HomeMy WebLinkAboutPS 2019-10-21 COMPLETE AGENDA PACKETCity of Tukwila
Public Safety Committee
o Dennis Robertson, Chair
o Kate Kruller
<> Zak Idan
AGENDA
MONDAY, OCTOBER 21, 2019 - 5:30 PM
HAZELNUT CONFERENCE ROOM
(At east entrance of City Hall)
Distribution: Mayor Ekberg
D. Robertson D. Cline
K. Kruller R. Bianchi
Z. Idan C. O'Flaherty
K. Hougardy A. Youn
L. Humphrey
Item
Recommended Action
Page
1. PRESENTATION(S)
2. BUSINESS AGENDA
a. An ordinance correcting the fine for automated traffic
a. Forward to 11/4 Consent
Pg.1
safety camera infractions for speeding in school zones.
Agenda.
Bruce Linton, Police Chief
b. An ordinance regulating the use of bags at retail
b. Forward to 11/12 C.O.W.
Pg.5
establishments.
and 11/18 Regular Mtg.
Laurel Humphrey, Council Analyst
3. MISCELLANEOUS
4. ANNOUNCEMENTS
Next Scheduled Meeting: Monday, November 4, 2019
SThe City of Tukwila strives to accommodate individuals with disabilities.
Please contact the City Clerk's Office at 206-433-1800 (TukwilaCityClerk@TukwilaWA.gov) for assistance.
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Public Safety Committee
FROM: Bruce Linton, Chief of Police
BY: Bill Devlin, Sergeant Traffic Division
CC: Mayor Ekberg
DATE: 09/24/2019
SUBJECT: Corrected School Speed Zone Camera Ordinance
ISSUE
This memorandum addresses the incorrect violation fine referenced in the School Speed Zone
Camera Ordinance and request a correction to the School Speed Zone Camera Ordinance.
BACKGROUND
During the Public Safety Committee and the subsequent council meetings, two separate
ordinances were submitted for recommendation as part of the Automated Safety Camera
Proposal. One ordinance was prepared for the Red -Light Camera proposal and a second
ordinance was submitted for the School Speed Zone Camera proposal. The Red -Light Camera
proposal was not moved forward for consideration and the School Speed Zone Ordinance was
approved. The proposed fine for the School Speed Zone Camera Violation was incorrectly
posted in the ordinance as $136.00. The $136.00 fine was the fee related to the Red -Light
Camera proposal, hence the confusion and mistake.
DISCUSSION
DISCUSSION: The fee proposed for the School Zone Speed Camera violation is set by RCW
46.63.170 and RCW 46.63.110. The proposal and subsequent discussion set the fee at
$210.00 for 0-10 MPH over the posted limit and $240.00 for 11+MPH over the posted limit.
The proposed fines for the School Speed Zone Cameras were referenced in the info memo
dated 7/10/2019.
The City Attorney's Office acknowledged the mistake and prepared the attached corrected
ordinance for submission.
RECOMMENDATION
Approve the corrected School Speed Zone Ordinance (attached) and forward for consent
agenda approval.
ATTACHMENTS
Corrected School Speed Zone Camera Ordinance
2
AFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO.
2612, AS CODIFIED IN CHAPTER 9.53 OF THE TUKWILA
MUNICIPAL CODE, TO CORRECT THE MONETARY
PENALTY AMOUNT; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, City Council passed Ordinance No. 2612 to authorize use of
automated traffic safety cameras to detect speeding in school zones; and
WHEREAS, prior to passing Ordinance No. 2612, City staff recommended the City
Council establish monetary penalties for said infractions as follows: (1) $210.00 for
travelling at a speed greater than, but less than 11 miles per hour more than, the posted
speed limit; and (2) $240.00 for travelling at a speed at least 11 miles per hour more
than the posted speed limit; and
WHEREAS, instead, Ordinance No. 2612 established the monetary penalty for said
infractions at $136.00; and
WHEREAS, the City Council desires to amend Ordinance No. 2612 to correct said
monetary penalty to the amount recommended by City staff and originally intended by
City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Section 9.53.050 Amended. Ordinance No. 2612 §6, as codified
at Tukwila Municipal Code Section 9.53.050, "Fine," is hereby amended to read as
follows:
9.53.050 Fine
A. The fine for an infraction detected under authority of this chapter shall be a
base monetary penalty of $136 00 and provided further that whenever in the future
the state of Washington incr aces the fine imposed under this chapter, by legislation or
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d to a like amount upon the effective date of
such legislation or court rule as follows:
1. $210.00 for travelling at a speed greater than, but less than 11 miles per
hour more than, the posted speed limit; and
2. $240.00 for travelling at a speed at least 11 miles per hour more than the
posted speed limit.
B. The maximum penalty for infractions detected pursuant to the provisions of this
chapter shall not exceed the maximum amount of fine issued for parking infractions
within the City.
Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section/subsection numbering.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2019.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Public Safety Committee
CC: Mayor Ekberg
FROM: Laurel Humphrey, Council Analyst
DATE: October 15, 2019
SUBJECT: Carryout Bag Ordinance
ISSUE
Single -use plastic bags cause significant problems for our community, including harm to
rivers and wildlife, clogging and contamination in recycling facilities, litter on roads and in
waterways, and more. Paper bags are an improvement because they are recyclable and made
from a renewable resource, but they still require resources and fuel to manufacture and
transport. Councilmember Robertson requested and received Council consensus to consider
an ordinance that would regulate the use of bags at retail stores.
BACKGROUND
Since Edmonds led the pack in 2010, over 30 jurisdictions in Washington State have banned
the use of single -use plastic bags at retail stores. A bill that would have enacted this law at
the state level passed the State Senate earlier this year but ultimately failed. It is possible that
a statewide bag ban will pass in the next or future session(s).
The proposed ordinance is closely aligned with the bill that was in the legislature as well as
with other local bag ordinances that have recently been passed. Under the proposal:
• All Tukwila retail stores would be prohibited from providing customers with single -use
plastic carryout bags.
• Retail stores in Tukwila could provide customers with any size recyclable paper or
reusable carryout bags, however stores must charge and retain a small pass -through
fee for paper bags of 1/8 barrel (882 cubic inches) or larger containing at least 40%
post -consumer recycled fiber, or for plastic film bags 2.25 mils thick.
• Retail stores could provide smaller paper bags for a fee or no cost at their discretion.
• Retail stores could provide non -film plastic reusable bags for a fee or no cost at their
discretion.
• Violations would constitute a Class I civil infraction, carrying a maximum $250 fine.
Exemptions
• Customers using state or federal food assistance programs would not have to pay the
pass -through bag fee.
• Plastic bags used for bulk items or to protect vegetables, meat, fish and poultry,
frozen foods, flowers, deli foods, restaurant take-out, or other items where moisture is
a problem would still be allowed.
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INFORMATIONAL MEMO
Page 2
• Dry-cleaner, newspaper and door -hanger bags and plastic bags sold in packages
containing multiple bags intended for waste would still be allowed.
Effective Date
If the City Council adopts this legislation, the City Council would pick an effective date 6-12
months out to allow retailers and customers time to prepare. The City would work with
businesses and provide communication assistance to educate customers, as well as provide
robust outreach to the residential community via its various media channels.
Enforcement
The draft ordinance proposes violations to be a Class I civil infraction subject to enforcement
as prescribed in Tukwila Municipal Code TMC Chapter 8.45. TMC 8.45 states that the Code
Enforcement Officer is authorized to enforce civil provisions, but the CE Officer may call upon
other appropriate City departments to assist in enforcement. TMC 8.45 also provides for
voluntary correction and requests for compliance prior to the issuing of any infractions, and it
can be reasonably predicted that future complaints could be addressed by working with the
business to provide education about the ordinance. Staff reached out to the cities of
Issaquah, Tacoma, Shoreline, and Kenmore for feedback on how their bag regulations
impacted workload, and all replied that enforcement impacts have been minimal, and that
education is key.
Outreach
Staff would like to ensure that the public is aware that the City Council is considering this
legislation and that comments are welcome at the November 12, 2019 Public Hearing, or to
the City Council email inbox, or by phone to Councilmembers or the Council Analyst.
Outreach efforts (already complete or in process) include briefing the Community
Development & Neighborhoods Committee, Seattle Southside Chamber of Commerce, Zero
Waste Washington, school district(s), mailing or in -person visits to retailers, Lodging Tax
Advisory Committee, Equity and Social Justice Commission, City website and social media,
October E-Hazelnut, the Public Hearing distribution list, neighborhood social media groups,
and more as appropriate. If the City Council passes this legislation, a separate education and
outreach plan will be developed for use prior to the effective date selected by the City
Council.
RECOMMENDATION
Staff is seeking a Committee recommendation on the proposed ordinance and has scheduled
a Public Hearing at the Committee of the Whole meeting on November 12, 2019. The
Committee of the Whole can send the ordinance for final action on November 18 or December
2, or a Special Meeting.
ATTACHMENTS
Draft Ordinance
6
AFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REDUCING POLLUTION AND
PROMOTING ENERGY CONSERVATION BY REGULATING
THE USE OF BAGS AT RETAIL ESTABLISHMENTS, TO BE
CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 5.61;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the Washington State Legislature in RCW 70.95.010(6)(c) found that it
is the responsibility of city governments "to assume primary responsibility for solid waste
management and to develop and implement aggressive and effective waste reduction
and source separation strategies;" and
WHEREAS, plastic carryout bags are made of nonrenewable resources and can take
hundreds of years to break down into toxic particles which can seep into the soil,
waterways, lakes, and bays, posing a threat to animal life and the natural food chain; and
WHEREAS, while paper carryout bags are made of renewable resources, they
require significant resources to manufacture, transport and recycle or dispose of; and
WHEREAS, less reliance on single -use plastic and paper carryout bags contributes
toward the conservation of energy and natural resources while reducing greenhouse
gases and litter; and
WHEREAS, alternatives to single -use plastic and paper carryout bags are
convenient, functional, and widely available; and
WHEREAS, the City Council finds it to be in the best interest of the public health,
safety, and welfare of its community members to conserve resources, reduce greenhouse
gas emissions, waste, litter, and marine pollution, and to protect wildlife; and
WHEREAS, the City Council further finds it to be in the best interest of the public
health, safety, and welfare of its community members to reduce the use of single -use
plastic and paper carryout bags in the City of Tukwila;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Regulations Established. Tukwila Municipal Code Chapter 5.61, "Retail
Carryout Bags," is hereby established to read as follows:
CHAPTER 5.61
RETAIL CARRYOUT BAGS
Sections:
5.61.010 Definitions
5.61.020 Carryout Bag Regulations
5.61.030 Exemptions
5.61.040 Violation — Penalty
Section 2. Regulations Established. Tukwila Municipal Code (TMC) Section
5.61.010, "Definitions," is hereby established to read as follows:
5.61.010 Definitions
A. "Carryout bag" means any bag that is provided by a retail establishment at home
delivery or at the check stand, cash register, point of sale, or other point of departure to a
customer for use to transport or carry away purchases. Carryout bags do not include:
1. Bags used by consumers inside stores to:
a. Package bulk items, such as fruit, vegetables, nuts, grains, candy,
greeting cards, or small hardware items such as nails, bolts, or screws;
b. Contain or wrap items where dampness or sanitation might be a problem
including, but not limited to:
(1) Frozen foods;
(2) Meat;
(3) Fish;
(4) Flowers; and
(5) Potted plants;
c. Contain unwrapped prepared foods or bakery goods;
d. Contain prescription drugs; or
e. Protect a purchased item from damaging or contaminating other
purchased items when placed in a recycled content paper carryout bag or reusable carryout
bag; or
f. Newspaper bags, door hanger bags, laundry/dry cleaning bags, or bags
sold in packages containing multiple bags for uses such as food storage, garbage, or pet
waste.
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B. "Recycled content paper bag" means a paper carryout bag that is:
1. Composed of a minimum of 40% post -consumer recycled material;
2. Accepted for recycling in curbside programs in a majority of households that
have access to curbside recycling programs in the City;
3. Capable of composting, consistent with the timeline and specifications of the
American Society of Testing and Material (ASTM) Standard D6400, as published in Master
Environmental Assessment on Single Use and Reusable Bags, March 2010; and
4. Printed with an exterior label indicating the minimum percentage of post -
consumer recycled content.
C. "Pass -through charge" means a charge to be collected by retailers from their
customers when providing recyclable paper bags and reusable carryout bags made of film
plastic, and retained by retailers to offset the cost of bags and other costs related to the
pass -through charge.
D. "Retail establishment" means any person, corporation, partnership, business,
facility, vendor, organization, or individual in the City of Tukwila that sells or provides
merchandise, goods or materials directly to a consumer. Retail establishment includes,
without limitation, any grocery store, supermarket, department store, hardware store,
pharmacy, liquor store, restaurant, catering truck, home delivery, convenience store,
gasoline station, temporary stores, and any other retail store or vendor, including temporary
ones at farmers markets, street fairs, and festivals.
E. "Reusable bag" means a carryout bag made of cloth, or other durable material, with
handles that is specifically designed and manufactured for long-term multiple reuse and
meets the following requirements:
1. Has a minimum lifetime of 125 uses, which for purposes of this subsection,
means the capability of carrying a minimum of 22 pounds 125 times over a distance of at
least 175 feet;
2. Is machine washable or made from a durable material that can be cleaned or
disinfected; and
3. If made of film plastic, is a minimum of at least two and one-fourth mils thick.
F. "Single -use plastic bag" means any carryout bag that is less than two and one-
fourth (2.25) mils thick and is designed and suitable only to be used once and disposed.
Section 3. Regulations Established. TMC Section 5.61.020, "Carryout Bag
Regulations" is hereby established to read as follows:
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5.61.020 Carryout Bag Regulations
A. Except as provided in TMC Sections 5.61.020 and 5.61.030, a retail establishment
may not provide to a customer:
1. A single -use plastic bag; or
2. A paper carryout bag with a manufacturer's stated capacity of one -eighth barrel
(882 cubic inches) or larger that is not a recycled content paper bag.
B. A retail establishment may provide a recycled paper bag or reusable carryout bag
of any size to a customer at the point of sale.
1. Any retail establishment that provides a customer with a recycled paper bag or
a reusable carryout bag made of film plastic shall collect and retain a pass -through charge
of not less than $0.08 for each bag provided. This is a taxable retail sale that must be shown
on all receipts provided to customers.
2. A retail establishment may make reusable bags available to customers through
sale or otherwise.
Section 4. Regulations Established. TMC Section 5.61.030, "Exemptions," is
hereby established to read as follows:
5.61.030 Exemptions
A. No retail establishment may collect a pass -through charge from anyone using a
voucher or electronic benefits card issued under programs including, but not limited to,
Women Infants and Children (WIC); Temporary Assistance to Needy Families (TANF);
Federal Supplemental Nutrition Assistance Program (SNAP), also known as Basic Food;
and the Washington State Food Assistance Program (FAP).
B. Food banks and other food assistance programs are exempt from the requirements
of this chapter but are encouraged to take actions to reduce the use of single -use plastic
carryout bags.
Section 5. Regulations Established. TMC Section 5.61.030, "Violation — Penalty,"
is hereby established to read as follows:
5.61.040 Violation — Penalty
A. Violations of the provisions of this chapter constitute a Class I civil infraction
pursuant to Chapter 7.80 RCW. Each day of any violation is a separate civil infraction.
B. Issuance and disposition of infractions for violations of this chapter are subject to
enforcement as prescribed in TMC Chapter 8.45.
C. It shall be a violation of this chapter for any retail establishment to penalize,
discipline, or discriminate against any employee for performing any duty necessary to
comply with this chapter.
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Section 6. Corrections by City Clerk or Code Reviser. Upon approval of the City
Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to other
local, state or federal laws, codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
Section 7. 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 8. 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 six months
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 , 2019.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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