HomeMy WebLinkAboutUtilities 2014-04-07 COMPLETE AGENDA PACKETCity of Tukwila
Utilities Committee
• Kate Kruller, Chair
• Allan Ekberg
• Kathy Hougardy
Distribution:
K. Kruller
A. Ekberg
K. Hougardy
D. Quinn
D. Robertson
Mayor Haggerton
D. Cline
L. Humphrey
B. Giberson
F. Iriarte
R. Tischmak
G. Labanara
P. Brodin
S. Kerslake
Clerk File Copy
2 Extra
A. Le (e -mail pkt. pdf)
e -mail cover to:
C. O'Flaherty, D.
Alm berg, B. Saxton,
S. Norris, M. Hart,
D. Robertson
AGENDA
MONDAY, APRIL 7, 2014 — 5:30 PM
FOSTER CONFERENCE ROOM
(formerly known as CR #1) in the 6300 building
Next Scheduled Meeting: Monday, April 21, 2014
15. The City of Tukwila strives to accommodate individuals with disabilities
Please contact the Public Works Department at 206 - 433 -0179 for assistance.
Item
Recommended Action
Page
1.
PRESENTATION(S)
2.
BUSINESS AGENDA
a) NPDES Phase II Permit Requirement
a)
Information Only
Pg. 1
2014 Stormwater Management Program
b) Community Connectivity Consortium
Resolution Modifying Resolution No. 1763
b)
Forward to 4/14/14 C.O.W.
and 4/21/14 Regular
Pg. 15
3.
ANNOUNCEMENTS
4.
MISCELLANEOUS
Future Agendas:
Next Scheduled Meeting: Monday, April 21, 2014
15. The City of Tukwila strives to accommodate individuals with disabilities
Please contact the Public Works Department at 206 - 433 -0179 for assistance.
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Utilities Committee
FROM: Bob Giberson, Public Works Director
BY: Greg Villanueva, NPDES Coordinator
DATE: April 4, 2014
SUBJECT: NPDES Phase II Permit Requirement
Project No. 99341210
2014 Stormwater Management Program
ISSUE
Review the City's 2014 National Pollutant Discharge Elimination System (NPDES)
Stormwater Management Program (SWMP).
BACKGROUND
The Department of Ecology (DOE) issued an updated NPDES Phase II Permit to the City
that went into effect August 1, 2013. Like the previous year's permit, the updated Phase II
Permit requires that the City implement a comprehensive Stormwater Management
Program for this year's activity. The DOE does not require an Annual Report for 2013.
ANALYSIS
Staff completed the 2014 SWMP, which reflects requirements of the updated Phase II
Permit. The SWMP will be used to direct NPDES activities for the year. The SWMP is also
required to be posted on the City's webpage by May 31, 2014. The next Annual Report will
be due on March 31, 2015.
FINANCIAL IMPACT
The program elements listed in the 2014 SWMP required by the NPDES Phase II Permit
have been budgeted and have no direct financial impact.
RECOMMENDATION
Information only.
Attachment: 2014 Stormwater Management Program
W:\PW Eng \ PROJECTS1A- DR Projects \ NPDES Program (99341210)\2014 SWMP \ Info Memo Utilities Committee 2014 SWMP.doc
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/IL
City of Tukwila
2014 Update
Stormwater Management Program
(SWMP)
Prepared By
City of Tukwila
Public Works Department
2
City of Tukwila
Stormwater Management Program
TABLE OF CONTENTS
INTRODUCTION 1
NPDES PHASE II PROGRAM COMPONENTS 2
1. Public Education and Outreach 3
2. Public Involvement and Participation 4
3. Illicit Discharge Detection and Elimination 5
4. Controlling Runoff from New Development, Redevelopment, and Construction Sites 6
5. Pollution Prevention and Operation and Maintenance for Municipal Operations 8
6. Total Maximum Daily Load Requirements 9
7. Monitoring and Assessment 10
CONCLUSION 11
3
INTRODUCTION
The National Pollutant Discharge Elimination System (NPDES) permit program is a
requirement of the federal Clean Water Act. The federal Environmental Protection
Agency (EPA) has delegated permit authority to state environmental agencies. In
Washington, the NPDES delegated permit authority is the Washington State Department
of Ecology (DOE).
This document was prepared by the City of Tukwila to meet the requirements for a
Stormwater Management Program (SWMP) as required by the NPDES Phase II Permit.
The SWMP was developed to reduce pollutant discharges from the City's Municipal
Separate Storm Sewer System (MS4).
The Permit allows discharge of stormwater runoff from municipal drainage systems into
the state's water bodies (i.e., streams, rivers, lakes, wetlands, etc.) as long as
municipalities implement programs to protect water quality by reducing the discharge of
"non -point source" pollutants to the "maximum extent practicable" (MEP). In addition,
the City must meet "all known and reasonable treatment" (AKART) through application
of Permit specified "best management practices" (BMPs). The practices specified in the
Permit are collectively referred to as the SWMP and grouped under the following
program components:
• Public Education and Outreach
• Public Involvement and Participation
• Illicit Discharge Detection and Elimination
• Controlling Runoff from New Development, Redevelopment and Construction
Sites
• Pollution Prevention and Operation and Maintenance for Municipal Operations
• Compliance with Total Maximum Daily Load Requirements
• Monitoring and Assessment
The Permit requires that the City:
• Report annually (by March 31 of each year) on the SWMP implementation from
the prior year.
• Submit annually (by March 31 of each year) a SWMP Plan that describes
proposed surface water management program activities for the coming year.
• Develop a SWMP that includes an ongoing program for gathering, tracking,
maintaining, and using information to evaluate its SWMP development,
implementation and permit compliance and to set priorities.
• Coordinate with other permittees on stormwater- related policies, programs, and
projects within adjoining or shared areas.
• Coordinate with City departments to eliminate barriers to compliance with the
terms of the permit. Include a description of coordination in the Annual Report no
later than March 31, 2015.
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NPDES PHASE II PROGRAM COMPONENTS
Tukwila is defined as a Phase II community by DOE and, therefore, mandated to comply
with the requirements of the Phase II National Pollution Discharge Elimination System
(NPDES) Stormwater Permit. Phase II communities are those that:
• Own and operate a storm drain system
• Discharge to surface waters of the state
• Are located in urbanized areas
• Have a population of more than 1,000
Municipalities with a population of over 100,000 (as of the 1990 census) have been
designated as Phase I communities and must comply with DOE's Phase I NPDES
Municipal Stormwater Permit. Tukwila's population is below the 100,000 threshold and
must comply with the Phase II Municipal Stormwater Permit. Approximately 100 other
municipalities in Washington must now comply with the Phase II Permit, as operators of
small "municipal storm sewer systems" (MS4). Ecology's Phase II Permit is available on
Ecology's Web site at:
http: / /www.ecy.wa.gov /programs /wd /stormwater/ municipal /phasellww /wwphiipermit.html
Tukwila completed requirements of its initially issued NPDES Phase II Stormwater
Permit which expired July 31, 2013. Tukwila applied to the Department of Ecology and
was issued a new five -year term NPDES Phase II Stormwater Permit on August 1, 2012
with an effective date of August 1, 2013 and an expiration date of July 31, 2018.
As stated, the major program components listed in the Permit are as follows:
• Public Education and Outreach
• Public Involvement and Participation
• Illicit Discharge Detection and Elimination
• Controlling Runoff from New Development, Redevelopment, and Construction Sites
• Pollution Prevention and Operation and Maintenance for Municipal Operations
• Total Maximum Daily Load Requirements
• Monitoring and Assessment
The following sections describe requirements of each program component, the City's
current activities, and what the City's planned activities are to meet the requirements. In
general, the City of Tukwila is currently performing all previously required NPDES
Phase II Permit activities and has programs in place to address the updated Permit
requirements.
5
1. PUBLIC EDUCATION AND OUTREACH
1.1 Permit Requirements
The Permit (Section S5.C.1.) requires the City to:
• Target and implement an educational and outreach program that will build general
awareness specific to the general public, businesses, engineers, contractors,
developers, development staff and land use planners and other City employees
that will help to reduce and eliminate behaviors and practices that cause or
contribute to adverse stormwater impacts.
• Implement an outreach program that targets a selected audience with the purpose
of improving their understanding and behaviors that impact surface water.
• Create stewardship opportunities and /or partner with existing organizations to
encourage residents to participate in activities such as stream teams, storm drain
marking, volunteer monitoring, riparian plantings and education activities.
• Measure the understanding and adoption of the targeted behaviors for at least one
selected audience and one selected topic.
• Track and maintain records of public education and outreach activities.
1.2 Current Activities
The City has an active public educational and outreach program regarding general
impacts of stormwater on surface waters with the following target audiences:
• The general public with an emphasis on school age children in science based
classrooms.
• Carpet cleaning, landscaping and automotive businesses.
• Residents /homeowners, apartment managers /owners.
• City development staff, land use planners, maintenance personnel and other City
employees.
• Led by Boeing Employees Credit Union (BECU), the City continues to support
Forterra, C.B. Richard Ellis and Tukwila businesses, in a "Restore the Duwamish
Shoreline Challenge" aimed at the removal of invasive plants within the riparian
zone area of the Duwamish River and replacing with native plantings.
• The City has a phone survey program that targets selected audiences that include
but not limited to the general public, automotive businesses, restaurants, and
property owners /managers. This program is used to help measure the public's
understanding of stormwater problems and guide the City's education and
outreach program.
• Track and maintain records of the City's public education and outreach activities.
1.3 Planned Activities
The City will conduct the following activities in 2014:
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• Continue with the City's educational program that began in 2012 targeting school
age children in science based classrooms addressing general impacts of
stormwater on surface waters.
• Target and educate carpet cleaning, landscape, and automotive businesses of the
impacts of associated pollutant generating activities.
• Continue training public works personnel including field staff, new employees,
and development review and planning department personnel relating to Low
Impact Development (LID) principals and LID Best Management Practices
(BMPs).
• Continue to conduct phone surveys of a targeted audience of 100. The City will
compare year to year survey results to help guide future education and outreach
programs.
• Continue to support existing stewardship programs currently in place. Continue to
offer informal environmental stewardship training when the opportunity presents
itself through hands -on restoration activities.
• Continue outreach efforts with the general public by posting NPDES updates in
the City's Tukwila Reporter newspaper and Hazelnut newsletter.
• Continue to track and maintain records of the City's public education and
outreach activities.
• Summarize this year's Public Education and Outreach" activities in the Annual
Report.
2. PUBLIC INVOLEMENT AND PARTICIPATION
2.1 Permit Requirements
The Permit (Section S5.C.2) requires the City to:
• Provide ongoing opportunities for public involvement and participation through
advisory councils, public hearings, watershed committees, participating in
developing rate - structures, SWMP development and implementation or other
similar activities.
• Make available and post the current SWMP Plan and annual report for the
previous years on the City's website no later than May 31 of each year. Make
available to the public all other documents to be submitted to DOE as required by
the Permit.
2.2 Current Activities
The City uses the following opportunities for Public Involvement and Participation:
• The public is invited to all City Council, Committee of the Whole, Utilities
Committee and workshops where input on NPDES Phase II related topics are
encouraged.
• The City maintains the most current SWMP Plan and Annual Report on its
NPDES web site. These documents are made available to the public upon request.
7
• Provide notices of upcoming workshops, in the City's local newspaper, the
Tukwila Reporter, Hazelnut newsletter, and City's NPDES webpage. In addition,
post notices at strategic locations such as City Hall, Public Works and
Community Development areas.
2.3 Planned Activities
The City will continue with the following Public Involvement and Participation activities
for 2014:
• Invite the public to participate in the decision making process involving the
development of rate structures, and implementation and update of the annual
SWMP through advisory councils, public meetings, watershed committees, and
participate in developing rate - structures.
• Invite the public to all City Council, Committee of the Whole, Utilities
Committee and workshops where input on NPDES Phase II related topics are
encouraged.
• The City will make available and update its website with current NPDES
information including the current SWMP and Annual Report on its website:
www.tukwilawa.gov /pubwks /npdes by May 31 of each year.
• Provide NPDES Phase II updates in the City's local newspaper and newsletter.
• Summarize this year's Public Involvement and Participation in the 2014 Annual
Report.
3. ILLICIT DISCHARGE DETECTION AND ELIMINATION
3.1 Permit Requirements
The Permit (Section S5.C.3) requires the City to:
• Implement an ongoing Illicit Discharge Detection and Elimination (IDDE)
program designed to prevent, detect, characterize, trace and eliminate illicit
connections and illicit discharges into our MS4.
• Periodically update the City's municipal storm sewer system map.
• Have an ordinance in place to effectively prohibit non - stormwater, illegal
discharges, and dumping into the City's MS4, including locating priority areas
likely to have illicit discharges.
• Implement an ongoing program designed to detect, identify and address non -
stormwater discharges, illicit connections, and spills. Include a field screening
process suitable for the City's MS4.
• Inform public employees, businesses, and the general public of hazards associated
with illegal discharges and improper waste disposal.
• Provide ongoing training to appropriate City employees on IDDE. Document
training events, staff attendance and maintain records of activities conducted to
meet Permit requirements.
• Track and document IDDE activities and summarize in the 2014 Annual Report to
DOE.
8
3.2 Current Activities
The City has an ongoing IDDE program in place that includes these current activities:
• The City maintains a geographic (GIS) mapping program. This information is
provided upon request to the public.
• The City has an ordinance and program in place that prohibits non - stormwater,
illegal discharges, and dumping into the City's MS4, including locating priority
areas likely to have illicit discharges.
• The City has an active IDDE inspection program that includes both private and
public stormwater facilities.
• The City has an advertised reporting phone number, (206) 433 -1860, where
illegal dumping and spills can be reported.
• The City provides information regarding the hazards associated with illegal
discharges and improper waste disposal to the general public, businesses and
public employees.
• The City has a Suds Safe Car Wash program which supplies the car wash kit to
Tukwila citizens for fund raising events held within the City limits.
• The City has an active inspection program that targets businesses with potential
pollution generating activities such as restaurants and automotive businesses.
• Appropriate training is provided to City employees on IDDE into the City's MS4.
The City maintains records of the training events.
• Track and document IDDE activities and summarize in the 2014 Annual Report.
3.3 Planned Activities
The City will continue all current IDDE activities and will implement the following
activities in 2014:
• Implement a field screening methodology appropriate to the characteristics of the
MS4 and water quality concerns.
• Provide and make available various brochures to help increase public awareness
of the City's stormwater issues.
• Review the City's spill hotline number, (206) 433 -1866, to determine if the
process is functioning as expected.
• Track and document IDDE activities and summarize in the 2014 Annual Report.
4. CONTROLLING RUNOFF FROM NEW DEVELOPMENT, REDEVLOPMENT
AND CONSTRUCTION SITES
4.1 Permit Requirements
The Permit (Section S5.C.4) requires the City to:
• Implement and enforce an ordinance or other mechanism that addresses
stormwater runoff and pollutant generating activities to its MS4 from any new
development, redevelopment, and construction site activities. This applies to both
private and public development, including roads.
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• Have in place a permitting process for residential and commercial site plan
review, inspection, and enforcement capability necessary to implement the
requirements of the Permit.
• Have provisions in place to verify adequate long -term operation and maintenance
(O &M) of new stormwater treatment and flow control BMPs /facilities permitted
and constructed. Establish maintenance standards that are as protective as those in
Chapter 4 of Volume V of the 2012 Stormwater Management Manual for Western
Washington by December 31, 2016.
• Make available and provide copies of the Notice of Intent (NOI) for Construction
or Industrial Activity of proposed new development and redevelopment
representatives.
• Ensure proper staff is trained to conduct inspection and enforcement as necessary
and provide follow -up training as needed to address changes in procedures,
techniques, or staffing. Record and maintain records of training provided and a
list of staff that have been trained.
• Review and revise the City's development codes, standards and specifications to
incorporate and require Low Impact Development (LID) principles and LID best
management practices (BMPs) as the preferred method for development by
December 31, 2016.
• Participate in watershed -scale stormwater planning under condition S5.C.5.c of
the Phase I Municipal Stormwater General Permit if required. At this time, King
County has not selected Tukwila as a participant in the watershed -scale
stormwater planning process.
• Track and document Controlling Runoff activities and summarize in the 2014
Annual Report.
4.2 Current Activities
The City has an active program to reduce pollutants in stormwater runoff from new
development, redevelopment, and construction sites that includes the following:
• The City implements the 2009 King County Surface Water Design Manual as
direction to address stormwater runoff and water quality for both public and
private projects, including roads.
• Make available "Notice of Intent (NOI) for Construction or Industrial Activity" to
representatives of proposed new development and redevelopment.
• All construction sites are inspected prior to start, during, and post construction.
This includes annual post - construction of all commercial and residential treatment
and flow control BMPs /facilities whereby maintenance responsibility, standards
and inspection procedures are addressed.
• Document and maintain records of all new development and redevelopment and
construction site activities, including inspections and enforcement actions.
• Long -term operation and maintenance of stormwater control and water quality
treatment is conducted.
• Field personnel are adequately trained to conduct construction site inspections.
• Track and document Controlling Runoff activities and summarize in the 2014
Annual Report.
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4.3 Planned Activities
The City will continue all current activities and will implement the following activities
for 2014:
• Begin process to review, revise and make effective development - related codes,
rules, standards, or other enforceable documents to incorporate and require LID
principles and LID BMPs.
• Prepare to adopt maintenance standards equivalent to the 2012 Stormwater
Management Manual for Western Washington.
• Track and document Controlling Runoff activities and summarize in the 2014
Annual Report.
5. POLLUTION PREVENTION AND OPERATION AND MAINTENANCE FOR
MUNICIPAL OPERATIONS
5.1 Permit Requirements
The Permit (Section S5.C.5) requires the City to:
• Implement an operations and maintenance program with the ultimate goal of
preventing or reducing pollutant runoff from municipal operations.
• Implement maintenance standards that are as or more protective, of facility
functions than those specified in Chapter 4 of Volume V of the 2012 Stormwater
Management Manual for Western Washington by December 31, 2016.
• Conduct annual inspections of all municipally owned or operated permanent
stormwater treatment and flow control BMPs /facilities, and conduct necessary
maintenance actions that will meet City adopted standards.
• Conduct spot checks, of City owned flow control and water quality facilities after
major storm events, and repair if needed or perform any necessary maintenance.
• Inspect all City owned catch basins and inlets at least once no later than August 1,
2017 and every two years thereafter. Clean catch basins if needed to comply with
adopted maintenance standards.
• Maintain compliance with an established inspection program designed to inspect
all sites, achieving at least 95% of inspections per requirements of the Permit.
• Implement an operations and maintenance (O &M) program with the ultimate goal
of preventing or reducing pollutant runoff from all lands owned or maintained by
the City, including but not limited to, streets, parking lots, roads, highways,
buildings, parks, open space, road right -of -ways, maintenance yards, and
stormwater treatment and flow control BMPs /facilities.
• Conduct ongoing training for employees whose primary construction operations
or maintenance job functions may impact stormwater. Document and maintain
records of training provided and the staff trained.
• Provide a Stormwater Pollution Prevention Plan (SWPPP) for all City owned or
operated heavy equipment maintenance or storage yards and material storage
yards. A schedule for implementation of structural BMPs and periodic inspections
shall be included in the SWPPP.
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• Maintain ongoing records of inspections, maintenance, or repairs conducted to
meet performance measures.
• Track and document O &M activities and summarize in the 2014 Annual Report.
5.2 Current Activities
The City's O &M program includes the following:
• Catch basins and conveyance system including flow and water quality facilities
are inspected and cleaned as necessary annually.
• Video inspection is conducted to help investigate illegal connections, discharges,
damaged and obstructed sections of pipe. Appropriate response and repairs are
conducted.
• Problem areas are inspected and problems corrected after every major rainfall
event.
• 0 & M training program and a SWPPP is in place at required locations.
• Track and document O &M activities and summarize in the 2014 Annual Report.
5.3 Planned Activities
The City has an active pollution prevention and operation and maintenance program
conducted by the City's Surface Water Maintenance Division and will conduct the
following activities in 2014:
• Perform ongoing inspection and necessary maintenance of all water quality and
flow control facilities, including catch basins owned and operated by the City.
• Perform necessary spot checks of known problem areas after major storm events.
• Continue with the City's street sweeping program helping to reduce the amount of
sediment and associated waste.
• Provide necessary training for City employees whose job functions may impact
stormwater.
• Document and maintain record of these activities.
• Review the current SWPPP for compliance and update as necessary.
• Continue with BMPs to reduce stormwater impacts associated with runoff from
all municipal owned properties and operations.
• Track and document O &M activities and summarize in the 2014 Annual Report.
6. COMPLIANCE WITH TOTAL MAXIMUM DAILY LOAD
REQUIREMENTS
The Permit (Section S7) requirements apply if an applicable Total Maximum Daily Load
(TMDL) is approved for stormwater discharges from MS4s owned or operated by the
Permittee. Applicable TMDLs are TMDLs which have been approved by EPA on or
before the issuance date of this Permit or prior to the date that Ecology issues coverage
under this permit, whichever is later. A TMDL is a calculation of the maximum amount
of a pollutant that a water body can receive and still safely meet water quality standards.
The DOE determines the reduction of pollutant discharge needed to be compliant with
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water quality standards. A TMDL has not been established for the City of Tukwila at this
time, consequently no action needed.
7. MONITORING AND ASSESSMENT
7.1 The Permit (Section S8) requires the City to:
• Notify DOE of its choice to independently conduct Status and Trends Monitoring
and Effectiveness Studies, or participate by paying annually into the Regional
Stormwater Monitoring Program (RSMP) that will be conducted by DOE.
• Pay into the RSMP to implement the Source Identification Information
Repository (SIDR) element of the RSMP.
• Track and Document additional monitoring conducted and summarize in the 2014
Annual Report.
7.2 Planned Activities
The City will meet the permit requirements by:
• Participate by choosing to pay into a collective fund and having DOE implement
the RSMP and provide Status and Trends Monitoring, and Effectiveness Studies.
Payments are due to DOE annually beginning August 15, 2014.
• Paying the required fee into a collective fund and having DOE implement the
RSMP and maintain the Source Identification Information Repository (SIDR).
Payments are due to DOE annually beginning August 15, 2014.
• Track and Document additional monitoring conducted and summarize in the 2014
Annual Report.
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CONCLUSION
On August 1, 2013, the City's new 5 -year term NPDES Phase II permit went into effect.
This Surface Water Management Program Plan has been prepared to demonstrate
compliance with the requirements of this current NPDES Phase II Permit. This SWMP
will be a working document with updates annually until the permit expires on July 31,
2018.
The City's Public Education and Outreach Program is an extension of the previous
permit term and will continue to grow with the planned activities.
The City will continue to reach out and encourage public involvement and participation
in the City's SWMP with the existing notification process already in place.
The City's IDDE Program is effectively in place, which includes a spill hotline, and will
be reviewed periodically to ensure performance measures are met.
The City currently implements the 2009 Surface Water Manual for controlling runoff
from new development, redevelopment, and construction sites. The City will continue to
encourage the use of LID techniques where applicable to mimic native vegetation.
The City's O &M is very active in all areas of compliance. It should be noted; new
maintenance standards are available in DOE's 2012 Stormwater Management Manual
for Western Washington and must be adopted by December 31, 2016.
TMDL requirements have not been determined by DOE to date. However, the City will
prepare for this requirement if and when it comes due.
The City chose to participate by paying into a RSMP collective fund and have DOE
administer and conduct the Monitoring and Assessment for this Permit term.
Additional information on the City's NPDES program can be found online at
http: / /www.tukwilawa.gov /pubwks /npdes.html.
The public is encouraged to participate in the development of the SWMP. Please contact
Greg Villanueva of the City of Tukwila's Public Works Department with questions,
comments, or ideas at:
Mail: Greg Villanueva, NPDES Coordinator
Department of Public Works
City of Tukwila
6300 Southcenter Blvd, Suite 100
Tukwila, WA 98188 -8548
Phone: 206 - 431 -2442
Email: greg.villanueva a,tukwilawa.gov
Website: www. tukwilawa .gov /pubwkds.npdes.html
W: \PW Eng \PROJECTS\A- DR Projects \NPDES Program (99341210) \2014 SWMP \2014 Final SWMP.doc
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City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Jim Haggerton
Utilities Committee
FROM: Bob Giberson, Public Works Director'I�`
BY: Frank Iriarte, Deputy Public Works Director
DATE: April 4, 2014
SUBJECT: Community Connectivity Consortium
Project No. 11201304
Resolution Modifying Resolution No. 1763
ISSUE
Approve new resolution modifying Resolution No. 1763.
BACKGROUND
On February 21, 2012, through Resolution No. 1763, Tukwila City Council approved the
Community Connectivity Consortium (CCC) Charter and adopted the Interlocal Agreement with
other entities in the Puget Sound region for creating and joining the Consortium.
The purpose of the Consortium is to acquire, construct, operate, manage and maintain a
regional communications network that meets the needs of community institutions, including
government agencies, hospitals, schools, and universities.
DISCUSSION
Since the formation of the Consortium, several fiber optic projects have been completed through
Project Agreements. During legal review of the Project Agreements affecting Tukwila, a few
operational and legal matters were raised. In light of the issues, the City's Special Legal
Counsel has recommended modifying Resolution 1763.
Attached is a draft modified resolution that clarifies the City's role with the Consortium and
addresses measures recommended by the City's Special Legal Counsel including:
• The Council's public purpose goal for joining the Consortium.
• Authorizing the Mayor to designate a non - exempt employee to act as the City's
representative and as a voting member on the CCC. Also, to designate one non - exempt
employee as an alternate.
• Delegation of authority to implement Consortium projects.
• Financing of projects.
RECOMMENDATION
Council is being asked to approve the Resolution that modifies Resolution No. 1763 for the
Community Connectivity Consortium and consider this item at the April 14, 2014 Committee of
the Whole Meeting and subsequent April 21, 2014 Regular Meeting.
Attachment: Draft Resolution Modifying Resolution No. 1763
W: \PW Eng\ PROJECTS \Communications \Community Connectivity Consortium \Info Memo - Resolution 1763 Modification.docx
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T
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, AUTHORIZING THE CITY'S
PARTICIPATION IN THE COMMUNITY CONNECTIVITY
CONSORTIUM AND MODIFYING RESOLUTION NO. 1763.
WHEREAS, the City of Tukwila is a member of the Community Connectivity
Consortium (CCC), a non -profit government corporation established for the purpose of
implementing a regional communications network as set forth in Resolution No. 1763
and the Interlocal Agreement Establishing the CCC with the City of Tukwila ( "Interlocal
Agreement "), adopted February 21, 2012; and
WHEREAS, the City Council desires to participate as a voting member of the CCC
and to participate in projects with the CCC; and
WHEREAS, the City Council desires to clarify its role with the CCC and implement
housekeeping measures recommended by staff and the City's legal counsel; and
WHEREAS, the City Council intends for this resolution to supplement and, where
necessary, modify Resolution No. 1763 and the Interlocal Agreement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Purpose. The purpose of the City of Tukwila's participation in the
Community Connectivity Consortium (CCC) is to efficiently and effectively use the City's
resources to acquire, construct, operate, manage and maintain a communications
network that promotes and supports public functions of the City and benefits City
residents, as authorized by RCW 35.21.730, RCW 39.34.030, and other applicable
laws.
Section 2. Participation; Designations of Representative and Subcommittee.
A. Voting Member. The City Council hereby approves of the City's participation
in the CCC as a "voting" member of the CCC, subject to the CCC's duly adopted
Charter and bylaws.
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Fl:bjs
Page 1 of 3
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B. Representative.
1. The Council authorizes the Mayor to designate a non - exempt employee to
act as the City Council's representative and a voting member on the CCC ( "the
Representative "), and one alternate non- exempt employee to replace the
Representative. The Mayor may remove the Representative and /or alternate from such
designation at the Mayor's discretion.
2. The City Council authorizes the Representative to:
(a) Work with the CCC on projects and administrative matters concerning
the CCC, and projects duly approved by the Mayor or the City Council; and
(b) Vote on administrative affairs of the CCC, including amendments or
clarifications of the CCC's Charter and bylaws, the CCC budget, and the day -to -day
affairs of the CCC.
3. The Representative is not authorized to decide or vote on matters that
directly or indirectly impact the City of Tukwila's budget, finances, projects or policies,
which matters shall be decided solely at the discretion of the City Council or the Mayor.
C. Committee Review. The City Council designates the Council's Utilities
Committee to gather information and report back to the Council regarding the CCC and
the Representative's activities. The Representative will file a written report with the
Utilities Committee at least once every six months regarding the City's activities with the
CCC.
Section 3. City Property.
A. Ownership. The City shall continue to own and manage all City property that
may be subject to projects with the CCC, including City rights -of -way, fiber, conduits
and other city assets ( "City Property "), unless otherwise expressly agreed to in writing
by the City and allowed by law. The City shall not transfer to the CCC the City's surplus
fiber or other assets unless otherwise expressly agreed to in writing and allowed by law.
B. CCC Use. The City may authorize the CCC and its members to use City
Property as authorized in writing by the City and allowed by law.
C. Private Party Use. The City may authorize private party use of City Property
provided such use complies with Tukwila Municipal Code Chapter 11.32 and other
applicable laws, and is duly approved by the City Council.
Section 4. Project Agreements. All agreements between the City and the CCC
or its members regarding use of City Property shall be reviewed by the City Council's
Utilities Committee, and approved by the City Council. If an agreement or project is
time sensitive, it may be brought directly to the City Council.
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Section 5. Non - delegation. The City Council does not delegate to the CCC any
of the Council's powers except as expressly set forth in Section 2, regarding the
Representative's authority.
Section 6. Manner of Financing; Budget. The City and the CCC shall maintain
separate finances and budgets unless expressly authorized in writing by the City
Council. The City will finance projects with the CCC as authorized by law. The City
Council authorizes the Mayor and the Public Works Director to expend such funds as
adopted in the City's budget for such purpose.
Section 7. This resolution supplements and is intended to be consistent with
Resolution No. 1763 and the Interlocal Agreement. In the event this resolution conflicts
with Resolution No. 1763 or the Interlocal Agreement, this resolution shall prevail, to the
extent allowed by law.
Section 8. Any act consistent with the authority and prior to the effective date of
this resolution is hereby ratified and affirmed.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of , 2014.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk De'Sean Quinn, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Shelley M. Kerslake, City Attorney
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