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Council PKT 03-17-2015 Regular . c Federai Way I 2�th ,, Ammversary 111 iki, 7S ' -29A� CITY COUNCIL REGULAR MEETING AGENDA Council Chambers - City Hall March 17, 2015 — 7:00 p.m. ww ff r iwa .c m w.cityo ede a y o 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Mayoral Proclamation/4A State Champions FWHS Boys Basketball Team ...page 3 b. Recognition of Outstanding Youth Athletes • Federal Way High School Boys Basketball Team • Todd Beamer High School Girls Basketball Team c. Mayoral Proclamation -St. Patrick's Day ...page 4 d. Advancing Leadership Youth "Co-op with the Cops" e. Recognition of Multi-Family Recycling Ambassadors f. Mayor's Emerging Issues and Report • Federal Way's 25th Anniversary Celebration • State of the City Address- April 1st 11:30am-Twin Lakes Golf&Country Club • Neighborhood Connection Meeting April 23rd 6pm -Adelaide Elem • Business Connection March 24th 7:30 am-Courtyard by Marriott • 30th District Town Hall Meeting Recap (March 14th/City Hal) • Day Shelter Update • Police/Fire Basketball Game-April 4th 12pm-Federal Way Community Center 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: March 3, 2015 Special and Regular Meetings ...page 5 The Council may add items and take action on items not listed on the agenda. b. 2015 Asphalt Overlay Bid Award ...page 14 c. S. 304th Street @ 28th Ave S — 100% Status and Authorization to Bid ...page 20 d. Safety Improvement Project— Project Acceptance ...page 22 e. Mayer Right of Way Lease Agreement Extension ...page 24 f. 2015 Annual Report— NPDES Municipal Stormwater Permit ...page 28 g. Waste Management/Cedar Grove Composting: Processing Surcharge ...page 56 h. Washington Traffic Safety Commission (WTSC) Target Zero Team (TZT) Law Enforcement Liaison (LEL) Memorandum of Understanding ...page 65 i. Inclusion Scholarship Program ...page 81 j. Arts Commission 2015 Work Plan ...page 83 6. COUNCIL BUSINESS a. Confirmation of Michael Morales as Community Development Director ...page 86 b. Town Square Park 30% Design ...page 87 c. Resolution of Support for a WSU Medical School ...page 88 d. Resolution of Support for a New Mental Health Facility in Pierce County ...page 92 7. ORDINANCES First Reading: a. Council Bill #670 Ordinance to Allow Recreational Marijuana Related Businesses ...page 98 AN ORDINANCE of the City of Federal Way, Washington, relating to marijuana-related businesses; adding new sections FWRC 19.220.150, and 19.240.190 and adding new chapter FWRC 19.280"Marijuana-Related Businesses"(Amending Ordinance Nos. 09- 610, and 13-754) First Reading/Enactment: b. Council Bill #671 Establishing a Moratorium on Medical Marijuana ...page 203 AN ORDINANCE of the City of Federal Way, Washington, imposing a one year moratorium on medical marijuana-related businesses,collective gardens,dispensaries, and other activities involved in the sale, manufacture,or distribution of medical marijuana; establishing a work group to develop a work plan; and setting a date for a public hearing. Second Reading/Enactment: c. Council Bill#669 2015 Budget Amendment/PACC Fund ...page 210 AN ORDINANCE of the City of Federal Way, Washington, relating to budgets and finance, adopting the Amendment to the 2015/2016 Biennial Budget. 8. COUNCIL REPORTS 9. EXECUTIVE SESSION • Potential Litigation Pursuant to RCW 42.30.110(1)(i) 10. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. t E SC - .,"*">:,.: ,_if7., )__-- 1: f I I� II 4i OJT?PST,auks,, c ig Federal WWe: °7'.,, ;r CD c y a� l,ll :9;;;;TION PRO - k "Federal Way Eagle Day" �" WHEREAS, Thirteen young men came together with one common goal, dedicated to a ),,.,,,sense of team,led by a state champion coach Jerome Collins; ands " 1 WHEREAS, the Federal Way High School Varsity Boys Basketball team played to a 27- 2 record, going undefeated in league play with a 16-0 record, not losing to a single 4A --.-.- A school in the state;and 3 WHEREAS, these young men of character overcame adversity losing their leading I • ` scorer at the beginning of the season; and , i- , , WHEREAS, in the words of Head Coach Jerome Collins, "You never can achieve :� greatness without sacrifice," a motto the Eagles carried with them throughout their ; undefeated Spring, and Fall League schedules, as well as throughout their remarkable 29-game season;and c WHEREAS, this team, led by captain and state MVP Viont'e Daniels and co-captain ..(,-,.-.%-..-.-. )-i Christian Jones represented our city and their school well with a championship attitude; - and WHEREAS, on March 5th, 2015 the Eagles earned a spot in the final four, defeating ` Moses Lake High School 74-63, and defeated Union High School 71-68 on March 7th, E 2015 to advance to the 4A Basketball State Championship Game, securing the school's c p P g ` ,� `_ second basketball state championship with a 65-46 victory over Davis High School; and WHEREAS, the teams motto, "Play Hard, Rebound, Defend, Share the Ball, WE WIN" guided this outstanding group of young men, a group the entire city is proud to call their ...„----- --\ ' own, to the title of champion, a title that can never be taken away; -.'( NOW, THEREFORE, I, the undersigned Mayor of the City of Federal Way, Washington, do hereby proclaim the day of March 1 s, 2015 as Federal Way Eagle Day in the City of Federal Way and call upon all citizens to observe this day by wearing blue and white, and by proudly flying their American Flag at their homes or businesses ). . in support of Eagle Pride. - ''''''- --\ -- .), CC SIGNED this 17th day of March, 2015 City, ofFederal Way Mayor �. 411/Jim / .'errell, Mayor -- lir 1 r t r t r i1t e m r � 7 C ` rt m" r?, _ 7 o-' aN w11 _ 4,_ hi y � t i;�: wJ ma!I ,ii v r , ' Y i p� 'v /i A r ' 1/ A,y, LLX \ 4 f �" f -!■-- 'f V ` -� n ✓fit, S �t 1 `✓ k, ' > -x r i 7 ra A---V hx Ct,. ` ,,..a'k 1 � it JPppST BU��O' . r ,-- i Federal■Way % C ( 25J '990-2O4� PROCLAMATION �� "Irish American Heritage Week: March 15th—21st" 1 , WHEREAS, in the words of General Washington, today we pay tribute to a "Brave and Generous people;" and u fi ' WHEREAS, the nearly 780,000 Washingtonians of Irish descent contribute to , )our community through their churches, businesses, and charitable organizations; and . c WHEREAS, Americans of Irish descent have had a lasting impact on American ? -,,,ij history hosting amongst them 17 presidents of the United States, 11 signers of ,�' _ the Declaration of Independence, the father of the American Navy John Barry, the creator of the first submarine to be commissioned by the US Navy, the creator of the first affordable automobile Henry Ford, and proudly having in their ranks the _ (-- �� first American woman to walk in space Kathryn Sullivan; and WHEREAS, in the words of General Washington, Washingtonians of Irish descent are indeed "Brave and Generous" serving in our nation and state in the Armed Forces of the United States of America, claiming nearly half of the Union , Army regiments during the American Civil War, and 257 individual Medal of 1 '1' c C Honor recipients; and } WHEREAS, as Mayor of Federal Way, I am proudly a Washingtonian of Irish Descent; )1),yi NOW, THEREFORE, I, the undersigned Mayor of the City of Federal Way, Washington, do hereby proclaim the week of March 15 — 21, 2015 as Irish- .. --- American Heritage Week in the City of Federal Way and call upon all citizens 1 to observe this week by celebrating the contributions of the Irish-Americans to t our community. Beannachtai na Feile Padraig(Happy St. Patrick's Day). a � ( --, SIGNED this 17th day of March, 2015 �" '),-1, City of Federal Way Mayor \.. _ _ / fJimFerel1Mayor / r. . �� \ / sY 5,c .� ,'m;'"^.KSR;' cvX- A!A^i !+.FF w:.'n°rY 4 4'Y..? 4 'x,".� F^ M,.:•`: v r..: `t .,r �, ��V r � A�-�� .,. 4 ass IuI IuI .. • I • ,, ✓ r∎ r �% t = }1yI I I,r COUNCIL MEETING DATE: March 17,2015 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes of the March 3,2015 Regular and Special 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 Attachments: Draft minutes from the March 3,2015 Regular and Special 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 gniti N/A N/A CHIEF OF STAFF: 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 1ST reading _ ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE 4 REVISED—10/01/2014 RESOLUTION# Alb, CITY OF ,1... Federal Way CITY COUNCIL DONI REGULAR MEETING MINUTES Council Chambers - City Hall March 3, 2015 — 7:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the Regular Meeting to order at the hour of 7:05 pm 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. rn Amy Jo Pearsall and City Clerk City staff in attendance: Chief of Staff Brian Wilson, City Attorney y ty Y Y Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Flag salute was led by Lori DeVore. 3. PRESENTATIONS a. Mayor's Key to the City—Teri Rickel Mayor Ferrell was pleased to introduce and present Ms. Teri Rickel with the Mayor's Key to the City. He noted we are taking the time to thank someone who has made a difference in so many lives over so many years. Ms. Hickel took the helm of Advancing Leadership in 2000 when it was a much smaller and relatively new organization and during the past 15 years, more than 480 adults and 350 students have graduated from the program and gone on to take leadership positions in local government, community organizations, schools and businesses. Ms. Hickel graciously thanked the Mayor and Council for this honor and thanked her family for their support over the years. She commented she is not retiring but stepping aside and thankful for all the wonderful people she has met over the years. Councilmember Maloney noted the huge role she has played in her life and the true"multiplier effect", Teri has made in the community. Councilmember Duclos stated she was on the Chamber Board when Advancing Leadership programs were just beginning. She thanked Teri for the impact she has made on the community. Councilmember Assefa-Dawson stated she is a 2002 graduate and thanked Teri for helping her"find her voice", and for her encouragement of her and her sons. Deputy Mayor Burbidge stated Teri is a personal inspiration and has been an inspiration to so many in the community;she is eager to see her future projects. Councilmember Celski recounted the 830 individuals she has inspired and the amounts of those individuals have gone on to accomplish and achieve great things. He thanked her for including him in the Advancing Leadership Youth panels; he has very much enjoyed them. Federal Way City Council Regular Minutes Page 1 of 6 March 3, 2015 Councilmember Honda thanked Teri for her contributions and noted she has a bright future ahead. Councilmember Moore thanked Teri for having the ability to make people around her at ease and put a smile on their face; and thanked her for her guidance to the Youth and the next generation of leaders. RECEPTION HONORING TERI HICKEL At 7:23 pm the Mayor announced the Council would be taking a brief recess for a reception in honor of Ms. Teri Hickel. The Mayor reconvened the meeting at 7:38 pm. b. Certificate of Appointment- Independent Salary Commission Deputy Mayor Burbidge stated at the February 17th meeting, Council confirmed the Mayor's re- appointment of David Nelson as a voting member of the Independent Salary Commission. Mr. Nelson's certificate will be mailed as he was unable to attend tonight's meeting. c. Mayor's Emerging Issues and Report • PACC Director Theresa Yvonne • Community Development Director Appointee Michael Morales Mayor Ferrell was pleased to report on the new Performing Arts and Conference Center Director Theresa Yvonne who will begin on March 10th. He also announced he has selected Michael Morales as the new Community Development Director, subject to Council confirmation on March 17th. Mr. Morales comes from the Yakima area, where he served in many capacities including Community Development Director and Interim City Manager for the City of Yakima. • PACC Update (TCI) Performing Arts and Conference Center Project Manager Will Appleton briefed the Council on the Project Organization and the Delivery Method selected which is the "Design-Bid-Build Method". He further displayed a site plan which includes a full kitchen; an element added to facilitate the Culinary Institute. Councilmembers asked clarifying questions regarding the hotel component and the capacity of the Conference Center. Mr.Appleton noted the hotel is currently on hold as the details from Town Center III are worked through. He attempted to estimate the capacity of the facility; however stated he would follow up with Councilmembers with a more firm figure. • Town Square Park Update (TCII) Parks Director John Hutton gave a quick update on the progress of the park design and planning for the Town Square Park. He noted the staff designs are currently being finalized by David Clark Architects and the next process is the Parks Commission and the Parks Council Committee later this month. The designs which include a great lawn, colorful trees,walking path, restrooms,spray feature, and veteran's memorial will be brought before the next Council meeting. • RFQ Process for TCIII Economic Development Director Tim Johnson noted the process and timeline for the Request for Qualifications(RFQ)for the former Target Property currently known as Town Center Ill. He displayed a map of the Town Center Development noting Town Center is 21 acres in the heart of downtown Federal Way,featuring the 700 seat Performing Arts and Conference Center(under construction)and adjacent hotel, the 4-acre Town Square Park , 9 acres of retail, office, civic and residential development opportunities, and the Federal Way Transit Center. Federal Way City Council Regular Minutes Page 2 of 6 March 3, 2015 He updated Council on the following status of the project. He noted the RFQ was released February 23, 2015 and published in the Daily Journal of Commerce and City Website. The next steps include the RFP Conference March 18th and the Statement of Qualification due March 30th • Day Shelter/Hygiene Center Update Chief of Staff Brian Wilson gave a brief update on the Day Shelter Initiative per Mayor Ferrell's request. He noted the next steps include initiate a regional planning approach, identify partnership opportunities; identify ways to support, augment, and enhance needed homelessness services, evaluate the feasibility of day shelter services; and identify a service model which is sustainable to meet local and regional needs. He referenced the$100,000 earmark which has been submitted to Senator Andy Hill, Chief Budget Writer for inclusion in the budget. He highlighted funding in 2014 which is expressed in $8.48 per captia in 2014. This includes Human Services Grant Funding ($516k); CDBG Public Services ($97,355); and Housing Repair Program ($151,313). He noted increased funding in 2015 including the Public Health Clinic($221 K)and one-time proposed increases($91 k)per capita spending in 2015 is$11.14. He noted he is meeting with community partners and discussing partnerships; leadership structure; and strategy. The next meeting will be Monday, March 9th Councilmembers asked clarifying questions regarding the regional planning approach and services which are currently offered in neighboring cities in comparison of those individual who are seeking services within this community. Mr.Wilson noted analysis of all services; both within the city and in the region are being done. Additional Council discussion took place regarding Human Services funding and whether or not a facility such as the one being discussed, may take care of root causes would lessen the need for additional services later on. Mr.Wilson noted the Human Services Commission is authorized by the Council to make recommendations of allocations and they work carefully to not duplicate funding. 4. CITIZEN COMMENT Ishbel Dickens, Association of Manufactured Homes, inquired on pending Mobile Home zoning regulations she hopes is in process and will have action soon. Pam Raddysh, spoke in support of moving forward with the Mobile Home Zoning which is on the Planning Commission work plan. Robert"Battery Bob" Miller, spoke and distributed information to Councilmembers regarding his idea for ending poverty in Federal Way. Penny Merriman, President of the Marine Hills Garden Club spoke regarding the Blue Star Marker which will be placed at Celebration Park on May 16th. She thanked the Parks Department Staff for their assistance with facilitating the Veterans Memorial Plaque. Carol Grimes, Federal Way Symphony, spoke regarding the Tour of Gardens on July 18th. She encouraged the Council and citizens to attend this fundraiser and see some wonderful gardens in the city. Betty Taylor, spoke regarding the lack of street lighting in the city. She feels it is unsafe, specifically near 288th and 23rd place; and near City Hall. Federal Way City Council Regular Minutes Page 3 of 6 March 3, 2015 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: February 17, 2015 Regular and Special Meeting Minutes b. Monthly Financial Report— December 2014 Final Report c. Vouchers—January 2015 d. Federal Way Community Center— Pool Drain Cover Replacement e. Contract for Housing Repair Price Increase DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; COUNCILMEMBER DUCLOS SECOND.The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Ce/ski yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes 6. COUNCIL BUSINESS a. Proposed Settlement Agreement Regarding Sabrina Martin City Attorney Amy Jo Pearsall briefly noted this is a settlement agreement regarding an incident at the Community Center. DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE PROPOSED SETTLEMENT REGARDING SABRINA MARTIN; 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 7. ORDINANCES First Reading a. CB#669 2015 Budget Amendment/PACC Fund AN ORDINANCE of the City of Federal Way, Washington, relating to budgets and finance, adopting the Amendment to the 2015/2016 Biennial Budget. Finance Director Ade Ariwoola gave a brief presentation to Council regarding the proposed budget amendment. He noted the purpose of this amendment is fund balance adjustments, provide appropriation for approved projects, including creating a new fund to track the operation of the Performing Arts and Conference Center and authorize the Outreach Coordinator's position. Mr. Ariwoola also reported the city has projecting $467,397 above the beginning fund balance approved in the 2015/2016 Biennial Budget, and direction was given by Mayor Ferrell to address funding issues in March after such a review. Federal Way City Council Regular Minutes Page 4 of 6 March 3, 2015 Proposed Changes in the General Fund include: • Restore Human Service Grant Program Funding $86,000 • Addition to Sexual Assault RC Funding $5,000 • Funding for Police Substation $37,400 • Outreach Coordinator's Position $74,746 • Office Addition Mayor/Council/IT/Parks $100,000 • Economic Strategy $25,000 • 25th Year Celebration $25,000 • Perf Arts & Conference Center Operation $10,000 • Street Fund $47,977 • Human Resources Technician $9,500 • Scholarship Inclusion Program $636 • DUI Grant $15,216 • Vest Partnership Grant $17,100 • 2014 JAG Grant $30, 695 • 2013 JAG Grant $25,364 • Sex Offender Grant $26,410 • Auto Task Force Grant $35,318 Total General Fund $571,362 In addition, Finance Director Ariwoola addressed various other changes in funding including Lodging Tax; Traffic Safety—Comprehensive Plan Update; Performing Arts Center—Operations; Strategic Reserve; Performing Arts & Conference Center Donations; IT; and Health Insurance Claim. Councilmembers thanked Mr.Ariwoola for the presentation and asked various questions including the funding sources of the new 320th city entrance sign. Mayor Ferrell noted the $86,000 was allocated from the Lodging Tax Revenue. Councilmembers also inquired about previous requests they made during the budget process to address and possibly increase staffing in the Parks Department and Community Development Department. There are no additional funds available; however it was suggested to bring this before the Finance Committee for future discussion. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DUCLOS MOVED TO FORWARD THE PROPOSED ORDINANCE TO SECOND READING AND ENACTMENT AT THE MARCH 17,2015 COUNCIL MEETING;COUNCIL MEMBER CELSKI 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 8. COUNCIL REPORTS Councilmember Assefa-Dawson noted on Thursday there is a Strategic Plan Community Meeting at St. Mark's Cathedral in Seattle for the Committee to End Homelessness for anyone interested in making comments; the meeting begins at 9am. Councilmember Maloney had no report this evening. Councilmember Honda reported on the event "Co-op with the Cops" put on by the Advancing Leadership Youth at Grace's Church. She thanked the Police Department for partnering with the students — it was a great event. She reported on a big event in its second week the Pac12 at the Federal Way City Council Regular Minutes Page 5 of 6 March 3, 2015 Aquatics Center which brings many spectators and athletes to the city.A couple weeks ago she had the pleasure of meeting 7 young women from Japan who come every February and spend time in Federal Way; they toured City Hall, Police Department and the Court. She wished Federal Way a Happy 25th Birthday. Councilmember Celski reported on his attendance along with the Mayor and Council at the Regional Prosperity Breakfast hosted by King County Councilmember Pete von Reichbauer with guest speaker King County Executive Dow Constantine; he was impressed by the level of knowledge displayed at the meeting in regards to the county and Federal Way's history and future. He is proud of the Federal Way High School Men's basketball team who will be playing at the Tacoma Dome in the State 4A High School Championship —Go Eagles! Councilmember Moore recently attended the Mental Illness/Drug Dependency Oversight Committee with Sound Cities as an alternate. He also attended the Co-Op with the Cops event which was a great event for ALY at Grace Church; he specifically enjoyed the interaction of the Youth and Police Officers. He also attended the Regional Prosperity Breakfast along many Councilmembers; and recognized the many city and community leaders who participated locally in the Schools celebrating Dr. Seuss' Birthday. Councilmember Duclos also attended the Regional Prosperity Breakfast. She reported on the Solid Waste Plan Management Plan that is proposing guidelines for managing solid waste for the next 6 years consideration for the next 20 years. Advisory Committees have been asked to devote time to discuss ways to reach a 70% recycling goal by 2030. On February 25th she had the pleasure of welcoming members of the swim team from 9 different states at the Aquatics Center;she encouraged visitors and resident to get out and enjoy the city. She will also be attending various upcoming meetings through the Chamber of Commerce. Deputy Mayor Burbidge was pleased to report she was on hand to present awards at the Women's Pac12 Swimming competition at the Aquatics Center on Saturday evening. She reported she has heard many of these athletes may be part of the next Olympics. Last week she attended the meeting for the Economic Development Council for King County meeting; the EDC's Business Development Team will be present at the Chamber Luncheon tomorrow. 9. EXECUTIVE SESSION • Collective Bargaining—pursuant to RCW 42.30.110(1)(b}• - ' -- • .-- - - --e--- - - -- - - - ' • •-I• ' - Council did not adjourn to Executive Session. 10. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Regular meeting at 9:16pm Attest: Stephanie D. Courtney, CMC City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 6 of 6 March 3, 2015 CITY OF � Federal Way CITY COUNCIL SPECIAL MEETING MINUTES INAP1‘ Council Chambers - City Hall March 3, 2015 — 5:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the Regular Meeting to order at the hour of 5:38pm 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 Chief of Staff Brian Wilson led the flag salute. 3. WSDOT UPDATE ON 1-5; SR161/SR18 TRIANGLE IMPROVEMENTS PROJECT • Staff Presentation City Traffic Engineer Rick Perez gave a brief history and overview of the Triangle Project on 1-5; SR18; SR 161 Phase I which has been completed for three years. Staff is looking for feedback from the Mayor and Council on the options presented. Mr. Perez introduced Cathy George, Engineering Manager; and Project Engineer Hung Huynh from the Washington State Department of Transportation. Ms. George reviewed the project history prior to Phase 2; the Phase 2 overview; Challenges Facing Phase 2; and next steps. Mr. Huynh displayed graphics depicting options and cost estimates and impacts for the baseline design for Phase 2. This includes Realign 16th Ave S to move intersection away from SR161; Construct new ramp to S 356th Street; Construct bridge for off ramp to SR161; Construct bridge over SR18 loop ramp and modify current ramp off 1-5 to improve capacity. From the baseline designs additional recommendations were given for each of these options to reduce costs and impacts in each of the affected areas. Councilmembers raised questions in relation to this project and the timing of the Sound Transit Link Light Rail project and a possible 1-5 alignment; and if they would impact each other. Mr. Perez noted Sound Transit has done very preliminary analysis between downtown Federal Way to Tacoma—the route is very vague and conceptual at this point. Councilmembers stressed the importance of collaboration. Councilmembers also requested the timeline of this project and the Sound Transit project. Mr. Huynh Federal Way City Council Special Minutes Page 1 of 2 March 3, 2015 noted this project is just currently only funded at 30%design. Ms. George noted the funding package currently ages this project at possibly 2022. Councilmember asked Recommendation questions regarding #7 and the proposed Round-About at 356th and SR161. The concern is with the current apartment homes that are adjacent to this area and if there is mitigation alternatives for the increase in traffic noise and volume to the residents who live in those homes. Mr. Huynh noted that evaluation process will happen further in the design review. In conclusion of his presentation he noted the next steps include finish evaluating VE/PD recommendations for engineering feasibility (April 2015); Stakeholders and Approving Authorities endorse VE/PD recommendations (Summer 2015); Update environmental documentation (early 2016); Complete 30% Design (Early 2016); Limited Access Hearing (Summer 2016); and Approved Right-of-Way (fall Y Plan ( 2016). • Citizen Comment No citizen comment was received. • Council Discussion/Questions Councilmembers thanked the consultants for their presentations and encouraged WSDOT to hold future public hearings or meetings to get feedback from residents in these areas. Councilmembers also asked for traffic impact data on the new Phase Ito see comparison of the old intersection and the new regarding traffic flow and accident reporting. Mr. Perez noted the city has done studies; noting the new off-ramp is carrying more than anticipated and the traffic flow is also slightly different than anticipated, with traffic using the ramp and heading north. 4. EXECUTIVE SESSION At 6:29 pm Mayor Ferrell announced the Council would be recessing into Executive Session to discuss Collective Bargaining pursuant to RCW 42.30.140(4)(b); and to Evaluate Qualifications of Employees pursuant to RCW 42.30.110(1)(g). • Collective Bargaining pursuant to RCW 42.30.140(4)(b) • Evaluate Qualifications of Employees pursuant to RCW 42.30.110(1)(g) 5. ADJOURNMENT Mayor Ferrell adjourned the Special Meeting at 7pm. Attest: Stephanie D. Courtney, CMC City Clerk Approved by Council: Federal Way City Council Special Minutes Page 2 of 2 March 3, 2015 COUNCIL MEETING DATE: March 17,2015 ITEM#: 5\,2 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:2015 ASPHALT OVERLAY PROJECT BID AWARD POLICY QUESTION: Should the Council award the 2015 Asphalt Overlay Project to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 2,2015 CATEGORY: N Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:Jeff Huynh Street ;At— DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated March 2, 2015. Options Considered: 1. Award Schedules A,B,C, D and E of the 2015 Asphalt Overlay Project to Lakeside Industries, Inc.the lowest responsive, responsible bidder, in the amount of$1,462,720.67 and approve a 5%contingency of $73,136, for a total of$1,535,856.67, and authorize the Mayor to execute the contract. 2. Reject all bids for the 2015 Asphalt Overlay Project and direct staff to rebid the project and return to Committee for further action. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the March 17, 2015 City Council Consent Agenda for approval. MAYOR APPROVAL: DIRECTOR APPROVAL:_ Com ttee cil /3©C i.•gate Initial/Date �i'al/Date .,J CHIEF OF STAFF: 414 L ... ,1v/"a f Corn�'tt- Council i i , Mitt, /D Initial/Dal COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the March 17, 2015 City Council consent agenda for approval. • \ erg. /, .. Bob Ce s i, Chair Kelly Mali. ey, Member [ it is Assefa.ii;ws• ,Member PROPOSED COUNCIL MOTION: I move to authorize staff to award Schedules A, B, C, D an. E of the 2015 Asphalt Overlay Project to Lakeside Industries, Inc. the lowest responsive, responsible bidder, in the amount of $1,462,720.67 and approve a 5% contingency of$73,136,for a total of$1,535,856.67, and authorize the Mayor to execute the contract." (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 MEMORANDUM DATE: March 2, 2015 TO: Land Use and Transportation Committee VIA: Jim Farrell,Mayor FROM: Marwan Salloum, P.E., Public Works Directo Jeff Huynh, Street Systems Engineer.' SUBJECT: 2015 Asphalt Overlay Project-Bid Award BACKGROUND: Six bids were received and opened on February 11, 2015 for the 2015 Asphalt Overlay Project; please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Lakeside Industries, Inc., with a total bid of$1,462,720.67. AVAILABLE FUNDING: The available budget for the 2015 Asphalt Overlay Project is $1,889,267 and is comprised of the following: • 2015 Proposed Overlay Budget $1,515,000 • 2015 Structures Budget $ 166,267 • 2014 Carry Forward $ 208,000 TOTAL PROGRAM FUNDING AVAILABLE: $1,889,267 ESTIMATED EXPENDITURES: The following is a breakdown of the estimated total project construction costs based on the low bid: SCHEDULE DESCRIPTION AMOUNT A SW 320th Street—47th Ave SW to 42nd Ave SW $250,245 B SW 320th Street—42nd Ave SW to 36th Ave SW $277,678 C SW 320th Street—36th Ave SW to 30th Ave SW $247,009 D Twin Lakes Highlands $379,104 E 1st Ave South—S 348th Street to S 356th Street $308,684 ESTIMATED SUBTOTAL CONSTRUCTION PROJECT COSTS: $1,462,720 5% Construction Contingency $73,136 Pavement Management System $55,000 In-house Design $60,000 Construction Administration $100,000 City's Administrative Fee $66,368 Printing and Advertising $3,500 ESTIMATED TOTAL PROGRAM COST: $1,820,724 Staff recommends awarding all schedules of the 2015 Asphalt Overlay Project to Lakeside Industries, Inc., the lowest responsive, responsible bidder, in the amount of$1,462,720.67 and approve a 5.0%contingency of $73,136, for a total of$1,535,856.67 and authorize the Mayor to execute the contract. k:\lutc\2015\03-02-15 2015 Asphalt Overlay Project Bid Award.doc N 8 8 8 8 8 8 8 8 8 8 8 8 8 0 O 8 8 8 8 8 8 8 2 8 8 888888888888888888888880/ , , , 0, '48882888888888888888888888882 yy ppp yyi�pp pp p pp i C m a N O O m$pmp S°n n E of N 2 t.I b C o m 8 N 2• 2°°E W N O mO S S O m G 0 0 S,W M m 2 2p 2 0 2 8° n E° 2 m°§0 2 Va 0 0 0 0 2 0"EI i rot V NwE�v1°N' tm�m N V t+i vjN 0mww7.,22a;;;"3 .l %a� w mhN a m m.-,m.-Ih w2."4I-p 0ANwmwv mm Otm+oo OwhO.aw'(ry IwNwMw NN w w ,iwwww w ww 4 ww w wmNwtli.wwwwww O Nw2w w wNwwNw19www aW w�7 II EE m l: C WW ,E88Ee 8888 288s S 2 O O S O 0 0 0 0 P. 0��000 N ON00000,0 tpCON00 m�V OG 00 OO�NON��NOO o 00��O O E°O°00 OaaCONCNI��NO00m G Om 0 ma mwnn w$"'E m wnwwLwE oN°o V� m ow°an$mE N wnwEw°nw1 n �m° w$Imn E O w Ww w "r nw^w gt8h M�Mnw mw°aw w"iw mw ww O�aw �w�ww m nww roa ww ww We9 w wW W a a www 1 m w w w a w w w N w w 88888888888888888888888883 0 8°8°°8°8 8 8 8 8 8 C 8888288888888888888888888888; S S 0 0 0 8 0 0 0 0 0 0 0 opooroam G OiayyGGGGGG romoic QC o0 �+p oo ocad yroy oorovVdV6dd6daodo ooviS oO pGrm om�r000000cy Ooo G, 2<N `w O O D <E 0°0 0 E P v 2 0§E M N 8 i m em O w m"a r m m tm7 N e E 8 5 E 8 m m N v $ ?m<w N w E O O O S O O a n O O N H ya w www .i'�w w�wSSS ww'w www wlt sww w w,i nw w w w w' Wnwww S W» ma w zimmwwww w.i nww w y W w as mts O w_O O 0 0 O O N 2 0 8 0 0 000°°0 0 0 0 h 0 0°0 8888;8228888888888888888 88eoe °N 0 0�0 0 0 0 0°0«0 0 0 O 0 0 tw . pGm,mommw<4°000°20°0`° ,...p VV8m 8wNEE8888VSnmEW cmm0aww EE°°° OAM° c aww" w w .v.:.4vOmwaw " ww Sww w "3mm.11a2m8m00 w 9ww ww gg .-aa. 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COMMITTEE: Land Use and Transportation Committee MEETING DATE:March 2,2015 CATEGORY: ® Consent LI Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other g STAFF REPORT BY:Christine J.Mullen, '.: treet Systems Project Engineer DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated March 2, 2015. Options Considered: 1. Authorize staff to bid the S 304`h St at 28th Ave S Intersection Improvements Project and return to the LUTC and Council for bid award,further reports and authorization. 2. Do not authorize staff to proceed with bidding the project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the M.6h 17, 2015 City Council Consent Agenda for appro,y _ MAYOR APPROVAL: � • a IRECTOR APPROV:4 : AM ,/ 0 . ee ounc %�� o wee CHIEF OF STAFF: ,LAi‘ .00315 407/vit • Committee Council COMMITTEE RECOMMENDATION: I move to forward Option 1 to the March 17, 2015 City Council consent agenda for approval. tiro sti�r j� eta s Bob Ce ski, Chair Kelly lt aloney, Member 4 dia Assefa aw :n,Member PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with bidding the S 3,4th St at 28th Ave S Intersection Improvements Project and return to the LUTC and Council for bid award, further reports and authorization." (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 MEMORANDUM DATE: March 2, 2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor FROM: Marwan Salloum, P.E., Public Works Director Christine Mullen,P.E., Street Systems Project ngi er SUBJECT: S 304`" St at 28th Ave S Intersection Improvements— 100°o esign Status Report and Authorization to Bid BACKGROUND: This project will construct a traffic signal and new northbound right turn lane at the intersection of S 304`x' St and 28`l'Ave S. This requires right-of-way acquisition on three parcels. The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 100%complete, which includes the following completed tasks: • Topographical Surveys • Utility Coordination • Shoreline Substantial Development Permit • SEPA Documentation and Submittals • 100%Contract Specifications • Project Design to 100% Ongoing Tasks Include: • Right-of-Way Acquisition PROJECT ESTIMATED EXPENDITURES: Design $293,000 Right-of-Way Acquisition 80,000 2015 Construction Cost 601,000 10%Construction Contingency 60,100 15% Construction Management 90,150 TOTAL PROJECT COSTS $1,124,250 AVAILABLE FUNDING: Mitigation Fee $17,000 Budgeted City Funds in 2013 $400,000 Budgeted City Funds in 2015 $813,000 TOTAL AVAILABLE BUDGET $1,230,000 cc: Project File Day File COUNCIL MEETING DATE: March 17, 2015 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Safety Improvement Projects—Project Acceptance POLICY QUESTION: Should the Council accept the Safety Improvement Projects constructed by Transportation Systems, Inc. as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 2,2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarady Long, Senior Transportation Planning Engineer —DEPT: Public Works Attachments: Memorandum to the Land Use and Transportation Committee dated March 2,2015. Options Considered: 1. Authorize final acceptance of the Safety Improvement Projects constructed by Transportation Systems, Inc., in the amount of$771,255.27 as complete. 2. Do not authorize final acceptance of the completed Safety Improvement Projects constructed by Transportation Systems, Inc. as complete and provide direction to staff MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the March 17, 2015 City Council Consent Agenda for approval. MAYOR APPROVAL: 9 '# jDIRECTOR APPROVAL: :��•Ir•' / omr ttee �ou it I 17 Initial/Date mtial/Date CHIEF OF STAFF: isftAyi � Corn j * ouncil Ini'sl/.L Initial/r to/ COMMITTEE RECOMMENDATION: I/move to forward Option 1 to the March 17, 2015 Council Consent Agenda for approval. h 4Veir .111/11/• cc,IF 4 1 'Bob Celski, Chair K j' y Maloney, Me if r is Asse"'`V a on, Member PROPOSED COUNCIL MOTION: "I move approval of final acceptance of the Safety Improvement Projects constructed by Transportation Systems, Inc., in the amount of$771,255.27 as complete. " (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# CITY OF FEDERAL WAY MEMORANDUM DATE: March 2,2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM• Marwan Salloum, P.E., Public Works Director Sarady Long, Senior Transportation Planning Engineer.--- SUBJECT: Safety Improvement Projects—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 Safety Improvement Projects contract with Transportation Systems, Inc. is complete. The final construction contract amount is $771,255.27. This is $79,711.73 below the $850,967.00 (including contingency) budget that was approved by the City Council on August 6, 2013. cc: Project File Central File K:\LUTC\20I5\03-02-I5 Safety Improvement Projects -Project Acceptance.doc COUNCIL MEETING DATE: March 17,2015 ITEM#: 6e, CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: MAYER RIGHT OF WAY LEASE AGREEMENT EXTENSION POLICY QUESTION: Should Council Approve the Mayer's Right of Way Lease Agreement for a second term on a portion of 53rd Avenue SW? COMMITTEE: Land Use and Transportation MEETING DATE: March 2,2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Mulkey, P.E., Interim Streets Systems Manager DEPT: Public Works Attachments: 1. Land Use and Transportation Committee memorandum dated March 2,2015. 2. Mayer Tram Lease Agreement. Options Considered: 1. Authorize the Mayor to execute the attached lease agreement extension. 2. Reject the lease agreement extension and have staff instruct Mr. Mayer to remove the existing g Y g improvements from the public right of way. 3. Direct staff to any other option the committee would like staff to evaluate. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the March 17, 2015 City Council Consent Agenda for approval. � f MAYOR APPROVAL: DIRECTOR APPROVAL: ■1.t1.1111"- Comm -e oun 'I /15 iitial/Date Initial/Da I nal/Date CHIEF OF STAFF: /i.G✓v rL [l ,� 1 II ICn.'/ InCitioau COMMITTEE RECOMMENDATION: I move to forward Option 1 to the March 17, 2015 City Council Consent agenda or approval. r416 Aiwa Bo.' els i, Chair Kelly it loney, Member 6. la Assefa- aws.n, Member PROPOSED COUNCIL MOTION: "I move to authorize the Mayor to execute the attach'd lease agreement extension. " (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—1/2015 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: March 2, 2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor Marwan Salloum,P.E., Public Works Director FROM: John Mulkey, P.E., Interim Street Systems Manager P SUBJECT: Mayer Right of Way Lease Agreement Extension BACKGROUND: Mr. Kurt Mayer owns water front property adjacent to 53rd Avenue SW. The only access to the property is through a dirt path on the unopened portion of 53rd Avenue SW and a tram system constructed by Mr. Mayer on a leased portion of the unopened 53rd Avenue SW that was approved by the City Council on March 15, 2005, and extended to March 23, 2015 by the City Council on April 5, 2011. The total right of way leased by Mr. Mayer was 3426 sq. ft. at a cost of annual rent of$1.00 per square foot per year for a total of$17,130.00 for the first five years plus 12.84% leasehold excise tax. The second lease was at the original rate adjusted for inflation of $1.046 per square foot plus a 12.84% leasehold excise tax. Mr. Mayer wishes to extend this lease agreement for an additional 5 years. See attached lease amendment. The new right of way lease cost, adjusted for inflation, for the next five years is calculated at$20,641.22. cc: Project File Central File K:\LUTC\2015\03-02-15 Mayer ROW Lease Agreement Amenment#2.docx CITY OF CITY HALL South 33325 410. Federal Way Feder 8th Avenue 8oO3 Federal Way,WA 98003-6325 (253)835-7000 www cityoffederatway corn AMENDMENT NO. 2 TO LEASE AGREEMENT FOR MAYER TRAM This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal corporation("City"), and Pamela R.Mayer,a married woman as her separate estate,Joseph E.Mayer,a married man as his separate estate, and Natalie A.Mayer-Yeager,a married woman as her separate estate("Lessee").The City and Lessee(together"Parties"),for valuable consideration and by mutual consent of the Parties,agree to amend the original Agreement for the Property located at 31042 53rd Avenue SW,Federal Way,WA 98023("Agreement") dated effective March 23, 2005 as amended by Amendment No. 1, dated effective March 23, 2010 as follows: 1. AMENDED TERM.The term of the Agreement,as referenced by Section 3 of the Agreement and any prior amendments thereto, shall be amended and shall continue for an additional five year term commencing March 23, 2015 ("Amended Term"). 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto,not modified by this Amendment,shall remain in full force and effect.Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement,as modified by any prior amendments,as it existed prior to this Amendment.The provisions of Section 6,Exhibit D,of the Agreement shall apply to and govern this Amendment.The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment,which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 1/2015 CITY OF CITY HALL IA Federal Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253)835-7000 ww*cityoffedera/way.com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: By: Jim Ferrell, Mayor City Clerk, Stephanie Courtney,CMC DATE: APPROVED AS TO FORM: City Attorney, Amy Jo Pearsall LESSEE: By: Natalie A. Mayer-Yeager By: Pamela R. Mayer By: Joseph E. Mayer STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day personally appeared before me,Natalie A.Mayer-Yeager,Pamela R.Mayer,and Joseph E Mayer,to me known to be the individuals described in and who executed the foregoing instrument, and on oath swore that they executed the foregoing instrument as their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , 20_. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires AMENDMENT - 2 - 1/2015 COUNCIL MEETING DATE: March 17,2015 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:2015 NPDES ANNUAL REPORT SUBMITTAL POLICY QUESTION: Should Council approve the 2015 NPDES Annual Report for submittal to the Department of Ecology as required by the Western Washington(NPDES) Phase II Municipal Stormwater Permit? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 2,2015 CATEGORY: Consent Ordinance Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Hollie Shilley, ESA&NPDES Coordinator ei DEPT: Public Works Attachments: 1. Land Use and Transportation memorandum dated March 2, 2015 2. 2015 NPDES Annual Report Options Considered: 1. Approve the 2015 NPDES Annual Report and authorize the Mayor to submit documents to the Department of Ecology by March 31st to satisfy the City's NPDES Permit obligations. 2. Do not approve the 2015 NPDES Annual Report and provide direction to staff. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the March 17,2015 City g P � h' Council consent agenda for approval. MAYOR APPROVAL: drier j y DIRECTOR APPROVAL: ��C�'� onimitt'` / C.,ncil 7s ttia Date n I it• I•t. Im al/ CHIEF OF STAFF: J�,�t �� Y / 1 1/1/c ttee Co'4 T I�,t:I Date Initi.I/1,e COMMITTEE RECOMMENDATION: I move to forward Option 1 to the March 17, 2015 consent agenda for approval. -7101 T' 'r klif l A L t0 A A. Gov 40_A.'.. _ 4 - A g 'Bob Celski, Chair Kell I aloney, Memb-,? is Assefa- wso , ember PROPOSED COUNCIL MOTION: "I move to authorize the Mayor to submit the 2015 Annual Report to the Department of Ecology by March 31"to satisfy the City's NPDES Permit obligations. " (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—1/2015 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: March 2,2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM• Marwan Salloum, P.E., Public Works Director GIs,.' Hollie Shilley, ESA&NPDES Coordinator Aie, SUBJECT: 2015 NPDES Annual Report BACKGROUND: The Western Washington Phase II Municipal Stormwater Permit(NPDES Permit) is a federal permit that regulates stormwater discharges to waters of the State. While it is a federal permit, regulatory authority lies with Washington State Department of Ecology(DOE). The NPDES Permit requires that all affected municipalities create and implement a Stormwater Management Program which addresses six required program elements: 1) Public Education and Outreach, 2) Public Involvement and Participation, 3) Illicit Discharge Detection and Elimination, 4) Construction Site Run-Off, 5) Operations and Maintenance of Post Construction Stormwater Facilities, and 6) Monitoring. In addition, the permit requires submittal of an annual report intended to update the DOE on the status of the permittees compliance with the permit. Annual Reports must be submitted to DOE by March 31st of each year. City staff has prepared Federal Way's 2015 NPDES Annual Report in accordance to the requirements specified under the permit. The annual report consists of a checklist detailing the status of individual permit requirements and attachments that describe and track permit related activities. cc: Project File Day File 2015 NPDES Annual Report City of Federal Way City of Federal Way 2015 Annual Report for the Western Washington Phase II Municipal Stormwater Permit The Western Washington Phase II Municipal Stormwater permit(NPDES permit) requires all Permittees to submit annual reports describing the progress of their permit implementation activities.Annual reports cover the previous calendar year's activities, unless otherwise specified,and must be signed by the responsible official and submitted to Ecology by March 31 each year. The Annual Report consists of 67 questions and requires the preparation of several supporting documents.This year's Annual Report must be submitted online through Ecology's WQWebPortal service. Annual Report Questions Response 1.Attach updated Stormwater Management Program Plan (SWMP) per S5.A.2. See Attachment 2 2. Attach a copy of any annexations, incorporations or boundary changes resulting in an increase or decrease in the Permittee's geographic area of permit coverage Does not apply during the reporting period per S9.D.5. 3. Implemented an ongoing program to gather,track, and maintain information Yes per S5.A.3. including costs or estimated costs of implementing the SWMP. 4. Coordinated among departments within the jurisdiction to eliminate barriers to Yes permit compliance per S5.A.5.b. 4b.Attach a written description of internal coordination mechanisms. See Attachment 3 5. Attach description of public education and outreach efforts conducted per See Attachment 4 S5.C.1.a.i and ii. 6. Created stewardship opportunities to encourage resident participation in Yes activities such as those described in S5.C.1.b. 7. Used results of measuring the understanding and adoption of targeted behaviors among at least one audience in at least one subject area to direct Required education and outreach resources and evaluate changes in adoption of targeted February 2, 2016 behaviors per S5.C.1.b. Required 7b.Attach description of how this requirement was met. February 2, 2016 Page 1 of 7 2015 NPDES Annual Report City of Federal Way 8. Describe in Attachment 1 the opportunities created for the public to participate in the decision making processes involving the development, implementation and See Attachment 1 updates of the Permittee's SWMP per S5.C.2.a. 9. Posted the updated SWMP Plan and latest annual report on your website no Yes later than March 31st each year per S5.C.2.b. 9b. List the website address in Attachment 1. See Attachment 1 10. Maintained a map of the MS4 including the requirements listed in S5.C.3.a.i.- Yes vi. 11. Implemented a compliance strategy, including informal compliance actions as well as enforcement provisions of the regulatory mechanism described in Yes S5.C.3.b. (S5.C.3.b.v.) 12. Updated, if necessary,the regulatory mechanism to effectively prohibit illicit Required discharges into the MS4 per S5.C.3.b.vi. February 2, 2018 Required 12b. If Yes,cite the code reference in Attachment 1. February 2, 2018 13. Implemented procedures for conducting illicit discharge investigations in accordance with S5.C.3.c.i. Yes 13b.Cite methodology in Attachment 1. See Attachment 1 14. Percentage of MS4 coverage area screened in reporting year per S5.C.3.c.i. 7 percent 15. List the hotline telephone number for public reporting of spills and other illicit See Attachment 1 discharges in Attachment 1 per S5.C.3.c.ii. 15b. Number of hotline calls received. 12 16. Implemented an ongoing illicit discharge training program for all municipal Yes field staff per S5.C.3.c.iii. 17. Informed public employees, businesses, and the general public of hazards Yes associated with illicit discharges and improper disposal of waste. 17b. Describe actions per S5.C.3.c.iv in Attachment 1. See Attachment 1 Page 2 of 7 2015 NPDES Annual Report City of Federal Way 18. Implemented an ongoing program to characterize,trace, and eliminate illicit Yes discharges into the MS4 per S5.C.3.d. 19. Number of illicit discharges, including illicit connections,eliminated during the 19 reporting year per S5.C.3.d.iv. 20.Attach a summary of actions taken to characterize,trace and eliminate each illicit discharge found by or reported to the Permittee. For each illicit discharge, See Attachment 5 include a description of actions according to required timeline per S5.C.3.d.iv. 21. Municipal illicit discharge detection staff is trained to conduct illicit discharge Yes detection and elimination activities as described in S5.C.3.e. 22. Implemented an ordinance or other enforceable mechanism to address runoff from new development, redevelopment and construction sites per the Yes requirements of S5.C.4.a. 23. Revised ordinance or other enforceable mechanism to effectively address Required runoff from new development, redevelopment and construction sites per the December 31,2016 requirements of S5.C.4.a.i-iii. 23b. Cite code reference in Attachment 1. Required December 31,2016 24. Number of exceptions granted to the minimum requirements in Appendix 1 0 per S5.C.4.a.i. and Section 6 of NPDES permit Appendix 1. 25. Number of variances granted to the minimum requirements in Appendix 1 per 0 S5.C.4.a.i. and Section 6 of NPDES permit Appendix 1. 26. Reviewed Stormwater Site Plans for all proposed development activities that Yes meet the thresholds adopted pursuant to S5.C.4.a.i. (S5.C.4.b.i.) 26b. Number of site plans reviewed during the reporting period. 113 27. Inspected, prior to clearing and construction, permitted development sites that have a high potential for sediment transport as determined through plan review based on definitions and requirements in NPDES permit Appendix 7 Yes Determining Construction Site Sediment Damage Potential, or alternatively, inspected all construction sites meeting the minimum thresholds adopted pursuant to S5.C.4.a.i. (S5.C.4.b.ii.) 27b. Number of construction sites inspected per S5.C.4.b.ii. 89 Page 3 of 7 2015 NPDES Annual Report City of Federal Way 28. Inspected permitted development sites during construction to verify proper installation and maintenance of required erosion and sediment controls per Yes S5.C.4.b.iii. 28b. Number of construction sites inspected per S5.C.4.b.iii. 98 29. Number of enforcement actions taken during the reporting period, based on construction phase inspections at new development and redevelopment projects 13 per S5.C.4.b.ii, iii and v. 30. Inspected all permitted development sites that meet the thresholds in S5.C.4.a.i upon completion of construction and prior to final approval or Yes occupancy to ensure proper installation of permanent stormwater facilities per S5.C.4.b.iv. 31.Achieved at least 80%of scheduled construction-related inspections per S5.C.4.b.ii-iv. Yes 32.Verified a maintenance plan is completed and responsibility for maintenance Yes is assigned for projects per S5.C.4.b.iv. 33. Implemented provisions to verify adequate long-term operation and maintenance of stormwater treatment and flow control BMPs/facilities that are Yes permitted and constructed pursuant to S5.C.4.a. and b. (S5.C.4.c) 34. Updated provisions to verify long-term operation and maintenance of Required stormwater treatment and flow control BMPs/facilities that are permitted December 31,2016 pursuant to S5.C.4.a and b. 35.Annually inspected stormwater treatment and flow control BMPs/facilities per S5.C.4.c.iii. Yes 35b. If using reduced inspection frequency for the first time during this permit Does not apply cycle,attach documentation per S5.C.4.c.iii. 36. Inspected new residential stormwater treatment and flow control BMPs/facilities and catch basins every 6 months per S5.C.4.c.iv to identify Yes maintenance needs and enforce compliance with maintenance standards. 37. Achieved at least 80%of scheduled inspections to verify adequate long-term Yes O&M per S5.C4.c.v. Page 4 of 7 2015 NPDES Annual Report City of Federal Way 38. Verified that maintenance was performed per the schedule in S5.C.4.c.vi. if an Yes inspection identified an exceedance of the maintenance standard. 38b.Attach documentation of any maintenance delays per S5.C.4.c.vi. Does not apply 39. Provided copies of the Notice of Intent for Construction Activity and Notice of Intent for Industrial Activity to representatives of proposed new development and Yes redevelopment per S5.C.4.e. 40.All staff responsible for implementing the program to control stormwater runoff from new development, redevelopment,and construction sites, including Yes permitting, plan review,construction site inspections,and enforcement are trained to conduct these activities per S5.C.4.f. 41. Reviewed, revised and made effective the low impact development-related Required enforceable documents per S5.C.4.f.i. December 31,2016 41b.Attach a summary of the LID review and revision process that includes the Required requirements listed in S5.C.4.f.ii. March 31,2017 42.Where applicable, participated and cooperated with the watershed-scale Does not apply stormwater planning process led by a Phase I county per S5.C.4.g. 43. Updated and implemented maintenance standards as protective,or more Required protective, of facility function as those specified in Chapter 4 of Volume V of the December 31,2016 Stormwater Management Manual for Western Washington (as amended in 2014). 44.Applied a maintenance standard that is not specified in the Stormwater No Management Manual for Western Washington. 44b. Please note in Attachment 1 what kinds of facilities are covered by this Does not apply alternative maintenance standard per S5.C.5.a. 45. Performed timely maintenance per S5.C.5.a.ii. Yes 46.Annually inspected all municipally owned or operated permanent stormwater Yes treatment and flow control BMPs/facilities per S5.C.5.b. 46b. Number of known municipally owned or operated stormwater treatment 473 and flow control BMPs/facilities per S5.C.5.b. 46c. Number of facilities inspected during the reporting period per S5.C.5.b. 465 Page 5 of 7 2015 NPDES Annual Report City of Federal Way 46d. Number of facilities for which maintenance was performed during the 310 reporting period per S5.C.5.b. 47. If using reduced inspection frequency for the first time during this permit Does not apply cycle, attach documentation per S5.C.5.b. 48.Conducted spot checks and inspections of potentially damaged stormwater Yes facilities after major storms as per S5.C.5.c. 49. Inspected all municipally owned or operated catch basins and inlets as per Required S5.C.5.d,or used an alternative approach. August 1, 2017 49b. Number of known catch basins 12,261 49c. Number of catch basins inspected during the reporting period. 5,857 49d. Number of catch basins cleaned during the reporting period. 3,030 50.Attach documentation of alternative catch basin cleaning approach, if used Does not apply per S5.C.5.d.i or ii. 51. Implemented practices, policies and procedures to reduce stormwater impacts associated with runoff from all lands owned or maintained by the Yes Permittee,and road maintenance activities under the functional control of the Permittee per S5.C.5.f. 52. Implemented an ongoing training program for Permittee employees whose primary construction, operations or maintenance job functions may impact Yes stormwater quality per S5.C.5.g. 53. Implemented a Stormwater Pollution Prevention Plan for all heavy equipment maintenance or storage yards, and material storage facilities owned or operated by the Permittee in areas subject to this Permit that are not required to have Yes coverage under an NPDES permit that covers stormwater discharges associated with the activity per S5.C.5.h. 54. Complied with the Total Maximum Daily Load (TMDL)-specific requirements Does not apply identified in Appendix 2 of the permit per S7.A. 55. For TMDLs listed in Appendix 2 of the permit: Attach a summary of relevant SWMP and Appendix 2 activities to address the applicable TMDL parameter(s) per Does not apply S7.A. Page 6 of 7 2015 NPDES Annual Report City of Federal Way 56.Attach a description of any stormwater monitoring or stormwater-related Does not apply studies as described in S8.A. 57. Participated in cost-sharing for the Regional Stormwater Monitoring Program Yes (RSMP)for status and trends monitoring per S8.B.1. 57b. If choosing to conduct monitoring in accordance with S8.B.2.Attach a data Does not apply report in accordance with the approved QAPP. 58. Participated in cost-sharing for the Regional Stormwater Monitoring Program Yes (RSMP)for effectiveness studies per S8.D.1. 58b. If choosing to conduct discharge monitoring, attach an annual stormwater Does not apply monitoring report in accordance with S8.C.2 and Appendix 9 of the permit. 59.Contributed to the RSMP for source identification and diagnostic monitoring Yes information repository in accordance with S8.D. 60. Notified Ecology in accordance with G3 of any discharge into or from the Permittee's MS4 which could constitute a threat to human health, welfare or the Yes environment per G3. 61. Number of G3 notifications provided to Ecology. 3 62.Took appropriate ro riate action to correct or minimize the threat to human health, Yes welfare,and/or the environment per G3.A. 63. Notified Ecology within 30 days of becoming aware that a discharge from the Permittee's MS4 caused or contributed to a known or likely violation of water Yes quality standards in the receiving water per S4.F.1. 64. If requested, submitted an Adaptive Management Response report in Does not apply accordance with S4.F.3.a. 65.Attach a summary of the status of implementation of any actions taken pursuant to S4.F.3 and the status of any monitoring, assessment,or evaluation Does not apply efforts conducted during the reporting period per S4.F.3.d. 66. Notified Ecology of the failure to comply with the permit terms and conditions Does not apply within 30 days of becoming aware of the non-compliance per G20. 67. Number of non-compliance notifications per G20 provided in reporting year. 0 67b. List Permit conditions described in non-compliance notification(s) in Does not apply Attachment 1. Page 7 of 7 2015 NPDES Annual Report-Attachment 1 City of Federal Way Attachment 1- Comments to Questions in the Annual Report Annual Report Question Comments 8. Describe the opportunities created for the public to The City encourages the public to participate in the decision making participate in the decision processes involving the Stormwater Management Program(SWMP). making processes involving the Opportunities for public participation are available through the following development, implementation venues: and updates of the SWMP. • The Surface Water Management(SWM)newsletter is used to raise awareness of permit requirements and update the public on the development of the SWMP. • The SWM webpage displays the updated SWMP and the Annual Report.Opportunity for public comment is encouraged. • Opportunity for public comment is also available when the Land Use and Transportation Committee and City Council review the SWMP and Annual Report. 9b.List your website address for the updated SWMP Plan and http://www.cityoffederalway.com/index.aspx?NID=186 latest annual report. 13b.Cite methodology for implementing procedures for The City utilizes the written Federal Way Illicit Discharge Detection and conducting illicit discharge Elimination Field Procedures and Response Plan which references the investigations. following two Ecology-approved methodology guidance documents: Illicit Discharge Detection and Elimination:A Guidance Manual for Program Development and Technical Assessments,Center for Watershed Protection, October 2004(CWP Manual);the Illicit Connection and Illicit Discharge Field Screening and Source Tracing Guidance Manual, King County,the Washington Stormwater Center,and Herrera Environmental Consultants, May 2013(IDDE Manual). 15. List the hotline telephone number for public reporting of 1-253-835-2700 or after hours at 1-800-400-0749 spills and other illicit discharges. 17b. Describe actions for SWM uses a variety of methods to inform staff, residents,and businesses informing public employees, about hazards associated with illicit discharges and improper disposal of businesses,and the general waste, including but not limited to: public of hazards associated • The Surface Water Management newsletter with illicit discharges and • The SWM webpage improper disposal of waste. • Staff trainings • Public workshops • Mailings,flyers, brochures,factsheets,signs,electronic notifications • Site Inspections • Business Outreach • Regional campaigns Page 1 of 1 2015 NPDES Annual Report—Attachment 2 City of Federal Way Attachment 2 - Stormwater Management Program (SWMP)Update BACKGROUND In 2007,the Washington State Department of Ecology(Ecology) issued the first Western Washington Phase II Municipal Stormwater permit(NPDES permit)covering the City of Federal Way and 79 other cities in the Puget Sound area.The initial five year permit issued in 2007 expired February of 2012. Before Ecology could issue a new permit with additional new requirements,the Washington State Legislature enacted Senate Bill 6406 to give cities fiscal relief during a period of economic downturn by delaying certain regulatory requirements. This law affected the re-issuance of a new NPDES Permit that was scheduled for 2012. Instead,the bill required the Department of Ecology to:extend the 2007-12 Permit for a period of one additional year and issue the new updated Phase II permit with a delayed effective date of August 2013.The current permit is effective from August 2013 to August 2018 and includes significant new requirements related to Low Impact Development and Monitoring. Since Ecology issued the first permit, Federal Way and the region as a whole, has made a lot of progress towards improving local stormwater programs with the goal of improving water quality in Puget Sound. One of the major requirements under the Municipal NPDES Permit is that all affected cities create and implement a Stormwater Management Program (SWMP)which addresses the required permit elements: 1) Public Education and Outreach,2) Public Involvement and Participation,3) Illicit Discharge Detection and Elimination,4) Construction Site Run-Off, 5)Operations and Maintenance of Stormwater Facilities,and 6) Monitoring and Assessment. INTRODUCTION This document is a requirement of the NPDES permit and is updated annually by the City of Federal Way's Surface Water Management Division (SWM).The SWMP generally describes the requirements of the Permit and Federal Way's permit related activities planned for 2015.The content is organized according to the permit components: • Public Education and Outreach • Public Involvement and Participation • Illicit Discharge Detection and Elimination • Controlling Runoff from New Development, Redevelopment and Construction Sites • Pollution Prevention and Operation and Maintenance for Municipal Operations • Monitoring and Assessment SECTION 1- PUBLIC EDUCATION AND OUTREACH Permit Requirement (S5.C.1.) Permittees shall implement an on-going public education and outreach program designed to reduce or eliminate behaviors and practices that cause or contribute to adverse stormwater impacts and encourage the public to participate in stewardship activities.The program shall educate target audiences about the stormwater problem and provide specific actions they can follow to minimize the problem. Page 1 of 6 2015 NPDES Annual Report—Attachment 2 City of Federal Way 2015 Planned Public Education Activities SWM maintains an active Public Education and Outreach Program which uses a variety of approaches to inform targeted audiences about stormwater pollution prevention. The program is consistently evolving and expanding to reach new audiences and cover additional related topics. A summary of the major public education activities planned for 2015 is provided below: • SWM is implementing and expanding the Storming the Sound with Salmon program in 2015. Earthcorps, a program partner, received a Russell Foundation grant to help expand the program to include classroom presentations and stewardship opportunities.A salmon releasing event in the spring will be planned as the culminating event of this year's program.The grant money will allow for three salmon release events;one for elementary schools, middle schools,and high schools. During the summer SWM and school district staff will work together to update the program's stormwater curriculum to be sure it aligns with the new Washington State science standards. • This year SWM has set up a salmon rearing tank in the Federal Way Community Center.Staff will complete a stormwater educational display to accompany the tank. • In 2015,SWM will produce four Waterlog newsletters which will cover a variety of topics on pollution prevention and general awareness of stormwater related issues.SWM will also produce quarterly Lakeview newsletters specifically relevant to lakeside residents.The newsletters are mailed to several hundred Federal Way residents, sent electronically to several hundred more via subscription, provided on the City's website,and are always available to the public at City Hall. • Several volunteer events are planned for 2015 with the Federal Way Korean Youth Ecology group. Events have been scheduled for February, March,April, and May and will include tree planting, invasive plant removal, and stream clean ups. • A clean up event of Redondo creek is also scheduled with Nautilus Elementary in June. • SWM plans to coordinate with volunteers this year to label storm drains in residential neighborhoods. The curb markers help increase public awareness of the environmental effects of dumping in storm drains and remind the public of the direct connection between storm drains and our surface waters. • SWM will work with volunteers to continue distribution of educational door hangers in residential neighborhoods. One version of the door hanger covers pollution prevention tips related to yard care,car washing,vehicle maintenance, and pet waste.The other door hanger covers pollution prevention specifically relevant to lakeside residents. • SWM will host a number of stormwater-related workshops in 2015.Specific topics this year include: Household Disposal Options, Green Cleaning, Organic Veggie Gardening, Attracting Wildlife to your Yard, Natural Pest Control &Weed Prevention,Worm Bins& Backyard Composting, Rain Barrels&Water Conservation, and Regional Native Plant Sales. • SWM will continue to offer its"fish friendly" charity car wash program.Special kits,designed to divert wash water to the sanitary sewer system, are loaned out by the City at no cost. The number of businesses and groups participating in this program consistently grows each year. Page 2 of 6 2015 NPDES Annual Report—Attachment 2 City of Federal Way • SWM will partner again with ECOSS, a local non-profit,to target businesses for stormwater education in 2015. ECOSS is able to provide businesses owners and employees with stormwater pollution prevention information in 15 different languages.They also provide a free spill kit and training as an incentive. • SWM staff will continue to participate in regional forums that focus on stormwater education and permit requirements. • Surface Water Management will update its website as needed. SECTION 2 - PUBLIC INVOLVEMENT & PARTICIPATION Permit Requirement (S5.C.2.) Permittees are required to provide the public with the opportunity to participate in the decision-making process involving the development and implementation of NPDES permit related activities and programs. The Stormwater Management Program document and Annual Report must be available to the public, including posting on the City's website. 2015 Planned Public Involvement Opportunities The City of Federal Way encourages residents and interested parties to participate in the decision making processes involving the implementation of the City's Stormwater Management Program (SWMP). Opportunities for public participation in the development of the Stormwater Management Program in 2015 will be available through the following venues: • The quarterly Surface Water Management newsletter, The Waterlog, is used to raise awareness of the Permit requirements, update the public on the development of the SWMP and solicit comments. • The City's Surface Water Management webpage provides a general description of the Permit,describes the progress on the development of the SWMP, and displays the updated SWMP and the Annual Reports as they become available. Opportunity for public comment and participation is encouraged via e-mail. • An opportunity for participation in the development of SWMP will be available to the public at the March 2, 2015 Land Use and Transportation Committee meeting. Opportunity to comment will also be available at the March 17 City Council meeting.These committees review many of the programmatic and a policy change proposed under the SWMP and allows public comment on all of their agenda items. SECTION 3 —ILLICIT DISCHARGE DETECTION & ELIMINATION (IDDE) Permit Requirement (S5.C.3.) Permittees shall maintain an ongoing program designed to prevent, detect,characterize,trace and eliminate illicit connections and illicit discharges into the municipal stormwater system. Page 3 of 6 2015 NPDES Annual Report—Attachment 2 City of Federal Way 2015 IDDE Program Planned Activities The City of Federal Way maintains an ongoing Illicit Discharge Detection and Elimination program designed to identify and remove prohibited discharges and illicit connections to the City's stormwater system.A summary of IDDE activities continued in 2015 is provided below: • SWM maintains a comprehensive map of its municipal stormwater system (MS4).The map continues to be updated on an ongoing basis to reflect new connections and changes based on field verification and SWM's video inspection program. • The City will enforce Ordinance 09-619 which prohibits non-stormwater discharges. SWM will implement escalating enforcement procedures and actions pursuant to those outlined in Federal Way Revised City Code. • SWM will address any category of discharges that are identified as significant sources of pollutants to the MS4. • Staff continues to conduct field screening of the MS4 which is required to be 40 percent complete by the end of 2017.SWM is on track to meet the 40 percent requirement. SECTION 4 - CONTROLLING RUNOFF FROM CONSTRUCTION SITES Permit Requirement (S5.C.4.) Permittees must implement an ongoing program for controlling runoff from construction sites.The program must include an ordinance that addresses runoff from new developments, redevelopment and construction sites.The City is required to review all stormwater site plans for proposed development activities and inspect all permitted development sites to verify proper installation and maintenance of required erosion and sediment controls. By December 31, 2016, Permittees must adopt updated stormwater designs standards that are equivalent to the Department of Ecology's 2012 Stormwater Management Manual for Western Washington. By December 31, 2016 the City must revise development codes to make low impact development techniques the mandatory approach to stormwater management. 2015 Planned Activities for Controlling Runoff from Construction Sites The City of Federal Way recognizes that construction site run-off is a major contributor to water quality degradation in the greater Puget Sound region. To address this issue and to better protect our natural waterways,the City's current construction site run-off program exceeds the minimum requirements of the current Permit in many respects. However,the current permit requires the City to make significant changes to development-related codes, rules, and standards in order to incorporate and require LID principles and Best Management Practices. • The City will continue to implement and enforce the program to reduce pollutants in stormwater runoff to our MS4 from new development, redevelopment and construction site activities.The program includes a permitting process with site plan review, inspection and enforcement capability to meet the standards for both private and public projects. Page 4 of 6 2015 NPDES Annual Report—Attachment 2 City of Federal Way • In 2015,the City will continue to implement the most current King County Surface Water Design Manual as currently allowed in the permit. By December 31, 2016 the City will adopt updated stormwater designs standards that are equivalent to the Department of Ecology's 2012 Stormwater Management Manual for Western Washington.The City will likely adopt a new version of the King County Surface Water Design Manual which is currently being updated to include the new Low Impact Development (LID) standards. • City staff will begin reviewing and revising our local development-related codes, rules,standards,or other enforceable documents to incorporate and require LID principles and LID Best Management Practices(BMPs).The intent of the revisions is to make LID the preferred and commonly-used approach to site development. Revisions must be complete by December 31, 2016. Staff will track the staff participants(job title, brief job description,and department represented),the codes, rules,standards, and other enforceable documents reviewed, and the revisions made to those documents which incorporate and require LID principles and LID BMPs. SECTION 5 - POLLUTION PREVENTION, OPERATIONS & MAINTENANCE (O&M) Permit Requirement (S5.C.5.) Maintain an ongoing Operations and Maintenance (O&M) program to reduce stormwater impacts associated with maintenance and operations of City streets,facilities,and properties.Adopt updated maintenance standards that are as protective,or more protective,as those specified in the 2012 Stormwater Management Manual for Western Washington by December 31, 2016. Inspect all catch basins owned by the City once by August 1, 2017. 2015 Planned O&M Activities The City of Federal Way maintains a proactive and effective maintenance program of the City's drainage infrastructure,which includes catch basins, pipes,open channels,as well as residential and regional retention/detention facilities. In 2015, Surface Water maintenance staff will continue to perform the required inspections and maintenance outlined in the permit in an effort to prevent and reduce pollutant runoff from municipal operations. • SWM will inspect all known municipally owned or operated stormwater treatment and flow control facilities in 2015. Maintenance of facilities will be conducted consistent with the adopted standards. • Implement a Stormwater Pollution Prevention Plan for heavy equipment maintenance or storage yards owned or operated by the City.SWM will train City staff whose job functions may impact stormwater quality and maintain records of inspections, maintenance, and training activities. • The maintenance standards found in Appendix A of the 2009 King County Surface Water Design Manual will apply until the City adopts updated maintenance standards equivalent to the 2012 manual (required by December 31, 2016). Page 5 of 6 2015 NPDES Annual Report—Attachment 2 City of Federal Way • Facilities vulnerable to surface water related problems during major storm events will be inspected to ensure the systems are functioning properly, and to determine/conduct any maintenance or repair needs. • SWM has divided the stormwater infrastructure in the City into seven geographic circuits for the purpose of managing the inspection and maintenance of the City's 12,000 catch basins.All catch basins will be inspected by August 1,2017. • SWM will continue the Conditional Assessment Program as a tool to proactively manage the stormwater system to prevent flooding, drainage problems and water quality problems.The camera inspection program supports several NPDES related activities(on-going comprehensive mapping of the system, evaluation of Best Management Practices, improving the ability to trace spills and identify illicit connections to the stormwater system). • Staff will implement practices and procedures that prevent stormwater impacts associated with pipe and culvert cleaning;ditch maintenance, street cleaning, road repair, snow and ice control,and maintaining roadside areas and vegetation. • The Stormwater Pollution Prevention Plan for the City's heavy equipment maintenance and storage yard will be implemented including periodic visual inspections of the facility to evaluate the effectiveness of the BMPs. • Records of inspections and maintenance or repair activities will be kept in accordance with the S9 Reporting Requirements of the Permit. SECTION 6 - MONITORING &ASSESSMENT Permit Requirement (S8) Permittees are required to pay into a collective fund to implement the Regional Stormwater Monitoring Program (RSMP)Source Identification Information Repository.SWM shall choose one of the two options for Status and Trends Monitoring during the 2013-18 permit cycle: pay into regional efforts or perform monitoring in-house.SWM shall also choose one of the two options for Effectiveness Studies: pay into regional studies or perform studies in-house. 2015 Planned Monitoring Activities • SWM will pay into the collective fund to implement the RSMP.A payment of$21,673 is due August 15, 2015. • SWM will pay into the collective fund to implement the RSMP effectiveness studies. A payment of $36,111 is due August 15, 2015. • SWM will pay into the collective fund to implement the RSMP Source Identification Information Repository. A payment of$3,349 is due August 15, 2015. Page 6 of 6 2015 NPDES Annual Report-Attachment 3 City of Federal Way Attachment 3- Description of Coordination among Departments to ensure NPDES Permit Compliance A primary mission of the City of Federal Way Surface Water Management Division (SWM) is to meet all stormwater related regulatory requirements set forth in the Western Washington Phase II Municipal Stormwater Permit(NPDES Permit). In order to meet all of the permit's requirements and deadlines; SWM must coordinate with staff from many different City departments.Stormwater issues are raised in many different City efforts. Interdepartmental coordination and ongoing communication is the key to successful permit compliance.This document has been prepared to generally describe the responsibilities and activities carried out by each affected department and division that contributes to compliance with the NPDES permit. This document fulfills requirement S5.A.5.b of the permit and completes question number 4b. in the 2015 Annual Report Questions. Permit requirement S5.A.5.b reads: The Storm water Management Program (SWMP)shall include coordination mechanisms among departments within each jurisdiction to eliminate barriers to compliance with terms of this permit. Permittees shall include a written description of internal coordination mechanisms in the Annual Report due no later than March 31,2015. The Surface Water Management Division is responsible for enforcing stormwater regulations and coordinating the City-wide implementation and documentation of NPDES permit compliance.SWM is responsible for informing staff of permit requirements, providing training when necessary,and ensuring mechanisms for tracking and coordination are in place. Most City departments have some responsibility under this permit.The following is a list of departments in the City that are most affected by the NPDES permit: • Surface Water Management Division • Police Department • Street Maintenance Division • Public Works Administrative Staff • Development Services Division • IT Department • Solid Waste and Recycling Division • Law Department • Parks Maintenance&Operations • Land Use &Transportation Commission Division • City Council • Code Enforcement • Mayor's Office Page 1 of 4 2015 NPDES Annual Report-Attachment 3 City of Federal Way The content in this document is based upon the NPDES permit requirements and is organized according to the Stormwater Management Program components required in section S5.C: • Public Education and Outreach • Public Involvement and Participation • Illicit Discharge Detection and Elimin ti g n Elimination • Controlling Runoff from New Development, Redevelopment and Construction Sites • Pollution Prevention and Operation and Maintenance for Municipal Operations • Reporting 1. Public Education and Outreach- S5.C.1 Section S5.C.1 of the permit requires the City's Surface Water Management Division to implement an education and outreach program that is designed to reduce behaviors and practices that contribute to or cause stormwater pollution.The program must also include stewardship opportunities for the public.The Surface Water Management is primarily responsible for meeting this requirement. SWM implements a robust public education program which targets City employees, contractors, businesses, property managers, home owners,school aged children,and the general public.Topics of public education include, but are not limited to:general impacts of stormwater on surface waters, impacts of illicit discharges and how to report them, principles of low impact development, maintenance of stormwater facilities, best management practices(BMPs), spill response techniques, natural yard care,outdoor use and storage of chemicals, and vehicle maintenance.Some educational topics overlap with messaging produced by the City's Solid Waste and Recycling Division such as proper disposal of hazardous waste and dumpster and trash compacter maintenance and BMPs. Both SWM and the City's Parks Maintenance &Operations Division provide annual stewardship and volunteer opportunities for the public to participate in,such as tree planting, invasive species removal, and stream clean up events. 2. Public Involvement& Participation- S5.C.2 S WM ensures t h e p ub lic has the opportunity u ni ty to part ici ate in the decision-makin g p rocess involving the development and implementation of the NPDES permit's related activities and programs. This is accomplished by making the Stormwater Management Program document (SWMP) and the most recent Annual Report available to the public on the City's website and providing for public comment when the SWMP and Annual Report are presented to the Land Use and Transportation Commission and City Council. 3. Illicit Discharge Detection& Elimination- S5.C.3 SWM implements an Illicit Discharge Detection & Elimination (IDDE) program designed to prevent,detect, characterize, and eliminate illicit connections and illicit discharges into the city's stormwater system (MS4). Required components of the program include mapping the MS4, development of a regulatory and enforcement mechanism, and an ongoing process to identify and eliminate sources of stormwater pollution. Page 2 of 4 2015 NPDES Annual Report-Attachment 3 City of Federal Way SWM staff provides annual IDDE training for all city staff that conduct field related activities.This includes staff from Surface Water Maintenance Division, Parks Maintenance&Operations Division,Streets Maintenance Division, Solid Waste and Recycling Division, Building Division, Code Enforcement,and the Police Department.The training teaches staff to identify potential sources of stormwater pollution and report problems by calling Public Works Administration staff at 253-835-2700.Staff can also report stormwater related issues using the City's website or by directly contacting SWM's IDDE program coordinator.SWM maintenance staff has primary responsibility for responding to emergencies related to surface water in the City.This responsibility includes providing 24-hour emergency response to flooding of streets or structures, pollutant spills, and illegal discharge of pollutants to the storm and surface water system. The City's ordinance which prohibits non-stormwater discharges,spills, illicit connections, and illegal dumping into the stormwater system is enforced by SWM. In some cases, if there is other non-compliance issues, enforcement may be handled by the City's Code Enforcement program. 4. Controlling Runoff from Construction Sites - S5.C.4 The responsibility for controlling run-off from construction sites is shared by both SWM and the Development Services Division. Any new construction project such as a single-family home, business, apartment building, parking lot,etc., is required to submit drainage plans and reports for review. Development Services is responsible for reviewing all stormwater site plans for development activities and ensuring that projects meet standards in the most current King County Surface Water Design Manual and the Federal Way addendum,as required by the NPDES permit. City capital projects often require inter- department coordination with Surface Water Management to ensure compliance with stormwater codes, regulations and standards. For all construction related projects in the city, regular inspections are conducted to review all erosion control requirements on site. SWM is responsible for inspecting and enforcing single-family erosion control while Development Services inspects and enforces multi-family and commercial construction sites.The Street Systems Division conducts construction inspections for work performed by residents, utilities and contractors within the public rights of way.Staff is trained to conduct these activities and records of inspections,violations, and enforcement activities are tracked through a shared database. 5. Pollution Prevention, Operations & Maintenance - S5.C.5 The Surface Water Maintenance Division is responsible for the maintenance of the City's drainage infrastructure,which includes catch basins, pipes,open channels, as well as residential and regional retention/detention facilities. SWM maintenance staff annually inspects City owned and commercially owned stormwater treatment and flow control facilities and stormwater retention/detention ponds. Maintenance requirements for facilities are consistent with the adopted standards found in the King County Surface Water Design Manual. SWM also implements a comprehensive Conditional Assessment Program as a tool to proactively manage the stormwater system to identify maintenance needs and water quality problems.The camera inspection Page 3 of 4 2015 NPDES Annual Report-Attachment 3 City of Federal Way program supports several NPDES related activities (on-going comprehensive mapping of the system, evaluation of Best Management Practices, improving the ability to trace spills and identify illicit connections to the stormwater system). Facilities vulnerable to surface water related problems during major storm events are inspected to ensure the systems are functioning properly, and to determine/conduct any maintenance or repair needs. Records of inspections and maintenance or repair activities will be kept in accordance with the permit. SWM trains staff from the Street Maintenance Division to implement practices and procedures that prevent stormwater impacts associated with work they do such as pipe and culvert cleaning, ditch maintenance, street cleaning, road repair,snow and ice control, and maintaining roadside areas and vegetation.The Parks Maintenance&Operations Division is trained to implement proper stormwater BMPs when performing park maintenance.The Parks Department is also responsible for maintenance of stormwater facilities at developed City parks and several City-owned buildings such as City Hall,Steel Lake Annex, Dumas Bay Centre and Knutzen Family Theatre. 6. Reporting—S.9. The Annual Report is prepared by SWM staff and due on March 31 of each year. The report consists of questions related to compliance with the requirements and deadlines in the permit.SWM coordinates with the other affected department staff to collect data that is tracked for compliance. SWM also annually updates the Stormwater Management Program document(SWMP) as required in S.9. Review of the Annual Report and SWMP is the responsibility of many City staff, including the Public Works Director, Deputy Public Works Director,the Law Department,the Land Use and Transportation Commission, and City Council.The Mayor is the final person to approve,sign,and submit the NPDES Annual Report to the Washington State Department of Ecology. Page 4 of 4 2015 NPDES Annual Report-Attachment 4 City of Federal Way Attachment 4- Description of 2014 Public Education and Outreach Activities Creation of new Education Materials Date Activity Description 1/02/2014 Bottle Cap Recycling Flyer For City Hall Bottle Cap Collection Project 2/03/2014 1st Quarter Waterlog SWM's quarterly newsletter for general public 3/09/2014 Carpet Cleaning Factsheet For mobile carpet cleaning businesses 3/22/2014 Restaurant Grease Factsheet For restaurant public education 4/02/2014 Dumpster Factsheet For business public Education 4/15/2014 Fall Leaves Flyer For residents&businesses 4/21/2014 Pressure Washing BMPs For residents&businesses Driveway Construction& 6/05/2014 Resurfacing BMPs For residents&businesses 6/05/2014 Stormwater BMP Door Hanger For residential homes 6/27/2014 Signage for Steel Lake Park Don't Feed the Ducks&Swimmers Itch signage 6/30/2014 Algae Door Hangers For lakeside residents 7/11/2014 2nd Quarter Waterlog SWM's quarterly newsletter for general public 7/23/2014 Commercial Inspection Flyer For Surface Water Management Inspectors 8/01/2014 CB Insert Factsheet For Surface Water Management Inspectors 9/03/2014 3rd Quarter Waterlog SWM's quarterly newsletter for general public 12/28/14 4th Quarter Waterlog SWM's quarterly newsletter for general public Distribution of Public Education Materials 1/03/2014 Fall Leaves BMP Flyer Mailed to 39 Landscape Companies Licensed in Federal Way 2/03/2014 1st Quarter Lakeview Mailed to 172 Residents and Sent Electronically to 324 People 2/03/2014 1st Quarter Waterlog Mailed to 236 Residents and Sent Electronically to 543 People Page 1 of 5 2015 NPDES Annual Report-Attachment 4 City of Federal Way 2/21/2014 Rain Garden Information Provided to Todd Beamer Green Team 4/04/2014 Pet Waste Materials Provided to Friends of French Lake Park Variety of Household Pub.Ed. 5/09/2014 Materials Provided to Twin Lakes HOA 5/13/2014 Hooked on Fishing Flyer Handed out at Salmon Release Event to 400 students 5/13/2014 Salmon Art Contest Flyer Handed out at Salmon Release Event to 400 students 7/11/2014 2nd Quarter Waterlog Mailed to 236 Residents and Sent Electronically to 543 People 7/20/2014 Algae Door Hangers Provided to Twin Lakes HOA,Steel Lake LMD,North Lake LMD Variety of Business Pub.Ed. 7/21/2014 Materials&Curb Markers Provided to Spectrum Business Park 7/22/2014 Stormwater BMP Door Hangers Coordinated as an Eagle Scout Project.Over 500 delivered to Twin Lakes residents 7/23/2014 2nd Quarter Lakeview Mailed to 172 Residents&Sent Electronically to 324 People 8/14/2014 Curb Markers Provided to Forest Cove Condos 8/29/2014 Keep Leaves out of Storm drains Article in Recycling Divisions newsletter.24,000 copies mailed out. 9/03/2014 3rd Quarter Waterlog Mailed to 236 Residents and Sent Electronically to 543 People 10/03/2014 3rd Quarter Lakeview Mailed to 172 Residents and Sent Electronically to 324 People 10/31/2014 Dumpster BMPs Blurb in SWR Business Recycling Newsletter 12/28/2014 4th Quarter Waterlog Mailed to 236 Residents and Sent Electronically to 543 People 12/28/2014 4th Quarter Lakeview Mailed to 172 Residents and Sent Electronically to 324 People Steel and North Lake Management Districts 1/02/2014 SLAC Recruitment Staff solicited members for the Steel Lake Advisory Committee by sending out announcements and letters 1/02/2014 Right of Entry Staff facilitated the renewal of Right of Entry Agreements for 2014- 2018 for both Steel and North Lake 1/15/2014 NLAC 1st Quarter Meeting Discussed Budget and 2014 Work Plan to manage and protect North Lake 2/03/2014 1st Quarter Lakeview For Steel Lake and North Lake Residents Page 2 of 5 2015 NPDES Annual Report-Attachment 4 City of Federal Way 3/12/2014 NLAC 2nd Quarter Meeting Discussed 2014 Budget and new committee member applications 3/18/2014 SLAC 1st Quarter Meeting Discussed committee procedures,LID development proposal,Right of Entry 4/15/2014 NLAC Special Meeting Hosted Annual Public Meeting 4/28/2014 SLAC 2nd Quarter Meeting Discussed geese management program and monitoring 7/23/2014 2nd Quarter Lakeview For Steel Lake and North Lake Residents 7/29/2014 SLAC 3rd Quarter Meeting Discussed geese management program,vegetation survey and treatment results 7/29/2014 NLAC 3rd Quarter Meeting Discussed aquatic vegetation survey and treatment results,treatment of nuisance native vegetation 10/03/2014 3rd Quarter Lakeview Mailed to 172 Residents and Sent Electronically to 324 People 8/01//2014 NLAC Special Meeting To Discuss Treatment of Native Vegetation 10/15/2014 NLAC 4th Quarter Meeting Discussed long term plan for native vegetation management 10/23/2014 SLAC 4th Quarter Meeting Shared feedback from annual picnic Projects in 2014 Seasonally Fish Friendly Car Wash Kit Program Loaned out car wash kits for 44 charity car wash events in 2014 1/02/2014 Launch of Bottle Cap Recycling Collection container set up in City Hall Lobby 1/02/2014 Salmon in FW Community Center Set up Salmon rearing tank and art display 1/08/2014 The Clean Bin Project Documentary that inspires environmental action 2/12/2014 Tree Pruning&Bees Care and pruning of fruit trees,raising bees for honey 2/25/2014 Video Project:Storming the Sound Collecting video of Storming the Sound with Salmon(SSS)program. with Salmon Video of student Interviews and salmon release 3/03/2014 Stream Team Kits Checked out monthly school group from Kilo Middle School 3/12/2014 Backyard Chickens Raising urban chickens in Federal Way 4/09/2014 Sustainable Landscaping Building Healthy Soil and Natural Yard Care 5/06/2014 ECOSS Business Outreach 50 businesses provided spill kits and training in 2014 5/14/2014 Wildlife-Friendly Gardening Gardening for Beauty and Sustainability Page 3 of 5 2015 NPDES Annual Report-Attachment 4 City of Federal Way 6/09/2014 Worm Bins Set up and maintenance of a worm composting bin 6/11/2014 Composting Turn lawn clippings and fall leaves into compost using a backyard compost bin 7/22/2014 Eagle Scout Project Curb Marking Project-Placement of over 400 Markers at every Federal Way public school 7/25/2014 Salmon Art Contest Held salmon art contest for students participating in SSS program 9/10/2014 Rain Barrels&Water Conservation Water conservation,how to prevent polluted runoff,and benefits of rain barrels 9/16/2014- Don't Drip&Drive Campaign Tested 600 vehicles for leaks at Weyerhaeuser Headquarters 9/18/2014 9/25/2014 Continue to implement Storming 26 school are raising salmon and implementing an annual 6 month the Sound with Salmon Program stormwater curriculum 10/08/2014 Rain Gardens Benefits of rain gardens and basic construction principles Meetings 1/21/2014 Trout Unlimited Meeting Staff gave presentation:Storming the Sound with Salmon project 1/24/2014 Meeting with Eco's De-Brief of 2013 Program,Planning 2014 Outreach 2/13/2014 STORM 1st Quarter Meeting Edmonds City Hall 2/13/2014 Don't Drip&Drive Meeting Conference Call 3/19/2014 Roadmap Meeting Federal Way City Hall 3/22/2014 Volunteer Event Weeding around Previously Planted Cedar Trees at Kim Property 5/12/2014 Don't Drip&Drive Meeting Conference Call 5/28/2014 Don't Drip&Drive Meeting Conference Call 6/19/2014 NPDES Coordinator's Meeting City Of Shoreline 8/04/2014 Stormcon Portland,OR 9/11/2014 STORM 2nd Quarter Meeting Tacoma Mall Plaza 9/30/2014 Stormwater Curricula Meeting Regional mtg.to collaborate on k-12 stormwater education 10/16/2014 NPDES Coordinators Meeting Bellevue 10/30/14 Stormwater Curricula Meeting Regional mtg.to collaborate on k-12 stormwater education Page 4 of 5 2015 NPDES Annual Report-Attachment 4 City of Federal Way 11/04/2014 STORM Regional Symposium 11/20/2014 LID Integration Training Ecology 11/21/2014 APWA Stormwater Managers Mtg. Hosted by City of Federal Way Community Events 4/26/2014 Volunteer Event Lakota Creek Cleanup with Federal Way Youth Ecology Group 5/13/2014 Salmon Release Event SWM hosts field trip for 400/day Students to West Hylebos Wetlands Park 5/14/2014 Salmon Release Event SWM hosts field trip for 400/day Students to West Hylebos Wetlands Park 5/17/2014 Day of Organics&Gardening Event Booth with Natural Yard Care Materials 5/31/2014 Federal Way Greenfest Bottle Caps Display and Art Project 6/05/2014 Volunteer Event Redondo Creek Cleanup with 50 students from Nautilus Elementary 6/23/2014 Don't Drip&Drive Event- Regional training event McKinstry 9/13/2014 Volunteer Event Over 50 volunteers distributed door hangers and picked up trash in the Wildwood neighborhood 9/16/2014 Don't Drip and Drive Event Weyer Worked with volunteers from Weyerhaeuser to test 300 vehicles for leaks,found 6 leaking vehicles 9/17/2014 Don't Drip and Drive Event Weyer Worked with volunteers from Weyerhaeuser to test 300 vehicles for leaks,found 3 leaking vehicles 9/18/2014 Don't Drip and Drive Event-City Staff tested over 100 employee and visitor vehicles for leaks at City Hall Hall 9/20/2014 Steel Lake LMD BBQ and Potluck Approximately 40 residents attended the BBQ at Steel Lake Park Page 5 of 5 c 0 > 43 .t a :- o N o o m g .n 2 E E E v N 3 x E x N LL d «O « r ° VI d W o Y C o c d C v 4 '12 ic 2 V 030�_ -07. -, W V O .O p c m .0 U °c ° :it c '^ c 3 > Y E t V, E z '°_ ° c w ° o — PO 77. 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CO Le LI a W 'g L a o� $ E E E E3 0n w > r a v d v E 0 60 ' z3 3 LL eaz 3a as 8Q N I COUNCIL MEETING DATE: March 17,2015 ITEM#: 50) CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: WASTE MANAGEMENT/CEDAR GROVE COMPOSTING: PROCESSING SURCHARGE POLICY QUESTION: Should the Council authorize the Mayor to execute a negotiated contract amendment with Waste Management of Washington(Waste Management)to add a surcharge to offset processing costs incurred by Cedar Grove Composting? COMMITTEE: LAND USE AND TRANSPORTATION COMMITTEE MEETING DATE: March 2,2015 CATEGORY: Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Rob Van Orsow, SW&R Coordinat er---- DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated March 2, 2015; Memorandum to Finance, Economic Development and Regional Affairs Committee dated January 27, 2015; and Revised contract amendment. Options Considered: 1. Authorize the Mayor to execute a contract amendment with Waste Management to reflect the addition of a$0.35 per month surcharge on standard yard waste collection rates (yielding approximately $47,000.00 in annual rate revenue) to offset processing costs incurred by Cedar Grove Composting. 2. Do not approve addition of the surcharge, and instead provide directions to staff. MAYOR'S RECOMMENDATION: The Mayor recommends executing a contract amendment with Waste Management to reflect the addition of a$0.35 per month surcharge on standard yard waste collection rates(yielding approximately $47,000.00 in annual rate revenue)to offset processing costs incurred by Cedar Grove posting. MAYOR APPROVAL: ) .f IR TOR APPROVAL ►�i�■ Kb ttee ! ci / CHIEF OF STAFF: >> 4 '•ir Co e Council COMMITTEE RECOMMENDATION: Forward Option 1 to the March 17, 2015 City Council Consent Agenda for a,srr4l. ^ . 14011.2P t �I ';�—� Bob Celski,Chair Kel' Malone ,Me 4-r / dia Asse"p a ' on,Member PROPOSED COUNCIL MOTION: "I move that the Mayor execute a contract amendment wit Waste Management to reflect the addition of a $0.35 per month surcharge on standard yard waste collection rates (yielding approximately $47,000.00 in annual rate revenue) to offset processing costs incurred by Cedar Grove Composting." (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 MEMORANDUM DATE: March 2, 2015 TO: Land Use and Transpo tion ommittee VIA: Jim Ferrell,Mayor FROM' Marwan Salloum, . ., ublic Works Director Rob Van Orsow, Solid Waste&Recycling Coor inator v—z-L24- •-✓ SUBJECT: Waste Management/Cedar Grove Composting:Processing Surcharge BACKGROUND: This item was originally approved by City Council on February 3, 2015.Details about this item are outlined in the accompanying memorandum to the Finance,Economic Development, and Regional Affairs Committee dated January 27, 2015. The item established a surcharge to offset yard waste composting costs.This monthly amount was calculated at$0.35 per container, and was intended to go into effect with the March 1, 2015 annual solid waste rate adjustment. Waste Management has requested some changes to the amendment that will provide clarification as to how the surcharge is distributed into the rate structure, and also to provide relief from required reporting of disbursement of the surcharge. These changes and clarifications are substantive enough that Council is being asked to approve this contract amendment for a second and final time. The key changes include: • Waste Management requested that a rate table be added to clarify how the surcharge is distributed into rates, based on service type and collection frequency. This table more closely follows the format of our existing rate schedule.The amendment text also now clarifies the description of the surcharge. • Waste Management requested relief from required reporting of disbursement of the surcharge.This section is now worded so it is only upon the City's request that documentation is provided to show the surcharge has been collected and disbursed. • Since the annual rate adjustment date has passed,the amendment will specify the surcharge comes into effect one month later(April 1,2015). cc: Project File Central File K:\LUTC\2015\03-02-15 Waste Management-Cedar Grove Surcharge Amendment.docx AMENDMENT NO.4 TO COMPREHENSIVE GARBAGE,RECYCLABLES,AND COMPOSTABLES COLLECTION AGREEMENT FOR ADDING A COMPOSTABLES PROCESSING SURCHARGE TO SERVICE RATES This Amendment ("Amendment No. 4") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Waste Management of Washington, Inc., a Washington corporation ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Comprehensive Garbage, Recyclables, and Compostables Collection ("Agreement") dated effective March 1, 2010, as amended and restated on September 7, 2011 ("Amendment No. 1") and thereafter amended by Amendment No. 2, dated January 12, 2011, and the Covenant of Subcontractor to Comply with Franchise Agreement ("Amendment No. 3"), dated October 3,2014, as follows: WHEREAS, Section 6.17 of the Agreement (Right to Renegotiate/Amendment) states in part that this Agreement may be amended, altered or modified only by a written amendment, alteration or modification, executed by authorized representatives of the City and the Contractor; and WHEREAS, the Contractor's composting subcontractor ("Cedar Grove Composting") has made certain necessary additional capital and operating cost investments; and WHEREAS, the City's Agreement with its collection Contractor does not allow third party benefits nor does it allow rate modifications for commodity or Compostables value changes; and WHEREAS, the City has determined that Cedar Grove Composting's additional investments are reasonable and should be reimbursed through Customer rates;and WHEREAS, the Parties have negotiated a rate adjustment to reflect a "Contamination Sorting Fee" that Contractor, beginning on April 1, 2015, will pay to Cedar Grove Composting for the increased costs incurred by Cedar Grove Composting for processing and removing contaminants from collected Compostables; and WHEREAS, this rate adjustment is specific to Compostables only, shall be continued through the remaining term of the Agreement and any extensions, and does not anticipate or validate any potential future rate adjustments; NOW, THEREFORE, in consideration of the mutual covenants, agreements and promises herein contained,the City and Contractor do hereby agree as follows: 1. ONE-TIME RATE ADJUSTMENT/SURCHARGE. The Parties agree that, commencing on April 1, 2015, a monthly Surcharge (the "Surcharge") shall be assessed on Residential, Multi-Family, and Commercial Compostables collection services by increasing the Disposal Fee component of the monthly rate listed below by No Dollars and Thirty-Five cents ($0.35) per container (or per container pickup if collection is more frequent than once per week). Page 1 of 3 This rate adjustment shall take effect on April 1, 2015, at which time the Disposal Fee portion of the following Compostables collection rates shall be adjusted as follows: Monthly 2015 Disposal Disposal Fee Monthly Fee w/o with Surcharge Surcharge Surcharge Yard/Food Waste Service 1-96 Gallon Cart(Basic Subscription Service) $0.35 $1.23 $1.58 Weekly Residential 1-64 Gallon Cart $0.35 $0.82 $1.17 Curbside 1-35 Gallon Cart $0.35 $0.45 $0.80 Service Extra 96 Gal.YD Cans/Bags(EA) $0.08 $0.23 $0.31 Extra 96 Gal.YD Cart:disposal+collection $0.35 $1.23 $1.58 Multi- Multi-Family&Commercial Organics Family& 1-96 Gallon.Cart,weekly $0.35 $1.23 $1.58 Commercial $0.70 $2.46 $3.16 1-96 Gallon Cart,twice weekly 2. DISPENSATION OF SURCHARGE AND REPORT OF PAYMENT. The Parties agree that the Surcharge amounts collected under the terms of this Amendment are intended to fully compensate Cedar Grove Composting for the Contamination Sorting Fee attributable to the Compostables collected under the terms of the Agreement. The Parties acknowledge, however, that the Surcharge reflects the Parties' reasonable best efforts to allocate a tonnage-based Contamination Sorting Fee on a container-by-container basis. Beginning April 1, 2016, only upon the City's request, the Contractor shall submit to the City, a record of monthly payments made to Cedar Grove Composting for the Contamination Sorting Fee attributable to Compostables collected within the City for the preceding 12-month period. 3. TERMINATION. The Parties agree that if Cedar Grove Composting is no longer the primary processor of Compostable materials collected under the terms of this Agreement, this Amendment shall be null and void, and the monthly Disposal Fees specified in Section 1 above shall be reduced by the amount of the Surcharge; provided, however, that the Contractor shall retain all rights under Section 3.3.3. 4. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment.The provisions of Section 6.17 of the Agreement shall apply to and govern this Amendment. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment,which is binding on the Parties of this Amendment. * * * [Signature Page Follows] Page 2 of 3 IN WITNESS,the Parties execute this Amendment below, effective the last date written below. CITY OF FEDERAL WAY WASTE MANAGEMENT OF WASHINGTON, INC. By: By: ( C .�r� Jim Ferrell, Mayor (Joe Krukowski, Vice President Date: Date: a,ID Li I j ATTEST City Clerk, Stephanie Courtney, CMC APPROVED AS TO FORM: City Attorney,Amy Jo Pearsall • STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me JOE KRUKOWSKI, to me known to be the Vice President of Waste Management of Washington, Inc. 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. 4. GIVEN my hand and official seal thisch day of Februa , 20 '. Notary's signature AAt,i \\VM %1111 Notary's printed ��. p I1, Notary Public in and for the State of Wa •gton. ' :4‘ S My commission expires S d201.( M• • � ok j �r 9 ,,.•� + _ Page 3 of 3 tJI OF WP`' CITY OF FEDERAL WAY MEMORANDUM DATE: January 27, 2015 TO: Finance,Economic Development,and Regional Affairs Committee VIA: Jim Ferrell,Mayor r(!iFROM: Marwan Salloum, P.E., Public Works Directo Rob Van Orsow, Solid Waste &Recycling Coordinator SUBJECT: Waste Management/Cedar Grove Composting:Processing Surcharge The City contracts with Waste Management of Washington(Waste Management) for collection and processing of Yard Debris. In turn, Waste Management contracts with Cedar Grove Composting(Cedar Grove) to turn the collected yard waste into compost products. Cedar Grove reports they have experienced higher operating costs due to recently enacted State regulations. These regulations require removal of contaminants from finished compost (see Cedar Grove's letter dated February 18th 2014). Cedar Grove purchased and operates screening equipment to facilitate this need, and has therefore incurred additional costs. To attempt to cover these costs, Waste Management requested a targeted rate increase. The attached correspondence from Waste Management dated March 6th and March 17th 2014 outlines the rate adjustment they calculated in order to generate the revenue to offset Cedar Grove's increased costs. The City initially rejected Waste Management's request as outlined in the attached letter dated April 2nd 2014. The contract with Waste Management specifies that Waste Management assumes all risk and responsibility for processing yard waste collected in the City. Cedar Grove is not a party to the agreement between the City and Waste Management, and the City does not contract directly with Cedar Grove. In the interim, the City has engaged with other entities to seek a regional solution to this issue. Recently, Cedar Grove requested reconsideration of this issue, and made an appeal of the staff decision to the Mayor. In recognition of Cedar Grove's position as a vital link in the recycling chain and the merits of their request, it was detettnined that a contract amendment with Waste Management would be necessary in order for this surcharge to be approved. The attached contract amendment defines the surcharge amount, its remittance, and related reporting. It does this without waving rights or requirements otherwise specified in the original contract. The surcharge amount requested by Cedar Grove is approximately$47,000 annually. Breaking this down to the yard waste subscription level, this equates to adding $0.35 per month to yard waste collection rates. This rate change was calculated to generate Cedar Grove's targeted revenue amount but may vary slightly since the number of subscriptions are subject to change. If you have any questions about this matter, please do not hesitate to contact Rob Van Orsow at 253.835.2770. Attachments: Amendment No.4 to AG 10-003 (proposed) Letter to Waste Management dated April 2, 2014 Letters from Waste Management dated March 6 and March 17,2014 Letter from Cedar Grove dated February 18, 2014 K:\FEDRAC\20I 5\Cedar Grove Surcharge docx CITY OF CITY HALL 33325 8th Avenue South ,;" Federal Way Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalway cam AMENDMENT NO. 4 ( Co +Twt<cc Put-o.LA ��Q‘LAC TO COMPREHENSIVE GARBAGE, RECYCLABLES, AND COMPOSTABLES COLLECTION AGREEMENT FOR ADDING A COMPOSTABLES PROCESSING SURCHARGE TO SERVICE RATES This Amendment ("Amendment No. 4") is made between the City of Federal Way, a Washington municipal corporation("City"), and Waste Management of Washington, a Washington corporation("Contractor"). The City and Contractor(together"Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Comprehensive Garbage, Recyclables, and Compostables Collection ("Agreement") dated effective March 1, 2010, as amended by Amendments Nos. 1, 2, and 3, as follows: WHEREAS, Section 6.17 of the Agreement(Right to Renegotiate/Amendment) states in part that this Agreement may be amended, altered or modified only by a written amendment, alteration or modification, executed by authorized representatives of the City and the Contractor; and WHEREAS, the Contractor's composting subcontractor("Cedar Grove Composting")has made certain necessary additional capital and operating cost investments to comply with State regulations and market requirements; and WHEREAS, the City's Agreement with its collection Contractor does not allow third party benefits nor does it allow rate modifications for commodity or Compostables value changes; and WHEREAS, the City has determined that Cedar Grove Composting's additional investments are reasonable and should be reimbursed through Customer rates; and WHEREAS, the Parties have negotiated a one-time rate adjustment to provide the specified compensation to Cedar Grove Composting for processing and removing contaminants from collected Compostables; and WHEREAS,this rate adjustment is specific to Compostables only,shall be continued through the remaining term of the Agreement and any extensions, and does not anticipate or validate any potential future rate adjustments; NOW, THEREFORE, in consideration of the mutual covenants, agreements and promises herein contained, the City and Contractor do hereby agree as follows: 1. ONE-TIME RATE ADJUSTMENT / SURCHARGE. The Parties agree that during the term of the Agreement a surcharge shall be assessed on compostables collection services. This revenue shall be generated by adding a permanent monthly surcharge of No Dollars and Thirty-Five cents($0.35)to the Disposal Fee component of the three cart-based service sizes for Residential,Multi-Family,and Commercial Compostables collection.This rate adjustment shall take effect in conjunction with the annual rate adjustment process that occurs March 1,2015,at which time the Disposal Fee portion of Compostables collection rates,as referenced in Attachment B to the original Agreement, shall be adjusted to the following amounts: 35 Gallon Cart: $0.80 Disposal Fee per month 64 Gallon Cart: $1.17 Disposal Fee per month 96 Gallon Cart: $1.58 Disposal Fee per month AMENDMENT 1/2010 CITY'OF CITY HALL 33325 8th Avenue South �� Federal Way,WA 38003$325 � �� Federal 253 835-7040 www atyoffederatway corn C0 c.o t t Mt4 Cr F1144D'-. C-4,12 r uci 2. DISPENSATION OF SURCHARGE AND REPORT OF PAYMENT. The Parties agree that all surcharge amounts collected under the terms of this Amendment shall be remitted to Cedar Grove Composting as accrued on a monthly basis,as full compensation for certain costs related to processing and removing contaminants from Compostables collected under the terms of the Agreement. On an annual basis, beginning March 1, 2016, Contractor shall submit to the City a record of monthly payments made to Cedar Grove Composting under the terms of this Amendment for the preceding 12 month period. 3. TERMINATION.The Parties agree that if Cedar Grove Composting is no longer the primary processor of Compostable materials collected under the terms of this Agreement,this Amendment shall be null and void,and the monthly Disposal Fees specified in Section 1 above shall be reduced by No Dollars and Thirty-Five cents($0.35). 4. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto,not modified by this Amendment,shall remain in full force and effect.Any and all acts done by either Party consisten t with the authority o f the Agreement, together with an y p rior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been performed under the Agreement, as modified by any prior amendments,as it existed prior to this Amendment.The provisions of Section 6.17 of the Agreement shall apply to and govern this Amendment. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment,which is binding on the parties of this contract. Si page follows [Signature P g follows] AMENDMENT 1/2010 CITY OF CITY HALL 33325 8th Avenue South 40,14 .,,. Federal Way Federal Way,WA 96003-6325 (253) 835-7000 www atyofifederalway corn l IN WITNESS,the Parties execute this Agreement below, effective the last date wntte�n�efow. *Fw- O�"4C"J CITY OF FEDERAL WAY ATTEST: By: Jim Ferrell, Mayor City Clerk, Stephanie Courtney, CMC DATE: APPROVED AS TO FORM: City Attorney, Amy Jo Pearsall WASTE MANAGEMENT By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day personally appeared before me , to me known to be the of Waste Management 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 , 20_. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires AMENDMENT 1/2010 COUNCIL MEETING DATE: March 17,2015 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION(WTSC)TARGET ZERO TEAM(TZT)LAW ENFORCEMENT LIAISON(LEL)MEMORANDUM OF UNDERSTANDING. POLICY QUESTION: Should the City of Federal Way accept the terms of the WTSC TZT LEL MOU appointing Lieutenant Kurt Schwan as the regional Law Enforcement Liaison and accept up to $1,500.00 in WTSC grant funds to be utilized by the LEL? COMMITTEE:PARKS,RECREATION,HUMAN SERVICES&PUBLIC MEETING DATE: 03/10/2015 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 RECOMMENDATION: MAYOR APPROVAL: IRECTOR APPROVAL: 0.37/S- •ommi eel?' S o it /4 5 Initial CHIEF OF STAFF: 44.01 if 4 Committ a Council COMMITTEE RECOMMENDATION: "I move to forward the WSTC Target Zero Team TZT) Law Enforcement Liaison (LEL) MOU to the March 17, 2015 Ci ouncil nsent Agenda. " fAr—' Mg) . Committee Chair Committee Member Committee ember PROPOSED COUNCIL MOTION: "I move approval of the WSTC Target Zero Team (TZT) Law Enforcement Liaison (LEL) MOU 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: March 10, 2015 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: Washington Traffic Safety Commission(WTSC) Target Zero Team (TZT) Law Enforcement Liaison (LEL) Memorandum of Understanding. Background The Federal Way Police Department is an active member of the regional WTSC TZT enforcement emphasis. The FWPD utilizes funds provided by the WTSC to conduct enforcement mobilizations throughout the year. These mobilizations include Holiday DUI patrols: U text U drive U pay patrols, Click it or Ticket patrols, Cell Phone patrols, and Summer DUI patrols. For the past several years, FWPD has been and continues to be a statistical leader for these sponsored enforcement activities in south King County. With the implementation of the `Nick and Derek DUI and Distracted Driving Enforcement Project' the City of Federal Way continues to lead by example. Acknowledging the threat to our community when people drive while intoxicated or distracted, the city funded this program over and above the funding received from the WTSC in order to make our streets safer. Proposal The WTSC has recognized the efforts of Federal Way Police Department to be a leader in traffic safety for south King County and wishes to appoint FWPD Traffic Lieutenant Kurt Schwan as the regional WTSC Law Enforcement Liaison(LEL). The LEL's responsibilities are as following; • Lead the development of multijurisdictional high visibility enforcement mobilization plans • Coordinate mobilization briefings • Lead news media efforts for Target Zero Team mobilizations • Produce quarterly and annual reports documenting their TZT involvement These responsibilities will not interfere with Lt. Schwan's other traffic unit commitments and responsibilities. We ask that the City of Federal Way agree to the terms of the WTSC TZT LEL memorandum of understanding, which includes up to $1,500.00 in additional WTSC grant funding to be utilized by the LEL. 1 INTERAGENCY AGREEMENT BETWEEN WASHINGTON STATE PATROL AND WASHINGTON TRAFFIC SAFETY COMMISSION THIS AGREEMENT is made and entered into by and between the LAW ENFORCEMENT LIAISON (LEL)- Lieutenant Schwan and the Federal Way Police Department hereinafter referred to as "CONTRACTOR," and the Washington Traffic Safety Commission, hereinafter referred to as "WTSC." THE PURPOSE OF THIS AGREEMENT is to provide funding for LEL to collaborate with local jurisdictions in promoting Target Zero. THEREFORE, IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK The CONTRACTOR shall perform the duties of the LEL as described in the Statement of Work attached as Exhibit A. PERIOD OF PERFORMANCE The period of performance of this Agreement shall commence on October 1, 2014 and remain in effect until September 30, 2015 unless terminated sooner, as provided herein. COMPENSATION Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34. The cost of accomplishing the work described in the Statement of Work will not exceed $1500.00 (FIFTEEN HUNDRED DOLLARS). If the CONTRACTOR intends to charge indirect costs, submission of a cost allocation plan or a Federal cognizant agency letter is required. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount. STATE AND FEDERAL TERMS AND CONDITIONS: ACTIVITY REPORTS The CONTRACTOR agrees to submit quarterly reports and a final report on the activity of this project in the form provided by the WTSC entitled "Traffic Safety Project Report" and incorporated by reference as Exhibit B. Final reports are to be detailed and must describe whether the project objectives were accomplished, if technical and fiscal problems were encountered, and what improvements in traffic safety have resulted or probably will result. Included in the final report will be copies of publications, training reports and any statistical data generated in project execution. The final report is to be submitted to WTSC within 30 days of termination of this Interagency Agreement. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Agreement shall be made by the WTSC. Page 1 of 14 Federal Project CFDA# AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the party, which consent shall not be unreasonably withheld. The CONTRACTOR shall provide the WTSC a copy of all third-party contracts and agreements entered into for purposes of fulfilling the Statement of Work outlined in Exhibit A. All third-party awards must allow for the greatest practical competition in accordance with applicable procurement rules and procedures. ATTORNEYS' FEES In the event of litigation or other action brought to enforce Agreement terms, each party agrees to bear its own attorney fees and costs. BILLING PROCEDURE The CONTRACTOR shall submit invoices for reimbursement with supporting documentation to WTSC monthly. All invoices for reimbursement shall be submitted using the A-19 attached as Exhibit C or its pre-approved equivalent. Payment to the CONTRACTOR for approved and completed work will be made by warrant or account transfer by WTSC within 30 days of receipt of the invoice. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 45 days after the expiration date of this Agreement. All invoices for goods received or services performed on or prior to June 30, must be received by WTSC no later than August 15. All invoices for goods or services performed on or prior to September 30, must be received by WTSC no later than November 15. BUY AMERICA ACT The CONTRACTOR will comply with the provisions of the Buy America Act (49 U.S.C. 5323(j)), which contains the following requirements: Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project agreement by more than 25 percent. Clear justification for the purchase of non-domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION The CONTRACTOR shall not use or disclose any information concerning the WTSC, or information which may be classified as confidential, for any purpose not directly connected with the administration of this agreement, except with prior written consent of the WTSC, or as may be required by law. Page 2 of 14 COST PRINCIPLES Costs incurred under this Agreement shall adhere to provisions of OMB 2 CFR Part 225 and 49 CFR Part 18 for state and local agencies, OMB Circulars A-21 and A-110 for educational institutions, and OMB Circular A-122 for nonprofit entities. The CONTRACTOR shall not utilize Federal grant funds to replace routine and/or existing State or local expenditures; or utilize Federal grant funds for costs of activities that constitute general expenses required to carry out the overall responsibilities of State, local, or Federally-recognized Indian tribal governments. COVENANT AGAINST CONTINGENT FEES The CONTRACTOR warrants that no person or selling agent has been employed or retained to solicit or secure this agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the CONTRACTOR for the purpose of securing business. The WTSC shall have the right, in the event of breach of this clause by the CONTRACTOR, to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. DEBARMENT AND SUSPENSION Instructions for Lower Tier Certification 1. By signing and submitting this proposal,'the CONTRACTOR (hereinafter in this section referred to as "prospective lower tier participant") is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant,person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Page 3 of 14 Voluntary Exclusion -- Lower Tier Covered Transaction,"without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (See below) 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed'for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. DRUG-FREE WORKPLACE In accordance with the Drug-Free Workplace Act of 1988 (41 USC 8103 and 42 USC 12644), the CONTRACTOR shall publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and shall specify the actions that will be taken against employees for violation of such provision. The CONTRACTOR shall establish a drug-free awareness program and require that employees provide notification of any criminal drug statute conviction for a violation Page 4 of 14 occurring in the workplace no later than five days after such incident. The CONTRACTOR shall notify WTSC within ten days after such notification by an employee engaged in the performance of the grant. Within 30 days, the CONTRACTOR will take appropriate personnel action against such employee, up to and including termination, a require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, state, or local health, law enforcement, or other appropriate agency. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) In accordance with FFATA, the CONTRACTOR shall, upon request, provide WTSC the names and total compensation of the five most highly compensated officers of the entity if: (i) the entity in the preceding fiscal year received— I. 80 percent or more of its annual gross revenues in Federal awards; II. $25,000,000 or more in annual gross revenues from Federal awards; and (ii) the public does not have access to information about,the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986; FEDERAL LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. Page 5 of 14 In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state and federal statutes and rules; b. Terms and Conditions of this agreement; c. Any Amendment executed under this Agreement; d. Any Statement of Work executed under this Agreement; and e. Any other provisions of the agreement, including materials incorporated by reference. INCOME Income earned by the CONTRACTOR with respect to the conduct of the Statement of Work (e.g. sale of publications, registration fees, service charges) must be accounted for and income applied to project purposes or used to reduce project costs, INDEMNIFICATION To the fullest extent permitted by law, the CONTRACTOR shall indemnify, defend, and hold harmless state, agencies of state and all officials, agents and employees of state, from and against all claims for injuries or death arising out'of or resulting from the performance of the Agreement. The CONTRACTOR's obligation to indemnify, defend, and hold harmless includes any claim by the CONTRACTOR's agents, employees, representatives, or any subcontractor or its employees. The CONTRACTOR expressly agrees to indemnify, defend, and hold harmless the state for any claim arising out of or incident to CONTRACTOR's or any subcontractor's performance or failure to perform the Agreement. The CONTRACTOR waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless state and its agencies, officials, agents or employees. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. INDUSTRIAL INSURANCE COVERAGE The CONTRACTOR shall comply with the provisions of Title 51 RCW, Industrial Insurance. If the CONTRACTOR fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, the WTSC may collect from the CONTRACTOR the full amount payable to the Industrial Insurance accident fund. The WTSC may deduct the amount owed by the CONTRACTOR to the accident fund from the amount payable to the CONTRACTOR by the WTSC under this Agreement, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the CONTRACTOR. LICENSING, ACCREDITATION AND REGISTRATION The CONTRACTOR shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements/standards, necessary for the performance of this Agreement. Page 6 of 14 NONDISCRIMINATION The CONTRACTOR will comply with all Federal statutes and implementing regulations relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), which prohibits discrimination on the basis of race, color or national origin (and 49 CFR Part 21); (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (Pub. L. 101-336), as amended (42 U.S.C. 12101, et seq.), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27); (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (e) the Civil Rights Restoration Act of 1987 (Pub. L.100-259), which requires Federal-aid recipients and all subrecipients to prevent discrimination and ensure nondiscrimination in all of their programs and activities; (f) the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pub. L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (h) Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42 U.S.C. 290dd-3 and 290ee-3), relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, et seq.), relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (k) the requirements of any other nondiscrimination statute(s) which may apply to the application. In the event the CONTRACTOR is in non-compliance or refuses to comply with any nondiscrimination law, or policy, this Agreement may be rescinded, canceled or terminated in whole or in part, and the CONTRACTOR may be declared ineligible for further contracts with the WTSC. The CONTRACTOR shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes procedure set forth herein. POLITICAL ACTIVITY (HATCH ACT) The CONTRACTOR will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508) which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the service(s) described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Page 7 of 14 Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. REGISTRATION WITH DEPARTMENT OF REVENUE The CONTRACTOR shall complete registration with the Washington State Department of Revenue and be responsible for payment of all taxes due on payments made under this Agreement. RIGHT OF INSPECTION The CONTRACTOR shall provide right of access to its facilities to the WTSC, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. The CONTRACTOR shall make available information necessary for WTSC to comply with the client's right to access, amend, and receive an accounting of disclosures of their Personal Information according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The CONTRACTOR shall upon request make available to the WTS and the U.S. Secretary of the Department of Health & Human Services all internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure of Personal Information obtained or used as a result of this Agreement. RIGHTS IN DATA Unless otherwise provided, data that originates from this Agreement shall be "works for hire" as defined by the U,S. Copyright Act and shall be owned by the WTSC and the State Of Washington. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the CONTRACTOR hereby irrevocably assigns all right, title, and interest in data, including all intellectual property rights, to the WTSC effective from the moment of creation. Data shall include, but not be limited to data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. The CONTRACTOR may publish, at its own expense, the results of project activities without prior review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of the support provided by the National Highway Traffic Safety Administration (NHTSA) and the WTSC. Any discovery or invention derived from work performed under this project shall be referred to the WTSC, who will determine through NHTSA whether patent protections will be sought, how any rights will be administered, and other actions required to protect the public interest. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion, the WTSC may terminate the Agreement under the "Termination for Convenience" clause, without the ten day Page 8 of 14 notice requirement, subject to renegotiation at the WTSC's discretion under those new funding limitations and conditions. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. SITE SECURITY While on AGENCY premises, the CONTRACTOR, its agents, employees, or subcontractors shall conform in all respects with physical, fire or other security policies or regulations. STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. TAXES All payments accrued on account of payroll taxes, unemployment contributions, any other taxes, insurance or other expenses for the CONTRACTOR or its staff shall be the sole responsibility of the CONTRACTOR. TERMINATION Either party may terminate this Agreement upon thirty (30) days prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. TERMINATION FOR CAUSE If, for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either part y violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within fifteen (15) working days. If failure of violation is not corrected,this Interagency Agreement may be terminated immediately by written notice of the aggrieved party to the other. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Agreement, the WTSC may, by 10 days written notice, beginning on the second day after the mailing, terminate this Agreement in whole or in part. If this Agreement is so terminated, the TSC shall be liable only for payment required under the terms of this Agreement for servi Wces rendered or goods delivered prior to the effective date of termination. Page 9 of 14 TREATMENT OF ASSETS 1. Title to all property furnished by the TSC shall remain property of the TSC. Title to all property furnished by the C W W ONTRACTOR, for the cost of which the CONTRACTOR is entitled to be reimbursed as a direct item of cost under this Agreement, shall pass to and vest in the WTSC upon delivery of such property by the CONTRACTOR. Title to other property, the cost of which is reimbursable to the CONTRACTOR under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such property in the performance of this Agreement, or (ii) commencement of use of such property in the performance of this Agreement, or (iii) reimbursement of the cost thereof by the WTSC in whole or in part, whichever first occurs. 2. Any property of the WTSC furnished to the CONTRACTOR shall, unless otherwise provided herein or approved by the WTSC, be used only for the performance of this Agreement. 3. The CONTRACTOR shall be responsible for any loss or damage to property of the WTSC which results from the negligence of the CONTRACTOR or which results from the failure on the part of the CONTRACTOR to maintain and administer that property in accordance with sound management practices. 4. If any WTSC property is lost, destroyed or damaged, the CONTRACTOR shall immediately notify the WTSC and shall take all reasonable steps to protect the property from further damage. 5. The CONTRACTOR shall surrender to the WTSC all property purchased or furnished to the CONTRACTOR under this contract upon completion, termination or cancellation of this contract. 6. All reference to the CONTRACTOR under this clause shall also include CONTRACTOR 's employees, agents or Subcontractors. A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in`a writing signed by an authorized representative of the party and attached to the original Agreement. DESIGNATED CONTACT The following named individuals will serve as designated contacts for each of the parties, for all communications and billings regarding the performance of this Agreement: The Contact for the CONTRACTOR is: The Contact for WTSC is: Lt. Kurt Schwan Edica Esqueda Traffic Unit Program Manager Federal Way Police Department 621 8th Avenue SE, Suite 409 33325 8th Ave. S. Olympia, WA 98504-0944 Federal Way, WA 98003 (360) 725-9886 (253) 835-6875 eesqueda(a�wtsc.wa.gov kurtschwan@citvoffederalway.com Page 10 of 14 IN WITNESS WHEREOF, the parties have executed this Agreement. AGENCY N,A IE' Signature Andy Hwang Printed Name Chief of Police Title Date WASHINGTON TRAFFIC SAFETY COMMISSION Signature Darrin Grondel Printed Name Director Title Date Page 11 of 14 Exhibit A STATEMENT OF WORK 1. CONTRACTOR, using designated LEL, will solicit agencies to participate in the WTSC High Visibility and multi-jurisdicti W onal state wide mobilizations conducted during federal fiscal year 2015. 2. CONTRACTOR, using designated LEL, will increase officer.commitment and effectiveness during the state wide High Visibility multi-jurisdictional mobilizations and other to be identified TARGET Zero enforcement activities. 3. CONTRACTOR, using designated LEL, will promote multi-agency task forces. 4. CONTRACTOR, using designated LEL, will assist the WTSC by providing the law enforcement perspective as we develop plans for programs to save lives and reduce serious injuries resulting from traffic crashes. 5. WTSC will reimburse CONTRACTOR for designated LEL' work as follows: a. Overtime hours worked serving as WTSC's LEL-Reimbursement will be paid at the rate of not more than 1.5 times the officer's hourly rate plus CONTRACTOR's contributions to employee benefits including FICA, Medicare, Worker's Compensation, and unemployment. b. Incidental costs such as copying, phone calls, equipment purchases, etc., must be approved in advance by WTSC. c. Equipment may be purchased at the documented hourly rate of the LEL in lieu of overtime. Prior approval for any equipment purchases must be obtained in writing from WTSC and such requests shall be accompanied by a completed time log (Exhibit D). 6. WTSC will reimburse for travel, and training expenses as needed at the state per diem rate. a. No salaries and benefits for the trainee or his/her backfill qualify for reimbursement. 7. CONTRACTOR, using designated LEL, will review data, plan operations and coordinate Target Zero Team emphasis patrols. Page 12 of 14 Exhibit B WASHINGTON Traffic Safety C O M M I S S I O N Traffic Safety Project Report Agency: Date Submitted: Project Title: WTSC Contract Number: Report Submitted By: Grantee Contract Number(if applicable): Quarterly Report Number: 01st Quarter Report Oct. 1 — Dec. 31 Due on Jan. 15 02"d Quarter Report Jan. 1 —Mar. 31 Due on Apr. 15 ❑3rd Quarter Report Apr. 1 —Jun. 30 Due on Jul. 15 1114th Quarter Report July 1 —Sept. 30 Due on Oct. 15 Other Report: ❑Final Report Due within 30 days of project close (2) Activity— Briefly describe project activity for this reporting period (Include relevant milestones and deliverables). (3) Goals— Briefly describe how project activity has contributed to accomplishing the stated goals (as included in the original proposal) of the project. (4) Problems or Favorable Developments— Briefly describe any problems that impair your ability to accomplish project goals and any favorable developments that will allow you to meet timelines and objectives sooner or at less cost than anticipated. (5) Expenditures— Provide a summary of expenditures for this reporting period. Category of Expenditure Amount Employee salaries and benefits Travel (includes in-state and out-of-state travel) Contract Services (usually involves a 3rd party service provider) Equipment* (specify equipment in the table below) Goods or other expenses (examples: office/printing supplies, postage, software, conference registration fees) (6) If applicable, include reports or status updates from contractors (3rd party service providers) and any summary documents or publications created. Page 13 of 14 Federal Project, _:` g CFDA# Exhibit C FORM STATE OF WASHINGTON AGENCY USE ONLY A 19 a INVOICE VOUCHER AGENCY NO. LOCATION CODE P.R.OR AUTH.NO. (Rev 4/1/13) �W 2280 AGENCY NAME For INTERNAL USE ONLY WA Traffic Safety Commission DATE: PO BOX 40944 PROJECT#: Olympia WA 98504-0944 APPROVED BY: VENDOR OR CLAIMANT(Warrant is to be payable to) INSTRUCTIONS TO VENDOR OR CLAIMANT: Submit this form *(Please fill in mailing address matching Fed ID#) to claim payment for materials, merchandise or services. Show complete detail for each item. BY (Approval Signature&Title) • • (Print Name) (Date) •ttatewidWitteROW FEDERAL I.D.#OR SOCIAL SECURITY#.(For reporting Personal Services Contract Payments to I.R.S. CFDA# • • UNIT FOR AGENCY DATE DESCRIPTION QUANTITY PRICE AMOUNT USE • • • • TOTAL* II. * * PREPARED BY TELEPHONE NUMBER • • DOC.DATE PMT DUE CURRENT DOC. REF DOC. VENDOR NUMBER VENDOR MESSAGE UBI NUMBER DATE NO. REF TRANS m, INDEX SUB SUB ORG WORKCLAS COUNTY CITY/TOWN PROJEC SUB PROJ DO CODE O FUND APPN PROGRAM OBJ SUB INDEX ALLOC BUDGET MOS T PROD 'PHAS AMOUNT INVOICE NUMBER C n INDEX INDEX OR:IFCT UNIT ACCOUNTING APPROVAL FOR PAYMENT DATE WARRANT TOTAL WARRANT NUMBER Page 14 of 14 Federal Project; CFDA#'. COUNCIL MEETING DATE: March 17,2015 1'MA it f CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: INCLUSION SCHOLARSHIP PROGRAM POLICY QUESTION: Should Council approve the newly created scholarship program for low income people with disabilities to participate in Parks & Recreation Programs? COMMITTEE: PRHSPS MEETING DATE: 3/10/17 CATEGORY: ® Consent (l Ordinance n Public Hearing I City Council Business ( I Resolution n Other STAFF REPORT BY: Kevin Hutchinson, Inclusion Coordinator DEPT: PRCS Attachments: Scholarship Application Options Considered: I. Approve the newly created scholarship program for low income people with disabilities to participate in Parks and Recreation Programs. 2. Don't approve the scholarship program for low income people with disabilities to participate in Parks and Recreation Programs and provide direction to staff MAYOR'S RECOMMENDA 3N: Option 1 ..----- � C1�S�i /4' MAYOR APPROVAL: 169 S — 1IRECTOR APPROVAL: / `�COmI tee Cauncil l Initial/Date Aler Initial/Date Ina]. Date / CHIEF OF STAFF: ii'►'1 i7 -e'T i./i�, , f Commi i—IV Conn Initi g Initial Iat. COMMITTEE RECOMMENDATION: I move to forward the scholarship program for low income people with disabilities to participate in Parks and Recreation program to the March 17, 2015 consent agenda for approval. R i!),1 l 1 1- ,- < <► Committee Chair Committee Member Committee Mt ber PROPOSED COUNCIL MOTION: `7 move approval of the scholarship program for low income people with disabilities to participate in Parks and Recreation programs. " (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—1/2015 RESOLUTION# CITY OF Federal Way FEDERAL WAY INCLUSION SCHOLARSHIP APPLICATION FORM Here at the Federal Way Parks, Recreation & Cultural Services, we believe that every person, no matter age, race, gender, and ability has the right to participate in recreation and life-enriching programs. We also know that many persons with disabilities have different economic hardships that may prevent participants from affording these programs. We have developed the Inclusion Scholarship Fund to help individuals pay for our Inclusion Programs. Successful applicants can use these funds to pay for Inclusion Programs. • Complete Form • Attach copy of proof of DDA Funding, food stamps for family or free and reduced lunch letter from school district. • If you do not receive DDA funding, please attach a letter explaining why you may deserve a scholarship. Reasons can include: Medical hardships, loss of employment or reduced income, changes in family situation or housing, etc. • Return to Federal Way Community Center CC/ Kevin Hutchinson: 876 S. 333rd St. Federal Way, WA 98003 or email to kevin.hutchinson@cityoffederalway.com (email is preferred) • Award per participant is$50 per year(Amount will be revisited each year). • Award can be used at once, or be used for multiple courses. • Participants are eligible to apply once per year any time during the year. • Please allow 7-10 business days for processing. • Contact Inclusion Coordinator Kevin Hutchinson at (253) 835-6927 if you have questions. Applicant Name Date Contact Name Phone Number Office: Received on Date: By: Approved/Denied By: Date: COUNCIL MEETING DATE: March 17,2015 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Arts Commission 2015 Work Plan POLICY QUESTION: Should the City Council approve the Arts Commission 2015 Work Plan? COMMITTEE: PRHSPS MEETING DATE: 3/10/15 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business 1 Resolution I i Other STAFF REPORT BY: Cody Geddes, Recreation Supervisor DEPT: PROS Attachments: 1. Proposed 2015 Arts Commission Work Plan Options Considered: 1. Approve the Arts Commission 2015 Work Plan 2. Do not approve the Arts Commission 2015 Work Plan, and provide direction to staff MAYOR'S RECOMMENDATION: O t,tion 1 MAYOR APPROVAL: • , ._ �� DIRECTOR APPROVAL: / /s" olnmittee only —3/,S Initial/Dat Initial/Da- tial/Date CHIEF OF STAFF: ,(iy/t„I 1�j/ I /j�}ir Comm( Co -il Initial/i.0./ I ' al/D COMMITTEE RECOMMENDATION: I move to forward the Arts Commission 2015 Work Plan to the March 17, 2015 consent agenda for approval. /JtA h � A .acts Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: `I move approval of the Arts Commission 2015 Work Plan. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) . COUNCIL ACTION. ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ 'TABLED/DEFERRED/NO ACTION Enactment reading ❑ NIOVFD TO SECOND READING(ordinances only) ORDINANCE# REVISI`.D-08/122010 RESOLUTION# LO N r a) iis Ca Cl) in 4-+ i Q a) L N �... 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U ?: c o o z co o O o .�? o (n _ ti• Q a`) ac) E CL Q .u) c 1 0 co E o 0 0 .o ca o Q Q) 't a 0 CO (nc0p ..c a3 °o a) `n a, - W :��' c in w D ° Cra = cmm 5 o O .c ((00 > a) as co 0 O L E U 0 O W > o a)na Q R RS °a o 2 U) o_ a) O U o) U U -v _c O O (0 a) � -a (s LL N c 4m (O .- Q N M c ?i .0 o L a' L ) _o a) U c E -c N fl O O E U ` ` p to cn o a)y V a ° o E E E 'v ai u) E - R E a) Ct .E- U pi o U co o a coo < .-a COUNCIL MEETING DATE: March 17,2015 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CONFIRMATION OF COMMUNITY DEVELOPMENT DIRECTOR POLICY QUESTION: Should the City Council confirm the Mayor's appointment of Michael Morales as the Community Development Director? COMMITTEE: N/A MEETING DATE:N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Brian Wilson,Chief of Staff DEPT:Mayor's Office Options Considered: 1. Confirm the appointment of Michael Morales as the Community Development Director. 2. Postpone the confirmation and address it at the April 7,2015,City Council meeting. 3. Do not confirm the appointment of the Community Development Director,which will result in the Mayor bringing forward another candidate for confirmation. MAYOR'S RECOMMENDATION: Confirm the appointment of Michael Morales as the Community Development Director. MAYOR APPROVAL: N/A r34V/S DIRECTOR APPROVAL: N/A Committee / �' Counc Initial/Date Initial/Date InitiaVD�� CHIEF OF STAFF: N/A ci fy; 716( Committee ounci Initial/Date Initial/Date COMMITTEE RECOMMENDATION:N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of Option (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: March 17,2015 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: TOWN SQUARE PARK 30%DESIGN POLICY QUESTION: Should the Council authorize staff to proceed with the design of Town Square Park, and return to Parks Commission, PRHSPS and Council at the 85% design completion for further reports and authorization to bid? COMMITTEE: PRHSPS MEETING DATE: 3/10/15 CATEGORY: El Consent n Ordinance Public Hearing ® City Council Business n Resolution I I Other STAFF REPORT BY: Stephen Ikerd—Parks Deputy Director DEPT: PRCS Attachments: Design drawing will be provided at the meeting Options Considered: 1. Authorize staff to proceed with the design of Town Square Park and return to Parks Commission, PRHSPS and Council at the 85% design completion for further reports and authorization to bid? 2. Do not authorize proceeding to the 85% design and provide direction to staff MAYOR'S RECOMMENDA N• Option 1 MAYOR APPROVAL: 3 ''3 DIRECTOR APPROVA J/ /S om ttee mined Initial/Date Initial/Date Initial/Dat 7 CHIEF OF STAFF: �C,/,�,. Q ,( i� I / �� Committer o j ci lethal/D. - lull?/I COMMITTEE RECOMMENDATION: I move to forward the authorization for staff to proceed with the design of Town Square Park and return to PRHSPS and Council at the 85% design completion for further reports and authorization to bid to the March 17, 2015 city council business agenda for approval. Committee Chair Committee Member Committee Mem er PROPOSED COUNCIL MOTION: "I move approval of Authorizing staff to proceed with the design of Town Square Park and return to PRHSPS and Council at the 85% design completion for further reports and authorization to bid" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED Is'reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED— 1/2015 RESOLUTION# COUNCIL MEETING DATE: MARCH 17,2015 ITEM#: C. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION: IN SUPPORT OF THE ESTABLISHMENT OF A WASHINGTON STATE UNIVERSITY MEDICAL SCHOOL. POLICY QUESTION: Should the City Council support the establishment of a Washington State University Medical School and urge the legislature to facilitate its formation? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: Brian Wilson, Chief of Staff DEPT: Mayor's Office Attachments: Draft Resolution Options Considered: (1)Approve the proposed resolution to support the establishment of a Washington State University Medical School and urge the legislature to facilitate its formation. (2)Do not approve the resolution. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: N/A ` DIRECTOR APPROVAL: N/A Committee o cil Initial/Date Initial/Date / Inn:)./Da, CHIEF OF STAFF: N/A 1i ,� I Committee ► un, Initial/Date Initia I.te COMMITTEE RECOMMENDATION:N/A. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: `I move approval of a Resolution in Support of the Establishment of a Washington State University Medical School." (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# RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, supporting the establishment of a Washington State University Medical School. WHEREAS,the need to establish another medical school in our state is critical, and WHEREAS,more than 800 Washingtonians applied to medical school in 2012-13 in a state in which there are only 120 publicly funded seats available per class, and WHEREAS,of all state residents who attended medical school that year,two-thirds left the state to do so, and WHEREAS, Washington State University ("WSU") has been educating medical students enrolled in the Washington,Wyoming,Alaska,Montana and Idaho Medical Education program,or WWAMI,since it was founded.WWAMI was created to train primary care and family physicians for underserved areas of eastern Washington and the states of Wyoming,Alaska,Montana,and Idaho, and WHEREAS, WSU's proposed Community-Based Medical Education("CBME")model is the best approach for accomplishing this goal and meeting the needs of the evolving 21st century healthcare system, and WHEREAS,the CBME model provides medical students with field experiences in a variety of community settings, including smaller hospitals and clinics, such as St. Francis Hospital in Federal Way, and WHEREAS, a WSU Medical School affiliation with local health care providers would benefit the City of Federal Way and area residents affected by the shortage of physicians, and Resolution No. 15- Page 1 of 3 Rev 1/15 WHEREAS, it is time for a new medical school to serve Washington's educational and health needs,now and in the years to come. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. The City of Federal Way supports the establishment of a Washington State University Medical School and urges the legislature to facilitate its formation. Section 2. Severability.If any section,sentence,clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution 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 resolution is hereby ratified and affirmed. Section 5.Effective Date.This resolution shall be effective immediately upon passage by the Federal Way City Council. Resolution No. 15- Page 2 of 3 Rev 1/15 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of ,20_. 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: RESOLUTION NO.: Resolution No. 15- Page 3 of 3 Rev 1/15 COUNCIL MEETING DATE: MARCH 17,2015 ITEM#: G j CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION TO SUPPORT A NEW MENTAL HEALTH FACILITY IN PIERCE COUNTY POLICY QUESTION: Should the City Council approve the proposed Resolution in support of a new Mental Health Facility in Pierce County. COMMITTEE: PRHSPS MEETING DATE: March 10,2015 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Watson, Community Services Manager DEPT: Community Development Attachments: 1. Proposed Resolution 2. Correspondence from MultiCare and CHI Franciscan Health requesting Letters of Support Options Considered: (1)Approve the proposed resolution of support for a new mental health facility in Pierce County. (2)Do not approve the resolution. MAYOR'S RECOMMENDAT�• Approve the proposed resolution. MAYOR APPROVAL: I.WA7 e) � . IRECTOR APPROVAL: J /Co cil A�� Im'al/Date/ ICniamDittaete e � InitialDat04....44zrr e CHIEF OF STAFF: ALA C.a/1 I- A Com . e Initi ate Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the March 17, 2015 business agenda for approval. 4,,, / ,�,�'l,0 , .• /f Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Resolution in support of a new mental health facility in Pierce County." (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# RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington,Supporting a New Mental Health Facility in Pierce County and Endorsing the Certificate of Need filed by CHI Franciscan Health and MultiCare Health System. WHEREAS, there is a shortage of psychiatric hospital beds for both voluntary and involuntary adults patients in our region; and WHEREAS,Washington State Department of Health has identified the need for an additional inpatient psychiatric hospital in Pierce County; and WHEREAS, MultiCare Health System and CHI Franciscan Health want to partner to build and operate a$41 Million, 120-bed psychiatric hospital in Tacoma, Washington, and WHEREAS,providing additional adult inpatient services will ensure those in mental health crisis receive the timely, specialized care they need; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1.The City of Federal Way supports the development of a new mental health facility in Pierce County and endorses the Certificate of Need filed jointly by CHI Franciscan Health and MultiCare Health System for a 120-bed psychiatric hospital to be located in Tacoma. Section 2. Severability.If any section,sentence,clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of Resolution No. 15- Page 1 of 2 Rev 1/15 scrivener/clerical errors, references, resolution 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 resolution is hereby ratified and affirmed. Section 5.Effective Date.This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this 17th day of March 2015. 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: RESOLUTION NO.: Resolution No. 15- Page 2 of 2 Rev 1/15 "4 CHI Franciscan Multi Care in Health Our best care.Your best health.' B ette rCo n n ected February 25, 2015 i Jeanne Burbidge Councilmember C)-- 2 L251 33325 8th Ave. South City Cierk' City of Federal v�g. Federal Way, Wa 98003 Dear Ms. Burbidge, As a community partner engaged in improving the health of our region, we ask for your support to increase access to mental health care by endorsing the Certificate of Need we jointly submitted to build a new psychiatric hospital in Pierce County. Washington State Department of Health (DOH) has identified the need for additional inpatient psychiatric beds in Pierce County. Together, our two health systems are prepared to greatly alleviate this need in our community by constructing and operating a 120-bed facility in Tacoma. As you know, MultiCare Health System and CHI Franciscan Health are local, not-for-profit health care organizations whose commitment and care for Tacoma-Pierce County span more than 135 years. We share the same mission to improve the health of our community. We successfully partner to provide high-quality trauma care for our region as well as the Carol Milgard Breast Center, offering screening and diagnostic breast health services. We will bring this same passion, healthcare expertise and joint financial strength to expand capacity for mental health services in Pierce County. We already provide local inpatient and outpatient mental health care. Consolidating our services and combining our resources to jointly operate the new hospital will help ensure our residents timely access to mental health evaluation and treatment, as well as efficient coordination of care to support all their health needs, close to home. Please see the enclosed fact sheet for details about our CN proposal and how you can support this critical community need. We ask for your letter of support by March 20. You may return it in the postage-paid reply envelope and we will forward it on to the Department of Health by the DOH deadline. Thank you for your consideration, and we hope we can look forward to your participation. Sincerely, / Xt.e„..=___ Lief— "44-'e / Robert 'Bill' Robertson Joseph 'Joe' Wilczek Ketul Patel President and Chief Executive Officer Chief Executive Officer Incoming Chief Executive Officer MultiCare Health System CHI Franciscan Health CHI Franciscan Health Help Us Improve Access to Mental Health Care in Pierce County. What: How to participate: MultiCare and CHI Franciscan Health filed a Certificate • Write a letter in support of the new hospital. of Need (CN) with the Washington State Department Speak from the heart. of Health on December 16, 2014 to jointly build and operate a $41 million, 120-bed psychiatric hospital to — Include why you believe a new psychiatric be located in Tacoma. hospital is needed to serve Pierce County residents. Why: — Describe the impact that insufficient inpatient The shortage of psychiatric hospital beds for both mental health capacity has had on your voluntary and involuntary adult patients is extremely profession,your community or your personal life. acute in our region.Washington State Department Share how you think increased capacity for of Health has identified the need for additional inpatient mental health services would make a inpatient psychiatric beds in Pierce County. difference in your professional capacity, in your Providing additional adult inpatient services will community,or for you and your family. ensure those in mental health crisis receive the • Address your letter to: Mr.Bob Russell,Analyst; timely,specialized care they need.Traditionally, Department of Health,Certificate of Need Program, patients who present at area emergency rooms in Mail Stop 47852,Olympia,WA 98504-7852. Letters need of mental health evaluation and treatment may be typed or handwritten. Please note that were often'boarded'until a psychiatric bed became e-mails and faxes are not accepted. available.This practice was deemed illegal, by the Washington State Supreme Court in August 2014, • Mail your letter back to us by March 20,2015 in under the state's Involuntary Treatment Act. the postage-paid envelope provided, please; or if you prefer,you can mail your letter directly to When: Mr. Russell above. State review is expected to be complete by fall 2015. • If you would like additional information or help If approved,the new mental health hospital could writing your letter, please contact: begin caring for patients just over two years later. Budd Wagner 253-382-3851 What you can do: Vice President CHI Franciscan Health Marketing State regulators care about your concerns.While and Communications they will review extensive data, public comments are welcome and play a large role in their decision- Jean Jackman 253-403-1305 making process.Your voice is vital to help support Vice President the case that additional inpatient mental health MultiCare Health System Marketing services are needed in Pierce County. By sharing your experience,you help tell the story of community need. continued on back About the proposed hospital • The psychiatric hospital would be equally owned by MultiCare Health Did you know? System and CHI Franciscan Health. Within urban counties • CHI Franciscan and MultiCare have created an independent, in our state,Pierce not-for-profit organization to operate the new hospital. County sits at the • Current inpatient and outpatient mental health services provided by very bottom in these systems would be consolidated in a single location. terms of inpatient psychiatric capacity, Why the CHI Franciscan/MuitiCare partnership is the best solution for I with only 2.8 beds inpatient psychiatric care in Pierce County per 100,000 people in • MultiCare Health System and CHI Franciscan Health are local, not-for- our community. This profit health systems whose commitment and care for Tacoma-Pierce compares with 14.2 County span more than 135 years.They are the largest health systems in statewide and 27.1 in the county. King County. • These two health systems have a rich history of providing local, comprehensive,quality health care,including inpatient and outpatient mental health services. • It is well documented that people with mental illness often have multiple health issues. MultiCare and CHI Franciscan can provide local, efficient,coordinated care for all additional services a mental health patient may need. CHI Franciscan and MultiCare are expertly positioned to meet the need of our community—mental and medical—with a holistic,integrated approach to care that can help contain costs. • CHI Franciscan and MultiCare have a history of working together to address community need. The systems successfully provide Level II trauma care through Trauma Trust,LLC(Tacoma Trauma),and mammography and other breast services close to home,regardless of ability to pay,through the Carol Milgard Breast Center. Thank you for your participation in this important process to bring a much-needed psychiatric hospital to Pierce County. N CHI Franciscan MultiCare Ll Health Bette rCo n netted Our best care.Your best health.'" COUNCIL MEETING DATE:March 17,2015 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE:AMEND FWRC TO ZONE RECREATIONAL MARIJUANA-RELATED BUSINESSES POLICY QUESTION: Should the City Council zone and regulate recreational marijuana-related businesses? COMMITTEE: LUTC MEETING DATE: October 2014 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution U Other STAFF REPORT BY: Stacey Welsh Senior Planner DEPT:CD Attachments: (1)Proposed Ordinance;(2)February 17,2015 City Council Special Meeting packet material. Background: Council adopted a moratorium on marijuana-related b usinesses that expires on May 5,2015. The Council considered this topic at meetings on October 21, 2014 and February 17, 2015. The proposed ordinance zones and regulates recreational marijuana-related businesses of retail, processing,and production in select zoning designations.The proposed ordinance will take effect May 6,2015. Options Considered: 1)Adopt zoning ordinance for recreational marijuana-related.businesses. 2)Do not adopt zoning ordinance and provide direction to staff. MAYOR'S RECOMMENDATION:Option 1 Ao MAYOR APPROVAL: N/A re mS DIRECTOR APPROVAL: 'S�1 E/.IS Committee ounc Initi / Initial/Date Initial/Date CHIEF OF STAFF: N/A 1,A 4.. / /i Committee Counc Initial/Date Initi. ;.e COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance [to ban] to First Reading and Enactment on October 21, 2014, with guidance to staff to prepare an extension to the moratorium as to medical marijuana. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE(MARCH 17): "I move to forward approval of the ordinance to the April 7, 2015 Council Meeting for enactment." 2ND READING OF ORDINANCE(APRIL 7): "I move approval of the proposed ordinance." (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—1/2015 RESOLUTION# Attachment 1 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to marijuana-related businesses; adding new sections FWRC 19.220.150, and 19.240.190 and adding new chapter FWRC 19.280 "Marijuana-Related Businesses." (Amending Ordinance Nos. 09-610, and 13-754) WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way Revised Code ("FWRC"), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to Chapter 19.35 FWRC; and WHEREAS, it is in the public interest for the City Council to adopt modifications to Title 19 of the FWRC, which establishes appropriate siting and development regulations for recreational marijuana-related businesses within the City of Federal Way; and WHEREAS, in November 2012, Washington State voters approved Initiative 502 ("I- 502"), codified in Chapter 69.50 RCW, 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 I-502 within the City; and Ordinance No. 15- Page 1 of 13 Rev 1/15 LU WHEREAS, on October 21, 2014 the City of Federal Way City Council passed Ordinance No. 14-776 renewing the moratorium imposed by Ordinance No. 13-749 for six months; and WHEREAS, the moratorium imposed by Ordinance No. 14-776 applies to both recreational and medical marijuana related activities; and WHEREAS, the City desires to separately regulate recreational and medical marijuana; and WHEREAS, the City is taking separate action with regard to medical marijuana; and WHEREAS, the moratorium imposed by Ordinance No. 14-776 expires on May 5, 2015; and WHEREAS, the City desires for recreational marijuana zoning regulations to take effect on May 6, 2015 to coincide with the May 5, 2015 expiration of the moratorium imposed by Ordinance No. 14-776; 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; and WHEREAS, staff prepared draft code amendments related to the siting of recreational marijuana-related businesses, including marijuana production, processing and retail sales; and WHEREAS, the Planning Commission conducted a public workshop on the proposed code amendments, on August 20, 2014; 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 Ordinance No. 15- Page 2 of 13 Rev 1/15 LU WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on September 17, 2014; and 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, additionally voted to recommend that the moratorium on medical marijuana be extended; and WHEREAS, the City Council considered allowing marijuana-related businesses in the City at meetings on October 21, 2014 and February 17, 2015; and 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 with respect to the proposed amendments. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole because the voters of the State of Washington and the City of Federal Way approved through the passage of I-502 the establishment of businesses that produce, process and sell recreational marijuana and the proposed amendments will establish appropriate zoning districts and separation standards for these businesses. Ordinance No. 15- Page 3 of 13 Rev 1/15 LU (b) These code amendments comply with Chapter 36.70A RCW, Growth Management. (c) These code amendments are consistent with the intent and purpose of Title 19 FWRC and will implement, and are consistent with, the applicable provisions of the Federal Way Comprehensive Plan. (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the Federal Way Comprehensive Plan goals and policies, as appropriate zones for recreational marijuana-related businesses were established by considering 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. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because the text amendments establish zoning districts where recreational marijuana-related businesses may potentially locate, and also establish separation standards from state identified sensitive land uses to help protect the general safety and welfare of Ordinance No. 15- Page 4 of 13 Rev 1/15 LU Federal Way residents by limiting the potential for minors to be exposed to these business operations. (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because the voters of the state of Washington and the City of Federal Way approved through the passage of Initiative 502 the establishment of businesses that produce, process, and sell recreational marijuana. 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C d E d (gaa)ap!S 7 . .a• c [F/] C y 'a0' • cc TS y m 'v7 .D u 0 E iZ az!S 1O1 O I.cto a+ d 0 ° F L ens = W ss33O.Id nMainaU a U W U W U h pawl i. E ctt H a 3 SAIOI V1f1O3i1 a a a Q: h c h d d d Y 0 ON -- 3 Z o R R R R o'o I LU U N .6. =I U U C d is- a O Section 5. Title 19 of the FWRC is hereby amended to add a new chapter 19.280 to read as follows: Chapter 19.280, Marijuana-Related Businesses Sections: 19.280.010 Purpose. 19.280.020 Definitions. 19.280.030 Applicability. 19.280.040 General requirements. 19.280.050 Separation requirements. 19.280.060 Application requirements. 19.280.070 Signage. 19.280.080 Security requirements. 19.280.010 Purpose. The purpose of this chapter is to minimize the impacts of marijuana-related businesses on surrounding properties and ensure public safety while providing,for appropriate siting of marijuana-related businesses licensed in accordance with state law. 19.280.020 Definitions. The definitions provided in RCW 69.50.101 and WAC 314-55-010 are adopted by reference as they now exist or may be amended. 19.280.030 Applicability. This chapter establishes special regulations that govern marijuana-related businesses. Marijuana-related business uses include retail outlet, processing, and production as defined in FWRC 19.280.020. Marijuana-related businesses do not include medical marijuana collective gardens or medical marijuana dispensaries as regulated under Chapter 69.51A RCW. 19.280.040 General requirements. Marijuana-related businesses shall: 1. Be entirely within a secure, fully-enclosed structure with rigid walls, a roof, and doors. The structure shall comply with the City of Federal Way building codes and any other applicable codes; 2. Shall not operate as an accessory use to a primary use or as a home occupation; 3. Not be established or conducted in a building that includes a residential use; 4. Be operated by persons or entities holding a valid marijuana license from the Washington State Liquor Control Board issued under Chapter 314-55 WAC and any other applicable state laws and regulations; Ordinance No. 15- Page 10 of 13 Rev 1/15 LU 5. Obtain a city business license; 6. Ensure that no horticulture production, processing, or delivery of marijuana shall be visible to the 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 city personnel, including law enforcement, for compliance with all applicable permits and licenses at any time during regular business hours. 19.280.050 Separation requirements. 1. Only one (1) marijuana-related business is allowed in a 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; 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, WAC 314-55-010 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. Playground; 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) and over. The distance shall be measured as the shortest straight line distance from the property line of the licensed premises to the property line of a use listed above, as provided in Chapter 314-55 WAC, as those sections currently exist or may be modified in the future; and 3. If a use listed in subsection 2 above, locates within one thousand (1,000) feet of a marijuana-related business after the marijuana-related business is lawfully established, such use shall not benefit from the separation requirements of this subsection. A marijuana-related business is lawfully located under the FWRC if it has located within the city in accordance with the requirements of this section. 19.280.060 Application requirements. An application for a marijuana-related business shall include the following information in addition to the standard submittal requirements for the applicable development permit: Ordinance No. 15- Page 11 of 13 Rev 1/15 LU 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 copy of the state license or a copy of the state license application. A development permit shall not be issued for a marijuana-related business unless the applicant is a marijuana licensee. 3. A map drawn to scale showing that the proposed marijuana-related business is at least one thousand (1,000) feet from all uses specified in RCW 69.50.331 and WAC 314-55-050. A survey prepared by a surveyor licensed in the state of Washington may be required by the Director. 4. The applicant shall submit a copy of the operating plan required by the Washington State Liquor Control Board as part of the state license application. 19.280.070 Signage. All marijuana-related business signage shall comply with the requirements specified in WAC 314-55-155, as well as FWRC Chapter 19.140, "Signs," as applicable. 19.280.080 Security requirements. A marijuana-related business shall: 1. Have installed, prior to issuance of a certificate of occupancy, an operational security system that is 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. Section 6. 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 7. 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 8. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ordinance No. 15- Page 12 of 13 Rev 1/15 LU Section 9. Effective Date. This ordinance shall be effective May 6, 2015, after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this 7th day of April, 2015. 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. 15- Page 13 of 13 Rev 1/15 LU Attachment 2 COUNCIL MEETING DATE: February 17,2015 ITEM#: ii CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:MARIJUANA RELATED BUSINESSES--STUDY SESSION POLICY QUESTION: Should the City Council ban or allow marijuana related businesses within the City? COMMITTEE: LUTC MEETING DATE: October 6, 2014 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other STAFF REPORT BY: Stacey Welsh, Senior Planner DEPT: CD Attachments: 1) Staff Memo to the City Council; 2) MRSC map; 3) Cityvision articles "Casing the Joint", "Local Marijuana Revenues" & "The Fed X Factor"; 4)AWC report by Berk, "Assessment of Impacts to Cities of Recreational Marijuana Legalization"; 5) House and Senate bill list; 6) October 21, 2014 City Council packet material (agenda item 7a). Background: The current marijuana moratorium expires on May 5, 2015. This study session is taking place at the request of the City Council. Council is being asked to review information and provide direction to staff for preparation of an ordinance to present to City Council for final action. Options: 1) Adopt regulations related to the siting of recreational marijuana-related businesses and/or collective gardens; 2) Adopt an ordinance banning the siting of recreational marijuana-related businesses and/or collective gardens; 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. MAYOR'S RECOMMENDATION: Option 1 r MAYOR APPROVAL: „Pi/05 '.. 2 d DIRECTOR APPROVAL: —34/1:11 _ 21/0!1)'J ' Co / Coun 11 Initial/Date f Initial/Date Initial/Date 'CHIEF OF STAFF: _J ,(,v A1n,, I/ )6 14./4. Council /Initial/Date Initial/Date COMMITTEE RECOMMENDATION:N/A PROPOSED COUNCIL MOTION:N/A (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-1/2015 RESOLUTION# CITY OF Federal Way Marijuana-Related Businesses Staff Report City Council Study Session February 17, 2015 I. INTRODUCTION Last October,the City Council considered a Planning Commission/LUTC recommendation of a ban on recreational marijuana businesses and also contemplated a ban on medical marijuana businesses(the 10-21-14 Council packet materials are attached).The result was that the Council enacted a moratorium (Ordinance 14-776)on the matter for an additional six(6)months,which is set to expire on May 5, 2015. This staff report presents a brief overview of recreational marijuana-related businesses and progress on this topic to date. The marijuana related code amendment is designated as a"high priority"item on the Planning Commission's work program. This study session is taking place at the request of the City Council. Council is being asked to review information and provide direction to staff for preparation of an ordinance to present to City Council for final action. Staff from Community Development,Police, Finance, and Law departments will be present to respond to questions.Additionally,the Washington State Liquor Control Board's Deputy Director, Randy Simmons, will be in attendance at the February Council study session. 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 I-502. Statewide,the initiative passed with an approval rate of 55.7%. In the City of Federal Way,the approval rate was 53%. 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. How many retail,producer,and/or processer businesses may be located in Federal Way? • The State has specified no more than five retail outlets may be allowed within the City limits. • A retailer may only be a retailer(not also a producer and/or processor). Marijuana-Related Businesses File 14-102659-00-UP February 17,2015 City Council Study Session Page 1 of 4 • 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. • state w. There is currently no limit on the number of producer or processor businesses under stat law. 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 five 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 individuals listed as applying for a state license for retail within the City limits,but no more than five will be able to obtain such a license.The WSLCB did conduct several lotteries to determine priority ranking for proposed retail businesses within each jurisdiction,subject to the business meeting all the local regulations. If the proposed retail 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 five licenses,and so on until either five licenses are successfully issued,or all proposals have been exhausted. There are currently four individuals listed as applying for a state license for producer and three applications for processor within the city limits.Three of the four producer applicants also a pp lied for the three processor applications. Therefore the seven applications for producers and processors equate to four business locations. How have other jurisdictions' responded to I-502? The Municipal Research Services Center(MRSC)maintains a map with the status of local jurisdictions'responses to I-502 to date. Staff reviewed the map,available online at http://www.mrsc o/subjects/legal/502/recmarijuana.aspx,at the time of the preparation of this staff report(map attached). Currently,approximately 40%of cities have either a moratorium in place related to marijuana businesses or have prohibited them altogether.The other 60%of cities either allow marijuana businesses by default under the initiative rules,have adopted permanent or interim regulations to allow the businesses subject to local regulations,or have taken no action. As noted above, 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 ght.mrsc.org/2014/01/16/state-attorney-general-says-cities-and-counties-can-ban- recreational-marijuana-uses!).However,the State Attorney General's opinion is not binding on the state courts. Financial& public safety impacts of marijuana related businesses At present there is no mechanism in place for the City to receive any revenue from the State from recreational marijuana sales,except for our share of local sales tax.Although several bills in the legislature have been proposed that may change this. See section below titled"Additional information". The Liquor Control Board is responsible for enforcing the state regulations on recreational marijuana- related businesses.Local law enforcement is responsible for responding to criminal activity and Marijuana-Related Businesses File 14-102659-00-UP February 17,2015 City Council Study Session Page 2 of 4 DUIs. We investigated statistics on robberies associated with recreational marijuana retail businesses, but that information is not readily available. According to the Washington State Patrol(WSP)in 2011,there were 1,735 DUI drug arrests, in 2012 there were 1,621 arrests,and in 2013 there were 1,357 arrests. So the number of Driving under the Influence of Drugs(DUID)arrests went down after I-502 passed in November 2012.The WSP stated that enforcement levels might have something to do with the drop. Medical Marijuana Dispensaries/Collective Gardens Dispensaries and collective gardens are not affected by I-502 and do not have to comply with any of the requirements including separation standards from sensitive uses(unless the City wants to create and implement such requirements).The Liquor Control Board does not regulate these types of operations. Medical marijuana"dispensaries"are not legal under state law. It is possible that the legislature may adopt regulations pertaining to medical marijuana dispensaries/collective gardens.The City Council can ban and/or regulate medical marijuana for the time being; however medical marijuana is in a transitory period right now as we wait for clear direction from the legislature and/or courts. Additional information The Association of Washington Cities(AWC)publishes a magazine called Cityvision.The September/October 2014 edition is dedicated to the topic of marijuana.Articles pertaining to banning marijuana, local marijuana revenues,and the federal government response are attached as information for your review.AWC also retained the consulting firm Berk who recently prepared a report entitled "Assessment of Impacts to Cities of Recreational Marijuana Legalization",which is also attached for your review and information. The Washington State regular legislative session is scheduled to run from January 12—April 26, 2015. At the time of writing of this staff report,there are numerous bills pertaining to various aspects of marijuana(see attached list of House and Senate bills). Some of these bills include, in brief detail: • SB 5052-The Cannabis Protection Act o Clarifies and reconciles Washington State medical and recreational marijuana laws. • SB 5417-Local government marijuana policies o Addresses distribution of marijuana excise tax revenue and changes the distance restrictions on marijuana producer, processor and retail businesses. • JIB 1165-Dedicated local jurisdiction marijuana fund o Relates to the establishment of a dedicated local jurisdiction marijuana fund and the distribution of a specified percentage of marijuana excise tax revenues to local jurisdictions. • JIB 1411-Siting of marijuana facilities o Changes the distance restrictions on marijuana producer, processor, and retail businesses. • JIB 1438-Relating to prohibiting production,processing and sale of marijuana o Permits jurisdictions to prohibit the production, processing, and sale of marijuana under I-502 only by public vote. • J B 1461-Revises many regulatory provisions regarding medical and recreational marijuana. Marijuana-Related Businesses File 14-102659-00-UP February 17,2015 City Council Study Session Page 3 of 4 III. PROGRESS TO DATE This section provides a summary of actions on this topic to date. • November 5,2013: Council enacted a one year moratorium on marijuana-related land uses. • August 20, 2014: Planning Commission study session. o Planning Commission directed staff to proceed with preparation of final recommendations for siting of recreational marijuana-related businesses. • September 17,2014: Planning Commission public hearing. o Planning Commission recommended the Council ban marijuana-related businesses. • October 6,2014: Land Use/Transportation Committee(LUTC)meeting. o LUTC voted to forward the proposed ordinance(ban)to the City Council and directed staff to extend the moratorium on medical marijuana and remand that component back to the Planning Commission. • October 21,2014: City Council meeting. o Council approved Ordinance No. 14-776,renewing the moratorium imposed by Ordinance No. 13-749 on marijuana collective gardens and other related activities involved in the sale,manufacturing, or distribution of recreational marijuana for six months. Council also requested staff bring the topic back in a study session format. • February 17,2015: City Council study session. • May 5,2015: moratorium expires. IV. NEXT STEPS City Council has the following options: 1. Adopt regulations related to the siting of recreational marijuana-related businesses and/or collective gardens; 2. Adopt an ordinance banning the siting of recreational marijuana-related businesses and/or collective gardens; 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. Staff will take Council direction and prepare appropriate documents for your consideration. Marijuana-Related Businesses File 14-102659-00-UP February 17,2015 City Council Study Session Page 4 of 4 Oo • • Orovile • • • • • Bellingham • c`s lone • • • • • Concrete • • Colville •• • Omak • 0 • Twisp • 0 • Chewetah o • • • • a •• • NevrP Forks Port Townsend Bridgeport • • • • • Electric City • ' • Index• o • Mansleld • • Leavenworth W • •Coulee City Amara OaDavenport © 0 • • • • Harrington • o • t . East Wenatchee •%lson Creek• • k • o O Ephrata Odessa • . dis • Rosala © • • 111. Carbonado Scott Cie Bum•o George Moses Lake • St.Jo:•Farmington • • • Lind art Royal City Endicott + Eatomr7e Othello Pullman •• • • South Bend O 0 II 0 pus pC • Morton Mesa •Mossyrock Sc, po er •• M co valor s•0 0� F W .• •rg Asoolin 0 Prosser Kennewick , • College Place 10 0 • • ••While Salmon Washougal C OpenStreetMap contributors Jurisdiction Type Zoning Type ' Totals By Zoning Type(cm(to highlight) a' City J (All) County O Allowed Under Existing Zoning Allowed Under Exerting Zoning - J Interim Zoning Permanent Zoning J Moratorium Interim Zoning J No Action O Permanent Zoning No Action J Prohibited Moratorium Prohibited Source: MRSC, 1-16-15 http://www.mrsc.org/subjects/legal/502/recmariivana.aspx#table MRSC Map Legend • Allowed Under Existing Zoning- Licensed recreational marijuana businesses are not specifically allowed, but can locate in appropriate zones already established (ie. retail marijuana businesses can locate in zones allowing retails sales, etc.) • Permanent Zoning- Licensed marijuana businesses are specifically listed as allowed uses in designated zones. • Interim Zoning- Provisional zoning regulations are adopted for licensed marijuana businesses, subject to review and amendment within a designated time period, as allowed by RCW 35A.63.220. • No Action- No regulations have been adopted regarding licensed marijuana businesses. • Moratorium- Licensed marijuana businesses are prohibited for a designated time while the legislative body gives the matter further consideration, as allowed by RCW 35A.63.220. • Prohibited - Licensed marijuana businesses are not allowed -either through an outright ban or through other local enactments,such as licensing regulations prohibiting businesses that do not comply with federal laws. INSIDE: NOTED Distribution of the marijuana excise tax 10 THE QUESTION Impressions from a production facility tour CALENDAR The barnstorming regional meetings season Casing the Joint PPPPP. - A court fight over Fife's marijuana ban ,„ larit, threatens legalization. IN" .. .__ ;-. ifs:: j • NO DOUBT every city attorney in the state was awaiting Pierce County Supe ., rior Court Judge Ronald Culpepper's ruling on Case No.14-2-10487-7.But O Ige none was more anxious for the August 29 decision—the first judicial determination 4‘0— that Initiative 502 allows local munici- A LA 50 palities to ban marijuana businesses— than Loren Combs. "For the City of Fife,Initiative 502 has been upheld,and the city ordinance has been upheld,"says Combs,a lawyer at Tacoma's VSI Law Group who serves ; as Fife's city attorney."Every jurisdic- " ; tion should be able to look at their own circumstances and say,`Yes,this makes t sense'or,`No,this doesn't'" Fife,a five-square-mile suburb east , of Tacoma,decided that it didn't make sense.So on July 5,Fife's council passed Ordinance No.1872,establishing a one- year moratorium on businesses involved ` with the production,distribution,and - , sale of marijuana.In addition to liability ,.- '` and public safety concerns,city leaders ° were hesitant to grant a local license to any business that,although sanctioned continued on page 10 SEPTEMBER/OCTOBER 2014 1 CITYVISION MAGAZINE I 5 Vision Municipal Solutions .1`- r0, PO Box 28429 , � :. CITY -_ S Spokane,WA 99228 509-315-8845 www.visionms.net Vision has secure,innovative software solutions for local government.Our suite includes financials, payroll,cash management,utilities,licenses, receivables,and more.In addition to software we provide Professional Services,IT,and Forms. Casing the Joint continued from page 5 IP _ by the state,would be operating in violation of the fed- 4 eral Uniform Controlled Substances Act. t Rich legacy. "Until the federal law changes or until a federal court Bright future. says,`Yes,a state can do this,'there's risk,"Combs ar- „ . , g gues."It's a cloud over this whole social change that's Helping communities grow going on.In my lifetime,people went to jail for having a and prosper has made our few seeds of marijuana in their car—it was a felony.Now �',:-* .1 . � business thrive.Pacific Power the state says it's legal for them to smoke it and sell it. is proud to have served That's a huge change.It's a lot easier being a lawyer than t customers and communities it is being a politician who says,`Even if the federal gov- ,, for over 100 years. ernment still says marijuana is illegal,I'm going to allow PACIFIC POWER it to be sold in my city.'" r Or disallow it.On July 15,would-be pot proprietor c4 Tedd Wetherbee filed a lawsuit,arguing that state law (Initiative 502)superseded local bans and that he had a PROFESSIONAL SERVICES right to open a retail marijuana business in Fife.If that's the case,Fife countered,then federal law trumps state law,effectively seeking an unprecedented court ruling B p n„M U!N that could fundamentally undermine the state's mari- juana law.By ruling against state preemption(that state C. 9 ” to OO'' YT, ■ U Personnel&Labor Relations law trumps local ordinances),Judge Culpepper dodged ('r.ae peel b Ltha,8.&,t0s www.braunconsulting.com the matter of federal preemption. • "If they were successful,that would effectively evis- cerate marijuana legalization in Washington state,"says Braun Consulting Group salutes the Board, state Attorney General Bob Ferguson,who intervened Staff, and Volunteers of AWC for their outstared- in the case and shared Fife's position that cities and ing service in the interest of Washington State counties could ban recreational marijuana businesses public employers. but disagreed with the city's argument that federal drug Thanks for all you do. laws preempted Initiative 502."I want to be clear that my role is to uphold the will of the voters—that's why we're intervening.There are real threats to marijuana 1 I X 1 I> _I . ,it legalization in Washington state,and we're working hard to stop those threats....I think Judge Culpepper got it Feeling restricted by B.A.R.S.? exactly right,but this is the first step in what may be a long legal process." °• , a In late September,Wetherbee appealed Judge Culpep- per's t•. �.�WA State Auditors ARS reporting class per's decision directly to the State Supreme Court;his appeal was pending as of press time. "If I were a local elected official,I'd be talking to my . Era e@•iassoftware.com for a chance city attorney and monitoring these cases and watching to win a scholarship them closely,"Ferguson advises."Until the State Su- preme Court rules,it's an open question of whether or v1/410) un not local jurisdictions can opt out of allowing marijuana , Ft businesses.That's the bottom line."—Ted Katauskas C it For more information: 10 1 CITYVISION MAGAZINE SEPTEMBER/OCTOBER 2014 , cityoffife.org IE 11` . • l'ke.2612 4-615. LOCAL MARIJUANA REVENUES "°°" i 'P.-API-a..L.,5-e, , _ When I-502 was on the ballot in 2012, there was the promise of sig- 4wvc,,,5 6 `r 4 75i% 4.04 pxwse. a nificant new tax revenues for the state. Recreational marijuana sales 12_{- (7� 5�Q are subject to a ��,4 =;'!;Z at each transaction point: grower to 5~ $. tax, 0.04- 5�� L processor, processor to retailer, and retailer to consumer. In its Qocl�5overy 5• fiscal note for I-502, the Office of Financial Management predicted Like-5 ,-e w5k j 44,.e. that I-502 could generate up to $500 million per year. The initiative `..n_-w-e 4Q ,V. was very specific in how the revenue would be spent. 1-^� savvve of AMOUNT 4.r ..t.a— AGENCY DISTRIBUTED PURPOSE FOR FISCAL YFAR //1 1� /4 To be used for conducting and J � �5 91 DSHS $500,000 expanding the Healthy Youth Survey --"'7 s•-r�� cc��w� Washington State &`ror^'``t • cpw,,,!):_ Institute of Contract with WSIPP on cost-benefit jL.�s g c{5' TD.-e. _ecl Public Policy $200,000 evaluation. Appropriation ends after SSe$�.� wipQ r�o{ (contract) completion. ,$5€151 41 oft,,,_ S``f 3 `SS�S imPa�{ Alcohol and drug abuse institute. ‘3,12.)) °C University of $20,000 Creation, maintenance, and updating 5°',-Kme„ S Washington of web-based public education materials on risks of marijuana use. / Liquor Control Administration of I-502, ✓✓ $5,000,000 Board (LCB) capped at this einOt �t.Leck °a Implementation and maintenance Qe.G+"v,..Gj7oul of programs for prevention and DSHS/Dept, reduction of substance abuse. Of v,4 JI'- F--Or5 Behavioral Health 15% this amount, 85 percent must go to 4-o 6..,d O „�, v °re evidence-based and cost beneficial �,1 programs and practices. Cj7otn�' `.>ka� >r�" Marijuana education public LS c�ow� 40 Gclucuj-e DOH 10°s A > Pop u health --, G1�o University of n'.R.reju.Gr,R.u5t. Washington/ Research on short- and long-term Washington State 1° effects of marijuana use. --- University WA Basic Health Plan no longer exists; however, the distribution is Basic Health 500 set to go to the basic health plan �,,,,�� Local ovea _ 1` trust account, which still exists WA 5 o .auera.5e lel o Health Care 5% Contracts with community health pQ �.1,0 o a`_rPy- aliou 1 Authority centers to provide various servicesPaw,. ` "" "7 re.4-w-v�.on-SGpeS OSPI 0.3% Fund grants to building bridges {.o clP,c_i�C rro 4 5 �5,{ program under RCW 28A.175 T Remainder to ( °W to ro 5 General Fund 18.7% No rerictions ^ Po .0w {,e revt,uP^ .+--. Cities will receive revenues from local sales taxes and local B&O ... \ tax, but these taxes are expected to generate relatively little - additional revenue: ��y�_ � Salpli / B&O taxes �� S'u`'�" Basic Sales Tax 0.425% This is a 0.5 percent tax— county c....‘w.45. wall gets the remainder Optional Sales Tax 0.425% This is a 0.5 percent tax—county gets the remainder Average B&O tax that returns to B&O Tax <0.2% cities. Only 40 cities impose a local B&O tax. ® For more information: awcnet.org 8 CITYVISION MAGAZINE SEPTEMBER/OCTOBER 2014 WISE HILARY BRICKEN,Canna Law Group THE FED CITY 101 X FACTOR WHAT LOCAL CITIES NEED TO WATCH ON MARIJUANA'S LEGAL FRONT Eight Is Enough WITH THE PASSAGE of Initiative 502,Washington became one of the first states According to a 2013 Department to legalize cultivating,manufacturing,and distributing marijuana for recreational of Justice memo,the federal use.Nonetheless,marijuana remains a federally illegal controlled substance,and government priorities for some Washington cities and counties are using federal illegality as a basis for banning enforcement of federal law cannabis businesses in their midst. against state-licensed marijuana On August 29,2013,the Department of Justice(DOJ)issued an enforcement businesses are the prevention of: memorandum to all U.S.Attorneys on how the federal government treats cannabis businesses operating legally in states with"robust"marijuana regulatory regimes. IDistribution of marijuana In that memo,the DOJ emphasized eight federal priorities for marijuana-friendly to minors states,beyond which law enforcement would be left to state law authorities. 2 Cannabis revenues going This memo,however,is not binding,and it does not change federal law.The federal to criminal enterprises, government remains able to enforce federal law even against I-502 businesses that gangs,and cartels are in compliance with all state laws.As a result,Washington cities and counties 3 Diversion of marijuana The 2013 DOJ must decide whether to allow for I-502 from states where it is legal to other states businesses when their own resources are memo does not already strained and when the federal gov- 4 State-authorized activity eminent may intervene at anytime to the being used as a cover for change federal detriment of the city or county. illegal activity, including In addition,cities and counties remain trafficking of other illegal law. concerned about the conflict between drugs state and federal marijuana laws where 5 Violence and the use of their own local business licensing and permitting for cannabis businesses maybe firearms in the cultivation construed as violations of federal law because that licensing or permitting operates and distribution of marl- as an"endorsement"of marijuana cultivation and distribution.These cities and j uana counties claim to fear federal prosecution of their civic leaders and the loss of federal 6 Drugged driving and funding.I-502 is silent on whether cities and counties can ban I-502 businesses. exacerbation of other Anumber of prospective 1-502 licensees have brought lawsuits adverse public health against cities(and at least one county)seeking to overturn their , P {I sari� xt '` consequences associated bans on I-502 businesses,and we can expect at least one of these 3 with marijuana use cases to go to the Washington Supreme Court.Pierce County • , ' Iff' Superior Court has already ruled in favor of the City of Fife's ban 7 Growing of marijuana � I � , on public lands on cannabis businesses,on the basis that no state law explicitly ,y, . forbids such a ban(see"Casing the Joint,"page 5).However,the 8 Marijuana possession or judge in that case abstained from ruling on the federal conflict 3 `u use on federal property issue,which may resurface on appeal. As the marijuana marketplace develops in Washington,this , a issue of first impression for marijuana businesses and municipali- ties is almost certain to make its way to our highest state court. Be sure to stay tuned.C For more information: 24 CITYVISION MAGAZINE ( SEPTEMBER/OCTOBER 2014 cannalawgroup.com RN ASSOCIATION OF WASHINGTON C 11ES Assessment of Impacts to Cities of Recreational Marijuana Legalization Final Report: January 9, 2015 f_ .. S i� ��i F o � � � r� � s sia 1.�. a S 7 Y a = , t /pi1:4),..,;;;„:„ ,,,,,,,,z 1,5',,,4 t,-W"4:14'0,040,:,* 4:47,,V:404'.14"Vf4r; °1,,"4!.,`;...,:. ,V,*),,,,,44-:4‘;;"t:Ak",4-4 4' A�`xY ? y%n' _r� r� „ BERK:iii - • • Founded in 1988,we are an interdisciplinary strategy and analysis firm �11 BERK providing integrated,creative,and analytically rigorous approaches to complex policy and planning decisions. Our team of strategic planners, policy 2025 First Avenue, Suite 800 and financial analysts,economists,cartographers, information designers,and Seattle WA 98121 facilitators work together to bring new ideas,clarity,and robust frameworks to the development analytically-based and action-oriented plans. www.berkconsulting.com PROJECT TEAM: Allegra Calder, Melanie Mayock, Emmy McConnell,and Annie Saurwein AWC IMPACTS OF MARIJUANA LEGALIZATION FINAL REPORT EXECUTIVE SUMMARY EXECUTIVE SUMMARY In November 2012, the voters of Washington State approved Initiative 502 (I-502), which legalized recreational marijuana statewide. More specifically, 1-502: • Defined and legalized small amounts of marijuana and marijuana-infused products for use by adults 21 years and older. • Created a regulated recreational marijuana industry comprised of marijuana producers, processors,and retail stores. • Instituted a marijuana excise tax of 25%on all sales by marijuana producers, processors, and retailers. While the excise tax will provide the state with funds to cover implementation and other associated costs and also provide some funding for state health efforts, concerns have been raised that there are externalities associated with recreational marijuana legalization that will have an impact on all levels of government. The Association of Washington Cities (AWC) hired BERK Consulting in an effort to understand the impacts that 1-502 has had and will have on cities in the state. This assessment seeks to understand the potential impacts to cities on both revenues and resource costs associated with legal recreational marijuana. Revenue Impacts Recreational marijuana businesses generate most of the same taxes that other kinds of businesses generate to the jurisdictions within which they operate. The analysis presented below looked into the primary sources of revenue that will be impacted by the recreational marijuana industry, both at the state and local level: • Recreational Marijuana Excise Tax • Retail Sales Tax • Business and Occupation (B&O)Tax • Business licenses and fees These revenue sources are estimated to bring significant new funds to the state. While current estimates are uncertain, city revenues will be substantially less.There is a need for further data from cities to fully understand the revenues that they will collect as part of recreational marijuana legalization. Revenue Impact Conclusions and Next Steps At this point in system implementation, revenues are inconsistent and growing as more stores open each month. In the five-month period from July - November 2014, tax collected by Washington State totaled about $14.2 million. Revenue accruing to cities is less clear at this time. To improve understanding going forward, the following metrics should be developed and tracked: FINAL:January 9,2015 AWC IMPACTS OF MARIJUANA LEGALIZATION FINAL REPORT I EXECUTIVE SUMMARY Revenue Potential Data Source Notes/Needed Changes State Marijuana Excise Tax Washington State Liquor Currently available Control Board (LCB) State Retail Sales Tax Department of Revenue. No current NAICS category (DOR) State B&O Tax Department of Revenue No current NAICS category Local Retail Sales Tax Department of Revenue No current NAICS category Local B&O Tax Department of Revenue No current NAICS category Resource Impacts To describe the current and expected resource (costs and staffing) impacts of recreational marijuana legalization, this assessment focuses on the change in impacts from the time when recreational marijuana was illegal to now. Based on a literature review and interviews with ten cities, the resource impacts to cities are primarily related to criminal justice and public safety, public health,code enforcement,and business regulation. Criminal Justice and Public Safety Cities either have their own police departments or contract for law enforcement services with their county or a neighboring city. Therefore, changes in demand for police services could have financial impacts to cities. Research and interviews identified three main areas of concern: • Increased rates of impaired driving • Marijuana-related crime • Additional law enforcement training needs due to confusion around the intent of the law and different regulations for medical marijuana Public Health While counties have constitutional responsibility for public health provision in Washington State,cities are often involved through education work or partnerships with their counties to help fund public health activities. Public health activities related to marijuana usage include behavioral change campaigns to reduce usage rates of adults and youth to mitigate negative health impacts. • Potential impacts on youth usage from marijuana legalization • Potential impacts on adult usage from marijuana legalization Code Enforcement and Business Regulation 1-502 included detailed zoning and land use requirements for marijuana businesses, including buffer zones around areas frequented by children such as schools and parks. Cities employ permitting staff, land use planners, and code enforcement staff,and attorneys that may all be impacted by this new business activity. • Land use and zoning • Building permits • Increased lawsuits FINAL:January 9,2015 ii AWC IMPACTS OF MARIJUANA LEGALIZATION FINAL REPORT I EXECUTIVE SUMMARY Resource Impact Conclusions and Next Steps To understand and quantify the resource impacts to cities we need to know the following: 1. Is the legalization of recreational marijuana causing changes in the underlying factors related to criminal justice, public safety, public health, and licensing, permitting and legal activities in cities? 2. Are changes in these factors creating new costs to cities? The table below identifies metrics that could be tracked to better understand the impacts of recreational marijuana legalization on cities. Metric Potential Data Source Notes/Needed Changes Criminal Justice and Public Safety Count and percentage of driving Washington State Currently available arrests confirmed positive for Toxicology Laboratory Tetrahydrocannabinol (THC) Counts of licensing violation s.....................---..._.._LCB Currently available Arrests for marijuana possession Washington Association of Arrests related to possession of all Sheriffs and Police Chiefs drugs/narcotics are aggregated; (WASPC) however WASPC does track how many of these incidences included the seizure of marijuana. Arrests for public smoking of WASPC Arrests related to public use/smoking marijuana offenses for all drugs/narcotics are aggregated; however WASPC does track how many of these incidences included the seizure of marijuana.1 Crimes targeting marijuana LCB Not currently available, but could be businesses collected by the LCB as part of their ongoing work Public Health Marijuana-related emergency Department of Health Currently available room admissions (DOH), Comprehensive Hospital Abstract Reporting System (CHARS)database Percentage of 6th,Sth and 10th Healthy Youth Survey(HYS), Currently available graders using marijuana Youth Risk Behavior Survey (YRBS) Marijuana-addicted users in No current agency No official database treatment • 1 Tracy Miller,WASPC,January 2015. FINAL:January 9,2015 iii AWC IMPACTS OF MARIJUANA LEGALIZATION FINAL REPORT I EXECUTIVE SUMMARY Metric Potential Data Source Notes/Needed Changes Code Enforcement and Business Regulation Number of and cost of permitting LCB Currently available and licensing marijuana businesses Calls for police service at Individual cities Will vary by city marijuana business locations Code violations by marijuana Individual cities Will vary by city businesses For metrics where data varies by city, it may be necessary for a coordinating agency to compile annual reports to understand statewide trends. Based on the interviews related to the current implementation of 1-502 completed for this analysis, there does appear to be an expectation that the legalization of recreational marijuana will have cost and resource impacts on cities. As this assessment was completed early in the history of legal recreational marijuana in Washington State, and because data on impacts is limited, it is difficult to determine the full extent of those impacts. Additional data (both more months of current data and new data) and assessment will be needed to fully assess impacts of recreational marijuana legalization.Tracking the metrics identified above will help with this. There is merit in continuing to investigate this issue to ensure that cities are adequately compensated for any costs incurred as a result of this law.Additionally,cities are important stakeholders in the evolution of marijuana policy in Washington and there is demand for advocacy on their behalf to address the issues(particularly related to formal regulation of medical marijuana)they have identified as most important in this assessment. FINAL:January 9,2015 iV TABLE OF CONTENTS EXECUTIVE SUMMARY 1.0 INTRODUCTION 2 1.1 Project Overview 2 1.2 Project Approach and Methodology 2 2.0 BACKGROUND AND CONTEXT 4 2.1 Initiative 502 Implementation Details 4 2.2 Current Status of Implementation 7 2.3 Medical Marijuana in Washington State 8 2.4 Other Jurisdictions with Legal Recreational Marijuana 9 3.0 REVENUE IMPACTS 10 3.1 Literature Review Findings: Revenue Impacts and Trends in Colorado 10 3.2 Revenue Impacts in Washington State 12 3.3 Recommendations to Refine Future Revenue Analyses 14 4.0 RESOURCE IMPACTS 15 4.1 Literature Review Findings 15 4.2 Impacts in Washington State 16 4.3 Recommendations to Refine Future Cost Analyses 21 APPENDIX A: STAKEHOLDER INTERVIEW QUESTIONS A- 1 APPENDIX B: STAKEHOLDER INTERVIEW SUMMARY B- 1 AWC IMPACTS OF MARIJUANA LEGALIZATION FINAL REPORT 1.0 INTRODUCTION 1.1 Project Overview In November 2012, Washington State voters approved Initiative 502 (1-502), which legalized recreational marijuana statewide. 1-502 defined and legalized small amounts of marijuana and marijuana-infused Focus on Recreational products for use by adults 21 years and older. The new regulated and Marijuana licensed system is similar to the system for controlling alcohol in The purpose of the assessment Washington. 1-502 also created a 25% excise tax on all sales made by is to focus only on the impacts marijuana producers, processors,and retailers. of 1 502 and not the existing medical marijuana system. The distribution of the marijuana excise tax and other revenues was That said, interviewees codified by 1-502.The majority of the excise tax, license fee, and penalty mentioned the unregulated revenues collected are slated to support the Washington State Liquor medical marijuana industry Control Board's(LCB) implementation of 1-502,the Department of Social repeatedly, pointing to the and Health Services (DSHS), the Department of Health (DOH), and the need to clarify the law. state's Basic Health Plan. About 20% of revenues are to be disbursed to the state general fund.At this time, no specific revenues are allocated to city-and county-level implementation of recreational marijuana legalization, although local jurisdictions are able to collect regular taxes such as retail sales tax and business and occupation (B&O) tax (where levied) on marijuana businesses. While the excise tax will provide the state with funds to cover implementation and other associated costs and also provide some funding for state health efforts, concerns have been raised that there are externalities associated with recreational marijuana legalization that will have an impact on all levels of government. The Association of Washington Cities (AWC) hired BERK Consulting in an effort to understand the impacts that 1-502 has had and will have on cities in the state. 1.2 Project Approach and Methodology Methodology This assessment seeks to understand the drivers of change affecting cities with the introduction of legal recreational marijuana, and where data is available,estimate the magnitude of these impacts. Where data is not yet available, qualitative information from literature and stakeholder interviews is used. To better quantify and understand these impacts in the future,a number of metrics have been identified. Since the focus of this analysis is impacts to cities, it is important to think about how both revenues and costs may change due to the legalization of recreational marijuana. Approach Literature Review and Research. BERK conducted a literature review on the impacts of legalizing recreational and medical marijuana both in Washington State and in other states. This research focused primarily on the impacts realized to-date by Colorado, where recreational marijuana has been legally for sale for about a year. Research was also conducted into the impacts experienced by other countries (such as The Netherlands), but it was challenging to find studies that were meaningful or comparable to the issues in Washington State. Stakeholder Interviews. BERK conducted stakeholder interviews with officials and staff from ten cities. The purpose of these interviews was to hear about the impacts that cities are experiencing so far, and what this sample of cities believes are likely areas of future impact. FINAL:January 9,2015 2 AWC IMPACTS OF MARIJUANA LEGALIZATION FINAL REPORT Exhibit 1 summarizes the cities represented by the interviewees. Interviews were conducted with one to three representatives from each city, frequently including the City Manager, Police Chief, City Attorney, and/or Planning Director. Exhibit 1 Cities Included in Stakeholder Interviews Number of Approved City 2014 Prohibition or Population Producer Processor Moratorium? Retail Licenses Licenses Licenses Arlington 18,360 1 6 7 Moratorium on producers/processors Bellingham 82,810 5 11 11 Everett 104,900 2 1 1 Kennewick 77,700 0 0 0 Prohibited Longview 37,040 4 5 4 Seattle 640,500 4 6 9 Spokane Valley 92,050 1 9 11 Union Gap 6,140 2 0 0 Vancouver 167,400 2 1 1 Wenatchee 33,070 2 2 1 Source:Berk,2014. Data Collection and Analysis. Although data is limited at this stage of implementation, BERK collected data from statewide databases provided by the LCB, Washington State Patrol (WSP), and the Washington State Department of Revenue (DOR). FINAL:January 9,2015 3 AWC IMPACTS OF MARIJUANA LEGALIZATION FINAL REPORT 2.0 BACKGROUND AND CONTEXT 2.1 Initiative 502 Implementation Details Washington State voters passed 1-502 in November 2012 by a margin of 56% to 44%. While the initiative received a majority of votes statewide, support varied by county. Exhibit 2 shows which counties approved I- 502,and which did not. Exhibit 2 Initiative 502 Election Results by County WHATCOM .. KLAN JUAN;' OKANOGAN PEND OREI t" SKAGIT FERRY STEVENS 9 ISLAND CLALLAM SNOHOMISH CHELAN JEFFERSON DOUGLAS KITSAP SPOKANE LINCOLN KING MASON RAYS HARBOR GRANT 444fTiate KITTITAS a, 04 f � PIERCE ADAMS WHITMAN =. Pf LEWIS FRANKLIN GARFIELD COLUMBIA ASOTIN COWLIFZ BENTON WALLA WALLA KLICKITAT - Initiative 502 Initiative 502 County Results j Statewide Results Yes Yes(55.7%) No No(44.3%) Source:Washington State Secretary of State,2014;and BERK,2014. After passage of 1-502,the LCB conducted a rule-making process for implementation. Rules became effective in November 2013 and the LCB began accepting license applications that month. In March 2014,the LCB issued the first licenses to produce and process marijuana and in April 2014 a lottery was held for retail licenses. The first retail stores opened in in July 2014. FINAL:January 9,2015 4 AWC IMPACTS OF MARIJUANA LEGALIZATION FINAL REPORT Administration State-level Administration2 The LCB is the state agency given authority under 1-502 to license and regulate the recreational marijuana system. Under 1-502,the LCB is authorized to: • Define and conduct an application process to license marijuana businesses. • Charge fees necessary to implement and enforce the act,such as charges for sampling,testing, and labeling. • Collect the excise taxes created by 1-502. • Enact rules and establish procedures and criteria for inspection of marijuana businesses and their records; methods for producing, processing,and packaging products;standards for ingredients and ingredient quality,and business security requirements. • Set limitations on the number of retail outlets that can be in operation, in consultation with the Office of Financial Management(OFM). Under 1-502,the LCB determines the number of retail outlets and licenses, which are capped by county, but there are no limits on the number of producer and processor licenses. Local Administration While no specific powers were given to cities and counties by 1-502, a January 2014 opinion by the Washington State Attorney General concluded that 1-502 left in place the normal powers of local governments to regulate businesses within their jurisdictions.'This means that cities can impart additional regulations, charge their own business license or permit fees,or prohibit marijuana businesses entirely within their jurisdictions. Types of Legal Marijuana Businesses 1-502 created three legal types of licensed recreational marijuana businesses:4 • Marijuana Producer. Licensed to produce(grow) marijuana and wholesale it to licensed Marijuana Processors.The license allows for production, possession, delivery,and distribution activities. • Marijuana Processor. Licensed to process wholesale marijuana into saleable products, including marijuana- infused products for wholesale to Marijuana Retailers.The license allows for processing, packaging, possession,delivery,and distribution. • Marijuana Retailer. Licensed to sell marijuana and marijuana-infused products directly to consumers at retail,according to the enforcement provisions outlined in 1-502. Key Enforcement Provisions in 1-502 There are three categories of enforcement provisions governing I-502's implementation. It is important to remember that these are statewide regulations, and that some cities and counties have enacted additional regulations. Marijuana business regulations. In addition to complying with all local government land use and zoning regulations and building codes, 1-502 states that a licensed marijuana business cannot be within 1,000 feet of schools and child care centers, playgrounds, parks, public transit centers, libraries,and recreation centers. 2 Washington State Liquor Control Board,Initiative 502 Fact Sheet,2014.http://liq.wa.gov/marijuana/fact sheet. 3 Washington State Office of the Attorney General No. 2, 1/16/2014.This opinion has been upheld in five separate decisions by lower courts ruling on challenges to local authority. ° Washington State Liquor Control Board,Initiative 502 Fact Sheet,2014.http://liq.wa.gov/marijuana/fact sheet. FINAL:January 9,2015 5 AWC IMPACTS OF MARIJUANA LEGALIZATION FINAL REPORT Consumer regulations. To purchase marijuana from licensed retailers, a consumer must be at least 21 years of age. Individuals 21 and older may legally possess up to 1 ounce of marijuana, 16 ounces of marijuana-infused product in solid form, and 72 ounces of marijuana-infused product in liquid form. It remains illegal to smoke marijuana in public places. Law enforcement. Possession of amounts of marijuana above the legal limits remains illegal, as does growing or selling marijuana outside of the licensed businesses set up under 1-502. Additionally, driving under the influence (DUI) of marijuana is illegal if the concentration of Tetrahydrocannabinol (THC) in a driver's blood is higher than the limit defined in 1-502. Officers may conduct field sobriety tests and, if there is probable cause based on that test,draw blood to test for impairment. A key topic that 1-502 does not address is the existing medical marijuana system in Washington State. This system is described in more detail in Section 2.3 (page 8). Revenue Generation and Distribution 1-502 created a marijuana excise tax of 25% that is charged at each step of the process: from producer to processor, from processor to retailer, and from retailer to consumer. All marijuana excise taxes collected are disbursed by the LCB according to the provisions laid out in 1-502. A driving factor behind the creation of the disbursement allocations was to fund health-related and drug prevention programs that have long-suffered from a lack of state funding. Under the rules, about 80% of tax revenue, after administrative costs, is designated for health-related programs and about 20% is designated for the state's general fund. The disbursement rules are as follows: 1. About$5.7 million of excise tax revenue per year is directed toward the following purposes: Receiving Entity Annual Purpose Amount Liquor Control Board $5,000,000 Administration of 1-502 Department of Social and $500,000 Healthy Youth Survey Health Services(DSHS) $200,000 Cost-benefit analysis University of Washington (UW)Alcohol&Drug $20,000 Web-based public education materials Abuse Institute Source:Initiative 502,2012;BERK,2014. FINAL:January 9,2015 6 AWC IMPACTS OF MARIJUANA LEGALIZATION FINAL REPORT 2. After all of the above listed funds have been disbursed,any remaining revenues are to be disbursed as follows: Proportion of Receiving Entity Remaining Purpose Revenue Washington State Basic Health Plan 50% Support the state's Basic Health Plan Implementation and maintenance of programs DSHS 15% and practices aimed at the prevention or reduction of substance abuse DOH Marijuana education and public health 10% program Health Care Authority 5% Health and dental care, migrant health services, and maternity health care services UW and Washington State Research on the short-and long-term effects of a University 1 ° marijuana use Office of Superintendent of Public Instruction(OSPI) 0.03% Building Bridges programs State general fund 19.07% Discretion of Legislature Source:Initiative 502,2012;BERK,2014. 2.2 Current Status of Implementation Given the local authority to regulate such businesses,cities,towns,and counties in Washington State have taken a variety of approaches to regulating recreational marijuana. There are 281 incorporated cities in the state and according to the Municipal Research Service Center(MRSC):5 • About 45 cities(16%) have enacted regulations prohibiting marijuana businesses from siting within their boundaries. • About 60 cities(21%) have enacted temporary moratoriums,with permanent rules pending additional consideration by council. • The remaining cities (63%)either allow the businesses by default under current zoning,or have specifically stated that marijuana businesses are allowed within certain zones. According to marijuana excise tax records, as of November 2014 there were 75 licensed retailers, 30 licensed producers, and 130 licensed processors, however it is possible that not all of these businesses were operating in that month. The LCB is not currently accepting new applications for licenses, as it wants to assess the market and determine if licensing rules need to be adjusted before reopening the application process. The LCB set a limit of 334 total retail licenses;there are no limits on the number of producers and processors. 5 Municipal Research Service Center."Recreational Marijuana Ordinances across Washington."Available at: http://www.mrsc.org/recreationalmarijuana#table.January 7,2015. FINAL:January 9,2015 7 AWC IMPACTS OF MARIJUANA LEGALIZATION FINAL REPORT 2.3 Medical Marijuana in Washington State Medical marijuana in Washington is in flux, as the implementation of 1-502 has raised many questions Medical Marijuana Legalization History around how the two systems should or should not be integrated. This section describes Washington's In 1998, Washington voters passed Initiative current medical marijuana laws, and some of the key 692 (I 692), the Medical Use of Marijuana challenges and questions raised by its current Act, which provides authorized patients and structure. their designated caregiver a defense against criminal charges related to possessing or Local Regulation of Medical Marijuana using marijuana for medical purposes. The Washington State law allows cities, towns, and initiative set limits on possession amounts counties to adopt zoning and licensing requirements (no more than a 60 day supply) and and business taxes within their jurisdictions for those identified qualifying medical conditions for producing or using medical marijuana. Local which marijuana could be used (e.g., cancer, governments have taken a variety of approaches to glaucoma, HIV or AIDS, seizure disorders, or medical marijuana, including adopting interim or intractable pain). This act, in effect, legalized permanent regulations, moratoria on medical medical marijuana use in the state. marijuana uses, laws prohibiting marijuana, or no Additional legislative action in 2007 and 2010 action. clarified provisions in 1-692 and identified additional medical conditions for which Challenges and Questions medical marijuana could be authorized. The two entirely separate regulatory systems for Washington's medical marijuana laws were medical and recreational marijuana create confusion again amended in 2011 when "collective for consumers and for local jurisdictions attempting to gardens" were authorized, among other implement and regulate marijuana businesses within provisions, allowing cooperative growing of their boundaries. Since the medical marijuana statute marijuana plants by between two and ten does not allow for marijuana retailers, users of medical authorized medical users. marijuana can instead legally join "collective gardens" to cooperatively grow and process medicinal marijuana. Marijuana can be grown and shared by all members of the collective, but cannot be shared with non- members. In many areas,dispensaries have opened. Dispensaries are locations where medical marijuana is delivered and sold.There are many outstanding questions about the legality of medical marijuana dispensaries under current law,and cities have struggled to meaningfully regulate their location and operations. Representatives from many of the cities interviewed are concerned that unregulated medical marijuana interferes with the market for legal, recreational marijuana. Because the product is unregulated, untaxed,and cheaper, it siphons sales from legitimate retailers. In at least two cities, legal recreational retailers have requested regulation of medical marijuana businesses. Additionally,cities expressed concern that medical marijuana is easier for youth to access,as it is available by prescription (and in some cases without a prescription)to anyone 18 and over(versus recreational marijuana available to anyone 21 and over).They also feel that medical marijuana legalization led to an increase in marijuana-related crimes over the past several years, including robberies,violent crime, minor possession,and marijuana-related DUI charges. Because these crimes generally occurred before legal recreational marijuana businesses were operating and after medical marijuana was legalized,the cities believe they can be attributed to the medical marijuana industry. FINAL:January 9,2015 8 AWC IMPACTS OF MARIJUANA LEGALIZATION FINAL REPORT Ongoing Work In December 2013, the LCB, DOH, and DOR submitted recommendations to the legislature regarding medical marijuana access. Recommendations included establishing a patient registry, aligning the production and distribution systems for recreational and medical uses of marijuana, eliminating collective gardens, clarifying access by age levels, and limiting possession amounts. Several bills attempting to regulate medical marijuana were introduced in the 2014 legislative session, but none passed. It is expected that additional legislation will be introduced in the 2015 session related to coordination and integration of the medical and recreational marijuana regulatory structures. 2.4 Other Jurisdictions with Legal Recreational Marijuana Washington is one of four states plus the District of Columbia that has legalized recreational marijuana. Jurisdiction Month and Year of Passage Characteristics Washington November 2012 Created a regulatory system for recreational marijuana that is separate from that for medical marijuana. Colorado November 2012 Streamlined medical and recreational marijuana into one regulated system. Alaska November 2014 Made it legal to manufacture, possess, and sell marijuana paraphernalia. Oregon November 2014 The Oregon Liquor Control Commission is still in the process of defining all rules and regulations to implement this recently-passed measure. Washington, D.C. November 2014 This measure did not create a regulatory system for the recreational marijuana industry.Given the unique relationship between Washington, D.C. and the United States Congress,this initiative has not yet been implemented,and the U.S.Congress may block implementation of Initiative 71 at the federal level. FINAL:January 9,2015 9 AWC IMPACTS OF MARIJUANA LEGALIZATION FINAL REPORT 3.0 REVENUE IMPACTS This section outlines how the sale of recreational marijuana results in revenue impacts to government entities drawing primarily on the experience of Colorado and Washington. Given how recently laws were passed in Alaska and Oregon, neither state could provide information on sales or revenue. 3.1 Literature Review Findings: Revenue Impacts and Trends in Colorado As part of the legalization of recreational marijuana in Colorado,voters imposed a 2.9% recreational and medical marijuana sales tax, a 10% recreational marijuana sales tax, a 15% recreational marijuana excise tax, and recreational/medical marijuana application and license fees. Legal recreational marijuana was made available for purchase in Colorado on January 1, 2014, about seven months ahead of Washington. However, only nine months of revenue data (January to September 2014) is available for recreational marijuana production,processing,and retail sales in Colorado. Because Colorado's revenue data includes both medical and recreational marijuana sales, it is possible to see how the legalization of recreational marijuana is impacting medical marijuana sales over time. However, in Colorado, unlike in Washington, both the medical and recreational marijuana systems are regulated which may, limit the value of this data for comparative purposes. Exhibit 3 shows the overall taxes collected on medical and recreational marijuana, as well as the first and last month's total,and the change in monthly marijuana taxes collected (and by proxy marijuana sales)over the nine month period. Exhibit 3 Tax Revenues Collected on Medical and Recreational Marijuana Sales in Colorado January to September 2014 First Month: Last Month: Increase from January Total for 9- January'14 September'14 to September Month Period Medical Marijuana Taxes $ 1,409,880 $ 1,698,786 20% $ 15,401,173 Sales Tax(2.9%) $ 913,519 $ 908,630 -1% $ 8,296,916 Business Licenses and Fees $ 496,361 $ 790,156 59% $ 7,104,257 Retail Marijuana Taxes $ 2,109,875 $ 5,534,084 162% $ 37,084,783 Sales Tax(2.9%) $ 416,690 $ 886,915 113% $ 6,071,373 Special Sales Tax(10%) $ 1,401,567 $ 2,940,346 110% $ 20,714,585 Excise Tax(15%)* $ 195,318 $ 1,446,105 640% $ 8,293,307 Business Licenses and Fees $ 96,300 $ 260,718 171% $ 2,005,518 Total Marijuana Taxes $ 3,519,755 $ 7,232,870 105% $ 52,485,956 Total Sales Tax $ 2,731,776 $ 4,735,891 73% $ 35,082,874 Total Excise Tax* $ 195,318 $ 1,446,105 640% $ 8,293,307 Business Licenses and Fees $ 592,661 $ 1,050,874 77% $ 9,109,775 Source:Colorado Department of Revenue,2014;BERK,2014. *Due to excise tax collection methods,excise taxes do not necessarily align directly with month to month sales.Sales tax revenues are a better proxy for trends in marijuana sales over time. Overall, monthly taxes collected on marijuana have grown 105% since the first month of sales. Because the regular sales taxes collected on medical and recreational marijuana are proportional to sales overall, this is a reasonable proxy for total marijuana sales, barring large fluctuations in price. FINAL:January 9,2015 10 AWC IMPACTS OF MARIJUANA LEGALIZATION FINAL REPORT Tax revenues from medical marijuana have decreased by about 1% over the nine month sales period, while retail marijuana taxes have increased 113%.As total sales taxes collected have increased on the whole,we know that sales of recreational marijuana have increased overall. It makes sense that the new market for recreational marijuana in Colorado is outpacing medical marijuana. It is more difficult to purchase medical marijuana there, as one must procure and maintain a medical marijuana prescription from a physician to purchase it. Recreational marijuana is available without a doctor's approval. Exhibit 4 shows the relationship between medical and recreational marijuana sales over time in Colorado, as imputed through available sales tax data (sales tax divided by sales tax rate). Exhibit 4 Medical and Recreational Marijuana Sales in Colorado,January to September 2014 $70,000,000 $60,000,000 $50,000,000 30%■ 36%11 41%111 41% ■ 46%111 49%■ 51% ■49% $40,000,000 31%■ ■ ■ ■ ■ ■ ■ ■ $30,000,000 ■ . ■ ■ II ■ $20,000,000 69%111 70% 64%■ 59%■ 59%11 54%■ 51% 49%S 51% $10,000,000 January February March April May June July August September •Medical Marijuana Sales •Retail Marijuana Sales Source:Colorado Department of Revenue,2014;BERK,2014. There are two key insights to be drawn from the comparison of medical to recreational marijuana sales from January to September 2014. • First, overall marijuana sales in Colorado are growing,from almost$46 million in January 2014 to about$62 million in September 2014,an increase of about 35%. • Second, recreational marijuana sales were a growing share of all marijuana sales,while medical marijuana sales were declining as a share of total sales from January to July of 2014.The proportion of sales from each have been relatively stable over the past three months. While a new system can have significant fluctuations and may not be predictive of future trends, the nine months of data provides some insight into what Washington might expect in terms of revenue growth going forward. FINAL:January 9,2015 11 AWC IMPACTS OF MARIJUANA LEGALIZATION FINAL REPORT 3.2 Revenue Impacts in Washington State Overview of Revenues Generated by Recreational Marijuana Recreational marijuana businesses generate most of the same taxes that all businesses generate to the jurisdictions within which they operate. This analysis focuses on the largest revenue Economic Development and sources generated by the industry,which include the following: Tourism The economic development impacts Recreational Marijuana Excise Tax. The new 25% excise tax, as of 1-502 were not analyzed as a well as the imposition of the existing sales and business and potential revenue source for this occupation taxes, and state business licenses and fees, is assessment though the topic came up expected to make taxes on the recreational marijuana industry a in interviews. substantial revenue stream for the state. All licensees are Two cities expressed concern that required to remit their statutorily required excise taxes to the having marijuana businesses will LCB. reduce their ability to attract other businesses to locate nearby.One city Retail Sales Tax. Washington State's 6.5% retail sales tax applies expressed concern that,"There is very to all consumer sales of recreational marijuana and marijuana- high potential for the city's available infused products; wholesale transactions between producers, industrial space to be consumed by processors, and retailers are not taxed. This fee is levied and this industry..." collected by the DOR. Another city pointed to potential Cities, to support their operations, may charge a sales tax of up tourism opportunities while also to 1%. The analysis below focuses only on retail sales tax noting that attracting out-of-state generated by sales of marijuana and marijuana-infused products visitors(and purchases)might increase from retailers to consumers. While producers and processors are the risk of federal law enforcement subject to sales tax on their intervention. J purchases of supplies and equipment, these revenues are likely to be minimal and not significantly different from other types of businesses. Business and Occupation (B&O)Tax. Recreational marijuana producers, processors, and retailors must all remit statewide B&O taxes, however their tax rate varies depending on their classification: • Producers and processors must remit taxes at the manufacturing or wholesaling rate of 0.00484. • Retailors must remit taxes at the retailing rate of 0.00471. While cities are authorized to levy a B&O tax,only about 40 of the 281 cities do so. Business Licenses and Fees. As with other businesses, business licenses and other fees are collected primarily for cost recovery of the resources expended to regulate and authorize the business(i.e.,to pay for the staff who do this work). For this reason,these revenues are expected to be minor,and are excluded from this analysis. Taxes Received by Washington State Exhibit 5 summarizes the growth of some state revenues, particularly retail sales and excise tax, from the recreational marijuana sales over time. Taxes on recreational marijuana were not collected until July 2014. It's important to note that (1)these tax collections represent only five months of implementation (July-November) and (2)given the fast increase in activity month to month,these revenues may not be representative of average annual revenues in future years,which will likely be higher. FINAL:January 9,2015 12 AWC IMPACTS OF MARIJUANA LEGALIZATION FINAL REPORT Exhibit 5 State Tax Collected on Recreational Marijuana Sales in Washington,July to November 2014 First Month: Last Month: Percent Change Over Total for the 5- July'14 Nov.'14 5-Month Period Month Period Total Marijuana Sales $3.4 M $15.7 M = 365% $48.5 M State Retail Sales Tax $0.1 M $0.6 M 332% $1.9 M State Marijuana Excise Tax $0.8 M $3.9 M 365% $12.1 M State Business and Occupation Tax $0.0 M $0.1 M 365% $0.2 M Total State Tax Revenues $1.0 M $4.5 M 360% $14.2 M Total Local Sales Tax $0 $7,869 N/A $193,880 Source:Washington State Department of Revenue,2014;BERK,2014. Note:Marijuana excise tax collections were provided directly from the data.BERK created estimates for retail sales tax and B&0 tax revenue based on total marijuana sales and known tax rates. In the first six months, the recreational marijuana industry in Washington State has grown to over $15 million per month,which results in about$4.5 million in monthly tax revenue. Taxes Received by Cities in Washington State While local governments do not have a dedicated excise tax levied on the marijuana industry, cities are able to levy regular taxes that Recreational Marijuana apply to other businesses, such as the retail sales tax and the B&O Revenues as of November 2014 tax. However, to date, the revenues collected have been orders of magnitude smaller than those collected by the state: thus far the State Revenues: $14,000,000 state has collected $14 million in recreational marijuana related City Revenues: $195,000 revenues,while cities have collected only$195,000 altogether. Retail Sales Tax State law allows cities to levy a basic 0.5%sales tax plus an optional sales tax of up to 0.5%, for a total city tax rate of up to 1.0% for general revenue purposes. All but three cities in Washington levy the full 1.0%. Since revenues are partially shared with counties, cities achieve about 0.84% in tax revenue of each dollar of taxable retail sales within their jurisdiction. Due to data privacy and the small numbers of operators in each city, revenues cannot currently be reported for specific cities. Once additional marijuana retailers are operating,future studies can look at revenues by city. Business and Occupation Tax Only about 40 of the state's 281 incorporated cities levy a B&O tax. City rates range from as low as 0.045%to as high as 0.21% and many cities have structures that exempt businesses with gross revenue below a certain threshold from B&O taxes. Seattle,for example,only charges B&O taxes to businesses with annual taxable gross revenue of greater than$100,000. Due to the variations in tax rates and regulations, and the lack of city-specific reporting available at this time, it is unclear how much cities have earned to-date from B&O taxes. Given the ratio between local sales tax rates and local B&O tax rates, the amount of B&O tax collected is likely significantly lower than the sales tax collections for 2014. FINAL:January 9,2015 13 AWC IMPACTS OF MARIJUANA LEGALIZATION FINAL REPORT 3.3 Recommendations to Refine Future Revenue Analyses Many systems are already in place that accurately track and report marijuana-related revenues at the state level. Interested parties should continue to receive reports from the state DOR and the LCB on total marijuana sales and marijuana excise tax collections. As the industry matures, annual reports can be used to understand growth in marijuana-related revenues over time. Impact of Local Prohibition and Moratoriums When local jurisdictions ban marijuana businesses it reduces the overall number of businesses in the state,as retail locations are capped by county.This reduced the overall revenue potential for the state. While the decision of whether to allocated marijuana revenue to cities is a policy choice based on multiple factors, encouraging cities to allow businesses could increase legal marijuana sales and state revenues. Some cities feel that a lack of revenue sharing is a disincentive.As one city stated, "If municipalities have to continue to manage this industry without any viable economic return I feel that more and more jurisdictions will be limiting and or banning the I-502's from their respective jurisdictions." However, there are additional metrics that would be useful to track at the state level to increase understanding of what is occurring at the local level: Revenue Potential Data Source Notes/Needed Changes State Marijuana Excise Tax Liquor Control Board Currently available State Retail Sales Tax Department of Revenue Identify sales from marijuana retailers, as there is not currently a NAICS category for marijuana retail businesses State B&O Tax Department of Revenue Identify sales from marijuana retailers, processors,and producers,as there is not currently a NAICS category for marijuana businesses Local Retail Sales Tax Department of Revenue Identify sales from marijuana retailers, as there is not currently a NAICS category for marijuana retail businesses Local B&O Tax Department of Revenue Identify sales from marijuana retailers, processors,and producers,as there is not currently a NAICS category for marijuana businesses FINAL:January 9,2015 1,4 AWC IMPACTS OF MARIJUANA LEGALIZATION FINAL REPORT 4.0 RESOURCE IMPACTS This chapter outlines how recreational marijuana sales results in real and perceived resource impacts (including financial and staffing)to government entities. 4.1 Literature Review Findings Similar to the research on revenue impacts in other jurisdictions, the most relevant literature available at this time relates to Colorado's recent legalization of marijuana. However, given that there is closer integration between the recreational and medical systems in Colorado than in Washington, the studies do not cleanly identify impacts solely from recreational marijuana. Key findings from these studies are summarized below. Except where noted,the impacts are related to both recreational and medical marijuana. Criminal Justice and Public Safety Overall, traffic fatalities in Colorado decreased 14.8% from 2007 to 2012. However, during the same period, traffic fatalities involving operators testing positive for marijuana increased 100%,from 39 in 2007 to 78 in 2012. There was a 16%increase in marijuana-positive DUIs in Colorado between 2011 and 2013.6 However, the analysis does not show if the operators in these fatalities tested positive for only marijuana, or a combination of marijuana and other drugs and/or alcohol. It is also important to note that recreational marijuana did not become legal until 2013, which means that the operators in these statistics could not have legally obtained marijuana through the recreational system, but impacts may still be related to the decriminalization of basic possession and lowered perceptions of risk resulting in increased usage. Public Health Colorado has higher rates of both youth and adult marijuana usage compared to the national average. In 2012, about 10.5% of youth ages 12-17 were considered marijuana users, compared to 7.6% nationally; about 26.8% of adults ages 18-25 were considered marijuana users, compared to 18.9% nationally; and about 7.6%of adults age 26 and over were considered marijuana users,compared to 5.1%nationally.' Again, since recreational marijuana was illegal during the assessment period, it's likely that higher usage rates may be due to cultural differences between Colorado and the rest of the country, and relaxed attitudes toward marijuana usage due to medical marijuana laws. Regulatory Challenges One of the biggest challenges Colorado has faced is the diversion of legally-purchased marijuana to other states. The federal government has identified marijuana crossing state boundaries as a significant risk of state by state legalization, and wants states to minimize these occurrences through regulations (see Federal Government Opinion textbox). In 2013, there were 288 highway seizures of marijuana destined for locations outside of Colorado, compared to 58 in 2008 (a 397% increase). Interceptions of U.S. Mail packages with Colorado marijuana destined for other states also increased significantly over the same time period.' In all cases,it is not known how the marijuana in question was originally obtained. 6 National Highway Transportation Safety Administration,Fatality Analysis Reporting System(FARS),2006-2011,and RMHIDTA 2012. FINAL:January 9,2015 15 AWC IMPACTS OF MARIJUANA LEGALIZATION FINAL REPORT 4.2 Impacts in Washington State This section describes how legalized recreational marijuana 44\ creates impacts by affecting demand for government services. The section focuses primarily on cities and how specific city Federal Government Opinion responsibilities are impacted. The Department of Justice(DOJ) has indicated a willingness to allow Because there is no single reporting agency that can compile Washington and Colorado to take data on impacts in real time, this section describes how their chosen approaches to legal marijuana is impacting a subset of cities, based on stakeholder marijuana. However,since marijuana interviews; identifies likely future impacts to cities; and makes remains illegal at the federal level,the recommendations for how to track and quantify these impacts DOJ has indicated a number of in future studies. concerns,such as: It is still early in the history of legal recreational marijuana and Banking.A question facing marijuana many communities have no data on impacts related to businesses is the legality of placing recreational marijuana legalization. Three of ten cities revenue earned from marijuana in banks and having banks process credit interviewed for this assessment did not have recreational card transactions.This forces most marijuana businesses operating at the time of the interviews. marijuana businesses to deal in cash, which creates logistic and security Overview of Likely Impacts challenges. Based on research into the impacts in other states as well as Diversion.The DOJ has stated that concerns heard from the ten cities interviewed as part of this states with legal marijuana must assessment, impacts to cities will primarily fall into the following control diversion of the product to three categories. other states and countries.This is one of the DOJ's primary concerns,and Criminal Justice and Public Safety. Cities either have their own the federal government may restrict police departments or contract for law enforcement services legal systems if diversion is shown to with their county or a neighboring city. Therefore, changes in be a significant issue. demand for police services could have financial impacts to cities. These changes may be positive or negative, as legalization could reduce arrest and incarceration rates. Public Health. While counties have constitutional responsibility for public health provision in Washington State, cities are often involved either tangentially, by doing some of their own education work,or through partnerships with their counties to hel p fund public health activities. Public health activities related to marijuana usage include understanding how to reduce usage rates of adults and youth to mitigate negative health impacts. Code Enforcement and Business Regulation. 1-502 included detailed descriptions of zoning and land use requirements for marijuana businesses, including buffer zones around areas likely to be frequented by children such as schools and parks. Cities enforce these requirements and their own building and fire codes for businesses in their jurisdictions. Cities employ permitting staff, land use planners, and code enforcement staff that may all be impacted by this new business activity. Criminal Justice and Public Safety Most cities interviewed stated that they have not yet experienced measurable criminal justice or law enforcement impacts from recreational marijuana, but have highlighted a number of concerns based on experiences elsewhere, experiences with medical marijuana, anecdotal events that have occurred within their jurisdictions,and specific provisions of the law. FINAL:January 9,2015 16 AWC IMPACTS OF MARIJUANA LEGALIZATION FINAL REPORT Impaired Driving One of the largest areas of concern is increased rates of impaired driving due to increased access to marijuana. There is some indication that marijuana-impaired driving fatalities have increased in Colorado as marijuana usage increased,so it is important to track and understand this risk. The Washington State Toxicology Laboratory tracks the number of total driving cases that test positive for THC (which indicates active marijuana usage) as well as carboxy-THC (which indicates marijuana use within recent days of weeks). From 2009 to 2013, cases where active THC was present in drivers tested increased from about 875 to about 1,360.'About half of these instances in 2013 had levels that would meet the state's threshold for a drugged-driving conviction. However, an important caveat for this increase is that in January 2013,the Lab began testing nearly all impaired driving blood samples for both drugs and alcohol. Previously, drug tests weren't usually done if the alcohol test showed a blood-alcohol level higher than 0.10 percent. This change in methodology has likely resulted in an increase in samples tested for the presence of drugs. One city interviewed stated that their marijuana-related DUI traffic stops have more than doubled since 2012 and include three DUls for minors,of which the youngest driver was 14 years old and carrying six passengers. An additional consideration is the difference between processing 11141\ an alcohol-related DUI and a marijuana related DUI. One city interviewed stated that determining the level of impairment of a Community Concerns marijuana-related DUI compared to an alcohol-related DUI can In cities where 1 502 did not pass, take up to 125%more staff time (approximately 2.5 hours more) there is less support from the public by law enforcement than an alcohol-related DUI stop,depending for allowing marijuana businesses, on the circumstances of the stop and whether a Drug which influences decisions by the Recognition Expert (DRE) evaluates the driver. This means that government. However,neighborhood each stop for suspected marijuana-related DUI takes relatively opposition exists for all cities,even more staff time, and therefore increases the time that an officer those whose voters passed 1-502. is away from his or her regular duties. If there are a significant Many cities stated that there has been number of marijuana-related DUIs, cities may need to adjust neighborhood opposition to specific staffing to ensure adequate patrol coverage. DUIs and other locations for retail businesses,mostly marijuana-related criminal activities pose a significant public due to fear of associated crimes and safety risk to the public. Additionally, they could result in mailability to youth. additional criminal justice costs at all levels of government. Security and Marijuana-related Crime Most cities interviewed expressed concern about the potential for robberies and burglaries at marijuana businesses due to large stores of cash or marijuana products on site. It is difficult for marijuana businesses to open bank accounts due to federal banking laws and to rent off-site storage, as storage site businesses are concerned with the potential crime and legal implications of renting to marijuana businesses. Under the LCB's implementation rules, marijuana businesses are not allowed to have armed security on their premises or while transporting cash or product. One city stated that without a local marijuana processor,the local store employee will have to drive hundreds of miles with large sums of cash to pick up large sums of product. While this concern was expressed, no cities had data available on specific incidents at licensed recreational sites. An interviewee from one city hired extra police officers when retail stores first opened as a precautionary measure. However, he indicated that, in the end,this increase in staff wasn't wholly necessary. 'Washington State Patrol's 2013 Annual Report,December 15,2014. FINAL:January 9,2015 17 AWC IMPACTS OF MARIJUANA LEGALIZATION FINAL REPORT Lack of Clarity for Law Enforcement Some cities communicated that the two regulatory systems (recreational and medical) are not well understood and that more clarity is needed around the systems and how they are going to be enforced, both statewide and locally. One city has enacted ordinances prohibiting dispensaries and collective gardens, but police have not enforced the ban because of a perceived lack of political will and support by the courts. Another city has banned dispensaries and enforced the ban with several arrests at medical marijuana businesses. The Seattle Times noted that King County Prosecutor Dan Satterberg said "medical dispensaries live in a legal"gray" area, and (he) hasn't brought many cases in part because King County juries simply won't convict.8 Enforcement of recreational marijuana laws such as youth possession and maximum possession are impacted by the limited regulation of medical marijuana, confusion between the two regulatory systems, and perceived public attitudes that seem to be accepting of marijuana and in favor of less criminal action related to it. One city stated that public opinion favors less enforcement of recreational marijuana laws and this impacts how the prosecuting attorney views cases. This makes it difficult for the police department to know how much enforcement is needed. Two cities stated that legal recreational businesses have expressed concern about unregulated medical marijuana businesses and have requested more enforcement, which has not been forthcoming for the reasons cited above. Finally, one city noted that state law is unclear regarding private marijuana vaping lounges, thus making it difficult to enforce identification checks to prevent youth access at these facilities. Public Health Potential Impacts on Youth Usage from Marijuana Legalization Most of the concerns around public health raised in the interviews focused on the increased risk of youth using marijuana. Cities are very concerned that legalization has lowered the perception of risk for youth, which may cause more youth to use marijuana At least one city is considering enacting its own law against minor consumption of marijuana,to augment I-502's clear laws on possession. They believe clearer laws would enable better enforcement and prevention of youth consumption. A 2004 study by the American Academy of Pediatrics, entitled Legalization of Marijuana: Potential Impact on Youth, is a meta-analysis of previous studies that found differing conclusions on whether or not decriminalization of marijuana has an impact on youth rates of marijuana use. Some studies found that legalization or decriminalization of marijuana resulted in decreased perception by adolescents of the risk of use, while others found no effect on beliefs and attitudes due to specific marijuana laws. Given this disparity in findings, it would be prudent for the state to track youth rates of marijuana use over time to discern if legalization has an impact on usage.There are currently two surveys in place to track this behavior— the Healthy Youth Survey (HYS) and the Youth Risk Behavior Survey (YRBS); both surveys are administered by the OSPI. In addition to simply asking about usage, the state should ask youth users where they obtained their marijuana,as medical and illegal market marijuana is still prevalent. Depending on each city's financial responsibility for public health, increases in youth usage could have associated costs related to increased need for education, behavior change and treatment programs, and enforcement. Additionally, indirect costs from substance abuse and underage usage, do impact cities via criminal activity and resulting law enforcement intervention. 8 As medical-marijuana advocates howl, no foul by City Attorney Pete Holmes, Jonathan Martin, Seattle Times, January 9, 2015. Available at:http://seattletimes.com/html/opinion/2025417951jonathanmartincolumnmarijuana09xml.html FINAL:January 9,2015 18 AWC IMPACTS OF MARIJUANA LEGALIZATION FINAL REPORT Potential Impacts on Adult Usage from Marijuana Legalization From a public health perspective, minimizing drug and alcohol abuse by adults is an important goal, regardless of whether the use is legal. Not only does long term or frequent use of drugs and alcohol negatively impact adults' long term health, in many cases individual instances of drug use can have acute effect. For instance, one interviewee explained that consumable marijuana can cause over-consumption by adults that must be treated by an emergency room visit. In Colorado, some proxies for unhealthy drug use behavior have been identified and correlated with marijuana legalization. These metrics include a rise in the number of marijuana-addicted users in treatment centers and increases in emergency room admissions related to marijuana exposure. Depending on each city's financial responsibility for public health, increases in use by adults could have associated costs related to additional need for education to counteract lowered perceptions of risk, treatment programs,and enforcement of marijuana use and marijuana-related crimes. Code Enforcement and Business Regulation Land Use and Zoning 1-502 lays out specific requirements for buffer separations between licensed marijuana businesses and areas frequented by youth, such as schools, parks, and recreation centers. It falls to city planning and permitting departments to determine appropriate locations for marijuana businesses in their jurisdictions based on a combination of 1-502 regulations and local zoning rules. Several cities interviewed expressed that it can be very time consuming to determine which sites fall within the 1,000 foot requirement,as not all prohibited uses (such as recreation facilities) are licensed and geocoded for easy identification. Confirming appropriate buffers can therefore require site visits and legal opinions,which are both time consuming and costly. Some of the cities noted that they have received a high volume of calls and email inquiries from potential applicants, developers, and the public related to new marijuana businesses. Some cities received calls from neighbors of potential retail locations, voicing concerns and asking questions. One city stated that its Planning Manager had received 450 inquiries on this issue in the first six months of implementation, significantly higher than for other business types over the same period. This level of activity may be a symptom of how new the industry is and once the industry has been in place for a few years, inquiries could drop down to levels similar to other industries. If they do not, cities should consider changing their business license structure to account for these costs. No city interviewed said that it had hired additional staff to handle the increased activity. It is more likely the case that existing staff spent time on these issues instead of other city needs. Indeed, cities interviewed stated they have spent countless hours on meetings and resources related to discussing appropriate courses of action for regulating this new industry. In some cities, this has resulted in legislation to prohibit marijuana businesses permanently or temporarily, or additional zoning requirements. In all cases, the efforts necessary to make these recommendations took significant staff time. Building Permits There were a variety of responses from interviewees on whether the building inspection, review, and permit process is more burdensome than with other businesses. Some cities described the process as time-consuming due to lack of industry standards and unusual or dangerous materials (such as butane) used in producer and processor operations. One city interviewed spent over 200 hours of staff time on zoning, building, and fire permits for marijuana producer and processor businesses between May and November.This included site visits, investigation of building materials, and significant vetting to ensure building and fire codes were being met. Other cities stated that the reviews were within standard building codes and similar to other industrial uses. Cities differed in their opinions on whether the permit fees cover the cost of the workload to the same extent as FINAL:January 9,2015 19 AWC IMPACTS OF MARIJUANA LEGALIZATION FINAL REPORT for other business applications. One city interviewed has enacted a much higher business license application fee for marijuana businesses ($750 versus between $75 and $570 for other businesses) to cover the higher cost of review and inspection. In addition, one city reported that some businesses did not realize they needed local licenses and/or permits in addition to their license from the LCB. Legal Implications Two of the ten cities interviewed have become involved in lawsuits related to siting marijuana businesses. One suit was brought against the city by an organization that neighbors a new marijuana retail location.The lawsuit came about due to different interpretations of the language in the land use buffer regulations, and what types of land uses can be legally considered youth or recreational facilities, even if they are not licensed as such. Another city was sued by a prospective marijuana retailer,challenging the city's ban on marijuana businesses. Lawsuits like these can have significant financial impacts to cities, especially smaller jurisdictions. If lawsuits become more common, measures to offset costs should be examined, such as coordinated solutions or expert support for evaluating and resolving these legal claims. Other Concerns Unregulated Medical Marijuana All cities interviewed expressed frustration with the lack of state regulation of medical marijuana. The unregulated medical market is seen as attracting crime in some areas; enabling greater access among youth; making it difficult to enforce recreational marijuana possession limits; and creating competition for legal recreational marijuana businesses.Comments from cities include: • There is a disconnect between medical and recreational marijuana.There's no control over how you acquire the note from your doctor for medical marijuana,so from a law enforcement perspective,anyone could have a marijuana card. • The idea that legalizing marijuana would make the associated problems go away is untrue, as long as we allow medical marijuana to continue under the radar. • To have a viable, legal, recreational market,there must be regulation and enforcement of medical marijuana. Two cities described an increase in marijuana-related crimes over the past several years, including robberies, homicide, aggravated assault, minor possession, and marijuana-related impaired driving. Because these crimes occurred primarily when legal recreational marijuana businesses were not operating,the cities believe they can be attributed to medical marijuana businesses. Economic Development As described earlier,two cities expressed concern that new marijuana establishments would impact their ability to attract businesses. One city is worried that available industrial space will be consumed by marijuana producers and processors, harming economic development and employment goals. Another city is concerned that retail marijuana businesses located in a depressed area will hurt the city's redevelopment efforts and the ability to attract new businesses to the area. FINAL:January 9,2015 20 AWC IMPACTS OF MARIJUANA LEGALIZATION FINAL REPORT 4.3 Recommendations to Refine Future Cost Analyses To understand and quantify the resource impacts to cities we need to know the following: 1. Is the legalization of recreational marijuana causing changes in the underlying factors related to criminal justice, public safety, public health, and licensing, permitting and legal activities in cities? 2. Are changes in these factors creating new costs to cities? The table below identifies metrics that could be tracked to better understand the impacts of recreational marijuana legalization on cities. In many cases, the answer to the second question will vary by city based on their cost structures and capacity to manage fluctuations in demand with existing staff. Metric Potential Data Source Notes/Needed Changes Criminal Justice and Public Safety Count and percentage of Washington State Currently available driving arrests confirmed Toxicology Laboratory positive for THC Counts of licensing violations Washington State Liquor Currently available Control Board Arrests for marijuana Washington Association Arrests related to possession of all possession of Sheriffs and Police drugs/narcotics are aggregated; however Chiefs (WASPC) WASPC does track how many of these incidences included the seizure of marijuana. Arrests for public smoking of WASPC Arrests related to public use/smoking marijuana offenses for all drugs/narcotics are aggregated; however WASPC does track how many of these incidences included the seizure of marijuana.9 Crimes targeting marijuana LCB Not currently available, but could be businesses collected by the LCB as part of their ongoing work Public Health Marijuana-related emergency DOH, Comprehensive Currently available room admissions Hospital Abstract Reporting System (CHARS) database Percentage of 6th,8th,and HYS,YRBS Currently available 10th graders using marijuana Marijuana-addicted users in No current agency No official database treatment Code Enforcement and Business Regulation Number of and cost of LCB Currently available permitting and licensing marijuana businesses 9 Tracy Miller,WASPC,January 2015. FINAL:January 9,2015 21 AWC IMPACTS OF MARIJUANA LEGALIZATION FINAL REPORT Metric Potential Data Source Notes/Needed Changes Code Enforcement and Business Regulation Calls for police service at Individual cities Will vary by city marijuana business locations Code violations by marijuana Individual cities Will vary by city businesses For metrics that will vary by city, it may be necessary for a statewide coordinating agency to compile annual reports to understand statewide trends. Based on the interviews related to the current implementation of 1-502 completed for this analysis, there does appear to be an expectation that the legalization of recreational marijuana will have cost and resource impacts on cities. As this assessment was completed early in the history of legal recreational marijuana in Washington State, and because data on impacts is limited, it is difficult to determine the full extent of those impacts. Additional data (both more months of current data and new data) and assessment will be needed to fully assess impacts of recreational marijuana legalization.Tracking the metrics identified above will help with this. There is merit in continuing to investigate this issue to ensure that cities are adequately compensated for any costs incurred as a result of this law.Additionally, cities are important stakeholders in the evolution of marijuana policy in Washington and there is demand for advocacy on their behalf to address the issues (particularly related to formal regulation of medical marijuana)they have identified as most important in this assessment. FINAL:January 9,2015 22 APPENDIX A: STAKEHOLDER INTERVIEW QUESTIONS AWC IMPACTS OF MARIJUANA LEGALIZATION FINAL REPORT I APPENDIX A STAKEHOLDER INTERVIEW QUESTIONS Current Situation 1. Do you have recreational marijuana business operating in your city today? How many and what kinds? 2. Have you enacted any ordinances or regulations related to recreational marijuana businesses in your city, beyond what was enacted by Initiative 502 (I-502)?This may include moratoriums, prohibitions,or other ordinances. 3. What are your local zoning rules for recreational marijuana producers, processors,and retailers?Do these differ from your zoning rules for medical marijuana producers, processors, and retailers? If so, how and why? [Potential data collection:Local zoning rules for both recreational and medical marijuana producers,processors, and retailers;How many recreational marijuana producers,processors, and retailers are in the city;How many medical marijuana producers,processors,and retailers are in the city] Community and Business Reactions 4. What was your community's reaction to recreational marijuana legalization?Is this the same or different from the reaction to medical marijuana legalization? 5. What are your community's concerns about recreational marijuana legalization?Are these the same or different than those related to medical marijuana legalization? Impacts of Legalization on Your City 6. Are you feeling any impacts from recreational marijuana legalization? How about specifically related to: o Criminal justice issues, like law enforcement and public safety? o Public health,for instance youth access? o Code enforcement and business permit/licensing? [Potential data collection:increase in marijuana related crime?Increase in youth access?Increase in code violations related to marijuana?] 7. Have you analyzed potential impacts,fiscal and otherwise,of recreational marijuana legalization in your city? o Have you attempted to quantify the costs of these impacts? o Do the recreational marijuana-specific revenues you generate(for instance,from B&O tax or business permits and licensing)cover those costs? 8. Do you charge any recreational marijuana business or other specific taxes or fees in your City? [Potential data collection:Any studies or analysis of potential/ongoing impacts of recreational marijuana legalization on city] 9. Do you anticipate other impacts of recreational marijuana legalization that you are not already experiencing?If so,what? 10. Is there anything else you want us to know about the impacts of recreational marijuana legalization in your jurisdiction? FINAL:January 9,2015 A-2 APPENDIX B: STAKEHOLDER INTERVIEW SUMMARY AWC IMPACTS OF MARIJUANA LEGALIZATION FINAL REPORT I APPENDIX B STAKEHOLDER INTERVIEW SUMMARY Introduction As part of this assessment to investigate the impacts of recreational marijuana legalization on cities in Washington State, BERK conducted interviews with representatives from ten cities in November and December of 2014. Between one and three representatives participated from each city,generally including the City Manager, Police Chief, City Attorney,and/or Planning Director. Interviews were conducted with representatives from Arlington, Bellingham, Everett, Kennewick, Longview, Seattle,Spokane Valley, Union Gap,Vancouver,and Wenatchee.At the time of the interviews,three of the ten cities did not have any recreational marijuana businesses operating: Kennewick,Wenatchee,and Everett. Kennewick had a ban on recreational marijuana businesses;Wenatchee had just lifted a ban and did not yet have any businesses operating;and Everett did not yet have any businesses operating. Medical Marijuana Most cities interviewed expressed frustration with the lack of state regulation of medical marijuana. Comments on medical marijuana covered the following subjects. Local Regulation and Enforcement Several of the cities interviewed have banned collective gardens and/or dispensaries, but enforcement is uneven. In one city with a ban on dispensaries and collective gardens, police have not enforced the ban because of a perceived lack of political will and support by the courts.Another city with a ban on dispensaries has enforced the ban with several arrests at medical marijuana businesses.Two cities stated that they have not had any attempts to open medical marijuana businesses in their jurisdictions,and thus have no need for enforcement. Criminal Justice and Public Safety Two cities described an increase in marijuana-related crimes over the past several years, including robberies, violent crime, minor possession,and marijuana-related driving under the influence (DUI)charges. Because these crimes generally occurred when recreational marijuana was illegal,the cities believe they can be attributed to medical marijuana. Public Health Many cities expressed concern that medical marijuana is easy for youth to access,which raises public health concerns. Relationship to Recreational Marijuana Several cities stated that unregulated medical marijuana interferes with the market for legal, recreational marijuana. Because the product is unregulated, untaxed,and cheaper, it siphons sales from legitimate retailers. In at least two cities, legal recreational retailers have requested regulation of medical marijuana businesses. Growth One city stated that the number of medical marijuana businesses has increased substantially since passage of I- 502.A lax public attitude toward marijuana from 1-502 passage is believed to contribute to more medical marijuana businesses and customers. FINAL:January 9,2015 B-2 AWC IMPACTS OF MARIJUANA LEGALIZATION FINAL REPORT I APPENDIX B Recreational Marijuana Community Reaction Each city interviewed has had a different community reaction to the legalization of recreational marijuana. In some cities where 1-502 was voted down,there has been less support for allowing local marijuana businesses. In others where the Initiative passed,there is generally more support. Many cities stated that there has been some neighborhood opposition to specific locations for retail businesses, partly due to a fear of associated crime. Many cities stated that there is public concern about youth access to marijuana. In one city there is concern that producer and processor businesses are harming an industrial business area. One city has had public concern over the establishment of a private consumption lounge. Revenue None of the stakeholders interviewed were able to provide information on the amount of revenue generated to their jurisdiction from marijuana businesses.Several cities mentioned that the Department of Revenue does not release revenue information to local jurisdictions if there are less than three businesses,for privacy reasons. All of the cities interviewed have a local sales tax,which would apply to sales at recreational marijuana businesses.Some cities have a local Business and Occupation (B&O)tax. Most cities expected local revenue amounts to be low. One city stated that potential producer and processor businesses have offered to pay higher taxes or fees, but the city is not allowed to institute a B&O tax specific to one type of business.Several cities without B&O tax receive no local tax revenue from producer or processors. One city stated that it enacted a much higher business license application fee for marijuana businesses,to offset expected higher costs of permitting. Resource Impacts to Cities Criminal justice and Public Safety Crime Two cities provided lists of marijuana-related crimes, including robberies, assaults, minor possession,and other incidents. Many of the listed crimes happened when recreational marijuana businesses were not operating,thus the crimes were likely related to medical marijuana. All cities expressed major concern about the potential for robberies and burglaries of cash or marijuana product, but none have had incidents so far. Under federal laws and Liquor Control Board rules,armed security of any type is prohibited at businesses and for transport. Transport must be by business owner or employee. For retail businesses without a processor nearby, long trips to pick up product could create the potential for crime,specifically burglaries,targeting their businesses. Impaired Driving Cities provided different responses about whether DUls related to marijuana have increased. One city interviewed stated that their marijuana DUIs have more than doubled since 2012 and include three DUls for minors, of which the youngest driver was 14 years old with six passengers. Two cities stated that they have not seen a large increase in DUIs for marijuana. One city stated that DUls for marijuana take longer to process because a warrant is required to draw blood. Training At least one city has trained a police patrol officer as a drug enforcement expert.This topic was not specifically asked about in the interview protocol,so there may be other cities that have conducted additional training. FINAL:January 9,2015 B-3 AWC IMPACTS OF MARIJUANA LEGALIZATION FINAL REPORT I APPENDIX B Unclear enforcement Two cities mentioned that the police departments are unsure to what degree to enforce recreational marijuana laws(such as amount of possession) because of public attitudes impacting prosecutors and courts. Additional staffing One city hired extra cops when retail stores first opened,as a precaution.This was a one-time expense. Public Health Youth Access Several cities mentioned concern about the potential for youth using marijuana, but no data is available at this time.One city is considering enacting additional restrictions on minor consumption of recreational marijuana. I- 502 prohibits minor possession, but not consumption(unlike alcohol laws).This city believes stronger laws would enable better enforcement and prevention of youth consumption. Consumables One city noted that an increasing supply of consumables(such as candy),which could lead to over-consumption. This city mentioned one case of an adult going to the emergency room for ingesting too much consumable product. Code Enforcement Reviewing notices: Several cities stated that reviewing Liquor Control Board notices of new license applications requires staff time from multiple departments within a short period of time. Determining the 1,000 foot requirement can also be time-consuming. Planning/Zoning:Two cities stated that the planning department was burdened with a high volume of inquiries. One city stated its planner had received 450 emails and phone calls on this issue from potential applicants and others.Several cities mentioned some concern by neighbors about opening of retail locations. Building permits:There were a variety of responses on whether the building inspection, review,and permit process for marijuana businesses, particularly producers and processors, is a burden on local government.Three cities described the process as very time-consuming,due to unusual materials and a lack of industry standards. One city described spending over 200 hours of staff time for permits. These were primarily for producer and processor businesses. Other cities stated that these businesses are similar to other industrial uses and there was no additional burden to enforce codes.One city expressed particular concern for the storing and use of chemicals such as butane by marijuana processors. Cities differed on whether applicant permit fees covered the cost of the workload to the same extent as other business types. One city has enacted a much higher business license fee for marijuana businesses due to perceived higher costs. Business attitude toward local permits:One city that has banned recreational marijuana stated that a local business has announced its intention to open despite the ban,without a business license or building inspection. Another city stated that some businesses did not realize they needed local permits and opened for business before complying with local regulations. Other Impacts Lawsuits:Two cities stated that they are involved in lawsuits over marijuana stores. One city is being sued by a neighbor of a retail marijuana business over interpretation of the required land use buffer.Another city was sued by a prospective marijuana retailer,challenging the city's ban on marijuana businesses. One city stated that the lawsuit was a substantial expense, including the city attorney and outside counsel. FINAL:January 9,2015 B-4 AWC IMPACTS OF MARIJUANA LEGALIZATION FINAL REPORT I APPENDIX B Economic development:Two cities raised concerns about the impact of marijuana businesses on economic development. One is concerned about the impact of producer and processor businesses on its industrial area, including its bid to attract Manufacturing Industrial Center status which requires a higher employee density than is typical of marijuana businesses.Another city has several retail businesses in an area slated for redevelopment, and is concerned that marijuana retail stores may make it harder to attract other businesses to the area. Potential Metrics to Track Cities suggested the following metrics to track to follow the impacts of recreational marijuana: • Marijuana-related DUIs • Arrests for public smoking • Emergency room admissions • Utilization of marijuana as a tourism-generator • Youth marijuana use • Number of medical marijuana cards and business licenses • Crime, nuisance complaints,and fire code violations for producers and processors. FINAL:January 9,2015 B-5 HOUSE BILLS: o Marijuana, medical use, lawful and unlawful acts: HB 1020 o Marijuana, misdemeanor convictions,vacation of: HB 1041 o Marijuana, recreational,excise tax revenues, disbursement: HB 1165 o Marijuana, impaired driving provisions, modifications: HB 1276 o Marijuana, recreational,excise tax rate increases and seller remittance: HB 1334 o Marijuana, recreational businesses, buffer between other entities: HB 1335 o Marijuana,acquisition by adults, standards and procedures for: HB 1359 o Marijuana,opening package of or consuming in public, prohibitions: HB 1360 o Marijuana,consumption, informational material concerning,funding with donations: HB 1361 o Marijuana, recreational businesses,exemption from 1,000 foot restriction,when: HB 1411 o Marijuana, recreational businesses, prohibiting by ordinance and voter approval,conditions, excise tax revenues, cities prohibiting businesses to receive no revenues: HB 1412 o Marijuana, recreational businesses, buffer between other entities: HB 1413 o Marijuana, recreational,excise tax, exempting producers for certain sales: HB 1414 o Marijuana, illegal production,enforcement through eradication: HB 1418 o Marijuana, recreational businesses, requiring public vote for local prohibition: HB 1438 o Marijuana, regulatory provisions: HB 1461 o Marijuana, comprehensive tax reform: HB 2008 SENATE BILLS: o Marijuana and related substances, in motor vehicle,traffic infractions involving:SB 5002 o Marijuana, recreational,excise tax rate increases and seller remittance:SB 5003 o Marijuana, common carrier transportation of, rules for licensing:SB 5051 o Marijuana, medical use, provisions:SB 5052 o Marijuana, research license, establishing:SB 5121 o Marijuana, producers and processors, restricting to non-rural and non-residential areas:SB 5130 o Marijuana, recreational,excise tax revenues, disbursement for sub. abuse programs:SB 5245 o Marijuana, medical use, adding posttraumatic stress disorder to qualifying conditions:SB 5379 o Marijuana, concerning marijuana products in public:SB 5398 o Marijuana, consumption, informational material concerning,funding with donations:SB 5401 o Marijuana,ensuring safe, responsible,and legal acquisition by adults:SB 5402 o Marijuana, recreational businesses, licensing of, excise tax and revenues, provisions:SB 5417 o Marijuana, recreational businesses,siting of: SB 5450 o Marijuana, misdemeanor convictions,vacations of:SB 5461 o Marijuana, recreational,excise taxation, single point of sales:SB 5467 o Cannabis, health and beauty aids, not subject to marijuana regulation:SB 5493 o Marijuana, medical and recreational, comprehensive marijuana reform act: SB 5519 o Marijuana, recreational businesses, licensing of: SB 5572 *List updated on 2-9-15. COUNCIL MEETING DATE: October 21,2014 ITEM#: �? 61') CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL 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 (1 City Council Business n Resolution ❑ Other STAFF REPORT BY: Stacey Welsh,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 business within the city limits expressed in the Draft Ordinance. MAYOR APPROVAL: I M � D D RECTOR APPROVAL: rs±- Commi e .uncil nitial CHIEF OF STAFF: .4,,, I•• i�'� Cou ,c COMMITTEE RECOMMENDATI• : I move to forward the proposed ordinance to First Reading and Enactment on October 21, 2014.1,+-4 (i[,6 60,00_,L, to site- l o Q(a.Pet r1-, a-o 01/ tv 1 i� rift &, t Lim Gt5 — nflec,t eaL, irnartd- vla • Bob Celski, Chair Kelly aloney, Member > i is Assefa-D.at son, ember PROPOSED COUNCIL MOTION(S): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ~' y❑ DENIED 1ST 1ST reading JLb• TABLED/DEFERRE I 0 ACTION �d 1 10/24111-f Enactment reading MOVED TO SECOND ' 1 l G(ordinaAces only) ORDINANCE# REVISED-08/12/2010 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: September 24,2014 TO: Land Use and Transpo tion Committee VIA: Jim Ferrell,Mayor „,, di/ cad FROM: Janet Shull, Senior anner0/ SUBJECT: Marijuana Related Businesses 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 (FWRC) 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 III). 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 1 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 1 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: 1. Recommend adoption of the Planning Commission's recommendations as shown in the Draft Ordinance; 2. Recommend adoption of the Planning Commission's recommendation as further amended by the LUTC; or 3. 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 (1-502), 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 I-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 1 of 3 Rev 1/10 LU 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._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 Ordinance No. 14- Page 2 of 3 Rev I/O f 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 21s`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 t/10 LU 4411411011411kkawe 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 I-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: o Displaying marijuana or marijuana products so they are visible from the public right-of-way; o Selling anything other than marijuana, marijuana-infused products, and paraphernalia. • Prohibits, for all recreational marijuana facilities,the following activities: o Advertising, in any medium,within 1,000 feet of any school, playground, recreation center, child care center, public park,transit center, library, or arcade. o 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 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 1-502 to date. Staff reviewed the table available online at http liw_v,‘N.inrsc.oi' /sub_jectsilegal/502!recmarijuana_asps 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.ght.mrsc.ortY12014/01/16/state- attorne‘-general sat s-cities-and-counties-can-ban_recreational-marijuana-uses/).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 Regulation 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: 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. • 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 marijuana-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 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 marijuana-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 marijuana-related businesses. Staff recommends adopting the following new definitions from RCW 69.50.101 as follows: "Marijuana"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. "Marijuana 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. "Marijuana retailer"means a facility licensed by the State Liquor Control Board where useable marijuana and marijuana-infused products may be sold at retail. "Marijuana-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 marijuana outlet"means a location licensed by the State Liquor Control Board for the retail sale of usable marijuana and marijuana-infused products. "Usable marijuana"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. < . -yy 1- .. 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F_1, ,. >> i� A ~Jr S349ST 11 ' See` at 932.52 v c � s2+332 f f y� ryrsT i 33a` 87 ...r `4 - 1 r Sr ?l $ i `! ss = j sr;sT ts l ...---I'---__., 5.3StiST S 356TH J � � g 4 7 ki w +.,� 33c a. ,,,y T A � SS9r.3T� . , . 3 329887 .51 SI yt ;! 0 L t, 50 3,540 r J Feet rr s3se s'T.. - 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. ' ,1-------1'1 - i s 272ND -; i A ' s :, 0 1,000 2,000 � e , 4 -;.,Y-f- It<: 3: Z; Y Feet Des ,, '�j� ll�loines ! / g7i1- Q./ Rectoicc �Of ,i i ,'a9 'Cl, O O , ,r bi'` -� � . , Z i f _.:.;�___:-- SVZ.88TH_ST_— S 288TH S i .T cz ' O ill _trnt= i tL tt. H i1 �`9.t I` r ` rs�T { S ,; _ t. :99' 308 C \ ', 5 x 4 `, o `M11 i' r g' S310 n'' / ' i'c II ; t ' S 304TH ST $' i cr, *iv -it r 1— _ +: .*11( i; . ill. _: + i 1 t' i 1 � c4 c° U, cr; irj�; Q' al Se 1'_ ,'„k > fit`?i": take ,> FWRC Code Amendments—Marijuana-Related Businesses File 14-102659-00-UP September 17.2014,Planning Commission Public Hearing Page 7 of 10 4. Add a new Chapter 19.280 "Marijuana-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 1-502 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 VI. 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 A— 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) "Manz facturing 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. "Marijuana"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 every compound, manufacture,salt,derivative, mixture,or preparation of the plant, its seeds or resin.The term does not include the major 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. FWRC Code Amendments—Marijuana-Related Businesses. Exhibit A-1 File 14-102659-00-UP September 17.2014,Planning Commission Public Hearing Page 1 of 2 "Marijuana 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. "Marijuana retailer"means a facility licensed by the State Liquor Control Board where useable marijuana and marijuana-infused products may be sold at retail. "Marijuana-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. "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 19.05, 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 14-102659-00-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 marijuana 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: (I)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 marijuana flowers.The term "usable marijuana"does not include marijuana-infused products. "Use"means the activities taking place on property or within structures thereon. Each separate listing under the"Use"column in FWRC 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 I L 44 10.L.. O v O Y O C. a+ — - L CC > 0. y L O y ..1 — L 6Oj .M. M C ti L -as F C O Y a. •CC L C i 4 > L . y O CC L O U .. 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E o v a �I c 11101.1 V 4. = w LL,CU 2 E 1■4 i : Z az!S tor[ P n TT N O K N 4 L C • C° y, U • . a= ssaod aanag .-Z � Z y cct i a pan g E E W _ -. nono Ln © = E; L L L L L N y _, y J 90 ^1 r a CJ K K L a N t L .= o a .4 .EI C.) v U Exhibit D PROPOSED NEW SECTION FWRC Chapter 19.280, Marijuana-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 Security requirements. 19.280.010 Purpose. The purpose of this chapter is to minimize the impacts of marijuana-related businesses on surrounding properties and ensure public safety while providing for appropriate siting of marijuana- related businesses licensed in accordance with state law. 19.280.020 Applicability. This chapter establishes special regulations that govern marijuana-related businesses.Marijuana- related businesses uses include marijuana processor,marijuana producer,and marijuana retailer as defined in FWRC 19.05.Marijuana-related businesses do not include medical marijuana collective gardens or medical marijuana dispensaries as regulated under Chapter 69.51A RCW. 19.280.030 General requirements. Marijuana-related businesses shall: 1.Be entirely within a secure,fully-enclosed structure with rigid walls, a roof, and doors.The structure shall comply with the City of Federal Way building codes and any other applicable codes; 2. Shall not operate as an accessory to a primary use or as a home occupation; 3.Not be established or conducted in a building that includes a residential use; 4.Be operated by persons or entities holding a valid marijuana license from the Washington State Liquor Control Board issued under Chapter 314-55 WAC and any other applicable state laws and regulations; 5. Obtain a city business license; 6.Ensure that no horticulture production, processing,or delivery of marijuana shall be visible to the 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 city 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 a 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. Playground; 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)and over. The distance shall be measured as the shortest straight line distance from the property line of the licensed premises to the property line of a use listed above, as provided in Chapter 314-55 WAC,as those 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 marijuana-related business after the marijuana-related business is lawfully established, such use shall not benefit from the separation requirements of this subsection. A marijuana-related business is lawfully located under the FWRC if it has located within the city in accordance with the requirements of this section. 19.280.050 Application requirements. An application for a marijuana-related business shall include the following information in addition to 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 copy of the license or a copy of the license application.A development permit shall not be issued for a marijuana-related business unless the applicant is a marijuana licensee. 3. A map drawn to scale showing that the proposed marijuana-related business is at least one thousand(1,000)feet from all uses specified in RCW 69.50.331 and WAC 314-55-050. A survey prepared by a surveyor licensed in the state of Washinigton may be required by the Director. 4.The applicant shall submit a copy of the operating plan required by the Washington State Liquor Control Board as part of the license application. 19.280.060 Signage. All marijuana-related business signage shall comply with the requirements specified in WAC 314-55- 155, as well as FWRC Chapter 19.140, "Signs," as applicable. 19.280.070 Security requirements. A marijuana-related business shall: 1.Have installed, prior to issuance of a certificate of occupancy,an operational security system that is 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 :411111k CITY OF 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 Page I 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 I-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: o Displaying marijuana or marijuana products so they are visible from the public right-of-way; o Selling anything other than marijuana, marijuana-infused products, and paraphernalia. • Prohibits, for all recreational marijuana facilities,the following activities: o Advertising, in any medium, within 1,000 feet of any school, playground, recreation center,child care center,public park, transit center, library, or arcade. o 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 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 http://ww-,w.mrsc.or�tI subjects/teaal;502/recmarijuana.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 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://insiaht.rarsc.org/20 14/0 /I 6i/ tate- attorney-2,eneral-says-cities-and-counties-can-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 Regulation STATUS Ban Moratorium Interim Zoning 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 staffs 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 marijuana-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 marijuana-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-I02659-00-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 1 above. 3. Proposed definitions for marijuana-related businesses. Staff recommends adopting the following new definitions from RCW 69.50.101 as follows: "Marijuana"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. "Marijuana 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. "Marijuana retailer"means a facility licensed by the State Liquor Control Board where useable marijuana and marijuana-infused products may be sold at retail. "Marijuana-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 marijuana outlet"means a location licensed by the State Liquor Control Board for the retail sale of usable marijuana and marijuana-infused products. "Usable marijuana"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 www.liq.wa.gov 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: I-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. FWRC Code Amendments—Marijuana-Related Businesses File 14-102659-00-UP 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.\Planning Commission\2014\Heeling 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 Planning Commission\2014\Meeting Summary 09-17-14.doc 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 Commissioner Carlson—No Vice-Chair Bronson—Yes Commissioner Long—Yes Commissioner Elder—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.The purpose of this briefing is to share the findings from the city's consultant(Environmental Science Associates). He went over the background, explained what critical areas are,and what the critical areas ordinance does. Our consultant found gaps in our existing ordinance: * Provisions regarding unauthorized alterations and enforcement. * Mitigation sequencing steps. * Wetland mitigation ratios for creation, restoration, or enhancement. * Wetland rating system that considers wetland functions and value. * No stream buffer enhancement requirements. * No buffer from geologically hazard area setback. They also found opportunities for change: * Use State Department of Natural Resources stream typing. * Could provide greater flexibility of buffers/setbacks for non-salmon bearing streams. * No gaps or confusion between state and local regulations. * Rely on state's best available science. * Use State Department of Ecology 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.cityoffederalway.com/criticalareas), including a survey, a short video explaining several K\Planning Commission\20l 4\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. K\Planning Commission\2014\Meeting 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 II 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.org). 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'Planning Commissioni2014Vdeeting Summary 08-20-14 doc ATTACHMENT 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 348`h Street and the north end of the Pacific Highway South corridor at South 312`h 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 1- K\Planning Commission\2014`:Yleenng Summary o8-20-14 doc 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,Planning Commission\2O(4\Meeting Summary 03-2U-I4.doc George Garrett, CMA 19124 12th Avenue NW Shoreline,WA 98177 206-792-6857; george•garrett206 @gmail.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. are using marijuana and marijuana-related products every My statement is simple: residents of Federal Way legal channels by which to obtain day despite the ban on legal retail marijuana facilities. Without any le current) ,a marijuana consumer is forced to obtain his or her product on the black market. marijuana Y to allow the legal and highly regulated sale of marijuana and marijuana-related products, By moving forward you remove money move this existing business out of the black market and into a business mporta contributes ybutes tot e you mo in jobs and tax revenues community by generating well-pay g 1 orting illegal activities, locally, nationally and from the underground economy, much of which ends up su pp beyond our borders. Regards, George Garrett, CMA, Managing Member Green Grotto LLC ATTACHMENT 7 COUNCIL MEETING DATE: March 17,2015 ITEM## # CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE:ESTABLISHING A MORATORIUM ON MEDICAL MARIJUANA-RELATED BUSINESSES POLICY QUESTION: Should the City Council establish a moratorium on medical marijuana-related businesses, collective gardens,dispensaries,and other activities involved in the sale,manufacturing,or distribution of medical marijuana within the City? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ® Ordinance I I Public Hearing ❑ City Council Business El Resolution ❑ Other STAFF REPORT BY: Stacey Welsh, Senior Planner DEPT: CD Attachments: Proposed Ordinance establishing a moratorium on medical marijuana related businesses and activities for one year Background: Council adopted a moratorium on both recreational and medical marijuana-related businesses that is set to expire on May 5, 2015. The City does not have regulations that address medical marijuana and will be considering an ordinance tonight to regulate Marijuana related businesses under Initiative 502 (recreational marijuana). The proposed ordinance establishes a one-year moratorium on medical marijuana-related businesses collective gardens, dispensaries,and other activities involved in the sale,manufacture, or distribution of medical marijuana within the City to preserve the status quo in the City as the State Courts and Legislature consider the issue of medical marijuana. The proposed ordinance will take effect on May 6, 2015 to coincide with the expiration of the current moratorium. MAYOR'S RECOMMENDATION:Adopt Ordin e to establish Moratorium MAYOR APPROVAL: N/A 3 �3 S DIRECTOR APPROVAL: �� yos Committee Co il / Initial/Date Initial/Date Initial/Date CHIEF OF STAFF: N/A ,1 M Committee n Initial/Date I tial to COMMITTEE RECOMMENDATION:N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE AND ADOPTION(MARCH 17): "I move approval of the proposed ordinance." (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—1/2015 RESOLUTION# Attachment 1 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, imposing a one year moratorium on medical marijuana-related businesses, collective gardens, dispensaries, and other activities involved in the sale, manufacture, or distribution of medical marijuana; establishing a work group to develop a work plan; and setting a date for a public hearing. WHEREAS, the Legislature passed E2SSB 5073, effective July 22, 2011, that amended the Medical Cannabis Act, Chapter 69.51 A RCW, which allows marijuana to be grown in "collective gardens" 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, the City does not have any land use regulations regarding medical marijuana under E2SSB 5073; and 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, medical marijuana has not been fully addressed by the State Legislature and the City does not have clarity or guidance regarding state regulations related to medical marijuana; and WHEREAS, the State Legislature is currently considering legislation involving medical marijuana; and WHEREAS, in order to address E2SSB and potential State legislation it is anticipated that amendments will need to be made to the City's building, zoning, business, and public safety regulations; and Ordinance No. 15- Page 1 of 5 Rev 1/15 LU WHEREAS, the City is concerned that collective gardens and other medical marijuana- related activities could become established in the City that are inconsistent with or conflict with future regulatory schemes; and WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 authorize the City to adopt moratoria; 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 I-502 within the City; and WHEREAS, on October 21, 2014 the City of Federal Way City Council passed Ordinance No. 14-776 renewing the moratorium imposed by Ordinance No. 13-749 for six months; and WHEREAS, the moratorium imposed by Ordinance No. 14-776 applies to both recreational and medical marijuana related activities; and WHEREAS, the City desires to separately regulate recreational and medical marijuana; and WHEREAS, the City is taking separate action with regard to recreational marijuana under Initiative 502; and WHEREAS, the moratorium imposed by Ordinance No. 14-776 expires on May 5, 2015; and WHEREAS, the City desires for a new moratorium to take effect on May 6, 2015 to coincide with the May 5, 2015 expiration of the moratorium imposed by Ordinance No.14-776; and Ordinance No. 15- Page 2 of 5 Rev 1/15 LU WHEREAS, the Council has determined that it is in the public interest to establish a moratorium to evaluate and, if necessary, enact regulations under E2SSB 5073 and potential State legislation; and WHEREAS, a work group of City staff will develop a work program to analyze potential changes to City zoning regulations that may be necessary to address changes in state law, but needs additional clarity from the State Legislature in order to develop a workable set of recommendations for local land use controls for safe and effective regulation of medical marijuana; and WHEREAS, the City will hold a public hearing on the moratorium within 60 days of its adoption; and WHEREAS, the adoption of this moratorium is exempt from the requirements of a threshold determination under the State Environmental Policy Act; and 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 moratorium is necessary to provide the City with sufficient time to study the potential impacts of E2SSB 5073, court decisions, and potential State legislation. (c) 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 State Law. Ordinance No. 15- Page 3 of 5 Rev 1/15 LU Section 2. Moratorium Established. No medical marijuana-related businesses, collective gardens, dispensaries and other activities involved in the sale, manufacture, or distribution of medical marijuana shall be allowed within the City. The City Clerk shall not accept nor issue medical marijuana related business applications or registrations for the duration of this moratorium. Section 3. Work Plan. A work group consisting of representatives from Community Development, Police, Finance, and the City Attorney's Office is hereby established to evaluate any State legislation regarding medical marijuana and develop draft regulations regarding medical marijuana related uses. This work plan allows City staff, the Planning Commission, and the City Council time to review its development regulations to determine appropriate development standards, and to move any proposed development code changes through established governmental processes. Section 4. Duration of Moratorium. This moratorium shall be in effect for one year from the effective date of this ordinance Section 5. Public Hearing. A public hearing for this moratorium will be held on April 21, 2015, at the regularly scheduled City Council Meeting. Section 6. 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 7. 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 Ordinance No. 15- Page 4 of 5 Rev 1/I5 LU scrivener/clerical errors, references, ordinance numbering, section/subsection numbers, and any references thereto. Section 8. Effective Date. This ordinance shall be effective on May 6, 2015 after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this 17th day of March, 2015. 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. 15- Page 5 of 5 Rev 1/15 LU COUNCIL MEETING DATE: p n r i ` 1,vtS ITEM#: 1 C CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:ORDINANCE: 2015/2016 BIENNIAL BUDGET AMENDMENT/PACC FUND POLICY QUESTION: Should the City Council conduct first hearing of amendment to the 2015/2016 Budget based on the Mayor's Proposed Budget? COMMITTEE: Committee of the Whole MEETING DATE: 02/24/2015 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ade Ariwoola, Finance Director DEPT: Finance Attachments: 2015/2016 Budget Amendment Ordinance and Exhibits A and B. Summary/Background: The Mayor submitted the City's proposed 2015/2016 Budget to the City Council for consideration on October 7, 2014. The City Council held sessions on October 15 and 29, and November 4 and 18 to review and deliberate on the proposed budget. Formal public hearings were held on November 4 and 18 to allow for citizen comment on the Mayor's Proposed Budget. The budget was adopted on December 2,2014. Options Considered: 1. Approve the Amendment to the 2015/2016 Biennial Budget. 2. Deny approval of the Amendment to the 2015/2016 Biennial Budget and provide direction to staff. MAYOR'S RECOMMENDA a N: Option 1-Approve the Amendment to the 2015/2016 Biennial Budget. MAYOR APPROVAL: Wilr ,;t3 pp DIRECTOR APPROVAL: W om•ttee ou it Initial/Date Initial/D. nitial/Date Aff CHIEF OF STAFF: j i `2`i • c Comm.it" Council/ Initia Da Initial P-e COMMITTEE RECOMMENDATION:"I move to forward the proposed ordinance to First Reading at the Marc 0_15." AP I CAO I Committee Chair ommittee Member Committee .tuber PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (MARCH 3, 2015): I move to forward the proposed ordinance to a second reading and enactment on the March 17, 2015 Council meeting. 2ND READING OF ORDINANCE(MARCH 17,2015): "I move approval of the proposed ordinance." Ordinance No. 15- Page 1 of 8 Rev I/10 (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) I n G� o A PROV DN COUNCIL BILL# * �Y W ` ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading _ ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—1/2015 RESOLUTION# Ordinance No. 15- Page 2 of 6 Rev I/10 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to budgets and finance, adopting the Amendment to the 2015/2016 Biennial Budget. WHEREAS, the tax estimates and budget for the City of Federal Way, Washington, for the 2015/2016 fiscal biennium were prepared and filed on October 7, 2014 as provided by Chapters 35A.34 and 84.55 of the Revised Code of Washington; and WHEREAS, the budget was printed for distribution and notice published in the official paper of the City of Federal Way setting the time and place for the hearing on the budget and said notice stating copies of the budget can be obtained online and at the Office of the City Clerk; and WHEREAS, the City Council of the City of Federal Way having held public hearings on November 4 and November 18, 2014, and having considered the public testimony, passed the ordinance approving the budget on December 2, 2014; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. 2015/2016 Biennial Budget. That the budget for the 2015/2016 biennium, attached as Exhibit A, is hereby amended in the amounts and for the purposes shown on the attached Exhibit B ("2015/2016 Amended Budget-1"). Section 2. Administration. The Mayor shall administer the Biennial Budget and in doing so may authorize adjustments to the extent that they are consistent with•the budget approved herein. Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. 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. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this day of March, 2015. 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.: EXHIBIT A 21115/21116:xdupted Budget 2015 2016 Beginning Beginning Ending Fund Fund Fund Balance Revenue Expenditure Fund Balance Revenue Expenditure Balance General Fund $ 12,194,685 $ 41,528,586 $ 42,385,070 $ 11,338,201 $ 42,709,838 $ 45,041,340 $ 9,006,700 Special Revenue Funds: Street 650,000 3,915,336 4,065,336 500,000 3,990,944 3,990,944 500,000 Arterial Street 100,000 1,515,500 1,515,500 100,000 1,515,500 1,515,500 100,000 Utility Tax 2,518,148 9,814,966 10,296,533 2,036,581 9,814,966 10,351,547 1,500,000 Solid Waste/Recycling 183,883 474,717 470,101 188,499 476,717 489,980 175,236 Special Contract/Studies - - - - - - - Hotel/Motel Lodging Tax 245,300 200,300 200,300 245,300 200,300 200,300 245,300 Community Center 1,636,738 2,198,500 2,288,724 1,546,515 2,198,500 2,199,112 1,545,903 Traffic Safety Fund 2,492,758 2,123,643 2,123,643 2,492,758 2,169,882 2,169,882 2,492,758 Real Estate Excise Tax 3,286,857 1,900,000 2,723,773 2,463,084 1,900,000 2,725,123 1,637,961 Utility Tax Proposition 1 1,002,600 2,868,824 2,841,965 1,029,459 2,868,824 2,898,284 1,000,000 Community Development Block Grant 40,715 1,237,072 1,237,072 40,715 1,237,103 1,237,103 40,715 Paths and Trails 14,439 164,000 - 178,439 169,000 - 347,439 Strategic Reserve 3,000,000 - - 3,000,000 - - 3,000,000 Debt Service Fund 39,443 1,838,813 1,039,573 838,683 1,721,538 1.721.538 838,683 Capital Project Funds: Downtown Redevelopment 25,459 - - 25,459 - - 25,459 Municipal Facilities 255 - - 255 - - 255 Parks 993,081 300,000 1,000,000 293,081 300,000 300,000 293,081 Surface Water Management 611,326 3,123,000 3,123,400 610,926 2,110,000 2,110,400 610,526 Transportation 424,675 12,810,000 8,470,000 4,764,675 12,733,000 14,585,000 2,912,675 Capital Project Reserve 480,000 - - 480,000 - - 480,000 Performing Arts and Conference Centel 8,340,000 - 8,340,000 - - - - Enterprise Fund: Surface Water Management 3,968,141 3,850,768 5,254,931 2,563,978 3,930,768 5,597,727 897,019 Dumas Bay Centre 302,859 751,251 1,012,071 42,040 751,251 719,827 73,464 Internal Service Funds: Risk Management 1,949,464 924,443 924,443 1,949,464 924,443 924,443 1,949,464 Information Technology 3,719,348 1,973,706 1,952,457 3,740,597 1,980,780 2,490,246 3,231,131 Mail&Duplication 216,054 128,482 145,001 199,535 128,482 111,369 216,648 Fleet&Equipment 6,456,498 2,187,598 3,081,275 5,562,821 2,017,798 1,824,075 5,756,545 Buildings&Furnishings 1,827,872 524,414 398,354 1,953,932 525,840 399,817 2,079,954 Health Insurance 1,960,179 4,205,220 2,614,999 3,550,400 4,205,220 2,614,999 5,140,621 Unemployment Insurance 1,685,026 224,825 224,825 1,685,026 224.825 224,825 1,685,026 Grand Total All Funds $ 60,365,804 $100,783,964 $107,729,344 $ 53,420,425 $ 100,805,519 $ 106,443,381 $ 47,782,563 Ordinance No. 15- Page 4 of 5 Rev 1/10 EXHIBIT B 2015/2016 Amended Budget 2015 2016 Beginning Beginning Ending Fund Fund Fund Balance Revenue Expenditure Fund Balance Revenue Expenditure Balance General Fund $ 12,662,082 $ 41,706,508 $ 42,956,431 $ 11,412,158 $ 42,709,838 $ 45,041,340 $ 9,080,656 Special Revenue Funds: Street 602,023 4,204,863 4,306,886 500,001 3,990,944 3,990,944 500,001 Arterial Street 308,705 1,515,500 1,724,205 100,000 1,515,500 1,515,500 100,000 Utility Tax 2,710,594 9,814,966 10,434,946 2,090,614 9,814,966 10,351,547 1,554,033 Solid Waste/Recycling 204,135 474,717 500,101 178,751 476,717 489,980 165,488 Special Contract/Studies 435,062 - 189,290 245,772 - - 245,772 Hotel/Motel Lodging Tax 400,296 200,300 355,296 245,300 200,300 200,300 245,300 Community Center 1,573,469 2,215,254 2,288,724 1,500,000 2,198,500 2,199,112 1,499,388 Traffic Safety Fund 3,500,515 2,123,643 2,708,977 2,915,181 2,169,882 2,169,882 2,915,181 Real Estate Excise Tax 3,550,864 1,900,000 2,723,773 2,727,091 1,900,000 2,725,123 1,901,968 Utility Tax Proposition 1 834,603 2,868,824 2,841,965 861,462 2,868,824 2,898,284 832,002 Federal Way Performing Arts Center - 10,000 10,000 - - - - Community Development Block Grant 48,926 1,237,072 1,237,072 48,926 1,237,103 1,237,103 48,926 Paths and Trails 196,664 164,000 - 360,664 169,000 - 529,664 Strategic Reserve 3,382,044 - 227,348 3,154,696 - - 3,154,696 Debt Service Fund 73,486 1,838,813 1,039,573 872,726 1,721,538 1,721,538 872,726 Capital Project Funds: Downtown Redevelopment 333,060 227,348 537,604 22,804 - - 22,804 Municipal Facilities 199,943 100,000 154,462 145,481 - - 145,481 Parks 4,713,424 300,000 4,898,408 115,016 300,000 300,000 115,016 Surface Water Management 2,511,316 3,123,000 5,085,058 549,258 2,110,000 2,110,400 548,858 Transportation 8,211,839 14,632,655 16,362,867 6,481,627 12,733,000 14,585,000 4,629,627 Capital Project Reserve 480,167 - - 480,167 - - 480,167 Performing Arts and Conference Center 8,383,571 1,310,256 9,693,827 (0) - - (0) Enterprise Fund: Surface Water Management 4,491,216 3,867,876 5,340,547 3,018,545 3,930,768 5,597,727 1,351,586 Dumas Bay Centre 181,201 872,910 1,012,071 42,040 751,251 719,827 73,464 Internal Service Funds: Risk Management 1,346,299 924,443 936,716 1,334,026 924,443 924,443 1,334,026 Information Technology 3,939,001 1,973,706 2,430,020 3,482,687 1,980,780 2,490,246 2,973,221 Mail&Duplication 218,850 128,482 160,001 187,331 128,482 111,369 204,444 Fleet&Equipment 6,463,398 2,199,871 3,155,707 5,507,562 2,017,798 1,824,075 5,701,285 Buildings&Furnishings 1,825,372 524,414 398,354 1,951,431 525,840 399,817 2,077,454 Health Insurance 1,031,753 4,205,220 3,199,999 2,036,974 4,205,220 2,614,999 3,627,195 Unemployment Insurance 1,912,291 224,825 224,825 1,912,291 224,825 224,825 1,912,291 Grand Total All Funds $ 76,726,461 $ 104,889,466 $ 127,135,052 $ 54,480,876 $ 100,805,519 $ 106,443,381 $ 48,843,014