HomeMy WebLinkAbout2/16/2021 - City Council - City Council Meeting Agenda Packet - Jerrilea Crawford, MayorIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
2-16-2021 Council Meeting Agenda Page 1 of 2
East Wenatchee City Council Meeting
Tuesday, February 16, 2021
Zoom Meeting
East Wenatchee City Hall
271 9th Street NE
East Wenatchee, WA 98802
Please note, this agenda also serves as the special meeting notice
pursuant to RCW 42.30.080. Due to the Governor’s Proclamation
20-28 related to the COVID-19 emergency and open public
meetings, this meeting is being held remotely.
Phone-in option for the meeting: 253 215 8782, Meeting ID:
828 3231 4428
AGENDA
6:00 p.m. Regular Meeting
Call to Order, Roll Call and Pledge of Allegiance.
1. Consent Items:
Vouchers:
a. Date: 2/16/2021 Checks: 54704 - 54711; 54718 - 54726; 54763 - 54819, in the
amount of $147,404.08, and voided checks: 54673; 56631. Pg. 3
Minutes:
b. 2/2/2021 Council Meeting Minutes. Pg. 33
Motion by City Council to approve agenda, vouchers, and minutes from previous
meetings.
2. Citizen Requests/Comments.
The “Citizen Comments” period is to provide the opportunity for members of the public to address the Council on items not listed on
the agenda. The Mayor will ask if there are any citizens wishing to address the Council. When recognized, please step up to the
microphone, give your name and mailing address, and state the matter of your interest. If your interest is an agenda item, the Mayor
may suggest that your comments wait until that time. Citizen comments will be limited to three minutes.
3. Presentations. None.
4. Department Report.
a. Legal Department Legislative Update – Devin Poulson, City Attorney.
5. Mayor’s Report.
a. COVID-19 Update.
b. Council Workshop has been moved to Thursday, February 25, 2021, 5:30 pm.
2/16/2021 City Council Agenda Packet
Page 1 of 188
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
2-16-2021 Council Meeting Agenda Page 2 of 2
6. Action Items.
a. A first reading of Ordinance 2021-03, adopting amendments to chapter 17.70 of the
East Wenatchee Municipal Code regulating the acceptance of applications for use
permits, wireless telecommunications facility permits, building permits, eligible
facilities modification, and small cell facilities - Lori Barnett, Community
Development Director. Pg. 38
First reading – request to suspend second reading.
Motion by City Council to approve Ordinance 2021-03 as presented.
b. 2021 RH2 Engineering General Services Contract – Tom Wachholder, Project
Development Manager. Pg. 128
Motion by City Council to authorize the Mayor to execute the attached 2021 RH2
Engineering General Services Contract.
c. Grant from the Washington State Department of Ecology for the required 2021
Review & Update to the Shoreline Master Program and the agreement between the
State of Washington Department of Ecology and City of East Wenatchee (Agreement
No. SEASMP-1921-Ewena-00118) for the Shorelands Shoreline Master Program –
Lori Barnett, Community Development Director. Pg. 138
Motion by City Council to approve the Mayor’s signature on the Shorelands
Shoreline Master Program Agreement Between the State of Washington
Department of Ecology and City of East Wenatchee.
d. Selection of consultant for Shoreline Master Program (SMP) review and update
project and the Professional Services Agreement with Anchor QEA, LLC. - Lori
Barnett, Community Development Director. Pg. 165
Motion by City Council to approve the selection of Anchor QEA, LLC for Review and
Update of the Shoreline Master Program and authorize the Mayor to sign a
contract for services.
7. Council Reports & Announcements.
a. Reports/New Business of Council Committees
8. Adjournment.
2/16/2021 City Council Agenda Packet
Page 2 of 188
CHECKS: 54704 - 54711; 54718 - 54726; 54763 - 54819
VOIDED CHECKS: 54673; 56631
DEPARTMENT/FUND AMOUNT
General Fund 001 $131,078.94
Street Fund 101 $8,717.28
Community Dev Grants Funds 102 $416.16
Transportation Benefit District Fund 105 $0.00
Debt Reserve Fund 110 $0.00
Library Fund 112 $359.79
Hotel/Motel Tax Fund 113 $0.00
Drug Fund 114 $0.00
Criminal Justice Fund 116 $0.00
Events Board Fund 117 $80.21
Bond Redemption Fund 202 $0.00
Street Improvements Fund 301 $0.00
Storm Water Improvements 308 $0.00
Capital Improvements Fund 314 $0.00
Stormwater Fund 401 $1,421.01
Equipment R&R Fund 501 $5,030.69
Cafeteria Plan 634 $300.00
Grand Total All Funds $147,404.08
CITY OF EAST WENATCHEE
CHECK REGISTER
February 16, 2021 PAYABLES
2/16/2021 City Council Agenda Packet Page 3 of 188
Fund Number Description Amount
001 General Fund $131,078.94
101 Street Fund $8,717.28
102 Community Development Grants Fund $416.16
112 Library Fund $359.79
117 Events Board Fund $80.21
401 Stormwater Fund $1,421.01
501 Equipment Purchase, Repair & Replacement Fund $5,030.69
634 Cafeteria Plan $300.00
Count: 8 $147,404.08
Fund Transaction Summary
Transaction Type: Invoice
Fiscal: 2021 - February 2021 - February 2021 2nd Council
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East Wenatchee - Fund Transaction Summary
2/16/2021 City Council Agenda Packet
Page 4 of 188
Vendor Number Reference Account Number Description Amount
911 Supply Inc
54763 2021 - February 2021 - February 2021 2nd Council
INV-2-8091
Police/Uniform Supplies
001-000-210-521-10-35-00 Small Tools & Equipment $326.22
Total INV-2-8091 $326.22
INV-2-8092
Police/Uniform Supplies
001-000-210-521-10-35-00 Small Tools & Equipment $212.23
Total INV-2-8092 $212.23
INV-2-8296
Police/Uniform Supplies
001-000-210-521-10-35-00 Small Tools & Equipment $115.01
Total INV-2-8296 $115.01
INV-2-8364
Police/Uniform Supplies
001-000-210-521-10-35-00 Small Tools & Equipment $214.81
Total INV-2-8364 $214.81
Total 54763 $868.27
Total 911 Supply Inc $868.27
AG Supply Company INC
54764 2021 - February 2021 - February 2021 2nd Council
470265
Street/Bulk Gas
101-000-420-542-30-30-00 Supplies - Roadway $13.60
Total 470265 $13.60
470298
Street/Park Supplies
101-000-420-542-75-30-00 Supplies - City Parks $64.94
Total 470298 $64.94
470337
Street/Roadside Supplies
101-000-420-542-70-30-00 Supplies - Roadside $35.28
Total 470337 $35.28
Voucher Directory
Fiscal: : 2021 - February 2021
Council Date: : 2021 - February 2021 - February 2021 2nd Council
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East Wenatchee - Voucher Directory 2/16/2021 City Council Agenda Packet Page 5 of 188
Vendor Number Reference Account Number Description Amount
470381
Street/Roadside Supplies
101-000-420-542-70-30-00 Supplies - Roadside $27.06
Total 470381 $27.06
470546
Street/Bulk Gas
101-000-420-542-30-30-00 Supplies - Roadway $4.86
Total 470546 $4.86
470551
Street/Shop Supplies
101-000-430-543-30-30-00 Supplies - General Services $17.32
Total 470551 $17.32
470591
Street/Roadside Supplies
101-000-420-542-70-30-00 Supplies - Roadside $30.31
Total 470591 $30.31
470601
Street/Roadside Supplies
101-000-420-542-70-30-00 Supplies - Roadside $40.05
Total 470601 $40.05
470696
Street/Shop Supplies
101-000-430-543-50-30-00 Supplies - Facilities $6.49
Total 470696 $6.49
470711
Street/Roadside Supplies
101-000-420-542-70-30-00 Supplies - Roadside $10.38
Total 470711 $10.38
470798
Street/Park Supplies
101-000-420-542-75-30-00 Supplies - City Parks $45.48
Total 470798 $45.48
470816
Street/Roadside Supplies
101-000-420-542-70-48-00 Repairs & Maintenance - Roadside $4.32
Total 470816 $4.32
471069
Street/Park Supplies
101-000-420-542-75-47-00 Utilities - City Parks $4.73
Total 471069 $4.73
471090
Street/Park Supplies
101-000-420-542-75-30-00 Supplies - City Parks $17.32
Total 471090 $17.32
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East Wenatchee - Voucher Directory 2/16/2021 City Council Agenda Packet Page 6 of 188
Vendor Number Reference Account Number Description Amount
Invoice - 2/9/2021 10:33:45 AM
Police/Fuel
001-000-210-521-10-32-00 Fuel Consumed $3,442.93
Total Invoice - 2/9/2021 10:33:45 AM $3,442.93
Invoice - 2/9/2021 11:47:17 AM
Street/Fuel
101-000-420-542-30-30-00 Supplies - Roadway $114.58
101-000-420-542-66-30-00 Supplies - Snow & Ice Control $1,032.34
101-000-420-542-69-30-00 Supplies - Flags/Banners $68.97
101-000-420-542-75-30-00 Supplies - City Parks $123.41
Total Invoice - 2/9/2021 11:47:17 AM $1,339.30
Invoice - 2/9/2021 9:44:13 AM
Code/Fuel
001-000-590-558-50-32-00 Fuel Consumed $30.67
Total Invoice - 2/9/2021 9:44:13 AM $30.67
Invoice - 2/9/2021 9:55:29 AM
Stormwater/Fuel
401-000-008-531-00-30-07 Fuel $88.59
Total Invoice - 2/9/2021 9:55:29 AM $88.59
Total 54764 $5,223.63
Total AG Supply Company INC $5,223.63
Airespring Inc
54765 2021 - February 2021 - February 2021 2nd Council
145066890
City Hall Phone Lines
001-000-141-514-20-42-01 Telephone Line Charges $1,053.07
Total 145066890 $1,053.07
Total 54765 $1,053.07
Total Airespring Inc $1,053.07
Alan J. Key dba: CWPI LLC.
54766 2021 - February 2021 - February 2021 2nd Council
Invoice - 2/9/2021 12:49:00 PM
Police/New Hire Polygraph Test
001-000-210-521-10-41-00 Professional Services $175.00
Total Invoice - 2/9/2021 12:49:00 PM $175.00
Total 54766 $175.00
Total Alan J. Key dba: CWPI LLC.$175.00
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East Wenatchee - Voucher Directory 2/16/2021 City Council Agenda Packet Page 7 of 188
Vendor Number Reference Account Number Description Amount
American Building Maintenance CO
54767 2021 - February 2021 - February 2021 2nd Council
15841144
February 2021 Janitorial Services
001-000-180-518-30-41-01 Contracted Custodial Services $2,426.74
Total 15841144 $2,426.74
Total 54767 $2,426.74
Total American Building Maintenance CO $2,426.74
Banner Bank Mastercard
54768 2021 - February 2021 - February 2021 2nd Council
Invoice - 2/4/2021 10:01:44 AM
Street/Shop Supplies
101-000-430-543-50-30-00 Supplies - Facilities $86.62
Total Invoice - 2/4/2021 10:01:44 AM $86.62
Invoice - 2/4/2021 10:03:34 AM
Background Check
001-000-139-518-10-40-07 Pre-Employment Services $11.00
Total Invoice - 2/4/2021 10:03:34 AM $11.00
Invoice - 2/4/2021 10:32:06 AM
Summit Membership
001-000-139-518-10-40-01 Membership Dues & Publications $216.60
Total Invoice - 2/4/2021 10:32:06 AM $216.60
Invoice - 2/4/2021 10:32:54 AM
Finance/Forms
001-000-142-514-20-31-00 Office Supplies $20.57
Total Invoice - 2/4/2021 10:32:54 AM $20.57
Invoice - 2/4/2021 10:35:01 AM
Finance/Forms
001-000-142-514-20-31-00 Office Supplies $20.57
Total Invoice - 2/4/2021 10:35:01 AM $20.57
Invoice - 2/4/2021 10:35:30 AM
Finance/W2 Forms
001-000-142-514-20-31-00 Office Supplies $61.71
Total Invoice - 2/4/2021 10:35:30 AM $61.71
Invoice - 2/4/2021 10:37:33 AM
Adobe Membership
001-000-145-594-14-60-20 Capital - PC Software Admin $110.40
Total Invoice - 2/4/2021 10:37:33 AM $110.40
Invoice - 2/4/2021 10:43:35 AM
Events/Social Media
117-000-500-557-30-44-01 Christmas - Advertising $3.99
Total Invoice - 2/4/2021 10:43:35 AM $3.99
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East Wenatchee - Voucher Directory 2/16/2021 City Council Agenda Packet Page 8 of 188
Vendor Number Reference Account Number Description Amount
Invoice - 2/4/2021 9:32:45 AM
Wellness
001-000-001-518-91-30-00 Wellness $9.74
Total Invoice - 2/4/2021 9:32:45 AM $9.74
Invoice - 2/4/2021 9:33:20 AM
Background Check
001-000-139-518-10-40-07 Pre-Employment Services $11.00
Total Invoice - 2/4/2021 9:33:20 AM $11.00
Invoice - 2/4/2021 9:35:18 AM
Background Check
001-000-110-511-60-47-00 Background Check Costs $11.00
Total Invoice - 2/4/2021 9:35:18 AM $11.00
Invoice - 2/4/2021 9:37:16 AM
Background Check
001-000-110-511-60-47-00 Background Check Costs $11.00
Total Invoice - 2/4/2021 9:37:16 AM $11.00
Invoice - 2/4/2021 9:37:39 AM
Background Check
001-000-110-511-60-47-00 Background Check Costs $11.00
Total Invoice - 2/4/2021 9:37:39 AM $11.00
Invoice - 2/4/2021 9:38:02 AM
Background Check
001-000-110-511-60-47-00 Background Check Costs $11.00
Total Invoice - 2/4/2021 9:38:02 AM $11.00
Invoice - 2/4/2021 9:41:47 AM
Permit Tech Job Advertising
001-000-139-518-10-40-03 Advertising $229.00
Total Invoice - 2/4/2021 9:41:47 AM $229.00
Invoice - 2/4/2021 9:44:00 AM
Street/Snow and Ice Supplies
101-000-420-542-66-48-00 Repairs & Maintenance - Snow & Ice Control $233.79
Total Invoice - 2/4/2021 9:44:00 AM $233.79
Invoice - 2/4/2021 9:53:56 AM
Street/Vehicle Repairs and Maintenance
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $155.90
Total Invoice - 2/4/2021 9:53:56 AM $155.90
Invoice - 2/4/2021 9:56:09 AM
City Clerk/Training
001-000-140-514-20-40-00 Training $49.00
Total Invoice - 2/4/2021 9:56:09 AM $49.00
Invoice - 2/4/2021 9:59:35 AM
Events/Social Media
117-000-100-557-30-41-00 Professional Services $12.95
Total Invoice - 2/4/2021 9:59:35 AM $12.95
Total 54768 $1,276.84
Total Banner Bank Mastercard $1,276.84
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East Wenatchee - Voucher Directory 2/16/2021 City Council Agenda Packet Page 9 of 188
Vendor Number Reference Account Number Description Amount
Battery Systems Inc
54769 2021 - February 2021 - February 2021 2nd Council
4698670
Street/Vehicle Repairs and Maintenance
501-000-000-542-90-48-25 Street Vehicle Repair Supplies $64.93
Total 4698670 $64.93
6348956
Street/Vehicle Repairs and Maintenance
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $64.93
Total 6348956 $64.93
6356982
Street/Vehicle Repairs and Maintenance (Credit)
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance ($152.87)
Total 6356982 ($152.87)
6364989
Police/Vehicel Repairs and Maintenance
501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $141.15
Total 6364989 $141.15
6365007
Police/Vehicle Repairs and Maintenance
501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $141.15
Total 6365007 $141.15
Total 54769 $259.29
Total Battery Systems Inc $259.29
Bi-Mart Corporation
54770 2021 - February 2021 - February 2021 2nd Council
376564200
Pollice/Office Supplies
001-000-210-521-10-35-00 Small Tools & Equipment $9.71
Total 376564200 $9.71
Total 54770 $9.71
Total Bi-Mart Corporation $9.71
Cascade Auto Center Inc
54771 2021 - February 2021 - February 2021 2nd Council
481010
Police/Vehicle Repairs and Maintenance
501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $305.59
Total 481010 $305.59
Total 54771 $305.59
Total Cascade Auto Center Inc $305.59
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East Wenatchee - Voucher Directory 2/16/2021 City Council Agenda Packet Page 10 of 188
Vendor Number Reference Account Number Description Amount
Cascade Natural Gas Corp
54709 2021 - February 2021 - February 2021 2nd Council
Invoice - 1/28/2021 10:42:24 AM
Street/Gas
101-000-430-543-50-47-00 Utilities - Facilities $284.29
Total Invoice - 1/28/2021 10:42:24 AM $284.29
Total 54709 $284.29
54710 2021 - February 2021 - February 2021 2nd Council
Invoice - 1/28/2021 10:42:42 AM
Shop/Gas
101-000-430-543-50-47-00 Utilities - Facilities $464.00
Total Invoice - 1/28/2021 10:42:42 AM $464.00
Total 54710 $464.00
Total Cascade Natural Gas Corp $748.29
Cdw Government, Inc
54772 2021 - February 2021 - February 2021 2nd Council
7136566
IT/Computer Software
001-000-145-594-14-60-25 Capital - PC Hardware Admin $142.17
Total 7136566 $142.17
7197203
IT/Computer Software
001-000-145-594-14-60-25 Capital - PC Hardware Admin $174.89
Total 7197203 $174.89
7267888
IT/Computer Software
001-000-145-594-14-60-25 Capital - PC Hardware Admin $64.46
Total 7267888 $64.46
7291891
IT/Computer Software
001-000-145-594-14-60-25 Capital - PC Hardware Admin $34.88
Total 7291891 $34.88
Total 54772 $416.40
Total Cdw Government, Inc $416.40
CIAW Clear Risk Solutions
54773 2021 - February 2021 - February 2021 2nd Council
2020-34531
Radar Trailer Insurance
001-000-210-521-10-46-00 Insurance $301.39
Total 2020-34531 $301.39
Total 54773 $301.39
Total CIAW Clear Risk Solutions $301.39
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East Wenatchee - Voucher Directory 2/16/2021 City Council Agenda Packet Page 11 of 188
Vendor Number Reference Account Number Description Amount
Cinta's Corporation 607
54774 2021 - February 2021 - February 2021 2nd Council
4071953362
Police/Safewasher Mobile Service
001-000-210-521-10-41-00 Professional Services $327.08
Total 4071953362 $327.08
4072593190
Street/Safewasher Mobile Service
001-000-210-521-10-48-00 Repairs & Maintenance $40.02
101-000-430-543-30-30-00 Supplies - General Services $45.84
Total 4072593190 $85.86
4073299078
Street/Safewasher Mobile Service
001-000-210-521-10-48-00 Repairs & Maintenance $175.32
101-000-430-543-30-30-00 Supplies - General Services $57.75
Total 4073299078 $233.07
4073299097
Street/Blue Mat Services
001-000-210-521-10-48-00 Repairs & Maintenance $111.77
101-000-430-543-30-30-00 Supplies - General Services $48.50
Total 4073299097 $160.27
4073905076
Street/Safewasher Mobile Service
001-000-210-521-10-48-00 Repairs & Maintenance $40.02
101-000-430-543-30-30-00 Supplies - General Services $45.84
Total 4073905076 $85.86
Invoice - 2/10/2021 10:20:43 AM
Credit
101-000-430-543-30-30-00 Supplies - General Services ($13.04)
Total Invoice - 2/10/2021 10:20:43 AM ($13.04)
Total 54774 $879.10
Total Cinta's Corporation 607 $879.10
Classic One East
54775 2021 - February 2021 - February 2021 2nd Council
84913
Police/Uniform Dry Cleaning
001-000-210-521-10-49-02 Dry Cleaning Services $72.02
Total 84913 $72.02
85001
Police/Uniform Dry Cleaning
001-000-210-521-10-49-02 Dry Cleaning Services $51.98
Total 85001 $51.98
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East Wenatchee - Voucher Directory 2/16/2021 City Council Agenda Packet Page 12 of 188
Vendor Number Reference Account Number Description Amount
85191
Police/Uniform Dry Cleaning
001-000-210-521-10-49-02 Dry Cleaning Services $8.66
Total 85191 $8.66
Total 54775 $132.66
Total Classic One East $132.66
Community Foundation of Ncw
54776 2021 - February 2021 - February 2021 2nd Council
302305
IDC Sponsorship
001-000-001-558-70-40-00 Contributions - Region $5,000.00
Total 302305 $5,000.00
Total 54776 $5,000.00
Total Community Foundation of Ncw $5,000.00
Compunet, Inc
54777 2021 - February 2021 - February 2021 2nd Council
160537
IT/Office 365 Monthly Subscription
001-000-145-594-14-60-20 Capital - PC Software Admin $1,531.85
Total 160537 $1,531.85
Total 54777 $1,531.85
Total Compunet, Inc $1,531.85
DeVries Business Records Management Inc
54778 2021 - February 2021 - February 2021 2nd Council
0130339
Police/On-Site Record Destruction
001-000-210-521-10-41-00 Professional Services $60.99
Total 0130339 $60.99
Total 54778 $60.99
Total DeVries Business Records Management Inc $60.99
Discount Auto Glass
54779 2021 - February 2021 - February 2021 2nd Council
2601
Planning/Vehicle Repairs
001-000-580-558-60-48-00 Repairs & Maintenance $401.18
Total 2601 $401.18
Total 54779 $401.18
Total Discount Auto Glass $401.18
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East Wenatchee - Voucher Directory 2/16/2021 City Council Agenda Packet Page 13 of 188
Vendor Number Reference Account Number Description Amount
Douglas CO Sewer District
54707 2021 - February 2021 - February 2021 2nd Council
Invoice - 1/28/2021 10:41:23 AM
Utilities
001-000-180-518-30-47-00 Utilities $39.61
Total Invoice - 1/28/2021 10:41:23 AM $39.61
Total 54707 $39.61
54718 2021 - February 2021 - February 2021 2nd Council
Invoice - 2/3/2021 11:28:44 AM
Utilities
001-000-180-518-30-47-00 Utilities $86.00
Total Invoice - 2/3/2021 11:28:44 AM $86.00
Invoice - 2/3/2021 11:29:14 AM
Utilities
001-000-180-518-30-47-00 Utilities $86.00
Total Invoice - 2/3/2021 11:29:14 AM $86.00
Invoice - 2/3/2021 11:30:08 AM
Utilities
001-000-180-518-30-47-00 Utilities $96.00
Total Invoice - 2/3/2021 11:30:08 AM $96.00
Invoice - 2/3/2021 11:31:14 AM
Utilities
001-000-180-518-30-47-00 Utilities $141.90
112-000-000-572-50-47-00 Facilities - Utilities $141.90
Total Invoice - 2/3/2021 11:31:14 AM $283.80
Total 54718 $551.80
Total Douglas CO Sewer District $591.41
Douglas County PUD
54705 2021 - February 2021 - February 2021 2nd Council
Invoice - 1/28/2021 10:35:40 AM
Utilities
001-000-180-518-30-47-00 Utilities $1,608.11
101-000-420-542-63-47-00 Utilities - Street Lighting $256.00
101-000-420-542-64-47-00 Utilities - Traffic Control Devices $50.00
101-000-420-542-75-47-00 Utilities - City Parks $46.00
101-000-430-543-50-47-00 Utilities - Facilities $127.00
112-000-000-572-50-47-00 Facilities - Utilities $217.89
Total Invoice - 1/28/2021 10:35:40 AM $2,305.00
Invoice - 1/28/2021 10:40:18 AM
Metered Lighting
001-000-180-518-30-47-00 Utilities $21.00
Total Invoice - 1/28/2021 10:40:18 AM $21.00
Total 54705 $2,326.00
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East Wenatchee - Voucher Directory 2/16/2021 City Council Agenda Packet Page 14 of 188
Vendor Number Reference Account Number Description Amount
54726 2021 - February 2021 - February 2021 2nd Council
Invoice - 2/9/2021 10:37:59 AM
Utilities
101-000-420-542-63-47-00 Utilities - Street Lighting $1,574.00
101-000-420-542-64-47-00 Utilities - Traffic Control Devices $187.00
Total Invoice - 2/9/2021 10:37:59 AM $1,761.00
Invoice - 2/9/2021 10:43:03 AM
Utilities
001-000-180-518-30-47-00 Utilities $33.00
Total Invoice - 2/9/2021 10:43:03 AM $33.00
Total 54726 $1,794.00
Total Douglas County PUD $4,120.00
Doug's Diesel Repair Inc
54711 2021 - February 2021 - February 2021 2nd Council
48193
Street/Vehicle Repairs and Maintenance
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $201.50
Total 48193 $201.50
Total 54711 $201.50
54780 2021 - February 2021 - February 2021 2nd Council
48039
Street/Vehicle Repairs and Maintenance
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $168.40
Total 48039 $168.40
48065
Stormwater/Vehicle Repair and Maintenance
401-000-008-531-00-40-04 Repairs & Maint. - NPDES PPGH $1,272.57
Total 48065 $1,272.57
48250
Street/Vehicle Repairs and Maintenance
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $310.28
Total 48250 $310.28
Total 54780 $1,751.25
Total Doug's Diesel Repair Inc $1,952.75
East Wenatchee Water Dist
54706 2021 - February 2021 - February 2021 2nd Council
Invoice - 1/28/2021 10:40:51 AM
Utilities
101-000-420-542-75-47-00 Utilities - City Parks $25.87
Total Invoice - 1/28/2021 10:40:51 AM $25.87
Total 54706 $25.87
Printed by EASTWENATCHEE\ASchulz on 2/10/2021 11:52:02 AM Page 11 of 28
East Wenatchee - Voucher Directory 2/16/2021 City Council Agenda Packet Page 15 of 188
Vendor Number Reference Account Number Description Amount
54781 2021 - February 2021 - February 2021 2nd Council
Invoice - 2/9/2021 12:45:11 PM
Water Break Repairs
101-000-420-542-75-47-00 Utilities - City Parks $1,273.85
Total Invoice - 2/9/2021 12:45:11 PM $1,273.85
Total 54781 $1,273.85
Total East Wenatchee Water Dist $1,299.72
Eastmont Body Shop, Inc
54782 2021 - February 2021 - February 2021 2nd Council
9A
Street/Vehicle Repairs
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $1,204.30
Total 9A $1,204.30
Total 54782 $1,204.30
Total Eastmont Body Shop, Inc $1,204.30
Fastenal Company
54783 2021 - February 2021 - February 2021 2nd Council
WAWEN223726
Street/Vehicle Repairs and Maintenance
501-000-000-542-90-48-25 Street Vehicle Repair Supplies $36.46
Total WAWEN223726 $36.46
WAWEN223828
Street/Snow and Ice Control
101-000-420-542-66-30-00 Supplies - Snow & Ice Control $1,033.86
Total WAWEN223828 $1,033.86
Total 54783 $1,070.32
Total Fastenal Company $1,070.32
Galls, LLC
54784 2021 - February 2021 - February 2021 2nd Council
017397237
Police/Uniform Supplies
001-000-210-521-10-35-00 Small Tools & Equipment $287.00
Total 017397237 $287.00
Total 54784 $287.00
Total Galls, LLC $287.00
Printed by EASTWENATCHEE\ASchulz on 2/10/2021 11:52:02 AM Page 12 of 28
East Wenatchee - Voucher Directory 2/16/2021 City Council Agenda Packet Page 16 of 188
Vendor Number Reference Account Number Description Amount
Graphics & Glass
54785 2021 - February 2021 - February 2021 2nd Council
18318
Police/Vehicle Repairs and Maintenance
501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $124.55
Total 18318 $124.55
Total 54785 $124.55
Total Graphics & Glass $124.55
Haglund's Trophies
54786 2021 - February 2021 - February 2021 2nd Council
64488
Police/Plastic Sign
001-000-210-521-10-35-00 Small Tools & Equipment $18.99
Total 64488 $18.99
64507
Police/Name Plate
001-000-210-521-10-35-00 Small Tools & Equipment $71.01
Total 64507 $71.01
Total 54786 $90.00
Total Haglund's Trophies $90.00
In-Print
54787 2021 - February 2021 - February 2021 2nd Council
3302
Police/Business Cards Fauconnier
001-000-210-521-10-31-00 Office Supplies $81.23
Total 3302 $81.23
Total 54787 $81.23
Total In-Print $81.23
Intoximeters
54788 2021 - February 2021 - February 2021 2nd Council
672906
Police/On-Duty Supplies
001-000-210-521-10-49-00 Miscellaneous $236.64
Total 672906 $236.64
Total 54788 $236.64
Total Intoximeters $236.64
Ising Inc.-dba Cascade Quality Water
54789 2021 - February 2021 - February 2021 2nd Council
Invoice - 2/9/2021 12:21:57 PM
City Hall/Drinking Water
001-000-001-518-91-30-00 Wellness $23.87
Total Invoice - 2/9/2021 12:21:57 PM $23.87
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East Wenatchee - Voucher Directory 2/16/2021 City Council Agenda Packet Page 17 of 188
Vendor Number Reference Account Number Description Amount
Invoice - 2/9/2021 9:42:40 AM
City Hall/Drinking Water
001-000-001-518-91-30-00 Wellness $174.73
Total Invoice - 2/9/2021 9:42:40 AM $174.73
Total 54789 $198.60
Total Ising Inc.-dba Cascade Quality Water $198.60
Jerry's Auto Supply
54790 2021 - February 2021 - February 2021 2nd Council
893526
Street/Vehicle Repair and Maintenance
101-000-420-542-75-48-00 Repairs & Maintenance - City Parks $53.65
Total 893526 $53.65
898158
Police/Vehicle Repair and Maintenance
501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $101.83
Total 898158 $101.83
898739
Street/Vehicle Repair and Maintenance
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $50.67
Total 898739 $50.67
899910
Street/Park Supplies and Maintenance
101-000-420-542-75-30-00 Supplies - City Parks $493.83
Total 899910 $493.83
900707
Street/Vehicle Repairs and Maintenance
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $51.77
Total 900707 $51.77
902169
Street/Vehicle Repairs and Maintenance
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $206.93
Total 902169 $206.93
902184
Street/Vehicle Repairs and Maintenance
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $24.65
Total 902184 $24.65
Total 54790 $983.33
Total Jerry's Auto Supply $983.33
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East Wenatchee - Voucher Directory 2/16/2021 City Council Agenda Packet Page 18 of 188
Vendor Number Reference Account Number Description Amount
Kelley Connect
54791 2021 - February 2021 - February 2021 2nd Council
28476327
City Clerk/Copier Fees
001-000-141-514-20-31-01 Office Machine Costs $318.92
Total 28476327 $318.92
Total 54791 $318.92
Total Kelley Connect $318.92
Kottkamp & Yedinak, Pllc
54720 2021 - February 2021 - February 2021 2nd Council
Invoice - 2/4/2021 2:00:55 PM
January 2021 Public Defender Fees
001-000-110-511-60-21-50 Public Defender $5,925.00
Total Invoice - 2/4/2021 2:00:55 PM $5,925.00
Total 54720 $5,925.00
Total Kottkamp & Yedinak, Pllc $5,925.00
Language Line Services, Inc
54792 2021 - February 2021 - February 2021 2nd Council
4939339
Police/Interpreter Services
001-000-210-521-10-41-00 Professional Services $43.07
Total 4939339 $43.07
Total 54792 $43.07
Total Language Line Services, Inc $43.07
Les Schwab Tire Center Inc
54793 2021 - February 2021 - February 2021 2nd Council
34301147767
Police/Vehicle Repairs and Maintenance
501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $839.95
Total 34301147767 $839.95
34301148217
Planning/Vehicle Repairs and Maintenance
001-000-590-558-50-48-00 Repairs & Maintenance $1,042.49
Total 34301148217 $1,042.49
Total 54793 $1,882.44
Total Les Schwab Tire Center Inc $1,882.44
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East Wenatchee - Voucher Directory 2/16/2021 City Council Agenda Packet Page 19 of 188
Vendor Number Reference Account Number Description Amount
Lexipol, LLC
54794 2021 - February 2021 - February 2021 2nd Council
INVLEX674
Police/Annual Policy Manual and Training Bulletins
001-000-110-511-60-41-00 Professional Services $11,216.00
Total INVLEX674 $11,216.00
Total 54794 $11,216.00
Total Lexipol, LLC $11,216.00
Miguel Valdez
54795 2021 - February 2021 - February 2021 2nd Council
Invoice - 1/28/2021 10:28:10 AM
Police/Clothing Allowance 2021
001-000-210-521-10-20-01 Clothing Allowance $272.90
Total Invoice - 1/28/2021 10:28:10 AM $272.90
Total 54795 $272.90
Total Miguel Valdez $272.90
Moon Security
54796 2021 - February 2021 - February 2021 2nd Council
1066885
Police/Security Surveillance
001-000-210-521-10-41-00 Professional Services $39.06
Total 1066885 $39.06
Total 54796 $39.06
Total Moon Security $39.06
Motorola Solutions
54797 2021 - February 2021 - February 2021 2nd Council
16136717
Police/New Vehicle Radios
001-000-210-594-21-60-00 Capital Outlay $7,791.27
Total 16136717 $7,791.27
Total 54797 $7,791.27
Total Motorola Solutions $7,791.27
Numerica Credit Union
54704 2021 - February 2021 - February 2021 2nd Council
Invoice - 1/28/2021 10:00:38 AM
IT/Computer Software
001-000-145-594-14-60-25 Capital - PC Hardware Admin $129.94
Total Invoice - 1/28/2021 10:00:38 AM $129.94
Invoice - 1/28/2021 10:01:05 AM
IT/Computer Software
001-000-145-594-14-60-25 Capital - PC Hardware Admin $2,850.44
Total Invoice - 1/28/2021 10:01:05 AM $2,850.44
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East Wenatchee - Voucher Directory 2/16/2021 City Council Agenda Packet Page 20 of 188
Vendor Number Reference Account Number Description Amount
Invoice - 1/28/2021 10:06:19 AM
Events/Credit
001-000-001-518-91-30-00 Wellness ($140.76)
Total Invoice - 1/28/2021 10:06:19 AM ($140.76)
Invoice - 1/28/2021 10:10:05 AM
Central Stores
001-000-120-512-50-31-01 Central Stores $1,184.96
Total Invoice - 1/28/2021 10:10:05 AM $1,184.96
Invoice - 1/28/2021 10:10:36 AM
Taxi/Background
001-000-139-518-10-40-07 Pre-Employment Services $11.00
Total Invoice - 1/28/2021 10:10:36 AM $11.00
Invoice - 1/28/2021 9:34:37 AM
IT/Computer Software
001-000-145-594-14-60-25 Capital - PC Hardware Admin $129.94
Total Invoice - 1/28/2021 9:34:37 AM $129.94
Invoice - 1/28/2021 9:35:03 AM
IT/Computer Software
001-000-145-594-14-60-25 Capital - PC Hardware Admin $128.86
Total Invoice - 1/28/2021 9:35:03 AM $128.86
Invoice - 1/28/2021 9:35:29 AM
Project Mgmt/Office Supplies
001-000-315-542-10-35-00 Small Tools & Equipment $17.27
Total Invoice - 1/28/2021 9:35:29 AM $17.27
Invoice - 1/28/2021 9:37:26 AM
Project Mgmt/Office Supplies
001-000-315-542-10-35-00 Small Tools & Equipment $17.27
Total Invoice - 1/28/2021 9:37:26 AM $17.27
Invoice - 1/28/2021 9:37:58 AM
Street/Safety Supplies
101-000-430-543-30-30-00 Supplies - General Services $170.89
Total Invoice - 1/28/2021 9:37:58 AM $170.89
Invoice - 1/28/2021 9:41:44 AM
IT/Computer Software
001-000-145-594-14-60-25 Capital - PC Hardware Admin $2,850.44
Total Invoice - 1/28/2021 9:41:44 AM $2,850.44
Invoice - 1/28/2021 9:42:13 AM
Street/WSDA Annual Fee
101-000-430-543-30-49-00 Miscellaneous - General Services $33.99
Total Invoice - 1/28/2021 9:42:13 AM $33.99
Invoice - 1/28/2021 9:45:22 AM
Street/Shop Supplies
101-000-430-543-30-30-00 Supplies - General Services $17.09
Total Invoice - 1/28/2021 9:45:22 AM $17.09
Printed by EASTWENATCHEE\ASchulz on 2/10/2021 11:52:02 AM Page 17 of 28
East Wenatchee - Voucher Directory 2/16/2021 City Council Agenda Packet Page 21 of 188
Vendor Number Reference Account Number Description Amount
Invoice - 1/28/2021 9:50:49 AM
Events/Christmas Supplies
117-000-500-557-30-40-05 Christmas - Events & Decorations $21.61
Total Invoice - 1/28/2021 9:50:49 AM $21.61
Invoice - 1/28/2021 9:51:40 AM
Street/Shop Supplies
001-000-180-518-30-35-00 Small Tools & Equipment $227.84
Total Invoice - 1/28/2021 9:51:40 AM $227.84
Invoice - 1/28/2021 9:52:10 AM
Project Mgmt/Training Supplies
001-000-315-542-10-49-00 Training $96.00
Total Invoice - 1/28/2021 9:52:10 AM $96.00
Invoice - 1/28/2021 9:58:13 AM
IT/Computer Software
001-000-140-514-20-31-00 Office Supplies $64.97
Total Invoice - 1/28/2021 9:58:13 AM $64.97
Invoice - 1/28/2021 9:59:46 AM
Project Mgmt/Training
001-000-315-542-10-49-00 Training $75.00
Total Invoice - 1/28/2021 9:59:46 AM $75.00
Total 54704 $7,886.75
Total Numerica Credit Union $7,886.75
Office Depot Credit Plan
54798 2021 - February 2021 - February 2021 2nd Council
144516663001
City Hall/Office Supplies
001-000-140-514-20-31-01 Central Stores $240.16
Total 144516663001 $240.16
144989426001
City Hall/Office Supplies
001-000-140-514-20-31-01 Central Stores $36.49
Total 144989426001 $36.49
149099600001
City Hall/Office Supplies
001-000-140-514-20-31-01 Central Stores $91.52
Total 149099600001 $91.52
150098610001
Police/Office Supplies
001-000-210-521-10-31-00 Office Supplies $120.37
Total 150098610001 $120.37
150198089001
City Hall/Office Supplies (Credit)
001-000-140-514-20-31-01 Central Stores ($36.49)
Total 150198089001 ($36.49)
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East Wenatchee - Voucher Directory 2/16/2021 City Council Agenda Packet Page 22 of 188
Vendor Number Reference Account Number Description Amount
2464322841
City Hall/Office Supplies
001-000-140-514-20-31-01 Central Stores $92.41
Total 2464322841 $92.41
Total 54798 $544.46
Total Office Depot Credit Plan $544.46
Okanogan County Jail
54799 2021 - February 2021 - February 2021 2nd Council
Invoice - 2/10/2021 9:42:02 AM
Housing of Inmates
001-000-230-523-21-10-00 Housing & Monitoring Prisoners $380.25
Total Invoice - 2/10/2021 9:42:02 AM $380.25
Total 54799 $380.25
Total Okanogan County Jail $380.25
One Call Concepts, Inc
54800 2021 - February 2021 - February 2021 2nd Council
1019068-A
Project Mgmt/Excavation Notices
401-000-008-531-00-40-06 Utilities $18.19
Total 1019068-A $18.19
Total 54800 $18.19
Total One Call Concepts, Inc $18.19
One Stop Package Drop, LLC
54801 2021 - February 2021 - February 2021 2nd Council
Invoice - 2/10/2021 8:48:06 AM
Postage
001-000-210-521-10-42-03 Postage $111.63
Total Invoice - 2/10/2021 8:48:06 AM $111.63
Total 54801 $111.63
Total One Stop Package Drop, LLC $111.63
OneBridge Benefits
54802 2021 - February 2021 - February 2021 2nd Council
470
FInance/2021 Annual Fee
634-000-000-517-31-49-00 Cafe Plan Bank Maintenance Fee $300.00
Total 470 $300.00
Total 54802 $300.00
Total OneBridge Benefits $300.00
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East Wenatchee - Voucher Directory 2/16/2021 City Council Agenda Packet Page 23 of 188
Vendor Number Reference Account Number Description Amount
O'Reilly
54803 2021 - February 2021 - February 2021 2nd Council
2521-194702
Street/Vehicle Repairs and Maintenance
501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $12.76
Total 2521-194702 $12.76
Total 54803 $12.76
Total O'Reilly $12.76
Our Valley, Our Future
54804 2021 - February 2021 - February 2021 2nd Council
20121
Planning/2021 Annual Contribution
001-000-001-558-70-40-00 Contributions - Region $15,000.00
Total 20121 $15,000.00
Total 54804 $15,000.00
Total Our Valley, Our Future $15,000.00
Poltz Fire Protection
54805 2021 - February 2021 - February 2021 2nd Council
124362
Street/Emergency Fire Services
501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $222.02
Total 124362 $222.02
Total 54805 $222.02
Total Poltz Fire Protection $222.02
Positive Concepts/ATPI
54806 2021 - February 2021 - February 2021 2nd Council
0224426-IN
Police/Uniform Supplies
001-000-210-521-10-35-00 Small Tools & Equipment $245.00
Total 0224426-IN $245.00
Total 54806 $245.00
Total Positive Concepts/ATPI $245.00
Ridgeline Graphics Inc
54807 2021 - February 2021 - February 2021 2nd Council
25011
Police/Vehicle Repairs and Maintenance
501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $627.89
Total 25011 $627.89
Total 54807 $627.89
Total Ridgeline Graphics Inc $627.89
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East Wenatchee - Voucher Directory 2/16/2021 City Council Agenda Packet Page 24 of 188
Vendor Number Reference Account Number Description Amount
Rivercom
54721 2021 - February 2021 - February 2021 2nd Council
Invoice - 2/4/2021 1:25:11 PM
January 2021 Dispatch Services
001-000-001-528-70-40-00 River Com $21,770.90
Total Invoice - 2/4/2021 1:25:11 PM $21,770.90
Total 54721 $21,770.90
Total Rivercom $21,770.90
Sedgwick Claims Management Services, Inc
54808 2021 - February 2021 - February 2021 2nd Council
470002531636
Insurance Premiums
001-000-110-511-60-46-00 Insurance $15.62
001-000-111-513-00-40-05 Insurance $15.62
001-000-120-512-50-46-00 Insurance $62.49
001-000-139-518-10-40-04 Insurance $10.42
001-000-140-514-20-46-00 Insurance $10.42
001-000-142-514-20-46-00 Insurance $31.25
001-000-145-514-20-45-00 Insurance $20.83
001-000-151-515-31-46-00 Insurance $15.62
001-000-152-515-31-40-03 Insurance $5.21
001-000-160-521-10-46-00 Insurance $20.83
001-000-180-518-30-46-00 Insurance $41.66
001-000-210-521-10-46-00 Insurance $458.28
001-000-315-542-10-46-00 Insurance $20.83
001-000-580-558-60-46-00 Insurance $41.66
001-000-590-558-50-46-00 Insurance $20.83
101-000-430-543-30-46-00 Insurance $166.65
117-000-105-557-30-40-00 Insurance $41.66
401-000-001-531-00-40-02 Insurance $41.66
Total 470002531636 $1,041.54
Total 54808 $1,041.54
Total Sedgwick Claims Management Services, Inc $1,041.54
The Wenatchee World
54809 2021 - February 2021 - February 2021 2nd Council
AD# 98436
Advertising
001-000-139-518-10-40-03 Advertising $269.04
Total AD# 98436 $269.04
AD# 98650
Advertising
001-000-580-558-60-44-00 Advertising $175.82
Total AD# 98650 $175.82
Printed by EASTWENATCHEE\ASchulz on 2/10/2021 11:52:02 AM Page 21 of 28
East Wenatchee - Voucher Directory 2/16/2021 City Council Agenda Packet Page 25 of 188
Vendor Number Reference Account Number Description Amount
AD# 98805
Advertising
102-000-000-558-70-44-00 CDBG Advertising $225.42
Total AD# 98805 $225.42
AD# 98808
Advertising
102-000-000-558-70-44-00 CDBG Advertising $190.74
Total AD# 98808 $190.74
AD# 98816
Advertising
001-000-580-558-60-44-00 Advertising $121.38
Total AD# 98816 $121.38
AD# 98940
Advertising
001-000-140-514-20-44-00 Advertising $110.28
Total AD# 98940 $110.28
AD# 98956
Advertising
001-000-139-518-10-40-03 Advertising $104.38
Total AD# 98956 $104.38
Invoice - 2/10/2021 9:17:38 AM
Credit
001-000-140-514-20-44-00 Advertising ($88.14)
Total Invoice - 2/10/2021 9:17:38 AM ($88.14)
Total 54809 $1,108.92
Total The Wenatchee World $1,108.92
Tony Ditommaso PS
54724 2021 - February 2021 - February 2021 2nd Council
Invoice - 2/4/2021 1:55:24 PM
January 2021 Public Defender Services
001-000-110-511-60-21-50 Public Defender $5,925.00
Total Invoice - 2/4/2021 1:55:24 PM $5,925.00
Total 54724 $5,925.00
Total Tony Ditommaso PS $5,925.00
Town Ford Inc
54810 2021 - February 2021 - February 2021 2nd Council
FOCS38356
Police/Vehicle Repair and Maintenance
501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $463.11
Total FOCS38356 $463.11
Invoice - 2/9/2021 12:56:37 PM
Credit
501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance ($203.21)
Total Invoice - 2/9/2021 12:56:37 PM ($203.21)
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East Wenatchee - Voucher Directory 2/16/2021 City Council Agenda Packet Page 26 of 188
Vendor Number Reference Account Number Description Amount
Invoice - 2/9/2021 12:57:00 PM
Credit
501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance ($133.95)
Total Invoice - 2/9/2021 12:57:00 PM ($133.95)
Total 54810 $125.95
Total Town Ford Inc $125.95
Uline
54811 2021 - February 2021 - February 2021 2nd Council
129814549
Police/Evidence Supplies
001-000-210-521-10-35-00 Small Tools & Equipment $614.46
Total 129814549 $614.46
Total 54811 $614.46
Total Uline $614.46
Valley Tractor And
54812 2021 - February 2021 - February 2021 2nd Council
9296588
Street/Tractor Blade
101-000-420-542-75-30-00 Supplies - City Parks $79.57
Total 9296588 $79.57
9297207
Street/Snow Plow
101-000-420-542-66-48-00 Repairs & Maintenance - Snow & Ice Control $157.18
Total 9297207 $157.18
Total 54812 $236.75
Total Valley Tractor And $236.75
Verizon Wireless
54813 2021 - February 2021 - February 2021 2nd Council
Invoice - 2/9/2021 12:42:50 PM
Police/Cell Phones
001-000-210-521-10-42-01 Telephone $2,722.01
Total Invoice - 2/9/2021 12:42:50 PM $2,722.01
Total 54813 $2,722.01
Total Verizon Wireless $2,722.01
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Vendor Number Reference Account Number Description Amount
Vision Forms, LLC
54814 2021 - February 2021 - February 2021 2nd Council
5978
Finance/Payroll
001-000-142-514-20-31-00 Office Supplies $296.01
Total 5978 $296.01
Total 54814 $296.01
Total Vision Forms, LLC $296.01
Wash ST Dept of Licensing
54719 2021 - February 2021 - February 2021 2nd Council
EWP002056 Williams-A
Late Fee
001-001-000-589-30-00-15 State Share of Permits & Licenses $3.00
Total EWP002056 Williams-A $3.00
Total 54719 $3.00
54815 2021 - February 2021 - February 2021 2nd Council
EWP002020 Smith
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP002020 Smith $18.00
EWP002070 Pinard
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP002070 Pinard $18.00
EWP002078 Spies
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP002078 Spies $18.00
EWP002079 Spies
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP002079 Spies $18.00
EWP002080 Kottke
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP002080 Kottke $18.00
EWP002081 Post
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP002081 Post $18.00
EWP002082 Post
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP002082 Post $18.00
Printed by EASTWENATCHEE\ASchulz on 2/10/2021 11:52:02 AM Page 24 of 28
East Wenatchee - Voucher Directory 2/16/2021 City Council Agenda Packet Page 28 of 188
Vendor Number Reference Account Number Description Amount
EWP002083 Macias
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP002083 Macias $18.00
EWP002084 Macias
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP002084 Macias $18.00
EWP002085 Marvel
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP002085 Marvel $18.00
EWP002086 Fisher
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP002086 Fisher $18.00
EWP002087 Culp
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP002087 Culp $18.00
EWP002088 Cooper
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP002088 Cooper $18.00
EWP002089 Sanchez
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP002089 Sanchez $18.00
EWP002090 Hachez
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP002090 Hachez $18.00
EWP002091 Cheek
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP002091 Cheek $18.00
EWP002092 Fowler
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP002092 Fowler $18.00
EWP002094 Arnold
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP002094 Arnold $18.00
Printed by EASTWENATCHEE\ASchulz on 2/10/2021 11:52:02 AM Page 25 of 28
East Wenatchee - Voucher Directory 2/16/2021 City Council Agenda Packet Page 29 of 188
Vendor Number Reference Account Number Description Amount
EWP002095 Johnson
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP002095 Johnson $18.00
EWP002096 Lopeman
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP002096 Lopeman $18.00
EWP002097 Lopeman
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP002097 Lopeman $18.00
EWP002098 Crowder
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP002098 Crowder $18.00
EWP002099 Plinski
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP002099 Plinski $18.00
EWP002100 Plinski
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP002100 Plinski $18.00
EWP002101 Crowder
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP002101 Crowder $18.00
EWP002104 Pierce
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP002104 Pierce $18.00
EWP002105 Mullings
Gun Permit
001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00
Total EWP002105 Mullings $18.00
Total 54815 $486.00
Total Wash ST Dept of Licensing $489.00
Wash State Treasurer
54816 2021 - February 2021 - February 2021 2nd Council
Invoice - 2/9/2021 1:11:43 PM
January 2021 Court Remittance
001-001-000-589-30-00-10 Remittance: State Building Code Surcharge $44.50
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East Wenatchee - Voucher Directory 2/16/2021 City Council Agenda Packet Page 30 of 188
Vendor Number Reference Account Number Description Amount
001-001-000-589-30-00-20 Court Remittances $8,935.19
Total Invoice - 2/9/2021 1:11:43 PM $8,979.69
Total 54816 $8,979.69
Total Wash State Treasurer $8,979.69
Washington Association
54817 2021 - February 2021 - February 2021 2nd Council
MEMBER 2021
Code/Annual Membership 2021
001-000-590-558-50-40-01 Dues & Subscriptions $95.00
Total MEMBER 2021 $95.00
Total 54817 $95.00
Total Washington Association $95.00
Washington State Patrol
54818 2021 - February 2021 - February 2021 2nd Council
I21004025
Background Checks
001-001-000-589-30-00-15 State Share of Permits & Licenses $513.50
Total I21004025 $513.50
Total 54818 $513.50
Total Washington State Patrol $513.50
Washington State Transit Insurance Pool
54819 2021 - February 2021 - February 2021 2nd Council
125889
HR/Driver Record Monitoring
001-000-139-518-10-40-06 Miscellaneous $9.31
Total 125889 $9.31
Total 54819 $9.31
Total Washington State Transit Insurance Pool $9.31
Wenatchee Valley Chamber
54725 2021 - February 2021 - February 2021 2nd Council
22608
Chamber Membership
001-000-001-558-70-41-07 Wenatchee Valley Chamber of Commerce $900.00
Total 22608 $900.00
Total 54725 $900.00
Total Wenatchee Valley Chamber $900.00
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East Wenatchee - Voucher Directory 2/16/2021 City Council Agenda Packet Page 31 of 188
Vendor Number Reference Account Number Description Amount
Wenatchee Valley Humane Society
54723 2021 - February 2021 - February 2021 2nd Council
Invoice - 2/4/2021 1:54:42 PM
January 2021 Animal Control Services
001-000-001-539-30-40-00 Animal Control $6,248.76
Total Invoice - 2/4/2021 1:54:42 PM $6,248.76
Total 54723 $6,248.76
Total Wenatchee Valley Humane Society $6,248.76
Wenatchee Valley Museum & Cultural Center
54722 2021 - February 2021 - February 2021 2nd Council
Invoice - 2/4/2021 1:26:06 PM
February 2021 Contract Fee
001-000-001-558-70-41-15 Wenatchee Valley Museum $10,124.00
Total Invoice - 2/4/2021 1:26:06 PM $10,124.00
Total 54722 $10,124.00
Total Wenatchee Valley Museum & Cultural Center $10,124.00
Ziply Fiber
54708 2021 - February 2021 - February 2021 2nd Council
Invoice - 1/28/2021 10:41:48 AM
Street Modem
101-000-420-542-64-47-00 Utilities - Traffic Control Devices $55.82
Total Invoice - 1/28/2021 10:41:48 AM $55.82
Total 54708 $55.82
Total Ziply Fiber $55.82
Grand Total Vendor Count 68 $147,404.08
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East Wenatchee - Voucher Directory 2/16/2021 City Council Agenda Packet Page 32 of 188
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
2-2-2021 Council Meeting Minutes Page 1 of 5
East Wenatchee City Council Meeting
Tuesday, February 2, 2021
Zoom Meeting
East Wenatchee City Hall
271 9th Street NE
East Wenatchee, WA 98802
Minutes
In attendance: Staff in attendance:
Mayor Jerrilea Crawford Josh DeLay, Finance Director
Councilmember John Sterk Lori Barnett, Community Development Director
Councilmember Harry Raab Devin Poulson, City Attorney
Councilmember Robert Tidd Rick Johnson, Police Chief
Councilmember Sasha Sleiman Erik Hampton, Assistant Police Chief
Councilmember Shayne Magdoff Tom Wachholder, Project Development Manager
Councilmember Christine Johnson Mary Beth Phillips, Court Administrator
Councilmember Matthew Hepner Trina Elmes, Events Director/PIO
Maria Holman, City Clerk
6:00 p.m. Regular Meeting
Call to Order, Roll Call and Pledge of Allegiance.
a. Councilmember Hepner joined the meeting at 6:04 p.m.
1. Consent Items:
a. 11/20/2020 DocuSign Agreement.
b. Date: 2/2/2021, Checks: 54657 - 54703, in the amount of $206,039.12.
c. 1/19/2021 Council Meeting Minutes.
Motion by Councilmember Tidd to approve consent items as presented.
Councilmember Magdoff seconded the motion. Motion carried (7-0).
2. Citizen Requests/Comments.
a. Community member Claudia Nilson of 305 S. Houston Ave., East Wenatchee, spoke
to Council regarding concerns about the traffic speed on 4th St. SE.
Comments provided by Mayor Crawford, Chief of Police Rick Johnson, Councilmember
Hepner and Councilmember Raab.
2/16/2021 City Council Agenda Packet
Page 33 of 188
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
2-2-2021 Council Meeting Minutes Page 2 of 5
3. Public Hearing.
a. A public hearing was held to receive comments on the Community Development
Block Grant (CDBG) Program proposed Amendment #2 to the 2019 Annual Action
Plan to allocate CDBG-CV3 funding.
Community Development Director Lori Barnett provided a staff report regarding the
proposed amendment.
Mayor Crawford opened the Public Hearing at 6:14 to obtain public comment, the
hearing was closed at 6:18 p.m., no public comment was received.
i. Mayor Crawford read Resolution 2021-03 adopting Amendment No. 2 to
the 2019 Annual Action Plan in accordance with the requirements of the
U.S. Department of Housing and Urban Development Regulations at 24 CFR
Part 91 to allocate the award of Community Development Block Grant
Coronavirus Aid, Relief and Economic Security Act “CDBG-CV3” funds,
declaration of Urgent Need, amending Resolutions 2020-16 and 2019-17.
Community Development Director Lori Barnett provided additional information to
the Council.
Motion by Councilmember Tidd to approve Resolution 2021-03 authorizing the
Mayor to sign the necessary agreements and certifications required by HUD.
Councilmember Sleiman seconded the motion. Motion carried (7-0).
b. A public hearing was held to receive comments on the Wenatchee Kennel Club
request to waive the required public street improvements for McGee St. SE
associated with the training facility at 200 1st St. SE.
Community Development Director Lori Barnett provided a staff report regarding the
request by the Wenatchee Kennel Club.
Mayor Crawford opened the public hearing at 6:19 p.m. to obtain public comment,
the hearing was closed at 6:24 p.m., no public comment was received.
Comments provided by Councilmember Tidd. Mayor Crawford advised the Council
that this requires action by the Council if they wish to approve.
Motion by Councilmember Sterk to approve the requested waiver of required
improvements on McGee St. S.E., by the Wenatchee Kennel Club. Councilmember
Johnson seconded the motion. Motion carried (7-0).
4. Presentations. None.
5. Department Report.
a. Police Chief Rick Johnson introduced East Wenatchee’s Police Department new
Assistant Police Chief Erik Hampton.
Comments provided by Police Chief Rick Johnson, Assistant Police Chief Erik Hampton,
Councilmember Raab and Mayor Crawford.
2/16/2021 City Council Agenda Packet
Page 34 of 188
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
2-2-2021 Council Meeting Minutes Page 3 of 5
Department Report Continued:
b. Project Development Manager Tom Wachholder presented the 2020 Year-End
Public Works Report.
Comments provided by Councilmember Tidd, Councilmember Magdoff, Councilmember
Sleiman and Mayor Crawford.
6. Mayor’s Report.
a. Mayor Crawford reported the passing of Sandy McCourt former Councilmember
who served the City of East Wenatchee from 2004 to 2018. The Mayor expressed
her condolences to Sandy’s family.
b. Mayor Crawford provided a COVID-19 update regarding massive vaccinations in our
community. She also encouraged the community to keep supporting small
businesses.
c. Mayor Crawford informed the Council that the February council workshop has been
moved from the 11th to February 25, 2021, at 5:30 p.m.
d. Mayor Crawford informed the Council that Chelan County Commissioner Bob Bugert
reached out to the City of East Wenatchee regarding a newly formed Equity and
Inclusion Committee/Board. Commissioner Bugert is looking to have an ex officio
representative from the City of East Wenatchee on the board.
Councilmember Sleiman volunteered to serve on the Board, Mayor Crawford
approved the request.
Comments provided by Councilmember Magdoff, Councilmember Sleiman,
Councilmember Hepner and Mayor Crawford.
7. Action Items.
a. City Attorney Devin Poulson presented Resolution 2021-02, establishing a policy
that awards an employee who receives a COVID-19 vaccination 4 hours of vacation
leave.
Comments provided by Mayor Crawford, Councilmember Magdoff and
Councilmember Tidd.
Motion by Councilmember Sleiman to approve Resolution 2021-02 as presented
and establish a policy that awards an employee who receives a COVID-19
vaccination an additional 4 hours of vacation leave. Councilmember Johnson
seconded the motion. Motion carried (7-0).
2/16/2021 City Council Agenda Packet
Page 35 of 188
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
2-2-2021 Council Meeting Minutes Page 4 of 5
Action Items Continued:
b. Community Development Director Lori Barnett presented the Community
Development Block Grant-Coronavirus (CDBG-CV3) Food Security Program - Regional
Collaboration Agreement between City of Wenatchee, City of East Wenatchee,
Chelan Douglas Health District, and Serve Wenatchee Valley for the Emergency Food
Assistance Program (EFAP).
Motion by Councilmember Magdoff to approve the Mayor to sign the Regional
Collaboration Agreement for the Emergency Food Assistance Program (EFAP) with
Serve Wenatchee Valley and other participating jurisdictions. Councilmember
Sleiman seconded the motion. Motion carried (7-0).
c. Community Development Director Lori Barnett presented a Community
Development Block Grant-Coronavirus (CDBG-CV3) Food Security Program - Regional
Collaboration Agreement between City of Wenatchee, City of East Wenatchee,
Chelan Douglas Health District, and Town Toyota Center for the Emergency Food
Assistance Program (EFAP).
Motion by Councilmember Tidd to approve the Mayor to sign the Regional
Collaboration Agreement for the Emergency Food Assistance Program (EFAP) with
the Town Toyota Center and other participating jurisdictions. Councilmember Sterk
seconded the motion. Motion carried (7-0).
d. Community Development Director Lori Barnett presented a first amendment to the
Subrecipient Agreement with the Chelan Douglas Regional Port Authority to extend
the time of performance to December 31, 2021 for the Microenterprise Grant
Program.
Comments provided by Councilmember Tidd and Mayor Crawford.
Motion by Councilmember Magdoff to approve a first amendment and authorize
the Mayor to sign the amendment. Councilmember Sleiman seconded the motion.
Motion carried (7-0).
8. Council Reports & Announcements.
a. Councilmember Tidd shared that the TSA in conjunction with President Biden
mandated that it is now a requirement for transportation facilities to enforce the
use of masks. Councilmember Tidd received this information from the Link Transit
Board.
b. Councilmember Sleiman invited the Council to the ‘State of the Region: Cities’ Zoom
event which will take place on February 11, 2021, 8:00 a.m., Mayor Crawford will be
one of the speakers/presenters.
c. Mayor Crawford reported that the Chelan Douglas Transportation Council has
extended an invitation to have a representative from the Coville Tribes on the board.
2/16/2021 City Council Agenda Packet
Page 36 of 188
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
2-2-2021 Council Meeting Minutes Page 5 of 5
d. Mayor Crawford provided an update regarding the Chelan Douglas Health District’s
(CDHD) change in communication style/format. They have contracted with a public
relations firm to serve as a centralized public information hub, with the goal of
providing consistent and clear messaging to the community. This comes as the result
of community members having issues finding information, scheduling vaccine
appointments, etc.
e. Project Development Manager Tom Wachholder shared a thanks to Natural
Resource Specialist Garren Melton and informed Council that there is a newly
posted project story map on the City’s website for the 10th Street Reconstruction
project from the Public Works Department. The story map is an interactive tool
posted in English and Spanish which serves as an informative tool for the public.
There is a virtual open house planned for this project soon.
9. Adjournment. With no further business, the meeting adjourned at 7:13 p.m.
Jerrilea Crawford, Mayor
Attest:
Maria E. Holman, City Clerk
2/16/2021 City Council Agenda Packet
Page 37 of 188
CITY OF EAST WENATCHEE
COUNCIL AGENDA BILL
To: Mayor and Council.
From/Presenter: Lori Barnett, Community Development Director
Subject: Ordinance 2021-03 amending East Wenatchee Municipal Code
chapter 17.70 regulating Wireless Telecommunications Facilities
Date: February 16, 2021
I. Summary Title: An Ordinance of the City of East Wenatchee
adopting amendments to chapter 17.70 of the East Wenatchee
Municipal Code regulating the acceptance of applications for use
permits, wireless telecommunications facility permits, building
permits, eligible facilities modification, and small cell facilities,
containing a severability clause, and establishing an effective date.
II. Background/History: The Telecommunications Act of 1996 was
adopted by Congress placing limitations on local governments
regarding regulation of wireless telecommunications facilities (WCF)
to ensure that adequate locations would be available for siting such
facilities. The state also adopted regulations limiting local authority to
regulate such facilities.
Updates to the code were started in 2017 to address changes to state
and federal regulations and court cases related to wireless
communication services as well as technological developments that
have been implemented by the industry to respond to consumer
demand.
The Planning Commission held workshops on April 4, 2017, June 6,
2017, August 15, 2017, June 19, 2018, and November 24, 2020.
Public hearings were held on August 7, 2018 and January 26, 2021.
The Planning Commission heard from industry representatives and
reviewed and discussed codes from other jurisdictions, model code
provisions provided by the industry, fact sheets from the Federal
Communications Commission, and summaries and discussions of
legal issues regulating WCF.
Interim regulations have been in place since 2018. The proposed
ordinance adopts those interim regulations with some updates that
have been added to address new federal regulations. The full staff
report is attached to this Agenda Bill. In summary, the amendments
2/16/2021 City Council Agenda Packet
Page 38 of 188
address:
• Additions to the Purpose section
• New and modified definitions to address state and federal
regulations
• Updating the application materials section
• Amending standards for stealth design – making the facility blend
into the character of the neighborhood
• Adding provisions for facilities in the right of way
• Standards for Small Cell and Distributed Antenna Systems –
networks of smaller systems
• The abandonment section was revised and clarified
• A provision for independent technical review was added
• A process for an exception to the standards was added
• Standards for eligible facility modification was added
• A requirement to indemnify the city was added
The Planning Commission recognizes that there is still an interest
from industry representatives with regards to expanding the available
sites for WCF to include more options in residential zoning districts
and the mixed-use zoning districts. However, it is time to adopt the
interim regulations instead of continuing to extend them. The
amendments to the code will be easier to interpret once all of the
changes are made. The Planning Commission can address other
amendments at a later time.
III. Recommended Action:
• Staff requests that second reading be suspended, and Ordinance
2021-03 be approved for the Mayor’s signature.
IV. Exhibits:
1. Ordinance 2021-03 with Exhibit A
2. Summary Minutes – January 26, 2021 Planning Commission public hearing
3. Comparison with Revised Text Submitted on 1/22/2021 by Meridee Pabst,
Wireless Policy Group LLC
4. Staff Report and Exhibits A and B
Financial Data:
Expenditure Required
Amount Budgeted
Appropriation Required
$0 $0 $0
2/16/2021 City Council Agenda Packet
Page 39 of 188
City of East Wenatchee Ordinance 2021-03 Page 1 of 7
City of East Wenatchee, Washington
Ordinance No. 2021-03
An Ordinance of the City of East Wenatchee adopting amendments to
chapter 17.70 of the East Wenatchee Municipal Code regulating the
acceptance of applications for use permits, wireless telecommunications
facility permits, building permits, eligible facilities modification, and
small cell facilities, containing a severability clause, and establishing an
effective date.
Una Ordenanza de la Ciudad de East Wenatchee que adopta enmiendas
al capítulo 17.70 del Código Municipal de East Wenatchee que regula la
aceptación de solicitudes de permisos de uso, permisos de instalaciones
de telecomunicaciones inalámbricas, permisos de construcción,
modificación de instalaciones elegibles e instalaciones de celdas
pequeñas, que contiene una cláusula de divisibilidad. y establecer una
fecha de vigencia.
1.Alternate format.
1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta,
etc.), póngase 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.
2.2. The Telecommunications Act of 1996 (Public Law No. 104-104, 110 Stat. 56,
31-136) (the "Act"), was designed to remove regulatory barriers and
encourage competition among all types of communications companies.
2.3. The Act ratified the authority of local government to regulate the
construction and modification of wireless communications service facilities,
but also limits local governments' authority in certain respects.
2.4. The City, on November 12, 2002 through the adoption of Ordinance No.
2002-22, added Chapter 17.70 of the East Wenatchee Municipal Code
(“EWMC”) establishing zoning standards applicable to wireless
communication facilities.
Exhibit 1
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Page 40 of 188
City of East Wenatchee Ordinance 2021-03 Page 2 of 7
2.5. In 2012, Congress passed the “Middle Class Tax Relief and Job Creation Act
of 2012” (the “Spectrum Act”) (Public Law No. 112-96; codified at 47 U.S.C. §
1455(a)), which in part, amended the Act.
2.6. Changes to federal laws, regulations and court cases related to wireless
communication services as well as technological developments and changes
in consumer demand and usage have reshaped the wireless industry and
increased the demand for and complexity of siting wireless facilities within
the City.
2.7. On January 10, 2017, the City Council adopted Ordinance 2017-03 enacting
a six-month moratorium on the acceptance of applications for use permits,
wireless telecommunications facility permits, building permits, right of way
use authorizations and franchises for wireless communication facilities
within the City to allow time for this review.
2.8. On February 28, 2017, the City Council adopted Ordinance 2017-05,
repealing and replacing the earlier moratorium so that it would only apply to
applications for new facilities to allow existing facilities to be upgraded, if
needed, during the moratorium.
2.9. On September 12, 2017, the City Council adopted Ordinance 2017-16
extending the moratorium for an additional six-month period.
2.10. On February 27, 2018, the City Council adopted Ordinance 2018-04
extending the moratorium for an additional six-month period.
2.11. At the City Planning Commission workshop on June 19, 2018, concern
was expressed that the final draft did not adequately address facilities in all
commercial and residential zoning districts. It was recommended that the
existing code by amended on an interim basis to address several outstanding
issues and specifically small cell facilities, stealth design, and allowing WCF
in the Commercial Low Density Zoning District and the Commission
continue their work to amend the regulations.
2.12. The City Planning Commission held a duly advertised public hearing on
August 7, 2018. The Planning Commission recommended that the interim
regulations be adopted by the City Council.
2.13. On August 14, 2018, the City Council adopted Ordinance 2018-13
enacting interim regulations.
2.14. On August 28, 2018, the City Council held a public hearing to adopt the
findings and conclusions justifying the adoption of the interim regulations in
Ordinance 2018-13.
2/16/2021 City Council Agenda Packet
Page 41 of 188
City of East Wenatchee Ordinance 2021-03 Page 3 of 7
2.15. In September 2018, Federal Communications Commission issued a
Declaratory Ruling and Third Report and Order WT Docket No. 17-79; WC
Docket No. 17-84 for Accelerating Wireline Broadband Deployment by
Removing Barriers to Infrastructure Investment. The ruling became
effective on January 14, 2019.
2.16. Additional work on the draft to address the Spectrum Act was completed
by staff and a revised Interim Ordinance was adopted by the City Council on
February 5, 2019 with passage of Ordinance 2019-03.
2.17. On April 30, 2019, the Planning Commission held a public hearing and
formulated a recommendation for the adoption of several of the proposed
amendments to the WCF Code that were specific to the Commercial Low-
Density (C-L) Zoning District. Those amendments were adopted by the City
Council on May 21, 2019, with Ordinance 2019-11. That proposal did address
a request from an industry representative to increase the height of towers in
the C-L District from 50 feet to 70 feet to be consistent with other
commercial zoning districts.
2.18. On October 1, 2019, the City Council adopted Ordinance 2019-15
extending the effective period of the remaining interim regulations for a
period of 12 months. That ordinance expired on October 1, 2020.
3.Authority.
3.1. 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.
3.2. RCW 35A.63.220 and RCW 36.70A.390, authorize the City Council to
establish adopt interim regulations.
4.Purpose. The purpose of this amendment is to promote and protect the public
health, safety and welfare, preserve the aesthetic character of the East
Wenatchee community, adequately address infrastructure planning, and to
reasonably regulate the siting of wireless communications facilities in a manner
that addresses the Telecommunications Act of 1996, the Spectrum Act, other
recently adopted FCC rules and orders, changes in technology, local concerns
and efforts to provide the public with access to wireless services for its safety,
convenience and productivity.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS
FOLLOWS:
5.Amendment. The City Council amends chapter 17.70 of the East Wenatchee Municipal
Code as set forth in Exhibit A to this Ordinance.
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City of East Wenatchee Ordinance 2021-03 Page 4 of 7
6. Findings of Fact. The City Council adopts the Recitals stated above as well as the findings
of fact and conclusion of law as set forth below
6.1. Findings of Fact:
6.1.1. The proposal includes amendments to chapter 17.70 EWMC regulating wireless
communication facilities.
6.1.2. The U. S. Congress adopted the Telecommunications Act of 1996 (hereinafter the
"Act") to encourage the development of high-technology communication systems
through increased competition among communication companies. The Act provides
for the removal of regulatory barriers, rate deregulation and relaxation of certain
anti-trust provisions in an attempt to achieve this goal.
6.1.3. The City's regulation of wireless communications towers and facilities in the City
will not have the effect of prohibiting any person from providing wireless
communications services in violation of the Act.
6.1.4. Deployment of new wireless telecommunication networks could have dramatic
impacts on land use patterns, aesthetics, and the public health, safety, and welfare
due to the number of new wireless facilities and service providers in the region.
6.1.5. The Greater East Wenatchee Area Comprehensive Plan (2019) reflects the
community’s preferred future and contains goals and policies pertaining to the
provision of utilities and specifically wireless communication facilities. The plan
recommends that the City adopt regulations that are flexible and receptive to
innovations and advances in the industry and regulate the placement of
telecommunication facilities while preserving and protecting the interests of the
community and minimizing visual impacts by encouraging low visibility
technology.
6.1.6. The City finds that the periodic update of standards and siting criteria for wireless
communication facilities is necessary for the protection of the public health, safety,
and property rights.
6.1.7. The Planning Commission held workshops on April 4, 2017, June 6, 2017,
August 15, 2017, June 19, 2018, and November 24, 2020 and a public hearing on
August 7, 2018.
6.1.8. The Planning Commission heard from industry representatives; and reviewed and
discussed codes from other jurisdictions, model code provisions provided by the
industry, fact sheets from the Federal Communications Commission, and summaries
and discussions of legal issues regulating WCF.
6.1.9. Advertisement of the Planning Commission’s public hearing was published in the
Wenatchee World on January 16, 2021 and posted on the City’s web site.
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City of East Wenatchee Ordinance 2021-03 Page 5 of 7
6.1.10. The East Wenatchee Planning Commission held a duly advertised open-record
public hearing on January 26, 2021.
6.1.11. Any Finding of Fact that is more correctly a Conclusion of Law is hereby
incorporated by this reference.
6.2. Conclusions of Law:
6.2.1. The proposal is consistent with and implements policies in the Greater East
Wenatchee Area Comprehensive Plan.
6.2.2. The proposed standards are consistent with the limitations on local government
control of wireless communication facilities within the Telecommunications Act of
1996 and the Spectrum Act.
6.2.3. Approval of the proposal will not be detrimental to the public health, safety, and
general welfare.
6.2.4. Proper legal requirements of RCW 36.70A.106 and Title 19 EWMC were met and
the community and state agencies were given the opportunity to comment on the
proposal at duly noticed public workshops and a public hearing.
6.2.5. It is the determination of the lead agency that no more than a moderate effect on
the environment is a reasonable probability as a result of the proposed action. The
proper exercise of the threshold determination process as required by WAC 197-11
is than an environmental impact statement is not required to be prepared for this
project.
6.2.6. The proposed amendments have been processed in a manner consistent with the
requirements of the Revised Code of Washington and the Washington
Administrative Code.
6.2.7. Any Conclusion of Law that is more correctly a Finding of Fact is hereby
incorporated by this reference.
7.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.
8.Submittal of Notice of Adoption. In accordance with RCW 36.70A.106, this
Ordinance shall be transmitted by the Community Development Director to the
Washington State Department of Commerce within 10 days of adoption
9.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.
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City of East Wenatchee Ordinance 2021-03 Page 6 of 7
10. 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 _____________________________, 2021
The City of East Wenatchee, Washington By _________________________________ Jerrilea Crawford, Mayor Authenticated: _____________________________________ Maria Holman, City Clerk Approved as to form only: _____________________________________ Devin Poulson, City Attorney Filed with the City Clerk: __________ Passed by the City Council: __________ Published: __________ Effective Date: __________
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City of East Wenatchee Ordinance 2021-03 Page 7 of 7
Summary of Ordinance No. 2021-03
Of the City of East Wenatchee, Washington
.
On the __________ day of _____________________________, 2021, the City Council of
the City of East Wenatchee, Washington approved Ordinance No. 2021-03, the main
point of which may be summarized by its title as follows:
An Ordinance of the City of East Wenatchee adopting amendments to
chapter 17.70 of the East Wenatchee Municipal Code regulating the
acceptance of applications for use permits, wireless telecommunications
facility permits, building permits, eligible facilities modification, and
small cell facilities, containing a severability clause, and establishing an
effective date.
The full text of this Ordinance is available at www.eastwenatcheewa.gov.
Dated this __________ day of ________________________________, 2021.
_____________________________
Maria Holman, City Clerk
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Exhibit A – Ord Amending Chapter 17.70 WCF (1-26-2021)
Page 1
Exhibit A
Amendment. The City Council amends chapter 17.70 of the East Wenatchee Municipal
Code to read as follows.
Chapter 17.70
WIRELESS COMMUNICATIONS FACILITIES (WCF)
Sections:
17.70.010 Purpose.
17.70.020 Relationship to other ordinances.
17.70.030 Definitions.
17.70.040 Permits and exemptions.
17.70.050 Application materials.
17.70.060 General development standards for all WCF, broadcast and relay towers,
and satellite dishes.
17.70.070 Large satellite dish antenna(s) – Development standards.
17.70.080 Broadcast and relay towers – Development standards.
17.70.085 Collocation of Antennas, Distributed Antenna Systems and Small Cells
17.70.087 Distributed Antenna Systems (DAS) and Small Cells.
17.70.090 Wireless communications facilities – Development standards.
17.70.100 General siting criteria.
17.70.110 Discontinuation of Use or Abandonment.
17.70.120 Fees – Wireless communications permit fees.
17.70.130 Independent Technical Review
17.70.140 Exception from Standards
17.70.150 Eligible Facilities Modifications
17.70.160 Indemnification
17.70.010 Purpose.
The purpose of this chapter is to establish development regulations for the siting of
wireless communications facilities (WCF) and to assure that the siting of WCF is
accomplished in a manner that will protect the public health, safety, and welfare of the
citizens of the city of East Wenatchee by promoting the goals of this chapter. The goals
of this chapter are to:
A. Protect the community’s natural beauty, visual quality and safety while facilitating the
reasonable and balanced provision of wireless communication services. More
specifically, it is the City’s goal to minimize the visual impact of wireless
communication facilities on the community, particularly in and near residential zones;
A.B. Provide a range of locations in a variety of zones and options for siting of WCF;
B.C. Provide clear performance standards for addressing the siting of WCF;
C.D. Encourage location of WCF on existing structures, including utility poles, signs,
water towers, buildings and on other WCF where feasible;
D.E. Encourage co-locationcollocation and site sharing of new and existing WCF;
E.F. Facilitate the use of public property and structures for siting of WCF;
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Exhibit A – Ord Amending Chapter 17.70 WCF (1-26-2021)
Page 2
F.G. Streamline and expedite permitting procedures in accordance with the intent of
state and federal law;
G.H. Enhance the ability of providers of personal communications services to provide
such service quickly, effectively and efficiently;
H.I. Require adherence to state and federal environmental laws;
J. Ensure air traffic safety for local aviation users, and the general public;.
K. To implement Section 6409 of the “Middle Class Tax Relief and Job Creation Act of
2012” (the “Spectrum Act”) (PL-112-96; codified at 47 U.S.C. Section 1455(a)) which
requires the city to approve any eligible facilities request for a modification of an
existing tower or base station that does not substantially change the physical
dimensions of such tower or base station; and
L. To implement the FCC rules set forth at 47 C.F.R. Part 1 (Part 1 – Practice and
Procedure), new Subpart CC Section 1.40001 (Wireless Facility Modifications),
which rules implement Section 6409 of the Spectrum Act.
(Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002)
17.70.020 Relationship to other ordinances.
A. Where allowed by law, this chapter shall supersede all conflicting requirements of
other codes and ordinances regarding location and permitting of WCF, except
shorelines, environmental regulations and specific franchises.
B. Franchise. Nothing in this chapter is intended to provide for a franchise, license or
permit for the installation of wireless communications facilities within the public
rights-of-way. Franchise agreements remain the discretion of the East Wenatchee
city council. (Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002)
17.70.030 Definitions.
A. “Antenna(s)”means an apparatus designed for the purpose of emitting
radiofrequency (RF) radiation, to be operated or operating from a fixed location
pursuant to FCC authorization, for the provision of personal wireless service and any
commingled information services. For purposes of this definition, the term “antenna”
does not include an unintentional radiator, mobile station, or device authorized under
47 CFR Part 15. or “antenna array” means any system of electromagnetically tuned
wires, poles, rods, panels, discs or similar devices used to transmit or receive
electromagnetic waves between terrestrial and/or orbital based points, includes but
is not limited to radio antennas, television antennas, satellite dish antennas, and
cellular antennas. The antenna array does not include the support structure (defined
in subsection N of this section).
1.“Omni-directional (or “whip”) antennas” which transmit and receive radio frequency
signals in a 360-degree radial pattern. For the purpose of this chapter, omni-
directional antennas are up to 15 feet in height and up to six inches in diameter;
2.“Directional (or “panel”) antennas” which transmit and receive radio frequency
signals in a specific directional pattern of less than 360 degrees; and
3.“Parabolic (or “dish”) antennas” which are bowl-shaped devices for the reception
and/or transmission of communications signals in a specific directional pattern.
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Exhibit A – Ord Amending Chapter 17.70 WCF (1-26-2021)
Page 3
4.B. “Antenna Array” means a single or group of antenna elements and associated
mounting hardware, transmission lines, or other appurtenances which share a
common attachment device such as a mounting frame or mounting support structure
for the sole purpose of transmitting or receiving electromagnetic waves.
B.C. “Attached WCF” shall mean an antenna that is attached to an existing building or
structure (attachment structure) which structures shall include but not be limited to
utility poles, signs, water towers, with any accompanying pole or device (attachment
device) which attaches the antenna to the existing building or structures and
associated connection cables and an equipment facility which may be located either
inside or outside of the attachment structure. An attachment structure shall not
include an existing or proposed WCF.
D. “Base Station” means a structure or equipment at a fixed location that enables
Commission-licensed or authorized wireless communications between user
equipment and a communications network. The term does not encompass a tower
as defined in this chapter or any equipment associated with a tower.
1. The term includes, but is not limited to, equipment associated with wireless
communications services such as private, broadcast, and public safety services,
as well as unlicensed wireless services and fixed wireless services such as
microwave backhaul.
2. The term includes, but is not limited to, radio transceivers, antennas, coaxial or
fiber-optic cable, regular and backup power supplies, and comparable
equipment, regardless of technological configuration (including Distributed
Antenna Systems and small cell networks).
3. The term includes any structure other than a tower that, at the time the relevant
application is filed with the City under this section, supports or houses equipment
described in this section that has been reviewed and approved under the
applicable zoning or siting process, or under Washington or local regulatory
review process, even if the structure was not built for the sole or primary purpose
of providing such support.
4. The term does not include any structure that, at the time the relevant application
is filed with Washington or the City under this section, does not support or house
equipment described in this section.
C.E. “Broadcast or relay tower” shall mean a freestanding support structure, attached
antenna(s), and related equipment intended for transmitting, receiving or re-
transmitting commercial radio, television, telephone, cellular, or other
communications services. This includes, but is not limited to, lattice towers, guy
towers, and monopoles.
F. “Camouflaged” means a WCF that is designed to blend into the surrounding
environment through the use of shape, color and texture to cause an object to
visually appear to become a part of something else. Examples of camouflaged
facilities may include architecturally screened roof-mounted antennas, building-
mounted antennas painted to match the existing structure, towers made to look like
trees, and antenna support structures designed to look like flagpoles or light poles.
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Exhibit A – Ord Amending Chapter 17.70 WCF (1-26-2021)
Page 4
G. “Carrier on Wheels or Cell on Wheels” or “COW” means a portable self-contained
WCF that can be moved to a location and set up to provide wireless services on a
temporary or emergency basis. A COW is normally vehicle-mounted and contains a
telescoping boom as the antenna support structure.
H. “Cellular communications facility” shall mean any unstaffed facility for the
transmission of radio frequency signals and includes antennas, equipment shelters,
and other equipment necessary to provide wireless transmission and reception
utilizing cellular technology for various wireless communication systems including
cellular phones, personal communication systems (PCS), paging, and similar
systems.
D.I. “Cell site” means a tract or parcel of land or building that contains the WCF
including any antenna, antenna support structure, accessory buildings, access
driveway and associated parking, and may include other uses associated with and
ancillary to wireless services.
J. “Collocation” means the mounting or installation of transmission equipment on an
eligible support structure for the purpose of transmitting and/or receiving radio
frequency signals for communications purposes. “Co-locationCollocation/site
sharing” shall mean use of a common WCF or common site by two or more wireless
license holders, or by one wireless license holder for more than one type of
communications technology and/or placement of a WCF on a structure owned and
operated by a utility or other public entity.
K. “Commission” means the Federal Communications Commission (“FCC”).
E.L. ”Concealment” means fully hidden from view. For example, a WCF is concealed
when it is completely hidden or contained within a structure, such as a building, wall,
roof or pole.
M. “Distributed Antenna System” or “DAS” means a network consisting of transceiver
equipment at a central hub site to support multiple antenna locations throughout the
desired coverage area.
N. “Eligible Facilities Request” means any request for modification of an existing tower
or base station that does not substantially change the physical dimensions of such
tower or base station, involving:
1.Collocation of new transmission equipment;
2.Removal of transmission equipment; or
3.Replacement of transmission equipment.
F.O. “Equipment structure or enclosure”: means a facility, shelter, cabinet or vault
used to house and protect electronic or other associated equipment necessary for
processing wireless communications signals. “Associated equipment” may include,
for example, air conditioning, backup power supplies and emergency generators.
“Equipment facility/shelter” shall mean any structure used to contain ancillary
equipment for a WCF which includes cabinets, shelters, a build-out of an existing
structure, pedestals and other similar structures.
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Exhibit A – Ord Amending Chapter 17.70 WCF (1-26-2021)
Page 5
P. “Eligible support structure” means any tower or base station as defined in this
section, provided that it is existing at the time the relevant application is filed with the
City under this section.
Q. “FAA” means the Federal Aviation Administration.
G.R. “FCC” or “Federal Communications Commission” shall mean the federal
administrative agency, or lawful successor, authorized to regulate and oversee
communications carriers, services and providers on a national level.
S. “Macrocell” means a tower or an attached wireless communication facility which
consists of antennas equal to or less than 15 feet in height or a parabolic antenna up
to one meter (39.37 inches) in diameter and with an area not more than 75 square
feet in the aggregate as viewed from any one point.
H.T. “Microcell” shall mean a wireless communication facility consisting of an antenna
that is either:
1. Four feet in height and with an area of not more than 580 square inches; or
2. If a tubular antenna, no more than four inches in diameter and no more than six
feet in length.
I.U. "Minor facility" means a wireless communication facility consisting of up to three
antennas, each of which is either: (i) Four feet in height and with an area of not more
than 580 square inches; or (ii) if a tubular antenna, no more than four inches in
diameter and no more than six feet in length; and the associated equipment cabinet
that is six feet or less in height and no more than 48 square feet in floor area
V. “Nonresidential” or “nonresidential zone”: means all portions of the City (including
rights-of-way adjacent thereto, measured to the centerline of the right-of-way) in an
area not zoned residential as defined in this chapter.
J.W. “Personal wireless services” shall mean commercial mobile services, unlicensed
wireless services, and common carrier wireless exchange access services, as
defined by federal laws and regulations.
K.X. “Personal wireless services facilities” shall mean facilities for the provision of
personal wireless services.
Y. “Pole” shall mean a legally constructed pole, such as a utility, lighting, traffic signal
or similar pole made of wood, concrete, metal or other material, located or to be
located within the public right of way. A pole does not include a tower or support
structure.
Z. “Public right of way” shall mean the area on, below, or above property that has been
designated for use as or is used for a public street, sidewalk, alley or similar
purpose, and for purposes of this chapter shall include public utility easements, but
only to the extent the City has the authority to permit use of the area for
communications facilities. The term does not include a state or federal highway or
other areas that are not within the legal jurisdiction, ownership or control of the City.
AA. “Reception window obstruction” shall mean a physical barrier which would block
an electromagnetic signal.
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Exhibit A – Ord Amending Chapter 17.70 WCF (1-26-2021)
Page 6
L.BB. “Replace” or “Replacement” shall mean, in connection with an existing pole or
support structure to replace the same with a new structure or pole, substantially
similar in design, size and scale to the existing structure in conformance with this
chapter and other applicable City regulations, in order to address limitations of the
existing structure to structurally support collocation or placement of a
communications facility.
CC. “Residential property” means all portions of any property which contains a
residence and any vacant property which has been designated for residential use in
an approved mixed use project.
DD. “Residential zone” shall include the R-L, R-M, and R-H Zoning Districts and
rights-of-way adjacent to each of the aforementioned zones, measured to the
centerline of the right-of-way.
M.EE. “Satellite dish antenna(s)” shall mean a type of antenna(s) and supporting
structure consisting of a solid, open mesh, or bar configured reflective surface used
to receive and/or transmit radio frequency communication signals. Such an
apparatus is typically in the shape of a shallow dish, cone, horn, or cornucopia.
There are generally two sizes of antennas:
1. “Large satellite dish” shall mean any satellite dish antenna(s) whose diameter is
greater than one meter in residential zones or two meters in industrial or
commercial zones.
2. “Small satellite dish” shall mean any satellite dish antenna(s) whose diameter is
less than or equal to one meter located in any zoning district or two meters within
industrial or commercial zones.
FF."Small cell facility" means a personal wireless services facility that meets both of the
following qualifications:
1. Each antenna is located inside an antenna enclosure of no more than three cubic
feet in volume or, in the case of an antenna that has exposed elements, the
antenna and all of its exposed elements could fit within an imaginary enclosure of
no more than three cubic feet; and
2. Primary equipment enclosures are no larger than seventeen cubic feet in volume.
The following associated equipment may be located outside the primary
equipment enclosure and if so located, are not included in the calculation of
equipment volume: Electric meter, concealment, telecomm demarcation box,
ground-based enclosures, battery back-up power systems, grounding equipment,
power transfer switch, and cut-off switch.
GG. "Small cell network" means a collection of interrelated small cell facilities
designed to deliver personal wireless services.
N.HH. “Stealth design or technology” means technology that minimizes the visual
impact of wireless communications facilities by camouflaging, disguising, screening,
and/or blending into the surrounding environment. Examples of stealth design
include but are not limited to facilities disguised as trees, flagpoles, bell towers, light
poles, pole signs, sculpture, and architecturally screened roof-mounted antennas.
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Exhibit A – Ord Amending Chapter 17.70 WCF (1-26-2021)
Page 7
means a wireless facility that mimics something in the surrounding landscape, such
as trees, flag poles, etc., and is unrecognized as a tower or antennas. The design is
intended to be compatible with the environmental and cultural character of the
surrounding area.
“Street pole” means telephone, electric, or light pole located in a developed street
right of way.
II. “Substantial change” means a modification that substantially changes the physical
dimensions of an eligible support structure meeting any of the following criteria:
1. For towers other than towers in the public rights-of-way, it increases the height of
the tower by more than 10% or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed twenty feet,
whichever is greater; for other eligible support structures, it increases the height
of the structure by more than 10% or more than ten feet, whichever is greater;
a. Changes in height should be measured from the original support structure in
cases where deployments are or will be separated horizontally, such as on
buildings’ rooftops; in other circumstances, changes in height should be
measured from the dimensions of the tower or base station, inclusive of
originally approved appurtenances and any modification that were approved
prior to the passage of the Spectrum Act.
2. For towers other than towers in the public rights-of-way, it involves adding an
appurtenance to the body of the tower that would protrude from the edge of the
tower more than twenty feet, or more than the width of the Tower structure at the
level of the appurtenance, whichever is greater; for other eligible support
structures, it involves adding an appurtenance to the body of the structure that
would protrude from the edge of the structure by more than six feet;
3. For any eligible support structure, it involves installation of more than the
standard number of new equipment cabinets for the technology involved, but not
to exceed four cabinets; or, for towers in the public rights-of-way and base
stations, it involves installation of any new equipment cabinets on the ground if
there are no pre-existing ground cabinets associated with the structure, or else
involves installation of ground cabinets that are more than 10% larger in height or
overall volume than any other ground cabinets associated with the structure;
4. It entails any excavation or deployment outside of the current site, except that, for
towers other than towers in the public rights-of-way, it entails any excavation or
deployment of transmission equipment outside of the current site by more than
30 feet in any direction. The site boundary from which the 30 feet is measured
excludes any access or utility easements currently related to the site;
5. It would defeat the concealment elements of the eligible support structure; or
6. It does not comply with conditions associated with the siting approval of the
construction or modification of the eligible support structure or base station
equipment, provided however that this limitation does not apply to any
modification that is non-compliant only in a manner that would not exceed the
thresholds identified in paragraphs 47 C.F.R. §1.40001(b)(7)(i) through (iv) of
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Exhibit A – Ord Amending Chapter 17.70 WCF (1-26-2021)
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O.JJ. “Support structure” shall mean a structure designed and constructed specifically
to support an antenna array, and may include a monopole, self-supporting (lattice)
tower, guy wire support tower and other similar structures. Any device (attachment
device) which is used to attach an attached WCF to any existing building or structure
(attachment structure) shall be excluded from the definition of and regulations
applicable to support structures.
P.KK. “Temporary wireless communication facility” shall mean a WCF to be placed in
use for 90 or fewer days, is not deployed in a permanent manner, and does not have
a permanent foundation.
Q.LL. “Tower, guyed” shall mean a tower that is supported, in whole or in part, by wires
and ground anchors.
R.MM. “Tower, lattice” shall mean a type of tower that is self-supporting with multiple
legs and cross bracing of structural metal.
S.NN. “Tower, monopole” shall mean a type of tower mount that is self-supporting
through a single shaft usually constructed of wood, metal or concrete.
T.OO. “Tower or wireless communications tower” shall mean any structure built for the
sole or primary purpose of supporting any Commission-licensed, Commission-
authorized antennas and their associated facilities, including structures that are
constructed for wireless communications services, including, but not limited to
private, broadcast, and public safety services, as well as fixed wireless services
such as microwave backhaul, and the associated site. any built structure, including
any guy wires and anchors, constructed for the purpose of support of antennas or
antenna or to serve as an antenna. This includes, but is not limited to, lattice towers,
guy towers, monopoles and attached antennas.
PP. “Tower Height” means the vertical distance measured from the base of the tower
structure at grade to the highest point of the structure including the antenna.
QQ. “Transmission equipment” means any equipment that facilitates transmission for
any FCC-licensed or authorized wireless communication service, including, but not
limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and
backup power supply. The term includes equipment associated with wireless
communications services including but not limited to, private broadcast, and public
safety services, as well as unlicensed wireless services and fixed wireless services
such as microwave backhaul.
RR. “Wireless communication facility (WCF)” shall mean any unstaffed facility for the
transmission and reception of radio or microwave signals used for commercial
communication. A wireless communication facility provides services which include
cellular telephone, personal communication services (PCS), specialized mobile radio
(SMR), enhanced specialized mobile radio (ESMR), paging, other mobile radio
services, and any other service provided by wireless common carriers licensed by
the Federal Communications Commission (FCC). A wireless communication facility
may be attached to an existing structure or a freestanding tower. A wireless
communication facility consists of antenna(s) and related equipment and may
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Exhibit A – Ord Amending Chapter 17.70 WCF (1-26-2021)
Page 9
include an equipment enclosure, screening, or a support structure. (Ord. 10-03 § 3 (Exh.
A), 2010; Ord. 02-22 § 18, 2002)
17.70.040 Permits and exemptions.
A. Permits Required. Unless otherwise provided herein, it is unlawful for a person or
individual, company, corporation or association or any other entity to construct, alter,
transform, or add to a wireless communication facility (WCF) without first obtaining a
permit in compliance with the provisions of this chapter. A WCF permit shall not be valid
at any address or property other than the one appearing on the permit.
1. Building Permits. A building permit (Type IB or IIA) is required for all wireless
communications facilities unless specifically exempted under subsection B of this
section, Exemptions.
2. Wireless Communications Facility Permits. A communications facility permit
(Type IIA) is required for all wireless communications facilities, except for wireless
communication facilities which co-locatecollocate on an existing broadcast and relay
tower, where adequate provisions for antennas and ground-mounted equipment
exist. In such case only a building permit shall be required. All information listed in
EWMC 17.70.050(A) through (H) shall be submitted along with a completed wireless
communications facility permit application form.
3. Combined Review. Communication facilities regulated under this chapter which
are proposed in conjunction with a site plan approval application for industrial,
commercial or residential development shall not be required to obtain separate
building permit approval or separate communications facility permit approval.
However, communications facilities will be reviewed according to the same criteria
outlined in this section and all information required in EWMC 17.70.050(A) through
(H) shall be submitted with the application for the associated land use permit.
4. Expiration. A WCF permit shall expire at the end of two years or where lack of
construction and lack of operation for said facility indicate no measurable progress
on the permitted project.
B. Exemptions. The following antenna(s) shall be exempt from this chapter:
1. Small satellite dish antenna(s).
2. VHF and UHF receive-only television antenna(s) designed to receive television
broadcast signals with a maximum height of 15 feet above the highest peak of an
existing or proposed roof.
3. Low-powered networked communications facilities such as microcell radio
transceivers located on existing utility poles and light standards within the public
right-of-way. “Low-powered” refers to those facilities with maximum transmitter peak
output power that does not exceed one watt and is less than 14 inches by 16 inches
by eight inches with an antenna no greater than 30 inches in height above the
highest part of the existing pole or light standard Temporary WCF located on the
same site as a proposed WCF on a temporary basis during the construction of a
permanent WCF for which necessary permits have been granted.
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4. Normal, routine, and emergency maintenance and repair of existing wireless
communications facilities and related equipment which does not alter the location of
the facility, increase the height, size, footprint, or bulk of such facilities and which
otherwise complies with city, state and federal law and regulations.
5. Military, federal, state and local government communication towers and radar
systems used for navigational purposes, emergency preparedness, and public
safety purposes.
6. Amateur radio services and facilities owned and operated by a federally licensed
amateur radio station operator or are used exclusively for receive-only antennas. To
reasonably accommodate licensed amateur radio operators as required by Federal
Code of Regulations, 47 CFR Part 97, as amended, and Order and Opinion PRB I
of the Federal Communications Commission of September 1985, and RCW
32.51A.26035A.21.260, a licensed amateur radio operator may locate a tower in
any zoning district without first obtaining any permits from the city, provided the
following requirements are met:
a. The tower shall not exceed a height of 70 feet;
b. The tower and any antennas located thereon shall not have any lights of any
kind on it and shall not be illuminated either directly or indirectly by any artificial
means;
c. The color of the tower and any antennas located thereon must all be the same
and such that it blends into the sky, to the extent allowed under requirements set
forth by the Federal Aviation Administration;
d. No commercial advertising, logo, trademark, figurine or other similar marking
or lettering shall be placed on the tower;
e. The tower shall be located a distance equal to or greater than its height from
any existing residential structure located on adjacent parcels of property,
including any attached accessory structures;
f. A tower must be at least three-quarters of its height from any property line on
the parcel of property on which it is located, unless a licensed engineer certifies
that the tower will not collapse or that it is designed in such a way that in the
event of collapse it falls within itself, and in that event, it must be located at least
one-third of its height from any property line;
g. No signs shall be used in conjunction with the tower, except for one sign not
larger than 144 square inches in area and as required by federal regulations;
h. Towers shall not be leased or rented to commercial users, and shall not
otherwise be used for commercial purposes; and
i. All towers must meet all applicable state and federal statutes, rules and
regulations.
7. Emergency communications equipment during a declared public emergency
when the equipment is owned and operated by an appropriate public entity.
8. Any wireless Internet facility that is owned and operated by a government entity.
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9. Antennas and related equipment no more than three feet in height that are being
stored, shipped or displayed for sale.
10. A temporary, commercial WCF, for the purposes of providing coverage of a
special event such as news coverage or sporting event. All such facilities must
comply with all federal and state requirements. Such facilities shall be removed
within seven days after the end of the event.
C. Summary of Required Permits.
1. All WCF permits require site plan review and approval pursuant to Chapter 17.80
EWMC.
2. A building permit only is required for the following WCF (Type IB or IIA):
a. Industrial, scientific and medical equipment using frequencies regulated by
the Federal Communications Commission.
b. Wireless communication facilities which co-locatecollocate on an existing
broadcast and relay tower, where adequate provisions for antennas and ground-
mounted equipment exist.
c. Temporary WCF for a term not to exceed 90 days, with a possible 90-day
extension, with approval from the building official. The use of temporary wireless
communication facilities such as a cell on wheels (COW) or an antenna on a
bucket truck, crane, or other device capable of reaching the height necessary to
evaluate the site for placement of a wireless communication facility. Such
temporary facility may only be utilized on a short-term basis for the purpose of
evaluating the technical feasibility of a particular location for placement of a
wireless communication facility or for providing communications during an
emergency.
3. Building permit and WCF permit (Type IB or IIA) is required for all WCF not listed
in subsection (C)(2) of this section. (Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002)
17.70.050 Application materials.
In addition to the requirements of EWMC Title 19, the submittal of a completed building
permit application form and/or a wireless communications permit application, the
applicant shall supply the following information at the time of application for a WCF;
except, that applicants for temporary WCF permits need only submit a building permit
application and subsections A through D of this section and large satellite dish antenna
applicants shall submit a building permit application and subsections A through D and G
of this section.
A. If the applicant is not the owner of the property, the property owner shall sign an
Ownership Certificate demonstrating that they are granting approval to the applicant to
obtain the necessary permit(s). a copy of the preliminary lease agreement is required to
be provided with the application. A copy of the final agreement shall be submitted prior
to issuance of a building permit for the structure.
B. Proof of adequate financial insurance and a legal instrument crafted to indemnify and
hold harmless the city of East Wenatchee in the event of tower failure or otheranother
catastrophic event associated with WCF shall be required.
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C. A vicinity map showing the location of the proposal and the properties within one-half
mile of the subject property (said map shall be no larger than 11 by 17 inches).
D. A full site plan shall be required for all wireless communications facilities, showing
the location, the specific placement of all structures including the tower/antenna on the
site, the type and height of the proposed tower/antenna, on-site land uses and zoning,
adjacent land uses and zoning, adjacent roadways, proposed means of access,
setbacks from property lines, elevation drawings of the proposed facility, the location of
existing structures, trees, and other significant site features, the type and location of
plant materials used to screen the facility, fencing, proposed color(s), and any other
proposed structures. Site plans may be submitted on paper larger than 11 by 17 inches,
provided an 11-by-17-inch set must accompany the larger plans.
E. A color visual analysis that includes a to-scale photo simulation of the proposed
facility that shows unobstructed before-and-after construction daytime and clear-
weather views from at least four angles, together with a map that shows the location of
each view. Color photo simulations showing the proposed site with a photo-realistic
representation of the proposed wireless communications facilities including any
proposed tower or antenna as it would appear viewed from the closest property and
from adjacent roadways.
F. No new tower shall be permitted unless the applicant demonstrates to the reasonable
satisfaction of the governing authority that no existing tower or structure can
accommodate the applicant’s proposed antenna. Evidence submitted to demonstrate
that no existing tower or structure can accommodate the applicant’s proposed antenna
may consist of any of the following:
1. No existing towers or structures are located within the geographic area required
to meet applicant’s engineering requirements.
2. Existing towers or structures are not of sufficient height to meet applicant’s
engineering requirements.
3. Existing towers or structures do not have sufficient structural strength to support
applicant’s proposed antenna and related equipment.
4. The applicant’s proposed antenna would cause electromagnetic interference with
the antenna on the existing towers or structures, or the antenna on the existing
towers or structures would cause interference with the applicant’s proposed
antenna.
5. The fees, costs, or contractual provisions required by the owner in order to share
an existing tower or structure or to adapt an existing tower or structure for sharing
are unreasonable. Costs exceeding new tower development are presumed to be
unreasonable.
6. The applicant demonstrates that there are other limiting factors that render
existing towers and structures unsuitable.
G. Written technical evidence and statement from an engineer(s) that the:
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1. Tower is capable of supporting additional wireless communications facilities
comparable in weight, size, and surface area to the communications facilities
installed by the applicant on the proposed tower; and
2. Construction and placement of the proposed tower and wireless communications
facilities will not interfere with licensed public safety communications and the usual
and customary transmission or reception of radio, television, or other
communications services enjoyed by adjacent residential and nonresidential
properties.
H. A written statement by the applicant stating that the tower:
1. And wireless communications facilities will comply with all FAA regulations and
EIA standards and all other applicable federal, state and local laws and regulations;
and
2. Will accommodate co-locationcollocation of additional antennas for future users. If
accommodation of future co-locationcollocation is not proposed, information must be
submitted with the application detailing why future co-locationcollocation is not
possible.
I. At the time of site selection, the applicant shall demonstrate how the proposed site fits
into its overall communications network within the city. This shall include a service area
coverage chart for the proposed tower and communications facilities that depicts the
extent of coverage and corresponding signal quality at the proposed tower height.
J. Copies of any environmental documents required by any federal agency, if available.
These shall include the environmental assessment required by FCC Para. 1.1307, or, in
the event that an FCC environmental assessment is not required, a statement that
describes the specific factors that obviate the requirement for an environmental
assessment.
K. A completed SEPA checklist shall be submitted with all applications not categorically
exempt under RCW 43.21C.384, as amended. (Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-
22 § 18, 2002)
17.70.060 General development standards for all WCF, broadcast and relay
towers, Small Cell and DAS, and satellite dishes.
The development standards in this section address setback and other site-specific
location factors. For purposes of determining whether installation of a WCF complies
with the development standards in this chapter, the dimensions of the entire lot shall
control, unless the WCF is proposed to be located on a separately described leased
parcel within such lot.
A. Principal or Accessory Use. WCF may be considered either principal or accessory
uses. A different existing use or an existing structure on the same lot shall not preclude
the installation of a WCF on such lot.
B. Building Code. To ensure the structural integrity of WCF, wireless communications
facilities shall be designed and certified by an engineer to be structurally sound and, at
a minimum, be constructed in conformance with the building code and any other
standards set forth in this section.
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C. Legal Access. All WCF proposed to locate and operate within the city must possess
and provide proof of legal access onto a publicly owned street as a condition of
approval.
D. Landscaping. All landscaping on a parcel of land containing a wireless
communications facility shall be in accordance with the applicable landscaping
requirements for the zoning district where the wireless communications facility is located
and Chapter 17.72 EWMC. Existing vegetation on the site of a wireless communications
facility shall be preserved to the extent possible or supplemented to provide vegetative
screening. The Administrator may grant a waiver from the required landscaping based
on findings that a different requirement would better serve the public interest.
E. Stealth Design. Applicants are encouraged to use “stealth” techniques in the design
of wireless communications facilities. “Stealth” techniques relate to siting strategies and
technological innovations designed to enhance compatibility with adjacent land uses by
designing structures to resemble other features in the surrounding environment.
“Stealth” techniques include architecturally screened roof-mounted antennas, antennas
integrated into architectural elements, and towers designed to resemble light poles,
power poles, flag poles, street standards, steeples, or trees, etc.
1.Stealth and concealment techniques must be appropriate given the proposed
location, design, visual environment, and nearby uses, structures, and natural
features.
2.Stealth design shall be designed and constructed to substantially conform to
surrounding building designs or natural settings, so as to be visually unobtrusive.
3.Stealth design that relies on screening wireless communications facilities in order
to reduce visual impact must screen all substantial portions of the facility from
view.
4.Stealth and concealment techniques do not include incorporating faux-tree
designs of a tree species that is not native to the Pacific Northwest or North
Central Washington.
F. Minimum Setbacks. Setback requirements for facilities subject to this chapter shall be
measured from the base of the structure or tower to all property lines of the parcel of
land on which it is located.
1. Except as provided elsewhere in this chapter, facilities subject to this chapter
shall not be located within any required front, side, or rear yard setback areas or
within any easements not established for the placement of said WCF.
2. Additional setbacks for various facilities are specified in the development
standards for each type of facility.
3. Attached WCF are exempt from the setback standards of this chapter. An
attached WCF may extend up to five feet horizontally beyond the edge of the
attachment structure so long as the attached WCF and all antennas maintains a
five-foot setback from the nearest property line of the adjoining parcel.
4. Support structures and equipment facilities shall, at a minimum, comply with the
setback requirements for the underlying zone within which it is located; provided,
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that all such structures shall maintain a 25-foot setback from any property line
adjacent to residentially zoned property and a minimum setback of 55 feet as
measured from the centerline of a public street.
5. A clear-view triangle shall be maintained at all intersecting public or private
streets, driveways, and/or curb cuts for vision safety purposes based upon AASHTO
Guidelines from “A Policy on Geometric Design of Highways and Streets,” 1990
Edition, as now exists or may be hereafter amended, which is hereby adopted by
this reference.
G. Minimum Lot Size. There shall be no minimum lot size requirement for WCF;
provided, the lot proposed for the facility contains sufficient size and shape to
accommodate the required setback provisions of this chapter.
H. Fencing. Any fencing required for security shall meet the general fencing
requirements of the city. No barbed wire fences, electrical fences, razor wire or
concertina wire are permitted in any zone.
I. Illumination. Facilities subject to this chapter shall not be artificially lighted, except for:
1. Security and safety lighting of equipment, buildings and support structure if such
lighting is appropriately down-shielded to keep light within the boundaries of the site;
and
2. Any lighting of the WCF that may be required by the Federal Aviation
Administration or other applicable authority shall be installed in such a manner to
minimize impacts on adjacent residences. In instances when a strobe type light is
required by the FAA, said strobe light shall be white with no more than a three-
second maximum allowable “off” phase.
J. No facility subject to this chapter shall be used in such a manner to support or display
any outdoor signage or banners for any commercial or advertisement purposes.
K. WCFs in the public rights-of-way.
1. Preferred locations. Facilities shall be located as far from residential uses as
feasible, and on streets classified as collector or arterial to the extent feasible.
Facilities in the rights-of-way shall maintain at least a 200 foot separation from other
wireless facilities, except when collocated or on opposite sides of the same street.
DAS or Small Cell facilities are exempt from this separation requirement.
2. Pole-mounted or tower-mounted equipment. All pole-mounted and tower-mounted
transmission equipment shall be mounted as close as possible to the pole or tower
to reduce the overall visual profile to the maximum extent feasible. All pole-mounted
and tower-mounted transmission equipment shall be painted with flat, non-reflective
colors that blend with the visual environment.
3. Prior to submitting for a building permit, all applicants for WCFs proposed to be
located within the right-of-way must have a valid municipal master permit, municipal
franchise, or exemption otherwise granted by applicable law, to the extent consistent
with RCW 35.21.860
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L. Towers shall maintain a minimum spacing of one-half mile, unless it can be
demonstrated that physical limitations (such as topography, terrain, tree cover or
location of buildings) in the immediate service area prohibit adequate service by the
existing facilities or that collocation is not feasible.
M. Aviation Review Standards. Proposed telecommunication devices, structures or
objects shall be reviewed to ensure they do not penetrate any of the airspace surfaces
on or near a public or private general aviation facility. Any telecommunication device,
structure or object that is determined to penetrate or otherwise obstruct airspace
surfaces shall be denied by the review authority. Special attention shall be given to the
following:
1. Approach Surface. Land lying beneath the approach surface which extends
outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from
the runway end.
2. Transitional Surface. The transitional surface begins at the runway end and on
either side of the runway surface and slopes upward and outward at a seven to one
slope meeting the horizontal surface at 150 feet above the elevation of the airport.
3. Horizontal Surface. The horizontal surface begins by swinging arcs of 5,000 feet
from the center end of the runway surface creating an elongated oval above the
runway. The height of the horizontal surface is 150 feet above the elevation of the
airport.
4. Conical Surface. The conical surface begins at the edge of the horizontal surface
and extends upward and outward for a distance of 4,000 feet at a slope of 20 to one
with an initial elevation of 150 feet above the airport elevation.
5. Pangborn Airport. The delineation of the airspace surfaces described above are
generally depicted on the Pangborn Airport overlay parcels exhibit map (Figure
17.70.060(M)) and Douglas County Code Chapter 18.65, as the same now exists or
may hereafter be amended, that is adopted herein by reference as if fully set forth.
LN. Federal Requirements. All wireless communications facilities shall meet or exceed
the standards and regulations of the Federal Aviation Administration (FAA), the Federal
Communications Commission (FCC) and any other agency of the federal government
with the authority to regulate towers and antennas. If such standards and regulations
are changed, the owner of any telecommunication facility governed by this chapter shall
bring such facility into compliance with such revised standards and regulations with six
months of the effective date of standards and regulations, unless a more stringent
compliance schedule is mandated by the controlling federal agency. Failure to bring
towers and antennas into compliance with such revised standards and regulations shall
constitute grounds for the removal of the facility at the owner’s expense.
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Exhibit A – Ord Amending Chapter 17.70 WCF (1-26-2021)
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Pangborn Airport Overlay Parcels Exhibit Map.
(Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002)
17.70.070 Large satellite dish antenna(s) – Development standards.
A. Standards for All Zoning Districts. The following standards shall be applied to all
proposed large satellite dish antenna(s):
1. Mountings and satellite dishes should be no taller than the minimum required for
the purposes of obtaining an obstruction-free reception window.
2. To the extent technically feasible, specific paint colors may be required to allow
the large satellite dish and mounting structures to blend better with their setting.
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3. Screening of all large satellite dish antenna(s) shall be provided with one or a
combination of the following methods: fencing, walls, landscaping, structures, or
topography which will block the view of the antenna(s) as much as practicable from
any street and from the yards and main floor living areas of residential properties
within approximately 500 feet. Screening may be located anywhere between the
antenna(s) and the above mentionedabove-mentioned viewpoints. Landscaping for
the purposes of screening shall be maintained in healthy condition.
4. Construction plans and final construction of the mounting bases of all large
satellite dish antenna(s) shall be approved by the city building department.
5. Aluminum mesh dishes should be used whenever possible instead of a solid
fiberglass type.
B. Additional Standards in Residential Zones – Large Satellite Dish Antenna(s).
1. Only one large dish satellite antenna shall be allowed on each property.
2. Large satellite dish antenna(s) shall not be mounted on roofs.
3. Large satellite dish antenna(s) shall not exceed 12 feet in diameter and 15 feet in
height, including their bases.
4. A solid visual screen (90 percent solid or more) using a combination fencing,
walls, or landscaping shall be provided as high as the center of the dish when
viewed from off the site. Above the center of the dish, the screening should be 50
percent solid or more to the top of the antenna(s) when viewed from off the site.
Evergreen plants shall be used to accomplish year-round screening, and shall be
large enough at installation to meet appropriate screening standards.
C. Additional Standards in Nonresidential Zones – Large Satellite Dish Antenna(s).
Antenna(s) may be either roof-mounted or ground-mounted.
1. Ground-Mounted.
a. Ground-mounted antenna(s) shall not exceed the height requirements of the
district within which they are located.
b. From the time of installation, ground-mounted antenna(s) shall be solidly
screened (90 percent or more) using a combination fencing, walls, or
landscaping as high as the center of the dish when viewed from off the site.
Solid screening shall be provided as high as the dish if the proposed location
abuts an adjoining residential zone.
2. Roof-Mounted.
a. Shall not exceed the height requirements of the district within which they are
located. Height shall be measured from the average grade of the structure to the
highest point of the antenna.
b. Should be placed as close to the center of the roof as possible. If the dish is
still visible from any point within approximately 500 feet as viewed from ground
level, additional screening shall be required to supplement the screening
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provided by the roof itself. If the dish is not visible from 500 feet or less, no
additional screening will be necessary.
c. Shall be solidly screened at least as high as the center of the dish. The
screening shall be of a material and design compatible with the building, and
can include penthouse screening, parapet walls, or other similar screening.
d. Shall be architecturally compatible with the building and wall on which it is
mounted, and shall be designed and located so as to minimize any adverse
aesthetic impact. (Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002)
17.70.080 Broadcast and relay towers – Development standards.
A. Development Standards for All Zoning Districts.
1. The applicant shall demonstrate that the proposed location was selected pursuant
to the siting criteria of EWMC 17.70.100. Placement of a broadcast and relay tower
shall be denied if an alternative placement of the antenna(s) on a building or other
existing structure can accommodate the communications needs. Applications shall
be required to provide documentation that reasonable efforts to identify alternative
locations were made.
2. Owners and operators of a proposed broadcast and relay tower shall provide
information regarding the opportunity for the collocation of other antenna(s) and
related equipment. If feasible, provision for future collocation may be required.
3. Broadcast and relay towers shall be set back from each lot line at least 100
percent of the height of the proposed tower. This setback may be reduced to 50
percent of the height of the proposed tower if said tower is located more than 100
feet from a public street and the applicant submits an engineering report certifying
that the tower is designed to collapse upon failure and would fall within the distance
between the proposed tower and the property line of the property upon which it is
located. Said report shall be prepared by a professional engineer registered in the
state of Washington.
4. Extensions, antennas, and arms attached to broadcast and relay towers and/or
antennas shall not exceed eight feet in length horizontally as measured from the
center diameter of the tower.
5. The base of a ground-mounted broadcast and relay tower shall be screened with
fencing, walls, landscaping, or other means such that the view of the antenna(s)
base is blocked as much as practicable from any street and from the yards and
main living floor areas of surrounding residentially zoned properties. The screening
may be located anywhere between the antenna(s) and the above-mentioned
viewpoints. Landscaping that qualifies for the purpose of screening shall be
maintained in a healthy condition. The perimeter of a broadcast and relay tower and
any guyed wires/anchors shall be enclosed by a fence or wall at least six feet in
height.
6. To the extent technically feasible and in compliance with safety regulations, the
broadcast and relay tower and any supporting structure and equipment facility
should be designed using materials, colors, textures that will blend the facility to the
natural and built environment.
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7. A Washington-licensed professional engineer shall certify in writing, over his or
her seal, that both construction plans and final construction of the broadcast and
relay radio towers are designed to reasonably withstand wind and seismic loads as
established by the Uniform Building Code.
B. Additional Standards in Commercial Zones – Broadcast and Relay Towers.
1. Broadcast and relay towers are permitted only in the G-C, CBD and C-L
commercial districts.
2. The combined broadcast and relay tower and antenna(s) shall not extend more
than a maximum of 70 feet in height. A height bonus of 15 feet may be allowed by
the approval authority when collocation is specifically provided for on the broadcast
and relay tower.
C. Additional Standards in Residential Zones –Broadcast and Relay Towers.
1. Broadcast and relay towers shall not be allowed in the Residential Low Density
(R-L) or Residential Medium Density (R-M) zones. Such facilities may be located in
the Residential High Density/Office Zoning District (R-H) after obtaining a
conditional use permit.
2. The combined broadcast and relay tower and antenna(s) shall not extend more
than a maximum of 70 feet.
3. Stealth design is required.
D. Additional Standards in Industrial Zones – Broadcast and Relay Towers. The
combined height of a broadcast and relay tower and antenna(s) located in industrial
zone shall not exceed 80 feet; except when collocation is specifically provided for, then
the broadcast and relay tower shall not exceed 90 feet. (Ord. 10-03 § 3 (Exh. A), 2010; Ord.
02-22 § 18, 2002. Formerly 17.70.090)
E. Guyed wire or lattice towers are not permitted.
17.70.085 Collocation of Antennas, Distributed Antenna Systems and Small Cells.
A. To the extent not otherwise covered by Chapter 17.70.150 (Eligible Facilities
Requests), collocation and new wireless communication antenna arrays are
permitted in all zones via administrative approval provided that they are attached to
or inside of an existing structure (except on the exterior of pole signs or anywhere on
a billboard) that provides the required clearances for the array’s operation without
the necessity of constructing a tower or other apparatus to extend the antenna array
more than 15 feet above the structure.
B. Installation requires the granting of development permits prescribed by title 15
EWMC.
C. For antenna arrays and WCF on City-owned property, the execution of necessary
right of way use agreements is also required.
D. If any support structure must be replaced or extended to achieve the needed
elevation or if the attachment adds more than 15 feet above the existing structure, or
the minimum necessary to achieve required electrical clearances, the proposal is
subject to Type II review. The limitation to 15 feet applies to cumulative increases
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and any previously approved additions to height made under this section must be
included in its measurement.
E. WCF attached to residential structures are not permitted in any zoning district.
F. Any equipment shelter or cabinet and other ancillary equipment are subject to the
general development standards of EWMC 17.70.0790.
17.70.087 Distributed Antenna Systems (DAS) and Small Cells.
A. The City encourages, but it does not require, the use of DAS and small cells.
B. DAS and Small Cells are allowed in all zoning districts.
C. DAS and small cells are subject to approval via administrative review only unless
their installation requires the construction of a new utility support structure or
building. Type II review is required when the applicant proposes a new utility support
structure or building.
D. Where feasible, cable and/or conduit shall be routed through the inside of any utility
pole, or other support structure. Where this is not feasible, or where such routing
would result in a structure of a substantially different design or substantially greater
diameter than that of other similar structures in the vicinity or would otherwise
appear out of context with its surroundings, the City may allow or require that the
cable or conduit be placed on the outside of the structure. The outside cable or
conduit shall be the color of the utility pole, or other support structure, and the City
may require that the cable be placed in conduit.
E. Multiple Site DAS and Small Cells.
1. A single permit may be used for multiple distributed antennas that are part of a
larger overall DAS network.
2. A single permit may be used for multiple small cells spaced to provide wireless
coverage in a contiguous area.
F. Only one facility shall be permitted on any street pole.
G. The antenna and related components must be the same color as the existing
building, pole or support structure on which it is proposed to be located.
H. The shelter or cabinet used to house radio electronic equipment and the associated
connecting cabling shall be contained wholly within the pole, a building or structure,
or otherwise appropriately concealed, camouflaged or located underground.
I. If a replacement pole is necessary for placement of a DAS or small cell, the
replacement pole shall be located as near as possible to the existing pole with the
requirement to remove the abandoned pole.
J. The preferred location for a pole-mounted small cell facility is the location with the
least visible impact.
K. DAS or small cells are not permitted on traffic signal poles.
L. Any electrical service upgrades necessary to support small cells or DAS deployment
shall be at the expense of the applicant.
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M. DAS or Small cell facilities attached to existing or replacement non-wooden light
poles and other non-wooden poles in the right-of-way or poles outside of the right-of-
way shall conform to the following design criteria:
1. Antennas and the associated equipment enclosures shall be sited and installed
in a manner which minimizes the visual impact on the streetscape by fully
concealing the antennas and associated equipment. This requirement shall be
applied in a manner that neither dictates the technology employed by the service
provider nor unreasonably impairs the technological performance of the
equipment chosen by the service provider.
2. All conduit, cables, wires, and fiber must be routed internally in the light pole.
Electrical wiring shall be separated from communication wiring via interduct or
other means that comply with state and federal electrical codes. Full
concealment of all conduit, cables, wires, and fiber is required within mounting
brackets, shrouds, canisters, or sleeves if attaching to exterior antennas or
equipment. When electrical service is to be supplied by the city, as the pole
owner, the city may require an electrical meter-grade control module to track the
additional small cell electrical use.
3. An antenna on top of an existing pole may not extend more than 6 feet above the
height of the existing pole and the diameter may not exceed 16 inches,
measured at the top of the pole, unless the applicant can demonstrate that more
space is needed. Except for canister antennas, the antennas shall be integrated
into the pole design so that it appears as a continuation of the original pole,
including being colored or painted to match the pole, and shall be shrouded or
screened to blend with the pole. All cabling and mounting hardware/brackets
from the bottom of the antenna to the top of the pole shall be fully concealed and
integrated with the pole.
4. If the use of the pole requires a replacement pole, the replacement pole shall
substantially conform to the design of the pole it is replacing or the neighboring
pole design standards utilized within the contiguous right-of-way. A mock-up of a
prototype for the replacement pole shall be submitted for review and approval by
the City prior to final pole construction and deployment. The Administrator may
waive this requirement when the applicant establishes that an identical small cell
facility has been successfully installed in another local jurisdiction on a non-
wooden pole identical to that approved for use by the city.
5. The height of any replacement pole may not extend more than 10 feet above the
height of the existing pole.
6. The use of the pole for the siting of a small cell facility shall be considered
secondary to the primary function of the pole. If the primary function of a pole
serving as the host site for a small cell facility becomes unnecessary, the pole
shall not be retained for the sole purpose of accommodating the small cell facility,
and the small cell facility and all associated equipment shall be removed.
7. Deviations from this subsection are permitted when required to address the pole
owner’s requirements for adequate safety clearance and other design standards,
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so long as the deviation is the minimum necessary to comply with the pole
owner’s safety and design standards.
N. DAS or Small cell facilities attached to wooden poles shall conform to the following
design criteria:
1. The wooden pole at the proposed location may be replaced with a taller pole for
the purpose of accommodating a small cell facility; provided, however, that the
replacement pole shall be no more than 10 feet taller than the existing pole,
unless a height increase is required to provide sufficient separation and/or
clearance from electrical and wireline facilities.
2. Replacement wooden poles may either match the approximate color and
materials of the replaced pole or shall be the standard new wooden pole used by
the pole owner.
3. A pole extender may be used instead of replacing an existing pole and shall not
increase the height of the existing pole by more than 10 feet, unless a further
height increase is required to provide sufficient separation and/or clearance from
electrical and wireline facilities. A “pole extender” as used herein is an object
affixed between the pole and the antenna for the purpose of increasing the height
of the antenna above the pole. The pole extender shall be painted to match the
color of the pole and shall substantially match the diameter of the pole measured
at the top of the pole.
4. Antennas, equipment enclosures, and all ancillary equipment, boxes, and conduit
shall be colored or painted to match the approximate color of the surface of the
wooden pole on which they are attached.
5. Panel antennas shall not be mounted more than 12 inches from the vertical
surface of the wooden pole.
6. Antennas should be placed in a manner that minimizes visual clutter and
obtrusiveness. Multiple antennas are permitted on a wooden pole provided that
each antenna enclosure shall not be more than 3 cubic feet in volume, with a
cumulative total antenna volume not to exceed 12 cubic feet.
7. A canister antenna may be mounted on top of a wooden pole, which may no
more than 10 feet taller than the existing pole. A canister antenna mounted on
the top of a wooden pole shall not exceed 16 inches in diameter, measured at
the top of the pole, and shall be colored or painted to match the pole. The
intention is that the canister antenna appear to be an extension of the pole. As an
alternative, the applicant may propose a side mounted canister antenna, so long
as the inside edge of the antenna is no more than 12 inches from the surface of
the wooden pole. All cables shall be concealed either within the canister antenna
or within a sleeve between the antenna and the wooden pole.
8. An omnidirectional antenna may be mounted on the top of an existing wooden
pole, provided such antenna is no more than 4 feet in height and is mounted
directly on the top of the pole or attached to a sleeve made to look like the
exterior of the pole that is as close to the top of the pole as technically feasible.
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All cables shall be concealed within the sleeve between the bottom of the
antenna and the mounting bracket.
9. All related equipment, including but not limited to ancillary equipment, radios,
cables, associated shrouding, microwaves, and conduit, that are mounted on
wooden poles shall not be mounted more than six inches from the surface of the
pole, unless a further distance is technically required, and is confirmed in writing
by the pole owner.
10. Equipment for small cell facilities must be attached to the wooden pole or located
in an underground vault. The equipment must be placed in the smallest
enclosure possible for the intended purpose. The equipment enclosure may not
exceed 17 cubic feet.
11. An applicant who desires to enclose its antennas and equipment within a unified
enclosure may do so, provided that such unified enclosure does not exceed 4
cubic feet. To the extent possible, the unified enclosure shall be placed to appear
as an integrated part of the pole. The unified enclosure may not be placed more
than 6 inches from the surface of the pole, unless a further distance is technically
required and confirmed in writing by the pole owner.
12. The visual effect of the small cell facility on all other aspects of the appearance of
the wooden pole shall be minimized to the greatest extent possible.
13. The use of the wooden pole for the siting of a small cell facility shall be
considered secondary to the primary function of the pole. If the primary function
of a pole serving as the host site for a small cell facility becomes unnecessary,
the pole shall not be retained for the sole purpose of accommodating the small
cell facility and the small cell facility and all associated equipment shall be
removed.
14. All cables and wires shall be routed through conduit along the outside of the pole.
The outside conduit shall be colored or painted to match the pole. The number of
conduits shall be minimized to the number technically necessary to
accommodate the small cell.
15. If electrical service is to be supplied by the pole owner, the owner may require an
electrical meter-grade control module to track the additional small cell electrical
use.
O. DAS or Small cell facilities attached to existing buildings shall conform to the
following design criteria:
1. Small cell facilities may be mounted to the sides of a building if the antennas do
not interrupt the building’s architectural theme.
2. The interruption of architectural lines or horizontal or vertical reveals is
discouraged.
3. New architectural features such as columns, pilasters, corbels, or other
ornamentation that conceal antennas may be used if it complements the
architecture of the existing building.
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Exhibit A – Ord Amending Chapter 17.70 WCF (1-26-2021)
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4. Small cells shall utilize the smallest mounting brackets necessary to provide the
smallest offset from the building.
5. Skirts or shrouds shall be utilized on the sides and bottoms of antennas to
conceal mounting hardware, and to minimize the visual impact of the antennas.
Exposed cabling/wiring is prohibited.
6. Small cell facilities shall be painted and textured to match the adjacent building
surfaces.
17.70.090 Wireless communications facilities – Development standards.
A. Development Standards for All Zoning Districts. The following standards shall be
applied to all wireless equipment, such as antenna(s) and equipment shelters, exclusive
of the broadcast and relay tower. Wireless monopoles, lattice and guy towers, and
existing pole structures extended in height, are regulated by the subsections that govern
broadcast and relay towers, EWMC 17.70.080.
1. Placement of a freestanding wireless communication facility shall be denied if
placement of the antenna(s) on an existing structure can accommodate the
operator’s communications needs. The collocation of a proposed antenna(s) on an
existing broadcast and relay tower or placement on an existing structure shall be
explored and documented by the operator in order to show that reasonable efforts
were made to identify alternate locations.
2. Maximum Height for Attached WCF. Attached WCF shall not add more than 20
feet to the height of the existing building or structure to which it is attached. Attached
WCF are permitted in all zoning districts subject to specific limitations enumerated
elsewhere in this chapter.
3. Location of wireless communication antenna(s) on existing buildings or other
structures shall be screened or camouflaged to the greatest practicable extent by
use of shelters, compatible materials, location, color, and/or other stealth techniques
to reduce visibility of the antenna(s) as viewed from any street or residential
property.
4. Attached WCF may be mounted on all currently existing nonresidential buildings
in nonresidential zones except as follows:
a. Any building which is an accessory structure to a residence.
b. Buildings which, due to their small size, would be dominated by the facility.
5. The antenna(s) shall not dominate the structure upon which it is attached and
shall be visually concealed utilizing color and compatible material to camouflage the
facility to the greatest extent feasible.
6. Building-mounted WCF must meet the following conditions and criteria:
a. A building-mounted WCF may consist of the following:
i. Nonreflective panel antenna(s);
ii. Whip antenna(s);
iii. Nonreflective parabolic dish;
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b. The number of antennas shall be reasonable to accommodate the technology
and maintenance compatible with the constraints of the building and prevailing
land use.
7. The placement of antennas on existing structures (not including buildings), such
as power poles, light poles for streets and parking lots, light standards for
recreational fields and antenna support structures, is the preferred option subject to
the approval of the owner of the existing structure. If an existing structure cannot
accommodate an antenna due to structural deficiency, or does not have the height
required to provide adequate signal coverage, the structure may be replaced with a
new structure, provided:
a. The new structure will serve the original purpose.
b. The completed structure does not exceed the original height by more than 20
feet.
c. The completed structure meets all the requirements of this chapter.
d. In all cases where a utility pole or light standard is replaced for the purpose of
accommodating a WCF installation, the cables and other wiring necessary for
the WCF shall be routed inside the new pole. If routing inside the pole is not
allowed by the utility and that determination is confirmed in writing by the utility,
then all cable, wiring and conduit routed outside the pole shall be painted to
match the pole.
8. Associated above-ground equipment shelters shall be minimized and shall not
exceed 360 square feet unless operators can demonstrate that more space is
needed to accommodate collocation by other providers. Shelters shall be painted a
color that matches existing structures or the surrounding landscape. A solid visual
screen (90 percent solid or more) shall be created around the perimeter of the
shelter. Operators shall consider undergrounding equipment if technically feasible or
placing the equipment within existing structures.
9. Screening of wireless equipment shall be provided with one or a combination of
the following materials: fencing, walls, landscaping, structures, or topography which
will block the view of the antenna(s) and equipment shelter as much as practicable
from any street and from the yards and main floor living areas of residential
properties within approximately 500 feet. Screening may be located anywhere
between the base and the above-mentioned viewpoints. Landscaping for the
purposes of screening shall be maintained in a healthy condition.
10. Construction plans and final construction of the mountings of wireless
antenna(s) and equipment shelters shall be approved by the city building
department. Applications shall document that the proposed WCF and mounting
bases are designed to reasonably withstand wind and seismic loads.
B. Additional Standards in Residential Zones – Wireless Communications Facilities.
1. Attached WCF shall be screened or camouflaged to the greatest practicable
extent by use of compatible materials, location, color, and/or other stealth
techniques to reduce visibility of the antenna(s) as viewed from any street or
residential property.
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2. Attached WCF may be mounted on all currently existing nonresidential buildings
in residential zones except as follows:
a. Any building which is an accessory structure to a residence.
b. Buildings which, due to their small size, would be dominated by the facility.
3. The antenna(s) shall not dominate the structure upon which it is attached and
shall be visually concealed utilizing color and compatible material to camouflage the
facility to the greatest extent feasible.
4. Building-mounted WCF must meet the following conditions and criteria:
a. A building-mounted WCF may consist of the following:
i. Nonreflective panel antenna(s);
ii. Whip antenna(s);
iii. Nonreflective parabolic dish;
b. The number of antennas shall be reasonable to accommodate the technology
and maintenance compatible with the constraints of the building and prevailing
land use.
5. Within public parks and public open spaces including playgrounds, ballfields, etc.,
the placement of antennas on existing structures, such as power poles, light poles
for streets and parking lots, light standards for recreational fields and antenna
support structures, is the preferred option subject to the approval of the property
owner. If an existing structure cannot accommodate an antenna due to structural
deficiency, or does not have the height required to provide adequate signal
coverage, the structure may be replaced with a new structure, provided:
a. The new structure will serve the original purpose.
b. The completed structure does not exceed the original height by more than 20
feet.
c. The completed structure meets all the requirements of this chapter.
d. In all cases where a utility pole or light standard is replaced for the purpose of
accommodating a WCF installation, the cables and other wiring necessary for
the WCF shall be routed inside the new pole. If routing inside the pole is not
allowed by the utility and that determination is confirmed in writing by the utility,
then all cable, wiring and conduit routed outside the pole shall be painted to
match the pole.
6. Associated above-ground equipment shelters shall be minimized and shall not
exceed 240 square feet unless operators can demonstrate that more space is
needed for collocation of other providers. Shelters shall be painted a color that
matches existing structures or the surrounding landscape. A solid visual screen (90
percent solid or more) shall be created around the perimeter of the shelter.
Operators shall consider undergrounding equipment if technically feasible or placing
the equipment within existing structures.
C. Additional Development Standards in Nonresidential Zones – Wireless
Communications Facilities. Associated above-ground equipment shelters shall not
exceed 240 square feet (e.g., 12 by 20 feet) unless operators can demonstrate that
more space is needed. A solid visual screen (90 percent solid or more) shall be created
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around the perimeter of the shelter. Operators shall consider undergrounding equipment
if technically feasible or placing the equipment within an existing structure. Above-
ground equipment shelters for antenna(s) located on buildings shall be located within,
on the sides or behind the buildings and screened to the fullest extent possible.
Screening of exterior shelters shall provide colors and materials which blend with
surrounding structures. (Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002. Formerly 17.70.100)
17.70.100 General siting criteria.
A. Siting criteria for wireless communication facilities are necessary to encourage the
siting of those facilities in locations most appropriate based on land use compatibility,
neighborhood characteristics, and aesthetic considerations and the demand for wireless
communication facilities by the citizens of East Wenatchee. No general siting criteria are
necessary for satellite dishes because these facilities are allowed within all zoning
districts.
B. Generally, collocation on existing broadcast and relay towers is encouraged by fewer
standards and less complex permit procedures. Further, attachment of antenna(s) to
existing nonresidential structures and buildings primarily within industrial and
commercial zoning districts is preferable to broadcast and relay towers or monopoles.
C. New broadcast and relay towers shall be minimized by co-locatingcollating wireless
facilities on existing towers. New broadcast and relay towers are most appropriately
located in the industrial zoning district followed in order of preference by G-C, CBD and
C-L zoning districts. Due to the close proximity of the shoreline and critical areas, these
types of facilities are not permitted in the WMU or MU commercial district.
D. Wireless Communication Facilities. The following sites shall be considered by
applicants as the preferred order for location of proposed wireless facilities including
antenna(s), equipment, and equipment shelters. As determined feasible, and in order of
preference, the sites are:
1. Existing broadcast and relay towers: on any existing site or tower where a legal
wireless telecommunication facility is currently located regardless of underlying
zoning.
2. Warehouse and industrial zoning: structures or sites used exclusively for
industrial and manufacturing uses within the industrial district. These are areas of
more intensive land uses where a full range of public facilities are expected.
3. Publicly used structures: attached to existing public facilities such as water
towers, utility structures, fire stations, bridges, and other public buildings within all
zoning districts not utilized primarily for recreational uses.
4. Commercial and public facilities sites: structures or sites used for retail,
commercial, and office uses. These are areas of more intensive land uses where a
full range of public facilities are expected. These zones in order of priority are G-C,
CBD and C-L.
5. Residential zones: structures which are not used for residential purposes such as
institutional structures and other nonresidential sites and structures may be
considered for the installation of attached WCF where the installation complies with
all FCC regulations and standards.
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6. Residential structures: wireless communication facilities attached to residential
structures are not permitted in any residential zoning district. (Ord. 10-03 § 3 (Exh. A),
2010; Ord. 02-22 § 18, 2002. Formerly 17.70.110)
17.70.110 Discontinuation of Use or Abandonment.
If any wireless telecommunication facility shall cease to be used for a period of 365
consecutive days, the department of community development shall notify the owner,
with a copy to the applicant, that the site will be subject to a determination that such site
has been abandoned. The owner shall have 30 days from receipt of said notice to show,
by a preponderance of the evidence, that the wireless telecommunication facility has
been in use or under repair during the period. If the owner fails to show that the wireless
telecommunication facility has been in use or under repair during the period, the city
council shall issue a determination of abandonment for the site. Upon issuance of the
final determination of abandonment, the owner shall, within 90 days, dismantle and
remove the wireless telecommunication facility. If such facility is not removed within said
90 days, the city may remove the facility at the expense of the property owner. If there
are two or more users of the facility, this provision shall not become effective until all
users cease using the facility.
A. Any wireless communication facility that is no longer needed and its use is
discontinued shall be reported immediately by the service provider to the
Administrator. Discontinued facilities shall be completely removed within six months
and the site restored to its pre-existing condition.
B. There shall also be a rebuttable presumption that any WCF that is regulated by this
chapter and that is not operated for a period of 6 months shall be considered
abandoned. This presumption may be rebutted by a showing that such WCF is an
auxiliary back-up or emergency utility or device not subject to regular use or that the
WCF is otherwise not abandoned. For those WCFs deemed abandoned, all
equipment, including, but not limited to, antennas, poles, towers, and equipment
shelters associated with the WCF shall be removed within 6 months of the cessation
of operation. Irrespective of any agreement among them to the contrary, the owner
or operator of such unused facility, or the owner of a building or land upon which the
WCF is located, shall be jointly and severally responsible for the removal of
abandoned WCFs. If the WCF is not thereafter removed within 90 days of written
notice from the City, the City may remove the WCF at the owner of the property’s
expense or at the owner of the WCF’s expense, including all costs and attorneys’
fees. If there are two or more wireless communications providers collocated on a
single support structure, this provision shall not become effective until all providers
cease using the WCF for a continuous period of 6 months
(Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002. Formerly 17.70.120)
17.70.120 Fees – Wireless communications permit fees.
In addition to the building permit application and associated fee, any person required to
apply for a wireless communications permit under this chapter shall submit an
application for approval to the administrator on forms as required by the administrator.
The fees for such applications are described below.
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Exhibit A – Ord Amending Chapter 17.70 WCF (1-26-2021)
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A. Permit Application Fee. The wireless communications permit application shall be
accompanied by a base filing fee of $250.00, which fee shall be paid at the time of
submitting the application. No application shall be deemed complete unless such
application has been submitted and the base fees paid.
1. Broadcast and relay tower facility application fee: $1,000
2. Up to 5 small cell or DAS facilities $500 with an additional $100 for each
additional small cell or DAS facility.
A.3. Other wireless communications facilities application fee: $500
B. Engineering Fees. In addition to the fees expressly provided in this section, the
applicant shall reimburse the city for the actual costs of all engineering fees incurred
by the city in processing the application. The applicant shall become obligated to pay
and shall reimburse the city for these fees as the fees are incurred by the city. In no
event shall the applicant receive permit approval for the wireless communication
facility until all such fees have been paid.
17.70.130 Independent Technical Review.
A. Although the City intends for City staff to review administrative matters to the extent
feasible, the City may retain the services of an independent, radio frequency
technical expert to provide technical evaluation of permit applications for WCFs,
including administrative and conditional use permits. Based upon the results of the
third-party review, the City may require changes to the application to comply with the
recommendations of the expert. The technical expert review may include, but is not
limited to
1. the accuracy and completeness of the items submitted with the application;
2. the applicability of analysis and techniques and methodologies proposed by the
applicant;
3. the validity of conclusions reached by the applicant; and
4. whether the proposed WCF complies with the applicable approval criteria set
forth in this chapter.
B. The selection of the third-party expert shall be by mutual agreement between the
applicant and the City, and such agreement shall not be unreasonably withheld by
either party. The third-party expert shall have recognized training and qualifications
in the field of radio frequency engineering.
C. The applicant shall pay the cost for any independent consultant fees, through a
deposit, estimated by the City, paid within ten (10) days of the City’s request. When
the City requests such payment, the application shall be deemed incomplete for
purposes of application processing timelines. In the event that such costs and fees
do not exceed the deposit amount, the City shall refund any unused portion within
thirty (30) days after the final permit is released or, if no final permit is released,
within thirty (30) days after the City receives a written request from the applicant. If
the costs and fees exceed the deposit amount, the applicant shall pay the difference
to the City before the permit is issued.
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Exhibit A – Ord Amending Chapter 17.70 WCF (1-26-2021)
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17.70.140 Exception from Standards.
A. No WCF shall be used or developed contrary to any applicable development
standard unless an exception has been granted pursuant to this Section. These
provisions apply exclusively to WCFs and are in lieu of the generally applicable
variance and design deviation provisions in EWMC Title 17, provided this section
does not provide an exception from this chapter’s visual impact and stealth design
requirements or the approval criteria set forth in Section 17.70.080.
B. Procedure Type. A wireless communications facility exception is a Type III
procedure.
C. Submittal Requirements. In addition to the general submittal requirements for a Type
III application, an application for a wireless communication facility exception shall
include:
1. A written statement demonstrating how the exception would meet the criteria.
2. A site plan that includes:
a. Description of the proposed facility’s design and dimensions, as it would
appear with and without the exception.
b. Elevations showing all components of the wireless communication facility as it
would appear with and without the exception.
c. Color simulations of the wireless communication facility after construction
demonstrating compatibility with the vicinity, as it would appear with and
without the exception.
D. Criteria. An application for a wireless communication facility exception shall be
granted if the following criteria are met:
1. The exception is consistent with the purpose of the development standard for
which the exception is sought.
2. Based on a visual analysis, the design minimizes the visual impacts to residential
zones through mitigating measures, including, but not limited to, building heights,
bulk, color, and landscaping.
3. The applicant demonstrates the following:
a. A significant gap in the coverage, capacity, or technologies of the service
network exists such that users are regularly unable to connect to the service
network, or are regularly unable to maintain a connection, or are unable to
achieve reliable wireless coverage within a building;
b. The gap can only be filled through an exception to one or more of the
standards in this chapter; and
c. The exception is narrowly tailored to fill the service gap such that the wireless
communication facility conforms to this chapter’s standards to the greatest
extent possible.
4. Exceptions in Residential Zones. For a new tower proposed to be located in a
residential zone or within 150 feet of a residential zone, unless the proposal
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qualifies as a preferred location on City-owned or operated property or facilities
under EWMC 17.70.050(B)(3), the applicant must also demonstrate that the
manner in which it proposes to fill the significant gap in coverage, capacity, or
technologies of the service network is the least intrusive on the values that this
chapter seeks to protect.
17.70.150 Eligible Facilities Modifications.
A. Application. The department shall prepare and make publicly available an
application form which shall be limited to the information necessary for the
department to consider whether an application is an Eligible Facilities Request. The
application may not require the applicant to demonstrate a need or business case for
the proposed modification.
B. Type of Review. Upon receipt of an application for an Eligible Facilities Request
pursuant to this section, the department shall review such application to determine
whether the application qualifies under this section.
C. Timeframe for Review. Within 60 days of the date on which an applicant submits an
application seeking approval under this section, the department shall approve the
application unless it determines that the application is not covered by this section.
D. Tolling of the Timeframe for Review. The 60-day review period begins to run when
the application is filed and may be tolled only by mutual agreement by the
department and the applicant, or in cases where the department determines that the
application is incomplete. The timeframe for review is not tolled by a moratorium on
the review of applications.
1. To toll the timeframe for incompleteness, the department must provide written
notice to the applicant within 30 days of receipt of the application, specifically
delineating all missing documents or information required in the application.
2. The timeframe for review begins running again when the applicant makes a
supplemental submission in response to the department’s notice of
incompleteness.
3. Following a supplemental submission, the department will notify the applicant
within 10 days that the supplemental submission did not provide the information
identified in the original notice delineating missing information. The timeframe is
tolled in the case of second or subsequent notices pursuant to the procedures
identified in paragraph (d) of this section. Second or subsequent notices of
incompleteness may not specify missing documents or information that were not
delineated in the original notice of incompleteness.
E. Interaction with Section 332(c)(7). If the department determines that the applicant’s
request is not covered by Section 6409(a) as delineated under this section, the
presumptively reasonable timeframe under Section 332(c)(7), as prescribed by the
FCC’s Shot Clock order, will begin to run from the issuance of the department’s
decision that the application is not a covered request. To the extent such information
is necessary, the department may request additional information from the applicant
to evaluate the application under Section 332(c)(7), pursuant to the limitations
applicable to other Section 332(c)(7) reviews.
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Exhibit A – Ord Amending Chapter 17.70 WCF (1-26-2021)
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F. Failure to Act. In the event the department fails to approve or deny a request
seeking approval under this section within the timeframe for review (accounting for
any tolling), the request shall be deemed granted. The deemed grant does not
become effective until the applicant notifies the applicable reviewing authority in
writing after the review period has expired (accounting for any tolling) that the
application has been deemed granted.
17.70.160 Indemnification.
Each permit issued shall have as a condition of the permit a requirement that the
applicant defend, indemnify and hold harmless the City and its officers, agents,
employees, volunteers, and contractors from any and all liability, damage, or charges
(including attorneys’ fees and expenses) arising out of claims, suits, demands, or
causes of action as a result of the permit process, granted permit, construction,
erection, location, performance, operation, maintenance, repair, installation,
replacement, removal, or restoration of the WCF on City property or in the public right-
of-way.
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The East Wenatchee Planning Commission is a citizen advisory commission appointed by the Mayor
to provide advice and recommendations on land use matters. Planning Commission actions are not final decisions:
they are recommendations to the City Council who will make the final decision on land use matters.
CITY OF EAST WENATCHEE
COMMUNITY DEVELOPMENT DEPARTMENT
271 9th Street NE * East Wenatchee, WA 98802
Phone (509) 884-5396 * Fax (509) 884-6233
EAST WENATCHEE PLANNING COMMISSION
Chair: Sally Brawley, Vice Chair: Gary Palmer, Chaun Birks,
Robert Hunter, Norma Jean Jessup, John Brown, and Lance Merz
Summary Minutes
Due to the Governor’s Proclamation 20-28 related to the COVID-19 Pandemic health
emergency, this meeting was held remotely using the Zoom Platform. A link for Zoom
video conferencing and a telephonic access number were distributed to the
Commissioners and public with the agenda and public meeting notice.
Tuesday, January 26, 2021 - 5:30 PM
I. CALL TO ORDER
Commissioner Brawley called the meeting to order at 5:30pm
Roll Call: Sally Brawley (Chair), John Brown, Robert Hunter, Norma Jean Jessup,
Lance Merz and Gary Palmer were present. Some technical difficulties led to Chaun
Birks joining the meeting prior to the public hearing.
Staff Present: Lori Barnett, Community Development Director, and Jennifer Groos,
Associate Planner.
There was a quorum for the meeting.
II.ADMINISTRATIVE PROCEDURES
A. Chair Brawley introduced the newest Planning Commission member Lance Merz,
during the roll call.
B. Election of Officers: Chair and Vice-Chair (Terms will begin in February)
Motion by Commissioner Jessup to appoint Gary Palmer as Chair and
John Brown as Vice-Chair, seconded by Commissioner Hunter. Motion
carried 6-0.
C. Consideration of Summary Minutes from the November 24, 2020 Planning
Commission Meeting.
Motion by Commissioner Jessup, second by Commissioner Hunter to
approve the Summary Minutes from the November 24, 2020 Planning
Commission Meeting. Motion carried 6-0.
D. Chair Brawley explained the public hearing procedures.
III.OLD BUSINESS
A. ZTA 2017-02 Wireless Communication Facilities (WCF) Chapter Update to
consider proposed amendments to Chapter 17.70 EWMC-Wireless
Communications Facilities, updating provisions for: tower heights and locations,
small cell facilities, installation standards, definitions, modifications to facilities,
and facilities in the right of way.
The public hearing was opened at 5:39pm.
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Planning Commission Summary Minutes – 01/26/2021
Page 2
Director Barnett reviewed the changes proposed for the zoning text amendment
to the Wireless Communication Facilities chapter and explained that the current
interim regulations have been in placed for over a year.
Director Barnett also noted that the amendments include revisions to the purpose
statement, new and modified definitions, stealth/visibility technologies, facilities in
the public right-of-way, small-cell facilities, distributed antenna systems, methods
of abandonment, permitting processes, exceptions, and eligible facilities
modifications.
Meridee Pabst, a consultant that works with WCF providers, has been in
correspondence with Ms. Barnett regarding the definition of “Substantial Change”
adopted by the FCC which became effective on January 15, 2021. Director
Barnett provided a document showing the comparison between the existing text
and changes that would be necessary to be consistent with the FCC change.
Director Barnett asked for any questions regarding the new proposed changes.
Commissioner Brown asked for clarification on whether any major changes had
been made since the last workshop, and Director Barnett confirmed that the only
changes were those discussed at the January 26, 2021 meeting and a few minor
corrections to typographical errors.
There was no public testimony offered. The public hearing was closed at 5:48pm.
Motion by Commissioner Birks to recommend to the City Council approval
of ZTA 2017-02 based on the findings of fact and conclusions in the staff
report and including the amended language in the definition of “Substantial
Change”. Commissioner Jessup seconded. Motion carried 7-0.
IV. NEW BUSINESS – NONE
V. OTHER BUSINESS
Public comments period. There were no comments made.
VI. ADJOURNMENT 5:51 PM
Respectfully Submitted,
Lorraine C. Barnett
Community Development Director
Date of Approval
Planning Commission Chair
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Comparison of East Wenatchee Draft Language to revised §1.6100(7)
definition of “substantial change” dated January 15, 2021.
East Wenatchee Draft Text (Page 7) Revised FCC Text
II. “Substantial change” means a
modification that substantially changes
the physical dimensions of an eligible
support structure meeting any of the
following criteria:
1. For towers other than towers in the
public rights-of-way, it increases the
height of the tower by more than 10% or
by the height of one additional antenna
array with separation from the nearest
existing antenna not to exceed twenty
feet, whichever is greater; for other
eligible support structures, it increases
the height of the structure by more than
10% or more than ten feet, whichever is
greater;
a.Changes in height should be
measured from the original support
structure in cases where deployments
are or will be separated horizontally,
such as on buildings’ rooftops; in other
circumstances, changes in height
should be measured from the
dimensions of the tower or base
station, inclusive of originally approved
appurtenances and any modification
that were approved prior to the
passage of the Spectrum Act.
2. For towers other than towers in the
public rights-of-way, it involves adding an
appurtenance to the body of the tower
that would protrude from the edge of the
tower more than twenty feet, or more than
the width of the Tower structure at the
level of the appurtenance, whichever is
greater; for other eligible support
structures, it involves adding an
appurtenance to the body of the structure
that would protrude from the edge of the
structure by more than six feet;
3. For any eligible support structure, it
involves installation of more than the
(7) Substantial change. A modification
substantially changes the physical
dimensions of an eligible support
structure if it meets any of the following
criteria:
(i) For towers other than towers in the
public rights-of-way, it increases the
height of the tower by more than 10% or
by the height of one additional antenna
array with separation from the nearest
existing antenna not to exceed twenty
feet, whichever is greater; for other
eligible support structures, it increases
the height of the structure by more than
10% or more than ten feet, whichever is
greater;
(A) Changes in height should be
measured from the original support
structure in cases where deployments
are or will be separated horizontally,
such as on buildings' rooftops; in other
circumstances, changes in height
should be measured from the
dimensions of the tower or base
station, inclusive of originally approved
appurtenances and any modifications
that were approved prior to the
passage of the Spectrum Act.
(ii) For towers other than towers in the
public rights-of-way, it involves adding an
appurtenance to the body of the tower
that would protrude from the edge of the
tower more than twenty feet, or more than
the width of the tower structure at the
level of the appurtenance, whichever is
greater; for other eligible support
structures, it involves adding an
appurtenance to the body of the structure
that would protrude from the edge of the
structure by more than six feet;
(iii) For any eligible support structure, it
involves installation of more than the
Comparison with Revised Text Submitted on 1/22/2021
by Meridee Pabst, Wireless Policy Group LLC
Exhibit 3 2/16/2021 City Council Agenda Packet
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standard number of new equipment
cabinets for the technology involved, but
not to exceed four cabinets; or, for towers
in the public rights-of-way and base
stations, it involves installation of any new
equipment cabinets on the ground if there
are no pre-existing ground cabinets
associated with the structure, or else
involves installation of ground cabinets
that are more than 10% larger in height or
overall volume than any other ground
cabinets associated with the structure;
4. It entails any excavation or deployment
outside the current site;
5. It would defeat the concealment
elements of the eligible support structure;
or
6. It does not comply with conditions
associated with the siting approval of the
construction or modification of the eligible
support structure or base station
equipment, provided however that this
limitation does not apply to any
modification that is non-compliant only in
a manner that would not exceed the
thresholds identified in paragraphs (g)(i)-
(g)(iv) of this section.
7. For purposes of this section, changes
in height should be measured from the
original support structure in cases where
deployments are or will be separated
horizontally, such as on buildings’
rooftops; in other circumstances, changes
in height should be measured from the
dimensions of the tower or base station,
inclusive of originally approved
appurtenances and any modifications that
were approved prior to the passage of the
Spectrum Act. 47 CFR §
1.40001(b)(7)(i)(A).
standard number of new equipment
cabinets for the technology involved, but
not to exceed four cabinets; or, for towers
in the public rights-of-way and base
stations, it involves installation of any new
equipment cabinets on the ground if there
are no pre-existing ground cabinets
associated with the structure, or else
involves installation of ground cabinets
that are more than 10% larger in height or
overall volume than any other ground
cabinets associated with the structure;
(iv) It entails any excavation or
deployment outside of the current site,
except that, for towers other than towers
in the public rights-of-way, it entails any
excavation or deployment of transmission
equipment outside of the current site by
more than 30 feet in any direction. The
site boundary from which the 30 feet is
measured excludes any access or utility
easements currently related to the site;
(v) It would defeat the concealment
elements of the eligible support structure;
or
(vi) It does not comply with conditions
associated with the siting approval of the
construction or modification of the eligible
support structure or base station
equipment, provided however that this
limitation does not apply to any
modification that is non-compliant only in
a manner that would not exceed the
thresholds identified in §1.40001(b)(7)(i)
through (iv).
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CITY OF EAST WENATCHEE
COMMUNITY DEVELOPMENT DEPARTMENT
271 9th Street NE * East Wenatchee, WA 98802
Phone (509) 884-5396 * Fax (509) 884-6233
STAFF REPORT
TO: East Wenatchee Planning Commission
FROM: East Wenatchee Community Development Department
DATE: January 26, 2021
SUBJECT: ZTA 2017-02 amending chapter 17.70 EWMC - Wireless
Communication Facilities
I. GENERAL INFORMATION
Applicant: East Wenatchee Planning Commission
271 9th Street NE
Wenatchee, WA 98802
Project Planner: Lori Barnett
509-884-5396
A. Proposal: Proposed amendments to chapter 17.70 EWMC regulating wireless
communication facilities.
B. Location: The proposal will be applicable to properties within the city of East
Wenatchee and properties in unincorporated Douglas County that are located
within the City’s urban growth area.
II.PROPOSAL ANALYSIS
A. Background: The Telecommunications Act of 1996 was adopted by Congress
as a way to remove regulatory barriers and encourage competition among all
types of communications companies. Limitations were placed on local
governments regarding regulation of such facilities to ensure that adequate
locations would be available for siting facilities.
On November 12, 2002, the City adopted Ordinance 2002-22 adding Chapter
17.70 to the East Wenatchee Municipal Code (“EWMC”) establishing
standards for wireless communication facilities.
In 2012, Congress passed the “Middle Class Tax Relief and Job Creation Act of
2012” (the “Spectrum Act”) which in part, amended the Telecommunications Act.
Changes to federal laws, regulations and court cases related to wireless
communication services as well as technological developments and changes in
consumer demand and usage have reshaped the wireless industry and
increased the demand for and complexity of siting wireless facilities within the
City. To provide the City time for a thorough review of codes, the City Council
Exhibit 4
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Staff Report - ZTA 2017-02 Amend Chapter 17.70 EWMC - WCF
January 26, 2021
Page 2
adopted a six-month moratorium on January 10, 2017 prohibiting the acceptance
of applications for WCF permits.
On February 28, 2017, the City Council adopted Ordinance 2017-05, repealing
and replacing the earlier moratorium. Ordinance 2017-05 would prohibit new
facilities while allowing existing facilities to be upgraded. The moratorium was
extended on several occasions.
The Planning Commission held workshops on April 4, 2017, June 6, 2017 and
August 15, 2017. The Planning Commission heard from industry representatives,
reviewed and discussed codes from other jurisdictions, model code provisions
provided by the industry, fact sheets from the Federal Communications
Commission, and summaries and discussions of legal issues regulating WCF.
A final draft of the revisions to the WCF Code was reviewed by the Planning
Commission at their June 19, 2018. Concern was expressed by industry
representative that the final draft did not adequately address facilities in all
commercial and residential zoning districts. After considering comments from
service providers and discussion among the planning commission, it was decided
to take a different approach and to develop interim regulations that would provide
guidance on the most critical matters and initiate a process to expand the
participation of the service providers.
The Planning Commission held a public hearing on August 7, 2018 to review the
draft interim regulations. A recommendation of approval was forwarded to the
City Council and Ordinance 2018-13 was adopted on August 14, 2018.
In September 2018, the Federal Communications Commission issued
Declaratory Ruling and Third Report and Order WT Docket No. 17-79; WC
Docket No. 17-84 for Accelerating Wireline Broadband Deployment by Removing
Barriers to Infrastructure Investment. The ruling was effective January 14, 2019
including additional requirements and limitations for local regulation of WCF.
Additional work on the draft to address the Spectrum Act was completed by staff
and a revised Interim Ordinance was adopted by the City Council on February 5,
2019 with passage of Ordinance 2019-03.
On April 30, 2019, the Planning Commission held a public hearing and
formulated a recommendation for the adoption of several of the proposed
amendments to the WCF Code that were specific to the Commercial Low-Density
(C-L) Zoning District. Those amendments were adopted by the City Council on
May 21, 2019, with Ordinance 2019-11. That proposal did address a request
from an industry representative to increase the height of towers in the C-L District
from 50 feet to 70 feet to be consistent with other commercial zoning districts.
On October 1, 2019, the City Council adopted Ordinance 2019-15 extending the
effective period of the remaining interim regulations for a period of 12 months.
That ordinance expired on October 1, 2020.
The Planning Commission held a workshop on November 24, 2020 to review and
discuss the revised interim regulations.
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Staff Report - ZTA 2017-02 Amend Chapter 17.70 EWMC - WCF
January 26, 2021
Page 3
Although all of the issues that halted the 2018 adoption of the amendments have
not been addressed, Staff is recommending that the city adopt the work that has
been completed so far to provide some predictability and consistency for
potential WCF projects.
B. Comprehensive Plan: The Greater East Wenatchee Area Comprehensive Plan
(2019) is the guidance document for land uses within the community and urban
area. The following goal and policies from the Utilities Chapter of that plan
address wireless communications facilities:
GOAL 3: Provide reliable and cost effective telecommunications systems to
facilitate communication between members of the public, public institutions
and business.
UT 16: Development regulations shall be flexible and receptive to innovations and
advances in telecommunications technology.
UT 17: Minimize visual impacts when authorizing the siting of new
telecommunications facilities by encouraging low visibility technology.
The proposed text amendments will expand the options and availability for WCF.
The code includes language specific to reducing the visual impact of WCF by
requiring stealth design when the project is within a residential zoning district.
Stealth design is encouraged for all facilities.
C. Zoning: Chapter 17.70 of the East Wenatchee Municipal Code contains the
requirements for wireless communication facilities. As mentioned above, the City
started a review and update process in 2017. A portion of the amendments were
approved in 2019 for properties within the C-L Zoning District. The proposal
under consideration would adopt the remainder of the amendments. The main
amendments include:
•Additions to the Purpose section
•New and modified definitions to address state and federal regulations
•Updating the application materials section
•Amending standards for stealth design – making the facility blend into the
character of the neighborhood
•Adding provisions for facilities in the right of way
•Standards for Small Cell and Distributed Antenna Systems –networks of
smaller systems that are interconnected and support the larger macro-
facilities such as towers
•The abandonment section was revised and clarified
•A provision for independent technical review was added
•A process for an exception to the standards was added
•Standards for eligible facility modification was added
•A requirement to indemnify the city was added
An issue raised by industry representatives that has not been resolved relates to
expanding the availability of WCF in more zoning districts. Towers are permitted
in the commercial districts and by conditional use permit in the Residential High
Density/Office Zoning District (R-H) after obtaining a conditional use permit. No
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Staff Report - ZTA 2017-02 Amend Chapter 17.70 EWMC - WCF
January 26, 2021
Page 4
towers are permitted in the Waterfront Mixed Use or Mixed Use Zoning Districts.
It is anticipated that additional work will be accomplished this year.
D. State Review: RCW 36.70A.106 requires local agencies to submit a notice of
intent to the Washington State Department of Commerce (Commerce) for all
proposed amendments to comprehensive plans and development regulations.
The proposal was submitted to Commerce on June 12, 2018. No comments from
state agencies or other local jurisdictions were received.
E. Environmental Review: An Environmental Checklist was prepared on January
18, 2021. A threshold determination and environmental review pursuant to RCW
43.21C the State Environmental Policy Act was completed, and a Determination
of Non-significance was issued on January 18, 2021 with no comment period.
III.SUMMARY
Planning Staff Comments:
Staff recommends approval of the proposed Municipal Code amendments and offers
suggested Findings of Fact and Conclusions in Section IV of this report for
consideration by the Planning Commission. The findings and conclusion may be
modified as appropriate to support the decision on the proposal.
IV.SUGGESTED FINDINGS AND CONCLUSIONS
A. FINDINGS OF FACT
1.Proposed amendments chapter 17.70 EWMC regulating wireless communication
facilities.
2.The U. S. Congress adopted the Telecommunications Act of 1996 (hereinafter
the "Act") to encourage the development of high-technology communication
systems through increased competition among communication companies. The
Act provides for the removal of regulatory barriers, rate deregulation and
relaxation of certain anti-trust provisions in an attempt to achieve this goal.
3.The City's regulation of wireless communications towers and facilities in the City
will not have the effect of prohibiting any person from providing wireless
communications services in violation of the Act.
4.Deployment of new wireless telecommunication networks could have dramatic
impacts on land use patterns, aesthetics, and the public health, safety, and
welfare due to the number of new wireless facilities and service providers in the
region.
5.The Greater East Wenatchee Area Comprehensive Plan (2019) reflects the
community’s preferred future and contains goals and policies pertaining to the
provision of utilities and specifically wireless communication facilities. The plan
recommends that the City adopt regulations that are flexible and receptive to
innovations and advances in the industry and regulate the placement of
telecommunication facilities while preserving and protecting the interests of the
community and minimizing visual impacts by encouraging low visibility technology.
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Staff Report - ZTA 2017-02 Amend Chapter 17.70 EWMC - WCF
January 26, 2021
Page 5
6.The City finds that the periodic update of standards and siting criteria for wireless
communication facilities is necessary for the protection of the public health,
safety, and property rights.
7.The Planning Commission held workshops on April 4, 2017, June 6, 2017,
August 15, 2017, June 19, 2018, and November 24, 2020 and a public hearing
on August 7, 2018.
8. The Planning Commission heard from industry representatives; and reviewed
and discussed codes from other jurisdictions, model code provisions provided by
the industry, fact sheets from the Federal Communications Commission, and
summaries and discussions of legal issues regulating WCF.
9.Advertisement of the Planning Commission’s public hearing was published in the
Wenatchee World on January 16, 2021 and posted on the City’s web site.
10.The East Wenatchee Planning Commission held a duly advertised open-record
public hearing on January 26, 2021.
11.Any Finding of Fact that is more correctly a Conclusion of Law is hereby
incorporated by this reference.
B. CONCLUSIONS
1.The proposal is consistent with and implements policies in the Greater East
Wenatchee Area Comprehensive Plan.
2.The proposed standards are consistent with the limitations on local government
control of wireless communication facilities within the Telecommunications Act of
1996 and the Spectrum Act.
3.Approval of the proposal will not be detrimental to the public health, safety, and
general welfare.
4.Proper legal requirements of RCW 36.70A.106 and Title 19 EWMC were met and
the community and state agencies were given the opportunity to comment on the
proposal at duly noticed public workshops and a public hearing.
5.It is the determination of the lead agency that no more than a moderate effect on
the environment is a reasonable probability as a result of the proposed action.
The proper exercise of the threshold determination process as required by WAC
197-11 is than an environmental impact statement is not required to be prepared
for this project.
6.The proposed amendments have been processed in a manner consistent with the
requirements of the Revised Code of Washington and the Washington
Administrative Code.
7.Any Conclusion of Law that is more correctly a Finding of Fact is hereby
incorporated by this reference.
Exhibits:
A. Proposed Amendments to EWMC 17.43.020
B. SEPA DNS and Checklist
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Exhibit A – Ord Amending Chapter 17.70 WCF (1-11-2021)
Page 1
Exhibit A
Amendment 1. The City Council amends chapter 17.70 of the East Wenatchee
Municipal Code to read as follows.
Chapter 17.70
WIRELESS COMMUNICATIONS FACILITIES (WCF)
Sections:
17.70.010 Purpose.
17.70.020 Relationship to other ordinances.
17.70.030 Definitions.
17.70.040 Permits and exemptions.
17.70.050 Application materials.
17.70.060 General development standards for all WCF, broadcast and relay towers,
and satellite dishes.
17.70.070 Large satellite dish antenna(s) – Development standards.
17.70.080 Broadcast and relay towers – Development standards.
17.70.085 Collocation of Antennas, Distributed Antenna Systems and Small Cells
17.70.087 Distributed Antenna Systems (DAS) and Small Cells.
17.70.090 Wireless communications facilities – Development standards.
17.70.100 General siting criteria.
17.70.110 Discontinuation of Use or Abandonment.
17.70.120 Fees – Wireless communications permit fees.
17.70.130 Independent Technical Review
17.70.140 Exception from Standards
17.70.150 Eligible Facilities Modifications
17.70.160 Indemnification
17.70.010 Purpose.
The purpose of this chapter is to establish development regulations for the siting of
wireless communications facilities (WCF) and to assure that the siting of WCF is
accomplished in a manner that will protect the public health, safety, and welfare of the
citizens of the city of East Wenatchee by promoting the goals of this chapter. The goals
of this chapter are to:
A. Protect the community’s natural beauty, visual quality and safety while facilitating the
reasonable and balanced provision of wireless communication services. More
specifically, it is the City’s goal to minimize the visual impact of wireless
communication facilities on the community, particularly in and near residential zones;
A.B. Provide a range of locations in a variety of zones and options for siting of WCF;
B.C. Provide clear performance standards for addressing the siting of WCF;
C.D. Encourage location of WCF on existing structures, including utility poles, signs,
water towers, buildings and on other WCF where feasible;
D.E. Encourage co-locationcollocation and site sharing of new and existing WCF;
E.F. Facilitate the use of public property and structures for siting of WCF;
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Exhibit A – Ord Amending Chapter 17.70 WCF (1-11-2021)
Page 2
F.G. Streamline and expedite permitting procedures in accordance with the intent of
state and federal law;
G.H. Enhance the ability of providers of personal communications services to provide
such service quickly, effectively and efficiently;
H.I. Require adherence to state and federal environmental laws;
J. Ensure air traffic safety for local aviation users, and the general public;.
K. To implement Section 6409 of the “Middle Class Tax Relief and Job Creation Act of
2012” (the “Spectrum Act”) (PL-112-96; codified at 47 U.S.C. Section 1455(a)) which
requires the city to approve any eligible facilities request for a modification of an
existing tower or base station that does not substantially change the physical
dimensions of such tower or base station; and
L. To implement the FCC rules set forth at 47 C.F.R. Part 1 (Part 1 – Practice and
Procedure), new Subpart CC Section 1.40001 (Wireless Facility Modifications),
which rules implement Section 6409 of the Spectrum Act.
(Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002)
17.70.020 Relationship to other ordinances.
A. Where allowed by law, this chapter shall supersede all conflicting requirements of
other codes and ordinances regarding location and permitting of WCF, except
shorelines, environmental regulations and specific franchises.
B. Franchise. Nothing in this chapter is intended to provide for a franchise, license or
permit for the installation of wireless communications facilities within the public
rights-of-way. Franchise agreements remain the discretion of the East Wenatchee
city council. (Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002)
17.70.030 Definitions.
A. “Antenna(s)”means an apparatus designed for the purpose of emitting
radiofrequency (RF) radiation, to be operated or operating from a fixed location
pursuant to FCC authorization, for the provision of personal wireless service and any
commingled information services. For purposes of this definition, the term “antenna”
does not include an unintentional radiator, mobile station, or device authorized under
47 CFR Part 15. or “antenna array” means any system of electromagnetically tuned
wires, poles, rods, panels, discs or similar devices used to transmit or receive
electromagnetic waves between terrestrial and/or orbital based points, includes but
is not limited to radio antennas, television antennas, satellite dish antennas, and
cellular antennas. The antenna array does not include the support structure (defined
in subsection N of this section).
1.“Omni-directional (or “whip”) antennas” which transmit and receive radio frequency
signals in a 360-degree radial pattern. For the purpose of this chapter, omni-
directional antennas are up to 15 feet in height and up to six inches in diameter;
2.“Directional (or “panel”) antennas” which transmit and receive radio frequency
signals in a specific directional pattern of less than 360 degrees; and
3.“Parabolic (or “dish”) antennas” which are bowl-shaped devices for the reception
and/or transmission of communications signals in a specific directional pattern.
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Exhibit A – Ord Amending Chapter 17.70 WCF (1-11-2021)
Page 3
4.B. “Antenna Array” means a single or group of antenna elements and associated
mounting hardware, transmission lines, or other appurtenances which share a
common attachment device such as a mounting frame or mounting support structure
for the sole purpose of transmitting or receiving electromagnetic waves.
B.C. “Attached WCF” shall mean an antenna that is attached to an existing building or
structure (attachment structure) which structures shall include but not be limited to
utility poles, signs, water towers, with any accompanying pole or device (attachment
device) which attaches the antenna to the existing building or structures and
associated connection cables and an equipment facility which may be located either
inside or outside of the attachment structure. An attachment structure shall not
include an existing or proposed WCF.
D. “Base Station” means a structure or equipment at a fixed location that enables
Commission-licensed or authorized wireless communications between user
equipment and a communications network. The term does not encompass a tower
as defined in this chapter or any equipment associated with a tower.
1. The term includes, but is not limited to, equipment associated with wireless
communications services such as private, broadcast, and public safety services,
as well as unlicensed wireless services and fixed wireless services such as
microwave backhaul.
2. The term includes, but is not limited to, radio transceivers, antennas, coaxial or
fiber-optic cable, regular and backup power supplies, and comparable
equipment, regardless of technological configuration (including Distributed
Antenna Systems and small cell networks).
3. The term includes any structure other than a tower that, at the time the relevant
application is filed with the City under this section, supports or houses equipment
described in this section that has been reviewed and approved under the
applicable zoning or siting process, or under Washington or local regulatory
review process, even if the structure was not built for the sole or primary purpose
of providing such support.
4. The term does not include any structure that, at the time the relevant application
is filed with Washington or the City under this section, does not support or house
equipment described in this section.
C.E. “Broadcast or relay tower” shall mean a freestanding support structure, attached
antenna(s), and related equipment intended for transmitting, receiving or re-
transmitting commercial radio, television, telephone, cellular, or other
communications services. This includes, but is not limited to, lattice towers, guy
towers, and monopoles.
F. “Camouflaged” means a WCF that is designed to blend into the surrounding
environment through the use of shape, color and texture to cause an object to
visually appear to become a part of something else. Examples of camouflaged
facilities may include architecturally screened roof-mounted antennas, building-
mounted antennas painted to match the existing structure, towers made to look like
trees, and antenna support structures designed to look like flagpoles or light poles.
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Exhibit A – Ord Amending Chapter 17.70 WCF (1-11-2021)
Page 4
G. “Carrier on Wheels or Cell on Wheels” or “COW” means a portable self-contained
WCF that can be moved to a location and set up to provide wireless services on a
temporary or emergency basis. A COW is normally vehicle-mounted and contains a
telescoping boom as the antenna support structure.
H. “Cellular communications facility” shall mean any unstaffed facility for the
transmission of radio frequency signals and includes antennas, equipment shelters,
and other equipment necessary to provide wireless transmission and reception
utilizing cellular technology for various wireless communication systems including
cellular phones, personal communication systems (PCS), paging, and similar
systems.
D.I. “Cell site” means a tract or parcel of land or building that contains the WCF
including any antenna, antenna support structure, accessory buildings, access
driveway and associated parking, and may include other uses associated with and
ancillary to wireless services.
J. “Collocation” means the mounting or installation of transmission equipment on an
eligible support structure for the purpose of transmitting and/or receiving radio
frequency signals for communications purposes. “Co-locationCollocation/site
sharing” shall mean use of a common WCF or common site by two or more wireless
license holders, or by one wireless license holder for more than one type of
communications technology and/or placement of a WCF on a structure owned and
operated by a utility or other public entity.
K. “Commission” means the Federal Communications Commission (“FCC”).
E.L. ”Concealment” means fully hidden from view. For example, a WCF is concealed
when it is completely hidden or contained within a structure, such as a building, wall,
roof or pole.
M. “Distributed Antenna System” or “DAS” means a network consisting of transceiver
equipment at a central hub site to support multiple antenna locations throughout the
desired coverage area.
N. “Eligible Facilities Request” means any request for modification of an existing tower
or base station that does not substantially change the physical dimensions of such
tower or base station, involving:
1.Collocation of new transmission equipment;
2.Removal of transmission equipment; or
3.Replacement of transmission equipment.
F.O. “Equipment structure or enclosure”: means a facility, shelter, cabinet or vault
used to house and protect electronic or other associated equipment necessary for
processing wireless communications signals. “Associated equipment” may include,
for example, air conditioning, backup power supplies and emergency generators.
“Equipment facility/shelter” shall mean any structure used to contain ancillary
equipment for a WCF which includes cabinets, shelters, a build-out of an existing
structure, pedestals and other similar structures.
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P. “Eligible support structure” means any tower or base station as defined in this
section, provided that it is existing at the time the relevant application is filed with the
City under this section.
Q. “FAA” means the Federal Aviation Administration.
G.R. “FCC” or “Federal Communications Commission” shall mean the federal
administrative agency, or lawful successor, authorized to regulate and oversee
communications carriers, services and providers on a national level.
S. “Macrocell” means a tower or an attached wireless communication facility which
consists of antennas equal to or less than 15 feet in height or a parabolic antenna up
to one meter (39.37 inches) in diameter and with an area not more than 75 square
feet in the aggregate as viewed from any one point.
H.T. “Microcell” shall mean a wireless communication facility consisting of an antenna
that is either:
1. Four feet in height and with an area of not more than 580 square inches; or
2. If a tubular antenna, no more than four inches in diameter and no more than six
feet in length.
I.U. "Minor facility" means a wireless communication facility consisting of up to three
antennas, each of which is either: (i) Four feet in height and with an area of not more
than 580 square inches; or (ii) if a tubular antenna, no more than four inches in
diameter and no more than six feet in length; and the associated equipment cabinet
that is six feet or less in height and no more than 48 square feet in floor area
V. “Nonresidential” or “nonresidential zone”: means all portions of the City (including
rights-of-way adjacent thereto, measured to the centerline of the right-of-way) in an
area not zoned residential as defined in this chapter.
J.W. “Personal wireless services” shall mean commercial mobile services, unlicensed
wireless services, and common carrier wireless exchange access services, as
defined by federal laws and regulations.
K.X. “Personal wireless services facilities” shall mean facilities for the provision of
personal wireless services.
Y. “Pole” shall mean a legally constructed pole, such as a utility, lighting, traffic signal
or similar pole made of wood, concrete, metal or other material, located or to be
located within the public right of way. A pole does not include a tower or support
structure.
Z. “Public right of way” shall mean the area on, below, or above property that has been
designated for use as or is used for a public street, sidewalk, alley or similar
purpose, and for purposes of this chapter shall include public utility easements, but
only to the extent the City has the authority to permit use of the area for
communications facilities. The term does not include a state or federal highway or
other areas that are not within the legal jurisdiction, ownership or control of the City.
AA. “Reception window obstruction” shall mean a physical barrier which would block
an electromagnetic signal.
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L.BB. “Replace” or “Replacement” shall mean, in connection with an existing pole or
support structure to replace the same with a new structure or pole, substantially
similar in design, size and scale to the existing structure in conformance with this
chapter and other applicable City regulations, in order to address limitations of the
existing structure to structurally support collocation or placement of a
communications facility.
CC. “Residential property” means all portions of any property which contains a
residence and any vacant property which has been designated for residential use in
an approved mixed use project.
DD. “Residential zone” shall include the R-L, R-M, and R-H Zoning Districts and
rights-of-way adjacent to each of the aforementioned zones, measured to the
centerline of the right-of-way.
M.EE. “Satellite dish antenna(s)” shall mean a type of antenna(s) and supporting
structure consisting of a solid, open mesh, or bar configured reflective surface used
to receive and/or transmit radio frequency communication signals. Such an
apparatus is typically in the shape of a shallow dish, cone, horn, or cornucopia.
There are generally two sizes of antennas:
1. “Large satellite dish” shall mean any satellite dish antenna(s) whose diameter is
greater than one meter in residential zones or two meters in industrial or
commercial zones.
2. “Small satellite dish” shall mean any satellite dish antenna(s) whose diameter is
less than or equal to one meter located in any zoning district or two meters within
industrial or commercial zones.
FF."Small cell facility" means a personal wireless services facility that meets both of the
following qualifications:
1. Each antenna is located inside an antenna enclosure of no more than three cubic
feet in volume or, in the case of an antenna that has exposed elements, the
antenna and all of its exposed elements could fit within an imaginary enclosure of
no more than three cubic feet; and
2. Primary equipment enclosures are no larger than seventeen cubic feet in volume.
The following associated equipment may be located outside the primary
equipment enclosure and if so located, are not included in the calculation of
equipment volume: Electric meter, concealment, telecomm demarcation box,
ground-based enclosures, battery back-up power systems, grounding equipment,
power transfer switch, and cut-off switch.
GG. "Small cell network" means a collection of interrelated small cell facilities
designed to deliver personal wireless services.
N.HH. “Stealth design or technology” means technology that minimizes the visual
impact of wireless communications facilities by camouflaging, disguising, screening,
and/or blending into the surrounding environment. Examples of stealth design
include but are not limited to facilities disguised as trees, flagpoles, bell towers, light
poles, pole signs, sculpture, and architecturally screened roof-mounted antennas.
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means a wireless facility that mimics something in the surrounding landscape, such
as trees, flag poles, etc., and is unrecognized as a tower or antennas. The design is
intended to be compatible with the environmental and cultural character of the
surrounding area.
“Street pole” means telephone, electric, or light pole located in a developed street
right of way.
II. “Substantial change” means a modification that substantially changes the physical
dimensions of an eligible support structure meeting any of the following criteria:
1. For towers other than towers in the public rights-of-way, it increases the height of
the tower by more than 10% or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed twenty feet,
whichever is greater; for other eligible support structures, it increases the height
of the structure by more than 10% or more than ten feet, whichever is greater;
a. Changes in height should be measured from the original support structure in
cases where deployments are or will be separated horizontally, such as on
buildings’ rooftops; in other circumstances, changes in height should be
measured from the dimensions of the tower or base station, inclusive of
originally approved appurtenances and any modification that were approved
prior to the passage of the Spectrum Act.
2. For towers other than towers in the public rights-of-way, it involves adding an
appurtenance to the body of the tower that would protrude from the edge of the
tower more than twenty feet, or more than the width of the Tower structure at the
level of the appurtenance, whichever is greater; for other eligible support
structures, it involves adding an appurtenance to the body of the structure that
would protrude from the edge of the structure by more than six feet;
3. For any eligible support structure, it involves installation of more than the
standard number of new equipment cabinets for the technology involved, but not
to exceed four cabinets; or, for towers in the public rights-of-way and base
stations, it involves installation of any new equipment cabinets on the ground if
there are no pre-existing ground cabinets associated with the structure, or else
involves installation of ground cabinets that are more than 10% larger in height or
overall volume than any other ground cabinets associated with the structure;
4. It entails any excavation or deployment outside the current site;
5. It would defeat the concealment elements of the eligible support structure; or
6. It does not comply with conditions associated with the siting approval of the
construction or modification of the eligible support structure or base station
equipment, provided however that this limitation does not apply to any
modification that is non-compliant only in a manner that would not exceed the
thresholds identified in paragraphs (g)(i)-(g)(iv) of this section.
7. For purposes of this section, changes in height should be measured from the
original support structure in cases where deployments are or will be separated
horizontally, such as on buildings’ rooftops; in other circumstances, changes in
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height should be measured from the dimensions of the tower or base station,
inclusive of originally approved appurtenances and any modifications that were
approved prior to the passage of the Spectrum Act. 47 CFR §
1.40001(b)(7)(i)(A).
O.JJ. “Support structure” shall mean a structure designed and constructed specifically
to support an antenna array, and may include a monopole, self-supporting (lattice)
tower, guy wire support tower and other similar structures. Any device (attachment
device) which is used to attach an attached WCF to any existing building or structure
(attachment structure) shall be excluded from the definition of and regulations
applicable to support structures.
P.KK. “Temporary wireless communication facility” shall mean a WCF to be placed in
use for 90 or fewer days, is not deployed in a permanent manner, and does not have
a permanent foundation.
Q.LL. “Tower, guyed” shall mean a tower that is supported, in whole or in part, by wires
and ground anchors.
R.MM. “Tower, lattice” shall mean a type of tower that is self-supporting with multiple
legs and cross bracing of structural metal.
S.NN. “Tower, monopole” shall mean a type of tower mount that is self-supporting
through a single shaft usually constructed of wood, metal or concrete.
T.OO. “Tower or wireless communications tower” shall mean any structure built for the
sole or primary purpose of supporting any Commission-licensed, Commission-
authorized antennas and their associated facilities, including structures that are
constructed for wireless communications services, including, but not limited to
private, broadcast, and public safety services, as well as fixed wireless services
such as microwave backhaul, and the associated site. any built structure, including
any guy wires and anchors, constructed for the purpose of support of antennas or
antenna or to serve as an antenna. This includes, but is not limited to, lattice towers,
guy towers, monopoles and attached antennas.
PP. “Tower Height” means the vertical distance measured from the base of the tower
structure at grade to the highest point of the structure including the antenna.
QQ. “Transmission equipment” means any equipment that facilitates transmission for
any FCC-licensed or authorized wireless communication service, including, but not
limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and
backup power supply. The term includes equipment associated with wireless
communications services including but not limited to, private broadcast, and public
safety services, as well as unlicensed wireless services and fixed wireless services
such as microwave backhaul.
RR. “Wireless communication facility (WCF)” shall mean any unstaffed facility for the
transmission and reception of radio or microwave signals used for commercial
communication. A wireless communication facility provides services which include
cellular telephone, personal communication services (PCS), specialized mobile radio
(SMR), enhanced specialized mobile radio (ESMR), paging, other mobile radio
services, and any other service provided by wireless common carriers licensed by
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the Federal Communications Commission (FCC). A wireless communication facility
may be attached to an existing structure or a freestanding tower. A wireless
communication facility consists of antenna(s) and related equipment and may
include an equipment enclosure, screening, or a support structure. (Ord. 10-03 § 3 (Exh.
A), 2010; Ord. 02-22 § 18, 2002)
17.70.040 Permits and exemptions.
A. Permits Required. Unless otherwise provided herein, it is unlawful for a person or
individual, company, corporation or association or any other entity to construct, alter,
transform, or add to a wireless communication facility (WCF) without first obtaining a
permit in compliance with the provisions of this chapter. A WCF permit shall not be valid
at any address or property other than the one appearing on the permit.
1. Building Permits. A building permit (Type IB or IIA) is required for all wireless
communications facilities unless specifically exempted under subsection B of this
section, Exemptions.
2. Wireless Communications Facility Permits. A communications facility permit
(Type IIA) is required for all wireless communications facilities, except for wireless
communication facilities which co-locatecollocate on an existing broadcast and relay
tower, where adequate provisions for antennas and ground-mounted equipment
exist. In such case only a building permit shall be required. All information listed in
EWMC 17.70.050(A) through (H) shall be submitted along with a completed wireless
communications facility permit application form.
3. Combined Review. Communication facilities regulated under this chapter which
are proposed in conjunction with a site plan approval application for industrial,
commercial or residential development shall not be required to obtain separate
building permit approval or separate communications facility permit approval.
However, communications facilities will be reviewed according to the same criteria
outlined in this section and all information required in EWMC 17.70.050(A) through
(H) shall be submitted with the application for the associated land use permit.
4. Expiration. A WCF permit shall expire at the end of two years or where lack of
construction and lack of operation for said facility indicate no measurable progress
on the permitted project.
B. Exemptions. The following antenna(s) shall be exempt from this chapter:
1. Small satellite dish antenna(s).
2. VHF and UHF receive-only television antenna(s) designed to receive television
broadcast signals with a maximum height of 15 feet above the highest peak of an
existing or proposed roof.
3. Low-powered networked communications facilities such as microcell radio
transceivers located on existing utility poles and light standards within the public
right-of-way. “Low-powered” refers to those facilities with maximum transmitter peak
output power that does not exceed one watt and is less than 14 inches by 16 inches
by eight inches with an antenna no greater than 30 inches in height above the
highest part of the existing pole or light standard Temporary WCF located on the
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same site as a proposed WCF on a temporary basis during the construction of a
permanent WCF for which necessary permits have been granted.
4. Normal, routine, and emergency maintenance and repair of existing wireless
communications facilities and related equipment which does not alter the location of
the facility, increase the height, size, footprint, or bulk of such facilities and which
otherwise complies with city, state and federal law and regulations.
5. Military, federal, state and local government communication towers and radar
systems used for navigational purposes, emergency preparedness, and public
safety purposes.
6. Amateur radio services and facilities owned and operated by a federally licensed
amateur radio station operator or are used exclusively for receive-only antennas. To
reasonably accommodate licensed amateur radio operators as required by Federal
Code of Regulations, 47 CFR Part 97, as amended, and Order and Opinion PRB I
of the Federal Communications Commission of September 1985, and RCW
32.51A.260, a licensed amateur radio operator may locate a tower in any zoning
district without first obtaining any permits from the city, provided the following
requirements are met:
a. The tower shall not exceed a height of 70 feet;
b. The tower and any antennas located thereon shall not have any lights of any
kind on it and shall not be illuminated either directly or indirectly by any artificial
means;
c. The color of the tower and any antennas located thereon must all be the same
and such that it blends into the sky, to the extent allowed under requirements set
forth by the Federal Aviation Administration;
d. No commercial advertising, logo, trademark, figurine or other similar marking
or lettering shall be placed on the tower;
e. The tower shall be located a distance equal to or greater than its height from
any existing residential structure located on adjacent parcels of property,
including any attached accessory structures;
f. A tower must be at least three-quarters of its height from any property line on
the parcel of property on which it is located, unless a licensed engineer certifies
that the tower will not collapse or that it is designed in such a way that in the
event of collapse it falls within itself, and in that event, it must be located at least
one-third of its height from any property line;
g. No signs shall be used in conjunction with the tower, except for one sign not
larger than 144 square inches in area and as required by federal regulations;
h. Towers shall not be leased or rented to commercial users, and shall not
otherwise be used for commercial purposes; and
i. All towers must meet all applicable state and federal statutes, rules and
regulations.
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7. Emergency communications equipment during a declared public emergency
when the equipment is owned and operated by an appropriate public entity.
8. Any wireless Internet facility that is owned and operated by a government entity.
9. Antennas and related equipment no more than three feet in height that are being
stored, shipped or displayed for sale.
10. A temporary, commercial WCF, for the purposes of providing coverage of a
special event such as news coverage or sporting event. All such facilities must
comply with all federal and state requirements. Such facilities shall be removed
within seven days after the end of the event.
C. Summary of Required Permits.
1. All WCF permits require site plan review and approval pursuant to Chapter 17.80
EWMC.
2. A building permit only is required for the following WCF (Type IB or IIA):
a. Industrial, scientific and medical equipment using frequencies regulated by
the Federal Communications Commission.
b. Wireless communication facilities which co-locatecollocate on an existing
broadcast and relay tower, where adequate provisions for antennas and ground-
mounted equipment exist.
c. Temporary WCF for a term not to exceed 90 days, with a possible 90-day
extension, with approval from the building official. The use of temporary wireless
communication facilities such as a cell on wheels (COW) or an antenna on a
bucket truck, crane, or other device capable of reaching the height necessary to
evaluate the site for placement of a wireless communication facility. Such
temporary facility may only be utilized on a short-term basis for the purpose of
evaluating the technical feasibility of a particular location for placement of a
wireless communication facility or for providing communications during an
emergency.
3. Building permit and WCF permit (Type IB or IIA) is required for all WCF not listed
in subsection (C)(2) of this section. (Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002)
17.70.050 Application materials.
In addition to the requirements of EWMC Title 19, the submittal of a completed building
permit application form and/or a wireless communications permit application, the
applicant shall supply the following information at the time of application for a WCF;
except, that applicants for temporary WCF permits need only submit a building permit
application and subsections A through D of this section and large satellite dish antenna
applicants shall submit a building permit application and subsections A through D and G
of this section.
A. If the applicant is not the owner of the property, the property owner shall sign an
Ownership Certificate demonstrating that they are granting approval to the applicant to
obtain the necessary permit(s). a copy of the preliminary lease agreement is required to
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be provided with the application. A copy of the final agreement shall be submitted prior
to issuance of a building permit for the structure.
B. Proof of adequate financial insurance and a legal instrument crafted to indemnify and
hold harmless the city of East Wenatchee in the event of tower failure or otheranother
catastrophic event associated with WCF shall be required.
C. A vicinity map showing the location of the proposal and the properties within one-half
mile of the subject property (said map shall be no larger than 11 by 17 inches).
D. A full site plan shall be required for all wireless communications facilities, showing
the location, the specific placement of all structures including the tower/antenna on the
site, the type and height of the proposed tower/antenna, on-site land uses and zoning,
adjacent land uses and zoning, adjacent roadways, proposed means of access,
setbacks from property lines, elevation drawings of the proposed facility, the location of
existing structures, trees, and other significant site features, the type and location of
plant materials used to screen the facility, fencing, proposed color(s), and any other
proposed structures. Site plans may be submitted on paper larger than 11 by 17 inches,
provided an 11-by-17-inch set must accompany the larger plans.
E. A color visual analysis that includes a to-scale photo simulation of the proposed
facility that shows unobstructed before-and-after construction daytime and clear-
weather views from at least four angles, together with a map that shows the location of
each view. Color photo simulations showing the proposed site with a photo-realistic
representation of the proposed wireless communications facilities including any
proposed tower or antenna as it would appear viewed from the closest property and
from adjacent roadways.
F. No new tower shall be permitted unless the applicant demonstrates to the reasonable
satisfaction of the governing authority that no existing tower or structure can
accommodate the applicant’s proposed antenna. Evidence submitted to demonstrate
that no existing tower or structure can accommodate the applicant’s proposed antenna
may consist of any of the following:
1. No existing towers or structures are located within the geographic area required
to meet applicant’s engineering requirements.
2. Existing towers or structures are not of sufficient height to meet applicant’s
engineering requirements.
3. Existing towers or structures do not have sufficient structural strength to support
applicant’s proposed antenna and related equipment.
4. The applicant’s proposed antenna would cause electromagnetic interference with
the antenna on the existing towers or structures, or the antenna on the existing
towers or structures would cause interference with the applicant’s proposed
antenna.
5. The fees, costs, or contractual provisions required by the owner in order to share
an existing tower or structure or to adapt an existing tower or structure for sharing
are unreasonable. Costs exceeding new tower development are presumed to be
unreasonable.
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6. The applicant demonstrates that there are other limiting factors that render
existing towers and structures unsuitable.
G. Written technical evidence and statement from an engineer(s) that the:
1. Tower is capable of supporting additional wireless communications facilities
comparable in weight, size, and surface area to the communications facilities
installed by the applicant on the proposed tower; and
2. Construction and placement of the proposed tower and wireless communications
facilities will not interfere with licensed public safety communications and the usual
and customary transmission or reception of radio, television, or other
communications services enjoyed by adjacent residential and nonresidential
properties.
H. A written statement by the applicant stating that the tower:
1. And wireless communications facilities will comply with all FAA regulations and
EIA standards and all other applicable federal, state and local laws and regulations;
and
2. Will accommodate co-locationcollocation of additional antennas for future users. If
accommodation of future co-locationcollocation is not proposed, information must be
submitted with the application detailing why future co-locationcollocation is not
possible.
I. At the time of site selection, the applicant shall demonstrate how the proposed site fits
into its overall communications network within the city. This shall include a service area
coverage chart for the proposed tower and communications facilities that depicts the
extent of coverage and corresponding signal quality at the proposed tower height.
J. Copies of any environmental documents required by any federal agency, if available.
These shall include the environmental assessment required by FCC Para. 1.1307, or, in
the event that an FCC environmental assessment is not required, a statement that
describes the specific factors that obviate the requirement for an environmental
assessment.
K. A completed SEPA checklist shall be submitted with all applications not categorically
exempt under RCW 43.21C.384, as amended. (Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-
22 § 18, 2002)
17.70.060 General development standards for all WCF, broadcast and relay
towers, Small Cell and DAS, and satellite dishes.
The development standards in this section address setback and other site-specific
location factors. For purposes of determining whether installation of a WCF complies
with the development standards in this chapter, the dimensions of the entire lot shall
control, unless the WCF is proposed to be located on a separately described leased
parcel within such lot.
A. Principal or Accessory Use. WCF may be considered either principal or accessory
uses. A different existing use or an existing structure on the same lot shall not preclude
the installation of a WCF on such lot.
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B. Building Code. To ensure the structural integrity of WCF, wireless communications
facilities shall be designed and certified by an engineer to be structurally sound and, at
a minimum, be constructed in conformance with the building code and any other
standards set forth in this section.
C. Legal Access. All WCF proposed to locate and operate within the city must possess
and provide proof of legal access onto a publicly owned street as a condition of
approval.
D. Landscaping. All landscaping on a parcel of land containing a wireless
communications facility shall be in accordance with the applicable landscaping
requirements for the zoning district where the wireless communications facility is located
and Chapter 17.72 EWMC. Existing vegetation on the site of a wireless communications
facility shall be preserved to the extent possible or supplemented to provide vegetative
screening. The Administrator may grant a waiver from the required landscaping based
on findings that a different requirement would better serve the public interest.
E. Stealth Design. Applicants are encouraged to use “stealth” techniques in the design
of wireless communications facilities. “Stealth” techniques relate to siting strategies and
technological innovations designed to enhance compatibility with adjacent land uses by
designing structures to resemble other features in the surrounding environment.
“Stealth” techniques include architecturally screened roof-mounted antennas, antennas
integrated into architectural elements, and towers designed to resemble light poles,
power poles, flag poles, street standards, steeples, or trees, etc.
1.Stealth and concealment techniques must be appropriate given the proposed
location, design, visual environment, and nearby uses, structures, and natural
features.
2.Stealth design shall be designed and constructed to substantially conform to
surrounding building designs or natural settings, so as to be visually unobtrusive.
3.Stealth design that relies on screening wireless communications facilities in order
to reduce visual impact must screen all substantial portions of the facility from
view.
4.Stealth and concealment techniques do not include incorporating faux-tree
designs of a tree species that is not native to the Pacific Northwest or North
Central Washington.
F. Minimum Setbacks. Setback requirements for facilities subject to this chapter shall be
measured from the base of the structure or tower to all property lines of the parcel of
land on which it is located.
1. Except as provided elsewhere in this chapter, facilities subject to this chapter
shall not be located within any required front, side, or rear yard setback areas or
within any easements not established for the placement of said WCF.
2. Additional setbacks for various facilities are specified in the development
standards for each type of facility.
3. Attached WCF are exempt from the setback standards of this chapter. An
attached WCF may extend up to five feet horizontally beyond the edge of the
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attachment structure so long as the attached WCF and all antennas maintains a
five-foot setback from the nearest property line of the adjoining parcel.
4. Support structures and equipment facilities shall, at a minimum, comply with the
setback requirements for the underlying zone within which it is located; provided,
that all such structures shall maintain a 25-foot setback from any property line
adjacent to residentially zoned property and a minimum setback of 55 feet as
measured from the centerline of a public street.
5. A clear-view triangle shall be maintained at all intersecting public or private
streets, driveways, and/or curb cuts for vision safety purposes based upon AASHTO
Guidelines from “A Policy on Geometric Design of Highways and Streets,” 1990
Edition, as now exists or may be hereafter amended, which is hereby adopted by
this reference.
G. Minimum Lot Size. There shall be no minimum lot size requirement for WCF;
provided, the lot proposed for the facility contains sufficient size and shape to
accommodate the required setback provisions of this chapter.
H. Fencing. Any fencing required for security shall meet the general fencing
requirements of the city. No barbed wire fences, electrical fences, razor wire or
concertina wire are permitted in any zone.
I. Illumination. Facilities subject to this chapter shall not be artificially lighted, except for:
1. Security and safety lighting of equipment, buildings and support structure if such
lighting is appropriately down-shielded to keep light within the boundaries of the site;
and
2. Any lighting of the WCF that may be required by the Federal Aviation
Administration or other applicable authority shall be installed in such a manner to
minimize impacts on adjacent residences. In instances when a strobe type light is
required by the FAA, said strobe light shall be white with no more than a three-
second maximum allowable “off” phase.
J. No facility subject to this chapter shall be used in such a manner to support or display
any outdoor signage or banners for any commercial or advertisement purposes.
K. WCFs in the public rights-of-way.
1. Preferred locations. Facilities shall be located as far from residential uses as
feasible, and on streets classified as collector or arterial to the extent feasible.
Facilities in the rights-of-way shall maintain at least a 200 foot separation from other
wireless facilities, except when collocated or on opposite sides of the same street.
DAS or Small Cell facilities are exempt from this separation requirement.
2. Pole-mounted or tower-mounted equipment. All pole-mounted and tower-mounted
transmission equipment shall be mounted as close as possible to the pole or tower
to reduce the overall visual profile to the maximum extent feasible. All pole-mounted
and tower-mounted transmission equipment shall be painted with flat, non-reflective
colors that blend with the visual environment.
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3. Prior to submitting for a building permit, all applicants for WCFs proposed to be
located within the right-of-way must have a valid municipal master permit, municipal
franchise, or exemption otherwise granted by applicable law, to the extent consistent
with RCW 35.21.860
L. Towers shall maintain a minimum spacing of one-half mile, unless it can be
demonstrated that physical limitations (such as topography, terrain, tree cover or
location of buildings) in the immediate service area prohibit adequate service by the
existing facilities or that collocation is not feasible.
M. Aviation Review Standards. Proposed telecommunication devices, structures or
objects shall be reviewed to ensure they do not penetrate any of the airspace surfaces
on or near a public or private general aviation facility. Any telecommunication device,
structure or object that is determined to penetrate or otherwise obstruct airspace
surfaces shall be denied by the review authority. Special attention shall be given to the
following:
1. Approach Surface. Land lying beneath the approach surface which extends
outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from
the runway end.
2. Transitional Surface. The transitional surface begins at the runway end and on
either side of the runway surface and slopes upward and outward at a seven to one
slope meeting the horizontal surface at 150 feet above the elevation of the airport.
3. Horizontal Surface. The horizontal surface begins by swinging arcs of 5,000 feet
from the center end of the runway surface creating an elongated oval above the
runway. The height of the horizontal surface is 150 feet above the elevation of the
airport.
4. Conical Surface. The conical surface begins at the edge of the horizontal surface
and extends upward and outward for a distance of 4,000 feet at a slope of 20 to one
with an initial elevation of 150 feet above the airport elevation.
5. Pangborn Airport. The delineation of the airspace surfaces described above are
generally depicted on the Pangborn Airport overlay parcels exhibit map (Figure
17.70.060(M)) and Douglas County Code Chapter 18.65, as the same now exists or
may hereafter be amended, that is adopted herein by reference as if fully set forth.
LN. Federal Requirements. All wireless communications facilities shall meet or exceed
the standards and regulations of the Federal Aviation Administration (FAA), the Federal
Communications Commission (FCC) and any other agency of the federal government
with the authority to regulate towers and antennas. If such standards and regulations
are changed, the owner of any telecommunication facility governed by this chapter shall
bring such facility into compliance with such revised standards and regulations with six
months of the effective date of standards and regulations, unless a more stringent
compliance schedule is mandated by the controlling federal agency. Failure to bring
towers and antennas into compliance with such revised standards and regulations shall
constitute grounds for the removal of the facility at the owner’s expense.
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Pangborn Airport Overlay Parcels Exhibit Map.
(Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002)
17.70.070 Large satellite dish antenna(s) – Development standards.
A. Standards for All Zoning Districts. The following standards shall be applied to all
proposed large satellite dish antenna(s):
1. Mountings and satellite dishes should be no taller than the minimum required for
the purposes of obtaining an obstruction-free reception window.
2. To the extent technically feasible, specific paint colors may be required to allow
the large satellite dish and mounting structures to blend better with their setting.
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3. Screening of all large satellite dish antenna(s) shall be provided with one or a
combination of the following methods: fencing, walls, landscaping, structures, or
topography which will block the view of the antenna(s) as much as practicable from
any street and from the yards and main floor living areas of residential properties
within approximately 500 feet. Screening may be located anywhere between the
antenna(s) and the above mentionedabove-mentioned viewpoints. Landscaping for
the purposes of screening shall be maintained in healthy condition.
4. Construction plans and final construction of the mounting bases of all large
satellite dish antenna(s) shall be approved by the city building department.
5. Aluminum mesh dishes should be used whenever possible instead of a solid
fiberglass type.
B. Additional Standards in Residential Zones – Large Satellite Dish Antenna(s).
1. Only one large dish satellite antenna shall be allowed on each property.
2. Large satellite dish antenna(s) shall not be mounted on roofs.
3. Large satellite dish antenna(s) shall not exceed 12 feet in diameter and 15 feet in
height, including their bases.
4. A solid visual screen (90 percent solid or more) using a combination fencing,
walls, or landscaping shall be provided as high as the center of the dish when
viewed from off the site. Above the center of the dish, the screening should be 50
percent solid or more to the top of the antenna(s) when viewed from off the site.
Evergreen plants shall be used to accomplish year-round screening, and shall be
large enough at installation to meet appropriate screening standards.
C. Additional Standards in Nonresidential Zones – Large Satellite Dish Antenna(s).
Antenna(s) may be either roof-mounted or ground-mounted.
1. Ground-Mounted.
a. Ground-mounted antenna(s) shall not exceed the height requirements of the
district within which they are located.
b. From the time of installation, ground-mounted antenna(s) shall be solidly
screened (90 percent or more) using a combination fencing, walls, or
landscaping as high as the center of the dish when viewed from off the site.
Solid screening shall be provided as high as the dish if the proposed location
abuts an adjoining residential zone.
2. Roof-Mounted.
a. Shall not exceed the height requirements of the district within which they are
located. Height shall be measured from the average grade of the structure to the
highest point of the antenna.
b. Should be placed as close to the center of the roof as possible. If the dish is
still visible from any point within approximately 500 feet as viewed from ground
level, additional screening shall be required to supplement the screening
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provided by the roof itself. If the dish is not visible from 500 feet or less, no
additional screening will be necessary.
c. Shall be solidly screened at least as high as the center of the dish. The
screening shall be of a material and design compatible with the building, and
can include penthouse screening, parapet walls, or other similar screening.
d. Shall be architecturally compatible with the building and wall on which it is
mounted, and shall be designed and located so as to minimize any adverse
aesthetic impact. (Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002)
17.70.080 Broadcast and relay towers – Development standards.
A. Development Standards for All Zoning Districts.
1. The applicant shall demonstrate that the proposed location was selected pursuant
to the siting criteria of EWMC 17.70.100. Placement of a broadcast and relay tower
shall be denied if an alternative placement of the antenna(s) on a building or other
existing structure can accommodate the communications needs. Applications shall
be required to provide documentation that reasonable efforts to identify alternative
locations were made.
2. Owners and operators of a proposed broadcast and relay tower shall provide
information regarding the opportunity for the collocation of other antenna(s) and
related equipment. If feasible, provision for future collocation may be required.
3. Broadcast and relay towers shall be set back from each lot line at least 100
percent of the height of the proposed tower. This setback may be reduced to 50
percent of the height of the proposed tower if said tower is located more than 100
feet from a public street and the applicant submits an engineering report certifying
that the tower is designed to collapse upon failure and would fall within the distance
between the proposed tower and the property line of the property upon which it is
located. Said report shall be prepared by a professional engineer registered in the
state of Washington.
4. Extensions, antennas, and arms attached to broadcast and relay towers and/or
antennas shall not exceed eight feet in length horizontally as measured from the
center diameter of the tower.
5. The base of a ground-mounted broadcast and relay tower shall be screened with
fencing, walls, landscaping, or other means such that the view of the antenna(s)
base is blocked as much as practicable from any street and from the yards and
main living floor areas of surrounding residentially zoned properties. The screening
may be located anywhere between the antenna(s) and the above-mentioned
viewpoints. Landscaping that qualifies for the purpose of screening shall be
maintained in a healthy condition. The perimeter of a broadcast and relay tower and
any guyed wires/anchors shall be enclosed by a fence or wall at least six feet in
height.
6. To the extent technically feasible and in compliance with safety regulations, the
broadcast and relay tower and any supporting structure and equipment facility
should be designed using materials, colors, textures that will blend the facility to the
natural and built environment.
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7. A Washington-licensed professional engineer shall certify in writing, over his or
her seal, that both construction plans and final construction of the broadcast and
relay radio towers are designed to reasonably withstand wind and seismic loads as
established by the Uniform Building Code.
B. Additional Standards in Commercial Zones – Broadcast and Relay Towers.
1. Broadcast and relay towers are permitted only in the G-C, CBD and C-L
commercial districts.
2. The combined broadcast and relay tower and antenna(s) shall not extend more
than a maximum of 70 feet in height. A height bonus of 15 feet may be allowed by
the approval authority when collocation is specifically provided for on the broadcast
and relay tower.
C. Additional Standards in Residential Zones –Broadcast and Relay Towers.
1. Broadcast and relay towers shall not be allowed in the Residential Low Density
(R-L) or Residential Medium Density (R-M) zones. Such facilities may be located in
the Residential High Density/Office Zoning District (R-H) after obtaining a
conditional use permit.
2. The combined broadcast and relay tower and antenna(s) shall not extend more
than a maximum of 70 feet.
3. Stealth design is required.
D. Additional Standards in Industrial Zones – Broadcast and Relay Towers. The
combined height of a broadcast and relay tower and antenna(s) located in industrial
zone shall not exceed 80 feet; except when collocation is specifically provided for, then
the broadcast and relay tower shall not exceed 90 feet. (Ord. 10-03 § 3 (Exh. A), 2010; Ord.
02-22 § 18, 2002. Formerly 17.70.090)
E. Guyed wire or lattice towers are not permitted.
17.70.085 Collocation of Antennas, Distributed Antenna Systems and Small Cells.
A. To the extent not otherwise covered by Chapter 17.70.150 (Eligible Facilities
Requests), collocation and new wireless communication antenna arrays are
permitted in all zones via administrative approval provided that they are attached to
or inside of an existing structure (except on the exterior of pole signs or anywhere on
a billboard) that provides the required clearances for the array’s operation without
the necessity of constructing a tower or other apparatus to extend the antenna array
more than 15 feet above the structure.
B. Installation requires the granting of development permits prescribed by title 15
EWMC.
C. For antenna arrays and WCF on City-owned property, the execution of necessary
right of way use agreements is also required.
D. If any support structure must be replaced or extended to achieve the needed
elevation or if the attachment adds more than 15 feet above the existing structure, or
the minimum necessary to achieve required electrical clearances, the proposal is
subject to Type II review. The limitation to 15 feet applies to cumulative increases
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and any previously approved additions to height made under this section must be
included in its measurement.
E. WCF attached to residential structures are not permitted in any zoning district.
F. Any equipment shelter or cabinet and other ancillary equipment are subject to the
general development standards of EWMC 17.70.0790.
17.70.087 Distributed Antenna Systems (DAS) and Small Cells.
A. The City encourages, but it does not require, the use of DAS and small cells.
B. DAS and Small Cells are allowed in all zoning districts.
C. DAS and small cells are subject to approval via administrative review only unless
their installation requires the construction of a new utility support structure or
building. Type II review is required when the applicant proposes a new utility support
structure or building.
D. Where feasible, cable and/or conduit shall be routed through the inside of any utility
pole, or other support structure. Where this is not feasible, or where such routing
would result in a structure of a substantially different design or substantially greater
diameter than that of other similar structures in the vicinity or would otherwise
appear out of context with its surroundings, the City may allow or require that the
cable or conduit be placed on the outside of the structure. The outside cable or
conduit shall be the color of the utility pole, or other support structure, and the City
may require that the cable be placed in conduit.
E. Multiple Site DAS and Small Cells.
1. A single permit may be used for multiple distributed antennas that are part of a
larger overall DAS network.
2. A single permit may be used for multiple small cells spaced to provide wireless
coverage in a contiguous area.
F. Only one facility shall be permitted on any street pole.
G. The antenna and related components must be the same color as the existing
building, pole or support structure on which it is proposed to be located.
H. The shelter or cabinet used to house radio electronic equipment and the associated
connecting cabling shall be contained wholly within the pole, a building or structure,
or otherwise appropriately concealed, camouflaged or located underground.
I. If a replacement pole is necessary for placement of a DAS or small cell, the
replacement pole shall be located as near as possible to the existing pole with the
requirement to remove the abandoned pole.
J. The preferred location for a pole-mounted small cell facility is the location with the
least visible impact.
K. DAS or small cells are not permitted on traffic signal poles.
L. Any electrical service upgrades necessary to support small cells or DAS deployment
shall be at the expense of the applicant.
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M. DAS or Small cell facilities attached to existing or replacement non-wooden light
poles and other non-wooden poles in the right-of-way or poles outside of the right-of-
way shall conform to the following design criteria:
1. Antennas and the associated equipment enclosures shall be sited and installed
in a manner which minimizes the visual impact on the streetscape by fully
concealing the antennas and associated equipment. This requirement shall be
applied in a manner that neither dictates the technology employed by the service
provider nor unreasonably impairs the technological performance of the
equipment chosen by the service provider.
2. All conduit, cables, wires, and fiber must be routed internally in the light pole.
Electrical wiring shall be separated from communication wiring via interduct or
other means that comply with state and federal electrical codes. Full
concealment of all conduit, cables, wires, and fiber is required within mounting
brackets, shrouds, canisters, or sleeves if attaching to exterior antennas or
equipment. When electrical service is to be supplied by the city, as the pole
owner, the city may require an electrical meter-grade control module to track the
additional small cell electrical use.
3. An antenna on top of an existing pole may not extend more than 6 feet above the
height of the existing pole and the diameter may not exceed 16 inches,
measured at the top of the pole, unless the applicant can demonstrate that more
space is needed. Except for canister antennas, the antennas shall be integrated
into the pole design so that it appears as a continuation of the original pole,
including being colored or painted to match the pole, and shall be shrouded or
screened to blend with the pole. All cabling and mounting hardware/brackets
from the bottom of the antenna to the top of the pole shall be fully concealed and
integrated with the pole.
4. If the use of the pole requires a replacement pole, the replacement pole shall
substantially conform to the design of the pole it is replacing or the neighboring
pole design standards utilized within the contiguous right-of-way. A mock-up of a
prototype for the replacement pole shall be submitted for review and approval by
the City prior to final pole construction and deployment. The Administrator may
waive this requirement when the applicant establishes that an identical small cell
facility has been successfully installed in another local jurisdiction on a non-
wooden pole identical to that approved for use by the city.
5. The height of any replacement pole may not extend more than 10 feet above the
height of the existing pole.
6. The use of the pole for the siting of a small cell facility shall be considered
secondary to the primary function of the pole. If the primary function of a pole
serving as the host site for a small cell facility becomes unnecessary, the pole
shall not be retained for the sole purpose of accommodating the small cell facility,
and the small cell facility and all associated equipment shall be removed.
7. Deviations from this subsection are permitted when required to address the pole
owner’s requirements for adequate safety clearance and other design standards,
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so long as the deviation is the minimum necessary to comply with the pole
owner’s safety and design standards.
N. DAS or Small cell facilities attached to wooden poles shall conform to the following
design criteria:
1. The wooden pole at the proposed location may be replaced with a taller pole for
the purpose of accommodating a small cell facility; provided, however, that the
replacement pole shall be no more than 10 feet taller than the existing pole,
unless a height increase is required to provide sufficient separation and/or
clearance from electrical and wireline facilities.
2. Replacement wooden poles may either match the approximate color and
materials of the replaced pole or shall be the standard new wooden pole used by
the pole owner.
3. A pole extender may be used instead of replacing an existing pole and shall not
increase the height of the existing pole by more than 10 feet, unless a further
height increase is required to provide sufficient separation and/or clearance from
electrical and wireline facilities. A “pole extender” as used herein is an object
affixed between the pole and the antenna for the purpose of increasing the height
of the antenna above the pole. The pole extender shall be painted to match the
color of the pole and shall substantially match the diameter of the pole measured
at the top of the pole.
4. Antennas, equipment enclosures, and all ancillary equipment, boxes, and conduit
shall be colored or painted to match the approximate color of the surface of the
wooden pole on which they are attached.
5. Panel antennas shall not be mounted more than 12 inches from the vertical
surface of the wooden pole.
6. Antennas should be placed in a manner that minimizes visual clutter and
obtrusiveness. Multiple antennas are permitted on a wooden pole provided that
each antenna enclosure shall not be more than 3 cubic feet in volume, with a
cumulative total antenna volume not to exceed 12 cubic feet.
7. A canister antenna may be mounted on top of a wooden pole, which may no
more than 10 feet taller than the existing pole. A canister antenna mounted on
the top of a wooden pole shall not exceed 16 inches in diameter, measured at
the top of the pole, and shall be colored or painted to match the pole. The
intention is that the canister antenna appear to be an extension of the pole. As an
alternative, the applicant may propose a side mounted canister antenna, so long
as the inside edge of the antenna is no more than 12 inches from the surface of
the wooden pole. All cables shall be concealed either within the canister antenna
or within a sleeve between the antenna and the wooden pole.
8. An omnidirectional antenna may be mounted on the top of an existing wooden
pole, provided such antenna is no more than 4 feet in height and is mounted
directly on the top of the pole or attached to a sleeve made to look like the
exterior of the pole that is as close to the top of the pole as technically feasible.
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All cables shall be concealed within the sleeve between the bottom of the
antenna and the mounting bracket.
9.All related equipment, including but not limited to ancillary equipment, radios,
cables, associated shrouding, microwaves, and conduit, that are mounted on
wooden poles shall not be mounted more than six inches from the surface of the
pole, unless a further distance is technically required, and is confirmed in writing
by the pole owner.
10. Equipment for small cell facilities must be attached to the wooden pole or located
in an underground vault. The equipment must be placed in the smallest
enclosure possible for the intended purpose. The equipment enclosure may not
exceed 17 cubic feet.
11. An applicant who desires to enclose its antennas and equipment within a unified
enclosure may do so, provided that such unified enclosure does not exceed 4
cubic feet. To the extent possible, the unified enclosure shall be placed to appear
as an integrated part of the pole. The unified enclosure may not be placed more
than 6 inches from the surface of the pole, unless a further distance is technically
required and confirmed in writing by the pole owner.
12. The visual effect of the small cell facility on all other aspects of the appearance of
the wooden pole shall be minimized to the greatest extent possible.
13. The use of the wooden pole for the siting of a small cell facility shall be
considered secondary to the primary function of the pole. If the primary function
of a pole serving as the host site for a small cell facility becomes unnecessary,
the pole shall not be retained for the sole purpose of accommodating the small
cell facility and the small cell facility and all associated equipment shall be
removed.
14. All cables and wires shall be routed through conduit along the outside of the pole.
The outside conduit shall be colored or painted to match the pole. The number of
conduits shall be minimized to the number technically necessary to
accommodate the small cell.
15. If electrical service is to be supplied by the pole owner, the owner may require an
electrical meter-grade control module to track the additional small cell electrical
use.
O. DAS or Small cell facilities attached to existing buildings shall conform to the
following design criteria:
1.Small cell facilities may be mounted to the sides of a building if the antennas do
not interrupt the building’s architectural theme.
2.The interruption of architectural lines or horizontal or vertical reveals is
discouraged.
3.New architectural features such as columns, pilasters, corbels, or other
ornamentation that conceal antennas may be used if it complements the
architecture of the existing building.
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4.Small cells shall utilize the smallest mounting brackets necessary to provide the
smallest offset from the building.
5.Skirts or shrouds shall be utilized on the sides and bottoms of antennas to
conceal mounting hardware, and to minimize the visual impact of the antennas.
Exposed cabling/wiring is prohibited.
6.Small cell facilities shall be painted and textured to match the adjacent building
surfaces.
17.70.090 Wireless communications facilities – Development standards.
A. Development Standards for All Zoning Districts. The following standards shall be
applied to all wireless equipment, such as antenna(s) and equipment shelters, exclusive
of the broadcast and relay tower. Wireless monopoles, lattice and guy towers, and
existing pole structures extended in height, are regulated by the subsections that govern
broadcast and relay towers, EWMC 17.70.080.
1. Placement of a freestanding wireless communication facility shall be denied if
placement of the antenna(s) on an existing structure can accommodate the
operator’s communications needs. The collocation of a proposed antenna(s) on an
existing broadcast and relay tower or placement on an existing structure shall be
explored and documented by the operator in order to show that reasonable efforts
were made to identify alternate locations.
2. Maximum Height for Attached WCF. Attached WCF shall not add more than 20
feet to the height of the existing building or structure to which it is attached. Attached
WCF are permitted in all zoning districts subject to specific limitations enumerated
elsewhere in this chapter.
3. Location of wireless communication antenna(s) on existing buildings or other
structures shall be screened or camouflaged to the greatest practicable extent by
use of shelters, compatible materials, location, color, and/or other stealth techniques
to reduce visibility of the antenna(s) as viewed from any street or residential
property.
4. Attached WCF may be mounted on all currently existing nonresidential buildings
in nonresidential zones except as follows:
a. Any building which is an accessory structure to a residence.
b. Buildings which, due to their small size, would be dominated by the facility.
5. The antenna(s) shall not dominate the structure upon which it is attached and
shall be visually concealed utilizing color and compatible material to camouflage the
facility to the greatest extent feasible.
6. Building-mounted WCF must meet the following conditions and criteria:
a. A building-mounted WCF may consist of the following:
i. Nonreflective panel antenna(s);
ii. Whip antenna(s);
iii. Nonreflective parabolic dish;
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b. The number of antennas shall be reasonable to accommodate the technology
and maintenance compatible with the constraints of the building and prevailing
land use.
7. The placement of antennas on existing structures (not including buildings), such
as power poles, light poles for streets and parking lots, light standards for
recreational fields and antenna support structures, is the preferred option subject to
the approval of the owner of the existing structure. If an existing structure cannot
accommodate an antenna due to structural deficiency, or does not have the height
required to provide adequate signal coverage, the structure may be replaced with a
new structure, provided:
a. The new structure will serve the original purpose.
b. The completed structure does not exceed the original height by more than 20
feet.
c. The completed structure meets all the requirements of this chapter.
d. In all cases where a utility pole or light standard is replaced for the purpose of
accommodating a WCF installation, the cables and other wiring necessary for
the WCF shall be routed inside the new pole. If routing inside the pole is not
allowed by the utility and that determination is confirmed in writing by the utility,
then all cable, wiring and conduit routed outside the pole shall be painted to
match the pole.
8. Associated above-ground equipment shelters shall be minimized and shall not
exceed 360 square feet unless operators can demonstrate that more space is
needed to accommodate collocation by other providers. Shelters shall be painted a
color that matches existing structures or the surrounding landscape. A solid visual
screen (90 percent solid or more) shall be created around the perimeter of the
shelter. Operators shall consider undergrounding equipment if technically feasible or
placing the equipment within existing structures.
9. Screening of wireless equipment shall be provided with one or a combination of
the following materials: fencing, walls, landscaping, structures, or topography which
will block the view of the antenna(s) and equipment shelter as much as practicable
from any street and from the yards and main floor living areas of residential
properties within approximately 500 feet. Screening may be located anywhere
between the base and the above-mentioned viewpoints. Landscaping for the
purposes of screening shall be maintained in a healthy condition.
10. Construction plans and final construction of the mountings of wireless
antenna(s) and equipment shelters shall be approved by the city building
department. Applications shall document that the proposed WCF and mounting
bases are designed to reasonably withstand wind and seismic loads.
B. Additional Standards in Residential Zones – Wireless Communications Facilities.
1. Attached WCF shall be screened or camouflaged to the greatest practicable
extent by use of compatible materials, location, color, and/or other stealth
techniques to reduce visibility of the antenna(s) as viewed from any street or
residential property.
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2. Attached WCF may be mounted on all currently existing nonresidential buildings
in residential zones except as follows:
a. Any building which is an accessory structure to a residence.
b. Buildings which, due to their small size, would be dominated by the facility.
3. The antenna(s) shall not dominate the structure upon which it is attached and
shall be visually concealed utilizing color and compatible material to camouflage the
facility to the greatest extent feasible.
4. Building-mounted WCF must meet the following conditions and criteria:
a. A building-mounted WCF may consist of the following:
i. Nonreflective panel antenna(s);
ii. Whip antenna(s);
iii. Nonreflective parabolic dish;
b. The number of antennas shall be reasonable to accommodate the technology
and maintenance compatible with the constraints of the building and prevailing
land use.
5. Within public parks and public open spaces including playgrounds, ballfields, etc.,
the placement of antennas on existing structures, such as power poles, light poles
for streets and parking lots, light standards for recreational fields and antenna
support structures, is the preferred option subject to the approval of the property
owner. If an existing structure cannot accommodate an antenna due to structural
deficiency, or does not have the height required to provide adequate signal
coverage, the structure may be replaced with a new structure, provided:
a. The new structure will serve the original purpose.
b. The completed structure does not exceed the original height by more than 20
feet.
c. The completed structure meets all the requirements of this chapter.
d. In all cases where a utility pole or light standard is replaced for the purpose of
accommodating a WCF installation, the cables and other wiring necessary for
the WCF shall be routed inside the new pole. If routing inside the pole is not
allowed by the utility and that determination is confirmed in writing by the utility,
then all cable, wiring and conduit routed outside the pole shall be painted to
match the pole.
6. Associated above-ground equipment shelters shall be minimized and shall not
exceed 240 square feet unless operators can demonstrate that more space is
needed for collocation of other providers. Shelters shall be painted a color that
matches existing structures or the surrounding landscape. A solid visual screen (90
percent solid or more) shall be created around the perimeter of the shelter.
Operators shall consider undergrounding equipment if technically feasible or placing
the equipment within existing structures.
C. Additional Development Standards in Nonresidential Zones – Wireless
Communications Facilities. Associated above-ground equipment shelters shall not
exceed 240 square feet (e.g., 12 by 20 feet) unless operators can demonstrate that
more space is needed. A solid visual screen (90 percent solid or more) shall be created
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around the perimeter of the shelter. Operators shall consider undergrounding equipment
if technically feasible or placing the equipment within an existing structure. Above-
ground equipment shelters for antenna(s) located on buildings shall be located within,
on the sides or behind the buildings and screened to the fullest extent possible.
Screening of exterior shelters shall provide colors and materials which blend with
surrounding structures. (Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002. Formerly 17.70.100)
17.70.100 General siting criteria.
A. Siting criteria for wireless communication facilities are necessary to encourage the
siting of those facilities in locations most appropriate based on land use compatibility,
neighborhood characteristics, and aesthetic considerations and the demand for wireless
communication facilities by the citizens of East Wenatchee. No general siting criteria are
necessary for satellite dishes because these facilities are allowed within all zoning
districts.
B. Generally, collocation on existing broadcast and relay towers is encouraged by fewer
standards and less complex permit procedures. Further, attachment of antenna(s) to
existing nonresidential structures and buildings primarily within industrial and
commercial zoning districts is preferable to broadcast and relay towers or monopoles.
C. New broadcast and relay towers shall be minimized by co-locatingcollating wireless
facilities on existing towers. New broadcast and relay towers are most appropriately
located in the industrial zoning district followed in order of preference by G-C, CBD and
C-L zoning districts. Due to the close proximity of the shoreline and critical areas, these
types of facilities are not permitted in the WMU or MU commercial district.
D. Wireless Communication Facilities. The following sites shall be considered by
applicants as the preferred order for location of proposed wireless facilities including
antenna(s), equipment, and equipment shelters. As determined feasible, and in order of
preference, the sites are:
1. Existing broadcast and relay towers: on any existing site or tower where a legal
wireless telecommunication facility is currently located regardless of underlying
zoning.
2. Warehouse and industrial zoning: structures or sites used exclusively for
industrial and manufacturing uses within the industrial district. These are areas of
more intensive land uses where a full range of public facilities are expected.
3. Publicly used structures: attached to existing public facilities such as water
towers, utility structures, fire stations, bridges, and other public buildings within all
zoning districts not utilized primarily for recreational uses.
4. Commercial and public facilities sites: structures or sites used for retail,
commercial, and office uses. These are areas of more intensive land uses where a
full range of public facilities are expected. These zones in order of priority are G-C,
CBD and C-L.
5. Residential zones: structures which are not used for residential purposes such as
institutional structures and other nonresidential sites and structures may be
considered for the installation of attached WCF where the installation complies with
all FCC regulations and standards.
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Exhibit A – Ord Amending Chapter 17.70 WCF (1-11-2021)
Page 29
6. Residential structures: wireless communication facilities attached to residential
structures are not permitted in any residential zoning district. (Ord. 10-03 § 3 (Exh. A),
2010; Ord. 02-22 § 18, 2002. Formerly 17.70.110)
17.70.110 Discontinuation of Use or Abandonment.
If any wireless telecommunication facility shall cease to be used for a period of 365
consecutive days, the department of community development shall notify the owner,
with a copy to the applicant, that the site will be subject to a determination that such site
has been abandoned. The owner shall have 30 days from receipt of said notice to show,
by a preponderance of the evidence, that the wireless telecommunication facility has
been in use or under repair during the period. If the owner fails to show that the wireless
telecommunication facility has been in use or under repair during the period, the city
council shall issue a determination of abandonment for the site. Upon issuance of the
final determination of abandonment, the owner shall, within 90 days, dismantle and
remove the wireless telecommunication facility. If such facility is not removed within said
90 days, the city may remove the facility at the expense of the property owner. If there
are two or more users of the facility, this provision shall not become effective until all
users cease using the facility.
A. Any wireless communication facility that is no longer needed and its use is
discontinued shall be reported immediately by the service provider to the
Administrator. Discontinued facilities shall be completely removed within six months
and the site restored to its pre-existing condition.
B. There shall also be a rebuttable presumption that any WCF that is regulated by this
chapter and that is not operated for a period of 6 months shall be considered
abandoned. This presumption may be rebutted by a showing that such WCF is an
auxiliary back-up or emergency utility or device not subject to regular use or that the
WCF is otherwise not abandoned. For those WCFs deemed abandoned, all
equipment, including, but not limited to, antennas, poles, towers, and equipment
shelters associated with the WCF shall be removed within 6 months of the cessation
of operation. Irrespective of any agreement among them to the contrary, the owner
or operator of such unused facility, or the owner of a building or land upon which the
WCF is located, shall be jointly and severally responsible for the removal of
abandoned WCFs. If the WCF is not thereafter removed within 90 days of written
notice from the City, the City may remove the WCF at the owner of the property’s
expense or at the owner of the WCF’s expense, including all costs and attorneys’
fees. If there are two or more wireless communications providers collocated on a
single support structure, this provision shall not become effective until all providers
cease using the WCF for a continuous period of 6 months
(Ord. 10-03 § 3 (Exh. A), 2010; Ord. 02-22 § 18, 2002. Formerly 17.70.120)
17.70.120 Fees – Wireless communications permit fees.
In addition to the building permit application and associated fee, any person required to
apply for a wireless communications permit under this chapter shall submit an
application for approval to the administrator on forms as required by the administrator.
The fees for such applications are described below.
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Exhibit A – Ord Amending Chapter 17.70 WCF (1-11-2021)
Page 30
A. Permit Application Fee. The wireless communications permit application shall be
accompanied by a base filing fee of $250.00, which fee shall be paid at the time of
submitting the application. No application shall be deemed complete unless such
application has been submitted and the base fees paid.
1.Broadcast and relay tower facility application fee: $1,000
2.Up to 5 small cell or DAS facilities $500 with an additional $100 for each
additional small cell or DAS facility.
A.3. Other wireless communications facilities application fee: $500
B. Engineering Fees. In addition to the fees expressly provided in this section, the
applicant shall reimburse the city for the actual costs of all engineering fees incurred
by the city in processing the application. The applicant shall become obligated to pay
and shall reimburse the city for these fees as the fees are incurred by the city. In no
event shall the applicant receive permit approval for the wireless communication
facility until all such fees have been paid.
17.70.130 Independent Technical Review.
A. Although the City intends for City staff to review administrative matters to the extent
feasible, the City may retain the services of an independent, radio frequency
technical expert to provide technical evaluation of permit applications for WCFs,
including administrative and conditional use permits. Based upon the results of the
third-party review, the City may require changes to the application to comply with the
recommendations of the expert. The technical expert review may include, but is not
limited to
1.the accuracy and completeness of the items submitted with the application;
2.the applicability of analysis and techniques and methodologies proposed by the
applicant;
3.the validity of conclusions reached by the applicant; and
4.whether the proposed WCF complies with the applicable approval criteria set
forth in this chapter.
B. The selection of the third-party expert shall be by mutual agreement between the
applicant and the City, and such agreement shall not be unreasonably withheld by
either party. The third-party expert shall have recognized training and qualifications
in the field of radio frequency engineering.
C. The applicant shall pay the cost for any independent consultant fees, through a
deposit, estimated by the City, paid within ten (10) days of the City’s request. When
the City requests such payment, the application shall be deemed incomplete for
purposes of application processing timelines. In the event that such costs and fees
do not exceed the deposit amount, the City shall refund any unused portion within
thirty (30) days after the final permit is released or, if no final permit is released,
within thirty (30) days after the City receives a written request from the applicant. If
the costs and fees exceed the deposit amount, the applicant shall pay the difference
to the City before the permit is issued.
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Exhibit A – Ord Amending Chapter 17.70 WCF (1-11-2021)
Page 31
17.70.140 Exception from Standards.
A. No WCF shall be used or developed contrary to any applicable development
standard unless an exception has been granted pursuant to this Section. These
provisions apply exclusively to WCFs and are in lieu of the generally applicable
variance and design deviation provisions in EWMC Title 17, provided this section
does not provide an exception from this chapter’s visual impact and stealth design
requirements or the approval criteria set forth in Section 17.70.080.
B. Procedure Type. A wireless communications facility exception is a Type III
procedure.
C. Submittal Requirements. In addition to the general submittal requirements for a Type
III application, an application for a wireless communication facility exception shall
include:
1.A written statement demonstrating how the exception would meet the criteria.
2.A site plan that includes:
a.Description of the proposed facility’s design and dimensions, as it would
appear with and without the exception.
b.Elevations showing all components of the wireless communication facility as it
would appear with and without the exception.
c.Color simulations of the wireless communication facility after construction
demonstrating compatibility with the vicinity, as it would appear with and
without the exception.
D. Criteria. An application for a wireless communication facility exception shall be
granted if the following criteria are met:
1.The exception is consistent with the purpose of the development standard for
which the exception is sought.
2.Based on a visual analysis, the design minimizes the visual impacts to residential
zones through mitigating measures, including, but not limited to, building heights,
bulk, color, and landscaping.
3.The applicant demonstrates the following:
a.A significant gap in the coverage, capacity, or technologies of the service
network exists such that users are regularly unable to connect to the service
network, or are regularly unable to maintain a connection, or are unable to
achieve reliable wireless coverage within a building;
b.The gap can only be filled through an exception to one or more of the
standards in this chapter; and
c.The exception is narrowly tailored to fill the service gap such that the wireless
communication facility conforms to this chapter’s standards to the greatest
extent possible.
4.Exceptions in Residential Zones. For a new tower proposed to be located in a
residential zone or within 150 feet of a residential zone, unless the proposal
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Exhibit A – Ord Amending Chapter 17.70 WCF (1-11-2021)
Page 32
qualifies as a preferred location on City-owned or operated property or facilities
under EWMC 17.70.050(B)(3), the applicant must also demonstrate that the
manner in which it proposes to fill the significant gap in coverage, capacity, or
technologies of the service network is the least intrusive on the values that this
chapter seeks to protect.
17.70.150 Eligible Facilities Modifications.
A. Application. The department shall prepare and make publicly available an
application form which shall be limited to the information necessary for the
department to consider whether an application is an Eligible Facilities Request. The
application may not require the applicant to demonstrate a need or business case for
the proposed modification.
B. Type of Review. Upon receipt of an application for an Eligible Facilities Request
pursuant to this section, the department shall review such application to determine
whether the application qualifies under this section.
C. Timeframe for Review. Within 60 days of the date on which an applicant submits an
application seeking approval under this section, the department shall approve the
application unless it determines that the application is not covered by this section.
D. Tolling of the Timeframe for Review. The 60-day review period begins to run when
the application is filed and may be tolled only by mutual agreement by the
department and the applicant, or in cases where the department determines that the
application is incomplete. The timeframe for review is not tolled by a moratorium on
the review of applications.
1.To toll the timeframe for incompleteness, the department must provide written
notice to the applicant within 30 days of receipt of the application, specifically
delineating all missing documents or information required in the application.
2.The timeframe for review begins running again when the applicant makes a
supplemental submission in response to the department’s notice of
incompleteness.
3.Following a supplemental submission, the department will notify the applicant
within 10 days that the supplemental submission did not provide the information
identified in the original notice delineating missing information. The timeframe is
tolled in the case of second or subsequent notices pursuant to the procedures
identified in paragraph (d) of this section. Second or subsequent notices of
incompleteness may not specify missing documents or information that were not
delineated in the original notice of incompleteness.
E. Interaction with Section 332(c)(7). If the department determines that the applicant’s
request is not covered by Section 6409(a) as delineated under this section, the
presumptively reasonable timeframe under Section 332(c)(7), as prescribed by the
FCC’s Shot Clock order, will begin to run from the issuance of the department’s
decision that the application is not a covered request. To the extent such information
is necessary, the department may request additional information from the applicant
to evaluate the application under Section 332(c)(7), pursuant to the limitations
applicable to other Section 332(c)(7) reviews.
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Exhibit A – Ord Amending Chapter 17.70 WCF (1-11-2021)
Page 33
F. Failure to Act. In the event the department fails to approve or deny a request
seeking approval under this section within the timeframe for review (accounting for
any tolling), the request shall be deemed granted. The deemed grant does not
become effective until the applicant notifies the applicable reviewing authority in
writing after the review period has expired (accounting for any tolling) that the
application has been deemed granted.
17.70.160 Indemnification.
Each permit issued shall have as a condition of the permit a requirement that the
applicant defend, indemnify and hold harmless the City and its officers, agents,
employees, volunteers, and contractors from any and all liability, damage, or charges
(including attorneys’ fees and expenses) arising out of claims, suits, demands, or
causes of action as a result of the permit process, granted permit, construction,
erection, location, performance, operation, maintenance, repair, installation,
replacement, removal, or restoration of the WCF on City property or in the public right-
of-way.
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Exhibit B2/16/2021 City Council Agenda Packet Page 122 of 188
SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 1 of 5
CITY OF EAST WENATCHEE
COMMUNITY DEVELOPMENT DEPARTMENT
271 9th Street NE * East Wenatchee, WA 98802
Phone (509) 884-5396 * Fax (509) 884-6233
SEPA ENVIRONMENTAL CHECKLIST
Purpose of checklist:
Governmental agencies use this checklist to help determine whether the environmental impacts of your
proposal are significant. This information is also helpful to determine if available avoidance, minimization
or compensatory mitigation measures will address the probable significant impacts or if an environmental
impact statement will be prepared to further analyze the proposal.
Instructions for applicants:
This environmental checklist asks you to describe some basic information about your proposal. Please
answer each question accurately and carefully, to the best of your knowledge. You may need to consult
with an agency specialist or private consultant for some questions. You may use “not applicable” or
"does not apply" only when you can explain why it does not apply and not when the answer is unknown.
You may also attach or incorporate by reference additional studies reports. Complete and accurate
answers to these questions often avoid delays with the SEPA process as well as later in the decision-
making process.
The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of
time or on different parcels of land. Attach any additional information that will help describe your proposal
or its environmental effects. The agency to which you submit this checklist may ask you to explain your
answers or provide additional information reasonably related to determining if there may be significant
adverse impact.
Instructions for Lead Agencies:
Please adjust the format of this template as needed. Additional information may be necessary to
evaluate the existing environment, all interrelated aspects of the proposal and an analysis of adverse
impacts. The checklist is considered the first but not necessarily the only source of information needed to
make an adequate threshold determination. Once a threshold determination is made, the lead agency is
responsible for the completeness and accuracy of the checklist and other supporting documents.
Use of checklist for nonproject proposals: [help]
For nonproject proposals (such as ordinances, regulations, plans and programs), complete the applicable
parts of sections A and B plus the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). Please
completely answer all questions that apply and note that the words "project," "applicant," and "property or
site" should be read as "proposal," "proponent," and "affected geographic area," respectively. The lead
agency may exclude (for non-projects) questions in Part B - Environmental Elements –that do not
contribute meaningfully to the analysis of the proposal.
A. Background [help]
1. Name of proposed project, if applicable: [help]
ZTA 2017-02 amending chapter 17.70 East Wenatchee Municipal Code
regulating Wireless Communication Facilities
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SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 2 of 5
2. Name of applicant: [help]
City of East Wenatchee and Douglas County
3. Address and phone number of applicant and contact person: [help]
Lorraine C. Barnett, Director
East Wenatchee Community Development Department
271 9th St. NE
East Wenatchee, WA 98802
Phone 509.884.5396
Mark Botello, Land Services Director
Douglas County Transportation and Land Services
140 19th St. NW, Suite A
East Wenatchee, WA 98802
509.884.7173
4. Date checklist prepared: [help]
January 18, 2021
5.Agency requesting checklist: [help]
City of East Wenatchee
6. Proposed timing or schedule (including phasing, if applicable): [help]
Final action by the East Wenatchee City Council in February 2021.
Douglas County Planning Commission will likely hold their public hearing
in March or April 2021 and the Board of County Commissions to take final
action in April or May 2021.
7. Do you have any plans for future additions, expansion, or further activity related to or
connected with this proposal? If yes, explain. [help]
No.
8. List any environmental information you know about that has been prepared, or will
be prepared, directly related to this proposal. [help]
None known
9. Do you know whether applications are pending for governmental approvals of other
proposals directly affecting the property covered by your proposal? If yes, explain.
No
10. List any government approvals or permits that will be needed for your proposal, if
known. [help]
Final action by the East Wenatchee City Council and Douglas County
Board of Commissions is required
11. Give brief, complete description of your proposal, including the proposed uses and
the size of the project and site. There are several questions later in this checklist that
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SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 4 of 5
D. supplemental sheet for nonproject actions [help]
(IT IS NOT NECESSARY to use this sheet for project actions)
Because these questions are very general, it may be helpful to read them in
conjunction with the list of the elements of the environment.
When answering these questions, be aware of the extent the proposal, or the
types of activities likely to result from the proposal, would affect the item at a
greater intensity or at a faster rate than if the proposal were not implemented.
Respond briefly and in general terms.
1. How would the proposal be likely to increase discharge to water; emissions to air;
production, storage, or release of toxic or hazardous substances; or production of noise?
This proposal addresses standards for wireless telecommunication
facilities. Such facilities are unlikely to have any emissions or discharges.
Proposed measures to avoid or reduce such increases are:
None necessary.
2. How would the proposal be likely to affect plants, animals, fish, or marine life?
Although WC towers have been known to impact birds, none of the
amendments increase the allowed height of wireless facilities.
Proposed measures to protect or conserve plants, animals, fish, or marine life are:
The existing standards address potential impacts. Any potential for
impacts as a consequence of development of a WCF, would be evaluated
and mitigated accordingly in the review and permitting phase of any
development.
3. How would the proposal be likely to deplete energy or natural resources?
No impacts are anticipated as a result of the proposed amendments.
Proposed measures to protect or conserve energy and natural resources are:
Any need for electricity at the time of development of a WCF, would be
evaluated and mitigated accordingly in the review and permitting phase of
any project.
4. How would the proposal be likely to use or affect environmentally sensitive areas or
areas designated (or eligible or under study) for governmental protection; such as
parks, wilderness, wild and scenic rivers, threatened or endangered species habitat,
historic or cultural sites, wetlands, floodplains, or prime farmlands?
The proposed development code amendments will not result in impacts to
these sensitive areas.
Proposed measures to protect such resources or to avoid or reduce impacts are:
Any potential impacts because of actual development of a WCF, would be
analyzed and mitigation identified during the review and processing of a
specific permit application.
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SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 5 of 5
5. How would the proposal be likely to affect land and shoreline use, including whether
it would allow or encourage land or shoreline uses incompatible with existing plans?
The proposed amendments include provisions that would have a positive
effect on the visual impact of WCF. Stealth design is encouraged for all
facilities and would be required in residential zoning districts.
Proposed measures to avoid or reduce shoreline and land use impacts are:
The proposed amendments require stealth design for facilities in
residential zoning districts which will ensure that such facilities are
compatible with surrounding land uses. Screening of ground mounted
facilities is also required. Most of the shoreline area is zoned waterfront
mixed use. Such facilities are not permitted in that district. Any shoreline
impacts within the commercial zoning districts will be addressed when
specific projects are reviewed during the permit process.
6. How would the proposal be likely to increase demands on transportation or public
services and utilities?
WCF have little demand for transportation or public services. Electricity is
generally available throughout the urban growth area.
Proposed measures to reduce or respond to such demand(s) are:
Electrical service system demands because of development would be
evaluated at the time of application submittal and must meet adopted level
of service standards.
7. Identify, if possible, whether the proposal may conflict with local, state, or federal
laws or requirements for the protection of the environment.
None known. The proposed amendments are intended to bring standards
for WCF into compliance with state and federal regulations.
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CITY OF EAST WENATCHEE
COUNCIL AGENDA BILL
To: Mayor and Council
From/Presenter: Tom Wachholder, Project Development Manager
Subject: RH2 Engineering General Services Contract
Date: February 16, 2021
I. Summary Title: 2021 RH2 Engineering General Services Contract
II. Background/History: The City of East Wenatchee has a need for periodic professional
engineering services (e.g., large/complex development review, cost estimate
verification, technical issue advice). RH2 Engineering performed these services during
2020 under a similar contract. In 2020, with a budget of $15,000, Public Works spent
$6,156.46 on general engineering services.
III. Recommended Action: Authorize Mayor Crawford to execute the attached 2021 RH2
Engineering General Services Contract.
IV. Exhibits: 2021 RH2 Engineering General Services Contract
Financial Data:
Expenditure Required Amount Budgeted Appropriation Required
Up to $15,000 $15,000 No
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CITY OF EAST WENATCHEE
COUNCIL AGENDA BILL
To: Mayor and Council
From/Presenter: Lori Barnett, Community Development Director
Subject: Grant from the Washington State Department of Ecology for the
required 2021 Review & Update to the Shoreline Master Program.
Date: February 19, 2021
I. Summary Title: Shorelands Shoreline Master Program Agreement
Between the State of Washington Department of Ecology and City of
East Wenatchee (Agreement No. SEASMP-1921-Ewena-00118).
II. Background/History: The City of East Wenatchee adopted the Douglas
County Regional Shoreline Master Program (SMP) in 2009. Douglas
County has adopted several amendments to that document which have
not been adopted by any of the cities. The City is required to undergo a
periodic review, and if necessary, amend the SMP on or before June 30,
2021 (RCW 90.58.080 (4)).
To assist local governments in the update process, the Department of
Ecology offered grants. The grant provides $16,800 to pay for a
consultant and city out-of-pocket expenses such as advertising and
materials.
III. Recommended Action:
Motion to approve the Mayor’s signature on the Shorelands Shoreline
Master Program Agreement Between the State of Washington
Department of Ecology and City of East Wenatchee.
IV. Exhibits:
Shorelands Shoreline Master Program Agreement Between the State of
Washington Department of Ecology and City of East Wenatchee
Financial Data:
Expenditure Required Amount Budgeted Appropriation Required
$0 $0 $0
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Agreement No. SEASMP-1921-Ewena-00118
SHORELANDS SHORELINE MASTER PROGRAM AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF EAST WENATCHEE
This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter
referred to as “ECOLOGY,” and City of East Wenatchee, hereinafter referred to as the “RECIPIENT,” to carry out with the
provided funds activities described herein.
Shoreline Master Program – Periodic Review
GENERAL INFORMATION
Project Title:
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than:
Project Type:
Project Short Description:
The RECIPIENT will conduct a periodic review of the Shoreline Master Program (SMP) that is developed in a manner
consistent with requirements of the Shoreline Management Act (SMA), RCW 90.58, and its implementing rules, WAC
173-26, including the Shoreline Master Program Guidelines (SMP Guidelines).
Project Long Description:
The purpose of the Shoreline Master Program periodic review is to (a) assure that the master program complies with
applicable law and SMP Guidelines in effect at the time of the review, and (b) assure consistency of the master program
with the local government's comprehensive plan and development regulations adopted under chapter RCW 36.70A, if
applicable. Local governments should also consider amendments needed to address changed circumstances, new
information, or improved data.
$25,000.00
$16,800.00
$16,800.00
$0.00
07/01/2019
06/30/2021
Periodic Review of the Shoreline Master Program
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Page 2 of 26State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SEASMP-1921-Ewena-00118
Shoreline Master Program – Periodic Review
City of East Wenatchee
Please note: Beyond the scope of this agreement, the RECIPIENT will continue the SMP formal adoption process as
stated in the SMA and WAC 173-26. Work related to these activities and formal adoption by the local governing body
is eligible for reimbursement under this grant, provided it is completed by June 30, 2021. The adoption process includes
the activities shown below.
1. Complete SEPA review and documentation
Conduct SEPA review pursuant to the State Environmental Policy Act (RCW 43.21C).
2. Provide GMA 60-day notice of intent to adopt
For local governments planning under the Growth Management Act, notify ECOLOGY and the Department of
Commerce of intent to adopt the SMP amendment at least 60 days in advance of final local approval, pursuant to RCW
36.70A.106.
3. Hold public hearing
Hold at least one public hearing prior to local adoption of the draft SMP or Findings of Adequacy, consistent with the
requirements of WAC 173-26-100 or WAC 173-26-104.
4. Prepare a responsiveness summary
Prepare a summary responding to all comments received during the public hearing and the public comment period. The
names and mailing addresses of all interested parties providing comment shall be compiled.
5. Adopt SMP and submit to ECOLOGY
Complete the adoption process for the SMP update under either WAC 173-26-100 or WAC 173-26-104 and submit
the locally-adopted Draft SMP amendment or Findings of Adequacy and Periodic Review Checklist to ECOLOGY
under WAC 173-26-110.
Overall Goal:
Periodic Review Checklist and final draft SMP amendment or Findings of Adequacy.
Template Version 12/10/2020
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Page 3 of 26State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SEASMP-1921-Ewena-00118
Shoreline Master Program – Periodic Review
City of East Wenatchee
RECIPIENT INFORMATION
Organization Name:
Federal Tax ID:
DUNS Number:
Mailing Address:
Physical Address:
Contacts
Organization Email:
Organization Fax:
City of East Wenatchee
91-6009051
018981480
271 9th St NE
East Wenatchee, WA 98802
271 9th St NE
East Wenatchee, WA 98802
twachholder@east-wenatchee.com
(509) 884-6233
Template Version 12/10/2020
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Page 4 of 26State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SEASMP-1921-Ewena-00118
Shoreline Master Program – Periodic Review
City of East Wenatchee
Lorraine Barnett
Community Dev. Director
271 9th St NE
East Wenatchee, WA 98802
East Wenatchee, Washington 98802
Email: lbarnett@eastwenatcheewa.gov
Phone: (509) 884-5396
Authorized
Signatory
Josh DeLay
Finance Director
271 9th St NE
East Wenatchee, WA 98802
East Wenatchee, Washington 98802
Email: jdelay@eastwenatcheewa.gov
Phone: (509) 886-4507
Billing Contact
Project Manager
Authorized
Signatory
Lorraine Carol Barnett
Community Dev. Director
271 9th St NE
East Wenatchee, WA 98802
East Wenatchee, Washington 98802
Email: lbarnett@eastwenatcheewa.gov
Phone: (509) 884-5396
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Page 5 of 26State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SEASMP-1921-Ewena-00118
Shoreline Master Program – Periodic Review
City of East Wenatchee
Contacts
Project
Manager
Financial
Manager
Chelsea Benner
1250 W Alder St.
Union Gap, Washington 98903-0009
Email: cheb461@ecy.wa.gov
Phone: (509) 454-3619
Amy Krause
Fund Coordinator and Financial Manager
PO Box 47600
Olympia, Washington 98504-7600
Email: amkr461@ecy.wa.gov
Phone: (360) 407-7107
ECOLOGY INFORMATION
Mailing Address:
Physical Address:
Department of Ecology
Shorelands
PO BOX 47600
Olympia, WA 98504-7600
Shorelands
300 Desmond Drive SE
Lacey, WA 98503
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Agreement No:
Project Title:
Recipient Name:
SEASMP-1921-Ewena-00118
Shoreline Master Program – Periodic Review
City of East Wenatchee
SCOPE OF WORK
Task Number: 1 Task Cost: $700.00
Task Title: 1. Project Oversight: Coordination, Management, and Administration
Task Description:
The RECIPIENT will provide necessary project oversight to complete the scope of work in compliance with this ECOLOGY
agreement, which includes project coordination, project management, and project administration.
A. The RECIPIENT will coordinate with ECOLOGY throughout the SMP review process. The RECIPIENT will provide
ECOLOGY opportunities to review draft deliverables at appropriate intervals. ECOLOGY will provide ongoing technical
assistance, and will evaluate consistency of deliverables with the Shoreline Management Act and applicable guidelines
throughout the review process.
B. The RECIPIENT will coordinate with other applicable federal, state and local agencies, neighboring jurisdictions, and
Indian tribes as provided in the Guidelines and SMA procedural rules. In addition, the RECIPIENT will consult with other
appropriate entities which may have useful information if necessary.
C. The RECIPIENT will conduct project management activities including compliance with state statutes and rules, project
scheduling, adherence to the scope of work, timelines, and due dates; request for, and if applicable, conducting the competitive
procurement process including preparation of contractor bidding documents, advertisements, and grant monitoring.
D. The RECIPIENT will submit quarterly progress reports and payment requests (PRPRs) with supporting documentation;
maintain project records; and submit ECOLOGY-approved deliverables by the due dates established between ECOLOGY
and the RECIPIENT.
Task Goal Statement:
Properly manage and fully document the project in accordance with ECOLOGY's grant administration requirements.
Task Expected Outcome:
Timely and complete submittal of requests for reimbursement, quarterly progress reports and recipient closeout report.
Properly maintained project documentation.
Recipient Task Coordinator: Lorraine Barnett
Deliverables
1. Project Oversight: Coordination, Management, and Administration
Number Description Due Date
1.1 Progress reports are due quarterly.
1.2 Recipient Close Out Report 06/30/2021
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Agreement No:
Project Title:
Recipient Name:
SEASMP-1921-Ewena-00118
Shoreline Master Program – Periodic Review
City of East Wenatchee
SCOPE OF WORK
Task Number: 2 Task Cost: $200.00
Task Title: 2. Secure Consultant Services, If Needed
Task Description:
If applicable, the RECIPIENT will:
A. Secure qualified consultant services
In accordance with the RECIPIENT or State of Washington procurement procedures, the RECIPIENT will enter into a
contract with the selected consultant(s) and prepare a sub agreement in accordance with the scope of work in this agreement.
Task Goal Statement:
To ensure the RECIPIENT has qualified personnel to conduct the scope of this project.
Task Expected Outcome:
If applicable, signed contract and sub-agreement with consultant(s).
Recipient Task Coordinator: Lorraine Barnett
Deliverables
2. Secure Consultant Services, If Needed
Number Description Due Date
2.1 Final signed consulting contract. Upload to EAGL per the date in the
Deliverable Due Dates form.
2.2 Update in quarterly progress report.
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Agreement No:
Project Title:
Recipient Name:
SEASMP-1921-Ewena-00118
Shoreline Master Program – Periodic Review
City of East Wenatchee
SCOPE OF WORK
Task Number: 3 Task Cost: $1,800.00
Task Title: 3. Public Participation
Task Description:
The RECIPIENT will:
A. Develop a Public Participation Plan
Prepare and disseminate a public participation plan to invite and encourage public involvement in the SMP periodic review
consistent with WAC 173-26-090. The public participation plan should include applicable local requirements such as planning
commission review and formal hearings, as well as applicable state notice requirements.
B. Conduct public participation activities
Implement the public participation plan throughout the course of the SMP periodic review process.
Task Goal Statement:
To inform and involve all stakeholders in the SMP periodic review process.
Task Expected Outcome:
Continuous public participation activities throughout the SMP periodic review process.
Recipient Task Coordinator: Lorraine Barnett
Deliverables
3. Public Participation
Number Description Due Date
3.1 Public Participation Plan. Upload to EAGL per the date in the Deliverable Due
Dates form.
3.2 Updates of public involvement activities in progress reports.
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Agreement No:
Project Title:
Recipient Name:
SEASMP-1921-Ewena-00118
Shoreline Master Program – Periodic Review
City of East Wenatchee
SCOPE OF WORK
Task Number: 4 Task Cost: $9,100.00
Task Title: 4. Review Shoreline Master Program and Draft Revisions, If Needed
Task Description:
The RECIPIENT will:
A. Review the SMP to determine if revisions are needed
1. Review amendments to chapter 90.58 RCW and Ecology rules that have occurred since the Shoreline Master Program was
last amended, and determine if local amendments are needed to maintain compliance. Ecology will provide a checklist of
legislative and rule amendments to assist local governments with this review.
2. Review changes to the comprehensive plan and development regulations to determine if the Shoreline Master Program
policies and regulations remain consistent with them. Document the consistency analysis to support proposed changes to the
Shoreline Master Program or Findings of Adequacy.
3. Conduct additional analysis deemed necessary to address changing local circumstances, new information or improved data.
B. Draft revised SMP goals, policies and regulations, or prepare Findings of Adequacy
1. Prepare amended goals and policies or regulations identified through the review process. Use the checklist to identify where
in the SMP changes are made to address applicable statutory or regulatory changes.
2. Where the review conducted under Task 4A concludes no changes are necessary, prepare draft Findings of Adequacy.
Task Goal Statement:
To review the SMP to determine if changes are necessary, and revise the SMP if changes are deemed necessary.
Task Expected Outcome:
A completed Periodic Review Checklist documenting the initial staff review of the SMP, and either initial draft SMP
amendments or draft Findings of Adequacy.
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Agreement No:
Project Title:
Recipient Name:
SEASMP-1921-Ewena-00118
Shoreline Master Program – Periodic Review
City of East Wenatchee
Recipient Task Coordinator: Lorraine Barnett
Deliverables
4. Review Shoreline Master Program and Draft Revisions, If Needed
Number Description Due Date
4.1 A Periodic Review Checklist documenting consideration of statutory
amendments, and internal consistency review. Upload to EAGL per the date in
the Deliverable Due Dates form.
4.2 Initial draft SMP amendments or Findings of Adequacy and supporting
documentation. Upload to EAGL per the date in the Deliverable Due Dates
form.
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Agreement No:
Project Title:
Recipient Name:
SEASMP-1921-Ewena-00118
Shoreline Master Program – Periodic Review
City of East Wenatchee
SCOPE OF WORK
Task Number: 5 Task Cost: $5,000.00
Task Title: 5. Final Draft SMP or Findings of Adequacy
Task Description:
The RECIPIENT will:
A. Conduct public review process
Conduct a local public review process for the proposed Shoreline Master Program as provided in the SMA and WAC
173-26. Where amendments to the SMP are proposed they shall contain applicable shoreline goals, policies, or regulations
with copies of any provisions adopted by reference. Where no changes are needed, the local process will include a formal
Findings of Adequacy.
B. Assemble final draft amendment or Findings of Adequacy
Assemble a complete SMP final draft amendment in preparation for review and approval by the local jurisdictional governing
body. Where the review determines that no changes are needed, the Recipient will prepare a formal Findings of Adequacy.
Task Goal Statement:
Complete a Shoreline Master Program final draft amendment or Findings of Adequacy.
Task Expected Outcome:
A Shoreline Master Program final draft amendment or Findings of Adequacy.
Recipient Task Coordinator: Lorraine Barnett
Deliverables
5. Final Draft SMP or Findings of Adequacy
Number Description Due Date
5.1 Updates of public review process activities in progress report.
5.2 Submit an SMP final draft amendment or Findings of Adequacy, with relevant
supporting documentation and a complete Periodic Review checklist. Upload
to EAGL per the date in the Deliverable Due Dates form.
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Agreement No:
Project Title:
Recipient Name:
SEASMP-1921-Ewena-00118
Shoreline Master Program – Periodic Review
City of East Wenatchee
BUDGET
Funding Distribution EG210115
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Title:
State
Model Toxics Control Operating Account (MTCOA)
100%
Model Toxics Control Operating Account (MTCOA)
Type:
Funding Source %:
Description:
Approved Indirect Costs Rate:
Recipient Match %:
InKind Interlocal Allowed:
InKind Other Allowed:
Is this Funding Distribution used to match a federal grant? No
Approved State Indirect Rate: 0%
0%
No
No
Funding Title:
Funding Source:
Funding Expiration Date:
Funding Type:
Funding Effective Date:
Model Toxics Control Operating Account (MTCOA)
07/01/2019 06/30/2021
Grant
Model Toxics Control Operating Account (MTCOA)Task Total
1. Project Oversight: Coordination, Management, and
Administration
700.00$
2. Secure Consultant Services, If Needed 200.00$
3. Public Participation 1,800.00$
4. Review Shoreline Master Program and Draft Revisions, If
Needed
9,100.00$
5. Final Draft SMP or Findings of Adequacy 5,000.00$
16,800.00$Total:
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Agreement No:
Project Title:
Recipient Name:
SEASMP-1921-Ewena-00118
Shoreline Master Program – Periodic Review
City of East Wenatchee
Funding Distribution Summary
Recipient / Ecology Share
Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name
$$$%16,800.00 16,800.000.000.00Model Toxics Control Operating
Account (MTCOA)
Total $$0.00 16,800.00 $16,800.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
Deliverable Due Date Form:
The RECIPIENT will negotiate the task deliverable due dates with the ECOLOGY Project Manager, and the ECOLOGY
Project Manager will enter the information in the Deliverable Due Date EAGL form. The RECIPIENT will keep track of these
due dates, and will note any date changes on the quarterly progress reports. The Deliverable Due Date form can be found on
the Application Menu - Forms page in EAGL. (Note: This form does not automatically print out with the agreement.)
Document Accessibility Requirements (as described in the General Terms and Conditions of this Agreement:
ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY):
For documents produced under this agreement intended to be published, posted, or hosted on ECOLOGY’s external web
site, the RECIPIENT shall provide the documents in both their “native format” (such as Word, Excel, PowerPoint) and in PDF
format (latest version of Adobe Acrobat Pro or compatible). The PDF documents must satisfactorily pass the Adobe Acrobat
Pro Accessibility Checker (Full Check). The RECIPIENT will provide ECOLOGY the Accessibility Checker’s report.
ECOLOGY will review the PDF Accessibility results and may request the RECIPIENT remedy any known issues.
ECOLOGY reserves the right to perform independent testing to validate accessibility and may require the RECIPIENT
remedy any identified issues before acceptance of the document. For assistance concerning Accessibility, visit state of
Washington, Office of the Chief Information Officer, OCIO Policy no. 188, Accessibility
(https://ocio.wa.gov/policy/accessibility).
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is
used to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for
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Agreement No:
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Recipient Name:
SEASMP-1921-Ewena-00118
Shoreline Master Program – Periodic Review
City of East Wenatchee
debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving
contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements
contained in the certification, they must provide an explanation as to why they cannot.
2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by
reason of changed circumstances.
3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set
out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact
ECOLOGY for assistance in obtaining a copy of those regulations.
4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a
person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction.
5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled
“CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered
transaction complies with certification of suspension and debarment requirements.
7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal
Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including
suspension and debarment.
8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the
signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
· Receives more than $25,000 in federal funds under this award.
· Receives more than 80 percent of its annual gross revenues from federal funds.
· Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is
required to report the FFATA information for federally funded agreements, including the required DUNS number, at
www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to
the public at www.usaspending.gov <http://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>.
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Agreement No:
Project Title:
Recipient Name:
SEASMP-1921-Ewena-00118
Shoreline Master Program – Periodic Review
City of East Wenatchee
C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT:
As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending
loan or grant funds to:
1. Procure or obtain;
2. Extend or renew a contract to procure or obtain; or
3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use
covered telecommunications equipment, video surveillance services or services as a substantial or essential component
of any system, or as critical technology as part of any system. As described in Public Law 115-232
<https://www.govinfo.gov/content/pkg/PLAW-115publ232/pdf/PLAW-115publ232.pdf>, section 889, covered
telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or
services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in
the System for Award Management (SAM) <https://sam.gov/SAM/> exclusion list.
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Agreement No:
Project Title:
Recipient Name:
SEASMP-1921-Ewena-00118
Shoreline Master Program – Periodic Review
City of East Wenatchee
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 7-1-2019 VERSION
1. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition."
(https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html)
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all
funds and resources made available under this Agreement.
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all
subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request
proof of compliance by subgrantees and contractors.
d) RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent
and character of all work and services.
2. AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent
modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized
representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative
information without the concurrence of either party.
3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer, OCIO Policy no. 188,
Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all
products supplied under the agreement, providing equal access to information technology by individuals with disabilities,
including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic
documents intended for publishing on Ecology’s public web site.
4. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic resources.
The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural
artifacts discovered, disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement.
RECIPIENT shall:
a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project:
• For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor
Executive Order 05-05, Archaeology and Cultural Resources.
• For projects with any federal involvement, if required, comply with the National Historic Preservation Act.
• Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site.
b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing
any project that involves ground disturbing activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
• Keep the IDP at the project site.
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SEASMP-1921-Ewena-00118
Shoreline Master Program – Periodic Review
City of East Wenatchee
• Make the IDP readily available to anyone working at the project site.
• Discuss the IDP with staff and contractors working at the project site.
• Implement the IDP when cultural resources or human remains are found at the project site.
c) If any archeological or historic resources are found while conducting work under this Agreement:
• Immediately stop work and notify the ECOLOGY Program, the Department of Archaeology and Historic Preservation at
(360) 586-3064, any affected Tribe, and the local government.
d) If any human remains are found while conducting work under this Agreement:
• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner’s Office, and then the
ECOLOGY Program.
e) Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws
protecting cultural resources and human remains.
5. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT.
6. COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all
affected local, state, or federal jurisdictions, and any interested individuals or groups.
7. COMPENSATION
a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT.
ECOLOGY must sign the Agreement before any payment requests can be submitted.
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement.
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with
ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure.
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY.
e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting
documentation. ECOLOGY will provide instructions for submitting payment requests.
f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk.
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9
form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor
registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov.
h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement.
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof,
has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement,
as appropriate, or upon completion of an audit as specified herein.
j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and
other reports required by this agreement. Failure to comply may result in delayed reimbursement.
8. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to
this Agreement, including but not limited to:
a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of
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Agreement No:
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Recipient Name:
SEASMP-1921-Ewena-00118
Shoreline Master Program – Periodic Review
City of East Wenatchee
Washington which affect wages and job safety.
b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required
by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the
permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to
comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to
conform to that statute or rule of law.
9. CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility
in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor
affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds
thereof.
10. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award
all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services
through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure
legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be
required to provide written certification that they have followed their standard procurement procedures and applicable state law
in awarding contracts under this Agreement.
ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state
procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion.
11. DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the
determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for
below:
a) RECIPIENT notifies the funding program of an appeal request.
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal.
d) ECOLOGY reviews the RECIPIENT’s appeal.
e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review.
The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such
decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly
authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director’s decision
will not be taken to Environmental and Land Use Hearings Office.
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in
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Agreement No:
Project Title:
Recipient Name:
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Shoreline Master Program – Periodic Review
City of East Wenatchee
accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method, in addition to the
dispute resolution procedure outlined above.
12. ENVIRONMENTAL DATA STANDARDS
a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental
measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY
Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
• Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA)
officer or the Program QA coordinator instructs otherwise.
• Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004
(Ecology Publication No. 04-03-030).
• Submit the QAPP to ECOLOGY for review and approval before the start of the work.
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental
Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at:
http://www.ecy.wa.gov/eim.
c) RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and
processed. Guidelines for Creating and Accessing GIS Data are available at:
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when
requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data
collection files, map products, and all metadata and project documentation.
13. GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be
in the Superior Court of Thurston County.
14. INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project
described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other
harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of
that party or that party's agents or employees arising out of this Agreement.
15. INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be
employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other
party.
16. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up
any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award
of a subcontract hereunder.
17. MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE)
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Shoreline Master Program – Periodic Review
City of East Wenatchee
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned
(WBE) businesses in purchases and contracts initiated under this Agreement.
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to
take the following actions, when possible, in any procurement under this Agreement:
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or
services.
b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation
by qualified minority and women's businesses.
c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and
women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE)
(866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate.
18. ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of
Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the
"Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g)
General Terms and Conditions.
19. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of
this Agreement:
a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior
to production and distribution.
b) RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline.
c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products
developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio
tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any
online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the
RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item.
Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic
requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY’s logo contact
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY.
20. PROGRESS REPORTING
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to
ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document
timely use of funds.
b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a
progress report. ECOLOGY will define the elements and frequency of progress reports.
c) RECIPIENT shall use ECOLOGY’s provided progress report format.
d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through
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Agreement No:
Project Title:
Recipient Name:
SEASMP-1921-Ewena-00118
Shoreline Master Program – Periodic Review
City of East Wenatchee
September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the
quarter being reported.
e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been
approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program
guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format.
21. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive,
and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to
use the same for federal, state, or local government purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information;
present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data
in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials.
d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants
and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds
furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific
instructions with respect thereto in this Agreement.
e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT
for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property
is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by
the RECIPIENT for the fair market value of such property.
f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the
acquisition of land or facilities:
1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
Agreement.
2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of
funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and
attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by
this Agreement.
g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any equipment,
property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally
approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of
that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this
Agreement bear to the total acquisition, purchase, or construction costs of such property.
22. RECORDS, AUDITS, AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering
documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement.
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Project Title:
Recipient Name:
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Shoreline Master Program – Periodic Review
City of East Wenatchee
d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington,
for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the
records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has
been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced.
Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY
and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for
at least three (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in
order to monitor and evaluate performance, compliance, and any other conditions under this Agreement.
23. RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance
of this Agreement and completion of the work described in the Scope of Work.
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or
unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT.
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within
thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY
demands repayment of funds.
Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such
invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to
this end the provisions of this Agreement are declared to be severable.
25. STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental
Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to
this provision.
26. SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any
portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume
performance on the next business day following the suspension period unless another day is specified by ECOLOGY.
27. SUSTAINABLE PRACTICES
In order to sustain Washington’s natural resources and ecosystems, the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement.
a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact
meetings, and setting up recycling and composting programs.
b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and
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Project Title:
Recipient Name:
SEASMP-1921-Ewena-00118
Shoreline Master Program – Periodic Review
City of East Wenatchee
imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced
packaging, office products that are refillable, rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free
products.
For more suggestions visit ECOLOGY’s web page, Green Purchasing,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
28. TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of
any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective date of termination.
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work
on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in
writing for commencement of work, or the time period defined within the Scope of Work.
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of
ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds,
terminate in whole or in part this Agreement, and exercise any other rights under this Agreement.
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
determined.
b) For Convenience
ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of
ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this
Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the
terms of this Agreement prior to the effective date of termination.
Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding. In the event funding
from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the
completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in
whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to
suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may
exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide
notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no
event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the agreement and any amendments.
If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay
monies which had been paid to the RECIPIENT prior to such termination.
RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of
funds by the RECIPIENT's governing body.
c) By Mutual Agreement
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Project Title:
Recipient Name:
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Shoreline Master Program – Periodic Review
City of East Wenatchee
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement.
d) In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials
prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
29. THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of
Washington is named as an express third party beneficiary of such subcontracts with full rights as such.
30. WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will
not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized
representative of ECOLOGY.
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CITY OF EAST WENATCHEE
COUNCIL AGENDA BILL
To: Mayor and Council
From/Presenter: Lori Barnett, Community Development Director
Subject: Selection of consultant for Shoreline Master Program (SMP) review and
update project.
Date: February 16, 2021
I. Summary Title: Professional Services Agreement with Anchor QEA, LLC for
Review and Update of the Shoreline Master Program.
II. Background/History: The City of East Wenatchee is required to review, and if
necessary, amend the SMP on or before June 30, 2021.
The City received a $16,800 grant from the Department of Ecology to help pay for
this project. Anchor QEA was selected to assist with this project as the most
qualified consultant since they just finished an update to Douglas County’s SMP and
are also working on their required review and update project. They are also working
with Wenatchee as their consultant for the review and update of their SMP.
Attached to this Agenda Bill is a draft contract and Scope of Work. Staff has already
prepared a Public Participation Plan.
III. Recommended Action:
Motion to approve the selection of Anchor QEA, LLC for Review and Update of the
Shoreline Master Program and authorize the Mayor to sign a contract for services.
IV. Exhibits:
Professional Services Agreement with Anchor QEA, LLC for Review and Update of
the Shoreline Master Program (“Agreement”) with Exhibit A Scope of Work
Financial Data:
Expenditure Required Amount Budgeted Appropriation Required
$14,000 $25,000 $
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Professional Services Agreement for SMP Update
Anchor QEA, LLC
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Professional Services Agreement with Anchor QEA, LLC for
Review and Update of the Shoreline Master Program
(“Agreement”)
1. Governing Law. The laws of the state of Washington govern how to interpret,
construe, and enforce the Agreement.
2. Parties. The parties to this Agreement are the City of East Wenatchee (“City”) and
Anchor QEA, LLC (“Contractor”), a limited liability partnership. The City and
Contractor (together “Parties”) are located at the below addresses and are valid for
any notice required under this Agreement:
Contractor
Anchor QEA LLC
John Small
23 S. Wenatchee Ave., Suite 220
Wenatchee, WA 98801
(206)903-3308
jsmall@anchorqea.com
City of East Wenatchee
Lori Barnett
271 9th St. NE
East Wenatchee, WA 98802
(509) 884-5396
lbarnett@eastwentcheewa.gov
3. Term. The term of this Agreement begins on February 17, 2021 and continues until
Contractor completes the Services described in Exhibit A, but no later than July 30,
2021. The parties may extend the term of this Agreement by mutual, written
agreement.
4. Termination.
4.1. 30-day Notice. The City may terminate this Agreement, without or
without cause, upon providing Contractor with a 30-day, written notice.
4.2. Immediate. The City may terminate this Agreement immediately if
Contractor fails to maintain the required insurance policies, breaches
confidentiality, or materially violates Section 12 of this Agreement. If the City
immediately terminates this Agreement, Contractor will be ineligible for further
agreements with the City.
4.3. Non-appropriation of funds. The current fiscal period is January 1,
2021 to December 31, 2021. If the East Wenatchee City Council does not
appropriate sufficient funds for any future fiscal period: the City will not be
obligated to pay for services or amounts incurred after the end of the current
fiscal period; this Agreement will terminate after Contractor completes all
remaining Exhibit A services for which funds are allocated, and the City will not
incur any penalty or expense if this provision applies.
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5. Contractor’s Services. Exhibit A is attached and incorporated into this
Agreement. Contractor must perform Services specifically described in Exhibit A,
under the direction of the Mayor or her designee, in a manner consistent with the
accepted professional practices for other similar services within the North Central
Washington region, to the City’s satisfaction, and within the time period prescribed
in this Agreement. Acceptance of the Services are subject, at all times, to the City’s
inspection and approval. Contractor must cooperate with and freely participate in
any monitoring or evaluation activities conducted by the City that are pertinent to
the intent of this Agreement. If the City fails to inspect or approve, however,
Contractor must continue to perform services, notwithstanding the City’s knowledge
of defective or non-complying performance, its substantiality, or the ease of its
discovery.
6. Warranties. Contractor warrants that:
6.1. It has the requisite training, skills, and experience necessary to complete the
Services.
6.2. It is accredited and licensed by all applicable agencies and government
entities, including a City of East Wenatchee business license.
7. Compensation.
7.1. Amount. In return for Contractor performing the Services set forth in Section 5,
the City will pay Contractor an amount not to exceed $14,000.
7.2. Method. Contractor will submit a monthly invoice to the City in a form
specified by the City. The monthly invoice must detail the services performed
during the month, detail the number of hours spent performing such services,
and detail any reimbursable costs and expenses incurred with performing such
services. Contractor must also submit a final invoice upon completing all
services. The City will pay only after Contractor has performed the services and
within 30 days after the appropriate City representative has approved the
invoice.
7.3. Disputed services. If the City believes in good faith that Contractor has
not satisfactorily performed a service, the City may request that Contractor
correct the service before the City pays for such service. In such event, the City
must reasonably explain to Contractor its concerns over the service and the
remedy that the City expects from Contractor. The City may withhold from any
payment otherwise due an amount that the City believes is under dispute. If
Contractor does not provide a sufficient remedy, the City may retain the amount
equal to the cost to the City for otherwise correcting or remedying the service not
satisfactorily completed.
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7.4. Taxes. Contractor is solely responsible to pay any tax imposed by any
lawful jurisdiction on any compensation received under this Agreement.
7.5. Advance Payment Prohibited. The City does not accept requests for
early payment, down payment, or partial payment.
8. Indemnification.
8.1. Contractor Indemnification. Contractor agrees to release, indemnify,
defend, and hold the City, its elected officials, officers, employees, agents,
representatives, insurers, attorneys, and volunteers harmless from any and all
claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses,
fines, fees, penalties expenses, attorney’s fees, costs, and/or litigation expenses
to or by any and all persons or entities, including, without limitation, their
respective agents, subcontractors, employees, licensees, or representatives;
arising from, resulting from, or in connection with this Agreement or the acts,
errors or omissions of Contractor in performance of this Agreement, except for
that portion of the claims caused by the City's sole negligence. Should a court of
competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent
negligence of Contractor and the City, Contractor's liability, including the duty
and cost to defend, hereunder is only to the extent of Contractor's negligence.
Contractor must ensure that each sub-contractor agrees to defend and indemnify
the City, its elected officials, officers, employees, agents, representatives,
insurers, attorneys, and volunteers to the extent and on the same terms and
conditions as Contractor pursuant to this paragraph. The City's inspection or
acceptance of any of Contractor’s work when completed is grounds to avoid any
of these covenants of indemnification.
8.2. Industrial Insurance Act Waiver. Contractor specifically and
expressly waives any immunity that may be granted to it under the Washington
State industrial insurance act, Title 51 RCW, solely for the purposes of this
indemnification. Contractor's indemnification is not be limited in any way by any
limitation on the amount of damages, compensation or benefits payable to or by
any third party under workers' compensation acts, disability benefit acts or any
other benefits acts or programs. The Parties acknowledge that they have
mutually negotiated this waiver.
8.3. Intellectual Property. Contractor releases and will defend, indemnify
and hold harmless the City from and against all claims, cost, liabilities, damages,
expenses (including but not limited to reasonable attorney fees) and royalties
based upon any actual or alleged infringement or misappropriate of any patent,
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copyright, trade secret, trademark, or other intellectual property right by any
work. Further, if any work infringes or misappropriates any patent, copyright,
trade secret, trademark or other intellectual property right, Contractor must
either (a) procure for the City the right to use such work; or (b) modify work so
that it no longer infringes or misappropriates any such right.
8.4. Copyrights and use of Materials. Contractor hereby assigns to the City
all right, title, and interest, including, but not limited to, copyright and all
copyright rights, in all Materials created by Contractor in its performance under
this Agreement and/or delivered to the City hereunder and must execute any
documents necessary to effectuate such assignment. If Contractor uses any
individual who is not a full-time employee of Contractor or entity to perform any
work required of it pursuant to this Agreement, Contractor must require said
individual or entity to sign an agreement containing identical wording as the
foregoing with the exception that word “Contractor” is to be replaced with the
individual’s or entity’s name. Materials constitute all written and other tangible
expressions, including, but not limited to, drawings, documents, reports, surveys,
renderings, exhibits, models, prints, photographs, etc. All Materials furnished by
the Contractor hereunder are the property of the City. If either party terminates
this Agreement for any reason, the City has the right to receive, and Contractor
must promptly provide to the City, all drawings, documents, reports, surveys,
renderings, exhibits, models, prints, photographs, and other materials prepared
by the City for the Services. In the event of termination, and notwithstanding any
dispute regarding the amount to be paid under this Agreement, the City retains
the right to receive and use any such documents or materials.
8.5. City Indemnification. The City agrees to release, indemnify, defend and
hold Contractor, its officers, directors, shareholders, partners, employees,
agents, representatives, and sub-contractors harmless from any and all claims,
demands, actions, suits, causes of action, arbitrations, mediations, proceedings,
judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties
expenses, attorney’s fees, costs, and/or litigation expenses to or by any and all
persons or entities, including without limitation, their respective agents,
licensees, or representatives, arising from, resulting from or connected with this
Agreement to the extent solely caused by the negligent acts, errors, or omissions
of the City.
8.6. Survival. Each provision of Section 8 survives the expiration or
termination of this Agreement with respect to any event occurring prior to such
expiration or termination.
9. Insurance. Contractor must carry insurance for liability which may arise from or in
connection with the performance of the Services or work by Contractor, its agents,
representatives, employees or subcontractors for the duration of the Agreement and
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thereafter with respect to any event occurring prior to such expiration or termination
as follows:
9.1. Minimum Limits. Contractor agrees to carry as a minimum, the
following insurance, in such forms and with such carriers who have a rating that
is satisfactory to the City:
9.1.1. Commercial general liability insurance covering liability arising from
premises, operations, independent contractors, products-completed
operations, stop gap liability, personal injury, bodily injury, death, property
damage, products liability, advertising injury, and liability assumed under
an insured contract with limits no less than $1,000,000 for each occurrence
and $1,000,000 general aggregate.
9.1.2. Workers' compensation and employer's liability insurance in amounts
sufficient pursuant to the laws of the State of Washington.
9.1.3. Automobile liability insurance covering all owned, non-owned, hired and
leased vehicles with a minimum-combined-single limits in the minimum
amounts required to drive under Washington State law per accident for
bodily injury, including personal injury or death, and property damage.
9.1.4. Professional liability insurance with limits no less than $1,000,000 per
claim and $1,000,000 policy aggregate for damages sustained by reason of
or in the course of operation under this Agreement, whether occurring by
reason of acts, errors or omissions of Contractor.
9.2. No Limit of Liability. Contractor’s maintenance of insurance as
required by the agreement does not limit the liability of Contractor to the
coverage provided by such insurance, or otherwise limit the City’s recourse to
any remedy available at law or in equity. Contractor’s insurance coverage is the
primary insurance as respect the City. Any insurance, self-insurance, or
insurance pool coverage maintained by the City is in excess of Contractor’s
insurance and does not contribute with it.
9.3. Additional Insured, Verification. The City must be named as
additional insured on all commercial general liability insurance policies.
Concurrent with the execution of this Agreement, Contractor must provide
certificates of insurance for all commercial general liability policies attached
hereto as Exhibit B and incorporated by this reference. At the City's request,
Contractor must furnish the City with copies of all insurance policies and with
evidence of payment of premiums or fees of such policies. If Contractor's
insurance policies are "claims made," Contractor is required to maintain tail
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coverage for a minimum period of three years from the date this Agreement is
actually terminated or upon project completion and acceptance by the City.
9.4. Survival. Each provision of Section 9 survives the expiration or
termination of this Agreement with respect to any event occurring prior to such
expiration or termination.
10. Independent Contractor. Contractor is an independent contractor. No
employee relationship with the City and Contractor, its agents, employees,
subcontractors is implied or created through this Agreement or performance of the
Services. Contractor is responsible for the performance of any work performed by its
subcontractors and agents as if it had performed the work itself.
10.1. Control. Contractor has the ability to control and direct the performance
and details of its work and is solely responsible for the results obtained through
performance of the services. And the City is interested only in the results
obtained under this Agreement.
10.2. Benefits. The City is neither liable, nor obligated to pay Contractor,
Contractor’s employees, or Contractor’s agents sick leave, vacation pay, or
holiday pay. The City is neither liable, nor obligated to pay Contractor,
Contractor’s employees, or Contractor’s agents any social security or other tax or
any other benefit of employment which may arise as an incident of employment.
10.3. Safety. Contractor must take all necessary precautions and is responsible
for the safety of its employees, agents, and subcontractors in the performance of
the contract work and must utilize all protection necessary for that purpose. All
work is done at Contractor’s own risk, and Contractor is responsible for any loss
of or damage to materials, tools, or other articles used or held for use in
connection with the work.
10.4. Taxes. Contractor must pay all income and other taxes due except as
specifically set forth in this Agreement.
10.5. Insurance. Industrial or any other insurance that is purchased for the
benefit of the City, regardless of whether such may provide a secondary or
incidental benefit to Contractor, does not convert this Agreement into an
employment contract.
10.6. Notice. If Contractor is a sole proprietorship or if this Agreement is with
an individual, Contractor agrees to notify the City and complete any required
form if Contractor is retired under a State of Washington retirement system and
agrees to indemnify any losses the City may sustain through Contractor’s failure
to do so.
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11. Property and Confidential Information. Without the prior, written consent of
the City, Contractor may not disclose to third parties information that is not
otherwise subject to public disclosure unless: (1) The information is lawfully known
to Contractor prior to the effective date of this Agreement; (2) The information is in
the public domain prior to the time of disclosure by Contractor other than through a
breach of this Agreement or through other acts or omissions of Contractor; or (3)
The information is received by Contractor from a third party who does not have an
obligation to keep the same confidential.
12. Work Product. All work product, including records, files, documents, plans,
computer disks, magnetic media or material which may be produced or modified by
Contractor while performing services pursuant to this Agreement belongs to the City.
At the termination of this Agreement, Contractor must deliver copies of files
containing the written record of Contractor's work. Until at least 12 months
following final payment, Contractor must provide the City prompt access to (and the
City has the right to examine, audit and copy) all of Contractor's books, documents,
papers and records related to the work.
13. Conflict of Interest. The Parties recognize that Contractor may perform
professional services during the Term for other entities. Contractor agrees, however,
that it may not perform other professional services during the Term that conflict
with or interfere with Contractor’s ability to perform Services. Contractor agrees to
resolve any conflict of interest that may arise in the City’s favor. Contractor confirms
that it does not have and will not enter into a business interest or a family
relationship with any elected official or employee of the City or has already disclosed
such business interest or family relationship to City. Should such a business interest
or family relationship become evident after the Agreement is formed, contractor
must disclose that business interest or family relationship to City in a timely manner.
14. Books and Records. Contractor agrees to maintain books, records, and
documents which sufficiently and properly reflect all direct and indirect costs related
to the performance of the Services and maintain such accounting procedures and
practices as may be deemed necessary by the City to assure proper accounting of all
funds paid pursuant to this Agreement. Contractor records shall include but not be
limited to accounting records (hard copy, as well as computer readable data if it can be
made available); contracts; payroll records; subconsultant agreements; vendor
agreements; purchase orders; leases; original estimates; estimating work sheets;
correspondence; receipts; memoranda; and any other supporting evidence deemed
necessary to substantiate charges under this agreement. These records are subject, at
all reasonable times, to inspection, review or audit by the City, its authorized
representative, the State Auditor, or other governmental officials authorized by law
to monitor this Agreement.
15. Public Records Act.
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15.1. Contractor understands and agrees that the records it obtains or produces
under this Agreement are public records under chapter the Public Records Act
(42.56 RCW).
15.2. Contractor agrees to keep and maintain the records it obtains or produces
under this Agreement for 6 years after the termination of this Agreement.
15.3. Contractor must cooperate in a timely manner with the City in responding
to a public records request for records obtained or produced under this
Agreement or the services provided under this Agreement. Such cooperation
includes searching all records regarding the Services described in Section 5 and
Exhibit A of this Agreement and producing all records that are potentially
responsive to a public records request to the City.
15.4. Contractor may not charge the City for the time spent gathering and
producing records pursuant to a public records request.
15.5. Contractor agrees to pay the City for any damages, attorney’s fees, or costs
that the City incurs if Contractor fails to produce a timely, responsive record to a
public records request.
15.6. Survival. Each provision of Section 15 survives the expiration or
termination of this Agreement.
16. Equal Opportunity Employer. In all services, programs, activities, hiring, and
employment made possible by or resulting from this Agreement or any subcontract,
there must be no discrimination by Contractor or its subcontractors of any level, or
any of those entities’ employees, agents, subcontractors, or representatives against
any person because of sex, sexual orientation, age (except minimum age and
retirement provisions), race, color, religion, creed, color, national origin, marital
status, honorably discharged veteran or military status, or the presence of any
disability, including sensory, mental or physical handicaps, unless based upon a
bona fide occupational qualification in relationship to hiring and employment. This
requirement applies, but not be limited to the following: employment, advertising,
layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. Contractor must comply with and must not
violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of
1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of
1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law
or regulation regarding non-discrimination.
17. Social Equity Requirements. During the performance of this Agreement,
Contractor, for itself, its assigns and successors in interest agree as follows:
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17.1. Compliance with Regulations. Contractor must comply with the
Regulations relative to nondiscrimination in federally assisted programs of the
United States Department of Transportation (“USDOT”), Title 49, Code of
Federal Regulations, Part 21, as they may be amended from time to time.
17.2. Nondiscrimination. With regard to the work performed by Contractor,
Contractor must not discriminate on the grounds of race, color, age, sex, marital
status, sexual orientation, gender identity, creed, religion, ancestry, national
origin, honorably discharge veteran or military status, or the presence of or any
sensory, mental, or physical handicap, unless based upon a bone fide
occupational qualification, in the selection and retention of subcontractors,
including procurement of materials and leases of equipment. Contractor must
not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of Title 49 of the Federal Regulations.
17.3. Courtesy. Contractor will ensure that its respective employees,
agents, and subcontractors conduct themselves in a courteous and expeditious
manner. The use of abusive, indecent, offensive, coarse, or insulting language, or
any form of harassment is prohibited and will not be tolerated. Contractor’s
employees, agents, and subcontractors will be competent and hold appropriate
licenses and endorsements. The City may require the removal of any employee
or subcontractor of Contractor for misconduct or incompetent or negligent
performance. Such persons will not be allowed to perform services under this
Contract without the written consent of the City.
17.4. Information and Reports. Contractor must provide all information
reports required by the Regulations or directives issued pursuant thereto, and
must permit access to his books, records, counts, or other sources of information
and its facilities as may be determined by the contracting agency or the
appropriate Federal agency to be pertinent to ascertain compliance with such
Regulations, orders and instructions. Where any information required of
Contractor is in the exclusive possession of another who fails or refuses to
furnish this information, Contractor must so certify to WSDOT or the USDOT as
appropriate, and must set forth what efforts were made to obtain the
information.
17.5. Sanctions for noncompliance. In the event of the Contractor's
noncompliance with the nondiscrimination provisions of this contract, the
contracting agencies will impose such contract sanctions as it or the USDOT may
determine to be appropriate, including, but not limited to:
17.5.1. Withholding of payments to Contractor under the Agreement until
Contractor complies, and/or;
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17.5.2. Cancellation, termination, or suspension of contract, in whole or in part.
18. Venue. The venue for any legal dispute regarding this Agreement is Douglas
County Superior Court.
19. Dispute Resolution. The parties mutually intend to establish procedures to
facilitate the informal and inexpensive resolution of all disputes arising under this
Agreement, by mutual cooperation and without resort to litigation. Accordingly, all
disputes involving this transaction, or between the parties hereto with respect to the
subject matter hereof, must be resolved in a final and binding manner in accordance
with the following procedures. Whether or not mediation/arbitration is under way,
any party may have full access to the courts to compel compliance with the
provisions of this Article and to enforce or confirm an arbitration award.
19.1. Negotiation. The parties agree to first attempt to negotiate a mutually
satisfactory resolution to the dispute as follows:
19.1.1. The complaining party must notify (in the manner required in this
Agreement) the other parties of the alleged dispute, controversy, claim or
breach of contract (hereinafter “Dispute’) by explaining in writing the nature
of the Dispute, and referring to the relevant paragraphs of this Agreement
upon which it bases its position regarding the Dispute. The complaining
party must also set forth in such notice a proposed solution to the Dispute;
19.1.2. The parties receiving such notice must respond by notice individually to
the complaining party within twenty days of the effective date of the
complaining party’s notice, with an explanation of its defensive position, if
any, including references to the relevant paragraphs of the Agreement and a
response to the proposed solution; and
19.1.3. Within twenty days following notice of this defensive response, the parties
must meet and discuss options for resolving the Dispute; the complaining
party must initiate the scheduling of this resolution meeting. In the event a
party fails to cooperate in scheduling the resolution meeting, then the
complaining party may elect to skip the negotiation and mediation
procedures and immediately proceed with arbitration.
19.1.4. Mediation. If the parties are unable to satisfactorily resolve the Dispute
through such negotiation, mediation must be held within thirty days of an
unsuccessful resolution meeting. The mediation will be governed by and
under the then-applicable rules of JAMS/Endispute (“JAMS”) in Chelan
County. The complaining party must contact JAMS to schedule the
mediation. The parties may agree on a mediator from the JAMS panel. If
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they are unable to agree, the parties will request JAMS to designate a
mediator for the Parties.
20. General Provisions.
20.1. Interpretation and Modification. This Agreement, together with any
attached Exhibits, contains all of the agreements of the Parties with respect to
any matter covered or mentioned in this Agreement. No prior statements or
agreements, whether oral or written, are effective for any purpose. Should any
language in any Exhibits to this Agreement conflict with any language in this
Agreement, the terms of this Agreement prevail. The respective captions
contained in this Agreement are inserted for convenience of reference only and
do not modify or otherwise affect any of the provisions of this Agreement. If a
provision of this Agreement is declared invalid, inoperative, null and void, or
illegal, all other provisions of this Agreement remain in full force and effect. Any
act done by either Party prior to the effective date of the Agreement that is
known by the other party and is consistent with the authority of the Agreement
and compliant with the terms of the Agreement, is hereby ratified as having been
performed under the Agreement. Neither party may amend, waive, or modify a
provision of this Agreement, except by written agreement signed by duly
authorized representatives of the Parties.
20.2. Assignment and Beneficiaries. Neither Contractor nor the City has
the right to transfer or assign, in whole or in part, any or all of its obligations and
rights hereunder without the prior written consent of the other Party. If the non-
assigning party gives its consent to any assignment, the terms of this Agreement
continue in full force and effect and no further assignment may be made without
additional written consent. Subject to the foregoing, the rights and obligations of
the Parties inure to the benefit of and be binding upon their respective
successors in interest, heirs and assigns. This Agreement is made and entered
into for the sole protection and benefit of the Parties hereto. No other person or
entity has any right of action or interest in this Agreement based on any
provision set forth herein.
20.3. Compliance with Laws. Contractor must comply with and perform the
Services in accordance with all applicable federal, state, local, and city laws
including, without limitation, all City codes, ordinances, resolutions, regulations,
rules, standards and policies, as now existing or hereafter amended, adopted, or
made effective.
20.4. Enforcement. Time is of the essence of this Agreement and each and all
of its provisions in which performance is a factor. Adherence to completion dates
set forth in Exhibit A is essential to Contractor's performance of this
Agreement. Any notices required to be given by the Parties must be delivered at
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the addresses set forth at the beginning of this Agreement. Any notices must be
deposited in the United States mail, postage prepaid, to the address set forth
above and must be emailed to the address set forth above. Any notice so posted
in the United States mail is deemed received three days after the date of mailing.
Any remedies provided for under the terms of this Agreement are not intended
to be exclusive but are cumulative with all other remedies available to the City at
law, in equity or by statute. The failure of the City to insist upon strict
performance of any of the covenants and agreements contained in this
Agreement, or to exercise any option conferred by this Agreement in one or more
instances is not a waiver or relinquishment of those covenants, agreements or
options, and the same remain in full force and effect. Failure or delay of the City
to declare any breach or default immediately upon occurrence does not waive
such breach or default. Failure of the City to declare one breach or default does
not act as a waiver of the City's right to declare another breach or default.
20.5. No Gifts and Gratuities. Contractor may not offer, nor may a City
employee or official accept gifts, gratuities, loans, trips, favors, special discounts,
work, or anything of economic value in conjunction with the City business
practices. Contractor and City employees and City officials must strictly adhere
to the statutes and ordinances for ethics 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). This is applicable to any
business practice, whether a contract condition, bid practice, or at any activity
related to the City business.
20.6. Personal Liability. The parties agree that no official, officer, employee,
or agent of the City is in any way liable or responsible for any covenant or
Contract herein contained whether express or implied, nor for any statement of
representation made herein or in any connection with this Contract.
20.7. Attorney’s Fees. If either Party brings any claim or lawsuit arising from
this Agreement, each Party must pay all its legal costs and attorney's fees and
expenses incurred in defending or bringing such claim or lawsuit, including all
appeals, in addition to any other recovery or award provided by law; provided,
however, nothing in this paragraph limits the Parties’ rights to indemnification
under Section 8 of this Agreement.
20.8. Execution. Each individual executing this Agreement on behalf of the
City and Contractor represents and warrants that such individual is duly
authorized to execute and deliver this Agreement. This Agreement may be
executed in any number of counterparts, each of which will be deemed an
original and with the same effect as if all Parties hereto had signed the same
document. All such counterparts will be construed together and constitute one
instrument, but in making proof hereof it is only be necessary to produce one
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such counterpart. The signature and acknowledgment pages from such
counterparts may be assembled together to form a single instrument comprised
of all pages of this Agreement and a complete set of all signature and
acknowledgment pages. The date upon which the last of all of the Parties have
executed a counterpart of this Agreement is the “date of mutual execution”
hereof.
20.9. Survivability. The obligation of Contractor under all provisions of this
Agreement, which may reasonably be interpreted or construed as surviving the
completion, termination, or cancellation of this Contract, survives the
completion, termination, or cancellation of this Contract.
City of East Wenatchee
Signature:
____________________________
Mayor Jerrilea Crawford
Date:________________________
ATTEST:
____________________________
City Clerk Maria Holman
Anchor QEA, LLP
Signature:
____________________________
Date:________________________________
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Scope of Work February 8, 2021
City of East Wenatchee Shoreline Master Program Periodic Review
City of East Wenatchee Department of Community Development
1.Project Understanding
The City of East Wenatchee (City) will be required to conduct a periodic review of the City’s 2009
Shoreline Master Program (SMP) to ensure consistency with requirements of the Shoreline
Management Act (SMA), Revised Code of Washington (RCW) 90.58, and its implementing rules,
Washington Administrative Code (WAC) 173-26, including the SMP Guidelines (Guidelines).
To ensure that shoreline programs remain in compliance with state shoreline laws and guidelines
over time, the SMA, RCW 90.58, requires local governments to review their shoreline programs
“periodically,” every 8 years. According to directives in RCW 90.58.080, the City must review and, if
the review determines changes are necessary, revise City’s SMP no later than June 30, 2021 (and
every 8 years thereafter).
The City is required to review and revise their SMP if necessary to:
•Comply with legislative changes to the SMA
•Assure consistency with changes to rules/guidelines adopted by the Washington State
Department of Ecology (Ecology)
•Review amendments to the City’s Comprehensive Plan and development regulations for
consistency with the SMP
•Reflect changed circumstances, new information, and/or improved data
It is our understanding that the City would also like to ensure that periodic review consider:
•Review of the SMP’s critical areas regulations (SMP Appendix B) for consistency with the City’s
recent Critical Areas Ordinance (CAO)
The City intends to gain state and local approval of these SMP amendments under the provisions of
WAC 173-26-104 that provide for an optional joint review process for the local and state public
comment processes required by RCW 90.58.090. Recognizing that the optional joint review process
requires close coordination in conducting a joint public review, early and continuous consultation
with Ecology is required.
Exhibit A
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February 8, 2021
City of East Wenatchee Shoreline Master Program Periodic Review
Page 2
2. Scope of Services and Deliverables
Task 1: Review SMP
Anchor QEA will conduct a review of the SMP to determine what revisions are needed to maintain
compliance with the SMA, local and state code, and the City’s Comprehensive Plan and development
regulations. We will conduct analysis necessary to address changed circumstances, new information,
or improved data.
Subtask 1.1: Periodic Review Checklist
Anchor QEA will review amendments to chapter 90.58 RCW and Ecology rules that have occurred
since the City’s SMP was adopted in 2009 and determine if local amendments are needed to
maintain compliance. Ecology will provide a checklist of legislative and rule amendments to assist
local governments with this review.
Subtask 1.2: GMA Consistency Review
Anchor QEA will review changes to the City’s Comprehensive Plan and development regulations to
determine if the SMP policies and regulations remain consistent with them.
Anchor QEA will review the City’s recent 2018 CAO Update and identify necessary revisions to the
SMP’s critical areas regulations (SMP Appendix B) to maintain consistency the updated CAO and the
SMA.
Anchor QEA will document the consistency analysis to support proposed changes to the SMP or
Findings of Adequacy.
Subtask 1.3: Additional Analysis (if necessary)
Anchor QEA will conduct additional analysis deemed necessary to address changing local
circumstances, new information or improved data, including review of any new areas incorporated
within the City’s shoreline jurisdiction areas as a result of UGA annexations and identify necessary
revisions, amendments to address these changes or new information. Anchor QEA will review
Douglas County’s SMP materials as needed to address annexed shoreline areas.
Deliverables
The following deliverables will be submitted electronically in draft form for review and comment by
City staff. Final versions, incorporating City staff’s edits and resolved comments will be submitted
electronically.
• Draft and final Periodic Review Checklist (2.1)
• Draft and final GMA consistency summary (2.2)
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City of East Wenatchee Shoreline Master Program Periodic Review
Page 3
Task 2: Prepare Draft SMP Amendments
Anchor QEA will prepare draft revised SMP goals, policies and regulations, or prepare Findings of
Adequacy if the review conducted under Task 2 concludes no changes are necessary. Anchor QEA
will prepare amended goals and policies or regulations as needed and as identified through the
review process and use the Periodic Review Checklist (Task 1.1) to identify where in the SMP changes
are made to address applicable statutory or regulatory changes.
Deliverables
The following deliverables will be submitted electronically in draft form for review and comment by
City staff. Final versions, incorporating City staff’s edits and resolved comments will be submitted
electronically.
• Draft and final redline strikeout of the City’s 2009 SMP
• Draft and final Findings of Adequacy (if no amendments are necessary)
3. Assumptions
• The City’s Periodic Review will be processed under the provisions of WAC 173-26-104 that
provides for an optional joint review process for the local and state public comment processes
required by RCW 90.58.090.
• The City shall notify the Department of Commerce of its intent to adopt any new or revised
shoreline policies or regulations, pursuant to RCW 36.70A.106.
• The City shall be responsible for preparing public notices and publishing public notices in the
newspaper of record and on the City’s website, where documents will be posted for review.
• The City will produce any hardcopy materials for inspection by the public.
• Electronic submittals will be made in Microsoft Word and/or Adobe PDF format.
• Revisions and comments on draft documents from City staff will be consolidated into a single
consistent set for incorporation into final documents.
• The Periodic Review will not require a reevaluation of the build out analysis, inventory and
analysis, or restoration plans.
• The City is not intending to incorporate additional locally initiated amendments as a part of
the Periodic Review process.
• Travel for public meetings, workshop, and hearings are anticipated to be scheduled in
coordination with other meetings in the area for reduced travel costs as much as possible.
• If the city elects to include locally initiated amendments as part of the periodic update process
that work would not be covered in this scope, schedule or budget.
• The city will be responsible for any fees from newspapers or other media outlets used for
public outreach or public notices.
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February 8, 2021
City of East Wenatchee Shoreline Master Program Periodic Review
Page 4
• This scope and budget do not include: creation and maintenance of a public website for the
project; public participation planning and execution; coordination of state and local adoption;
or preparation of a SEPA checklist.
4. Budget and Schedule Estimate
The estimated fee for this project is based on time and materials to a maximum; unused budget will
not be invoiced. The estimated schedule for this project is anticipated to be completed within 8 5
months of project kick-off.
No. Task Description
Estimated
Budget
Estimated
Time
2 Review SMP
2.1: Periodic Review Checklist
$9,000 1 month 2.2: GMA Consistency Review
2.3: Additional Analysis (if
necessary)
3 Prepare Draft
Prepare Draft SMP
Amendments and SEPA
Checklist or Findings of
Adequacy
$5,000 1 month
Totals 14,000 2 months
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Exhibit B
Certificate of Coverage
Commercial General Liability Insurance Policy
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From:Trautmann, Cara
Subject:Spectrum Pacific West, LLC ("SPECTRUM") Programming Update 01.08.2021
Date:Monday, February 8, 2021 12:35:37 PM
Attachments:image002.png
Spectrum Pacific West, LLC (“Spectrum”), locally known as Spectrum, is noticing its customers that
on or around March 1, 2021, WGN America located on Spectrum Channel 74 SD & 778 HD will be
rebranded to NewsNation on the channel lineup serving your community.
To view a current Spectrum channel lineup visit www.spectrum.com/channels.
If you have any questions about this change, please feel free to contact me at 360.936.0522 or via
email at stafford.strong@charter.com.
Sincerely,
Stafford Strong | Senior Manager, State Government Affairs - Washington | C: 360-936-0522
222 NE Park Plaza Drive, #231| Vancouver, WA 98684
E-MAIL CONFIDENTIALITY NOTICE: The contents of this e-mail message and any attachments are
intended solely for the addressee(s) and may contain confidential and/or legally privileged
information. If you are not the intended recipient of this message or if this message has been
addressed to you in error, please immediately alert the sender by reply e-mail and then delete this
message and any attachments. If you are not the intended recipient, you are notified that any use,
dissemination, distribution, copying, or storage of this message or any attachment is strictly
prohibited.
The contents of this e-mail message and
any attachments are intended solely for the
addressee(s) and may contain confidential
and/or legally privileged information. If you
are not the intended recipient of this message
or if this message has been addressed to you
in error, please immediately alert the sender
by reply e-mail and then delete this message
and any attachments. If you are not the
intended recipient, you are notified that
2/16/2021 City Council Agenda Packet
Page 185 of 188
any use, dissemination, distribution, copying,
or storage of this message or any attachment
is strictly prohibited.
2/16/2021 City Council Agenda Packet
Page 186 of 188
From:Trautmann, Cara
Subject:Spectrum Pacific West, LLC ("SPECTRUM") Programming Update 1.28.2021
Date:Thursday, January 28, 2021 2:07:17 PM
Attachments:image002.png
This letter will serve as notice that on or around March 1, 2021, Spectrum Pacific West, LLC
(“Spectrum”), will launch NFL Network on channels 15, 408 SD and 807 HD and Tennis Channel on
channels 421 SD and 810 HD on SPP Stream New Sports & More tier of service on the channel line-
up serving your community.
To view a current Spectrum channel lineup visit www.spectrum.com/channels.
If you have any questions about this change, please feel free to contact me at 360.936.0522 or via
email at stafford.strong@charter.com.
Sincerely,
Stafford Strong | Senior Manager, State Government Affairs - Washington | C: 360-936-0522
222 NE Park Plaza Drive, #231| Vancouver, WA 98684
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The contents of this e-mail message and
any attachments are intended solely for the
addressee(s) and may contain confidential
and/or legally privileged information. If you
are not the intended recipient of this message
or if this message has been addressed to you
in error, please immediately alert the sender
by reply e-mail and then delete this message
and any attachments. If you are not the
intended recipient, you are notified that
2/16/2021 City Council Agenda Packet
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2/16/2021 City Council Agenda Packet
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