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Home My WebLink AboutCAP 2013-07-08 COMPLETE AGENDA PACKETCity of Tukwila Community Affairs & Parks Committee O Allan Ekberg, Chair O De'Sean Quinn O Kate Kruller AGENDA Distribution: A. Ekberg D. Quinn K. Kruller K. Hougardy D. Robertson Mayor Haggerton D. Cline C. O'Flaherty S. Kerslake K. Mate] L. Humphrey J. Pace B. Giberson MONDAY, JULY 8, 2013 — 5:15 PM CONFERENCE ROOM #3 (at east entrance of City Hall) Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. An ordinance regarding renewal of the moratorium a. Forward to 7/22 C.O.W. Pg.1 on medical cannabis collective gardens and for Public Hearing and dispensaries. 8/5 Regular Mtg. Jack Pace, Community Development Director b. An ordinance regarding marijuana processing, producing and retailing. b. Forward to 7/22 C.O.W. for Public Hearing and Pg.15 Jack Pace, Community Development Director 8/5 Regular Mtg. c. An agreement for King County acquisition services c. Forward to 7/22 C.O.W. Pg.21 for Duwamish Gardens. and 8/5 Regular Mtg. Bob Gberson, Public Works Director d. Grant acceptance from the King Conservation d. Forward to 7/15 Consent Pg.27 District for Duwamish Gardens. Agenda. Bob Gberson, Public Works Director e. Duwamish neighborhood trail crossing. e. Information only. Pg.41 Bob Gberson, Public Works Director 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Monday, July22, 2013 The 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. TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks FROM: Jack Pace, Department of Community Development Director BY: Stacy MacGregor, Assistant Planner DATE: June 25, 2013 SUBJECT: Renewal of Moratorium on Medical Cannabis Collective Gardens and Dispensaries ISSUE Should the City renew a moratorium on medical cannabis collective gardens and dispensaries? BACKGROUND In 2011, the Washington State legislature passed ESSB 5073, codified as RCW 69.51A, creating rules regarding medical cannabis patients, collective gardens, and medical cannabis dispensaries. The Governor vetoed portions of the bill. The partial veto created conflicts in the remaining portions of the bill but the general assumption is that dispensaries are prohibited by the veto but "qualifying patients" can participate in "collective gardens". The bill does allow local jurisdictions to adopt and enforce requirements for zoning, business licensing, health and safety and business taxes related to the "production, processing, or dispensing of cannabis and cannabis products within their jurisdiction." (RCW 69.51A.130) On August 15, 2011, the City Council enacted Ordinance No. 2348 placing a moratorium on cannabis collective gardens and dispensaries expecting the state to provide clarification on the statutes and the conflicts created by the partial veto. Ordinance 2350 was adopted as findings. In the 2012 legislative session, clarification was not provided but several initiatives addressing cannabis were pending with the state legislature. On August 6, 2012, the City Council enacted City Council Ordinance No.2379, which renewed a one year moratorium on medical cannabis collective gardens and dispensaries. The established moratorium is set to expire at midnight on August 13, 2013. In November 2012, Initiative 502 was passed decriminalizing recreational marijuana use and allowing for state licensed recreational marijuana retailers, processors and producers. The new law did nothing to change the medical cannabis law. The two laws are overseen by different state agencies and among other issues, provide different levels of oversight, licensing, and quantities of marijuana for possession and production. While a state budget has not yet been adopted, the provisional language in both the state house and senate budgets included direction to the state liquor control board to harmonize the medical cannabis and recreational marijuana laws. DISCUSSION Given that the state now allows local jurisdictions to exercise police powers to limit medical cannabis while simultaneously establishing a licensing mechanism for recreational marijuana, and, given that the state legislature may take up these conflicts in the next legislative session; it is prudent to wait until after the rules for implementation are issued and until after the next legislative session before developing regulations. 1 2 INFORMATIONAL MEMO Page 2 FINANCIAL IMPACT None RECOMMENDATION The Committee is being asked to forward the ordinance to the July 22, 2013 Committee of the Whole meeting and subsequent August 5, 2013 Regular Meeting. ATTACHMENTS • Draft Ordinance • Ordinance 2379 (to be repealed) • Ordinance 2350 (to adopt as finding) W:12013 Info Memos-CouncillMedical MJ.doc DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A MORATORIUM WITHIN THE CITY OF TUKWILA ON THE ESTABLISHMENT, LOCATION, OPERATION, LICENSING, MAINTENANCE OR CONTINUATION OF MEDICAL CANNABIS COLLECTIVE GARDENS OR DISPENSARIES, ASSERTED TO BE AUTHORIZED OR ACTUALLY AUTHORIZED UNDER E2SSB 5073, CHAPTER 181, LAWS OF 2011, CHAPTER 69.51A REVISED CODE OF WASHINGTON, OR ANY OTHER LAWS OF THE STATE OF WASHINGTON; REPEALING ORDINANCE NO. 2379; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has the authority to adopt a moratorium pursuant to RCW 35A.63.220; and WHEREAS, on August 15, 2011, the Tukwila City Council adopted Ordinance No. 2348, which declared an emergency necessitating the immediate imposition of a moratorium on the establishment, location, operation, licensing, maintenance or continuation of medical cannabis collective gardens or dispensaries, asserted to be authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised Code of Washington, or any other laws of the State of Washington; and WHEREAS, on October 3, 2011, the Tukwila City Council conducted a public hearing and heard testimony regarding the City's moratorium, and following the public hearing the City Council adopted Ordinance No. 2350, which adopted findings of fact to justify the moratorium adopted by Ordinance No. 2348; and WHEREAS, on August 6, 2012 the Tukwila City Council adopted Ordinance No. 2379, renewing the 12 -month moratorium on medical cannabis collective gardens or dispensaries because it was believed that the Washington State Legislature would address the subject during the 2012 Legislative Session; and WHEREAS, medical marijuana was not addressed during the 2012 Legislative Session and no clarity regarding state and federal regulations related to the licensing, establishment, maintenance, or continuation of any medical cannabis collective garden is currently available; and W: Word Processing \Ordinances \Moratorium on marijuana collective gardens- renewed 6 -24 -13 SM:bjs Page 1 of 4 3 WHEREAS, since the enactment of Ordinance Nos. 2348 and 2379, Initiative 502 was passed by the voters of the State of Washington, providing a framework under which recreational marijuana producers, processors, and retailers can become licensed by the State of Washington; and WHEREAS, the Washington State Legislature has not yet adopted a budget, but has included provisionary language in both the House and Senate draft budgets to direct the Washington State Liquor Control Board to rectify the inconsistencies between the medical cannabis and recreational marijuana legislation during the January-March 2014 Legislative Session; and WHEREAS, the City has diligently pursued this issue and continues to develop a work program to analyze potential changes to City zoning regulations that may be necessary to address changes in state or federal law, but needs additional clarity from the Washington State Legislature in order to develop a workable set of recommendations for local land use controls for safe and effective regulation of collective gardens in the community; and WHEREAS, the moratorium adopted by Ordinance No. 2379 will expire before the State has rectified the inconsistencies between recreational marijuana and medical cannabis; and WHEREAS, the City deems it in the public interest to renew the current moratorium continued by Ordinance No. 2379 until a period at least 60 days after the close of the 2014 Legislative Session in order to investigate this issue further, obtain regulatory clarity and guidance on how to proceed, and then to adopt City regulations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Moratorium Renewed. The City hereby renews the moratorium previously imposed on the establishment, location, operation, licensing, maintenance or continuation of medical cannabis collective gardens or dispensaries, asserted to be authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised Code of Washington, or any other laws of the State of Washington. Section 2. Public Hearing. Pursuant to RCW 35A.63.220 and following adequate public notice, a public hearing was held on July 22, 2013 to hear testimony regarding the City's moratorium. Section 3. Duration. The moratorium renewed herein shall be in effect until May 31, 2014, unless extended by the City Council, pursuant to state law. Section 4. Definitions. As used in this ordinance, the following terms have the meanings set forth below: W: Word Processing\Ordinances\Moratorium on marijuana collective gardens-renewed 6-24-13 SM:bjs 4 Page 2 of 4 A. "Medical marijuana dispensary" means any business, agency, organization, cooperative, network, consultation operation, or other group or person, no matter how described or defined, including its associated premises and equipment, which has for its purpose or which is used to grow, select, measure, package, label, deliver, sell, or otherwise transfer (for consideration or otherwise) marijuana for medical use. One individual person who is the designated provider for only one qualified patient during any 15-day period, and who complies with Chapter 69.51A RCW, shall not be deemed a medical marijuana dispensary for the purposes of this moratorium. B. "Medical marijuana collective garden" means a group of qualifying patients that share responsibility for acquiring and supplying the resources required to produce and process marijuana for medical use. Examples of collective garden resources would include, without limitation, the following: property used for a collective garden; or equipment, supplies, and labor necessary to plant, grow and harvest marijuana; marijuana plants, seeds, and cuttings; and equipment, supplies, and labor necessary for proper construction, plumbing, wiring, and ventilation of a garden of marijuana plants. A medical marijuana collective garden shall satisfy the above definition regardless of its formation, ownership, management, or operation as a business, agency, organization, cooperative, network, consultation operation, group, or person. One individual person who is the designated provider for only one qualified patient during any 15-day period and who complies with Chapter 69.51A RCW, or an individual person who is a qualified patient and who complies with 69.51A RCW, shall not be deemed a medical marijuana collective garden for the purposes of this moratorium. Section 5. No Non-conforming Uses. No use that constitutes or purports to be a medical marijuana dispensary or medical marijuana collective garden as those terms are defined in this ordinance, that was engaged in that activity prior to the enactment of this ordinance shall be deemed to have been a legally established use under the provisions of the Tukwila Municipal Code and that use shall not be entitled to claim legal non-conforming status. Section 6. Adoption of Findings of Fact. The City Council adopts the findings of facts contained in Ordinance No. 2350, by this reference, as well as the "Whereas" clauses contained herein. Section 7. Work Program. The Director of Community Development and/or his/her designee is hereby authorized and directed to address issues related to determining the legality of medical marijuana dispensaries and collective gardens including but not limited to review of the conflict between state and federal law regarding the legality of zoning and licensing of medical marijuana uses under any circumstances and notwithstanding the enactment by the legislature of RCW 69.51A. In the event that such uses are ultimately determined to be legal, the work program should also develop appropriate land use regulations pursuant to the newly amended law for review and recommendation for inclusion in the zoning regulations or other provisions of the Tukwila Municipal Code. Further, beyond the extent established by the Washington State Liquor Control Board, the work program should also coordinate W: Word Processing\Ordinances\Moratorium on marijuana collective gardens-renewed 6-24-13 SM:bjs Page 3 of 4 5 medical cannabis rules and regulations with the recreational marijuana rules and regulations established under Initiative 502. The Finance Director and/or his/her designee is hereby authorized and directed to develop appropriate business licensing and other regulations pursuant to the newly amended law for review and recommendation for inclusion in the zoning regulations or other provisions of the Tukwila Municipal Code. Section 8. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 9. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 10. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Moratorium on marijuana collective gardens-renewed 6-24-13 SM:bjs 6 Page 4 of 4 City of Tukwila Washington Ordinance No. 2379 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A 12 -MONTH MORATORIUM WITHIN THE CITY OF TUKWILA ON THE ESTABLISHMENT, LOCATION, OPERATION, LICENSING, MAINTENANCE OR CONTINUATION OF MEDICAL CANNABIS COLLECTIVE GARDENS OR DISPENSARIES, ASSERTED TO BE AUTHORIZED OR ACTUALLY AUTHORIZED UNDER E2SSB 5073, CHAPTER 181, LAWS OF 2011, CHAPTER 69.51A REVISED CODE OF WASHINGTON, OR ANY OTHER LAWS OF THE STATE OF WASHINGTON; REPEALING ORDINANCE NO. 2348; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has the authority to adopt a moratorium pursuant to RCW.35A.63.220; and WHEREAS, on August 15, 2011, the Tukwila City Council adopted Ordinance No. 2348, which declared an emergency necessitating the immediate imposition of a moratorium on the establishment, location, operation, licensing, maintenance or continuation of medical cannabis collective gardens or dispensaries, asserted to be authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised Code of Washington, or any other laws of the State of Washington; and WHEREAS, on October 3, 2011, the Tukwila City Council conducted a public hearing and heard testimony regarding the City's moratorium, and following the public hearing the City Council adopted Ordinance No. 2350, which adopted findings of fact to justify the moratorium adopted by Ordinance No. 2348; and WHEREAS, after adoption of the City's moratorium, and despite calls from other Washington State cities, the Washington State Legislature has failed to provide clarification on the statutes relating to cannabis collective gardens and /or dispensaries; and WHEREAS, several initiatives are currently pending with the Washington Secretary of State's Office addressing the issue of cannabis; and W: Word Processing \OrdinancesUVloratorium on marijuana collective gardens- renewed 6 -27 -12 BM:bjs Page 1 of 4 7 WHEREAS, the moratorium adopted by Ordinance No. 2348 will expire before the initiatives go before the people of the State of Washington and, if adopted, before the initiatives would be enacted into law; and WHEREAS, the City is not in the position to expend scarce resources in developing regulations that may be rendered obsolete in a very short time, based on action taken at the State level; and WHEREAS, the City desires to wait for the outcome of the vote on these initiatives and, if passed by the people, to determine any impact these initiatives may have (either directly or indirectly) on requirements relating to cannabis collective gardens and/or dispensaries; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Moratorium Renewed. The City hereby renews the moratorium previously imposed on the establishment, location, operation, licensing, maintenance or continuation of medical cannabis collective gardens or dispensaries, asserted to be authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised Code of Washington, or any other laws of the State of Washington. Section 2. Public Hearing. Pursuant to RCW 35A.63.220 and following adequate public notice, a public hearing was held on July 23, 2012 to hear testimony regarding the City's moratorium. Section 3. Duration. The moratorium renewed herein shall be in effect until August 14, 2013, unless extended by the City Council, pursuant to State law. Section 4. Definitions. As used in this ordinance, the following terms have the meanings set forth below: A. "Medical marijuana dispensary" means any business, agency, organization, cooperative, network, consultation operation, or other group or person, no matter how described or defined, including its associated premises and equipment, which has for its purpose or which is used to grow, select, measure, package, label, deliver, sell, or otherwise transfer (for consideration or otherwise) marijuana for medical use. One individual person who is the designated provider for only one qualified patient during any 15-day period and who complies with Chapter 69.51A RCW, shall not be deemed a medical marijuana dispensary for the purposes of this moratorium. B. "Medical marijuana collective garden" means a group of qualifying patients that share responsibility for acquiring and supplying the resources required to produce and process marijuana for medical use. Examples of collective garden resources would include, without limitation, the following: property used for a collective garden; or equipment, supplies, and labor necessary to plant, grow and harvest marijuana; marijuana plants, seeds, and cuttings; and equipment, supplies, and labor necessary for proper construction, plumbing, wiring, and ventilation of a garden of marijuana W: Word Processing \Ordinances\Moratorium on marijuana collective gardens-renewed 6-27-12 BM:bjs 8 Page 2 of 4 plants. A medical marijuana collective garden shall satisfy the above definition regardless of its formation, ownership, management, or operation as a business, agency, organization, cooperative, network, consultation operation, group, or person. One individual person who is the designated provider for only one qualified patient during any 15-day period and who complies with Chapter 69.51A RCW, or an individual person who is a qualified patient and who complies with 69.51A RCW, shall not be deemed a medical marijuana collective garden for the purposes of this moratorium. Section 5. No Non-conforming Uses. No use that constitutes or purports to be a medical marijuana dispensary or medical marijuana collective garden as those terms are defined in this ordinance, that was engaged in that activity prior to the enactment of this ordinance shall be deemed to have been a legally established use under the provisions of the Tukwila Municipal Code and that use shall not be entitled to claim legal non-conforming status. Section 6. Adoption of Findings of Fact. The City Council adopts the findings of facts contained in Ordinance No. 2350, by this reference, as well as the "Whereas" clauses contained herein. Section 7. Work Program. The Director of Community Development and/or his/her designee is hereby authorized and directed to address issues related to determining the legality of medical marijuana dispensaries, production facilities, and processing facilities including but not limited to review of the pending dispute between state and federal law enforcement authorities regarding the legality of medical marijuana under any circumstances and notwithstanding the enactment by the legislature of RCW 69.51A. In the event that such uses are ultimately determined to be legal, the work program should also develop appropriate land use regulations pursuant to the newly amended law for review and recommendation for inclusion in the zoning regulations or other provisions of the Tukwila Municipal Code. The Finance Director and/or his/her designee is hereby authorized and directed to develop appropriate business licensing and other regulations pursuant to the newly amended law for review and recommendation for inclusion in the zoning regulations or other provisions of the Tukwila Municipal Code. Section 8. Repealer. Ordinance No. 2348 is hereby repealed. Section 9. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 10. 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\Moratorium on marijuana collective gardens-renewed 6-27-12 BM:bjs Page 3 of 4 9 Section It 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 JOF TUKWILA, WASHINGTON, at a Regular Meeting thereof this LoY 14 day of P(43 ckSer , 2012. ATTEST/AUTHENTICATED: 'Firev&J) Christy O'F erty, MMC, City rk APPR RM BY: ley Attorney Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Moratorium on marijuana collective gardens-renewed 6-27-12 BM:bjs 10 Page 4 of 4 City of Tukwila Washington Ordinance No. 2350 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO THE ESTABLISHMENT, LOCATION, OPERATION, LICENSING, MAINTENANCE OR CONTINUATION OF MEDICAL CANNABIS COLLECTIVE GARDENS OR DISPENSARIES, ASSERTED TO BE AUTHORIZED OR ACTUALLY AUTHORIZED UNDER E2SSB 5073, CHAPTER 181, LAWS OF 2011, CHAPTER 69.51A REVISED CODE OF WASHINGTON, OR ANY OTHER LAWS OF THE STATE OF WASHINGTON; ADOPTING FINDINGS OF FACT TO JUSTIFY THE MORATORIUM ADOPTED BY ORDINANCE NO. 2348; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on August 15, 2011, the Tukwila City Council passed Ordinance No. 2348, which declared an emergency necessitating the immediate imposition of a moratorium on the establishment, location, operation, licensing, maintenance or continuation of medical cannabis collective gardens or dispensaries, asserted to be authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised Code of Washington, or any other laws of the State of Washington; and WHEREAS, pursuant to RCW 35.63.200, RCW 35A.63.220 and RCW 36.70A, the City is required to hold a public hearing within 60 days of adoption of a moratorium and to adopt Findings of Fact; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Adoption of Findings of Fact. The City Council adopts the following Findings of Fact in support of the moratorium adopted by Ordinance No. 2348: 1. The possession or distribution of cannabis (marijuana) has been and continues to be a violation of state law, pursuant to Chapter 69.50 Revised Code of Washington (Washington's Uniform Controlled Substances Act), and federal law, through the Controlled Substances Act ( "CSA "). W: Word Processing \Ordinances\Medical Cannabis Findings of Fact 9 -27 -11 NG :bjs Page 1 of 4 11 2. Initiative Measure No. 692, approved by the voters of Washington State on November 30, 1998, and now codified as Chapter 69.51A RCW, created a limited defense to marijuana charges under state not federal—law if the person charged could demonstrate that he or she was a qualifying patient or designated provider as those terms are defined in Chapter 69.51A RCW. In 2007, the state legislature amended the law, and in 2011 the state legislature passed a third amendment to the law (E2SSB 5073, Chapter 181, Laws of 2011), portions of which the Governor vetoed. The newly amended law took effect on July 22, 2011. 3. Prior to issuing her partial veto, the Governor received a letter signed by Washington State's two U.S. Attorneys, Michael Ormsby and Jennifer Durkan. In their letter, they wrote that marijuana is a Schedule I controlled substance under federal law and, as such, "growing, distributing and possessing marijuana in any capacity, other than as part of a federally authorized research program, is a violation of federal law regardless of state laws permitting such activities." These U.S. Attorneys also concluded, "state employees who conducted activities mandated by the Washington legislative proposals would not be immune from liability under the CSA". 4. Because the Governor vetoed 36 of the 58 sections of the Legislature's bill amending Chapter 69.51A RCW, the law, in its final form, understandably has inconsistencies and ambiguities. For example, certain sections that were not vetoed make reference to other sections that were vetoed. 5. The recent amendments to Chapter 69.51A RCW change the scope and effect of the law. New sections affect the rights of qualifying patients and their designated providers. The law now allows "collective gardens" that provide for growing and cultivating up to 45 plants to serve no more than 10 qualifying patients. The law also provides other changes to the rights and responsibilities of medical marijuana patients and their designated providers. 6. The new law, however, clearly delegates to cities the authority to implement zoning requirements, business licensing requirements, health and safety requirements, and business taxes as those requirements and taxes relate to the production, processing, or dispensing of medical marijuana. In particular, local regulations could address ambiguities concerning the location and operation of collective gardens, and ensure that provisions related to designated providers are not used to establish a de facto dispensary when the authority for such uses was vetoed. 7. The City Council requires time to conduct appropriate research to understand the extent of the changes provided in the new law, to analyze impacts and potential liabilities under federal law, and to determine an appropriate regulatory framework for any new uses that are allowed under these laws. 8. The City must ensure that proposed locations for these operations are appropriate and that any potential secondary impacts arising from the operation of these uses or facilities are minimized and mitigated. These secondary impacts may include, W: Word Processing \Ordinances\Medical Cannabis Findings of Fact 9-27-11 NG:bjs 12 Page 2 of 4 but are not limited to, burglaries associated with the cash and marijuana maintained on the site, or an increase of other illegal activities, such as drug use, within the vicinity of these dispensaries. 9. In particular, and without limitation, staff should analyze the impacts of allowing these uses and facilities in residential zones as well as impacts arising from the proximity of these uses and facilities to schools, daycares, parks, religious and cultural facilities, jails and courthouses. Accordingly, the City Council finds that a zoning, licensing, and permitting moratorium should be established, pending local review of appropriate locations and design requirements of these operations, and impacts of the newly amended law and its interaction with federal law. 10. City staff has presented a staff report to the City Council that outlines a tentative schedule for examining the impacts associated with collective gardens and dispensaries. Given the complexity of examining the issues associated with collective gardens and dispensaries, the City will need at least one year to complete an in-depth analysis and to complete a public outreach program. 11. The City Council, following public notice, conducted a public hearing regarding the moratorium on October 3, 2011. 12. Although the City Council determines that a moratorium is necessary for the reasons established above, the City Council emphasizes that it understands the needs of persons suffering from debilitating or terminal conditions, as well as the benefits that approved medical use of marijuana may provide these persons. Nevertheless, given the complex legal and regulatory framework surrounding this issue, a moratorium remains necessary until the City Council can adequately address the competing interests at play. 13. The City Council has considered the foregoing facts, materials and testimony. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. W: Word Processing\Ordinances\Medical Cannabis Findings of Fact 9-27-11 NG:bjs Page 3 of 4 13 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,F THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this rV day of CI , 2011. ATTEST/AUTHENTICATED: Christy O'Flah4e , CMC, City Cler APPROVE BY: Jggerton, Filed with the City Clerk: Passed by the City Council: /0-zi--- fi Published: JO -6- Il Effective Date: / 0-1/,-11 Sh- -y M. Kers a Attorney Ordinance Number: W: Word Processing \Ordinances\Medical Cannabis Findings of Fact 9-27-11 NG:bjs 14 Page 4 of 4 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks FROM: Jack Pace, Department of Community Development Director BY: Stacy MacGregor, Assistant Planner DATE: June 26, 2013 SUBJECT: Establishment of a Moratorium on Marijuana Processing, Producing and Retailing. ISSUE Should the City establish a moratorium on recreational marijuana producers, processors, and retailers? BACKGROUND In the fall of 2012, the Washington voters passed Initiative 502 (1-502), which directs the Washington State Liquor Control board (LCB) to regulate (recreational) marijuana producers, processers and retailers. On May 17th, the Liquor Control Board released draft rules regarding the implementation of 1-502. On June 10th, the LCB announced a revised timeline for final adoption of regulations. The final rules are set to go into effect on September 14th, with applications for licenses being accepted during a 30-day window from mid-September to mid- October. The LCB will begin issuing licenses on December 1, 2013. This is sooner than expected and necessitates a moratorium while new code provisions are drafted to allow the city to consider the primary and secondary impacts of recreational commercial marijuana as a use. Under the draft rules, a local jurisdiction will be notified when a license application is filed with the LCB and the city will have 20 days to file written objections. The LCB's siting criteria will prohibit recreational marijuana commercial uses generally within 1,000 feet of schools, parks, recreation centers, transit centers, libraries, game arcades and child care centers. The Tukwila City Council may wish to create a zoning overlay to allow commercial recreational marijuana use only in certain zones in the city and/or subject to certain location standards. A local ordinance cannot preempt a state law to outright prohibit a use and the state statute may not preempt a local ordinance if the statute and the ordinance are not in conflict. DISCUSSION Given that the state is establishing a licensing mechanism for recreational marijuana, and, given the State Liquor Control Board will adopt final rules for 1-502 implementation only two and one- months before issuing licenses, and, given that the impacts of 1-502 have not been fully explored; it would is prudent to adopt a moratorium to allow the city time to draft a zoning code ordinance to coordinate city code with 1-502. FINANCIAL IMPACT None. 15 16 INFORMATIONAL MEMO Page 2 RECOMMENDATION The Committee is being asked to forward the ordinance to the July 22, 2013 Committee of the Whole meeting and subsequent August 5, 2013 Regular Meeting and direct the Director of Community Development to draft zoning code amendments for council consideration to implement 1-502. ATTACHMENTS Draft Ordinance W:\2013 Info Memos-Council\REC MJ.doc RAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A 6-MONTH MORATORIUM ON THE ESTABLISHMENT, LOCATION, OPERATION, LICENSING, MAINTENANCE OR CONTINUATION OF MARIJUANA PRODUCERS, PROCESSORS, AND RETAILERS AS REGULATED PURSUANT TO WASHINGTON STATE INITIATIVE 502; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has the authority to adopt a moratorium pursuant to RCW 35A.63.220; and WHEREAS, on November 6, 2012, Initiative 502 was passed by the voters of the State of Washington, providing a framework under which marijuana producers, processors, and retailers can become licensed by the State of Washington; and WHEREAS, Initiative 502 directs 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 WHEREAS, the WSLCB is expected to adopt new regulations on recreational marijuana on August 14, 2013, and to begin issuance of marijuana producer, processor and retail licenses to qualified applicants in December 2013; and WHEREAS, Section 69.51A.140 RCW delegates authority to cities and towns to adopt and enforce zoning requirements, business licensing requirements, health and safety requirements, and business taxes as exercises of the City's police powers; and W: Word Processing \Ordinances\Moratorium on marijuana producers-processors-retailers 6-26-13 SM:bjs Page 1 of 4 17 WHEREAS, marijuana production, processing, and retailing uses must be addressed in the City's zoning code, but the land use and secondary impacts of these uses are still largely unknown and the regulations that the City will need to address them are uncertain pending the Washington State Liquor Control Board's adoption of its licensing regulations and procedures; and WHEREAS, unless the City acts immediately to address marijuana-related uses, such uses may be able to locate in the City without regulation and thereby have adverse impacts on the City and its citizens; and WHEREAS, the City deems it in the public interest to impose a moratorium for a period of six months in order to investigate this issue further and obtain regulatory clarity and guidance from the WSLCB's rules; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Moratorium Established. The City hereby establishes a moratorium on the establishment of marijuana producers, processors, and retailers asserted to be authorized under Initiative No. 502. Section 2. Public Hearing. Pursuant to RCW 35A.63.220 and following adequate public notice, a public hearing was held on July 22, 2013 to hear testimony regarding the City's moratorium. Section 3. Duration. The moratorium herein shall be in effect until six months from the effective date noted below, unless extended by the City Council, pursuant to state law. Section 4. Definitions. As used in this ordinance, the following terms have the meanings set forth below: 1. "Marijuana" means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. W: Word Processing\Ordinances\Moratorium on marijuana producers-processors-retailers 6-26-13 SM:bjs 18 Page 2 of 4 2. "Marijuana processor" means a person licensed by the state liquor control board to process marijuana into useable marijuana and marijuana-infused products, package and label useable marijuana and marijuana-infused products for sale in retail outlets, and sell useable marijuana and marijuana-infused products at wholesale to marijuana retailers. 3. "Marijuana producer" means a person licensed by the state liquor control board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers. 4. "Marijuana retailer" means a person licensed by the state liquor control board to sell useable marijuana and marijuana-infused products in a retail outlet. 5. "Marijuana-infused products" means products that contain marijuana or marijuana extracts and are intended for human use. The term "marijuana-infused products" does not include useable marijuana. 6. "Useable marijuana" means dried marijuana flowers. The term "useable marijuana" does not include marijuana-infused products. Section 5. 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 6. Adoption of Findings of Fact. The City Council adopts as its preliminary findings the recitals set forth above. The Council may adopt additional findings in the event that additional evidence is presented to the City Council. Section 7. Work Program. The Director of Community Development and/or his/her designee is hereby authorized and directed to address issues related to determining the legality of marijuana production facilities, processing facilities, and retailing facilities, including but not limited to review of the conflict between state and federal law regarding the legality of zoning and licensing of recreational marijuana uses under any circumstances and notwithstanding the enactment by the legislature of Initiative 502. The work program should also develop appropriate land use regulations pursuant to the new state law and state licensing requirements for review and recommendation for inclusion in the zoning regulations or other provisions of the Tukwila Municipal Code. Such regulations shall permit the location of marijuana producers, marijuana processors, and marijuana retailers in the City to the extent, but only to the extent, authorized by state law and then only when in compliance with state licensing requirements and City regulations. Further, appropriate nuisance declaration and abatement provisions should be developed to address any violations of any new state or City regulations or licensing requirements. Such regulations shall be presented W: Word Processing\Ordinances\Moratorium on marijuana producers-processors-retailers 6-26-13 SM:bjs Page 3 of 4 19 to the Tukwila Planning Commission and Tukwila City Council for consideration and action in due course. The Finance Director and/or his/her designee is hereby authorized and directed to develop appropriate business licensing and other regulations pursuant to the newly amended law for review and recommendation for inclusion in the zoning regulations or other provisions of the Tukwila Municipal Code. Section 8. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 9. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 10. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Moratorium on marijuana producers-processors-retailers 6-26-13 SM:bjs 20 Page 4 of 4 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee FROM: Bob Giberson, Public Works Director By: Ryan Larson, Senior Program Manager DATE: July 5, 2013 SUBJECT: Duwamish Gardens Project No. 90630102 Agreement for King County Acquisition Services ISSUE Authorize the Mayor to sign an agreement with King County for land acquisition services. BACKGROUND The City acquired the Duwamish Gardens site in 2008 for future restoration as a salmon habitat site with minor park elements. The project is currently in the design phase with construction anticipated in spring of 2014. The Duwamish Gardens site is bounded by the Duwamish River on the south, East Marginal Wy S on the east, and a neighboring property owned by Amalfi Investments on both the north and east sides. Amalfi Investments has been in contact with the City since the site was purchased to determine if we would be willing to exchange a portion of the Duwamish Gardens site for a portion of the Amalfi property. Habitat specialists reviewed all of Amalfi's prior proposals and determined that they did not provide a net benefit to the habitat features and were rejected. Recently, Amalfi provided a proposal where the City would sell a small portion of approximately 2,700 SF of the existing Duwamish Gardens site near E Marginal Wy S to Amalfi Investments and Amalfi would then sell the City a larger portion of land totaling approximately 16,500 SF with 260 LF of river frontage. ANALYSIS Acquiring additional project area and river frontage for Duwamish Gardens provides a clear habitat benefit to the project. Staff has made preliminary contact with the granting agencies to determine if the sale of a portion of the existing site was feasible under the required deed restrictions placed on the property. Preliminary responses indicate that if we can replace any property that is being sold, show a net habitat benefit to the overall project, comply with all property acquisition /sale requirements, and keep the sale portion below $70,000 in value, we should be able to obtain approval from the various granting agencies for the exchange of property. King County provided real estate acquisition services for the original purchase of Duwamish Gardens and is now willing to provide these additional services for the proposed property exchange with Amalfi Investments. The real estate services contract with King County is $50,000, which is an appropriate amount for this effort. RECOMMENDATION Council is being asked to approve the acquisition services agreement with King County for the Duwamish Gardens project and consider this item at the July 22, 2013 Committee of the Whole and subsequent August 5, 2013 Regular Meeting. Attachments: Acquisition Map King County Agreement for Services W: \PW Eng \PROJECTS\A- DR Projects \Duwamish Gardens 06 -DRO2 (90630102)\Acquisition \Info Memo King County Agreement for Services - Land Exchange.docx 21 22 #.00?tdin Proposed Sale Area Proposed Acquisition Area • (J) Duwamish Gardens Proposed Land Exchange WW: \PW Eng \GIS \Projects \RyanL \Duwamish Gardens \DGproplandexchange.mxd Date: July 2, 2013 By: R. Linsao Photo Date: April 2012 24 AGREEMENT BETWEEN KING COUNTY AND THE CITY OF TUKWILA FOR ACQUISITION SERVICES FOR THE DUWAMISH GARDENS HABITAT RESTORATION ENHANCEMENT PROJECT THIS AGREEMENT is made and entered into by King County, Washington on behalf of King County ( "County ") and the City of Tukwila ( "City "), collectively referred to as "Parties." WHEREAS, the City is desirous of contracting with the County for the use of the County's staff and services necessary to acquire and/or exchange property; and WHEREAS, the County is agreeable to providing such services on the terms and conditions hereinafter set forth and in the mutual covenants and agreements herein contained; NOW, THEREFORE, it is covenanted and agreed as follows; I. The County agrees, by and through its Open Space Acquisitions Unit, to provide the services of contracting for appraisal, title and escrow, environmental reports and review and conducting reviews of title and appraisal reports, and right -of -way personnel to assist the City in its acquisition or exchange of property in connection with the surplus as directed by the City. Funding for said services will be through funds held by the County and /or CFI Funds and /or other City sources of funding. The County agrees to provide the services described herein, subject to available resources and consistent with the volume of County service activity upon receipt of a written request from the city. II. The City shall restrict the use of those properties acquired under this Agreement via deed restrictions to uses that are consistent with those recorded on the existing Duwamish Gardens property or consistent with current acquisition granting agency policies. III. The City shall not be called upon to assume any liability for the direct payment of any salaries, wages or other benefits to any County employee who is performing services for the City as provided in this agreement. IV. The County agrees to cover all County employees encompassed by this agreement with self insurance under the Industrial Insurance Act. V. For services rendered, the costs that will be billed by the County are determined as follows: 1. An amount equal to the normal hourly salary of the personnel involved for each hour involved in City work, plus 2. The actual additional costs incurred in the employment of that employee, which includes paid time off, employee benefits and office administrative expenses. 25 3. The actual total charges (salary and additional costs), dependent upon staff member assigned to project, are as follows (2013 rates): Title Work Appraisal Services Project Management 84.86 per hour 105.00 per hour 110.16 per hour These rates reflect actual 2013 costs. Rates will be adjusted annually in January to reflect actual staff and operating expenses. 4. Actual costs for title and title review, appraisal and appraisal review, administrative costs or other services required to acquire the property. 5. The total amount of payment to King County for this work shall not exceed $50,000 without express written modification of this Agreement signed by the City. VI. The County, while providing project management services to the City, shall also be responsible for reporting to the City all progress made and will provide an invoice for services billed at regular intervals. VII. This Agreement may be amended, altered, clarified, extended, or terminated only by the written agreement of the Parties hereto. VIII. This Agreement is not assignable by either Party, either in whole or in part. IX. The City shall observe and abide by all applicable requirements related to the procurement of goods and services as mandated by law. This Agreement will be effective the day of 2013 for a period of one year. IN WITNESS WHEREOF, authorizing representatives of the Parties hereto have signed their names in the spaces set forth below. CITY OF TUKWILA KING COUNTY, WASHINGTON BY BY TITLE TITLE DATE DATE APPROVED AS TO FORM: BY DATE 26 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Bob Giberson, Public Works Director By: Ryan Larson, Senior Program Manager DATE: July 5, 2013 SUBJECT: Duwamish Gardens Project No. 90630102 Accept Grant from the King Conservation District ISSUE Accept a grant from the King Conservation District (KCD) for the Duwamish Gardens Project. BACKGROUND The City acquired the Duwamish Gardens site in 2008 for future restoration as a salmon habitat site with minor park elements. The p ject is currently in the design phase and staff is in the process of obtaining all construction permits to clear the site of existing structures and secure construction funding. Construction is anticipated to begin in spring of 2014, provided that permitting is completed and all construction funding can be secured. The current construction cost estimate for Duwamish Gardens is $2,500,000. Staff worked with the WRIA 9 Habitat Team and applied for construction funding through the King County Flood Control District (KCFCD), Salmon Recovery Funding Board (SRFB), Aquatic Lands Enhancement Account (ALEA), Puget Sound Acquisition and Restoration Fund (PSAR) and KCD. To date, construction grant funding for $500,000 has been secured from KCFCD and this grant acceptance from the King Conservation District is for $300,000. Other grant funding opportunities are still pending. ANALYSIS King Conservation District provided acquisition and design funding for Duwamish Gardens. This KCD construction grant for $300,000 does not have specific matching fund requirements, but does require that the funds be used to construct the pr ject as described in the grant application. The funds can be used for construction and if needed, to facilitate the exchange of a portion of the existing site for a larger riverward portion of the neighboring property. RECOMMENDATION Council is being asked to approve the grant agreement with the King Conservation District for $300,000.00 for the Duwamish Gardens project and COOSid8[thiS item on the Consent Agenda of the July 15, 2013 Regular Meeting. Attachment: King Conservatio District Grant Agreement wAP*eng\ PROJECTS m'onp=jemmo=°°w Gardens 06-DRO2 (90630 Memo KCD Construction Grant Accept.docx 28 AGREEMENT FOR AWARD OF KING CONSERVATION DISTRICT WRIA FORUM GRANT Green - Duwamish- Central Puget Sound Watershed Forum (WRIA 9) City of Tukwila This Agreement is made between the King Conservation District Number 9, a municipal corporation in King County, Washington, located at 1107 SW Grady Way, Suite 130, Renton, WA 98057 (referred to herein as "District "), and City of Tukwila, a municipal corporation in King County, Washington, located at 6300 Southcenter Boulevard, Tukwila, WA 98188 (referred to herein as "Recipient "), for the purposes set forth herein. SECTION 1. RECITALS 1.1 Whereas, the District is a special purpose district organized and existing under authority of Chapter 89.08 RCW which engages in certain activities and programs to conserve natural resources, including soil and water, which activities are declared to be of special benefit to lands; and 1.2 Whereas, pursuant to RCW 89.08.400, King County has authorized and imposed a system of assessments to finance the activities and programs of the District; and 1.3 Whereas, pursuant to RCW 89.08.220, RCW 89.08.341 and /or Chapter 39.34 RCW, the District is authorized to enter into agreements with municipal entities and agencies (governmental or otherwise), or their designees, in order to carry out and facilitate the activities and programs of the District to conserve natural resources; and 1.4 Whereas, certain Watershed Forums were established in King County and through the voluntary association of agencies and entities situated within the particular watershed basins or areas (i.e., Snoqualmie Watershed Forum; Cedar /Lake Washington /Sammamish Watershed Forum; Green /Duwamish/Central Puget Sound Watershed Forum) for the purpose of addressing and responding to environmental needs within their respective watershed basins and in the region by cooperative efforts; and 1.5 Whereas, the Watershed Forums include representatives of jurisdictions that are located within or have a major interest in the management of Water Resources Inventory Areas (WRIA) 7, 8 and 9; and 1.6 Whereas, the District has reviewed the grant application submitted by Recipient and has determined that the application meets the requirements of Chapter 89.08 RCW, the District's policies and procedures for awarding grants and the funding principles established by King County's Regional Water Quality Committee; and 1.7 Whereas, the District and Recipient desire to enter into this Agreement for the purpose of establishing the terms and conditions relating to the District's award of a grant to Recipient. Page 1 of 4 29 SECTION 2. AGREEMENT 2.1 The District agrees to award Recipient a grant in the total amount of Three Hundred Thousand Dollars ($300,000.00) from 2010 -11 Assessments. Grant funds shall be used by Recipient solely for the perfoiniance of the work described in Exhibit A which is attached hereto and incorporated herein by this reference. The District shall pay the grant funds to Recipient in accordance with the District's policies and procedures, including but not limited to, the policies and procedures contained in the Member Jurisdiction & WRIA Forum Grant Application Instructions and Policies, provided that such funds have been collected and received by the District. 2.2 Recipient represents and warrants that it will only use the grant funds for the work described in Exhibit A, which may be amended by the parties pursuant to Paragraph 3.3 of the Agreement. Recipient shall be required to refund to the District that portion of any grant funds which are used for unauthorized work. Further, Recipient agrees to return to the District any grant funds that are not expended or remain after completion of the work covered by this Agreement. 2.3 Recipient acknowledges and agrees that the grant funds may only be expended on work which shall be entirely within the District's jurisdictional boundaries. The following municipal entities are not within the District's jurisdictional boundaries: Enumclaw, Federal Way, Milton, Pacific, and Skykomish. Recipient shall be required to refund to the District that portion of any grant funds which are used for work performed outside the District's jurisdictional boundaries. 2.4 In the event the scope of work authorized by this Agreement includes the use of grant funds to purchase houses located on real property within a flood hazard area, Recipient acknowledges and agrees that grant funds may only be used for such purposes if the houses to be purchased were constructed before floodplain mapping or sensitive areas regulations were in place for that area. Recipient shall be required to refund to the District that portion of any grant funds which are used for unauthorized purposes. 2.5 Recipient shall be required to provide the District with biannual financial and project progress reports, along with an annual summary report. Financial and project reports shall be due June 30 and November 30 each year. The Recipient shall also be required to submit to the District a final report which documents the Recipient's completion of the work in conformance with this Agreement within thirty (30) days after the completion of the work. The final report shall, among other things, summarize the project's successes and shall address the regional benefits accomplished by the work. The final report shall also identify any obstacles or challenges which were encountered during the work, along with general recommendations regarding ways to avoid such obstacles or challenges in the future. If requested, Recipient agrees to provide the District with additional financial or progress reports from time to time, at reasonable intervals. Page 2 of 4 30 2.6 Recipient's expenditures of grant funds shall be separately identified in the Recipient's accounting records. If requested, Recipient shall comply with other reasonable requests made by the District with respect to the manner in which project expenditures are tracked and accounted for in Recipient's accounting books and records. Recipient shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principals and to meet the requirements of all applicable state and federal laws. 2.7 Recipient shall be required to track project expenses using the Budget Accounting and Reporting System for the State of Washington ( "BARS "). 2.8 The District or its representative shall have the right from time to time, at reasonable intervals, to audit the Recipient's books and records in order to verify compliance with the terms of this Agreement. Recipient shall cooperate with the District in any such audit. 2.9 Recipient shall retain all accounting records and project files relating to this Agreement in accordance with criteria established in the Revised Code of Washington and the Washington State Archivist. 2.10 Recipient shall ensure that all work performed by Recipient or its employees, agents, contractors or subcontractors is performed in a manner which protects and safeguards the environment and natural resources and which is in compliance with local, state and federal laws and regulations. Recipient shall implement an appropriate monitoring system or program to ensure compliance with this provision. 2.11 Recipient agrees to indemnify, defend and hold harmless the District, its elected or appointed officials, employees and agents, from all claims, alleged liability, damages, losses to or death of person or damage to property allegedly resulting from the negligent or intentional acts of the Recipient or any of its employees, agents, contractors or subcontractors in connection with this Agreement. 2.12 Recipient agrees to acknowledge the District as a source of funding for this project on all literature, signage or press releases related to said project. SECTION 3. GENERAL PROVISIONS 3.1 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 3.2 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. No prior or contemporaneous representation, inducement, promise or agreement between or among the parties which relate to the subject matter hereof which are not embodied in this Agreement shall be of any force or effect. Page 3 of 4 31 3.3 No amendment to this Agreement shall be binding on any of the parties to this Agreement unless such amendment is in writing and is executed by the parties. The parties contemplate that this Agreement may from time to time be modified by written amendment which shall be executed by duly authorized representatives of the parties and attached to this Agreement. 3.4 Each party warrants and represents that such party has full and complete authority to enter into this Agreement and each person executing this Agreement on behalf of a party warrants and represents that he /she has been fully authorized to execute this Agreement on behalf of such party and that such party is bound by the signature of such representative. DISTRICT: RECIPIENT: By By Name Name Title Title Date Date Approved as to Form: Approved as to Foiiii: DISTRICT LEGAL COUNSEL: RECIPIENT'S ATTORNEY: By Name & ' L C . Fr o J Date s l 1 13 32 By Name Date Page 4 of 4 Exhibit A 34 King Conservation District RECEIVED MAR 15 2013 Member Jurisdiction & WRIA Forum Grant Program Grant Application Project Title: Duwamish Gardens Construction 2013 Applicant: City of Tukwila Contact: Ryan Larson Principal Partners (if any): WRIA 9 Salmon Recovery Team Title: Senior Engineer Address: 6300 Southcenter Blvd. Tukwila, WA 98188 Total Project Cost: $3,048,388 WRIA Funding ® Jurisdiction Funding E KCD Funding Requested: $300,000 Phone: 206 - 431 -2456 Project Start Date: January 2014 Fax: 206 -431 -3665 Project End Date: December 2014 E -mail: ryan.larson @tukwilawa.gov 1. Project Description - provide a brief description of the project that summarizes what you will do, how you will do it, and why you will do it. Consider the following in the answer to this question: what pressing need will be addressed by the project or what promising opportunity will be capitalized on? Who or what will benefit or be positively and negatively affected? This project would create almost an acre of shallow water habitat (mud flats surrounded by emergent marsh) ringed by over an acre of native upland vegetation. This project site was purchased for the purpose of creating habitat for juvenile salmonids, and represents one of the very few opportunities to create salmon habitat in the Duwamish subwatershed, where property values are high, and large, underdeveloped parcels along the river are rare. This project will add an acre of shallow water habitat along a stretch in the core transition zone area that is currently devoid of off - channel, shallow water habitat for almost a mile. Construction of this project will not only increase the chances for juvenile salmon to survive, but will provide the neighboring communities with riverfront views, an area for families to visit and relax, and access to the river for launching hand - carried boats (Figure 1). Duwamish Gardens is located in the Duwamish Estuary Transition Zone, where fresh water and saltwater mix. Research has shown that recovery of Chinook salmon in the Green /Duwamish watershed is dependent on creating shallow water habitat in this zone, so juvenile Chinook and other salmonids can feed and grow as they transition to saltwater. These larger juvenile fish will be better able to avoid predation in Puget Sound and return to spawn. The Duwamish subwatershed once had over 1,300 acres of wetlands; today, it has only 3% of that area. These funds will be used to pay for a portion of the $3.05 million estimated for project construction. The funds will be combined with other revenue sources, and used for relocating underground utilities, clearing and grading, excavating and properly disposing of shallow contaminated soils, excavating up to 45,000 cubic yards of material to create shallow water habitat, and hauling materials. Other funding sources include: Member Jurisdiction & WRIA Forum Grant Application - March 14, 2013 - Page 1 of 6 35 • Salmon Recovery Funding Board and Puget Sound Acquisition and Restoration grant ($1,104.843 grant proposed for 2013 round), and • King County Cooperative Watershed Management grants ($500,000 approved in 2012 and an additional grant for approximately $800,000 proposed for 2013). If the opportunity arises, funds may be used to exchange an upland portion of the site for additional shoreline to the west of the project site, and increase the area of habitat creation. Previous KCD grants have been used for acquisition negotiations in 2007 and towards design and permitting of the restoration project in 2010. 2. Natural Resource Improvement Actions - describe how the project will address a minimum of one of the natural resource improvement actions described on page 1 of the application instructions. Consider the following in your answer to this question: What natural resources will be improved? What are the known needs, gaps or deficits that will be addressed? What are the known benefits to soil, water, air, plants, fish and wildlife, landowners? This project will address the improvement action "Direct Improvement of Natural Resource Conditions." Opportunities to create ideal salmonid habitat in the Duwamish subwatershed are extremely limited because of the lack of underdeveloped shoreline in this industrial -zoned basin. The 2.16 acre site will be changed from an abandoned lot with a steep bank and invasive vegetation, to a shallow water habitat ringed by native riparian trees, shrubs and perennials, a viewing area with interpretive signage, a foot trail, and access to launch hand - carried boats. The shallow water habitat will help offset the loss of 97% of the wetland area that existed before the lower Duwamish waterway was created. This habitat is of critical importance to migrating juvenile salmonids, including Chinook, chum, steelhead, and others. This off - channel shallow water habitat will be a refuge from the main channel, especially during storms and high tides, offering small fish a place to rest and feed on the myriad of insects that will grow in the native forest and marsh vegetation to be planted; research shows that terrestrial insects are extremely important in the diet of juvenile Chinook. The banks at the site are currently dominated by Himalayan blackberry. The banks will be lengthened by the excavation, and riparian plantings will increase the plant diversity and volume by height alone, by adding native conifers and deciduous trees. This will benefit other wildlife as well, in particular, invertebrates and birds. Air quality may be improved with the additional plants, of benefit to the Duwamish and Puget Sound. In design workshops, residents from nearby neighborhoods stressed that they desire more access to the river for viewing, walking, picnicking, and launching boats, and this site will provide them new opportunities. 3. Project Activities and Measurable Results - using the table below, list specific project activities to be completed, the timetable for the activities, and the deliverables associated with those activities. Consider the following in your answer to this question: What actions, interventions, programs, services will be deployed? Activity Description Deliverables Timeline Member Jurisdiction & WRIA Forum Grant Application - January 23, 2012 - Page 9 of 6 36 1. Clearing and Grubbing Site cleared of vegetation and any remaining debris 3/2014 - 5/2014 2. Remove and dispose of Contaminated soil removed or 4/2014 - contaminated soils moved to appropriate area on site 6/2014 3. Relocate or remove utilitiy in Utilitties removed, moved, or 3/2014 - conflict abandoned 6/2014 4. Excavate material Removal of materials on site to 4/2014 - allow for construction of the habitat and park features 11/2014 5. Acquisition: Swap upland Northeast corner of property 1/2014 - portion of site for adjacent shoreline, if the opportunity arises exchanged for shoreline to west of site if neighboring property owner is amenable 6/2014 4. Effectiveness (see page 2 of application instructions for definition) - describe how the project will effectively implement the natural resource improvement measures identified in question No. 2 above. Consider the following in your answer to this question: Why is the primary applicant the best entity to deliver the proposed program /service /intervention? What is the capacity of the primary applicant to deliver the proposed program /service /intervention? What tools, services and partners will be brought to bear? The City of Tukwila owns the project site, and has the experience and ability to manage the project and hire experienced contractors to complete the work. The project manager has been very dedicated to implementing this project since 2007, and is working closely with WRIA 9 staff to fully fund the construction of this project, which is a high priority in the WRIA 9 Salmon Habitat Plan: Making our Watershed Fit for a King. A design consultant has been working closely with the city, WRIA 9 staff, and the many project stakeholders and permitting agencies to design the project to maximize the benefit to the environment and neighborhood, while also respecting cultural resources. A citizen's committee has been convened, and will continue to give input into the final design. The project manager will be available to coordinate project construction. 5. Efficiency (see page 2 of application instructions for definition) - describe how the project will efficiently implement the natural resource improvement measures identified in question No. 2 above. Consider the following in your answer to this question: How will the proposed program /service/ intervention engage in conjunction with related efforts? How does your strategy best leverage resources? Duwamish Gardens will turn a 2.16 acre site, which was historically filled, into a beautiful riparian and shallow water habitat with viewing amenities for visitors. The location of Duwamish Gardens at River Mile 7.0 in the Duwamish transition zone is of critical importance to juvenile salmonids migrating to Puget Sound. This location provides off - channel refuge for fish along a mile -long stretch of river that is lacking this type of habitat. Member Jurisdiction & WRIA Forum Grant Application - January 23, 2012 - Page 3 of 6 37 The firm selected to construct this project will have a history of constructing habitat projects on -time and within budget. This grant will be used to leverage funds from the Salmon Recovery Funding Board and other sources. The city will contribute funds, and provide project management support as in -kind match. This grant will be used to leverage a proposed Salmon Recovery Funding Board (SRFB) and Puget Sound Acquisition and Restoration (PSAR) grant and King County Cooperative Watershed Management grant. Equity (see page 2 of application instructions for definition) - describe how the project will equitably implement the natural resource improvement measures identified in question No. 2 above. Consider the following in your answer to this question: In what part of the District will the proposed program /service /intervention occur? Who is the target audience and what demographic section of the community will be affected? This project is located in the City of Tukwila, in the Duwamish subwatershed of the Green/Duwamish and Central Puget Sound Watershed. The improvements to the property as a result of this project, including the improved native vegetation, construction of off channel habitat, walking path, access for launching hand - carried boats, interpretive sign and bench will benefit people in adjacent neighborhoods (Duwamish, Georgetown, South Park, and Allentown). These neighborhoods in the urban area are culturally diverse and lower income than much of King County. Access to the river and natural green spaces for these communities is a very important issue, as are improvements to aesthetics, which the native landscaping and amenities at this site will provide (Figure 1). 6. Evaluation of Intended Results - describe the evaluation mechanisms you will use to track, document, and report that the project has achieved the intended results described in questions 1- 3. This project will be evaluated against the project design and various grant requirements to detennine the actual number of acres of mud flat, marsh, and upland acres created and for the total length of trails, number of parking spaces, completion of a hand boat launch, number of benches, and interpretive elements provided. Effectiveness monitoring of past habitat restoration projects has demonstrated that construction of off channel, mud flat and intertidal marsh habitat is critical to the productivity of Chinook and other salmonids. The monitoring information collected for this project will be used to guide restoration design at other sites within the Duwamish. Member Jurisdiction & WRIA Forum Grant Application - January 23, 2012 - Page 4 of 6 38 7. Project Budget & Expenses Budget Item KCD Funds King County Flood Control District - Cooperative Watershed Management Grant (2012 awarded, and proposed for 2013) City of Tukwila SRFB and PSAR (proposed for 2013) Total Salaries and Benefits Travel /Meals /Mileage Office /Field Supplies . Contracted/ Professional Services $300,000 $1,315,000 $1,333,388 $2,948,388 Land Acquisition Permits In -kind - Project Management, Cultural Investigations & other tasks $100,000 Other (specify) Other (specify) TOTAL $300,000 $1,315,000 $100,000 $1,333,388 $3,048,388 8. KCD Acknowledgement - Describe how the KCD will be acknowledged as a source of funding for the proposed program /service /intervention (see Grant Program Overview & Policies, General Grant Program Policies, #6). KCD will be acknowledged as a source of funding on watershed tours, groundbreaking celebrations, in brochures about the project, and on interpretive signs installed at the project site. The City of Tukwila will work with the Conservation District on any press- releases. Authorized Signature Date Member Jurisdiction & WRIA Forum Grant Application - January 23, 2012 - Page 5 of 6 39 Figure 1) Duwamish Gardens - Perspective View. By IA. Brennan, Assoc. Duwamish Gardens will create almost an acre of off-channel, shallow water habitat, a critical habitat type for juvenile salmonids in the Duwamish River. For neighboring communities, the project would offer a trail, viewing area, benches, interpretive signage, and access for launching hand-carried boats. Member Jurisdiction & WR1A Forum Grant Application - January 23, 2012 - Page 6 of 6 40 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Jim Haggerton Community Affairs and Parks Committee FROM: Bob Giberson, Public Works Director DATE: July 5, 2013 SUBJECT: Duwamish Neighborhood Trail Crossings ASSUE. Update on safety concerns and enforcement at two trail crossings along the Green River Trail. BACKGROUND Two trail crossings i the Duwamish neighborhood have been brought to the City's attention as being unsafe. One trail crossing is on 40th Ave S, just east of Interurban Ave South, and the other trail crossing is on S 116th St, 200 feet east of East Marginal Way S (see attached vicinity map and photos). Both trail crossings have stop signs that require pedestrians and bicyclists to stop before crossing the roadway. In addition, as required bVY{CVV40.O1.235and RCW 48.61.190, vehicles shall stop for a pedestrian or a bicycle, and a pedestrian or a bicycle shall not suddenly move into the path of a vehicle. DISCUSSION At the 40th Ave S location, the stop line and stop sign were relocated in June 2013 to be in advance of the crosswalk, pursuant to the Manual on Uniform Traffic Control Devices (MUTCD). Please see attached MUTCD Figures 9B-3 and 9B-7. In addition, the shrubs on the south side of the 40th Ave S crossing have been trimmed to improve sight distance. These small changes help bring this location closer to MUTCD standards and should improve visibility for both vehicles and bicycles. Other trail crossings in the region have similar warning signs fO[bOthv8hicheS8DdtGai|US8[6 (see attached photos of trail crossings). The Cascade Bicycle Club representative referred the Burke-Gilman crossing at NE 165th St in Lake Forest Park as an example of a well-designed trail crossing and that it is similar to our 40th Ave S trail crossing. Staff will add additional signs at these two trail crossings located at 40th Ave S and S 116th St warning bicyclists that there is a mandatory stop sign ahead. Targeted spot enforcement of bicyclist's compliance with the trail stop signs is recommended. Other trail improvements will be evaluated and implemented after analyzing the effectiveness of these additional signs and targeted spot enforcement. RECOMMENDATION Information only. Attachments: Vicinity map Duwamish Neighborhood Trail Crossings Sample Regional Trail Crossings MUTCD Figures 9B-3 and 9B-7 Cascade Bicycle Club email dated June 21, 2013 WAPW Eng\ OTHER \Bob Giberson \Correspondence \Infomemo Duwamish Trail Crossings �13 CAP.uoc 42 .116 trail crossing 40th Ave S VICINITY MAP 43 VAR aD 44 Duwamish Neighborhood Trail Crossings- 7.8.13 CAP Green River Trail and 40th Ave S (just east of Interurban Ave S) Looking north along trail Looking towards trail crossing on 40th Ave S Looking south along trail 45 46 PatZ,Z7.0, Duwamish Neighborhood Trail Crossings-7.8.13 CAP 7I.M7.162,01. Green River Trail and S 116th St (250 feet east of E Marginal Way S) Looking east along S 116th St towards trail crossing Looking west along S 116th St towards trail crossing • !: 11' or ir 6r Looking north along trail towards S 116th St Looking south along trail towards S 116th St 47 48 Sample Regional Trail Crossings-7.8.13 CAP "1.213=613,E.MEMMLUE0=2,==..Mg Interurban Trail and Longacres Way — Tukwila, WA Interurban Trail and S 272nd St — Kent, WA ; . - 49 50 Sample Regional Trail Crossings-7.8.13 CAP amrsaramarazwarnmemm. • Woodway Trail and Fones Road — Olympia, WA Woodway Trail and Sleater Kinney Rd SE — Lacey WA 51 52 Sample Regional Trail Crossings-7.8.13 CAP IMV.6111.76.,=11,22===.71=YMUNITZOMMENLa7MTIMMEMEN1=1=1,1=rn Burke-Gilman Trail and NE 65th — Seattle, WA Burke Gilman Trail and NE 165th St — Lake Forest Park inaeEsemtsilatswo_ 53 54 2009 Edition Figure 9B-3. Warning Signs and Plaques and Object Markers for Bicycle Facilities Page 797 W1-1 W1-2 W1-3 W1-4 W1-5 W1-6 W1-7 W2-1 W2-2 W2-3 W2-4 W2-5 W3-1 W3-2 W3-3 W5-2 W5-4a W7-5 NO TRAIN HORN W10-12 SHARE THE ROAD W11-1* W11-2* 500 FEET W16-1P* W16-2P* 500 FT W16-2aP* tie W1 6-7P* AHEAD W12-2 W15-1* W16-9P* 0M3-L 0M3-C 0M3-R *A fluorescent yellow-green background color may be used for this sign or plaque. The background color of the plaque should match the color of the warning sign that it supplements. December 2009 Sect. 9B.18 5 56 2009 Edition Page 803 Figure 9B-7. Examples of Signing and Markings for a Shared-Use Path Crossing ,R1'1 R5-3 Crosswalk lines as needed 4 ft 5 ft 4 ft W2-1 (if no stop, yield, or signal control on path) R1-1� 50 ft Varies- see Section 9B.18 D11-1/ Intersection traffic control devices might be STOP or YIELD signs facing shared-use path approaches, roadway approaches, or both, depending on conditions (see Section 9B.03) December 2009 VV11-15/ W11-15P/ Roadway VV11'15 VV11'1 V1145P (optional) OR 300 FT Sect. 90.22 58 Bob Giberson From: Laurel Humphrey Sent: Friday, June 21, 2013 11:15 AM To: Bob Giberson Subject: FW: Tukwila City Council issue: bike trail roadway intersections Hi Bob, I've reached out to Cascade Bicycle Club per last week's Council request. It sounds like they probably will not be able to attend a meeting in July, but I'm scheduled to have a phone conversation with a staff member regarding communication/education this coming Monday. Just wanted to pass the message below along. Thanks, Laurel From: Jeff Aken[nlaUto1effaken ub/orol Sent: Thursday, June 20 I013 1:53 PM To: Serena Lehman; Laurel Humphrey Cc: Evan Manvel Subject: Re: Tukwila City Council issue: bike trail roadway intersections Hi The image below represent a standard crossing for a non-motorized tra l crossing and road intersection. From the map you sent it appears i B is most relevant. Having traffic stop before the trail (and bikes have a stop sign nnwel') rc du cze the chance of conflict at the i 1 ecoedi ou. &} ao clear si guuge to o akosurc all users are aware of each other. A good local example you might want to check out is at 165th and the Burke Gilman Trail in Lake Forest Park. Unfortunately the google street view has not been updated since the trail has been rebuilt in that area. Jeff Aken Principal Planner Cascade Bicycle Club Cascade Bicycle Club Education Foundation p: 206-300-5932 'Creating a Better Community Through Bicycling." l 60 Chapter 5: Shared-Use Paths 157 Figure 5-23 (A) [ NO MOTOR VEHICLES #R5-3 #R1-1 450 mm x 450 mm (18" x 18") Figure 5-23 (B) #R1-1 450 mm x 450 mm (18" x 18") #W11-1 (optional) > 30 m (>100 ft) Figure 5-23 (C) #R1-1 450 mm x 450 mm (18" x 18") ATH Figure 5-23: Routing Two-Way Path Intersections with a Main Road March 2007 Mn/DOT Bikeway Facility Design Manual 61 62