King County

1200 King County Courthouse
516 Third Avenue
Seattle, WA 98104

Meeting Proceedings

Metropolitan King County Council

Councilmembers: Larry Phillips, Chair; Pete von Reichbauer, Vice Chair;
Carolyn Edmonds, Bob Ferguson, Kathy Lambert, Dwight Pelz,
Rob McKenna, Dow Constantine, Steve Hammond, Larry Gossett,
Jane Hague, David W. Irons, Julia Patterson

Room 1001

January 12, 2004

1:30 P.M.

Call to Order

The meeting was called to order at 1:43 p.m.

Roll Call

Present: Mr. Phillips, Ms. Edmonds, Mr. von Reichbauer, Ms. Lambert, Mr. Pelz, Mr. McKenna, Mr.
Ferguson, Mr. Hammond, Mr. Gossett, Ms. Hague, Mr. Irons, Ms. Patterson and Mr. Constantine

Flag Salute and Pledge of Allegiance

Mr. Gossett led the flag salute and Pledge of Allegiance.

Approval of Minutes of January 5, 2004

1.

Mr. von Reichbauer moved to approve the minutes of the January 5, 2004 meeting as presented.
Seeing no objection, the Chair so ordered.

Swearing In

2.

Councilmember Dow Constantine, District 8

Councilmember Dow Constantine was sworn in by King County Superior Court Judge Steven
Gonzalez. Mr. Constantine thanked Judge Gonzalez and made comments.

Special Item

3.

Presentation of a Proclamation proclaiming the month of January as Dr. Martin Luther King, Jr.
month in King County

The Chair, Ms. Lambert and Mr. Gossett shared the podium to read a proclamation proclaiming the
month of January as Dr. Martin Luther King, Jr. month in King County. Ms. Lambert made
comments.

Ms. Patterson shared the following quote by Dr. Martin Luther King, Jr.:
"The ultimate weakness of violence is that it is a descending spiral, begetting the very thing it seeks
to destroy. Instead of diminishing evil, it multiplies it...Through violence you may murder the hater,
but you do not murder hate. In fact, violence merely increases hate...Returning violence for violence
multiplies violence, adding deeper darkness to a night already devoid of stars. Darkness cannot
drive out hate; only love can do that."

Reports on Special and Outside Committees

4.

Mr. Irons reported on the Economic Development Council. The Council's annual report was given,
covering local, national, regional and international issues. Mr. Irons indicated the vision for our
region and the nation for 2004 is a stronger rebound.

Mr. Irons briefed the Council on the Eastside Transportation Partnership. The Partnership has
reorganized. Fred Butler remains Chair and Grant Degginger Vice Chair. At its recent meeting, the
ETP discussed the RTID, public survey and Sound Transit.

Committee of the Whole

5.

Proposed Substitute Motion No.
2003-0536.2

Ms. Edmonds

A MOTION establishing the 2004 state legislative agenda for King County.

The enacted number is 11856.

Ms. Patterson moved Amendment 1.

Suzanne Dale Estey, Government Relations Liaison, Office of the Executive, answered quesions of
the Council.
Mr. McKenna moved to amend Amendment 1, on line 14, after 'including', to insert "all forms of".
Ms. Patterson accepted the amendment as friendly, but amended the amendment; on line 14, after
'including', to insert "other forms of". The motion carried by the following vote:
Votes: Yes: 13 - Mr. Phillips, Mr. von Reichbauer, Ms. Edmonds,
Mr. Ferguson, Ms. Lambert, Mr. Pelz, Mr. McKenna, Mr. Constantine,
Mr. Hammond, Mr. Gossett, Ms. Hague, Mr. Irons and Ms. Patterson
No: 0
Excused: 0

A motion was made by Mr. von Reichbauer that this matter be Passed as Amended. The
motion carried by the following vote:

Votes:

Yes: 10 - Mr. Phillips, Ms. Edmonds, Mr. von Reichbauer, Ms. Lambert, Mr. Pelz, Mr. Ferguson, Mr.
Gossett, Ms. Hague, Ms. Patterson and Mr. Constantine
No: 3 - Mr. McKenna, Mr. Hammond and Mr. Irons
Excused: 0

Employment Committee Consent Agenda -- Items 6 - 10

6.

A. Hire a Temporary Hearing Examiner

A motion was made by Mr. von Reichbauer that this matter be passed. The motion carried by the
following vote:
Votes: Yes: 12 - Mr. Phillips, Mr. von Reichbauer, Ms. Edmonds,
Mr. Ferguson, Ms. Lambert, Mr. Pelz, Mr. McKenna, Mr. Constantine,
Mr. Hammond, Ms. Hague, Mr. Irons and Ms. Patterson
No: 0
Excused: 1 - Mr. Gossett

7.

B. Hire a Temporary Hearing Examiner

A motion was made by Mr. von Reichbauer that this matter be passed. The motion carried by the
following vote:
Votes: Yes: 12 - Mr. Phillips, Mr. von Reichbauer, Ms. Edmonds,
Mr. Ferguson, Ms. Lambert, Mr. Pelz, Mr. McKenna, Mr. Constantine,
Mr. Hammond, Ms. Hague, Mr. Irons and Ms. Patterson
No: 0
Excused: 1 - Mr. Gossett

8.

Eliminate the Office Manager Position in the Hearing Examiner's Office

A motion was made by Mr. von Reichbauer that this matter be passed. The motion carried by the
following vote:
Votes: Yes: 12 - Mr. Phillips, Mr. von Reichbauer, Ms. Edmonds,
Mr. Ferguson, Ms. Lambert, Mr. Pelz, Mr. McKenna, Mr. Constantine,
Mr. Hammond, Ms. Hague, Mr. Irons and Ms. Patterson
No: 0
Excused: 1 - Mr. Gossett

9.

A. Reassignment of Pay Range for a Legislative Secretary in the Hearing Examiner's Office

A motion was made by Mr. von Reichbauer that this matter be passed. The motion carried by the
following vote:
Votes: Yes: 12 - Mr. Phillips, Mr. von Reichbauer, Ms. Edmonds,
Mr. Ferguson, Ms. Lambert, Mr. Pelz, Mr. McKenna, Mr. Constantine,
Mr. Hammond, Ms. Hague, Mr. Irons and Ms. Patterson
No: 0
Excused: 1 - Mr. Gossett

10.

B. Reassignment of Pay Range for a Legislative Secretary in the Hearing Examiner's Office

A motion was made by Mr. von Reichbauer that this matter be passed. The motion carried by the
following vote:
Votes: Yes: 12 - Mr. Phillips, Mr. von Reichbauer, Ms. Edmonds,
Mr. Ferguson, Ms. Lambert, Mr. Pelz, Mr. McKenna, Mr. Constantine,
Mr. Hammond, Ms. Hague, Mr. Irons and Ms. Patterson
No: 0
Excused: 1 - Mr. Gossett

Introduction and Action on Motion

11.

Proposed Motion No. 2004-0018

Mr. Phillips

A MOTION relating to the organization of the council; and amending Motion 10651,
Section III, as amended, and OR 1-020, Motion 10651, Section IV, and OR 1-030, Motion
11105 (part), as amended, and OR 1-040, Motion 11122, Section B, as amended, and OR
2-010, Motion 11122, Section D, as amended, and OR 2-020, Motion 11122, Section G, as
amended, and OR 2-030, Motion 11122, Section G, as amended, and OR 2-040, Motion
11122, Section H, as amended, and OR 2-050 and Motion 11122, Section I, as amended,
and OR 2-060.

The Chair indicated that Proposed Motion 2004-0018 is deferred until the Tuesday, January 20,
2004 Council meeting.

Deferred

Introduction of Ordinances for First Reading and Referral

12.

Proposed Ordinance No. 2004-0003

Mr. Phillips

AN ORDINANCE authorizing a rezone on certain property located south of SE 136th St.,
between 160th Ave SE and 162nd Ave SE, at the request of Wayne Jones, Lakeridge
Development, department of development and environmental services file no. L03TY401.

Introduced and Referred to Hearing Examiner

13.

Proposed Ordinance No. 2004-0004

Mr. Phillips

AN ORDINANCE authorizing a rezone on certain property located north of SE 136th
Street and between 158th Ave SE and 160th Ave SE, at the request of Wayne Jones,
Lakeridge Development, department of development and environmental services file no.
L03TY403.

Introduced and Referred to Hearing Examiner

14.

Proposed Ordinance No. 2004-0005

Mr. Phillips

AN ORDINANCE authorizing a subdivision on certain property located south of SE 136th
St., between 160th Ave SE and 162nd Ave SE, at the request of Wayne Jones, Lakeridge
Development, department of development and environmental services file no. L03P0005.

Introduced and Referred to Hearing Examiner

15.

Proposed Ordinance No. 2004-0006

Mr. Phillips

AN ORDINANCE authorizing a subdivision on certain property located north of SE 136th
Street and between 158th Ave SE and 160th Ave SE, at the request of Wayne Jones,
Lakeridge Development, department of development and environmental services file no.
L03P0006.

Introduced and Referred to Hearing Examiner

16.

Proposed Ordinance No. 2004-0011

Mr. Phillips

AN ORDINANCE authorizing a subdivision on certain property located north of SE 45th
Place and west of 160th Avenue SE, Jim Merritt/Merritt Development LLC for Ed Short,
department of development and environmental services file no. L03P0009.

Introduced and Referred to Hearing Examiner

17.

Proposed Ordinance No. 2004-0013

Mr. Phillips

AN ORDINANCE authorizing a subdivision on certain property located west of 160th Ave
SE, south of SE 138th St (if extended) at 13815 160th Ave SE, Howard Stansbury, US
Land Development Assoc agent for Mark & Barbara Nichols, department of development
and environmental services file no. L03P0015.

Introduced and Referred to Hearing Examiner

18.

Proposed Ordinance No. 2004-0017

Mr. Phillips

AN ORDINANCE making a supplemental appropriation of $1,500,000 to the safety and
workers compensation fund from undesignated fund balance to meet unanticipated needs
associated with industrial insurance claims costs and labor and industry charges; and
amending the 2003 Budget Ordinance, Ordinance 14517, Section 102, as amended.

Introduced and Referred to Budget and Fiscal Management Committee

Introduction of Motions and Referrals

19.

Proposed Motion No. 2004-0014

Mr. Phillips

A MOTION concerning untimely filed petition for tax refund and authorizing treasury
operations to make refund.

Introduced and Referred to Budget and Fiscal Management Committee

Reintroductions of Motions

20.

Proposed Motion No. 2003-0461

Mr. Pelz

A MOTION confirming the executive's appointment of Susan Weeks, Ph.D., who resides in
council district five, to the King County women's advisory board.

Reintroduced and Referred to Law, Justice and Human Services Committee

Other Business

Question of Override of Veto

21.

Proposed Substitute Ordinance No.
2003-0462.4

Mr. Phillips

AN ORDINANCE adopting the 2004 Annual Budget and making appropriations for the
operation of county agencies and departments and capital improvements for the fiscal year
beginning January 1, 2004, and ending December 31, 2004.

On 11/10/2003, a public hearing was held and remained open.
On 11/24/2003, a public hearing was held and closed.
On 1/12/2004, a public hearing was held and closed.

The following people appeared to speak on 1/12/2004 :

Raymond Schlienz, 12031 NE 67th St., Kirkland, WA 98033
Patricia Schlienz, 12031 NE 67th St., Kirkland, WA 98033

Ms. Hague moved to override the Executive's veto of two provisos in Ordinance 14797 regarding the
Houghton Transfer station, and to consider them separately.

The Chair requested the Clerk to confirm the intent of Ms. Hague's motion. The Clerk indicated that
Ms. Hague moved to override two provisos of the three that were vetoed and would like the votes to
be taken separately. The first proviso pertains to Section 95, page 49, lines 1101-1110 and the
second proviso pertains to Section 122, pages 68-69, line 1535-1556. A roll call vote should be
taken separately on each item and the motion requires nine votes to override.

Kurt Triplett, Chief of Staff, Office of the Executive, answered questions of the Council.
Pam Bissonnette, Director, Department of Natural Resources and Parks, answered questions of the
Council.
Jim Brewer, Legal Counsel, answered questions of the Council.

The Chair recessed the meeting at 2:46 p.m.
The Chair reconvened the meeting at 2:59 p.m.

Ms. Hague's motion to override Section 95, page 49, lines 1101-1110, failed by the following vote:
Votes: Yes: 6 - Mr. Phillips, Ms. Lambert, Mr. Constantine, Mr. Hammond,
Ms. Hague and Mr. Irons
No: 7 - Ms. Edmonds, Mr. Ferguson, Mr. Gossett, Mr. McKenna,
Ms. Patterson, Mr. Pelz and Mr. von Reichbauer
Excused: 0

Ms. Hague's motion to override Section 122, pages 68-69, lines 1535-1556, failed by the following
vote:
Votes: Yes: 6 - Mr. Phillips, Ms. Lambert, Mr. Constantine, Mr. Hammond,
Ms. Hague and Mr. Irons
No: 7 - Ms. Edmonds, Mr. Ferguson, Mr. Gossett, Mr. McKenna,
Ms. Patterson, Mr. Pelz and Mr. von Reichbauer
Excused: 0

Extra Items

22.

Proposed Ordinance No. 2004-0019

Mr. Constantine

AN ORDINANCE eliminating the date for transmittal of appointments of members to the
King County citizens' elections oversight committee; and amending Ordinance 14711,
Section 2, as amended.

Introduced and Referred to Committee of the Whole

23.

Proposed Motion No. 2004-0020

Ms. Hague and Ms. Lambert

A MOTION confirming the executive's appointment of Monica Tracey, who is a King
County Republican Party member residing in council district 10, to the King County
citizens' elections oversight committee.

Introduced and Referred to Committee of the Whole

Adjournment

The meeting was adjourned at 3:13 p.m.