Council MIN 09-06-2011 SpecialCITY OF
Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
SPECIAL MEETING
Council Chambers - City Hali
September 6, 2011
5:30 p.m.
www. cityoffederalway. com
1. CALL MEETING TO ORDER
Mayor Priest called the meeting to order at 5:35 p.m.
Elected officials present: Mayor Skip Priest, Deputy Mayor Dini Duclos, Councilmember Jim
Ferrell, Councilmember Linda Kochmar, Councilmember Mike Park, Councilmember
Jeanne Burbidge, Councilmember Jack Dovey and Councilmember Roger Freeman.
City staff present: City Attomey Pat Richardson and City Clerk Carol McNeilly.
2. TIMEFRAME FOR COLLECTING SIGNATURES OF INITIATIVES
City Attomey Pat Richardson outlined the process for signed initiative petitions. First,
proposed language is submitted to the City Clerk, which the City Attomey reviews and if
appropriate, provides language for the petition. Once the language is provided to the citizen,
the time for collecting signatures begins. The citizen prints the petitions, gathers signatures and
submits the signed petitions to the City Clerk within 90 days. The number of valid signatures
required is addressed in RCW 35A.11.100. The number of registered voters needed to sign a
petition for initiative or referendum shall be 15% of the total number of individual names listed
as registered voters within the City on the last day of the last preceding city general election.
Ms. Richardson stated that according to King County elections there were 40,294 registered
voters in 2009. Fifteen percent of that number is 6,045.
Ms. Richardson reviewed State Law requirements relating to initiative and referendum petitions.
Initiative and referendum petitions authorized under RCW 35.17 shall be in be in compliance
with RCW 35A.01.040 as to the form and content of the petition. Except when otherwise
provided by statute, referendum petitions must be filed with the clerk of the legislative body of
the code-city within 90-days after the passage of the resolution or ordinance being referred to
the voters, or within lesser number of days as may be authorized by statue or charter in order to
precede the effective date of an ordinance, provide that nothing herein shall be construed to
abrogate or affect an exemption from initiative and/or referendum provided by a code city
charter. The Federal Way Revised Code (FWRC) follows State Law that signed petitions for
both initiatives and referendums must be submitted within 90 days.
The 180 day or 6-month timeframe that has been referenced in previous discussions applies to
state law, it relates to the determination of whether the signatures on the petition are valid. The
county determines if there is a sufficient number of valid signatures on the petition. RCW
35A.01.040 states signatures followed by a date of signing which is more than six-months prior
City Council Minutes — September 6, 2011 Special Meeting Page I of 3
to the date of filing the petition shall be stricken. The 180-day timeframe is only used by King
County to validate signatures on petitions.
Out of 180 Code Cities, 43 have empowered the citizen's initiative and referendum powers.
Nls. Richardson reviewed the initiative/referendum time frames for sur�ounding jurisdictions.
Three options were presented for this item; 1) to maintain the 90-day deadline, 2) specify the
number of days, reference state law (i.e. no deadline), 3) or use the county election calendar to
determine timeline (i.e. 60 days before). The recommendation is establish a filing period for
citizen initiatives, similar for state-wide initiatives - that would time the submission of citizen
initiatives to correspond with the November elections. This option is being recommended due
to the higher participation levels in the general election and to potentially eliminate the added
special election cost estimated at $100,000 or more. Ms. Richardson reviewed an example
filing period for citizen initiatives with 120 days to collect signatures.
3. TERM LIMITS FOR CITY COUNCILMEMBERS AND MAYOR
City Attorney Pat Richardson stated that Municipal Research indicated that out of 180 Code
cities, three cities have term limits (Edgewood, Port Angeles and Puyallup). All three cities
operate under the Council-Manager form of government. Mayoral term � limits are not
addressed. Edgewood's term limits language states no more than finro consecutive four-year
terms but does not bar council from completing term of office. Port Angeles's language states
no more than three consecutive four-year terms. Puyallup's language states no more than a
cumulative finrelve years regardless of which position number. Municipal Research also
indicated that the cities of Kent and Milton have repealed term limits.
Two Charter Cities (Spokane and Tacoma) have term limits. Spokane's language states no
longer eligible after serving two consecutive terms as any council member or any other elective
city office except mayor. No longer eligible to hold o�ce of mayor after serving finro consecutive
terms as mayor or other elective city office except council member or council president.
Tacoma's language states cannot serve on council more than ten consecutive years either as
council, mayor or a combination there of. �
Public Comment:
Joanne Piquette spoke in opposition of term limits. She feels if there needs to be a change on
the Council that is the purpose of an election.
Clara McArthur spoke is support of term limits. Her comments were cut short as they were
directed against an individual councilmember.
Norma Blanchard spoke in support of term limits. She would like to see new perspectivesrdeas
on the CounciL She would like to see the signature gathering period extended to 180 days..
Shervl Nevers spoke in support of term limits. She would like to see new people serve on the
CounciL
Bettv Tavlor spoke in support of term limits. She would like to see new direction from the
CounciL
Denise Yun submitted written comments for the Clerk to read. Ms. Yun is opposed to term
limits; she feels it is important that voters have the right to choose their elected officials.
City Council Minutes — September 6, 2011 Special Meeting Page 2 of 3
Linda Halverson spoke in support of Council member soliciting the public on these topics as
well as other issues.
The Council asked clarifying question of Ms. Richardson. Deputy Mayor Duclos asked whythe
120-day period was being recommended. Ms. Richardson stated in an effort to meet the
November General Election and referred to the draft timeline.
Councilmember Ferrell stated he supports term limits. He would like to see the timeframe to
collect signatures at 180-day and align with the November general election. He does not
support conducting a special election.
Councilmember povey stated he spoke to approximately 89 citizens and the majority did not
support term limits or have an opinion on term limits. He asked his fellow Council members to
reach out to the community and poll residents on the issue.
Deputy Mayor Duclos wants to make sure that initiative/referendum petitions occur during the
November general election.
Councilmember Freeman stated he supports term limits.
Councilmember Burbidge spoke in support of the 120-days to collect signatures on
initiative/referendum petitions and scheduling items for the November general election.
Councilmember Park feels the 90-day period is sufficient to collect signature, but he is willing to
extend the period to 120-days. He stated he opposes term limits. He stated each 4-year
election term is an opportunity for someone new to serve on the Council.
Mayor Priest recommended to the Council that he and Ms. Richardson work on a timeline for
180-day signature collection period.
Regarding term limits, he stated he has not heard a consensus from the CounciL
4. EXECUTIVE SESSION
The Council adjourned to executive session at 6:45 p:m. to discuss sale of property
pursuant to RCW 42.30.110(1)(c)
.. for approximately 15 minutes. The Council adjoumed from executive
session at 6:59 p.m.
Attest:
.
Carol McNeilly, CMC, ity Cler
Approved by Council: September 20, 2011
City Council Minutes — September 6, 2011 Special Meeting Page 3 of 3