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Home My WebLink About06/18/2013 18A Council General InformationITEM TITLE: SUBMITTED BY: SUMMARY EXPLANATION: tiff r BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Council General Information Sonya Claar Tee, City Clerk Item No. For Meeting of: 6/18/2013 1. Weekly issue report 2. City of Yakima: Initial Draft Rules -- Initiative 502 Implementation comments 3. Council Built Environment agenda for June 20, 2013 4. Thank you letter from Helene Ahern 5. City meeting schedule 6. Preliminary Future Activities Calendar 7. Preliminary Agenda Resolution: Other (Specify): Contract: Start Date: Item Budgeted: Funding Source /Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: Ordinance: Contract Term: End Date: Amount: City Manager I X k- ATTACHMENTS: Name: Description: F-I info 6-18.pdf info packet TO: The Honorable Mayor and City Council Members YAKIMA TROLLEY CENTENNIAL CELEBRATION: On Friday, June 21, the Yakima Valley Trolley will make a Centennial Celebration run to Selah. Council and a few staff members have been invited to participate in this reenactment. A group of women in Selah will have a picnic lunch available when the trolley arrives. OFFICE'OF THE CITY MANA GER 129 North Second Street City Hall, Yakinta, Washington 98.901 Phone (509) 575-6040 UMMMIM Rules Coordinator WASHINGTON STATE LIQUOR CONTROL BOARD P.O. Box 43080 Olympia, WA 98504-3080 Re* City of Yakima Comments Initial Draft Rules — Initiative 502 Implementation lm.ffq The ability of cities to make and impose land use regulations is established in the state constitution. Constitution Article 11, § 11 provides: "Any county, city, town or township may make and enforce within its limits all such local police, sanitary and other regulations as are not in conflict with general laws." This authority was explained as follows: I its intent to occupy a given field, such intent can be inferred from "the purposes of the legislative enactment and ... the facts and circumstances upon which the enactment was intended to operate." Lenci, at 670, 388 P.2d 926. Baker v. Snohomish County Dept. of Planning and Community Development, 68 Wash.Ap 581, 585, 841 P.2d 1321, review denied, 121 Wash.2d 1027, 854 P.2d 1085 (1993); Brown City of Yakima, 116 Wash.2d 556, 807 P.2d 353 (199 1) (citations omitted). I The City of Yakima maintains that nothing in Initiative 502 and existing laws decriminalizing cannabis for medical purposes specifically states the legislature's • the people's intention to occupy the field of land use regulation of cannabis, for either recreational or medical use, to the exclusion of the city's right to adopt land use regulations not in conflict with such general laws. The purposes of Initiative 502 are stated as follows: The provisions of Initiative 502 are intended to create a "tightly regulated, state-licensed system similar to that for controlling hard liquor." Laws regulating the licensing of liquor contain the following specific section pertaining to "preemption of the field" by the state, with a notable exception: No municipality or county shall have power to license the sale of, or impose an excise tax upon, liquor as defined in this title, or to license the sale or distribution thereof in any manner; and any power now conferred by law on any municipality or county to license premises which may be licensed under this section, or to impose an excise tax upon liquor, or to license the sale and distribution thereof, as defined in this title, shall be suspended and shall be of no further effect: K The provisions of Initiative 502 and the Draft Rules require the denial of a marijuana permit for any marijuana production, processing or retail facility located within 1,000 feet of certain 11 sensitive" uses: (a) elementary or secondary schoo|� (b) playground; (c) recreation center orfacility; (d) child care center; (e) public park; (D public transit center; (g) library; mr (h) any game arcade (where admission is not restricted to persons age twenty-one or older). Praft Rule — New Section 314-55-015 states "general information about marijuana licenses7 within this Draft Rule are the following: (5) The board will not approve any marijuana license for a location where law enforcement ,.ccess, without notice or cause, is limited. (6) The board will not approve any marijuana license for a location on federal lands (7) The board will not approve any marijuana retailer license for a location within another These elements are not mandated by Initiative 502, and appear to be in response to some local (and federal) concerns regarding licensed premises. The City of Yakima recommends thal language be added to state that The board will not approve any marijuana license for a location within any city or county where such use is not permitted by the zoning and land use regulations of such city or county. M 1! 1 11111111111 qM * Another primary general concern related to the ability of cities and counties to enforce their land use authority is the mechanism presented for filing objections to a proposed licensee or location. Under RCW 69.50.331 and the Draft Rules, the following provisions would apply: - qw-ni �' �AIHMHMMEM asiall 099�� M10 IgJ t; Ir-A I Le IV Lel MLIKRI a 14 LaIN swev I Ims as r Y,= U4 a LOS 42 r--A I I I I [;A %Q S I oil M [!Pj W-11 I OJ I I I I I I np Ira I I a 89*91-mll*911; 2 (Emphasis added). In the absence of language requiring the applicant to comply with existing zoning and land use regulations of the local jurisdiction, the city would be forced to file objections in every case where the proposed location was in violation of the city's zoning. Under the standard above (and per Draft Rule 314-55-160)(2): ... the board will give due consideration to input from governmental jurisdictions in which the premises is located; and other persons or groups.... (Emphasis added). Nothing in this standard gives adequate assurance that the zonirre regulations of the governmental jurisdiction will be upheld. In fact, the "due consideratio g-tandard is significantly less than the standard for judging objections based on "chronic illego activity" of the applicant as stated in RCW 69.50.331(9): 1 (9) In determining whether to grant or deny a license or renewal of any license, the state liquor control board shall give substantial weigh to objections from an incorporated city or town or county legislative authority based upon chronic illegal activity associated with the applicant's operations of the premises proposed to be licensed or the applicant's operation of any other licensed premises, or the conduct of the applicant's patrons inside or outside the licensed premises. "Chronic illegal activity" means (a) a pervasive pattern of activity that threatens the public health, safety, and welfare of the city, town, or county including, but not limited to, open container violations, assaults, disturbances, disorderly conduct, or other criminal law violations, or as documented in crime statistics, police reports, emergency medical response data, calls for service, field data, or similar records of a law enforcement agency for the city, town, county, or any other municipal corporation or any state agency; or (b) an unreasonably high number of any licensed premises as indicated by the reported statements given to law enforcement upon Both RCW 69.50.331 and the Draft Rules contain provisions prohibiting location of marijuarw businesses within 1,000 feet of certain "sensitive uses." These are listed as follows: (o) elementary or secondary school; (b) playground; (c) recreation center orfacility; (d) child care center; (e) public park; (f) public transit center; A (g) library; or Draft Rule — New Section 314-55-050(l 1); Initiative 502, Section 6(8); RCW 69.50.331(8). T proposed definitions are found at Draft Rule — New Section 314-55-010: 1 (3) "Child care center" means a licensed educational environment with curriculum usually associated with preschools. (4) "Elementary school" means a school for early education that provides the first four to eigM years of basic education and recognized by the Washington State Superintendent of Public Instruction. I and/or other amusement devices. (7) "Library" means an organized collection of resources made accessible to the public for reference or borrowing. (11) "Playground" means a public outdoor recreation area for children, usually equipped with iwings, slides, and other playground equipment, owned and managed by a city or county. — (12) "Public park" means an area of land for the enjoyment of the public, having facilities for regil 2nd recreation (such as a baseball diamond or basketball court), owned and managed by a city, county, state, or federal government, Because an application for a marijuana license may be denied because of proximity to these uses, it is vital that the definitions be clear. Here are some questions and observations: "Child care center:" Does the definition apply only to "child day care centers" licensed under Chapter 43.215 RCW? Does it also apply to a "family day care provider," which is an individual providing "child day care and early learning services for not more than twelve children in the provider's home in the family living quarters"? RCW 43.215.01 O(c). "Elementary school:" I assume this includes charter schools, as well as "private schools" regulated by Chapter 28A.195.010 RCW. Home schools are "recognized" and definitions • such uses or the ability to rely • their zoning codes and land use controls to provide more specificity, This same Draft Rule imposes a requirement that an applicant submit an "operating plan" including a site plan drawn to scale "which illustrates the entire operation being proposed." The- applicant for a producer's license, for example, must include the following: Description of growing operation include growing media, size of grow space allocated for plant production, space allocated for any other business activity, description • all equipment used in the production process, and a list of fertilizers, pesticides, herbicides or any other compounds or products utilized in the production process. ORRAMM&M 1W . 0 Draft Rule 314-55-097 deals with "marijuana waste disposal — liquids and solids and states ir part: (2) Marijuana solid and liquid waste shall be disposed of in compliance with the Washington Departments of Ecology and Health and local codes and ordinances. Industrial and domestic wastewater standards are regulated per the NPIDES permit process through the federal Environmental Protection Agency (EPA) as administered by the state Department of Ecology. Each wastewater treatment permit is regulated as to levels of waste, compounds, chemicals and other pollutants that will be accepted into the system and still retain compliance with the NPIDES permit. Water demand, as well as electrical power, for production and processing will be substantial. Part • the impact for local water and power providers will • ascertaining effect • current municipal water rights and current local power grids. For electrical power, it is conceivable that ihe Washington Utilities and Transportation Commission may be asked to consider new tariffs to handle projected demand. Stormwater impacts will also need to be addressed. If large production and production/processing facilities are required to be indoors, this will present significant impervious surface increasing demands for appropriate on-site handling of anticipated stormwater runoff, and increased demands on city stormwater systems. • ITMV - r 110- 6 The environmental effects of marijuana production were summarized in a recent Seattle Times cle: is mostly indoors in Washington, pot production often uses hospital-intensity lamps, air conditioning, dehumidifiers, fans and carbon-dioxide generators to stimulate plants and boost their potency. seven times. Producing one joint is equivalent to leaving a light bulb • for 25 hours. Seattle Times, originally published May 11, 2013 at 8:04 p.m., online page modified May 13, 2013 at 10:46 a.m., (Byline: Bob Young, Seattle Times staff reporter). 0 production and processing operations in every city and county in Washington, witholp tvaluation of environmental or other impacts, such as the availability of potable water from A local water utilities or transportation concurrency. I ri -• Because marijuana is an illegal controlled substance under federal law, it will be difficult for a qualified insurer to provide insurance coverage. Typically, damages arising out of violations of law are excluded from coverage. We are continuing to review the Draft Rules and the provisions • Initiative 502, and would be happy to supplement as new questions arise. 17M Again, thank you for the opportunity • review and comment, If you have any questions, about any matter discussed above, please do not hesitate to contact us. Sinter ly, Tony O'Ro City Manager cc. Mayor and City Council Community Development Departmen) CITY OF YAKIMA - SUMMARY OF COMMENTS (Draft Rules — Draft Chapter 314-55 WAC) E. Public Utilities. Draft Rule 314-55-097 deals with "marijuana waste disposal — liquids and solids," and states in part that Marijuana solid and liquid waste shall be disposed of in compliance with the Washington Departments • Ecology and Health and local codes and ordinances. F. Environmental Review Required. The environmental impacts associated with production, processing and retailing marijuana will be significant and these rules are subject to review under the Stat Environmental Policy Act. I G. Federal Law. annabis remains a listed Schedule I controlled substance under the federal Controlled Substances Act, Section 812. As such, any and all use, possession, production, processing and delivery • cannabis (except for limited research purposes) is in violation of federal law. Built Environment Committee 2 d Floor Conference Room, City Hall June 20, 2013 2:00 p.m. City Conned City Staff Co(incilmember Rick Ensey City Manager Tony O'Rourke COLInCitineniber BiR Lover Cornt-nunity Development Director Steve Osguthorpe Councilineniber Kathy Coffey Strategic Projects Manager Joan Davenport 1. North Pt Street — Cross Section Design Strategy 2. Update on Cell Tower Moratoria (Verbal) 3. Update on Billboard Moratoria (Verbal) �- �� x p . � relc��U 0 0 For June 17, 2013 — June 24, 2013 Please note: Meetings are subject to change Monday, June 17 8:30 a.m. Pension Board Meetings — 1" Floor Conference Room 10:00 a.m. City Council Media Briefing — Council Chambers Tuesday, June 18 10:00 a.m. County Commissioners Agenda Meeting — Council Chambers 6:00 p.m. City Council Meeting — Council Chambers Thursday, June 2 9:00 a.m. Hearing Examiner — Council Chambers 2:00 p.m. Council Built Environment Meeting — CED Conference Room Office • Mayor/City Council Preliminary Future Activities Calend UA62�a'- Mon. June 17 8:30 a.m. Pension Boards Board Meeting Coffey 10:00 a.m. Council Media Briefing Scheduled Meeting Ense .............. Tue. June 18 Council Council Chambers 12:00 p.m. 12:00 p.m. Miscellaneous Issues Scheduled Meeting Cawley, Adkison 6:00 P.m. Meeting Scheduled Meetin Bristol 00 12:00 m. Scheduled Meetin Council Wed. June 19 Greenway Visitors Cen- Wed. June 26 ........... 9:30 a.m. Emergency Services Board Meeting Lover Planning Commission Executive Board Meeting Ensey Council Chambers 12:00 p.m. PAL Board Board Meeting Coffey Council Chambers Arts Commission Scheduled Meetin Adkison Thur. June 20 8-30 a.m. Mon. July 1 Board Meetin 2:00 p.m. Council Built Environment Scheduled Meeting Coffey, Ensey, Council Media Briefing Committee Meeting Ettl Lover 4:00 P.m� Yakima Hearing & Speech Scheduled Event Open Omen House p Ettl 1 st Floor Conference Room Council Chambers N .............. Fri. June 21 10:00 a.m. Yakima Trolley Centennial Scheduled Event Open 3rd & Pine Mon. June 24 Council Executive Scheduled Meeting Council Council Chambers 12:00 p.m. Capitol Theatre Board Board Meeting Bristol Capitol Theatre 6:00 P.m. Meeting Scheduled Meetin Council Council Chambers 12:00 m. GreenwRooard Meetin Board M eeting Ettl Greenway Visitors Cen- Wed. June 26 ........... ............. Fri. July 5 2:00 p.m. Planning Commission Scheduled Meeting Ensey Council Chambers 5:30 p.m. Historic Preservation Scheduled Meeting Bristol Council Chambers Commission 8-30 a.m. Mon. July 1 Board Meetin Coffe 1st Floor Conference Room Tue. July 9 ln*nn n m Council Media Briefing Scheduled Meetin Ettl Council Chambers Tue. July 2 12:00 p.m. Miscellaneous Issues Scheduled Meeting Cawley, Lover TBD 5:00 p.m. Council Executive Scheduled Meeting Council Council Chambers Committee Meeting 6:00 P.m. City Council Meeting Scheduled Meetin Council Council Chambers Thur. July 4 CITYOFFICES CLOSED ........... ............. Fri. July 5 8:00 a.m. Sister Cit Meetin Scheduled Meetin Adkison CED Conference Room Mon. July 8 8-30 a.m. Pension Boards Board Meetin Coffe 1st Floor Conference Room Tue. July 9 12:00 p.m. Miscellaneous Issues Scheduled Meeting Cawley, Adkison, TBD Ettl Wed. July 10 1:30 p.m. Emergency Services Board Meeting Lover Executive Board Meeting 5:30 p.m. Parks & Recreation Scheduled Meeting Adkison Commission Thur. July 11 1:00 P.M. Harman Center Board Board Meeting Adkison 5:30 m YCDA Board Board Meetin Adkison UMMEMU= Council Chambers Harman Center New Vision Office 111111111 11111111 111 Mrs. �-* �,-, = Resolution authorizing a Professional Services Agreement with Akel Engineering Group in an amount not to exceed $40,000 for an analysis • the Interior Drainage • Yakima County Public Works Levee Protection of the Northern and Eastern Portions • the City of Yakima. Ordinance revision 7.58.095 Reimbursable Agreements (Late Come Agreements) I III 3KXMME� • 6/13/2013 7:19 AM