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King County Council meeting minutes King County Council meeting minutes
King County
1200 King County Courthouse
516 Third Avenue
Seattle, WA 98104
Meeting Proceedings
Metropolitan King County Council
Councilmembers: Cynthia Sullivan, Chair; Pete von Reichbauer, Vice Chair;
Carolyn Edmonds, Kathy Lambert, Larry Phillips, Dwight Pelz,
Rob McKenna, Dow Constantine, Kent Pullen, Larry Gossett, Jane Hague,
David W. Irons, Julia Patterson

 
Room 1001 September 23, 2002 1:30 P.M.

 
Call to Order
The meeting was called to order at 1:49 p.m.
 
Roll Call
Present: Ms. Sullivan, Ms. Edmonds, Mr. von Reichbauer, Ms. Lambert, Mr. Phillips, Mr. Pelz, Mr.
McKenna, Mr. Pullen, Mr. Gossett and Mr. Irons
Excused: Mr. Constantine, Ms. Hague and Ms. Patterson
 
Flag Salute and Pledge of Allegiance
Ms. Sullivan led the flag salute and Pledge of Allegiance.
 
Approval of Revised Minutes of September 16, 2002
1.
Mr. von Reichbauer moved to approve the revised minutes of the September 16, 2002 meeting
without reading. Seeing no objection, the Chair so ordered.
 
Reports on Special and Outside Committees
2.
Mr. Irons reported on his attendance at the Greater Seattle Chamber of Commerce luncheon meeting
on September 19, 2002. Bill Neukom, the outgoing chair, reviewed the year and Judith Runstad,
incoming chair, addressed the challenges ahead. Governor Locke addressed the group. The keynote
speaker was Mike McGavick, CEO of Safeco Corp. Mr. Irons indicated that some of the issues Mr.
McGavick spoke about were cutting budget in line with economic recession, leadership in
government and responding more quickly to economic challenges. He reported Mr. McGavick
received a standing ovation. Mr. Irons distributed an article by James Veseley from the Seattle Times
about Mr. McGavick's speech.

Mr. McKenna briefed the Council on the quarterly Board meeting of the Economic Development
Council. He indicated the Council works on protecting jobs in King County and is working on
recruiting new companies and developing new opportunities that will produce jobs for our region.
He noted that the Council is a very effective group. Many companies are stepping up their
commitments to support the Economic Development Council. Mr. McKenna expressed to Executive
Sims, who was present at the Council meeting, the praise from the EDC staff for his personal
involvement in the EDC. He thanked Executive Sims for his leadership.
Mr. Irons also attended the EDC Board meeting and indicated the Board had a presentation on R51
and how the transportation issues would impact the economic development and viability of the
region. He indicated it was a very good discussion with good additional resources provided for
business people.

Mr. Irons briefed the Council on the September 20, 2002 meeting of the Board of Health. The major
issue was the overview of the budget. The Board also discussed environmental health fee proposals
and an update on the West Nile virus. He commented on the Executive's press conference on the
virus and the dedication and steps King County and the Board of Health are taking to keep King
County as safe as possible.

Ms. Edmonds reported on her goodwill visit to Wenatchee to meet with the commissioners of Chelan
County. She was joined by Ms. Sullivan and Mr. Pelz. They discussed issues of mutual concern, and
visited some of Chelan County's major employers. She spoke of Chelan County's issues and
indicated we have to work together as neighboring counties in order to get issues before the
Legislature that will benefit both of us.

Ms. Lambert informed the Council of the Fallen Leaf Run and Walk on Sunday, September 29, 2002
at 8:30 a.m. near the Kirkland Waterfront at Lake Street. The Run and Walk will benefit Sudden
Infant Death Syndrome.

Ms. Lambert read an article from the September 28th Seattle Times acknowledging Mr. Irons' act of
bravery in saving a life during a transportation forum in Kent.


The Chair allowed time for Mr. Carl Mack, Vice President, Seattle Branch of the NAACP,
representing his group in attendance, to make comments to the Council.
 
Special Item
3.
Presentation of County Service Awards
Service Awards were presented by County Executive Ron Sims.

DEPARTMENT OF ADULT AND JUVENILE DETENTION/Administrative Services Division
R. Anita Eakers, 25 years
Steven Thompson, 30 years
Mary Ann Morbley, 20 years - Kent Division
DEPARTMENT OF EXECUTIVE SERVICES/Records, Elections and Licensing Services Division
Karleen Knight, 20 years
Hearing and Second Reading of Ordinances
 
Consent Items - Items 4-8
 
4.
Proposed Substitute Ordinance No.
2002-0321.2		 Ms. Lambert
AN ORDINANCE approving the Sallal Water Association 2001 Comprehensive Water
System Plan.
On 9/23/2002, a public hearing was held and closed.
The enacted number is 14477.
This Matter was Passed on the Consent Agenda.

 
5.
Proposed Ordinance No. 2002-0338 Ms. Lambert
AN ORDINANCE prohibiting the use or operation of any internal combustion engines on
Ames Lake; and adding a new section to K.C.C. chapter 12.44.
On 9/23/2002, a public hearing was held and closed.
The enacted number is 14478.
This Matter was Passed on the Consent Agenda.
 
6.
Proposed Substitute Ordinance No.
2002-0343.2		 Ms. Patterson
AN ORDINANCE relating to the transfer of a portion of Lakehaven Utility District to
Highline Water District for the purpose of providing water service to the area known as
Cashmere Manor Property Transfer.
On 9/9/2002, a public hearing was held and closed.
On 9/23/2002, a public hearing was held and closed.
The enacted number is 14479.
This Matter was Passed on the Consent Agenda.
 
7.
Proposed Substitute Ordinance No.
2002-0344.2		 Ms. Patterson
AN ORDINANCE relating to the transfer of a portion of Lakehaven Utility District to
Highline Water District for the purpose of providing water service to the area known as
Verzani Property Transfer.
On 9/9/2002, a public hearing was held and closed.
On 9/23/2002, a public hearing was held and closed.
The enacted number is 14480.
This Matter was Passed on the Consent Agenda.
 
8.
Proposed Substitute Ordinance No.
2002-0349.2		 Mr. Pelz
AN ORDINANCE relating to public transportation; revising rates of fare; and amending
Ordinance 13480, Section 2, as amended, and K.C.C. 28.94.015
On 9/23/2002, a public hearing was held and closed.
The enacted number is 14481.
This Matter was Passed on the Consent Agenda.
 
Passed The Consent Agenda
A motion was made by Mr. von Reichbauer that the Consent Agenda be passed. The motion
carried by the following vote:
Votes:
Yes: 10 - Ms. Sullivan, Ms. Edmonds, Mr. von Reichbauer, Ms. Lambert, Mr. Phillips, Mr. Pelz, Mr.
McKenna, Mr. Pullen, Mr. Gossett and Mr. Irons
No: 0
Excused: 3 - Mr. Constantine, Ms. Hague and Ms. Patterson

 
Natural Resources, Parks and Open Space
 
9.
Proposed Substitute Ordinance No.
2002-0365.3		 Ms. Edmonds, Mr. Phillips and Ms.
Hague
AN ORDINANCE related to the cultural resources programs of the county; establishing a
cultural development authority; providing for certain county property and funds to be
transferred to or used by the cultural development authority; identifying responsibilities of
county departments and agencies for cultural resources programs; making technical
corrections; amending Ordinance 12089, Section 3, and K.C.C. 2.46.010, Ordinance 12089,
Section 4, and K.C.C. 2.46.020, Ordinance 12089, Section 5, and K.C.C. 2.46.030,
Ordinance 12089, Section 7, and K.C.C. 2.46.050, Ordinance 12089, Section 8, and K.C.C.
2.46.060, Ordinance 12089, Section 11, and K.C.C. 2.46.090, Ordinance 9134, Section 7,
as amended, and K.C.C. 4.40.060, Ordinance 8300, Section 2, as amended, and K.C.C.
2.48.020, Ordinance 8300, Section 3, as amended, and K.C.C. 2.48.030, Ordinance 9279,
Section 4, as amended, and K.C.C. 4.42.030, Ordinance 12076, Section 49, as amended,
and K.C.C. 4.42.100, Ordinance 14440, Section 3, and K.C.C. 4.42.025, Ordinance 14440,
Section 7, and K.C.C. 4.42.108, Ordinance 14440, Section 8, and K.C.C. 4.42.109,
Ordinance 9051, Sections 1 and 2, and K.C.C. 2.48.125, Ordinance 12468, Sections 9 and
10, and K.C.C. 2.84.190, Ordinance 12076, Section 9, as amended, and K.C.C. 4.08.015,
Ordinance 12076, Section 10, as amended, and K.C.C. 4.08.025, Ordinance 14433, Section
2, Ordinance 12076, Section 24, and K.C.C. 4.08.190, Ordinance 14433, Section 2, and
K.C.C. 4.08.195, Ordinance 6231, Section 1, as amended and K.C.C. 4.16.150, Ordinance
12089, Section 9, and K.C.C. 2.46.070, Ordinance 12089, Section 12, and K.C.C. 2.46.100,
Ordinance 6111, Section 8, as amended, and K.C.C. 4.40.110, Ordinance 9134, Section 13,
as amended, and K.C.C. 4.40.120, Ordinance 9134, Section 13, as amended, and K.C.C.
4.40.120, Ordinance 9279, Section 1, as amended, and K.C.C. 4.42.010, Ordinance 9279,
Section 2, as amended, and K.C.C. 4.42.020, Ordinance 9279, Section 8, as amended, and
K.C.C. 4.42.060, Ordinance 4828, Section 1, as amended, and K.C.C. 20.62.010, Ordinance
4828, Section 2, as amended, and K.C.C. 20.62.020, Ordinance 4828, Section 3, as
amended, and K.C.C. 20.62.030, Ordinance 4828, Section 7, as amended, and K.C.C.
20.62.070, Ordinance 4828, Section 12, as amended, and K.C.C. 20.62.120 and Ordinance
9237, Sections 1 through 3, as amended, and K.C.C. 20.62.140, adding a new chapter to
K.C.C. Title 2, adding new sections to K.C.C. chapter 2.46, adding new sections to K.C.C.
chapter 2.48, adding a new section to K.C.C. chapter 4.08, adding new sections to K.C.C.
chapter 4.40, recodifying K.C.C. 4.40.060, 4.42.030, 4.42.060, 4.42.100, 4.42.108,
4.42.109, 2.46.070 and 2.46.100, decodifying K.C.C. 2.46.110, 2.48.140, 4.08.180,
4.40.140, 4.42.120 and. 4.42.130 and repealing Ordinance 12089, Section 6, and K.C.C.
2.46.040, Ordinance 12089, Section 10, and K.C.C. 2.46.080, Ordinance 1991, Section 1,
and K.C.C. 2.48.010, Ordinance 8300, Section 4, as amended, and K.C.C. 2.48.040,
Ordinance 8300, Section 4, as amended, and K.C.C. 2.48.050, Ordinance 8300, Section 4,
and K.C.C. 2.48.060, Ordinance 8300, Section 4, and K.C.C. 2.48.070, Ordinance 8300,
Section 4, and K.C.C. 2.48.080, Ordinance 8300, Section 4, and K.C.C. 2.48.090,
Ordinance 8300, Section 5, as amended, and K.C.C. 2.48.100, Ordinance 8300, Section 6,
as amended, and K.C.C. 2.48.110, Ordinance 8300, Section 7, as amended, and K.C.C.
2.48.120, Ordinance 8300, Section 8, and K.C.C. 2.48.130, Ordinance 12076, Section 47,
as amended, and K.C.C. 4.42.040, Ordinance 9279, Section 6, as amended, and K.C.C.
4.42.050 and Ordinance 9279, Section 9, as amended, and K.C.C. 4.42.070.
On 9/16/2002, a public hearing was held and remained open.
On 9/23/2002, a public hearing was held and closed.
The following people appeared to speak on 9/23/2002 :
Paul Nelson, 14 South Division, Auburn, Wa 98001
Mark Waldstein, 903 Bellevue Place East, #105, Seattle, WA 98102
Pamela Belyea, 5004 6th Avenue NW, Seattle, WA 98107
Denae McGee, 2002 24th Street NW, Auburn, WA 98001

Ellen Sollod, 724 Belmont Place East, Seattle, WA 98112
John Chaney, 4313 278th Avenue SE, Fall City, WA 98024
Stephen Elliott, 11100 NE 6th Street, Bellevue, WA 98004
Shani Taha, PO Box 386-MSS, Inc., LaConner, WA 98257
The enacted number is 14482.

Ms. Edmonds moved Amendment 1. The motion carried by the following vote:
Votes: Yes: 10 - Ms. Sullivan, Mr. von Reichbauer, Ms. Edmonds, Ms. Lambert,
Mr. Phillips, Mr. Pelz, Mr. McKenna, Mr. Pullen and Mr. Gossett
No: 0
Excused: 3 - Mr. Constantine, Ms. Hague and Ms. Patterson

Ms. Edmonds moved Amendment 2. The motion carried by the following vote:
Votes: Yes: 10 - Ms. Sullivan, Mr. von Reichbauer, Ms. Edmonds, Ms. Lambert,
Mr. Phillips, Mr. Pelz, Mr. McKenna, Mr. Pullen, Mr. Irons and Mr. Gossett
No: 0
Excused: 3 - Mr. Constantine, Ms. Hague and Ms. Patterson

Ms. Edmonds moved Amendment 3. The motion carried by the following vote:
Votes: Yes: 10 - Ms. Sullivan, Mr. von Reichbauer, Ms. Edmonds, Ms. Lambert,
Mr. Phillips, Mr. Pelz, Mr. McKenna, Mr. Pullen, Mr. Irons and Mr. Gossett
No: 0
Excused: 3 - Mr. Constantine, Ms. Hague and Ms. Patterson

Ms. Edmonds moved Amendment 4. The motion carried by the following vote:
Votes: Yes: 10 - Ms. Sullivan, Mr. von Reichbauer, Ms. Edmonds, Ms. Lambert,
Mr. Phillips, Mr. Pelz, Mr. McKenna, Mr. Pullen, Mr. Irons and Mr. Gossett
No: 0
Excused: 3 - Mr. Constantine, Ms. Hague and Ms. Patterson

Mr. Phillips moved Amendment 5. The motion carried by the following vote:
Votes: Yes: 10 - Ms. Sullivan, Mr. von Reichbauer, Ms. Edmonds, Ms. Lambert,
Mr. Phillips, Mr. Pelz, Mr. McKenna, Mr. Pullen, Mr. Irons and Mr. Gossett
No: 0
Excused: 3 - Mr. Constantine, Ms. Hague and Ms. Patterson

Ms. Lambert moved Amendment 6.
Mr. Pullen offered a friendly amendment to Amendment 6, on line 3, after 'the' to insert 'full',
deleting the remaining text after the word 'council'.
Monica Clarke, council staff, answered questions of the Council.
Ms. Lambert acceped the friendly amendment.
Mr. Pelz questioned whether Mr. Pullen's friendly amendment was before the Council and asked Mr.
Pullen to withdraw it.
Ms. Lambert offered the original Amendment 6, as written. The motion carried by the following
vote:
Votes: Yes: 10 - Ms. Sullivan, Mr. von Reichbauer, Ms. Edmonds, Ms. Lambert,
Mr. Phillips, Mr. Pelz, Mr. McKenna, Mr. Pullen, Mr. Irons and Mr. Gossett
No: 0
Excused: 3 - Mr. Constantine, Ms. Hague and Ms. Patterson

Ms. Lambert moved Amendment 7.
Sally Tenney, Chief Deputy, Civil Division, Office of the Prosecuting Attorney, answered questions of
the Council.

During the discussion, the following colloquoy took place:

Councilmember Pullen: Question for Sally Tenney or other legal counsel. Again this is an
amendment I am inclined to support for philosophical grounds, but I know that language like this
can sometimes have unintended effects in the courts, and when I read language like "the county
strongly supports these projects and encourages the Cultural Development Authority of King County

to recognize and assist these organizations to meet their fmancial goals through all avenues", that's
pretty strong language. Could adopting this amendment give someone some sort onegal cause of
action to challenge the budget if indeed they feel that insufficient monies are going to indicated
programs on the basis that the clear intent was that these programs being singled out as having
special priority?
ST: My reading of it, Councilmember Pullen, is many of the cultural programs already in place are
being recognized by you and the new CDA. To say these are organizations not exclusively, but these
are organizations that we are going to continuing to work with. There is a limiting factor here and
that it says in the process of constructing regional, cultural facilities we are seeking capital
contributions in 2003. So I would envision that this amendment says we are going to continue to
work with you, it's not exclusive but we're suggesting that whatever is in the works, whatever is in the
pipeline we are going to continue to support.
KP: Okay, as long as you're not worried, but I read the last sentence of that paragraph more
broadly. I read the last sentence as applicable to an ongoing situation in the future as well and that
the 2003 reference is just giving a little history to lead up to the final sentence.
ST: Right. I don't see that [interpretation] in that language. I mean, you know this is just from a
quick opinion. In were looking at it to say there is no commitment here you're not, you as a
councilmember, are not saying that all of these projects are going to be funded in any way either in
the future or at any dollar level.
KP: Okay, thank you.

Ms. Lambert's motion carried by the following vote:
Votes: Yes: 10 - Ms. Sullivan, Mr. von Reichbauer, Ms. Edmonds, Ms. Lambert,
Mr. Phillips, Mr. Pelz, Mr. McKenna, Mr. Pullen, Mr. Irons and Mr. Gossett
No: 0
Excused: 3 - Mr. Constantine, Ms. Hague and Ms. Patterson

Ms. Edmonds moved Amendment 8.
Mr. Pullen offered a friendly amendment to Amendment 8, on line 11 afer 'through' and before
'private', to delete "all avenues including". Ms. Edmonds accepted as friendly.
Ms. Edmonds' motion to pass Amendment 8, as amended, carried by the following vote:
Votes: Yes: 9 - Ms. Sullivan, Mr. von Reichbauer, Ms. Edmonds, Ms. Lambert,
Mr. Phillips, Mr. Irons, Mr. McKenna, Mr. Pullen and Mr. Gossett
No: 0
Excused: 4 - Mr. Constantine, Ms. Hague, Mr. Pelz and Ms. Patterson

Ms. Lambert moved Amendment 9. The motion carried by the following vote:
Votes: Yes: 9 - Ms. Sullivan, Mr. von Reichbauer, Ms. Edmonds, Ms. Lambert,
Mr. Phillips, Mr. Irons, Mr. McKenna, Mr. Pullen and Mr. Gossett
No: 0
Excused: 4 - Mr. Constantine, Ms. Hague, Mr. Pelz and Ms. Patterson

Ms. Edmonds moved Title Amendment 1. The motion carried by the following vote:
Votes: Yes: 9 - Ms. Sullivan, Mr. von Reichbauer, Ms. Edmonds, Ms. Lambert,
Mr. Phillips, Mr. Irons, Mr. McKenna, Mr. Pullen and Mr. Gossett
No: 0
Excused:4 - Mr. Constantine, Ms. Hague, Mr. Pelz and Ms. Patterson
A motion was made by Ms. Edmonds that this matter be Passed as Amended. The motion
carried by the following vote:
Votes:
Yes: 9 - Ms. Sullivan, Ms. Edmonds, Mr. von Reichbauer, Ms. Lambert, Mr. Phillips, Mr. McKenna,
Mr. Pullen, Mr. Gossett and Mr. Irons
No: 0
Excused: 4 - Mr. Pelz, Mr. Constantine, Ms. Hague and Ms. Patterson
Motions for Council Action
 
Consent Item - Item 10
 
10.
Proposed Motion No. 2002-0402 Ms. Lambert

A MOTION authorizing the county executive to enter into an interlocal agreement to
construct improvements to the intersection of State Route 202 and NE 124th Street with the
city of Redmond.
The enacted number is 11540.
A motion was made by Mr. von Reichbauer that this matter be Passed. The motion carried by
the following vote:
Votes:
Yes: 8 - Ms. Sullivan, Ms. Edmonds, Mr. von Reichbauer, Ms. Lambert, Mr. McKenna, Mr. Pullen,
Mr. Gossett and Mr. Irons
No: 0
Excused: 5 - Mr. Phillips, Mr. Pelz, Mr. Constantine, Ms. Hague and Ms. Patterson
 
Regional Transit
 
11.
Proposed Substitute Motion No.
2002-0442.2		 Mr. McKenna
A MOTION approving the 2002-2003 mission and goals of the transit division of the
department of transportation.
The Chair indicated that Proposed Substitute Motion 2002-0442 will be held until the September 30,
2002 Council meeting.
Deferred
 
Transportation
 
12.
Proposed Motion No. 2002-0444 Mr. Pelz
A MOTION approving the Transit Division Vehicle Maintenance Section Non-Revenue
Vehicle (NRV) Program Plan.
The Chair indicated that Proposed Motion 2002-0444 will be held until the September 30, 2002
Council meeting.
Deferred

Employment Committee Consent Agenda - Item 13
13. Hire a Part Time Term-Limited Temporary Principal Management Auditor
A motion was made by Mr. von Reichbauer that this matter be passed. The motion carried by the
following vote:
Votes: Yes: 8 - Ms. Sullivan, Mr. von Reichbauer, Ms. Edmonds, Ms. Lambert,
Mr. McKenna, Mr. Pullen, Mr. Gossett and Mr. Irons
No: 0
Excused: 5 - Mr. Constantine, Mr. Pelz, Ms. Hague, Ms. Patterson
and Mr. Phillips
Introduction of Ordinances for First Reading and Referral
 
14.
Proposed Ordinance No. 2002-0439 Ms. Patterson
AN ORDINANCE approving the City of Tacoma Comprehensive Water Plan Update.
Introduced and Referred to Utilities Committee
 
15.
Proposed Ordinance No. 2002-0457 Mr. Constantine and Mr. Pullen
AN ORDINANCE approving and adopting the collective bargaining agreement negotiated
by and between King County and International Federation of Professional & Technical
Engineers, Local 17 (professional and technical, interest arbitration - department of
transportation, Metro transit division) representing employees in the department of
transportation; and establishing the effective date of said agreement.
Introduced and Referred to Labor, Operations and Technology
Introduction of Motions and Referrals
 
16.
Proposed Motion No. 2002-0390 Ms. Lambert
A MOTION confirming the executive's appointment of Lisa Yeager, who resides in council
district three, to the Seattle-King County advisory council on aging and disability services.
Introduced and Referred to Law, Justice and Human Services Committee
Other Business
Adjournment
The meeting was adjourned at 3:23 p.m.

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