File #: 2015-0420    Version:
Type: Ordinance Status: Passed
File created: 10/19/2015 In control: Budget and Fiscal Management Committee
On agenda: Final action: 11/9/2015
Enactment date: 11/20/2015 Enactment #: 18156
Title: AN ORDINANCE authorizing a supplemental appropriation of $4,746,204 to the landfill reserve capital fund and amending the 2015/2016 Budget Ordinance, Ordinance 17941, Section 129, as amended, and Attachment A, as amended.
Sponsors: Joe McDermott
Indexes: Solid Waste
Attachments: 1. Ordinance 18156.pdf, 2. 2015-0420 legislative review form.pdf, 3. A. 2015-2016 Capital Improvement Program, amended November 9, 2015, Version 3, 4. A. 2015-2016 Capital Improvement Program, Amended September 8, 2015, 5. 2015-0420 transmittal letter.docx, 6. 2015-0420 2015-2016 fiscal note.pdf, 7. 20150420 Financial Plan 2015-2016 Standalone Ordinance- Landfill Reserve Fund 000003910.pdf, 8. 2015-0420_SR_SW Landfill Gas Pipeline 102015.docx, 9. 2015-0420_ATT3_SWD_2015-16_Mid Bi_ CAPS.pdf, 10. 18156 amendment package 11-9-15 .pdf
Staff: Reed, Mike

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AN ORDINANCE authorizing a supplemental appropriation of $4,746,204 to the landfill reserve capital fund and amending the 2015/2016 Budget Ordinance, Ordinance 17941, Section 129, as amended, and Attachment A, as amended.

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                     BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:

                     SECTION 1.  This ordinance makes a supplemental appropriation of $4,746,204 to the landfill reserve fund.

                     SECTION 2.  Ordinance 17941, Section 129, as amended, is hereby amended to read as follows:

                     CAPITAL IMPROVEMENT PROGRAM - The executive proposed capital budget and program for 2015/2016 - 2019/2020 is incorporated herein as Attachment A to this ordinance, amended November 9, 2015, Version ((2)) 3.  The executive is hereby authorized to execute any utility easements, bill of sale or related documents necessary for the provision of utility services to the capital projects described in Attachment A to this ordinance, amended November 9, 2015, Version ((2)) 3, but only if the documents are reviewed and approved by the custodial agency, the real estate services division and the prosecuting attorney's office.  Consistent with the requirements of the Growth Management Act, Attachment A to this ordinance, amended November 9, 2015, Version ((2)) 3, was reviewed and evaluated according to the King County Comprehensive Plan.  Any project slated for bond funding will be reimbursed by bond proceeds if the project incurs expenditures before the bonds are sold.

                     From the several capital improvement project funds there are hereby appropriated and authorized to be disbursed the following amounts for the specific projects identified in Attachment A to this ordinance, amended November 9, 2015, Version ((2)) 3 .

Fund                     Fund Name                     2015/2016

3151                     CONSERVATION FUTURES LEVY SUBFUND                     $19,199,186

3160                     PARKS, RECREATION AND OPEN SPACE                     $14,222,692

3292                     SWM CIP NON-BOND                      $24,563,726

3310                     LONG TERM LEASE                     $97,949,600

3361                     PUGET SOUND EMERGENCY RADIO NETWORK FUND                     $54,998,975

3380                     AIRPORT CONSTRUCTION                     $6,738,997

3421                     MAJOR MAINTENANCE RESERVE SUB                     $11,210,502

3461                     REGIONAL JUSTICE CENTER PROJECTS                     $918,190

3473                     RADIO SERVICES CIP FUND                     $721,967

3490                     PARKS FACILITIES REHAB                     $2,330,265

3522                     OPEN SPACE NON-BOND COUNTY PROJECTS                     $7,033,000

3581                     PARKS CAPITAL FUND                     $62,572,672

3591                     MARINE CAPITAL FUND                     $11,385,921

3611                     WASTEWATER TREATMENT CIP FUND                     $252,861,142

3641                     PUBLIC TRANSPORTATION UNRESTRICTED                     $508,803,182

3673                     CRITICAL AREAS MITIGATION                     $15,189,447

3681                     REAL ESTATE EXCISE TAX (REET) #1                     $12,475,478

3682                     REAL ESTATE EXCISE TAX (REET) #2                     $13,434,530

3691                     TRANSFER OF DEVELOPMENT CREDITS PROGRAM                     $7,330,132

3721                     GREEN RIVER FLD MTGTN TRANSFERS                     $2,545,966

3771                     OIRM CAPITAL FUND                     $20,652,184

3781                     ITS CAPITAL FUND                     $6,236,215

3810                     SOLID WASTE CAPITAL EQUIPMENT RECOVERY FUND                     $7,400,000

3850                     RENTON MAINTENANCE FAC. CONSTR. FUND                     -$893,944

3860                     COUNTY ROAD CONSTRUCTION FUND                     $42,613,719

3873                     HMC CONSTRUCTION 1997                     -$31,430

3901                     SOLID WASTE 1993 BONDS CONSTRUCTION SUBFUND                     $3,329,280

3910                     LANDFILL RESERVE FUND                     (($24,735,312)) $29,481,516

3873                     HMC CONSTRUCTION 1997                     -$31,430

3951                     BUILDING REPAIR/REPLACEMENT SUBFUND                     $14,776,882

3961                     HARBORVIEW MEDICAL CENTER BUILDING                     $8,780,807

                     REPAIR/REPLACEMENT SUBFUND

TOTAL CAPITAL IMPROVEMENT PROGRAM                     (($1,254,085,000)) $1,258,831,000

                     ER1 EXPENDITURE RESTRICTION:

                     Of the appropriation for capital project 1124413, real time improvements, $600,522 shall not be expended or encumbered until the council passes a motion approving a strategic technology roadmap for transit, as referenced in proviso P4 of this section.

                     ER2 EXPENDITURE RESTRICTION:

                     Of the appropriation for capital project 1121402, WTC Brandon Michigan

CSO, $1,250,000 shall be expended or encumbered solely to retain and support the work of the expert review panel and to research and conduct engineering analysis to produce reports that are referenced in section 110, proviso P3, of this ordinance.

                     ER3 EXPENDITURE RESTRICTION:

                     Of the appropriation for capital project 1113189, WTC process replacement

 improvement, no funds shall be expended or encumbered to design or install a new security gate at the entrance to the West Point treatment plant until the council receives a letter from the executive with a signed interlocal agreement between King County and the Seattle parks and recreation department, or its successor, for operation of a passenger vehicle service in Discovery park for park patrons.

                     ER4 EXPENDITURE RESTRICTION:

                     Of the appropriation for capital project 1117106, children and family justice center, $955,000 shall be expended solely to pay for a county employee or third-party consultant to assist the facilities management division in monitoring the project labor agreement and confirming that the provisions of the agreement are being fulfilled.

                     P1 PROVIDED THAT:

                     Of the appropriation for capital project 1124456, ORCA replacement, $250,000 shall not be expended or encumbered until the executive transmits a report on ORCA replacement implementation issues and a motion that accepts the report and the motion is passed by the council.  The motion shall reference the subject matter, the proviso's ordinance, ordinance section and proviso number in both the title and body of the motion.

                     The report shall include, but not be limited to:

                     A.  A work plan identifying when and how the council will be engaged in the

decision process for selecting a replacement for the existing ORCA system;

                     B.  Identification of any changes to the King County Code, the regional fare coordination agreement and other interlocal agreements that may be proposed as part of the project and the anticipated schedule for transmitting the changes;

                     C.  A description of policy issues for council consideration that could affect

a replacement system, including but not limited to policies identified in the August 6, 2014, ORCA Needs Analysis and Technology Survey, such as fare simplification, universal elimination of cash transfers and movement to a cashless system;

                     D.  An update of the benefit achievement plan for the project;

                     E.  Identification of impacts to and dependencies on existing transit technology infrastructure and proposed projects including, but not limited to, the 4.9 MHz network project and mobile ticketing pilot project;

                     F.  Equity and social justice impacts to be considered in the replacement of ORCA; and

                     G.  Network and electronic payment security issues to be considered in the

 replacement of ORCA.

                     The executive must file the report and motion required by this proviso by March 31, 2016, in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers, the council chief of staff, the policy staff director and the lead staff for the transportation, economy and environment committee, or its successor.

                     P2 PROVIDED FURTHER THAT:

                     Of the appropriation for capital project 1116944, mobile ticketing pilot project, $440,000 shall not be expended or encumbered until the executive transmits a mobile ticketing pilot project work plan and a motion that accepts the work plan and the motion is passed by the council.  The motion shall reference the subject matter, the proviso's ordinance, ordinance section and proviso number in both the title and body of the motion.

                     The work plan shall include, but not be limited to:

                     A.  A summary of the pilot project;

                     B.  An explanation of how the demonstration participants will be chosen;

                     C.  A discussion of whether the application will be developed by KCIT or by an outside vendor; and

                     D.  An explanation of what data will be collected and how it will be used.

                     The executive must file the work plan and motion required by this proviso

in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers, the council chief of staff, the policy staff director and the lead staff for the transportation, economy and environment committee, or its successor.

                     P3 PROVIDED FURTHER THAT:

                     Of the appropriation for capital project 1124203, Chinook building consolidation, $548,942 shall not be expended or encumbered until the executive transmits a finalized plan for the Chinook building consolidation and a motion that approves the plan and the motion is passed by the council.  The motion shall reference the subject matter, the proviso's ordinance, ordinance section, and proviso number in both the title and body of the motion.

                     The plan shall include, but not be limited to:

                     A.  The number of public health staff moving from the ninth floor;

                     B.  The finalized Chinook building locations to be occupied by staff moving from the ninth floor;

                     C.  Any associated moves within the Chinook building related to clearing the ninth floor and moving public health staff;

                     D.  Any associated moves, if any, by other county agencies from other county buildings;

                     E.  The cost impacts for all parties being relocated, including any anticipated tenant improvements;

                     F.  The final occupant selected to occupy the ninth floor; and

                     G.  The timelines associated with all relocations.

                     The executive must file the plan and motion required by this proviso when plans are finalized in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers, the council chief of staff, the policy staff director and the lead staff for the budget and fiscal management committee, or its successor.

                     P4 PROVIDED FURTHER THAT:

                     Of the appropriation for capital project 1124887, strategic technology roadmap for transit, $25,000 may not be encumbered until the executive transmits the Strategic Technology Roadmap for Transit and a motion that approves the Strategic Technology Roadmap for Transit and the motion is passed by the council.  The motion shall reference the subject matter, the proviso's ordinance, ordinance section and proviso number in both the title and body of the motion.

                     The Strategic Technology Roadmap for Transit shall address how technology will be used in the future to support Transit in delivering transit services.  The Strategic Technology Roadmap for Transit is intended to provide a planned, integrated, and forward-looking understanding of the evolving technology needs and solutions over the next five years for transit riders, operations and administration.  The Strategic Technology Roadmap for Transit shall recommend and prioritize technology solutions and identify the integration points of those solutions other transit and county and regional technologies.

                     Before transmitting the Strategic Technology Roadmap for Transit, the executive must file a preliminary report identifying the specific components to be included in the Strategic Technology Roadmap for Transit and a draft outline of the Strategic Technology Roadmap for Transit and motion approving this preliminary report by April 1, 2015, in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers, the council chief of staff, the policy director and the lead staff for the transportation, economy and environment committee, or its successor.

                     The executive must file the Strategic Technology Roadmap for Transit and motion approving it in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers, the council chief of staff, the policy director and the lead staff for the transportation, economy and environment committee, or its successor.

                     P5 PROVIDED FURTHER THAT:

                     Of the appropriation for capital project 1124472, courthouse system revitalization, $500,000 shall not be expended or encumbered until the executive transmits a report on the King County Courthouse building systems and a motion that approves the report and the motion is passed by the council.  The motion shall reference the subject matter, the proviso's ordinance, ordinance section and proviso number in both the title and body of the motion.

                     The report shall include, but not be limited to:

                     A.  A building alternative analysis;

                     B.  A list of possible projects, reported by system or task;

                     C.  The estimated costs for each possible project, reported by system or task;

                     D.  A risk assessment and any risk mitigation plans for possible projects;

                     E.  A prioritization for possible projects;

                     F.  The estimated timelines for possible projects;

                     G.  The status of locating as-built structural documentation;

                     H.  A discussion of the historical significance of the building and how the historical designation could affect the project; and

                     I.  Any work done to investigate or access state, federal or other funding sources in support of the project.

                     The executive must file the report and motion required by this proviso by

April 1, 2016, in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers, the council chief of staff, the policy staff director and the lead staff for the budget and fiscal management committee, or its successor.

                     P6 PROVIDED FURTHER THAT:

                     Of the appropriation for capital project 1122048, AFIS laboratory replacement, $650,000 shall not be expended or encumbered until the executive transmits a report on a delivery method for laboratory replacement and a motion that approves the report and the motion is passed by the council.  The motion shall reference the subject matter, the proviso's ordinance, ordinance section and proviso number in both the title and body of the motion.

                     The report shall include, but not be limited to, the final recommended delivery method selected for replacing the laboratory.  The report shall include a cost-benefit analysis for delivery methods considered and any anticipated timelines for design, permitting and occupancy associated with the selected delivery method.

                     The executive must file the report and motion required by this proviso by

August 31, 2015, in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers, the council chief of staff, the policy staff director and the lead staff for the budget and fiscal management committee, or its successor.

                     P7 PROVIDED FURTHER THAT:

                     Of this appropriation for capital project 1039848, ballfield/sport court rehab, $300,000 shall not be expended or encumbered until the executive transmits a report on the development and construction of the project identified in Ordinance 17759 and a motion that approves the report, and the motion is passed by the council.  The motion shall reference the subject matter, the proviso's ordinance, ordinance section and proviso number in both the title and body of the motion.

                     The report shall provide a plan to fully fund and complete the development and construction of the project identified in Ordinance 17759.  The report shall include, but not be limited to:

                     A.  A status report on work completed to date;

                     B.  A status report on the work remaining to complete the project as identified in Ordinance 17759;

                     C.  A budget indicating the amount needed to complete the project above and beyond the funds identified in Ordinance 17759 and the proposed sources for these additional funds, including any additional funding to be provided to the project by King County;

                     D.  An amendment to the use agreement, if needed, to cover any changes to the project budget, including any additional funds to be provided to the project by King County, and itemizing the consideration King County will receive for this additional investment; and

                     E.  A proposed ordinance, if needed, to authorize the executive to execute an amendment to the use agreement.

                     The executive must file the report and motion required by this proviso by June 4, 2015, in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers, the council chief of staff, the policy staff director and the lead staff for the transportation, economy and environmental committee, or its successor.

                     P8 PROVIDED FURTHER THAT:

                     Of this appropriation, $240,000 shall be expended or encumbered only in six increments of $40,000 each after the executive provides a quarterly oral report on matters related to airport perimeter security measures for each prior quarter, transmits a motion that accepts the quarterly report and each motion is adopted by the council.  Each motion shall reference the subject matter, the proviso's ordinance, ordinance section and proviso number in both the title and body of the motion.  Upon passage of each motion, $40,000 is released for expenditure.

                     Each quarterly report before the government accountability and oversight committee, or its successor, on airport perimeter security measures shall address the following elements:  security measures implemented in the previous quarter; security violations; and updated plans, including financial strategies for additional security investments to prevent physical intrusions on to airport property.  If any public reporting on the elements would affect national security, the executive shall provide the oral report in executive session under RCW 42.30.110(1)(a).  For reporting on those elements that do not affect national security, the executive shall provide the required reporting in open session.

                     The executive must file the quarterly motions required by this proviso by October 1, 2015, November 15, 2015, February 15, 2016, May 15, 2016, August 15, 2016, and November 15, 2016, in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers, the council chief of staff, the policy staff director and the lead staff for the government accountability and oversight committee, or its successor.  The executive should provide each quarterly oral report before the filing date of the next motion.

                     P9 PROVIDED FURTHER THAT:

                     Of the appropriation for capital project 1117106, children and family justice center, $1,000,000 shall be expended solely for an economic opportunity and empowerment program and its administration, to ensure diversity in the project workforce and to facilitate achievement of the design build contract's goals for hiring and training minorities, women, veterans and youth, and small contracting and suppliers utilization goal.

                     The empowerment program shall be administered by an executive appointee, who may either be a county employee or a consultant, and who shall provide assistance to the design-build contractor for it to meet or exceed the contractually required apprenticeship hiring percentage, thereby satisfy the "best efforts" requirement under K.C.C. 12.16.160.A.2.a., as well as meet or exceed the apprentice hiring goals for all identified targeted populations.  The administrator shall also assist the design-build contractor for it to meet or exceed the contract goal of small contractor and service utilization and thereby be in compliance with K.C.C. 2.97.100.

                     The administrator shall create a plan to achieve or exceed the hiring and training goals for apprentices and the utilization goals for small contracting and suppliers.  The administrator shall convene a community advisory board appointed by the executive by April 30, 2015, and confirmed by the county council.  The board shall advise and assist the administrator in the plan development, administration and reporting.  To address chronic unemployment and underemployment in certain communities in King County and to address the adverse social consequences of said unemployment and underemployment, the plan shall include a targeted local hire program, to the extent permitted by law, focused on recruiting workforce participants from King County's economically disadvantaged communities.  If appropriate, the plan may incorporate elements of Seattle Council Bill 118282.  The plan shall be used to assist the design-build contractor in fulfilling its contractual obligations of the apprenticeship hiring percentage, as well as the apprentice hiring goals for all identified targeted populations, utilizing small contractors and suppliers, and using all reasonable efforts to achieve local hires and involve youth on the project.  At least ninety days before issuing to the design-build contractor a notice to proceed with construction, the executive must transmit the plan and a motion approving the plan in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers, the council chief of staff, the policy staff director and the lead staff for the budget and fiscal management committee, or its successor.

                     Progress toward achieving the design-build contractor's contractually required  hiring goals and standards shall be reported to the council by the administrator every quarter, beginning with the quarter immediately following the start of construction and continuing until the project is completed.  The executive must file the reports required by this proviso in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers, the council chief of staff, the policy staff director and the lead staff for the budget and fiscal management committee, or its successor.

                     P10 PROVIDED FURTHER THAT:

                     Of the appropriation for capital project 1126543, DCHS Behavioral Health Integration, $400,000 shall not be expended or encumbered until the executive transmits two status reports on expenditures to date and dependencies and motions that accept the reports.  Each motion shall reference the subject matter, the proviso's ordinance, ordinance section and proviso number in both the title and body of the motion.  Upon transmittal of each report, $200,000 shall be released for expenditure.

                     The reports shall include, but not be limited to:

                     A.  Enumeration of the expenditures to date;

                     B.  The status of state dependencies and their impact on the project including the status of the state database with which the county database must interface and what guidance the state has provided with regards to federal confidentiality rules; and

                     C.  The status and timeline of provider readiness, including any technical assistance provided or scheduled, to interface with the new system.

                     The executive must file the reports required by this proviso by November 16, 2015, and February 15, 2016, respectively, and the motions required by the proviso by those same dates, in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers, the council chief of staff, the policy staff director and the lead staff for the health, housing and human services committee or its successor.

                     The executive must file the reports and motions required by this proviso by November 16, 2015, and February 15, 2016, respectively, and the motions required by the proviso by those same dates, in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers, the council chief of staff, the policy staff director and the lead staff for the health, housing and human services committee or its successor.

                     P11 PROVIDED FURTHER THAT:

                     For capital project 1126545, DES BRC Reporting Project, the executive shall transmit a report on the scope of the project and specific expected benefits and a motion accepting that report.  The motion shall reference the subject matter, the proviso's ordinance, ordinance section and proviso number in both the title and body of the motion.

                     The report shall include, but not be limited to:

                     A.  The scope of the complete BRC reporting project-what will and will not be included;

                     B.  Benefits of the project and how those benefits will be measured;

                     C.  Whether there will be a request for proposals or an alternate approach to procurement and the analysis supporting that decision;

                     D.  Ongoing operational costs and staffing requirements;

                     E.  Preliminary listing of expected reports;

                     F.  Number of expected users by system and department; and

                     G.  Listing of side systems expected to be eliminated and those that will be kept.

                     The executive must file the report and motion required by this proviso by November 1, 2015, in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers, the council chief of staff, the policy staff director and the lead staff for the budget and fiscal management committee or its successor.

                     P12 PROVIDED FURTHER THAT:

                     Of the appropriation for capital project 1121493, constituent engagement services, $100,000 shall not be expended or encumbered until policies for protecting constituents' personal information are adopted and published and the council passes a motion approving a report outlining how constituents' personal information will be protected.  The motion shall reference the subject matter, the proviso's ordinance, ordinance section and proviso number in both the title and body of the motion.

                     The executive must file the report and motion required by this proviso in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers, the council chief of

staff, the policy staff director and the lead staff for the budget and fiscal management committee or its successor.