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Interlocal Agreement for Regional Planning of the Central Puget Sound AreaINTERLOCAle AGREEMENT FOR_JREGIONAL PLANNING OF THE CENTRAL PUGET SOUND AREA This Agreement is entered into by and between the undersigned Counties, Cities and Towns, political subdivisions and municipal corporations of the State of Washington and federally recognized Indian tribes. This Agreement is made pursuant to provisions of the Interlocal Cooperation Act of 1967, Chapter 39.34 R.C.W. and has been authorized by the legislative body of each jurisdiction pursuant to formal action as designated on the signature page. I. NAME AND PURPOSE The purpose of this Agreement is to establish the PUGET SOUND REGIONAT COUNCIL, hereinafter called the "Regional Planning Agency," and the terms and conditions under which the parties shall participate in the activities of the Regional Planning Agency. II. MISSION The mission of the Regional Planning Agency is to preserve and enhance -the..quality of life in the central Puget Sound area. In so doing, it shall prepare, adopt, -And maintain goals, policy, and standards for regional transportation and regional growth management in the central Puget Sound area, in accordance with federal and state law and based on local comprehensive plans of jurisdictions within the region. The agency shall ensure implementation in the region of the provisions of state and federal law which pertain to regional transportation planning and regional growth management. III. ESTABLISHMENT OF REGIONAL PLANNING AGENCY; DURATION This Agreement shall become effective upon execution by sixty (60) percent of all of the units of general government in King, Kitsap, Pierce, and Snohomish Counties, >- V including the counties, representing three-quarters (3/4) of the population. This Agreement shall remain in force and effect perpetually or until terminated by member agencies which represent seventy-five (75) percent of the regional population. IV. DEFINITIONS For the purpose of this Interlocal Agreement and all other agreements, contracts and documents executed, adopted or approved pursuant to this Agreement, the following terms shall have meaning prescribed to them within this section unless the context of their use dictates otherwise: (1) Member agency shall mean any public agency which is a party or becomes a party to this Interlocal Agreement and is a county, city, town or federally recognized Indian tribe. (2) Fublic agency shall mean any city, town, county, public utility district, port district, fire protection district, school district, air pollution control authority, federally recognized Indian tribe, or metropolitan municipal corporation of this State, any agency of the State government or of the United States and any political subdivision of another state. (3) Board shall mean the Executive Board of the Puget Sound Regional Council. (4) State shall mean a state of the United States. (5) on shall mean that territory physically lying within the boundaries of the counties of King, Pierce, Snohomish, Kitsap and any other member county. (6) Population shall mean that population of any general purpose local government that is a member agency last determined for each such member as certified by the State Office of Financial Management or its succeeding office of the State of Washington at the time of the signing of this document and on the first day of May of each year thereafter, except that the population of member counties shall be that population determined in the same manner for the unincorporated area of such 2 county; and further that the population of Indian tribes shall be the latest figures established and certified by the Federal Bureau of Indian Affairs. (7) Regional population shall be determined by adding together the population of the member agencies. (8) Local comprehensJve-p-1an: A generalized coordinated land use policy statement of the governing body of a county or city that is adopted pursuant to state law. (9) Countywide comprehensive policy_plan: A policy -based document (which reflects city and county comprehensive plans), establishing countywide goals and objectives to guide the development of local comprehensive plans for cities, towns, and the unincorporated areas within a county. The plan addresses. issues Qf countywide significance. (10) Certification: A statement of verification that local or countywide plans and policies are consistent and coordinated with regional plans and policies covering issues of regionwide significance. (11) Consistency: A condition in which plans and policies affecting the area within the regional agency's jurisdiction are compatible and mutually reinforcing. Consistency is achieved when these plans, taken together, meet state requirements for consistency in local and regional plans. (12) Conflict resolution: A process initiated by the Regional Planning Agency upon review of local comprehensive plans or of countywide comprehensive policy plans, when the agency finds that such a plan appears inconsistent with the certifiable elements of the regional plan. In the process, parties agree to seek a mutually acceptable accommodation of their differences among themselves or, when required, with the assistance of an independent intervener or third party. The purpose of the process is to achieve consistency and, where applicable, to assure certification of the plan. If the parties cannot accommodate their differences, 3 �� .. f .. + ,., • �� � J i• Tt. !•. f k the conflict will be resolved by the board of hearing examiners described in Section 7(5) hereof. (13) Goal: Statement of an aim or desired outcome of a plan or planning process. (14) Growth management: A system for guiding, directing, limiting, and encouraging growth so that the demands for housing, infrastructure, and other growth support systems can be met. Growth management includes but goes beyond concern for natural systems, embracing also social, economic, and legal issues. At its best, a growth management system can and will separate urban and rural areas in a way that protects open space, farmland, and natural areas in the rural countryside, and provides for land, densities, and infrastructure to support•needed residential, commercial, and industrial facilities. (15) Metropolitan Planning ❑rganization (MPO): The agency designated by the United States Department of Transportation and the governor that is responsible,in cooperation with the State, for ensuring that transportation planning is conducted through a "continuous, cooperative, and comprehensive (3-C) process." The process is stipulated in federal law. (16) Minimum standard: The quantitative or qualitative measure applied to an activity, task,or function to determine if the region is achieving expectations for a planning objective. Higher standards may be set for the same objective in local plans. (17) Objective: Statement of a concrete result to be obtained from a plan. (16) policy/Guidelines: A statement establishing the framework within which actions to achieve objectives can be taken. A policy often specifies direction but is broad enough to allow alternatives to be evaluated. (19) Regional growth management strategy: A planning document that establishes a vision and policy on regional aspects of growth issues, including transportation, land use, open space, housing, economic development, and environmental concerns. 4 ,,. i :. (20) Eg gionaljy significant transportation projects: As defined by state law, such projects exhibit one or more of the following characteristics: 1. The project crosses boundaries of member jurisdictions; 2. The project is or will be used by a significant number of people who live or work outside the county in which the project is located; 3. Significant impacts from the project are expected to be felt in more than one county; 4. Potentially adverse impacts of the project can be better avoided or mitigated through adherence to regional policies; 5. Transportation needs addressed by the project have been identified -by the regional transportation planning process and the remedy is deemed to have regional significance. (21) Tonal Transl2ortation Plgnning 0 zatian R P❑ : An agency authorized under state law to develop and adopt a regional transportation plan, and to certify that the transportation elements of local comprehensive plans conform to requirements of state law and are consistent with the regional transportation plan. In urbanized areas, the RTPO is the same as the MPO. (22) a s'.t"ve areas: These include the following areas and ecosystems: wetlands, groundwater aquifers, fish and wildlife habitat conservation areas, floodplains, .geologically hazardous areas. (23).Setting categories of priorities: An annual or biennial evaluation by thP_ regional agency of regionally significant transportation projects recommended for funding. Evaluation is made on the basis of general criteria, to establish regional preference for federal and state funding and construction among the recommended projects. 5 .. _ — — — i - + cr: s (24) Urban _groWth_areas: As defined in state law, areas within which urban growth shall be encouraged and outside of which growth can occur only if it is not urban in nature. (25) on: Statement of a desired future. V. MEMBERSHIP AND REPRESENTATION A. Membership. Membership in the Regional Planning Agency shall be available to the County and all City governments in King, Kitsap, Pierce, and Snohomish Counties and is established by execution of this Agreement and payment of dues. 1. All federally recognized Indian Tribes within the jurisdiction area are eligible to petition for approval as members of the agency, with voting representation in the General Assembly. 2... Special purpose governments and State government agencies are eligible to petition for approval as members of the organization, but without voting representation in the General Assembly. B. General Assembly. 1. The General Assembly shall be composed of all elected officials representing the executive and legislative branches of cities, towns, and counties which are members of the agency, and of representatives of Tribal governments which are members. 2_ The General Assembly shall make decisions when a quorum is present, and on the basis of a weighted vote of the jurisdictions. The weight of each jurisdiction's vote will be proportional to the total population within the regional agency's jurisdiction. r-1 a C. Executive Board. 1. The Executive Board shall be composed of members of the General Assembly, representing the four counties and their cities. 2. Membership and votes for jurisdictions represented on the Board will be proportional to the total population within the regional agency's jurisdiction. Up to one vote in any membership category may be split to achieve greater proportional representation. Initially, the Board membership and votes shall be established as follows: Jurisdiction Members King County: County 4 Largest City (Seattle) 3 Other Cities/Towns 3 Kitsap County: County 1 Cities/Towns 1 Pierce County: County 2 Largest City (Tacoma) 2 Other Cities/Towns 1 Snohomish County: County 2 Largest City (Everett) 1 Other Cities/Towns 1 Totals: 21 Votes 4 3 3 3. The distribution of representation on the Board between and within counties shall be reconsidered every three years based on current population data ,provided by the State Office of Financial Management. 4. Members of the Board shall be elected officials and shall be appointed by the local jurisdictions which they represent on the Board. Alternate representatives to the Board may be designated who are elected officials and are of the same number as the authorized Board membership for each jurisdiction or group of jurisdictions. 7 - `" a 5. Members of the Board eligible to cast votes in the decision -making process of the Board shall be designated by the jurisdictions they represent at the beginning of each calendar year. VI. GENERAL ORGANIZATION A. The agency shall be organized into a General Assembly, consisting of all voting members of the organization, an Executive Board of representatives of the voting members, and advisory boards and task forces as established by the Board. B. The General Assembly shall meet annually and otherwise at the request of the Board to elect officers from the Executive Board, and to review and ratify key decisions of the Board, such as the annual budget of the agency and essential.policy. documents, including the regional transportation plan and regional growth management strategy and amendments to them. C. The Executive Board, which has been appointed to represent member agencies, shall carry out all delegated powers and 'managerial and administrative responsibilities between the meetings of the full Assembly. D. Rey policy boards to advise the Executive Board on recommended changes in policy or new direction on regional transportation and regional growth management will be created by the Board. 1. As directed by state law, the Board will establish a regional Transportation Policy Board to provide advice on regional aspects of transportation issues to the Executive Board and participate in agency policy making. It will include representatives of large and small employers in the region, the Washington State Department of Transportation (WSDOT), transit and port districts in the region, representatives of community and neighborhood organizations and other interest groups, and citizens at large, as well as representatives of cities, towns, and counties which are members of the organization. 8 �. _ _ J _ � !` , 2. A regional growth management board will be similarly constituted and provide policy advice on regional aspects of growth management issues. E. The Board shall establish such other standing committees or task forces as may be required to provide advice and recommendations to the Board. F. The Board shall hire an Executive Director who shall be subject to direction of the Board. The Executive Director shall hire necessary staff consistent with the agency's annual budget. The Board is authorized to contract for professional services to meet other support needs that may arise and otherwise enter into contracts and acquire, hold and dispose of personal and'real,property as necessary. VII. FUNCTIONS/AUTHORITY A. Transportation. In meeting its responsibilities for regional transportation planning, the Agency shall: 1_ Produce a Regional Transportation Plan (RTP), as prescribed by federal and state law and regulations and based on local comprehensive planning. The RTP will establish planning direction for regionally significant transportation projects, as defined in state law and shall be consistent with the regional growth management strategy. The RTP will cover major highways and roads, regional transportation connectors (bridges and tunnels), ferry systems, public transit systems, airports, seaports, and other regional transportation facilities. It will address transportation system demand management, levels of service, and capital investments. 9 The RTP will also include regional High -Capacity Transportation (HCT) plans, and impacts of urban growth on effective HCT planning and development, as prescribed in state law. 2. Through the RTP, establish regional transportation policy and, in cooperation with the state transportation department, set minimum standards for state government to integrate in its transportation planning and for local governments to reflect and include in the preparation of transportation elements of local comprehensive plans. 3. Carry out MPO functions as prescribed for federally funded projects in the region. These functions include preparation of an RTP, an annual work program, and a six -year capital plan (with an annual element). As an MPO, manage right-of-way preservation proposals for highway and high -capacity transportation development to assure conformance with the RTP and associated regional development strategies. 4. Carry out -RTPO functions as prescribed by state law. These functions include preparation of an RTP covering regionally significant transportation projects, as well as these other functions mandated by state law: a. Certify that transportation elements of local comprehensive plans are consistent with the regional transportation plan. b. Certify that transportation elements of comprehensive plans adopted by counties, cities, and towns conform with comprehensive planning provisions of state law. c. Certify that all transportation projects within the region that have a significant impact upon regional facilities or services are consistent with the RTP. 10 • 2 } f _ i A d. In cooperation with the State Department of Transportation, identify and jointly plan improvements and strategies within those corridors which are important to moving people and goods on a regional or statewide basis. 5. In the case of certification of transportation elements of all local comprehensive plans for consistency with the Regional Transportation Plan (RTP), the Board shall direct staff to review plans and recommend certification. If staff does not recommend certification because of inconsistencies with the RTP, the local government(s) involved shall be notified, and the affected party or parties may appeal the staff recommendation to -the' Board for resolution. Upon receipt of an appeal, the Board will direct that a board of hearing examiners be constituted from the membership of the Executive Board to resolve the conflict, establishing consistency with the RTP, and allowing for certification. 6. Determine categories for priorities for the region among recommended regionally significant transportation projects, and forward those priorities to the State Department of Transportation for review in the development of state transportation funding programs. 7_ Review and comment in the NEPA/SEPA process on proposed actions with potential significant impact on the implementation of the RTP. B. Growth M8pagem_e_nt. The agency shall maintain VISION 2020 as the adopted regional growth management strategy. The regional growth management strategy shall be based on and developed from local comprehensive planning and address only regional issues including transportation, open space, air and water quality, economic development and regional facilities. 11 n y; r �� r r � + _ • C. gountyWide Comprehensive Plans. One year after adoption of this Agreement, a process for the regional review of countywide plans (which reflect city and county comprehensive plans) for consistency with the adopted regional growth strategy and/or the regional transportation plan shall be considered by the governing Board of the new Regional Council. D. RegionaJ ➢ata Base DeyeloVment. The agency shall provide for establishment and maintenance of a regional data base to: 1. Support development of the RTP and regional growth management strategy; 2. Forecast and monitor economic, demographic, and travel conditions in the region; 3. Develop the data base jointly with relevant state agencies for use in the region by local governments and the State of Washington. 4. Respond to data prepared by the State Office of Financial Management. E. Technical Assistanon. As requested, the agency shall provide technical assistance to local, state and federal governments through regional data collection and forecasting services, consistent with the mission► aitd functions of"the agency. In addition, the agency may provide general planning assistance, consistent with the mission and functions of the agency, to small cities and towns which -are members of the agency and which request help to complete planning work they are unable'to staff or fund. F. Discussion forum. The agency may provide a forum for discussion among local and state officials and other interested parties of common regional issues. 12 - r r: .. r ;s . ��.: VIll. RELATIONSHIP OF REGIONAL PLANNING AGENCY TO LOCAL AND STATE GOVERNMENTS A. Planning.preparation: In a collaborative process with citizens of the region, interested groups and organizations, and local, regional and state government, the regional agency prepares the RTP and a regional growth management strategy. After public review and adoption by the Regional Planning Agency, these documents establish a vision and goals for growth and mobility in the central Puget Sound region. The RTP and the regional growth management strategy are based on direction of. state law and based on and developed from local comprehensive plans'. IX. FUNDING OF AGENCY ADMINISTRATION/OPERATIONS A. State pnd Federal Fundin . Appropriations from the State through'WSDOT•to :the Regional Planning Agency are to be provided as defined and authorized'in state law. The Board is authorized to seek additional state funding as may be necessary. The agency will receive federal assistance through Urban Mass Transportation Administration (UMTA), Federal Highway Administration (FHVK) , and Federal Aviation Administration (FAA) Airports Systems planning funds., and other Appropriate federal sources. B. Lacal_Funding. All local general purpose governments within the agency's area of jurisdiction shall pay dues, as established by the Board, based proportionally on a formula to include population and size of general fund budgets of member jurisdictions. 13 y �l �l C. Qthex Funding. The agency Board may contract on a fee -for -service basis with non-member agencies which request special services and with member agencies which may seek additional services. D. The Board shall establish the annual budget and the amount of dues necessary to support the functions of the Regional Planning Agency. Dues will be paid on July 1 of each year. X. AMENDMENTS A. Amendments to this Agreement may be proposed by any city or county and shall be considered by all members upon recommendation by the Board. The Agreement shall be amended by adoption of affirmative resolutions by all of the prior signators.. B. In the event 60 percent of all units of general government in King, Kitsap, Pierce, and Snohomish counties, including the counties, representing at least seventy-five percent of the regional population become signators to a new agreement involving substantially the same subject matter as this Agreement, this Agreement shall terminate. XI. MERGER This Agreement merges and supersedes all prior discussions, representations andjor agreements between the parties relating to the subject matter of this, Agreement and constitutes the entire contract between the,parties. 14 ,. i' _ � _ _ _ _ _ _ .•. _ _ _ _ _ _ � � _ I._. _ � � _ _ r. � ... .. t ::<� X11. WITRDRAWALS; DISSOLUTION A. Except as provided, any member agency shall have the right to withdraw from this Interlocal Agreement by giving written notice, six months prior to the annual assessment, to the Executive Board_ B_ The member counties and major cities that are parties to this Interlocal Agreement agree that withdrawal will not absolve them of responsibility for meeting financial and other obligations of annual contracts or agreements which exist between the State of Washington or the federal government and the Regional Planning Agency at the time of withdrawal. C. Upon termination of this Agreement any money or assets in possession of the Regional Planning Agency after payment of all liabilities, costs,.expenses, charges validly incurred under this agreement, shall be returned to all contributing governments in proportion to their assessment determined at the time of termination. The debts, liabilities, and obligations of the Regional Planning Agency shall not constitute a debt, liability or obligation of any member agency. XIII. SEVERAHiLITY If any of the provisions of this Agreement are held illegal, invalid or.une"nforceable., the remaining provisions shall remain in full force and effect. 15 } I' 1, KIV. STATE RELATIONSHIP A copy of this Agreement shall be filed with the State Department of Community Development. IN WITNESS WHEREOF, this Agreement has been executed by each party on the date set forth below: LW VPJAUGHTEN, Mayor Ci y o Edmonds ATTEST: , r ACQUEtINE G. PARR TT, City Clerk Jam"--(S—%/ APPROVED AS FORM: SCOTT S NYDER, Ci ty Attorney Date: /c; Approved as to Form: Deputy Prosecutor or City Attorney 16 _ A, ADDENDUM TO INTERLOCAL AGREEMENT FOR REGIONAL PLANNING OF THE CENTRAL PUGET SOUND AREA Nothing in the agreement shall be construed to mean that any external fund- ing which a member is eligible to receive (for example, FADS funds), would be disbursed through or otherwise controlled by the Puget Sound Regional Council, other than review and certification of projects for consistency. CITY OF r ATTEST: _ r CQU LINE G. PAR E T, City Clerk s_1s—Al/ APPR VED AS TO FORM: W. SCO T SNYDER, Vy Attorney SOUND RET40 ATTEST: NCIL 2/27/'::r2 APPROVED AS TO FORM: :!' .. .. r _- s .. AMENDMENT TO THE INTERLOCAL AGREEMENT FOR REGIONAL PLANNING OF THE CENTRAL PUGET SOUND AREA This amendment is entered into by and between the undersigned counties, cities and towns, political subdivisions and municipal corporations of the State of Washington and federally recognized Indian Tribes. This amendment is made pursuant to provisions of the Interlocal Cooperation Act of 1967, Chapter 39.34 R.C.W. and has been authorized by the legislative body of each jurisdiction pursuant to format action as designated on the signature page_ Section V. MEMBERSHIP AND REPRESENTATION B. General Assembly paragraph 2 shall be replaced with the following language 2_ The General Assembly shall present, and on the basis jurisdictions with the wei follows- Tot make decisions when a -,quorum is of a weighted vote of the ght of each jurisdiction vote as votes of all each counter will be proportional to each county_'s share of the regional population_ County government will be entitled to fifty (50) percent of their respective county's total vote__ city and town votes will be based on their respective share of the total incorporated population of their county. Indian Tribe vote will be based on their respective share of the regions` population_ Section V. MEMBERSHIP AND REPRESENTATION C_ Executive Board paragraph 2 shall be amended to read 2_ The Executive Board shall make decisions when a cruorum is present. Membership and votes for jurisdiction represented on the Board will be proportional to the total population within the regional agency's jurisdiction. Up to one vote in any membership category may be split to achieve greater proportional representation_ Weighted votes shall be distributed as defined in Section V_ B. 2. Weighted votes shall be used when requested by any member of the Executive Board and Representatives present shall cast the iurisdiction's total weighted voted. Initially, the Board membership and voting structures_ shall be established as follows: o 60 h � 4 � i• v' Member Wei hted J risai-ciion Representatives votes votes King County: County 4 4 275 Largest City (Seattle) 3 3 144 Other Cities/Towns 3 3 131 Kit -sap County: County 1 1/2 35 Cities/Towns 1 1/2 35 Pierce County: County 2 2 105 Largest City (Tacoma) 2 1-1/2 75 Other Cities/Towns 1 1/2 30 Snohomish County: County 2 2 85 Largest City (Everett) 1 1 29 Other Cities/Towns 1 1 56 TOTALS: 21 19- 1000 IN WITNESS WHEREOF, this amendment has been executed by each par the a e t fo th below: Puget nd Regidbmtl Counci 0ofE en, Mavor e5 �- - Date: ATTEST: 1 Jacqueline G. Parrett, City Clerk APPROVED AS TO FORM: Scott Snyd , City Attorney 2 Puget Sound Regional Counc MEMORANDUM To: City Clerks, Member Jurisdictions From: Sylvia Nelson, Executive Secretary Subiect: Addendum to Tnterlocal Agreement RECEIVED FEB 2 1 EDMONDS ci RK February 17, 1995 Attached is a copy of an administrative addendum to the Puget Sound Regional Council Interlocal Agreement for Regional Planning in the Central Puget Sound Area, dated March 11, 1993. This addendum shows the current weighted votes for member agency jurisdictions represented on the Executive Board. This action was taken by the Executive Board on October 27, 1994, to reflect the most recent Office of Financial Management (OFM) population figures, per Article V, Section 3. Every three years (by October 1) the Executive Board will reconsider the distribution of county and city representation on the Executive Board. If you have any questions please feel free to contact Mark Gulbranson, Director of Administrative Services. 1011 Western Avenue, Suite 500 , Seattle, Washington 98104-1035 0 (206) 464-7090 - FAX 587-4825 (�) ADDENDUM EXECUTIVE BOARD REPRESENTATIVES AND VOTES NOTE: The following Puget Sound Regional Council Weighted votes have been changed by Administrative Addendum to this Interlocal Agreement in action taken by the Executive Board, October 27, 1994, to reflect the most recent Office of Financial Management (OFM) population figures, per Article V, Section 3. Every three years (by October 1) the Executive Board will reconsider the distribution of county and city representation on the Executive Board. The current weighted votes for member agency jurisdictions represented on the Executive Board are as follows: Member Representatives Votes New Jurisdiction Weighted Votes King County County 4 4 268.5 Largest City (Seattle) 3 3 130.6 Other Cities/Towns 3 3 137.9 Kitsap County County 1 1/2 36 Cities/Towns 1 1/2 36 Pierce County County 2 2 109 Largest City (Tacoma) 2 1-1/2 76 Other Cities/Towns 1 1/2 33 Snohomish County 2 2 86.5 County Largest City (Everett) 1 1 27 Other Cities/Towns 1 1 59.5 Member Jurisdiction Totals 21 19 1000 Statutory Port of Seattle 1 1 50 Members: Port of Tacoma 1 1 30 Port of Everett 1 1 10 State Transportation Commission 1 1 30 State Department of Transportation 1 1 30 Statutory Member Totals 5 5 150 GRAND TOTALS 26 24 1150 14 PUGET SOUND REGIONAL COUNCIL INTERLOCAL AGREEMENT FOR REGIONAL PLANNING IN THE CENTRAL PUGET SOUND AREA MARCH 11, 1993 This agreement revised the "Interlocal Agreement for Regional Planning of the Central Puget Sound Area," dated September 30, 1991, pursuant to Article X, Section B. _ n r E • � �I r • I I I I I � �1 • INTERLOCAL AGREEMENT FOR REGIONAL PLANNING OF THE CENTRAL PUGET SOUND AREA This Agreement is entered into by and between the undersigned Counties, Cities and Towns, political subdivisions and municipal corporations of the State of Washington and federally recognized Indian tribes. This Agreement is made pursuant to provisions of the Interlocal Cooperation Act of 1967, Chapter 39.34 R.C.W. and has been authorized by the legislative body of each jurisdiction pursuant to formal action as designated on the signature page. I. NAME AND PURPOSE The purpose of this Agreement is to establish the PUGET SOUND REGIONAL COUNCIL, hereinafter called the "Regional Planning Agency," and the terms and conditions under which the parties shall participate in the activities of the Regional Planning Agency. II. MISSION The mission of the Regional Planning Agency is to preserve and enhance the quality of life in the central Puget Sound area. In so doing, it shall prepare, adopt, and maintain goals, policy, and standards for regional transportation and regional growth management in the central Puget Sound area, in accordance with federal and state law and based on local comprehensive plans of jurisdictions within the region. The agency shall ensure implementation in the region of the provisions of state and federal law which pertain to regional transportation planning and regional growth management. III. ESTABLISHMENT OF REGIONAL PLANNING AGENCY; DURATION This. Agreement shall become effective upon execution by sixty (60) percent of all of the units of general government in King, Kitsap, Pierce, and Snohomish Counties, including the counties, representing three-quarters (3/4) of the population. This Agreement shall remain in force and effect perpetually or until terminated by member agencies which represent seventy-five (75) percent of the regional population. IV. DEFINITIONS For the purpose of this Interlocal Agreement and all other agreements, contracts and documents executed, adopted or approved pursuant to this Agreement, the following terms shall have meaning prescribed to them within this section unless the context of their use dictates otherwise: (1) Member agency shall mean any public agency which is a party or becomes a party to this Interlocal Agreement and is a county, city, town or federally recognized Indian tribe. (2) Statutory member shall mean any public agency whose membership is required by a state or federal statute. (3) Public agency shall mean any city, town, county, public utility district, port district, fire protection district, school district, air pollution control authority, federally recognized Indian tribe, or metropolitan municipal corporation of this State, any agency of the State government or of the United States and any political subdivision of another state. (4) Board shall mean the Executive Board of the Puget Sound Regional Council. (5) State shall mean a state of the United States. (6) Region shall mean that territory physically lying within the boundaries of the counties of King, Pierce, Snohomish, Kitsap and any other member county. (7) Population shall mean that population of any general purpose local government that is a member agency last determined for each such member as certified by the State Office of Financial Management or its succeeding office of the State of Washington at the time of the signing of this document and on the first day of May of each year thereafter, except that the population of member counties shall be that population determined in the same manner for the unincorporated area of such county; and further that the population of Indian tribes shall be the latest figures established and certified by the Federal Bureau of Indian Affairs. (8) Regional population shall be determined by adding together the population of the member agencies. (9) Local comprehensive plan: A generalized coordinated land use policy statement of the governing body of a county or city that is adopted pursuant to state law. 2 (10) Countywide comprehensive policy plan: A policy -based document (which reflects city and county comprehensive plans), establishing countywide goals and objectives to guide the development of local comprehensive plans for cities, towns, and the unincorporated areas within a county. The plan addresses issues of countywide significance. (11) Certification: A statement of verification that local or countywide plans and policies are consistent and coordinated with regional plans and policies covering issues of regionwide significance. (12) Consistency: A condition in which plans and policies affecting the area within the regional agency's jurisdiction are compatible and mutually reinforcing. Consistency is achieved when these plans, taken together, meet state requirements for consistency in local and regional plans. (13) Conflict resolution: A process initiated by the Regional Planning Agency upon review of local comprehensive plans or of countywide comprehensive policy plans, when the agency finds that such a plan appears inconsistent with the certifiable elements of the regional plan. In the process, parties agree to seek a mutually acceptable accommodation of their differences among themselves or, when required, with the assistance of an independent intervener or third party. The purpose of the process is to achieve consistency and, where applicable, to assure certification of the plan. If the parties cannot accommodate their differences, the conflict will be resolved by the board of hearing examiners described in Section 7(5) hereof. (14) Goal: Statement of an aim or desired outcome of a plan or planning process. (15) Growth management: A system for guiding, directing, limiting, and encouraging growth so that the demands for housing, infrastructure, and other growth support systems can be met. Growth management includes but goes beyond concern for natural systems, embracing also social, economic, and legal issues. At its best, a growth management system can and will separate urban and rural areas in a way that protects open space, farmland, and natural areas in the rural countryside, and provides for land, densities, and infrastructure to support needed residential, commercial, and industrial facilities. (16) Metropolitan Planning Organization (MPOj: The agency designated by the United States Department of Transportation and the governor that is responsible,in cooperation with the State, for ensuring that 3 transportation planning is conducted through a "continuous, cooperative, and comprehensive (3-C) process." The process is stipulated in federal law. (17) Minimum standard: The quantitative or qualitative measure applied to an activity, task,or function to determine if the region is achieving expectations for a planning objective. Higher standards may be set for the same objective in local plans. (18) Objective: Statement of a concrete result to be obtained from a plan. (19) Policy/Guidelines: A statement establishing the framework within which actions to achieve objectives can � be taken. A policy often i specifies direction but is broad enough to allow alternatives iatives to be evaluated. (20) Regional growth management strafe .y: A planning document that establishes a vision and policy on regional aspects of growth issues, including transportation, land use, open space, housing, economic development, and environmental concerns. (21) Regionally significant transportation projects: As defined by state law, such projects exhibit one or more of the following characteristics: 1. The project crosses boundaries of member jurisdictions; 2. The project is or will be used by a significant number of people who live or work outside the county in which the project is located; 3. Significant impacts from the project are expected to be felt in more than one county; 4. Potentially adverse impacts of the project can be better avoided or mitigated through adherence to regional policies; 5. Transportation needs addressed by the project have been identified by the regional transportation planning process and the remedy is deemed to have regional significance. (22) Reclional Transportation Planning Organization (RTPO1: An agency authorized under state law to develop and adopt a regional transportation plan, and to certify that the transportation elements of local comprehensive plans conform to requirements of state law and are consistent with the regional transportation plan. In urbanized areas, the RTPO is the same as the MPO. (23) Sensitive areas: These include the following areas and ecosystems: wetlands, groundwater aquifers, fish and wildlife habitat conservation areas, floodplains, geologically hazardous areas. 4 (24) Setting categories of priorities: An annual or biennial evaluation by the regional agency of regionally significant transportation projects recommended for funding. Evaluation is made on the basis of general criteria, to establish regional preference for federal and state funding and construction among the recommended projects. (25) Urban growth areas: As defined in state law, areas within which urban growth shall be encouraged and outside of which growth can occur only if it is not urban in nature. (26) Vision: Statement of a desired future. V. MEMBERSHIP AND REPRESENTATION A. Membershi . Membership in the Regional Planning Agency shall be available to all statutory members and to the County and all City governments in King, Kitsap, Pierce, and Snohomish Counties. Membership by county and city governments is established by execution of this Agreement and payment of dues. 1. All federally recognized Indian Tribes within the jurisdiction area are eligible to petition for approval as members of the agency, with voting representation in the General Assembly. 2. Special purpose governments and other State government agencies are eligible to petition for approval as members of the organization, but without voting representation in the General Assembly. B. General Assembly. 1. The General Assembly shall be composed of all elected officials representing the executive and legislative branches of cities, towns, and counties which are members of the agency, representatives of Tribal governments which are members, and representatives of statutory members. 2. The General Assembly shall make decisions when a quorum is present, and on the basis of a weighted vote of the members, with the weight of each city and county jurisdiction vote as follows: total votes of all city and county jurisdictions within each county will be proportional to each county's share of the regional population. County government will be entitled to fifty (50) percent of their respective county's total vote. City and town votes will be based on their respective share of 5 the total incorporated population of their county. Indian Tribe vote will be based on their respective share of the regions' population. The vote of statutory members shall be as prescribed in the applicable statute or as determined by the Executive Board where the applicable statute is silent on the matter of voting. C. Executive Board. 1. The Executive Board shall be composed of statutory members and members of the General Assembly, representing the four counties and their cities. 2. The Executive Board shall make decisions when a quorum is present. Votes for member agency jurisdictions represented on the Board will be proportional to the total population within the regional agency's jurisdiction. Up to one vote in any such membership category may be split to achieve greater proportional representation. Votes for statutory members shall be as prescribed in the applicable statute or as determined by the Executive Board where the applicable statute is silent. Weighted votes shall be distributed as defined in Section V.B.2. Weighted votes shall be used when requested by any member of the Executive Board and Representatives present shall cast the jurisdiction's total weighted votes. Initially, the Board membership and voting structures shall be established as follows: Member Weighted Jurisdiction Representatives Votes Votes King County: County 4 4 275 Largest City (Seattle) 3 3 144 Other Cities/Towns 3 3 131 Kitsap County: County 1 1 /2 35 Cities/Towns 1 1 /2 35 Pierce County: County 2 2 105 Largest City (Tacoma) 2 1-1/2 75 Other Cities/Towns 1 1 /2 30 Snohomish County County 2 2 85 Largest City (Everett) 1 1 29 Other Cities/Towns 1 1 56 Member Jurisdiction Totals 21 19 1000 Statutory Members: Port of Seattle 1 1 50 Port of Tacoma 1 1 30 Port of Everett 1 1 10 State Transportation Commission 1 1 30 State Department of Transportation 1 1 30 Statutory Member Totals 5 5 150 GRAND TOTALS 26 24 1150 3. The distribution of county and city representation on the Board between and within counties shall be reconsidered every three years based on current population data provided by the State Office of Financial Management. 4. Member agency representatives on the Board shall be elected officials and shall be appointed by the local jurisdictions which they represent on the Board. Alternate member agency representatives to the Board may be designated who are elected officials and are of the same number as the authorized Board membership for each jurisdiction or group of jurisdictions. Appointment of statutory members and alternates shall be at the discretion of the appointing authority. 5. Members of the Board eligible to cast votes in the decision -making process of the Board shall be designated by the jurisdictions they represent at the beginning of each calendar year. VI. GENERAL ORGANIZATION A. The agency shall be organized into a General Assembly, consisting of all voting members of the organization, an Executive Board of representatives of the voting members, and advisory boards and task forces as established by the Board. B. The General Assembly shall meet annually and otherwise at the request of the Board to elect officers from the Executive Board, and to review and ratify key decisions of the Board, such as the annual budget of the agency and essential policy documents, including the regional transportation plan and regional growth management strategy and amendments to them. 7 C. The Executive Board shall carry out all delegated powers and managerial and administrative responsibilities between the meetings of the full Assembly. D. Key policy boards to advise the Executive Board on recommended changes in policy or new direction on regional transportation and regional growth management will be created by the Board. 1. As directed by state law, the Board will establish a regional Transportation Policy Board to provide advice on regional aspects of transportation issues to the Executive Board and participate in agency policy making. It will include representatives of large and small employers in the region, the VVIdbh:__tU_ State Department epartmeit oif Ta_ Sportativikn 'SDOT), transit and port districts in the region, representatives of community and neighborhood organizations and other interest groups, and citizens at large, as well as representatives of cities, towns, and counties which are members of the organization and such statutory members as may be required from time to time. 2. A regional growth management board will be similarly constituted and provide policy advice on regional aspects of growth management issues. E. The Board shall establish such other standing committees or task forces as may be required to provide advice and recommendations to the Board. F. The Board shall hire an Executive Director who shall be subject to direction of the Board. The Executive Director shall hire necessary staff consistent with the agency's annual budget. The Board is authorized to contract for professional services to meet other support needs that may arise and otherwise enter into contracts and acquire, hold and dispose of personal and real property as necessary. VII. FUNCTIONS/AUTHORITY A. Transportation. In meeting its responsibilities for regional transportation planning, the Agency shall: 1. Produce a Regional Transportation Plan (RTP), as prescribed by federal and state law and regulations and based on local comprehensive planning. The RTP will establish planning direction for regionally significant transportation projects, as defined in state law and shall be consistent with the regional growth management strategy. The RTP will cover major highways and roads, regional transportation connectors (bridges and tunnels), ferry systems, public transit systems, airports, seaports, and other regional transportation facilities. It will address transportation system demand management, levels of service, and capital investments. The RTP will also include regional High -Capacity Transportation (HCT) plans, and impacts of urban growth on effective HCT planning and development, as prescribed in state law. 2. Through the RTP, establish regional transportation policy and, in cooperation with the state transportation department, set minimum standards for state government to integrate in its transportation planning and for local governments to reflect and include in the preparation of transportation elements of local comprehensive plans. Carry out MPO functions as prescribed for federally funded projects in the region. These functions include preparation of an RTP, an annual work program, and a six -year capital plan (with an annual element). As an MPO, manage right-of-way preservation proposals for highway and high -capacity transportation development to assure conformance with the RTP and associated regional development strategies. Carry out RTPO functions as prescribed by state law. These functions include preparation of an RTP covering regionally significant transportation projects, as well as these other functions mandated by state law: a. Certify that transportation elements of local comprehensive plans are consistent with the regional transportation plan. b. Certify that transportation elements of comprehensive plans adopted by counties, cities, and towns conform with comprehensive planning provisions of state law. c. Certify that all transportation projects within the region that have a significant impact upon regional facilities or services are consistent with the RTP. d. In -cooperation with -the State Department of Transportation, identify and jointly plan improvements and strategies within those corridors which are important to moving people and goods on a regional or statewide basis. 5. In the case of certification of transportation elements of all local comprehensive plans for consistency with the Regional Transportation Plan (RTP), the Board shall direct staff to review plans and recommend certification. If staff does not recommend certification because of inconsistencies with the RTP, the local government(s) involved shall be notified, and the affected party or parties may appeal the staff recommendation to the Board for resolution. Upon receipt of an appeal, the Board will direct that a board of hearing examiners be constituted from the membership of the Executive Board to resolve the conflict, establishing consistency with the RTP, and allowing for certification. 6. Determine categories for priorities for the region among recommended regionally significant transportation projects, and forward those priorities to the State Department of Transportation for review in the development of state transportation funding programs. 7. Review and comment in the NEPA/SEPA process on proposed actions with potential significant impact on the implementation of the RTP. B. Growth Management. The agency shall maintain VISION 2020 as the adopted regional growth management strategy. The regional growth management strategy shall be based on and developed from local comprehensive planning and address only regional issues including transportation, open space, air and water quality, economic development and regional facilities. C. Countywide Comprehensive Plans. One year after adoption of this Agreement, a process for the regional review of countywide plans (which reflect city and county comprehensive plans) for consistency with the adopted regional growth strategy and/or the regional transportation plan shall be considered by the governing Board of the new Regional Council. D. Rectional Data Base Development. The agency shall provide for establishment and maintenance of a regional data base to: Support development of the RTP and regional growth management strategy; 10 2. Forecast and monitor economic, demographic, and travel conditions in the region; 3. Develop the data base jointly with relevant state agencies for use in the region by local governments and the State of Washington. 4. Respond to data prepared by the State Office of Financial Management. E. Technical Assistance. As requested, the agency shall provide technical assistance to local, state and federal governments through regional data collection and forecasting services, consistent with the mission and functions of the agency. In addition, the agency may provide general planning assistance, consistent with the mission and functions of the agency, to small cities and towns which are members of the agency and which request help to complete planning work they are unable to staff or fund. F. Discussion Forum. The agency may provide a forum for discussion among local and state officials and other interested parties of common regional issues. Vill. RELATIONSHIP OF REGIONAL PLANNING AGENCY TO LOCAL AND STATE GOVERNMENTS A. Planning re ar tion: In a collaborative process with citizens of the region, interested groups and organizations, and local, regional and state government, the regional agency prepares the RTP and a regional growth management strategy. After public review and adoption by the Regional Planning Agency, these documents establish a vision and goals for growth and mobility in the central Puget Sound region. The RTP and the regional growth management strategy are based on direction of state law and based on and developed from local comprehensive plans. IX. FUNDING OF AGENCY ADMINISTRATION/OPERATIONS A. State and Federal Funding. Appropriations from the State through WSDOT to the Regional Planning Agency are to be provided as defined and authorized in state law. The Board is authorized to seek additional state funding as may be necessary. The agency will receive federal assistance through Urban 11 Mass Transportation Administration (UMTA), Federal Highway Administration (FHWA), and Federal Aviation Administration (FAA) Airports Systems .planning funds, and other appropriate federal sources. B. Local Fundina. Dues of member agencies, statutory members and associate members shall be established by the Executive Board. All city and county members shall pay dues, as established by the Board, based proportionally on a formula to include their population and their assessed valuation. C. Other Fundincl. The agency Board may contract on a fee -for -service basis with non-member agencies which request special services and with member agencies which may seek additional services. D. The Board shall e3tahligh tho annual budriet and the amount of dues necessary to support the functions of the Regional Planning Agency. Dues will be paid on July 1 of each year. X. AMENDMENTS A. Amendments to this Agreement may be proposed by any city or county and shall be considered by all members upon recommendation by the Board. The Agreement shall be amended by adoption of affirmative resolutions by all of the prior signators. B. In the event 60 percent of all units of general government in King, Kitsap, Pierce, and Snohomish counties, including the counties, representing at least seventy-five percent of the regional population become signators to a new agreement involving substantially the same subject matter as this Agreement, this Agreement shall terminate. XI. MERGER This Agreement merges and supersedes all prior discussions, representations and/or agreements between the parties relating to the subject matter of this Agreement and constitutes the entire contract between the parties. 12 XII. WITHDRAWALS; DISSOLUTION A. Any member shall have the right to withdraw from this Interlocal Agreement by giving written notice, six months prior to the annual assessment, to the Executive Board. B. The members agree that withdrawal will not absolve them of responsibility for meeting financial and other obligations of annual contracts or agreements which exist between the State of Washington or the federal government and the Regional Planning Agency at the time of withdrawal. C. Upon termination of this Agreement any money or assets in possession of the Regional Planning Agency after payment of all liabilities, costs, expenses, charges validly incurred under this agreement, shall be returned to all contributing governments in proportion to their assessment determined at the time of termination. The debts, liabilities, and obligations of the Regional Planning Agency shall not constitute a debt, liability or obligation of any member agency. XIII. SEVERABILITY If any of the provisions of this Agreement are held illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. XIV. STATE RELATIONSHIP A copy of this Agreement shall be filed with the State Department of Community Development. IN WITNESS WHERE reement has been executed by each party on the date set forth below: Co -Lin ember Jim -Street, resident Title: ypr Attest API LZ�, ,MUM Date:'/� -1-- A d as For 11,! D p y rosecutor City Attorney 13 —— . — —--— __ — __-- —— —— —— —--_ -- -----_----'--___ — -- 5c — / �