File #: 2005-0257    Version: 1
Type: Ordinance Status: Passed
File created: 6/13/2005 In control: Budget and Fiscal Management Committee
On agenda: Final action: 9/6/2005
Enactment date: 9/9/2005 Enactment #: 15270
Title: AN ORDINANCE establishing and stating the purpose of a new fund entitled cultural resource mitigation fund and the policies governing its use; making technical changes; amending Ordinance 12076, Section 9, as amended, and K.C.C. 4.08.015 and adding a new section to K.C.C. chapter 4.08.
Sponsors: Larry Gossett, Jane Hague
Indexes: Budget, Comprehensive Plan, Funds, Historic Preservation
Code sections: 4.08 - , 4.08.015 -
Attachments: 1. Ordinance 15270.pdf, 2. 2005-0257 Staff Report 8-31-05, 3. 2005-0257 Transmittal Letter.doc, 4. Attachment C -Fiscal Note to 8-31-05 Staff Report.xls
Staff: Hamacher, Patrick
Drafter
Clerk 06/02/2005
title
AN ORDINANCE establishing and stating the purpose of a new fund entitled cultural resource mitigation fund and the policies governing its use; making technical changes; amending Ordinance 12076, Section 9, as amended, and K.C.C. 4.08.015 and adding a new section to K.C.C. chapter 4.08.
body
PREAMBLE:
King County has determined that significant historic and archaeological properties should be preserved for the benefit of county residents, visitors and future generations (K.C.C. chapter 20.62).
King County has made a policy determination that adverse impacts to historic and archaeological properties significant in the history of the county shall be mitigated in accordance with county Comprehensive Plan policies P-216 to P-219, under the state Environmental Policy Act, K.C.C. chapter 20.44 and other county regulations including K.C.C. chapter 20.62.150.
Federal undertakings in King County are subject to Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), and require mitigation of adverse impacts to cultural resources.
The mitigation requires professional expertise and oversight by cultural resource managers.
The mitigation measures supported by this fund may be conducted before, during or after actual implementation of the project causing the adverse effects, and at locations other than the project site.
Mitigation of adverse impacts furthers the preservation of significant historic and archaeological properties and their benefit to the residents of King County
      BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
      SECTION 1.  Ordinance 12076, Section 9, as amended, and K.C.C. 4.08.015 are each hereby amended to read as follows:
      First tier funds and designated fund managers.
      A.  First tier funds and fund managers are as follows:
Fund No.
Fund Title
Fund Manager
103
County Road
Dept. of Transportation
104
Solid Waste Landfill Post Closure Maintenance
Dept. of Natural Resources and Parks
109
Recorder's O & M
Dept. of Executive Services
111
Enhanced-911 Emergency Tel System
Dept. of Executive Services
112
Mental Health
Dept. of Community and Human Services
115
Road Improvement Guaranty
Dept. of Transportation
117
Arts and Cultural Development
Dept. of Executive Services
119
Emergency Medical Services
Dept. of Public Health
121
Surface Water Management
Dept. of Natural Resources and Parks
122
Automated Fingerprint Identification System
Dept. of Public Safety
128
Local Hazardous Waste
Dept. of Public Health
129
Youth Sports Facilities Grant
Dept. of Natural Resources and Parks
131
Noxious weed control fund
Dept. of Natural Resources and Parks
134
Development and Environmental Services
Dept. of Development and Environmental Services
137
Clark Contract Administration
Office of Management and Budget
138
Parks Trust and Contribution
Dept. of Natural Resources and Parks
139
Risk Abatement
Office of Management and Budget
145
Parks and Recreation
Dept. of Natural Resources and Parks
164
Two-Tenths Sales Tax Revenue Receiving
Dept. of Transportation
165
Public Transit Self Insurance
Dept. of Transportation
215
Grants tier 1 fund
Dept. of Executive Services
216
Cultural Resource Mitigation Fund
Office of Business Relations & Economic Development
309
Neighborhood Parks and Open Space
Dept. of Executive Services
312
HMC Long Range CIP
Dept. of Executive Services
315
Conservation Futures
Dept. of Natural Resources and Parks
316
Parks, Rec. and Open Space
Dept. of Executive Services
318
Surface and Storm Water Mgmt Const
Dept. of Natural Resources and Parks
320
Public Art Fund
Dept. of Executive Services
322
Housing Opportunity Acquisition
Dept. of Community and Human Services
326
1990 Series B Youth Detention Facility
Dept. of Executive Services
327
Equipment and Building Acquisition
Dept. of Executive Services
329
SWM CIP Construction 1992-1997
Dept. of Natural Resources and Parks
331
Long-Term Leases
Dept. of Executive Services
334
Capital Acqn and County Fac Renovation
Office of Management and Budget
335
Youth Services Facilities Construction
Dept. of Executive Services
338
Airport Construction
Dept. of Transportation
339
Working Forest 1995 B
Dept. of Natural Resources and Parks
340
Parks CIP
Dept. of Natural Resources and Parks
340-3
Urban Reforestation and Habitat Restoration
Dept. of Natural Resources and Parks
341
Arts and Historic Preservation Capital
Dept. of Executive Services
342
Major Maintenance Reserve
Dept. of Executive Services
343
Core GIS Capital Project
Dept. of Natural Resources and Parks
346
Regional Justice Center Construction
Dept. of Executive Services
347
Emergency Communications System
Dept. of Executive Services
349
Parks Facilities Rehabilitation
Dept. of Executive Services
350
Open Space Acquisition
Dept. of Natural Resources and Parks
364-3
Transit Cross-Border Lease Financing Fund
Dept. of Executive Services
369
Transfer of Development Credits Program
(TDC) Fund
Dept. of Natural Resources Parks
377-1
OIRM Capital Fund
Office of Information Resource Management
378
Information and Telecommunications
Capital Improvement Fund
Dept. of Executive Services
381
Solid Waste Cap Equip Recovery
Dept. of Natural Resources and Parks
383
Solid Waste Environmental Reserve
Dept. of Natural Resources and Parks
384
Farmland and Open Space Acquisition
Dept. of Natural Resources and Parks
385
Renton Maintenance Fac. Const
Dept. of Transportation
386
County Road Construction
Dept. of Transportation
387
HMC Construction
Dept. of Executive Services
390
Solid Waste Construction
Dept. of Natural Resources and Parks
391
Landfill Reserve
Dept. of Natural Resources and Parks
394
Kingdome CIP
Dept. of Executive Services
395
Building Capital Improvement
Dept. of Executive Services
396
HMC Building Repair and Replacement
Dept. of Executive Services
404
Solid Waste Operating
Dept. of Natural Resources and Parks
429
Airport Operating
Dept. of Transportation
448
Stadium Management
Dept. of Executive Services
453-1
Institutional Network Operating Fund
Dept. of Executive Services
461
Water Quality
Dept. of Natural Resources and Parks
464
Public Transportation
Dept. of Transportation
542
Safety and Workers' Compensation
Dept. of Executive Services
544
Wastewater Equipment Rental and Revolving Fund
Dept. of Transportation
546
Department of Executive Services Equipment Replacement
Dept. of Executive Services
547
Office of Information Resource Management Operating Fund
Dept. of Executive Services
550
Employee Benefits Program
Dept. of Executive Services
551
Facilities Management
Dept. of Executive Services
552
Insurance
Dept. of Executive Services
557
Public Works Equipment Rental
Dept. of Transportation
558
Motor Pool Equipment Rental
Dept. of Transportation
559
Purchasing Stores
Dept. of Executive Services
560
Printing/Graphic Arts Services
Dept. of Executive Services
603
Cultural Resources Endowment
Dept. of Executive Services
622
Judicial Administration Trust and Agency
Dept. of Judicial Administration
624
School District Impact Fee
Office of Management and Budget
674
Refunded Ltd GO Bond Rdmp.
Dept. of Executive Services
675
Refunded Unltd GO Bond
Dept. of Executive Services
676
H&CD Escrow
Dept. of Executive Services
693
Deferred Compensation
Dept. of Executive Services
694
Employee Charitable Campaign Contributions
Dept. of Executive Services
696
Mitigation Payment System
Dept. of Transportation
843
DMS Limited GO Bonds
Dept. of Executive Services
890
ULID Assessment - 1981
Dept. of Transportation
((694
Employee Charitable Campaign Contributions
Dept. of Executive Services
546
Department of Executive Seervices Equipment Replacement
Dept. of Exective Services))
B.  The following shall also be first tier funds:
        1.  All funds now or hereafter established by ordinance for capital construction through specific road improvement districts, utility local improvement districts or local improvement districts.  The director of the department of transportation shall be the fund manager for transportation-related funds.  The director of the department of natural resources and parks shall be the fund manager for utility-related funds.
        2.  All county funds that receive original proceeds of borrowings made under Chapter 216, Washington Laws of 1982, as now existing or hereafter amended, to the extent of the amounts then outstanding for the borrowings for that fund.  For purposes of this subsection, the director of the county department or office primarily responsible for expenditures from that fund shall be the fund manager.
        3.  Any other fund as the council may hereinafter prescribe by ordinance to be invested for its own benefit.  County funds shall be treated as provided in K.C.C. 4.10.110 unless a designation is made by the council.  
      NEW SECTION.  SECTION 2.
      A.  There is hereby created the cultural resource mitigation fund, which is to be used for all costs associated with mitigating adverse impacts to cultural resources on or offsite, except to the extent that expenditures may be restricted by legally constrained funding sources or binding agreements regarding mitigation for specific projects.  Where not otherwise restricted by the conditions of their establishment, fund mitigation projects shall follow guidelines adopted by the King County landmarks commission consistent with the purposes and conditions entailed in mitigation agreements and in this ordinance and in K.C.C. chapter 20.62.  Moneys designated for cultural resource mitigation from all sources, including but not limited to mitigation required under Section 106 of the National Historic Preservation Act, K.C.C. chapter 20.44, state Environmental Policy Act and other permits, agreements or means, may be deposited into the fund
      B.  The King County historic preservation officer or his designated representative shall be responsible for the administration of the fund including the preparation and issuance of operating procedures deemed necessary to ensure the proper administrative implementation of the policies governing the purpose and use of the fund.  The operating procedures shall be approved by the King County landmarks commission before any expenditure.
      C.  All earnings derived from specific investment of funds accumulated shall be deposited and credited to the existing fund balance if required by the mitigation agreement.