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HomeMy WebLinkAbout01-16-2024 City Council Agenda PacketCITY OF EAST WENATCHEE CITY COUNCIL MEETING LOCATION: EAST WENATCHEE CITY HALL 271 9th Street NE | East Wenatchee, WA 98802 TO WATCH LIVESTREAM, CLICK HERE: https://us02web.zoom.us/j/84361291567 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.) Page 1 of 2 M EETING AGENDA 1.CALL TO ORDER 2.PLEDGE OF ALLEGIANCE 3.ROLL CALL 4.COUNCILMEMBER DECLARATION OF CONFLICT OF INTEREST (RCW 43.160.040) 5.CONSENT ITEMS a.Amendment to Interlocal Cooperative Agreement Columbia River Drug Task Force. Vouchers: b.Date: 01-16-2024 Checks: 59523-59552, in the amount of $171,900.05. c.October 2023 Payroll Certification. d.November 2023 Payroll Certification. e.December 2023 Payroll Certification. Minutes: f.01-02-2024 Council Meeting Minutes. Motion by City Council to approve agenda, vouchers, and minutes from previous meetings. 6.CITIZEN COMMENTS The Council is providing opportunities for public comment in person, remotely, or by submitting written comments. The Mayor will ask if there are any citizens wishing to address the Council. When recognized, please step up to the microphone (or unmute your screen), state your name and if you live within the East Wenatchee city limits. Citizen comments will be limited to three minutes. 7.DEPARTMENT REPORTS a.Community Development Annual Report for 2023. – Curtis Lillquist, Community Development Director. 8.ACTION ITEMS a.Resolution 2024-03, authorizing the Mayor to execute a contract with Central Washington Asphalt for the Grant Road Preservation Project #: 2022-06. – Garren Melton, Public Works Manager. Motion by City Council to approve Resolution 2024-03, authorizing Mayor Crawford to execute a contract between the City of East Wenatchee and Central Washington Asphalt for the Grant Road Preservation project for an amount not to exceed of $1,523,000.00. Tuesday, January 16, 2024 6:00 PM Council Chambers pg. 3 pg. 10 pg. 20 pg. 36 pg. 52 pg. 69 pg. 72 pg. 75 01-16-2024 Council Agenda Packet Page 1 of 138 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.) Page 2 of 2 b.Resolution 2023-05, City of East Wenatchee 2050 Public Participation Plan. – Curtis Lillquist, Community Development Manager. Motion by City Council to approve Resolution 2024-05, adopting the East Wenatchee 2050 Public Participation Plan. c.Resolution 2023-08, Public Defenders Contract. – Sean Lewis, Assistant City Attorney. Motion by City Council to approve Resolution 2024-08, authorizing Mayor Crawford to execute and agreement between the City of East Wenatchee with the Law Office of Tony DiTommaso, and the Law firm of Kottcamp, Yedinak and Esworthy for Public Defender Services. d.Consideration of withdrawal from the CDBG Entitlement Community Program. – Curtis Lillquist, Community Development Director. Motion by City Council to discontinue being an Entitlement Community for CDBG funds and to authorize Mayor Crawford to execute a letter withdrawing from the program. e.East Wenatchee Events Board Funding recommendation for Lodging Tax for the Eastmont Metro Park District’s Eastmont Winter Classic AAU Basketball Tournament, February 23-25, 2024. – Trina Elmes, Events Director/PIO. Motion by City Council to authorize Mayor Crawford to execute an agreement with Eastmont Metro Park District for an amount not to exceed of $10,000.00 for the Eastmont Winter Classic AAU Basketball Tournament. f.East Wenatchee Events Board Funding recommendation for Lodging Tax for the Wenatchee Valley Sports Foundation’s Special Olympics WA State Winter Games, March 1-3, 2024. – Trina Elmes, Events Director/PIO. Motion by City Council to authorize Mayor Crawford to sign an agreement with Wenatchee Valley Sports Foundation for an amount not to exceed of $10,000.00 for the Special Olympics WA State Winter Games. 9.MAYOR’S REPORT a.Peoples Bank Ribbon Cutting – Feb. 1st, 5-7pm. b.Sportsplex Phase 1 Report. c.Clarification on City Council Workshop meeting date and time. 10.COUNCIL REPORTS & ANNOUNCEMENTS a.Reports/New Business of Council Committees 11.ADJOURNMENT pg. 83 pg. 95 pg. 108 pg. 110 pg. 124 01-16-2024 Council Agenda Packet Page 2 of 138 01-16-2024 Council Agenda Packet Page 3 of 138 01-16-2024 Council Agenda Packet Page 4 of 138 01-16-2024 Council Agenda Packet Page 5 of 138 01-16-2024 Council Agenda Packet Page 6 of 138 01-16-2024 Council Agenda Packet Page 7 of 138 01-16-2024 Council Agenda Packet Page 8 of 138 01-16-2024 Council Agenda Packet Page 9 of 138 CHECKS: 59523-59552 VOIDED CHECKS: DEPARTMENT/FUND AMOUNT General Fund 001 $154,885.33 Rainy Day Fund 002 $0.00 Street Fund 101 $854.04 Community Dev Grants Funds 102 $0.00 Affordable Housing Tax Fund 103 $0.00 Housing & Related Services Fund 104 $0.00 Transportation Benefit District Fund 105 $0.00 SWAT Fund 107 $15,158.14 Library Fund 112 $0.00 Hotel/Motel Tax Fund 113 $0.00 Drug Fund 114 $250.00 Criminal Justice Fund 116 $0.00 Events Board Fund 117 $205.83 Bond Redemption Fund 202 $0.00 Street Improvements Fund 301 $0.00 Capital Improvements Fund 314 $0.00 Stormwater Fund 401 $150.71 Equipment R&R Fund 501 $0.00 Cafeteria Plan 634 $0.00 Custodial Activities 635 $396.00 Grand Total All Funds $171,900.05 CITY OF EAST WENATCHEE CHECK REGISTER January 16, 2024 Account Payables 01-16-2024 Council Agenda Packet Page 10 of 138 Fund Number Description Amount 001 General Fund $154,885.33 101 Street Fund $854.04 107 SWAT Fund $15,158.14 114 Drug Fund $250.00 117 Events Board Fund $205.83 401 Stormwater Fund $150.71 635 Custodial Activities Fund $396.00 Count: 7 $171,900.05 Fund Transaction Summary Transaction Type: Invoice Fiscal: 2024 - January 2024 - January 2024 2nd Council Printed by COEW\DSanchez on 1/10/2024 1:17:23 PM Page 1 of 1 East Wenatchee - Fund Transaction Summary 01-16-2024 Council Agenda Packet Page 11 of 138 Vendor Number Reference Account Number Description Amount Assocation of Washington Cities 59524 2024 - January 2024 - January 2024 2nd Council 12125 2024 AWC City Membership 001-000-110-511-60-41-20 AWC Annual Membership Fee $11,290.00 Total 12125 $11,290.00 Total 59524 $11,290.00 Total Assocation of Washington Cities $11,290.00 AUCA Western First Aid & Safety Lockbox 59525 2024 - January 2024 - January 2024 2nd Council GEG3-003725 Supplies 001-000-140-514-20-31-01 Central Stores $134.84 Total GEG3-003725 $134.84 Total 59525 $134.84 Total AUCA Western First Aid & Safety Lockbox $134.84 Cdw Government, Inc 59526 2024 - January 2024 - January 2024 2nd Council NQ27962 001-000-145-514-20-30-02 Non-Capital - PC Hardware Admin $186.82 Total NQ27962 $186.82 Total 59526 $186.82 Total Cdw Government, Inc $186.82 Chelan County Sheriff's Office 59527 2024 - January 2024 - January 2024 2nd Council Invoice - 1/5/2024 12:36:29 PM Vests 001-000-210-521-10-35-00 Small Tools & Equipment $1,413.15 Total Invoice - 1/5/2024 12:36:29 PM $1,413.15 Total 59527 $1,413.15 Total Chelan County Sheriff's Office $1,413.15 Voucher Directory Fiscal: : 2024 - January 2024 Council Date: : All Printed by COEW\DSanchez on 1/10/2024 1:16:30 PM Page 1 of 8 East Wenatchee - Voucher Directory 01-16-2024 Council Agenda Packet Page 12 of 138 Vendor Number Reference Account Number Description Amount Chelan County Treasurer 59528 2024 - January 2024 - January 2024 2nd Council 150001-01949 01/2024 inmates 001-000-230-523-21-10-00 Housing & Monitoring Prisoners $80,402.73 Total 150001-01949 $80,402.73 Total 59528 $80,402.73 Total Chelan County Treasurer $80,402.73 Criticial Insight 59529 2024 - January 2024 - January 2024 2nd Council 2023-13235 001-000-145-514-20-41-00 Professional Services $21,360.96 Total 2023-13235 $21,360.96 Total 59529 $21,360.96 Total Criticial Insight $21,360.96 DMCJA c/o Judge Jeffrey D. Goodwin 59530 2024 - January 2024 - January 2024 2nd Council 00031 2024 Annual Dues 001-000-120-512-51-40-00 Training $600.00 Total 00031 $600.00 Total 59530 $600.00 Total DMCJA c/o Judge Jeffrey D. Goodwin $600.00 Douglas County Auditor-Recording 59531 2024 - January 2024 - January 2024 2nd Council 117612 Recording 001-000-140-514-20-40-01 Records Services $311.50 Total 117612 $311.50 Total 59531 $311.50 Total Douglas County Auditor-Recording $311.50 FileOnQ 59532 2024 - January 2024 - January 2024 2nd Council 11634 01/2024 subscription 001-000-145-514-20-40-20 Annual License - Spillman, NetMotion & Ragnasoft $571.27 Total 11634 $571.27 Total 59532 $571.27 Total FileOnQ $571.27 Printed by COEW\DSanchez on 1/10/2024 1:16:30 PM Page 2 of 8 East Wenatchee - Voucher Directory 01-16-2024 Council Agenda Packet Page 13 of 138 Vendor Number Reference Account Number Description Amount Graybeal Signs, Inc 59533 2024 - January 2024 - January 2024 2nd Council 43224 Plaques 001-000-110-511-60-31-00 Office Supplies $73.92 Total 43224 $73.92 Total 59533 $73.92 Total Graybeal Signs, Inc $73.92 iSpyFire, Inc. 59534 2024 - January 2024 - January 2024 2nd Council 3347 Subscription 001-000-210-521-10-41-00 Professional Services $1,410.50 Total 3347 $1,410.50 Total 59534 $1,410.50 Total iSpyFire, Inc.$1,410.50 James Brandon Johnson 59535 2024 - January 2024 - January 2024 2nd Council Invoice - 1/5/2024 12:35:06 PM 2024 Clothing Allowance Reimbursement 001-000-210-521-10-20-01 Clothing Allowance $700.00 Total Invoice - 1/5/2024 12:35:06 PM $700.00 Total 59535 $700.00 Total James Brandon Johnson $700.00 Josh Delay 59523 2024 - January 2024 - January 2024 2nd Council Invoice - 1/3/2024 9:01:10 AM Undercover Work / Chief 114-000-000-566-00-49-00 Miscellaneous $250.00 Total Invoice - 1/3/2024 9:01:10 AM $250.00 Total 59523 $250.00 Total Josh Delay $250.00 KnowB4 Inc. 59536 2024 - January 2024 - January 2024 2nd Council INV287905 Subscription 001-000-145-514-20-30-01 Non-Capital - PC Software Admin $268.78 Total INV287905 $268.78 Total 59536 $268.78 Total KnowB4 Inc.$268.78 Printed by COEW\DSanchez on 1/10/2024 1:16:30 PM Page 3 of 8 East Wenatchee - Voucher Directory 01-16-2024 Council Agenda Packet Page 14 of 138 Vendor Number Reference Account Number Description Amount Laserfiche 59537 2024 - January 2024 - January 2024 2nd Council EMP24-0162-0793-0862 Laser Fiche registration 001-000-140-514-20-40-00 Training $232.67 Total EMP24-0162-0793-0862 $232.67 Total 59537 $232.67 Total Laserfiche $232.67 Lenco Armored Vehicles 59538 2024 - January 2024 - January 2024 2nd Council 92965 Freight out behicles 107-000-000-594-21-60-00 Capital Outlay - BearCat $14,783.20 Total 92965 $14,783.20 Total 59538 $14,783.20 Total Lenco Armored Vehicles $14,783.20 Lexipol, LLC 59539 2024 - January 2024 - January 2024 2nd Council INVPRA121645 2024 localgovu 001-000-145-514-20-40-21 Annual License - HR Software $1,299.48 Total INVPRA121645 $1,299.48 Total 59539 $1,299.48 Total Lexipol, LLC $1,299.48 Moon Security 59540 2024 - January 2024 - January 2024 2nd Council 1220445 01/2024 monitoring 001-000-210-521-10-41-00 Professional Services $47.78 Total 1220445 $47.78 1221578 01/2024 security 001-000-210-521-10-41-00 Professional Services $83.94 Total 1221578 $83.94 Total 59540 $131.72 Total Moon Security $131.72 Printed by COEW\DSanchez on 1/10/2024 1:16:30 PM Page 4 of 8 East Wenatchee - Voucher Directory 01-16-2024 Council Agenda Packet Page 15 of 138 Vendor Number Reference Account Number Description Amount One Stop Package Drop, LLC 59541 2024 - January 2024 - January 2024 2nd Council 81 Postage 001-000-210-521-10-42-03 Postage $39.20 Total 81 $39.20 Total 59541 $39.20 Total One Stop Package Drop, LLC $39.20 OneBridge Benefits 59542 2024 - January 2024 - January 2024 2nd Council INV-2368 01/2024 admin fees 001-000-142-514-20-40-01 FSA Administrative Fee $150.00 Total INV-2368 $150.00 Total 59542 $150.00 Total OneBridge Benefits $150.00 Our Valley, Our Future 59543 2024 - January 2024 - January 2024 2nd Council 20199 OVOF Contributions 2024 001-000-001-558-70-40-00 Contributions - Region $25,000.00 Total 20199 $25,000.00 Total 59543 $25,000.00 Total Our Valley, Our Future $25,000.00 Pagefreezer 59544 2024 - January 2024 - January 2024 2nd Council INV-15293 Public Records 001-000-145-514-20-40-51 Annual License - Electronic Archive (Smarsh & Archive Social) $3,588.00 Total INV-15293 $3,588.00 Total 59544 $3,588.00 Total Pagefreezer $3,588.00 Randy's Auto Parts & Towing 59545 2024 - January 2024 - January 2024 2nd Council 19145 001-000-210-521-10-41-00 Professional Services $194.94 Total 19145 $194.94 Total 59545 $194.94 Total Randy's Auto Parts & Towing $194.94 Printed by COEW\DSanchez on 1/10/2024 1:16:30 PM Page 5 of 8 East Wenatchee - Voucher Directory 01-16-2024 Council Agenda Packet Page 16 of 138 Vendor Number Reference Account Number Description Amount SymbolArts LLC 59546 2024 - January 2024 - January 2024 2nd Council 0482185 SWAT pin 107-000-000-521-10-30-00 Supplies & Equipment $374.94 Total 0482185 $374.94 Total 59546 $374.94 Total SymbolArts LLC $374.94 Tammy M Patterson 59547 2024 - January 2024 - January 2024 2nd Council 00032 01/2024 civil services 001-000-160-521-10-10-00 Salaries $425.00 Total 00032 $425.00 Total 59547 $425.00 Total Tammy M Patterson $425.00 The Print Guys Inc. 59548 2024 - January 2024 - January 2024 2nd Council 162405 New council members cards 001-000-110-511-60-31-00 Office Supplies $206.64 Total 162405 $206.64 Total 59548 $206.64 Total The Print Guys Inc.$206.64 Trask Insurance 59549 2024 - January 2024 - January 2024 2nd Council 642670 001-000-110-511-60-46-00 Insurance $150.71 001-000-111-513-10-40-05 Insurance $150.71 001-000-120-512-51-40-02 Insurance $251.19 001-000-139-518-10-40-04 Insurance $50.24 001-000-140-514-20-46-00 Insurance $125.59 001-000-142-514-20-46-00 Insurance $200.95 001-000-145-514-20-45-00 Insurance $50.24 001-000-151-515-31-46-00 Insurance $251.19 001-000-160-521-10-46-00 Insurance $100.48 001-000-180-518-30-46-00 Insurance $879.16 001-000-210-521-10-46-00 Insurance $1,055.02 001-000-315-542-10-46-00 Insurance $200.95 001-000-580-558-60-46-00 Insurance $200.95 001-000-590-558-50-46-00 Insurance $175.83 101-000-430-543-30-46-00 Insurance $854.04 117-000-105-557-30-40-00 Insurance $175.83 Printed by COEW\DSanchez on 1/10/2024 1:16:30 PM Page 6 of 8 East Wenatchee - Voucher Directory 01-16-2024 Council Agenda Packet Page 17 of 138 Vendor Number Reference Account Number Description Amount 401-000-001-531-00-40-02 Insurance $150.71 Total 642670 $5,023.79 Total 59549 $5,023.79 Total Trask Insurance $5,023.79 USRI Attn: Event Scheduler 59550 2024 - January 2024 - January 2024 2nd Council Invoice - 1/5/2024 12:54:46 PM Advertising 117-000-300-557-30-44-12 CC - Advertising $20.00 117-000-621-557-30-40-02 Havana Nights Advertising $10.00 Total Invoice - 1/5/2024 12:54:46 PM $30.00 Total 59550 $30.00 Total USRI Attn: Event Scheduler $30.00 Washington State Department of Licensing 59551 2024 - January 2024 - January 2024 2nd Council Invoice - 1/10/2024 12:50:01 PM CPL'S 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003285 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003282 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003300 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003278 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003294 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003298 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003290 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003301 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003279 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003299 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003289 Printed by COEW\DSanchez on 1/10/2024 1:16:30 PM Page 7 of 8 East Wenatchee - Voucher Directory 01-16-2024 Council Agenda Packet Page 18 of 138 Vendor Number Reference Account Number Description Amount 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003283 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003284 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003297 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003286 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003292 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003302 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003303 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003280 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003296 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003295 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003291 Total Invoice - 1/10/2024 12:50:01 PM $396.00 Total 59551 $396.00 Total Washington State Department of Licensing $396.00 Wenatchee Valley Chamber 59552 2024 - January 2024 - January 2024 2nd Council 100160 Brand Visibility Membership 001-000-001-558-70-41-07 Wenatchee Valley Chamber of Commerce $1,050.00 Total 100160 $1,050.00 Total 59552 $1,050.00 Total Wenatchee Valley Chamber $1,050.00 Grand Total Vendor Count 30 $171,900.05 Printed by COEW\DSanchez on 1/10/2024 1:16:30 PM Page 8 of 8 East Wenatchee - Voucher Directory 01-16-2024 Council Agenda Packet Page 19 of 138 01-16-2024 Council Agenda Packet Page 20 of 138 01-16-2024 Council Agenda Packet Page 21 of 138 01-16-2024 Council Agenda Packet Page 22 of 138 01-16-2024 Council Agenda Packet Page 23 of 138 01-16-2024 Council Agenda Packet Page 24 of 138 01-16-2024 Council Agenda Packet Page 25 of 138 01-16-2024 Council Agenda Packet Page 26 of 138 01-16-2024 Council Agenda Packet Page 27 of 138 01-16-2024 Council Agenda Packet Page 28 of 138 01-16-2024 Council Agenda Packet Page 29 of 138 01-16-2024 Council Agenda Packet Page 30 of 138 01-16-2024 Council Agenda Packet Page 31 of 138 01-16-2024 Council Agenda Packet Page 32 of 138 01-16-2024 Council Agenda Packet Page 33 of 138 01-16-2024 Council Agenda Packet Page 34 of 138 01-16-2024 Council Agenda Packet Page 35 of 138 01-16-2024 Council Agenda Packet Page 36 of 138 01-16-2024 Council Agenda Packet Page 37 of 138 01-16-2024 Council Agenda Packet Page 38 of 138 01-16-2024 Council Agenda Packet Page 39 of 138 01-16-2024 Council Agenda Packet Page 40 of 138 01-16-2024 Council Agenda Packet Page 41 of 138 01-16-2024 Council Agenda Packet Page 42 of 138 01-16-2024 Council Agenda Packet Page 43 of 138 01-16-2024 Council Agenda Packet Page 44 of 138 01-16-2024 Council Agenda Packet Page 45 of 138 01-16-2024 Council Agenda Packet Page 46 of 138 01-16-2024 Council Agenda Packet Page 47 of 138 01-16-2024 Council Agenda Packet Page 48 of 138 01-16-2024 Council Agenda Packet Page 49 of 138 01-16-2024 Council Agenda Packet Page 50 of 138 01-16-2024 Council Agenda Packet Page 51 of 138 01-16-2024 Council Agenda Packet Page 52 of 138 01-16-2024 Council Agenda Packet Page 53 of 138 01-16-2024 Council Agenda Packet Page 54 of 138 01-16-2024 Council Agenda Packet Page 55 of 138 01-16-2024 Council Agenda Packet Page 56 of 138 01-16-2024 Council Agenda Packet Page 57 of 138 01-16-2024 Council Agenda Packet Page 58 of 138 01-16-2024 Council Agenda Packet Page 59 of 138 01-16-2024 Council Agenda Packet Page 60 of 138 01-16-2024 Council Agenda Packet Page 61 of 138 01-16-2024 Council Agenda Packet Page 62 of 138 01-16-2024 Council Agenda Packet Page 63 of 138 01-16-2024 Council Agenda Packet Page 64 of 138 01-16-2024 Council Agenda Packet Page 65 of 138 01-16-2024 Council Agenda Packet Page 66 of 138 01-16-2024 Council Agenda Packet Page 67 of 138 01-16-2024 Council Agenda Packet Page 68 of 138 CITY COUNCIL REGULAR MEETING Tuesday, January 02, 2024 Zoom and City Hall, 271 9th St NE, East Wenatchee, WA 1.CALL TO ORDER Mayor Crawford called the East Wenatchee City Council meeting to order at 6:01 p.m. 2.PLEDGE OF ALLEGIANCE Councilmember Botello led the Pledge of Allegiance. 3.ROLL CALL Councilmembers Present: Councilmembers Absent: Mayor Crawford Councilmember Sasha Sleiman Councilmember Mark Botello Councilmember Ken Arnold Councilmember Rob Tidd Councilmember Shayne Magdoff Councilmember Christine Johnson Councilmember Mathew Hepner Motion by Councilmember Tidd to excuse Councilmember Sleiman from the meeting. Councilmember Johnson seconded the motion. Motion passed unanimously. 4.CONSENT AGENDA a.Approval of Voucher Report, Checks: 59438-59520, in the amount of $1,012,806.96. Motion by Councilmember Johnson to approve consent items as presented. Councilmember Tidd seconded the motion. Motion passed unanimously. 5.CITIZEN COMMENTS None provided. 6.DEPARTMENT REPORTS a.Events Director/PIO Trina Elmes reported on the 2023 Wings ’N Wishes and Santa’s Ride Around Town events that took place in December. 7.ACTION ITEMS a.Public Works Manager Garren Melton presented Resolution 2024-01, North Baker Ave Emergency Repair Public Works Board Loan/Grant; Project Number 2023-10. Comments by Councilmember Hepner, Councilmember Arnold, Councilmember Magdoff, and Councilmember Botello. Motion by Councilmember Tidd to approve Resolution 2024-01, authorizing Mayor Crawford to enter into an agreement with the Public Works Board authorizing loan 01-16-2024 Council Agenda Packet Page 69 of 138 and grant funds to the City of East Wenatchee for emergency stormwater repairs on North Baker Avenue. Councilmember Hepner seconded the motion. Motion passed unanimously. b.Public Works Manager Garren Melton presented Resolution 2024-02, Transportation Improvement Board (TIB) Fuel Tax Agreement: 5th Street NE Safety and Multimodal Improvements. Comments by Councilmember Magdoff, Councilmember Johnson, and Councilmember Arnold. Motion by Councilmember Magdoff to approve Resolution 2024-02, authorizing Mayor Crawford to execute the Transportation Improvement Board Fuel Tax Agreement awarding up to $2,500,000.00 for the safety and multimodal improvements on 5th Street NE from North Baker Ave to North Kentucky Ave. Councilmember Johnson seconded the motion. Motion passed unanimously. 8.MAYOR’S REPORT a.Mayor Crawford announced she would accept nominations for Mayor Pro Tempore for the 2024 fiscal year. Motion by Councilmember Tidd to elect Councilmember Sleiman as Mayor Pro Tempore for the 2024 fiscal year. Councilmember Hepner seconded the motion. Motion passed unanimously. b.Committee assignments for the 2024 Fiscal year were presented by Mayor Crawford. Motion by Councilmember Tidd to approve the City of East Wenatchee Board Committee Assignments as presented. Councilmember Johnson seconded the motion. Motion passed unanimously. c.Mayor Crawford reported the need to change the meeting time for Council Workshop Sessions and indicated that based on workload for the year there was no need for Council to meet for monthly Workshop Sessions. Comments by all Councilmembers present. Councilmember Magdoff moved to change the scheduled January Workshop to Thursday, January 18, 2024. Councilmember Hepner seconded the motion. Councilmember Magdoff made an amendment to the motion and moved to reschedule all Workshop Sessions for the 2024 fiscal year to the third Thursdays of the month, every other month, at 5:00pm or as needed. Councilmember Hepner seconded the motion. Motion passed unanimously. Councilmember Magdoff agreed to continue as the Workshop Facilitator for the 2024 fiscal year. 01-16-2024 Council Agenda Packet Page 70 of 138 9.COUNCIL REPORTS & ANNOUNCEMENTS a.Councilmember Hepner announced the Washington State Legislative session would begin on Monday, January 8, 2024. 10.ADJOURNMENT With no further business, the meeting adjourned at 6:43 p.m. Jerrilea Crawford, Mayor Attest: Anna Laura Leon, City Clerk 01-16-2024 Council Agenda Packet Page 71 of 138 CITY OF EAST WENATCHEE COMMUNITY DEVELOPMENT DEPARTMENT 271 9th Street NE * East Wenatchee, WA 98802 Phone 509.884.5396 * Fax 509.884.6233 MEMORANDUM To: Mayor and City Council From: Curtis Lillquist, AICP - Director Date: January 10, 2023 Subject: Community Development Department Annual Report for 2023 This memo includes activity from both the planning and building divisions of the Community Development Department. Planning Division: Planning Staff processed o 2 short plats in process. 1 short plat completed. o 3 boundary line adjustments. o 1 Comprehensive plan amendment/rezone application from Low Residential to High Residential. Application denied o 1 Comprehensive plan amendment to adopt map amendments approved by the County in the unincorporated portion of the urban growth area. o 3 Home Occupation permits. o 14 pre-application conferences. Code enforcement activities. Accessory dwelling unit pre-approved plan program – in process Amend accessory dwelling unit and pool fencing codes – in process. 2050 Population Allocation for Douglas County and Cities/Towns. Code/program development for Multi-family Tax Exemption program – Completed. Staff regularly attends meetings of the Homeless Housing Task Force, the Homeless Advisory Committee, the Chelan Douglas Transportation Council Technical Advisory Committee, Our Valley Our Future, and the Douglas County Community Leadership Advisory Committee. Building Division: East Wenatchee Building Permit Activity 2012 through 2023: This large sheet shows information for all permit activity in table and chart-based format. The table at the top shows data for building permits by year and lists: The number of residential building permits issued by type of structure, multi-family is a building or buildings with more than two dwelling units. The total number of dwelling units created, The total number of all permits issued, The estimated revenue from permit issuance and plan review, and The estimated value of the construction for all permits. There are 3 charts that graphically illustrate specific building permit data: Chart 1 - Residential Building Permits – The total number of building permits issued per year by type of structure. 01-16-2024 Council Agenda Packet Page 72 of 138 City Council Memo Annual Report 2023 Page 2 of 2 Chart 2 – Construction Value in Millions – All Permits – The estimated value of all building permits that were issued. Chart 3 - Total Permits (All Types) – The total number of all permits issued during the year (i.e. residential, commercial, signs, demolition, plumbing, and mechanical etc.) The total number of permits increased by 54% in 2023. The permit revenue stayed elevated ($194,623) and building value (24,035,695) in 2023 due primarily to the CVCH Behavioral Health building, Fred Meyer, and a 36 unit complex. Residential Very few single-family permits have been issued over the past nine years. There are fewer vacant lots available. Multifamily residential permit activity peaked in 2015 with the Rylee Ann multi-family complex. In 2018 and 2019 there were 3 multi-family projects on 11th Street with a total of 18 new units. In 2020, a permit was issued for the first of 5 buildings that will have 10 apartments in each for a total of 50 units. In 2022 permits for the 3rd and 4th 10- unit buildings were issued. 2023 saw the last of the 10-unit townhome building and a 36 unit complex permits issued. Commercial Permits for remodels and new commercial structures have been fairly strong. Major commercial permits issued over the past few years are listed below: 2012 Fred Meyer, McDonalds, Sterling and Eastmont High Schools 2015 Rylee Ann Apartments, Bobs Burger and Brew 2017 Fairfield Inn (99 room hotel), Grocery Outlet, and Pet Smart. 2018 Auto Zone, Douglas County Law & Justice, and Wenatchee Golf & Country Club 2020 Elementary school additions and remodels for: Kenroy, Lee, and Grant 2021 NW WA Electrical Industry JATC, Clinic – 201 VMP 2022 CVCH Clinic, Public Works Maintenance, Police Station, 2023 CVCH Behavioral Health Clinic, Fred Meyer, People’s Bank, 6th St – 36 unit complex 01-16-2024 Council Agenda Packet Page 73 of 138 East Wenatchee Building Permit Activity 2012 through 12/31/20232012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 20232012-2023Total2012-2023AnnualAverageNumber of Permits by TypeSingle-Family811153481451514.3Single-Family-Attached31150.4Manufactured Home 11133113141.2Duplex111111 60.5Multi-family162121128242.0Total Dwelling Units9 11 7 8926 7 22141518244929124.32012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 20232012-2023Total2012-2023AnnualAverageTotal Permits (All Types)98 111 8692 103 109 110 99868771 1091,161 97Estimated Revenue170,249$ 105,575$ 49,010$ 113,945$ 84,123$ 119,987$ 92,768$ 62,883$ 118,005$ 93,170$ 192,931$ 194,623$ 1,397,269$ 116,439$ 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 20232012-2023Total2012-2023AnnualAverageEstimated Building Value41,749,405$ 9,610,130$ 3,193,704$ 11,720,280$ 5,345,654$ 13,176,792$ 7,890,847$ 4,719,651$ 14,963,201$ 9,519,020$ 39,794,563$ 24,035,695$ 185,718,942$ 15,476,579$ Demolitions-1-2-4-2-2-4-5Major Permits2012Fred Meyer, McDonalds, Sterling and Eastmont High Schools2015Rylee Ann Apartments, Bobs Burgers and Brew2017Fairfield Inn 99 Room Hotel2018Auto Zone, DC Law & Justice, Wenatchee Golf and Country Club2020Kenroy ElementaryLee ElementaryGrant Elementary10 Unit Apartment Bldg2021NW WA Elect Industry JATCClinic - 201 VMP10 Unit Apartment Bldg2022CVCH Clinic, Public Works Maint, Police Station2023CVCH Behavioral Health Clinic, Fred Meyer, 36 Unit Apartment ComplexPeople's Bank0246810122012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023Permits IssuedYearChart 1 - Residential Building Permits - Total by TypeSingle-FamilySingle-Family-AttachedManufactured HomeDuplexMulti-family $- $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 $35,000,000 $40,000,000 $45,000,0002012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023ValueYearChart 3 - Value in Millions - All Permits981118692103109110998687711090204060801001202012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023Number of PermitsYearChart 4 - Total Permits Issued (All Types)01-16-2024 Council Agenda Packet Page 74 of 138 East Wenatchee Council Agenda Bill To: Mayor Crawford and Council From/Presenter : Garren Melton, Public Works Manager Subject: Resolution 2024-03 – Grant Road Preservation Construction Contract Award, City Project Number 2022-06 Date: January 16, 2024 I.Summary Title: A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute a contract between the City of East Wenatchee and Central Washington Asphalt for the Grant Road Preservation project. II.Background/History: The City of East Wenatchee received funding to overlay a portion of Grant Road from N Georgia Ave to N Kentucky Ave. The project will also upgrade several non- compliant ADA ramps along the corridor. Construction is currently planned to begin in May after Apple Blossom and Classy Chassis. This delayed start is to allow completion of the first phase of the Grant Road preservation projects, which installed a concrete intersection at Eastmont Ave in Fall 2023 and will grind and overlay Grant Road f rom Valley Mall Parkway to N Georgia Ave in early Spring, 2024 . The East Wenatchee Water District will also replace service connections within the preservation area to prevent water leaks under the new pavement. The project is estimated to take approximately eight weeks to complete. The City advertised the project and conducted a public bid opening on December 19, 2023. Four bids were received: Contractor: Bid Price Engineers Estimate $1,761,507.00 Central Washington Asphalt $1,523,000.00 Central Paving $1,651,336.72 Granite Construction $1,590,066.40 Midway Underground $1,946,789 City of 01-16-2024 Council Agenda Packet Page 75 of 138 The low bid received was from Central Washington Asphalt with a total project cost of $1,523,000.00, which was approximately 13.5% below the engineers estimate. The City’s federal grant funds will pay 100% of costs associated with this project. The City was awarded $1,761,530.00 f or construction of this project. III. Recommended Action: Approve Resolution 2024-03 authorizing the Mayor to execute a contract between the City of East Wenatchee and Central Washington Asphalt for the Grant Road Preservation project in the amount of $1,523,000.00. IV. Exhibits: 1. Recommendation of Award 2. Resolution 2024-03 Financial Data Expenditure Required Amount Budgeted Appropriation Required $1,523,000 $1,925,000 No 01-16-2024 Council Agenda Packet Page 76 of 138 RH2 ENGINEERING East Wenatchee 300 Simon Street SE, Suite 5 East Wenatchee, WA 98802 1.800.720.8052 / rh2.com 01/02/24 10:19 PM J:\DATA\EW\22-0069\50 SDB\WINTER 2023 BIDDING\20240102-LTR-GMELTON-RECOFAWARD.DOCX WASHINGTON LOCATIONS Bellingham Bothell (Corporate) East Wenatchee Issaquah Richland Tacoma OREGON LOCATIONS Medford Portland IDAHO LOCATIONS Nampa January 2, 2024 Mr. Garren Melton City of East Wenatchee 271 9th Street NE East Wenatchee, WA 98802 Sent via: Email Subject: Evaluation of Bids and Recommendation of Award Grant Road Preservation NHFP-5908(010), City project No. 2021-06 Federal Contract #TA-7269 Dear Mr. Melton: This letter summarizes RH2 Engineering, Inc.’s (RH2) review of the four (4) bids received for the Grant Road Preservation Project and presents a recommendation for award. The City received four proposals at the time of the bid opening at 11:00 AM on Tuesday, December 19, 2023. Central Washington Asphalt of Moses Lake, WA was the apparent low bidder at $1,523,000.00. This bid was approximately 13% under the Engineer’s estimate. We find the apparent low bidder to be qualified to perform the work. Contingent on City and WSDOT approval, RH2 recommends award of the project to Central Washington Asphalt. If you have any questions, please call me at (509) 679-4002 or via email at dpetit@rh2.com. Thank you for the opportunity to assist you with this project. Sincerely, Devon Petit, P.E Project Manager DP/aa Enclosure: Bid Tab – one (1) copy Signed: 1/2/24 Exhibit A 01-16-2024 Council Agenda Packet Page 77 of 138 City of East Wenatchee FED AID PROJECT #NHFP-5908(010) Grant Road Preservation Apparent Low Other Bidders Other Bidders Other Bidders Bid Tabs FED AID CONTRACT #TA-7269 Item No.Description Total Quantity Unit Unit Price Extended Unit Price Extended Unit Price Extended Unit Price Extended Unit Price Extended 1 MOBILIZATION 1 L.S. $ 161,000.00 $ 161,000.00 $ 105,000.00 $ 105,000.00 157,100.00$ 157,100.00$ 110,000.00$ 110,000.00$ 170,000.00$ 170,000.00$ 2 REMOVALS OF STRUCTURES AND OBSTRUCTIONS 1 L.S. $ 23,200.00 $ 23,200.00 $ 85,239.22 $ 85,239.22 130,000.00$ 130,000.00$ 50,000.00$ 50,000.00$ 120,000.00$ 120,000.00$ 3 PLANING BITUMINOUS PAVEMENT 29400 S.Y. $ 6.00 $ 176,400.00 $ 3.70 $ 108,780.00 2.50$ 73,500.00$ 3.75$ 110,250.00$ 4.00$ 117,600.00$ 4 PAVEMENT REPAIR EXCAVATION INCL. HAUL 900 S.Y. $ 25.00 $ 22,500.00 $ 21.00 $ 18,900.00 6.85$ 6,165.00$ 19.50$ 17,550.00$ 32.00$ 28,800.00$ 5 CORRUGATED POLYETHYLENE STORM SEWER PIPE 8" DIAM.15 L.F. $ 80.00 $ 1,200.00 $ 210.00 $ 3,150.00 215.00$ 3,225.00$ 231.00$ 3,465.00$ 300.00$ 4,500.00$ 6 CATCH BASIN TYPE 1 1 EA. $ 3,000.00 $ 3,000.00 $ 4,300.00 $ 4,300.00 3,500.00$ 3,500.00$ 4,730.00$ 4,730.00$ 2,500.00$ 2,500.00$ 7 RECTANGULAR FRAME AND GRATE 2 EA. $ 200.00 $ 400.00 $ 700.00 $ 1,400.00 700.00$ 1,400.00$ 990.00$ 1,980.00$ 900.00$ 1,800.00$ 8 COMBINATION INLET 2 EA. $ 400.00 $ 800.00 $ 6,200.00 $ 12,400.00 700.00$ 1,400.00$ 1,320.00$ 2,640.00$ 3,200.00$ 6,400.00$ 9 CRUSHED SURFACING BASE COURSE 370 TON $ 80.00 $ 29,600.00 $ 59.00 $ 21,830.00 90.00$ 33,300.00$ 81.50$ 30,155.00$ 60.00$ 22,200.00$ 10 CRUSHED SURFACING TOP COURSE 160 TON $ 100.00 $ 16,000.00 $ 140.00 $ 22,400.00 23.00$ 3,680.00$ 217.00$ 34,720.00$ 65.00$ 10,400.00$ 11 HMA CL. 3/8" PG 64H-28 3560 TON $ 150.00 $ 534,000.00 $ 130.00 $ 462,800.00 124.00$ 441,440.00$ 137.00$ 487,720.00$ 144.00$ 512,640.00$ 12 HMA FOR PAVEMENT REPAIR CL 3/8" PG 64H-28 260 TON $ 300.00 $ 78,000.00 $ 185.00 $ 48,100.00 163.00$ 42,380.00$ 174.00$ 45,240.00$ 200.00$ 52,000.00$ 13 COMMERCIAL HMA 190 TON $ 500.00 $ 95,000.00 $ 225.00 $ 42,750.00 290.00$ 55,100.00$ 269.00$ 51,110.00$ 260.00$ 49,400.00$ 14 PERMEABLE BALLAST 15 TON $ 500.00 $ 7,500.00 $ 135.00 $ 2,025.00 270.00$ 4,050.00$ 440.00$ 6,600.00$ 320.00$ 4,800.00$ 15 EROSION/WATER POLLUTION CONTROL 6000 DOL $ 1.00 $ 6,000.00 $ 1.00 $ 6,000.00 1.00$ 6,000.00$ 1.00$ 6,000.00$ 1.00$ 6,000.00$ 16 INLET PROTECTION 22 EA. $ 150.00 $ 3,300.00 $ 76.00 $ 1,672.00 200.00$ 4,400.00$ 100.00$ 2,200.00$ 112.00$ 2,464.00$ 17 SOD INSTALLATION 10 S.Y. $ 500.00 $ 5,000.00 $ 160.00 $ 1,600.00 97.00$ 970.00$ 200.00$ 2,000.00$ 215.00$ 2,150.00$ 18 LANDOWNER SPECIFIC ROCK 10 S.F. $ 500.00 $ 5,000.00 $ 140.00 $ 1,400.00 50.00$ 500.00$ 200.00$ 2,000.00$ 240.00$ 2,400.00$ 19 CEMENT CONC. TRAFFIC CURB AND GUTTER 1320 L.F. $ 30.00 $ 39,600.00 $ 36.00 $ 47,520.00 68.00$ 89,760.00$ 52.80$ 69,696.00$ 105.00$ 138,600.00$ 20 CEMENT CONC. PEDESTRIAN CURB 290 L.F. $ 20.00 $ 5,800.00 $ 32.00 $ 9,280.00 78.00$ 22,620.00$ 46.50$ 13,485.00$ 140.00$ 40,600.00$ 21 PAINT LINE 16484 L.F. $ 1.00 $ 16,484.00 $ 0.32 $ 5,274.88 0.30$ 4,945.20$ 0.33$ 5,439.72$ 0.40$ 6,593.60$ 22 PLASTIC LINE 124 L.F. $ 1.00 $ 124.00 $ 6.50 $ 806.00 6.00$ 744.00$ 6.60$ 818.40$ 8.00$ 992.00$ 23 PLASTIC WIDE LANE LINE 490 L.F. $ 5.00 $ 2,450.00 $ 11.75 $ 5,757.50 10.80$ 5,292.00$ 12.00$ 5,880.00$ 14.00$ 6,860.00$ 24 PLASTIC CROSSWALK LINE 1120 S.F. $ 13.00 $ 14,560.00 $ 18.50 $ 20,720.00 17.00$ 19,040.00$ 18.70$ 20,944.00$ 24.00$ 26,880.00$ 25 PLASTIC STOP LINE 420 L.F. $ 50.00 $ 21,000.00 $ 26.00 $ 10,920.00 23.80$ 9,996.00$ 26.20$ 11,004.00$ 32.00$ 13,440.00$ 26 PLASTIC TRAFFIC ARROW 18 EA. $ 750.00 $ 13,500.00 $ 350.00 $ 6,300.00 335.00$ 6,030.00$ 369.00$ 6,642.00$ 460.00$ 8,280.00$ 27 PLASTIC BICYCLE LANE SYMBOL 2 EA. $ 750.00 $ 1,500.00 $ 425.00 $ 850.00 390.00$ 780.00$ 430.00$ 860.00$ 540.00$ 1,080.00$ 28 PERMANENT SIGNING 1 L.S. $ 28,000.00 $ 28,000.00 $ 36,750.00 $ 36,750.00 33,500.00$ 33,500.00$ 36,150.00$ 36,150.00$ 40,000.00$ 40,000.00$ 29 TEMPORARY PAVEMENT MARKING - SHORT DURATION 12000 L.F. $ 0.50 $ 6,000.00 $ 0.90 $ 10,800.00 1.00$ 12,000.00$ 0.70$ 8,400.00$ 0.50$ 6,000.00$ 30 TEMPORARY MISC. PAVEMENT MARKING - SHORT DURATION 12 EA. $ 50.00 $ 600.00 $ 110.00 $ 1,320.00 300.00$ 3,600.00$ 215.00$ 2,580.00$ 450.00$ 5,400.00$ 31 TEMPORARY STOP LINE - SHORT DURATION 160 L.F. $ 1.00 $ 160.00 $ 11.00 $ 1,760.00 8.00$ 1,280.00$ 8.80$ 1,408.00$ 10.00$ 1,600.00$ 32 CONSTRUCTION SIGNS CLASS A 410 S.F. $ 100.00 $ 41,000.00 $ 27.00 $ 11,070.00 21.00$ 8,610.00$ 47.30$ 19,393.00$ 26.00$ 10,660.00$ 33 TRAFFIC CONTROL SUPERVISOR 1 L.S. $ 25,000.00 $ 25,000.00 $ 45,000.00 $ 45,000.00 50,000.00$ 50,000.00$ 37,500.00$ 37,500.00$ 53,000.00$ 53,000.00$ 34 PEDESTRIAN TRAFFIC CONTROL 1 L.S. $ 11,000.00 $ 11,000.00 $ 6,500.00 $ 6,500.00 8,500.00$ 8,500.00$ 7,350.00$ 7,350.00$ 30,000.00$ 30,000.00$ 35 FLAGGERS 200 HR $ 75.00 $ 15,000.00 $ 82.00 $ 16,400.00 76.41$ 15,282.00$ 90.00$ 18,000.00$ 60.00$ 12,000.00$ 36 OTHER TRAFFIC CONTROL LABOR 720 HR $ 75.00 $ 54,000.00 $ 85.00 $ 61,200.00 75.00$ 54,000.00$ 90.00$ 64,800.00$ 60.00$ 43,200.00$ 37 PATROL AND MAINTAIN TRAFFIC CONTROL MEASURES 40 HR $ 75.00 $ 3,000.00 $ 85.00 $ 3,400.00 81.00$ 3,240.00$ 154.00$ 6,160.00$ 110.00$ 4,400.00$ 38 CONSTRUCTION SIGNS 1 L.S. $ 10,000.00 $ 10,000.00 $ 1,750.00 $ 1,750.00 1,300.00$ 1,300.00$ 5,940.00$ 5,940.00$ 9,500.00$ 9,500.00$ 39 OTHER TEMPORARY TRAFFIC CONTROL DEVICES 1 L.S. $ 10,000.00 $ 10,000.00 $ 55,000.00 $ 55,000.00 4,500.00$ 4,500.00$ 17,500.00$ 17,500.00$ 10,000.00$ 10,000.00$ 40 SEQUENTIAL ARROW SIGN 1344 HR $ 4.00 $ 5,376.00 $ 2.10 $ 2,822.40 2.80$ 3,763.20$ 4.40$ 5,913.60$ 1.60$ 2,150.40$ 41 PORTABLE CHANGEABLE MESSAGE SIGN 3000 HR $ 4.00 $ 12,000.00 $ 5.50 $ 16,500.00 2.70$ 8,100.00$ 5.50$ 16,500.00$ 2.00$ 6,000.00$ 42 DETECTABLE WARNING SURFACE 302 S.F. $ 50.00 $ 15,100.00 $ 27.00 $ 8,154.00 75.00$ 22,650.00$ 49.50$ 14,949.00$ 100.00$ 30,200.00$ 43 CEMENT CONC. SIDEWALK 460 S.Y. $ 200.00 $ 92,000.00 $ 150.00 $ 69,000.00 175.00$ 80,500.00$ 295.00$ 135,700.00$ 120.00$ 55,200.00$ 44 LOWER VALVE BOX 38 EA. $ 250.00 $ 9,500.00 $ 245.00 $ 9,310.00 400.00$ 15,200.00$ 360.00$ 13,680.00$ 950.00$ 36,100.00$ 45 LOWER MANHOLE 23 EA. $ 500.00 $ 11,500.00 $ 245.00 $ 5,635.00 475.00$ 10,925.00$ 360.00$ 8,280.00$ 1,250.00$ 28,750.00$ 46 LOWER CATCH BASIN 2 EA. $ 500.00 $ 1,000.00 $ 245.00 $ 490.00 475.00$ 950.00$ 360.00$ 720.00$ 1,250.00$ 2,500.00$ 47 LOWER CLEANOUT 12 EA. $ 500.00 $ 6,000.00 $ 245.00 $ 2,940.00 400.00$ 4,800.00$ 360.00$ 4,320.00$ 950.00$ 11,400.00$ 48 LOWER MONUMENT CASE AND COVER 12 EA. $ 500.00 $ 6,000.00 $ 245.00 $ 2,940.00 400.00$ 4,800.00$ 360.00$ 4,320.00$ 850.00$ 10,200.00$ 49 RAISE VALVE BOX 38 EA. $ 500.00 $ 19,000.00 $ 430.00 $ 16,340.00 500.00$ 19,000.00$ 550.00$ 20,900.00$ 950.00$ 36,100.00$ 50 RAISE MANHOLE 23 EA. $ 750.00 $ 17,250.00 $ 565.00 $ 12,995.00 650.00$ 14,950.00$ 865.00$ 19,895.00$ 1,250.00$ 28,750.00$ 51 RAISE CATCH BASIN 2 EA. $ 500.00 $ 1,000.00 $ 565.00 $ 1,130.00 650.00$ 1,300.00$ 865.00$ 1,730.00$ 1,250.00$ 2,500.00$ 52 RAISE CLEANOUT 12 EA. $ 750.00 $ 9,000.00 $ 430.00 $ 5,160.00 500.00$ 6,000.00$ 550.00$ 6,600.00$ 950.00$ 11,400.00$ 53 RAISE MONUMENT CASE AND COVER 12 EA. $ 500.00 $ 6,000.00 $ 430.00 $ 5,160.00 500.00$ 6,000.00$ 605.00$ 7,260.00$ 2,100.00$ 25,200.00$ 54 SLIP RESISTENT COATING 20 S.F. $ 50.00 $ 1,000.00 $ 40.00 $ 800.00 450.00$ 9,000.00$ 150.00$ 3,000.00$ 610.00$ 12,200.00$ 55 ADA FEATURES SURVEYING 1 L.S. $ 9,000.00 $ 9,000.00 $ 7,500.00 $ 7,500.00 15,000.00$ 15,000.00$ 8,525.00$ 8,525.00$ 16,900.00$ 16,900.00$ 56 ROADWAY SURVEYING 1 L.S. $ 15,000.00 $ 15,000.00 $ 12,000.00 $ 12,000.00 8,000.00$ 8,000.00$ 15,235.00$ 15,235.00$ 10,140.00$ 10,140.00$ 57 MINOR CHANGE -1 DOL $ 1.00 $ (1.00) $ 1.00 $ (1.00)1.00$ (1.00)$ 1.00$ (1.00)$ 1.00$ (1.00)$ 58 UNKNOWN UTILITY REPAIR 25000 DOL $ 1.00 $ 25,000.00 $ 1.00 $ 25,000.00 1.00$ 25,000.00$ 1.00$ 25,000.00$ 1.00$ 25,000.00$ 59 ROADSIDE CLEANUP 10000 DOL $ 1.00 $ 10,000.00 $ 1.00 $ 10,000.00 1.00$ 10,000.00$ 1.00$ 10,000.00$ 1.00$ 10,000.00$ 60 SPCC PLAN 1 L.S. $ 5,000.00 $ 5,000.00 $ 1,000.00 $ 1,000.00 1,000.00$ 1,000.00$ 500.00$ 500.00$ 960.00$ 960.00$ Bid Total 1,762,403.00$ Bid Total 1,523,000.00$ Bid Total 1,590,066.40$ Bid Total 1,651,336.72$ Bid Total 1,946,789.00$ Engineer's Estimate Central Washington Asphalt Granite Construction Central Paving Midway Underground Exhibit A 01-16-2024 Council Agenda Packet Page 78 of 138 City of East Wenatchee Resolution 2024-03 with Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 1 of 2 City of East Wenatchee, Washington Resolution No. 2024 -03 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute a contract between the City of East Wenatchee and Central Washington Asphalt for the Grant Road Preservation project. 1. Alternate format. 1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el v endedor de la ciudad al alternateformat @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. Authority. 2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: 3. Authorization. The City Council authorizes the Mayor to execute a contract that conforms to the language set forth in Exhibit A. 4. Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution. 5. Effective date. This Resolution becomes effective immediately. Exhibit A 01-16-2024 Council Agenda Packet Page 79 of 138 City of East Wenatchee Resolution 2024-03 with Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 2 of 2 Passed by the City Council of East Wenatchee, at a regul ar meeting thereof on this _____ day of _______________, 2023. The City of East Wenatchee, Washington By ________________________ Jerrilea Crawford, Mayor Attest: ___________________________ Laura Leon, City Clerk Approved as to form only: ___________________________ Sean Lewis, City Attorney Filed with the City Clerk: __________ Passed by the City Council: __________ Effective Date: __________ Exhibit A 01-16-2024 Council Agenda Packet Page 80 of 138 City of East Wenatchee Spring 2024 Grant Road Preservation Contract Forms CF-1 11/16/2023 8:38 PM J:\Data\EW\22-0069\30 Specs\Summer 2024 Construction\10 Non Techs\18 - Contract (EW).docx C O N T R A C T THIS AGREEMENT, made and entered into this day of ____, 20___, between the CITY OF EAST WENATCHEE, a Municipal Corporation of the State of Washington, and _________________________ hereinafter called the Contractor; WITNESSETH: That in consideration of the payments, covenants, and agreements hereinafter mentioned and attached and made a part of this agreement to be made and performed by the parties hereto, the parties hereto covenant and agree as follows: 1. The contractor shall do all work and furnish all tools, materials, and equipment for CITY OFEAST WENATCHEE–Grant Road Preservationproject, in the amount of $___________________ (including applicable sales tax) in accordance with and as described in the attached plans and specifications and in full compliance with the terms, conditions, and stipulations herein set forth and attached, now referred to and by such reference incorporated herein and made a part hereof as fully for all purposes as if set forth at length, and shall perform any alterations in, or additions to, the work covered by this contract and every part thereof and any force account work which may be ordered as provided in this contract and every part thereof. The Contractor shall provide and be at the expense of all materials, labor, carriage, tools, implements and conveniences, and things of every description that may be requisite for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof, except such as mentioned in the specifications to be furnished by the City of East Wenatchee. 2. The City of East Wenatchee hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the attached plans and specifications and the terms and conditions herein contained, and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices hereto attached, at the time and in the manner and upon the conditions provided for in this contract and every part thereof. The City further agrees to employ the Contractor to perform any alterations or additions to the work covered by this contract and every part thereof and any force account work that may be ordered and to pay for the same under the terms of this contract and the attached plans and specifications. 3. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the Exhibit A 01-16-2024 Council Agenda Packet Page 81 of 138 City of East Wenatchee Spring 2024 Grant Road Preservation Contract Forms CF-2 11/16/2023 8:38 PM J:\Data\EW\22-0069\30 Specs\Summer 2024 Construction\10 Non Techs\18 - Contract (EW).docx covenants herein contained upon the part of the Contractor. 4. It is further provided that no liability shall attach to the City by reason of entering into this contract, except as expressly provided for herein. 5. Contractor agrees that he shall actively solicit the employment of minority group members. Contractor further agrees that he shall actively solicit bids for the subcontracting of goods or services from qualified minority businesses. Contractor shall furnish evidence of his compliance with these requirements of minority employment and solicitation. Contractor further agrees to consider the grant of subcontracts to said minority bidders on the basis of substantially equal proposals in the light most favorable to said minority businesses. The contractor shall be required to submit evidence of compliance with this section as part of the bid. IN WITNESS WHEREOF the said parties and each of them have caused these presents to be duly executed by its proper officers and in the proper person or persons, the day and year first above written. ATTEST:CITY OF EAST WENATCHEE A Municipal Corporation __________________________________________________ City Clerk Mayor ___________________________ Contractor By______________________________ ___________________________ Printed Name/Title Exhibit A 01-16-2024 Council Agenda Packet Page 82 of 138 CITY OF EAST WENATCHEE COUNCIL AGENDA BILL To: Mayor and Council. From/Presenter: Curtis Lillquist, AICP, Community Development Director Subject: Resolution 2024-05 considering the approval of a public participation plan for the East Wenatchee 2050 Comprehensive Plan Update process. Date: January 10, 2024 I. Summary Title: Resolution 2024-05, East Wenatchee 2050 Public Participation Plan. II. Background/History: The city is commencing a comprehensive plan review and update process which the Growth Management Act requires to be completed by June 30, 2026. The Act also requires that cities establish and broadly disseminate, a public participation plan that identifies procedures and provides for early and continuous public participation in the development and amendment of comprehensive plans and development regulations. The city has a generic public participation plan, adopted in 2010, which governs normal plan and code amendments. The plan that staff is proposing here is designed for this upcoming amendment process and is more varied in its number and methods of connecting with citizens. It also highlights the need to work to communicate with underrepresented parts of our community, which is specifically called out for in recent housing legislation. Additionally, adopting this plan is consistent with the City’s strategic plan goal to ‘increase opportunities for residents to engage with the City and ensure that City programs and services are responsive to citizen priorities’. A draft of the public participation plan was reviewed by the city council at their October 12, 2023, workshop. III.Recommended Action: Motion to approve Resolution 2024-05 adopting the East Wenatchee 2050 Public Participation Plan. 01-16-2024 Council Agenda Packet Page 83 of 138 IV. Exhibits: Resolution 2024-05 and Exhibit A – East Wenatchee 2050 Public Participation Plan Financial Data: Expenditure Required Amount Budgeted Appropriation Required $0 0 $ 0 01-16-2024 Council Agenda Packet Page 84 of 138 City of East Wenatchee Resolution No. 2024-05 with Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A- 16 Rev. 1). Page 1 of 2 City of East Wenatchee, Washington Resolution No. 2024-05 A Resolution of the City of East Wenatchee, Washington, adopting a public participation plan in accordance with the requirements of the Growth Management Act, to establish a process for involving the community in the ‘East Wenatchee 2050’ comprehensive plan update process. 1.Alternate format. 1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al alternateformat@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.Authority. 2.1. The City of East Wenatchee is a non-charter code City duly incorporated and operating under the laws of the State of Washington. 2.2. RCW 35.11.020 and RCW 35A.12.190 authorize the City of East Wenatchee (“City Council”) to organize and regulate its internal affairs. 2.3. The Washington State Growth Management Act (GMA), in RCW 36.70A.140, requires cities and counties to establish, and broadly disseminate, a public participation plan that identifies procedures and provides for early and continuous public participation in the development and amendment of comprehensive plans and development regulations. 3.Recitals. 3.1. The Growth Management Act (GMA) requires cities and counties to periodically review, update, and amend, if necessary, their comprehensive plans and development regulations. 3.2. RCW 36.70A.130(5)(c) requires that East Wenatchee shall take action to review and, if needed, revise the comprehensive plan and development regulations to ensure the plan and regulations comply with the requirements of the GMA on or before June 30, 2026. 01-16-2024 Council Agenda Packet Page 85 of 138 City of East Wenatchee Resolution No. 2024-05 with Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A- 16 Rev. 1). Page 2 of 2 THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: Section 1: Purpose. To adopt the public participation plan for the “East Wenatchee 2050” comprehensive plan update. (Exhibit A) Section 2: Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution. Section 3: Effective Date. This resolution becomes effective immediately. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this 16th day of January 2024. CITY OF EAST WENATCHEE, WASHINGTON By _________________________________ Jerrilea Crawford, Mayor ATTEST: ___________________________ Anna Laura Leon, City Clerk Approved as to form only: ___________________________ Sean Lewis, Asst. City Attorney FILED WITH THE CITY CLERK: __________ PASSED BY THE CITY COUNCIL: __________ EFFECTIVE DATE: __________ 01-16-2024 Council Agenda Packet Page 86 of 138 Page 1 PUBLIC PARTICIPATION PLAN Overview East Wenatchee must take action to review and update its comprehensive plan and development regulations by June 30, 2026. Periodic review and amendments to the Greater East Wenatchee Area Comprehensive Plan and development regulations are necessary to comply with current laws, reflect local needs, include new data, correct errors, and generally keep the plan and regulations up to date. Citizen involvement is an essential component of the review and update process. The Growth Management Act (GMA) requires that the city create and broadly disseminate a Public Participation Plan (RCW 36.70A.140) for this update to the comprehensive plan. The purpose of this plan is to provide a unified public outreach approach. This includes determining the city’s public participation goals, identifying key parties, and developing a communications approach and schedule. The goal is to provide the public with timely information, a general understanding of the amendment process, and opportunities to review and comment on amendment proposals during the process – before decisions are made. This plan also describes how the city intends to meet the requirements of early and continuous public participation during the update. Exhibit A 01-16-2024 Council Agenda Packet Page 87 of 138 Page 2 Background All members of the community are affected by how land is used in East Wenatchee. Land use planning helps guide and shape our community. There are many reasons why someone may wish to become involved with land use planning issues. Whether applying for a permit to build a home or business, testifying on a project proposed in your neighborhood or the community, or helping to develop new land use policies or regulations; citizen involvement in land use planning at all levels is important. Public involvement generally means participation by people who are not professional planners or government officials. It is the process through which the general public takes part in developing and amending local comprehensive plans and land use regulations. City staff and decision makers need comments and ideas from those who know the community best: the people who live and work here. Public involvement is a two-way process. Citizens provide information that is needed to develop and implement the comprehensive plan and at the same time receive information about planning and land use. An informed community and informed leaders create a better framework for planning. Involving the community in planning gives the citizens more of a sense of ownership in the process and fosters cooperation between citizens and their government. This sharing of information ensures that issues and concerns are openly expressed, understood, considered, and incorporated into the final product wherever possible. Historically marginalized communities The city has a special responsibility to engage historically marginalized communities, which are those who have not had as much of a voice in decision-making because of specific barriers to participation and feedback being minimized or discounted compared to other communities. Methods that the city will use to engage historically underrepresented communities in this periodic update will focus on providing a wide variety of ways to participate and collaborate with community organizations as intermediaries. As resources allow, materials may be translated into Spanish to help facilitate communication with members of our community where English is not the primary language spoken. By incorporating a more diverse range of public voices, staff can provide a richer and fuller context to elected officials as they make decisions. Objectives The City of East Wenatchee wants to hear from the community about what is important to them. To do that, we will provide multiple ways for the community to learn about and comment on the update. Exhibit A 01-16-2024 Council Agenda Packet Page 88 of 138 Page 3  Seek input on and ideas about how the city should grow over the next 25 years with a variety of tools tailored to the needs and opportunities during each phase of the update including surveys, information booths at community events, open houses and workshops.  Seek input through written and oral comments and in-person feedback at meetings from a broad range of individuals and community groups.  Solicit feedback early in the update process through a survey, and at strategic points throughout the process at open houses, information booths at community events, workshops, and open public meetings.  Provide information that is accessible, inclusive and easily understandable for a diverse audience.  Provide information to help the public understand laws and regulations that shape comprehensive planning and the update process.  Ensure elected officials and staff are aware of and understand community viewpoints and concerns that relate to the comprehensive plan update. The audience for the periodic update is anyone who lives, works, learns, visits or otherwise interacts with East Wenatchee. This audience includes residents of the City; owners and tenants of property in the City; owners, managers, employees, and customers of businesses in East Wenatchee; educators, student, and administrators of schools; officials and staff of public agencies that interact with our community. This a broad audience that adds up to thousands of people, hundreds of businesses, hundreds of organizations, and dozens of public agencies. Tools and Actions The city will use the tools and actions in this public participation program to reach and give a voice to as many of those people and organizations as possible. While outreach and engagement will focus on those who currently live, work, play or otherwise interact with East Wenatchee, city staff and leaders, and those participating in the update process, must keep in mind the needs of those who will, in the future, live work, play or otherwise interact with the city. The city will use the following public participation tools and actions to carry out the purpose and goals of the program and engage the audience. Project website The city will maintain a project website at www.eastwenatcheewa.gov. The website will be the one-stop shop for up-to-date information about the periodic update. Visitors to the website will be able to review documents and draft plan elements, sign up for the contact list, see a calendar of key dates, comment periods, and upcoming events, and submit comments. Exhibit A 01-16-2024 Council Agenda Packet Page 89 of 138 Page 4 Interested party list The city will maintain a list of people and organizations who are interested in closely following the periodic update process. The list will include names, email addresses, and mailing addresses of people and organization contacts. People can add their contact information to the list via a link on the project website and at sign-up sheets at events. Staff will also add to the list the contact information of people who submit formal comments at any point in the process. Email, comment form and mail People and organizations may submit comments throughout the update process via the online comment form on the project website, via email to the Community Development Department and by mail to East Wenatchee Community Development, Attn: East Wenatchee 2050, 271 9th St. NE, East Wenatchee WA 98802. Online Survey Staff will use a web-based survey to solicit input from a range of key parties. This is one avenue to reach populations that do not have the time or energy to attend in-person or virtual meetings. To reach historically underserved communities, staff will seek to provide the survey in Spanish in addition to English. Handouts Staff will create graphics for the project website as well as handouts and poster boards to distribute at outreach events. Handouts will be translated into Spanish. Local media The city will seek to build relationships with local journalists and news outlets to help spread the word. Social media The City’s Facebook, Instagram and Twitter accounts will be used to build awareness about the update, advertise events, and share key information such as formal comment periods. Community Events Community events happen year-round. Staff will join as many of these events as possible in order to: staff tables and kiosks, answer questions, and listen to what people have to say. Connecting people with our website and survey/comment tools will be an important part of ensuring people’s voices are brought into the process. These events will also be helpful for promoting other events like open houses, comment periods for draft documents, etc. Open Houses Open houses will be high-profile opportunities for the city to reach people and encourage comment on central aspects of the plan update. Depending on the target audience, Spanish translation services may be provided. Exhibit A 01-16-2024 Council Agenda Packet Page 90 of 138 Page 5 Targeted Focus Groups There are segments of our community whose voices have been underrepresented during community planning outreach efforts. This update process, our goal is to reach out to bring those voices into the process. Our community’s youth, Latino(LatinX) community, and senior citizens are examples of groups of people we want to hear from. Depending on the targe audience, Spanish translation serviced may be provided. Environmental review process The city will conduct an environmental review process under the State Environmental Policy Act, which includes comment periods on the scoping phase and threshold determination. Notice of Public Hearings and Decisions Notice of all public hearings and any decisions regarding the comprehensive plan update will be published under “legals” in the Wenatchee World classified section. Public notifications of all hearings will be provided at least 10 days before the date of the hearing. The notice will include the date, time, location and purpose of the hearing. All meetings and hearings are conducted in person with an online option. The link to the meeting and call-in information will be provided on all notices and agendas. To avoid duplication of effort, the City will integrate public involvement required by the State Environmental Policy Act, Chapter 43.21C RCW, into the overall public involvement process for the comprehensive plan update. Public notification of the adoption of, and any amendments to, the comprehensive plan or development regulations shall be published in the Wenatchee World normally within 5 days of the adoption and posted on the comprehensive plan update page in the city’s website. The date of publication of the notice initiates the 60-day appeal period in accordance with the provisions of the GMA in RCW 36.70A.290(2). Planning commission The East Wenatchee Planning Commission has a lead role in supporting staff through the comprehensive plan update, then considering different elements of the proposal and making a formal recommendation to the city council. The planning commission will work on the update over most of its meetings in 2024 and 2025. Public comments are taken at every planning commission meeting and several formal public hearings will be held before a recommendation is made to the council. The commission will also be provided summary reports of public comments at key points in the process. City Council The East Wenatchee City Council is the final authority on the contents of the comprehensive plan and will adopt the plan in early-2026. The council will receive briefings at key points in the update process in 2024 and 2025. Public comments are taken at every city council meeting, and one or more formal public hearings will be held before the council makes its decision. The council will also be provided with summary Exhibit A 01-16-2024 Council Agenda Packet Page 91 of 138 Page 6 reports of public comments at key points in the process. In RCW 36.70A.035(2) the GMA limits the City Council with regards to changing a proposal after it has been transmitted to them by the Planning Commission. If the Council chooses to consider a change to an amendment after the Planning Commission has concluded their public hearing and formulated a recommendation, the Council must provide an opportunity for public review and comment on the proposed change. This public review must occur at a duly advertised, public hearing held by the City Council before voting on the proposed change. Coordination with Douglas County The Growth Management Act is structured in a way that not only encourages but also requires local governments to work together to address common issues. Coordination and consistency between the City of East Wenatchee and Douglas County comprehensive plans and development regulations are required components. The city and the county participated in joint planning efforts during the initial GMA processes and in all updates since. Section C of the Douglas County Regional Policy Plan establishes a procedure for joint workshops and hearings between the city and the county to review and adopt amendments to the Greater East Wenatchee Area Plan within the urban growth area. Responses to comments The city will publish, at a few points in the process, a summary and compilation of comments received and conversations our staff has documented during public outreach events. Project Files and Records Project Files. An official project file will be kept a the East Wenatchee Community Development Department. All documents will also be available on the comprehensive plan update page. Documentation of the public participation process will be retained. The physical address for the city is: East Wenatchee City Hall 271 9th St. NE East Wenatchee, WA 98802 Recordings and Minutes of Meetings. All public meetings, except for open-format meetings, will be audio recorded. Summary minutes of all public meetings will be prepared and made available on the comprehensive plan update page at: www.eastwenatcheewa.gov. Exhibit A 01-16-2024 Council Agenda Packet Page 92 of 138 Page 7 Key Messages With the potential for a wide range of opinions about planning for the future of East Wenatchee, messaging will be critical. The primary message will be that an update to the comprehensive plan represents a rare (once every 10 years) opportunity for the public, elected officials, and experts to plan how to accommodate growth in the city in such a manner that enhances the quality of life for all in the city. Messages for All Audiences  The population of the East Wenatchee Urban Area is expected to grow by roughly 9,200 people between 2020 and 2050. The city must prepare for this growth to ensure it occurs in a way that is in line with our values, goals and quality of life for all residents.  The City of East Wenatchee is updating its comprehensive plan, a document that sets out the vision for the next 25 years (2026-2050).  The City of East Wenatchee is eager to receive input from the public to help inform the planning process.  Long range planning decisions can positively affect change in your community. Message for Elected Officials  Please encourage your constituents to provide their input to help inform planning decisions that affect the City’s future. They can find ways to participate in the process on the East Wenatchee 2050 website. Message for Community Groups  Your community will have opportunities to provide input to help inform planning decisions that affect the City’s future. East Wenatchee does not want to plan in a vacuum, and through organizations like yours we can reach the communities this plan will impact most. Legal Framework The Growth Management Act. RCW 36.70A requires local governments to establish and disseminate a public participation program for the development or amendment of its comprehensive plans and development regulations ensuring early and continuous public involvement. Several processes are listed in that section of the GMA as examples of notice provisions including posting property; publishing notices in newspapers, trade journals, agency newsletters; and sending notices to individuals or public or private groups with known interest in the proposal being considered. Exhibit A 01-16-2024 Council Agenda Packet Page 93 of 138 Page 8  RCW 36.70A establishes the overall goals of the GMA to guide the development and adoption of comprehensive plans and development regulations. Goal 11 specifically addresses public participation and states: Citizen participation and coordination. Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts.  RCW 36.70A requires the notification to the Washington State Department of Commerce (Commerce) if a county or city is proposing adoption of, or an amendment to, a comprehensive plan or development regulation. That provision requires that a notice of intent to adopt a comprehensive plan or regulation to be provided at least 60 days prior to final adoption. This provides Commerce and other state agencies with an opportunity to comment on the proposed comprehensive plan or proposed development regulations during the public review process and prior to adoption. Open Public Meetings Act. RCW 42.30 states that “All meetings of the governing body of a public agency shall be open and public and all persons shall be permitted to attend any meeting of the governing body of a public agency…” A “meeting” includes any gathering of the governing body at which action is taken. “Action” means the transaction of official business of the governing body which includes receiving testimony, discussion, deliberations, considerations, reviews, committees, councils or any other policy or rule-making body of a public agency. This definition covers planning commissions, city councils, county commissioners and advisory boards. East Wenatchee Municipal Code (EWMC). Tile 19 EWMC provides the processing timeframes, notice requirements, and general procedures for amending the comprehensive plan and development regulations. Exhibit A 01-16-2024 Council Agenda Packet Page 94 of 138 CITY OF EAST WENATCHEE AGENDA BILL To: City Council From: City Attorney Bob Siderius Date: Tuesday, January 16, 2024 Subject: Resolution 2024-08 - Agreement for Public Defender Services Summary Title: Resolution 2024-08 - A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute an Agreement between the City, the Law Offices of Tony DiTommaso, and the law firm of Kottcamp, Yedinak and Esworthy for Public Defender Services Background/History: The Law Offices of Tony DiTommaso, and the law firm of Kottcamp, Yedinak and Esworthy have both been providing public defender services to the City for many years. An agreement entered in 2022 governing the relationships of the parties had automatic renewal provisions and was set to otherwise expire on December 31, 2023. The proposed agreement provides for a term of January 1, 2024 through December 31, 2025 paying a total compensation of $14684.06 per month, split between the two firms. Recommended Action: Motion to approve Resolution 2024-08 of the City of East Wenatchee, Washington authorizing the Mayor to execute an Agreement between the City, the Law Offices of Tony DiTommaso, and the law firm of Kottcamp, Yedinak and Esworthy for Public Defender Services. 01-16-2024 Council Agenda Packet Page 95 of 138 City of East Wenatchee Resolution 2024-08 Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 1 of 2 City of East Wenatchee, Washington Resolution No. 2024-08 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute an Agreement between the City, the Law Offices of Tony DiTommaso, and the law firm of Kottcamp, Yedinak and Esworthy for Public Defender Services. 1. Alternate format. 1.1. Para leer este documento en un formato alternativo (español, Braille, leer en voz alta, etc.), comuníquese con la secretaria de la Ciudad en alternateformat@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@east- wenatchee.com, at (509) 884-9515, or at 711 (TTY). 2. Authority. 2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: 3. Authorization. The City Council authorizes the Mayor to execute an Agreement between the City, the Law Offices of Tony DiTommaso, and the law firm of Kottcamp, Yedinak and Esworthy for Public Defender Services that conforms to the language set forth in Exhibit A. 4. Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution. 5. Effective date. This Resolution becomes effective immediately. 01-16-2024 Council Agenda Packet Page 96 of 138 City of East Wenatchee Resolution 2024-08 Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 2 of 2 Passed by the City Council of East Wenatchee, at a regular meeting thereof on this _____ day of _______________, 2024. The City of East Wenatchee, Washington By ________________________ Jerrilea Crawford, Mayor Attest: ___________________________ Anna Laura Leon, City Clerk Approved as to form only: ___________________________ Bob Siderius, City Attorney Filed with the City Clerk: __________ Passed by the City Council: __________ Effective Date: __________ 01-16-2024 Council Agenda Packet Page 97 of 138 Contract for the Provision of Legal Services Page 1 4F96584-PD Contract - 2024-2025 RRS revised CONTRACT FOR THE PROVISION LEGAL SERVICES This Contract is entered into effective 1 January, 2024 between the City of East Wenatchee (“the City”), a municipal corporation of the State of Washington and the Law Offices of Tony DiTommaso and Kottkamp, Yedinak & Esworthy, PLLC (collectively the “Contractors” or independently “Contractor”). RECITALS: 1. Contractors are licensed to practice law in the state of Washington and experienced criminal defense attorneys; 2. The City has an obligation to provide for the delivery of public defense services to indigent defendants who appear in the City of East Wenatchee municipal court; 3. Contractors and the City desire to enter into a contractual agreement for the provision of legal defense services to indigent criminal defendants and on other matters where a court appointed attorney in the City of East Wenatchee Municipal Court is required; and 4. Contractors have demonstrated the ability to meet accepted professional standards and the qualifications required of public defenders in the state of Washington. NOW, THEREFORE, in consideration of the mutual benefits to be derived, the promises and covenants contained herein, and other good and valuable consideration, the parties contract and agree as follows: I. DEFINITIONS AND NATURE OF WORK The following provisions are controlling in this Contract, notwithstanding any other provision to the contrary: A. DEFINITIONS 1. “Case”. A “case” commences upon appointment by the East Wenatchee Municipal Court judge. 2. “Indigent Person” means any person unable to afford to hire or retain legal counsel as determined by the East Wenatchee Municipal Court judge, applying current case law, regulations, statutes, and/or applicable Court Rules. Should a Contractor determine a defendant is not eligible for assigned counsel, the Contractor will advise the Court and move to withdraw from the case. 01-16-2024 Council Agenda Packet Page 98 of 138 Contract for the Provision of Legal Services Page 2 4F96584-PD Contract - 2024-2025 RRS revised 3. “Staff Attorney” means any attorney who is an employee of Contractor performing service under the Contract. The attorneys providing services currently for the Law Offices of Tony DiTommaso are Tony DiTommaso and Kambra Mellergaard. The attorney providing services currently for the Law Office of Yedinak & Esworthy, PLLC is Nick Yedinak. Contractor shall provide the City in advance with the name of any additional employees who are going to provide representation under this Contract. 4. “Court” or “Municipal Court” means the East Wenatchee Municipal Court. 5. “Standards of Indigent Defense” means those standards and guidelines of the Washington State Bar Association’s Standards for Incident Defense Services (Revised September 1, 2021), as adopted and amended by Washington State Supreme Court Order 25700 –A- 1004, and any amendments to those standards. B. NATURE OF WORK That during the period of this Contract, Contractors shall provide legal representation for all indigent criminal defendants and suspects in Municipal Court who have been found by the Municipal Court to be indigent and qualify for court-appointed representation. It is the intent of the parties that Contractors provide legal services in all situations, civil and/or criminal, that Municipal Court appoints an attorney to represent an indigent individual or individuals. II. TERMS AND CONDITIONS OF CONTRACT A. TERM This Contract is to take effect January 1, 2024, and is to continue in full force and effect until December 31, 2025. B. COMPENSATION AND COSTS. 1. Compensation for services rendered shall be $14684.06 in total per month, with one half ($$7342.03) paid to Tony DiTommaso Law Offices and one half ($7342.03) paid to Kottkamp, Yedinak & Esworthy, PLLC. 2. Beginning January 1, 2025, compensation shall be adjusted by the consumer price index, Series ID – CWUR0490SA0, Series Title – All items in Pacific, urban wage earners and clerical workers, for the time frame July 1, 2023 through June 30, 2024. 3. Contractors shall be responsible for paying all costs of their operations from the above remuneration as set forth herein except as otherwise agreed to. 01-16-2024 Council Agenda Packet Page 99 of 138 Contract for the Provision of Legal Services Page 3 4F96584-PD Contract - 2024-2025 RRS revised 4. The compensation paid includes the cost of filing of an appeal from Municipal Court to Superior Court. 5. The City will make payment to the Contractors monthly. 6. Contractors may request that the Municipal Court appoint an investigator, expert witness or interpreter. In the event that the Municipal Court makes such appointment, the City shall pay the reasonable costs for those services. 7. Costs for service of process shall be reimbursed by the City upon submission of an invoice by Contractor. C. DUTIES AND RESPONSIBILITIES OF CONTRACTOR. 1. Contractors must provide legal representation to a defendant for whom they have accepted assignment for all stages of the criminal proceedings through sentencing, dismissal or the filing of a notice of appeal to the Superior Court if filed. Provided, however, that Contractors representation shall cease upon the occurrence of any of the following: a. The filing of a notice of appearance or substitution of counsel by any other legal counsel as approved by the Municipal Court; b. A Defendant’s expressed intention to proceed pro se and the Municipal Court’s termination of representation by Contractor; c. Any order from the Municipal Court allowing withdrawal of Contractor or terminating representation; or d. The filing of a notice of appeal. If circumstances arise requiring Contractor to withdraw from representation, Contractor obligation to provide defense shall terminate upon Municipal Court approval of the withdrawal. 2. Contractor shall attend the "Preliminary Appearance Calendar" for the Municipal Court and communicate with each defendant charged with a violation of the East Wenatchee City Code regarding basic information, to include but not limited to, informing each defendant of the crime or crimes charged, the elements of the crime or crimes, the maximum penalty, the mandatory minimum penalty, if any, and the right to be appointed an attorney. Contractors shall not be required to make a formal appearance as defined by CrRLJ4.1(g) at the Preliminary Appearance calendar. 3. Contractor shall provide legal advice, pursuant to CrRLJ 3.1(c)(2), upon request of the person arrested and in custody, but not yet arranged, for 01-16-2024 Council Agenda Packet Page 100 of 138 Contract for the Provision of Legal Services Page 4 4F96584-PD Contract - 2024-2025 RRS revised crimes subject to the jurisdiction of the Court (including that the crime occurred within the East Wenatchee city limits). 4. Defense services shall be provided to all Clients in a professional and skilled manner, consistent with minimum standards set forth by the Rules of Professional Conduct, the Standards for Indigent Defense and case law and applicable court rules defining the duties of attorneys and the rights of defendants and suspects in criminal cases. Contractors’ primary and most fundamental responsibility is to promote and protect the best interests of the Client. 5. Contractor is to communicate with assigned incarcerated clients in a timely manner. This means Contractor should communicate with clients within 24 hours of the time the appointment is made known to Contractor when possible, but not less than 48 from the appointment except in extraordinary individual circumstances which make it not possible for Contractor to do so. The Contractor should send a representative to see the client if the Contractor is unable to do so within 24 hours of notification of the appointments. 6. The City shall provide Contractors with a single cell phone for their joint use so they can be reached for “critical stage” advice to defendants, such as during a police investigation or arrest. 7. Contractors must provide the City on a quarterly basis (April 15 for quarter 1, July 15 for quarter 2, October 15 for quarter 3, January 15 for quarter 4) statistics for all cases assigned. The statistics must include: (1) name of client; (2) case number; (3) charge; (4) disposition (plea, bench or jury trial); and (5) whether an appeal was filed. Contractor shall not be required to disclose to the City any materials that would be considered protected by the attorney-client privilege. In addition, Contractor shall maintain a case reporting and management information system which includes the number and type of cases in total and by attorney, attorney hours and disposition. This information shall also be provided to the City quarterly, and shall also be made available to the Office of the Administrator of the Courts upon request. Any such system shall be maintained independently from client file so as not to disclose privileged information. 01-16-2024 Council Agenda Packet Page 101 of 138 Contract for the Provision of Legal Services Page 5 4F96584-PD Contract - 2024-2025 RRS revised D. CASELOAD LIMITS. The caseload of Contractor and those employed by Contractor shall allow each attorney to give each client the time and effort necessary to ensure effective representation. The Contractor should not accept workloads that, by reason of their excessive size, interfere with the rendering of quality representation. The caseload of each attorney employed by Contractor shall be limited pursuant to the Standards for Indigent Defense (currently no more than 400 cases per year per attorney). E. ADMINISTRATIVE COSTS. Contractors shall make arrangements for interpreters needed for communication with clients in all other circumstances not involving presentation of the defense case. Contractors shall be responsible for paying all expenses for such out-of-court interpreters. Contractor shall provide the ordinary clerical services necessary for adequate representation of its Clients. Contractor shall maintain at least one paid employee and office and telephone for the purposes of administering the day-to-day affairs of the duties of the attorneys under this Contract. Contractors are free to employ additional attorneys as the need arises during performance of this Contract. F. SUPERVISION Contractors shall assign only such cases to staff attorneys as that attorney is qualified by training and experience to handle and qualified under the Standards for Indigent Defense. G. CAUSE FOR TERMINATION OF DEFENDER SERVICES AND REMOVAL OF ATTORNEY Termination of this Contract should only be for “just cause.” “Just cause” shall include, without limitation, the failure of an attorney to render adequate representation to Clients; the willful disregard of the rights and best interests of the Client; and/or the willful disregard of the standards herein addressed; and/or Contractor’s failure to comply with the terms and conditions of this Contract. Just cause should be established by final judgment of a court with jurisdiction or pursuant to the arbitration provisions of section Q below. The termination of the employment of any staff attorney, or the removal of an attorney from representation of a Client, is solely within the authority of Contractors. However, City shall not be required to continue making payments upon a judicial determination that Contractor or a staff attorney is not acceptable to the appointing court. 01-16-2024 Council Agenda Packet Page 102 of 138 Contract for the Provision of Legal Services Page 6 4F96584-PD Contract - 2024-2025 RRS revised The representation in an individual case establishes an inviolable attorney-client relationship. Removal of counsel from representation therefore should ordinarily not occur over the objection of both the attorney and the Client. This Contract may also be terminated at any time by the mutual written consent of the parties. H. OBLIGATIONS ON TERMINATION Upon termination of this Contract, Contractors obligation to provide representation shall cease upon the City's hiring of other legal counsel to provide representation to a defendant for whom Contractor has previously accepted assignment and provided representation. A notice of substitution of the new counsel and withdrawal of Contractor shall be filed and must be approved by the Municipal Court. Contractor shall assist in transferring all relevant files and materials to the newly assigned defense counsel. In the event that the City does not appoint other legal counsel following termination of this Contract, or if the Municipal Court does not approve substitution, Contractor shall continue to provide representation and shall be paid at a rate of $125 per hour. In that even, Contractor shall provide an accounting for all time spent in representation following termination of the Contract.I. NONDISCRIMINATION Contractor shall not discriminate against any employee, applicant for employment or subcontractor because of race, color, sexual orientation, handicap, age, religion, sex, or national origin. No person in the United States shall, on the ground of race, color, sexual orientation, handicap, age, religion, sex, or national origin, be excluded from participation in, be denied the benefits of, or be subject to unlawful discrimination through any activity made possible by or resulting from this Contract. Contractor shall comply with all requirements imposed by or pursuant to Civil Rights Act of 1964, and subsequent State and Federal enactments. J. CONFLICTS OF INTEREST 1. Financial Interests. No officer, employee, or agent of the City shall have any personal and/or financial interest, direct or indirect, in this Contract. Contractor shall take appropriate steps to assure compliance with this requirement. 2. Attorneys – Reservation Regarding Representation. Contractor, on behalf of its attorneys, reserves the right to decline to advise or represent any indigent or otherwise eligible person on the basis of actual or potential legal, ethical, or professional conflict of interest and with the consent of the Court may withdraw from representing any particular person for good cause shown. In such event, Contractor shall immediately inform the appropriate Court in writing and/or “on the record” of such declination and the specific reason therefore, and will request that appointment of other counsel. When possible, 01-16-2024 Council Agenda Packet Page 103 of 138 Contract for the Provision of Legal Services Page 7 4F96584-PD Contract - 2024-2025 RRS revised Contractors shall refer clients one to the other in the event it becomes necessary to withdraw from representation. K. WARRANTY OF AUTHORITY Contractor warrants that it has the authority to enter into and execute this Contract, and will defend any disciplinary or judicial proceedings brought against Contractors, or against the City arising from the conduct of Contractor, or challenging Contractor’s actions as an unauthorized practice of law, or questioning Contractor’s right and authority to execute this Contract. Contractor acknowledges that this Contract is made pursuant to and in express reliance upon this warranty. L. RECORDS RETENTION Records of all matters covered by this Contract shall be maintained by Contractor in accordance with requirements prescribed by the State Public Records Act, City regulations and applicable courts. Except as otherwise authorized by City, such records shall be maintained for a period of not less than three (3) years after closure of each case or termination of this Contract, whichever is later. In no event is Contractor and/or subcontractor required by this Contract to keep records over five (5) years. The City will provide Contractor with one (1) copy of all reports, etc., for client’s files, at no expense to Contractor. At expiration or termination of the Contract, Contractor shall deliver to whomever designated by City all Client files on pending matters upon receipt of written consent from the Client. M. HOLD HARMLESS AND INDEMNIFICATION With respect to the obligation and activities carried out under this Contract, Contractor agrees to indemnify, or to defend and hold the City, its elected and appointed officers, employees and agents harmless, at the City’s option, from and against any loss, expense, attorney’s fees, other costs, liability or claims arising wholly or partially out of any error or omission, negligence or intentional tort on the part of any employee, official, or agent of Contractor, including without limitation, sub-contracting attorneys, whether direct or indirect, in the performance of this Contract, other than those actions on the part of the officials, employees or agents of the City. In the event any suit or legal proceeding shall be brought against the City or any of its officers or employees, at any time, on account of or by reason of any act, action, neglect, omission, or default of Contractor and/or anyone acting for, on behalf of, or at the direction of Contractor, including without limitation, independent, sub-contracting attorneys, Contractor hereby covenants and agrees to assume the defense thereof and to defend the same at Contractor’s own expense and to pay any and all cost, charges, attorney fees and other expenses and any and all judgments that may be incurred by or obtained against the City or any of its officers, employees, or agents in such suits or other proceedings. N. PROFESSIONAL LIABILITY INSURANCE. During the term of this Contract, and for liability originating from this Contract, Contractor and all persons acting for and on behalf of the Contractor (including without 01-16-2024 Council Agenda Packet Page 104 of 138 Contract for the Provision of Legal Services Page 8 4F96584-PD Contract - 2024-2025 RRS revised limitation independent subcontractors) shall maintain professional liability insurance coverage, including without limitation, errors and omissions, negligence, intentional torts, and punitive damages. The aforementioned insurance shall be obtained from any insurance company authorized to do business in the State of Washington and shall have liability limits of no less than One Million Dollars ($1,000,000) per claim and One Million Dollars ($1,000,000) in the aggregate. Within thirty (30) days of signature of the last party signing this Contract, Contractor shall submit evidence that such insurance is in full force and effect, and that such insurance will not be canceled during the time period Contractor has to fully execute all of the terms and conditions of this Contract. Contractor’s coverage of liability for events accruing during this Contract shall extend after the Contract is terminated by its terms or order of court with jurisdiction. Said insurance company shall be required to give the City written notice within seventy-two (72) hours if the policy is canceled or otherwise terminated for any reason, including without limitation, non-payment of premium. O. INTEGRATED DOCUMENT This Contract embodies the entirety of the agreement between the City and Contractors, its terms and conditions and supersedes any and all other agreements, contracts and understandings, written or oral. No verbal agreements, conversations, understandings, or writings with any officer, agent, or employee of the City prior to the execution of this Contract shall affect or modify any of the terms, conditions, or obligations contained in any documents comprising this Contract. Any such verbal agreements, conversations, understandings, or writings shall be considered as unofficial and in no way binding upon the City. P. WHEN RIGHTS AND REMEDIES ARE NOT WAIVED In no event shall any payment by the City or acceptance of payment by Contractors constitute or be construed to be a waiver by such party of any breach of contract, covenant, or default which may then exist on the part of the other. The making or acceptance of any such payment while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available with respect to such breach or default. No failure of the City or Contractors to insist on the strictest performance of any term of this Contract shall constitute a waiver of any such term or an abandonment of this Contract. Q. SEVERABILITY OF PROVISIONS If any term, covenant, condition, or provision of this Contract is held by a court of competent jurisdiction, arbitrator or other reviewing body with jurisdiction, to be void, invalid, or unenforceable, the remainder of the Contract, if it would then continue to conform to the terms and requirements of applicable law, shall continue in full force and effect and shall in no way be affected, impaired or invalidated thereby. R. DISPOSITION OF CLIENT COMPLAINTS The following procedure shall be utilized for responding to Client complaints: Complaints should first be directed to the Staff Attorney providing representation. The 01-16-2024 Council Agenda Packet Page 105 of 138 Contract for the Provision of Legal Services Page 9 4F96584-PD Contract - 2024-2025 RRS revised Contractor shall also have a person designated to hear and resolve, if possible, client complaints (the “Complaint Manager”) that are not resolved by the Staff Attorney. The Staff Attorney shall inform the Complaint Manager of any Client complaints and shall advise the client of their right to discuss the complaint with the Complaint Manager. If the Client feels that he or she has not received an adequate response from the Staff Attorney, the Complaint Manager should evaluate the legitimacy of the complaint and, if possible, resolve the complaint. The Client should be informed as to the disposition of his or her complaint within one week. The Client should be also be advised that if the Client feels dissatisfied with the evaluation and response received from the Complaint Manager, they can report their complaint to City Mayor for further review and resolution, and can also submit a complaint to the Washington State Bar Association. S. DISPUTES – ARBITRATION Disputes or claims arising under this Contract between the City and Contractor shall initially be resolved by consultation between Contractor(s) and the City Mayor. If resolution of such dispute or claim is not obtained within fifteen (15) days of such consultation, the proposal shall be submitted to binding arbitration using an arbitrator agreed to by City and the Contractor(s). In the event that the City and the Contractors cannot agree on an arbitrator, the arbitrator shall be appointed by the presiding judge of the Douglas County Superior Court. Any arbitration shall be governed by the rules and procedures of the Washington Arbitration Act, RCW 7.04A. T. MODIFICATIONS Nothing contained in this Contract shall be deemed to preclude any party from seeking modification of any term contained herein should an unforeseen and material change in circumstances arise. In the event that the Contractors are assigned a number of cases that exceed the number of cases anticipated and budgeted for in any year to the extent that the Contactors would be unable to accept new cases under the Standards for Indigent Defense then the amount of compensation may be modified so that the Contactors may fulfill the obligations of this Contract. Modification of this type may only be made after a clear showing by the Contractors that modification is necessary to fulfill this Contract and to comply with the Standards for Indigent Defense. Any agreement, contract, understanding, or modification made between the parties subsequent to this Contract must be executed with identical formality as this Contract, otherwise the same shall not be enforceable. U. ASSIGNABILITY Contractor may not assign its rights or obligations under this Contract to an unaffiliated third party without the prior written consent of the City, which will not be unreasonably withheld, or as otherwise permitted herein. Contractor shall provide two weeks’ notice to the City (to the Mayor or to the City Attorney) of its intent to assign the Contract. If the City does not object in writing to the assignment within two weeks, the assignment will be permitted. 01-16-2024 Council Agenda Packet Page 106 of 138 Contract for the Provision of Legal Services Page 10 4F96584-PD Contract - 2024-2025 RRS revised V. GOVERNING LAW This Contract shall be governed by the laws of the State of Washington. Should this Contract be subject to scrutiny by a court of law, arbitrator or other reviewing body with jurisdiction, it shall be interpreted as if drafted by both of the parties herein. CONTRACTORS _________________________________ _____________________________ Tony DiTommaso Nicholas A. Yedinak Law Offices of Tony DiTommaso Kottkamp, Yedinak & Esworthy, PLLC Dated: ___________________________ Dated: _________________________ CITY OF EAST WENATCHEE Jerrilea Crawford, Mayor Date ATTEST: Laura Leon, City Clerk Approved as to form: On file ROBERT R. SIDERIUS Attorney for City of East Wenatchee 01-16-2024 Council Agenda Packet Page 107 of 138 CITY OF EAST WENATCHEE COUNCIL AGENDA BILL To: Mayor and Council. From/Presenter: Curtis Lillquist, AICP, Community Development Director Subject: Consideration of withdrawal from the CDBG Entitlement Community Program Date: January 10, 2024 I. Summary Title: II. Background/History: East Wenatchee started as an CDBG Entitlement Community in 2009. The amount of entitlement funds received annually by the city peaked in 2021 and has been slowly declining each year since. The 2023 entitlement was $108,500. It is staff’s opinion that the cost (financial and staff time) to administer this program significantly outweighs the benefit of receiving the funds. The CDBG program allows up to 20% of the entitlement to be spent to administer the program. Generally, the City does not take this allowance but uses General Fund money to cover those costs. It is estimated that between 10- 20% of the annual entitlement is required to administer the program. At the beginning of each year an Annual Action Plan must be developed to establish specific projects for the year which meet the goals of the current consolidated plan. At the end of each year a Consolidated Annual Performance and Evaluation Report must be developed to account for all funds spent during the year and document how the goals of the consolidated plan are being met. Any changes in allocation of funds require the processing of an amendment to the Annual Action Plan which is a process similar to the adoption process. Additionally, every five years a consolidated plan is required to be developed. Staff has not had the expertise or the time to do this plan and the cost to hire a consultant is above the annual administrative costs. For all proposed projects where a service is provided to the commnity a subrecipient agreement must be developed before funds can be distributed to an entity. Additionally, quarterly monitoring must be performed on the subrecipients and reporting performed. For all construction related projects, federal NEPA environmental review 01-16-2024 Council Agenda Packet Page 108 of 138 must be conducted in addition to state SEPA. Contracting for consultants and contractors require special consideration. At $80-100K a year, the city does not receive enough money to generally do a project annually so the funds must be saved. The Hamilton Street Project, for example, required three years’ worth of CDBG funds plus remainder funds from another 3 years to make the project pencil out. This raises a concern with HUD because we are not spending the money annually. CDBG Entitlement funds are distributed two ways; directly to entitlement communities and to each state. State entitlement funds are distributed though a competitive grant process. If the city stops taking entitlement funds directly it can compete for the state CDBG funds on a project specific basis. This topic was discussed at the 11-16-2023 council workshop. During the workshop, Council instructed staff to bring the issue to a council meeting for action. Staff’s time can more efficiently be spent working to administer funds with fewer requirements (i.e. 1590 funds and 1406 funds), assisting in preparing a grant application package to the State CDBG program, or working on other city initiatives. III. Recommended Action: Motion to discontinue being an Entitlement Community for CDBG funds and to authorize the mayor to sign a letter withdrawing from the program. IV. Exhibits: None Financial Data: Expenditure Required Amount Budgeted Appropriation Required $0 0 $ 0 01-16-2024 Council Agenda Packet Page 109 of 138 East Wenatchee Council Agenda Bill To: Mayor and Council From/Presenter: Trina Elmes, Events Director/PIO Subject: East Wenatchee Events Board Funding Recommendation Date: January 16, 2024 I.Summary Title: Lodging Tax Request, $10,000, for Eastmont Metro Park District’s Eastmont Winter Classic AAU Basketball Tournament, February 23-25, 2024. II.Background/History: The Eastmont Winter Classic is a basketball tournament for 4th-8th grade select basketball teams from across the state. This family fun event is designed to get all ages involved, whether it be playing a game or spectators watching. The focus of the Sunburn Classic is to draw people from across the state to visit and boost revenue to our community. In 2002, the Eastmont Winter Classic started with approximately 35 teams and as of 2023, there were 70+ teams registered with over half of the teams coming from 50+ miles away, including Idaho and Oregon. III. Recommended Action: The East Wenatchee Events Board is recommending that Eastmont Metro Park District receives $10,000 for the Eastmont Winter Classic and authorize the Mayor to sign an agreement not to exceed the $10,000 recommended amount. IV.Exhibits: 1.East Wenatchee Events Board, January 4, 2023, Meeting Minutes. 2.Eastmont Metro Park District’s Application for Tourism Promotion Grant Application. 3.Eastmont Metro Park District’s Grant Agreement. Financial Data Expenditure Required Amount Budgeted Appropriation Required $10,000 $10,000 No City of 01-16-2024 Council Agenda Packet Page 110 of 138 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 January 3, 2024 | 3:00PM Attendees Councilmember Rob Tidd, Supattra Winger, Brent Schmitten, Mat Heinz, Vickie Sullivan, Jason Heinz and Events Director/PIO Trina Elmes. Guests Caryl Andre (WVSF), Charlie Brown (EMPD), Ashley Sinner and Jason Grover (WVCC) Location Eastmont Community Center 230 N. Georgia Ave, East Wenatchee, WA 98802 Roll Call/Introductions Vote in Members Positions 3, 4, 7 and 10 are up for reelection. Supattra Winger (Cedars Inn), Mat Heinz (Eastmont Metro Park District), Alejandro Cruz (at-Large) and Michael Machado (at-large) all expressed interest in staying on the East Wenatchee Events Board. Position 9, an at- large position, has been vacant, so the Board is moving Michael Machado from Position 10 to Position 9. Jason Heinz motioned to appoint: Position #3 – Supattra Winger (hotel representative), 2024-2026 term Position #4 – Mat Heinz (activity representative), 2024-2026 term Position #7 – Alehandro Cruz (at-large representative), 2024-2026 term Position #9 – Michael Machado (at-large representative), 2023-2025 term Brent Schmitten seconded the motion. Motion carried (3-0, Supattra Winger and Mat Heinz recused themselves) Public Comment None Minutes The November 1, 2023 minutes were reviewed. Jason Heinz motioned to accept the minutes and Brent Schmitten seconded the motion. Motion carried (5-0). Financials The 2023 financial documents were reviewed. The 2023 year-end financial documents will be reviewed at the February meeting. Event Update Events Director/PIO Elmes recapped the Wings ‘n Wishes events from December 7 and December 9. Tourism Wenatchee Valley Sports Foundation – Winter Special Olympics Requests Grants The Wenatchee Valley Sports Foundation is requesting a total of $10,000 for the Winter Special Olympics, March 1-3, 2024. Caryl Andre presented the application and supporting information, which was reviewed by the Board. CALL TO ORDER 3:13 PM Exhibit 1 01-16-2024 Council Agenda Packet Page 111 of 138 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). Jason Heinz motioned to approve the Wenatchee Valley Sports Foundation’s Grant Applications in the amount of $10,000 for the Winter Special Olympics. Brent Schmitten seconded the motion. Motion carried (5-0). Eastmont Metro Park District – Eastmont Winter Classic AAU Tournament The Eastmont Metro Park District is requesting a total of $10,000 for the Eastmont Winter Classic AAU Tournament, February 23-25, 2024. Charlie Brown presented the application and supporting information, which was reviewed by the Board. Jason Heinz motioned to approve the Eastmont Metro Park District’s Grant Applications in the amount of $10,000 for the Eastmont Winter Classic AAU Tournament. Brent Schmitten seconded the motion. Motion carried (5-0). WVCC Update Ashley Sinner, gave an update on the Wenatchee Valley Chamber of Commerce and Jason Grover gave an update on sports tourism. Hotelier Supattra Winger talked about the Cedar’s Inn occupancy numbers and would like to see Update more East Wenatchee Events to bring in more tourism to the hotels. Other Discussions were had on whether or not to promote the hotel/motel funds being available to local events and also promoting it outside of the area to try and attract more events to East Wenatchee. Next Meeting February 7, 3:00pm Eastmont Parks & Recreation’s Community Center 230 N. Georgia Ave, East Wenatchee, WA 98802 O ORDER Attest: Rob Tidd, Councilmember Trina Elmes, Events Director/PIO ADJOURN 4:05 PM 01-16-2024 Council Agenda Packet Page 112 of 138 Print Amount of Lodging Tax Requested* 10,000 Federal Tax ID #* 201-55-8064 Organization/Agency Name* Eastmont Metro Park District C Corporation Government Limited Liability Company Partnership S Corporation Sole Proprietor Other Type of Organization*Please List* Activity Name* Eastmont Winter Classic Proposed Start Date of Activity*Proposed End Date of Activity* First Name* Charlie Last Name* Brown Title* Director of Recreation & Marketing Primary Phone* 509.884.8015 Cell Phone Email* cbrown@eastmontparks.com Mailing Address* 255 N. Georgia Ave City* East Wenatchee State* WA Zip Code* 98802 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 Tourism Promotion Grant - Submission #1690 Date Submitted: 1/2/2024 2/23/2024 2/25/2024 Exhibit 2 01-16-2024 Council Agenda Packet Page 113 of 138 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? 21 Proposed Location of Activity* Eastmont School District, Wenatchee Valley College & Possibly Wenatchee School District Short Description of the Activity* This is a State Qualifying AAU Tournament. Last year we had 80 teams from all over Washington and a couple from Idaho and Oregon. The ages are 3rd - 8th grade. Describe the Prior Success of Your Activity* This will be my 6th year with the tournament and every year it has grown in numbers. This event is now a state qualifying event drawing teams from out of town as a last chance to qualify for the state tournament. Describe Your Target Audience* We are targeting AAU basketball teams boys and girls divisions from the 3rd grade to 8th grade. Describe How You Will Promote Lodging Establishments, Restaurants and Businesses Located in the City of East Wenatchee* I will list all local hotels on the website. I also schedule out of town teams earlier Saturday morning to promote staying Friday night. Budget for Activity* Budget 2024.pdf Allowed types: .gif, .jpg, .jpeg, .png, .doc, .docx, .xls, .xlsx, .rtf, .pdf, .txt What costs will the Tourism Promotion Grant cover?* The Tourism Promotion Grant would go towards paying the officials which cost approximately $13,000 last year What organization and staffing do you have to support this activity?* Ron Stone schedules the referees, AAU staffs the gyms and runs scoreboards and concessions and the Rec Department schedules games, gyms and enters official scores 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.* This is an AAU basketball tournament. Teams in different divisions are guaranteed 4 games. They play 3 games between Friday and Saturday and a minimum of 1 on Sunday. The two teams that make it to the Championship in Each Division are awarded medals and a bid to the state tournament. How will you advertise, publicize or otherwise distribute information regarding your activity?* We are on the Inland Empire AAU basketball website, I also email all the participants from the previous year, we are on tourneymachine and we sent flyers to other tournaments happening in December and January Section II - Projected Tourism Benefit 01-16-2024 Council Agenda Packet Page 114 of 138 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* 3000 Travel More Than 50 Miles* 1900 Travel from Another State/Country* 100 Travel More Than 50 Miles and Stay over Night in the Wenatchee Valley* 1200 Of the People Staying Overnight, the Number of People Who Will Stay in Paid Accommodations* 800 Number of Paid Lodging Room Nights, Resulting from Your Proposed Activity* 550 Lodging Impact* 50000 Explain How You Calculated the Previous Estimates* Each team can roster 12 players. I figure 2 parents and 1 player per family (its an average, some are lower some are higher). 12 spots times 3 per spot is 36 people per team times the number of teams so 36*80 = 2880, I rounded to the nearest hundred then based the rest off of history of the tournament. How will you collect and verify the above information for your Activity?* I look at the registrations and know where all the teams are from. Last year I set up room blocks at a hotel and all the rooms were taken. 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) 01-16-2024 Council Agenda Packet Page 115 of 138 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) 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?* This tournament brings people people from throughout the state to our community. People are buying gas at the gas stations, eating at restaurants, shopping in our stores and staying in our hotels. Overall this is a big win for the local economy and tourism for East Wenatchee. 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* Charlie Brown Signer Email* cbrown@eastmontparks.com 01-16-2024 Council Agenda Packet Page 116 of 138 $250 $4,500 $13,500 $2,300 $2,000 $22,550 Community Partner Revenue/Private Match Events Board $10,000 EMPD $12,550 AAU Fees Budget Item/ Description Staff TOTAL Medals Referees Gym Fees EASTMONT WINTER CLASSIC BUDGET 01-16-2024 Council Agenda Packet Page 117 of 138 Page 1 of 6 Grant Agreement Between The City of East Wenatchee 271 9th St. NE East Wenatchee, WA 98802 (509) 884-9515 And Grantee Eastmont Metro Park District dba: Eastmont Winter Classic 255 N Georgia Ave East Wenatchee, WA 98802 c/o Charlie Brown (509) 884-8015 Exhibit 3 01-16-2024 Council Agenda Packet Page 118 of 138 Page 2 of 6 1. Grantee’s Obligations. Grantee will: a. Submit a pre-event application for grant funds with the City Events Director outlining expected statistics associated with each category set forth in Exhibit A. b. Host an event on February 23-25, 2024, generally described as Eastmont Winter Classic. c. Acknowledge the City’s contribution in the event’s formal promotional materials and efforts. d. Acknowledge the City’s contribution on the Grantee’s website. e. Acknowledge the City’s contribution on the Grantee’s social media accounts. f. Submit a Post Event Report to the City within 14 days of the event’s completion that contains actual event results associated with each category set forth in Exhibit A. 2. The City’s Obligations. Within 30 days of receiving the Post Event Report, conditional on the Grantee satisfying, at the City’s reasonable discretion, the predicted event outcomes in Exhibit A, the City will reimburse the Grantee in the amount of $10,000. 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 01-16-2024 Council Agenda Packet Page 119 of 138 Page 3 of 6 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. 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 to the City prior to the event, but no later than 14 days following execution of this agreement. 01-16-2024 Council Agenda Packet Page 120 of 138 Page 4 of 6 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: Ana Laura Leon City Clerk Eastmont Metro Park District Signature: Charlie Brown Recreation & Marketing Director Date: 01-16-2024 Council Agenda Packet Page 121 of 138 Page 5 of 6 Exhibit A 01-16-2024 Council Agenda Packet Page 122 of 138 Page 6 of 6 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: Please explain how your organization collected and verified the above information: 01-16-2024 Council Agenda Packet Page 123 of 138 East Wenatchee Council Agenda Bill To: Mayor and Council From/Presenter: Trina Elmes, Events Director/PIO Subject: East Wenatchee Events Board Funding Recommendation Date: January 16, 2024 I.Summary Title: Lodging Tax Request, $10,000, for Wenatchee Valley Sports Foundation’s Special Olympics WA State Winter Games, March 1-3, 2024. II.Background/History: The Special Olympics WA State Winter Games consists of competition in cross country skiing, alpine skiing, snow shoeing, snowboarding, figure skating, speed skating and basketball for athletes with developmental disabilities. The event includes over 1500 athletes, 300 coaches/chaperones, hundreds of family/spectators and over 600 volunteers throughout the 3-day event. This is an annual event that has been in our valley for the past 32 years. There will be over 2,500 in attendance with approximately 2,000 who stay overnight with approximately 1,200 paid lodging room nights throughout the weekend. III. Recommended Action: The East Wenatchee Events Board is recommending that the Wenatchee Valley Sports Foundation receives $10,000 for the Special Olympics WA State Winter Games and authorize the Mayor to sign an agreement not to exceed the $10,000 recommended amount. IV.Exhibits: 1.East Wenatchee Events Board, January 3, 2024, Meeting Minutes. 2.Wenatchee Valley Sports Foundation’s Tourism Promotion Grant Application. 3.Wenatchee Valley Sports Foundation Grant Agreement. Financial Data Expenditure Required Amount Budgeted Appropriation Required $10,000 $10,000 No City of 01-16-2024 Council Agenda Packet Page 124 of 138 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 January 3, 2024 | 3:00PM Attendees Councilmember Rob Tidd, Supattra Winger, Brent Schmitten, Mat Heinz, Vickie Sullivan, Jason Heinz and Events Director/PIO Trina Elmes. Guests Caryl Andre (WVSF), Charlie Brown (EMPD), Ashley Sinner and Jason Grover (WVCC) Location Eastmont Community Center 230 N. Georgia Ave, East Wenatchee, WA 98802 Roll Call/Introductions Vote in Members Positions 3, 4, 7 and 10 are up for reelection. Supattra Winger (Cedars Inn), Mat Heinz (Eastmont Metro Park District), Alejandro Cruz (at-Large) and Michael Machado (at-large) all expressed interest in staying on the East Wenatchee Events Board. Position 9, an at- large position, has been vacant, so the Board is moving Michael Machado from Position 10 to Position 9. Jason Heinz motioned to appoint: Position #3 – Supattra Winger (hotel representative), 2024-2026 term Position #4 – Mat Heinz (activity representative), 2024-2026 term Position #7 – Alehandro Cruz (at-large representative), 2024-2026 term Position #9 – Michael Machado (at-large representative), 2023-2025 term Brent Schmitten seconded the motion. Motion carried (3-0, Supattra Winger and Mat Heinz recused themselves) Public Comment None Minutes The November 1, 2023 minutes were reviewed. Jason Heinz motioned to accept the minutes and Brent Schmitten seconded the motion. Motion carried (5-0). Financials The 2023 financial documents were reviewed. The 2023 year-end financial documents will be reviewed at the February meeting. Event Update Events Director/PIO Elmes recapped the Wings ‘n Wishes events from December 7 and December 9. Tourism Wenatchee Valley Sports Foundation – Winter Special Olympics Requests Grants The Wenatchee Valley Sports Foundation is requesting a total of $10,000 for the Winter Special Olympics, March 1-3, 2024. Caryl Andre presented the application and supporting information, which was reviewed by the Board. CALL TO ORDER 3:13 PM Exhibit 1 01-16-2024 Council Agenda Packet Page 125 of 138 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). Jason Heinz motioned to approve the Wenatchee Valley Sports Foundation’s Grant Applications in the amount of $10,000 for the Winter Special Olympics. Brent Schmitten seconded the motion. Motion carried (5-0). Eastmont Metro Park District – Eastmont Winter Classic AAU Tournament The Eastmont Metro Park District is requesting a total of $10,000 for the Eastmont Winter Classic AAU Tournament, February 23-25, 2024. Charlie Brown presented the application and supporting information, which was reviewed by the Board. Jason Heinz motioned to approve the Eastmont Metro Park District’s Grant Applications in the amount of $10,000 for the Eastmont Winter Classic AAU Tournament. Brent Schmitten seconded the motion. Motion carried (5-0). WVCC Update Ashley Sinner, gave an update on the Wenatchee Valley Chamber of Commerce and Jason Grover gave an update on sports tourism. Hotelier Supattra Winger talked about the Cedar’s Inn occupancy numbers and would like to see Update more East Wenatchee Events to bring in more tourism to the hotels. Other Discussions were had on whether or not to promote the hotel/motel funds being available to local events and also promoting it outside of the area to try and attract more events to East Wenatchee. Next Meeting February 7, 3:00pm Eastmont Parks & Recreation’s Community Center 230 N. Georgia Ave, East Wenatchee, WA 98802 O ORDER Attest: Rob Tidd, Councilmember Trina Elmes, Events Director/PIO ADJOURN 4:05 PM 01-16-2024 Council Agenda Packet Page 126 of 138 Print Amount of Lodging Tax Requested* 10,000.00 Federal Tax ID #* 602809116 Organization/Agency Name* Wenatchee Valley Sports Foundation C Corporation Government Limited Liability Company Partnership S Corporation Sole Proprietor Other Type of Organization*Please List* Activity Name* Special Olympics WA State Winter Games Proposed Start Date of Activity*Proposed End Date of Activity* First Name* Caryl A Last Name* Andre Title* Board Member/Event Lead/Rec Supervisor Primary Phone* 509-888-3282 Cell Phone 509-669-3362 Email* candre@wenatcheewa.gov Mailing Address* P.O. Box 519 City* WENATCHEE State* Washington Zip Code* 98807 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 Tourism Promotion Grant - Submission #1687 Date Submitted: 12/8/2023 3/1/2024 12/3/2023 Exhibit 2 01-16-2024 Council Agenda Packet Page 127 of 138 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? 33 Proposed Location of Activity* City of Wenatchee, City of East Wenatchee & City of Leavenworth Short Description of the Activity* State Special Olympics competition including Basketball, Cheer Leading, Alpine Skiing/Snowboarding, Cross Country Skiing, Snow Shoeing, Speed/Figure Skating. Describe the Prior Success of Your Activity* This has been a huge success for 33 years. The Wenatchee Valley has been the chosen site for the games and continues to be. We know every year there will be approx 1500 athletes, 300 coaches/chaperones, 600 volunteers and hundreds of families and spectators. Describe Your Target Audience* Special Olympics volunteers, families and spectators. Describe How You Will Promote Lodging Establishments, Restaurants and Businesses Located in the City of East Wenatchee* I will work directly with the State Special Olympics office to make sure the City of East Wenatchee is utilized for housing of teams and advertise the area for restaurants with volunteers and spectators. Budget for Activity* Special Olympics State Winter Games 2024 budget breakdown.docx Allowed types: .gif, .jpg, .jpeg, .png, .doc, .docx, .xls, .xlsx, .rtf, .pdf, .txt What costs will the Tourism Promotion Grant cover?* Facility costs associated with the sport venues. What organization and staffing do you have to support this activity?* We have a games management team consisting of approximately 25 people all assigned to different areas of the games operations. In addition approx 600 volunteers to help throughout the 3 day event. 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.* This event brings in athletes from all over Washington State that have advanced from regional competitions to this State event. The sheer magnitude of the 13 venues sites that will operate simultaneously throughout the event weekend creates a huge opportunity for people from all over the state to see and experience our entire valley. The success of the event every year is quite easy to evaluate. The numbers aren't a guess, we know exactly how many athletes, coaches, chaperones and volunteers that will be involved and the families and spectators are a bonus the to large numbers we already know about. How will you advertise, publicize or otherwise distribute information regarding your activity?* Advertising will happen through local and state media in addition to the state Special Olympics website and numerous social media platforms. 01-16-2024 Council Agenda Packet Page 128 of 138 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* 2500 + Travel More Than 50 Miles* 2000 Travel from Another State/Country* United States Travel More Than 50 Miles and Stay over Night in the Wenatchee Valley* 2000 Of the People Staying Overnight, the Number of People Who Will Stay in Paid Accommodations* 2000 Number of Paid Lodging Room Nights, Resulting from Your Proposed Activity* 1200 Lodging Impact* approx $180,000.00 Explain How You Calculated the Previous Estimates* We just multiplied the number of hotel nights at a $150 total rate. How will you collect and verify the above information for your Activity?* We know exactly how many rooms and nights we will be utilized because our committee actually handles all of the booking of hotels and costs associated. 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) 01-16-2024 Council Agenda Packet Page 129 of 138 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) 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?* Bringing such a great organization (Special Olympics WA) with thousands of folks from all over the state puts the Valley in the view of so many people who would not normally have that exposure and will most likely return at another time. 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* Caryl Andre Signer Email* candre@wenatcheewa.gov 01-16-2024 Council Agenda Packet Page 130 of 138 Special Olympics State Winter Games 2024 budget breakdown: • Special Olympics Washington has their own budget that covers hotels, meals, transportation, equipment etc. I have requested the State portion of the budget and will forward when received. • Our budget locally only entails facility costs of $48,000. • Contributors include: o Regional Port Authority - $5,000 o Wenatchee LTAC - $5,000 o Tourism Promotion Assessment - $20,000 01-16-2024 Council Agenda Packet Page 131 of 138 Special Olympics Washington 5:35 PM 2024 Budget Report 11/21/2023 1.1.4 Winter games Accrual Basis TOTAL Jan 24 Feb 24 Mar 24 Apr 24 May 24 Jun 24 Jul 24 Aug 24 Sep 24 Oct 24 Nov 24 Dec 24 Jan - Dec 24 Ordinary Income/Expense Expense 51XXX · -Program-Rentals 51100 · -Facilities 0.00 0.00 15,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 15,000.00 51200 · -Housing / Lodging 0.00 12,000.00 104,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 116,000.00 51300 · -Equipment Rentals 0.00 500.00 12,000.00 1,200.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 13,700.00 Total 51XXX · -Program-Rentals 0.00 12,500.00 131,000.00 1,200.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 144,700.00 52000 · -Program-Meals 0.00 0.00 110,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 110,000.00 53XXX · Program-Transportation 53100 · -Transportation-State Games 0.00 3,000.00 115,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 118,000.00 Total 53XXX · Program-Transportation 0.00 3,000.00 115,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 118,000.00 54000 · -Program-Awards 6,200.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6,200.00 55000 · -Program-Uniforms 0.00 2,500.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,500.00 56XXX · -Program-Support 56100 · -Storage 0.00 0.00 650.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 650.00 56200 · -Sports & Other Equipment 500.00 2,000.00 10,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 12,500.00 56210 · -Equipment & Kits 4,500.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,500.00 56250 · -Travel, Lodging & Meals 500.00 500.00 3,200.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,200.00 56255 · -Mileage 0.00 0.00 350.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 350.00 56300 · -Conferences & Meetings 0.00 0.00 4,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,000.00 56450 · -Printing & Copying 0.00 0.00 500.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 500.00 56650 · -Professional Fees 0.00 500.00 8,500.00 5,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 14,000.00 56700 · -Recognition 0.00 1,500.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,500.00 Total 56XXX · -Program-Support 5,500.00 4,500.00 27,200.00 5,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 42,200.00 Total Expense 11,700.00 22,500.00 383,200.00 6,200.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 423,600.00 Net Ordinary Income (11,700.00)(22,500.00)(383,200.00)(6,200.00)0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (423,600.00) Net Income (11,700.00)(22,500.00)(383,200.00)(6,200.00)0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (423,600.00) 01-16-2024 Council Agenda Packet Page 132 of 138 Page 1 of 6 Grant Agreement Between The City of East Wenatchee 271 9th St. NE East Wenatchee, WA 98802 (509) 884-9515 And Grantee Wenatchee Valley Sports Foundation dba: WA State Special Olympics Winter Games PO Box 519 Wenatchee, WA 98807 c/o Caryl Andre (509) 888-3282 Exhibit 3 01-16-2024 Council Agenda Packet Page 133 of 138 Page 2 of 6 1. Grantee’s Obligations. Grantee will: a. Submit a pre-event application for grant funds with the City Events Director outlining expected statistics associated with each category set forth in Exhibit A. b. Host an event on March 1-3, 2024, generally described as Winter Special Olympics. c. Acknowledge the City’s contribution in the event’s formal promotional materials and efforts. d. Acknowledge the City’s contribution on the Grantee’s website. e. Acknowledge the City’s contribution on the Grantee’s social media accounts. f. Submit a Post Event Report to the City within 14 days of the event’s completion that contains actual event results associated with each category set forth in Exhibit A. 2. The City’s Obligations. Within 30 days of receiving the Post Event Report, conditional on the Grantee satisfying, at the City’s reasonable discretion, the predicted event outcomes in Exhibit A, the City will reimburse the Grantee in the amount of $10,000. 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 01-16-2024 Council Agenda Packet Page 134 of 138 Page 3 of 6 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. 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 to the City prior to the event, but no later than 14 days following execution of this agreement. 01-16-2024 Council Agenda Packet Page 135 of 138 Page 4 of 6 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: Ana Laura Leon City Clerk Wenatchee Valley Sports Foundation Signature: Caryl Andre President Date: 01-16-2024 Council Agenda Packet Page 136 of 138 Page 5 of 6 Exhibit A 01-16-2024 Council Agenda Packet Page 137 of 138 Page 6 of 6 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: Please explain how your organization collected and verified the above information: 01-16-2024 Council Agenda Packet Page 138 of 138