MINUTES PIERCE COUNTY COUNCIL MEETING July 2, Tacoma Avenue South, Room 1045 Tacoma, WA 98402

Transcription

1 MINUTES PIERCE COUNTY COUNCIL MEETING 930 Tacoma Avenue South, Room 1045 Tacoma, WA Voice: (253) FAX: (253) Toll-Free: (800) TDD (253) (Note: These minutes are not verbatim. Audio recordings are available upon request.) I. Call to Order The regular meeting of the Pierce County Council was called to order at 3:02 p.m. by Chair McDonald. 11. Roll Call Councilmembers Present: Stan Flemming, Connie Ladenburg, Jim McCune, Joyce McDonald, Douglas G. Richardson, Dan Roach, and Rick Talbert. Council Staff Present: Paul Bocchi, Senior Budget Legislative Analyst; Denise Johnson, Clerk of the Council; Tammi Lewis, Councilmember Assistant; Susan Long, Administrator for Legal and Operations; Jenifer Schultz, Committee Clerk; Alice Sniffen, Council member Assistant; Thomas Swanson, Councilmember Assistant; and Mark Williams, Councilmember Assistant. There were approximately 35 visitors present. Ill. Pledge of Allegiance to the Flag McDonald acknowledged today's passing of the 19 firefighters in Arizona. The pledge was led by McDonald, followed by a Moment of Silence in tribute to our men and women in the Military. IV. Approval of Agenda Talbert moved approval of the agenda; motion seconded and passed on a voice vote. V. Consent Agenda No final action on any Ordinance or Resolution was taken under this Section. a. Approval of Minutes b. Action on Ordinances (refer, set date of hearing) 1. Proposal No , An Ordinance of the Pierce County Council Proposing Amendments to Section 4.80 of the Pierce County Charter to Move the Elections of County Elective Offices to Odd-Numbered Years;

2 July 2,2013 Page 2 of 10 Requesting the Auditor to Submit This Amendment to the Voters at the November 2013 General Election; and Requesting the Prosecuting Attorney to Draft an Appropriate Ballot Title. Sponsored by: Councilmember Douglas G. Richardson Council contact person: Susan Long, (253) For referral to the Rules and Operations Committee To be heard in the Rules and Operations Committee on July 8, 2013 Date of final Council hearing: July 23, Proposal No , An Ordinance of the Pierce County Council Updating and Standardizing Advisory Board Compositions, Appointment, Meeting Frequency, Departmental and Regulatory References as a Result of a Comprehensive Assessment of Advisory Boards Housed Within the Department of Community Connections; and Amending Pierce County Code Chapters 2.48, "Aging and Long Term Care Advisory Board," 2.51, "Chemical Dependency Advisory Board," 2.53, "Developmental Disabilities Advisory Board," and 2.95, "Community Services Citizens' Advisory Board". Sponsored by: Councilrnember Dan Roach Department contact person : Nellis Kim, Community Connections, (253) Council contact person: Susan Long, (253) For referral to the Rules and Operations Committee To be heard in the Rules and Operations Committee on July 15, 2013 Date of final Council hearing: August 6, 2013 c. Action on Resolutions (refer, set date of hearing) 1. Proposal No. R , A Resolution of the Pierce County Council Confirming the Appointment of Lowell Porter as the Director of the Emergency Management Department. Sponsored by: Councilmember Joyce McDonald Department contact person: AI Rose, Executive's Office, (253) Council contact person: Susan Long, (253) For referral to the Rules and Operations Committee To be heard in the Rules and Operations Committee on July 15, 2013 Date of final Council hearing: July 16, 2013 d. Action on Grant Applications/Awards e. Other Items Talbert moved approval of the Consent Agenda; motion seconded and passed on a roll call vote of seven to zero. VI. Messages from Executive/Judges/Prosecuting Attorney - None

3 Page 3 of 10 VII. Proclamations, Awards, and/or Appointments to Boards and Commissions Proposal No. R , A Resolution of the Pierce County Council Confirming the Appointment of One New Member (John Ernest Berry, Ill) to the Aging and Long Term Care Advisory Board. Talbert moved adoption; motion seconded. The Clerk read the title into the record. Long explained the Proposal. The Chair called for questions of staff; there was no response. The Chair called for public testimony. Public Testimony: John Ernest Barry, Ill, testified. The Chair thanked Barry for serving the community and volunteering on the Board. The Chair closed public testimony. The Chair called for Councilmember comments; there was no response. The question was called; the Proposal was adopted on a roll call vote of seven to zero. Proposal No. R , A Resolution of the Pierce County Council Confirming the Appointment of One New Member (David Artz) to the Mid-County Land Use Advisory Commission. Talbert moved adoption; motion seconded. The Clerk read the title into the record. Long explained the Proposal. The Chair called for questions of staff; there was no response. The Chair called for public testimony; there was no response. The Chair called for Councilmember comments; there was no response. The question was called; the Proposal was adopted on a roll call vote of seven to zero. VIII. Ordinances Proposal No , An Ordinance of the Pierce County Council Adopting Interim Land Use Regulations and Official Controls Pursuant to RCW 36.70A.390; Adding a New Chapter 18A.12 of the Pierce County Code, "Marijuana-Related Uses"; Prohibiting the Location of Marijuana-Related Facilities and Uses until the State Adopts Licensing Regulations and the County Adopts Zoning Regulations; Establishing a Working Group to Develop Draft Permanent Regulations Regarding Marijuana-Related Uses for Submittal to the Council by September 30,2013; and Adopting Findings of Fact. Talbert moved adoption; motion seconded. The Clerk read the title into the record. Long reported the Proposal received a do pass as amended recommendation by the Public Safety and Human Services Committee on June 18, Long explained the amendments passed in committee were forwarded to the Council and are contained on Committee Amendment No. 1 on yellow.

4 Page 4 of 10 Talbert moved Committee Amendment No. 1 on yellow; motion seconded. Long explained the amendments. The Chair called for public testimony on Committee Amendment No. 1 on yellow; there was no response. The Chair called for Councilmember comments on Committee Amendment No. 1 on yellow; there was no response. The question was called; Committee Amendment No. 1 on yellow was passed. Long spoke to the interim controls period of marijuana-related activities, and explained the working group. The working group will consist of representatives from the Planning and Land Services, Sheriff, Prosecuting Attorney, County Council, and Executive departments. The Chair called for questions of staff; there was no response. The Chair called for public testimony on the amended Proposal. Public Testimony: Cat Jeter testified. The Chair closed public testimony. Long spoke to the federal and state laws regarding marijuana-related uses. The Chair called for Councilmember comments; there was no response. The question was called; the Proposal was passed as amended on a roll call vote of seven to zero. Proposal No , An Ordinance of the Pierce County Council Granting a Nonexclusive Franchise to the Eastwood Park Water Company, for Location of Waterlines on Certain County-Owned Rights-of-Way; and Authorizing the County Executive to Execute Said Franchise. Talbert moved adoption; motion seconded. The Clerk read the title into the record. Bocchi explained the Proposal and reported the Proposal received a do pass recommendation at the Economic and Infrastructure Development Committee meeting on June 25, The Chair called for public testimony; there was no response. The Chair closed public testimony. The Chair called for Councilmember comments; there was no response. The question was called; the Proposal was passed on a roll call vote of seven to zero. Proposal No , An Ordinance of the Pierce County Council Ratifying the Collective Bargaining Agreement Reached with the Washington Alliance of Technology Workers, Local No of The Newspaper Guild, Communications Workers of America, AFL-CIO, CLC; and Amending the Pierce County Salary Classification Plan. Talbert moved adoption; motion seconded. The Clerk read the title into the record. Bocchi explained the Proposal and spoke to the medical insurance for the employees. Bocchi

5 July 2, Page 5 of 10 reported the Proposal received a do pass recommendation at the Rules and Operations Committee on June 24, The Chair called for public testimony; there was no response. The Chair closed public testimony. The Chair called for Councilmember comments; there was no response. The question was called; the Proposal was passed on a roll call vote of seven to zero. The Chair explained that committee process for this Proposal and the upcoming Proposals. Proposal No , An Ordinance of the Pierce County Council Ratifying the Collective Bargaining Agreement Reached with the Professional and Technical Employees Engineering, Local No. 17, and Amending the Pierce County Salary Classification Plan. Talbert moved adoption; motion seconded. The Clerk read the title into the record. Bocchi explained the Proposal and reported the Proposal received a do pass recommendation at the Rules and Operations Committee on June 24, The Chair called for questions of staff; there was no response. The Chair called for public testimony; there was no response. The Chair closed public testimony. The Chair called for Councilmember comments; there was no response. The question was called ; the Proposal was passed on a roll call vote of seven to zero. Proposal No , An Ordinance of the Pierce County Council Ratifying the Collective Bargaining Ag reement Reached with the Professional and Technical Employees Engineering Supervisors Unit, Local No. 17; and Amending the Pierce County Salary Classification Plan. Talbert moved adoption ; motion seconded. The Clerk read the title into the record. Bocchi explained the Proposal and reported the Proposal received a do pass recommendation at the Rules and Operations Committee on June 24, The Chair called for questions of staff; there was no response. The Chair called for public testimony; there was no response. The Chair closed public testimony. The Chair called for Councilmember comments; there was no response. The question was called; the Proposal was passed on a roll call vote of seven to zero. IX. Resolutions Proposal No. R s, A Resolution of the Pierce County Council Appointing Kevin McCann as Judge, to Fill a Vacancy in Pierce County District Court, Position No. One. Talbert moved adoption; motion seconded. The Clerk read the title into the record. Long explained the Proposal and spoke to Section of the Revised Code of Washington and

6 Page 6 of 10 the Special Meeting of the Council to fill the vacancy. Long reported the Proposal received a do pass as substituted recommendation at the June 25, 2013, Committee of the Whole meeting. Kevin McCann addressed the Council. The Chair called for public testimony. Public Testimony: Mark Ladenburg, Prosecuting Attorney, testified. The Chair closed public testimony. The Chair called for Councilmember comments; Ladenburg and Richardson responded. The Chair provided final comments. The question was called; the Proposal was adopted on a roll call vote of seven to zero. Proposal No. R , A Resolution of the Pierce County Council Appointing _--,--:--:---=- to the Position of Wash ington State Representative, Representing the 28th Legislative District. Talbert moved adoption; motion seconded. The Clerk read the title into the record. Long explained the Proposal and the appointment process. The Chair recognized Charlotte Carroll, wife of the late Senator Mike Carroll. The Chair explained the interview process. Each nominee responded to Councilmember questions and each nominee provided closing statements. The line-up of the interviews was as follows: Dick Muri, Paul Wageman and Malcolm Russell. The Chair called for public testimony. Public Testimony The following individuals testified: Rich Wall, Padre Francis Jeffery, Bob Forbes, Bob Brown, Merri Harman-Penna, Diana Olson, Beatrice Christopherson, Valerie Tresner, Jennie Stephenson, Trish Otterholt, Pat Finnigan, Darren Nelson, Susan Nelson, Jim Cooper, Linda Wageman, and John Maxwell. At 5:05 p.m. the Chair announced the Council will be in Executive Session; at 5:29 p.m. the Council returned from Executive Session. Councilmembers provided comments on the nominees. Roach moved an oral amendment to insert Dick Muri in Resolution No. R ; motion was seconded and passed.

7 July 2,2013 Page 7 of 10 The question was called; the Proposal was adopted as amended on a roll call vote of seven to zero. The Chair introduced State Representative Dick Muri. Muri addressed the Council. X. Other Business/Announcements - None XI. Citizens' Forum - None XII. Adjournment There being no further business, the meeting was adjourned at 5:44 p.m. Attest: Approved:, Clerk of the Council cdonald, Council Chair Date Approved

8 Page 8 of 10 Pierce County Council 930 Tacoma Ave S, Rm 1046 Tacoma, WA (253) FAX (25 3) Toll-Free (800) June 18, 2013 ATTACHMENT 1 Passed as amended at the Special Public Safety and Human Services Committee meeting on June 18, Committee Amendment No. 1 Proposed Ordinance No Yellow To: From: Public Safety & Human Services Committee Members: Dan Roach, Chair Stan Flemming, Member Connie Ladenburg, Member Doug Richardson, Member Council member Dan Roach Hearing Date: June 18, 2013 Attachments: None Subject: Amendment to Proposed Ordinance No I recommend the following amendments to proposed Ordinance No as follows : 1) On page 1 of the Ordinance, at line 19, following the word "Uses";" strike "Prohibiting" and insert: "Clarifying Prohibitions on"; line 22 before the word "Zoning" insert "Further"; line 22 following the words "Group to" insert "Recommend" and strike on line 23 "Develop Draft Permanent". 2) On page 1 of the Ordinance, at line 36 insert the following new Whereas: Whereas, The United States Department of Justice in a letter to the Commissioners of Clark County, Washington dated January 17, 2012, stated that "Congress has determined that marijuana is a schedule I controlled substance and, as such, growing, distributing, and possessing marijuana in any capacity, other than as part of a federally authorized research program, is a violation of federal law regardless of state laws permitting such activities;" and Whereas, P.C.C. 18A , interpreting and applying zoning regulations, provides that "federal regulations shall control when they establish more protective restrictions than are established in this Title, provided such regulations are consistent with and implement the County's Comprehensive Plan; and

9 Page 9 of 10 Committee Amendment No. 1 to Proposed Ordinance No June 18, 2013 Page 2 3) On page 1 of the Ordinance, at lines 37-44, change the following "Whereas" to read: Whereas, marijllana prodllgtion, progessin l, and retailin lllses may be addressed in the COllnty's Development Re llllations, bllt the impacts of marijuana production, processing, and retailing uses under a licensed system these lises are still largely unknown and whether the re llllations that the County will need to adopt further regulations to address them are uncertain pending the State's adoption of its licensing regulations and procedures; and Whereas, unless the County acts immediately to clarifyaddress marijuana-related uses, some personssllgh lises may precipitously cmoosebe able to locate such uses in the County thereby triggering burdensome code enforcement actions at a later datewithout re lulation and thereby have adverse imfjagts on the County and its Gitizens; and 4) On page 2 of the Ordinance, at line 33 (Section 5), insert "recommendations after the word "develop" and strike "draft permanent regulations"; and on line 34 after the word "replace" insert "or continue as permanent"; line 35 after the word "The" insert "recommendations" and on line 36 strike "draft permanent regulations". 5) On page 2 of Exhibit A, to Ordinance No , change the following Section to read as follows: 18A.12,020 State-Licensed Facilities. A. Relationship to Federal Law. The production, processing, and retailing of marijuana is and remains illegal under federal law. Nothing in this Chapter or as provided elsewhere in the Pierce County Code authorizes or permits any person or entity to circumvent or violate federal law. B. Marijuana-Related Land Uses Prohibited. The production, processing, and retailing of marijuana is prohibited in all zones of the County. Such prohibition shall apply until such time as: 1. The state liquor control board has issued permanent regulations governing the licensing of such uses; and 2. The County adoptshas adofjted fjermanent zoning regulations making permanent the zoning regulations provided fo by this ordinance or clarifying further lovernin l the location and operation of such uses within unincorporated Pierce County. C. Ufjon the issuange of fjermanent re lulations by the state liquor Gontrol board lovernin l the licensin l of marijuana f)fodugers, marijuana f)fogessors, and marijllana retailers, Plannin l and Land ServiGes Defjartment staff is reqllested to exfjeditiously fjrefjare draft zonin l re lulations lovernin l the location and ofjeratien of SUGh uses I'.'ithin the COllnty. SlIGh re llllations shall be fjresented to the Plannin l Commission and the CounGil for consideration and agtion in due GOllrse. SlIGh re lulations shall fjermit the

10 Page10of10 10Gation of marijtlana f)roatlgers, marijtlana flrogessor, ana marijtlana retailers in the Cotlnty to the elltent, btlt only to the e)elent, atlthorizea by state law ana then only when in GOmfllianGe '... ith state ligensing reeltlirements ana the Cotlnty's regtllations. g, Nuisance Abatement. In addition to any other available remedy or penalty, any violation of this Section is declared to be a public nuisance per se, and may be abated under the applicable provisions of this Code or state law.