File #: 2023-0053    Version:
Type: Ordinance Status: Passed
File created: 2/7/2023 In control: Government Accountability and Oversight Committee
On agenda: Final action: 12/5/2023
Enactment date: 12/18/2023 Enactment #: 19713
Title: AN ORDINANCE related to the King County International Airport/Boeing Field roundtable; amending Ordinance 12785, Section 1, as amended, and K.C.C. 15.94.010 and Ordinance 12785, Section 3, as amended, and K.C.C. 15.94.030 and Ordinance 12785, Section 5, as amended, and K.C.C. 15.94.050, and adding a new section to K.C.C. 15.08.
Sponsors: Joe McDermott, Girmay Zahilay
Indexes: Airport, Boeing, environment, Health
Attachments: 1. Ordinance 19713, 2. 2023-0053_RevisedSR_KCIALegislation 11.27.23, 3. 2023-0053_S2_StrikingAmendment_KCIALegislation FINAL barmc, 4. 2023-0053_T2_TitleAmendment_FINAL, 5. 2023-0053_AMD1toS2_Upthegrove bar, 6. 2023-0053_AMD1toS2_UpthegroveV2 bar UPDATED, 7. 2023-0053_SR_KCIALegislation 11.27.23, 8. 2023-0053_AMD1toS2_UpthegroveV2 bar, 9. 2023-0053 ATT1 Proposed Ordinance, 10. 2023-0053_ATT2_AMD S1 KCIA Legislation, 11. 2023-0053_ATT3_AMD T1 KCIA Legislation, 12. 2023-0053_SR_KCIALegislation 7-11-23, 13. 2023-0053_SR_KCIALegislation 9.12.23
Staff: Paribello, Brandi

Drafter

Clerk 11/27/2023

Title

AN ORDINANCE related to the King County International Airport/Boeing Field roundtable; amending Ordinance 12785, Section 1, as amended, and K.C.C. 15.94.010 and Ordinance 12785, Section 3, as amended, and K.C.C. 15.94.030 and Ordinance 12785, Section 5, as amended, and K.C.C. 15.94.050, and adding a new section to K.C.C. 15.08.

Body

PREAMBLE:

King County International Airport ("the airport") was established when voters approved its initial funding in 1928.

The airport sits within the Duwamish valley and runs parallel to the Duwamish river.  It is located mostly within the city of Seattle with the northern boundary just south of Seattle's Georgetown neighborhood and the airport's southern tip extending into the city of Tukwila.

The majority of residents in communities adjacent to the airport are people of color and people with low incomes.  Of the 5,600 residents who live in South Park and Georgetown, 70 percent are people of color, 42 percent are foreign-born and 71 percent have an income 200 percent below the federal poverty line.

There are 12 playgrounds and playfields, 21 parks, 31 schools and 61 places of worship within two miles of the airport.

The 2013 Cumulative Health Impacts Analysis published by Just Health Action and the Duwamish River Cleanup Coalition/Technical Advisory Group characterizes the disproportionate exposure to air pollution, lack of greenspace, and high poverty rates contributing to life expectancy in South Park and Georgetown that is 13 years lower than wealthier communities in Seattle.

Residents of communities affected by the airport operations and business interests dependent on the airport have repeatedly expressed concerns about airport noise and environmental health impacts.

King County is committed to creating economic opportunity for all, stewarding our environment responsibly, partnering with communities, centering equity and social justice and being transparent and accountable.

King County has historic involvement in the Duwamish valley through the superfund cleanup and remediation as part of the Lower Duwamish Waterway Group along with the city of Seattle, Port of Seattle, and Boeing.  The Lower Duwamish Waterway Group has collectively invested approximately 50,000,000 dollars in investigating contamination in the lower Duwamish waterway, developed approaches for cleanup of the waterway, and means to prevent recontamination through source control.

On October 20, 2010, Ordinance 16948, also referred to as the "Equity and Social Justice Ordinance," was enacted, establishing equity and social justice from an initiative to an integrated effort that intentionally applies the countywide strategic plan's principle of "fair and just" in all the county does in order to achieve equitable opportunities for all people and communities.

On July 24, 2020, with Motion 15655, the King County council declared racism a public health crisis and affirmed its commitment to maintain and incorporate into its work a public health approach to addressing institutional and systemic racism across King County government, and to rectify historic and current day trauma and disproportionality.  The council also recognized that eliminating racist policies and practices and the conditions that result in disparate access to resources and opportunities based on race requires engaging and being responsive to communities and residents impacted by racism, especially Black and Indigenous communities, as partners in identifying and implementing antiracist solutions, policies, and practices.  The council committed to using its authority to enact antiracist policies and practices that will meet human needs, promote healthy and strong communities, reduce structural inequities and advance equity and justice by eliminating policies and practices designed to oppress marginalized people.

On May 4, 2021, with Motion 15866, the King County council recognized that the impacts of a changing climate do not affect all King County residents in the same way.  Climate change is a threat multiplier and its impacts can magnify existing health issues and limited access to resources that are already experienced disproportionally by Black, Indigenous and People of Color.

Consistent with its equity and social justice strategic plan and commitment to environmental justice called for in Ordinance 19041, King County is committed to strengthening engagement with communities facing the greatest impacts from climate change and create opportunities for shared leadership and decision-making to develop solutions and prioritize investments.  The airport served as Seattle's passenger airport until it was condemned by the United States in 1941 and dedicated to aircraft production during World War II.  The United States transferred the airport back to the county in 1948 through an Instrument of Transfer, which contained certain obligations and restrictions regarding the use of the airport real property.

The airport is one of the nation's busiest primary nonhub airports.  The airport averages 180,000 takeoffs and landings each year, with an economic impact of over 5,000,000,000 dollars in our regional economy through labor income, business revenues and value added to the gross state and regional product.

As the sponsoring agency for the airport, the county has sought grant funding from the Federal Aviation Administration for, among other things, capital projects and planning.  In consideration of the receipt of federal grant funding, the county assumed certain contractual obligations known as grant assurances.  The grant assurances require the county to adhere to federal regulations, administered by the Federal Aviation Administration, in operating the airport.  Those regulations include restrictions on the use of airport revenue.

The King County council believes it is imperative to understand the role that the airport plays in the region and how airport operations impact airport-adjacent communities.  The county council is committed to working with airport-adjacent communities to address these impacts.

                     BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:

                     NEW SECTION.  SECTION 1.  There is hereby added to K.C.C. chapter 15.08 a new section to read as follows:

                     "Federal obligations" means federal statutes and regulations pertaining to the ownership and operation of the airport, grant agreements between the county and the Federal Aviation Administration, including, but not limited to, the Airport Improvement Program as authorized by the Airport and Airway Improvement Act of 1982, as amended, codified as 49 U.S.C.Sec. 47101 et seq, as amended, and the terms, conditions, reservations, and restrictions prescribed in the Instrument of Transfer, dated May 26, 1948, between the United States of America and King County, as authorized by the Surplus Property Act of 1944 (58 Stat.765), codified as 49 U.S.C. Secs. 47151-47153, as amended.

                     SECTION 2.  Ordinance 12785, Section 1, as amended, and K.C.C. 15.94.010 are hereby amended to read as follows:

                     The King County Airport roundtable ((()), which, for the purposes of this chapter, is also known as "the roundtable"(())), is hereby established.  It shall be comprised of ((sixteen)) eighteen regular voting members representing the following interests:  ((eight)) ten representatives of communities directly affected by the airport, including one each from Georgetown, Magnolia or North Seattle, Tukwila, Renton/Kent/South King County, ((Beacon Hill/Rainier Valley)) Beacon Hill, Rainier Valley, West Seattle, unincorporated King County, South Park, and one at-large; four airport tenant representatives, one each from a cargo operator or scheduled air carrier, small general aviation and corporate tenants, and one from Boeing; one representative from a pilots' association; one representative from a commercial enterprise ((which)) that is an off-site user or an off-site provider of airport-related services; and two labor representatives.  In addition, the Federal Aviation Administration may designate one ex officio nonvoting member.

                     SECTION 3.  Ordinance 12785, Section 3, as amended, and K.C.C. 15.94.030 are hereby amended to read as follows:

                     A.  Except for the five members representing Georgetown, Tukwila, Beacon Hill, Rainier Valley, and South Park, ((R))regular members, as defined in K.C.C. 15.94.010, shall be appointed by the county executive subject to confirmation by the county council by motion.  The executive may appoint nonvoting ex officio members who shall serve at the executive's discretion.

                     B.  The five members representing Georgetown, Tukwila, Beacon Hill, Rainier Valley, and South Park shall be nominated for appointment by the executive in consultation with the elected representative or representatives of the community's respective county council district or districts and approved by motion of the county council and may be reappointed by the executive in consultation with the elected representative or representatives of the community's respective county council district or districts to serve up to two full consecutive terms, subject to confirmation by the council by motion.

                     C.  Except as otherwise provided in subsection ((C.)) B. of this section, members may be reappointed by the executive to serve up to two full consecutive terms, subject to confirmation by the council by motion.

                     ((C.)) D.  Representatives of Boeing and labor are exempt from term limits.

                     ((D.)) E.  Members shall serve a term of three years or until their successor is appointed and confirmed as provided in this chapter.  The terms of office shall be staggered consistent with K.C.C. chapter 2.28.

                     ((E.)) F.  A vacancy shall be filled for the remainder of the term of the vacant position in the manner described in the initial appointment.

                     ((F.)) G.  A majority of the committee shall elect one of its members as chair.  The term of the chair shall be for one year and the chair shall not serve more than two consecutive terms as chair.

                     SECTION 4.  Ordinance 12785, Section 5, as amended, and K.C.C. 15.94.050 are hereby amended to read as follows:

                     ((Members of the roundtable shall serve without compensation)) In accordance with K.C.C. 2.28.006, members of the roundtable who are neither employees of King County nor employees of other municipal governments may receive per diem compensation.  The purpose is to compensate community members for contributing their

experience and expertise to the roundtable.  Payment of compensation shall comply with federal obligations.