Loading...
HomeMy WebLinkAboutCOW 2014-05-12 Item 5A - Ordinance - Moratorium on Medical Marijuana Collective GardensCOUNCIL AGENDA S YNOPSIS Mealdsade Prepared by Mayor view Council review 05/12/14 SM ' CATR( )Ry Discussion 05/19/14 SM Resolution ligDale I 04 Ordinance Bid/iward Aft Date Public Hearing _ Other AkgDale Mtg Date Alt,g Date 05/19/14 Mg Date 5/12/14 SPONSOR Council Mayon _ HR Z DCD Finance Fire _ IT _ P&R Police _ P1V SPONSOR'S Renewal of Moratorium on Medical Cannabis Collective Gardens and Dispensaries. SUMMARY ITEM INFORMATION ITEM NO. 4& 5.A. 3 STA 11: SPONSOR: STACY MACGREGOR ORIGINAL GINDA DATE,: 05/12/14 A ;N,N[").\ IMINI TITIE Zoning Code amendment-Medical Marijuana CATR( )Ry Discussion 05/12/14 _ Motion At Dale Resolution ligDale I 04 Ordinance Bid/iward Aft Date Public Hearing _ Other AkgDale Mtg Date Alt,g Date 05/19/14 Mg Date 5/12/14 SPONSOR Council Mayon _ HR Z DCD Finance Fire _ IT _ P&R Police _ P1V SPONSOR'S Renewal of Moratorium on Medical Cannabis Collective Gardens and Dispensaries. SUMMARY RINII,AVII ) 13'iBY 2 Mtg. Utilities Corte DATE: 04/15/14 CA&P Corte - ,S Corte 11 Transportation Corte Parks Comm. Planning Comm. COMMEITEE CI-LAIR: DUFFIE Arts Comm. RECOMMENDATIONS: SPoNsoR/ADmiN. Commniu Department of Community Development Unanimous Approval; Forward to Committee of he Whole COST IMPACT / FUND SOURCE EXIT1\11)1'11110%1 FoUlltrD AMOUNT BUDGETED APPROPRIATION REQUIRED 0 so $0 Fund Source: N/A ComMents: n/a MTG. DATE RECORD OF COUNCIL ACTION 05/12/14 MTG. DATE ATTACHMENTS 05/12/14 Informational Memorandum dated 04/02/14 Draft Ordinance renewing the moratorium Ordinance No. 2404 Ordinance No. 2350 Minutes form the Community Affairs and Parks Committee meeting of 4/15/14 05/19/14 3 4 TO: of City of yukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks FROM: Jack Pace, Department of Community Development Director BY: Stacy MacGregor, Assistant Planner DATE: April 2, 2014 SUBJECT: Renewal of Moratorium on Medical Cannabis Collective Gardens and Dispensaries ISSUE ShouJd the City renew a moratorium on medical cannabis collective gardens and dispensaries? BACKGROUND In 2011. the Washington State legislature passed ESSB 5073. codified as RCW 69.51A\ creating rules regarding medical cannabis patients, collective gonjens, and medical cannabis dispensaries. The Governor vetoed portions of the bill. The partial veto created conflicts in the remaining portions of the bill but the general assumption is that dispensaries are prohibited by the veto but "qualifying patients" can participate in "collective gardens". The bill does allow Iocal jurisdictions to adopt and enforce requirements for zoning, business |icensinQ, health and safety and business taxes related to the "production, processing, or dispensing of cannabis and cannabis products within their jurisdiction." (RCW 69.51A.130) On August 15, 2011, the City Council enacted Ordinance No. 2348 placing a moratorium on cannabis collective gardens and dispensaries with the expectation that the state would provide clarification on the statutes and the conflicts created by the partial veto. Ordinance 2350 was adopted as findings. On August 6, 2012 and August 5, 2013 the City Council enacted City Council Ordinances No.2379 and 2404, which each renewed the moratorium on medical cannabis collective gardens and dispensaries. The established moratorium is set to expire at midnight on May 31, 2014. The moratorium was extended each time based on the expectation that the State legislature would be revising or adopting new rules regarding the regulation of medical cannabis. Neither new rules nor revised rules have been adopted by the Washington State Legislature. DISCUSSION The Federal Government's Controlled Substances Act (CSA) prohibits the possession and distribution of ma 'uana for any purpose. In March, 2014' U.G. District Attorney Jenny Durkin issued a statement that all medical cannabis dispensaries are illegal but the Federal Department of Justice will not focus resources on individuals that are in 'clear and unambiguous compliance with existing state laws." This follows US Deputy Attorney General's statement 6 INFORMATIONAL MEMO Page 2 before the US Senate in September, 2013 that the Governor of Washington is expected to "implement a strong and effective regulatory and enforcement system to fully protect against the public health and safety harms..." (see Attachment A). The State of Washington is developing a clearly regulated system for recreational marijuana but the State has yet to create laws that provide clear or unambiguous rules for medical marijuana use, production, or sale. Medical cannabis dispensaries and collective gardens remain illegal under federal law and are not subject to a State regulatory system that the Department of Justice (DOJ) has indicated is necessary to avoid DOJ scrutiny. The expectation remains that the future for medical cannabis in Washington State will involve either merging the medical cannabis and recreational marijuana uses into a combined regulatory system or establishing an independent regulatory system for medical cannabis. The current system with strict regulations on recreational marijuana and essentially no regulation on medical cannabis is untenable. As the recreational marijuana regulatory system matures, the impacts of marijuana production, processing, and retail sales will be better understood and rulemaking for medical marijuana uses can be informed by those impacts. At this time, the Washington State Liquor Control Board has yet to issue any licenses for recreational marijuana producers, processors, or retailers within the City of Tukwila so any potential impacts are not yet understood. If and when the Federal Government changes the legal status of marijuana and/or if the State of Washington develops a regulatory system for medical marijuana that satisfies the DOJ, the City of Tukwila can choose to adopt zoning code regulations regarding medical cannabis collective gardens in the City of Tukwila. The expectation remains that the State Legislature will adopt regulations regarding medical cannabis in the next legislative session. At this time, allowing medical cannabis in the City would have the City preempting Federal law. FINANCIAL IMPACT None RECOMMENDATION The Committee is being asked to forward the ordinance to the May 12, 2014 Committee of the Whole meeting and subsequent May 19, 2014 Regular Meeting. ATTACHMENTS • Draft Ordinance • Ordinance 2404 (to be repealed) • Ordinance 2350 (to adopt as findings) DOlAgendaBusinesslOrdinances For ReviewI2014 Ordinances\2014 Medical Marijuana Moratorium renewallInfoMemoMedical MIdoc CRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A MORATORIUM WITHIN THE CITY OF TUKWILA ON THE ESTABLISHMENT, LOCATION, OPERATION, LICENSING, MAINTENANCE OR CONTINUATION OF MEDICAL CANNABIS COLLECTIVE GARDENS OR DISPENSARIES, ASSERTED TO BE AUTHORIZED OR ACTUALLY AUTHORIZED UNDER E2SSB 5073, CHAPTER 181, LAWS OF 2011, CHAPTER 69.51A REVISED CODE OF WASHINGTON, OR ANY OTHER LAWS OF THE STATE OF WASHINGTON; REPEALING ORDINANCE NO. 2404; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has the authority to adopt a moratorium pursuant to RCW 35A.63.220; and WHEREAS, on August 15, 2011, the Tukwila City Council adopted Ordinance No. 2348, which declared an emergency necessitating the immediate imposition of a moratorium on the establishment, location, operation, licensing, maintenance or continuation of medical cannabis collective gardens or dispensaries, asserted to be authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised Code of Washington, or any other laws of the State of Washington; and WHEREAS, on October 3, 2011, the Tukwila City Council conducted a public hearing and heard testimony regarding the City's moratorium, and following the public hearing the City Council adopted Ordinance No. 2350, which adopted findings of fact to justify the moratorium adopted by Ordinance No. 2348; and WHEREAS, on August 6, 2012 the Tukwila City Council adopted Ordinance No. 2379, renewing the 12 -month moratorium on medical cannabis collective gardens or dispensaries because it was believed that the Washington State Legislature would address the subject during the 2012 Legislative Session; and WHEREAS, on August 5, 2013 the Tukwila City Council adopted Ordinance No. 2404, renewing until May 31, 2014 the moratorium on medical cannabis collective gardens or dispensaries because it was believed that the Washington State Legislature would address the subject during the 2014 Legislative Session; and W: Word Processing \Ordinances\Moratorium on marijuana collective gardens- renewed 4 -7 -14 SM:bjs Page 1 of 4 7 WHEREAS, revisions to the medical marijuana rules were not adopted during the 2014 Legislative Session and no clarity regarding state and federal regulations related to the licensing, establishment, maintenance, or continuation of any medical cannabis collective garden is currently available; and WHEREAS, since the enactment of Ordinance Nos. 2348 and 2379, and prior to the enactment of Ordinance No. 2404, Initiative 502 was passed by the voters of the State of Washington, providing a framework under which recreational marijuana producers, processors, and retailers can become licensed by the State of Washington; and WHEREAS, no licenses have been issued by the State of Washington for recreational marijuana producers, processors, or retailers to establish businesses in the City of Tukwila and, therefore, any impact from those uses has not yet been experienced; and WHEREAS, the City has diligently pursued this issue and continues to develop a work program to analyze potential changes to City zoning regulations that may be necessary to address changes in state or federal law, but needs additional clarity from the Washington State Legislature in order to develop a workable set of recommendations for local land use controls for safe and effective regulation of collective gardens in the community; and WHEREAS, the moratorium adopted by Ordinance No. 2404 will expire before the State has rectified the inconsistencies between recreational marijuana and medical cannabis; and WHEREAS, the City deems it in the public interest to renew the moratorium continued by Ordinance No. 2404 until a period of one year in order to investigate this issue further, allow for the passage of State regulations or lifting of Federal prohibitions, and then to adopt City regulations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Moratorium Renewed. The City hereby renews the moratorium previously imposed on the establishment, location, operation, licensing, maintenance or continuation of medical cannabis collective gardens or dispensaries, asserted to be authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised Code of Washington, or any other laws of the State of Washington. Section 2. Public Hearing. Pursuant to RCW 35A.63.220 and following adequate public notice, a public hearing was held on May 12, 2014 to hear testimony regarding the City's moratorium. W: Word Processing \Ordinances \Moratorium on marijuana collective gardens- renewed 4 -7 -14 SM:bjs 8 Page 2 of 4 Section 3. Duration. The moratorium renewed herein shall be in effect until May 19, 2015, unless extended by the City Council, pursuant to state law. Section 4. Definitions. As used in this ordinance, the following terms have the meanings set forth below: A. "Medical marijuana dispensary" means any business, agency, organization, cooperative, network, consultation operation, or other group or person, no matter how described or defined, including its associated premises and equipment, which has for its purpose or which is used to grow, select, measure, package, label, deliver, sell, or otherwise transfer (for consideration or otherwise) marijuana for medical use. One individual person who is the designated provider for only one qualified patient during any 15 -day period, and who complies with Chapter 69.51A RCW, shall not be deemed a medical marijuana dispensary for the purposes of this moratorium. B. "Medical marijuana collective garden" means a group of qualifying patients that share responsibility for acquiring and supplying the resources required to produce and process marijuana for medical use. Examples of collective garden resources would include, without limitation, the following: property used for a collective garden; or equipment, supplies, and labor necessary to plant, grow and harvest marijuana; marijuana plants, seeds, and cuttings; and equipment, supplies, and labor necessary for proper construction, plumbing, wiring, and ventilation of a garden of marijuana plants. A medical marijuana collective garden shall satisfy the above definition regardless of its formation, ownership, management, or operation as a business, agency, organization, cooperative, network, consultation operation, group, or person. One individual person who is the designated provider for only one qualified patient during any 15 -day period and who complies with Chapter 69.51A RCW, or an individual person who is a qualified patient and who complies with 69.51A RCW, shall not be deemed a medical marijuana collective garden for the purposes of this moratorium. Section 5. No Non - conforming Uses. No use that constitutes or purports to be a medical marijuana dispensary or medical marijuana collective garden as those terms are defined in this ordinance, that was engaged in that activity prior to the enactment of this ordinance shall be deemed to have been a legally established use under the provisions of the Tukwila Municipal Code and that use shall not be entitled to claim legal non - conforming status. Section 6. Adoption of Findings of Fact. The City Council adopts the findings of facts contained in Ordinance No. 2350, by this reference, as well as the "Whereas" clauses contained herein. Section 7. Work Program. The Director of Community Development and /or his /her designee is hereby authorized and directed to address issues related to determining the legality of medical marijuana dispensaries and collective gardens including but not limited to review of the conflict between state and federal law regarding the legality of zoning and licensing of medical marijuana uses under any circumstances and notwithstanding the enactment by the legislature of RCW 69.51A. W: Word Processing \Ordinances \Moratorium on marijuana collective gardens- renewed 4 -7 -14 SM:bjs Page 3 of 4 9 In the event that such uses are ultimately determined to be legal, the work program should also develop appropriate land use regulations pursuant to the newly amended law for review and recommendation for inclusion in the zoning regulations or other provisions of the Tukwila Municipal Code. Further, beyond the extent established by the Washington State Liquor Control Board, the work program should also coordinate medical cannabis rules and regulations with the recreational marijuana rules and regulations established under Initiative 502. The Finance Director and /or his /her designee is hereby authorized and directed to develop appropriate business licensing and other regulations pursuant to the newly amended law for review and recommendation for inclusion in the zoning regulations or other provisions of the Tukwila Municipal Code. Section 8. Repealer. Ordinance No. 2404 is hereby repealed. Section 9. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 10. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 11. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2014. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Moratorium on marijuana collective gardens- renewed 4 -7 -14 SM:bjs 10 Page 4 of 4 City of Tukwila Washington Ordinance No. 110 V AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A MORATORIUM WITHIN THE CITY OF TUKWILA ON THE ESTABLISHMENT, LOCATION, OPERATION, LICENSING, MAINTENANCE OR CONTINUATION OF MEDICAL CANNABIS COLLECTIVE GARDENS OR DISPENSARIES, ASSERTED TO BE AUTHORIZED OR ACTUALLY AUTHORIZED UNDER E2SSB 5073, CHAPTER 181, LAWS OF 2011, CHAPTER 69.51A REVISED CODE OF WASHINGTON, OR ANY OTHER LAWS OF THE STATE OF WASHINGTON; REPEALING ORDINANCE NO. 2379; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has the authority to adopt a moratorium pursuant to RCW 35A.63.220; and WHEREAS, on August 15, 2011, the Tukwila City Council adopted Ordinance No. 2348, which declared an emergency necessitating the immediate imposition of a moratorium on the establishment, location, operation, licensing, maintenance or continuation of medical cannabis collective gardens or dispensaries, asserted to be authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised Code of Washington, or any other laws of the State of Washington; and WHEREAS, on October 3, 2011, the Tukwila City Council conducted a public hearing and heard testimony regarding the City's moratorium, and following the public hearing the City Council adopted Ordinance No. 2350, which adopted findings of fact to justify the moratorium adopted by Ordinance No. 2348; and WHEREAS, on August 6, 2012 the Tukwila City Council adopted Ordinance No. 2379, renewing the 12 -month moratorium on medical cannabis collective gardens or dispensaries because it was believed that the Washington State Legislature would address the subject during the 2012 Legislative Session; and WHEREAS, medical marijuana was not addressed during the 2012 Legislative Session and no clarity regarding state and federal regulations related to the licensing, establishment, maintenance, or continuation of any medical cannabis collective garden is currently available; and W: Word Processing1Ordinances \Moratorium on marijuana collective gardens - renewed 7 -30 -13 SM:bjs Page 1 of 4 11 WHEREAS, since the enactment of Ordinance Nos. 2348 and 2379, Initiative 502 was passed by the voters of the State of Washington, providing a framework under which recreational marijuana producers, processors, and retailers can become licensed by the State of Washington; and WHEREAS, the Washington State Legislature has adopted a budget with language that calls for the Washington State Liquor Control Board to work with the Department of Health and Department of Revenue to develop recommendations regarding the interaction of medical marijuana regulations and the provisions of Initiative 502; and WHEREAS, the Washington State Legislature has called for these recommen- dations to be submitted to the appropriate legislative committees by January 1, 2014; and WHEREAS, the City has diligently pursued this issue and continues to develop a work program to analyze potential changes to City zoning regulations that may be necessary to address changes in state or federal law, but needs additional clarity from the Washington State Legislature in order to develop a workable set of recommendations for local land use controls for safe and effective regulation of collective gardens in the community; and WHEREAS, the moratorium adopted by Ordinance No. 2379 will expire before the State has rectified the inconsistencies between recreational marijuana and medical cannabis; and WHEREAS, the City deems it in the public interest to renew the current moratorium continued by Ordinance No. 2379 until a period at least 60 days after the close of the 2014 Legislative Session in order to investigate this issue further, obtain regulatory clarity and guidance on how to proceed, and then to adopt City regulations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Moratorium Renewed. The City hereby renews the moratorium previously imposed on the establishment, location, operation, licensing, maintenance or continuation of medical cannabis collective gardens or dispensaries, asserted to be authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised Code of Washington, or any other laws of the State of Washington. Section 2. Public Hearing. Pursuant to RCW 35A.63.220 and following adequate public notice, a public hearing was held on July 22, 2013 to hear testimony regarding the City's moratorium. Section 3. Duration. The moratorium renewed herein shall be in effect until May 31, 2014, unless extended by the City Council, pursuant to state law. Section 4. Definitions. As used in this ordinance, the following terms have the meanings set forth below: W: Word Processing \Ordinances\Moratorium on marijuana collective gardens- renewed 7 -30 -13 SM:bjs 12 Page 2 of 4 A. "Medical marijuana dispensary" means any business, agency, organization, cooperative, network, consultation operation, or other group or person, no matter how described or defined, including its associated premises and equipment, which has for its purpose or which is used to grow, select, measure, package, label, deliver, sell, or otherwise transfer (for consideration or otherwise) marijuana for medical use. One individual person who is the designated provider for only one qualified patient during any 15 -day period, and who complies with Chapter 69.51A RCW, shall not be deemed a medical marijuana dispensary for the purposes of this moratorium. B. "Medical marijuana collective garden" means a group of qualifying patients that share responsibility for acquiring and supplying the resources required to produce and process marijuana for medical use. Examples of collective garden resources would include, without limitation, the following: property used for a collective garden; or equipment, supplies, and labor necessary to plant, grow and harvest marijuana; marijuana plants, seeds, and cuttings; and equipment, supplies, and labor necessary for proper construction, plumbing, wiring, and ventilation of a garden of marijuana plants. A medical marijuana collective garden shall satisfy the above definition regardless of its formation, ownership, management, or operation as a business, agency, organization, cooperative, network, consultation operation, group, or person. One individual person who is the designated provider for only one qualified patient during any 15 -day period and who complies with Chapter 69.51A RCW, or an individual person who is a qualified patient and who complies with 69.51A RCW, shall not be deemed a medical marijuana collective garden for the purposes of this moratorium. Section 5. No Non - conforming Uses. No use that constitutes or purports to be a medical marijuana dispensary or medical marijuana collective garden as those terms are defined in this ordinance, that was engaged in that activity prior to the enactment of this ordinance shall be deemed to have been a legally established use under the provisions of the Tukwila Municipal Code and that use shall not be entitled to claim legal non - conforming status. Section 6. Adoption of Findings of Fact. The City Council adopts the findings of facts contained in Ordinance No. 2350, by this reference, as well as the "Whereas" clauses contained herein. Section 7. Work Program. The Director of Community Development and /or his /her designee is hereby authorized and directed to address issues related to determining the legality of medical marijuana dispensaries and collective gardens including but not limited to review of the conflict between state and federal law regarding the legality of zoning and licensing of medical marijuana uses under any circumstances and notwithstanding the enactment by the legislature of RCW 69.51A. In the event that such uses are ultimately determined to be legal, the work program should also develop appropriate land use regulations pursuant to the newly amended law for review and recommendation for inclusion in the zoning regulations or other provisions of the Tukwila Municipal Code. Further, beyond the extent established by the Washington State Liquor Control Board, the work program should also coordinate medical cannabis rules and regulations with the recreational marijuana rules and regulations established under Initiative 502. The Finance Director and /or his /her W: Word Processing \Ordinances'Moratorium on marijuana collective gardens- renewed 7 -30 -13 SM:bjs Page 3 of 4 13 designee is hereby authorized and directed to develop appropriate business licensing and other regulations pursuant to the newly amended law for review and recommendation for inclusion in the zoning regulations or other provisions of the Tukwila Municipal Code. Section 8. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 9. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 10. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this 511 day of u, , 2013. ATTEST /AUTHENTICATED: Christy O'Fla erty, MMC, City ' lerk APPROVED AS TO FORM BY: lL.. helley M. Kerslake, City ttorney Filed with the City Clerk: ' �) - L3 Passed by the City Council: --5--L1 Published: W -g--0 Effective Date: 1 -L� Ordinance Number: t4 O y W: Word Processing \Ordinances\Moratorium on marijuana collective gardens- renewed 7 -30 -13 SM:bjs 14 Page 4 of 4 City of Tukwila Washington Ordinance No. Q3--5 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO THE ESTABLISHMENT, LOCATION, OPERATION, LICENSING, MAINTENANCE OR CONTINUATION OF MEDICAL CANNABIS COLLECTIVE GARDENS OR DISPENSARIES, ASSERTED TO BE AUTHORIZED OR ACTUALLY AUTHORIZED UNDER E2SSB 5073, CHAPTER 181, LAWS OF 2011, CHAPTER 69.51A REVISED CODE OF WASHINGTON, OR ANY OTHER LAWS OF THE STATE OF WASHINGTON; ADOPTING FINDINGS OF FACT TO JUSTIFY THE MORATORIUM ADOPTED BY ORDINANCE NO. 2348; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on August 15, 2011, the Tukwila City Council passed Ordinance No. 2348, which declared an emergency necessitating the immediate imposition of a moratorium on the establishment, location, operation, licensing, maintenance or continuation of medical cannabis collective gardens or dispensaries, asserted to be authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised Code of Washington, or any other laws of the State of Washington; and WHEREAS, pursuant to RCW 35.63.200, RCW 35A.63.220 and RCW 36.70A, the City is required to hold a public hearing within 60 days of adoption of a moratorium and to adopt Findings of Fact; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Adoption of Findings of Fact. The City Council adopts the following Findings of Fact in support of the moratorium adopted by Ordinance No. 2348: 1. The possession or distribution of cannabis (marijuana) has been and continues to be a violation of state law, pursuant to Chapter 69.50 Revised Code of Washington (Washington's Uniform Controlled Substances Act), and federal law, through the Controlled Substances Act ( "CSA "). W: Word Processing \Ordinances\Medical Cannabis Findings of Fact 9 -27 -11 NG:bjs Page 1 of 4 15 2. Initiative Measure No. 692, approved by the voters of Washington State on November 30, 1998, and now codified as Chapter 69.51A RCW, created a limited defense to marijuana charges under state —not federal —law if the person charged could demonstrate that he or she was a qualifying patient or designated provider as those terms are defined in Chapter 69.51A RCW. In 2007, the state legislature amended the law, and in 2011 the state legislature passed a third amendment to the law (E2SSB 5073, Chapter 181, Laws of 2011), portions of which the Governor vetoed. The newly amended law took effect on July 22, 2011. 3. Prior to issuing her partial veto, the Governor received a letter signed by Washington State's two U.S. Attorneys, Michael Ormsby and Jennifer Durkan. In their letter, they wrote that marijuana is a Schedule I controlled substance under federal law and, as such, "growing, distributing and possessing marijuana in any capacity, other than as part of a federally authorized research program, is a violation of federal law regardless of state laws permitting such activities." These U.S. Attorneys also concluded, "state employees who conducted activities mandated by the Washington legislative proposals would not be immune from liability under the CSA ". 4. Because the Governor vetoed 36 of the 58 sections of the Legislature's bill amending Chapter 69.51A RCW, the law, in its final form, understandably has inconsistencies and ambiguities. For example, certain sections that were not vetoed make reference to other sections that were vetoed. 5. The recent amendments to Chapter 69.51A RCW change the scope and effect of the law. New sections affect the rights of qualifying patients and their designated providers. The law now allows "collective gardens" that provide for growing and cultivating up to 45 plants to serve no more than 10 qualifying patients. The law also provides other changes to the rights and responsibilities of medical marijuana patients and their designated providers. 6. The new law, however, clearly delegates to cities the authority to implement zoning requirements, business licensing requirements, health and safety requirements, and business taxes as those requirements and taxes relate to the production, processing, or dispensing of medical marijuana. In particular, local regulations could address ambiguities concerning the location and operation of collective gardens, and ensure that provisions related to designated providers are not used to establish a de facto dispensary when the authority for such uses was vetoed. 7. The City Council requires time to conduct appropriate research to understand the extent of the changes provided in the new law, to analyze impacts and potential liabilities under federal law, and to determine an appropriate regulatory framework for any new uses that are allowed under these laws. 8. The City must ensure that proposed locations for these operations are appropriate and that any potential secondary impacts arising from the operation of these uses or facilities are minimized and mitigated. These secondary impacts may include, W: Word Processing \Ordinances\Medical Cannabis Findings of Fact 9 -27 -11 NG:bjs 16 Page 2 of 4 but are not limited to, burglaries associated with the cash and marijuana maintained on the site, or an increase of other illegal activities, such as drug use, within the vicinity of these dispensaries. 9. In particular, and without limitation, staff should analyze the impacts of allowing these uses and facilities in residential zones as well as impacts arising from the proximity of these uses and facilities to schools, daycares, parks, religious and cultural facilities, jails and courthouses. Accordingly, the City Council finds that a zoning, licensing, and permitting moratorium should be established, pending local review of appropriate locations and design requirements of these operations, and impacts of the newly amended law and its interaction with federal law. 10. City staff has presented a staff report to the City Council that outlines a tentative schedule for examining the impacts associated with collective gardens and dispensaries. Given the complexity of examining the issues associated with collective gardens and dispensaries, the City will need at least one year to complete an in -depth analysis and to complete a public outreach program. 11. The City Council, following public notice, conducted a public hearing regarding the moratorium on October 3, 2011. 12. Although the City Council determines that a moratorium is necessary for the reasons established above, the City Council emphasizes that it understands the needs of persons suffering from debilitating or terminal conditions, as well as the benefits that approved medical use of marijuana may provide these persons. Nevertheless, given the complex legal and regulatory framework surrounding this issue, a moratorium remains necessary until the City Council can adequately address the competing interests at play. 13. The City Council has considered the foregoing facts, materials and testimony. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. W: Word Processing \Ordinances\Medical Cannabis Findings of Fact 9 -27 -11 NG:bjs Page 3 of 4 17 Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCI F THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this r day of Q er0 , 2011. ATTEST /AUTHENTICATED: Christy O'Flah APPROVE 1 CMC, City Cler y BY: M. Kersla Cit Attorney ' Ji aggerton, Filed with the City Clerk: 9-4P-1/ Passed by the City Council: J 0 ---3-- j/ Published: /0 6-- // Effective Date: /0-1/-// Ordinance Number: A35 0 W: Word Processing \Ordinances\Medical Cannabis Findings of Fact 9 -27 -11 NG:bjs 18 Page 4 of 4 Community Affairs & Parks Committee Minutes April 15, 2014 - Page 2 C. Foster Golf Links Marketing Plan Update Staff provided an update on the status of the Foster Golf Links (FGL) Marketing Plan that was originally presented at Committee in November 2013. Strategies in the Marketing Plan were identified as: 1) Retain and strengthen core customers; 2) Engage lapsed golfers; and 3) Attract new customers. Items of note that address these strategies were described as follows: • The Rewards Card program was launched on April 1, and 178 Rewards Cards have already been sold. Councilmember Seal asked what the expectation for sales is, and staff indicated that 600 card sales is realistic, but 1200 is possible. • FGL has created 9 Get Golf Ready (GGR) instructional programs designed to engage new and lapsed golfers. The first classes begin at the end of April. • FGL has developed a Junior Golf Academy through the PGA that will begin in June. • FGL will partner with the Parks youth programs to incorporate golf into their Summer Camps. Lessons will take place at the Community Center. • FGL has purchased a Verti -Drain aerator to begin the Fairway Aeration and Topdressing Program. INFORMATION ONLY. D. Ordinance: Renewing Moratorium on Medical Cannabis Collective Gardens Staff is seeking Council approval of an ordinance that would renew the moratorium on medical cannabis collective gardens and dispensaries through May 19, 2015, which if approved would be the fourth renewal. Staff's position is that it needs additional clarity from the Washington State Legislature before local land use controls can be developed for safe and effective regulation. It is expected that the State will provide that clarity in a future session, either by merging the medical cannabis and recreational marijuana regulations into a combined system, or by establishing a separate regulatory system for medical cannabis. Also of note, on March 31, 2014, the State Court of Appeals ruled that medical marijuana, including participation in collective gardens, is illegal and thereby affirmed the City of Kent's authority to prohibit collective gardens. UNANIMOUS APPROVAL. FORWARD TO MAY 12, 2014 COMMITTEE OF THE WHOLE. E. Briefing on Recreational Marijuana License Applications to the State Staff provided information on the status of licensing for recreational marijuana producers, processors and retailers in the City. As of February 18, the State Liquor Control Board listed 36 producer, processor or retailer applications for locations in Tukwila, representing 22 unique addresses. As of today's date, this list has been reduced to 26. None of these properties meet both state and City regulation. The five proposed locations that are allowed per the zoning the City adopted in September 2013 are within 1,000 feet of Briscoe Park, making them disallowed under State rules. There have been significant delays in the licensing process and the City cannot yet fully assess potential impacts from recreational marijuana uses. INFORMATION ONLY. F. Development Agreement Amendment: 223 Andover Park East with South Center WA, LLC Staff is seeking Council approval of an amendment to an existing development agreement with South Center WA, LLC for the construction of the Washington Place project at 223 Andover Park East. The project plan has undergone some changes since the original development agreement was approved by Council in March 2013, and the application for design review is scheduled to be considered by the Board of Architectural Review (BAR) on May 22, 2014. The project as currently proposed does not meet certain zoning and sign code standards, so City Council approval to amend the development agreement would need to occur for BAR to consider the project. This 19