2007/03/07 Council Agenda Packet

.x',q. t _ f %-'�TZr4s J11y'„.,41, � �yft k gJ'F k��'s. `L i �3 " ,�. d y ;: � *,� ErE TICIYS � GIL UVV�° � � � cK � WOa ;v -'' ‘44741/4'.1:!-.4 ,Ar4S0YitiV*415 ,5% JAske 7 PROJECT TITLE: An Interlocal Agreement among Consent COUNCIL BILL# 33 cities and Kitsap County to X Action Originating Department Legal engage Foster Pepper PLLC to First Reading Contact Person Ned Johnston provide legal services for legal Second Reading Phone Number 257-8727 challenges to the NPDES Phase II Third Reading FOR AGENDA OF March 7, 2007 regulation issued by the Public Hearing Department of Ecology of the Initialed by: •� State of Washington. Department Head ANIP CAA Council President L. Location Preceding Action Attachments Department(s) Approval Amount Budgeted Expenditure Required Account Number(s): Budget Remaining Additional Required DETAILED SUMMARY STATEMENT: The National Pollutant Discharge Elimination System Phase II (NPDES) is required under provisions of the Federal Clean Water Act. The Department of Ecology has adopted Standards thereunder that may impose costly burdens on landowners, including the cities and County that are signatories to this Interlocal Agreement as well as possible costly legal challenges to the signatories as a result of their enforcement of the Standards. The signatories are joining together in this Interlocal Agreement to retain outside counsel, Foster Pepper PLLC, to represent the signatories' interests in any legal challenges to the NPDES Phase II permits. The costs and fees shall be shared equally by all signatories. The City of Bellevue is authorized to be lead agency for administration of the Agreement. RECOMMENDATION (Exact action requested of Council): Authorize the Mayor to execute the Interlocal Agreement among 33 cities and Kitsap County to engage Foster Pepper PLLC to provide legal services for legal challenges to the NPDES Phase II regulation issued by the Department of Ecology of the State of Washington. 32