(;J E. In all contractor services, programs or activities, and all contractor hiring and employment made possible by or resulting from this Agreement, ACC and the Parties shall abide by all federal, state, and loeallaws prohibiting discrimination. ]Q F. - - The records and documents with respect to all matters covered by this Agreement shall be subject to audit by the Parties during, the term of this contract and three (3) years after termination: - - G. If any provision of this Agreement or application thereof to any party or circumstance, is held invalid by a court of competent jurisdiction. such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions òf this Agreement are declared to be severable. ' - H. This Agreement shall be effective whether signed by all parties on the same document or whether signed in counterparts. I. This Agreement supersedes the Interlocal Agreement entered into between the parties by signatures dated May, June and July, 1999. CITY OF NORMANDY PARK APPROVED AS TO FORM this day of . 1999. DATED this day ,1999. of ) By Wilton S..Vlall, III City Attorney-of Normandy Park By Merlin MacReynold Its City Manager At the direction of the Normandy Park City Council by motion regularly passed at an open public- meeting on ,1999. ]] ,) ¡;"",;,,) <t:::. ,d "",)", ',.." CITY OF DES'MOINES APPROVED AS TO FORM this day of , 1999. ~ By Gary N. McLean City Attorney of Des Moines CITY OF BURIEN APPROVED AS TO FORM this day of I 1999. By Michael Weight City Attorney of Burien - . CITY OF TUKWILA APPROVED AS TO FORM this day of , 1999. By Robert F. Noe City Attorney of Tukwila 12 DATED this day ,1999. of By , Robert L. Olander Its City Manager At the direction of the Des Moines City Council by motion regularly passed at an open public meeting on ,1999. DATED this day ,1999. of By Gary Long Its City Manager At the direction of the Burien City Council by motion regularly passed at an open public meeting on ,1999. DATED this day ,1999. of By John W. Rants Its Mayor At the direction of the Tukwila City Council by motion regularly passed at an open public meeting on 1999. ¡ CITY OF FEDERAL WAY , APPROVED AS TO FORM this day of .1999. . By Londi K. Lindell City Attorney of Federal Way HIGHLINE SCHOOL DISTRICT APPROVED AS TO FORM this .dayof. . 1999. By David T. Hokit Attorney for Highline School District -- -- DATED this day ,1999. of By' David Moseley Its City Manager Atthe direction of the Federal Way City Council by motion regularly passed at an open public meeting on .1999. DATED this day of ,1999. Joseph R. McGeehan Its Superintendent At the direction of the Highline School District Board by motion regularly passed at an open public meeting on 1999. 13 ) .."".".". \ :,,:~,::,,'::I ,,:'.,,' ~J ,,~J ATTACHMENT A Invoices will be sent quarterly in advance for payment in equal installments or in total. City of Normandy Park City of Des Moines City of Burien City of Tukwila City of Federal Way - - Ikrl R:\Users\Klmberly\l L A\ACC2000.doc $100,000 per year for 2000 $200,000 per year for 2000 $200,000 per year for 2000 $ 50,000 per year for 2000 $ 30,000 per year for 2000 14