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Home My WebLink AboutCOW 2014-04-14 Item 4B - Resolution - Community Connectivity Consortium4,04, '',00,PONV COUNCIL AGENDA SYNOPSIS MeetinsDate Prepared l'j Mayor's review Council review 04/14/14 BG El Motion Mg Date 0J- 04/21/14 BG Ei Public Tlearing Mtg Date Ei Other AN Date Mg Date Ails Date 4/14/14 S1) ON S OR Council L Mayor HR E DCD J Finance • Fire IT J P&R Police 2 PlF SPONSOR'S Tukwila formally joined the Community Connectivity Consortium (CCC) through Resolution SUMMARY 1763. Since joining the CCC, City participated in joint fiber projects through CCC Project Agreements. During the legal review of Project Agreements, a few legal and operational issues were raised. In light of these issues, the City's Special Legal Counsel has recommended modifying Resolution 1763 to provide more clarity and specificity. The Council is being asked to consider and approve new resolution modifying Resolution 1763. REVIEWED BY E COW Mtg. CA&P Cmte 0 F&S Cmte El Transportation Cmte Cmte El Arts Comm. El Parks Comm. 0 Planning Comm. COMMITTEE CHAIR: COUNCIL MEMBER KRULLER A Utilities ITEM INFORMATION ITEM No. 4.B. CAS NUMBER: STAFF SPONSOR: FRANK IRIARTE ORR3 INA], AGENDA DATE: 04/14/14 AGENDA ITEM TITLE Community Connectivity Consortium - Resolution Modifying Resolution No. 1763 CAT] GORY PI Dircussion 04/14/14 El Motion Mg Date VI Resolution E ordinance Alt_g Date E Bid Award Aftg Date Ei Public Tlearing Mtg Date Ei Other AN Date Mg Date Ails Date 4/14/14 S1) ON S OR Council L Mayor HR E DCD J Finance • Fire IT J P&R Police 2 PlF SPONSOR'S Tukwila formally joined the Community Connectivity Consortium (CCC) through Resolution SUMMARY 1763. Since joining the CCC, City participated in joint fiber projects through CCC Project Agreements. During the legal review of Project Agreements, a few legal and operational issues were raised. In light of these issues, the City's Special Legal Counsel has recommended modifying Resolution 1763 to provide more clarity and specificity. The Council is being asked to consider and approve new resolution modifying Resolution 1763. REVIEWED BY E COW Mtg. CA&P Cmte 0 F&S Cmte El Transportation Cmte Cmte El Arts Comm. El Parks Comm. 0 Planning Comm. COMMITTEE CHAIR: COUNCIL MEMBER KRULLER A Utilities DATE: 4/7/14 RECOMMENDATIONS: spoNsoR/ADmIN. CommITTEk Public Works Approval to forward to 4/14/14 Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITUIW REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 04/14/14 MTG. DATE ATTACHMENTS 04/14/14 Informational Memorandum dated 04/8/14 Draft Resolution Minutes from the April 7, 2014 Utilities Committee Meeting 221 222 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Jim Haggerton Utilities Committee FROM: Bob Giberson, Public Works Director BY: Frank Mute, Deputy Public Works Director DATE: April 8, 2014 (updated) SUBJECT: Community Connectivity Consortium Project No. 11201304 Resolution Modifying Resolution No. 1763 (Revisions made after 4/7/14 Utilities Committee meeting) 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. To clarify issues discussed during the 4/7/14 Utilities Committee, changes were made to the original draft resolution. A new revised draft resolution showing the track changes is attached. RECOMMENDATION Council is being asked to consider this item at the April 14, 2014 Committee of the Whole Meeting and subsequent April 21, 2014 Regular Meeting. ATTACHMENT Resolution in draft form C:\Users\melissa-h\AppData \ Local \ Microsoft\ Windows\ Temporary Internet Files\Content.Outlook \IIRWBE3Y \Info Memo -Resolution 1763 Modification-4-8-14 Update.docx 223 224 AFT 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 City public functions of the City and benefits the City residentsof Tukwila, 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. W: \Word Processing \Resolutions \Community Connectivity Consortium clarification strike -thru 4 -8 -14 FI:bjs Page 1 of 3 225 B. Representative. 1. The Council authorizes the Mayor to employeeCity representative and an alternate to act as and a voting member on the CCC ( "the Representative ")., and one alternate non designate a non exempt 2. 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. W: \Word Processing \Resolutions \Community Connectivity Consortium clarification strike -thru 4 -8 -14 Fl:bjs 226 Page 2 of 3 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 W: \Word Processing \Resolutions \Community Connectivity Consortium clarification strike -thru 4 -8 -14 Fl:bjs Page 3 of 3 227 228 UTILITIES COMMITTEE Meeting Minutes April 7, 2014— 5:15 p.m. — Foster Conference Room, 6300 Building x~�^ '��_.1| ^7 K^��t�� X4��y%�/J Utilities Committee PRESENT Councilmembers: Kate Kru||er, Chair; Kathy HVug8rdy, Allan Ekberg Staff: Bob Giberson, Frank |rigrte. Greg Villanueva, Robin Tischmak, Ryan Larson, Mary Miotke, Laurel Humphrey CALL TO ORDER: Committee Chair Kruller called the meeting to order at 5:15 p.m, I. PRESENTATIONS U. BUSINESS AGENDA A. NPDES Program: 2O148tonnvvater Management Program (8VVMP) An updated NPDES Phase U permit was issued August 1, 2013 and will be in effect through July 31, 2018. As a requirement for this permit, staff has completed the comprehensive 2014 update to the 8VVMP. The SWMP will be used to direct NPDES activities for the year and will be posted online by May 51, 2014. Staff noted that the SWMP contains all of the required elements, including public education and nutreach, public involvement and portiCipahon, illicit discharge detection and e|imination, runoff control, and pollution prevention and operation and maintenance. The program elements listed have been budgsted, so there is no new financial impact. INFORMATION ONLY. B. Resolution: Modifying participation in Community Connectivity Consortium Staff is seeking Council approval of a resolution that would modify Resolution No. 1763 to update several items regarding Tukwila's participation in the Community Connectivity Consortium. These items came to light during legal review of some of the Project Agreements associated with the Consortium, are recommended by the City's Special Legal Counsel on this matter, and are described as follows: • Statement of the City's goal in joining the Consortium. • Authorization for the Mayor to designate a non-exempt employee to act as the City's representative and voting mennber, as well as establishes an alternate. • Delegation of authority to implement Consortium projects • Clarification of financial responsibilities. Committee Chair Kruller noted the language in Section B.1 of the proposed resolution that states 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..." and inquired if that was standard for both this type of agreement as well as for the other Cities that participate in the Consortium. Specifically, she would like to know if the other participating Cities are sending technical staff nn|y, or if there are Councilmembers that participate. Staff will provide a copy of the original Resolution No. 1763 as well as a list of Consortium participants prior to the Committee of the Whole discussion, and Committee Chair Kruller will note the findings in her report on this item. Utilities Committee Minutes April 7, 2014 - Page 2 The Committee also requested that in Section 1 "benefits City residents" will be amended to state "benefits the City of Tukwila." UNANIMOUS APPROVAL. FORWARD TO APRIL 14, 2014 COMMITTEE OF THE WHOLE. III. MISCELLANEOUS Councilmember Ekberg requested an update on the WSDOT activities on the slope along Klickitat Drive. Staff reported that WSDOT has been clearing trees and performing other slope stability measures. In addition staff will seek emergency repair funding for the elevated walkway. This information is also reported in the current City Administrator report. Committee Chair Kruller noted that she will report out on the mandatory garbage collection committee discussion at tonight's Regular meeting. Meeting adjourned at 5:53 p.m. Next meeting: Monday, April 21, 2014 — 5:15 p.m. — Foster Conference Room Minutes by LH. 230 Committee Chair Approval