Drafter
Clerk 04/02/2026
Title
AN ORDINANCE relating to organization of administrative offices and executive departments; and amending Ordinance 17402, Section 1, and K.C.C. 2.10.400, Ordinance 12550, Section 2, as amended, and K.C.C. 2.14.020, Ordinance 18665, Section 6, and K.C.C. 2.15.030, Ordinance 18665, Section 8, as amended, and K.C.C. 2.15.100, Ordinance 12075, Section 3, as amended, and K.C.C. 2.16.025, Ordinance 18793, Section 3, as amended, and K.C.C. 2.16.036, Ordinance 11955, Section 5, as amended, and K.C.C. 2.16.055, Ordinance 18086, Section 2, as amended, and K.C.C. 2.16.136, Ordinance 12076, Section 38, as amended, and K.C.C. 2.21.040, Ordinance 19770, Section 4, and K.C.C. 2.31.030, Ordinance 17699, Section 2, as amended, and K.C.C. 2.36.100, Ordinance 12901, Section 3, as amended, and K.C.C. 2.41.030, Ordinance 18811, Section 1, and K.C.C. 2.42.150, Ordinance 18798, Section 2, as amended, and K.C.C. 2.47.010, Ordinance 12058, Section 9, as amended, and K.C.C. 2.55.010, Ordinance 18653, Section 3, and K.C.C. 2.78.020, Ordinance 18653, Section 8, and K.C.C. 2.78.070, Ordinance 16077, Section 4, as amended, and K.C.C. 2.130.010, Ordinance 19008, Section 7, as amended, and K.C.C. 2.150.050, Ordinance 12014, Section 32, as amended, and K.C.C. 3.12.350, Ordinance 12943, Section 14, as amended, and K.C.C. 3.12A.020, Ordinance 18757, Section 4, as amended, and K.C.C. 3.12D.020, Ordinance 8658, Section 1, as amended, and K.C.C. 3.16.040, Ordinance 14287, Section 5, as amended, and K.C.C. 3.16.055, Ordinance 12076, Section 2, as amended, and K.C.C. 4.04.020, Ordinance 12076, Section 35, as amended, and K.C.C. 4.10.050, Ordinance 17293, Section 90, as amended, and K.C.C. 4A.10.495, Ordinance 12045, Section 23, as amended, and K.C.C. 4A.100.040, Ordinance 17929, Section 20, as amended, and K.C.C. 4A.100.070, Ordinance 17929, Section 21, as amended, and K.C.C. 4A.100.080, Ordinance 620, Section 4, as amended, and K.C.C. 4A.100.100, Ordinance 12076, Section 4, as amended, and K.C.C. 4A.110.010, Ordinance 17930, Section 13, as amended, and K.C.C. 4A.130.020, Ordinance 15556, Section 3, as amended, and K.C.C. 4A.200.190, Ordinance 19841, Section 1, and K.C.C. 4A.200.213, Ordinance 19786, Section 1, and K.C.C. 4A.200.266, Ordinance 18662, Section 5, and K.C.C. 4A.200.317, Ordinance 18938, Section 1, and K.C.C. 4A.200.405, Ordinance 15961, Section 1, as amended, and K.C.C. 4A.200.570, Ordinance 17527, Section 69, and K.C.C. 4A.200.580, Ordinance 12076, Section 27, as amended, and K.C.C. 4A.200.590, Ordinance 14596, Section 1, as amended, and K.C.C. 4A.200.620, Ordinance 10159, Section 14, as amended, and K.C.C. 6.27A.120, Ordinance 13981, Section 2, as amended, and K.C.C. 12.17.010, Ordinance 13981, Section 4, as amended, and K.C.C. 12.17.030, Ordinance 13981, Section 5, as amended, and K.C.C. 12.17.040, Ordinance 13981, Section 6, as amended, and K.C.C. 12.17.050, Ordinance 13981, Section 7, as amended, and K.C.C. 12.17.060, Ordinance 13981, Section 8, as amended, and K.C.C. 12.17.070, Ordinance 13981, Section 9, as amended, and K.C.C. 12.17.080, Ordinance 13981, Section 10, as amended, and K.C.C. 12.17.090, Ordinance 7430, Section 2, as amended, and K.C.C. 12.18.020, Ordinance 7430, Section 4, as amended, and K.C.C. 12.18.040, Ordinance 7430, Section 5, as amended, and K.C.C. 12.18.050, Ordinance 7430, Section 6, as amended, and K.C.C. 12.18.060, Ordinance 7430, Section 7, as amended, and K.C.C. 12.18.070, Ordinance 7430, Section 8, as amended, and K.C.C. 12.18.080, Ordinance 15399, Section 17, as amended, and K.C.C. 12.18.085, Ordinance 7430, Section 9, as amended, and K.C.C. 12.18.090, Ordinance 13263, Section 52, as amended, and K.C.C. 12.18.097, Ordinance 19762, Section 12, and K.C.C. 12.18B.030, Ordinance 5280, Section 2, as amended, and K.C.C. 12.20.020, Ordinance 5280, Section 4, as amended, and K.C.C. 12.20.070, Ordinance 5280, Section 5, as amended, and K.C.C. 12.20.080, Ordinance 5280, Section 6, as amended, and K.C.C. 12.20.090, Ordinance 10469, Section 11, as amended, and K.C.C. 12.20.095, Ordinance 5280, Section 7, as amended, and K.C.C. 12.20.100, Ordinance 5280, Section 9, as amended, and K.C.C. 12.20.120, Ordinance 10469, Section 13, as amended, and K.C.C. 12.20.122, Ordinance 10469, Section 14, as amended, and K.C.C. 12.20.124, Ordinance 10469, Section 16, as amended, and K.C.C. 12.20.133, Ordinance 13263, Section 53, as amended, and K.C.C. 12.20.150, Ordinance 8625, Section 2, as amended, and K.C.C. 12.22.020, Ordinance 8625, Section 4, as amended, and K.C.C. 12.22.040, Ordinance 8625, Section 5, as amended, and K.C.C. 12.22.050, Ordinance 8625, Section 6, as amended, and K.C.C. 12.22.060, Ordinance 8625, Section 7, as amended, and K.C.C. 12.22.070, Ordinance 8625, Section 8, as amended, and K.C.C. 12.22.080, Ordinance 15399, Section 59, as amended, and K.C.C. 12.22.085, Ordinance 8625, Section 9, as amended, and K.C.C. 12.22.090, Ordinance 15399, Section 54, as amended, and K.C.C. 12.22.095, Ordinance 13147, Section 27, as amended, and K.C.C. 20.18.110, Ordinance 4461, Section 2, as amended, and K.C.C. 20.22.040, Ordinance 19881, Section 164, and K.C.C. 21A.08.055, Ordinance 10870, Section 337, as amended, and K.C.C. 21A.08.100, Ordinance 14045, Section 30, as amended, and K.C.C. 21A.14.225, Ordinance 16267, Section 62, as amended, and K.C.C. 21A.28.154, Ordinance 17287, Section 3, as amended, and K.C.C. 21A.55.105, and Ordinance 8867, Section 1, as amended, and K.C.C. 26.12.010 and repealing Ordinance 15378, Section 6, as amended, and K.C.C. 1.36.060.
Body
PREAMBLE:
The King County charter bestows on the executive the authority and the duty of supervising all administrative offices and executive departments established by the charter or created by the county council.
Under K.C.C. 2.16.025, the county executive manages the office of performance, strategy and budget, the office of labor relations, the office of climate, the office of economic opportunity and creative economy, and the office of equity, racial, and social justice.
King County executive Girmay Zahilay was sworn in on November 25, 2025, with a stated commitment to strengthen how King County delivers important services.
As part of that commitment, the county executive's office is being reorganized to eliminate the office of performance, strategy and budget, the office of labor relations, the office of climate, the office of economic opportunity and creative economy, and the office of equity, racial, and social justice.
The county executive's office will now work together as one cohesive unit to integrate the principles of equity, social, and economic justice into all decisions, and enable collaboration, advance priorities, and deliver services in the best way possible.
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Ordinance 17402, Section 1, and K.C.C. 2.10.400 are hereby amended to read as follows:
A. The ((county's office of performance, strategy and budget)) executive's office shall review municipal proposals for intergovernmental financing partnerships that, if the eligibility criteria in subsection B. of this section are satisfied, would support the development of an interlocal agreement for the county to issue bonds in support of municipally-sponsored development and construction of civic or cultural facilities with regional benefit.
B. The executive's office ((of performance, strategy and budget)) shall apply the following criteria in evaluating a proposal for an intergovernmental financing partnership for the development and construction of civic or cultural facilities as provided for in subsection A. of this section:
1. Only municipalities in King County are eligible to be a partner city;
2. The proposed project must be located in the partner city;
3. The proposed project must serve a county purpose and be determined to have broad regional benefit;
4. The partner city must establish and identify the available secured revenue sources for the proposed project;
5. The county's contribution shall be limited to an amount that can reasonably be supported by the established or identified available tax revenues or other secured revenues identified by the partner city, and shall be in an amount that is appropriate for the specific circumstances of the proposal. County debt shall be used only if the county has determined that its participation in the project with the partner city project would be consistent with the county's debt policies and would not adversely impact the county's bond rating or finances;
6. The partner city must enter into an interlocal agreement with the county. The interlocal agreement may further establish the roles and responsibilities of the partner city and the county, including the financing, management, ownership, communication, oversight and accountability mechanisms that may be required by the county as the basis for its participation in the partner city's project;
7. The proceeds from the county bond issuance may only be used for the project's development and construction. The bond proceeds may not be used for a facility's operations;
8. The partner city shall cover all county costs associated with the bond issuance;
9. The project must satisfy all environmental requirements; and
10. The project must receive all necessary permitting approvals.
SECTION 2. Ordinance 12550, Section 2, as amended, and K.C.C. 2.14.020 are hereby amended to read as follows:
A. King County is committed to managing its public records as a countywide resource and in a manner that:
1. Is efficient and economical;
2. Promotes open government and an informed citizenry;
3. Protects individual privacy; and
4. Meets county record retention and disposition standards.
B. A public records committee is hereby established. The public records committee shall:
1. Advise the council and the executive on county public records policies, including both paper and electronic records; these policies must include policies for posting records on county web sites;
2. Provide guidance on the planning and implementation of a countywide records storage management plan and a countywide electronic records management system;
3. Advise county agencies on their use of digital communication technology and serve as a forum for sharing and discussing information about the county's use of such technology; and
4. Submit a report containing the following information by August 15 of each year in the form of a paper original and an electronic copy to the clerk of the council, who shall retain the original and provide an electronic copy of the report to all councilmembers, the council chief of staff, and the lead staff for the council's government accountability and oversight committee or its successor. The report shall include:
a. a description of the forms of digital communication that are in use by each county agency;
b. for each form of digital communication that is in use by an agency, a description of the methods used by the agency to retain records of digital communication to meet applicable record retention requirements; and
c. for each form of digital communication that is in use by an agency, a description of the methods used by the agency to search records of digital communication to meet applicable public record disclosure requirements;
d. the report required by the public records committee charter adopted by Motion 12511, which provides a summary of the activities of the public records committee in relation to the charter goals, and programmatic and policy recommendations as to how King County can best manage, preserve and provide access to its public records; and
e. all agency reports submitted to the chair of the public records committee required by K.C.C. 2.12.300 that describe each agency's performance in responding to public records requests during the preceding calendar year.
C. The director of the records and licensing services division or the director's designee shall be the chair of the public records committee. The public records committee shall include representatives of a broad range of county departments and elected agencies, including at a minimum the following:
1. The council;
2. The prosecuting attorney's office;
3. The sheriff's office;
4. The assessor's office;
5. The department of elections;
6. ((Office of performance, strategy and budget)) The executive's office;
7. The executive branch's senior public records officer;
8. The department of information technology's director of web-based services technology; and
9. Each executive department.
SECTION 3. Ordinance 18665, Section 6, and K.C.C. 2.15.030 are hereby amended to read as follows:
A.1. King County and all its contractors shall provide free interpretation and translation services as required by this chapter to limited-English-proficient persons. When a limited-English-proficient person seeks or receives benefits or services from a local agency, office, or contractor, the agency, office, or contractor shall make reasonable efforts provide prompt interpretation services in all interactions with the person, whether the interaction is done remotely or in person. King County agencies and offices shall either employ sufficient qualified bilingual employees or contract with remote language services to provide interpretation services in languages spoken by limited-English-proficient county residents.
2. The agency, office or contractor shall meet its obligation to provide prompt interpretation services for purposes of this subdivision by ensuring that limited-English-proficient persons do not have to wait unreasonably longer to receive assistance than persons who do not require interpretation services. King County agencies shall provide support to contractors to meet the requirements of this section.
3. Where an application or form administered by King County requires completion in English by a limited-English-proficient person for submission to a local, state, or federal authority, King County or its contractor shall make reasonable efforts to provide oral interpretation of the application or form as well as acknowledgement by the limited-English-proficient person that the form was translated and completed by an interpreter. King County agencies shall provide support to contractors to meet the requirements of this section.
B. King County agencies and offices shall develop language assistance plans that identify which of its vital documents and public communication materials need to be translated into languages for use by limited-English-proficient persons. The plans should also include identification of agency or office plans for providing translation of webpages, automated telephonic greetings, automated telephonic voice messages, and informational signage. The threshold for the translation of vital documents and public communication materials shall be based on the top six languages identified by the tier map of limited-English-proficient persons maintained by the executive's office ((of equity and social justice)) and the county demographer.
SECTION 4. Ordinance 18665, Section 8, as amended, and K.C.C. 2.15.100 are hereby amended to read as follows:
A person who has been injured or otherwise sustained damages as a result of a violation of this chapter may file a complaint with the ((King County office of equity and racial and social justice)) civil rights program in accordance with K.C.C. 12.22.040.
SECTION 5. Ordinance 12075, Section 3, as amended, and K.C.C. 2.16.025 are hereby amended to read as follows:
A. The county executive shall manage and be fiscally accountable for ((the office of performance, strategy, and budget, the office of labor relations, the office of climate, the office of economic opportunity and creative economy, and the office of equity and racial and social justice.)) the following functions:
((B. The office of performance, strategy, and budget functions and responsibilities shall include, but not be limited to:))
1. Planning, preparing, and ((managing, with emphasis on fiscal management and control aspects,)) management of the county's operating and capital ((project)) budgets;
2. Monitoring revenues and ((preparing forecasts not produced by the office of economic and financial analysis)) expenditures;
3. ((Monitoring expenditures and work programs;
4.))Developing and preparing expenditure plans and ordinances to manage the implementation of the operating and capital ((project)) budgets throughout the fiscal period;
((5.)) 4. Formulating and implementing financial policies regarding revenues and expenditures for the county and other applicable agencies;
((6. Performing program analysis, and contract and performance evaluation review;
7. Developing and transmitting to the council, concurrent with the proposed budget for the fiscal period, supporting materials consistent with K.C.C. chapter 4A.100;
8. Performance management and accountability:
a.)) 5. ((p))Providing leadership, guidance, and coordination of the executive branch performance management and accountability system;
((b. overseeing the development of strategic plans and operational plans for each executive branch department and office;
c. overseeing monitoring of the performance management and accountability system, including review of operational and budgetary performance;
d. developing and using community-level indicators and agency performance measures to monitor and evaluate the effectiveness and efficiency of each executive branch department and office; and
e. overseeing the production of an annual performance report for the executive branch;
9. Interagency coordination:
a. coordinating and staffing executive initiatives across departments and agencies;
b. facilitating interdepartmental, interagency and interbranch teams on multidisciplinary issues;
c. negotiating interlocal agreements as designated by the executive; and
d. serving as the liaison to the boundary review board for King County;
10. Leading the county's continuous improvement activities;
11. Leading the county's regional planning work, including:
a.)) 6. ((c))Coordinating the county's participation in multicounty planning at the Puget Sound Regional Council, including serving on the Puget Sound Regional Council's regional staff committee;
((b.)) 7. ((c))Coordinating countywide planning at the Growth Management Planning Council consistent with the Washington state Growth Management Act, including leading the Growth Management Planning Council's interjurisdictional staff team in accordance with the interlocal agreement authorized by King County Motion 8495;
((c. Managing updates to the county's Comprehensive Plan in coordination with the department of local services in accordance with K.C.C. Title 20;
d. coordinating the development of demographic and growth forecasting data and information including census data, growth targets, and buildable lands;
e. facilitating annexations and joint planning with cities, including developing annexation proposals, drafting interlocal agreements, and serving as the liaison to the boundary review board for King County; and
f. coleading with the department of local services's permitting division, an interbranch regional planning team that supports the council and executive through the provision of information and data, development of policy proposals and options for regional issues related to growth management, economic development, and transportation. Participation in the interbranch regional planning team shall include executive, department, and council staff as designated by the respective branches; and
12.a. In the case of deaths that are subject to an inquest under Section 895 of the King County Charter or RCW 36.24.020 that is investigating the causes and circumstances of the deaths and that involve a member of a law enforcement agency within King County, develop and administer a program by which the county shall select attorneys to provide legal representation at public expense to the family participating in an inquest, regardless of the income level of the members of the family. However:
(1) legal representation shall not be provided if the family does not wish to be represented by the attorneys selected under the program; and
(2) legal representation shall be limited to preparation for the inquest and participation during the inquest and shall not include any representation for the purpose of potential related civil litigation.
b. For the purposes of this subsection B.12.:
(1) "A member of a law enforcement agency" means a commissioned officer or noncommissioned staff of a local or state police force, jail, or corrections agency; and
(2) "Family" refers to the group of those individuals determined by the person conducting the inquest to have a right to participate as the family of the decedent.
C. The office of labor relations functions and responsibilities shall include:
1.)) 8. Representing county agencies in the collective bargaining process as required by chapter 41.56 RCW;
((2. Developing and maintaining databases of information relevant to the collective bargaining process;
3.)) 9. Representing county agencies in labor arbitrations, appeals, and hearings including those in chapter 41.56 RCW and required by K.C.C. Title 3, in collaboration with the department of human resources;
((4.)) 10. Administering labor contracts and providing consultation to county agencies regarding the terms and implementation of negotiated labor agreements, in collaboration with the department of human resources;
((5. Advising the executive and council on overall county labor policies; and
6. Providing resources for labor relations training for county agencies, the executive, the council, and others, in collaboration with the department of human resources.
D. The office of climate functions and responsibilities shall include:
1.)) 11. Coordinating the integration of climate change into county operations ((in partnership with executive branch departments and offices, King County cities, partners, communities, and residents;
2. Advising the executive and council on climate-related policies, programs, and activities; and
3. Leading)) and fostering climate innovation among county agencies((.));
((E. The office of economic opportunity and creative economy functions and responsibilities shall include:
1. Coordinating the county's efforts to develop a strong equitable economy that creates opportunities for all residents;
2.)) 12. Developing and implementing strategies to promote economic revitalization ((and)), equitable development((; and)),
((3. Assisting communities and businesses in creating economic opportunities, promoting)) a diversified economy, and ((promoting)) family-wage job creation((.)); and
((F. The office of equity and racial and social justice functions and responsibilities shall include:
1. Defining the county's equity and racial and social justice outcomes with communities most affected by inequities;
2. Developing the county's strategies, practices, systems, and processes to achieve equity and racial and social justice outcomes;
3. Providing strategic consultation to county agencies, and the communities they serve, to achieve equity and racial and social justice outcomes;
4. Assisting county agencies to fulfill their responsibility to achieve equity and racial and social justice outcomes; and
5. Operating the civil rights program, which shall include the following duties:
a.)) 13. Operating the county's civil rights program which includes enforcing the county's nondiscrimination ordinances as codified in K.C.C. chapters 12.17, 12.18, 12.20, and 12.22((;)), and coordinating county responses to issues involving the Americans with Disabilities Act of 1990, the Civil Rights Act Title VI, and investigating complaints filed under the Civil Rights Act Title VI.
((b.)) a. assisting departments in complying with the federal Americans with Disabilities Act of 1990, the federal Rehabilitation Act of 1973, Section 504, and other legislation and rules regarding access to county programs, facilities, and services for people with disabilities; and
((c. serving as the county Americans with Disabilities Act Title II coordinator relating to public access;
((d.)) b. providing staff support to the county civil rights commission((;
e. serving as the county federal Civil Rights Act Title VI coordinator; and
f. coordinating county responses to federal Civil Rights Act Title VI issues and investigating complaints filed under Title VI)),
G.)) B.1. The county council hereby delegates to the executive or the executive's designee authority to request a hearing before the Washington state Liquor and Cannabis Board and make written recommendations and objections regarding applications relating to:
a. liquor licenses under chapter 66.20 RCW; and
b. licenses for marijuana producers, processors, or retailers under chapter 69.50 RCW.
2. Before making a recommendation under subsection ((G))B.1. of this section, the executive or designee shall solicit comments from county departments and agencies, including, but not limited to, the department of local services, public health - Seattle & King County, the sheriff's office, and the prosecuting attorney's office.
3. For each application reviewed under subsection ((G))B.1.b. of this section, the executive shall transmit to the county council a copy of the application received with the applicant's name and proposed license application location, a copy of all comments received under subsection ((G.)) B.2. of this section, and the executive's recommendation to the Washington state Liquor and Cannabis board.
C.1. In the case of deaths that are subject to an inquest under Section 895 of the King County Charter or RCW 36.24.020 that is investigating the causes and circumstances of the deaths and that involve a member of a law enforcement agency within King County, develop and administer a program by which the county shall select attorneys to provide legal representation at public expense to the family participating in an inquest, regardless of the income level of the members of the family. However:
a. Legal representation shall not be provided if the family does not wish to be represented by the attorneys selected under the program; and
b. Legal representation shall be limited to preparation for the inquest and participation during the inquest and shall not include any representation for the purpose of potential related civil litigation.
2. For the purposes of this subsection C.:
a. "a member of a law enforcement agency" means a commissioned officer or noncommissioned staff of a local or state police force, jail, or corrections agency; and
b. "family" refers to the group of those individuals determined by the person conducting the inquest to have a right to participate as the family of the decedent.
((H.)) D. The executive may assign or delegate budgeting, performance management and accountability, climate policy, economic development, and strategic planning, and interagency coordination functions to employees in the office of the executive but shall not assign or delegate those functions to any departments.
SECTION 6. Ordinance 18793, Section 3, as amended, and K.C.C. 2.16.036 are hereby amended to read as follows:
A. The department of human resources shall be responsible for the administration of the county personnel system in accordance with K.C.C. Title 3. The department shall manage and be fiscally responsible for the human resources services division, the career and culture division, and the central employee services division.
B. The duties of the department shall include:
1. Developing, administering, and monitoring human resources policy;
2. Developing, administering, and monitoring diversity management programs including equal employment opportunity affirmative action plan development and integration of equity and social justice concepts into plans and programs;
3. Advising the executive and council on overall county employment policies;
4. Developing and disseminating communications to employees regarding issues related to human resources; and
5. Providing labor relations training for county agencies, the executive, the council, and others, in collaboration with the ((office of )) labor relations director in the executive's office.
C. The duties of the human resources services division shall include:
1. Developing proposed and administering policies and procedures for:
a. employment, including recruitment, examination, and selection;
b. classification and compensation; and
c. salary administration;
2. Providing technical and human resources information services support;
3. Coordinating individual employee performance review programs in executive departments;
4. Administering the county's civil service personnel system in accordance with K.C.C. chapter 3.14;
5. Monitoring executive branch compliance with human resources policies; and
6. Collecting and reporting to the executive's office ((of performance, strategy, and budget)) on a quarterly basis information on the numbers of filled and vacant full-time equivalent and term-limited temporary positions and the number of emergency employees for each appropriation unit.
D. The duties of the career and culture division shall include:
1. Developing and administering training and organizational development programs, including centralized employee and supervisory training, conflict resolution training, and other employee development programs;
2. Developing and administering programs to minimize detrimental workplace
conflict;
3. Developing and administering programs that promote employee engagement; and
4. Providing organization assistance, mediation, and restoration services.
E. The duties of the central employee services division shall include:
1. Developing and managing insured and noninsured benefits programs, including proposing policy recommendations, negotiating benefits plan designs with unions, preparing legally mandated communications materials, and providing employee assistance and other work and family programs;
2. Developing and administering workplace safety programs, including inspection of work sites and dissemination of safety information to employees to promote workplace safety;
3. Administering the county's self-funded industrial insurance/worker's compensation program, as authorized by Title 51 RCW;
4. Overseeing the county's unemployment compensation program;
5. Administering the county's employee benefits program fund; and
6. Managing the payroll system and procedures, including processing benefits transactions in the payroll system and administering the employer responsibilities for the retirement and the deferred compensation plans.
SECTION 7. Ordinance 11955, Section 5, as amended, and K.C.C. 2.16.055 are hereby amended to read as follows:
A. The department of local services is responsible for managing and being fiscally accountable for the permitting division and the road services division. The department shall also administer the county roads function as authorized in applicable sections of Titles 36 and 47 RCW and other laws, regulations, and ordinances as may apply. Consistent with Motion 15125, the department shall:
1. Work in partnership with each county council district to focus on coordinating, enhancing and improving municipal services provided to the county's unincorporated areas. To effectuate this partnership, the executive shall routinely and proactively meet and collaborate with councilmembers representing the unincorporated area about potential organizational, operational, and other changes to county programs or services that will affect unincorporated area residents;
2. Be available to brief the council's standing and regional committees on issues related to unincorporated area local services;
3. Develop and implement programs and strategies that emphasize:
a. improving the coordination of local services by county agencies through increased collaboration;
b. strengthening partnerships between the county, communities, and other entities;
c. improving the delivery, responsiveness, and quality of local services to the people, businesses, and communities of unincorporated King County through unified accountability;
d. improving local services through robust employee engagement while embracing equity and racial and social justice and continuous improvement;
e. strengthening unincorporated communities by supporting local planning and community initiatives; and
f. pursuing innovative funding strategies.
B. The department shall support the executive's office in regional planning by:
1. Supporting the council and executive through the provision of information and data, development of policy proposals and options for regional issues related to growth management, economic development, and transportation;
2. Coordinating the development of demographic and growth forecasting data and information including census data, growth targets, and buildable lands;
3. Facilitating annexations and joint planning with cities, including developing annexation proposals, drafting interlocal agreements, and serving as the liaison to the boundary review board for King County; and.
4. Managing updates to the county's Comprehensive Plan in accordance with K.C.C. Title 20 in coordination with the executive's office.
C.1. The department shall also manage the development and implementation of subarea plans for the six rural community service area and five urban unincorporated potential annexation area geographies ((in coordination with the regional planning function in K.C.C. 2.16.025 and)) in accordance with the King County Comprehensive Plan and the Growth Management Act.
2. Each subarea plan shall be developed consistent with the King County Comprehensive Plan and shall:
a. be based on a scope of work established with the community;
b. establish a long-range vision, guiding principles, and policies to implement that vision. Policies in the subarea plan shall be consistent with and not redundant to policy direction in the Comprehensive Plan;
c. establish performance metrics and monitoring for implementation of the subarea plan. The performance metrics and monitoring shall be:
(1)(a) for subarea geographies that have a subarea plan adopted as of December 2022, reviewed and jointly reported on by December 30, 2024, and every two years thereafter; and
(b) for subarea geographies that do not have a subarea plan adopted as of December 2022, reviewed and reported on the timelines established in subsection ((B))C.2.c.(1)(a) of this section beginning no sooner than two years after adoption; and
(2) informed and monitored by the community and the council;
d. use the tools and resources developed by the executive's office ((of equity and racial and social justice)) to develop the scope of work and to develop, review, amend, adopt, and implement the subarea plan, including, but not limited to, community engagement, language access and equity impact review tools. The county shall use, at minimum, the "County and community work together" levels of engagement as outlined in the ((office of equity and racial and social justice's)) Community Engagement Guide published by the executive's office for the scoping, development, review, amendment, adoption, and implementation of the subarea plan. The county shall include as an appendix to the subarea plan information detailing the community engagement completed during the development of the subarea plan and how the community engagement meets the requirements of this subsection ((B))C.2.d.;
e. incorporate the findings of an equity impact analysis and proposals to address equity impacts. During the development of the subarea plan, the public review draft shall include preliminary findings of any equity impacts that will be further refined and submitted as part of the subarea plan proposal;
f. include a review of policies specific to the subarea in the Comprehensive Plan and previously adopted subarea plans, and, where appropriate, transfer policies from those plans to the subarea plan; and
g. review the land use designations and zoning classifications in the subarea geography, including all special district overlays and property-specific development conditions, and transmit map amendments necessary to implement land use and zoning updates and the vision, guiding principles, and policies within the subarea plan, and for the five urban unincorporated potential annexation area geographies, the subarea plan shall include modifications to the land use designations and zoning classifications to meaningfully and substantially increase residential density in order to accelerate housing production.
3. Before transmittal of the subarea plan to the council, the executive shall coordinate and collaborate with the councilmember office or councilmember offices who represent the subarea geography on development of the subarea plan.
4. Each subarea plan shall be transmitted to the council for possible adoption as established in the schedule in the Comprehensive Plan and K.C.C. Title 20.
((C.)) D.1. The department shall also manage the development and implementation of the list of services, programs, facilities, and capital improvements that are identified by the community, known as a community needs list, for each of the subarea geographies in subsection ((B))C. of this section. The community needs list shall be the responsibility of the executive to implement. The department of local services, in coordination with the community, shall be responsible for monitoring the implementation of the community needs list.
2. Each community needs list shall:
a. be consistent with and implement the subarea plan described in subsection B. of this section and other county plans;
b. include potential services, programs, facilities, and capital improvements that respond to community-identified needs, including, but not limited to, those that build on the community's strengths and assets;
c. be developed, reviewed, prioritized, amended, adopted, and implemented using tools and resources developed by the executive's office ((of equity and racial and social justice)), including, but not limited to, community engagement, language access, and equity impact review tools. The county shall use, at minimum, the "County and community work together" level of engagement as outlined in the ((office of equity and racial and social justice's)) Community Engagement Guide published by the executive's office for the development, review, amendment, adoption, and implementation of the community needs list. The county shall include as an appendix to the community needs list information detailing the community engagement completed during the development of the community needs list and how the community engagement meets the requirements of this subsection ((C))D.2.c.
3. The community needs list shall be established as follows:
a. an initial catalog shall be compiled that identifies all requests from the community for potential services, programs, and improvements;
b. the community service area program shall review the initial catalog and refine this document into a community needs list based on:
(1) review by the department whether and to what extent the request meets or strengthens the community vision, guiding principles, and policies established in the adopted subarea plan and other county plans;
(2) review by county agencies regarding consistency with other county plans, feasibility, budget constraints, timing, resources needs, and other barriers to implementation; and
(3) review by the community through ongoing community engagement to identify, discuss, and prioritize community needs;
c. for each item that is included in the community needs list, the following shall be included:
(1) the executive, in consultation with the community and the councilmember office or offices that represent the subarea geography, shall propose a prioritization of low, medium, or high priority;
(2) which county agencies are responsible for implementation; and
(3) an anticipated timeline for completion that reflects that future resources and budget appropriations may change the timeline. The county shall encourage creativity and flexibility in identifying potential partnerships with and opportunities for others, such as community-based organizations, to meet these needs;
d. for each request from the initial catalog that is not advanced to the community needs list, the executive shall state why the request was not advanced. The county shall clearly communicate why the request was not advanced to the community. For items that cannot be accomplished by the county because they are outside of the scope of county operations, the county shall provide information on how noncounty entities may be able to accomplish the item, including consideration of potential partnerships with noncounty entities; and
e. the community needs list shall establish performance metrics to monitor the implementation of the community needs list and the overarching progress towards reaching the twenty-year vision established in the policies of the subarea plan. The performance metrics shall be:
(1) reviewed and reported on annually; and
(2) informed and monitored by the community and the council.
4. Before transmittal of a new or updated community needs list to the council, the executive shall coordinate and collaborate with the councilmember office or councilmember offices who represent the subarea geography.
5. A community needs list shall be transmitted to the council for possible adoption by ordinance as follows:
a. concurrent with the executive's biennial budget transmittal; and
b. when identified by either the community service area work programs and associated community engagement outlined in subsection ((D))E. of this section or the services partnership agreements outlined in subsection ((F))G. of this section, or both.
6. The community needs lists shall be used to develop proposals for the executive's proposed budget, including services, programs, infrastructure, and facilities that implement the list. As part of the executive's budget transmittal, the executive shall include a description of how the proposed budget implements the list.
((D.)) E.1. The department shall also manage the community service area framework adopted by Ordinance 17139, which shall be called the community service area program. The community service area program shall develop and implement programs and services to help all residents of unincorporated King County be more knowledgeable of, better served by and heard by King County departments and agencies. The community service area program shall work with all county departments and agencies whose services, programs, and projects are of interest to unincorporated area residents, to promote successful public engagement.
2. A work program shall be, beginning in 2025, developed for each subarea geography described in subsection ((B))C. of this section and shall:
a. be consistent with and implement the applicable subarea plan as described in subsection B. of this section, the community needs list in subsection ((C))D. of this section and other county plans;
b. address the required elements in Ordinance 17139;
c. list potential action items for the area;
d. list known planning activities for the area;
e. identify public meetings for the area;
f. include the current adopted community needs list as required in subsection C. of this section; and
g. establish an ongoing communications and community engagement plan using tools and resources developed by the executive's office ((of equity and racial and social justice)), including, but not limited to, community engagement, language access, and equity impact review tools. The county shall use, at minimum, the "County and community work together" level of engagement as outlined in the ((office of equity and racial and social justice's)) Community Engagement Guide published by the executive's office for the development, review, amendment, adoption, and implementation of the community needs list; and
h. establish performance metrics to monitor the implementation of the work program.
3. The community service area program shall provide regular updates to the councilmember or councilmembers who represent the subarea geography on the progress of the work program throughout the year and shall publish regular reports on the work program to its website at least once per quarter.
4. The work program shall be updated on an annual basis.
((E.)) F.1. The department of local services shall monitor and report on performance metrics for subarea plans described in subsection ((B))C. of this section, for community needs lists described in subsection ((C))D. of this section, and for the work program described in this subsection ((D))E. of this section.
2. The timing for reporting on performance metrics and monitoring shall be:
a. for transmitting a report to the council:
(1) for subarea geographies that have a subarea plan adopted as of December 2022, reviewed and jointly reported on by December 30, 2024, and every two years thereafter; and
(2) for subarea geographies that do not have a subarea plan adopted as of December 2022, reviewed and reported on the timelines established in subsection ((B))C.2.c.(1)(a) of this section beginning no sooner than two years after adoption; and
b. for reporting outside of the timeframe in subsection ((E))F.2.a. of this section, reporting is required every year by the last business day of December, by posting the performance metrics and monitoring information on the department's website.
3. Performance monitoring shall be informed and monitored by the community and the council.
((F.)) G.1. The department shall also establish service partnership agreements with each executive branch agency that provides programs, services, or facilities in the unincorporated area, including those agencies that provide regional services to unincorporated area residents and businesses. The service partnership agreements shall inform budget development for programs, services, or facilities in the unincorporated area.
2. Service partnerships agreements shall:
a. be consistent with and implement the subarea plans in subsection ((B))C. of this section, the community needs lists in subsection ((C))D. of this section, the community service area work programs in subsection ((D))E. of this section, and other county plans;
b. use tools and resources developed by the executive's office ((of equity and racial and social justice)) by the partner agency to deliver the programs, services, and facilities described in the service partnership agreements.
3. Each service partnership agreement shall include, at a minimum:
a. roles and responsibilities for the department of local services and the partner agency;
b. a general description of the programs, services or facilities provided by the partner agency for unincorporated area residents and businesses and, where applicable, in the subarea geographies;
c. goals for the partner agency to achieve the emphasis on local service delivery described in Motion 15125 and this section, including:
(1) the desired outcomes for provision of each program, service, or facility; and
(2) service level goals for each program, service, or facility;
d. performance metrics to monitor progress of implementing the outcomes and service level goals for each program, service, or facility;
e. use of the community service area work programs in local service delivery by the partner agency; and
f. the current adopted community needs lists and associated performance metrics for monitoring and reporting on the progress the county agencies have made on items on the lists that they are responsible for.
4. The service partnership agreements, after they are established, shall be updated concurrent with the development of the annual or biennial budget and shall be transmitted to the council as part of the supporting material for the executive's proposed annual or biennial budget. In addition to the requirements for service partnership agreements described in this subsection F., the updates shall include evaluation and reporting on the goals and performance metrics identified in the previous service partnership agreement and in the community needs list.
((G.)) H. Until an ordinance that makes changes to the King County Code required in Ordinance 18791, Section 217, is effective, the permitting division shall be considered the successor agency to the department of permitting and environmental review. Therefore, upon effectiveness of Ordinance 18791 and until an ordinance required by Ordinance 18791, Section 217, is effective, where the code states or intends a decision to be made or action to be implemented by the department of permitting and environmental review, those decisions or actions shall be performed by the permitting division.
((H.)) I.1. The duties of the permitting division shall include the following:
a. ensuring consistent and efficient administration of environmental, building and land use codes and regulations for commercial and residential projects by means of permit review and approval, construction inspections, and public information;
((b. participating on the interbranch regional planning team as specified in K.C.C. 2.16.025));
((c.)) b. administering the State Environmental Policy Act and acting as lead agency, including making the threshold determinations, determining the amount of environmental impact and reasonable mitigation measures, and coordinating with other departments and divisions in the preparation of county environmental documents or in response to environmental documents from other agencies;
((d.)) c. effective processing and timely review of land development proposals, including zoning variances, zoning reclassifications, master drainage plans, variances from the Surface Water Design Manual and the King County Road Design and Construction Standards, critical area, subdivision, right-of-way use, clearing and grading, shoreline, special use, and conditional use applications;
((e.)) d. pursuing and resolving code violations, including preparing for administrative or legal actions, evaluating the department's success in obtaining compliance with King County rules and regulations, and designing measures to improve compliance;
((f.)) e. regulating the operation, maintenance, and conduct of county-licensed businesses, except taxicab, for-hire, and transportation network company drivers and vehicles; and
((g.)) f. developing and implementing an inspection program to identify fire hazards and require conformance with K.C.C. Title 17, reviewing building plans and applications for compliance with K.C.C. Title 17, and conducting inspections, including inspections of new construction, for compliance with K.C.C. Title 17.
2. The permitting division manager shall be the:
a. county planning director;
b. zoning adjuster;
c. responsible official for purposes of administering the State Environmental Policy Act;
d. county building official; and
e. county fire marshal.
3. The manager may delegate the functions in subsection ((H))I.2. of this section to qualified subordinates.
((I.)) J. The road services division is responsible for designing, constructing, maintaining, and operating a comprehensive system of roadways and other transportation facilities and services to support a variety of transportation modes for the safe and efficient movement of people and goods and delivery of services. The duties of the division shall include the following:
1. Designing, constructing, and maintaining county roads, bridges, and associated drainage facilities;
2. Designing, installing, and maintaining county traffic signs, markings, and signals;
3. Designing, installing, and maintaining roadway active transportation facilities;
4. Managing intergovernmental contracts or agreements for services related to road maintenance and construction and to other transportation programs supporting the transportation plan;
5. Inspecting utilities during construction and upon completion for compliance with standards and specifications, and ensuring that public facilities disturbed due to construction are restored;
6. Performing detailed project development of roads capital improvement projects that are consistent with the transportation element of the county's Comprehensive Plan, and coordinating such programming with other county departments and divisions assigned responsibilities for Comprehensive Plan implementation;
7. Incorporating into the roads capital improvement program those projects identified in the transportation needs report, related functional plans and elsewhere consistent with the county's Comprehensive Plan;
8. Preparing, maintaining, and administering the county road standards;
9. Preparing and administering multiyear roads maintenance and capital construction plans and periodic updates;
10. Administering the transportation concurrency and mitigation payment programs; and
11.a. Performing the duties of the office of the county road engineer, which is hereby established as an administrative office of the road services division. The office of the county road engineer shall be an office of record, supervised by the county road engineer hired in accordance with RCW 36.80.010 and reporting to the manager of the road services division. The office of the county road engineer shall be located within the corporate limits of the county seat.
b. The county road engineer shall carry out all duties assigned to the county road engineer as prescribed by state statute, except as modified by the county executive as authorized in subsection ((I))J.11.c. of this section.
c. The county executive may assign professional engineering duties of the county road engineer to someone other than the county road engineer, except as otherwise assigned by the King County Code, and only if the individual assigned those duties shall be qualified as required under RCW 36.80.020. The executive shall provide to the county council and the Washington state County Road Administration Board, in writing, those specific professional engineering duties not assigned to the county road engineer, the name and position of each person responsible for carrying out those assigned duties, the specific reporting and working relationships with the county road engineer, and the duration for which those duties have been assigned.
SECTION 8. Ordinance 18086, Section 2, as amended, and K.C.C. 2.16.136 are hereby amended to read as follows:
A.1. For all elections administered by the department of elections, the director of elections shall prepare voting materials, to the extent not already provided by the Office of the Washington state Secretary of State, in the languages required by subsection C. of this section, in addition to those languages required by Section 203 of the Voting Rights Act of 1965, P.L. 94-73, 42 U.S.C. 1973aa-1a. The director of elections shall make the voting materials available to any resident of King County upon request of that person, and in addition shall make the voter registration materials required by this section broadly available, including to King County offices required to make them available under K.C.C. 2.16.137. The director of elections shall record the numbers of ballot and voter pamphlet requests in each language other than English, and include this information in the report required in subsection B. of this section.
2. For the purposes of this section, "voting materials" include, but are not limited to:
a. voter registration notices, voter registration forms, and voter registration instructions, to the extent not already provided by the Office of the Washington state Secretary of State;
b. ballots and ballot instructions; and
c. local voters' pamphlets, in conformity with K.C.C. chapter 1.10 and chapter 29A.32 RCW.
B. In 2016 and at least every five years thereafter, the director of elections shall review data on limited-English-proficient populations in King County and shall determine, in consultation with community leaders of limited-English-proficient populations and the executive's office ((of performance, strategy and budget)), each single language that has ten thousand or more limited-English-proficient King County residents. The director of elections shall make this determination by referring to the best available data from the United States Census Bureau or other source the director considers relevant and reliable. The director of elections shall file a report of this determination, including a list of all languages that meet the threshold of ten thousand or more limited-English-proficient residents, and the supporting analysis by January 30, 2017, and at least every five years after the first report is filed. The director of elections shall electronically file the report with the clerk of the council, who shall retain a copy and provide an electronic copy to all councilmembers, the council chief of staff, the council chief policy office, and the director of elections.
C.((1.)) The director of elections shall prepare and make available to the public translated voting materials in the following languages:
1. Spanish;
2. Chinese;
3 Vietnamese;
4. Korean;
5. Russian;
6. Somali;
7. Any languages identified by the director in a report required by subsection B. of this section as having ten thousand or more limited-English-proficient King County residents, unless an ordinance is enacted within forty-five days of the filing of that report requiring otherwise, beginning with the first general election after that report is filed with the clerk of the council; and
8. Any other languages required under Section 203 of the Voting Rights Act of 1965, P.L. 94-73, 42 U.S.C. 1973aa-1a.
D. The director of elections shall also ensure the provision of targeted outreach to all language communities identified under subsection C. of this section to promote awareness of and requests for translated voting materials. The outreach may include, but not be limited to, engagement of community leaders from and outreach to community organizations serving limited-English-proficient populations, minority language media purchases, such as advertising, attendance and materials distribution at large limited-English-proficient community events, and recruitment of bilingual election workers. The director of elections shall maintain and make available to the public at least one hundred twenty days before each primary and general election a list of the languages other than English in which the department will provide translated material and assistance, and the specific form of that assistance.
E. The cost of providing the materials and services described in subsections A., C., and D. of this section shall be considered a cost of elections, of which a pro rata share shall be recovered from constituent jurisdictions and the state.
SECTION 9. Ordinance 12076, Section 38, as amended, and K.C.C. 2.21.040 are hereby amended to read as follows:
A. There is created a risk management committee to be composed of the risk manager, the chief civil deputy, and ((the director of the office of performance, strategy and budget)) a representative of the executive's office. The risk manager shall chair the committee.
B. The risk management committee shall:
1. Make recommendations to the council and executive regarding risk management policy;
2. Advise the risk manager on matters concerning the purchase of insurance policies and advise on the design of insurance and funded self-insurance programs; and
3. Advise the risk manager concerning matters of risk management policy.
SECTION 10. Ordinance 19770, Section 4, and K.C.C. 2.31.030 are hereby amended to read as follows:
The commission shall have the following duties:
A. Advise the executive, the council, and the public to implement and carry out the purposes and provisions of this chapter, which may include, but are not limited to, the following:
1. Human and civil rights protections that strengthen county antidiscrimination ordinances and support the county's equity, racial, and social justice goals;
2. Human and civil rights protections to address issues of concern for county residents;
3. Policies to proactively prevent discrimination and address inequalities at the front end with an explicit focus on racial justice and equitable outcomes that would benefit communities who have historically lacked power in the community;
4. Policies related to affirmative action and updates to the county's list of protected classes based on robust engagement with community members, in particular those individuals with a vested interest in policies related to affirmative action and protected classes;
5. Policies, practices, and procedures to assist county decision makers in fulfilling the county's commitment to address the root causes of inequities and distribute resources equitably;
6. Equitable allocation of county resources, with investments that are consistent with human and civil rights values, focused on people and places with the greatest needs;
7. The county's equal employment opportunity affirmative action plan; and
8. The county's equity and social justice strategic plan and related county policies and practices;
B. Conduct and prioritize a robust and ongoing engagement process with community members and county entities to consider their input in implementing and carrying out the purposes and provisions of this chapter. Engagement shall be prioritized for historically disadvantaged communities who have historically lacked power to influence policies for the community. County entities should include, but not be limited to, the office of law enforcement oversight, the community advisory committee for law enforcement oversight, the immigrant and refugee commission, the women's advisory board, 504/ADA advisory committee, the veterans, seniors and human services levy advisory board, the executive's office ((of equity and racial and social justice)), the legislative branch's director of equity and social justice, the county auditor, the hearing examiner, the office of public complaints, and the various King County unincorporated area councils;
C.1. Conduct research, public forums, and educational programs on social stresses that impact the cohesion between groups in the county to support building of alliances;
2. Conduct community outreach to ascertain the status and treatment of county residents based on their protected class;
3. Evaluate means of alleviating discrimination and bias and of improving human relations within the county; and
4. Issue such publications as may assist in enhancing the human and civil rights of all county residents;
D. Monitor and review the procedures and processes of antidiscrimination ordinances and affirmative action policies to determine compliance and effectiveness. The monitoring and reviewing may include, but not be limited to, reviewing any complaints filed under the antidiscrimination ordinances with a finding of no reasonable cause and request for reconsideration by the complainant was denied. In conducting its review, the commission may hold informal fact finding sessions with respect to processes and procedures and any findings may result in recommendations to the executive;
E. Evaluate existing county policies and new ordinances for disproportionate impacts on historically disadvantaged communities who have historically lacked power to influence policies for the community;
F. Lead county efforts in raising community awareness, conducting education, assistance and information programs on human and civil rights issues and on the purpose and work of the commission; and
G. Beginning in 2026, provide an annual report to the executive and council that shall include, but not be limited to, a quantitative and qualitative summary of completed and ongoing commission activities as required in this chapter, progress on the work program outlined in the prior calendar year annual report, and a work program for the following calendar year. On behalf of the commission, the executive shall electronically file the report by April 15 of each year with the clerk of the council, who shall retain an electronic copy and provide an electronic copy to all councilmembers, the council chief of staff, and the lead staff for the law and justice committee or its successor. The report shall be publicized widely, in particular to those historically disadvantaged communities who have historically lacked power to influence policies for the community. Publicity methods shall include, but not be limited to, the official county newspaper, newspapers of general circulation within each council district, King County civic television, television news outlets, social media platforms, non-English language newspapers and periodicals distributed in the county, and the county's website. The commission should provide annual briefings to media and elected officials representing cities, the county, and the state to ensure that the commission's lessons learned and achievements are shared with the public and policy makers.
SECTION 11. Ordinance 17699, Section 2, as amended, and K.C.C. 2.36.100 are hereby amended to read as follows:
A. The central business systems steering committee is hereby created. The committee's purpose shall be to:
1. Maximize benefits from the accountable business transformation program;
2. Achieve the proper functioning and integration of the countywide systems for human resources, payroll, time, and labor, finance, and budget; and
3. Provide for communication and accountability.
B. The members of the committee shall be:
1. The deputy county executive or designee;
((2. The assistant deputy county executive;
3.)) The county administrative officer;
((4. The director of the office of performance, strategy, and budget)) 3. The budget director in the executive's office; and
((5.)) 4. The chief information officer.
C. The committee shall:
1. Make recommendations to the executive;
2. Coordinate work, set priorities, and guide how technical and business process issues with the countywide system are addressed to achieve the proper functioning and integration of the countywide policies, business processes, and systems for human resources, payroll, time, and labor, finance, and budget. The committee shall also align and integrate work plans for allocation of resources and budget;
3. Create a structured process for regular end-user engagement, involvement, communication, and training;
4. Promote continued business process improvements and business rule standardization, and eliminate obstacles to adopting best practices; and
5. Maximize benefits of the integrated enterprise system through business process and system standardization, optimization and transformation, and monitor performance measurement and reporting including benefit realization.
SECTION 12. Ordinance 12901, Section 3, as amended, and K.C.C. 2.41.030 are hereby amended to read as follows:
A. The commission shall consist of thirteen voting members; the members shall serve terms of three years as specified in K.C.C. chapter 2.28.
B. The voting members of the commission shall serve without compensation. The members shall represent the diversity of rural forestry interests and the different geographic regions of rural King County.
C. Commission membership shall include an equitable representation of the following interests:
1. At least five members representing private rural forest landowners, with at least one from each of the following ownership categories:
a. forest landowners with greater than five hundred acres of rural forest land in King County;
b. forest landowners with forty to five hundred acres of rural forest land in King County, and for whom income from forestry is an important component of total income;
c. residential forest landowners with greater than twenty acres of rural forest land enrolled in the Forest Land Designation (chapter 84.33 RCW) program; and
d. residential forest landowners with less than twenty acres of rural forest land;
2. Advocates of nontimber values of forest land, such as environmental protection, recreation, and open space;
3. The Washington Department of Natural Resources;
4. Affected Indian tribes;
5. Consumers or users of local forest products, such as mills, lumber
suppliers, craftspeople, artisans, florist suppliers, or users of other alternative forest products;
6. Academic or professional foresters, or forestry associations; and
7. Rural cities.
D. The directors of the departments of natural resources and parks and executive services, ((the chief officer of the office of performance, strategy and budget)) a representative of the executive's office, the department of local services permitting division manager, a representative of the King County council ((planning, rural service and environment)) local services and land use committee, or its successor, a representative of the Mount Baker-Snoqualmie National Forest, a representative of the Washington State University Extension, and the director of the King Conservation District may serve as nonvoting ex officio members of the commission.
E. All appointees should have a working knowledge of King County forestry, a strong commitment to promote forestry in the rural area, the ability to work with differing viewpoints to find solutions to complex problems, and a willingness to commit the time necessary to attend commission meetings and activities.
SECTION 13. Ordinance 18811, Section 1, and K.C.C. 2.42.150 are hereby amended to read as follows:
A. The administrator is authorized to issue warrants for the medical center, subject to the requirements and limitations in RCW 36.62.252 and in subsection B. of this section.
B. All warrants issued by the administrator shall comply with the following:
1. The warrants shall be issued from the county hospital fund and drawn on an account maintained with the financial institution with which the county has its banking services agreement;
2. The warrants shall be issued in a manner consistent with any written procedures established by either the finance and business operations division or the executive's office ((of performance, strategy and budget)), or both;
3. The medical center shall coordinate with the finance and business operations division to ensure fiscal responsibility, accountability and auditing as needed;
4. The administrator may not issue warrants for medical center capital projects administered and managed by King County, except that warrants for medical center capital projects managed and administered by the University of Washington under the terms of the Hospital Services Agreement dated February 25, 2016, may be issued by the administrator; and
5. The administrator must be the signatory on the warrants.
SECTION 14. Ordinance 18798, Section 2, as amended, and K.C.C. 2.47.010 are hereby amended to read as follows:
A. The ((county's office of equity and social justice)) executive's office shall invite representatives from all branches, departments, agencies, and offices of county government to form an interbranch team to plan the Reverend Dr. Martin Luther King, Jr., annual gathering celebrating the life and legacy of the Reverend Dr. Martin Luther King, Jr.
B. The interbranch team shall reach out to community representatives to receive ideas for the planning of the Reverend Dr. Martin Luther King, Jr., annual gathering, and receive feedback during the planning of the Reverend Dr. Martin Luther King, Jr., annual gathering.
C. The ((county's office of equity and social justice)) executive's office in collaboration with the interbranch team shall each year convene an annual gathering celebrating the life and legacy of the Reverend Dr. Martin Luther King, Jr. The intent of the gathering shall be to:
1. Provide a countywide gathering for all members of the public to celebrate the life and legacy of the Reverend Dr. Martin Luther King, Jr.;
2. Recognize the impact that the Reverend Dr. Martin Luther King, Jr. has on our community and our nation and bring to attention the Reverend Dr. Martin Luther King Jr.'s message of equity, social justice, and ((non-violence)) nonviolence and his political and social philosophies; and
3. Inspire county residents to strive in a ((non-violent)) nonviolent manner for the human rights, civil liberties, and economic guarantees rightfully due to all peoples.
D. The gathering shall be held in the second week of the month of January.
E. The gathering shall be open to all county employees that are available to attend. Separately elected officials, department directors, and division managers shall make an effort to accommodate all county employees that request to attend the gathering.
F. The gathering shall be open to the public.
G. The ((county's office of equity and social justice)) executive's office in collaboration with the interbranch team should widely publicize the gathering. Publicity methods shall include, but not be limited to, the official county newspaper, newspapers of general circulation within each council district, King County civic television, television news outlets, social media platforms, non-English language newspapers and periodicals distributed in the county, and the county's website.
H. The gathering shall be held in a King County venue that would accommodate all attendees.
I. The gathering shall consider including:
1. Presentation of the King County Medal of Distinguished Service awards;
2. Keynote addresses from invited guests and county elected officials;
3. Performances by award winning artists, local artists, or both;
4. Recognition of the Reverend Dr. Martin Luther King Jr. essay contest winners; and
5. Readings of excerpts from Dr. King's speeches.
J. Costs of the gathering are hereby authorized, subject to availability of funds in the county general fund.
K. The executive shall include a proposed budget that will cover the costs of each annual gathering as part of the executive's proposed budget to council.
SECTION 15. Ordinance 12058, Section 9, as amended, and K.C.C. 2.55.010 are hereby amended to read as follows:
A. There is hereby created a King County Section 504 of the Rehabilitation Act of 1973/Americans with Disabilities Act of 1990 advisory committee, referred to in this section as the 504/ADA committee.
B. The 504/ADA committee shall be composed of not less than three individuals, subject to confirmation by the county council, including the chair of the committee. The executive shall appoint the chair of the committee.
C. The 504/ADA committee shall serve in an advisory capacity to the executive in developing strategies, systems, and guidelines in implementing the 504/ADA Compliance Workplan. The functions of the 504/ADA committee shall include, but not be limited to, the following:
1. Review the 504/ADA Compliance Workplan and make recommendations towards improving its effectiveness;
2. Review and monitor the progress of the 504/ADA Compliance Workplan; and
3. Review and monitor the progress of affirmative action made in the employment of individuals with disabilities in the county's workforce.
D. Appropriate staff to the 504/ADA committee shall be provided by the executive, including the Section 504 of the Rehabilitation Act of 1973/Americans with Disabilities Act of 1990 compliance specialist in the executive's office ((of equity and racial and social justice)). The Section 504 of the Rehabilitation Act of 1973/Americans with Disabilities Act of 1990 compliance specialist is the designated county employee to coordinate the county's effort to comply with and carry out its responsibilities under Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 and its implementing regulations.
SECTION 16. Ordinance 18653, Section 3, and K.C.C. 2.78.020 are hereby amended to read as follows:
The commission shall:
A. Act as a central point of contact, communication and coordination to encourage coordination and efficient intersection of the work of stakeholders serving and engaging immigrant and refugee residents to achieve greater impact. As the hub, the commission shall act as the focal point for connecting a broad group of stakeholders to identify, elevate, and develop shared strategies and solutions, streamline and strengthen efforts, and bring more resources to the most pressing issues affecting immigrant and refugee communities. To achieve this purpose, the commission's duties shall include, but not be limited to, the following:
1. Assist and advise the council, council administration, and independent offices of the legislative branch, the executive branch, including departments, divisions and offices, the sheriff, the assessor, the department of elections, the prosecuting attorney, superior court, district court, and the office of economic and financial analysis on issues, programs, and policies impacting immigrant and refugee communities;
2. Collaborate with all levels of government to ensure effective outreach to and engagement of immigrant and refugee communities and advise on the county's role with other government entities;
3. Coordinate with the executive's office ((of equity and racial and social justice)) to develop and review core principles and strategies on equity as they relate to immigrant and refugee communities in the context of county services, programs, and policies;
4. Assist with the development and implementation of county services, programs, and policies that impact immigrant and refugee communities;
5. Evaluate county services, programs, and policies from the perspective of immigrant and refugee communities;
6. Assist with the development and review of major county plans to ensure that the interests and priorities of immigrants and refugees are incorporated in those plans;
7. Promote civic participation and government representation, which shall include, but not be limited to, encouraging application for employment within the county workforce by immigrant and refugee residents and representation of immigrant and refugee residents on boards and commissions;
8. Promote naturalization as a path toward civic and economic integration;
9. Collaborate with organizations that implement programs to enhance integration, naturalization, and English-language learning;
10. Increase public awareness of immigrants and refugees and their contributions to our community;
11. Collaborate with all levels of government to invest in the capacity of organizations that serve the immigrant and refugee communities;
12. Continually review the need for appropriate resourcing and support for issues affecting immigrant and refugee communities;
13. Recommend and advocate for increased funding, identify new funding sources and leverage existing funding that include county funds to address the needs of the immigrant and refugee communities and support the commission's activities; and
14. Convene workgroups made up of stakeholders serving and engaging immigrant and refugee communities to build a shared countywide strategy to address the top issues surfaced through community input and/or work with the appropriate programs, boards/commissions, and task forces such as in housing and homelessness, employment and small business, barriers to accessing services, human trafficking, and criminal justice and safety;
B. Focus on understanding and addressing challenges faced by immigrant and refugee communities living in suburban cities and unincorporated areas of the county. The commission should complement the work engaged by the city of Seattle but with emphasis on communities outside of the city of Seattle. To achieve this purpose, the commission's duties shall include, but not be limited to:
1. Advocating for the county to act as a regional partner with cities to investigate the need for increased investment in the development of neighborhood centers or meeting hubs for youth and families, with an emphasis on serving the needs of immigrant and refugee populations;
2. Working with county departments, cities, service providers, and the Sound Cities Association, to create a strategic plan, to be adopted by the commission, for addressing immigrant and refugee issues in suburban cities and unincorporated areas;
3. Investigating whether immigrants and refugees are able to adequately access county services such as district courts, public health clinics, parks, transit in suburban cities, and exploring the potential and need for opening a multilingual, culturally-responsive satellite office in a suburban city if it is determined by the commission that a satellite office would help to increase access;
4. Working with county departments to collaborate with businesses to increase economic opportunities for immigrants and refugees living in unincorporated areas to have access to living wage jobs; and
5. Working with county departments to gather, share, and disaggregate data related to immigrants and refugees in unincorporated areas to determine unmet needs, such as the number of substandard houses, and prevalence of income gaps to understand intersections between place-based challenges for immigrants and refugees; and
C. Adopt goals directed towards the purposes and responsibilities of this section.
SECTION 17. Ordinance 18653, Section 8, and K.C.C. 2.78.070 are hereby amended to read as follows:
An employee from the executive's office ((of equity and racial and social justice)) and one council employee shall staff the commission.
SECTION 18. Ordinance 16077, Section 4, as amended, and K.C.C. 2.130.010 are hereby amended to read as follows:
A. There is hereby established a King County mental illness and drug dependency advisory committee.
B.1. The advisory committee shall act as an advisory body to the county executive and council. The advisory committee shall conduct reviews, provide comment on and make recommendations on the mental illness and drug dependency tax-funded initiatives, services, programs and policy goals outlined in Ordinance 15949, Section 3, as amended, and K.C.C. 4A.500.340 and consistent with the mental illness and drug dependency service improvement plan that is approved in accordance with Ordinance 17998. The advisory committee shall provide ongoing review, comments and recommendations on mental illness and drug dependency tax-funded programs until all sales tax revenues have been expended and the final evaluation of the mental illness and drug dependency programs and services has been submitted to the council.
2. The advisory committee shall:
a. review and provide written recommendations to the executive and the council on the implementation and effectiveness of the county's sales tax funded programs in meeting the goals established in Ordinance 15949, Section 3, as amended, and K.C.C. 4A.500.300 through 4A.500.340;
b. review and report to the executive and the council on annual evaluation reports as required by Ordinance 15949, Section 3, as amended, and K.C.C. 4A.500.300 through 4A.500.340;
c. review and make comment on emerging and evolving priorities for the use of the mental illness and drug dependency sales tax revenue;
d. serve as a forum to promote coordination and collaboration between entities involved with sales tax programs;
e. educate the public, policymakers and stakeholders on mental illness and drug dependency sales tax funded programs; and
f. coordinate and share information with other related efforts and groups.
C. The advisory committee shall be composed of one representative from each of the following:
1. The council;
2. The executive;
3. The superior court;
4. The district court;
5. The prosecuting attorney's office;
6 The sheriff's office;
7. The department of public health;
8. The department of judicial administration;
9. The department of adult and juvenile detention;
10. The department of community and human services;
11. A provider of both mental health and chemical dependency services in King County;
12. A provider of culturally specific mental health services in King County;
13. A provider of culturally specific chemical dependency services in King County;
14. A representative of an organization with expertise in helping individuals with behavioral health needs in King County get jobs and live independent lives;
15. A provider of domestic violence prevention services in King County;
16. A provider of sexual assault victim services in King County;
17. An agency providing mental health and chemical dependency services to youth;
18. Harborview Medical Center;
19. All Home;
20. King County systems integration initiative, which is an ongoing work group established by the executive for addressing juvenile justice matters;
21. The Community Health Council;
22. The Washington State Hospital Association, representing King County hospitals;
23. The Sound Cities Association;
24. The city of Seattle;
25. The city of Bellevue;
26. Labor representing a bona fide labor organization;
27. The office of the public defender;
28. The National Alliance on Mental Illness;
29. Puget Sound educational services district;
30. A representative of a philanthropic organization;
31. The King County behavioral health advisory board;
32. A representative of an organization with expertise in recovery;
33. A representative of the five managed care organizations operating in King County;
34. An individual representing behavioral health consumer interests from the mental illness and drug dependency advisory committee's consumers and communities ad hoc work group;
35. An individual representing community interests from the mental illness and drug dependency advisory committee's consumers and communities ad hoc work group;
36. A representative of a grassroots organization serving a cultural population or cultural populations; and
37. A representative of unincorporated King County.
D.1. Separately elected officials and King County agency directors or their designees are not required to be appointed or confirmed.
2. A member of the advisory committee who has been confirmed to serve on another county board or commission is not required to be confirmed to serve on the advisory committee.
3. All other members of the advisory committee are subject to appointment by the county executive and confirmation by the county council.
4. The executive shall appoint advisory committee members to staggered terms in accordance with K.C.C. 2.28.010.C.
E.1. The advisory committee shall adopt rules governing its operations at its first meeting.
2. The committee shall elect a chair or cochairs.
3. Subcommittees and workgroups may be formed at the discretion of the advisory committee.
4. At each meeting of the advisory committee, the advisory committee shall provide an open comment period.
F. The advisory committee shall coordinate with other county groups including, but not limited to, the All Home coordinating board, the regional human services levy citizen oversight board, the veterans levy citizen oversight board, the children and youth advisory board, the behavioral health and recovery board, the board of health and the adult and juvenile justice operational master plan advisory groups, or their successors, to ensure that information is shared and, when appropriate, efforts are coordinated and not duplicated.
G. The ((office of performance, strategy and budget and the)) behavioral health and recovery division of the department of community and human services shall provide staffing of the advisory committee.
H. Members of the advisory committee who are not full-time county employees may be reimbursed for parking expenses in the King County parking garage when attending meetings of the committee.
SECTION 19. Ordinance 19008, Section 7, as amended, and K.C.C. 2.150.050 are hereby amended to read as follows:
The duties of the commission include the following:
A. Provide information, advice and counsel to the council, the executive, the department of community and human services, ((the office of equity and social justice,)) and other county departments on issues and policies affecting renters, including housing affordability and the intersection of renters with their access to transportation, green and other public spaces, renter protections, public health and safety, education, and economic growth as they relate to renters in unincorporated King County;
B. Monitor the enforcement and effectiveness of legislation related to renters and renter protections;
C. Provide periodic advice on priorities, policies, and strategies for strengthening and enhancing the enforcement and effectiveness of renter protections;
D. Adopt an annual work plan. The plan shall include a briefing on the commission's public involvement process for soliciting community and citizen input in developing the commission's annual work plan and updates on the work plan; and
E. Collaborate and consult with other county commissions and committees, departments, the King County housing authority board of commissioners, the affordable housing committee of the King County growth management planning council, the Seattle renters' commission, and other community groups and associations, including those representing rental property landlords, to gather information, feedback, and recommendations related to the King County renters' commission's work.
SECTION 20. Ordinance 12014, Section 32, as amended, and K.C.C. 3.12.350 are hereby amended to read as follows:
A. The director may adopt personnel guidelines for the purpose of implementing the directives, policies, and standards contained in this chapter and in Article 5 of the charter.
After adoption, amendment, or repeal of any guideline, the department shall post the updated guidelines to the Internet, and the department will notify each department and the executive's office ((of labor relations)) may notify the collective bargaining units.
B. The personnel guidelines may include, but not be limited to, the following subjects:
1. Purpose, objectives and intent;
2. Definitions;
3. Preemployment administration:
a. role of the director and the department;
b. recruitment procedures;
c. application procedures;
d. examinations;
e. employment lists;
f. appointment; and
g. process requirements of equal employment opportunity;
4. Postemployment administration:
a. role of the department of human resources;
b. probationary periods;
c. classification system;
d. employee performance evaluation;
e. disciplinary procedures;
f. separation, including reductions in force;
g. employee relations; and
h. process requirements of equal employment opportunity;
5. Special duty;
6. Grievance and appeals procedures:
a. role of the department of human resources and other departments, including relationship and processes of the equal employment program;
b. role of the director;
c. grievance procedures;
d. appeals procedures; and
e. role of the personnel board;
7. Conditions of employment;
8. Employee benefits;
9. Procedures for leaves of absence; and
10. Procedures for salary and administration.
SECTION 21. Ordinance 12943, Section 14, as amended, and K.C.C. 3.12A.020 are hereby amended to read as follows:
The definitions set forth in K.C.C. chapter 3.12 are hereby incorporated in this chapter. Words not defined in K.C.C. chapter 3.12 or in this chapter shall have their ordinary and usual meanings. In the event of conflict, the specific definitions set forth in this chapter shall presumptively, but not conclusively, prevail.
A. "Committee" means the career service review committee, which shall consist of:
1. The following three permanent members:
a. ((the county executive or designee)) two executive's office representatives designated by the executive; and
b. ((the chief officer of the office of performance, strategy, and budget or successor organizational unit or designee; and
c.)) the director of the department of human resources or successor organizational unit or designee; and
2. One member representing the department whose body of work or employees are then under review.
SECTION 22. Ordinance 18757, Section 4, as amended, and K.C.C. 3.12D.020 are hereby amended to read as follows:
The executive, assessor, director of elections, council, and prosecuting attorney shall report biennially on the number of workplace discrimination and harassment complaints, including sexual harassment, and inappropriate conduct complaints and, when possible, informal inquiries, received by each department each year. The report shall indicate the basis or bases of the complaint, which may be one or more of the protected classes as defined in K.C.C. chapter 3.12D, pregnancy, domestic violence victimization, or any other status protected by federal, state, or local law. The executive's office ((of equity and racial and social justice)) shall report on the number of unfair employment practice complaints filed, the basis or bases of the complaint, the number of investigations of unfair employment practices in the reporting year, and the number of findings that reasonable cause exists to believe that an unfair employment practice occurred. The first report shall be transmitted to the council by December 31, 2019. All reports under this section shall be electronically filed with the clerk of the council who shall retain an electronic copy and provide an electronic copy to all councilmembers, the council chief of staff and the council chief policy officer.
SECTION 23. Ordinance 8658, Section 1, as amended, and K.C.C. 3.16.040 are hereby amended to read as follows:
A. Any collective bargaining agreement between King County and a recognized bargaining representative as defined in RCW 41.56.030 which has been signed by the union shall be transmitted to the King County council no later than fourteen days after receipt by the executive's office ((of labor relations)).
B. Failure to meet the deadline in subsection A. of this section shall result in the payment of interest on the retroactive amount of any negotiated salary or wage increase equal to interest earned on federal ninety-day treasury bills from the first day following the deadline through the date the signed agreement is transmitted to the King County council, unless the fourteen days have been extended by mutual agreement by both parties in writing.
C. The interest accrued, if any, shall be divided among the county employees represented by the collective bargaining unit, based upon each employee's individual retroactive wage rate increase. The computed interest shall be included in the first paycheck that pays out the rate of pay negotiated in the tentative collective bargaining agreement.
SECTION 24. Ordinance 14287, Section 5, as amended, and K.C.C. 3.16.055 are hereby amended to read as follows:
A.1. A bargaining representative may at any time during negotiations forward to the ((manager of the office of)) labor relations director in the executive's office, or ((its)) successor, a written complaint that the collective bargaining process is not being conducted in a timely manner or is not being conducted in a manner consistent with good faith bargaining. The ((manager of the office of)) labor relations director in the executive's office shall, within fifteen calendar days, respond in writing to the complaint and propose such remedies as may address the complaint.
2. If the bargaining representative is not satisfied with the written response of the director, or if a written response to the complaint is not received within fifteen calendar days, the bargaining representative may forward the written complaint to the King County executive, as the bargaining agent, who shall, within fifteen calendar days, respond to it in writing and propose such remedies as may address the complaint.
3. If the bargaining representative is not satisfied with the written response of the bargaining agent, or if a written response is not received from the bargaining agent within fifteen calendar days, the bargaining representative may request that the bargaining agent forward the written complaint to the council.
4. If the bargaining agent receives a written request to have the complaint forwarded to the council, including an explanation of reasons for the request, the bargaining agent shall forward the request, together with the bargaining agent's written response, to the council within five calendar days from the receipt of the request. These materials or any discussion thereof shall remain confidential to the extent allowed by law.
5. The council may request that the bargaining agent meet with the council for the purpose of reviewing the status of negotiations with regard to the principles contained in this chapter and the overall policy direction established by the labor policy committee, but the council shall take no action that would interfere with the lawful role of the bargaining agent.
B. By June 30 of each year, the prosecuting attorney, in conjunction with bargaining agent, shall report to the council on all pending unfair labor practice charges and all pending arbitration involving represented employees.
C. By June 30 of each year, or, in the case of agreements expiring other than December 31, at least ninety days before the commencement of negotiations, in preparation for collective bargaining the bargaining agent shall report to the council the agreements expiring that calendar year. The bargaining agent shall also generally explain existing policies that, if changed, would further the principles and intent established by this chapter. County department management concerned with the collective bargaining process, with the advice of other relevant county departments, shall assist the bargaining agent in reporting to the council.
D. By June 30 of each year or, for agreements expiring other than December 31, at least ninety days before commencing negotiations, the council shall meet with the bargaining agent to review the schedule of collective bargaining agreements expiring in that calendar year and the key issues related to the collective bargaining process. Methods of consultation with unions, management rights and eliminating the causes of employee grievances shall also be considered.
E. For the purpose of maintaining an effective collective bargaining process, the strategies and related information presented by the bargaining agent shall be maintained as confidential. The council shall develop guidelines to assist in accomplishing such confidentiality.
SECTION 25. Ordinance 12076, Section 2, as amended, and K.C.C. 4.04.020 are hereby amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
A. "Acquisition phase" means the time during which activities associated with acquisition or surplus and sale of real property, property rights or the acquisition of improvements through direct purchase or capitalized lease agreements occur.
B. "Adopted" means approval by council motion or ordinance.
C. "Agency" means a county office, officer, institution whether educational, correctional or other, department, division, board commission, except as otherwise provided in this chapter.
D. "Allocation" means a part of a lump sum appropriation that is designated for expenditure by either a specific organization unit or for specific purposes, or both.
E. "Allotment" means a part of an appropriation that may be encumbered or expended during an allotment period.
F. "Allotment period" means a period of less than a fiscal year in length during which an allotment is effective.
G. "Allotment plan" means a fiscal management plan that divides a county agency's program element budget into quarterly increments, reflecting the cyclical or seasonal pattern of expenditures, for the purpose of identifying over and under expenditures throughout the year.
H. "Appropriations" means an authorization granted by the council to make expenditures and to incur obligations for specific purposes.
I. "Appropriation ordinance" means the ordinance that establishes the legal level of appropriation for a fiscal year.
J. "Art" means funds budgeted for the one percent for art program under K.C.C. chapter 4.40 or as otherwise provided by ordinance for a public art program.
K. "Budget" means a proposed plan of expenditures for a given period or purpose and the proposed means for financing these expenditures.
L. "Budget detail plan" means the council's proposed spending plan for the operational budgets of all agencies detailed at the section level and attached to the adopted appropriation ordinance or as modified by the most-recent supplemental appropriation ordinance.
M. "Budget document" means a formal, written, comprehensive financial program presented by the executive to the council, including an electronic database with revenues and expenditures for all county agencies at the lowest organization levels and all summary levels provided in the general ledger system, balanced to the financial plans and the appropriation ordinance, fee ordinances, motions related to proposed levy rates to comply with chapter 36.40 RCW and cost-of-living adjustment ordinance proposed by the executive.
N. "Budget message" means a formal oral presentation by the executive to the council that explains the budget in terms of goals to be accomplished and how the budget relates to the Comprehensive Plan.
O. "Capital improvement plan" means a plan that establishes the capital improvements required to implement an approved operational master plan. This plan should extend over a minimum period of six years to define long-range capital improvement requirements and the annual capital improvements budget for a user agency.
1. The capital improvement plan shall include the following elements, where applicable:
a. general program requirements that define the development scope for specific sites or facilities;
b. general space and construction standards;
c. prototype floor plans and prototype facility designs for standard improvements;
d. space requirements based on the adopted county space plan;
e. initial, and life-cycle cost, of alternative facilities and locations including lease and lease/purchase approaches;
f. approximate location of planned capital improvements;
g. general scope and estimated cost of infrastructure;
h. a schedule, that extends over a minimum of six years, for the implementation of projects included in capital improvement plans, based on overall user agency priorities and projected available revenue;
2. The user agency shall prepare the elements of the plan in subsection O.1. a, d, f, and h of this section. The implementing agency shall prepare the elements of this plan in subsection O.1. b, c, e, and g of this section.
3. The six-year budget schedule included in the capital improvement plan shall be updated annually in conjunction with the capital budget adoption process.
P. "Capital project” means a project with a scope that includes one or more of the following elements, all related to a capital asset: acquisition of either a site or existing structure, or both; program or site master planning; design and environmental analysis; construction; major equipment acquisition; reconstruction; demolition; or major alteration. "Capital project" includes a: project program plan; scope; budget by phase; and schedule. The project budget and phases of a project shall be prepared or managed by the implementing agency.
Q. "CIP" means capital improvement program.
R. "CIP exceptions notification" means, except for major maintenance reserve fund, roads, solid waste, surface water management and wastewater CIP projects, a letter filed with the clerk of the council for distribution to the chair of the budget and fiscal management committee, or its successor committee, which describes changes to an adopted CIP project's scope or schedule, or both, or total project cost and, with the exception of schedule changes, shall be sent in advance of any action. For major maintenance reserve fund CIP projects, "exceptions notification" means a letter filed with the clerk of the council for distribution to the chair of the budget and fiscal management committee, or its successor committee, that describes changes of fifteen percent or more to an adopted CIP project's scope or schedule, or both, or total project costs and, with the exception of schedule changes, shall be sent in advance of any action. For road CIP projects, "exceptions notification" means a letter filed with the clerk of the council for distribution to the chair of the transportation committee, or its successor committee, that describes changes of fifteen percent or more to an adopted CIP project's scope or schedule, or both, or total project costs and, with the exception of schedule changes, shall be sent in advance of any action. For wastewater, solid waste and surface water management CIP projects, "exceptions notification" means a letter filed with the clerk of the council for distribution to the chair of the budget and fiscal management committee, or its successor committee, and to the chair of the utilities committee, or its successor committee, which describes changes of fifteen percent or more to an adopted CIP project's scope or schedule, or both, or total project costs and, with the exception of schedule changes, shall be sent in advance of any action.
S. "Close-out phase" means the time during which the administrative processes and associated accounting activities to close out all contracts occurs. The close-out phase follows final acceptance and may include multiyear monitoring.
T. "Council" means the metropolitan King County council.
U. "Deficit" means the excess of expenditures over revenues during an accounting period, or an accumulation of such excesses over a period of years.
V. "Director" means the ((director of the office of performance, strategy and)) budget director in the executive's office.
W. "Executive" means the King County executive, as defined by Article 3 of the King County Charter.
X. "Expenditures" means, where the accounts are kept on the accrual basis or the modified accrual basis, the cost of goods delivered or services rendered, whether paid or unpaid, including expenses, provisions for debt retirement not reported as a liability of the fund from which retired, and capital outlays. Where the accounts are kept on the cash basis, "expenditures" means actual cash disbursements for these purposes.
Y. "Final design phase" means the time during which design is completed, permits and other permissions are secured so that the project, or staged elements of the project consistent with the project management plan, can proceed to implementation. Final design phase also includes development of a final cost estimate, plans, specifications and a bid package.
Z. "Financial plan" means a summary by fund of planned revenues and expenditures, reserves and undesignated fund balance.
AA. "Fiscal period" means a calendar year or a biennium.
BB. "Fund" an independent fiscal and accounting entity with a self-balancing set of accounts recording either cash or other resources, or both, together with related liabilities, obligations, reserves and equities that are segregated for the purpose of carrying on specific activities or attaining certain objectives in accordance with special regulations, restrictions or limitations.
CC. "Fund balance" means the excess of the assets of a fund over its liabilities and reserves except in the case of funds subject to budgetary accounting where, before the end of a fiscal period, it represents the excess of the fund assets and estimated revenues for the period over its liabilities, reserves and appropriations for the fiscal period.
DD. "General facility major maintenance emergent need contingency project" means an appropriation to provide contingent budget authority for emergent needs within major maintenance reserve fund CIP projects.
EE. "Implementation phase" means the time during which a project is constructed or implemented. "Implementation phase" also includes the testing, inspection, adjustment, correction and certification of facilities and systems to ensure that the project performs as specified. The implementation phase begins with the notice to proceed for the construction contract and ends with final acceptance of the project, unless otherwise specified in grant or regulatory requirements.
FF. "Implementing agency" means the appropriate department and division responsible for the administration of CIP projects.
GG. "Lapse" of an appropriation means an automatic termination of an appropriation.
HH. "Major maintenance reserve fund CIP project" means any major maintenance reserve fund CIP project that is allocated in the adopted six-year major maintenance reserve fund CIP and is appropriated at the major maintenance reserve fund level in accordance with K.C.C. 4.04.265 or is a high-risk project under K.C.C. 4.04.245.
II. "Major widening project" means any roads CIP project adding at least one through lane in each direction.
JJ. "Object of expenditure" means a grouping of expenditures on the basis of goods and services purchased, such as salary and wages.
KK. "Open space non-bond fund project" means an open space project that is allocated in the adopted six-year open space CIP and is appropriated at the open space non-bond fund number 3522 level in accordance with K.C.C. 4.04.300.
LL. "Operational master plan" means a comprehensive plan for an agency setting forth how the organization will operate now and in the future. An operational master plan shall include the analysis of alternatives and their life cycle costs to accomplish defined goals and objectives, performance measures, projected workload, needed resources, implementation schedules and general cost estimates. The operational master plan shall also address how the organization would respond in the future to changed conditions.
MM. "Planning phase" means the time during which identification and development of project need and potential alternatives, evaluation of technical and economic feasibility and development of a rough-order-of-magnitude total project cost estimate occurs.
NN. "Preliminary design phase" means the time during which when evaluation and analysis of potential project alternatives occurs, and the preferred alternative is selected and designed sufficiently to establish a project baseline, at thirty to forty percent design.
OO. "Program" means the definition of resources and efforts committed to satisfying a public need. The extent to which the public need is satisfied is measured by the effectiveness of the process in fulfilling the needs as expressed in explicit objectives.
PP. “Project program plan” means a plan, primarily in written narrative form, that describes the overall development concept and scope of work for a building, group of buildings or other facilities at a particular site. The complexity of the project program plan will vary based upon the size and difficulty of the program for a particular site. When the plan includes projects that are phased over time, each phase shall have an updated project program plan prepared by the user agency before project implementation. The project program plan shall be prepared by the user agency with assistance from the implementing agency. The program plan describes the user agency program requirements for a specific building or site; provides the basis for these requirements; and identifies when funds for the implementation of the capital projects will be provided. The program plan shall elaborate on the general program information provided in the operational master plan and the capital improvement plan. The plan shall also describe user agency programs, how these programs would fit and function on the site, and the general recommendation of the user agency regarding the appearance of the building or site. The plan shall indicate when a site master plan is required for a project.
QQ. "Public need" means those public services found to be required to maintain the health, safety and well-being of the general citizenry.
RR. "Quarterly management and budget report" means a report prepared quarterly by the director for major operating and capital funds, that:
1. Presents executive revisions to the adopted financial plan or plans;
2. Identifies significant deviations in agency workload from approved levels;
3. Identifies potential future supplemental appropriations with a brief discussion of the rationale for each potential supplemental;
4. Identifies significant variances in revenue estimates;
5. Reports information for each appropriation unit on the number of filled and vacant full-time equivalent and term-limited temporary positions and the number of temporary employees;
6. Includes the budget allotment plan information required under K.C.C. 4.04.060; and
7. Describes progress towards transitioning potential annexation areas to cities.
SS. "Reappropriation" means authorization granted by the council to expend the appropriation for the previous fiscal year for capital programs only.
TT. "Regulations" means the policies, standards and requirements, stated in writing, designed to carry out the purposes of this chapter, as issued by the executive and having the force and effect of law.
UU. "Revenue" means the addition to assets that does not increase any liability, does not represent the recovery of an expenditure, does not represent the cancellation of certain liabilities on a decrease in assets and does not represent a contribution to fund capital in enterprise and intragovernmental service funds.
VV. "Roads CIP project" means roads capital projects that are allocated in the adopted six-year roads CIP and are appropriated at the roads CIP fund level in accordance with K.C.C. 4.04.270 or a high-risk project under K.C.C. 4.04.245.
WW. "Scope change" means, except for major maintenance reserve fund, roads, solid waste, surface water management, and wastewater CIP projects, that a CIP project's total project cost increases by ten percent or by fifty thousand dollars, whichever is less. For major maintenance reserve fund, roads, solid waste, surface water management, or wastewater CIP projects, "scope change" means the total project cost increases by fifteen percent.
XX. "Section" means an agency's budget unit comprised of a particular project, program or line of business as described in Ordinance 16445, Section 5, for the 2010 budget or for all subsequent budgets as described in the budget detail plan for the previous fiscal period as attached to the adopted appropriation ordinance or as modified by the most-recent supplemental appropriation ordinance. This definition is not intended to create an organizational structure for any agency.
YY. “Site master plan” means a plan prepared by the implementing agency, with input from the user agency, that describes, illustrates and defines the capital improvements required to provide user agency program elements.
1. The site master plan shall include preliminary information regarding, at a minimum:
a. site analysis, including environmental constraints;
b. layout, illustration, and description of all capital improvements;
c. project scopes and budgets;
d. project phasing; and
e. operating and maintenance requirements.
2. The site master plan shall be approved by the user agency and the implementing agency before submittal to the executive and council for approval.
ZZ. "Solid waste CIP project" means a solid waste project that is allocated in the adopted six-year solid waste CIP and is appropriated at the solid waste CIP fund level in accordance with K.C.C. 4.04.273 or is a high-risk project under K.C.C. 4.04.245.
AAA. "Surface water management CIP project" means a surface water management project that is allocated in the adopted six-year surface water management CIP and is appropriated at the surface water management CIP fund level in accordance with K.C.C. 4.04.275 or is a high-risk project under K.C.C. 4.04.245.
BBB. "User agency" means the appropriate department, division, office, or section to be served by any proposed CIP project.
CCC. "Wastewater asset management projects" means the wastewater capital projects identified and intended by the wastewater treatment division to extend and optimize the useful life of wastewater treatment assets, including facilities, structures, pipelines, and equipment.
DDD. "Wastewater CIP project" means wastewater capital projects that are allocated in the adopted six-year wastewater CIP and are appropriated at the wastewater CIP fund level in accordance with K.C.C. 4.04.280 or is a high-risk project under K.C.C. 4.04.245.
SECTION 26. Ordinance 12076, Section 35, as amended, and K.C.C. 4.10.050 are hereby amended to read as follows:
The executive finance committee is hereby confirmed as being the "county finance committee," referred to in RCW 36.29.020 and RCW 36.48.070, and shall be composed of the following: ((the county executive;)) the manager of the finance and business operations division; ((the director of the office of performance, strategy and budget)) a representative of the executive's office; the director of department of executive services; and the chair of the county council. The executive finance committee shall be responsible for directing the manager of the finance and business operations division in determining the maximum prudent extent to which residual treasury cash shall be invested pursuant to RCW 36.29.020 and this chapter. Actions of the committee shall be by majority vote except when the chair of the council determines such action constitutes a policy determination, as opposed to an administrative determination, which should be referred to the council. The chair of the council may defer action on the proposal until the council makes such policy determination regarding the proposed action.
SECTION 27. Ordinance 17293, Section 90, as amended, and K.C.C. 4A.10.495 are hereby amended to read as follows:
"Quarterly management and budget report" means a report prepared quarterly by the ((director of the office of performance, strategy and)) budget director in the executive's office, or ((its)) successor, that details revisions and variances for revenue collections and expenditures for major operating and capital funds under K.C.C. 4A.100.100.
SECTION 28. Ordinance 12045, Section 23, as amended, and K.C.C. 4A.100.040 are hereby amended to read as follows:
A.1. The executive shall prepare and distribute the budget in accordance with this subsection.
2. At least one hundred fifty-five days before the end of the fiscal period, all agencies shall submit to the executive information necessary to prepare the budget. Agencies shall submit their budget information at the lowest organization and account levels unless accompanied by a notice explaining the reasons for not doing so.
3. The basis for the executive's preliminary budget preparation of the pro forma budget, budget instructions to departments and preliminary review of departmental submittals to the executive shall be the preliminary economic and revenue forecast adopted by the forecast council.
4. Before presentation to the council, the executive may provide for hearings on all agency requests for expenditures and revenues to enable the executive to make determinations as to the need, value, or usefulness of activities or programs requested by agencies. The executive may require the attendance of agency officials at the hearings and the agency officials shall disclose any information required to enable the executive to arrive at final determinations.
5. The executive shall transmit a budget for the fiscal period and deliver a budget message to the council no later than ninety-five days before the end of the current fiscal period. The budget message shall explain the budget in fiscal terms and in terms of goals to be accomplished and shall relate the requested appropriations to the comprehensive plans of the county. Copies of the budget and budget message shall be delivered to the clerk of the council for distribution to councilmembers and legislative staff.
6. The updated economic and revenue forecast adopted by the forecast council shall be used as the basis for the budget.
7. Seven days before the presentation of the budget and budget message to the council, the ((director of the office of performance, strategy, and)) budget director in the executive's office, or ((its)) successor, shall submit to the council copies of all agency and departmental budget requests, departmental and divisional work programs.
8. The executive shall prepare and present a proposed appropriation ordinance not later than ninety-five days before the end of the current fiscal period. The proposed appropriation ordinance shall specify by any combination of fund, program, project, or agency, the expenditure levels and maximum number of full time equivalent employees for the fiscal period.
9. The executive shall make available to the public on the county's website, at no charge, an electronic copy of the budget and other summary documents.
10. The ((director of the office of performance, strategy, and)) budget director in the executive's office, or ((its)) successor, shall be responsible for the distribution of the budget, either in electronic or printed formats, and posting on the Internet. The director shall also be responsible for updating the electronic database to reflect the adopted appropriations ordinance and posting on the Internet.
11. If the fiscal period is a biennium, then the executive shall conduct a midbiennium review of the budget and propose adjustments during the adopted fiscal period, including any changes in the adopted overhead methodology.
B. The council shall:
1. Review the proposed appropriation ordinances and make any changes or additions it deems necessary except the council shall not change the form of the proposed appropriation ordinance submitted by the executive;
2. Announce and hold public hearings as it deems necessary;
3. Adopt an appropriation ordinance granting authority to make expenditures and to incur obligations upon completion of the budget hearings and at least thirty days before the end of the current fiscal period. The council may attach an accompanying statement specifying legislative intent;
4. Adopt tax and revenue ordinances as may be necessary to implement the adopted appropriation ordinance; and
5. Review any proposed midbiennium adjustments proposed by the executive during the adopted fiscal period, including any changes in the adopted overhead methodology.
SECTION 29. Ordinance 17929, Section 20, as amended, and K.C.C. 4A.100.070 are hereby amended to read as follows:
A.1. Any departments or agencies, except the council, with unanticipated expenditures shall submit to the executive a statement of unanticipated expenditures. The statement shall specify any request for supplemental appropriation by program, project, object of expenditure, or any combination thereof. The executive shall review the requests in accordance with the department's or agency's work plan and determine whether to submit a supplemental appropriation request.
2. If during the fiscal period the executive determines that revenues will be less than the expenditure amounts included in the appropriations ordinance, the executive shall revise the expenditures of departments or agencies funded from those revenue sources to prevent the making of expenditures in excess of revenues. If the executive determines that the fund has unrestricted reserves, the executive may use these reserves to avoid making expenditure reductions; however, the use of reserves may not reduce the fund balances below target reserve amounts. If the use of reserves exceeds five percent of the total appropriation, the council shall be notified in the quarterly management and budget report. An expenditure shall not be made from any portion of an appropriation that has been assigned to a reserve status except as provided in this section.
B. All unexpended appropriations in noncapital appropriation ordinances lapse at the end of the fiscal period.
C. The executive may transfer appropriation authority from an emergent need contingency project to support a cost increase for a capital project in the same fund in accordance with the procedures in K.C.C. 4A.100.080.
D.1. Except as provided in this subsection, an agency shall not expend or contract to expend any money in excess of amounts appropriated. A contract made in violation of this subsection is null and void. An officer, agent, or employee of the county knowingly responsible for such a contract is personally liable to anyone, including the county, damaged by the officer, agent, or employee's action.
2. An agency may contract to expend money in excess of existing appropriations when:
a. the contract commits the county to expend funds beyond the fiscal period and the contract includes a cancellation clause that provides:
(1) the contract may be unilaterally terminated by the county for lack of appropriation; and
(2) the costs associated with such a termination, if any, shall not exceed the appropriation for the fiscal period in which termination occurs;
b. the contract commits the county to expend funds beyond the fiscal period and the council, at the request of the executive, adopts an ordinance permitting the county to enter into the contract;
c. the contract implements a grant awarded to the county before the appropriation of grant funds, including appropriations that must be made in future years, if the council has received prior notice of the grant application and if either of the following conditions are met: all of the funds to be appropriated under the contract will be from the granting agency; or all financial obligations of the county under the contract are subject to appropriation; or
d. the contract is an emergency contract as authorized by K.C.C. 2.93.080.
3. In accordance with Section 495 of the King County Charter, real property shall not be leased to the county for more than one year unless it is included in a capital budget appropriation ordinance.
4.a. Any lease or license for the possession or use of real property by the county with a term, including any potential options, extensions, or renewals, longer than five years must be approved by the council before execution by the executive.
b. Any decision to extend a lease or license for the possession or use of real property by the county beyond a cumulative total of five years, whether memorialized through an option, extension, amendment, or new lease or license, must be approved by the council before execution by the executive.
c. Any lease or license for the possession or use of real property by the county that requires more than fifty thousand dollars in tenant improvement or other alterations to the real property for the benefit of the county must be approved by the council before execution by the executive.
d. Any lease or license for the possession or use of real property by the county shall comply with the requirements of K.C.C. 18.17.050.C.
5. Any lease or license or extension of a lease or license for the possession or use of real property by the county entered into for the purpose of implementing the Puget Sound emergency radio network project as described in Ordinance 17993 and approved by the voters at the election held on April 28, 2015, may commit the county to expend funds in excess of amounts appropriated, and may be executed by the executive without council approval.
E. A capital project budget and phases of a capital project shall be prepared by the user agency. The capital project shall be managed by the implementing agency.
F. Ongoing review of capital projects for which moneys have been appropriated shall be coordinated by the executive's office ((of performance, strategy and budget or its successor)). For capital projects involving more than one agency, representatives from the agencies shall consult with the executive's office ((of performance, strategy and budget or its successor)). The executive's office ((of performance, strategy and budget or its successor)) shall review capital projects for compliance with scope, budget, and schedule.
SECTION 30. Ordinance 17929, Section 21, as amended, and K.C.C. 4A.100.080 are hereby amended to read as follows:
A. An emergent need contingency project may be included in any capital improvement program fund under K.C.C. 4A.100.030.
B. Emergent need contingency projects must be included in the proposed capital fund's six year capital improvement program and be consistent with the proposed fund financial plan.
C. An emergent need contingency project amount shall not exceed either twenty percent of the total unexpended appropriation in a capital fund as of July 1 of the final year of the fiscal period plus the total adopted appropriations for the capital fund for the upcoming fiscal period or fifty million dollars, whichever is less.
D.1. For capital projects other than risk monitored projects, expenditure authority may be transferred from an emergent need contingency project to another capital project within the same fund to address costs not anticipated at the time of budget adoption. Capital projects requiring a transfer of less than twenty-five percent of total project costs, a scope change or a schedule deviation must be reported in the quarterly budget management report under K.C.C. 4A.100.100.
2. For transfers of twenty-five percent or more of total project costs, the ((director of the office of performance, strategy and)) budget director in the executive's office, or ((its)) successor, shall be responsible for electronically filing a capital project exception notification with the clerk of the council, who shall retain an electronic copy and provide an electronic copy to all councilmembers and the lead staff for the budget and fiscal management committee or its successor. The notification must be sent and authorized as set forth in subsection E. of this section in accordance with this section before any transfer may occur.
E. When the clerk of the council receives a capital project exception notification, the clerk of the council shall list the capital project exception notification under other business on the next two council agenda. Councilmembers may object to the proposed transfer of emergent need contingency expenditure authority to another project in the same fund at either of those two council meetings. If an objection is not made at either council meeting, the transfer may proceed. If an objection to the transfer of emergent need contingency is made at a council meeting, the transfer may not proceed. The clerk of the council shall notify the ((director of the office of performance, strategy and)) budget director in the executive's office, or ((its)) successor, of the council's action.
SECTION 31. Ordinance 620, Section 4, as amended, and K.C.C. 4A.100.100 are hereby amended to read as follows:
A. The following reports shall be prepared:
1. A comprehensive annual financial report. The executive shall annually prepare and publish a comprehensive financial report covering all funds and financial transactions of the county during the preceding fiscal period;
2. Internal county audit reports. The county auditor shall periodically prepare and publish the results of examinations performed by the county auditor's office of the effectiveness, efficiency, and equity of the operation of county agencies. The examination report and any departmental response to the audit shall be made available by the county auditor, either electronically or in print formats, and by posting on the Internet;
3. A state audit report. The examination report of the county's financial affairs and transactions issued annually by the Office of the State Auditor and the county response to the audit shall be made available to the State Auditor annually, either electronically or in print formats, and by posting on the Internet; and
4. Quarterly budget management reports.
a. The executive shall submit to the council a report detailing the results of actual revenue collections and expenditures for each fund. The report shall:
(1) present current financial plans for operating and capital funds that have gone through the ((office of performance, strategy, and budget's)) financial monitoring process of the executive's office, as described in the current comprehensive financial management policies adopted by council motion during the current quarter, including actual expenditures and revenues;
(2) identify significant variances in revenue and expenditure estimates for the general fund;
(3) list any transfer of emergent need contingency expenditure authority that would increase the total budget of a capital project, identifying those increases that are greater than fifteen percent;
(4) list any transfer of grant contingency expenditure authority;
(5) list any capital budget appropriations that have lapsed because the project has been completed or abandoned, or because no encumbrance or expenditure has been made for three years;
(6) report scope, schedule, and budget status for capital projects that has a baseline with total estimated cost greater than one million dollars;
(7) summarize the risks included in the risk assessment register for baselined risk monitored projects in the design phase, the acquisition phase, and the implementation phase, summarize change orders and amendments, explain change orders and amendments that have the cumulative potential to carry the project over project baseline, and summarize the results of the latest earned value analysis;
(8) report on all incremental changes to sections and attachments to the budget appropriations ordinance made during the quarter, including the ordinance numbers making the changes; and
(9) report on waivers to the regulations of K.C.C. chapter 18.17, in compliance with K.C.C. 18.17.060.
b. The report shall be electronically filed with the clerk of the council, who shall retain an electronic copy and provide and an electronic copy to all councilmembers and the lead staff of the budget and fiscal management committee, or its successor, no later than June 1 for the first quarterly report, September 1 for the second quarterly report, December 1 for the third quarterly report and March 1 for the fourth quarterly report. The ((director of performance, strategy, and)) budget director in the executive's office, or successor, shall also be responsible for posting the report on the Internet.
B. The King County project control officer is requested to report annually on the process used to ensure that all departments and divisions adhere to King County's construction management policies and procedures, the compliance rate for following the county's construction management policies and procedures, and the steps being taken to increase compliance with King County's construction management policies and procedures. Additionally, the report shall summarize all findings in regards to any changes in a contract's scope, schedule, or budget. The King County project control officer shall electronically file the report by June 1 of each calendar year with the clerk of the council, who shall retain an electronic copy and provide an electronic copy to all councilmembers, the lead staff for the budget and fiscal management committee or its successor and the county auditor's office.
SECTION 32. Ordinance 12076, Section 4, as amended, and K.C.C. 4A.110.010 are hereby amended to read as follows:
A. The ((director of the office of performance, strategy and)) budget director in the executive's office, or ((its)) successor, shall maintain a fiscal note process and shall update formats for fiscal notes as needed to provide for the requirements of this section, adopted comprehensive financial management policies, and any other information required by the council.
B. A fiscal note shall identify the incremental fiscal impact of a motion or ordinance that would directly or indirectly increase or decrease revenues or expenditures incurred by the county. A fiscal note shall include the estimated revenue and expenditure impact of any legislation for the current fiscal period, for the prior biennium and for the two subsequent biennia.
C. If proposed legislation authorizes the execution of a contract or interlocal agreement that extends beyond two subsequent biennia, the legislation's fiscal note shall document the impact through the end of the term of the proposed contract or interlocal agreement, either in fiscal terms or by using a narrative regarding the long term impacts. A fiscal note shall accompany any request for expenditure authority transmitted by the executive, but a fiscal note may be omitted when the executive certifies in writing with the transmittal that the legislation has no significant fiscal impact on either the operating budget or the capital budget, or both.
D. All fiscal notes shall include:
1. A brief descriptive title of the proposed legislation;
2. An explanation of how the revenue or expenditure impacts were developed. The explanation shall include, but not be limited to, quantifiable data that illustrates a significant workload increase or decrease caused by adoption of the proposed legislation major assumptions made in preparing the fiscal note;
3. For a program anticipated to be funded by any dedicated non-general fund revenue source, the fiscal note shall denote anticipated collection schedules for the non general fund revenue. For a new fee or a fee change, in addition to the requirements of K.C.C. 2.99.030, the fiscal note shall identify the fee and include the rates proposed. For a regulatory fee, the fiscal note shall include an analysis of the county costs associated with performing the regulatory function;
4. An updated financial plan or plans shall accompany the fiscal note if the expenditure impact of the proposal results in a positive or negative change of five percent or more in the fund financial plan.
E. The ((director of the office of performance, strategy and)) budget director in the executive's office, or ((its)) successor, shall provide a fiscal note on any proposed legislation whenever a fiscal note is requested by a councilmember. In addition, the director shall provide additional fiscal impact information regarding the proposed legislation upon request by a councilmember. The requested fiscal note or information shall be returned within five working days of the request to the requesting councilmember and shall be filed with the clerk of the council's office for distribution to all councilmembers, for distribution to lead staff of the budget and fiscal management committee, or its successor committee, and for inclusion with the legislation.
SECTION 33. Ordinance 17930, Section 13, as amended, and K.C.C. 4A.130.020 are hereby amended to read as follows:
A. The executive shall ensure that capital projects required to undergo a risk assessment receive an annual risk assessment score using a risk assessment scoring instrument developed by the county auditor. Except as provided in subsection D.2. of this section, at least annually, the executive shall notify the county auditor of those capital projects undergoing a risk assessment.
B. The risk assessment scoring instrument shall use information such as complexity of regulatory requirements, interdependencies with other projects and programs, schedule constraints, implementing agency resources, project delivery method, complexity of property acquisition issues, public impact, risks inherent to the likely construction technology or any other issues that could have a significant impact on the ability of the project to meet its project baseline scope, schedule or budget.
C. The risk assessment scoring instrument shall be completed by the implementing agency. The implementing agency director shall ensure that the risk assessment scoring instrument is reviewed and signed by agency staff who does not report to the project's project manager, to anyone who reports to that project manager or to anyone to whom that project manager directly reports. The implementing agency shall submit the completed risk assessment scoring instrument to the executive by a deadline set by the county auditor. The executive shall compile all completed risk assessment scoring instruments and submit the compilation to the county auditor.
D.1. For existing capital projects and anticipated capital project expenditure authority requests, by June 30 of each year the county auditor shall electronically file risk assessment score results, if required by K.C.C. 4A.130.010, and a letter recommending which capital projects should be designated risk monitored projects with the clerk of the council, who shall retain an electronic copy and distribute electronic copies to all councilmembers and the lead staff for the budget and fiscal management committee, or its successor. The county auditor shall also transmit an electronic copy of its recommendation letter required by this subsection to the ((director of the office of performance, strategy and)) budget director in the executive's office, or ((its)) successor.
2. For each capital project expenditure authority request included in a proposed supplemental capital budget appropriation ordinance, the executive shall transmit a risk assessment score, if required by K.C.C. 4A.130.010, to the county auditor. Within a reasonable time after receipt of such a risk assessment score, the county auditor shall determine whether the project has significant potential risk such that it warrants being designated a risk monitored project. The county auditor shall file a letter listing all projects that it recommends for designation as risk monitored projects under this subsection with the clerk of the council, who shall retain an electronic copy and distribute electronic copies to all councilmembers and the lead staff for the budget and fiscal management committee or its successor. The county auditor shall also transmit an electronic copy of its recommendation letter required by this subsection to the ((director of the office of performance, strategy and)) budget director in the executive's office, or ((its)) successor.
E.1. The council may designate a capital project as a risk monitored project by motion or the executive may designate a capital project as a risk monitored project by letter to the council if:
a. the capital project is recommended by the county auditor;
b. the capital project has not submitted a completed risk assessment scoring instrument as required by this chapter; or
c. the capital project is otherwise determined to have characteristics that increase its likelihood of being completed late or over budget at a potentially significant financial cost or other significant impact to the county.
2. The executive shall file an electronic copy of a risk monitored project designation letter with the clerk of the council, who shall retain an electronic copy and provide electronic copies to all councilmembers, the lead staff for the budget and fiscal management committee or its successor and the county auditor.
SECTION 34. Ordinance 15556, Section 3, as amended, and K.C.C. 4A.200.190 are hereby amended to read as follows:
A. There is hereby created the Climate Exchange fund, classified as a special revenue fund, for the purpose of accounting for any revenue generated by the sale of carbon credits and other emission credits, and the expenditures incurred for the purchase of carbon credits or other emission credits, in accordance with the rules of emissions trading programs in which the county may participate. Carbon credits include but are not limited to those credits sold or purchased through the Chicago Climate Exchange. This fund may also be used for the purpose of accounting for the sale or purchase of other emission credits as the county may develop.
B. Any financial benefit that accrues to the county from the sale of carbon or other emissions credits shall be appropriately invested in actions that either reduce emissions or address global warming impacts, or both.
C. The ((office of performance, strategy and)) budget director in the executive's office shall be the fund manager for the Climate Exchange fund.
D. For investment purposes, the Climate Exchange fund shall be considered a first tier fund.
SECTION 35. Ordinance 19841, Section 1, and K.C.C. 4A.200.213 are hereby amended to read as follows:
A. There is hereby created the county hospital levy fund.
B. The fund shall be a first-tier fund. It is a special revenue fund.
C. The ((director of the office of performance, strategy and)) budget director in the executive's office shall be the manager of the fund.
D. The fund shall account for the proceeds of the property tax levy authorized by RCW 36.62.090. The levy proceeds are for the express purpose of the operation, maintenance, and capital expenses of the hospital, and any outpatient clinics operated by the hospital, and for the payment of principal and interest on bonds issued for such purposes.
SECTION 36. Ordinance 19786, Section 1, and K.C.C. 4A.200.266 are hereby amended to read as follows:
A. There is hereby created the Doors Open Program fund.
B. The fund shall be a first tier fund. It is a special revenue fund.
C. The ((director of the office of performance strategy and)) budget director in the executive's office shall be the manager of the fund.
D. The fund shall receive all proceeds of an additional one-tenth of one percent sales and use tax imposed by the county as authorized in chapter 36.160 RCW.
E. Proceeds of the sales tax shall be used to support cultural organizations consistent with RCW 36.160.110 and Ordinance 19710, including transfer of proceeds to the cultural development authority, as the county's designated public agency under RCW 36.160.070, to perform its functions under Ordinance 19710.
SECTION 37. Ordinance 18662, Section 5, and K.C.C. 4A.200.317 are hereby amended to read as follows:
A. There is hereby created the general fund technology capital fund.
B. The fund shall be a second tier fund. It is a capital projects fund.
C. The ((director of the office of performance strategy and)) budget director in the executive's office shall be the manager of the fund.
D. The fund shall account for the proceeds of receipts from transfers from operating funds, bond proceeds, grants, and other revenues identified in the budget process to support approved technology projects. Receipts will be transferred into the capital fund on a reimbursable or scheduled basis.
E. The fund shall be used to support technology capital projects which support the operations of the general fund.
F. Any subfund of the fund created to hold and manage bond proceeds shall be treated as a first tier fund.
SECTION 38. Ordinance 18938, Section 1, and K.C.C. 4A.200.405 are hereby amended to read as follows:
A. There is hereby created the lodging tax fund.
B. The fund shall be a first tier fund. It is a special revenue fund.
C. The ((director of the office of performance strategy and)) budget director in the executive's office shall be the manager of the fund.
D. All revenues from the lodging tax shall be deposited into the fund beginning January 1, 2021.
E. The fund shall distribute lodging tax revenues consistent with the requirements of Washington state law and Ordinance 18788. Moneys in the fund shall only be used for the following purposes:
1. Transit oriented development projects that preserve or develop affordable workforce housing;
2. Services that support homeless youth;
3. For art museums, cultural museums, heritage museums, the arts and the performing arts; and
4. Capital or operating programs that promote tourism.
SECTION 39. Ordinance 15961, Section 1, as amended, and K.C.C. 4A.200.570 are hereby amended to read as follows:
A. There is hereby created the rainy day reserve fund.
B. The fund shall be a first tier fund. It is a subfund of the general fund.
C. The ((director of the office of performance strategy and)) budget director in the executive's office shall be the manager of the fund.
D. The fund shall receive revenue when available in an annual or supplemental budget ordinance.
E. The fund shall be used in the event of an emergency, as declared by a vote of the county council for the following purposes:
1. Maintenance of essential county services in the event that current expense fund revenue collections in a given fiscal year are less than ninety-seven percent of adopted estimates;
2. Payment of current expense fund legal settlements or judgments in excess of the county's ability to pay from other sources;
3. Catastrophic losses in excess of the county's other insurances against such losses; and
4. Other emergencies, as determined by the council.
SECTION 40. Ordinance 17527, Section 69, and K.C.C. 4A.200.580 are hereby amended to read as follows:
A. There is hereby created the real estate excise tax, number 1 fund.
B. The fund shall be a first tier fund. It is a capital projects fund.
C. The ((director of the office of performance strategy and)) budget director in the executive's office shall be the manager of the fund.
D. The fund may only be used for capital needs of the unincorporated area of the county.
SECTION 41. Ordinance 12076, Section 27, as amended, and K.C.C. 4A.200.590 are hereby amended to read as follows:
A. There is hereby created the real estate excise tax, number 2 fund.
B. The fund shall be a first tier fund. It is a capital projects fund.
C. The ((director of the office of performance strategy and)) budget director in the executive's office shall be the manager of the fund.
D. All receipts from K.C.C. 4.32.012 shall be deposited in the fund.
E. The fund may only be used for the planning, construction, reconstruction, repair, rehabilitation or improvement of parks located in or providing a benefit and open to residents of the unincorporated area of King County.
SECTION 42. Ordinance 14596, Section 1, as amended, and K.C.C. 4A.200.620 are hereby amended to read as follows:
A. There is hereby created the risk abatement fund.
B. The fund shall be a second tier fund. It is a special revenue fund.
C. The ((director of the office of performance strategy and)) budget director in the executive's office shall be the manager of the fund.
D. The fund shall be used to process administrative and related costs associated with fund activity.
SECTION 43. Ordinance 10159, Section 14, as amended, and K.C.C. 6.27A.120 are hereby amended to read as follows:
A. A franchisee or applicant for a franchise shall not deny cable service, or otherwise discriminate against any subscriber, access programmer, or resident on the basis of one or more of the protected classes as defined in K.C.C. chapter 3.12D, political affiliation, or income of the residents of the area in which the person resides. The franchisee shall comply at all times with all other applicable federal, state, and local laws, rules and regulations relating to nondiscrimination.
B. A franchisee shall not refuse to employ, nor discharge from employment, nor discriminate against any person in compensation or in terms, conditions, or privileges of employment because of one or more of the protected classes as defined in K.C.C. chapter 3.12D, political affiliation, or income.
C. A franchisee shall comply with all applicable federal, state, and local equal employment opportunity requirements.
D. The franchisee shall establish, maintain, and execute an equal employment opportunity plan and a minority/women's business procurement program, which shall be consistent with the intent of the county's affirmative action and minority/women's business procurement policies. Upon request, the franchisee shall file with the cable office a copy of their equal employment opportunity report submitted annually to the FCC and shall file with ((King County office of equity and racial and social justice)) the executive's office an annual compliance report detailing its progress with its minority/women's business procurement program during the previous year. The franchisee must also provide the cable office, upon request, copies of all other reports and information filed with federal, state, or local agencies concerning equal employment opportunity or employment discrimination laws. This subsection shall apply only to franchise agreements entered into after December 2, 1991.
E. Despite the other provisions of this section, no provision of this section shall invalidate any other section of this chapter.
SECTION 44. Ordinance 13981, Section 2, as amended, and K.C.C. 12.17.010 are hereby amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
A. "Business enterprise" means a licensed business organization located in or doing business in unincorporated King County or that is required to comply with this chapter by the terms of an agreement with King County under K.C.C. 12.17.100.
B. "Charging party" means the person aggrieved by an alleged unfair contracting practice or the person making a complaint on another person's behalf, or the executive's office ((of equity and racial and social justice)) when the executive's office ((of equity and racial and social justice)) files a complaint.
C. "Commercially significant contract" means a contract for the provision of services, including, but not limited to, construction services, consulting services or bonding or other financial services, or the sale of goods that exceeds five thousand dollars.
D. "Contract" means an agreement to perform a service or provide goods that entails a legally binding obligation and that is performed or intended to be wholly or partly performed within unincorporated King County or that includes King County as a party. "Contract" does not include the following: a contract for the purchase and sale of residential real estate; a contract for employment; and a collective bargaining agreement.
E. "Contracting agency" means a person who for compensation engages in recruiting, procuring, referral, or placement of contracts with a contractor, and that is doing business in King County.
F. "Contractor" means a business enterprise, including, but not limited to, a company, partnership, corporation, or other legal entity, excluding real property lessors and lessees, contracting to do business within the county. "Contractor" includes, but is not limited to, a public works contractor, a consultant contractor, a provider of professional services, a service agency, a vendor, and a supplier selling or furnishing materials, equipment, goods, or services, but does not include a governmental agency other than King County.
G. "Discriminate," "discrimination" and "discriminatory act" mean an action, other than an action taken in accordance with a lawful affirmative action program, or failure to act, whether by itself or as part of a practice, the effect of which is to adversely affect or differentiate between or among individuals or groups of individuals, by reasons of one or more of the protected classes as defined in K.C.C. chapter 3.12D unless based upon a bona fide contractual qualification.
H. "Party" includes the person making a complaint alleging an unfair contracting practice and the person alleged to have committed an unfair contracting practice.
I. "Person" includes one or more individuals, partnerships, business enterprises, associations, organizations, corporations, cooperatives, legal representatives, trustees, trustees in bankruptcy, receivers, or group of persons, and includes King County.
J. "Respondent" means a person who has been alleged or found to have committed an unfair contracting practice prohibited by this chapter.
K. "Retaliate" means to take action against any person because that person has:
1. Opposed any practice forbidden by this chapter;
2. Complied or proposed to comply with this chapter or any order issued under this chapter; or
3. Filed a complaint, testified or assisted in any manner in any investigation, proceeding, or hearing initiated under this chapter.
L. "Trade association" means an association of businesses organizations engaged in similar fields of business that is formed for mutual protection, the interchange of ideas, information, and statistics or the maintenance of standards within their industry.
SECTION 45. Ordinance 13981, Section 4, as amended, and K.C.C. 12.17.030 are hereby amended to read as follows:
A. An individual complaint alleging an unfair contracting practice in connection with a commercially significant contract may be filed with the ((office of equity and racial and social justice)) civil rights program by or on behalf of any person who claims to be aggrieved by that unfair contracting practice.
B. A complaint alleging that a group is being subjected to an unfair contracting practice in connection with a commercially significant contract may be filed by:
1. Any member of the group;
2. The ((office of equity and racial and social justice)) civil rights program;
3. A state or federal agency concerned with discrimination in contracting whenever the agency has reason to believe that an unfair contracting practice has been or is being committed; or
4. A trade association that has reason to believe that an unfair contracting practice has been or is being committed against any of its members.
C. A complaint alleging an unfair contracting practice shall be in writing on a form or in a format determined by the ((office of equity and racial and social justice)) civil rights program, shall be signed by the charging party, shall describe with particularity the unfair contracting practice complained of and shall include a statement of the dates, places and circumstances and the persons responsible for the acts and practices. The complaint must be filed within one hundred eighty days of the time of the alleged unfair contracting practice or within one hundred eighty days of when the charging party, through exercise of due diligence, should have had notice or been aware of the occurrence. However, the ((office of equity and racial and social justice)) civil rights program shall not reject a complaint as insufficient because of failure to include all required information, if the ((office of equity and racial and social justice)) civil rights program determines that the complaint substantially meets the informational requirements necessary for processing.
D. If a complaint has been filed in accordance with this chapter, the ((office of equity and racial and social justice)) civil rights program shall initiate an investigation under this chapter. If the ((office of equity and racial and social justice)) civil rights program determines that a violation of this chapter or a rule or regulation adopted under this chapter has occurred, the office shall issue an order in accordance with this chapter. With respect to violations of this chapter, the notice, service and hearings provisions in this chapter control over K.C.C. Title 23.
E. The charging party or the ((office of equity and racial and social justice)) civil rights program may amend a complaint: to cure technical defects or omissions; to clarify and amplify allegations made in the complaint; or to add allegations related to or arising out of the subject matter set forth, or attempted to be set forth, in the original complaint. For jurisdictional purposes, the amendments shall relate back to the date the original complaint was first filed. Either the charging party or the ((office of equity and racial and social justice)) civil rights program, or both, may amend a complaint for these reasons as a matter of right before service of notice of hearing on the matter, as provided under K.C.C. 12.17.070, and thereafter may amend a complaint only with permission of the hearing examiner, which permission shall be granted if justice will be served by the permission. All parties must be allowed time to prepare their cases with respect to additional or expanded allegations that the parties did not and could not have reasonably foreseen would be an issue at the hearing.
F. The charging party may also amend a complaint to include allegations of additional unrelated unfair contracting practices that arose after filing of the original complaint. The amendment must be filed within one hundred eighty days after the occurrence of the additional alleged unfair contracting practices and before the issuance of findings of fact and a determination with respect to the original complaint by ((office of equity and racial and social justice)) civil rights program. The amendments may be made at any time during the investigation of the original complaint if the ((office of equity and racial and social justice)) civil rights program will have adequate time to investigate the additional allegations and the parties will have adequate time to present the ((office of equity and racial and social justice)) civil rights program with evidence concerning the allegations before the issuance of findings of fact and a determination.
G. Upon the receipt of a complaint, the ((office of equity and racial and social justice)) civil rights program shall serve notice upon the charging party acknowledging the filing.
SECTION 46. Ordinance 13981, Section 5, as amended, and K.C.C. 12.17.040 are hereby amended to read as follows:
A. Upon receipt of a complaint meeting the requirements of K.C.C. 12.17.030, the ((office of equity and racial and social justice)) civil rights program shall, within twenty days, cause to be served or mailed to the respondent by certified mail, return receipt requested, a copy of the complaint along with a notice advising of procedural rights and obligations of respondents under this chapter, and shall promptly make an investigation of the complaint. Each respondent may file an answer to the complaint, not later than twenty days after receipt of notice from the ((office of equity and racial and social justice)) civil rights program. If the respondent is unable to file a response within twenty days, the respondent may request an extension of time from the ((office of equity and racial and social justice)) civil rights program. The extension may be granted if good cause is shown.
B. The investigation shall be commenced promptly. It shall be directed to ascertain the facts concerning the discriminatory practice alleged in the complaint and shall be conducted in an objective and impartial manner.
C. During the investigation, the ((office of equity and racial and social justice)) civil rights program shall consider any statement of position or evidence with respect to the allegations of the complaint which the charging party or the respondent wishes to submit. A person who is not named as a respondent in a complaint, but who is identified as a respondent in the course of the investigation, may be joined as an additional or substitute respondent upon written notice to the person from the ((office of equity and racial and social justice)) civil rights program. The notice, in addition to meeting the requirements of subsection A. of this section, shall explain the basis for the belief of the ((office of equity and racial and social justice)) civil rights program that the person to whom the notice is addressed is properly joined as a respondent.
D. During the period beginning with the filing of the complaint and ending with the issuance of the findings of fact, the ((office of equity and racial and social justice)) civil rights program shall, to the extent feasible, engage in settlement discussions with respect to the complaint. Nothing said or done in the course of the settlement discussions may be used as evidence in a subsequent proceeding under this chapter without the written consent of the persons concerned. A prefinding settlement agreement arising out of the settlement discussions shall be an agreement between the respondent and the charging party, and is subject to approval by the ((office of equity and racial and social justice)) civil rights program. Failure to comply with the prefinding settlement agreement may be enforced under K.C.C. 12.17.070.
E. The ((office of equity and racial and social justice)) civil rights program shall seek the voluntary cooperation of all persons: to obtain access to premises, records, documents, individuals, and other possible sources of information; to examine, record, and copy necessary materials; and to take and record testimony or statements of persons reasonably necessary for the furtherance of the investigation. The ((office of equity and racial and social justice)) civil rights program may conduct discovery in aid of the investigation by the following methods or others: deposition upon oral examination or written questions; written interrogatories; requests for the production of documents or evidence; inspection and physical and mental examinations; and requests for admissions. The ((office of equity and racial and social justice)) civil rights program may sign and issue subpoenas requiring the attendance and testimony of witnesses, the production of evidence including, but not limited to, books, records, correspondence, e-mail, or documents in the possession or under the control of the person subpoenaed, access to evidence for the purpose of examination and copying as are necessary for the investigation. The ((office of equity and racial and social justice)) civil rights program shall consult with the prosecuting attorney before issuing any subpoena under this section.
F. If an individual fails to obey a subpoena, or obeys a subpoena but refuses to testify when requested concerning any matter under investigation, the ((office of equity and racial and social justice)) civil rights program may invoke the aid of the King County prosecuting attorney who may petition the King County superior court for an order or other appropriate action necessary to secure enforcement of the subpoena. The petition shall:
1. Be accompanied by a copy of the subpoena and proof of service;
2. Set forth in what specific manner the subpoena has not been complied with; and
3. Ask an order of the court to compel the witness to appear and testify or cooperate in the investigation of the unfair contracting practice.
G. If the ((office of equity and racial and social justice)) civil rights program concludes after the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this chapter, the ((office of equity and racial and social justice)) civil rights program may invoke the aid of the prosecuting attorney who may file a civil action for appropriate temporary, injunctive or preliminary relief pending final disposition of the complaint.
H. The results of the investigation shall be reduced to written findings of fact and a finding shall be made that there either is or is not reasonable cause for believing that an unfair contracting practice has been or is being committed.
I. If a finding is made that there is no reasonable cause, the finding shall be served on the charging party and respondent. Within thirty days after service of the negative finding, the charging party may file a written request with the ((office of equity and racial and social justice)) civil rights program asking for reconsideration of the finding. The ((office of equity and racial and social justice)) civil rights program shall furnish the charging party with information regarding how to request reconsideration. The ((office of equity and racial and social justice)) civil rights program shall respond in writing within a reasonable time by granting or denying the request.
SECTION 47. Ordinance 13981, Section 6, as amended, and K.C.C. 12.17.050 are hereby amended to read as follows:
A.1. If the finding is made initially or on request for reconsideration that reasonable cause exists to believe that an unfair contracting practice occurred, the ((office of equity and racial and social justice)) civil rights program shall endeavor to eliminate the unfair practice by conference, conciliation, and persuasion, which may include as a condition of settlement:
a. elimination of the unfair contracting practice;
b. payment of actual damages including payment of lost profits not in excess of the amount of monetary damage actually incurred;
c. payment of damages caused by emotional distress, humiliation, and embarrassment;
d. payment of attorneys' fees and costs; and
e. such other requirements as may be agreed upon by the parties and the ((office of equity and racial and social justice)) civil rights program.
2. A settlement agreement shall be reduced to writing and signed by the respondent and the charging party and shall be approved by the ((office of equity and racial and social justice)) civil rights program. An order shall then be entered by the ((office of equity and racial and social justice)) civil rights program setting forth the terms of the agreement. Copies of the order shall be delivered to all affected parties and the original of the order filed with the records and licensing services division. Failure to comply with the postfinding settlement agreement or order may be enforced under K.C.C. 12.17.070. Each postfinding settlement agreement is a public record.
B.1. If the parties cannot reach agreement, the ((office of equity and racial and social justice)) civil rights program shall make a finding to that effect, incorporate the findings in the order and furnish a copy of the order to all affected parties. The order shall also include:
a. a finding that an unfair contracting practice has occurred;
b. the basis for the finding; and
c. an order requiring the respondent to cease and desist from the unfair practice and to take appropriate affirmative measures, which may include:
(1) payment of actual damages including payment of lost profits not in excess of the amount of monetary damages actually incurred;
(2) payment of damages caused by emotional distress, humiliation and embarrassment;
(3) payment of attorneys' fees and costs; and
(4) such other action as in the judgment of the ((office of equity and racial and social justice)) civil rights program will effectuate the purposes of this chapter, which may include the requirement for a report on the matter of compliance.
2. If the ((office of equity and racial and social justice)) civil rights program finds the respondent willfully or knowingly committed any unfair contracting practice, the ((office of equity and racial and social justice)) civil rights program may further order the respondent to pay a civil penalty of up to one thousand dollars per violation, which penalty shall be paid to the King County treasury for deposit in the county general fund.
C. If there is a failure to reach an agreement for the elimination of any unfair contracting practice where the respondent is an executive department, division, or office of the county, the ((office of equity and racial and social justice)) civil rights program may compel compliance by the executive department, division, or office with any settlement agreement agreed to between the complainant and the ((office of equity and racial and social justice)) civil rights program.
SECTION 48. Ordinance 13981, Section 7, as amended, and K.C.C. 12.17.060 are hereby amended to read as follows:
A. A party aggrieved by an order of the ((office of equity and racial and social justice)) civil rights program may appeal in accordance with K.C.C. 20.22.080.
B. If the order of the ((office of equity and racial and social justice)) civil rights program is appealed, the office of the hearing examiner shall conduct a hearing for the purpose of affirming, denying or modifying the order. There shall be a verbatim record kept of the hearing and the hearing examiner shall have such rule-making and other power necessary for the conduct of the hearing as are specified by K.C.C. chapter 20.22. The order of the ((office of equity and racial and social justice)) civil rights program shall not be presumed correct. The hearing examiner's decision shall be based upon a preponderance of the evidence. The hearing shall be conducted within a reasonable time after receipt of the request for appeal. Written notice of the time and place of the hearing shall be given at least ten days before the date of the hearing to each affected party and to ((office of equity and racial and social justice)) civil rights program.
C. Each party has the following rights, among others:
1. To call and examine witnesses on any matter relevant to the issues of the complaint;
2. To introduce documentary and physical evidence;
3. To cross-examine opposing witnesses on any matter relevant to the issues of the complaint;
4. To impeach any witness regardless of which party first called the witness to testify;
5. To rebut evidence against the party; and
6. To self-represent or to be represented by anyone of the party's choice who is lawfully permitted to do so.
D. Following review of the evidence submitted, the hearing examiner presiding at the hearing shall enter written findings and conclusions and shall affirm or modify the order previously issued if the hearing examiner finds that a violation has occurred. The hearing examiner shall reverse the order if the hearing examiner finds that a violation did not occur. The hearing examiner may grant any relief that the ((office of equity and racial and social justice)) civil rights program could grant under K.C.C. 12.17.050.B. A copy of the hearing examiner's decision shall be delivered to all affected parties. The order of the hearing examiner is final unless reviewed by a court under K.C.C. 20.22.270.B.
SECTION 49. Ordinance 13981, Section 8, as amended, and K.C.C. 12.17.070 are hereby amended to read as follows:
A. If the ((office of equity and racial and social justice)) civil rights program has reasonable cause to believe that a respondent has breached a prefinding or postfinding settlement agreement executed under K.C.C. 12.17.040 or 12.17.050 or violated an order of the ((office of equity and racial and social justice)) civil rights program issued under K.C.C. 12.17.050 or an order of the hearing examiner issued under K.C.C. 12.17.060, ((office of equity and racial and social justice)) civil rights program shall refer the matter to the prosecuting attorney for the filing of a civil action under subsection B. of this section for the enforcement of the agreement.
B. The prosecuting attorney may commence a civil action in King County superior court for appropriate relief with respect to a breach of a prefinding or postfinding settlement agreement or violation of an order of the ((office of equity and racial and social justice)) civil rights program issued under K.C.C. 12.17.050 or an order of the hearing examiner issued under K.C.C. 12.17.060. The action may be commenced no later than ninety days after the referral of the alleged break underlying the referral under subsection A. of this section.
SECTION 50. Ordinance 13981, Section 9, as amended, and K.C.C. 12.17.080 are hereby amended to read as follows:
A. An aggrieved person may commence a civil action in King County superior court not later than one year after the occurrence or the termination of an alleged unfair contracting practice, whichever occurs last, to obtain appropriate relief with respect to the unfair contracting practice.
B. The computation of the one-year period does not include time during which an administrative proceeding under this chapter was pending with respect to a complaint or charge under this chapter based upon the discriminatory contracting practices.
C. An aggrieved person may commence a civil action under this section whether or not a complaint has been filed under K.C.C. 12.17.030 and without regard to the status of any such a complaint, except as provided in subsection D. of this section, but if a settlement or conciliation agreement has been reached with the consent of an aggrieved person, an action may not be filed under this subsection by the aggrieved person with respect to the alleged unfair contracting practice that forms the basis for the complaint except for the purpose of enforcing the terms of the agreement.
D. An aggrieved person may not commence a civil action under this section with respect to an alleged unfair contracting practice which forms the basis of a complaint if a hearing on the complaint has been convened by the office of the King County hearing examiner.
E. In a civil action under this section, if the court finds that an unfair contracting practice has occurred or is about to occur, the court may grant as relief any relief that the ((office of equity and racial and social justice)) civil rights program could grant under K.C.C. 12.17.050.B.
F. Relief granted under this section does not affect any contract, sale, encumbrance or lease consummated before the granting of the relief and involving a bona fide purchaser, encumbrances or tenant, without actual notice of the filing of a complaint with the ((office of equity and racial and social justice)) civil rights program or civil action under this title.
G. Upon timely application, the prosecuting attorney may intervene in the civil action if the prosecuting attorney determines that the case is of general public importance.
H. This section is intended to provide private judicial remedies for violations of this chapter that are expansive as the powers granted by the Constitution and laws of the state of Washington.
SECTION 51. Ordinance 13981, Section 10, as amended, and K.C.C. 12.17.090 are hereby amended to read as follows:
The executive's office ((of equity and racial and social justice)) may implement such forms, administrative processes and operational procedures as are necessary to implement this chapter. The forms, processes and procedures shall be adopted in compliance with K.C.C. chapter 2.98. The ((office of equity and racial and social justice)) civil rights program shall further assist other county agencies and departments upon request in effectuating and promoting the purposes of this chapter.
SECTION 52. Ordinance 7430, Section 2, as amended, and K.C.C. 12.18.020 are hereby amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise:
A. "Aggrieved person" includes a person who claims to have been injured by an unfair employment practice.
B. "Charging party" means any person alleging an unfair employment practice under this chapter by filing a complaint with the ((office of equity and racial and social justice)) civil rights program.
C. "Discriminate," "discrimination," or "discriminatory act" means any action or failure to act, whether by itself or as part of a practice, the effect of which is to adversely affect or differentiate between or among, individuals or groups of individuals, by reasons of one or more of the protected classes as defined in K.C.C. chapter 3.12D unless based upon a bona fide occupational qualification.
D. "Employee" means any person who works for another in return for financial or other compensation, and does not include any individual employed by the individual's parents, spouse, or child, or in the domestic service of any person.
E. "Employer" means King County or any person acting in the interest of an employer, directly or indirectly, who employs eight or more persons in unincorporated King County, and includes neither any religious or sectarian organization not organized for private profit nor any governmental body other than King County.
F. "Employment agency" means any person who for compensation engages in recruiting, procuring, referral, or placement of employees with an employer.
G. "Gender identity or expression" means an individual's gender-related identity, appearance, or expression, whether or not associated with the individual's sex assigned at birth, and includes an individual's attitudes, preferences, beliefs, and practices pertaining to the individual's own gender identity or expression.
H. "Labor organization" means any organization existing for the purpose of:
1. Dealing with employers concerning grievances, terms or conditions of employment; or
2. Providing other mutual aid or protection in connection with employment.
I. "Party" includes the person making a complaint or upon whose behalf a complaint is made alleging an unfair employment practice, the person alleged or found to have committed an unfair employment practice, and the ((office of equity and racial and social justice)) civil rights program.
J. "Person" includes one or more individuals, partnerships, associations, organizations, corporations, cooperatives, legal representatives, trustees, trustees in bankruptcy, receivers, or groups of persons, and includes King County.
K. "Respondent" means any person who is alleged to or found to have committed an unfair employment practice prohibited by this chapter.
L. "Settlement discussions" or "conference, conciliation, and persuasion" means the attempted resolution of issues raised by a complaint, or by the investigation of a complaint, through informal negotiations involving the charging party, the respondent and the ((office of equity and racial and social justice)) civil rights program.
SECTION 53. Ordinance 7430, Section 4, as amended, and K.C.C. 12.18.040 are hereby amended to read as follows:
A. A complaint alleging an unfair employment practice may be filed by:
1. Any aggrieved person;
2. A state, local, or federal agency concerned with discrimination in employment, including the ((office of equity and racial and social justice)) civil rights program, if the agency has reason to believe that an unfair employment practice has been or is being committed; or
3. Any labor organization that has reason to believe that an unfair employment practice has been or is being committed.
B. A complaint alleging an unfair employment practice shall be in writing and signed by the charging party, and shall describe with particularity the unfair employment practice complained of, the location of the practice and the person alleged to have committed the unfair employment practice. The complaint must be filed with the ((office of equity and racial and social justice)) civil rights program within two years of the time of the alleged unfair employment practice or within two years of when the charging party, through exercise of due diligence, should have had notice or been aware of the occurrence. However, the ((office of equity and racial and social justice)) civil rights program shall not reject a complaint as insufficient because of failure to include all required information, if the ((office of equity and racial and social justice)) civil rights program determines that the complaint substantially meets the informational requirements necessary for processing.
C. Upon the receipt of a complaint, the ((office of equity and racial and social justice)) civil rights program shall serve upon the charging party notice acknowledging the filing.
D. The charging party or the ((office of equity and racial and social justice)) civil rights program may amend a complaint: to cure technical defects or omissions; to clarify and amplify allegations made in the complaint; or to add allegations related to or arising out of the subject matter set forth, or attempted to be set forth, in the original complaint. For jurisdictional purposes, the amendments relate back to the date the original complaint was first filed. Either the charging party or the ((office of equity and racial and social justice)) civil rights program, or both, may amend a complaint for these reasons as a matter of right before service of notice of hearing on the matter, as provided under K.C.C. 12.18.070, and thereafter may amend a complaint only with permission of the hearing examiner, which permission shall be granted if justice will be served by the permission. All parties must be allowed time to prepare their cases with respect to additional or expanded allegations that the parties did not and could not have reasonably foreseen would be an issue at the hearing.
E. The charging party may also amend a complaint to include allegations of additional unrelated unfair employment practices that arose after filing of the original complaint. The charging party must file any amendments adding the allegations within two years of the time of the additional unfair employment practice or within two years of when the charging party, through exercise of due diligence, should have had notice or been aware of the additional discriminatory act, and before the issuance of findings of fact and a determination with respect to the original complaint by the ((office of equity and racial and social justice)) civil rights program. The amendments may be made at any time during the investigation of the original complaint if the ((office of equity and racial and social justice)) civil rights program will have adequate time to investigate the additional allegations and the parties will have adequate time to present the ((office of equity and racial and social justice)) civil rights program with evidence concerning the allegations before the issuance of findings of fact and a determination.
SECTION 54. Ordinance 7430, Section 5, as amended, and K.C.C. 12.18.050 are hereby amended to read as follows:
A. Upon receipt of a complaint meeting the requirements of K.C.C. 12.18.040.C., the ((office of equity and racial and social justice)) civil rights program shall cause to be served or mailed, by certified mail, return receipt requested, a copy of the complaint to the respondent within twenty days after the filing of the complaint and shall promptly make an investigation of the complaint. Each respondent may file an answer to the complaint not later than twenty days after receipt of notice from the ((office of equity and racial and social justice)) civil rights program. If a respondent is unable to file a response within twenty days, the respondent may request an extension of time from the((office of equity and racial and social justice)) civil rights program. The ((office of equity and racial and social justice)) civil rights program may grant the extension if good cause is shown.
B. The ((office of equity and racial and social justice)) civil rights program shall direct the investigation to ascertain the facts concerning the unfair employment practice alleged in the complaint and shall conduct the investigation in an objective and impartial manner.
C. During the investigation, the ((office of equity and racial and social justice)) civil rights program shall consider any statement of position or evidence with respect to the allegations of the complaint which the charging party or the respondent wishes to submit. A person who is not named as a respondent in a complaint, but who is identified as a respondent in the course of investigation, may be joined as an additional or substitute respondent upon written notice, under subsection A. of this section, to the person from the ((office of equity and racial and social justice)) civil rights program. The notice, in addition to meeting the requirements of subsection A. of this section, must explain the basis for the ((office of equity and racial and social justice)) civil rights program belief that the person to whom the notice is addressed is properly joined as a respondent.
D. During the period beginning with the filing of the complaint and ending with the issuance of the findings of fact, the ((office of equity and racial and social justice)) civil rights program shall, to the extent feasible, engage in settlement discussions with respect to the complaint. Anything said or done in the course of the settlement discussions may not be made public or used as evidence in a subsequent proceeding under this chapter without the written consent of the persons concerned. A prefinding settlement agreement arising out of the settlement discussions must be an agreement between the respondent and the charging party and is subject to approval by the ((office of equity and racial and social justice)) civil rights program. Each prefinding settlement agreement is a public record. Failure to comply with the prefinding settlement agreement may be enforced under K.C.C. 12.18.080.
E. The ((office of equity and racial and social justice)) civil rights program shall seek the voluntary cooperation of all persons: to obtain access to premises, records, documents, individuals, and other possible sources of information; to examine, record, and copy necessary materials; and to take and record testimony or statements of persons reasonably necessary for the furtherance of the investigation. The ((office of equity and racial and social justice)) civil rights program may conduct discovery in aid of the investigation by the following methods or others: deposition upon oral examination or written questions; written interrogatories; requests for the production of documents or other evidence, for inspection and other purposes; physical and mental examinations; and requests for admissions. The ((office of equity and racial and social justice)) civil rights program may sign and issue subpoenas requiring the attendance and testimony of witnesses and the production of or access to evidence including books, records, correspondence, e-mail, or documents in the possession or under the control of the person subpoenaed as are necessary for the investigation. The ((office of equity and racial and social justice)) civil rights program shall consult with the prosecuting attorney before issuing a subpoena under this section.
F. If an individual fails to obey a subpoena, or obeys a subpoena but refuses to testify if requested concerning any matter under investigation, the ((office of equity and racial and social justice)) civil rights program may invoke the aid of the prosecuting attorney, who may petition to the superior court for an order or other appropriate action necessary to secure enforcement of the subpoena. The petition shall:
1. Be accompanied by a copy of the subpoena and proof of service;
2. Set forth in what specific manner the subpoena has not been complied with; and
3. Ask for an order of the court to compel the witness to appear and testify or cooperate in the investigation of the unfair employment practice.
G. If the ((office of equity and racial and social justice)) civil rights program concludes at any time after the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this chapter, the ((office of equity and racial and social justice)) civil rights program may invoke the aid of the prosecuting attorney, who may file a civil action for appropriate temporary, injunctive, or preliminary relief pending final disposition of the case.
H. The ((office of equity and racial and social justice)) civil rights program shall reduce the results of the investigation to written findings of fact and make a finding that there either is or is not reasonable cause for believing that an unfair employment practice has been or is being committed.
I. If a finding is made that there is no reasonable cause, the finding shall be served on the charging party and respondent. Within thirty days after service of such a negative finding, the charging party may file a written request with the ((office of equity and racial and social justice)) civil rights program asking for reconsideration of the finding. The ((office of equity and racial and social justice)) civil rights program shall furnish the charging party with information regarding how to request reconsideration. The ((office of equity and racial and social justice)) civil rights program shall respond in writing within a reasonable time by granting or denying the request.
SECTION 55. Ordinance 7430, Section 6, as amended, and K.C.C. 12.18.060 are hereby amended to read as follows:
A.1. If the ((office of equity and racial and social justice)) civil rights program makes the finding initially or on request for reconsideration that reasonable cause exists to believe that an unfair employment practice occurred, the ((office of equity and racial and social justice)) civil rights program shall endeavor to eliminate the unfair practice by conference, conciliation and persuasion which may include as a condition of settlement:
a. elimination of the unfair employment practice;
b. payment of back pay not in excess of the amount of monetary damage actually incurred;
c. payment of other actual damages, including damages caused by emotional distress, humiliation and embarrassment;
d. reinstatement;
e. payment of attorneys' fees and costs;
f. participation in training on fair employment laws; and
g. such other requirements as may lawfully be agreed upon by the parties and the ((office of equity and racial and social justice)) civil rights program.
2. Any postfinding settlement agreement shall be reduced to writing and signed by all parties, with the approval of the ((office of equity and racial and social justice)) civil rights program. The ((office of equity and racial and social justice)) civil rights program shall then enter an order setting forth the agreement and furnish copies of the order to all affected parties. Each postfinding settlement agreement is a public record. Failure to comply with the postfinding agreement or order may be enforced under K.C.C. 12.18.080.
B.1. If the parties cannot reach agreement, the ((office of equity and racial and social justice)) civil rights program shall make a finding to that effect, incorporate the finding in the order and furnish a copy of the order to all affected parties. The order shall also include:
a. a finding that an unfair employment practice occurred;
b. the basis for the finding; and
c. an order requiring the respondent to cease and desist from the unfair practice and to take appropriate affirmative measures, which may include:
(1) payment of back pay not in excess of the amount of monetary damage actually incurred;
(2) payment of other actual damages, including damages caused by emotional distress, humiliation, and embarrassment;
(3) reinstatement;
(4) payment of attorneys' fees and costs;
(5) participation in training on fair employment laws; and
(6) such other action as in the judgment of the ((office of equity and racial and social justice)) civil rights program will effectuate the purposes of this chapter, which may include the requirement for a report on the matter of compliance.
2. If the ((office of equity and racial and social justice)) civil rights program finds the respondent willfully or knowingly committed any unfair employment practice, the ((office of equity and racial and social justice)) civil rights program may further order the respondent to pay a civil penalty of up to s one thousand dollars per violation, which penalty shall be paid to the King County treasury for deposit in the county general fund.
C. If the parties fail to reach an agreement for the elimination of any unfair employment practice in which the respondent is an executive department, division or office of the county, the King County executive may compel compliance by the executive department, division or office with any settlement agreement agreed to between any charging party and the ((office of equity and racial and social justice)) civil rights program.
SECTION 56. Ordinance 7430, Section 7, as amended, and K.C.C. 12.18.070 are hereby amended to read as follows:
A. Any respondent or charging party, after by an order of the ((office of equity and racial and social justice)) civil rights program is made in accordance with K.C.C. 12.18.060.B., may appeal that order in accordance with K.C.C. 20.22.080.
B. If the order of the ((office of equity and racial and social justice)) civil rights program is appealed, the hearing examiner shall conduct a hearing for the purpose of affirming, denying, or modifying the order. There shall be a verbatim record kept of the hearing. The hearing examiner has such rule-making and other powers necessary for the conduct of the hearing as are specified by K.C.C. chapter 20.22. The ((office of equity and racial and social justice)) civil rights program shall not be presumed correct. The hearing examiner's decision shall be based upon a preponderance of the evidence. The hearing shall be conducted within a reasonable time after receipt of the request for appeal. Written notice of the time and place of the hearing shall be given at least ten days before the date of the hearing to each affected party and to the ((office of equity and racial and social justice)) civil rights program.
C. Each party may, among exercising other rights:
1. Call and examine witnesses on any matter relevant to the issues of the complaint;
2. Introduce documentary and physical evidence;
3. Cross-examine opposing witnesses on any matter relevant to the issues of the complaint;
4. Impeach any witness regardless of which party first called the witness to testify;
5. Rebut evidence against the party; and
6. Self-represent or be represented by anyone of the party's choice who is lawfully permitted to do so.
D. Following review of the evidence submitted, the hearing examiner presiding at the hearing shall enter written findings and conclusions and shall affirm or modify the order previously issued if the hearing examiner finds that a violation occurred. The hearing examiner shall reverse the order if the hearing examiner finds that a violation did not occur. The hearing examiner may grant as relief any relief that the executive's office ((of equity and racial and social justice)) could grant under K.C.C. 12.18.060.B. A copy of the hearing examiner's decision shall be delivered to all affected parties. The order of the hearing examiner is final unless reviewed by a court under K.C.C. 20.22.270.B.
SECTION 57. Ordinance 7430, Section 8, as amended, and K.C.C. 12.18.080 are hereby amended to read as follows:
A. If the ((office of equity and racial and social justice)) civil rights program has reasonable cause to believe that a respondent breached a prefinding or postfinding settlement agreement executed under K.C.C. 12.18.050 or 12.18.060, or violated an order of the ((office of equity and racial and social justice)) civil rights program issued under K.C.C. 12.18.060 or an order of the hearing examiner issued in accordance with K.C.C. 12.18.070, the ((office of equity and racial and social justice)) civil rights program shall refer the matter to the prosecuting attorney for the filing of a civil action under subsection B. of this section for the enforcement of the agreement.
B. The prosecuting attorney may commence a civil action in superior court for appropriate relief with respect to a breach of a prefinding or postfinding settlement agreement executed under K.C.C. 12.18.050 or 12.18.060, or a violation of an order of the ((office of equity and racial and social justice)) civil rights program issued under K.C.C. 12.18.060 or an order of the hearing examiner issued under K.C.C. 12.18.070. This action may be commenced no later than ninety days after the referral of the alleged breach under subsection A. of this section.
SECTION 58. Ordinance 15399, Section 17, as amended, and K.C.C. 12.18.085 are hereby amended to read as follows:
A. An aggrieved person may commence a civil action in superior court not later than three years after the occurrence or termination of an alleged unfair employment practice or ninety days after a determination of reasonable cause is issued by the ((office of equity and racial and social justice)) civil rights program, whichever occurs last, to obtain appropriate relief with respect to the unfair employment practice.
B. A civil action may be filed under this section whether or not an administrative complaint has been filed under K.C.C. 12.18.040 and without regard to the status of such a complaint. However, if ((office of equity and racial and social justice)) civil rights program obtained a prefinding or postfinding settlement or conciliation agreement with the consent of the aggrieved person, an action may not be filed under this section by the aggrieved person with respect to the alleged unfair employment practice that forms the basis for the complaint except for the purpose of enforcing the agreement. To preclude such a filing, the prefinding or postfinding settlement or conciliation agreement must include language that the aggrieved person knowingly waives any right to file a civil action based on the same alleged unfair employment practice.
C. Subject to subsection D. of this section, after the filing of a civil action involving the same claim or arising from the same facts and circumstances, whether under this chapter or similar law, the ((office of equity and racial and social justice)) civil rights program may administratively close a complaint of an unfair employment practice.
D. If a court dismisses a private cause of action without reaching the merits and on grounds that would not preclude pursuit of a complaint under this chapter, the charging party may request, within ninety days of the entry of the court's order of dismissal, that the ((office of equity and racial and social justice)) civil rights program reopen a previously filed case. Upon such a request, ((office of equity and racial and social justice)) civil rights program may reopen a case that was administratively closed upon the filing of a civil action. If the ((office of equity and racial and social justice)) civil rights program closes a case based on a "no reasonable cause" finding, the case shall not be reopened except as provided through reconsideration under K.C.C. 12.18.050.
E. A charging party or aggrieved person may not secure relief from more than one governmental agency, instrumentality, or tribunal for the same harm or injury.
F. An aggrieved person may not commence a civil action under this section with respect to an alleged unfair employment practice that forms the basis of a complaint if a hearing on the complaint has been convened under K.C.C. 12.18.070.
G. In a civil action under this section, if the court finds that an unfair practice occurred, the court may grant such relief as is available for violations of the Washington state Law Against Discrimination, chapter 49.60 RCW.
H. Upon timely application, the prosecuting attorney may intervene in the civil action if the prosecuting attorney determines that the case is of general public importance.
I. This section is intended to provide private judicial remedies for violations of this chapter that are as expansive as the powers granted by the Constitution and laws of the state of Washington.
SECTION 59. Ordinance 7430, Section 9, as amended, and K.C.C. 12.18.090 are hereby amended to read as follows:
The ((office of equity and racial and social justice)) civil rights program may implement such forms, administrative processes, and operational procedures as are necessary to comply with this chapter. The forms, processes, and procedures shall be adopted in compliance with K.C.C. chapter 2.98.
SECTION 60. Ordinance 13263, Section 52, and K.C.C. 12.18.097 are hereby amended to read as follows:
A. If a complaint is filed under this chapter, the ((office of equity and racial and social justice)) civil rights program shall initiate an investigation under this chapter.
B. If the ((office of equity and racial and social justice)) civil rights program determines that a violation of this chapter or any rules and regulations adopted under this chapter occurred, the ((office of equity and racial and social justice)) civil rights program shall issue an order in accordance with this chapter. For the enforcement of this chapter, if a conflict exists between this chapter and K.C.C. Title 23, this chapter controls over K.C.C. Title 23.
SECTION 61. Ordinance 19762, Section 12, and K.C.C. 12.18B.030 are hereby amended to read as follows:
A. Beginning January 1, 2026, the ((manager of the office of performance, strategy, and budget, or its designee,)) representative of the executive's office shall annually convene a workgroup to: evaluate whether the current hourly minimum wage rate as established by this chapter is sufficient to meet the basic needs of working households in King County; and analyze the current hourly minimum wage rate's impact to the region's economy. The workgroup's evaluation and analysis shall include, but not be limited to, the following considerations:
1. The Self-Sufficiency Standard for Washington State, developed in partnership with the University of Washington's Center for Women's Welfare and the Workforce Development Council of Seattle-King County;
2. Impacts to the county labor market including, but not limited to, employment rates, small business labor costs, and ability to attract new businesses to the region;
3. Impacts on the number of county residents that receive the federal Earned Income Tax Credit, the Washington State Working Families Tax Credit, and any other government benefits that are provided to low- and middle-income households; and
4. Disproportionate impacts to Black, Indigenous, and People of Color communities, if any.
B. Workgroup membership shall include, but not be limited to, the following:
1. The ((manager of the office of performance, strategy, and budget, or designee)) representative of the executive's office;
2. The county's chief economist, or designee;
3. The manager of the finance and business operations division, or designee;
4. The director of the department of local services, or designee;
5. The director of the department of human resources, or designee; and
6. The chair of the budget and fiscal management committee, or its successor, or designee.
C. The workgroup shall seek input from the community on its evaluation and analysis work as described in subsection A. of this section. The community shall include, but not be limited to, the following:
1. Economists and wage experts from accredited colleges and universities in the state of Washington;
2. Representatives from the King County Coalition of Unions;
3. Employers that contract with the county or have showed interest in contracting with the county; and
4. Organizations that represent employees and employers in unincorporated King County.
D. On behalf of the workgroup, the executive shall transmit a report of its findings and a recommendation, if any, to modify the hourly minimum wage rate established by this chapter. The executive shall electronically file the report and any proposed ordinance that would amend this chapter and any other chapters related to the hourly minimum wage rate of county employees and county contractors to implement the hourly minimum wage rate as recommended by the workgroup no later than June 30 of each year with the clerk of the council, who shall retain an electronic copy and provide an electronic copy to all councilmembers, the council chief of staff, and the lead staff for the transportation, economy, and environment committee, or its successor. The executive shall electronically distribute the report to all government entities in the county and to relevant state and federal agencies, including, but not limited to, the Washington state Department of Labor and Industries, or its successor.
SECTION 62. Ordinance 5280, Section 2, as amended, and K.C.C. 12.20.020 are hereby amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
A. "Aggrieved person" includes a person who:
1. Claims to have been injured by an unfair housing practice; or
2. Believes that the person will be injured by an unfair housing practice that is about to occur.
B. "Alternative source of income" means lawful, verifiable income derived from sources other than wages, salaries, or other compensation for employment. It includes but is not limited to moneys derived from Social Security benefits, other retirement programs, supplemental security income, unemployment benefits, child support, the state Aged, Blind or Disabled Cash Assistance Program, state Refugee Cash Assistance, and any other federal, state, local government, private, or nonprofit-administered cash benefit program.
C. "Charging party" means any person alleging an unfair housing practice under this chapter by filing a complaint with the ((office of equity and racial and social justice)) civil rights program.
D.1. "Disability" means:
a. a physical or mental impairment that substantially limits one or more of a person's major life activities, either temporarily or permanently;
b. a person is regarded as having such an impairment; or
c. a person has a disability under the Washington state Law Against Discrimination, chapter 49.60 RCW.
2. "Disability" does not include current, illegal use of a controlled substance, as defined in section 102 of 21 U.S.C. Sec. 802 as it exists on April 16, 2006.
E. "Discriminate" means any action or failure to act, whether by single act or as part of a practice, the effect of which is to adversely affect or differentiate between or among individuals or groups of individuals, because of one or more of the protected classes as defined in K.C.C. chapter 3.12D, participation in the Section 8 program or other housing subsidy program, or alternative source of income.
F. "Dwelling" or "dwelling unit" mean any building, structure, or portion of a building or structure that is occupied as, or designed or intended for occupancy as, a residence by one or more families or individuals, and any vacant land that is offered for sale or lease for the construction or location thereon of any such a building, structure, or portion of a building or structure.
G. "Gender identity or expression" means an individual's gender-related identity, appearance, or expression, whether or not associated with the individual's sex assigned at birth, and includes an individual's attitudes, preferences, beliefs, and practices pertaining to the individual's own gender identity or expression.
H. "Housing accommodations" means any dwelling or dwelling unit, rooming unit, rooming house, lot, or parcel of land in unincorporated King County that is used, intended to be used or arranged or designed to be used as, or improved with, a residential structure for one or more human beings.
I.1. "Parental status" means one or more individuals, who have not attained the age of eighteen years, being domiciled with:
a. a parent or another person having legal custody of the individual or individuals; or
b. the designee of such a parent or other person having the custody, with the written permission of the parent or other person.
2. The protections afforded against discrimination on the basis of familial status apply to a person who is pregnant or is in the process of securing legal custody of an individual who has not attained the age of eighteen years.
J. "Participation in the Section 8 program or other housing subsidy program" means participating in a short- or long-term federal, state, or local government, private, nonprofit, or other assistance program in which a tenant's rent is paid either partially or completely by the program, through a direct arrangement between the program and the owner or lessor of the real property. Other housing subsidy programs include, but are not limited to, the federal Veteran Affairs Supportive Housing vouchers, state Housing and Essential Needs funds and short-term rental assistance provided by rapid rehousing subsidies.
K. "Party" includes the person charging or making a complaint or upon whose behalf a complaint is made alleging an unfair practice, the person alleged or found to have committed an unfair practice and the ((office of equity and racial and social justice)) civil rights program.
L. "Person" means one or more individuals, partnerships, associations, organizations, corporations, cooperatives, legal representatives, trustees and receivers, or any group of persons; including any owner, lessee, proprietor, housing manager, agent or employee whether one or more natural persons. "Person" also includes any political or civil subdivisions of the state and any agency or instrumentality of the state or of any political or civil subdivision of the state.
M. "Real estate transaction" includes, but is not limited to, the sale, conveyance, exchange, purchase, rental, lease, or sublease of real property.
N. "Real estate-related transaction" means any of the following:
1. The making or purchasing of loans or providing other financial assistance:
a. for purchasing, constructing, improving, repairing, or maintaining real property; or
b. secured by real property; or
2. The selling, brokering, or appraising of real property.
O. "Real property" includes, but is not limited to, buildings, structures, real estate, lands, tenements, leaseholds, interests in real estate cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest therein.
P. "Respondent" means any person who is alleged or found to have committed an unfair practice prohibited by this chapter.
Q. "Senior citizens" means persons who are sixty-two years of age or older.
R. "Settlement discussions" and "conference, conciliation, and persuasion" mean the attempted resolution of issues raised by a complaint, or by the investigation of a complaint, through informal negotiations involving the charging party, the respondent, and the ((office of equity and racial and social justice)) civil rights program.
S. "Verifiable" means the source of income can be confirmed as to its amount or receipt.
SECTION 63. Ordinance 5280, Section 4, as amended, and K.C.C. 12.20.070 are hereby amended to read as follows:
A. A complaint alleging an unfair housing practice may be filed by:
1. Any aggrieved person; or
2. Any state, local, or federal agency concerned with discrimination in housing, including the ((office of equity and racial and social justice)) civil rights program has reason to believe that an unfair housing practice has been or is being committed.
B. A complaint alleging an unfair housing practice shall be in writing and signed by the charging party. The complaint must be filed by the charging party with the ((office of equity and racial and social justice)) civil rights program within three hundred sixty-five days after the occurrence or termination of the alleged unfair housing practice. The complaint must describe with particularity the practice complained of and the location of the practice and must identify the person being charged with committing an unfair housing practice. However, the ((office of equity and racial and social justice)) civil rights program shall not reject a complaint as insufficient because of failure to include all required information, if the ((office of equity and racial and social justice)) civil rights program determines that the complaint substantially meets the informational requirements necessary for processing.
C. Upon the receipt of a complaint alleging an unfair housing practice, the ((office of equity and racial and social justice)) civil rights program shall serve notice upon the charging party acknowledging the filing and advising the charging party of the time limits provided under this chapter and of the choice of forums provided by this chapter.
D. The charging party or the ((office of equity and racial and social justice)) civil rights program may amend a complaint: to cure technical defects or omissions; to clarify and amplify allegations made in the complaint; or to add allegations related to or arising out of the subject matter set forth, or attempted to be set for, in the original complaint. For jurisdictional purposes, the amendments relate back to the date the original complaint was first filed. Either the charging party or the ((office of equity and racial and social justice)) civil rights program, or both, may amend a complaint for these reasons as a matter of right before service of notice of hearing on the matter, as provided under K.C.C. 12.20.100, and thereafter may amend a complaint only with permission of the hearing examiner, which permission shall be granted if justice will be served by the permission, and all parties shall be allowed time to prepare their case with respect to additional or expanded allegations they did not and could not have reasonably foreseen would be an issue at the hearing.
E. The charging party may also amend a complaint to include allegations of additional unrelated discriminatory practices that arose after the filing of the original complaint. The charging party must file any amendments adding the allegations within three hundred sixty-five days after the occurrence or termination of the additional discriminatory practices and before the issuance of findings of fact and a determination with respect to the original complaint by the ((office of equity and racial and social justice)) civil rights program. The amendments may be made at any time during the investigation of the original complaint if the ((office of equity and racial and social justice)) civil rights program will have adequate time to investigate the additional allegations and the parties will have adequate time to present the ((office of equity and racial and social justice)) civil rights program with evidence concerning the allegations before the issuance of findings of fact and a determination.
SECTION 64. Ordinance 5280, Section 5, as amended, and K.C.C. 12.20.080 are hereby amended to read as follows:
A. After the filing of a complaint, the ((office of equity and racial and social justice)) civil rights program shall cause to be served on or mailed to the respondent, by certified mail, return receipt requested, a copy of the complaint, along with a notice advising of procedural rights and obligations of respondents under this chapter promptly and in no case longer than twenty days after the filing the complaint. Each respondent may file an answer to the complaint, not later than ten days after receipt of notice from the ((office of equity and racial and social justice)) civil rights program. If the respondent is unable to file a response within ten days, the respondent may request an extension of time from the ((office of equity and racial and social justice)) civil rights program not to exceed five days. The ((office of equity and racial and social justice)) civil rights program may grant the extension if good cause is shown.
B. The investigation shall be commenced promptly and in no event later than thirty days after receipt of the complaint. It shall be directed to ascertain the facts concerning the unfair practice alleged in the complaint and shall be conducted in an objective and impartial manner. The investigation shall be completed within one hundred days after the filing of the complaint, unless it is impracticable to do so. If the ((office of equity and racial and social justice)) civil rights program is unable to complete the investigation within the one hundred days, the ((office of equity and racial and social justice)) civil rights program shall notify the charging party and respondent, in writing, of the reasons for not doing so. The ((office of equity and racial and social justice)) civil rights program shall make final administrative disposition of a complaint within one year of the date of receipt of the complaint, unless it is impracticable to do so. If the ((office of equity and racial and social justice)) civil rights program is unable to do so, the ((office of equity and racial and social justice)) civil rights program shall notify the charging party and respondent, in writing, of the reasons for not doing so.
C. During the investigation, the ((office of equity and racial and social justice)) civil rights program shall consider any statement of position or evidence with respect to the allegations of the complaint that the charging party or the respondent wishes to submit.
D. A person who is not named as a respondent in a complaint, but who is identified as a respondent in the course of investigation, may be joined as an additional or substitute respondent upon written notice, under subsection A. of this section, to the person from the ((office of equity and racial and social justice)) civil rights program. The notice, in addition to meeting the requirements of subsection A. of this section, shall explain the basis for the belief of the ((office of equity and racial and social justice)) civil rights program that the person to whom the notice is addressed is properly joined as a respondent.
E. During the period beginning with the filing of the complaint and ending with the issuance of the findings of fact, the ((office of equity and racial and social justice)) civil rights program shall, to the extent feasible, engage in settlement discussions with respect to the complaint. Nothing said or done in the course of the settlement discussions may be made public or used as evidence in a subsequent proceeding under this chapter without the written consent of the persons concerned. A prefinding settlement agreement arising out of the settlement discussions shall be an agreement between the respondent and the charging party, and is subject to approval by the ((office of equity and racial and social justice)) civil rights program. Each prefinding settlement agreement is a public record. Failure to comply with the prefinding settlement agreement may be enforced under K.C.C. 12.20.120.
F. The ((office of equity and racial and social justice)) civil rights program shall seek the voluntary cooperation of all persons to: obtain access to premises, records, documents, individuals, and other possible sources of information; examine, record, and copy necessary materials; and take and record testimony or statements of persons reasonably necessary for the furtherance of the investigation. The ((office of equity and racial and social justice)) civil rights program may conduct discovery in aid of the investigation by the following methods or others: deposition upon oral examination or written questions; written interrogatories; requests for the production of documents or evidence, for inspection and other purposes; physical and mental examinations; and requests for admissions. The ((office of equity and racial and social justice)) civil rights program may sign and issue subpoenas requiring the attendance and testimony of witnesses, the production of evidence including books, records, correspondence, e-mail, or documents in the possession or under the control of the person subpoenaed and access to evidence for the purpose of examination and copying as are necessary for the investigation. The ((office of equity and racial and social justice)) civil rights program shall consult with the prosecuting attorney before issuing any subpoena under this section.
G. If an individual fails to obey a subpoena, or obeys a subpoena but refuses to testify when requested concerning any matter under investigation, the ((office of equity and racial and social justice)) civil rights program may invoke the aid of the prosecuting attorney, who shall petition to the superior court for an order or other appropriate action necessary to secure enforcement of the subpoena. The petition shall:
1. Be accompanied by a copy of the subpoena and proof of service;
2. Set forth in what specific manner the subpoena has not been complied with; and
3. Ask for an order of the court to compel the witness to appear and testify or cooperate in the investigation of the unfair housing practice.
H. If the ((office of equity and racial and social justice)) civil rights program concludes at any time after the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this chapter, the ((office of equity and racial and social justice)) civil rights program may invoke the aid of the prosecuting attorney, who shall file a civil action for appropriate temporary, injunctive or preliminary relief pending final disposition of the case.
I. The ((office of equity and racial and social justice)) civil rights program shall reduce the results of the investigation to written findings of fact and make a finding that there either is or is not reasonable cause for believing that an unfair housing practice has been or is being committed.
J. If a finding is made that there is no reasonable cause, the finding shall be served on the charging party and respondent. Within thirty days after service of such a negative finding, the charging party may file a written request with the ((office of equity and racial and social justice)) civil rights program asking for reconsideration of the finding. The ((office of equity and racial and social justice)) civil rights program shall furnish the charging party with information regarding how to request reconsideration. The ((office of equity and racial and social justice)) civil rights program shall respond in writing within a reasonable time by granting or denying the request.
SECTION 65. Ordinance 5280, Section 6, as amended, and K.C.C. 12.20.090 are hereby amended to read as follows:
A.1. If the ((office of equity and racial and social justice)) civil rights program makes the finding initially or on request for reconsideration that reasonable cause exists to believe that an unfair housing practice occurred or is about to occur, the ((office of equity and racial and social justice)) civil rights program shall endeavor to eliminate the unfair practice by conference, conciliation and persuasion, which may include as a condition of settlement the:
a. elimination of the unfair housing practice;
b. payment of actual damages, including damages caused by emotional distress, humiliation and embarrassment;
c. reinstatement to tenancy;
d. payment of attorneys' fees and costs;
e. payment of a civil penalty to vindicate the public interest up to the limits in 42 U.S.C. Sec. 3612(g)(3) and 24 C.F.R. 180.671(2003), as they exist on April 16, 2006, which penalty shall be paid to King County for deposit in the county general fund;
f. participation in training on fair housing laws; and
g. such other requirements as may lawfully be agreed upon by the parties and the ((office of equity and racial and social justice)) civil rights program.
2. Any postfinding settlement agreement shall be reduced to writing and signed by all parties, with the approval of the ((office of equity and racial and social justice)) civil rights program. The ((office of equity and racial and social justice)) civil rights program shall then enter an order setting forth the agreement and furnish copies of the order to all affected parties. Failure to comply with the postfinding agreement or order may be enforced under K.C.C. 12.20.120. Each postfinding settlement agreement is a public record.
B.1. If the parties cannot reach agreement, the ((office of equity and racial and social justice)) civil rights program shall make a finding to that effect, incorporate the finding in an order, and furnish a copy of the order to all affected parties. The order shall also include:
a. a finding that an unfair housing practice is about to occur or has occurred;
b. the basis for the finding; and
c. an order requiring the respondent to cease and desist from such unfair practice and to take appropriate affirmative action, including:
(1) payment of actual damages, including damages caused by emotional distress, humiliation and embarrassment;
(2) reinstatement to tenancy;
(3) payment of attorneys' fees and costs;
(4) participation in training on fair housing laws; and
(5) such other action as in the judgment of the ((office of equity and racial and social justice)) civil rights program will effectuate the purposes of this chapter, which may include the requirement for report on the matter of compliance, injunctive relief and the payment of a civil penalty to vindicate the public interest up to the limits set out in 42 U.S.C. Sec. 3612(g)(3) as it exists on April 16, 2006.
SECTION 66. Ordinance 10469, Section 11, as amended, and K.C.C. 12.20.095 are hereby amended to read as follows:
In the case of an order with respect to a discriminatory housing practice that occurred in the course of a business subject to a licensing or regulation by a governmental agency, the ((office of equity and racial and social justice)) civil rights program shall, not later than thirty days after the date of the issuance of the order or, if the order is appealed pursuant to K.C.C. 12.20.100, thirty days after the order is in substance affirmed upon the review:
A. Send copies of the findings of fact, conclusions of law and the order, to that governmental agency; and
B. Recommend to that governmental agency appropriate disciplinary action including, if appropriate, the suspension or revocation of the license of the respondent.
SECTION 67. Ordinance 5280, Section 7, as amended, and K.C.C. 12.20.100 are hereby amended to read as follows:
A.1. Any charging party, respondent, or aggrieved person on whose behalf the finding was made, after an order of the ((office of equity and racial and social justice)) civil rights program is made in accordance with K.C.C. 12.20.090.B., may appeal the order by electing to have the claims on which reasonable cause was found decided in a civil action under K.C.C. 12.20.124 or in a hearing before the hearing examiner. The ((office of equity and racial and social justice)) civil rights program shall provide the charging party, respondent, and aggrieved person on whose behalf the finding was made with information regarding how to make the election. This election must be made not later than thirty days after the receipt by the electing person of service of the order. The person making the election shall give notice of the election stating which forum is elected to the ((office of equity and racial and social justice)) civil rights program and to all other charging parties and respondents to whom the complaint relates. The notice of election should identify clearly and specifically:
a. the errors that the appellant believes were made in the action or decision that is being appealed, or the procedural irregularities associated with that action or decision;
b. specific reasons by the county's action should be reversed or modified; and
c. the desired outcome of the appeal.
2. Any order issued by the ((office of equity and racial and social justice)) civil rights program under K.C.C. 12.20.090.B. becomes final thirty days after service of the order unless a written notice of election is filed with the ((office of equity and racial and social justice)) civil rights program within the thirty-day period. If the order becomes final, parties violating the order are subject to the enforcement provisions of K.C.C. 12.20.120.
B. If no election of civil action is made, and an election for hearing is made, the complaint, any and all findings made and either affirmative action measures or civil penalties, or both, required shall be certified by the ((office of equity and racial and social justice)) civil rights program to the office of the hearing examiner for hearing.
C. A hearing shall be conducted by the office of the hearing examiner for the purpose of affirming, denying or modifying the order. There shall be a verbatim record kept of the hearing. The hearing examiner shall have such rule-making and other powers necessary for conduct of the hearing as are specified by K.C.C. chapter 20.22. The ((office of equity and racial and social justice)) civil rights program shall maintain the action and the order of the ((office of equity and racial and social justice)) civil rights program shall not be presumed correct. The hearing examiner's decision shall be based upon a preponderance of the evidence. The hearing shall be conducted within a reasonable time after receipt of the certification. Written notice of the time and place of the hearing shall be given at least ten days before the date of the hearing to each affected party and to the ((office of equity and racial and social justice)) civil rights program.
D. Each party may, among exercising other rights:
1. Call and examine witnesses on any matter relevant to the issues of the complaint;
2. Introduce documentary and physical evidence;
3. Cross-examine opposing witnesses on any matter relevant to the issues of the complaint;
4. Impeach any witness regardless of which party first called the witness to testify;
5. Rebut evidence against the party; and
6. Self-represent or be represented by anyone of the party's choice who is lawfully permitted to do so.
E. Following review of the evidence submitted, the hearing examiner presiding at the hearing shall enter written findings and conclusions and shall affirm or modify the order previously issued if the hearing examiner finds that a violation is about to occur or occurred. The hearing examiner shall reverse the order if the hearing examiner finds that a violation is not about to occur or did not occur. The hearing examiner may grant as relief any relief that the ((office of equity and racial and social justice)) civil rights program could grant under K.C.C. 12.20.090.B. A copy of the hearing examiner's findings, conclusions, and decision shall be served on all affected parties. The order of the hearing examiner is final unless reviewed by a court under K.C.C. 20.22.270.B.
SECTION 68. Ordinance 5280, Section 9, as amended, and K.C.C. 12.20.120 are hereby amended to read as follows:
A. If the ((office of equity and racial and social justice)) civil rights program has reasonable cause to believe that a respondent breached a prefinding or postfinding settlement agreement executed under K.C.C. 12.20.080 or 12.20.090 or violated an order of the ((office of equity and racial and social justice)) civil rights program issued under K.C.C. 12.20.090 or an order of the hearing examiner issued under K.C.C. 12.20.100, the ((office of equity and racial and social justice)) civil rights program shall refer the matter to the prosecuting attorney for the filing of a civil action under subsection B. of this section for the enforcement of the agreement.
B. The prosecuting attorney may commence a civil action in superior court for appropriate relief with respect to breach of a prefinding or postfinding settlement agreement executed under K.C.C. 12.20.080 or 12.20.090, or violation of an order of the ((office of equity and racial and social justice)) civil rights program issued under K.C.C. 12.20.090 or an order of the hearing examiner issued under K.C.C. 12.20.100. This action may be commenced no later than ninety days after the referral of the alleged breach under subsection A. of this section.
SECTION 69. Ordinance 10469, Section 13, as amended, and K.C.C. 12.20.122 are hereby amended to read as follows:
A. An aggrieved person may commence a civil action in superior court not later than one year after the occurrence or the termination of an alleged discriminatory housing practice, whichever occurs last, to obtain appropriate relief with respect to such discriminatory housing practice.
B. The computation of the one-year period shall not include any time during which an administrative proceeding under this chapter was pending with respect to a complaint or charge under this chapter based upon the discriminatory housing practices.
C. An aggrieved person may commence a civil action under this section whether or not a complaint has been filed under K.C.C. 12.20.070 and without regard to the status of any such complaint. However, if the ((office of equity and racial and social justice)) civil rights program or the United States Department of Housing and Urban Development has obtained a prefinding or postfinding settlement or conciliation agreement with the consent of an aggrieved person, an action may not be filed under this section by the aggrieved person with respect to the alleged discriminatory housing practice that forms the basis for the complaint except for the purpose of enforcing the agreement. To preclude such a filing, the prefinding or postfinding settlement or conciliation agreement must include language that the charging party knowingly waives any right to file a civil action based on the same alleged unfair housing practice.
D. Subject to subsection E. of this section, after the filing of a civil action involving the same claim or arising from the same facts and circumstances, whether under this chapter or similar law, the ((office of equity and racial and social justice)) civil rights program may administratively close a complaint of an unfair housing practice.
E. If a court dismisses a private cause of action without reaching the merits and on grounds that would not preclude pursuit of a complaint under this chapter, the charging party may request, within ninety days of the entry of the court's order of dismissal, that the ((office of equity and racial and social justice)) civil rights program reopen a previously filed case. Upon such a request, the ((office of equity and racial and social justice)) civil rights program may reopen a case that was administratively closed upon the filing of a civil action. If the ((office of equity and racial and social justice)) civil rights program closes a case based on a "no reasonable cause" finding, the case shall not be reopened except as provided through reconsideration under K.C.C. 12.20.080. A charging party or aggrieved person may not secure relief from more than one governmental agency, instrumentality, or tribunal for the same harm or injury.
F. An aggrieved person may not commence a civil action under this section with respect to an alleged discriminatory housing practice that forms the basis of a complaint if a hearing on the complaint has been convened by the office of the hearing examiner.
G. In a civil action under subsection A., of this section, if the court finds that a discriminatory practice occurred or is about to occur, the court may order remedies as allowed by 42 U.S.C. 3613 (c) as it exists on April 16, 2006, including punitive damages as provided in 42 U.S.C. 3613(c), and, subject to the restrictions of subsection H. of this section, may grant as relief, as the court deems appropriate, any permanent or temporary injunction, temporary restraining order or other order, including an order enjoining the defendant from engaging in the practice or ordering such affirmative action as might be appropriate. The court may also allow reasonable attorneys' fees and costs to the prevailing party.
H. Relief granted under this section shall not affect any contract, sale, encumbrance or lease consummated before the granting of the relief and involving a bona fide purchaser, encumbrances or tenant, without actual notice of the filing of a complaint with the ((office of equity and racial and social justice)) civil rights program or civil action under this chapter.
I. Upon timely application, the prosecuting attorney may intervene in the civil action if the prosecuting attorney determines that the case is of general public importance.
J. This section is intended to provide private judicial remedies for violations of this chapter that are as expansive as the powers granted by the Constitution of laws of the state of Washington.
SECTION 70. Ordinance 10469, Section 14, as amended, and K.C.C. 12.20.124 are hereby amended to read as follows:
A. If an election is made under K.C.C. 12.20.100 for the claims to be decided in a civil action, the ((office of equity and racial and social justice)) civil rights program shall authorize and, not later than thirty days after the election is made, shall commence, on behalf of the charging party, a civil action in superior court to affirm or modify the order of the ((office of equity and racial and social justice)) civil rights program issued under K.C.C. 12.20.090.
B. Any aggrieved person with respect to the issues to be determined in a civil action under this section may intervene as of right in that civil action.
C. In a civil action under this section, if the court finds that a discriminatory housing practice has occurred, or is about to occur, the court may grant as relief any relief which a court could grant with respect to such discriminatory housing practice in a civil action under K.C.C. 12.20.122. Any relief so granted that would accrue to an aggrieved person in a civil action commenced by that aggrieved person under K.C.C. 12.20.122 also accrues to that aggrieved person in a civil action under this section. If monetary relief is sought for the benefit of an aggrieved person who does not intervene in that civil action, the court shall not award the monetary relief if that aggrieved person has not complied with discovery orders entered by the court.
SECTION 71. Ordinance 10469, Section 16, as amended, and K.C.C. 12.20.133 are hereby amended to read as follows:
The ((office of equity and racial and social justice)) civil rights program may implement such forms, administrative processes, and operational procedures as are necessary to comply with this chapter. The forms, processes and procedures shall be adopted in compliance with K.C.C. chapter 2.98.
SECTION 72. Ordinance 13263, Section 53, as amended, and K.C.C. 12.20.150 are hereby amended to read as follows:
A. If a complaint has been filed under this chapter, the ((office of equity and racial and social justice)) civil rights program shall initiate an investigation under this chapter.
B. If the ((office of equity and racial and social justice)) civil rights program determines that a violation of this chapter or any rules and regulations adopted under this chapter is about to occur or has occurred the ((office of equity and racial and social justice)) civil rights program shall issue an order in accordance with this chapter. For enforcement of this chapter, if a conflict exists between this chapter and K.C.C. Title 23, this chapter controls over K.C.C. Title 23.
SECTION 73. Ordinance 8625, Section 2, as amended, and K.C.C. 12.22.020 are hereby amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
A. "Aggrieved person" includes any person who claims to have been injured by an act of discrimination in a place of public accommodation;
B. "Charging party" means any person alleging an act of discrimination in a place of public accommodation under this chapter by filing a complaint with the ((office of equity and racial and social justice)) civil rights program.
C. "Discrimination" or "discriminatory practice or act" means any action or failure to act, whether by a single act or part of a practice, the effect of which is to adversely affect or differentiate between or among individuals, because of one or more of the protected classes as defined in K.C.C. chapter 3.12D.
D. "Gender identity or expression" means an individual's gender-related identity, appearance, or expression, whether or not associated with the individual's sex assigned at birth, and includes an individual's attitudes, preferences, beliefs, and practices pertaining to the individual's own gender identity or expression.
E. "Owner" includes a person who owns, leases, subleases, rents, operates, manages, has charge of, controls, or has the right of ownership, possession, management, charge, or control of real property on the person's own behalf or on behalf of another.
F. "Party" includes a person making a complaint or upon whose behalf a complaint is made alleging an unfair public accommodations practice, a person alleged or found to have committed an unfair public accommodations practice, and the ((office of equity and racial and social justice)) civil rights program.
G. "Person" means one or more individuals, partnerships, associations, organizations, corporations, cooperatives, legal representatives, trustees, trustees in bankruptcy, receivers, or any group of persons, and includes King County but no governmental body other than King County. "Person" also includes any owner, lessee, proprietor, manager, agent, or employee whether one or more natural persons.
H. "Place of public accommodation" means any place, store, or other establishment, either licensed or unlicensed, that supplies goods or services to the general public. "Place of public accommodation" includes, but is not limited to, the following types of services or facilities: hotels, or other establishments provide lodging to transient guests; restaurants, cafeterias, lunchrooms, lunch counters, soda fountains, or other facilities principally engaged in selling or offering for sale food for consumption upon the premises; motion picture houses, theatres, concert halls, convention halls, sport arenas, stadiums, or other places of exhibition or entertainment; bowling alleys and amusement parks; retail establishments; transportation carriers; barber shops; beauty shops; bars or taverns or other facilities engaged in selling or offering for sale alcoholic beverages for consumption upon the premises; food banks, senior citizens centers, and other social service organizations and establishments; places of public accommodation operated by King County; and public burial facilities if the facilities are owned and operated by any cemetery corporation or burial association.
I. "Respondent" means a person who is alleged or found to have discriminated in a place of public accommodation.
J. "Senior citizen" means an individual as old or older than an age set for a senior category. The minimum age for the senior category is fifty-five years.
K. "Settlement discussions" or "conference, conciliation, and persuasion" means the attempted resolution of issues raised by a complaint, or by the investigation of a complaint, through informal negotiations involving the charging party, the respondent and the ((office of equity and racial and social justice)) civil rights program.
SECTION 74. Ordinance 8625, Section 4, as amended, and K.C.C. 12.22.040 are hereby amended to read as follows:
A. A complaint alleging discrimination in a place of public accommodation may be filed by:
1. Any aggrieved person; or
2. Any state, local, or federal agency concerned with discrimination in places of public accommodation, including the ((office of equity and racial and social justice)) civil rights program, if the agency has reason to believe that a discriminatory act or practice has been or is being committed.
B. A complaint alleging discrimination in a place of public accommodation shall be in writing and signed by the charging party. The complaint must be filed with the ((office of equity and racial and social justice)) civil rights program within one hundred eighty days of the occurrence of the alleged discrimination or within one hundred eighty days of when the charging party, through exercise of due diligence, should have had notice or been aware of the occurrence. The complaint must describe with particularity the practice complained of and the location of the practice and must identify the person being charged with committing the discrimination. However, the ((office of equity and racial and social justice)) civil rights program shall not reject a complaint as insufficient because of failure to include all required information, if the ((office of equity and racial and social justice)) civil rights program determines that the complaint substantially meets the informational requirements necessary for processing.
C. Upon the receipt of a complaint, the ((office of equity and racial and social justice)) civil rights program shall serve notice upon the charging party acknowledging the fling.
D. The charging party or the ((office of equity and racial and social justice)) civil rights program may amend a complaint: to cure technical defects or omissions; to clarify and amplify allegations made in the complaint; or to add allegations related to or arising out of the subject matter set forth, or attempted to be set forth, in the original complaint. For jurisdictional purposes, the amendments relate back to the date the original complaint was first filed. Either the charging party or the ((office of equity and racial and social justice)) civil rights program, or both, may amend a complaint for these reasons as a matter of right before service of notice of hearing on the matter as provided under K.C.C. 12.22.070, and thereafter may amend a complaint only with the permission of the hearing examiner, which permission shall be granted if justice will be served by the permission, and all parties shall be allowed time to prepare their cases with respect to additional or expanded allegations that the parties did not and could not have reasonably foreseen would be an issue at the hearing.
E. The charging party may also amend a complaint to include allegations of additional unrelated discriminatory acts that arose after filing of the original complaint. The charging party must file any amendments adding the allegations within one hundred eighty days of the occurrence of the alleged discrimination or within one hundred eighty days of when the charging party, through exercise of due diligence, should have had notice or been aware of the additional discriminatory act, and before the issuance of findings of fact and a determination with respect to the original complaint by the ((office of equity and racial and social justice)) civil rights program. The amendments may be made at any time during the investigation of the original complaint if the ((office of equity and racial and social justice)) civil rights program will have adequate time to investigate the additional allegations and the parties will have adequate time to present the ((office of equity and racial and social justice)) civil rights program with evidence concerning the allegations before the issuance of findings of fact and a determination.
SECTION 75. Ordinance 8625, Section 5, as amended, and K.C.C. 12.22.050 are hereby amended to read as follows:
A. After the filing of a complaint, the ((office of equity and racial and social justice)) civil rights program shall serve notice of the complaint and a copy of the complaint on the respondent within twenty days after the filing of the complaint. Each respondent may file an answer to the complaint not later than twenty days after receipt of notice from the ((office of equity and racial and social justice)) civil rights program. If a respondent is unable to file a response within twenty days, the respondent may request an extension of time from the ((office of equity and racial and social justice)) civil rights program. The extension may be granted by the ((office of equity and racial and social justice)) civil rights program if good cause is shown. The ((office of equity and racial and social justice)) civil rights program shall commence the investigation of the complaint promptly.
B. The ((office of equity and racial and social justice)) civil rights program shall direct the investigation to ascertain the facts concerning the discrimination in public accommodations alleged in the complaint and shall conduct the investigation in an objective and impartial manner. During the investigation, the ((office of equity and racial and social justice)) civil rights program shall consider any statement of position or evidence with respect to the allegations of the complaint that the charging party or the respondent wishes to submit. A person who is not named as a respondent in a complaint, but who is identified as a respondent in the course of the investigation, may be joined as an additional or substitute respondent upon written notice, as provided under subsection A. of this section, to the person from the ((office of equity and racial and social justice)) civil rights program. The notice, in addition to meeting the requirements of subsection A. of this section, must explain the basis for the belief of the ((office of equity and racial and social justice)) civil rights program that the person to whom the notice is addressed is properly joined as a respondent.
C. During the period beginning with the filing of the complaint and ending with the issuance of the findings of fact, the ((office of equity and racial and social justice)) civil rights program, to the extent feasible, engage in settlement discussions with respect to the complaint. Anything said or done in the course of the settlement discussions may not be made public or used as evidence in a subsequent proceeding under this chapter without the written consent of the persons concerned. A prefinding settlement agreement arising out of the settlement discussions must be an agreement between the respondent and the charging party, and is subject to approval by the ((office of equity and racial and social justice)) civil rights program. Each prefinding settlement agreement is a public record. Failure to comply with the prefinding settlement agreement may be enforced under K.C.C. 12.22.080.
D. The ((office of equity and racial and social justice)) civil rights program shall seek the voluntary cooperation of all persons to obtain access to premises, records, documents, individuals and other possible sources of information; to examine, record and copy necessary materials; and to take and record testimony or statements of persons reasonably necessary for the furtherance of the investigation. The ((office of equity and racial and social justice)) civil rights program may conduct discovery in aid of the investigation by the following methods or others: deposition upon oral examination or written questions; written interrogatories; requests for the production of documents or other evidence, inspection and other purposes; physical and mental examinations; and requests for admissions. The ((office of equity and racial and social justice)) civil rights program may sign and issue subpoenas requiring the attendance and testimony of witnesses and the production of or access to evidence including books, records, correspondence, e-mail or documents in the possession or under the control of the person subpoenaed as are necessary for the investigation. The ((office of equity and racial and social justice)) civil rights program shall consult with the prosecuting attorney before issuing a subpoena under this section.
E. If an individual fails to obey a subpoena issued under this section, or obeys the subpoena but refuses to testify if requested concerning a matter under investigation under this section, the ((office of equity and racial and social justice)) civil rights program may invoke the aid of the prosecuting attorney who may petition to the superior court for an order or other appropriate action necessary to secure enforcement of the subpoena. The petition shall:
1. Be accompanied by a copy of the subpoena and proof of service;
2. Set forth in what specific manner the subpoena has not been complied with; and
3. Ask for an order of the court to compel the witness to appear and testify or cooperate in the investigation of the discrimination in public accommodations.
F. If the ((office of equity and racial and social justice)) civil rights program concludes at any time after the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this chapter, the ((office of equity and racial and social justice)) civil rights program may invoke the aid of the prosecuting attorney who may file a civil action for appropriate temporary, injunctive, or preliminary relief pending final disposition of the case.
G. The ((office of equity and racial and social justice)) civil rights program shall reduce the results of the investigation to written findings of fact make and a finding that there either is or is not reasonable cause for believing that an act of discrimination in a place of public accommodations has been or is being committed.
H. If a finding is made that there is no reasonable cause, the finding shall be served on the charging party and respondent. Within thirty days after service of such a negative finding, the charging party may file a written request with the ((office of equity and racial and social justice)) civil rights program asking for reconsideration of the finding. The ((office of equity and racial and social justice)) civil rights program shall furnish the charging party with information regarding how to request reconsideration. The ((office of equity and racial and social justice)) civil rights program shall respond in writing within a reasonable time by granting or denying the request.
SECTION 76. Ordinance 8625, Section 6, as amended, and K.C.C. 12.22.060 are hereby amended to read as follows:
A.1. If the ((office of equity and racial and social justice)) civil rights program makes the finding initially or on request for reconsideration that reasonable cause exists to believe that discrimination in a place of public accommodation occurred, the ((office of equity and racial and social justice)) civil rights program shall endeavor to eliminate the discriminatory practice by conference, conciliation, and persuasion, which may include as a condition of settlement:
a. elimination of the discriminatory practice;
b. payment of refunds or credits not in excess of the amount of monetary damage actually incurred;
c. payment of other actual damages, including damages caused by emotional distress, humiliation and embarrassment;
d. payment of attorneys' fees and costs;
e. participation in training on public accommodations laws; and
f. such other requirements as may lawfully be agreed upon by the parties and the ((office of equity and racial and social justice)) civil rights program.
2. Any postfinding settlement agreement shall be reduced to writing and signed by all parties, with the approval of the ((office of equity and racial and social justice)) civil rights program. The ((office of equity and racial and social justice)) civil rights program shall then enter an order setting forth the agreement and furnish copies of the order to all affected parties. Each postfinding settlement agreement is a public record. Failure to comply with the postfinding settlement agreement or order may be enforced under K.C.C. 12.22.080.
B.1. If the parties cannot reach agreement, the ((office of equity and racial and social justice)) civil rights program shall make a finding to that effect, incorporate the finding in the order and furnish a copy of the order to all affected parties. The order shall also include:
a. a finding that discrimination in a place of public accommodation occurred;
b. the basis for the finding;
c. an order requiring the respondent to cease and desist from such discriminatory practice and to take appropriate affirmative measures, which may include:
(1) payment of refunds or credit or other damages not to exceed monetary damage actually incurred;
(2) payment of other actual damages, including damages caused by emotional distress, humiliation, and embarrassment;
(3) payment of attorneys' fees and costs;
(4) participation in training in public accommodations laws; or
(5) such other action as in the judgment of the ((office of equity and racial and social justice)) civil rights program will effectuate the purposes of this chapter, which may include the requirement for a report on the matter of compliance.
2. If the ((office of equity and racial and social justice)) civil rights program finds the respondent willfully or knowingly committed any discrimination in a place of public accommodation, the ((office of equity and racial and social justice)) civil rights program may further order the respondent to pay a civil penalty of up to one thousand dollars per violation, which penalty shall be paid to the King County treasury for deposit in the county general fund.
SECTION 77. Ordinance 8625, Section 7, as amended, and K.C.C. 12.22.070 are hereby amended to read as follows:
A.1. Any respondent or charging party, after an order of the ((office of equity and racial and social justice)) civil rights program is made in accordance with K.C.C. 12.22.060.B., may request an appeal hearing before the hearing examiner by filing a written request for hearing within thirty days of the service of the order. The request for hearing shall be filed with the ((office of equity and racial and social justice)) civil rights program. The request for hearing must identify clearly and specifically:
a. the errors that the appellant believes were made in the action or decision that is being appealed, or the procedural irregularities associated with that action or decision;
b. specific reasons why the county's action should be reversed or modified; and
c. the desired outcome of the appeal.
2. Unless the hearing examiner authorizes an amendment to the statement of appeal, the identification of errors and the statement of reasons for reversal or modification defines and limits the issues that the examiner may consider.
B. Any order issued by the ((office of equity and racial and social justice)) civil rights program in accordance with procedures in this chapter becomes final thirty days after service of the order unless a written request for hearing is filed with the ((office of equity and racial and social justice)) civil rights program within the thirty-day period.
C. If the order of the ((office of equity and racial and social justice)) civil rights program is appealed, the hearing examiner shall conduct a hearing for the purpose of affirming, denying or modifying the order. There shall be a verbatim record kept of the hearing. The hearing examiner has such rule-making and other powers necessary for the conduct of the hearing as are specified by K.C.C. chapter 20.22. The order of the ((office of equity and racial and social justice)) civil rights program shall not be presumed correct. The hearing examiner's decision shall be based upon a preponderance of the evidence. The hearing shall be conducted within a reasonable time after receipt of the request for appeal. Written notice of the time and place of the hearing shall be given at least ten days before the date of the hearing to each affected party and to the ((office of equity and racial and social justice)) civil rights program.
D. Each party may, among exercising other rights:
1. Call and examine witnesses on any matter relevant to the issues of the complaint;
2. Introduce documentary and physical evidence;
3. Cross-examine opposing witnesses on any matter relevant to the issues of the complaint;
4. Impeach any witness regardless of which party first called the witness to testify;
5. Rebut evidence against the party; and
6. Self-represent or be represented by anyone of the party's choice who is lawfully permitted to do so.
E. Following review of the evidence submitted, the hearing examiner presiding at the hearing shall enter written findings and conclusions and shall affirm or modify the order previously issued if the hearing examiner finds that a violation occurred. The hearing examiner shall reverse the order if the hearing examiner finds that a violation did not occur. The hearing examiner may grant as relief any relief that ((office of equity and racial and social justice)) civil rights program could grant under K.C.C. 12.22.060.B. A copy of the hearing examiner's decision shall be delivered to all affected parties. The order of the hearing examiner is final unless reviewed by a court under K.C.C. 20.22.270.B.
SECTION 78. Ordinance 8625, Section 8, as amended, and K.C.C. 12.22.080 are hereby amended to read as follows:
A. If the ((office of equity and racial and social justice)) civil rights program has reasonable cause to believe that a respondent breached a prefinding or postfinding settlement agreement executed under K.C.C. 12.22.050 or 12.22.060, or violated an order of the ((office of equity and racial and social justice)) civil rights program issued under K.C.C. 12.22.060 or an order of the hearing examiner issued under K.C.C. 12.22.070, the ((office of equity and racial and social justice)) civil rights program shall refer the matter to the prosecuting attorney for the filling of a civil action under subsection B. of this section for the enforcement of the agreement.
B. The prosecuting attorney may commence a civil action in superior court for appropriate relief with respect to a breach of a prefinding or postfinding settlement agreement executed under K.C.C. 12.22.050 or 12.22.060, or violation of an order of the ((office of equity and racial and social justice)) civil rights program issued under K.C.C. 12.22.060 or an order of the hearing examiner issued under K.C.C. 12.22.070. The action may be commenced no later than ninety days after the referral of the alleged breach underlying the referral under subsection A. of this section.
SECTION 79. Ordinance 15399, Section 59, as amended, and K.C.C. 12.22.085 are hereby amended to read as follows:
A. An aggrieved person may commence a civil action in superior court not later than one year after the occurrence or termination of alleged discrimination in a place of public accommodation or ninety days after a determination of reasonable cause is issued by the ((office of equity and racial and social justice)) civil rights program, whichever occurs last, to obtain appropriate relief with respect to the discrimination in public accommodations.
B. A civil action may be filed under this section whether or not an administrative complaint has been filed under K.C.C. 12.22.040 and without regard to the status of the complaint. However, if the ((office of equity and racial and social justice)) civil rights program obtained a prefinding or postfinding settlement or conciliation agreement with the consent of the aggrieved person, an action may not be filed by the aggrieved person with respect to the alleged discrimination in public accommodations that forms the basis for the complaint except for the purpose of enforcing the agreement. To preclude such a filing, the prefinding or postfinding settlement or conciliation agreement must include language that the aggrieved person knowingly waives any right to file a civil action under this section based on the same alleged discrimination in public accommodations.
C. Subject to subsection D. of this section, after the filing of a civil action involving the same claim or arising from the same facts and circumstances, whether under this chapter or similar law, the ((office of equity and racial and social justice)) civil rights program may administratively close a complaint of discrimination in public accommodations.
D. If a court dismisses a private cause of action without reaching the merits and on grounds that would not preclude pursuit of a complaint under this chapter, the charging party may request, within ninety days of the entry of the court's order of dismissal, that the ((office of equity and racial and social justice)) civil rights program reopen a previously filed case. Upon such a request, the ((office of equity and racial and social justice)) civil rights program may reopen a case that was administratively closed upon the filing of a civil action. If the ((office of equity and racial and social justice)) civil rights program closes a case based on a "no reasonable cause" finding, the case may not be reopened except as provided through reconsideration under K.C.C. 12.22.050.
E. A charging party or aggrieved person may not secure relief from more than one governmental agency, instrumentality, or tribunal for the same harm or injury.
F. An aggrieved person may not commence a civil action under this section with respect to an alleged discrimination in public accommodations practice that forms the basis of a complaint if a hearing on the complaint has been convened under K.C.C. 12.22.070.
G. In a civil action under this section, if the court finds that discrimination in public accommodations occurred, the court may grant such relief as is available for violations of the Washington state Law Against Discrimination, chapter 49.60 RCW.
H. Upon timely application, the prosecuting attorney may intervene in the civil action, if the prosecuting attorney determines that the case is of general public importance.
I. This section is intended to provide private judicial remedies for violations of this chapter that are as expansive as the powers granted by the Constitution and laws of the state of Washington.
SECTION 80. Ordinance 8625, Section 9, as amended, and K.C.C. 12.22.090 are hereby amended to read as follows:
The ((office of equity and racial and social justice)) civil rights program may implement such forms, administrative processes, and operational procedures as are necessary to comply with this chapter. The forms, processes and procedures shall be adopted in compliance with K.C.C. chapter 2.98.
SECTION 81. Ordinance 15399, Section 54, as amended, and K.C.C. 12.22.095 are hereby amended to read as follows:
A. If a complaint has been filed under this chapter, the ((office of equity and racial and social justice)) civil rights program shall initiate an investigation under the provisions of this chapter.
B. If the ((office of equity and racial and social justice)) civil rights program determines that a violation of this chapter or any rules and regulations adopted under this chapter occurred, the office shall issue an order under this chapter. For violations of this chapter, if a conflict exists between this chapter and K.C.C. Title 23, this chapter controls over K.C.C. Title 23.
SECTION 82. Ordinance 13147, Section 27, as amended, and K.C.C. 20.18.110 are hereby amended to read as follows:
A. Notice of the time, place, and purpose of a public hearing before the council to consider amendments to the Comprehensive Plan or development regulations shall at a minimum be given at least thirty days before the hearing by the following methods:
1. One publication in a newspaper of general circulation in the county.
2. For land use designation and zoning classification proposals only:
a. one additional publication in the area for which the area zoning is proposed, if available;
b. mailed to affected property owners, appropriate to the scope of the proposal, whose names appear on the rolls of the King County assessor and shall at a minimum include owners of properties within five hundred feet of affected property, at least twenty property owners in the vicinity of the property, and to any individuals or organizations that have formally requested to the department of local services, permitting division, ((department of performance, strategy and budget, regional planning section)) the executive's office, or the council, to be kept informed of applications in an identified area. If the additional publication referenced in subsection A.2.a. of this section is not available, the mailing radius shall be extended to one thousand feet, and at least forty property owners in the vicinity of the property. The mail shall be postmarked at least thirty days before the hearing. If the county sends the mailed notice by bulk mail, the certificate of mailing shall qualify as a postmark. Failure to notify any specific property owner shall not invalidate an area zoning proceeding or any resulting reclassification of land; and
c. posted on the county website.
B. Notice for site-specific land use map amendments shall also be provided in accordance with K.C.C. 20.18.050.
C. The county shall endeavor to provide notices required by this section in nontechnical language. The notice shall indicate how the detailed description of the ordinance required by K.C.C. 20.18.100 can be obtained by a member of the public.
SECTION 83. Ordinance 4461, Section 2, as amended, and K.C.C. 20.22.040 are hereby amended to read as follows:
The examiner makes decisions on:
A. Appeals of orders of the ombuds under the lobbyist disclosure code under K.C.C. chapter 1.07;
B. Appeals of sanctions of the finance and business operations division in the department of executive services under K.C.C. chapter 2.97;
C. Appeals of career service review committee conversion decisions for part-time and temporary employees under K.C.C. chapter 3.12A;
D. Appeals of electric vehicle recharging station penalties by the Metro transit department under K.C.C. 4A.700.700;
E. Appeals of notice and orders of the manager of records and licensing services or the department of local services permitting division manager under K.C.C. chapter 6.01;
F. Appeals of adult entertainment license denials, suspensions, and revocations under K.C.C. chapter 6.09;
G. Appeals of the fire marshal's decisions on fireworks permits under K.C.C. chapter 17.11;
H. Appeals of cable franchise nonrenewals under K.C.C. 6.27A.060 and notices and orders under K.C.C. 6.27A.240;
I. Appeals of notice and orders of the department of natural resources and parks under K.C.C. chapter 7.09;
J. Appeals of decisions of the director of the department of natural resources and parks on surface water drainage enforcement under K.C.C. chapter 9.04;
K. Appeals of decisions of the director of the department of natural resources and parks on requests for rate adjustments to surface and storm water management rates and charges under K.C.C. chapter 9.08;
L. Appeals of decisions on water quality enforcement under K.C.C. chapter 9.12;
M. Appeals of notice and orders of the manager of regional animal services under K.C.C. chapter 11.04;
N. Certifications by the finance and business operations division of the department of executive services under K.C.C. chapter 12.16;
O. Appeals of orders of the ((office of equity and racial and social justice)) civil rights program under K.C.C. chapter 12.17, K.C.C. chapter 12.18, K.C.C chapter 12.20, and K.C.C. chapter 12.22;
P. Appeals of noise-related orders and citations of the department of local services, permitting division, under K.C.C. chapter 12.86;
Q. A decision on a request for exemption under K.C.C. 12.25.020.F.;
R. Appeals of utilities technical review committee determinations on water service availability under K.C.C. 13.24.090;
S. Appeals of decisions regarding mitigation payment system, commute trip reduction, and intersection standards under K.C.C. Title 14;
T. Appeals of changes to speed limits under K.C.C. chapter 14.06;
U. Appeals related to road designations and redesignations under K.C.C. chapter 16.08;
V. Appeals of suspensions, revocations, or limitations of plumbing permits under K.C.C. chapter 16.32;
W. Appeals from denials of C-PACER applications under K.C.C. chapter 18.19;
X. Appeals of all Type 2 decisions under K.C.C. chapter 20.20, with the exception of appeals of shoreline permits, including shoreline substantial development permits, shoreline variances, and shoreline conditional uses, which are appealable to the state Shoreline Hearings Board;
Y. Type 3 decisions under K.C.C. chapter 20.20;
Z. Appeals of SEPA decisions under K.C.C. 20.44.120 and public rules adopted under K.C.C. 20.44.075;
AA. Appeals of completed farm management plans under K.C.C. 21A.30.045;
BB. Appeals of decisions of the interagency review committee created under K.C.C. 21A.37.070 regarding sending site applications for certification under K.C.C. chapter 21A.37;
CC. Appeals of citations, notices and orders, notices of noncompliance, and stop work orders issued under K.C.C. Title 23 or BOH chapter 1.08 ((of the code)) of the King County board of health code;
DD. Appeals of notices and certifications of junk vehicles to be removed as a public nuisance under K.C.C. Title 21A and K.C.C. chapter 23.10;
EE. Appeals of decisions not to issue a citation or a notice and order under K.C.C. 23.36.010;
FF. Appeals of fee waiver decisions by the department of local services, permitting division under K.C.C. 27.02.040;
GG. Appeals from decisions of the department of natural resources and parks related to permits, discharge authorizations, violations, and penalties under K.C.C. 28.84.050 and 28.84.060, civil infractions and penalties under K.C.C. 7.12.650, and suspensions of park privileges under K.C.C. 7.12.700.B.;
HH. Appeals of transit rider suspensions under K.C.C. 28.96.430;
II. Appeals of department of public safety seizures and intended forfeitures, when properly designated by the chief law enforcement officer of the department of public safety under RCW 69.50.505; and
JJ. Other applications or appeals prescribed by ordinance.
SECTION 84. Ordinance 19881, Section 164, and K.C.C. 21A.08.055 are hereby amended to read as follows:
A. Government and education land uses.
|
SIC# |
SPECIFIC LAND USE |
A |
F |
M |
RA (1) |
UR |
R-1 |
R-4 - R-8 |
R-12 - R-48 |
NB |
CB |
RB |
O |
I |
|
|
GOVERNMENT SERVICES: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
* |
Public Agency or Utility Office |
|
|
|
P2 C4 |
P2 C4 |
P2 C |
P2 C |
P2 C |
P |
P |
P |
P |
P3 |
|
* |
Public Agency or Utility Yard |
|
|
|
P5 |
P5 |
P5 |
P5 |
P5 |
|
|
P |
|
P |
|
* |
Public Agency Archives |
|
|
|
|
|
|
|
|
|
|
P |
P |
P |
|
921 |
Court |
|
|
|
|
|
|
|
|
|
P6 |
P |
P |
|
|
9221 |
Police Facility |
|
|
|
P7 |
P7 |
P7 |
P7 |
P7 |
P7 |
P |
P |
P |
P |
|
9224 |
Fire Facility |
|
|
|
C8 |
C8 |
C8 |
C8 |
C8 |
P |
P |
P |
P |
P |
|
* |
Utility Facility (12) |
P10 C11 |
P10 C11 |
P10 C11 |
P10 C11 |
P10 C11 |
P10 C11 |
P10 C11 |
P10 C11 |
P |
P |
P |
P |
P |
|
* |
Private Stormwater Management Facility |
P13 |
P13 |
P13 |
P13 |
P13 |
P13 |
P13 |
P13 |
P13 |
P13 |
P13 |
P13 |
P13 |
|
* |
Vactor Waste Receiving Facility |
P |
P |
P |
P14 |
P14 |
P14 |
P14 |
P14 |
P15 |
P15 |
P15 |
P15 |
P |
|
* |
Commuter Parking Lot |
|
|
|
P29 C |
P29 C |
|
P29 C |
P29 C |
P |
P |
P |
P |
P30 |
|
|
EDUCATION SERVICES: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
* |
Elementary School |
|
|
|
P16 P18 |
P |
P |
P |
P |
|
P17 P18 |
P17 P18 |
P17 P18 |
|
|
* |
Middle/Junior High School |
|
|
|
P18 C16 |
P |
P |
P |
P |
|
P17 C18 |
P17 C18 |
P17 C18 |
|
|
* |
Secondary or High School |
|
|
|
C16 C20 |
P21 |
P21 |
P21 |
P21 |
|
P17 C19 |
P17 C19 |
P17 |
|
|
8221-8222 |
College/University(26) |
P22 |
P22 |
|
P22 C23 S24 |
P22 C23 S24 |
P22 C23 S |
P22 C23 S |
P22 C23 S |
P22 C23 S |
P |
P |
P |
P |
|
* |
Vocational School |
|
|
|
|
P25 C |
P25 C |
P25 C |
P25 C |
|
|
P19 |
P27 |
P |
|
* |
School District Support Facility |
|
|
|
|
P28 C |
P28 C |
P28 C |
P28 C |
C19 |
P19 |
P19 |
P19 |
P19 |
B. Development conditions.
1. Subject to review and approval of conditions to comply with trail corridor provisions of K.C.C. chapter 21A.14.
2.a. Only as a reuse of a public school facility or a surplus nonresidential facility subject to K.C.C. chapter 21A.32; or
b. only when accessory to a fire facility and the office is no greater than one thousand five hundred square feet of floor area.
3. Only as an accessory use to another permitted use.
4. New utility office locations only if there is no commercial/industrial zoning in the utility district, and not in the RA-10 or RA-20 zones unless it is demonstrated that no feasible alternative location is possible.
5a. Utility yards only on sites with utility district offices; or
b. Public agency yards are limited to material storage for road maintenance facilities.
6. Only as a reuse of a surplus nonresidential facility subject to K.C.C. chapter 21A.32.
7. Limited to storefront police offices. Such offices shall not have:
a. holding cells;
b. suspect interview rooms (except in the NB zone); or
c. long-term storage of stolen properties.
8.a. All buildings and structures shall maintain a minimum distance of twenty feet from property lines adjoining RA, UR, and R zones;
b. Any buildings from which fire-fighting equipment emerges onto a street shall maintain a distance of thirty-five feet from such street;
c. No outdoor storage; and
d. Excluded from the RA-10 and RA-20 zones unless it is demonstrated that no feasible alternative location is possible.
10. Excluding local distribution gas storage tanks.
11. Limited to local distribution gas storage tanks that pipe to individual residences but excluding liquefied natural gas storage tanks.
12. As part of an application for construction of new electric transmission lines in regional utility corridors, or for the construction or siting of new, modified, or expanded gas or hazardous liquid transmission pipelines, the applicant shall submit an equity impact review of the proposal using tools developed by the executive’s office ((of equity and racial and social justice)). Until the tools have been developed and made publicly available by the executive’s office, the equity impact review is not required. The results from the equity impact review shall be used to assess equity impacts and opportunities during county permit review and may be used to inform determinations of project approval.
13. Private stormwater management facilities serving development proposals located on commercial/industrial zoned lands shall also be located on commercial/industrial lands, unless participating in an approved shared facility drainage plan. Such facilities serving development within an area designated urban in the King County Comprehensive Plan shall only be located in the urban area.
14. Only as an accessory use to a public agency or utility yard, or to a transfer station.
15. Vactor waste treatment, storage, and disposal shall be limited to liquid materials. Materials shall be disposed of directly into a sewer system or shall be stored in tanks, covered structures, or enclosed buildings.
16. A school may be located outside of the Urban Growth Area only if allowed under King County Comprehensive Plan policies. New high school sites shall abut or be accessible from a public street functioning as an arterial per the King County Design Standards.
17. If located outside of the urban area, shall be designed to primarily serve the rural area and natural resource lands and shall be located within a rural town. In CB, RB, and O zones, only for K-12 schools, and limited to a maximum of one hundred students.
18. Only as a reuse of an existing public school.
19. If located outside of the urban area, limited to projects that are of a size and scale designed to primarily serve the rural area and natural resource lands and shall be located within a rural town.
20. A high school may be allowed as a reuse of an existing public school if allowed under King County Comprehensive Plan policies.
21.a. New high schools permitted in the RA, UR, and R zones shall be subject to the review process in K.C.C. 21A.42.140.
b. Renovation, expansion, modernization, or reconstruction of a school, or the addition of relocatable facilities, is allowed.
22. Only as a reuse of a public school facility subject to K.C.C. chapter 21A.32.
23. Only as a reuse of a surplus nonresidential facility subject to K.C.C. chapter 21A.32.
24. Only for facilities related to resource-based research.
25. Only as a reuse of a public school facility or surplus nonresidential facility subject to K.C.C. chapter 21A.32. Before filing an application with the department, the applicant shall hold a community meeting in accordance with K.C.C. 20.20.035.
26. Except technical institutions, which are classified as vocational schools.
27. All instruction shall occur within an enclosed structure.
28. Only if adjacent to an existing or proposed school.
29. Limited to new commuter parking lots designed for thirty or fewer parking spaces or commuter parking lots located on existing parking lots for religious facilities, schools, or other allowed nonresidential uses that have excess capacity available during commuting, but only if the new or existing lot is adjacent to a designated arterial that has been improved to a standard acceptable to the department of local services.
30. Allowed as a primary or accessory use to an allowed industrial-zoned land use.
SECTION 85. Ordinance 10870, Section 337, as amended, and K.C.C. 21A.08.100 are hereby amended to read as follows:
A. Regional land uses.
|
SIC# |
SPECIFIC LAND USE |
A |
F |
M |
RA |
UR |
R-1 |
R-4 - R-8 |
R-12 - R-48 |
NB |
CB |
RB |
O |
I (15) |
|
* |
Jail |
|
|
|
|
|
S |
S |
S |
S |
S |
S |
S |
S |
|
* |
Jail Farm/Camp |
S |
S |
|
S |
S |
|
|
|
|
|
|
|
|
|
* |
Work Release Facility |
|
|
|
S19 |
S19 |
S |
S |
S |
S |
S |
S |
S |
|
|
* |
Public Agency Animal Control Facility |
|
S |
|
S |
S |
|
|
|
|
|
S |
|
P |
|
* |
Public Agency Training Facility |
|
S |
|
S3 |
|
|
|
|
|
S3 |
S3 |
S3 |
C4 |
|
* |
Hydroelectric Generation Facility |
|
C14 S14b |
|
C14 S14b |
C14 S14b |
C14 S14b |
C14 S14b |
|
|
|
|
|
|
|
* |
Nonhydroelectric Generation Facility |
C12 S29 |
C12 S29 |
C12 S29 |
C12 S29 |
C12 S29 |
C12 S29 |
C12 S29 |
C12 S29 |
C12 S29 |
C12 S29 |
C12 S29 |
C12 S29 |
P12 S29 |
|
* |
Renewable Energy Generation Facility |
C28 |
C28 |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
|
* |
Fossil Fuel Facility |
|
|
|
|
|
|
|
|
|
|
|
|
S27 |
|
* |
Battery Energy Storage System (30) |
|
S |
P |
P |
P |
C |
C |
C |
P |
P |
P |
P |
P |
|
* |
Communication Facility (17) |
C6c S |
P |
|
C6c S |
C6c S |
C6c S |
C6c S |
C6c S |
C6c S |
P |
P |
P |
P |
|
* |
Earth Station |
P6b C |
P |
|
C6a S |
C6a S |
C6c S |
C6a S |
C6a S |
P6b C |
P |
P |
P |
P |
|
* |
Energy Resource Recovery Facility |
|
S |
S |
S |
S |
S |
S |
S |
S |
S |
S |
S |
S |
|
* |
Soil Recycling Facility |
|
S |
S |
S |
|
|
|
|
|
|
|
|
C |
|
* |
Landfill |
|
S |
S |
S |
S |
S |
S |
S |
S |
S |
S |
S |
S |
|
* |
Transfer Station |
|
|
S |
S |
S |
S |
S |
S |
S |
S |
S |
|
P |
|
* |
Wastewater Treatment Facility |
|
|
|
S |
S |
S |
S |
S |
S |
S |
S |
S |
C |
|
* |
Municipal Water Production |
S |
P13 S |
S |
S |
S |
S |
S |
S |
S |
S |
S |
S |
S |
|
* |
Airport/Heliport |
S7 |
S7 |
|
S |
S |
S |
S |
S |
S |
S |
S |
S |
S |
|
* |
Search and Rescue Facility |
|
|
|
C31 S31 |
|
|
|
|
|
|
|
|
|
|
* |
Regional Transit Authority Facility |
|
|
|
|
|
P25 |
|
|
|
|
|
|
|
|
* |
Rural Public Infrastructure Maintenance Facility |
|
|
|
C23 |
|
|
|
|
|
|
|
|
P |
|
* |
Transit Bus Base |
|
|
|
|
|
S |
S |
S |
S |
S |
S |
S |
P |
|
* |
Transit Comfort Facility |
|
|
|
P26 |
|
P26 |
P26 |
P26 |
P26 |
P26 |
P26 |
P26 |
P26 |
|
* |
School Bus Base |
|
|
|
C5 S20 |
C5 S |
C5 S |
C5 S |
C5 S |
S |
S |
S |
S |
P |
|
7948 |
Racetrack |
|
|
|
S8 |
S8 |
S8 |
S8 |
S8 |
S8 |
S8 |
S8 |
S8 |
S24 |
|
* |
Regional Motor Sports Facility |
|
|
|
|
|
|
|
|
|
|
|
|
P |
|
* |
County Fairgrounds Facility |
|
|
|
P21 S22 |
|
|
|
|
|
|
|
|
|
|
* |
Fairground |
|
|
|
|
|
|
|
|
|
S |
S |
|
S |
|
8422 |
Zoo/Wildlife Exhibit(2) |
|
S9 |
|
S9 |
S |
S |
S |
S |
|
S |
S |
|
|
|
7941 |
Stadium/Arena |
|
|
|
|
|
|
|
|
|
|
S |
|
S |
|
* |
Zoo Animal Breeding Facility |
P16 |
P16 |
|
P16 |
|
|
|
|
|
|
|
|
|
B. Development conditions.
1. Repealed.
2. Except arboretum.
3. Except weapons armories and outdoor shooting ranges.
4. Except outdoor shooting range.
5. Only in conjunction with an existing or proposed school.
6.a. Limited to no more than three satellite dish antennae.
b. Limited to one satellite dish antenna.
c. Limited to tower consolidations.
7. Limited to landing field for aircraft involved in forestry or agricultural practices or for emergency landing sites.
8. Except racing of motorized vehicles.
9. Limited to wildlife exhibit.
10. Repealed
11. Repealed
12.a. Limited to gas extraction as an accessory use to a waste management process, such as wastewater treatment, landfill waste management, livestock manure, and composting processes, and excluding anaerobic digesters.
b. an equity impact review of the proposal using tools developed by the ((office of equity and racial and social justice)) executive’s office. Until the tools have been developed and made publicly available by the ((office)) executive’s office, the equity impact review is not required. The results from the equity impact review shall be used to assess equity impacts and opportunities during county permit review and may be used to inform determinations of project approval.
13. Excluding impoundment of water using a dam.
14.a. Limited to facilities that comply with the following:
(1)((.)) Any new diversion structure shall not:
(a) exceed a height of eight feet as measured from the streambed; or
(b) impound more than three surface acres of water at the normal maximum surface level;
(2) There shall be no active storage;
(3) The maximum water surface area at any existing dam or diversion shall not be increased;
(4) An exceedance flow of no greater than fifty percent in mainstream reach shall be maintained;
(5) Any transmission line shall comply with the following:
(a) be limited to right-of-way of five miles or less; and
(b) be limited to capacity of two hundred thirty KV or less;
(6) Any new, permanent access road shall be limited to five miles or less; and
(7) The facility shall only be located above any portion of the stream used by anadromous fish.
b. The applicant shall submit an equity impact review of the proposal using tools developed by the ((office of equity and racial and social justice)) executive’s office. Until the tools have been developed and made publicly available by the ((office)) executive’s office, the equity impact review is not required. The results from the equity impact review shall be used to assess equity impacts and opportunities during county permit review and may be used to inform determinations of project approval.
15. For I-zoned sites located outside the urban area, uses shown as a conditional or special use in K.C.C. 21A.08.100.A., except for wastewater treatment facilities and racetracks, shall be prohibited. All other uses, including wastewater treatment facilities, shall be subject to the provisions for rural industrial uses in K.C.C.21A.09T.020.
16. The operator of such a facility shall provide verification to the department of natural resources and parks or its successor organization that the facility meets or exceeds the standards of the Animal and Plant Health Inspection Service of the United States Department of Agriculture and the accreditation guidelines of the American Zoo and Aquarium Association.
17. The following provisions of the table apply only to major communication facilities. Minor communication facilities shall be reviewed in accordance with the processes and standard outlined in K.C.C. chapter 21A.27.
18. Repealed.
19. Limited to work release facilities associated with natural resource-based activities.
20. Limited to projects that do not require or result in an expansion of sewer service outside the Urban Growth Area boundary, unless a finding is made that no cost-effective alternative technologies are feasible, in which case a tightline sewer sized only to meet the needs of the school bus base and serving only the school bus base may be used. Renovation, expansion, modernization, or reconstruction of a school bus base is allowed but shall not require or result in an expansion of sewer service outside the Urban Growth Area boundary, unless a finding is made that no cost-effective alternative technologies are feasible, in which case a tightline sewer sized only to meet the needs of the school bus base.
21.((a.)) Only in conformance with the King County Fairgrounds Site Development Plan Attachment A to Ordinance 14808. Modifications to the plan of up to ten percent are allowed for the following:
a. building square footage;
b. landscaping;
c. parking;
d. building height; or
e. impervious surface as established in the King County Fairgrounds Site Development Plan Environmental Checklist, dated September 21, 1999, Attachment B to Ordinance 14808.
22. A special use permit shall be required for any modification or expansion of the King County fairgrounds facility that is not in conformance with the King County Site Development Plan Report or that exceeds the allowed modifications to the plan identified in subsection B.21. of this section.
23. The facility shall be primarily devoted to rural public infrastructure maintenance and is subject to the following conditions:
a. The minimum site area shall be ten acres, unless:
(1) the facility is a reuse of a public agency yard; or
(2) the site is separated from a county park by a street or utility right-of-way;
b. Type 1 landscaping as provided in K.C.C. chapter 21A.16 shall be provided between any stockpiling or grinding operations and adjacent R or UR zoned property;
c. Type 2 landscaping as provided in K.C.C. chapter 21A.16 shall be provided between any office and parking lots and adjacent R or UR zoned property;
d. Access to the site does not use local access streets that abut R or UR zoned property, unless the facility is a reuse of a public agency yard;
e. Structural setbacks from property lines shall be as follows:
(1) Buildings, structures, and stockpiles used in the processing of materials shall be no closer than:
(a) one hundred feet from any R or UR zoned properties, except that the setback may be reduced to fifty feet when the grade where the building or structures are proposed is fifty feet or greater below the grade of the R or UR zoned property;
(b) fifty feet from any other zoned property, except when adjacent to a mineral extraction or materials processing site;
(c) the greater of fifty feet from the edge of any public street or the setback from R or UR zoned property on the far side of the street; and
(2) Offices, scale facilities, equipment storage buildings, and stockpiles shall not be closer than fifty feet from any property line except when adjacent to M or F zoned property or when a reuse of an existing building. Facilities necessary to control access to the site, when demonstrated to have no practical alternative, may be located closer to the property line;
f. On-site clearing, grading, or excavation, excluding that necessary for required access, roadway, or storm drainage facility construction, shall not be allowed within fifty feet of any property line except along any portion of the perimeter adjacent to M or F zoned property. If native vegetation is restored, temporary disturbance resulting from construction of noise attenuation features located closer than fifty feet shall be allowed; and
g. Sand and gravel extraction shall be limited to forty thousand yards per year.
24. The following accessory uses to a motor race track operation are allowed if approved as part of the special use permit:
a. motocross;
b. autocross;
c. skidpad;
d. garage;
e. driving school; and
f. fire station.
25. Regional transit authority facilities shall be exempt from setback and height requirements.
26. Transit comfort facility shall:
a. only be located outside of the urban area;
b. be exempt from street setback requirements; and
c. be no more than two hundred square feet in size.
27.a. Required for all new, modified, or expanded fossil fuel facilities. Modification or expansion includes, but is not limited to:
(1) new uses or fuel types within existing facilities;
(2) changes to the type of refining, manufacturing, or processing;
(3) changes in the methods or volumes of storage or transport of raw materials or processed products;
(4) changes in the location of the facilities on-site;
(5) replacement of existing facilities;
(6) increases in power or water demands; or
(7) increases in production capacity.
b. Before filing an application with the department, the applicant shall hold a community meeting in accordance with K.C.C. 20.20.035.
c. As part of permit application submittal for new, modified, or expanded fossil fuel facilities, the applicant shall submit the following documentation:
(1) an inventory of similar existing facilities in King County and neighboring counties, including their locations and capacities;
(2) a forecast of the future needs for the facility;
(3) an equity impact review of the proposal using tools developed by the ((office of equity and racial and social justice)) executive’s office. Until the tools have been developed and made publicly available by the ((office)) executive’s office, the equity impact review is not required. The results from the equity impact review shall be used to assess equity impacts and opportunities during county permit review and may be used to inform determinations of project approval;
(4) an analysis of alternatives to the facility, including location, conservation, demand management and other strategies;
(5) an analysis of economic and environmental impacts, including mitigation, of any similar existing facilities and of any new site or sites under consideration as an alternative to expansion of an existing facility;
(6) an extensive public involvement strategy that strives to effectively engage a wide range of racial, ethnic, cultural, and socioeconomic groups, including communities that are the most impacted;
(7) considered evaluation of any applicable prior review conducted by a public agency, local government, or interested party; and
(8) a greenhouse gas impact analysis prepared by the applicant(( )), the results of which shall be used to identify and mitigate the impacts of such facilities.
d. As part of permit application submittal, the applicant shall demonstrate financial responsibility meeting the requirements of K.C.C. chapter 21A.49. The financial responsibility shall be reviewed as part of the facility's periodic review under K.C.C. 21A.22.050.
e. New, modified or expanded fossil fuel facilities shall:
(1) not be located within one thousand feet from any schools, medical care facilities, or places of assembly that have occupancies of greater than one thousand persons;
(2) not be located within two hundred fifty feet from a regulated wetland or aquatic area, except when a larger buffer is required under K.C.C. chapter 21A.24, the buffer in K.C.C. chapter 21A.24 shall apply;
(3) maintain an interior setback of at least two hundred feet;
(4) store fossil fuels completely within enclosed structures, tanks, or similar facilities;
(5) be accessed directly to and from an arterial roadway; and
(6) comply with all applicable regulations in K.C.C. chapter 21A.22.
f. Proposals shall only be approved when the following conditions are met:
(1) the proposed facility can confine or mitigate all operational impacts;
(2) the facility can adequately mitigate conflicts with adjacent land uses;
(3) the full scope of environmental impacts, including life cycle greenhouse gas emissions and public health, have been evaluated and appropriately conditioned or mitigated as necessary, consistent with the County's substantive State Environmental Policy Act authority;
(4) the applicant can comply with applicable federal and state regulations, including the Clean Water Act, Clean Air Act, and Endangered Species Act;
(5) the applicant has demonstrated early, meaningful, and robust consultation with Indian tribes, the public, and surrounding property owners to assess impacts to Indian tribal treaty-protected cultural and fisheries resources; and
(6) risks to public health and public safety can be mitigated.
28. Limited to uses that will not convert more than two acres of farmland or forestland, or two and one-half percent of the farmland or forestland, whichever is less.
29.a. Before filing an application with the department, the applicant shall hold a community meeting in accordance with K.C.C. 20.20.035.
b. As part of permit application submittal for nonhydroelectric generation facilities, the applicant shall submit the following documentation:
(1) an inventory of similar existing facilities in King County and neighboring counties, including their locations and capacities;
(2) a report demonstrating that the facility would serve a significant portion of the county or metropolitan region, or is part of a statewide or national system;
(3) a forecast of the future needs for the facility;
(4) an equity impact review of the proposal using tools developed by the ((office of equity and racial and social justice)) executive’s office. Until the tools have been developed and made publicly available by the ((office)) executive’s office, the equity impact review is not required. The results from the equity impact review shall be used to assess equity impacts and opportunities during county permit review and may be used to inform determinations of project approval;
(5) an analysis of alternatives to the facility, including location, conservation, demand management, and other strategies;
(6) an analysis of economic and environmental impacts, including mitigation, of any similar existing facilities and of any new site or sites under consideration as an alternative to expansion of an existing facility;
(7) an extensive public involvement strategy that strives to effectively engage a wide range of racial, ethnic, cultural, and socioeconomic groups, including communities that are the most impacted;
(8) considered evaluation of any applicable prior review conducted by a public agency, local government, or interested party; and
(9) a greenhouse gas impact analysis prepared by the applicant, the results of which shall be used to identify and mitigate the impacts of such facilities.
c. As part of permit application submittal, an applicant shall demonstrate financial responsibility meeting the requirements of K.C.C. chapter 21A.49.
d. Nonhydroelectric generation facilities shall be subject to a periodic review meeting the same standards given in K.C.C. 21A.22.050. The financial responsibility required by subsection B.29.c. of this section shall be reviewed as part of the periodic review.
30. Battery energy storage systems, except those defined as an accessory use under K.C.C. 21A.06.015, 21A.06.020, or 21A.06.025, are subject to the applicable permit requirements of subsection A. of this section and the following conditions:
a. A minimum separation of ten feet shall be maintained between rooms or enclosures containing battery energy storage systems and landscaping or other vegetation;
b. As part of building permit application submittal, battery energy storage systems shall demonstrate financial responsibility for public liability and environmental risks in accordance with K.C.C. chapter 21A.49 if the total system capacity is more than two megawatts and all three of the following apply:
(1) the battery technology requires thermal runaway compliance under WAC 51-54A-1207.6;
(2) any individual room, cabinet, container, or other enclosure containing the system has an energy rating greater than two megawatt-hours, or any two enclosures are less than ten feet apart; and
(3) the system does not qualify as a remote installation under IFC 1207.8.1.;
c. As part of building permit application submittal, battery energy storage systems with a total system capacity more than two megawatts shall demonstrate financial responsibility for decommissioning in accordance with K.C.C. chapter 21A.49;
d. If financial responsibility is required by subsection B.30.b. or c. of this section, the applicant shall submit verification of financial responsibility to the department every five years, beginning five years from the date of permit issuance;
e. The findings and recommendations of studies, analyses, and testing required by K.C.C. Title 17, WAC 51-54A-1207, and the International Fire Code should be incorporated into the permit conditions for the facility; and
f. As part of application submittal, the applicant shall submit verification that preliminary fire safety and evacuation plans have been shared with the local fire protection district. The final plans shall be shared with the local fire protection district before final inspection approval.
31.a. For all search and rescue facilities:
(1) the minimum lot size is four and one half acres;
(2) structures and parking areas for search and rescue facilities shall maintain a minimum distance of seventy-five feet from interior lot lines that adjoin RA, UR, and R zones, unless located in a building designated as historic resource under K.C.C. chapter 20.62;
(3) use of the search and rescue facility is limited to activities directly relating to the search and rescue organization, except that the facility may be used by law enforcement and other public emergency responders for training and operations related to search and rescue activities; and
(4) the applicant shall demonstrate the absence of existing search and rescue facilities that are adequate to conduct search and rescue operations in the rural area.
b. A special use permit is required when helicopter fueling, maintenance, or storage is proposed.
SECTION 86. Ordinance 14045, Section 30, as amended, and K.C.C. 21A.14.225 are hereby amended to read as follows:
A. Tracts and easements containing hazardous liquid and gas transmission pipelines and required setbacks from such pipelines may include the following uses, subject to other regulations applicable to each use and approval of the holder of the easement: utility structures that are not normally occupied and that are necessary for the operation of the pipeline, landscaping, trails, open space, keeping of animals, agriculture, forestry, commercial signage, minor communication facilities and utility structures that are not normally occupied and that are necessary for the operation of the minor communication facility, and other compatible uses as specified on the face of the recorded plat or short plat; however, structures designed for human occupancy shall never be allowed within pipeline tracts, easements, or setbacks.
B. Hazardous liquid and gas transmission pipelines shall not be located in aquifer recharge areas, landslide hazard areas, or erosion hazard areas. When it is impractical to avoid such areas, special engineering precautions should be taken to protect public health, safety, and welfare.
C. As part of an application for the new, modified, or expanded gas or hazardous liquid transmission pipelines, the applicant shall submit an equity impact review of the proposal using tools developed by the ((office of equity and racial and social justice)) executive’s office. Until the tools have been developed and made publicly available by the ((office)) executive’s office, the equity impact review is not required. The results from the equity impact review shall be used to assess equity impacts and opportunities during county permit review and may be used to inform determinations of project approval.
SECTION 87. Ordinance 16267, Section 62, as amended, and K.C.C. 21A.28.154 are hereby amended to read as follows:
A. There is hereby created the school technical review committee consisting of the following representatives:
1. One from the department of local services;
2. One from the ((regional planning unit of the office of performance, strategy, and budget)) executive's office;
3. One from the housing, homelessness, and community development division of the department of community and human services; and
4. One from the county council staff, as a nonvoting ex officio member.
B. The representative from the department of local services shall serve as the chair of the committee.
C. The committee shall be charged with reviewing each school district's: capital facilities plan; enrollment projections; standard of service; overall capacity for the next six years to ensure consistency with the Growth Management Act, King County Comprehensive Plan, and adopted subarea plans; calculation and rationale for proposed impact fees; and evaluation of potential impacts of the proposed impact fee on housing production.
D. Committee meetings shall be open to the public. The chair of the committee shall post on the county's website a public notice of the time and place of a committee meeting least two weeks in advance of the meeting. Materials submitted under K.C.C. 21A.28.152.A. shall be posted on the county's website at the same time as the meeting notice.
E. At the meeting where the committee will review or act upon the school district's documents, school district representatives may attend and present testimony to the committee.
F. In its review, the committee shall consider the following factors:
1. Whether the school district's forecasting system for enrollment projections has been demonstrated to be reliable and reasonable;
2. The historic levels of funding and voter support for bond issues in the school district;
3. The inability of the school district to obtain the anticipated state funding or to receive voter approval for school district bond issues;
4. An emergency or emergencies in the school district that required the closing of a school facility or facilities resulting in a sudden and unanticipated decline in districtwide capacity;
5. The standards of service set by school districts in similar types of communities. While community differences will be allowed, the standard established by the school district should be reasonably consistent with the standards set by other school districts in communities of similar socioeconomic profile;
6. The standards identified by the state concerning the ratios of certificated instructional staff to students; and
7. The potential impacts of the proposed impact fee on housing production within the school district.
G. In the event that the school district's standard of service reveals a deficiency in its current facilities, the committee shall review the school district's capital facilities plan to determine whether the school district has identified all sources of funding necessary to achieve the standard of service.
H. The school district in developing the financing plan component of the capital facilities plan shall plan on a six-year horizon and shall document that it took the following steps:
1. Establish a six-year financing plan, and propose the necessary bond issues and levies required by and consistent with that plan and as approved by the school board and consistent with RCW 28A.53.020, 84.52.052 and 84.52.056, as amended; and
2. Apply to the state for funding, and comply with the state requirement for eligibility to the best of the school district's ability.
I. The committee may request that a school district review and resubmit its capital facilities plan, establish a different standard of service, or review its capacity for accommodating new students, or any combination thereof, under any of the following circumstances:
1. The standard of service established by the school district is not reasonable in light of the factors in subsection F. of this section;
2. The committee finds that the school district's standard of service cannot reasonably be achieved in light of the secured financial commitments and the historic levels of support in the school district; or
3. Any other basis that is consistent with this section.
J. If a school district fails to submit its capital facilities plan for review by the committee, King County shall assume the school district has adequate capacity to accommodate growth for the following six years.
K. The chair of the committee shall document the outcome of the committee meeting each school district's capital facility plan and associated proposed impact fees in a report. The report shall include analysis consistent with subsections F. through J. of this section and the evaluation by each school district of the potential impact of the proposed impact fee on housing production within the school district required by subsection C. of this section. The chair of the committee shall submit copies of its report to the director, hearing examiner, and school districts and shall post the report on the county's website.
L. In accordance with K.C.C. 20.18.060 and 20.18.070 and based on committee input, the chair of the committee shall recommend to the executive, and the executive shall transmit to the council, a proposed Comprehensive Plan amendment adopting the school district's capital facilities plan as part of the Comprehensive Plan, for any plan that the committee concludes accurately reflects the school district's facilities status. The transmittal shall include the report required by subsection K. of this section.
M. In the event that after reviewing a school district's capital facilities plan and other documents, the committee is unable to recommend adoption of the school district's capital facilities plan, the chair of the committee shall submit a statement to the council, director, hearing examiner, and school district stating the committee's findings. The committee shall then recommend to the executive, and the executive shall transmit to the council, consistent with the school capital facility plan timelines established in K.C.C. 20.18.060 and 20.18.070, either proposed amendments to the land use element of the King County Comprehensive Plan or proposed amendments to the development regulations implementing the plan, or both, to more closely conform county land use plans and school district capital facilities plans, including, but not limited to, requiring mandatory phasing of plats or multiunit development located within the school district's boundary.
SECTION 88. Ordinance 17287, Section 3, as amended, and K.C.C. 21A.55.105 are hereby amended to read as follows:
A. The purpose of the master planning process demonstration project is to:
1. Create a comprehensive but streamlined process for the review of major land use proposals that will be developed over the course of several years by:
a. utilizing a concise timeline for project review that incorporates a process for public outreach and input during project review and facility operation;
b. executing a development and operating agreement, pursuant to RCW 36.70B.170 that establishes:
(1) a clearly defined project through a master development plan, which shall include a master site plan;
(2) requirements that must be met before approval of each phase of development; and
(3) operating standards governing all aspects of the project's operation, including, but not limited to, noise and traffic, hours and days of operation for racing, nonracing uses, and number and types of events; and
c. establishing a process that ensures timely and efficient review;
2. Utilize the hearing examiner, as authorized in K.C.C. 20.22.190, to conduct fact finding and reporting on compliance by the applicant with the executed development and operating agreement, as provided in subsection S. of this section; and
3. Provide for ongoing monitoring of the executed development and operating agreement by the council to ensure continued future compliance with the executed development and operating agreement.
B. The master planning process demonstration project shall be implemented only for a regional motor sports facility only on the Pacific Raceways property as described in Attachment A to Ordinance 17287.
C. The master planning demonstration project shall be initiated by the applicant making a written request to the department for a preapplication meeting to identify the requirements necessary for a complete application under this section.
D. A master planning proposal application shall be considered complete when the following information and studies have been submitted and are adequate to review the proposal:
1. A proposed development plan that describes the nature, size and scope and phasing of all proposed activities;
2. A proposed site plan that identifies the location and dimensions of proposed racing surfaces, access roadways, parking areas, buildings, stormwater facilities, sewage treatment or holding facilities, and any off-site traffic improvements;
3. A proposed master drainage plan under the surface water design manual;
4. A proposed grading plan that identifies or includes:
a. land contours;
b. soil types; and
c. phasing;
5. Proposed development conditions relating to:
a. on-site vehicle circulation and off-site traffic control measures;
b. protection for critical areas, especially adjacent to Soosette creek;
c. stormwater flow control and water quality treatment;
d. visual screening from adjoining residential properties;
e. ongoing monitoring and reporting to measure compliance with the development and operating agreements;
f. fire protection; and
g. water supply and service;
6. Proposed operating conditions that specify:
a. days and hours of operation;
b. frequency of events;
c. types of activities, including types of motor vehicles; and
d. maximum noise levels; and
7. Any necessary information identified through the preapplication process.
E. The development and operating agreement shall contain development standards and operating conditions related to the development and operation of the site and shall include, but shall not be limited to:
1. A master site plan and detailed conditions establishing the:
a. location and scope of proposed land uses;
b. location and size of buildings and structures such as grandstands;
c. layout and dimensions of racing surfaces and circulation roadways;
d. site elevations and contours established by a master grading plan;
e. excavation and processing of materials, including dust control, during construction of the facilities;
f. location and dimensions parking areas;
g. location of stormwater facilities, sewage treatment facilities, water, and related features; and
h. vegetative screening required in subsection F.1. of this section;
2. A master drainage plan consistent with the surface water design manual;
3. A project phasing plan, including threshold requirements that must be met before approval of the next phase of development;
4. Specified types of racing and nonracing activities, and where on the site the activities can occur;
5. Specified days and times for all racing and nonracing uses;
6. Specified noise levels for racing and nonracing uses, including but not limited to, how noise levels will be measured and mitigated;
7. Specified on-site vehicle circulation and other traffic control measures to reduce the impact of congestion on roadways in the vicinity of Pacific Raceways;
8. Specified development conditions to ensure that permitted alterations provided for in subsection G. of this section achieve the appropriate level of protections;
9. Specified development conditions to ensure that stormwater flow control and water quality treatment provided for in subsection H. of this section is achieved;
10. Specified regular ongoing monitoring and reporting to measure compliance with the development and operating agreement requirements relating to noise, traffic, air quality, groundwater quality, stormwater flow control and water quality treatment, and water volume and quality in Soosette creek;
11. Specified process for the receipt and evaluation by the department of inquiries and complaints relating to the operation of the facility, in order to allow for review by the hearing examiner as provided in subsection S. of this section; and
12. Specified enforcement mechanisms to address any violations of the conditions of the development agreement, including, but not limited to, the following:
a. a process for monitoring condition violations and for receipt of complaints;
b. a process for expedited review and remedy of possible violations; and
c. a penalty schedule that recognizes the nature and impact of the violation and is sufficient to deter violations that otherwise result in financial benefit to the facility, including, but not limited to, revocation of operating permit and loss of specific days of operation.
F. All development under the master plan shall be subject to the following standards relating to screening and building setbacks: as provided in K.C.C. 21A.16.030.F., to the maximum extent practical, buildings and other structures shall be constructed on the project to be shielded from view from adjoining residential properties using methods that may include, but are not limited to:
1. Retention of existing vegetation; and
2. Placement of new vegetation to augment existing vegetation.
G.1. Except as otherwise provided in this subsection G.2. of this section, all development under the master plan shall comply with K.C.C. chapter 21A.24.
2. The department may approve alterations to critical areas, critical areas buffers and critical area setbacks that are not otherwise allowed as an alteration exception under K.C.C. 21A.24.070 when the applicant demonstrates that:
a. the proposal does not pose an unreasonable threat to the public health, safety or welfare on or off the site;
b. the proposed impacts to critical areas, critical area buffers and critical area setbacks shall be controlled and compensated for in accordance with the requirements of K.C.C. 21A.24.125;
c. for proposed alterations within steep slope or landslide areas:
(1) the alterations are necessary to bring existing racing or access road surfaces into compliance with applicable racing association safety standards, or to construct noise barriers or for the placement of spectator seating on the interior portion of the road course; and
(2) the alterations can be constructed to maintain the stability of the hazard area through the use of structural mitigations identified through a geotechnical analysis by a licensed and qualified geotechnical professional; and
d. for proposed alterations to wetlands or aquatic areas and their buffers:
(1) the alterations are necessary to comply with applicable racing association safety standards either for existing racing surfaces or for providing to emergency vehicles access roads to the existing racing surfaces;
(2) there is no feasible alternative to the development proposal with less adverse impact on the critical area;
(3) the alteration is the minimum necessary to accommodate the development proposal;
(4) the alternation has the least possible adverse impact on the critical area and critical area buffer;
(5) the critical area is not used as a salmonid spawning area;
(6) the director may only approve an alteration in a category III or IV wetland; and
(7) the alterations to any wetland shall be mitigated in accordance with an approved mitigation plan by relocating the wetland into a new wetland, with equivalent or greater functions, or into an existing wetland at the ratios specified in K.C.C. 21A.24.340 based on the type of mitigation measures proposed.
H. Uses proposed under the master planning proposal shall comply with the King County surface water design manual and shall:
1. Use enhanced basic water quality measures to treat stormwater and use stormwater infiltration facilities to manage stormwater to protect aquatic life in Big Soos and Soosette creeks and operation of the Soos Creek Hatchery, while protecting groundwater quality. The department shall consider the proposed use in determining whether spill control or special oil control measures in excess of the King County surface water design manual requirements are necessary to achieve the required environmental protections;
2. Specify and require facilities and best management practices to ensure that auto-related fluids, brake dust, and other products are properly managed and disposed of to avoid contamination of soils, surface water and groundwater;
3. Develop and implement a water quality monitoring plan to assure that copper, other metals, hydrocarbons, and other contaminants are not elevated in ground and surface waters on- site and in Big Soos and Soosette creeks;
4. Conduct flow monitoring in Big and Soosette creeks before, during and after construction to ensure that normal or preexisting flows are being maintained.
5. Conduct biotic monitoring in Big Soos and Soosette creeks before, during and after construction;
6. If the department determines it to be environmentally beneficial and if it is in compliance with the surface water design manual requirements for discharge to the natural location and is approved through an adjustment, channel surface water from impervious surfaces, including buildings, structures, pit areas, or raceways to drain away from Soosette creek and evaluate any impacts to Big Soos and Soosette creeks and to the alternative discharge location; and
7. Develop and implement an adaptive management program to correct any flow, surface or ground water quality, or biotic problem in Big Soos or Soosette creeks caused by the development.
I. Site development that entails extraction and grading of soils to achieve the final site contours for development shall be subject to the following limits:
1. The amount of materials that may be extracted during any specific phase of project construction shall be only as necessary to construct that phase of the project approved for construction; and
2. The on-site processing of the extracted materials shall be limited to the sorting of the material into separate dirt, sand, and gravel components.
J. The master planning proposal shall include site designs and features to reduce the level of noise impacts upon nearby residential neighborhoods.
K. The department shall:
1. Schedule and conduct a preapplication meeting with applicant within thirty days of the request for such a meeting by the applicant in order to identify the full range of potential issues related to the proposed expansion of Pacific Raceways and to specifically list information or studies needed to adequately evaluate the listed issues.
2. Provide to the applicant a detailed listing of all project issues and necessary information or studies required under subsection D. of this section within thirty days after the date of the preapplication meeting;
3. Accept for filing a master planning proposal application submitted by the applicant only if it provides the information and studies required by subsection K.2. of this section;
4. Determine whether the master planning proposal is a complete application under this section and K.C.C. 20.20.050;
5. Provide a notice of a complete application under K.C.C. 20.20.060.B. In addition to notice required under K.C.C. 20.20.060.B, the department shall provide mailed notice to:
a. all parties of record, including community groups or organizations, established during the review of Conditional Use Permit File Nos. A-71-0-81 and L08CU006, Proposed Ordinance 2010-0189, or Ordinance 17287;
b. persons requesting notification of any county land use action regarding Pacific Raceways; and
c. residents or property owners of parcels located within twenty-five hundred feet of the boundaries of the Pacific Raceways site;
6. Not later than seven days after the applicant has filed with the department its master planning proposal, issue a determination of significance and proceed with the environmental review of the master planning proposal under Ordinance 17287, Section 6;
7. Conduct one or more public meetings on the master planning proposal application to gather information and public input on all aspects of the master planning proposal. The first meeting shall be held within thirty days after the applicant has filed its master planning proposal application with the department and may be combined with a public meeting required under Ordinance 17287, Section 5.D.4. At that public meeting, the applicant shall present its master planning proposal. At each public meeting, the public shall be provided an opportunity to comment on the master planning proposal. The department shall record all public meetings and make a written summary of the meetings available on its website within fourteen days after the meeting. The department may hold additional public meetings as it conducts its review of the master planning proposal application and shall provide an opportunity for the applicant to respond to questions at each public meeting;
8. Issue the final environmental impact statement within eighteen months of either issuing to the applicant a notice of complete application or the master planning proposal is deemed a complete application under K.C.C. 20.20.050.B. The consultant may request additional time to prepare the final environmental impact statement;
9. Not later than thirty days after the final environmental impact state is issued, propose for public review and comment a development and operating agreement consistent with this section. The department shall provide notice of the proposed development and operating agreement in the same manner as it provided the notice of application under subsection K.5. of this section. The department shall present the proposed development and operating agreement at a public meeting within fourteen days after the notice is provided under this subsection K.9.; and
10. Within sixty days after the public meeting required by subsection K.9. of this section:
a. transmit to the hearing examiner the department's recommended development and operating agreement, together with a proposed ordinance authorizing the executive to execute the development and operating agreement;
b. publish its recommended development and operating agreement on the department's website; and
c. provide notice of its recommended development and operating agreement in the same manner as it provided the notice of application under subsection K.5.a. through c. of this section and to those governmental agencies listed in K.C.C. 20.20.090.A. The notice shall also advise:
(1) that the department's recommendation is subject to an open record public hearing before the hearing examiner;
(2) the date that the department's recommendation has been transmitted to the hearing examiner; and
(3) that interested persons may appear as parties at the open record public hearing by filing a notice of appearance with the hearing examiner within fourteen days of the date that the department's recommendation has been transmitted to the hearing examiner. The applicant will be presumed to be a party without having to file a notice of appearance.
L.1. Before the transmittal of the department's recommended development and operating agreement to the hearing examiner, the transportation, economy and environment committee or its applicable successor may request reports or briefings from the department and applicant regarding how the demonstration project is proceeding. The department shall solicit input from those identified in subsection K.5.a. through c. of section to inform the committee in the report and briefing.
2. If the department or the applicant is unable to meet a timeline established by this section as part of the process for review of the master planning proposal, the department shall provide written notice to the council within fourteen days after the missed deadline in the form of a letter to the chair of transportation, economy and environment committee or its applicable successor describing the causes for the delay, and the steps or actions needed to be taken by the department or the applicant to continue timely processing of the proposal.
M.1. No sooner than fourteen days after receiving the department's recommended development and operating agreement, the hearing examiner shall set the date for the prehearing conference and notify the parties of interest.
2. Unless otherwise agreed to by those that appear as parties, the hearing examiner shall conduct an open record public hearing within ninety days of the prehearing conference and, if necessary, shall hold the public hearing over consecutive days.
3. When the hearing examiner sets the department's recommended development and operating agreement for an open record public hearing, the department shall coordinate and assemble the reviews of other departments and governmental agencies having an interest in the application and shall prepare a report summarizing the factors involved and the department's recommendation. At least fourteen calendar days before the scheduled hearing, the department shall file the report with the hearing examiner and mail copies to those identified in subsection K.5.a. through c. of section.
4. The hearing examiner's recommendation may be to approve or reject the department's recommended development and operating agreement, or the examiner may recommend that the council adopt the department's recommended development and operating agreement with such conditions, modifications, and restrictions as the examiner finds necessary to carry out applicable state laws and regulations and the regulations, including chapter 43.21C RCW, policies, objectives, and goals of the Comprehensive Plan, the zoning code K.C.C. Title 21A and other laws, policies, and objectives of King County.
5. Within fourteen days after the conclusion of the open record public hearing, the hearing examiner shall issue a written recommendation and shall transmit a copy thereof to all persons who appeared as parties in the open record public hearing. The recommendation shall include findings of fact and conclusions from the record that support the decision and the findings and conclusions shall set forth and demonstrate the manner in which the recommendation is consistent with, carries out, and helps implement applicable state laws and regulations, the regulations, policies, objectives, and goals of the comprehensive plan and Ordinance 17287.
6. To appeal the hearing examiner's recommendation, an aggrieved party must file a notice of appeal with the clerk of the council within fourteen days of the date of the mailing of the hearing examiner's recommendation. The clerk shall notify the hearing examiner and the parties of record to the hearing examiner's open record public hearing in writing of the council's receipt of the appeal. The clerk shall also cause to have posted on the council's web page the notice of the appeal. The appellant shall file a statement of appeal with the clerk within twenty-one days of filing its notice of appeal, together with proof of service of the statement of appeal to the other parties of record. The statement of appeal must specify the basis for the appeal and any arguments in support of the appeal. Failure to file a statement of appeal shall result in the dismissal of the appeal. The clerk shall cause to have the statement of appeal posted on the council's web page. Any written responsive statements or arguments to the appeal, together with proof of service on the other parties of record, must be filed with the clerk within fourteen days after the filing of the statement of appeal. The clerk shall cause to have these responsive statements and arguments posted on the council's webpage.
7. At least fourteen days before the closed record hearing by the council of the appeal, the clerk will provide the parties of record with written notice of the hearing time and date. The council's consideration of the appeal shall be based upon the record as presented to the hearing examiner at the open record public hearing and upon written appeal statements and arguments submitted by the parties that are based on the open record public meeting. The council may allow the parties to the appeal a period of time for oral argument based on the record. Consistent with RCW 36.70B.020(1), before or at the appeal hearing and upon the request of the council, county staff may provide a written or oral summary, or both, of the appeal record, issues, and arguments presented in an appeal and may provide answers, based on the record, to questions with respect to issues raised in an appeal asked by council members at the appeal hearing. Nothing in this subsection shall be construed as limiting the ability of the council to seek and receive legal advice regarding a pending appeal from the office of the prosecuting attorney or other county legal counsel either within or outside of the hearing.
8. If, after consideration of the record, written appeal statements and any oral argument the council determines that:
a. An error in fact or procedure may exist or additional information or clarification is desired, the council shall remand the matter to the hearing examiner for further hearing to receive additional information or further consideration; or
b. The recommendation of the hearing examiner is based on an error in judgment or conclusion, the council may modify or reverse the recommendation of the hearing examiner.
9. a. The council's final action on any recommendation of the hearing examiner shall be by ordinance, which shall include findings of fact and conclusions from the record of the hearing examiner's public hearings. The findings and conclusions shall set forth and demonstrate the manner in which the council's decision is consistent with, carries out, and helps implement applicable state laws, the regulations, the policies, objectives, and goals of the comprehensive plan, and Ordinance 17287. The council may adopt as its own all or portions of the hearing examiner's findings and conclusions.
b. Any ordinance also may contain reasonable conditions, in accordance with state law and county ordinances, which must be satisfied before the ordinance becomes effective. The ordinance shall also designate the time period within which any such conditions must be satisfied. All authority pursuant to such ordinance shall expire if any of the conditions are not satisfied within the designated time period and the property shall continue to be subject to all laws, regulations, and zoning as if the ordinance had not been adopted. The council may extend the period for satisfaction of the conditions if, after a public hearing by the examiner, the council finds an extension will be in the public interest and the extension was requested by the applicant within the initial time period.
N. If the hearing examiner's recommendation is not appealed pursuant to subsection M. of this section:
1. The clerk of the council shall place a proposed ordinance that implements the examiner's recommended action on the agenda of the next available council meeting for adoption;
2. No final action to amend or reverse the hearing examiner's recommendation shall be taken at that meeting and notice to parties shall be given before the adoption of a substitute or amended ordinance that amends or reverses the examiner's recommendation;
3. The council may either:
a. Refer the matter to the transportation, economy and environment or its successor for further consideration deemed necessary before the council takes final action on the matter or remand the matter to the hearing examiner for further hearing to receive additional information or further consideration; or
b. Adopt the hearing examiner's recommendation by an ordinance satisfying the requirements of subsection M.9. of this section.
4. Any final action by the county council may be reconsidered by the council pursuant to K.C.C. 20.22.280; and
5. Any appeal of the council's final action shall comply with the requirements of K.C.C 20.22.270.A.
O.1. The design and operating conditions specified in any agreement adopted and executed pursuant to the process established in this section shall prospectively control the operations and design for the site and supersede the design and operating conditions established under Conditional Use Permit File Nos. A-71-0-81 and L08CU006. However, any such development and operating agreement will not have retroactive effect. Any enforcement actions relating to compliance with the design and operating conditions established under Conditional Use Permit File Nos. A-71-0-81 and L08CU006 regarding activities that occurred before the execution of a development agreement shall not be affected.
2. A master plan development and operating agreement approved by the council shall be in effect for a period of ten years from the effective date of the ordinance approving the master plan development and operating agreement and authorizing the executive to execute the development and operating agreement;
3.a. An approved master plan development and operating agreement may be renewed one time for not more than ten years.
b. The applicant shall apply to the department for renewal of the development and operating agreement at least twelve months before the agreement expires. The department shall provide a notice of the renewal request under subsection K.5.a. through c. of this section and shall conduct at least one public meeting on the request as provided in subsection K.7. of this section.
c. The department shall make its recommendation to the council on the proposed renewal together with any recommended changes to the agreement not later than ninety days before the development and operating agreement expires.
d. If the agreement is not renewed by the council:
(1) the operating conditions established in the agreement shall remain in effect; and
(2) any subsequent development permit application shall be subject to laws in effect at the time the subsequent application is filed.
P. During the period a development and operating agreement is in effect, any subsequent development on the site shall be consistent with the approved development and operating agreement.
Q.1. Except as otherwise provided in subsection Q.2. of this section, the laws in effect on the date the council adopts the ordinance authorizing the execution of the development and operating agreement shall apply to subsequent permits necessary for the uses authorized by the development and operating agreement.
2. The following regulations in effect on the date of a complete application for any permits necessary for a use authorized by the development and operating agreement shall apply:
a. surface water management standards under K.C.C. Title 9;
b. public health and safety codes under K.C.C. Title 13;
c. road standards under K.C.C. Title 14;
((c.)) d. building codes under K.C.C. Title 16; and
((d.)) e. fire codes under K.C.C. Title 17.
R. During the effective period of the development and operating agreement, the applicant may request in writing and the department may propose a modification of the development and operating agreement. The applicant's request and the department-initiated proposal shall be made by June 1 of each year for implementation in the following year. The department shall provide notice of the request or proposed modification as provided in subsection K.5.a. through c. of this section. The department shall submit to the hearing examiner its recommendation on the request not later than August 1.
S. The hearing examiner shall conduct the following annual monitoring and reporting activities for the council:
1. No later than October 15 of each year, the hearing examiner shall conduct a public meeting in the vicinity of the project site for the purpose of gathering community input on the operation of facility during the preceding year and on any modifications to the development and operating agreement. The department shall provide a notice of the meeting as provided in subsection K.5.a. through c. of this section.
2. Beginning on December 31 of the year after the effective date of the ordinance authorizing the execution of the development and operating agreement, and for each subsequent year, the hearing examiner shall prepare and submit to the council a report that:
a. describes the current status of the phases of the development;
b. evaluates compliance with development and operation agreement conditions during the preceding year;
c. identifies issues and concerns that have been brought forward by the community, Pacific Raceways, and the department;
d. evaluates proposed modifications to the development and operating agreement; and
e. outlines potential steps to ensure compliance with the development and operating agreement.
3. The report shall be presented in a briefing by the hearing examiner to the transportation, economy, and environment committee, or its applicable successor, at which the department and project operator shall be present.
T. The director shall submit a report on the master planning demonstration project to the council within sixty days of the council's adoption of the ordinance approving the development and operating agreement. The report shall evaluate the efficacy of the master planning process and may include recommended changes to the master planning process to address problems or deficiencies in the process identified by the department. The department shall solicit comments from the applicant, the hearing examiner, and the public, identified in subsection K.5.a. through c. of this section, on the master planning process and include a synopsis of those comments in the report. The report shall be filed electronically with the clerk of the council, who shall retain an electronic copy and provide an electronic copy to each councilmember.
U.1 Before the application for a master planning proposal application, the applicant shall be permitted to undertake the following activities, subject to an interim use permit:
a. construct up to four hundred thousand square feet of buildings, including required excavation and processing of materials, for uses allowed for a regional motor sports facility as set forth in K.C.C. 21A.06.973.C., and associated required site improvements;
b. add paved impervious surface area, including, but not limited to, parking, a new vehicular access point to SE 304th Street, and internal access roads, with total impervious surface area not to exceed thirty-three and one-third percent of the site that is subject to the property-specific development condition known as P-suffix SC-P02; and
c. add grandstands to accommodate up to twenty-five thousand persons, and replace existing grandstand seating.
2. Excavation and processing of materials under an interim use permit shall be subject to the following limits:
a. The amount of materials shall be only as is necessary to undertake the activities allowed by subsection U.1. of this section, subject to review by the department;
b. The on-site processing of the extracted materials shall be limited to the sorting of the materials into separate dirt, sand and gravel components, and crushing and washing of those components that will be used for on-site construction and required site improvements; and
c. The on-site processing shall be limited to 9:00 a.m. to 5:00 p.m. Monday through Friday.
V. A preapplication meeting shall be required for the interim use permit. The applicant shall submit the following information to the department with a request to schedule a preapplication meeting:
1. Affidavit of application, on a form approved by the department;
2. Project narrative and questions for department staff;
3. Preliminary site plan, which shall include:
a. location of the property, with a vicinity map showing cross street;
b. address, if an address has been assigned;
c. parcel number or numbers;
d. zoning of parcel or parcels and adjacent parcel or parcels;
e. north arrow and scaled dimensions;
f. existing and proposed building footprints, with overhangs and projections;
g. existing and proposed grade contours;
h. site area in square feet or acres of the project site;
i. area of either disturbance or development, or both, including utilities, septic and internal circulation, as needed;
j. existing and proposed easements, including ingress, egress, utilities, or drainage; and
k. critical areas and their buffers; and
4. Preliminary building plan.
W. An interim use permit application shall be considered complete when the following information and studies have been submitted and are adequate to review the proposal:
1. A proposed site plan that identifies the location and dimensions of the proposed buildings, structures, and paving, vehicular circulation and parking areas, critical areas and buffers, landscaping, stormwater facilities, utilities, and fire protection;
2. A proposed drainage plan under the surface water design manual for the improvements proposed under the interim use permit;
3. A proposed grading plan that complies with the submittal, operating, and performance requirements in K.C.C. chapter 16.82;
4. A proposed restoration plan that complies with this section;
5. A deposit as required by K.C.C. 27.02.210 for review of the interim use permit; and
6. Any necessary information identified through the preapplication process.
X. The interim use permit shall contain development conditions related to the grading activities and buildings and shall include, but not be limited to:
1. An approved site plan and conditions that establish:
a. location, size, and proposed uses of the buildings;
b. location and dimensions of vehicular circulation and parking, including required parking for the existing uses;
c. location of stormwater facilities, sewage treatment facilities, water, and related features;
d. landscaping requirements, as required by K.C.C. chapter 21A.16;
e. location of on-site critical areas. Development or operations are not allowed within critical areas or their buffers, and alterations of critical areas or their buffers are not permitted, as part of the activities allowed with the interim use permit or related construction permits; and
f. necessary on-site and off-site traffic control for construction impacts on vehicular circulation and on roadways in the vicinity of the project site;
2. An approved grading plan in compliance with the requirements of K.C.C. chapter 16.82;
3. A preliminary drainage plan in compliance with the surface water design manual; and
4. A restoration plan in compliance with the following requirements:
a. Final grades shall generally conform to standards in K.C.C. 16.82.100 and the following:
(1) be such so as to encourage the uses permitted within the primarily surrounding zone or, if applicable, the underlying or potential zone classification; and
(2) result in drainage patterns that reestablish natural conditions of aquifer recharge, water velocity, volume, and turbidity within six months of restoration and that precludes water from collecting or becoming stagnant. Suitable drainage systems approved by the department shall be constructed or installed where natural drainage conditions are not possible or where necessary to control erosion. All constructed drainage systems shall be designed consistent with the Surface Water Design Manual; and
b. All areas subject to clearing, grading or backfilling shall:
(1) be planted with a variety of trees, shrubs, legumes, and grasses indigenous to the surrounding area and appropriate for the soil, moisture, and exposure conditions; and
(2) except for roads and areas incorporated into drainage facilities, be surfaced with soil of a quality at least equal to the topsoil of the land areas immediately surrounding, and to a depth of the topsoil of land area immediately surrounding six inches, whichever is greater.
Y. For the interim use permit, the executive shall appoint a special project manager.
1. The special project manager shall either be an employee of, or hired as a consultant by, the ((regional planning unit of the office of performance, strategy, and budget)) executive's office.
2. The Pacific Raceways property has been designated as a project of statewide significance under chapter 43.157 RCW.
3. The special project manager will coordinate the reviews with the department and other agencies, be the primary point of contact for the applicant and interested parties, and ensure that the timelines established for review of the interim use permit in this section are met.
4. The special project manager shall evaluate, and provide a recommendation to the executive, regarding the efficacy of options, such as review by another jurisdiction or using outside staff to complete the substantive review, for expediting the permit review process. As part of this review, the special project manager shall ensure that any recommended option will produce a review that complies with this chapter and other applicable laws, regulations, and adopted policies.
Z.1. In reviewing the interim use permit, the department shall:
a. process the interim use permit as a Type 3 land use permit, except as provided in subsection DD. of this section. K.C.C. chapter 20.20 shall apply, except as modified by this section;
b. conduct a mandatory preapplication meeting within fourteen days of the applicant's request for a preapplication meeting;
c. within twenty one days of the preapplication meeting, provide a detailed listing of the required information or studies required for review of the interim permit, in conformance with this section, the other building, construction and environmental permits that will be required, and an estimate of cost for review of the interim use permit;
d. accept the interim use permit application if the applicant provides the information and studies required by the detailed listing provided in subsection Z.1.c. of this section;
e. determine whether the interim use permit application is complete within seven days of filing by the applicant, pursuant to K.C.C. 20.20.050, and subject to the application requirements in subsection W. of this section;
f. provide a notice of complete application under K.C.C. 20.20.050, within seven days of determining that the application is complete;
g. provide a notice of application under K.C.C. 20.20.060 within fourteen days of providing the notice of complete application. In addition to the notice required by these two sections, the department shall provide mailed notice to:
(1) all parties of record, including community groups or organizations, established during the review of Conditional Use Permit File Nos. A-71-0-81 and L08CU006, Proposed Ordinance 2010-0189, or Ordinance 17287;
(2) persons requesting notification of any county land use action regarding Pacific Raceways; and
(3) residents or property owners of parcels located within twenty-five hundred feet of the boundaries of the Pacific Raceways site;
h. complete environmental review on the interim use and activities authorized by the interim use permit;
i. transmit to the hearing examiner the department's recommendation on the interim use permit and provide notice of the recommendation under K.C.C. 20.20.090. The recommendation shall be based on the conformance of the proposal with the requirements of this section; and:
(1) for a determination of nonsignificance or mitigated determination of nonsignificance, transmit the recommendation within forty-five days of the end of the comment period on threshold determination;
(2) for a determination of significance, transmit the recommendation within forty five days of the end of the appeal period for the final environmental impact statement; and
j. coordinate and assemble the reviews of other departments and governmental agencies having an interest in the application and shall prepare a report summarizing the factors involved and the department's recommendation. At least seven calendar days before the scheduled hearing, the department shall file the report with the hearing examiner and mail copies to those identified in subsection Z.1.g. of this section.
2. The exceptions to permit review timelines descried in K.C.C. 20.20.100.C. shall apply to the review period deadlines outlined in subsection Z. of this section. If the department is unable to meet the time limits established by this section, it shall provide written notice of this fact to the applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of recommendation to the hearing examiner. In no case shall the review of the interim use permit, from the date a complete application is filed through the date the department issues the recommendation to the hearing examiner, excluding the timeframes outlined in K.C.C. 20.20.100.C., exceed one hundred twenty days, unless the parties agree to an extension.
AA.1. The hearing examiner shall:
a. within fourteen days of receiving the department's recommendation on the interim use permit, set the date for the prehearing conference and notify the interested parties.
b. within seven days of the prehearing conference, issue a prehearing order that includes a tentative schedule and order of proceedings for the hearing required under this subsection.
c. conduct an open record public hearing within thirty days of the prehearing conference.
d. within ten days of the public hearing, issue a decision on the interim use permit. The examiner's determination may be to grant or deny the application, and may include any conditions, modifications, and restrictions as the examiner finds necessary to carry out the provisions of this section. The examiner's decision may be appealed to the council according to K.C.C. 20.22.220.
2. When reasonably required to enable the attendance of all necessary parties at the hearing, or the production of evidence or to otherwise assure that due process is afforded and the objectives of this chapter are met, the periods in subsection AA.1. of this section may be extended by the examiner at the examiner's discretion for an additional thirty days. With the consent of all parties, the periods may be extended indefinitely. The reason for the deferral shall be stated in the examiner's decision. Failure to complete the hearing process within the stated time shall not terminate the jurisdiction of the examiner.
BB. Issuance of the interim use permit by the county under this section does not relieve the applicant of its obligations to obtain other approvals required under state and federal law.
CC. The applicant shall pay fees to the county to cover the actual cost of providing project management, review, and inspection services for the interim use permits and including environmental review, in accordance with K.C.C. 27.02.100.
DD. Upon issuance of an interim use permit, the department may review and approve, in accordance with the code compliance process in K.C.C. chapter 21A.42, an expansion of, modification to, or addition to the development authorized by the interim use permit. If the proposed development, taken together with any previously approved development under the interim use permit, is within the limitations of subsection U.1. of this section, the development proposal shall be processed as a Type 1 land use decision, subject to all other applicable state and local standards.
EE. Establishment of the use or activity authorized by an interim use permit shall occur within ten years of the effective date of the decision for the interim use permit or subsequent amendment to the interim use permit under subsection DD. of this section. Upon written request to the department made by the applicant before the expiration of an interim use permit or subsequent amendment, the department shall extend the permit for one or more one-year period, up to a total of five consecutive years, if site conditions have not significantly changed in a manner that would have affected the original permit approval and the applicant pays applicable permit extension fees.
SECTION 89. Ordinance 8867, Section 1, as amended, and K.C.C. 26.12.010 are hereby amended to read as follows:
A process is hereby established for the annual allocation of the conservation futures tax levy proceeds to acquire open space lands, including greenspaces, greenbelts, wildlife habitat, and trail rights-of-way proposed for preservation for public use by either agencies or nonprofit organizations within the county. Agencies, nonprofit organizations, nongovernmental organizations, and individuals may make application for proceeds in this allocation process. In accordance with chapter 84.34 RCW, only agencies and nonprofit organizations are eligible to receive conservation futures funding to acquire property.
A. The department of natural resources and parks shall determine the deadline for submission of applications for use of conservation futures tax levy proceeds. At least one month before the application submission deadline date, the department shall provide notice on the King County website of the opportunity to apply to the county for a share of the annual allocation of the conservation futures tax levy proceeds available for that year. The department shall also provide notice by email to all agencies, nonprofit organizations, nongovernmental organizations, and individuals anticipated to have potential interest in conservation futures funding. The department shall maintain and update a list of parties anticipated to be interested in conservation futures funding.
B. No later than March 1, the county council may adopt a motion that provides direction to the advisory committee on priorities for evaluating the applications within the open space criteria identified in K.C.C. 26.12.025.
C.1. The advisory committee shall make project recommendations and recommend funding allocations for each project to the executive, including:
a. a description of each project including project location and acreage;
b. a report on how each project meets the county open space selection criteria, contained in K.C.C. 26.12.025;
c. the amount of funding requested in each project application;
d. any additional relevant criteria of the jurisdiction in which the potential acquisition is located; and
e. a description of how projects contain a demonstrable regional visibility, use, ecological, cultural, historical, or other natural resource significance.
2. The executive shall transmit the advisory committee's project and funding recommendations for the following year to the council. The report shall be filed electronically with the clerk of the council, who will retain an electronic copy and provide an electronic copy to all councilmembers, the council chief of staff, and the lead staff to the mobility and environment committee or its successor.
3. The committee's recommendations are solely advisory and either the executive or the council, or both, may adopt, alter, add to, or decline to adopt all or part of the committee's recommendations in the budget process.
D. The executive's project and funding recommendation shall be transmitted with the applicable appropriation ordinance.
E. Except for acquisitions of property interests in opportunity areas, the agency or nonprofit organization receiving conservation futures tax levy proceeds shall commit to providing a matching contribution no less than twenty-five percent of the total project costs, and conservation futures shall represent no more than seventy-five percent of the total project costs. The matching contribution shall be provided before conservation futures tax levy proceeds are reimbursed to that agency or nonprofit organization. The contribution may consist of cash, land match with a valuation verified by a reviewed appraisal or the cash value, excluding King County conservation futures contributions, of other open spaces acquired within the previous two years from the date of the submittal of the application by the agency or nonprofit organization. Properties considered as land match or cash value of other open space acquisitions should be directly linked to the property under application.
F.1. If an application by an agency other than King County is funded by this process, the agency shall enter into an interlocal agreement with the county.
2. If an application by a nonprofit organization is funded by this process, the organization shall enter into an agreement with the county. Before a funding award is paid to a nonprofit organization, the organization shall obtain a letter of intent from an agency or a separate nonprofit organization that indicates that if in the future the acquiring organization ceases to exist, the agency or the separate organization is willing to be identified on title to the acquired property as an owner. If the property is in the unincorporated area and the nonprofit organization seeks an agency letter, the organization shall request the letter from the King County department of natural resources and parks, or a metropolitan park district within the boundaries of which the property is located. If the property is in an incorporated area and the nonprofit organization seeks an agency letter, the organization shall request the letter from the agency of the jurisdiction in which the project is located, or a metropolitan park district within the boundaries of which the property is located. If the property is in an incorporated area, in the event that the legislative body of the agency of the incorporated area or the park district indicates in writing or through a formal vote that it is not willing to provide the letter, the nonprofit organization may request a letter from King County. For any acquisition by a nonprofit organization, King County shall ensure a restriction is recorded on the chain of title to preserve the conservation values of the property in perpetuity.
3. If an application by a nongovernmental organization or individual is funded by this process, the award shall be made either to a nonprofit organization or an agency. K.C.C. 26.12.010.F.1. applies to an award to an agency. K.C.C. 26.12.010.F.2. applies to an award to a nonprofit organization.
G. If the King County transfer of development rights program bank, as established by K.C.C. chapter 21A.37, is awarded conservation futures levy proceeds in order to purchase development rights and thereby preserve open space in accordance with purposes and provisions of this chapter, the bank is authorized to sell those development rights and to use the proceeds from that sale to acquire additional development rights, thereby preserving additional open space lands in accordance with the terms and provisions of this chapter. When transferrable development rights are purchased by the bank in accordance with K.C.C. chapter 21A.37 using conservation futures tax levy proceeds allocated to a project under K.C.C. 26.12.003.I., and there are subsequent sales of the transferable development rights, the bank may use sale proceeds as a match to new projects.
H. Conservation futures tax levy proceeds shall be deposited in the conservation futures fund for the purpose of administering, disbursing, and accounting for conservation futures tax levy proceeds authorized by King County. Conservation futures tax levy proceeds shall be disbursed to projects previously approved by King County upon receipt and verification by King County of properly completed requests for payment of the proceeds. ((The office of performance, strategy and budget shall prescribe the form for the requests.)) The disbursement requests shall be made only for capital project expenditures that include all costs of acquiring real property, including interests in real property, and the following costs, though it shall not include the cost of preparing grant applications for conservation futures moneys: related relocation of eligible occupants; appraisal; appraisal review; title insurance; closing costs; pro rata real estate taxes; compensating tax; recording fees; environmental due diligence; survey; boundary line adjustment; and directly related staff, legal, and administrative costs. Requests may also include costs for initial site stabilization activities associated with acquisition, which are limited to signage, fencing, or demolition of structures necessary to secure real property interests acquired with conservation futures tax levy proceeds for public safety or resource protection purposes. Approved disbursements for site stabilization activities shall not exceed in any particular year twenty-five percent of the conservation futures tax levy moneys raised in the preceding year and shall not be used to supplant existing funding. The department shall annually review and determine the maximum allowable per-parcel award for site stabilization, taking inflation into consideration. The agency or nonprofit organization shall have the property valued by a reviewed appraisal, except in situations where the department of natural resources and parks determines that an appraisal is unnecessary because the process for valuing the property is established by statute, code, or regulation. The agency or nonprofit organization is responsible for the accuracy of the payment requests and the propriety and timeliness of its disbursements following receipt of conservation futures tax levy proceeds. Conservation futures tax levy proceeds may not be used to acquire any property or interest therein through the exercise of the power of eminent domain.
I. Projects carried out in whole or part with conservation futures tax levy proceeds shall not be transferred or conveyed except to an agency or nonprofit organization by written agreement providing that the land or interest in land shall be continued to be used for the purposes of K.C.C. chapter 26.12 and in strict conformance with the uses authorized under chapter 84.34 RCW. The land or interest in land shall not be converted to a different use unless other equivalent lands within King County are received in exchange for the lands or interest in lands, or cash reimbursement is made, or a combination of land and cash reimbursement is provided. The land shall be valued in its changed status or use, and not based upon its value as open space, and the replacement land or payment amount must be acceptable to King County. Before the conversion of conservation futures land to another use, the department of natural resources and parks shall provide written notification to the council. If the proposal is to convert one-half acre or more of conservation futures land, or if the conservation futures land to be converted is valued at more than fifty thousand dollars, and the proposal is either for a cash reimbursement or for proposed equivalent lands that are not within the same jurisdiction as the conservation futures land proposed to be converted to another use, the executive shall, at least sixty days before taking action on the proposal, submit the written notification to the council. Unless the council passes a motion rejecting the proposal within sixty days of receiving the notification, the executive may proceed with the proposal. The sixty-day waiting period shall not apply when the conservation futures land proposed to be converted, as well as the proposed equivalent lands, are within the same trail corridor or part of the same contiguous open space area.
J. The written notification required by this section shall include, but not be limited to, the acreage and specific location of both the conservation futures land proposed to be converted and the proposed equivalent lands, if any, the reason for the conversion of land and, if cash reimbursement is proposed, a copy of the appraisal for the conservation futures land to be converted and the amount of the cash reimbursement proposed. The notification shall be filed electronically with the clerk of the council, who will retain an electronic copy and provide an electronic copy to all councilmembers, the council chief of staff and the lead staff to the mobility and environment committee or its successor. Information on conversions of properties to another use, including a description of the proposed replacement land or payment amount, shall be included with the advisory committee's project progress reporting to council as provided in K.C.C. 26.12.035.B. This section does not prevent the grant of easements or franchises or the making of joint use agreements or other operations compatible with the use of a project as provided for in this section and authorized under chapter 84.34 RCW.
K. The department of natural resources and parks shall identify and update opportunity areas as defined by K.C.C. 26.12.003.J.1. at least every three years.
SECTION 90. Ordinance 15378, Section 6, as amended, and K.C.C. 1.36.060 are hereby repealed.