Drafter
Clerk 09/29/2008
Title
A RESOLUTION relating to the Subregional Opportunity Fund, establishing an allocation process, eligibility criteria, and a mechanism for distributing the King County Flood Control Zone District’s Opportunity Fund, and amending Resolution FCZD2007-03.2, section 11.
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BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE KING COUNTY FLOOD CONTROL ZONE DISTRICT:
SECTION 1. Findings:
A. The King County Flood Control Zone District was created by the King County Council in April 2007 by Ordinance 15728, which included the creation of a fifteen member advisory committee of elected officials to provide expert policy advice to the board of supervisors of the district on regional flood protection issues, and to review and recommend an annual work program and budget for the district, including capital improvement program projects and funding levels.
B. The board of supervisors seeks to address in an equitable manner flooding problems that occur along the mainstem rivers of King County including their major tributaries and flooding problems that occur in those jurisdictions that provide funding but which experience flooding unrelated to mainstem rivers and major tributaries.
C. In Resolution FCZD2007-03.2 the board of supervisors approved the district's 2008 annual work program and budget to support the 2008 budget and implement the 2008 work program. Ten percent of the district's revenues were allocated to an “opportunity fund” for addressing “subregional” flooding problems unrelated to main- stream river and major tributaries.
D. Resolution FCZD2007-03.2 further provided that the advisory committee develop a definition for "subregional" projects that qualify for the opportunity fund and provide a recommendation to the district regarding this matter.
E. In response to this directive, the advisory committee’s 2008 agenda included discussions related to defining what types of flood protection projects constitute "subregional facilities" and to establishing criteria for determining which projects qualify for the district’s capital improvement project list and which qualify for the “subregional opportunity fund.”
F. During two meetings in May 2008, the advisory committee considered a variety of options related to the criteria and types of projects eligible for the “subregional opportunity fund.” The advisory committee unanimously recommended to the board of supervisors that the opportunity funds be distributed to each jurisdiction based on a proportional share of 10% of the total King County assessed valuation as collected within each jurisdiction, and that the opportunity funds be used for any project or activity that is consistent with the statutory authorization of chapter 86.15 RCW, the state statute under which the district is authorized and functions.
G. Under RCW 86.15.110, district funds may be expended for flood control improvements that are extended, enlarged, acquired or constructed, provided a comprehensive plan of development for flood control has been developed and the improvement contributes to the objectives of the plan and the plan has been submitted to and approved by the Washington state department of ecology. In addition, for improvements that are to be newly constructed, preliminary engineering studies and plans must have been developed, and such plans and studies must be on file with the district's engineer. For all projects, cost estimates and underlying data must be provided and the benefit provided by the improvement must be described.
H. Also, under RCW 86.15.110, district funds may be expended for stormwater control improvements that are extended, enlarged, acquired or constructed, provided a comprehensive plan for stormwater control has been prepared for the area and the improvement is consistent with the plan. In addition, for improvements that are to be newly constructed, preliminary engineering studies and plans must have been developed, and such plans and studies must be on file with the district's engineer. For all projects, cost estimates and underlying data must be provided and the benefit provided by the improvement must be described.
I. Under RCW 86.15.035 and 39.34.190, district funds may be expended for cooperative watershed management actions, including watershed management partnerships and other intergovernmental agreements, for the purposes of water supply, water quality, and water resource and habitat protection and management, provided the funds expended are used for the implementation of watershed management plans.
J. It is the intent of the board of supervisors to distribute the 2008 and 2009 opportunity funds as part of the 2009 budget process.
SECTION 2. The board of supervisors hereby adopts the recommendations of the advisory committee that eligibility of projects be based on consistency with chapter 86.15 RCW; however, expenditures under RCW 86.15.035 and RCW 39.34.190 for salmonid habitat protection shall be linked to the construction of a flood or stormwater project. The allocation of opportunity funds to each jurisdiction shall be based on that jurisdiction's proportional contribution to the overall King County assessed valuation, as collected.
SECTION 3. Resolution FCZD 2007-03.2 is amended to read as follows:
Ten percent of the district's revenues shall be allocated towards projects addressing "subregional" flooding problems ((unrelated to main stem rivers and large tributaries)) in each jurisdiction. These revenues should constitute an "opportunity fund" and the advisory committee shall develop a definition for "subregional" projects that qualify for the "opportunity fund" and shall provide a recommendation to the district. Attachment D to this resolution shall be amended as needed to reflect the changes resulting from this section.
SECTION 4. The board of supervisors directs the department of natural resources and parks to review applications to ensure that the required information is complete and that the proposed projects and activities are eligible under section 2 of this resolution. SECTION 5. The board of supervisors directs the department of natural resources and parks to review applications to ensure that the required information is complete and that the proposed activities are eligible under the provisions of chapter 86.15 RCW.
SECTION 6. The board of supervisors recognizes that jurisdictions are not precluded from seeking to fund one or more activities each year, from allowing funds to accumulate over time, provided such accumulation is provided for in the jurisdiction's application, or from contributing funds toward activities that are part of the district’s existing work program.
SECTION 7. The board of supervisors directs the department of natural resources and parks to incorporate proposed opportunity fund activities into a single project list for approval by the board as part of the annual work program and budget approval process.
SECTION 8. The board of supervisors authorizes the executive director to enter into an interlocal agreement on behalf of the district with each of the jurisdictions within the district defining the scope, schedule, budget, milestones, and deliverables for activities funded through the opportunity fund, in substantial conformity to the form of the agreement to be established by the board of supervisors as described in section 4. It is
the intent of the board to amend this agreement annually upon approval of the annual budget and work program.