Loading...
HomeMy WebLinkAboutCAP 2015-07-13 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 R. Eaton Mayor Haggerton N. Gierloff D. Cline Partnerships. MONDAY, JULY 13, 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. An agreement regarding the Green City a. Forward to 7/27 C.O.W. Pg.i Partnerships. and 8/3 Regular Mtg. Robert Eaton, Parks & Recreation Superintendent b. An ordinance relating to medical marijuana. b. Forward to 8/10 C.O.W. Pg.29 Nora Gier /off, Deputy Community Development and 8/17 Regular Mtg. Director c. Review of the Community Affairs and Parks c. Information only. Pg.43 Committee work plan. Laurel Humphrey, Council Analyst 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Monday, July 27, 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 Community Affairs and Parks Committee FROM: Rick Still, Parks and Recreation Director BY: Robert Eaton, Parks and Recreation Superintendent DATE: July 8, 2015 SUBJECT: Green City Partnerships Agreement ISSUE Green City Partnerships Agreement BACKGROUND At the May 26, 2015 Community Affairs and Parks Committee, Forterra made a presentation for Green City Partnerships program (Attachment A). The presentation outlined the two year process for developing and establishing a Green City program. The scope for year one focuses on Forterra conducting a forested park and natural area assessment. The next step is to develop a Green Tukwila Partnership 20 -Year Plan. Year two focuses on the implementation specifics by creating a Stewardship Plan, a Forest Steward Program and providing on -going support of stewards. Essential City staff would work closely with Forterra throughout this two year process. The action taken at the meeting was to "Direct staff to complete a budget amendment for $40,000 for the two year plan and bring a proposed Agreement with Forterra back to CAP for recommendation." DISCUSSION Attachment B is the proposed agreement. Currently there is no budget for this program however, a budget amendment request was completed by staff as directed by the Committee. FINANCIAL IMPACT The initial expense of this program is $10,000 in 2015 and an additional $30,000 in 2016 for a combined $40,000 in the next two years. Forterra is committed to contribute $60,000 in partnership with the City of Tukwila's $40,000 to develop this $100,000 Green Tukwila plan. There is also a work effort commitment and annual financial commitment to implement and sustain the program over the 20 -Year plan at the Council's desired level. RECOMMENDATION The Council is being asked to authorize the Mayor to sign the agreement with Forterra for the development of the Green Tukwila Partnership 20 -Year Plan and consider this item at the July 27, 2015 Committee of the Whole meeting and subsequent August 3, 2015 Regular meeting. ATTACHMENTS A. Green City Partnerships Presentation Memo (and attachments) B. Agreement with Forterra for Green Tukwila Partnership 20 -Year Plan 2 City of Tukwila r Jim Haggerton, Mayor TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Rick Still, Parks and Recreation Director r� BY: Robert Eaton, Parks and Recreation Superintendent /\ DATE: May 20, 2015 SUBJECT: Green City Partnerships ISSUE Green City Partnerships Presentation by Forterra BACKGROUND Forterra has potentially identified the City of Tukwila as a good candidate to be a "Green City" because of our green spaces, nice parks, the Duwamish /Green River and already being a "Tree City" USA member. Various Councilmembers, City Administration and City Staff have provided positive feedback in regards to the idea of being "Green Tukwila" therefore, Forterra is presenting to the Community Affairs and Parks Committee the benefits of being a Green City what partnering with them to develop a Green City Plan for Tukwila would entail. DISCUSSION The process for developing and establishing a Green City is a two year task. The scope for year one focuses on Forterra conducting a forested park and natural area assessment. From there they would develop a Green Tukwila Partnership 20 -Year Plan. Year two focuses on the implementation specifics by creating a Stewardship Plan, a Forest Steward Program and providing on -going support of stewards. Essential staff will work closely with Forterra throughout this two year process. Currently there is no budget for this program however, a budget amendment could be completed by staff if Council so desires to proceed further with the Green City program. FINANCIAL IMPACT The initial expense of this program is $10,000 in 2015 and an additional $30,000 in 2016 for a combined $40,000 in the next two years. Forterra is committed to contribute $60,000 in partnership with the City of Tukwila's $40,000 to develop this $100,000 Green Tukwila plan. There is also a work effort commitment and annual financial commitment to implement and sustain the program over the 20 year plan. This will be discussed in the presentation. RECOMMENDATION The Council is being asked to provide direction to staff in regards to this program. Below are two options identified by staff: 1) Direct staff to complete a budget amendment for $40,000 for the two year plan and bring a proposed Agreement with Forterra back to CAP for recommendation. 2) Direct staff to not pursue this any further at this time but thank you for the presentation. ATTACHMENTS A. Green City Partnerships — Presentation B. Green City Partnerships — One Pager C. Green City Partnerships — Tukwila Estimate rd EM m m 1 F. M FAI 2 LU C6 Healthy forested parks and greenspaces have the power to strengthen neighborhoods, provide safe access to nature, and offer numerous valuable "green services ". Without a coordinated regional effort to restore and care for our urban parks, we are at risk of losing the many benefits these forests and natural areas provide. To date, Forterra has launched Green City Partnerships in seven cities including Seattle, Tacoma, Kirkland, Redmond, Kent, Everett and Puyallup. These unique public /private partnerships bring together the City, Forterra, thousands of community volunteers, other nonprofits, and businesses to create a sustainable network of healthy forested parks and natural areas throughout the region. 444-4ckh^en' J A Growing Problem Many of our region's parks and natural areas are heavily infested with English ivy, Himalayan blackberry and other invasive plants. Additionally, many of the trees in our urban parks are at the end of their lifespan. As these trees die, invasive plants are preventing the next generation of trees from growing, leaving us at risk of losing the many benefits our forests provide in just 20 years! "miff INlemn ­- INSOR as _- 101e0rws A Community -based Solution Restoring our urban parks requires a partnership and coordinated effort. Green City Partnerships are harnessing the power of our communities and creating a culture of volunteerism and stewardship to save our local forested parks and natural areas. The Green City Partnerships combined log over 115,000 volunteer hours at more than 1000 stewardship events each year. These events provide hands -on opportunities for residents young and old to take action and care for the parks they love. Forterra works with cities to recruit, train, and support passionate volunteer leaders to serve as Stewards. Stewards are the mainstay of the program, organizing work parties and resources for their park, connecting with local neighbors and community groups, 17 and working to meet restoration goals in their park. There are now over 240 Stewards working across the seven cities. Be the next Green City! Using a model and best management practices developed over the past 10 years, Forterra works with cities to develop a partnership that meet each city's individual needs and capacity. The Green Cities combined share three core goals for their forested parks and natural areas: • Improve the quality of life, connections to nature, and enhance forest benefits in cities by restoring our forested parks and natural areas Galvanize an informed and active community Ensure long -term sustainable funding and community support Forterra Green City Partnership services include: • City -wide forested park and natural area assessment. • Strategic and restoration planning • Volunteer program development and guidance • Education and training for volunteers • Restoration tracking systems • Green City outreach and community engagement. • On the ground stewardship projects and event support The process of forming a new Green City with Forterra involves an initial assessment of the current acreage and condition of a city's forested parks and natural areas. With this information Forterra works with the city to develop and implement a 20 -year strategic plan with the forest assessment results, cost estimates, volunteer projections, and strategic benchmarks to achieve restoration goals over a set timeline. Forterra support also includes developing a community -based volunteer stewardship program to support restoration efforts across the city. In addition, Forterra facilitates connections across the Partnerships through the Green Cities Network, providing a venue for resource sharing, idea creation and consistency in regional restoration efforts. For more information visit our website: www.forterra.org or contact Joanna Nelson de Flores, Green Cities Director 206 - 905 -6913 1 jnelson @forterra.org M. GREET CITY PARTNERSHIP 5 Forterra Services; Establishing a New Green City 44ac%h.Gn- G Rate Hours Value E L t10 O a' d Q O to 1 Conduct forest assessment for Tukwila parks and open spaces Forterra PM staff $100 20 $ 2,000.00 Travel Forterra GIS staff $125 40 $ 5,000.00 Travel $ 8,120.00 $ 100.00 I'B C p L L N M >- }- O Forestry Subconsultant - data collection /GIS' $ 12,000.00 Subtatall 80 $ 8,000.00 $ 19,100.00 'This amount will vary depending on land to he inventoried - $12,000 will cover approximately 400 acres, depending on subdivision of Habitat Management Units. 2 Create official Green Tukwila Partnership 211-year Plan Supplies/materials Forterra staff $100 340 $ 34 000.00 Travel _ L � fU >- N t/t M $ 100.00 r % Sup iies/materiais for public meeting 5) Provide on-going support to Stewards (Organize and run /assist FS with up to 10 volunteer restoration events, tracking systems) $ 200.00 Subconsultant- layout, design and copy editor Forterra staff $100 $ 8,000,00 Printing Travel $ 2,000.00 Subtotali Supplies/materials (including plants, snacks, coffee for work parties) $ 44,300.00 $ 1,200.00 V) N L1J Total Forest Assessment and 20 -year Plan (Year One) $ 63,400.00 E L t10 O a' d Q O to 3 Create Stewardship Plans for 2 first-year restoration projects Forterra staff $100 80 $ 8,000.00 Travel I $ 120.00 Subtotal $ 8,120.00 4) Establish Forest Steward Pra ram with Field Guide, recruit and train Stewards Forterra staff $100 80 $ 8,000.00 Travel $ 120.00 Supplies/materials $ 200.00 Subtotal $ 8,320.00 L � fU >- N t/t M 5) Provide on-going support to Stewards (Organize and run /assist FS with up to 10 volunteer restoration events, tracking systems) Forterra staff $100 150 $ 15,000.00 Travel $ 360.00 Supplies/materials (including plants, snacks, coffee for work parties) $ 1,200.00 V) N L1J (2X) On -site Toolbox and full standard restoration hand tools for 15 -20 people $ 3,600.00 Subtotal $ 20,160.00 Total Establish Stewardship Program (Year two) $ 36,600.00 TOTAL Combined (Year One and Two): $ 100,000.00 Proposed Forterra Contribution $ 60,000.00 Proposed City of Tukwila Contribution 10K In Year One (2015- 2016), and 30K in Year Two (2016 -2017) $ 40,000.00 Estimated additional city staff investment at 5075 hours per year, depending an level of involvement. 19 City of Tukwila Contract Number: Attachment B • 6200 Southcenter Boulevard, Tukwila WA 98188 CONSULTANT AGREEMENT FOR STEWARDSHIP SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City ", and Forterra, hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform Green City Stewardship Plan Development and Implementation Recommendation services in connection with the project titled Green Tukwila. 2. Scone of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2017, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December 31, 2017 unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $40,000 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 20 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in 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 Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant'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. & Insurance. The Consultant 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 Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant 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 Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: CA revised : 1 -2013 1. 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. Page 2 21 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Other Insurance Provision. The Consultant'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 Consultant's insurance and shall not be contributed or combined 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:VH. D. Verification of Coverage. Consultant 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 Consultant before commencement of the work. Certificates of coverage and endorsements as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. E. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the part of the Consultant 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 Consultant 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 Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant 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 the Consultant nor any employee of the Consultant 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 for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. CA revised : 1 -2013 22 Page 3 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 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. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non - Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. 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. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. 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. CA revised : 1 -2013 Page 4 23 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant 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. DATED this day of CITY OF TUKWILA Mayor, Jim Haggerton Attest/Authenticated: City Clerk, Christy O'Flaherty GA revised : 1 -2013 24 ,20 CONSULTANT By: Printed Name: Title: Approved as to Form: Office of the City Attorney Page 5 FORT&RRA Presented to City of Tukwila By Forterra, July 2015 Narrative Scope of Services Exhibit A — Scope of Services Goal: Create a 20 -year restoration plan for the Green Tukwila Partnership, and establish a cohesive volunteer and Forest Steward program for the long -term restoration, maintenance, and stewardship of the City's parks and open spaces. Forterra's responsibilities and deliverables: Deliverable 1: Conduct forest assessment for Tukwila parks and open spaces. • Work with City staff to finalize sites for inclusion in 20 -year restoration plan. • Manage contract with local forest assessment professionals to conduct fieldwork on all identified sites using the Forest Landscape Assessment Tool (FLAT). • Produce current condition data sets for all sites. • Produce maps for all Green Tukwila Partnership sites that depict current conditions. Deliverable 2: Produce a 20 -year parks and open spaces restoration plan for the Green Tukwila Partnership. • Conduct City and community capacity assessment to determine available resources and key contacts. • Work with Community Connectors program to implement and conduct community involvement strategy to gauge values, interest, and priorities surrounding parks and open spaces. • Incorporate baseline forest conditions with capacity assessment information and community input into a comprehensive 20 -year plan for the Partnership. Plan will include priority sites for on- the - ground work, best management practices, timeline, estimated budget, and implementation strategies. • Coordinate quarterly focus groups where City staff can discuss selected topics with staff from other partnerships in the Green Cities Network. Deliverable 3: Produce stewardship plans to begin implementation of the Green Tukwila Partnership 20 -year plan and prepare for coordinated, on- the - ground restoration and maintenance. • Determine restoration priority areas and identify on a site map. • Create initial goals for the site, and outline restoration activities needed. • Identify primary invasive plants for removal and make a plan for volunteer work, professional herbicide application, or other means as needed, including debris disposal. • Plan for later -phase restoration as appropriate, including planting, plant establishment, and long -term maintenance. 25 FORTSRRA Exhibit A — Scope of Services • Make notes for volunteer management and community engagement, including access points and facilities, neighborhood priorities, possible barriers or concerns, and ideas for working with the public. • Bring all of the above information together into an annual plan for the first year of stewardship activities at two park sites, using the Green Cities Steward Annual Plan Workbook. Deliverable 4: Establish a Forest Steward program to support and empower volunteers willing to take on a leadership role at a park of their choosing. • Recruit at least 5 volunteers who will take a leadership role in coordinating restoration efforts in targeted areas by becoming Forest Stewards. • Plan and host Forest Steward orientation. • Update existing Green Cities Network steward field guide for Tukwila and print 25 copies. • Work with new Forest Stewards to develop their role and encourage supported autonomy, including identifying interests and park projects. • Respond to questions, address problems, and provide general support to Forest Stewards. • Provide access to workshops and training opportunities through the Green Cities Network. Deliverable 5: Provide on -going support to Forest Stewards to help participants achieve success with their restoration projects and community engagement. • Develop outreach kit including logo, text language, PowerPoint presentation, and event flier. • Help to recruit volunteers through digital outreach, tabling at local events, and word -of- mouth. • Conduct outreach presentations to or meet with at least 3 targeted community groups or individual local leaders to discuss their potential participation in Green Tukwila. • Create a database for tracking volunteers and restoration work. • Host at least 5 forest restoration work parties in priority sites with community volunteers. • Update and manage volunteer and supporters email list quarterly. • Email volunteer list with upcoming event information monthly. 26 FORTSRRA Exhibit B — Payment Schedule/Budget Presented to City of Tukwila By Forterra, July 2015 Goal: Create a 20-year restoration plan for the Green Tukwila Partnership, and establish a cohesive volunteer and Forest Steward program for the long-term restoration, maintenance, and stewardship of the City's parks and open spaces. Year Deliverable Rate Hours Value 1) Conduct forest assessment for Tukwila parks and open spaces Forterra PM staff $100 20 $2,000.00 Forterra GIS staff $125 40 $5,000.00 Travel $100.00 Forestry Subconsultant - data collection/GIS* $12,000.00 Subtotal $19,100.00 C *This amount will vary depending on land to be inventoried - $12,000 will cover approximately 400 acres, depending on m subdivision of Habitat Management Units. 0 M -- - - - -._ 2) Produce a 20-year parks and open spaces restoration plan M Q) aj for the Green Tukwila Partnership C:) - - ----- Forterra staff $100 340 $34,000.00 Travel $100.00 -- -­------------­- ­- Supplies/materials for public meeting ------- -- ... - - -- __ . .. . .... .. ...... ..... . $200.00 Subconsultant - layout, design and copy editor $8,000.00 Printing $2,000.00 Subtotal $44,300.00 Total Forest Assessment and 20-year Plan (Year One) $63 27 FORTSRRA Exhib{tB — PaymeMt Schedule/Budget TOTAL Combined (Year One and Two): $100,000.00 Proposed RzrterraContribution $60,000.00 Proposed City of Tukwila Contribution IOKin Year One (2O15'ZO16), and 3OKin Year Two (201G-2O17) $40,0X00.00 Estimated additional city staff investment at 50-75 hours per year, depending on level of involvement. W. 3) Produce stewardship plans to begin implementation of the Green Tukwila Partnership 20-year plan and prepare for coordinated, on-the-ground restoration and maintenance Forterra staff $100 80 $8,000.00 Travel $120.00 Subtotal $8,120.00 E 4) Establish a Forest Steward program to support and empower volunteers willing to take on a leadership role at a tw park of their choosing CL Forterra staff $100 80 $8,000.00 .2- Travel $120.00 Supplies/materials $200.00 L_ Subtotal $8,320.00 CU -C 5) Provide on-going support to Forest Stewards to help them LA achieve success with their restoration projects and M community engagement Ln LU Forterra staff $100 150 $15,000.00 Travel $360.00 Supplies/materials (including plants, snacks, coffee for work parties) $1,200.00 (2X) On-site Toolbox and full standard restoration hand tools for 15-20 people $3,600.00 Subtotal $20,160.00 Total Establish Stewardship Program (Year two) $36,600.00 TOTAL Combined (Year One and Two): $100,000.00 Proposed RzrterraContribution $60,000.00 Proposed City of Tukwila Contribution IOKin Year One (2O15'ZO16), and 3OKin Year Two (201G-2O17) $40,0X00.00 Estimated additional city staff investment at 50-75 hours per year, depending on level of involvement. W. City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Rachel Turpin, City Attorney BY: Nora Gierloff, Deputy DCD Director DATE: July 8, 2015 SUBJECT: Medical Marijuana Zoning Ordinance ISSUE Should the moratorium on medical marijuana collective gardens and dispensaries be replaced with zoning regulations per new state laws? BACKGROUND Since 2011 the City has had a moratorium prohibiting medical marijuana collective gardens and dispensaries due to a lack of clarity in state laws regarding medical marijuana and a lack of regulation of this industry. Recent changes approved by the Washington State Legislature will dramatically change the current state medical marijuana laws in phases through July 2016. At the June 22 CAP meeting the Committee gave direction to the City Attorney and DCD staff to develop a draft ordinance that would ban collective gardens and dispensaries, integrate the medical and recreational marijuana industries in accordance with the new state laws, and establish significant civil penalties for violations. DISCUSSION The draft ordinance attached amends the Zoning Code regulations regarding marijuana uses and definitions to meet new Washington State regulations contained in SB 5052. Specifically it: 1. Repeals the existing moratorium 2. Updates definitions to match those in the new state law 3. Corrects the omission of marijuana uses from the Tukwila South Overlay (where the underlying zoning is HI or TVS) 4. References state regulations, procedures and restrictions for growth of medical marijuana for personal medical use 5. Prohibits medical marijuana cooperatives, collective gardens and dispensaries 6. Establishes new civil penalties for violations of these regulations As this ordinance amends the Zoning Code it will need to go to the Planning Commission for a public hearing and recommendation. The next available date is July 23, 2015. The Committee approved returning the ordinance directly to the Committee of the Whole rather than an additional CAP meeting. 29 INFORMATIONAL MEMO Page 2 FINANCIAL IMPACT No direct financial impacts are expected from these changes. RECOMMENDATION The Council is being asked to forward this ordinance to the Planning Commission for a hearing and recommendation. The ordinance will then return directly to the August 10, 2015 Committee of the Whole meeting for a hearing and subsequent August 17, 2015 Regular Meeting. ATTACHMENTS Draft Marijuana Zoning Ordinance WA2015 Info Memos \MedicalMarijuanaJlnfoMemo.doc 30 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES RELATING TO LAND USE AND ZONING AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTIONS 18.06.552, 18.06.553, 18.06.554, 18.06.556, 18.41.020 AND 18.50.210; ADOPTING ZONING RESTRICTIONS ON THE PRODUCTION, PROCESSING, AND RETAILING OF MARIJUANA USES; DESCRIBING THE LAND USE IMPACTS TRIGGERING SUCH RESTRICTIONS; ADDING THE TUKWILA SOUTH OVERLAY AS A PERMITTED ZONE FOR MARIJUANA USES; ESTABLISHING PROCEDURES FOR ENFORCEMENT OF VIOLATIONS INCLUDING ABATEMENT OF MARIJUANA NUISANCES; REPEALING ORDINANCE NO. 2475, WHICH ESTABLISHED THE MORATORIUM ON MEDICAL CANNABIS COLLECTIVE GARDENS OR DISPENSARIES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, since 1970, federal law has prohibited the manufacture and possession of marijuana as a Schedule 1 drug, based on the federal government's categorization of marijuana as having a "high potential for abuse, lack of any accepted medical use, and absence of any accepted safety for use in medically supervised treatment." Gonzales v. Raich, 545 U.S. 1, 14 (2005), Controlled Substance Act (CSA), 84 Stat. 1242, 21 U.S.C. 801 et seq; and WHEREAS, Initiative 502 directed the Washington State Liquor Control Board (WSLCB) to develop rules and regulations to: 1. Determine the number of producers, processors and retailers of marijuana by county; 2. Develop licensing and other regulatory measures; 3. Issue licenses to producers, processors, and retailers at locations which comply with the Initiative's distancing requirements prohibiting such uses within 1,000 feet of schools and other designated public facilities; and 4. Establish a process for the City to comment prior to the issuance of such licenses; and W:\ Word Processing \Ordinances\Zoning for production - processing- retailing of marijuana uses 7 -6 -15 Nc:bjs Page 1 of 11 31 WHEREAS, on April 24, 2015, 2SSB 5052 was approved revising the framework under which medical marijuana producers, processors, and retailers can operate and become licensed by the State of Washington; and WHEREAS, the WSLCB has adopted regulations for recreational marijuana and begun issuance of marijuana producer, processor and retail licenses to qualified applicants; and WHEREAS, 2SSB 5052 has established a medical marijuana endorsement to permit a licensed recreational marijuana retailer to also sell marijuana for medical use to qualifying patients and designated providers; and WHEREAS, 2SSB 5052 has directed the now renamed Washington State Liquor and Cannabis Board to develop and maintain a secure and confidential medical marijuana authorization database of patients and designated providers; and WHEREAS, 2SSB 5052 will repeal authorization for collective gardens on July 1, 2016; and WHEREAS, 2SSB 5052 authorizes qualifying patients to grow a limited number of medical marijuana plants in their own domicile; and WHEREAS, 2SSB 5052 authorizes up to four qualifying patients and /or designated providers to form cooperatives to grow a limited number of medical marijuana plants in their own domicile starting on July 1, 2016; and WHEREAS, the City Council wishes to clarify that the manufacture, production, processing, retailing, possession, transportation, delivery, dispensing, application, or administration of marijuana must comply with all applicable City laws, and that compliance with City laws does not constitute an exemption from compliance with applicable state and federal regulations; and WHEREAS, the City of Tukwila believes that the health, safety, and welfare of the community is best served by excluding from certain zones any commercial production, processing, selling or delivery of marijuana; and WHEREAS, the City of Tukwila adopted Ordinance No. 2475, imposing a moratorium on medical cannabis collective gardens or dispensaries while zoning for said uses is established; and WHEREAS, Ordinance No. 2475 requires formal action by the City Council to terminate the moratorium; and W:\ Word Processing \Ordinances\Zoning for production - processing- retailing of marijuana uses 7 -6 -15 NG:bjs Page 2 of 11 32 WHEREAS, the City Council studied the land use and other secondary impacts of recreational marijuana use, and adopted Ordinance No. 2407 authorizing recreational marijuana producers, processors and retailers within specific zoning districts to address these impacts; and WHEREAS, the City Council finds that no additional land use or secondary impacts are expected due to the expansion of the recreational marijuana industry to include medical marijuana, per regulations to be developed by the Washington State Liquor and Cannabis Board; and WHEREAS, the State Environmental Policy Act (SEPA) Responsible Official issued an addendum for this draft ordinance to the environmental review conducted for Ordinance No. 2407 on June 25, 2015; and WHEREAS, on July 23, 2015 (to be held), the Planning Commission held a public hearing on the draft zoning ordinance; and WHEREAS, the Planning Commission recommended approval (to be determined) of the draft zoning ordinance to the City Council; and WHEREAS, on August 10, 2015 (to be held), the City Council held a hearing on the draft zoning ordinance, after proper notice, during its regular meeting; and WHEREAS, the City Council, after due consideration, believes that certain amendments to the City's Zoning Code are necessary; and WHEREAS, the City Council decided to adopt a zoning ordinance and to formally repeal the moratorium on medical cannabis collective gardens or dispensaries (Ordinance No. 2475); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Formal Repeal of Moratorium. Ordinance No. 2475, a moratorium on the establishment of medical cannabis collective gardens or dispensaries, is hereby repealed. Section 2. TMC Section 18.06.552 Amended. Ordinance No. 2407 §3, as codified at Tukwila Municipal Code (TMC) Section 18.06.552, is hereby amended to read as follows: Marijuana Processor "Marijuana processor" means a person licensed by the state Liquor sentreland Cannabis Board to process marijuana, whether medical or recreational, into marijuana concentrates, useable marijuana and marijuana- infused products; package and label marijuana concentrates, useable marijuana and marijuana- infused products for sale in W:\ Word Processing \Ordinances\Zoning for production - processing- retailing of marijuana uses 7 -6 -15 NG:bjs Page 3 of 11 33 retail outlets; and sell marijuana concentrates, useable marijuana and marijuana- infused products at wholesale to marijuana retailers. Section 3. TMC Section 18.06.553 Amended. Ordinance No. 2407 §4, as codified at TMC Section 18.06.553, is hereby amended to read as follows: Marijuana Producer "Marijuana producer" means a person licensed by the state Liquor and Cannabisseetrel Board to produce and sell marijuana, whether medical or recreational, at wholesale to marijuana processors and other marijuana producers. Section 4. TMC Section 18.06.554 Amended. Ordinance No. 2407 §5, as codified at TMC Section 18.06.554, is hereby amended to read as follows: Marijuana Retailer "Marijuana retailer" means a person licensed by the state Liquor and CannabisseRtr$I Board to sell marijuana concentrates, useable marijuana, and marijuana- infused products in a retail outlet, for either recreational or medical use. Section 5. TMC Section 18.06.556 Amended. Ordinance No. 2407 §6, as codified at TMC Section 18.06.556, is hereby amended to read as follows: Marijuana- infused Products "Marijuana- infused products" means products that contain marijuana or marijuana extracts, mare intended for human use whether medical or recreational; and have a THC concentration no greater than 10 percent. The term "marijuana- infused products" does not include either useable marijuana or marijuana concentrates. Section 6. TMC Section 18.41.020 Amended. Ordinance Nos. 2368 §45, 2287 §31, 2251 §57, and 2235 §10 (part), as codified at TMC Section 18.41.020, (Tukwila South Overlay District) "Permitted Uses," are hereby amended to read as follows: 18.41.020 Permitted Uses The following uses are permitted outright within the Tukwila South Overlay District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult daycare. 2. Adult entertainment establishments are permitted, subject to the following location restrictions: WA Word Processing \Ordinances\Zoning for production - processing- retailing of marijuana uses 7 -6 -15 NG:bjs Page 4 of 11 34 a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, O, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property; (2) In or within one -half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. The distances specified in TMC Section 18.41.020.2.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 3. Amusement parks. 4. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 5. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 6. Beauty or barber shops. 7. Bed and breakfast lodging. 8. Bicycle repair shops. 9. Billiard or pool rooms. 10. Brew pubs. 11. Bus stations. 12. Cabinet shops or carpenter shops employing less than five people. 13. Colleges and universities. 14. Computer software development and similar uses. 15. Continuing care retirement facility. 16. Convalescent and nursing homes. 17. Convention facilities. 18. Daycare centers. WA Word Processing \Ordinances\Zoning for production - processing- retailing of marijuana uses 7 -6 -15 Nc:bjs Page 5 of 11 35 19. Dwelling (allowed after residential design manual with criteria for approval is adopted by ordinance): a. one detached single - family unit per lot b. multi - family c. multi - family units above office and retail space d. senior citizen housing 20. Electrical substation and distribution. 21. Extended -stay hotel /motel. 22. Farming and farm - related activities. 23. Financial: a. banking b. mortgage c. other services 24. Fire and police stations. 25. Fix -it, radio or television repair shops /rental shops. 26. Fraternal organizations. 27. Frozen food lockers for individual or family use. 28. Greenhouses or nurseries (commercial). 29. Hospitals. 30. Hotels. 31. Industries involved with etching, film processing, lithography, printing and publishing. 32. Internet data /telecommunication centers. 33. Laundries: a. self -serve b. dry- cleaning c. tailor, dyeing d. commercial 34. Libraries, museums or art galleries (public). 35. Manufacturing and industrial uses that have little potential for creating off - site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, assembling, packaging and /or repairing of: a. Food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and by products, frozen foods, instant foods and meats (provided that no slaughtering is permitted); b. Pharmaceuticals and related products, such as cosmetics and drugs. c. Previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood; d. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 36. Marijuana processor where the underlying zoning is HI or TVS. 37. Marijuana producer where the underlying zoning is HI or TVS. W:\ Word Processing \Ordinances\Zoning for production - processing- retailing of marijuana uses 7 -6 -15 NG:bjs Page 6 of 11 36 38. Mariivana retailer where the underlying zoning is HI or NS. 3639. Medical and dental laboratories. 3740. Motels. 3641. Movie theaters with three or fewer screens. 3642. Neighborhood stormwater detention and treatment facilities. 4843. Offices, including: a. outpatient medical clinic b. dental c. government — excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 44-44. Pawnbrokers. 4245. Planned shopping center (mall) up to 500,000 square feet. 4346. Plumbing shops (no tin work or outside storage). 4447. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 4548. Private stable. 4649. Recreation facilities (commercial - indoor), athletic or health clubs. 4750. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks, shooting ranges. 4351. Religious facility with an assembly area of less than 750 square feet. 4952. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, minivans, recreational vehicles, cargo vans and certain trucks). 6053. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. -5454. Research and development facilities. 6255. Restaurants, including: a. drive - through b. sit down c. cocktail lounges in conjunction with a restaurant 6356. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 6457. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 5658. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 6659. Schools and studios for education or self improvement.. 6760. Self- storage facilities. 5361. Sewage lift stations. W:\ Word Processing \Ordinances\Zoning for production - processing- retailing of marijuana uses 7 -6 -15 NG:bjs Page 7 of 11 37 5962. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 6863. Studios — art, photography, music, voice and dance. 6464. Taverns, nightclubs. 6265. Telephone exchanges. 6366. Theaters for live performances only, not including adult entertainment establishments. 6467. Tow truck operations, subject to all additional State and local regulations 6568. Water pump station. 6669. Vehicle storage (no customers onsite, does not include park- and -fly operations). 6770. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 7. TMC Section 18.50.210 Amended. Ordinance No. 2407 §10, as codified at TMC Section 18.50.210, "Marijuana Related Uses," is hereby amended to read as follows: A. The production, processing and retailing of marijuana is and remains illegal under federal law. Nothing herein or as provided elsewhere in the ordinances of the City of Tukwila is an authorization to circumvent federal law or provide permission to any person or entity to violate federal law. Only state - licensed marijuana producers, marijuana processors, and marijuana retailers may locate in the City of Tukwila and then only pursuant to a license issued by the State of Washington. The purposes of these provisions is solely to acknowledge the enactment by the state Liquor and Cannabis Board of a state licensing procedure and to permit, but only to the extent required by state law, marijuana producers, processors, and retailers to operate in designated zones of the City. B. The production, processing, selling, or delivery of marijuana, marijuana- infused products, or useable marijuana may not be conducted in association with any business establishment, dwelling unit, e+-home occupation or cooperative located in any of the following areas: Low Density Residential Medium Density Residential High Density Residential Mixed Use Office Office Residential Commercial Center W:\ Word Processing \Ordinances\Zoning for production - processing- retailing of marijuana uses 7 -6 -15 NG:bjs Page 8 of 11 i Neighborhood Commercial Center Regional Commercial Regional Commercial Mixed Use Tukwila Urban Center Commercial /Light Industrial Light Industrial Manufacturing Industrial Center /Light Manufacturing Industrial Center /Heavy C. Growth of medical marijuana for the personal medical use of an individual gualifying patient as defined in RCW 69.51A.010 is subiect to strict compliance with all state regulations procedures and restrictions as set forth or hereafter adopted at RCW Chapter 69.51A. D. The establishment, location, operation, licensing, maintenance or continuation of medical cannabis collective -gardens or dispensaries as described in RCW 69.51A.085 is prohibited in all zones of the City. Any person who violates this subsection (18.50.210.D) shall be guilty of a gross misdemeanor and shall be punished by a fine not to exceed $5,000.00, or by imprisonment in jail for a term not exceeding one year, or by both such fine and imprisonment. ES. Any violation of this section is declared to be a public nuisance per se, and, in addition to any other remedy provided by law or equity, may be abated by the City A+ +maunder the applicable provisions of this code or state law. Such violations shall be enforced and appealed with the procedures set forth in Tukwila Municipal Code Chapter 8.45. Each day any violation of this section occurs or continues shall constitute a separate offense. Penalties. 1. Civil Infraction. Any person violating or failing to comply with this section of the Tukwila Municipal Code may be issued a civil infraction citation pursuant to TMC Section 8.45.050.C. Each civil infraction shall carry with it a monetary penalty of $200.00 for the first violation $350.00 for a second violation of the same nature or a continuing violation and $500.00 for a third or subsequent violation of the same nature or a continuing violation. 2. Violation Notice and Order. a. In the alternative any person violating or failing to comply with the provisions of this section of the Tukwila Municipal Code may be issued a Violation Notice and Order, as set forth in TMC Chapter 8.45, that shall carry with it a cumulative monetary penalty of $1,000-00 per day for each violation from the date set for compliance until compliance with the Violation Notice and Order is achieved. W:\ Word Processing \Ordinances\zoning for production - processing- retailing of marijuana uses 7 -6 -15 NG:bjs Page 9 of 11 39 b. In addition to any penalty that may be imposed by the City, any person violating or failing to comply with this section shall be liable for all damage to public or Private property arising from such violation, including the cost of restoring the affected area to its condition prior to the violation. c. Any penalties imposed under this section may be doubled should the violation(s) occur within 1,000 feet of the perimeter of the grounds of any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, or library, or any game arcade to which admission is not restricted to persons aged 21 years or older, as such terms are defined in WAC 314 -55- 010 as now enacted or hereafter amended. d. The penalty imposed by this section under a Violation Notice and Order constitutes a personal obligation of the person(s) responsible for the violation, and may be collected by civil action brought in the name of the City. In addition, the monetary penalties or costs assessed pursuant to this chapter may be assessed against the property that is the subiect of the enforcement action. e. The Code Enforcement Officer shall have the discretion to impose penalties in an amount lower than those set forth above. 3. Additional Relief. The City may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of this section of the Tukwila Municipal Code. The remedies provided herein are cumulative and shall be in addition to any other remedy provided by law. Section 8. No Non - conforming Uses. No use that constitutes or purports to be a marijuana producer, marijuana processor, or marijuana retailer, 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 9. Adoption of Findings of Fact. The City Council adopts as its preliminary findings the recitals set forth above. The City Council may adopt additional findings in the event that additional evidence is presented to the City Council. Section 10. 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. W:\ Word Processing \Ordinances\Zoning for production - processing- retailing of marijuana uses 7 -6 -15 NG:bjs Page 10 of 11 M Section 11. 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 12. 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 , 2015. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W:\ Word Processing \Ordinances\Zoning for production - processing- retailing of marijuana uses 7 -6 -15 NG:bjs Page 11 of 11 41 42 Community Affairs and Parks Committee - 2015 Work Plan EEFCity of Tukwila Updated 7 /1/15 43 Description Qtr Dept Action or Briefing Status 1. Development Agreement with 90 Andover Park East 1 DCD A Complete 2. Duwamish Gardens — Advertise and award construction contract 1 PW A Complete p 3. Chinook Winds — Resolution to accept site from King County 1 PW A Complete p 4. Briefing on implementation of Shoreline Master Program 2 DCD B Complete (COW) 5. Human Services contracts over $40K 1 HS A Complete 6. 1% for the Arts — Procedures and Guidelines 1 PR B 7. Duwamish Hill Construction — Contract Award 1 PR A Complete 8. FGL Golf Carts — Purchase Approval 1 PR A Complete 9. Accessible Programs — Update 3 PR B 10 City Support for Veterans 3 -4 Multiple A/B 11 Commercial Vehicles in Residential Zones 2 Multiple A In progress 12 Collective Gardens Moratorium Next Steps 2 DCD A In progress 13 Update Wireless Facility Regulations per new FCC rules 2 DCD A 14 Park Rules (including Park signage per 1/12 COW) 2 PRK A Complete 15 CDBG Application — 2016 Minor Home Repair 2 HS A Complete 16 I -CANN, 5210 Implementation & Food Policy— Update 2 PR B 17 Riverbank Waterfowl Agreement 2 PR A Complete 18 Property Maintenance Standards 2 -3 DCD A 19 Minor Home Repair Program 3 HS A 20 Park Stewardship Plan — Briefing 3 PR B 21 Earthcorp Projects — Update 3 PR B 22 Developer selection for urban renewal project (motels) 3 ED A 23 Duwamish Hill Construction — Contract Closeout 4 PR A 24 FGL Pond Liner— Purchase Approval 4 PR A 25 "Siccardi" Parcel Official Naming (2015 QTR 4 or 2016) 4 PR A 26 Registration Software — Update (purchase 2016 or budget for 2017) 4 PR B 27 Tukwila Village plaza /commons non - profit formation 4 ED A 28 Trakit Citizen Comment Module Update DCD B 29 Tree City USA PR A 30 Legislative Agenda 1 Gov A Complete 31 Int'I Building Code + Healthy Housing Policies 2 DCD A 32 Marijuana Regulations Roundtable 2 Multiple B Complete 33 Briefing on vacant house registry programs 3 DCD B Standard Reports /Briefings Frequency Dept. 34 Summer Events Calendar Annual Parks 35 Parks Department Report (or to COW /Council ?) Annual Parks 36 Teens for Tukwila Parking Lot 37 Standards for private vehicles on private property EEFCity of Tukwila Updated 7 /1/15 43 Community Affairs and Parks Committee - 2015 Work Plan Abbreviation Key: A Action item B Briefing item ATTY City Attorney DCD Community Development ED Economic Development HS Human Services PR Parks PW Public Works GOV Government Rel. MoffCity of Tukwila Updated 7 /1/15 ..