Council PKT 10-21-2014 RegularCITY OF
Federal Way
CITY COUNCIL
REGULAR MEETING AGENDA
Council Chambers - City Hall
October 21, 2014 — 7:00 p.m.
www.cityoffederalway.com
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. PRESENTATIONS
a. Recognition of Youth Artists /Town Square Park Murals
b. Arts Alive Presentation /Arts Commission
c. Certificate of Appointment — Diversity Commission
d. Proclamation: Breast Cancer Awareness Month — October ...page 3
e. Valley Cities — Human Services Agency Presentation
f. Mayor's Emerging Issues and Report
4. CITIZEN COMMENT
PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAKING.
When recognized by the Mayor, come forward to the podium and state your name for the record.
Please limit your comments to three minutes. The Mayor may interrupt comments that exceed three
minutes, relate negatively to other individuals, or are otherwise inappropriate.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Committee of three members and
brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by
a Councilmember for separate discussion and subsequent motion.
a. Minutes: October 7, 2014 Regular and Special Meetings ...page 4
b. Nautilus '14 NTS — S 304th Place (1 s' Ave S to 4th Ave S) ...page 13
c. Demolition of Structure at 28866 Pacific Hwy S — Project Acceptance ...page 16
d. 2015 Pedestrian Safety Program — Authorization to Bid ...page 18
e. S. 320th Street — Provision of Honorary Name of "Veterans Way" ...page 24
f. Purchase Two (2) New Honda Police Motorcycles ...page 26
g. Washington Traffic Safety Commission (WTSC) Grant for Impaired Driving, Seat Belt
and Distracted Driving Enforcement ...page 28
h. Interlocal Agreement with King County, for use of Electronic Fingerprint Equipment
Provided by the Regional AFIS Program ...page 40
i. T- Mobile Site Lease Renewal — Lakota Park ...page 53
The Council may add items and take action on items not listed on the agenda.
6. COUNCIL BUSINESS
a. Lodging Tax Advisory Committee Re- Appointments ...page 57
7. ORDINANCES
First Reading /Enactment
a. CB #6570rdinance — Prohibitinq Mariivana Related Businesses. _...page 58
An Ordinance of the City of Federal Way, Washington, relating to prohibiting all
marijuana- related businesses including retail, production and processing.
b. CB #658 Ordinance — Extend Moratorium on Medical Marijuana ...page 101
An Ordinance of the City of Federal Way, Washington, renewing the moratorium
imposed by Ordinance 13 -749 on marijuana collective gardens and related uses for
six months.
8. COUNCIL REPORTS
9. ADJOURNMENT
The Council may add items and take action on items not listed on the agenda.
,A CITY OF
Federal Way
PROCLAMA TION
"National Breast Cancer A wareness Month"
WHEREAS, this year, more than 230,000 women and 2,000 men will be
diagnosed with breast cancer in America; and
WHEREAS, early detection of breast cancer increases treatment effectiveness
and survival rates; and
WHEREAS, more Americans are surviving breast cancer than ever before, but
there is more work to do; and
WHEREAS, awareness is crucial to further reducing the toll that breast cancer
has on individuals and families; and
WHEREAS, all women and men should be familiar with the risk factors and
symptoms of this disease and consult with their health care providers about
appropriate screening; and
NOW, THEREFORE, we, the undersigned Mayor and City Council of Federal
Way do hereby proclaim October 2014 as National Breast Cancer Awareness
Month in the City of Federal Way. We encourage residents, and all other
interested groups to join in activities that will increase early detection of breast
cancer and expand awareness of what Americans can do to prevent breast cancer.
SIGNED this 21st day of October 2014.
FEDERAL WA YMA YOR AND CITY COUNCIL
Jim Ferrell, Mayor
Lydia 4ssefa- Dawson, Councilmember
Dini Duclos, Councilmember
Kelly Maloney, Councilmember
Jeanne Burbidge, Deputy Mayor
Bob Celsk4 Councilmember
Susan Honda, Councilmember
Martin Moore, Councilmember
COUNCIL MEETING DATE: October 21, 2014
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CITY COUNCIL MEETING MINUTES
ITEM #:
POLICY QUESTION: Should the City Council approve the draft minutes of the October 7, 2014 Special and
Regular City Council Meetings?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office
............................................................................_....._............_ p.................................................... ........._Y ..................... .........................................................................................................................................................................................................................................................................._.. ....._.........................
Attachments:
Draft minutes from the October 7, 2014 Special and Regular City Council Meeting.
Options Considered:
1. Approve the minutes as presented.
2. Amend the minutes as necessary.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL:
Committee Council Initial
CHIEF OF STAFF: N/A N/A
Committee Council
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED IST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED— 10/01/2014 RESOLUTION #
CITY OF
Federal Way
CITY COUNCIL
SPECIAL MEETING MINUTES
Council Chambers - City Hall
October 7, 2014 — 6:15 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the regular meeting to order at 6:24 p.m.
City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Kelly
Maloney, Councilmember Susan Honda, Councilmember Bob Celski, Councilmember Martin Moore
and Councilmember Dini Duclos.
Councilmember Lydia Assefa- Dawson arrived at 6:31 p.m.
City staff in attendance: Chief of Staff Brian Wilson, City Attorney Amy Jo Pearsall and City Clerk
Stephanie Courtney.
2. PLEDGE OF ALLEGIANCE
Deputy Mayor Burbidge led the flag salute.
3. PERFORMING ARTS & CONFERENCE CENTER (PACC) DESIGN UPDATE
Consultant Presentation
Council Discussion /Questions
Mayor Ferrell introduced PJ Santos, of Lorax Partners, and Wendy Pautz, of LMN Architects, who
gave a thoughtful presentation to Council on the developing design elements of the Performing Arts
and Conference Center. The design elements will include a softened street edge, active plaza and
rain garden, textured lines and glass lobby. They displayed a design model and reviewed the site
plan, building materials and proposed textiles. Mr. Santos stated the PACC will be operational for the
holidays of 2016 with the main construction beginning in the spring of 2015.
Councilmembers asked a variety of questions regarding the overall project and timeline including the
size of the facility and its capacity; as well as the possibility of connecting the PACC to the proposed
hotel either directly or through a shared walkway. Councilmembers concurred they would like to have
additional input as the project continues.
Federal Way City Council Special Meeting Minutes Page I of 2
October 7, 2014
4. ADJOURNMENT
There being nothing further on the agenda; Mayor Ferrell adjourned the special meeting at 7:02
pm.
Attest:
Stephanie D. Courtney, CIVIC
City Clerk
Approved by Council:
Federal Way City Council Special Meeting Minutes Page 2 of 2
October 7, 2014
CITY OF
,Z*�A.L Federal Way
CITY COUNCIL
REGULAR MEETING MINUTES
Council Chambers - City Hall
October 7, 2014 — 7:00 p.m.
www.citvoffederalway.com
1. CALL MEETING TO ORDER
Mayor Ferrell called the regular meeting to order at 7:15 P.M.
City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia
Assefa- Dawson, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Bob
Celski, Councilmember Martin Moore and Councilmember Dini Duclos.
City staff in attendance: Chief of Staff Brian Wilson, City Attorney Amy Jo Pearsall and City Clerk
Stephanie Courtney.
2. PLEDGE OF ALLEGIANCE
Betty Taylor led the Flag Salute.
3. PRESENTATIONS
a. Proclamation: Domestic Violence Awareness Month
Councilmember Honda read and presented the Proclamation to Federal Way Domestic Violence
Task Member Doug Baxter. Mr. Baxter thanked the Council for the Proclamation and introduced the
other members of the Task Force including Councilmember Honda, Police Chief Hwang, Deputy
Police Chief Sumpter, Cathy Williams, Janet Chance, Lana Mathews, and Dianne Zorro. The Task
Force meets the last Friday of every month at City Hall.
b. Proclamation: National Manufacturer's Day
Deputy Mayor Burbidge read and presented the Proclamation to Balaji Srinivasan of Valmet and
Becca Martin of the Federal Way Chamber. Mr. Srinivasan thanked the Council for recognizing their
industry.
c. City Inclusion Resolution (action anticipated)
Parks Director John Hutton reported on the city's popular inclusion program and Special Olympics
successes. He thanked the dedicated staff members who run and support these programs Sharon
Boyle and Kevin Hutchinson. He introduced Judge David Larson who brought forward and introduced
his friends from the Kiwanis Aktion Club, which he advises. He stated the group does important work
and meet once a month at the Community Center.
Mayor Ferrell thanked Judge Larson and Parks staff for all their work in the community. He also
thanked Councilmember Moore for bringing this forward.
Federal Way City Council Regular Minutes Page 1 of 6
October 7, 2014
COUNCILMEMBER MOORE MOVED APPROVAL OF THE PROPOSED RESOLUTION;
COUNCILMEMBER MALONEY SECOND.
Councilmember Moore spoke to the motion reiterating the importance of giving everyone in our
community a sense of ownership through jobs and programs like Trillium; and encouraged the city
and local companies to hire graduates of this program. Councilmembers thanked Councilmember
Moore, Judge Larson and members of the Akion Club for bringing focus on Inclusion in our city.
The motion passed unanimously as follows:
Deputy Mayor Burbidge
yes Councilmember Celski yes
Councilmember Assefa- Dawson
yes Councilmember Moore yes
Councilmember Maloney
yes Councilmember Duclos yes
Councilmember Honda
yes
d. Certificates of Re- Appointment to the Planning Commission
Councilmember Celski read the Certificates of Re- Appointment for Hope Elder, Wayne Carlson, and
Tom Medhurst to the Planning Commission. Hope Elder accepted her Certificate and thanked the
Mayor and Council.
e. Certificates of Re- Appointment and Appointment to the CDBG Loan Review Advisory
Committee
Councilmember Honda read the Certificate of Re- Appointment for Kevin Dunn who was unable to
attend tonight's meeting. She also read and presented Ronald Chynoweth with his Certificate of
Appointment to the CDBG Loan Review Advisory Committee. Mr. Chynoweth thanked the Mayor and
Council.
f. Certificate of Appointment to the Human Services Commission
Councilmember Honda read and presented Joseph Gomez with a Certificate of Appointment for the
Human Services Commission. Mr. Gomez thanked the Mayor and Council.
g. Town Square Park Public Input and Process/Timeline
Parks Director John Hutton gave a brief update to Council on the Town Square Park and the survey
which is available through the city's website (www.cityoffederalway.com). He was pleased to report
there have been 421 responses in the first 5 days of the survey being available; which is a
tremendous response. He reminded of the Open House scheduled prior to the next regular Council
meeting where the Consultants will be available to answer questions and gather public input on what
amenities, if any, citizens would like to see added.
In response to Council discussion, Mayor Ferrell stated Nakano Associates are currently working on
two scenarios with the fundamentals being flexible regarding the use of the entire 4 acres, or a
smaller 2 acre footprint. He stated the city is mailing out 35,000 a newsletters to every household in
the city, which in part, discusses the survey and the Town Square Park.
h. Mayor's Emerging Issues and Report
Mayor Ferrell pointed out the new artwork now hanging in the Council Chambers which was
recovered from inside the walls of the historic Brooklake Community Center. He asked Dick Castor of
the Federal Way Historical Society to come forward and give additional information on the history of
the painting and its artist.
The Mayor reported on the previous Neighborhood Connection meeting which was well attended and
reminded citizens of the next Meeting which will be held at Wildwood Elementary School on October
23rd at 6pm. He asked Parks Director John Hutton to update Council and citizens on the Veterans Day
Celebration on November 11tH
Federal Way City Council Regular Minutes Page 2 of 6
October 7, 2014
Parks Director Hutton was pleased to report on the planning of this event which will be held in the
Sears Parking Lot adjacent to 320th Street. The event will culminate with the raising of the new
American Flag on a 60 -foot flag pole installed in the median of 320th Street (which will be ceremonially
renamed to "Veterans Way "). There are plans for military vehicles, color guards and a high school
band.
Councilmember Honda also noted the Kiwannis and the Historical Society are hosting a Veterans Day
program. Diana Noble- Gulliford, President -Elect of the Historical Society confirmed a Veterans
Observance — Honoring the Past and Present Veterans at Todd Beamer High School beginning at
1 pm. She thanked the Mayor and Council for this wonderful visual spectacle honoring our veterans.
Mayor Ferrell asked Councilmember Honda give a brief update on the Arts Alive Event.
Councilmember Honda noted the art hanging in the hallway outside Council Chambers is part of the
Arts Alive program. Prior to the next Council meeting on October 21St there will be a reception for all
the artists and they will be announcing the Jurors Choice and Commissions Choice winners. She
encouraged citizens to come and vote on the People's Choice award which will be given later this
year.
The Mayor announced Performance and Conference Center Project Director Ken Miller, a 24 year
employee has announced he has taken a job with Lakehaven Utility District. He thanked Mr. Miller for
the many years he has given the city in various capacities including Deputy Public Works Director,
Interim Parks Director and the PACC Project Director.
Councilmembers each shared personal stories and thanked Mr. Miller for his impact on the city over
the last 24 years. Mr. Miller thanked the Mayor, Deputy Mayor, Council and staff, and stated he would
miss everyone.
4. CITIZEN COMMENT
Mark Koppang, Chair of the Parks Commission spoke in support of Town Square Park and feels
having the 4 acre park in the downtown is of great value to the city. He would like to see it left open
and accessible as an oasis in the midst of development.
Betty Taylor, stated she feels the PACC is not large enough for the Federal Way Community. She
would like to see the project larger to accommodate a larger crowd.
Jennie Hills, spoke to suggest the city look into starting a program where grocery stores donate
groceries to people with disabilities or give out vouchers. She stated as a person who has been
unemployed for the last 12 years she feels this would help her family.
Tracy Hills, stated he believes the city should keep the downtown park at the current 4 acres and
apologized for his overstatement at a previous Council meeting regarding the charge of meeting room
at the community center.
Karen Russell, Manager of the Federal Way and Auburn Public Health Clinics spoke to thank the
Mayor and Council for their support to keep the clinic open. She looks forward to ongoing commitment
to find a long term solution for both clinics.
Mayor Ferrell was pleased to note with the city's funding of the $221,000 of the Federal Way clinic
remaining open for two years. The Mayor also spoke to the recent "Mayor's Day of Concern" where
local grocery stores participated along with the Mayor, Councilmembers, staff, and volunteers greeted
shoppers and accepted food and monetary donations for the food bank.
Federal Way City Council Regular Minutes Page 3 of 6
October 7, 2014
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought
before full Council for approval; all items are enacted by one motion. Individual items may be removed by a
Councilmember for separate discussion and subsequent motion.
a. Minutes: September 16, 2014 Regular and Special Meeting
b. Vouchers
c. Monthly Financial Report — August 2014
d. Resolution: Solid Waste and Recycling 2015 -2017 Grant Approval
e. Toys R Us Building Demolition Project — Final Project Acceptance
f. Town Square Park Construction Project — Final Project Acceptance
DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF CONSENT AGENDA ITEMS A -F AS
PRESENTED; COUNCILMEMBER CELSKI SECOND. The motion passed unanimous as follows:
Deputy Mayor Burbidge yes Councilmember Celski yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
6. COUNCIL BUSINESS
a. Mayor's Presentation of Biennial Budget to Council
Mayor Ferrell delivered a brief overview of his proposed 2015 -2016 Biennial Budget. He proposes a
structurally balanced budget with ongoing operations now funded by ongoing revenues and a new
reserve fund policy. His vision with the budget is to create safe neighborhoods and vibrant business
centers; support cultural diversity and maintain attractive parks for residents and their families.
Included in the budget highlights are construction of the performing arts and conference center
(PACC) opening in 2016; and enhance and operate the popular Town Square Park, Federal Way's
first downtown park. He stated he feels his budget improves transparency and clarity with a
conservative approach.
Councilmembers thanked Mayor Ferrell for the presentation and encouraged citizens to become
involved in the process and to give input on the budget and upcoming meetings.
b. Confirmation of City Attorney
DEPUTY MAYOR BURBIDGE MOVED TO CONFIRM THE APPOINTMENT OF AMY JO
PEARSALL AS OUR CITY ATTORNEY; COUNCILMEMBER MOORE SECOND. The motion
passed unanimously as follows:
Deputy Mayor Burbidge
yes Councilmember Celski yes
Councilmember Assefa- Dawson
yes Councilmember Moore yes
Councilmember Maloney
yes Councilmember Duclos yes
Councilmember Honda
yes
c. Confirmation of City Clerk
DEPUTY MAYOR BURBIDGE MOVED TO CONFIRM THE APPOINTMENT OF STEPHANIE
Federal Way City Council Regular Minutes Page 4 of 6
October 7, 2014
COURTNEY AS OUR CITY CLERK; COUNCILMEMBER DUCLOS SECOND. The motion passed
unanimously as follows:
Deputy Mayor Burbidge
yes Councilmember Celski yes
Councilmember Assefa- Dawson
yes Councilmember Moore yes
Councilmember Maloney
yes Councilmember Duclos yes
Councilmember Honda
yes
d. Diversity Commission Appointment
COUNCILMEMBER HONDA MOVED TO APPOINT CHRISTINE LOMBARD AS A VOTING
MEMBER OF THE DIVERSITY COMMISSION TO FILL THE REMAINER OF AN UNEXPIRED
TERM THROUGH MAY 31, 2016; COUNCILMEMBER MALONEY SECOND. The motion passed
unanimously as follows:
Deputy Mayor Burbidge
yes Councilmember Celski yes
Councilmember Assefa- Dawson
yes Councilmember Moore yes
Councilmember Maloney
yes Councilmember Duclos yes
Councilmember Honda
yes
7. COUNCIL REPORTS
Councilmember Duclos reported on a constituent suggestion to locate an artificial ice rink downtown.
She reported on her participation in the Mayor's Day of Concern at the 21 st Ave Safeway, she thought
the event was well done. She updated everyone on the exciting items coming through the Regional
Policy Committee through the end of the year including the status of the Interlocal agreement with the
county and the Waste Management contract.
The Mayor thanked Councilmembers who volunteered collecting food during the Mayor's Day of
Concern, and stated in total they collected 1,465lbs of non - perishable food; $260.58 and 10 gift cards.
Councilmember Moore attended the grand opening of Dick's Sporting Goods and reported on viewing
a film regarding campaign finance reform. He attended a recent Chamber Luncheon and candidate
debate. He attended the 22nd Annual WA Conservation Voters "Breakfast of Champions" in Seattle
where energy conservation and environmental awareness were discussed. He thanked the Mayor
and fellow Councilmembers for the vote early tonight supporting the Inclusion Resolution, which is
important to him and many members of the community.
Councilmember Celski reminded of the 1 st Annual MSC Helps Luncheon next Wednesday October
15th at 11:30am at Emerald Downs. This fundraiser supports the Multi- Service Center; he stated
online donations can also be made to mschelps.org. He also attended the Mayor's Day of Concern
and had a great day, collecting food and connecting with the citizens. He attended the Advancing
Leadership Spaghetti Feed at the Federal Way Community Center; he thanked Chief Hwang for his
participation in this event. He was pleases Janice Siebenaler was deservingly honored for her many
contributions to our community.
Mayor Ferrell thanked Jeri -Lynn Clark, Executive Assistant in the Mayor's Office for coordinating the
Mayor's Day of Concern.
Councilmember Honda thanked the Federal Way Domestic Violence Task Force members who were
able to attend and accept the Proclamation tonight. She reported she will be attending a Domestic
Federal Way City Council Regular Minutes Page S of 6
October 7, 2014
Violence Awareness Event at St. Vincent de Paul Social Hall which will discuss the wide impact of
domestic violence. She also thanked Mayor Ferrell for allowing the silhouettes in City Hall, she feels
they give a very strong message. She thanked the Historical Society for the research on the historical
Brooklake Painting now hanging in Chambers. She encouraged everyone to come and support the
fundraiser at the Community Center on Friday, October 24th from 6 -9pm for the Inclusion program
scholarships. He reported her husband is coordinating the final tours of the original Federal Way High
School building; and the next meeting of the Parks, Recreation, Human Services, Public Safety
meeting will be October 14th
Councilmember Maloney stated she has been out of town with family and has no official report this
evening.
Councilmember Assefa- Dawson also noted she has been out of town and is looking forward to getting
into the budget document.
Deputy Mayor Burbidge reported on the historical society's display at their office at Steel Lake
regarding the telegraph. She thanked the community for being so generous with fundraisers for all the
important programs. She encouraged people to attend the Community Caregiving Network's Souper
Supper which will raise funds for their programs including emergency services and community
dinners. She highlighted Saturday, November 1 st at Twin Lake Golf and County Club titled "Shindig"
which will be a PACC fundraiser; this program includes many talents artists.
8. ADJOURNMENT
There being nothing further on the agenda; Mayor Ferrell adjourned the regular meeting at
9:32pm.
Attest:
Stephanie D. Courtney, CMC
City Clerk
Approved by Council:
Federal Way City Council Regular Minutes Page 6 of 6
October 7, 2014
Subject: Nautilus NTS 2014 — S 304th Pl (1St Ave S to 4th Ave S)
POLICY QUESTION: Should the Council approve the installation of 2 speed humps on S 304`h PI between 1St
Ave S and 4th Ave S?
COMMITTEE: Land Use and Transportation Committee
MEETING DATE: October 6, 2014
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Erik Preston, P E. — Senior Traffic Engineer DEPT: Public Works
....... _. ...... _.. ...
Attachments: Land Use and Transportation Committee memorandum dated October 6, 2014
Options Considered:
1. Authorize the installation of 2 speed humps on S 304th P1 between 1St Ave S and 4th Ave S.
2. Do not authorize the installation of the proposed traffic calming devices and provide direction to staff.
MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the October 21, 2014 City Council
Consent Agenda for approval. A _ w
MAYOR APPROVAL: �� IRjF
Cun CTOR APPROVAL
onrtt e un ' J y
CHIEF OF STAFF: 6.4A /??'x Y /7d y
Coi to o
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the October 21, 2014 consent agenda for
PROPOSED COUNCIL MOTION: "I move approval of the installation of 2 speed humps on S 304`x' PI between
P Ave S and 4`h Ave S. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED I'T reading
❑ TABLED /DEFERRED /NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances onto ORDINANCE #
REVISED — 08 t2,'20 I 0 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 6, 2014
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Marwan Salloum, P.E., Director of Public Works
Erik Preston, P.E., Senior Traffic Engineer
SUBJECT: Nautilus NTS 2014 — S 304Th Pl (1' Ave S to 4`h Ave S)
BACKGROUND:
Residents living along S 304"' P1 between 15t Ave S and 4th Ave S submitted a petition requesting the installation
of traffic calming devices to control vehicle speeds in an effort to improve vehicular and pedestrian safety along
S304 1h Pl. A traffic study was conducted and the results are as follows:
• Average Daily Traffic (ADT): 1,049
• 85"' percentile speed: 32.2 mph
• 5-year Collision History: 2 collisions, 0 injury
Based on the current adopted NTS installation criteria (per Table 1 below), S 304th Pl scored 3.0 total
severity points. This meets the minimum 3.0 severity point to qualify for the installation of traffic
calming devices.
Table 1
Minor Collector Street NTS Criteria
Point
Scale
85th Percentile
Speed
Average Daily
Traffic (ADT)
Location
School /Park
5 -Year Collision History
Total
Injury
Fatal
0.0
0-25
0 - 1,000
No
1
-
-
0.5
26-27
1,001 —1,800
Yes
2
-
-
1.0
28-29
1,801 — 2,600
-
3
1
-
1.5
30-31
2,601 — 3,400
-
4
-
-
2.0
32-33
3,401 — 4,200
-
5
2
1
2.5
34-35
4,201 — 5,000
-
6
-
-
3.0
36+
5,001+
-
7+
3+
2+
Points
Given
2.0
0.5
0
0.5
0
0
Total Points Scored
3.0
A neighborhood traffic safety meeting was held on August 25, 2014 and was attended by 8 residents. The
attending group consensus was to install two speed humps on S 304th PI and one traffic circle at the
intersection with 3 rd Ave S as spacing and grades allow.
October 6, 2014
Mark Twain NTS 2014
Page 2
Traffic Division staff evaluated possible speed hump and traffic circle locations and proposed two speed
humps at the following locations;
1) 111 S 304'' PI
2) 330 S 304' PI
The speed table locations were based upon spacing from STOP signs, driveway placement, roadway grade
limitations (less than 8% required), intersection spacing, and placement for optimal effectiveness against
speeding. Proposed speed hump locations have been marked on the street as shown on the attached map. It
was found that a traffic circle at the 3rd Ave S intersection would only be 220 feet from the speed hump at 330
S 304'b PI, much less than the minimum 300 foot spacing recommended. The number of devices also seemed
out -of- proportion to the length of this roadway segment.
In accordance with established NTS policies, staff sent ballots to property owners and occupants within
600 feet of the proposed traffic calming device locations and also to those with the proposal located along
their sole access route. The following table summarizes the ballot results:
Traffic Calming Device
Ballots Sent
125
Ballots Returned
30
24.0%
Undeliverable
I I
Yes Votes
26
89%
No Votes
4
11%
Returned w/o Response
0
0%
One of the installation criteria requires a 51% majority approval of the returned ballots. Based on the
ballot results represented in the above table, the balloting exceeds this majority.
The estimated cost of this project is approximately $11,000, which falls within the $15,000 per
neighborhood per year budget limitation policy. The current allocated NTS budget per year is $50,000
with $20,000 designated specifically for school NTS and/or school safety related improvements. Staff
recommends approving the installation of two speed humps on S 300 P1 between 1St and 4th Ave S.
The proposed package should be effective in reducing speeds and improving vehicular and pedestrian
safety. However, there may be some negative impacts to the neighborhood including inconvenience,
noise and a slight increase in emergency response time.
cc: Project File
Day File
COUNCIL MEETING DATE: October 21, 2014 ITEM #: (a)
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: DEMOLITION OF STRUCTURE LOCATED AT 28866 PACIFIC Hwy SOUTH — PROJECT ACCEPTANCE
POLICY QUESTION: Should the Council accept the contract for the demolition and removal of the structures located at
28866 Pacific Hwy South to Russ Lloyd Clearing & Demolition as complete?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: October 6, 2014
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Ton Doucette P.E., Surface Water Management Engineer
DEPT Public Works
_ ....................................._........_.__........._._. ................_............_y .......... ................ a........................................................._.......................................... ............... $......................._....._._..... g..........._........................._ ..... ............' ............................. ......._................................. ...................................................... .. ...........
Attachments: Land Use and Transportation Committee memorandum dated October 6, 2014
Options Considered:
1. Authorize final acceptance of the demolition contract for the demolition and removal of the structures
located at 28866 Pacific Hwy South, constructed by Russ Lloyd Clearing & Demolition in the amount of
$44,121.76 as complete.
2. Do not authorize final acceptance of the completed demolition contract for the demolition and removal of
the structures located at 28866 Pacific Hwy South, constructed by Russ Lloyd Clearing & Demolition as
complete and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the October 21, 2014 City Council
Consent Agenda for approval. _ h
MAYOR APPROVAL:
v
CHIEF OF STAFF: I•N�'+
Co i Council
/ /PRECTOR APPROV
COMMITTEE RECOMMENDATION: I move to forward option I to the October 21, 2014 City Council Consent Agenda
for approval.
!P-1-4 go nmmilI
6161 S
PROPOSED COUNCIL MOTION: "I move to authorize final acceptance of the demolition contraVt for the demolition
and removal of the structures located at 28866 Pacific Hwy South, constructed by Russ Lloyd Clearing &
Demolition in the amount of $44,121.76 as complete."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL. BILL
❑ DENIED IsT reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/2010 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 6, 2014
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Marwan Salloum, P.E., Public Works Director
Tony Doucette, Surface Water Management Engineer-' V
SUBJECT: Demolition of Structure at 28866 Pacific Hwy South — Project Acceptance
BACKGROUND:
Prior to release of retainage on a Public Works construction project, the City Council must accept the
work as complete to meet State Department of Revenue and State Department of Labor and Industries
requirements. The Demolition of Structure at 28866 Pacific Hwy South Project contract with Russ Lloyd
Clearing and Demolition is complete. The final construction contract amount is $44,121.76. This is
$2,645.46 below the $46,767.22 (including contingency) budget that was approved by the City Council
on August 12, 2014.
cc: Project File
Central File
KALUM2013\10 -06- 142014 DEMOLITION OF STRUCTURE AT 28866 PACIFIC Hwy SOUTH — PROJECT ACCEPTANCE .DOC
COUNCIL MEETING DATE: October 21, 2014
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2015 PEDESTRIAN SAFETY PROGRAM — AUTHORIZATION TO BID
ITEM
POLICY QUESTION: Should City Council approve the revisions to the Pedestrian Safety Program criteria and
authorize for bid the proposed list of projects for 2015?
COMMITTEE: Land Use / Transportation MEETING DATE: October 6, 2014
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Rick Perez, P.E., City Traffic Engineer DEPT: Public Works
Attachments: Memorandum to Land Use and Transportation Committee dated October 6, 2014
Options Considered:
1. Approve the use of prioritization criteria amendments for pedestrian crossing improvements and
authorize staff to bid the proposed projects for 2015.
2. Do not approve the use of prioritization criteria amendments for pedestrian crossing improvements and
authorize staff to bid the proposed projects for 2015 and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the October 21, 2014 City
Council Consent Agenda foyaNproval.
MAYOR APPROVAL: ��\ �'Tal
Co nit e C uncil � a �l
COMMITTEE RECOMMENDATION: I move to forward Option I to approve the use of prioritization criteria
amendments.for pedestrian crossing improvements and authorize staff to bid the proposed projects for 2015 to the
OctobW,21,2014 conse a enda for approval.
e s i, Chair Kelly/Maloney, Member dia Assefa- vso , ember
PROPOSED COUNCIL MOTION: " I move approval of Option I to approve the use of prioritization criteria
amendments for pedestrian crossing improvements and authorize staff to bid the proposed projects for 2015 to
the October 21, 2014 consent agenda for approval. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL#
❑ DENIED
Ise reading
❑ TABLED /DEFERRED /NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances onto
�
ORDINANCE #
REVISED— 08, 12;2010
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 6, 2014
TO: Land Use / Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Marwan Salloum, P.E., Director of Public Works
Rick Perez, P.E., City Traffic Engineer C
SUBJECT: 2015 Pedestrian Safety Program — Authorization to Bid
BACKGROUND:
In December of 2009, the City Council authorized staff to create a "Citywide Pedestrian Improvements
Project" funded by gas tax revenue dedicated to transportation safety improvements. Based upon the
developed prioritization program, eight rectangular rapid flashing beacon (RRFB) installations were
constructed in the spring and summer of 2011 bringing the total number of RRFB systems to 13. Since
then, six more have added by capital projects, the School Zone Enhancement Program, and developer
mitigation. The program was placed on hold in 2012 by the Mayor. Recent Council inquiries have
prompted staff to investigate reinstating the program.
The intention of the Citywide Pedestrian Safety Improvements Program as currently implemented is to
improve safety for pedestrians crossing roadways. Pedestrian collision history shows where past
collisions have occurred and where a need for further safety measures exists. Documented pedestrian
collision history is a critical component of the prioritization criteria and thus has been weighted on a scale
double that of the other criteria. At locations where existing flashing beacon systems are installed, only
collision data following the installation is analyzed.
Based upon the previously established criteria with some modifications (indicated in red) to further refine
the selection criteria, staff have identified and evaluated criteria to recommend further locations for RRFB
installations in 2012. Criteria and weight were given to determine potential locations where pedestrian
crossings are most likely to occur, and existing locations where RRFB's would provide additional
pedestrian safety.
Point
Scale
Collision Rate
Per Year
Total
Fatal
0
-
-
1
0.1
-
2
0.2
-
3
0.3
-
4
0.4
0.1
5
0.5
-
6
v.6+
0.2+
October 6, 2014
Land Use and Transportation Committee
2015 Pedestrian Safety Program — Authorization to Bid
Page 2
Existing roadway, traffic and crosswalk location criteria had been developed and approved by Council.
Locations with greater crossing distances and higher traffic volumes were scored higher as such
conditions determine a higher need for pedestrian safety features. Locations where the roadway cross -
section is greater than 79 feet were not considered for placement of mid -block pedestrian crossings.
These locations consist exclusively of cross - sections with HOV lanes. The pedestrian crossing distance at
such locations is too great to conclude that an RRFB system would provide for adequate pedestrian
safety. Distance to the nearest marked pedestrian crosswalk determines if alternate pedestrian crossings
are available in the vicinity and the likelihood that a new or improved crosswalk would generate more
pedestrian traffic.
Criteria were established to determine locations in which pedestrians were likely to use a marked
crosswalk as well as locations which tend to be utilized by more vulnerable pedestrians. These criteria
included frontage to schools or the presence of safe walking routes to schools. Safe walking routes are
designated by school districts for Elementary Schools and Middle Schools. Feasible walking routes for
High Schools were also considered. Adjoining Land Uses were considered based upon land uses which
would tend to attract more pedestrians.
Point
Roadway & Traffic
Crosswalks
Point
Scale
Roadway
Crossing
Width (ft) **
Average Daily
Traffic (ADT /Lane)
Distance to Nearest (ft)
Existing Marked
Crosswalk
0
0 - 24
0 - 1499
0 - 299
0.5
25 - 34
1500 - 2499
300 - 599
1
35 - 44
2500 - 3499
600 - 899
1.5
45 - 54
3500 - 4499
900 - 1199
2
55 - 64
4500 - 5499
1200 - 1499
2.5
65 - 74
5500 - 6499
1500 - 1799
3
75 - 79
6500+
1800+
Criteria were established to determine locations in which pedestrians were likely to use a marked
crosswalk as well as locations which tend to be utilized by more vulnerable pedestrians. These criteria
included frontage to schools or the presence of safe walking routes to schools. Safe walking routes are
designated by school districts for Elementary Schools and Middle Schools. Feasible walking routes for
High Schools were also considered. Adjoining Land Uses were considered based upon land uses which
would tend to attract more pedestrians.
Point
School Frontage or
Parks, Recreation & Libraries
Adjoining Land Uses
Scale
Safe Walking Routes
0
-
-
-
0.5
Potential High School
Private Indoor Recreational Facilities &
Business Park &Office
Walking Route
Private Outdoor < 25 acres
1
High School Frontage
FW Open Space < 25 acres & Private
Community Business
Outdoor Recreation > 25 acres
1.5
Middle School Walking
FW Open Space > 25 acres & State
Single Family Residential
Route
Parks /Lands
2
Middle School
Dumas Bay Center, Senior Center, KC
Multi - Family Residential
Frontage
Aquatic Center & Weyerhaeuser Trails
2.5
Designated Elementary
FW Neighborhood Parks
Neighborhood Business
School Safe Route
Elementary School
FW Community Parks, FW Designated
City Center Core &_
3
Frontage
Trails, FW Community Center & KC
Frame
Libraries
October 6, 2014
Land Use and Transportation Committee
2015 Pedestrian Safety Program — Authorization to Bid
Page 3
Existing Transit Ridership Data for Bus Stops in the immediate vicinity along with nearby bus stops were
considered as riders are likely to cross the roadway to get to /from a stop. King County Metro does not
collect data for Dial a Ride Transit (DART) stops thus daily ridership assumptions were made for these
stop locations. Evaluation of bus stop locations will be performed for selected locations and coordination
will occur between the City and affected transit agencies to determine if modifications to stop locations
are desired.
Point
Scale
Existing Transit Ridership Data
Riders per Weekday
Bus Stops
within 400 ft.
Bus Stops within
1/3 mile
0
0 - 14
0 - 29
0.5
15 - 29
30 - 59
1
30 - 44
60 - 89
1.5
45 - 59
90 - 119
2
60 - 74
120 - 149
2.5
75 - 89
150 - 179
3
90+
180+
Based upon this criteria weighting system, a prioritized location list was created. Existing locations with
pedestrian crossing treatments were analyzed to check the validity of the criteria and to determine if any
upgrade of the system to an RRFB installation was warranted.
Based upon the previously mentioned prioritization list, 72 locations were reviewed for analysis. Based
upon the preliminary cost estimates, locations were re- scored for cost feasibility.
Point
Scale
Preliminary Cost Estimate
M
-1.5
+
$50,001
-1.0
$50,000
-
$35,001
-0.5
$35,000
-
$30,001
0.0
$30,000
-
$25,001
0.5
$25,000
-
$20,001
1.0
$20,000
-
$15,001
1.5
$15,000
-
$0
An additional 1.5 points was also considered for locations where desired countermeasures would address
vehicular safety issues. Countermeasures could include restriping to provide two -way left turn lanes,
designated bus stops or right turn lanes, and addition of c- curbing to restrict vehicular movements which
have already been restricted via signage. No scores were given for short listed locations.
The following is a priority location list of the highest ranking existing, future and potential locations and
their respective point totals. Over seventy pedestrian crosswalk locations were evaluated including those
October 6, 2014
Land Use and Transportation Committee
2015 Pedestrian Safety Program — Authorization to Bid
Page 4
with existing midblock crossings, locations where past pedestrian accidents have occurred and locations
where citizens have in the past expressed a desire for mid -block pedestrian crosswalks.
Priority
Number
Proposed Installation
Street
Reference Location
Total
Points
Preliminary
Cost
Estimate
Recommended for Construction in 2015
1
1S Way S
15 Place S
Northeast Leg
20.5
$22,500
2
SW Dash Point Road
SW th 306 Street / 12 Avenue SW
Southwest Leg
15.5
$23,500
2
SW 3201 Street
36" Avenue SW
315 ft West
15.5
$22,250
4
SW 320" Street
SW 323 Street
500 ft East
13.0
$27,250
4
19" Avenue SW
SW 340" Street
410 ft North
13.0
$21,500
6
SW 320th Street
3r Place SW
200 ft West
12.5
$42,513
7
SW 330" Street
West Campus Trail
12.0
$15,500
8
S 320" Street
5" Avenue S
220 ft West
11.5
$47,452
9
1st Way S
S 340" Street
410 ft North
11.0
$37,996
Sub -Total Schedules
=
$226,258
10% Construction Contingency
$22,626
Construction Administration
$45,251
Printing of Advertisement
$3,500
Estimated Total
$297,635
Potential
Locations for Construction in 2016
9
SW 325th Place
13 Avenue SW
East Leg
11.0
$15,958
11
SW 320" Street
18" Avenue SW
200 ft East
10.5
$37,815
11
Hoyt Road SW
SW 329" Way
North Leg
10.5
$23,500
11
SW 312th Street
4 Ave SW
310 ft West
10.5
$21,500
11
21 S" Avenue SW
SW 307 Street
South Leg
10.5
$17,500
11
SW 356" Street
18 Avenue SW
West Leg
10.5
$38,600
11
Hoyt Road SW
SW 326" Street
South Leg
10.5
$23,500
11
12 "h Avenue SW
SW 344 Street /
BPA Trail
South Leg
10.5
$21,500
11
16" Avenue SW
SW 306" Street
North Leg
10.5
$23,500
Sub -Total Schedules =
$223,373
10% Construction Contingency
$22,337
Construction Administration
$44,674
Printing of Advertisement
$3,500
Estimated Total
$293,884
The estimated cost of $297,635 is a preliminary figure used for estimating purposes only and includes
construction administration, construction contingency, printing and advertising. The program would be
funded from the Transportation Safety Fund, established by the Council in 2005 with revenue from the
additional 0.5 cents in fuel tax that cities received in that year's fuel tax increase. This source generates
approximately $320,000 annually.
October 6, 2014
Land Use and Transportation Committee
2015 Pedestrian Safety Program — Authorization to Bid
Page 5
Once Council approves the list of locations for the 2015 Citywide Pedestrian Safety Improvements
Program, staff will begin the project design. The anticipated date for advertisement is January 2015 with
construction beginning in May 2015. Staff would present a final recommendation for 2016 in Fall 2015.
One issue that Council may want to consider is "how much is enough ". The criteria understandably place
a high priority on crossing major arterials where transit ridership exists. However, the result is that these
crossings will be placed roughly every quarter mile on S and SW 320t" Street. Similarly, the adopted
criteria have no minimum score. At some point in the future, pedestrian safety may be better served by
extending sidewalk than establishing additional crossing locations. As such, staff may propose a
minimum score to qualify for future installations, as we currently have for traffic calming projects.
Staff will also continue to pursue other funding sources to procure pedestrian improvement installations
through existing and future grant funding programs.
cc: Project File
Day File
COUNCIL MEETING DATE: October 21, 2014 ITEM #: 5 Le
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: S 320th Street — Provision of honorary name of "Veterans Way ".
POLICY QUESTION: Should the Council authorize provision of the honorary name of "Veterans Way" to S 320th
Street between 1 -5 and 11th Place South and authorize the purchase and installation of street name Signs?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: October 6, 2014
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Rick Perez, P.E., City Traffic Engineer DEPT: Public Works
Attachments: Memorandum to Land Use and Transportation Committee dated October 6, 2014
Options Considered: ea-5t l i m ►�
1. Authorize the provision of the honorary name "Veterans Way" to S 320th Street between.I-,5'and 11th
Place South and authorize the mayor to purchase and install new street name signs reflecting the honorary
name.
2. Do not authorize the provision of an honorary name for S 3201h Street and provide direction to staff.
MAYOR'S RECOMMENDATION: The mayor recommends Option 1 be forwarded to the October 21, 2014
Council Consent Agenda f proval.
MAYOR APPROVAL: Z, DIRECTOR APPROVAL:
C mt ittee Council itialiDate
Initial /Date Initial, Date
CHIEF OF STAFF: ,v.�✓ 1V�i
o nuttee Council
nitial,Date Initial, Date
COMMITTEE RECOMMENDATION: I move to forward Option I to the October 21, 2014 Council Consent
PROPOSED COUNC[ T[ "I ove to authorize the provision of the honorary name "Veterans Way" to
S 320t1" Street betweean l �� 1' ace S and authorize the Mayor to purchase and install new street name
signs.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED /DEFERRED /NO ACTION
❑ MOVED TO SECOND READI'N'G (ordinances onh)
REVISED -- 02/06/2006
COUNCIL BILL#
IST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 6, 2014
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor IPZI / lq
FROM: Marwan Salloum, PA.,ublic Works Director G �/
Rick Perez, P.E., City Traffic Engineer
SUBJECT: S 3201h Street - Provision of honorary name of "Veterans Way ".
BACKGROUND
The Mayor has requested that S 320th Street be provided an honorary name of "Veterans Way" between I-
5 and 11th Place S. The purpose of the honorary name is to provide for a memorial to those who have
served the City of Federal Way, the State and our Country, giving their lives to protect our freedoms. The
timing of the naming will complement the installation of the new flag pole and flags along S 320th Street.
The Mayor is requesting for provision of the honorary name of Veterans Way and approval to purchase
and install new street signs. A total of 12 signs will be installed to replace the existing Signs on S 3201h
Street between I -5 and 1 lth Place S. King County will fabricate and install the signs by November 10,
2014 in order to be in place for the dedication of the flag poles on November 11, 2014.
The Mayor has selected the preferred design template for these signs, which is in keeping with the design
already used for Historical name signs currently in use:
Cc: Day File
COUNCIL MEETING DATE: October 21, 2014 ITEM #: 5 C-P
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: PURCHASE TWO (2) NEW HONDA POLICE MOTORCYCLES.
POLICY QUESTION: Should the City Of Federal Way / Police Department use available Replacement Reserve
monies to purchase two (2) new Honda police motorcycles, as well as, the necessary equipment needed to
utilize these vehicles.
COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: 10/14/2014
SAFETY COUNCIL COMMITTEE (PRHS &PS)
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: LIEUTENANT KURT SCHWAN DEPT: Police
Attachments:
1. PRHS & PS Memo
Options Considered:
1. Accept Proposal
2. Reject Proposal
MAYOR'S RECOMMENDATI
MAYOR APPROVAL: If� RECTOR APPROVAL:+o ee ouncInitial
CHIEF OF STAFF:
odv
c c
COMMITTEE RECOMMENDATION: 1I move to�forward the proposal to purchase two (2) new Honda Police
Motorcycles, as well as, the necessary equipment to utilize these vehicles, to the October 21, 2014 City Council
Consent Agenda. "
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the request to purchase two (2) new Honda Police
Motorcycles, as well as, the necessary equipment to utilize these vehicles using available Replacement Reserve
money, and authorize the Chief of Police to sign such purchase agreement. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1sT reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED— 08/12/2010 RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: October 14, 2014
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy Hwang, Chief of Police
SUBJECT: Purchase of two new (2) Honda ST1300P Police Motorcycles
Background
Since the beginning of 2010, the police department traffic section has been replacing Harley -
Davidson police motorcycles with Honda ST 1300P police motorcycles. The Hondas have proven to
be reliable and more cost effective than the Harley- Davidson.
Several other local police agencies in our region have converted their motorcycle fleet over to the
Honda ST1300P police motorcycle. These agencies include Auburn, Bellevue, Centralia, Everett,
Kirkland, Lakewood, Redmond, Snohomish County, and Washington State Patrol. The available
data from these agencies, as well as our own data compiled over the past 4 years, indicates that the
Honda ST continues to be a more reliable and cost effective vehicle than the Harley - Davidson. Since
the purchase of six (6) Honda ST1300P motorcycles in 2010, the Traffic Section has been very
pleased with their performance and we continue to experience lower maintenance costs than
previously experienced with the Harley- Davidson vehicles, and improved safety.
Proposal
The Traffic Section is requesting permission to purchase two (2) new Honda ST 1300P police
motorcycles to replace the last of the Harley- Davidson motorcycles which have exceeded their
normal replacement schedule. We would use replacement reserve money currently allocated for
these vehicles.
The Traffic Section is authorized to utilize eight (8) police motorcycles. This new replacement
request will result in the Traffic Section maintaining eight (8) police motorcycles. There are
currently six (6) trained and authorized police motorcycle operators in the Traffic Section. This
replacement request will permit the traffic unit to maintain two (2) spare motorcycles to be utilized
for training and /or if an operator's assigned motorcycle requires maintenance or repair.
The Washington State Department of Enterprise Services Vehicle Contract List (vehicle bid
process) will be used to acquire the new motorcycles.
Funding Source
The funds for these purchases are available from the regular Replacement Reserve monies set aside
for vehicle replacements. As of January 1, 2014 there was approximately $77,000 available in the
identified Replacement Reserve accounts to complete this purchase plan. The cost for purchasing
two (2) new Honda ST1300P motorcycles is conservatively estimated to be $55,000.
No new monies would be required to purchase or outfit the motorcycles.
1
COUNCIL MEETING DATE: October 21, 2014 ITEM #:J
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION (WTSC) GRANT FOR IMPAIRED DRIVING, SEAT
BELT AND DISTRACTED DRIVING ENFORCEMENT.
POLICY QUESTION: Should the City of Federal Way / Federal Way Police accept the overtime funding from
WTSC for Impaired Driving, Seat Belt and Distracted Driving Enforcement?
COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: Oct. 14, 2014
SAFETY COUNCIL COMMITTEE (PRHS &PS)
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: LYNETTE ALLEN, EXECUTIVE ASSISTANT DEPT: Police
Attachments:
1. PRHS & PS Memo
2. WTSC MOU
Options Considered:
1. Accept Proposal
...._..- 2'-- Reject Proposal - ........... _ .............. _ ............ -_ -- - - - --
MAYOR'S RECOMMENDATION:
MAYOR APPROVAL: e7 / / IRECTOR APPROVAL:
Com ffie 000r CKincil Initial
CHIEF OF STAFF:i.vti✓ �✓��•
co C J
COMMITTEE RECOMMENDATION: "I move to forward the WTSC MOU for Overtime Funding for Impaired
Driving, Seat Belt and Distracted Driving Enforcement to the October 21, 2014 City Council Consent Agenda for
approval. "
U.
Committee Chair Committee Member Committe Member
PROPOSED COUNCIL MOTION: "I move approval for the City of Federal Way /Federal Way Police to accept
the WTSC MOU for Overtime Funding of Impaired Driving, Seat Belt and Distracted Driving Enforcement,
and authorize the Chief of Police to sign such agreement. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 15T reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/2010 RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: October 14, 2014
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: Washington Traffic Safety Commission (WTSC) Overtime Funding for Impaired
Driving, Seat Belt and Distracted Driving Enforcement
Backizround
The Washington Traffic Safety Commission (WTSC) and the City of Federal Way have an existing
partnership, focused on Impaired Driving, Seat Belts and Distracted Driving overtime funding.
WTSC funding has allowed Federal Way Police to strengthen this enforcement through overtime
funded patrols.
Proposal
We have signed the WTSC Memorandum of Understanding (MOU), due to time constraints, for
a term of. October 01, 2014 through September 30, 2015 to provide overtime funding up to
$17,500.00 for Impaired Driving Enforcement, $1,400.00 for Seat Belt Enforcement, and
$3,000.00 for Distracted Driving Enforcement. If Council does not approve, we will contact
WTSC.
Funding Source
Washington Traffic Safety Commission (WTSC).
STAT,
04 b
a _
a i
O
O
y'T
1889 , 1
MEMORANDUM OF UNDERSTANDING
WASHINGTON TRAFFIC SAFETY COMMISSION
THIS AGREEMENT, pursuant to Chapter 39.34 RCW, is made and entered into by and
between the Federal Way Police Department (Agency) and the Washington Traffic
Safety Commission (WTSC).
IT IS THE PURPOSE OF THIS AGREEMENT to provide overtime funding to law
enforcement agencies to conduct multijurisdictional, high visibility enforcement (HVE),
traffic safety emphasis patrols (as outlined in Addendum A), and Target Zero Team
patrols in support of Target Zero priorities. The Target Zero Manager and Law
Enforcement Liaison assigned to your county shall coordinate the Scope of Work
as outlined below:
TERM: October 1, 2014 - September 30, 2015
AMn[INTS
Impaired Driving Funding: $_17,500.00
CFDA# 20.600
Seat Belt Funding: $_1,400.00
CFDA # 20.616 and 20.600
Distracted Driving Funding: $_3,000.00
CFDA #20.600
These funds shall not be commingled and are only to be
utilized for the specific emphasis area.
SWV 0015957 -00
(Agency) Statewide Vendor Number
IT IS, THEREFORE, MUTUALLY AGREED THAT:
1. GOAL: To reduce traffic related deaths and serious injuries through aggressive
impaired driving, occupant protection, and distracted driving multijurisdictional HVE
patrols.
2. SCOPE OF WORK:
Impaired Driving:
Agency will engage in multijurisdictional HVE patrols for both campaigns, as part of
the national effort, for some or all of the following dates:
Updated: September 15, 2014 Page 1 of 10
Holiday DUI Patrols; November 26, 2014 — January 1, 2015
Drive Sober or Get Pulled Over Labor Day DUI Crackdown;
August 21 — September 7, 2015.
These DUI and Target Zero Team patrols shall be deployed at locations where the
data indicates that the most traffic safety benefit can be realized as determined by
the local Traffic Safety Task Force. Officers may also work on the Home Safe Bar
program with approval of the county Target Zero Manager or the law enforcement
liaison to the task force. Funding may also be used for Party Intervention Patrols,
with approval from the Washington Traffic Safety Commission.
Funds permitting, the local Task Force may coordinate additional HVE DUI patrols.
Dates of local patrols will be reported to the WTSC on a quarterly basis by the
county Target Zero Manager. Only work done on Task Force/TZM pre - approved
dates will be considered for reimbursement.
Law enforcement officers will complete the Emphasis Patrol Activity Logs and
forward to their Target Zero Manager within 48 hours of the completion of the DUI
patrols.
Seat Belts:
Agency will engage in multijurisdictional HVE seat belt- focused patrols on some or
all of the following dates as part of the national effort:
Click it or Ticket - May 11 — May 25, 2015
These patrols shall be deployed at locations where the data indicates that the most
traffic safety benefit can be realized as determined by the local Traffic Safety Task
Force. Wherever possible these patrols shall occur in areas with the lowest seat belt
use. Agency agrees to take a zero tolerance approach to seat belt and child car
seat violations.
Law enforcement officers will complete the Emphasis Patrol Activity Logs and
forward to their Target Zero Manager within 48 hours of the completion of the seat
belt patrols.
Funds permitting (not guaranteed), the local Task Force may coordinate HVE seat
belt patrols from January 1 — September 30, 2015. Dates of local patrols will be
reported in advance to the WTSC on a quarterly basis by the county Target Zero
Manager. Only work done on Task Force/TZM pre- approved dates will be
considered for reimbursement.
Updated: September 15, 2014 Page 2 of 10
Distracted Driving
Agency may engage in multijurisdictional HVE distracted driving- focused patrols, as
part the national effort, on some or all of the following dates:
U Drive. U Text. U Pay —April 1 -14, 2015
These patrols shall be deployed at locations where the data indicates that the most
traffic safety benefit can be realized as determined by the local Traffic Safety Task
Force. Wherever possible these patrols shall occur in areas with the highest
occurrences of distracted driving.
Law enforcement officers will complete the Emphasis Patrol Activity Logs and
forward to their Target Zero Manager within 48 hours of the completion of the
distracted driving patrols.
Funds permitting (not guaranteed), the local Task Force may coordinate additional
HVE distracted driving patrols from January 1 — September 30, 2015. Dates of local
patrols will be reported to the WTSC on a quarterly basis by the county Target Zero
Manager. Only work done on Task Force/TZM pre- approved dates will be
considered for reimbursement.
3. CONDITIONS:
For each of the emphasis patrols listed above, Multiiiurisdictional High Visibility
Enforcement Protocols, as outlined in Addendum A of this document will be
followed. These protocols are incorporated in their entirety to this document by
reference. Exceptions to these protocols may only be provided by the WTSC
Program Director.
These are enforcement activities intended to apprehend impaired drivers, distracted
drivers, and unbuckled vehicle occupants. It is expected that Notices of
Infraction /Citation (NOI /C's) will be issued at contact unless circumstances dictate
otherwise.
Standardized Field Sobriety Testing (SFST) Training Requirement
Agency certifies that all officers participating in these patrols are SFST trained. To
meet this requirement:
• Officer must be BAC certified and have passed the SFST refresher
training within the prior three years, or
• Officer must have successfully completed Advanced Roadside Impaired
Driving Enforcement (ARIDE), or
• Officer must be a certified Drug Recognition Expert.
Media Contacts:
Updated: September 15, 2014 Page 3 of 10
All of these patrols are conducted as part of a highly publicized, statewide effort. As
such, publicity campaigns about these patrols are planned to alert the public to the
fact that extra patrols are targeting these violations. Therefore, Agency must provide
the names of at least two agency officers who can be available for media requests
and questions. *At least one of the individuals listed below must be available
for weekend media contacts, beginning at noon on Fridays before
mobilizations:
Name/Title Name/Title
X53- 835- .Z.gSo
SG\n.r Y�_ L'it c)TT
Office Phone & e -mail Office Phone e-mail
►G,,..ct. Sc.L..�,,> � c'ty Lzwy.,CO"
a.a 2. , 3 g l - a3 &L2 0015� -aL t 3'3 9 `1
Cell Phone Cell Phone
9 Available weekends per above ?* ❑ Available weekends per above ?*
4. PAYMENT FOR LAW ENFORCEMENT: Agency will provide commissioned law
enforcement with appropriate equipment (vehicle, radar, PBTs etc.) to participate in
these emphasis patrols. WTSC will reimburse for overtime at 1.5 times officer's
normal rate plus Agency's contributions to employee benefits including FICA,
Medicare, Worker's Compensation and unemployment.
For DUI patrols jail booking costs (booking fee plus daily rate) that result from a law
enforcement officer from one jurisdiction making an arrest while on DUI patrol in
another jurisdiction will be considered for reimbursement with approval of the Target
Zero Manager.
5. SHIFT LENGTH: Agency will not schedule individual officer shifts for longer than
eight hours. (WTSC understands there may be instances when more than eight
hours are billed because of DUI processing, etc.)
6. RESERVE OFFICERS: Agency certifies that any reserve officer for whom
reimbursement is claimed has exceeded his /her normal monthly working hours when
participating in this emphasis patrol and is authorized to be paid the amount
requested. Agency understands that reserve officers are not eligible for overtime for
this project.
7. DISPATCH: WTSC will reimburse communications officers /dispatch personnel for
work on this project providing Agency has received prior approval from their local
Target Zero Manager.
8. GRANT AMOUNT: WTSC will reimburse Agency for overtime salary and benefits.
The total cost of overtime and benefits shall not be exceeded in any one campaign
area and funds may not be commingled between campaign areas.
Updated: September 15, 2014 Page 4 of 10
Upon agreement by the Agency and the local Target Zero Manager, the DUI or
Occupant Protection allocation may be increased or decreased without amending
this agreement PROVIDED THAT the increase in the allocation does not exceed
50% of the original agreed amount for the specific emphasis area. Any increase in
allocation exceeding 50% will require an amendment to this document.
9. PERFORMANCE STANDARDS:
a. Participating law enforcement officers are required to make a minimum of 3
self- initiated contacts per hour of enforcement.
b. Some violator contacts may result in related, time - consuming activity. This
activity is reimbursable.
c. Other activities, such as collision investigation or emergency response that
are not initiated through emphasis patrol contact WILL NOT be reimbursed.
10. REIMBURSEMENT OF CLAIMS: Claims for reimbursement must include:
a. Invoice Voucher (Al9 Form).
1) Agency identified as the "Claimant"
2) Statewide Vendor Number
3) A Federal Tax ID #
4) Original signature of the agency head, command officer or
contracting officer, and
5) Other information denoted by arrows on the form.
b. Payroll support documents (signed overtime slips, payroll documents, etc.).
c. Emphasis Patrol Activity Logs showing 3 or more self- initiated contacts per hour.
Emphasis Patrol Activity Logs cannot be modified.
Payment cannot be made unless these activity logs are included.
The Invoice Voucher (A19 Form), payroll supporting documents, and Emphasis
Patrol Activity Logs shall be submitted to your Target Zero Manager for review and
approval. The Target Zero Manager will forward these documents to WTSC for
processing and payment.
11. DEADLINES FOR CLAIMS
All claims must be approved by your Target Zero Manager, please allow
adequate time for processing in order to meet the following deadlines:
a. First Deadline: All claims for reimbursement for emphasis conducted from
October 1, to June 30, must be received by WTSC no later than August 15,
2015.
Updated: September 15, 2014 Page 5 of 10
b. Second Deadline: All claims for reimbursement for emphasis conducted
between July 1 and September 30 must be received by WTSC no later than
November 15, 2015.
Invoices submitted for reimbursement after the above dates, will not be paid.
WTSC will NOT accept faxed invoices.
12. DISPUTES: Disputes arising under this Memorandum shall be resolved by a panel
consisting of one representative of the WTSC, one representative from Agency, and a
mutually agreed upon third party. The dispute panel shall decide the dispute by majority
vote.
13. TERMINATION: Either party may terminate this agreement upon 30 days written
notice to the other party. In the event of termination of this Agreement, the terminating
party shall be liable for the performance rendered prior to the effective date of
termination.
14. SUPPLANTING DISCLAIMER: I certify that none of the funds for this project
supplant the normally budgeted funds of this agency nor do these funds pay for routine
traffic enforcement normally provided by this agency.
IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT.
� � A�
Agency Signature
�/oy �w.t.,✓L
Printed Name
(Date)
WTSC Signature
Printed Name
(Date)
Agency Address (where fully executed copy of this document will be mailed):
113,A/5
Street '
City, State Zip Attn:
Updated: September 15, 2014 Page 6 of 10
Please return this signed MOU (No later than October 24, 2014) to
your Target Zero Manager:
John Pagel
Kent Police Department
220 4th Avenue South
Kent, WA 98032
Target Zero Manager will forward this signed document to:
Angie Ward, WTSC
621-8 th Avenue SW, Suite 409
PO Box 40944
Olympia, WA 98504 -0944
360.725.9888
No later than October 31, 2014
Updated: September 15, 2014 Page 7 of 10
Addendum A
Multijurisdictional High- Visibility Enforcement Protocols
Purpose
This protocol is intended to guide Target Zero Managers, Law Enforcement Liaisons,
and law enforcement agencies in coordinating multijurisdictional high visibility
enforcement (HVE) mobilizations to address impaired driving, distracted driving, and
seat belt use. These mobilizations are funded by federal highway safety grants.
Goal
The goal of multijurisdictional high - visibility campaigns is to reduce fatal and serious
injury collisions through the coordination of:
Publicity addressing increased enforcement, and
Increased contacts and arrests of violators.
Method
Funding from the Washington Traffic Safety Commission (WTSC) will support
multijurisdictional HVE patrol activities to increase the number of officers working on
impaired driving, distracted driving, and occupant protection enforcement. Public
education and media will be coordinated by the Target Zero Manager and Law
Enforcement Liaison. The law enforcement activity will support the media effort by
demonstrating to the public that the media messages are true; i.e., that "extra
enforcement patrols (with a particular focus) are going on now" so that the public takes
the media messages seriously.
The media work will support the police effort by encouraging voluntary compliance with
the law. The objective of multijurisdictional HVE patrol activities is to change driver
behavior by raising the awareness of increased enforcement.
Definitions:
• HVE is enforcement of the law in conjunction with publicity that draws the
attention of the public to the enforcement activity.
• Multijurisdictional enforcement is defined as a minimum of three law enforcement
agencies (LEA's) or patrol units participating at a designated date and time,
enforcing a specific activity, in a location determined by the local Target Zero
Task Force.
Updated: September 15, 2014 Page 8 of 10
Responsibilities
WTSC:
• Provide Funding.
• Provide state /local traffic fatality and serious injury data.
• Coordinate paid media at the state level for statewide and local mobilizations
(when possible).
• Lead news media efforts for:
• Holiday DUI
• Click It or Ticket
• U Drive. U Text. U Pay
• Drive Sober or Get Pulled Over
Summarize statewide enforcement activity.
Report results to the National Highway Traffic Safety Administration.
Target Zero Manager and Law Enforcement Liaison:
• Lead the development of Multijurisdictional High Visibility Enforcement
Mobilization Plans.
• Report any plans for local DUI, seat belt, or distracted mobilizations to the WTSC
on quarterly basis:
Plans Due:
For local patrols planned for:
October 31, 2014
January — March, 2015
January 30, 2015
April — June, 2015
April 30, 2015
July — September, 2015
*One yearly plan for local mobilizations may be submitted on October 31 in lieu
of three quarterly plans.
• Coordinate mobilization briefings.
• Lead news media and community outreach efforts for local mobilizations.
• Review and approve all MOUs, invoices, and other documentation before
submission to WTSC. This includes follow -up on incomplete invoicing paperwork
and Emphasis Patrol Activity Logs with unexplained low contacts.
• Report local mobilization enforcement totals (by agency and task force) to WTSC
within two weeks of mobilization end date.
Law Enforcement Agencies:
• Send a representative to local task force meetings to plan mobilization locations and
exact dates.
• Ensure availability of agency media contact, noted on page 3 of this agreement,
prior to and during all mobilization dates.
Updated: September 15, 2014 Page 9 of 10
• Provide commissioned police officer(s) (active or paid reserve) with appropriate
equipment (vehicle, radar, etc.) to participate in multijurisdictional HVE patrols.
• Ensure that officers assigned to the multijurisdictional HVE campaigns are qualified
to enforce the impaired driving laws as outlined on page 2, section 3 of this
agreement.
• Require all officers participating in multijurisdictional HVE patrols to attend
mobilization briefings.
• Ensure officers working the overtime conduct a minimum of three (3) self- initiated
contacts per hour.
This is an enforcement activity that is intended to apprehend violators. It is expected
that a Notice of Infraction /Citation (NOI /C) will be issued at contact unless
circumstances dictate otherwise. It is understood that violator contacts may result in
related, time - consuming activity. Such activity will be considered for reimbursement.
Activity other than that initiated through HVE patrol contact (investigating
collisions, emergency responses, etc.) will be the responsibility of the
contracting agency and may not be considered for reimbursement.
• Require officers to complete and submit multijurisdictional HVE patrol productivity on
WTSC Emphasis Patrol Activity Log.
Agency Signature Date
Updated: September 15, 2014 Page 10 of 10
COUNCIL MEETING DATE: October 21, 2014 ITEM #: -.) ( n
.............._..._ ..._...................................... .................... _. ............................... __..__.._......._.._._._.._. .................................. ......... _ ........ ._.... ...... _ ....... ...... ............... ................................................................................................................... _. ............................. _._........................................................................... ............................... .
CITY OF FEDERAL WAY
CITY COUNCIL
SUBJECT: INTERLOCAL AGREEMENT WITH KING COUNTY, FOR USE OF ELECTRONIC FINGERPRINT
EQUIPMENT PROVIDED BY THE REGIONAL AFIS PROGRAM
POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department accept the Interlocal
Agreement with King County, for Use of Electronic Fingerprint Equipment Provided by the Regional AFIS
Program?
COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: Oct. 14, 2014
Council Committee (PRHS &PS)
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Cathy Schrock Civilian Operations Manager DEPT: Police
..._...__._ ..................................... .......................-- -_.._. .......Y __ .... _ .......... ..................__...__._P... .. ..................... __ ... _ .................. ........ _.... .................... _ ................ __..._ ........... _... .... _ ..... _ ...... . .. ................................
.
Attachments:
1. PRHS &PS Staff Memo
2. ILA with King County
Options Considered:
1. Accept ILA
2. Reject ILA ................. ...............................
MAYOR'S RECOMMENDATIO
MAYOR APPROVAL: I�RECTOR APPROVAL: —00'r7—
Co m1 ncil f Initial
CHIEF OF STAFF: ,1% ruv�N''
y Coun ' d
COMMITTEE RECOMMENDATION: "I move to forward the prosed Interlocal Agreement (ILA) with King County
to the October 21, 2014 City Council Consent Agenda for approval. "
Committee Chair Committee Member Committee Merhber —
PROPOSED COUNCIL MOTION: "I move approval to accept the Interlocal Agreement (ILA) with King County
for Use of Electronic Fingerprint Equipment Provided by the Regional AFIS Program, and authorize the Chief
of Police to sign said Interlocal Agreement (ILA). "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1sT reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED— 08/12/2010 RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: October 14, 2014
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy Hwang, Chief of Police
SUBJECT: Interlocal Agreement with King County, for Use of Electronic Fingerprint
Equipment Provided by the Regional AFIS Program
Background
King County's regional Automated Fingerprint Identification System (AFIS) program, under the
administration of the Sheriff's Office, is in the process of establishing an Interlocal Agreement
(ILA) with each agency in the county that provides law enforcement and/or booking services.
The ILA addresses use and maintenance of electronic fingerprint equipment provided to the
agencies by the AFIS Program.
By way of a King County property tax levy, the AFIS program funds these Livescans and Mobile
ID devices located throughout the county. This equipment is the means by which fingerprints are
transmitted into the AFIS computer, resulting in the positive identification of individuals.
Livescan is an electronic fingerprinting station that submits fingerprints and palm prints to the
King County AFIS computer. The prints are matched against other fingerprint records as well as
"latent" prints collected at crime scenes. Along with fingerprints, related arrest information is
forwarded to the Washington State Patrol and FBI for entry onto state and national rap sheets.
Livescans have been in operation at jails and police departments in the county since the late
1990's. In many locations, they are also used to fingerprint citizens applying for various permits
or licenses. Throughout 2015 and 2016, the AFIS program will replace the Livescans with
updated versions.
Mobile ID is a wireless, handheld device used by the officer in the field to submit an individual's
prints when identity is in question. This remote search against the AFIS computer provides an
"ID" response in less than two minutes. It gives the officer information when determining
whether to take a person into custody. The device is also used to identify injured and/or deceased
individuals. The Mobile ID infrastructure and devices were successfully piloted in King County
for the past three years. The AFIS program has purchased 250 additional devices for distribution
throughout the county this fall.
No ILA currently exists to address the use and maintenance of this equipment. This ILA
essentially memorializes and clarifies expectations, responsibilities, and practices in place for
many years at agencies already using Livescans.
The ILA also contains a Mobile ID policy that the police agency would be agreeing to
implement. This policy was reviewed by police agencies and American Civil Liberties Union
(ACLU) representatives. The ACLU's concerns were that:
1) Officers could fingerprint individuals without cause
2) The prints would be retained
These concerns are addressed in the policy, and the ACLU representatives were satisfied with the
AFIS Program's responses, as follows:
1) The officer must have probable cause, reasonable suspicion, and/or an articulable reason
to question a subject's identity
2) The prints are used for a one -time search and response and will not be retained in the
AFIS database
The ILA is the same for each city and /or entity within King County. It was vetted with a
sampling of jurisdictions within King County and reflects those agencies' input. If approved, the
ILA would be in effect from year to year unless modified or terminated in accordance with the
terms outlined in the agreement.
FINANCIAL IMPACT:
The current AFIS levy, 2013 -2018, funds this equipment. If the AFIS program receives
continued support into the future, it intends to continue the purchase, maintenance, and
replacement of equipment as needed. The only costs to the agency are: minimal IT staff time to
assist AFIS program staff in setting up the software, hardware, and network connections; time for
officers to receive training and report any issues; and any on-site change that may be needed to
prepare for installing a Livescan station. This information is further addressed in the ILA.
JAG funds support all components of the criminal justice system. JAG funded projects may
address crime through the provision of services directly to individuals and/or communities and
by improving the effectiveness and efficiency of criminal justice systems, processes, and
procedures.
Staff recommendation
Staff recommends the acceptance of the Interlocal Agreement with King County, for Use of
Electronic Fingerprint Equipment Provided by the Regional AFIS Program.
4
INTERLOCAL AGREEMENT BETWEEN
KING COUNTY AND THE CITY OF FEDERAL WAY
for use of
ELECTRONIC FINGERPRINT CAPTURE EQUIPMENT
THIS AGREEMENT is entered into between King County ( "County") and the city of Federal Way
( "Agency "). The County and the Agency may be referred to individually as a "Party" or collectively as
"Parties."
WHEREAS, the Automated Fingerprint Identification System (AFIS) has proven to be an effective
crime - fighting tool in furtherance of the health, welfare, benefit and safety of the residents within King
County; and
WHEREAS, since January 1, 2013, the County has continued to provide effective AFIS services to
public law enforcement agencies within King County, through a voter approved six (6) year levy, as
authorized by King County Ordinance No. 17381; and
WHEREAS, the Agency wishes to use AFIS services through Electronic Fingerprint Capture Equipment
( "FP Equipment ") including the necessary software and computer equipment, and system maintenance
services;
NOW, THEREFORE, for and in consideration of the promises and covenants contained in this
Agreement, the Parties hereto agree as follows:
I. PURPOSE
The purpose of this Interlocal Agreement is to establish the terms under which FP Equipment, which the
County approves for placement in the Agency, will be used and maintained. This applies to FP
Equipment previously approved for placement in the Agency and FP Equipment approved for placement
in the Agency during the term of this agreement. The goals of this Agreement are to:
• Protect the public by assisting law enforcement in identifying potentially wanted or dangerous
subjects before they are released from custody.
• Protect law enforcement officers by providing information important to officer safety prior to the
release of detained individuals.
Provide efficiency and accuracy in criminal record reporting to the Washington State Patrol
( "WSP ") and the Federal Bureau of Investigation ( "FBI ").
• Improve the quantity and quality of fingerprints available for search in the King County Regional
AFIS Database.
FP Equipment is defined as:
Livescan: stationary electronic fingerprint capture equipment used to obtain full sets of
fingerprints for purposes of searching and storing in AFIS;
Mobile ID: mobile electronic fingerprint capture equipment used to obtain prints from two
fingers for purposes of searching AFIS to determine an individual's identity. These prints are not
stored in AFIS.
Page 1 of 10 Revision Date: 07/22/2014
II. CONTRACT ADMINISTRATION
A. This Agreement shall be administered by the King County Sheriff through the Regional AFIS
Manager or other designee and the Agency Chief of Police or its designee. Each Party's governing
body shall approve this Agreement. Each Party shall inform the other within thirty (30) days of this
Agreement's execution of its respective contract administrator.
III. GENERAL TERMS AND CONDITIONS
A. The County, in its sole discretion, will decide whether to place FP Equipment in the Agency.
B. All FP Equipment purchased by the County and located at the Agency's site shall remain the property
of the County.
C. The County may require the Agency to return FP Equipment to the County at any time, for any
reason.
D. All FP Equipment that has been installed by the King County Regional AFIS Program will be
available for use by any other law enforcement agency operating within King County, if feasible, and
no charge for the use of those devices by other agencies will be levied by the Agency.
E. All FP Equipment shall be used exclusively for biometric purposes only.
F. Statistics, or any information, which is pertinent to the FP Equipment and AFIS Program and
requested by the King County Regional AFIS Manager, will be compiled by the Agency and
submitted as needed.
G. The Agency shall cooperate with the FBI if contacted through a post - processing review of a Mobile
ID match in its database.
H. The County may remove any Agency employee's rights to use FP Equipment at any time, for any
reason.
I. The Agency shall ensure that no Agency employee, officer or agent sells, transfers, publishes,
discloses, or otherwise makes available any FP Equipment, software, documentation or copies
thereof to any third party without the express written authorization of the County.
J. The Agency agrees to notify the County immediately of any FP Equipment access code of any
person who leaves Agency employment so that the County may delete that person's access code in
order to maintain the integrity of the AFIS.
K. The Agency will comply with all FP Equipment requirements as detailed in attached Exhibit A. The
Regional AFIS Manager may revise these requirements at any time. Any revised requirements will
be provided to the Agency and automatically incorporated as a new Exhibit A to this agreement. No
council approval will be required to amend the Exhibit A.
L. The Agency will comply with the Regional AFIS Program Biometric Handheld Fingerprint
Identification Policy. Copy attached as Exhibit B. The Regional AFIS Manager may revise this
policy at any time. Any revised policy will be provided to the Agency and automatically
incorporated as a new Exhibit B to this agreement. No council approval will be required to amend
the Exhibit B.
Page 2 of 10 Revision Date: 07/22/2014
IV. AGENCY LIAISONS AND TRAINING
A. The Agency shall assign at least one (1) Liaison. The Agency may assign separate Liaisons for each
type of FP Equipment.
B. All Agency Liaisons are required to attend training in the proper use of and the administrative
functions of the FP Equipment. Training shall be provided by the County designated Trainer.
C. Agency Liaisons for Livescan are responsible to work with the County to schedule staff training,
provide user access, perform queue maintenance, and conduct system troubleshooting and testing.
D. Agency Liaisons for Mobile ID are responsible to work with the County to schedule Agency staff to
install the Mobile ID software, schedule staff training, and conduct system troubleshooting and
testing.
E. All Agency FP Equipment Operators are required to attend County provided training in the proper
use of the FP Equipment by the County designated Trainer.
V. INSTALLATION AND MAINTENANCE OF ELECTRONIC FINGERPRINT
CAPTURE EQUIPMENT
A. Costs paid by County
The County shall pay for the one -time delivery and installation of the FP Equipment approved for
placement in the Agency. The County shall be responsible for all maintenance costs on the FP
Equipment, unless otherwise specified below.
B. Costs paid by Agency
The Agency shall pay the following costs related to FP Equipment:
1. Any cost for office space remodeling which may be necessary to accommodate the Agency's
Livescan installation;
2. Any internal infrastructure which may be necessary to connect the Agency to the King County
Network. This infrastructure may include a Local Area Network, wiring, or other equipment;
3. Services in connection with the relocation of the FP Equipment or the additional removal of
items of equipment, attachments, features, or other devices, except as may be mutually agreed by
written amendment to this Agreement;
4. Electrical work external to the Agency's FP Equipment;
5. Repair or replacement of damaged or lost FP Equipment from any cause whatsoever, while in
the care, custody and/or control of the Agency;
6. Repair or replacement to FP Equipment due to the FP Equipment being modified, damaged,
altered, moved or serviced by personnel other than County's Contractor or its authorized
representative;
7. Purchase of consumable FP Equipment supplies, such as printer toner cartridges, cleaning
supplies, and gloves;
Page 3 of 10 Revision Date: 07/22/2014
8. Agency employee salary cost and any overtime pay which may be necessary to complete initial
or ongoing use or training for FP Equipment;
9. Cost of integrating any Agency system to the FP Equipment.
10. Costs associated with moving FP Equipment.
11. Costs associated with preventative cleaning of FP Equipment.
C. The County shall act as the point of contact for any questions or service calls from the Agency that
need to be relayed to the FP Equipment Contractor. The County shall have a contact person
available twenty -four (24) hours a day, seven (7) days a week.
D. The Agency shall provide a means of gaining access to the FP Equipment twenty -four (24) hours a
day, seven (7) days a week for the purpose of installation, service calls, regular maintenance and
special maintenance, when agreed upon in advance between parties. The Agency shall permit the
County and/or the FP Equipment Contractor prompt and free access to the FP Equipment, including
the ability to access the Livescan remotely.
E. The Agency will not make or permit any person other than the County or the FP Equipment
Contractor to make any adjustment or repair to the FP Equipment. The Agency will not relocate,
modify, change, or attempt to connect said FP Equipment without the prior written permission of the
AFIS Regional Manager. The Agency will not attempt to service the FP Equipment, except for
normal cleaning, and will not permit anyone other than the County or the FP Equipment Contractor
to perform maintenance services in connection with the FP Equipment.
F. The Agency shall promptly notify the County of any error, defect, or nonconformity in the FP
Equipment.
G. The Agency shall perform preventative cleaning of the FP Equipment in accordance with the written
instructions and schedules provided by the County.
H. Any local system or network changes that would affect the FP Equipment or King County network
must be reviewed by King County prior to implementation.
I. The Agency shall provide and maintain the network required to submit electronic fingerprint
transmissions, in compliance with the FP Equipment Security Policy as described in Exhibit A.
VI. DURATION, TERMINATION AND AMENDMENT
A. This Agreement shall become effective when it is signed by both Parties.
B. This Agreement shall continue in full force and effect from year to year unless modified or
terminated in accordance with the terms of this Agreement.
C. This Agreement may be terminated or suspended by either Party without cause, in whole or in part,
by providing the other Party's administrator, as described in Article 2, thirty (30) days advance
written notice of the termination.
D. If County or other expected or actual funding is withdrawn, reduced, or limited in any way the
County may, upon written notification to the Agency's administrator, as described in Article 2,
terminate or suspend this Agreement in whole or in part and such termination or suspension may take
place immediately.
Page 4 of 10 Revision Date: 07/22/2014
E. This Agreement shall terminate without penalty in the event that, in the opinion of the County, AFIS
levy proceeds are, for whatever reason, no longer available for purposes of this Agreement.
F. Upon termination of this Agreement, the Agency shall cooperate in the return of all King County
property to the County. Such a return would be coordinated by the Regional AFIS Manager.
G. As described in Section III.M and N, any changes to Exhibit A or B may be made by the Regional
AFIS Manager. All other amendments to this Agreement must be agreed to in writing by the parties.
VII. INDEMNIFICATION AND LIMITATION OF LIABILITY
A. In no event will the County be liable for loss of data, loss of use, interruption of service,
incompleteness of data and /or for any direct, special, indirect, incidental or consequential damages
arising out of this Agreement or any performance or non - performance under this Agreement.
B. The Agency shall indemnify, defend and hold harmless the County and its officers, agents, and
employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses, and
damages of any nature whatsoever, by reason of or arising out of or in any way relating to the
installation, maintenance or use of the County's FP Equipment including any claimed violation of
any person's civil rights. The foregoing indemnity is specifically and expressly intended to constitute
a waiver of the Agency's immunity under Washington's Industrial Insurance act, RCW Title 51, as
respects the County only, and only to the extent necessary to provide the County with a full and
complete indemnity of claims made by the Agency's employees. The parties acknowledge that these
provisions were specifically negotiated and agreed upon by them. In the event that any suit based
upon such a claim, action, loss, or damage is brought against the County, the Agency shall defend the
same at its sole cost and expense; provided, that, the County retains the right to participate in said
suit at its own expense if any principle of governmental or public law is involved; and if final
judgment be rendered against the County and its officers, agents, and employees, or any of them, or
jointly against the County and the Agency and their respective officers, agents, and employees, or
any of them, the Agency shall satisfy the same.
C. The County assumes no responsibility for the payment of any compensation, fees, wages, benefits or
taxes to or on behalf of the Agency, its employees, contractors or others by reason of this Agreement.
D. The Agency shall protect, indemnify and save harmless the County, its officers, agents and
employees from any and all claims, costs and losses whatsoever occurring or resulting from (1) the
Agency's failure to pay any compensation, wage, fee, benefit or tax, and (2) the supplying to the
Agency of work, services, materials or supplies by Agency employees or agents or other contractors
or suppliers in connection with or in support of performance of this Agreement.
E. The indemnification, protection, defense and save harmless obligations contained herein shall survive
the expiration, abandonment or termination of this Agreement.
VIII. CHOICE OF LAW AND VENUE
This Agreement will be governed by the laws of the State of Washington, both as to interpretation and
performance. Any action at law, suit in equity or other judicial proceeding for the enforcement of this
Agreement may be instituted only in King County Superior Court.
IX. DISPUTES
The Parties shall use their best, good -faith efforts to cooperatively resolve disputes and problems that
arise in connection with this Agreement. Both Parties will make a good faith effort to continue without
Page 5 of 10 Revision Date: 07/22/2014
delay to carry out their respective responsibilities under this Agreement while attempting to resolve the
dispute under this section.
X. NO THIRD PARTY BENEFICIARIES
There are no third party beneficiaries to this Agreement, and this Agreement shall not impart any rights
enforceable by any person or entity that is not a party hereto.
XI. WARRANTY OF RIGHT TO ENTER INTO AGREEMENT
The Parties each warrant they have the authority to enter into this Agreement and that the
persons signing this Agreement for each Party have the authority to bind that Party.
XII. ENTIRE AGREEMENT
No change or waiver of any provision of the Agreement shall be valid unless made in writing and
executed in the same manner as this Agreement. Except as to modifications to Exhibits A & B, the
governing body of each Party shall approve any amendment to this Agreement. This Agreement
constitutes the entire agreement between the Parties with respect to the subject matter hereof and
supersedes all previous agreements, written or oral, between the Parties with respect to the subject matter
hereof.
KING COUNTY AGENCY:
NAME OF PERSON SIGNING I NAME OF AGENCY
TITLE OF PERSON SIGNING
DATE SIGNED
EXHIBITS:
NAME OF PERSON SIGNING
TITLE OF PERSON SIGNING
DATE SIGNED
A: FP Equipment Requirements
B: Biometric Handheld Fingerprint Identification Policy
Page 6 of 10 Revision Date: 07/22/2014
EXHIBIT A
FINGERPRINT EQUIPMENT
REQUIREMENTS
I. LIVESCAN SPECIFIC REQUIREMENTS
A. Environmental
The County shall provide an Uninterruptible Power Supply ( "UPS ") to be used with the Livescan
equipment at no cost to the Agency.
The Agency shall provide the County with a minimum of two fixed IP addresses to be used only for the
Livescan system and fingerprint card printer.
Cities must provide the proper environment for the Livescan, to include:
1. Consistent temperature ranging from 60 to 80 degrees Fahrenheit.
2. Consistent humidity ranging from 20% to 80% non - condensing.
3. Network connections no more than 3 -4 feet from equipment.
4. Total of 4 power outlets within 3 -4 feet of the Livescan system.
Note: It is recommended that Cities have a dedicated 120 V, 1 SAmp, 60Hz power line for the Livescan to avoid
circuit overload.
B. Local Interfaces
Livescans may be integrated with local records management systems provided that:
1. All development and installation costs are paid by the Agency
2. The integration specifications are provided for review and approval by the County prior to
implementation
3. The integration is tested by the County prior to implementation
C. Fingerprint, Palmprint and Arrest Record Transmission
1. All Agency criminal misdemeanor, gross misdemeanor, and felony fingerprints and palmprints,
on both adults and juveniles, will be electronically transmitted to the King County Regional
AFIS database for search and registration.
2. The King County Regional AFIS will transmit the Agency's fingerprint images, charge and
demographic data, electronically to the Washington State Patrol for processing.
3. The Agency will be solely responsible for the accuracy of all demographic and charge
information on its fingerprint and palmprint submissions. The County will not edit any suburban
Agency demographic or charge information prior to submitting to Washington State Patrol.
Page 7 of 10 Revision Date: 07/22/2014
H. MOBILE IDENTIFICATION SPECIFIC REQUIREMENTS
The Agency must provide the proper environment for the Mobile ID software, to include:
A. The Mobile Data Terminal or patrol vehicle mounted laptop running Windows 7 (32 or 64 bit)
operating system.
B. The patrol vehicle must be a physically secure location according to current Criminal Justice
Information Services Security Policy.
III. QUALITY CONTROL
Maintaining the quality of the Regional AFIS database is important in order to continue our region's
ability to identify criminals and solve crimes. The Agency shall submit electronically captured
fingerprints and palmprints (where applicable) to the Regional AFIS database that are of the best possible
quality. The County will provide training to Agency staff, either through the FP Equipment Contractor
or the County. The Agency and County will work together to ensure that all users are trained to
competency. The County will review the quality of electronically captured prints and inform Agency of
operators not meeting standards. These operators may be required to repeat training, and must improve
their overall quality, in order to maintain access to the FP Equipment.
IV. NETWORKING
The Agency will provide coordination of Agency IT staff, when needed, to ensure secure networking is
in place.
The Agency shall report, in advance when possible, all network changes and/or outages which have the
potential to disrupt FP Equipment connectivity. Reporting can be made via the King County Service
Request Line (206- 263 -2777) or the AFIS IT mailbox (AFISITHelp a7kin cg_ oun_ty.gov).
V. SECURITY
A. Roles and Responsibilities
Each participating Agency is responsible for establishing appropriate security control.
All member Cities shall provide security awareness briefing to all personnel who have access to King
County FP Equipment.
B. Monitoring
All access attempts are logged and/or recorded and are subject to routine audit or review for
detection of inappropriate or illegal activity.
Security- related incidents that impact County FP Equipment data or communications circuits shall be
reported immediately upon discovery by the Agency to the King County Regional AFIS Program.
C. Physical Security
Cities must assume responsibility for and enforce the system's security standards with regard to all
Cities and users it services. The Agency must have adequate physical security to protect against any
unauthorized access to FP Equipment, or stored /printed data at all times.
Page 8 of 10 Revision Date: 07/22/2014
D. Network Environment Security
Cities hosting the connection of FP Equipment shall ensure adequate security measures are taken to
provide protection from all forms of unauthorized and unsolicited access to FP Equipment. These
security measures will be in compliance with Federal Information Processing Standard (FIPS) 140 -2.
Cities are required to provide, manage, and maintain a firewall that segments the FP Equipment from
any foreign non - public safety networks.
Any exceptions to this or any other network security requirement must be approved by the Regional
AFIS Manager under the guidance of King County by and through its Sheriff's Office Information
Services Section and King County Information Technology.
If a security breach occurs and personal identifiable information or confidential data is released or
compromised, the host Agency shall bear the responsibility and costs to notify affected individuals
whose information was released or compromised. This will be completed in accordance with any
applicable state or federal laws.
Page 9 of 10 Revision Date: 07/22/2014
EXHIBIT B
ImBIOMETRIC HANDHELD FINGERPRINT IDENTIFICATION POLICY
King County Regional Automated Fingerprint Identification System (AFIS)
PURPOSE
To provide direction for the use of the biometric handheld fingerprint identification devices, more
commonly known as a mobile identification device or Mobile ID. If an agency wishes to adopt its own
or deviate from this policy, the agency must present its request to the Regional AFIS Manager.
PROGRAM
King County's regional AFIS program has initiated a Mobile ID project, involving the use of wireless
remote fingerprint identification throughout the county. The project is designed to assist in identifying
persons whose identities are in question. While the fingerprint verification process already exists in
King County, Mobile ID moves this function to law enforcement first responders, resulting in a more
timely identification process.
The system scans the fingerprints at the Mobile ID device and transmits wirelessly to the King County
AFIS. If the fingerprints are in the AFIS database, a positive match returns the person's specific
identifiers to the Mobile ID device or officer's mobile computer.
In the future, a simultaneous search may also be conducted to search Washington State Patrol's AFIS
database and an FBI database known as the Repository for Individuals of Special Concern (RISC).
A. Only officers trained by AFIS program staff and operating under the guidelines of the Mobile
ID project may use the device.
B. In the event that lack of usage by the assigned officer is a concern, the AFIS program will
communicate with the agency and provide retraining and /or direct a reassignment of the device.
C. Any use of the device not consistent with this policy and /or law enforcement purposes may
result in reassignment or forfeiture of the device, and /or a deactivation of access to the AFIS
database. Additionally, any violation of the Mobile ID policy /procedure, or of federal or state law, may
subject the officer to internal discipline by his /her agency.
PROCEDURE
The use or retention of any Mobile ID- collected data shall conform to federal and state laws. It must
also conform to individual agency policy as well as the AFIS program procedure as follows:
A. An officer may use Mobile ID when there is probable cause to arrest a suspect.
B. An officer may also use Mobile ID during a Terry Stop based upon reasonable suspicion. If a
person provides a driver's license or other valid means of identification, or gives the officer a name
that can be confirmed through a driver's license check, that form of identification should suffice without
the use of Mobile ID. However, if there are articulable facts that give rise to reasonable suspicion
regarding the accuracy of a person's identity, the officer may use Mobile ID to verify identity.
C. Absent probable cause or reasonable suspicion of criminal activity, a person may consent to
an officer's request to use Mobile ID. However, the consent must be voluntary as defined by current
Washington case law; i.e., the person must be informed that he /she has a right to refuse the officer's
request.
D. Use of the device shall be documented in any report generated as a result of the contact. The
officer must articulate the specific facts that support the basis for the use of Mobile ID and must state
the voluntary compliance of the Mobile ID if used without arrest, probable cause, or reasonable
suspicion.
Page 10 of 10 Revision Date: 07/22/2014
COUNCIL MEETING DATE: October 21 2014 ITEM 4:
._......_............- ............._.............._......._......_............................._..............----.........._...................._...... .............................._ ._......_ ............. _ ........ - ......... --- ..... .... __ ... _ ....................................................... ............... ......... ... _.._...._........ -- .... - - - - --
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: T- MOBILE SITE LEASE RENEWAL — LAKOTA PARK
POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE RENEWAL OF THE WIRELESS SITE LEASE
AND AUTHORIZE THE MAYOR TO EXECUTE THE AMENDMENT?
COMMITTEE: PARKS RECREATION HUMAN SERVICES& PUBLIC MEETING DATE: October 14,
SAFE'T'Y 2014
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Amv Jo Pearsall DEPT: Law
T- Mobile entered into a Lease Agreement with the City on April 12, 2000 for installation and operation of
certain equipment on City owned land located on the BPA trail for use in connection with its wireless telephone
communications service. The lease term was extended for two additional five year terms and will expire on
December 14, 2014. T- Mobile has requested to renew the lease for an additional five year term pursuant to the
terms of the lease. The current monthly rental rate is $2,631.02 and will increase by 3% to $2,737.15 beginning
January 1, 2015. The monthly rental rate will escalate by 3% each January 1, thereafter during the term of the
lease.
Options Considered: 1. Recommend approval of the lease renewal and authorize the Mayor to
execute the amendment.
2. Reiect the lease renewal.
MAYOR'S RECOMMENDATION: Recommend approval of the lease renewal and authorize the Mayor to
execute the amendment. ,.1 _ .-1
MAYOR APPROVAL: i `DIRECTOR APPROVAL: q 30 /y
Com itt9 -until Initial
CHIEF OF STAFF:
Commi ee Council
COMMITTEE RECOMMENDATION: I move to forward the proposed Second Amendment to the T- Mobile Site
Lease to the October 21, 2014 consent agenda for approval.
Oe
Committee Chair Committee Member Committee Mem er
PROPOSED COUNCIL MOTION: "I move approval of the Second Amendment to the T- Mobile Site Lease at
Lakota Park, beginning December 15, 2014 and terminating on December 31, 2019, and authorize the Mayor
to sign said amendment. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL
ACTION:
❑
APPROVED
COUNCIL BILL #
❑
DENIED
1ST reading
❑
TABLED/DEFERRED/NO ACTION
Enactment reading
❑
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED
- 02/06/2006
RESOLUTION #
SECOND AMENDMENT
TO
SITE LEASE AGREEMENT
(AG # 00 -172)
This Second Amendment to Site Lease Agreement ( "Second Amendment ") is dated effective
this day of , 2014 ( "Second Amendment Effective Date "), and is entered into
by and between the City of Federal Way, a Washington municipal corporation ( "City "), and T-
Mobile West LLC, a Delaware limited liability company, formerly known as T- Mobile West
Corporation, a Delaware corporation, which was successor -in- interest to VoiceStream PCS III
Corporation, a Delaware corporation ( "Tenant ").
RECITALS
A. The City and Tenant's predecessor in interest, VoiceStream PCS III Corporation ( "VS
PCS III') entered into a Lease Agreement dated effective April 12, 2000 ( "Original Agreement "),
whereby the City agreed to lease to VS PCS III, as Tenant, a portion of the space on and air -space
above the City Property, as amended by the First Amendment to Site Lease Agreement dated
September 22, 2010 ( "First Amendment "), executed by the City and T- Mobile West Corporation (the
Original Agreement and the First Amendment are sometimes collectively referred to herein as, the
"Lease ").
B. Section 2 of the Lease provides that Tenant may renew the Lease for three (3)
additional five (5) year terms.
C. Section 27.b. of the Lease provides that any modification of or amendment to the
Lease must be in writing and executed by both parties.
D. The First Amendment renewed the Lease for a five (5) year term which expires on
December 14, 2014.
E. The City and the Tenant agree and desire to amend the Lease to renew the term of the
Lease for an additional five (5) years, which will constitute the second (2nd) Renewal Term ( "Second
Renewal Term ").
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants contained herein and for
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties agree to the following terms and conditions:
Term.
Pursuant to Section 4 of the Lease, the Lease shall be renewed for an additional five (5) year
term commencing on December 15, 2014, and expiring December 31, 2019, unless earlier terminated
pursuant to the terms of the Lease.
T- Mobile Site ID:
SE04653A, Lakota Park _ 1 _
2. Rent.
Commencing on January 1, 2015, the monthly Rent under the Lease shall be modified to
Two Thousand Seven Hundred Thirty -seven and 15 /100 Dollars ($2,737.15) per month.
3. Rent Escalation. Section 3.b. of the Original Agreement and the second complete
sentence of Section 3 of the First Amendment shall be amended as follows:
"Commencing on Second Amendment Effective Date, the Rent escalation shall be modified
from four percent (4 %) to three percent (3 %). The first escalation per this section shall occur on
January 1, 2016 and each January 1st thereafter."
4. Notices.
Section 16 of the Lease shall be amended to change the notices addresses for the City and
Tenant as follows:
If to City: City of Federal Way
City Attorney
33325 Eighth Avenue South
Federal Way, WA 98003
With a copy to: City of Federal Way
Mayor
33325 Eighth Avenue South
Federal Way, WA 98003
If to Tenant: T- Mobile USA, Inc.
12920 SE 381h Street
Bellevue, WA 98006
Attn: Lease Compliance /SE04653A
5. Full Force and Effect. The terms and conditions of the Lease are incorporated herein
by this reference, along with the Recitals herein, and capitalized terms used in this Second
Amendment shall have the same meanings such terms are given in the Lease. Except as specifically
set forth herein, all other terms and conditions of the Lease not modified by this Second Amendment
shall remain in full force and effect. To the extent there is any conflict between the terms and
conditions of the Lease and this Second Amendment, the terms and conditions of this Second
Amendment will govern and control.
6. Authori . The persons who have executed this Second Amendment represent and
warrant that they are duly authorized to execute this Second Amendment in their individual or
representative capacity as indicated.
T- Mobile Site ID:
SE04653A, Lakota Park _ 2 -
DATED the effective date set forth above.
CITY OF FEDERAL WAY
LOU
ATTEST:
City Clerk
Jim Ferrell, Mayor
33325 8t' Ave South
Federal Way, WA 98003
APPROVED AS TO FORM:
Amy Jo Pearsall, Interim City Attorney
T- MOBILE WEST LLC, a Delaware limited
liability company
By:
Name:
Its:
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me to me known to be the
of T- Mobile West LLC, a Delaware limited liability company,, that
executed the foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath
stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the
corporate seal of said corporation.
GIVEN my hand and official seal this day of , 2014.
(typed /printed name of notary)
Notary Public in and for the State of
My commission expires
T- Mobile Site ID:
SE44653A, Lakota Park _ 3 _
COUNCIL MEETING DATE: October 21, 2014 ITEM #: CP cot
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: RE- APPOINTMENTS TO THE LODGING TAX ADVISORY COMMITTEE
POLICY QUESTION: Should the City Council re- appoint members to serve on the Lodging Tax Advisory
Committee?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office
Background: The Lodging Tax Advisory Committee (LTAC) is comprised of a minimum of five- members who
serve two -year terms. Members must represent businesses which are required to collect lodging tax, or
businesses authorized to be funded by lodging tax revenues (minimum of two each).
Three positions on the Committee will expire on October 31, 2014. All three members serving on the Committee
are seeking reappointment (Jenny Vasquez, Joann Piquette, and Rose Ehl). In accordance with the Council Rules
of Procedure, the Council will not interview applicants already serving on a Committee and may re- appoint
members seeking additional terms.
Options Considered:
1. Re- appoint Jenny Vasquez, Joann Piquette, and Rose Ehl to the LTAC Committee for two -year
terms expiring October 31, 2016.
2. Direct the City Clerk to advertise for additional applicants.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A N/A DIRECTOR APPROVAL: N/A
Committee Council Committee Council
COMMITTEE RECOMMENDATION: N/A
PROPOSED COUNCIL MOTION: "I move the following re- appointments to the Lodging Tax Advisory
Committee... "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/2010 RESOLUTION #
COUNCIL MEETING DATE: October 21, 2014
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
SUBJECT: ORDINANCE: Proposed amendments to the Federal Way Revised Code (FWRC) related to the siting of
marijuana- related businesses.
POLICY QUESTION: Should the City prohibit the siting of marijuana - related businesses?
COMMITTEE: LUTC MEETING DATE: October 6, 2014
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stacey lsh, Associate Planner DEPT: CD
..................................._....._................................................................................}'.._............_......._..........._.................._......._.................._........................................................_......................................_............................._._............_..........................._.__..._._...__..._........._...._.............._......_..... ...._....._.....__.._.......... ....._
Attachments: 1) Staff Memo to the LUTC; 2) Draft Ordinance; 3) September 17, 2014 Staff Report to the Planning
Commission with Exhibits A -D; 4) August 20, 2014 Staff Report to the Planning Commission with Exhibits; 5) Draft
Minutes of the September 17, 2014 Planning Commission Public Hearing; and 6) Minutes of the August 20 , 2014
Planning Commission Study Session; and 7) Comment letter from George Garrett dated September 17, 2014.
Options Considered: 1) Adopt the Planning Commission's recommendation as shown in the Draft Ordinance; 2) Adopt
the Planning Commission's recommendation as further amended by the LUTC; 3) Do not adopt the Planning
Commission's recommendation.
PLANNING COMMISSION'S RECOMMENDATION: The Planning Commission recommends prohibiting
marijuana - related busines,,eawithin the city limits expressed in the Draft Ordinance.
MAYOR APPROVAL:
CHIEF OF STAFF:
1//
V D RECTOR APPROVAL:
COMMITTEE RECOMMENDATICK: I move to forward the proposed ordinance to First Reading and Enactment
on October 21, 2014.u.�i +k LJG iMy)U--, tC sf E +1 YCD_ pa- Y-e- A0 C;X_ e 4l\-st 0-n tv tiv—,
Imc�ra+i�fiam a +� rnic�.� cc��. rnari,tktGid,
Bob Celski, Chair
PROPOSED COUNCIL MOTION(S):
"I move approval of the proposed ordinance. "
ber
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
IST reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REV[SED— 08/12/2010
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: September 24, 2014
TO: Land Use and Transpo tion Committee
VIA: Jim Ferrell, Mayor
FROM: Janet Shull, Senior anner(' G y
SUBJECT: Marijuana Related Busine es
BACKGROUND:
On November 5, 2013, the City Council enacted a moratorium on marijuana - related land uses. The
moratorium is due to expire on November 5, 2014.
Staff conducted research on the potential implications of siting marijuana- related businesses as allowed
under Initiative 502 (I -502) if the City Council were decide to allow such uses within Federal Way.
A summary of the research findings and recommendations for amending the Federal Way Revised Code
(F)vVRC) Chapter 19 — Zoning to allow for marijuana - related businesses can be found in Staff Reports to
the Planning Commission dated September 17 and August 20, 2014 and attached to the Council Agenda
Bill as Attachments 3 and 4 respectively.
The staff recommendations for allowing marijuana- related uses were aligned with the requirements of I-
502 and the Washington State Liquor Control Board ( WSLCB).
Preliminary recommendations were reviewed with the Planning Commission at a study session conducted
on August 20, 2014. At the conclusion of the study session, staff was directed to proceed with
development of final recommendations for siting of marijuana- related businesses to be considered during
a public hearing.
Final staff recommendations were presented during the public hearing held on September 17, 2014.
There was no public testimony, but one letter was submitted for the record on behalf of George Garrett
(Attachment 7). Mr. Garrett is one of three WSLCB lottery winners in Federal Way and desires to
operate a marijuana retail business.
At the public hearing, the Planning Commission discussed the staff recommendation and had some
concerns regarding the application of state - required separation standards of sensitive land uses from
marijuana - related businesses. Discussion focused on whether or not there should be additional use
categories added to the state - mandated requirements (churches and group homes type lII). Following the
discussion, a motion was made and seconded to ban marijuana- related uses in Federal Way. There was no
discussion following the motion. The vote was taken, and the motion passed 5 to 1.
Therefore, the recommendation before the LUTC is to prohibit marijuana- related businesses in Federal
Way. A draft Ordinance (Attachment 2) has been prepared based on this recommendation.
Staff would like to point out that the draft regulations only pertain to marijuana - related businesses, and
therefore may not address all medical marijuana uses currently allowed under state law. At the time of
ATTACHMENT I
September 24, 2014
Land Use and Transportation Committee
Page 2
enactment of the moratorium, there was an expectation that there would be further guidance from the state
regarding medical marijuana uses, but that guidance was not forthcoming. Therefore, staff proceeded with
land use regulations for the marijuana- related uses governed by I -502.
The planning commission recommendation before the LUTC is for a ban on marijuana - related businesses.
There may be a question as to whether or not the ban would specifically apply to medical marijuana
dispensaries.
If the LUTC would like to recommend to the City Council that the ban also specifically address medical
marijuana dispensaries, then staff recommends that the LUTC direct staff to amend Section I of the draft
ordinance to read as follows:
"Section 1. Recreational and medical marijuana- related businesses such as marijuana
production, processing or retail sales, including medical marijuana dispensaries, as may be
allowed by State Law, are expressly prohibited from locating or operating in any zone within the
City of Federal Way."
The ban would not apply to medical marijuana collective gardens as authorized by RCW 69.51A:085.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission recommends prohibiting marijuana- related businesses within the city as
expressed in the Draft Ordinance.
LUTC OPTIONS:
The LUTC has the following options:
Recommend adoption of the Planning Commission's recommendations as shown in the Draft
Ordinance;
Recommend adoption of the Planning Commission's recommendation as further amended by the
LUTC; or
Do not recommend adopting the Planning Commission's recommendations.
cc: Project File
Day File
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating
to prohibiting all marijuana - related businesses including retail,
production and processing.
WHEREAS, in November 2012, Washington State voters approved Initiative 502 (I -502),
codified in RCW Chapter 69.50, which "authorizes the Washington State Liquor Control Board to
regulate and tax marijuana for persons twenty -one years of age and older," and license marijuana
producers, processors, and retailors; and
WHEREAS, on November 5, 2013 the City of Federal Way City Council passed Ordinance NO.
13 -749 imposing a one year moratorium on marijuana collective gardens and other activities involved in
the sale, manufacturing, or distribution of marijuana to allow for time to determine how best to respond to
1 -502 within the City; and
WHEREAS, the proposed Washington State Liquor Control Board recreational marijuana rules
do not affect local zoning and building regulations, but do place location restrictions on recreational
marijuana businesses; and
WHEREAS, staff prepared draft code amendments related to the siting of marijuana- related
businesses, including marijuana production, processing and retail sales; and
WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for
the draft code amendments on September 5, 2014, and no comments or appeals were received and the
DNS was finalized on October 3, 2014; and
WHEREAS, the Planning Commission conducted a public workshop on the proposed code
amendments, on August 20, 2014; and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these
code amendments on September 17, 2014; and
Ordinance No. 14- Page I of 3
Rev I /IGLU
ATTACHMENT 2
WHEREAS, during the public hearing, the Planning Commission discussed the proposed code
amendments and identified concerns regarding the relationship of marijuana- related businesses with other
permitted uses that could potentially locate near them; and
WHEREAS, following discussion of the proposed code amendments, the Planning Commission
voted to forward a recommendation to prohibit marijuana- related businesses in the city to the City
Council; and
WHEREAS, the Land Use /Transportation Committee of the Federal Way City Council
considered the Planning Commission's recommendation on October 6, 2014, and recommended adoption
of the Planning Commission recommendation; and
WHEREAS, the City Council finds that prohibiting marijuana- related businesses, including
marijuana production, processing and retail sales, as a land use is in the best interest of the citizens of the
City of Federal Way; and
WHEREAS, on January 16, 2014, the Washington State Attorney General issued an opinion
(AGO 2014 -2) offering the opinion that Initiative 502 does not preempt counties, cities and towns from
banning marijuana production, processing and retail businesses within their jurisdictions, and concluding
that the issuance of a license from the Liquor Control Board does not entitle licensees to locate or operate
a marijuana production, processing or retail business in violation of local rules or without necessary
approval from local jurisdictions, concluding that local jurisdictions are permitted under the law to
prohibit such activities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Marijuana- related businesses, such as marijuana production, processing or retail sales,
as may be allowed by State Law are expressly prohibited from locating or operating in any zone within
the City of Federal Way.
Section 2. =Severabilit3. The provisions of this ordinance are declared separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the
Ordinance AV 14- Page 2 of 3
Rev 1 /10 LU
invalidity of the application thereof to any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to any other persons or circumstances.
Section 3._ Corrections. The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but not limited to, the correction of scrivener /clerical
errors, references, ordinance numbering, section /subsection numbers, and any references thereto.
Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 5. Effective Date. This ordinance shall be effective five (5) days after passage and
publication as provided by law.
PASSED by the City Council of the City of Federal Way this 21" day of October, 2014.
CITY OF FEDERAL WAY
MAYOR, JIM FERRELL
ATTEST:
CITY CLERK, STEPHANIE COURTNEY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, AMY JO PEARSALL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 14- Page 3 of 3
Rev I /10 LU
11k
CITY Of
Federal Way
STAFF REPORT TO THE PLANNING COMMISSION
Amendments to Federal Way Revised Code (FWRC)
Pertaining to Marijuana - Related Businesses
Revised Sections 19.05.130 19.05.180 and 19.05.210; New Sections 19.220.150,
19.240.190, and 19.280 et seq. "Marijuana Related Businesses"
File No. 14- 102659 -00 -UP
Public Hearing of September 17, 2014
I. BACKGROUND
In November of 2012, Washington voters approved 1 -502 legalizing the possession of limited
amounts of marijuana. According to King County election data, 63.5% of King County voters voted
in favor of 1 -502. Statewide, the initiative passed with an approval rate of 55.7 %. In the City of
Federal Way, the approval rate was 53 %. The initiative:
• Legalizes the use of marijuana by people 21 years or older. They may possess up to one
ounce of marijuana, 16 ounces of marijuana- infused product in solid form, and 72
ounces of marijuana - infused product in liquid form.
• Specifies that only state - licensed marijuana production, processing, and sale of
marijuana are permitted.
• Requires licensed facilities to be at least 1,000 feet from schools, playgrounds,
recreation centers, child care centers, public parks, public transit centers, libraries, and
arcades.
• Limits signage to a maximum of one that is no larger than 11 square feet in area.
• Prohibits retail facilities from:
• Displaying marijuana or marijuana products so they are visible from the public
right -of -way;
• Selling anything other than marijuana, marijuana - infused products, and
paraphernalia.
• Prohibits, for all recreational marijuana facilities, the following activities:
• Advertising, in any medium, within 1,000 feet of any school, playground,
recreation center, child care center, public park, transit center, library, or arcade.
• Advertising on publically -owned or operated property, or within a public transit
vehicle or shelter.
• Prohibits on- premises consumption.
• Establishes a standard for driving under the influence of marijuana.
FWRC Code Amendments — Marijuana- Related Businesses File 14- 102659 -00 -UP
September 17, 2014, Planning Commission Public Hearing Page 1 of 10
ATTACHMENT 3
How many retail, producer, and /or processer businesses may be located in Federal Way?
• State law specifies that no more than three retail outlets may be allowed within the Federal Way
city limits.
• A retailer may only be a retailer (not also a producer and /or processor).
• A licensee may hold a producer and processor license together, but they must apply for two
separate licenses, one for producer and one for processor.
• There is currently no limit on the number of producer or processor businesses under state law.
What is the current status of applications for marijuana - related businesses in Federal Way?
Information on the proposed number and location of marijuana - related businesses is available from
the Washington State Liquor Control Board ( WSLCB). As stated above, the state will only license up
to three retail operations in Federal Way. This number is based on population —the greater the
population, the greater number of potential retail businesses within a city. There are currently 15
businesses within the city limits listed as applying for a state license, but no more than three will be
able to obtain a license. The WSLCB did conduct a lottery to determine priority ranking for proposed
businesses within each jurisdiction, subject to the business meeting all the local regulations. If the
proposed businesses with a lottery ranking of #1, 2, or 3 are unable to obtain local approval for
example, then businesses ranked 4, 5, etc. would be the next eligible for the three licenses, and so on
until either three licenses are successfully issued, or all proposals have been exhausted. (See maps on
pages 6 and 7 for the proposed retail business locations.)
How have other jurisdictions' responded to 1 -502?
The Municipal Research Services Center (MRSC) maintains a web page with the most recent white
papers, links to the WSLCB, and relative WACs and RCWs related to marijuana businesses.
The MRSC maintains a table with the status of local jurisdictions' response to I -502 to date. Staff
reviewed the table available online at at "srtljCetile_g�xl - { }2 rem�trijitt7na.as.pY at the
time of the preparation of this staff report. Currently, some jurisdictions have a moratorium in place
related to marijuana and are presumably conducting study of the issue. Other jurisdictions have
recently adopted regulations in response to I -502, while a handful of jurisdictions have adopted interim
regulations.
Some jurisdictions have implemented a ban on marijuana- related businesses. This option is allowed
per the opinion of the State Attorney General's office (http: /iinsi�llt.tnrsc.or�4./2014 /01 /16istate-
attorney g n- erd -say. c t.ie and- oLinties.- c_aii- �:an- rec;re itionto_i- mariiLiaiia- Liles /). However, the State
Attorney General's opinion is not binding on the state courts. Some jurisdictions that have banned
recreational marijuana have been challenged. Most recently in the news has been the City of Fife. Fife
was sued by a potential business owner for banning marijuana- related businesses. On August 29,
2014, the Pierce County Superior Court judge ruled in favor of Fife's ban based on the same finding
as the State Attorney General's office —that I -502 does not preclude local jurisdictions banning
marijuana - related businesses. However, the party that filed the suit has indicated they will appeal the
decision and take the case all the way to the Supreme Court if necessary.
FWRC Code Amendments — Marijuana - Related Businesses File 14- 102659 -00 -UP
September 17, 2014, Planning Commission Public Hearing Page 2 of 10
The following table contains a sample list of other jurisdictions status related to marijuana- related
businesses taken from the MRSC table referenced above.
Table 1
Jurisdictions' Status Related to Marijuana- Related Business Re ulation
STATUS
Ban
Moratorium
Interim Zoning
Zoning Enacted
JURISDICTION
Fife
Auburn
Bellevue
Burien
Lakewood
Bainbridge Island
Bellingham
Centralia
Pasco
King County
Everett
Des Moines
Pierce County
Edmonds
Kirkland
Gig Harbor
Richland
Kennewick
Lynnwood
Issaquah
Sea Tac
Kent
Tacoma
Moses Lake
Yakima
Longview
Walla Walla
Mountlake Terrace
Mill Creek
Mount Vernon
Milton
Mukilteo
Puyallup
Pullman
Redmond
Seattle
Renton
Spokane
Sammamish
Spokane Valley
Snohomish
Tukwila
University Place
Tumwater
Woodinville
Vancouver
In preparation of the draft regulations attached to this report, staff reviewed other jurisdictions' adopted
regulations (zoning enacted). In review of the adopted regulations, the following common elements
were noted:
Most jurisdictions do not allow outdoor growing of marijuana.
Most jurisdictions have adopted the state's definitions contained in RCW 69.50.101 for:
• Marijuana;
• Marijuana processor;
• Marijuana producer;
• Marijuana retailer;
• Marijuana- infused products;
• Retail marijuana outlet; and
• Usable marijuana.
Most jurisdictions have adopted the state - required separation standards from sensitive uses.
Most jurisdictions do not allow marijuana- related businesses within residential zoning districts.
Most jurisdictions clearly reference the state licensing requirements and other business - related
requirements for signage, advertising, etc.
II. PROPOSED CODE AMENDMENTS
This section provides a summary of the proposed code amendments. The proposed zoning code text is
attached as Exhibits A -D.
Based on the review of existing comprehensive plan and zoning code language, state law, and other
jurisdictions treatment of marijuana- related businesses, this section identifies staff's recommendations
for zoning code amendments that would allow these uses in specific zoning districts subject to
applicable development regulations.
FWRC Code Amendments — Marijuana- Related Businesses File 14- 102659 -00 -UP
September 17, 2014, Planning Commission Public Hearing Page 3 of 10
1. Appropriate zones for mar�uana- related businesses.
Staff recommends that marijuana- related businesses be allowed in the Community Business (BC)
and Commercial Enterprise (CE) zones. The BC and CE zones are two of the commercial zoning
districts in the city that have land area that is greater than 1,000 feet from one or more sensitive
land uses (see discussion of separation standards in Section 2 below). Specifically, staff
recommends that retail marijuana businesses be allowed in both the BC and CE zones and that
producer and processor businesses be allowed in the CE zone only. The table below summarizes the
proposed allowable zones for the siting of marijuana- related businesses in Federal Way.
Table 2
Marijuana- Related Businesses in Federal Way Zoning Districts
Type
SE
RS
RM
PO
BN
BC
CC -C
CC -F
OP
CE
Retailer Businesses
P
P
Producer Businesses
P
Processor Businesses
P
Note: P = Permitted. For comparison, commercial zones that currently allow for liquor stores are BN, CC -C,
and CC -F in addition to BC and CE zones.
With regard to marijuana- related retail businesses, staff is recommending they only be allowed in
the BC and CE zones as they are more auto - oriented retail zones, and therefore, less likely to be
developed over time with sensitive and family - friendly land uses such as parks and schools. The
Neighborhood Business (BN) and City Center -Core and -Frame (CC -C and CC -F) zones are more
likely to be developed with sensitive land uses and mixed use, pedestrian- oriented development
over time, and therefore, would be less compatible with marijuana - related businesses in light of
state licensing and operation requirements.
The reason that the producer and processor businesses are only recommended to be allowed in the
CE zone, is that the CE zone allows for larger - scale, big box, and light industrial type uses. The
growing of marijuana is anticipated to require larger site sizes, large buildings or greenhouse
structures, and have greater water and energy usage, and wastewater and solid waste production.
Marijuana production and processing would be considered most similar to light manufacturing
uses and the CE zone is the only zone in the city that allows such a use outright.
2. Appropriate separation standards for mar�uana- related businesses.
Staff is recommending that Federal Way adopt the state mandated separation standards from
sensitive land uses. Under I -502, recreational marijuana licensed business cannot be within 1,000
feet of the perimeter of the grounds of any of the following entities:
1. Elementary or secondary school;
2. Playground;
3. Recreational center or facility;
4. Child care center;
5. Public park;
FWRC Code Amendments — Marijuana - Related Businesses File 14- 102659 -00 -UP
September 17, 2014, Planning Commission Public Hearing Page 4 of 10
6. Public transit center;
7. Library; or
8. Any game arcade where admission is not restricted to persons age 21 or older.
Per I -502, distances are measured as follows: measure distance in a straight line, from the
perimeter of a restricted area to the perimeter of a potential location.
The maps on the following pages show where marijuana - related businesses could potentially
locate within the City of Federal Way under the proposed code amendment.
3. Proposed definitions for mar�uana- related businesses.
Staff recommends adopting the following new definitions from RCW 69.50. 101 as follows:
"Marquana" means all parts of the plant Cannabis, whether growing or not, with a THC
concentration greater than 0.3 percent on a dry weight basis; the seeds thereof, the resin
extracted from any part of the plant; and very compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the
plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other
compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the
resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is
incapable of germination.
"Maryuana processor" means a facility licensed by the State Liquor Control Board to process
marijuana into useable marijuana and marijuana- infused products, package and label useable
marijuana and marijuana - infused products for sale in retail outlets, and sell useable marijuana
and marijuana - infused products at wholesale to marijuana retailers.
War�ivana producer" means a facility licensed by the State Liquor Control Board for the
production and sale at wholesale of marijuana to marijuana processors and other marijuana
producers.
"Mar�uana retailer" means a facility licensed by the State Liquor Control Board where useable
marijuana and marijuana - infused products may be sold at retail.
"MarUuana- infused products " means products that contain marijuana or marijuana extracts and
are intended for human use. The term "marijuana- infused products" does not include usable
marijuana.
"Retail mar�uana outlet" means a location licensed by the State Liquor Control Board for the
retail sale of usable marijuana and marijuana - infused products.
"Usable mar�uana" means dried marijuana flowers. The term "useable marijuana" does not
include marijuana - infused products.
In addition to the above definitions, language is proposed in new FWRC Chapter 19.280 that refers to
WAC 314 -55 -050 for definitions, of specific land uses that shall have a 1,000 foot buffer applied.
FWRC Code Amendments — Marijuana - Related Businesses File 14- 102659 -00 -UP
September 17, 2014, Planning Commission Public Hearing Page 5 of 10
The map below shows where marijuana - related businesses could be allowed in the southerth end of the
city. The dark grey areas represent the areas where businesses could locate within BC and CE zoning
districts when 1,000 -foot separation standards are applied. The blue dots represent locations where people
have applied for state licenses for retail businesses.
FWRC Code Amendments — Marijuana- Related Businesses File 14- 102659 -00 -UP
September 17, 2014, Planning Commission Public Hearing Page 6 of 10
The map below shows where marijuana - related businesses could be allowed in the northern end of the
city. The dark grey areas represent the areas where businesses could locate within BC and CE zoning
districts when 1,000 -foot separation standards are applied. The blue dots represent locations where people
have applied for state licenses for retail businesses. Note that some of the proposed business locations are
not located within the grey shaded areas, meaning that they are located within 1,000 feet of one or more
sensitive land uses and therefore, do not meet the state minimum separation requirement standard.
FWRC Code Amendments — Marijuana - Related Businesses File 14- 102659 -00 -UP
September 17, 2014, Planning Commission Public Hearing Page 7 of 10
4. Add anew Chapter 19.280 " Marjuana- Related Businesses" to FWRC Title 19.
Staff recommends establishing a new chapter in Title 19 (Exhibit D) that will clearly identify the
requirement for compliance with all state licensing requirements of I -502 and the Washington
State Liquor Control Board (WSLCB). This chapter highlights important development and safety
standards, including:
• Marijuana - related businesses must take place within secure, enclosed structures.
• Marijuana- related businesses may not be an accessory use.
• Marijuana - related businesses may not be a home occupation.
• Marijuana - related businesses must have a state license to operate, as well as a city business
license.
• No marijuana production and /or processing activities shall be visible from public areas.
• Signage must comply with state requirements in addition to city standards.
• Application of separation standards.
• Security measures must be in place.
• City personal shall be allowed to inspect site and facilities at any time during regular
business hours.
III. PROCEDURAL SUMMARY
8/29/14: Public Notice of 9/17/14 Planning Commission public hearing published and posted
9/5/14: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental
Policy Act (SEPA)
9/19/14: End of SEPA Comment Period
10/3/14: End of SEPA Appeal Period
IV. PUBLIC COMMENTS
No comments were received as of the date of this report.
V. REASON FOR PLANNING COMMISSION ACTION
FWRC Chapter 19.80, "Process VI Council Rezones," establishes a process and criteria for zoning
code text amendments. Consistent with Process VI review, the role of the Planning Commission is as
follows:
1. To review and evaluate the proposed zoning code text regarding any proposed amendments.
2. To determine whether the proposed zoning code text amendments meet the criteria established
in FWRC 19.80.130.
3. To forward a recommendation to the City Council regarding adoption of the proposed zoning
code text amendments.
FWRC Code Amendments — Marijuana- Related Businesses File 14- 102659 -00 -UP
September 17, 2014, Planning Commission Public Hearing Page 8 of 10
V1. DECISIONAL CRITERIA
FWRC Chapter 19.80.130 provides criteria for zoning text amendments. The following section
analyzes compliance of the proposed zoning text amendments with the criteria provided by this
chapter. The city may amend the text of the FWRC only if it finds that:
1. The proposed amendments are consistent with the applicable provisions of the
comprehensive plan.
The Federal Way Comprehensive Plan (FWCP) does not specifically address marijuana - related
business uses. In determining appropriate zones for marijuana - related businesses, staff considered
the general intent of each of the city's commercial zones, as well as the state requirements for a
minimum 1,000 -foot separation from identified sensitive land uses. Based on the comprehensive
plan land use designations, staff is proposing that marijuana - related businesses only be allowed in
the Community Business (BC) and Commercial Enterprise (CE) zones.
2. The proposed amendments bear a substantial relationship to public health, safety, or
welfare.
The proposed FWRC text amendments bear a substantial relationship to the public health, safety,
and welfare because the text amendments establish zoning districts where marijuana- related
businesses may potentially locate, and also establish separation standards from state identified
sensitive land uses. The location of the zoning districts and overlay of the separation buffer will
help protect the general safety and welfare of Federal Way residents by limiting the potential for
minors to be exposed to these business operations.
3. The proposed amendments are in the best interest of the residents of the city.
The proposed FWRC text amendments are in the best interest of the residents of the city because
the voters of the state of Washington approved through the passage of Initiative 502 the
establishment of businesses that produce, process, and sell recreational marijuana. The
recommended zoning districts for the establishment of these uses would allow for these
businesses to locate in areas that are at least 1,000 feet from state identified sensitive uses.
VII. STAFF RECOMMENDATION
Based on the above staff analysis and decisional criteria, staff recommends that the following
amendments to FWRC Title 19, "Zoning and Development Code," be recommended for approval to
the Land Use /Transportation Committee (LUTC) and City Council.
1. Modifications to FWRC 19.05.130, 19.05.180, and 19.05.210; the addition of Use Zone
Charts FWRC19.220.150 and 19.240.190; and new FWRC Chapter 19.280 as
identified in Exhibits A -D below and attached to this staff report.
FWRC Code Amendments — Marijuana- Related Businesses File 14- 102659 -00 -UP
September 17, 2014, Planning Commission Public Hearing Page 9 of 10
VIII. PLANNING COMMISSION ACTION
Consistent with the provisions of FWRC Chapter 19.80.240, the Planning Commission may take
the following actions regarding the proposed development code text amendments:
1. Recommend to the City Council adoption of the FWRC text amendments as presented;
2. Modify the proposed FWRC text amendments and recommend to the City Council adoption of
the FWRC text amendments as modified;
3. Recommend to the City Council that the proposed FWRC text amendments not be adopted; or
4. Forward the proposed FWRC text amendments to the City Council without a recommendation.
EXHIBITS
Exhibit — FWRC 19.05.130, 19.05.180, and 19.05.210; Modifications to "M ", "R" and "U"
definitions adding new definitions pertaining to marijuana- related businesses
Exhibit B — FWRC 19.220.150, Proposed New BC Use Zone Chart: "Marijuana Retailer"
Exhibit C— FWRC 19.240.190, Proposed New CE Use Zone Chart: "Marijuana- Related Businesses"
Exhibit D — FWRC Title 19, Division VII, "Supplemental Zoning Regulations" adding a new
Chapter 19.280, "Marijuana- Related Businesses"
FWRC Code Amendments— Marijuana - Related Businesses File 14- 102659 -00 -UP
September 17, 2014, Planning Commission Public Hearing Page 10 of 10
Exhibit A -1
FEDERAL WAY REVISED CODE (FWRC)
Title 19, Zoning and Development Code
Chapter 19.05, Zoning and Development in General
19.05.130 M definitions.
"Maintenance, " for signs, means the cleaning, painting, and minor repair of a sign in a manner that does not
alter the basic design, size, height, or structure of the sign.
"Major stream " means any stream, and the tributaries to any stream, which contains or supports, or under
normal circumstances contains or supports, resident or migratory fish. If there exists a natural permanent blockage
on the stream course which precludes the upstream movement of anadromous salmonid fish, then that portion of the
stream which is downstream of the natural permanent blockage shall be regulated as a major stream.
"Manufactured home" means a factory-built structure transportable in one or more sections which is built on a
permanent chassis and designed to be a dwelling with or without a permanent foundation when connected to
required utilities. A manufactured home shall be built to comply with the National Manufactured Home
Construction and Safety Standards Act of 1974 (regulations effective June 15, 1976).
"Manufacturing and production" means the mechanical or chemical transformation of materials or substances into
new products, including the assembling of component parts, the creation of products, and the blending of materials,
such as oils, plastics, resins, or liquors. Manufacturing and production is divided into the following categories:
(1) "Manufacturing and production, general, ": means establishments typically manufacturing and
producing for the wholesale market.
(2) "Manufacturing and production, limited, " means retail establishments engaged in the small -scale
manufacture, production, and on -site sales of custom goods and products. These uses are distinguished from
"manufacturing and production, general," by a predominant use of hand tools or domestic mechanical equipment,
limited number of employees, limited sales volume, limited truck deliveries, little or no outdoor storage, typical retail
hours of operation, and an obvious retail storefront with a public entrance that is in scale with the overall building and
oriented to the right -of -way. This category includes uses such as ceramic studios; candle - making shops; custom
jewelry manufacturing; woodworking and cabinet making; manufacturing of specialized orthopedic appliances such
as artificial limbs or braces; manufacturing of dental appliances such as bridges, dentures, and crowns; production of
goods from finished materials such as wood, metal, paper, glass, leather, and textiles; and production of specialized
food products such as caterers, bakeries, candy stores, microbreweries, and beverage bottlers.
with a THC
than 0.3 percent on a dry weight basis: the seeds
plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or
resin. The term does not include the maior stalks of the plant, fiber produced from the stalks, oil, or cake
made from the seeds of the plant, any other compound, manufacture, salt, derivative mixture, or preparation
of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the
plant which is incapable of germination.
"Marijuana processor" means a facility licensed by the State Liquor Control Board to process marijuana
into useable mariivana and mariivana- infused products, packay-e and label useable mariivana and
mariivana- infused products for sale in retail outlets, and sell useable marijuana and marijuana- infused
products at wholesale to marijuana retailers.
FWRC Code Amendments — Marijuana - Related Businesses, Exhibit A -1 File 14- 102659 -00 -UP
September 17, 2014, Planning Commission Public Hearing Page l of 2
"Marijuana producer" means a facility licensed by the State Liquor Control Board for the production and
sale at wholesale of mariivana to marijuana processors and other marijuana producers.
"Marijuana retailer" means a facility licensed by the State Liquor Control Board where useable
mariivana and mariivana- infused products may be sold at retail.
"Marijuana- infused products" means products that contain mariivana or mariivana extracts and are
intended for human use The term "mariivana- infused products" does not include usable mariivana.
"Maximum lot coverage" means the maximum percentage of the surface of the subject property that may be
covered with materials which will not allow for the percolation of water into the underlying soils. See FWRC
19.110.020 et seq. for further details.
"Mean sea level " means the level of Puget Sound at zero tide as established by the U.S. Army Corps of
Engineers.
"Medium density zones " mean the following zones: RS 15.0, RS 35.0 and comparable zones in other
jurisdictions.
"Microcell " means a wireless communication facility consisting of an antenna that is either:
(1) Four feet in height and with an area of not more than 580 square inches; or
(2) If a tubular antenna, no more than four inches in diameter and no more than six feet high.
"Minor facility" means a wireless communication facility consisting of up to three antennas, each of which is
either:
(1) Four feet in height and with an area of not more than 580 inches; or
(2) If a tubular antenna, no more than four inches in diameter and no more than six feet in length.
A minor facility includes any associated equipment cabinet that is six feet or less in height and no more than 48
square feet in floor area.
"Minor stream " means any stream that does not meet the definition of "major stream."
"Mixed -use building" means a building containing two or more different principal permitted uses, as
determined; by the director, and which occupy separate tenant spaces.
"Moorage facility" means a pier, dock, buoy or other structure providing docking or moorage space for
waterborne pleasure craft.
"Multiple -story building" means a building containing two or more floors of active permitted use(s), and each
upper floor area, excluding any storage, mechanical, and other similar accessory, nonactive areas, contains at least
33 percent of the ground floor area.
"Multi- tenant complex" means a complex containing two or more uses or businesses.
"Multi -use complex" means all of the following: a group of separate buildings operating under a common name
or management; or a single building containing multiple uses where there are specific exterior entranceways for
individual uses; or a group of uses on separate but adjoining properties that request treatment as a multi -use
complex.
"Mural" means a design or representation that is painted or drawn on the exterior surface of a structure and that
does not advertise a business, product, service, or activity.
(Ord. No. 09 -610, § 3(Exh. A), 4 -7 -09; Ord. No. 09 -593, § 24, 1 -6 -09. Code 2001 § 22- 1.13)
FWRC Code Amendments — Marijuana - Related Businesses, Exhibit A -1 File 14- 102659 -00 -UP
September 17, 2014, Planning Commission Public Hearing Page 2 of 2
Exhibit A -2
FEDERAL WAY REVISED CODE (FWRC)
Title 19, Zoning and Development Code
Chapter 19.45, Zoning and Development in General
19.05.180 R definitions.
"Recreational vehicle " means a travel trailer, motor home, truck camper, or camping trailer that is
primarily designed and used as temporary living quarters, is either self - propelled or mounted on or drawn
by another vehicle, is transient, is not occupied as a primary residence, and is not immobilized or
permanently affixed to a mobile home lot.
"Registration sticker" for the purpose of sign regulations means the sticker that is assigned to a sign
that has been inventoried and has been determined to comply with this title and other sections of this Code.
"Regulated lakes" means Wetlands Nos. 8 -21- 4:26, 7- 21 -4 -71, 11- 21 -3 -9, 14- 21 -3 -2, 14- 21 -3 -5, 13-
21-3-12, 9- 21 -4 -38, 17- 21 -4 -55, 20- 21 -4 -57, and 20- 21 -4 -61 as shown in the June 19, 1999, city of
Federal Way final wetland inventory report, except vegetated areas which are located in and around the
margins of regulated lakes and fall under FWRC 19.175.020.
"Relative " means persons connected through blood, marriage or other legal relationships by not more
than four degrees or affinity or consanguinity and including persons under legal guardianship.
"Required yard " means the area adjacent to and interior from a property line or the ordinary high
water mark (OHWM) of a lot, as prescribed by regulations, and is the minimum required distance
between a structure and a specific line, such as a property line, edge of private tract, or vehicular access
easement that is required to remain free of structures. If two or more required yards are coincidental, the
area will be considered the required yard with the greater dimension. Yards are also known as setbacks.
Except for flag lots, required setbacks are categorized as follows:
(1) Front.. That portion of a lot adjacent to and parallel with the front property lines and at a distance
therefrom equal to the required front yard depth.
(2) Rear. That portion of a lot adjacent to and parallel with the rear property line and at a distance
therefrom equal to the required rear yard depth.
(3) Side. That portion of a lot adjacent to and parallel with each side property line and at a distance
therefrom equal to the required side yard depth. All required yards not otherwise categorized shall be
designated side yards.
"Residential use " means developments and occupancy in which persons sleep and prepare food,
other than developments used for transient occupancy.
"Residential zone" means the following zones: SE, RS 35.0, RS 15.0, RS 9.6, RS 7.2, RS 5.0, RM
3.6, RM 2.4, RM 1.8 and comparable zones in other jurisdictions.
"Restaurant" or "tavern" means commercial use (excluding fast food restaurants) which sells
prepared food or beverages and generally for consumption on the premises.
FWRC Code Amendments — Marijuana - Related Businesses, Exhibit A -2 File 14- 10269 -00 -UP
September 17, 2014, Planning Commission Public Hearing Page 1 of 2
"Retail establishment" means a commercial enterprise which provides goods and/or services directly
to the consumer, where such goods are available for immediate purchase and removal from the premises
by the purchaser.
"Retail marijuana outlet" means a location licensed by the State Liquor Board for the retail sale
of usable mariivana and marijuana- infused products.
"Retail sales, bulk, " means a retail establishment engaged in selling goods or merchandise to the
general public as well as to other retailers, contractors, or businesses, and rendering services incidental to
the sale of such goods, involving a high volume of sales of products in a warehouse setting, and may
include membership warehouse clubs, i.e., "big box" retail. Bulk retail is differentiated from general retail
by any of the following characteristics:
(1) Items for sale include large, categorized products, e.g., lumber, appliances, household
furnishings, electrical and heating fixtures and supplies, wholesale and retail nursery stock, etc.; and may
also include a variety of carry out goods, e.g., groceries, household, and personal care products;
(2) A large inventory of goods and merchandise is stored on the subject site in high- ceiling
warehouse areas, high -rack displays, and/or outdoor storage areas; and
(3) High volume truck traffic, regular pick up and delivery of large items, a designated contractor
pick -up area, and high parking -to- building ratios.
"Retail sales, general and specialty, " means a retail establishment that is not engaged in bulk retail
and includes the sale of smaller items such as groceries, drug store sundries, specialty hardware, paint
supplies, and sports equipment, etc., typically selling to the general public and is differentiated from bulk
retail by the size of the building, size of items purchased, sales volume, and typically does not sell at a
discount or in a volume warehouse store.
"Retail shopping center, regional" means a series of unified commercial establishments that provide
retail, entertainment, or professional services on a site comprised of at least 50 acres, with direct access to
a state or federal highway, with shared parking facilities, with a combined gross floor area of at least
500,000 square feet, and with all or some of the stores configured with an inward orientation and
connected with common interior walkway(s).
"Right -of- way, " in addition to its normal meaning, may include, for purposes of the community
design guidelines or sign regulations,, land privately owned, used primarily for the movement of vehicles
or pedestrian traffic, so long as such privately owned land has been constructed in compliance with all
applicable laws and standards for a public right -of -way.
"Right -of -way realignment" means the changing of the horizontal position of the improvements in a
right -of -way.
"Roofline " means the line formed by the outside of the gable of the roof, or if the roof is flat or
mansard, the top of the roof or mansard.
"Runoff 'means the overland or subsurface flow of water.
(Ord. No. 09 -610, § 3(Exh. A), 4 -7 -09; Ord. No. 09 -607, § 3(Exh. A -1), 4 -7 -09; Ord. No. 09 -593, § 24, 1 -6 -09.
Code 2001 § 22- 1.18.)
FWRC Code Amendments — Marijuana- Related Businesses, Exhibit A -2 File 14- 102659 -00 -UP
September 17, 2014, Planning Commission Public Hearing Page 2 of 2
Exhibit A -3
FEDERAL WAY REVISED CODE (FWRC)
Title 19, Zoning and Development Code
Chapter 19.05, Zoning and Development in General
19.05.210 U definitions.
"Urban,agriculture" is an umbrella term encompassing a wide range of activities involving the raising,
cultivation, processing, marketing, and distribution of food. Urban agriculture land uses include:
community gardens, urban farms, cottage food operations, farm stands, and farmers markets. See also the
definitions for "agricultural use , » « community gardens, "" cottage food operation, "" farm stand, " and
"farmers market."
"Urban farm " means privately or publicly owned land used for the cultivation of fruits, vegetables,
plants, flowers, or herbs by an individual, organization, or business with the primary purpose of growing
food for sale.
"Usable marijuana" means dried mariivana flowers. The term "usable mariivana" does not includf
m�riinan�_infncorl nrnrluntc'
"Use" means the activities taking place on property or within structures thereon. Each separate listing
under the "Use" column in 1~ WRC 19.195.010 through 19.240.170 is a separate use.
(Ord. No. 13 -754, § 7, 12 -3 -13; Ord'. No. 09 -610, § 3(Exh. A), 4 -7 -09; Ord. No. 09 -593, § 24, 1 -6 -09.
Code 2001 § 22- 1.21.);
FWRC Code Amendments — Marijuana- Related Businesses, Exhibit A -3 File 14- 102659 -00 -UP
September 17, 2014, Planning Commission Public Hearing Page 1 of 1
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Exhibit D
PROPOSED NEW SECTION
FWRC Chapter 19.280, Mari ivana- Related Businesses
Sections:
19.280.010 Purpose.
19.280.020 Applicability.
19.280.030 General requirements.
19.280.040 Separation
requirements.
19.280.050 Application
requirements.
19.280.060 Signage.
19.280.070 Securi - requirements.
19.280.010 Purpose.
The nurroose of thi
19.280.020 Applicability.
uses include :m
19.05. Marijua:
l marijuana dis
al requiremen
afety while providing for appropriate siting of mariju
with state law.
tions that govern marijuana- related businesses. Marii�
processor, marijuana producer, and marijuana retailer
1 businesses do not include medical marijuana collect
, as regulated under Chanter 69.51A RCW.
l:
y- enclosed structure with rigi
f Federal Way building codes
-v to 'a nrimary use or as a hor
3. Not be established or conducted in a building that
4. Be operated by persons or entities holding a valid
Liquor Control Board issued under Chapter 314 -55 WA
regulations,
Washington State
6. Ensure that no horticulture production processing or delivery of marijuana shall be visible to t.
public;
7. Be subject to all applicable requirements of Title 69 RCW and Chapter 314 -55 WAC and other
state statutes, as they now exist or may be amended;
8. Comply with any and all requirements of the Washington State Liquor Control Board; and
9. Allow inspection of the site and facilities by 61y personnel including law enforcement, for
compliance with all applicable permits and licenses at any time during regular business hours.
19.280.040 Separation requirements.
1. Only one (1 ) marijuana- related business is allowed in q-single tenant space, except a marijuana
licensee holding both marijuana producer and marijuana processor licenses may locate their combined
operation in a single tenant space;
FWRC Code Amendments — Marijuana - Related Businesses, Exhibit D File 14- 102659 -00 -UP
September 17, 2014, Planning Commission Public Hearing Page 1 of 2
2 No marijuana- related business shall be permitted within one thousand (1,000) feet of any of the
entities as specified and defined in RCW 69 50 331 and WAC 314 -55 -050 as those sections currently
exist or may be modified in the future, including the following:
a. Elementary -or secondary school;
b. Pla ryg_ound,
c. Recreation center or facility;
d. Child care center,
e. Public park;
f. Public transit center,
g. Library,
h. Game arcade where admission is not restricted to persons age twenty -one (21'
The distance shall be measured as the shortest straight line distance from the propert
licensed premises to the property line of a use listed above as provided in Chapter 314 -5
sections currently exist or may be modified in the future, and
3 If a use listed in subsection 2 above locates within 1,000 (one- thousand ) feet of a
business after the marijuana- related business is lawfully established, such use shall not b
separation requirements of this subsection. A marijuana- related business is lawfully loca
FWRC if it has located within the city in accordance with the requirements of this sectio
19.280.050 Application requirements.
An application for a marijuana - related business shall include the following informati
the standard submittal requirements for the applicable development permit.
1. The application shall be made by:
a. A marijuana licensee; or
b. An applicant for a marijuana license.;
2. The application shall include a cove of the license or a copy of the license applica
marijuana licensee.
3 A map drawn to scale showing that the proposed marijuana- related business is
thousand (1,000) feet from all uses specified in RCW 69.50.3' )1 and WAC 314 -55 -05
prepared by a surveyor licensed in the state of Washinglon may be required by the Di
4 The applicant shall submit a copy of the operating plan required by the Washin
the
the
monitored twenty -four (24) hours a day;
2 Have installed prior to issuance of a certificate of occupancy, an operational security camera
system which retains recordings from all installed cameras for a period of not less than sixty (60) days;
and
3 Comply with all other provisions in WAC 314 -55 -083.
FWRC Code Amendments — Marijuana - Related Businesses, Exhibit D File 14- 102659 -00 -UP
September 17, 2014, Planning Commission Public Hearing Page 2 of 2
*k
CITY OF 4Z��
Federal Way
Development Regulations for
Marijuana - Related Businesses
Planning Commission Study Session
August 20, 2014
I. INTRODUCTION
This staff report presents an overview of recreational marijuana - related businesses and preliminary
recommendations for amendments to the Federal Way Revised Code (FWRC) to address their siting.
Marijuana related business zoning is designated as a "high priority" item on the Planning Commission's
work program. The Planning Commission is being asked to review proposed amendments to FWRC
Title 19 and forward a recommendation to the City Council's Land Use /Transportation Committee
(LUTC) and City Council.
Following the passage of Initiative 502 (I -502), which legalizes the use of marijuana and the
operation of certain marijuana - related businesses in Washington State, the Federal Way City Council
enacted a moratorium on the business operation component in order to allow for adequate time to
study the issue and determine how best to respond to the enactment of I -502 within the Federal Way
city limits. The moratorium (Ordinance 13 -749) is due to expire on November 5, 2014. Therefore, the
City Council must either adopt regulations that govern marijuana - related businesses prior to that date,
or extend the moratorium if more time is needed to study the issue prior to the adoption of applicable
regulations.
The Federal Way City Council must take one of the following actions prior to the expiration of the
moratorium:
1. Adopt regulations related to the siting of recreational marijuana- related businesses;
2. Adopt an ordinance banning the siting of recreational marijuana- related businesses;
3. Extend the moratorium to allow for further study of the issue prior to adoption of local
regulation; or
4. Allow the moratorium to expire with no marijuana - related business regulations in place.
What is meant by the term "Recreational Marijuana- Related Businesses "? Recreational marijuana -
related businesses are characterized as one of three business types under state law:
• Retail operations;
• Production operations; and
• Processing operations
FWRC Code Amendments - Marijuana - Related Businesses File 14- 102659 -00 -UP
August 20, 2014, Planning Commission Study Session Pagel of 8
ATTACHMENT 4
Retail operations are stores where marijuana products may be sold to buyers of legal age. Production
operations are often referred to as grow operations or facilities or farms, and are businesses that grow
marijuana plants. Finally, processing operations are businesses that take the marijuana plant material
and process the plant material into consumable products that can then be sold at the retail operations.
What is the focus of the proposed zoning code amendments for marijuana - related businesses?
The primary issues being considered in the proposed amendments to Federal Way development
regulations include:
• Determine which zoning districts are potentially appropriate for the siting of
marijuana - related businesses within the City of Federal Way.
• Determine the appropriate locational and development standards for permitting
marijuana- related businesses.
• Adopt definitions of marijuana- related businesses.
• Clarify that marijuana - related businesses are not allowed as a home occupation.
II. BACKGROUND
In November of 2012, Washington voters approved I -502 legalizing the possession of limited
amounts of marijuana. According to King County election data, 63.5% of King County voters voted
in favor of 1 -502. Statewide, the initiative passed with an approval rate of 55.7 %. In the City of
Federal Way, the approval rate was 53 %. The initiative:
• Legalizes the use of marijuana by people 21 years or older. They may possess up to one
ounce of marijuana, 16 ounces of marijuana- infused product in solid form, and 72
ounces of marijuana - infused product in liquid form.
• Specifies that only state - licensed marijuana production, processing, and sale of
marijuana are permitted.
• Requires licensed facilities to be at least 1,000 feet from schools, playgrounds,
recreation centers, child care centers, public parks, public transit centers, libraries, and
arcades.
• Limits signage to a maximum of one that is no larger than 11 square feet in area.
• Prohibits retail facilities from:
• Displaying marijuana or marijuana products so they are visible from the public
right -of -way;
• Selling anything other than marijuana, marijuana- infused products, and
paraphernalia.
• Prohibits, for all recreational marijuana facilities, the following activities:
• Advertising, in any medium, within 1,000 feet of any school, playground,
recreation center, child care center, public park, transit center, library, or arcade.
• Advertising on publically -owned or operated property, or within a public transit
vehicle or shelter.
• Prohibits on- premises consumption.
• Establishes a standard for driving under the influence of marijuana.
FWRC Code Amendments — Marijuana - Related Businesses File 14- 102659 -00 -UP
August 20, 2014, Planning Commission Study Session Page 2 of 8
How many retail, producer, and /or processer businesses may be located in Federal Way?
• State law specifies that no more than three retail outlets may be allowed within the Federal Way
city limits.
• A retailer may only be a retailer (not also a producer and /or processor).
• A licensee may hold a producer and processor license together, but they must apply for two
separate licenses, one for producer and one for processor.
• There is currently no limit on the number of producer or processor businesses under state law.
What is the current status of applications for marijuana - related businesses in Federal Way?
Information on the proposed number and location of marijuana- related businesses is available from
the Washington State Liquor Control Board ( WSLCB). As stated above, the state will only license up
to three retail operations in Federal Way. This number is based on population —the greater the
population, the greater number of potential retail businesses within a city. There are currently 15
businesses within the city limits listed as applying for a state license, but no more than three will be
able to obtain a license. The WSLCB did conduct a lottery to determine priority ranking for proposed
businesses within each jurisdiction, subject to the business meeting all the local regulations. If the
proposed businesses with a lottery ranking of # 1, 2, or 3 are unable to obtain local approval for
example, then businesses ranked 4, 5, etc. would be the next eligible for the three licenses, and so on
until either three licenses are successfully issued, or all proposals have been exhausted. (See Exhibit
A for the proposed business locations.)
How have other jurisdictions' responded to I -502?
The Municipal Research Services Center (MRSC) maintains a web page with the most recent white
papers, links to the WSLCB, and relative WACs and RCWs related to marijuana businesses.
The MRSC maintains a table with the status of local jurisdictions' response to I -502 to date. Staff
reviewed the table available online at hq: //wV N,, w mrse cars;./ subjects/ le t7al /502'reciiiiriiiiaiia.aspx at the
time of the preparation of this staff report. Currently, most jurisdictions have a moratorium in place
related to marijuana and are presumably conducting study of the issue. There are a few jurisdictions
that have recently adopted regulations in response to 1 -502, while a handful of jurisdictions have
adopted interim regulations.
Some jurisdictions have implemented a ban on marijuana- related businesses. This option is allowed
per the opinion of the State Attorney General's office (http: / "insi�,,fat.rii.rse.or<, 2014i01i1.6/'state-
attorneti- genera( -says- cities - and - counties -cari -ban recreational - marijuana- uses /). However, the State
Attorney General's opinion is not binding on the state courts, and there also was a bill (HB 2322)
introduced in early 2014 that would prevent local jurisdictions from prohibiting the location of
marijuana- related businesses within their borders.
The following table contains a sample list of other jurisdiction's status related to marijuana- related
businesses taken from the MRSC table referenced above.
FWRC Code Amendments — Marijuana - Related Businesses File 14- 102659 -00 -UP
August 20, 2014, Planning Commission Study Session Page 3 of 8
Table 1
Jurisdictions' Status Related to Marijuana- Related Business Re ulation
STATUS
Ban
Moratorium
Interim Zonina
Zoning Enacted
JURISDICTION
Fife
Auburn
Bellevue
Burien
Pierce County
Bainbridge Island
Kirkland
Des Moines
Sea Tac
King County
Gig Harbor
Edmonds
Issaquah
Kent
Mountlake Terrace
Mill Creek
Seattle
Milton
Spokane
Puyallup
Tukwila
Redmond
Tumwater
Renton
Sammamish
Snohomish
University Place
Woodinville
In preparation for the discussion of this topic with the Planning Commission, staff primarily focused on
the jurisdictions that have adopted regulations (zoning enacted). In review of the adopted regulations,
the following common elements were noted:
Most jurisdictions do not allow outdoor growing of marijuana.
Most jurisdictions have adopted the state's definitions contained in RCW 69.50.101 for:
o Marijuana;
o Marijuana processor;
o Marijuana producer;
o Marijuana retailer;
o Marijuana - infused products;
o Retail marijuana outlet; and
o Usable marijuana.
Most jurisdictions have adopted the state - required separation standards from sensitive
uses without any additional separation standards.
Most jurisdictions do not allow marijuana- related businesses within residential zoning
districts.
Most jurisdictions clearly reference the state licensing requirements and other business -
related requirements for signage, advertising, etc.
III. PRELIMINARY RECOMMENDATIONS
This section provides a summary of each of the proposed code amendments. Staff would like to
emphasize that, at this point in the process; this information is provided primarily to prompt
discussion with the Planning Commission. Your comments and suggestions in reaction to the
preliminary draft zoning code language will help staff fine -tune the draft regulations prior to
presentation at the public hearing.
FWRC Code Amendments — Marijuana- Related Businesses File 14- 102659 -00 -UP
August 20, 2014, Planning Commission Study Session Page 4 of 8
The staff's preliminary recommendations for zoning code amendments are based on the review of the
city's existing comprehensive plan and zoning code language, state law, and other jurisdictions'
treatment of recreational marijuana - related businesses.
1. Appropriate zones for maryuana- related businesses.
Staff is recommending that marijuana- related businesses be allowed in the Community Business
(BC) and Commercial Enterprise (CE) zones. The BC and CE zones are two of the commercial
zoning districts in the city that have some land area that is greater than 1,000 feet from one or more
sensitive land uses (see discussion of separation standards in Section 2 below). Specifically, staff
recommends that retail marijuana businesses be allowed in both the BC and CE zones and that
producer and processor businesses be allowed in the CE zone only. The table below summarizes the
proposed allowable zones for the siting of marijuana- related businesses in Federal Way.
Table 2
Marijuana- Related Businesses in Federal Way Zoning Districts
Type
SE
RS
RM
PO
BN
BC
CC -C
CC -F
OP
CE
Retailer Businesses
P
P
Producer Businesses
P
Processor Businesses
P
Note: P = Permitted. For comparison, commercial zones that currently allow for liquor stores include BN, CC -C, and
CC -F in addition to BC and CE zones.
With regard to marijuana- related retail businesses, staff is recommending they only be allowed in
the BC and CE zones as they are more auto-oriented retail zones, and therefore, less likely to be
developed over time with sensitive and family - friendly land uses such as parks and schools. The
Neighborhood Business (BN) and City Center -Core and -Frame (CC -C and CC -F) zones are more
likely to be developed with sensitive land uses and mixed use, pedestrian- oriented development
over time, and therefore, would be less compatible with marijuana - related businesses in light of
state licensing and operation requirements.
The reason that the producer and processor businesses are only recommended to be allowed in the
CE zone, is that the CE zone allows for larger- scale, big box and light industrial type uses. The
growing of marijuana is anticipated to require larger site sizes, large buildings or greenhouse
structures, and have greater water and energy usage, and wastewater and solid waste production.
Marijuana production would be considered a manufacturing use and the CE zone is the zone in
the city that allows such a use outright.
2. Appropriate separation standards for mar�uana- related businesses.
Staff is recommending that Federal Way adopt the state mandated separation standards from
sensitive land uses. Under I -502, recreational marijuana licensed business cannot be within 1,000
feet of the perimeter of the grounds of any of the following entities:
1. Elementary or secondary school;
2. Playground;
3. Recreational center or facility;
4. Child care center;
5. Public park;
FWRC Code Amendments— Marijuana - Related Businesses File 14- 102659 -00 -UP
August 20, 2014, Planning Commission Study Session Page 5 of 8
6. Public transit center;
7. Library; or
8. Any game arcade where admission is not restricted to persons age 21 or older.
Per I -502, distances are measured as follows: measure distance in a straight line, from the
perimeter of a restricted area to the perimeter of a potential location.
Staff is working on an exhibit (map) that we will provide at the workshop that shows where
marijuana- related businesses could potentially be located based on these separation standards.
Also, superimposed for reference on this exhibit will be the locations of the proposed retail
businesses based on information obtained from the WSLCB. You will see that in some cases,
businesses have been proposed in locations that will not be permissible based on application of
state mandated separation standards.
The exhibit will show the BC and CE zoning district boundaries in relation to the separation
standards to represent the potential area available to locate marijuana- related businesses based on
the preliminary recommendations for appropriate zoning districts presented in Section I above.
3. Proposed definitions for marJuana- related businesses.
Staff recommends adopting the following new definitions from RCW 69.50. 101 as follows:
"Maryuana" means all parts of the plant Cannabis, whether growing or not, with a THC
concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted
from any part of the plant; and very compound, manufacture, salt, derivative, mixture, or
preparation of the plant, its seeds or resin. The term does not include the mature stalks of the
plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other
compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the
resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable
of germination.
"Marijuana processor" means a facility licensed by the State Liquor Control Board to process
marijuana into useable marijuana and marijuana - infused products, package and label useable
marijuana and marijuana - infused products for sale in retail outlets, and sell useable marijuana
and marijuana - infused products at wholesale to marijuana retailers.
"Marjuana producer" means a facility licensed by the State Liquor Control Board for the
production and sale at wholesale of marijuana to marijuana processors and other marijuana
producers.
"Marjuana retailer" means a facility licensed by the State Liquor Control Board where useable
marijuana and marijuana- infused products may be sold at retail.
"MarUuana- infused products" means products that contain marijuana or marijuana extracts and
are intended for human use. The term "marijuana- infused products" does not include usable
marijuana.
"Retail marUuana outlet" means a location licensed by the State Liquor Control Board for the
retail sale of usable marijuana and marijuana - infused products.
"Usable marjuana" means dried marijuana flowers. The term "useable marijuana" does not
include marijuana - infused products.
4. Add a new section to FWRC Title 19 called "Marijuana- Related Businesses. "
FWRC Code Amendments — Marijuana - Related Businesses File 14- 102659 -00 -UP
August 20, 2014, Planning Commission Study Session Page 6 of 8
This new section in Title 19 would clearly identify the requirement for compliance with all state
licensing requirements (see ti w-y,.liq.ti a_ggy for specifics) including, but not limited to:
• Signage /advertising
• Facility size
• Staffing
• Background checks
• Product labeling /packaging
• Security
• Hours of operation (8 am to 12 am)
• Indoor /outdoor: Grow operations shall be in buildings /greenhouses (note: 1 -502 allows for
outdoor grow but public view must be obscured by a wall or fence at least eight feet in
height and must meet security requirements described in WAC 314 -55 -083)
• State law does not allow for grow operations at a personal residence
Other concerns:
• Solid waste management from producer and processer businesses.
• Waste water management—may contain insecticide and fertilizer chemical concentrations.
• Odors.
• Fire protection and permitting — especially related to hazardous flammable /explosive
materials.
• Building code compliance.
The growing and processing of marijuana is anticipated to require a lot of water for
growing, and generate wastewater from production. In addition, the growing and
processing of marijuana may involve agrichemicals that could find their way into
wastewater and solid waste, so proper handling of waste needs to be addressed in
reviewing and approving the siting of these facilities. Additionally, fire protection is a
special consideration when the processing of marijuana involves solvents or other
hazardous and potentially explosive materials.
IV. PLANNING COMMISSION DISCUSSION POINTS
Staff is asking for Planning Commissioners' input on the draft recommendations presented in this staff
report and look forward to hearing your feedback on the issues listed below, as well as any additional
issues you may have identified related to the siting of marijuana- related businesses in Federal Way. With
your advance input on this topic, staff will then prepare a report that provides further analysis of these
issues, as well as a series of specific recommendations for your consideration and action at an upcoming
meeting.
1. APPROPRIATE ZONES
Staff's preliminary recommendation is that marijuana- related businesses only be allowed in the
Community Business (BC) and Commercial Enterprise (CE) Zones.
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August 20, 2014, Planning Commission Study Session Page 7 of 8
Discussion: Do you agree with the general siting recommendations outlined in Table 2?
2. SEPARATION STANDARDS
Staff's preliminary recommendation is that the city adopts the state - required separation standards
for marijuana- related businesses of 1,000 feet from designated sensitive uses.
Discussion: Do you agree with the general recommendations for separation standards for
marijuana- related businesses?
3. PROPOSED DEFINITIONS
Staff's preliminary recommendation is that the city adopts the state's definitions for marijuana
and marijuana- related businesses as established by RCW 69.50.101.
Discussion: Are you comfortable with the proposed definitions for marijuana and
marijuana - related businesses?
4. PROPOSED NEW CODE SECTION ON MARIJUANA- RELATED BUSINESSES
Staff's preliminary recommendation is that city adopt a new code section in Title 19 on
Marijuana - related businesses
Discussion: Do you have any particular concerns, comments or questions about the
preliminary recommendations for a new code section on marijuana - related businesses?
5. OTHER DISCUSSION POINTS
Are there other discussion topics or questions pertaining to marijuana - related businesses that the
Planning Commission would like to raise at this time?
V. PLANNING COMMISSION NEXT STEPS
Staff will consider the input of the Planning Commission and prepare detailed proposed code
amendments for your consideration at an upcoming public hearing tentatively scheduled for
September 17, 2014.
FWRC Code Amendments — Marijuana- Related Businesses File 14- 102659 -00 -UP
August 20, 2014, Planning Commission Study Session Page 8 of 8
CITY OF FEDERAL WAY
PLANNING COMMISSION
September 17, 2014 City Hall
7:00 p.m. Council Chambers
MEETING MINUTES
Commissioners present: Tom Medhurst, Lawson Bronson, Hope Elder, Sarady Long, Wayne Carlson,
Diana Noble - Gulliford, Anthony Murrietta, and Nikole Coleman - Porter. Commissioner absent: Tim
O'Neil (excused). City Council Members present: Bob Celski and Lydia Assefa- Dawson. Staff present:
Interim Community Development Director Larry Frazier, Planning Manager Isaac Conlen, Principal
Planner Margaret Clark, Senior Planner Janet Shull, Senior Planner Matt Herrera, Officer Sierra Baker,
Assistant City Attorney Ryan Call, and Administrative Assistant II Tina Piety.
CALL TO ORDER
Chair Medhurst called the meeting to order at 7:00 p.m.
APPROVAL OF MINUTES
The minutes of August 20, 2014, were approved as presented.
AUDIENCE COMMENT
None
ADMINISTRATIVE REPORT
Planning Manager Conlen introduced Alternate Commissioners Murrietta and Coleman - Porter, and Interim
Community Development Director Frazier. He stated the next Commission meeting will be October 15,
2014. Because of a City Council budget meeting, the Planning Commission will be meeting in the Patrick
Maher Room.
COMMISSION BUSINESS
PUBLIC HEARING — Proposed Amendments Related to Development Regulations for Marijuana -
Related Businesses
Senior Planner Shull delivered the staff presentation. She went over the background and the staff's overall
approach, which is intended to align with I -502 and the Washington State Liquor Control Board
(WSLCB) licensing requirements. Staff has been researching what other jurisdictions are doing and she
noted that of those that have adopted regulations, most have adopted the state regulations. The proposed
amendments will allow marijuana retail businesses in the Community Business (BC) and Commercial
Enterprise (CE) zones. They will allow marijuana production and processing businesses only in the CE
zone. The proposed amendments will adopt the state's minimum 1,000 -foot separation from sensitive
uses, as well as the state's definitions. Lastly, the proposed amendments propose a new chapter that deals
with other marijuana - related businesses regulations, such as signage must meet state regulations and they
may not be a home occupation.
K\PIanning Commission \2014Weeting Summary 09- 17 -14. doc
ATTACHMENT 5
Planning Commission Minutes Page 2 September 17, 2014
The meeting was opened for public testimony. Senior Planner Shull read a letter into the record from
George Garrett, CMA. He is in support of the proposed amendments. He is one of the three winning
lottery applicants selected to receive a retail marijuana license as issued by the state. He writes:
"My statement is simple: residents of Federal Way are using marijuana and marijuana - related
products every day despite the ban on legal retail marijuana facilities. Without any legal
channels by which to obtain marijuana currently, a marijuana consumer is forced to obtain his
or her product on the black market. By moving forward to allow the legal and highly
regulated sale of marijuana and marijuana - related products, you move this existing business
out of the black market and into a business that contributes to the community by generating
well - paying jobs and tax revenues. Of further importance, you remove money from the
underground economy, much of which ends up supporting illegal activities, locally,
nationally and beyond our borders."
Commissioner Carlson complimented staff on their work and that they took the Commission's direction
to follow the state guidelines. He agrees that the BC and CE zones are the most compatible for this type
of use. He is concerned that the city recently passed an amendment locating Group Homes Type III in
these zones as well. Specifically, his concern is that those who may be struggling with the use of
controlled substances will possibly be housed close to a business selling a previously controlled
substance. He proposed a separation standard of 300 feet from Group Homes Type III be included in the
proposed amendments. The Commission debated this issue. Commissioner Elder commented that she
agrees that the city has to be sensitive to group homes. Alternate Commissioner Coleman -Porter
expressed concern that additional separation standards would decrease the amount of property available
for marijuana - related businesses. Commissioner Noble- Gulliford stated that many churches may house a
sensitive use (day care, school) and should also be included in the separation standards. Senior Planner
Shull commented that if a church has a sensitive use registered with the state (i.e. day care) they will be
subject to the separation standards. Staff did not include churches in general in the separation standards
because many are located in retail outlets and including them could decrease the amount of property
available for marijuana - related businesses.
Commissioner Bronson commented that he is concerned that if a marijuana - related business is established
and later a`sensitive use (day care, maybe group home) chose to site closer to the marijuana - related
business than the separation standards, that would make the marijuana- related business nonconforming.
Senior Planner Shull stated if a sensitive use chooses to be established within the separation standards,
that would not make the already established marijuana- related business nonconforming. She went on to
say that the city cannot deny a sensitive use (day care) if it chooses to locate within the separation
standards. Commissioner Elder commented that allowing a sensitive use to establish within the separation
standard does not sound consistent.
Commissioner Long expressed concern regarding the possibility of a marijuana- related business located
near a family- oriented business (such as Pattison's West). He requested that staff sent a notice to all
family- oriented businesses in the BC and CE zones that the city is proposing these amendments and a
marijuana- related business may locate near them.
Alternate Commissioner Murrietta stated that the people voted yes for I -502 and the Commission and city
should honor that decision. Commissioner Bronson agreed and noted that liquor- related businesses do not
have separate regulations. Chair Medhurst commented that this is a stewardship moment for our city. We
need to consider what we want our city to be.
K.Tlanning CommissionA20MMeeting Summary 09- 17- 14.doo
Planning Commission Minutes Page 3 September 17, 2014
Commissioner Bronson moved (and it was seconded by Commissioner Noble - Gulliford) to ban marijuana -
related businesses in the City of Federal Way. There was no further discussion. A roll -call vote was held:
Chair Medhurst — Yes
Vice -Chair Bronson — Yes
Commissioner Elder — Yes
Commissioner Carlson — No
Commissioner Long — Yes
Commissioner Noble- Gulliford — Yes
With five (5) yes and one (1) no, the motion carries. The public hearing was closed
Commissioner Bronson moved (and it was seconded) to change the order of the agenda and hold the
Briefing on the Critical Areas Ordinance before the Briefing on the Comprehensive Plan Update. There
was no further discussion and the motion carried.
BRIEFING — Critical Areas Ordinance Update
Senior Planner Herrera delivered the staff presentation.
findings from the city's consultant (Environmental Scif
explained what critical areas are, and what the critical
our existing ordinance:
* Provisions regarding unauthorized alterations
• Mitigation sequencing steps.
• Wetland mitigation ratios for creati(
• Wetland rating system that considej
• No stream buffer enhancement requ
• No buffer from geologically hazard
They also found opportunities for change:
* Use State Department of Natural
* Could provide greater flexibilit?
*
purpose of this briefing is to share the
Associates). He went over the background,
ordinance does. Our consultant found gaps in
iforcement.
storation, or enhancement.
Hand functions and value.
ents.
setback.
typing.
s for non- salmon bearing streams.
* Rely on state's best available science.
* Use State Department of Ecoloffv wetland classification.
• Applicants would no longer need to apply both city and state ratings in order to obtain permits.
• Again, we can rely on state's best available science.
* Allow offsite mitigation of wetland impacts.
* Provide a list of allowed activities that do not require permits.
* Modification of existing structures, invasive removal, grandfathered vegetative maintenance.
* Allow administrative decisions for certain permits.
* Encroachments into stream and wetland buffers.
* Public notice of application and opportunity to comment would remain.
* Structure the code for better ease of use.
* Housekeeping
* All definitions, purpose statements and policies within the critical areas chapter of zoning and
development code.
Senior Planner Herrera commented that the city has a lot of information on the city's webpage
( www. ci, tyoffederalway .com /criticalareas), including a survey, a short video explaining several
K:APIanning CommissionA2014\Meeting Summary 09- 17- 14.doc
Planning Commission Minutes Page 4 September 17, 2014
environmental considerations, and several city documents (map, staff presentation, etc.). The city plans to
hold a public workshop in October or November 2014 and focus /stakeholder group interviews in October
or November 2014. The proposed amendments will then go to the Land Use /Transportation Committee
for a briefing in December 2014 and a study session with the Planning Commission in January 2015.
Commissioner Noble - Gulliford asked for a copy of the PowerPoint presentation. She also asked if aquifer
recharge areas are a part of the critical areas ordinance update and what to do about old ones. Specifically,
she is concerned because Federal Way's first well, which is located at Brooklake and is close to a
wetland, and a new fire station may be built on the site. Senior Planner Herrera replied that current aquifer
recharge areas are part of the ordinance update. He will need to research about the old ones.
Commissioner Noble - Gulliford asked what the city can do in the meantime about the gaps found by the
consultants. Senior Planner Herrera replied that the State Environmental Protection Act (SEPA) process
will address the gaps. Planning Manager Conlen assured the Commission that the city's current
regulations are not dysfunctional or non - effective, but they can be improved.
BRIEFING — Federal Way Comprehensive Plan (FWRC) Major Update — Chapter Ten, "Private Utilities"
Commissioner Long recused himself, he is working on this project as a staff member. Principal Planner
Clark delivered the presentation. She went over the background and stated that staff will be streamlining
the plan to make it easier for the citizens and decision makers to read and quickly grasp the vision and
how it will be implemented. It is difficult for staff to update this chapter due in part to changes in
technology and upgrades/ changes by the utilities. For this GMA required chapter, most other
jurisdictions describe what exists and generally what may exist in the future and the city will do the same
in our chapter with this update. The majority of the edits are corrections of outdated language and
elimination of unnecessary language. The city is in process of obtaining information from some private
utilities (such as Puget Sound Energy), but this should not affect the policy level discussion.
Staff proposes to delete the detailed descriptions on how the utilities work because this information is
easily found elsewhere. Staff recommends deleting the Issue Statements as they do not appear to add
value to the chapter (in addition, no other chapters have Issue Statements). Staff proposes to delete two of
the current goals and add a different goal. Finally, staff proposes deleting five of the current 23 polies and
adding two new policies.
Commissioner Noble - Gulliford noted that Waste Management is not included in the chapter and asked if
they are exempt. Principal Planner Clark replied she does not know why they have not been included and
will talk with the city's Solid Waste Coordinator about adding information on Waste Management.
Commissioner Noble- Gulliford also noted that the city has a franchise with the Zayo Group for a fiber
optic network in the city and suggested that utilities of this type be added to the chapter. Principal Planner
Clark replied that she will research the issue.
Alternate Commissioner Coleman -Porter suggested that the staff indicate any goals and /or policies
required by the state or county. Senior Planner Clark replied that the state and King County each has one
for private utilities.
ADDITIONAL BUSINESS
None
ADJOURN
The meeting was adjourned at 8:30 p.m.
KAPIanning Commission\2014Meeting Summary 09 -17 -14 doc
CITY OF FEDERAL WAY
PLANNING COMMISSION
August 20, 2014 City Hall
7:00 p.m. Council Chambers
MEETING MINUTES
Commissioners present: Lawson Bronson, Sarady Long, Wayne Carlson, Tim O'Neil, Diana Noble -
Gulliford, and Nikole Coleman - Porter. Commissioners absent: Tom Medhurst, Hope Elder, and Anthony
Murrietta (all excused). City Council present: Deputy Mayor Jeanne Burbidge, Members Lydia Assefa-
Dawson, and Martin Moore. Guest present: King County Environmental Health Planner Amy Shumann.
Staff present: Planning Manager Isaac Conlen, Principal Planner Margaret Clark, Senior Planner Janet
Shull, Associate Planner Stacey Welsh, Officer Sierra Baker, Assistant City Attorney Ryan Call, and
Administrative Assistant 11 Tina Piety.
CALL TO ORDER
Vice -Chair Bronson called the meeting to order at 7:05 p.m.
APPROVAL OF MINUTES
The minutes of July 2, 2014, were approved as presented.
AUDIENCE COMMENT
None
ADMINISTRATIVE REPORT
Planning Manager Conlen stated the next Commission meeting will be a public hearing on the proposed
amendments regarding marijuana- related business on September 17, 2014. He commented that the
Commission will be meeting often the next few months regarding the 2015 Comprehensive Plan Major
Update.
COMMISSION BUSINESS
PRESENTATION — Seattle King County Health Department, "Health and Comprehensive Planning"
King County Environmental Health Planner Amy Shumann delivered the presentation. While King County
ranks high in regards to general health, South King County is less healthy. She reviewed health statistics
and provided Commissioners with a copy of the Federal Way and East Federal Way Health profiles. In
addition, she gave the Commissioners information about Communities Count, which is a public - private
partnership committed to providing reliable, timely, and relevant data to improve the quality of life for
King County residents (www.communitiescount.ori-,,). Ms. Shumann noted that community -wide policies
and traits impact each person's health. Such policies and traits include:
Tobacco advertising near children
Availability of smoke -free housing
Bike and pedestrian facilities — access and quality
K:Tlannin, CommissionA2014AMeetino Summary 08- 20 -14doc ATTACHMENT 6
Planning Commission Minutes Page 2 August 20, 2014
• Parks — access and quality
• Access to healthy foods
• Density of liquor stores
Good bike and pedestrian infrastructure; high quality public transportation; and quality, affordable
housing all provide health, economic, and environmental benefits. Commissioner Carlson commented
that if staff uses this data, be aware that correlation does not necessarily mean causation. Commissioner
Noble - Gulliford asked what will happen to the data when the Federal Way Health Clinic closes. Ms.
Shumann replied that there are no answers at this time. Commissioner Noble - Gulliford asked if marijuana
use will be included in future statistics. Ms. Shumann replied that she will have to research this question
and will let staff know the result. Commissioner Long asked how access to healthy food is measured. Ms.
Shumann replied it is by how far one lives from a full- service grocery store.
STUDY SESSION — Proposed Amendments Related to Development Regulations for Marijuana -
Related Businesses
Senior Planner Shull delivered the staff presentation. The intent of the study session is to provide an
overview of state law and obtain Commissioner input. The City Council enacted a moratorium on
marijuana- related businesses and directed staff to begin working on recommended regulations that
address: appropriate zoning; health and safety; licensing; and compliance with the law. The moratorium
expires on November 5, 2014. Per state law, up to three retail establishments may be located in Federal
Way. The state does not limit the number of processing (turning marijuana into a product) or production
(growing) establishments. There are separation standards from sensitive uses (schools, libraries, parks,
etc.). Given partially to these separation standards, there is little area in Federal Way where marijuana
establishments may locate. To date, 15 applicants have applied for a Washington State Liquor Board
marijuana retailer license in Federal Way. Staff is keeping track of how other jurisdictions are responding
to this issue.
Staff's preliminary recommendations for amendments to the Federal Way Revised Code (FWRC) deal
with appropriate zoning districts, separation standards, and definitions. Staff recommends that retail
establishments be allowed in the Community Business (BC) and Commercial Enterprise (CE) zoning
districts, with processing and production facilities allowed only in the CE zoning district. Adoption of the
staff's recommendation of zoning districts would mean that establishments would be able to locate in a
few areas at the south end of the Pacific Highway South corridor at SR 18 /South 348th Street and the
north end of the Pacific Highway South corridor at South 312th and north to the city limits. Staff proposes
adopting the state's minimum 1,000 -foot separation from sensitive uses. Such uses include: elementary
and secondary schools; playgrounds; recreational center or facility; child care center; public park; public
transit center; library; and game arcades open to people under 21. Staff proposes adopting the state
definitions for: marijuana; marijuana processor; marijuana producer; marijuana retailer; marijuana -
infused products; retail marijuana outlet; and usable marijuana. Staff recommends adoption of a new code
section that would address: signage; facility size; security; visibility; hours of operation; indoor or
outdoor growing; waste management; and fire protection.
Upon receipt of Commissioner input, staff will proceed with development of specific recommendations
for the FWRC amendments. The recommendations for amendments will be brought to the Planning
Commission for consideration at a Public Hearing scheduled for September 17. The Planning
Commission recommendation is tentatively scheduled to go to the Land Use /Transportation Committee
October 6 and to the City Council October 21.
Commissioner O'Neil asked if the city currently has any medical marijuana dispensaries and does the city
have any applications for processing and/or production facilities. Senior Planner Shull responded that the
city does not have any medical marijuana dispensaries (she noted that the legal opinion is that now with I-
K:Tlannino CommissionA2014 \Mee[i ng Summary 08- 20 -14. doe
Planning Commission Minutes Page 3 August 20, 2014
502, any medical dispensaries will have to be retail outlets). Another possibility for medical marijuana is
a collective garden. We do not have any that staff is aware of in Federal Way. It is unclear under I -502
how collective gardens will be regulated. Senior Planner Shull does not know if any processing and/or
production facilities have been applied for. She can research the answer.
Commissioner Carlson feels the staff is heading in the right direction. He is concerned about allowing
group homes and marijuana - related businesses in the same area. The city may be placing people who
struggle with the tendency to abuse next to retail sales of the product. Perhaps a smaller separation
standard could be required for them (say a couple hundreds of feet, so we do not amplify that temptation).
Senior Planner Shull responded that she has not seen a jurisdiction that has a separate separation standard
for group homes, but she has seen some with separate separation standards for similar facilities. Staff will
need to research this issue.
Commissioner Long asked if a jurisdiction bans marijuana - related businesses, would another jurisdiction
be allowed more than three retail establishments. Senior Planner Shull responded no, it is her
understanding that the state will only allow a certain number of retail establishments in a jurisdiction
based on its population.
Commissioner Noble- Gulliford expressed concern that churches are not included in the separation
standards because many of them have schools and daycares. Senior Planner Shull responded that if a
church daycare is registered with the state, they would be protected by the separation standard. She is not
sure about schools in churches and if they are registered with the state. She will have to research this
issue. Vice -Chair Bronson expressed concern that if church and home schools are registered with the state
and protected by the separation standard, there may be no place in the city that a marijuana- related
business could locate.
Commissioner Long inquired if there is any information from Colorado regarding before and after crime
rates. Officer Baker responded there are a few articles that discuss this issue and she can look up statistics
that show that establishment in Tacoma are often robbed (because they are cash businesses). The potential
for violence is there and some articles state they believe marijuana- related businesses have increased the
crime rate in Colorado.
Alternate Commissioner Coleman -Porter encouraged staff to base most of their proposed amendments on
current state regulations because this is a fluid issue and those regulations may change, which could leave
more detailed Federal Way regulations in conflict with the state regulations.
Commissioner Long encouraged staff to make a special effort to let businesses in the proposed zoning
districts and nearby areas know that amendments are being proposed that may allow marijuana - related
establishments to locate near them.
Vice -Chair Bronson noted that the Commission's consensus is for staff to proceed with the current
direction regarding proposed amendments on marijuana - related businesses.
ADDITIONAL BUSINESS
Planning Manager Conlen introduced Alternate Commissioner Nikole Coleman - Porter and Assistant
Planner Stacey Welsh.
ADJOURN
The meeting was adjourned at 8:30 p.m.
K Tlannine Coin m i ssi urA2014 \Meeting Summary 03- 20- 44.doc
George Garrett, CMA
19124 12th Avenue NW
Shoreline, WA 98177
206 - 792 -6857; george.garrett206 @gmaii.com
September 17, 2014
To: Federal Way Planning Commission
Re: Federal Way Revised Code (FWRC) to regulate recreational marijuana - related retail, production, and
processing businesses within the city.
By way of background, I am one of the three winning lottery applicants selected to receive a retail marijuana
license as issued by the State, pursuant to 1 -502.
I encourage the City's Planning Commission to move forward with the planning for and implementation of
rules and regulations allowing marijuana and marijuana - related retail sales within the City, in accordance
with the voter's initiative 1 -502.
My statement is simple: residents of Federal Way are using marijuana and marijuana- related products every
day despite the ban on legal retail marijuana facilities. Without any legal channels by which to obtain
marijuana currently, a marijuana consumer is forced to obtain his or her product on the black market.
By moving forward to allow the legal and highly regulated sale of marijuana and marijuana - related products,
you move this existing business out of the black market and into a business that contributes to the
community by generating well - paying jobs and tax revenues. Of further importance, you remove money
from the underground economy, much of which ends up supporting illegal activities, locally, nationally and
beyond our borders.
Regards,
George Garrett, CMA, Managing Member
Green Grotto LLC
ATTACHMENT 7
COUNCIL MEETING DATE: October 21, 2014
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM
SUBJECT: ORDINANCE: RENEWAL OF SIX MONTH MORATORIUM ON COLLECTIVE GARDENS
POLICY QUESTION: Should the City Council renew the Moratorium on Collective Gardens for Six Months?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City.Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Amy Jo Pearsall, City Attorney DEPT: Law
AttachmentsN1roposed Ordinance renewing the moratorium on collective gardens for six months.
Ohvadl 1P 0?c cd er 4k"C .-
Background: E2SSB 5073 (medical marijuana) decriminalizes certain uses of marijuana under state law.
However, marijuana remains illegal under federal law. The City does not have regulations that address E2SSB
5073 and will be considering an Ordinance tonight to prohibit other Marijuana related businesses under Initiative
502 (recreational marijuana) from locating or operating in the City. The current moratorium which currently
covers both collective gardens and recreational marijuana will expire on November 5, 2014. The renewal of the
moratorium will preserve the status quo of collective gardens and medical marijuana dispensaries while the City
develops and implements appropriate regulations.
MAYOR'S RECOMMENDATION: Adopt Ord" a and Renew Moratorium
MAYOR APPROVAL: N/A Ir �'� DIRECTOR APPROVAL:—AM 1011011-f
Committee C cil InitiaUDate
Initial/Date InitiaUDa/ rt
CHIEF OF STAFF: N/A Ji7vl ) i CUM-
Committee Council (
Initial/Date Initial ate k11V V\
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member Committee Member
PROPQS�p C�O C It TION(S): M"* d1(9nd i� 1�or m O17 Mar�Jama ecu w o-o
c�VncLOerlaald �rtiyij �l�vD�ved �� `c S�e(t, �ltwtuach�� cr Ats9►t,�r,id r)1uCanu(�rttpj,
1ST READING OF ORDINANCE AND ADOPTION: .
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) _
COUNCIL ACTION COUNCIL BILL #
APPROVED 1* f'4
DENIED 111111 1ST reading 101:21114
❑ TABLED/DEFERRED/NO ACTION Enactment reading /V at
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED- 08/12/2010 RESOLUTION #
a) proposed ordinance
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, renewing the
moratorium imposed by Ordinance 13 -749 on marijuana collective
gardens and related uses for six months.
WHEREAS, on November 5, 2013 the City of Federal Way City Council passed
Ordinance No. 13 -749 imposing a one year moratorium on marijuana collective gardens that will
expire on November 5, 2014; and
WHEREAS, the Legislature passed E2SSB 5073, effective July 22, 2011, that amended
the Medical Cannabis Act, RCW Chapter 69.51A, which allows marijuana to be grown in
"collective gardens" and their related uses for the purpose of producing, processing, transporting
and delivering marijuana for medical use subject to certain conditions; and
WHEREAS, E2SSB 5073 allows the City to regulate medical marijuana by enacting
zoning, licensing and/or health and safety requirements; and
WHEREAS, Initiative 502 directed the Washington State Liquor Control Board to
develop a program for recreational marijuana producers, processors and retailers; and
WHEREAS, the Liquor Control Board has not addressed E2SSB 5073 with the
regulations for Initiative 502 recreational marijuana; and
WHEREAS, the City does not have any land use regulations regarding "collective
gardens" under E2SSB 5073.
WHEREAS, the authority of a city to regulate and ban medical marijuana collective
gardens is currently pending before the Washington State Supreme Court; and
WHEREAS, marijuana is a schedule I controlled substance and the growing, distribution
Ordinance No. 14- Page 1 of S
Rev 1/10
and possession of marijuana is a violation of Federal law; and
WHEREAS, on August 29, 2013, the Department of Justice issued a memorandum that
implies the federal government will not interfere with state and local marijuana regulations
provided that those regulations implement a strong and effective regulation and enforcement
system that contains robust controls and procedures on paper and that is effective in practice as
evidence by providing necessary resources and enforcement actions to address certain federal
government concerns; and
WHEREAS, in order to address the federal government's concerns it is anticipated that
the City will need to take an active role in providing necessary resources and enforcement; and
WHEREAS, the City will receive no additional funding from the state to provide
necessary resources and enforcement; and
WHEREAS, under the business regulations in Federal Way Revised Code 12.05,
marijuana related business are currently prohibited from operating in the City as they violate
Federal law; and
WHEREAS, an Ordinance put forth tonight will prohibit recreational Marijuana related
business, such as marijuana production, processing or retails sales from locating or operating in
any zone within the City of Federal Way; and
WHEREAS, in order to address E2SSB 5073 it is anticipated that additional amendments
will need to be made to the City's zoning, business and public safety regulations; and
WHEREAS, the City is concerned that collective gardens and medical dispensaries could
become established in the City that are inconsistent with or conflict with future regulation
schemes; and
Ordinance No. 14- Page 2 of 5
Rev 1 /10
WHEREAS, the Council has determined that it is in the public interest to extend the
moratorium to evaluate and, if necessary, enact regulations in response to E2SSB 5073 and
Department of Justice guidance; and
WHEREAS, the Planning Commission's work program will need to continue to review
marijuana related code amendments as a high priority;
WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 authorize the City to adopt a
moratorium; and
WHEREAS, the renewal of this moratorium is exempt from the requirements of a
threshold determination under the State Environmental Policy Act; and
WHEREAS, the desire to maintain status quo and the potential adverse impacts on the
public health, property, safety and welfare of the City and its citizens if this Ordinance does not
take effect upon expiration of Ordinance No. 13 -749 on November 5, 2014, justifies the
declaration and designation of this ordinance as a public emergency ordinance necessary for the
protection of public health, public safety, public property or the public peace by City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following
findings of fact:
(a) The foregoing whereas provisions are adopted as findings of fact.
(b) The renewal of the moratorium is necessary to preserve the status quo until the
City adopts appropriate zoning, health safety, and /or licensing regulations; and to insure that the
regulations comply with the law.
Ordinance No. 14- Page 3 of 5
Rev 1 /10
(c) The renewal of the moratorium is necessary to preserve the status quo until the
City adopts appropriate zoning, health safety, and /or licensing regulations.
Section 2. Moratorium Renewed. The moratorium established pursuant to Ordinance 13-
749 imposing a one year moratorium on marijuana collective gardens is renewed for an
additional six months to expire May 5, 2015.
Section 3. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not
affect the validity of the remainder of the ordinance, or the validity of its application to any other
persons or circumstances.
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 5. Effective Date. This ordinance shall be effective five (5) days after passage
and publication as provided by law.
2014.
PASSED by the City Council of the City of Federal Way this day of October,
CITY OF FEDERAL WAY
MAYOR, JIM FERRELL
Ordinance No. 14- Page 4 of 5
Rev 1/10
ATTEST:
CITY CLERK, STEPHANIE COURTNEY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, AMY JO PEARSALL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 14- Page 5 of 5
Rev 1 /10
bj revised proposed ordinance, adopted
�ov ORDINANCE NO.
WAO
AN ORDINANCE of the City of Federal Way, Washington, renewing the
moratorium imposed by Ordinance 13 -749 on marijuana collective
gardens and other related activities involved in the sale, manufacturing,
or distribution of marijuana for six months.
WHEREAS, on November 5, 2013 the City of Federal Way City Council passed Ordinance
No. 13 -749 imposing a one year moratorium on marijuana collective gardens and other activities
involved in the sale, manufacturing, or distribution of marijuana that will expire on November 5,
2014; and
WHEREAS, the Washington State Liquor Control Board recreational marijuana rules do not
affect local zoning and building regulations, but do place location restrictions on recreational
marijuana businesses that will need to be monitored by the City; and
WHEREAS, the Washington State Liquor Control Board allotted three (3) retail
establishments within the City of Federal Way
WHEREAS, the Legislature passed E2SSB 5073, effective July 22, 2011, that amended the
Medical Cannabis Act, RCW Chapter 69.51A, which allows marijuana to be grown in "collective
gardens" and for the purpose of producing, processing, transporting and delivering marijuana for
medical use subject to certain conditions; and
WHEREAS, E2SSB 5073 allows the City to regulate medical marijuana by enacting zoning,
licensing and/or health and safety requirements; and
WHEREAS, Initiative 502 directed the Washington State Liquor Control Board to develop a
program for recreational marijuana producers, processors and retailers; and
Ordinance No. 14- Page I of 5
Rev 1 /10
WHEREAS, the Liquor Control Board has not addressed E2SSB 5073 with the regulations
for Initiative 502 recreational marijuana; and
WHEREAS, the City does not have any land use regulations regarding "collective gardens"
under E2SSB 5073 and the impacts of Initiative 502 on "collective gardens" is unknown.
WHEREAS, the authority of a city to regulate and ban medical marijuana collective gardens
is currently pending before the Washington State Supreme Court; and
WHEREAS, marijuana is a schedule I controlled substance and the growing, distribution and
possession of marijuana is a violation of Federal law; and
WHEREAS, on August 29, 2013, the Department of Justice issued a memorandum that
implies the federal government will not interfere with state and local marijuana regulations provided
that those regulations implement a strong and effective regulation and enforcement system that
contains robust controls and procedures on paper and that is effective in practice as evidence by
providing necessary resources and enforcement actions to address certain federal government
concerns; and
WHEREAS, in order to address the federal government's concerns it is anticipated that the
City will need to take an active role in providing necessary resources and enforcement; and
WHEREAS, the City will receive no additional funding from the state to provide necessary
resources and enforcement; and
WHEREAS, under the business regulations in Federal Way Revised Code 12.05, marijuana
related business are currently prohibited from operating in the City as they violate Federal law; and
Ordinance No. 14- Page Z of 5
Rev 1/10
WHEREAS, in order to address Initiative 502 and E2SSB 5073 it is anticipated that
additional amendments will need to be made to the City's zoning, business and public safety
regulations; and
WHEREAS, the City is concerned that collective gardens and medical dispensaries could
become established in the City that are inconsistent with or conflict with future regulation schemes;
and
WHEREAS, the Council has determined that it is in the public interest to extend the
moratorium to evaluate and, if necessary, enact regulations in response to Initiative 502 and E2SSB
5073 and Department of Justice guidance; and
WHEREAS, the Planning Commission's work program will need to continue to review
marijuana related code amendments as a high priority;
WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 authorize the City to adopt a
moratorium; and
WHEREAS, the renewal of this moratorium is exempt from the requirements of a threshold
determination under the State Environmental Policy Act; and
WHEREAS, the desire to maintain status quo and the potential adverse impacts on the public
health, property, safety and welfare of the City and its citizens if this Ordinance does not take effect
upon expiration of Ordinance No. 13 -749 on November 5, 2014, justifies the declaration and
designation of this ordinance as a public emergency ordinance necessary for the protection ofpublic
health, public safety, public property or the public peace by City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Ordinance No. 14- Page 3 of 5
Rev 1/10
Section 1. Findings. The City Council of the City of Federal Way makes the following
findings of fact:
(a) The foregoing whereas provisions are adopted as findings of fact.
(b) The renewal of the moratorium is necessary to preserve the status quo until the City
adopts appropriate zoning, health safety, and /or licensing regulations; and to insure that the
regulations comply with the law.
(c) The renewal of the moratorium is necessary to preserve the status quo until the City
adopts appropriate zoning, health safety, and/or licensing regulations.
Section 2. Moratorium Renewed. The moratorium established pursuant to Ordinance 13 -749
imposing a one year moratorium on marijuana collective gardens and other activities involved in the
sale, manufacturing, or distribution marijuana to include retailers of recreational marijuana is
renewed for an additional six months to expire May 5, 2015.
Section 3. Severability. The provisions of this ordinance are declared separate and severable.
The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance,
or the invalidity of the application thereof to any person or circumstance, shall not affect the validity
of the remainder of the ordinance, or the validity of its application to any other persons or
circumstances.
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Ordinance No. 14- Page 4 of 5
Rev 1/10
Section 5. Effective Date. This ordinance shall be effective five (5) days after passage and
publication as provided by law.
PASSED by the City Council of the City of Federal Way this day of October, 2014.
CITY OF FEDERAL WAY
MAYOR, JIM FERRELL
ATTEST:
CITY CLERK, STEPHANIE COURTNEY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, AMY JO PEARSALL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 14-
Page 5 of S
Rev 1/10