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HomeMy WebLinkAbout2015-06-08 Community Affairs and Parks MinutesCity 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. Update 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. Community Affairs & Parks Committee Minutes June 8, 2015 - Pape 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 fmeeting: Monday, June 22, 2015 'i Committee Chair Approval Minutes by LH, Reviewed by RT