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HomeMy WebLinkAbout10/8/2013 - City Council - City Council Meeting Agenda Packet• E • CITY OF EAST WENATCHEE OCTOBER 8, 2013 JOINT MEETING WITH DOUGLAS COUNTY • COMMISSIONERS 6:00 P.M. REGULAR CITY COUNCIL MEETING AGENDA 6:30 P.M. 6:00 P.M. JOINT MEETING A Joint meeting with the Douglas County Commissioners to conduct a public hearing beginning at 6:00 p.m. to consider the following proposal relating to the Storm Water Management Utility Codes for the City and the County: A. Amendment to Douglas County Code (DCC) sections: DCC 19.40.210(C)(1) to update the code to reflect the current service charge per equivalent service unit (ESU).; DCC 19.40.210(E) to modify the effective date of service charge credits; DCC 19.40.220 (A), (B), and (D) to modify billing date, due date and date of delinquency of the service charge. B. Amendment to East Wenatchee Municipal Code (EWMC) sections: EWMC 13.10.210 (C)(1) to update the code to reflect the current service charge per equivalent service unit (ESU).; EWMC 13.10.210(C)(2)(e) to modify the effective date of service charge credits; EWMC 13.10.220 (A), (B), and (D) to modify billing date, due date and date of delinquency of the service charge. • 1. 13-10-01 First reading of an Ordinance of the City of East Wenatchee updating the billing procedures for its Stormwater Utility by amending portions of Chapter 13.10 of the East Wenatchee Municipal Code. (Brandon Mauseth, Associate Engineer) 6:30 p.m. ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS APPRECIATION AWARDS Jeremy Lovold - 5 years of service and Dana Barnard — 20 years of service to the City of East Wenatchee. BUDGET REPORT Finance Director Nick Gerde - Forecast for the Year-end Financial Results for 2013 - Preliminary Budget for 2014 MAYOR'S REPORT • Continued on next page .... In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at 509-884-9515. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Page 1 of 2 ` CONSENT CALENDAR 2. Consideration of Minutes — Regular Session, September 24, 2013 IS3. Consideration of Payables PUBLIC HEARING(S) 4. 13-10-02 A public hearing regarding Ordinance 2013-06 adopted by the City Council on August 13, 2013 imposing a moratorium on the establishment of certain marijuana - related facilities; defining certain marijuana -related terms, and entering legislative findings. (Lori Barnett, Community Development Director) RESOLUTION(S) 5. 13-10-03 A Resolution adopting the City of East Wenatchee, Washington adopting the City of East Wenatchee Policy for Compliance Regarding Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973. (Devin Poulson, City Attorney) 6. 13-10-04 A Resolution of the City of East Wenatchee, Washington adopting a Section 504 Grievance Procedure. (Devin Poulson, City Attorney) • ACTION ITEMS) • 7. 13-10-05 Appointment of American with Disabilities Act (ADA) Coordinator. (Devin Poulson, City Attorney) 8. 13-10-06 Appointment of Section 504 Grievance Coordinator. (Devin Poulson, City Attorney) 9. 13-10-07 A Subrecipient Agreement with the Columbia Valley Housing Association to award the 2011 and 2012 Community Development Block Grant (CBDG) funds for the homeownership assistance program. (Lori Barnett, Community Development Director) COUNCIL REPORTS ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please 4? contact the City Clerk at 509-884-9515. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Page 2 of 2 CITY OF EAST WENATCHEE COUNCIL MINUTES SEPTEMBER 10, 2013 CITY OF EAST WENATCHEE, WASHINGTON REGULAR SESSION OF THE CITY COUNCIL CONVENED MAYOR STEVEN C. LACY, PRESIDING SEPTEMBER 24, 2013 6:30 P.M. ROLL CALL Mayor Steven C. Lacy Councilmember Harry Raab Councilmember Frank Collings Councilmember Wayne Barnhart Councilmember Tim Detering Councilmember Sandra McCourt Councilmember George Buckner Councilmember Chuck Johnson - excused EMPLOYEES IN ATTENDANCE City Attorney Devin Poulson Police Chief Randy Harrison City Clerk Dana Barnard Community Development Director Lori Barnett Finance Director Nick Gerde Public Works Director Greg Pezoldt Associate Engineer Brandon Mauseth Maintenance Worker Bobby Schott Clerical Assistant Shawn Munson APPRECIATION AWARDS Mayor Lacy presented Bobby Schott and Amber Schultz with a Certificate of Recognition for completing five years of public service to the City of East Wenatchee. BUDGET REPORT Finance Director Nick Gerde submitted and reviewed the minutes from the September 12, 2013, Budget Committee meeting. DEPARTMENT REPORT Finance Director Nick Gerde submitted and reviewed the Financial Report for the month of August 2013. MAYOR'S REPORT Mayor Lacy reported the following: • He received an update from Public Works Director Greg Pezoldt, who noted that the Eastmont Project Contract stated the project should be done by October 28t', some items will not be finished by that date, but the Contract will be completed this year. • He asked City Attorney Devin Poulson to give an update regarding completion of the Information Technology Project. Mr. Poulson noted the new website should be completed by the 1st of CITY OF EAST WENATCHEE COUNCIL MINUTES SEPTEMBER 10, 2013 • November for Beta testing, and ready to go live in December 2013. • He noted that City Attorney Devin Poulson suggested scheduling Council workshops allowing time for in-depth discussions and an opportunity to present new ideas. • He received a request from the Washington Committee for Employer Support of the Guard and Reserve asking for the City to sign and display a Statement of Support Certificate. Without objection he would sign the Certificate. No objections were heard. • 0 CONSENT CALENDAR Items listed below were distributed to Councilmember's in advance for study and were enacted in one motion. Council Action: A motion was made by Councilmember Detering, second by Councilmember McCourt, to approve the Consent Calendar as presented. The motion carried, 6-0. 1. Consideration of Minutes — Regular Session, September 10, 2013 2. Consideration of Payables and Payroll i. 2013 Pa. a� — As of this date, September 24, 2013, Council does approve check numbers 39343, 39344, 39381, and 39384 through 39442 in the total amount of $165,259.75. Payables checks 39275, 39285, 39287, 39298, 39306, and 39308 were voided. ii. 2013 Payroll — As of this date, September 24, 2013, Council does approve August 2013 payroll in the amount of $368,267.85, including check numbers 39135 through 39167, 39215, 39216, and 39218 through 39267. No payroll checks were voided. ACTION ITEMS) 13-09-03 Approval of an Agreement concerning occupancy of City right of way between the City of East Wenatchee and TAB Land LLC, for property located at 555 3`d Street SE. Presented by: Lori Barnett, Community Development Director Council Action: A motion was made by Councilmember Barnhart, second by Councilmember Buckner to approve the Agreement concerning occupancy of City right of way between the City of East Wenatchee and TAB Land LLC, for property located at 555 3`d Street SE. The motion carried, 6-0. 13-09-04 Authorization for the Mayor to execute a Contract for the 3`d Street SE and Jarvis Avenue Small Works Stormwater Improvement Project. Presented by: Brandon Mauseth, Associate Engineer Council Action: A motion was made by Councilmember Detering, second by Councilmember Buckner, to authorize the Mayor to execute a Contract with J&K Earthworks with the low bid of $54,210 for the 3`d Street SE and Jarvis Avenue Small Works Stormwater Improvement Project. The motion carried, 6-0. 2 CITY OF EAST WENATCHEE COUNCIL MINUTES SEPTEMBER 10, 2013 • 13-09-05 Approval and authorization for the Mayor to execute a Contract for the City Hall Employee Parking Lot Overlay Project. Presented by: Brandon Mauseth, Associate Engineer Council Action: A motion was made by Councilmember Barnhart, second by Councilmember Collings to approve and authorize the Mayor to execute a Contract with Granite Construction who submitted the sole bid of $13,860 for the City Hall Employee Parking Lot Overlay Project. The motion carried, 6-0. RESOLUTION(S) 13-09-06 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to sign an Interlocal Cooperative Agreement between Douglas County and East Wenatchee for Storm Water Utility Billing and Collection. Presented by: Brandon Mauseth, Associate Engineer Council Action: A motion was made by Councilmember Detering, second by Councilmember Raab, to adopt the resolution authorizing the Mayor to sign an Interlocal Cooperative Agreement between Douglas County and East Wenatchee for Storm Water Utility Billing and Collection. The motion carried, 6-0. Resolution No. 2013-17 • A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to sign an Interlocal Cooperative Agreement between Douglas County and East Wenatchee for Storm Water Utility Billing and Collection. Council Action: A motion was made by Councilmember Barnhart, second by Councilmember Collings, to set a Public Hearing date for October 8, 2013, at 6 p.m. for Stormwater Utility Billing Code updates. The motion carried, 6-0. 13-09-07 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to sign the Association of Washington Cities Employee Trust Health Care Program Interlocal Agreement. Presented by: Devin Poulson, City Attorney Council Action: A motion was made by Councilmember Raab, second by Councilmember Buckner, to authorize the Mayor to sign the Association of Washington Cities Employee Trust Health Care Program Interlocal Agreement. The motion carried, 6-0. Resolution No. 2013-16 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to • sign the Association of Washington Cities Employee Trust Health Care Program Interlocal Agreement. CITY OF EAST WENATCHEE COUNCIL MINUTES SEPTEMBER 10, 2013 9 COUNCIL REPORT(S) Councilmember Barnhart asked if the damage to the rotunda floor had been turned over to the Insurance Agency. City Attorney Devin Poulson, stated that it had not. Councilmember Detering reported the following: • Four individuals were nominated to be on the Chamber of Commerce Board this year. • The East Wenatchee Noon Networking Business group had a lot of suggestions regarding the downtown area. • He attended the Ribbon Cutting Ceremony for the Goodwill expansion. The following reports/minutes were submitted in writing prior to the City Council meeting. • Councilmember McCourt — minutes from the Regional Support Network Governing Board meeting held on August 5, 2013. ADJOURNMENT 7:30 p.m. • Dana Barnard City Clerk • 4 J 4 CITY OF EAST WENATCHEE CHECK REGISTER 2013 PAYABLES 8-Oct-13 CHECK NUMBERS: 39443-39488 OIDED CHECKS: 39430 DEPARTMENT/FUND ACCOUNT NUMBER AMOUNT 1274.39 50.00 28097.66 Current Expense Fund: 001 001 000 General Government Department_ 001 000 000 001 000 001 Legislative Department Municipal Court Department 001 000 110 8,130.62 001 000 120 001 000 140 001 000 141 _ _ 001 000 142 001 000 145 001 000 160 001 000 151 001 000 180 534.58 376.04 City Clerk Department Internal Services Department Finance Department Civil Service 7,593.90 84.34 2,068.95 2,837.92 Legal Service Central Services Department Police Department 001 000 210 001 000 230 Detention (Jail Services) 001 000 250 Engineering Services 001 000 315 505.92 Planning Department 001 000 580 779.93 Code Compliance Department 001 000 590 Agency Disbursements 001 001 000 - 52,334.25 beet Fund. ttNFDES 050 000 310-050 000 313 55,942.54 4reet Maintenance 101 000 420 18,678.12 Street Administration 101 000 430 422.73 Street General 101 000 000 Street Construction 101 000 950 - Street Fund Total 75,043.39 Other Funds: Comm Dev Grants Fund 102 000 000 Library Fund 112 000 000 174.92 Drug Fund 114 000 000 Criminal Justice Fund 116 000 000 East Wenatchee Events Board 117 000 000 2,128.05 Street Improvement Fund 301-000-000 781,894.57 Capital Improvement Fund 314 000 000 - Other Funds Total 784,197.54 911,575.18 Grand Total All Funds r e _ Fund Transaction Summary 001-000-000- Current Expense $50.00 001-000-001- Sub -Department $28,097.66 001-000-110- Sub -Department $8,130.62 001-000-120- Sub -Department $534.58 001-000-140- Sub -Department $376.04 001-000-145- Sub -Department $7,593.90 001-000-151- Sub -Department $84.34 001-000-180- Sub -Department $2,068.95 001-000-210- Sub -Department $2,837.92 001-000-315- Sub -Department $505.92 001-000-580- Sub -Department $779.93 001-001-000- Department $1,274.39 050-000-312- Sub -Department $50,805.81 050-000-313- Sub -Department $5,136.73 101-000-420- Sub -Department $18,678.12 101-000-430- Sub -Department $422.73 112-000-000- Library Fund $174.92 117-000-115- Sub -Department $5.42 117-000-400- Sub -Department $2,122.63 301-000-000- Street Improvement Fund $781,894.57 Count: 20 $911,575.18 • Execution Time: 25 second(s) Printed by EASTWENATCHEE\ASchulz on Page 1 of 1 East Wenatchee - Fund Transaction Summary • J • N N N N O O O O U-) LO LO LO 't le 11 It OF l 60 60% 40 M O N -p a) d E O Y U C O ° U N � U ii ii d O Y U 0 O 0 M C+Nj CD C LL co— LO O) O.� 1.. 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GERDE, FINANCE DIRECTOR - J 271 91H STREET NE o EAST WENATCHEE, WA 98802 PHONE (509) 886-4507 • FAX (509) 886-6109 October 8, 2013 Mayor and City Councilmembers Subject: Recommendations for 2013 Budget Amendments The following 2013 budget amendments will need to be made prior to the end of the year; 1. Re -distribute the original allocation of property taxes to the funds which need to be supported. This will not change the amount of the Is property tax estimates, but rather the appropriation by fund. 2. Increase the capital expenditure budget in the Street Fund to allow for purchase of the new lawn mower. The amount of the purchase allocated to the Street Fund is $15,000. Council was previously apprised of and approved this expenditure. 3. Increase the Street fund operational budget by a total of $40,000, including $25,000 to labor/benefits and $15,000 to snow/ice supplies. I will prepare the appropriate documentation for consideration at the next Council meeting on October 22, 2013. Vcede Finance Director 40 ,I • CITY OF EAST WENATCHEE NICK A. GERDE, FINANCE DIRECTOR 271 9TH STxLLI, NE a EAST WENATC1 IEE, WA 98802 PHONE (509) 886-4507 • FAX (509) 886-6109 October 3, 2013 Mayor & City Council Subject: Attached Worksheets Reflecting the Preliminary Budget for 2014 The attached worksheets include the following: Preliminary Budget for 2014: This schedule reflects budgeted financial activity by fund for 2014. Please note the items that have been highlighted in yellow. The comparison of beginning cash and ending cash for the year reflects a decrease, with the resulting estimated end of the year balance of $2,452,711. Please recognize the following: 1. The Preliminary Budget is the culmination of the Department Heads of the City developing their spending plans for 2014, with presentations and review by the Budget Committee. 2. Coordination of the Finance, Public Works and Community Development functions of the City developing the Street Improvement and Capital Improvement budgets for revenue and estimated costs. 3. The Finance Director developed revenue estimates for the 35 to 40 revenue sources of the City, some of which were coordinated with Department Heads responsible for their generation and/or receipting, eg. (business licenses, planning fees, checking fees, Municipal Court revenue, etc.). 4. Budget guidelines, input and review were provided by the Mayor. The operating margin has been calculated as an indication of operations without the impact of capital projects. Generally, the margin represents the scope of the difference between normal recurring .revenues and expenditures. This difference can also be characterized as the r conservatism in estimating revenues and the historical pattern of operating . less than, but very close to operating budgets. Preliminary Budget for Street Project Status for 2013: The preliminary budget for 2014 also includes estimated revenues and costs for street improvement projects that are scheduled for completion in 2014, and the resultant estimated City match. The match also includes the sources of revenues that are allocated to satisfy the match. Please note that I have listed the two purchases of property scheduled for 2014 in the Capital Improvements Fund. The Budget Committee will meet on October 171" to discuss and deliberate over the 2014 Preliminary Budget. If you should have questions about the status of the Budget or any items that you want the Budget Committee to consider, please communicate these issues by contacting Mayor Lacy or bring them up at the Council Meeting on October 8tn --�a Nick Gerde Finance Director Attachments: as noted City of East Wenatchee, Washington 2014 Preliminary Budget Worksheet By Fund • 2014 Preliminary Budget Beginning Add: Less: Balance Budgeted Budgeted Jan 1, 2014 Revenue. Expenditures General Fund 2,236,769 6,357,954 6,672,577 Street Fund 75,437 723,500 753,250 CD Grants Fund 25,568 130,065 130,065 Library Fund 2,609 3,000 4,000 Hotel/Motel Tax Fund 44,002 38,400 25,000 Drug Fund 956 500 - Criminal Justice Fund 24,841 14,400 - Events Fund 13,304 125,350 134,550 - Bond Fund 7,491 197,407 197,893 Sub -total from Operations 7,590,576 7,917,335 Street Improvements Fund 263,768 1,751,053 1,800,704 Capital Improvements Fund 446,105 472,000 791,000 Sub -total from Capital Projects 2,223,053 2,591,704 ER&R Fund 7,331 - - Trans Benefit District Fund 62,552 185,000 128,000 Ending Balance Dec 31, 2014 1,922,146 45,687 25,568 1,609 57,402 1,456 39,241 4,104 7,005 214,117 127,105 7,331 119,552 Total 3,210,733 9,998,629 10,637,039 2,452,771 Reconciliation Schedule: Results from Operations Revenue 7,590,576 Expenses 7,917,335 Deficit (326,759) Allocation of Property Taxes to Capital 650,000 • Adjusted Operating Margin 323,241 I CITY of EAST WENATCHEE 2014 BUDGET YEAR • STREET PROJECTS - PRELIMINARY BUDGET BUDGETED ESTIMATED CITY PROJECT COST - 2013 REVENUE MATCH 9TH STREET PRESERVATION 544,848 471,293 (73,555) 15TH STREET PRESERVATION 287,156 248,390 (38,766) FRENCH STREET IMPROVEMENTS 425,000 195,160 (229,840) CITY-WIDE SAFETY PROJECT 225,000 225,000 - VMP GRANT TO 9TH - ENGR 100,000 86,500 (13,500) TRAFFIC SIGNAL 9TH & VMP ENGR 54,000 46,710 (7,290) TBD RESIDENTIAL STREET PROJECT 128,000 128,000 - KENROY PARK N. JAMES PROJECT 26,700 - (26,700) • PED/CYCLE ACCESS LOOP TRAIL 10000 - (10,000) VMP FACADE PROJECT 30000 - (30,000) �J Sub - Total 1,830,704 1,401,053 PROPERTY TAX ALLOCATION SUPPORT 111►D11.7-3 e\01 Z010c CAPITAL IMPROVEMENT PROJECTS: WSDOT PROPERTY PURCHASE 370,000 GATEWAY PROPERTY PURCHASE 391,000 (429,651) (49,651) r From: City of East Wenatchee Send Bill and Affidavit of Publication To: Teresa Allen Office of the City Clerk Finance Department 271 9th Street NE City of East Wenatchee East Wenatchee, WA 98802 271 9th Street NE East Wenatchee, WA 98802 Date: 09/24/201 3 From: Dana Barnard To: Legal Advertising E-Mail: dbarnard@east-wenatchee.com Company: Wenatchee World Phone: 509-884-951 5 Subject: Notice of Public Hearing Publish: September 27, 2013 Pages 1 x PLEASE CONFIRM RECEIPT OF THIS E-MAIL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT the East Wenatchee City Council and the Douglas County Board of Commissioners will hold a joint special meeting on Tuesday, October 8, 2013 to conduct a public hearing beginning at 6:00 PM at the East Wenatchee City Hall, Council Chambers, 271 9th St. NE, East Wenatchee, Washington to consider the following proposals relating to the Surface and Storm Water Management Utility Codes for the City and County: A. Amendment to Douglas County Code (DCC) sections: DCC 19.40.210(C)(1) to update the code to reflect the current service charge per equivalent service unit (ESU).; DCC 19.40.210(E) to modify the effective date of service charge credits; DCC 19.40.220 (A), (B), and (D) to modify billing date, due date and date of delinquency of the service charge. • B. Amendment to East Wenatchee Municipal Code (EWMC) sections: EWMC 13.10.210 (C)(1) to update the code to reflect the current service charge per equivalent service unit (ESU).; EWMC 13.10.210(C)(2)(e) to modify the effective date of service charge credits; EWMC 13.10.220 (A), (B), and (D) to modify billing date, due date and date of delinquency of the service charge. The public is invited to attend the public hearing, at the date, time, and location noted above, and provide comment on the proposals described above. Materials pertaining to the proposal under consideration may be reviewed, during regular business hours, at the office of the East Wenatchee Public Works Department, 271 9th St. NE, East Wenatchee, WA, 98802, Phone 509.884.1829 or the Douglas County Department of Transportation and Land Services, 140 191h St. NW, Suite A, East Wenatchee WA 98802, Phone 509.884.7173. • Page 1 of 1 SIGN IN ONLY IF YOU WISH TO MAKE COMMENTS DURING THE PUBLIC HEARING 0 A PUBLIC HEARING Residents of East Wenatchee and other interested parties are invited to comment on amendments to the East Wenatchee Municipal Code Sections: 13.10.210(C)(1) to update the code to reflect the current service charge per equivalent service unit; Section 13.10.210(C)(2)(e) to modify the effective date of service charge credits; Section] 3.10.220(A), (B), and (D) to modifv billina date. due date and delinauencv of service charae. Storm Water October 8, 2013 PRINT NAME SIGNATURE ADDRESS 1 2 3 4 5 6 7 - 9 10 11 12 13 14 15 16 17 18 19 20 21 22 25 COUNCIL AGENDA BILL # PRESENTER: POSITION: CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL 13-10-01 AGENDA ITEM # 1 Brandon Mauseth Associate Engineer AGENDA DATE: October 8, 2013 DEPARTMENT: Public Works TITLE: First reading of an Ordinance of the City of East Wenatchee updating the billing procedures for its Stormwater Utility by amending portions of Chapter 13.10 of the East Wenatchee Municipal Code BACKGROUND/HISTORY: On September 24, 2013, City Council approved Resolution No. 2013-17 amending an existing Interlocal Agreement with the Douglas County Treasurer to perform billing and collection services on behalf of the City for our Stormwater Utility. The proposed ordinance will amend the City's East Wenatchee Municipal Code (EWMC), Chapter 13.10 Surface and Storm Water Management Utility Code to reflect those revisions. Please refer to the attached ordinance for specific language changes. The specific updated sections of the EWMC are; 13.10.060 Authority and powers 13.10.110 Development Standards Reference to East Wenatchee Municipal Code 13.10.210 Rates and charges C. Service Charges, Credits and Exemptions 1. Service Charges. (Following approved increase in 2009) 2. Credits d. Reference to East Wenatchee Municipal Code e. Effective date of service charge credit 13.10.220 Billing practices, refunds and collection. A. Billing Date B. Due Date D. Penalties and Interest on Delinquency 13.10.310 Enforcement 13.10.330 Implementation A Page 1 of 2 • 0 • EXHIBITS: • Ordinance No. 2013-07 RECOMMENDED ACTION: • Elevate the Ordinance to second reading and adopt the Ordinance. FINANCIAL DATA: Expenditure Required Amount Budgeted Appropriation Required ACTION TAKEN: Motion Made By:� eC Councilmember Collings Councilmember Johnson Councilmember McCourt Councilmember Barnhart Passed: Failed: Second By:tC Councilmember Raab Councilmember Buckner Councilmember Detering Mayor Lacy (in case of tie) Page 2 of 2 City of East Wenatchee, Washington Ordinance No. 2013-07 An Ordinance of the City of East Wenatchee updating the billing procedures for its Stormwater Utility by amending portions of Chapter 13.10 of the East Wenatchee Municipal Code. 1. Alternate format. 1.1. Para leer este documento en otro formato (espanol, Braille, leer en voz alta, etc.), pongase en contacto con el vendedor de la ciudad al alternatformat@east- wenatchee.com, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@east-wenatchee.com, at • (509) 884-9515, or at 711 (TTY). 2. Authority. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: 3. Amendment. The City Council amends Chapter 13.10 of the East Wenatchee Municipal Code as set forth in Exhibit A. 4. Severability. If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law, such declaration shall not affect the validity of the other provisions of this Ordinance. 5. Publication. The City Council directs the City Clerk to publish a summary of this Ordinance. The summary shall consist of the title of this Ordinance. • City of East Wenatchee Ordinance 2013-07 Page 1 of 3 • 6. Effective Date. This Ordinance becomes effective five days after the date its summary is published. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this day of , 2013. The City of East Wenatchee, Washington By Steven C. Lacy, Mayor Attest: Dana Barnard, City Clerk Approved as to form only: Devin Poulson, City Attorney Filed with the City Clerk: Passed by the City Council: Published: _ Effective Date: • City of East Wenatchee Ordinance 2013-07 Page 2 of 3 • Summary of Ordinance No. 2013-07 Of the City of East Wenatchee, Washington On the day of , 2013, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2013-07, the main point of which may be summarized by its title as follows: An Ordinance of the City of East Wenatchee updating the billing procedures for its Stormwater Utility by amending portions of Chapter 13.10 of the East Wenatchee Municipal Code. Upon request, the City will mail a full text of this Ordinance. Dated this day of , 2013. Dana Barnard, City Clerk • City of East Wenatchee Ordinance 2013-07 Page 3 of 3 Ordinance No. 2013-07 Exhibit A • Chapter 13.10 SURFACE AND STORM WATER MANAGEMENT UTILITY CODE* Sections: 13.10.010 Title. 13.10.020 Findings. 13.10.030 Purpose. 13.10.040 Definitions. 13.10.050 Utility creation. 13.10.060 Authority and powers. 13.10.070 Utility program elements. 13.10.080 Administration. 13.10.090 Program coordination. 13.10.100 Operations and maintenance. 13.10.105 Administrative support. 13.10.110 Development standards. 13.10.200 Funding. 13.10.210 Rates and charges. 13.10.220 Billing practices, refunds and collection. 13.10.225 Alternative collection procedure. 13.10.300 Inspection and right of entry. • 13.10.310 Enforcement. 13.10.320 Appeals. 13.10.330 Implementation. *Prior legislation: Ord. 98-7. 13.10.010 Title. This chapter shall be known as the "surface and storm water management utility code" and shall be referred to in this chapter as the "code." (Ord. 99-8 § 1, 1999) 13.10.020 Findings. A. Surface water and storm water runoff and drainage within the service area must be controlled in a manner that mitigates damage to property, erosion of soil and restriction of natural or manmade watercourses due to unrestricted sedimentation. B. The current level of funding available to the city for surface water and storm water management is not adequate to meet current and future needs to protect lives and private and public property from damage. C. Existing surface water and storm water runoff and drainage facilities must be adequately maintained, operated and replaced through a funding program that is fair and equitable. • Ordinance No. 2013-07 Exhibit A • D. All developed real property within the service area contributes runoff that impacts the surface water and storm water management system and should participate financially in the development, operation, maintenance, operation and administration of the surface and storm water management system. E. The extent of a parcel's impervious surfaces and rate of surface water and storm water runoff from such parcel are primary factors determining the parcel's contribution to flow rate and quantity of runoff and impacts upon the surface water and storm water management system. (Ord. 99-8 § 1, 1999) 13.10.030 Purpose. The purpose of this code is to promote and protect the public health, safety, and welfare by establishing a comprehensive approach to surface and storm water management pursuant to Chapter 35.67 RCW. This code seeks to protect life and property from storm, waste, flood and surplus surface waters; to protect water quality by preventing siltation, contamination and erosion of waterways; to protect aquifers; to protect fish; to assure compliance with federal and state surface water management and water quality requirements; to increase public education and citizen involvement; and to encourage the preservation of natural drainage systems. (Ord. 99-8 § 1, 1999) 13.10.040 Definitions. The following definitions shall apply throughout this code: A. "Administrator" means the East Wenatchee city engineer or designee. B. "Basin plan" means a plan and all implementing regulations and procedures including but not limited to capital projects, public education activities, land use management regulations adopted by ordinance for managing surface and storm water quality and quantity management facilities and features within individual subbasins. C. "Best management practices" or "BMPs" means physical, structural, and/or management practices that, when used singly or in combination, prevent or reduce pollution of water. D. "CIP" means the storm and surface water management capital improvement plan adopted by the city and county. E. "City" means the area within the city of East Wenatchee, Washington. F. "City council" means the legislative authority of the city. G. "CFHMP" means the 1995 Douglas County Comprehensive Flood Hazard Management Plan, as may be amended, adopted by the city and county pursuant to Chapter 86.26 RCW. 0 Ordinance No. 2013-07 Exhibit A H. "Comprehensive plan" means the Douglas County Comprehensive Flood Hazard Management Plan. I. "County" means the unincorporated areas of Douglas County, Washington. J. "Detention" means the short-term storage of surface water and storm water drainage runoff that is collected and then released at a predetermined rate. K. "Developed" means a parcel that has impervious surface area. L. "Duplex" means one building containing not more than two dwelling units permitted and/or used to house not more than two families living independently of each other and including all necessary household functions of each such family. M. "Engineer" means a professional civil engineer, currently licensed by the state of Washington. N. "Equivalent service unit" or "ESU" means 2,750 square feet of impervious surface area. O. "Facility" or "facilities" means any facility, improvement, development, property or interest therein, that is made, constructed or acquired for the purpose of controlling, or protecting life or property from, any storm, waste, flood or surplus waters wherever located within the county or city. P. "Gravel" means all graveled surfaces available for use as roads, driveways or other access ways for vehicular traffic, vehicle parking, storage, and staging and holding areas. Q. "Highways" means all impervious ways, lanes, roads, streets, boulevards and/or places open as a matter of right to public vehicular travel. R. "Impervious surface" means the horizontally projected surface area of all nonvertical surfaces, including all buildings, manufactured units or other structures, and the surface area of all asphalt, concrete, gravel, oil mat, bituminous or other finished surfaces. S. "Interlocal agreement" means the Interlocal Cooperation Agreement between Douglas County and City of East Wenatchee for Storm and Surface Water Management, the execution of which was authorized by the Douglas County board of commissioners by Resolution No. 98-12 adopted on March 17, 1998, and the execution of which was authorized by the city council of the city of East Wenatchee by Resolution No. 98-003 adopted on March 16, 1998, and all amendments, modifications, and clarifications to this agreement. T. "Management team" means the committee established by the interlocal agreement between the city and the county, as now exists or may be hereafter amended. isU. "Natural waters." [Reserved]. r Ordinance No. 2013-07 Exhibit A V. "Obligation" or "obligations" means those loans, bonds, warrants, or other indebtedness issued or obtained to own, operate or maintain facilities. W. "Owner" or "owner of record" means all persons or entities holding fee title to land by a recorded deed or holding title as the purchaser under a recorded real estate contract. X. "Parcel" means a state, county or city public right-of-way, or a unit of land segregated for tax purposes. Y. "Retention" means the long-term storage of surface water and storm water drainage runoff that is collected and released into the ground by means of percolation and/or into the air by evaporation. Z. "Service" means storm and surface water control and disposal facilities, improvements, operations and maintenance, including all related planning and administration furnished within the service area. AA. "Service area" means the area within the incorporated limits of the city of East Wenatchee, Douglas County, Washington. BB. "Service charge" means the charge levied on a parcel pursuant to this code. • CC. "System" means the entire system of surface water and storm water management facilities. DD. "Undeveloped parcel" means a parcel that has no impervious surface area. EE. "Utility" means the surface and storm water management utility created by this code. FF. "Watershed action plan" means a local watershed planning process to identify the problems, needs, and action steps to reduce nonpoint pollution, enhance water quality, and protect beneficial uses. (Ord. 10-10 § 3, 2010; Ord. 02-12 § 1, 2002; Ord. 99-8 § 1, 1999) 13.10.050 Utility creation. A surface and storm water management utility is hereby created and established to implement comprehensive surface and storm water management within the service area. (Ord. 99-8 § 1, .x, 1999) 13.10.060 Authority and powers. The utility shall have theaLithe sSubject to approval by the city council, the utility may exercise all lawful powers necessary and appropriate for the construction, purchase, condemnation, acquisition, maintenance, management, operation and regulation of surface water and storm water runoff and drainage systems, including without limitation, all lawful powers to fix, alter, regulate and control the rates, charges and conditions for the use thereof. (Ord. 99-8 § 1, 1999) Ordinance No. 2013-07 Exhibit A 13.10.070 Utility program elements. The utility shall establish a program that includes the following elements: basin and watershed planning, education, capital improvements, operations and maintenance, monitoring, source control, and fish protection. A. Basin and Watershed Planning. Develop, coordinate, and implement basin and watershed action plans to control surface and storm water runoff in the city. B. Education. Develop and implement a program to educate the public about land use and human activities that impact water quality and surface water management and develop citizen involvement programs to monitor streams and implement restoration programs consistent with approved basin and watershed action plans. C. Capital Improvements. Develop a six -year capital improvement program, which defines the utility's activities related to the acquisition, construction, replacement, or renovation of facilities or equipment needed to address surface and storm water management objectives. The utility shall submit the capital improvement program to the city council for review and approval and shall annually submit a plan and budget for implementation. D. Operations and Maintenance. Develop and implement an operations and maintenance program, including inspection and enforcement, to assure that public facilities are functional and effective. The utility shall only operate and maintain publicly owned facilities. E. Source Control. Develop and implement a source control program to improve water quality. The source control program shall reduce herbicide and pesticide usage, strengthen on -site sewage system connections, moderate risk waste control and wellhead protection programs, and strengthen the use of BMPs. The utility may provide financial assistance through low interest loans, grants, and cost sharing for the restoration of streams, repair of on -site sewage disposal systems, and agricultural practice improvements. F. NPDES Municipal Storm Water Permit Compliance. Development, implementation and administration of a storm water management program in compliance with the Department of Ecology Phase II municipal storm water permit including annual reporting as required to the Washington State Department of Ecology. Minimum program elements include: 1. Public Education and Outreach. Distribution of educational materials to the community about the impacts of storm water discharges to water bodies and steps the public can take to reduce pollutants in storm water. 2. Public Involvement and Participation. Create and provide opportunities for the public to provide input regarding development and implementation of the storm water program. 0 Ordinance No. 2013-07 Exhibit A • 3. Illicit Discharge Detection and Elimination. Detection and elimination of non -storm water discharges to the storm water system. 4. Construction Site Storm Water Runoff Control. Reduce pollutants in storm water from construction activities. 5. Post -Construction Storm Water Management for New Development and Redevelopment. To ensure that controls to prevent or minimize water quality impacts are in place. 6. Pollution Prevention and Good Housekeeping for Municipal Operations. Operation and maintenance procedures to reduce pollutant runoff from municipal operations. (Ord. 09- 20 § 3, 2009; Ord. 02-12 § 2, 2002; Ord. 99-8 § 1, 1999) 13.10.080 Administration. The East Wenatchee Public Works department administers the utility administered by the East W -.4.-L..-e .-4.-eet .,,.....,_t ffi,-f9t. The administrator has aFid the ty eRgiReeF shall have the authority to implement the program as provided in this code. No provision of this code shall prevents the county, other city departments, or special districts from adopting, administering, or enforcing other ordinances and regulations to protect surface and storm water quality not in conflict with the provisions of this code. (Ord. 10-10 § 4, 2010; Ord. is 02-12 § 3, 2002; Ord. 99-8 § 1, 1999) 13.10.090 Program coordination. The utility shall coordinate surface and storm water management programs and services by forming interlocal or operating agreements with other departments, governmental entities or special districts in order to achieve a comprehensive approach to surface water management. The utility shall endeavor to eliminate or reduce duplication and to achieve maximum program benefits in the most cost efficient manner. The administrator must eit; ctFeet sHperiRteFid nt shall annually submit an operating plan, budget and written report to the city council for review and approval. (Ord. 99-8 § 1, 1999) 13.10.100 Operations and maintenance. The city of East Wenatchee shall operate and maintain the utility in accordance with the terms of the interlocal agreement. (Ord. 99-8 § 1, 1999) 13.10.105 Administrative support. The utility shall pay reasonable administrative support services provided by the county assessor, county treasurer, county prosecuting attorney, any city department, city attorneys, or city engineer based upon actual costs and as approved by the management team. (Ord. 99-8 § 1, 1999) • 13.10.110 Development standards. i Ordinance No. 2013-07 Exhibit A • The provisions of East Wenatchee Municipal Code Chapter 13.30 20.34 as the same exists ner- , h.-..-eafteF be amended are by this reference made a part of this code as if set forth in full herein. (Ord. 99-8 § 1, 1999) 13.10.200 Funding. The utility shall be funded by rates and service charges. The utility and any participating municipality, agency, department or special district may solicit additional funds through grants or loans, in order to supplement program funding. All utility funds shall be deposited into a special fund with the Douglas County treasurer designated as the "Joint Operating Fund of the Greater East Wenatchee Storm Water Utilities" maintained by the county treasurer. (Ord. 99-8 § 1, 1999) 13.10.210 Rates and charges. A. Rate Structure Policy. The utility rate structure shall be based upon the amount of impervious surface area within each parcel, as measured and established by this chapter. B. ESU Standards and Calculations. The service charge levied against a parcel shall be based upon the ESUs contained within such parcel as of January 1st each year. The following ESU standards and calculations shall apply within the service area: 1. A detached single-family residence shall equal one ESU. 0 2. A duplex shall equal one ESU. 3. A triplex or fourplex shall equal two ESUs. 4. For all other parcels, the ESUs shall be calculated by dividing the total area in square feet of impervious surfaces by 2,750 square feet and rounding the quotient to the nearest whole number; provided, that no developed parcel shall contain less than one ESU. 5. Undeveloped parcels shall not contain an ESU. 6. Changes to impervious surfaces or development of a previously undeveloped parcel shall not affect the parcel's ESU standard or calculation until January 1st of the year following commencement of construction of the changes. C. Service Charges, Credits and Exemptions. 1. Service Charges. A service charge of 45.00$35-98 per ESU shall be levied annually against each developed parcel within the service area. The se Fyiee ch- Fge sh-,II OREFease ECES1�� aFy 1, Mil. 9 Ordinance No. 2013-07 Exhibit A • 2. Credits. Parcels having storm water facilities that are designed, constructed and maintained to the standards of Douglas County Code Chapter 20.34, as the same exists now or may hereafter be amended, shall be entitled to a credit using the following formula: a. For facilities that are a combination of public facilities and private facilities, the owner may be eligible to receive a service charge credit equal to 20 percent of the service charges levied against such parcel. b. Facilities that are entirely located on private property and maintained privately shall be eligible for a service charge credit equal to 50 percent of the service charges levied against such parcel. c. Parcels having facilities designed as multiple -use facilities shall be entitled to an additional service charge credit equal to five percent of the service charges levied against such parcel. d. To qualify for a service charge credit: i. The owner must provide documentation from an engineer retained by the owner at the owner's expense that the facilities are designed and constructed . in accord with the standards of East Wenatchee Municipal Code Chapter 13. . .30-Deuglas Geunty Cede GhapteF 20,34, all facilities have been properly maintained in accordance with East Wenatchee Municipal Code Chapter 13. - .30-Deuglas Geunty Gede GhapteF 20.34, and that the facilities are capable of accommodating all surface water and storm water generated by the design storm specified in East Wenatchee Municipal Code Chapter 13.30as , ii. The owner must sign a right of entry and inspection agreement that grants the county and city the right to enter onto the parcel to inspect the facilities and verify all information submitted by the owner's engineer; iii. The owner's documentation and engineer's information shall be verified and approved by the city; and iv. When requesting credit for multiple use facilities, the owner must provide documentation that the facilities have been dedicated to and accepted for public use. e. The service charge credit shall become effective on December 315c and applicable to the following service charge billing; provided, that all requirements are completed prior to October 1st of the current year. • Ordinance No. 2013-07 Exhibit A • 3. Exemptions. a. An owner currently residing on the owner's single-family residence parcel who qualifies for the senior citizen exemption provided for in RCW 84.36.381 applicable to real property taxes shall be exempt from the service charges. b. An owner of property that donates an easement or right-of-way to the city of East Wenatchee storm water facilities shall be eligible for an exemption from the service charge for development existing at the time the donation occurs. The exemption shall not apply to development that occurs following the donation. (Ord. 09-20 § 4, 2009; Ord. 02-12 § 4, 2002; Ord. 99-8 § 1, 1999) 13.10.220 Billing practices, refunds and collection. A. Billing Date. Service charges shall be billed by March of each year. B. Due Date. Service charges shall be due and payable to Douglas County on or before April 30tn August 3 of the year billed and are delinquent thereafter. C. Refund, Credit and Adjustment Requests. The administrator or his/her designee may authorize a refund, credit, or other adjustment of a service charge determined to be the result of an error, miscalculation, or mistake upon receipt of a request from the owner. The owner's request shall • be in writing and clearly state the nature and basis of the request. The administrator or his/her designee shall investigate the request and determine if a service charge refund, credit or other adjustment is due. The administrator's or his/her designee's determination shall be in writing and clearly state the basis for authorizing or denying the request. The administrator's or his/her designee's determination shall be issued and mailed to the owner within 60 days after receipt of the request. The administrator or his/her designee may not authorize any request for a refund, credit or adjustment that is received more than one year after the date the service charge was billed. The amount of any refund, credit or adjustment authorized by the administrator or his/her designee shall not include any interest. D. Penalties and Interest on Delinquency. Service charges not paid by April 30th ^.«~ "=} of the year billed shall be delinquent. The city adopts the alternative lien procedure provided by RCW 35.67.215. Delinquent service charges shall bear interest at the rate of eight percent per annum from the date due until paid. E. Liens. Pursuant to RCW 35.67.215 and Chapter 35.67 RCW, the city shall have a lien for delinquent service charges, interest and penalties against the parcel that is the subject of the service charge billed. The lien shall be superior to all other liens and encumbrances, except general taxes and local and special assessments of the county. The lien shall be effective for a total not to exceed one year's delinquent service charges without the necessity of any writing or recording of the lien with the county auditor. The administrator or his/her designee shall 0 Ordinance No. 2013-07 Exhibit A • periodically certify delinquencies to the county auditor, at which time the liens shall attach. (Ord. 02-12 § 5, 2002; Ord. 2000-13 § 1, 2000; Ord. 99-8 § 1, 1999) 13.10.225 Alternative collection procedure. As an alternative to the procedure set forth in EWMC 13.10.220 and 13.10.310, the city may attempt collection of delinquent service charges, interest, and penalties through a private commercial collection business. In the event the city pursues collection pursuant to this alternative procedure, the city may terminate this alternative collection effort at any time and utilize the procedures set forth in EWMC 13.10.220 and 13.10.310. (Ord. 02-12 § 6, 2002) 13.10.300 Inspection and right of entry. Whenever it becomes necessary to examine the surface and storm water management characteristics of or improvements to a particular parcel for the purposes of implementing or enforcing this code, the administrator or his/her designee may enter upon any parcel at reasonable times in accordance with the following procedures: A. If such parcel is occupied, the administrator or his/her designee shall present identification credentials, state the reason for entry, and request entry. B. If such parcel is unoccupied, the administrator or his/her designee shall locate the owner or other person having charge or control of the property, state the reason for the entry and request • entry. C. Unless the owner or person in control of such parcel consents to entry, the administrator or his/her designee, prior to entry, shall obtain a search warrant as authorized by the laws of the state of Washington. (Ord. 99-8 § 1, 1999) 13.10.310 Enforcement. Pursuant to Chapter 35.67 RCW, the city may commence a lien foreclosure action in the Douglas County superior court. Costs associated with the foreclosure action, including but not limited to advertising, title reports, and city and county personnel costs, shall be added to the lien upon filing of the foreclosure action. In addition to the costs and disbursements provided by law, the superior court may allow the city or the county a reasonable attorney's fee. The lien shall be foreclosed in the same manner as the foreclosure of real property tax liens. (Ord. 99-8 § 1, 1999) 13.10.320 Appeals. Any decision or determination of the administrator or his/her designee made pursuant to this code may be appealed to the city of East Wenatchee board of adjustment as provided for in RCW 35A.63.110(4). The appeal shall be in writing signed by the appellant and be filed within 14 days after issuance of the decision appealed, together with all applicable fees. The notice of appeal shall contain a concise statement identifying the decision being appealed, the name and address • of the appellant, the specific reasons why the decision of the administrator or his/her designee is Ordinance No. 2013-07 Exhibit A • erroneous, and the specific relief sought by the appellant. The appeal to the city of East Wenatchee board of adjustment shall be an open record public hearing. An appeal of the decision of the city of East Wenatchee board of adjustment shall be filed in the Douglas County superior court within 21 days after the issuance of the decision or the decision of the city of East Wenatchee board of adjustment shall be final. (Ord. 99-8 § 1, 1999) 13.10.330 Implementation. The City authorizes and directs Tthe administrator, eity stFeet s.,peFi..tel9de 4, and the city community development director aFe each alltheFmzed ,Rd direeted to establish administrative policies and procedures to implement this code and as may be reasonable and necessary to perform under the interlocal agreement. (Ord. 99-8 § 1, 1999) • 0 COUNCIL AGENDA BILL* PRESENTER: Lori Barnett TITLE: Director 13-10-02 CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL AGENDA ITEM # AGENDA DATE: DEPARTMENT: October 8, 2013 Community Development TITLE: Public hearing regarding Ordinance 2013-06 adopted by the City Council on August 13, 2013 imposing a moratorium on the establishment of certain marijuana -related facilities; defining certain marijuana -related terms, and entering legislative findings. BACKGROUND / HISTORY: MORATORIUM ORDINANCE 2013-06 NOTICE OF PUBLIC HEARING Notice is hereby given that the East Wenatchee City Council will conduct a public hearing at their October 8, 2013 meeting, beginning at 6:30 P.M. in the East Wenatchee City Hall Council Chambers, at 271 9th St. NE, East Wenatchee, WA to consider the following: On August 13, 2013 in accordance with the provision of RCW 35A.63.220, the City Council of the City of East Wenatchee, Washington adopted Ordinance 2013-06 imposing a 6 month moratorium on the establishment of certain marijuana -related facilities; defining certain marijuana -related terms, and entering legislative findings. The City is required to hold a public hearing within 60 days of adoption of an emergency moratorium. All interested persons are encouraged to attend the public hearing, at the date, time, and location noted above, and to provide written and/or oral comments. Address written comments in advance of the meeting to Dana Bamard, City Clerk, at East Wenatchee City Hall, 271 91h Street NE, East Wenatchee, WA 98802. Phone 509.884.9515 and fax 509.886.6233 or via e-mail at dbamard@east-wenatchee.com. Materials pertaining to the proposal under consideration may be reviewed at the City Clerk's Office in East Wenatchee City Hall during regular business hours. To obtain materials in an alternate format, please contact the City Clerk at 509.884.9515. It is the City of East Wenatchee's policy to assure that no person, with a disability or on the grounds of race, color, national origin or sex, is excluded from participation in any city activity. We invite any person with special needs, including handicap accessibility or interpreter services, to contact the City Clerk at 509.884.9515 at least 48 hours before the meeting to discuss any special accommodations which may be necessary. Citizens with hearing impairments may call the Washington Relay Service TDD line at 800 833-6388. EXHIBITS: Ordinance 2013-06 RECOMMENDED ACTION: Hold public hearing FINANCIAL DATA: Expenditure Required Amount Budgeted Appropriation Required $ N/A $ N/A $ N/A ACTION TAKEN: Motion Made By: Councilmember Collings Councilmember Johnson Councilmember McCourt Councilmember Barnhart Passed: Failed: ,� vp�- f -1, Second By: Councilmember Raab Councilmember Buckner Councilmember Detering Mayor Lacy (in case of tie) ern City of East Wenatchee, Washington Ordinance No. 2013-06 An Ordinance of the City of East Wenatchee imposing a moratorium on the establishment of certain marijuana -related facilities; defining certain marijuana -related terms, and entering legislative findings. 1. Recitals 1.1. The City of East Wenatchee ("City") is a non -charter code city, duly incorporated and operating under the laws of the State of Washington. 1.2. By recently amending Chapter 69.51A RCW, the legislature expanded the scope of certain activities involving the use of marijuana for medical purposes, including the ability of "qualifying patients" to create and participate in "collective gardens" for the purpose of producing, processing, transporting, and delivering marijuana for medical use, subject to certain conditions. 1.3. In 2012, the voters of the state of Washington passed Initiative 502. 1.4.I-502 authorizes the issuance of marijuana producer, processor and retailer licenses, subject to the proviso that retail sale and certain acts of producing and processing marijuana in accordance with 1-502 and implementing regulations shall not be a criminal or civil offense under Washington state law, and subject to the further proviso that no such license shall be issued 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. • City of East Wenatchee Ordinance 2013-06 Page 1 of 6 1.5. I-502 requires the Washington State Liquor Control Board ("WLCB") to adopt rules establishing the procedures and criteria for the licensing and operation of marijuana producers, processors and retailers by December 1, 2013. 1.6. The WLCB has published proposed rules. 1.7. Marijuana production, processing and retailing uses and facilities authorized by Initiative 502 must be addressed in the City's zoning code, but the impacts of these uses are still largely unknown, and the regulations that the City will need to address are uncertain pending the WLCB's formal adoption of licensing regulations and procedures. 1.8. The City Council deems it in the public interest to impose a moratorium for a period of six months in order to investigate this issue further and obtain regulatory clarity and guidance from the WLCB's rules. 2. Authority. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City. 40 THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: 3. Definitions. As used in this ordinance, the following terms have the definitions set forth below: 3.1. "Marijuana" or "marihuana" means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof, the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. City of East Wenatchee Ordinance 2013-06 Page 2 of 6 3.2. "Marijuana processor" means a person licensed by the state liquor control board to process marijuana into useable marijuana and marijuana -infused products, package and label useable marijuana and marijuana -infused products for sale in retail outlets, and sell useable marijuana and marijuana -infused products at wholesale to marijuana retailers. 3.3. "Marijuana producer" means a person licensed by the state liquor control board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers. 3.4. "Marijuana -infused products" means products that contain marijuana or marijuana extracts and are intended for human use. The term "marijuana -infused products" does not include useable marijuana. 3.5. "Marijuana retailer" means a person licensed by the state liquor control board to sell useable marijuana and marijuana - infused products in a retail outlet. 4. Moratorium. As allowed by RCW 35A.63.220 and RCW 36.70A.390, the City Council enacts a zoning moratorium prohibiting the acceptance, processing, or approval of any license, • permit, or other ministerial or discretionary approval authorizing the licensing, establishment, maintenance, or continuation of any use of property by a marijuana producer, marijuana processor, or marijuana retailer, or for use by any person for the production, processing, and/or retailing of marijuana. 5. Marijuana Production, Processing and Retailing Prohibited. Pursuant to the moratorium imposed in Section 4, marijuana production, processing and retailing as defined in Section 3 are hereby designated as prohibited uses in the City of East Wenatchee while this ordinance is in effect. In accordance with the provisions of RCW 35A.82.020, the City will not issue a business license to any person for marijuana production, processing or retailing, and any permits issued for any of these uses in error or based on a vague and/or misleading application description during this moratorium are null and void, and without legal force or effect. City of East Wenatchee Ordinance 2013-06 Page 3 of 6 6. Refer for Review to Planning Commission. Upon receipt of sufficient information or guidance on this issue, the City Council must identify an appropriate time to refer the issue to the East Wenatchee Planning Commission for review and recommendations. 7. Transmittal. As required by RCW 36.70A.106, the City Council directs the City Clerk to transmit this interim Ordinance to the Washington State Department of Commerce. 8. Recitals Adopted as Findings of Fact. The City Council adopts as its preliminary findings of fact the recitals set forth above. The Council may adopt additional findings in the event that additional public hearings are held or evidence is presented to the City Council. 9. Severability. If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law, such declaration shall not affect the validity of the other provisions of this Ordinance. 10.Publication. The City Council directs the City Clerk to publish a summary of this Ordinance. The summary shall consist of the title . of this Ordinance. 11.Effective Date. This Ordinance becomes effective five days after the date its summary is published. To remain in effect, however, the City Council must hold a public hearing regarding this Ordinance within 60 days. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this day of AALCi VA( , 2013. CITY OF EAST WENATCHEE, WASHINGTON By Ste City of East Wenatchee Ordinance 2013-06 Page 4 of 6 . ATTEST: 0 Dana Barnard, City Clerk as to form only: 41 Sevin Poulson, City Attorney Filed with the City Clerk: 13 Passed by the City Council: Published: l I Effective Date: City of East Wenatchee Ordinance 2013-06 Page 5 of 6 • Summary of Ordinance No. 2013-06 Of the City of East Wenatchee, Washington On the Illb day of )'­ )2013, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2013-06, the main point of which may be summarized by its title as follows: An Ordinance of the City of East Wenatchee imposing a moratorium on the establishment of certain marijuana -related facilities; defining certain marijuana -related terms, and entering legislative findings. Upon request, the City will mail a full text of this Ordinance. Dated this e day of L4 2013. 61-� Dana Barnard, City Clerk City of East Wenatchee Ordinance 2013-06 Page 6 of 6 4 City of East Wenatchee Community Development Department 271 - 9T" STREET NE (D EAST WENATCHEE, WA 98802 E-mail Transmittal Date: To: 9/23/2013 Le al Ads From: Lori Barnett Company- Wenatchee World Phone: 509.884.5396 E-mail. Ibarnett@east-wenatchee.com Subject: Notice of Public Hearing City Council Please publish the following notice once on: September 26, 2013 Please send bill and affidavit of publication to: Teresa Allen Finance Department City of East Wenatchee 271 9th Street NE East Wenatchee, WA 98802 MORATORIUM ORDINANCE 2013-06 NOTICE OF PUBLIC HEARING Notice is hereby given that the East Wenatchee City Council will conduct a public hearing at their October 8, 2013 meeting, beginning at 6:30 P.M. in the East Wenatchee City Hall Council Chambers, at 271 9th St. NE, East Wenatchee, WA to consider the following: • On August 13, 2013 in accordance with the provision of RCW 35A.63.220, the City Council of the City of East Wenatchee, Washington adopted Ordinance 2013-06 imposing a 6 month moratorium on the establishment of certain marijuana -related facilities; defining certain marijuana -related terms, and entering legislative findings. The City is required to hold a public hearing within 60 days of adoption of an emergency moratorium. All interested persons are encouraged to attend the public hearing, at the date, time, and location noted above, and to provide written and/or oral comments. Address written comments in advance of the meeting to Dana Barnard, City Clerk, at East Wenatchee City Hall, 271 91h Street NE, East Wenatchee, WA 98802. Phone 509.884.9515 and fax 509.886.6233 or via e-mail at dbarnard@east-wenatchee.com. Materials pertaining to the proposal under consideration may be reviewed at the City Clerk's Office in East Wenatchee City Hall during regular business hours. To obtain materials in an alternate format, please contact the City Clerk at 509.884.9515. It is the City of East Wenatchee's policy to assure that no person, with a disability or on the grounds of race, color, national origin or sex, is excluded from participation in any city activity. We invite any person with special needs, including handicap accessibility or interpreter services, to contact the City Clerk's at 509.884.9515 at least 48 hours before the meeting to discuss any special accommodations which may be necessary. Citizens with hearing impairments may call the Washington Relay Service TDD line at (800) 833-6388. 0 SIGN IN ONLY IF YOU WISH TO MAKE COMMENTS DURING THE PUBLIC HEARING 0 A PUBLIC HEARING regarding Ordinance 2013-06 adopted by the City Council on August 13, 2013 imposing a moratorium on the establishment of certain marijuana - related facilities; defining certain marijuana -related terms, and entering legislative findings. Marijuana moratoruim October 8, 2013 PRINT NAME SIGNATURE AnnPFSS � q\ i;1µ 11 A-77 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2 25 • • Council Agenda Bill # Presenter: Position: CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL 13-10-03 Devin Poulson City Attorney Agenda Item # Agenda Date: Department: 5 October 8, 2013 Legal Title: A Resolution of the City of East Wenatchee, Washington adopting the City of East Wenatchee Policy for Compliance Regarding Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973 Background: As required by the City's Voluntary Compliance Agreement, the City needs to adopt a a policy to ensure compliance with the requirements of the ADA and Section 504. Exhibits: Resolution 2013-18. Recommendation: Staff recommends that the City Council move to approve the Resolution Financial Data: Expenditure Required Amount Budgeted Appropriation Required $ N/A $ N/A $ N/A Action Taken: Motion Made By: 7�DUtCY-,Aq Qr_ Councilmember Collings Councilmember Johnson Councilmember McCourt Councilmember Barnhart Passed: Failed: Second By: ct) Councilmember Raab Councilmember Buckner Councilmember Detering Mayor Lacy (in case of tie) Page 1 of 1 City of East Wenatchee, Washington Resolution No. 2013-18 A Resolution of the City of East Wenatchee, Washington adopting the City of East Wenatchee Policy for Compliance Regarding Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973 1. Alternate format. 1.1. Para leer este documento en otro formato (espanol, Braille, leer en voz alta, etc.), pongase en contacto con el vendedor de la ciudad al alternateformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@east-wenatchee.com, at (509) 884-9515, or at • 711 (TTY). 2. Authority. 2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: 3. Adoption. The City Council adopts the City of East Wenatchee Policy for Compliance Regarding Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973 attached as Exhibit A. 4. Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution. City of East Wenatchee Resolution 2013-18 Page 1 of 2 r� u 5. Effective date. This Resolution becomes effective immediately. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this day of , 2013. The City of East Wenatchee, Washington By Steven C. Lacy, Mayor Attest: Dana Barnard, City Clerk Approved as to form only: Devin Poulson, City Attorney Filed with the City Clerk: Passed by the City Council: Effective Date: City of East Wenatchee Resolution 2013-18 Page 2 of 2 Resolution 2013-18 Exhibit A • 0 Page 1 of 15 City of East Wenatchee Policy for Compliance Regarding Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973 Adopted October 5, 2013 Resolution 2013-18 Resolution 2013-18 Exhibit A Contents • 1. Alternate Format..............................................................................................................................3 2. Subject Title....................................................................................................................................... 3 3. Purpose.................................................................................................................................................3 4. Organization Affected..................................................................................................................... 3 5. References............................................................................................................................................3 6. Definitions...........................................................................................................................................4 7. Policies..................................................................................................................................................5 8. Responsibilities..................................................................................................................................7 9. ADA Grievances - Complaint Procedure................................................................................ 7 10. Section 504 - Compliance (Federal Grants)........................................................................ 9 11. Section 504 - Recipient Defined.............................................................................................. 9 12. Section 504 - Coverage..............................................................................................................10 13. Section 504 - Prohibitions against Discrimination......................................................10 15. Section 504 - Section 504 Coordinator Responsibilities.............................................13 16. Section 504 - ADA Coordinator Responsibilities...........................................................14 • 17. Section 504 Contractor Assurance Compliance - of ......................................................14 18. Section 504 - Notice to Participants and Applicants of Program ...........................14 19. Section 504 - Complaints..........................................................................................................14 20. Forms and Documents..............................................................................................................15 0 Page 2 of 15 Resolution 2013-18 Exhibit A 1. Alternate Format. 1.1. Para leer este documento en otro formato (espafiol, Braille, leer en voz alta, etc.), pongase en contacto con el vendedor de la ciudad al alternatformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@east-wenatchee.com, at (509) 884-9515, or at 711 (TTY). 2. Subject Title. Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973 Compliance. 3. Purpose. The City wishes to reaffirm its policy and practice that its physical facilities, programs, services, and activities are accessible to members of the public, including qualified individuals with disabilities. 4. Organization Affected. 4.1.Americans with Disabilities Act (ADA) — All City Departments, Divisions, Offices and Agencies. 4.2. Section 504 of the Rehabilitation Act of 1973 — City departments receiving federal funding for specified programs, services and activities. 5. References. 5. 1. Americans with Disabilities Act of 1990 (ADA). 5.2. Section 504 of the Rehabilitation Act of 1973, as amended (Section 504). 5.3. Chapters 2.42, 49.60, and 70.84 of the Revised Code of Washington (RCW). 5.4. Washington State Building Code: International Building Code as adopted by the City. 5.5.Regulations promulgated under Section 504 include those by the U.S. Departments of Agriculture (7 CFR 156), Education (34 CFR 104), Health and Human Services (45 CFR 84), Justice (28 CFR 42), Interior (43 CFR 17), Housing and Urban Development (24 CFR 8), Labor and Transportation (49 CFR 27) implementing the ADA and Section 504 Requirements. 5.6. Regulations promulgated by Washington State agencies implementing is Page 3 of 15 Resolution 2013-18 Exhibit A . state disability non-discrimination laws. 6. Definitions. 6.1. Barrier -free design: Design that gives users the opportunity for movement without restriction. By using principles of barrier -free design, people with disabilities can participate fully and avail themselves equally of the opportunities to benefit from City programs and services. 6.2. Disability Transition Plan for Physical Facilities: A written plan updated annually which outlines identified physical barriers and a schedule of activities to remove those barriers and improve program accessibility. By definition, a transition plan must contain: 6.2.1. Identify physical barriers that limit accessibility to city programs, activities and services; 6.2.2. Outline of the methods the City will use to remove the barriers and make the facility more accessible; 6.2.3. The schedule for the necessary steps to achieve improved compliance; and 6.2.4. The name of the management staff responsible for the plan's implementation. 6.3.Overall Program Accessibility: The ADA requires that programs as a whole be accessible to people with disabilities, and requires the City to account how the program's elements work together as a whole and how services are delivered. 6.4. Qualified individual with disability: An individual with a disability who meets the essential eligibility requirements for the receipt of services or the participation in program or activities provided to the public by the City, with or without reasonable modifications to rules, policies, or practices, the removal of architectural or communication barriers, or the provision of auxiliary aids and services. (Section 504 of the Rehabilitation Act of 1973, as amended, 42 U.S.C. Section 12131 et seq., 28 CFR Part 35, the Americans with Disabilities Act of 1990, and RCW 49.60). 6.5. Self -evaluation: The evaluation of policies, practices, and physical features to identify potential barriers to accessibility and corrective actions to reduce or eliminate those barriers. 6.6. Usability: Within facilities constructed before Congress passed the ADA, some architectural elements may not meet current codes and • Page 4 of 15 Resolution 2013-18 Exhibit A • requirements for accessibility. If a barrier to access by people with disabilities does not result, the facility is usable and complies with this policy. In other cases, though requirements of the applicable laws, codes, and regulations have been met, a barrier may exist to a qualified individual with a disability. In such cases, it may be necessary to modify the element in the facility to make the facility usable by qualified individuals with disabilities providing that such change and/or alteration do not result in an undue financial burden. 7. Policies. 7.1.As required by Title II of the ADA, the ADA's implementing regulations, Section 504, WAC 51-50, and RCW 49.60 (collectively called the "disability non-discrimination laws"), no qualified individual with a disability will, on the basis of such a disability, be subjected to discrimination or be excluded from participation in, or denied benefits of the services, programs, activities or physical facilities which the City provides to the public. 7.2.All City departments and employees must comply with the provisions of the disability non-discrimination laws regarding access applicable to programs, activities, services, and physical facilities. 7.3.To the extent possible, the City will ensure that physical facilities are is usable by qualified individuals with disabilities. Where physical facilities cannot be made usable, the City will ensure that overall program accessibility. 7.4.Physical facilities owned by City must comply with the applicable regulations on barrier -free design and physical accessibility. 7.5.If the City constructs new facilities, the facilities must comply with applicable regulations on barrier -free design and physical accessibility. 7.6.If the City renovates existing facilities, the renovated facilities must comply with applicable regulation on barrier -free design and physical accessibility. 7.7. The City will hold public meetings will be held at accessible locations and in such a manner that qualified people with disabilities are able to fully participate. 7.8.The City may not discriminate against qualified people with disabilities in participation on boards, commissions, or on advisory and planning committees. 7.9.All City offices and programs are accessible to users of TTYs Is Page 5 of 15 Resolution 2013-18 Exhibit A • (teletypewriters) by using the Washington Relay Service. 7.10. The City must provide written notice on all documents distributed to the public on how to request alternate formats. At a minimum, the notice must state, "For alternative formats, contact the City of East Wenatchee City Clerk — 271 9th St. NE, East Wenatchee, WA (509) 884-9541; 711 (TTY) email: alternativeformat@east-wenatchee.com. 7.11. The City will afford individuals with disabilities accompanied by service animal's access to all City facilities, programs, services, and activities as are open to other members of the public, unless the service animal's presence or behavior creates a fundamental alteration to the program or service being provided or presents a direct threat to safety. In addition, as a matter of policy, not compliance, City will afford access to individuals and their accompanying services animals -in -training will be subject to the conditions and limitations established by law and applicable to individuals with disabilities and their service animals. 7.12. Upon advance request, the City will take reasonable steps to furnish appropriate auxiliary aids and services (e.g., assistive listening devices, sign language interpreters, Braille) to afford a qualified individual with a disability an equal opportunity to participate in and enjoy the benefits of the City's services, programs, activities, and physical facilities. Primary consideration will be given to the requests of the qualified individual with a disability unless another equally effective accommodation is available, or the use of the means requested would result in a fundamental alteration of the service, program, and activity or in undue financial or administration burden. 7.13. All City contractors, except contractors providing tangible goods, must comply with Section 504/ADA Disability Assurance of Compliance, unless an accessibility waiver is obtained. 7.14. All City departments administering Section 504 contracts whereupon the contractor, other than another government entity, provides programs, services, or activities to the public, must require the contractor to comply with the Section 504/ADA requirements applicable to governments. The contracting City department must monitor respective contracts for compliance with Section 504/ADA. 7.15. The City will adopt and follow a procedure for prompt and equitable resolution of grievances alleging discrimination on the basis of disability in the City's provision of programs, services, and activities, and access to physical facilities. is Page 6 of 15 Resolution 2013-18 Exhibit A • 8. Responsibilities. 8.1. The Mayor's Office is responsible for ensuring the City's compliance with disability non-discrimination laws regarding access. Under the law, the City is required to have at least one designated ADA coordinator. The Mayor is instructed to appoint an ADA Coordinator to facilitate the City's efforts to comply with disability non-discrimination laws regarding access. 8.2.Department heads and elected officials must cooperate with the ADA Coordinator to ensure compliance with the requirements of disability non- discrimination laws regarding access, and with this policy and related procedures. Compliance -related activities include documenting: 8.2.1. Disability accessibility accommodations made within their departments; 8.2.2. Participation in the evaluation of programs, services, activities, and physical facilities to identify potential barriers to accessibility; 8.2.3. The preparation of necessary Disability Corrective Action Plans and/or Disability Transition Plans; and 8.2.4. The coordination of budget approval to implement such plans. 8.2.5. The ADA Coordinator will provide technical assistance to City personnel on disability access issues. 8.2.6. The ADA Coordinator must establish and implement internal grievance procedures to receive and resolve grievances from the public alleging non-compliance with disability non-discrimination laws regarding access. 8.2.7. The ADA Coordinator must also develop such other policies and procedures necessary to improve accessibility of programs, services, activities, and physical facilities of City government. 9. ADA Grievances — Complaint Procedure 9.1. City o f East Wenatchee Grievance Procedure — Purpose — The grievance procedure established herein addresses concerns regarding Title II of the ADA and Section 504 of the Rehabilitation Act of 1973, as it applies to City programs, services and activities. The grievances procedure may be used to file a complaint alleging: 9.1.1. Policies of the provision of services, activities, programs, or benefits provided by City. 0 Page 7 of 15 Resolution 2013-18 Exhibit A • 9.1.2. Discrimination of Section 504 of the Rehabilitation Act of 1973. 9.1.3. Structural and parking accessibility issues on City owned or controlled property. 9.1.4. Note: The City will investigate employee complaints as required by applicable labor contracts and the City's Manual of Personnel Policies and Procedures. 9.2. Complaint Procedure and Format. 9.2.1. A complaint should be in writing and should contain the following information: Complainant's name, address, email address, phone number; date and location of alleged incident of discrimination; and a description of the alleged incident of discrimination. Upon request, the City will make alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, available to a person with disability. 9.2.2. A complaint form is available on the City's website and at City Hall, 271 9th St. N.E., East Wenatchee, WA 98802. 9.3. Complaint Filing. 9.3.1. A complainant should submit the complaint as soon as possible but no later than 30 calendar days after the alleged incident. 9.3.2. A complaint may be mailed to the City at the following address: ADA Coordinator, East Wenatchee City Hall, 271 9th St. N.E. East Wenatchee, WA 98802. 9.3.3. A complaint may be sent to the City at the following email address: adacoordinator@east-wenatchee.com. 9.4. Complaint Review 9.4.1. Within 30 calendar days after receipt of the complaint, the ADA Coordinator will contact the complainant to discuss the complaint and the possible resolutions. 9.4.2. Within 30 calendar days of the contact, the ADA Coordinator will respond in writing, and where appropriate, in a format accessible to the complainant. The response will explain the position of City and offer options for substantive resolution of the complaint. 9.5. Complaint Review Process. 0 Page 8 of 15 Resolution 2013-18 Exhibit A • 9.5.1. If the response by the ADA Coordinator does not satisfactorily resolve the issue, the complainant may appeal the decision of the ADA Coordinator within 15 calendar days after receipt of the response to the Mayor. 9.5.2. Within 15 calendar days after receipt of the appeal, the Mayor will meet with the complainant to discuss the complaint and possible resolutions. 9.5.3. Within 15 calendar days after the meeting the Mayor will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint. The Mayor may utilize mediation to resolve complaints. 9.6. Complaint Retention. 9.6.1. The City will keep all complaints received b y t h e A D A C o o r d i n a t o r, a 11 appeals t o t h e Mayor, all responses from the ADA Coordinator, and all responses by the Mayor for at least three years. 10. Section 504 — Compliance (Federal Grants). 10.1. Section 504 of the Rehabilitation Act of 1973 seeks to ensure that • entities receiving federal funding or grants do not discriminate against persons with disabilities. Periodically, the City receives federal funding to support its programs, services and activities. 10.2. 24 CFR PART 8 — SECTION 504 — "No otherwise qualified individual with a disability in the United States.... shall, solely by reason of her or his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program, service of activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service". 11.Section 504 — Recipient Defined. 11.1. Regulations define "recipient" as any State or its political subdivision, any instrumentality of a State or its political subdivision, any public or private agency, institution, organization, or other entity, or any person to which Federal financial assistance is extended for any program or activity directly or through another recipient, including any successor, assignee, or transferee of a recipient, but excluding the ultimate beneficiary of the assistance. An entity or person receiving housing assistance payments from a recipient on behalf of eligible families under a housing assistance payments program or a voucher program is not a is Page 9 of 15 Resolution 2013-18 Exhibit A isrecipient or sub -recipient merely by virtue of receipt of such payments [24 CFR 8.3]. 12. Section 504 - Coverage. 12.1. Section 504 covers all programs, services and activities of recipients of federal assistance, including, for example: 12.1.1. Outreach and public contact, including contact with program applicants and participants. 12.1.2. Eligibility criteria. 12.1.3. Application process. 12.1.4. Admission to the program. 12.1.5. Tenancy, including eviction. 12.1.6. Service delivery. 12.1.7. Employment policies and practices. 13.Section 504 — Prohibitions against Discrimination. 13.1. To guarantee the opportunity to participate, Section 504 prohibits a recipient from denying a qualified individual with disabilities the opportunity to participate in, or benefit from, the housing, aid, benefit, or service 13.2. To guarantee equality of benefits, Section 504 prohibits a recipient from failing to afford a qualified individual with disabilities the opportunity for equal participation and benefit. 13.3. To guarantee equality of opportunity, Section 504 prohibits a recipient from failing to provide a qualified individual with disabilities a program or service that affords the same opportunity to benefit as that afforded others. 13.4. To guarantee no unnecessary difference or separateness, Section 504 prohibits a recipient from providing different or separate housing, aid, benefits or services on the basis of disability unless providing such is necessary to provide housing or benefits that are as effective as that provided to persons without disabilities. 13.5. To guarantee no assistance to entities that discriminate, Section 504 prohibits significant assistance to an agency, organization or person that is Page 10 of 15 Resolution 2013-18 Exhibit A • discriminates on the basis of disability in any aspect of a federally assisted activity. 13.6. To guarantee an opportunity to serve on boards, Section 504 prohibits a recipient from denying a qualified individual with disabilities the opportunity to participate as a member of planning or advisory boards. 13.7. To guarantee no denial of right to a dwelling, Section 504 prohibits a recipient from denying a dwelling to an otherwise qualified buyer or renter because of a disability of that buyer or renter or another prospective tenant. 13.8. To guarantee no discriminatory limitation of benefits, Section 504 prohibits a recipient from Limiting in any other manner a qualified individual with disabilities in the enjoyment of any right, privilege, advantage, or opportunity afforded to others. 13.9. To guarantee integrated settings, Section 504 prohibits a recipient from Providing programs or services to qualified individuals with disabilities in settings that are unnecessary separate, segregated or restricted. 14.Section 504 — City Responsibilities. 14.1. To comply with Section 504 on federally funded projects administered by the City, it must: 14.1.1. Appoint a Section 504 coordinator. 14.1.2. Take steps to ensure effective communication with applicants, beneficiaries, and members of the public. [24 CFR 8.6] 14.1.3. Take steps to ensure that employment activities, including job announcements, recruitment, interviews, hiring, work assignments, promotions and dismissals, do not discriminate on the basis of disability. [24 CFR 8.10 — 8.13] 14.1.4. Ensure that all non -housing programs are operated in a manner that does not discriminate on the basis of disability and that new construction and alterations of non -housing facilities are made accessible in accordance with applicable standards. [24 CFR 8.21] 14.1.5. Operate existing housing programs in a manner that does not discriminate on the basis of disability, and take steps, as needed, to ensure that existing housing programs are readily accessible to and usable by persons with disabilities. Develop and implement a transition plan to assure compliance. [24 CFR 8.241 0 Page 11 of 15 Resolution 2013-18 Exhibit A 14.1.6. Provide reasonable accommodations which may be necessary for a person with a disability to use or participate in the program, service or activity; unless the recipient can demonstrate that the accommodation will result in an undue financial and administrative burden or a fundamental alteration in the nature of the program, service or activity. A reasonable accommodation is an adaptation or modification to a policy, program, service, or workplace which will allow a qualified person with a disability to participate fully in a program, take advantage of a service, or perform a job. Reasonable accommodations may include, but are not limited to, adjustments or modifications to buildings, facilities, dwellings, and may also include provision of auxiliary aids, such as readers, interpreters, and materials in accessible formats. [24 CFR 8.4, 8.11,8.20, 8.21, 8.24, 8.25, 8.33] 14.1.7. Pay for a reasonable accommodation needed by the individual (e.g., a ramp to a unit) unless providing that accommodation would be an undue financial and administrative burden or a fundamental alteration of the program. [24 CFR 8.4,8.11, 8.20, 8.21, 8.24, 8.25, 8.33] 14.1.8. Ensure that all new construction of housing facilities is readily accessible to and usable by person with disabilities, and meets the requirements of applicable accessibility standards. [24 CFR 8.22 and • 8.32]Ensure that substantial alterations, when undertaken, meet the requirements for new construction. [24 CFR 8.23(a)] Ensure that all other alterations, to the maximum extent feasible, meet the requirements of the applicable accessibility standards. [24 CFR 8.23(b)] 14.1.9. Conduct any required needs assessments (for recipients who are public housing agencies) to determine the extent to which the housing needs of persons with disabilities are being met in the recipient's program and in the community. [24CFR 8.25] 14.1.10. Distribute accessible dwelling units throughout projects and sites and make such units available in the same ranges of sizes and amenities to provide housing choices for persons with disabilities that are the same as those provided by others. [24 CFR 8.26] 14.1.11. Adopt suitable means to ensure persons with disabilities are made aware of the availability of accessible units and to maximize use of accessible units by individuals needing the features of these units. [24 CFR 8.27] 14.1.12. Conduct any required self -evaluations of programs, services, and activities to determine if they are programmatically and 0 Page 12 of 15 Resolution 2013-18 Exhibit A • physically accessible to persons with disabilities, and involve persons with disabilities in these evaluations. [24 CFR 8.51] 14.1.13. Recipients with 15 or more employees — designate an employee to ensure the recipients' programs, services and activities meet the requirements of Section 504; adopt a grievance procedure to effect due process standards and prompt and equitable resolutions of complaints. [24 CFR 8.53] 14.1.14. Recipients with 15 or more employees — notify participants, beneficiaries, applicants and employees of their nondiscriminatory provisions. [24 CFR 8.54] 14.1.15. Maintain records and reports of efforts to meet the requirements of Section 504, and keep these records on file so that they are available if a complaint is filed, or if {a Federal compliance office} conducts a compliance review. [24 CFR 8.55] 15. Section 504 — Section 504 Coordinator Responsibilities. 15.1. Assure t h at the City complies with all grant requirements through developing, implementing and monitoring processes. • 15.2. Creates and insures that appropriate communication of complaint procedures for the public, employees and service recipients are posted or made known. 15.3. Creates and implements effective communication mechanisms to acquaint participants, beneficiaries, applicants and employees of rights under all grants. 15.4. Assures that sub -recipients comply with all grant requirements and that sub -recipients have complaint and compliance procedures in place. 15.5. Investigate complaints filed under Title VI of the Civil Rights Act of 1964 as amended, Section 504 of the Rehabilitation Act of 1973, Civil Rights Restoration Act of 1987, and the Americans with Disabilities Act of 1990, relating to any program or activity administered by City, as well as to sub -recipients, consultants and contractors. 15.6. Serves as the department liaison with grantor agencies on compliance issues including on -site compliance monitoring activities. 15.7. Works with the ADA Coordinator as needed when grant requires ADA compliance. 0 Page 13 of 15 Resolution 2013-18 Exhibit A 0 15.8. Maintain all related files and reports. 16.Section 504 - ADA Coordinator Responsibilities. 16.1. The ADA Coordinator will assist the 504 Coordinator with ADA compliance issues pursuant to Federal grant compliance requirements. Responsibilities include but may not be limited to: 16.1.1. Direct complaints and inquiries regarding grants to the appropriate City departments. 16.1.2. Assist the Section 504 Coordinator with complaints and investigations regarding alleged non-compliance of grant mandates. 16.1.3. Prepare ADA accessible surveys for inspections. 16.1.4. Assist with ADA inspections when requested. 16.1.5. Serve as a resource on ADA issues 17.Section 504 - Contractor Assurance of Compliance. 17.1. Contractors, sub -contractors and entities participating in Section 504 programs will be required to show compliance with the ADA and Section 504 • regulations. The City has established a recording procedure for all Section 504 contractor participants. Assurance of compliance documentation will be required. Documentation includes: 17.1.1. Section 504 of the Rehabilitation Act of 1973 & ADA - General information. 17.1.2. ADA Self -Evaluation Questionnaire. 17.1.3. Checklist for Readily Achievable Barrier Removal. 17.1.4. Assurance of Compliance Form. 17.1.5. Corrective Action Plan. 17.1.6. Notice to Program Applicants. 18.Section 504 - Notice to Participants and Applicants of Program. Where possible, the Section 504 Coordinator will distribute and post (or have posted) a notice to applicants and participants, that the program, service or activity is federally funded and must meet the mandates of Section 504. 19. Section 504 - Complaints 0 Page 14 of 15 Resolution 2013-18 Exhibit A Persons with disabilities who believe they have been subjected to discrimination prohibited by Section 504 may file a complaint with the ADA Coordinator or with the U.S. Department of Justice. If the complaint alleges discrimination in housing, a person may also file a complaint with the U.S. Department of Housing and Urban Development. To file a complaint, contact should be made with: City of East Wenatchee Office of the Mayor 271 9th St. N.E. East Wenatchee, WA 98802 U.S. Department of Justice 950 Pennsylvania Avenue N.W. Civil Rights Division, Disability Rights — NYAVE Washington D.C. 20530 Fair Housing HUD U.S. Department of Housing and Urban Development Seattle Federal Office Building 909 First Avenue, Room 205 Seattle, WA 98104-1000 . 20.Forms and Documents. The listed forms and documents are available on the City's website at east- wenatchee.com and through the Office of the Mayor: • Notice Under the Americans with Disabilities Act • City Grievance Procedure Under the Americans with Disabilities Act • Citizen Request for Reasonable Accommodation Form • Citizen Complaint Form — Programs, Services, Facilities and Activities • Section 504 — General Information • Section 504 — Notice: Section 504 of the Rehabilitation Act of 1973 • City Employee Request for Reasonable Accommodation • City Reasonable Accommodation Policy • Section 504 — Federal Complaint Form • Section 504 — Self -Evaluation Review Form • Section 504 — Assurance of Compliance • Section 504 — Checklist for Existing Facilities • Transition Plan 0 Page 15 of 15 • 0 Council Agenda Bill # Presenter: Position: CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL 13-10-04 Devin Poulson City Attorney Agenda Item # Agenda Date: Department: 6 October 8, 2013 Legal Title: A Resolution of the City of East Wenatchee, Washington adopting a Section 504 grievance procedure. Background: As required by the City's Voluntary Compliance Agreement, the City needs to adopt a Section 504 grievance procedure. The attached resolution spells out how a person may file a complaint that a City service or program does not comply with Section 504 Exhibits: Resolution 2013-19. Recommendation: Staff recommends that the City Council move to approve the Resolution Financial Data: Expenditure Required Amount Budgeted Appropriation Required $ N/A $ N/A $ N/A Action Taken: Motion Made By: V11, n Councilmember Collings Councilmember Johnson Councilmember McCourt Councilmember Barnhart Passed: Failed: Second By: f 4& Councilmember Raab Councilmember Buckner Councilmember Detering Mayor Lacy (in case of tie) Page 1 of 1 . • City of East Wenatchee, Washington Resolution No. 2013-19 A Resolution of the City of East Wenatchee, Washington adopting a Section 504 grievance procedure. 1. Alternate format. 1.1. Para leer este documento en otro formato (espanol, Braille, leer en voz alta, etc.), pongase en contacto con el vendedor de la ciudad al alternateformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@east-wenatchee.com, at (509) 884-9515, or at 711 (TTY). 2. Authority. 2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: 3. Adoption. The City Council adopts the Section 504 Grievance Procedure attached as Exhibit A. 4. Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution. 5. Effective date. This Resolution becomes effective immediately. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this day of , 2013. City of East Wenatchee Resolution 2013-18 Page 1 of 2 • The City of East Wenatchee, Washington 40 By Steven C. Lacy, Mayor Attest: Dana Barnard, City Clerk Approved as to form only: Devin Poulson, City Attorney Filed with the City Clerk: Passed by the City Council: Effective Date: City of East Wenatchee Resolution 2013-18 Page 2 of 2 . Resolution No. 2013-19 Exhibit A • CITY MY EAST WENATCHEE SECTION 504 GRIEVANCE PROCEDURE It is the policy of the City of East Wenatchee not to discriminate on the basis of disability. The City of East Wenatchee has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) of the U.S. Department of Health and Human Services regulations implementing the Act. Section 504 prohibits discrimination on the basis of disability in any program or activity receiving Federal financial assistance. The Law and Regulations may be examined in the office of Devin Poulson, Section 504 Coordinator, 271 9th St. N.E., East Wenatchee, WA • 98802, (509) 884-9515, who has been designated to coordinate the efforts of the City of East Wenatchee to comply with Section 504. Any person who believes she or he has been subjected to discrimination on the basis of disability may file a grievance under this procedure. It is against the law for the City of East Wenatchee to retaliate against anyone who files a grievance or cooperates in the investigation of a grievance. Procedure: • Grievances must be submitted to the Section 504 Coordinator within (insert timeframe) of the date the person filing the grievance becomes aware of the alleged discriminatory action. • A complaint must be in writing, containing the name and address of the person filing it. The complaint must state the problem or action alleged to be discriminatory and the remedy or relief sought. Page 1 of 2 Resolution No. 2013-19 Exhibit A • • The Section 504 Coordinator (or her/his designee) will conduct an investigation of the complaint. This investigation may be informal, but it must be thorough, affording all interested persons an opportunity to submit evidence relevant to the complaint. The Section 504 Coordinator will maintain the files and records of the City of East Wenatchee relating to such grievances. • The Section 504 Coordinator will issue a written decision on the grievance no later than 30 days after its filing. • The person filing the grievance may appeal the decision of the Section 504 Coordinator by writing to the Mayor within 15 days of receiving the Section 504 Coordinator's decision. The Mayor must issue a written decision in response to the appeal no later than 30 days after its filing. • The availability and use of this grievance procedure does not prevent a person from filing a complaint of discrimination on the basis of disability with the U. S. Department of Health and Human Services, Office for Civil Rights. The City of East Wenatchee will make appropriate arrangements to • ensure that disabled persons are provided other accommodations, if needed, to participate in this grievance process. Such arrangements may include, but are not limited to, providing interpreters for the deaf, providing taped cassettes of material for the blind, or assuring a barrier -free location for the proceedings. The Section 504 Coordinator will be responsible for such arrangements. E Page 2 of 2 • • • Council Agenda Bill # Presenter: Position: CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL 13-10-05 Devin Poulson City Attorney Title: Appointment of ADA Coordinator Agenda Item # Agenda Date: Department: 7 October 8, 2013 Legal Background: As required by the City's Voluntary Compliance Agreement, the City needs to appoint an ADA Coordinator. The Mayor has appointed the City Attorney to serve in this capacity. Exhibits: Recommendation: Staff recommends that the City Council move to approve the Mayor's appointment. Financial Data: Expenditure Required Amount Budgeted Appropriation Required $ N/A $ N/A $ N/A Action Taken: Motion Made By:� Councilmember Collings Councilmember Johnson Councilmember McCourt Councilmember Barnhart Passed: ( 1(3 Failed: Second By: Councilmember Raab J Councilmember Buckner Councilmember Detering Mayor Lacy (in case of tie) Page 1 of 1 0 CITY OF EAST WENATCHEE Appointment as the ADA Coordinator of the City of East Wenatchee Appointment I, Mayor Steven C. Lacy, appoint the City Attorney to serve as the ADA Coordinator of the City of East Wenatchee to serve for a term from October 1, 2013 to December 31, 2017. DATED this day of , 2013. Mayor Steven C. Lacy • ATTESTED BY: CITY CLERK DANA BARNARD 11 V • Council Agenda Bill # Presenter: Position: .7 • CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL 13-10-06 Devin Poulson City Attorney Title: Appointment of Section 504 Coordinator Agenda Item # Agenda Date: Department: October 8, 2013 Legal Background: As required by the City's Voluntary Compliance Agreement, the City needs to appoint a Section 504 Coordinator. The Mayor has appointed the City Attorney to serve in this capacity. Exhibits: Recommendation: Staff recommends that the City Council move to approve the Mayor's appointment. Financial Data: Expenditure Required Amount Budgeted Appropriation Required $ N/A $ N/A $ N/A Action Taken: Motion Made By: V Councilmember Collings Councilmember Johnson Councilmember McCourt Councilmember Barnhart Passed: Failed: Second By:�GI Councilmember Raab Councilmember Buckner Councilmember Detering Mayor Lacy (in case of tie) Page 1 of 1 r� u CITY OF EAST WENATCHEE Appointment as the Section 504 Coordinator of the City of East Wenatchee Appointment I, Mayor Steven C. Lacy, appoint the City Attorney to serve as the Section 504 Coordinator of the City of East Wenatchee to serve for a term from October 1, 2013 to December 31, 2017. DATED this day of , 2013. Mayor Steven C. Lacy • ATTESTED BY: • CITY CLERK DANA BARNARD Certification and Appointment to the Civil Service Commission of the City of East Wenatchee. �J AO I CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL COUNCIL AGENDA BILL # 13-10-07 AGENDA ITEM # 9 PRESENTER: Lori Barnett AGENDA DATE: October 8, 2013 POSITION: Director DEPARTMENT: Community Development TITLE: Subrecipient Agreement with the Columbia Valley Housing Association to award the 2011 and 2012 Community Development Block Grant (CDBG) funds for the homeownership assistance program. BACKGROUND/HISTORY: The 2011 CDBG Annual Action Plan allocated $45,000 for housing assistance for home purchasers (goal of 4 homes). The 2012 CDBG Annual Action Plan allocated $16,275 for housing assistance for home purchasers (goal of 1 home). The plan was to use a competitive process to award the funds to a housing service provider and have that agency run the program. Staff was recently informed by HUD staff that we are not required to go through a competitive process to select a housing service provider to administer this program. CDBG guidelines permit a Grantee (the City) to simply contract with an eligible non-profit or public housing authority as a subrecipient. The subrecipient would then be responsible for administering the Homeownership Assistance Program using CDBG Program Year funds from 2011 and 2012. The Housing Authority does not have a homeownership assistance program. The Housing Authority created the Columbia Valley Housing Association (CVHA), a private non-profit, many years ago so they would have greater flexibility in obtaining funds and offering programs. CVHA operates independently and they have been offering home owner assistance programs for many years using various funding sources. CVHA, using the City's CDBG Program funds, will provide direct assistance to eligible low and moderate -income buyers to help them purchase existing housing units that are for sale on the open market within the East Wenatchee city limits or within the unincorporated area of Douglas County located within the Urban Growth Area. Funds will be granted to eligible individuals in an amount sufficient to make the home affordable and may include: a. Payment of all or part of the premium (on behalf of the purchaser) for mortgage insurance required up -front by a private mortgagee. (This would include the cost for private mortgage insurance.) b. Payment of any or all of the reasonable closing costs associated with the home purchase on behalf of the purchaser. c. Payment of up to 50% of the down payment required by the mortgagee for the purchase on behalf of the purchaser. d. Homebuyers must have household incomes at or below 80% of the Area Median income as published annually by the Department of Housing and Urban Development. The program is a deferred loan. If the homeowner stays in the house and continues to qualify, the loan is eventually forgiven. Flyers describing their existing programs have been included with this packet along with a copy of the subrecipient agreement. EXHIBITS: 1. Agreement Between City of East Wenatchee and Columbia Valley Housing Association for East Wenatchee CDBG Homeownership Assistance Program 2. Homeownership Opportunities flyer 3. Down Payment Assistance Program Guidelines - 2013 RECOMMENDED ACTION: Staff respectfully requests that Council approve the contract and authorize the Mayor to sign it. FINANCIAL DATA: Expenditure Required Amount Budgeted Appropriation Required $ 61,275 $ 61 ,275 $ N/A ACTION TAKEN: Motion Made By: Councilmember Collings Councilmember Johnson Councilmember McCourt Councilmember Barnhart Passed: Failed: • Second By: (, (� Lce Councilmember Raab Councilmember Buckner Councilmember Detering Mayor Lacy (in case of tie) Exhibit 1 00 AGREEMENT BETWEEN CITY OF EAST WENATCHEE AND COLUMBIA VALLEY HOUSING ASSOCIATION FOR EAST WENATCHEE CDBG HOMEOWNERSHIP ASSISTANCE PROGRAM THIS AGREEMENT, is made and entered into this day of , 20. between the City of East Wenatchee ("Grantee") and Columbia Valley Housing Association ("Subrecipient"). RECITALS WHEREAS, the Grantee has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; WHEREAS, the Annual Action Plans prepared and adopted for 2011 and 2012 allocated funds for homeownership assistance; and WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto that; I. SCOPE OF SERVICE ' A. Activities The Subrecipient will be responsible for administering a Homeownership Assistance Program using CDBG Program Year funds from 2011 and 2012 in a manner satisfactory to the Grantee and consistent with any and all applicable Federal, state, and local rules and regulations as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program: Program Delivery Provide direct assistance to eligible low and moderate -income buyers to purchase existing housing units, to be used for permanent housing, that are for sale on the open market within the East Wenatchee city limits or within the unincorporated area of Douglas County located within the Urban Growth Area as depicted on Exhibit A to this Agreement. Activity # 1 Homeownership Assistance: The Subrecipient will grant funds to eligible individuals in an amount sufficient to make the home affordable per underwriting guidelines of the participating lending institution. Such assistance must comply with the requirements of Title 24 Housing and Urban Development section 570.201(n) and may include: 0 is f a. Payment of all or part purchaser) for mortgage private mortgagee. (This mortgage insurance.) Exhibit 1 of the premium (on behalf of the insurance required up -front by a would include the cost for private b. Payment of any or all of the reasonable closing costs associated with the home purchase on behalf of the purchaser. c. Payment of up to 50% of the down payment required by the mortgagee for the purchase on behalf of the purchaser. d. Homebuyers must have household incomes at or below 80% of the Area Median income as published annually by the Department of Housing and Urban Development. e. All existing housing to be acquired using the Homebuyer Assistance Program must be decent, safe, sanitary, and in good repair, and meet local ordinances and zoning at the time of acquisition. If the property is new construction it must have a Certificate of Occupancy issued prior to Homebuyer Assistance and loan closing. f. The Subrecipient must comply with the U.S. Department of Housing and Urban Development Lead -Based Paint Regulations (24 CFR Part 35) issued pursuant to the Lead - Based Paint Poisoning Prevention Act (42 U.S.C. Sections 4821-4846, et seq.) and the Residential Lead- Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856) requiring elimination of immediate lead -based paint hazards in residential structures; and notification of the hazards of lead -based paint poisoning to purchasers and/or owners of residential structures constructed prior to 1978. Properties must pass the lead -based paint visual inspection (if home built prior to 1978). The Subrecipient will be responsible for conducting a visual inspection of any homes built prior to 1978 to identify any potential issues with lead -based paint. Should the visual inspection identify potential issues, the prospective buyer will be informed, and the buyer and/or seller shall be responsible for all lead -based paint testing, required repairs using safe work practices or a certified lead - based paint abatement firm, and a clearance exam. General Administration The Subrecipient is responsible for program marketing, intake and screening of prospective homebuyers, thorough buyer underwriting, income calculation and documentation, executing required agreements with buyers, recordkeeping, and ensuring long-term compliance. The Subrecipient must Subrecipient Agreement: CVHA Homeownership Assistance Program -2- CDBG PY2011 and 2012 ., Exhibit 1 establish and maintain administrative, financial, reporting, and record keeping systems consistent with the requirements of the federal Community Development Block Grant program. These activities generally consist of the following elements: a. Verify income eligibility of all recipients and maintenance of income eligibility records. b. Verify that the property will be used as the home buyers primary residence. c. Establish adequate financial and record keeping systems for the project. d. Comply with applicable civil rights requirements. e. Maintain written procurement procedures. f. Submit payment requests and supporting documentation to the City of East Wenatchee. g. Resolve all monitoring issues, if identified. h. Submit CDBG Performance Reports, when requested. B. National Obiectives All activities funded with CDBG funds must meet one of the CDBG program's ' National Objectives: benefit low- and moderate -income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208. The Subrecipient certifies that the activities carried out under this Agreement will meet the following National Objective: The proposed activity qualifies as an L/M Limited Clientele direct benefit since only low- and moderate -income persons will be eligible for the homeownership assistance program. C. Levels of Accomplishment — Goals and Performance Measures The Subrecipient agrees to provide the following minimum levels of program services: Activity Total Units/Year Homeowner Assistance Payments 5 The unit of measurement is the number of East Wenatchee low- and moderate- income households assisted. D. Staffing The Subrecipient must commit to staffing for the CDBG Program: Any procurement of professional service contracts must meet the requirements of federal, state, and local laws, and this contract. Subrecipient Agreement: CVHA Homeownership Assistance Program CDBG PY2011 and 2012 -3- Exhibit 1 f E. Performance Monitoring The Grantee will monitor the performance of the Subrecipient against goals and performance standards as stated above. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated. II. TIME OF PERFORMANCE Services of the Subrecipient must start on the 21st day of October, 2013 and end on the 17th day of March, 2014. The term of this Agreement and the provisions herein must be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets. III. BUDGET Line Item Amount Homeownership Assistance Grants $56,275 Program Operations* $ 5,000 TOTAL $61,275 *Program Operations includes direct program support costs (i.e. program supplies/materials, salaries for staff members providing direct program services). In addition, the Grantee may require a more detailed budget breakdown than the one contained herein, and the Subrecipient must provide such supplementary budget information in a timely fashion in the form and content prescribed by the Grantee. Any amendments to the budget must be approved in writing by both the Grantee and the Subrecipient. IV. PAYMENT It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed $61,275. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Paragraph III herein and in accordance with performance. If applicable, expenses for general administration shall also be paid against the line item budgets specified in Paragraph III and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21. Subrecipient Agreement: CVHA Homeownership Assistance Program -4- CDBG PY2011 and 2012 M Exhibit 1 V. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this contract shall be directed to the following contract representatives: Grantee Lori Barnett Community Development Director East Wenatchee City Hall 271 9ch St. NE East Wenatchee, WA 98802 Phone: 509.884.5396 Fax: 509.886.6113 E-mail: lbarnett@east-wenatchee.com Subrecipient Sherri Schneider Executive Director Columbia Valley Housing Association 1555 S. Methow Street Wenatchee, WA 98801 Phone: 509.264.6776 Fax: 509.663.4761 E-mail: sherri@cvhousing.org VI. SPECIAL CONDITIONS Venue and Law ' Unless preempted by federal law, the laws of the State of Washington govern the interpretation, construction, and enforcement of this Agreement. The venue for any dispute regarding the terms of this Agreement is Douglas County Superior Court. In the event of a lawsuit between the parties to this Agreement, the substantially prevailing party shall be entitled to recover judgment against the other party for reasonable attorney's fees and other costs either at trial or on appeal. VII. GENERAL CONDITIONS A. General Compliance IJ The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. Subrecipient Agreement: CVHA Homeownership Assistance Program -5- CDBG PY2011 and 2012 Exhibit 1 B. "Independent Contractor" Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor. C. Hold Harmless The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement. D. Workers' Compensation The Subrecipient shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. E. Insurance & Bondine The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a 10 minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee. The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance. F. Grantee Recognition • The Subrecipient shall insure recognition of the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. G. Amendments The Grantee or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Subrecipient from its obligations under this Agreement. Subrecipient Agreement: CVHA Homeownership Assistance Program -6- CDBG PY2011 and 2012 Exhibit 1 The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Subrecipient. H. Suspension or Termination In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the Subrecipient to the Grantee reports that are 10 incorrect or incomplete in any material respect. t In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. VIII. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations". Subrecipient Agreement: CVHA Homeownership Assistance Program -7- CDBG PY2011 and 2012 Exhibit 1 • • These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record Keeping 1. Records to be Maintained The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; C. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and g. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Retention The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of four (4) years. The retention period begins on the date of the submission of the Grantee's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four-year period, whichever occurs later. 3. Client Data The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for Subrecipient Agreement: CVHA Homeownership Assistance Program -8- CDBG PY2011 and 2012 Exhibit 1 to determining eligibility, and description of service provided. Such information shall be made available to Grantee Monitors or their designees for review upon request. 4. Disclosure C� • The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee's or Subrecipient's responsibilities with respect to services provided under this contract, is prohibited by the Public Records Act as set forth in Chapter 42.56 RCW unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs The Subrecipient's obligation to the Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Grantee), and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income. 6. Audits & Inspections All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning subrecipient audits and OMB Circular A-133. C. Reporting and Payment Procedures 1. Program Income Any program income derived from this Homeownership program shall be retained by the Subrecipient. The use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR Subrecipient Agreement: CVHA Homeownership Assistance Program -9- CDBG PY2011 and 2012 Exhibit 1 • • 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this contract. 2. Indirect Costs No indirect costs shall be charged to this program. 3. Payment Procedures The Grantee will pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent with any approved budget and Grantee policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by the Grantee in accordance with advance fund and program income balances available in Subrecipient accounts. In addition, the Grantee reserves the right to liquidate funds available under this contract for costs incurred by the Grantee on behalf of the Subrecipient. 4. Progress Reports The Subrecipient shall submit regular Progress Reports to the Grantee in the form, content, and frequency as required by the Grantee. D. Procurement 1. Compliance The Subrecipient shall comply with current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all non -expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon termination of this Agreement. 2. OMB Standards Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40-48. 3. Travel The Subrecipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Agreement. E. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Subrecipient Agreement: CVHA Homeownership Assistance Program -10- CDBG PY2011 and 2012 Exhibit 1 • 0 Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Subrecipient's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until ten (10) years after expiration of this Agreement. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the ten-year period. 3. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee [an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment]. IX. RELOCATION, REAL PROPERTY ACQUISITION AND ONE -FOR - ONE HOUSING REPLACEMENT The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation policies. [The Grantee may preempt the optional policies.] The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b) (2) that are displaced as a Subrecipient Agreement: CVHA Homeownership Assistance Program -11- CDBG PY2011 and 2012 Exhibit 1 direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. The Subrecipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences. X. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance The Subrecipient agrees to comply with local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 2. Nondiscrimination The Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 3. Land Covenants This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504 The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the Subrecipient Agreement: CVHA Homeownership Assistance Program CDBG PY2011 and 2012 -12- Exhibit 1 to individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. B. Affirmative Action 1. Approved Plan f The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 2. Women- and Minority -Owned Businesses (W/MBE) The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro- Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3. Access to Records The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Notifications The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative Subrecipient Agreement: CVHA Homeownership Assistance Program -13- CDBG PY2011 and 2012 Exhibit 1 f of the Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. 6. Subcontract Provisions The Subrecipient will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subrecipients or subcontractors. C. Employment Restrictions 1. Prohibited Activity The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. 2. Labor Standards The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request. The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing Subrecipient Agreement: CVHA Homeownership Assistance Program -14- CDBG PY2011 and 2012 Exhibit 1 • f the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. "Section 3" Clause a. Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Subrecipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low- income persons residing in the metropolitan area in which the project is located." The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing Subrecipient Agreement: CVHA Homeownership Assistance Program -15- CDBG PY2011 and 2012 Exhibit 1 • rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b. Notifications The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. C. Subcontracts The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the tract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Subrecipient Agreement: CVHA Homeownership Assistance Program CDBG PY2011 and 2012 -16- Exhibit 1 • • • D. Conduct 1. Assignability The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee. 2. Subcontracts a. Approvals The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the Grantee prior to the execution of such agreement. b. Monitoring The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. C. Content The Subrecipient shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process The Subrecipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process. 3. Hatch Act The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 4. Conflict of Interest Subrecipient Agreement: CVHA Homeownership Assistance Program -17- CDBG PY2011 and 2012 Exhibit 1 • • • The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following: a. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. b. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. C. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG- assisted activities, or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency. 5. Lobbying The Subrecipient hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or Subrecipient Agreement: CVHA Homeownership Assistance Program -18- CDBG PY2011 and 2012 Exhibit 1 • • attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and C. It will require that the language of paragraph (d) of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly: d. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 6. Covvright If this contract results in any copyrightable material or inventions, the Grantee and/or grantor agency reserves the right to royalty -free, non- exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. 7. Religious Activities The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.2000), such as worship, religious instruction, or proselytization. XI. ENVIRONMENTAL CONDITIONS A. Air and Water The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: - Clean Air Act, 42 U.S.C. , 7401, et seq.; Subrecipient Agreement: CVHA Homeownership Assistance Program -19- CDBG PY2011 and 2012 Exhibit 1 • - Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; - Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. B. Flood Disaster Protection is In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead -Based Paint The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead -based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list. Subrecipient Agreement: CVHA Homeownership Assistance Program CDBG PY2011 and 2012 -20- Exhibit 1 is XII. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. )III. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. XIV. WAIVER The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. XV. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the Grantee and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with respect to this Agreement. • IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. • 10 Attest Grantee City of East Wenatchee LIM Subrecipient Columbia Valley Housing Association Steven C. Lacy, Mayor Board President Dana Barnard, City Clerk Federal I.D. # Approved as to form Devin Poulson, City Attorney Subrecipient Agreement: CVHA Homeownership Assistance Program -21- CDBG PY2011 and 2012 Exhibit 2 HOMEOWNERSHIP OPPORTUNITIES 0 Achieve The Dream of Owning Your Own Home Down Payment Assistance Program • Deferred loan to help with down payment and closing costs • Available in Chelan and Douglas counties • Up to $25,000 Community Land Trust Program • You choose the home you want to buy • The Land Trust buys the land to keep price lower • Available in Wenatchee • Up to $40,000 To Qualify with the Columbia Valley Housing Association for Assistance: 1. You must be able to secure a mortgage or loan through a bank, mortgage broker or • through USDA Rural Development low -interest loans. 2. You must have acceptable credit through a lender. 3. You must plan on attending a first-time homebuyers seminar. 4. Down payment assistance funding will be available beginning April 31, 2012, so contact your bank soon to see if this program could help you buy your own home! To qualify, applicants must earn below 8o% of the area median income for your family size established by HUD for Chelan and Douglas Counties: i Person 2 Person 3 Person 4 Person 5 Person 6 Person 7 Person 8 Person $32,900 $37,600 $42,300 $46,950 $50,750 $54,500 $58,250 $62,000 Columbia Valley Housing Association Sherri Schneider - Executive Director /\ 1555 South Methow Street Phone: 509.663.7421 Reception/Espanol Wenatchee, WA 988o1 Fax: 509.663.4761 OPPOR­ orroa­ sherri@cvhousing.org sherri@cvhousing.org Phone: 509-264-6776 Direct CVHA does not discriminate on the basis of race, color, national origin, sex, religion, sexual orientation, age, political beliefs, disability, mental or familial status, or any other legally protected status. Please contact Sherri to see if you qualify. Applications are available at the address, above which is located in the Housing Authority's office. Exhibit 3 1555 S.9Kethow Street ColumbidValrey Wenatchee, TWA 98801-9417 WrceptionlEspanoi; (509) 663-7421 • Direct: (509) 264-6776 J L ousing Association Emailsheryi@cvhousing.org Down Payment Assistance Program Guidelines - 2013 Columbia Valley Housing Association (CVHA) is a local non-profit organization with a mission to promote affordable housing and homeownership for all throughout Chelan and Douglas counties. CVHA provides homebuyer education, counseling, and financial assistance to families earning 80% or lower of the area median income levels. Our goal is to build self-sufficiency, community pride, and family wealth through the stability and security of owning a home. CVHA's down payment assistance program provides a secondary loan to income -qualified families for closing costs, down payments, or simply to make up the difference between what they have qualified for through a lender and the actual cost of a safe and suitable home. This program helps families keep mortgage payments affordable and then retains that affordability for future families by restricting resale of these homes in the community. Funding for assistance is available on a first -come -first -served basis depending on a personal interview, verification of the homebuyer's income, and their ability to qualify for a primary mortgage through a bank, credit union, mortgage broker, or other financial institution such as • USDA Rural Housing. Potential homebuyers must have acceptable credit and successfully complete a certified First -Time Homebuyer Education course. 1. CV14A serves households earning 80% of the area median income (AMI) or lower according to annual HUD income limits for the Chelan -Douglas county area. 2. Typical down payment assistance amounts range from $5000 - $20,000, depending on funding available and funder restrictions. This assistance can normally be used as needed by the borrower for closing costs, down payment, and/or principal reduction. 3. Financial assistance is structured as a low -interest (3% simple), deferred -payment loan usually in second or third position to the primary lender. Funding is provided at closing as a cashier's check to the title company listed on the Purchase and Sale Agreement. 4. Repayment of this loan is automatically deferred for the first five years to give new homeowners time to stabilize and build up savings. If income increases significantly after five years, repayment begins in affordable monthly amounts as low as $25. If homeowner is on disability, other low fixed income, or income does not increase significantly, repayment will continue to be deferred every five years for up to 25 years. Homeowners may voluntarily begin making payments at any time without penalties. 5. Loan is legally secured with a Deed of Trust and Promissory Note. CVHA attorneys will invoice a flat fee of $500 to be paid at closing for filing of documents with title company. 0 11 DPA loan guidelines, updated 8/1/2013 Exhibit 3 . 6. Initial loan terms for the primary mortgage must be for a 30-year fixed interest rate, with total mortgage payments (PITI) no more than 35% of gross monthly income. Some lenders require an additional down payment of 3.5% for FHA -insured mortgages, even though CVHA is HUD -certified as a provider of secondary loans for down payment. • 7. CVHA can provide the names of various financial institutions that have approved our Down Payment Assistance Program. The homebuyer may choose any realtor they wish or choose from a list of realtors who are already familiar with CVHA's homeownership programs. If the sale of the home is facilitated by CVHA without the use of a realtor, a 2% commission is charged. 8. Potential homebuyers are responsible to have the house inspected by a licensed home inspector before purchasing the home (typically $250-$400) and to provide CVHA with a copy of the inspection report. 9. Potential homebuyers are also responsible for paying the deposit (earnest money) of $500-$1000 to the seller upon acceptance of their offer and signing of the Purchase and Sale Agreement. 10. The homeowners must live in the home themselves (owner occupied). None of CVHA's assistance programs fund rental properties or other income properties. 11. Restrictions and Conditions: a. Full repayment of any CVHA loan is due upon sale of the property or refinancing of the primary mortgage. CVHA loan can be resubordinated if refinance pays no cash out. b. Deed restrictions are attached to the property for 25 years requiring that that homeowner must sell to another low-income family at 80% or lower of the area median income. This restriction remains in effect even if all loans are repaid and serves to keep affordable homes out of the rental market and affordable to low- to moderate -income families. If you have questions or need additional information, please contact Sherri Schneider by email at sherria,cvhousing_org or call 509-663-7421 (reception) or 509-264-6776 (cell). Columbia Valley Housing Association does not discriminate on the basis of race, color, national origin, sex, religion, sexual orientation, age, political beliefs, disability, mental or familial status, or any other legally protected status. 2 1 DPA loan guidelines, updated 8/1/2013 Revised text for Action Item 9 Subrecioient Aareement — CDBG establish and maintain administrative, financial, reporting, and record • keeping systems consistent with the requirements of the federal Community Development Block Grant program. These activities generally consist of the following elements: a. Verify income eligibility of all recipients and maintenance of income eligibility records. b. Verify that the property will be used as the home buyers primary residence. c. Establish adequate financial and record keeping systems for the project. d. Comply with applicable civil rights requirements. e. Maintain written procurement procedures. f. Submit payment requests and supporting documentation to the City of East Wenatchee. g. Resolve all monitoring issues, if identified. h. Submit CDBG Performance Reports, when requested. B. National Objectives All activities funded with CDBG funds must meet one of the CDBG program's • National Objectives: benefit low- and moderate -income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208. The Subrecipient certifies that the activities carried out under this Agreement will meet the following National Objective: The proposed activity qualifies as an L/M Limited Clientele direct benefit since only low- and moderate -income persons will be eligible for the homeownership assistance program. C. Levels of Accomplishment — Goals and Performance Measures The goal for households to be served under this program is 4 in the 2011 Annual Action Plan and 1 in the 2012 Annual Action Plan. The Subrecipient agrees to provide homeownership assistance services based upon that general goal. D. Staffing The Subrecipient will commit to assign staff as necessary to carry out the provisions of this contract for the CDBG Program. Any procurement of professional service contracts must meet the requirements of federal, state, and local laws, and this contract. • Subrecipient Agreement: CVHA Homeownership Assistance Program CDBG PY2011 and 2012 -3- S cl b m i �ed � 0k,4rLe RIVERCOM 911 RiverCom Administrative Board Wenatchee City Council Chambers, 129 South Chelan Avenue, Wenatchee, WA 98801 Meeting Minutes Wednesday, September 11, 2013 Administrative Board Members Present: DRAFT Dale Snyder, Commissioner, Douglas County (Chairman) Tony Veeder, Councilmember, City of Wenatchee (Vice -Chairman) Keith Goehner, Commissioner, Chelan County Wayne Barnhart, Councilmember, City of East Wenatchee Brian Pulse, EMS Director, Cascade Medical Center Ex-Officio Members Present: Brian Burnett, Sheriff, Chelan County Sheriff's Office Harvey Gjesdal, Sheriff, Douglas County Sheriff's Office Tom Robbins, Chief, Wenatchee Police Department Keith Vradenburg, Mayor, City of Entiat Rinita Cook, Regional Training Coordinator, North Central Emergency Care Council RiverCom Personnel Present: Jim Fosse, Director Criselia Grupp, Administrative Services Manager Jerry Corder, IT Manager Josh Humphrey, Radio Systems Technical Manager Staci Engler, Confidential Administrative Assistant Others/Audience Present: Curt Lutz, Director, Chelan County Jail Dee Gutierrez, RiverCom Guild President Jim Brown, Technical & Support Services Manager, Wenatchee Police Department Stan Smoke, Chief, Wenatchee Fire & Rescue Karen Goodwin, Chief Accountant, Douglas County Dick Gormley A. CALL TO ORDER -Chairman Snyder called the meeting to order at 9:03 AM and led the Pledge of Allegiance. B. WELCOME AND INTRODUCTIONS.- Chairman Snyder welcomed those present and attendees introduced themselves. C. APPROVAL OF AGENDA —The agenda was approved as presented. RiverCom 911: Administrative Board Meeting — September 11, 2013 Page 1 D. STANDING AGENDA 1. Consent Agenda a. RiverCom Administrative Board Meeting Minutes, August 14, 2013 b. Bid Opening Minutes: Installation of Communications Building at Moses Stool Radio Site, August 15, 2013 c. Payroll and Benefits for August 2013 in the amount of $ 245,788.37 d. September 2013 Vouchers in the amount of $42,983.16 for payment on September 11, 2013 i. Maintenance and Operations Account $ 26,737.38 ii. General Communications Tax Account $ 10,597.29 iii. Communications Tax Capital Projects Account $ 5,648.49 A MOTION was made by Board Member Barnhart to approve the Consent Agenda. Board Member Pulse seconded the motion. The motion passed unanimously. 2. Board Chair Report —There was no report. 3. Director's Report Director Fosse reported on the following items: a. Association of Washington Cities — HQ Campaign RiverCom employee's are currently participating in the annual AWC Health Questionnaire (HQ) Campaign as a wellness program activity. Employee response surpassed the minimum required 50% participation rate within the first month of a 3-month campaign. The minimum participation rate is required to be eligible for the AWC WellCity award that provides a 2% discount on medical insurance premiums. The completion of the HQ Campaign also qualifies RiverCom for a $170.00 wellness mini -grant. b. Association of Washington Cities — Self-Insuran The Association of Washington Cities Employee Trust Benefit has been approved to become self -insured for medical insurance. RiverCom will need to adopt a resolution and sign an Interlocal Agreement with AWC before November 15, 2013 to remain as participants with the AWC program. Sample documents were distributed to the Board; final documents will be prepared and submitted to the Board for adoption at the October 9, 2013 Board meeting. Director Fosse also noted that AWC had previously anticipated a 10% increase for 2014 medical insurance premiums. AWC is now indicating that there will be a 0% increase as a result of the change to self -insured status. However, it is unknown at this time what impact this will have on future premiums. A further discuss took place about the change. c. Lower Badger Property Director Fosse and Administrative Services Manager Grupp recently met with Steve Crossland and Shawn Fitzpatrick of Fitzpatrick Surveying, PLLC to discuss the status of the Lower Badger property. We are now waiting on preliminary drawings to prepare a draft 40 proposal. RiverCom 911: Administrative Board Meeting —September 11, 2013 Page 2 4. Radio Site Reports 01 a. RiverCom continues to work on resolving transmission issues in the Rock Island area and is planning to add a transmit feature on the receive site. Director Fosse will also be following up with ADCOMM Engineering on the status of an engineering study and recommendation. b. The Stehekin community has expressed their desire for installation of radio communications at their Community Center. Director Fosse initiated a conversation with the Board about the possibility of providing communications at Stehekin. Further discussion took place. The Board requested a staff report and recommendation from RiverCom before further considering the matter. c. Sheriff Burnett and Dick Gormley have been in discussions about installing a radio at Stehekin as a way to improve emergency communications. Director Fosse added that he was willing to provide resources to assist with installation and set-up, but that someone from a fire department would need to attend to and be responsible for any radio equipment to make sure the equipment is accounted for and maintained in good working order. There were further questions about what agency RiverCom would dispatch out if a call did come in and who would be accepting any liability issues. Director Fosse asked the Board about their thoughts on procuring a flat -rate contract with Stehekin rather than an Interlocal Agreement. After further discussion, the Board stated that they would like Stehekin to prepare a proposal and present to the Board. 5. Staffing Report a. Emergency Services Dispatcher Positions • RiverCom now has four (4) vacant Emergency Services Dispatcher positions • One Emergency Services Dispatcher resigned effective August 31, 2013 following maternity leave. • Two (2) ESD candidates continue to move forward through the pre -employment process. • ESD interviews are scheduled for October 2, 2013. RiverCom continues to advertise for the positions in an effort to fill all vacancies. b. Operations Manager Position Interviews for the Operations Manager position were conducted on September 4, 2013. A total of eight (8) interviews were conducted; four (4) candidates moved forward to a one- on-one Director interview the following day; he expects to make a final decision at the end of the week. Director Fosse especially thanked the individuals who served on the interview panel. 6. State E911 Office Report a. RiverCom has received the State E911 State Contract for Chelan County and did not receive funding for a new replacement phone system as requested. Director Fosse plans to meet • with the new State E911 Unit Manager next week while at Camp Murray to talk about RiverCom's need for a new phone system. RiverCom 911: Administrative Board Meeting — September 11, 2013 Page 3 • • • 7. Monthly Financial Reports Financial reports were provided to the Board on the following items: Administrative Services Manager Grupp reported 2013 YTD Expenditures: As of August 30, 2013, actual expenditures were recorded as follows: 2013 YTD Expenditures Maintenance and Operations Account .__......._....._._.._..-- ..._._......__ Capital Projects Account Equipment Replacement Account Communications Tax Account TOTALS: s+ Dollar Amount % of Budget 2,262,475 56.25% -0- 0% 22,856 91.43% 638,054 fi 27.57% 2,923,385 44.89% 2013 YTD Revenue: As of August 30, 2013, actual revenue received was recorded as follows: 2013 YTD Revenue Outside Revenue and Grants Local E911 Excise Tax Agency Assessments Communications Tax Revenue Dollar Amount % of Budget 115.27% 334,661 665,351 67.28% 1,619,430 67.73% 1,416,369 75.62% Site Leases 8,901 13.51% ...... ......... Outside Revenue and Grants (Capital) 224 - TOTALS: 4,044,936 72.06% 8. Operations Report a. Director Fosse reported that RiverCom will be staffing up during at certain times during Oktoberfest in Leavenworth, WA. 9. Committee Reports —There were no reports E. OLD BUSINESS 1. Bid Award —Installation of Communications Buildine at Moses Stool Radio Site A bid opening took place on August 15, 2013 for bids received for the installation of a communications building at the Moses Stool radio site. RiverCom received one (1) bid from Day Wireless Systems in the amount of $335,800.44 (without sales tax). Director Fosse noted that RiverCom provided bid specifications to three (3) vendors per their request, but that Day Wireless was the only vendor to respond. The bid has been reviewed and Director Fosse made a recommendation that the bid be accepted. A MOTION was made by Board Member Barnhart to award the bid for the Installation of a Communications Building at the Moses Stool Radio Site to Day Wireless Systems in the amount of $335,800.44 (without tax). Board Member Veeder seconded the motion. The motion passed unanimously. RiverCom 911: Administrative Board Meeting — September 11, 2013 Page 4 F. NEW BUSINESS 1. Resolution 2013-1: A Resolution to approve and adopt an amended budget to account for • additional expenditures out of the RiverCom 2013 Annual General Operating Budget. The resolution accounts for $50,466.00 in additional funding that was previously provided by the State E911 program; the funds were specifically awarded and received for the purchase of a Spectracom Clock Synchronizer and Nice Logging Recorder. A MOTION was made by Board Member Goehner to approve and adopt the budget Amendment per Resolution 2013-1. Board Member Barnhart seconded the motion. The motion passed unanimously. 2. 2014 Annual Budget — Preliminary Presentation The 2014 Preliminary Annual Budget was provided to Board members for review. Director Fosse and Administrative Services Manager Grupp conducted a preliminary budget review meeting with Karen Goodwin on September 5, 2013. Goodwin stated that she had no concerns with the budget. There were no further questions or comments from Board members or attendees. The final budget will be presented for approval at the October Board meeting. G. CORRESPONDENCE AND INFORMATIONAL ITEMS • Administrative services Manager Grupp will attend the Washington Finance Officers Association Conference September 17-20, 2013 in Tulalip, WA. • Director Fosse will attend the State E911 Advisory Committee Meeting September 19, 2013 • at Camp Murray, WA. • Director Fosse, Administrative Services Manager Grupp, and Confidential Administrative Assistant will attend a Public Safety Testing meeting on September 20, 2013 in Yakima, WA. H. GOOD OF THE ORDER • An in depth discussion took place about the costs for private ambulance services. I. ADJOURNMENT With no further business, the regular meeting of the Board was adjourned at 10:08 AM. Minutes Respectfully Submitted, Staci Engler Confidential Administrative Assistant RiverCom 911 ATTEST: Jim Fosse, Director Date Secretary to the Board RiverCom 911: Administrative Board Meeting — September 11, 2013 Page 5 • RiverCom 911 Administrative Board Members: 49 Chairman Dale Snyder, Commissioner, Douglas County Vice Chairman Tony Veeder, Council Member, City of Wenatchee Keith Goehner, Commissioner, Chelan County Wayne Barnhart, Council Member, City of East Wenatchee Brian Pulse, EMS Director, Cascade Medical Center, RiverCom 911 Operations Group RiverCom 911: Administrative Board Meeting — September 11, 2013 Page 6 Wenatchee Valley Transportation Council Confluence Technology Center 285 Technology Center Way, Wenatchee DRAFT September 12th, 2013 — 9:00 A.M. to 11:00 A.M. MEETING MINUTES ATTENDEES: Richard DeRock, Link Transit Frank Kuntz, City of Wenatchee Russell Clark, City of Rock Island Ken Stanton, Douglas County Steve Lacy, City of East Wenatchee STAFF: Jeff Wilkens, Executive Director Kathy Bruno, Clerk of the Board Nick Manzaro, Transportation Planner Patrick Walker, Transportation Planner Bill Haven, NCRTPO Liaison Paul Mahre, WSDOT Keith Goehner, Chelan County Mark Spurgeon, Port of Douglas County 0 GUESTS: Joel Walinski, City of Leavenworth Steve King, City of Wenatchee Terry Mattson, WSDOT Teri Hickey, WSDOT HQ Dan Frazier, City of Wenatchee Paula Cox, Chelan County Kirk Berg, WSDOT Eric Howe, RH2 Engineering Doug Bramlette, Douglas County Randy Asplund, RH2 Engineering Gary Owen, City of Wenatchee Greg Herkenrath, Pacific Engineering Angie Davis, WSDOT HQ John LaBree, City of Brewster Shiloh Schauer, Wenatchee Valley Chamber of Commerce 1) CALL TO ORDER & INTRODUCTIONS The meeting was called to order by Chair Richard DeRock at 9:00 a.m. Introductions were made around the room. 2) AGENDA REVIEW & APPROVAL The meeting agenda and the consent agenda items were unanimously approved together on a motion by Frank Kuntz and 2nd by Ken Stanton. The consent agenda included the August 8th, 2013 minutes, checks numbered 262763-262768 for August in the amount of $2,112.49, checks numbered 1 263567-263580 for September in the amount of $16,966.18 payroll in the amount of $31,914.94 for August, and the Monthly Financial Report for July 2013. 3) CONSENT AGENDA The consent agenda 4) OPEN PUBLIC COMMENT There was no public comment. 5) BUSINESS ITEMS 5(a) Adoption of FY 2014 Indirect Cost Rate The FY 2014 Indirect Cost Rate proposed was adopted on a motion by Steve Lacy and 2nd by Mark Spurgeon. 6) REPORTS & DISCUSSION ITEMS 6(a) Metro Area Truck Route Study Larry Toedtli from The TranspoGroup gave a progress report and informational presentation to the board regarding the Metro Area Truck Route Study, and asked for comments from the board. Larry • explained that the next stage is to look at conceptual changes and stated that Transpo & RH2 Engineering will be working closely with WSDOT for this portion. The council advised the consulting team to focus on gathering input from the freight users and the Technical Advisory Committee, and 0 not the general public for this study, although it was suggested to have informational meetings with the Wenatchee Downtown Association and the Wenatchee Valley Chamber of Commerce. 6(b) Preliminary 2014-2017 Transportation Improvement Program Jeff Wilkens stated that the preliminary Regional TIP project list is a 4-year list of federally funded projects. Jeff reported that the Okanogan County and WSDOT rural projects were approved at the RTPO meeting yesterday. TAC will be discussing the final draft list of projects at their next meeting and final Regional TIP will be presented for board approval in October. 6(c) MPO/RTPO Membership & Governance Update Jeff Wilkens explained that there had been a lengthy discussion at the RTPO meeting regarding reorganizing the NCRTPO down to Chelan and Douglas counties. Jeff Wilkens was directed to organize a sub -committee to work through the details, and bring back a final governance recommendation that would retain the three -county region, but become one governing board rather than two. 2 6(d) Senate Transportation "Listening Tour" • Jeff Wilkens reported that there will be a Senate "Listening Tour" on September 23rd at the Chelan County PUD starting at 6:00 p.m. The direction from the board was to enforce the idea that we need a revenue package now, and that the proposed "Prevailing Wage" and "Environmental Permitting" reforms are supported by WVTC. 6(e) Director's Report & Member Roundtable Due to lack of time, there were no reports. 6(f) Executive Session The board went into Executive Session at 10:46 a.m. for the Executive Director's performance review, and returned from the Executive Session at 10:56 a.m. There will be a salary comparison conducted of other MPO/RTPO directors around the state, with another Executive Session scheduled next month to review the Executive Director's salary. NEW BUSINESS/ADJOURN The meeting was adjourned at 10:57 a.m. • APPROVED ON October 10, 2013 ATTEST: Richard DeRock, Chairman Jeff Wilkens, Executive Director Title VI and Americans with Disabilities Act (ADA) Notice to Public It is the Wenatchee Valley Transportation Council's (WVTC) policy to assure that no person shall, on the grounds of race, color, national origin or sex, as provided by Title VI of the Civil Rights Act of 1964, be excluded from participation in, be denied the benefits of, or be otherwise discriminated against under any federally funded programs and activities. All meeting sites are accessible to persons with disabilities. Accommodations for people with disabilities can be arranged with advance notice. Any person, who believes his/her Title VI protection has been violated, may file a complaint with the WVTC Title VI Coordinator at (509) 663-9059. Saturday, October 26, 2013 i4# "See a need, do a good deed" 0 ft. Spend time Saturday, October 26* doing a good deed... MADE A large or small... that makes a difference in our DIFFERENCE DAY community or in the lives of the people in it . NATIONAL DAY of DOING GOOD KICKOFF at Pybus Market, Saturday, October 26 at 8 am Meet at the Market, gather your group and head for your project. yoRestore a Hiking Trail Collect food for the food bank Bake bread for a neighbor Paint over grafitti I., Visit or shop for a shut-in '- Write a letter to a friend Recycle Start a neighborhood c n compost pile Hold a free car wash bi Pick up litter or trash W Teach someone a second language Organize a neighborhood crime watch N Make house repairs for the elderly or disabled . Build a playground ■ Provide babysitting for a young family ■ Collect clothing for the needy 0 Tutor a child ■ Plant trees or flowers in public places make ■ Entertain at a nursing home ■ Clean a creek ■ Pledge to volunteer in the community ■ Constructa wheelchair ramp■ Donate supplies to a shelter. Winterize the home of seniors ■ Sew a quilt for someone special ■ Where there's a need ... Do a good deed!! Di"fference (�, For more information, please visit wenatcheemkdd.com 0)*If you can't participate on Saturday for religious reasons, please do a project on Sunday, October 27. This flyer donated by The Wenatchee World THANKS FOR MAKING A DIFFERENCE! Join any of these 2013 community projects For information on these or new projects not in this listing, visit wenatcheemUd.com Annual Freeze and Feed at Women's Resource Center (WRC): Drop off easily -prepared foods (for children and adults with limited cooking facilities) for use in er months, and new/gently used coats and blankets at 20 Adams St. ("The Blue House"). Also donate holiday foods for Thanksgiving and Christmas Food Bank. Donate 10 am to 4 pm. Tanya Bradford, 662-0121 ext. 11. tanya_bradford2000@yahoo.com Art on the Avenues: Clean the sculptures around the city and parks of Wenatchee. Meet at 9 am at the Performing Arts Center (PAC) fountain on Wenatchee Avenue. Bring clean, soft rags. Joy Jasinek, 470-7655. joyjazz@gmail.com. artontheavenues@gmail.com Bikes for Kids: Donate bikes that need little or no repair; donate money for tubes and tires. Donate a bike or get a bike. Chuck Riibe, 679-9475. Buddy Walk for Down Syndrome Awareness: Walk to support and increase awareness for Down Syndrome, 10 am at Walla Walla Park, Wenatchee. Official walk for National Down Syndrome Society. Amy Garrison, 509-393-5404. amygarrison5@gmail.com. www.buddywalk.org Celebrate New Walla Walla Park Mural: Attend the 10 am unveiling of the new mural painted at Walla Walla Park handball courts by Special Needs Social Program participants. Meet the artists 10 am to 2 pm at the park. Sarah Fitzgerald, 888-3283. sfitzgerald@wenatcheeWA.gov Catholic Family & Child Services (CFCS)Nolunteer Chore Services: Assist low-income elderly and disabled adults. Paint, clean, minor house repairs, yard work, do many small group projects in the Wenatchee Valley. Amber Bryant, 662-6761. abryant@ccyakima.org Camp Fire's Zanika Lache, Lake Wenatchee: Clean up camp, make repairs, carpentry, cut wood, remove brush, and more; 9 am to 4 pm; muffins & lunch provided. Bring gloves, brooms, shovels, axes, rakes, chainsaws. Register in advance. Overnight lodging available. Camp is at 16400 Cedar Brae Rd, Lake Wenatchee. Theresa Samuelsen, 663-1609, or 1-800-548-8884. campfire@nwi.net. Facebook.com/campzanika Cancer Care of NCW/Our House: Clean up outside Our House,1708 Castlerock Ave., from 9 am to 1 pm. Bring work gloves and clippers. Also donate paper towels, soups, snack foods, or small cans of juice. Becky Elwell, 663-6964 or 663-3377. cancare2@nwi.net Chelan -Douglas CASA: Create/fill Christmas stockings given to foster children during the holidays. Pick up patterns at 431 Douglas St. Arlene Grover or Sue Baker, 662-7350. arleneg@nwi.net or cdcasa@nwi.net Chelan -Douglas Land Trust Projects: Reseed eroded trails at Saddle Rock 9 am to 3 pm. Bring gloves, shovels, rakes, wheelbarrows; wear sturdy shoes and protective clothing. Bring water/snacks. RSVP Hanne Beener at 667-9708. hanne@cdlandtrust.org, wvvw,cdlandtrust.org Diaper Drive - Junior Service League: Donate $$, diapers, baby wipes and baby formula for area families in need, 10 am to 2 pm, at Albertsons, WalMart, and both Food Pavilions (Wenatchee & East Wenatchee). Lorena Villela, 670-8575. Ivillelal974@hotmail.com Ferry Street Clean Up: Pick up trash, pull and spray weeds, paint over graffiti on Ferry Street 8:45 am to noon. Park on Methow St. across from the Ferry Street Market. Also need a truck to haul away organic waste. Dave Williams, 630-6253 or 665-3634, wenatcheeduo@gmail.com Food Bank Food Drive (NCW Association of Realtors): Drop off non-perishable food for 3 food banks in the Greater Wenatchee Valley. 9 am to 2 pm at Grocery Outlet, 1616 N. Wenatchee Ave. (for Salvation Army), Martin's Market (for Cashmere Food Pantry), or Dan's Market (for Leavenworth Community Cupboard). Doug Morger, 670-2342. dmorger@eaglehomemortgage.com Food Drive: Donate food to Leavenworth Community Cupboard at Smallwood's Harvest, Peshastin. L-Bow the Clown performs Oct. 26. 548-4196 Free Yard Sale: Haul it off, and it's yours! Annual free public giveaway of clothing, appliances, furniture, household items, bedding. 7 am to 2 pm. Foothills Foursquare Church, 315 S. Mission St. Denise Langlois, 663-8761. foothills4square@gmail.com Habitat for Humanity: Work in yard 8 am to noon at 144 S. Terminal Ave. Bring work gloves/water bottle. Contact Jen Pearson -Gale, 509-393-8897. Haven of Hope: Donate cleaners, paper products, laundry and kitchen products as well as trash bags, liquid laundry detergent, fabric sheets, and feminine hygiene items at 202 S. Franklin Ave. Paint for the porch is also needed. Irene Bazan, 664-6866 or 264-0953. Irene@hhmwen.org Homeless Education Program: Donate classroom supplies as well as new backpacks, coats, socks & undergarments and/or $$. Drop off during regular business 235 Sunset St., Wenatchee. Complete list: contact Suzanne Stanton, 663-8161 ext. 33330. stanton.s@mail.wsd.wednet. Lighthouse Christian Ministries and Disciple House: Landscape (bring tools) and prep house for painting at Disciple House, 744 N. Grover, East Wenatchee. Donate cleaning supplies, bleach and paper products for Lighthouse, 526 S. Wenatchee Ave. Shawn Arington, 509-859-2115. Mustard Seed Neighborhood Center: Clean up playground, parking lot & yard, and light clean inside at this non-profit preschool 9 am to 2 pm. Snacks provided. Bring pruners, rakes, shovels and gloves to 1007 Malaga Ave. Mark Seman, 928-925-7617. mark@HMSArchitectures.com New Life Adoptions Pasta Dinner: Order "Chicken Fettucine Dinner for 2" for $30 in advance and pick up on Oct. 26 from 3-5 pm. Reheat and dinner is served and you've ,'made a difference" for orphans in Washington State. Place order with Mike Magnotti, 699-1866. maddog@nwi.net Ohme Gardens Projects: Prepare an area at Ohme Gardens for planting next spring, sort seeds, thin, weed or work on lawn and trail projects, 8 am to noon. Projects for every skill level. For information and tools needed, call Mike Short, 662-5785. ohmegardens@charter.net Packing Friendship: Donate canned and packaged foods at WalMart to distribute to elementary school children for weekend consumption. Collection sponsored by churches in Wenatchee and East Wenatchee. Kay Berdan, 670-0722, or Lana Salvina, 884-3103. Quilting for Foster Kids: Make and/or donate a quilt or quilt top for foster children or donate supplies or gift cards. High school seniors and older. Work party 9 am to 2 pm and drop-off donations anytime at 908 Malaga Ave., Wenatchee. Leitha Weller, 470-6076. leitharcomedy@hotmail.com Quilts of Valor: Make quilts honoring those touched by war 10 am-4 pm Sat/Sun (Oct 26,27) at Chelan Co. PUD auditorium.Lori Kutch, 669-1638. Riverview Kiwanis: Donate warm clothing at collection 10 am-2 pm at Washington Park. Char Toliver, 509-264-0933, Elaine Hensley, 662-6439. Salvation Army Lodge Clean Up: Clean up and winterize from 9 am-4 pm at 1205 S. Columbia St. Bring gloves. Delvin Schorzman, 884-2010. Share -A -Bear: Donate new or gently used adult "huggable size" teddy bears and names of people who would like them for delivery to "forgotten" age groups. Drop off anytime at 1035 Ninth St., Wenatchee. Faith Godbey, 663-3701. faithgodbey@charter.net 12th Teachers Make A Difference Book: Call with your story about a teacher who has made a difference in your life to be included in a book with a "message of hope." Orders for books will be taken; proceeds go toward scholarships. Eldene Wall, 665-2629. eldenew@ncesd.org Washington State Music Teachers Association: Attend concerts by students given at retirement homes. For times call Teri Rappe, 663-4121. Warm Coats, Warm Hearts: Wenatchee Valley Coats for Kids is collecting new and cleaned coats, hats, gloves & scarves for kids preschool to high school. Donations are made through the Wenatchee and Eastmont schools. Drop off donations Oct. 26. More details on Facebook and Twitter @WVCoatsforKids. Andrea Andrus, 509-387-0929. aandrusl 2@gmail.com. Wenatchee Central Lions: White Cane Day 7 am to 5 pm Friday, Oct. 25. Donate eyeglasses, hearing aids and $$ to Lions' Sight Foundation and Golden Ears at Albertson's and Starbucks, Wenatchee. John Evenson, 206-920-8198. jgevenson46@hotmail.com Wenatchee Valley Humane Society: Drop off cat litter, kitten food, chewies, rawhides, canned dog food and gift cards 11 am to 3 pm at the shelter, 1474 S. Wenatchee Ave. Jill Leonard, 662-9577, ext. 415. jleonard@wenatcheehumane.org Winter Clothing/Coat Giveaway: Free winter clothing/coats at J Russell, 517 S. Wenatchee Ave., distributed until gone by church members of Serve Wenatchee Valley ServeFest. Bob Shepherd, 663-4673. www.servewenatchee.org WRAC 60-Day Challenge: Donate money (goal is $10,000 in cash and goods) for local charity by supporting one of several 8-week fitness and fundraising teams. a team during October and support a team on Oct. 26. Tammi Flynn, 670-8834. tammi@wrac.org ca r YMCA Water Lily Calendar: Pick up an invitation Oct. 26 at Pybus Market to attend the Nov. 16 autograph and release party at the YMCA of the Water Lily 2014 . Proceeds from the $10 calendar support youth scholarships at the YMCA. Rana Wilcox, 667-1436. Judy Brown, 663-8346 or Mary Kintner, 663-7667. lynnrana@nwi.net