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HomeMy WebLinkAbout5/18/2021 - 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.) 5/18/2021 Council Meeting Agenda Page 1 of 2 East Wenatchee City Council Meeting Tuesday, May 18, 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/89618453097 Phone-in option for the meeting: 253 215 8782, Meeting ID: 896 1845 3097 AGENDA 6:00 p.m. Regular Meeting Call to Order, Roll Call and Pledge of Allegiance. 1.Consent Items: a.First Amendment to the agreement between the City of East Wenatchee and Columbia Valley Housing Association for the East Wenatchee 2019 CDBG Homeownership Assistance Program. Pg. 3 b.Second Amendment to the agreement between the City of East Wenatchee and Columbia Valley Housing Association for the East Wenatchee 2018 CDBG Homeownership Assistance Program. Pg. 7 Vouchers: c.Date: 5/18/2021, Checks: 55105 - 55106; 55113 - 55166, in the amount of $329,780.20. Pg. 9 d.April 2021 Payroll Certification. Pg. 32 Minutes: e.5/4/2021 City Council Meeting Minutes. Pg. 49 f.5/13/2021 City Council Workshop Meeting Minutes. Pg. 53 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, th e Mayor may suggest that your comments wait until that time. Citizen comments will be limited to three minutes. 3. Presentations. None. 5/18/2021 City Council Agenda Packet Page 1 of 140 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.) 5/18/2021 Council Meeting Agenda Page 2 of 2 4. Department Report. None. 5. Mayor’s Report. a. Ben Fauconnier, Police Sergeant, 15-year Service Award. Pg. 55 b. 2021 Memorial Day Proclamation. Pg. 56 6. Action Items. a. East Wenatchee Events Board funding recommendation for the Greater Wenatchee Girls Softball Association’s Sterling Invite, May 29-31, 2021, $5,000 Lodging Tax request – Trina Elmes, Events Director/PIO. Pg. 57 Motion by City Council to fund the Greater Wenatchee Girls Softball Association request of Lodging taxes in the amount of $5,000 for the Sterling Invite and authorize the mayor to sign a Grant Agreement for an amount not to exceed $5,000. b. 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 and by repealing Section 9.14020 of the East Wenatchee Municipal Code – Devin Poulson, City Attorney. Pg. 71 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. c. Bond Counsel Contract, a contract between the City of East Wenatchee and Foster Garvey for $25,100 for bond counsel services in connection with the issuance of a limited tax general obligation bond (Bond) in the principal amount of $10,000,000 – Josh DeLay, Finance Director. Pg. 126 Motion by City Council to authorize the Mayor to sign and execute the contract with Foster Garvey as presented. 7. Council Reports & Announcements. a. Reports/New Business of Council Committees 8. Adjournment. 5/18/2021 City Council Agenda Packet Page 2 of 140 First Amendment to Subrecipient Agreement: CVHA Homeownership Assistance Program CDBG PY2019 - 1 - FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF EAST WENATCHEE AND COLUMBIA VALLEY HOUSING ASSOCIATION FOR THE EAST WENATCHEE 2019 CDBG HOMEOWNERSHIP ASSISTANCE PROGRAM THIS AMENDMENT TO THE AGREEMENT, is made and entered into this 18th day of May, 2021 between the City of East Wenatchee (“Grantee”) and the Columbia Valley Housing Association (“Subrecipient”). RECITALS WHEREAS, the Grantee has applied for and received funds from the United States Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended, Public Law 93-383; WHEREAS, the 2019 Annual Action Plan allocated $108,695 in CDBG funds for a direct homeownership assistance program; WHEREAS, the Grantee selected the Columbia Valley Housing Association (CVHA) as a Subrecipient to administer the direct homeownership assistance program; WHEREAS, on December 3, 2019, the East Wenatchee City Council approved entering into an agreement with CVHA and the CVHA Board of Directors approved the Agreement; WHEREAS, on May 19, 2020, the East Wenatchee City Council amended the 2019 Annual Action Plan with Resolution 2020-16, in response the COVID-19 Pandemic, reducing the funding allocated to the direct homeownership assistance program to $58,695; WHEREAS, local housing market conditions related to lack of inventory and high cost delayed the ability of CVHA to find homes that are available for purchase and affordable to low and moderate income families, as defined by HUD guidelines; NOW, THEREFORE, it is agreed between the parties hereto that the agreement will be amended as described below; 5/18/2021 City Council Agenda Packet Page 3 of 140 First Amendment to Subrecipient Agreement: CVHA Homeownership Assistance Program CDBG PY2019 - 2 - Amendment 1: Amend section II which currently reads: II. TIME OF PERFORMANCE Services of the Subrecipient must start on the 3rd day of December, 2019 and end on the 14th day of December, 2020. The term of this Agreement and the provisions herein must be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets. To Read: II. TIME OF PERFORMANCE Services of the Subrecipient must start on the 3rd day of December, 2019 and end on the 31st day of December, 2022. The term of this Agreement and the provisions herein must be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets. Amendment 2: Amend section III which currently reads: III. BUDGET Line Item Amount Homeownership Assistance Grants $98,000 Program Operations* $10,695 TOTAL $108,695 *Program Operations includes reasonable and necessary direct program support costs (i.e. program supplies/materials, salaries for staff members providing direct program services). The amounts listed for each Budget Line Item may be modified by the Subrecipient; provided, the amount expended for Program Operations does not exceed 10% of the Grant Amount. Any costs and time charged must be documented through the appropriate means (i.e., invoices, receipts, time and attendance records, etc.). The documentation must be kept on file and will be reviewed at financial monitoring. In addition, the Grantee may require a more detailed budget breakdown than the one contained herein, and the Subrecipient must provide such supplementary budget information in a timely 5/18/2021 City Council Agenda Packet Page 4 of 140 First Amendment to Subrecipient Agreement: CVHA Homeownership Assistance Program CDBG PY2019 - 3 - fashion in the form and content prescribed by the Grantee. Any amendments to the budget must be approved in writing by both the Grantee and the Subrecipient. To Read: III. BUDGET Line Item Amount Homeownership Assistance Grants $52,826 Program Operations* $ 5,869 TOTAL $58,695 *Program Operations includes reasonable and necessary direct program support costs (i.e. program supplies/materials, salaries for staff members providing direct program services). The amounts listed for each Budget Line Item may be modified by the Subrecipient; provided, the amount expended for Program Operations does not exceed 10% of the Grant Amount. Any costs and time charged must be documented through the appropriate means (i.e., invoices, receipts, time and attendance records, etc.). The documentation must be kept on file and will be reviewed at financial monitoring. In addition, the Grantee may require a more detailed budget breakdown than the one contained herein, and the Subrecipient must provide such supplementary budget information in a timely fashion in the form and content prescribed by the Grantee. Any amendments to the budget must be approved in writing by both the Grantee and the Subrecipient. Amendment 3: Amend section IV which currently reads: IV. PAYMENT It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed $53,469. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Paragraph III herein and in accordance with performance. If applicable, expenses for general administration shall also be paid against the line item budgets specified in Paragraph III and in accordance with performance. 5/18/2021 City Council Agenda Packet Page 5 of 140 First Amendment to Subrecipient Agreement: CVHA Homeownership Assistance Program CDBG PY2019 - 4 - Payments may be contingent upon certification of the Subrecipient’s financial management system in accordance with the standards specified in 24 CFR 84.21. To Read: IV. PAYMENT It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed $58,695. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Paragraph III herein and in accordance with performance. If applicable, expenses for general administration shall also be paid against the line item budgets specified in Paragraph III and in accordance with performance. Payments may be contingent upon certification of the Subrecipient’s financial management system in accordance with the standards specified in 24 CFR 84.21. IN WITNESS WHEREOF, the Parties have executed this amendment to the agreement as of the date first written above. Grantee City of East Wenatchee Subrecipient Columbia Valley Housing Association By By Jerrilea Crawford, Mayor Board President Attest Maria Holman, City Clerk Approved as to form Devin Poulson, City Attorney 5/18/2021 City Council Agenda Packet Page 6 of 140 Second Amendment to Subrecipient Agreement: CVHA Homeownership Assistance Program CDBG PY 2018 - 1 - SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF EAST WENATCHEE AND COLUMBIA VALLEY HOUSING ASSOCIATION FOR THE EAST WENATCHEE 2018 CDBG HOMEOWNERSHIP ASSISTANCE PROGRAM THIS AMENDMENT TO THE AGREEMENT, is made and entered into this 18th day of May, 2021 between the City of East Wenatchee (“Grantee”) and the Columbia Valley Housing Association (“Subrecipient”). RECITALS WHEREAS, the Grantee has applied for and received funds from the United States Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended, Public Law 93-383; WHEREAS, the 2018 Annual Action Plan allocated $53,469 in CDBG funds for direct homeownership assistance; WHEREAS, the Grantee selected the Columbia Valley Housing Association (CVHA) as a Subrecipient to administer the direct homeownership assistance program; WHEREAS, on July 2, 2019, the East Wenatchee City Council approved entering into an agreement with CVHA and the CVHA Board of Directors approved the Agreement; WHEREAS, local housing market conditions related to lack of inventory and high cost delayed the ability of CVHA to find homes that are available for purchase and affordable to low and moderate income families, as defined by HUD guidelines; WHEREAS, on December 3, 2019, the East Wenatchee City Council approved the First Amendment to the agreement to extend the deadline for performance to December 14, 2020; and WHEREAS, the local market conditions necessitating the First Amendment to the agreement persists; NOW, THEREFORE, it is agreed between the parties hereto that the Agreement will be amended a second time as described below; 5/18/2021 City Council Agenda Packet Page 7 of 140 Second Amendment to Subrecipient Agreement: CVHA Homeownership Assistance Program CDBG PY 2018 - 2 - Amendment 1: Amend section II which currently reads: II. TIME OF PERFORMANCE Services of the Subrecipient must start on the 2nd day of July, 2019 and end on the 14th day of December, 2020. The term of this Agreement and the provisions herein must be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets. To Read: II. TIME OF PERFORMANCE Services of the Subrecipient must start on the 2nd day of July, 2019 and end on the 31st day of December, 2022. The term of this Agreement and the provisions herein must be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets. IN WITNESS WHEREOF, the Parties have executed this amendment to the agreement as of the date first written above. Grantee City of East Wenatchee Subrecipient Columbia Valley Housing Association By By Jerrilea Crawford, Mayor Board President Attest Maria Holman, City Clerk Approved as to form Devin Poulson, City Attorney 5/18/2021 City Council Agenda Packet Page 8 of 140 CHECKS: 55105 - 55106; 55113 - 55166 VOIDED CHECKS: None DEPARTMENT/FUND AMOUNT General Fund 001 $34,883.47 Street Fund 101 $11,009.59 Community Dev Grants Funds 102 $0.00 Transportation Benefit District Fund 105 $0.00 Debt Reserve Fund 110 $0.00 Library Fund 112 $168.48 Hotel/Motel Tax Fund 113 $0.00 Drug Fund 114 $0.00 Criminal Justice Fund 116 $0.00 Events Board Fund 117 $0.00 Bond Redemption Fund 202 $170,974.55 Street Improvements Fund 301 $14,941.79 Storm Water Improvements 308 $0.00 Capital Improvements Fund 314 $25,000.00 Stormwater Fund 401 $2,351.53 Equipment R&R Fund 501 $3,693.57 Cafeteria Plan 634 $50.00 Custodial Activities 635 $66,707.22 Grand Total All Funds $329,780.20 CITY OF EAST WENATCHEE CHECK REGISTER May 18, 2021 PAYABLES 5/18/2021 City Council Agenda Packet Page 9 of 140 Fund Number Description Amount 001 General Fund $34,883.47 101 Street Fund $11,009.59 112 Library Fund $168.48 202 Bond Redemption Fund $170,974.55 301 Street Improvements Fund $14,941.79 314 Capital Improvements Fund $25,000.00 401 Stormwater Fund $2,351.53 501 Equipment Purchase, Repair & Replacement Fund $3,693.57 634 Cafeteria Plan $50.00 635 Custodial Activities Fund $66,707.22 Count: 10 $329,780.20 Fund Transaction Summary Transaction Type: Invoice Fiscal: 2021 - May 2021 - May 2021 2nd Council Printed by EASTWENATCHEE\ASchulz on 5/12/2021 11:09:13 AM Page 1 of 1 East Wenatchee - Fund Transaction Summary 5/18/2021 City Council Agenda Packet Page 10 of 140 Vendor Number Reference Account Number Description Amount 911 Supply Inc 55117 2021 - May 2021 - May 2021 2nd Council CM-2-1386 Credit 001-000-210-521-10-35-00 Small Tools & Equipment ($244.13) Total CM-2-1386 ($244.13) CM-2-1387 Credit 001-000-210-521-10-35-00 Small Tools & Equipment ($396.00) Total CM-2-1387 ($396.00) CM-2-1388 Credit 001-000-210-521-10-35-00 Small Tools & Equipment ($249.04) Total CM-2-1388 ($249.04) INV-2-10223 Police/Uniform Supplies 001-000-210-521-10-35-00 Small Tools & Equipment $182.16 Total INV-2-10223 $182.16 INV-2-10238 Police/Uniform Supplies 001-000-210-521-10-35-00 Small Tools & Equipment $414.77 Total INV-2-10238 $414.77 INV-2-10349 Police/Uniform Supplies 001-000-210-521-10-35-00 Small Tools & Equipment $136.71 Total INV-2-10349 $136.71 INV-2-10364 Police/Uniform Supplies 001-000-210-521-10-35-00 Small Tools & Equipment $312.99 Total INV-2-10364 $312.99 Total 55117 $157.46 Total 911 Supply Inc $157.46 Voucher Directory Fiscal: : 2021 - May 2021 Council Date: : 2021 - May 2021 - May 2021 2nd Council Printed by EASTWENATCHEE\ASchulz on 5/12/2021 11:07:48 AM Page 1 of 21 East Wenatchee - Voucher Directory 5/18/2021 City Council Agenda Packet Page 11 of 140 Vendor Number Reference Account Number Description Amount A WorkSAFE Service, Inc. 55118 2021 - May 2021 - May 2021 2nd Council 305007 Street/Drug Test 001-000-139-518-10-40-01 Membership Dues & Publications $55.00 Total 305007 $55.00 Total 55118 $55.00 Total A WorkSAFE Service, Inc.$55.00 AG Supply Company INC 55119 2021 - May 2021 - May 2021 2nd Council 47361 Street/Traffic Supplies 101-000-430-543-30-30-00 Supplies - General Services $33.11 Total 47361 $33.11 473733 Street/Parks Supplies 101-000-420-542-75-30-00 Supplies - City Parks $53.05 Total 473733 $53.05 473976 Street/Parks Supplies 101-000-420-542-75-48-00 Repairs & Maintenance - City Parks $0.86 Total 473976 $0.86 473984 Street/Parks Supplies 101-000-420-542-75-48-00 Repairs & Maintenance - City Parks $1.94 Total 473984 $1.94 474078 Street/Traffic Supplies 101-000-420-542-64-30-00 Supplies - Traffic Control Devices $54.94 Total 474078 $54.94 474356 Street/Traffic Supplies 101-000-420-542-64-30-00 Supplies - Traffic Control Devices $21.41 Total 474356 $21.41 474488 Street/Traffic Supplies 101-000-420-542-75-30-00 Supplies - City Parks $30.31 Total 474488 $30.31 474664 Street/Parks Supplies 101-000-420-542-75-30-00 Supplies - City Parks $37.88 Total 474664 $37.88 Printed by EASTWENATCHEE\ASchulz on 5/12/2021 11:07:48 AM Page 2 of 21 East Wenatchee - Voucher Directory 5/18/2021 City Council Agenda Packet Page 12 of 140 Vendor Number Reference Account Number Description Amount 474695 Street/Shop Supplies 101-000-430-543-30-30-00 Supplies - General Services $43.47 Total 474695 $43.47 474724 Street/Park Supplies 101-000-420-542-75-30-00 Supplies - City Parks $6.43 Total 474724 $6.43 474784 Police/Vehicle Repairs 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $38.93 Total 474784 $38.93 474822 Street/Park Supplies 101-000-420-542-75-30-00 Supplies - City Parks $54.12 Total 474822 $54.12 Invoice - 5/12/2021 10:19:23 AM Street Fuel 101-000-420-542-64-30-00 Supplies - Traffic Control Devices $657.70 101-000-420-542-75-30-00 Supplies - City Parks $101.83 Total Invoice - 5/12/2021 10:19:23 AM $759.53 Invoice - 5/12/2021 10:39:49 AM Police/Fuel 001-000-210-521-10-32-00 Fuel Consumed $3,731.96 Total Invoice - 5/12/2021 10:39:49 AM $3,731.96 Invoice - 5/12/2021 8:05:29 AM Stormwater Fuel 401-000-008-531-00-30-07 Fuel $89.69 Total Invoice - 5/12/2021 8:05:29 AM $89.69 Total 55119 $4,957.63 Total AG Supply Company INC $4,957.63 Airespring Inc 55120 2021 - May 2021 - May 2021 2nd Council 148066751 Telephone Line Charges 001-000-141-514-20-42-01 Telephone Line Charges $1,052.33 Total 148066751 $1,052.33 Total 55120 $1,052.33 Total Airespring Inc $1,052.33 Printed by EASTWENATCHEE\ASchulz on 5/12/2021 11:07:48 AM Page 3 of 21 East Wenatchee - Voucher Directory 5/18/2021 City Council Agenda Packet Page 13 of 140 Vendor Number Reference Account Number Description Amount American Building Maintenance CO 55121 2021 - May 2021 - May 2021 2nd Council 16081463 Janitorial Services 001-000-180-518-30-41-01 Contracted Custodial Services $2,426.74 Total 16081463 $2,426.74 Total 55121 $2,426.74 Total American Building Maintenance CO $2,426.74 Apple Land Pest Control & Home Inspections 55122 2021 - May 2021 - May 2021 2nd Council 73919 City Hall/General Pest Control 001-000-180-518-30-41-00 Professional Services $292.09 Total 73919 $292.09 Total 55122 $292.09 Total Apple Land Pest Control & Home Inspections $292.09 Arrow Construction Supply Inc. 55123 2021 - May 2021 - May 2021 2nd Council 299367 Street/Traffic Supplies 101-000-420-542-64-30-00 Supplies - Traffic Control Devices $770.31 Total 299367 $770.31 Total 55123 $770.31 Total Arrow Construction Supply Inc.$770.31 Battery Systems Inc 55124 2021 - May 2021 - May 2021 2nd Council 4931846 Police/Vehicle Repairs and Maintenance 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $227.11 Total 4931846 $227.11 6607220 Police/Vehicle Repairs and Maintenance 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $227.11 Total 6607220 $227.11 Total 55124 $454.22 Total Battery Systems Inc $454.22 Cascade Natural Gas Corp 55105 2021 - May 2021 - May 2021 2nd Council Invoice - 4/30/2021 3:09:08 PM Street/Natural Gas 101-000-430-543-50-47-00 Utilities - Facilities $116.27 Total Invoice - 4/30/2021 3:09:08 PM $116.27 Printed by EASTWENATCHEE\ASchulz on 5/12/2021 11:07:48 AM Page 4 of 21 East Wenatchee - Voucher Directory 5/18/2021 City Council Agenda Packet Page 14 of 140 Vendor Number Reference Account Number Description Amount Invoice - 4/30/2021 3:11:46 PM Shop/Natural Gas 101-000-430-543-50-47-00 Utilities - Facilities $86.62 Total Invoice - 4/30/2021 3:11:46 PM $86.62 Total 55105 $202.89 Total Cascade Natural Gas Corp $202.89 Cdw Government, Inc 55125 2021 - May 2021 - May 2021 2nd Council B884254 IT/Computer Software Supplies 001-000-145-594-14-60-25 Capital - PC Hardware Admin $314.81 Total B884254 $314.81 Total 55125 $314.81 Total Cdw Government, Inc $314.81 Central Washington Title 55113 2021 - May 2021 - May 2021 2nd Council Invoice - 5/5/2021 3:12:38 PM Escrow Account 314-000-000-596-00-41-00 Professional Services $25,000.00 Total Invoice - 5/5/2021 3:12:38 PM $25,000.00 Total 55113 $25,000.00 Total Central Washington Title $25,000.00 Chelan County Treasurer 55126 2021 - May 2021 - May 2021 2nd Council 150001-01496 Housing of Inmates 001-000-230-523-21-10-00 Housing & Monitoring Prisoners $38,024.02 Total 150001-01496 $38,024.02 Total 55126 $38,024.02 Total Chelan County Treasurer $38,024.02 Clarke Tibbits 55127 2021 - May 2021 - May 2021 2nd Council Invoice - 5/11/2021 1:12:28 PM Court/ProTem Judge 001-000-120-512-50-49-02 Judge Protems $375.00 Total Invoice - 5/11/2021 1:12:28 PM $375.00 Total 55127 $375.00 Total Clarke Tibbits $375.00 Printed by EASTWENATCHEE\ASchulz on 5/12/2021 11:07:48 AM Page 5 of 21 East Wenatchee - Voucher Directory 5/18/2021 City Council Agenda Packet Page 15 of 140 Vendor Number Reference Account Number Description Amount Classic One East 55128 2021 - May 2021 - May 2021 2nd Council Invoice - 5/11/2021 12:03:38 PM Police/Uniform Dry Cleaning 001-000-210-521-10-49-02 Dry Cleaning Services $13.00 Total Invoice - 5/11/2021 12:03:38 PM $13.00 Invoice - 5/11/2021 12:04:04 PM Police/Uniform Dry Cleaning 001-000-210-521-10-49-02 Dry Cleaning Services $62.25 Total Invoice - 5/11/2021 12:04:04 PM $62.25 Total 55128 $75.25 Total Classic One East $75.25 Clearing Account for Fixes Payment - 5/11/2021 2:45:19 PM 2021 - May 2021 - May 2021 2nd Council Custodial Activities Recon. 001-001-000-589-00-00-03 County Share of Crime Victims ($607.83) 001-001-000-589-00-00-04 Remittance: State Building Code Surcharge ($215.00) 001-001-000-589-00-00-05 State Share of Permits & Licenses ($4,133.75) 001-001-000-589-00-00-06 Court Remittances ($40,050.82) 635-000-000-586-00-00-01 Court Remittance $40,050.82 635-000-000-589-30-00-01 Crime Victim Assessment - Douglas Co. Remittance $607.83 635-000-000-589-30-00-02 Building Code Remittance $215.00 635-000-000-589-30-00-03 Gun Permit State Remittance $4,133.75 Total Custodial Activities Recon.$0.00 Total Payment - 5/11/2021 2:45:19 PM $0.00 Total Clearing Account for Fixes $0.00 Code Publishing CO 55129 2021 - May 2021 - May 2021 2nd Council 69610 Advertising 001-000-140-594-00-60-00 Code Publishing $610.07 Total 69610 $610.07 Total 55129 $610.07 Total Code Publishing CO $610.07 Compunet, Inc 55130 2021 - May 2021 - May 2021 2nd Council 169845 IT/Computer Software Supplies 001-000-145-514-20-40-05 Disaster Backup System Support $3,759.31 Total 169845 $3,759.31 Printed by EASTWENATCHEE\ASchulz on 5/12/2021 11:07:48 AM Page 6 of 21 East Wenatchee - Voucher Directory 5/18/2021 City Council Agenda Packet Page 16 of 140 Vendor Number Reference Account Number Description Amount 170171 IT/Computer Software Supplies 001-000-145-514-20-40-05 Disaster Backup System Support $2,784.08 Total 170171 $2,784.08 Total 55130 $6,543.39 Total Compunet, Inc $6,543.39 Confluence Health 55131 2021 - May 2021 - May 2021 2nd Council 90082509 Police/Employee Physical 001-000-210-521-10-41-00 Professional Services $125.00 Total 90082509 $125.00 Total 55131 $125.00 Total Confluence Health $125.00 Department of Commerce 55132 2021 - May 2021 - May 2021 2nd Council PWTFNT-390132 10th St Improvements 202-000-000-591-95-70-00 Principal - PWTFL 10th St. NE $165,000.00 202-000-000-592-95-80-00 Interest - PWTFL 10th St. NE $5,974.55 Total PWTFNT-390132 $170,974.55 Total 55132 $170,974.55 Total Department of Commerce $170,974.55 DeVries Business Records Management Inc 55133 2021 - May 2021 - May 2021 2nd Council 0134280 Police/Record Destruction 001-000-210-521-10-41-00 Professional Services $70.99 Total 0134280 $70.99 Total 55133 $70.99 Total DeVries Business Records Management Inc $70.99 Douglas County Auditor-Recording 55134 2021 - May 2021 - May 2021 2nd Council 73925A Recording 301-000-000-595-20-60-01 ROW - PWTFL -10th St. Design $109.50 Total 73925A $109.50 Total 55134 $109.50 Total Douglas County Auditor-Recording $109.50 Printed by EASTWENATCHEE\ASchulz on 5/12/2021 11:07:48 AM Page 7 of 21 East Wenatchee - Voucher Directory 5/18/2021 City Council Agenda Packet Page 17 of 140 Vendor Number Reference Account Number Description Amount Douglas County Fire District #2 55135 2021 - May 2021 - May 2021 2nd Council Invoice - 5/12/2021 9:09:17 AM Fireworks Cleaning Deposit 001-000-000-382-10-00-01 Fireworks - Dcfd Remittance $200.00 Total Invoice - 5/12/2021 9:09:17 AM $200.00 Total 55135 $200.00 Total Douglas County Fire District #2 $200.00 Douglas County PUD 55106 2021 - May 2021 - May 2021 2nd Council Invoice - 4/30/2021 3:22:44 PM Utilities 001-000-180-518-30-47-00 Utilities $1,239.52 101-000-420-542-63-47-00 Utilities - Street Lighting $251.00 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $28.00 101-000-420-542-75-47-00 Utilities - City Parks $45.00 101-000-430-543-50-47-00 Utilities - Facilities $123.00 112-000-000-572-50-47-00 Facilities - Utilities $168.48 Total Invoice - 4/30/2021 3:22:44 PM $1,855.00 Total 55106 $1,855.00 55136 2021 - May 2021 - May 2021 2nd Council Invoice - 5/11/2021 3:14:59 PM Utilities 101-000-420-542-63-47-00 Utilities - Street Lighting $1,541.00 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $173.00 Total Invoice - 5/11/2021 3:14:59 PM $1,714.00 Total 55136 $1,714.00 Total Douglas County PUD $3,569.00 Douglas County Sheriff's Office 55137 2021 - May 2021 - May 2021 2nd Council QTR12021 Emergency Management Services 001-000-210-521-10-41-01 Emergency Management Contract $10,865.62 Total QTR12021 $10,865.62 Total 55137 $10,865.62 Total Douglas County Sheriff's Office $10,865.62 Printed by EASTWENATCHEE\ASchulz on 5/12/2021 11:07:48 AM Page 8 of 21 East Wenatchee - Voucher Directory 5/18/2021 City Council Agenda Packet Page 18 of 140 Vendor Number Reference Account Number Description Amount Erik Hampton 55138 2021 - May 2021 - May 2021 2nd Council Invoice - 5/12/2021 8:20:05 AM Police/Reimbursement for Supplies 001-000-210-521-10-35-00 Small Tools & Equipment $7.35 Total Invoice - 5/12/2021 8:20:05 AM $7.35 Total 55138 $7.35 Total Erik Hampton $7.35 Fastenal Company 55139 2021 - May 2021 - May 2021 2nd Council WAWEN228161 Street/Traffic Supplies 101-000-420-542-64-30-00 Supplies - Traffic Control Devices $16.67 Total WAWEN228161 $16.67 WAWEN228500 Street/Traffic Supplies 101-000-420-542-64-30-00 Supplies - Traffic Control Devices $60.27 Total WAWEN228500 $60.27 WAWEN228947 Street/Traffic Supplies 101-000-420-542-64-30-00 Supplies - Traffic Control Devices $77.00 Total WAWEN228947 $77.00 Total 55139 $153.94 Total Fastenal Company $153.94 Gabriel Martinez dba: MTZ CDL Academy LLC 55140 2021 - May 2021 - May 2021 2nd Council 1646 Street/CDL Test 101-000-430-544-90-35-00 Travel $4,250.00 Total 1646 $4,250.00 Total 55140 $4,250.00 Total Gabriel Martinez dba: MTZ CDL Academy LLC $4,250.00 iland Internet Solutions Corp. 55141 2021 - May 2021 - May 2021 2nd Council INV-040249 IT/Computer Software 001-000-145-514-20-40-05 Disaster Backup System Support $1,260.00 Total INV-040249 $1,260.00 Total 55141 $1,260.00 Total iland Internet Solutions Corp.$1,260.00 Printed by EASTWENATCHEE\ASchulz on 5/12/2021 11:07:48 AM Page 9 of 21 East Wenatchee - Voucher Directory 5/18/2021 City Council Agenda Packet Page 19 of 140 Vendor Number Reference Account Number Description Amount Interwest Communications 55142 2021 - May 2021 - May 2021 2nd Council 18336 IT/Computer Software 001-000-141-514-20-48-00 Repairs & Maintenance $449.45 Total 18336 $449.45 Total 55142 $449.45 Total Interwest Communications $449.45 Ising Inc.-dba Cascade Quality Water 55143 2021 - May 2021 - May 2021 2nd Council Invoice - 5/11/2021 2:55:20 PM Wellness Drinkng Waer 001-000-001-518-91-30-00 Wellness $129.57 Total Invoice - 5/11/2021 2:55:20 PM $129.57 Total 55143 $129.57 Total Ising Inc.-dba Cascade Quality Water $129.57 John Phillips 55144 2021 - May 2021 - May 2021 2nd Council Invoice - 5/11/2021 3:09:33 PM Police/2021 Clothing Allowance 001-000-210-521-10-20-01 Clothing Allowance $600.00 Total Invoice - 5/11/2021 3:09:33 PM $600.00 Total 55144 $600.00 Total John Phillips $600.00 Keyhole Security Center Inc 55145 2021 - May 2021 - May 2021 2nd Council 329946 Police/Duplicate keys 001-000-210-521-10-35-00 Small Tools & Equipment $26.80 Total 329946 $26.80 330242 Street/Commercial Key 001-000-180-518-30-35-00 Small Tools & Equipment $38.66 Total 330242 $38.66 Total 55145 $65.46 Total Keyhole Security Center Inc $65.46 Printed by EASTWENATCHEE\ASchulz on 5/12/2021 11:07:48 AM Page 10 of 21 East Wenatchee - Voucher Directory 5/18/2021 City Council Agenda Packet Page 20 of 140 Vendor Number Reference Account Number Description Amount Merriah Barnett 55146 2021 - May 2021 - May 2021 2nd Council 21-0501 Civil Service May 2021 001-000-160-521-10-10-00 Salaries $260.00 Total 21-0501 $260.00 Total 55146 $260.00 Total Merriah Barnett $260.00 Moon Security 55147 2021 - May 2021 - May 2021 2nd Council 1080170 Police/Monitoring Service 001-000-210-521-10-41-00 Professional Services $78.12 Total 1080170 $78.12 Total 55147 $78.12 Total Moon Security $78.12 Motorola Solutions 55148 2021 - May 2021 - May 2021 2nd Council 16147547 Police/Portable Communications 001-000-210-521-10-35-00 Small Tools & Equipment $7,516.15 Total 16147547 $7,516.15 Total 55148 $7,516.15 Total Motorola Solutions $7,516.15 Mountain Highway Towing & Recovery 55149 2021 - May 2021 - May 2021 2nd Council 3313 Police/Vehicle Impound 001-000-210-521-10-41-00 Professional Services $162.60 Total 3313 $162.60 Total 55149 $162.60 Total Mountain Highway Towing & Recovery $162.60 Northern Fruit Company 55150 2021 - May 2021 - May 2021 2nd Council 4012000 Court/FTR Recordings 001-000-120-512-50-31-00 Office Supplies $85.61 Total 4012000 $85.61 Total 55150 $85.61 Total Northern Fruit Company $85.61 Printed by EASTWENATCHEE\ASchulz on 5/12/2021 11:07:48 AM Page 11 of 21 East Wenatchee - Voucher Directory 5/18/2021 City Council Agenda Packet Page 21 of 140 Vendor Number Reference Account Number Description Amount OneBridge Benefits 55151 2021 - May 2021 - May 2021 2nd Council 547 FSA Admin Services Fees 634-000-000-589-40-00-01 Cafe Plan Bank Maintenance Fee $50.00 Total 547 $50.00 Total 55151 $50.00 Total OneBridge Benefits $50.00 O'Reilly 55152 2021 - May 2021 - May 2021 2nd Council 2521-211897 Police/Vehicle Repairs and Maintenance 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $410.96 Total 2521-211897 $410.96 2521-211971 Police/Vehicle Repairs and Maintenance 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $113.68 Total 2521-211971 $113.68 2521-212060 Street/Traffic Supplies 101-000-420-542-64-48-00 Repairs & Maintenance - Traffic Control Devices $6.06 Total 2521-212060 $6.06 2521-212129 Police/Vehicle Repairs and Maintenance 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $106.31 Total 2521-212129 $106.31 2521-212185 POlice/Storm/Street Repairs and Maintenance 401-000-008-531-00-40-04 Repairs & Maint. - NPDES PPGH $77.97 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $70.39 501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $70.90 501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $181.43 Total 2521-212185 $400.69 2521-212186 Street/Shop Tools 101-000-430-543-30-30-00 Supplies - General Services $24.89 Total 2521-212186 $24.89 2521-212262 Street/Vehicle Repairs andl Supplies 501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $360.54 Total 2521-212262 $360.54 2521-212263 Police/Storm Repairs and Maintenance 401-000-008-531-00-40-04 Repairs & Maint. - NPDES PPGH $40.06 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $32.48 Printed by EASTWENATCHEE\ASchulz on 5/12/2021 11:07:48 AM Page 12 of 21 East Wenatchee - Voucher Directory 5/18/2021 City Council Agenda Packet Page 22 of 140 Vendor Number Reference Account Number Description Amount 501-000-000-542-90-48-25 Street Vehicle Repair Supplies $48.72 Total 2521-212263 $121.26 2521-212264 Street/Vehicle Repairs and Supplies 501-000-000-542-90-48-25 Street Vehicle Repair Supplies $32.48 Total 2521-212264 $32.48 2521-212530 Street/Equipment Repairs 101-000-420-542-75-48-00 Repairs & Maintenance - City Parks $6.61 Total 2521-212530 $6.61 2521-212593 Street/Tools 501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance ($130.60) Total 2521-212593 ($130.60) 2521-212595 Street/Vehicle Repairs and Maintenance 501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $59.91 Total 2521-212595 $59.91 2521-213828 Police/Vehicle Repairs and Maintenance 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $526.83 Total 2521-213828 $526.83 2521-213851 Police/Vehicle Repairs and Maintenance 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $100.17 Total 2521-213851 $100.17 2521-213865 Police/Vehicle Repairs and Maintenance 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $64.96 Total 2521-213865 $64.96 2521-214061 Police/Vehicle Repairs and Maintenance 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $14.06 Total 2521-214061 $14.06 2521-214125 Police/Vehicle Repairs and Maintenance 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $87.26 Total 2521-214125 $87.26 2521-214198 Police/Vehicle Repairs and Maintenance 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $50.89 Total 2521-214198 $50.89 Printed by EASTWENATCHEE\ASchulz on 5/12/2021 11:07:48 AM Page 13 of 21 East Wenatchee - Voucher Directory 5/18/2021 City Council Agenda Packet Page 23 of 140 Vendor Number Reference Account Number Description Amount 2521-214220 Street/Vehicle Repairs and Maintenance 501-000-000-542-90-48-25 Street Vehicle Repair Supplies $30.30 Total 2521-214220 $30.30 2521-215143 Street/Supplies 101-000-430-543-30-30-00 Supplies - General Services $18.36 Total 2521-215143 $18.36 2521-215146 Police/Vehicle Repairs and Maintenance 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $16.48 Total 2521-215146 $16.48 2521-215147 Police/Vehicle Repairs and Maintenance 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $43.30 Total 2521-215147 $43.30 2521-215237 Police/Vehicle Repairs and Maintenance 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $188.57 Total 2521-215237 $188.57 2521-215318 Police/Vehicle Repairs and Maintenance 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $266.63 Total 2521-215318 $266.63 2521-215372 Street/Vehicle Repairs and Maintenance 501-000-000-542-90-48-30 Street Equipment Repairs $161.88 Total 2521-215372 $161.88 2521-215434 Street/Vehicle Repairs and Maintenance 501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $167.54 Total 2521-215434 $167.54 Total 55152 $3,250.02 Total O'Reilly $3,250.02 Parker Corporation Services, INC DBA Merchant Patrol Security 55153 2021 - May 2021 - May 2021 2nd Council 36011 Court/Armed Guard Services 001-000-120-512-50-49-09 Security $387.50 Total 36011 $387.50 Total 55153 $387.50 Total Parker Corporation Services, INC DBA Merchant Patrol Security $387.50 Printed by EASTWENATCHEE\ASchulz on 5/12/2021 11:07:48 AM Page 14 of 21 East Wenatchee - Voucher Directory 5/18/2021 City Council Agenda Packet Page 24 of 140 Vendor Number Reference Account Number Description Amount Rh2 Engineering, Inc. 55116 2021 - May 2021 - May 2021 2nd Council 81756 Project Mgmt/9th and Valley Mall Improvments 301-000-000-595-64-40-01 Design - 9th/VMP Intersection $14,364.11 Total 81756 $14,364.11 Total 55116 $14,364.11 Total Rh2 Engineering, Inc.$14,364.11 Rowe's Tractor 55154 2021 - May 2021 - May 2021 2nd Council 01-56970 Street/Tractor Repairs and Maintenance 501-000-000-542-90-48-30 Street Equipment Repairs $7.15 Total 01-56970 $7.15 Total 55154 $7.15 Total Rowe's Tractor $7.15 S&W Irrigation Supply 55155 2021 - May 2021 - May 2021 2nd Council 487190 Street/Parks Supplies 101-000-420-542-75-48-00 Repairs & Maintenance - City Parks $24.52 Total 487190 $24.52 488205 Street/Parks Supplies 101-000-420-542-75-48-00 Repairs & Maintenance - City Parks $76.59 Total 488205 $76.59 488279 Street/Parks Supplies 101-000-420-542-75-48-00 Repairs & Maintenance - City Parks $3.33 Total 488279 $3.33 488578 Street/Parks Supplies 101-000-420-542-75-48-00 Repairs & Maintenance - City Parks $200.61 Total 488578 $200.61 488647 Street/Parks Supplies 101-000-420-542-75-48-00 Repairs & Maintenance - City Parks $11.29 Total 488647 $11.29 488730 Street/Parks Supplies 101-000-420-542-75-48-00 Repairs & Maintenance - City Parks $67.77 Total 488730 $67.77 Printed by EASTWENATCHEE\ASchulz on 5/12/2021 11:07:48 AM Page 15 of 21 East Wenatchee - Voucher Directory 5/18/2021 City Council Agenda Packet Page 25 of 140 Vendor Number Reference Account Number Description Amount 492991 Street/Parks Supplies 101-000-420-542-75-30-00 Supplies - City Parks $10.26 Total 492991 $10.26 Total 55155 $394.37 Total S&W Irrigation Supply $394.37 Safety-Kleen Systems, Inc. 55156 2021 - May 2021 - May 2021 2nd Council 85916749 Street/Waste Services 101-000-430-543-30-30-00 Supplies - General Services $324.47 Total 85916749 $324.47 Total 55156 $324.47 Total Safety-Kleen Systems, Inc.$324.47 Schmitt Electric Inc. 55157 2021 - May 2021 - May 2021 2nd Council 26500 Street/Street Light Replacement 101-000-420-542-63-48-00 Repairs & Maintenance - Street Lighting $241.76 Total 26500 $241.76 Total 55157 $241.76 Total Schmitt Electric Inc.$241.76 Sherwin-Williams 55158 2021 - May 2021 - May 2021 2nd Council 8132-1 Street/Traffic Contro 101-000-420-542-64-30-00 Supplies - Traffic Control Devices $883.29 Total 8132-1 $883.29 8467-1 Street/Hydraulic Fluid 101-000-420-542-64-30-00 Supplies - Traffic Control Devices $162.75 Total 8467-1 $162.75 8644-5 Street/Traffic Supplies 101-000-420-542-64-30-00 Supplies - Traffic Control Devices $246.83 Total 8644-5 $246.83 Total 55158 $1,292.87 Total Sherwin-Williams $1,292.87 Printed by EASTWENATCHEE\ASchulz on 5/12/2021 11:07:48 AM Page 16 of 21 East Wenatchee - Voucher Directory 5/18/2021 City Council Agenda Packet Page 26 of 140 Vendor Number Reference Account Number Description Amount SHRM Membership 55159 2021 - May 2021 - May 2021 2nd Council SO1180296-3-1 HR/Membership Dues 001-000-139-518-10-40-01 Membership Dues & Publications $219.00 Total SO1180296-3-1 $219.00 Total 55159 $219.00 Total SHRM Membership $219.00 Solid Waste Systems, Inc 55160 2021 - May 2021 - May 2021 2nd Council 0132077-IN Stormwater/Sweeper Training 401-000-008-531-00-40-02 Training - NPDES PPGH $2,143.81 Total 0132077-IN $2,143.81 Total 55160 $2,143.81 Total Solid Waste Systems, Inc $2,143.81 The Wenatchee World 55114 2021 - May 2021 - May 2021 2nd Council AD# 100326 Advertising 001-000-580-558-60-44-00 Advertising $173.40 Total AD# 100326 $173.40 AD# 100328 Advertising 001-000-580-558-60-44-00 Advertising $190.74 Total AD# 100328 $190.74 AD# 100400 Advertising 001-000-580-558-60-44-00 Advertising $175.82 Total AD# 100400 $175.82 AD# 100401 Advertising 001-000-580-558-60-44-00 Advertising $138.37 Total AD# 100401 $138.37 AD# 100438 Advertising 301-000-000-595-10-40-26 Design - PWTFL - 10th St $468.18 Total AD# 100438 $468.18 AD# 100719 Advertising 001-000-580-558-60-44-00 Advertising $222.64 Total AD# 100719 $222.64 Printed by EASTWENATCHEE\ASchulz on 5/12/2021 11:07:48 AM Page 17 of 21 East Wenatchee - Voucher Directory 5/18/2021 City Council Agenda Packet Page 27 of 140 Vendor Number Reference Account Number Description Amount AD# 101002 Advertising 001-000-140-514-20-44-00 Advertising $100.92 Total AD# 101002 $100.92 AD# 101005 Advertising 001-000-580-558-60-44-00 Advertising $222.64 Total AD# 101005 $222.64 AD# 101244 Advertising 001-000-140-514-20-44-00 Advertising $78.03 Total AD# 101244 $78.03 AD# 101706 Advertising 001-000-140-514-20-44-00 Advertising $82.19 Total AD# 101706 $82.19 AD# 101903 Advertising 001-000-580-558-60-44-00 Advertising $182.07 Total AD# 101903 $182.07 AD# 101990 Advertising 001-000-580-558-60-44-00 Advertising $216.75 Total AD# 101990 $216.75 AD# 102360 Advertising 001-000-140-514-20-44-00 Advertising $119.64 Total AD# 102360 $119.64 Total 55114 $2,371.39 Total The Wenatchee World $2,371.39 Town Ford Inc 55161 2021 - May 2021 - May 2021 2nd Council FOCS40641 Police/Vehicle Repairs and Maintenance 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $35.72 Total FOCS40641 $35.72 Invoice - 5/12/2021 8:45:33 AM Police/Vehicle Repairs and Maintenance 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $81.48 Total Invoice - 5/12/2021 8:45:33 AM $81.48 Total 55161 $117.20 Total Town Ford Inc $117.20 Printed by EASTWENATCHEE\ASchulz on 5/12/2021 11:07:48 AM Page 18 of 21 East Wenatchee - Voucher Directory 5/18/2021 City Council Agenda Packet Page 28 of 140 Vendor Number Reference Account Number Description Amount Wash ST Dept of Licensing 55162 2021 - May 2021 - May 2021 2nd Council EWP002207 Susich Gun Permit 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002207 Susich $18.00 EWP002209 Milner Gun Permit 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002209 Milner $18.00 EWP002210 Milner Gun Permit 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002210 Milner $18.00 EWP002211 Busenbark Gun Permit 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002211 Busenbark $18.00 EWP002212 Marotta Gun Permit 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002212 Marotta $18.00 EWP002213 Rodriguez Gun Permit 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002213 Rodriguez $18.00 EWP002214 Lynch Gun Permit. 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002214 Lynch $18.00 EWP002215 Yarbrough Gun Permit 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002215 Yarbrough $18.00 EWP002216 Troxler Gun Permit 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002216 Troxler $18.00 EWP002217 Troxler Gun Permit 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002217 Troxler $18.00 EWP002220 Nunn Gun Permit 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002220 Nunn $18.00 Printed by EASTWENATCHEE\ASchulz on 5/12/2021 11:07:48 AM Page 19 of 21 East Wenatchee - Voucher Directory 5/18/2021 City Council Agenda Packet Page 29 of 140 Vendor Number Reference Account Number Description Amount EWP002222 Thompson Gun Permit 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002222 Thompson $18.00 Total 55162 $216.00 Total Wash ST Dept of Licensing $216.00 Wash State Treasurer 55163 2021 - May 2021 - May 2021 2nd Council Invoice - 5/7/2021 10:56:31 AM April 2021/Court Remittance 635-000-000-586-00-00-01 Court Remittance $21,205.57 Total Invoice - 5/7/2021 10:56:31 AM $21,205.57 Total 55163 $21,205.57 Total Wash State Treasurer $21,205.57 Washington State Patrol 55164 2021 - May 2021 - May 2021 2nd Council I21005994 Fingeprint 635-000-000-589-30-00-03 Gun Permit State Remittance $278.25 Access User Fee/Police Total I21005994 $278.25 Total 55164 $278.25 Total Washington State Patrol $278.25 Xerox Corporation 55165 2021 - May 2021 - May 2021 2nd Council 013312356 Police/Copier Fees 001-000-210-521-10-31-05 Office Machine Costs $377.58 Total 013312356 $377.58 Total 55165 $377.58 Total Xerox Corporation $377.58 Ziply Fiber 55115 2021 - May 2021 - May 2021 2nd Council Invoice - 5/6/2021 12:19:36 PM Phone Line 001-000-180-518-30-47-00 Utilities $230.02 Total Invoice - 5/6/2021 12:19:36 PM $230.02 Total 55115 $230.02 Printed by EASTWENATCHEE\ASchulz on 5/12/2021 11:07:48 AM Page 20 of 21 East Wenatchee - Voucher Directory 5/18/2021 City Council Agenda Packet Page 30 of 140 Vendor Number Reference Account Number Description Amount 55166 2021 - May 2021 - May 2021 2nd Council Invoice - 5/11/2021 10:16:35 AM Street Modem 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $65.01 Total Invoice - 5/11/2021 10:16:35 AM $65.01 Total 55166 $65.01 Total Ziply Fiber $295.03 Grand Total Vendor Count 55 $329,780.20 Printed by EASTWENATCHEE\ASchulz on 5/12/2021 11:07:48 AM Page 21 of 21 East Wenatchee - Voucher Directory 5/18/2021 City Council Agenda Packet Page 31 of 140 5/18/2021 City Council Agenda Packet Page 32 of 140 5/18/2021 City Council Agenda Packet Page 33 of 140 5/18/2021 City Council Agenda Packet Page 34 of 140 5/18/2021 City Council Agenda Packet Page 35 of 140 5/18/2021 City Council Agenda Packet Page 36 of 140 5/18/2021 City Council Agenda Packet Page 37 of 140 5/18/2021 City Council Agenda Packet Page 38 of 140 5/18/2021 City Council Agenda Packet Page 39 of 140 5/18/2021 City Council Agenda Packet Page 40 of 140 5/18/2021 City Council Agenda Packet Page 41 of 140 5/18/2021 City Council Agenda Packet Page 42 of 140 5/18/2021 City Council Agenda Packet Page 43 of 140 5/18/2021 City Council Agenda Packet Page 44 of 140 5/18/2021 City Council Agenda Packet Page 45 of 140 5/18/2021 City Council Agenda Packet Page 46 of 140 5/18/2021 City Council Agenda Packet Page 47 of 140 5/18/2021 City Council Agenda Packet Page 48 of 140 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 Minutes Page 1 of 4 East Wenatchee City Council Meeting Tuesday, May 4, 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 Garren Melton, Natural Resource Specialist Councilmember Christine Johnson Mary Beth Phillips, Court Administrator Councilmember Matthew Hepner Maria Holman, City Clerk 5:30 p.m. Executive Session A 25-minute executive session was announced by the Mayor at 5:30 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. The executive session concluded at 5:55 p.m. No action was taken by the Council during the executive session. 6:00 p.m. Regular Meeting Call to Order, Roll Call and Pledge of Allegiance. 1. Consent Items: a. Mayor Crawford announced a change to the agenda. Action item 6a. Ordinance 2021-10, possession of a controlled substance was removed from the agenda for this meeting. b. Events Department, CSG Forte Payments, Inc. “Forte” Credit Card Payment Agreement. c. Date: 5/4/2021, Checks: 55040 - 55041, 55046 - 55104, in the amount of $395,502.19. d. 4/15/2021 Council Workshop Meeting Minutes. e. 4/20/2021 Council Meeting Minutes. Motion by Councilmember Magdoff to approve consent items as presented. Councilmember Sleiman seconded the motion. Motion carried (7-0). 2. Citizen Requests/Comments. None. 5/18/2021 City Council Agenda Packet Page 49 of 140 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 Minutes Page 2 of 4 3. Presentations. a. Wenatchee Valley Chamber of Commerce Marketing Director Jerri Barkley presented a Chamber of Commerce Annual Marketing Report for tourism. Comments provided by Councilmember Tidd and Mayor Crawford. 4. Executive Session Discussion and Action. Mayor Crawford asked the Council if there is any action needed regarding the Executive Session discussion. Motion by Councilmember Tidd to authorize the Mayor to enter into and execute a purchase and sale agreement with Three Eagle Holdings LLC for the purchase of the 50 Simon Street property in an amount not to exceed $4,180,000.00. Councilmember Sleiman seconded the motion. Motion carried (7-0). Comments provided by City Attorney Devin Poulson and Mayor Crawford. Motion by Councilmember Sleiman to authorize the Mayor to negotiate and execute the contracts necessary to allow the City to complete its due diligence for the purchase of the 50 Simon Street property in an amount not to exceed $50,000. Councilmember Magdoff seconded the motion. Motion carried (7-0). Comments provided by Councilmember Tidd and Mayor Crawford. 5. Department Report. a. Community Development Director Lori Barnett presented the Community Development Annual Report. Comments provided by Councilmember Tidd and Councilmember Magdoff. 6. Mayor’s Report. a. Mayor Crawford reported that the Classy Chassis Parade is moving forward on June 11, 2021 as part of the Apple Blossom Festival’s celebrations. Councilmembers have been invited to ride in the Classy Chassis Parade. b. Councilmember Sleiman read the 2021 National Public Works Week Proclamation. c. Mayor Crawford gave an update regarding COVID-19. There is a two-week extension on the current phases by Governor Inslee, Grant County continues in Phase 3. This will be re-evaluated in two weeks. 5/18/2021 City Council Agenda Packet Page 50 of 140 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 Minutes Page 3 of 4 7. Action Items. a. Community Development Director Lori Barnett presented the 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 effective date as part of the 2020 Annual Amendment Process. Mayor Crawford suspended the second reading of Ordinance 2021-11. Motion by Councilmember Magdoff to approve Ordinance 2021-11, approving the amendments as presented. Councilmember Johnson seconded the motion. Motion carried (7-0). b. Community Development Director Lori Barnett presented 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. Comments provided by Community Development Director Lori Barnett. Motion by Councilmember Sterk to approve Resolution 2021-08 affirming completion of all phases of the 2020 Annual Review and Amendment Process for the Greater East Wenatchee Area Comprehensive Plan as presented. Councilmember Raab seconded the motion. Motion carried (7-0). c. Project Development Manager Tom Wachholder presented the 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. Motion by Councilmember Sterk to authorize Mayor Crawford to execute the proposed Temporary Right of Way Use Agreement between the City of East Wenatchee and Hurst Construction. Councilmember Johnson seconded the motion. Motion carried (7-0). Comments provided by Councilmember Tidd, Project Development Manager Tom Wachholder and Community Development Director Lori Barnett. d. Natural Resource Specialist Garren Melton presented a Stormwater Comprehensive Plan Update – Contract Amendment with RH2 Engineering. Motion by Councilmember Magdoff to authorize the Mayor to sign proposed Contract Amendment No. 1 with RH2 Engineering. Councilmember Sterk seconded the motion. Motion carried (7-0). Comments provided by Councilmember Tidd. 5/18/2021 City Council Agenda Packet Page 51 of 140 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 Minutes Page 4 of 4 8. Council Reports & Announcements. a. Councilmember Magdoff provided an update on the Housing Authority Board, her committee assignment. The board has approved building seasonal housing in Malaga, Washington, approved updated administrative policies and approved transfer of ownership of the Garden House Apartments to Limited Partnership Form for the purpose of development and rehabilitation of the property. b. Mayor Crawford shared that the Town Toyota Center now has a new sponsor “Weinstein Beverage Rink” and they recently announced that they will be looking to hire a new Marketing Director. 9. Adjournment. With no further business, the meeting adjourned at 7:04 p.m. Jerrilea Crawford, Mayor Attest: Maria E. Holman, City Clerk 5/18/2021 City Council Agenda Packet Page 52 of 140 05/13/2021 Council Workshop Minutes Page 1 of 2 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, May 13, 2021 In attendance: Mayor Crawford Lori Barnett, Community Development Director Councilmember Sterk Mary Beth Phillips, Court Administrator Councilmember Raab Josh Toftness, Streets Manager Councilmember Tidd Ike Laswell, Information Systems Councilmember Magdoff Tom Wachholder, Project Development Mngr. Councilmember Johnson Garren Melton, Natural Resources Specialist Councilmember Hepner Maria Holman, City Clerk 5:30 p.m. Council Workshop. Councilmember Magdoff opened the meeting. 1.Douglas County PUD General Manager Gary Ivory presented a PUD report to the Council providing information on the various services, programs, and departments at the PUD. Aaron Viebrock, Douglas County PUD Commissioner was also present. The presentation continued with information that Microsoft is building a substation and data center in Douglas County and how large capacity electricity users affect the community. Mayor Crawford invited Mr. Ivory to come and share information with the City Council every year to enhance the communication between the two organizations. Comments provided by Councilmember Magdoff, Councilmember Tidd, Councilmember Hepner, Mayor Crawford, Councilmember Johnson, and Councilmember Raab. No action was taken by the Council. 2.Natural Resource Specialist Garren Melton provided an overview of the Stormwater Utility Program including expenditures and revenue, capital, and small improvement projects, as well as a five-year fund projection. A stormwater comp plan is coming out this summer which will help determine upcoming steps, requirements, and what kind of projects the City will require in the future. Comments provided by Councilmember Magdoff, Councilmember Tidd, Project Development Manager Tom Wachholder, and Councilmember Hepner. No action was taken by the Council. 5/18/2021 City Council Agenda Packet Page 53 of 140 Page 2 of 2 3.Community Development Director Lori Barnett presented a Shoreline Masterplan program update (draft working document and changes). Ms. Barnett asked the Council if they needed more information brought to an upcoming meeting. The Council did not request additional information. A staff report at a future meeting is acceptable by the Council. Comments provided by Councilmember Magdoff, Councilmember Hepner, and Councilmember Tidd. No action was taken by the Council. 4.Community Development Director Lori Barnett presented a local Homeless Housing and Assistance program update. The City of Wenatchee is no longer administering the regional homeless fund program. Douglas County and the City of East Wenatchee will now need to consider how homeless funds will be distributed. The City Council may need to consider taking the homeless funds out of the County process the same as Wenatchee and develop a task force to administer funds. The Council requested that staff learns more of what the County is doing and report back to the Council. Ms. Barnett said the Council would need to decide within the next month. Comments provided by Councilmember Magdoff, Councilmember Tidd, and Mayor Crawford. No action was taken by the Council. 5.Community Development Director Lori Barnett advised the Council that she will have two separate agreement amendments for consideration in the consent items at the next Council meeting. The Agreements are between the Columbia Valley Housing Association and the City of East Wenatchee for the 2018 and 2019 CDBG Homeownership assistance program. These agreements terminated at the end of December and Ms. Barnett is recommending extending those until 2022. The changes to the agreements have already been approved; these were only administrative changes, there was no change to expenditures. 6.Councilmember Tidd shared that the Flywheel Investment Conference is taking place on May 20, 2021. They have invited the Council to attend and have provided in person tickets. 7.Councilmember Tidd announced that three Councilmembers are up for reelection this year. He announced that he would be running for Council again. No action was taken by the Council. Adjournment. With no further business, the meeting was adjourned at 7:07 p.m. ____________________________ Attest: Jerrilea Crawford, Mayor _______________________________ Maria E. Holman, City Clerk 05/13/2021 Council Workshop Minutes 5/18/2021 City Council Agenda Packet Page 54 of 140 Presented to: BBBeeennn FFFaaauuucccooonnnnnniiieeerrr FOR COMPLETING 15 YEARS OF DEDICATED PUBLIC SERVICE TO THE CITY OF EAST WENATCHEE ____________________________________ Jerrilea Crawford, Mayor 5/18/2021 City Council Agenda Packet Page 55 of 140 P R O C L A M A T I O N WHEREAS, our great country was founded on the principles of freedom and equality; and WHEREAS, our men and women over the years have been called upon to protect the liberty and freedom of our nation by forces beyond their control; and WHEREAS, many of our citizens in the service of our armed forces have laid down their lives to protect our democracy during times of war and international times of stress; and WHEREAS, the citizens of the United States desire to keep alive the memories of those who have preserved our freedom during the great wars through their valiant effort and loss of life. NOW THEREFORE, I, Jerrilea Crawford, Mayor of the City of East Wenatchee, urge the citizens of this community to set aside this day in appreciation of the sacrifices of our honored dead by observing the day of May 31, 2021, as “MEMORIAL DAY” in the City of East Wenatchee; and urge all patriotic citizens to evidence their gratitude by taking part in the Memorial Services this day in remembrance of those who risked their lives in defense of the freedom which we continue to enjoy as American Citizens. 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 5/18/2021 City Council Agenda Packet Page 56 of 140 CITY OF EAST WENATCHEE COUNCIL AGENDA BILL To: Mayor and Council From/Presenter: Trina Elmes, Events Director/PIO Subject: East Wenatchee Events Board Funding Recommendation Date: May 18, 2021 I. Summary Title: Lodging Tax Request, $5,000, for Greater Wenatchee Girls Softball Association’s Sterling Invite, May 29-31, 2021. II. Background/History: The Sterling Invite is a girls fastpitch tournament for 10U, 12U and 14U select softball teams from across the northwest. This tournament has 54 fastpitch teams with 51 of those teams coming from out of the area and some have come as far as Oregon, Canada, Alaska and Idaho. Seven of the eleven softball fields used are in East Wenatchee too. III. Recommended Action: The East Wenatchee Events Board is recommending that the City Council fund the Greater Wenatchee Girls Softball Association request of Lodging Taxes in the amount of $5,000 for the Sterling Invite and authorize the Mayor to sign an agreement not to exceed the $5,000 recommended amount. IV. Exhibits: 1. East Wenatchee Events Board, May 5, 2021, Meeting Minutes. 2. Greater Wenatchee Girls Softball Association’s Application for Tourism Promotion Grant Application. 3. GWGSA Grant Agreement. Financial Data: Expenditure Required Amount Budgeted Appropriation Required $5,000 $5,000 No 5/18/2021 City Council Agenda Packet Page 57 of 140 CITY OF EAST WENATCHEE EVENTS DEPARTMENT (509) 886-6108 | EastWenatcheeWa.gov 271 9th St. NE, East Wenatchee, WA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Events Department at (509) 886-6108 (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). EAST WENATCHEE EVENTS BOARD BOARD MEETING MINUTES May 5, 2021 | 3:30PM Attendees Councilmember Rob Tidd, Jason Heinz, Marianne Rumbolz, Brent Schmitten, Michael Machado, Kirk Mayer, Sally Brawley and Events Director/PIO Trina Elmes Guests Location Online Zoom Meeting Roll Call/Introductions Public None Comment Minutes The March 3, 2021 minutes were reviewed. Michael Machado motioned to accept the minutes and Brett Schmitten seconded the motion. Motion carried (7-0). Financials Events Director/PIO Elmes went over the Financial Report. Tourism Grants Greater Wenatchee Girls Softball Association (GWGSA) – Sterling Invite The GWGSA Sterling Invite is a fastpitch softball tournament, for girls ages 8-15, over Memorial Day Weekend. The tournament brings in 51 teams to the Wenatchee Valley, plus 3 local teams, and 7 of the 11 softball fields are located in East Wenatchee. The Tournament Director has worked with the hotels in East Wenatchee to book as many rooms as possible for teams and umpires who are traveling from outside the area. The GWGSA is asking for $5,000 to help with expenses for the Sterling Invite. Brent Schmitten motioned to approve the request for $5,000 and Michael Machado seconded the motion. Motion carried (6-0, Jason Heinz abstained). Events The Classy Chassis Parade is scheduled for June 11, but there will be no car show the next Update day. With strict COVID regulations, there will be no registrations the day of the event, drivers will remain in their vehicles during check-in. Volunteers will be needed to help at check-in and for parking cars. WVCC Update Jerri Barkley was unable to attend. Other June’s meeting has been cancelled. Next Meeting July 14, 2021, 3:00pm Eastmont Parks & Recreation’s Community Center 230 N. Georgia Ave, East Wenatchee, WA 98802 CALL TO ORDER 3:33PM 5/18/2021 City Council Agenda Packet Page 58 of 140 CITY OF EAST WENATCHEE EVENTS DEPARTMENT (509) 886-6108 | EastWenatcheeWa.gov 271 9th St. NE, East Wenatchee, WA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Events Department at (509) 886-6108 (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). O ORDER Rob Tidd, Councilmember Attest: Trina Elmes, Events Director/PIO ADJOURN 3:56PM 5/18/2021 City Council Agenda Packet Page 59 of 140 Print Amount of Lodging Tax Requested* Organization/Agency Name* C Corporation Government Limited Liability Company Partnership S Corporation Sole Proprietor Other Type of Organization*Activity Name*Please List* Proposed Start Date of Activity* Proposed End Date of Activity* First Name*Last Name*Title* Primary Phone*Cell Phone Email* Mailing Address* City*State*Zip Code* Tourism Promotion Grant - Submission #146 Date Submitted: 4/12/2021 5,000.00 Greater Wenatchee Girls Softball Association Sterling Invite Fastpitch Tourney Non-Profit Jason Heinz GWGSA President 509-630-5655 gwgsapresident@gmail.com PO Box 351 Wenatchee WA 98807 5/29/2021 5/31/2021 5/18/2021 City Council Agenda Packet Page 60 of 140 Operation of a Special Event/Festival, Designed to Attract Tourists Operation of a Tourism Promotion Agency Operation of a Tourism-Related Facility Tourism Promotion/Marketing Service Category (Check All That Apply) Section I - General Information Yes No Is this a new Activity?* Yes No Are you requesting/using other City funds for this Activity?* How many years has this activity existed? Proposed Location of Activity* Short Description of the Activity* Describe the Prior Success of Your Activity* Describe Your Target Audience* Describe How You Will Promote Lodging Establishments, Restaurants and Businesses Located in the City of East Wenatchee* Budget for Activity* Sterling Budget 2021.pdf Allowed types: .gif, .jpg, .jpeg, .png, .doc, .docx, .xls, .xlsx, .rtf, .pdf, .txt What costs will the Tourism Promotion Grant cover?* 8 Wenatchee and East Wenatchee We strive to bring in 54 Fastpitch teams to the Wenatchee Valley. 7 out of the 11 fields are located in East Wenatchee, and we fill most if not all the hotels during this weekend. Out of 54 teams only 3 teams are local so that means 51 teams are from out of the area with average of 12 players per team Over the years we have had 48+ teams attending this event. The cap on # of teams with the amount of Fields we use is 54. Girls aged 8-15 yrs old playing competitive fastpitch We promote lodging and establishments through email and phone with coaches of the teams that are coming in to town. Most hotels are full by the time the weekend begins. Umpires - $2,500 Travel Costs - $1,500 Administration - $500 Fees - $500 5/18/2021 City Council Agenda Packet Page 61 of 140 What organization and staffing do you have to support this activity?* Yes No Does your organization have a current City of East Wenatchee Business License?* Note: A grant recipient must obtain a business license. Business license information can be found on the City's website under the Business tab on its homepage. Full Description of the Activity. Expand from the above questions, such as: what it is you wish to do; the tangible and intangible benefits to the community; visitor impact; and how you will evaluate the success of the project.* How will you advertise, publicize or otherwise distribute information regarding your activity?* Section II - Projected Tourism Benefit RCW 67.28 provides authority for cities and counties to use lodging tax for tourism promotion to attract visitors and encourage tourism expansion. State law also details certain reporting requirements for jurisdictions that levy a lodging tax. Each agency awarded East Wenatchee lodging tax funds will be required to submit a Tourism Funding Expenditure Report Worksheet to the City with detailed actual information at the conclusion of their tourism promotion activities. Provide an estimated number of participants, who will attend your Activity, in each of the following categories: Overall Attendance at the Event/Activity* Travel More Than 50 Miles*Travel from Another State/Country* Travel More Than 50 Miles and Stay over Night in the Wenatchee Valley* Of the People Staying Overnight, the Number of People Who Will Stay in Paid Accommodations* Number of Paid Lodging Room Nights, Resulting from Your Proposed Activity* Lodging Impact* We have our GWGSA Board that helps staff this event as well as Site directors at each of the 3 locations This is a 54 team with 6 game guarantee making it one of the largest and longest Fastpitch tournaments any given year. We will play at 11 fields around the community including Walla Walla Point Park, Sterling, and Hydro Park. Each team comes with 12 players and 2-3 coaches. This tournament is widely publicized on NSA Website. Teams have come from Alaska, Montana, Oregon, Canada to play in this tournament. We advertise via Facebook, email, NSA Website 2,500 2,000 100 2,000 1,700 3 450 5/18/2021 City Council Agenda Packet Page 62 of 140 Explain How You Calculated the Previous Estimates* How will you collect and verify the above information for your Activity?* Section III - Evaluation Criteria State law defines Tourism Promotion as: “Activities and expenditures designed to increase tourism, including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists; developing strategies to expand tourism; operating tourism promotion agencies; and funding marketing and operations of special events and festivals designed to attract tourists.” Meets the definition for Tourism Promotion Promotes a positive image for East Wenatchee Promotes East Wenatchee as a "Destination" Attracts visitors, builds new audiences and encourages tourist expansion Increases awareness of East Wenatchee’s amenities, history, facilities, and natural environment Supports "Regional Tourism" planning Tourism Promotion Funding Criteria (Check All Boxes That Apply) Benefits the citizens of East Wenatchee Benefits the overall Community, rather than a specific segment or interest Benefit to the Community (Check All Boxes That Apply) Moves an existing program in a new direction Unusual or unique Innovation (Check All Boxes That Apply) Broad-based Community appeal or support Evidence of need for this Activity Community Support (Check All Boxes That Apply) Exhibits a degree of Partnership Volunteer involvement, inter-jurisdictional, corporate, business and/or civic organization support Evidence of Partnerships (Check All Boxes That Apply) We have just about 1000 athletes with coaches, and usually 2-3 family members per athlete since they can't drive themselves. 51 teams will get hotel accommodations or park passes to stay at our local state parks I have emails, registration forms, etc. Plus I can give you the list of teams that are planning on attending the event. 5/18/2021 City Council Agenda Packet Page 63 of 140 Multiple revenue sources to support this Activity This is the only funding source Funding Sources (Check All Boxes That Apply) Request is for a new Activity Request is to continue or expand an on-going Activity Previous & Replacement Funding (Check All Boxes That Apply) Activity is of a scale that is suitable for this funding program Scale of Project (Check All Boxes That Apply) How does your Activity meet the above Tourism Promotion funding criteria?* Section IV - Signature of Applicant I attest the information in this application is accurate, that I am an agent authorized to represent the Organization and I understand the funds requested, if granted, will go to the Organization. I have contacted the City of East Wenatchee and will meet all necessary requirements including, but not limited to, insurance, business licensing, permitting and state reporting requirements. If my activity is funded, I agree to use the approved East Wenatchee logo in all promotional material. I understand the Washington State limitations placed on use of the Lodging Taxes, and certify that the requested funds will be used only for purposes described in this application or as approved by the City of East Wenatchee. I understand use of funds is subject to audit by the State of Washington. I acknowledge that all of the contents of this application are subject to disclosure under the Washington State Public Records Act, RCW 42.56, and that the application will be discussed in meetings of the East Wenatchee Events Board, which acts as the Lodging Tax Advisory Committee, that are open to the public under RCW 42.30. I understand: I am proposing a tourism-related service. If awarded, my organization will enter into a Municipal Services Contract with the City and will provide liability insurance for the duration of the Contract. The insurance will name the City as an additional insured and in the policy will be in an amount to be determined by the City of East Wenatchee. The City of East Wenatchee will only reimburse those costs actually incurred by my organization/agency. Reimbursement only occurs after the service is rendered and after I submit a signed Request for Reimbursement form to the City of East Wenatchee. I will include copies of invoices and payment documentation with the Request. My organization/agency will submit a report documenting the economic impact results in a format determined by the City of East Wenatchee. Digital Signature*Signer Email* East Wenatchee businesses will see an influx in hotel room reservation, they will be utilizing the dining in East Wenatchee and the stores between games to purchase goods. This money will help continue to develop this tournament and continue to move it as being a top tournament to play in year in and year out. Jason Heinz gwgsapresident@gmail.com 5/18/2021 City Council Agenda Packet Page 64 of 140 Income Expenses Registrations Number Cost Total Item Yearly 10U 6 $ 625.00 $ 3,750.00 Administration/Supplies $ 500.00 12U 24 $ 625.00 $ 15,000.00 Balls $ 1,100.00 $55 per dozen - 20 dozen 14U 24 $ 625.00 $ 15,000.00 Field Use to PUD 300.00$ $150 per complex 54 $ 33,750.00 Field Use to PUD $ 648.00 $12/team Field Help $ 1,250.00 $250 each, 5 helpers Insurance - Teams $ 540.00 $10 per team to Westpoint Insurance to NSA 300.00$ NSA Fees $ 540.00 $10 per team Plaques $ 750.00 Site Directors Shirts for Winners Umpires Umpire Hotels Umpire Travel Expenses Difference Total Income $ 33,750.00 $482.00 Total Expenses $ 1,800.00 $600/weekend, 3 sites $ 1,575.00 $15 each, 15 per team, 7 teams $ 16,815.00 $95 per game $ 5,500.00 22 rooms, $125 per night (incl. tax) $ 1,650.00 33 Umpires $25 per day $ 33,268.00 Sterling Invite 2020 Expenses 5/18/2021 City Council Agenda Packet Page 65 of 140 Page 1 of 5 Grant Agreement Between The City of East Wenatchee 271 9th St. NE East Wenatchee, WA 98802 (509) 884-9515 And Grantee Greater Wenatchee Girls Softball Association dba: Sterling Invite Fastpitch Tournament PO Box 351 Wenatchee, WA 98807 c/o Jason Heinz (509) 630-5655 5/18/2021 City Council Agenda Packet Page 66 of 140 Page 2 of 5 1. Grantee’s Obligations. Grantee will: a. Host an event on May 29-31, 2021, generally described as Sterling Invite. b. Acknowledge the City’s contribution in the event’s formal promotional materials and efforts. c. Acknowledge the City’s contribution on the Grantee’s website. d. Acknowledge the City’s contribution on the Grantee’s social media accounts. e. Submit a Post Event Report to the City within 14 days of the event’s completion that contained all the information set forth in Exhibit A. 2. The City’s Obligations. Within 30 days of receiving the Post Event Report, the City will reimburse the Grantee in the amount of $5,000. 3. Indemnification. Grantee releases and shall defend, indemnify and hold harmless the City, its elected officials, officers, employees, agents and volunteers for any and all claims, demands, losses, negligent acts or omissions, and liabilities (including costs and all attorney's fees) to or by any and all persons and entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of Grantee, its partners, shareholders, agents, employees, or by the Grantee's breach of this Agreement. 4. Insurance. Grantee shall obtain and keep in force during the terms of the agreement the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to R.C.W. Title 48: a. Worker's compensation and employer's liability insurance as required by the State of Washington. b. General commercial liability insurance in an amount not less than a single limit of $1,000,000 for bodily injury, including death and property damage per occurrence. 5/18/2021 City Council Agenda Packet Page 67 of 140 Page 3 of 5 Excepting the worker's compensation insurance secured by Grantee, the City will be named on all certificates of insurance as an additional insured. Grantee shall furnish the City with verification of insurance and endorsements required by this agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. Grantee shall submit a verification of insurance as outlined above within 14 days of the execution of this agreement to the City. 5. No Discrimination. Grantee ensures that it will not discriminate against any employee or applicant for employment in violation of RCW 49.60.180 or other applicable law prohibiting discrimination, unless based upon a bona fide occupational qualification as provided in RCW 49.60.180 or as otherwise permitted by other applicable law. Further, Grantee will not commit an act which violates RCW 40.60.215 or other applicable law prohibiting discrimination. City of East Wenatchee Signature: Jerrilea Crawford Mayor Date: ATTEST: Maria Holman City Clerk Greater Wenatchee Girls Softball Association Signature: Jason Heinz President Date: 5/18/2021 City Council Agenda Packet Page 68 of 140 Page 4 of 5 Exhibit A 5/18/2021 City Council Agenda Packet Page 69 of 140 Page 5 of 5 Post Event Report Organization/Agency Name: Federal Tax ID Number: Activity Name: Proposed Date of Activity: Contact Name and Title: Phone: Email Address: Please provide the number of participants in each of the following categories: Overall attendance at the event/activity: Number of people who travelled more than 50 miles to attend your event/activity: Number of people who traveled from another state or country to attend your event/activity: Number of people who travelled more than 50 miles to attend your event/activity and who stayed overnight in the Wenatchee Valley: Of the people staying overnight, the number of people who stayed in paid accommodations: Number of paid lodging room nights resulting from your event/activity: At an average daily rate of $85, my paid room lodging impact was: Please explain how your organization collected and verified the above information: 5/18/2021 City Council Agenda Packet Page 70 of 140 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: 5/18/2021 City Council Agenda Packet Page 71 of 140 • 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 5/18/2021 City Council Agenda Packet Page 72 of 140 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 and by repealing Section 9.14020 of the East Wenatchee Municipal Code. Una Ordenanza de la Ciudad de East Wenatchee que incorpora por referencia secciones del Código Revisado de Washington relacionadas con delitos penales al enmendar el Capítulo 9.14 del Código Municipal de East Wenatchee y al derogar la Sección 9.14020 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. 5/18/2021 City Council Agenda Packet Page 73 of 140 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. 5/18/2021 City Council Agenda Packet Page 74 of 140 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 Section 9.14.020 of the East Wenatchee Municipal Code. Furthermore, 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. 5/18/2021 City Council Agenda Packet Page 75 of 140 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: __________ 5/18/2021 City Council Agenda Packet Page 76 of 140 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 and by repealing Section 9.14020 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 5/18/2021 City Council Agenda Packet Page 77 of 140 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 5/18/2021 City Council Agenda Packet Page 78 of 140 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…… 5/18/2021 City Council Agenda Packet Page 79 of 140 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 5/18/2021 City Council Agenda Packet Page 80 of 140 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 5/18/2021 City Council Agenda Packet Page 81 of 140 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 5/18/2021 City Council Agenda Packet Page 82 of 140 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 5/18/2021 City Council Agenda Packet Page 83 of 140 (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 5/18/2021 City Council Agenda Packet Page 84 of 140 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 5/18/2021 City Council Agenda Packet Page 85 of 140 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 5/18/2021 City Council Agenda Packet Page 86 of 140 (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 5/18/2021 City Council Agenda Packet Page 87 of 140 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 5/18/2021 City Council Agenda Packet Page 88 of 140 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 5/18/2021 City Council Agenda Packet Page 89 of 140 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 5/18/2021 City Council Agenda Packet Page 90 of 140 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 5/18/2021 City Council Agenda Packet Page 91 of 140 (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 5/18/2021 City Council Agenda Packet Page 92 of 140 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 5/18/2021 City Council Agenda Packet Page 93 of 140 (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 5/18/2021 City Council Agenda Packet Page 94 of 140 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 5/18/2021 City Council Agenda Packet Page 95 of 140 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 5/18/2021 City Council Agenda Packet Page 96 of 140 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 5/18/2021 City Council Agenda Packet Page 97 of 140 (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 5/18/2021 City Council Agenda Packet Page 98 of 140 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 5/18/2021 City Council Agenda Packet Page 99 of 140 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 5/18/2021 City Council Agenda Packet Page 100 of 140 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 5/18/2021 City Council Agenda Packet Page 101 of 140 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 5/18/2021 City Council Agenda Packet Page 102 of 140 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 5/18/2021 City Council Agenda Packet Page 103 of 140 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 5/18/2021 City Council Agenda Packet Page 104 of 140 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 5/18/2021 City Council Agenda Packet Page 105 of 140 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 5/18/2021 City Council Agenda Packet Page 106 of 140 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 5/18/2021 City Council Agenda Packet Page 107 of 140 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 5/18/2021 City Council Agenda Packet Page 108 of 140 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 5/18/2021 City Council Agenda Packet Page 109 of 140 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 5/18/2021 City Council Agenda Packet Page 110 of 140 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 5/18/2021 City Council Agenda Packet Page 111 of 140 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 5/18/2021 City Council Agenda Packet Page 112 of 140 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 5/18/2021 City Council Agenda Packet Page 113 of 140 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 5/18/2021 City Council Agenda Packet Page 114 of 140 (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 5/18/2021 City Council Agenda Packet Page 115 of 140 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 5/18/2021 City Council Agenda Packet Page 116 of 140 (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 5/18/2021 City Council Agenda Packet Page 117 of 140 (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 5/18/2021 City Council Agenda Packet Page 118 of 140 (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 5/18/2021 City Council Agenda Packet Page 119 of 140 (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 5/18/2021 City Council Agenda Packet Page 120 of 140 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 5/18/2021 City Council Agenda Packet Page 121 of 140 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 5/18/2021 City Council Agenda Packet Page 122 of 140 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 5/18/2021 City Council Agenda Packet Page 123 of 140 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 5/18/2021 City Council Agenda Packet Page 124 of 140 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 5/18/2021 City Council Agenda Packet Page 125 of 140 CITY OF EAST WENATCHEE COUNCIL AGENDA BILL To: Mayor and Council From/Presenter: Josh DeLay, Finance Director Subject: Bond Counsel Contract Date: May 18, 2021 I.Summary Title: A contract between the City of East Wenatchee and Foster Garvey for $25,100 for bond counsel services in connection with the issuance of a limited tax general obligation bond (Bond) in the principal amount of $10,000,000. II.Background/History: The City is seeking a $10,000,000 Bond to finance a new Public Works facility and acquire a commercial building for the Police Department, which will be purchased by Banner Bank. As the Bond purchaser, Banner Bank requires that the City obtain bond counsel. Bond counsel is a legal firm with special expertise in municipal bond and federal tax law. Bond counsel provides the legal opinion that interest on the bonds is tax-exempt under federal law, that the transaction is legally sound, and that the bonds are valid and binding obligations. Bond counsel protects all parties involved and assumes the monetary penalty risk of an invalid Bond obligation. In addition, bond counsel also prepares much of the bond documentation. The $25,100 fee is paid for at closing with proceeds from the Bond. III.Recommended Action: Authorize Mayor Crawford to sign and execute the contract with Foster Garvey. IV.Exhibits: Bond Counsel Engagement Letter Financial Data: Expenditure Required Amount Budgeted Appropriation Required $25,100 $0 $0 5/18/2021 City Council Agenda Packet Page 126 of 140 FG:54293467.1 Direct Phone: 206.447.6264 Fax: 206.749.2138 lee.marchisio@foster.com May 4, 2021 VIA EMAIL Josh DeLay, Finance Director City of East Wenatchee 271 9th Street NE East Wenatchee, WA 98802 Re: Issuance of Limited Tax General Obligation Bond, 2021 Dear Mr. Delay: We are pleased to have the opportunity to represent the City of East Wenatchee (the “City”) as bond counsel in connection with the City’s upcoming bond issue. This letter describes the services we will perform as bond counsel to the City and the terms of our engagement in connection with the issuance of a limited tax general obligation bond (the “Bond”). We understand that the Bond will be issued in the approximate principal amount of $10,000,000, that proceeds from the Bond will be used to finance a new Public Works facility and the acquisition of a commercial building for the Police Department of the City, and that the Bond will be purchased by Banner Bank (the “Purchaser”). SCOPE OF ENGAGEMENT In this engagement, we expect to perform the following duties: (i) review legal issues relating to the structure of the Bond; (ii) prepare and review documents necessary or appropriate to the authorization, issuance, and delivery of the Bond, and coordinate the authorization and execution of such documents; (iii) subject to the completion of proceedings to our satisfaction, render a legal opinion regarding the validity of the Bond, the security for the Bond, and the treatment of interest on the Bond for federal income tax purposes (the “Opinion”). The Opinion will be addressed to the City and will be delivered by us on the date the Bond is exchanged with the Purchaser for its purchase price (the “Closing”). The Opinion will be based on facts and law existing as of their date. In rendering the Opinion, we will rely upon the certified proceedings and other certifications of City officials and other persons furnished to us without undertaking to verify the same by independent investigation, and we will assume continuing compliance by the City after the Bond is issued with applicable laws relating to the Bond. During the course of this engagement, we will rely on the City to provide us with complete and timely factual information 5/18/2021 City Council Agenda Packet Page 127 of 140 May 4, 2021 Page 2 FG:54293467.1 for inclusion in the official statement and to support our analysis of the relevant laws relating to the issuance of the Bond. We understand that officials and employees of the City will cooperate with us in this regard. ATTORNEY-CLIENT RELATIONSHIP The City will be our client in this transaction, and an attorney-client relationship will exist between us. In this transaction we represent only the City, we are not counsel to any other party, and we are not acting as an intermediary among the parties. Our services regarding the Bond are limited to those contracted for in this letter. The City’s execution of this engagement letter will constitute an acknowledgment of those limitations. Our representation of the City regarding the Bond will be concluded upon issuance of the Bond. Nevertheless, subsequent to the Closing, we will mail the appropriate Internal Revenue Service Form 8038, and prepare and distribute to the participants in the transaction a transcript of the proceedings pertaining to the Bond. CONFLICTS Regarding the Purchaser. Upon execution of this engagement letter, Foster Garvey P.C. (“Foster”), will represent the City in connection with the Bond. Foster in the past has represented the Purchaser as lender’s counsel; however, Foster currently does not represent the Purchaser. Foster’s prior representations of the Purchaser are unrelated to the issuance of the Bond. Foster will represent the City—and not the Purchaser—when negotiating the terms of the Bond and the Bond issuance documents. Regarding Other Foster Clients. Foster represents many political subdivisions, companies and individuals. It is possible that during the time that we are representing the City, one or more of our present or future clients will have transactions with the City. It is also possible that we may be asked to represent, in an unrelated matter, one or more of those types of clients. For example, from time to time we serve as counsel to bond underwriters or purchasers, including the Purchaser, or we represent neighboring governments, or we assist developers in land use or environmental matters. We do not foresee, however, that any such prior or future representation (including our prior representations of the Purchaser) will adversely affect our ability to represent you as provided in this letter, either because such matters were or will be sufficiently different from the issuance of the Bond so as to make such representations not adverse to our representation of you, or because the potential for such adversity is remote or minor and outweighed by the consideration that it is unlikely that advice given to the other client will be relevant to any aspect of the issuance of the Bond. Execution of this letter will signify the City’s consent to our representation of others consistent with the circumstances described in this paragraph. To the extent we believe such future representation may adversely affect our representation of the City, we will disclose such representation to the City and, if required by ethical rules, seek the appropriate City consent. However, the City’s consent to our representation of other clients as described in this paragraph does not extend to our firm’s lawyers representing a client in any litigation or similar dispute adverse to the City before any court or similar forum. A separate waiver would need to be sought, based on the facts of the relevant dispute. 5/18/2021 City Council Agenda Packet Page 128 of 140 May 4, 2021 Page 3 FG:54293467.1 RECORDS Upon request, papers and property furnished by you will be returned promptly. Our own files, including lawyer work product, pertaining to the transaction will be retained by us. For various reasons, including the minimization of unnecessary storage expenses, we reserve the right to dispose of any documents or other materials retained by us after the termination of this engagement. FEE Our standard fee for providing bond counsel services in connection with a $10,000,000 general obligation bond is $30,500. However, in light of the fact the Bond will be sold directly to the Purchaser, without the need for bond marketing materials (i.e. an official statement), our fixed fee will be $25,100. This fee is based upon our current understanding of the terms, structure, size, schedule, and character of the Bond issue, and the duties we will undertake pursuant to this engagement letter. We will not separately invoice the City for out-of-pocket expenses. Our fees may increase if there are material changes in the structure, if the principal amount of the Bond increases by more than $1 million, or if unforeseen circumstances arise (e.g. a casualty event to the proposed project, or a change in law) that require a significant increase in our time or responsibility. If, at any time, we believe that circumstances require an adjustment of our fees, we will advise you in writing. Our fees will be paid at Closing. Payment of our fees is contingent on a successful Closing; however, if, for any reason, the Bond issue is completed without the delivery of the Opinion, or our services are otherwise terminated, we will expect to be compensated at our normal hourly rates for time actually spent on your behalf; provided that, (1) we submit a billing statement to the City that describes the time, legal services and expenses incurred on your behalf, and (2) such compensation shall not exceed the amount of the fee that would have been paid had the Bond closed with the Opinion. If the foregoing terms are acceptable, the Mayor should sign and date two copies. Please return one copy to me and the remaining copy should be retained in the City’s files. We look forward to working with you again. Sincerely, FOSTER GARVEY P.C. Lee Marchisio Accepted and approved this _____ day of May, 2021. CITY OF EAST WENATCHEE, WASHINGTON Jerrilea Crawford, Mayor cc: Devin Poulson, City Attorney 5/18/2021 City Council Agenda Packet Page 129 of 140 1 Maria Holman From:Ruth Martin (x6403) <ruthm@co.douglas.wa.us> Sent:Tuesday, May 4, 2021 11:21 AM Subject:Douglas Co Elections Dept - Local Voters' Pamphlet Admin Rules Attachments:Official LVP Administrative Rules 4.29.21.pdf Good morning, In 2020, the Legislature passed a bill requiring all county auditors to produce a local voters’ pamphlet for any primary, general or special election, effective July 1, 2021. Pursuant to RCW 29A.32.220, this email is notification that Douglas County Elections will publish a local voter’s pamphlet for the Primary Election, 8/3/21, and the General Election, 11/2/21. The pamphlet will be mailed to every household approximately 20 days before the election. Included in this email are the administrative rules for the local voters’ pamphlet. These rules cover explanatory statements, for and against statements, and rebuttal statements for ballot measures, as well as deadlines and forms to be submitted. For candidates, the rules cover the lengths of statements, deadlines and rules about content. If you have any questions, please feel free to contact me. Sincerely, Ruth M. Martin  Elections Supervisor  Elections Department|Douglas County Auditor  (509) 888‐6403|ruthm@co.douglas.wa.us    This email may be subject to disclosure as a public record under the Public Records Act, RCW Chapter 42.56  5/18/2021 City Council Agenda Packet Page 130 of 140 From:Trautmann, Cara Cc:Strong, Stafford G Subject:Spectrum Pacific West, LLC ("SPECTRUM") Pricing Adjustment Update 05.03.21 Date:Monday, May 3, 2021 1:51:40 PM Attachments:image003.png At Spectrum Pacific West, LLC (“Spectrum”) we continue to enhance our services in order to offer more entertainment and communication choices, and to deliver the best value to our customers. We are committed to offering our customers products and services we are sure they will enjoy. Programming fees charged by TV networks we carry are the greatest single factor in higher cable prices, and continue to rise. Despite our best efforts to control these costs, this has resulted in a change in the rates we charge our customers. Effective on or after May 2, 2021, customers are being noticed via bill message of the following monthly pricing changes, which will take effect on or after June 2, 2021. Customer promotional rates will not change until the end of the promotion period. Services/Products/Equipment Pricing Adjustment Broadcast TV Surcharge Will increase by $1.54. This reflects the costs incurred from local Broadcast TV Stations. Seasonal Broadcast TV Surcharge Will reduce by $6.45. Spectrum Receiver/Digital Adapter Will increase by $1.00 per receiver/adapter. Spectrum Receiver/Digital Adapter (LBHN areas) Will increase by $0.99 per receiver/adapter. Charter Digital Home (LCHTR areas) Will increase by $10.00. Spectrum TV Select Will increase by $3.00. Spectrum TV Silver Will increase by $8.00*. Spectrum TV Gold Will increase by $8.00*. Latino Tier Will increase by $1.00. * Except certain grandfathered/Active packages where increase is $3.00. If you have any questions about this change, please feel free to contact me at 360.936.0522 or via email at stafford.strong@charter.com. Sincerely, 5/18/2021 City Council Agenda Packet Page 131 of 140 Stafford Strong | Senior Manager, State Government Affairs - Washington | C: 360-936-0522 222 NE Park Plaza Drive, #231| Vancouver, WA 98684 E-MAIL CONFIDENTIALITY NOTICE: The contents of this e-mail message and any attachments are intended solely for the addressee(s) and may contain confidential and/or legally privileged information. If you are not the intended recipient of this message or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and any attachments. If you are not the intended recipient, you are notified that any use, dissemination, distribution, copying, or storage of this message or any attachment is strictly prohibited. The contents of this e-mail message and any attachments are intended solely for the addressee(s) and may contain confidential and/or legally privileged information. If you are not the intended recipient of this message or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and any attachments. If you are not the intended recipient, you are notified that any use, dissemination, distribution, copying, or storage of this message or any attachment is strictly prohibited. 5/18/2021 City Council Agenda Packet Page 132 of 140 From:Trautmann, Cara Cc:llehman@ci.benton-city.wa.us; david.sparks@co.benton.wa.us; administrator@bingenwashington.org; kay@cityofcashmere.org; sarahc@townofcathlamet.com; cathy.mulhall@co.chelan.wa.us; mrizzitiello@ci.college- place.wa.us; jbarker@co.douglas.wa.us; Maria Holman; kjohnson@co.franklin.wa.us; anitap@grandview.wa.us; tog@televar.com; clerk@ilwaco-wa.gov; marie.mosley@ci.kennewick.wa.us; jwalinski@cityofleavenworth.com; administrator@longbeachwa.gov; josh.roberson@co.yakima.wa.us; kristi.heilman@co.yakima.wa.us; clerk@co.okanogan.wa.us; Joann.oroville@nvinet.com; kspoor@co.pacific.wa.us; zabelld@pasco-wa.gov; FUNFARJ@pasco-wa.gov; kmurphey@ci.prosser.wa.us; lfollett@ci.richland.wa.us; treasurer@rockislandwa.gov; donald.wayman@selahwa.gov; citymanager@ci.sunnyside.wa.us; tonasket@nvinet.com; LHoyt@cityoftoppenish.us; arlene.fisher@uniongapwa.gov; administrator@cityofwaitsburg.com; khill@wallawallawa.gov; wwcocommissioners@co.walla-walla.wa.us; jorozco@wapato-city.org; FKuntz@wenatcheewa.gov; shaug@westrichland.org; janb@ci.white-salmon.wa.us; bob.harrison@yakimawa.gov; craig.warner@co.yakima.wa.us; SBounds@cityofzillah.us Subject:Spectrum Pacific West, LLC ("SPECTRUM") Programming Update 04.29.21 Date:Thursday, April 29, 2021 9:30:45 AM Attachments:image002.png Spectrum Pacific West, LLC (“Spectrum”), locally known as Spectrum, has been informed that on or around June 1, 2021, Living Faith located on Spectrum Channel 172 SD and 715 HD will be rebranded to Bull Dog Shopping Network on the channel lineup serving your community. To view a current Spectrum channel lineup visit www.spectrum.com/channels. If you have any questions about this change, please feel free to contact me at 360.936.0522 or via email at stafford.strong@charter.com. Sincerely, Stafford Strong | Senior Manager, State Government Affairs - Washington | C: 360-936-0522 222 NE Park Plaza Drive, #231| Vancouver, WA 98684 E-MAIL CONFIDENTIALITY NOTICE: The contents of this e-mail message and any attachments are intended solely for the addressee(s) and may contain confidential and/or legally privileged information. If you are not the intended recipient of this message or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and any attachments. If you are not the intended recipient, you are notified that any use, dissemination, distribution, copying, or storage of this message or any attachment is strictly prohibited. The contents of this e-mail message and any attachments are intended solely for the addressee(s) and may contain confidential 5/18/2021 City Council Agenda Packet Page 133 of 140 and/or legally privileged information. If you are not the intended recipient of this message or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and any attachments. If you are not the intended recipient, you are notified that any use, dissemination, distribution, copying, or storage of this message or any attachment is strictly prohibited. 5/18/2021 City Council Agenda Packet Page 134 of 140 From:Trautmann, Cara Subject:Spectrum Pacific West, LLC ("SPECTRUM") Programming Update 04.29.21 Date:Thursday, April 29, 2021 3:32:06 PM Attachments:image002.png Spectrum Pacific West, LLC (“Spectrum”), locally known as Spectrum, is noticing its customers, that on or around June 2, 2021, truTV Network on Channel 859 will be swapping the East coast feed to the West coast feed on the channel lineup serving your community. To view a current Spectrum channel lineup visit www.spectrum.com/channels. If you have any questions about this change, please feel free to contact me at 360.936.0522 or via email at stafford.strong@charter.com. Sincerely, Stafford Strong | Senior Manager, State Government Affairs - Washington | C: 360-936-0522 222 NE Park Plaza Drive, #231| Vancouver, WA 98684 E-MAIL CONFIDENTIALITY NOTICE: The contents of this e-mail message and any attachments are intended solely for the addressee(s) and may contain confidential and/or legally privileged information. If you are not the intended recipient of this message or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and any attachments. If you are not the intended recipient, you are notified that any use, dissemination, distribution, copying, or storage of this message or any attachment is strictly prohibited. The contents of this e-mail message and any attachments are intended solely for the addressee(s) and may contain confidential and/or legally privileged information. If you are not the intended recipient of this message or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and any attachments. If you are not the intended recipient, you are notified that any use, dissemination, distribution, copying, 5/18/2021 City Council Agenda Packet Page 135 of 140 or storage of this message or any attachment is strictly prohibited. 5/18/2021 City Council Agenda Packet Page 136 of 140 From:Trautmann, Cara Subject:Spectrum Pacific West, LLC ("SPECTRUM") Programming Update 04.30.21 Date:Friday, April 30, 2021 3:11:40 PM Attachments:image003.png This letter will serve as notice Spectrum Pacific West, LLC (“Spectrum”), will be making changes to our channel lineup for customers. On or around June 1, 2021, the following Pay-Per-View networks currently carried will be dual illuminated on the channel line-up serving your community. Current Channel Dual Illumination Channel iN Demand SD 951 2101 iN Demand HD 950 2100 To view a current Spectrum channel lineup visit www.spectrum.com/channels. If you have any questions about this change, please feel free to contact me at 360.936.0522 or via email at stafford.strong@charter.com. Sincerely, Stafford Strong | Senior Manager, State Government Affairs - Washington | C: 360-936-0522 222 NE Park Plaza Drive, #231| Vancouver, WA 98684 E-MAIL CONFIDENTIALITY NOTICE: The contents of this e-mail message and any attachments are intended solely for the addressee(s) and may contain confidential and/or legally privileged information. If you are not the intended recipient of this message or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and any attachments. If you are not the intended recipient, you are notified that any use, dissemination, distribution, copying, or storage of this message or any attachment is strictly prohibited. The contents of this e-mail message and 5/18/2021 City Council Agenda Packet Page 137 of 140 any attachments are intended solely for the addressee(s) and may contain confidential and/or legally privileged information. If you are not the intended recipient of this message or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and any attachments. If you are not the intended recipient, you are notified that any use, dissemination, distribution, copying, or storage of this message or any attachment is strictly prohibited. 5/18/2021 City Council Agenda Packet Page 138 of 140 From:Trautmann, Cara Subject:Spectrum Pacific West, LLC ("SPECTRUM") Programming Update 05.13.2021 Date:Thursday, May 13, 2021 2:13:05 PM Attachments:image002.png This letter will serve as notice that effective on or around June 15, 2020, Spectrum Pacific West, LLC “Spectrum” is making changes to its Spectrum TV Choice package. With the Spectrum TV Choice package a new customer can pick up to 15 networks (previously 10 networks) out of 75 available networks (in addition to SPP Basic). The new package will allow customers to pick more channels from a different list of networks, including one (1) regional sports network, where available. Pricing for new Spectrum TV Choice 15 package will increase by $5.00 for new customers. Existing Spectrum TV Choice customers will be grandfathered with no changes made; however, customers may upgrade into the new Spectrum TV Choice 15 package. If you have any questions about this change, please feel free to contact me at 360.936.0522 or via email at stafford.strong@charter.com. Sincerely, Stafford Strong | Senior Manager, State Government Affairs - Washington | C: 360-936-0522 222 NE Park Plaza Drive, #231| Vancouver, WA 98684 E-MAIL CONFIDENTIALITY NOTICE: The contents of this e-mail message and any attachments are intended solely for the addressee(s) and may contain confidential and/or legally privileged information. If you are not the intended recipient of this message or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and any attachments. If you are not the intended recipient, you are notified that any use, dissemination, distribution, copying, or storage of this message or any attachment is strictly prohibited. The contents of this e-mail message and any attachments are intended solely for the addressee(s) and may contain confidential and/or legally privileged information. If you are not the intended recipient of this message or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message 5/18/2021 City Council Agenda Packet Page 139 of 140 and any attachments. If you are not the intended recipient, you are notified that any use, dissemination, distribution, copying, or storage of this message or any attachment is strictly prohibited. 5/18/2021 City Council Agenda Packet Page 140 of 140