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HomeMy WebLinkAbout02/04/2014 13A Council General InformationBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: 2/4/2014 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ITEM TITLE: SUBMITTED BY: SUMMARY EXPLANATION: Council General Information Sonya Claar Tee, City Clerk 1. Memo from Communications & Public Affairs Director Beehler regarding Council Partnerships Committee Visit to Olympia 2. Memo from Communications & Public Affairs Director Beehler regarding positioning of flag 3. Memo from Streets & Traffic Operations Manager Rosenlund regarding ADA issues on 16th Avenue and on Nob Hill Blvd. 4. Updated City Council Boards & Committees 5. City Meeting Schedule 6. Preliminary Future Activities Calendar 7. Preliminary Council Agenda 8. Draft Study Session Schedule 9. Newspaper/Magazine/Internet Articles: *"Cannabis Legal, Localities Begin to Just Say No," The New York Times, January 27, 2014 Resolution: Other (Specify): Contract: Contract Term: Start Date: End Date: Amount: Ordinance: Item Budgeted: Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: APPROVED FOR City Manager SUBMITTAL: RECOMMENDATION: ATTACHMENTS: Description info Upload Date 2/3/2014 Type Cover Memo MEMORANDUM To: Council Members From: Communications & Public Affairs Director Randy Beehler Subject: Council Partnerships Committee Visit to Olympia Date: January 30th 2014 Council members, On January 28th and 29th, a City of Yakima delegation traveled to Olympia to meet with Yakima Valley legislators, key state agency leaders, Governor Inslee, and others. The delegation consisted of Mayor Micah Cawley, Council Member Dave Ettl, Council Member Maureen Adkison, City Manager Tony O'Rourke, Police Chief Dominic Rizzi, and Communications & Public Affairs Director Randy Beehler. The City's Olympia lobbyist, Jim Justin, coordinated the visit. Following are summaries of the conversations the delegation had while in Olympia. - Association of Washington Cities Government Relations Director Dave Williams — Dave Williams discussed the negative effects that actions taken by the legislature in during the 2013 session, such as dismantling key funding sources for local government infrastructure like the Public Works Trust Fund, have had on cities. Efforts are being made by the AWC to rectify those damaging effects. He also reassured the delegation that the AWC is firmly in support of not allowing state preemption of a local jurisdiction's ability to enact a ban on the production, processing, and retail sale of recreational marijuana and is actively opposing any legislation to the contrary. Freight Mobility Strategic Investment Board Executive Director Karen Schmidt — The delegation thanked Schmidt for the long term support FMSI has provided for a variety of projects in Yakima including the expansion of River Road between el Avenue and 16th Avenue, and the Lincoln Avenue and MLK, Jr, Blvd underpasses. Schmidt discussed the current application period for FMSIB funding and encouraged the City to submit projects for consideration. Schmidt also told the delegation that the legislature is considering some potential reduction of prevailing wage requirements on publicly -funded projects that may provide some cost savings. Schmidt also encouraged the City to prepare a presentation for the FMSIboard meeting in Yakima on September 19th that would make the board aware of the various key local road projects such as the North 1st Street Revitalization Project, the Cascade Mill Site Redevelopment Project, the repaving of City streets, etc. - 14th Dist. Rep. Charles Ross — Rep. Ross told the delegation that he is in support of the City's recently -enacted ban on the production, processing, and retail sale of recreational marijuana within city limits and believes the legislature may adopt regulations for the medical marijuana industry similar to those developed for the retail marijuana industry. Rep. Ross also supports the City's position, as presented by Chief Rizzi, that Liquor Control Board agents should have to go through the same training as police officers do, meaning completing academy training, if the agents are to be given powers similar to those granted to police officers.. - Governor Jay Inslee — The delegation presented the City's legislative agenda to Governor Inslee. Specific emphasis was placed on recent accomplishments by the City including a reduction in crime, the Downtown Master Plan, the Cascade Mill Site Redevelopment Project, the North 1St Street Revitalization Project, the Gang Free Initiative, and the Tiger Oil Site Remediation, Governor Inslee expressed support for many of the City's legislative priorities. He specifically mentioned his support, which is shard by the City, of efforts underway to restore sustainable funding for tourism promotion efforts statewide. Governor Inslee also cautioned the delegation that state revenue forecasts continue to be fairly dim for the foreseeable future and that opportunities for state funding for local projects and programs are likely to be limited. - 14th Dist. Sen, Curtis King — Sen. King expressed his pessimism regarding the likelihood of a transportation revenue package making its way through the legislature this session. He mentioned his support of legislation that could allow the retention of sales tax revenue generated by large public construction projects, which could serve to spur local economic development. Sen. King encouraged 1 the delegation to work with the State Dept. of Commerce to reduce the negative impacts that prevailing wage requirements have on the cost efficiency of public construction projects. - Attorney General Bob Ferguson — The delegation thanked Attorney General Ferguson for his recent opinion in which he argued that local jurisdictions are not prevented under Initiative 502 from enacting bans on the production, processing, and retail sale of recreational marijuana. He believes that the issue remains far from settled and likely will not be resolved without litigation. The delegation presented information about the Gang Free Initiative and the ongoing reduction in Yakima's crime rate. Attorney General Ferguson was complimentary of the GFI and encouraged the City to keep his office informed of its progress. - State Department of Commerce Director Brian Bonlender — Director Bonlender, who is originally from Yakima, expressed his desire to identify and support a significant project or program in Yakima that would provide statewide benefits. The delegation presented him with information about the North 1st Street Revitalization Project, the Cascade Mill Site Redevelopment Project, the Gang Free Initiative, the Tiger Oil Site Remediation, and the Downtown Master Plan process. Bonlender said that the Downtown Master Plan process could be eligible for some funding administered by the Dept. of Commerce that has specifically been set aside for downtown redevelopment efforts. He also encouraged the City to work with the Dept. of Commerce to create a Yakima element of the department's "Start Up 365" program, which is aimed at growing entrepreneurial opportunities at the local level. - 15th Dist. Rep. Bruce Chandler — Rep. Chandler was uncertain about the potential for a Supplemental Capital Budget to be passed, but remained confident that some funding contained Governor Inslee's proposed supplemental budget, such as the $2 million that has been included for clean up of Yakima's Tiger Oil sites, will be available. The delegation presented information about the Downtown Master Plan process, the North 1st Street Revitalization Project, the Cascade Mill Site Redevelopment Project, and the ongoing reduction of Yakima's crime rate. Rep. Chandler said the Yakima Valley continues to suffer from a reputation as a crime -ridden area and encouraged the City to keep pursuing projects and programs that could positively affect that reputation. - 13th Dist. Rep. Judy Warnick — The delegation presented information about the Downtown Master Plan process, the North 1st Street Revitalization Project, the Cascade Mill Site Redevelopment Project, and the ongoing reduction of Yakima's crime rate. Rep. Warnick complimented the City on those efforts and encouraged the delegation to continue to make strides to change the negative perception many people from the west side of the state have about the Yakima Valley. - Department of Ecology Director Maia Belton — Director Belton talked about her affinity for the Yakima area and her familiarity with it because it is home to many of her family members. She expressed her excitement about and her strong support of the partnership between the Dept. of Ecology and the City to remediate the former Tiger Oil sites. Belton said the Tiger Oil Sites Remediation can serve as a model for other jurisdictions across the state for how to "...accomplish a cleanup in a smart, efficient, and effective manner". Belton said she is looking forward to the City and DOE partnering to clean up the Cascade Mill Site and pledged the strong backing of the DOE for the project. - 15th Dist. Sen. Jim Honeyford — Sen. Honeyford, chair of the Senate Capital Budget Committee, expressed some doubt that a Supplemental Capital Budget will be adopted this session, but noted the inclusion of $2 million for the Tiger Oil Sites Remediation in Governor Inslee's proposed supplemental budget and reassured the delegation that he is confident that funding can be secured. The delegation's trip to Olympia was very productive. Planning is now underway for a similar visit by the a City delegation to Washington, D.C. in late March to share the Council's Federal Legislative and Administrative Priorities with key lawmakers and agency staff. Please let me know if you have questions regarding the delegation's January 28th — 29th Olympia visit or any legislative issues. 2 NEIJUIO A IJV DUN To: Yakima City Council Members From: Communications & Public Affairs Director Randy Beehler Subject: Flag Code Date: Monday, January 27th, 2014 Council Members, At the January 21st City Council regular business meeting, a citizen mentioned that the positioning of the flags at the front of the Council Chambers was incorrect. According to the United States Flag Code, 4 U.S. Code § '7 - Position and manner of display (k), When displayed from a staff in a church or public auditorium, the flag of the United States of America should hold the position of superior prominence, in advance of the audience, and in the position of honor at the clergyman's or speaker's right as he faces the audience. Any other flag so displayed should be placed on the left of the clergyman or speaker or to the right of the audience. The fags at the front of the Council Chambers are currently displayed in accord with this section of the U.S. Flag Code. However, 4 U.S. Code § 7 - Position and manner of display (e), states, The flag of the United States of America should be at the center and at the highest point of the group when a number of flags of States or localities or pennants of societies are grouped and displayed from staffs. The flags at the front of the Council Chambers had previously been displayed in accord with this section of the U.S. Flag Code. That positioning was called into question during a Council regular business meeting by a U.S. military veteran, and the positioning of the flags was changed so that it was in accord with 4 U.S. Code § 7 - Position and manner of display (k). City staff consulted with the American Flag Foundation, a non-profit organization whose mission is, "to create and distribute educational materials, and facilitate or conduct events in communities across the United States that inspire patriotism and encourage honor for the American Flag." According to American Flag Foundation staff, the proper positioning for the flags at the front of the Council Chambers is that found in 4 U.S. Code § 7 - Position and manner of display (k), which is the current positioning of the flags. If you have any other questions regarding this matter, please let me know. January 28, 2014 To: Honorable Mayor and City Council Tony O'Rourke, City Manager From: Joe Rosenlund, Streets & Traffic Operations Manager Re: ADA Issues on 16th Avenue and on Nob Hill Boulevard At the January 21, 2014, council meeting a citizen had asked for improvements to sidewalks along sections of 16th Avenue and Nob Hill Boulevard to bring them into compliance with ADA standards. 16th Avenue between Tieton Drive and Arlington Street is one of the road sections scheduled for grind and overlay this summer. As part of that project, ADA compliant pedestrian ramps will be installed where they do not presently exist. On Nob Hill, it is unclear where the person is asking for improvements; 12th Street or 12th Avenue; railroad overpass or freeway overpass. I have covered all the potential end points in my response to cover all options. Nob Hill Boulevard from 3rd Avenue to the railroad overpass is scheduled for a grind and overlay project this summer. ADA compliant pedestrian ramps will be installed as part of that project. In addition, Nob Hill Boulevard is one of the corridors for which the city has received grant funding for safety improvements. A portion of that funding will go towards installation of ADA compliant pedestrian ramps where sidewalks exist. This may not totally remedy accessibility issues, as several areas along Nob Hill Boulevard do not have sidewalk. These areas are predominantly along the south side of Nob Hill Boulevard, the north side has sidewalks along the entire length except for the area east of the Fairgrounds. No new sidewalks are planned for those areas. PRIORITY: Economic Development Staff Rep: Sean 1 Coffey PRIORITY: Built Environment Staff Rep: Steve 1 Ensey PRIORITY: Public Safety Staff Rep: Chief Rizzi 1 Dittmar PRIORITY: Partnerships Staff Rep: Randy 1 Cawley 2 Dittmar 2 Lover 2 Lover 2 Ettl 3 Cawley Alt. Ensey 4th Thursday at 1:30 p.m. Committee Assignments Intergovernmental Downtown Mill site oversight Board Appointed Yakima Valley Tourism - Adkison YCDA/New Vision - Adkison SIED Board - Coffey Westside Merchants - Adkison Chamber of Commerce - Adkison Front Street Assn - Cawley 3 Coffey Alt. Cawley 3rd Thursday at 2:00 p.m. Committee Assignments Intergovernmental N. 1st Street oversight Transportation Neighborhood Development Board Appointed Yakima Regional Clean Air - Cawley Yakima River Basin - Ettl Public Facilities District - Coffey Stormwater - Lover Planning Commission - Ensey TRANS -Action - Ettl 3 Adkison Alt. Ettl 4th Friday at 10:00 a.m. Committee Assignments Police/Fire Gang Free Initiative Intergovernmental Board Appointed County Gang Commission - Adkison Yakima Valley EMS Board - Lover YPAL Board - Coffey 911 Administration Board - Lover Police & Fire Pension - Dittmar/Lover Yakima County EMS - Lover Homeless Network - Lover/Coffey 3 Adkison Alt. Coffey Every other Fri at 11:00 a.m. Committee Assignments Legislative Nominating Board Appointed Arts Commission - Adkison Historic Preservation - Coffey Harman Center Board - Adkison/Cawley Capitol Theatre Board - Coffey Sports Commission - Ettl Fish & Wildlife Board - Ettl Greenway Board - Ettl Parks & Recreation Commission - Adkison Hotel / Motel Commission - Cawley Lodging Tax Advisory Committee - Coffey Sister City - Adkison YVCOG - Cawley Emergency Mgmt. - Lover Yakama Nation - Cawley/Adkison Yakima Community Foundation - Adkison CITY OF YAKIMA COUNCIL COMMITTEES (revised 1/30/14) Public Safety Committee 4th Fri @ 10:00 am * Televised Economic Development Committee 4'h Thurs @ 1:30 pm * Televised Built Environment Committee 3rd Thurs @ 2:00 pm Partnership Committee * Televised 4th Fri @ 11:00 am * Televised Tom Dittmar Bill Lover Maureen Adkison (Alt) Dave Ettl Kathy Coffey Tom Dittmar Micah Cawley (Alt) Rick Ensey Bill Lover Rick Ensey Kathy Coffey (Alt) Micah Cawley Dave Ettl Micah Cawley Maureen Adkison (Alt) Kathy Coffey Yakima City Council Appointees to .................................................... Other Boards Committees Commissions. Task Forces etc. Stormwater Group Yakima County Gang Commission Westside Merchants Committee Front Street Committee Yakima Valley Tourism Board of Directors As needed Bill Lover Bimonthly @ 2:00 p.m. Maureen Adkison As needed Maureen Adkison As needed Micah Cawley Bimonthly 4th Wed @ Noon Maureen Adkison Convention Center Public Facilities District (ex -officio member) Qtrly Last Thur. of month Kathy Coffey Convention Center Sports Commission Hotel/Motel Commission/TPA Lodging Tax Advisory Committee Capitol Theatre Board 1 Qtrly 4th Tuesday Varies 3rd Tuesday of month Varies As needed 4th Mon @ noon Capitol Theatre Dave Ettl Micah Cawley Kathy Coffey Kathy Coffey Harman Center Board Yakima Greenway Foundation YCDA Board of Directors Supporting Investments in Economic Diversification Board (SIED) Morelia Sister City Committee Police Athletic League Yakima Valley Community Foundation Community Advisory Committee TRANS -Action Yakima Valley Conference of Governments (YVCOG) Executive Board 2nd Thurs @ 1:00 p.m. Maureen Adkison Harman Center Micah Cawley 4th Mon @ noon Dave Ettl Greenway Visitors Ctr, 2nd Thurs @ 5:30 pm Maureen Adkison YCDA/New Vision Quarterly Kathy Coffey New Vision 1st Fri @ 8:00 am Maureen Adkison CED Conf. Room 3rd Wed @ 12:00 pm Kathy Coffey PAL Center Annually Maureen Adkison 4th Wed @ 2:00 pm Dave Ettl 3rd Mon @ 1:30 pm Micah Cawley YVCOG Office Yakima Clean Air Agency Board 2nd Thur @ 1:30 pm Council Chambers Local Emergency Planning Committee As needed (Directed by Congressional action in 1986) Yakima Basin Fish & Wildlife Recovery Board Varies (Dave Brown is also on the board) Micah Cawley Micah Cawley Dave Ettl Other Boards, Committees, Commissions, Task Forces, etc. City Council Appoints to Parks & Recreation Commission Yakima Planning Commission Historic Preservation Commission Arts Commission 2 2nd Wed @ 5:30 pm Liaison: Maureen Adkison Council Chambers 2nd & 4th Wed @ 2:00 pm Liaison: Rick Ensey Council Chambers 41h Wed @ 5:30 pm Council Chambers 3`d Wed @ 3:30 pm 2nd Floor Conference Room Liaison: Kathy Coffey Liaison: Maureen Adkison Filled by Mayor (or Mayor's Designee) Yakama Nation Community Contribution Committee Greater Yakima Chamber of Commerce Board Fire Relief & Pension Board (Elected official designee per RCW) Board of Volunteer Firefighters Board of Volunteer Police Police Relief & Pension Board (Elected official designee per RCW) Yakima Valley Emergency Medical Services Board 911 Admin. Board Yakima County EMS & Trauma Care Council Annually Quarterly Chamber of Commerce 2nd Mon @ 9:15 am Human Resources As needed As needed 2nd Mon @ 8:30 am Human Resources Quarterly @ 9:00 am EMS Office Quarterly Bimonthly @ 1:30 pm Varies Micah Cawley Alt: Maureen Adkison Maureen Adkison Tom Dittmar Alt: Bill Lover Tom Dittmar Alt: Bill Lover Tom Dittmar Alt: Bill Lover Tom Dittmar Alt: Bill Lover State Boards, Committees, Commissions, etc. AWC (Assoc. of WA. Cities) 3 times per year Legislative Committee (By Invitation) 3 Bill Lover Bill Lover Bill Lover Kathy Coffey CITY MEETING SCHEDULE For February 3, 2014 — February 10, 2014 Please note: Meetings are subject to change Monday, February 3 10:00 a.m. City Council Media Briefing — Council Chambers 3:30 p.m. Civil Service Commission — Council Chambers Tuesday, February 4 5:30 p.m. City Council Executive Session — Council Chambers 6:00 p.m. City Council Meeting — Council Chambers Wednesday, February 5 10:00 a.m. County Commissioners Agenda Meeting — Council Chambers 3:00 p.m. Yakima Planning Commission Meeting — Council Chambers Thursday, February 6 9:00 a.m. Hearing Examiner — Council Chambers Friday, February 7 8:00 a.m. Sister City Meeting — 2"d Floor Conference Room Monday, February 10 8:30 a.m. Pension Board Meeting — 1st Floor Conference Room Office Of Mayor/City Council Preliminary Future Activities Calendar Please Note: Meetings are subject to change ed Da Ci on eating Pura on.. Feb. 3 1000 a.m. Tue. Feb. 4 12:00 p.m. 5:30 p.m. 6:00 •.m. INAMOMVAIMM Fri. Feb. 7 8:00 a.m. Tue. Feb. 11 7:30 a.m. Council Media Briefing aEEMMENSVI�.�� Miscellaneous Issues City Council Executive Session Prtilpants, Council Chambers NOMMIIMINKINSIMIKUNWAINIIMMII Scheduled Meeting Scheduled Meeting Council Scheduled Meeting Scheduled Meeting MEMIONNAVOUNNONOMMY Scheduled Event Cawley Coffey Cawley, Coffey, Dittmar MINOMMI Wed. Feb. 12 9:00 a.m. 11:00 a.m. Mon. Feb. 17 Tue. Feb. 18 9:00 a.m. 12:00 p.m, 5:15 p.m. 6:00 m, Wed. Feb. 19 3:00.m, ��IN State of the City presentation - Yakima Accountants Tour Union Gospel Mission Tour Union Gospel Mission 1111 111111 1 CITY OFFICES CLOSED City Council Media Briefing Miscellaneous Issues City Council Executive Session Cit Council Meeting ioow ice. ,,. o ,..,.... uum Police Awards Ceremony KVANNEMMOVIIMIMPONNWO ng Loca Council Chambers MANNOMPIINOMEMOMIN TBD Council Chambers Council Council Chambers TBD 2nd Floor Conference Room I� INIII�IOMI, Scheduled Event Scheduled Event MINAMMININVOMMINPMMIIIMMINEN of Scheduled Meeting Open Open Ensey Scheduled Meeting Cawley, Adkison Scheduled Meeting Scheduled Meetin Kam Scheduled Event Council Council Open MIRMINAMEMOVII 1 qui 111H Howard Johnson Union Gospel Mission Union Gospel Mission 116 Council Chambers TBD Council Chambers Council Chambers iINIMmuazv roo Holiday Inn DRAFT PRELIMINARY FUTURE COUNCIL AGENDA February 18, 2014 5:15 p.m. Executive Session — Council Chambers • Pending litigation 6:00 p.m. Business Meeting — Council Chambers • Apple Award for Brad Harrison an Irrigation Crew leader • Recognition of Maria Mayhue and Susan Knotts in obtaining Certified Public Procurement Officer (CPPO) certification • Council Built Environment Committee Minutes • 2013 4th Quarter Capital Improvement Projects Report • Quarterly Gang Free Initiative report • Resolution authorizing Collective bargaining agreement with 911 call takers • Resolution authorizing Collective bargaining agreement with 911 dispatchers • Set date for a public hearing on March 18, 2014 to consider the Yakima Planning Commission's recommendation on amendments to the Yakima Urban Area Zoning Ordinance YMC Chapter 15.08 Signs, to further regulate the impacts of billboards and digital signs 1/29/2014 4:44 PM 2014 DRAFT STUDY SESSION SCHEDULE Council Chambers 10:00 a.m. Feb. 25 Cascade Mill Landfill Clean-up Options and Executive Session to follow regarding Real Estate or Land and Property Acquisition March 11 Refuse Service & Recycling Program 1/29/2014 4:44 PM Cannabis Legal, Localities Begin to Just Say No - NYTimes.com Page 1 of 4 the Nett'ifork timto U.S. http://nyti.ms/Lbr784 Cannabis Legal, Localities Begin to Just Say No By KIRK JOHNSON JAN. 26, 2014 YAKIMA, Wash. — The momentum toward legalized marijuana might seem like an inevitable tide, with states from Florida to New York considering easing laws for medical use, and a full-blown recreational industry rapidly emerging in Colorado and here in Washington State. But across the country, resistance to legal marijuana is also rising, with an increasing number of towns and counties moving to ban legal sales. The efforts, still largely local, have been fueled by the opening, or imminent opening, of retail marijuana stores here and in Colorado, as well as by recent legal opinions that have supported such bans in some states. At stake are hundreds of millions of dollars in tax revenues from marijuana sales — promised by legalization's supporters and now eagerly anticipated by state governments — that could be sharply reduced if local efforts to ban such sales expand. But the fight also signals a larger battle over the future of legal marijuana: whether it will be a national industry providing near -universal access, or a patchwork system with isolated islands of mainly urban sales. To some partisans, the debate has echoes to the post -Prohibition era, when "dry towns" emerged in some states in response to legalized alcohol. "At some point we have to put some boundaries," said Rosetta Horne, a nondenominational Christian church minister http://www.nvtimes.com/2014/01 /27/us/cannabis-legal-localities-begin-tojust-say-no.html?hp&_r... 1/27/2014 Cannabis Legal, Localities Begin to Just Say No - NYTimes.com Page 2 of 4 here in Yakima, at a public hearing on Tuesday night where she urged the City Council to enact a permanent ban on marijuana businesses. Though it seems strongest in more rural and conservative communities, the resistance has been surprisingly bipartisan. In states from Louisiana to Indiana that are discussing decriminalizing marijuana, Republican opponents of relaxing the drug laws are finding themselves loosely allied with Democratic skeptics. Voices in the Obama administration concerned about growing access have joined antidrug crusaders like Patrick J. Kennedy, a Democratic former United States representative from Rhode Island, who contends that the potential health risks of marijuana have not been adequately explored, especially for juveniles — and who has written and spoken widely about his own struggles with alcohol and prescription drugs. "In some ways I think the best thing that could have happened to the anti - legalization movement was legalization, because I think it shows people the ugly side," said Kevin A. Sabet, a former drug policy adviser to President Obama and the executive director and co-founder, with Mr. Kennedy, of Smart Approaches to Marijuana. The group, founded last year, supports removing criminal penalties for using marijuana, but opposes full legalization, and is working with local organizations around the nation to challenge legalization. "If legalization advocates just took a little bit more time and were not so obsessed with doing this at a thousand miles per hour," he added, "it might be better. Instead, they are helping precipitate a backlash." In Washington, the Yakima County Commission has already said that it plans to ban marijuana businesses in the unincorporated areas outside Yakima city. Clark County, Washington, is considering a ban on recreational sales that would affect the huge marijuana market in Portland, Ore., just across the Columbia River. And the state's second most populous county, Pierce, just south of Seattle, said last month it would bar recreational businesses from opening. Pockets of retrenchment have emerged in other states as well. In California, one of 20 states and the District of Columbia that allow marijuana use for medical purposes, a state appeals court said late last year that local governments could prohibit the growing of medical marijuana. Fresno County promptly did so, becoming the first county in the state, medical marijuana advocates said, to ban all marijuana cultivation. httn://www.nvtimes.com/2014/01/27/us/cannabis-legal-localities-begin-to-just-say-no.html?hp& r... 1/27/2014 Cannabis Legal, Localities Begin to Just Say No - NYTimes.com Page 3 of 4 Lawmakers in Oregon are considering a bill that would allow municipalities to restrict or prohibit medical marijuana. Colorado's recreational marijuana law opened for business Jan. 1 with retail sales, but dozens of local governments, including Colorado Springs, the state's second-largest city, have prohibited marijuana commerce. National politicians, from Mr. Obama on down, appear just as conflicted. Mr. Obama said last week that he believed the "experiment" in Washington State and Colorado should be allowed, and Attorney General Eric H. Holder Jr. said Thursday that the Justice and Treasury Departments were developing guidelines to make it easier for legal marijuana businesses to obtain banking services, currently prohibited under federal law. But at the same time, a senior federal Drug Enforcement Agency official recently expressed alarm that marijuana use and access are spreading so rapidly. Here in Yakima, an agricultural city of wine and apples, population 93,000, each side in Tuesday's often emotional two-hour Council meeting talked about risk. Proponents of the ban said they feared that neighborhoods and cherished patterns of life would be harmed by recreational marijuana businesses. Opponents, including some marijuana business license applicants, warned of economic harm and legal liability if the ban passed. By the evening's end, the vote was not close — 6 to 1 for a complete prohibition of marijuana businesses. Yakima's course, council members said, was bolstered by the state's attorney general, Bob Ferguson, who this month issued a nonbinding legal opinion that local governments could ban recreational marijuana under I-502, the initiative legalizing recreational marijuana that Washington voters approved in 2012. Critics said Mr. Ferguson's reasoning flew against the intent of the law, which says that marijuana must be available to all state residents. But even before his opinion, resistance was growing. Across Washington, local moratoriums or bans covering more than 1.5 million people — about one in five residents — were in place by mid-January, according to a pro -legalization research group in Seattle, the Center for the Study of Cannabis and Social Policy. On a broader level, some legal experts say the emerging opposition to legal marijuana could lead to legal challenges that strike at the heart of the legalization laws in Colorado and Washington — or affirm them. http://www.nytimes.com/2014/01 /27/us/cannabis-legal-localities-begin-tojust-say-no.html?hp&_r... 1/27/2014 Cannabis Legal, Localities Begin to Just Say No - NYTimes.com Page 4 of 4 Experts expect legal challenges to local bans from would-be marijuana business operators. In anticipation of such litigation, some communities are already claiming that they have the legal right to ban legal sellers and growers because the drug remains illegal under federal law. "Federal law trumps this," said Bill Lover, a Yakima City Council member who voted for the ban. "We don't think they win," said Alison Holcomb, the criminal justice director at the American Civil Liberties Union of Washington, and leader of 2012'S ballot initiative. She added that legal precedents for states ignoring federal law went back at least to the end of Prohibition, when many states simply refused to enforce federal laws forbidding the sale of alcohol. "This is essentially how alcohol prohibition was repealed," she said. A deeper engine driving opposition to legal marijuana is anxiety about the ways that the rapid expansion of marijuana shops and increasingly easy access to the drug might change communities. None of the new local bans affect possession of marijuana for personal use, which is legal statewide in Washington. "This is not about the adult being able to smoke a joint," said Mr. Sabet of Smart Approaches to Marijuana. "It's about widespread access, it's about changing the landscape of a neighborhood, it's about widespread promotion and advertising, and it's about youth access." Supporters of legalization say that because voters statewide approved a system guaranteeing adults access to legal marijuana, they will push state regulators and lawmakers to meet that mandate, possibly by pushing for penalties against local governments that enact bans. But Dave Ettl, a Yakima City Council member who voted for the ban, said he was willing to risk penalties, saying he considered the promised tax revenues from marijuana sales tainted. "There's some money that's not worth getting," he said. A version of this article appears in print on January 27, 2014, on page Al of the New York edition with the headline: Cannabis Legal, Localities Begin to Just Say No. © 2014 The New York Times Company htto://www.nytimes.com/2014/01/27/us/cannabis-legal-localities-begin-to just-say-no.html?hp&_r... 1/27/2014