King County - File #: 2002-0450

File #:

2002-0450 Version:

Type:

Ordinance

Status:

Passed

File created:

9/16/2002

In control:

Natural Resources, Parks and Open Space Committee

On agenda:

10/28/2002

Final action:

11/12/2002

Enactment date:

11/21/2002

Enactment #:

14509

Title:

Sponsors:

Carolyn Edmonds

Indexes:

Finance, Parks and Cultural Resources, Parks and Recreation

Code sections:

2.16.045 - , 2.99.030 - , 4.08 - , 4.08.015 - , 4.08.025 - , 4.32.020 - , 4.32.030 - , 4.56.150 - , 4.56.180 - , 4.57 - , 4.57.010 - , 4.57.020 - , 4.57.030 - , 4.57.090 - , 7.08 - , 7.08.010 - , 7.08.020 - , 7.08.025 - , 7.08.030 - , 7.08.040 - , 7.12.010 - , 7.12.020 - , 7.12.040 - , 7.12.050 - , 7.12.060 - , 7.12.080 - , 7.12.150 - , 7.12.240 - , 7.12.610 - , 7.12.640 -

Attachments:

1. 14509.pdf, 2. 2002-0450 Hearing Notice.doc, 3. 2002-0450 Staff Report dated 10-28.doc, 4. 2002-0450 Staff Report Parks Omnibus.doc, 5. 2002-0450 Transmittal Letter.doc, 6. None, 7. Omnibus FISCALNOTE 10 1 02 FINAL DRAFT2.xls

Related files:

2024-0007

Staff:

Reed, Mike

Date	Ver.	Action By	Action	Result	Action Details	Meeting Details	Video
11/12/2002	2	Metropolitan King County Council	Passed as Amended	Pass	Action details	Meeting details	Not available
10/28/2002	1	Metropolitan King County Council	Hearing Held		Action details	Meeting details	Not available
10/28/2002	1	Metropolitan King County Council	Deferred		Action details	Meeting details	Not available
10/3/2002	1	Natural Resources, Parks and Open Space Committee	Deferred		Action details	Meeting details	Not available
9/19/2002	1	Natural Resources, Parks and Open Space Committee	Deferred		Action details	Meeting details	Not available
9/16/2002	1	Metropolitan King County Council	Introduced and Referred		Action details	Meeting details	Not available

drafter

clerk 11/13/02

title

AN ORDINANCE concerning parks, finances, facilities and operations; making technical corrections; amending Ordinance 11955, Section 9, as amended, and K.C.C. 2.16.045, Ordinance 6798, Section 2, and K.C.C. 7.12.020, Ordinance 6798, Section 4, as amended, and K.C.C. 7.12.040, Ordinance 6798, Section 5, as amended, and K.C.C. 7.12.050, Ordinance 6798, Section 6, and K.C.C. 7.12.060, Ordinance 6798, Section 8, and K.C.C. 7.12.080, Ordinance 6798, Section 15, and K.C.C. 7.12.15|1013|, Ordinance 6798, Section 24, and K.C.C. 7.12.240, Ordinance 6798, Section 61, and K.C.C. 7.12.610, Ordinance 6798, Section 64, and K.C.C. 7.12.640, Ordinance 6835, Section 3, and K.C.C. 2.99.030, Ordinance 12076, Section 9, as amended, and K.C.C. 4.08.015, Ordinance 12076, Section 9, as amended, and K.C.C. 4.08.015, Ordinance 12076, Section 10, as amended, and K.C.C. 4.08.025, Ordinance 6110, Section 4, as amended, and K.C.C. 4.32.020, Ordinance 6110, Section 5, and K.C.C. 4.32.030, Ordinance 12045, Section 14, as amended, and K.C.C. 4.56.150, Ordinance 12045, Section 17, as amended, and K.C.C. 4.56.180, Ordinance 12076, Section 52, as amended, and K.C.C. 4.57.010, Ordinance 11524, Section 1 (part), and K.C.C. 4.57.020, Ordinance 11524, Section 1 (part), and K.C.C. 4.57.030, Ordinance 11524, Section 1 (part), and K.C.C. 4.57.090, adding a new chapter to K.C.C. Title 7, adding new sections to K.C.C. chapter 7.08, adding new sections to K.C.C. chapter 7.12, adding a new section to K.C.C. chapter 4.08, adding a new section to K.C.C. chapter 4.57 and repealing Ordinance 5225, Section 2 (part), as amended, and K.C.C. 7.08.010, Ordinance 5225, Section 2 (A), as amended, and K.C.C 7.08.020, Ordinance 9227, Section 1 (part), as amended, and K.C.C. 7.08.025, Ordinance 5225, Section 2 (B), as amended, and K.C.C. 7.08.030, Ordinance 6027, Sections 2, 3, as amended, and K.C.C. 7.08.040 and Ordinance 6798, Section 1, and K.C.C. 7.12.010.

body

STATEMENT OF FACTS:

1. Since its inception in 1937, the King County parks system has grown to include over twenty-five thousand acres of parks and recreation areas, over one hundred miles of regional trails, sixteen pools, six community centers, a golf course and one hundred fifty-seven athletic fields.

2. Historically, the county parks and recreation system has relied heavily on the county's current expense fund to subsidize its operations.

3. In 2003 and thereafter, the current expense fund faces significant challenges as revenue growth has slowed dramatically at the same time as the cost to deliver mandated county services continues to escalate.

4. The current expense fund faces a fifty-two-million-dollar shortfall in 2003, resulting from growth in the cost of providing services, particularly in mandated criminal justice related functions, an economic recession and an erosion of the county's tax base.

5. Without action by the state to provide new revenue sources to King County, the current expense shortfall is anticipated to continue into the next several years, with deficits of twenty-four million dollars expected in 2004 and again in 2005, with similar deficits in the future.

6. As a result of the pending 2003 shortfall, all programs supported by the current expense fund were directed in February 2002 to plan for significant budget cuts in 2003 and thereafter.

7. As a result of the current and ongoing fiscal crisis, King County must take actions to ensure both the short-term and long-term viability of its mandated services and programs and to fundamentally change its approach towards provision of nonmandated services such as parks and recreation services.

8. The county is committed to ensuring that, to the extent allowed by the array of competing demands for scarce governmental resources, citizens who have supported the development of the county's parks and recreation system through their support of voted bond measures from Forward Thrust through the Open Space bond campaigns of the 1980s and additional parks capital measures are able to enjoy the facilities of the county's parks and recreation system.

9. In furtherance of this commitment, county staff has investigated a broad variety of options for funding or otherwise preserving the county's parks and recreation system, as initially outlined in the Parks Division Phase I Business Plan submitted to council in April 2002.

10. The metropolitan parks task force was established in the spring of 2002 to find ways to keep the county parks and recreation system open in 2003 and thereafter, and to restore stability to the parks system by removing it from dependence on the current expense fund. The task force issued its recommendations in June 2002.

11. The recommendations of the task force call for the county to:

a. Refocus its parks and recreation mission to provide for regional trails, regional passive parks, regional resource and ecological lands, and regional active recreation facilities and rural parks, as well as local parks in the unincorporated area within the urban growth boundary until those areas are annexed to cities.

b. Transfer or mothball all local facilities within cities and to work to transfer local facilities in potential annexation areas to cities.

c. Change the way the parks and recreation division carries out its mission by aggressively implementing a broad variety of new entrepreneurial strategies that will help raise revenues to support park operations. These include, but are not limited to, increasing user fees, expanding the use of volunteers and work crews, expanding the use of concession and lease agreements, securing revenue from advertising and corporate sponsorship and developing new management approaches.

d. Limit its future role with respect to active recreation facilities to that of facilitating acquisition and development through convening potential partners and providing capital funding when appropriate rather than assuming ongoing operation and maintenance obligations of old or new facilities.

e. Ensure that moneys are available in 2004 and thereafter to support park operation, either through passage of a ballot measure, creation of a special purpose district or, as a last resort, the sale of some park assets.

12. The active sports and youth recreation commission, established by the county council in February 2000, issued its report and recommendations in July 2002. These recommendations call for the county to significantly expand the amount and variety of active recreation facilities available in King County, primarily through arrangements in which nonprofit sports organizations assume responsibility for maintaining and operating active recreation facilities, rather than traditional means by which the county designed, built and operated the facilities.

13. In July 2002, the executive presented the outline of the Phase II Business Transition Plan for the parks and recreation division, based on the work of the task force and the active sports and youth recreation commission.

14. In August 2002, the executive released the final Phase II Business Transition Plan for the division.

15. The county's growth management vision, as set forth in the countywide planning policies, includes the annexation or incorporation of all remaining urban unincorporated areas. The policies further call for the county to serve as a regional service provider as well as a local service provider within the rural and remaining urban unincorporated areas. The policies also identify that cities are the appropriate local government service providers within city boundaries.

BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:

SECTION 1. Findings.

A. Based on consideration of the fiscal crisis facing the county, the importance to the general public health and welfare of providing quality parks and recreational opportunities for the general public, an assessment of the options available for provision of parks and recreation to the public, the growth management vision adopted by the county, the recommendations of the metropolitan parks task force, the recommendations of the active sports and youth recreation commission and the Executive's Phase II Business Transition Plan, the council finds and determines that:

1. The parks and recreation division will be required to operate with fewer current expense fund moneys in the future as a result of the county's fiscal crisis resulting in immediate and long-term impacts to division staffing levels and other aspects of parks operations. Unless alternate means are found for funding park operations, there will be a continued erosion in parks maintenance levels, which are already well-below national standards due to funding levels. Further erosion of maintenance levels is not in the public interest and unless checked will force the closure or mothballing of additional parks. To avoid this outcome, the county must find new ways of carrying out its obligations and generating revenue, and must refocus its parks and recreation mission to be more consistent with the county's role in an increasingly urbanized region;

2. The county parks and recreation system should place primary importance on continuing its stewardship of regional park system assets, regional trails, regional resource and ecological lands, regional passive parks and those few active recreational facilities that have a broad regional user base;

3. The county should continue to provide for the operation of county-owned local parks in the remaining urban unincorporated areas, but should seek the transfer of local urban area facilities to cities;

4. The county's role in local parks and recreation should be limited and focused primarily on rural areas;

5. The county's role in active recreation facilities should focus on operating those regional active recreation facilities that remain part of the county's system, and, to the extent feasible, developing or providing for the development of new active recreation facilities through leases, concessions or other arrangements, providing capital support for the new facilities as appropriate. The county should ensure, whenever possible, operating support and operation of new facilities by entities other than the county;

6. It is appropriate and necessary that the parks and recreation division develop different ways to carry out its new entrepreneurial ways of doing business outlined in the metropolitan parks task force report and the Phase II Business Transition Plan, and the division should work with affected labor interests to facilitate this transition; and

7. The facilities and programs offered by the parks and recreation division should address the recreational and leisure need of persons of all ages. While pursuing entrepreneurial and revenue-generating opportunities encouraged by this ordinance, the division should strive to provide an inviting, secure and socially appropriate atmosphere for all, with special attention to the needs of the youngest visitors and their families.

B. To accomplish this vision, it is necessary and prudent that changes be made in the county code to authorize and facilitate these ideas and approaches.

SECTION 2. Ordinance 11955, Section 9, as amended, and K.C.C. 2.16.045 are hereby amended to read as follows:

Department of natural resources and parks - duties - divisions.

A. The department is responsible to manage and be fiscally accountable for the ((~~waste water~~)) wastewater treatment division, water and land resources division, solid waste division and parks and recreation division. The department shall manage, design, develop, operate, maintain and enhance the geographic information systems for the county and other contracting agencies. The department shall administer and implement the requirements of the federal Clean Water Act, federal Endangered Species Act((,)) and other federal and state laws and regulations related to ((~~such~~)) those requirements. The department shall perform the metropolitan water pollution abatement function ((~~(herein~~)) referred to in this section as "the water quality program"(())), as set forth in chapter 35.58 RCW, K.C.C. Title 28 and other federal and state laws and regulations applicable to ((~~such~~)) that function((~~; provided, that~~)), although financial planning for and administration of the water quality program shall be conducted consistent with financial policies approved by the council. The department shall coordinate the county's National Pollutant Discharge Elimination System (NPDES) municipal stormwater permit program. The department shall provide the support to the county's participation in the regional water supply planning process including the development of reclaimed water and the review of local utility district plans for conformance with county plans and policies((,)) and shall participate in the process of preparing coordinated water system plans to ensure conformance with county plans and policies. The department shall provide for the active and passive recreational needs of the region, consistent with the mission of the parks and recreation division described in subsection E.1. of this section. The department shall designate as natural resource lands those county-owned lands that serve important natural resource functions, including, but not limited to, benefiting and protecting natural drainage systems, drainage basins, flood control systems, ((~~eco systems~~)) ecosystems, water quality, ground water, fisheries and wildlife habitat ((,)) and other natural resource purposes. The department ((~~will~~)) shall act to ensure integration of environmental programs across utility and resource functions and to balance stewardship with economic development issues. To ensure integration and balanced stewardship through the director's office the department shall oversee strategic planning using staff resources budgeted in the department's divisions. Strategic planning may include, but not be limited to: integration of land and water resource protection; coordination of groundwater, water reuse and water supply plan approval; development of new funding approaches for resource protection; establishment of new arrangements with businesses, community organizations and citizens; and better coordination of sewerage and flood control facilities to prevent water quality degradation.

B.1. The duties of the wastewater treatment division shall include the following:

((1.)) a. ((A))administering the functions and programs related to the operation, maintenance, construction, repair, replacement and improvement of the metropolitan sewerage system and ((~~the~~)) its financing ((~~thereof~~));

((2.)) b. ((A))administering the county's sewage disposal agreements with cities and special districts;

((3.)) c. ((P))providing planning for the water quality capital program;

d. providing design, engineering and construction management services related to the water quality capital programs including new facilities development and maintenance of the existing infrastructure; ((~~and~~))

e. providing support services such as project management, environmental review, permit and right-of-way acquisitions, scheduling and project control; and

((4.)) f. ((R))regulating industrial discharges into the metropolitan sewerage system.

2. The council may assign responsibility for services ancillary to and in support of the operation and maintenance of the metropolitan water pollution abatement system under chapter 35.58 RCW, including, but not limited to, human resources, accounting, budgeting, finance, engineering, fleet administration, maintenance, laboratory, monitoring, inspection and planning, as it determines appropriate.

C. The duties of the water and land resources division shall include the following:

1. Proposing or updating, or both, and implementing adopted policies, plans and programs relating to water and land resources, open space and other natural resources ((~~which~~)) that protect fisheries, natural resources, water quality((,)) and ground water((,)) and ((~~which~~)) that solve and prevent drainage problems;

2. Responding to major river floods and addressing drainage problems in unincorporated portions of the county as provided in K.C.C. Title 9, the Surface Water Management Program, in K.C.C. chapter 20.12, the King County Flood Hazard Reduction Plan Policies ((,)) and other policies established by the council;

3. Within available resources, maintaining major river channels, and surface and storm drainage systems and lands to minimize flood hazards and protect fisheries resources, drainage systems and lands, and water quality;

4. Providing coordination and technical assistance within the county and other governments to assist in setting and implementing priorities for water and land resources, including sample collection, laboratory services, monitoring, analysis and other activities to protect, enhance and evaluate the quality of land, habitat and water resources in the county;

5. Planning the surface water management capital program, providing design, engineering and construction management services related to the surface water management capital program, including new facilities development and maintenance of the existing infrastructure ((,)) and providing support services such as project management, environmental review, permit and right-of-way acquisitions, scheduling and project control;

6. Preparing standards for storm water management facilities that are constructed as part of land development;

7. Providing technical assistance and education to businesses and the general public to encourage environmental stewardship;

8. Implementing the county park, open space, trails, agriculture, forestry((,)) and other natural resources acquisition programs, including planning, site selection, financing, acquisition, project budget management((,)) and purchasing fee and less than fee interests;

9. Monitoring and protecting the county's real property and development rights interests acquired through the ((C))conservation ((F))futures and other open space and natural resource programs ensuring to the greatest extent practicable that subsequent county land use policies remain compatible with the acquired interests;

10. Preparing and implementing the management plans for protection and use of the natural resource values of county-owned lands, including natural resource lands, dedicated and deeded open space lands and lands acquired by the county as a condition of land development approval, and ((~~determine~~)) determining appropriate means to execute such management plans.

11. Administering, operating and maintaining those lands designated as natural resource lands, using any work forces as appropriate.

12. The office of rural and resource lands shall be a distinct functional unit of the division reporting directly to the water and land resources division manager. The office shall plan, manage and be responsible for administering the county's rural and resource lands programs including, but not limited to, agriculture, farmlands preservation, current use taxation programs, forestry, noxious weeds, terrestrial wildlife and habitat, rural economic development, and encouraging environmental stewardship.

D. The duties of the solid waste division shall include the following:

1. Managing and operating the county's comprehensive solid waste program on a self-supporting basis;

2. Administering the county's solid waste interlocal agreements with cities and towns;

3. Diverting as much material as possible from disposal in a manner ((~~which~~)) that reduces the overall costs of solid waste management to county residents and businesses, conserves resources, protects the environment((,)) and strengthens the county's economy;

4. Managing and being accountable for all transfer station operations and landfills, as well as the transportation of waste between county facilities;

5. Procuring and maintaining all capital and operating equipment specific to the solid waste function;

6. Providing planning, design, engineering and construction management services related to the solid waste capital program, including new facilities development and maintenance of existing infrastructure;

7. Providing support services such as project management, environmental review, permit acquisitions, scheduling and project control; and

8. Actively pursuing all revenue sources in an effort to maintain the lowest possible rate structure for the benefit of county residents.

E. The duties of the parks and recreation division shall include the following:

1. ((~~Managing and being fiscally responsible for property management, maintenance, recreation and aquatics functions~~)) Carrying out the county's parks and recreation division mission, which is to provide regional trails, regional passive parks, regional resource and ecological lands and regional active recreation facilities, rural parks and local unincorporated area parks within the urban growth boundary until annexed, by employing entrepreneurial strategies that raise revenues to support park operations and facilitating agreements with other jurisdictions and entities to provide for recreational services and other activities;

2. Proposing and implementing adopted policies, plans and programs related to the provision of regional and rural parks and recreation facilities and programs in King County and local parks in the unincorporated portion of King County within the urban growth boundary until those areas are annexed;

3. Within available resources, managing, ((O))operating and maintaining or facilitating the management, operation and maintenance of the county parks and ((~~trails~~)) recreation ((~~systems, and~~)) facilities;

4. Within available resources, maintaining ((~~the natural~~)) or facilitating the maintenance of regional resource and ecological lands at the direction of the water and land resources division((~~, using any work forces as appropriate~~));

((3.)) 5. Developing and maintaining an operational master plan and developing and monitoring a capital improvement plan as defined in K.C.C. chapter 4.04;

((~~4. Providing policy direction~~)) 6. Within available resources, developing and facilitating agreements for the development of specific active parks and recreation ((~~CIP master plans and projects with assistance from project managers in the facilities management division~~)) facilities;

((~~5. Coordinating with other departments and divisions as appropriate in the preparation of county environmental documents or responses to environmental documents from other governmental entities;~~

6.)) 7. Coordinating with other departments and divisions as appropriate in the preparation of grant applications for park and open space acquisition, development and operations;

((7.)) 8. Developing, managing ((~~and being responsible for~~)), or facilitating agreements for the provision of recreational programs ((~~and services, including, but not limited to, interpretive programming, that promote appreciation and understanding of active county parks~~));

((~~8. Developing, managing and being responsible for~~)) 9. Facilitating programs that promote the safe enjoyment of county-owned swimming pools and guarded swim beaches; and

((9.)) 10. Planning, organizing, scheduling and administering the annual King County ((F))fair, off-season programs and use of the county fairgrounds with guidance from the King County ((F))fair ((B))board.

SECTION 3. Section 4 of this ordinance should constitute a new chapter in K.C.C. Title 7.

NEW SECTION. SECTION 4. Definitions. The definitions in this section apply throughout this title and K.C.C. chapter 4.57, unless the context clearly requires otherwise.

A. "Advertising" means promotional activity for the financial gain of those undertaking the activity or causing the activity to be undertaken, including, but not limited to, placing signs, posters, placards or any other display device in publicly visible location within a parks and recreation facility. "Advertising" does not include posting of an announcement on a community bulletin board, consistent with any applicable rules for the use of community bulletin boards.

B. "Aircraft" means any machine or device designed to travel through the air including, but not limited to, airplanes, helicopters, ultra light type planes, gliders, remote-control planes and gliders, hot air balloons, kites and balloons.

C. "Alcoholic beverages" or "liquor" includes the four varieties of liquor defined as alcohol, spirits, wine and beer, all fermented, spirituous, vinous, or malt liquor, and all other intoxicating beverages, and every liquor, solid or semisolid or other substance, patented or not, containing alcohol, spirits, wine or beer; all drinks or drinkable liquids and all preparations or mixtures capable of human consumption. Any liquor, semisolid, solid or other substance that contains more than one percent alcohol by weight shall be conclusively deemed to be intoxicating.

D. "Associated marine area" means any water area within one hundred feet of any parks and recreation facility such as a dock, pier, float, buoy, log boom or other object that is part of a parks and recreation facility, only if the area does not include private property.

E. "Boat" means any contrivance up to sixty-five feet in length overall, used or capable of being used as a means of transportation on water.

F. "Camper" means a motorized vehicle containing either sleeping or housekeeping accommodations, or both, and shall include a pickup truck with camper, a van-type body, a converted bus, or any similar type vehicle.

G. "Camping" means erecting a tent or shelter or arranging bedding or both for the purpose of, or in such a way as will permit remaining overnight, or parking a trailer, camper or other vehicle for the purpose of remaining overnight.

H. "Campsite" means camping sites designated by the director.

I. "Change" a fee means to alter the amount of a fee.

J. "Concession" means the privilege or authority to sell goods or services within parks and recreation facilities or to operate parks and recreation facilities or a portion thereof.

K. "Concession contract" or "concession agreement" means the agreement granting a person a concession with respect to a parks and recreation facility.

L. "Department" means the department of natural resources and parks.

M. "Director" means the director of the department of natural resources and parks or the director's designee.

N. "Discrimination" means any action or failure to act, whether by single act or part of a practice, the effect of which is to adversely affect or differentiate between or among individuals or groups of individuals, because of race, color, religion, national origin, age, sex, marital status, parental status, sexual orientation, the presence of any sensory, mental or physical handicap or the use of an animal guide by a blind or deaf or otherwise physically or mentally challenged person.

O. "Division" means the parks and recreation division of the department of natural resources and parks.

P. "Eliminate" a fee means to remove a fee.

Q. "Establish" a fee means to impose a fee for an activity for which a fee was not being charged.

R. "Facility," "facilities," "parks and recreation facility," "parks and recreation facilities" or "park area" means any building, structure, park, open space, trail or other property owned or otherwise under the jurisdiction of the parks and recreation division of the department of natural resources and parks.

S. "Facility manager" means the person designated to manage a specific parks and recreation facility.

T. "Manager" means the manager of the parks and recreation division of the department of natural resources and parks.

U. "Motor vehicle" means any self-propelled device capable of being moved upon a road, and in, upon or by which any persons or property may be transported or drawn, and shall include, but not be limited to, automobiles, trucks, motorcycles, motor scooters, jeeps or similar type four-wheel drive vehicles and snowmobiles, whether or not they can be legally operated upon the public highways.

V. "Naming rights" means rights to name a facility after a person for a term of years in exchange for consideration.

W. "Parks and recreation purposes" means any lawful purpose of the division.

X. "Person" means all natural persons, groups, entities, firms, partnerships, corporations, governmental and quasi-governmental entities, clubs and all associations or combination of persons whether acting for themselves or as an agent, servant or employee.

Y. "Permit" means an authorization for the use of parks and recreation facilities that imposes conditions on the permittee in addition to those conditions imposed on the general public.

Z. "Rocket" means any device containing a combustible substance that when ignited, propels the device forward.

AA. "Set" a fee means to change or eliminate a fee, including determining, changing or eliminating a range for a fee. "Set" does not include selecting a fee in a previously set range for a fee.

BB. "Spirits" means any beverage that contains alcohol obtained by distillation, including wines exceeding twenty-four percent of alcohol by volume.

CC. "Sponsorship" means providing consideration to support specific parks and recreation facilities or activities, generally in exchange for advertising on county property, through county media, or otherwise, or other promotional consideration.

DD. "Trail" means any path, track or right-of-way designed for use by pedestrians, bicycles, equestrians or other nonmotorized modes of transportation.

EE. "Trailer" means a towed vehicle that contains sleeping or housekeeping accommodations.

FF. "Trailer site" means a designated camping site that has either water or electrical facilities, or both, available for hookup.

GG. "User fee" means a fee charged for the use of parks and recreation facilities, activities and programs, including, but not limited to, general facilities admission, classes and workshops, sponsored leagues and tournaments, gymnasium and field usage for games and practice, field lights and other equipment, concessions, parking, camping, special event admission, rooms for meetings, conference banquets and other indoor activities, kitchen and equipment. "User fee" does not include the cost of purchasing tangible personal property sold by the division. "User fee" also does not include charges made under:

1. an advertising, sponsorship or naming rights agreement in accordance with section 10 of this ordinance;

2. a concession contract in accordance with K.C.C. chapter 4.57;

3. a lease, rental or use agreement in accordance with K.C.C. 4.56.150; or

4. a special use permit in accordance with K.C.C. 7.12.050.

SECTION 5. Sections 6, 7 and 9 through 12 of this ordinance should be codified as new sections in K.C.C. chapter 7.08.

NEW SECTION. SECTION 6. User fees established. User fees are established for the following:

A. Admission;

B. Aquatics:

1. Pool rentals;

2. Pool usage; and

3. Swim lessons;

C. Athletic fields:

1. Usage; and

2. Lights;

D. Banquets;

E. Camping;

F. Cancellations;

G. Classes and workshops;

H. Cleaning;

I. Deposits:

1. Damage; and

2. Key;

J. Equipment or materials use;

K. Facility use;

L. Moorage;

M. Outdoor facility use;

N. Parking;

O. Permit-related activities;

P. Pea-patch rentals;

Q. Recreation programs;

R. Room rentals;

S. Special athletic requests including, but not limited to, fence rentals and pitcher's mound installations;

T. Special events;

U. Special personnel requests including, but not limited to, security and after-hours facility openings; and

V. Utilities.

NEW SECTION. SECTION 7. Setting and establishing user fees.

A. The director shall set user fees in accordance with this section.

B. The director shall set user fees for all parks and recreation facilities and programs for whih specific users can be readily identified and charged, unless the director determines that the administrative costs to collect the fees are likely to exceed revenues.

C. In setting user fees, the director shall consider the following, among other factors:

1. The cost of providing services and the demand for services;

2. The administrative costs of collecting the fees;

3. The user's ability to pay;

4. Maximizing nontax revenue for the support of parks and recreation facilities;

5. The target revenue rate from user fees, which are:

a. for swimming pools, at least fifty percent of operation and maintenance costs, including overhead;

b. for the Weyerhauser King County Aquatic Center, at least fifty percent of the operation and maintenance costs, including overhead;

c. for the King County fairgrounds, at least one hundred percent of operation and maintenance costs, including overhead;

d. for ballfields, at least thirty percent of operation and maintenance costs, including overhead; and

e. for all other activities, at least thirty percent of operation and maintenance costs, including overhead.

D. User fees for youth shall generally be set lower than comparable fees for adults.

E. Consistent with applicable law, the director may waive, in whole or in part, user fees or provide or facilitate scholarships for individuals meeting federally established low-income criteria, to help ensure that no one is denied access to parks and recreation facilities or activities based solely on an inability to pay. The director shall adopt rules in accordance with K.C.C. chapter 2.98 that establish the circumstances for which these waivers or scholarships are available and the process for granting the waivers or scholarships. In addition, the director may waive user fees as part of a concession, advertising or sponsorship agreement under which the county receives consideration equal to or greater than the total amount of the fees to be waived. The director shall document all waivers of user fees.

F. The director shall set user fees in a way that clearly and simply states the amounts and the facilities or programs to which the fees apply. The director may set ranges for particular user fees and select fees within those ranges.

G. The director shall make available to the public a description of the department's procedures for setting user fees. The description shall include information on how to inquire about the department's proposed and adopted user fees and public comment opportunities.

H.1. The director shall give at least twenty days' notice of its intention to set user fees by providing notice:

a. in writing or by electronic format, to:

(1) the clerk of the council;

(2) all council members; and

(3) all persons who have made a timely request for advance notice of fee setting;

b. by posting notice at affected facilities; and

c. by publishing in the official county newspaper a summary of the notice of the proposed action, including the information in subsection H.2. a. through e. of this section.

2. The notice made in subsection H.1. a. and b. of this section shall:

a. include a reference to this section;

b. include a reference to the facility or program to which the fee will be applied;

c. include a date and place by which comments must be submitted;

d. specify whether the proposal is the determination, change or elimination of a fee;

e. if the proposal is to change a fee, indicate both the amount of the existing fee and the proposed fee; and

f. state the reason for and methodology used to determine the proposed new fee.

3. Selecting a different user fee within a set range does not require notice.

4. The director shall consider all comments received by the prescribed date for comment before the user fee is set.

I. A user fee is set when signed by the director. A user fee takes effect ten days after it is set.

J. Once a user fee is set, the division shall post the amount of the fee in both written and electronic form for inspection, review and copying by the public, including providing a copy, in writing or by electronic format, of the fee to the clerk of the county council and each member of the county council and posting the fee on the Internet.

K. Beginning January 1, 2004, the director may not increase a fee, or the upper end of the range of a fee, more than fifty percent of that which is in place for the fee or range, unless the authority to set the fee is granted by the council by ordinance.

L. Beginning January 1, 2004, the director may not increase a fee or the upper end of the range of a fee, within one hundred twenty days of a previous increase to the fee or range, unless the authority for the increase is granted by the council by ordinance. M. A fee may not be established unless the fee is approved by the council by ordinance.

N. All persons using King County parks and recreation facilities shall pay any applicable user fees, except as provided in subsection E of this section.

O. User fees generated under this chapter shall be applied solely to parks and recreation purposes.

SECTION 8. The director shall file with the clerk of the council a report on the comprehensive costs of operating and maintaining grass ballfields and sand ballfields administered by the agency, as well as revenues generated from such fields, no later than January 31, 2003. Until the report has been filed and the council has approved a fee structure for ballfields, the division shall continue to charge the fees for sand ballfields as the fees existed on the day before the effective date of this ordinance, as provided in section 43 of this ordinance.

NEW SECTION. SECTION 9. Gifts, bequests and donations.

A. Consistent with K.C.C. chapter 3.04, the director may solicit and accept from the general and business communities and all other persons, gifts, bequests and donations to the county of or in support of parks and recreation facilities and programs.

B. All gifts, bequests and donations of money to the county for parks and recreation purposes shall be deposited and credited to the parks trust and contribution fund created under section 31 of this ordinance.

C. The director shall assure that expenditures from the gift, bequest or donation are consistent with the terms, if any, requested by the grantor.

NEW SECTION. SECTION 10. Advertising, sponsorship and naming rights.

A. The director may negotiate and enter into advertising, sponsorship and naming rights agreements for the purpose of providing financial support for parks and recreation facilities and programs.

B.1. Advertising is prohibited at parks and recreation facilities unless the advertising is under an agreement or permit identified in section 12 of this ordinance. Advertising shall be restricted to commercial speech.

2. Agreements authorizing advertising at parks and recreation facilities shall contain provisions to ensure that advertising is consistent with the existing aesthetics of the particular facility. To the extent feasible, agreements shall specify that advertising signs have a consistent look throughout a particular facility, such as similar sizes and background colors, and that the signs are affixed in a way that minimizes wear and tear on parks and recreation facilities. Except for signs associated with lighted scoreboards, the director shall not enter into agreements authorizing neon signs and light boards for outdoor areas at parks and recreation facilities. Unless authorized by ordinance, advertising in regional resource and ecological lands shall not be larger than two feet in either height or width. All sign agreements shall require that the signs be removed at the end of the agreement.

C. Advertisers and sponsors shall agree not to engage in discrimination. Furthermore, an advertising, sponsorship or naming rights agreement may not result in the advertisement of spirits or tobacco products in violation of K.C.C. chapter 12.51.

D. The director may impose additional subject-matter restrictions on advertising, sponsorship and naming rights agreements consistent with applicable law and the use of parks and recreation facilities by citizens of all ages, in particular young children and families.

E. Revenue generated from advertising, sponsorship and naming rights agreements entered into under this section shall be applied solely to parks and recreation purposes.

NEW SECTION. SECTION 11. Reporting requirements. The division shall provide a written report to the council, filed with the clerk of the council, at least four times each year, by March 15, June 15, September 15 and December 15, and more frequently as directed by the council by motion, regarding the execution of the division's duties and responsibilities as established in K.C.C. 2.16.045.E. Following transmittal of each written report, the division shall also make an oral presentation to the council. The written reports and oral presentations shall include, but shall not be limited to, information as to the division's efforts in:

A. Meeting revenue targets under section 7 of this ordinance;

B. Implementing entrepreneurial strategies including advertising, leasing and concession agreements;

C. Pursuing gifts, bequests and donations, including the value and sources of gifts, bequests and donations received;

D. Developing agreements with other organizations to provide recreation services;

E. Transferring parks and recreation assets within incorporated areas or potential annexation areas to cities; and

F. Community outreach and involvement.

NEW SECTION. SECTION 12. Types of agreements and permits. The director may utilize the following types of agreements and permits:

A. An advertising, sponsorship or naming rights agreement in accordance with section 10 of this ordinance;

B. A concession contract in accordance with K.C.C. chapter 4.57;

C. A lease, rental or use agreement in accordance with K.C.C. 4.56.150;

D. A permit in accordance with K.C.C. 7.12.040; or

E. A special use permit in accordance with K.C.C. 7.12.050.

SECTION 13. Ordinance 6798, Section 2, and K.C.C. 7.12.020 are each hereby amended to read as follows:

Program - ((P))purpose. The playgrounds, activity centers, pools((,)) and other facilities of the division are established by law for public recreation purposes, including, but not limited to, the provision of community services by third parties. ((The public recreation programs consist primarily of activities planned and directed by the division, and secondarily of recreation activities of community groups businesses brought under control of the division when authorized by and conducted under permit issued by the division.))

NEW SECTION. SECTION 14. There is hereby added to K.C.C. chapter 7.12 a new section to read as follows:

Designating off-limits areas. The manager may designate portions of parks and recreation facilities that are off limits to the general public for the purpose of protecting park resources or the environment or for the purpose of protecting the public from conditions that constitute a potential safety hazard. Any portion of a facility that is designated as off limits under this section must have posted notice of the designation. The manager may delegate the authority granted under this section to division employees with appropriate restrictions.

SECTION 15. Ordinance 6798, Section 4, as amended, and K.C.C. 7.12.040 are each hereby amended to read as follows:

Permits ((~~for community groups~~)). The ((~~department~~)) manager may ((~~grant~~)) issue permits to community groups or persons to meet or conduct activities in the ((~~department's buildings or in the~~ ~~department's~~)) parks and recreation facilities if those ((~~buildings, portions of buildings, or~~)) facilities or portions thereof are not otherwise required by the ((~~department~~)) division. ((~~A nominal fee may be charged according to the department's current adopted fee ordinance. The fee ordinance is adopted by metropolitan King County council during its annual budget process.~~)) The director shall charge the applicable user fee for the use permitted under the permit.

((Facilities cannot be reserved more than ninety days in advance unless otherwise authorized by the department. All such permits must be approved by the department. King County swimming pools are excluded from the provisions of K.C.C. 7.12.040.))

SECTION 16. Ordinance 6798, Section 5, as amended, and K.C.C. 7.12.050 are each hereby amended to read as follows:

Special use permits.

A. ((~~Groups which do~~)) Uses not meeting all of the requirements ((~~set forth~~)) in K.C.C. 7.12.040 ((~~and groups which~~)), and any other private uses of parks and recreation facilities of less than thirty days in a twelve-month period not governed by another code provision, may be ((~~granted~~)) authorized by special use permits granted by the ((~~department, and will be charged a~~)) director. A fee ((~~will~~)) shall be charged for ((~~such~~)) those uses. The director shall determine the amount of the fee. ((~~Where~~)) As appropriate, the director shall specify special conditions of use ((~~will be established by the department~~)) and ((~~so noted~~)) note the conditions on the special use permit. ((~~A schedule of the charges for special services in King County recreational facilities will be established by the department with the approval of the King County council.~~)) Special use permits may have a term of up to five years without requiring council approval.

B. ((~~Groups~~)) Those applying for special use permits for activities at which the consumption of alcoholic beverages is intended((,)) must meet the requirements of state law with respect to liquor permits ((~~as a precondition~~)) and this chapter. During the course of the activity, the state liquor permit must be displayed within the area.

SECTION 17. Ordinance 6798, Section 6, and K.C.C. 7.12.060 are each hereby amended to read as follows:

Cancellation of reservation or permit. The division ((~~reserves the right to~~)) may cancel a ((~~permittee's~~)) reservation or permit for cause or if the division wishes to make use of the facility ((~~which~~)) that in the judgment of the division supersedes the need of the permittee. Notice of the division's cancellation for priority use shall be given at least twenty-four hours in advance of the reserved or permitted use. Notice of cancellation for cause may be given at any time.

SECTION 18. Ordinance 6798, Section 8, and K.C.C. 7.12.080 are each hereby amended to read as follows:

Use of facilities - ((B))building use hours. Activities ((~~for groups~~)) of persons using ((~~the~~)) facilities ((~~Sundays through Thursdays~~)) shall ((~~normally~~)) cease at 10:00 p.m. ((~~unless otherwise approved on the use permit. O~~))on Sundays through Thursdays and at 12:30 a.m. on Fridays and Saturdays ((~~groups must agree to be out of the facilities by 12:30 a.m.~~)), unless otherwise approved in the use permit.

SECTION 19. Ordinance 6798, Section 15, and K.C.C. 7.12.150 are each hereby amended to read as follows:

Facility use - ((S))sale of goods or services. The use of parks and recreation facilities for financial gain shall be allowed only through permits, concession contracts ((~~secured by the county's competitive bid process, negotiated concession contracts or special use permit issued by the division~~)), leases and other authorized agreements with the county.

SECTION 20. Ordinance 6798, Section 24, and K.C.C. 7.12.240 are each hereby amended to read as follows:

Parking lots and roadways - ((G))games prohibited. Games of any kind are prohibited in parking lots and roadways of all division facilities, except when those areas are closed for special events.

SECTION 21. Ordinance 6798, Section 44, and K.C.C. 7.12.440 are each hereby amended to read as follows:

Littering. No person shall leave, deposit, drop or scatter bottles, broken glass, ashes, food, waste paper, cans((,)) or other rubbish or material in a King County park area, except in a garbage can or other receptacle designated for ((~~such~~)) those purposes.

NEW SECTION. SECTION 22. There is hereby added to K.C.C. chapter 7.12 a new section, to read as follows:

Off-limits areas. A person may not enter upon areas of parks and recreation facilities that have been designated off limits by the manager or the manager's designee under section 14 of this ordinance. This section does not apply to authorized county employees.

SECTION 23. Ordinance 6798, Section 61, and K.C.C. 7.12.610 are each hereby amended to read as follows:

Solicitation. ((No)) A person shall not, in any King County parks and recreation facility, except by lease under K.C.C. chapter 4.56, concession contract under K.C.C. chapter 4.57, by advertising, sponsorship or naming rights agreement under section 10 of this ordinance or by permits under K.C.C. 7.12.040 or 7.12.050:

A. ((s))Solicit, sell((,)) or peddle any goods, services, wares, merchandise, liquids((,)) or edibles for human consumption((~~, or~~));

B. ((d))Distribute or post any handbills, circulars((,)) or signs((,)); or

C. ((u))Use any loud((-))speakers or other amplifying devices((~~, in any King County park area, except by concession contract or by special use permit issued by the division~~)).

SECTION 24. Ordinance 6798, Section 64, and K.C.C. 7.12.640 are each hereby amended to read as follows:

Alcoholic ((B))beverages. Selling, opening or possessing alcoholic beverages in an open container, or consuming any alcoholic beverage in a King County parks((,)) and recreation facility ((~~area~~)) or associated marine area is prohibited except in ((~~the following~~)) areas designated ((~~subject to approval~~)) by the manager or the manager's designee(( ~~and under the following conditions~~)). Alcohol shall be consumed only within designated areas, and activities shall comply with all Washington State Liquor Control Board requirements.

((~~A. The sale and consumption of alcoholic beverages is permissible in the club house at the Enumclaw golf course.~~

B. The sale and consumption of alcoholic beverages is permissible for special use permit groups at the King County fairgrounds, if the activities conform to the requirements of the Washington State Liquor Control Board under Title 66 RCW.

C. The sale and consumption of alcoholic beverages is permissible at designated indoor and outdoor locations within Marymoor Park, King County Aquatic Center and indoors at the Lake Wilderness Center, Gold Creek Lodge in Woodinville and Issaquah Lodge at Beaver Lake by special use permit groups, if the activities conform to the requirements of the Washington State Liquor Control Board under Title 66 RCW, and that the serving and consumption is confined to the designated location. The director shall designate the locations within the park and recreational facility where the activity is permissible. The director of parks and recreation may issue a special use permit to the Team Seattle National Events Committee, allowing the sale and consumption of alcoholic beverages by the special use permit group at Fort Dent Park, during the Men's Masters 45 & Over Slow Pitch Softball National Championship Tournament for the inclusive dates of September 10 through 12, 1999.))

NEW SECTION. SECTION 25. There is hereby added to K.C.C. chapter 2.80 a new section to read as follows:

Exemption - gifts, bequests or donations for parks and recreation purposes. This chapter does not apply to gifts, bequests or donations, of under fifty thousand dollars, received for parks and recreation purposes.

SECTION 26. Ordinance 6835, Section 3, and K.C.C. 2.99.030 are each hereby amended to read as follows:

Policies. The following policies shall govern the establishment of fees and the amount of fees:

A. Any fee ((~~where~~)) for which the amount or rate is established by state statute is exempt from ((~~the provisions of~~)) this chapter.

B. King County may establish any fee, consistent with policies of this chapter, unless specifically prohibited by state statute.

C. Any fees established by the prosecuting attorney, superior court((,)) or district court at their discretion ((~~pursuant to~~)) under authority granted by state statute are exempt from ((~~the provisions of~~)) this chapter.

D. Any fees established by the county board of health ((~~pursuant to~~)) under state statute are exempt from ((~~the provisions of~~)) this chapter.

E. Any fees set by the department of natural resources and parks are exempt from this chapter.

F. The following fees ((())and the amount of fees(())) must be established by ordinance, unless specific administrative fee-setting authority is granted by ordinance to a county agency((/)) or official:

1. Regulatory fees; and

2. Enterprise fund fees((;

~~3. Swimming pool and other recreational service fees charged as a condition of using county recreational facilities or of participating in a recreational program/activity run by a county agency~~)).

((F.)) G. For all other fees-for-service not specified in ((~~K.C.C. 2.99.030 A. through E.~~)) subsections A. through F. of this ((~~chapter~~)) section, the following policies and procedures ((~~will~~)) apply:

1. The executive may establish changes in the existing amounts or rates of fees-for-service and may establish new fees-for-service by submitting the proposed schedule of fee changes to the county council at the time the executive proposed annual budget is submitted. The proposed schedule of fee changes shall also be filed with the clerk of the council.

2. The proposed schedule of fee changes shall include the following information for each proposed fee change:

a. ((F))fee ((T))title and ((D))description. ((~~This section~~)) The description should indicate whether the proposal is a change in the amount of an existing fee or a proposed new fee.

b. ((P))proposed ((A))amount((/)) or ((R))rate. If the proposal is a change to an existing fee, both the existing amount((/)) or rate and the proposed amount((/)) or rate should be indicated.

c. ((E))effective ((D))date of the ((C))change. ((~~This~~)) The date should be the first day of the next calendar year.

d. ((L))legal ((A))authority. ((~~This section~~)) The information should cite this chapter or a more specific ordinance((/)) or statute, if any, granting fee-setting authority.

e. ((R))reason for ((C))change. ((~~This section~~)) The information should indicate the reason for the change and the methodology used to determine the proposed amount((/)) or rate.

3. Following receipt of the executive proposed schedule of fee changes, the county council may enact an ordinance adopting or modifying the proposed schedule. If ((no)) council action is not taken on the proposed schedule within ((75)) seventy-five days of receipt, the proposed fee changes shall become effective as submitted by the executive on the first day of the calendar year following executive submittal.

4. Any changes in fees-for-service amounts or any new fees-for-service proposed by the executive at times other than that specified in this section must be submitted to the county council in the form of a proposed ordinance((;)), and ((~~such~~)) the changes shall not be effective unless enacted by ordinance.

5. The fee-for-service amounts proposed by the executive ((~~pursuant to~~)) under this section shall reflect all reasonable costs of providing the service.

SECTION 27. Ordinance 12076, Section 9, as amended, and K.C.C. 4.08.015 are each hereby amended to read as follows:

rtlch First tier funds and designated fund managers.

A. First tier funds and fund managers are as follows:

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