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HomeMy WebLinkAbout1/13/2015 - City Council - City Council Meeting Agenda PacketC J • • CITY OF EAST WENATCHEE REGULAR COUNCIL MEETING AGENDA JANUARY 13, 2015 6:30 P.M. ROLL CALL PLEDGE OF ALLEGIANCE PRESENTATION Friends Improving Dog Opportunities (FIDO) — Caren Smith PUBLIC COMMENTS BUDGET ISSUES DEPARTMENT REPORT(S) Dan White, Events Coordinator — LTAC Committee rec mme�ldatl'ons and a�pp�date--�OhnSon`IX� 1/0 Nick Gerde, Finance Director — Preliminary 2014 Financial Report MAYOR'S REPORT Council Assignments for the 2015 Fiscal Year CONSENT CALENDAR 1. Consideration of Minutes — Regular Session, December 9, 2014 2. Consideration of Payables 3. Agreement with Columbia Valley Community Health for Maintenance and Landscaping of the 91" Street Garden. PUBLIC HEARING 4. 15-01-01 A public hearing to receive comments regarding extending the interim regulations on marijuana businesses. (Lori Barnett, Community Development Director) 5. 15-01-02 A public hearing to receive comments regarding the draft 2013 Consolidated Annual Performance and Evaluation Report (CAPER). The draft 2013 CAPER describes how the city used the Community Development Block Grant program funds during the 2013 program year. (Lori Barnett, Community Development Director) Continuedon next page ..................... A] In compliance with the Americans with Disabilities Act, ifyou need special assistance to participate to this meeting, please contact the City Clerk at 509-884-9515 Notification of 3 working days prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting Page 1 of 2 ORDINANCE(S) 6. 15-01-03 First reading of an ordinance extending the interim regulations adopted with the • passage of Ordinance 2014-01 pursuant to RCW 35A.63.220 and RCW 36.70A.390 or an additional six months; adopting regulations on marijuana related uses for period of six months while the City considers and drafts permanent regulatory controls. (Lori Barnett, Community Development Director) 7. 15-01-04 First reading of an Ordinance redefining the meaning of "civil infraction" by amending Section 1.20.040 of the East Wenatchee Municipal Code. (Devin Poulson, City Attorney) • 8. 15-01-05 First reading of an ordinance updating the penalties for committing an unlawful act in a park by amending Chapter 12.12 of the East Wenatchee Municipal Code (Devin Poulson, City Attorney) ACTION ITEMS) 9. 15-01-06 Approval and adoption of the 2013 Consolidated Annual Performance and Evaluation Report (CAPER). The 2013 CAPER describes how the city used the Community Development Block Grant program funds during the 2013 program year. (Lori Barnett, Community Development Director) RESOLUTION(S) 10. 15-01-07 A Resolution authorizing the Mayor to sign a Professional Services Agreement with the Master Gardeners Association of Chelan County for Maintenance and Landscaping of Japanese Garden. (Steven C Lacy, City Attorney) 11. 15-01-08 Two Resolutions authorizing the establishment of a Health ReimbursementNoluntary Employees' Beneficiary Association Plan. (Nick Gerde, Finance Director) DISCUSSION ITEM(S) 12. 15-01-09 A discussion regarding Tablet Computer Use Policy for Elected Officials. (Devin Poulson, City Attorney) 13. 15-01-10 A discussion regarding revision of the Business License Ordinance. (Devin Poulson, City Attorney) COUNCIL REPORTS EXECUTIVE SESSION(S) Potential Litigation ADJOURNMENT ` In compliance with the Americans with Disabilities Act, ifyou need special assistance to participate in this meeting, please -' contact the City Clerk at 509-884-9515 Notification of 3 working days prior to the meeting well enable the City to make reasonable arrangements to ensure accessibility to this meeting Page 2 of 2 CITY OF EAST WENATCHEE COUNCIL MINUTES DECEMBER 9, 2014 REGULAR SESSION OF THE CITY COUNCIL CONVENED MAYOR STEVEN C. LACY, PRESIDING DECEMBER 9, 2014 6:30 P.M. ROLL CALL Mayor Steven C Lacy Councilmember George Buckner Councilmember Wayne Barnhart Councilmember Chuck Johnson Councilmember Harry Raab Councilmember Tim Detering Councilmember Frank Collings Councilmember Sandra McCourt - Excused EMPLOYEES IN ATTENDANCE City Attorney Devm Poulson City Clerk Dana Barnard Community Development Director Lori Barnett Finance Director/Treasurer Nick Gerde Public Works Director/City Engineer Greg Pezoldt Executive Secretary/Accounting Assistant Teresa Allen Clerical Assistant Shawn Murison APPRECIATION AWARD(S) Mayor Lacy acknowledged Certificate of Recognition awards that would be presented to Jeanie Bryant for completing twenty-five years of service to the City of East Wenatchee, and to Richard Mott, for completing five years of service to the City of East Wenatchee Neither employee was in attendance PUBLIC COMMENT(S) Councilmember Raab said at the recent Stormwater Utility meeting the subject of the Baker Avenue Project was brought up, and he has concerns regarding placement of sidewalks on the west side of the street rather than along the east side of the street, adjacent to the golf course Jim & Helen McGarvin, property owners, 1524 N Baker Ave, East Wenatchee, expressed concerns regarding plans for the Baker Street Project, as their property continually receives water runoff from the golf course. Public Works Director Greg Pezoldt explained that the City and County both received Grant Funding for the Baker Avenue project as a joint project, which was based on using existing right -of way on the west side of the street, and an in -ground Stormwater system Mayor Lacy stated that if the design is done properly it would be a positive in terms of resolving drainage issues He invited the McGarvin's to come back as we proceed with the project 0 y CITY OF EAST WENATCHEE COUNCIL MINUTES DECEMBER 9, 2014 DEPARTMENT REPORT(S) Finance Director Nick Gerde distributed and reviewed the Financial Report for the month of October 2014. He noted that he was unable to distribute the Financial Report for the month of November 2014 due to computer issues MAYOR'S REPORT Mayor Lacy asked Council to review the list of City of East Wenatchee Representative assignments and contact him if they would like any changes to be made. Assignments would then be appointed at the first Council meeting in January 2015 Mayor Lacy noted that the December 23, 2014 Council meeting will be cancelled, as we have completed all business for the year. Mayor Lacy reminded everyone of the employee luncheon being held on December 16, 2014, at 12 00 p M. CONSENT CALENDAR Items listed below were distributed to Councilmembers in advance for study and were enacted in one motion. Council Action: A motion was made by Councilmember Collings, second by Councilmember Detering, to approve the Consent Calendar as amended. The motion carried, 6-0. 1. Consideration of Minutes — Regular Session, November 25, 2014 2 Consideration of Payables & Payroll 1 2014 Pa, ay bles — As of this date, December 9, 2014, Council does approve check numbers 42239 through 42332 and 42356 through 42403 in the total amount of $111,865.17. No payables checks were voided. 11 2014 October & November Payroll — As of this date, December 9, 2014, Council does approve check numbers 42075 through 42098, 42163 through 42185, 42226 through 42240, 42333 through 42355, 42243 through 42263, 42327 through 42328, and direct deposits on 10/16/2014, 11/3/2014, 11/17/2014, and 12/2/2014 in the total amount of $767,491 50 No payroll checks were voided ACTION ITEMS) 14-12-01 Recommendation to award the Contract for the 3`d Street Stormwater Retrofit Project Presented by: Greg Pezoldt, Public Works Director Council Action: A motion was made by Councilmember Detering, second by Councilmember Johnson, to award the Contract for construction of the 3`d Street NE Storm Water Retrofit Project to Pipkin Construction in the amount of $95,495, and to further authorize the Mayor to sign the Contract. The motion carried, 6-0 CITY OF EAST WENATCHEE COUNCIL MINUTES DECEMBER 9, 2014 • 14-12-02 Approval of Agreement Supplement No. 3 with RH2 Engineers for the Grant Road Storm Pipe Repair Presented by. Greg Pezoldt, Public Works Director Council Action: A motion was made by Councilmember Barnhart, second by Councilmember Buckner, to approve RH2 Engineers Consultant Agreement Supplement No 3 in the amount of $3,565 The motion carried, 6-0. 14-12-03 Request for deferral of street improvements for Salas Short Plat SP 2011-03. Presented by- Lori Barnett, Community Development Director Council Action: A motion was made by Councilmember Barnhart, second by Councilmember Detering, to approve the deferral of street improvements for Salas Short Plat SP 2011-03, and to further authorize the Mayor to sign the Concomitant Improvement Agreement. The motion carried, 6-0. 14-12-04 Approval of an Interlocal Agreement with Washington State Transit Insurance Pool to provide Driver Record Monitoring Services for employees required to obtain and maintain CDL certification status Presented by: Nick Gerde, Finance Director Council Action: A motion was made by Councilmember Detering, second by Councilmember Johnson, to approve an Interlocal Agreement with Washington State Transit Insurance Pool to provide Driver Record Monitoring Services required to obtain and maintain CDL certification status, and to further authorize the Mayor to sign the Agreement. The motion carried, 6-0. RESOLUTION(S) 14-12-05 A Resolution of the City of East Wenatchee, Washington, authorizing the Mayor to sign a Professional Services Agreement for Coordination of events for the City of East Wenatchee. Presented by Steven C Lacy, Mayor Council Action: A motion was made by Councilmember Detering, second by Councilmember Barnhart, to approve Resolution No 2014-23, and to further authorize the Mayor to sign an Agreement with Dan White for Coordination of Events for the City of East Wenatchee. The motion carried, 6-0 Resolution No. 2014-23 A Resolution of the City of East Wenatchee, Washington authorizing the mayor to sign a Professional Services Agreement for Coordination of Events for the City of East Wenatchee. CITY OF EAST WENATCHEE COUNCIL MINUTES DECEMBER 9, 2014 Is14-12-06 A Resolution of the City of East Wenatchee, Washington, authorizing the Mayor to sign a Professional Services Agreement for Support Services for Events for the City of East Wenatchee Presented by: Steven C Lacy, Mayor Council Action: A motion was made by Councilmember Buckner, second by Councilmember Collings, to approve the Resolution, and to further authorize the Mayor to sign an Agreement with Brooke Black for Support Services of Events for the City of East Wenatchee. The motion carried, 6-0. Resolution No 2014-24 A Resolution of the City of East Wenatchee, Washington authorizing the mayor to sign a Professional Services Agreement for Support Services of Events for the City of East Wenatchee. 14-12-07 A Resolution of the City of East Wenatchee, Washington, authorizing the Mayor to sign a Building Use and Maintenance Agreement with the North Central Regional Library District Presented by- Steven C Lacy, Mayor Council Action: A motion was made by Councilmember Raab, second by Councilmember Detering, to approve the Resolution, and to further authorize the Mayor to sign an Agreement with the North Central Regional Library District. The motion carried, 6-0 Resolution No. 2014-25 A Resolution of the City of East Wenatchee, Washington, authorizing the mayor to sign a Building Use and Maintenance Agreement with the North Central Regional Library District. 14-12-08 A Resolution of the City of East Wenatchee, Washington, authorizing the Mayor to sign an Agreement by and between the City of East Wenatchee, and Teamsters Local Union No. 760, representing Law Enforcement Employees Presented by- Steven C. Lacy, Mayor Council Action: A motion was made by Councilmember Barnhart, second by Councilmember Johnson to approve the Resolution, and to further authorize the Mayor to sign an Agreement with Teamster Local 760 for Law Enforcement Officers. The motion carried, 6-0 Resolution No. 2014-26 A Resolution of the City of East Wenatchee, Washington authorizing the mayor to • sign a Labor Agreement with Teamster Local 760 for law enforcement officers. CITY OF EAST WENATCHEE COUNCIL MINUTES DECEMBER 9, 2014 • 14-12-09 A Resolution of the City of East Wenatchee, Washington, authorizing the Mayor to sign a Labor Agreement by and between the City of East Wenatchee, and Teamsters Local Union No. 760, representing Police Clerical employees. Presented by Steven C Lacy, Mayor Council Action: A motion was made by Councilmember Determg, second by Councilmember Buckner, to approve the Resolution, and to further authorize the Mayor to sign an Agreement with Teamster Local 760 for Law Enforcement Clerical Workers The motion carried, 6-0. Resolution No. 2014-27 A Resolution of the City of East Wenatchee, Washington authorizing the mayor to sign a Labor Agreement with Teamster Local 760 for law enforcement clerical workers. ORDINANCES) 14-11-08 Second reading of an Ordinance of the City Council of the City of East Wenatchee, Washington, adopting the annual budget of the City for the fiscal year commencing January 1, 2015. Presented by Nick Gerde, Finance Director • Council Action: A motion was made by Councilmember Johnson, second by Councilmember Collings, to approve the annual budget of the City for the fiscal year commencing January 1, 2015. Council Action: A motion was made by Councilmember Barnhart, second by Councilmember Raab, to amend the motion to approve the annual budget of the City for the fiscal year commencing January 1, 2015 by removing $450,000 designated for the Gateway Project The motion failed, 2-4 (Determg, Johnson, Buckner, Collings). Council Action: A motion was made by Councilmember Johnson, second by Councilmember Collings, to approve the annual budget of the City for the fiscal year commencing January 1, 2015 The motion carried, 6-0 ORDINANCE NO. 2014-15 An Ordinance of the City Council of the City of East Wenatchee, Washington, adopting the annual budget of the City for the fiscal year commencing January 1, 2015. 14-12-10 First reading of an Ordinance adopting the final budget of the Greater East Wenatchee Storm Water Utility for the fiscal year commencing on January 1, 2015 Presented by. Greg Pezoldt, Public Works Director • Mayor Lacy read first reading of the Ordinance and elevated it to second reading, without objection. 5 CITY OF EAST WENATCHEE COUNCIL MINUTES DECEMBER 9, 2014 • Council Action: A motion was made by Councilmember Raab, second by Councilmember Collings, to adopt the final budget of the Greater East Wenatchee Storm Water Utility in the amount of $4,264,360 for the fiscal year commencing on January 1, 2015 The motion carried, 6-0 ORDINANCE NO. 2014-16 An Ordinance of the City of East Wenatchee, adopting the final budget of the Greater East Wenatchee Storm Water Utility in the amount of $4,264,360 for the fiscal year commencing on January 1, 2015. COUNCIL REPORTS Councilmember Johnson stated that he contacted local legislatures regarding questions and concerns related to Initiative 1351 - Class Size Reduction measure He said he met with Linda Evans Parlette to discuss the issue and feels that she is on board with making sure that Cities and Counties do not have to make any additional sacrifices Ms Parlette also informed him that the last budget estimate from the State of Washington had the expected revenues up 9%, and thought that would help pay for either the McCleary Decision on Public Education Funding and Reform or the Class Size Reduction measure, but not both Councilmember Johnson suggested that Council meet with local legislatures at an earlier time next year to discuss any issues The following reports/minutes were submitted in writing prior to the City Council meeting. • Councilmember Barnhart — Minutes from the Rivercom 911 Administrative Board meeting held on November 12, 2014. • Mayor Lacy — Minutes from the Wenatchee Valley Transportation Council meeting held on November 13, 2014 Councilmember Buckner — Minutes from the Plug In North Central Washington (NCW) Board meeting held on November 20, 2014. ADJOURNMENT 7 50 p m. Dana Barnard City Clerk n U • • 1-1 CITY OF EAST WENATCHEE CHECK REGISTER 2014 PAYABLES 23-Dec-14 CHECK NUMBERS: 42424; 42576-42665 TRANSPORTATION BENEFIT DISTRICT CHECK NUMBERS: 10091; 10092, 10093 VOIDED CHECKS: 42378;4240442407; 42484; 42486-42575 DEPARTMENT/FUND AMOUNT CURRENT EXPENSE 001 $194,126 32 STORM WATER UTILITY 050 $8,377 53 STREET DEPARTMENT 101 $45,789 63 LIBRARY FUND 112 $259 59 EAST WENATCHEE EVENTS 117 $4,201 72 ST IMP BOND REDMPT FUND #3 202 000 STREET IMPROVEMENT 301 $42,668 52 COMMUNITY DEVEL GRANTS 102 $182 56 EW TRANSPORTATION BENEFIT DISTRICT $117,497 07 Grand Total All Funds $413,102.94 . I �I Fund Transaction Summary I—=h Transaction Type Invoice Fiscal 2014 - December - Second December 2014 • a- - 1Am 001 Current Expense $194,126 32 050 Storm Water Utility $8,377 53 101 Street Department $45,789 63 102 Community Devel Grants Fund $182 56 112 Library Fund $259 59 117 East Wenatchee Events Brd Fund $4,201 72 301 Street Improvement Fund $42,668 52 630 EW Transportation Benefit District $117,497 07 Count: 8 $413,102.94 • Printed by EASTWENATCHEE\tallen on 1/8/2015 10 20 55 AM Page 1 of 1 0 East Wenatchee - Fund Transaction Summary • 1� u V* et tiI-- 0 Cl) N 0 C) 0 Qf 0 CA 00 Go 0 m N N I� f` q, - CO coca O) C) .-- Cl) M m M CD c;N (0 00 N N U-) In O Q> 00 Gp 0-) 6 M 69 !q 6s1 N N EA w ER d? .-- EA w Ef! tR V) 69 EA Ok EiT M O N Ol N d y c O O N N Q N Co a E y O N j y y Ln G W a p CD C a) N CO co a) O c c m N d d CL d U) a CL (0 m ti a a N N U) (n N U) L (n U) L � (/� y w c L) � � a y m w w L U 41 0 d O O O LO O U O �-O O O O ~ V O _ ` O y 0 0 ` O O O O Z LLJ ' O � M G) O 0 Cl) G) 0 0 M� d O ` C7 V O U)M O Cl) C 4) v N 00 M GIm I- M �M c 0W �cco 0cCL to W '~ N ` N U) N I- >,N N N 00 m 00 >, cU? way �� ::L w ;U) ;Lo N N N O >N 00N N 0 E00 0y c0 c w ODo G.o >v�n Woo cq Go cv v)O _v iio m•- o —� �o a d0 d G)O y00 o (D0 47o OG)O N m� U)� to � U) U)� N o in o W) ~ IV M � M� M� M^ W) M Cl) Ln M w O In 1� w O Ln N M M w cn :°. cn M M M M +�+ +�� +�+ +�+ +�+ w M HM HM HM HM F-M HM HM f— U `^ Z _ cp c c 'nCc 0 04 Q•, E M 0 U >' c a 0 a x W a r- 1-- LO Ln 00 O I:T v LO LO LO LO M M � IV 00 O CD CO Cl) m O CIO � q4 1- 1- M M 00 f\ N— CM N N O P- 'IT Cl) M OI O Im oo 06 CD CO � � 0)0f 0) CAA 't � 00 I,-I,-M O a)t71 M 64 to EFT 64 N N O CD Cl) M CD — M— LO .4 EFT 64 EFT K! 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X l0 O O O` OQ O CD X • X C u X O d p Lu H X F- C9 • 0 CITY OF EAST WENATCHEE CHECK REGISTER 2015 PAYABLES 13-Jan-15 CHECK NUMBERS: 42666-42681 VOIDED CHECKS: none DEPARTMENT/FUND AMOUNT CURRENT EXPENSE 001 $54,678 03 STORM WATER UTILITY 050 $0 00 STREET DEPARTMENT 101 $1,004 00 LIBRARY FUND 112 $0 00 EAST WENATCHEE EVENTS 117 $330 00 ST IMP BOND REDMPT FUND #3 202 000 STREET IMPROVEMENT 301 $0 00 COMMUNITY DEVEL GRANTS 102 $0 00 EW TRANSPORTATION BENEFIT DISTRICT $0 00 Grand Total All Funds $56,012.03 0 {�j Fund Transaction Summary Transaction Type Invoice Fiscal 2015 - January 2015 - January 1 st Council Meeting Description AmouW, 001 Current Expense $54,678 03 101 Street Department $1,004 00 117 East Wenatchee Events Brd Fund $330 00 Count: 3 $56,012.03 • 0 Printed by EASTWENATCHEE\tallen on 1/8/2015 10 34 20 AM Page 1 of 1 East Wenatchee - Fund Transaction Summary 11 • • 0 0 0 0 0 0 0 (D 0 0 0 0 0 0 0000 000000 0000 o 000 OOO CCO InU.)Uiin U') u9 uY Ln ao 00 0o IV It Iq r- h � ti d9H7d9NNN MCl) Cl) M tsi tit tip tip to) tR ER vl9 is is 44 0f O) d N y rn c > c Q C C in Q (n h y Q r r U) U U) >t a > C C L d) Uo6_ (n CL m c to to C o y y 40 o U a N N m m 3 C1 7 C C C O O ui 06 rn v V* p ay+ O O O N >, C? 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C C O O 0 C to c N N a Q O N U) C 0Q NC.) V N O CD O �• 1� 0 10 O O O 01 :) c co u) O tow 7 :+ r ti 07 to 0 N t0 N O N aN O E�°N O V vN 0 O v H 0 H E �v H•E 0fn o ary H o N E m O a 3 0 —2 .. O E ' .2 Q tm c U c E n >'c 3 c c E° c LU) f E • >E cm m IM co 0 �. O L L N 43) X 0 H H> FO-� FO-� H w U • C 0) u c 3 O U N m 7 C m 7 t0 O N W 3 C m LO O N d c N EO 700 d rn c+ 0 o> '�t le IV V In {O 1n 1A m Of Of Of rl rl ti ti U') LO W W eq. NiW N% O c O U (A V E Q y 0 c O p V o E "' �O M c� a d ML M IL d C) moo. u� m N O in 9 O O O N N N O W Q O N d <O V O 0) C v m C 0 O O O O M O O O O O O O O O N 0 0 0 0 p Lq IAInLei 0 N NNCMW a- � � � W) y 0 EA 61T 69 to tl'T a U C 7 O U to c o Ln M T M N O CO Ln CD CD N 00 f0 y c O 0)C m N E 0) i W W V O w U � C O O a a "' m co t LO a u' c o � C) O ` O N 0- CD W ~ O V- Ln ' O N p p N O N O ` Q O N d � r V 7 O > U v O V c > H Go W N _ wO C O vOi � N N au E U N H c H L X Q ` W Fund Transaction Summary Transaction Type Invoice Fiscal 2015 - January 2015 - January 1st Council Meeting . e: 001 Current Expense $54,678 03 101 Street Department $1,004 00 117 East Wenatchee Events Bird Fund $330 00 Count: 3 $56,012.03 • 0 Printed by EASTWENATCHEE\tallen on 1/8/2015 10 34 20 AM Page 1 of 1 East Wenatchee - Fund Transaction Summary • 9 December 2014 Mayor Steve Lacy City of East Wenatchee 271 Ninth Street N.E. - East Wenatchee, WA 98802 Dear Mayor Lacy: This letter is to request excused absences for the City Council meetings scheduled for 23 December 2014, if one is scheduled on or after that date, and the scheduled meetings on 13 January and 27 January 2015. I would appreciate council member, Chuck Johnson, subbing for me at the EDD meeting when and if scheduled on 14 January 2015 at 8:45 • AM at Lake Chelan City Hall. I will be out of the State for an extended period but will return in time for the 10 February 2015 meeting. Marie and I wish you, the Council and all City Employees a joyous Holiday Season and a prosperous New Year! With best regards, George J. Buckner Position 4 Councilperson Hand Delivered a 9 10886 dM `aaWIeuaM anuand aay:)IeuaM gjnoS T uoLlepunol sliodS Aallen aay:)jeuaM o/:) Oalj /fallen eay:)IeuaM ibuguud aingDojq jo pui)f-w-uogouop jno1(jojaaga4ouaM 1s03 jo luud u/ 01 SVOW ao O on c o a) o 0 0 m LL v Z F- CL v v v> O u N +d u m (3) O Q `o u 3 L-C p m aci 3 m u n Y E Y u 3 0 = oc o 3 m@ o N m m c 30 3 W v a D R W N ° Q E `o o o a In o LL v O O Ln Q - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In - - - - - - - - - - - - - U E (d to L E ° co L > O U a 0 ai — O 0 In - 0 h0 `^ 0 0 CDr-4 Q o u = o - a a fO a i Q I b cu 0 1 a= -0 ' O � a°, ul � I o L- ` Y L d� I a -� 0 0" ° n o s , 3 0> o n 0-0 a a 3 �' ° o � LLm u Y O c❑ 'Q � a No 'n Z Q � �� O a C. Op 2 I O�' j ? 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Z, -0 a @ > > Y _0 f N o .� LJJ a v co c s ° EQj a u 3 r=v oaA > in Z Q O O E O u a � a ,� a O O N m Z O Y N a ~ - s Y> u O rz v d 3 t s E ° o o �_ m a ° c 0 (U m E o L ,� ° (o a W e o E n 0 L o° v ao vo a O W i ° L _ m E L r O °' a a U v a Z a +a+ a c Y a Y E° O O °+�' c a N (a �° JO w o 0 o v 3_0 u v c N E o a LL y > y E:O C m a V �� Q o C7 7 -O m E U c CO a > .S - O (D u ri rV M M1• 2 -a Y c O s 0 � a E U > U u O Y n > 9CU c (u ° U u O (o C a a C: O `v N i a a i a CO a 0. v Y Q _ O N O a) O (o Y a � I L Y � O c (a to . _ O LA Q) O a In c O E a c O c O O a E 7 O T C k UO c 0 N T a cu a � Y C (D � Y O O U -0 c no o ,n L (9 Q Q c y (v 0 N O L �C N fd (0 E on o O M a > v a u L O U IJ d "O c a X a L Y ° T Y a 3 a4L a O u u pp O 0 a 'J o a = O 00 > W Q n a C a Q u U ro d1 c a a s 0 a r Meet FIDO! F DO FIDO (Friends Improving Dog Opportunities) is an all -volunteer group with a Board of 6 members and 3 liaisons (Sports Foundation, Humane Society, Wenatchee Parks), that was founded in 2009 FIDO's VISION. To establish a network of public, no fee off leash areas in the greater Wenatchee Valley. Dog parks are the fastest -growing type of park in the U S Forty percent of US households own a dog, which is about the same percentage as those that have children The number one outdoor activity in terms of frequency is walking with a dog For some people, walking a dog is their only outdoor activity and sometimes their only social activity. While there are increasing public lands around the Wenatchee region, most of these require that dogs be on a leash. The mission of the Wenatchee FIDO organization is to: • Encourage and facilitate the establishment of dog parks in order to provide safe, secure, and well - maintained public off -leash recreation areas. • Promote education, training, and recreational activities that facilitate responsible dog ownership and well behaved dogs • Motivate and empower dog owners to take an active role in the maintenance and improvement of off - leash dog areas through the efforts of volunteers • Provide effective socialization and exercise opportunities for people and their dogs • Assist governmental entities (e.g., cities) in policy development and maintenance of dog parks. • Encourage respect for park rules and regulations. FIDO's first project is an off -leash area on Wenatchee City Park property, along the loop trail south of Pybus market We are developing a cooperative arrangement with Wenatchee City parks, which owns the land and will provide infrastructure and basic maintenance while FIDO raises funds for park amenities and assists with ongoing maintenance of the park once it is developed. This working partnership can serve as a model for future dog parks, where land might be available while the owner agency needs assistance with creation and maintenance of the park itself. The 2006 Park, Recreation and Open Space Plan advised that the Wenatchee City Parks appoint an issues -specific committee regarding creation of a dog park In 2010 the Mayor and City Council identified a dog park as a priority and noted that relationships with issue -specific task forces (such as FIDO) are established by cities to centralize the process, recommend policies and laws, research environmental health issues, wildlife and habitat effects, discuss planning and provide suggestions for designs and operating In 2010 FIDO developed an alliance with Wenatchee City Parks and together we began to explore the need for Off -Leash Parks, via public petition and public meetings In 2013 the city received a donation of land (Hale Park) and through public input determined that a dog park would be suitable for this area In 2014 the City of Wenatchee gave approval for an Off -Leash Area of approximately 2.5 acres at Hale Park This will be a no -fee, public park FIDO is raising funds for construction to begin in 2015 While this first park project is being developed, FIDO is also investigating prospects for additional parks in Chelan County, East Wenatchee, Cashmere, and in Wenatchee along the foothills. We are making sure that they and other land owners (e g , the Chelan Co. PUD, Chelan County, and Port Districts) are aware of who we are and what we do Donations to FIDO through the nonprofit Wenatchee Valley Sports Foundation are tax-deductible www wenatcheefido org info@wenatcheefido.org FaceBook: Wenatchee FIDO C • O N C 10 O (D a) Y a 0 U a) � m L 0 N N c N 5 t L U () >a)) > N ❑ — C N W V) >>CI >I m W Z cc W za CDLL N27 E U) i , i i C U) m U N Z N Z C) N _y �j c f0 in v1 1 U) in in O ❑ N as — L U L rn uW rn rn corn w f6 cQ 7 _ Y Ol O O O a) 3 2 ❑ Ci J N v f Q LL CL a o E E 1' 0 CDE o Q Q �� N O O O ' Or co O Cl) O co 00 m f t v v 2 a) 'a m E2 v -0 v C a) M O Cl) N O y a) yl M N L N O C L L 7 L ~ a) 7r ~� 0) O L L C C O C O C O X- "Or m 7 @ 70 C O I t: 7 O 7 O a cr,C C 0 C i I N C rn C rn C C .) C Y 1 ` —Y 1 U U N N L O m 6 O O O 7 7 m O m{ U U UCD m m a E a E a E a E a E ) a EI E a E a E a E a E 0) E a) E U m a) E a) E a) E ()' () Ei E a) E a) E a) E (D E J CD I`C U U U U U Uj U U U U U i C 7 C 7 O C 7 C 7 C 7 a) C C C 7 7 C 7 C 7 C 7 C 7 Q 0 U 0 U m 2 0 U 0 U 0 U 0 Z o 0 U U 0 U 0 U 0 U 0 U no N r c0 v m a) C 7 m V- C j m C O C O C C C = L E L c C O U `� 1 L aC N c U) c a m U m m m7 U 2 -- N! la ❑; Co O -� p -1) a) m N ❑ a) ❑ U d a `m a a) m a) a 4) a `m 1 a) a a `m a N a a) a `m a `m a d a a) a) d a a a E E E E E El E E E E E E E E E E () E a) E m E 0 o a) E m E a)I a) EI E a) E (D E a) E a) E a) E o m U cu a) E a) a) m E E E u C C C O O C C c C CCr C c , c C C c c C Cc C O O C c C C C 7 O 7 O 7 O @ O 77 O O 7l 7 OI O 7 O 7 O 7 O 7 O 7 O O O 7 O 7 7 7 O O O U U U 22 U U C) C-) U U U U U U U U U ( N CD O 4 E I 0 O O w ci U — N O a) E c C 7 0 U rn c o o I (U U m 0 o � m N 0 m 0 U m O _ N U E O 0) m O m t O v 0 LO �a m ❑ a) i cLi 0 E E N m N rn C _ a O_ C y U I O U t 2 E N a) W E O O U U U)H h N C ❑ R' 0) O �_ N C 7 _ a) m m ❑ a= 0 4) 0 O O U w U ca c a) g E Q 0 rn� �( O N U N rn m a) a) w a)ca U LL 0 a U CC c0 C N C I"_ W .0 .0 E .0 C C C U O O) c r 0 o O d a) a) j cc U U ❑ ❑ W W 2 �1f 0: m m m a m m U U U) U 00 W Z ❑ a w w M cocmn w o City of East Wenatchee ATTN: East Wenatchee City Council Board Members 271 9th St. NE East Wenatchee, WA 98802 November 14, 2014 Dear City Council Board Members, As you are aware the City of East Wenatchee appoints a member to the Greater Wenatchee Regional Events Center Public Facilities District Board which serves as • a governing body to the Town Toyota Center. Your representative, Mayor Steve Lacy, is currently serving a term that expires on December 31, 2014. The new term will begin on January 1, 2015 and will run for four years. Please take the steps to appoint a board member for the next term. If I can answer any questions please do not hesitate to ask. Sincerely, Mark Mill General Manager 1R2- -A-peoi n � P\&gor LAN 'v--'Io db-�i or\ • Board Meeting Minutes Greater Wenatchee Regional Events Center Public Facilities District 1300 Walla Walla Ave 1 Wenatchee, WA 98807 CITY OF 1EA,,ST�WENATCHTIEEI NICK A. GERDE, FINANCE DIRECTOR 271 91" S ritErT NE • EAS r WL• NA i ci-iEE, WA 98802 PHONE (509) 886-4507 • i•nx (509) 886-6109 January 13, 2015 To: Mayor and City Council Subject: Preliminary Financial Results for 2014 The City's books are still open to meet SAO guidelines, but close enough to closing to provide some preliminary financial results, as follows: Cash Position: $4,201,000 at the end of the year, $418,000 higher than the beginning of the year. The forecast ending cash balance was $3,180,000. 40 The primary differences were re -scheduling the French Street Improvement Project until 2015 and not yet closing the Gateway property purchase. Revenue for the year exceeded our forecasts. Total operational revenue was $8,682,000 compared to our forecast of $8,436,000. Key revenue areas included: Actual Budget Difference Sales Taxes $ 3,293;600 $3,200,000 $93,000 Local Criminal Justice 244,300 220,000 24,300 Utility Taxes 793,700 800,000 (6,300) Property Tax 1,581,600 1,583,000 (1,400) Real Estate Excise Tax 321,800 172,000 149,800 Street Fuel Excise Tax 275,400 283,000 (7,600) TBD Car Tab Fees 216,840 185,000 31,840 Hotel Motel Tax 134,100 128,000 6,100 Events Revenue 48,376 44,850 3,526 Operational Expenditures for 2014 totalled $7,465,500, compared to our spending budget of $7,977,200. Total payroll costs were $4,639,000, compared to our budget of $4,786,000. • I plan to complete closing the City's books for 2014 by the end of this week, at which time it will be posted on the City's website and distributed internally. Nick Gerde Finance Director 0 • • New event ideas - Sample language for print or radio ads, a work in progress The City of East Wenatchee is seeking ideas for possible new events to be held in the East Wenatchee area If you have an idea of an event that you would- a) be willing to staff, b) organize, c) and basically be in charge of then we invite you to contact the Events Office at city hall Those whose event ideas pass a screening by the events office would then be asked to present their proposed event idea to the cities Events Board If your event idea is approved and or selected, the city has funds available to help finance the event Key parts of your presentation would be. 1) showing how the businesses and citizens of the East Wenatchee area will benefit and 2) showing how your event would put heads in beds in the motels in our community. Interested persons are encouraged to contact Dan White, Events Coordinator for the City of East Wenatchee at. 509-886-6109 or e-mail him at dwhite@east-wenatchee.com • 0 • Professional Services Agreement Between The City of East Wenatchee And Columbia Valley Community Health (UBI 601108231) For Maintenance and Landscaping of 9th St. Garden 91h St. Garden Agreement Page 1 of 7 1. Parties. The Parties to this Professional Services Agreement ("Agreement") are the City of East Wenatchee and Columbia Valley Community Health ("CVCH"). 2. Duration of Agreement. The initial term of this Agreement begins on January 1, 2015 and ends on December 31, 2019. Unless either party gives written notice of its intention not to renew at least 180 days before the initial term ends, this agreement extends for additional one—year terms. 3. Either party may terminate this Agreement early. Upon giving a 30-day, written notice, either party may terminate this Agreement with or without cause. If either party terminates this Agreement without cause, the City will pay CVCH for work already completed on a prorated basis to termination date. 3.1. If this Agreement is terminated, CVCH agrees to cooperate reasonably with any service provider retained by the City in • making available information developed as the result of work by CVCH performed . 4. CVCH will provide initial restoration services. CVCH will provide initial restoration services, which will consist of cleaning up the garden and installing a drip irrigation system. 5. CVCH will provide maintenance and landscaping services for the City. CVCH will timely and reliably provide the following services for the City at the 9th St. Garden: 5.1. Maintain plants; 5.2. Maintain shrubs; 5.3. Prune trees; 5.4. Maintain grasses and groundcovers; 5.5. Divide and remove when necessary; 5.6. Abate weeds; 5.7. Remove weeds; 91h St. Garden Agreement Page 2 of 7 0 5.8. Advise city of any sprinkler problems; 5.9. Advise city of any waterfall issues; 5.10. Advise city when debris is in need of haul away; 5.11. Advise city of any tree/shrub replacement needs; 5.12. Remove debris from garden maintenance; and 5.13. Provide the City's Public Works Director with a schedule for routine plant maintenance. 6. City's responsibilities. The City agrees to perform the following services: 6.1. Removal of trash from cans throughout the year;Removal and replacement of trees (if necessary); 6.2. Startup irrigation system; 6.3. Replace any malfunctioning sprinklers, valves, timers; 6.4. Blow out irrigation system at end of season; 6.5. Maintain parking strip near garden; and 6.6. Reimburse CVCH up to $500 each year for the cost of mulch. 7. Compensation. 7.1. Amount. 7.1.1.The City will pay CVCH an amount not to exceed $1,000 for providing the services, equipment, and materials necessary to complete the work outlined in paragraph 4. 7.1.2.The City will pay CVCH $1,600 a year for performing the work outlined in paragraph 5. Except as set forth in paragraph 6.7, this amount is the full compensation for all work performed; for all services rendered; and for all labor, materials, supplies, and equipment, and incidentals necessary to complete the services in paragraph 5. 7.2. Corrections. CVCH will correct any errors in the completed work. CVCH is not entitled to additional compensation for making the required corrections. 91h St. Garden Agreement Page 3 of 7 7.3. Method of Payment. CVCH will submit a quarterly invoice for compensation, based on calendar quarters. 7.4. Invoices. CVCH must submit invoices to the following address: The City of East Wenatchee, 271 9th St. N.E., East Wenatchee, WA 98802 Attention: Teresa Allen. 7.5. Taxes. CVCH will pay all taxes related to payments received from the City, including federal income taxes, self- employment (social security and Medicaid) taxes and state business and occupation taxes. The City is not responsible for withholding for or paying any tax owed by CVCH. 8. Disputed work. If the City believes in good faith that some portion of work has not been completed satisfactorily, the City may request that CVCH correct the work before the City pays for such work. The City must reasonably explain to CVCH its concern over the work and the remedy that the City expects from CVCH. The City may withhold from any payment otherwise due an amount under dispute. Also, if CVCH does not provide a sufficient remedy, the City may retain the amount it costs the City to correct or remedy the work that CVCH • did not properly complete. 9. Affirmative Representations by CVCH. CVCH represents and warrants that: 9.1. It has the requisite training, skill and experience necessary to provide the services identified in Paragraph 5. 9.2. It is appropriately accredited and licensed by all agencies and governmental entities. 9.3. It offered no gift, gratuity, loan, trip, favor, special discount, work, or anything of economic value to any City employee or City official to obtain this Agreement. 9.4. It will strictly adhere to the statutes and ordinances in contracting and purchasing, including the City Ethics Code, RCW 42.23 (Code of Ethics for Municipal Officers) and RCW 42.52 (Ethics in Public Service). 9.5. It has no business interest or close family relationship with any City official or employee. No one employed by CVCH has a business interest or close family relationship with any City official or employee. 91h St. Garden Agreement Page 4 of 7 0 10. The City will monitor and evaluate CVCH's performance. Subject to oversight by the Mayor or the Mayor's designee, CVCH may control and direct the work identified in Paragraph 5. The City reserves the right to inspect, review and approve the work done to assure that it has been completed as specified, before payment. CVCH must cooperate with and freely participate in any monitoring or evaluation activities conducted by the City. 11. CVCH is an independent contractor. This Agreement creates an independent contractor relationship between the parties. CVCH and its employees or agents performing under this Agreement are not employees or agents of the City. CVCH will not hold itself out as or claim to be an officer or employee of the City, nor will CVCH make any claim of right, privilege or benefits which would accrue to such officer or employee under law. The Parties recognize that CVCH may perform professional services during the term of this Agreement for other parties. 12. Indemnification. • To extent allowed by law, CVCH agrees to indemnify and hold harmless the City. CVCH releases and must defend, indemnify and hold harmless the City, its elected officials, officers, employees, agents and volunteers for all claims, demands, losses, negligent acts or omissions, and liabilities (including costs and all attorney's fees) to or by all persons and entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of CVCH, its partners, shareholders, agents, employees, or by the CVCH's breach of this Agreement. To the maximum extent permitted by applicable law, this must apply. However, this will not require CVCH to indemnify the City against any liability for damages arising out of bodily injury or property damages caused by or resulting from negligence of the City. The City will protect, defend and indemnify and save harmless the CVCH, its representatives and other employees all costs, claims, judgments or awards of damages arising out of the negligent acts or omissions of the City, its officers or employees. Further, with concurrent negligence of CVCH and the City each party will be required to indemnify the other only to the extent of the negligence of the party. 91h St. Garden Agreement Page 5 of 7 13. CVCH agrees comply with applicable federal and state laws. CVCH must comply with all federal, state, and local nondiscrimination laws, regulations and policies. These laws include, but are not limited to: The U.S. Department of Transportation's policies against discrimination, Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964; Section 109 of the Housing and Community Development Act of 1974, Age Discrimination Act of 1975, Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973 Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, Section 3 of the Housing and Community Development Act of 1968; Executive Orders 11625, 12432, and 12138. 13.1. If CVCH fails to comply with any federal or state law, regulation or policy, the City may withhold payments to CVCH under the Agreement until CVCH complies or cancel, terminate, or suspend the Agreement, in whole or in part. 13.2. The City will give CVCH 30 days to cure any noncompliance. 14. Dispute Resolution. The venue for any legal dispute regarding this Agreement is Douglas County District Court. 15. General Provisions. 15.1. Attorney's Fees. If any legal action or other proceeding is brought to enforce this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with this Agreement, each party will bear their own attorney's fees, expert witness fees, filing fees, arbitrator fees, or other costs incurred in that action, arbitration, or proceeding. 15.2. Authority. Each individual executing this Agreement for the City and for CVCH represents and warrants that such individuals are duly authorized to execute and deliver this Agreement for CVCH or for the City. 15.3. Binding Effect. The provisions, covenants, and conditions in this Agreement apply to bind the parties, their legal heirs, representatives, successors, and assigns. 15.4. Civil Rights. CVCH agrees to comply with all local, state, and federal civil rights laws. These laws include, but are not • limited to: Washington's Law Against Discrimination, Title VI of 91h St. Garden Agreement Page 6 of 7 the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 193, the Americans with Disabilities Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107, and 12086. 15.5. Full Agreement. This Agreement forms all of the covenants, promises, agreements and conditions, between the parties. 15.6. Performance. Time is of the essence of this Agreement in each and all of its provisions in which performance is a factor. 15.7. Personal Liability. The parties agree that no official, employee, or agent of the City may be held liable or responsible for any breach of this Agreement. 16. Washington law governs this Agreement. The laws of the State of Washington govern the interpretation, construction, and enforcement of this Agreement. 7 • City of East Wenatc e' CVCH Steven C. Lacy, Mayo Patrick Bucknum, CEO Date: 12— 4/7 Date: December 17, 2014 • ATTEST: City Clerk 9"' St. Garden Agreement Page 7 of 7 COUNCIL AGENDA BILL # PRESENTER: POSITION: 15-01-02 Lori Barnett Director CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL AGENDA ITEM # AGENDA DATE: DEPARTMENT 5 January 13, 2015 Community Development TITLE: Public Hearing to obtain citizen comments regarding the 2013 Consolidated Annual Performance and Evaluation Report BACKGROUND/ HISTORY: The City of East Wenatchee receives federal Community Development Block Grant (CDBG) funds on an annual basis from the office of Housing and Urban Development (HUD) Within 90 days of the end of each program year, a Consolidated Annual Performance and Evaluation Report (CAPER) must be prepared, reviewed by the public, and submitted to HUD Federal rules require that a public hearing be held prior to the approval of the CAPER EXHIBITS: 1 Notice of Availability and Notice of Public Hearing published on December 5, 2014 2. Notice of Revised Meeting Date published on January 2 ,2015 RECOMMENDED ACTION: Hold the 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: Second By Councilmember Raab Councilmember Buckner Councilmember Detering Mayor Lacy (in case of tie) • SIGN IN ONLY IF YOU WISH TO MAKE COMMENTS DURING THE PUBLIC HEARING A PUBLIC HEARING to receive comments regarding the draft 2013 Consolidated Annual Performance and Evaluation Report (CAPER). The draft CAPER describes how the City used Community Development Block Grant program funds during the 2013 program year. PRINT NAME SIGNATURE January 13, 2015 ADDRESS 1 2 3 4 M 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 41 - 24 25 Agenda Bill Exhibit 1 • THE WENATCHEE WORLD, WENATCHEE, WASHINGTON AFFIDAVIT OF PUBLICATION STATE OF WASHINGTON COUNTY OF CHELAN TERESAALLEN CITY OF EAST WENATCHEE 271 9TH ST EAST WENATCHEE, WA 98802 REFERENCE INFORMATION - Account # 104418 Ticket # 286243 Tag Line: 2013 CONSOLIDATED ANNUAL PERFOR- MANCE The Wenatchee World is a legal newspaper published in Chelan County, Washington, and approved as such by the Superior Court of said County and State. Serving the counties of Chelan, Douglas, Grant & Okanogan. PUBLISHED ON: Wenatchee World 12/05/14 2013 CONSOLIDATED ANNUAL PERFORMANCE & EVALUATION REPORT NOTICE OF AVAILABILITY AND NOTICE OF PUBLIC HEARING NOTICE OF AVAILABILITY Residents of East Wenatchee and other interested parties are Invited to comment on the draft 2013 Consolidated Annual Performance and Evaluation Report (CAPER) The draft 2013 CAPER describes how the city used the Community Development Block Grant program funds during the 2013 program year All wntten comments must be received by January 5, 2015 Comments may be addressed to Lon Barnett, City of East Wenatchee, 271 9th Street NE, East Wenatchee, WA 98802, e-mail, Ibamett@east-wenatchee.com NOTICE OF PUBLIC HEARING Notice is hereby given that the East Wenatchee City Council will conduct a public hearing to receive citizen Comments on the draft CAPER at their regular meeting beglnning at 630 PM on January 9, 2015 In the East Wenatchee City Hall Council Chambers, at 271 9th St NE, East Wenatchee, Washington The City encourages all persons to participate If special assistance Is required to participate In the hearing, Including language interpretations, requests must be made to the City Clerk at least 3 working days prior to the hearing date The draft document may be reviewed at the East Wenatchee Community Development Department during regular business hours or on the City's web page at Community Development Department- Community Development Block Grant Program page at www.east-wenatChee.com. To request copies In an alternate format, contact Lon Barnett at 509 884 5396. 201.3 CONSOLIOADO AN UAL & EVALUACION INFORME AVISO DE DISPONIBILIDAD Y AVISO DE AUDIENCIA POOLICA Awso de disponiblhdad Los resIdentes de East Wenatchee y otras partes Interesadas estan invitados a comentar sobre el proyecto 2013 desempeno anuel consolldado a informs de eveluao16n (CAPER) El proyecto 2013 alcaparra descnbe c6mo Is Ciudad utilize los fondos del programs de desarrollo comunitarlo Black Grant durante el ario 2013 Todos los comentarlos deben recibuse an 05 de enero de 2015 Comentanos pueden dlnorse a Lori Bamett, cludad de East Wenatchee, 271 9th Street NE, East Wenatchee, WA 98802, e-mail Ibamett@east-wenatchee com Avlso de audiencia pGblice Avlso queda teniendo en cuenta qua el Conce)o Municipal de East Wenatchee realizarA una audiencia publica pare recibir comentanos del ciudadano sobre el prcyscto de alcaparra su principio de Is sesi6n ordinarla an 1830 a 09 do enero de 2015 an las c3maras Conse)o East Wenatchee City Hall, an 271 9th ST NE, East Wenatchee, Washington La cludad alienta a todas las personas a particlpar Si se requlere asistencis especial pare participar an Is audiencia, incluyendo lenguale Interpretatio `0 t%111111111.,I or �.7 TOTAL COST. $182.56 : ;A 2 Subscribed and sworn to before me on 12/04/14 �'�,4. .Gaul ......:''p���� Notary Public i nd for a State of Washington, residing in Wenatchee • 0 r,yvl iva U1 L.'nun e- Send Bill and Affidavit of Publication To: Teresa Allen From: City of East Wenatchee 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: 12/31 /14 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: January 2, 2015 Ix PLEASE CONFIRM RECEIPT OF THIS E-MAIL REVISED MEETING DATE 2013 CONSOLIDATED ANNUAL PERFORMANCE & EVALUATION REPORT NOTICE OF AVAILABILITY AND NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Notice is hereby given that the East Wenatchee City Council will conduct a public hearing to receive citizen comments on the draft CAPER at their regular meeting beginning at 6:30 PM on January 13, 2015 in the East Wenatchee City Hall Council Chambers, at 271 9th St. NE, East Wenatchee, Washington The City encourages all persons to participate If special assistance is required to participate in the heanng, including language interpretations, requests must be made to the City Clerk at least 3 working days prior to the hearing date. FECHA REUNION REVISADO 2013 consolidado anual & evaluac16n Informe aviso de disponibilidad y aviso de audiencia publica Aviso de audiencia publica: Aviso queda teniendo en cuenta que el Concelo Municipal de East Wenatchee realizarfi una audiencia publica para recibir comentanos del ciudadano sobre el proyecto de alcaparra su principio de la ses16n ordinaria en 18:30 a 13 de enero de 2015 en las camaras Consejo East Wenatchee City Hall, en 271 9th ST NE, East Wenatchee, Washington. La ciudad alienta a todas las personas a participar. Si se requiere asistencia especial para participar en la audiencia, incluyendo lenguaje interpretatio • COUNCIL AGENDA BILL * 15-01-03 PRESENTER: Lori Barnett TITLE Director CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL AGENDA ITEM # AGENDA DATE: DEPARTMENT: 0 January 13, 2015 Community Development TITLE: An Ordinance of the City of East Wenatchee extending the interim regulations adopted with the passage of Ordinance 2014-01 pursuant to RCW 35A 63.220 and RCW 36 70A 390 for an additional six months while the City considers and drafts permanent regulatory controls; prohibiting medical cannabis collective gardens in all zoning districts of the city, permitting the production, processing and/or retailing of marijuana as regulated pursuant to Washington State Initiative No. 502 in certain commercial zoning districts; providing for severabilit ; declaring an emergency, and establishing an effective date BACKGROUND/HISTORY: The Interim Ordinance was adopted on February 11, 2014 with an expiration date of August 11, 2014. The ordinance established requirements for recreational marijuana facilities and prohibited medical marijuana collective gardens. On July 22, 2014, the City Council adopted Ordinance 2014-05 to extend the interim regulations for an additional 6-month period which terminates on January 22, 2015. The proposed ordinance will extend the existing interim regulations until July 22, 2015 to give the City more time to work on permanent regulations The planning commission will be starting work on permanent regulations at their January 20, 2015 meeting. There are several aspects of these regulations that the Council may wish to consider and discuss to provide some direction to the planning commission 1. The list of land uses requiring a 1,000 foot buffer. The current list includes: a. Elementary or secondary school; b Playground; c Recreation center or facility, d Child care center; only entities licensed by the Washington state department of early learning e. Public park; only public facilities owned and/or managed by a city, county, state, federal government, or metropolitan park district. Public park does not include trails f Public transit center, g Library; or h. Any game arcade (where admission is not restricted to persons age twenty-one or older. Some cities have adopted regulations requiring a minimum separation or buffer between marijuana related businesses and have expanded the list of buffered uses. Wenatchee's regulations added child day care centers that are not licensed by Washington State, places of worship, parks owned or managed by a public utility district to the list of facilities requiring a buffer, and a separation of 1,000 feet between marijuana retailers. 2 What to do with regards to medical cannabis/marijuana RCW Washington State Medical Use of Cannabis Act allows collective gardens where qualifying patients may work together to grow up to 15 plants per patient with an upper limit of 45 plants The provisions of the act that related to medical marijuana dispensaries were vetoed so they are not legal under state law. The city's interim regulations prohibit collective gardens. On March 31, 2014, the state court of appeals issued its decision on the legal challenge filed against the City of Kent's prohibition of �i C • collective gardens. The appellate court upheld Kent's prohibition, ruling that collective gardens are not legal under Washington's current law The court's decision was based upon ex - Governor Gregoire's extensive veto of many sections of the Washington State Medical Use of Cannabis Act (ESSSB 5073) The court agreed with the Kent's contention that the amended Act "did not legalize collective gardens because collective gardens would only have been legalized in circumstances wherein the participating patients were duly registered, and the registry does not exist" as a result of the governor's veto The decision was appealed to the Supreme Court Oral arguments are scheduled for late in February. According to MRSC, 19 jurisdictions allow collective gardens and 11 prohibit or ban collective gardens Wenatchee's regulations are silent with regards to medical marijuana. EXHIBITS: 1. Ordinance 2015-03 extending the interim regulations 2. Ordinance 2014-01 interim regulations RECOMMENDED ACTION: Staff respectfully request that the ordinance be elevated to second reading and adopted. FINANCIAL DATA: Expenditure Required Amount Budgeted Appropriation Required $N/A $ N/A $ N/A ACTION TAKEN: NvW of ewA)a_\" `r" ­�n'�"`h'v� -6- Motion Made By: he4er (n, Second By: J0 hr% S 0 Councilmember Collings Councilmember Raab Councilmember Johnson Councilmember McCourt Councilmember Barnhart Passed: bID Failed: Councilmember Buckner Councilmember Detering Mayor Lacy (in case of tie) P� • SIGN IN ONLY IF YOU WISH TO MAKE COMMENTS DURING THE PUBLIC HEARING A PUBLIC HEARING to receive comments regarding extending the iterim regulations on marijuana businesses. January 13, 2015 PRINT NAME SIGNATURE ADDRESS 1Vw- 2 Vti vl tee( O"', 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 Agenda Bill - Exhibit 1 City of East Wenatchee, Washington Ordinance No. 2015-03 An Ordinance of the City of East Wenatchee extending the interim regulations adopted with the passage of Ordinance 2014-01 pursuant to RCW 35A.63.220 and RCW 36.70A.390 for an additional six months while the City considers and drafts permanent regulatory controls; prohibiting medical cannabis collective gardens in all zoning districts of the city; permitting the production, processing and/or retailing of marijuana as regulated pursuant to Washington State Initiative No. 502 in certain commercial zoning districts; providing for severability; declaring an emergency; and establishing an effective date. 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 establishing and amending Chapter 69.51A RCW, the Washington State 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. 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. 1.4. I-502 requires the Washington State Liquor Control Board ("LCB") to adopt rules establishing the procedures and criteria for the licensing and operation of marijuana producers, processors and retailers by December 31, 2013. 1.5. The LCB re -filed its proposed rules regulating recreational marijuana uses on September 4, 2013, and adopted the proposed rules on October 16, 2013. 1.6. The LCB allocated 1 recreational marijuana retail license for the City of East Wenatchee and ther8 are no limits on the number or recreational marijuana producer and processer licenses that may be issued. City of East Wenatchee Ordinance 2015-03 Page 1 of 5 Agenda Bill - Exhibit 1 1.7. The LCB rule became effective on November 16, 2013 and the deadline for license applications was December 20, 2013. 8. 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. Additional time is required to prepare permanent zoning and other regulations addressing marijuana related uses. 1.9. Marijuana is still classified as a Schedule I controlled substance under federal law and crimes related to marijuana remain subject to prosecution under federal law 1.10. On August 29, 2013, the United States Department of Justice, Office of the Attorney General, ("DOJ") released updated guidance regarding marijuana enforcement. The guidance reiterates that DOJ is committed to using its limited investigative and prosecutorial resources to address the most significant threats to public safety related to marijuana crimes in "the most effective, consistent, and rational way." The guidance directs federal prosecutors to review potential marijuana -related charges on a case -by -case basis and weigh all information and evidence, including whether the operation is demonstrably in compliance with a strong and effective state regulatory system and if the conduct at issue implicates one or more of the eight stated federal enforcement priorities. The DOJ appears to not differentiate application of the guidance between medical cannabis and recreational marijuana. 1.11. The DOJ may change its August 29, 2013 guidance at anytime and without notice. Currently, federal law conflicts with state law set forth in I- 502. The DOJ has discretionary authority to enforce federal law at any time. 1.12. The production, processing, and retailing of marijuana remains in violation of the federal CSA, the City Council wishes to acknowledge the will of the City and State voters and the authority exercised by the state of Washington and the State Liquor Control Board to license such facilities, leaving all issues relating to the legality, licensing, siting and permitting of such facilities to be determined by the federal and state governments in the exercise of their lawful authority, as finally determined by a court of appropriate jurisdiction. 1.13. On February 11, 2014, the City Council adopted Ordinance 2014-01 establishing interim regulations on marijuana related uses for a period of six months prohibiting medical cannabis collective gardens in all zoning districts of the city; and permitting the production, processing and/or retailing of marijuana as regulated pursuant to Washington State Initiative No. 502 in certain commercial zoning districts. The interim regulations adopted in Ordinance 2014-01 had an expiration date of August 22, 2014. City of East Wenatchee Ordinance 2015-03 Page 2 of 5 Agenda Bill - Exhibit 1 1.14. On July 22, 2014, the City Council adopted Ordinance 2014-05 extending the interim regulations adopted in Ordinance 2014-01 on marijuana related uses for an additional six month period due to expire on January 22, 2015. 1.15. The LCB continues to issue new and amended regulations pertaining to recreational marijuana businesses. 1.16. The City Council deems it in the public interest to extend the existing interim regulations advising the public where recreational marijuana producers, processors, and retail uses may be located in the City of East Wenatchee. 1.17. The extension of interim regulations for an additional six months in duration will allow the City more time to draft and consider development standards applicable to recreational marijuana uses, hold public hearings, and adopt permanent zoning and other regulatory controls related to marijuana related uses. 1.18. The potential adverse impacts upon the public safety, welfare, and peace, as outlined herein, justify the declaration of an emergency supporting the extension of the interim regulations adopted in Ordinance 2014-01. 2. Authority. 2.1. 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. 2.2. RCW 35A.63.220 and RCW 36.70A.390 authorize the City Council to adopt moratoriums and interim ordinances. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: 3. Interim regulations extended. The interim regulations adopted in Ordinance 2014-01 will remain in effect until July 22, 2015 or until the City adopts permanent regulations pertaining to marijuana related businesses. 4. Recitals Adopted as Findings of Fact. The City Council adopts the above recitals as its findings of fact in support of this ordinance. The Council may adopt additional findings in the event that additional public hearings are held or evidence is presented to the City Council. 5. 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. 6. 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. 7. Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70A.390, the City Council held a public hearing on this ordinance on January 1, 2015, for the City of East Wenatchee Ordinance 2015-03 Page 3 of 5 Agenda Bill - Exhibit 1 • • purpose of providing an opportunity for public comment and testimony regarding this ordinance. If a period of more than six months is required to complete consideration of any changes to city codes, the Council may adopt additional extensions after any required public hearing, pursuant to RCW 35A.63.220 and RCW 36.70A.390. 8. Declaration of Emergency. The City Council hereby finds and declares that a public emergency exists and that this ordinance is a public emergency ordinance necessary for the protection of the public health and safety and should, therefore, take effect upon adoption. The facts upon which this public emergency is based include all recitals contained in this ordinance as well as those facts included in the legislative record. 9. Effective Date This Ordinance shall be effective immediately upon adoption, and shall remain effective for a period of six months unless terminated earlier or subsequently extended by the City Council. PROVIDED, that the City Council may, in its sole discretion, renew the interim zoning regulations set forth herein for one or more six month periods in accordance with state law. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this 13th day of January, 2015. CITY OF EAST WENATCHEE, WASHINGTON By Steven C. Lacy, Mayor AUTHENTICATED: 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: isCity of East Wenatchee Ordinance 2015-03 Page 4 of 5 Agenda Bill - Exhibit 1 . Summary of Ordinance No. 2015-03 0 Of the City of East Wenatchee, Washington On the day of , 2015, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2015-03, the main point of which may be summarized by its title as follows: An Ordinance of the City of East Wenatchee extending the interim regulations adopted with the passage of Ordinance 2014-01 pursuant to RCW 35A.63.220 and RCW 36.70A.390 for an additional six months while the City considers and drafts permanent regulatory controls; prohibiting medical cannabis collective gardens in all zoning districts of the city; permitting the production, processing and/or retailing of marijuana as regulated pursuant to Washington State Initiative No. 502 in certain commercial zoning districts; providing for severability; declaring an emergency; and establishing an effective date. Upon request, the City will mail a full text of this Ordinance. Dated this day of , 2015. Dana Barnard, City Clerk City of East Wenatchee Ordinance 2015-03 Page 5 of 5 Agenda Bill - Exhibit 2 • City of East Wenatchee, Washington Ordinance No. 2014-01 An Ordinance of the City of East Wenatchee adopting interim regulations pursuant to RCW 35A.63.220 and RCW 36.70A.390; adopting regulations on marijuana related uses for a period of six months while the City considers and drafts permanent regulatory controls; prohibiting medical cannabis collective gardens in all zoning districts of the city; permitting the production, processing and/or retailing of marijuana as regulated pursuant to Washington State Initiative No. 502 in certain commercial zoning districts; repealing Ordinance No. 2013-06; entering legislative findings; providing for severability; declaring an emergency; and establishing an effective date. 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 establishing and amending Chapter 69.51A RCW, the Washington State 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. 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. 1.4.I-502 requires the Washington State Liquor Control Board ("LCB") to adopt rules establishing the procedures and criteria for the licensing and operation of marijuana producers, processors and retailers by December 31, 2013. 1.5. The LCB re -filed its proposed rules regulating recreational marijuana uses on September 4, 2013, and adopted the proposed rules on October 16, 2013. City of East Wenatchee Ordinance 2014-01 Page 1 of 9 Agenda Bill - Exhibit 2 • 1.6. The LCB allocated 1 recreational marijuana retail license for the City of East Wenatchee and there are no limits on the number or recreational marijuana producer and processer licenses that may be issued. 1.7. The LCB rule became effective on November 16, 2013 and the deadline for license applications was December 20, 2013. 1.8. 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. Additional time is required to prepare permanent zoning and other regulations addressing marijuana related uses. 1.9. Marijuana is still classified as a Schedule I controlled substance under federal law and crimes related to marijuana remain subject to prosecution under federal law 1.10. On August 29, 2013, the United States Department of Justice, Office of the Attorney General, ("DOJ") released updated guidance regarding marijuana enforcement. The guidance reiterates that DOJ is committed to using its limited investigative and prosecutorial resources to address the most significant threats to public safety related to marijuana crimes in "the most effective, consistent, and rational way." The guidance directs federal prosecutors to review potential marijuana -related charges on a case -by -case basis and weigh all information and evidence, including whether the operation is demonstrably in compliance with a strong and effective state regulatory system and if the conduct at issue implicates one or more of the eight stated federal enforcement priorities. The DOJ appears to not differentiate application of the guidance between medical cannabis and recreational marijuana. 1.11. The DOJ may change its August 29, 2013 guidance at anytime and without notice. Currently, federal law conflicts with state law set forth in I- 502. The DOJ has discretionary authority to enforce federal law at any time. 1.12. The production, processing, and retailing of marijuana remains in violation of the federal CSA, the City Council wishes to acknowledge the will of the City and State voters and the authority exercised by the state of Washington and the State Liquor Control Board to license such facilities, leaving all issues relating to the legality, licensing, siting and permitting of such facilities to be determined by the federal and state governments in the exercise of their lawful authority, as finally determined by a court of appropriate jurisdiction. 1.13. The City Council deems it in the public interest to replace the existing moratorium with the establishment of interim regulations advising the ispublic where recreational marijuana producers, processors, and retail uses City of East Wenatchee Ordinance 2014-01 Page 2 of 9 Agenda Bill - Exhibit 2 • may be located in the City of East Wenatchee before any licenses are issued by the LCB. 14. The establishment of interim regulations of six months in duration will allow the City more time to draft and consider development standards applicable to recreational marijuana uses, hold public hearings, and adopt permanent zoning and other regulatory controls related to marijuana related uses. 15. The potential adverse impacts upon the public safety, welfare, and peace, as outlined herein, justify the declaration of an emergency supporting the adoption of this interim regulation. 2. Authority. 2.1. 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. 2.2. RCW 35A.63.220 and RCW 36.70A.390 authorize the City Council to adopt moratoriums and interim ordinances. 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 rset forth below and in RCW 69.50.101 and RCW 69.51A: 3.1. "Child care center" means an entity that regularly provides child day care and early learning services for a group of children for periods of less than twenty-four hours licensed by the Washington state department of early learning under chapter 170-295 WAC. 3.2. "Collective garden" means the growing, production, processing, transportation, and delivery of cannabis (i.e. marijuana), by qualifying patients for medical use, as set forth in Chapter 69.51A RCW. 3.3. "Elementary school" means a school for early education that provides the first four to eight years of basic education and recognized by the Washington state superintendent of public instruction. 3.4. "Game arcade" means an entertainment venue featuring primarily video games, simulators, and/or other amusement devices where persons under twenty-one years of age are not restricted. 3.5. "Library" means an organized collection of resources made accessible to the public for reference or borrowing supported with money derived from taxation. 3.6. "Marijuana" or "marijuana" 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 City of East Wenatchee Ordinance 2014-01 Page 3 of 9 Agenda Bill - Exhibit 2 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. 3.7. "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. 3.8. "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. 3.9. "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. 3.10. "Marijuana retailer" means a person licensed by the state liquor control board to sell useable marijuana and marijuana -infused products in a retail • outlet. 3.11. "Perimeter" means a property line that encloses an area. 3.12. "Playground" means a public outdoor recreation area for children, usually equipped with swings, slides, and other playground equipment, owned and/or managed by a city, county, state, or federal government. 3.13. "Public park" means an area of land for the enjoyment of the public, having facilities for rest and/or recreation, such as a baseball diamond or basketball court, owned and/or managed by a city, county, state, federal government, or metropolitan park district. Public park does not include trails. 3.14. "Public transit center" means a facility located outside of the public right of way that is owned and managed by a transit agency or city, county, state, or federal government for the express purpose of staging people and vehicles where several bus or other transit routes converge. They serve as efficient hubs to allow bus riders from various locations to assemble at a central point to take advantage of express trips or other route to route transfers. 3.15. "Recreation center or facility" means a supervised center that provides a broad range of activities and events intended primarily for use by persons under twenty-one years of age, owned and/or managed by a charitable nonprofit organization, city, county, state, or federal government. isCity of East Wenatchee Ordinance 2014-01 Page 4 of 9 Agenda Bill - Exhibit 2 3.16. "Residential dwelling unit" means a building or portion thereof designed exclusively for a residential occupancy including one -family, two-family, three-family and multifamily dwellings. 3.17. "Secondary school' means a high and/or middle school: A school for students who have completed their primary education, usually attended by children in grades seven to twelve and recognized by the Washington state superintendent of public instruction. 4. Medical cannabis collective gardens - Prohibited. Collective gardens as defined in RCW 69.51A.085 are prohibited in all zoning districts within the city of East Wenatchee. As authorized by RCW 35A.82.020, the City will not issue a business license to any person operating or proposing to operate a collective garden. 5. State -licensed marijuana facilities. The production, processing and retailing of marijuana is and remains illegal under federal law. Nothing herein or as provided elsewhere in the ordinances of the city of East Wenatchee is an authorization to circumvent federal law or provide permission to any person or entity to violate federal law. Only state -licensed marijuana producers, marijuana processors, and marijuana retailers may locate in the city of East Wenatchee and then only pursuant to a license issued by the state of Washington. The purpose of these provisions is solely to acknowledge the enactment by Washington voters of Initiative 502 and a state licensing procedure and to permit to, but only to, the extent required by state law marijuana producers, marijuana processors, and marijuana retailers to operate in designated zones of the city: 5.1. Marijuana processor, Marijuana producer, and Marijuana retailer may be permitted to operate only within the General Commercial (G-C) Zoning District. Such facilities and uses may be located only at the designated sites licensed by the state of Washington and fully conforming to state laws. 5.2. Marijuana retailer may be permitted to operate only within the General Commercial (G-C) and the Central Business District (CBD) Zoning Districts. Such facilities and uses may be located only at the designated sites licensed by the state of Washington and fully conforming to state law. 5.3. No Marijuana processor, producer, and retailer may be operated in any residential, neighborhood commercial or mixed -use zoning district. 5.4. No Marijuana processor, producer, and retailer may locate within any residential dwelling unit in the City. 5.5. All signage and advertising for a Marijuana processor, producer, and retailer must comply with City Codes and WAC 314-55-155. 5.6. No recreational marijuana producer, processor or retail outlet may locate within 1,000 feet of the perimeter of the grounds of any of the following is entities. The distance shall be measured as the shortest straight line City of East Wenatchee Ordinance 2014-01 Page 5 of 9 Agenda Bill - Exhibit 2 • distance from the property line of the proposed building/business location to the property line of the entities listed below: 5.6.1. Elementary or secondary school; 5.6.2. Playground; 5.6.3. Recreation center or facility; 5.6.4. Child care center; 5.6.5. Public park; 5.6.6. Public transit center; 5.6.7. Library; or 5.6.8. Any game arcade (where admission is not restricted to persons age twenty-one or older. 5.7. A valid, current license is required from the Washington State Liquor Control Board for operation of any recreational marijuana, producer, processor or retail outlet. A copy of this license shall be submitted to the City as part of the application for a business license required by Section 5.9 below 5.8. Sufficient measures and means of preventing smoke, odors, debris, dust, fluids and other substances from exiting the recreational marijuana business must be in effect at all times. In the event that any odors, dust, fluids or other substances exit a recreational marijuana business, the owner of the subject premises and the licensee shall be jointly and severally liable for such conditions and shall be responsible for the immediate, full clean-up and correction of such condition. The licensee shall properly dispose of all such materials, items and other substances in a safe, sanitary and secure manner and in accordance with all applicable federal, state and local laws and regulations. 5.9. A Marijuana processor, producer, and retailer must obtain a City Business License. The issuance of a City Business License does not grant any special authority for the production, processing or sale of marijuana. The issuance of a City Business License does not grant any special privilege to violate federal law. Obtaining a City Business License does not provide a licensee with any affirmative defense to a violation of federal law. By accepting a license issued pursuant to this Ordinance, the licensee waives and releases the City, its officers, elected officials, employees, volunteers and agents from any liability for injuries, damages, or liabilities of any kind that result from any arrest or prosecution of business owners, operators, employees, clients or customers for a violation of federal, state or local laws and regulations. 6. Refer for Review to Planning Commission. The interim regulations adopted by this ordinance will remain in effect for a period of six months from City of East Wenatchee Ordinance 2014-01 Page 6 of 9 Agenda Bill - Exhibit 2 the date this ordinance is adopted unless permanent regulations are adopted sooner, or unless the interim regulations are extended pursuant to RCW 36.70A.390 and RCW 36.63A.220. The East Wenatchee Planning Commission is directed to develop a recommendation for permanent regulations governing marijuana -related uses in prior to the expiration of the interim regulations established by this ordinance. 7. Recitals Adopted as Findings of Fact. The City Council adopts the above recitals as its findings of fact in support of this ordinance. The Council may adopt additional findings in the event that additional public hearings are held or evidence is presented to the City Council. 8. Transmittal. As required by RCW 36.70A.106, the City Council directs the Community Development Director to transmit this interim Ordinance to the Washington State Department of Commerce. 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. Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70A.390, the City • Council must hold a public hearing on this ordinance within 60 days of its adoption, so as to hear and consider public comment and testimony regarding this ordinance. Following the hearing, the City Council may adopt additional findings of fact. If a period of more than six months is required to complete consideration of any changes to city codes, the Council may adopt additional extensions after any required public hearing, pursuant to RCW 35A.63.220 and RCW 36.70A.390. 12.Declaration of Emergency. The City Council hereby finds and declares that a public emergency exists and that this ordinance is a public emergency ordinance necessary for the protection of the public health and safety and should, therefore, take effect upon adoption. The facts upon which this public emergency is based include all recitals contained in this ordinance as well as those facts included in the legislative record. 13. Effective Date This Ordinance shall be effective immediately upon adoption, and shall remain effective for a period of six months unless terminated earlier or subsequently extended by the City Council. PROVIDED, that the City Council may, in its sole discretion, renew the interim zoning regulations set forth herein for one or more six month periods in accordance with state law. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this 1 lth day of February, 2014. City of East Wenatchee Ordinance 2014-01 Page 7 of 9 Agenda Bill - Exhibit 2 CITY OF EAST By Steve a. ATTEST: TCHEE, W I blzcot� &Ailt� Dana Barnard, City Clerk Approved as to form only: 49'z�- � Devin Poulson, i1fity Attorney Filed with the City Clerk: 1/9/20 4 Passed by the City Council: I l l Published: l 4 11 q Effective Date. I Li • City of East Wenatchee Ordinance 2014-01 Page 8 of 9 Agenda Bill - Exhibit 2 • Summary of Ordinance No. 2014-01 Of the City of East Wenatchee, Washington On the I1'4rA day of r , 2014, the City Council of the City of East Wenatchee, Washington app ved Ordinance No. 2014-01, the main point of which may be summarized by its title as follows: An Ordinance of the City of East Wenatchee adopting interim regulations pursuant to RCW 35A.63.220 and RCW 36.70A.390; adopting regulations on marijuana related uses for a period of six months while the City considers and drafts permanent regulatory controls; prohibiting medical cannabis collective gardens in all zoning districts of the city; permitting the production, processing and/or retailing of marijuana as regulated pursuant to Washington State Initiative No. 502 in certain commercial zoning districts; repealing Ordinance No. 2013-06; entering legislative findings; providing for severability; declaring an emergency; and establishing an effective date. Upon request, the City will mail a full text of this Ordinance. Dated this _ day of , 2014. /MM/�[_� ► /I_ h • City of East Wenatchee Ordinance 2014-01 Page 9 of 9 0 0 COUNCIL AGENDA BILL # PRESENTER: POSITION: 15-01-04 Devin Poulson City Attorney CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL AGENDA ITEM # AGENDA DATE: DEPARTMENT. 7 January 13, 2015 Legal Title: An Ordinance of the City of East Wenatchee redefining the meaning of "civil infraction" by amending Section 1.20.040 of the East Wenatchee Municipal Code. History: State law recognizes four classes of civil infractions. Because of this some of the penalties set forth in the City's code are incompatible with state law. The proposed amendment will make the City's code compatible with state law. Exhibits: Ordinance 2015-01 Recommended Elevate to second reading. Motion to approve the Action: amendment. FINANCIAL DATA: Expenditure Required Amount Budgeted Appropriation Required $0 $0 $0 ACTION TAKEN: -' " - ' _jvh'INS on Motion Made By: Councilmember Collings Councilmember Johnson Councilmember McCourt Councilmember Barnhart Passed: b l C) Failed. Second By f✓ ° 5 5 Councilmember Raab Councilmember Buckner Councilmember Detering Mayor Lacy (in case of tie) Page 1 of 1 City of East Wenatchee, Washington Ordinance No. 2015-01 An Ordinance of the City of East Wenatchee redefining the meaning of "civil infraction" by amending Section 1.20.040 of the East Wenatchee Municipal Code. Una Ordenanza de la Ciudad de East Wenatchee redefinir el significado de "infraccion civil" por la que se modifica la Section 1.20.040 del Codigo Municipal de East Wenatchee. 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 cludad 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. Recitals. 2.1. The City of East Wenatchee ("City") is a non -charter code City duly incorporated and operating under the laws of the State of Washington; and 3. 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: 4. Amendment. The City Council amends Section 1.20.040 of the East Wenatchee Municipal Code to read as set forth in Exhibit A. 5. 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. City of East Wenatchee Ordinance 2015-01 Page 1 of 3 • 6. 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. The City Council directs the City Clerk to publish a copy of this Ordinance on the City's website. 7. 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 , 2015. The City of East Wenatchee, Washington By Steven C. Lacy, Mayor Authenticated: 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 2015-01 Page 2 of 3 • Summary of City of East Wenatchee, Washington 41 Ordinance No. 2015-01 On the day of , 2015, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2015-01, the main point of which may be summarized by its title as follows: An Ordinance of the City of East Wenatchee redefining the meaning of "civil infraction" by amending Section 1.20.040 of the East Wenatchee Municipal Code. Una Ordenanza de la Ciudad de East Wenatchee redefinir el significado de "infraccion civil" por la que se modifica la Seccion 1.20.040 del Codigo Municipal de East Wenatchee. The full text of this Ordinance is available at www.east-wenatchee.com. 0 Dated this day of , 2015. Dana Barnard, City Clerk 40 City of East Wenatchee Ordinance 2015-01 Page 3 of 3 Ordinance 2015-01 Exhibit A • 0 1.20.040 . Classes of civil infraction — Monetary penalties — Restitution. A. The City Council designates four classes of civil infractions. 1. Class 1 Civil Infraction. The maximum penalty for a Class 1 civil infraction is $250.00, not including statutory assessments. 2. Class 2 Civil Infraction. The maximum penalty for a Class 2 civil infraction is $125.00, not including statutory assessments. 3. Class 3 Civil Infraction. The maximum penalty for a Class 3 civil infraction is $50.00, not including statutory assessments. 4. Class 4 Civil Infraction. The maximum penalty for a Class 4 civil infraction is $25.00, not including statutory assessments. B. If a provision of this codpoMhP_^^v^r. *_-his e-eae ^r -any ordi anee designates a prohibited act or a prohibited omission as a "civil infraction;" and when +1„-A ^^a^ er any „rdin ne^ does not designate its class, it is a Class 1 Civil Infraction. eentain ^ speei e monetary Venally that the er urt may assess against a persond5 *tee- emm ed -A eivil infi-aetien, the eeurrt may assess ^ w,ev,e+^,n„ v, r,ity not to eve^^a $250 nn fer ^ el, C. A monetary penalty imposed by a court under this chanter is immediately payable. If the person is unable to pay at that time, the court may postpone the due date up to 90 days. If the penalty is not paid by the due date, the court may collect the penalty in the same manner as other civil iudgments and may notifv the prosecutinLy authority of the failure to pa D. In lieu of payment of all or part of a #monetary penalty, athe court may I,- a'"^r^ti^n to -order the performance of community service. 9:E. -In addition to imposing a civil penalty, a court may order a person found to have committed a civil infraction to pay restitution, including any costs or expenses incurred by the city in abating or eliminating a public nuisance. • COUNCIL AGENDA BILL # PRESENTER: POSITION: 15-01-05 Devin Poulson City Attorney CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL AGENDA ITEM # 8 AGENDA DATE: 2/28/2012 DEPARTMENT: Legal Title: An Ordinance of the City of East Wenatchee updating the penalties for committing an unlawful act in a park by amending Chapter 12.12 of the East Wenatchee Municipal Code. History: As currently written, the city code provides too harsh of penalties for an unlawful act committed in a park. For example, letting your dog run loose is a misdemeanor, playing badminton at a place not designated for playing badminton is a misdemeanor, or littering is a misdemeanor. The proposed amendments seek to make the level of punishment more in line with the level of an unlawful act. Exhibits: Ordinance 2015-02 Recommended First reading. Action: FINANCIAL DATA: Expenditure Required Amount Budgeted Appropriation Required $0 $0 $0 ACTION TAKEN: ti Motion Made By: Councilmember Collings Councilmember Johnson Councilmember McCourt Councilmember Barnhart Passed: Failed Second By: Councilmember Raab Councilmember Buckner Councilmember Detering Mayor Lacy (in case of tie) Page 1 of 1 • This page intentionally left blank • • • City of East Wenatchee, Washington Ordinance No. 2015-02 An Ordinance of the City of East Wenatchee updating the penalties for committing an unlawful act in a park by amending Chapter 12.12 of the East Wenatchee Municipal Code. Una Ordenanza de la Ciudad de East Wenatchee actualizar las sanciones por la comision de un acto ilicito en un parque por el que se modifica el Capitulo 12.12 del Codigo Municipal de East Wenatchee. 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. Recitals. 2.1. The City of East Wenatchee ("City") is a non -charter code City duly incorporated and operating under the laws of the State of Washington; and 3. 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: 4. Amendment. The City Council amends Chapter 12.12 of the East Wenatchee Municipal Code to read as set forth in Exhibit A. 5. 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. • City of East Wenatchee Ordinance 2015-02 Page 1 of 3 40 6. 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. The City Council directs the City Clerk to publish a copy of this Ordinance on the City's website. • 7. 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 , 2015. The City of East Wenatchee, Washington By Steven C. Lacy, Mayor Authenticated: 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 2015-02 Page 2 of 3 u Summary of City of East Wenatchee, Washington Ordinance No. 2015-02 On the day of , 2015, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2015-02, the main point of which may be summarized by its title as follows: An Ordinance of the City of East Wenatchee updating the penalties for committing an unlawful act in a park by amending Chapter 12.12 of the East Wenatchee Municipal Code. Una Ordenanza de la Ciudad de East Wenatchee actualizar las sanciones por la comision de un acto ilicito en un parque por el que se modifica el Capitulo 12.12 del Codigo Municipal de East Wenatchee. The full text of this Ordinance is available at www.east-wenatchee.com. to Dated this day of , 2015. Dana Barnard, City Clerk • City of East Wenatchee Ordinance 2015-02 Page 3 of 3 Ordinance 2015-02 Exhibit A • 12.12.010 Definitions. "Park" means an area of land that is owned, leased, or controlled by the city, that is set aside or maintained by the city, and is used for recreation and relaxation of the public. This definition includes, but is not limited to: public squares, public trails, park drives, parkways, boulevards, ballparks, and play and recreation grounds and facilities. 12.12.020 Destroying facilities. It is unlawful to damage, remove, destroy, mutilate or deface any properties, plantings, equipment or facilities or to enter or break in any locked restroom facilities or other park buildings or structures. 12.12.030 Animal running at large. It is unlawful for any person to allow or permit any animal to run at large in a park or enter a pond, fountain or stream therein. A violation of this section is a Class 1 civil infraction. 12.12.040 Firearms and explosives. • A. It is unlawful to shoot, fire or explode any firearm, fireworks, firecracker, torpedo or explosive of any kind in a park. B. It is unlawful to shoot or fire any air gun, bows and arrows, B.B. gun or use any slingshot in a park. C. A violation of this section is a misdemeanor. 12.12.050 Proper treatment of animals. It is unlawful in any manner to tease, annoy, disturb, molest, catch, injure or kill or to throw any stone or missile of any kind at or strike with any stick or weapon any animal, bird, fowl or fish in a park. A violation of this section is a Class 1 civil infraction. 12.12.060 Unlawful acts. It is unlawful, without first obtaining a permit from the city in each case, to do any of the following acts or things in a park: A. To use, place or erect any signboard, sign, billboard, bulletin board, post, pole or device of any kind for advertising in a park, or to attach any notice, bill, poster, sign, wire, rod or cord to any tree, shrub, railing, post or structure within a park, or to place or erect in a park a structure • of any kind; Ordinance 2015-02 Exhibit A • B. To take up collections or to act as or to ply the vocation of solicitor, agent, strolling musician, organ grinder, exhorter, barker, showman or bootblack, or to use any loudspeaker; C. To sell refreshments or merchandise or distribute literature; D. To hold or participate in any political meeting or other assembly E. The first violation of this section is a Class 3 civil infraction. A subsequent violation is a Class 2 civil infraction. 12.12.070 Operation of watercraft. It is unlawful to have, keep or operate any boat, float, raft or other watercraft in or upon any bay, lake, slough, river or creek, within the limits of a park, or to land the same at any point upon the shores thereof bordering upon a park, except at places set apart for such purposes by the city and so designated by signs. A violation of this section is a Class 2 civil infraction. 12.12.080 Vehicle regulations. • A. It is unlawful to ride or drive a motorcycle or motor vehicle in a park, except along and upon a park drive or a designated parking lot. B. It is unlawful to ride or drive a bicycle, horse or pony over or through a park except along and upon park drives and bicycle paths. C. It is unlawful to ride or drive a bicycle, motorcycle, motor vehicle, horse or pony in a park at a speed in excess of 10 miles per hour. D. Except for emergency and city -authorized vehicles, it is unlawful to drive or park a motorcycle or motor vehicle on the paved surface of the Apple Capital Loop Trail. E. It is unlawful to park a motorcycle or motor vehicle in a park, except in areas so designated. F. A violation of this section is a Class 1 civil infraction. 12.12.090 Camping regulations. A. It is unlawful to camp in a park except at places set aside for such purpose by the city and so designated by signs. Ordinance 2015-02 Exhibit A • B. It is unlawful to remain, stay or loiter in a park between the hours of 9:00 p.m. and 6:00 a.m. C. The first violation of this section is a Class 4 civil infraction. The second violation of this section is a Class 3 civil infraction. A subsequent violation is a Class 2 civil infraction. 12.12.100 Game restrictions. It is unlawful to practice or play golf, baseball, cricket, lacrosse, polo, archery, hockey, tennis, badminton or other games of like character or to hurl or propel any airborne or other missile in a park except at places set apart for such purposes by the city. A violation of this section is a Class 4 civil infraction. 12.12.110 Depositing refuse. It is unlawful to throw any refuse, litter, broken glass, crockery, nails, shrubbery, trimmings, junk ror advertising matter in a park or to deposit any such material therein, except in designated receptacles. A violation of this section is a Class 1 civil infraction. 12.12.120 Testing motor vehicle prohibited. • It is unlawful to operate any motor vehicle or motorcycle for the purpose of testing it, or ascertaining its fitness for service, along or upon a park drive, parkway or park boulevard, or public street adjacent thereto. A violation of this section is a Class 1 civil infraction. 12.12.130 Trials or competitions prohibited. It is unlawful to engage in, conduct or hold any trials or competitions for speed, endurance or hill climbing involving any vehicle, boat, aircraft or animal in a park, or public street adjacent thereto. A violation of this section is a Class 1 civil infraction. 12.12.140 Fire regulations. It is unlawful to build a fire in a park except in areas designated by the city. A violation of this section is a Class 1 civil infraction. 12.12.150 Alcoholic beverages. A. It is unlawful to bring an alcoholic beverage into a park. B. It is unlawful to consume an alcoholic beverage in a park or in the adjacent parking area. Ordinance 2015-02 Exhibit A • C. The city may permit the sale and consumption of alcoholic beverages within a confined licensed area for a temporary permit (not to exceed three consecutive days) issued by the Washington State Liquor Control Board. D. A violation of this section is a Class 3 civil infraction. 12.12.160 Smoking. It is unlawful to smoke or light a cigar, cigarette, joint, pipe, or other smoking device in a park or in the adjacent parking area. A violation of this section is a Class 3 civil infraction. 0 �J COUNCIL AGENDA BILL # PRESENTER. POSITION: 15-01-06 Lori Barnett Director CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL AGENDA ITEM # 9 AGENDA DATE: January 13, 2015 DEPARTMENT: Community Development TITLE: Council consideration of the 2013 Consolidated Annual Performance and Evaluation Report BACKGROUND/ HISTORY: The Consolidated Annual Performance and Evaluation Report (CAPER) must be prepared, reviewed by the public, and submitted to HUD on an annual basis. The draft 2013 CAPER describes how the city used the Community Development Block Grant program funds during the 2013 program year East Wenatchee's CDBG Program fiscal year is from October 1, 2013 through September 30, 2014. A combined notice of availability was published in the Wenatchee World on December 12, 2014, to encourage comment on the 2013 CAPER. The notice erroneously listed the hearing date as January 9, 2015. A notice of correction for the date was published on January 2, 2015. The comment deadline was January 5, 2015 No comments were received The public hearing provides additional opportunities for comment from the public and the City Council. EXHIBITS: 1. City of East Wenatchee 2013 Consolidated Annual Performance and Evaluation Report (CAPER) RECOMMENDED ACTION: Staff requests that Council take action to approve the 2013 Consolidated Annual Performance and Evaluation Report FINANCIAL DATA Expenditure Required Amount Budgeted Appropriation Required $ N/A $ N/A $ N/A ACTION TAKEN: Motion Made By: Rwnh are Councilmember Collings Councilmember Johnson Councilmember McCourt Councilmember Barnhart Passed: j A � h Failed: Second By: 1 cCQ&+ Councilmember Raab Councilmember Buckner Councilmember Detering Mayor Lacy (in case of tie) • This page intentionally left blank C] • Agenda Bill - Exhibit 1 City, of East Wenatchee 2013 Consolidated Annual Performance and Evaluation Report (CAPER) Draft Date December 3, 2014 Prepared by: City of East Wenatchee Community Development Department 271 9t" Street NE East Wenatchee, WA 98802 Phone (509) 884-5396 Fax (509) 886-6113 E-mail: LBarnett@east-wenatchee.com 0 1 I. Executive Summa The City of East Wenatchee receives federal Community Development Block Grant (CDBG) funds on an annual basis under Title I of the Housing and Community Development Act of 1974. The overall goal of the CDBG Program is to develop a strong community with the provision of decent housing, a suitable living environment, and to expand economic opportunities. CDBG assistance in East Wenatchee is targeted to benefit low and moderate income citizens. Within 90 days of the end of each program year, a Consolidated Annual Performance and Evaluation Report (CAPER) must be prepared, reviewed by the public, and submitted to HUD. The CAPER allows the public, local officials, and HUD to evaluate and provide feedback on the effectiveness and success of program strategies and activities undertaken during the preceding yea r. East Wenatchee's CDBG Program fiscal year for the 2013 Annual Action Plan is from October 1, 2013 through September 30, 2014. This 2013 CAPER describes the projects and activities produced by the City during that program year. This report generally follows the format guidance provided by • HUD for elements of a CAPER. Funding Resources. In 2013, the city of East Wenatchee was awarded $118,950 of CDBG funds. The City's 2013 Annual Action Plan allocated the funds for the following activities: • $95,160 for re -construction of French Avenue NE, between N. Baker Avenue and Standerfer Street • $23,790 for administration and planning of the CDBG program. Project Status. ➢ The design phase of the French Avenue street improvement project is underway. The project includes curb, gutters, stormwater improvements, water system improvements and sidewalks on one side of the street. The original plan was for sidewalks on both sides of the street. Due to several constraints including: limited right of way width, existing vegetation and improvements adjacent to the right of way, and the need for on -street parking; sidewalks will only be constructed on the east side of the street. The City processed an amendment to the 2011 Annual Action in 2014 to re -program funds from a project that was not anticipated to be completed in the foreseeable future. That amendment allocated 2013 City of East Wenatchee Page 2 Consolidated Annual Performance and Evaluation Report (CAPER) • $15,000 in 2011 CDBG funds for the French Avenue project. The following table shows a breakdown of estimated costs and revenue sources for the project. Estimated Costs and Revenue French Avenue Street Improvement Project Estimated Total Project Cost $ 425,000 Revenue Sources CDBG 2011 $15,000 CDBG 2013 $ 95,160 Transportation Alternatives Program - Federal $100,00 City $ 214,840 Total All Funds $ 425,000 ➢ A contract was awarded in 2013 to the Columbia Valley Housing Association for a homeownership assistance program. The program provides payment of all or part of the mortgage insurance premium (on behalf of the purchaser), payment of reasonable closing costs, and payment of up to 50% of the down payment for eligible homebuyers. 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 homes must be within the city limits and the program is only for the purchase of existing homes. The purchase of two East Wenatchee homes was completed in 2014 using the City's CDBG funds. Total CDBG Funds used was $40,000. However, those purchases utilized the 2011 and 2012 Program Year allocation. ➢ All of the administrative funds for 2013 have been expended. Total expenditures for 2013: $23,790. Major administrative activities included: o The processing of the amendment to the 2011 Annual Action Plan to reallocate funds to projects that can be completed. o The completion of the Analysis of Impediments to Fair Housing Choice. o Development of activities to address the Voluntary Compliance Agreement between HUD and the City of East Wenatchee. o Completed a Limited English Proficiency Plan. The document was adopted by the City Council on January 28, 2014. 0 2013 City of East Wenatchee Page 3 Consolidated Annual Performance and Evaluation Report (CAPER) So Amended the Citizen Participation Plan to include more emphasis on persons with limited English proficiency. The document was adopted by the City Council on January 28, 2014. o Participation in local homeless housing program support activities. o Preparation of the 2014 Annual Action Plan. The document was adopted by the City Council on August 12, 2014 II. Three - Five Year Plan Assessment of Progress A. Three — Five Year Goals and Objectives East Wenatchee's 2010-15 Community Development & Housing Consolidated Plan established three major priorities based upon HUD's requirements. Each priority includes a goal, objective, and strategies. Where the objective listed a performance measure, that section has also been included below. GOAL 1: PROVIDE DECENT AFFORDABLE HOUSING Objective A: Provide for a sufficient number of safe, attractive and affordable residences for people of all income levels, especially the community's lowest - income households Strategies: Continue to work cooperatively with other local jurisdictions and community groups with established housing support programs to increase housing affordability in this community. Provide incentives and opportunities for choices of housing types, styles, quantities and innovative design including accessory dwellings and cottage style housing in residential neighborhoods. Explore incentives for landlords, the Housing Authority, and other developers to increase the amount of affordable housing available to the community's most vulnerable residents. Performance Measures Provide leadership and advocacy in Identifying proven methods for employing incentives to encourage landlords, the Housing Authority, and other developers to increase the amount of affordable housing they offer to the community's most vulnerable residents. Objective B: Improve the quality of rental housing available to the community's lowest -income households and individuals Strategies: • 2013 City of East Wenatchee Page 4 Consolidated Annual Performance and Evaluation Report (CAPER) Investigate methods for improving enforcement of the City of East Wenatchee housing codes, such as researching regulatory and Incentives - based methods otherjurisdictions have used to achieve improved quality of local rental housing, while ensuring that these methods do not contribute to increased homelessness. Explore options for working with landlords to improve the safety and livability of the affordable housing currently available to low-income people in the community. Encourage cooperative efforts to maintain or expand facilities for the homeless. Performance Measures Establish methods for improving enforcement of the City of East Wenatchee nuisance codes. Objective C: Encourage and support the development of special needs housing, low-income housing and quasi -residential housing. Strategies: Promote the construction of affordable housing to meet the needs of all economic segments of the population by establishing Incentives In development standards that will increase the production of low and moderate priced housing by private and public sector housing providers. Encourage and support thel development of special needs housing, low-income housing and quasi -residential housing uses such as group or day care facilities throughout the community. Provide flexibility In development regulations to insure housing for special needs populations, such as senior citizens, physically challenged, assisted living facilities, nursing home care, congregate care, emergency shelters, or supervised environments. Performance Measures Encourage and support the development of special needs housing, low-income housing and quasi -residential housing by establishing Incentives in development standards that will increase the production of low and moderate priced housing by private and public sector housing providers. GOAL 2: IMPROVE THE QUALITY OF LIFE THROUGHOUT THE COMMUNITY (HUD SUITABLE LIVING ENVIRONMENT) Objective A: Revitalize neighborhoods Strategies: Work in partnership with neighborhood residents, property owners, and businesses to upgrade basic Infrastructure, such as sidewalks, lighting, landscaping, and facilities. Encourage neighborhood residents, property owners, and businesses to work together to eliminate health and safety hazards for disabled and returning 2013 City of East Wenatchee Page 5 Consolidated Annual Performance and Evaluation Report (CAPER) • injured veterans. Improve neighborhood attractiveness by participating in community improvement activities, such as neighborhood clean-up projects. Develop a program to retrofit existing neighborhoods with the addition of sidewalks and street Illumination. Provide flexibility in development regulations to encourage infill development in areas with adequate public services in a manner that ensures compatibility with the character of the existing neighborhood. Establish standards to ensure maintenance of vacant and developed lots ►n a clean and safe condition. Performance Measures Increased number of households served by new neighborhood improvements, including sidewalks, lighting, landscaping, and/or facilities. Objective B: Provide support for integrated high priority public services and community facilities Strategies: Provide assistance to maintain and expand community facilities that offer multiple activities and services for returning veterans, and lower -income families, such as youth activities, child care, social and recreational programs for adults. • Encourage initiatives that support integrated approaches to delivering safety net services, such as co -locating facilities offering multiple services, including child care, youth activities, veteran's programs, and employment, with transportation resources, such as bus shelters and transfer stations. GOAL 3: INCREASE INDIVIDUAL AND COMMUNITY SELF-SUFFICIENCY (HUD ECONOMIC OPPORTUNITIES) Objective A: Increase the number of living wage jobs available within the community Strategies: Identify successful regulatory and incentives -based methods other communities have used to encourage businesses to relocate or expand in their areas, such as tax incentives, community enterprise zones, tax credits, and other approaches. Work in partnership with existing business development programs to enhance their capacity to help small businesses hire and retain low- and moderate -income individuals, through approaches such as investigating the feasibility of micro -lending, encouraging strong connections between neighborhood schools and businesses, and advocating for the regular evaluation of the community's economic development programs. Create commercial districts that are safe, attractive, pedestrian friendly and • transit oriented. Establish commercial areas that accommodate a variety of 2013 City of East Wenatchee Page 6 Consolidated Annual Performance and Evaluation Report (CAPER) • land use activities to support a diverse and stable economic base while maintaining the quality of life In the community and the natural environment. Support and encourage economic development that will increase personal income by attracting a variety of business opportunities that provide family - wage jobs. Provide an opportunity for mixed -use areas in locations where residential and commercial land uses can develop in a manner that is complimentary to neighboring properties. Performance Measures Identify successful regulatory and Incentives -based methods other communities have used to encourage businesses to relocate or expand In their areas, such as tax incentives, community enterprise zones, tax credits, and other approaches. B. Accomplishments: The following is a summary of work that has been initiated or accomplished to further the goals and objectives in the Consolidated Plan and the 2013 Annual Action Plan. If an activity addresses a specific objective or performance measure, it has been noted. The following narrative describes the actions taken to achieve the goals and objectives adopted in the Consolidated Plan: • 1. Staff from the East Wenatchee Community Development Department serves on the Homeless Housing Steering Committee for allocation of the Chelan -Douglas Counties Homeless Housing fund (HB 2163) and City of Wenatchee Low -Income Housing funds in accordance with RCW 36.22.179 and RCW 36.22.1791. The Ten -Year Plan to Reduce Homelessness in Chelan & Douglas Counties provides an overall goal of reducing homelessness by 50% in 10 years and outlines activities and actions as a strategy to achieve the goal. • The Homeless Housing funds are generated from fees paid when documents are recorded with the county auditor. East Wenatchee, Douglas County, Chelan County, and Wenatchee executed an interlocal agreement August 27, 2006 for the dispersal of the funds designating Wenatchee as the lead entity for that program. Funding programs allocated under this interlocal agreement include the Homelessness Funds (HB 2163), Consolidated Homeless Grant, and Housing and Essential Needs Grant Funds. The following table lists the recipients of the programs referenced above during the 2013 program year. (Addresses Objectives and Performance Measures in 1A and 1B) 2013 City of East Wenatchee Page 7 Consolidated Annual Performance and Evaluation Report (CAPER) • • 2013- 2014 Homeless Projects - Chelan & Douglas Counties County Consolidated Low- Total Homeless Homeless Income Amount GRANTEE ALLOCATIONS Housing Grant (CHG) Housing Awarded Funds Funds Chelan Regional Justice Center: $87,766 $32,079 $119,845 Community Recovery Program Community Action Council* Rent Assistance $46,941 $27,579 $74,520 & Operations for Crescent Village/Sunset Ridge Apartments Community Action Council: Rent Assistance $141,622 $15,000 $156,622 & Bus/Laundry Tokens Community Action Council Housing & $180,500 $180,500 Essential Needs HEN Hospitality House- Facility Support $44,863 $30,377 $75,240 Mortgage, Insurance, Utilities Hospitality House Mental Health Services $60,000 $60,000 Lighthouse Ministries. Soup Kitchen $25,000 $25,000 SAGE Domestic Violence Emergency $26,343 $10,000 $24,627 $60,970 Shelter Upper Valley MEND. Emergency/Rent $22,500 $7,500 $30,000 Assistance Volunteer Attorney Services: Housing $9,176 $9,176 Justice Project Women's Resource Center Bruce $67,921 $32,079 $100,000 Transitional Housing Women's Resource Center: Homeless $20,000 $20,000 Outreach YWCA Emo ene's Emergency Shelter $30,326 $30,326 YWCA Bridges Transitional Housing $10,000 1 $10,000 1 $20,000 TOTAL FUNDS ALLOCATED $562,132 1 $345,114 1 $54,953 $962,199 2. Completed the Analysis of Impediments to Fair Housing Choice. The document was approved by the City Council on July 22, 2014. 3. Revised the Citizen Participation Plan to include more emphasis on persons with limited English proficiency. The document was adopted by the City Council on January 28, 2014. 4. Completed a Limited English Proficiency Plan. The document was adopted by the City Council on January 28, 2014. 5. The Planning Commission developed a new Light Commercial Zoning District that permits residential and commercial land uses. (Addresses Objectives and Performance Measures in 3A) 0 2013 City of East Wenatchee Page 8 Consolidated Annual Performance and Evaluation Report (CAPER) • 6. The city contracted with an engineering consultant to evaluate the Section 504 and ADA issues identified by HUD staff during the 2013 compliance review relating to the accessibility of the parking lot and walkways to public streets. In addition to the issues raised by HUD staff, additional accessibility barriers were discovered. A design for the removal of the barriers was completed and the project was put out for bid. The bids significantly exceeded to engineer's estimate preventing the city from awarding the contract. The city will be re -advertising the project in early 2015. Although the city has paid for the design, funds have not been drawn down to reimburse the city. This project and removal of the internal architectural barriers is listed in the Amended 2011 Annual Action Plan. The removal of the internal architectural barriers has been completed and paid for by the city. Funds have not been drawn down to reimburse the city for that work. 7. The city executed a contract with an engineering consultant for design of the French Avenue street reconstruction project. (Addresses Objectives and Performance Measures in 2A) C. Grant Funds Spent In 2013, the city of East Wenatchee's CDBG formula grant was $118,950. The City's 2013 Annual Action Plan allocated the funds for • the following activities: o $95,160 for re -construction of French Avenue NE, between N. Baker Avenue and Standerfer Street. o $23,790 for administration and planning of the CDBG program. The only CDBG Funds drawn down were for administration of the CDBG program. The major accomplishments for the administration of the program are listed on page 3-4 of this document. D. Progress not made The City was not able to complete the planned French Avenue street improvement project. On June 24, 2014 the City Council approved the selection of an engineering consultant firm to design the project. The city entered into a contract with the consultant on August 4, 2014. The survey and preliminary design work has been completed however no billings have been submitted to the city and as such, no draw downs have been made against the project funds. E. Proposed changes to program The city has concentrated the majority of the CDBG funds for street and sidewalk improvement projects benefiting low-income neighborhoods. Completing those projects in a timely manner has 0 2013 City of East Wenatchee Page 9 Consolidated Annual Performance and Evaluation Report (CAPER) continued to be an issue. The city will need to evaluate the use of the CDBG funds to determine if that emphasis is sustainable. Timely draw downs for reimbursements also needs to be improved. The city has expended money for some projects and has not entered them into the IDIS system for payment. A new policy is being developed for consideration by Council that will require monthly reimbursements for all grants. Assessment of Annual Progress 1. Affirmatively Furthering Fair Housing The city of East Wenatchee has completed an Analysis of Impediments to Fair Housing Choice in accordance with HUD guidelines. The document was available in draft form on November 18, 2013 and was revised in accordance with a HUD review. The final document was adopted by the City Council on July 22, 2014. The adopted 2014 Annual Action Plan includes 2. Affordable Housing Although CDBG funds were not used for the project or selection process, the city participated with the county and other cities to award the 2014 Affordable Housing Program funds. $37,590 was awarded to the Habitat for Humanity to purchase a lot for the future construction of a home for purchase by an eligible family. 3. Homeless and Other Special Needs East Wenatchee has no housing programs and relies upon other local agencies for public housing and housing support programs serving homeless and other special needs individuals and families. In 2002 the city of East Wenatchee entered into an interlocal governmental cooperation agreement (ILA) with the Housing Authority of Chelan County and the City of Wenatchee. The ILA allows the Housing Authority to operate under limited circumstances within the city limits and included a provision for a city councilmember to serve on that agency's board of directors. A city staff member participates as a member of the Homeless Steering Committee. This is a group of local agencies and service providers that meet on an ad hoc basis. One of their responsibilities is as the funding advisory committee for allocation of the "Chelan - Douglas Counties Homeless Housing Funds" and other low-income housing and support services funds. The funds are awarded using a 2013 City of East Wenatchee Page 10 Consolidated Annual Performance and Evaluation Report (CAPER) competitive grant application process. The city of Wenatchee is the lead entity for this process. Funding programs awarded by the committee include the 'Homelessness Funds" (HB 2163), "Consolidated Homeless Grant", and "Housing and Essential Needs" Grant Funds. A breakdown of awards is shown on page 8 of this document. The Homeless Steering Committee is also working on a Coordinated Entry System for tracking homeless contacts. Although CDBG funds were not used for the project or selection process, the city participated with the county and other cities to award the "2014 Affordable Housing Program" funds. $10,000 was awarded to the YWCA for improvements to their transitional housing unit. City staff regularly attends meetings of the Homeless Task Force. The Homeless Task Force includes service providers, local agency staff, and recipients. The Task Force concentrates on outreach and communication between service providers and other public agencies that may be in contact with homeless individuals and families. This group provides recommendations to the cities, counties, and service providers relative to actions that will reduce homelessness, encourage rapid re -housing, support and information for landlords, and the general public regarding homelessness. City staff attended a half -day homeless training program, "Refining Our Homeless System to End the Crisis of Homelessness" to learn more about the Coordinated Entry System and trends in ending homelessness. Additionally, city staff and the Mayor attended a half -day conference with Dr. Donna Beegle presented by the Community Foundation of North Central Washington "Be the change: Ending the Cycle of Poverty". The City of East Wenatchee provides $900 per year to the Okanogan County Transportation and Nutrition program for meals delivered to low-income senior citizens. The program delivers approximately 1,590 meals per year to East Wenatchee seniors. No CDBG funds are used for this service program. 4. Leveraging Resources In 2013, the city of East Wenatchee was awarded $118,950 in CDBG Entitlement funds. The City's 2013 Annual Action Plan allocated the funds to: o $95,160 for re -construction of French Avenue NE, between N. Baker Avenue and Standerfer Street o $23,790 for administration and planning of the CDBG program. 2013 City of East Wenatchee Page 11 Consolidated Annual Performance and Evaluation Report (CAPER) • As illustrated in the table on page 3, the French Avenue project is estimated to cost $425,000. CDBG funds account for $110,160 or 26% of the cost of the project City funds total $214,840 and other federal funds provide $100,000. The homeownership program utilized $40,000 for the purchase of two homes with a total cost of $351,604. CDBG funds accounted for only 11% of the cost of the homes. S. Citizen Comments In compliance with the Citizen Participation Plan and the Limited English Proficiency Plan, the City published a notice of availability and notice of public hearing in the Wenatchee World on December 12, 2014. The notice was published in English and Spanish. The notice announced the availability of the Draft 2013 Consolidated Annual Performance and Evaluation Report (CAPER) report. The notice erroneously listed the public hearing date as January 9, 2015 when the actual date should have been January 13, 2015. A Notice of Corrected Meeting Date was published in English and Spanish on January 2, 2015. The documents were posted on the City web site on December 3, 2014. All public comments on the 2013 CAPER were due no later than • January 5, 2015. No comments were received. The City Council held a public hearing on January 13, 2015 to accept testimony and consider approval of the City's 2013 CAPER. • Notice of Availability and Public Hearing in English and Spanish 2013 City of East Wenatchee Page 12 Consolidated Annual Performance and Evaluation Report (CAPER) • • 0 THE WENATCHEE WORLD, WENATCHEE, WASHINGTON AFFIDAVIT OF PUBLICATION STATE OF WASHINGTON COUNTY OF CHELAN TERESA ALLEN CITY OF EAST WENATCHEE 271 9TH ST EAST WENATCHEE. WA 98802 REFERENCE INFORMATION - Account # 104418 Ticket # 286243 Tag Line 2013 CONSOLIDATED ANNUAL PERFOR- MANCE The Wenatchee World is a legal newspaper published in Chelan County, Washington, and approved as such by the Superior Court of said County and State Serving the counties of Chelan, Douglas, Grant & Okanogan. PUBLISHED ON Wenatchee World 12/05/14 2011.3CONSMIDATEOAICIYALPM 11MVICt a EVA W AnO31 liEPM DO= OF AMI AIMITr AAO MORE OF PUBLLC XE&MG hIMM OF ualtAElairr Rnl=11:7 01 Cast Wrul)Swo ant W41 m et01021ad pRtd6 ola IREm h00 to oomCnt Cn Ira a3 09: 20Cr.�ama srnua FRforncnm and bRIWO„+ awn It>>PE)il Tm Crefi 2013 CAPER tlC=Mc Dow Cm Cfj toc0 Via CC 1. Ulp OCRIa7n.Tt Otoi Gmm utemn 4r o QV` Is tro 2013 Memz )av Ail wid2n 0"MMI s mart ba m=m;I ty Iruar) 5. M1 Cu-malC)"Pe awfad'end to lza aurCl CIO Cl EM Y.bn=fc& 771 00l Sboct UL East ftnaevice V.% etM2 amal tld9r'�Sr t®)ttn,marlxxsh.,.= NOTCE OF FUSLIC KART JG. M=m 0 mchr, 0%-n tRa Pa EXt wa'Oldhaa Cki OD nOl .11 W3.Q A "IT mMIMSpyto MVMA a-7an MTW-e ds an CIO War" UPS al oral 190AM maearn oWnnnti 6t 63) FM on XMol) 0, 2,1151n 7a C= V@nattbm Cy sal Carnal Chambers at rl "Sr. NE. C3s1 Y,ta 407co. Aft gsm Teo Cry W=umon oil permns to conxIMM a Baal =atSb la mp/l.aa to aatIUMM In (ho r4w rg. rMu31t1M911tltP max b re Ory t?.+n at M65E 3 OCAMI mt" nan 0 me noerts rota TU MCI MaJnwt MZW Do rem tuee at ma Edit Kr ataro2 Cannrr� owetenerd bowuw%# au -tag rag tar tbatress room a, an era aws web = at Canrn.nt0 QAaotmorl OVFatmoM Wrmlonj oa+axmmd EAxy Gram Fnwm OW at wrw Tct. rtdc: inn+ to -smart OV63 a a- ottamato lOrAntl 0Cnmlt Lan Hama at 5CObH4.5= 2013 OOKSOUILADO AIIUAL al EIa1WAC1611 INFOM Ata50 Of ampolllarun 01 AVISO OE AUotEHCH1 FUMMA Ama 0. dMentAmd, L05 "Umen da cost vpnNx= MaG OMM t l*t -edm Whn trnitara a Qtrxnt7 vorm ,.I IIVPXto 2013 orv-Mho Mitt 0cnea6aada a I-fanno m aral.h>v6i ICSPEA) n pwh�to /D� a)�im crmbe tf rho h =dad utlUa lo}t t ncoor dal pdQara do dnsarlaia wnlidt2lo 9bW EG2rd dl,mntn a aao 2M tons tin mmznto- o debit racbkMm'05aa4WOCb 20WG`mont:603 pJW--,dld Imo Lag E.tren, C=:l m Est ftnzYlc h- V1 Bm Sbar FIE felt woom 's; Y.A 05E02, OfiMYl 6amOGC1aYL:wi'zi[fz_^d error as astmaa Irett� A+ito auaCa aarJerCa en aumw Ctq at' o� lrrsCIPM CO EM fitt=hM msfars Ica amtnw t>kIm ott0 ta0ar OlrnaxKtMIM Oat d WadNW 0(Cl0 a pAi9_tD da 0 0301"3 cu annao da to Con crdnMU an 1330 0 00 Oa erhao da 2015 an bs chore) Omt" Cast Vanaly= CI ;.Z4 an 211 Otn 61 NE. C= VAtn07enM vb!141`V 'n. 1D ofte 'J 03wa a 1'A97Iaa o"MIACA a rart4ianr I to Mad am aiCta'ao epeoa xm MrEXM en b oumaem, rauedhO) dnalrto t'llmlatedo `,,a11111111 ' O �d� TOTAL COST., $182 56 0 Subscribed and sworn to before me on 12/04/14 NN Notary Public for the State of Washington, residing in Wenatchee Notice of Corrected Meeting Date in English and S anish 2013 City of East Wenatchee Page 13 Consolidated Annual Performance and Evaluation Report (CAPER) • • YLLA.51: CVNFIRM RECEIPT OF THIS E-MAIL REVISED MEETING DATE 2013 CONSOLIDATED ANNUAL PERFORMANCE & EVALUATION REPORT NOTICE OF AVAILABILITY AND NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Notice is hereby given that the East Wenatchee City Council wall conduct a public hearing to receive citizen comments on the draft CAPER at their regular meeting beginning at 6 30 PM on January 13, 2015 in the East Wenatchee City Hall Council Chambers, at 271 9th St. NE, East Wenatchee, Washington The City encourages all persons to participate if special assistance is required to participate in the hearing, including language interpretations, requests must be made to the City Clerk at least 3 working days prior to the hearing date FECHA REUNI6N REVISADO 2013 consokidado anual & evaluacl6n Informe aviso de disponibilidad y aviso de audiencia p6blica Aviso de audiencia p6blica Aviso queda teniendo en cuenta que el Concelo Municipal de East Wenatchee real¢ari una audiencia publics pars recibir comentanos del ciudadano sobre el proyecto de alcaparra su principio de Is sesi6n ordinana en 18 30 a 13 de enero de 2015 en las camaras Consejo East Wenatchee City Hall, en 271 9th ST NE, East Wenatchee, Washington La ciudad alienta a todas las personas a participar Si se requiere asistencia especial pars participar en Is audiencia, incluyendo lenguake interpretatio 6. Self Evaluation 0 2013 City of East Wenatchee Page 14 Consolidated Annual Performance and Evaluation Report (CAPER) . The principal administrative task undertaken, using CDBG funds, was development of the 2013 Annual Action Plan. That project was completed on time and submitted to HUD. As mentioned above, the City does not have any housing programs or other community assistance programs. The City participates with housing and community service providers who deliver services in the East Wenatchee vicinity including the City of Wenatchee Department of Community Development, the Housing Authority of Chelan County and the City of Wenatchee, the Chelan -Douglas Community Action Council, Columbia Valley Housing Association, Habitat for Humanity of the Greater Wenatchee Area, and Women's Resource Center of North Central Washington. In August 2014, the city's Line of Credit balance was 127% of the amount of the city's 2013 CDBG grant. The timeliness standard is no more than 150% and as such, this does meet the annual standard for spending the CDBG funds. The following table illustrates the CDBG funds allocated for each proposed project, the amount of anticipated other funds for each project, the status of each project, funds used, and those remaining in the City's line of credit: • The City recognizes that spending the funds in a timely manner is an essential task for the CDBG program. 7. Monitoring The Department of Community Development for the City of East Wenatchee is responsible for the administration of the CDBG Program. This includes the monitoring and evaluation of program activities as they relate to the adopted Consolidated Plan and Annual Action Plan. Monitoring oversight in 2013 was focused primarily on documenting the process and expenditures related to the development of the 2013 Annual Action Plan, preparation of the Analysis to Impediments to Fair Housing, update the Citizen Participation Plan, preparation of a Limited English Proficiency Plan, and completion of the 11th Street Sidewalk Project. The City is committed to its success as a CDBG entitlement jurisdiction and intends to make the best use possible of the limited funding it receives. Staffing limitations and lack of experience with CDBG requirements for the use of funds and reporting information has hindered the expenditure of funds. It will be essential to monitor the progress of expending the remaining 2013 CDBG funds for the planned projects to determine if a reallocation of the project funds will be necessary. 2013 City of East Wenatchee Page 15 Consolidated Annual Performance and Evaluation Report (CAPER) L� C, 9 2013 City of East Wenatchee Page 16 Consolidated Annual Performance and Evaluation Report (CAPER) • Appendices A. HUD Tables B. PR 03 - Summary of Activities C. PR 06 - Summary of Consolidated Plan Projects for Report Year 2012 D. PR 23 - Summary of Accomplishments Report E. PR 26 - Financial Summary Report F. PR 83 - CDBG Performance Measures Report 2013 City of East Wenatchee Page 17 Consolidated Annual Performance and Evaluation Report (CAPER) 2013 CAPER Appendix A - HUD Tables Table 1C • Summary of Specific Housing/Community Development Objectives Obj Specific Objectives Sources of Performance Expected Actual Outcome/ # Funds Indicators Number Number Objective* Owner Housing IA-1 Improve number of residences for all CDBG Number of PY 10 — l DH-1 income levels additional PY 11 — 1 affordable PY 12 — 1 housing units PY 13 — 1 available to PY 14 - 1 lower -income families Rental Housing 113-1 CDBG Number of PY 10 — 1 DH-3 Improve rental housing for low-income rental PY 11 — 1 housing units PY 12 — 1 available to PY 13-1 lower -income PY 14 - 1 families 1C-1 CDBG Number of PY 10 — 0 DH-1 Provide support for special needs households PY 11-0 housing with PY 12 — 1 supportive PY 13-1 housing PY 14 -1 Community Development 2A-1 Revitalize Neighborhoods CDBG Number of PY 10 — 1 0 SL-3 community PY I 1 —0 infrastructure PY 12 — 1 projects PY 13-0 completed PY 14 -1 Special Needs Objectives 213-1 CDBG Number of PY 10 — 1 SL-1 Provide support for high priority public safety net PY 11-0 services programs PY 12 — 1 PY 13-0 PY14-1 Economic Development 3A-1 CDBG Number of PY 10 — 0 Increase living wage jobs new jobs PY 11 — 5 EO-1 created or PY 12 — 0 retained PY 13 — 10 PY 14-0 *Outcome/Objective Codes Availability/AccessibilityAvailability/Accessibility Affordability Sustainabilit Decent Housing DH-1 DH-2 DH-3 Suitable Living Environment SL-1 SL-2 SL-3 Economic Opportunity EO-1 EO-2 EO-3 40 2013 CAPER Appendix A - HUD Tables • • 9 Table 3A Summary of Specific Annual Objectives Obj # Specific Objectives Sources of Funds Performance Indicators Expected Number Actual Number Outcome/ Objective* Rental Housing Objectives Owner Housing Objectives IA Competitive award to subrecipient for homeownership housing support program CDBG Project 0 2 DH-3 Special Needs Objectives Community Development Objectives Infrastructure Objectives Public Facilities Objectives 3A Neighborhood revitalization — street re- construction CDBG Projects 1 0 SLA Public Services Objectives Economic Development Objectives Other Objectives Availability/AccessibilityAvailability/Accessibility Affordability Sustainabilit Decent Housing DH-1 DH-2 DH-3 Suitable Living Environment SL-1 SL-2 SL-3 Economic Opportunity EO-1 EO-2 EO-3 2013 CAPER Appendix A - HUD Tables U.S. Department of Housing OMB Approval No 2506-0117 and Urban Development (Exp 8/31/2014) • Table 3B ANNUAL AFFORDABLE HOUSING COMPLETION GOALS • Grantee Name: City of East Wenatchee Program Year: 2012 Expected Annual Number of Units To Be Completed Actual Annual Number of Units Completed Resources used during the period CDBG HOME ESG HOPWA BENEFICIARY GOALS Sec. 215 Only) Homeless households ❑ ❑ ❑ ❑ Non -homeless households ❑ ❑ ❑ ❑ Special needs households ❑ ❑ ❑ ❑ Total Sec. 215 Beneficiaries* ❑ ❑ ❑ ❑ RENTAL GOALS (Sec. 215 Only) Acquisition of existing units ❑ ❑ ❑ Production of new units Q ❑ ❑ ❑ Rehabilitation of existing units ❑ ❑ ❑ ❑ Rental Assistance ❑ ❑ ❑ Total Sec. 215 Affordable Rental ❑ ❑ ❑ ❑ HOME OWNER GOALS Sec. 215 Only) Acquisition of existing units ❑ ❑ Production of new units ❑ ❑ Rehabilitation of existing units ❑ ❑ Homebuyer Assistance ❑ ❑ ❑ Total Sec. 215 Affordable Owner ❑ ❑ ❑ ❑ COMBINED RENTAL AND OWNER GOALS Sec. 215 Only) Acquisition of existing units ❑ ❑ ❑ Production of new units ❑ ❑ ❑ Rehabilitation of existing units ❑ ❑ ❑ ❑ Rental Assistance ❑ ❑ ❑ Homebuyer Assistance ❑ ❑ ❑ Combined Total Sec. 215 Goals* ❑ ❑ ❑ ❑ OVERALL HOUSING GOALS Sec. 215 + Other Affordable Housing) Annual Rental Housing Goal ❑ ❑ ❑ ❑ Annual Owner Housing Goal 1 *See Note Below ❑x ❑ ❑ ❑ Total Overall Housing Goal 1 ❑ ❑ ❑ ❑ *Note City entered into a subrecipient agreement with the Columbia Valley Housing Association for Homeownership Assistance 40 Two housing unit were purchased but the funds from 2011 and 2012 were used * The total amounts for "Combined Total Sec 215 Goals" and "Total Sec 215 Beneficiary Goals" should be the same number COUNCIL AGENDA BILL # PRESENTER: POSITION: 15-01-07 Steven C Lacy Mayor CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL AGENDA ITEM # AGENDA DATE: DEPARTMENT: 10 January 13, 2015 Legislative TITLE: A Resolution authorizing the Mayor to sign a Professional Services Agreement with the Master Gardeners Association of Chelan County for Maintenance and Landscaping of Japanese Garden. BACKG ROUND/ HISTORY. EXHIBITS: Resolution, Professional Services Agreement RECOMMENDED ACTION. Adopt the Resolution authorizing the Mayor to sign a Professional Services Agreement with Master Gardener Association of Chelan County FINANCIAL DATA: Expenditure Required Amount Budgeted Appropriation Required $ N/A $ N/A $ N/A ACTION TAKEN: Motion Made By: t- xArn F Councilmember Collings Councilmember Johnson Councilmember McCourt Councilmember Barnhart Passed: C7 Failed: I5'- Second By. M Councilmember Raab Councilmember Buckner Councilmember Detering Mayor Lacy (in case of tie) Page 1 of 1 City of East Wenatchee, Washington Resolution No. 2015-01 A Resolution of the City of East Wenatchee, Washington authorizing the mayor to sign a Professional Services Agreement with the Master Gardeners Association of Chelan County. 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). 0 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. Authorization. The City Council authorizes the Mayor to execute a Professional Services Agreement that conforms to the language set forth in 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. City of East Wenatchee Resolution 2015-01 • Page 1 of 2 Passed by the City Council of East Wenatchee, at a regular meeting thereof on this day of , 2015. The City of East Wenatchee, Washington By Steven C. Lacy, Mayor Attest: 0 Dana Barnard, City Clerk Approved as to form only: Devin Poulson, City Attorney Filed with the City Clerk: Passed by the City Council: V Effective Date: City of East Wenatchee Resolution 2015-01 Page 2 of 2 Resolution No. 2015-01 Exhibit A Professional Services Agreement Between The City of East Wenatchee And The Master Gardener Association of Chelan County (UBI 602108461) For Maintenance and Landscaping Of Japanese Garden Professional Service Agreement The Master Gardener Association Page 1 of 9 Resolution No. 2015-01 Exhibit A 0 1. Parties. The Parties to this Professional Services Agreement ("Agreement") are the City of East Wenatchee and the Master Gardener Association of Chelan County ("Association"). 2. Duration of Agreement. The initial term of this Agreement begins on January 1, 2015 and ends on December 31, 2019. Unless either party gives written notice of its intention not to renew at least 180 days before the initial term ends, this agreement extends for additional one—year terms. 3. Either party may terminate this Agreement early. Upon written notice, the City may terminate this Agreement with or without cause. If the City terminates this Agreement without cause, it will pay the Association for work already completed on a prorated basis to the date ordered to stop. Upon 30-days written notice, the Association may terminate this Agreement with cause. The written notice must specify the termination's effective date and it must specify the cause the Association is relying upon to justify termination. If the Agreement is terminated early, the City will pay the Association all amounts due for all work previously authorized and performed prior to termination. 3.1. If this Agreement is terminated, the Association agrees to cooperate reasonably with any service provider retained by the City in making available information developed as the result of work previously performed by The Association. 4. The Association will provide maintenance and landscaping services for the City. The Association will provide the following services for the City in a timely, reliable, and cost-effective manner: 4.1. Maintain plants in the Japanese Garden on Misawa Way bordered by the sidewalk and the walls of the garden; 4.2. Maintain shrubs; 4.3. Prune trees; 4.4. Maintain grasses and groundcovers; Professional Service Agreement The Master Gardener Association Page 2 of 9 Resolution No. 2015-01 Exhibit A r1 . 4.5. Divide and remove when necessary; 4.6. Abate weeds; 4.7. Remove weeds; 4.8. Advise city of any sprinkler problems; 4.9. Advise city of any waterfall issues; 4.10. Advise city when debris is in need of haul away; 4.11. Advise city of any tree/shrub replacement needs; 4.12. Provide the City's Public Works Director with a schedule for routine plant maintenance; and 4.11 If the Association uses City volunteers to help perform the services above, he will provide the City Treasurer with a log of hours worked by the volunteers within three days of service. The log must contain the volunteer's name, address, date of service, and number of hours volunteered. 5. CiWs responsibilities. The City agrees to perform the following services• 5.1. Removal of trash from cans throughout the year; 5.2. Removal of debris from garden maintenance; 5.3. Removal and replacement of trees (if necessary); 5.4. Maintenance of pagoda; 5.5. Start up irrigation system; 5.6. Replace any malfunctioning sprinklers, valves, timers; 5.7. Blow out irrigation system at end of season; 5.8. Operate and maintain waterfall; 5.9. Maintain parking strip near garden; and 5.10. Reimburse the Association up to $500 each year for the cost of mulch. Professional Service Agreement The Master Gardener Association Page 3 of 9 Resolution No. 2015-01 Exhibit A • 6. Compensation. 6.1. Amount. The City will pay the Association $18,000 a year for performing the services in paragraph 4. This amount is the full compensation for all work performed; for all services rendered; and for all labor, materials, supplies, and equipment, and incidentals necessary to complete the services in paragraph 4. 6.2. Corrections. The Association will correct any errors in the completed work. The Association is not entitled to additional compensation for making the required corrections. 6.3. Method of Payment. The Association must submit a monthly invoice for compensation. The monthly invoice must contain a detailed description of the work performed during the month, the number of hours spent performing such work, and any reimbursable costs and expenses incurred in performing the work. 6.4. Invoices. The Association must submit invoices to the following address: The City of East Wenatchee, 271 Ninth St. N.E., East Wenatchee, WA 98802 Attention: Teresa Allen. 6.5. Taxes. The Association will pay all taxes related to payments received from the City, including federal income taxes, self employment (social security and Medicaid) taxes and state business and occupation taxes. The City is not responsible for withholding for or paying any tax owed by the Association. 7. Disputed work. If the City believes in good faith that some portion of work has not been completed satisfactorily; the City may request that The Association correct the work before the City pays for such work. The City must reasonably explain to the Association its concern over the work and the remedy that the City expects from the Association. The City may withhold from any payment otherwise due an amount that is under dispute. Also, if the Association does not provide a sufficient remedy, the City may retain the amount it costs the City to correct or remedy the work that the Association did not properly complete. Professional Service Agreement The Master Gardener Association Page 4 of 9 Resolution No. 2015-01 Exhibit A 8. Affirmative Representations by the Association. The Association represents and warrants that: 8.1. It has the requisite training, skill and experience necessary to provide the services identified in Paragraph 4. 8.2. It is appropriately accredited and licensed by all applicable agencies and governmental entities. 8.3. It did not offer a gift, gratuity, loan, trip, favor, special discount, work, or anything of economic value to any City employee or City official to obtain this Agreement. 8.4. It will strictly adhere to the statutes and ordinances in contracting and purchasing, including the City Ethics Code, RCW 42.23 (Code of Ethics for Municipal Officers) and RCW 42.52 (Ethics in Public Service). 8.5. It does not have a business interest or close family relationship with any City official or employee. No one employed by the Association has a business interest or close family relationship with any City official or employee. 9. The City will monitor and evaluate the Association's performance. Subject to oversight by the Mayor or the Mayor's designee, The Association may control and direct the performance of the services identified in Paragraph 4. The City reserves the right to inspect, review and approve the work done to assure that it has been completed as specified, before payment. The Association must cooperate with and freely participate in any monitoring or evaluation activities conducted by the City. 10. The Association is an independent contractor. This Agreement creates an independent contractor relationship between the parties. The Association and its employees or agents performing under this Agreement are not employees or agents of the City. The Association will not hold itself out as or claim to be an officer or employee of the City, nor will the Association make any claim of right, privilege or benefits which would accrue to such officer or employee under law. The Parties recognize that the Association Professional Service Agreement The Master Gardener Association Page 5 of 9 Resolution No. 2015-01 Exhibit A may or will be performing professional services during the term of this Agreement for other parties. 11. Indemnification. To extent allowed by law, the Association agrees to indemnify and hold harmless the City. The Association releases and must defend, indemnify and hold harmless the City, its elected officials, officers, employees, agents and volunteers for any and all claims, demands, losses, negligent acts or omissions, and liabilities (including costs and all attorney's fees) to or by any and all persons and entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Association, its partners, shareholders, agents, employees, or by the the Association's breach of this Agreement. To the maximum extent permitted by applicable law, this must apply. However, this will not require the Association to indemnify the City against any liability for damages arising out of bodily injury or property damages caused by or resulting from negligence of the City. The City will protect, defend and indemnify and save harmless the Association, its representatives and other employees all costs, claims, judgments or awards of damages arising out of the negligent acts or omissions of the City, its officers or employees. Further, with concurrent negligence of the Association and the City each party will be required to indemnify the other only to the extent of the negligence of the party. 12. The Association agrees to maintain adequate insurance. The Association must provide insurance coverage as set out in this section. The intent of the required insurance is to protect the City should there be any claims, suits, actions, costs, damages or expenses arising from any negligent or intentional act or omission of the Association. The Association must furnish the City with a certificate of insurance satisfactory to the City that shows the Association has secured insurance in the following kinds and minimum amounts. If the Association fails to provide proof of insurance, the City may immediately terminate this Agreement. Professional Service Agreement The Master Gardener Association Page 6 of 9 Resolution No. 2015-01 Exhibit A 13. The Association agrees comply with applicable federal and state laws. The Association must comply with all federal, state, and local nondiscrimination laws, regulations and policies. These laws include, but are not limited to: The U.S. Department of Transportation's policies against discrimination, Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964; Section 109 of the Housing and Community Development Act of 1974, Age Discrimination Act of 1975, Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973 Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, Section 3 of the Housing and Community Development Act of 1968; Executive Orders 11625, 12432, and 12138. 13.1. If the Association fails to comply with any federal or state law, regulation or policy, the City may withhold payments to the Association under the Agreement until the Association complies or cancel, terminate, or suspend the Agreement, in whole or in part. 13.2. The City will give the Association 30 days to cure any noncompliance. 1* 14. Dispute Resolution. The venue for any legal dispute regarding this Agreement is Douglas County Superior Court. 15. General Provisions. 15.1. Attorney's Fees. If any legal action or other proceeding is brought to enforce this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with this Agreement, each party will bear their own attorney's fees, expert witness fees, filing fees, arbitrator fees, or other costs incurred in that action, arbitration, or proceeding. 15.2. Authority. Each individual executing this Agreement for the City and for the Association represents and warrants that such individuals are duly authorized to execute and deliver this Agreement for The Association or for the City. Professional Service Agreement • The Master Gardener Association Page 7 of 9 Resolution No. 2015-01 Exhibit A 15.3. Binding Effect. The provisions, covenants, and conditions in this Agreement apply to bind the parties, their legal heirs, representatives, successors, and assigns. 15.4. Civil Rights. The Association agrees to comply with all local, state, and federal civil rights laws. These laws include, but are not limited to: Washington's Law Against Discrimination, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 193, the Americans with Disabilities Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107, and 12086. 15.5. Compliance with Laws. The Association, at his sole cost and expense, may perform and comply with all applicable laws of the United States, the State of Washington; and the City of East Wenatchee. 15.6. Equipment and Materials. Except as specifically provided in this Agreement, the Association must furnish all equipment, materials, and personnel that may be required to accomplish the • services described in the Agreement. 15.7. Full Agreement. This Agreement and all attachments form all of the covenants, promises, agreements and conditions, between the parties. All attachments and addendum are incorporated herein by this reference, and may be a part of this contract instrument. If discrepancy between the documents, addendum and attachments may prevail over the Agreement. This entire Agreement including all attachments specifies the working relationship between the City and the Association and specific obligations of both parties. 15.8. Non -waiver. Waiver of any default or breach of this agreement may not be deemed a waiver of any other prior or subsequent default or breach and may not be construed to be a modification of the terms of this Agreement unless stated to be such through written agreement of the signatories hereto. 15.9. Performance. Time is of the essence of this Agreement in each and all of its provisions in which performance is a factor. Professional Service Agreement • The Master Gardener Association Page 8 of 9 Resolution No. 2015-01 Exhibit A 15.10. Personal Liability. The parties agree that no official, employee, or agent of the City may be held liable or responsible for any breach of this Agreement. 15.11. Remedies Cumulative. The remedies provided for in this Agreement are not exclusive, but are cumulative with all other remedies available at law or in equity. 16. Washington law governs this Agreement. The laws of the State of Washington govern the interpretation, construction, and enforcement of this Agreement. 17. Severability. If a competent court of law determines any section or portion of this Agreement to be unlawful, such determination may not affect the remaining terms and conditions of the Agreement. 18. Survivability. The obligation of the Association under all provisions of this Agreement, which may reasonably be interpreted or construed as surviving the completion, termination, or cancellation of this Agreement, may survive the completion, termination, or cancellation of this Agreement. City of East Wenatchee Master Gardener Association Of Chelan County Steven C. Lacy, Mayor Date: F.1%W13�11 City Clerk Professional Service Agreement The Master Gardener Association Page 9of9 Title Date: Federal Employee ID No. 0 w COUNCIL AGENDA BILL # PRESENTER: POSITION: 15-01-08 Nick Gerde Finance Director CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL AGENDA ITEM # 11 AGENDA DATE: January13, 2015 DEPARTMENT Finance TITLE- Resolution 2015-02 and Resolution 2015-03 A Resolution of the City of East Wenatchee, Washington authorizing the establishment of a Health Reimbursement/Voluntary Employees' Beneficiary Association Plan BACKGROUND/HISTORY: Legal Considerations 1. The City is obligated under its Collective Bargaining Agreements with the Teamsters Local Union No. 760, one representing Law Enforcement Officers and the other representing Police Clerical Employees, for the period January 1, 2014 through December 31, 2017, Article 12- Insurance, paragraphs 12.2, 12.3, 12.4 and 12.6, to contribute certain amounts to a Health Reimbursement Arrangement (HRA) VEBA in the employees name. Financial Considerations: 1. The City's Budget for 2015 includes cost estimates which are expected to defray benefits costs associated with the employees' access to these benefits in the both Teamster Local Union 760 Collective Bargaining Agreements. 2. Teamster Union representatives have provided the City with a recommended vendor to provide this resource at no cost to the City. EXHIBITS 1. Resolutions No. 201 5-2 for Law Enforcement Employees and No. 201 5- 03 for Police Clerical Employees providing for authorization to establish a Health Reimbursement/Voluntary Employees' Beneficiary Association Plan. 2. " Article 12-Insurance" of the Teamster Local Union 760 Collective Bargaining Agreements for the period January 1, 2014 through December 31. 2017. Page 1 of 2 0 RECOMMENDED ACTION: Approval,of "Resolutions of the City of East Wenatchee, Washington authorizing the establishment of a Health Reimbursement/Voluntary Employees' Beneficiary Association Plan" for Law Enforcement and Police Clerical Employees. FINANCIAL DATA: , Expenditure Required Amount Budgeted Appropriation Included N/A N/A N/A ACTION TAKEN: Upr `, Motion Made By: JE T Second By: 1J9hki C) Councilmember Detering .Councilmember Raab Councilmember'Johnson Councilmember Buckner Councilmember McCourt Councilmember Collings Councilmemb r Barnhart Passed: [) Failed: Mayor Lacy (in case of tie) Page 2 of 2 • City of East Wenatchee, Washington Resolution No. 2015-02 A Resolution of the City of East Wenatchee, Washington authorizing the establishment of a Health Reimbursement /Voluntary Employees' Beneficiary Association Plan. 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). 0 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. 3. Recitals. 3.1. The Internal Revenue Code Section 501(c)(9) allows for the creation of a voluntary employees' beneficiary association which is a tax-exempt health and welfare trust. 3.2. IRS regulations and guidelines allow an employer to offer health reimbursement arrangement (HRA) plans. 3.3. HRA plans are available to governmental employers in the Northwest. 3.4. The Voluntary Employees' Beneficiary Association Trust for Public Employees in the Northwest ("Trust") offers and will City of East Wenatchee Resolution 2015-02 Page 1 of 3 • administer one HRA VEBA plan (collectively the "Plans") as amended and restated. 3.5. The Trust will administer a Standard HRA Plan, which shall accept contributions from the City only for eligible employees who are members of Teamsters Local Union 760, who have elected not participate in the City's group health plan, and who are enrolled in another Qualified Group Health Plan. 3.6. The City Council determines it is in the best interest of the City to establish the Plan, which provide tax-free, defined contribution accounts for employees to reimburse qualified medical, dental, vision and tax qualified long-term care premiums and non -covered healthcare expenses of the employees and their qualified dependents. 3.7. The City desires to establish the Plan for its employees who are also members of Teamsters Local Union 760. 3.8. The City desires to use the services of the Trust to administer the Plans. • 3.9. The Trust will administer the Plan under the Plan documents provided by the Trust on file with the City Clerk. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: 4. Election. The City elects to participate in the Plan and Trust as constituted or amended using the Trust as its plan administrator for the benefit of eligible employees as defined by the LABOR AGREEMENT By & Between CITY OF EAST WENATCHEE, WASHINGTON and TEAMSTERS LOCAL UNION NO. 7601 TEAMSTERS, FOOD PROCESSING EMPLOYEES, PUBLIC EMPLOYEES, WAREHOUSEMEN AND HELPERS, Representing Law Enforcement Employees, January 1, 2014 through December 31, 2017 ("Agreement"). 5. Funding. The City will fund the Plan with contributions in amounts determined by the Agreement. City of East Wenatchee • Resolution 2015-02 Page 2 of 3 • 6. Authorization. To adopt and administer the Plan, the City Council authorizes the mayor to execute documents and establish procedures consistent with the Plan, the Trust, and the Agreement. 7. 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. 8. Effective date. This Resolution becomes effective immediately. Passed by the City Council of East Wenatchee, at a regular meeting on this day of , 2015. 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 2015-02 Page 3 of 3 0 City of East Wenatchee, Washington Resolution No. 2015-03 A Resolution of the City of East Wenatchee, Washington authorizing the establishment of a Health Reimbursement /Voluntary Employees' Beneficiary Association Plan. 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) . 0 2. Authority. 2.1. RCW 35A.11.030 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. 3. Recitals. 3.1. The Internal Revenue Code Section 501(c)(9) allows for the creation of a voluntary employees' beneficiary association which is a tax-exempt health and welfare trust. 3.2. IRS regulations and guidelines allow an employer to offer health reimbursement arrangement (HRA) plans. 3.3. HRA plans are available to governmental employers in the Northwest. 3.4. The Voluntary Employees' Beneficiary Association Trust for Public Employees in the Northwest ("Trust") offers and will City of East Wenatchee Resolution 2015-03 Page 1 of 3 administer one HRA VEBA plan (collectively the "Plans") as amended and restated. 3.5. The Trust will administer a Standard HRA Plan, which shall accept contributions from the City only for eligible employees who are members of Teamsters Local Union 760, who have elected not participate in the City's group health plan, and who are enrolled in another Qualified Group Health Plan. 3.6. The City Council determines it is in the best interest of the City to establish the Plan, which provide tax-free, defined contribution accounts for employees to reimburse qualified medical, dental, vision and tax qualified long-term care premiums and non -covered healthcare expenses of the employees and their qualified dependents. 3.7. The City desires to establish the Plan for its employees who are also members of Teamsters Local Union 760. 3.8. The City desires to use the services of the Trust to administer the Plans. 3.9. The Trust will administer the Plan under the Plan documents provided by the Trust on file with the City Clerk. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: 4. Election. The City elects to participate in the Plan and Trust as constituted or amended using the Trust as its plan administrator for the benefit of eligible employees as defined by the LABOR AGREEMENT By & Between CITY OF EAST WENATCHEE, WASHINGTON and TEAMSTERS LOCAL UNION NO. 760, TEAMSTERS, FOOD PROCESSING EMPLOYEES, PUBLIC EMPLOYEES, WAREHOUSEMEN AND HELPERS, Representing Police Clerical Employees, January 1, 2014 through December 31, 2017 ("Agreement"). 5. Funding. The City will fund the Plan with contributions in amounts determined by the Agreement. City of East Wenatchee Resolution 2015-03 Page 2 of 3 • 6. Authorization. To adopt and administer the Plan, the City Council authorizes the mayor to execute documents and establish procedures consistent with the Plan, the Trust, and the Agreement. 7. 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. 8. Effective date. This Resolution becomes effective immediately. Passed by the City Council of East Wenatchee, at a regular meeting on this day of , 2015. 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 2015-03 Page 3 of 3 • 11.3.2 Second will be seniority based. This time off will be limited to the usage of 2 weeks or eighty (80) hours, but may be used as individual days. 11.3.3 All requests for usage of Vacation Leave after annual bid process will be non -seniority, based first come first serve. The City has the right to refuse these requests based on department needs. 11.4 Leave usage upon retirement. Officers who are retiring from employment from the East Wenatchee Police Department may choose to use all accrued leave (Vacation Leave, Holiday Comp Time, and Comp Time) prior to date of retirement. During this time the officer's schedule will be considered five (5), eight (8) hour days, Monday through Friday. No holiday benefits will be given as it will be considered that they are given them off. If an employee retires after July 30, 2012, the City will cash out a retiring employee's sick leave at a rate of 25%. 11.5 Military Leave. The City shall provide employees military duty and training leave in accordance with the City's existing policies, which are incorporated herein by reference, and the applicable requirements of USERRA and applicable laws of the State of Washington. ARTICLE 12. INSURANCE • 12.1 Coverage. The City will make available to employees and their eligible dependents substantially equal group medical, dental and vision insurance coverage and benefits as existed prior to the signing of this Agreement. The City agrees to pay the entire group medical, dental and vision insurance premiums for each employee and one (1) dependent, and fifty percent (50%) of the cost of those premiums for all additional dependents. PROVIDED, however, the City will only pay one premium for an employee (For example, if an employee is also an eligible dependent, he or she must elect to receive insurance as an employee or as a dependent). The City reserves the right to change or provide alternate insurance carriers, health maintenance organizations, or benefit levels or to self insure as it deems appropriate for any form or portion of insurance coverage referred to in this Article, so long as the new coverage and benefits are substantially equal to the conventional insurance which predated this Agreement; provided, however, before making any such changes the City agrees to meet with the Union and discuss the proposed changes. The City will not be responsible for changes unilaterally imposed by an insurance provider in benefits, co - payment provisions, deductible amounts, or other policy provisions so long as the City uses its best efforts to minimize changes by incumbent insurance providers from one plan year to another. Probationary Employees shall be eligible to participate in the City's medical, dental or vision, or other insurance plans in accordance with the City's existing personnel policies and insurance programs. . Labor Agreement Page 18 of 35 • 12.2 An employee may waive his or her health insurance benefits. If an employee waives these benefits, the City will contribute $375 per month to a Health Reimbursement Account/VEBA in the employee's name. An employee must elect waiver between November 1 and November 30 of each year, but such time may be extended by the employee if contract negotiations are not completed; in such an event the employee shall have up to 30 days from ratification to elect the wavier. Once an employee elects a waiver, he or she is ineligible to sign up for City benefits until the next open enrollment period, or as provided by law. 12.3 If an employee's husband, wife, qualified domestic partner is eligible for coverage according to the terms and conditions of the City's insurance carrier and is enrolled in another medical plan, the husband, wife, or qualified domestic partner may not enroll in the City -sponsored medical plan. The City, however, will contribute $375 per month to a Health Reimbursement Account/VEBA in the employee's name. 12.4 If an employee's dependent is eligible for coverage according to the terms and conditions of the City's insurance carrier and is enrolled in another medical plan, the dependent may not enroll in the City -sponsored medical plan. The City, however, will contribute 50% of the saved premium per month, up to a maximum of $200 per dependent, with a maximum of two dependents, to a Health Reimbursement Account/VEBA in the employee's name. The maximum contribution of the City under this section may not exceed $400. 12.5 The maximum that the City will contribute to an employee's Health Reimbursement Account/VEBA, for any reason, is $1,150 per month. 12.6 Cost Containment. The City reserves the right to institute cost containment measures relative to insurance coverage so long as the basic level of insurance benefits remain substantially equal to the conventional insurance coverage in affect immediately prior to this Agreement. Such changes may include, but are not limited to, mandatory second opinions for elective surgery, pre -admission and continuing admission review, preferred provider provisions, prohibition on weekend admissions, except in emergency situations and mandatory out -patient elective surgery for certain designated surgical procedures. Upon notice from the City's insurance carrier or insurance holder (currently AWC) informing the City that the premium amounts may exceed the excise tax threshold or that it informs the City that the plan it currently provides to the City is being cancelled or discontinued, Article 12 of this Agreement will be opened. The City and Union shall meet to discuss and negotiate a resolution. If not resolved within 60 days of notice, the matter shall be referred to PERC for mediation. • Labor Agreement Page 19 of 35 is r-] COUNCIL AGENDA BILL # PRESENTER: POSITION: 15-01-09 Devin Poulson City Attorney CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL AGENDA ITEM # AGENDA DATE: DEPARTMENT: 13 January 13, 2015 Legislative Title: City of East Wenatchee Tablet Computer ("Tablet") Use Policy for Elected Officials History: The city council has authorized the purchase of tablets for the use of elected officials. The attached policy is in front of the city Council for discussion only. In reviewing use policies from other cities, it becomes apparent that they have experienced problems with the following type of behavior: • elected officials using tablets for personal use, • elected officials using tablets to violate the Open Public Meetings Act • elected officials downloading and using illegal software • elected officials using tablets to violate the Public Records Act • elected officials introducing viruses into a city's computer systems. The attached policy is designed to address and prevent these type of behavior from occurring within the city of East Wenatchee. Exhibits: City of East Wenatchee Tablet Computer ("Tablet") Use Policy for Elected Officials Recommended Discuss the proposed policy, make any desired changes, Action: present a final draft at the next city Council meeting for adoption and approval. FINANCIAL DATA: Expenditure Required Amount Budgeted Appropriation Required $0 $0 $0 Page 1 of 2 C7� • '7 ACTION TAKEN: Motion Made By: Councilmember Collings Councilmember Johnson Councilmember McCourt Councilmember Barnhart Passed: Failed: Second By: Councilmember Raab Councilmember Buckner Councilmember Detering Mayor Lacy (in case of tie) b� sc�N Dn Wj--,j Page 2 of 2 CITY OF EAST WENATCHEE TABLET COMPUTER ("Tablet") USE POLICY FOR ELECTED OFFICIALS 1. Purpose 1.1. The City Council believes that using a city -issued tablet will reduce costs, reduce the use of paper, streamline the business processes of the City, and improve the delivery and exchange of information with citizens. 1.2. The City Council intends this tablet policy set forth guidelines for the appropriate use of a tablet. 2. User Responsibilities 2.1. Elected officials must adhere to this policy. 2.2. All existing city policies, state law, and federal law apply an elected official's conduct while using a tablet. 2.3. If an elected official believes someone has compromised the security of the tablet, he or she must immediately notify the City Attorney. 3. Ownership. • 3.1. Upon an elected official signing a Tablet Use Agreement, the City will provide an elected official with a tablet to use for city - related business. The tablet remains the property of the City. 3.2. By the last November of his or her term, an elected official must return the tablet to the City. If he or she does not return the tablet by the deadline, the City will garnish the elected official's paycheck for the purchase price of the tablet. 3.3. An elected official will use due care and caution in the maintenance and care of the tablet. 3.4. An elected official will keep the tablet password -protected at all time. 3.5. An elected official will not leave the tablet in a place where it could be easily stolen, damaged or accessed. If the tablet is stolen or damaged, the elected official must pay for the cost of replacing it. 3.6. The City will provide routine maintenance of the tablet issued to an elected official. • 3.7. An elected official may not allow a non -city employee or non - city official to use or access the tablet. • 3.8. The East Wenatchee Chief of Police of East Wenatchee may enter an elected official's home, without notice and without a warrant, to retrieve a tablet. 4. Appropriate Use. 4.1. An elected official may only use the tablet for official City business. He or she may not use the table for commercial, political, personal, pornographic, illegal or offensive use. 4.2. An elected official may not add or download software, programs, or applications without prior authorization from the City Attorney. 4.3. An elected official must limit any postings, blogging, messaging, or social media activity to official City sites and activities and may not use the tablet to post information on a personal site or on personal, social media. 4.4. An elected official must limit his or her use of the tablet during public meetings to accessing information solely related to the business of the meeting. 4.5. An elected official may not use the tablet to communicate with another individual during a meeting. 4.6. An elected official may not use the tablet in any way as to violate the Open Public Meetings Act. 4.7. An elected official may not use a tablet to promote or oppose any political ideals or positions. 5. Records Management. 5.1. All data on a tablet is property of the City. An elected official has no expectation of privacy in data created, received, or maintained on the tablet. An elected official may not deleted an original, primary file. The City may access the tablet, saved files, internet logs, email records, metadata, or any other pertinent information at any time without notice. 5.2. An elected official must retain all data as required by the State Attorney General's Local Records Retention Schedule for Local Agency Records. 5.3. All information on a tablet is public. There is no protection, and the City will provide no defense, for private or personal files, data, email, or documents that reside on any tablet. 0 • 5.4. The City reserves the right to fully manage and monitor a tablet, including controlling the data services, cellular services, device configurations, applications and policies. 6. Software on Device 6.1. The software andjapplications installed by the City must remain on the electronic device in usable condition and be readily accessible at all times. From time to time, the City may add or upgrade software applications for use by elected officials, which will require an elected official to return the tablet to the City Attorney for periodic updates and synchronizing. 6.2. Any software on a tablet is the property of the City and may only be used in ways that are consistent with applicable licenses, trademarks or copyrights. 6.3. If technical difficulties occur or illegal software is discovered, the electronic device will be restored from backup. The City does not accept responsibility for the loss of any software or documents deleted due to a re -format and re -image. 6.4. From time to time, the City may add or upgrade software applications for use by City Council such that City Council may be required to check in their tablets with the City Clerk for periodic updates and synchronizing. 7. Compliance with Policy 7.1. The City reserves the right to inspect all files stored a tablet to ensure compliance with this Policy. • CITY OF EAST WENATCHEE TABLET AGREEMENT FOR ELECTED OFFICIALS The City of East Wenatchee has provided me with a copy of the City's policy regarding an elected official's use of a city -issued tablet. I, have read the terms of the policy, I understand the terms of the policy, and I agree to abide by all terms of the policy. Mayor/City Council Members Date 40 • n • COUNCIL AGENDA BILL # PRESENTER: POSITION: CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL 15-01-10 AGENDA ITEM # Devin Poulson AGENDA DATE. City Attorney DEPARTMENT: 13 January 13, 2015 Legal Title: Proposed revisions to the code regulating business licenses History: Because of recent changes regulating use of marijuana, the state's requirement that cities use a state business license service by 2018, and the budget committee's decision to increase business license fees, it has become necessary to amend City's code that regulates business licenses. The first significant change adds language to the City's liability for issuing business licenses to a retail seller of marijuana. The next substantive change increases the business license fee over a period of three years and then ties future increases to a CPI index. Another substantive change allows the City Clerk to issue a business license on an annual basis. Instead of all business licenses expiring at the same time, the business license will expire at year from the date it is issue. The proposed code amendment also changes the penalty structure for businesses do not pay the license fee on time. Finally, the last substantive change requires the City to begin using the state system in 2016. This will require the City to enter into certain agreements with the state in 2015 in anticipation of making the switch. In anticipation of this occurring in 2016, the proposed amendment also eliminates business license fees charged on amusement Page 1 of 2 n �I • devices, so that the state can know the exact fee is to charge without requiring additional permission. The attached amendment is not an ordinance form. Staff anticipates that members of the City Council will make comments and revisions before it is presented as an Ordinance to be enacted. Exhibits: Redline version of proposed amendments. They clean copy of the proposed amendments. Recommended On for discussion only. Action: FINANCIAL DATA: Expenditure Required Amount Budgeted Appropriation Required $0 $0 $0 ACTION TAKEN: Motion Made By: Councilmember Collings Councilmember Johnson Councilmember McCourt Councilmember Barnhart Passed: Failed: Second By- Councilmember Raab Councilmember Buckner Councilmember Detering Mayor Lacy (in case of tie) �ISC�tSs�� Page 2 of 2 • I Chapter 5.04 BUSINESS LICENSE FEES Sections: 5.04.010 Purposeaieen 'eati�� 5.04.020 Definitions. 5.04.030 Liability for Damage 5.04.040 Persons subject to tax.Business leeated outside eity limits. 5.04.050 Business located outside city limits.Exemptions. 5.04.060 AExemptions. . 5.04.070 Applicability of other ordinances. 5.04.080 Basic license fee.FailuM^ *^ pay Penalty. 5.04.090 Term , 5.04.100 Failure to pay — Penalty 5.04.110 License constitutes debt to city.Deleteel. 5.04.120 Review of exempt organization business.$ -ate seliekor. 5.04.130 Peddlers and solicitor- .mlgl}t-��ase�o issue license. 5.04.140 Right to refuse to issue license. . 5.04.150 Issuing official `Wati Penalty 5.04.160 Violation — Penalty. 5.04.010 Purposes. By enacting this Chapter, the City is exercising its power to license for regulation and for revenue. 5.04.020 Definitions. In construing the provisions of this chapter, the following definitions apples A. "Business" means all activities, occupations, trades pursuits or professions located and/or engaged in, within the city, with the object of gain, benefit or advantage to the taxpayer, or to another person or class of persons, directly or indirectly. Each business location is a separate business. B. "City" means the City of East Wenatchee, its officers its employees, and its agents. • C. "Engaging in business" means commencing, conducting or continuing in any business, and also the exercise of corporate or franchise powers, as well as liquidating a business when the liquidators hold themselves out to the public as conducting such business. D. "Person" means any individual, firm, partnership, company, corporation, association, receiver, assignee, trustee in bankruptcy, trust, estate, joint venture, club, joint stock company, business trust, societyor group of individuals acting as a unit E. "Taxpayer" means any person who engages in business or who is required to have a business license hereunder, or who performs any act, for which a license fee or tax is imposed by this chapter. 5.04.030 Liability for damages. The city recognizes that it cannot solve all problems relating to businesses licensed under this chapter through legislation. Thus, this chapter is an effort to make the best possible use of available resources. This chapter is not an attempt to provide complete protection to all of the city's inhabitants. A. This chapter expressly provides for and promotes the health safety and welfare of the general public. It does not create or designate any particular class of persons who will or should be especially protected by its terms. B. This chapter specifically intends to place the obligation of complying with its terms on the licensee. No provision of this chapter imposes a duty upon the city, for whom the implementation or enforcement of this chapter is discretionary and not mandatory. C. Nothing in this chapter creates the basis for any liability on the part of the city for any injury or damage resulting from the failure of a licensee to comply with the provisions of this chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter on the part of the city_ D. By issuing a business license to a licensee, the City does not create a duty of the City to indemnify a business licensee for a wrongful act against the public, to guarantee the quality of goods, services or expertise of a licensee, or to otherwise shift responsibility from the licensee to the City for proper training or for proper conduct of a licensee. LJ or seetion, the following definitions shall be applied - A. "Business-" means all aetivities, eeeupations, trades, pursuits or - professions leeated and/or engaged in, within the eity, with them objeet of gain, benefit or advantage to the taxpayer-, or to anethe-r per -son or- el -A -AS of per -sons, direetly or indireetly. Eaeh business loeation sh-All be deemed a separate business in any business, and also the emereise of eerporate er- 4anehise powers, as well as liquidating a b i - - - 'hen the liquidators hold themselves C. "Per -so -in" M-e-14 4ividual) firm, partner -ship, eempany, trust, estate, joint venture, elub, joint steek eampany, business trust, seeiety or any group of individuals aeting as a unit. D. "Tayipayer!' means any per -son who engages in business or who is required to have a business lieense hereunder-, or who performs any aet-, E. "Year" means the fiseal year from july ist to and ineluding the 6.04.0430 Person On and -after the passage of the ordinanee eodified in this ehapter, an its effeetive date, there is The City levies upon very-personupon and shall be eelleet from each •,• or eemmeree in the city an annual license fee for the privilege of engaging in business activities within the city limits. (Ord. 99-12 § T I- Q_ Q_°, n�-3 0 5 i 9Qn 5.04.0540 Business located outside city limits. Unless otherwise exempt, this chapter covers and applies to any business located outside the city that engages in some business activity inside the city limits. (Ora oa_, 2 § 1, , oaa•Ord30 §4, ,�v) 5.04.0650 Exemptions. The provisions of this chapter do not apply to the following persons, sales, or seryicesThe provisions of this ehapte shall not apply to the =elle,A,,emeept as other -idedhere�-* A. A. A governmental entity including public and private elementary, secondary, high schools, and universities; B. A person who delivers newspapers or periodicals; C. A person soliciting orders from retail establishments for the delivery and sale of goods, wares and merchandise to retailers for resale unless located within the City; D. ._A person or organization conducting a nonprofit enterprise when the enterprise is operated without private profit, for a public, charitable, educational, literary, fraternal or religious purpose; E. A person under the age of 18 engaged in babysitting; F. A person selling his or her own produce; G. A person that the City is forbidden to tax by law; and H. A person engaged in the casual sale of items of personal property where the person conducting such sale is not regularly engaged in the business of selling items of personal property (for example garage sales and bake sales). • I I. A landlord who owns five or fewer units. 0 M D����i��������ia!��iv ��.�ri���car ��iiw��ii���wir�:i �:�niw�w�c��i��.�s..�i���ii■. i��_cy� qw .. ... . 5.04.0760 Applicability of other ordinances. A person exempted from obtaining a business license must combly with PrOVIS10in.6 of thi-A ehapter, shall-naw any of the exempt meet it to the ;r^""' ents of any other ordinances of the city relating to taxes, fees or licenses, particularly, although not so limited thereto, gambling or any other tax or license fee required to be purchased or paid for carrying on that particular activity. (Ord. 9-1 4 i oao• n 5.04.08-70 Basic license fee. • 0 0 A. Unless it is otherwise provided by provision in a section providing for the licensing of a special, named, enumerated or specific business or activity, the annual basic license fee is shall be by the number of employees of each business at the time it applies for a license. , based upon the p nth„ ,-.1-1-m- eff- of employed individualson june ist payable. This license fee is a basic fee for doing and conducting business within the city limits. Any other section of this chapter or any ordinance of the city requiring a license or tax for conducting a specific and named activity is shall be -in addition to this basic license fee. There is shall be no set -off — or credit given for this basic license fee unless such ordinance or section of ordinance so allows. The basic license fee rates are as follows: Number of Employ 2015 2016 2017 0-1-2 $30 $40 $50 3-5 $35 $45 $60 6-12 $75 $90 $110 13-25 $135 $145 $155 26-50 $235 $245 $260 51 and over $350 $375 $400 SS 4 ATA I NOW M • [-I FI�,l�y.c' 1 business employing ever 5 1 p $ 25 nn per num of every 11 iG c7 T. � T�7 � .,� part thereof-. aa_, 2 § 1, , ono• n� 305 § 7, , 980)B. Beginning January 1, 1, 2018, on January 1 of each year, the City will increase the basic license fee by 100% of the U.S Consumer price Index of Urban nd Clerical Workers 1 statistics for the West Urban Region for the proceeding twelve months, rounded up to the nearest whole dollar. C. An applicant must pay the fee for a business license in full at the time the application is submitted, and annually thereafter on or before its anniversary 5.04.090 — Term Effective until December 31, 20155. A business license expires one vear from the date it is issued by the clerk and must be renewed annually. Effective January 1, 20166. A business license issued pursuant to the provisions of this chapter is renewed annuallv and has an expiration date as determined by the State of Washington Business Lice license term or expiration date will be coordinated with the terms or expiration dates of all other licenses required by the State. Fees may be pro -rated depending on the BLS expiration date. License renewals shall be issued by the State Business Licensing Service in cooperation with the City upon receipt from the business of a request for renewal of business license in the form prescribed by the State Business Licensing Service providing that no change in ownership, character of business or location is indicated. If such change is indicated, a new application shall be submitted and fees paid. 5.04.10080 Failure to pay — Penalty. A. The penalty for failing to pay the business license fee when due is There is established a penalty to be added to eaeh business lieense fe-r- The due-ate-sprior- to eommeneixgb1-1-sixe-AS or any new business beginning operation after july ist and shall be july ist for- any business having previously been in operation in the p' i Sueh penalty -s1",» bP- 20 percent of the basic license fee. B. The penalty for failing to pay the business license fee within 30 days of its due date is 40 percent of the basic license fee. C. The penalty for failing to pay the business license fee within 90 days of its due date is 60 percent of the basic license fee. D. The penalty for failing to the business license fee within 120 days of its due date is 100 percent of the basic license fee. E. The penalty for failing to pay the business license fee within 150 days of its due date is revocation of the business license. F. The City may also impose the penalties set forth in Failure to Fay sueh fee and penalty by Septembeir 1-85th will result in the imposition of an additional ' I"'reent of the te-tal ' per month until paid. ATld -A-R-Ressid in full -byD^eemer gist o ri^^Yrr penalties as provided in EWMC 5.04.16-50. (Order§ 1 ,1999-Ord. 5.04.110 License constitutes debt to city. A license fee due or unpaid under this chapter, and all penalties thereon, constitutes a debt to the city, and may be collected by court proceeding in the same manner as any other debt in like amount. This remedy is in addition to all other existing remedies. • 5.04.120000 Review of exempt organization business. A_14-persons wha-claiming an -exemption from the basic license fee a-s £�� spi T-rnz�IG 5.04.07-0 are -must required+^ apply to the city clerk for an application to carry on a_ny-business activity within the city limits. This requirement is specifically made to include all charitable and fundraising organizations and activities. Any fee for carrying on such activity by an exempt organization is shall -also _-exempt except as specified in other ordinances or sections of ordinances of the city or as required by the state or any of its political subdivisions. A. Prior to commencing any business activity, including fundraising activities, such organization or person shall make application for a business license to the city through the city clerk. Such application shall be on a similar form or the same form as for all other business organizations specifying the same information as required thereon. A non-profit organization shall include a copy of its last filed Annual Report with Washington's Secretary of State. B. If the city clerk deems it in the best interest and welfare of the city to have such licenses reviewed by the city council, he or she shall not issue such license without referring it to the city council for review. Such matter shall be brought on at the next regularly scheduled city council meeting for review and either accepted or denied by the city council. Such review by the city council shall be binding upon all parties, subject to the right of appeal to the superior court of Douglas County for the state, having jurisdiction over these matters(Ord. 99-1 2 § 1 1 999; Ord. 305 § a 1980) 04 inn Amusement dey.*-A. in addition to the annual lieense fee required under EV44C ^c 5.04.070, the operator- of any amusement de i 3ehine shall pay an annua of this seetion. 9. The term"amusement de'6 feeor=rmzrrP_.an any 11iTC ............ ......... .0 V"m MW NINON@ al, "'. 1 01,10-0, 1 1. . ~W.W. IMMAMTO.". imill W., .0 Now., W.M. "M A.TP'.V. W. 1-11 we- MI I -I- pq q9 P.1 MW . WINE W. .4.4 Will W., determine whether- or not the lieensee eemplianee with this seetion, a:ndl this- Ehaptei as ., whole-. G. The heense for amusement deviees shall be >per devie., year, as fellow&: 1ooll tables, .nn 2. E=eetr-onie gaffi-e-s- eeix-aetivated movies,$30nn• -_1./av-dinit mae Ninas (foods merrilI'GC'ndisli), $10..00; 5. Crane type m , 1 n nn rd. Qa_ 1 2 § 1, 1999• rd. 42p-§T 137; nrd310 § § 2 5, 1$81; Ord. 305-§ 11, 1980) Dprpt^ao. aa_i (nran5 § 12, i av 5.04.13-20 Peddlers and solicitors. A. A-ny person selling or soliciting orders for any commodity or merchandise from house to house or from address to address must smell pay an annual license fee of $25.00 per annum, or the sum of $5.00 per day B. A and any person selling any commodity or merchandise from any vehicle, trailer, stand or temporary structure or place must shall alse pay an annual license fee of $25.00 per annum, or the sum of $5.00 per day_ C. The City will not issue a ^'', tha �^ license �azlbe- sued to any person desiring to sell his wares from a permanent position or location unless the police chief and the community development director approve, in writing, the position or location. shall have been �t rvpY1roye.a i cirri* -g tl;p ^;*cs ,-,^kems^ nlh;^t �and the ^^m vim;*ter 5.04.1430 Right to refuse to issue license. A. The City Clerk may refuse to issue a business license to a person if he or she TheiS-suing official may, if deems it best for the welfare of the citizens and inhabitants of the city. If the City Clerk -refuses to issue a license to a apr that person may not and the per -son so refused shall not engage `� inl anyl refused. business within city limits.'^'" h as een lie ^ lip-PnAp As herein B. If the City Clerk refuses to issue a license, the aggrieved person may Upon refusal to grant a lieense, th . - ?d party shall have the rig • appeal the decision of the city clerk to the city council. The aggrieved person must file the appeal, in writing, with the Citv Clerk within ten days pLopf7ireceiving ',.notice of the decision not to issue a h appeal shag be > the date of o eense—TLelicense. The city council must preview the appeal within 30 days of filing_uppl=eation and tp�/-i�^1 7�reasons for the refusal to license within 30 days 4om the date of the re'eeip - of-the ^�ppe� �' days C. Upon a hearing of the facts, the city council has shall thenhave e the right to either uphold the refusal or accept the application for license upon payment of the basic license fee and any other tax or license imposed upon such business. The council must make its decision within 30 days of the date of their review at a city council meeting. D. The parties are shall be by the decision of the council, subject to the right of appeal to the superior court of the state of Washington, Douglas County. (Ord. 99�Ord. 34§=4, 1980) • 5.04.1540 Issuing official. The citv council charges Th the city clerk shall be the ^fr, ^; ^ l of the eity ��with the duty of issuing ^a� business licensee herein required riri'� x^eta i111V Uo time as instruet^a7 to earr 1 out the terms a— ee-faditions-of this ehapter, (Ord. 99-12 § 1, 1999; -Ord. 305 s i5, 1980) 5.04.1650 Violation — Penalty. A person who violates i a-ny provision of this chapter is shame guilty of a misdemeanor punishable as set 1_1ffoprtt_h1y in E/ WMC 1.20.[010_.; a-s the same exists newer w.^Tx h^ Le -eafte'rC.CIrrGTiCi'ed. (Ord. 09 -1 2 A 1 1TJ'7i 7 Ord. 16T�f 7 • • Sicbn7liki y� jan'� C'alGor Minutes Board of Health Chelan -Douglas Health District November 17, 2014 Doug England, Chair, called the meeting to order at 2:56 p.m. The Chair, Frank Collings, Russell Clark, Ken Stanton, John Bangsund, and Keith Huffaker provided a quorum. Keith Goehner and Steve Jenkins were not able to attend. Consent Agenda Ken Stanton, Douglas County Commissioner, made a motion to approve the consent agenda, which includes the October 20, 2014 Board Meeting Minutes, October Payroll in the amount of $147,606.00, September Benefits in the amount of $47,181.13, payment of 2014 Vouchers o. 2014-0505 — 2014-0552 in the amount of $69,638.24, and the Community Transformation Grant Amendment #1. Russ Clark, Mayor, Rock Island, seconded the motion and it carried unanimously. 0 Program Update Barry Kling, Administrator, reported on Health Care Reform discussions in the region. There was general agreement that Chelan -Douglas Health District should participate in discussions with Okanogan and Grant Counties to move toward creation of an Accountable Community of Health. The next step in this is to apply for additional planning funds from the Health Care Authority. CDHD has submitted a Letter of Intent for this grant on behalf of the region. None None None 0 Board Discussion Public Comment New Business 4J Board of Health Meeting Minutes November 17, 2014 Page 2 Unfinished Business Diane Forhan, Associate Administrator, Support Services, reported on the 2015 preliminary budget. Ken Stanton, Douglas County Commissioner, made a motion to approve the preliminary budget. Frank Collings, East Wenatchee City Council, seconded the motion and it carried unanimously. The administrator reminded members that staff is willing to sit down with them to explore the budget in more detail if desired. Reports Diane Forhan, Associate Administrator, Support Services, reported that with 83% of the year completed, revenue through October is at 80.6% of budget and expenses are at 92.2% of budget. Ebola preparedness expenses through November 11, 2014 are $29,262.00. Carol McCormick, Associate Administrator, Personal Health Services, referred attendees to the communicable disease, immunization and CSHCN information in • the monthly report. Carol said personal health nurses as well as others have been completing their work and tasks associated with Ebola preparedness work. Carol reported that Suda Soodsaard, P-HAP Associate, Teen Pregnancy and Obesity programs, is off to a great start and has been invited to co-chair the Healthy Living Coalition. In October, the Health District hosted a biannual regional Maternal Child Health meeting. Dr. Spitter, the new Health District TB Consultant, met with the Communicable Disease Coordinator, Epidemiologist, Administrator, and Nursing Director. The meeting was essentially a "get to know you" meeting however Stephanie, Communicable Disease Coordinator, consulted with Dr. Spitters on a possible case as well. Carol reported that Confluence Health currently has no flu vaccine however Columbia Valley Community Health and all area pharmacies have flu vaccine on hand. Confluence is referring patients and expects to have supplies in the near future. Mary Small, Associate Administrator, Community Health and Preparedness, reported that the Ebola planning is taking bites of time from the regular Board of Health Meeting Minutes November 17, 2014 Page 3 • Healthcare Coalition emergency surge planning, but the partnerships across the region are paying off. The local partners in Chelan and Douglas Counties are assisting with response planning as well and a big thank you to all, especially the City of Wenatchee for their support, and many others. Barry Kling, Administrator, presented Resolution 2014-006 Appointing Deputy Health Officers in response to the threat of Ebola virus disease, for Board approval. Russ Clark, Mayor, City of Rock Island, made a motion to elevate the motion to a second reading. Keith Huffaker, Wenatchee City Council, seconded the motion and it carried unanimously. Ken Stanton, Douglas County Commissioner, made a motion to approve Resolution 2014-006 Appointing Deputy Health Officers in response to the threat of Ebola virus disease. Russ Clark seconded the motion and it carried unanimously. The Administrator reported that substantial progress has been made on Ebola preparedness and they are down to one Ebola ICS briefing each week now. Confluence Health is doing a great job on Ebola preparedness and in providing leadership to other hospitals in the area. The Administrator reviewed the EH program update with the board and announced that the Environmental Health Food Program staff broke 1,000 for number of food establishment inspections this year. The Land Use and Onsite programs are back up to 740 permits this year which is comparable to the numbers in 2009. The scheduled executive session to discuss labor negotiations was not needed because there have been no developments in that regard requiring board discussion. Adjournment The Chair adjourned the meeting at 3:30 p.m. Doug England, Chair • • Wenatchee Valley Transportation Council Confluence Technology Center 285 Technology Center Way, Wenatchee December 11th, 2014 — 9:00 A.M. to 11:00 A.M. MEETING MINUTES ATTENDEES: Frank Kuntz, City of Wenatchee Dan Sarles, WSDOT Russell Clark, City of Rock Island Mark Spurgeon, Port of Douglas County Ken Stanton, Douglas County Mike Mackey, Port of Chelan County Steve Lacy, East Wenatchee Keith Goehner; Chelan County STAFF: Jeff Wilkens, Executive Director Nick Manzaro, Transportation Planner Kathy Bruno, Clerk of the Board GUESTS: Mitch Reister, Chelan County ' Greg Pezoldt, E. Wenatchee Josh Fedora, Gray & Osborn ' Mark Botello, City of Cashmere Jeff Gomes, City of Cashmere Rosenda Henley, People for People Paul Mahre,'WSDOT Joel Walinski, City of Leavenworth Dave Bierschbach, WSDOT , Dan Frazier, City of Wenatchee Rosenda Henley, People For People Bob Goedde, City of Chelan 1) CALL TO ORDER Chair Frank Kuntz called the meeting to order at 9:00 a.m. • Introductions were made around the room • The draft agenda was approved unanimously on a motion by Steve Lacy and 2"d by Russell Clark. 2) CONSENT AGENDA The consent agenda included: • The November 13th, 2014 minutes • Monthly Financial Report (October 2014) • Checks numbered 276892-276909 in the amount of $30,382.31 C. 1 • Payroll in the amount of $26,554.60 for November The consent agenda was approved unanimously on a motion by Ken Stanton and 2"d by Steve Lacy. 3) OPEN PUBLIC COMMENT There was no public comment. 4) BUSINESS ITEMS 4(a) Adoption of 2014 Human Services Transportation Coordination Plan Jeff Wilkens explained that this final draft of the plan includes the needs and gaps for the next four years in transit service for the two -county region, and directed the board to page 18 for the table of the projects that they evaluated and ranked last month. The project list will be updated again in 2016 when the state conducts another round of competitive funding for\rural and human services transit projects. The plan was then adopted unanimously on a motion by Dan Sarles and 2"d by Steve Lacy. 4(b) Approval of Letter of Support for the Port of Chelan County Jeff Wilkens reported that he had received a request from the Port of Chelan County for a letter to support their request to the state legislature for $200,000 from the State Capitol Budget, to reconstruct the secondary cross -wind runway at Pangborn Airport. Following discussion the board • directed Mr. Wilkens by consensus to wnte�and send the letter. 4(c) 2015 Legislative Priorities Jeff Wilkens and Dan Sarles discussed the draft list of projects and project summaries with the board, and asked for a final decision to narrow down a short list of the top projects for submittal to the State Legislators. There,was'preliminary action last month to identify the SR 285/North Wenatchee Access'& Safety Improvements,'Phase 1, and SR 28 Sunset Highway Widening Stages 3&4 (Add Lanes 9th-23`d) as the #1, and #2 priorities for the region. After discussion there was a motion by Keith Goehner and 2"d by Mike Mackey to move forward with the top three projects that were previously selected in August 2013, which were North Wenatchee Avenue, SR 28 Sunset Highway and Goodwin Bridge. The motion failed with six no votes and two yes votes (Keith Goehner and Mike Mackey). There then was a unanimous approval of a motion by Russell Clark and 2"d by Keith Goehner to prioritize the top fotr projects with an amendment to remove the pedestrian crossing element of the North Wenatchee Improvements and lower the cost from $40 million to $31 million. The final legislative funding priorities for 2015 are listed below: 1. SR 285/North Wenatchee Access & Safety Improvements, Phase 1 - $31 million 2. SR 28 Sunset Highway Widening Stages 3&4 (Add Lanes 9th-23'd) - $50 million 3. US 2 West Cashmere/Goodwin Bridge Replacement - $6 million 0 4. US 2/97 Cascade Interchange - $19 million 2 J • 5) REPORTS AND DISCUSSION ITEMS (a) Director's Report Jeff Wilkens gave a report on the following: • The new CDTC Interlocal Agreement has been approved by the Assistant Attorney's General Office. • The results of the Cashmere area study will be presented at the January meeting. He would like to have a brief business meeting that includes that presentation followed by a two-hour board retreat with participation of all the small city mayors. Discussion items will include a history review for new members, discussion on strategic options for the Regional Transportation Plan update and developing a policy framework for STP project selection. Lunch will be included. • There was over $6 million in total awards to this area through the Transportation Improvement Board. • The Public Opinion Survey agreement has been approved by WSDOT and should begin in January. • The recruitment process is,underway for the Transportation Planner position, and there are four very good candidates to be interviewed in the next few days. • The Governor has put together his own Transportation Package, but Senate Republican leadership has stated there will have to be a WSDOT reform package before there is support for a revenue package. 9 (b)-Member Roundtable ,The members gave an update on the projects in their jurisdictions. Dan Sarles reported that the details of the Governor's package will be announced on Tuesday. 3 Ar ` I • 6) NEW BUSINESS/ADJOURN- The meeting was adjourned at 10:22 a.m. by Chairman Frank Kuntz. APPROVED ON January 8th, 2015 �� Mike Mackey, Chairman Jeff\Wilkens; Executive Director\�\, _f \ \ /J f! I i 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. 4 CITY OF EAST WENATCHEE J AN X 2 2015 y • RECEIVED � By MISAWA CITY HALL 1-1-38, Sakura-cho, Misawa City, Aomori Prefecture 033-8666, Japan December 4, 2014 Honorable Mayor Steven C Lacy City of East Wenatchee 271 Ninth Street N E. East Wenatchee, WA 98802 Dear Mayor Lacy I hope this letter finds you in excellent health and prosperity in this wonderful winter season. I would like to express my sincere appreciation for your cordial support to our sister -city exchange. I am delighted to hear that our Misawa delegates received a heartfelt welcome and spent a wonderful time during their visit to Wenatchee Valley this October enjoying • canoe nding, visiting school and exchanging with their host family. On the other hand, when your sixteen Wenatchee Valley delegates came to visit Misawa in the mid -August, I had a great time with your delegates which I clearly remember as if it were yesterday It is my hope that we can enjoy the same success in our good relationship for years to come. It is a time to make a schedule for the Misawa's Delegation in the coming year. Next year, I will send a delegation to the Wenatchee Valley from April 301h through May 61h which is the month that Apple Blossom Festival will be held. We will inform you more details of our delegation trip as soon as it is decided I wish you and your family a joyful and prosperous New Year Sincerely, . Kazumasa Taneic i Mayor of Misawa City