HomeMy WebLinkAboutCAP 2015-06-22 COMPLETE AGENDA PACKETCity of Tukwila
Community Affairs &
Parks Committee
O Verna Seal, Chair
O Dennis Robertson
O Allan Ekberg
AGENDA
Distribution:
V. Seal
C. O'Flaherty
D. Robertson
R. Turpin
A. Ekberg
L. Humphrey
K. Kruller
J. Hight
Mayor Haggerton
a. Forward to 7/6 Consent
D. Cline
Jerry Hight, Building Official
MONDAY, .TUNE 22, 2015 — 5:30 PM
HAZELNUT CONFERENCE ROOM
(formerly known as CR #3) at east entrance of City Hall
Item
Recommended Action
Page
1. PRESENTATION(S)
2. BUSINESS AGENDA
a. A contract for structural plan review.
a. Forward to 7/6 Consent
Pg.i
Jerry Hight, Building Official
Agenda.
b. A discussion regarding illegal marijuana grow
b. Information only.
Pg.11
operations.
Laurel Humphrey, Council Analyst
3. ANNOUNCEMENTS
4. MISCELLANEOUS
Next Scheduled Meeting: Monday, July 13, 2015
SThe City of Tukwila strives to accommodate those with disabilities.
Please contact the City Clerk's Office at 206 - 433 -1800 (TukwilaCityClerk @TukwilaWA.gov) for assistance.
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton, David Cline
Community Affairs and Parks
FROM: Jack Pace, Director of the Department of Community Development
BY: Jerry E Hight, Building Official
DATE: June 22, 2015
SUBJECT: Contract with Reid Middleton Inc. for structural plan review services
ISSUE
Should council approve a contract for structural plan review services with Reid Middleton Inc. with a not
to exceed amount of $350,000.00 through the 2015/2016 budget? A new contract is needed because
the current contract with Reid Middleton Inc. for $20,000.00 is approaching its limit. The proposed
contract has the same terms as the original contract.
BACKGROUND
Due to the increase in construction activity and larger projects such as Washington Place and the
proposed Northwest Arena it will be necessary to continue to have an outside structural review service.
With this increase in larger projects both the outside structural review costs and structural plan review
fees collected have increased.
DISCUSSION
The current Building Division staff does not have the expertise to review structural engineering
calculations or plans. The building division has previously contracted our structural plan reviews
successfully with Reid Middleton Inc.
FINANCIAL IMPACT
$350,000.00 increase for professional service until the end of the 2015/2016 budget. The budget will be
amended to reflect the increase in outside structural review costs as well as the increase in structural
plan review permit revenue.
RECOMMENDATION
Staff recommends the contract for Reid Middleton Inc. structural plan review services be placed on the
July 6, 2015 Regular Meeting consent agenda for approval.
ATTACHMENTS
Contract for Reid Middleton Inc. structural plan review services.
2
This Agreement is entered into by and between the City of Tukwila, Washington, a non - charter
optional municipal code city hereinafter referred to as "the City," and Reid Middleton Inc., hereinafter
referred to as "the Contractor," whose principal office is located at 728 134th Street SW, Suite 200
Everett, WA 98204
WHEREAS, the City has determined the need to have certain services performed for its citizens
but does not have the manpower or expertise to perform such services; and
WHEREAS, the City desires to have the Contractor perform such services pursuant to certain
terms and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties
hereto agree as follows:
1. Scope and Schedule of Services to be performed by Contractor. The Contractor shall perform
those services described on Exhibit A attached hereto and incorporated herein by this reference as if
fully set forth. In performing such services, the Contractor shall at all times comply with all Federal,
State, and local statutes, rules and ordinances applicable to the performance of such services and the
handling of any funds used in connection therewith. The Contractor shall request and obtain prior
written approval from the City if the scope or schedule is to be modified in any way.
2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered
according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this
reference. The total amount to be paid shall not exceed $350,000.00.
3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the
maximum limits set forth in this Agreement. The Contractor shall request prior approval from the
City whenever the Contractor desires to amend its budget in any way.
4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing
July 6, 2015, and ending December 31, 2016, unless sooner terminated under the provisions
hereinafter specified.
Independent Contractor. Contractor and City agree that Contractor is an independent contractor
with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be
considered to create the relationship of employer and employee between the parties hereto. Neither
Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees
by virtue of the services provided under this Agreement. The City shall not be responsible for
withholding or otherwise deducting federal income tax or social security or contributing to the State
Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the
Contractor, or any employee of the Contractor.
CA Revised 2012 Page 1 of 4
3
6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents,
officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits
including attorney fees, arising out of or in connection with the performance of this Agreement, except
for injuries and damages caused by the sole negligence of the City. Should a court of competent
jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability
for damages arising out of bodily injury to persons or damages to property caused by or resulting from
the concurrent negligence of the Contractor and the City, its officers, officials, employees, and
volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's
negligence. It is further specifically and expressly understood that the indemnification provided herein
constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for
the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The
provisions of this section shall survive the expiration or termination of this Agreement.
7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, their agents, representatives,
employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits
as required herein shall not be construed to limit the liability of the Contractor to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in
equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits
described below:
Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident. Automobile liability insurance shall cover all
owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services
Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence,
$2,000,000 general aggregate and $2,000,000 products - completed operations aggregate limit.
Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01
and shall cover liability arising from premises, operations, independent contractors, products -
completed operations, stop gap liability, personal injury and advertising injury, and liability
assumed under an insured contract. The Commercial General Liability insurance shall be
endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an
equivalent endorsement. There shall be no endorsement or modification of the Commercial
General Liability Insurance for liability arising from explosion, collapse or underground
property damage. The City shall be named as an insured under the Contractor's Commercial
General Liability insurance policy with respect to the work performed for the City using ISO
Additional Insured endorsement CG 20 10 10 01 and Additional Insured - Completed
Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent
coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
CA Revised 1 -2013
El
Page 2 of 4
B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General
Liability insurance policies are to contain, or be endorsed to contain that they shall be primary
insurance with respect to the City. Any insurance, self - insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor's insurance and shall not contribute with
it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A: VII.
D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy
of the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before commencement of
the work.
E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance
coverage and limits required, if any, to be obtained by subcontractors, which determination shall
be made in accordance with reasonable and prudent business practices.
F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this
work with written notice of any policy cancellation, within two business days of their receipt of
such notice.
G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as
required shall constitute a material breach of contract, upon which the City may, after giving five
business days notice to the Contractor to correct the breach, immediately terminate the contract or,
at its discretion, procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion
of the City, offset against funds due the Contractor from the City.
8. Record Keeping and Reporting.
A. The Contractor shall maintain accounts and records, including personnel, property, financial and
programmatic records which sufficiently and properly reflect all direct and indirect costs of any
nature expended and services performed in the performance of this Agreement and other such
records as may be deemed necessary by the City to ensure the performance of this Agreement.
B. These records shall be maintained for a period of seven (7) years after termination hereof unless
permission to destroy them is granted by the office of the archivist in accordance with RCW
Chapter 40.14 and by the City.
9. Audits and Inspections. The records and documents with respect to all matters covered by this
Agreement shall be subject at all times to inspection, review or audit by law during the performance of
this Agreement.
10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor
thirty (30) days written notice of the City's intention to terminate the same. Failure to provide
products on schedule may result in contract termination. If the Contractor's insurance coverage is
canceled for any reason, the City shall have the right to terminate this Agreement immediately.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age,
veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the
presence of any disability in the selection and retention of employees or procurement of materials or
supplies.
CA Revised 1 -2013
Page 3 of 4
5
12. AssiLnment and Subcontract. The Contractor shall not assign or subcontract any portion of the
services contemplated by this Agreement without the written consent of the City.
13. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Contractor and supersedes
all prior negotiations, representations, or agreements written or oral. No amendment or modification
of this Agreement shall be of any force or effect unless it is in writing and signed by the parties.
14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or
unenforceable or limited in its application or effect, such event shall not affect any other provisions
hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement,
which by their sense and context are reasonably intended to survive the completion, expiration or
cancellation of this Agreement, shall survive termination of this Agreement.
15. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk, City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the
signature line below.
16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. In the event any suit, arbitration, or other
proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and
agree that venue shall be properly laid in King County, Washington. The prevailing party in any such
action shall be entitled to its attorney's fees and costs of suit.
DATED this day of
CITY OF TUKWILA
Mayor, Jim Haggerton
ATTEST /AUTHENTICATED:
City Clerk, Christy O'Flaherty
APPROVED AS TO FORM:
Office of the City Attorney
CA Revised 1 -2013
6
2015.
CONTRACTOR
By:
David B. Swanson, Principle
Reid Middleton
728 134th Street SW, Suite 200
Everett, WA 98204
Page 4 of 4
EXHIBIT A
SCOPE OF WORK
The objective of this Agreement is to provide structural code compliance plan review
(plan review) for proposed new and remodeled buildings within the City of Tukwila
(the City) as specifically requested in writing by the Building Official or his
designee. The consultant shall perform services and provide necessary equipment,
materials and professionally trained, licensed, and experienced personnel to accomplish
the plan review as outlined below.
1. On behalf of the Department of Community Development - Building Division,
the consultant will perform structural plan review to establish compliance with
the structural provisions of the International Building Code as amended by the
State and as adopted by the City of Tukwila.
2. During the plan review process, the Consultant may contact the permit
applicant directly to request submission of additional information to the city.
The Consultant will keep a written record of this communication in the project
file.
3. Upon completion of each plan review, the Consultant will furnish a summary
plan review letter directly to the Building Official and a copy to !the permit
applicant outlining discrepancies in the plans, reports, and/or calculations (as
applicable).
4. The Consultant will perform follow -up plan reviews as required to confirm that
plans have been corrected adequately to address comments in the original plan
review. In these instances, the Consultant will furnish additional letters
directly to the Building Official and a copy to the permit applicant
summarizing the results of the review. When the Consultant is satisfied that
the proposed structural work is in compliance with the structural provisions of
the Building Code, the Consultant will issue a final letter stating that there are
no further comments.
5. The plan review services for each permit applicant will be treated as an
individual project, the Consultant will track associated labor and material costs
according to each project and invoice the City accordingly. The consultant will
invoice the City prior to the 10th of each month.
6. The City may need other structural engineering services throughout the term of
the on -call agreement. For these instances, the Consultant will perform
structural engineering services as mutually agreed to by both parties. The
scope of work, fee, and schedule for the additional structural engineering
services will be defined and negotiated at the time the additional work is
requested.
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7. The City, in entering into this agreement, does not guarantee that any services
will be requested nor guarantee any specific dollar amount of work during the
term of this Agreement.
8. The City shall respond to the consultant's telephone or E -mail inquiries
concerning interpretation of City Standards within three (3) working days.
9. The Consultant shall complete the specified work generally within (15) calendar
days of written notification by the City. (Large and/or complex projects may
take longer to review but require concurrence by City of time extension).
10. The Consultant shall perform work described in this Agreement in accordance
with the latest edition and amendments to the Washington State Building Code
as adopted and amended by the City of Tukwila.
11. The City shall administer issuance of building permits and certificates of
occupancy. The Consultant will assume no responsibility for proper on -site
construction techniques, job site safety, or any construction contractor's failure
to perform its work in accordance with approved plans, contract documents,
and permit conditions.
12. Corrections or comments made during the review process do not relieve the
project proponent or designer from compliance with requirements of codes,
conditions of approval, or permit requirements. Nor is the designer relieved
of responsibility for a complete design in accordance with the laws of the
State of Washington.
Reid Middleton, Inc.
Exhibit "B" Schedule of Charges
Effective January 1, 2015 through December 31, 2016
City of Tukwila
Plan Review
Compensation shalt be based an time and expenses directly attributable to the project and shall follow the schedule
below unless another method of compensation has been expressed in the written agreement,
Personnel Hourly Rate
Principal.......:................................................................................. ..............................$ 195.00 - $ 240.00
Principal Engineer/Principal Planner/Principal Surveyor .............. ..............................$ 195.00 - $ 205.00
Senior Engineer /Senior Planner /Senior Surveyor .......................... ..............................$ 170.00-$ 190.00
Project Engineer/Project Desiggner/Pro'ect Surveyor/Project Planner ..........................$ 120.00-$ 160.00
Design Engineer/Designer II/Design Technician/Survey Crew Chief/
Technical Writer II/ Graphic Designer II .................................... ..............................$ 105.00-$ 125.00
Designer I/Planner /CAD Technician II ........................................ ..............................$ 100.00-$ 110.00
Prof "ect Administrator ..................................................................... ..............................$ 95.00-$ 105.00
CAD Technician I/Survey Technician /Technician/Technical Writer I ..................... $ 70.00-$ 100.00
Survey Crew (2 Person /RTK/Robotic) ............... ............................... ..$ 170.00
........................
Survey Crew (3 Person/ GPS) ................................... ............................... $ 260.00
Expert Witness/Forensic Engineering ..........................1.5 times usual hourly rate (4 hour minimum)
A new schedule of charges becomes effective January 1, 2016 through December 31, 2016. Reid
Middleton's escalation rate for the 2016 calendar year will not exceed 3 %. If our actual escalation rate for
2016 is less than 3 %, Reid Middleton will use the lower rate. Charges for all work, including continuing
projects initiated in prior years, will be based on the latest schedule of charges.
Individuals not in the regular employ of Reid Middleton may occasionally be engaged to meet specific
project requirements. Charges for such personnel will be comparable to charges for regular Reid
Middleton personnel.
A premium may be charged if project requirements make overtime work necessary.
II. Equipment
U1.
Iv.
Rate
Design Software /Computer Aided Drafting .................................. ..............................$ I2.00/hour
Reimbursable Expenses
Local Mileage - Automobile ........................................................... ..............................$ 0.65 /mile
Local Mileage - Survey Truck ....................................................... ..............................$ 0.65 /mile
Expenses that are directly attributable to the project are invoiced at cost plus 15 %. These expenses
include, but are not limited to, subeonsultant or subcontractor services, travel and subsistence,
communications, couriers, postage, fees and permits, document reproduction, special instrumentation and
field equipment rental, premiums for additional insurance where required, special supplies, and other costs
directly applicable to the project.
Client Advances
Unless the parties agree otherwise in writing, charges for the following items shall be paid by the client
directly, shall not be the responsibility of Reid Middleton, and shall be in addition to any fee stipulated in
the agreement: government fees, including permit and review fees; soils testing fees and costs; charges for
aerial photography; and charges for monuments. If Reid Middleton determines, in its discretion, to
advance any of these costs in the interest of the project, the amount of the advance, _plus a fifteen percent
administrative fee, shall be paid by the client upon presentation of an invoice therefore.
C:\ UsersUerry- tt\Documents\Struetural - Reid Middleton\2015 -2016 Schedule of Charges.doc
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City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community Affairs and Parks Committee
FROM: Laurel Humphrey, Council Analyst
DATE: June 16, 2015
SUBJECT: Illegal Marijuana Grow Operations
ISSUE
Combating illegal medical marijuana grow operations in Tukwila.
BACKGROUND
The City has had a moratorium prohibiting medical marijuana collective gardens and
dispensaries for several years, due to a lack of clarity in state laws regarding medical marijuana
and a lack of regulation of this industry. In April, the Council authorized the pursuit of injunctive
relief against two medical marijuana collective gardens operating in violation of the moratorium,
and in May these preliminary injunctions were granted. Recent inspections by the City show
that these properties are currently in compliance with the preliminary injunctions, and the City is
currently working to resolve these cases in a manner that ensures continued compliance with
state and local laws.
The Washington State Legislature recently passed legislation that will dramatically change the
current state medical marijuana laws in July 2016. At its June 8, 2015 meeting, the Community
Affairs and Parks Committee gave direction to the City Attorney and DCD staff to develop a
draft ordinance that would a) ban collective gardens and dispensaries until July 2016 and b)
require compliance with state laws after July 2016, establishing significant civil penalties for
violations. Drafting of the ordinance is currently underway and staff expect to have it ready for
CAP review at its July 13, 2015 meeting. The Committee also urged the creation of a thorough
process for enforcement of the ordinance, with input and buy -in from all departments involved.
DISCUSSION
The purpose of this meeting is to continue discussion of the City's strategy for combatting illegal
grow operations as well as plan for a follow -up discussion to be held by the entire Council.
Councilmember Robertson, because he feels City staff is currently committed to a variety of
important projects, has suggested a dedicated project team including external legal counsel
responsible for project management, communications, partnership with other entities such as
the King County Prosecutor and Liquor Control Board, strategy and process development, and
more.
FINANCIAL IMPACT
Unknown at this time.
RECOMMENDATION
No recommendation.
ATTACHMENTS
• June 8, 2015 CAP Meeting Minutes
• AWC Senate Bill 5052 Overview
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City Of Tukwila
• Community Affairs and Parks Committee
COMMUNITY AFFAIRS AND PARKS COMMITTEE - Meeting Minutes
June 8, 2015 — 5:30 p.m. — Hazelnut Conference Room
PRESENT
Councilmembers: Verna Seal, Chair; Dennis Robertson, Allan Ekberg
Staff: Rachel Turpin, Rachel Bianchi, Jack Pace, Mike Villa, Laurel Humphrey
Guests: Sharon Mann, resident
CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:30 p.m.
I. PRESENTATIONS
II. BUSINESS AGENDA
A. Ur)date on Medical Cannabis
City Attorney Rachel Turpin provided an update to the Committee regarding the status of medical
marijuana regulations. The City currently has in place a moratorium prohibiting medical marijuana
collective gardens and dispensaries. Because it is set to expire in October, policy direction is
needed from the Council regarding next steps. In addition, the Cannabis Patient Protection Act,
recently passed by the Washington State Legislature, will significantly change regulations at the
state level with ensuing impacts to cities. The following paragraphs summarize the information
shared with the Committee.
Summary of Senate Bill 5052 Changes
SB 5052 establishes the Liquor Control Board (to be renamed the Liquor and Cannabis Board) as
the regulatory agency overseeing medical marijuana, creates a system of cooperatives, and
increases the limit to 15 plants for those registering into an optional database. Those who do not
sign up for the database are limited to four plants and six ounces. Medical marijuana must be grown
in the grower's domicile. Cooperatives may be formed by four qualifying patients or providers, and
60 plants may be grown at the cooperative location. Cooperatives will not require a City business
license. Most of the provisions of the law do not go into effect until July 1, 2016, although the patient
database is going to be developed starting July 24, 2015. The law no longer includes a statement
giving cities the option to ban medical marijuana through zoning regulations, which was employed
by the City of Kent in its collective garden ban, recently upheld by the State Supreme Court. Cities
do not have authority to create criminal penalties or penalties for drug violations, but do have
authority to create civil penalties, such as for growing marijuana out of compliance with state law.
13
Community Affairs & Parks Committee Minutes June 8, 2015 - Page 2
Tukwila's Next Steps
The current moratorium prohibiting medical marijuana collective gardens and dispensaries is set to
expire in October 2015, so the City Attorney is seeking direction on what type of legislation to have
ready. Since the City can continue to prohibit collective gardens until the state law takes effect in
July 2016, it is possible to draft one ordinance that includes short term and long term provisions,
such as a section prohibiting collective gardens but specifying that that section terminates in July
2016. The City has flexibility until July 2016, and could consider adding a misdemeanor penalty.
Process for Enforcement
Committee members stated that the proposed legislation must be enforceable and it would be
prudent to determine the cross - departmental process for handling violations early in the process.
Ms. Turpin stated that the recent injunction process the Council approved for two properties in the
City does require compliance with city and state laws. The City will be inspecting the properties to
follow up.
Committee Recommendation
The Committee unanimously supported the development of an ordinance that would prohibit
collective gardens through July 2015 and thereafter require compliance with state law. They did
not feel it would be worthwhile to include a misdemeanor component for this temporary period. The
draft ordinance should establish civil penalties for violating state law, and they would like to see
clearly defined City processes for compliance and enforcement, with input from the City Prosecutor.
RETURN TO COMMITTEE WITH DRAFT ORDINANCE.
III. MISCELLANEOUS
Meeting adjourned at 6:49 p.m
Next meeting: Monday, June 22, 2015
/ -- Committee Chair Approval
Minutes by LH, Reviewed by RT
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On April 24, 2015, Governor Jay Inslee signed into law SIB 5052, the cannabis patient protection act. The act
establishes a medical marijuana oversight body, guidance for rules and regulation, licensing, and defines
cooperatives and personal grows. The law has various enactment dates over the course of the next year and a
half.
Oversight
SIB 5052 establishes the Liquor Control Board as the
regulatory agency overseeing medical marijuana,
and renames the board the Liquor and Cannabis
Board (LCB).
Regulation
Medical use of marijuana is regulated through the
same structure as provided through Initiative 502
(legalization of recreational marijuana). The LCB
shall adopt comprehensive rules and regulations
similar to that of the recreational market to regulate
the medical marijuana market.
To qualify for the "medical use" of marijuana, the
terminal or debilitating conditions must be severe
enough to significantly interfere with activities of daily
living and must be able to be objectively assessed
and evaluated.
A voluntary medical marijuana authorization
database is created. Qualifying patients and
designated providers who do not sign up for the
database may grow marijuana for their medical use
but are limited to four plants and six ounces of
useable marijuana. They are provided an affirmative
defense to charges of violating the law on medical
use of marijuana.
Those who do register in the database may grow up
to 15 plants for medical use, are provided arrest
protection, and may possess a combination of the
following:
• Forty -eight ounces of marijuana- infused product
in solid form;
Three ounces of useable marijuana;
Two hundred sixteen ounces of marijuana -
infused product in liquid form; or
Twenty -one grams of marijuana concentrates
Licensing
Marijuana retail establishments may apply for a
medical marijuana endorsement through the LCB.
The endorsement may be issued concurrently with
the retail license and medical marijuana— endorsed
stores must carry products identified by the
Department of Health (DOH) as beneficial to medical
marijuana patients.
DOH must also adopt safe handling requirements for
all marijuana products to be sold by endorsed stores
and must adopt training requirements for retail
employees.
The LCB must reopen the license period for retail
stores and allow for additional licenses to be issued
in order to address the needs of the medical market.
The LCB must establish a merit based system for
issuing retail licenses.
• First priority must be given to applicants that
have applied for a marijuana retailer license
before July 1, 2014, and who have operated or
been employed by a collective garden before
November 6, 2012.
• Second priority must be given to applicants who
were operating or employed by a collective
garden before November 6, 2012 but who have
not previously applied for a marijuana license.
Use by minors
Minors may be authorized for the medical use of
marijuana if the minor's parent or guardian agrees to
the authorization. The parent or guardian must have
sole control over the minor's marijuana. Minors may
not grow marijuana, nor may they purchase from a
retailer, but they may enter the premises of a
medical marijuana retailer if they are accompanied
by their parent or guardian who is serving as the
designated provider. Patients who are between ages
18 and 21 may enter medical marijuana retail outlets.
Cooperatives and personal grows
Those who are registered in the medical marijuana
database may grow marijuana in their domicile. No
more than 15 plants may be grown in a housing unit,
unless the housing unit is the location of a
cooperative. No plants may be grown or processed if
any portion of the activity may be viewed or smelled
by the public or the private property of another
housing unit.
Association of Washington Cities awcnet.org 360.753.4137 pg. 1
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The provision authorizing collective gardens is
repealed, effective July 1, 2016. In their place, four
member cooperatives are permitted. A maximum of
60 plants (15 plants x 4 members) may be grown at
the cooperative location.
Qualifying patients or designated providers may form
a cooperative and share responsibility for acquiring
and supplying the resources needed to produce and
process marijuana only for the medical use of
members of the cooperative. No more than four
qualifying patients or designated providers may
become members of a cooperative under this section
and all members must hold valid recognition cards.
All members of the cooperative must be at least 21
years old. The designated provider of a qualifying
patient who is under 21 years old may be a member
of a cooperative on the qualifying patient's behalf.
Cooperatives may not be located within one mile of a
marijuana retailer and they must be registered with
the LCB.
If a member of the cooperative leaves, he or she
must notify the LCB within 15 days of the date
he /she ceases participation. Additional qualifying
patients or designated providers may not join the
cooperative until 60 days has passed.
Cooperatives may not sell, donate or otherwise
provide marijuana to a person not participating in the
cooperative.
The location of the cooperative must be a domicile of
one of the participants. Only one cooperative may
located per domicile.
The LCB may adopt rules regulating cooperatives,
including a seed to sale traceability model that is
similar to the model in the recreational market.
The LCB or law enforcement may inspect a
cooperative.
Local authority
Cities, towns, counties, and other municipalities may
create and enforce civil penalties, including
abatement procedures, for the growing or processing
of marijuana and for keeping marijuana plants
beyond or otherwise not in compliance with the rules
and regulations of cooperatives.
Enactment
July 24, 2015, except for the following:
Immediately:
• Contracting with an entity to create, administer
and maintain the patient database.
• Exempting disclosure of records in the database,
including patient names and personally
identifiable information.
• The LCB conducting controlled purchase
programs to ensure marijuana is not being sold
to minors, minors are not selling marijuana in
retail and medical establishments and whether
collective gardens and cooperatives are
providing minors with marijuana.
July 1, 2016
• Minors, between the ages of 18 -20, with
recognition cards may begin buying medical
marijuana.
• The amount of marijuana medical patients may
acquire goes into effect.
• Health care professionals may begin authorizing
qualifying patients under the age of 18 to use
medical marijuana. Their parent or guardian shall
act as their designated provider.
• Various provisions related to the security of the
medical marijuana authorization database.
• Criminal protections for the medical use of
marijuana.
• Group cooperatives are allowed.
• Collective gardens are eliminated.
• Allowing minors who are eligible to consume
medical marijuana on school grounds.
Association of Washington Cities awcnet.org 360.753.4137 pg. 2
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IN