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HomeMy WebLinkAbout5/4/2021 - 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.) 5/4/2021 Council Meeting Agenda Page 1 of 3 East Wenatchee City Council Meeting Tuesday, May 4, 2021 East Wenatchee City Hall 271 9th Street NE East Wenatchee, WA 98802 This meeting will be in person or via zoom: https://us02web.zoom.us/j/88510365912 Phone-in option for the meeting: 253 215 8782, Meeting ID: 885 1036 5912 AGENDA 5:30 p.m. Executive Session Executive Session to consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price. 6:00 p.m. Regular Meeting Call to Order, Roll Call and Pledge of Allegiance. 1.Consent Items: a.Events Department, CSG Forte Payments, Inc. “Forte” Credit Card Payment Agreement. Pg. 4 Vouchers: b.Date: 5/4/2021, Checks: 55040 - 55041, 55046 - 55104, in the amount of $395,502.19. Pg. 23 Minutes: c.4/15/2021 Council Workshop Meeting Minutes. Pg. 52 d.4/20/2021 Council Meeting Minutes. Pg. 55 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. a.Wenatchee Valley Chamber of Commerce Annual Report – Jerri Barkley, Marketing Director. 5/4/2021 City Council Agenda Packet Page 1 of 174 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.) 5/4/2021 Council Meeting Agenda Page 2 of 3 4. Department Report. a. Community Development Annual Report – Lori Barnett, Community Development Director. Pg. 59 5. Mayor’s Report. a. National Public Works Week Proclamation 2021. Pg. 62 6. Action Items. a. First reading of Ordinance 2021-10, incorporating by reference sections of the Revised Code of Washington pertaining to criminal offense by amending Chapter 9.14 of the East Wenatchee Municipal Code – Devin Poulson, City Attorney. Pg. 63 Request to suspend second reading. Motion by City Council to adopt Ordinance 2021-10, amending statutes by reference as presented and make the City of East Wenatchee Municipal Code consistent with state law. b. First reading of Ordinance 2021-11, amending the Greater East Wenatchee Area Comprehensive Plan (GEWA Plan) Land Use Map to change the land use designation of certain property located at 2130 Grant Road, Douglas County Assessor’s Parcel No. 22211810007, from Residential Medium Density to Light Commercial, containing a severability clause, and establishing an effect date as part of the 2020 Annual Amendment Process – Lori Barnett, Community Development Director. Pg. 118 Request to suspend second reading. Motion by City Council to adopt Ordinance 2021-11, approving the proposed amendments as presented. c. Resolution 2021-08, affirming completion of all phases of the 2020 Annual Review and Amendment Process for the Greater East Wenatchee Area Comprehensive Plan, through the adoption of Ordinance Nos. 2021-08 and 2021-11, in compliance with the provisions of RCW 36.70A.130 – Lori Barnett, Community Development Director. Pg. 157 Motion by City Council to approve Resolution 2021-08 as presented. d. Temporary Right of Way Use Agreement between the City of East Wenatchee and Hurst Construction, LLC for purpose of staging construction materials necessary to complete Douglas County Sewer District’s Kentucky View Lift Station Phase 2 Project – Tom Wachholder, Project Development Manager. Pg. 162 Motion by City Council to authorize Mayor Crawford to execute the proposed Temporary Right of Way Use Agreement between the City of East Wenatchee and Hurst Construction, LLC. 5/4/2021 City Council Agenda Packet Page 2 of 174 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.) 5/4/2021 Council Meeting Agenda Page 3 of 3 e. Stormwater Comprehensive Plan Update – Contract Amendment with RH2 Engineering – Garren Melton, Natural Resource Specialist. Pg. 167 Motion by City Council to authorize the Mayor to sign proposed Contract Amendment No. 1 with RH2 Engineering. 7. Council Reports & Announcements. a. Reports/New Business of Council Committees 8. Adjournment. 5/4/2021 City Council Agenda Packet Page 3 of 174 5/4/2021 City Council Agenda Packet Page 4 of 174 5/4/2021 City Council Agenda Packet Page 5 of 174 5/4/2021 City Council Agenda Packet Page 6 of 174 5/4/2021 City Council Agenda Packet Page 7 of 174 5/4/2021 City Council Agenda Packet Page 8 of 174 5/4/2021 City Council Agenda Packet Page 9 of 174 5/4/2021 City Council Agenda Packet Page 10 of 174 5/4/2021 City Council Agenda Packet Page 11 of 174 5/4/2021 City Council Agenda Packet Page 12 of 174 5/4/2021 City Council Agenda Packet Page 13 of 174 5/4/2021 City Council Agenda Packet Page 14 of 174 5/4/2021 City Council Agenda Packet Page 15 of 174 5/4/2021 City Council Agenda Packet Page 16 of 174 5/4/2021 City Council Agenda Packet Page 17 of 174 5/4/2021 City Council Agenda Packet Page 18 of 174 5/4/2021 City Council Agenda Packet Page 19 of 174 5/4/2021 City Council Agenda Packet Page 20 of 174 5/4/2021 City Council Agenda Packet Page 21 of 174 5/4/2021 City Council Agenda Packet Page 22 of 174 CHECKS: 55040 - 55041, 55046 - 55104 VOIDED CHECKS: None DEPARTMENT/FUND AMOUNT General Fund 001 $93,417.33 Street Fund 101 $86,688.74 Community Dev Grants Funds 102 $3,735.07 Transportation Benefit District Fund 105 $0.00 Debt Reserve Fund 110 $0.00 Library Fund 112 $92.89 Hotel/Motel Tax Fund 113 $5,062.00 Drug Fund 114 $0.00 Criminal Justice Fund 116 $0.00 Events Board Fund 117 $754.22 Bond Redemption Fund 202 $0.00 Street Improvements Fund 301 $27,697.23 Storm Water Improvements 308 $0.00 Capital Improvements Fund 314 $0.00 Stormwater Fund 401 $177,735.30 Equipment R&R Fund 501 $319.41 Cafeteria Plan 634 $0.00 Grand Total All Funds $395,502.19 CITY OF EAST WENATCHEE CHECK REGISTER May 4, 2021 PAYABLES 5/4/2021 City Council Agenda Packet Page 23 of 174 Fund Number Description Amount 001 General Fund $93,417.33 101 Street Fund $86,688.74 102 Community Development Grants Fund $3,735.07 112 Library Fund $92.89 113 Hotel/Motel Tax Fund $5,062.00 117 Events Board Fund $754.22 301 Street Improvements Fund $27,697.23 401 Stormwater Fund $177,735.30 501 Equipment Purchase, Repair & Replacement Fund $319.41 Count: 9 $395,502.19 Fund Transaction Summary Transaction Type: Invoice Fiscal: 2021 - May 2021 - May 2021 1st Council Printed by EASTWENATCHEE\jdelay on 4/28/2021 8:32:19 AM Page 1 of 1 East Wenatchee - Fund Transaction Summary 5/4/2021 City Council Agenda Packet Page 24 of 174 Vendor Number Reference Account Number Description Amount 911 Supply Inc 55057 2021 - May 2021 - May 2021 1st Council INV-2-10099 Police/Uniform Supplies 001-000-210-521-10-35-00 Small Tools & Equipment $1,251.11 Total INV-2-10099 $1,251.11 INV-2-10100 Police/Uniform Supplies 001-000-210-521-10-35-00 Small Tools & Equipment $59.66 Total INV-2-10100 $59.66 INV-2-10117 Police/Uniform Supplies 001-000-210-521-10-35-00 Small Tools & Equipment $1,586.17 Total INV-2-10117 $1,586.17 INV-2-10130 Police/Uniform Supplies 001-000-210-521-10-35-00 Small Tools & Equipment $97.73 Total INV-2-10130 $97.73 INV-2-10147 Police/Uniform Supplies 001-000-210-521-10-35-00 Small Tools & Equipment $584.13 Total INV-2-10147 $584.13 INV-2-15912 Police/Uniform Supplies 001-000-210-521-10-35-00 Small Tools & Equipment $1,188.08 Total INV-2-15912 $1,188.08 INV-2-15919 Police/Conley Clothing Allowance 2021 001-000-210-521-10-20-01 Clothing Allowance $220.20 Total INV-2-15919 $220.20 Total 55057 $4,987.08 Total 911 Supply Inc $4,987.08 A WorkSAFE Service, Inc. 55058 2021 - May 2021 - May 2021 1st Council 303598 Street/Police-Background Checks 001-000-210-521-10-41-00 Professional Services $55.00 Voucher Directory Fiscal: : 2021 - May 2021 Council Date: : All Printed by EASTWENATCHEE\jdelay on 4/28/2021 8:34:03 AM Page 1 of 27 East Wenatchee - Voucher Directory 5/4/2021 City Council Agenda Packet Page 25 of 174 Vendor Number Reference Account Number Description Amount 101-000-420-542-63-47-00 Utilities - Street Lighting $55.00 Total 303598 $110.00 Total 55058 $110.00 Total A WorkSAFE Service, Inc.$110.00 Alan J. Key dba: CWPI LLC. 55040 2021 - May 2021 - May 2021 1st Council Invoice - 4/15/2021 1:34:59 PM Police/Polygraph 001-000-210-521-10-41-00 Professional Services $547.00 Total Invoice - 4/15/2021 1:34:59 PM $547.00 Total 55040 $547.00 Total Alan J. Key dba: CWPI LLC.$547.00 Andrea M Sharp 55059 2021 - May 2021 - May 2021 1st Council Invoice - 4/22/2021 12:27:01 PM Police/2021 Clothing Allowance 001-000-210-521-10-20-01 Clothing Allowance $253.81 Total Invoice - 4/22/2021 12:27:01 PM $253.81 Total 55059 $253.81 Total Andrea M Sharp $253.81 Aps Inc 55060 2021 - May 2021 - May 2021 1st Council 79922 Postage Machine Annual Maintenance 001-000-141-514-20-31-01 Office Machine Costs $860.19 Total 79922 $860.19 Total 55060 $860.19 Total Aps Inc $860.19 Aramark Uniform & Career Apparel dba: Western First Aid 55061 2021 - May 2021 - May 2021 1st Council GEG3-000762 Street/First Aid Medical Cabinet 001-000-180-518-30-41-00 Professional Services $104.64 Total GEG3-000762 $104.64 Printed by EASTWENATCHEE\jdelay on 4/28/2021 8:34:03 AM Page 2 of 27 East Wenatchee - Voucher Directory 5/4/2021 City Council Agenda Packet Page 26 of 174 Vendor Number Reference Account Number Description Amount GEG3-000763 Police/First Aid Medical Cabinet 001-000-210-521-10-49-00 Miscellaneous $126.16 Total GEG3-000763 $126.16 Total 55061 $230.80 Total Aramark Uniform & Career Apparel dba: Western First Aid $230.80 AT&T Mobility 55062 2021 - May 2021 - May 2021 1st Council 287293799226X04132021 Police/Mobile Communications 001-000-210-521-10-42-01 Telephone $1,819.05 Total 287293799226X04132021 $1,819.05 Total 55062 $1,819.05 Total AT&T Mobility $1,819.05 Axon Enterprises, Inc. 55063 2021 - May 2021 - May 2021 1st Council SI-1731283 Police/Annual License Fees 001-000-145-514-20-40-35 Annual License Fee - Evidence.com $11,531.36 Total SI-1731283 $11,531.36 Total 55063 $11,531.36 Total Axon Enterprises, Inc.$11,531.36 Baker Psychological Services, PLLC 55064 2021 - May 2021 - May 2021 1st Council 104 Police/New Hire Psych Eval 001-000-210-521-10-41-00 Professional Services $600.00 Total 104 $600.00 Total 55064 $600.00 Total Baker Psychological Services, PLLC $600.00 Banner Bank Mastercard 55052 2021 - May 2021 - May 2021 1st Council Invoice - 4/22/2021 10:50:39 AM Wellness 001-000-001-518-91-30-00 Wellness $9.74 Total Invoice - 4/22/2021 10:50:39 AM $9.74 Invoice - 4/22/2021 10:50:57 AM Wellness 001-000-001-518-91-30-00 Wellness $9.74 Total Invoice - 4/22/2021 10:50:57 AM $9.74 Printed by EASTWENATCHEE\jdelay on 4/28/2021 8:34:03 AM Page 3 of 27 East Wenatchee - Voucher Directory 5/4/2021 City Council Agenda Packet Page 27 of 174 Vendor Number Reference Account Number Description Amount Invoice - 4/22/2021 10:51:08 AM Events/Canva 117-000-100-557-30-41-00 Professional Services $12.95 Total Invoice - 4/22/2021 10:51:08 AM $12.95 Invoice - 4/22/2021 10:51:37 AM IT/Adobe 001-000-145-594-14-60-20 Capital - PC Software Admin $178.63 Total Invoice - 4/22/2021 10:51:37 AM $178.63 Invoice - 4/22/2021 10:52:02 AM IT/Credit 001-000-145-594-14-60-20 Capital - PC Software Admin ($18.40) Total Invoice - 4/22/2021 10:52:02 AM ($18.40) Invoice - 4/22/2021 10:52:27 AM IT/Computer Software 001-000-145-594-14-60-20 Capital - PC Software Admin $541.50 Total Invoice - 4/22/2021 10:52:27 AM $541.50 Invoice - 4/22/2021 10:52:51 AM Credit 001-000-140-514-20-31-00 Office Supplies ($55.22) Total Invoice - 4/22/2021 10:52:51 AM ($55.22) Total 55052 $678.94 Total Banner Bank Mastercard $678.94 Cdw Government, Inc 55065 2021 - May 2021 - May 2021 1st Council 9281885 IT/Computer Software Supplies 001-000-145-594-14-60-25 Capital - PC Hardware Admin $143.67 Total 9281885 $143.67 9688142 IT/Computer Software Supplies 001-000-145-594-14-60-25 Capital - PC Hardware Admin $76.42 Total 9688142 $76.42 Total 55065 $220.09 Total Cdw Government, Inc $220.09 Chelan County Treasurer 55066 2021 - May 2021 - May 2021 1st Council 010085-02066 Jan-Mar 2021/Housing of Inmates Pre-Cort Bed Days 001-000-230-527-60-30-00 Juvenile Detention $1,920.00 Total 010085-02066 $1,920.00 Printed by EASTWENATCHEE\jdelay on 4/28/2021 8:34:03 AM Page 4 of 27 East Wenatchee - Voucher Directory 5/4/2021 City Council Agenda Packet Page 28 of 174 Vendor Number Reference Account Number Description Amount 150001-01486 February Medical Billing for Inmates 001-000-230-523-60-20-00 Medical Care - Prisoners $6.44 Total 150001-01486 $6.44 Total 55066 $1,926.44 Total Chelan County Treasurer $1,926.44 Ci Support LLC, dba: Ci Information Management 55067 2021 - May 2021 - May 2021 1st Council 0111482 Court/Onsite Destruction 001-000-120-594-12-60-00 Capital Outlay $28.12 Total 0111482 $28.12 0113002 Court/Onsite Destruction 001-000-120-594-12-60-00 Capital Outlay $28.12 Total 0113002 $28.12 Total 55067 $56.24 Total Ci Support LLC, dba: Ci Information Management $56.24 City of Wenatchee 55068 2021 - May 2021 - May 2021 1st Council Invoice - 4/22/2021 1:32:57 PM Police/Celebrite Licensing 001-000-145-514-20-40-20 Annual License - Spillman, NetMotion & Ragnasoft $777.58 Total Invoice - 4/22/2021 1:32:57 PM $777.58 Total 55068 $777.58 Total City of Wenatchee $777.58 Compunet, Inc 55069 2021 - May 2021 - May 2021 1st Council 169013 IT/Computer Software Supplies 001-000-145-594-14-60-20 Capital - PC Software Admin $1,531.85 Total 169013 $1,531.85 Total 55069 $1,531.85 Total Compunet, Inc $1,531.85 Douglas CO Sewer District 55047 2021 - May 2021 - May 2021 1st Council Invoice - 4/19/2021 3:00:13 PM Utilities 001-000-180-518-30-47-00 Utilities $86.00 Total Invoice - 4/19/2021 3:00:13 PM $86.00 Printed by EASTWENATCHEE\jdelay on 4/28/2021 8:34:03 AM Page 5 of 27 East Wenatchee - Voucher Directory 5/4/2021 City Council Agenda Packet Page 29 of 174 Vendor Number Reference Account Number Description Amount Invoice - 4/19/2021 3:02:38 PM Utilities 001-000-180-518-30-47-00 Utilities $200.49 112-000-000-572-50-47-00 Facilities - Utilities $38.31 Total Invoice - 4/19/2021 3:02:38 PM $238.80 Invoice - 4/19/2021 3:03:04 PM Utilities 001-000-180-518-30-47-00 Utilities $86.00 Total Invoice - 4/19/2021 3:03:04 PM $86.00 Total 55047 $410.80 Total Douglas CO Sewer District $410.80 Douglas County TLS Attn: Phil Young 55051 2021 - May 2021 - May 2021 1st Council Invoice - 4/22/2021 9:13:28 AM Stormwater Utility 401-000-013-531-00-40-08 Payment to Douglas Co. for PWTFL $75,400.79 Total Invoice - 4/22/2021 9:13:28 AM $75,400.79 Total 55051 $75,400.79 Total Douglas County TLS Attn: Phil Young $75,400.79 Douglas County Treasurer 55046 2021 - May 2021 - May 2021 1st Council Invoice - 4/19/2021 2:19:08 PM Stormwater Utility/April 2021 401-000-000-582-30-00-00 Non-Fiduciary Remittance $135.00 Total Invoice - 4/19/2021 2:19:08 PM $135.00 Total 55046 $135.00 55050 2021 - May 2021 - May 2021 1st Council Invoice - 4/22/2021 9:11:11 AM Stormwater Utility 401-000-000-582-30-00-00 Non-Fiduciary Remittance $405.00 Total Invoice - 4/22/2021 9:11:11 AM $405.00 Total 55050 $405.00 55071 2021 - May 2021 - May 2021 1st Council 445 Stormwater Utility 401-000-001-531-00-40-01 Fee Collection - Douglas Co.$7,233.84 Total 445 $7,233.84 Total 55071 $7,233.84 Total Douglas County Treasurer $7,773.84 Printed by EASTWENATCHEE\jdelay on 4/28/2021 8:34:03 AM Page 6 of 27 East Wenatchee - Voucher Directory 5/4/2021 City Council Agenda Packet Page 30 of 174 Vendor Number Reference Account Number Description Amount Douglas County Treasurer 55070 2021 - May 2021 - May 2021 1st Council 03700000003-2021 2021 Irrigation Fees 101-000-315-531-00-40-00 Annual SWU Charge $82,170.00 401-000-001-531-00-40-02 Insurance $82,170.00 Total 03700000003-2021 $164,340.00 03700001904-2021 2021 Irrigation Fees 001-000-001-531-00-40-00 Annual SWU Charge $22.50 401-000-001-531-00-40-02 Insurance $22.50 Total 03700001904-2021 $45.00 03700001905-2021 2021 Irrigation Fees 001-000-001-531-00-40-00 Annual SWU Charge $22.50 401-000-001-531-00-40-02 Insurance $22.50 Total 03700001905-2021 $45.00 03700001911-2021 2021 Irrigation Fees 001-000-001-531-00-40-00 Annual SWU Charge $22.50 401-000-001-531-00-40-02 Insurance $22.50 Total 03700001911-2021 $45.00 03700001926-2021 2021 Irrigation Fees 001-000-001-531-00-40-00 Annual SWU Charge $22.50 401-000-001-531-00-40-02 Insurance $22.50 Total 03700001926-2021 $45.00 03700001926-2021A 2021 Irrigation Fees 001-000-001-531-00-40-00 Annual SWU Charge $22.50 Total 03700001926-2021A $22.50 03700001927-2021 2021 Irrigation Fees 001-000-001-531-00-40-00 Annual SWU Charge $22.50 401-000-001-531-00-40-02 Insurance $22.50 Total 03700001927-2021 $45.00 03700002003-2021 2021 Irrigation Fees 001-000-180-518-30-47-00 Utilities $120.00 Total 03700002003-2021 $120.00 03700002003-2021A 2021 Irrigation Fees 001-000-001-531-00-40-00 Annual SWU Charge $112.50 401-000-001-531-00-40-02 Insurance $112.50 Total 03700002003-2021A $225.00 Printed by EASTWENATCHEE\jdelay on 4/28/2021 8:34:03 AM Page 7 of 27 East Wenatchee - Voucher Directory 5/4/2021 City Council Agenda Packet Page 31 of 174 Vendor Number Reference Account Number Description Amount 0370000216-2021 2021 Irrigation Fees 101-000-315-531-00-40-00 Annual SWU Charge $22.50 401-000-001-531-00-40-02 Insurance $22.50 Total 0370000216-2021 $45.00 03700002216-2021 2021 Irrigation Fees 101-000-420-542-70-47-00 Utilities - Roadside $120.00 Total 03700002216-2021 $120.00 03800000408-2021 2021 Irrigation Fees 001-000-001-531-00-40-00 Annual SWU Charge $22.50 401-000-001-531-00-40-02 Insurance $22.50 Total 03800000408-2021 $45.00 03800000408-2021A 2021 Irrigation Fees 001-000-180-518-30-47-00 Utilities $120.00 Total 03800000408-2021A $120.00 03800001102-2021 2021 Irrigation Fees 001-000-001-531-00-40-00 Annual SWU Charge $1,080.00 401-000-001-531-00-40-02 Insurance $1,080.00 Total 03800001102-2021 $2,160.00 03800001102-2021A 2021 Irrigation Fees 001-000-180-518-30-47-00 Utilities $608.40 Total 03800001102-2021A $608.40 03800001109-2021 2021 Irrigation Fees 101-000-420-542-70-47-00 Utilities - Roadside $135.00 Total 03800001109-2021 $135.00 03800001202-2021 2021 Irrigation Fees 001-000-001-531-00-40-00 Annual SWU Charge $112.50 401-000-001-531-00-40-02 Insurance $112.50 Total 03800001202-2021 $225.00 03800001202-2021A 2021 Irrigation Fees 001-000-180-518-30-47-00 Utilities $162.00 Total 03800001202-2021A $162.00 03800001203-2021 2021 Irrigation Fees 001-000-180-518-30-47-00 Utilities $120.00 Total 03800001203-2021 $120.00 Printed by EASTWENATCHEE\jdelay on 4/28/2021 8:34:03 AM Page 8 of 27 East Wenatchee - Voucher Directory 5/4/2021 City Council Agenda Packet Page 32 of 174 Vendor Number Reference Account Number Description Amount 03800001203-2021A 2021 Irrigation Fees 101-000-420-542-75-47-00 Utilities - City Parks $200.40 Total 03800001203-2021A $200.40 03800001203-2021B 2021 Irrigation Fees 001-000-001-531-00-40-00 Annual SWU Charge $112.50 401-000-001-531-00-40-02 Insurance $112.50 Total 03800001203-2021B $225.00 03800001206-2021 2021 Irrigation Fees 001-000-001-531-00-40-00 Annual SWU Charge $90.00 401-000-001-531-00-40-02 Insurance $90.00 Total 03800001206-2021 $180.00 03800001206-2021A 2021 Irrigation Fees 101-000-430-543-50-47-00 Utilities - Facilities $120.00 Total 03800001206-2021A $120.00 03800001304-2021 2021 Irrigation Fees 401-000-008-531-00-40-06 Utilities $150.00 Total 03800001304-2021 $150.00 22200310006-2021 2021 Irrigation Fees 101-000-420-542-75-47-00 Utilities - City Parks $216.00 Total 22200310006-2021 $216.00 40100003501-2021 2021 Irrigation Fees 101-000-315-531-00-40-00 Annual SWU Charge $22.50 401-000-001-531-00-40-02 Insurance $22.50 Total 40100003501-2021 $45.00 40100003507-2021 2021 Irrigation Fees 401-000-001-531-00-40-02 Insurance $45.00 Total 40100003507-2021 $45.00 40100003517-2021 2021 Irrigation Fees 401-000-008-531-00-40-06 Utilities $193.20 Total 40100003517-2021 $193.20 40200002402-2021 2021 Irrigation Fees 401-000-008-531-00-40-06 Utilities $412.80 Total 40200002402-2021 $412.80 Printed by EASTWENATCHEE\jdelay on 4/28/2021 8:34:03 AM Page 9 of 27 East Wenatchee - Voucher Directory 5/4/2021 City Council Agenda Packet Page 33 of 174 Vendor Number Reference Account Number Description Amount 67100401000-2021 2021 Irrigation Fees 101-000-420-542-70-47-00 Utilities - Roadside $285.60 Total 67100401000-2021 $285.60 Total 55070 $170,745.90 Total Douglas County Treasurer $170,745.90 East Wenatchee Water Dist 55072 2021 - May 2021 - May 2021 1st Council Invoice - 4/22/2021 11:55:12 AM Utilities 001-000-180-518-30-47-00 Utilities $83.00 Total Invoice - 4/22/2021 11:55:12 AM $83.00 Invoice - 4/22/2021 11:55:47 AM Utilities 101-000-430-543-50-47-00 Utilities - Facilities $83.00 Total Invoice - 4/22/2021 11:55:47 AM $83.00 Invoice - 4/22/2021 11:56:18 AM Utilities 101-000-420-542-75-47-00 Utilities - City Parks $104.00 Total Invoice - 4/22/2021 11:56:18 AM $104.00 Invoice - 4/22/2021 11:56:41 AM Utilities 001-000-180-518-30-47-00 Utilities $349.72 112-000-000-572-50-47-00 Facilities - Utilities $54.58 Total Invoice - 4/22/2021 11:56:41 AM $404.30 Total 55072 $674.30 Total East Wenatchee Water Dist $674.30 Fastenal Company 55073 2021 - May 2021 - May 2021 1st Council WAWEN227491 Street/Traffic Control Supplies 101-000-420-542-64-30-00 Supplies - Traffic Control Devices $51.92 Total WAWEN227491 $51.92 Total 55073 $51.92 Total Fastenal Company $51.92 Printed by EASTWENATCHEE\jdelay on 4/28/2021 8:34:03 AM Page 10 of 27 East Wenatchee - Voucher Directory 5/4/2021 City Council Agenda Packet Page 34 of 174 Vendor Number Reference Account Number Description Amount Federal Eastern International LLC 55074 2021 - May 2021 - May 2021 1st Council 52514002 Police/Uniform Supplies 001-000-210-521-10-35-00 Small Tools & Equipment $155.95 Total 52514002 $155.95 Total 55074 $155.95 Total Federal Eastern International LLC $155.95 Greater Wenatchee Regional Events Center 55075 2021 - May 2021 - May 2021 1st Council PFD-15459 Food Staple Boxes 2021 102-000-000-518-63-40-01 CDBG Food Assistance Program $3,468.40 Total PFD-15459 $3,468.40 Total 55075 $3,468.40 Total Greater Wenatchee Regional Events Center $3,468.40 Gunarama Wholesale, Inc. 55076 2021 - May 2021 - May 2021 1st Council 1101700 Police/Unifrom Supplies 001-000-210-521-10-35-00 Small Tools & Equipment $961.70 Total 1101700 $961.70 Total 55076 $961.70 Total Gunarama Wholesale, Inc.$961.70 H2 Pre-Cast, Inc 55077 2021 - May 2021 - May 2021 1st Council 154023 Street/Roadway Supplies 101-000-420-542-63-48-00 Repairs & Maintenance - Street Lighting $541.50 Total 154023 $541.50 Total 55077 $541.50 Total H2 Pre-Cast, Inc $541.50 Haglund's Trophies 55078 2021 - May 2021 - May 2021 1st Council 62690 Police/Retirement Plaque 001-000-210-521-10-49-00 Miscellaneous $57.45 Total 62690 $57.45 62691 Police/Namebadge 001-000-210-521-10-49-00 Miscellaneous $14.05 Total 62691 $14.05 Printed by EASTWENATCHEE\jdelay on 4/28/2021 8:34:03 AM Page 11 of 27 East Wenatchee - Voucher Directory 5/4/2021 City Council Agenda Packet Page 35 of 174 Vendor Number Reference Account Number Description Amount 62763 Police/Namebadge 001-000-210-521-10-35-00 Small Tools & Equipment $14.05 Total 62763 $14.05 65127 Police/Plaque 001-000-210-521-10-35-00 Small Tools & Equipment $223.35 Total 65127 $223.35 Total 55078 $308.90 Total Haglund's Trophies $308.90 Interwest Communications 55079 2021 - May 2021 - May 2021 1st Council 18106 IT/Computer Software Supplies 001-000-145-514-20-41-00 Professional Services $1,644.36 Total 18106 $1,644.36 Total 55079 $1,644.36 Total Interwest Communications $1,644.36 James Brandon Johnson 55053 2021 - May 2021 - May 2021 1st Council Invoice - 4/22/2021 12:32:14 PM Police/Travel 001-000-142-514-20-43-00 Travel $178.50 Total Invoice - 4/22/2021 12:32:14 PM $178.50 Total 55053 $178.50 55056 2021 - May 2021 - May 2021 1st Council Invoice - 4/26/2021 11:34:35 AM Police/Travel Reimbursement 001-000-142-514-20-43-00 Travel $215.00 Total Invoice - 4/26/2021 11:34:35 AM $215.00 Total 55056 $215.00 Total James Brandon Johnson $393.50 Jet Pro Express Auto Wash, LLC 55080 2021 - May 2021 - May 2021 1st Council 1222 Police/Vehicle Wash 001-000-210-521-10-49-00 Miscellaneous $541.50 Car wash Tokens Total 1222 $541.50 Total 55080 $541.50 Total Jet Pro Express Auto Wash, LLC $541.50 Printed by EASTWENATCHEE\jdelay on 4/28/2021 8:34:03 AM Page 12 of 27 East Wenatchee - Voucher Directory 5/4/2021 City Council Agenda Packet Page 36 of 174 Vendor Number Reference Account Number Description Amount John Phillips 55055 2021 - May 2021 - May 2021 1st Council Invoice - 4/26/2021 11:35:34 AM Police/Travel Reimbursement 001-000-210-521-10-43-00 Travel $274.50 Total Invoice - 4/26/2021 11:35:34 AM $274.50 Total 55055 $274.50 Total John Phillips $274.50 Kelly Gregory 55041 2021 - May 2021 - May 2021 1st Council Invoice - 4/15/2021 1:36:52 PM Police/Per Diem Gregory 001-000-142-514-20-43-00 Travel $178.50 Total Invoice - 4/15/2021 1:36:52 PM $178.50 Total 55041 $178.50 Total Kelly Gregory $178.50 Kottkamp & Yedinak, Pllc 55081 2021 - May 2021 - May 2021 1st Council Invoice - 4/22/2021 11:41:02 AM Public Defender April 2021 001-000-110-511-60-21-50 Public Defender $5,675.00 Total Invoice - 4/22/2021 11:41:02 AM $5,675.00 Total 55081 $5,675.00 Total Kottkamp & Yedinak, Pllc $5,675.00 Moon Security 55082 2021 - May 2021 - May 2021 1st Council 1081428 Police/Monitoring Services 001-000-210-521-10-41-00 Professional Services $71.37 Total 1081428 $71.37 Total 55082 $71.37 Total Moon Security $71.37 Numerica Credit Union 55049 2021 - May 2021 - May 2021 1st Council Invoice - 4/20/2021 2:05:24 PM Police/Stanchion Sign Holder 001-000-210-521-10-49-00 Miscellaneous $129.80 Total Invoice - 4/20/2021 2:05:24 PM $129.80 Invoice - 4/20/2021 2:06:33 PM City Clerk/Supplies 001-000-140-514-20-31-00 Office Supplies $75.76 Total Invoice - 4/20/2021 2:06:33 PM $75.76 Printed by EASTWENATCHEE\jdelay on 4/28/2021 8:34:03 AM Page 13 of 27 East Wenatchee - Voucher Directory 5/4/2021 City Council Agenda Packet Page 37 of 174 Vendor Number Reference Account Number Description Amount Invoice - 4/20/2021 2:07:55 PM IT/Computer Software Supplies 001-000-145-514-20-31-00 Supplies $43.31 Total Invoice - 4/20/2021 2:07:55 PM $43.31 Invoice - 4/20/2021 2:10:26 PM Court/Finance Office Supplies 001-000-120-512-50-31-00 Office Supplies $30.37 001-000-180-594-18-60-00 Capital Outlay $389.85 Total Invoice - 4/20/2021 2:10:26 PM $420.22 Invoice - 4/20/2021 2:12:38 PM Court/Monitor Privacy Screens 001-000-120-512-50-31-00 Office Supplies $189.02 Total Invoice - 4/20/2021 2:12:38 PM $189.02 Invoice - 4/20/2021 2:15:02 PM Court/Office Supplies 001-000-120-512-50-31-00 Office Supplies $203.41 001-000-140-514-20-31-01 Central Stores $11.00 Total Invoice - 4/20/2021 2:15:02 PM $214.41 Invoice - 4/20/2021 2:16:16 PM Stormwater/Fuel 401-000-008-531-00-30-07 Fuel $33.79 Total Invoice - 4/20/2021 2:16:16 PM $33.79 Invoice - 4/20/2021 2:30:16 PM Project Mgmt/Fuel 001-000-210-521-10-32-00 Fuel Consumed $53.78 Total Invoice - 4/20/2021 2:30:16 PM $53.78 Invoice - 4/20/2021 2:30:53 PM Project Mgmt/Fuel 001-000-210-521-10-32-00 Fuel Consumed $56.36 Total Invoice - 4/20/2021 2:30:53 PM $56.36 Invoice - 4/20/2021 2:31:20 PM Project Mgmt/Fuel 001-000-210-521-10-32-00 Fuel Consumed $48.87 Total Invoice - 4/20/2021 2:31:20 PM $48.87 Invoice - 4/20/2021 2:32:05 PM City Hall/City Clerk Training 001-000-140-514-20-40-00 Training $140.00 Total Invoice - 4/20/2021 2:32:05 PM $140.00 Invoice - 4/20/2021 2:32:43 PM Police/National Dues 001-000-210-521-10-49-00 Miscellaneous $115.00 Total Invoice - 4/20/2021 2:32:43 PM $115.00 Invoice - 4/20/2021 2:39:54 PM Events/Membership Dues 117-000-100-557-30-41-00 Professional Services $49.00 Total Invoice - 4/20/2021 2:39:54 PM $49.00 Printed by EASTWENATCHEE\jdelay on 4/28/2021 8:34:03 AM Page 14 of 27 East Wenatchee - Voucher Directory 5/4/2021 City Council Agenda Packet Page 38 of 174 Vendor Number Reference Account Number Description Amount Invoice - 4/20/2021 2:41:00 PM Police/Ammo Magazines 001-000-210-521-10-35-00 Small Tools & Equipment $100.09 Total Invoice - 4/20/2021 2:41:00 PM $100.09 Invoice - 4/20/2021 2:44:30 PM Events/Supplies 117-000-100-557-30-41-00 Professional Services $95.00 Total Invoice - 4/20/2021 2:44:30 PM $95.00 Invoice - 4/20/2021 2:48:19 PM Police/ Master Amorer Kit 001-000-210-521-10-35-00 Small Tools & Equipment $249.99 Total Invoice - 4/20/2021 2:48:19 PM $249.99 Invoice - 4/20/2021 2:51:34 PM IT/Computer Software Supplies 001-000-145-594-14-60-25 Capital - PC Hardware Admin $2,665.06 Total Invoice - 4/20/2021 2:51:34 PM $2,665.06 Invoice - 4/20/2021 2:54:09 PM IT/Computer Software Supplies 001-000-145-514-20-31-00 Supplies $86.82 Total Invoice - 4/20/2021 2:54:09 PM $86.82 Invoice - 4/20/2021 2:54:52 PM Street/Shop Supplies 101-000-430-543-30-30-00 Supplies - General Services $58.87 Total Invoice - 4/20/2021 2:54:52 PM $58.87 Invoice - 4/20/2021 2:58:19 PM Street/Shop Supplies 101-000-430-543-30-30-00 Supplies - General Services $199.59 Total Invoice - 4/20/2021 2:58:19 PM $199.59 Invoice - 4/20/2021 2:59:30 PM Street/WSDA Training 101-000-430-544-90-49-01 Training $33.99 Total Invoice - 4/20/2021 2:59:30 PM $33.99 Invoice - 4/20/2021 3:02:16 PM IT/Lansweeper 001-000-145-594-14-60-20 Capital - PC Software Admin $541.50 Total Invoice - 4/20/2021 3:02:16 PM $541.50 Invoice - 4/20/2021 3:03:01 PM Planning/Training 001-000-580-558-60-40-00 Training $70.00 Total Invoice - 4/20/2021 3:03:01 PM $70.00 Invoice - 4/20/2021 3:03:30 PM Planning/Training 001-000-580-558-60-40-00 Training $70.00 001-000-590-558-50-40-00 Training $70.00 Total Invoice - 4/20/2021 3:03:30 PM $140.00 Printed by EASTWENATCHEE\jdelay on 4/28/2021 8:34:03 AM Page 15 of 27 East Wenatchee - Voucher Directory 5/4/2021 City Council Agenda Packet Page 39 of 174 Vendor Number Reference Account Number Description Amount Invoice - 4/20/2021 3:28:51 PM City Hall/Kitchen Supplies 001-000-140-514-20-31-01 Central Stores $13.78 Total Invoice - 4/20/2021 3:28:51 PM $13.78 Invoice - 4/20/2021 3:29:22 PM Planning/Training 001-000-580-558-60-40-00 Training $30.00 Total Invoice - 4/20/2021 3:29:22 PM $30.00 Invoice - 4/20/2021 3:30:06 PM Street/Training 101-000-420-542-30-30-00 Supplies - Roadway $184.27 Total Invoice - 4/20/2021 3:30:06 PM $184.27 Invoice - 4/20/2021 3:46:40 PM Police/Air Diverter 001-000-210-521-10-48-00 Repairs & Maintenance $61.71 Total Invoice - 4/20/2021 3:46:40 PM $61.71 Invoice - 4/20/2021 3:51:46 PM Street/Digital Anemomter 101-000-420-542-75-30-00 Supplies - City Parks $80.14 Total Invoice - 4/20/2021 3:51:46 PM $80.14 Invoice - 4/20/2021 3:52:21 PM Police/Whiteboard 001-000-210-521-10-31-00 Office Supplies $43.31 Total Invoice - 4/20/2021 3:52:21 PM $43.31 Invoice - 4/20/2021 3:52:47 PM Police/Training Supplies 001-000-210-521-10-31-00 Office Supplies $121.10 Total Invoice - 4/20/2021 3:52:47 PM $121.10 Invoice - 4/20/2021 3:53:20 PM IT/Computer Software Supplies 001-000-145-514-20-31-00 Supplies $6.74 Total Invoice - 4/20/2021 3:53:20 PM $6.74 Invoice - 4/20/2021 3:55:18 PM Project Mgmt/Training 001-000-315-542-10-49-00 Training $35.00 Total Invoice - 4/20/2021 3:55:18 PM $35.00 Invoice - 4/20/2021 3:55:48 PM Project Mgmt/Training 001-000-315-542-10-49-00 Training $35.00 Total Invoice - 4/20/2021 3:55:48 PM $35.00 Invoice - 4/20/2021 3:56:16 PM Police/Office Desk 001-000-210-521-10-35-00 Small Tools & Equipment $1,054.64 Total Invoice - 4/20/2021 3:56:16 PM $1,054.64 Printed by EASTWENATCHEE\jdelay on 4/28/2021 8:34:03 AM Page 16 of 27 East Wenatchee - Voucher Directory 5/4/2021 City Council Agenda Packet Page 40 of 174 Vendor Number Reference Account Number Description Amount Invoice - 4/20/2021 3:56:58 PM Police/Office Cabinet 001-000-210-521-10-35-00 Small Tools & Equipment $279.40 Total Invoice - 4/20/2021 3:56:58 PM $279.40 Invoice - 4/20/2021 3:57:37 PM Police/IT Annex Mount 001-000-145-514-20-31-00 Supplies $25.75 001-000-210-521-10-48-00 Repairs & Maintenance $25.75 Total Invoice - 4/20/2021 3:57:37 PM $51.50 Invoice - 4/20/2021 3:58:48 PM IT/Computer Software Supplies 001-000-145-594-14-60-20 Capital - PC Software Admin $60.00 Total Invoice - 4/20/2021 3:58:48 PM $60.00 Invoice - 4/20/2021 3:59:20 PM Police/Office Supplies 001-000-210-521-10-31-00 Office Supplies $39.44 Total Invoice - 4/20/2021 3:59:20 PM $39.44 Invoice - 4/20/2021 4:00:03 PM HR/Membership 001-000-139-518-10-40-01 Membership Dues & Publications $225.00 Total Invoice - 4/20/2021 4:00:03 PM $225.00 Invoice - 4/20/2021 4:00:32 PM Central Stores 001-000-140-514-20-31-01 Central Stores $25.55 Total Invoice - 4/20/2021 4:00:32 PM $25.55 Invoice - 4/20/2021 4:00:58 PM HR/Training 001-000-139-518-10-40-00 Training $200.00 Total Invoice - 4/20/2021 4:00:58 PM $200.00 Invoice - 4/20/2021 4:01:25 PM Street/Shop Supplies 101-000-420-542-70-48-00 Repairs & Maintenance - Roadside $78.72 Total Invoice - 4/20/2021 4:01:25 PM $78.72 Invoice - 4/20/2021 4:01:55 PM IT/Computer Software Supplies 001-000-145-594-14-60-25 Capital - PC Hardware Admin $231.73 Total Invoice - 4/20/2021 4:01:55 PM $231.73 Invoice - 4/20/2021 4:02:24 PM Police/Resolution 2000-04 001-000-210-521-10-49-00 Miscellaneous $70.24 Total Invoice - 4/20/2021 4:02:24 PM $70.24 Invoice - 4/20/2021 4:03:07 PM Legal/Training 001-000-151-515-31-20-10 Training $102.96 Total Invoice - 4/20/2021 4:03:07 PM $102.96 Printed by EASTWENATCHEE\jdelay on 4/28/2021 8:34:03 AM Page 17 of 27 East Wenatchee - Voucher Directory 5/4/2021 City Council Agenda Packet Page 41 of 174 Vendor Number Reference Account Number Description Amount Invoice - 4/20/2021 4:04:26 PM Central Stores 001-000-140-514-20-31-01 Central Stores $68.73 Total Invoice - 4/20/2021 4:04:26 PM $68.73 Invoice - 4/20/2021 4:04:51 PM Police/Fuel 001-000-210-521-10-32-00 Fuel Consumed $48.34 Total Invoice - 4/20/2021 4:04:51 PM $48.34 Invoice - 4/20/2021 4:09:43 PM Planning/Training 001-000-580-558-60-40-00 Training $57.00 Total Invoice - 4/20/2021 4:09:43 PM $57.00 Invoice - 4/20/2021 4:10:24 PM Planning/Training 001-000-580-558-60-40-00 Training $57.00 Total Invoice - 4/20/2021 4:10:24 PM $57.00 Invoice - 4/20/2021 4:10:45 PM Street/Shop Supplies 101-000-420-542-75-30-00 Supplies - City Parks $23.26 Total Invoice - 4/20/2021 4:10:45 PM $23.26 Invoice - 4/20/2021 4:11:07 PM Planning/Training 001-000-580-558-60-40-00 Training $30.00 Total Invoice - 4/20/2021 4:11:07 PM $30.00 Invoice - 4/20/2021 4:12:23 PM Police/Fuel 001-000-210-521-10-32-00 Fuel Consumed $38.16 Total Invoice - 4/20/2021 4:12:23 PM $38.16 Invoice - 4/20/2021 4:13:14 PM Project Mgmt/10t St Reconstruction 301-000-000-595-10-40-26 Design - PWTFL - 10th St $267.52 Total Invoice - 4/20/2021 4:13:14 PM $267.52 Invoice - 4/20/2021 4:14:04 PM Police/Uniform Supplies 001-000-210-521-10-35-00 Small Tools & Equipment $255.00 Total Invoice - 4/20/2021 4:14:04 PM $255.00 Invoice - 4/20/2021 4:15:02 PM Planning/Supplies 001-000-580-558-60-31-00 Office Supplies $41.92 Total Invoice - 4/20/2021 4:15:02 PM $41.92 Invoice - 4/20/2021 4:15:48 PM Street/Park Supplies 101-000-420-542-75-30-00 Supplies - City Parks $139.67 Total Invoice - 4/20/2021 4:15:48 PM $139.67 Printed by EASTWENATCHEE\jdelay on 4/28/2021 8:34:03 AM Page 18 of 27 East Wenatchee - Voucher Directory 5/4/2021 City Council Agenda Packet Page 42 of 174 Vendor Number Reference Account Number Description Amount Invoice - 4/20/2021 4:16:18 PM Planning/Pressboard File Folders 001-000-580-558-60-31-00 Office Supplies $65.51 Total Invoice - 4/20/2021 4:16:18 PM $65.51 Invoice - 4/20/2021 4:17:02 PM Deputy Clerk Supplies 001-000-140-514-20-40-00 Training $475.00 Total Invoice - 4/20/2021 4:17:02 PM $475.00 Invoice - 4/20/2021 4:17:25 PM Events/Classy Chassis Supplies 117-000-110-557-30-31-14 Classy Chassis Central Stores $499.88 Total Invoice - 4/20/2021 4:17:25 PM $499.88 Invoice - 4/20/2021 4:17:58 PM IT/Credit 001-000-145-594-14-60-25 Capital - PC Hardware Admin ($571.29) Total Invoice - 4/20/2021 4:17:58 PM ($571.29) Invoice - 4/20/2021 4:20:20 PM Police/Uniform Supplies 001-000-210-521-10-35-00 Small Tools & Equipment $474.25 Total Invoice - 4/20/2021 4:20:20 PM $474.25 Total 55049 $10,810.41 Total Numerica Credit Union $10,810.41 One Call Concepts, Inc 55083 2021 - May 2021 - May 2021 1st Council 1039068 Stormwater/Excavation Notices 401-000-008-531-00-40-06 Utilities $95.23 Total 1039068 $95.23 Total 55083 $95.23 Total One Call Concepts, Inc $95.23 O'Reilly 55084 2021 - May 2021 - May 2021 1st Council 2521-205812 Storm/Street Supplies 101-000-420-542-64-30-00 Supplies - Traffic Control Devices $108.29 401-000-008-531-00-40-04 Repairs & Maint. - NPDES PPGH $173.15 Total 2521-205812 $281.44 2521-210599 Street/Vehicle Repairs and Maintenance 501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $151.77 Total 2521-210599 $151.77 Total 55084 $433.21 Total O'Reilly $433.21 Printed by EASTWENATCHEE\jdelay on 4/28/2021 8:34:03 AM Page 19 of 27 East Wenatchee - Voucher Directory 5/4/2021 City Council Agenda Packet Page 43 of 174 Vendor Number Reference Account Number Description Amount Pacific Engineering & Design, PLLC 55085 2021 - May 2021 - May 2021 1st Council Invoice - 4/22/2021 11:24:59 AM Project Mgmt/19th and Cascade Corridor 401-000-011-594-31-60-04 19th Stormwater Facility Design $3,129.15 Total Invoice - 4/22/2021 11:24:59 AM $3,129.15 Total 55085 $3,129.15 Total Pacific Engineering & Design, PLLC $3,129.15 Parker Corporation Services, INC DBA Merchant Patrol Security 55086 2021 - May 2021 - May 2021 1st Council 35254 Court/Armed Guard Services 001-000-120-512-50-49-09 Security $59.75 Total 35254 $59.75 Total 55086 $59.75 Total Parker Corporation Services, INC DBA Merchant Patrol Security $59.75 Perteet Engineering, Inc 55087 2021 - May 2021 - May 2021 1st Council 20190041.0001-9 Project Mgmt/Complete Streets 301-000-000-595-61-60-00 TIB Complete Streets - Grant/Georgia Crossing $332.50 301-000-000-595-61-60-01 TIB Complete Streets - Grant/June Crossing $332.50 301-000-000-595-61-60-02 TIB Complete Streets - 3rd St. Sidewalk $332.50 Total 20190041.0001-9 $997.50 Total 55087 $997.50 Total Perteet Engineering, Inc $997.50 Quality Control Services, Inc. 55088 2021 - May 2021 - May 2021 1st Council 63149 Police/Services on Scales 001-000-210-521-10-41-00 Professional Services $345.00 Total 63149 $345.00 Total 55088 $345.00 Total Quality Control Services, Inc.$345.00 Rh2 Engineering, Inc. 55089 2021 - May 2021 - May 2021 1st Council 81763 Project Mgmt/Stormwater Plan Update 401-000-014-531-00-40-07 Stormwater Comp Plan Update $4,390.09 Total 81763 $4,390.09 Printed by EASTWENATCHEE\jdelay on 4/28/2021 8:34:03 AM Page 20 of 27 East Wenatchee - Voucher Directory 5/4/2021 City Council Agenda Packet Page 44 of 174 Vendor Number Reference Account Number Description Amount 81869 Project Mgmt/2020 General Engineering Services 001-000-315-544-20-45-00 Engineering Support Services $115.83 Total 81869 $115.83 81941 Project Mgmt/10th St Reconstruction 301-000-000-595-10-40-26 Design - PWTFL - 10th St $26,006.49 301-000-000-595-20-60-01 ROW - PWTFL -10th St. Design $425.72 Total 81941 $26,432.21 Total 55089 $30,938.13 Total Rh2 Engineering, Inc.$30,938.13 Rivercom 55090 2021 - May 2021 - May 2021 1st Council Invoice - 4/22/2021 11:41:52 AM April 2021 Dispatch Services 001-000-001-528-70-40-00 River Com $21,770.90 Total Invoice - 4/22/2021 11:41:52 AM $21,770.90 Total 55090 $21,770.90 Total Rivercom $21,770.90 San Diego Police Equipment Co. Inc. 55091 2021 - May 2021 - May 2021 1st Council 647038 Police/Uniform Supplies 001-000-210-521-10-35-00 Small Tools & Equipment $3,719.23 Total 647038 $3,719.23 Total 55091 $3,719.23 Total San Diego Police Equipment Co. Inc.$3,719.23 Sand Canyon Irrigation District 55092 2021 - May 2021 - May 2021 1st Council 1639A Stormwater/2021 Irrigation Dues 401-000-008-531-00-40-06 Utilities $600.00 Total 1639A $600.00 Total 55092 $600.00 Total Sand Canyon Irrigation District $600.00 Sedgwick Claims Management Services, Inc 55093 2021 - May 2021 - May 2021 1st Council 420001976670 Insurance Premiums 001-000-110-511-60-46-00 Insurance $16.95 001-000-111-513-00-40-05 Insurance $16.95 001-000-120-512-50-46-00 Insurance $67.82 Printed by EASTWENATCHEE\jdelay on 4/28/2021 8:34:03 AM Page 21 of 27 East Wenatchee - Voucher Directory 5/4/2021 City Council Agenda Packet Page 45 of 174 Vendor Number Reference Account Number Description Amount 001-000-139-518-10-40-04 Insurance $11.30 001-000-140-514-20-46-00 Insurance $11.30 001-000-142-514-20-46-00 Insurance $33.91 001-000-145-514-20-45-00 Insurance $22.61 001-000-151-515-31-46-00 Insurance $16.95 001-000-152-515-31-40-03 Insurance $5.65 001-000-160-521-10-46-00 Insurance $22.61 001-000-180-518-30-46-00 Insurance $45.21 001-000-210-521-10-46-00 Insurance $497.33 001-000-315-542-10-46-00 Insurance $22.61 001-000-580-558-60-46-00 Insurance $45.21 001-000-590-558-50-46-00 Insurance $22.61 101-000-430-543-30-46-00 Insurance $180.85 117-000-105-557-30-40-00 Insurance $45.21 401-000-001-531-00-40-02 Insurance $45.21 Total 420001976670 $1,130.29 Total 55093 $1,130.29 Total Sedgwick Claims Management Services, Inc $1,130.29 Serve Wenatchee Valley 55094 2021 - May 2021 - May 2021 1st Council 0407021-2 March 2021 Food Assistance 102-000-000-518-63-40-01 CDBG Food Assistance Program $266.67 Total 0407021-2 $266.67 Total 55094 $266.67 Total Serve Wenatchee Valley $266.67 Sherwin-Williams 55095 2021 - May 2021 - May 2021 1st Council 3520-4 Street/Traffic Control Supplies 101-000-420-542-64-30-00 Supplies - Traffic Control Devices $87.38 Total 3520-4 $87.38 3521-2 Street/Traffic Control Supplies 101-000-420-542-64-30-00 Supplies - Traffic Control Devices ($51.64) Total 3521-2 ($51.64) 3874-5 Street/Traffic Control Supplies 101-000-420-542-64-30-00 Supplies - Traffic Control Devices $479.57 Total 3874-5 $479.57 Total 55095 $515.31 Total Sherwin-Williams $515.31 Printed by EASTWENATCHEE\jdelay on 4/28/2021 8:34:03 AM Page 22 of 27 East Wenatchee - Voucher Directory 5/4/2021 City Council Agenda Packet Page 46 of 174 Vendor Number Reference Account Number Description Amount Solid Waste Systems, Inc 55096 2021 - May 2021 - May 2021 1st Council 0131865-IN Stormwater/Repairs and Maintenance 401-000-008-531-00-40-04 Repairs & Maint. - NPDES PPGH $1,331.02 Total 0131865-IN $1,331.02 Total 55096 $1,331.02 Total Solid Waste Systems, Inc $1,331.02 Tony Ditommaso PS 55097 2021 - May 2021 - May 2021 1st Council Invoice - 4/22/2021 11:43:08 AM April 2021 Public Defender 001-000-110-511-60-21-50 Public Defender $5,675.00 Total Invoice - 4/22/2021 11:43:08 AM $5,675.00 Total 55097 $5,675.00 Total Tony Ditommaso PS $5,675.00 Valley Tractor And 55048 2021 - May 2021 - May 2021 1st Council 9296423A Street/Vehicle Repairs and Maintenance 501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $88.88 Total 9296423A $88.88 9296446A Street/Vehicle Repairs and Maintenance 501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $78.76 Total 9296446A $78.76 9296615A Street/Snow and Ice Control 101-000-420-542-66-48-00 Repairs & Maintenance - Snow & Ice Control $480.27 Total 9296615A $480.27 9296657A Street/Parks and Supplies 101-000-420-542-75-30-00 Supplies - City Parks $79.57 Total 9296657A $79.57 Total 55048 $727.48 Total Valley Tractor And $727.48 Verizon Wireless 55098 2021 - May 2021 - May 2021 1st Council 9876858723 City Hall/ Cell Phones 001-000-110-511-60-42-01 Cell Phone $41.99 001-000-145-514-20-42-00 Cell Phone $62.18 001-000-315-542-10-40-00 Cell Phone $52.18 Printed by EASTWENATCHEE\jdelay on 4/28/2021 8:34:03 AM Page 23 of 27 East Wenatchee - Voucher Directory 5/4/2021 City Council Agenda Packet Page 47 of 174 Vendor Number Reference Account Number Description Amount 001-000-580-558-60-49-00 Miscellaneous $52.18 101-000-430-543-50-42-01 Cell Phone $52.18 101-000-430-543-50-42-01 Cell Phone $18.33 117-000-100-557-30-42-00 Cell Phone $52.18 401-000-001-531-00-40-00 Cell Phone $18.34 401-000-001-531-00-40-00 Cell Phone $52.18 Total 9876858723 $401.74 Total 55098 $401.74 Total Verizon Wireless $401.74 Wash ST Dept of Licensing 55099 2021 - May 2021 - May 2021 1st Council EWP002190 Dimare Gun Permit 001-001-000-589-00-00-05 State Share of Permits & Licenses $18.00 Total EWP002190 Dimare $18.00 EWP002191 Heiserman Gun Permit 001-001-000-589-00-00-05 State Share of Permits & Licenses $18.00 Total EWP002191 Heiserman $18.00 EWP002192 Peterson Gun Permit 001-001-000-589-00-00-05 State Share of Permits & Licenses $18.00 Total EWP002192 Peterson $18.00 EWP002195 Douglas Gun Permit 001-001-000-589-00-00-05 State Share of Permits & Licenses $18.00 Total EWP002195 Douglas $18.00 EWP002196 Moser Gun Permit 001-001-000-589-00-00-05 State Share of Permits & Licenses $18.00 Total EWP002196 Moser $18.00 EWP002197 Muniz-Arroyo Gun Permit 001-001-000-589-00-00-05 State Share of Permits & Licenses $18.00 Total EWP002197 Muniz-Arroyo $18.00 EWP002198 Guerrero Gutierrez Gun Permit 001-001-000-589-00-00-05 State Share of Permits & Licenses $18.00 Total EWP002198 Guerrero Gutierrez $18.00 EWP002200 Dills Gun Permit 001-001-000-589-00-00-05 State Share of Permits & Licenses $21.00 Total EWP002200 Dills $21.00 Printed by EASTWENATCHEE\jdelay on 4/28/2021 8:34:03 AM Page 24 of 27 East Wenatchee - Voucher Directory 5/4/2021 City Council Agenda Packet Page 48 of 174 Vendor Number Reference Account Number Description Amount EWP002201 Bromiley Gun Permit 001-001-000-589-00-00-05 State Share of Permits & Licenses $18.00 Total EWP002201 Bromiley $18.00 EWP002202 Harris Gun Permit 001-001-000-589-00-00-05 State Share of Permits & Licenses $18.00 Total EWP002202 Harris $18.00 EWP002203 Valdes Gun Permit 001-001-000-589-00-00-05 State Share of Permits & Licenses $18.00 Total EWP002203 Valdes $18.00 EWP002204 Duran Gun Permit 001-001-000-589-00-00-05 State Share of Permits & Licenses $18.00 Total EWP002204 Duran $18.00 Total 55099 $219.00 Total Wash ST Dept of Licensing $219.00 Washington State Transit Insurance Pool 55100 2021 - May 2021 - May 2021 1st Council 125917 Driver Record Monitoring 001-000-139-518-10-40-06 Miscellaneous $9.31 Total 125917 $9.31 Total 55100 $9.31 Total Washington State Transit Insurance Pool $9.31 Waxie Sanitary Supply 55054 2021 - May 2021 - May 2021 1st Council 79067253A Credit 001-000-180-518-30-31-06 Cleaning & Sanitation Supplies ($93.66) Total 79067253A ($93.66) 79799930 Janitorial Services 001-000-180-518-30-31-06 Cleaning & Sanitation Supplies $34.46 Total 79799930 $34.46 79894338 Janitorial Services 001-000-180-518-30-31-06 Cleaning & Sanitation Supplies $181.12 Total 79894338 $181.12 Total 55054 $121.92 Total Waxie Sanitary Supply $121.92 Printed by EASTWENATCHEE\jdelay on 4/28/2021 8:34:03 AM Page 25 of 27 East Wenatchee - Voucher Directory 5/4/2021 City Council Agenda Packet Page 49 of 174 Vendor Number Reference Account Number Description Amount Wenatchee Valley Humane Society 55101 2021 - May 2021 - May 2021 1st Council Invoice - 4/22/2021 11:42:31 AM April 2021 Animal Control Services 001-000-001-539-30-40-00 Animal Control $6,248.76 Total Invoice - 4/22/2021 11:42:31 AM $6,248.76 Total 55101 $6,248.76 Total Wenatchee Valley Humane Society $6,248.76 Wenatchee Valley Museum & Cultural Center 55102 2021 - May 2021 - May 2021 1st Council Invoice - 4/22/2021 11:28:08 AM May 2021 Agreement 001-000-001-558-70-41-15 Wenatchee Valley Museum $5,062.00 113-000-000-557-30-41-15 Wenatchee Valley Museum & CC $5,062.00 Total Invoice - 4/22/2021 11:28:08 AM $10,124.00 Total 55102 $10,124.00 Total Wenatchee Valley Museum & Cultural Center $10,124.00 Xerox Corporation 55103 2021 - May 2021 - May 2021 1st Council 012797172 Copier Fees 001-000-145-514-20-31-00 Supplies $34.00 001-000-315-542-10-31-00 Office Supplies $34.00 401-000-001-531-00-30-00 Supplies - Stormwater Admin $34.01 Total 012797172 $102.01 Total 55103 $102.01 Total Xerox Corporation $102.01 Ziply Fiber 55104 2021 - May 2021 - May 2021 1st Council Invoice - 4/22/2021 12:01:00 PM Street Modem 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $62.56 Total Invoice - 4/22/2021 12:01:00 PM $62.56 Invoice - 4/22/2021 12:13:38 PM Street Modem 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $68.73 Total Invoice - 4/22/2021 12:13:38 PM $68.73 Invoice - 4/22/2021 12:14:00 PM Street Modem 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $68.83 Total Invoice - 4/22/2021 12:14:00 PM $68.83 Printed by EASTWENATCHEE\jdelay on 4/28/2021 8:34:03 AM Page 26 of 27 East Wenatchee - Voucher Directory 5/4/2021 City Council Agenda Packet Page 50 of 174 Vendor Number Reference Account Number Description Amount Invoice - 4/22/2021 12:14:22 PM Street Modem 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $68.73 Total Invoice - 4/22/2021 12:14:22 PM $68.73 Invoice - 4/22/2021 12:14:43 PM Street Modem 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $59.16 Total Invoice - 4/22/2021 12:14:43 PM $59.16 Total 55104 $328.01 Total Ziply Fiber $328.01 Grand Total Vendor Count 58 $395,502.19 Printed by EASTWENATCHEE\jdelay on 4/28/2021 8:34:03 AM Page 27 of 27 East Wenatchee - Voucher Directory 5/4/2021 City Council Agenda Packet Page 51 of 174 04/15/2021 Council Workshop Minutes Page 1 of 3 CITY OF EAST WENATCHEE 271 9th Street NE * East Wenatchee, WA 98802 Phone (509) 884-9515 * Fax (509) 886-6233 City Council Workshop East Wenatchee City Hall 271 9th St. NE East Wenatchee, WA 98802 Minutes Thursday, April 15, 2021 In attendance: Mayor Crawford Josh DeLay, Finance Director Councilmember Sterk Lori Barnett, Community Development Director Councilmember Raab Tom Wachholder, Project Development Mngr. Councilmember Tidd Rick Johnson, Police Chief Councilmember Magdoff Devin Poulson, City Attorney Councilmember Johnson Garren Melton, Natural Resource Specialist Councilmember Hepner Josh Toftness, Streets Manager Councilmember Sleiman Mary Beth Phillips, Court Administrator Maria Holman, City Clerk 5:30 p.m. Council Workshop. Councilmember Magdoff opened the meeting. The meeting was in person and via zoom. 1. City Attorney Devin Poulson presented information regarding the Supreme Court’s February ruling that affected unlawful possession of a controlled substance in Washington State. Mr. Poulson provided clarifications on the constitution and what options are available to the City. He explained that the City Council has the ability to set laws within the City. As recommended by the City Council, Ordinance 2021-10, will be included for consideration in the May 4, 2021 Agenda. The Ordinance would make possession of regulated drugs in East Wenatchee a misdemeanor. Comments provided by Councilmember Magdoff, Councilmember Hepner, Chief Johnson, Councilmember Sterk and Councilmember Tidd. No action was taken by the Council. 2. Natural Resource Specialist Garren Melton presented information on becoming a Tree City and what the requirements are to qualify. The Council requested Mr. Melton to bring a draft Ordinance to an upcoming Council Workshop for consideration. 5/4/2021 City Council Agenda Packet Page 52 of 174 04/15/2021 Council Workshop Minutes Page 2 of 3 Comments provided by Councilmember Magdoff, Chief Johnson, Mayor Crawford, Councilmember Hepner, Councilmember Raab and Councilmember Tidd. No action was taken by the Council. 3. Mayor Crawford presented information regarding the Maul Foster Alongi Strategic Plan recommendations, the proposal for Phase II, and fees to develop and complete a strategic plan for the City of East Wenatchee. Mayor Crawford recommended removing the City survey from the proposal and instead use information collected by “Our Valley Our Future’s” (OVOF) survey that is being conducted now. OVOF is usually successful in their surveys. Additionally, the City would not overwhelm the community with multiple surveys in a short period of time. Second, the Mayor suggested sharing the draft strategic plan with the community for feedback before the plan is completed to receive input and encourage participation. As recommended by the City Council this will be included in the April 20, 2021 Council meeting agenda for consideration. Comments provided by Councilmember Sterk, Mayor Crawford, Councilmember Magdoff, Finance Director Josh DeLay, Councilmember Sleiman, Community Development Director Lori Barnett and City Clerk Maria Holman. No action was taken by the Council. 4. Community Development Director Lori Barnett presented information regarding the CDBG Corona Virus Recovery Funding opportunity. The City has been notified of the availability of $23,760.18 in CDBG CV2 funding from the State Department of Commerce. CV1 and CV3 funds were used previously. Before the City may take advantage of the funds, the City must decide what projects or programs to fund. On April 13, 2020 the City was notified of a special allocation of $83,927 in “CDBG-CV” funds. The Council approved funding for the following programs: • $27,000 for City CDBG planning and administrative activities • $58,695 to the Columbia Valley Housing Association down payment assistance program • $133,927 Microenterprise business grants – $5,000 in grants for up to 26 businesses. The Chelan Douglas Port Authority is administering this program. On September 11, 2020 the City was notified of a special allocation of $114,862 designated as “CDBG-CV3”. The Council approved funding for the following programs: • $5,000 for City CDBG planning and administrative activities. • $15,000 for the Chelan & Douglas County COVID-19 Food Assistance Program • $94,862 to Community Action Council for emergency income payments for rent and utilities 5/4/2021 City Council Agenda Packet Page 53 of 174 04/15/2021 Council Workshop Minutes Page 3 of 3 To utilize these funds, our CDBG annual action plan does not need to be amended again. To meet the public notice requirement, staff recommends that the funds be allocated for one of the projects noted above. The Port Authority believes that they would be able to spend the funds for the microenterprise business grants. If that is the consensus of Council, Ms. Barnett can start the application right away. Council was in support. Comments provided by Councilmember Magdoff. 5. Councilmember Tidd commented on the Douglas Public Utility District’s power delivery rate policy rate increases. Comments provided by Councilmember Hepner, Mayor Crawford, Councilmember Magdoff, Councilmember Raab, and Councilmember Sterk. Adjournment. With no further business, the meeting adjourned at 6:34 p.m. ____________________________ Attest: Jerrilea Crawford, Mayor _______________________________ Maria E. Holman, City Clerk 5/4/2021 City Council Agenda Packet Page 54 of 174 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.) 4/20/2021 Council Meeting Minutes Page 1 of 4 East Wenatchee City Council Meeting Tuesday, April 20, 2021 East Wenatchee City Hall 271 9th Street NE East Wenatchee, WA 98802 Minutes In attendance: Staff in attendance: Mayor Jerrilea Crawford Devin Poulson, City Attorney Councilmember John Sterk Rick Johnson, Police Chief Councilmember Harry Raab Lori Barnett, Community Development Director Councilmember Robert Tidd Josh DeLay, Finance Director Councilmember Sasha Sleiman Tom Wachholder, Project Development Manager Councilmember Shayne Magdoff Mary Beth Phillips, Court Administrator Councilmember Christine Johnson John Phillips, Police Officer Councilmember Matthew Hepner Maria Holman, City Clerk 6:00 p.m. Regular Meeting Call to Order, Roll Call and Pledge of Allegiance. 1. Consent Items: a. Date: 4/20/2021, Checks: 54983 - 55039, in the amount of $163,115.03. b. March 2021 Payroll Certification. c. 4/6/2021 Council Meeting Minutes. Motion by Councilmember Tidd to approve consent items as presented. Councilmember Sleiman seconded the motion. Motion carried. (7-0) 2. Citizen Requests/Comments. None. 3. Presentations. None. 4. Department Report. a. Project Development Manager Tom Wachholder presented the Public Works Department Report. b. Finance Director Josh DeLay presented the Finance Department Report for March 2021. Comments provided by Councilmember Magdoff, Councilmember Tidd and Mayor Crawford. 5/4/2021 City Council Agenda Packet Page 55 of 174 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.) 4/20/2021 Council Meeting Minutes Page 2 of 4 5. Mayor’s Report. a. Mayor Crawford presented a 5-year Service Award for Street Maintenance Worker Harold Mitchell who was not present to receive the certificate. b. Mayor Crawford presented a 20-year Service Award to Court Administrator Mary Beth Phillips who was present at the meeting to receive her certificate. c. Mayor Crawford reported that the City of East Wenatchee has been recognized by Safewise.com with the 2021 Safest Cities of Washington Award. The City of East Wenatchee was ranked the 8th safest City in Washington State. Comments provided by Councilmember Hepner. d. Mayor Crawford reported that the Classy Chassis Parade is officially scheduled for Friday, June 11, 2021 at 6:00 p.m. Registrations will be online and safety protocols will be in place for participants and attendees. More details will be provided by the City Events Director/PIO. e. Mayor Crawford reported that City Hall is now open to the public. City Council Meetings and Council Workshops will now be held in person and will adhere to the Governor’s safety orders. The Zoom online option will stay in place as an option for those wishing to participate remotely. 6. Action Items. a. Community Development Director Lori Barnett presented the first reading of Ordinance 2021-08, amending the Greater East Wenatchee Area Comprehensive Plan (GEWA Plan) selected text, tables, charts, and maps in Chapter 3 Land Use, Chapter 4 Housing, and Chapter 8 Transportation as part of the 2020 Annual Amendment Process. Comments provided by Councilmember Raab, Councilmember Sterk and Councilmember Magdoff. Mayor Crawford suspended the second reading of Ordinance 2021-08. Motion by Councilmember Tidd to approve Ordinance 2021-08 as presented. Councilmember Johnson seconded the motion. Motion carried (7-0). b. Community Development Director Lori Barnett presented the first reading of Ordinance 2021-09, amending chapters 16.04, 16.08, and 16.12 and section 16.16.010 of the East Wenatchee Municipal Code to increase the number of lots that can be created using the short plat process from 4 to 9 lots, containing a severability clause, and establishing an effective date. Mayor Crawford suspended the second reading of Ordinance 2021-09. Motion by Councilmember Sleiman to approve Ordinance 2021-09 as presented. Councilmember Magdoff seconded the motion. Motion carried (7-0). 5/4/2021 City Council Agenda Packet Page 56 of 174 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.) 4/20/2021 Council Meeting Minutes Page 3 of 4 c. Project Development Manager Tom Wachholder presented the VPR Services, LLC Contract for Pavement Condition Surveys. Personal Services Contract between the City of East Wenatchee and VPR Services, LLC for conducting pavement rating surveys for all classified City-owned streets. Motion by Councilmember Magdoff to authorize the Mayor to execute the proposed Personal Services Contract between the City of East Wenatchee and VPR Services, LLC for conducting pavement rating surveys not to exceed $6,000. Councilmember Tidd seconded the motion. Motion carried (7-0). d. Project Development Manager Tom Wachholder presented the 10th Street NE Improvements Project - RH2 Engineering Services During Construction Consultant Agreement. Motion by Councilmember Sterk to authorize the Mayor to execute the proposed Transportation Improvement Board Consultant Agreement between the City of East Wenatchee and RH2 Engineering for services during construction associated with the 10th Street NE Improvements Project. Councilmember Sleiman seconded the motion. Motion carried (7-0). e. Mayor Jerrilea Crawford presented information regarding the Maul Foster Alongi addendum to proposal letter executed November 24, 2020: Strategic Plan Phase 2. Motion by Councilmember Tidd to authorize the Mayor to negotiate and execute a supplemental Professional Services Agreement with Maul Foster Alongi to complete Phase 2 of the City’s strategic planning process in an amount not to exceed $38,500. Councilmember Johnson seconded the motion. Motion carried (7- 0). 7. Council Reports & Announcements. a. Councilmember Tidd provided a Link Transit update. Ridership is going up. b. Mayor Crawford provided an update regarding the COVID-19 vaccination effort and let everyone know that the hours at the Town Toyota Center have changed to accommodate people’s needs. All persons over the age of 16 now qualify for the vaccine. COVID-19 numbers in Douglas County are going down. Comments provided by Councilmember Magdoff. 8. Executive Session. A 25-minute executive session was announced by the Mayor at 6:40 p.m. to consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price at 6:40 p.m. The Mayor announced there would be no action taken after the executive session. The executive session concluded at 7:10 p.m. 5/4/2021 City Council Agenda Packet Page 57 of 174 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.) 4/20/2021 Council Meeting Minutes Page 4 of 4 9. Adjournment. With no further business, the meeting adjourned at 7:11 p.m. Jerrilea Crawford, Mayor Attest: Maria E. Holman, City Clerk 5/4/2021 City Council Agenda Packet Page 58 of 174 CITY OF EAST WENATCHEE COMMUNITY DEVELOPMENT DEPARTMENT 271 9th Street NE * East Wenatchee, WA 98802 Phone 509.884.5396 * Fax 509.884.6233 LBarnett@east-wenatchee.com MEMORANDUM To: Mayor and City Council From: Lori Barnett, Director Date: May 4, 2021 Subject: Community Development Department Annual Report for 2020 Typically, the annual report covers only building permit activity. This memo will also include activity from the planning division of the Community Development Department. Planning Division: • Planning Staff processed o 1 short plat through final approval, 2 others are in process o 6 boundary line adjustments, o 1 conditional use permit using the Hearing Examiner (9th St. Park) o 1 administrative shoreline conditional use and substantial development permit (Sewer plant accessory building) o 5 pre-application conferences o Amendments to the 2019 CDBG Annual Action Plan (responding to additional federal funding) creating a micro-enterprise grant program and contract with the Chelan Douglas Regional Port Authority. o Amendments to City Code regulating the movement of buildings. o Amendments to the comprehensive plan to update text and tables. Those amendments were adopted in 2021. • Worked with other City staff and agencies to distribute federal funds for rental assistance, mobile meals, homeless drop-in shelter, and Chamber of Commerce for PPE including contacts for services. • Initiated an ordinance to capture state sales tax for affordable housing under Substitute House Bill 1923 – anticipated revenue $33,000 per year. • Established a permit process for food and beverage service providers to use the street in front of their business for outdoor seating. • Established the Wenatchi Landing Overlay zone and amended the planned action ordinance. • Applied for a Commerce grant to update City Zoning, design standards, and Subdivision Codes to address actions in HB 1923 to increase residential building capacity. Scope included allowing duplexes and triplexes in single-family districts and increasing the number of lots for short plat from 4 to 9. The Planning Commission held several workshops in 2020. The final code amendments were adopted by Council in 2021. • Substantial work was completed on the Community Development & Housing Consolidated Plan for 2020-2024 and Annual Action Plan for 2020. • The review and update of the Shoreline Master Program was initiated. Ecology is provided grant funds to assist with this project. • Staff regularly attends meetings of the Homeless Housing Task Force, the Homeless Advisory Committee, the Chelan Douglas Transportation Council Technical Advisory Committee, and the Douglas County Community Leadership Advisory Committee. 5/4/2021 City Council Agenda Packet Page 59 of 174 City Council Memo Annual Report 2020 Page 2 of 2 Building Division: East Wenatchee Building Permit Activity 2010 through 4/13/2021: This large sheet shows information for all permit activity in table and chart-based format. The table at the top shows data for building permits by year and lists: • The number of residential building permits issued by type of structure, Multi-family is a building or buildings with more than two dwelling units. • The total number of dwelling units created, • The total number of all permits issued, • The estimated revenue from permit issuance and plan review, and • The estimated value of the construction for all permits. There are 3 charts that graphically illustrate specific building permit data: Chart 1 - Residential Building Permits – The total number of building permits issued per year by type of structure. Chart 2 – Construction Value in Millions – All Permits – The estimated value of all building permits that were issued Chart 3 - Total Permits (All Types) – The total number of all permits issued during the year (i.e. residential, commercial, signs, demolition, plumbing, and mechanical etc.) Residential Very few single-family permits have been issued over the past five years. There are very few vacant lots available. Multifamily residential permit activity peaked in 2015. In 2015 and 2016 the City issued permits for the Rylee Ann project multi-family apartment complex. The project included 102 apartments in 8 buildings plus an activity center and maintenance/storage building. In 2018 and 2019 there were 3 multi-family projects on 11th Street with a total of 18 new units. In 2020, a permit was issued for the first of 5 buildings that will have 10 apartments in each for a total of 50 units. Commercial Permits for remodels and new commercial structures have been fairly strong. Major commercial permits issued over the past few years are listed below: 2012 Fred Meyer interior remodel and fueling station, McDonalds, Hobby Lobby, Sterling Middle School, and Eastmont High School 2013 Fasteners, Nissan Auto Dealership, Sportsmen’s Warehouse, Costco, GESA Credit Union, and Goodwill 2015 Bobs Burgers & Brews Restaurant, Douglas County Public Works, Charter College, and Employment Security 2017 Fairfield Inn (99 room hotel), Grocery Outlet, and Pet Smart. 2018 Auto Zone, Douglas County Law & Justice, and Wenatchee Golf & Country Club 2020 Elementary school additions and remodels for: Kenroy, Lee, and Grant 5/4/2021 City Council Agenda Packet Page 60 of 174 East Wenatchee Building Permit Activity 2010 through 4/13/2021 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2000-2020 Total 2000-2020 Annual Average Number of Permits by Type Single-Family 10 9 8 11 1 5 3 4 8 1 4 1 64 6 Single-Family-Attached 1 3 1 5 0 Manufactured Home 4 1 1 1 3 3 1 14 1 Duplex 1 1 1 1 4 0 Multi-family 1 1 6 2 1 2 1 14 1 Total Dwelling Units 15 15 9 11 7 89 26 7 22 14 15 1 230 21 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2000-2020 Total 2000-2020 Annual Average Total Permits (All Types)97 103 98 111 86 92 103 109 110 99 86 28 1,094 99 Estimated Revenue 60,458$ 79,064$ 170,249$ 105,575$ 49,010$ 113,945$ 84,123$ 119,987$ 92,768$ 62,883$ 118,005$ 12,442$ 1,056,068$ 96,006$ 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2000-2020 Total 2000-2020 Annual Average Estimated Building Value 3,550,776$ 5,961,935$ 41,749,405$ 9,610,130$ 3,193,704$ 11,720,280$ 5,345,654$ 13,176,792$ 7,890,847$ 4,719,651$ 14,963,201$ 972,646$ 121,882,375$ 11,080,216$ Demolitions -1 -2 -4 -2 -2 2021 Column is through 4/13/2021 Major Permits 2012 Eastmont Jr. High Sterling Middle School Fred Meyer Remodel Hobby Lobby McDonalds 2015 Rylee Ann (81 units) 2016 Rylee Ann (21 units) 2017 Fairfield Inn 99 Room Hotel 2020 Kenroy Elementary Lee Elementary Grant Elementary 10 Unit Apartment Bldg 0 2 4 6 8 10 12 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021Permits IssuedYear Chart 1 -Residential Building Permits -Total by Type Single-Family Single-Family- Attached Manufactured Home Duplex Multi-family $- $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 $35,000,000 $40,000,000 $45,000,000 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021Value Year Chart 3 -Value in Millions -All Permits 97 103 98 111 86 92 103 109 110 99 86 28 0 20 40 60 80 100 120 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021Number of PermitsYear Chart 4 -Total Permits Issued (All Types)5/4/2021 City Council Agenda Packet Page 61 of 174 National Public Works Week 2021 P R O C L A M A T I O N WHEREAS, public works professionals focus on infrastructure, facilities and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life and well-being of the people of the City of East Wenatchee; and, WHEREAS, these infrastructure, facilities and services could not be provided without the dedicated efforts of public works professionals, who are engineers, managers and employees at all levels of government and the private sector, who are responsible for rebuilding, improving and protecting our nation’s transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and, WHEREAS, it is in the public interest for the citizens, civic leaders and children in the City of East Wenatchee to gain knowledge of and to maintain a progressive interest and understanding of the importance of public works and public works programs in their respective communities; and, WHEREAS the year 2021 marks the 61st annual National Public Works Week sponsored by the American Public Works Association. Now, therefore, I, Jerrilea Crawford, Mayor of the City of East Wenatchee, do hereby designate the week May 16 – 22, 2021 as National Public Works Week; I urge all citizens to join with representatives of the American Public Works Association and government agencies in activities, events and ceremonies designed to pay tribute to our public works professionals, engineers, managers and employees and to recognize the substantial contributions they make to protecting our national health, safety, and quality of life. Dated this 4th day of May 2021 Mayor Jerrilea Crawford City of East Wenatchee OFFICE OF THE MAYOR 271 9TH STREET NE * EAST WENATCHEE, WA 98802 PHONE (509) 884-9515 * FAX (509) 884-6233 5/4/2021 City Council Agenda Packet Page 62 of 174 CITY OF EAST WENATCHEE CITY COUNCIL MEMO To: City Council and Mayor Crawford From: City Attorney Devin Poulson Date: Monday, April 26, 2021 Subject: Possession of a controlled substance. Summary Title: An Ordinance of the City of East Wenatchee incorporating by reference sections of the Revised Code of Washington pertaining to criminal offense by amending Chapter 9.14 of the East Wenatchee Municipal Code. Background/History: On April 25, 2021, the Legislature pass Engrossed Senate Bill 5476. Once the Governor signs the bill, the criminal penalties will take effect immediately. As amended, RCW 69.50.4011 makes it unlawful to knowingly possess a counterfeit substance. It changes the violation from a Class C felony to a misdemeanor. This means that a violation will now be prosecuted in East Wenatchee Municipal Court, rather than Douglas County Superior Court. The statute encourages the prosecutor to divert cases for treatment rather than criminal prosecution. The criminal penalty expires on July 1, 2023. As amended, RCW 69.50.4013 makes it unlawful to knowingly possess a controlled substance. It changes the violation from a Class C felony to a misdemeanor. This means that a violation will now be prosecuted in East Wenatchee Municipal Court, rather than Douglas County Superior Court. The statute encourages the prosecutor to divert cases for treatment rather than criminal prosecution. The criminal penalty expires on July 1, 2023. As amended, RCW 69.50.4014 makes it unlawful for anyone under the age of 21 to knowingly possess forty grams or less of marijuana. A violation remains a misdemeanor, but the statute now encourages the prosecutor to divert cases for treatment rather than criminal prosecution. The criminal penalty expires on July 1, 2023. ESB 5476 also makes the following changes: 5/4/2021 City Council Agenda Packet Page 63 of 174 • It requires the Health Care Authority to establish the substance use recovery services advisory committee to make recommendations for implementation of a substance use recovery services plan, including recommended reforms to the law. • It requires the Health Care Authority to identify best practices for jurisdictions to implement and maintain a diversion program. • It requires the Health Care Authority to propose a funding framework for shifting resources from criminal punishment to treatment. • It requires the Health Care Authority to recommend the appropriate criminal legal response, if any, to possession of a controlled substance. • It requires the Health Care Authority to establish a grant program to provide treatment services. • It requires the Health Care Authority to establish a homeless outreach stabilization transition program. • It requires each behavioral health administrative services organization to establish a recovery navigator program. • It encourages a police officer to refer individuals with a mental disorder or a substance use disorder to treatment, as an alternative to arrest. • Requires all law enforcement personnel to complete training on law enforcement interaction with substance use disorders. Recommended Action: To make the City’s Municipal Code consistent with state law, the legal department recommends that the City adopt the amended statutes by reference. Exhibits: • King 5 Newspaper Article • ESB 5476 Financial Data: Expenditure Required Amount Budgeted Appropriation Required Unknown $ 0 Unknown 5/4/2021 City Council Agenda Packet Page 64 of 174 City of East Wenatchee Ordinance 2021-10 Page 1 of 5 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) City of East Wenatchee, Washington Ordinance No. 2021-10 An Ordinance of the City of East Wenatchee incorporating by reference sections of the Revised Code of Washington pertaining to criminal offense by amending Chapter 9.14 of the East Wenatchee Municipal Code. Una Ordenanza de la Ciudad de East Wenatchee que incorpora por referencia secciones del Código Revisado de Washington relativas a delitos penales mediante la enmienda del Capítulo 9.14 del Código Municipal de East Wenatchee. 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@eastwenatcheewa.gov, 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@eastwenatcheewa.gov 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. 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. 5/4/2021 City Council Agenda Packet Page 65 of 174 City of East Wenatchee Ordinance 2021-10 Page 2 of 5 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: 4. Amendment. The City Council amends Chapter 9.14 of the East Wenatchee Municipal Code to read: 9.14.010 State statutes adopted by reference. By reference, the City adopts the following state statutes (as enacted or as amended), including all future amendments: RCW 69.41.010 Definitions. 69.41.030 Sale, delivery, or possession of legend drug without prescription or order prohibited – Exceptions – Penalty. 69.41.300 Definitions. 69.41.350 Penalties. 69.43.110 Ephedrine, pseudoephedrine, phenylpropanolamine – Sales restrictions – Penalty. 69.43.120 Ephedrine, pseudoephedrine, phenylpropanolamine – Possession of more than fifteen grams – Penalty – Exceptions. 69.50.101 Definitions. 69.50.102 Drug paraphernalia – Definitions. 69.50.309 Containers. 69.50.401(2)(e) Prohibited acts: A – Penalties. 69.59.412 Prohibited acts: E—Penalties. 69.50.4011 Counterfeit substances—Penalties. 69.50.4012 Delivery of substance in lieu of controlled substance— Penalty. 5/4/2021 City Council Agenda Packet Page 66 of 174 City of East Wenatchee Ordinance 2021-10 Page 3 of 5 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) 69.50.4013 Possession of controlled substance—Penalty—Possession of useable marijuana, marijuana concentrates, or marijuana-infused products—Delivery. 69.50.4014 Possession of forty grams or less of marihuana. 69.50.402 Prohibited acts: B – Penalties. 69.50.505 Seizure and forfeiture. 69.50.506 Burden of proof; liabilities. 69.50.509 Search and seizure of controlled substances. 69.51A.060 Crimes – Limitations of chapter. 5. Repeal. The City Council repeals those provisions of any ordinance that is in conflict with the language of this ordinance. 6. Corrections. Upon approval by the City Attorney, the City Clerk and the code reviser may correct this Ordinance if it contains a clerical error; an incorrect reference to other local, state or federal laws, codes, rules or regulations; or an error in ordinance numbering, section number, or subsection numbering. 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. 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. 9. Effective Date. This Ordinance becomes effective five days after the date its summary is published. 5/4/2021 City Council Agenda Packet Page 67 of 174 City of East Wenatchee Ordinance 2021-10 Page 4 of 5 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) 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: __________ 5/4/2021 City Council Agenda Packet Page 68 of 174 City of East Wenatchee Ordinance 2021-10 Page 5 of 5 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Summary of City of East Wenatchee, Washington Ordinance No. 2021-10 On the _____ day of _______________________________, 2021, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2021-10, the main point of which may be summarized by its title as follows: An Ordinance of the City of East Wenatchee incorporating by reference sections of the Revised Code of Washington pertaining to criminal offense by amending Chapter 9.14 of the East Wenatchee Municipal Code. The full text of this Ordinance will be mailed upon request. Dated this ______ day of ___________________________, 2021. _____________________________ Maria Holman, City Clerk 5/4/2021 City Council Agenda Packet Page 69 of 174 4/26/2021 Lawmakers OK plan to overhaul Washington's approach to drugs | king5.com https://www.king5.com/article/news/local/washington-simple-drug-possession-law/281-cba6afd7-dbad-45af-8e42-7119f8e9a05f 1/4 We customize. You could save $947 Ad by Liberty Mutual Insurance See More LOCAL NEWS Under the measure, simple drug possession would be a misdemeanor, and local jurisdictions would have to provide treatment options. SEATTLE — Lawmakers have approved an overhaul of Washington’s approach to drug possession after the Washington Supreme Court struck down its previous law as unconstitutional. The bill makes simple possession of controlled substances a gross misdemeanor instead of a felony and mandates that local governments provide treatment options. Lawmakers OK plan to overhaul Washington's approach to drugs Author: Associated Press, KING 5 Staff Published: 7:21 PM PDT April 24, 2021 Updated: 7:35 AM PDT April 26, 2021 Washington close to overhauling drug possession laws 5/4/2021 City Council Agenda Packet Page 70 of 174 4/26/2021 Lawmakers OK plan to overhaul Washington's approach to drugs | king5.com https://www.king5.com/article/news/local/washington-simple-drug-possession-law/281-cba6afd7-dbad-45af-8e42-7119f8e9a05f 2/4 We customize. You could save $947 Ad by Liberty Mutual Insurance See More The bill also allows Washington courts to hire court commissioners to help amend the sentences of people who were convicted under the statute struck down by the state Supreme Court. The amended bill, SB 5476, was approved by both Chambers and will head to Gov. Jay Inslee's desk for a signature. The majority of Democrats in Olympia have seized on the court’s ruling in February as an opportunity to address some of the harm the war on drugs has caused, especially to communities of color. The provision that makes possession a misdemeanor expires in two years. The bill also aims to greatly expand access to treatment and outreach services. SB 5476 also earmarks $88.5 million for substance abuse recovery, mental health treatments, therapeutic alternatives to court and stabilization for people experiencing homelessness. Former King County prosecutor Bob Scales believes reducing possession of controlled substances a gross misdemeanor won't incentivize people to get into treatment. "And realistically, because the prosecutor has to divert the first two cases, it will essentially be more administrative work," said Scales. "But I don't think it will have any positive impact on public health or public safety." In February, the state Supreme Court struck down the simple drug possession law after a case of a Spokane woman who said she didn't know that there was methamphetamine in the pocket of a pair of jeans she got from a friend. Justices said that because the law didn't require proof that the woman knew that she was carrying drugs, that was in violation of her due process protections. Some Washington lawmakers want to focus on drug treatSome Washington lawmakers want to focus on drug treat…… 5/4/2021 City Council Agenda Packet Page 71 of 174 4/26/2021 Lawmakers OK plan to overhaul Washington's approach to drugs | king5.com https://www.king5.com/article/news/local/washington-simple-drug-possession-law/281-cba6afd7-dbad-45af-8e42-7119f8e9a05f 3/4 We customize. You could save $947 Ad by Liberty Mutual Insurance See More After the law was struck down, at least 18 people who were jailed for simple drug possession, had their sentences commuted by Inslee. Two days later, one of the people released, Randall Taufetee, was arrested for driving at speeds of 120 mph. Thurston County Deputies said that Taufetee told them, "Gov. Inslee let me out of prison early, and I wanted to have some fun." Related Articles Washington Supreme Court stands by ruling striking down drug possession law Some Washington lawmakers want to focus on drug treatment instead of punishment 'I wanted to have some fun': Washington man pardoned from prison by Inslee arrested two days later by TaboolaSponsored LinksYou May Like Gap LowerMyBills NMLS#167283; 3306 BetterBe NerdWallet Our New, Most Sustainable Capsule Yet Forget the 30yr mortgage if you owe less than $356K. (Do this instead) 20 Stunning Female Athletes The best credit cards of 2021 all in one place. Take your pick. Harry Potter Star Is Probably The Prettiest Woman In The World Simplify getting type 2 diabetes patients started Omnipod® for HCPs Learn more 5/4/2021 City Council Agenda Packet Page 72 of 174 4/26/2021 Lawmakers OK plan to overhaul Washington's approach to drugs | king5.com https://www.king5.com/article/news/local/washington-simple-drug-possession-law/281-cba6afd7-dbad-45af-8e42-7119f8e9a05f 4/4 We customize. You could save $947 Ad by Liberty Mutual Insurance See More Ad by Dell Technologies & Intel See More Flexible Leasing Solutions with Dell Financial Services Dell's compelling leasing benefits can help your business' bottom line. Spread acquisition costs over time with low periodic payments. Learn more. LOADING NEXT ARTICLE... BridesBlush 5/4/2021 City Council Agenda Packet Page 73 of 174 AN ACT Relating to responding to the State v. Blake decision by 1 addressing justice system responses and behavioral health prevention, 2 treatment, and related services for individuals using or possessing 3 controlled substances, counterfeit substances, and legend drugs; 4 amending RCW 69.50.4011, 69.50.4013, 69.50.4014, 69.41.030, 5 69.41.030, 69.50.412, 9.94A.518, 13.40.0357, 2.24.010, 2.24.040, 6 9.94A.728, and 10.64.110; reenacting and amending RCW 10.31.110; 7 adding new sections to chapter 71.24 RCW; adding a new section to 8 chapter 43.101 RCW; adding a new section to chapter 10.31 RCW; 9 creating a new section; prescribing penalties; making appropriations; 10 providing an effective date; providing expiration dates; and 11 declaring an emergency.12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:13 NEW SECTION. Sec. 1. A new section is added to chapter 71.24 14 RCW to read as follows:15 (1) The authority, in collaboration with the substance use 16 recovery services advisory committee established in subsection (2) of 17 this section, shall establish a substance use recovery services plan. 18 The purpose of the plan is to implement measures to assist persons 19 with substance use disorder in accessing outreach, treatment, and 20 recovery support services that are low barrier, person centered, 21 ENGROSSED SENATE BILL 5476 AS AMENDED BY THE HOUSE Passed Legislature - 2021 Regular Session State of Washington 67th Legislature 2021 Regular Session By Senators Dhingra, Hasegawa, Hunt, Kuderer, Lovelett, Nguyen, Pedersen, Rivers, Robinson, Saldaña, and Wellman Read first time 03/24/21. Referred to Committee on Ways & Means. p. 1 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 74 of 174 informed by people with lived experience, and culturally and 1 linguistically appropriate. The plan must articulate the manner in 2 which continual, rapid, and widespread access to a comprehensive 3 continuum of care will be provided to all persons with substance use 4 disorder.5 (2)(a) The authority shall establish the substance use recovery 6 services advisory committee to collaborate with the authority in the 7 development and implementation of the substance use recovery services 8 plan under this section. The authority must appoint members to the 9 advisory committee who have relevant background related to the needs 10 of persons with substance use disorder. The advisory committee shall 11 be reflective of the community of individuals living with substance 12 use disorder, including persons who are Black, indigenous, and 13 persons of color, persons with co-occurring substance use disorders 14 and mental health conditions, as well as persons who represent the 15 unique needs of rural communities. The advisory committee shall be 16 convened and chaired by the director of the authority, or the 17 director's designee. In addition to the member from the authority, 18 the advisory committee shall include:19 (i) One member and one alternate from each of the two largest 20 caucuses of the house of representatives, as appointed by the speaker 21 of the house of representatives;22 (ii) One member and one alternate from each of the two largest 23 caucuses of the senate, as appointed by the president of the senate;24 (iii) One representative of the governor's office;25 (iv) At least one adult in recovery from substance use disorder 26 who has experienced criminal legal consequences as a result of 27 substance use;28 (v) At least one youth in recovery from substance use disorder 29 who has experienced criminal legal consequences as a result of 30 substance use;31 (vi) One expert from the addictions, drug, and alcohol institute 32 at the University of Washington;33 (vii) One outreach services provider;34 (viii) One substance use disorder treatment provider;35 (ix) One peer recovery services provider;36 (x) One recovery housing provider;37 (xi) One expert in serving persons with co-occurring substance 38 use disorders and mental health conditions;39 p. 2 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 75 of 174 (xii) One expert in antiracism and equity in health care delivery 1 systems;2 (xiii) One employee who provides substance use disorder treatment 3 or services as a member of a labor union representing workers in the 4 behavioral health field;5 (xiv) One representative of the association of Washington health 6 plans;7 (xv) One expert in diversion from the criminal legal system to 8 community-based care for persons with substance use disorder;9 (xvi) One representative of public defenders;10 (xvii) One representative of prosecutors;11 (xviii) One representative of sheriffs and police chiefs;12 (xix) One representative of a federally recognized tribe; and13 (xx) One representative of local governments.14 (b) The advisory committee may create subcommittees with expanded 15 participation.16 (c) In its collaboration with the advisory committee to develop 17 the substance use recovery services plan, the authority must give due 18 consideration to the recommendations of the advisory committee. If 19 the authority determines that any of the advisory committee's 20 recommendations are not feasible to adopt and implement, the 21 authority must notify the advisory committee and offer an 22 explanation.23 (d) The advisory committee must convene as necessary for the 24 development of the substance use recovery services plan and to 25 provide consultation and advice related to the development and 26 adoption of rules to implement the plan. The advisory committee must 27 convene to monitor implementation of the plan and advise the 28 authority.29 (3) The plan must consider:30 (a) The points of intersection that persons with substance use 31 disorder have with the health care, behavioral health, criminal, 32 civil legal, and child welfare systems as well as the various 33 locations in which persons with untreated substance use disorder 34 congregate, including homeless encampments, motels, and casinos;35 (b) New community-based care access points, including crisis 36 stabilization services and the safe station model in partnership with 37 fire departments;38 (c) Current regional capacity for substance use disorder 39 assessments, including capacity for persons with co-occurring 40 p. 3 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 76 of 174 substance use disorders and mental health conditions, each of the 1 American society of addiction medicine levels of care, and recovery 2 support services;3 (d) Barriers to accessing the existing behavioral health system 4 and recovery support services for persons with untreated substance 5 use disorder, especially indigent youth and adult populations, 6 persons with co-occurring substance use disorders and mental health 7 conditions, and populations chronically exposed to criminal legal 8 system responses, and possible innovations that could improve the 9 quality and accessibility of care for those populations;10 (e) Evidence-based, research-based, and promising treatment and 11 recovery services appropriate for target populations, including 12 persons with co-occurring substance use disorders and mental health 13 conditions;14 (f) Options for leveraging existing integrated managed care, 15 medicaid waiver, American Indian or Alaska Native fee-for-service 16 behavioral health benefits, and private insurance service capacity 17 for substance use disorders, including but not limited to 18 coordination with managed care organizations, behavioral health 19 administrative services organizations, the Washington health benefit 20 exchange, accountable communities of health, and the office of the 21 insurance commissioner;22 (g) Framework and design assistance for jurisdictions to assist 23 in compliance with the requirements of RCW 10.31.110 for diversion of 24 individuals with complex or co-occurring behavioral health conditions 25 to community-based care whenever possible and appropriate, and 26 identifying resource gaps that impede jurisdictions in fully 27 realizing the potential impact of this approach;28 (h) The design of recovery navigator programs in section 2 of 29 this act, including reporting requirements by behavioral health 30 administrative services organizations to monitor the effectiveness of 31 the programs and recommendations for program improvement;32 (i) The proposal of a funding framework in which, over time, 33 resources are shifted from punishment sectors to community-based care 34 interventions such that community-based care becomes the primary 35 strategy for addressing and resolving public order issues related to 36 behavioral health conditions;37 (j) Strategic grant making to community organizations to promote 38 public understanding and eradicate stigma and prejudice against 39 p. 4 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 77 of 174 persons with substance use disorder by promoting hope, empathy, and 1 recovery;2 (k) Recommendations for diversion to community-based care for 3 individuals with substance use disorders, including persons with co-4 occurring substance use disorders and mental health conditions, 5 across all points of the sequential intercept model;6 (l) Recommendations regarding the appropriate criminal legal 7 system response, if any, to possession of controlled substances;8 (m) Recommendations regarding the collection and reporting of 9 data that identifies the number of persons law enforcement officers 10 and prosecutors engage related to drug possession and disparities 11 across geographic areas, race, ethnicity, gender, age, sexual 12 orientation, and income. The recommendations shall include, but not 13 be limited to, the number and rate of persons who are diverted from 14 charges to recovery navigator services or other services, who receive 15 services and what type of services, who are charged with simple 16 possession, and who are taken into custody; and17 (n) The design of a mechanism for referring persons with 18 substance use disorder or problematic behaviors resulting from 19 substance use into the supportive services described in section 2 of 20 this act.21 (4) The plan and related rules adopted by the authority must give 22 due consideration to persons with co-occurring substance use 23 disorders and mental health conditions and the needs of youth. The 24 plan must include the substance use outreach, treatment, and recovery 25 services outlined in sections 2 through 4 of this act which must be 26 available in or accessible by all jurisdictions. These services must 27 be equitably distributed across urban and rural settings. If feasible 28 and appropriate, service initiation shall be made available on demand 29 through 24-hour, seven days a week peer recovery coach response, 30 behavioral health walk-in centers, or other innovative rapid response 31 models. These services must, at a minimum, incorporate the following 32 principles: Establish low barriers to entry and reentry; improve the 33 health and safety of the individual; reduce the harm of substance use 34 and related activity for the public; include integrated and 35 coordinated services; incorporate structural competency and 36 antiracism; use noncoercive methods of engaging and retaining people 37 in treatment and recovery services, including contingency management; 38 consider the unique needs of rural communities; and have a focus on 39 services that increase social determinants of health.40 p. 5 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 78 of 174 (5) In developing the plan, the authority shall:1 (a) Align the components of the plan with previous and ongoing 2 studies, plans, and reports, including the Washington state opioid 3 overdose and response plan, published by the authority, the roadmap 4 to recovery planning grant strategy being developed by the authority, 5 and plans associated with federal block grants; and6 (b) Coordinate its work with the efforts of the blue ribbon 7 commission on the intersection of the criminal justice and behavioral 8 health crisis systems and the crisis response improvement strategy 9 committee established in chapter . . ., Laws of 2021 (Engrossed 10 Second Substitute House Bill No. 1477).11 (6) The authority must submit a preliminary report by December 1, 12 2021, regarding progress toward the substance use recovery services 13 plan. The authority must submit the final substance use recovery 14 services plan to the governor and the legislature by December 1, 15 2022. After submitting the plan, the authority shall adopt rules and 16 enter into contracts with providers to implement the plan by December 17 1, 2023. In addition to seeking public comment under chapter 34.05 18 RCW, the authority must adopt rules in accordance with the 19 recommendations of the substance use recovery services advisory 20 committee as provided in subsection (2) of this section.21 (7) In consultation with the substance use recovery services 22 advisory committee, the authority must submit a report on the 23 implementation of the substance use recovery services plan to the 24 appropriate committees of the legislature and governor by December 25 1st of each year, beginning in 2023. This report shall include 26 progress on the substance use disorder continuum of care, including 27 availability of outreach, treatment, and recovery support services 28 statewide.29 (8) For the purposes of this section, "recovery support services" 30 means a collection of resources that sustain long-term recovery from 31 substance use disorder, including for persons with co-occurring 32 substance use disorders and mental health conditions, recovery 33 housing, permanent supportive housing, employment and education 34 pathways, peer supports and recovery coaching, family education, 35 technological recovery supports, transportation and child care 36 assistance, and social connectedness.37 (9) This section expires December 31, 2026.38 p. 6 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 79 of 174 NEW SECTION. Sec. 2. A new section is added to chapter 71.24 1 RCW to read as follows:2 (1) Each behavioral health administrative services organization 3 shall establish a recovery navigator program. The program shall 4 provide community-based outreach, intake, assessment, and connection 5 to services and, as appropriate, long-term intensive case management 6 and recovery coaching services, to youth and adults with substance 7 use disorder, including for persons with co-occurring substance use 8 disorders and mental health conditions, who are referred to the 9 program from diverse sources and shall facilitate and coordinate 10 connections to a broad range of community resources for youth and 11 adults with substance use disorder, including treatment and recovery 12 support services.13 (2) The authority shall establish uniform program standards for 14 behavioral health administrative services organizations to follow in 15 the design of their recovery navigator programs. The uniform program 16 standards must be modeled upon the components of the law enforcement 17 assisted diversion program and address project management, field 18 engagement, biopsychosocial assessment, intensive case management and 19 care coordination, stabilization housing when available and 20 appropriate, and, as necessary, legal system coordination. The 21 authority must adopt the uniform program standards from the 22 components of the law enforcement assisted diversion program to 23 accommodate an expanded population of persons with substance use 24 disorders, including persons with co-occurring substance use 25 disorders and mental health conditions, and allow for referrals from 26 a broad range of sources. In addition to accepting referrals from law 27 enforcement, the uniform program standards must provide guidance for 28 accepting referrals on behalf of persons with substance use 29 disorders, including persons with co-occurring substance use 30 disorders and mental health conditions, from various sources 31 including, but not limited to, self-referral, family members of the 32 individual, emergency department personnel, persons engaged with 33 serving homeless persons, including those living unsheltered or in 34 encampments, fire department personnel, emergency medical service 35 personnel, community-based organizations, members of the business 36 community, harm reduction program personnel, faith-based organization 37 staff, and other sources within the criminal legal system, as 38 outlined within the sequential intercept model. In developing 39 response time requirements within the statewide program standards, 40 p. 7 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 80 of 174 the authority shall require, subject to the availability of amounts 1 appropriated for this specific purpose, that responses to referrals 2 from law enforcement occur immediately for in-custody referrals and 3 shall strive for rapid response times to other appropriate settings 4 such as emergency departments.5 (3) Subject to the availability of amounts appropriated for this 6 specific purpose, the authority shall provide funding to each 7 behavioral health administrative services organization for the 8 development of its recovery navigator program. Before receiving 9 funding for implementation and ongoing administration, each 10 behavioral health administrative services organization must submit a 11 program plan that demonstrates the ability to fully comply with 12 statewide program standards. The authority shall establish a schedule 13 for the regular review of behavioral health administrative services 14 organizations' programs. The authority shall arrange for technical 15 assistance to be provided by the LEAD national support bureau to all 16 behavioral health administrative services organizations.17 (4) Each behavioral health administrative services organization 18 must have a substance use disorder regional administrator for its 19 recovery navigator program. The regional administrator shall be 20 responsible for assuring compliance with program standards, including 21 staffing standards. Each recovery navigator program must maintain a 22 sufficient number of appropriately trained personnel for providing 23 intake and referral services, conducting comprehensive 24 biopsychosocial assessments, providing intensive case management 25 services, and making warm handoffs to treatment and recovery support 26 services along the continuum of care. Program staff must include 27 people with lived experience with substance use disorder to the 28 extent possible. The substance use disorder regional administrator 29 must assure that staff who are conducting intake and referral 30 services and field assessments are paid a livable and competitive 31 wage and have appropriate initial training and receive continuing 32 education.33 (5) Each recovery navigator program must submit quarterly reports 34 to the authority with information identified by the authority and the 35 substance use recovery services advisory committee. The reports must 36 be provided to the substance use recovery services advisory committee 37 for discussion at meetings following the submission of the reports.38 p. 8 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 81 of 174 NEW SECTION. Sec. 3. A new section is added to chapter 71.24 1 RCW to read as follows:2 (1) Subject to the availability of amounts appropriated for this 3 specific purpose, the authority shall establish a grant program to:4 (a) Provide treatment services for low-income individuals with 5 substance use disorder who are not eligible for medical assistance 6 programs under chapter 74.09 RCW, with priority for the use of the 7 funds for very low-income individuals; and8 (b) Provide treatment services that are not eligible for federal 9 matching funds to individuals who are enrolled in medical assistance 10 programs under chapter 74.09 RCW.11 (2) In establishing the grant program, the authority shall 12 consult with the substance use recovery services advisory committee 13 established in section 1 of this act, behavioral health 14 administrative services organizations, managed care organizations, 15 and regional behavioral health providers to adopt regional standards 16 that are consistent with the substance use recovery services plan 17 developed under section 1 of this act to provide sufficient access 18 for youth and adults to meet each region's needs for:19 (a) Opioid use disorder treatment programs;20 (b) Low-barrier buprenorphine clinics;21 (c) Outpatient substance use disorder treatment;22 (d) Withdrawal management services, including both subacute and 23 medically managed withdrawal management;24 (e) Secure withdrawal management and stabilization services;25 (f) Inpatient substance use disorder treatment services;26 (g) Inpatient co-occurring disorder treatment services; and27 (h) Behavioral health crisis walk-in and drop-off services.28 (3) Funds in the grant program must be used to reimburse 29 providers for the provision of services to individuals identified in 30 subsection (1) of this section. The authority may use the funds to 31 support evidence-based practices and promising practices that are not 32 reimbursed by medical assistance or private insurance, including 33 contingency management. In addition, funds may be used to provide 34 assistance to organizations to establish or expand services as 35 reasonably necessary and feasible to increase the availability of 36 services to achieve the regional access standards developed under 37 subsection (2) of this section, including such items as training and 38 recruitment of personnel, reasonable modifications to existing 39 facilities to accommodate additional clients, start-up funding, and 40 p. 9 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 82 of 174 similar forms of assistance. Funds may not be used to support the 1 ongoing operational costs of a provider or organization, except in 2 relation to payments for specific service encounters with an 3 individual identified in subsection (1) of this section or for 4 noninsurance reimbursable services.5 (4) The authority must establish regional access standards under 6 subsection (2) of this section, subject to the availability of 7 amounts appropriated for this specific purpose, by January 1, 2023, 8 and begin distributing grant funds by March 1, 2023.9 NEW SECTION. Sec. 4. A new section is added to chapter 71.24 10 RCW to read as follows:11 (1) Subject to the availability of amounts appropriated for this 12 specific purpose, the authority shall establish the expanded recovery 13 support services program to increase access to recovery services for 14 individuals in recovery from substance use disorder.15 (2) In establishing the program, the authority shall consult with 16 the substance use recovery services advisory committee established in 17 section 1 of this act, behavioral health administrative services 18 organizations, regional behavioral health providers, and regional 19 community organizations that support individuals in recovery from 20 substance use disorders, including individuals with co-occurring 21 substance use disorders and mental health conditions, to adopt 22 regional expanded recovery plans that are consistent with the 23 substance use recovery services plan developed under section 1 of 24 this act to provide sufficient access for youth and adults to meet 25 each region's needs for:26 (a) Recovery housing;27 (b) Employment pathways, support, training, and job placement, 28 including evidence-based supported employment program services;29 (c) Education pathways, including recovery high schools and 30 collegiate recovery programs;31 (d) Recovery coaching and substance use disorder peer support;32 (e) Social connectedness initiatives, including the recovery café 33 model;34 (f) Family support services, including family reconciliation 35 services;36 (g) Technology-based recovery support services;37 (h) Transportation assistance; and38 (i) Legal support services.39 p. 10 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 83 of 174 (3) Funds in the expanded recovery support services program must 1 be used to reimburse providers for the provision of services to 2 individuals in recovery from substance use disorders, including 3 individuals with co-occurring substance use disorders and mental 4 health conditions. In addition, the funds may be used to provide 5 assistance to organizations to establish or expand recovery support 6 services as reasonably necessary and feasible to increase the 7 availability of services to achieve the regional expanded recovery 8 plans developed under subsection (2) of this section, including such 9 items as training and recruitment of personnel, reasonable 10 modifications to existing facilities to accommodate additional 11 clients, and similar forms of assistance.12 (4) The authority must establish regional expanded recovery plans 13 under subsection (2) of this section, subject to the availability of 14 amounts appropriated for this specific purpose, by January 1, 2023, 15 and begin distributing grant funds by March 1, 2023.16 NEW SECTION. Sec. 5. A new section is added to chapter 71.24 17 RCW to read as follows:18 (1) Subject to the availability of amounts appropriated for this 19 specific purpose, the authority shall establish a homeless outreach 20 stabilization transition program to expand access to modified 21 assertive community treatment services provided by multidisciplinary 22 behavioral health outreach teams to serve people who are living with 23 serious substance use disorders or co-occurring substance use 24 disorders and mental health conditions, are experiencing 25 homelessness, and whose severity of behavioral health symptom acuity 26 level creates a barrier to accessing and receiving conventional 27 behavioral health services and outreach models.28 (a) In establishing the program, the authority shall consult with 29 behavioral health outreach organizations who have experience 30 delivering this service model in order to establish program 31 guidelines regarding multidisciplinary team staff types, service 32 intensity and quality fidelity standards, and criteria to ensure 33 programs are reaching the appropriate priority population.34 (b) Funds for the homeless outreach stabilization transition 35 program must be used to reimburse organizations for the provision of 36 multidisciplinary outreach services to individuals who are living 37 with substance use disorders or co-occurring substance use and mental 38 health disorders and are experiencing homelessness or transitioning 39 p. 11 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 84 of 174 from homelessness to housing. The funds may be used to provide 1 assistance to organizations to establish or expand services as 2 reasonably necessary to create a homeless outreach stabilization 3 transition program, including items such as training and recruitment 4 of personnel, outreach and engagement resources, client engagement 5 and health supplies, medications for people who do not have access to 6 insurance, and similar forms of assistance.7 (c) The authority must establish one or more homeless outreach 8 stabilization transition programs by January 1, 2024, and begin 9 distributing grant funds by March 1, 2024.10 (2) Subject to the availability of amounts appropriated for this 11 specific purpose, the authority shall establish a project for 12 psychiatric outreach to the homeless program to expand access to 13 behavioral health medical services for people who are experiencing 14 homelessness and living in permanent supportive housing.15 (a) In establishing the program, the authority shall consult with 16 behavioral health medical providers, homeless service providers, and 17 permanent supportive housing providers that support people living 18 with substance use disorders, co-occurring substance use and mental 19 health conditions, and people who are currently or have formerly 20 experienced homelessness.21 (b) Funds for the project for psychiatric outreach to the 22 homeless program must be used to reimburse organizations for the 23 provision of medical services to individuals who are living with or 24 in recovery from substance use disorders, co-occurring substance use 25 and mental health disorders, or other behavioral and physical health 26 conditions. Organizations must provide medical services to people who 27 are experiencing homelessness or are living in permanent supportive 28 housing and would be at risk of homelessness without access to 29 appropriate services. The funds may be used to provide assistance to 30 organizations to establish or expand behavioral health medical 31 services as reasonably necessary to create a project for psychiatric 32 outreach to the homeless program, including items such as training 33 and recruitment of personnel, outreach and engagement resources, 34 medical equipment and health supplies, medications for people who do 35 not have access to insurance, and similar forms of assistance.36 (c) The authority must establish one or more projects for 37 psychiatric outreach to the homeless programs by January 1, 2024, and 38 begin distributing grant funds by March 1, 2024.39 p. 12 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 85 of 174 (3) Subject to the availability of amounts appropriated for this 1 specific purpose, the authority shall increase contingency management 2 resources for opioid treatment networks that are serving people 3 living with co-occurring stimulant use and opioid use disorder.4 (4) Subject to the availability of amounts appropriated for this 5 specific purpose, the authority shall develop a plan for implementing 6 a comprehensive statewide substance misuse prevention effort. The 7 plan must be completed by January 1, 2024.8 (5) Subject to the availability of amounts appropriated for this 9 specific purpose, the authority shall administer a competitive grant 10 process to broaden existing local community coalition efforts to 11 prevent substance misuse by increasing relevant protective factors 12 while decreasing risk factors. Coalitions are to be open to all 13 stakeholders interested in substance misuse prevention, including, 14 but not limited to, representatives from people in recovery, law 15 enforcement, education, behavioral health, parent organizations, 16 treatment organizations, organizations serving youth, prevention 17 professionals, and business.18 Sec. 6. RCW 10.31.110 and 2019 c 326 s 3 and 2019 c 325 s 5004 19 are each reenacted and amended to read as follows:20 (1) When a police officer has reasonable cause to believe that 21 the individual has committed acts constituting a crime, and the 22 individual is known by history or consultation with the behavioral 23 health administrative services organization, managed care 24 organization, ((behavioral health administrative services 25 organization,)) crisis hotline, ((or)) local crisis services 26 providers, or community health providers to ((suffer from)) have a 27 mental disorder or substance use disorder, in addition to existing 28 authority under state law or local policy, as an alternative to 29 arrest, the arresting officer is authorized and encouraged to:30 (a) Take the individual to a crisis stabilization unit as defined 31 in RCW 71.05.020. Individuals delivered to a crisis stabilization 32 unit pursuant to this section may be held by the facility for a 33 period of up to twelve hours. The individual must be examined by a 34 mental health professional or substance use disorder professional 35 within three hours of arrival;36 (b) Take the individual to a triage facility as defined in RCW 37 71.05.020. An individual delivered to a triage facility which has 38 elected to operate as an involuntary facility may be held up to a 39 p. 13 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 86 of 174 period of twelve hours. The individual must be examined by a mental 1 health professional or substance use disorder professional within 2 three hours of arrival;3 (c) Refer the individual to a ((mental health professional)) 4 designated crisis responder for evaluation for initial detention and 5 proceeding under chapter 71.05 RCW; ((or))6 (d) Release the individual upon agreement to voluntary 7 participation in outpatient treatment;8 (e) Refer the individual to youth, adult, or geriatric mobile 9 crisis response services, as appropriate; or10 (f) Refer the individual to the regional entity responsible to 11 receive referrals in lieu of legal system involvement, including the 12 recovery navigator program described in section 2 of this act.13 (2) If the individual is released to the community from the 14 facilities in subsection (1)(a) through (c) of this section, the 15 mental health provider or substance use disorder professional shall 16 make reasonable efforts to inform the arresting officer of the 17 planned release prior to release if the arresting officer has 18 specifically requested notification and provided contact information 19 to the provider.20 (3) In deciding whether to refer the individual to treatment 21 under this section, the police officer must be guided by local law 22 enforcement diversion guidelines for behavioral health developed and 23 mutually agreed upon with the prosecuting authority with an 24 opportunity for consultation and comment by the defense bar and 25 disability community. These guidelines must address, at a minimum, 26 the length, seriousness, and recency of the known criminal history of 27 the individual, the mental health history of the individual, if 28 available, the substance use disorder history of the individual, if 29 available, the opinions of a mental health professional, if 30 available, the opinions of a substance use disorder professional, if 31 available, and the circumstances surrounding the commission of the 32 alleged offense. The guidelines must include a process for clearing 33 outstanding warrants or referring the individual for assistance in 34 clearing outstanding warrants, if any, and issuing a new court date, 35 if appropriate, without booking or incarcerating the individual or 36 disqualifying ((him or her)) the individual from referral to 37 treatment under this section, and define the circumstances under 38 which such action is permissible. Referrals to services, care, and 39 treatment for substance use disorder must be made in accordance with 40 p. 14 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 87 of 174 protocols developed for the recovery navigator program described in 1 section 2 of this act.2 (4) Any agreement to participate in treatment or services in lieu 3 of jail booking or referring a case for prosecution shall not require 4 individuals to stipulate to any of the alleged facts regarding the 5 criminal activity as a prerequisite to participation in ((a mental 6 health treatment)) the alternative response described in this 7 section. ((The)) Any agreement is inadmissible in any criminal or 8 civil proceeding. ((The agreement does)) Such agreements do not 9 create immunity from prosecution for the alleged criminal activity.10 (5) If ((an individual violates such agreement and the mental 11 health treatment alternative is no longer appropriate)) there are 12 required terms of participation in the services or treatment to which 13 an individual was referred under this section, and if the individual 14 violates such terms and is therefore no longer participating in 15 services:16 (a) The ((mental health)) behavioral health or service provider 17 shall inform the referring law enforcement agency of the violation, 18 if consistent with the terms of the program and applicable law; and19 (b) The original charges may be filed or referred to the 20 prosecutor, as appropriate, and the matter may proceed accordingly, 21 unless filing or referring the charges is inconsistent with the terms 22 of a local diversion program or a recovery navigator program 23 described in section 2 of this act.24 (6) The police officer is immune from liability for any good 25 faith conduct under this section.26 NEW SECTION. Sec. 7. A new section is added to chapter 43.101 27 RCW to read as follows:28 (1) Beginning July 1, 2022, all law enforcement personnel 29 required to complete basic law enforcement training under RCW 30 43.101.200 must receive training on law enforcement interaction with 31 persons with substance use disorders, including persons with co-32 occurring substance use disorders and mental health conditions, and 33 referral to treatment and recovery services and the unique referral 34 processes for youth, as part of the basic law enforcement training. 35 The training must be developed by the commission in collaboration 36 with the University of Washington behavioral health institute and 37 agencies that have expertise in the area of working with persons with 38 substance use disorders, including law enforcement diversion of such 39 p. 15 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 88 of 174 individuals to community-based care. In developing the training, the 1 commission must also examine existing courses certified by the 2 commission that relate to persons with a substance use disorder, and 3 should draw on existing training partnerships with the Washington 4 association of sheriffs and police chiefs.5 (2) The training must consist of classroom instruction or 6 internet instruction and shall replicate likely field situations to 7 the maximum extent possible. The training should include, at a 8 minimum, core instruction in all of the following:9 (a) Proper procedures for referring persons to the recovery 10 navigator program in accordance with section 2 of this act;11 (b) The etiology of substance use disorders, including the role 12 of trauma;13 (c) Barriers to treatment engagement experienced by many with 14 such disorders who have contact with the legal system;15 (d) How to identify indicators of substance use disorder and how 16 to respond appropriately in a variety of common situations;17 (e) Conflict resolution and de-escalation techniques for 18 potentially dangerous situations involving persons with a substance 19 use disorder;20 (f) Appropriate language usage when interacting with persons with 21 a substance use disorder;22 (g) Alternatives to lethal force when interacting with 23 potentially dangerous persons with a substance use disorder;24 (h) The principles of recovery and the multiple pathways to 25 recovery; and26 (i) Community and state resources available to serve persons with 27 substance use disorders and how these resources can be best used by 28 law enforcement to support persons with a substance use disorder in 29 their communities.30 (3) In addition to incorporation into the basic law enforcement 31 training under RCW 43.101.200, training must be made available to law 32 enforcement agencies, through electronic means, for use during in-33 service training.34 Sec. 8. RCW 69.50.4011 and 2003 c 53 s 332 are each amended to 35 read as follows:36 (1) Except as authorized by this chapter, it is unlawful for 37 ((any)):38 p. 16 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 89 of 174 (a) Any person to create((,)) or deliver((, or possess)) a 1 counterfeit substance; or2 (b) Any person to knowingly possess a counterfeit substance.3 (2) Any person who violates subsection (1)(a) of this section 4 with respect to:5 (a) A counterfeit substance classified in Schedule I or II which 6 is a narcotic drug, or flunitrazepam classified in Schedule IV, is 7 guilty of a class B felony and upon conviction may be imprisoned for 8 not more than ten years, fined not more than twenty-five thousand 9 dollars, or both;10 (b) A counterfeit substance which is methamphetamine, is guilty 11 of a class B felony and upon conviction may be imprisoned for not 12 more than ten years, fined not more than twenty-five thousand 13 dollars, or both;14 (c) Any other counterfeit substance classified in Schedule I, II, 15 or III, is guilty of a class C felony punishable according to chapter 16 9A.20 RCW;17 (d) A counterfeit substance classified in Schedule IV, except 18 flunitrazepam, is guilty of a class C felony punishable according to 19 chapter 9A.20 RCW;20 (e) A counterfeit substance classified in Schedule V, is guilty 21 of a class C felony punishable according to chapter 9A.20 RCW.22 (3) A violation of subsection (1)(b) of this section is a 23 misdemeanor. The prosecutor is encouraged to divert such cases for 24 assessment, treatment, or other services.25 Sec. 9. RCW 69.50.4013 and 2017 c 317 s 15 are each amended to 26 read as follows:27 (1) It is unlawful for any person to knowingly possess a 28 controlled substance unless the substance was obtained directly from, 29 or pursuant to, a valid prescription or order of a practitioner while 30 acting in the course of his or her professional practice, or except 31 as otherwise authorized by this chapter.32 (2) Except as provided in RCW 69.50.4014, any person who violates 33 this section is guilty of a ((class C felony punishable under chapter 34 9A.20 RCW)) misdemeanor.35 (3) The prosecutor is encouraged to divert cases under this 36 section for assessment, treatment, or other services.37 (4)(a) The possession, by a person twenty-one years of age or 38 older, of useable marijuana, marijuana concentrates, or marijuana-39 p. 17 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 90 of 174 infused products in amounts that do not exceed those set forth in RCW 1 69.50.360(3) is not a violation of this section, this chapter, or any 2 other provision of Washington state law.3 (b) The possession of marijuana, useable marijuana, marijuana 4 concentrates, and marijuana-infused products being physically 5 transported or delivered within the state, in amounts not exceeding 6 those that may be established under RCW 69.50.385(3), by a licensed 7 employee of a common carrier when performing the duties authorized in 8 accordance with RCW 69.50.382 and 69.50.385, is not a violation of 9 this section, this chapter, or any other provision of Washington 10 state law.11 (((4))) (5)(a) The delivery by a person twenty-one years of age 12 or older to one or more persons twenty-one years of age or older, 13 during a single twenty-four hour period, for noncommercial purposes 14 and not conditioned upon or done in connection with the provision or 15 receipt of financial consideration, of any of the following marijuana 16 products, is not a violation of this section, this chapter, or any 17 other provisions of Washington state law:18 (i) One-half ounce of useable marijuana;19 (ii) Eight ounces of marijuana-infused product in solid form;20 (iii) Thirty-six ounces of marijuana-infused product in liquid 21 form; or22 (iv) Three and one-half grams of marijuana concentrates.23 (b) The act of delivering marijuana or a marijuana product as 24 authorized under this subsection (((4))) (5) must meet one of the 25 following requirements:26 (i) The delivery must be done in a location outside of the view 27 of general public and in a nonpublic place; or28 (ii) The marijuana or marijuana product must be in the original 29 packaging as purchased from the marijuana retailer.30 (((5))) (6) No person under twenty-one years of age may possess, 31 manufacture, sell, or distribute marijuana, marijuana-infused 32 products, or marijuana concentrates, regardless of THC concentration. 33 This does not include qualifying patients with a valid authorization.34 (((6))) (7) The possession by a qualifying patient or designated 35 provider of marijuana concentrates, useable marijuana, marijuana-36 infused products, or plants in accordance with chapter 69.51A RCW is 37 not a violation of this section, this chapter, or any other provision 38 of Washington state law.39 p. 18 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 91 of 174 Sec. 10. RCW 69.50.4014 and 2015 2nd sp.s. c 4 s 505 are each 1 amended to read as follows:2 Except as provided in RCW 69.50.401(2)(c) or as otherwise 3 authorized by this chapter, any person found guilty of knowing 4 possession of forty grams or less of marijuana is guilty of a 5 misdemeanor. The prosecutor is encouraged to divert cases under this 6 section for assessment, treatment, or other services.7 Sec. 11. RCW 69.41.030 and 2019 c 55 s 9 are each amended to 8 read as follows:9 (1) It shall be unlawful for any person to sell, deliver, or 10 knowingly possess any legend drug except upon the order or 11 prescription of a physician under chapter 18.71 RCW, an osteopathic 12 physician and surgeon under chapter 18.57 RCW, an optometrist 13 licensed under chapter 18.53 RCW who is certified by the optometry 14 board under RCW 18.53.010, a dentist under chapter 18.32 RCW, a 15 podiatric physician and surgeon under chapter 18.22 RCW, a 16 veterinarian under chapter 18.92 RCW, a commissioned medical or 17 dental officer in the United States armed forces or public health 18 service in the discharge of his or her official duties, a duly 19 licensed physician or dentist employed by the veterans administration 20 in the discharge of his or her official duties, a registered nurse or 21 advanced registered nurse practitioner under chapter 18.79 RCW when 22 authorized by the nursing care quality assurance commission, a 23 pharmacist licensed under chapter 18.64 RCW to the extent permitted 24 by drug therapy guidelines or protocols established under RCW 25 18.64.011 and authorized by the commission and approved by a 26 practitioner authorized to prescribe drugs, an osteopathic physician 27 assistant under chapter 18.57A RCW when authorized by the board of 28 osteopathic medicine and surgery, a physician assistant under chapter 29 18.71A RCW when authorized by the Washington medical commission, or 30 any of the following professionals in any province of Canada that 31 shares a common border with the state of Washington or in any state 32 of the United States: A physician licensed to practice medicine and 33 surgery or a physician licensed to practice osteopathic medicine and 34 surgery, a dentist licensed to practice dentistry, a podiatric 35 physician and surgeon licensed to practice podiatric medicine and 36 surgery, a licensed advanced registered nurse practitioner, a 37 licensed physician assistant, a licensed osteopathic physician 38 assistant, or a veterinarian licensed to practice veterinary 39 p. 19 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 92 of 174 medicine: PROVIDED, HOWEVER, That the above provisions shall not 1 apply to sale, delivery, or possession by drug wholesalers or drug 2 manufacturers, or their agents or employees, or to any practitioner 3 acting within the scope of his or her license, or to a common or 4 contract carrier or warehouse operator, or any employee thereof, 5 whose possession of any legend drug is in the usual course of 6 business or employment: PROVIDED FURTHER, That nothing in this 7 chapter or chapter 18.64 RCW shall prevent a family planning clinic 8 that is under contract with the health care authority from selling, 9 delivering, possessing, and dispensing commercially prepackaged oral 10 contraceptives prescribed by authorized, licensed health care 11 practitioners: PROVIDED FURTHER, That nothing in this chapter 12 prohibits possession or delivery of legend drugs by an authorized 13 collector or other person participating in the operation of a drug 14 take-back program authorized in chapter 69.48 RCW.15 (2)(a) A violation of this section involving the sale, delivery, 16 or possession with intent to sell or deliver is a class B felony 17 punishable according to chapter 9A.20 RCW.18 (b) A violation of this section involving possession is a 19 misdemeanor. The prosecutor is encouraged to divert such cases for 20 assessment, treatment, or other services.21 Sec. 12. RCW 69.41.030 and 2020 c 80 s 41 are each amended to 22 read as follows:23 (1) It shall be unlawful for any person to sell, deliver, or 24 knowingly possess any legend drug except upon the order or 25 prescription of a physician under chapter 18.71 RCW, an osteopathic 26 physician and surgeon under chapter 18.57 RCW, an optometrist 27 licensed under chapter 18.53 RCW who is certified by the optometry 28 board under RCW 18.53.010, a dentist under chapter 18.32 RCW, a 29 podiatric physician and surgeon under chapter 18.22 RCW, a 30 veterinarian under chapter 18.92 RCW, a commissioned medical or 31 dental officer in the United States armed forces or public health 32 service in the discharge of his or her official duties, a duly 33 licensed physician or dentist employed by the veterans administration 34 in the discharge of his or her official duties, a registered nurse or 35 advanced registered nurse practitioner under chapter 18.79 RCW when 36 authorized by the nursing care quality assurance commission, a 37 pharmacist licensed under chapter 18.64 RCW to the extent permitted 38 by drug therapy guidelines or protocols established under RCW 39 p. 20 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 93 of 174 18.64.011 and authorized by the commission and approved by a 1 practitioner authorized to prescribe drugs, a physician assistant 2 under chapter 18.71A RCW when authorized by the Washington medical 3 commission, or any of the following professionals in any province of 4 Canada that shares a common border with the state of Washington or in 5 any state of the United States: A physician licensed to practice 6 medicine and surgery or a physician licensed to practice osteopathic 7 medicine and surgery, a dentist licensed to practice dentistry, a 8 podiatric physician and surgeon licensed to practice podiatric 9 medicine and surgery, a licensed advanced registered nurse 10 practitioner, a licensed physician assistant, or a veterinarian 11 licensed to practice veterinary medicine: PROVIDED, HOWEVER, That the 12 above provisions shall not apply to sale, delivery, or possession by 13 drug wholesalers or drug manufacturers, or their agents or employees, 14 or to any practitioner acting within the scope of his or her license, 15 or to a common or contract carrier or warehouse operator, or any 16 employee thereof, whose possession of any legend drug is in the usual 17 course of business or employment: PROVIDED FURTHER, That nothing in 18 this chapter or chapter 18.64 RCW shall prevent a family planning 19 clinic that is under contract with the health care authority from 20 selling, delivering, possessing, and dispensing commercially 21 prepackaged oral contraceptives prescribed by authorized, licensed 22 health care practitioners: PROVIDED FURTHER, That nothing in this 23 chapter prohibits possession or delivery of legend drugs by an 24 authorized collector or other person participating in the operation 25 of a drug take-back program authorized in chapter 69.48 RCW.26 (2)(a) A violation of this section involving the sale, delivery, 27 or possession with intent to sell or deliver is a class B felony 28 punishable according to chapter 9A.20 RCW.29 (b) A violation of this section involving possession is a 30 misdemeanor. The prosecutor is encouraged to divert such cases for 31 assessment, treatment, or other services.32 NEW SECTION. Sec. 13. A new section is added to chapter 10.31 33 RCW to read as follows:34 (1) For all individuals who otherwise would be subject to arrest 35 for possession of a counterfeit substance under RCW 69.50.4011, 36 possession of a controlled substance under RCW 69.50.4013, possession 37 of 40 grams or less of marijuana under RCW 69.50.4014, or possession 38 of a legend drug under RCW 69.41.030(2)(b), in lieu of jail booking 39 p. 21 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 94 of 174 and referral to the prosecutor, law enforcement shall offer a 1 referral to assessment and services available pursuant to RCW 2 10.31.110 or other program or entity responsible for receiving 3 referrals in lieu of legal system involvement, which may include the 4 recovery navigator program established under section 2 of this act.5 (2) If law enforcement agency records reflect that an individual 6 has been diverted to referral for assessment and services twice or 7 more previously, officers may, but are not required to, make 8 additional diversion efforts.9 (3) Nothing in this section precludes prosecutors from diverting 10 or declining to file any charges for possession offenses that are 11 referred under RCW 69.50.4011, 69.50.4013, 69.50.4014, or 12 69.41.030(2)(b) in the exercise of their discretion.13 Sec. 14. RCW 69.50.412 and 2019 c 64 s 22 are each amended to 14 read as follows:15 (1) It is unlawful for any person to use drug paraphernalia to 16 plant, propagate, cultivate, grow, harvest, manufacture, compound, 17 convert, produce, process, or prepare((, test, analyze, pack, repack, 18 store, contain, conceal, inject, ingest, inhale, or otherwise 19 introduce into the human body)) a controlled substance other than 20 marijuana. Any person who violates this subsection is guilty of a 21 misdemeanor.22 (2) It is unlawful for any person to deliver, possess with intent 23 to deliver, or manufacture with intent to deliver drug paraphernalia, 24 knowing, or under circumstances where one reasonably should know, 25 that it will be used to plant, propagate, cultivate, grow, harvest, 26 manufacture, compound, convert, produce, process, or prepare((, test, 27 analyze, pack, repack, store, contain, conceal, inject, ingest, 28 inhale, or otherwise introduce into the human body)) a controlled 29 substance other than marijuana. Any person who violates this 30 subsection is guilty of a misdemeanor.31 (3) Any person eighteen years of age or over who violates 32 subsection (2) of this section by delivering drug paraphernalia to a 33 person under eighteen years of age who is at least three years his or 34 her junior is guilty of a gross misdemeanor.35 (4) It is unlawful for any person to place in any newspaper, 36 magazine, handbill, or other publication any advertisement, knowing, 37 or under circumstances where one reasonably should know, that the 38 purpose of the advertisement, in whole or in part, is to promote the 39 p. 22 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 95 of 174 sale of objects designed or intended for use as drug paraphernalia. 1 Any person who violates this subsection is guilty of a misdemeanor.2 (5) It is lawful for any person over the age of eighteen to 3 possess sterile hypodermic syringes and needles for the purpose of 4 reducing blood-borne diseases.5 Sec. 15. RCW 9.94A.518 and 2003 c 53 s 57 are each amended to 6 read as follows:7 8 TABLE 4 9 10 11 DRUG OFFENSES INCLUDED WITHIN EACH SERIOUSNESS LEVEL 12 13 14 15 III Any felony offense under chapter 69.50 RCW with a deadly weapon special verdict under RCW ((9.94A.602)) 9.94A.825 16 17 Controlled Substance Homicide (RCW 69.50.415) 18 19 20 21 Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2)) 22 23 Involving a minor in drug dealing (RCW 69.50.4015) 24 25 Manufacture of methamphetamine (RCW 69.50.401(2)(b)) 26 27 28 29 30 Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406) p. 23 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 96 of 174 1 2 3 4 5 6 7 Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam or methamphetamine, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406) 8 9 10 11 12 Possession of Ephedrine, Pseudoephedrine, or Anhydrous Ammonia with intent to manufacture methamphetamine (RCW 69.50.440) 13 14 15 Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410) 16 17 18 II Create((,)) or deliver((, or possess)) a counterfeit controlled substance (RCW 69.50.4011(1)(a)) 19 20 21 Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401(2)(b)) 22 23 24 Delivery of a material in lieu of a controlled substance (RCW 69.50.4012) 25 26 27 Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402(1)(f)) 28 29 30 Manufacture, deliver, or possess with intent to deliver amphetamine (RCW 69.50.401(2)(b)) 31 32 33 34 35 Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401(2)(a)) p. 24 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 97 of 174 1 2 3 4 5 6 7 8 Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana, amphetamine, methamphetamines, or flunitrazepam) (RCW 69.50.401(2) (c) through (e)) 9 10 11 12 Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1)) 13 I Forged Prescription (RCW 69.41.020) 14 15 Forged Prescription for a Controlled Substance (RCW 69.50.403) 16 17 18 Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(2)(c)) 19 20 21 22 ((Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Nonnarcotic from Schedule I-V (RCW 69.50.4013) 23 24 25 26 Possession of Controlled Substance that is either heroin or narcotics from Schedule I or II (RCW 69.50.4013))) 27 28 Unlawful Use of Building for Drug Purposes (RCW 69.53.010) Sec. 16. RCW 13.40.0357 and 2020 c 18 s 8 are each amended to 29 read as follows:30 31 DESCRIPTION AND OFFENSE CATEGORY 32 33 34 35 36 JUVENILE DISPOSITION OFFENSE CATEGORY DESCRIPTION (RCW CITATION) JUVENILE DISPOSITION CATEGORY FOR ATTEMPT, BAILJUMP, CONSPIRACY, OR SOLICITATION p. 25 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 98 of 174 1 Arson and Malicious Mischief 2 A Arson 1 (9A.48.020)B+ 3 B Arson 2 (9A.48.030)C 4 C Reckless Burning 1 (9A.48.040)D 5 D Reckless Burning 2 (9A.48.050)E 6 B Malicious Mischief 1 (9A.48.070)C 7 C Malicious Mischief 2 (9A.48.080)D 8 D Malicious Mischief 3 (9A.48.090)E 9 10 E Tampering with Fire Alarm Apparatus (9.40.100) E 11 12 E Tampering with Fire Alarm Apparatus with Intent to Commit Arson (9.40.105) E 13 14 A Possession of Incendiary Device (9.40.120) B+ 15 16 Assault and Other Crimes Involving Physical Harm 17 A Assault 1 (9A.36.011)B+ 18 B+Assault 2 (9A.36.021)C+ 19 C+Assault 3 (9A.36.031)D+ 20 D+Assault 4 (9A.36.041)E 21 22 B+Drive-By Shooting (9A.36.045) committed at age 15 or under C+ 23 24 A++Drive-By Shooting (9A.36.045) committed at age 16 or 17 A 25 D+Reckless Endangerment (9A.36.050)E 26 C+Promoting Suicide Attempt (9A.36.060)D+ 27 D+Coercion (9A.36.070)E 28 C+Custodial Assault (9A.36.100)D+ 29 Burglary and Trespass 30 31 B+Burglary 1 (9A.52.020) committed at age 15 or under C+ 32 33 A-Burglary 1 (9A.52.020) committed at age 16 or 17 B+ 34 B Residential Burglary (9A.52.025)C 35 B Burglary 2 (9A.52.030)C p. 26 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 99 of 174 1 2 D Burglary Tools (Possession of) (9A.52.060) E 3 D Criminal Trespass 1 (9A.52.070)E 4 E Criminal Trespass 2 (9A.52.080)E 5 C Mineral Trespass (78.44.330)C 6 C Vehicle Prowling 1 (9A.52.095)D 7 D Vehicle Prowling 2 (9A.52.100)E 8 Drugs 9 10 E Possession/Consumption of Alcohol (66.44.270) E 11 12 C Illegally Obtaining Legend Drug (69.41.020) D 13 14 C+Sale, Delivery, Possession of Legend Drug with Intent to Sell (69.41.030(2)(a)) D+ 15 16 E Possession of Legend Drug (69.41.030(2)(b)) E 17 18 19 20 B+Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Sale (69.50.401(2) (a) or (b)) B+ 21 22 23 C Violation of Uniform Controlled Substances Act - Nonnarcotic Sale (69.50.401(2)(c)) C 24 25 E Possession of Marihuana <40 grams (69.50.4014) E 26 27 C Fraudulently Obtaining Controlled Substance (69.50.403) C 28 29 C+Sale of Controlled Substance for Profit (69.50.410) C+ 30 E Unlawful Inhalation (9.47A.020)E 31 32 33 34 35 B Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Counterfeit Substances (69.50.4011(2) (a) or (b)) B p. 27 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 100 of 174 1 2 3 C Violation of Uniform Controlled Substances Act - Nonnarcotic Counterfeit Substances (69.50.4011(2) (c), (d), or (e)) C 4 5 6 ((C)) E Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.4013) ((C)) E 7 8 9 C Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.4012) C 10 Firearms and Weapons 11 B Theft of Firearm (9A.56.300)C 12 13 B Possession of Stolen Firearm (9A.56.310) C 14 15 E Carrying Loaded Pistol Without Permit (9.41.050) E 16 17 C Possession of Firearms by Minor (<18) (9.41.040(2)(a) (vi)) C 18 19 D+Possession of Dangerous Weapon (9.41.250) E 20 21 D Intimidating Another Person by use of Weapon (9.41.270) E 22 Homicide 23 A+Murder 1 (9A.32.030)A 24 A+Murder 2 (9A.32.050)B+ 25 B+Manslaughter 1 (9A.32.060)C+ 26 C+Manslaughter 2 (9A.32.070)D+ 27 B+Vehicular Homicide (46.61.520)C+ 28 Kidnapping 29 A Kidnap 1 (9A.40.020)B+ 30 B+Kidnap 2 (9A.40.030)C+ 31 C+Unlawful Imprisonment (9A.40.040)D+ 32 Obstructing Governmental Operation 33 34 D Obstructing a Law Enforcement Officer (9A.76.020) E 35 E Resisting Arrest (9A.76.040)E 36 B Introducing Contraband 1 (9A.76.140)C p. 28 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 101 of 174 1 C Introducing Contraband 2 (9A.76.150)D 2 E Introducing Contraband 3 (9A.76.160)E 3 4 B+Intimidating a Public Servant (9A.76.180) C+ 5 B+Intimidating a Witness (9A.72.110)C+ 6 Public Disturbance 7 8 C+Criminal Mischief with Weapon (9A.84.010(2)(b)) D+ 9 10 D+Criminal Mischief Without Weapon (9A.84.010(2)(a)) E 11 E Failure to Disperse (9A.84.020)E 12 E Disorderly Conduct (9A.84.030)E 13 Sex Crimes 14 A Rape 1 (9A.44.040)B+ 15 16 B++Rape 2 (9A.44.050) committed at age 14 or under B+ 17 18 A-Rape 2 (9A.44.050) committed at age 15 through age 17 B+ 19 C+Rape 3 (9A.44.060)D+ 20 21 B++Rape of a Child 1 (9A.44.073) committed at age 14 or under B+ 22 23 A-Rape of a Child 1 (9A.44.073) committed at age 15 B+ 24 B+Rape of a Child 2 (9A.44.076)C+ 25 B Incest 1 (9A.64.020(1))C 26 C Incest 2 (9A.64.020(2))D 27 28 D+Indecent Exposure (Victim <14) (9A.88.010) E 29 30 E Indecent Exposure (Victim 14 or over) (9A.88.010) E 31 B+Promoting Prostitution 1 (9A.88.070)C+ 32 C+Promoting Prostitution 2 (9A.88.080)D+ 33 E O & A (Prostitution) (9A.88.030)E 34 B+Indecent Liberties (9A.44.100)C+ 35 36 B++Child Molestation 1 (9A.44.083) committed at age 14 or under B+ p. 29 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 102 of 174 1 2 A-Child Molestation 1 (9A.44.083) committed at age 15 through age 17 B+ 3 B Child Molestation 2 (9A.44.086)C+ 4 5 C Failure to Register as a Sex Offender (9A.44.132) D 6 7 Theft, Robbery, Extortion, and Forgery 8 B Theft 1 (9A.56.030)C 9 C Theft 2 (9A.56.040)D 10 D Theft 3 (9A.56.050)E 11 12 B Theft of Livestock 1 and 2 (9A.56.080 and 9A.56.083) C 13 C Forgery (9A.60.020)D 14 15 A Robbery 1 (9A.56.200) committed at age 15 or under B+ 16 17 A++Robbery 1 (9A.56.200) committed at age 16 or 17 A 18 B+Robbery 2 (9A.56.210)C+ 19 B+Extortion 1 (9A.56.120)C+ 20 C+Extortion 2 (9A.56.130)D+ 21 C Identity Theft 1 (9.35.020(2))D 22 D Identity Theft 2 (9.35.020(3))E 23 24 D Improperly Obtaining Financial Information (9.35.010) E 25 26 B Possession of a Stolen Vehicle (9A.56.068) C 27 28 B Possession of Stolen Property 1 (9A.56.150) C 29 30 C Possession of Stolen Property 2 (9A.56.160) D 31 32 D Possession of Stolen Property 3 (9A.56.170) E 33 34 B Taking Motor Vehicle Without Permission 1 (9A.56.070) C 35 36 C Taking Motor Vehicle Without Permission 2 (9A.56.075) D 37 B Theft of a Motor Vehicle (9A.56.065)C p. 30 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 103 of 174 1 Motor Vehicle Related Crimes 2 E Driving Without a License (46.20.005)E 3 B+Hit and Run - Death (46.52.020(4)(a))C+ 4 C Hit and Run - Injury (46.52.020(4)(b))D 5 D Hit and Run-Attended (46.52.020(5))E 6 E Hit and Run-Unattended (46.52.010)E 7 C Vehicular Assault (46.61.522)D 8 9 C Attempting to Elude Pursuing Police Vehicle (46.61.024) D 10 E Reckless Driving (46.61.500)E 11 12 D Driving While Under the Influence (46.61.502 and 46.61.504) E 13 14 B+Felony Driving While Under the Influence (46.61.502(6)) B 15 16 B+Felony Physical Control of a Vehicle While Under the Influence (46.61.504(6)) B 17 Other 18 B Animal Cruelty 1 (16.52.205)C 19 B Bomb Threat (9.61.160)C 20 C Escape 11 (9A.76.110)C 21 C Escape 21 (9A.76.120)C 22 D Escape 3 (9A.76.130)E 23 24 E Obscene, Harassing, Etc., Phone Calls (9.61.230) E 25 26 A Other Offense Equivalent to an Adult Class A Felony B+ 27 28 B Other Offense Equivalent to an Adult Class B Felony C 29 30 C Other Offense Equivalent to an Adult Class C Felony D 31 32 D Other Offense Equivalent to an Adult Gross Misdemeanor E 33 34 E Other Offense Equivalent to an Adult Misdemeanor E 35 36 37 V Violation of Order of Restitution, Community Supervision, or Confinement (13.40.200)2 V p. 31 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 104 of 174 1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses 1 and the standard range is established as follows:2 1st escape or attempted escape during 12-month period - 28 days 3 confinement4 2nd escape or attempted escape during 12-month period - 8 weeks 5 confinement6 3rd and subsequent escape or attempted escape during 12-month 7 period - 12 weeks confinement8 2If the court finds that a respondent has violated terms of an order, 9 it may impose a penalty of up to 30 days of confinement.10 JUVENILE SENTENCING STANDARDS11 This schedule must be used for juvenile offenders. The court may 12 select sentencing option A, B, C, or D.13 14 15 16 OPTION A JUVENILE OFFENDER SENTENCING GRID STANDARD RANGE 17 A++129 to 260 weeks for all category A++ offenses 18 A+180 weeks to age 21 for all category A+ offenses 19 A 103-129 weeks for all category A offenses 20 A-30-40 weeks 52-65 weeks 80-100 weeks 103-129 weeks 103-129 weeks 21 B++15-36 weeks 52-65 weeks 80-100 weeks 103-129 weeks 103-129 weeks 22 CURRENT B+15-36 weeks 15-36 weeks 52-65 weeks 80-100 weeks 103-129 weeks 23 OFFENSE B LS LS 15-36 weeks 15-36 weeks 52-65 weeks 24 CATEGORY C+LS LS LS 15-36 weeks 15-36 weeks 25 C LS LS LS LS 15-36 weeks 26 D+LS LS LS LS LS 27 D LS LS LS LS LS 28 E LS LS LS LS LS 29 PRIOR 0 1 2 3 4 or more 30 ADJUDICATIONS p. 32 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 105 of 174 NOTE: References in the grid to days or weeks mean periods of 1 confinement. "LS" means "local sanctions" as defined in RCW 2 13.40.020.3 (1) The vertical axis of the grid is the current offense 4 category. The current offense category is determined by the offense 5 of adjudication.6 (2) The horizontal axis of the grid is the number of prior 7 adjudications included in the juvenile's criminal history. Each prior 8 felony adjudication shall count as one point. Each prior violation, 9 misdemeanor, and gross misdemeanor adjudication shall count as 1/4 10 point. Fractional points shall be rounded down.11 (3) The standard range disposition for each offense is determined 12 by the intersection of the column defined by the prior adjudications 13 and the row defined by the current offense category.14 (4) RCW 13.40.180 applies if the offender is being sentenced for 15 more than one offense.16 (5) A current offense that is a violation is equivalent to an 17 offense category of E. However, a disposition for a violation shall 18 not include confinement.19 OR20 OPTION B21 SUSPENDED DISPOSITION ALTERNATIVE22 (1) If the offender is subject to a standard range disposition 23 involving confinement by the department, the court may impose the 24 standard range and suspend the disposition on condition that the 25 offender comply with one or more local sanctions and any educational 26 or treatment requirement. The treatment programs provided to the 27 offender must be either research-based best practice programs as 28 identified by the Washington state institute for public policy or the 29 joint legislative audit and review committee, or for chemical 30 dependency treatment programs or services, they must be evidence-31 based or research-based best practice programs. For the purposes of 32 this subsection:33 (a) "Evidence-based" means a program or practice that has had 34 multiple site random controlled trials across heterogeneous 35 populations demonstrating that the program or practice is effective 36 for the population; and37 p. 33 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 106 of 174 (b) "Research-based" means a program or practice that has some 1 research demonstrating effectiveness, but that does not yet meet the 2 standard of evidence-based practices.3 (2) If the offender fails to comply with the suspended 4 disposition, the court may impose sanctions pursuant to RCW 13.40.200 5 or may revoke the suspended disposition and order the disposition's 6 execution.7 (3) An offender is ineligible for the suspended disposition 8 option under this section if the offender:9 (a) Is adjudicated of an A+ or A++ offense;10 (b) Is fourteen years of age or older and is adjudicated of one 11 or more of the following offenses:12 (i) A class A offense, or an attempt, conspiracy, or solicitation 13 to commit a class A offense;14 (ii) Manslaughter in the first degree (RCW 9A.32.060);15 (iii) Assault in the second degree (RCW 9A.36.021), extortion in 16 the first degree (RCW 9A.56.120), kidnapping in the second degree 17 (RCW 9A.40.030), drive-by shooting (RCW 9A.36.045), vehicular 18 homicide (RCW 46.61.520), hit and run death (RCW 46.52.020(4)(a)), or 19 manslaughter 2 (RCW 9A.32.070); or20 (iv) Violation of the uniform controlled substances act (RCW 21 69.50.401(2) (a) and (b)), when the offense includes infliction of 22 bodily harm upon another or when during the commission or immediate 23 withdrawal from the offense the respondent was armed with a deadly 24 weapon;25 (c) Is ordered to serve a disposition for a firearm violation 26 under RCW 13.40.193;27 (d) Is adjudicated of a sex offense as defined in RCW 9.94A.030; 28 or29 (e) Has a prior option B disposition.30 OR31 OPTION C32 CHEMICAL DEPENDENCY/MENTAL HEALTH DISPOSITION ALTERNATIVE33 If the juvenile offender is subject to a standard range 34 disposition of local sanctions or 15 to 36 weeks of confinement and 35 has not committed a B++ or B+ offense, the court may impose a 36 disposition under RCW 13.40.160(4) and 13.40.165.37 OR38 p. 34 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 107 of 174 OPTION D1 MANIFEST INJUSTICE2 If the court determines that a disposition under option A, B, or C 3 would effectuate a manifest injustice, the court shall impose a 4 disposition outside the standard range under RCW 13.40.160(2).5 Sec. 17. RCW 2.24.010 and 2013 c 27 s 3 are each amended to read 6 as follows:7 (1) There may be appointed in each county or judicial district, 8 by the judges of the superior court having jurisdiction therein, one 9 or more court commissioners for said county or judicial district. 10 Each such commissioner shall be a citizen of the United States and 11 shall hold the office during the pleasure of the judges making the 12 appointment.13 (2)(a) There may be appointed in counties with a population of 14 more than four hundred thousand, by the presiding judge of the 15 superior court having jurisdiction therein, one or more attorneys to 16 act as criminal commissioners to assist the superior court in 17 disposing of adult criminal cases. Such criminal commissioners shall 18 have power, authority, and jurisdiction, concurrent with the superior 19 court and the judges thereof, in adult criminal cases, to preside 20 over arraignments, preliminary appearances, initial extradition 21 hearings, and noncompliance proceedings pursuant to RCW 9.94A.6333 or 22 9.94B.040; accept pleas if authorized by local court rules; appoint 23 counsel; make determinations of probable cause; set, amend, and 24 review conditions of pretrial release; set bail; set trial and 25 hearing dates; authorize continuances; accept waivers of the right to 26 speedy trial; and authorize and issue search warrants and orders to 27 intercept, monitor, or record wired or wireless telecommunications or 28 for the installation of electronic taps or other devices to include, 29 but not be limited to, vehicle global positioning system or other 30 mobile tracking devices with all the powers conferred upon the judge 31 of the superior court in such matters.32 (b) Criminal commissioners shall also have the authority to 33 conduct resentencing hearings and to vacate convictions related to 34 State v. Blake, No. 96873-0 (Feb. 25, 2021). Criminal commissioners 35 may be appointed for this purpose regardless of the population of the 36 county served by the appointing court.37 p. 35 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 108 of 174 (c) The county legislative authority must approve the creation of 1 criminal commissioner positions.2 Sec. 18. RCW 2.24.040 and 2009 c 28 s 1 are each amended to read 3 as follows:4 Such court commissioner shall have power, authority, and 5 jurisdiction, concurrent with the superior court and the judge 6 thereof, in the following particulars:7 (1) To hear and determine all matters in probate, to make and 8 issue all proper orders therein, and to issue citations in all cases 9 where same are authorized by the probate statutes of this state.10 (2) To grant and enter defaults and enter judgment thereon.11 (3) To issue temporary restraining orders and temporary 12 injunctions, and to fix and approve bonds thereon.13 (4) To act as referee in all matters and actions referred to him 14 or her by the superior court as such, with all the powers now 15 conferred upon referees by law.16 (5) To hear and determine all proceedings supplemental to 17 execution, with all the powers conferred upon the judge of the 18 superior court in such matters.19 (6) To hear and determine all petitions for the adoption of 20 children and for the dissolution of incorporations.21 (7) To hear and determine all applications for the commitment of 22 any person to the hospital for the insane, with all the powers of the 23 superior court in such matters: PROVIDED, That in cases where a jury 24 is demanded, same shall be referred to the superior court for trial.25 (8) To hear and determine all complaints for the commitments of 26 minors with all powers conferred upon the superior court in such 27 matters.28 (9) To hear and determine ex parte and uncontested civil matters 29 of any nature.30 (10) To grant adjournments, administer oaths, preserve order, 31 compel attendance of witnesses, and to punish for contempts in the 32 refusal to obey or the neglect of the court commissioner's lawful 33 orders made in any matter before the court commissioner as fully as 34 the judge of the superior court.35 (11) To take acknowledgments and proofs of deeds, mortgages and 36 all other instruments requiring acknowledgment under the laws of this 37 state, and to take affidavits and depositions in all cases.38 p. 36 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 109 of 174 (12) To provide an official seal, upon which shall be engraved 1 the words "Court Commissioner," and the name of the county for which 2 he or she may be appointed, and to authenticate his official acts 3 therewith in all cases where same is necessary.4 (13) To charge and collect, for his or her own use, the same fees 5 for the official performance of official acts mentioned in 6 subsections (4) and (11) of this section as are provided by law for 7 referees and notaries public.8 (14) To hear and determine small claims appeals as provided in 9 chapter 12.36 RCW.10 (15) In adult criminal cases, to preside over arraignments, 11 preliminary appearances, initial extradition hearings, and 12 noncompliance proceedings pursuant to RCW 9.94A.6333 or 9.94B.040; 13 accept pleas if authorized by local court rules; appoint counsel; 14 make determinations of probable cause; set, amend, and review 15 conditions of pretrial release; set bail; set trial and hearing 16 dates; authorize continuances; ((and)) accept waivers of the right to 17 speedy trial; and conduct resentencing hearings and hearings to 18 vacate convictions related to State v. Blake, No. 96873-0 (Feb. 25, 19 2021).20 Sec. 19. RCW 9.94A.728 and 2018 c 166 s 2 are each amended to 21 read as follows:22 (1) No person serving a sentence imposed pursuant to this chapter 23 and committed to the custody of the department shall leave the 24 confines of the correctional facility or be released prior to the 25 expiration of the sentence except as follows:26 (a) An offender may earn early release time as authorized by RCW 27 9.94A.729;28 (b) An offender may leave a correctional facility pursuant to an 29 authorized furlough or leave of absence. In addition, offenders may 30 leave a correctional facility when in the custody of a corrections 31 officer or officers;32 (c)(i) The secretary may authorize an extraordinary medical 33 placement for an offender when all of the following conditions exist:34 (A) The offender has a medical condition that is serious and is 35 expected to require costly care or treatment;36 (B) The offender poses a low risk to the community because he or 37 she is currently physically incapacitated due to age or the medical 38 condition or is expected to be so at the time of release; and39 p. 37 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 110 of 174 (C) It is expected that granting the extraordinary medical 1 placement will result in a cost savings to the state.2 (ii) An offender sentenced to death or to life imprisonment 3 without the possibility of release or parole is not eligible for an 4 extraordinary medical placement.5 (iii) The secretary shall require electronic monitoring for all 6 offenders in extraordinary medical placement unless the electronic 7 monitoring equipment interferes with the function of the offender's 8 medical equipment or results in the loss of funding for the 9 offender's medical care, in which case, an alternative type of 10 monitoring shall be utilized. The secretary shall specify who shall 11 provide the monitoring services and the terms under which the 12 monitoring shall be performed.13 (iv) The secretary may revoke an extraordinary medical placement 14 under this subsection (1)(c) at any time.15 (v) Persistent offenders are not eligible for extraordinary 16 medical placement;17 (d) The governor, upon recommendation from the clemency and 18 pardons board, may grant an extraordinary release for reasons of 19 serious health problems, senility, advanced age, extraordinary 20 meritorious acts, or other extraordinary circumstances;21 (e) No more than the final twelve months of the offender's term 22 of confinement may be served in partial confinement for aiding the 23 offender with: Finding work as part of the work release program under 24 chapter 72.65 RCW; or reestablishing himself or herself in the 25 community as part of the parenting program in RCW 9.94A.6551. This is 26 in addition to that period of earned early release time that may be 27 exchanged for partial confinement pursuant to RCW 9.94A.729(5)(d);28 (f) No more than the final six months of the offender's term of 29 confinement may be served in partial confinement as home detention as 30 part of the graduated reentry program developed by the department 31 under RCW 9.94A.733;32 (g) The governor may pardon any offender;33 (h) The department may release an offender from confinement any 34 time within ten days before a release date calculated under this 35 section;36 (i) An offender may leave a correctional facility prior to 37 completion of his or her sentence if the sentence has been reduced as 38 provided in RCW 9.94A.870;39 p. 38 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 111 of 174 (j) Notwithstanding any other provisions of this section, an 1 offender sentenced for a felony crime listed in RCW 9.94A.540 as 2 subject to a mandatory minimum sentence of total confinement shall 3 not be released from total confinement before the completion of the 4 listed mandatory minimum sentence for that felony crime of conviction 5 unless allowed under RCW 9.94A.540; and6 (k) Any person convicted of one or more crimes committed prior to 7 the person's eighteenth birthday may be released from confinement 8 pursuant to RCW 9.94A.730.9 (2) Notwithstanding any other provision of this section, an 10 offender entitled to vacation of a conviction or the recalculation of 11 his or her offender score pursuant to State v. Blake, No. 96873-0 12 (Feb. 25, 2021), may be released from confinement pursuant to a court 13 order if the offender has already served a period of confinement that 14 exceeds his or her new standard range. This provision does not create 15 an independent right to release from confinement prior to 16 resentencing.17 (3) Offenders residing in a juvenile correctional facility 18 placement pursuant to RCW 72.01.410(1)(a) are not subject to the 19 limitations in this section.20 Sec. 20. RCW 10.64.110 and 1977 ex.s. c 259 s 1 are each amended 21 to read as follows:22 (1) Following June 15, 1977, except as provided in subsection (3) 23 of this section, there shall be affixed to the original of every 24 judgment and sentence of a felony conviction in every court in this 25 state and every order adjudicating a juvenile to be a delinquent 26 based upon conduct which would be a felony if committed by an adult, 27 a fingerprint of the defendant or juvenile who is the subject of the 28 order. When requested by the clerk of the court, the actual affixing 29 of fingerprints shall be done by a representative of the office of 30 the county sheriff.31 (2) The clerk of the court shall attest that the fingerprints 32 appearing on the judgment in sentence, order of adjudication of 33 delinquency, or docket, is that of the individual who is the subject 34 of the judgment or conviction, order, or docket entry.35 (3) Amended judgment and sentences issued pursuant to State v. 36 Blake, No. 96873-0 (Feb. 25, 2021), are exempt from the 37 fingerprinting requirements in subsection (1) of this section when 38 there are no additional offenses of conviction from the original 39 p. 39 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 112 of 174 judgment and sentence and the defendant is in custody in a 1 correctional facility. In such cases, the amended judgment and 2 sentence shall reference the original judgment and sentence and the 3 fingerprints affixed thereto.4 NEW SECTION. Sec. 21. The State v. Blake reimbursement account 5 is created in the state treasury. Moneys in the account may be spent 6 only after appropriation. Expenditures from the account may be used 7 only for state and local government costs resulting from the supreme 8 court's decision in State v. Blake, No. 96873-0 (Feb. 25, 2021), and 9 to reimburse individuals for legal financial obligations paid in 10 connection with sentences that have been invalidated as a result of 11 the decision.12 NEW SECTION. Sec. 22. The appropriations in this section are 13 provided to the health care authority community behavioral health 14 program and are subject to the following conditions and limitations:15 (1) The following sums, or so much thereof as may be necessary, 16 are each appropriated: $25,000,000 from the state general fund for 17 the fiscal year ending June 30, 2022; and $20,000,000 from the state 18 general fund for the fiscal year ending June 30, 2023. The amounts in 19 this subsection are provided solely for the authority to contract 20 with behavioral health administrative service organizations to 21 implement the statewide recovery navigator program established in 22 section 2 of this act and for related technical assistance to support 23 this implementation. This includes funding for recovery navigator 24 teams to provide community-based outreach and case management 25 services based on the law enforcement assisted diversion model and 26 for technical assistance support from the law enforcement assisted 27 diversion national support bureau.28 (2) The following sums, or so much thereof as may be necessary, 29 are each appropriated: $1,673,000 from the state general fund for the 30 fiscal year ending June 30, 2022; $3,114,000 from the state general 31 fund for the fiscal year ending June 30, 2023; and $3,890,000, from 32 the general fund-federal account for the fiscal biennium ending June 33 30, 2023. The amounts in this subsection are provided solely for the 34 authority to implement clubhouse services in every region of the 35 state.36 (3) The following sums, or so much thereof as may be necessary, 37 are each appropriated: $5,000,000 from the state general fund for the 38 p. 40 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 113 of 174 fiscal year ending June 30, 2022; and $7,500,000 from the state 1 general fund for the fiscal year ending June 30, 2023. The amounts in 2 this subsection are provided solely for the authority to implement 3 the homeless outreach stabilization team program, pursuant to section 4 5(1) of this act.5 (4) The following sums, or so much thereof as may be necessary, 6 are each appropriated: $2,500,000 from the state general fund for the 7 fiscal year ending June 30, 2022; and $2,500,000 from the state 8 general fund for the fiscal year ending June 30, 2023. The amounts in 9 this subsection are provided solely for the authority to expand 10 efforts to provide opioid use disorder medication in city, county, 11 regional, and tribal jails.12 (5) The following sums, or so much thereof as may be necessary, 13 are each appropriated: $500,000 from the state general fund for the 14 fiscal year ending June 30, 2022; and $500,000 from the state general 15 fund for the fiscal year ending June 30, 2023. The amounts in this 16 subsection are provided solely for the authority to expand opioid 17 treatment network programs for people with co-occurring opioid and 18 stimulant use disorder.19 (6) The following sums, or so much thereof as may be necessary, 20 are each appropriated: $1,400,000 from the state general fund for the 21 fiscal year ending June 30, 2022; and $1,400,000 from the state 22 general fund for the fiscal year ending June 30, 2023. The amounts in 23 this subsection are provided solely for behavioral health 24 administrative service organizations to develop regional recovery 25 navigator program plans pursuant to section 2 of this act and to 26 establish positions focusing on regional planning to improve access 27 to and quality of regional behavioral health services with a focus on 28 integrated care.29 (7) The following sums, or so much thereof as may be necessary, 30 are each appropriated: $75,000 from the state general fund for the 31 fiscal year ending June 30, 2022; and $75,000 from the state general 32 fund for the fiscal year ending June 30, 2023. The amounts in this 33 subsection are provided solely for the authority to contract with an 34 organization with expertise in supporting efforts to increase access 35 to and improve quality in recovery housing and recovery residences. 36 This funding shall be used to increase recovery housing availability 37 through partnership with private landlords, increase accreditation of 38 recovery residences statewide, operate a grievance process for 39 resolving challenges with recovery residences, and conduct a recovery 40 p. 41 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 114 of 174 capital outcomes assessment for individuals living in recovery 1 residences.2 (8) The following sums, or so much thereof as may be necessary, 3 are each appropriated: $500,000 from the state general fund for the 4 fiscal year ending June 30, 2022; and $500,000 from the state general 5 fund for the fiscal year ending June 30, 2023. The amounts in this 6 subsection are provided solely for the authority to provide short-7 term housing vouchers for individuals with substance use disorders.8 (9) The following sums, or so much thereof as may be necessary, 9 are each appropriated: $250,000 from the state general fund for the 10 fiscal year ending June 30, 2022; and $250,000 from the state general 11 fund for the fiscal year ending June 30, 2023. The amounts in this 12 subsection are provided solely for the authority to issue grants for 13 substance use disorder family navigator services.14 (10) The following sums, or so much thereof as may be necessary, 15 are each appropriated: $200,000 from the state general fund for the 16 fiscal year ending June 30, 2022; and $200,000 from the state general 17 fund for the fiscal year ending June 30, 2023. The amounts in this 18 subsection are provided solely for the authority to convene and 19 provide staff and contracted services support to the recovery 20 oversight committee established in section 1 of this act.21 (11) The following sums, or so much thereof as may be necessary, 22 are each appropriated: $2,565,000 from the state general fund for the 23 fiscal year ending June 30, 2022; and $2,565,000 from the state 24 general fund for the fiscal year ending June 30, 2023. The amounts in 25 this subsection are provided solely for staff and contracted services 26 support for the authority to develop and implement the recovery 27 services plan established in section 1 of this act and to carry out 28 other requirements of this act. Within these amounts, funding is 29 provided for the authority to:30 (a) Establish an occupational nurse consultant position within 31 the authority to provide contract oversight, accountability, 32 performance improvement activities, and to ensure medicaid managed 33 care organization plan compliance with provisions in law and contract 34 related to care transitions work with local jails.35 (b) Establish a position within the authority to create and 36 oversee a program to initiate and support emergency department 37 programs for inducing medications for patients with opioid use 38 disorder paired with a referral to community-based outreach and case 39 management programs.40 p. 42 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 115 of 174 NEW SECTION. Sec. 23. The appropriation in this section is 1 provided to the administrative office of the courts and is subject to 2 the following conditions and limitations:3 The following sums, or so much thereof as may be necessary, are 4 each appropriated: $2,250,000 from the state general fund for the 5 fiscal year ending June 30, 2022; and $2,250,000 from the state 6 general fund for the fiscal year ending June 30, 2023. The amounts in 7 this subsection are provided solely to fund grants for therapeutic 8 courts operated by municipalities and district courts. The 9 administrative office of the courts must allocate grant funding based 10 upon a formula established by the administrative office of the 11 courts. The formula must distribute the grant funding equitably 12 between those therapeutic courts located east of the crest of the 13 Cascade mountains and those therapeutic courts located west of the 14 crest of the Cascade mountains. Multiple jurisdictions served by a 15 single municipal court or district court may apply for funds as a 16 single entity. Local jurisdictions receiving grant funding for 17 therapeutic courts must use funding to identify individuals before 18 the courts with substance use disorders or other behavioral health 19 needs and engage those individuals with community-based therapeutic 20 interventions.21 NEW SECTION. Sec. 24. The appropriation in this section is 22 provided to the department of commerce and is subject to the 23 following conditions and limitations:24 The following sums, or so much thereof as may be necessary, are 25 each appropriated: $500,000 from the state general fund for the 26 fiscal year ending June 30, 2022; and $1,000,000 from the state 27 general fund for the fiscal year ending June 30, 2023. The amounts in 28 this subsection are provided solely for the department to provide 29 grants for the operational costs of new staffed recovery residences 30 which serve individuals with substance use disorders who require more 31 support than a level 1 recovery residence.32 NEW SECTION. Sec. 25. The appropriation in this section is 33 provided to the criminal justice training commission and is subject 34 to the following conditions and limitations:35 The following sums, or so much thereof as may be necessary, are 36 each appropriated: $150,000 from the state general fund for the 37 fiscal year ending June 30, 2022; and $150,000 from the state general 38 p. 43 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 116 of 174 fund for the fiscal year ending June 30, 2023. The amounts in this 1 subsection are provided solely for the commission to compensate 2 trainer time to deliver the curriculum related to law enforcement 3 interactions with persons with a substance use disorder pursuant to 4 section 7 of this act.5 NEW SECTION. Sec. 26. Sections 1 through 11 and 13 through 21 6 of this act are necessary for the immediate preservation of the 7 public peace, health, or safety, or support of the state government 8 and its existing public institutions, and take effect immediately.9 NEW SECTION. Sec. 27. Section 11 of this act expires July 1, 10 2022.11 NEW SECTION. Sec. 28. Section 12 of this act takes effect July 12 1, 2022.13 NEW SECTION. Sec. 29. Sections 8 through 10, 12, 15, and 16 of 14 this act expire July 1, 2023.15 NEW SECTION. Sec. 30. If any provision of this act or its 16 application to any person or circumstance is held invalid, the 17 remainder of the act or the application of the provision to other 18 persons or circumstances is not affected.19 --- END --- p. 44 ESB 5476.PL 5/4/2021 City Council Agenda Packet Page 117 of 174 CITY OF EAST WENATCHEE COUNCIL AGENDA BILL To: Mayor and Council From/Presenter: Lori Barnett, Community Development Director Subject: Ordinance 2021-11 amending the Greater East Wenatchee Area Comprehensive Plan Land Use Map – Part of the 2020 Annual Amendment Process. Date: May 4, 2021 I. Summary Title: An Ordinance of the City of East Wenatchee amending the Greater East Wenatchee Area Comprehensive Plan (GEWA Plan) Land Use Map to change the land use designation of certain property located at 2130 Grant Road, Douglas County Assessor’s Parcel No. 22211810007, from Residential Medium Density to Light Commercial, containing a severability clause, and establishing an effect date as part of the 2020 Annual Amendment Process. II. Background/History: The proposal under consideration is part of the annual amendment process for the Greater East Wenatchee Area Comprehensive Plan. The Growth Management Act allows jurisdictions to annually amend their comprehensive plans. This proposal is an amendment requested by a private individual. Nathan Perkins applied to Douglas County for a site-specific comprehensive plan map amendment and zone change to change the land use designation and zoning of property located at 2130 Grant Road from Residential Medium Density to Light Commercial. The subject property is outside the City Limits and within the urban growth area. On November 24, 2020, the East Wenatchee Planning Commission held a public workshop to review the proposal. On January 20, 2021, the Douglas County Planning Commission held a duly advertised public hearing to consider the proposed GEWA Plan map amendment and zone change and forwarded a recommendation of approval to the Douglas County Board of County Commissioners. 5/4/2021 City Council Agenda Packet Page 118 of 174 On February 16, 2021, the Douglas County Board of County Commissioners adopted Ordinance TLS 21-05-07C approving the proposed site-specific GEWA Plan Land Use Map amendment and amendment to the County Official Zoning Map to change the land use designation and zoning of property located at 2130 Grant Road from Residential Medium Density to Light Commercial. On April 27, 2021, the East Wenatchee Planning Commission held a duly advertised public hearing to consider the proposed amendment. The Planning Commission unanimously voted that the amendment be forwarded to the City Council with a recommendation of approval. III. Recommended Action: The Planning Commission recommends approval of the proposed amendments with a vote of 5-0. Request to suspend second reading and motion to approve Ordinance 2021-11. IV. Exhibits 1. Ordinance 2021-11 with Exhibit A and Exhibit B 2. Staff Report for April 27, 2021 Planning Commission hearing Financial Data: Expenditure Required Amount Budgeted Appropriation Required $0 $ 0 $ 0 5/4/2021 City Council Agenda Packet Page 119 of 174 City of East Wenatchee, Washington Ordinance No. 2021-11 An Ordinance of the City of East Wenatchee amending the Greater East Wenatchee Area Comprehensive Plan (GEWA Plan) Land Use Map to change the land use designation of certain property located at 2130 Grant Road, Douglas County Assessor’s Parcel No. 22211810007, from Residential Medium Density to Light Commercial, containing a severability clause, and establishing an effect date as part of the 2020 Annual Amendment Process. Una Ordenanza de la Ciudad de East Wenatchee que modifica el Mapa de Uso de la Tierra del Plan Integral del Área del Gran Este de Wenatchee (Plan GEWA) para cambiar la designación de uso de la tierra de cierta propiedad ubicada en 2130 Grant Road, Parcela del Tasador del Condado de Douglas No. 22211810007, de Residencial Densidad Media a Comercial Ligero, que contiene una cláusula de divisibilidad y que establece una fecha de vigencia como parte del Proceso de Enmienda Anual 2020. 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; and 2.2. The City Council of East Wenatchee (“City Council”) finds that it is in the best interests of the City and its citizens to adopt this ordinance amending the Greater East Wenatchee Area Comprehensive Plan. 2.3. On July 13, 2020, Nathan Perkins applied to Douglas County for a site-specific comprehensive plan land use map amendment and zone change to change the land use designation and zoning of property located at 2130 Grant Road from Residential Medium Density to Light Commercial. 2.4. On November 24, 2020, the East Wenatchee Planning Commission held a workshop to review the proposed site-specific GEWA Plan map amendment and zone change. 5/4/2021 City Council Agenda Packet Page 120 of 174 City of East Wenatchee Ordinance 2021-11 Page 2 of 7 2.5. On January 20, 2021, the Douglas County Planning Commission held a duly advertised public hearing to consider the proposed GEWA Plan map amendment and zone change and forwarded a recommendation of approval to the Douglas County Board of County Commissioners. 2.6. On February 16, 2021, the Douglas County Board of County Commissioners adopting Ordinance TLS 21-05-07C approving the proposed site-specific GEWA Plan Land Use Map amendment and amendment to the County Official Zoning Map to change the land use designation and zoning of property located at 2130 Grant Road from Residential Medium Density to Light Commercial. 2.7. The East Wenatchee Planning Commission held a duly advertised public hearing on April 27, 2021 to consider the proposed amendment. The Planning Commission unanimously voted that the amendment be forwarded to the City Council with a recommendation of approval (5-0). 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 and RCW 36.70A authorize the City Council to adopt and amend development regulations and comprehensive plans. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: 4. Purpose. The purpose of this ordinance is to amend the Land Use Map in the Greater East Wenatchee Area Comprehensive Plan, as part of the 2020 Annual Amendment Cycle. 5. Amendment. The City Council accepts the recommendation of the East Wenatchee Planning Commission and adopts the amendment to the Greater East Wenatchee Area Comprehensive Plan to change the land use designation and zoning of certain property located at 2130 Grant Road from Residential Medium Density to Light Commercial as depicted in Exhibit A and described in Exhibit B to this Ordinance and incorporated by this reference. 6. Findings of Fact and Conclusions of Law. In addition to the Recitals and Authorities listed in this Ordinance, the City Council adopts the following the findings of fact and conclusions of law. 6.1. Findings of Fact 6.1.1. The applicant is Nathan Perkins, 2130 Grant Road, East Wenatchee WA. 5/4/2021 City Council Agenda Packet Page 121 of 174 City of East Wenatchee Ordinance 2021-11 Page 3 of 7 6.1.2. The subject property is located on the South side of Grant Road between Mary Ave. and Nevada Ave. The Douglas County Assessor’s Number is 22211810007. 6.1.3. The subject property is designated Residential Medium by the Greater East Wenatchee Area Comprehensive Plan. 6.1.4. Douglas County has adopted a Countywide Comprehensive Plan pursuant to the Growth Management Act (GMA) and RCW Chapter 36.70A, and a series of subarea plans for each municipality in the county. These plans have been found to be consistent with each other. 6.1.5. CPRZ-2020-01 was submitted on July 13, 2020 in conformance with DCC 14.32.040. 6.1.6. Amendments to the comprehensive plan, SEPA threshold determination and supporting documentation were received at Washington State Department of Commerce on October 19, 2020. 6.1.7. Douglas County issued a Determination of Nonsignificance on October 12, 2020 pursuant to WAC 197-11-340(2). 6.1.8. No comments were received during the comment period. 6.1.9. The Notice of Public Hearing before the Planning Commission was published on January 7, 2021 in the Wenatchee World and Empire Press. 6.1.10. The Douglas County Planning Commission conducted an advertised public hearing on January 20, 2021. The Planning Commission entered into the record the files on this amendment, accepted public testimony, and deliberated the merits of the proposal. 6.2. Conclusions of Law 6.2.1. The procedural and substantive requirements of the State Environmental Policy Act have been complied with. 6.2.2. The procedural requirements of RCW 36.70A have been complied with. 6.2.3. The proposed amendment is consistent with the requirements of the Revised Code of Washington and the Washington Administrative Code. 6.2.4. The proposed amendment is consistent with the Douglas County Code, Greater East Wenatchee Area Comprehensive Plan and the Growth Management Act. 5/4/2021 City Council Agenda Packet Page 122 of 174 City of East Wenatchee Ordinance 2021-11 Page 4 of 7 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. 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: __________ 5/4/2021 City Council Agenda Packet Page 123 of 174 City of East Wenatchee Ordinance 2021-11 Page 5 of 7 Summary of City of East Wenatchee, Washington Ordinance No. 2021-11 On the _____ day of _______________________________, 2021, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2021-11, the main point of which may be summarized by its title as follows: An Ordinance of the City of East Wenatchee amending the Greater East Wenatchee Area Comprehensive Plan (GEWA Plan) Land Use Map to change the land use designation of certain property located at 2130 Grant Road, Douglas County Assessor’s Parcel No. 22211810007, from Residential Medium Density to Light Commercial, containing a severability clause, and establishing an effect date as part of the 2020 Annual Amendment Process. The full text of this Ordinance will be mailed upon request. Dated this ______ day of ___________________________, 2021. _____________________________ Maria Holman 5/4/2021 City Council Agenda Packet Page 124 of 174 City of East Wenatchee Ordinance 2021-11 Page 6 of 7 Exhibit A 5/4/2021 City Council Agenda Packet Page 125 of 174 City of East Wenatchee Ordinance 2021-11 Page 7 of 7 Exhibit B Legal Description A parcel of land in the West half of the northwest quarter of the northeast quarter of Section 18, Township 22 North, Range 21, E.W.M., Douglas County, Washington, more particularly described as follows: Commencing at the northeast corner of the above described subdivision; thence West on the North line of said subdivision and the centerline of Grant Road for 180 feet; thence South parallel with the East line of said Subdivision 270 feet; thence East parallel with the North line of said subdivision 180 feet to the East line of said subdivision; thence North along the East line of said subdivision to the point of beginning, except right of way for Grant Road along the North 40 feet thereof. Together with that portion of New Parcel B as shown on Record of Survey recorded under Auditor’s File No. 3048457 bounded on the West by the southerly extension of the East line of Lot 1, Lutheran Church of America Short Plat, as recorded in Book G of Plats at Page 4, and bounded on the South by the westerly extension of the South line of Lot 2, Maryhill Plaza Binding Site Plan No. 2017-01, as recorded under Auditor’s File No. 3207958. Douglas County Assessor’s Parcel Number 22211810007 To provide for consistency with the adjacent Light Commercial Zones; the redesignation and rezone is extended along the subject property to the North right-of-way line of Grant Road. 5/4/2021 City Council Agenda Packet Page 126 of 174 STAFF REPORT TO : Douglas County Planning Commission FROM: Douglas County Land Services Staff DATE: January 8, 2021 I. GENERAL INFORMATION Requested Action: An application submitted by Nathan Perkins tor a site specific comprehensive plan amendment to the Greater East Wenatchee Area Comprehensive Plan and Douglas County Official Zoning Map. The proposal requests a re-designation from Residential Medium to Light Commercial. CPRZ-2020-01 Location : The subject property is located on the South side of Grant Road between Mary Ave. and Nevada Ave . The Douglas County Assessors Number is 22211810007. II. SITE INFORMATION Total Project Size: 1.34 acres Site Characteristics: The bulk of the property is in single family use. See Attachment A North: Single Family Residences South: Ag-tourism East: Vacant, Apartment complex West: Ag-touring III. PUBLIC PROCESS Notice for the public hearing was e-mailed to the individuals on the interested parties list and mailed to surrounding properties. Notice for the public hearing was published in the Wenatchee World and Empire Press. The draft amendments were made available on the Douglas County Website and at the Douglas County Public Services Building in East Wenatchee . The public review of draft amendments followed the timeline below: • July 13, 2020 -Application received by Douglas County • October 19, 2020 -Application materials were received by the Department of Commerce in accordance with RCW 36 . 70A.1 06 • December 18 , 2020 -Comment period ended • January 7 , 2021 -Legal Ad was published in the Wenatchee World and Empire Press. • January 20, 2021 Planning Commission Public Hearing IV. ENVIRONMENTAL REVIEW Douglas County issued a Determination of Non-significance on October 13, 2020 in accordance with WAC 197-11-340(2}. The SEPA comment period concluded on December 18, 2020 . CPRZ-2020-01 Staff Report Page 1 5/4/2021 City Council Agenda Packet Page 127 of 174 IV. AGENCY AND PUBLIC COMMENTS: Douglas Count initiated 60-day review on October 19, 2020 . The 60 day and SEPA comment period concluded on December 18, 2020. As of the writing of this staff report , no public or agency comments have been received. V. PRO ..IECT ANALYSIS CPRZ-2020-01 proposes a site specific comprehensive plan amendment and rezone from the current designation of Residential Medium to Light Commercial. The application was originally submitted for all of APN 22211810007 and a small portion of 22211810006 . Since the application was submitted a boundary line adjustment was approved and recorded which increased APN 2221181007 to match the boundary of the property in this application . The subject property is a single lot, zoned Residential Medium, located between properties zoned Light Commercial. See Attachment B. Greater East Wenatchee Area Comprehensive Plan: Urban Growth Goal 3: Establish development patterns that use urban land more efficiently. Commercial Goals and Policies Policy C-2 : Commercial Development should provide well designed buffer areas to insure that the land use is complimentary and compatible with adjacent land uses . Policy C-7: Promote appropriately buffered multi-family residential and office development compatible with existing and potential commercial activities. Such uses should be permitted as transition between high-intensity uses (e.g . commercial) and low-intensity uses (e.g. single family residential). Analysis Redesignation of the subject property will further the above listed policies by establishing consistent zoning along this block of Grant Road . The East Wenatchee Zoning Code requires that a setback between properties that zoned R-M and C-L be 20 feet when adjacent C-L properties have no setback mandated by the zoning code. Additionally, the East Wenatchee Code requires Type I landscaping to buffer commercial from residential properties. In locations where all properties are commercial landscape buffering between adjacent properties is not mandated. Removing the single lot of residential zoning will allow all properties on this block the flexibility to more efficiently redevelop to commercial use . Medium Residential The Medium Residential designation is intended to provide areas suitable and desirable for residential use accommodating multi-family and medium density single-family opportunities. Mixed residential and professional office or residential and retail can also be accommodated in this district adjacent to commercial designations. Commercial Low Density The Grant Rd/Nile Ave commercial district comprises approximately 70 acres and is intended to mature into a community serving commercial and mixed use district serving the needs of the CPRZ-2020-01 Staff Report Page 2 5/4/2021 City Council Agenda Packet Page 128 of 174 immediate neighborhood and the entire community . This designation is applied in the hope that it will stimulate more intense residential and mixed-use development adjacent to it, creating a dynamic and walkable urban environment that is robust and convenient to residents of eastern East Wenatchee . While the comprehensive plan does place a significant value on having multi-family zoning (development) adjacent to commercial the location of the subject property sandwiched in between commercial zones creates a situation where mandatory buffering will reduce the flexibility to develop the commercial lands. Additionally due to its current use , the subject property it will be more likely to convert from single family to a commercial use versus a multi­ family use. To facilitate a more efficient redevelopment of this block of Grant Road, the subject property should be redesignated to Light Commercial. VI. RECOMMENDATION Staff recommends that the planning commission forward a recommendation of approval to the Board of County Commissioners for CPRZ-2020-01: Suggested motion to the Douglas County Planning Commission : I move to recommend approval of application CPRZ-2020-01 to amend the Greater East Wenatchee Area Comprehensive Plan and Zoning Map based on the findings of fact and conclusions presented in the January 8, 2021 staff report. Suggested Findings of Fact 1. The applicant is Nathan Perkins, 2130 Grant Road, East Wenatchee WA. 2. The subject property is located on the South side of Grant Road between Mary Ave. and Nevada Ave. The Doug las County Assessors Number is 22211810007 . 3. The subject property is designated Residential Medium by the Greater East Wenatchee Area Comprehensive Plan . 4. Douglas County has adopted a Countywide Comprehensive Plan pursuant to the Growth Management Act (GMA) and RCW Chapter 36.70A, and a series of subarea plans for each municipality in the county. These plans have been found to be consistent with each other. 5. CPRZ-2020-01 was submitted on July 13, 2020 in conformance with DCC 14.32.040. 6. Amendments to the comprehensive plan, SEPA threshold determination and supporting documentation were received at Washington State Department of Commerce on October 19,2020. 7. Douglas County issued a Determination of Nonsignificance on October 12, 2020 pursuant to WAC 197-11-340(2). 8. No comments were received during the comment period. 9. The Notice of Public Hearing before the Planning Commission was published on January 7, 2021 in the Wenatchee World and Empire Press. 10. The Douglas County Planning Commission conducted an advertised pubic hearing on January 20, 2021. The Planning Commission entered into the record the files on this amendment, accepted public testimony, and deliberated the merits of the proposal. CPRZ-2020-01 Staff Report Page 3 5/4/2021 City Council Agenda Packet Page 129 of 174 Suggested Conclusions: 1. The procedural and substantive requirements of the State Environmental Policy Act have been complied with . 2. The procedural requirements of RCW 36 .70A have been complied with . 3. The proposed amendment is consistent with the requirements of the Revised Code of Washington and the Washington Administrative Code . 4. The proposed amendment is consistent with the Douglas County Code, Greater East Wenatchee Area Comprehensive Plan and the Growth Management Act. Attachments CPRZ-2020-01 Staff Report Page 4 5/4/2021 City Council Agenda Packet Page 130 of 174 5/4/2021 City Council Agenda Packet Page 131 of 174 I I I ~ \_--,J t-----------S-MARY-AVE--_.:_=-r=-_-_-_...L_-_-_-_-_-_-_-_-_-,-, L ....----N-MARY-AVE-~_1 r I ~ (") mI . rr Z ~ I­ --I ­ ::c I r::c I 3: G) ;;0 » z ~ ::0 0 II 5/4/2021 City Council Agenda Packet Page 132 of 174 DOUGLAS CO TV TRANSPORTATION AN 140 19 TH ST. NW EAST WENATCHEE, WA 98802 (509)884-7173 COMPREHENSIVE PLAN MAP AMENDMENT/REZONE AP. Date Submitted: 11 h7:>\~ I Receipt No: L-I___-----'I File No: Section A Completion of this Section is required by all applicants (Use Section E for Multiple applicants) 1. APPLICANT Nathan Perkins JUL 1 2020 MAILING ADDRESS: 2130 Grant Rod CITY STATE WA ZIP 98802 East Wenatchee DAY PHONE NO. 509-846-3889 FAX NO. Section B Completion of this Section is required when an agent is acting for the applicant 2. AUTHORIZED AGENT MAILING ADDRESS: CITY STATE ZIP DAY PHONE NO. FAX NO. 1. GENERAL PROPERTY LOCATION (attach if necessary): 30 Grant Road, East Wenatchee WA 98802 STREET ADDRESS 2130 Grant Road TAX # % SECTION CITY SECTION East Wenatchee STATE WA ZIP 98802 LEGAL DESCRIPTION OF PERIMETER BOUNDARY (attach if necessary): AX 43 IN TAX 31 & W1j2NWNE EX RD; TOWNSHIP RANGE TOTAL SITE SIZE (in ac.) ZONING CLASSIFICATION Medium Residential COMPREHENSIVE PLAN DESIGNATION SHORELINE ENVIRONMENT K-M CPA App _5-17-20 12.doc Page 5/4/2021 City Council Agenda Packet Page 133 of 174 SECTION 0 A narrative response and documentation shall be provided for the following: 1. What is the current use of the site? Residential home, business office and home office. I work for Chelan Fresh and work from home but also use the home for running Annie's Fun Farm U-Pick farm. 2 . Please describe adjacent land uses in all directions around the subject property. Adjacent to the east is light commercial bare land. Adjacent to the south is my property and is used for farming, zoned medium density residential. Adjacent to the west is a 2.Sacre parcel of have 1.5 years remaining on a lease and currently a verbal purchase agreement. This land is being farmed and used as part of Annie's Fun Farm. Grant Road is adjacent to the north of the 3. A detailed statement how the proposed amendment is consistent with the Growth Management Act (RCW 36 .70A), county-wide planning policies, the Douglas County Comprehensive Plan, applicable city comprehensive plans and capital facilities plans. The property is outside of city limits, but inside the UGA. As part of the goals of the GMA, rezoning to light commercial would help eliminate urban sprawl low density housing. In rezoning and moving the boundary to match that of the light commercial property adjacent to the east it would square up an irregular boundary. The land already has adequate public facilities (power, sewer access, and water) being along an arterial road. Rezoning would allow the ability for the proposed cell tower (application number BPC-2020-003) to be moved to a light commercial location (with cooperation of applicant), trigger the purchase and sale of the property adjacent to the west (under verbal agreement now) in order to use the total land more efficiently and make it much more attractive to future development (all goals of the GMA). 4. A detailed statement explaining how the site is more consistent with the proposed land use designation than with the existing land use designation. Adjacent properties to the east and west of this property are zoned light commercial, so it is sandwiched between the two. Rezoning to light commercial would make the entire area mo conforming and if AT&T will agree to move their proposed cell tower site to the SE corner of this site it would make the entire area more a alin for a future uses. 5. A statement explaining how the site is suitable for the proposed designation and that there is a lack of appropriately designated alternative sites in the vicinity. Being sandwiched between two light commercial properties along an arterial road (Grant Rd the best and most conformi zonin would be Ii ht commercial. 6 . Applications proposing a change to or from a resource lands designation shall include a statement demonstrating consistency with the resource lands designation or de-designation criteria in Chapter 5 of the Douglas County Countywide Comprehensive Plan. N/A. No I to or from a resource land. 7. Is the proposed amendment adjacent to or located within lands designated as resource lands of long term commercial significance or critical areas? Will the proposed amendment adversely affect lands designated as resource lands of long term commercial significance or critical areas? N/A. The is not located within or cent to resource lands. 8. Are public facilities, infrastructure and transportation systems present to serve the intended amendment or have provisions been made in accordance with the DCC to provide the necessary facilities? Yes, the property is adjacent to Grant Rd, an arterial road. It has accessible sewer, otable water and in addition to i ion water. 5/4/2021 City Council Agenda Packet Page 134 of 174 I (We) acknowledge that: 1. The information , plans , maps and other materials submitted on and with this application are, to the best of my/our knowledge, a true and accurate representation of this proposal ; 2. Douglas County does not guarantee success of this permit application, and/or the issuance of an affirmative notice of action. The County's assistance to the applicant(s)/owner(s) does not preclude the need to address impacts raised by the public or by other federal, state or local agencies; 3 . In the event of any legal proceeding to challenge this application, any environmental determination or any other aspect of the proposed development, the Applicant(s)/Owner(s) shall be solely responsible to defend such challenge and pay all court costs and attorney's fees necessary for such defense; 4. All persons executing this acknowledgment in a representative capacity shall be personally liable and hereby personally guarantee payment of all fees, expenses and costs required by this application; and 5 . If the applicant(s), representative(s) and/or owner(s) fail to respond to a request by the Department to submit additional information , or the applicant(s), representative(s) and/or owner(s) request, orally or in writing , that further processing be suspended or postponed, and if such failure to respond or requested suspension/postponement exceeds six months , the application shall be considered abandoned and all proposed amendments shall only be further considered in the submission of a new docket notice for consideration by the Planning Commissioner. DATED:__________ Applicant.______________ DATED 7h.ho I I Owner CPA App_5-17-2012.doc Page 3 5/4/2021 City Council Agenda Packet Page 135 of 174 RECEIVED JUL 1 3 2020 DOUGLAS COUNTY TLS Douglas County, WA 7510000080 1 I~ 42700000200 7510000 1101 75 1 0 000"l2°h ~100oo13Q5 s ;ioobo0700 :00000100427000004007510000100075100002500 75100001202 , J 7510oo0130775100oo13P8 7510000150 47 75100000800 -42700000300 42700000500 75 100001104 751 ooo0120~75100001304 7 5100001400 75 10000110375100001201 GRAN 'T-RD • I UJ > ..: I e1161 17 ..: 2221 1810010 Cl 7 0800000100 <> UJ70800000200 Zr '600002700996oo0b2800 VJ S NEVADA CTr..."'......"'l,... 70800000400 1 ' 70800000300·, ...,.,'5.. f 2221 181001 996000000<1 1 f. 9600002400 !Hl00002300 9 600002200 I 99600003000 99600002100 708 oooodoo 1 709OO00000770900013900"fflSOO014300 I 222118 1 0002 22211810021 7 0900Q14SdO 70900013 7<}~ IUgllU'(71 '95 0 I 709000 157007090001 00 70900013S.~O 70900015600 7 0900008, 00 22211810006 70900013800 7 0900014400709000087.00 99600003200: 222 1181 0022 709000135007f900015800 7 09000085:00 9~00002000 • 7 09OO0 1 34007J?00015~00 -, ~ . 9960000330 7090OO13~O 70900016100 70900008400 70900 16000709000152 0 709000063100 9~6oo00 1800 t. 709000132 7 00015000 L 9960000340 oJ 222 11810023 e709000127 0 70900008ZOO "-."tE:ADOWBR00K LN 7090001 3100 f 900015100709 t 0008100 99600001 GOO 7090001230070900012600 70900007900 996000017002221 181 ()I) 11 7090001250070900007 100 70900008 00 2211810009 70900012400 10900007800 22211810012 7/13/2020 , 10 38 :54AM 1:4,514 0 .0375 0 .075 o 1S miParcel lines Minor Roads Proposed Road Township Lines Water Parcel lines Major Pub lic Road o AirporlS Township unes City Limits --, SouK:U Earl tI(Re G..mn . USGS, Int.n.p IN~EMENT P. "Rean,L.J County Boundary Minor Public Road -+-Railroads C Section Lines Esl J~n, METI E ..Chnll IHIlrt;;! Kin g), Ewl KOfe;a £_1 Thal.td ~ _ Dams Private Road [bugBa Co./<"ty WA. G IS ~1'rCI" r-ll_ 1't15map ~ ;rand ~for gen~.mlam.anp",-pcge$ crty Oou". COlI'lty mar,e, nod.:m ."to 1h. ·~OCU'iIq' gre"'-HI'1~c.:nd.o.nClf lhe d:if3ailOW'1 m Ihli 1TY:r ~ 5/4/2021 City Council Agenda Packet Page 136 of 174 • Douglas County Transportation & Land Services \ Public Services Building 140 -19TH ST NW, Suite A East Wenatchee, WA 98802 (509) 884-7173 Date 10/7/2020 N • I FeetNote: This map is intended for general lnformaUon purposes on ly . Douglas County makes no claim as to the accuracy or 02550 100 150 A • cur rent condillon of the data shown on this map . 5/4/2021 City Council Agenda Packet Page 137 of 174 I l.U >« I ~ « ~. z 1 ­J I 1 ­ l.U >« I « o :; l.U Z z -- ~________~~________________________~___ GRAN ~RD ------------------------------------~----~ 1- 1- 1- r--------­ ___________~-----I -~~=-1 " ....!.· .. ­..·~S-NEVADA··CT ..-..·-..._m l.U >« ~ a: « ~. (f) Date: 10/7/2020 Note ; This map Is In tended for general information purposes only . Doug las County makes no claim as to the accuracy or current condition of the data shown on this map . N A •• I Feet o2550 100 150 I I! o :; l.U Z. (f) ~S-MYSTICA~lOOP:~-'-____________~ ~ Douglas County • Transportation & Land Services . . Public Services BUilding 140 -19TH ST NW, Suite A . 18B3 East Wenatchee, WA 98802 (509) 884-7173 • 5/4/2021 City Council Agenda Packet Page 138 of 174 RECE~VED JUL 1 3 2020 SEPA ENVIRONMENTAL CHECKLIST DOUGLAS COUNTY TLS Purpose of checklist: Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. Th i s 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 w ill 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: For nonproject proposals (such as ordinances , regulations , plans and programs), complete the applicable parts of sections A and B plus the SUPPLEMENTAL SHEET FOR NON PROJECT 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 IHELP} 1. Name of proposed project, if applicable : 2130 Grant Road Rezone 2. Name of applicant: Nathan Perkins 3 . Address and phone number of applicant and contact person: 2130 Grant Rd ., E Wenatchee WA 98802 509-846-3889 Nathan Perkins SEPA Environmental checklist (WAC 197-11·960) July 2016 P;1 np. 1 n f 5/4/2021 City Council Agenda Packet Page 139 of 174 SEPA Environmental checklist (WAC 197-11-960) July 20 16 P::Inp. 1 nf 5/4/2021 City Council Agenda Packet Page 140 of 174 4. Date checklist prepared: 7/10/20 5. Agency requesting checklist: Douglas County 6 . Proposed timing or schedule (including phasing , if applicable): Request for re-zoning in 2021 7. Do you have any plans for future additions , expansion , or further activity related to or connected with this proposal? If yes , explain. Yes, I am proposing to have communications tower placed on this property instead of neighboring property I'm intending to purchase 8. List any environmental information you know about that has been prepared , or will be prepared , directly related to this proposal. Ground analysis 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. Rezomng to light commercial 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 ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description .) I'm proposing to rezone my current property (medium density housing) to light commercial to conform with bordering properties to the east and west 12 . Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project , including a street address , if any , and section, township , and range , if known. If a proposal would occur over a range of area , provide the range or boundaries of the site(s). Provide a legal description, site plan , vicinity map, and topographic map , if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. 2130 Grant Road , East Wenatchee WA 98802 B. Environmental Elements [HELP} 1. Earth ~ a . General description of the site: (circle one): Flat rolling, hilly, steep slopes , mountainous , other ______ b . What is the steepest slope on the site (approximate percent slope)? 6% c . What general types of soils are found on the site (for example , clay , sand, gravel , peat , muck)? If you know the classification of agricultural soils , specify them and note any agricultural land of long -term commercial significance and whether the proposal results in removing any of these soils. Sand SEPA Environmental checklist (WAC 197-11-960) Jul y 2016 P;JOP' 10 o f 5/4/2021 City Council Agenda Packet Page 141 of 174 d , Are there surface indications or history of unstable soils in the immediate vicinity? If so , describe , No e, Describe the purpose , type , total area , and approximate quantities and total affected area of any filling, excavation , and grading proposed, Indicate source offill. No fill planned at this time f. Could erosion occur as a result of clearing , construction , or use? If so, generally describe , No g,About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? 2500 square feet h , Proposed measures to reduce or control erosion , or other impacts to the earth, if any: NONE 2. Air I!N!Ql a, What types of emissions to the air would result from the proposal during construction , operation, and maintenance when the project is completed? If any , generally describe-and give approximate quantities if known, NONE b, Are there any off-site sources of emissions or odor that may affect your proposal? Ifso , generally describe , NO c, Proposed measures to reduce or control emissions or other impacts to air, if any : NONE 3. Water I..bmQ] a, Surface Water: ~ 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams , saltwater, lakes , ponds , wetlands)? If yes, describe type and provide names , If appropriate, state what stream or river it flows into , NO 2) Will the project require any work over , in, or adjacent to (within 200 feet) the described waters? If yes , please describe and attach available plans, NO 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected, Indicate the source of fill material. NONE 4) Will the proposal require surface water withdrawals or diversions? Give general description , purpose, and approximate quant ities if known , NO SEPA Environmental checklist (WAC 197·11 ·960) July 2016 Pl'lnp. 10 nf 5/4/2021 City Council Agenda Packet Page 142 of 174 5) Does the proposal lie within a 1 OO-year floodplain? If so , note location on the site plan. NO 6) Does the proposal involve any discharges of waste materials to surface waters? If so , describe the type of waste and anticipated volume of discharge . NO b . Ground Water: ~ 1) Will groundwater be withdrawn from a well for drinking water or other purposes? If so, give a general description of the well , proposed uses and approximate quantities withdrawn from the well . Will water be discharged to groundwater? Give general description, purpose , and approximate quantities if known. NO 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example : Domestic sewage ; industrial , containing the following chemicals ... ; agricultural ; etc .). Describe the general size of the system , the number of such systems , the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. Domestic Sewage c . Water runoff (including stormwater): 1) Describe the source of runoff (including storm water) and method of collection and disposal , if any (include quantities , if known). Where will this water f low? Will this water flow into other waters? If so, describe. NO change 2) Could waste materials enter ground or surface waters? If so , generally describe . NO 3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe . NO d. Proposed measures to reduce or control surface, ground , and runoff water, and drainage pattern impacts , if any : None 4. Plants ~ a. Check the types of vegetation found on the site: SEPA Environmental checklist (WAC 197-11 -960) July 20 16 P"op 1a ()f 5/4/2021 City Council Agenda Packet Page 143 of 174 _x_deciduous tree : alder, maple, aspen , other _x_evergreen tree : fir , cedar, pine , other x shrubs _x_grass __pasture _x_crop or grain __Orchards, vineyards or other permanent crops. __wet soil plants: catta il, buttercup , bullrush , skunk cabbage, other __water plants : water lily , eelgrass , milfoil, other _x_other types of vegetation b . What kind and amount of vegetation will be removed or altered? NONE c . List threatened and endangered species known to be on or near the site. NONE d . Proposed landscaping , use of native plants , or other measures to preserve or enhance vegetation on the site, if any : Enhanced landscaping e . List all noxious weeds and invasive species known to be on or near the site. PUDctur~ Vine 5. Animals J:b§pJ a . List any birds and other animals which have been observed on or near the site or are known to be on or near the site. Occassionaly hawks, mostly pigeons, and sparrows. Examples include : birds : hawk , heron, eagle , songbirds, other: mammals : deer, bear, elk , beaver, other: fish : bass, salmon, trout , herring , shellfish, other ____ b. List any threatened and endangered species known to be on or near the site . NONE c. Is the site part of a migration route? If so , explain . NO d. Proposed measures to preserve or enhance w ildlife, if any : NONE e . List any invasive animal species known to be on or near the site . NONE SEPA Environmental checklist (WAC 197-11-960) Ju ly 20 16 P M '" 10 nf 5/4/2021 City Council Agenda Packet Page 144 of 174 6. Energy and Natural Resources Iillllitl a. What kinds of energy (electric, natural gas, oil , wood stove, solar) will be used tomeet the completed project's energy needs? Describe whether it will be used for heating , manufacturing , etc . Electric energy from current power b. Would your project affect the potential use of solar energy by adjacent properties? If so , generally describe . No c . What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any : None 7. Environmental Health ~ a . Are there any environmental health hazards , including exposure to toxic chemicals , risk of fire and explosion , spill , or hazardous waste , that could occur as a result of this proposal? If so , describe . 1) Describe any known or possible contamination at the site from present or past uses . None known 2) Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. None 3) Describe any toxic or hazardous chemicals that might be stored , used , or produced during the project's development or construction , or at any time during the operating life of the project. None 4) Describe special emergency services that might be required. None 5) Proposed measures to reduce or control environmental health hazards , if any : None b. Noise 1) What types of noise exist in the area which may affect your project (for example : traffic , equipment, operation, other)? Existing traffic from Grant Road 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example : traffic , construction , operation, other)? Indi­ cate what hours noise would come from the site . Construction of proposed cell tower 3) Proposed measures to reduce or control noise impacts, if any : Limit construction hours SEPA Environmental checklist (WAC 197-11 -960) Jul y 2016 P;:top 10 of 5/4/2021 City Council Agenda Packet Page 145 of 174 8. Land and Shoreline Use £b.mI2l a. What is the current use of the site and adjacent properties? Will the proposal affect current land uses on nearby or adjacent properties? If so , describe. Current use of site is residential and home office as well as farm operation office . Adjacent properties are light commercial zoned bare ground . b. Has the project site been used as working farmlands or working forest lands? If so, describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal, if any? If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or nonforest use? The site has been farmed , but the amount of land impacted is not commercially significant. 1) Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access , the application of pesticides , tilling , and harvesting? If so, how: It will have minimal impact on my farming operation with the proposal. I own and operate the property adjacent to the south as a farm . c . Describe any structures on the site . Home/home business and home office and two shops . d. Will any structures be demolished? If so , what? None intended at this time e . What is the current zoning classification of the site? Medium density residential f . What is the current comprehensive plan designation of the site? Unknown, but would assume light commercial as the surrounding properties to the east and west are light commercial g . If applicable , what is the current shoreline master program designation of the site? N/A h . Has any part of the site been classified as a critical area by the city or county? If so , specify. No i. Approximately how many people would reside or work in the completed project? One to four j. Approximately how many people would the completed project displace? None k. Proposed measures to avoid or reduce displacement impacts, if any: None SEPA Environmental checklist (WAC 197-11-960) July 201 6 P:=!nA 10 nf 5/4/2021 City Council Agenda Packet Page 146 of 174 L. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans , if any: Looking at the Great East Wenatchee Comprehensive Plan , it appears adding more commercia l ground would be beneficial as well as having a large conforming piece . m. Proposed measures to reduce or control impacts to agricultural and forest lands of long-term commercial significance , if any: Long term plan is to continue developing a community focused farm . The amount of land impacted is not largely regarding production . 9. Housing ~ a. Approximately how many units would be provided, if any? Indicate whether high , mid­ dle , or low-income housing . No additional housing is being proposed . b . Approximately how many units , if any , would be eliminated? Indicate whether high , middle , or low-income housing. None would be eliminated . c . Proposed measures to reduce or control housing impacts, if any : None proposed , but the goal of the rezone would be to try moving the site of the proposed cellular tower to have less of an impact on long term potential development of the area. 10. Aesthetics ~ a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? No proposed structure at this point. If rezone is accepted the hope would be for a 50ft mono tower to be placed in the furthest southeast corner of the property to minimize impact on all surrounding areas . b. What views in the immediate vicinity would be altered or obstructed? If the re-zoning were accepted and AT&T were encouraged to place the tower in the proposed site the impact would be vitualy zero . Relative to the current site and future impact , this is a much better alternative . b. Proposed measures to reduce or control aesthetic impacts , if any : Reduced aesthetic impacts would be considerable with proposed movement of tower . 11. Light and Glare Lillllill a . What type of light or glare will the proposal produce? What time of day would it mainly occur? The re-zone would not create any changes . b . Could light or glare from the finished project be a safety hazard or interfere with views? No SEPA Environmental checklist (WAC 197-11-960) July 201 6 P~nA 10 nf 5/4/2021 City Council Agenda Packet Page 147 of 174 c. What existing off-site sources of light or glare may affect your proposal? None d. Proposed measures to reduce or control light and glare impacts, if any: None SEPA Environmental checklist (WAC 197-11-960) July 2016 P;:lnp. 10 nf 5/4/2021 City Council Agenda Packet Page 148 of 174 12. Recreation ~ a. What designated and informal recreational opportunities are in the immediate vicinity? The u-pick farm and pumpkin patch is a large informal recreational opportunity and the re-zone and movement of cell tower site would lessen the impact from current site . b. Would the proposed project displace any existing recreational uses? If so , describe. This proposal will not displace existing farm and activities . The cell tower application BPC-2020­ 003 will potentially have a LARGE negative impact on the community focused farm. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any : Not re-zoning and continued permitting of BPC-202-003 AT&T could potentially displace the future of the community focused farm and further development of the farm. 13. Historic and cultural preservation I.b!lli2l a. Are there any buildings , structures , or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national , state , or local preservation registers? If so, specifically describe. NONE b . Are there any landmarks , features , or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries. Are there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. NONE c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site . Examples include conSUltation with tribes and the department of archeology and historic preservation , archaeological surveys, historic maps, GIS data , etc. No methods have been used d. Proposed measures to avoid, minimize , or compensate for loss, changes to , and disturbance to resources . Please include plans for the above and any permits that may be required . None 14. Transportation I.b!lli2l a . Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Show on site plans , if any. Grant road and Mary Ave are the access points to the property. No changes proposed. b. Is the site or affected geographic area currently served by public transit? If so , generally describe. If not , what is the approximate distance to the nearest transit stop? Not currently served by public transit. Nearest transit stop is about 2 miles away. c. How many additional parking spaces would the completed project or non-project proposal SEPA Environmental checklist (WAC 197-11-960) J ul y 2016 P:>np. 10 ()f 5/4/2021 City Council Agenda Packet Page 149 of 174 have? How many would the project or proposal eliminate? None, no change . SEPA Environmental checklist (WAC 197·11·960) July 2016 P::ooP. 10 nf 5/4/2021 City Council Agenda Packet Page 150 of 174 d. Will the proposal require any new or improvements to existing roads , streets, pedestrian, bicycle or state transportation facilities, not including driveways? If so , generally describe (indicate whether public or private). No improvements proposed . e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so , generally describe. No f. How many vehicular trips per day would be generated by the completed project or proposal? If known , indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and nonpassenger vehicles). What data or transportation models were used to make these estimates? No change g . Will the proposal interfere with , affect or be affected by the movement of agricultural and forest products on roads or streets in the area? If so, generally describe. No affect on movement. h . Proposed measures to reduce or control transportation impacts, if any : None proposed . 15. Public Services I.llilli21 a. Would the project result in an increased need for public services (for example: fire protection , police protection , public transit, health care, schools , other)? If so, generally describe. No increases . b . Proposed measures to reduce or control direct impacts on public services, if any . None 16. Utilities I.llilli21 c. Describe the utilities that are proposed for the project, the utility providing the service , and the general construction activities on the site or in the immediate vicinity which might be needed. Nothing additional needed SEPA Environmental checklist (WAC 197·11 -960) Ju ly 2016 PrlOP. 10of 5/4/2021 City Council Agenda Packet Page 151 of 174 _ _ __________ _ Signature : _--#.~~~,--~:""'='---.....';==-_ c. Signature [HELP1 ete to the best of my knowledge. I understand that the decision . Name of signee -..../<...--'LoL-....::<..-..'-t---L----=>---..;.;::...;...;:;;.:;...._____________ Position and Agency/Organization _~--=..::;..;....:.----,~___________ Date Submitted : ,it3/:Z0 • I D. Supplemental sheet for nonproject actions IHELP] (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 ; pro­ duction, storage, or release of toxic or hazardous substances ; or production of noise? Proposed measures to avoid or reduce such increases are : 2. How would the proposal be likely to affect plants, animals, fish, or marine life? Proposed measures to protect or conserve plants , animals, fish, or marine life are : 3 . How would the proposal be likely to deplete energy or natural resources? Proposed measures to protect or conserve energy and natural resources are : 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, SEPA Environmental checklist (WAC 197-11-960) July 20 16 P"np. 1 0 o f 5/4/2021 City Council Agenda Packet Page 152 of 174 wilderness, wild and scenic rivers , threatened or endangered species habitat, historic or cultural sites , wetlands , floodplains , or prime farmlands? Proposed measures to protect such resources or to avoid or reduce impacts are: 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? Proposed measures to avoid or reduce shoreline and land use impacts are : 6 . How would the proposal be likely to increase demands on transportation or public services and utilities? Proposed measures to reduce or respond to such demand(s) are : 7. Identify , if possible , whether the proposal may conflict with local, state, or federal laws or requ irements for the protection of the environment. SEPA Environmental checklist (WAC 197-11-960) July 2016 P::I nA 10 of 5/4/2021 City Council Agenda Packet Page 153 of 174 R (~E~VED • JUL 1 ~ 2020D. S upplemental sheet for nonproject actions [HELP] (IT IS NOT NECESSARY to use this sheet for project actions) DOUGLAS ~OUNTY TLS 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; pro­ duction, storage , or release of toxic or hazardous substances ; or production of noise? The rezone would nol impact any of the above items Proposed measures to avoid or reduce such increases are : N/A 2 . How would the proposal be likely to affect plants, animals, fish, or marine life? We plan to continue raising crops and animals. No impact on native plants or animals . Proposed measures to protect or conserve plants, animals, fish, or marine life are: We plan to continue raising crops and animals. 3 . How would the proposal be likely to deplete energy or natural resources? The rezone would not deplete any additional energy or natural resources. If AT&T agrees to move the current proposed location referred to in application BPC-2020-003, which is a possible contingency for the purchase of the property adjac~nt to the west, there would be increase in energy consumption, but not more than the current site tower application. Proposed measures to protect or conserve energy and natural resources are : The soil is the greatest natural resource in this proposed area. I intend to continue to farm the surrounding area with rezoning approval. 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 park SEPA Environmental checklist (WAC 197·11·960) July 2016 Page 14 of 12 5/4/2021 City Council Agenda Packet Page 154 of 174 • • wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? The rezone would not threaten any of the above. Proposed measures to protect such resources or to avoid or reduce impacts are: The hope and intention is to continue to farm this land in a manor suited to enhancing the community. 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? No significant impact Proposed measures to avoid or reduce shoreline and land use impacts are: There are not any proposed measures in place 6. How would the proposal be likely to increase demands on transportation or public services and utilities? There may be an Increase In electncal usage if a cell tower were to be placed on the property, but this is contingent on rezoning, purchase of the leased property adjacent to the east, and agreement by AT&T to move the location proposed in application number: BPC-2020-003 Proposed measures to reduce or respond to such demand(s) are: If the cell tower were to be placed on the 81 e, renewable energy or solar panels could be installed on the site add 'tionally to help offset the energy usage , Otherwise, no increased consumption would have no proposal of an offset. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The rezone of the property would not have any environmental impacts. SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 15 of 12 5/4/2021 City Council Agenda Packet Page 155 of 174 DOUGLAS COUNTY TRANSPORTATION & LAND SERVICES 140 19TH STREET NW, SUITE A • EAST WENATCHEE, WA 98802 PHONE : 509/884-7173 • FAX : 509/886-3954 WINW.DOUGLASCOUNTYWA.NET DETERMINATION OF NONSIGNIFICANCE ISSUED BY DOUGLAS COUNTY TRANSPORTATION & LAND SERVICES Description of proposal: CPRZ-2020-01. A comprehensive plan/rezone amendment from Residential Medium (R-M) to Light Commercial (C-L) of approximately 1.35 acres. Proponent: Nathan Perkins. Location of proposal: The subject property is located at 2130 Grant Rd; on the S . side of Grant Road, between S. Mary and S . Nevada. The Douglas County Assessors Numbers are 22211810007 and a portion of the NE corner of 22211810006 . Lead Agency: Douglas County Transportation and Land Services The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. _There is no comment period for this DNS _This DNS is issued after using the optional DNS process in WAC 197-11-355 . There is no further comment period on this DNS . ....K......This DNS is issued under WAC 197-11-340(2); the lead agency will not act on this proposal for 14 days from the date below. Comments must be submitted by 4:00 p .m. on December 18,2020. Responsible Official: Mark Botello Phone: 509 .884.7173 Position Title: Land Services Director Contact Person: Curtis M. Lillquist, AICP Phone: 509 .884 .7173 Position Title: Principal Planner Address: 140 19th Street NW, East Wenatchee, Washington 98802 Date: October 13, 2020 James R. Barker, Administrator· ,Aaron Simmons, PE, County Engineer· Mark Botello , Land Services Director 5/4/2021 City Council Agenda Packet Page 156 of 174 CITY OF EAST WENATCHEE COUNCIL AGENDA BILL To: Mayor and Council. From/Presenter: Lori Barnett, Community Development Director Subject: Resolution 2021-08 affirming the completion of the 2020 Annual Review and Amendment process for the Greater East Wenatchee Area Comprehensive Plan. Date: May 4, 2021 I. Summary Title: A Resolution of the City of East Wenatchee, Washington affirming completion of all phases of the 2020 Annual Review and Amendment Process for the Greater East Wenatchee Area Comprehensive Plan, through the adoption of Ordinance Nos. 2021-08 and 2021-11, in compliance with the provisions of RCW 36.70A.130. II. Background/History: The Growth Management Act limits cities and counties to one annual amendment process for their comprehensive plan – with some exceptions. The City of East Wenatchee and Douglas County initiated the 2020 Annual Review and Amendment Process in July of 2020 for the Greater East Wenatchee Area Comprehensive Plan using a phased process. Typically, a phased approach is used since proposals may be initiated by the City, Douglas County or individual property owners. This cycle included text amendments proposed by an individual, updates prepared by staff, and a site-specific land use designation map amendment. The following ordinance were part of the 2020 amendment process. • Ordinance No. 2021-08, an Ordinance of the City of East Wenatchee amending the Greater East Wenatchee Area Comprehensive Plan (GEWA Plan) selected text, tables, charts, and maps in Chapter 3 Land Use, Chapter 4 Housing, and Chapter 8 Transportation as part of the 2020 Annual Amendment Process. Adopted on April 20, 2021. • Ordinance No. 2021-11, an Ordinance of the City of East Wenatchee amending the Greater East Wenatchee Area Comprehensive Plan (GEWA Plan) Land Use Map to change the land use designation of certain property located at 2130 5/4/2021 City Council Agenda Packet Page 157 of 174 Grant Road, Douglas County Assessor’s Parcel No. 22211810007, from Residential Medium Density to Light Commercial, containing a severability clause, and establishing an effect date as part of the 2020 Annual Amendment Process. Adopted on May 4, 2021. The attached resolution is formal notification of the completion of the 2020 Annual Review and Update Cycle. That resolution will be transmitted to Commerce along with the ordinances. III. Recommended Action: Motion to approve Resolution 2021-08. IV. Exhibits: Resolution 2021-08 Financial Data: Expenditure Required Amount Budgeted Appropriation Required $0 $ 0 $ 0 5/4/2021 City Council Agenda Packet Page 158 of 174 City of East Wenatchee Resolution 2021-08 Page 1 of 3 City of East Wenatchee, Washington Resolution No. 2021-08 A Resolution of the City of East Wenatchee, Washington affirming completion of all phases of the 2020 Annual Review and Amendment Process for the Greater East Wenatchee Area Comprehensive Plan, through the adoption of Ordinance Nos. 2021-08 and 2021-11, in compliance with the provisions of RCW 36.70A.130. 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 alternateformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@east-wenatchee.com, at (509) 884-9515, or at 711 (TTY). 2. Authority. 2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees. 2.2. RCW 36.70A.130 authorizes local governments planning under the Growth Management Act to review and evaluate comprehensive plans and development regulations to determine whether updates are necessary and take action by resolution or ordinance finding that a review and evaluation has occurred and identifying the revisions made. 3. Purpose. The City of East Wenatchee and Douglas County initiated the 2020 Annual Review Process for the Greater East Wenatchee Area Comprehensive Plan using a phased process since proposals were initiated by the City and private parties for properties outside the City Limits. The City Council approved updates and amendments to the Comprehensive Plan with the adoption of the following Ordinances: 5/4/2021 City Council Agenda Packet Page 159 of 174 City of East Wenatchee Resolution 2021-08 Page 2 of 3 3.1. Ordinance No. 2021-08, an Ordinance of the City of East Wenatchee amending the Greater East Wenatchee Area Comprehensive Plan (GEWA Plan) selected text, tables, charts, and maps in Chapter 3 Land Use, Chapter 4 Housing, and Chapter 8 Transportation as part of the 2020 Annual Amendment Process. Adopted on April 20, 2021. 3.2. Ordinance No. 2021-11, an Ordinance of the City of East Wenatchee amending the Greater East Wenatchee Area Comprehensive Plan (GEWA Plan) Land Use Map to change the land use designation of certain property located at 2130 Grant Road, Douglas County Assessor’s Parcel No. 22211810007, from Residential Medium Density to Light Commercial, containing a severability clause, and establishing an effect date as part of the 2020 Annual Amendment Process. Adopted on May 4, 2021. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: 4. Completion of 2020 Annual Review and Amendment Process. The City Council affirms that the City, through the adoption of Ordinance Nos. 2021-08 and 2021-11 has completed all phases of its 2020 Annual Review and Amendment Process for the comprehensive plan in conformance with RCW 36.70A.130. 5. Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution. 6. Effective date. This Resolution becomes effective immediately. 5/4/2021 City Council Agenda Packet Page 160 of 174 City of East Wenatchee Resolution 2021-08 Page 3 of 3 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 Attest: ___________________________ Maria Holman, City Clerk Approved as to form only: ___________________________ Devin Poulson, City Attorney Filed with the City Clerk: __________ Passed by the City Council: __________ Effective Date: __________ 5/4/2021 City Council Agenda Packet Page 161 of 174 CITY OF EAST WENATCHEE COUNCIL AGENDA BILL To: Mayor and Council From/Presenter: Tom Wachholder, Project Development Manager Subject: Temporary Right of Way Use Agreement Date: May 4, 2021 I. Summary Title: Temporary Right of Way Use Agreement (Agreement) between the City of East Wenatchee (City) and Hurst Construction, LLC (Hurst) for purpose of staging construction materials necessary to complete Douglas County Sewer District’s Kentucky View Lift Station Phase 2 Project. II. Background/History: The Douglas County Sewer District (Sewer District) identified a need to expand their sanitary sewer system and started the first phase of their Kentucky View Lift Station project in 2016. This project installed a new sewer lift station and replaced existing sanitary sewer pipe in 4th Street SE located east of S Iowa Ave. Now the Sewer District is executing phase 2 of the Kentucky View Lift Station project, which continues to replace the existing 4th Street SE sanitary line from S Iowa Ave west. Hurst was awarded the construction contract by the Sewer District and Hurst has requested to utilize a vacant section of City right of way to stage construction materials. The proposed City right of way staging area is located at the northeast corner of Highline Drive and Pace Drive. The proposed Agreement grants Hurst temporary rights to stage construction materials for a period of eight months, or until Hurst ceases to use the staging area. In addition, the Agreement stipulates that upon completion of the Project, Hurst is responsible for restoring the staging area as nearly as possible to the condition immediately before the area was entered upon. III. Recommended Action: Authorize Mayor Crawford to execute the proposed Temporary Right of Way Use Agreement between the City of East Wenatchee and Hurst Construction, LLC. IV. Exhibits: Temporary Right of Way Use Agreement 5/4/2021 City Council Agenda Packet Page 162 of 174 Financial Data: Expenditure Required Amount Budgeted Appropriation Required $0 $0 $0 5/4/2021 City Council Agenda Packet Page 163 of 174 Temporary Right of Way Use Agreement Page 1 of 2 TEMPORARY RIGHT OF WAY USE AGREEMENT Please return document to: City of East Wenatchee Tom Wachholder, Project Development Manager 271 9th Street NE East Wenatchee, WA 98802 Document Title: Temporary Right of Way Use Agreement Reference Number of Related Document: N/A Grantor(s): City of East Wenatchee Grantee: Hurst Construction, LLC Assessor’s Tax Parcel Number(s): 402-000-024-02 Property Address: N/A TEMPORARY RIGHT OF WAY USE AGREEMENT The Grantors, City of East Wenatchee, for and in consideration of MUTUAL BENEFITS, convey(s) and grant(s) unto Hurst Construction, LLC, and its assigns, a Temporary Right of Way Use over, under, upon and across the hereinafter described lands (“Staging Area”) for the purpose of staging construction materials necessary to complete Douglas County Sewer District’s Kentucky View Lift Station Phase 2 Project (“Project”). It is understood and agreed that upon completion of the construction of the Project, Grantee or its agents shall restore the disturbed lands as nearly as possible to the condition immediately before the property was entered upon by Grantee. The temporary rights herein granted shall commence upon the Grantors’ execution of this Temporary Right of Way Use Agreement document and shall continue for a period of eight months, or until the Grantee ceases to use the Staging Area for the purposes stated herein, whichever occurs first. The Grantee releases and shall indemnify and hold harmless the City, its elected officials, officers, employees, agents and volunteers for any and all claims, demands, losses, intentional acts, negligent acts or omissions, and liabilities (including costs and all attorney's fees) to or by any and all persons and entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with the Project to the extent caused by the intentional acts or negligent acts of the Grantee, its partners, shareholders, agents, employees, or by the Grantee’s breach of this Temporary Right of Way Use Agreement. Parcel No: 402-000-024-02 5/4/2021 City Council Agenda Packet Page 164 of 174 5/4/2021 City Council Agenda Packet Page 165 of 174 P a c e D rHighline Dr1st St SE Simon S t 0 50 10025 Feet Temporary Right of Way Use Staging Area . This map is intended for general purposes only. The City of East Wenatchee makes no representation as to the accuracy or current condition of the data shown on this map Legend Street Staging Area 5/4/2021 City Council Agenda Packet Page 166 of 174 CITY OF EAST WENATCHEE COUNCIL AGENDA BILL To: Mayor Crawford and City Council From/Presenter: Garren Melton, Natural Resource Specialist Subject: Stormwater Comprehensive Plan Update – Contract Amendment with RH2 Engineering Date: May 4, 2021 I. Summary Title: Contract Amendment for the 2020 Stormwater Utility Comprehensive Plan Update. II. Background/History: RCW Chapter 35.67 authorizes cities to establish a surface and stormwater management utility. RCW Chapter 36.89 authorizes counties to establish, acquire, develop, and construct stormwater control facilities. In 1998, The City of East Wenatchee (City) and Douglas County (County) established separate Stormwater Utilities by adopting Ordinances 98-07 and TLS 98-10-21B, respectively. An initial interlocal agreement (ILA) was executed in March of 1998 which established joint operating procedures for the “Greate r East Wenatchee Storm Water Utilities.” In 2013, the Greater East Wenatchee Stormwater Utility (GEWSWU) selected a consultant to develop a stormwater comprehensive plan in an effort to identify stormwater runoff issues, establish a Capital Improvement Plan (CIP), conduct a stormwater utility rate study, and conduct a gap analysis relating to 2014 Eastern Washington Phase II Stormwater Permit (Permit) requirements. The 2013 GEWSWU draft comprehensive stormwater plan was submitted to the GEWSWU in 2015; however, the plan was never finalized or formally adopted. Joint Stormwater Utility (Utility) operations ceased as of January 1, 2020 per the executed Termination of Interlocal Cooperative Agreement between Douglas County and City of East Wenatchee for Storm and Surface Water Management dated November 5, 2019. Since the City now manages its own Utility, Public Works staff identified a need to complete and adopt a comprehensive stormwater plan for the purpose of analyzing Utility rates, identifying stormwater system deficiencies, conducting a gap analysis associated with the City’s 2019 Permit, and establishing a CIP. 5/4/2021 City Council Agenda Packet Page 167 of 174 The scope of work associated with this effort is to update anal yses that were previously conducted in the 2015 GEWSWU draft stormwater comprehensive plan and tailor the updated stormwater comprehensive plan to the City’s Utility needs. In addition, the scope of work includes reviewing funding mechanisms for the Utility, developing budget scenarios for capita l project schedules, and beginning the design process on the highest priority projects. Public Works Department staff advertised a Request for Proposals (RF P) in the Wenatchee World on February 9 and February 16, 2020 soliciting consultants with stormwater comprehensive plan, stormwater modeling, and utility rate study experience. Based on proposal evaluation scores, RH2 Engineering (RH2) was deemed the “most qualified” consultant. In the Council meeting on March 17, 2020 the Mayor was authorized to negotiate and execute a professional services agreement with RH2 not to exceed $150,000. In the fall of 2020 City staff were notified that a grant application submitted to the Department of Ecology (Ecology) on October 15, 2019 was selected for funding. The grant provided $127,500 toward the update to the City’s comprehensive stormwater plan. City Council authorized the Mayor to sign the Grant Agreement with Ecology at the January 19, 2021 Council meeting. Due to the original professional services agreements scope of work being established prior to receiving the Ecology grant, a few items that were on the grant application were cut to save cost. For example, identifying water quality hotspots, and creating a list of water quality focused capital improvement projects. This proposed Contract Amendment addresses these items, as well as expands the study area to include the area south of City limits and west of South Kentucky Ave. The cost of this Contract Amendment is $63,093. This is a necessary expenditure to ensure the City receives the full grant amount of $127,500 from Ecology. After taking all the costs into account, the City’s portion of this contract drops from $150,000 to $86,907, a net benefit of $63,093. III. Recommended Action: Authorize the Mayor to sign proposed Contract Amendment No. 1 with RH2 Engineering. IV. Exhibits: Contract Amendment No. 1 Financial Data: Expenditure Required Amount Budgeted Appropriation Required $212,675 $150,000 $62,675 5/4/2021 City Council Agenda Packet Page 168 of 174 04/26/21 9:56 AM J:\data\EW\20-0071\Contract\Amend No. 1\Amnd No. 1_AGMT_SWCP.docx City of East Wenatchee Contract Amendment No. 1 Stormwater Comprehensive Plan Update RH2 Project No. EW 20.0071 In accordance with our Professional Services Agreement for the Stormwater Comprehensive Plan Update, dated May 29, 2020, this is an authorization to revise the project Scope of Work as described below. The work will be performed and invoiced using the terms and conditions listed in the original agreement, plus previous amendments. Modify the following items from the Scope of Work: Reference attached Exhibit A – Scope of Work and Exhibit B – Fee Estimate. The engineering fee authorization will increase by $63,093 for a total authorization amount of $212,675. Please sign this authorization in the space provided below and return to RH2 Engineering, Inc., by mail at the address below, or by email to ehowe@rh2.com. RH2 Engineering, Inc. City of East Wenatchee Signature Signature Print Name/Title Print Name/Title Date Date RH2 Engineering, Inc., 300 Simon Street SE, Suite 5, East Wenatchee, WA 98802 City of East Wenatchee, 271 9th Street NE, East Wenatchee, WA 98802 Original Page 1 of 6 Pages 4/27/2021 Paul R. Cross, Executive Vice President 5/4/2021 City Council Agenda Packet Page 169 of 174 1 4/26/2021 9:58:12 AM J:\data\EW\20-0071\Contract\Amend No. 1\Amnd No. 1_SOW_SWCP.docx EXHIBIT A Scope of Work Amendment No. 1 City of East Wenatchee Stormwater Comprehensive Plan Update April 2021 Background RH2 Engineering, Inc., (RH2) has been retained by the City of East Wenatchee (City) to update an existing Draft Stormwater Comprehensive Plan (SWCP). Subsequent to entering into this agreement, the City acquired a grant from the Washington State Department of Ecology (Ecology) for water-quality retrofit planning. The City has requested a scope amendment to cover the services required in the City’s grant agreement with Ecology. The following Scope of Work outlines the additional tasks and several other scope items that were not included in the original agreement. RH2 will continue to utilize Northwest Hydraulic Consultants (NHC)as a subconsultant to assist with the added work. RH2 will rely upon the accuracy and completeness of information, data, or materials produced or generated by the City or others in relation to this Scope of Work. Task 1 –No amendment to Task 1. Task 2 –No Amendment to Task 2. Task 3 –Basin Identification and Analysis Approach: 3.13 Add representation of an additional fourteen (14)facilities (20 total)in the City’s stormwater model.The previously authorized Subtask 3.10 included representation of the six (6)largest stormwater facilities within the City in the stormwater model.Work to be completed by NHC. 3.14 Add additional detail in the undeveloped portion of drainage network. This includes additional conveyance pathway information to ensure that routing of overland flood flows between each of the cross streets (e.g., 3rd, 5th, and Canyon A and B),additional dry wells,and other detail in unincorporated portions of the watersheds draining into the City’s Municipal Stormwater permit area. This expands on the coarser overland flood routing included in the original scope that was limited to pipes and major ditches.Work to be completed by NHC. 3.15 Provide mapping of base flood elevations along major drainage corridors based on the 1D Storm Water Management Model (SWMM)output.The Ecology grant states that mapping be performed to “…show the high watermark for the 25-and 100-year storm for the main Original Page 2 of 6 Pages5/4/2021 City Council Agenda Packet Page 170 of 174 City of East Wenatchee Exhibit A Stormwater Comprehensive Plan Update Scope of Work 2 4/26/2021 9:58:12 AM J:\data\EW\20-0071\Contract\Amend No. 1\Amnd No. 1_SOW_SWCP.docx drainage path in each basin.” The network analysis performed in the prior scope of work includes mapping locations of deficiencies,but overland flood modeling and/or inundation area and/or base flood elevation (i.e. high watermark) mapping was not previously a deliverable.Work to be completed by NHC. 3.16 Accompany City-provided survey team to locate, GPS, and inventory the City’s stormwater outfalls to the Columbia River.Work to be completed by NHC. RH2 Deliverables: ·Mapping in PDF format to show items listed in subtasks 3.13 through 3.16. Task 4 –Determine Basin Deficiencies Approach: 4.11 Add additional consideration for where redevelopment is expected and how runoff from those areas will be mitigated.The previously authorized scope of work assumed that future conditions modeling would be limited to a full build-out of the basin.Work to be completed by NHC. 4.12 Add and size branches along Rock Island Road and South Kentucky Avenue to a new outfall at the Columbia River.The City has requested that the future stormwater system be expanded south from the current 4th Street SE boundary to the Columbia River.Work to be completed by NHC. 4.13 Develop mapping based on the Ecology grant, which states “A map identifying high usage sites and roadways with high average daily traffic (ADT)including proposed oil control locations.”Mapping,to be completed by NHC, will include: a.Mapping of high usage sites and roadways with high ADT; b.Mapping of developed areas that are already receiving water-quality treatment (including residential in addition to commercial/industrial/roadway); and c.Mapping of recommended locations for additional oil control treatment for roadway areas. 4.14 Enhance the previously authorized Subtask 4.9 through a GIS-based approach to map hot spots based on where the highest loads are and where existing treatment is based on the Ecology grant that states the SWCP “…identify water quality concerns at hot spots in the system that are not currently meeting the goals for water quality.”If there are areas with high loads,these areas will be where added structural treatment is focused.Work to be completed by RH2 and NHC. 4.15 Review the City’s existing Operations and Maintenance (O&M)plan and provide recommendations for programmatic opportunities like increased O&M to clean catch basins, implement street sweeping programs, or provide inspections of source control measures used by businesses, etc. The City will provide the O&M plan updated in 2017 by Otak and it Original Page 3 of 6 Pages5/4/2021 City Council Agenda Packet Page 171 of 174 City of East Wenatchee Exhibit A Stormwater Comprehensive Plan Update Scope of Work 3 4/26/2021 9:58:12 AM J:\data\EW\20-0071\Contract\Amend No. 1\Amnd No. 1_SOW_SWCP.docx will be incorporated into the final SWCP document as appropriate.Work to be completed by RH2 and NHC. 4.16 Recommend water quality retrofit areas and/or locations. Specific tasks and deliverables include (work to be completed by RH2 and NHC): ·List of fifteen (15)recommended water quality retrofit areas and/or locations. A tabulated summary encompassing all fifteen (15)projects will be provided that describes the water quality problem, identifies best management practice (BMP)alternatives for the site and the pollutants being targeted, and identifies ownership or potential issues/constraints. ·Utilize one (1) field day to visit all fifteen (15)water quality retrofit areas/locations to identify potential design issues/constraints and help prioritize the top five (5)locations for further analysis.It is assumed that one (1) RH2 staff will be accompanied by one (1) NHC staff person for a total of one (1) day in the field plus time for travel. ·Using observations from the field day, City and RH2 input, and stormwater modeling results, develop/rank the top five (5)locations for water quality retrofits and develop 10-percent design exhibits for each location. Each design exhibit will include a one (1) page narrative that summarizes the problem, identifies two (2)or three (3)BMP alternatives and targeted pollutants, and identifies potential issues/constraints (identified utility conflicts, etc.), the recommended BMP technology, and planning-level cost estimates for flow control and water quality treatment elements (flow control and water quality treatment costs will be separated out to the extent feasible). An 11-inch by 17-inch schematic showing the proposed/improved condition also will be provided. Provided by the City: ·Existing O&M plan. RH2 Deliverables: ·Mapping identified in Subtask 4.13 in electronic PDF format. ·Recommended water quality projects and conceptual design exhibits in electronic PDF format. Original Page 4 of 6 Pages5/4/2021 City Council Agenda Packet Page 172 of 174 City of East Wenatchee Exhibit A Stormwater Comprehensive Plan Update Scope of Work 4 4/26/2021 9:58:12 AM J:\data\EW\20-0071\Contract\Amend No. 1\Amnd No. 1_SOW_SWCP.docx Task 5 –No amendment to Task 5. Task 6 –No amendment to Task 6. Task 7 –No amendment to Task 7. Task 8 –Comprehensive Stormwater Management Plan Compilation Approach: 8.6 Prepare and develop additional reporting and figures to address scope amendments. 8.7 Add one (1)additional plan review cycle to allow review by and response to comments from Ecology.Incorporate review comments into plan. RH2 Deliverables: ·Draft SCWP in electronic PDF format. ·Final SCWP in electronic PDF format. Original Page 5 of 6 Pages5/4/2021 City Council Agenda Packet Page 173 of 174 EXHIBIT B Fee Estimate Amendment No. 1 City of East Wenatchee Stormwater Comprehensive Plan Update Apr-21 Description Total Hours Total Labor Total Subconsultant Total Expense Total Cost Classification Task 3 Basin Identification and Analysis --$ 16,077$ -$ 16,077$ Task 4 Determine Basin Deficiencies 68 10,456$ 27,462$ 1,923$ 39,841$ Task 8 Comprehensive Stormwater Management Plan Compilation 4 908$ 6,245$ 23$ 7,175$ PROJECT TOTAL 72 11,364$ 49,784$ 1,945$ 63,093$ J:\data\EW\20-0071\Contract\Amend No. 1\Amnd No. 1_FEE_SWCP.xlsm 4/26/2021 9:53 AM Original Page 6 of 6 Pages5/4/2021 City Council Agenda Packet Page 174 of 174