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2014.04.01 CC Agenda Packet AGENDA EDMONDS CITY COUNCIL Council Chambers ~ Public Safety Complex 250 5th Avenue North, Edmonds APRIL 1, 2014 7:00 P.M. - CALL TO ORDER / FLAG SALUTE 1.(5 Minutes)Roll Call 2.(5 Minutes)Approval of Agenda 3.(5 Minutes)Approval of Consent Agenda Items A.AM-6725 Approval of City Council Retreat Minutes of March 14-15, 2014. B.AM-6721 Approval of City Council Meeting Minutes of March 25, 2014 C.AM-6718 Approval of claim checks #207760 through #207892 dated March 27, 2014 for $1,884,191.77. Please Note: This batch of checks includes check #207871 for $2,747.16 that had to be voided and re-issued. The re-issued check #207892 is for $2,558.16. Approval of replacement payroll check #60883 for $47.78. D.AM-6675 Authorization for Mayor to sign a Local Agency Agreement with WH Pacific for the Five Corners Roundabout Project. E.AM-6720 Ordinance approving a change in zoning for the property located at 7533 228th Street SW from Residential Multifamily (RM-2.4) to Residential Multifamily (RM-1.5). 4.(5 Minutes) AM-6719 Proclamation in honor of Mayor's Day of Recognition for National Service 5.Audience Comments (3 minute limit per person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings 6.(10 Minutes) AM-6724 City Park Award of Bid Packet Page 1 of 355 7.(15 Minutes) AM-6722 Public hearing and potential action on an application for a Concession Agreement between the City of Edmonds and Dean Parmenter/Hot Diggity Dog. 8.(30 Minutes) AM-6723 Public Hearing on a Proposed Amendment to the City of Edmonds Development Code, allowing Recreational Marijuana Producers as a permitted use in the CG and CG2 Zones; allowing Recreational Marijuana Processors as a permitted use in the CG And CG2 Zones; allowing Recreational Marijuana Retail Outlets as a permitted use in the BC, BD, BN, CG And CG2 Zones; prohibiting Recreational Marijuana uses in all other zones, and adopting other restrictions on the locations of these Recreational Marijuana uses. (AMD20130014) 9.(10 Minutes) AM-6726 Discussion and potential action regarding recreational marijuana licensing ordinance language 10.(10 Minutes) AM-6728 Public Hearing and adoption of Findings of Fact regarding Ordinance No. 3960, extending an Emergency Moratorium related to collective gardens and marijuana processing and production. 11.(60 Minutes) AM-6732 Continued Discussion on the Sunset Avenue Walkway Project. 12.(15 Minutes)Reports on Outside Board and Committee Meetings 13.(5 Minutes)Mayor's Comments 14.(15 Minutes)Council Comments 15.Convene in executive session regarding pending or potential litigation per RCW 42.30.110(1)(i). 16.Reconvene in open session. Potential action as a result of meeting in executive session. ADJOURN Packet Page 2 of 355 AM-6725 3. A. City Council Meeting Meeting Date:04/01/2014 Time:Consent Submitted By:Scott Passey Department:City Clerk's Office Review Committee: Committee Action: Type: Action Information Subject Title Approval of City Council Retreat Minutes of March 14-15, 2014. Recommendation Review and approve draft minutes. Previous Council Action N/A Narrative The draft minutes are attached. Attachments March 2014 Council Retreat Minutes Form Review Form Started By: Scott Passey Started On: 03/27/2014 09:40 AM Final Approval Date: 03/27/2014 Packet Page 3 of 355 EDMONDS CITY COUNCIL RETREAT DRAFT MINUTES March 14 – 15, 2014 The Edmonds City Council retreat was called to order at 9:02 a.m. on Friday, March 14, 2014 by Council President Buckshnis in the Brackett Meeting Room, City Hall, 121 5th Avenue North, Edmonds, Washington. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Friday, March 14 Dave Earling, Mayor Diane Buckshnis, Council President Lora Petso, Councilmember Strom Peterson, Councilmember Joan Bloom, Councilmember Kristiana Johnson, Councilmember Adrienne Fraley-Monillas, Councilmember ELECTED OFFICIALS PRESENT Thomas Mesaros, Councilmember PUBLIC PRESENT Friday, March 14 Bruce Witenberg Ron Wambolt Harry Gatjens Ken Reidy Phil Lovell Kevin Zweber, Fire Inspector, FD1 David Chan, Commissioner, FD1 STAFF PRESENT Friday, March 14 Al Compaan, Police Chief Stephen Clifton, Comm. Serv./Econ. Dev. Dir. Phil Williams, Public Works Director Scott James, Finance Director Carrie Hite, Parks & Recreation Director Rob Chave, Acting Development Services Dir. Bertrand Hauss, Transportation Engineer Ryan Hague, Capital Projects Manager Kernen Lien, Senior Planner Carolyn LaFave, Executive Assistant Jeff Taraday, City Attorney Scott Passey, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder 1. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present with exception of Councilmember Mesaros. 2. OPENING REMARKS Council President Buckshnis welcomed everyone, stating there were no bad questions or comments. The intent was to brainstorm ideas and determine goals for the upcoming year. 3. APPROVAL/AMENDMENTS TO AGENDA COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO APPROVE THE AGENDA. MOTION CARRIED UNANIMOUSLY. Packet Page 4 of 355 Mr. Williams described an area near Dayton & SR-104 where a sinkhole developed and investigation discovered highly treated effluent leaking into the soil, a catch basin and the marsh. Staff is developing a plan to repair it, including meeting today with a vendor to develop a project. He responded to Council questions. 4. CODE UPDATE AND REVIEW Acting Development Services Director Rob Chave explained funds were allocated in the 2013 budget and the City contracted with attorney Carol Morris to review the code. The packet includes some of her work products including, 1) template/model code chapters, and 2) comments/suggestions as a result of her legal analysis of the City’s existing code. The upcoming budget amendment includes funds not used in 2013 that will be carried forward into the 2014 budget to be combined with the $75,000 allocated in 2014. Code Publishing’s work may only cost $10,000-15,000, leaving approximately$100,000 to hire a consultant to help complete the rewrite this year. Before proceeding, the update will be discussed with the new Development Services Director Shane Hope. The intent of the budget amendment is to assemble the funding so it is in place when Ms. Hope joins the City. Mr. Chave reported the subdivision code also needs to be updated for internal and external consistency; the model code for subdivisions provided by Ms. Morris will be an excellent place to start. The sign code is another area of code that needs significant update. He described chapters/information that will be presented to the Council for input prior to Planning Board review. Mr. Chave responded to Council questions and Council comments were made regarding the work Ms. Morris is doing, mechanism for public and Council input, public outreach as part of the Planning Board process, concern the public will not be involved at the Planning Board level, integrating the subdivision and PRD codes, code mapping, online streaming of Planning Board meetings to keep the public informed of the process, balancing the creation of a public process with completing the code rewrite in a timely manner and form based code. Summary: • Schedule a joint Council/Planning Board work session regarding the sign code and to review Ms. Morris’ comments/suggestions, etc. prior to forwarding chapters to the Planning Board • Online streaming of Planning Board meetings (being considered by Parks, Planning & Public Works Committee) • Parks, Planning & Public Works Committee review Ms. Morris’ input • Schedule Council work session on April 22 with new Development Services Director Shane Hope regarding the code rewrite • Assemble the packet with Ms. Morris’ memo following the agenda memo 5. UPDATE ON STRATEGIC ACTION PLAN - INFORMATION ON ACTION ITEMS RELATED TO CITY COUNCIL Community Services/Economic Development Director Stephen Clifton distributed a spreadsheet prepared by Darrol Haug that summarizes action items within the plan. The packet also contains the Strategic Plan in which every mention of the City Council is highlighted. He described the process of hiring a person/firm to contract with the City on a part-time basis for a period of one-year to assist with implementation of the Strategic Action Plan. Once a person/firm has been selected, a scope of work will be developed. He invited input on how the Council envisioned the contractor working with the Council on the implementation of plan actions. He also suggested the Council identify action items they want to focus on during the next year. Packet Page 5 of 355 Council comments included: • Coordinate issues in Strategic Plan, envision this person communicating with stakeholders and pulling things together • Envision consultant taking direction from Mr. Clifton’s office • Establish mechanism for the person to coordinate with the Council • Brief the Council throughout the process • Concern with devoting City resources to low priorities in the Plan that citizens do not want, need to identify those items • Establish tracking method to identify status of actions such as those that have been accomplished/implemented, i.e. forming the BID • Economic Development Strategic Action Plan Committee work with contractor to monitor status of items • Quarterly reports to Council 6. REPORT ON SENIOR CENTER STRATEGIC PLAN Council President Buckshnis explained a presentation was provided at Parks, Planning & Public Works Committee meeting. Next Tuesday’s Council agenda will include consideration of an updated resolution. Phil Lovell, representing the Senior Center membership, Board and the Center’s Strategic Action Committee, introduced this item, commenting on the long, viable relationship/partnership between the Edmonds Senior Center and the City. He noted the following information was well received at a Senior Center membership meeting. Ferrell Fleming, Senior Center Executive Director, explained the goal is to build a new state of the art “Edmonds kind of” senior center on the present waterfront site. The structure will take full advantage of the magnificent views and be a resource to the whole community. The intent is for the building to function as senior center weekdays 8:00am-4:00pm with community use in off hours and weekends. The greater the proposed use, the greater support toward funding and operating the new facility. To the question of why a new building, he explained: • Cost of significant refurbishment too high – 2007 structural survey • Two choices: 1. Band-aid existing building and hope for the best 2. New building He described advantages of a new building: • Secure building envelope • Level floors throughout • Designed to accommodate new programs • Meet contemporary seismic standards • Takes maximum advantage of views with dramatic vistas from almost every room • Meet high green building standards • It will welcome people and invite them in • State of the art technology • Would be used by entire community • Coffee shop, café meeting places for all ages • Increased parking • Increased view corridors • Health & Wellness Wing with one-on-one spaces • A really good dance/exercise floor Packet Page 6 of 355 • Dramatically increased rental income • More Parks & Recreation programs • Lower maintenance costs • It will maintain the senior center on this site • All of Edmonds would be proud of it Mr. Fleming commented on the context: • City’s Strategic Plan o City’s Strategic Plan 3a.1: “Develop long term solution for maintaining and updating the senior center.” (Leads: Senior Center & Parks and Recreation Department) Very high • City’s PROS Plan (2014) o 1.D Consider new strategic partnerships with..the Edmonds Senior Center...that would increase recreation opportunities for Edmonds residents in accordance with this PROS Plan. o 2.Y Work with the Edmonds Senior Center in developing a long term solution for upgrading and maintaining the Senior Center • City’s CFP (2014) o Project Description: Replace and enlarge deteriorating Senior Center building complex on the City waterfront o Project Benefit/Rationale: This facility is at the end of its useful life. The floors are continuing to settle which poses significant renovation costs. In addition, the facility requires structural reinforcement to withstand a major earthquake. o Schedule: Contingent on procuring the necessary funding from grants and other sources (2019-2025) Mr. Fleming commented on the partnership with the City: • The City/Center partnership is 46 years old • Project must recognize financial limitations of City • Current strategy envisions the Senior Center funding the facility’s replacement on City’s land parcel granted under a long term lease arrangement • Land to remain regional park with beach access • Possible model: East County Senior Center (Monroe) where nonprofit built, owns, and maintains the building, City owns land, Center has ground lease Mr. Lovell commented on the Fundraising Capital Campaign • Exploring creating a Senior Center Foundation to manage campaign • The Foundation would involve Boomers • Many naming opportunities • Grants (particularly WA State) and large donors will drive success • Initial WA Capital Grant application – June 2014 He also described elements of a feasibility study process: • Agreements with City • Legal – Shoreline Management Program • Programs of new senior/community center • Architectural – conceptual drawings • Fundraising: Foundation & capital campaign • Community input • Feasibility Study Timeline 2014 o January – Special Membership Meeting o February – Hired lawyer and two architects Packet Page 7 of 355 o March – Legal work, presentations to City, conceptual drawings by architects, Center’s Annual Membership Meeting o April – Community Forums o May – Feasibility study completed o June – Board Decision, WA Capital Grant App Mr. Lovell and Mr. Fleming responded to Council questions and discussion ensued regarding the location of the site in a seismic hazard zone, parking, pedestrian overpass, current funding of the Edmonds Senior Center, expanding park aspects in the design to increase the City’s interest, enhancing public access/use of the beach, intent for the non-profit to raise 100% of funds and generate sufficient revenue to maintain the facility, establishing a process to consider other proposals/concepts for that property, resolution on Tuesday’s Council agenda that updates two previous resolutions, seeking community input on site elements, size of the site, maximizing the views and site elements, existing zoning and building heights, potential public/private partnership funding, developing an alternate plan to continue building functions if a new facility is not feasible, senior center as a high priority in the Strategic Action Plan and encouraging public/other potential users to provide input to senior center. Mr. Fleming summarized this is the senior center’s response to the charge they were given via the Strategic Plan to take the lead on a long term solution to the senior center. Summary: Resolution on March 18 Council agenda updating two previous resolutions. 7. DISCUSSION REGARDING GREEN RESOURCE CENTER Councilmember Peterson described the intent of the Green Resource Center. Discussion followed regarding physical changes that have been made and their cost, the amount allocated in budget, Bellingham as an example and establishing green resource incentives. The configuration of the area will be finalized once Ms. Hope joins the City. 8. TRANSPORTATION FORECASTING INCLUDING RE-ESTABLISHING THE TRANSPORTATION COMMITTEE Council President Buckshnis relayed $1.2 million was allocated for overlays in the 2014 budget. Topics for discussion include whether the Council wants to establish an annual set aside for streets and if so, how to fund it. Mayor Earling explained the $1.2 million allocated in the 2014 budget is a start; there is a lot to catch up on for the years when no funding was allocated for street overlays. It has been estimated that $1.5 million will be necessary for the next 10 years to catch up. He emphasized the need to identify a stable funding source for street overlays for a period of time. Mayor and Council comments/suggestions included: • Continue the annual allocation, not opposed to 3-year levy for paving • Overlays are an essential service, need to make it a priority • Voters defeated the proposed additional TBD fee • TBD vehicle fee versus property tax levy • Reallocate REET revenue to provide more for streets • Reestablish Transportation Committee to address funding sources for pavement restoration • Research where levies are passing and what makes them pass • Establish Transportation Committee, consider reallocating REET • Have Planning Board Members and City Councilmembers on Transportation Committee Packet Page 8 of 355 • Not interested in reallocating REET • Do not support reestablishing Transportation Committee because they wanted to establish priorities when much of that is grant dependent or dependent on other issues • Transportation Committee could discuss funding sources • Transportation Committee could address citizen complaints/concerns regarding crosswalks, sidewalks, etc. • The Transportation Committee’s charge will not be selecting what streets are paved; paving priorities must be staff/consultant-driven • Need to identify funding for entire transportation network, not just overlays Councilmember Johnson read the purpose of the Transportation Committee: 1) monitor and make recommendations relative to motorized/non-motorized transportation issues, systems and funding; 2) contribute input to the City’s Transportation Comprehensive Plan and updates to this plan and monitor efforts to implement improvements detailed in the Plan; and 3) to enhance communication with public in regards to transportation needs. Summary: • It was the consensus of the Council to establish a new Transportation Committee, no Councilmember on the committee and to use the existing purpose. • Finance Committee to discuss an annual set aside for pavement overlay. • Funding for Transportation Committee to include support for minute taking. The retreat was recessed for lunch from 12:15 p.m. to 1:03 pm. 9. DISCUSSION REGARDING CITY COUNCIL CONSULTANT SERVICES TO IMPROVE COMMUNICATION BETWEEN COUNCIL MEMBERS AND COUNCIL MEMBERS AND ADMINISTRATION Councilmember Peterson reported he, Councilmember Fraley-Monillas and Ms. Hite interviewed a few consultants and determined Mr. Reid would be the best fit. He briefly described Mr. Reid’s background. Mr. Reid relayed three things he wanted the group to know about him: 1. He enjoys working with elected officials and he loves government, public policy and politics. His approach is respectfully and understands the pressures elected officials are under. 2. He loves this work. His business’ three areas of expertise/focus are strategic planning, mediating public policy and workplace disputes, and coaching/leadership development. 3. He is fun to work with, respectful, good at keeping confidences, and a good listener, synthesizer and sounding board. Mr. Reid responded to Council questions regarding his leadership style, the process he envisioned, confidential interviews, and workshops. Mr. Reid reviewed his proposed scope of work: • Confidential interviews of Council, Mayor and Directors • Workshop to discuss/explore individual and collective leadership style • Two more workshops 2-4 weeks apart • Produce five work products: 1. Cultural statement 2. Clarification of roles and responsibilities 3. Ground rules/protocols regarding how to work together and make decisions 4. Communication protocols 5. Better understanding of interests, learning/decision/leadership style Packet Page 9 of 355 Discussion followed regarding whether to interview the Councilmember who recently retired, venting versus moving forward, interrelationship between administration and the legislative body, discussing progress every 3 months and scheduling 1-3 hours at an annual retreat to discuss progress. Mr. Reid invited Councilmembers and Directors to identify outcomes they were hoping for: • Communication is an important part, how and why people communicate, building trust, clarifying roles and responsibilities for staff and Council • Build level of trust so work more effectively as a team. Suggest interview director who resigned recently • Distrust by citizens in processes and how the Council makes decisions, information the public receives • Look at issue of public process, open government, how making decisions that affect citizens, how incorporating their input and how communicating their input. Keep citizens in mind at all times • Need to look backward in order to do things better • Stay get away from negativity, move forward, resolve lack of trust • Concern with seeking input from past Councilmember, Director • History/back story the past Councilmember and Director can provide • Need good understanding of the roles of administration and Council, staff provides honest answer but a Councilmember may not agree with it • Maintain sense of professional decorum, current image of government in Edmonds is not healthy • After interviews completed, rely on Mr. Reid’s professional opinion regarding who else needs to be interviewed • Create trust, communication. Deliverables allow future Directors and Councilmembers to determine direction • Consider how to be more effective and efficient • Traditional way of conducting meetings – open to new ideas • Learn how to work with fellow Councilmembers, Mayor and Staff. • Enjoy working with Council, aware Councilmembers have a difficult job. Want to help, requires trustful relationship, ability to speak honestly • See job as making Council’s job easier, make informed decisions. Need tools and procedures to do that • Staff’s role is to accomplish goals in plans, bring policy decision points to Council and take direction from the Mayor • Develop trust to make better decisions • Build trust; trust earned via conduct • United we stand, divided we fall. Trust affects voters’ approval of levies • Determine priorities • A lot of tension due to divergent interests. Identify what want to work together on • Should have more frequent retreats • Optimistic there is common interest • Trust and respect lacking. Need rebuild trust and respect between ourselves and citizens • Want citizens to view city as team working for common good rather than divergent personalities • Miss discussion about big questions, too much focus on small things, easy to get conflicting opinions. Talk about and get agreement big issues; if do that, small issues go away Summary: Ms. Hite will work with Mr. Reid to schedule 1-2 days for him to conduct interviews at City Hall. (Councilmember Petso left the retreat at 2:20 p.m.) 10. COMMITTEE ASSIGNMENTS Packet Page 10 of 355 The following changes were made to committee assignments: • Community Technology Advisory Committee (CTAC) – removed from the list of Council appointments as it was agreed there was not a need for a Council representative on this committee • City Wide Parking Committee – removed from the list of Council appointments as it was agreed there was not a need for a Council representative on this committee • Historic Preservation Commission – it was agreed there would be one assigned Councilmember and one alternate (Councilmember Johnson will be the alternate for 2014) • Transportation Committee: new committee added, Councilmember Peterson appointed for 2014 Councilmember Bloom posed the idea of a Diversity Commission. Ms. Hite advised few small cities have a Diversity Commissions; smaller cities often incorporate this issue via adopting a diversity statement and providing training for councilmembers and board/commission members. A brief discussion followed. Councilmember Johnson suggested having a Council liaison to the Arts Commission. A brief discussion followed regarding the value a Council liaison could add, a preference to ask the Arts Commission whether they wanted a Council liaison and the role of boards and commissions as advisory to the Council. Summary: • Public Safety & Personnel Committee will discuss developing a diversity statement. • Frances Chapin will ask the Arts Commission if they want a Council liaison. If they do, Councilmember Johnson volunteered to serve as the liaison in 2014. • Council President Buckshnis will confirm that Councilmember Mesaros’ appointments fit his schedule. 11. DISCUSSION REGARDING A YOUTH COORDINATOR Councilmember Bloom recalled when she suggested allocating funds for a volunteer coordinator during the budget process, Ms. Hite brought up the idea of a youth coordinator. Councilmember Bloom wanted to discuss this at the retreat in preparation for considering a position in the 2015 budget. Ms. Hite recalled one of the interests was to involve youth and create opportunities for youth to be involved. She commented on youth coordinator models in other cities to engage youth in government such as establishing a Youth Council, a group of youth that discusses interests/concerns of youth, creates work plans and brings them to the Council. She noted the current Student Representative positions are difficult to recruit and retain and is not a model for success. She described the Kirkland, Redmond and Bellevue Youth Councils; their efforts include an annual Youth in Government Day, Youth Summit, Teen Traffic Court, establishing a teen center, developing “We’ve Got Issues” videos that air on the government channel, and youth employment programs. Ms. Hite estimated the cost of a part-time youth coordinator position with benefits to be $40,000 - $50,000 plus some operating funds. Discussion followed regarding starting with a part-time position and slowly ramping up, including a youth coordinator as a decision package in the 2015 budget and researching programs in other cities Edmonds’ size. 12. AUDIENCE COMMENTS Ron Wambolt, Edmonds, referred to the consultant hired to assist with the Council’s relationships and said he did not plan to attend the workshops in order to give Councilmembers and staff some privacy. Packet Page 11 of 355 Bruce Witenberg, Edmonds, relayed the Economic Development Commission Report he provided Council in February includes a link to a spreadsheet prepared by EDC Commissioner Nathan Proudfoot updating the progress on Strategic Plan action items. The spreadsheet will be periodically updated. Next, he was pleased the Council has gone public with the problems they are having with each other, the mayor and staff by hiring a consultant. In an effort to enhance its image with citizens, he suggested the Council acknowledge retiring board and commission members at the first meeting each year. He requested the Council provide more details when making a motion to approve a settlement following an executive session. He also requested the public be informed of significant developments with regard to litigation. The first day of the retreat concluded at 3:48 p.m. SATURDAY, MARCH 15, 2014 – CALL TO ORDER Council President Buckshnis called the second day of the retreat to order at 9:00 a.m. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Dave Earling, Mayor Diane Buckshnis, Council President Lora Petso, Councilmember Strom Peterson, Councilmember Joan Bloom, Councilmember Kristiana Johnson, Councilmember Adrienne Fraley-Monillas, Councilmember Thomas Mesaros, Councilmember PUBLIC PRESENT Bruce Witenberg Ron Wambolt Ken Reidy Val Stewart STAFF PRESENT Al Compaan, Police Chief Stephen Clifton, Comm. Serv./Econ. Dev. Dir. Phil Williams, Public Works Director Shane Hope, (future) Development Services Dir. Scott James, Finance Director Carrie Hite, Parks & Recreation Director Rob Chave, Acting Development Services Dir. Jeff Taraday, City Attorney Scott Passey, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder 1. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 2. OPENING REMARKS Council President Buckshnis commented yesterday went well and she was happy everyone was participating. 3. APPROVAL/AMENDMENTS TO AGENDA COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO APPROVE THE AGENDA. MOTION CARRIED UNANIMOUSLY. Updates Mr. Williams reported holes have been opened at Dayton & SR 104 to expose the pipe. A concept for a smaller, less expensive repair has been identified; if it is not feasible, a larger project may be required. The volume of leak has been substantially reduced. He will keep the Council updated. Packet Page 12 of 355 Ms. Hite circulated a sign-up sheet for interviews with Mr. Reid. Mayor Earling introduced and welcomed Shane Hope who will be joining City as the Development Services Director in early April. 4. HIGHWAY 99 DISCUSSION Mr. Chave referred to information in the packet, explaining many jurisdictions are planning for and/or have made changes to their development codes to encourage transit-oriented development in highway corridors such as Highway 99. Although the City’s plans for many years have called for focusing a lot of new growth on Highway 99, there are some zoning impediments including the requirement that residential mixed use in the CG and CG2 zones have two stories of commercial. The Planning Commission recently discussed with the Highway 99 Task Force how to promote transit oriented development on Highway 99; benefits of encouraging residential on Highway 99 include eyes on the street, creating a neighborhood/community feel, etc. He summarized the timing is right to do something this year. Councilmember Fraley-Monillas reported on field trips she took with developers to identify problems with developing on Highway 99; the biggest problem is restrictive zoning. Residents in neighborhoods adjacent to Highway 99 have asked her to hold community meetings to discuss issues on the Highway 99 corridor, from parking to crime. She sought the Council’s agreement for the Planning Board to begin looking at this issue. Mr. Chave commented the Planning Board’s effort would be exploratory at the beginning such as making the code more flexible, eliminating restrictions such as the 2-story commercial requirement, developing more flexible parking standards, etc. Discussion followed regarding public improvements Shoreline has made on Highway 99, development occurring in Shoreline that has replaced some less desirable uses, interest from property owners in redeveloping or adding to existing development, public improvements on Highway 99 in Edmonds such as the International District lighting, Edmonds’ capital request to the legislature for Highway 99 improvements, past transportation improvements on Highway 99 in Edmonds’ jurisdiction, interest in residential over businesses in the International District, concern with shortening the process before other issues are addressed, fear that development could occur before issues are address holistically, mixed use that works versus vacant space on the first floor and clarifying what is meant by TOD such as whether that means no parking, maximum density with small units, etc. There were also comments about a mixes of uses versus mixed use, medians on Highway 99 in Shoreline that blocked business access, flexible zoning to allow areas with and without mixed use, incorporating affordable housing and flexible parking standards, flexible zoning via a development agreement, creating a cohesive feel on Highway 99 as city boundaries are not apparent to the public, concern with mixed use in the same building as residential, affordable housing in Ballard with small units and shared indoor and outdoor spaces, concern with reducing/eliminating parking in TOD, creating a path through which development can come to Edmonds, median improvements in Shoreline that provide access control as well as aesthetic improvement, support for moving forward with a code amendment to remove the 2-story commercial requirement on Highway 99 and drainage issues in the Lake Ballinger area. Discussion continued regarding affordable housing being a low priority in the Strategic Plan, concern with incentivizing affordable housing, a preference with developing a unified plan for form based code first, a preference for public spaces rather than shared private spaces, doing transportation and zoning planning together, TOD within ¼ mile of Swift stations, crime on Highway 99, using Park Impact Fees for recreational facilities to accommodate growth on Highway 99, young people’s interest in living in mixed use areas with higher density, desirability of commercial spaces around transit centers, concern Packet Page 13 of 355 development will go to other cities, using low impact development techniques to improve the current stormwater situation and pedestrian improvements that will occur with development. Summary: March 25 workshop with the Planning Board to discuss potential zoning code amendment to remove requirement for two floors of commercial from the CG and CG2 zones, Ms. Morris’ comments/suggestions regarding the code rewrite and the sign code. 5. DISCUSSION REGARDING GRANTS AND THE GRANT PROCESS Ms. Hite explained the touch points for the Council with regard to grants include adoption of the Comprehensive Plan and planning documents, adoption of the Strategic Plan, during the budget process and during adoption of the Capital Improvement Program (CIP) and Capital Facilities Program (CFP). Staff reviews planning documents and includes projects in the CIP/CFP for consideration and approval by the Council following public hearings. City staff then pursues grants to maximize and leverage CIP funds. Most grants need a match; all grants should be for projects in the City’s adopted plans. This is a common process for cities. Recreation Conservation Office (RCO) grants, primarily for park projects, require a Council resolution that states the city has the matching funds. Mr. Williams advised another touch point for Council is approval of the grant contract accepting the grant offer. Council and staff discussion followed regarding projects in the CIP without a detailed design, grant requests to seek funds to develop a design; a suggestion to email Councilmembers a copy of grant applications and allow opportunity for Council comment; effect that stopping/slowing the process can have on a grant request; grant applications as an administrative function; public process for developing the Comprehensive Plan, CIP/CFP and Strategic Plan; ability not to pursue construction grant funds if the design is not acceptable; the Council as policy makers and staff implementing policy; the Council’s legislative right to comment on project design, concern insufficient information is provided for some CIP/CFP projects and holding a separate public hearing on projects in the CIP/CFP that have little information to learn about the project and get public input. There were also comments regarding intentional lack of specificity in the CIP project for an alternative analysis, a preference for staff to inform Council of grant applications to avoid the Council learning about a grant request from the public, questionable benefit of adding steps to the grant application process, concern with a public process prior to submitting a grant, staff positioning grants to be successful, concern with citizens calling a granting agency to speak against a grant, the Council should assume staff will be seeking funding if a project is in the City’s plans, misrepresentation of the public process in the Sunset Walkway grant application, having an open public process in advance of grant submittals, Mountlake Terrace and Shoreline’s grant application processes, ensuring grants reflect projects in approved plans and concern with jeopardizing the City’s relationship with granting agencies. It was suggested staff provide Council a copy of grant applications when they are sent in; Councilmembers promise to calmly and courteously raise concerns with the administration. 6. EXPLORING A PARKS FOUNDATION Ms. Hite relayed there have been previous discussions regarding establishing a parks foundation including an Exploratory Committee that also considered a Metropolitan Parks District (MPD). The Committee forwarded a recommendation to the City Council to put a park levy on ballot last year. Once an improved budget forecast was presented, the MPD Committee recommended the Council not place a park levy on the ballot. In the random telephone survey conducted as part of the PROS Plan update, 70% supported some type of MPD. There were also several comments in the process of developing the PROS Plan in favor of a parks Packet Page 14 of 355 foundation. Many jurisdictions have parks foundations; the packet includes a National Recreation of Parks Association article regarding establishing a parks foundation. A parks foundation, a separate non- profit with its own Board of Directors, bylaws, etc., is created to assist Parks & Recreation Department funding projects. Ms. Hite reviewed pros and cons of developing a parks foundation in Edmonds: • Pros: o A lot of unfunded projects o Limited bonding capacity from REET revenue until City Hall bonds paid off in 2015 • Cons: o The Senior Center’s plans to establish a foundation Council/staff comments included: • Ample resources in the community to support a parks foundation • Important to get the right people to lead and be advocates • Park foundation’s job is raise money, up to City to establish policies • Citizens who contribute to funds for the flower program, beach ranger, Yost Pool, etc. may not be interested in contributing to fields • Inadequate staff to do outreach for numerous small parks funds • Parks foundations launching capital program for specific need. Foundation is permanent but have different campaign • Some people are very good at raising money. Timing is right due to large projects coming up • Other capital campaigns are planned or underway such as Swedish-Edmonds, Edmonds Community College and Edmonds Center for the Arts • A lot of interest in the use of funds that will be available when the City Hall bonds are paid off in 2015 • Corporate giving and naming opportunities • There will always be competing capital campaigns • 12-18 month planning/organization before launching campaign • Look at organizations with good leaders, as their terms expire, approach them to serve on parks foundation Summary: Councilmembers inform Ms. Hite of people in the community to involve in the discussion and she will organize an exploratory committee. 7. DISCUSSION REGARDING CODE OF CONDUCT AND TRAINING FOR COMMISSIONS, BOARDS AND WORK GROUPS Councilmember Bloom relayed the Council approved a Code of Conduct but did not develop a Code of Ethics. She asked how the Code of Conduct would be conveyed to boards and commissions and whether the Council was interested in pursuing a Code of Ethics. Summary: • Senior Executive Council Assistant Jana Spellman will email Code of Conduct to current board and commission members • Code of Conduct will be included in materials provided to new board and commission members • Public Safety & Personnel committee will discuss developing a Code of Ethics. 8. VISION PLANNING Councilmembers identified goals for the next year: • Hwy 99 – time is now o Flexible zoning – use Packet Page 15 of 355 o Development agreements o Connections to transit o Parking o Use and mix of use o Affordable housing • Development Agreements • Affordable housing o Housing analyst for Alliance for Housing Affordability will create profile for each city • Long term predictable funding for street preservation • Mechanisms for historic preservation of downtown BD1 – BD5 o Main street program o TDRs • Construction noise ordinance (Parks, Planning & Public Works Committee) • Business Incentives • Economic Development • Review Comprehensive Plan provisions for near waterfront area • Rain garden program o Incentive funding from stormwater utility • Westgate and Five Corners • Comprehensive Plan Update • SR104 Corridor Study • Solar projects (public and private) • Marina Beach Master Planning process (August) in conjunction with Daylighting Willow Creek • Planning/prioritizing bond financing for 2015 • Discussion with School District about Civic Field and Stadium • Former Woodway high school fields, enter into partnership with ESD to operate, schedule fields • Exploratory committee for Parks Foundation • Year Round Market • Legislative/policy support of recycling program • Public Safety (5-7 years) o Need for regional jail o Rebuild/replace countywide communication system (SERS) by 2020 • Local versus regional municipal court o Judge Fair analyze • Public Defender contract 2015 and beyond • Stormwater funding • Single topic retreat • Transportation conflicts on waterfront • Fire District 1 contract * Italicized projects are underway and do not need to be prioritized. Summary: Council President Buckshnis and Ms. Spellman will combine goals as necessary and send list to Councilmembers. List will be posted and a dot exercise commenced to prioritize items on the list; each elected official and staff provided seven dots, initials on dots. 9. AUDIENCE COMMENTS Ron Wambolt, Edmonds, suggested adding the Fire District 1 contract to list; the City’s contract with FD1 expires at the end of 2014. Packet Page 16 of 355 Bruce Witenberg, Edmonds, suggested the City Attorney’s contract (expires at the end of 2014) and additional Police Department resources be considered in the 2015 budget process. He encouraged Councilmembers to be candid in their comments to the consultant as well as listen to what he and others have to say. Regarding transit oriented development on Highway 99, he urged the City to consider the effect that TODs will have on the neighborhoods adjacent to Highway 99. Some of most affordable housing in Edmonds is in those neighborhoods and there is no parking available. However, to truly be TOD, parking requirements need to be lower; otherwise residents are not encouraged to use transit. Val Stewart, Edmonds, welcomed Councilmember Mesaros, Ms. Hope and Mr. James. She thanked Council President Buckshnis for leading the effort to get a new Councilmember in place. She appreciated the tone of today’s retreat. She suggested steaming the next retreat on the City’s website to provide citizens better access to the Council’s conversation. She suggested adding the following to the list of goals: environmental protections, protecting critical areas and land acquisition/mitigation fund to protect critical areas and compensate land owners. The retreat was adjourned at 12:09 p.m. Packet Page 17 of 355 AM-6721 3. B. City Council Meeting Meeting Date:04/01/2014 Time:Consent Submitted By:Scott Passey Department:City Clerk's Office Review Committee: Committee Action: Type: Action Information Subject Title Approval of City Council Meeting Minutes of March 25, 2014 Recommendation Review and approve meeting minutes. Previous Council Action N/A Narrative The draft minutes are attached. Attachments Attachment 1 - 03-25-14 Draft Council Meeting minutes Form Review Form Started By: Scott Passey Started On: 03/26/2014 03:37 PM Final Approval Date: 03/26/2014 Packet Page 18 of 355 EDMONDS CITY COUNCIL DRAFT MINUTES March 25, 2014 The Edmonds City Council meeting was called to order at 6:30 p.m. by Mayor Earling in the Council Chambers, 250 5th Avenue North, Edmonds. ELECTED OFFICIALS PRESENT Dave Earling, Mayor Diane Buckshnis, Council President Kristiana Johnson, Councilmember Lora Petso, Councilmember Strom Peterson, Councilmember Joan Bloom, Councilmember Adrienne Fraley-Monillas, Councilmember Thomas Mesaros, Councilmember (arrived 7:24 p.m.) STAFF PRESENT Phil Williams, Public Works Director Carrie Hite, Parks & Recreation Director Scott James, Finance Director Rob English, City Engineer Leif Bjorback, Building Official Renee McRae, Recreation Manager Jeff Taraday, City Attorney Scott Passey, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder 1. CONVENE IN EXECUTIVE SESSION TO DISCUSS PROPERTY ACQUISITION PER RCW 42.30.110(1)(b) At 6:30 p.m., Mayor Earling announced that the City Council would meet in executive session to discuss property acquisition per RCW 42.30.110(1)(b). He stated that the executive session was scheduled to last approximately 30 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. Action may occur as a result of meeting in executive session. Elected officials present at the executive session were: Mayor Earling, and Councilmembers Johnson, Fraley-Monillas, Buckshnis, Peterson, Petso and Bloom. Others present were City Attorney Jeff Taraday, Parks & Recreation Director Carrie Hite, and City Clerk Scott Passey. The executive session concluded at 7:53 p.m. Mayor Earling reconvened the regular City Council meeting at 7:00 p.m. and led the flag salute. 2. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present with the exception of Councilmember Mesaros. (Councilmember Mesaros was not present for Roll Call but arrived at 7:24 p.m.) 3. APPROVAL OF AGENDA COUNCIL PRESIDENT BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO MOVE AGENDA ITEM 8 TO AGENDA ITEM 5A. MOTION CARRIED UNANIMOUSLY. (Councilmember Mesaros was not present for the vote.) Packet Page 19 of 355 COUNCIL PRESIDENT BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY. (Councilmember Mesaros was not present for the vote.) 4. APPROVAL OF CONSENT AGENDA ITEMS COUNCIL PRESIDENT BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. (Councilmember Mesaros was not present for the vote.)The agenda items approved are as follows: A. APPROVAL OF CITY COUNCIL MEETING MINUTES OF MARCH 4, 2014 B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF MARCH 18, 2014 C. APPROVAL OF CLAIM CHECKS #207610 THROUGH #207759 DATED MARCH 20, 2014 FOR $450,648.68. APPROVAL OF PAYROLL DIRECT DEPOSIT AND CHECKS #60860 THROUGH #60875 FOR $454,471.94, BENEFIT CHECKS #60876 THROUGH #60882 AND WIRE PAYMENTS OF $201,383.27 FOR THE PERIOD MARCH 1, 2014 THROUGH MARCH 15, 2014 D. APPROVAL TO SURPLUS CITY COMPUTER EQUIPMENT 5. AUDIENCE COMMENTS David Preston, representing the Port of Edmonds, referred to the $150,000 grant the Port received from the Washington State Recreation Conservation Office to assist with a $225,000 project to rebuild one of the Port’s sling launches. That project has been completed; he invited the Council to the ribbon- cutting ceremony on Monday, March 31 at 6:00 p.m. The sling launch is an economic benefit to the community and bigger boats attract new businesses to Edmonds such as Jacobsen Marine. This is the only launch of its size between Everett and Shilshole, increasing the Port’s launching capacity from 7,500 pounds to 10,000 pounds. This launch brings fisherman and other boats to Edmonds for overnight stays, eat in restaurants, etc. Alvin Rutledge, Edmonds, suggested Fire District 1 report on the situation near Darrington including the assistance FD1 is providing. He advised service clubs in Edmonds are providing support to the service clubs in the Darrington area. Roger Hertrich, Edmonds, said the presentation at the last meeting regarding 76th & 212th illustrated what happens when a grant gets carried away. Improving the intersection of 212th & 76th has expanded to improvements the length of 76th and 5 lanes to Westgate. He suggested the Council take further public input on that project, noting widening a road or roadway improvements affects adjacent property owners. Rich Demeroutis, Edmonds, referred to Mr. Page’s comments regarding Betty Mueller’s contributions to the City. He relayed information about Ms. Mueller. She was a dance teacher for many years; Bridget Hanley said she would not have been successful in Hollywood without Ms. Mueller’s influence. She was a 4th of July parade volunteer for many years, a member of the South Snohomish County Museum, founded the Edmonds Safety Foundation and the Edmonds Police Foundation, fought the City when the EMS transport fee was initiated, started the ban on casinos in Edmonds, founded the Alliance of Citizens for Edmonds, participated in many Council campaigns, and co-chaired the bond committee to construct the Public Safety complex. He urged the City to dedicate a fire station in her memory and requested a Councilmember take the lead on that effort. Packet Page 20 of 355 At Mayor Earling’s request, Public Works Director Phil Williams described improvements to 76th & 212th intersection, explaining there are no plans to acquire new right-of-way to widen the street. The project will restripe 76th from 220th to 208th to add right and left turn lanes at the intersection to improve the function of the intersection as well as address delays in the corridor. He summarized this is primarily a painting project, not a construction project. Councilmember Fraley-Monillas relayed she and another Councilmember visited the area and found most of the area is already two lanes. Mr. Williams agreed north of 208th to 196th is currently 2 lanes; that will be changed to a 3-lane section. It does not require widening the street, it will be accomplished by eliminating the existing striped parking. Councilmember Fraley-Monillas asked if the City has an agreement with Lynnwood as many of the parking spaces are on the Lynnwood side of the road. Mr. Williams advised there are 30 parking spaces on Lynnwood’s side and 14-15 on Edmonds’ side. Lynnwood is aware of the project and agrees with the project at the engineering level. Council President Buckshnis suggested this project be referred to the Parks, Planning & Public Works Committee to consider it more closely. 5A. YOST POOL OPERATIONS (Previously Agenda Item 8) Parks & Recreation Director Carrie Hite referred to an item in the Strategic Plan to create and implement a long term financial and operational strategy for Yost Pool. The recently adopted Parks, Recreation and Open Space (PROS) Plan has very aggressive goals to continue developing community partnerships to leverage resources for parks and recreation services. She presented this proposal with these goals in mind. Staff and representatives of the Dale Turner Y have had several conversations since the Y approached the City since last fall. The Y did a complete analysis of operations at Yost Pool and submitted a proposal to partner with the City to provide a pool manager and staff to operate the pool during the summer. Staff was impressed with the Y’s emphasis on customer service, safety and best practices in operation of aquatics. The City currently subsidizes Yost Pool by $50,000 - $60,000 per summer which includes all expenses such as maintenance, operations, chemicals, staffing, etc. The Y’s proposal could save the City $15,000 - $20,000 per summer. She recommended the City proceed with a contract with the Y for operation of Yost Pool. Mayor Earling advised following receipt of Ms. Hite’s recommendation he met with representatives of the Dale Turner Y. He explained this would be a one-year contract. The proposal provides estimated savings for the City along with providing expanded opportunities for citizens, a win-win proposal. Ms. Hite explained under this proposal the Y would staff the pool using the program developed by City staff that mirrors last year’s program, incorporating some user feedback. The Y has the flexibility to add programs if the demand exists. For example if there is demand for additional swim lessons, the Y can provide additional staff to maximize use of the pool. The City does not have the flexibility to increase programs with the staff that is hired each summer. Councilmember Fraley-Monillas inquired about current staffing of the pool. Ms. Hite explained temporary seasonal employees are hired including a pool manager, instructional staff, lifeguards and cashiers. The City will continue to provide cashiers, collect all revenue and do registration for all programs. The City would enter into a concessions agreement with Y for staffing costs. Councilmember Johnson recalled a few years ago Yost Pool’s shoulder season was reduced as a cost- saving measure. Ms. Hite advised the pool will be open June 2 through September 1. From June 2 until Packet Page 21 of 355 school is out, there is minimal participation other than lap swimmers; use is maximized once school is out. School starts in September and the site becomes very chilly. She introduced Courtney Whitaker, Executive Director, and Brian McLaughlin, Associate Executive Director. Dale Turner Family YMCA. Ms. Whitaker explained the Dale Turner Family Y serves the boundary areas of the Shoreline and Edmonds school districts. Approximately 2,500 Edmonds residents are Y members and the Y provides programs in several elementary, middle and high schools in the Edmond School District. This partnership will allow them to meet the recreation and wellness needs of Edmonds residents and ensure the aquatic and seasonal pool keeps the same and possibly expanded programming. The Y would staff pool operations and offer YMCA swim lessons with YMCA-certified staff to teach swim lessons and water exercise classes. She was confident in their ability to provide excellent programing and services to residents as well as their safety and operations record in aquatic programs. The Y has similar partnerships in Snoqualmie and with King County and the ability to help the City maximize resources and lower costs. They are able to lower costs by utilizing year-round staff, the expertise of an Aquatics Director, as well as hiring seasonal staff and moving them between the two locations. Ms. Whitaker relayed the Y’s commitment to hire local kids, helping to grow job skills in the local community. Many of their current lifeguards are students in the Edmonds School District. She pledged to be good stewards of Edmonds residents, to provide the best service possible this summer and she looked forward to demonstrating service that would result in a partnership that lasted more than one year. Ms. Hite advised this agenda item was to answer Council questions. The Mayor has the ability to authorize this contract. Council President Buckshnis said this was an awesome idea, go for it. Councilmember Peterson echoed Council President Buckshnis’ comment, expressing his appreciation for the creativity and community outreach to save money as well as enjoy the Y’s reputation in safety and programming. Ms. Hite thanked Recreation Manager Renee McRae for her efforts in developing this partnership. 6. 2013 ANNUAL REPORT - SNOHOMISH COUNTY FIRE DISTRICT 1 FD1 Commissioners present: David Chan (Chair), Bob Meador, Jim Kenny, Richard Schrock and Jim McGaughey. FD1 staff members present: Ed Widdis, Fire Chief; John Westfall, Fire Marshal; Shaughn Maxwell, Medical Services Officer; Bob Eastman, Fire Captain; Tim Hoover, Union President; Marsha Moore, Executive Assistant; and Shane Cooper, Community Paramedic. There were also several FD1 firefighters in the audience. Fire Commissioners and Councilmember introduced themselves. Chief Widdis advised Assistant Fire Chief Brad Redding is not present as he is the Incident Commander at the incident in Oso. FD1 Fire Chief Ed Widdis reviewed information related to the Operations Division, advising FD1 has 12 stations, 3 of which are located in Edmonds. He displayed graphs related to Edmonds’ call volumes and calls by type. In addition to 4 platoons and firefighters that work 24 hour shifts, on January 1, 2014 FD1 added a peak activity unit, a medic unit with 2 people that operates 12 hours/day in north FD1, as approximately 2/3rd of calls occur during the day. Another peak activity unit will begin operation in April. He anticipated peak activity units will improve response times and out-of-service times. He provided a list of major incidents in Edmonds during 2013. Medical Services Officer Shaughn Maxwell reported FD1 received two awards for a checklist program that ensures firefighters and paramedics provide the most scientifically evidenced based key interventions Packet Page 22 of 355 every time to help elevate care. The checklist has captured the attention of Harvard and the World Health Organization; requests are being received for the checklist from around the world. One of the items on the checklist is cardiac arrest. The national survival rate for a cardiac arrest is 10%; FD1 has achieved a survival rate of nearly 50% for the past 3 years. FD1 added a Medical Services Officer position in 2013 who also responds to top critical incidents. Officer Maxwell explained to address non-emergency calls to 911, FD1 began a Community Paramedic program. The Community Paramedic works with at-risk citizens outside the crisis environment to assist them with medications, connect them to services, etc. FD1 has partnered with approximately 50 community services for this purpose. Chief Widdis noted approximately 50 people call 911 over 500 times a year; the Community Paramedic is intended to reduce call volume and avoid adding units. Fire Marshal John Westfall reviewed information related to the Fire Prevention Division including a pie chart of inspections and permits. He described inspections conducted by engine companies, inspections of building sites and fire investigations. Every fire in Edmonds is investigated for origin and cause, usually by the Fire Captain and responding crews; ;more complex fires are investigated by investigation staff. He highlighted FD1 participation in community events such as the Edmonds Egg Hunt, 4th of July Parade and celebration, Waterfront Festival, Edmonds Night Out Against Crime, Taste of Edmonds and Edmonds Tree Lighting. Fire Marshal Westfall relayed FD1 received a Vision 20/20 grant for 1,200 free smoke alarms. The program was so successful that Vision 20/20 provided additional smoke alarms. FD1 conducts neighborhood meetings following fire responses to answer questions about their response and provide safety and fire prevention tips. He described other services FD1 offers: • Protect Care Connections o Funded by a grant from Verdant Health Commission o Helps connect patients with programs and social services. • Bike helmets at fire stations o Firefighters provide fitting o Small donation requested • Child Car Seat Checks o 80 checks conducted in 2013 The Fire 1 Foundation continues its fundraising efforts to create a 9-11 Memorial at the Edmonds Firefighters Memorial Park adjacent to Fire Station 17 to feature a steel beam recovered from the ruins of the World Trade Center. Chief Widdis provided information regarding the Training Division: • Fire training facility • Company evaluations and tactical operations • Regional partnerships • New hires Chief Widdis also provide information regarding the Volunteer Division: • Alarms o Volunteers responded with Air Light unit (AIR 10) to 30 calls in 2013 • Training and career development • New members • Public education and community events Packet Page 23 of 355 Fire Captain Bob Eastman reviewed the 1756 Compliance Report based on standards the City Council adopted in 2009: • Turnout Time for all emergency incidents o Standard: 2:45 o Actual 2013: 2:44  New technology employed in 2014 to improve dispatch notification time and potentially reduce turnout time o Actual 2012: 2:48 • Response time of the first arriving Engine Company to a fire suppression incident o Standard: 6:30 o Actual: 6:48 (first arriving unit: 6:32) o Actual 2012: 6:10 • Response time for the deployment of full first alarm assignment to a residential fire suppression incident (15 firefighters on the ground) o Standard: 7:45 o Actual: 8:55 (4 incidents)  Standard met on 3 of 4 incidents  Ladder 20 and the backup ladder were out of service in 1 incident requiring the responding ladder to travel considerable distance o Actual 2012: 8:00 (5 incidents) • Response time for the deployment of full first alarm assignment to a commercial fire suppression incident (18 firefighters on the ground) o Standard: 9:00 o Actual: 8:24 (6 incidents) o Actual 2012: 7:59 (3 incidents) • Response time of the first-arriving unit with a first responder (BLS) or higher level capacity to an emergency medical incident o Standard: 5:15 o Actual: 5:06 o Actual 2012: 5:17 • Response time of the arrival of an advanced life support (two Paramedics) unit to an emergency medical incident o Standard: 6:45 o Actual: 6:01 o Actual 2012: 6:40 • Response time of the first-arriving apparatus with appropriately trained and equipped Hazardous Materials Operations level personnel onboard to a hazardous materials incident o Standard: 6:30 o Actual: No qualifying indents of this type in Edmonds in 2013 • Response time of the first-arriving apparatus with appropriately trained and equipped Hazardous Materials Technician level personnel onboard to a hazardous materials incident o Standard: 12:00 o Actual: No qualifying indents of this type in Edmonds in 2013 • Response time of the first-arriving apparatus with appropriately trained and equipped Technical Rescue Operations level personnel onboard to a technical rescue incident o Standard: 6:30 o Actual: No qualifying indents of this type in Edmonds in 2013 • Response time of the first-arriving apparatus with appropriately trained and equipped Technical Rescue Technician level personnel onboard to a technical rescue incident o Standard: 12:00 o Actual: No qualifying indents of this type in Edmonds in 2013 Packet Page 24 of 355 • Response time of the first-arriving apparatus with appropriately trained and equipped Marine Response and Firefighting personnel on board to a marine incident o Standard: 12:00 o Actual: 4:06 Captain Eastman referred to the two standards that were not met, first, Response time of the first arriving Engine Company to a fire suppression incident (Standard: 6:30, Actual 6:48, first arriving unit 6:32), pointing out a unit other than an engine arrived within 6:32. In many cases delays are caused by engines already on other incidents. Regarding the second standard that was not met, Response time for the deployment of full first alarm assignment to a residential fire suppression incident (Standard: 7:45, Actual: 8:55), 1 of 4 incidents did not meet the standard because 2 ladder trucks were out of service, requiring the 3rd ladder to travel a longer distance. Chief Widdis displayed photographs of the mudslide in Oso, identifying the slide area, the river and roadway. He explained 48 parcels have some type of structure; 179 people are listed as missing although the list may contain duplicate names. Efforts today recovered an additional ten bodies. Recovery efforts were partially shut down yesterday until a hydrologist and geologist could assess the situation. He met with County Executive Lovick, Governor Inslee and several Snohomish County Councilmembers at the site yesterday. FD1 has units and resources on site including its technical rescue unit. He displayed photographs of the slide, commenting much of the material is like quicksand. He described how resources have been moved around FD1 to assist with the response. The FEMA disaster declaration signed yesterday will provide more resources including an Urban Search and Rescue Team as well as the National Guard Search and Rescue and Mortuary Units. Mayor Earling reported on a mayors meeting he attended today where Arlington’s Mayor provided a briefing. Citizens interested in helping can make donations at U.S. Bank (4th & Dayton). On Friday Community Transit will begin bus service between Darrington and Arlington. Union President Tim Hoover commented the partnership between FD1 and Edmonds has gone well, providing more resources to the community and allowing more efficient responses. Programs like the Community Paramedic and the checklist likely could not be provided by a standalone Edmonds Fire Department. For Councilmember Mesaros, Chief Widdis described how responses times are measured. He noted consideration is being given to calculating times based on the time responders reach patient bedside or begin putting water on a fire rather than arrival time. Councilmember Bloom observed the Community Paramedic was funded by a Verdant Health grant and asked whether that will be a continuing effort. Chief Widdis answered the program has been very successful and helps avoid adding another medic unit. He did not anticipate it would be difficult to convince the Board to fund the program as it is less expensive to operate one person in the community than to fund a crew for another unit. Councilmember Bloom asked what time of day citizens could visit a fire station for smoke alarm checks, bike helmets fitting, child car seat checks, fire extinguishers filling, etc. Chief Widdis answered bike helmet fittings can be done at any time; appointments are made at fire stations for car seat checks by a person certified to check the car seat. FD1 does not fill fire extinguishers, not even their own. Councilmember Fraley-Monillas asked whether the Community Paramedic is able to connect citizens with resources such as food bank, mental health services, etc. Captain Maxwell answered yes, FD1 has Packet Page 25 of 355 partnered with 50 community organizations via Connected Communities. The Community Paramedic is a simple solution with many downstream benefits. Council President Buckshnis suggested the Community Paramedic visit Senior Centers to inform them of the program. She asked why carbon monoxide alarms are not required in residences. Chief Widdis commented on the difficult with mandating something in private homes. Carbon monoxide alarms are mandated in rental units. Fire Marshal Westfall advised carbon monoxide alarms are required when ownership of a home is transferred. Councilmember Petso referred to the list of corrective actions to address the response time shortfalls and the use of proximity dispatch as part of the New World System. She asked when the New World System will be implemented. Commissioner Meador responded the goal is July although it may be later. Chief Widdis explained proximity dispatch utilizes automatic vehicle locators that allow dispatchers to dispatch the closest unit. He anticipated some initial training will be required regarding when a unit returns to service to prevent an out-of-area unit be dispatched close to a hospital where they transported a patient. Councilmember Peterson commented one of the big concerns in Edmonds is rail traffic, including conflicts with at-grade crossings and possible increase in coal and oil trains. He inquired about crisis planning for an incident. Chief Widdis answered FD1 is working with BNSF and Sounder on a practice incident in June. He explained as long as trains are moving, the tracks can be accessed. Once a train stops, blocking the tracks causes problems. He acknowledged personnel can crawl across cars but removing patients is difficult other than by water or helicopter. He noted Marysville has a similar situation with their at-grade crossings. Fire Commission Chair David Chan commented under Chief Widdis’ leadership, FD1 continues to be creative, innovative and efficient. He encouraged Councilmembers to contact Commissioners with any questions. Commissioner Schrock wished Edmonds a happy 110th anniversary of Edmonds Fire Service, advising FD1 is proud to be part of that legacy. 7. PUBLIC COMMENT AND CONTINUED DISCUSSION ON THE SUNSET AVENUE WALKWAY PROJECT Council President Buckshnis explained this agenda item is only public comment and no decision will be made tonight because this meeting is a work session. Council deliberation and possible decision is scheduled for the April 1 meeting. Public Works Director Phil Williams explained several questions were raised at the March 4 meeting as well as requests for a more complete list of options. Reasons for this project include maximizing view access, improve safety for all travel modes and provide accessibility. He displayed photographs of the view from the west edge of Sunset Avenue, of people walking in the street and a bicycle riding the wrong way on Sunset Avenue to illustrate safety issues, and of the dirt path on the west side of the curb to illustrate accessibility issues. Mr. Williams displayed and described sections illustrating walkway options (elements listed from west to east): • Existing Condition o Paved area between curbs 30 feet o 8’ parking o 16’ 1-way travel lane  Comparison: 2 travel lanes on Main 11’ each Packet Page 26 of 355  1-way vehicle traffic does not require 16’ o 6’ bike lane o 5’ sidewalk • Shared Use Path (recommended) o 5’ shoulder o 10’ shared use path o 2’ mountable curb o 16’ travel lane with sharrow (shared with bicycles) o 5’ sidewalk • Modified Shared Use Path o 5’ shoulder o 8’ shared use path o 2’ mountable curb o 7’ parking o 13’ travel lane with sharrow o 5’ sidewalk Mr. Williams explained the nation and international standard for the operation of fire apparatus is 20 feet of clear pavement. Although there are some differences in interpretation, FD1’s interpretation of clear pavement does not include parked cars. In an emergency FD1 will figure out a way to reach the location, however, a new design should accommodate the standard of 20 feet. The modified shared use path concept would not meet the standard of 20 feet of clear pavement if parking is retained on the west side. The shared use path does meet the standard with the 10-foot shared use path, a 2-foot mountable curb and 16- foot travel lane. • Narrow Sidewalk o 5’ shoulder o 5’ sidewalk o 7’ parking o 12’ travel lane o 6’ bike lane o 5’ sidewalk Mr. Williams advised the narrow sidewalk option does not meet the 20 feet of clear pavement standard for operation of fire apparatus of. He did not recommend either the modified shared use path or narrow sidewalk. • Shared Use Path with Modified Parking o 5’ shoulder o 10’ shared use path o 2’ mountable curb o 11’ travel lane with sharrow o 7’ parking o 5’ sidewalk Mr. Williams advised the shared use path with modified parking would meet the 20-foot clear pavement standard via the 10-foot shared use path, 2-foot mountable curb and 11-foot travel lane. He displayed a drawing of driveway radii on the southern end of Sunset Street with eastside parking, identifying areas where parallel parking could occur. He displayed a similar drawing of the north end of Sunset with eastside parking, identifying areas where parallel parking could occur and where driveways entrances would need to be widened to provide more turning radii. He summarized the shared use path with Packet Page 27 of 355 modified parking may be a way to reestablish and possibly increase the amount of parallel parking on Sunset with a 10-foot wide shared use pathway. Mr. Williams advised staff met with two residents on the south side of Caspers Street. He displayed a drawing of Caspers Street between Sunset and 3rd Avenue, identifying the right-of-way and the edge of the current street and property between the edge of the street and right-of-way that would be available for public use. He also displayed the shared street concept for Caspers Street, identifying the table top crosswalk (speed table) that slows cars and makes the pedestrian crossing easier because it is at the same level. A similar speed table would be provided at the other end of Caspers. The distance from the north curb to the existing 5-foot walkway is 35 feet; the proposal is to retain the parking and create a pathway at the same grade as the street via stamped concrete, pavers, etc. Pedestrians would use that pathway in the shared street. In response to concern expressed by residents with the original proposal to eliminate the existing sidewalk on the south side, staff proposes utilizing the same walkway treatment on the south side. Mr. Williams summarized: • Five options presented for Sunset Avenue • Two will not provide the required 20-foot clear surface for fire apparatus • Three viable options for the walkway o No action o Shared use path o Shared use path with parking on the eastside Councilmember Fraley-Monillas referred to the narrow sidewalk option and asked why it had a bike lane rather than a sharrow. Mr. Williams answered the Councilmember who suggested this option asked that the bike lane remain. The 6-foot bike lane could be combined with the 12-foot travel lane to create an 18- foot sharrow. Councilmember Fraley-Monillas asked if that would provide adequate clear surface for fire apparatus. Mr. Williams answered no, there would still not be 20 feet as parked cars are obstacles. Council President Buckshnis commented there would be a tremendous expense to shore up the 5-foot shoulder owned by BNSF, particularly near the summit and Bell and Edmonds Streets. She asked whether that cost had been estimated. Mr. Williams offered to walk the alignment with Council President Buckshnis, advising there was only 150 feet where the ideal solution would be something structural to avoid a railing. The goal has always been to have nothing blocking the view. An option to a railing on that 150 feet would be shoring it up. Council President Buckshnis asked whether there was only 150 feet along the 2,000 feet that needed to be shored up. Mr. Williams estimated it was approximately 150 feet, reiterating the project has not yet been designed. The shoulder can be accommodated on the remaining length without any major work. Council President Buckshnis asked why consideration had not been given to enhancing the natural area on the west side rather than creating a pathway. Mr. Williams answered a gravel pathway could be provided but it would not be ADA accessible. Councilmember Peterson observed the design phase will consider engineering challenges/opportunities. Mr. Williams agreed, explaining installation of a treatment on the bank in the 150-foot area rather than a 54 inch railing would require further discussion with BNSF. That could be beneficial to the walkway project as well as BNSF. Councilmember Peterson noted those answers would be provided during design, before construction began. With regard to sharrows, Councilmember Peterson was confident Cascade Bicycle Club and Complete Streets prefer sharrows on a street with low speeds instead of a dedicated bike lane. With regard to Packet Page 28 of 355 accessibility, he commented one of the concerns has been eliminating parking for people who like to park and enjoy the view. He preferred to err on the side of people being able to be out of their car and enjoy the space rather than enjoy the space from their car. He summarized accessibility was one of the key elements of this project for him, opening this incredible view corridor for everyone. Mr. Williams comments on his 87-year old mother’s use of a walker and her inability to walk on Sunset even on the sidewalk on the east side. Councilmember Fraley-Monillas questioned making Sunset Avenue a priority with regard to accessibility. As a person who advocates for people with disabilities, she asked whether every project had to be designed to serve everyone. Mr. Williams answered yes, noting a viable option was no action. If a pathway were constructed, it must be ADA accessible. Councilmember Fraley-Monillas pointed out the sidewalk on the east is ADA accessible. Mr. Williams answered it probably was at some point but standards change frequently and it no longer meets the standard. Councilmember Fraley-Monillas suggested the sidewalk on the east side of Sunset be updated as part of this project. She noted many people with disabilities would not be able to use a sidewalk on the west side for a variety of reasons. Councilmember Fraley-Monillas did not recall the issue of ADA accessibility being mentioned initially other than scooters, skateboards, bikes, strollers and wheelchairs. Now it appears the focus is building this to accommodate people with disabilities. Mr. Williams explained accessibility has been part of previous presentations and has always been a requirement anytime a facility is constructed but previously has not received a lot of attention in this project. Councilmember Petso asked how much additional right-of-way was available to the east of the existing sidewalk. Mr. Williams answered 18-24 inches. Observing this project began as a walkway, Councilmember Petso asked why the proposal now was a shared use pathway. Mr. Williams answered it has always been called the Sunset Avenue Walkway project and envisioned as a 10-foot wide space where bicycles and other non-motorized traffic would be welcome. Councilmember Petso referred to the additional safety risk of putting wheeled vehicles on the west side of Sunset compared to the existing bike lane. She asked whether a sidewalk on the west and retaining the bike lane on the east could be a legitimate alternative. Mr. Williams referred to the Green Lake, Burke- Gilman and Interurban trails that are usually 10-foot wide pathways and successful accommodate pedestrian traffic and other users. He did not envision a major hazard with a 10 foot wide multi use pathway. Narrowing the pathway requires users to operate in a smaller space and increases any conflicts. He noted 10 feet is considered an optimum minimum size for a multiuse path by AASTO and NACTO. Councilmember Petso relayed her understanding that the same amount of space, five feet, would be needed west of the walkway if it were pedestrian only. Mr. Williams agreed. Councilmember Petso asked whether the likelihood of a fence increased if users included bicycles rather than only pedestrians. Mr. Williams answered he did not see any need for a fence and the City’s project would not include a fence with the possible exception of the 150 feet where a railing could be required if BNSF will not allow installation of additional support. Councilmember Johnson relayed her understanding that a 5-foot separation from the bank was required for a multiuse pathway and a 2-foot clear zone/mountable curb and that a sidewalk has the same requirements. Mr. Williams agreed with the statement regarding the 5-foot separation, advising the 2-foot clear zone would not be required for a sidewalk as a sidewalk would likely have a curb. He recommended a separation from the bank, noting most of the standards he has referred to are for multiuse pathways. The City was unlikely to receive funding from the granting agencies for a 5-foot sidewalk on the west side as it would not meet the state or federal funding expectations for that type of facility. Packet Page 29 of 355 If the City chose to install a 5 foot sidewalk, Councilmember Johnson asked whether the 5-foot separation from the bank would be required. Mr. Williams answered good practice would suggest it but he was uncertain that the standards would require it. Connie Reckord, McLeod Reckord, answered some shoulder is recommended. Councilmember Johnson relayed concern about shoring up the embankment and who would pay for it. She asked whether any alternatives had been considered that would retain 5 feet but curve it out. Ms. Reckord explained there are a number of utilities in the roadway in the lowest part of Sunset and she was uncertain the cost of relocating the utilities if the walkway were routed to the east. Councilmember Johnson referred to erosion in that general area and asked whether it was caused by utilities and who would be responsible for addressing the existing erosion. Mr. Williams was uncertain it was a City responsibility. This project will address drainage; much of the north end of the project is not served by catch basins or stormwater pipes. He was not aware of a great deal of erosion but acknowledged there were some steep bank areas. He envisioned a partnership with BNSF to benefit both parties. Councilmember Johnson requested the PowerPoint be emailed to Councilmembers. Mayor Earling opened the opportunity for public comment. Marilyn Lindberg, Edmonds, a resident on Sunset, stressed her opposition to the Sunset Avenue walkway. She questioned the ability to construct a 12-foot sidewalk, 7-foot parking in a 30-foot street as it leaves only an 11-foot travel lane. The railroad owns the property to the west of the curb on Sunset. If a walkway is constructed, people parked in cars to enjoy the view will be 12 feet from the existing curb. She urged the Council to stop this project now, envisioning the City had more important projects on its agenda that needed to be addressed and too much time has already been expended on this project. Thalia Moutsanides, Edmonds, a resident on Sunset, expressed concern with safety, noting there have not been any facts provided with regard to injuries or deaths on Sunset. The proposal encourages the use of non-motorized modes of transportation on a sidewalk above an embankment with a train hurdling below. None of these modes of transportation are allowed on other sidewalks in the City and she envisioned a tangled mess. She relayed seeing a family with small children learning to ride bikes and none of the adults paying attention; she envisioned this scenario on the proposed walkway with a train passing below and the children interacting with other modes of transportation. She pointed out neither Kirkland nor Magnolia had 12-foot wide sidewalks and did not allow wheeled modes of transportation of on their sidewalks. She questioned spending a large amount of money on a 3-block sidewalk above train tracks. She envisioned project costs would exceed $1.9 million and that funds for design had already been expended. She asked the Council to scrap this project. Carol Nickisher, Edmonds, a resident on Sunset, relayed she spoke to 77 people on Sunset and collected 70 signatures in 4 days; 90% did not know about this project. Five people did not sign because they wanted more information and two did not sign because they work for the City. She relayed some of the comments she heard, I think it will be ugly; it’s the last strip of natural waterfront in this area, everything else is commercial or private; I love it like it is; oh no, it’s going to bring more people, there will be increased crime like in Green Lake; it sounds terrible, you come here to get away from concrete; leave it as it is; if they change it, I’m not coming here; and leave it as it is, just nature is beautiful. She noted artwork was included in the project; a number of people questioned how nature’s art could be improved. She disagreed with the allegation Sunset residents of Sunset do not want more people; residents enjoy seeing people on Sunset. She did not want to deny those unable to walk access to the view from their cars. Packet Page 30 of 355 Mark Moody, Edmonds, a resident on Caspers Street, said he and a neighbor meet with three City staff members today and did not get the impression that the process was at a point where a decision would be made in the next two weeks. He has a number of questions about the Caspers Street project; many of the questions have been deferred because the project has not been formally engineered. He felt the discussion about the project’s design elements was part of engineering the project. Mike Echelbarger, Edmonds, a resident on Sunset, commented on the 20-foot clear space for fire apparatus, expecting less space could be adequate as the trucks are only 8½ feet wide. With regard to shoring up the bank, he pointed out this project includes installing drainage on the north end of Sunset where there are currently no drainage facilities. Installing drainage would make the bank more stable and result in less erosion and less potential for slides. He felt the 5-foot sidewalk on the west side would be a bad idea because it would require people to walk single file when passing people in the opposite direction. He said the walkway must be wider than 5 feet; 8 feet might be workable. Wheelchairs often use the bike lane on Sunset because the existing sidewalk on the east side is not ADA accessible. He did not support improving the sidewalk on the east side, questioning who would walk on the east side once a path was constructed on the west side. Linda Hedges, Edmonds, recalled she never had any mishaps when visiting Sunset with her children and grandchildren in strollers. She reported on her observation of the parking space in front of her house, 12 vehicles came and went during a 1½ hour period, illustrating the number of people who visit Sunset by car and need and deserve a water fix. Moving the parking to the east side will prevent them from enjoying the water. Many elderly people, including her mother, must enjoy the view from their car or indoors because the weather is too cold much of the time. She commented on the importance of guest parking for Sunset Avenue residents. In the current parking configuration there are plenty of areas over 20 feet for the fire department to use. Rick Hedges, Edmonds, urged the Council to abandon the Sunset Avenue walkway project as more distressing information is provided at every meeting. For example in the beginning residents were told there would be no parking changes and fencing would most likely not be triggered; now all the parking has been removed north of 344 Sunset and up to 150 feet of 54-inch high fencing will be installed. There is no long term commitment from BNSF about the use of the property where improvements would be installed to stabilize the bank. He was concerned BNSF will require a fence if a 10-foot multiuse walkway is installed. He did not support allowing bicycles on a walkway particularly next to railroad tracks. He urged the City to rethink the project and leave the serenity and access to Sunset the way it is. The current view corridors in the parking would allow fire trucks to weave in and out. Many people park and enjoy the view from their car; parking 10 feet away would not provide the same experience. Robert Suydam commented on unforeseen logistics of this plan including the lease imposed on the City by BNSF as a result of this plan. He questioned why BNSF has not been included in the conversation and what BNSF’s stance is on the proposed plan. He commented on problems of doors opening into traffic on Main Street due to the narrow lanes, anticipated the same would occur on Sunset. In the Edmonds Beacon 97 people opposed the walkway project, 17 were in favor of it. As a student who crosses the Burke Gilman trail several times a day, cyclists exceed the speed limit and do not stop for pedestrians. He anticipated combining kids, pedestrians and bikes on a multiuse pathway would create logistical problems and liability for the City. The embankment is very steep with railroad tracks below; the Green Lake trail is a very gradual slope into water. The problems on Sunset are people committing suicide, drainage and possibly the existing sidewalk that is not ADA compliant. He suggested improving the existing sidewalk and drainage on Sunset via a project that would address the problem, but not create liability for the City or harm the City’s relationship with BNSF. Packet Page 31 of 355 Richard Blacklow, Edmonds, a resident on Caspers, thanked Ed Sibrel, Rob English and Phil Williams for meeting with him and his neighbor today. The new proposal that include more parking could reduce the need for parking on Caspers. The current plan calls for adding parking on Caspers. He encouraged the Council to spend more time considering the improvements planned for Caspers Street. He suggested the width of the crossing table be reduced and moved closer to the turn from Sunset to Caspers. If the need for parking were reduced, possibly the sidewalk on the south side of Caspers could be retained. Vehicular traffic is already close to the houses and even closer under the current plan. Paxton Hedges related concerns with safety. He could not image allowing his youngest child, who is learning to ride a bike, to ride on a sidewalk with a train below without a fence. He recommended the City be good stewards of grant money which is actually taxpayers’ money and not waste it on an unnecessary project. Roger Hertrich, Edmonds, agreed with Mr. Sudan’s comments to leave the current configuration of Sunset alone. Sunset and Caspers have existed with minor changes over the years that benefitted the general public. He estimated people enjoying the view from their cars represent 10 times as many people compared to walkers. He suggested a better sidewalk is needed on the east side. Few people ride bikes in that area and many people walk in the bike path. He disagreed with the concept of a multiuse path, finding it impractical for a three block section. He urged the Council to leave Sunset and Caspers as they are. Bruce Jones, Edmonds, commented the Council is wrestling with competing public uses. He advocated for the people who can only visit Sunset by vehicle. Many parks require exiting ones vehicle to access the amenities; the only other place to enjoy the view from a vehicle is Brackett’s Landing but divers often block the parking. He summarized the parking on Sunset is not just storage of vehicles, it is a park use. Hearing no further comment, Mayor Earling closed the opportunity for public comment. Mr. Williams clarified the number of angle parking spaces would not change and may be increased. He agreed the angle parking was well used by people enjoying the view and sea breezes from their car. Parallel parking can be maintained if the Council choses; an option presented tonight would move it to the east side of the street, providing the same view of the water, sunsets and Olympic Mountains. Council President Buckshnis commented tonight’s meeting is a work session. The Council has been considering the Sunset Avenue walkway since November. The intent is to begin deliberations and give guidance to staff next week. The Council has heard a great deal of public comment and the public is welcome to continue providing comment during Audience Comments. She express interest in viewing the 150-foot area. Councilmember Petso asked Fire Marshal Westfall to comment on the 20-foot requirement for fire apparatus. Fire Marshal Westfall explained when he discussed this with Mr. Williams and Mr. English, he pointed out the 20-foot fire lanes are a not FD1 standard but are required by ordinance in Edmonds. Shared use on a street is an option; 20 feet is the requirement but it can be shared. Councilmember Petso referred to comments about a drainage project at the north end of Sunset and asked whether that project could be accomplished with or without the walkway project. Mr. Williams agreed improvements are needed in the drainage system on Sunset. They would be done as part of a walkway project but could be done as a separate project. Councilmember Petso did not recall the Sunset walkway being mentioned as a priority in the Strategic Plan. She asked whether this specific project was identified in the Strategic Plan or only in a general way Packet Page 32 of 355 as waterfront or view access. Mr. Williams did not recall whether this was specifically identified as a project; he recalled interest in the Strategic Plan in enhancing the public’s access to the waterfront. He offered to research that. He noted the Sunset walkway was specifically identified in the recently adopted Parks, Recreation and Open Space Plan. Councilmember Peterson commented on the history of this project, explaining this project was initiated several years ago by a citizen who approached him and then-Councilmember Bernheim about creating a walkway on Sunset. He and then-Councilmember Bernheim discussed the idea with staff. He assured this was a citizen-driven, not a staff-driven project. 9. MARCH 2014 BUDGET AMENDMENT ORDINANCE Finance Director Scott James provided the following information regarding the budget amendment: • 35 decision packages • 17 decision packages are carry-forwards and have been previous discussed by Council (pages 10- 26) • 18 new decision packages for Council consideration (pages 27-44) • $4,035,842 in new revenues to pay toward $5,830,111 in expenditures Mr. James reviewed the budget amendment summary (page 9), advising the net change in ending fund balance is a decrease of $820,056. He reviewed new budget amendments: • Page 27: Develop City Wellness Program o The City’s insurer, United Heathcare, recommends the City establish a Wellness Program o Benefits to the City include lower premiums • Page 28: Edmonds Municipal Court – change from office to probation budget o No impact budget amendment • Page 29: Grant for Fitness Room equipment o Grant funds to purchase $39,513 in fitness equipment • Page 30: Facilities Maintenance – salary/budget adjustment o Collective bargaining agreement requires facilities maintenance staff assigned to work in the Police Department receive a higher pay • Page 31: Public Works – Construction Inspection, Swedish Hospital Utilities o Fund additional inspections related to Swedish Hospital expansion o Fee revenues will fund the new inspector o Subsequent budget amendment will be proposed for the new revenues Councilmember Petso questioned the need for outside staff rather than in-house staff when the budget included hiring a Project Manager. City Engineer Rob English advised the packet includes a response to a question Councilmember Petso raised at the Finance Committee regarding staffing levels. He explained one of the Project Manager positions approved in the 2014 budget has not been filled. If a Project Manager is diverted to Swedish inspections, capital projects such as water mains, studies, will not be done. The proposal is to hire a consultant to do construction inspections for the Swedish Hospital expansion. Council President Buckshnis thanked staff for the additional information they provided in response to questions raised at the Finance Committee. She noted the Swedish inspection require special skills. Mr. James continued his review of the proposed amendments: • Page 32: Finance – 2003 UTGO Refunding o Will save the City $88,000 over the next two years • Page 33: Street Department/Public Works – Reinstatement of vacated position Packet Page 33 of 355 o Ongoing expense, will be included in the 2015 budge Councilmember Petso observed this position was funded in 2011, 2012 and 2013 without filling it. Public Works Director Phil Williams explained an employee transfer from the Street Division to the Water Division resulted in a vacancy. The position was not filled in 2011 when it became vacant due to budget constraints. The position was not funded in the 2012 or 2013 budgets. It was his understanding that the FTE carried forward and the only thing missing was funds for the position; however, he later learned that although funding was included in the 2014 budget, the FTE had not carried forward. Councilmember Petso observed the budget narrative appears to indicate this position was funded in 2012 and 2013. Mr. Williams answered the Street Division has had 7 maintenance workers for over 25 years; 1 position was not filled for 2 years due to budget constraints. The goal is to return the Street Division to historical levels. The position was funded in the year the vacancy occurred but was not funded in the following year. Councilmember Petso observed the 2014 budget reflects the reduced number of Street Division employees. Mr. Williams advised funds for the position were included in the 2014 budget and it is programmed into the 5-year outlook. Councilmember Petso observed the $300,000 was allocated to the category of other. She asked if the funds would be available for paving projects if they were not needed for salary/benefits. Mr. Williams answered $1.2 million is allocated in the 2014 budget for paving. The $300,000 was to balance the Street Division budget based on increasing costs and fill this vacant position. COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCILMEMBER PETSO, TO EXTEND THE MEETING FOR 30 MINUTES. Council President Buckshnis recommended Agenda Item 11 be moved to next week. MOTION CARRIED UNANIMOUSLY. Mr. James continued his review of the budget amendments: • Page 34: Finance – add transfer into Fund 132 o Housekeeping • Page 35: Finance – eliminate transfer into Fund 617 o Housekeeping • Page 36: Fleet Maintenance – Replacement vehicle for Assistant Police Chief • Page 37: Parks, Recreation and Cultural Services – funds for Woodway Fields o Approved in the 2013 budget, auditor request not to transfer funds • Page 38: Parks, Recreation and Cultural Services – Edmonds Marsh project o Approved in the 2013 budget, auditor request not to transfer funds • Page 39: Parks, Recreation and Cultural Services – Fourth Avenue Cultural Corridor Project o Approved in the 2013 budget, auditor request not to transfer funds • Page 40: Public Works – 2013 Sanitary Sewer Replacement Project o Programs unspent funds from 2013, $300,000 in bond proceeds and transfer $500,000 in funds from the Citywide CIPP sewer rehab project • Page 41: Public Works-Engineering – Perrinville Creek High Flow Management Project o $50,000 grant to fund the project • Page 42: Public Works-Engineering – 105th/106th St. SW Drainage Improvements o $35,000 to supplement grant funds • Page 43: Public Works-Engineering – Perrinville Creek Flow Reduction Retrofit o $16,000 to supplement grant funds and complete the project • Page 44: Connected Sumps on 238th St. to Hickman Park Packet Page 34 of 355 o $284,870 from ending fund balance to complete the project, bringing the total budget for the project to $343,160 Councilmember Petso referred to page 13, building professional services, relaying her impression this was not charged to the projects that created the need for additional inspections. Mr. Chave answered professional services in the building division have historically been used for permit reviews. Building fees fund the City’s review of permits; reviews can be done by existing staff, temporary staff or professional services via contracting with a private company to do the review. Professional services have historically been budgeted in building but were decreased during the recession. Now that building activity has increased, this request is to restore professional services to fund additional reviews. The request is for professional services due to the uncertainty regarding permit activity. He noted Building Official Leif Bjorback found a reviewer who not only charges less but does reviews quickly. Councilmember Petso relayed her understanding the 2014 budget included funds for a plans checker/building inspector. She asked whether that was the same position this request would cover. Mr. Chave answered the budget request was to replace a person lost during the recession; the request for professional services is in addition to that person. COUNCIL PRESIDENT BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO APPROVE ORDINANCE NO. 3963, TO APPROVE THE MARCH 2014 BUDGET AMENDMENT. Councilmember Bloom did not recall this many large a budget amendment in previous years. Mr. James agreed it was a large budget amendment; many of the items have been previously discussed by the Council and represent carry-forward items. Council President Buckshnis agreed it was a large budget amendment but none of the items were improper. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO AMEND THE MOTION TO NOT INCLUDE THE INCREASED STAFF IN THE STREET DEPARTMENT. Councilmember Petso explained she proposed the amendment because staff was typically added during the budget process not via a budget amendment. In addition, this position has been vacant for over three years and she was not convinced it was necessary to add it at this time. Councilmember Fraley-Monillas suggested due to the late hour and remaining questions this item be referred to the Finance Committee. Mayor Earling explained this position is critical due to increased workload as a result of funding in the budget for overlays as well as street maintenance. UPON ROLL CALL, AMENDMENT FAILED (2-5), COUNCILMEMBERS PETSO AND BLOOM VOTING YES; COUNCIL PRESIDENT BUCKSHNIS AND COUNCILMEMBERS PETERSON, MESAROS, FRALEY-MONILLAS AND JOHNSON VOTING NO. MAIN MOTION CARRIED UNANIMOUSLY. 10. TRAFFIC IMPACT FEE ANNUAL REPORT City Engineer Rob English provided the following information: • Council adopted Transportation Impact Fee (TIF) in 2004 • Rate Study calculated a $764 per trip cost which equates to $841 per single family unit TIF Packet Page 35 of 355 • TIF revised in 2010 as part of the Transportation Plan update • Rate study calculated a $1049 per trip cost which equates to $1,196 per single family unit TIF He reviewed capital improvements that impact fees can/cannot pay for: • Can pay for system improvements o Concurrency projects included in the Capital Facilities Plan • Cannot pay for street maintenance or operations • Cannot pay for on-site development improvements • Cannot pay for existing deficiencies Mr. English reviewed calculation methods and payment of TIF: • Land Use Category (ITE Manual) o Types – single family, apartment, shopping center, fast food, medical office, etc. o Calculated by unit or square footage of development • Independent Fee Calculation o Prepared when land use categories do not capture impacts of new development • Paid upon issuance of: o Building permit o Business License Mr. English reviewed the 2013 report: Beginning Balance $347,126.62 Impact Fees Collected $156,463.10 Interest $188.79 Expenditures • Debt service on 220th • Five Corners Roundabout $117,581.22 Ending Balance $386,197.29 Mr. English provided a comparison of TIF collected 2004-2013: 2004 – 2013 Impact Fees 2004 $5,641 2005 $165,024 2006 $106,842 2007 $160,429 2008 $62,686 2009 $54,150 2010 $34,873 2011 $307,678 2012 $29,966 2013 $156,652 Total $1,083,941 Councilmember Mesaros referred to what TIF can/cannot be used for and asked the difference between system improvements to accommodate new growth and system deficiencies. Mr. English explained system improvements are improvements to the overall transportation system. A system improvement cannot automatically be included in the TIF calculation; the amount of the existing deficiencies must be assessed. City Attorney Jeff Taraday provided an example using level of service (LOS): the City’s adopted LOS is C, an intersection currently functions at LOS D and an improvement will bring the LOS Packet Page 36 of 355 to B. A formula is used to allocate the cost of the project to raise it from LOS D to C (deficiency) and to raise it from C to B (accommodate new growth). 11. REPORT ON OUTSIDE BOARD AND COMMITTEE MEETINGS Due to the late hour, this item was rescheduled to the April 1 meeting. 12. MAYOR'S COMMENTS Mayor Earling reported Swedish Hospital submitted a check for $120,000 to start the expansion on their site; a similar amount will be paid in the near future. Mayor Earling advised donations to assist residents affected by mudslide near Darrington/Arlington can be made at US Bank. He looked forward to the Senior Center’s annual meeting tomorrow. 13. COUNCIL COMMENTS Councilmember Fraley-Monillas relayed citizens’ thoughts and prayers go out to the citizens and councils in Oso, Darrington and Arlington. She observed the importance of sticking together in a tragedy. Councilmember Peterson echoed Councilmember Fraley-Monillas’ comments. He reported Synergize Edmonds is promoting solar panels in Edmonds. Information on rebates and tax credits for adding solar panels to a home is available at Solar-u.com. Council President Buckshnis advised US Bank is located at 4th & Dayton. She agreed with Councilmember Fraley-Monillas and Peterson’s comment about the residents of Oso. 14. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) This item was not needed. 15. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. 16. ADJOURN With no further business, the Council meeting was adjourned at 10:33 p.m. Packet Page 37 of 355 AM-6718 3. C. City Council Meeting Meeting Date:04/01/2014 Time:Consent Submitted For:Scott James Submitted By:Nori Jacobson Department:Finance Review Committee: Committee Action: Type: Action Information Subject Title Approval of claim checks #207760 through #207892 dated March 27, 2014 for $1,884,191.77. Please Note: This batch of checks includes check #207871 for $2,747.16 that had to be voided and re-issued. The re-issued check #207892 is for $2,558.16. Approval of replacement payroll check #60883 for $47.78. Recommendation Approval of claim and replacement payroll checks. Previous Council Action N/A Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non-approval of expenditures. Fiscal Impact Fiscal Year:2014 Revenue: Expenditure:1,884,191.77 Fiscal Impact: Claims $1,884.191.77 Replacement Payroll check $47.78 Attachments Claim checks 03-27-14 Claim checks 03-27-14a Claim checks 03-27-14b Project Numbers 03-27-14 Packet Page 38 of 355 Form Review Inbox Reviewed By Date Finance Scott James 03/27/2014 11:59 AM City Clerk Scott Passey 03/27/2014 12:03 PM Mayor Dave Earling 03/27/2014 01:38 PM Finalize for Agenda Scott Passey 03/27/2014 02:18 PM Form Started By: Nori Jacobson Started On: 03/26/2014 01:46 PM Final Approval Date: 03/27/2014 Packet Page 39 of 355 03/26/2014 Voucher List City of Edmonds 1 12:57:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 207760 3/27/2014 065052 AARD PEST CONTROL 330929 MONTHLY PEST CONTROL MONTHLY PEST CONTROL 423.000.76.535.80.41.00 73.00 9.5% Sales Tax 423.000.76.535.80.41.00 6.94 Total :79.94 207761 3/27/2014 065568 ALLWATER INC 030614060 WWTP WATER COOLER WWTP WATER COOLER 423.000.76.535.80.41.23 30.97 Total :30.97 207762 3/27/2014 073626 ALPHA ECOLOGICAL 2341649 PS - Maint Contract B/Monthly PS - Maint Contract B/Monthly 001.000.66.518.30.48.00 99.00 9.5% Sales Tax 001.000.66.518.30.48.00 9.41 Total :108.41 207763 3/27/2014 001528 AM TEST INC 79658 ICP SCAN, LAB TESTS ICP SCAN, LAB TESTS 423.000.76.535.80.41.31 75.00 Total :75.00 207764 3/27/2014 069751 ARAMARK UNIFORM SERVICES 1987327423 PARKS MAINT UNIFORM SERVICE PARKS MAINT UNIFORM SERVICE 001.000.64.576.80.47.00 58.46 9.5% Sales Tax 001.000.64.576.80.47.00 5.55 Total :64.01 207765 3/27/2014 072576 ART ACCESS 13101 ARTS ACCESS AD LISTING JAN-MAR ARTS ACCESS AD LISTING JAN-MAR 117.100.64.573.20.44.00 52.50 Total :52.50 1Page: Packet Page 40 of 355 03/26/2014 Voucher List City of Edmonds 2 12:57:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 207766 3/27/2014 071124 ASSOCIATED PETROLEUM 0548946-IN ULSD #2 DYED ULSD #2 DYED 423.000.76.535.80.32.00 7,678.98 9.5% Sales Tax 423.000.76.535.80.32.00 729.50 Total :8,408.48 207767 3/27/2014 001795 AUTOGRAPHICS 79527 City Hall - Signage City Hall - Signage 001.000.66.518.30.48.00 171.00 9.5% Sales Tax 001.000.66.518.30.48.00 16.25 Total :187.25 207768 3/27/2014 001527 AWWA 7000784213 Annual Dues - J Waite, P Williams Annual Dues - J Waite, P Williams 421.000.74.534.80.49.00 1,856.00 Total :1,856.00 207769 3/27/2014 074307 BLUE STAR GAS 0760239-IN Fleet - Auto Propane Inventory - 585.5 Fleet - Auto Propane Inventory - 585.5 511.000.77.548.68.34.12 1,081.72 Total :1,081.72 207770 3/27/2014 066578 BROWN AND CALDWELL 14211828 EDMONDS ON-CALL 2012-13 / CONTINUATION EDMONDS ON-CALL 2012-13 / CONTINUATION 423.000.76.535.80.41.11 2,608.25 Total :2,608.25 207771 3/27/2014 073029 CANON FINANCIAL SERVICES 13623611 CITY CLERK'S OFFICE COPIER LEASE Lease City Clerk's Coper 001.000.25.514.30.45.00 466.97 9.5% Sales Tax 001.000.25.514.30.45.00 44.36 RECEPTIONIST DESK COPIER LEASE13623613 Recept. desk copier 2Page: Packet Page 41 of 355 03/26/2014 Voucher List City of Edmonds 3 12:57:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 207771 3/27/2014 (Continued)073029 CANON FINANCIAL SERVICES 001.000.25.514.30.45.00 20.11 9.5% Sales Tax 001.000.25.514.30.45.00 1.91 Total :533.35 207772 3/27/2014 073029 CANON FINANCIAL SERVICES 13626542 PARKS MAINT EQUIPMENT RENTAL IRC1030IF PARKS MAINT EQUIPMENT RENTAL IRC1030IF 001.000.64.576.80.45.00 33.02 9.5% Sales Tax 001.000.64.576.80.45.00 3.14 Total :36.16 207773 3/27/2014 073029 CANON FINANCIAL SERVICES 13623615 Lease Bldg printer/copier Lease Bldg printer/copier 001.000.62.524.10.45.00 36.16 Total :36.16 207774 3/27/2014 071816 CARLSON, JESSICA CARLSON 18017 ADVENTURES IN DRAWING 18017 ADVENTURES IN DRAWING 18017 001.000.64.571.22.41.00 396.00 Total :396.00 207775 3/27/2014 069813 CDW GOVERNMENT INC KM72237 SEAGATE NAS RACKMOUNT SERVER 4TB Seagate NAS 4TB 1U 4 bay RM Server - 001.000.31.518.88.35.00 1,098.98 9.5% Sales Tax 001.000.31.518.88.35.00 104.40 Total :1,203.38 207776 3/27/2014 064291 CENTURY LINK 206-Z02-0478 WWTP TELEMETRY CIRCUIT LINE WWTP TELEMETRY CIRCUIT LINE 423.000.76.535.80.42.00 138.73 Total :138.73 207777 3/27/2014 065682 CHS ENGINEERS LLC 450901-1402 E9GA.SERVICES THRU FEBRUARY 2014 E9GA.Services thru February 2014 3Page: Packet Page 42 of 355 03/26/2014 Voucher List City of Edmonds 4 12:57:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 207777 3/27/2014 (Continued)065682 CHS ENGINEERS LLC 423.000.75.594.35.41.30 13,538.42 E3GA.SERVICES THRU FEBRUARY 2014451202-1402 E3GA.Services thru February 2014 423.000.75.594.35.41.30 6,156.11 E3FE.SERVICES THRU JANUARY 2014451303-1401 E3FE.Services thru January 2014 422.000.72.594.31.41.20 427.50 E3FG.SERVICES THRU JANUARY 2014451304-1401 E3FG.Services thru January 2014 422.000.72.594.31.41.20 85.50 Total :20,207.53 207778 3/27/2014 073430 CHUPRINA, LARISSA CHUPRINA UKRANIAN EGG DECORATING UKRANIAN EGG DECORATING 001.000.64.571.22.41.00 178.20 Total :178.20 207779 3/27/2014 063902 CITY OF EVERETT I14000604 Water Quality - Water Lab Analysis Water Quality - Water Lab Analysis 421.000.74.534.80.41.00 567.00 Total :567.00 207780 3/27/2014 071389 COASTAL WEAR PRODUCTS INC 4673 Unit 38 - Elgin Eagle Tube Broom HD Unit 38 - Elgin Eagle Tube Broom HD 511.000.77.548.68.31.10 500.00 Freight 511.000.77.548.68.31.10 25.00 Sales Tax 511.000.77.548.68.31.10 46.73 Total :571.73 207781 3/27/2014 004095 COASTWIDE LABS W2646775 Fac Maint - Bleach Cleaner, TT, Towles, Fac Maint - Bleach Cleaner, TT, Towles, 001.000.66.518.30.31.00 541.94 9.5% Sales Tax 4Page: Packet Page 43 of 355 03/26/2014 Voucher List City of Edmonds 5 12:57:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 207781 3/27/2014 (Continued)004095 COASTWIDE LABS 001.000.66.518.30.31.00 51.48 Total :593.42 207782 3/27/2014 004095 COASTWIDE LABS W2643274 HEPASTAT HEPASTAT 001.000.64.571.22.31.00 41.76 9.5% Sales Tax 001.000.64.571.22.31.00 3.97 Total :45.73 207783 3/27/2014 074680 COMBINED CONSTRUCTION INC E3DA.Pmt 1 E3DA.PMT THRU 2/19/14 E3DA.Pmt 1 thru 2/19/14 112.200.68.595.33.65.00 9,720.00 E3DA.Ret 1 112.200.223.400 -4,860.00 Total :4,860.00 207784 3/27/2014 074816 CONCRETE EXPERTS OUTFALL WWTP OUTFALL PIPE REPAIR WWTP OUTFALL PIPE REPAIR 423.000.76.535.80.41.11 17,450.00 WWTP OUTFALL PIPE REPAIR 423.000.75.535.80.41.00 17,450.00 9.5% Sales Tax 423.000.76.535.80.41.11 1,535.60 9.5% Sales Tax 423.000.75.535.80.41.00 1,535.60 Total :37,971.20 207785 3/27/2014 004867 COOPER, JACK F 31 LEOFF reimbursment LEOFF reimbursment 617.000.51.522.20.23.00 1,258.80 Total :1,258.80 207786 3/27/2014 074818 CTS COMBINED SYSTEMS INC INV1400469 INV#1400469 - EDMONDS PD REPAIR M1115 LAUNCHER 5Page: Packet Page 44 of 355 03/26/2014 Voucher List City of Edmonds 6 12:57:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 207786 3/27/2014 (Continued)074818 CTS COMBINED SYSTEMS INC 001.000.41.521.40.48.00 725.00 Freight 001.000.41.521.40.48.00 150.00 Total :875.00 207787 3/27/2014 006200 DAILY JOURNAL OF COMMERCE 3285772 ADVERTISE TO BID C411 ADVERTISE TO BID C411 423.100.76.594.39.41.10 383.80 Total :383.80 207788 3/27/2014 073823 DAVID EVANS & ASSOC INC 341975 E1AA.SERVICES THRU 3/1/14 E1AA.Services thru 3/1/14 112.200.68.595.33.41.00 1,833.24 Total :1,833.24 207789 3/27/2014 006635 DEPT OF LICENSING DeLilla.PE License DELILLA.PE LICENSE RENEWAL 2014 DeLilla.PE License Renewal 2014 001.000.67.532.20.49.00 116.00 Total :116.00 207790 3/27/2014 073757 DEX MEDIA WEST INC 651150804 CEMETERY AD CEMETERY AD 130.000.64.536.20.44.00 58.98 Total :58.98 207791 3/27/2014 064531 DINES, JEANNIE 14-3437 MINUTE TAKING Verbatim 3/4 mtg.-council mtg 3/18 001.000.25.514.30.41.00 422.40 Total :422.40 207792 3/27/2014 064640 DMCMA 2014 DMCMA 2014 REGIONAL TRAINING COURT CLERKS REGIONALS - SHEREL RENEE SILVIA TAMMY 001.000.23.512.50.49.00 125.00 Total :125.00 207793 3/27/2014 074492 EARTHCORPS 4396 317-12-01 WILLOW CREEK DAYLIGHT PROJECT 6Page: Packet Page 45 of 355 03/26/2014 Voucher List City of Edmonds 7 12:57:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 207793 3/27/2014 (Continued)074492 EARTHCORPS 317-12-01 WILLOW CREEK DAYLIGHT PROJECT 125.000.64.575.50.41.00 1,500.00 317-12-01 WILLOW CREEK DAYLIGHT PROJECT4398 317-12-01 WILLOW CREEK DAYLIGHT PROJECT 125.000.64.575.50.41.00 2,683.28 317-14-01 WILLOW CREEK DAYLIGHT PROJECT4517 317-14-01 WILLOW CREEK DAYLIGHT PROJECT 125.000.64.575.50.41.00 2,617.75 Total :6,801.03 207794 3/27/2014 007775 EDMONDS CHAMBER OF COMMERCE 355 MARCH CHAMBER LUNCHEON March Chamber Luncheon Meeting 001.000.21.513.10.49.00 20.00 Total :20.00 207795 3/27/2014 008705 EDMONDS WATER DIVISION 6-01127 WWTP 200 2ND AVE S / METER 2088 WWTP 200 2ND AVE S / METER 2088 423.000.76.535.80.47.64 130.43 WWTP 200 2ND AVE S / METER 94396-01130 WWTP 200 2ND AVE S / METER 9439 423.000.76.535.80.47.64 25.63 WWTP 200 2ND AVE S / METER 50104846-01140 WWTP 200 2ND AVE S / METER 5010484 423.000.76.535.80.47.64 1,008.66 Total :1,164.72 207796 3/27/2014 008705 EDMONDS WATER DIVISION 3-07490 16113 75TH PL W 16113 75TH PL W 001.000.64.576.80.47.00 70.53 18410 92ND AVE W3-38565 18410 92ND AVE W 001.000.64.576.80.47.00 34.65 Total :105.18 207797 3/27/2014 008812 ELECTRONIC BUSINESS MACHINES 097816 COPY MAINTENANCE 7Page: Packet Page 46 of 355 03/26/2014 Voucher List City of Edmonds 8 12:57:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 207797 3/27/2014 (Continued)008812 ELECTRONIC BUSINESS MACHINES COPY MAINTENANCE 001.000.23.512.50.48.00 4.14 Total :4.14 207798 3/27/2014 008812 ELECTRONIC BUSINESS MACHINES 097556 1 Additional images Planning Div Additional images Planning Div 001.000.62.524.10.45.00 12.26 Additional images building division097557 1 Additional images building division 001.000.62.524.10.45.00 10.64 Total :22.90 207799 3/27/2014 009350 EVERETT DAILY HERALD LG546871 ADVERTISE TO BID C411 ADVERTISE TO BID C411 423.100.76.594.39.41.10 168.56 Total :168.56 207800 3/27/2014 009350 EVERETT DAILY HERALD LG549619 NEWSPAPER ADS Hrng. Concession Agreement 001.000.25.514.30.44.00 44.72 NEWSPAPER ADLG549620 Hrng Marijuana Moratorium 001.000.25.514.30.44.00 39.56 NEWSPAPER ADLG549651 Hrng. Marijuana Zoning 001.000.25.514.30.44.00 51.60 Total :135.88 207801 3/27/2014 009350 EVERETT DAILY HERALD LG546047 Legal Notice - ADM 2012.0006 HRG -~ Legal Notice - ADM 2012.0006 HRG -~ 001.000.62.558.60.44.00 49.88 Total :49.88 207802 3/27/2014 009800 FACTORY DIRECT TIRE SALES 72486 MOUNT LAWN TIRES MOUNT LAWN TIRES 001.000.64.576.80.31.00 100.00 8Page: Packet Page 47 of 355 03/26/2014 Voucher List City of Edmonds 9 12:57:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 207802 3/27/2014 (Continued)009800 FACTORY DIRECT TIRE SALES 9.5% Sales Tax 001.000.64.576.80.31.00 9.31 Total :109.31 207803 3/27/2014 074430 FAST WATER HEATER BLD 2014.0226 Refund - void permit, site outside City Refund - void permit, site outside City 001.000.257.620 75.00 Total :75.00 207804 3/27/2014 071026 FASTSIGNS OF LYNNWOOD 443 13601a CORNER PARK TAGS CORNER PARK TAGS 127.000.64.575.50.31.00 18.00 9.5% Sales Tax 127.000.64.575.50.31.00 1.71 CORNER PARK TAGS443 13721 CORNER PARK TAGS 127.000.64.575.50.31.00 11.00 9.5% Sales Tax 127.000.64.575.50.31.00 1.05 Total :31.76 207805 3/27/2014 009880 FEDEX 2-588-59820 E4CA.FEDEX SHIPPING FOR SNO CO ILA'S E4CA.FEDEX SHIPPING FOR SNO CO ILA'S 112.200.68.595.33.41.00 49.40 Total :49.40 207806 3/27/2014 009815 FERGUSON ENTERPRISES INC 0413432 Meter Inventory - #2031 ~ Meter Inventory - #2031 ~ 421.000.74.534.80.34.30 1,660.80 #2027 M-METER-02-010 421.000.74.534.80.34.30 2,956.68 9.5% Sales Tax 421.000.74.534.80.34.30 438.66 Water - Touch Reader0413439 Water - Touch Reader 9Page: Packet Page 48 of 355 03/26/2014 Voucher List City of Edmonds 10 12:57:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 207806 3/27/2014 (Continued)009815 FERGUSON ENTERPRISES INC 421.000.74.534.80.35.00 485.81 9.5% Sales Tax 421.000.74.534.80.35.00 46.15 Total :5,588.10 207807 3/27/2014 011900 FRONTIER 253-007-4989 SEAVIEW RESERVOIR TELEMETRY CIRCUIT LINE SEAVIEW RESERVOIR TELEMETRY CIRCUIT 421.000.74.534.80.42.00 29.02 TELEMETRY CIRCUIT LINES253-012-9166 TELEMETRY CIRCUIT LINES 421.000.74.534.80.42.00 151.72 TELEMETRY CIRCUIT LINES 423.000.75.535.80.42.00 281.76 TELEMETRY CIRCUIT LINE253-014-8062 TELEMETRY CIRCUIT LINE 421.000.74.534.80.42.00 18.53 TELEMETRY CIRCUIT LINE 423.000.75.535.80.42.00 34.42 TELEMETRY CIRCUIT LINE253-017-4360 TELEMETRY CIRCUIT LINE 421.000.74.534.80.42.00 43.86 TELEMETRY CIRCUIT LINE 423.000.75.535.80.42.00 81.46 CIVIC CENTER ELEVATOR PHONE LINE425-712-8347 CIVIC CENTER ELEVATOR PHONE LINE 250 001.000.66.518.30.42.00 58.78 FRANCES ANDERSON CENTER ALARM LINE425-776-3896 FRANCES ANDERSON CENTER FIRE AND 001.000.66.518.30.42.00 118.22 Total :817.77 207808 3/27/2014 011910 GEOLINE BELLEVUE 323390 Water - Batteries for Juno's Water - Batteries for Juno's 421.000.74.534.80.31.00 150.00 Freight 10Page: Packet Page 49 of 355 03/26/2014 Voucher List City of Edmonds 11 12:57:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 207808 3/27/2014 (Continued)011910 GEOLINE BELLEVUE 421.000.74.534.80.31.00 6.68 9.5% Sales Tax 421.000.74.534.80.31.00 14.88 Total :171.56 207809 3/27/2014 063137 GOODYEAR AUTO SERVICE CENTER 116044 Fleet Tire Inventory Fleet Tire Inventory 511.000.77.548.68.34.30 1,511.86 St Tire Fee 511.000.77.548.68.34.30 14.00 9.5% Sales Tax 511.000.77.548.68.34.30 143.63 Fleet - Scrap Tire Disposal Fee116046 Fleet - Scrap Tire Disposal Fee 511.000.77.548.68.48.00 70.00 9.5% Sales Tax 511.000.77.548.68.48.00 6.65 Total :1,746.14 207810 3/27/2014 012199 GRAINGER 9377818266 Water - Sponge Roll Water - Sponge Roll 421.000.74.534.80.31.00 37.71 9.5% Sales Tax 421.000.74.534.80.31.00 3.58 PS - Tubing9389135030 PS - Tubing 001.000.66.518.30.31.00 232.57 9.5% Sales Tax 001.000.66.518.30.31.00 22.10 Total :295.96 207811 3/27/2014 069733 H B JAEGER COMPANY LLC 146380/1 Sewer - Supplies Sewer - Supplies 423.000.75.535.80.31.00 964.62 9.5% Sales Tax 11Page: Packet Page 50 of 355 03/26/2014 Voucher List City of Edmonds 12 12:57:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 207811 3/27/2014 (Continued)069733 H B JAEGER COMPANY LLC 423.000.75.535.80.31.00 91.64 Sewer - Part for LS146381/1 Sewer - Part for LS 423.000.75.535.80.31.00 134.65 Freight 423.000.75.535.80.31.00 16.68 9.5% Sales Tax 423.000.75.535.80.31.00 14.38 Sewer - LS 8 - Gaskets - Sent on a Rush146382/1 Sewer - LS 8 - Gaskets - Sent on a Rush 423.000.75.535.80.31.00 2.32 Freight 423.000.75.535.80.31.00 5.78 9.5% Sales Tax 423.000.75.535.80.31.00 0.77 Total :1,230.84 207812 3/27/2014 012560 HACH COMPANY 8731755 PIPET TIPS, COD DIGEST VALVE, ETC PIPET TIPS, COD DIGEST VALVE, ETC 423.000.76.535.80.31.11 783.07 9.5% Sales Tax 423.000.76.535.80.31.11 74.39 Total :857.46 207813 3/27/2014 012560 HACH COMPANY 8738044 Water Qaulity - Deionized Water Water Qaulity - Deionized Water 421.000.74.534.80.31.00 52.25 9.5% Sales Tax 421.000.74.534.80.31.00 18.93 Accuvacs 421.000.74.534.80.31.00 129.96 Freight 421.000.74.534.80.31.00 17.07 Total :218.21 12Page: Packet Page 51 of 355 03/26/2014 Voucher List City of Edmonds 13 12:57:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 207814 3/27/2014 012900 HARRIS FORD INC 142724 Unit 24 - Shield Assembly Unit 24 - Shield Assembly 511.000.77.548.68.31.10 87.70 9.5% Sales Tax 511.000.77.548.68.31.10 8.33 Unit 132 - Wheel Cover142725 Unit 132 - Wheel Cover 511.000.77.548.68.31.10 54.18 9.5% Sales Tax 511.000.77.548.68.31.10 5.15 Unit 39 - Guide Sleeve142891 9.5% Sales Tax 511.000.77.548.68.31.10 0.58 Unit 39 - Guide Sleeve 511.000.77.548.68.31.10 6.08 Total :162.02 207815 3/27/2014 010900 HD FOWLER CO INC I3570129 Water Supplies - Brass Adapters, Quick Water Supplies - Brass Adapters, Quick 421.000.74.534.80.31.00 5,439.17 9.5% Sales Tax 421.000.74.534.80.31.00 516.73 Water Inventory - #0430 -I3577255 Water Inventory - #0430 - 421.000.74.534.80.34.20 2,094.20 9.5% Sales Tax 421.000.74.534.80.34.20 198.95 Sewer - SuppliesI3584300 Sewer - Supplies 423.000.75.535.80.31.00 330.26 8.6% Sales Tax 423.000.75.535.80.31.00 28.41 Total :8,607.72 207816 3/27/2014 013140 HENDERSON, BRIAN 30 LEOFF reimbursment LEOFF reimbursment 13Page: Packet Page 52 of 355 03/26/2014 Voucher List City of Edmonds 14 12:57:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 207816 3/27/2014 (Continued)013140 HENDERSON, BRIAN 009.000.39.517.20.23.00 163.53 LEOFF reimbursment33 LEOFF reimbursment 009.000.39.517.20.23.00 146.47 Total :310.00 207817 3/27/2014 067862 HOME DEPOT CREDIT SERVICES 3037481 WWTP 6035 3225 XXXX XXXX CONSTRUCTION SUPPLIES 423.000.76.535.80.31.00 79.44 9.5% Sales Tax 423.000.76.535.80.31.00 7.55 WWTP 6035 3225 XXXX XXXX5044510 Copper compress lug 423.000.76.535.80.31.00 1.87 9.5% Sales Tax 423.000.76.535.80.31.00 0.18 WWTP 6035 3225 XXXX XXXX9094229 MACHINE SCREWS AND BOLTS 423.000.76.535.80.31.00 153.56 9.5% Sales Tax 423.000.76.535.80.31.00 14.59 Total :257.19 207818 3/27/2014 067862 HOME DEPOT CREDIT SERVICES 4035603 GLOSS SPRAY GLOSS SPRAY 001.000.64.576.80.31.00 17.33 9.5% Sales Tax 001.000.64.576.80.31.00 1.65 SUPPLIES5035404 SUPPLIES 001.000.64.576.80.31.00 153.63 9.5% Sales Tax 001.000.64.576.80.31.00 14.59 SPIRAL DAY6086158 SPIRAL DAY 14Page: Packet Page 53 of 355 03/26/2014 Voucher List City of Edmonds 15 12:57:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 207818 3/27/2014 (Continued)067862 HOME DEPOT CREDIT SERVICES 001.000.64.576.80.31.00 6.97 9.5% Sales Tax 001.000.64.576.80.31.00 0.66 COUPLING6094425 COUPLING 001.000.64.576.80.31.00 69.92 9.5% Sales Tax 001.000.64.576.80.31.00 6.64 PIPES AND BRUSHES80052 PIPES AND BRUSHES 001.000.64.576.80.31.00 41.73 9.5% Sales Tax 001.000.64.576.80.31.00 3.96 LANDSCAPE FABRIC FOR PETANQUE COURT85349 LANDSCAPE FABRIC FOR PETANQUE COURT 001.000.64.576.80.31.00 194.46 9.5% Sales Tax 001.000.64.576.80.31.00 18.47 GREEN GRATE FOR PETANQUE COURT85357 GREEN GRATE FOR PETANQUE COURT 001.000.64.576.80.31.00 57.75 9.5% Sales Tax 001.000.64.576.80.31.00 5.49 LITHIUM GREASE9062001 LITHIUM GREASE 001.000.64.576.80.31.00 16.94 9.5% Sales Tax 001.000.64.576.80.31.00 1.61 Total :611.80 207819 3/27/2014 073548 INDOFF INCORPORATED 2424384 STENO NOTEBOOKS TOPS Steno Notebooks - 2 pkgs 001.000.31.514.23.31.00 32.70 9.5% Sales Tax 001.000.31.514.23.31.00 3.11 15Page: Packet Page 54 of 355 03/26/2014 Voucher List City of Edmonds 16 12:57:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 207819 3/27/2014 (Continued)073548 INDOFF INCORPORATED CHAIR MAT, STABLES, POST IT TABS, DYMO L2427456 Cleartex Chair Mat, Dymo address 001.000.31.514.23.31.00 180.70 9.5% Sales Tax 001.000.31.514.23.31.00 17.17 LETTER OPENER2428077 Westcott Titanium Bonded Letter Opener 001.000.31.514.23.31.00 8.69 9.5% Sales Tax 001.000.31.514.23.31.00 0.83 Total :243.20 207820 3/27/2014 073548 INDOFF INCORPORATED 2426286 office supplies office supplies 001.000.22.518.10.31.00 33.22 9.5% Sales Tax 001.000.22.518.10.31.00 3.16 Shared Office Supplies- copier paper2427458 Shared Office Supplies- copier paper 001.000.61.557.20.31.00 37.00 Shared office supplies- copier paper 001.000.21.513.10.31.00 37.00 office supplies 001.000.22.518.10.31.00 99.98 9.5% Sales Tax 001.000.61.557.20.31.00 3.52 9.5% Sales Tax 001.000.21.513.10.31.00 3.52 9.5% Sales Tax 001.000.22.518.10.31.00 9.49 Office supplies2428132 Office supplies 001.000.22.518.10.31.00 17.70 9.5% Sales Tax 001.000.22.518.10.31.00 1.68 16Page: Packet Page 55 of 355 03/26/2014 Voucher List City of Edmonds 17 12:57:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 207820 3/27/2014 (Continued)073548 INDOFF INCORPORATED office supplies2428734 office supplies 001.000.22.518.10.31.00 72.00 9.5% Sales Tax 001.000.22.518.10.31.00 6.84 Total :325.11 207821 3/27/2014 063493 JOHNSTONE SUPPLY 13077603-00 FS 16 - Furnace Ignition Control FS 16 - Furnace Ignition Control 001.000.66.518.30.31.00 380.00 9.5% Sales Tax 001.000.66.518.30.31.00 36.10 FS 16 - Returned Furnace Igniter13077926-00 FS 16 - Returned Furnace Igniter 001.000.66.518.30.31.00 -182.21 9.5% Sales Tax 001.000.66.518.30.31.00 -17.31 PS - VAV Motor13078787-00 PS - VAV Motor 001.000.66.518.30.31.00 252.36 9.5% Sales Tax 001.000.66.518.30.31.00 23.99 PS - Wheel Blower, Fan Motor13078857-00 PS - Wheel Blower, Fan Motor 001.000.66.518.30.31.00 220.02 Freight 001.000.66.518.30.31.00 55.00 9.5% Sales Tax 001.000.66.518.30.31.00 20.90 Total :788.85 207822 3/27/2014 071137 KIDZ LOVE SOCCER KIDZ SOCCER 17990 KIDZ LOVE SOCCER 17990 KIDZ LOVE SOCCER 17990 001.000.64.575.52.41.00 475.80 KIDZ LOVE SOCCER 17991 17Page: Packet Page 56 of 355 03/26/2014 Voucher List City of Edmonds 18 12:57:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 207822 3/27/2014 (Continued)071137 KIDZ LOVE SOCCER 001.000.64.575.52.41.00 292.80 KIDZ LOVE SOCCER 17992 001.000.64.575.52.41.00 549.00 KIDZ LOVE SOCCER 17993 001.000.64.575.52.41.00 475.80 Total :1,793.40 207823 3/27/2014 066522 LAKESIDE INDUSTRIES INC E1JB.LII.Ret Release E1JB.LAKESIDE RETAINAGE RELEASE E1JB.Lakeside Retainage Release 421.000.223.400 5,173.55 Total :5,173.55 207824 3/27/2014 074749 LARSON, KELLIE LARSON 18027 ART START 18027 ART START 18027 001.000.64.571.22.41.00 288.00 Total :288.00 207825 3/27/2014 069564 LARSON, KEN 33 LEOFF reimbursment LEOFF reimbursment 009.000.39.517.20.23.00 1,784.36 Total :1,784.36 207826 3/27/2014 067725 LES SCHWAB TIRE CENTER 80500060434 Unit 36 - Alignment Unit 36 - Alignment 511.000.77.548.68.48.00 56.25 9.5% Sales Tax 511.000.77.548.68.48.00 5.34 Unit 63 - Flat Repair80500060726 Unit 63 - Flat Repair 511.000.77.548.68.48.00 19.50 9.5% Sales Tax 511.000.77.548.68.48.00 1.85 Total :82.94 207827 3/27/2014 068619 LINDA SWENSON 1255 SUMMER CRAZE DESIGN 18Page: Packet Page 57 of 355 03/26/2014 Voucher List City of Edmonds 19 12:57:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 207827 3/27/2014 (Continued)068619 LINDA SWENSON SUMMER CRAZE DESIGN 001.000.64.571.22.41.00 1,199.50 Total :1,199.50 207828 3/27/2014 018950 LYNNWOOD AUTO PARTS INC 699228 Sewer - Spark Plugs for equipment Sewer - Spark Plugs for equipment 423.000.75.535.80.31.00 6.81 9.5% Sales Tax 423.000.75.535.80.31.00 0.65 Total :7.46 207829 3/27/2014 018980 LYNNWOOD HONDA 861316 Unit 62 Gen - Element Unit 62 Gen - Element 511.000.77.548.68.31.10 33.03 9.5% Sales Tax 511.000.77.548.68.31.10 3.14 Total :36.17 207830 3/27/2014 019920 MCCANN, MARIAN 32 LEOFF reimbursment LEOFF reimbursment 009.000.39.517.20.23.00 7,188.75 Total :7,188.75 207831 3/27/2014 020039 MCMASTER-CARR SUPPLY CO 76137581 REMOTE MOUNT ADJUSTABLE FLOW RESERVOIR REMOTE MOUNT ADJUSTABLE FLOW RESERVOIR 423.000.76.535.80.31.11 90.47 SDS-SHANK ROTARY HAMMER76499077 SDS-SHANK ROTARY HAMMER 423.000.76.535.80.31.11 25.69 Total :116.16 207832 3/27/2014 072223 MILLER, DOUG MILLER 03052014 8.5 HOURS AS BASKETBALL MONITOR 8.5 HOURS AS BASKETBALL MONITOR 001.000.64.575.52.41.00 85.00 Total :85.00 19Page: Packet Page 58 of 355 03/26/2014 Voucher List City of Edmonds 20 12:57:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 207833 3/27/2014 074556 MOORE, IACOFANO & GOLTSMAN INC 0036953 PROS PLAN SERVICES FINAL INVOICE PROS PLAN SERVICES FINAL INVOICE 001.000.64.571.21.41.00 3,783.00 Total :3,783.00 207834 3/27/2014 072746 MURRAY SMITH & ASSOCIATES 13-1517-1 E4JA.SERVICES THRU 1/31/14 E4JA.Services thru 1/31/14 421.000.74.594.34.41.10 15,766.70 Total :15,766.70 207835 3/27/2014 064570 NATIONAL SAFETY INC 0369742-IN Water / Sewer - Rain Bib Overalls Water / Sewer - Rain Bib Overalls 423.000.75.535.80.24.00 107.25 Water / Sewer - Rain Bib Overalls 421.000.74.534.80.24.00 107.25 9.5% Sales Tax 423.000.75.535.80.24.00 10.19 9.5% Sales Tax 421.000.74.534.80.24.00 10.19 Water / Sewer - Rain Boot, Rain Bib0370183-IN Water / Sewer - Rain Boot, Rain Bib 421.000.74.534.80.24.00 85.10 Water / Sewer - Rain Boot, Rain Bib 423.000.75.535.80.24.00 85.10 9.5% Sales Tax 421.000.74.534.80.24.00 8.09 9.5% Sales Tax 423.000.75.535.80.24.00 8.08 Total :421.25 207836 3/27/2014 063034 NCL 335318 40G VIAL NITROGEN INHIBITOR 40G VIAL NITROGEN INHIBITOR 423.000.76.535.80.31.31 91.52 Total :91.52 207837 3/27/2014 024960 NORTH COAST ELECTRIC COMPANY S5683607.001 60 AMP BREAKER 20Page: Packet Page 59 of 355 03/26/2014 Voucher List City of Edmonds 21 12:57:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 207837 3/27/2014 (Continued)024960 NORTH COAST ELECTRIC COMPANY 60 AMP BREAKER 423.000.76.535.80.31.22 87.71 9.5% Sales Tax 423.000.76.535.80.31.22 8.33 2SCR SEC CONNS5683607.002 2SCR SEC CONN 423.000.76.535.80.31.22 1.00 9.5% Sales Tax 423.000.76.535.80.31.22 0.10 Total :97.14 207838 3/27/2014 061013 NORTHWEST CASCADE INC 1-874979 CIVIC FIELD RENTALS CIVIC FIELD RENTALS 001.000.64.576.80.45.00 177.85 PINE STREET PARK1-875405 PINE STREET PARK 001.000.64.576.80.45.00 112.35 HAINES WHARF PARK1-877230 HAINES WHARF PARK 001.000.64.576.80.45.00 220.77 Total :510.97 207839 3/27/2014 025690 NOYES, KARIN 000 00 450 ADB Minutes for 3/6/14 ADB Minutes for 3/6/14 001.000.62.558.60.41.00 148.50 Planning Board Minutes for 3/12/14000 00 463 Planning Board Minutes for 3/12/14 001.000.62.558.60.41.00 445.50 HPC Minutes for 3/13/14000 00 464 HPC Minutes for 3/13/14 001.000.62.558.60.41.00 99.00 Total :693.00 207840 3/27/2014 063511 OFFICE MAX INC 082539 INV#082539 ACCT#520437 250POL EDMONDS PD PATROL NOTE PADS 21Page: Packet Page 60 of 355 03/26/2014 Voucher List City of Edmonds 22 12:57:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 207840 3/27/2014 (Continued)063511 OFFICE MAX INC 001.000.41.521.10.31.00 12.90 3x3 POST IT NOTES 001.000.41.521.10.31.00 25.94 5x2 POST IT NOTES 001.000.41.521.10.31.00 11.24 9.5% Sales Tax 001.000.41.521.10.31.00 5.91 LEGAL PADS 001.000.41.521.10.31.00 12.08 INV#128135 CREDIT NON RECEIVED ITEM128135 3x3 POST IT NOTES-NOT IN PKG 001.000.41.521.10.31.00 -25.94 9.5% Sales Tax 001.000.41.521.10.31.00 -2.46 Total :39.67 207841 3/27/2014 063511 OFFICE MAX INC 005742 OFFICE SUPPLIES OFFICE SUPPLIES 001.000.23.512.50.31.00 131.97 OFFICE SUPPLIES026302 OFFICE SUPPLIES 001.000.23.512.50.31.00 40.79 Total :172.76 207842 3/27/2014 063511 OFFICE MAX INC 105274 OFFICE SUPPLIES Office Supplies 001.000.25.514.30.31.00 63.52 9.5% Sales Tax 001.000.25.514.30.31.00 6.03 Total :69.55 207843 3/27/2014 063511 OFFICE MAX INC 028135 PW Office Supplies - Tags, Chana PW Office Supplies - Tags, Chana 001.000.65.518.20.31.00 85.34 Recycle - Med Waste Cans, Large 22Page: Packet Page 61 of 355 03/26/2014 Voucher List City of Edmonds 23 12:57:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 207843 3/27/2014 (Continued)063511 OFFICE MAX INC 421.000.74.537.90.49.00 169.01 9.5% Sales Tax 001.000.65.518.20.31.00 8.11 9.5% Sales Tax 421.000.74.537.90.49.00 16.05 Total :278.51 207844 3/27/2014 063511 OFFICE MAX INC 156476 PENS PENS 001.000.64.571.21.31.00 10.34 9.5% Sales Tax 001.000.64.571.21.31.00 0.98 PAPER AND INKROLL183676 PAPER AND INKROLL 001.000.64.571.21.31.00 192.80 9.5% Sales Tax 001.000.64.571.21.31.00 18.32 Total :222.44 207845 3/27/2014 002203 OWEN EQUIPMENT COMPANY 00070853 Unit 106 - Check Valves and O Rings Unit 106 - Check Valves and O Rings 511.000.77.548.68.31.10 801.28 Freight 511.000.77.548.68.31.10 12.32 9.5% Sales Tax 511.000.77.548.68.31.10 77.29 Total :890.89 207846 3/27/2014 069873 PAPE MACHINERY INC 2414513 Unit 106 - Repairs Unit 106 - Repairs 511.000.77.548.68.48.00 9,887.20 9.3% Sales Tax 511.000.77.548.68.48.00 923.97 Total :10,811.17 23Page: Packet Page 62 of 355 03/26/2014 Voucher List City of Edmonds 24 12:57:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 207847 3/27/2014 073070 PERRINE, JULIE PERRINE 18068 CLAY MINI CAMP 18068 CLAY MINI CAMP 18068 001.000.64.571.22.41.00 153.00 CLAY EXPLORATION 18065 001.000.64.571.22.41.00 93.00 Total :246.00 207848 3/27/2014 063951 PERTEET ENGINEERING INC 20110010.000-30 E7AC.SERVICES THRU 1/26/14 E7AC.Services thru 1/26/14 112.200.68.595.33.41.00 8,963.08 Total :8,963.08 207849 3/27/2014 028860 PLATT ELECTRIC SUPPLY INC B876318 C-H CE15NN3A1 C-H CE15NN3A1 423.000.76.535.80.31.22 1,543.24 9.5% Sales Tax 423.000.76.535.80.31.22 146.61 Total :1,689.85 207850 3/27/2014 068354 POWDER COATING INC B33101 COVER BOX AND BLASTER COVER BOX AND BLASTER 001.000.64.576.80.48.00 228.13 9.5% Sales Tax 001.000.64.576.80.48.00 21.67 Total :249.80 207851 3/27/2014 064088 PROTECTION ONE 1988948 ALARM MONITORING ANDERSON CENTER ALARM MONITORING FRANCES ANDERSON 001.000.66.518.30.42.00 233.55 Total :233.55 207852 3/27/2014 071911 PROTZ, MARGARET PROTZ 17940 FELDENKRAIS 17940 FELDENKRAIS 17940 001.000.64.575.54.41.00 340.50 Total :340.50 207853 3/27/2014 070955 R&R STAR TOWING 89116 INV#98116 - EDMONDS PD 24Page: Packet Page 63 of 355 03/26/2014 Voucher List City of Edmonds 25 12:57:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 207853 3/27/2014 (Continued)070955 R&R STAR TOWING TOW 2000 VOLK GOLF #ANP4848 001.000.41.521.22.41.00 158.00 9.5% Sales Tax 001.000.41.521.22.41.00 15.01 INV#89488 - EDMONDS PD89488 TOW 1998 SATURN #APD0712 001.000.41.521.22.41.00 158.00 9.5% Sales Tax 001.000.41.521.22.41.00 15.01 Total :346.02 207854 3/27/2014 074509 RENCH, CHRIS 00239 5 CORNERS ROUND ABOUT ARTWORK 5 CORNERS ROUND ABOUT ARTWORK 117.200.64.575.50.41.00 5,000.00 Total :5,000.00 207855 3/27/2014 069593 SAFELITE FULFILLMENT INC 05042-140568 Unit 132 - Window Replacement Unit 132 - Window Replacement 511.000.77.548.68.48.00 108.57 9.5% Sales Tax 511.000.77.548.68.48.00 10.31 Total :118.88 207856 3/27/2014 065001 SCHIRMAN, RON 29 LEOFF reimbursment LEOFF reimbursment 009.000.39.517.20.23.00 112.40 Total :112.40 207857 3/27/2014 067262 SENIOR SOFTBALL USA LEAGUES 1677 18 DOZEN SOFT BALLS 18 DOZEN SOFT BALLS 001.000.64.575.52.31.00 635.31 9.5% Sales Tax 001.000.64.575.52.31.00 66.69 Total :702.00 25Page: Packet Page 64 of 355 03/26/2014 Voucher List City of Edmonds 26 12:57:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 207858 3/27/2014 036950 SIX ROBBLEES INC 14-282982 Unit 14 - Air Dryer Cartridge Unit 14 - Air Dryer Cartridge 511.000.77.548.68.31.10 26.85 9.5% Sales Tax 511.000.77.548.68.31.10 2.55 Total :29.40 207859 3/27/2014 036955 SKY NURSERY T-0266340 THREE WAY SOIL THREE WAY SOIL 001.000.64.576.80.31.00 120.00 9.5% Sales Tax 001.000.64.576.80.31.00 11.40 SOILT-0266462 SOIL 001.000.64.576.80.31.00 144.00 9.5% Sales Tax 001.000.64.576.80.31.00 13.68 Total :289.08 207860 3/27/2014 036850 SMITH, SHERLUND D 34 LEOFF reimbursment LEOFF reimbursment 009.000.39.517.20.23.00 4,250.47 Total :4,250.47 207861 3/27/2014 060889 SNAP-ON INDUSTRIAL ARV/ 22131599 Fleet - Shop Underhood Light Fleet - Shop Underhood Light 511.000.77.548.68.35.00 149.96 Freight 511.000.77.548.68.35.00 14.95 9.5% Sales Tax 511.000.77.548.68.35.00 15.68 Total :180.59 207862 3/27/2014 037303 SNO CO FIRE DIST # 1 Q2-2014 Q2-2014 FIRE SERVICES CONTRACT PAYMENT Q2-2014 Fire Services Contract Payment 001.000.39.522.20.51.00 1,555,694.75 26Page: Packet Page 65 of 355 03/26/2014 Voucher List City of Edmonds 27 12:57:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :1,555,694.752078623/27/2014 037303 037303 SNO CO FIRE DIST # 1 207863 3/27/2014 037375 SNO CO PUD NO 1 2004-6859-3 LIFT STATION #4 8311 TALBOT RD / METER 1 LIFT STATION #4 8311 TALBOT RD / METER 423.000.75.535.80.47.10 612.31 TRAFFIC LIGHT 101 9TH AVE S / METER 10002005-9295-4 TRAFFIC LIGHT 101 9TH AVE S / METER 111.000.68.542.64.47.00 32.86 OLD PUBLIC WORKS 200 DAYTON ST / METER 12006-3860-9 OLD PUBLIC WORKS 200 DAYTON ST / METER 421.000.74.534.80.47.00 911.41 TRAFFIC LIGHT 200 3RD AVE S / METER 10002006-7801-9 TRAFFIC LIGHT 200 3RD AVE S / METER 111.000.68.542.64.47.00 56.33 SEAVIEW RESERVOIR 18520 90TH AVE W / MET2007-3984-5 SEAVIEW RESERVOIR 18520 90TH AVE W / 421.000.74.534.80.47.00 32.56 SNO-ISLE LIBRARY 650 MAIN ST / METER 1002015-5174-4 SNO-ISLE LIBRARY 650 MAIN ST / METER 001.000.66.518.30.47.00 2,402.42 TRAFFIC LIGHT 117 3RD AVE S / METER 10002015-7289-8 TRAFFIC LIGHT 117 3RD AVE S / METER 111.000.68.542.64.47.00 79.85 TRAFFIC LIGHT 901 WALNUT ST / METER 10002017-8264-6 TRAFFIC LIGHT 901 WALNUT ST / METER 111.000.68.542.64.47.00 58.06 PUBLIC WORKS OMC 7110 210TH ST SW / METE2019-4248-9 PUBLIC WORKS OMC 7110 210TH ST SW / 001.000.65.518.20.47.00 91.72 PUBLIC WORKS OMC 7110 210TH ST SW / 111.000.68.542.90.47.00 348.53 PUBLIC WORKS OMC 7110 210TH ST SW / 421.000.74.534.80.47.00 348.53 PUBLIC WORKS OMC 7110 210TH ST SW / 423.000.75.535.80.47.10 348.53 PUBLIC WORKS OMC 7110 210TH ST SW / 27Page: Packet Page 66 of 355 03/26/2014 Voucher List City of Edmonds 28 12:57:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 207863 3/27/2014 (Continued)037375 SNO CO PUD NO 1 511.000.77.548.68.47.00 348.53 PUBLIC WORKS OMC 7110 210TH ST SW / 422.000.72.531.90.47.00 348.55 CIVIC CENTER & FIRE STATION #17 250 5TH2022-9166-2 CIVIC CENTER & FIRE STATION #17 250 5TH 001.000.66.518.30.47.00 5,287.78 STREET LIGHT 7601 RIDGE WAY / NOT METERE2023-8937-5 STREET LIGHT 7601 RIDGE WAY / NOT 111.000.68.542.68.47.00 16.76 CITY HALL 121 5TH AVE N / METER 100012612024-3924-6 CITY HALL 121 5TH AVE N / METER 001.000.66.518.30.47.00 3,024.00 Total :14,348.73 207864 3/27/2014 037375 SNO CO PUD NO 1 2006-5085-1 CITY PARK RESTROOMS CITY PARK RESTROOMS 001.000.64.576.80.47.00 37.22 PARK & MAINTENANCE SHOP2006-5164-4 PARK & MAINTENANCE SHOP 001.000.64.576.80.47.00 1,379.20 18500 82ND AVE W2007-1403-8 18500 82ND AVE W 001.000.64.576.80.47.00 99.63 PLAYFIELD BLEACHERS2008-6924-6 PLAYFIELD BLEACHERS 001.000.64.576.80.47.00 300.18 8030 185TH ST SW2011-9708-4 8030 185TH ST SW 001.000.64.576.80.47.00 374.52 100 DAYTON STREET2012-3682-5 100 DAYTON STREET 001.000.64.576.80.47.00 993.90 PARK GAZEBO2013-8327-0 PARK GAZEBO 001.000.64.576.80.47.00 31.80 28Page: Packet Page 67 of 355 03/26/2014 Voucher List City of Edmonds 29 12:57:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 207864 3/27/2014 (Continued)037375 SNO CO PUD NO 1 PLAYFIELD LIGHTS2014-5305-7 PLAYFIELD LIGHTS 001.000.64.576.80.47.00 121.30 CITY PARK SOUTH RESTROOMS & COVERED2021-1448-4 CITY PARK SOUTH RESTROOMS & COVERED 001.000.64.576.80.47.00 356.82 IRRIGATION SYSTEM2022-5062-7 IRRIGATION SYSTEM 001.000.64.576.80.47.00 32.86 Total :3,727.43 207865 3/27/2014 038300 SOUND DISPOSAL CO 104757 WWTP 200 2ND AVE S / ASH DISPOSAL WWTP 200 2ND AVE S / ASH DISPOSAL 423.000.76.535.80.47.65 6,085.56 Total :6,085.56 207866 3/27/2014 038410 SOUND SAFETY PRODUCTS 2034756-01 Water- Work Jeans (3) & Boots - P Water- Work Jeans (3) & Boots - P 421.000.74.534.80.24.00 330.43 Total :330.43 207867 3/27/2014 060371 STANDARD INSURANCE CO 358351 0001 APRIL 2014 STANDARD INSURANCE PREMIUM April 2014 Standard Insurance Premium 811.000.231.550 436.08 APRIL 2014 STANDARD INSURANCE PREMIUM358351 0003 April 2014 Standard Insurance Premium 811.000.231.550 722.05 APRIL 2014 STANDARD INSURANCE PREMIUM377655 0001 April 2014 Standard Insurance Premium 811.000.231.550 7,246.99 April 2014 Standard Insurance Premium637479 0001 April 2014 Standard Insurance Premium 811.000.231.550 2,875.50 Total :11,280.62 29Page: Packet Page 68 of 355 03/26/2014 Voucher List City of Edmonds 30 12:57:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 207868 3/27/2014 074808 STEVES PLUMBING Bld2014.0225 Refund - void permit. Site outside Refund - void permit. Site outside 001.000.257.620 175.00 Total :175.00 207869 3/27/2014 040430 STONEWAY ELECTRIC SUPPLY S100801931.001 Sewer - LS - Generator Cord and Circut Sewer - LS - Generator Cord and Circut 423.000.75.535.80.35.00 1,298.62 9.5% Sales Tax 423.000.75.535.80.35.00 123.37 Fac Maint - BallastsS100812995.001 Fac Maint - Ballasts 001.000.66.518.30.31.00 77.06 9.5% Sales Tax 001.000.66.518.30.31.00 7.32 Sr Center - Emergency Lights (2)S100818032.001 Sr Center - Emergency Lights (2) 001.000.66.518.30.31.00 95.45 9.5% Sales Tax 001.000.66.518.30.31.00 9.07 Fac Maint - SuppliesS100821978.001 Fac Maint - Supplies 001.000.66.518.30.31.00 159.85 9.5% Sales Tax 001.000.66.518.30.31.00 15.19 Fac Maint - SuppliesS100821978.002 Fac Maint - Supplies 001.000.66.518.30.31.00 160.09 9.5% Sales Tax 001.000.66.518.30.31.00 15.21 Total :1,961.23 207870 3/27/2014 040430 STONEWAY ELECTRIC SUPPLY S100797884.001 CLEAR LENS FOR FOCUS CLEAR LENS FOR FOCUS 001.000.64.576.80.31.00 36.96 Freight 30Page: Packet Page 69 of 355 03/26/2014 Voucher List City of Edmonds 31 12:57:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 207870 3/27/2014 (Continued)040430 STONEWAY ELECTRIC SUPPLY 001.000.64.576.80.31.00 12.61 9.5% Sales Tax 001.000.64.576.80.31.00 4.71 Total :54.28 207871 3/27/2014 068360 SUMMIT LAW GROUP 66595 Legal grievance- water - sewer Legal grievance- water - sewer 423.000.75.535.80.41.00 1,373.58 Legal grievance- water- sewer 421.000.74.534.80.41.00 1,373.58 Total :2,747.16 207872 3/27/2014 070864 SUPERMEDIA LLC 440011865842 C/A 440001304654 Basic e-commerce hosting 03/02/14 - 001.000.31.518.88.42.00 34.95 C/A 440001307733440011865853 03/2014 Web Hosting for Internet 001.000.31.518.88.42.00 34.95 Total :69.90 207873 3/27/2014 073970 TALLMAN, TYLER TALLMAN 03252014 6 HOURS OF PICKLEBALL ATTENDANT 6 HOURS OF PICKLEBALL ATTENDANT 001.000.64.575.52.41.00 60.00 Total :60.00 207874 3/27/2014 073049 TEC-WORKS INC 12640 Cisco GLC-LH-SMD Transceiver Module SFP Cisco GLC-LH-SMD Transceiver Module SFP 001.000.31.518.87.35.00 745.00 Transition Networks 1000BASE-SX (LC) 001.000.31.518.87.35.00 1,625.00 Freight 001.000.31.518.87.35.00 18.45 Total :2,388.45 207875 3/27/2014 065459 THE HERALD SUBSCRIPTION 04/09/14 ANN SUBSCRIPTION #11897664 04/14 TO 04/1 31Page: Packet Page 70 of 355 03/26/2014 Voucher List City of Edmonds 32 12:57:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 207875 3/27/2014 (Continued)065459 THE HERALD SUBSCRIPTION ANNUAL SUBSCRIPT-DAILY PAPER 001.000.41.521.10.49.00 195.00 Total :195.00 207876 3/27/2014 027269 THE PART WORKS INC 377799 CIVIC FIELD DRINKING FOUNTAIN CIVIC FIELD DRINKING FOUNTAIN 125.000.64.576.80.31.00 4,526.67 Freight 125.000.64.576.80.31.00 625.00 9.5% Sales Tax 125.000.64.576.80.31.00 489.41 PARKS DRINKING FOUNTAIN PARTS378206 PARKS DRINKING FOUNTAIN PARTS 001.000.64.576.80.31.00 204.48 Freight 001.000.64.576.80.31.00 10.32 9.5% Sales Tax 001.000.64.576.80.31.00 20.42 Total :5,876.30 207877 3/27/2014 073255 TOTAL FILTRATION SERVICES, INC PSV1176468 Fac Maint - Air Filters Fac Maint - Air Filters 001.000.66.518.30.31.00 558.48 9.5% Sales Tax 001.000.66.518.30.31.00 53.06 Total :611.54 207878 3/27/2014 063939 TYLER TECHNOLOGIES INC 045-104628 SALES TAX PORTION ONLY FOR ADVANCED BUDG Sales tax portion only for Advanced 001.000.31.514.23.31.00 902.50 Total :902.50 207879 3/27/2014 062693 US BANK 8313 ENGINEERING CREDIT CARD.FEBRUARY 2014 MRSC Membership Renewal 2014 001.000.67.532.20.49.00 360.00 32Page: Packet Page 71 of 355 03/26/2014 Voucher List City of Edmonds 33 12:57:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :360.002078793/27/2014 062693 062693 US BANK 207880 3/27/2014 062693 US BANK 0378 Plans Examiner advertising Plans Examiner advertising 001.000.22.518.10.44.00 50.00 Training- Yvonne 001.000.22.518.10.49.00 30.00 Probation Officer advertising 001.000.22.518.10.44.00 50.00 Seasonal Parks Jobs- advertising 001.000.22.518.10.44.00 50.00 Total :180.00 207881 3/27/2014 062693 US BANK 2985 MULTIPLE PURCHASES BIOSAFE ANTIMICROBIAL KEYBOARD SKIN 423.000.76.535.80.31.42 71.80 MANUAL ON THE CAUSES AND CONTROL OF 423.000.76.535.80.31.31 88.45 9.5% Sales Tax 423.000.76.535.80.31.31 8.40 Total :168.65 207882 3/27/2014 064214 USSSA WASHINGTON STATE 637 2014 SPRING SOFTBALL LEAGUE TEAM 2014 SPRING SOFTBALL LEAGUE TEAM 001.000.64.575.52.49.00 910.00 Total :910.00 207883 3/27/2014 067865 VERIZON WIRELESS 9721698480 C/A 671247844-00001 Cell Service-Bldg 001.000.62.524.20.42.00 74.64 Cell Service-Eng 001.000.67.532.20.42.00 170.59 Cell Service Fac-Maint 001.000.66.518.30.42.00 112.68 Cell Service-Parks Discovery Program 001.000.64.571.23.42.00 24.37 33Page: Packet Page 72 of 355 03/26/2014 Voucher List City of Edmonds 34 12:57:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 207883 3/27/2014 (Continued)067865 VERIZON WIRELESS Cell Service Parks Maint 001.000.64.576.80.42.00 58.12 Cell Service-PD 001.000.41.521.22.42.00 352.75 Cell Service-PD 104 Fund 104.000.41.521.21.42.00 188.82 Cell Service-PW Street 111.000.68.542.90.42.00 95.51 Cell Service-PW Storm 422.000.72.531.90.42.00 25.15 Cell Service-PW Street/Storm 111.000.68.542.90.42.00 45.98 Cell Service-PW Street/Storm 422.000.72.531.90.42.00 45.98 Cell Service-PW Water 421.000.74.534.80.42.00 113.19 Cell Service-PW Sewer 423.000.75.535.80.42.00 74.82 Cell Service-WWTP 423.000.76.535.80.42.00 51.45 Total :1,434.05 207884 3/27/2014 074195 VOICE COACHES VOICE COACHES 18230 GETTING PAID TO TALK GETTING PAID TO TALK 001.000.64.571.22.41.00 210.00 Total :210.00 207885 3/27/2014 069816 VWR INTERNATIONAL INC 8056984740 APPLICATOR COTTNTIP APPLICATOR COTTNTIP 423.000.76.535.80.31.00 17.87 9.5% Sales Tax 423.000.76.535.80.31.00 1.70 Total :19.57 207886 3/27/2014 068259 WA ST CRIMINAL JUSTICE 20113264 INV 20113264 CUST 23104-001 EDMONDS - GA 34Page: Packet Page 73 of 355 03/26/2014 Voucher List City of Edmonds 35 12:57:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 207886 3/27/2014 (Continued)068259 WA ST CRIMINAL JUSTICE BASIC LE ACADEMY - S. GAGNER 001.000.41.521.40.49.00 2,975.00 Total :2,975.00 207887 3/27/2014 074707 WASHINGTON LEGAL WORKS 103 INVESTIGATOR FEES INVESTIGATOR FEES 001.000.23.512.50.41.00 173.25 Total :173.25 207888 3/27/2014 064800 WEHOP 468178 SILVER LICORICE SILVER LICORICE 001.000.64.576.81.31.00 24.00 9.5% Sales Tax 001.000.64.576.81.31.00 2.28 BEGONIA468229 BEGONIA 125.000.64.576.80.31.00 782.50 9.5% Sales Tax 125.000.64.576.80.31.00 74.34 FLOWER PROGRAM FLOWERS468420 FLOWER PROGRAM FLOWERS 125.000.64.576.80.31.00 1,247.12 Freight 125.000.64.576.80.31.00 392.00 9.5% Sales Tax 125.000.64.576.80.31.00 155.72 Total :2,677.96 207889 3/27/2014 063311 WEST COAST WIRE ROPE 5289511 MODEL90S FORKLIFT EXTENSION MODEL90S FORKLIFT EXTENSION 423.000.76.594.35.64.00 5,939.55 9.5% Sales Tax 423.000.76.594.35.64.00 564.26 Total :6,503.81 35Page: Packet Page 74 of 355 03/26/2014 Voucher List City of Edmonds 36 12:57:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 207890 3/27/2014 074809 WRECKING BALL DEMOLITION LLC 031408D-01 YOST POOL SHOWER TANK REMOVAL YOST POOL SHOWER TANK REMOVAL 125.000.64.576.80.48.00 8,637.00 9.5% Sales Tax 125.000.64.576.80.48.00 820.52 Total :9,457.52 Bank total : 1,823,868.20131 Vouchers for bank code :usbank 1,823,868.20Total vouchers :Vouchers in this report131 36Page: Packet Page 75 of 355 03/26/2014 Voucher List City of Edmonds 1 1:21:17PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 207891 3/27/2014 001702 AWC EMPLOY BENEFIT TRUST April 2014 AWC APRIL 2014 AWC PREMIUMS April 2014 AWC Premiums 811.000.231.510 60,512.57 Total :60,512.57 Bank total :60,512.571 Vouchers for bank code :usbank 60,512.57Total vouchers :Vouchers in this report1 1Page: Packet Page 76 of 355 03/26/2014 Voucher List City of Edmonds 1 3:36:23PM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 207892 3/27/2014 068360 SUMMIT LAW GROUP 66595 Legal grievance- water - sewer Legal grievance- water - sewer 423.000.75.535.80.41.00 1,279.08 Legal grievance- water- sewer 421.000.74.534.80.41.00 1,279.08 Total :2,558.16 Bank total :2,558.161 Vouchers for bank code :usbank 2,558.16Total vouchers :Vouchers in this report1 1Page: Packet Page 77 of 355 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number STR 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade c329 E0AA STR 15th St. SW Walkway (Edmonds Way to 8th Ave)c424 E3DC STM 190th Pl SW Wall Construction c428 E3FF STR 2009 Street Overlay Program c294 E9CA WTR 2010 Waterline Replacement Program c363 E0JA STR 2011 Residential Neighborhood Traffic Calming c343 E1AB WTR 2011 Waterline Replacement Program c333 E1JA STM 2012 Citywide Storm Drainage Improvements c382 E2FE SWR 2012 Sanitary Sewer Comp Plan Update c369 E2GA SWR 2012 Sewermain-Alder/Dellwood/Beach Pl/224th St. Sewer Replacement c347 E1GA WTR 2012 Waterline Overlay Program c388 E2CA WTR 2012 Waterline Replacement Program c340 E1JE STM 2013 Citywide Drainage Replacement c406 E3FA STM 2013 Lake Ballinger Basin Study & Associated Projects c407 E3FB SWR 2013 Sewerline Replacement Project c398 E3GA WTR 2013 Waterline Replacement Program c397 E3JA STM 2014 Drainage Improvements c433 E4FA STM 2014 Lake Ballinger Associated Projects c436 E4FD STR 2014 Overlay Program c438 E4CA WTR 2014 Waterline Replacement Program c422 E4JA STM 2014 Willow Creek Daylighting/Edmonds Marsh Restoration c435 E4FC SWR 2015 Sewerline Replacement Project c441 E4GA WTR 2015 Waterline Replacement Program c440 E4JB STR 220 7th Ave N Sidewalk c421 E3DA WTR 224th Waterline Relocation (2013)c418 E3JB STR 226th Street Walkway Project c312 E9DA STR 228th St. SW Corridor Improvements i005 E7AC STR 236th St. SW Walkway (Edmonds Way to Madrona School)c425 E3DD STR 238th St. SW Walkway (100th Ave to 104th Ave)c423 E3DB STR 5th Ave Overlay Project c399 E2CC STR 76th Ave W at 212th St SW Intersection Improvements c368 E1CA WTR 76th Ave W Waterline Extension with Lynnwood c344 E1JB STR 76th Avenue West/75th Place West Walkway Project c245 E6DA STR 9th Avenue Improvement Project c392 E2AB Revised 3/26/2014 Packet Page 78 of 355 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number STR ADA Curb Ramp Upgrades along 3rd Ave S c426 E3DE SWR Alder Sanitary Sewer Pipe Rehabilitation (2013 Sewer Pipe Rehab CIPP)c390 E2GB WTR AWD Intertie and Reservoir Improvements c324 E0IA STR Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project c256 E6DB PRK City Spray Park c417 E4MA STR Citywide Safety Improvements c404 E2AC SWR City-Wide Sewer Improvements c301 E8GD STM Dayton Street & SR104 Storm Drainage Alternatives c374 E1FM PM Dayton Street Plaza c276 E7MA STM Dayton Street Storm Improvements (6th Ave - 8th Ave)c409 E3FD WTR Edmonds General Facilities Charge Study c345 E1JC STM Edmonds Marsh Feasibility Study c380 E2FC FAC Edmonds Museum Exterior Repairs Project c327 E0LA FAC ESCO III Project c419 E3LB STR Five Corners Roundabout (212th Street SW @ 84th Avenue W)c342 E1AA PM Fourth Avenue Cultural Corridor c282 E8MA FAC Frances Anderson Center Accessibility Upgrades c393 E3LA STR Hwy 99 Enhancements (Phase III)c405 E2AD PM Interurban Trail c146 E2DB STM Lake Ballinger Associated Projects 2012 c381 E2FD STM LID Retrofits Perrinville Creek Basin c434 E4FB SWR Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08)c298 E8GA STR Main Street Lighting and Sidewalk Enhancements c265 E7AA WTR Main Street Watermain c375 E1JK PM Marina Beach Additional Parking c290 E8MB STM North Talbot Road Drainage Improvements c378 E2FA STM Northstream Pipe Abandonment on Puget Drive c410 E3FE STM NPDES m013 E7FG SWR OVD Sewer Lateral Improvements c142 E3GB WTR OVD Watermain Improvements (2003)c141 E3JB STM Perrinville Creek Culvert Replacement c376 E1FN STM Perrinville Creek Stormwater Flow Reduction Retrofit Study c408 E3FC WTR Pioneer Way Road Repair c389 E2CB WTR PRV Station 11 and 12 Abandonment c346 E1JD Revised 3/26/2014 Packet Page 79 of 355 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number STM Public Facilities Water Quality Upgrades c339 E1FD STR School Zone Flashing Beacon/Lighting Grant c420 E3AA PM Senior Center Parking Lot & Landscaping Improvements c321 E9MA FAC Senior Center Roof Repairs c332 E0LB SWR Sewer Lift Station Rehabilitation Design c304 E9GA WTR Sewer, Water, Stormwater Revenue Requirements Update c370 E1GB STR Shell Valley Emergency Access Road c268 E7CB STR SR104 Corridor Transportation Study c427 E3AB General SR104 Telecommunications Conduit Crossing c372 E1EA General SR99 Enhancement Program c238 E6MA STM Storm Contribution to Transportation Projects c341 E1FF STM Storm Drainage Improvements - 88th & 194th c429 E3FG STM Stormwater Development Review Support (NPDES Capacity)c349 E1FH STM Stormwater GIS Support c326 E0FC STR Sunset Walkway Improvements c354 E1DA STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB STM SW Edmonds-105th/106th Ave W Storm Improvements c430 E3FH STM Talbot Rd. Storm Drain Project/Perrinville Creek Mitigation c307 E9FB STR Transportation Plan Update c391 E2AA Revised 3/26/2014 Packet Page 80 of 355 PROJECT NUMBERS (By New Project Accounting Number) Funding Project Accounting Number Engineering Project Number Project Title WTR c141 c141 OVD Watermain Improvements (2003) SWR c142 c142 OVD Sewer Lateral Improvements PM c146 c146 Interurban Trail General c238 c238 SR99 Enhancement Program STR c245 c245 76th Avenue West/75th Place West Walkway Project STR c256 c256 Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project STR c265 c265 Main Street Lighting and Sidewalk Enhancements STR c268 c268 Shell Valley Emergency Access Road PM c276 c276 Dayton Street Plaza PM c282 c282 Fourth Avenue Cultural Corridor PM c290 c290 Marina Beach Additional Parking STR c294 c294 2009 Street Overlay Program SWR c298 c298 Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08) SWR c301 c301 City-Wide Sewer Improvements SWR c304 c304 Sewer Lift Station Rehabilitation Design STM c307 c307 Talbot Rd. Storm Drain Project/Perrinville Creek Mitigation STR c312 c312 226th Street Walkway Project PM c321 c321 Senior Center Parking Lot & Landscaping Improvements WTR c324 c324 AWD Intertie and Reservoir Improvements STM c326 c326 Stormwater GIS Support FAC c327 c327 Edmonds Museum Exterior Repairs Project STR c329 c329 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade FAC c332 c332 Senior Center Roof Repairs WTR c333 c333 2011 Waterline Replacement Program STM c339 c339 Public Facilities Water Quality Upgrades WTR c340 c340 2012 Waterline Replacement Program STM c341 c341 Storm Contribution to Transportation Projects STR c342 c342 Five Corners Roundabout (212th Street SW @ 84th Avenue W) STR c343 c343 2011 Residential Neighborhood Traffic Calming WTR c344 c344 76th Ave W Waterline Extension with Lynnwood WTR c345 c345 Edmonds General Facilities Charge Study WTR c346 c346 PRV Station 11 and 12 Abandonment SWR c347 c347 2012 Sewermain-Alder/Dellwood/Beach Pl/224th St. Sewer Replacement STM c349 c349 Stormwater Development Review Support (NPDES Capacity) Revised 3/26/2014 Packet Page 81 of 355 PROJECT NUMBERS (By New Project Accounting Number) Funding Project Accounting Number Engineering Project Number Project Title STR c354 c354 Sunset Walkway Improvements WTR c363 c363 2010 Waterline Replacement Program STR c368 c368 76th Ave W at 212th St SW Intersection Improvements SWR c369 c369 2012 Sanitary Sewer Comp Plan Update WTR c370 c370 Sewer, Water, Stormwater Revenue Requirements Update General c372 c372 SR104 Telecommunications Conduit Crossing STM c374 c374 Dayton Street & SR104 Storm Drainage Alternatives WTR c375 c375 Main Street Watermain STM c376 c376 Perrinville Creek Culvert Replacement STM c378 c378 North Talbot Road Drainage Improvements STM c379 c379 SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System STM c380 c380 Edmonds Marsh Feasibility Study STM c381 c381 Lake Ballinger Associated Projects 2012 STM c382 c382 2012 Citywide Storm Drainage Improvements WTR c388 c388 2012 Waterline Overlay Program WTR c389 c389 Pioneer Way Road Repair SWR c390 c390 Alder Sanitary Sewer Pipe Rehabilitation (2013 Sewer Pipe Rehab CIPP) STR c391 c391 Transportation Plan Update STR c392 c392 9th Avenue Improvement Project FAC c393 c393 Frances Anderson Center Accessibility Upgrades WTR c397 c397 2013 Waterline Replacement Program SWR c398 c398 2013 Sewerline Replacement Project STR c399 c399 5th Ave Overlay Project STR c404 c404 Citywide Safety Improvements STR c405 c405 Hwy 99 Enhancements (Phase III) STM c406 c406 2013 Citywide Drainage Replacement STM c407 c407 2013 Lake Ballinger Basin Study & Associated Projects STM c408 c408 Perrinville Creek Stormwater Flow Reduction Retrofit Study STM c409 c409 Dayton Street Storm Improvements (6th Ave - 8th Ave) STM c410 c410 Northstream Pipe Abandonment on Puget Drive PRK c417 c417 City Spray Park WTR c418 c418 224th Waterline Relocation (2013) FAC c419 c419 ESCO III Project STR c420 c420 School Zone Flashing Beacon/Lighting Grant Revised 3/26/2014 Packet Page 82 of 355 PROJECT NUMBERS (By New Project Accounting Number) Funding Project Accounting Number Engineering Project Number Project Title STR c421 c421 220 7th Ave N Sidewalk WTR c422 c422 2014 Waterline Replacement Program STR c423 c423 238th St. SW Walkway (100th Ave to 104th Ave) STR c424 c424 15th St. SW Walkway (Edmonds Way to 8th Ave) STR c425 c425 236th St. SW Walkway (Edmonds Way to Madrona School) STR c426 c426 ADA Curb Ramp Upgrades along 3rd Ave S STR c427 c427 SR104 Corridor Transportation Study STM c428 c428 190th Pl SW Wall Construction STM c429 c429 Storm Drainage Improvements - 88th & 194th STM c430 c430 SW Edmonds-105th/106th Ave W Storm Improvements STM c433 c433 2014 Drainage Improvements STM c434 c434 LID Retrofits Perrinville Creek Basin STM c435 c435 2014 Willow Creek Daylighting/Edmonds Marsh Restoration STM c436 c436 2014 Lake Ballinger Associated Projects STR c438 c438 2014 Overlay Program WTR c440 c440 2015 Waterline Replacement Program SWR c441 c441 2015 Sewerline Replacement Project STR i005 i005 228th St. SW Corridor Improvements STM m013 m013 NPDES Revised 3/26/2014 Packet Page 83 of 355 PROJECT NUMBERS (By Engineering Number) Funding Engineering Project Number Project Accounting Number Project Title STR E0AA c329 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade STM E0FC c326 Stormwater GIS Support WTR E0IA c324 AWD Intertie and Reservoir Improvements WTR E0JA c363 2010 Waterline Replacement Program FAC E0LA c327 Edmonds Museum Exterior Repairs Project FAC E0LB c332 Senior Center Roof Repairs STR E1AA c342 Five Corners Roundabout (212th Street SW @ 84th Avenue W) STR E1AB c343 2011 Residential Neighborhood Traffic Calming STR E1CA c368 76th Ave W at 212th St SW Intersection Improvements STR E1DA c354 Sunset Walkway Improvements General E1EA c372 SR104 Telecommunications Conduit Crossing STM E1FD c339 Public Facilities Water Quality Upgrades STM E1FF c341 Storm Contribution to Transportation Projects STM E1FH c349 Stormwater Development Review Support (NPDES Capacity) STM E1FM c374 Dayton Street & SR104 Storm Drainage Alternatives STM E1FN c376 Perrinville Creek Culvert Replacement SWR E1GA c347 2012 Sewermain-Alder/Dellwood/Beach Pl/224th St. Sewer Replacement WTR E1GB c370 Sewer, Water, Stormwater Revenue Requirements Update WTR E1JA c333 2011 Waterline Replacement Program WTR E1JB c344 76th Ave W Waterline Extension with Lynnwood WTR E1JC c345 Edmonds General Facilities Charge Study WTR E1JD c346 PRV Station 11 and 12 Abandonment WTR E1JE c340 2012 Waterline Replacement Program WTR E1JK c375 Main Street Watermain STR E2AA c391 Transportation Plan Update STR E2AB c392 9th Avenue Improvement Project STR E2AC c404 Citywide Safety Improvements STR E2AD c405 Hwy 99 Enhancements (Phase III) WTR E2CA c388 2012 Waterline Overlay Program WTR E2CB c389 Pioneer Way Road Repair STR E2CC c399 5th Ave Overlay Project PM E2DB c146 Interurban Trail STM E2FA c378 North Talbot Road Drainage Improvements STM E2FB c379 SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System Revised 3/26/2014 Packet Page 84 of 355 PROJECT NUMBERS (By Engineering Number) Funding Engineering Project Number Project Accounting Number Project Title STM E2FC c380 Edmonds Marsh Feasibility Study STM E2FD c381 Lake Ballinger Associated Projects 2012 STM E2FE c382 2012 Citywide Storm Drainage Improvements SWR E2GA c369 2012 Sanitary Sewer Comp Plan Update SWR E2GB c390 Alder Sanitary Sewer Pipe Rehabilitation (2013 Sewer Pipe Rehab CIPP) STR E3AA c420 School Zone Flashing Beacon/Lighting Grant STR E3AB c427 SR104 Corridor Transportation Study STR E3DA c421 220 7th Ave N Sidewalk STR E3DB c423 238th St. SW Walkway (100th Ave to 104th Ave) STR E3DC c424 15th St. SW Walkway (Edmonds Way to 8th Ave) STR E3DD c425 236th St. SW Walkway (Edmonds Way to Madrona School) STR E3DE c426 ADA Curb Ramp Upgrades along 3rd Ave S STM E3FA c406 2013 Citywide Drainage Replacement STM E3FB c407 2013 Lake Ballinger Basin Study & Associated Projects STM E3FC c408 Perrinville Creek Stormwater Flow Reduction Retrofit Study STM E3FD c409 Dayton Street Storm Improvements (6th Ave - 8th Ave) STM E3FE c410 Northstream Pipe Abandonment on Puget Drive STM E3FF c428 190th Pl SW Wall Construction STM E3FG c429 Storm Drainage Improvements - 88th & 194th STM E3FH c430 SW Edmonds-105th/106th Ave W Storm Improvements SWR E3GA c398 2013 Sewerline Replacement Project SWR E3GB c142 OVD Sewer Lateral Improvements WTR E3JA c397 2013 Waterline Replacement Program WTR E3JB c141 OVD Watermain Improvements (2003) WTR E3JB c418 224th Waterline Relocation (2013) FAC E3LA c393 Frances Anderson Center Accessibility Upgrades FAC E3LB c419 ESCO III Project STR E4CA c438 2014 Overlay Program STM E4FA c433 2014 Drainage Improvements STM E4FB c434 LID Retrofits Perrinville Creek Basin STM E4FC c435 2014 Willow Creek Daylighting/Edmonds Marsh Restoration STM E4FD c436 2014 Lake Ballinger Associated Projects SWR E4GA c441 2015 Sewerline Replacement Project WTR E4JA c422 2014 Waterline Replacement Program Revised 3/26/2014 Packet Page 85 of 355 PROJECT NUMBERS (By Engineering Number) Funding Engineering Project Number Project Accounting Number Project Title WTR E4JB c440 2015 Waterline Replacement Program PRK E4MA c417 City Spray Park STR E6DA c245 76th Avenue West/75th Place West Walkway Project STR E6DB c256 Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project General E6MA c238 SR99 Enhancement Program STR E7AA c265 Main Street Lighting and Sidewalk Enhancements STR E7AC i005 228th St. SW Corridor Improvements STR E7CB c268 Shell Valley Emergency Access Road STM E7FG m013 NPDES PM E7MA c276 Dayton Street Plaza SWR E8GA c298 Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08) SWR E8GD c301 City-Wide Sewer Improvements PM E8MA c282 Fourth Avenue Cultural Corridor PM E8MB c290 Marina Beach Additional Parking STR E9CA c294 2009 Street Overlay Program STR E9DA c312 226th Street Walkway Project STM E9FB c307 Talbot Rd. Storm Drain Project/Perrinville Creek Mitigation SWR E9GA c304 Sewer Lift Station Rehabilitation Design PM E9MA c321 Senior Center Parking Lot & Landscaping Improvements Revised 3/26/2014 Packet Page 86 of 355 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number FAC Edmonds Museum Exterior Repairs Project c327 E0LA FAC Senior Center Roof Repairs c332 E0LB FAC Frances Anderson Center Accessibility Upgrades c393 E3LA FAC ESCO III Project c419 E3LB General SR104 Telecommunications Conduit Crossing c372 E1EA General SR99 Enhancement Program c238 E6MA PM Interurban Trail c146 E2DB PM Dayton Street Plaza c276 E7MA PM Fourth Avenue Cultural Corridor c282 E8MA PM Marina Beach Additional Parking c290 E8MB PM Senior Center Parking Lot & Landscaping Improvements c321 E9MA PRK City Spray Park c417 E4MA STM Stormwater GIS Support c326 E0FC STM Public Facilities Water Quality Upgrades c339 E1FD STM Storm Contribution to Transportation Projects c341 E1FF STM Stormwater Development Review Support (NPDES Capacity)c349 E1FH STM Dayton Street & SR104 Storm Drainage Alternatives c374 E1FM STM Perrinville Creek Culvert Replacement c376 E1FN STM Edmonds Marsh Feasibility Study c380 E2FC STM 2012 Citywide Storm Drainage Improvements c382 E2FE STM 2013 Citywide Drainage Replacement c406 E3FA STM 2013 Lake Ballinger Basin Study & Associated Projects c407 E3FB STM Perrinville Creek Stormwater Flow Reduction Retrofit Study c408 E3FC STM Dayton Street Storm Improvements (6th Ave - 8th Ave)c409 E3FD STM Northstream Pipe Abandonment on Puget Drive c410 E3FE STM 190th Pl SW Wall Construction c428 E3FF STM Storm Drainage Improvements - 88th & 194th c429 E3FG STM SW Edmonds-105th/106th Ave W Storm Improvements c430 E3FH STM 2014 Drainage Improvements c433 E4FA STM LID Retrofits Perrinville Creek Basin c434 E4FB STM 2014 Willow Creek Daylighting/Edmonds Marsh Restoration c435 E4FC STM 2014 Lake Ballinger Associated Projects c436 E4FD STM NPDES m013 E7FG STM Talbot Rd. Storm Drain Project/Perrinville Creek Mitigation c307 E9FB Revised 3/26/2014 Packet Page 87 of 355 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number STM North Talbot Road Drainage Improvements c378 E2FA STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB STM Lake Ballinger Associated Projects 2012 c381 E2FD STR 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade c329 E0AA STR Five Corners Roundabout (212th Street SW @ 84th Avenue W)c342 E1AA STR 2011 Residential Neighborhood Traffic Calming c343 E1AB STR 76th Ave W at 212th St SW Intersection Improvements c368 E1CA STR Sunset Walkway Improvements c354 E1DA STR Transportation Plan Update c391 E2AA STR 9th Avenue Improvement Project c392 E2AB STR Citywide Safety Improvements c404 E2AC STR Hwy 99 Enhancements (Phase III)c405 E2AD STR 5th Ave Overlay Project c399 E2CC STR School Zone Flashing Beacon/Lighting Grant c420 E3AA STR SR104 Corridor Transportation Study c427 E3AB STR 220 7th Ave N Sidewalk c421 E3DA STR 238th St. SW Walkway (100th Ave to 104th Ave)c423 E3DB STR 15th St. SW Walkway (Edmonds Way to 8th Ave)c424 E3DC STR 236th St. SW Walkway (Edmonds Way to Madrona School)c425 E3DD STR ADA Curb Ramp Upgrades along 3rd Ave S c426 E3DE STR 2014 Overlay Program c438 E4CA STR 76th Avenue West/75th Place West Walkway Project c245 E6DA STR Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project c256 E6DB STR Main Street Lighting and Sidewalk Enhancements c265 E7AA STR 228th St. SW Corridor Improvements i005 E7AC STR Shell Valley Emergency Access Road c268 E7CB STR 2009 Street Overlay Program c294 E9CA STR 226th Street Walkway Project c312 E9DA SWR 2012 Sewermain-Alder/Dellwood/Beach Pl/224th St. Sewer Replacement c347 E1GA SWR 2012 Sanitary Sewer Comp Plan Update c369 E2GA SWR Alder Sanitary Sewer Pipe Rehabilitation (2013 Sewer Pipe Rehab CIPP)c390 E2GB SWR 2013 Sewerline Replacement Project c398 E3GA SWR OVD Sewer Lateral Improvements c142 E3GB SWR 2015 Sewerline Replacement Project c441 E4GA Revised 3/26/2014 Packet Page 88 of 355 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number SWR Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08)c298 E8GA SWR City-Wide Sewer Improvements c301 E8GD SWR Sewer Lift Station Rehabilitation Design c304 E9GA WTR AWD Intertie and Reservoir Improvements c324 E0IA WTR 2010 Waterline Replacement Program c363 E0JA WTR Sewer, Water, Stormwater Revenue Requirements Update c370 E1GB WTR 2011 Waterline Replacement Program c333 E1JA WTR 76th Ave W Waterline Extension with Lynnwood c344 E1JB WTR Edmonds General Facilities Charge Study c345 E1JC WTR PRV Station 11 and 12 Abandonment c346 E1JD WTR 2012 Waterline Replacement Program c340 E1JE WTR Main Street Watermain c375 E1JK WTR 2012 Waterline Overlay Program c388 E2CA WTR Pioneer Way Road Repair c389 E2CB WTR 2013 Waterline Replacement Program c397 E3JA WTR OVD Watermain Improvements (2003)c141 E3JB WTR 224th Waterline Relocation (2013)c418 E3JB WTR 2014 Waterline Replacement Program c422 E4JA WTR 2015 Waterline Replacement Program c440 E4JB Revised 3/26/2014 Packet Page 89 of 355 AM-6675 3. D. City Council Meeting Meeting Date:04/01/2014 Time:Consent Submitted For:Rob English Submitted By:Robert English Department:Engineering Committee: Parks, Planning, Public Works Type: Action Information Subject Title Authorization for Mayor to sign a Local Agency Agreement with WH Pacific for the Five Corners Roundabout Project. Recommendation Authorize Mayor to sign the Agreement. Previous Council Action On March 11, 2014, the Parks, Planning and Public Works committee reviewed this item and recommended it be placed on the consent agenda for approval. Narrative The City issued a Request for Qualifications in January, 2014 to hire a consultant to support city staff with field inspection, contract administration, material testing and federal-aid documentation for the Five Corners Roundabout Project. The City received statement of qualifications from six engineering firms and the Selection Committee chose WHPacific based on their qualifications, experience and approach to provide services during construction. The agreement presented at the March Parks, Planning and Public Works committee included HWA GeoSciences, Inc. (HWA) as a sub-consultant for material testing services. During the final review of the agreement with WSDOT, it was determined that HWA could not be a sub-consultant to the agreement since the firm did not have a current WSDOT approved audited overhead rate. The City worked with WHPacific and selected Kleinfelder to replace HWA for material testing services. Kleinfelder’s fee proposal is approximately $3,700 less than the budget previously established for HWA. The total consultant fee for the professional services agreement with WHPacific is $177,142 to complete the construction support services and the required material testing. A management reserve of $17,714 is included for additional work that may be authorized by the City to address unforeseen conditions or construction related issues. The key tasks within the scope of work provide for construction administration, field inspection, materials, project completion and public outreach. This contract will be funded by the Five Corners Roundabout Project budget that includes a federal transportation grant, traffic impact fees, Street 112 Fund and stormwater and water utility funds. Attachments WH Pacific Agreement Packet Page 90 of 355 Form Review Inbox Reviewed By Date Engineering Megan Luttrell 03/27/2014 05:14 PM Public Works Phil Williams 03/28/2014 09:12 AM City Clerk Scott Passey 03/28/2014 09:15 AM Mayor Dave Earling 03/28/2014 11:01 AM Finalize for Agenda Scott Passey 03/28/2014 11:02 AM Form Started By: Megan Luttrell Started On: 03/12/2014 12:02 PM Final Approval Date: 03/28/2014 Packet Page 91 of 355 Packet Page 92 of 355 Packet Page 93 of 355 Packet Page 94 of 355 Packet Page 95 of 355 Packet Page 96 of 355 Packet Page 97 of 355 Packet Page 98 of 355 Packet Page 99 of 355 EXHIBIT A-1 SCOPE OF SERVICES Construction Inspection and Documentation Services City of Edmonds Construction Management Services WHPacific (CONSULTANT) will provide Construction Management (CM) Services for the City of Edmonds (CITY). These services will include on site inspection, construction administration documentation and material testing for the “Five Corners Roundabout Improvement” project. All services will be provided in accordance with the Washington State Department of Transportation’s (WSDOT) Local Agency Guidelines and Construction Manual. The CITY will provide the Resident Engineer to act as the project’s focal coordination point. Project Number: E1AA/c342 Federal Aid Number CM-2512(007) City Project Name: Five Corners Roundabout Intersection Improvement Project Consultant will be providing Scott Bastin to the project to perform Field Inspection and Contract administration services, reporting to the City’s Resident Engineer. CONSULTANT shall not assign another employee to perform field inspection and contract administration services without the prior written approval of CITY. CONSULTANT will submit a proposed personnel change to the CITY for review and approval, if Scott Bastin leaves employment with CONSULTANT. Upon request by CITY, CONSULTANT will replace any personnel from project team within one week of CITY’s submittal of a written request to remove an employee from the project team. Project Description: The project will construct a roundabout at the Five Corners (212th St and 84th Ave) intersection. The scope of construction work includes replacement and improvements to the water and stormwater utilities, conversion of overhead utilities to underground, demolition of existing pavement and sidewalk and construction of new pavement section, striping, sidewalk, curb and gutter, street lighting, signing, landscaping, irrigation, gravity block walls, and flashing beacons. Work Breakdown Structure by Tasks 100 Contract Preparation: 101 CONSULTANT will conduct a site visit to become acquainted with the project site and take preconstruction photos. The photos shall be provided to the City for review and acceptance prior to the start of construction. 102 CONSULTANT will review bid documents to become familiar with the Plans and Specifications. 103 CONSULTANT will attend one preliminary set up meeting with the CITY to discuss change management processes and flow of documentation to and from the field such as Filing system, Field Note Records, Inspector Daily Reports, Request for Approval of Materials (RAM), Employee interviews. 104 CITY will prepare an agenda and conduct the Pre-Construction Meeting. CONSULTANT will review the agenda, take notes during the meeting and develop a list of action items to complete CONSULTANT will also review federal contract requirements with the Contractor and prepare and distribute meeting minutes to attendees. The pre-construction meeting will be separated into two segments covering general administration and utility coordination. 200 Construction Administration: 201 CONSULTANT will review City prepared Inspector Daily Reports (IDR’s) and confirm documents are in compliance with CITY, WSDOT and Federal Requirements. 202 CONSULTANT will review (within 5 working days) the Contractor’s initial CPM Schedule against allowable working days, key utility coordination dates, procurement of long lead items and project milestone dates. CONSULTANT will also review the schedule sequencing and activity duration to check if they are reasonable. Any discrepancies, conflicts or unreasonable work durations will be brought to the attention of the Contractor and CITY. 203 CONSULTANT will monitor Contractor and Sub-Contractor’s employment documentation for adherence to contract requirements. Monitoring will include: Packet Page 100 of 355 A. Maintaining Employment Documentation Log that will track the following items B through F. B. Collecting, reviewing and approving (or rejecting) Requests to Sublet. C. Collecting Certified Payrolls to verify that they meet contract wage requirements. D. Collecting Statements of Intent to pay prevailing wages E. Collecting Affidavits of Wages Paid. F. Collecting and reviewing Certifications for Federal-Aid Projects. 204 CITY will prepare construction Change Orders and Change Order Directives. The CONSULTANT will review contractor price quotes, CITY prepared Change Orders and supporting documentation for Change Orders. If requested by CITY, CONSULTANT will prepare independent cost estimates to evaluate Change Order pricing in accordance with the WSDOT LAG Manual. CONSULTANT will maintain the change order files for WSDOT review and verify the following documents are in each file: A. Fully executed Change Order. B. City Written Authorization to Proceed with Change Order work or executed Change Order directive C. Change Order Pricing D. Independent Cost Estimate E. Force Account records (if needed) F. Schedule analysis for extra working days 205 CONSULTANT will prepare and submit 7 CONSULTANT monthly progress invoices to the CITY for review and payment. Each progress payment shall be supported by completed and approved field note records in accordance with the WSDOT LAG Manual and current guidelines. 206 CONSULTANT will attend 2 meetings with WSDOT Local Programs reviewer to assess project records at 30%and 90% construction completion. 207 CONSULTANT will review (within 3 working days) Contractor’s updates to the CPM Schedule and notify CITY and Contractor of discrepancies, conflicts or unreasonable work durations. 208 CONSULTANT will prepare and maintain, on a weekly interval, a Submittals Log that will be provided at the weekly coordination meeting with the Contractor. CONSULTANT shall actively track status of submittals and ensure that submittals are being reviewed within 5 working days, unless the submittal is determined to be of a non-critical nature by the CITY and Contractor. 209 CITY will prepare and issue a Letter of Substantial Completion. 210 CONSULTANT will coordinate with WSDOT Local Programs regarding project records and documentation. 211 CONSULTANT will prepare and maintain, on a weekly interval, a Request for Information (RFI) log that will be provided at the weekly coordination meeting with the Contractor. CONSULTANT shall actively track status of RFI’s and ensure that RFI’s are being reviewed within 5 working days, unless the RFI is determined to be of a non-critical nature by the CITY and Contractor. 212 CONSULTANT will prepare and maintain, on a quarterly interval, a Disadvantage Business Enterprise (DBE) log that tracks payments to DBE contractors. The log shall be maintained in accordance with current WSDOT guidelines. CONSULTANT shall submit Contractor’s quarterly DBE report to WSDOT Local Programs. 213 Attend weekly project coordination meeting with the Contractor and Utility Companies. Prepare weekly agendas and meeting minutes in a format acceptable to CITY. 214 CONSULTANT will prepare and maintain, on a weekly interval, a potential change order list for unpaid, owner requested, or disputed work. The list will include the following: A. Dates for when work was completed. B. Description of work C. Force account estimate of work. D. City Authorization date (if owner requested) 300 Field Inspection for 120 Working Days: 301 Provide complete field notes and Inspector Daily Reports (IDR’s) in general compliance with CITY, WSDOT and Federal requirements. CONSULTANT shall provide CITY with completed IDR’s by Friday of each work week The IDR’s shall include, at a minimum, a description of the work performed by the Contractor and Subcontractors, approximate quantities of materials installed, log of equipment and staff used, traffic control observations, weather condition, and any observed problems or construction issues. 302 Maintain records of gravel, concrete, and asphalt delivery tickets. Obtain scaleman’s certification from Asphalt batch plant. Packet Page 101 of 355 303 CONSULTANT will prepare Weekly Statements of Working Days and submit to Contractor by Monday for the previous work week. 304 Observe Contractor’s work and document that the project is built according to the Plans and Specifications. 305 Prepare and submit Field Note Records for review and payment. 306 Monitor the Contractor’s traffic control procedures and implementation of the approved traffic control plans. 307 Monitor the Contractor’s temporary erosion and sediment control procedures and systems and promptly notify the Contractor and CITY if there are erosion or sediment problems within the project limits. 308 Monitor the Contractors compliance with all permits. 309 Provide daily project construction photos of traffic control set-up and work activities during the course of construction. Photographs will be in digital format and cataloged by date and description of work. 310 Material testing coordination, as required under the ROM and WSDOT Construction Manual, with material testing Sub-Consultant. 311 Use WSDOT form 424-003 and conduct Employee Interview Report for the Contractor and all Subcontractors. 312 Assist the City RE in coordinating with WSDOT Local Programs as necessary. 313 CONSULTANT shall coordinate and track quantities of materials provided by Utility companies for the conversion of overhead utilities to underground. CONSULTANT shall confirm that certificate of materials are provided for each delivery and verify the quantity delivered by each Utility. CONSULTANT shall also be on-site when deliveries are made by Utility companies to confirm that the supplied materials have not been damaged. 314 Review the Contractor’s construction record drawings on a weekly interval in accordance with the Contract Specifications. CONSULTANT will track and record field changes on drawings and use this information to verify the Contractor’s construction record drawings. 400 Materials: 400 CONSULTANT will update the Record of Materials (ROM) as RAMs are rejected, approved, or conditionally approved as well as when test results are obtained. 401 CONSULTANT will inspect materials and conduct testing in accordance with the LAG Manual and the WSDOT Construction Manual. HW A Geosciences will be retained as our subconsultant to provide material’s testing services. 402 CONSULTANT will inspect and test the Concrete for adherence to Contract requirements. Tests to be performed could include: slump, air entrainment and compressive strength. 403 CONSULTANT will inspect installation of Hot Mix Asphalt for adherence to Contract requirements. 404 CONSULTANT will prepare and maintain, on a weekly interval, a Material Testing log that will be provided at the weekly project coordination meetings. The log should include, at a minimum, the following information: A. Date of material test B. Material tested C. Type of Test performed, D. Test Results E. Status if test results do not meet contract specifications. CONSULTANT and HWA Geosciences shall immediately notify CITY and Contractor of a failed test result. 405 At the conclusion of the project, the CONSULTANT will prepare: A. Certification of Materials . 500 Project Completion: The CITY will be responsible for creation of a Punch List, inspection of punch list work and providing finalized pay note documentation. CONSULTANT will assist the CITY with project close-out by performing the following work: 501 CONSULTANT will review the project records to verify that they are complete. This will be a last check before hard-copy files are transferred to the CITY. 502 CONSULTANT will coordinate with WSDOT Local Programs regarding a final review of project records and documentation. CONSULTANT will attend follow-up meetings with CITY and WSDOT Local Programs, if the final review identifies missing documentation that requires an additional review(s) by Local Programs. 503 The CITY will issue a letter of Physical Completion. 504 The CITY will prepare the Final Pay Estimate and Voucher. Packet Page 102 of 355 505 If required and as approved by the CITY, Management Reserve will be used by the CONSULANT to coordinate with the CITY, W SDOT Local Programs and the Contractor to resolve outstanding project issues. 600 Public Outreach: CONSULTANT shall attend one public meeting with residents, business owners and property owners. CONSULTANT shall take notes during the meeting and develop meeting minutes that include required action items. 601 Prior to key project milestones, CONSULTANT will prepare flyers and project newsletters for distribution to the adjacent neighborhood and businesses. 602 CONSULTANT and CITY shall visit all adjacent businesses to gather contact information, establish relationships, and learn more about their business operations. 603 CONSULTANT shall establish and maintain a project list for the purposes of distributing e-mail alerts. CONSULTANT may be requested by CITY to prepare draft e-mail alerts that will be reviewed by CITY before being sent to the listserv. 604 CONSULTANT shall develop and maintain, on a weekly interval, a comment database that tracks comments, questions and action requests by residents, businesses and property owners. 605 CONSULTANT will prepare and distribute a project information sheet that will be distributed to the City twice per month. The format of the information sheet and the type of information to be contained in the report will be approved by the City prior to the start of construction. Assumptions: • CITY will provide the Resident Engineer who will act as the projects focal point of coordination and documentation for all 120 working days. • 130 trips to the project by CONSULTANT. • 30 miles round trip, from Bothell to Edmonds. • No overtime hours included. • The CONSULTANT Inspector may need to adjust his schedule to provide inspection of Contractor work on weekends. 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City Council Meeting Meeting Date:04/01/2014 Time:Consent Submitted By:Michael Clugston Department:Planning Review Committee: Committee Action: Type: Action Information Subject Title Ordinance approving a change in zoning for the property located at 7533 228th Street SW from Residential Multifamily (RM-2.4) to Residential Multifamily (RM-1.5). Recommendation Approve the attached ordinance. Previous Council Action After holding a closed record review on March 18, 2014, the Council voted 6-1 to adopt the recommendation of the Planning Board to rezone the subject property from RM-2.4 to RM-1.5. Narrative This is an ordinance implementing the Council's action on March 18, 2014 to rezone 7533 228th Street SW from RM-2.4 to RM-1.5 (File # PLN20130074). Exhibit 1 is the rezone ordinance and Exhibit 2 are the Council minutes from March 18, 2014. Attachments Exhibit 1 - Strong rezone ordinance Exhibit 2 - minutes of March 18, 2014 Form Review Inbox Reviewed By Date City Clerk Scott Passey 03/27/2014 09:39 AM Mayor Dave Earling 03/27/2014 09:54 AM Finalize for Agenda Scott Passey 03/27/2014 10:28 AM Form Started By: Michael Clugston Started On: 03/26/2014 02:36 PM Final Approval Date: 03/27/2014 Packet Page 131 of 355 - 1 - ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING FINDINGS AND CONCLUSIONS AND APPROVING A CHANGE IN ZONING FOR ONE PARCEL LOCATED AT 7533 228TH STREET SW FROM MULTIPLE RESIDENTIAL (RM-2.4) TO MULTIPLE RESIDENTIAL (RM-1.5); AUTHORIZING AMENDMENT OF THE CITY’S OFFICIAL ZONING MAP; AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council has received the recommendation of the Planning Board, which after an open-record public hearing on February 12, 2014, is recommending approval of a rezone of one parcel comprising 17,066 square feet, more or less, located at 7533 228th Street SW from Multiple Residential (RM-2.4) to Multiple Residential (RM-1.5); and WHEREAS, the City Council reviewed the minutes of the hearing before the Planning Board, which were attached to the council agenda memo as Exhibit 1; and WHEREAS, the City Council reviewed the Planning Division Advisory Report, Findings, Conclusions, and Recommendations dated February 4, 2014, which was attached to the council agenda memo as Exhibit 2; and WHEREAS, a closed-record hearing on the Planning Board’s recommendation was held by the City Council on March 18, 2014; and WHEREAS, the property at 7533 228th Street SW is depicted on a zoning map dated May 2013, and included as Attachment 3 to the Planning Division Advisory Report, Findings, Conclusions, and Recommendations dated February 4, 2014; and Packet Page 132 of 355 - 2 - WHEREAS, the Edmonds City Council agrees with the Planning Board’s analysis that the proposed rezone is in the public interest and satisfies all applicable criteria of the Edmonds Community Development Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. For its findings and conclusions in support of the rezone effected by this ordinance, the City Council hereby adopts by reference the findings and conclusions contained in the Planning Division Advisory Report, Findings, Conclusions and Recommendations dated February 4, 2014 (File No. PLN20130074). Section 2. The parcel located at 7533 228th Street SW, Edmonds, Washington and shown on the attached zoning map dated May 2013 (Exhibit A) is hereby rezoned from Multiple Residential (RM-2.4) to Multiple Residential (RM-1.5). Exhibit A attached hereto is hereby incorporated by this reference as if herein set forth in full. Section 3. The Development Services Director or his/her designee is hereby authorized and directed to make appropriate amendments to the Edmonds Zoning Map in order to properly designate the rezoned property as Multiple Residential (RM-1.5) pursuant to Section 2 of this ordinance. Section 4. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: Packet Page 133 of 355 - 3 - MAYOR DAVID O. EARLING ATTEST/AUTHENTICATED: SCOTT PASSEY, CITY CLERK APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Page 134 of 355 - 4 - SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2014, the City Council of the City of Edmonds, passed Ordinance No. _____________. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING FINDINGS AND CONCLUSIONS AND APPROVING A CHANGE IN ZONING FOR ONE PARCEL LOCATED AT 7533 228TH STREET SW FROM MULTIPLE RESIDENTIAL (RM-2.4) TO MULTIPLE RESIDENTIAL (RM-1.5) AUTHORIZING AMENDMENT OF THE CITY’S OFFICIAL ZONING MAP; AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________, 2014. SCOTT PASSEY, CITY CLERK Packet Page 135 of 355 - 5 - Exhibit A See attached zoning map Packet Page 136 of 355 74TH PL W 229TH ST SW 75TH AVE WHWY 99H AVE W 228TH ST SW iStrong Rezone 7533 228th St. SW RM-2.4 to RM-1.5 File #: PLN20130074 1 inch = 150 feet BC RM-1.5 CG CG2 Current Zoning Map May 2013 RM-2.4 RS-8 Packet Page 137 of 355 Packet Page 138 of 355 Packet Page 139 of 355 Packet Page 140 of 355 Packet Page 141 of 355 Packet Page 142 of 355 AM-6719 4. City Council Meeting Meeting Date:04/01/2014 Time:5 Minutes Submitted For:Dave Earling Submitted By:Carolyn LaFave Department:Mayor's Office Review Committee: Committee Action: Type: Information Information Subject Title Proclamation in honor of Mayor's Day of Recognition for National Service Recommendation Previous Council Action Narrative The second annual Mayor's Day of Recognition for National Service takes place on Tuesday, April 1, 2014. The goal is to highlight and acknowledge the impact of Senior Volunteers and national service programs. Attachments MDOR_proclamation Form Review Inbox Reviewed By Date City Clerk Scott Passey 03/27/2014 09:39 AM Mayor Dave Earling 03/27/2014 09:54 AM Finalize for Agenda Scott Passey 03/27/2014 10:28 AM Form Started By: Carolyn LaFave Started On: 03/26/2014 02:12 PM Final Approval Date: 03/27/2014 Packet Page 143 of 355 Packet Page 144 of 355 AM-6724 6. City Council Meeting Meeting Date:04/01/2014 Time:10 Minutes Submitted By:Carrie Hite Department:Parks and Recreation Review Committee: Parks/Planning/Public Works Committee Action: Recommend Review by Full Council Type: Action Information Subject Title City Park Award of Bid Recommendation Council authorize the Mayor to sign a Professional Services Agreement with Site Workshop for design of the Spray pad at City Park. Previous Council Action Council authorized expenditures and received grants for City Park Spray and Play revitalization. Council authorized a Professional Services Agreement with MacLeod Reckord for Architectural and Engineering services for the City Park revitalization project. Council authorized the Mayor to sign an award of bid for the Play Equipment. Council authorized the Mayor to sign an award of bid for the Spray Equipment. Council terminated contracts with MacLeod Reckord and Aquatic Specialty Services Narrative Since the last update to Council on February 25, 2014 ( see context below), staff have been working on Option 3: Continue with replacement of the play area, research options for a new location at City Park of the spray area that would allow us to use a recirculating system for the water, and contacting the State RCO, Hazel Miller Foundation, and Snohomish County to determine if we could redirect the grants to a stand alone spray area in City Park. The State RCO office and Snohomish County funding will still be in place for this option. Additionally, Hazel Miller Foundation has expressed their interest and continued support for the Spray pad, and if it is still viable, will continue to provide funding. After researching the viability of a spray pad in City Park, staff recommended to Council to terminate the City's current contracts with MacLeod Reckord for Landscape design services, and Aquatic Specialty Services for the Spray equipment. Packet Page 145 of 355 When the City published the bid process for Landscape Design services for City Park in May 2013, the company that scored second in the process was Site Workshop. Site Workshop has recent and relevant experience in designing and establishing stand alone spray pads throughout the Puget Sound region. After discussions with Site Workshop, staff is recommending an award of bid for Site Workshop to assist in completion of this project. The PSA and Scope of Work are attached. This PSA is only for the first 30% of the project, so we can determine the location, size, and viability of the spray pad before we incur more expense. If this work is successful, staff will be back for the 60/90/ and 100% design services for the spray pad. MEMO from February 25, 2014, for context: The City Park Revitalization project has been underway since January 2013. The project has several moving parts of which I will attempt to describe in this narrative. After a formal bidding process, MacLeod Reckord was awarded the A/E bid from Council in March 2013. Staff have been working with MacLeod Reckord to complete 95% design and bid documents for the construction of City Park Play and Spray revitalization. There are several components of this project that staff have completed and bid separately from the A/E contract in order to avoid the markup costs and to save money. To date, the City staff have facilitated the completion of the survey and wetland delineation for this project. In addition, staff have published formal bid processes for both the Play equipment and Spray equipment. Council has awarded a bid for the Play equipment and Spray equipment. We have now completed the 95% construction documents and they are in the process of review by the building department. In the review process, there were several concerns raised, the largest concern being the actual construction process given the geotechnical report. The geotechnical report demonstrates an artesian flow of water directly below the construction area of the spray pad. Design and specific earthwork projects often includes some uncertainty, multiple options for construction methods, design parameters, and strategies specifying and bidding the project, all with varying degrees of cost vs. risk. The design team, the geotechnical consultant, Public Works and Parks staff met on January 24, 2014 to discuss these concerns and explore options for this project weighing both the cost and the risk for construction. It was determined that the best possible alternative in moving forward with this project was to conduct additional geotechnical work, and possibly redesign the location of the catchment tank to the hillside. This would undoubtedly be dryer ground, and give the depth to install the tank without disturbing the artesian water flow. It was also determined that the best possible time to construct this would be in the dryer months of August – October. Considering the additional geotechnical work, the redesign, and the 95% construction costs, attached is the updated budget for this project. Total expenditures, with tax and contingency would total $1,672,419. Revenues for the project currently total 1,350,000. This includes $500,000 from the Parks CIP, $500,000 from the State Recreation and Conservation Office, $270,000 from Hazel Miller Foundation, and $80,000 from Snohomish County. The City has several options in reviewing this project. Options: Packet Page 146 of 355 1. Approve additional budget expenditure and go forward in the redesign and construction of the project. We do have $155,000 in the 125 and $170,000in the 132 that could realistically be directed to this project. 2. Cease the project. To date we have spent $106,000 on survey, design, wetland mitigation and permitting. We also have paid deposits for both the spray equipment and play equipment, totaling $169,000 that could be refundable. 3. Continue with replacement of the play area, research options for a new location at City Park of the spray area that would allow us to use a recirculating system for the water. We would need to contact the State RCO, Hazel Miller Foundation, and Snohomish County to determine if we could redirect the grants to a stand alone spray area in City Park. We would also need to dedicate some funds to geotechnical work and design for a new area. Attachments PSA for Site Workshop Site Workshop 30% Scope of Work Form Review Inbox Reviewed By Date City Clerk Scott Passey 03/27/2014 09:39 AM Mayor Dave Earling 03/27/2014 09:56 AM Finalize for Agenda Scott Passey 03/27/2014 10:28 AM Form Started By: Carrie Hite Started On: 03/27/2014 08:52 AM Final Approval Date: 03/27/2014 Packet Page 147 of 355 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Edmonds, hereinafter referred to as the "City", and Site Workshop, hereinafter referred to as the "Consultant"; WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide lanscape design services with respect to the revitalization of City Park; NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with the Scope of Services that is marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on lump sum basis as set forth on the fee schedule found in Exhibit A, provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of $20,000.00 ( Twenty thousand dollars ). B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City biweekly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. No billing shall be considered for payment that has not been submitted to the Parks Director three days prior to the scheduled cut-off date. Such late vouchers will be checked by the City and payment will be made in the next regular payment cycle. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three years after final payment. Copies shall be made available upon request. 3. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant under this Agreement shall be and are the property of the Consultant, provided, however, that: Packet Page 148 of 355 A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become the property of the City. B. The City shall have the right, upon reasonable request, to inspect, review and copy any work product during normal office hours. Documents prepared under this agreement and in the possession of the Consultant may be subject to public records request and release under Chapter 42.56 RCW. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. 5. Hold harmless agreement. The Consultant shall indemnify and hold the City and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the Consultant’s negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require a Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based solely upon the conduct of the City, its agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Consultant’s agents or employees, and (b) the City, its agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the City of defending such claims and suits shall be valid and enforceable only to the extent of the Consultant’s negligence or the negligence of the Consultant’s agents or employees. The Consultant shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The Consultant specifically assumes potential liability for actions brought by the Consultant’s own employees against the City and, solely for the purpose of this indemnification and defense, the Consultant specifically waives any immunity under the state industrial insurance law, Title 51 RCW. 6. General and professional liability insurance. The Consultant shall obtain and keep in force during the terms of the Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Packet Page 149 of 355 Insurance Coverage A. Worker’s compensation and employer’s liability insurance as required by the State. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. D. Professional liability insurance in the amount of one million dollars ($1,000,000). Excepting the Worker’s Compensation Insurance and Professional Liability Insurance secured by the Consultant, the City will be named on all policies as an additional insured. The Consultant shall furnish the City with verification of insurance and endorsements required by the Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The Consultant shall submit a verification of insurance as outlined above within fourteen days of the execution of this Agreement to the City. No cancellation of the foregoing policies shall be effective without thirty days prior notice to the City. The Consultant’s professional liability to the City shall be limited to the amount payable under this Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified elsewhere in this Agreement. In no case shall the Consultant’s professional liability to third parties be limited in any way. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin, disability, physical handicap, sexual orientation, veteran status, or liability for service in the armed forces of the United States. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this contract. 9. City approval of work and relationships. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the City. During pendency of this agreement, the Consultant shall not perform work for any party with respect to any property located within the City of Edmonds or for any project subject to the administrative or quasijudicial review of the City without written notification to the City and the City’s prior written consent. Packet Page 150 of 355 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document and the Consultant's proposal attached hereto as Exhibit A. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 12. Changes/Additional Work. The City may engage Consultant to perform services in addition to those listed in this Agreement, and Consultant will be entitled to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Services, the City understands that a revision to the Scope of Services and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate the Consultant to render or the City to pay for services rendered in excess of the Scope of Services in Exhibit A unless or until an amendment to this Agreement is approved in writing by both parties. 13. Standard of Care. Consultant represents that Consultant has the necessary knowledge, skill and experience to perform services required by this Agreement. Consultant and any persons employed by Consultant shall use their best efforts to perform the work in a professional manner consistent with sound engineering practices, in accordance with the schedules herein and in accordance with the usual and customary professional care required for services of the type described in the Scope of Services. 14. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. Non-assignable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. 16. Covenant against contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Packet Page 151 of 355 17. Compliance with laws. The Consultant in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 18. Notices. Notices to the City of Edmonds shall be sent to the following address: City of Edmonds Carrie Hite Parks, Recreation, and Cultural Services 700 Main Street Edmonds, WA 98020 Notices to the Consultant shall be sent to the following address: Site Workshop Mark Brands 222 Etruria St., Suite 200 Seattle, Wa 98109 Receipt of any notice shall be deemed effective three days after deposit of written notice in the U.S. mails, with proper postage and properly addressed. DATED THIS _______ DAY OF __________________, 20_____. CITY OF EDMONDS CONSULTANT NAME: By By Dave O. Earling Mayor Its ATTEST/AUTHENTICATED: ________________________________ Scott Passey, City Clerk APPROVED AS TO FORM: ________________________________ Office of the City Attorney Packet Page 152 of 355 City Park Spraypark - Edmonds Landscape Architectural Services Proposal 30% Design Phase of Work March 25, 2014 1 PROJECT BACKGROUND Project Description Landscape architectural services for design, documentation, permitting and construction of a spraypark and associated facilities in City Park in the City of Edmonds, WA. The general program includes an approximately 3,000 - 5,000 SF recirculating spraypark, associated mechanical equipment and storage tanks, utility connections, storm drainage, pedestrian circulation and maintenance access. The Owner of the project is the City of Edmonds (City). Site Workshop will be the prime consultant and contract directly through the Parks, Recreation, and Cultural Services Department (Parks). The scope of services, duration and project area are based on information and discussions with Carrie Hite of the Parks Department. The City of Edmonds Engineering Department has assigned Ed Sibrel as the project manager for the City. Project Budget The construction budget for the spraypark is approximately $620,000. Project Areas The spraypark will be located within City Park in the City of Edmonds. The location of the spraypark will be determined during the 30% design phase of work. Possibilities include the existing playground area or on a new site within the southern half of the site. Project Phasing & Schedule  30% Design Apr - May 2014 (2 months)  60% Design Jun - Jul 2014 (2 months)  90% Design / Bid Docs / Bid Aug - Nov 2014 (4 months)  CA / Project Close Winter / Spring 2015 (4 months) Project Meetings & Reviews Important to the planning and landscape design scope of work will be design, coordination and review meetings with Parks, review agencies and project team representatives. We anticipate and have allowed for the following meetings:  Regular design, coordination and review meetings with Parks, Engineering and appropriate sub consultant team members  Review meetings with various City departments to coordinate project standards and permitting  Review meetings with Snohomish Department of Health PROJECT SCOPE Initial Scope This proposal includes fees for the 30% Design phase only. At the conclusion of the 30% Design phase, the project scope will be refined based on initial design work and fees proposed for the 60% Design phase through Project Close. Assumptions, Qualifications, Exclusions Site Workshop will provide basic service based on the following assumptions:  Project will be built in a single phase. Coordination may be required with the implementation of the play area that will be installed in the current footprint separate to this project.  The location of the spraypark will be determined in the 30% design phase of work. Possible locations include the existing play area or in the southern half of the park. Packet Page 153 of 355 City Park Spraypark - Edmonds Landscape Architectural Services Proposal 30% Design Phase of Work March 25, 2014 2  If the spraypark is co-located with the existing play area, it will be coordinated with the new play equipment and separate installation to the spraypark.  The spraypark will include a recirculating water handling system consisting of a holding tank, filtration system, pump and controls, chemical storage and chemical control system to comply with Washington State Water Recreation Facilities WAC 246-260.  It is assumed that the water treatment equipment and space for chemical storage will require a new building to be located in an accessible location for maintenance vehicles.  The existing survey will be used for the project. Additional survey may be required if a new location is selected for the spraypark (other than the previously selected location). A fee for survey is not included in this proposal.  Existing geotechnical information will be used. Additional geotechnical advice and exploration may be required if a new location is selected for the spraypark. A fee for geotech is not included in this proposal.  Wetland mitigation will be required if working within the wetland buffer area. It is assumed that the existing wetland study and mitigation measures will be completed directly by Parks. Additional wetland analysis and mitigation, should it be required, is not included in this proposal.  An arborist is not included in this proposal. Should one be required due to work adjacent to existing trees, an additional service will be proposed.  Site Workshop will provide services for site design and layout, materials and equipment selection and detailing, grading and drainage, site furnishings, automated irrigation system including controls and planting design.  Mechanical engineering services will be provided for the recirculating spraypark elements and will comply with Department of Health requirements.  Electrical engineering services will be provided for the spraypark. It is assumed that existing 3- Phase power does not exist within the park, however it will be explored as part of the 30% design phase of work.  It is assumed that lighting is not required for the project.  Civil engineering services will be provided for utility connections, storm water design and erosion control measures. It is assumed that storm water detention will be required for the project. It is also understood that the previous stormwater design will be utilized as much as possible in development of the new design.  The SWPPP if required, will be provided by the contractor.  An NPDES permit will not be required if the project disturbance is held under 1 acre.  Community process will not be required for the project. Prior community process will be taken into consideration to guide the design of the project.  Site Workshop will work directly with the Snohomish County Department of Health to determine water quality requirements and other required elements to approve the spraypark design.  It is assumed that an updated Edmonds Design Review checklist and submittal will be required for the project.  It is assumed that the selection of a spraypark vendor through an approved competitive bid process will occur in the 60% design phase of work. The design team will produce documents and specification for bid by Parks for advertisement, distribution and selection.  Drawings will be produced in AutoCAD .dwg and digitally saved as a PDF.  Site Workshop will provide cost estimating at each phase of work.  New restrooms or renovation of existing restrooms is excluded.  LEED certification or other sustainability measures is excluded.  Plan printing or cost of permits and fees is excluded.  SEPA checklist will be completed by Parks with input from the design team.  Specifications will be produced in approved Engineering format (WSDOT format) Packet Page 154 of 355 City Park Spraypark - Edmonds Landscape Architectural Services Proposal 30% Design Phase of Work March 25, 2014 3 Basic Services 30% Design Phase / Design Review  Meet with Parks to review background material, previous concept design and all related documents that affect the design and permitting of the project. Discuss potential locations for spraypark and merit of each location.  Meet with Engineering to discuss utility connections (water, sewer), drainage and stormwater management requirements, standard details and permitting process.  Meet with local power authority and analyze potential to bring three-phase power to the park.  Meet with Snohomish Department of Health and if required Department of Ecology to review project requirements and potential project issues.  Meet with Building Division to review permitting and bldg. requirements.  Define the spraypark program as it relates to existing park elements, restroom adjacencies, maintenance vehicle and pedestrian circulation, and utility and mechanical systems. Identify opportunities and constraints that affect the proposed designs.  Develop a spraypark concept plan based on team input that illustrates the size, character, and configuration of the site and program components. Work with potential vendors to review equipment selections and mechanical and water quality systems.  Prepare informal illustrations, image boards or sketches of critical site areas or components related to the spraypark for presentation to Parks and City Council for approval.  Prepare Design Review checklist and submittal documents.  Provide estimate of probable cost for all proposed elements.  Provide input to SEPA completed by Parks. Deliverables:  Site concept plan, plan enlargements and image boards suitable for presentations.  30% design documents for review and approval by Parks. - Site layout plan describing spraypark, access and relationship to existing park elements - Proposed spraypark play elements and schematic of water quality system - Sections and sketches as necessary to describe the design - Stormwater narrative and sketch plans if necessary - Mechanical narrative for proposed spraypark system - Electrical narrative and analysis of spraypark system and ability to bring three-phase power to the park.  Design review checklist and submittal documents.  Estimate of probable costs.  Notes from all meetings noted above. 60% Construction Documents Phase*  Meet with Parks to review comments on 30% design package  Meet with Engineering as required to review 30% plans  Meet with Snohomish Department of Health if necessary to review 30% design and solicit feedback.  Meet with Building Division to review permitting and bldg. requirements.  Revise concept plans to reflect comments from Parks, Engineering and Dept. of Health.  Develop early bid package for spraypark RFP process and competitive bid if necessary.  Provide civil, mechanical and electrical design related to revised design.  Respond to Design Review comments if required. Packet Page 155 of 355 City Park Spraypark - Edmonds Landscape Architectural Services Proposal 30% Design Phase of Work March 25, 2014 4  Revise estimate of probable cost for all proposed elements. Deliverables:  Spraypark bid documents for early vendor selection (if necessary). Package to include: - conceptual spraypark layout - conceptual mechanical drawings - specifications  60% Construction Documents, fixing the location and description of proposed spraypark elements including: - Preliminary erosion control plans - Storm water plan and details - Utility plan and details - Site layout plans with finish grading, hardscape and paving definition for materials and finishes of surfacing and vertical elements and identification and location of site furnishings and special features. - Site sections and details - Irrigation criteria and system design narratives. - Planting layout and legend. - Spraypark play equipment layout and mechanical systems. - Mechanical plans and details - Electrical plans and details  Specifications  Revised estimate of probable costs. 90% Construction Documents / Permit/Bid Phase*  Meet with Parks to review comments on 60% design package  Meet with Engineering as required to review 60% plans and discuss permit submittal.  Meet with Edmonds Building Division to review permitting and bldg. requirements.  Meet with Snohomish Department of Health if necessary to review 60% design and discuss permit submittal.  Revise concept plans to reflect comments from Parks, Engineering and Dept. of Health  Prepare 90% construction documents  Prepare permit submittals to City of Edmonds and Dept. of Health  Revise estimate of probable costs.  Pre-bid meeting and bidder support during bid period. Deliverables:  90% Construction Documents of plans described above at 60% design phase.  Specifications  Revised estimate of probable costs.  Addendums during bid period. Construction Phase / Close-Out*  Facilitate weekly contractor progress meetings and conduct site observations during construction to become familiar with the progress and quality of work related to the landscape architectural portions of work. Weekly meetings will review schedule, inspections, submittals, RFI’s, change directives, change orders, pay requests, safety and old / new business.  Review shop drawings and submittals for irrigation, plant materials, furnishings and other contractor submittals related to the landscape scope of work. Packet Page 156 of 355 City Park Spraypark - Edmonds Landscape Architectural Services Proposal 30% Design Phase of Work March 25, 2014 5  Review and revise contract drawings due to field conditions and Parks direction.  Submit meeting notes and construction reports, informing Parks of progress on the project, problems encountered and incidents of non-compliance and change directives with the Contract Documents.  Evaluate contractor’s change orders and substitutions.  Provide substantial and final approval on the project, including a joint final inspection with Parks and preparation of a final punch list.  Provide assistance during the guarantee period of the contract, including review of written guarantees, advising on correction of any defects.  Provide project close-out by completing record drawings based on contractor redlines and assembling all warranty and product information. Deliverables:  Construction meeting notes  Shop drawing and product submittal review  RFI tracking and responses  Revise and re-issue drawings as required and as approved by Parks  Construction observation reports and meeting notes by sub-consultant team  Final Punchlist and Back-Punchlist  Record Drawings, Warranties, Product Information *Scope to clarified based on 30% Design phase FEE SUMMARY Task Basis Subtotal 30% Design Documents: Site Workshop (Prime) Lump Sum $12,500 Enginuity Systems (Mech) Lump Sum $950 LPD Engineering (Civil) Lump Sum $3,250 Gerber Engineering (Elect) Lump Sum $1850 Total $18,550 Reimbursable Expenses Not-to-exceed $900 Future Tasks Basis Subtotal 60% Construction Documents Lump Sum TBD 90% Construction Documents / Permit Lump Sum TBD Construction Administration / Close-Out Lump Sum TBD Total TBD Reimbursable Expenses Not-to-exceed TBD HOURLY RATE SCHEDULE Personnel Hourly Rate Site Workshop Principal $160 - $180 Project Manager / Landscape Architect $110 - $120 Packet Page 157 of 355 City Park Spraypark - Edmonds Landscape Architectural Services Proposal 30% Design Phase of Work March 25, 2014 6 Landscape Architect / Project Designer $95 - $110 Technical Support $80 - $95 Administrative Support $80 LPD Engineering Principal Senior Engineer/Project Manager IV $175 Senior Engineer/Project Manager III $155 Senior Engineer/Project Manager II $140 Project Manager I/Engineer III $120 Engineer II $110 Engineer I $105 Design Engineer III $90 Design Engineer II $85 Design Engineer I $70 CAD Drafter IV/CAD Manager $115 CAD Drafter III $90 CAD Drafter II $75 CAD Drafter I $70 Project Admin/Tech Editor $115 Project Admin $85 Admin Assistant $45 Project Assistant/Intern $45 VE – Principal $175 VE – Senior Engineer $140-155 Enginuity Systems Principal $130 Project Engineer $110 Engineer $85 Designer $75 CAD Technician $60 Word Processor $60 Gerber Engineering Inc. Principal $200 Engineer III $155 Engineer II $125 Designer III $108 Engineer $100 Designer II $95 Designer I $87 CAD Operator II $80 CAD Operator I $65 Accounting/Clerical $60 Packet Page 158 of 355 AM-6722 7. City Council Meeting Meeting Date:04/01/2014 Time:15 Minutes Submitted By:Scott Passey Department:City Clerk's Office Review Committee: Committee Action: Type: Action Information Subject Title Public hearing and potential action on an application for a Concession Agreement between the City of Edmonds and Dean Parmenter/Hot Diggity Dog. Recommendation It is recommended that the City Council conduct the public hearing and receive comments. If the City Council determines that the Concession Agreement should be approved, it should also establish and approve the monthly fee for the use of the right-of-way. Previous Council Action In 2004, the City Council adopted modifications to regulations governing street vendors. The regulations required street vendors to have a mobile vending cart capable of being pushed by a single person that could be easily moved and not permanently located on city right-of-way. On September 18, 2006, the City Council adopted Ordinance No. 3604 which allowed for Concession Agreements to be entered into for the lease of public right-of-way space. Since November 2006, the City Council has approved and renewed Concession Agreements with various vendors for the subject site, including Milltown Pizza and Shorts ‘N Slippas. Narrative The attached Application for a Concession Agreement was submitted by Dean Parmenter of Hot Diggity Dog. The applicant proposes to sell specialty hot dogs, chips, and drinks (bottled water and sodas) on the subject site, which is located at James Street immediately east of the ferry holding lanes and adjacent to the SR104 park. The application has been reviewed by the Parks and Recreation Director, Development Services Director, Public Works Director and City Attorney. No concerns were raised. Previous users of this site paid a monthly lease rate of approximately $100 for the use of the right-of-way. If approved, a rate needs to be established for the current applicant. The City Code requires that the applicant obtain a Street Use Permit (Engineering Division) City Business License (City Clerk's Office), Snohomish County Health District approval, and a Certificate of Insurance. Packet Page 159 of 355 Insurance. Attached as Exhibit 1 is the application submitted by Dean Parmenter/Hot Diggity Dog. Attached as Exhibit 2 is Edmonds City Code Chapter 4.04, Concession Agreements, which states that Concession Agreements may be granted at the sole discretion of the City Council. Attached as Exhibit 3 is the proposed new Concession Agreement prepared by the City Attorney's Office. The monthly lease amount is proposed at $100.00 plus a leasehold excise tax in the amount of $12.84 for a total of $112.84. Attachments Exhibit 1 - Concession App Exhibit 2 - ECC Chapter 4.04 Exhibit 3 - Draft Concession Agreement Form Review Inbox Reviewed By Date Mayor Dave Earling 03/27/2014 10:24 AM Finalize for Agenda Scott Passey 03/27/2014 10:28 AM Form Started By: Scott Passey Started On: 03/26/2014 03:59 PM Final Approval Date: 03/27/2014 Packet Page 160 of 355 Packet Page 161 of 355 Packet Page 162 of 355 Packet Page 163 of 355 Packet Page 164 of 355 Packet Page 165 of 355 Packet Page 166 of 355 Packet Page 167 of 355 Packet Page 168 of 355 Packet Page 169 of 355 Packet Page 170 of 355 EDMONDS CITY CODE CHAPTER 4.04 CONCESSION AGREEMENTS Sections: 4.04.010 Concession agreements. 4.04.020 Concession agreements on public property. 4.04.030 Leases of public right-of-way. 4.04.040 Exemptions. 4.04.010 Concession agreements. A concession agreement is a lease of public property or city right-of-way. Decisions to lease city property or public right-of-way are legislative decisions to be granted at the sole discretion of the city council. By way of illustration and not limitation, a concession agreement may provide for the lease of public property or right-of-way for private use to vend food, beverages, or merchandise, provide classes or other forms of instruction for a fee or other valuable consideration, rent bicycles, roller skates, fishing equipment or other uses which the city council, in its sole discretion, believes are consistent with the public’s full use and enjoyment of park, public property or right-of-way, or enhance the general atmosphere of the community. [Ord. 3869 § 1, 2012; Ord. 3604 § 1, 2006]. 4.04.020 Concession agreements on public property. A. “Public property” shall mean any property in fee by the city of Edmonds. B. Concession agreements may be granted at the sole discretion of the city council from time to time as it deems appropriate, with the exception that the mayor shall have the discretion to grant certain seasonal concession agreements, subject to the limitations set forth in subsection (D) of this section. The revenue from the lease of public property shall accrue to the general fund; provided, however, that concession agreements for lease of property owned, purchased or utilized by a utility or other special purpose fund shall accrue to that fund. C. Such agreements shall be approved by the city council in a form created and approved by the city attorney. The lessee shall provide proof of insurance in a minimum of $1,000,000 per occurrence and $5,000,000 in the aggregate, or as recommended by the Washington Cities Insurance Authority, and shall fully indemnify and hold harmless the city, its officers, agents, employees and volunteers. D. Concession agreements relating to park property shall comply in all respects with the park plan adopted as a part of the city’s comprehensive plan. A concession agreement shall be approved only if, at the determination of the parks and recreation director, it is in line with the goals and objectives of that plan, and is appropriate for the particular park(s) in which the concession is to be located. Seasonal concession agreements, which are defined as those under which the vendor operates the concession only during the annual high season (usually May through September), may be granted by the mayor without city council approval or public hearing requirements. Seasonal concession agreements may be Packet Page 171 of 355 located in regional or community parks only, as defined in the park plan, and are subject to annual review and approval by the mayor and the parks and recreation director prior to renewal. E. Concession agreements relating to city property other than city park property shall be approved only after a public hearing. Notice of the public hearing shall be posted at the site sought for lease by a concessionaire. Concession agreements for city park property are not subject to public hearing requirements. [Ord. 3869 § 1, 2012; Ord. 3604 § 1, 2006]. 4.04.030 Leases of public right-of-way. A. “Public right-of-way” shall mean property held for street or alley purposes and shall typically be limited to unopened city right-of-way. The lease of public right-of-way developed for street purposes shall incorporate applicable terms from the street use provisions of Chapter 18.70 ECDC. B. Any concession agreement for the lease of unopened street right-of-way shall confer no vested right on the lessee. Any concession or lease agreement drafted by the city attorney shall provide that it may be terminable at the will of the city council with or without cause. On termination, a pro-rated portion of the lease payment shall be returnable to the concessionaire or lessee. C. The lessee shall provide proof of insurance in a minimum of $1,000,000 per occurrence and $5,000,000 in the aggregate and shall fully indemnify and hold harmless the city, its officers, agents, employees and volunteers. [Ord. 3607 § 1, 2006; Ord. 3604 § 1, 2006]. 4.04.040 Exemptions. Persons leasing property from the city through a concession agreement shall obtain a city business license. The use of property leased under a concession agreement shall be consistent with the uses permitted in the adjacent zone. “Adjacent zone” means that zoning, other than public zoning or right-of- way designation, which is closest to the area leased. In the event that differing zones are equidistant from the leased property, the more restrictive use provisions of an adjacent zone shall be applied. [Ord. 3604 § 1, 2006]. Packet Page 172 of 355 CONCESSION AGREEMENT COMES NOW, the City of Edmonds, Washington, a municipal corporation (hereinafter “City”) and Hot Diggity Dog (hereinafter “Concessionaire”) under the terms and conditions set forth herein: 1. Statement of Purpose. The purpose of this Concession Agreement is to authorize the temporary use as described herein of the unopened right of way of James Street immediately east of the ferry holding lanes. This Concession Agreement is a legislative action of the Council, and as provided herein, may be terminated by the Council at any time. The Concessionaire is authorized to use the location to sell food and beverages other than alcoholic beverages. Nothing herein shall be interpreted to relieve the Concessionaire of obtaining the approval of any necessary state or local entity, including requirements to obtain business and street use permits as referenced in this Agreement. 2. Premises. This Concession Agreement authorizes the use of certain unopened street right of way shown on the attached Exhibit A to the Concessionaire (hereinafter the “Premises”). The unopened right of way of James Street is shown on the attached Exhibit A, incorporated by this reference as fully as if herein set forth. Nothing herein shall be construed to authorize the Concessionaire to enter into the ferry holding lanes without the permission of the Washington State Department of Transportation, nor to vend its products in any location other than the Premises. 3. Undertakings of Concessionaire. In consideration of the benefits of this Agreement, the Concessionaire promises and agrees to: 3.1 Utilize the leased Premises for the maintenance of a movable cart as shown on the attached Exhibits B and C, incorporated by this reference as fully as if herein set forth (hereinafter the “Cart”). The Cart shall comply in all respects with the requirements of the Snohomish County Health Department. 3.2 Pay to the City the sum of $112.84 per month comprised of a base rent amount of $100 plus leasehold excise tax (12.84%) in the amount of $12.84. Such sum shall be paid on or before the first day of each month. Any payment not received by the fifth business day of each and every month shall be subject to a $25 service charge. Failure to remit the lease payment and service charge by the 15th day of each month shall be grounds for immediate termination of these provisions. In addition, an additional service charge of $25 shall be added for every period of five (5) business days thereafter. 3.3 Obtain a business license from the City for this location in accordance with the Edmonds City Code. 3.4 The Concessionaire shall provide as part of the street use permit process a certificate of insurance naming the City as an additional named insured. The policy shall provide public liability protection in the minimum amount of $1 million per Packet Page 173 of 355 occurrence and $2 million in aggregate. The insurance policy shall be primary as to any other policy of insurance. It shall provide that the policy may not be cancelled except upon the provision of thirty (30) days written notice to the City. 3.5 No sales of retail goods or services other than the selling of food or beverages shall be permitted. By way of illustration and not limitation, no sale of alcoholic beverages shall be permitted from this location. 3.6 Promise to indemnify and hold harmless, on behalf of Hot Diggity Dog, including the undersigned owner, as well as its successors, heirs and assigns, the City of Edmonds, its officers, agents and employees from any claim, loss or liability of any kind or nature arising from or out of the use of the Premises and/or the terms and conditions of this Agreement. To the extent necessary to enforce this promise, the Concessionaire as a part of the negotiation of the provisions of this Agreement, waives the immunities of Title 51 RCW to, but only to, the limited extent necessary to indemnify and hold harmless the City, its officers, agents and employees. 3.7 Concessionaire may terminate this Agreement on the provision of thirty (30) days written notice. 3.8 In the event of termination, Concessionaire shall restore the site to its original condition and remove all structures, temporary or permanent, by the date of termination. The City may, at its option, seize any personal property, temporary structure or other object or item left on the site and sell it in the event that it is not removed by the date of termination set in the notice from Concessionaire. The City may, at its option, restore the site and bill Concessionaire for the reasonable cost of restoration of the site to its original condition. If Concessionaire fails to pay the sum within thirty (30) days, the parties agree that the City may forward the sum to a collection agency for recovery. Concessionaire shall be responsible for any costs associated with such recovery, including reasonable attorneys’ fees, court costs and the charges of the collection agency. 4. Obligations of the City. The City shall: 4.1 Make available the unopened street right of way of James Street to the Concessionaire to vend food and beverages; provided, however, that nothing herein shall be interpreted to authorize the sale of alcoholic beverages from the site. 4.2 The City Council, in its sole legislative discretion, reserves the right under this Agreement to terminate its provisions at any time upon the provision of forty-eight (48) hours written notice. In addition, the City Council reserves the right to seek proposals for the leased premises or any other property or unopened right of way of the City for competitive bids from other vendors at such time and through such a process as in its sole discretion shall determine appropriate. The Concessionaire shall be provided an opportunity in any such future process to make a proposal on the same terms as other proposals, but shall have no competitive advantage in the process. The lease payments provided in paragraph 3.2 above are specifically set at a lower rate than market Packet Page 174 of 355 rates to acknowledge that this Concession Agreement is terminable at will. In the event of termination by the City, the City shall return a pro-rata portion of any prepaid rent. 5. No Assignment. This Agreement may not be assigned without the express approval of the Edmonds City Council, which may be withheld for any lawful reason or purpose. 6. Term. This Agreement, unless earlier terminated as herein provided, shall expire on April 1, 2015. The City may allow a holdover period to permit processing an application for renewal where, due to no fault of the applicant, the City is unable to complete its review, including a required public hearing, before the expiration date. 7. Entire Agreement. This is the entire agreement between the parties. It shall not be amended except in writing with the express written consent of the parties hereto. DONE this __________ day of ____________________, 2014. HOT DIGGITY DOG By: ___________________ Its: ___________________ STATE OF WASHINGTON ) )ss COUNTY OF SNOHOMISH ) I certify that I know or have satisfactory evidence that ______________________ is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath and stated that he/she was authorized to execute the instrument and acknowledged it as the ____________________ of HOT DIGGITY DOG, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: ______________________________ NOTARY PUBLIC Printed Name: _______________________ My commission expires: Packet Page 175 of 355 CITY OF EDMONDS ______________________ Dave Earling, Mayor ATTEST/AUTHENTICATED: _______________________ Scott Passey, City Clerk APPROVED AS TO FORM: _______________________ Office of the City Attorney Packet Page 176 of 355 AM-6723 8. City Council Meeting Meeting Date:04/01/2014 Time:30 Minutes Submitted By:Rob Chave Department:Planning Review Committee: Committee Action: Type: Action Information Subject Title Public Hearing on a Proposed Amendment to the City of Edmonds Development Code, allowing Recreational Marijuana Producers as a permitted use in the CG and CG2 Zones; allowing Recreational Marijuana Processors as a permitted use in the CG And CG2 Zones; allowing Recreational Marijuana Retail Outlets as a permitted use in the BC, BD, BN, CG And CG2 Zones; prohibiting Recreational Marijuana uses in all other zones, and adopting other restrictions on the locations of these Recreational Marijuana uses. (AMD20130014) Recommendation Approve the Planning Board's recommendations on zoning marijuana businesses, as modified by the City Attorney in Exhibit 1, and direct the City Attorney to bring back a final ordinance on the next consent agenda. Previous Council Action The City Council adopted a moratorium ordinance (#3998) regarding marijuana activities on August 20, 2013. An extension of the moratorium was approved as part of Ordinance #3960 on February 4, 2014, with the moratorium now set to expire on May 14, 2014. Previous discussions by Council occurred in August and September of 2013 (see Council minutes, Exhibit 4). Narrative The City is currently under a moratorium on all marijuana-related uses and businesses. This public hearing is regarding which zoning classifications would allow marijuana businesses operating under the auspices of I-502. Permitted uses would be producers, processors, and retailers licensed by the Washington State Liquor Control Board (WSLCB) under the rules designed to implement I-502. There are limitations on where any marijuana-based business can locate, based on the 1,000 foot buffers included in I-502 and the LCB's rules (see Exhibits 6 and 7). The Planning Board held a public hearing on draft land use (zoning) regulations on February 12, 2014, and recommended approval to the City Council of an ordinance that would do the following: (1) Permit marijuana producers and processors in the City's CG and CG2 zones. These are defined as wholesale businesses, and these are the City's wholesale business zones. (2) Permit retail marijuana businesses in the City's BC, BD, BN, CG and CG2 zones. These are the City's principal commercial zones and would be most appropriate for retail uses. (3) Prohibit marijuana businesses in any other zone, and in any residential units within any commercial or mixed use zones. Exhibit 1 contains the ordinance recommended by the Planning Board with some updates and technical corrections recommended by the City Attorney. The original draft ordinance recommended by the Planning Board is provided in Attachment 2. Note that a licensing ordinance is also Packet Page 177 of 355 before the Council as a separate agenda item. Also note that medical marijuana is not covered or authorized under I-502, and is therefore not part of the regulations or discussion related to I-502. Exhibits included for reference are as follows: Exhibit 1: Planning Board recommended ordinance with technical updates recommended by the City Attorney. Exhibit 2: Planning Board recommended ordinance. Exhibit 3: Planning Board minutes. Exhibit 4: City Council minutes. Exhibit 5: Ordinance 3960. Exhibit 6: Liquor Control Board adopted rules. Exhibit 7: Draft Edmonds I-502 buffers map. Exhibit 8: US DOJ Guidance Memo. Exhibit 9: State Attorney General Opinion. Exhibit 10: Comments received Exhibit 11: LCB guidance/documents. Attachments Exhibit 1: Draft ordinance with City Attorney edits Exhibit 2: Planning Board recommended ordinance Exhibit 3: Planning Board minutes Exhibit 4: City Council minutes Exhibit 5: Moratorium Ordinance 3960 Exhibit 6: LCB Adopted Rules Exhibit 7: Draft Edmonds I-502 buffers map Exhibit 8: US DOJ Guidance Memo Exhibit 9: State AG Opinion Exhibit 10: Public comments Exhibit 11: LCB guidance Form Review Inbox Reviewed By Date City Clerk Scott Passey 03/27/2014 12:03 PM Mayor Dave Earling 03/27/2014 01:40 PM Finalize for Agenda Scott Passey 03/27/2014 02:18 PM Form Started By: Rob Chave Started On: 03/26/2014 04:30 PM Final Approval Date: 03/27/2014 Packet Page 178 of 355 ORDINANCE NO. _____ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RELATING TO LAND USE AND ZONING, ALLOWING RECREATIONAL MARIJUANA PRODUCERS AS A PERMITTED USE IN THE CG AND CG2 ZONES; ALLOWING RECREATIONAL MARIJUANA PROCESSORS AS A PERMITTED USE IN THE CG AND CG2 ZONES; ALLOWING RECREATIONAL MARIJUANA RETAIL OUTLETS AS A PERMITTED USE IN THE BC, BD, BN, CG AND CG2 ZONES; PROHIBITING RECREATIONAL MARIJUANA USES IN ALL OTHER ZONES, AND ADOPTING OTHER RESTRICTIONS ON THE LOCATIONS OF THESE RECREATIONAL MARIJUANA USES. ____________________________________________________________________________ WHEREAS, In November of 2012, the Washington voters passed I-502, which directed the Washington State Liquor Control Board (LCB) to regulate recreational marijuana by licensing and taxing recreational marijuana producers, processors and retailers; and WHEREAS, the regulatory scheme in I-502 required the LCB to adopt rules before December of 2013 to address the methods for producing, processing and packaging of recreational marijuana, to establish security requirements for retail outlets, retail outlet locations and hours of operation, labeling requirements and method of transport of product throughout the state, taxing of marijuana-related activities, creation of a dedicated fund is created, consisting of marijuana excise taxes, license fees, penalties and other income;: and WHEREAS, on September 4, 2013, the LCB issued proposed new regulations, which: prohibits the establishment of recreational marijuana businesses within 1,000 feet of certain identified sensitive uses;, require criminal history background checks for licensees;, establish qualifications for licensees;, limits the amount of space available for recreational marijuana production;, allows marijuana to take place indoors in a fully enclosed, secure facility or outdoors enclosed by a physical barrier with an 8 foot high fence;, limits the average inventory on the licensed premises at any time;, limits the number of retailers within counties and cities within the counties based on estimated consumption and population data;, establishes insurance requirements for licensees;, describes the security requirements;, requires employees to wear badges;, requiring require alarm and surveillance systems on the licensed premises;, requires that licensees track marijuana from seed to sale;, establishes the manner in which free samples of marijuana may be provided;, prohibits the sale of soil amendments, fertilizers and other crop production aids;, identifyies transportation requirements, sign requirements, and recordkeeping requirements;, identifyies a mechanism for enforcement of violations, including the failure to pay taxes;, specifyies marijuana infused product serving sizes, maximum number of servings and limitations on transactions;, identifies identify marijuana waste disposal restrictions;, describes the process for quality assurance testing, extraction and the requirements for packaging and labeling;, describes advertising limitations;, explains the process for licensing suspension, revocation and penalties for violations; and Packet Page 179 of 355 WHEREAS, according to the Revised Proposed Rules, the LCB will determine whether the recreational marijuana business licensee is within 1,000 feet of the sensitive uses identified in WAC 314-55-050(10) and shall not issue the license if it is within this area; and WHEREAS, the LCB has adopted final Rules and begun to accept license applications; and WHEREAS, on August 20, 2013, the City adopted Ordinance 3938 establishing a moratorium on the acceptance of all permit or business license applications for marijuana-related business activities; and WHEREAS, on February 4, 2014, the City adopted Ordinance 3960, which extended the moratorium established in Ordinance 3938 by three additional months; and WHEREAS, the Development Services Director sent a copy of this draft Ordinance to the Washington State Department of Commerce, pursuant to RCW 36.70A.106; and WHEREAS, on February 12, 2014, the Planning Board held a public hearing on this draft Ordinance, and completed its recommendation to the City Council; and WHEREAS, on April 1, 2014, the City Council held a public hearing and considered this draft ordinance during its regular meeting; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS ORDAINS AS FOLLOWS: Section 1. Ordinance No. 3938, adopted on August 20, 2013, and Ordinance No. 3960, adopted on February 4, 2014 is are hereby repealed. Section 2. A new chapter 17.110 is hereby added to the Edmonds Community Development Code, which shall read as follows: CHAPTER 17.110 RECREATIONAL MARIJUANA 17.110.010 Findings and Purpose. 17.110.020 Definitions. 17.110.030 Recreational Marijuana Uses Allowed. 17.110.040 Signs and Advertising. 17.110.050 Visibility of Activities; Control of Emissions and Odor. 17.110.010 Findings and Purpose. A. The purpose of this Chapter is to establish where recreational marijuana producers, processors and retail outlets may locate in the City, and to describe the restrictions upon such uses. In addition to compliance with this Chapter, every recreational marijuana processor, producer and retail outlet shall obtain a City business license. Packet Page 180 of 355 B. No part of this Chapter is intended to or shall be deemed to conflict with federal law, including but not limited to, the Controlled Substances Act, 21 U.S.C. Section 800 et seq., the Uniform Controlled Substances Act (chapter 69.50 RCW) nor to otherwise permit any activity that is prohibited under either Act, or any other local, state or federal law, statute, rule or regulation. Nothing in this Chapter shall be construed to supersede Washington state law prohibiting the acquisition, possession, manufacture, sale or use of medical cannabis or recreational marijuana in any manner not authorized by chapter 69.51A RCW or chapter 69.50 RCW. Nothing in this Chapter shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, or that creates a nuisance, as defined herein. It is the intention of the City Council that this Chapter be interpreted to be compatible with federal and state enactments and in furtherance of the public purposes that those enactments encompass. 17.110.020 Definitions. The City adopts the definitions in WAC 314-55-010 and RCW 69.50.101 to apply throughout this Chapter, particularly including, but not limited to, the definitions of marijuana producer, marijuana processor, and marijuana retailer contained in RCW 69.50.101. 17.110.030 Recreational Marijuana Uses Permitted only in the following specified zones. A. Recreational Mmarijuana producerstion is aare permitted use in the CG and CG2 zones, and is are not a permitted use in any other zone. B. Recreational Mmarijuana processorsing areis a permitted use in the CG and CG2 zones, and is are not a permitted use in any other zone. C. Recreational Mmarijuana retailers outlets or retail uses are permitted uses only in the BC, BD, BN, CG and CG2 zones, and are not permitted uses in any other zone. D. No recreational marijuana producer, processor or retailer outlet may locate within any residentially zoned district or within any residential unit in the City. E. Medical marijuana activitiesfacilities, including but not limited to dispensaries, access points, and collective gardens, and any other facility that manufactures, produces, processes, dispenses, distributes, sells, or provides marijuana without a valid license from the Washington State Liquor Control Board, are not permitted as recreational marijuana uses under this Chapteranywhere within the City of Edmonds. 17.110.040 Signs and Advertising. A. All signage and advertising for a recreational marijuana processor, producer or retail outlet shall comply with the applicable provisions of the City Code, the Sign Code, Zoning Code and WAC 314-55-155 (and all applicable rules and regulations promulgated thereunder). 17.110.050. Visibility of Activities; Control of Emissions. Packet Page 181 of 355 A. Other than signage and advertising, Aall activities of the recreational marijuana business, including, but not limited to, cultivating, growing, processing, displaying, manufacturing, selling and storage, shall be conducted out of the public view. B. No recreational marijuana, marijuana products or marijuana paraphernalia shall be displayed or kept in a business so as to be visible from outside the licensed premises. C. Sufficient measures and means of preventing smoke, odors, debris, dust, fluids and other substances from exiting the recreational marijuana business must be in effect at all times. In the event that any odors, dust, fluids or other substances exit a recreational marijuana business, the owner of the subject premises and the licensee shall be jointly and severally liable for such conditions and shall be responsible for the immediate, full clean-up and correction of such condition. The licensee shall properly dispose of all such materials, items and other substances in a safe, sanitary and secure manner and in accordance with all applicable federal, state and local laws and regulations. Section 3. Adoption by Reference. The City hereby adopts WAC 314-55-010 through WAC 314-55-540 by reference, as well as RCW 69.50.101. Pursuant to RCW 35A.12.140 (for code cities), a copy of these rules and the statute adopted by reference has been on file in the office of the city clerk for use and examination by the public. A copy of these rules and statutes has also been on file while this ordinance has been under consideration by the council and after adoption. Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 5. Effective Date. This ordinance shall be effective five days after publication of an approved summary, which shall consist of the title. PASSED by the City Council of ______ this ___ day of ________, 2014. _______________________________ MAYOR ATTEST/AUTHENTICATED: City Clerk. Packet Page 182 of 355 APPROVED AS TO FORM: Office of the City Attorney _________________________________ City Attorney PUBLISHED: EFFECTIVE DATE: Packet Page 183 of 355 ORDINANCE NO. _____ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RELATING TO LAND USE AND ZONING, ALLOWING RECREATIONAL MARIJUANA PRODUCERS AS A PERMITTED USE IN THE CG AND CG2 ZONES; ALLOWING RECREATIONAL MARIJUANA PROCESSORS AS A PERMITTED USE IN THE CG AND CG2 ZONES; ALLOWING RECREATIONAL MARIJUANA RETAIL OUTLETS AS A PERMITTED USE IN THE BC, BD, BN, CG AND CG2 ZONES; PROHIBITING RECREATIONAL MARIJUANA USES IN ALL OTHER ZONES, AND ADOPTING OTHER RESTRICTIONS ON THE LOCATIONS OF THESE RECREATIONAL MARIJUANA USES. ____________________________________________________________________________ WHEREAS, In November of 2012, the Washington voters passed I-502, which directed the Washington State Liquor Control Board (LCB) to regulate recreational marijuana by licensing and taxing recreational marijuana producers, processors and retailers; and WHEREAS, the regulatory scheme in I-502 required the LCB to adopt rules before December of 2013 to address the methods for producing, processing and packaging of recreational marijuana, to establish security requirements for retail outlets, retail outlet locations and hours of operation, labeling requirements and method of transport of product throughout the state, taxing of marijuana-related activities, creation of a dedicated fund is created, consisting of marijuana excise taxes, license fees, penalties and other income: and WHEREAS, on September 4, 2013, the LCB issued proposed new regulations, which: prohibits the establishment of recreational marijuana businesses within 1,000 feet of certain identified sensitive uses, require criminal history background checks for licensees, establish qualifications for licensees, limits the amount of space available for recreational marijuana production, allows marijuana to take place indoors in a fully enclosed, secure facility or outdoors enclosed by a physical barrier with an 8 foot high fence, limits the average inventory on the licensed premises at any time, limits the number of retailers within counties and cities within the counties based on estimated consumption and population data, establishes insurance requirements for licensees, describes the security requirements, requires employees to wear badges, requiring alarm and surveillance systems on the licensed premises, requires that licensees track marijuana from seed to sale, establishes the manner in which free samples of marijuana may be provided, prohibits the sale of soil amendments, fertilizers and other crop production aids, identifies transportation requirements, sign requirements, recordkeeping requirements, identifies a mechanism for enforcement of violations, including the failure to pay taxes, specifies marijuana infused product serving sizes, maximum number of servings and limitations on transactions, identifies marijuana waste disposal restrictions, describes the process for quality assurance testing, extraction and the requirements for packaging and labeling, describes advertising limitations, explains the process for licensing suspension, revocation and penalties for violations; and Packet Page 184 of 355 WHEREAS, according to the Revised Proposed Rules, the LCB will determine whether the recreational marijuana business licensee is within 1,000 feet of the sensitive uses identified in WAC 314-55-050(10) and shall not issue the license if it is within this area; and WHEREAS, the LCB has adopted final Rules and begun to accept license applications; and WHEREAS, on August 20, 2013, the City adopted Ordinance 3938 establishing a moratorium on the acceptance of all permit or business license applications for marijuana-related business activities; and WHEREAS, the Development Services Director sent a copy of this draft Ordinance to the Washington State Department of Commerce, pursuant to RCW 36.70A.106; and WHEREAS, on February 12, 2014, the Planning Board held a public hearing on this draft Ordinance, and completed its recommendation to the City Council; and WHEREAS, on April 1, 2014, the City Council held a public hearing and considered this draft ordinance during its regular meeting; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS ORDAINS AS FOLLOWS: Section 1. Ordinance No. 3938, adopted on August 20, 2013, is hereby repealed. Section 2. A new chapter 17.110 is hereby added to the Edmonds Community Development Code, which shall read as follows: CHAPTER 17.110 RECREATIONAL MARIJUANA 17.110.010 Findings and Purpose. 17.110.020 Definitions. 17.110.030 Recreational Marijuana Uses Allowed. 17.110.040 Signs and Advertising. 17.110.050 Visibility of Activities; Control of Emissions and Odor. 17.110.010 Findings and Purpose. A. The purpose of this Chapter is to establish where recreational marijuana producers, processors and retail outlets may locate in the City, and to describe the restrictions upon such uses. In addition to compliance with this Chapter, every recreational marijuana processor, producer and retail outlet shall obtain a City business license. B. No part of this Chapter is intended to or shall be deemed to conflict with federal law, including but not limited to, the Controlled Substances Act, 21 U.S.C. Section 800 et seq., the Uniform Controlled Substances Act (chapter 69.50 RCW) nor to otherwise permit any Packet Page 185 of 355 activity that is prohibited under either Act, or any other local, state or federal law, statute, rule or regulation. Nothing in this Chapter shall be construed to supersede Washington state law prohibiting the acquisition, possession, manufacture, sale or use of medical cannabis or recreational marijuana in any manner not authorized by chapter 69.51A RCW or chapter 69.50 RCW. Nothing in this Chapter shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, or that creates a nuisance, as defined herein. It is the intention of the City Council that this Chapter be interpreted to be compatible with federal and state enactments and in furtherance of the public purposes that those enactments encompass. 17.110.020 Definitions. The City adopts the definitions in WAC 314-55-010 and RCW 69.50.101 to apply throughout this Chapter. 17.110.030 Recreational Marijuana Uses Permitted only in the following specified zones. A. Recreational marijuana production is a permitted use in the CG and CG2 zones, and is not a permitted use in any other zone. B. Recreational marijuana processing is a permitted use in the CG and CG2 zones, and is not a permitted use in any other zone. C. Recreational marijuana retail outlets or retail uses are permitted uses only in the BC, BD, BN, CG and CG2 zones, and are not permitted uses in any other zone. D. No recreational marijuana producer, processor or retail outlet may locate within any residentially zoned district or within any residential unit in the City. E. Medical marijuana activities, including but not limited to dispensaries and collective gardens, are not permitted as recreational marijuana uses under this Chapter. 17.110.040 Signs and Advertising. A. All signage and advertising for a recreational marijuana processor, producer or retail outlet shall comply with the applicable provisions of the City Code, the Sign Code, Zoning Code and WAC 314-55-155 (and all applicable rules and regulations promulgated thereunder). 17.110.050. Visibility of Activities; Control of Emissions. A. All activities of the recreational marijuana business, including, but not limited to, cultivating, growing, processing, displaying, manufacturing, selling and storage, shall be conducted out of the public view. B. No recreational marijuana or paraphernalia shall be displayed or kept in a business so as to be visible from outside the licensed premises. C. Sufficient measures and means of preventing smoke, odors, debris, dust, fluids and other substances from exiting the recreational marijuana business must be in effect at all Packet Page 186 of 355 times. In the event that any odors, dust, fluids or other substances exit a recreational marijuana business, the owner of the subject premises and the licensee shall be jointly and severally liable for such conditions and shall be responsible for the immediate, full clean-up and correction of such condition. The licensee shall properly dispose of all such materials, items and other substances in a safe, sanitary and secure manner and in accordance with all applicable federal, state and local laws and regulations. Section 3. Adoption by Reference. The City hereby adopts WAC 314-55-010 through WAC 314-55-540 by reference, as well as RCW 69.50.101. Pursuant to RCW 35A.12.140 (for code cities), a copy of these rules and the statute adopted by reference has been on file in the office of the city clerk for use and examination by the public. A copy of these rules and statutes has also been on file while this ordinance has been under consideration by the council and after adoption. Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 5. Effective Date. This ordinance shall be effective five days after publication of an approved summary, which shall consist of the title. PASSED by the City Council of ______ this ___ day of ________, 2014. _______________________________ MAYOR ATTEST/AUTHENTICATED: City Clerk. APPROVED AS TO FORM: Office of the City Attorney _________________________________ City Attorney PUBLISHED: EFFECTIVE DATE: Packet Page 187 of 355 DRAFT Planning Board Minutes February 12, 2014 Page 3 Board Member Ellis requested clarification of the Fire Marshall’s comment (Attachment 7) about addresses for the new unit. Mr. Clugston explained that the apartment building is addressed as 7533, with units 1 through 8. The Fire Marshall is simply confirming that the address for the new unit would also be 7533, with a unit number of 9. In some instances, there are separate addresses for each of the units. Board Member Ellis asked if there would be sufficient space on the property for emergency access if an additional unit is constructed. Mr. Clugston answered affirmatively. Chair Cloutier opened the public hearing. No one in the audience indicated a desire to participate, and the hearing was closed. Board Member Lovell referred to a letter from the applicant, which states his plans to convert the accessory unit to dwelling space. He said he assumes the applicant would be required to obtain all of the necessary building permits. Mr. Clugston said that is understood. Chair Cloutier clarified that approval of the rezone should not be construed as an endorsement of any particular building plan. The Board is charged with making a recommendation on the rezone proposal, irrespective of the property owner’s plans for future development of the site. Vice Chair Tibbott requested clarification about the property’s relationship to the Highway 99 Corridor and Medical/Highway 99 Activity Center. Mr. Clugston explained that the parcel is located within the area identified in the Comprehensive Plan as the Highway 99 Corridor and Medical/Highway 99 Activity Center. He further explained that there are a host of zoning designations that could be applied in this land use designation, including RM-1.5 and RM-2.4. He said it would seem appropriate to have transitional zoning from Highway 99 to the east, using either RM-1.5 or RM-2.4 zoning. Mr. Chave added that there is a lot of multifamily zoning in the activity center, and many of the medical uses that surround the hospital are actually located in residential zones. Vice Chair Tibbott asked for more information about the property that is located to the west, which is currently zoned RM- 2.4. Mr. Clugston said the single-family home that is currently on the property has been used as an office for the past 40 years. Retail uses are located immediately to the west of this office site. BOARD MEMBER LOVELL MOVED THAT BOARD FORWARD FILE NUMBER PLN20130074 TO THE CITY COUNCIL WITH A RECOMMENDATION OF APPROVAL BASED ON THE FINDINGS OF FACT, ANALYSIS, CONCLUSIONS AND ATTACHMENTS IN THE STAFF REPORT DATED FEBRUARY 4, 2014. BOARD MEMBER STEWART SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) TO ALLOW RECREATIONAL MARIJUANA USES IN CERTAIN ZONES AND ADOPTING OTHER RESTRICTIONS ON THE LOCATIONS OF THE USE (FILE NUMBER AMD20130014) Mr. Chave advised that this is a public hearing on the City ‘s consideration of zoning for recreational marijuana-based businesses, which is essentially a local implementation of Initiative 502 (I-502). He noted that a lot of information was provided in the Board’s packet, as well as a draft ordinance for the Board’s consideration that would allow recreational marijuana producers and processors as permitted uses in the General Commercial (CG and CG2) zones and recreational marijuana retail outlets as permitted uses in the Community Business (BC), Downtown Business (BD), Neighborhood Business (BN) and CG and CG2 zones. Mr. Chave explained that marijuana processors and producers are defined as wholesale businesses, and CG and CG2 are the only zones that allow wholesale uses. The proposed ordinance would allow marijuana retail outlets in all of the commercial zones, except the Planned Business (BP) zone. He advised that the zoning for this small area along Edmonds Way near Westgate was developed as part of a study and anticipates small scale uses that generate little traffic. Marijuana retail outlets would generate more traffic and would not be compatible in this particular zone. Packet Page 188 of 355 DRAFT Planning Board Minutes February 12, 2014 Page 4 Mr. Chave emphasized that regardless of the zone, all recreational marijuana uses would be subject to the buffer restrictions and placement requirements outlined in I-502, as well as the requirements set forth by the Liquor Control Board (LCB). He provided a map to illustrate how the buffers set forth in I-502 would be applied throughout the commercial zones in the City. He noted that staff prepared the map using information from State records. He summarized that the use would be limited to just a few properties at Five Corners, a quadrant in Perrinville, and numerous properties along Highway 99. Mr. Chave advised that a separate licensing ordinance is being developed for the City Council’s review. The Board’s review should focus only on regulating the uses. He noted that licensing provisions and state buffer requirements are referenced, but not repeated, in the draft ordinance. If the State were to change the rules, the City would receive notification and be able to make appropriate adjustments at the local level. Mr. Chave recalled that, at their last meeting, the Board’s discussed whether recreational marijuana retail uses should be allowed in a broad range of business zones or if they should be limited to the CG and CG2 zones. However, there appeared to be a strong consensus that producer and processor uses would be more appropriate on Highway 99. He said the Board would be particularly interested in hearing from the public regarding this issue. Mr. Chave said the City Attorney asked him to reiterate that the I-502 does not authorize or include medical marijuana uses. This was made clear in the draft ordinance, as well. The City Attorney is still reviewing the issue, and it is possible he will want to strengthen the language to make it clear that medical marijuana uses are not permitted in Edmonds. Mr. Chave referred the Board to a letter the City received from Ryan C. Espegard, Gordon Thomas Honeywell, dated February 11, 2014. Mr. Espegard indicates support for the draft ordinance, which would allow the uses authorized by I-502. He was supportive of the concept of not over regulating or creating a duplication of the State regulations. Mr. Chave also referred to a letter from John and Jolene Smith, residents on 5th Avenue, dated February 12th. The Smith’s letter encourages the City to ban I-502 businesses and allow them to locate elsewhere. Board Member Duncan requested clarification on how the City generated the map that illustrates the I-502 buffers. He pointed out that there are no buffers shown around the Montessori school in Perrinville and the daycare center at Harbor Square. Mr. Chave said the map identifies uses that are registered with the State. He agreed to follow up with these two situations. Board Member Duncan said that, upon closer examination of the map, it appears that there would be few, if any, sites in Edmonds available for recreational marijuana uses. Mr. Chave said there would be numerous sites along Highway 99 and a few sites at Five Corners. He reminded the Board that the City is only targeted to have two retail outlets. Board Member Duncan asked if a recreational marijuana use would have to relocate if a restricted use is subsequently located nearby. Mr. Chave answered that the license would be valid for the period it was issued. However, he is not sure if State law would allow the license to be renewed for the same location. Vice Chair Tibbott asked if I-502 uses would be prohibited from locating near churches. Mr. Chave said the buffers specified in I-502 include parks, arcades, child care centers, recreational centers, schools, and transit centers. Churches are not specifically limited, but if they house a licensed preschool or daycare, the restrictions would apply. Vice Chair Tibbott pointed out that most churches host children or youth programs. Mr. Chave said programming, itself, is not something that triggers the buffer requirement. The Board continued to discuss the I-502 Buffer Map with staff, pointing out the specific areas where recreational marijuana uses would and would not be allowed. To clarify, Mr. Chave explained that recreational marijuana uses would be allowed to locate in mixed use zones, but not within residential units. He noted that this is consistent with the State’s licensing requirements. It was noted that the buffer areas could change in the future based on changes in use, but this would trigger a license review by the State. Board Member Lovell recalled that, at their last meeting where this item was discussed, Mr. Chave commented that there is no limit on the number of producers or processors a City can allow. Mr. Chave explained that State law limits the overall Packet Page 189 of 355 DRAFT Planning Board Minutes February 12, 2014 Page 5 amount of marijuana that can be produced or processed, but it does not place restrictions on the number of businesses that can locate in a jurisdiction. It does, however, place a restriction on the number of retail outlets that can locate in a city. Board Member Stewart pointed out that the draft ordinance does not address whether delivery would be allowed as a service option for recreational marijuana retail outlets. Mr. Chave pointed out that this would be a licensing issue that is outside the purview of the Board. Chair Cloutier noted that delivery is specifically prohibited by the State regulations. Board Member Ellis expressed concern that the State could change the buffer limitations at some point in the future, making it possible for the use to locate in the downtown business district. Mr. Chave explained that the City would receive notification before the State made any changes, and he is confident the City would be able to react to the changes by adjusting its local regulations. Board Member Ellis questioned why the draft ordinance should allow recreational marijuana retail outlets in the BD, BC and BN zones when the buffer restrictions would prohibit the use from locating on any properties within these zones. Board Member Duncan pointed out that allowing the retail uses to locate in zones other than CG and CG2 would provide economic benefits by drawing people into the City to shop and spend money. Mr. Chave commented that it comes down to how the Board views the use. If they view recreational marijuana retail outlets as part of the fabric of the community, there would be no reason to restrict the use. If they view them as different retail uses, restrictions would be appropriate. Chair Cloutier opened the public hearing. There was no one in the audience who indicated a desire to participate, and the hearing was closed. Board Member Ellis referred to the letter from Mr. and Mrs. Smith, which raises concerns about increased criminal activity associated with recreational marijuana retail outlets. He also noted that the State of Colorado has experienced significantly higher criminal activity in conjunction with the use. Because there is no federal recognition of the assets of recreational marijuana retail businesses, business operators end up having a lot of cash on site. This makes them a rich environment for thieves. Chair Cloutier pointed out that banks in Colorado have stepped up to provide a way for the businesses to handle their cash; and hopefully, this will improve the situation. Board Member Stewart said she is personally uncomfortable with the idea of allowing retail marijuana uses in commercial zones other than CG and CG2. She would be willing to give the retailers a chance in other commercial zones, but the regulations must be strong enough to contain the use to the inside only, with no outside odor or signage that would attract people who are not supposed to be there. She expressed her hope that more people would come forward to express their viewpoints when the ordinance is presented to the City Council. Mr. Chave reminded the Board that the majority of voters in Edmonds voted in favor of I-502. Board Member Duncan asked if the City would have a legal basis for prohibiting the use in Edmonds. Mr. Chave said at least one City has taken this approach, and the issue is currently being settled by the courts. He explained that there is a difference of opinion within the legal environment on whether or not cities can prohibit the use. The State Attorney General issued an opinion that local governments could restrict the use, but there is some discussion amongst the legal community about whether or not this opinion is accurate. The courts will have to ultimately make this decision. Board Member Lovell referred to the letter the City received from the law firm, Gordon Thomas Honeywell. He said the author of the letter, Ryan C. Espegard, also published an article in the Puget Sound Business Journal about whether or not a City could legally prohibit the use. Both the letter and the article suggest that the City would be subject to a lawsuit if they were to take this approach. He expressed would allow the City to avoid some of the problems that might arise if they try to totally exclude the use. Board Member Lovell pointed out that marijuana uses would be primarily regulated by the State Liquor Control Board (LCB), who is responsible for issuing licenses. Mr. Chave explained that although the licenses would be issued by the State, local zoning would control where the uses can be located. Although it is not really a land use issue, Board Member Lovell expressed concern that if there is a problem with a recreational marijuana business, people will call the City and not the LCB for resolution. Packet Page 190 of 355 DRAFT Planning Board Minutes February 12, 2014 Page 6 Board Member Lovell referred to recent articles in THE SEATTLE TIMES with respect to non-licensed activities associated with producing and selling marijuana products. In one situation, a business is selling marijuana from the back seat of a car, using the internet to arrange sales. In another situation, people have used a solvent/leaching process to make a very pure and powerful marijuana oil. He recognized that both of these situations are policing rather than land use issues, but they could happen in Edmonds, as well. Mr. Chave agreed that things that are not authorized or legal under I-502 will likely crop up in the early months, and it will take a while to correct some of the illegal behaviors. Board Member Lovell commented that the best the City can do is control and steer the uses in the appropriate direction via the draft ordinance. He said he does not support prohibiting the use entirely. Board Member Duncan asked if adopting the ordinance could place the City at risk of a lawsuit if there is a leadership change at the Federal level and the attitude towards marijuana businesses changes at some point in the future. Mr. Chave answered that the State has done the best it can to insulate local jurisdictions from this type of risk. The State sought an opinion from the Justice Department so there is some acknowledgement that local jurisdictions are simply implementing State law. He said it is not likely that a change at the federal level would instantaneously create problems at the local level; there would be a process by which this would happen. Board Member Lovell pointed out that Item C in the draft ordinance (Attachment 7) speaks to this issue. It states that “no part of this ordinance is intended to or shall be deemed to conflict with federal law . . .” Mr. Chave said this language came from sample ordinances that were provided to local jurisdictions by the Washington Cities Insurance Pool. The intent is to provide the maximum protection for local jurisdictions. Board Member Ellis observed that some people have suggested that the City ban recreational marijuana uses altogether, which is what the City Council essentially did on a temporary basis by adopting the interim ordinance. He suggested that it is the City Council’s responsibility to decide whether or not the use will be allowed in the City. The Board’s responsibility is to provide its best recommendation as to where the businesses should be located in the event they are allowed in Edmonds. Board Member Cloutier emphasized that the Board is not endorsing the placement of any particular business in any location in Edmonds. They are simply making a recommendation on land use policy that would add additional constraints on the use in addition to those imposed by State law. The map illustrating I-502 buffers was provided as an example, and information may be different when someone applies for a license. BOARD MEMBER LOVELL MOVED THAT THE BOARD FORWARD A RECOMMENDATION OF APPROVAL TO THE CITY COUNCIL FOR FILE NUMBER AMD20130014, A DRAFT ORDINANCE (ATTACHMENT 7) AMENDING THE EDMONDS COMMUNITY DEVELOPMENT CODE TO ALLOW RECREATIONAL MARIJUANA PRODUCERS AS A PERMITTED USE IN THE CG AND CG2 ZONES; ALLOWING RECREATIONAL MARIJUANA PROCESSORS AS A PERMITTED USE IN THE CG AND CG2 ZONES; ALLOWING RECREATIONAL MARIJUANA RETAIL OUTLETS AS A PERMITTED USE IN THE BC, BD, BN, CG AND CG2 ZONES; PROHIBITING RECREATIONAL MARIJUANA USES IN ALL OTHER ZONES, AND ADOPTING OTHER RESTRICTIONS ON THE LOCATIONS OF RECREATIONAL MARIJUANA USES. BOARD MEMBER ELLIS SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. REVIEW OF EXTENDED AGENDA Mr. Chave announced that a public hearing on the Westgate Plan and form-based zoning is scheduled for March 12th. In addition, the Highway 99 Task Force has requested a joint meeting with the Planning Board to discuss ideas for Highway 99 zoning. The Board agreed to schedule the joint meeting as soon as possible on either February 26th or March 26th. Depending on the date for the joint meeting with the Highway 99 Task Force, the Board agreed to conduct a retreat on March 26th. Mr. Chave said he would like to provide a status report on various projects staff has been working on, as well as a preview of their upcoming work on the Comprehensive Plan and Critical Areas Ordinance updates. PLANNING BOARD CHAIR COMMENTS Chair Cloutier reported that the February edition of the AMERICAN PLANNING ASSOCIATION MAGAZINE included an article titled, “Metrics for Sustainable Development.” He reminded the Board that the Mayor’s Climate Protection Committee previously developed a complete list of metrics as part of the Climate Action Plan, but it has not been Packet Page 191 of 355 APPROVED Planning Board Minutes January 8, 2014 Page 7 Board Member Lovell asked if Edmonds in Bloom would be listed as a cultural organization in the CC Plan. Ms. Chapin said the plan uses a very broad definition for arts and culture, and Edmonds in Bloom and the Floretum Garden Club were represented on the PAT and participated in the Arts Summit. She said what they are hoping will come from the CC Plan Update is the integration of various organizations to partner on projects. Along with being an arts community, Ms. Schmitt noted that flowers are important to the City’s overall parks program. Chair Cloutier asked if representatives from the Mural Society were invited to participate on the CCAT. Ms. Chapin answered affirmatively. She said one thing that emerged from the process was the need to look outside of the traditional ideas about art and be as inclusive as possible. The trend nationally in arts and culture is towards more participation, and the community needs to offer people more opportunities. Board Member Duncan asked if the funding collected by a Metropolitan Park District (MPD) could be used for streetscape improvements within the rights-of-way. Ms. Hite answered that the tools for establishing a MPD are outlined in the Revised Code of Washington. The funding could be used for the flower program and park maintenance program, but not for improvements within the rights-of-way. Mr. Mottau asked that Planning Board Members submit their additional comments regarding the two plans via the City’s website by January 17th so the final drafts can be prepared for the public hearing on January 22nd. Ms. Hite agreed to email a reminder to the Board Members, as well as a link to the website and comment sheet. WORK SESSION ON 1-502 IMPLEMENTATION (RECREATIONAL MARIJUANA) Mr. Chave recalled that staff has provided materials to the Board in the past regarding this issue, and the purpose of tonight’s meeting is to solicit Planning Board direction to prepare draft code language for a public hearing on February 12th. He reminded the Board that the City is currently under a moratorium on all marijuana-related uses and businesses. However, with the recent passage of Initiative 502, legalizing recreational marijuana, the City must now consider which zones, if any, are appropriate for these types of businesses (producers, processors and retailers). Technical issues related to licensing would be addressed by the City Council and would not require Planning Board review. He emphasized that tonight’s discussion is not related to medical marijuana. Mr. Chave advised that, regardless of the zones where the uses are allowed to locate, there would be limitations based on the 1,000-foot buffers included in I-502 and the Liquor Control Board’s rules. He referred to the map prepared by staff to illustrate where the 1,000-foot buffer would apply and noted that there are a number of properties on Highway 99 (within the General Commercial (CG) and CG2 zones) where marijuana uses could be located. However, it is also important to note that Harbor Square is also zoned CG. Since the Port owns Harbor Square as a proprietor, they could decide whether or not these kinds of businesses would be appropriate or not. It was noted that there is a daycare and children’s programs at the Harbor Square Athletic Club, and the 1000-foot buffer requirement may apply. The Board agreed that this issue should be explored before they make a final recommendation. Mr. Chave said that, at this time, staff is recommending that these types of businesses make the most sense to be located in the CG and CG2 zones, especially since producers/processors are considered to be wholesale businesses, and the CG and CG2 zones are considered the City’s primary wholesale business zones. Because I-502 prohibits the display of merchandise, retail marijuana uses would not be appropriate in the other commercial and mixed-use zones where businesses are oriented towards the street and window displays are encouraged. Vice Chair Tibbott asked if a marijuana retail business would be allowed to display other items besides those related to marijuana, such as posters, lights, etc. Mr. Chave said it is his understanding that no window displays of any type would be allowed. He added that state law does allow signs to identify businesses, but the signs cannot advertise the types of products sold. The City’s sign code would also apply. Board Member Ellis asked if the State has allocated a certain number of retail marijuana businesses to the City of Edmonds. Mr. Chave answered that the State has allocated two retail marijuana businesses to the City, but it does not place any limits on the number of producers and processors the City can allows. To date, the City has not been notified by the State that any license applications have been submitted, but he expects them to be forthcoming. Packet Page 192 of 355 APPROVED Planning Board Minutes January 8, 2014 Page 8 Board Member Lovell noted that the staff is not recommending allowing these businesses to locate in other commercial zones or in residential zones. He asked if this would include mixed-use zones. Mr. Chave said the intent of staff’s recommendation is to preclude the uses in all zones, except CG and CG2. He noted that State law would not allow the uses to locate in residential zones, but it would not hurt to clarify this limitation in the City’s code, as well. Vice Chair Tibbott asked if limiting the uses to only the CG and CG2 zones would open the City to legal challenges. Mr. Chave said he does not anticipate this will be a problem. Board Member Stewart asked if retail businesses would be allowed to sell baked goods that contain marijuana. Mr. Chave answered affirmatively. Board Member Stewart cautioned that signage will be particularly important to warn people of the type of business and that customers must be 21 years old. Mr. Chave noted that this would be a licensing issue as opposed to a land use issue. He noted that the State’s licensing requirements are thorough and thoughtful. Board Member Lovell observed that some property owners on Highway 99 have voiced concern about pushing all marijuana related uses onto Highway 99. Mr. Chave said another option would be to ban the use from the City altogether, but the City Council did not indicate support for this approach. They felt it was important to honor the will of the people who passed I- 502. He also referred to the current court case against the City of Kent regarding this exact issue. Board Member Lovell expressed concern that regardless of the rules and regulations that are in place to restrict the use, someone will find a way around them via a loophole. Mr. Chave responded that as long as the City has a reasonable explanation for the zoning scheme it comes up with, it should be defensible in court. The City should have ample evidence, given that wholesale activities are currently limited to the CG and CG2 zones and window displays are encouraged in the other commercial and mixed-use zones. These two facts support the conclusion that the uses would be best located in the CG and CG2 zones. Chair Cloutier proposed that retail and wholesale marijuana uses should be allowed in any zone where retail and wholesale uses are currently allowed, subject to the buffer requirements and other restrictions contained in I-502. Mr. Chave pointed out that, currently, the code only allows wholesale uses in the CG and CG2 zones. Chair Cloutier referred to the map and noted that, based on the buffer requirement, there are no locations in the Downtown Business zones and just a few places in the Neighborhood Business (BN) zones (northeast Corner of Perrinville, Westgate and at Five Corners) where marijuana uses would be allowed. Mr. Chave reminded the Board that the buffers identified on the map are based on current uses, and uses can change over time. Board Member Ellis asked if businesses that sell alcohol are required to meet similar buffer restrictions. Mr. Chave answered no. While the City currently restricts where adult entertainment businesses can locate relative bars, he cannot think of any regulations that restrict where a liquor business can locate in commercial zones. However, he acknowledged that he is not familiar with all of the standards related to alcohol uses. Board Member Ellis summarized that it appears the Board is being asked for direction on where the uses should be allowed, and all other issues will be addressed by the state buffer and licensing requirements. Mr. Chave advised that the City can create their own licensing requirements, but this would not involve the Board. The zoning code should only address the location and types of uses. Board Member Ellis said it is important to keep in mind that, although the State has legalized recreational marijuana uses, they are still a violation of Federal Law. Board Member Stewart said she is uncomfortable with the idea of allowing marijuana uses in other zones besides CG and CG2. As a family-friendly City, there will be an outcry from residential neighbors adjacent to where retail marijuana uses would be allowed. She recommended the draft ordinance should exercise the City’s discretion to limit where the uses can locate and then let the public and City Council express their sentiment about the issue at the public hearing. She said that before making a recommendation, the Board should carefully consider how the change would impact the Harbor Square property, as well. Packet Page 193 of 355 APPROVED Planning Board Minutes January 8, 2014 Page 9 Mr. Chave suggested that, for public hearing purposes, the draft ordinance could provide two options for retail sales; one that limits retail marijuana uses to just the CG and CG2 zones and another that allows the use in all commercial zones where retail sales are currently allowed subject to the limitations found in I-502. Just one option could be presented for producers and processors since wholesale uses are currently only allowed in the CG and CG2 zones. The Board agreed that would be appropriate, and they scheduled the item for a public hearing on February 12th. Board Member Stewart asked if it would be possible for the City to charge more for a license depending on the size of the business. Mr. Chave said it would be difficult to target one type of business for a greater fee based on size. Board Member Lovell reminded the Board that the sales tax would be based on the amount of product produced, processed and/or sold. Mr. Chave noted that the City would receive a portion of the sales tax generated by the use, and a State excise tax would also be applied to each stage of the process. REVIEW OF EXTENDED AGENDA Chair Cloutier briefly reviewed the extended agenda, noting that public hearings are scheduled on January 22nd, February 12th and February 26th. PLANNING BOARD CHAIR COMMENTS Chair Cloutier thanked the Board for electing him as Planning Board Chair for 2014. He also commented the Board on a very productive meeting. PLANNING BOARD MEMBER COMMENTS Board Member Stewart referred to an email from former Board Member John Reed regarding an article about accessory dwelling units, which are currently allowed in residential zones in the City of Seattle. She commented that this is a great way to provide affordable housing as part of the composite of the city and something the Board should discuss in the future. Board Member Stewart referred to an article in the November planning magazine titled, “Green Goes Mainstream in Low- Income Housing.” The article provides a great analysis of how the trend for green building in low-income housing projects became stronger from 2005 to 2012. Board Member Stewart announced that she presented the Board’s quarterly report to the City Council on January 7th. She reminded Chair Cloutier and Vice Chair Tibbott to look ahead to when the next report is due. She also suggested the Board consider possible dates for a retreat. Board Member Lovell reported on his attendance at the December 18th Economic Development Commission meeting where the majority of the meeting was spent in a quasi-retreat mode to put together a game plan for 2014. They discussed potentially eliminating the Fiber Optics Subcommittee since most of the work has been completed. They also discussed changing the Tourism Subcommittee’s name to reflect the City’s goal of attracting visitors to Edmonds. Tourism denotes a destination environment, which is not really applicable to Edmonds. The Commission also had some discussion about its role in implementing the Strategic Action Plan. ADJOURNMENT The Board meeting was adjourned at 9:10 p.m. Packet Page 194 of 355 Finance Director Roger Neumaier referred to Councilmember Bloom’s question at the last Council meeting regarding whether the Public Facilities District (PFD) had indicated their intent to request a lower loan amount. He explained the budget included $190,000; the PFD requested $180,000. There was no discussion or intent to request a lower amount. 9. CONTINUED DISCUSSION REGARDING THE ESTABLISHMENT AND OPERATION OF ANY STRUCTURES OR USES RELATING TO COLLECTIVE GARDENS, MARIJUANA PRODUCTION, PROCESSING, OR RETAILING IN THE CITY OF EDMONDS City Attorney Jeff Taraday explained this was introduced to the Council in August/September; the memo from that packet is included in tonight’s packet. Since that time all three Council committees have addressed the issue. He outlined he Council’s policy choices: allow I-502 marijuana stores in Edmonds or ban them. That decision will determine how staff proceeds. The moratorium expires approximately February 20, 2014. Councilmember Fraley-Monillas spoke in favor of allowing dispensaries in Edmonds, particularly in the Hospital District, recognizing marijuana is increasingly prescribed for medical purposes. She recognized further discussion of the specifics would be required. Councilmember Johnson recalled Mr. Taraday’s advice to wait to observe what happened in Kent’s case. Mr. Taraday answered it is still his opinion that the Council has the ability to ban but there has not yet been a definitive ruling from the Court of Appeals or Supreme Court. That is also the consensus among attorneys in the municipal law community. If anything changes in the coming months and it is determined the City cannot ban, he will immediately inform the Council. Council President Petso asked Police Chief Compaan, 1) whether he has a recommendation regarding allowing or banning and 2) what he knows about difficulties or problem that arise if they are allowed. Chief Compaan answered this is uncharted territory; he has his own personal and professional opinions. One can hypothesize about the value added to society; there is still the conflict between state and federal law although the Attorney General of the United States has indicated the federal government will take a step back with certain conditions. The regulatory infrastructure established by the Liquor Control Board (LCB) provides a fairly high degree of regulation including security and siting. There needs to be further uniformity between the medical marijuana and the retailing of marijuana in state law as there currently are two separate systems that are somewhat in conflict. He assumed the legislature would be revisiting that issue. He agreed it was a policy decision for the Council. Council President Petso referred to the required buffer zone around schools, parks, daycares, etc. and asked whether an existing facility would be grandfathered if a daycare or park opened within the buffer. Mr. Taraday answered he was uncertain what the LCB would do in that situation; there may be a renewal process. He reiterated there is a fundamental question to be answered, whether the Council wants to allow marijuana facilities or ban them. If the Council wants to allow them, there will be plenty of time to work out the details such as the question Council President Petso posed. However, if the Council wants to ban them, that question does not need to be answered. Councilmember Buckshnis did not support a ban. Chief Compaan explained there is a difference between dispensaries and retail establishments. Dispensaries are still illegal under state law although some municipalities have looked the other way. Mr. Taraday clarified the decision tonight is only the I-502 LCB licensed facilities. Anything else will be banned because it is not allowed under state law now. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO DIRECT STAFF TO BRING BACK A RECOMMENDATION ADOPTING ZONING AND OTHER ISSUES IN FAVOR OF ALLOWING MARIJUANA BUSINESSES AS RELATED TO I-502. MOTION CARRIED (6-0-1), COUNCILMEMBER JOHNSON ABSTAINED. Packet Page 195 of 355 Edmonds City Council Approved Minutes September 3, 2013 Page 10 7. DISCUSSION REGARDING I-502 AND CITY OPTIONS REGARDING MARIJUANA. City Attorney Jeff Taraday referred to the memo in the Council packet prepared by Susan Drummond, Lighthouse Law Group, regarding the four options the City has for addressing marijuana facilities. Mr. Taraday explained the Council recently adopted a moratorium on which a public hearing will be held next. During the six months the moratorium is in effect, the City can consider what it wants its policy to be with regard to medical marijuana, collective gardens and recreational marijuana facilities that were approved via I-502. He reviewed the four options outlined in the memo: 1. Take no action 2. No immediate action; further assess likely impacts and legal concerns. Kent has litigation pending with regard to a ban on marijuana facilities. Mr. Taraday expected Kent’s ban will be upheld by State courts but a published opinion has not yet been issued. 3. Adopt a permanent ban on marijuana facilities 4. Adopt zoning regulations that allow marijuana facilities in certain zones subject to conditions Mr. Taraday explained this is a timely discussion because there will be a great deal of activity with regard to I-502 in the next 6 months. Tomorrow the Liquor Control Board plans to inform cities and counties the number of retail marijuana facilities they will license for each area. The Liquor Control Board’s allocation does not mean a city cannot ban retail marijuana facilities. The Liquor Control Board will allocate retail marijuana facilities based on population. Even if Edmonds is allocated a certain number of facilities, the City does not have to allow them. The City’s code is essentially silent, other than the moratorium, with regard to collective gardens and retail marijuana stores. He noted no one could apply for a retail license until they have a State license. Mr. Taraday referred to the timeline in the packet, noting a date he learned about today is the Liquor Control Board estimates they will begin issuing licenses in March/April 2014. The City’s moratorium will expire in February 2014; hopefully, the Council has provided clear direction before then regarding zoning, a ban, etc. If the decision is to ban, a ban should be in place by February 2014. If the decision is to zone facilities, the zoning should be in place by February 2014. Because the code is currently silent, he recommended the Council provide a clear policy directive. He did not recommend the Council take no action on a permanent basis. With regard to federal law, as the memo mentions, on August 29 the Justice Department decided they will allow I-502 to go into effect. He highlighted statements in a 4-page memo (not in the packet), Guidance Regarding Marijuana Enforcement intended for all United States attorneys: The Justice Department is committed to using its limited investigative and prosecutorial resources to address the most significant threats. The Justice Department identified eight particular threats that it will continue to focus on: • Preventing the distribution of marijuana to minors; • Preventing revenue from the sale of marijuana from going to criminal enterprises, gangs, and cartels; • Preventing the diversion of marijuana from states where it is legal under state law in some from to other states; • Preventing state-authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity; • Preventing violence and the use of firearms in the cultivation and distribution of marijuana; • Preventing drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use; • Preventing the growing of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana production on public lands; and • Preventing marijuana possession or use on federal property. Packet Page 196 of 355 Edmonds City Council Approved Minutes September 3, 2013 Page 11 Mr. Taraday continued his summary of the memo: Outside of these enforcement priorities, the federal government has traditionally relied on states and local law enforcement agencies to address marijuana activity through enforcement of their own narcotics laws. The Department’s guidance in this memorandum rests on its expectation that states and local governments that have enacted laws authorizing marijuana related conduct will implement strong and effective regulatory and enforcement systems that will address the threat those state laws could pose. If state enforcement efforts are not sufficiently robust to protect against the harms set forth above, the federal government may seek to challenge the regulatory structure itself. Mr. Taraday summarized all marijuana is illegal under federal law; the federal government is not changing the classification of marijuana under federal law. The memo states that federal law enforcement has their enforcement priorities and as long as the states are operating a tight ship with respect to their regulations and making sure State laws that make marijuana legal and the regulatory scheme do not interfere with the federal government’s eight enforcement priorities, it appears the federal government will let the states continue without waiving their right to step in later if they perceive things are getting out of hand or the State’s enforcement is too loose. Council President Pro Tem Fraley-Monillas recalled after the federal government’s statements, the governor’s office made a statement agreeing with the federal government. Mr. Taraday said it appears certain there will be State licensed retail marijuana facilities in Washington; the question is whether the Council wants them in Edmonds and if so, where. Council President Pro Tem Fraley-Monillas preferred to observe the challenges over the next few months. Mr. Taraday responded if a majority of the Council is thinking a ban may be the right way, there is no harm in leaving the moratorium in place and letting 2-4 months pass to see what happens with the Kent case, to confirm that the court will uphold cities’ ability to ban retail marijuana facilities. However, if the Council is leaning toward permitting and zoning, he recommended Council not simply wait because it will take time for the Planning Board to work through appropriate zoning. Zoning would ideally take place before licenses are issued in March/April 2014. Councilmember Buckshnis said she was swaying between 2 (no immediate action) and 4 (adopt zoning regulations) and having the Parks, Planning & Public Works Committee discuss zoning regulations. She inquired about taxes the City would receive. Mr. Taraday answered unlike collective gardens which are not taxed, State licensed facilities will be taxed and if they are allowed in Edmonds, the City will receive the local share of sales tax. Councilmember Buckshnis asked if the City would determine that tax. Mr. Taraday answered it is sales tax; there is no special marijuana tax collected by the city. Councilmember Buckshnis recalled liquor tax is collected by the State and distributed to the cities. Mr. Taraday summarized the City does not have specific taxing authority unique to only marijuana facilities. If there is a State licensed retail marijuana facility in Edmonds, it would be like any other retail operation in Edmonds whereby the City would receive a portion of the sales tax. Councilmember Buckshnis suggested this also be reviewed by the Public Safety and Finance Committees. Mayor Pro Tem Petso observed a city may be permitted to prevent a facility from locating with 1,000 feet of a school. She asked if a city could require a greater distance or add other public facilities such as libraries or parks. Mr. Taraday explained I-502 will address that; the 1,000 foot buffer is listed in I-502 and covers parks, schools, libraries and other areas where minors may be present. The State will address much of that via its own licensing efforts. If the City has the ability to ban, it would have the authority to further restrict them. Councilmember Peterson summarized the issues moving forward include, 1) retail locations, 2) collective gardens, and 3) businesses that use marijuana as a food additive. Mr. Taraday advised under I-502, there are three different licenses, 1) producer, 2) processor, and 3) retailer. In addition there is the non-I-502 collective garden related to medical marijuana; there is currently nothing in the code to address this. Packet Page 197 of 355 Edmonds City Council Approved Minutes September 3, 2013 Page 12 Collective gardens are not licensed or taxed by the State. Unless there is City zoning to regulate collective gardens, the City cannot rely on the Liquor Control Board to regulate them. Councilmember Peterson asked if the City was more vulnerable to a collective gardening license without regulations in the code. Mr. Taraday requested the Council provide clear policy direction with regard to collective gardens. Before the moratorium was adopted there were inquiries about collective gardens. He did not envision that interest would go away with the establishment of State licensed marijuana outlets because collective gardens do not pay tax. Acting Development Services Director Rob Chave commented silence is not generally prohibition. If someone applies, staff attempts to determine where it fits in the code. Many of the land use classifications are very broad; for example a collective garden could be considered gardening. He did not recommend the Council do nothing. He agreed with referring it to multiple committees because land use will have a relatively minor role and there are other issues such as licensing, enforcement, etc. He suggested not referring to the Planning Board until the Council has had more discussion regarding what path they want to follow. Councilmember Peterson asked if restaurants would be allowed to use cannabis as an ingredient. Mr. Taraday answered he did not think so because no public consumption of marijuana was allowed even under I-502. Councilmember Peterson recalled I-502 did not allow public smoking but was unsure if there was no public consumption. Mr. Taraday recalled there no distinction between smoking and consumption; he offered to research. Councilmember Peterson asked whether there was a 1,000 foot restriction from schools, churches, etc. for breweries, distilleries, liquor stores and other licensed operations or were they only allowed in commercial areas. Mr. Chave answered there are similar distance separation requirements for adult entertainment; by the time they are applied throughout the City there are a very limited number of sites available. The City’s GIS person is attempting to map potential sites under the limitations of I-502. He anticipated the potential locations would be fairly limited. Councilmember Peterson suggested that information be given to the committees for review. He asked if the State was utilizing GIS in allocating the number of facilities per jurisdiction. Mr. Taraday answered he believed the State was allocating facilities based on population not GIS. Councilmember Peterson observed the State could allocate Edmonds 15 facilities and there could only be 3 available sites. Mr. Taraday agreed that was possible. Councilmember Yamamoto asked whether Council action was necessary to extend the moratorium. Mr. Taraday answered the moratorium will remain in effect for 6 months from the date of adoption, February 2014. The Council has time to give this careful consideration. Depending on how the Council wants to proceed, it would be helpful to know sooner rather than later so staff can plan accordingly. Mayor Pro Tem Petso advised this was on tonight’s agenda as a discussion item prior to the public hearing to inform the public. However, it appeared Mr. Taraday was asking for Council direction. Councilmember Peterson favored following the rules and regulations in I-502 with regard to zoning and siting. He also suggested obtaining information from other cities who have allowed collective gardens such as Mukilteo. Washington is on the leading edge of an important change in attitudes toward marijuana, both medical and recreational and it is important to have as much information as possible. Council President Pro Tem Fraley-Monillas agreed with Councilmember Peterson. Mayor Pro Tem Petso suggested scheduling this for October committee meetings. She asked Mr. Taraday whether he had sufficient direction from Council. Mr. Taraday answered there was time for discussion by Council committees. The Liquor Control Board plans to adopt the rules on October 16. The rules will be in fairly final form by the October committee meetings. A public hearing on the draft rules is scheduled on October 9. Packet Page 198 of 355 Edmonds City Council Approved Minutes September 3, 2013 Page 13 Councilmember Johnson agreed that would be a prudent course. She also suggested committees be provided the GIS information that identifies potential locations. Councilmember Peterson suggested further discussion could occur at the Council’s October 22 work session. 8. PUBLIC HEARING ON ORDINANCE NO. 3938 – RELATING TO COLLECTIVE GARDENS AND THE RECREATIONAL USES OF MARIJUANA, ESTABLISHING AN IMMEDIATE EMERGENCY MORATORIUM ON THE SITING, ESTABLISHMENT AND OPERATION OF ANY STRUCTURES OR USES RELATING TO COLLECTIVE GARDENS, MARIJUANA PRODUCTION, MARIJUANA PROCESSING, OR MARIJUANA RETAILING, TO BE IN EFFECT UNTIL THE CITY OF EDMONDS ADOPTS ZONING REGULATIONS ADDRESSING SUCH MARIJUANA USES, AND ESTABLISHING AN IMMEDIATE EMERGENCY MORATORIUM ON THE SUBMISSION OF ANY BUSINESS LICENSE APPLICATIONS FOR SUCH USES, SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE MORATORIUM, TO ALLOW THE WASHINGTON STATE LIQUOR CONTROL BOARD AN OPPORTUNITY TO COMPLETE ITS RULE MAKING FOR THE LICENSING OF SUCH USES AND TO ALLOW THE CITY TO STUDY THE SECONDARY LAND USE IMPACTS OF SUCH USES, ESTABLISHING THE DATE OF THE PUBLIC HEARING ON THE MORATORIUM AND DECLARING AN EMERGENCY. City Attorney Jeff Taraday advised this is a statutorily required public hearing; anytime the Council adopts a moratorium a public hearing is required within 60 days of adoption. Mayor Pro Tem Petso opened the public participation portion of the public hearing. There were no members of the audience present who wished to provide testimony. Mayor Pro Tem Petso closed the public participation portion of the public hearing. Mr. Taraday advised he would prepare a resolution using the whereas statements from the ordinance as the Findings of Fact for Council consideration at the September 10 meeting. Councilmember Peterson recalled he voted against the moratorium. Although he likely still would have voted against it, he would have felt more comfortable if the previous item had been scheduled on the agenda along with the moratorium. 9. RECONSIDERATION OF THE MAYOR’S VETO OF ORDINANCE NO. 3940 – REPEALING INTERIM ORDINANCE NO. 3935, WHICH AMENDED THE CRITICAL AREAS ORDINANCE, SPECIFICALLY SECTIONS ECDC 23.40.220, 23.40.320, 23.50.020, 23.50.040, AND 23.90.040, TO ALLOW DEVELOPMENT WITHIN LEGALLY ESTABLISHED IMPERVIOUS AREAS AND WITHIN BUFFER AREAS THAT ARE PHYSICALLY SEPARATED AND FUNCTIONALLY ISOLATED FROM AN ASSOCIATED CRITICAL AREA. Mayor Pro Tem Petso explained this reconsideration is required by State law. Councilmember Bloom asked if this was being done because the Mayor has the option to either veto an ordinance or sign and pass it. City Attorney Jeff Taraday answered yes; or a Mayor could do nothing in which case it becomes law. Councilmember Bloom referred to the last sentence of the RCW that states if the Mayor fails for 10 days to either approve or veto an ordinance, it shall become valid without his or her approval. Ordinances shall be signed by the mayor and attested by the clerk. She asked what happened if the Mayor did not veto or sign an ordinance. Mr. Taraday explained if the Mayor does not veto or sign an ordinance it becomes valid without his/her approval. Councilmember Bloom asked whether it became effective within 10 days. Mr. Taraday answered the effective date depends on what is stated in the ordinance. Councilmember Bloom observed the effective date could be as stated in the ordinance; Packet Page 199 of 355 Edmonds City Council Approved Minutes August 20, 2013 Page 9 court salary has not changed since 2008. In 2013 the State Salary Commission approved a 2% increase in 2013 and a 3% increase in 2014 for district court judges. In order for the City to be eligible to continue to receive the funds, approximately $12,000 - $13,000/year, his salary must be raised by the same amount. The annual cost is described in the agenda memo. City Attorney Jeff Taraday explained the Citizens Salary Commission sets the compensation for all elected officials including the judge. While the Commission established the salary for the Council and Mayor, they did defer the judge’s salary to the Council. The Commission meets in the spring of every even numbered year; they can address the 2014 increase at that time. He suggested when the Commission meets, they are asked to tie the judge’s salary to this formula. Human Resources Reporting Director Carrie Hite explained she was the staff liaison to the Citizens Commission on Compensation for Elected Officials in 2012. She referred to the May 1, 2012 Council minutes in which the Commission deferred the judge’s salary to the 95% of the district court judge and that any changes in the state salary rate be reflected in the judge’s compensation for 2013 and 2014. Mr. Taraday explained that means the Council does not need to take any action; it will happen automatically. He cited RCW 35.21.015 which states any change in salary shall be filed by the Commission with the City Clerk and shall become effective and incorporated into the city or town budget without further action of the city council or salary commission. He summarized in accordance with the RCW, it would be improper for the Council to take action on the judge’s salary. 7A. PROPOSED ORDINANCE ADOPTING A MORATORIUM ON MARIJUANA DISPENSARIES Mayor Earling read the title of the ordinance: An ordinance of the City of Edmonds, Washington, relating to collective gardens and the recreational use of marijuana, establishing an immediate emergency moratorium on the siting, establishment and operation of any structures or uses relating to collective gardens, marijuana production, marijuana processing, or marijuana retailing, to be in effect until the City of Edmonds adopts zoning regulations addressing such marijuana uses, and establishing an immediate emergency moratorium on the submission of any business license applications for such uses, setting six months as the effective period of the moratorium, to allow the Washington State Liquor Control Board an opportunity to complete its rulemaking for the licensing of such uses and to allow the City to study the secondary land use impacts of such uses, establishing the date of the public hearing on the moratorium and declaring an emergency. Mayor Earling explained he asked the City Attorney to prepare the ordinance. With the passage of I-502, there is a series of new regulations. With the recent news that the Liquor Control Board extended 90 days for additional rulemaking consideration, it was appropriate for the City to take this action immediately. Councilmember Buckshnis agreed this was appropriate, noting the State of Washington needs time and the City needs time. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO ADOPT ORDINANCE NO. 3938, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RELATING TO COLLECTIVE GARDENS AND THE RECREATIONAL USE OF MARIJUANA, ESTABLISHING AN IMMEDIATE EMERGENCY MORATORIUM ON THE SITING, ESTABLISHMENT AND OPERATION OF ANY STRUCTURES OR USES RELATING TO COLLECTIVE GARDENS, MARIJUANA PRODUCTION, MARIJUANA PROCESSING, OR MARIJUANA RETAILING, TO BE IN EFFECT UNTIL THE CITY OF EDMONDS ADOPTS ZONING REGULATIONS ADDRESSING SUCH MARIJUANA USES, AND ESTABLISHING AN IMMEDIATE EMERGENCY MORATORIUM ON THE SUBMISSION OF ANY BUSINESS LICENSE APPLICATIONS FOR SUCH USES, SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE MORATORIUM, TO ALLOW THE WASHINGTON STATE LIQUOR CONTROL BOARD AN OPPORTUNITY TO COMPLETE ITS RULEMAKING FOR THE LICENSING OF SUCH USES AND TO ALLOW THE CITY TO STUDY THE SECONDARY Packet Page 200 of 355 Edmonds City Council Approved Minutes August 20, 2013 Page 10 LAND USE IMPACTS OF SUCH USES, ESTABLISHING THE DATE OF THE PUBLIC HEARING ON THE MORATORIUM AND DECLARING AN EMERGENCY. Councilmember Buckshnis commented everyone will be looking at how Washington State handles this law. She personally preferred to “tax the heck out of it” to generate additional revenue. The State and the City need time to do things thoughtful because it has the potential to change the face of Edmonds. Councilmember Peterson did not support an emergency moratorium without notice to the public even though he understood the reasoning. If the ordinance passes, he hoped a public hearing would be scheduled as soon as possible. He viewed this as an opportunity to recruit businesses and move forward in a very progressive way as the State has. Councilmember Fraley-Monillas asked whether the ordinance include an automatic repeal of the moratorium after six months. City Attorney Jeff Taraday explained the ordinance has a provision that requires the Council to take action to terminate the moratorium. He read Section 5 of the ordinance, “Duration of Moratorium. The moratorium imposed by this Ordinance shall commence on the date of the adoption of this Ordinance. As long as the City holds a public hearing on the moratorium and adopts findings and conclusions in support of the moratorium (as contemplated by Section 6 herein), the moratorium shall not terminate until six (6) months after the date of adoption, or at the time all of the events described in Section 3 have been accomplished, whichever is sooner. The Council shall make the decision to terminate the moratorium by ordinance, and termination shall not otherwise be presumed to have occurred.” Mr. Taraday clarified as the ordinance is currently drafted, the Council would need to take subsequent action to terminate the moratorium but that sentence could be revised if the Council wished. If the Council wanted a permanent ban on marijuana facilities as some cities have done, he recommended that not be done by simply leaving the moratorium in place, but rather by adopting a permanent ban. Councilmember Bloom asked whether a public hearing was required. Mr. Taraday answered if the moratorium is adopted, a public hearing is required within 60 days of adoption. Council President Petso advised the date of the public hearing was unknown at this point, possibly September 3, 2013. Council President Petso asked whether the moratorium could be repealed following the public hearing if the Council chose. Mr. Taraday answered this is not an interim ordinance but a moratorium; the City is not required to leave the moratorium in place for six months. Like any ordinance, it can be repealed. MOTION CARRIED (5-2), COUNCILMEMBERS PETERSON AND FRALEY-MONILLAS VOTING NO. 8. AUTHORIZATION FOR THE MAYOR TO SIGN A GRANT ACCEPTANCE INTENT NOTICE AND GRANT AGREEMENT WITH THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY FOR A MUNICIPAL STORMWATER CAPACITY GRANT FOR $50,000 AND A PROJECT SPECIFIC PLANNING AND DESIGN OF RETROFIT/LID PROJECT GRANT UP TO $120,000 Stormwater Engineering Program Manager Jerry Shuster reviewed grants the City has received in the past (agenda items shown in italics): Period Type Amount 2007-2009 Municipal Stormwater Capacity Grant $75,000 2010-2012 Municipal Stormwater Capacity Grant and Stormwater Retrofit or LID Planning & Design $178,115 2012-2015 Statewide Stormwater Grant Program – Vactor Waste Facility Retrofit $259,745 2013-2014 Watershed Protection and Restoration Grant – Perrinville Creek Stormwater Flow Reduction Study and Pre-Design Report $188,772 Packet Page 201 of 355 Public Safety & Personnel Committee October 8, 2013 Page 1 of 2 MINUTES PUBLIC SAFETY AND PERSONNEL COMMITTEE MEETING OCTOBER 8, 2013 Elected Officials Present: Councilmember Bloom Councilmember Peterson City Staff Present: Mary Ann Hardie, Human Resources Manager Jeff Taraday, City Attorney Al Compaan, Chief of Police The meeting was called to order at 8:00 p.m. A. AWC Interlocal Agreement and Resolution for participation in AWC’s new self-funded insurance programs. Mary Ann Hardie, Human Resources Manager, presented this item. Action: Committee agreed to forward to consent agenda. B. Discussion: Edmonds City Code Chapter 2.10 Revisions. Action: Committee agreed to include in the Chapter 2.10 revisions for discussion of full council the following: (1) Reference to the RCWs that allow for discussion of qualifications of director candidate(s) in executive session prior to Council confirmation of Mayor's appointment. (2) Council can reduce number of candidates they interview to less than three only by a super- majority vote. C. Continued discussion regarding Code of Conduct. Committee edited the draft, removing duplications and for language consistency. At City Attorney's request, the draft version of the Code of Conduct will be forwarded to the city's judge, an elected official, for his input as to whether the elected position of judge should be included in the Code of Conduct. Action: Recommend scheduling this item on future Council agenda for finalizing the draft and referral back to City Attorney. D. Discussion regarding Council attendance via speaker phone. The committee decided to use the Spokane policy as a framework and to discuss in full Council the following: Packet Page 202 of 355 Public Safety & Personnel Committee October 8, 2013 Page 2 of 2 (1) Definition of extraordinary circumstances such as: travel complications Medical/family emergencies. (2) Whether or not we should allow call ins to items associated with public hearings. (3) Confirm call in to quasi-judicial hearings not allowed. Action: Forward for full Council discussion to finalize policy. E. Discussion regarding the establishment and operation of any structures or uses relating to collective gardens, marijuana production, marijuana processing, or marijuana retailing in the City of Edmonds. Chief Al Compaan participated in this discussion. He reported that the Legislature will deal with medical marijuana in this session. Council to address under 502: - collective gardens- deal with re: medical marijuana statutes - marijuana retail - production of marijuana- Edmonds is probably not conducive to production facilities secondary to space required. Currently the state does not have a licensing requirement. They have stated that by 2015 retail establishments must be licensed. Retail establishments must be stand alone. Action: Forward to full Council for a Policy discussion to include: - discussion of Federal guidelines - discussion of buffers issue- council may choose to be more restrictive. Packet Page 203 of 355 M I N U T E S Public Works, Parks and Planning Committee Meeting October 8, 2013 Elected Officials Present: Staff Present: Council Member Kristiana Johnson Phil Williams, Public Works Director Council Member Lora Petso Rob English, City Engineer Renee McRae, Recreation Manager Rob Chave, Acting Development Services Director The committee convened at 8:00 p.m. A. Authorization for Mayor to sign addendum to the A/E PSA for City Park. Ms. Hite (via phone) provided a summary of the scope of work and responded to questions from the committee. ACTION: Moved to consent agenda for approval. B. Authorization for Mayor to sign Interagency Agreement (IAA) with the Department of Ecology for Funding the Regional Stormwater Monitoring Program. Mr. English reviewed the scope of stormwater services and the City’s cost to complete the work each year. The cost will be paid by the City’s stormwater utility fund. ACTION: Moved to consent agenda for approval. C. Interlocal Agreement with the City of Mountlake Terrace to replace and maintain approximately 400 linear feet of 8” sewerline and 400 feet waterline and associated appurtenances within Mountlake Terrace City limits. Mr. English outlined where the jurisdiction boundaries are on 228th St. east of 74th Ave adjacent to the City of Mountlake Terrace. The Interlocal agreement will cover a waterline and sewer replacement project that is needed to repair existing sewer conveyance problems on 228th St. The committee requested a copy of the final version of the ILA when it is placed on the consent agenda for approval. ACTION: Moved to consent agenda for approval at a future Council meeting. D. Authorization for Mayor to sign Supplemental Agreement #3 with Perteet for additional design work for the 228th St. SW Corridor Improvement Project. Mr. English provided a summary of the scope of work to modify the design of the stormwater detention vault for the 228th St Corridor project. The committee requested a copy of the final version of the Supplement when it is placed on the consent agenda for approval. ACTION: Moved to consent agenda for approval at a future Council meeting. Packet Page 204 of 355 Parks, Planning and Public Works Committee Minutes October 8, 2013 Page 2 2 E. Quarterly Public Works Project Report Mr. English highlighted several on-going projects from the 3rd quarter report. The committee asked questions about several projects on the report. ACTION: Moved to consent agenda for Council information. F. Review of Street Tree Management Policy Mr. Williams presented a draft of the revised street tree management policy to the Committee and answered questions about the existing policy. ACTION: Moved to consent agenda and recommend draft policy be presented to the City’s Tree Board. G. Presentation and discussion of utility rate adjustments. Mr. Williams reviewed staff’s recommendation for a three-year proposed utility rate adjustment for the water, sewer and stormwater funds. He highlighted the savings to rate payers, if the City can eliminate debt financing of the capital improvement program. ACTION: Schedule a presentation and a public hearing for the full City Council. H. Backflow prevention compliance fee authorization discussion. Mr. Williams recommended a $125 compliance fee for the annual testing of backflow prevention devices. ACTION: Add fee to the proposed permit fees in the 2014 Budget. I. Discussion regarding the establishment and operation of any structures or uses relating to collective gardens, marijuana production, marijuana processing, or marijuana retailing in the City of Edmonds. Rob Chave introduced the discussion, reviewing the map that illustrated potential buffers established by the Liquor Control Board's current rules, which are moving toward becoming final. Although many areas of the city are covered by buffers, some of the neighborhood commercial areas (Five Corners, Perrinville, Westgate) are not within a buffer. Highway 99 contains some areas that are potential sites for retail outlets. Under the LCB's rules, Edmonds is potentially slated for two retail stores. The Committee discussed options, and felt that the CG and CG2 zones along Highway 99 made the most sense as zones to allow production, processing and retail businesses. J. Continued discussion on developing a decision tree for Harbor Square deliberations. Item not discussed. The meeting adjourned at 9:54 p.m. Packet Page 205 of 355 Packet Page 206 of 355 Packet Page 207 of 355 Packet Page 208 of 355 Packet Page 209 of 355 Packet Page 210 of 355 Packet Page 211 of 355 Packet Page 212 of 355 Chapter 314-55 WAC MARIJUANA LICENSES, APPLICATION PROCESS, REQUIREMENTS, AND REPORTING NEW SECTION WAC 314-55-005 What is the purpose of this chapter? The purpose of this chapter is to outline the application process, qualifications and requirements to obtain and maintain a marijuana license and the reporting requirements for a marijuana licensee. NEW SECTION WAC 314-55-010 Definitions. Following are definitions for the purpose of this chapter. Other definitions are in RCW 69.50.101. (1) "Applicant" or "marijuana license applicant" means any person or business entity who is considered by the board as a true party of interest in a marijuana license, as outlined in WAC 314-55-035. (2) "Batch" means a quantity of marijuana-infused product con- taining material from one or more lots of marijuana. (3) "Business name" or "trade name" means the name of a licensed business as used by the licensee on signs and advertising. (4) "Child care center" means an entity that regularly provides child day care and early learning services for a group of children for periods of less than twenty-four hours licensed by the Washington state department of early learning under chapter 170-295 WAC. (5) "Elementary school" means a school for early education that provides the first four to eight years of basic education and recog- nized by the Washington state superintendent of public instruction. (6) "Financier" means any person or entity, other than a banking institution, that has made or will make an investment in the licensed business. A financier can be a person or entity that provides money as a gift, loans money to the applicant/business and expects to be paid back the amount of the loan with or without interest, or expects any percentage of the profits from the business in exchange for a loan or expertise. (7) "Game arcade" means an entertainment venue featuring primari- ly video games, simulators, and/or other amusement devices where per- sons under twenty-one years of age are not restricted. (8) "Library" means an organized collection of resources made ac- cessible to the public for reference or borrowing supported with money derived from taxation. (9) "Licensee" or "marijuana licensee" means any person or entity that holds a marijuana license, or any person or entity who is a true party of interest in a marijuana license, as outlined in WAC 314-55-035. (10) "Lot" means either of the following: (a) The flowers from one or more marijuana plants of the same strain. A single lot of flowers cannot weigh more than five pounds; or [ 1 ]OTS-5501.4 Packet Page 213 of 355 (b) The trim, leaves, or other plant matter from one or more mar- ijuana plants. A single lot of trim, leaves, or other plant matter cannot weigh more than fifteen pounds. (11) "Marijuana strain" means a pure breed or hybrid variety of Cannabis reflecting similar or identical combinations of properties such as appearance, taste, color, smell, cannabinoid profile, and po- tency. (12) "Member" means a principal or governing person of a given entity, including but not limited to: LLC member/manager, president, vice-president, secretary, treasurer, CEO, director, stockholder, partner, general partner, limited partner. This includes all spouses of all principals or governing persons named in this definition and referenced in WAC 314-55-035. (13) "Pesticide" means, but is not limited to: (a) Any substance or mixture of substances intended to prevent, destroy, control, repel, or mitigate any insect, rodent, snail, slug, fungus, weed, and any other form of plant or animal life or virus, except virus on or in a living person or other animal which is normally considered to be a pest; (b) any substance or mixture of substances intended to be used as a plant regulator, defoliant, or desiccant; and (c) any spray adju- vant. Pesticides include substances commonly referred to as herbi- cides, fungicides, and insecticides. (14) "Perimeter" means a property line that encloses an area. (15) "Plant canopy" means the square footage dedicated to live plant production, such as maintaining mother plants, propagating plants from seed to plant tissue, clones, vegetative or flowering area. Plant canopy does not include areas such as space used for the storage of fertilizers, pesticides, or other products, quarantine, of- fice space, etc. (16) "Playground" means a public outdoor recreation area for children, usually equipped with swings, slides, and other playground equipment, owned and/or managed by a city, county, state, or federal government. (17) "Public park" means an area of land for the enjoyment of the public, having facilities for rest and/or recreation, such as a base- ball diamond or basketball court, owned and/or managed by a city, county, state, federal government, or metropolitan park district. Pub- lic park does not include trails. (18) "Public transit center" means a facility located outside of the public right of way that is owned and managed by a transit agency or city, county, state, or federal government for the express purpose of staging people and vehicles where several bus or other transit routes converge. They serve as efficient hubs to allow bus riders from various locations to assemble at a central point to take advantage of express trips or other route to route transfers. (19) "Recreation center or facility" means a supervised center that provides a broad range of activities and events intended primari- ly for use by persons under twenty-one years of age, owned and/or man- aged by a charitable nonprofit organization, city, county, state, or federal government. (20) "Residence" means a person's address where he or she physi- cally resides and maintains his or her abode. (21) "Secondary school" means a high and/or middle school: A school for students who have completed their primary education, usual- ly attended by children in grades seven to twelve and recognized by the Washington state superintendent of public instruction. [ 2 ]OTS-5501.4 Packet Page 214 of 355 (22) "Unit" means an individually packaged marijuana-infused sol- id or liquid product meant to be eaten or swallowed, not to exceed ten servings or one hundred milligrams of active tetrahydrocannabinol (THC), or Delta 9. NEW SECTION WAC 314-55-015 General information about marijuana licenses. (1) A person or entity must meet certain qualifications to receive a mari- juana license, which are continuing qualifications in order to main- tain the license. (2) All applicants and employees working in each licensed estab- lishment must be at least twenty-one years of age. (3) Minors restricted signs must be posted at all marijuana li- censed premises. (4) A marijuana license applicant may not exercise any of the privileges of a marijuana license until the board approves the license application. (5) The board will not approve any marijuana license for a loca- tion where law enforcement access, without notice or cause, is limi- ted. This includes a personal residence. (6) The board will not approve any marijuana license for a loca- tion on federal lands. (7) The board will not approve any marijuana retailer license for a location within another business. More than one license could be lo- cated in the same building if each licensee has their own area separa- ted by full walls with their own entrance. Product may not be commin- gled. (8) Every marijuana licensee must post and keep posted its li- cense, or licenses, and any additional correspondence containing con- ditions and restrictions imposed by the board in a conspicuous place on the premises. (9) In approving a marijuana license, the board reserves the right to impose special conditions as to the involvement in the opera- tions of the licensed business of any former licensees, their former employees, or any person who does not qualify for a marijuana license. (10) A marijuana processor or retailer licensed by the board shall conduct the processing, storage, and sale of marijuana-infused products using sanitary practices and ensure facilities are construc- ted, kept, and maintained in a clean and sanitary condition in accord- ance with rules and as prescribed by the Washington state department of agriculture under chapters 16-165 and 16-167 WAC. (11) Marijuana licensees may not allow the consumption of mari- juana or marijuana-infused products on the licensed premises. NEW SECTION WAC 314-55-020 Marijuana license qualifications and application process. Each marijuana license application is unique and investigated individually. The board may inquire and request documents regarding all matters in connection with the marijuana license application. The [ 3 ]OTS-5501.4 Packet Page 215 of 355 application requirements for a marijuana license include, but are not necessarily limited to, the following: (1) Per RCW 69.50.331, the board shall send a notice to cities and counties, and may send a notice to tribal governments or port au- thorities regarding the marijuana license application. The local au- thority has twenty days to respond with a recommendation to approve or an objection to the applicant, location, or both. (2) The board will verify that the proposed business meets the minimum requirements for the type of marijuana license requested. (3) The board will conduct an investigation of the applicants' criminal history and administrative violation history, per WAC 314-55-040 and 314-55-045. (a) The criminal history background check will consist of comple- tion of a personal/criminal history form provided by the board and submission of fingerprints to a vendor approved by the board. The ap- plicant will be responsible for paying all fees required by the vendor for fingerprinting. These fingerprints will be submitted to the Wash- ington state patrol and the Federal Bureau of Investigation for com- parison to their criminal records. The applicant will be responsible for paying all fees required by the Washington state patrol and the Federal Bureau of Investigation. (b) Financiers will also be subject to criminal history investi- gations equivalent to that of the license applicant. Financiers will also be responsible for paying all fees required for the criminal his- tory check. Financiers must meet the three month residency require- ment. (4) The board will conduct a financial investigation in order to verify the source of funds used for the acquisition and startup of the business, the applicants' right to the real and personal property, and to verify the true party(ies) of interest. (5) The board may require a demonstration by the applicant that they are familiar with marijuana laws and rules. (6) The board may conduct a final inspection of the proposed li- censed business, in order to determine if the applicant has complied with all the requirements of the license requested. (7) Per RCW 69.50.331 (1)(b), all applicants applying for a mari- juana license must have resided in the state of Washington for at least three months prior to application for a marijuana license. All partnerships, employee cooperatives, associations, nonprofit corpora- tions, corporations and limited liability companies applying for a marijuana license must be formed in Washington. All members must also meet the three month residency requirement. Managers or agents who manage a licensee's place of business must also meet the three month residency requirement. (8) Submission of an operating plan that demonstrates the appli- cant is qualified to hold the marijuana license applied for to the satisfaction of the board. The operating plan shall include the fol- lowing elements in accordance with the applicable standards in the Washington Administrative Code (WAC). (9) As part of the application process, each applicant must sub- mit in a format supplied by the board an operating plan detailing the following as it pertains to the license type being sought. This oper- ating plan must also include a floor plan or site plan drawn to scale which illustrates the entire operation being proposed. The operating plan must include the following information: [ 4 ]OTS-5501.4 Packet Page 216 of 355 Producer Processor Retailer Security Security Security Traceability Traceability Traceability Employee qualifications and training Employee qualifications and training Employee qualifications and training Transportation of product includingpackaging of product for transportation Transportation of product Destruction of waste product Destruction of waste product Destruction of waste product Description of growing operationincluding growing media, size of growspace allocated for plant production,space allocated for any other businessactivity, description of all equipmentused in the production process, and alist of soil amendments, fertilizers,other crop production aids, orpesticides, utilized in the productionprocess Description of the types of products tobe processed at this location togetherwith a complete description of allequipment and solvents, gases,chemicals and other compounds usedto create extracts and for processing ofmarijuana-infused products Testing procedures and protocols Testing procedures and protocols Description of the types of products tobe processed at this location togetherwith a complete description ofprocessing of marijuana-infusedproducts Description of packaging and labelingof products to be processed What array of products are to be soldand how are the products to bedisplayed to consumers After obtaining a license, the license holder must notify the board in advance of any substantial change in their operating plan. Depending on the degree of change, prior approval may be required be- fore the change is implemented. (10) Applicants applying for a marijuana license must be current in any tax obligations to the Washington state department of revenue, as an individual or as part of any entity in which they have an owner- ship interest. Applicants must sign an attestation that, under penalty of denial or loss of licensure, that representation is correct. (11) The issuance or approval of a license shall not be construed as a license for, or an approval of, any violations of local rules or ordinances including, but not limited to: Building and fire codes, zoning ordinances, and business licensing requirements. (12) Upon failure to respond to the board licensing and regula- tion division's requests for information within the timeline provided, the application may be administratively closed or denial of the appli- cation will be sought. NEW SECTION WAC 314-55-035 What persons or entities have to qualify for a marijuana license? A marijuana license must be issued in the name(s) of the true party(ies) of interest. (1) True parties of interest - For purposes of this title, "true party of interest" means: [ 5 ]OTS-5501.4 Packet Page 217 of 355 True party of interest Persons to be qualified Sole proprietorship Sole proprietor and spouse. General partnership All partners and spouses. Limited partnership,limited liabilitypartnership, or limitedliability limitedpartnership • • All general partners andtheir spouses. All limited partners andspouses. Limited liabilitycompany • All members and theirspouses. • All managers and theirspouses. Privately heldcorporation • All corporate officers(or persons withequivalent title) andtheir spouses. • All stockholders andtheir spouses. Publicly heldcorporation All corporate officers (orpersons with equivalent title)and their spouses. All stockholders and theirspouses. Multilevel ownershipstructures All persons and entities thatmake up the ownershipstructure (and their spouses). Any entity or person(inclusive of financiers)that are expecting apercentage of the profitsin exchange for amonetary loan orexpertise. Any entity or person who isin receipt of, or has the rightto receive, a percentage ofthe gross or net profit fromthe licensed business duringany full or partial calendar orfiscal year. Any entity or person whoexercises control over thelicensed business inexchange for money orexpertise. For the purposes of thischapter: • "Gross profit" includesthe entire gross receiptsfrom all sales andservices made in, upon,or from the licensedbusiness. • "Net profit" meansgross sales minus costof goods sold. Nonprofit corporations All individuals and spouses,and entities havingmembership rights inaccordance with theprovisions of the articles ofincorporation or the bylaws. (2) For purposes of this section, "true party of interest" does not mean: (a) A person or entity receiving reasonable payment for rent on a fixed basis under a bona fide lease or rental obligation, unless the [ 6 ]OTS-5501.4 Packet Page 218 of 355 lessor or property manager exercises control over or participates in the management of the business. (b) A person who receives a bonus as an employee, if: The employ- ee is on a fixed wage or salary and the bonus is not more than twenty- five percent of the employee's prebonus annual compensation; or the bonus is based on a written incentive/bonus program that is not out of the ordinary for the services rendered. (c) A person or entity contracting with the applicant(s) to sell the property, unless the contract holder exercises control over or participates in the management of the licensed business. (3) Financiers - The board will conduct a financial investigation as well as a criminal background of financiers. (4) Persons who exercise control of business - The board will conduct an investigation of any person or entity who exercises any control over the applicant's business operations. This may include both a financial investigation and/or a criminal history background. NEW SECTION WAC 314-55-040 What criminal history might prevent a marijuana license applicant from receiving or keeping a marijuana license? (1) When the board processes a criminal history check on an applicant, it uses a point system to determine if the person qualifies for a li- cense. The board will not normally issue a marijuana license or renew a license to an applicant who has accumulated eight or more points as indicated below: Description Time periodduring whichpoints will beassigned Points assigned Felonyconviction Ten years 12 points Grossmisdemeanorconviction Three years 5 points Misdemeanorconviction Three years 4 points Currently underfederal or statesupervision for afelonyconviction n/a 8 points Nondisclosureof any of theabove n/a 4 points each (2) If a case is pending for an alleged offense that would earn eight or more points, the board will hold the application for the dis- position of the case. If the disposition is not settled within ninety days, the board will administratively close the application. (3) The board may not issue a marijuana license to anyone who has accumulated eight or more points as referenced above. This is a dis- cretionary threshold and it is further recommended that the following exceptions to this standard be applied: [ 7 ]OTS-5501.4 Packet Page 219 of 355 Exception to criminal history point assignment. This exception to the criminal history point assignment will expire on July 1, 2014: (a) Prior to initial license application, two federal or state misdemeanor convictions for the possession only of marijuana within the previous three years may not be applicable to the criminal history points accumulated. All criminal history must be reported on the per- sonal/criminal history form. (i) Regardless of applicability, failure to disclose full crimi- nal history will result in point accumulation; (ii) State misdemeanor possession convictions accrued after De- cember 6, 2013, exceeding the allowable amounts of marijuana, usable marijuana, and marijuana-infused products described in chapter 69.50 RCW shall count toward criminal history point accumulation. (b) Prior to initial license application, any single state or federal conviction for the growing, possession, or sale of marijuana will be considered for mitigation on an individual basis. Mitigation will be considered based on the quantity of product involved and other circumstances surrounding the conviction. (4) Once licensed, marijuana licensees must report any criminal convictions to the board within fourteen days. NEW SECTION WAC 314-55-045 What marijuana law or rule violation history might prevent an applicant from receiving a marijuana license? The board will conduct an investigation of all applicants' marijuana law or rule administrative violation history. The board will not normally issue a marijuana license to a person, or to an entity with a true party of interest, who has the following violation history; or to any person who has demonstrated a pattern of disregard for laws or rules. Violation Type (see WAC 314-55-515)Period of Consideration • Three or more publicsafety violations;• Violations issuedwithin three years ofthe date theapplication is receivedby the board'slicensing andregulation division. • Four or moreregulatory violations;or • One to four, or morelicense violations.• Violations issuedwithin the last threeyears the trueparty(ies) of interestwere licensed. NEW SECTION WAC 314-55-050 Reasons the board may seek denial, suspension, or cancellation of a marijuana license application or license. Following [ 8 ]OTS-5501.4 Packet Page 220 of 355 is a list of reasons the board may deny, suspend, or cancel a marijua- na license application or license. Per RCW 69.50.331, the board has broad discretionary authority to approve or deny a marijuana license application for reasons including, but not limited to, the following: (1) Failure to meet qualifications or requirements for the spe- cific marijuana producer, processor, or retail license, as outlined in this chapter and chapter 69.50 RCW. (2) Failure or refusal to submit information or documentation re- quested by the board during the evaluation process. (3) The applicant makes a misrepresentation of fact, or fails to disclose a material fact to the board during the application process or any subsequent investigation after a license has been issued. (4) Failure to meet the criminal history standards outlined in WAC 314-55-040. (5) Failure to meet the marijuana law or rule violation history standards outlined in WAC 314-55-045. (6) The source of funds identified by the applicant to be used for the acquisition, startup and operation of the business is ques- tionable, unverifiable, or determined by the board to be gained in a manner which is in violation by law. (7) Denies the board or its authorized representative access to any place where a licensed activity takes place or fails to produce any book, record or document required by law or board rule. (8) Has been denied or had a marijuana license or medical mari- juana license suspended or canceled in another state or local juris- diction. (9) Where the city, county, tribal government, or port authority has submitted a substantiated objection per the requirements in RCW 69.50.331 (7) and (9). (10) The board shall not issue a new marijuana license if the proposed licensed business is within one thousand feet of the perime- ter of the grounds of any of the following entities. The distance shall be measured along the most direct route over or across estab- lished public walks, streets, or other public passageway between the proposed building/business location to the perimeter of the grounds of the entities listed below: (a) Elementary or secondary school; (b) Playground; (c) Recreation center or facility; (d) Child care center; (e) Public park; (f) Public transit center; (g) Library; or (h) Any game arcade (where admission is not restricted to persons age twenty-one or older). (11) Has failed to pay taxes or fees required under chapter 69.50 RCW or failed to provide production, processing, inventory, sales and transportation reports to documentation required under this chapter. (12) Failure to submit an attestation that they are current in any tax obligations to the Washington state department of revenue. (13) Has been denied a liquor license or had a liquor license suspended or revoked in this or any other state. (14) The operating plan does not demonstrate, to the satisfaction of the board, the applicant is qualified for a license. (15) Failure to operate in accordance with the board approved op- erating plan. [ 9 ]OTS-5501.4 Packet Page 221 of 355 (16) The board determines the issuance of the license will not be in the best interest of the welfare, health, or safety of the people of the state. NEW SECTION WAC 314-55-070 Process if the board denies a marijuana license application. If the board denies a marijuana license application, the applicants may: (1) Request an administrative hearing per chapter 34.05 RCW, the Administrative Procedure Act. (2) Reapply for the license no sooner than one year from the date on the final order of denial. NEW SECTION WAC 314-55-075 What is a marijuana producer license and what are the requirements and fees related to a marijuana producer license? (1) A marijuana producer license allows the licensee to produce marijuana for sale at wholesale to marijuana processor licensees and to other marijuana producer licensees. Marijuana production must take place within a fully enclosed secure indoor facility or greenhouse with rig- id walls, a roof, and doors. Outdoor production may take place in non- rigid greenhouses, other structures, or an expanse of open or cleared ground fully enclosed by a physical barrier. To obscure public view of the premises, outdoor production must be enclosed by a sight obscure wall or fence at least eight feet high. Outdoor producers must meet security requirements described in WAC 314-55-083. (2) The application fee for a marijuana producer license is two hundred fifty dollars. The applicant is also responsible for paying the fees required by the approved vendor for fingerprint evaluation. (3) The annual fee for issuance and renewal of a marijuana pro- ducer license is one thousand dollars. The board will conduct random criminal history checks at the time of renewal that will require the licensee to submit fingerprints for evaluation from the approved ven- dor. The licensee will be responsible for all fees required for the criminal history checks. (4) The board will initially limit the opportunity to apply for a marijuana producer license to a thirty-day calendar window beginning with the effective date of this section. In order for a marijuana pro- ducer application license to be considered it must be received no lat- er than thirty days after the effective date of the rules adopted by the board. The board may reopen the marijuana producer application window after the initial evaluation of the applications received and at subsequent times when the board deems necessary. (5) Any entity and/or principals within any entity are limited to no more than three marijuana producer licenses. (6) The maximum amount of space for marijuana production is limi- ted to two million square feet. Applicants must designate on their op- erating plan the size category of the production premises and the [ 10 ]OTS-5501.4 Packet Page 222 of 355 amount of actual square footage in their premises that will be desig- nated as plant canopy. There are three categories as follows: (a) Tier 1 – Less than two thousand square feet; (b) Tier 2 – Two thousand square feet to ten thousand square feet; and (c) Tier 3 – Ten thousand square feet to thirty thousand square feet. (7) The board may reduce a licensee's or applicant's square foot- age designated to plant canopy for the following reasons: (a) If the amount of square feet of production of all licensees exceeds the maximum of two million square feet the board will reduce the allowed square footage by the same percentage. (b) If fifty percent production space used for plant canopy in the licensee's operating plan is not met by the end of the first year of operation the board may reduce the tier of licensure. (8) If the total amount of square feet of marijuana production exceeds two million square feet, the board reserves the right to re- duce all licensee's production by the same percentage or reduce licen- see production by one or more tiers by the same percentage. (9) The maximum allowed amount of marijuana on a producer's prem- ises at any time is as follows: (a) Outdoor or greenhouse grows – One and one-quarter of a year's harvest; or (b) Indoor grows – Six months of their annual harvest. NEW SECTION WAC 314-55-077 What is a marijuana processor license and what are the requirements and fees related to a marijuana processor license? (1) A marijuana processor license allows the licensee to process, package, and label usable marijuana and marijuana-infused products for sale at wholesale to marijuana retailers. (2) A marijuana processor is allowed to blend tested useable mar- ijuana from multiple lots into a single package for sale to a marijua- na retail licensee providing the label requirements for each lot used in the blend are met and the percentage by weight of each lot is also included on the label. (3) The application fee for a marijuana processor license is two hundred fifty dollars. The applicant is also responsible for paying the fees required by the approved vendor for fingerprint evaluation. (4) The annual fee for issuance and renewal of a marijuana pro- cessor license is one thousand dollars. The board will conduct random criminal history checks at the time of renewal that will require the licensee to submit fingerprints for evaluation from the approved ven- dor. The licensee will be responsible for all fees required for the criminal history checks. (5) The board will initially limit the opportunity to apply for a marijuana processor license to a thirty-day calendar window beginning with the effective date of this section. In order for a marijuana pro- cessor application license to be considered it must be received no later than thirty days after the effective date of the rules adopted by the board. The board may reopen the marijuana processor application window after the initial evaluation of the applications that are re- [ 11 ]OTS-5501.4 Packet Page 223 of 355 ceived and processed, and at subsequent times when the board deems necessary. (6) Any entity and/or principals within any entity are limited to no more than three marijuana processor licenses. (7) Marijuana processor licensees are allowed to have a maximum of six months of their average useable marijuana and six months aver- age of their total production on their licensed premises at any time. NEW SECTION WAC 314-55-079 What is a marijuana retailer license and what are the requirements and fees related to a marijuana retailer license? (1) A marijuana retailer license allows the licensee to sell only usable marijuana, marijuana-infused products, and marijuana paraphernalia at retail in retail outlets to persons twenty-one years of age and older. (2) Marijuana extracts, such as hash, hash oil, shatter, and wax can be infused in products sold in a marijuana retail store, but RCW 69.50.354 does not allow the sale of extracts that are not infused in products. A marijuana extract does not meet the definition of a mari- juana-infused product per RCW 69.50.101. (3) Internet sales and delivery of product is prohibited. (4) The application fee for a marijuana retailer's license is two hundred fifty dollars. The applicant is also responsible for paying the fees required by the approved vendor for fingerprint evaluation. (5) The annual fee for issuance and renewal of a marijuana re- tailer's license is one thousand dollars. The board will conduct ran- dom criminal history checks at the time of renewal that will require the licensee to submit fingerprints for evaluation from the approved vendor. The licensee will be responsible for all fees required for the criminal history checks. (6) Marijuana retailers may not sell marijuana products below their acquisition cost. (7) Marijuana retailer licensees are allowed to have a maximum of four months of their average inventory on their licensed premises at any given time. NEW SECTION WAC 314-55-081 Who can apply for a marijuana retailer license? (1) Using estimated consumption data and population data obtained from the office of financial management (OFM) population data, the liquor control board will determine the maximum number of marijuana retail locations per county. The number of retail locations will be determined using a method that distributes the number of locations proportionate to the most populous cities within each county. Locations not assigned to a spe- cific city will be at large. At large locations can be used for unin- corporated areas in the county or in cities within the county that have no retail licenses designated. Once the number of locations per city and at large have been identified, the eligible applicants will be selected by lottery in the event the number of applications exceeds [ 12 ]OTS-5501.4 Packet Page 224 of 355 the allotted amount for the cities and county. Any lottery conducted by the board will be witnessed by an independent third party. (2) The number of marijuana retail licenses determined by the board can be found on the liquor control board web site at www.liq.wa.gov. (3) Any entity and/or principals within any entity are limited to no more than three retail marijuana licenses with no multiple location licensee allowed more than thirty-three percent of the allowed licen- ses in any county or city. (4) The board will initially limit the opportunity to apply for a marijuana retailer license to a thirty-day calendar window beginning with the effective date of this section. In order for a marijuana re- tailer license application to be considered it must be received no later than thirty days after the effective date of the rules adopted by the board. The board may reopen the marijuana retailer application window after the initial evaluation of the applications received and at subsequent times when the board deems necessary. NEW SECTION WAC 314-55-082 Insurance requirements. Marijuana licensees shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the consumer should there be any claims, suits, actions, costs, damages or expenses arising from any negligent or intentional act or omission of the marijuana licensees. Marijuana licensees shall furnish evidence in the form of a certifi- cate of insurance satisfactory to the board that insurance, in the following kinds and minimum amounts, has been secured. Failure to pro- vide proof of insurance, as required, may result in license cancella- tion. (1) Commercial general liability insurance: The licensee shall at all times carry and maintain commercial general liability insurance and if necessary, commercial umbrella insurance for bodily injury and property damage arising out of licensed activities. This insurance shall cover such claims as may be caused by any act, omission, or neg- ligence of the licensee or its officers, agents, representatives, as- signs, or servants. The insurance shall also cover bodily injury, in- cluding disease, illness and death, and property damage arising out of the licensee's premises/operations, products, and personal injury. The limits of liability insurance shall not be less than one million dol- lars. (2) Insurance carrier rating: The insurance required in subsec- tion (1) of this section shall be issued by an insurance company au- thorized to do business within the state of Washington. Insurance is to be placed with a carrier that has a rating of A - Class VII or bet- ter in the most recently published edition of Best's Reports. If an insurer is not admitted, all insurance policies and procedures for is- suing the insurance policies must comply with chapters 48.15 RCW and 284-15 WAC. (3) Additional insured. The board shall be named as an additional insured on all general liability, umbrella, and excess insurance poli- cies. All policies shall be primary over any other valid and collecta- ble insurance. [ 13 ]OTS-5501.4 Packet Page 225 of 355 NEW SECTION WAC 314-55-083 What are the security requirements for a marijuana licensee? The security requirements for a marijuana licensee are as follows: (1) Display of identification badge. All employees on the li- censed premises shall be required to hold and properly display an identification badge issued by the licensed employer at all times while on the licensed premises. (2) Alarm systems. At a minimum, each licensed premises must have a security alarm system on all perimeter entry points and perimeter windows. Motion detectors, pressure switches, duress, panic, and hold- up alarms may also be utilized. (3) Surveillance system. At a minimum, a complete video surveil- lance with minimum camera resolution of 640x470 pixel and must be in- ternet protocol (IP) compatible and recording system for controlled areas within the licensed premises and entire perimeter fencing and gates enclosing an outdoor grow operation, to ensure control of the area. The requirements include image acquisition, video recording, management and monitoring hardware and support systems. All recorded images must clearly and accurately display the time and date. Time is to be measured in accordance with the U.S. National Institute Stand- ards and Technology standards. (a) All controlled access areas, security rooms/areas and all points of ingress/egress to limited access areas, all points of in- gress/egress to the exterior of the licensed premises, and all point- of-sale (POS) areas must have fixed camera coverage capable of identi- fying activity occurring within a minimum of twenty feet of all entry and exit points. (b) Camera placement shall allow for the clear and certain iden- tification of any individual on the licensed premises. (c) All entrances and exits to the facility shall be recorded from both indoor and outdoor vantage points, and capable of clearly identifying any activities occurring within the facility or within the grow rooms in low light conditions. The surveillance system storage device must be secured on-site in a lock box, cabinet, closet, or se- cured in another manner to protect from employee tampering or criminal theft. (d) All perimeter fencing and gates enclosing an outdoor grow op- eration must have full video surveillance capable of clearly identify- ing any activities occurring within twenty feet of the exterior of the perimeter. Any gate or other entry point that is part of the enclosure for an outdoor growing operation must have fixed camera coverage capa- ble of identifying activity occurring within a minimum of twenty feet of the exterior, twenty-four hours a day. A motion detection lighting system may be employed to illuminate the gate area in low light condi- tions. (e) Areas where marijuana is grown, cured or manufactured includ- ing destroying waste, shall have a camera placement in the room facing the primary entry door, and in adequate fixed positions, at a height which will provide a clear, unobstructed view of the regular activity without a sight blockage from lighting hoods, fixtures, or other equipment, allowing for the clear and certain identification of per- sons and activities at all times. (f) All marijuana or marijuana-infused products that are intended to be removed or transported from marijuana producer to marijuana pro- [ 14 ]OTS-5501.4 Packet Page 226 of 355 cessor and/or marijuana processor to marijuana retailer shall be stag- ed in an area known as the "quarantine" location for a minimum of twenty-four hours. Transport manifest with product information and weights must be affixed to the product. At no time during the quaran- tine period can the product be handled or moved under any circumstan- ces and is subject to auditing by the liquor control board or design- ees. (g) All camera recordings must be continuously recorded twenty- four hours a day. All surveillance recordings must be kept for a mini- mum of forty-five days on the licensee's recording device. All videos are subject to inspection by any liquor control board employee or law enforcement officer, and must be copied and provided to the board or law enforcement officer upon request. (4) Traceability: To prevent diversion and to promote public safety, marijuana licensees must track marijuana from seed to sale. Licensees must provide the required information on a system specified by the board. All costs related to the reporting requirements are borne by the licensee. Marijuana seedlings, clones, plants, lots of usable marijuana or trim, leaves, and other plant matter, batches of extracts and marijuana-infused products must be traceable from produc- tion through processing, and finally into the retail environment in- cluding being able to identify which lot was used as base material to create each batch of extracts or infused products. The following in- formation is required and must be kept completely up-to-date in a sys- tem specified by the board: (a) Key notification of "events," such as when a plant enters the system (moved from the seedling or clone area to the vegetation pro- duction area at a young age); (b) When plants are to be partially or fully harvested or de- stroyed; (c) When a lot or batch of marijuana-infused product is to be de- stroyed; (d) When usable marijuana or marijuana-infused products are transported; (e) Any theft of marijuana seedlings, clones, plants, trim or other plant material, extract, infused product, or other item contain- ing marijuana; (f) There is a seventy-two hour mandatory waiting period after the notification described in this subsection is given before any plant may be destroyed or a lot or batch of marijuana or marijuana-in- fused product may be destroyed; (g) There is a twenty-four hour mandatory waiting period after the notification described in this subsection to allow for inspection before a lot of marijuana is transported from a producer to a process- or; (h) There is a twenty-four hour mandatory waiting period after the notification described in this subsection to allow for inspection before useable marijuana, or marijuana-infused products are transpor- ted from a processor to a retailer. (i) Prior to reaching eight inches in height or width, each mari- juana plant must be tagged and tracked individually, which typically should happened when a plant is moved from the seed germination or clone area to the vegetation production area; (j) A complete inventory of all marijuana seedlings, clones, all plants, lots of usable marijuana or trim, leaves, and other plant mat- ter, batches of extract and marijuana-infused products; (k) All point of sale records; [ 15 ]OTS-5501.4 Packet Page 227 of 355 (l) Marijuana excise tax records; (m) All samples sent to an independent testing lab and the quali- ty assurance test results; (n) All free samples provided to another licensee for purposes of negotiating a sale; (o) All samples used for testing for quality by the producer or processor; (p) Samples containing usable marijuana provided to retailers; (q) Samples provided to the board or their designee for quality assurance compliance checks; and (r) Other information specified by the board. (5) Start-up inventory for marijuana producers. Within fifteen days of starting production operations a producer must have all non- flowering marijuana plants physically on the licensed premises. The producer must immediately record each marijuana plant that enters the facility in the traceability system during this fifteen day time frame. No flowering marijuana plants may be brought into the facility during this fifteen day time frame. After this fifteen day time frame expires, a producer may only start plants from seed or create clones from a marijuana plant located physically on their licensed premises, or purchase marijuana seeds, clones, or plants from another licensed producer. (6) Samples. Free samples of usable marijuana may be provided by producers or processors, or used for product quality testing, as set forth in this section. (a) Samples are limited to two grams and a producer may not pro- vide any one licensed processor more than four grams of usable mari- juana per month free of charge for the purpose of negotiating a sale. The producer must record the amount of each sample and the processor receiving the sample in the traceability system. (b) Samples are limited to two grams and a processor may not pro- vide any one licensed retailer more than four grams of usable marijua- na per month free of charge for the purpose of negotiating a sale. The processor must record the amount of each sample and the retailer re- ceiving the sample in the traceability system. (c) Samples are limited to two units and a processor may not pro- vide any one licensed retailer more than six ounces of marijuana in- fused in solid form per month free of charge for the purpose of nego- tiating a sale. The processor must record the amount of each sample and the retailer receiving the sample in the traceability system. (d) Samples are limited to two units and a processor may not pro- vide any one licensed retailer more than twenty-four ounces of mari- juana-infused liquid per month free of charge for the purpose of nego- tiating a sale. The processor must record the amount of each sample and the retailer receiving the sample in the traceability system. (e) Samples are limited to one-half gram and a processor may not provide any one licensed retailer more than one gram of marijuana-in- fused extract meant for inhalation per month free of charge for the purpose of negotiating a sale. The processor must record the amount of each sample and the retailer receiving the sample in the traceability system. (f) Producers may sample one gram of useable marijuana per strain, per month for quality sampling. Sampling for quality may not take place at a licensed premises. Only the producer or employees of the licensee may sample the useable marijuana for quality. The produc- er must record the amount of each sample and the employee(s) conduct- ing the sampling in the traceability system. [ 16 ]OTS-5501.4 Packet Page 228 of 355 (g) Processors may sample one unit, per batch of a new edible marijuana-infused product to be offered for sale on the market. Sam- pling for quality may not take place at a licensed premises. Only the processor or employees of the licensee may sample the edible marijua- na-infused product. The processor must record the amount of each sam- ple and the employee(s) conducting the sampling in the traceability system. (h) Processors may sample up to one quarter gram, per batch of a new marijuana-infused extract for inhalation to be offered for sale on the market. Sampling for quality may not take place at a licensed premises. Only the processor or employee(s) of the licensee may sample the marijuana-infused extract for inhalation. The processor must re- cord the amount of each sample and the employee(s) conducting the sam- pling in the traceability system. (i) The limits described in subsection (3) of this section do not apply to the usable marijuana in sample jars that may be provided to retailers described in WAC 314-55-105(8). (j) Retailers may not provide free samples to customers. NEW SECTION WAC 314-55-084 Production of marijuana. Only the following speci- fied soil amendments, fertilizers, other crop production aids, and pesticides may be used in the production of marijuana: (1) Materials listed or registered by the Washington state de- partment of agriculture (WSDA) or Organic Materials Review Institute (OMRI) as allowable for use in organic production, processing, and handling under the U.S. Department of Agriculture's national organics standards, also called the National Organic Program (NOP), consistent with requirements at 7 C.F.R. Part 205. (2) Pesticides registered by WSDA under chapter 15.58 RCW as al- lowed for use in the production, processing, and handling of marijua- na. Pesticides must be used consistent with the label requirements. (3) Commercial fertilizers registered by WSDA under chapter 15.54 RCW. (4) Potting soil and other growing media available commercially in the state of Washington may be used in marijuana production. Pro- ducers growing outdoors are not required to meet land eligibility re- quirements outlined in 7 C.F.R. Part 205.202. NEW SECTION WAC 314-55-085 What are the transportation requirements for a marijuana licensee? (1) Notification of shipment. Upon transporting any marijuana or marijuana product, a producer, processor or retailer shall notify the board of the type and amount and/or weight of mari- juana and/or marijuana products being transported, the name of trans- porter, times of departure and expected delivery. This information must be reported in the traceability system described in WAC 314-55-083(4). [ 17 ]OTS-5501.4 Packet Page 229 of 355 (2) Receipt of shipment. Upon receiving the shipment, the licen- see receiving the product shall report the amount and/or weight of marijuana and/or marijuana products received in the traceability sys- tem. (3) Transportation manifest. A complete transport manifest con- taining all information required by the board must be kept with the product at all times. (4) Records of transportation. Records of all transportation must be kept for a minimum of three years at the licensee's location. (5) Transportation of product. Marijuana or marijuana products that are being transported must meet the following requirements: (a) Only the marijuana licensee or an employee of the licensee may transport product; (b) Marijuana or marijuana products must be in a sealed package or container approved by the board pursuant to WAC 314-55-105; (c) Sealed packages or containers cannot be opened during trans- port; (d) Marijuana or marijuana products must be in a locked, safe and secure storage compartment that is secured to the inside body/compart- ment of the vehicle transporting the marijuana or marijuana products; (e) Any vehicle transporting marijuana or marijuana products must travel directly from the shipping licensee to the receiving licensee and must not make any unnecessary stops in between except to other fa- cilities receiving product. NEW SECTION WAC 314-55-086 What are the mandatory signs a marijuana licensee must post on a licensed premises? (1) Notices regarding persons under twenty-one years of age must be conspicuously posted on the premises as follows: Type of licensee Sign must contain thefollowing language:Required locationof sign Marijuanaproducer,marijuanaprocessor, andmarijuana retailer "Persons under twenty-one years of age notpermitted on thesepremises." Conspicuouslocation at eachentry to premises. The board will provide the required notices, or licensees may design their own notices as long as they are legible and contain the required language. (2) Signs provided by the board prohibiting opening a package of marijuana or marijuana-infused product in public or consumption of marijuana or marijuana-infused products in public, must be posted as follows: Type of premises Required location of sign Marijuana retail Posted in plain view at the mainentrance to the establishment. (3) The premises' current and valid master license with appropri- ate endorsements must be conspicuously posted on the premises and available for inspection by liquor enforcement officers. [ 18 ]OTS-5501.4 Packet Page 230 of 355 NEW SECTION WAC 314-55-087 What are the recordkeeping requirements for mari- juana licensees? (1) Marijuana licensees are responsible to keep re- cords that clearly reflect all financial transactions and the finan- cial condition of the business. The following records must be kept and maintained on the licensed premises for a three-year period and must be made available for inspection if requested by an employee of the liquor control board: (a) Purchase invoices and supporting documents, to include the items and/or services purchased, from whom the items were purchased, and the date of purchase; (b) Bank statements and canceled checks for any accounts relating to the licensed business; (c) Accounting and tax records related to the licensed business and each true party of interest; (d) Records of all financial transactions related to the licensed business, including contracts and/or agreements for services performed or received that relate to the licensed business; (e) All employee records, to include training; (f) Records of each daily application of pesticides applied to the marijuana plants or growing medium. For each application, the pro- ducer shall record the following information on the same day the ap- plication is made: (i) Full name of each employee who applied the pesticide; (ii) The date the pesticide was applied; (iii) The name of the pesticide or product name listed on the registration label which was applied; (iv) The concentration and total amount of pesticide per plant; and (v) For outdoor production, the concentration of pesticide that was applied to the field. Liquid applications may be recorded as, but are not limited to, amount of product per one hundred gallons of liq- uid spray, gallons per acre of output volume, ppm, percent product in tank mix (e.g., one percent). For chemigation applications, record "inches of water applied" or other appropriate measure. (g) Soil amendment, fertilizers, or other crop production aids applied to the growing medium or used in the process of growing mari- juana; (h) Production and processing records, including harvest and cur- ing, weighing, destruction of marijuana, creating batches of marijua- na-infused products and packaging into lots and units; (i) Records of each batch of extracts or infused marijuana prod- ucts made, including at a minimum, the lots of usable marijuana or trim, leaves, and other plant matter used (including the total weight of the base product used), any solvents or other compounds utilized, and the product type and the total weight of the end product produced, such as hash oil, shatter, tincture, infused dairy butter, etc.; (j) Transportation records as described in WAC 314-55-085; (k) Inventory records; (l) All samples sent to an independent testing lab and the quali- ty assurance test results; (m) All free samples provided to another licensee for purposes of negotiating a sale; (n) All samples used for testing for quality by the producer or processor; [ 19 ]OTS-5501.4 Packet Page 231 of 355 (o) Sample jars containing usable marijuana provided to retail- ers; and (p) Records of any theft of marijuana seedlings, clones, plants, trim or other plant material, extract, marijuana-infused product, or other item containing marijuana. (2) If the marijuana licensee keeps records within an automated data processing (ADP) and/or point-of-sale (POS) system, the system must include a method for producing legible records that will provide the same information required of that type of record within this sec- tion. The ADP and/or POS system is acceptable if it complies with the following guidelines: (a) Provides an audit trail so that details (invoices and vouch- ers) underlying the summary accounting data may be identified and made available upon request. (b) Provides the opportunity to trace any transaction back to the original source or forward to a final total. If printouts of transac- tions are not made when they are processed, the system must have the ability to reconstruct these transactions. (c) Has available a full description of the ADP and/or POS por- tion of the accounting system. This should show the applications being performed, the procedures employed in each application, and the con- trols used to ensure accurate and reliable processing. (3) The provisions contained in subsections (1) and (2) of this section do not eliminate the requirement to maintain source documents, but they do allow the source documents to be maintained in some other location. NEW SECTION WAC 314-55-089 What are the tax and reporting requirements for marijuana licensees? (1) Marijuana licensees must submit monthly re- port(s) and payments to the board. The required monthly reports must be: (a) On a form or electronic system designated by the board; (b) Filed every month, including months with no activity or pay- ment due; (c) Submitted, with payment due, to the board on or before the twentieth day of each month, for the previous month. (For example, a report listing transactions for the month of January is due by Febru- ary 20th.) When the twentieth day of the month falls on a Saturday, Sunday, or a legal holiday, the filing must be postmarked by the U.S. Postal Service no later than the next postal business day; (d) Filed separately for each marijuana license held; and (e) All records must be maintained and available for review for a three-year period on licensed premises (see WAC 314-55-087). (2) Marijuana producer licensees: On a monthly basis, marijuana producers must maintain records and report purchases from other li- censed marijuana producers, current production and inventory on hand, sales by product type, and lost and destroyed product in a manner pre- scribed by the board. A marijuana producer licensee must pay to the board a marijuana excise tax of twenty-five percent of the selling price on each whole- sale sale to a licensed marijuana processor. [ 20 ]OTS-5501.4 Packet Page 232 of 355 (3) Marijuana processor licensees: On a monthly basis, marijuana processors must maintain records and report purchases from licensed marijuana producers, production of marijuana-infused products, sales by product type to marijuana retailers, and lost and/or destroyed product in a manner prescribed by the board. A marijuana processor licensee must pay to the board a marijuana excise tax of twenty-five percent of the selling price on each whole- sale sale of usable marijuana and marijuana-infused product to a li- censed marijuana retailer. (4) Marijuana retailer's licensees: On a monthly basis, marijuana retailers must maintain records and report purchases from licensed marijuana processors, sales by product type to consumers, and lost and/or destroyed product in a manner prescribed by the board. A marijuana retailer licensee must pay to the board a marijuana excise tax of twenty-five percent of the selling price on each retail sale of usable marijuana or marijuana-infused products. NEW SECTION WAC 314-55-092 What if a marijuana licensee fails to report or pay, or reports or pays late? (1) If a marijuana licensee does not submit its monthly reports and payment(s) to the board as required in WAC 314-55-089: The licensee is subject to penalties. Penalties: A penalty of two percent per month will be assessed on any payments postmarked after the twentieth day of the month following the month of sale. When the twentieth day of the month falls on a Sat- urday, Sunday, or a legal holiday, the filing must be postmarked by the U.S. Postal Service no later than the next postal business day. (2) Failure to make a report and/or pay the license taxes and/or penalties in the manner and dates outlined in WAC 314-55-089 will be sufficient grounds for the board to suspend or revoke a marijuana li- cense. NEW SECTION WAC 314-55-095 Marijuana servings and transaction limitations. Marijuana dosage and transaction limitations are as follows: (1) Single serving. A single serving of a marijuana-infused prod- uct amounts to ten milligrams active tetrahydrocannabinol (THC), or Delta 9. (2) Maximum number of servings. The maximum number of servings in any one single unit of marijuana-infused product meant to be eaten or swallowed is ten servings or one hundred milligrams of active THC, or Delta 9. A single unit of marijuana-infused extract for inhalation cannot exceed one gram. (3) Transaction limitation. A single transaction is limited to one ounce of usable marijuana, sixteen ounces of marijuana-infused product in solid form, seven grams of marijuana-infused extract for inhalation, and seventy-two ounces of marijuana-infused product in liquid form for persons twenty-one years of age and older. [ 21 ]OTS-5501.4 Packet Page 233 of 355 NEW SECTION WAC 314-55-097 Marijuana waste disposal—Liquids and solids. (1) Solid and liquid wastes generated during marijuana production and pro- cessing must be stored, managed, and disposed of in accordance with applicable state and local laws and regulations. (2) Wastewater generated during marijuana production and process- ing must be disposed of in compliance with applicable state and local laws and regulations. (3) Wastes from the production and processing of marijuana plants must be evaluated against the state's dangerous waste regulations (chapter 173-303 WAC) to determine if those wastes designate as dan- gerous waste. It is the responsibility of each waste generator to properly evaluate their waste to determine if it designates as a dan- gerous waste. If a generator's waste does designate as a dangerous waste, then that waste(s) is subject to the applicable management standards found in chapter 173-303 WAC. (a) Wastes that must be evaluated against the dangerous waste regulations include, but are not limited to, the following: (i) Waste from marijuana flowers, trim and solid plant material used to create an extract (per WAC 315-55-104). (ii) Waste solvents used in the marijuana process (per WAC 315-55-104). (iii) Discarded plant waste, spent solvents and laboratory wastes from any marijuana processing or quality assurance testing. (iv) Marijuana extract that fails to meet quality testing. (b) Marijuana wastes that do not designate as dangerous shall be managed in accordance with subsection (4) of this section. (c) A marijuana plant, usable marijuana, trim and other plant ma- terial in itself is not considered dangerous waste as defined under chapter 173-303 WAC unless it has been treated or contaminated with a solvent. (4) Marijuana waste that does not designate as dangerous waste (per subsection (3) of this section) must be rendered unusable follow- ing the methods in subsection (5) of this section prior to leaving a licensed producer, processor, retail facility, or laboratory. Disposal of the marijuana waste rendered unusable must follow the methods under subsection (6) of this section. (a) Wastes that must be rendered unusable prior to disposal in- clude, but are not limited to, the following: (i) Waste evaluated per subsection (3) of this section and deter- mined to not designate as "Dangerous Waste." (ii) Marijuana plant waste, including roots, stalks, leaves, and stems that have not been processed with solvent. (iii) Solid marijuana sample plant waste possessed by third-party laboratories accredited by the board to test for quality assurance that must be disposed of. (iv) Other wastes as determined by the LCB. (b) A producer or processor must provide the board a minimum of seventy-two hours notice in the traceability system described in WAC 314-55-083(4) prior to rendering the product unusable and disposing of it. (5) The allowable method to render marijuana plant waste unusable is by grinding and incorporating the marijuana plant waste with other ground materials so the resulting mixture is at least fifty percent [ 22 ]OTS-5501.4 Packet Page 234 of 355 nonmarijuana waste by volume. Other methods to render marijuana waste unusable must be approved by LCB before implementation. Material used to grind with the marijuana falls into two catego- ries: Compostable waste and noncompostable waste. (a) Compostable mixed waste: Marijuana waste to be disposed as compost feedstock or in another organic waste method (for example, anaerobic digester) may be mixed with the following types of waste ma- terials: (i) Food waste; (ii) Yard waste; (iii) Vegetable based grease or oils; or (iv) Other wastes as approved by the LCB. (b) Noncompostable mixed waste: Marijuana waste to be disposed in a landfill or another disposal method (for example, incinerator) may be mixed with the following types of waste materials: (i) Paper waste; (ii) Cardboard waste; (iii) Plastic waste; (iv) Soil; or (v) Other wastes as approved by the LCB. (6) Marijuana wastes rendered unusable following the method de- scribed in subsection (4) of this section can be disposed. (a) Disposal of the marijuana waste rendered unusable may be de- livered to a permitted solid waste facility for final disposition. Ex- amples of acceptable permitted solid waste facilities include: (i) Compostable mixed waste: Compost, anaerobic digester, or oth- er facility with approval of the jurisdictional health department. (ii) Noncompostable mixed waste: Landfill, incinerator, or other facility with approval of the jurisdictional health department. (b) Disposal of the marijuana waste rendered unusable may be man- aged on-site by the generator in accordance with the standards of chapter 173-350 WAC. (c) A record of the final destination of marijuana waste rendered unusable. NEW SECTION WAC 314-55-099 Standardized scales. (1) Marijuana producer and processor licensees must have at least one scale on the licensed prem- ises for the traceability and inventory of products. (2) The scales and other measuring devices are subject to chapter 19.94 RCW, and must meet the requirements of the most current version of chapters 16-662 and 16-664 WAC. (3) Licensees must register scales on a business license applica- tion with business license services through the department of revenue as required under chapter 19.94 RCW. NEW SECTION WAC 314-55-102 Quality assurance testing. (1) A person with fi- nancial interest in an accredited third-party testing lab may not have [ 23 ]OTS-5501.4 Packet Page 235 of 355 direct or indirect financial interest in a licensed marijuana producer or processor for whom they are conducting required quality assurance tests. (2) As a condition of accreditation, each lab must employ a sci- entific director responsible to ensure the achievement and maintenance of quality standards of practice. The scientific director shall meet the following minimum qualifications: (a) Has earned, from a college or university accredited by a na- tional or regional certifying authority a doctorate in the chemical or biological sciences and a minimum of two years' post-degree laboratory experience; or (b) Has earned a master's degree in the chemical or biological sciences and has a minimum of four years' of post-degree laboratory experience; or (c) Has earned a bachelor's degree in the chemical or biological sciences and has a minimum of six years of post-education laboratory experience. (3) As a condition of accreditation, labs must follow the most current version of the Cannabis Inflorescence and Leaf monograph pub- lished by the American Herbal Pharmacopoeia or notify the board what alternative scientifically valid testing methodology the lab is fol- lowing for each quality assurance test. The board may require third- party validation of any monograph or analytical method followed by the lab to ensure the methodology produces scientifically accurate results prior to them using those standards when conducting required quality assurance tests. (4) As a condition of accreditation, the board may require third- party validation and ongoing monitoring of a lab's basic proficiency to correctly execute the analytical methodologies employed by the lab. (5) Labs must adopt and follow minimum good lab practices (GLPs), and maintain internal standard operating procedures (SOPs), and a quality control/quality assurance (QC/QA) program as specified by the board. The board or authorized third-party organization can conduct audits of a lab's GLPs, SOPs, QC/QA, and inspect all other related re- cords. (6) The general body of required quality assurance tests for mar- ijuana flowers, infused products, and extracts may include moisture content, potency analysis, foreign matter inspection, microbiological screening, pesticide and other chemical residue and metals screening, and residual solvents levels. (7) Table of required quality assurance tests. Product Test(s) Required Sample Size Needed to Complete all Tests Flowers to be sold as usable marijuana (see notebelow)1. Moisture content2. Potency analysis3. Foreign matter inspection4. Microbiological screening Up to 7 grams Flowers to be used to make an extract(nonsolvent) like kief, hashish, bubble hash, orinfused dairy butter, or oils or fats derived fromnatural sources None None Extract (nonsolvent) like kief, hashish, bubblehash or infused dairy butter, or oils or fatsderived from natural sources 1. Potency analysis2. Foreign matter inspection3. Microbiological screening Up to 7 grams Flowers to be used to make an extract (solventbased), made with a CO2 extractor, or with a food grade ethanol or glycerin 1. Foreign matter inspection2. Microbiological screening Up to 7 grams [ 24 ]OTS-5501.4 Packet Page 236 of 355 Product Test(s) Required Sample Size Needed to Complete all Tests Extract (solvent based) made using n-butane,isobutane, propane, heptane, or other solvents orgases approved by the board of at least 99%purity 1. Potency analysis2. Residual solvent test3. Microbiological screening (only if usingflowers and other plant material that failedinitial test) Up to 2 grams Extract made with a CO2 extractor like hash oil 1. Potency analysis2. Microbiological screening (only if usingflowers and other plant material that failedinitial test) Up to 2 grams Extract made with food grade ethanol 1. Potency analysis2. Microbiological screening (only if usingflowers and other plant material that failedinitial test) Up to 2 grams Extract made with food grade glycerin orpropylene glycol 1. Potency analysis Up to 1 gram Infused edible 1. Potency analysis2. Microbiological screening 1 unit Infused liquid like a soda or tonic 1. Potency analysis2. Microbiological screening 1 unit Infused topical 1. Potency analysis 1 unit (8) Independent testing labs may request additional sample mate- rial in excess of amounts listed in the table in subsection (7) of this section for the purposes of completing required quality assurance tests. Labs meeting the board's accreditation requirements may re- trieve samples from a marijuana licensee's licensed premises and transport the samples directly to the lab. (9) Labs meeting the board's accreditation requirements are not limited in the amount of useable marijuana and marijuana products they may have on their premises at any given time, but they must have re- cords to prove all marijuana and marijuana-infused products only for the testing purposes described in WAC 314-55-102. (10) At the discretion of the board, a producer or processor must provide an employee of the board or their designee samples in the amount listed in subsection (7) of this section for random compliance checks. Samples may be screened for pesticides and chemical residues, unsafe levels of metals, and used for other quality assurance tests deemed necessary by the board. All costs of this testing will be borne by the producer or processor. (11) No lot of usable flower or batch of marijuana-infused prod- uct may be sold or transported until the completion of all required quality assurance testing. (12) Any useable marijuana or marijuana-infused product that passed the required quality assurance tests may be labeled as "Class A." Only "Class A" useable marijuana or marijuana-infused product will be allowed to be sold. (13) If a lot of marijuana flowers fail a quality assurance test, any marijuana plant trim, leaf and other usable material from the same plants automatically fails quality assurance testing also. Upon appro- val of the board, a lot that fails a quality assurance test may be used to make a CO2 or solvent based extract. After processing, the CO2 or solvent based extract must still pass all required quality assur- ance tests in WAC 314-55-102. (14) At the request of the producer or processor, the board may authorize a retest to validate a failed test result on a case-by-case basis. All costs of the retest will be borne by the producer or the processor. [ 25 ]OTS-5501.4 Packet Page 237 of 355 NEW SECTION WAC 314-55-104 Marijuana processor license extraction require- ments. (1) Processors are limited to certain methods, equipment, sol- vents, gases and mediums when creating marijuana extracts. (2) Processors may use the hydrocarbons N-butane, isobutane, pro- pane, or heptane or other solvents or gases exhibiting low to minimal potential human health-related toxicity approved by the board. These solvents must be of at least ninety-nine percent purity and a process- or must use them in a professional grade closed loop extraction system designed to recover the solvents, work in a spark free environment with proper ventilation, and follow all applicable local fire, safety and building codes in processing and the storage of the solvents. (3) Processors may use a professional grade closed loop CO2 gas extraction system where every vessel is rated to a minimum of nine hundred pounds per square inch and follow all applicable local fire, safety and building codes in processing and the storage of the sol- vents. The CO2 must be of at least ninety-nine percent purity. (4) Processors may use heat, screens, presses, steam distilla- tion, ice water, and other methods without employing solvents or gases to create kief, hashish, bubble hash, or infused dairy butter, or oils or fats derived from natural sources, and other extracts. (5) Processors may use food grade glycerin, ethanol, and propy- lene glycol solvents to create extracts. (6) Processors creating marijuana extracts must develop standard operating procedures, good manufacturing practices, and a training plan prior to producing extracts for the marketplace. Any person using solvents or gases in a closed looped system to create marijuana ex- tracts must be fully trained on how to use the system, have direct ac- cess to applicable material safety data sheets and handle and store the solvents and gases safely. (7) Parts per million for one gram of finished extract cannot ex- ceed 500 parts per million or residual solvent or gas when quality as- surance tested per RCW 69.50.348. NEW SECTION WAC 314-55-105 Packaging and labeling requirements. (1) All usa- ble marijuana and marijuana products must be stored behind a counter or other barrier to ensure a customer does not have direct access to the product. (2) Any container or packaging containing usable marijuana or marijuana products must protect the product from contamination and must not impart any toxic or deleterious substance to the usable mari- juana or marijuana product. (3) Upon the request of a retail customer, a retailer must dis- close the name of the accredited third-party testing lab and results of the required quality assurance test for any usable marijuana or other marijuana product the customer is considering purchasing. (4) usable marijuana and marijuana products may not be labeled as organic unless permitted by the United States Department of Agricul- ture in accordance with the Organic Foods Production Act. [ 26 ]OTS-5501.4 Packet Page 238 of 355 (5) The accredited third-party testing lab and required results of the quality assurance test must be included with each lot and dis- closed to the customer buying the lot. (6) A marijuana producer must make quality assurance test results available to any processor purchasing product. A marijuana producer must label each lot of marijuana with the following information: (a) Lot number; (b) UBI number of the producer; and (c) Weight of the product. (7) Marijuana-infused products meant to be eaten, swallowed, or inhaled, must be packaged in child resistant packaging in accordance with Title 16 C.F.R. 1700 of the Poison Prevention Packaging Act or use standards specified in this subsection. Marijuana-infused product in solid or liquid form may be packaged in plastic four mil or greater in thickness and be heat sealed with no easy-open tab, dimple, corner, or flap as to make it difficult for a child to open and as a tamper- proof measure. Marijuana-infused product in liquid form may also be sealed using a metal crown cork style bottle cap. (8) A processor may provide a retailer free samples of usable marijuana packaged in a sample jar protected by a plastic or metal mesh screen to allow customers to smell the product before purchase. The sample jar may not contain more than three and one-half grams of usable marijuana. The sample jar and the usable marijuana within may not be sold to a customer and must be either returned to the licensed processor who provide the usable marijuana and sample jar or destroyed by the retailer after use in the manner described in WAC 314-55-097 and noted in the traceability system. (9) A producer or processor may not treat or otherwise adulterate usable marijuana with any organic or nonorganic chemical or other com- pound whatsoever to alter the color, appearance, weight, or smell of the usable marijuana. (10) Labels must comply with the version of NIST Handbook 130, Uniform Packaging and Labeling Regulation adopted in chapter 16-662 WAC. (11) All usable marijuana when sold at retail must include accom- panying material that contains the following warnings that state: (a) "Warning: This product has intoxicating effects and may be habit forming. Smoking is hazardous to your health"; (b) "There may be health risks associated with consumption of this product"; (c) "Should not be used by women that are pregnant or breast feeding"; (d) "For use only by adults twenty-one and older. Keep out of reach of children"; (e) "Marijuana can impair concentration, coordination, and judg- ment. Do not operate a vehicle or machinery under the influence of this drug"; (f) Statement that discloses all pesticides applied to the mari- juana plants and growing medium during production and processing. (12) All marijuana-infused products sold at retail must include accompanying material that contains the following warnings that state: (a) "There may be health risks associated with consumption of this product"; (b) "This product is infused with marijuana or active compounds of marijuana"; (c) "Should not be used by women that are pregnant or breast feeding"; [ 27 ]OTS-5501.4 Packet Page 239 of 355 (d) "For use only by adults twenty-one and older. Keep out of reach of children"; (e) "Products containing marijuana can impair concentration, co- ordination, and judgment. Do not operate a vehicle or machinery under the influence of this drug"; (f) "Caution: When eaten or swallowed, the intoxicating effects of this drug may be delayed by two or more hours"; (g) Statement that discloses all pesticides applied to the mari- juana plants and growing medium during production of the base marijua- na used to create the extract added to the infused product; and (h) Statement that discloses the type of extraction method, in- cluding any solvents, gases, or other chemicals or compounds used to produce or that are added to the extract. (13) Labels affixed to the container or package containing usable marijuana sold at retail must include: (a) The business or trade name and Washington state unified busi- ness identifier number of the licensees that produced, processed, and sold the usable marijuana; (b) Lot number; (c) Concentration of THC, THCA, CBD, including a total of active cannabinoids (potency profile); (d) Net weight in ounces and grams or volume as appropriate; (e) Warnings that state: "This product has intoxicating effects and may be habit forming"; (f) Statement that "This product may be unlawful outside of Wash- ington state"; (g) Date of harvest. (h) The board may create a logo that must be placed on all usable marijuana and marijuana-infused products. (14) Sample label mock up for a container or package containing usable marijuana sold at retail with required information: (15) Labels affixed to the container or package containing mari- juana-infused products sold at retail must include: (a) The business or trade name and Washington state unified busi- ness identifier number of the licensees that produced, processed, and sold the usable marijuana; (b) Lot numbers of all base marijuana used to create the extract; (c) Batch number; (d) Date manufactured; [ 28 ]OTS-5501.4 Packet Page 240 of 355 (e) Best by date; (f) Recommended serving size and the number of servings contained within the unit, including total milligrams of active tetrahydrocanna- binol (THC), or Delta 9; (g) Net weight in ounces and grams, or volume as appropriate; (h) List of all ingredients and any allergens; (i) "Caution: When eaten or swallowed, the intoxicating effects of this drug may be delayed by two or more hours." (j) If a marijuana extract was added to the product, disclosure of the type of extraction process and any solvent, gas, or other chem- ical used in the extraction process, or any other compound added to the extract; (k) Warnings that state: "This product has intoxicating effects and may be habit forming"; (l) Statement that "This product may be unlawful outside of Wash- ington state"; (m) The board may create a logo that must be placed on all usable marijuana and marijuana-infused products. (16) Sample label mock up (front and back) for a container or package containing marijuana-infused products sold at retail with re- quired information: (Front of label) (Back of label) NEW SECTION WAC 314-55-120 Ownership changes. (1) Licensees must receive pri- or board approval before making any of the following ownership changes (see WAC 314-55-035 for the definition of "true party of interest"): [ 29 ]OTS-5501.4 Packet Page 241 of 355 Type of change Type ofapplication Fee Change in thequalifyingpersons in a:Soleproprietorship,generalpartnership,limitedpartnership, orlimited liabilitypartnership. New application. Application feeand annual feefor currentlicense privilege. Change in thequalifyingpersons for apublicly orprivately heldcorporation. Theboard will waivethe fee for acorporatechange when theproposed changeconsists solelyof dropping anapprovedofficer. Application forchange incorporate officerand/orstockholder. $75 Change in thequalifyingpersons in alimited liabilitycompany. Application forchange oflimited liabilitycompanymember and/ormanager. $75 (2) The board may inquire into all matters in connection with any such sale of stock/units or proposed change in officers/members. NEW SECTION WAC 314-55-125 Change of location. (1) Changing your marijuana license to a new location requires an application, per the process outlined in WAC 314-55-020. (2) A change of location occurs any time a move by the licensee results in any change to the physical location address. NEW SECTION WAC 314-55-130 Change of business name. (1) If you wish to change the name of your business, you must apply for a change of trade name with the department of revenue, business license service. (2) If you wish to change your corporation or limited liability company name, you must apply for a change of name through the secreta- ry of state. (3) See chapter 434-12 WAC for guidelines for trade names. [ 30 ]OTS-5501.4 Packet Page 242 of 355 NEW SECTION WAC 314-55-135 Discontinue marijuana sales. You must notify the board's enforcement and education division in writing if you plan to stop doing business for more than thirty days, or if you plan to per- manently discontinue marijuana sales. NEW SECTION WAC 314-55-140 Death or incapacity of a marijuana licensee. (1) The appointed guardian, executor, administrator, receiver, trustee, or assignee must notify the board's licensing and regulation division in the event of the death, incapacity, receivership, bankruptcy, or as- signment for benefit of creditors of any licensee. (2) The board may give the appointed guardian, executor, adminis- trator, receiver, trustee, or assignee written approval to continue marijuana sales on the licensed business premises for the duration of the existing license and to renew the license when it expires. (a) The person must be a resident of the state of Washington. (b) A criminal background check may be required. (3) When the matter is resolved by the court, the true party(ies) of interest must apply for a marijuana license for the business. NEW SECTION WAC 314-55-145 Are marijuana license fees refundable? When a li- cense is suspended or canceled, or the licensed business is discontin- ued, the unused portion of the marijuana license fee will not be re- funded. NEW SECTION WAC 314-55-147 What hours may a marijuana retailer licensee con- duct sales? A marijuana retailer licensee may sell usable marijuana, marijuana-infused products, and marijuana paraphernalia between the hours of 8 a.m. and 12 a.m. NEW SECTION WAC 314-55-150 What are the forms of acceptable identification? (1) Following are the forms of identification that are acceptable to verify a person's age for the purpose of purchasing marijuana: (a) Driver's license, instruction permit, or identification card of any state, or province of Canada, from a U.S. territory or the Dis- [ 31 ]OTS-5501.4 Packet Page 243 of 355 trict of Columbia, or "identicard" issued by the Washington state de- partment of licensing per RCW 46.20.117; (b) United States armed forces identification card issued to ac- tive duty, reserve, and retired personnel and the personnel's depend- ents, which may include an embedded, digital signature in lieu of a visible signature; (c) Passport; (d) Merchant Marine identification card issued by the United States Coast Guard; and (e) Enrollment card issued by the governing authority of a feder- ally recognized Indian tribe located in Washington, if the enrollment card incorporates security features comparable to those implemented by the department of licensing for Washington driver's licenses. (2) The identification document is not acceptable to verify age if expired. NEW SECTION WAC 314-55-155 Advertising. (1) Advertising by retail licensees. The board limits each retail licensed premises to one sign identifying the retail outlet by the licensee's business name or trade name that is affixed or hanging in the windows or on the outside of the premises that is visible to the general public from the public right of way. The size of the sign is limited to sixteen hundred square inches. (2) General. All marijuana advertising and labels of useable mar- ijuana and marijuana-infused products sold in the state of Washington may not contain any statement, or illustration that: (a) Is false or misleading; (b) Promotes over consumption; (c) Represents the use of marijuana has curative or therapeutic effects; (d) Depicts a child or other person under legal age to consume marijuana, or includes: (i) Objects, such as toys, characters, or cartoon characters sug- gesting the presence of a child, or any other depiction designed in any manner to be especially appealing to children or other persons un- der legal age to consume marijuana; or (ii) Is designed in any manner that would be especially appealing to children or other persons under twenty-one years of age. (3) No licensed marijuana producer, processor, or retailer shall place or maintain, or cause to be placed or maintained, an advertise- ment of marijuana, usable marijuana, or a marijuana-infused product in any form or through any medium whatsoever: (a) Within one thousand feet of the perimeter of a school grounds, playground, recreation center or facility, child care center, public park, library, or a game arcade admission to which it is not restricted to persons aged twenty-one years or older; (b) On or in a public transit vehicle or public transit shelter; or (c) On or in a publicly owned or operated property. (4) Giveaways, coupons, and distribution of branded merchandise are banned. (5) All advertising must contain the following warnings: [ 32 ]OTS-5501.4 Packet Page 244 of 355 (a) "This product has intoxicating effects and may be habit form- ing."; (b) "Marijuana can impair concentration, coordination, and judg- ment. Do not operate a vehicle or machinery under the influence of this drug."; (c) "There may be health risks associated with consumption of this product."; and (d) "For use only by adults twenty-one and older. Keep out of the reach of children." NEW SECTION WAC 314-55-160 Objections to marijuana license applications. (1) How can persons, cities, counties, tribal governments, or port author- ities object to the issuance of a marijuana license? Per RCW 69.50.331, the board will notify cities, counties, tribal governments, and port authorities of the following types of marijuana applications. In addition to these entities, any person or group may comment in writing to the board regarding an application. Type of application Entities the boardwill/may notify • Applications for anannual marijuanalicense at a newlocation. • Cities and counties inwhich the premises islocated will benotified. Tribal governmentsand port authoritiesin which the premisesis located may benotified. • Applications tochange the class of anexisting annualmarijuana license. • Changes ofownership at existinglicensed premises. • Cities and counties inwhich the premises islocated will benotified. Tribal governmentsand port authoritiesin which the premisesis located may benotified. (2) What will happen if a person or entity objects to a marijuana license application? When deciding whether to issue or deny a marijua- na license application, the board will give substantial weight to in- put from governmental jurisdictions in which the premises is located 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; and other persons or groups. Note: Per RCW 69.50.331, the board shall not issue a new marijuana li- cense if any of the following are within one thousand feet of the premises to be licensed: Any elementary or secondary schools, play- grounds, recreation centers or facilities, child care centers, public [ 33 ]OTS-5501.4 Packet Page 245 of 355 parks, public transit centers, libraries, game arcade where admission is not restricted to persons twenty-one years of age or older. (a) If the board contemplates issuing a license over the objec- tion of a governmental jurisdiction in which the premises is located, the government subdivision may request an adjudicative hearing under the provisions of the Administrative Procedure Act, chapter 34.05 RCW. If the board, in its discretion, grants the governmental jurisdic- tion(s) an adjudicative hearing, the applicant will be notified and given the opportunity to present evidence at the hearing. (b) If the board denies a marijuana license application based on the objection from a governmental jurisdiction, the applicant(s) may either: (i) Reapply for the license no sooner than one year from the date on the final order of denial; or (ii) Submit a written request on a form provided by the board for an adjudicative hearing under the provisions of the Administrative Procedure Act, chapter 34.05 RCW. The request must be received within twenty days of the date the intent to deny notification was mailed. NEW SECTION WAC 314-55-165 Objections to marijuana license renewals. (1) How can local cities, counties, tribal governments, or port authorities object to the renewal of a marijuana license? (a) The board will give governmental jurisdictions approximately ninety days written notice of premises that hold annual marijuana li- censes in that jurisdiction that are up for renewal. (b) Per RCW 69.50.331, if a county, city, tribal government, or port authority wants to object to the renewal of a marijuana license in its jurisdiction, it must submit a letter to the board detailing the reason(s) for the objection and a statement of all facts on which the objections are based. (c) The county, city, tribal government, or port authority may submit a written request to the board for an extension for good cause shown. (d) This letter must be received by the board at least thirty days before the marijuana license expires. The objection must state specific reasons and facts that show issuance of the marijuana license at the proposed location or to the applicant business how it will det- rimentally impact the safety, health, or welfare of the community. (e) If the objection is received within thirty days of the expi- ration date or the licensee has already renewed the license, the ob- jection will be considered as a complaint and possible license revoca- tion may be pursued by the enforcement division. (f) Objections from the public will be referred to the appropri- ate city, county, tribal government, or port authority for action un- der subsection (2) of this section. Upon receipt of the objection, the board licensing and regulation division will acknowledge receipt of the objection(s) and forward to the appropriate city, county, tribal government, or port authority. Such jurisdiction may or may not, based on the public objection, request nonrenewal. (2) What will happen if a city, county, tribal government, or port authority objects to the renewal of a marijuana license? The board will give substantial weight to a city, county, tribal govern- [ 34 ]OTS-5501.4 Packet Page 246 of 355 ment, or port authority objection to a marijuana license renewal of a premises in its jurisdiction based upon chronic illegal activity asso- ciated with the licensee's operation of the premises. Based on the ju- risdiction's input and any information in the licensing file, the board will decide to either renew the marijuana license, or to pursue nonrenewal. (a) Board decides torenew the marijuanalicense: (b) Board decides topursue nonrenewal of themarijuana license: (i) The board will notifythe jurisdiction(s) inwriting of its intent torenew the license, statingthe reason for thisdecision. (i) The board will notifythe licensee in writing ofits intent to not renew thelicense, stating the reasonfor this decision. (ii) The jurisdiction(s) maycontest the renewal andrequest an adjudicativehearing under theprovisions of theAdministrative ProcedureAct (chapter 34.05 RCW)by submitting a writtenrequest on a form providedby the board. The requestmust be received withintwenty days of the date theintent to renew notificationwas mailed. If the board,in its discretion, grants thegovernmentaljurisdiction(s) anadjudicative hearing, theapplicant will be notifiedand given the opportunityto present evidence at thehearing. (ii) The licensee maycontest the nonrenewalaction and request anadjudicative hearing underthe provisions of theAdministrative ProcedureAct (chapter 34.05 RCW)by submitting a writtenrequest on a form providedby the board. The requestmust be received withintwenty days of the date theintent to deny notificationwas mailed. (iii) If the licensee requestsa hearing, thegovernmental jurisdictionwill be notified. (iv) During the hearingand any subsequent appealprocess, the licensee isissued a temporaryoperating permit for themarijuana license until afinal decision is made. NEW SECTION WAC 314-55-505 What are the procedures for notifying a licensee of an alleged violation of a liquor control board statute or regula- tion? (1) When an enforcement officer believes that a licensee has violated a board statute or regulation, the officer may prepare an ad- ministrative violation notice (AVN) and mail or deliver the notice to the licensee, licensee's agent, or employee. (2) The AVN notice will include: (a) A complete narrative description of the violation(s) the of- ficer is charging; (b) The date(s) of the violation(s); (c) A copy of the law(s) and/or regulation(s) allegedly violated; (d) An outline of the licensee's options as outlined in WAC 314-55-510; and (e) The recommended penalty. [ 35 ]OTS-5501.4 Packet Page 247 of 355 (i) If the recommended penalty is the standard penalty, see WAC 314-55-520 through 314-55-535 for licensees. (ii) For cases in which there are aggravating or mitigating cir- cumstances, the penalty may be adjusted from the standard penalty. NEW SECTION WAC 314-55-506 What is the process once the board summarily sus- pends a marijuana license? (1) The board may summarily suspend any li- cense after the board's enforcement division has completed a prelimi- nary staff investigation of the violation and upon a determination that immediate cessation of the licensed activities is necessary for the protection or preservation of the public health, safety, or wel- fare. (2) Suspension of any license under this provision shall take ef- fect immediately upon personal service on the licensee or employee thereof of the summary suspension order unless otherwise provided in the order. (3) When a license has been summarily suspended by the board, an adjudicative proceeding for revocation or other action must be prompt- ly instituted before an administrative law judge assigned by the of- fice of administrative hearings. If a request for an administrative hearing is timely filed by the licensee or permit holder, then a hear- ing shall be held within ninety days of the effective date of the sum- mary suspension ordered by the board. NEW SECTION WAC 314-55-507 How may a licensee challenge the summary suspen- sion of his or her marijuana license? (1) Upon summary suspension of a license by the board pursuant to WAC 314-55-506, an affected licensee may petition the board for a stay of suspension pursuant to RCW 34.05.467 and 34.05.550(1). A petition for a stay of suspension must be received by the board within fifteen days of service of the summary suspension order. The petition for stay shall state the basis on which the stay is sought. (2) A hearing shall be held before an administrative law judge within fourteen days of receipt of a timely petition for stay. The hearing shall be limited to consideration of whether a stay should be granted, or whether the terms of the suspension may be modified to al- low the conduct of limited activities under current licenses or per- mits. (3) Any hearing conducted pursuant to subsection (2) of this sec- tion shall be a brief adjudicative proceeding under RCW 34.05.485. The agency record for the hearing shall consist of the documentary infor- mation upon which the summary suspension was based. The licensee or permit holder shall have the burden of demonstrating by clear and con- vincing evidence that: (a) The licensee is likely to prevail upon the merits at hearing; [ 36 ]OTS-5501.4 Packet Page 248 of 355 (b) Without relief, the licensee will suffer irreparable injury. For purposes of this section, elimination of income from licensed ac- tivities shall not be deemed irreparable injury; (c) The grant of relief will not substantially harm other parties to the proceedings; and (d) The threat to the public health, safety, or welfare is not sufficiently serious to justify continuation of the suspension, or that modification of the terms of the suspension will adequately pro- tect the public interest. (4) The initial order on stay shall be effective immediately upon service unless another date is specified in the order. NEW SECTION WAC 314-55-508 Review of orders on stay. (1) The licensee, or agency, may petition the board for review of an initial order on stay. Any petition for review must be in writing and received by the board within ten days of service of the initial order. If neither party has requested review within ten days of service, the initial order shall be deemed the final order of the board for purposes of RCW 34.05.467. (2) If the board receives a timely petition for review, the board shall consider the petition within fifteen days of service of the pe- tition for review. Consideration on review shall be limited to the re- cord of the hearing on stay. (3) The order of the board on the petition for review shall be effective upon personal service unless another date is specified in the order and is final pursuant to RCW 34.05.467. Final disposition of the petition for stay shall not affect subsequent administrative pro- ceedings for suspension or revocation of a license. NEW SECTION WAC 314-55-510 What options does a licensee have once he/she re- ceives a notice of an administrative violation? (1) A licensee has twenty days from receipt of the notice to: (a) Accept the recommended penalty; or (b) Request a settlement conference in writing; or (c) Request an administrative hearing in writing. A response must be submitted on a form provided by the agency. (2) What happens if a licensee does not respond to the adminis- trative violation notice within twenty days? (a) If a licensee does not respond to the administrative viola- tion notice within twenty days, the recommended suspension penalty will go into effect. (b) If the penalty does not include a suspension, the licensee must pay a twenty-five percent late fee in addition to the recommended penalty. The recommended penalty plus the late fee must be received within thirty days of the violation notice issue date. (3) What are the procedures when a licensee requests a settlement conference? [ 37 ]OTS-5501.4 Packet Page 249 of 355 (a) If the licensee requests a settlement conference, the hearing examiner or designee will contact the licensee to discuss the viola- tion. (b) Both the licensee and the hearing examiner or designee will discuss the circumstances surrounding the charge, the recommended pen- alty, and any aggravating or mitigating factors. (c) If a compromise is reached, the hearing examiner or designee will prepare a compromise settlement agreement. The hearing examiner or designee will forward the compromise settlement agreement, author- ized by both parties, to the board, or designee, for approval. (i) If the board, or designee, approves the compromise, a copy of the signed settlement agreement will be sent to the licensee and will become part of the licensing history. (ii) If the board, or designee, does not approve the compromise, the licensee will be notified of the decision. The licensee will be given the option to renegotiate with the hearings examiner or desig- nee, of accepting the originally recommended penalty, or of requesting an administrative hearing on the charges. (d) If the licensee and the hearing examiner or designee cannot reach agreement on a settlement proposal, the licensee may accept the originally recommended penalty, or the hearing examiner or designee will forward a request for an administrative hearing to the board's hearings coordinator. NEW SECTION WAC 314-55-515 What are the penalties if a marijuana license holder violates a marijuana law or rule? (1) The purpose of WAC 314-55-515 through 314-55-540 is to outline what penalty a marijuana licensee can expect if a licensee or employee violates a liquor con- trol board law or rule. (WAC rules listed in the categories provide reference areas, and may not be all inclusive.) (2) Penalties for violations by marijuana licensees or employees are broken down into four categories: (a) Group One—Public safety violations, WAC 314-55-520. (b) Group Two—Regulatory violations, WAC 314-55-525. (c) Group Three—License violations, WAC 314-55-530. (d) Group Four—Producer violations involving the manufacture, supply, and/or distribution of marijuana by nonretail licensees and prohibited practices between nonretail licensees and retail licensees, WAC 314-55-535. (3) For the purposes of chapter 314-55 WAC, a three-year window for violations is measured from the date one violation occurred to the date a subsequent violation occurred. (4) The following schedules are meant to serve as guidelines. Based on mitigating or aggravating circumstances, the liquor control board may impose a different penalty than the standard penalties out- lined in these schedules. Based on mitigating circumstances, the board may offer a monetary option in lieu of suspension, or alternate penal- ty, during a settlement conference as outlined in WAC 314-55-510(3). [ 38 ]OTS-5501.4 Packet Page 250 of 355 (a) Mitigatingcircumstances (b) Aggravatingcircumstances Mitigatingcircumstances that mayresult in fewer days ofsuspension and/or alower monetary optionmay includedemonstrated businesspolicies and/or practicesthat reduce the risk offuture violations. Aggravating circumstancesthat may result in increaseddays of suspension, and/orincreased monetary option,and/or cancellation ofmarijuana license mayinclude business operationsor behaviors that create anincreased risk for a violationand/or intentionalcommission of a violation. Examples include: Examples include: • Having a signedacknowledgment of thebusiness' responsiblehandling and salespolicies on file for eachemployee; • Failing to call 911 for locallaw enforcement or medicalassistance when requested bya customer, a liquor controlboard officer, or whenpeople have sustainedinjuries. • Having an employeetraining plan thatincludes annual trainingon marijuana laws. NEW SECTION WAC 314-55-520 Group 1 violations against public safety. Group 1 violations are considered the most serious because they present a di- rect threat to public safety. Based on chapter 69.50 RCW, some viola- tions have only a monetary option. Some violations beyond the first violation do not have a monetary option upon issuance of a violation notice. The liquor control board may offer a monetary option in lieu of suspension days based on mitigating circumstances as outlined in WAC 314-55-515(4). Violation Type 1st Violation 2nd Violation in athree-year window 3rd Violation in athree-year window 4th Violation in athree-year window Violations involvingminors:10-day suspension or$2,500 monetary option 30-day suspension Cancellation of license Sale or service to minor:Sale of marijuana and/orparaphernalia to a personunder twenty-one years ofage WAC 314-55-079 10-day suspension or$2,500 monetary option 30-day suspension Cancellation of license Allowing a minor tofrequent a restricted area. RCW 69.50.357 $1,000 monetary fine $1,000 monetary fine $1,000 monetary fine Employee under legalage. RCW 69.50.357 $1,000 monetary fine $1,000 monetary fine $1,000 monetary fine $1,000 monetary fine Licensee and/or employeeopen and/or consumingmarijuana on a retaillicensed premises. RCW 69.50.357 $1,000 monetary fine $1,000 monetary fine $1,000 monetary fine $1,000 monetary fine [ 39 ]OTS-5501.4 Packet Page 251 of 355 Violation Type 1st Violation 2nd Violation in athree-year window 3rd Violation in athree-year window 4th Violation in athree-year window Conduct violations:Criminal conduct:Permitting or engaging incriminal conduct. 10-day suspension or$2,500 monetary option 30-day suspension Cancellation of license Using unauthorizedpesticides, soilamendments, fertilizers,other crop production aids. WAC 314-55-020(8)WAC 314-55-083(4)WAC 314-55-087 (1)(f) 10-day suspension or$2,500 monetary option 30-day suspension Cancellation of license Adulterate usablemarijuana with organic ornonorganic chemical orother compound WAC 314-55-105(8) 10-day suspension or$2,500 monetary option 30-day suspension Cancellation of license Using unauthorizedsolvents or gases inprocessing WAC 314-55-104 10-day suspension or$2,500 monetary option 30-day suspension Cancellation of license Refusal to allow aninspection and/orobstructing a lawenforcement officer fromperforming their officialduties. WAC 314-55-050 10-day suspension or$2,500 monetary option 30-day suspension Cancellation of license Marijuana purchasedfrom an unauthorizedsource. Cancellation of license Marijuana sold to anunauthorized source.Cancellation of license Sales in excess oftransaction limitations. WAC 314-55-095(3) Cancellation of license NEW SECTION WAC 314-55-525 Group 2 regulatory violations. Group 2 violations are violations involving general regulation and administration of re- tail or nonretail licenses. Violation Type 1st Violation 2nd Violation in athree-year window 3rd Violation in athree-year window 4th Violation in athree-year window Hours of service: Sales ofmarijuana between 12:00a.m. and 8:00 a.m. 5-day suspension or $500monetary option 10-day suspension or$2,500 monetary option 30-day suspension Cancellation of license Advertising: Violations(statements/illustrations). WAC 314-55-155(2) 5-day suspension or $500monetary option 10-day suspension or$2,500 monetary option 30-day suspension Cancellation of license Advertising violations –Sign exceeding 1600square inches; within 1000feet of prohibited areas; onor in public transit vehicles,shelters, or publicly ownedor operated property. RCW 69.50.357RCW 69.50.369 $1,000 monetary fine $1,000 monetary fine $1,000 monetary fine $1,000 monetary fine Packaging and/orlabeling violations(processor/retailer). WAC 314-55-105 5-day suspension or $500monetary option 10-day suspension or$2,500 monetary option 30-day suspension Cancellation of license [ 40 ]OTS-5501.4 Packet Page 252 of 355 Violation Type 1st Violation 2nd Violation in athree-year window 3rd Violation in athree-year window 4th Violation in athree-year window Licensee/employee failingto display requiredsecurity badge. WAC 314-55-083(1) 5-day suspension or $500monetary option 10-day suspension or$2,500 monetary option 30-day suspension Cancellation of license Failure to maintainrequired security alarmand surveillance systems. WAC 314-55-083 (2) and(3) 5-day suspension or $500monetary option 10-day suspension or$2,500 monetary option 30-day suspension Cancellation of license Records: Improperrecordkeeping. WAC 314-55-087WAC 314-55-089 (3), (4),and (5) 5-day suspension or $500monetary option 10-day suspension or$2,500 monetary option 30-day suspension Cancellation of license Failure to submitmonthly tax reportsand/or payments. WAC 314-55-089WAC 314-55-092 5-day suspension or $500monetary option 10-day suspension or$2,500 monetary option 30-day suspension Cancellation of license Signs: Failure to postrequired signs. WAC 314-55-086 5-day suspension or $500monetary option 10-day suspension or$2,500 monetary option 30-day suspension Cancellation of license Failure to utilize and/ormaintain traceability(processor or retaillicensee). WAC 314-55-083(4) 5-day suspension or $500monetary option 10-day suspension or$2,500 monetary option 30-day suspension Cancellation of license Violation oftransportationrequirements. WAC 314-55-085 5-day suspension or $500monetary option 10-day suspension or$2,500 monetary option 30-day suspension Cancellation of license Exceeding maximumserving requirements formarijuana-infusedproducts. WAC 314-55-095(2) 5-day suspension or $500monetary option 10-day suspension or$2,500 monetary option 30-day suspension Cancellation of license Failure for a processor tomeet marijuana wastedisposal requirements. WAC 314-55-097 5-day suspension or $500monetary option 10-day suspension or$2,500 monetary option 30-day suspension Cancellation of license Failure to maintainstandardized scalerequirements (processor/retailer). WAC 314-55-099 5-day suspension or $500monetary option 10-day suspension or$2,500 monetary option 30-day suspension Cancellation of license Marijuana processorextraction requirements. WAC 314-55-104 5-day suspension or $500monetary option 10-day suspension or$2,500 monetary option 30-day suspension Cancellation of license Retail outlet sellingunauthorized products. RCW 69.50.357 $1,000 monetary fine $1,000 monetary fine $1,000 monetary fine $1,000 monetary fine Retailer displayingproducts in a mannervisible to the generalpublic from a public rightof way. RCW 69.50.357 $1,000 monetary fine $1,000 monetary fine $1,000 monetary fine $1,000 monetary fine [ 41 ]OTS-5501.4 Packet Page 253 of 355 NEW SECTION WAC 314-55-530 Group 3 license violations. Group 3 violations are violations involving licensing requirements, license classification, and special restrictions. Violation Type 1st Violation 2nd Violation in athree-year window 3rd Violation in athree-year window 4th Violation in athree-year window True party of interestviolation. WAC 314-55-035 Cancellation of license Failure to furnishrequired documents. WAC 314-55-050 Cancellation of license Misrepresentation of fact. WAC 314-55-050 Cancellation of license Operating plan:Violations of a board-approved operating plan. WAC 314-55-020 5-day suspension or $500monetary option 10-day suspension or$1,500 monetary option 30-day suspension Cancellation of license Failing to gain boardapproval for changes inexisting ownership. WAC 314-55-120 30-day suspension Cancellation of license Failure to maintainrequired insurance. WAC 314-55-080 30-day suspension Cancellation of license NEW SECTION WAC 314-55-535 Group 4 marijuana producer violations. Group 4 vi- olations are violations involving the manufacture, supply, and/or dis- tribution of marijuana by marijuana producer licensees and prohibited practices between a marijuana producer licensee and a marijuana re- tailer licensee. Violation Type 1st Violation 2nd Violation in athree-year window 3rd Violation in athree-year window 4th Violation in athree-year window Unauthorized sale to aretail licensee. WAC 314-55-075 $2,500 monetary fine $5,000 monetary fine anddestruction of 25% ofharvestable plants $15,000 monetary fine anddestruction of 50% ofharvestable plants Cancellation of license Failure to utilize and/ormaintain traceability. WAC 314-55-083(4) $2,500 monetary fine $5,000 monetary fine anddestruction of 25% ofharvestable plants $15,000 monetary fine anddestruction of 50% ofharvestable plants Cancellation of license Packaging and/orlabeling violations(producer). WAC 314-55-105 $2,500 monetary fine $5,000 monetary fine anddestruction of 25% ofharvestable plants $15,000 monetary fine anddestruction of 50% ofharvestable plants Cancellation of license Unauthorized product/unapproved storage ordelivery. $2,500 monetary fine $5,000 monetary fine anddestruction of 25% ofharvestable plants $15,000 monetary fine anddestruction of 50% ofharvestable plants Cancellation of license Failure for a producer tomeet marijuana wastedisposal requirements. WAC 314-55-097 $2,500 monetary fine $5,000 monetary fine anddestruction of 25% ofharvestable plants $15,000 monetary fine anddestruction of 50% ofharvestable plants Cancellation of license [ 42 ]OTS-5501.4 Packet Page 254 of 355 Violation Type 1st Violation 2nd Violation in athree-year window 3rd Violation in athree-year window 4th Violation in athree-year window Records: Improperrecordkeeping. WAC 314-55-087WAC 314-55-089 (2) and(4)WAC 314-55-092 $2,500 monetary fine $5,000 monetary fine anddestruction of 25% ofharvestable plants $15,000 monetary fine anddestruction of 50% ofharvestable plants Cancellation of license Violation oftransportationrequirements. WAC 314-55-085 $2,500 monetary fine $5,000 monetary fine anddestruction of 25% ofharvestable plants $15,000 monetary fine anddestruction of 50% ofharvestable plants Cancellation of license Failure to maintainrequired security alarmand surveillance systems. WAC 314-55-083 (2) and(3) $2,500 monetary fine $5,000 monetary fine anddestruction of 25% ofharvestable plants $15,000 monetary fine anddestruction of 50% ofharvestable plants Cancellation of license Failure to maintainstandardized scalerequirements (producer). WAC 314-55-099 $2,500 monetary fine $5,000 monetary fine anddestruction of 25% ofharvestable plants $15,000 monetary fine anddestruction of 50% ofharvestable plants Cancellation of license Violation. NEW SECTION WAC 314-55-540 Information about marijuana license suspensions. (1) On the date a marijuana license suspension goes into effect, a liquor control officer will post a suspension notice in a conspicuous place on or about the licensed premises. This notice will state that the license has been suspended by order of the liquor control board due to a violation of a board law or rule. (2) During the period of marijuana license suspension, the licen- see and employees: (a) Are required to maintain compliance with all applicable mari- juana laws and rules; (b) May not remove, alter, or cover the posted suspension notice, and may not permit another person to do so; (c) May not place or permit the placement of any statement on the licensed premises indicating that the premises have been closed for any reason other than as stated in the suspension notice; (d) May not advertise by any means that the licensed premises is closed for any reason other than as stated in the liquor control board's suspension notice. (3) During the period of marijuana license suspension: (a) A marijuana retailer or marijuana processor licensee may not operate his/her business during the dates and times of suspension. (b) There is no sale, delivery, service, destruction, removal, or receipt of marijuana during a license suspension. (c) A producer of marijuana may do whatever is necessary as a part of the producing process to keep current stock that is on hand at the time of the suspension from spoiling or becoming unsalable during a suspension, provided it does not include processing the product. The producer may not receive any agricultural products used in the produc- tion of marijuana during the period of suspension. [ 43 ]OTS-5501.4 Packet Page 255 of 355 Nile Country Club Golf Course South SnohomishCounty Park Edmonds Marsh EdmondsCommunityCollege Lynndale Park Yost Park Scriber Lake High School MadronaSchoolChevron Oil CompanyChevron Oil Company Meadowdale High School City ParkPine Ridge Park EdmondsWoodwayHigh School EdmondsMemorialCemetery HickmanPark Dale Park Chevron AsphaltCompany Meadowdale Middle School SherwoodElementaryCivic Playfield EvergreenSchool MaplewoodHill Park Seaview Park Olympic View Watershed LynndaleElementarySierra Park Hutt Park WoodwayElementaryEthiopianOrthodoxSaint MichaelChurch MysteriousIsland Chase LakeParkSeaviewElementary St. ThomasMoore School EdmondsElementary 7th and Elm Park MaplewoodSchool Post OfficeWestgateElementary Esperance Park Maple ParkElementary Melody HillSchool PUD HolyRosaryPrivateSchool Swedish Edmonds Chase LakeSchool WestgateChapel Meadowdale Playfield Chase LakeElementary Bracketts Landing North Edmonds Heights K-12 Meadowdale Clubhouse Meadowdale Elementary Meadowdale Beach Park Haines Wharf Park Fire Station 16 Frances Anderson Center Hazel Miller Plaza Snohomish CountyTransfer StationGood Shepherd Baptist Church EdmondsMemorialCemetery EdmondsChurch of God LDSChurchMarina BeachEdmondsMethodistChurch OlympicBaptistChurch UnitarianChurchSouthCountyCourt Christ Lutheran Church WildlifeRefuge Olympic Beach Park Anderson Center Field PUD LineHeadquarters PoliceCourt Pine St.Park Bra c k e t t s Lan d i n g So u t h Sno-Isle Library EdmondsPresbyterianChurch LynnwoodTreatment Plant Seventh Day Adventist Church MaplewoodPresbyterianChurch PostOfficeCity of EdmondsTreatment PlantSt a m m O v e r l o o k P a r k Post OfficeGraceChurchPUD Sub StationWater Tank SalemLutheranChurch St. PetersLutheran Church SeaviewWaterTank EsperanceBapt istChurc hPUD SubStationEdmondsFire StationHummingbird Park Fait h CommunityChurc h WaterTank EFD EdgewoodBaptistChurch Ly nnw oodFi re S tation Pow erStation PUDSub StationCity HallRailroad 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85128510820882048212813382098207820581288127 23620 21507821082068202813281 3 0 8126 242339014 2121721213212092120521219212152121121207820889001840 4 9331914725 920220024 7010 188179947 8507 242376 495 23509235102351423518 21233 21920 23920 7217237257801 1883621914 21913 2191821916 21 9 1 221910 219112190921915 21917 93 10528727 8725 8721 2080320805745 739 9527 76288088009223 93694293294321700 21632 890988118330 8717 8719 258 7029 194231943119507195231950019616 781418109 18113 17734 76TH AVE W22 0T H ST SW M AIN ST EDM ONDS WAY 21 2T H ST SW PIN E ST 100TH AVE W9TH AVE N80TH AVE W8TH AVE S96TH AVE WD AYT O N ST 98TH AVE W9TH AVE S244 TH S T S W/L AK E BA LLIN G E R WA Y D A LEY S T M A PL E S T W ALN U T ST 2 38T H ST SWTALBOT ROAD 224T H ST SW 24 0TH S T S W A LD ER S T 7TH AVE N7TH AVE SP UG E T DR IVE OLYMPIC AVE F IR ST 12TH AVE N95TH PL W3RD AVE NB O W D O IN W A Y 93RD PL W232 ND S T S W2ND AVE N72ND AVE W71ST AVE158TH P L S W75TH PL W73RD PL W1 6 1ST PL SW 1 6 0T H P L S W 66TH PL SW1 6 1S T S T S W 16 2N D P L S W 162N D ST S W 7 0 T H P L S W72ND AVE W1 6 3 R D PL SW 164T H ST SW66TH AVE W1 63R D P L SW 1 6 2 N D 163RD PL SW 165T H PL SW M A G N O LIA LN CE D AR S T W A LN UT ST AL DE R S T 75TH AVE W90TH AVE W2 42N D ST SWA AVE SN . 20 5TH ST 92ND AVE W104TH AVE W6TH AVE N23 4TH S T S W10TH AVE NC ASPE RS ST C AVE SMAPLEWOOD DR NW TRACTION R/WC ED A R ST 1 84TH S T S W SUNSET AVE N106TH AVE WEL M S T 4TH AVE N21 0TH S T S W MEADOWDALE ROAD 206T H ST SW 23 1ST S T S W 222N D S T S W81ST PL W81ST AVE W97TH PL WS PR A G U E S T F I R D A L E A V E 165TH PL SW 76TH AVE WMEADOWDALE RD 67TH AVE W66TH AVE W65TH AVE WMEADOWDALE BEACH RD 74TH PL WBURLINGTON NORTHEN RAILROADBER T O LA RD 171ST ST S W 75TH PL W76TH AVE W1 6 9TH PL W 73RD PL W68TH AVE WOLYMPIC VIEW DRM E AD OWDALE BEAC H R D OLYMPIC VIEW DR1 7 5 T H P LBRAEMAR D R S IE RR A D R 80TH AVE W83RD AVE W1 96T H ST SW M AP L E ST 72N D PL W 2 33rd S t S W9TH AVE SF RE D ER IC K PL 1 79TH S T S W S IER R A D R ADMIRAL WAY 78TH AVE W77TH PL WMA PL E L AN E 1 5 T H S T S W 86TH AVE W82ND AVE W97TH AVE WH O LL Y L AN E S PR U C E S T 102ND PL W2 3 7 TH P L S W C H ER R Y ST 217T H ST SW 199TH S T S W HIG H S T 1 7 5 TH S T S W JAMES ST 95TH AVE WELM PL 83RD AVE W174TH S T S WBURLINGTON NORTHEN RAILROADTALBOT RDTALBOT R D 76TH AVE W69TH AVE WS O U ND VI E W DRS O UND VI EW LN 18 0TH S T S W74TH AVE W73RD AVE W1 7 9 T H S T S W HOMEVIEW DRRID G E W A Y O L Y MPI C VIEW DROLYM P IC VIEW D R OLYMPIC VIEW DR TALBOT RDVISTA DEL MAR DR91ST PL W184T H ST SW 76TH AVE WO LYMPIC VIEW DR E OLYMPIC VIEW DR76TH AVE W1 86TH S T S W 18 8TH S T S W84TH A V E W81 ST AV E W85TH PL W92ND AVE WHIGH STOLYMPIC VIEW DR94TH AVE W188 TH S T S W SOUND VIEW PL 86TH AVE W88TH AVE W91ST AVE WOLYMPIC VIEW DRDRIFTWOOD LANE H IN DLEY LA NE WILLOWICK L N 91ST AVE WRAILROAD AVE 202N D PL SW10TH PL NM A D R O NA L A N E 5TH AVE N107TH PL W201S T ST SW 106TH PL WC A R O L W AY 172N D S T S W H IN D LEY LA N E 83RD PL W1 01S T A VE W 240T H PL SW 104TH PL WH EM L O CK W AY PIONEER WAY 84T H AV E W H O WE LL W A Y 169T H PL R O B BE R S R O O S T/2 35TH P L S WSUNSET AVE S170TH PL SW ELM W AY P A R A DIS E L A N E G L EN S T ANDOVER ST89TH PL W10TH AVE SSOUNDVI EW DR 2 4 1 S T P L S WBURLINGTON NORTHERN RAILROAD19 1ST PL SW 88TH AVE W89TH AVE W192 ND S T S W 84TH AVE W192N D S T S W DELL W O OD DR1 9 1 ST ST SW 76TH AVE W76TH AVE W196 TH ST S W80TH AVE WV IE WL AN D W AY 8TH AVE NINTERSTATE 5188TH P L S W 68TH A VE W88TH PL WH EM L O CK S T 80TH PL W6TH PL S74TH PL W85TH AVE WCY R US PL 231ST PL SW238TH PL SW82ND PL WALO H A S T WHARF ST 2ND AVE SPINE ST 8TH PL S11TH PL NS IER R A PL H O LL Y D R 21 3TH P L SW 94TH PL W92ND PL W88TH AVE W75TH PL W99TH PL W87T H AV E W 190TH PL SW LA UR E L S T 14 TH S T S W 93RD AVE W2 07TH P L S W 205T H PL SW 69TH AVE W19 4TH S T S W 13T H W A Y 105TH PL WSEA VISTA PL 94TH PL P UGET D R I V E 88TH AVE W1 98TH S T S W 76TH AVE W200TH S T SW 202 ND S T S W 201S T S T S W 200TH ST SW 80TH AVE W84TH AVE WBLA K E P L OCEAN AVE 216T H PL S W 164TH P L S W 214TH P L S W PUGET LANE 78TH PL W22 9TH P L S W G I NA P L B IR C H ST 98TH PL WCORONADO PL 208T H P L S W NO T TIN G H A M LA N E SH E L L V A L L E Y R O A D 198TH S T S W DRIFTWOOD PL M AP LE WA Y 187TH P L S W LU N D'S G U LC H RO A D 215 TH S T S W 173R D S T S W EU C L I D A V E 191S T P L S W 73RD PL W79TH PL W79TH AVE W85TH PL W102ND AVE WSEALAWN D R 20 7TH S T S W 69TH PL W1 86TH P L S W 209T H P L S W 24 3R D PL S W 89TH AVE WSOMERSET LANE 96TH PL W1 76TH P L S W 177T H S T SW CAROL WAY VIS TA P LOLYMPIC AVE8TH AVE NBR O O K M E RE D R BROOKMERE DR CARY ROADHANNA PARK2ND AVE N2ND AVE N3RD AVE NC AR O L WA Y 3RD AVE NBELL ST MAIN ST 6TH AVE ND AYT O N ST FO R S YT H LAN E DALEY PL HO M EL AN D D R 195TH S T S W84TH PL WM E LO D Y LA N E 242N D P L S W M O U NT AI N LAN E B R O O K M ER E D R 87TH PL W1 68th PL S W SOUND VIEW PL HILLCREST PL S AT ER L AN E 229TH S T S W P U G ET W AY 179T H PL SW C A SC A DE D R W AT ER S T 90TH PL W157TH PL SW12 TH PL N GRANDVIEW ST 21 8TH P L W 201S T P L S W NORTHSTREAM LANE 198T H PL SW PA R K R O A D E M E R ALD H ILL S D R 204TH PL S W W DAYTON ST 3RD AVE S4TH AVE SEDMONDS WY/SR 1046TH AVE S5TH AVE S7TH AVE NW ALN UT S T 5TH AVE S7TH AVE SHEM LOCK W AY SE AM O NT LN E R BE N D R3RD AVE SPIN E S T ELM WA Y B AVE SBE LL S T10TH AVE N101ST PL WSHELL PL FIR P L 22 8TH P L S W 7 7 TH AVE WRAILROAD ST 7TH PL SV IST A W A Y 1 57TH S T S W 1 9 9T H P L 227T H PL S W 85TH AVE WSKYLINE DR G ILT N ER LA N E POPLAR WAY 14TH W AY 8 9TH PL 221S T PL S W 2 35th S T S W 22 4th P L S W B O A T L A U N C H V IEW LA N D W A Y DURBIN ST 215TH P L S W 1 82N D PL SW 240T H ST 158 TH S T WOODLAKE DR DRIFTWOOD LN 6TH PL 2 20TH P L S WVIEW PL HIGHLAND DR ALAN A DALE PL 10TH PL SEX C EL SIO R P L AL O HA W AY 10TH PL NDA LE Y ST9TH AVE N12TH PL N12T H AV E N H IG H L A N D D R SKYLINE DR M AIN ST 85T H PL W88TH AVE WMAPLEWOOD DRMA IN S T PARK RDMA I N S TSHELL VALLEY WY83RD AVE W82ND AVE W2 11TH P L80TH AVE W82ND AVE W81ST AVE W80TH AVE W80TH AVE W76TH AVE W77TH AVE W208 TH S T S W 72N D A VE WHWY 9968T H A V E W 212 T H S T SW HWY 99NW TRACTION R/W 216 TH ST S W 23 3R D PL S W SIE R R A S T SEALA W N PL S P RU C E PL 76TH PL WBI RC H P L 80TH WY FO R E S T D EL L D R 233R D S T S W Sunse t WayC AS C A DE LA N E 2 0 9 T H S T S W LINDSAY PL L AU R EL WA Y 1 96TH P L S W 15TH WAY SW1 05TH A VE W 203 RD P L S W 18 4TH P L S W 210TH P L S W LAU R E L LA N E ALOHA PL V IE WM O O R PL 2 17TH P L S W 20 6TH P L 2 05TH S T LITTLE 180T H P L 8 7 TH PL 76TH PL W70TH PL W91ST AVE W219T H ST SW 203R D ST S W 68TH AVE W70TH AVE WHWY 992 20T H ST S W 226T H ST SW 227T H P LLAKE VIEW DRIVE74TH AVE W72ND AVE W229TH ST SW 230TH ST SW 229TH PL SW75TH AVE W74TH AVE W236TH S T S WMCALEE R W A Y 23 7TH S T SW74TH AVE W74TH AVE WBEESON PL240T H PL SW 22 5TH S T86TH PL W1 87TH S T S W 86TH PL W 80T H PL W90TH P L W TE S SA W Y 8TH AVE N7 4 TH PL W70T H AV E W 215T H ST SW 78TH AVE W 22 6TH P L 2 42N D PL SW 8TH PL S73RD AVE W89TH AVE W 76TH AVE W80TH LN23 8TH S T S W HWY 9976T H AV E WHWY 9981S T PL WHWY 9980TH AVE W226T H S T SW 225T H PL SW 76TH AVE W224T H ST SW 2 23R D ST SW82ND PL W218TH S T S W 80TH AVE W76TH AVE W239TH ST SW 237TH PL SW G LEN S T 7 T H P L S ED MO N D S ST 101ST AVE W164TH P L S W71ST PL WE LM P L 74TH PL W204T H S T SW 88TH PL W1 8 1 S T P L 70TH AVE W23 1ST S T S W 1 9 1 S T S T S W 242ND PL72ND AVE W95TH AVE W 77TH PL W 203R D S T S W 78TH AVE W93RD PL W 2 34TH P L 18 1ST PL SW 80TH PL241S T S T SW SUMMIT LN86TH PL W87 T H PL W88TH AVE W88TH PL W22 0T H S T SW 84TH AVE W88TH AVE W90TH AVE W85TH AVE2 2 4 TH S T S W 87TH PL W87TH AVE W2 2 4 TH S T S W 86TH AVE W2 28 TH ST S W 88TH AVE W90TH AVE W232ND ST SW231S T P L S W E D M O N D S WA Y 84TH AVE W240 TH ST S W 89TH PL W89TH PL W90TH AVE W87TH PL W2ND AVE S18 9TH P L 78TH P L W78TH PL W1 8 1 S T P L S W 2 02N D PL SW 73R D AV E W 85TH PL W81ST PL WEDMONDS ST 87TH AVE W1 82N D ST 77TH A VE W 79TH AVE W 84TH AVE W236T H ST SW 237T H P L S W 189T H PL SW 2 19TH S T S W 90TH PL W78TH PL W238 TH S T S W 80TH PL W2 4 2 N D PL S W12TH PL N182 ND P L S W 244T H ST SW /205 TH ST N W 2 4 2ND PL SW242ND ST92ND AVE W24 2N D ST SW97TH PL W92ND AVE W81ST AVE W7TH AVE S 90TH AVE W 66TH PL W 84TH AVE W211T H P L 72ND PL W8TH AVE S 81ST AVE2 26T H PL SW 78TH P L W 23 0TH S T S W 79TH PL W 86TH PL W 2 21ST P L C AS C AD E D R 236T H ST SW 2 34TH S T S W94TH PL W99TH PL W235T H PL 236T H PL 97TH PL W231S T P L S W 94TH AVE W98TH AVE W96TH AVE W95TH PL W228 T H S T SW 227TH PL SW 226T H P L S W99TH AVE W99TH PL W93RD PL W92ND AVE W98TH AVE W2 20T H ST SW 96TH AVE W93RD AVE92ND AVE W216TH S T S W 77 T H PL W 20 7TH P L S W B E LL S T 1 93R D PL SW 194T H PL S W 197TH S T 82ND PL W20 2N D P L S W 190T H ST SW 99TH PL W 192ND ST SW 85TH AVE W2 4 1 S T P L S W 243R D P L SW 6TH AVE S AL DE R ST 238T H S T SW 218 TH S T S W84TH PL W78TH AVE W 96TH PL W93RD PL W BU R LIN G TO N N O R TH ER N R A ILR O AD 2 19TH S T S W 68TH AVE W 170TH P L S W 171S T P L SW 172N D P L S W 172N D P L S W 17 2N D P L S W 172N D ST SW MEADOWDALE DR173R D ST SW 172N D ST SW MEADOWDALE DR1 6 5 TH PL SW 62ND AVE WOLYMPIC VIEW DR167TH P L S W 1 6 9 T H PL W170TH PL W1 7 5T H ST SW 173R D PL S W 86TH AVE W204T H ST SW 86TH PL W182N D P L 236 TH PL 89TH PL W76TH PL WE D M O N DS S T 19 8 TH ST SWV IS TA WAY 186 TH ST S W 21 7TH S T S W 95TH PL W 233 RD P L 101ST PL W 87TH AVE W17 3R D ST SW 107TH PL W 78TH PL W 82 ND P L W P INE ST 92ND AVE W92ND PL W95TH PL WBOWDOIN WAY96TH AVE WEDMONDS WAYELM W A Y 8TH AVE SE D M O N DS W AY 1 4TH W AY 14TH WAY106TH PL WE D M O N DS W AY 100TH AVE W23 1ST ST SW JOHN CT232 ND S T SW R O B IN HO O D D R HUMBER LNWEST GREYSTONE LN1 7 0 T H P L S W 94TH PL W 95TH PL W 97TH PL W 209 TH S T S W 68TH AVE W190TH S T S W 2 36T H ST SW 77TH PL W18 9TH P L S W 240TH P L S W 77TH AVE223R D S T S W 83RD PL W 213 TH S T S W 72ND AVE W2 42N D PL SW 80TH AVE W 2 28TH S T S W 160T H ST SW FRIAR T U C K L NROBI N HOOD DR2 3 7 TH P L S W 101ST PL W101S T AV E W100TH AVE W102ND PL W100TH AVE W244T H ST SW 101ST AVE W104TH AVE W244 TH S T S W/2 05TH S T N WEAST GREYSTONE LNTO TE M P O LE LN EA G E L L N / 2 4 2 N D S T S W BE RR Y LN /243R D P LTIMB ER LN114TH A VE W IVY R D/ 240TH S T S W 239TH P L S W WEST WOODWAY LN239TH P L S W 78TH AVE W 71ST AVE W84TH PL W85TH PL W20 4TH S T S W AL O HA S T 192ND PL S W 78TH PL WB R O O KM ER E D R 7 5 T H P L W106TH PL W78TH AVE W 83RD AVE W74TH AVE W78T H A V E W82ND PL W S PR U C E S T 79TH AVE W92ND AVE W 2ND AVE S 238TH S T S W 236TH P L S W 111TH P L W110TH P L W113TH P L W63RD AVE W62ND AVE W63RD AVE W62ND AVE W66TH AVE W16 8TH S T S W68TH AVE W2 25TH P L 156 TH ST S W 82ND AVE W93RD AVE W 87TH AVE W242 ND S T S W 67TH AVE W77 TH PL W 206 TH S T S W 230TH S T SW 74TH A VE W 91ST AVE W 22 7 T H P L S W 90TH PL W 80TH PL W75TH PL W2 44TH S T S W /205T H ST N W 226 TH PL SW PIN E S T 208 TH S T S W 115TH P L W112TH P L W 236TH P L S W WO O D H AV E N P L 110TH P L S WWO O D W AY P AR K RDTIMB ER LNBU R LIN G TO N N O R TH ER N R A ILR O AD116TH A VE WBU R LIN G TO N N O R TH ER N R A ILR O AD WA C HU S ET T R O A D WA C HU S ET T R O A DWO O D W AY P AR K RDWO O D W AY P AR K RD NOR T H D E E R D R S O U T H D E E R D R 108TH A VE WDO G W O O D P L S O U TH DOGWOOD LN NO R T H D E ER D RDO G W O O D LN DO G W O O D L N A L G O NQ U IN R DWOODWAY PARK RDKU SH A N R D NO R T H D O G W O O D LN N O R T H D O G WOOD LN MAKAH RDW HI T CO M PL WOODWAY PARK RD3RD AVE S73RD PL W 191S T S T 18 1ST PL SW 99TH AVE W236T H P L S W 1 85TH P L S W 225T H PL SW E LM W AY 78TH PL W2 22N D ST SW 194T H ST SW 79TH PL W 85T H PL W 2 1 7 T H S T SW180 TH ST S W SEA VISTA PL ELM ST B ELL A C O O LA R D CHINOOK PL/117TH PL WNOOTKA RDMAKAH RDM A KA H RD PO IN T ED W AR D S PL 216T H ST S W 3RD AVE S4TH AVE S7TH AVE S6TH AVE S6TH AVE S9TH AVE S8TH AVE S2ND AVE S3RD AVE S4TH AVE S82ND PL W230TH S T S WPIONEER WY 2 35TH S T S W 69TH PL W107TH PL W78TH PL W 81ST AVE W 232 ND P L S W 77TH PL W229TH S T S W 82ND AVE W 18 5TH P L S W 193R D P L S W 88TH AVE W86TH PL W240TH S T S W BIRCH ST 1 8 3 R D P L S W 97TH AVE W207TH P L 86TH AVE W94TH AVE W236TH S T S W 185T H PL SW 80TH PL W Q UA IL LN 164T H PL S W 1 64TH P L S W64TH AVE W228 T H S T SW 71ST PL W168TH S T S W 173R D ST SW 174TH S T S W 173R D P L S W 176TH S T S W66TH P L W 175TH P L 2 32N D ST SW 82ND PL W2 14TH P L S W 222N D S T S W 176 TH ST S W 242ND PL SW 243R D P L SW 235 TH PLOLYMPIC VIEW DR 74TH AVE W2 04TH PL SW 70TH PL WS PR A G UE S T 83RD AVE W229T H PL SW 80TH PL W FIR P L MAPLE W O O D LN 172 N D PL SW 13TH W AY 64TH A VE W62N D AV E W65TH P L W65TH A VE W66TH P L W67TH P L W64TH A VE W65TH A VE W62N D PL W 177TH P L S W 178TH S T S W 178TH P L S W178TH P L S W 180TH S T S W 225T H PL S W83RD AVE W83RD AVE W192N D PL SWOLYMPIC VIEW DR 89TH A VE W 79TH AVE W 178T H PL SW PU G E T W A Y 81ST PL W172 ND S T S W 21 5TH S T S W 105T H PL W91ST AVE W85TH PL W 89TH PL 77TH AVE W VIS TA P L 7TH PL S 86TH PL W 188TH S T S W 185TH P L S W 187TH P L S W 189TH P L S W PE NN Y LN 64TH A VE W66TH A VE W67TH A VE W61ST PL W 189TH P L S W 190TH S T S W 191S T P L S W 17 1ST ST SW 184 TH ST S W 95TH PL W86TH PL W1 9 4 TH P L 85T H PL W 185T H S T SW 2 18TH S T S W 198T H P L S W 82ND AVE W229 TH PL 224T H ST SW 24 0TH P L S W 81ST PL W2 2 7 T H S T SW 81ST PL W4TH AVE S180TH S T SW 90TH AVE W 81ST AVE WV IEW LA N D WA Y 94TH AVE W 187T H PL SW 8TH AVE N228T H ST SW 65TH P L W64TH A VE W62N D PL W 1 8 6 T H ST SW 18 5TH P L SW61ST PL W66TH P L 185TH S T S W 185TH S T S W 183R D PL S W 182N D ST SW 183R D PL S W 181S T P L SW 183R D PL S W 182N D PL S W 183R D S T S W 182N D S T S W 63R D CT62N D PL W67TH A VE W 181S T S T S W 181S T S T S W 63R D PL67TH AVEFIR E R D69TH P L W71ST AV E W 192N D S T S W 191S T P L S W 191S T S T S W72N D AV E W92ND AVE W86TH AVE W86TH PL W21 5TH P L S W 97TH AVE W 20 0T H ST SW 78T H A V E W 22 6TH P L S W8TH AVE N P U G ET D R 2 0 5 T H PL SW 82ND AVE W164TH S T S W 2 2 6 TH ST S W 77TH PL W20 2N D S T SW 96TH AVE W239TH PL SW160T H ST SW 82N D AV E W 2 2 9 T H ST SW 68TH A VE W68TH A VE WBLU E R IDG E D R70TH A VE W71ST AV E W 185TH S T S W 185TH P L S W 187TH P L S W 186T H 188T H ST SW 79TH PL W22 6TH S T S W 79TH AVE W 24 0TH P L 202N D ST S W 83RD PL74TH PL W72ND AVE W 14 TH W AY 215T H ST SW 175TH ST S W 77TH AVE 182 ND P L S W 98TH PL W86TH AVE W 106 TH PL W 241S T S T 214 TH PL SW 90TH A VE W80TH AVE W82ND AVE W2 2 1 S T S T S W 174TH ST SW 2 1 5 TH S T SW 83RD PL225TH P L S W 69TH P L W68TH P L W70TH A VE W75TH A VE W191 S T ST SW 74TH A VE W 192N D P L S W 192N D P L S W 69TH P L W70TH A VE W71ST PL W72N D PL W73R D AV E W 193R D P L S W 194TH P L S W 194TH P L S W 1 9 3 R D P L S W 73R D PL 194TH S T S W 72N D PL 190TH S T S W 190TH S T S W 191S T S T S W 192N D P L S W66TH P L W102ND PL W77TH AVE W 216T H ST SW 84TH AVE W72ND AVE W12TH AVE N 182 ND S T S W 187T H PL S W 72ND AVE W101S T A VE W81ST AVE W194T H ST SW 86TH AVE W187T H ST SW 86TH PL W81ST AVE W2 21S T P L S W 2 16TH S T S W 224T H ST SW 73RD PL W 83RD AVE W 74TH PL 61ST PL W63R D PL W PA RK WY DALE WY 189TH P L S W 189TH P L S W 67TH A VE W 193R D S T S W 193R D S T S W 194TH S T S W 195TH P L S W 196TH S T S W66TH A VE W 196TH S T S W 197TH S T S W HE IN Z P L69TH P L W71ST PL W73R D AV E W 18 9 T H S T S W 68TH A VE W75TH A VE 201S T P L 74TH P L W75TH P L W73R D AV E W 204T H ST SW 203 RD P L S W G LE N S T HWY 99204T H ST SW 63R D P L W61S T P L W63R D AV E W6 1ST AV E W 6 0TH A VE W 208TH S T S W 2 10TH S T S W 2 12TH S T S W6 6TH A VE W67 TH A VE W N W TR AC TIO N R /W N W TR AC TIO N R /W 21 4TH S T S W 213T H PL SW 215T H S T SW67TH AVE W66TH AVE W61ST PL W61ST PL W216T H ST SW 21 8TH S T S W 219T H ST SW66TH AVE W64TH AVE W220T H S T SW 68TH PL W68TH AVE W222N D S T S W 2 24TH S T S W 22 4TH S T S W 220 TH PL 221S T P L 2 21S T P L S W 223R D P L 223RD PL SW67TH PL W68TH AVE W66TH AVE W65TH AVE W64TH AVE W67TH PL W66TH PL W2 26TH S T S W 225T H PL 2 2 5 TH PL SW 225T H PL S W 2 26TH S T S W 227T H PL SW67TH PL W63RD PL W62ND AVE W62ND AVE W225 TH PL 61ST AVE W2 2 7T H ST SW 68TH AVE W67TH PL W66TH PL65TH PL64TH PL W61ST AVE W2 28TH S T S W 229TH P L 23 0TH S T S W 228 TH S T S W 230T H ST SW 68T H A V E W 230TH ST SW 231ST ST SW 63RD AVE W63RD PL66TH AVE W67TH PL W66TH AVE W67TH PL W23 2N D ST SW 232N D P L S W 232N D S T S W 232N D P L 232 ND P L233 P L 2 3 4 T H P L 233R D S T S W 234TH ST SW 234TH ST 64TH AVE W63RD AVE W63RD AVE W66TH AVE W2 34TH P L 2 3 4 T H P L 235TH P L 65TH PL W67TH AVE W234T H ST S W235TH ST SW 231S T S T S W 92ND AVE W91ST AVE WNW TRACTION R/W78TH PL W236T H ST SW8TH AVE NAlbion W ay85th Ave W5TH AVE S6TH AVE SA AVE S7TH AVE SB AVE SC A VE S 17 8TH P L S W 69TH PL WINTERSTATE 5BURLINGTON NORTHERN RAILROADI-5 99 0 0.5 10.25 Mile Edmonds City Limits Buffer Properties Buffer Type PARK ARCADE CHILDCARE CENTER RECREATION CENTER SCHOOL TRANSIT CENTER Coordinate System: NAD 1983 StatePlane Washington North FIPS 4601 FeetProjection: Lambert Conformal ConicDatum: North American 1983Units: Foot US October 2013 Path: \\imapserver\GIS\Projects\Planning\Marijuana\I-502_Buffer.mxdPuget SoundEveret Shoreline Seatle EDMONDS City of Edmonds121 5th Ave NEdmonds, WA 98202 The state liquor control board shall not issue a license for any premises within one thousand feet of the perimeter of the grounds of any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, or library, or any game arcade admission to which is not restricted to persons aged twenty-one years or older. This document is for general information purposes only and is provided on an 'as is' and 'as available' basis. The data used comes from a variety of public sources and no warranty of any kind is given as to its accuracy. Users of this document agreeto indemnify and save harmless the City of Edmonds, its officials, officers, employees and/or agents from and against any claim, demand or action, arising out of any use or possession of this document . 1 inch = 860 feetPuget SoundLakeBallinger Edmonds M a ri n a City of Edmonds Washington I-502 Buffer Packet Page 256 of 355 u.s. Department of Justice Office of the Deputy Attorney General The Deputy Attorney General HUshington, D.C. 20530 August 29,2013 MEMORANDUM FOR ALL UNITED_~S ATTORNEYS FROM: James M. Cole ~~ Deputy AttorneyGeneral SUBJECT: Guidance Regardin g Marijuana Enforcement In October 2009 and June 2011, the Department issued guidance to federal prosecutors concerning marijuana enforcement under the Controlled Substances Act (CSA). This memorandum updates that guidance in light of state ballot initiatives that legalize under state law the possession of small amounts of marijuana and provide for the regulation of marijuana production, processing , and sale. The guidance set forth herein applies to all federal enforcement activity , including civil enforcement and crimina l investigations and prosecutions , concerning marijuana in all states. As the Department noted in its previous guidance, Congress has determined that marijuana is a dangerous drug and that the illegal distribution and sale of marijuana is a serious crime that provides a significant source of revenue to large-scale criminal enterprises, gangs, and cartels. The Department of Justice is committed to enforcement of the CSA consistent with those determinations. The Department is also committed to using its limited investigative and prosecutorial resources to address the most significant threats in the most effective , consistent, and rational way. In furtherance of those objectives, as several states enacted laws relating to the use of marijuana for medical purposes , the Department in recent years has focused its efforts on certain enforcement priorities that are particularly important to the federal government: • Preventing the distribution of marijuana to minors; • Preventing revenue from the sale of marijuana from going to criminal enterprises, gangs, and cartels; • Preventing the diversion of marijuana from states where it is legal under state law in some form to other states; • Preventing state-authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity; Packet Page 257 of 355 Memorandum for All United States Attorneys Subject: Guidance Regarding Marijuana Enforcement • Preventing violence and the use of firearms in the cultivation and distribution of marIJuana; • Preventing drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use; Page 2 • Preventing the growing of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana production on public lands; and • Preventing marijuana possession or use on federal property. These priorities will continue to guide the Department's enforcement of the CSA against marijuana-related conduct. Thus, this memorandum serves as guidance to Department attorneys and law enforcement to focus their enforcement resources and efforts, including prosecution, on persons or organizations whose conduct interferes with anyone or more of these priorities, regardless of state law.! Outside of these enforcement priorities, the federal government has traditionally relied on states and local law enforcement agencies to address marijuana activity through enforcement of their own narcotics laws. For example, the Department of Justice has not historically devoted resources to prosecuting individuals whose conduct is limited to possession of small amounts of marijuana for personal use on private property. Instead, the Department has left such lower-level or localized activity to state and local authorities and has stepped in to enforce the CSA only when the use, possession, cultivation, or distribution of marijuana has threatened to cause one of the harms identified above. The enactment of state laws that endeavor to authorize marijuana production, distribution, and possession by establishing a regulatory scheme for these purposes affects this traditional joint federal-state approach to narcotics enforcement. The Department's guidance in this memorandum rests on its expectation th at states and local governments that have enacted laws authorizing marijuana-related conduct will implement strong and effective regulatory and enforcement systems that will address the threat those state laws could pose to public safety, public health, and other law enforcement interests . A system adequate to that task must not only contain robust controls and procedures on paper; it must also be effective in practice. Jurisdictions that have implemented systems that provide for regulation of marijuana activity 1 These enforcement priorities are listed in general terms; each encompasses a variety of conduct that may merit civil or criminal enforcement of the CSA. By way of example only, the Department's interest in preventing the distribution of marijuana to minors would call for enforcement not just when an individual or entity sells or transfers marijuana to a minor, but also when marijuana trafficking takes place near an area associated with minors; when marijuana or marijuana-infused products are marketed in a manner to appeal to minors; or when marijuana is being diverted, directly or indirectly, and purposefully or otherwise, to minors . Packet Page 258 of 355 Memorandum for All United States Attorneys Page 3 Subject: Guidance Regarding Marijuana Enforcement must provide the necessary resources and demonstrate the willingness to enforce their laws and regulations in a manner that ensures they do not undermine federal enforcement priorities. In jurisdictions that have enacted laws legalizing marijuana in some form and that have also implemented strong and effective regulatory and enforcement systems to control the cultivation, distribution, sale, and possession of marijuana, conduct in compliance with those laws and regulations is less likely to threaten the federal priorities set forth above. Indeed, a robust system may affirmatively address those priorities by, for example, implementing effective measures to prevent diversion of marijuana outside ofthe regulated system and to other states, prohibiting access to marijuana by minors, and replacing an illicit marijuana trade that funds criminal enterprises with a tightly regulated market in which revenues are tracked and accounted for. In those circumstances, consistent with the traditional allocation of federal-state efforts in this area, enforcement of state law by state and local law enforcement and regulatory bodies should remain the primary means of addressing marijuana-related activity. If state enforcement efforts are not sufficiently robust to protect against the harms set forth above, the federal government may seek to challenge the regulatory structure itself in addition to continuing to bring individual enforcement actions, including criminal prosecutions, focused on those harms. The Department's previous memoranda specifically addressed the exercise of prosecutorial discretion in states with laws authorizing marijuana cultivation and distribution for medical use. In those contexts, the Department advised that it likely was not an efficient use of federal resources to focus enforcement efforts on seriously ill individuals, or on their individual caregivers. In doing so, the previous guidance drew a distinction between the seriously ill and their caregivers, on the one hand, and large-scale, for-profit commercial enterprises, on the other, and advised that the latter continued to be appropriate targets for federal enforcement and prosecution. In drawing this distinction, the Department relied on the common-sense judgment that the size of a marijuana operation was a reasonable proxy for assessing whether marijuana trafficking implicates the federal enforcement priorities set forth above. As explained above, however, both the existence of a strong and effective state regulatory system, and an operation's compliance with such a system, may allay the threat that an operation's size poses to federal enforcement interests. Accordingly, in exercising prosecutorial discretion, prosecutors should not consider the size or commercial nature of a marijuana operation alone as a proxy for assessing whether marijuana trafficking implicates the Department's enforcement priorities listed above. Rather, prosecutors should continue to review marijuana cases on a case-by-case basis and weigh all available information and evidence, including, but not limited to, whether the operation is demonstrably in compliance with a strong and effective state regulatory system. A marijuana operation's large scale or for-profit nature may be a relevant consideration for assessing the extent to which it undermines a particular federal enforcement priority. The primary question in all cases -and in all jurisdictions -should be whether the conduct at issue implicates one or more of the enforcement priorities listed above . Packet Page 259 of 355 Memorandum for All United States Attorneys Subject: Guidance Regarding Marijuana Enforcement Page 4 As with the Department's previous statements on this subject, this memorandum is intended solely as a guide to the exercise of investigative and prosecutorial discretion. This memorandum does not alter in any way the Department's authority to enforce federal law, including federal laws relating to marijuana, regardless of state law. Neither the guidance herein nor any state or local law provides a legal defense to a violation of federal law, including any civil or criminal violation ofthe CSA. Even in jurisdictions with strong and effective regulatory systems, evidence that particular conduct threatens federal p ri orities will subject that person or entity to federal enforcement action, based on the circumstances. This memorandum is not intended to, does not, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any party in any matter civil or criminal. It applies prospectively to the exercise of prosecutorial discretion in future cases and does not provide defendants or subjects of enforcement action with a basis for reconsideration of any pending civil action or criminal prosecution. Finally, nothing herein precludes investigation or prosecution, even in the absence of anyone of the factors listed above, in particular circumstances where investigation and prosecution otherwise serves an important federal interest. cc: Mythili Raman Acting Assistant Attorney General, Criminal Division Loretta E. Lynch United States Attorney Eastern District of New York Chair, Attorney General's Advisory Committee Michele M. Leonhart Administrator Drug Enforcement Administration H. Marshall Jarrett Director Executive Office for United States Attorneys Ronald T. Rosko Assistant Director Criminal Investigative Division Federal Bureau of Investigation Packet Page 260 of 355 Packet Page 261 of 355 Packet Page 262 of 355 Packet Page 263 of 355 Packet Page 264 of 355 Packet Page 265 of 355 Packet Page 266 of 355 Packet Page 267 of 355 Packet Page 268 of 355 Packet Page 269 of 355 Packet Page 270 of 355 Packet Page 271 of 355 Packet Page 272 of 355 Packet Page 273 of 355 Packet Page 274 of 355 Packet Page 275 of 355 Published on Washington State Liquor Control Board (http://liq.wa.gov) Home > Marijuana License Application Window Now Closed Marijuana License Application Window Now Closed NOTE: The 30-day license application window has now closed. The application window closed at 5:00 p.m. on Friday, December 20, 2013. If your business deals with the production, processing or sale of recreational marijuana in Washington State, you need a marijuana license. A marijuana license is an endorsement on your Business License issued by the Washington State Department of Revenue (DOR) Business Licensing Service. You must complete the Business License Application even if you already have a Business License, along with a Liquor Control Board Marijuana Addendum. If you are forming a corporation or limited liability company (LLC), you must register with the Washington Secretary of State's [1] (SOS) office before filing an application with BLS. The Washington State Liquor Control Board (WSLCB) will not issue a license to a corporation or LLC that is not registered with the SOS. Be sure to include the UBI number issued by the SOS for all license applications and filings. Note: SOS filing fees are non-refundable and all information received by SOS is public record. After you submit your marijuana license application, the WSLCB will help you through the licensing process and ultimately decide whether to approve or deny your application. Application process for marijuana licenses Use the descriptions in the links below to figure out what type of marijuana license you need: z Producer license descriptions and fees [3] z Processor license descriptions and fees [4] Note Regarding Medical Marijuana: The WSLCB has no authority over medical marijuana. If you are looking for information about co-operative gardens or any other activity related to medical marijuana, see chapter 69.51A RCW [2]. Page 1 of 2Marijuana License Application Window Now Closed 1/2/2014http://liq.wa.gov/print/5659 Packet Page 276 of 355 z Retailer license description and fees [5] You may need additional local, state and federal licenses for your business that are not covered under the Business License Application. For more information on licensing requirements for your business, contact the Department of Revenue, Business Licensing Service [6] at 1-800-451-7985 or BLS@dor.wa.gov [7]. Submit your paperwork and fees (starting November 18, 2013) To see your application options please visit the Business Licensing Service's marijuana web page [8]. Copyright © 2013 Washington State Liquor Control Board Source URL:http://liq.wa.gov/mjlicense/apply_for_a_marijuana_license Links: [1] http://www.sos.wa.gov/corps/ [2] http://apps.leg.wa.gov/rcw/default.aspx?cite=69.51A [3] http://liq.wa.gov/node/5668 [4] http://liq.wa.gov/node/5669 [5] http://liq.wa.gov/node/5670 [6] http://bls.dor.wa.gov/index.aspx [7] mailto:BLS@dor.wa.gov [8] http://bls.dor.wa.gov/marijuana.aspx Page 2 of 2Marijuana License Application Window Now Closed 1/2/2014http://liq.wa.gov/print/5659 Packet Page 277 of 355 Published on Washington State Liquor Control Board (http://liq.wa.gov) Home > Producer License Descriptions and Fees Producer License Descriptions and Fees NOTE: The board will initially limit the opportunity to apply for a marijuana producer, processor or retail license to a thirty-day calendar window beginning November 18, 2013. Non-Retail Licenses Marijuana Producer Tier 1 z $250 Application Fee (Non-Refundable) z $1000 Annual Fee for Issuance and Renewal To produce marijuana for sale at wholesale to marijuana processor licensees and to other marijuana producer licensees. Tier 1 allows for two thousand square feet or less of dedicated plant canopy. Any entity and/or principals within an entity are limited to no more than three marijuana producer licenses. Marijuana Producer Tier 2 z $250 Application Fee (Non-Refundable) z $1000 Annual Fee for Issuance and Renewal To produce marijuana for sale at wholesale to marijuana processor licensees and to other marijuana producer licensees. Tier 2 allows for between two thousand square feet and ten thousand square feet of dedicated plant canopy. Any entity and/or principals within an entity are limited to no more than three marijuana producer licenses. Marijuana Producer Tier 3 z $250 Application Fee (Non-Refundable) z $1000 Annual Fee for Issuance and Renewal Page 1 of 2Producer License Descriptions and Fees 1/2/2014http://liq.wa.gov/print/5668 Packet Page 278 of 355 To produce marijuana for sale at wholesale to marijuana processor licensees and to other marijuana producer licensees. Tier 3 allows for between ten thousand square feet and thirty thousand square feet of dedicated plant canopy. Any entity and/or principals within an entity are limited to no more than three marijuana producer licenses. Changes Marijuana License Change of Location $75 To close your present business and move to a new location. Marijuana License Change of Ownership $75 To change the qualifying persons for a publicly or privately held corporation or in a limited liability company. A change in the qualifying persons for a sole proprietorship, general partnership, limited partnership, or limited liability partnership requires a new application. Copyright © 2013 Washington State Liquor Control Board Source URL:http://liq.wa.gov/mjlicense/producer_license_discriptions_fees Page 2 of 2Producer License Descriptions and Fees 1/2/2014http://liq.wa.gov/print/5668 Packet Page 279 of 355 Published on Washington State Liquor Control Board (http://liq.wa.gov) Home > Processor License Description and Fees Processor License Description and Fees NOTE: The board will initially limit the opportunity to apply for a marijuana producer, processor or retail license to a thirty-day calendar window beginning November 18, 2013. Non-Retail Licenses Marijuana Processor z $250 Application Fee (Non-Refundable) z $1000 Annual Fee for Issuance and Renewal To process, package, and label usable marijuana and marijuana-infused products for sale at wholesale to marijuana retailers. Allowed to blend tested useable marijuana from multiple lots into a single package for sale to a marijuana retail licensee providing the label requirements for each lot used in the blend are met and the percentage by weight of each lot is also included on the label. Any entity and/or principals within an entity are limited to no more than three marijuana processor licenses.licensee allowed more than thirty-three percent of the allowed licenses in any county or city. Changes Marijuana License Change of Location $75 To close your present business and move to a new location. Marijuana License Change of Ownership $75 To change the qualifying persons for a publicly or privately held corporation or in a limited liability company. A change in the qualifying persons for a sole proprietorship, general partnership, limited partnership, or limited liability partnership requires a new application. Copyright © 2013 Washington State Liquor Control Board Source URL:http://liq.wa.gov/mjlicense/processor_license_discriptions_fees Page 1 of 1Processor License Description and Fees 1/2/2014http://liq.wa.gov/print/5669 Packet Page 280 of 355 Published on Washington State Liquor Control Board (http://liq.wa.gov) Home > Retailer License Description and Fees Retailer License Description and Fees NOTE: The board will initially limit the opportunity to apply for a marijuana producer, processor or retail license to a thirty-day calendar window beginning November 18, 2013. Retail License Marijuana Retailer z $250 Application Fee (Non-Refundable) z $1000 Annual Fee for Issuance and Renewal To sell only usable marijuana, marijuana-infused products, and marijuana paraphernalia at retail in retail outlets to persons twenty-one years of age and older. - Internet sales and delivery of product is prohibited. - The sale of extracts that are not infused is not allowed. - Marijuana retailers may not sell marijuana products below their acquisition cost. - Any entity and/or principals within any entity are limited to no more than three retail marijuana licenses with no multiple location licensee allowed more than thirty-three percent of the allowed licenses in any county or city. Changes Marijuana License Change of Location $75 To close your present business and move to a new location. Marijuana License Change of Ownership $75 To change the qualifying persons for a publicly or privately held corporation or in a limited liability company. A change in the qualifying persons for a sole proprietorship, general partnership, limited partnership, or limited liability partnership requires a new application. Copyright © 2013 Washington State Liquor Control Board Source URL:http://liq.wa.gov/mjlicense/retailer_license_description_fees Page 1 of 1Retailer License Description and Fees 1/2/2014http://liq.wa.gov/print/5670 Packet Page 281 of 355 Published on Washington State Liquor Control Board (http://www.liq.wa.gov) Home > License Approval or Denial License Approval or Denial Using the information gathered during the application process, the WSLCB will either approve or deny your marijuana license application. If the WSLCB approves your application, you will receive an electronic billing statement requesting payment of the $1,000 license fee. Applicants receiving both Producer and Processor licenses will need to pay a $2,000 fee. Once this fee is received you will be sent an approval letter that serves as your 30-day marijuana license until you receive your Business License with the marijuana endorsement from the DOR Business Licensing Service. If your application is denied, you can either: Accept the decision and re-apply if the Board opens another application window, or request an administrative hearing Reasons for denial may include: z Failure to meet basic licensing requirements z Objection from the local authority z Premise is located within 1000’ of a restricted entity z Questionable source of funds z Indicators of hidden ownership z Criminal history, i.e. conviction of a felony, conviction of a gross or simple misdemeanor involving liquor or drugs, any series of violations that show a disregard for the law.WAC 314-55-040 z Misrepresentation of fact Copyright © 2013 Washington State Liquor Control Board Source URL:http://www.liq.wa.gov/mjlicense/license_approval_or_denial Page 1 of 1License Approval or Denial 12/19/2013http://www.liq.wa.gov/print/5666 Packet Page 282 of 355 Published on Washington State Liquor Control Board (http://www.liq.wa.gov) Home > Distance from Restricted Entities Distance from Restricted Entities Per RCW 69.50.331(8) the board shall not issue a new marijuana license if the proposed licensed business is within one thousand feet of the following entities. The distance will be measured as the shortest straight line between the property line of the potential location to the property line of the grounds of the entities listed below: z Elementary or secondary school; z Playground; z Recreation center or facility; z Child care center; z Public park; z Public transit center; z Library; or z Any game arcade (where admission is not restricted to persons age twenty-one or older). Copyright © 2013 Washington State Liquor Control Board Source URL:http://www.liq.wa.gov/mjlicense/distance_from_restricted_entities Page 1 of 1Distance from Restricted Entities 12/19/2013http://www.liq.wa.gov/print/5662 Packet Page 283 of 355 Published on Washington State Liquor Control Board (http://www.liq.wa.gov) Home > Local Authority Notification Local Authority Notification State law requires the WSLCB to notify the local authority (i.e. mayor or county commission) of the city or county your proposed business is located in that you have applied for a marijuana license. The local authority has 20 days to respond with an approval, objection or no response to your license application. Copyright © 2013 Washington State Liquor Control Board Source URL:http://www.liq.wa.gov/mjlicense/authority_notification Page 1 of 1Local Authority Notification 12/19/2013http://www.liq.wa.gov/print/5663 Packet Page 284 of 355 Regulatory/Permitting Guidance for Greenhouse Marijuana Producers In addition to the requirements of the Washington State Liquor Control Board (WSLCB), marijuana producers applying for licenses under Initiative 502 (I-502) may be subject to additional local, state and regional regulations. These additional regulatory requirements may have separate timelines and costs from the WSLCB process. They can include environmental permitting 1, land-use regulations (zoning), business licensing and building/fire codes. Note: This fact sheet is for informational purposes only. It is intended to help marijuana producers be aware of local, state and/or regional requirements they may need to meet. For more technical information, contact the local, state and regional regulatory authorities listed below. WSLCB staff cannot answer permitting questions. Local Government Permits and Regulations Local governments are responsible for determining how land is used and where businesses can locate in their jurisdictions (except for the 1,000 foot buffer zone mandated by I-502).Typical land-use designations include residential, commercial, industrial, manufacturing and agricultural although local authorities may develop marijuana-specific zoning. Make sure local zoning allows your proposed use before committing to a location. Local governments may also have their own business licensing requirements. They also administer building, fire, electrical, mechanical, energy and plumbing codes. If you plan to make any changes to the structure or use of your building, you may need a permit. Tip: Many local governments offer a “pre-application” meeting where you can learn what local permits you will need and the time/cost it will take to obtain them. Call your local permitting agency, often the planning and development department, and ask for their help. It could save you time and money. State Environmental Policy Act (SEPA) – SEPA is not a permit; it is an environmental review process which helps governments make decisions about permits and other actions. The WSLCB completed a SEPA review for the rules governing marijuana licensing. Individual producer operations may also have to undertake SEPA reviews. Local permitting agencies will determine if it is necessary. If SEPA is required, project applicants must complete a checklist describing the possible environmental impacts of their project. Processes such as wastewater and solid waste disposal, CO2 use in the growing cycle, odors, etc. may be included. Additional guidance about SEPA can be found at: • www.ecy.wa.gov/programs/sea/sepa/agenciesApplicantsGuidance.html State and Regional Environmental Permits and Regulations There are a number of environmental permits and regulations that may apply to greenhouse growing operations. These permits are generally administered by state or regional agencies unless a local jurisdiction has been delegated by the state to issue the permit. Water Quality Permits – water quality permits address wastewater or stormwater discharged from a facility or leaving facility grounds. Drainage from greenhouses may require permits, depending on the environmental conditions of the greenhouse location, the content and amount of discharge water and the type of drainage system. Several types of drainage systems can be used with greenhouses. Any system that drains to ground in any fashion – directly, drainage trenches, or infiltration trenches – may need a State Wastewater Discharge Permit. Land application of wastewater from greenhouses to cropland or other vegetation may also need a permit. Draining wastewater into surface water, including stormwater ditches, is not allowed. State Wastewater Discharge Permits are issued by the state Department of Ecology (Ecology). For more information see: • http://apps.ecy.wa.gov/permithandbook/permitdetail.asp?id=20 1 The term ‘permit’ is a synonym for process, permit, authorization, license, regulation, certificate and approval. Packet Page 285 of 355 Tip: Contact your local Ecology office to schedule a meeting to discuss your plans. Come prepared to describe the amount of water you will use, how much wastewater you will discharge, the wastew ater composition and where the discharge will go. This will help regulators determine how to best assist you. Construction Stormwater Permits are also issued by Ecology. If you are considering building a new greenhouse, you may need this permit. They are required for activities that disturb one or more acres of land and that discharge stormwater into surface waters of the state. Smaller sites may also need a permit if they are part of a larger development that will disturb one acre or more. For more information see: • https://fortress.wa.gov/ecy/publications/publications/1010077.pdf Chemigation and Fertigation Regulations – Chemigation or fertigation refers to the application of fertilizers and/or pesticides through an irrigation water system. (Fertilizers can also include water reclaimed from food processing or wastewater treatment facilities.) Chemigation and fertigation systems must be installed according to state regulations, WAC 16-202-1001 and WAC 16-202-2002. The Department of Agriculture has a technical assistance program to assist individuals who chemigate and fertigate in protecting human health and the environment, from the potential hazard of improper fertilizer and pesticide use. For more information see: • http://agr.wa.gov/PestFert/ChemFert/ • http://apps.leg.wa.gov/WAC/default.aspx?cite=16-202 Water Resource Regulations – If a greenhouse will not be using a public water supply for irrigation water, a grower has four options to supply water to the plants: 1) Obtaining a water right permit; 2) Utilizing the water right permit exemption for small uses of water, 3) Obtaining water from a water purveyor such as an irrigation district or; 4) Relying on rainfall. • A Water Right Permit from the state Department of Ecology (Ecology) is needed for ground water withdrawals over 5,000 gallons a day or any surface water withdrawal. • A Water Right Permit Exemption is available for groundwater withdrawals (“exempt wells”) of no more than 5,000 gallons a day. This is considered a “small use” of water. Although this withdrawal does not need a permit, it is still subject to the same requirements as a permitted water right. Only one groundwater exemption is allowed for any one project, regardless of size. • Rainwater collection systems are allowed in Washington without requiring a water right. They can be used to store water collected in wet seasons for later use. Groundwater from exempt wells can also be pumped to a rainwater collection system and stored until needed for beneficial use as long as the 5,000 gallon limit per day is not exceeded. Collected rain or ground water can only be used on the same parcel from which it was captured. For more information about water rights and rainwater collection systems, see: • www.ecy.wa.gov/programs/wr/rights/water-right-home.html • www.ecy.wa.gov/programs/wr/hq/rwh.html Tip: The average wait to obtain a Water Right Permit is fifteen years. The average wait to transfer a right is over five years. Ecology can help determine if a property has a water right, see: www.ecy.wa.gov/programs/wr/rights/find_existing_wr.html. Air Quality Permits – Air quality permits regulate releases from industry that could contribute to an increase in air pollution and are issued by Ecology or a local clean air agency, depending on location. If a greenhouse uses a boiler in its operations, such as for heating or C02 generation, that boiler could need a permit. For more information see: • http://apps.oria.wa.gov/permithandbook/permitdetail.asp?id=108 In addition, clean air agencies have the authority to regulate odors that “may unreasonably interfere with another property owner’s use or enjoyment of his property” (WAC 173-400-040(5)). Facilities that receive odor complaints can be subject to fines or be required to add air filtration equipment. Tip: Contact the local clean air authority or Ecology before beginning operations to determine if any permit is needed for your operation. Before odor complaints occur, consider adding odor control technology to your building’s heating, ventilation and air conditioning system. To determine who regulates air quality in your region, see: Packet Page 286 of 355 • http://www.ecy.wa.gov/programs/air/local.html Solid Waste Handling – The marijuana licensing rules require that marijuana wastes from indoor growing operations be rendered unusable by mixing with 50% other materials and ground before disposal or composting. These ground and mixed materials are considered “solid waste” by state regulations and must be handled according to the state Solid Waste Handling Standards (WAC 173-350) and the requirements of the marijuana licensing rules. Solid waste regulatory oversight rests with county health districts (sometimes called “environmental health”). Producers should work with their health district to determine proper disposal of solid wastes. Tip: Determine how you propose to handle your solid wastes before beginning operations. Be prepared to discuss the following with your local health district (be as specific as possible): • What you will be mixing the marijuana waste with to render it unusable? • If waste material is held before it is disposed of, where, how and for how long will it be stored? • Do you plan to ship marijuana waste off site? If so, who will be hauling it and where will it go? • Do you plan to compost marijuana waste on-site? • If land-applying, where will that occur? To find local health districts see: www.doh.wa.gov/AboutUs/PublicHealthSystem/LocalHealthJurisdictions.aspx Hazardous Waste Management – Waste pesticides and used mercury-containing bulbs, including high- intensity discharge bulbs (HID), may require special disposal. • Mercury-containing bulbs: As of January 1, 2013, all mercury-containing lights must be recycled (RCW 70.275.080). For information see: http://www.ecy.wa.gov/mercury/mercury_light_bulbs.html • Waste pesticides: The WA State Department of Agriculture operates a waste pesticide collection program; http://agr.wa.gov/PestFert/Pesticides/WastePesticide.aspx Tip: Waste pesticides may be accepted at your local hazardous waste collection facility and a list of commercial lamp recyclers can be found at: http://apps.ecy.wa.gov/hwsd/ by searching under “Fluorescent Light and Ballast Management.” Do You Need Environmental Permits? Applicants are advised to consult with local and state authorities since permit requirements vary based on site- and process-specific conditions. This document is for reference purposes only. Your local permitting agency should be able to determine if you will need any environmental permits. You can also contact the Department of Ecology in your region for more information and assistance. See http://www.ecy.wa.gov/org.html Packet Page 287 of 355 Regulatory/Permitting Guidance for Indoor Marijuana Producers In addition to the requirements of the Washington State Liquor Control Board (WSLCB), marijuana producers applying for licenses under Initiative 502 (I-502) may be subject to additional local, state and regional regulations. These additional regulatory requirements may have separate timelines and costs from the WSLCB process. They can include environmental permitting 1, land-use regulations (zoning), business licensing and building/fire codes. Note: This fact sheet is for informational purposes only. It is intended to help marijuana producers be aware of local, state and/or regional requirements they may need to meet. For more technical information, contact the local, state and regional regulatory authorities listed below. WSLCB staff cannot answer permitting questions. Local Government Permits and Regulations Local governments are responsible for determining how land is used and where businesses can locate in their jurisdictions (except for the 1,000 foot buffer zone mandated by I-502).Typical land-use designations include residential, commercial, industrial, manufacturing and agricultural although local authorities may develop marijuana-specific zoning. Make sure local zoning allows your proposed use before committing to a location. Local governments may also have their own business licensing requirements. They also administer building, fire, electrical, mechanical, energy and plumbing codes. If you plan to make any changes to the structure or use of your building, you may need a permit. Tip: Many local governments offer a “pre-application” meeting where you can learn what local permits you will need and the time/cost it will take to obtain them. Call your local permitting agency, often the planning and development department and ask for their help. It could save you time and money. State Environmental Policy Act (SEPA) – SEPA is not a permit; it is an environmental review process which helps governments make decisions about permits and other actions. The WSLCB completed a SEPA review for the rules governing marijuana licensing. Individual producer operations may also have to undertake SEPA reviews. Local permitting agencies will determine if it is necessary. If SEPA is required, project applicants must complete a checklist describing the possible environmental impacts of their project. Processes such as wastewater and solid waste disposal, CO2 use in the growing cycle, odors, etc. may be included. Additional guidance about SEPA can be found at: • www.ecy.wa.gov/programs/sea/sepa/agenciesApplicantsGuidance.html State and Regional Environmental Permits and Regulations There are a number of environmental permits and regulations that may apply to indoor growing operations. These permits are generally administered by state or regional agencies unless a local jurisdiction has been delegated by the state to issue the permit. Water Quality Permits – water quality permits address wastewater or stormwater discharged from a facility or leaving facility grounds. Indoor marijuana producers may need water quality permits if they discharge wastewater from their growing operations, such as water containing excess fertilizers or if they construct a new facility. Wastewater discharge permits can be issued by either the state Department of Ecology (Ecology) or a local jurisdiction, such as King County, if it has delegated authority. For more information see: • http://apps.ecy.wa.gov/permithandbook/permitdetail.asp?id=20 • www.kingcounty.gov/environment/wastewater/IndustrialWaste/DischargeApprovalOverview.aspx Tip: Come to your pre-application meeting prepared to describe the amount of water you will need to operate your business, how much wastewater you will discharge and the wastewater composition. This will 1 The term ‘permit’ is a synonym for process, permit, authorization, license, regulation, certificate and approval. Packet Page 288 of 355 help regulators decide if you need a waste water discharge permit, an authorization or your discharge is exempt. Construction stormwater permits are issued by Ecology and might be needed for construction of a new facility. They are required for land-disturbing activities that disturb one or more acres of land and that discharge stormwater into surface waters of the state. Smaller sites may also need a permit if they are part of a larger development that will disturb one acre or more. For more information see: • https://fortress.wa.gov/ecy/publications/publications/1010077.pdf Chemigation and Fertigation Regulations – Chemigation or fertigation refers to the application of fertilizers and/or pesticides through an irrigation water system. (The definition of fertilizers includes water reclaimed from food processing or wastewater treatment facilities.) Chemigation and fertigation systems must be installed according to state regulations, WAC 16-202-1001 and WAC 16-202-2002.The Department of Agriculture has a technical assistance program to assist individuals who chemigate and fertigate in protecting human health and the environment from the potential hazard of improper fertilizer and pesticide use. For more information see: • http://agr.wa.gov/PestFert/ChemFert/ • http://apps.leg.wa.gov/WAC/default.aspx?cite=16-202 Air Quality Permits – Air quality permits regulate releases from industry that could contribute to an increase in air pollution and are issued by Ecology or a local clean air agency, depending on location. If a facility uses a boiler in its operations, such as for heating or C02 generation, that boiler could need a permit. See: http://apps.oria.wa.gov/permithandbook/permitdetail.asp?id=108 In addition, clean air agencies have the authority to regulate odors that “may unreasonably interfere with another property owner’s use or enjoyment of his property”, (WAC 173-400-040(5)). Facilities that receive odor complaints can be subject to fines or be required to add air filtration equipment. To determine who regulates air quality in your region, see: • www.ecy.wa.gov/programs/air/local.html Tip: Contact the local clean air authority or Ecology before beginning operations to determine if any permit is needed for your operation. Before odor complaints occur, consider adding odor control technology to your building’s heating, ventilation and air conditioning system. Solid Waste Handling –The marijuana licensing rules require that marijuana wastes from indoor growing operations be rendered unusable by mixing with 50% other materials and ground before disposal or composting. These ground and mixed materials are considered “solid waste” by the state regulations and must be handled according to the state Solid Waste Handling Standards (WAC 173-350) and the requirements of the marijuana licensing rules. Solid waste regulatory oversight is the responsibility of county health districts (sometimes called “environmental health”). Producers should work with their health district to determine proper disposal of solid wastes. Tip: Determine how you want to handle your solid waste before beginning operations. Be prepared to discuss the following with your local health district (be as specific as possible): • How much waste will you have? • What you will be mixing the marijuana waste with to render it unusable? • How, where and for how long will marijuana waste be stored? • Where will the unusable marijuana waste be sent and who will be transporting it? • Are you planning to compost marijuana waste on-site? To find local health districts see: www.doh.wa.gov/AboutUs/PublicHealthSystem/LocalHealthJurisdictions.aspx Hazardous Waste Management – Waste pesticides and used mercury-containing bulbs, including high- intensity discharge bulbs (HID), may require special disposal. Packet Page 289 of 355 • Mercury-containing bulbs: As of January 1, 2013, all mercury-containing lights must be recycled (RCW 70.275.080). For information see: www.ecy.wa.gov/mercury/mercury_light_bulbs.html • Waste pesticides: The WA State Department of Agriculture operates a waste pesticide collection program; http://agr.wa.gov/PestFert/Pesticides/WastePesticide.aspx Tip: Waste pesticides may be accepted at your local hazardous waste collection facility and a list of commercial lamp recyclers can be found at: http://apps.ecy.wa.gov/hwsd/ by searching under “Fluorescent Light and Ballast Management.” Do You Need Environmental Permits? Applicants are advised to consult with local and state authorities since permit requirements vary based on site- and process-specific conditions. This document is for reference purposes only. Your local permitting agency should be able to determine if you will need any environmental permits. You can also contact the Department of Ecology in your region for more information and assistance. See www.ecy.wa.gov/org.html Packet Page 290 of 355 Regulatory/Permitting Guidance for Outdoor Marijuana Producers In addition to the requirements of the Washington State Liquor Control Board (WSLCB), marijuana producers applying for licenses under Initiative 502 (I-502) may be subject to additional local, state and regional regulations. These additional regulatory requirements may have separate timelines and costs from the WSLCB process. They can include environmental permitting 1, land-use regulations (zoning), business licensing and building/fire codes. Note: This fact sheet is for informational purposes only. It is intended to help marijuana producers be aware of local, state and/or regional requirements they may need to meet. For more technical information, contact the local, state and regional regulatory authorities listed below. WSLCB staff cannot answer permitting questions. Local Government Permits and Regulations Local governments are responsible for determining how land is used and where businesses can locate in their jurisdictions (except for the 1,000 foot buffer zone mandated by I-502).Typical land-use designations include residential, commercial, industrial, manufacturing and agricultural although local authorities may develop marijuana-specific zoning. Make sure local zoning allows your proposed use before committing to a location. Local governments may also have their own business licensing requirements and they administer building, fire, electrical, mechanical, energy and plumbing codes. Tip: Many local governments offer a “pre-application” meeting where you can learn what local permits you will need and the time/cost it will take to obtain them. Call your local permitting agency, often the planning and development department and ask for their help. It could save you time and money. State Environmental Policy Act (SEPA) – SEPA is not a permit; it is an environmental review process which helps governments make decisions about permits and other actions. The WSLCB completed a SEPA review for the rules governing marijuana licensing. Individual producer operations may also have to undertake SEPA reviews. Local permitting agencies will determine if it is necessary. If SEPA is required, project applicants must complete a checklist describing the possible environmental impacts of their project. Processes such as solid waste disposal, traffic impacts, odors, etc. may be included. Additional guidance about SEPA can be found at: • www.ecy.wa.gov/programs/sea/sepa/agenciesApplicantsGuidance.html State and Regional Environmental Permits and Regulations There are a number of environmental permits and regulations that may apply to outdoor growing operations. These permits are generally administered by state or regional agencies unless a local jurisdiction has been delegated by the state to issue the permit. Water Resource Regulations – For outdoor irrigation growers have four options to supply water to the plants: 1) Relying on rainfall; 2) Obtaining a water right permit; 3) Relying on the water right permit exemption for small uses of water or; 4) Obtaining water from a water purveyor such as an irrigation district. • A Water Right Permit from the state Department of Ecology (Ecology) is needed for ground water withdrawals over 5,000 gallons a day or any surface water withdrawal. • A Water Right Permit Exemption is available for groundwater withdrawals (“exempt wells”) of no more than 5,000 gallons a day. Although this withdrawal does not need a permit, it is still subject to the same privileges and restrictions as a permitted water right. Only one groundwater exemption is allowed for any one project, regardless of size. • Rainwater collection systems are allowed in Washington without requiring a water right. They can be used to store water collected in wet seasons for later use. Groundwater from exempt wells can also 1 The term ‘permit’ is a synonym for process, permit, authorization, license, regulation, certificate and approval. Packet Page 291 of 355 be pumped to a rainwater collection system and stored until needed for beneficial use as long as the 5,000 gallon limit per day is not exceeded. Collected rain or ground water can only be used on the same parcel from which it was captured. For more information about water rights and rainwater collection systems, see: • www.ecy.wa.gov/programs/wr/rights/water-right-home.html • www.ecy.wa.gov/programs/wr/hq/rwh.html Tip: The average wait time to obtain a Water Right Permit is fifteen years. The average wait to transfer a right is over five years. Ecology can help determine if a property has a water right, see: www.ecy.wa.gov/programs/wr/rights/find_existing_wr.html. Chemigation and Fertigation Regulations – Chemigation or fertigation refers to the application of fertilizers and/or pesticides through a water irrigation system. (The definition of fertilizers includes water reclaimed from food processing or wastewater treatment facilities.) Chemigation and fertigation systems must be installed according to state regulations, WAC 16-202-1001 and WAC 16-202-2002. The Department of Agriculture has a technical assistance program to assist individuals who chemigate and fertigate in protecting human health and the environment from the potential hazard of improper fertilizer and pesticide use. For more information see: • http://agr.wa.gov/PestFert/ChemFert/ • http://apps.leg.wa.gov/WAC/default.aspx?cite=16-202 Air Quality Regulations – Depending on location, Ecology or a local clean air authority will regulate activities that may affect air quality in different regions of the state. Activities that can be regulated include odors, dust and outdoor burning. Odors and fugitive dust caused by agricultural activities on agricultural land are generally exempt from the requirements of Washington’s Clean Air Act. However, the law specifies that “agricultural land” means “at least five acres of land devoted primarily to the commercial production of livestock, agricultural commodities or cultured aquatic products (RCW 70.94.640(5)(c)).” • Agricultural activities on parcels smaller than five acres may not be exempt from odor and dust complaints. Local clean air agencies have the authority to regulate odors that “may unreasonably interfere with another property owner’s use or enjoyment of his property” (WAC 173-400-040(5)). Operations that receive odor complaints may be subject to fines. • Burn Permits are needed for certain agricultural and land clearing burning. These include: o Land Clearing Burn Permit – Land clearing burning means outdoor burning of trees, stumps, shrubbery or other natural vegetation from land clearing projects (i.e., projects that clear the land so it can used for a different purpose). For information see: http://apps.oria.wa.gov/permithandbook/permitdetail.asp?id=91. o Agricultural Burning – several types of agricultural practices require burn permits. For more information see: http://apps.oria.wa.gov/permithandbook/category.asp?id=1. Tip: Consult with your local clean air agency or Ecology to determine if your outdoor operation or activities meet the requirements of the Clean Air Act or if you need a burn permit. www.ecy.wa.gov/programs/air/local.html. Solid Waste Disposal – Outdoor growers have several options for disposal of marijuana waste but each has different requirements. • Unadulterated marijuana crop residues may be tilled under, in place only, and do not need to be ground and mixed with 50% other waste as required by the marijuana licensing rules. If marijuana crop residues are not tilled under in place, they will need to be rendered unusable by mixing with 50% other materials and ground before disposal. This mix is considered a “solid waste” by Washington State regulations and its management and disposal must comply with “Solid Waste Handling Standards, WAC 173-350.” Ground materials can be handled in several ways: • Crop residues which have been ground and mixed with 50% other materials can be land applied at Packet Page 292 of 355 agronomic rates. Land application will need a permit from the local health district. • Composting of the ground marijuana mix on-site is allowed and the composted material can be returned to the fields. • The ground marijuana mix may be shipped off-site to a regulated solid waste facility for disposal, composting or other handling. Regulatory oversight of solid wastes is the responsibility of local health districts (sometimes called “environmental health”). If you choose to grind and mix your marijuana wastes with other materials, begin a conversation with your local health district on how to handle this waste. Tip: Determine how you propose to handle your solid wastes before beginning operations. Be prepared to discuss the following with your local health district (be as specific as possible): • What you will be mixing the marijuana waste with to render it unusable? • If waste material is held before it is disposed of, where, how and for how long will it be stored? • Do you plan to compost marijuana waste on-site? • Do you plan to ship marijuana waste off site? If so, who will be hauling it and where will it go? • If land-applying, where will that occur? To find local health districts see: www.doh.wa.gov/AboutUs/PublicHealthSystem/LocalHealthJurisdictions.aspx Hazardous Waste Management – Waste pesticides may require special disposal. Tip: The WSDA operates a waste pesticide collection program, for information see: www.agr.wa.gov/PestFert/Pesticides/WastePesticide.aspx. Waste pesticides may also be accepted at your local hazardous waste collection facility. Forest Practices Permit – If a property owner is considering changing forested land to agricultural use they may need a Forest Practices Permit. The Department of Natural Resources (DNR) regulates forest practices on private/state lands and issues Forest Practices Permits. Some counties and cities also issue permits for converting forest land to other uses. In those counties and cities a DNR permit is not required. To determine jurisdictions see: http://apps.oria.wa.gov/permithandbook/permitdetail.asp?id=34 Do You Need Environmental Permits? Applicants are advised to consult with local and state authorities since permit requirements vary based on site- and process-specific conditions. This document is for reference purposes only. Your local permitting agency should be able to determine if you will need any environmental permits. You can also contact the Department of Ecology in your region for more information and assistance. See www.ecy.wa.gov/org.html Packet Page 293 of 355 Regulatory/Permitting Guidance for Marijuana Processor Operations In addition to the requirements of the Washington State Liquor Control Board (WSLCB), marijuana producers applying for licenses under Initiative 502 (I-502) may be subject to additional local, state and regional regulations. These additional regulatory requirements may have separate timelines and costs from the WSLCB process. They can include environmental permitting 1, land-use regulations (zoning), business licensing and building/fire codes. Note: This fact sheet is for informational purposes only. It is intended to help marijuana processors be aware of local, state and/or regional requirements they may need to meet. For more technical information, contact the local, state and regional regulatory authorities listed below. WSLCB staff cannot answer permitting questions. Local Government Permits and Regulations Local governments are responsible for determining how land is used and where businesses can locate in their jurisdictions (except for the 1,000 foot buffer zone mandated by I-502). Typical land-use designations include residential, commercial, industrial, manufacturing and agricultural however local authorities may develop marijuana-specific zoning. Before committing to a location, make sure local zoning allows your proposed use. Local governments may also have their own business licensing process. They also administer building, fire, electrical, mechanical, energy and plumbing codes. If you are planning to make any changes to the structure or use of your location, you may need a permit. Tip: Many local governments offer a “pre-application” meeting where you can determine what permits you will need and the time/cost it will take to obtain them. Call your local permitting agency, often the planning and development department and ask for their help. It could save you time and money. State Environmental Policy Act (SEPA) – SEPA is not a permit; it is an environmental review process which helps governments make decisions about permits and other actions. The WSLCB completed a SEPA review for the rules governing marijuana licensing. Individual processor operations may also have to undertake a SEPA review. Local permitting agencies will determine if it is necessary. If SEPA is required, project applicants must complete a checklist describing the possible environmental impacts of their project. Processes like wastewater disposal, solvent use and storage and hazardous waste disposal may be included, among other things. More information about SEPA can be found at: • http://www.ecy.wa.gov/programs/sea/sepa/agenciesApplicantsGuidance.html State and Regional Environmental Permits and Regulations There are a number of environmental permits and regulations that may apply to marijuana processing operations. These permits can be administered by state or regional agencies or a local jurisdiction, if it has been delegated by the state to issue specific permits. Hazardous Waste Management – The marijuana licensing rules require that certain wastes from marijuana processing, extraction and quality assurance testing must be evaluated against the state’s Dangerous Waste Regulations (WAC 173.303) to determine if they designate as dangerous wastes (DW). Designation procedures are covered in WAC 173.303.070(3), WAC 173.303.090 and WAC 173.303.100. They include testing for ignitability and corrosivity, among other things. Wastes that are designated dangerous must be disposed of according to the DW regulations. If your wastes are designated dangerous you could need to register as a Small, Medium or Large Quantity Generator of hazardous wastes. Small Quantity Generators are regulated by local health departments while Medium and Large Quantity Generators are regulated by the state Department of Ecology (Ecology). 1 The term ‘permit’ is a synonym for process, permit, authorization, license, regulation, certificate, and approval. Packet Page 294 of 355 Tip: Small Quantity Generators (SQG) have less regulations and requirements to meet than medium and large generators. If you generate 220 pounds or less of DW per month or 2.2 lbs or less of Extremely DW (Waste code WT01) per month you can qualify as an SQG. Local health departments (sometimes called “environmental health”) can help you determine your generator status and the disposal requirements for your dangerous wastes. For more information see: • http://www.ecy.wa.gov/programs/hwtr/managewaste.html • https://fortress.wa.gov/ecy/publications/publications/981252hwtr.pdf • http://www.co.thurston.wa.us/health/ehhw/sqg.html Hazardous Materials Storage and Use – In most cases the local city or county Fire Marshal’s office is responsible for overseeing the storage and use of hazardous/flammable materials. They will determine if a permit is needed for extraction processing. If ethanol is used in the extraction process a permit is needed from the WSLCB. See RCW 66.20.010(2). Solid Waste Handling – If the wastes from extraction activities do not designate as dangerous wastes, they are considered “solid waste” by the state and must be handled according to the state Solid Waste Handling Standards (WAC 173-350) and the requirements of the marijuana licensing rules. The marijuana licensing rules require that these wastes be rendered unusable by mixing with 50% other ground materials before disposal or composting. Solid waste regulatory oversight rests with county health districts. Processors should work with their health district to determine appropriate disposal of solid wastes. Tip: Be prepared to discuss the following with your local health district (be as specific as possible): • How much waste will you have? • What will the marijuana waste be mixed with to render it unusable? • How, where and for how long will processing waste be stored? • Where will the unusable marijuana waste be sent and who will be transporting it? • Are you planning to compost marijuana waste on-site? To find local health districts see: www.doh.wa.gov/AboutUs/PublicHealthSystem/LocalHealthJurisdictions.aspx Water Quality Permits – Water quality permits address wastewater or stormwater discharged from a facility or leaving facility grounds. Marijuana processors may need a permit to discharge if their wastewater contains solvents, chemicals, fats, oils, grease or contaminated water from steam or ice water processing. Wastewater discharge permits can be issued by either Ecology or a local jurisdiction, such as King County, if it has delegated authority. For more information see: • http://apps.ecy.wa.gov/permithandbook/permitdetail.asp?id=20 • www.kingcounty.gov/environment/wastewater/IndustrialWaste/DischargeApprovalOverview.aspx Tip: Come to your pre-application meeting prepared to describe how much wastewater you will discharge and the wastewater composition. This will help regulators decide if you need a discharge permit, an authorization or your discharge is exempt. Construction stormwater permits are issued by Ecology and are required for land-disturbing activities that disturb one or more acres of land and that discharge stormwater into surface waters of the state. Smaller sites may also need a permit if they are part of a larger development that will disturb one acre or more. If you are considering building a new facility, you may need this permit. For more information see: • https://fortress.wa.gov/ecy/publications/publications/1010077.pdf Air Quality Permits – Air quality permits regulate releases from industry that could contribute to an increase in air pollution. They are issued by Ecology or local clean air agencies depending on your location. The use of solvents in manufacturing or boilers in operations could require permits. Packet Page 295 of 355 Clean air agencies also have the authority to regulate odors that “may unreasonably interfere with another property owner’s use or enjoyment of his property” (WAC 173-400-040(5)). Facilities that receive odor complaints can be subject to fines or be required to add air filtration equipment. Tip: Contact your local air quality authority or Ecology before beginning operations to determine if you will need a permit for extraction processes. Before odor complaints occur, consider adding odor control technology to your building’s heating, ventilation and air conditioning system. To determine which agency has jurisdiction for air quality permits in your region see: http://www.ecy.wa.gov/programs/air/local.html Do You Need Environmental Permits? Applicants are advised to consult with local and state authorities since permit requirements vary based on site- and process-specific conditions. This document is for reference purposes only. Your local permitting agency should be able to determine if you will need any environmental permits. You can also contact the Department of Ecology in your region for more information and assistance. See http://www.ecy.wa.gov/org.html Packet Page 296 of 355 Published on Washington State Liquor Control Board (http://lcb.wa.gov) Home > FAQs on I-502 FAQs on I-502 Frequently Asked Questions about Implementing Initiative 502 Subtopics (links) z Licenses z Retail Stores z Public Safety/Criminal z Federal Government z WSLCB Hiring z Financial z Medical Marijuana Licenses Q: When can I buy marijuana legally? A: The initiative allows the Washington State Liquor Control Board (WSLCB) until December 1, 2013 to write the rules, or implementation details, of the new system. Because the WSLCB is building the system from seed to sale, it will likely take the full year to complete the rules. Q: What is a license? How do I get it? When can I get it A: I-502 creates three separate tiers: marijuana producer, marijuana processor, and marijuana retailer. Specific license requirements are detailed in the proposed rules which are available here [1]. BLS will begin accepting I-502 license applications on November 18, 2013 and the WSLCB will begin processing the applications on November 20. The best way to keep up to date on the process is to register for email notifications [2] on the WSLCB website www.liq.wa.gov [3]. Q: How much does a license cost? A: I-502 establishes a license application fee at $250 and a $1,000 renewal fee for each of the three licenses; marijuana producer, marijuana processor and marijuana retailer. Q: Can I hold all three license types? Page 1 of 7FAQs on I-502 1/2/2014http://lcb.wa.gov/print/5600 Packet Page 297 of 355 A: Having all three licenses is not permitted under I-502. A licensee may hold both a producer and a processor license simultaneously. The initiative does not allow a producer to also be a retailer or a processor to also be a retailer. Q: How many retail licenses will be issued? A: The number of retail locations will be determined using a formula that distributes the number of locations proportionate to the most populous cities within each county. Locations not assigned to a specific city will be at large. Once the number of locations per city and at- large have been identified, the specific locations will be selected by lottery in the event the number of applications exceeds the allotted amount for the cities and county. Q: How many producer and processor licenses will be issued? A: No limit. The LCB will open a 30 day window in November where anyone can apply, and qualified applicants will receive licenses. Q: With a limited amount of retail licenses how will you determine who will receive them? A: WSLCB staff are developing the guidelines for the retail license lottery in the event that there are more retail license applicants than available licenses. As more information becomes available we will notify stakeholders via the I-502 Listserv. Q: Can a current farm just convert its crop to marijuana? A: Converting a crop to marijuana would require a producer license and the farm would have to meet all of the guidelines set forth in the rules pertaining to outdoor growing. Q: Can I grow my own marijuana now? Can I sell my homegrown marijuana? A: Home grown marijuana for recreational use, as well as sale, is illegal. Recreational use marijuana must be purchased from a state-licensed retailer. Retail Stores Q: Are there restrictions on where I can set up a store? A: You cannot set up a store within 1000 feet of any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, library, or game arcade that allows minors to enter. Local authorities will also be notified and have an opportunity to object. Q: Will the retail outlets be run by the state? Page 2 of 7FAQs on I-502 1/2/2014http://lcb.wa.gov/print/5600 Packet Page 298 of 355 A: Stores will be licensed and regulated by the WSLCB but will be private-sector businesses. Q: Can I incorporate marijuana sales into my existing business? A: No. The initiative is clear that retail outlets may only sell marijuana, marijuana infused products and marijuana paraphernalia. Q: Can customers smoke in a retail store? A: No. On-premise consumption is not allowed under Initiative 502. Q: Are there any restrictions on advertising? A: Retailers are limited to one 1,600 square inch sign bearing their business/trade name. They cannot put products on display to the general public such as through window fronts. No licensee can advertise marijuana/infused product in any form or through any medium whatsoever within 1,000 ft. of school grounds, playgrounds, child care, public parks, libraries, or game arcades that allows minors to enter. Also, you can’t advertise on public transit vehicles/shelters or on any publicly owned or operated property. Q: Will non-Washington residents be able to purchase marijuana? A:Yes, but the marijuana products are to be consumed in Washington. Public Safety/Criminal Note: The WSLCB is a licensing and regulatory agency and does not handle criminal prosecutions Q: What will the WSLCB do to ensure public safety, especially preventing access by minors? A: Public safety is central to the WSLCB mission. As expected by the voters, the rules we create will include minimums for security, preventing minors’ access to marijuana and other provisions. Educating retailers and preventing minors access to alcohol is an important part of our enforcement work today. Something similar for marijuana sales is likely. Q: What is the DUI provision? A: The initiative sets a per se DUI limit of "delta-9" THC levels at greater than or equal to 5 nanograms per milliliter of blood (5 ng/mL). State and local law enforcement agencies are tasked with enforcing the DUI limit. Q: Since it’s legal to possess marijuana Dec. 6, 2012, but there will not be licensed Page 3 of 7FAQs on I-502 1/2/2014http://lcb.wa.gov/print/5600 Packet Page 299 of 355 retailers from which to purchase it until 2014 can I still be arrested for possession? A: I-502 decriminalizes marijuana possession and use in Washington State for those age 21 and older and who possess any combination of: one ounce of marijuana, 16 ounces of marijuana in solid form or 72 ounces in liquid form. The Seattle Police Department wrote an FAQ document [4] that addresses how its officers will be handling marijuana possession going forward. Each jurisdiction may be handling it differently so it’s important to check with local law enforcement on how to proceed. Q: Can I still be drug tested now that marijuana is legal A: I-502 does not address the topic of drug testing but it is our understanding that employers may still conduct drug testing at their discretion. Since marijuana is illegal under federal law institutions that receive federal funds will still be subject to mandated testing. Organizations such as the NFL and NBA have issued statements that marijuana consumption is a violation of their conduct policy and they intend to continue testing for it. Q: The initiative says I cannot consume marijuana in public. What is the definition of “in public?” A: Initiative 502 states that it is unlawful to open/consume a package of marijuana or marijuana infused product in view of the general public. Q: Can marijuana purchased legally in Washington be transported to other states? A: No. Marijuana and marijuana products are to be consumed in Washington State. Federal Government Q: What is the federal government going to do? A: On August 29, 2013 Attorney General Eric Holder called both Governors Jay Inslee and John Hickenlooper (Colorado) to outline the federal government’s guidance on legalized marijuana. That guidance was also outlined in a memo which focuses on eight points of federal emphasis such as youth access and public safety which the LCB’s proposed rules address. I-502's regulatory system, and the rules written by the Boardappears to meet those eight points. The memo does not change federal law. Governor Inslee’s office is maintaining an open dialogue with the federal government and the WSLCB is moving forward to carry out the expectations of the agency under the new law. Q: Since marijuana is legal in Washington can the federal government still prosecute me? A: Yes. I-502 does not preempt federal law. Presently Washington State residents involved in marijuana production /retailing could still be subject to prosecution if the federal Page 4 of 7FAQs on I-502 1/2/2014http://lcb.wa.gov/print/5600 Packet Page 300 of 355 government chooses to do so. Q: Can the federal government confiscate my assets? A: Yes. Confiscation of assets is one of the enforcement tactics available to federal authorities. Q: What about industrial hemp? Does this create a new market for hemp products? A: No. I-502 is focused on legalizing the recreational use of marijuana. I-502 modifies the definition of “marijuana” to include only cannabis greater than 0.3 percent THC concentration. Cannabis under this limit – industrial hemp – is not treated as recreational “marijuana.” WSLCB Hiring Q: Will you be hiring after the passage of Initiative 502? A: Yes. The task of regulating an entirely new system is a big one and the agency will have to expand to meet those challenges. We are estimating about 35 hires, mostly in licensing and enforcement. Q: How can I apply for a job with WSLCB? A: All job openings will be posted in the careers section [5] of our website. The actual application process is done through Careers.wa.gov [6]. Visit their website and fill out your profile in advance so you are ready when opportunities become available. Q: Does the WSLCB drug test new employees? A: The WSLB does not drug test administrative staff at the time of hiring. However, we do test potential enforcement staff for drugs, including marijuana. The WSLCB is a drug-free workplace. All employees are expected to not be impaired at work. Should a reasonable suspicion arise that an employee is impaired, that person may be tested. Q: I’m an expert in the field of marijuana how can I be involved in the process? A: Our rule-making system is a public process so we will be engaging citizens along the way. Like hiring, the best way to keep up to date on the process is to register for email notifications [2]. We will be sending out timelines and requests for public comment using email. Financial Page 5 of 7FAQs on I-502 1/2/2014http://lcb.wa.gov/print/5600 Packet Page 301 of 355 Q: What is retail marijuana going to cost? A: OFM’s fiscal impact statement places a price estimate of a $3 per gram producer price, a $6 per gram processor price and a pre-tax $12 per gram average retail purchase price. Q: How much tax revenue will I-502 generate? A: Estimates range anywhere between $0 and $2 billion dollars during the first five years. Without knowing what the market will look like or what the federal reaction will be, it is not presently possible to accurately gauge the total amount of revenue produced. Q: How is it going to be taxed? A: The initiative applies a 25% excise tax on each level of the system: producer to a processor, processor to a retailer, and retailer to the customer. In addition, B&O taxes on the production and local retail sales taxes apply. Q: I-502 tax rates are too high, can you lower them? A: The tax structure for I-502 is prescriptive in the initiative and has become law with its passing. WSLCB officials do not have the authority to change the taxes that were voted for by the public. A change to the tax structure would have to come from the legislature. During the first two years a change to the initiative would require a two thirds majority. Medical Marijuana Note: I-502 does not address medical marijuana. The state does not currently license or regulate medical marijuana outlets. I-502 does not change how or where they operate. Q: Can medical marijuana patients continue to cooperatively grow? A: I-502 is silent on medical marijuana. Q: Is it true that the WSLCB is just going to license current medical marijuana outlets to retail marijuana? A: No. Retail licenses will be issued to qualified applicants who meet the licensing criteria. A medical marijuana outlet that wants to convert to a recreational outlet will have to go through the same application process as any other potential applicant. If they were to obtain a retail license they would only be allowed to sell marijuana purchased from the recreational system, they would not be allowed to comingle medical and recreational marijuana. Q: Where can I learn more about medical marijuana? Page 6 of 7FAQs on I-502 1/2/2014http://lcb.wa.gov/print/5600 Packet Page 302 of 355 A: The Washington State Department of Health has information about medical marijuana on its website here [7]. Q: Will the Washington State Liquor Control Board be changing its name? A: Presently there are no plans to change the agency’s name. Any change would have to come from the state Legislature and that is a low priority at the moment. Copyright © 2013 Washington State Liquor Control Board Source URL:http://lcb.wa.gov/marijuana/faqs_i-502 Links: [1] https://lcb.box.com/adopted-rules [2] http://lcb.wa.gov/node/5591 [3] http://www.liq.wa.gov [4] http://spdblotter.seattle.gov/2012/11/09/marijwhatnow-a-guide-to-legal-marijuana-use-in-seattle/ [5] http://lcb.wa.gov/node/23 [6] http://Careers.wa.gov [7] http://www.doh.wa.gov/SearchResults.aspx?tag=Medical%20Marijuana%20(Cannabis) Page 7 of 7FAQs on I-502 1/2/2014http://lcb.wa.gov/print/5600 Packet Page 303 of 355 AM-6726 9. City Council Meeting Meeting Date:04/01/2014 Time:10 Minutes Submitted For:Jeff Taraday Submitted By:Scott Passey Department:City Clerk's Office Committee: Public Safety, Personnel Type: Action Information Subject Title Discussion and potential action regarding recreational marijuana licensing ordinance language Recommendation Direct City Attorney to prepare an ordinance related to recreational marijuana licensing for approval on a future consent agenda. Previous Council Action This matter was discussed in the February 11, 2014 Public Safety and Personnel (PSP) Committee (Attachment 1), and in the March 11, 2014 PSP Committee (Attachment 4). Narrative At the February 11 PSP Committee meeting, Councilmembers Peterson and Fraley-Monillas requested that staff bring back proposed language for a recreational marijuana licensing ordinance consistent with the way the City treats liquor licenses (Attachment 2). The City Attorney’s review of applicable liquor store regulations in the city code did not reveal many other code provisions. There are provisions in chapter 4.22 ECC related to malt liquor, but these provisions are limited to a person who sells or offers for sale the contents of kegs or other containers containing four gallons or more of malt liquor. They do not apply generally to all sellers or producers of alcohol. So, it did not seem that it would be consistent with the committee’s previous direction to treat marijuana facilities in the same way that we treat liquor facilities. For this reason, we have not proposed an analogous provision for chapter 4.22 ECC in the marijuana context. We are, however, including chapter 4.22 (Attachment 3) for your review in case the Council decides that it would like some of these provisions included in a marijuana licensing ordinance. Note that the city has adopted various state alcohol regulations by reference. See, for example, chapter 5.04 ECC. And it has also adopted various state marijuana regulations by reference. See, for example, ECC 5.14.010. At the March 11 PSP Committee meeting, Councilmembers Peterson and Fraley-Monillas reviewed the proposed draft language and requested that it be forwarded to the full Council (Attachment 4). Attachments Attachment 1 - Feb. 11 PSP Committee minutes Attachment 2 - Draft ECC 4.26.010 Attachment 3 - ECC 4.22 Attachment 4 - Mar. 11 PSP Committee minutes Packet Page 304 of 355 Form Review Inbox Reviewed By Date Mayor Dave Earling 03/27/2014 10:57 AM Finalize for Agenda Scott Passey 03/27/2014 10:58 AM Form Started By: Scott Passey Started On: 03/27/2014 10:31 AM Final Approval Date: 03/27/2014 Packet Page 305 of 355 MINUTES PUBLIC SAFETY AND PERSONNEL COMMITTEE FEBRUARY 11, 2014 Elected Officials Present: Councilmember Fraley-Monillas Councilmember Peterson City Staff Present: Jeff Taraday, City Attorney (item A only) Carrie Hite, Parks and Recreation Director Mary Ann Hardie, HR Manager Scott Passey, City Clerk (item A only) The Meeting was called to order at 8:25 p.m. A. Review and recommendation on ordinance enacting recreational marijuana licensing regulations Mr. Taraday outlined the proposed ordinance regulating marijuana licensing, explaining that it is a boilerplate ordinance that many cities are considering and/or enacting. He emphasized that the zoning code will primarily regulate recreational marijuana, not the licensing code. However, the city needs a licensing code in order to process applications. He requested Council feedback on what level of regulation it prefers in terms of the licensing provisions, noting that cities have some discretion on any regulations they wish to add to the State regulations. Councilmembers Peterson and Fraley-Monillas recommended that the ordinance be kept as simple and possible in order to avoid duplicating the State’s law or process. They expressed an interest in regulating marijuana in the same way the Liquor Control Board regulates alcohol, with the State taking the lead. It was also suggested that the Police Department vet the proposed ordinance. Action: Prepare draft ordinance based on feedback for review at next Committee meeting. B. Citizens’ Commission on the Compensation of Elected Officials – applications for the Council appointment to the Commission The Committee discussed applications and will be forwarding a recommendation to the full Council. Action: Forward a recommendation to the full Council to confirm Hathaway. C. PC Support Technician Job Description Action: Forward to the full Council on Consent. D. ECC Chapter 2.10 related to Confirmation and Duties of City Officers The Committee discussed Chapter 2.10 and would like to keep the Ordinance that was passed in place, while continuing to evaluate if it needs any changes. Action: None. E. Discussion regarding hiring a consultant to work with Council to improve council relationships Packet Page 306 of 355 The proposed code language below is modeled after existing liquor license language contained ECC 4.20.010: 4.26.010 Processing of notices of pending marijuana licenses. A. Investigation by Mayor. Upon receipt by the city of a notice of a marijuana license application from the Washington State Liquor Control Board to produce, process, or sell marijuana within the city of Edmonds, the mayor shall make such investigation of the applicant and location as he deems appropriate, including but not limited to directing an investigation by city employees such as the police department. B. Notification and Recommendation to City Council. The mayor shall transmit to the city council a recommendation of approval or objection regarding both the applicant and the proposed location. The recommendation shall be considered at the first available city council meeting following conclusion of the mayor’s investigation, but in no event shall it be considered by the city council later than 19 days after the date of the notice from the Liquor Control Board. The city council, sitting in public meeting, shall thereupon consider and vote upon the recommendation of the mayor. C. Approval / Acquiescence. In the event the city council finds the application acceptable, it shall instruct the mayor to transmit the city council’s approval to the Liquor Control Board. D. Objection. In the event the city council finds the application objectionable, it shall instruct the mayor to transmit to the Liquor Control Board the objections had by the council against the applicant or against the premises for which the license is asked, and shall include in such instructions the facts upon which such objections are based. E. Request for Hearing. In the event the council has found objection to the application it shall also determine whether it would like to request an adjudicative hearing before final action is taken on the license by the Liquor Control Board. If the city council would like a hearing, it shall direct the city attorney to make the oral argument in support of such objections in the event the Liquor Control Board fixes a time for oral argument. F. Request for Extension of Time to Consider Application. In the event the city council may not have a public hearing scheduled within the 19-day period following the transmittal of the notice from the Liquor Control Board, upon receipt of the notice from the Liquor Control Board the mayor shall immediately request an extension of the 20-day period from the Liquor Control Board to provide time for the council to register its approval or objections. Packet Page 307 of 355 4.22.010 Definition of malt liquor. For the purposes of this chapter, malt liquor means any beverage such as beer, ale, lager beer, stout, and porter obtained by the alcoholic fermentation of an infusion or decoction of pure hops, or pure extract of hops and pure barley malt or other wholesome grain or cereal in pure water containing not more than eight percent of alcohol by weight, and not less than one-half of one percent of alcohol by volume. [Ord. 2567, 1986]. 4.22.020 Seller's duties. Any person who sells or offers for sale the contents of kegs or other containers containing four gallons or more of malt liquor, or leases kegs or other containers which will hold four gallons of malt liquor, to consumers who are not licensed under Chapter 66.24 RCW shall do the following for any transaction involving said container: A. Require the purchaser of the malt liquor to sign a declaration and receipt for the keg or other container and/or beverage in substantially the form as provided herein. B. Require the purchaser to provide one piece of identification pursuant to RCW 66.16.040. C. Require the purchaser to sign a sworn statement, under penalty of perjury that: 1. The purchaser is of legal age to purchase, possess or use malt liquor; 2. That the purchaser will not allow any person under the age of 21 to consume the beverage except as provided by RCW 66.44.270; and 3. The purchaser will not remove, obliterate, or allow to be removed or obliterated, the identification required by the Liquor Control Board which is affixed to the container. D. Require the purchaser to state the particular address where the malt liquor will be consumed, or the particular address where the keg or other container will be physically located. Packet Page 308 of 355 E. Affix to each keg or container any identification required by the Liquor Control Board. F. Require the purchaser to sign a declaration and receipt for the keg or container in substantially the form developed by the Liquor Control Board and provide a copy of the declaration and receipt to the purchaser. G. Require the purchaser to keep a copy of the declaration and receipt within five feet of the keg or other container or beverage and have such declaration and receipt clearly visible without physical barrier from such keg or container, during the time that the keg or other container is in the purchaser's possession and/or control. [Ord. 2719, 1989; Ord. 2567, 1986]. 4.22.030 Purchaser's duties. Any person who purchases the contents of kegs or other containers containing four gallons or more of malt liquor, or purchases or leases the container shall: A. Sign a declaration and receipt for the keg or other container or beverage in substantially the form developed by the Liquor Control Board; B. Provide one piece of identification pursuant to RCW 66.44.270; C. Be of legal age to purchase, possess or use malt liquor; D. Not allow any person under the age of 21 to consume the beverage except as permitted by RCW 66.44.270; E. Not remove, obliterate, or allow to be removed or obliterated, the identification required by the Liquor Control Board; F. Not move, keep or store the keg or its contents, except for transporting to and from a distributor, at any place other than that particular address declared on the receipt and declaration; and G. Keep a copy of the declaration and receipt within five feet of the keg or other container and have such declaration and receipt clearly visible without physical barrier from such keg or container, during the Packet Page 309 of 355 time that the keg or container is in the purchaser's possession and/or control. [Ord. 2719, 1989; Ord. 2567, 1986]. 4.22.040 Declaration and receipt. The declaration and receipt required herein shall be in substantially the form developed by the Liquor Control Board. [Ord. 2719, 1989; Ord. 2567, 1986]. 4.22.050 Penalty. Any violation of the provisions of this chapter shall be a misdemeanor punishable by a fine of not more than $500.00. [Ord. 2719, 1989; Ord. 2567, 1986]. Packet Page 310 of 355 MINUTES PUBLIC SAFETY AND PERSONNEL COMMITTEE MARCH 11, 2014 Elected Officials Present: Councilmember Fraley-Monillas Councilmember Peterson City Staff Present: Mary Ann Hardie, HR Manager James Lawless, Assistant Police Chief (item A) Scott Passey, City Clerk Pamela Randolph, Manager, Wastewater Treatment Plant The Meeting was called to order at 7:09 p.m. A. Renewal of Contract with Adix’s Bed and Bath for Dogs and Cats for Kenneling Services James Lawless, Assistant Police Chief, outlined the provisions of the proposed kenneling contract with Adix’s Bed and Bath for Dogs and Cats. Action: Forward to the full Council on Consent Agenda. B. Review draft language for recreational marijuana licensing ordinance Mr. Passey outlined provisions of the draft ordinance prepared by the City Attorney related to recreational marijuana licensing. Per Council direction at the February committee meeting, the draft language was kept as simple and possible in order to avoid duplicating the State’s law or process. Recreational marijuana license applications will follow the same review process that liquor licenses follow, including City staff review for code compliance and Council approval. Action: Forward to the full Council in conjunction with proposed action on recreational marijuana zoning code provisions. C. Office Coordinator (SEIU union) job description/position – Wastewater Treatment Plant Action: Forward to the full Council on Consent. D. Update of Edmonds City Code 10.25.090 regarding probationary periods for promoted or transferred classified positions Action: Forward to the full Council on Consent. E. Public Comment: None The meeting was adjourned at 7:21 p.m. Packet Page 311 of 355 AM-6728 10. City Council Meeting Meeting Date:04/01/2014 Time:10 Minutes Submitted For:City Attorney Submitted By:Rob Chave Department:Planning Review Committee: Committee Action: Type: Action Information Subject Title Public Hearing and adoption of Findings of Fact regarding Ordinance No. 3960, extending an Emergency Moratorium related to collective gardens and marijuana processing and production. Recommendation Approve the draft resolution (Exhibit 1) adopting the referenced findings. Previous Council Action The Council adopted Ordinance 3960 extending its moratorium on marijuana processing and production and sales on February 4, 2014. The moratorium is scheduled to end on May 14, 2014. Narrative This is a required public hearing following the extension of the City's moratorium regarding marijuana processing, production and sales. The City Attorney has prepared a resolution adopting the necessary findings. Additional material on the subject of I-502 and the City's response can be found in two other items regarding zoning and licensing of marijuana on this evening's Council agenda. Attachments Exhibit 1: Draft Resolution Exhibit 2: Ordinance 3960 Exhibit 3: Ordinance 3938 Exhibit 4: City Council minutes 2/4/2014 Form Review Inbox Reviewed By Date City Clerk Scott Passey 03/27/2014 12:37 PM Mayor Dave Earling 03/27/2014 01:43 PM Finalize for Agenda Scott Passey 03/27/2014 02:18 PM Form Started By: Rob Chave Started On: 03/27/2014 12:28 PM Final Approval Date: 03/27/2014 Packet Page 312 of 355 RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING FINDINGS OF FACT TO SUPPORT THE ADOPTION OF ORDINANCE 3960, WHICH EXTENDED THE MORATORIUM ESTABLISHED BY ORDINANCE 3938. WHEREAS, the city council adopted Ordinance 3960 on February 4, 2014, which extended for three additional months the moratorium on marijuana facilities established by Ordinance 3938; and WHEREAS, the city council held a public hearing on Ordinance 3960 on April 1, 2014, now therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. ADOPTION OF FINDINGS. The city council hereby adopts as its findings of fact to support the adoption of Ordinance 3960 the Whereas clauses contained in Ordinances 3938 and 3960. RESOLVED this _____ day of April, 2014. CITY OF EDMONDS _______________________ MAYOR, DAVE EARLING ATTEST: CITY CLERK, SCOTT PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. ____ 4851-5533-3898, v. 1 Packet Page 313 of 355 Packet Page 314 of 355 Packet Page 315 of 355 Packet Page 316 of 355 Packet Page 317 of 355 Packet Page 318 of 355 Packet Page 319 of 355 Packet Page 320 of 355 Packet Page 321 of 355 Packet Page 322 of 355 Packet Page 323 of 355 Packet Page 324 of 355 Packet Page 325 of 355 Packet Page 326 of 355 Packet Page 327 of 355 Packet Page 328 of 355 Packet Page 329 of 355 Packet Page 330 of 355 Packet Page 331 of 355 COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO APPROVE THE AGENDA IN CONTENT AND ORDER AS AMENDED. MOTION CARRIED UNANIMOUSLY. (Councilmember Bloom was not present for the vote.) 4. APPROVAL OF CONSENT AGENDA ITEMS Councilmember Peterson requested Item D be removed from the Consent Agenda. COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCIL PRESIDENT BUCKSHNIS, TO APPROVE THE CONSENT AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY. (Councilmember Bloom was not present for the vote.) The agenda items approved are as follows: A. APPROVAL OF CITY COUNCIL MEETING MINUTES OF JANUARY 28, 2014 B. APPROVAL OF CLAIM CHECKS #206705 THROUGH #206822 DATED JANUARY 30, 2014 FOR $230,858.51 C. APPROVAL OF TOURISM PROMOTION AGREEMENTS AUTHORIZED BY THE LODGING TAX ADVISORY COMMITTEE AND EDMONDS ARTS COMMISSION E. AUTHORIZATION FOR MAYOR TO APPROVE ACCEPTANCE AND RECORDING OF A DEED OF DEDICATION FOR 321 2ND AVE N ITEM D: ORDINANCE EXTENDING THE EMERGENCY MORATORIUM RELATED TO COLLECTIVE GARDENS AND MARIJUANA PRODUCTION, PROCESSING AND RETAILING Councilmember Peterson advised he pulled this item to vote no. COUNCIL PRESIDENT PRO TEM JOHNSON MOVED, SECONDED BY MAYOR PRO TEM BUCKSHNIS, TO APPROVE ITEM D. UPON ROLL CALL, MOTION CARRIED (4-2), MAYOR PRO TEM BUCKSHNIS, COUNCIL PRESIDENT PRO TEM JOHNSON AND COUNCILMEMBERS BLOOM AND PETSO VOTING YES; COUNCILMEMBERS PETERSON AND FRALEY-MONILLAS VOTING NO. Mayor Pro Tem Buckshnis asked City Attorney Jeff Taraday to explain why the moratorium was being extended. Mr. Taraday explained the moratorium was imposed to allow the City and the Planning Board time to consider, 1) whether to allow these establishments to exist in Edmonds, and 2) if so, where to allow them and what types of zoning regulations should apply. That review has been ongoing; the Planning Board will hold a public hearing this month and forward a recommendation to the City Council for action within the next 1-2 months. Because that process is still ongoing and the moratorium will expire later this month, the proposed ordinance extends the moratorium for three months. 5. AUDIENCE COMMENTS Sally Wassall, Edmonds, a resident on Sunset Avenue, expressed her strong opposition to the Sunset Avenue Walkway. She explained many Sunset residents worked tirelessly to prevent the construction of a fence along the top of the bluff because the fence would not have prevented pedestrians accessing the railroad tracks. On January 9, 2001, after 6 years of negotiations, they received permission to plant a barrier of natural vegetation in place of the fence. Vigorosa Roses and blackberry bushes have worked well as a barrier. Additional roses need to be planted near Caspers Street above an area where BNSF recently stabilized the tracks with loads of gravel. She has heard that to build the walkway, the City will dump gravel to the west of the proposed walkway which would invalidate the agreement with BNSF to Packet Page 332 of 355 AM-6732 11. City Council Meeting Meeting Date:04/01/2014 Time:60 Minutes Submitted For:Phil Williams Submitted By:Robert English Department:Engineering Committee: Parks, Planning, Public Works Type: Potential Action Information Subject Title Continued Discussion on the Sunset Avenue Walkway Project. Recommendation Previous Council Action On March 4th and March 25th, 2014, the proposed Sunset Avenue Walkway Project was discussed and public comment was received by the City Council. The City Council requested staff on March 4th to evaluate additional design concepts based on the comments received during the meeting. Staff developed additional design concepts and presented them on March 25th. Narrative This item is a continued discussion on the proposed Sunset Avenue Walkway project. Attachments Sunset Ave Walkway Project Presentation Form Review Inbox Reviewed By Date City Clerk Scott Passey 03/28/2014 09:28 AM Mayor Dave Earling 03/28/2014 10:54 AM Finalize for Agenda Scott Passey 03/28/2014 10:56 AM Form Started By: Phil Williams Started On: 03/28/2014 09:13 AM Final Approval Date: 03/28/2014 Packet Page 333 of 355 Sunset Avenue Walkway Discussion March 25th, 2014 Council Meeting Packet Page 334 of 355 Why Should We Build the Sunset Avenue Walkway? Maximize View Access Improve Safety for All Travel Modes Provide Accessibility Packet Page 335 of 355 Maximize View Access Packet Page 336 of 355 Packet Page 337 of 355 Safety Packet Page 338 of 355 Packet Page 339 of 355 Accessibility Packet Page 340 of 355 Packet Page 341 of 355 Packet Page 342 of 355 Packet Page 343 of 355 Packet Page 344 of 355 Packet Page 345 of 355 Packet Page 346 of 355 Packet Page 347 of 355 Driveway radii with Eastside Parking Packet Page 348 of 355 Driveway radii with Eastside Parking Packet Page 349 of 355 Driveway radii with Eastside Parking Packet Page 350 of 355 Caspers St. Packet Page 351 of 355 Caspers St. Packet Page 352 of 355 Summary Five options presented for Sunset Two will not provide the required 20’ of “clear” surface for fire apparatus Three viable options on the walkway –No action –Shared use path –Shared use path with parking on the eastside Packet Page 353 of 355 Questions? Packet Page 354 of 355 Packet Page 355 of 355