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FINAL 2023 0124 Council Agenda PacketMoses Lake City Council Don Myers, Mayor | Deanna Martinez, Deputy Mayor | Dustin Swartz, Council Member | Mark Fancher, Council Member David Eck, Council Member| Judy Madewell, Council Member| David Skaug, Council Member Tuesday, January 24, 2023 Moses Lake Civic Center – 401 S. Balsam or remote access* 5:15 p.m. - Executive Session -Potential Litigation pursuant to RCW 42.30.110 (1)(i) 6 p.m. – High School Wind Ensemble Performance Regular Meeting Agenda Call to Order – 6:30 p.m. Roll Call Pledge of Allegiance Approval of the Agenda Citizen’s Communications** Summary Reports: Mayor’s Report -Planning Commission Appointment Additional Business City Manager’s Report -City Security Services Closed Hearing #1 Motion pg 4 Maple Landing Div. 2 Planned Development District Ordinance 3020 Presented by Kirsten Sackett, Community Development Director Summary: Council to review and consider adoption Supplement link: https://wa-moseslake.civicplus.com/DocumentCenter/View/10468/supp- PLN2022-0067-Maple-Landing-DIV-2-PDD-Open-Record-Hearing- Exhibits Moses Lake Council Packet 1-24-23, Page 1 of 318 January 24, 2023, City Council Meeting Page 2 _________________ Consent Agenda Motion All items listed below are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests specific items to be removed from the Consent Agenda for discussion prior to the time Council votes on the motion to adopt the Consent Agenda. #2 pg 58 a.City Council Meeting Minutes Dated January 10, 2023 b.Claims and Payroll c.Opioid Abatement Fund Resolution 3930 d.2023 Salary Schedule Budget Supplement e.Employee Handbook Update Resolution 3931 f.Interlocal Investment Services Agreement – Grant County g. Award Well Rehabilitation Projects Old Business #3 Motion pg 193 Sagepoint Planned Development District Ordinance 3019 Presented by Kirsten Sackett, Community Development Director Summary: Council to review and consider adoption New Business #4 #5 Motion pg 255 Interim Water Regulations Presented by Allison Williams, City Manager Summary: Council to review and discuss pg 257 Municipal Airport Lease Presented by Rich Huebner, Assistant City Manager Summary: Council to review and consider approval Administrative Reports -Renew 4th Quarter Report – pg 270 -PRR Inc Consultant Contract – pg 272 Council Committee Reports Executive Session -Evaluation of a Public Employee pursuant to RCW 42.30.110 (1)( g) Adjournment Moses Lake Council Packet 1-24-23, Page 2 of 318 Next Regular Council Meeting is scheduled for February 14, 2023 NOTICE: Individuals planning to attend the in-person meeting who require an interpreter or special assistance to accommodate physical, hearing, or other impairments, need to contact the City Clerk at (509) 764-3703 or Deputy City Clerk at (509) 764-3713 at least 24 hours in advance of the meeting. *Please click the link below to join remote access: https://cityofml.zoom.us/j/83652426280 Or iPhone one-tap: US: +12532158782,,83652426280# or +13462487799,,83652426280# Or Telephone: Dial(for higher quality, dial a number based on your current location):US: +1 253 215 8782 or +1 346 248 7799 or +1 669 900 9128 or +1 646 558 8656 or +1 301 715 8592 or +1 312 626 6799 Webinar ID: 83652426280. International numbers available: https://cityofml.zoom.us/u/aelROcwuzZ ** Remote Citizen Comment or Public Hearings Remote speaker request forms must be completed by 3 p.m. on the day of the meeting. Moses Lake Council Packet 1-24-23, Page 3 of 318 Clerk Review https:/ /lfweb.cityofml. com/F orms/form/avsubmission?RemoveHead ... Council Staff Report Council Staff Report Submittal To: Allison Williams, City Manager From Kirsten Sackett For Agenda of: 1/24/2023 Subject Agenda Item Number:* 9488 Department Community Development Proceeding Type Closed Hearing Maple Landing Division No. 2 Planned Development District (PLN2022-0067) Submitter Comments This is informational only for the approver reviews. This will NOT be included in the final version. To be reviewed by: City Manager O Finance Fire 0 Police City Attorney Human Resources Community Development 0 Municipal Services Parks, Rec, & Cultural Services Expenditure Required: $ 0.00 Action Requested 1 of9 Amount Budgeted: $ 0.00 Appropriation Required: $ 0.00 1/20/2023, 2:44 PM Moses Lake Council Packet 1-24-23, Page 4 of 318 Clerk Review https:/ /lfweb. cityofml.com/F orms/form/avsubmission?RemoveHead ... Staff recommends City Council motion to ... Staff is requesting that City Council approve an Ordinance adopting the December 16, 2022 Hearing Examiner Recommended Findings of Fact, Recommended Conclusions of Law, Recommendation Conditions of Approval and Recommended Decision for the Maple Landing Division No. 2 Planned Development District (PLN2022-0067), allowing for the creation of a 26 lot Major Subdivision and Planned Development District within a 4.87 acre property identified under Assessor's Parcel Number 170478005. Packet Attachments (if any) 2 of9 1/20/2023, 2:44 PM Moses Lake Council Packet 1-24-23, Page 5 of 318 Clerk Review https://lfweb.cityofml.com/F orms/form/avsubmission?RemoveHead ... Upload in order of exhibit with identifiable file names Maple Landing Div No. 2 Vicinity Map.jpg PLN22-0067 Maple Landing PDD decision 12 16 22.pdf �==-�:a_�!:?$: "-,...-.:a•....:r -·----. ......... PLN22-0067 Maple Landing Subdivision decision 12 16 22.pdf "'�=--� ..... ----= ... -::-5 196.86KB 14.75MB 12.76MB PLN2022-0067 Maple Landing Division No. 2 Planned Developme... 21.88KB PLN2022-0067 Maple Landing Div 2 POD -Major Sub -Preliminary... 1.47MB 3 of9 1/20/2023, 2:44 PM Moses Lake Council Packet 1-24-23, Page 6 of 318 Clerk Review Overview 4of9 1!:'-i, I ".ii"�! If,-,� l;;lh� '.1 1 1 !. ! r?��;�:J�:Jij . L ·-·· -··-· ---- -I J •. ! ,fi·,·------------C.::::-:_'._---·-•-. i https://lfweb.cityofml.com/Forms/form/avsubmission?RemoveHead .. I I I i I 1/20/2023, 2:46 PM Moses Lake Council Packet 1-24-23, Page 7 of 318 Clerk Review https://lfweb.cityofinl.com/Forms/form/avsubmission?RemoveHead ... SummarY, The purpose of this closed record hearing is for City Council to consider an application for a Planned Development District associated with the proposed Maple Landing Division 2 Subdivision. This hearing is being held pursuant to the requirements of Chapter 18.67.110 and 20.06.030 of the Moses Lake City Code. Background On October 6, 2022, the City of Moses Lake Community Development Department received an application for a Planned Development District and Preliminary Major Subdivision -Maple Landing Division No. 2 Planned Development District (PLN2022-0067). The project includes a 26 lot Major Subdivision and Planned Development District within a 4.87 acre property within the R-2, Single-Family and Two (2) Family Residential, Zone (Exhibit A Maple Landing Division No. 2 Preliminary Plat). Lots average 5,000 square feet in area. The subdivision will be served with City infrastructure and improved to City standards. The property is located within the portion of Section 10, Township 19 North, Range 28 East, W.M. Grant County, Washington and identified as Assessor's Parcel No. 170478005 (Exhibit B Vicinity Map). The proposed preliminary plat is attached to the report as Exhibit A Maple Landing Division No. 2 Preliminary Plat. The materials that were provided to the Hearing Examiner during the open record public hearing are included within Exhibit C -Open Record Hearing Exhibits. Within Exhibit C there are 31 exhibits labeled Exhibits 1 thru 31. The staff report that was presented to the Hearing Examiner was entered into the record by the Hearing Examiner as Exhibit 31, making it the last exhibit within the exhibit packet. Under current City code, the proposal includes two separate applications, both of which constitute quasi-judicial land use applications. The first is the request for a Preliminary Major Subdivision. The second is the request for a Planned Development District (Exhibit D -Maple Landing Div 2 POD Hearing Examiner Recommendation) and Planned Development District Ordinance (Exhibit E) in which the following approved alternative standards shall be applied: 1.1 Minimum lot size (in square feet) -5,000 sqft 1.2 Minimum lot size for a comer lot (in square feet) -5,000 sqft 1.3 Minimum lot size for a two-family dwelling (in square feet) -5,000 sqft 1.4 Additional lot area per dwelling unit in excess of 2 dwelling units (in square feet) -zero 1.5 Minimum lot depth-100' 1.6 Minimum lot width 40' 1.7 Front yard and exterior side yard setback- living space-10' 1.8 Front yard and exterior side yard setback -Garage -20' 1.8 Front yard and exterior side yard setback-porches, covered entryways, and similar unenclosed building projections - 1 O' 5 of9 1/20/2023, 2:46 PM Moses Lake Council Packet 1-24-23, Page 8 of 318 Clerk Review https://lfweb.cityofml.com/Forms/fonn/avsubmission?RemoveHead ... 1.9 Interior side yard setback -75% 1.10 Rear yard setback -5' 1.11 Maximum height of primary structure -45' 1.12 Maximum height of detached accessory structure -25' The following conditions shall be applied: A.A minimum width of narrowest portion of main residential structure within the individual single family lots shall be 20'. B.No multifamily dwelling will be allowed. C.The applicant shall address and provide treatment of the perimeter of the planned development district, including materials and techniques used such as screens, fences, and walls. D.The applicant shall create an HOA association for the maintenance of common facilities. E.The applicant shall remit payment Fee in Lieu of Open Space Dedication pursuant MLMC 17 .27 .060. Such payment shall be applied to the off-site improvements shown as "green" within the Project Narrative. Estimated costs, final design, and landscaping plans compliant with MLMC Chapter 18.57 shall be transmitted to Community Development with the construction plan set for the subdivision. F.Each lot may have either a single family residence and an accessory dwelling unit or one duplex. No duplex may also have an accessory dwelling unit. G.The Applicant shall comply with all requirements of the November 23, 2022 MDNS that was not appealed. AnalY.sis The City code provides for different review and approval processes for the two applications. State statutes require that both applications "travel" together through the review process and that the city hold only one open record public hearing during which all evidence, testimony, and comment is received. Once the hearing is closed, the submission or consideration of additional evidence is not allowed. In other words, no additional information may be provided from any source, including the proponent, the public, or city staff. During the open record public hearing held before the Hearing Examiner, the applicant's agent Dave Dormier appeared and testified on behalf of the property owner Maple Landing LLC. No members of the public were in attendance. The request requires approval of the Preliminary Major Subdivision by the Hearing Examiner, and a recommendation from the Hearing Examiner to City Council regarding the Preliminary Planned Development District, with adoption of an ordinance by City Council. Current City code provides for review and decision of the Preliminary Major Subdivision by the Hearing Examiner (HE). The HE decision is appealable to Superior Court once it is a final decision. The 6 of9 1/20/2023, 2:46 PM Moses Lake Council Packet 1-24-23, Page 9 of 318 Clerk Review https://lfweb.cityofml.com/Forms/form/avsubmission?RemoveHead ... Planned Development District (POD) request is also reviewed by the HE, but the HE makes a recommendation to the City Council. The City Council makes the final decision which is also appealable to Superior Court. Because of the statutory requirements, the City Council is limited in its review and decision-making on the POD to conducting a closed record hearing during which the submission or consideration of new evidence is prohibited. The applicant, in this case submitted a consolidated application, and on December 13, 2022, an open record public hearing was held before the Hearing Examiner in accordance with Moses Lake Municipal Code (MLMC) 18.67.090. After the open record public hearing the HE reviewed the application, applicable codes and laws, testimony, and the evidence in order to reach a decision. On December 16, 2022, the Hearing Examiner rendered a decision of approval for the Major Subdivision application. This Decision has been included in the packet as Exhibit F -Maple Landing Div 2 Preliminary Subdivision Hearing Examiner Decision. The HE separately issued a recommendation of approval to the City Council for the PDD request that is being considered tonight (Exhibit D -Maple Landing Div 2 POD Hearing Examiner Recommendation). The Hearing Examiner's December 16, 2022 Recommended Findings of Fact, Recommended Conclusions of Law, Recommended Conditions of Approval and Recommended Decision is included as Exhibit D -Maple Landing Div 2 PDD Hearing Examiner Recommendation. The documents outlines the facts of the case and further describes the basis for a decision to recommend approval of the Planned Development District. The Recommended Conditions of Approval are found on page 18 of the document, with the Recommended Decision on page 19. Pursuant to City of Moses Lake Code 18.67.110 City Council Action, pursuant to Sections 20.09.030 and 2.08.100, the City Council shall consider and adopt or reject the ordinance with respect to the recommendations of the Hearing Examiner. Section 20.09.030 requires that a Council decision on the HE recommendation shall include one of the following actions: A.Approve as recommended B.Approve with additional conditions. C. Modify, with or without the applicant's concurrence; provided the modifications do no: a.Enlarge the area or scope of the project. b.Increase the density or proposed building size c.Significantly increase adverse environmental impacts as determined by the responsible official. D.Deny (reapplication or resubmittal is permitted) E.Deny with prejudice (reapplication or resubmittal is not allowed for one ( 1) year. F.Remand for further proceedings and/or evidentiary hearing in accordance with Section 20.09.080. 7 of9 1/20/2023, 2:46 PM Moses Lake Council Packet 1-24-23, Page 10 of 318 Clerk Review https://lfweb.cityofml.com/Fonns/fonn/avsubmission?RemoveHead ... .i;.,� ... a, Gil"' ruu ... y 111�11 ... GLIUll::t 1 rns aeveIopmem approval includes a SEPA mitigation for fire/ambulance. The city has documented, through its adopted capital facilities plan, the need for facilities and equipment to respond to the growth by providing an urban level of service. Other city utilities have a sytem investment fee where new development pays a fee into the backbone system. This SEPA mitigation represents that similar investment in the backbone urban service. Options and Results Approve, Authorize, or Adopt: Suggested Motion I move the Moses Lake City Council adopt Ordinance 3020 approving the December 16, 2022 Hearing Examiner Recommended Findings of Fact, Recommended Conclusions of Law, Recommendation Conditions of Approval and Recommended Decision for the Maple Landing Division No. 2 Planned Development District (PLN2022-0067), allowing for the creation of a 26 lot Major Subdivision and Planned Development District within a 4.87 acre property identified under Assessor's Parcel Number 170478005. Provide Amended Direction: Staff will bring back options for recommended changes. No Action Taken: The Planned Development District will not proceed. The applicant may withdraw and re-apply for subdivision without the benefits of the Planned Development District Submitted by: Nathan Pate 8 of9 Submitter Email npate@cityofml.com Submitted Date 1/18/2023 1/20/2023, 2:46 PM Moses Lake Council Packet 1-24-23, Page 11 of 318 Council Packet Attachments Exhibit A - Maple Landing Division No. 2 Preliminary Plat Exhibit B - Vicinity Map Exhibit C – Open Record Hearing Exhibits 1.PLN2022-0067 Maple Landing Div 2 PDD -Major Sub -Grant County Treasurer comments 2.PLN2022-0067 Maple Landing Div 2 PDD -Major Sub -original project narrative 8-8-2022 3.PLN2022-0067 Maple Landing Div 2 PDD -Major Sub -Plat cert Jacket 4.PLN2022-0067 Maple Landing Div 2 PDD -Major Sub -Published Notice 5.PLN2022-0067 Maple Landing Div 2 PDD -Major Sub -Subdivision Guarantee 6.PLN2022-0067 Maple Landing Div 2 PDD-Major Sub - DOE comment 10-27-2022 7.PLN2022-0067 Maple Landing Division 2 PDD and Major Sub Notice of Application and ODNS 10-7-2022 8.PLN2022-0067 Maple Landing Division 2 PP -Surveyor Review 10-26- 2022 9.PLN2022-0067 Maple Landing Div 2 Notice of Hearing 11-23-2022 10.PLN2022-0067 Maple Landing Div 2 PDD - Major Sub Development Engineer comments 11-24-2022 11.PLN2022-0067 Maple Landing Div 2 PDD - Major Sub Irrigation District comments 10-28-2022 12.PLN2022-0067 Maple Landing Div 2 PDD - Major Sub MDNS 11-23- 2022 13.PLN2022-0067 Maple Landing Div 2 PDD -Major Sub - Corrected project narrative 10-6-2022 14.PLN2022-0067 Maple Landing Div 2 PDD -Major Sub - Cultural Report 15.PLN2022-0067 Maple Landing Div 2 PDD -Major Sub - Final Fire Review 16.PLN2022-0067 Maple Landing Div 2 PDD -Major Sub - Fire Marshal prelim comments 17.PLN2022-0067 Maple Landing Div 2 PDD -Major Sub - GeoReport 18.PLN2022-0067 Maple Landing Div 2 PDD -Major Sub – Notice of Complete 19.PLN2022-0067 Maple Landing Div 2 PDD -Major Sub - Notice of Add Info 11-4-2022 Moses Lake Council Packet 1-24-23, Page 12 of 318 20.PLN2022-0067 Maple Landing Div 2 PDD -Major Sub – Planning comments 21.PLN2022-0067 Maple Landing Div 2 PDD -Major Sub - Pre Annex project narrative 22.PLN2022-0067 Maple Landing Div 2 PDD -Major Sub - prelim infrastructure 23.PLN2022-0067 Maple Landing Div 2 PDD -Major Sub - Preliminary Plat 24.PLN2022-0067 Maple Landing Div 2 PDD -Major Sub - PUD comments 25.PLN2022-0067 Maple Landing Div 2 PDD -Major Sub - SEPA Checklist 26.PLN2022-0067 Maple Landing Div 2 PDD -Major Sub - Stormwater Comments 27.PLN2022-0067 Maple Landing Div 2 PDD -Major Sub - TIA 28.PLN2022-0067 Maple Landing Div 2 PDD -Major Sub -Bldg Official comments 29.PLN2022-0067 Maple Landing Div 2 PDD -Major Sub -corrected project narrative 10-6-2022 30.PLN2022-0067 Maple Landing Div 2 PDD -Major Sub -Doc Plat cert 31.PLN2022-0067 Maple Landing Div 2 PDD -Major Sub – Staff Report Exhibit D – Maple Landing Div 2 PDD Hearing Examiner Recommendation Exhibit E – Ordinance Exhibit F - Maple Landing Div 2 Preliminary Subdivision Hearing Examiner Decision Moses Lake Council Packet 1-24-23, Page 13 of 318 Moses Lake Council Packet 1-24-23, Page 14 of 318 Moses Lake Council Packet 1-24-23, Page 15 of 318 Moses Lake Council Packet 1-24-23, Page 16 of 318 Moses Lake Council Packet 1-24-23, Page 17 of 318 Moses Lake Council Packet 1-24-23, Page 18 of 318 Moses Lake Council Packet 1-24-23, Page 19 of 318 Moses Lake Council Packet 1-24-23, Page 20 of 318 Moses Lake Council Packet 1-24-23, Page 21 of 318 Moses Lake Council Packet 1-24-23, Page 22 of 318 Moses Lake Council Packet 1-24-23, Page 23 of 318 Moses Lake Council Packet 1-24-23, Page 24 of 318 Moses Lake Council Packet 1-24-23, Page 25 of 318 Moses Lake Council Packet 1-24-23, Page 26 of 318 Moses Lake Council Packet 1-24-23, Page 27 of 318 Moses Lake Council Packet 1-24-23, Page 28 of 318 Moses Lake Council Packet 1-24-23, Page 29 of 318 Moses Lake Council Packet 1-24-23, Page 30 of 318 Moses Lake Council Packet 1-24-23, Page 31 of 318 Moses Lake Council Packet 1-24-23, Page 32 of 318 Moses Lake Council Packet 1-24-23, Page 33 of 318 Moses Lake Council Packet 1-24-23, Page 34 of 318 Moses Lake Council Packet 1-24-23, Page 35 of 318 Moses Lake Council Packet 1-24-23, Page 36 of 318 Moses Lake Council Packet 1-24-23, Page 37 of 318 Moses Lake Council Packet 1-24-23, Page 38 of 318 Moses Lake Council Packet 1-24-23, Page 39 of 318 Moses Lake Council Packet 1-24-23, Page 40 of 318 Moses Lake Council Packet 1-24-23, Page 41 of 318 Moses Lake Council Packet 1-24-23, Page 42 of 318 Moses Lake Council Packet 1-24-23, Page 43 of 318 Moses Lake Council Packet 1-24-23, Page 44 of 318 Moses Lake Council Packet 1-24-23, Page 45 of 318 Moses Lake Council Packet 1-24-23, Page 46 of 318 Moses Lake Council Packet 1-24-23, Page 47 of 318 Moses Lake Council Packet 1-24-23, Page 48 of 318 Moses Lake Council Packet 1-24-23, Page 49 of 318 Moses Lake Council Packet 1-24-23, Page 50 of 318 ORDINANCE 3020 AN ORDINANCE CREATING A PLANNED DEVELOPMENT (MAPLE LANDING) DISTRICT OF MOSES LAKE PURSUANT TO MOSES LAKE MUNICIPAL CODE 18.67 Recitals: 1. The purpose of the planned development district ordinance is to allow some flexibility in the design of clustered residential, commercial, or industrial uses with sufficient and appropriate collective open space or a mixture of such uses by permitting specificmodifications of the bulk and use regulations and performance standards of theunderlying zone(s) as applied to a particular parcel of land. 2. A planned development district is a floating district. Each approved planned development district is superimposed on the underlying zone to the extent that the planned development district shall modify and supersede the bulk and use regulations andperformance standards of the underlying zone. 3. A planned development district encourages flexibility in design and development thatwill result in a more efficient and desirable use of the land. 4. Whereas, a planned development district permits flexibility of design, placement of buildings, use of required open spaces, circulation facilities, open spaces, off-streetparking areas, and otherwise to better utilize the potentials of the site characterized byspecial features such as but not limited to geography, topography, or shape. 5. A planned development district provides for maximum efficiency in the layout of streets, utilities, and other public improvements. 6. A planned development district produces an integrated or balanced development ofmutually supportive uses that might be otherwise inharmonious or incongruous. 7. Pursuant to MLCM 18.67.030 (F) Findings of Fact, every decision or recommendationmade under this chapter by the Hearing Examiner or City Council shall be in writing and shall include findings of fact and conclusions to support the decision or recommendation. 8.The proposal is for a 26 lot Major Subdivision and Planned Development District withina 4.87 acre property within the R-2, Single-Family and Two (2) Family Residential,Zone. Lots average 5,000 square feet in area. The subdivision will be served with Cityinfrastructure and improved to City standards. The property is located within the portion of Section 10, Township 19 North, Range 28 East, W.M. Grant County, Washington and identified as Assessor’s Parcel No. 170478005. 9. The applicant and owner is Maple Landing LLC (Brandon Bernard), 2909 S Quillan St.Ste 146, Kennewick, WA 99337. 10. The agent is Dave Dormier with Erlandsen & Associates, 250 Simon St. SE, East Wenatchee, WA 98802. 11. Pursuant to 18.67.030 (B), the applicant has prepared and submitted planneddevelopment district application and map(s) shall be filed with the Community Moses Lake Council Packet 1-24-23, Page 51 of 318 Development Department on forms prescribed by the Community Development Department. Specifically, No. PLN2022-0067. 12. Pursuant to 18.67.030 (C), the applicant has prepared and submitted environmental information in accordance with the guidelines established under the State EnvironmentalPolicy Act of 1971, as amended, and Title 14 entitled "Environmental Regulations." Saidinformation is a part of and must accompany the planned development district applicationand map(s). 13. The City of Moses Lake issued a SEPA Mitigated Determination of Non-Significance (MDNS) on November 23, 2022. No appeal of the MDNS was pursued. 14. The public, agencies and departments with jurisdiction have been given the opportunityto review the proposal upon the completion of the public comment process. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. The attached described property shall be permitted to develop as Maple Landing Division No. 2 Planned Development District, as described in Legal Description Exhibit A as recorded with the Grant County Auditor and shall be named Maple Landing Planned Development District (PLN2022-0067). Section 2. Maple Landing Planned Development District consists of a 26 lot Major Subdivision and Planned Development District within a 4.87 acre property within the R-2, Single-Family and Two (2) Family Residential, Zone. Section 3. The Maple Landing Division No. 2 Planned Development District is located within the R-2 Residential zone. The zone is modified as follows: A.Minimum lot size (in square feet) - 5,000 sqftB.Minimum lot size for a comer lot (in square feet) - 5,000 sqftC.Minimum lot size for a two-family dwelling (in square feet) - 5,000 sqft D.Additional lot area per dwelling unit in excess of 2 dwelling units (insquare feet) - zeroE.Minimum lot depth- 100'F.Minimum lot width 40' G.Front yard and exterior side yard setback- living space- 10' H.Front yard and exterior side yard setback - Garage - 20'I.Front yard and exterior side yard setback- porches, covered entryways,and similar unenclosed building projections - 10'J.Interior side yard setback - 75% K.Rear yard setback - 5' L.Maximum height of primary structure - 45'M.Maximum height of detached accessory structure - 25' Moses Lake Council Packet 1-24-23, Page 52 of 318 N.A minimum width of narrowest portion of main residential structurewithin the individual single family lots shall be 20'. O.No multifamily dwelling will be allowed. P.The applicant shall address and provide treatment of the perimeter ofthe planned development district, including materials and techniquesused such as screens, fences, and walls.Q.The applicant shall create an HOA association for the maintenance of common facilities. R.The applicant shall remit payment Fee in Lieu of Open SpaceDedication pursuant MLMC 17.27.060. Such payment shall be appliedto the off-site improvements shown as "green" within the ProjectNarrative. Estimated costs, final design, and landscaping plans compliant with MLMC Chapter 18.57 shall be transmitted to Community Development with the construction plan set for thesubdivision.S.Each lot may have either a single family residence and an accessorydwelling unit or one duplex. No duplex may also have an accessory dwelling unit. T.The Applicant shall comply with all requirements of the November 23,2022 MDNS that was not appealed. U.The development shall be constructed essentially as conditioned andpresented to the Hearing Examiner and City Council. Section 4. Maple Landing LLC or their successor, in interest shall be bound to the uses and modifications specified in this ordinance. Development rights are conferred upon the applicant or applicant’s successor in interest upon the submission and approval of a final planned development district application and map(s). Section 5. Severability. If any section of this ordinance is found to be unconstitutional or invalid as written or as applied to any particular person or circumstances, no other section of the ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted independently and without regard to the section affected. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Section 7. Notice is hereby given that appeal of the land use decision shall be barred unless a petition requesting review is filed in the Superior Court of the State of Washington and properly served within twenty-one (21) days after th passage of this ordinance in accordance with Chapter 36.70C of the Revised Code of Washington. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on January 24, 2023. Moses Lake Council Packet 1-24-23, Page 53 of 318 _____________________________________ Don Meyers, Mayor ATTEST: ____________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: __________________________________ Katherine L. Kenison, City Attorney Vote: Martinez Swartz Myers Fancher Madewell Eck Skaug Aye Nay Abstain Absent Date Published: January 30, 2023 Date Effective: February 4, 2023 Moses Lake Council Packet 1-24-23, Page 54 of 318 Exhibit A TX# 7821 IN SWNW 10 19 28 TAX# 7821 THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., GRANT COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SUBDIVISION, A DISTANCE OF 445 FEET; THENCE WESTERLY PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 515 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WESTERLY PARALLEL TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, A DISTANCE OF 510 FEET, MORE OR LESS, TO A POINT ON THE EAST LINE OF THE USBR DRAIN, AS SHOWN ON PAGE 222-116-31616-38 OF THE PLAT OF IRRIGATION BLOCK 40, COLUMBIA BASIN PROJECT; THENCE NORTH 07°48' EAST ALONG THE EAST LINE OF SAID DRAIN, AND THE EXTENDED EAST LINE OF SAID DRAIN, A DISTANCE OF 450 FEET, MORE OR LESS, TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, THIS POINT BEING HEREBY DESIGNATED POINT 'A'; THENCE BEGINNING AGAIN AT THE TRUE POINT OF BEGINNING; THENCE NORTHERLY PARALLEL TO THE EAST LINE OF SAID SUBDIVISION, A DISTANCE OF 445 FEET, TO THE NORTH LINE OF SAID SUBDIVISION, THENCE WESTERLY ALONG SAID NORTH LINE A DISTANCE OF 450 FEET, MORE OR LESS TO SAID POINT 'A'. Moses Lake Council Packet 1-24-23, Page 55 of 318 © 2022 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS 6193 S.F. LOT : 11 6250 S.F. LOT : 10 6250 S.F. LOT : 9 6255 S.F. LOT : 8 20160 S.F. LOT : 7 5000 S.F. LOT : 15 5063 S.F. LOT : 14 6215 S.F. LOT : 12 5000 S.F. LOT : 3 5349 S.F. LOT : 6 5000 S.F. LOT : 5 5000 S.F. LOT : 4 6402 S.F. LOT : 259151 S.F. LOT : 26 6543 S.F. LOT : 1 5938 S.F. LOT : 24 5016 S.F. LOT : 2 5978 S.F. LOT : 21 5125 S.F. LOT : 20 8563 S.F. LOT : 19 5722 S.F. LOT : 23 5766 S.F. 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LOT : 18 S 4 4 ° 2 1 ' 1 5 " E 6 7 . 6 4 ' N6 3 ° 1 0 ' 2 3 " W 39. 2 3 ' N49°4 1'0 1" E 51.7 3'N36°02'53"E83.27'S5°33'27"W47.01'L88C23C24C25 LINE # L4 L19 L53 L67 L72 L88 LENGTH 15.22' 12.80' 38.47' 16.61' 26.41' 31.25' DIRECTION N42°41'19"W N45°35'47"E S69°40'21"W S50°08'26"E S29°38'12"W N25°47'26"W CURVE # C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 C13 C14 C15 C16 C17 C18 C19 C20 C21 C23 C24 C25 LENGTH 12.89' 39.62' 23.00' 2.00' 45.66' 37.16' 12.57' 27.52' 20.09' 21.77' 31.08' 29.71' 48.47' 25.54' 15.23' 23.26' 42.56' 14.14' 80.14' 13.67' 13.03' 20.10' 20.57' 20.36' RADIUS 9.00' 126.50' 126.50' 62.00' 62.00' 62.00' 62.00' 62.00' 62.00' 62.00' 58.50' 58.50' 58.50' 126.50' 73.50' 73.50' 58.50' 9.00' 58.50' 9.00' 9.00' 58.50' 58.50' 62.00' DELTA 82°03'58" 17°56'50" 10°25'08" 1°50'39" 42°11'45" 34°20'37" 11°36'43" 25°25'54" 18°33'49" 20°06'54" 30°26'33" 29°06'01" 47°28'27" 11°33'56" 11°52'08" 18°07'52" 41°41'16" 89°59'44" 78°29'16" 87°01'40" 82°55'45" 19°41'06" 20°09'02" 18°49'09" CHORD DIRECTION N13°01'50"W N19°01'45"E N4°50'46"E N1°17'08"W N23°18'20"W N61°34'31"W N84°33'11"W S76°55'31"W S54°55'40"W S16°46'10"W S8°30'34"E S78°06'58"E N63°35'48"E S23°51'14"W S23°42'08"W S8°42'08"W N19°00'56"E S45°21'40"E N41°04'20"W N36°48'07"W N48°10'35"E S33°34'23"E S53°29'27"E S36°14'11"W CHORD LENGTH 11.82' 39.46' 22.97' 2.00' 44.64' 36.61' 12.54' 27.29' 20.00' 21.65' 30.72' 29.39' 47.10' 25.49' 15.20' 23.16' 41.63' 12.73' 74.02' 12.39' 11.92' 20.00' 20.47' 20.27'C:\Users\neilm\appdata\local\temp\AcPublish_15196\20210387.0000-PLAT-GCO.dwg Jun 22, 2022 - 2:41pmSCALE: DATE: DRAWN BY: JOB NO: FILE NO: LAYOUT: BREWSTER CHELAN E. WENATCHEE (509)689-2529 (509) 682-4189 (509) 884-2562 TOLL FREE (800) 732-7442 SHEET OF http://www.erlandsen.com 21 20210387.0000 20210387.0000-PLAT-GCO.dwg PD 1"= 60' 6/1/2022 NMM 22964REGISTER E DSTATEOFWASHI N GTONPROFE S SIONAL LAND S U R VEYORWESL E Y A .POTR I DGEPRELIMINARY MAPLE LANDING LLC 2909 S QUILLAN ST STE 146, KENNEWICK, WA 99337 SITE MOSES LAKECITY OF MOSES LAKE VICINITY MAP N.T.S. 26.50' 117. 0 0'15.00'USBR WASTWAY26.50' 50.00'25.22'20.00'26.50'26.50'26.50'26.50'ROAD CFOUND 3 1/2" USBR BRASS CAP ON IRON PIPE NAVD 88 EL: 1144.23' USBR EL: 1142.86'ROAD CROAD BGRAPE DR NEHEMLOCK ROADROAD A MAPLE DR NE ROAD D ROAD E Moses Lake Council Packet 1-24-23, Page 56 of 318 C:\Users\neilm\appdata\local\temp\AcPublish_15196\20210387.0000-PLAT-GCO.dwg Jun 22, 2022 - 2:41pmSCALE: DATE: DRAWN BY: JOB NO: FILE NO: LAYOUT: BREWSTER CHELAN E. WENATCHEE (509)689-2529 (509) 682-4189 (509) 884-2562 TOLL FREE (800) 732-7442 SHEET OF http://www.erlandsen.com 22 20210387.0000 20210387.0000-PLAT-GCO.dwg PD 1"= 60' 6/1/2022 NMM 22964REGISTER E DSTATEOFWASHI N GTONPROFE S SIONAL LAND S U R VEYORWESL E Y A .POTR I DGEPRELIMINARY Moses Lake Council Packet 1-24-23, Page 57 of 318 MOSES LAKE CITY COUNCIL January 10, 2023 STUDY SESSION Homeless Sleep Center Feasibility Analysis ECONorthwest Project Manager Lee Ann Ryan and her team presented a summary of the Sleep Center Analysis. The summary provided an overview of the demographics, housing market, and potential sites, as well as results from recent community engagement. Opportunities and constraints were listed for three potential sleep center locations, as well as scenarios for capital upgrades and ongoing operation cost estimates. Next steps will be final report and recommendations for Council consideration. CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 6:30 p.m. by Mayor Myers with audio remote access. Special notice for remote attendance and citizen comment were posted on the meeting agenda. ROLL CALL Present: Mayor Myers; Deputy Mayor Martinez; Council Members Eck, Madewell, Swartz, and Skaug. Council Member Fancher was absent. Action Taken: Council Member Eck moved to excuse Council Member Fancher, second by Council Member Swartz. The motion carried 6 – 0. PLEDGE OF ALLEGIANCE Mayor Myers led the Flag Salute. AGENDA APPROVAL Council Member Madewell requested to move Consent Agenda item (c) 2022 Community Street and Utility Standards Resolution 3926 to New Business. Action taken: Council Member Eck moved to approve the agenda as amended, second by Council Member Swartz. The motion carried 6 – 0. SUMMARY REPORTS MAYOR’S REPORT Former Council Member Jim Liebrecht Remembrance Mayor Myers called for a moment of silence in remembrance of former Council Member Jim Liebrecht. City Manager Allison Williams presented a flower arrangement to widow and former Mayor Karen Liebrecht. Mrs. Liebrecht introduced family members in attendance and thanked them, staff, and members of the community for support and the moment for respecting their grievances. Reappoint Members to Lodging Tax Advisory Committee (LTAC), Law Enforcement Officers’ and Firefighters’ (LEOFF) Disability Board, and Mosquito District Board Mayor Myers recommended reappointment to seven positions that expired at the end of December for members interested in continuing to volunteer. Applications are under review Moses Lake Council Packet 1-24-23, Page 58 of 318 to fill for a Planning Commission vacancy at the next meeting. Applications are being accepted to fill LTAC vacancy by a resident that represents an agency who pays lodging tax. Action taken: Deputy Mayor Martinez moved to confirm reappointment of Chair/Council Member David Eck, Richard Hanover, Barry Lawson, and Tim Molitor to LTAC, second by Council Member Madewell. The motion carried 6 – 0. Action taken: Deputy Mayor Martinez moved to confirm reappointment of Council Member Judy Madewell to the LEOFF Board, second by Council Member Eck. The motion carried 6 – 0. Action taken: Deputy Mayor Martinez moved to confirm reappointment of Chris Blessing to the Mosquito District Board, second by Council Member Eck. The motion carried 6 – 0. Council Committee Assignment Review List of assignments were included in the meeting packet. Council concurred to keep all assignments “as is” for 2023. Wind Ensemble Performance January 24 at 6 p.m. Moses Lake High School students have been invited to perform at Carnegie Hall in April. Donation information is online for those interested in contributing to their trip. They are scheduled to do a benefit performance in the Civic Center Auditorium prior to the next Council meeting. Volunteer Recognition for Sleep Center Support Local business owner James Anderson and his family were recognized for the meals and supplies they have been providing to Sleep Center guest since its beginning in 2020. HopeSource staff were also present to express gratitude fortheir generosity. CITY MANAGER’S REPORT Grant County Health District 2023 Interlocal Agreement (ILA) Council authorized the annual renewal of services with an increase of $3.00 per capita during the 2023 Budget workshop. Action taken: Deputy Mayor Martinez moved to approve the Grant County Health District ILA, second by Council Member Eck. The motion carried 6 – 0. February Workshop with Nash Training City Manager Allison Williams is working on the schedule for a Council workshop to continue leadership training and discuss department work plans with staff next month. CLOSED HEARING #1 Sagepoint Planned Development District (PDD) Mayor Myers recited the opening statement for quasi-judicial proceeding for the consideration of the Hearing Examiners recommendations on the Sagepoint PDD for a 35-lot subdivision on 6.41 acres located south of Sagepoint Elementary School. Mayor and Council answered a series of questions by roll call vote to determine a fair and unbiased conduct. Community Development Director Kirsten Sackett provided an overview of the project for Council. Moses Lake Council Packet 1-24-23, Page 59 of 318 Testimony from CAD Homes representative Sara Praither began at 7:25 p.m. Residents Mark Trimble and Craig Dorsing repeated testimony provided during the Hearing Examiner hearing. Senior Planner Nathan Pate responded to questions from residents and Council. CAD Homes representative Drew Scott answered questions of Council Members. Mayor Myers closed the hearing at 7:50 p.m. Action taken: Council Member Eck moved to reject the November 22, 2022, Hearing Examiner Recommended Findings of Fact, Recommended Conclusions of Law, Recommendation Conditions of Approval and Recommended Decision for the Sagepoint Planned Development District (PLN2022- 0014), allowing for construction of 35 single-family units on the 6.41 acres of property identified under Assessor's Parcel Number 090337000. Furthermore, Council moves to delete Finding of Fact No. 20 and substitute with Findings of Fact No. 21-34, instruct staff to prepare an Ordinance for adoption, and upon return, the City Council vote to approve the Ordinance. Second by Council Member Swartz. The motion carried 6 – 0. CONSENT AGENDA #2 a. City Council meeting minutes dated December 13, 2022, and January 3, 2023b.Electronic Transfer: n/a Checks: #158848 - 159181 $ 4,702,585.77 Payroll Checks: #64887 – 64903 - $6,374.11 (12/9/22)#64904 – 64917 - $5,540.45 (12/23/22)Electronic Payments: Direct Deposit - $528,173.80 (12/9/22) $526,026.80 (12/23/22) c.moved to New Business d. 2023 Fee Schedule Update Resolution 3927e.Valley Rd. Apartments Easement Resolution 3928f.City Legislative Meeting Calendarg. Kenison Franz Contract Amendment h. Rolluda Consultants Contract Amendment i.RH2 Electrical Engineering Amendmentj.DOH Associates Contract Amendmentk.Award Westshore Biofilter Projectl.Award Milwaukee and AeroTEC Water Main Project m.Accept Well 34 Pump Test Project n.Accept Nelson Road Path Project Action taken: Council Member Eck moved to approve the Consent Agenda as amended, second by Deputy Mayor Martinez. The motion carried 6 – 0. OLD BUSINESS #3 City Legislative Agenda The proposed Legislative Agenda reflects the city ’s key initiatives on Water Infrastructure, Police Reform, Infrastructure Funding, Maintaining and Expanding Flexibility of Funding Sources, and a Community Services Center Construction. Following questions from several Council on the name for a new building and Police Chief Kevin Fuhr provided assurance that it will be the Moses Lake Police Station, with Moses Lake Council Packet 1-24-23, Page 60 of 318 Community Services Building under the main building purpose of police station. Action taken: Deputy Mayor Martinez moved to approve the City Legislative Agenda as presented, second by Council Member Eck. The motion carried 6 – 0. NEW BUSINESS #4 2022 Community Street and Utility Standards Resolution 3926 Council pulled from consent so inquire about the process for adopting local standards. Community Street and Utility Standards changes occur on an annual or biannual basis and reflect changes from the Washington State Department of Transportation / Washington State Standard Specifications document. The current update reflects pertinent changes due to the state’s update as well as detailed drawings to reflect public works input on current materials preferences and construction methods. Questions were asked about changes from City Council approval to City Engineer. These changes reflect Council direction to streamline permitting processes and timelines. Action taken: Council Member Eck moved to adopt Resolution 3926 as presented, second by Council Member Swartz. The motion carried 6 – 0. #5 Police Imprest Account Increase Resolution 3929 The Police Department regularly exceeds the current limit of $2,000 during fundraising events held throughout the year. Staff recommends increasing the fund to $10,000 as an adequate balance to collect donations that are directly spent back to community needs. Action taken: Council Member Eck moved to adopt Resolution 3929 as presented, second by Council Member Swartz. The motion carried 6 – 0. ADMINISTRATIVE REPORTS AWC Workers Comp Refund Human Resources Director Shannon Springer shared that this is a voluntary financial incentive program that helps employers reduce their industrial insurance costs through improved claims experience and refunds. The city has been awarded a refund check in the amount of $131,179 for the 2019 retro year. She is working on expanding existing division safety programs to a citywide program. Hearing Examiner Annual Report The Hearing Examiner report summarized recommendations provided on 18 cases regarding variance, conditional use, preliminary planned development district, subdivision, rezone, and non-conforming use applications. He commended Community Development staff for their diligence and professionalism in the presentation of reports to conduct the hearings. Parks Recreation & Cultural Services Director Council Members Eck and Madewell participated in the interviews conducted for final two candidates on Monday. Announcement of the successful candidate is planned for January 24. Moses Lake Council Packet 1-24-23, Page 61 of 318 Larson Recreation Center Ribbon Cutting Staff will coordinate the formal ribbon cutting of the new facility on February 14. AWC Action Days City Manager Allison Williams asked Council to advise staff if they are able to attend the legislative action days on February 15 and 16 in Olympia. This is an annual opportunity to meet with legislatures to discuss funding priorities and network with other local agency officials. COUNCIL COMMUNICATIONS AND REPORTS Council Member Swartz reiterated discussions on the need to increase water rights and improve water conservation have continued during the Council Community Development, Municipal Services, and Parks Committee meetings. Council Member Eck advised the Airport Commissioners and staff are working diligently to complete assigned tasks for operations at the airport. Council Member Skaug is getting really good feedback from the community for services in the community development/building department. Council Member Eck echoed these comments. Deputy Mayor Martinez shared that there were good conversations during Council Finance Committee earlier today. Mayor Myers attended Grant Transit Authority Board meeting. Two of the new electric buses have been delivered and are in final inspection before being put in service and the other two buses are in route for delivery. EXECUTIVE SESSION Mayor Myers called an Executive Session at 8:45 p.m. for 60 minutes to discuss Property Sale or Lease and Evaluation of a Public Employee, pursuant to RCW 42.30.110(1) subsections (c) and (g) with no business to follow. ADJOURNMENT The regular meeting was adjourned at __________________ p.m. ______________________________________ Don Myers, Mayor ATTEST____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 1-24-23, Page 62 of 318 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Allison Williams, City Manager 9512 Madeline Prentice Finance 1/24/2023 Consent Agenda Disbursement report since January 10, 2023 City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 3,548,734.51$3,548,734.51$0.00$ Approve payment of claims as presented. The following amounts were budgeted, and sufficient funds were available to cover these payments: Electronic Transfer: 204-205 - $1,915.99 Checks: 159182 - 159426 - $3,024,968.74 Payroll Checks: 64920 - 64941 - $13,793.99 Electronic Payments: Direct Deposit - 1/06/2023 - $508,055.79 Vouchers - 01.24.2023.pdf 131.8KB Moses Lake Council Packet 1-24-23, Page 63 of 318 Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: RCW 42.24 governs the process for audit and review of claims and payroll payments for the City. RCW 42.24.180 requires the review and approval of all payments at a regularly scheduled public meeting on at least a monthly basis. The State Budgeting, Accounting and Reporting Systems (BARS) Manual outlines the above format for approval by the City Council. RCW 42.24.080 requires that all claims presented against the City by persons furnishing materials, rendering services or performing labor must be certified by the appropriate official to ensure that the materials have been furnished, the services rendered, or the labor performed as described, and that the claims are just, due and unpaid obligations against the City. RCW 42.24.180 allows expedited processing of the payment of claims when certain conditions have been met. The statute allows the issuance of warrants or checks in payment of claims before the legislative body has acted to approve the claims when: (1) the appropriate officers have furnished official bonds; (2) the legislative body had adopted policies that implement effective internal control; (3) the legislative body has provided for review of the documentation supporting the claims within a month of issuance; and (4) that if claims are disapproved, they shall be recognized as receivables and diligently pursued. The City meets all these conditions. To comply with the requirements, Finance staff schedule payment of claims and payroll for semi-monthly Council approval on the Consent Agenda. The payments listed in the schedule cover all claims and payroll payments during the period prior to the date of the Council meeting. All payments made during this period were found to be valid claims against the City. Details are attached and any questions should be directed to the City Manager or Finance Director. The City's internal controls include certification of the validity of all payments by the appropriate department prior to submission for payment. The Finance Director has delegated authority for the examination of vouchers and authorization of payments to the Finance, Accounts Payable, and Payroll staff. All payments are reviewed and validated. The Finance Division regularly reviews it processes to ensure appropriate internal controls are in place. Options and Results Approve N/A Staff would recognize claims as receivables and pursue collections. Moses Lake Council Packet 1-24-23, Page 64 of 318 TOTALS BY FUND: FUND NO FUND NAME AMOUNT 001 GENERAL FUND 402,435.34 102 TOURISM 9,530.27 103 GRANTS AND DONATIONS 6,706.50 110 HOMELESS SERVICES 120,192.72 114 PATHS/TRAILS ‐ 116 STREET 86,696.40 119 STREET REPR/RECON ‐ 286 REFUNDING GO BONDS 2015 ‐ 314 PARK & RECREATION IMPROVEMENTS 109,448.78 315 PARK MITIGATION CAPITAL PROJECTS ‐ 410 WATER/SEWER 77,826.36 450 2011 BOND FUND ‐ 452 2004 BOND FUND ‐ 471 WATER RIGHTS 500.00 477 WATER SEWER CONSTRUCTION 203,247.77 487 2015 GO BONDS REDEMPTION ‐ 490 SANITATION 349,863.41 493 STORM WATER 2,289.84 495 AIRPORT 257.53 498 AMBULANCE 46,736.56 501 UNEMPLOYMENT COMPENSATION INSURANCE 375.00 503 SELF‐INSURANCE 1,372,631.00 517 CENTRAL SERVICES 123,184.62 519 EQUIPMENT RENTAL 85,319.20 528 BUILDING MAINTENANCE 28,457.24 611 FIRE PENSION ‐ 623 DEPOSIT ‐ 631 STATE 1,186.19 TOTAL 3,026,884.73$ City of Moses Lake Tabulation of Claims Paid‐Summary by Fund Council Meeting Date‐ 01/24/2023 Moses Lake Council Packet 1-24-23, Page 65 of 318 Check Name Check Amount Check Date Invoice Description 204 Dept Of Retirement Systems 1,252.55 01/06/2023 December 2022 NLEC Reporting 205 Dept of Revenue‐ EFT 663.44 12/31/2022 Q4 2022 Leasehold Tax 159182 Grant County Water Conservancy Board 500.00 01/04/2023 Water Rights Application Fee 159183 Chris Campbell 322.00 01/06/2023 Compost Conference Jan 2022 159184 Jennifer Schober 79.00 01/06/2023 WMCA Audit Committee. January 2023 159185 Renie A Arana 22.00 01/06/2023 De‐Escalation Training Jan 2023 159186 Alaina Morgan/Petty Cash Fund 605.03 01/06/2023 Petty Cash Replenishment 159187 Ian Campbell 15.00 01/06/2023 Fuel in Patrol Vehicle 159188 Ignacio DeLeon 227.63 01/06/2023 Boot Reimbursement 159189 Kyle Mccain 750.70 01/06/2023 Replenish Controlled Buy Money 159190 Pape Machinery 627.95 01/06/2023 Retainage Release 528.2022.01 159191 Pegram Construction 1,313.43 01/06/2023 Stolen Meter Reimbursement 159192 Roger Thornton 102.00 01/06/2023 CDL Endorsement Reimbursement 159193 Washington State Treasurer 1,249.11 01/06/2023 State Remittance‐ Date Ending 11.30.22 159194 Hopesource 99,486.54 01/09/2023 Homeless Pro Services 159195 Cities Digital, Inc.10,121.78 01/09/2023 56040 Balance 159196 Hector Barajas 216.79 01/11/2023 2023 Union Boot Allotment 159197 Mike Williams 327.75 01/11/2023 Tasercon Travel Per Diem 2023 159198 A & H Printers Inc 63.96 01/12/2023 B. Sypert Cards 159199 A M Hardware Company Inc 1,092.54 01/12/2023 2022 Locks 159200 Abc Hydraulics 25.24 01/12/2023 Fire Hose Nozzles/Return Oil Gauge 159201 Affordable Auto Repair Inc 155.55 01/12/2023 Undercover Vehicle Maintenance 159202 Ag Supply Ace Hardware 38.74 01/12/2023 2022 Maintenance Supplies 159203 Amazon Capital Services, Inc.9,078.15 01/12/2023 Office Supplies 159204 Assoc Of Washington Cities 20,700.00 01/12/2023 2023 Membership 159205 Autodesk, Inc.6,086.67 01/12/2023 Hydraulic Modeling Software 2023 159206 AV Labs, Inc.60.00 01/12/2023 2022 Bacteriological Analyses 159207 Badger Meters Inc 525.80 01/12/2023 Meter Read Services Dec 2022 159208 Basin Propane LLC 75.36 01/12/2023 Propane @ Sleep Center 159209 Basin Septic Services Inc 1,530.47 01/12/2023 Service @ Sleep Center 159210 Bound Tree Medical LLC 4,250.85 01/12/2023 Medical Supplies 159211 Bud Clary Ford LLC 449.31 01/12/2023 2022‐ Truck Key Fob 159212 Callyo 2009 Corp.3,921.40 01/12/2023 2023‐ Callyo Subscription Renewal 159213 Central Wash Asphalt Inc 43,942.50 01/12/2023 2022 Snow Plowing 159214 Centurylink 55.41 01/12/2023 206‐T03‐6229 331B 12.23.22 159215 CHS Inc 30,620.51 01/12/2023 2022 Fuel for Vehicles Dec. 2022 159216 Cobies Fine Dry Cleaning 69.44 01/12/2023 Dec22 Dry Cleaning 159217 Columbia Basin Development League 1,000.00 01/12/2023 2023 Membership 159218 Columbia Basin Herald 537.51 01/12/2023 Ordinance Advertising 159219 Columbia Bearing Bdi 78.03 01/12/2023 2022 DT Components/Oil Seals Eq#431 159220 Connell Oil 547.39 01/12/2023 2022 Diesel Exhaust Fluid‐Fire 159221 Consolidated Disposal Service 33,284.57 01/12/2023 Disposal Load/Fuel Surcharge/Refuse Tax 159222 Copiers Northwest Inc 2,168.54 01/12/2023 Equipment Contract Fees 159223 Corporate Translation Services, LLC 30.33 01/12/2023 Translation Services December 22 159224 CSWW, Inc 283.10 01/12/2023 2022 Maintenance Supplies 159225 Databar Inc 2,209.10 01/12/2023 Mail Utility Bills 159226 Devries Information Mgmt 92.00 01/12/2023 On Site Record Destruction 159227 Dobbs Peterbilt‐ Moses Lake 1,571.14 01/12/2023 2022 Diagnostic Troubleshooting & Repair Eq#289 159228 Empire Insignias 275.00 01/12/2023 2022‐ Patches 159229 EMS Technology Solutions, LLC 227.20 01/12/2023 *2022* Narcotic Tracking Software 159230 ESO Solutions Inc 16,599.68 01/12/2023 *2023* Reporting Software 159231 Fastenal Company 125.91 01/12/2023 Warming Packs for Sleep Center 159232 Ferrellgas 242.35 01/12/2023 2022 Propane Eq#595 City of Moses Lake Checks Issued with Summary Description For January 24, 2023 Council Meeting Moses Lake Council Packet 1-24-23, Page 66 of 318 159233 Galls LLC 502.63 01/12/2023 2022‐Uniform 159234 Grainger Parts Operations 1,541.76 01/12/2023 2022 Janitorial Supplies 159235 Grant County Elections 24,894.79 01/12/2023 Election Costs‐ City Portion 159236 Grant County Health District 309.00 01/12/2023 Food Service Permit‐2023 159237 H D Fowler Company 490.75 01/12/2023 2022 Hose Adapters/ Clow Medallions 159238 Harris Computers Inc 25,137.35 01/12/2023 Cloud9 Subscription 2023 159239 Heartland Agriculture, LLC 123.74 01/12/2023 Maintenance Supplies 159240 Helena Agri‐Enterprises LLC 1,186.89 01/12/2023 Maintenance Supplies 159241 Idexx Distribution, Inc.1,198.45 01/12/2023 2022 Sealer Care 159242 IFP, Inc 12,870.00 01/12/2023 Security @ Sleep Center 159243 Jerrys Auto Supply 702.49 01/12/2023 2022 Batteries Eq#082 W/O 58537 159244 Jims Lock Service LLC 50.08 01/12/2023 2023‐ Key copies 159245 Kaman Fluid Power LLC 12.56 01/12/2023 Ice Rink Maintenance Supplies 159246 Kelley Connect 130.36 01/12/2023 Equipment Contract Fees 159247 L N Curtis & Sons 681.79 01/12/2023 *2022* SCBA Cylinder repair kits 159248 Lakeside Disposal, Inc 25.67 01/12/2023 Recycling @ Fire‐ Dec 22 159249 Lance, Soll & Lunghard, LLP 15,768.75 01/12/2023 Nov/Dec 2022 Finance Pro Services 159250 Leon & Keeble, Inc 71,996.03 01/12/2023 Larson Rec Center Project. 159251 Matthew Sullivan 52.98 01/12/2023 2022 Museum Expense 159252 McKesson Medical‐Surgical 22.43 01/12/2023 *2022* Ambulance supplies 159253 Modern Building Systems, Inc 894.31 01/12/2023 Rental @ Sleep Center 2/1‐3/1/2023 159254 Moon Security Services Inc 750.66 01/12/2023 Security @ Annex/Museum/LRC Jan2023 159255 Moses Lake Steel Supply 129.44 01/12/2023 2022 Maintenance Supplies 159256 Motion Industries, Inc 466.10 01/12/2023 Ball Bearing Take‐up units 159257 Multi Agency Comm Center E911 61,756.25 01/12/2023 2023‐ January MACC Law Calls 159258 Nicholls Kovich Engineering, PLLC 3,940.00 01/12/2023 Alder Street Causeway SHV Bridge 159259 Norco Enterprises Inc 637.03 01/12/2023 2022 First Aid Kits 159260 North Central Laboratories 19.66 01/12/2023 2022 QA/QC Standard 159261 Northland Cable Television, Inc 104.95 01/12/2023 Internet Backup Dec 22 159262 Northstar Chemical Inc 3,850.00 01/12/2023 2022 Sodium Hypochlorite Well #8 159263 Nw Weekend Getaways LLC 3,735.00 01/12/2023 LTAC Expense‐ 2022 159264 NYS Child Support Prosessing Center 184.61 01/12/2023 2301 Child Support Gilmartin 159265 Oasis Auto Spa 466.40 01/12/2023 2022 Dec Car Washes 159266 OPUS Management Solutions 6,325.00 01/12/2023 Customer Service Support 159267 Oreilly Auto Parts 290.27 01/12/2023 2022 Fuel Driver Module 159268 OSW Equipment & Repair, LLC 127.51 01/12/2023 2022 Gauges 159269 Oxarc Inc 20.89 01/12/2023 2022 Gloves 159270 Pasco Tire Factory, INC 124.04 01/12/2023 2022 Wheel Alignment 159271 Perteet, Inc.30,259.22 01/12/2023 Moses Lake Administrative Support 159272 Pow Contracting 199,344.43 01/12/2023 Northshore Lift Station. GC2021‐035 159273 Pro Touch Car Wash & Auto Detail LLC 8.40 01/12/2023 2022 Dec Car Washes 159274 Protect Youth Sports 31.52 01/12/2023 Background Checks 159275 Public Risk Management Association, INC 385.00 01/12/2023 PRIMA Membership 2023 159276 Public Safety Testing Inc 890.00 01/12/2023 Subscription Fees Q4 2022 159277 Pud Of Grant County 51,502.37 01/12/2023 8978438422 12.29.22 Elec Services 159278 Pumptech, LLC 22,554.16 01/12/2023 2022 Pump Repair 159279 Qcl Inc 522.00 01/12/2023 Random Drug Testing 159280 Quality Control Services Inc 365.00 01/12/2023 2022 On‐Site Service/Travel Charges 159281 Renew 3,000.00 01/12/2023 MLCC Q4 2022 159282 Rexel USA 336.25 01/12/2023 2022 Misc Supplies 159283 Sage Control Ordinance, Inc 1,461.75 01/12/2023 2022‐ TRT Dam supplies 159284 Schindler Elevator Corp 357.59 01/12/2023 2023 Elevator Maintenance Contract 159285 Sea Western Inc 6,195.36 01/12/2023 *2022* Bunker gear ‐ Lyons, Masters 159286 SHI International, Inc 21,249.85 01/12/2023 Server Equipment PO 22‐61 159287 Shirtbuilders Inc 761.10 01/12/2023 City Logo Gear‐ 003/002/004 159288 Signs Now/A&W Farris LLC 837.43 01/12/2023 *2022* ART GRANT ‐ Bronco Signage 159289 Sirennet.Com 34,402.88 01/12/2023 2022 Emergency Lighting E 159290 Smarsh Inc 84.58 01/12/2023 Professional Archive‐ Dec 22 159291 SoftResources, LLC 2,400.00 01/12/2023 RFP Management 2022 Moses Lake Council Packet 1-24-23, Page 67 of 318 159292 South Central Washington Municipal Clerks 50.00 01/12/2023 Debbie, Jen Membership 159293 Special Services Group LLC 650.40 01/12/2023 2023 Covert Track Services 159294 Teleflex LLC 334.41 01/12/2023 Ambulance Equipment 159295 Transunion Risk & Alternative 96.04 01/12/2023 2022‐ Dec22 Transunion 159296 Trilogy Medwaste West, LLC 39.00 01/12/2023 Medical Waste disposal 159297 Uline 307.43 01/12/2023 Foam Boards 159298 Ups Freight 70.60 01/12/2023 Weekly Service Fees 159299 UPS Store 2469 209.68 01/12/2023 Postage 159300 Usa Blue Book 381.03 01/12/2023 2022 Tubing/Ball Valves 159301 Util Undrgrnd Location Center 41.28 01/12/2023 2022 Locates Dec. 2022 159302 Vista Svc Towing/William Bjork 1,344.16 01/12/2023 2022 Towing 159303 Wa Cities Insurance Authority 1,372,246.00 01/12/2023 Liability 2023 159304 Washington State Association of Fire Chiefs 450.00 01/12/2023 *2022* Training registration ‐ Deering 159305 Washington State Patrol 119.25 01/12/2023 Background Checks 159306 Weinstein Beverage Company 79.75 01/12/2023 Parks Office Water (2022) 159307 Western Integrated Technologies, Inc 417.17 01/12/2023 2022 Misc Supplies 159308 Wstoa 100.00 01/12/2023 TRT Team Membership Renewal 159309 Zoll Medical Corp 404.71 01/12/2023 Medical Supplies 159310 Aliakse Navwvenka 189.00 01/17/2023 Museum Consignment Sales 159311 Brenda Abney 618.00 01/17/2023 Interview Travel Reimbursement 159312 Kyle Mccain 3,800.00 01/17/2023 Replenish Controlled Buy Monies 159313 Philip Hanson 128.00 01/17/2023 Reimburse Employee for CDL Physical 159314 Washington State Department of Ecology 50.00 01/17/2023 WW Treatment Cert‐ Justin Akerley 159315 Gabe DeLeon 254.73 01/18/2023 2023 Boot Allotment 159316 Aaron Hintz 236.50 01/18/2023 Training Per Diem Week 1 of 3 159317 Jose Perez 22.00 01/18/2023 Training Per Diem 159318 Joshua Buescher 259.00 01/18/2023 Training Per Diem 1.2023 159319 Miranda Martinez 333.00 01/18/2023 Firearms Training Per Diem 159320 Santiago Reyna 259.00 01/18/2023 Training Per Diem 1.2023 159321 Yonatan Mengist 259.00 01/18/2023 Training Per Diem 1.2023 159322 Juan Rodriguez 236.50 01/18/2023 Training Per Diem 1.2023 159323 Levi Bisnett 322.00 01/19/2023 Compost Conference Per Diem 2023 159324 AAA Washington 2,500.00 01/19/2023 LTAC Expense ‐ 2022 159325 Active Network LLC 16,569.18 01/19/2023 Software Refresher Virtual 159326 Affordable Auto Repair Inc 151.91 01/19/2023 Drug Seizure Vehicle Maintenance 159327 Agri‐Fix, LLC 379.78 01/19/2023 2022‐ Evidence Vehicle Tow Bill 159328 Alicia M. Hicks 52.50 01/19/2023 Museum Consignment Sales 159329 Amazon Capital Services, Inc.5,417.04 01/19/2023 Parks Dept ‐ Dec 2022 159330 Anderson Group, Inc 5,662.27 01/19/2023 SNS Maintenance Small Equipment 159331 Andrea Johnson 87.50 01/19/2023 Museum Consignment Sales 159332 Angela Hunt 32.55 01/19/2023 Museum Consignment Sales 159333 Anna Enriquez 42.00 01/19/2023 Museum Consignment Sales 159334 Axon Enterprise Inc 4,301.31 01/19/2023 Axon Body Cameras 159335 Barbara Nickerson 39.20 01/19/2023 Museum Consignment Sales 159336 Battery Systems Inc 168.07 01/19/2023 2023 C‐4 Battery 159337 Bound Tree Medical LLC 3,944.33 01/19/2023 *2022* Medical Supplies 159338 Brian Zinke 4.20 01/19/2023 Museum Consignment Sales 159339 Callyo 2009 Corp.326.79 01/19/2023 Callyo Subscription 159340 Cascade Natural Gas Corp 2,831.13 01/19/2023 Dec22 gas 159341 Cdw Government 52,252.19 01/19/2023 Monitor Stands 159342 Certified Folder Display Service, Inc 2,445.27 01/19/2023 LTAC Expense ‐ 2022 159343 Columbia Basin Herald 404.23 01/19/2023 Planning Advertisement 12/2022 159344 Copiers Northwest Inc 47.38 01/19/2023 Equipment Contract Fees 159345 CSWW, Inc 11.61 01/19/2023 2023 Screws/fasteners 159346 Danna Dal Porto 140.00 01/19/2023 Museum Consignment Sales 159347 Dee Dee Dressen 66.50 01/19/2023 Museum Consignment Sales 159348 Elizabeth Grimsrud 158.90 01/19/2023 Museum Consignment Sales 159349 Equifax / Talx UC Express Inc 375.00 01/19/2023 Unemployment Claims Management 159350 Evergreen Rural Water Of Wa 700.00 01/19/2023 2023 Membership Dues Moses Lake Council Packet 1-24-23, Page 68 of 318 159351 Fastenal Company 382.73 01/19/2023 2023 Hi‐Viz T Shirts 159352 Ferguson Enterprises Inc #3007 191.57 01/19/2023 2023 Diaphragm Kit 159353 Frances Wood 12.60 01/19/2023 Museum Consignment Sales 159354 Galls LLC 921.68 01/19/2023 Uniform 159355 Gary W. Nichols 70.00 01/19/2023 Museum Consignment Sales 159356 Gokeyless 1,128.21 01/19/2023 2023 Wireless Antenna Kits 159357 Grainger Parts Operations 55.83 01/19/2023 2023 Door Reinforcer 159358 Grant Co Solid Waste 48,316.07 01/19/2023 Landfill Dumping Fees Dec 22 159359 Grant County Health District 78,120.00 01/19/2023 2023 City Contributions 159360 Hajoca Corp 45.52 01/19/2023 2023 Relief Valve/CPVC CPLG 159361 Health Care Authority 4,457.58 01/19/2023 2020 GEMT Final Settlement 159362 Helena Agri‐Enterprises LLC 3,730.71 01/19/2023 Maintenance Supplies 159363 Home Depot Credit Services 2,100.42 01/19/2023 Home Depot Statement December 22 159364 IFP, Inc 4,095.00 01/19/2023 Security @ Sleep Center 159365 International Association of Chiefs of Police 190.00 01/19/2023 Fuhr 2023 Dues 159366 Jan Lynn Popp 157.50 01/19/2023 Museum Consignment Sales 159367 Jerrys Auto Supply 134.00 01/19/2023 2023 Misc Filters/Wiper Blades 159368 Jims Lock Service LLC 322.23 01/19/2023 2023 Keys/Rekey/Lever Entry 159369 John Peterson 265.30 01/19/2023 Museum Consignment Sales 159370 John W Lawton 6.30 01/19/2023 Museum Consignment Sales 159371 Judy Rice 56.00 01/19/2023 Museum Consignment Sales 159372 Karen Condon 250.00 01/19/2023 Ceremony Pies 159373 Kassandra Wiggum 35.00 01/19/2023 Museum Consignment Sales 159374 Katherine Da Silva 84.35 01/19/2023 Museum Consignment Sales 159375 Kathleen Parr 105.00 01/19/2023 Museum Consignment Sales 159376 Kelley Connect 682.31 01/19/2023 Equipment Contract Fees 159377 Kim Wheaton 10.50 01/19/2023 Museum Consignment Sales 159378 Kottkamp & Yedinak, P.L.L.C.1,977.50 01/19/2023 Planning Pro Services 159379 L N Curtis & Sons 12,113.79 01/19/2023 *2022* RIT Pack 159380 Lad Irrigation Company Inc 446.72 01/19/2023 2022 PVC Pipe 159381 Lake Auto Parts 71.68 01/19/2023 2023 Credit Memo W/O 58585 159382 Lakeside Disposal, Inc 268,198.09 01/19/2023 December Hauls 2022 159383 Leanne M. Hickman 129.50 01/19/2023 Museum Consignment Sales 159384 Lee Ann St Clair 56.70 01/19/2023 Museum Consignment Sales 159385 Lexipol LLC 12,625.38 01/19/2023 Annual Policy Manual 159386 Lisa Kay Dorsing 168.02 01/19/2023 Council Photos 159387 Logical Concepts, Inc.152.00 01/19/2023 2023 OmniBeacon 1‐Yr. Service 159388 Lowes 7,084.60 01/19/2023 Lowes Statement December 2022 159389 Maria Morales 129.50 01/19/2023 Museum Consignment Sales 159390 Martin Schempp 45.50 01/19/2023 Museum Consignment Sales 159391 Meghanne Davis 44.10 01/19/2023 Museum Consignment Sales 159392 Michael Reed 16.10 01/19/2023 Museum Consignment Sales 159393 Miette Nichole Dahlgren 56.00 01/19/2023 Museum Consignment Sales 159394 Moses Lake Steel Supply 75.19 01/19/2023 Maintenance Supplies 159395 Moses Lake Towing 284.99 01/19/2023 2022 Towing Eq#034 159396 Oreilly Auto Parts 4.76 01/19/2023 2023 Fuel Filter Eq#516 W/O58585 159397 Outdoor Power & Repair 188.46 01/19/2023 Auger Housing Guard/Snowblower Skid 159398 Patricia A Mcafee 11.20 01/19/2023 Museum Consignment Sales 159399 Patrick Fleming 91.00 01/19/2023 Museum Consignment Sales 159400 Paula J. Zanter‐Stout 59.50 01/19/2023 Museum Consignment Sales 159401 Phyllis Pufahl 70.00 01/19/2023 Museum Consignment Sales 159402 Protect Youth Sports 32.85 01/19/2023 2022 Recreation Expense 159403 Pud Of Grant County 51,192.19 01/19/2023 720320000 Elec. Services Dec 2022 159404 Quill Corporation 494.99 01/19/2023 Finance/UB Supplies 159405 R&M Hansen, Inc 146.45 01/19/2023 Laundry Services @ Sleep Center 159406 Redflex Traffic Systems Inc 47,701.93 01/19/2023 2022‐ December redflex 159407 RH2 Engineering Inc.3,903.34 01/19/2023 On‐Call Engineering Services Dec22. 159408 Richland Research Corporation 965.50 01/19/2023 2023 Free‐Flow Blocks 159409 Rolluda Architects, Inc.8,082.31 01/19/2023 Professional Services Police Building Moses Lake Council Packet 1-24-23, Page 69 of 318 159410 Sharon Goldfine 45.50 01/19/2023 Museum Consignment Sales 159411 Sharon R Morley 4.90 01/19/2023 Museum Consignment Sales 159412 Shirtbuilders Inc 253.66 01/19/2023 2023 Safety Clothing 159413 Sirennet.Com 7,656.55 01/19/2023 2022 Emergency Lighting 159414 Spokane Television, Inc.850.00 01/19/2023 2022 LTAC Expense 159415 State Auditors Office 4,353.75 01/19/2023 Finance Audit December 22 159416 Systems Design West, LLC 6,074.76 01/19/2023 EMS Billing December 2022 159417 Target Solutions Learning 9,658.46 01/19/2023 Crew Scheduling Software 159418 The DOH Associates 4,035.50 01/19/2023 LRC Pro Services 159419 The Driftmier Architects Ps 15,660.42 01/19/2023 Larson Recreation Center Design 159420 Ups Freight 32.30 01/19/2023 Weekly Service Fees 159421 Verizon Wireless 11,208.72 01/19/2023 Cell Services Dec 2022 159422 Wapro 25.00 01/19/2023 Maslen WAPRO 2023 Membership 159423 Washington Municipal Clerks Association 600.00 01/19/2023 WMCA Conference Registration 159424 Weinstein Beverage Company 101.50 01/19/2023 Drinking water 159425 Wenatchee Valley Hospital 97.00 01/19/2023 New Hire Physical Exam 159426 William Scotsman, Inc 1,896.02 01/19/2023 Building Rental @ Sleep Center 3,026,884.73$ Moses Lake Council Packet 1-24-23, Page 70 of 318 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Allison Williams, City Manager 9458 Madeline Prentice Finance 1/24/2023 Consent Agenda Establish new fund - Opioid Abatement City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ Approve resolution to establish Fund #111 - Opioid Abatement. RESOLUTION NO xxxx - Establish Opioid Abatement fund.docx 15.49KB In April, 2022, Council authorized participation in a Memorandum of Understanding (MOU) between the City and One Washington in a settlement against the major pharmaceutical companies that manufacture, distribute and dispense prescription opioids. The MOU imposes certain obligations on the City for the use of the funds received for the treatment, support and prevention of opioid misuse. As such, we are requesting to establish a separate Special Revenue Fund for receipt of the allocated funds and tracking of expenditures related to the prescribed uses of the funds. All funds received from the opioid settlement over the life of the program will be receipted and disbursed from this new fund to ensure compliance with the MOU, the State Auditor's Office BARS manual requirements and any subsequent reporting requirements that should arise. Options and Results Adopt resolution to establish the Opioid Abatement fund. Staff will bring back options for recommended changes. Staff will establish separate accounts in an existing Special Revenue fund to track the funds received and expended under the MOU.Moses Lake Council Packet 1-24-23, Page 71 of 318 RESOLUTION NO. 3930 A RESOLUTION TO ESTABLISH A NEW FUND TO BE ENTITLED “OPIOID ABATEMENT”. Recitals: 1. The Moses Lake City Council authorized participation in an agreement between One Washington and the City of Moses Lake in a settlement against majorpharmaceutical companies that manufacture, distribute, and dispense prescriptionopioids. 2. The MOU imposes certain obligations on the City for the use of the funds. 3. RCW 43.09.200 authorizes the state auditor to prescribe a uniform system ofaccounting. 4. The State Auditor’s Office Budgeting, Accounting, and Reporting System (BARS), Section 3.1.1 provides requirements and guidance for the specific fund typesand accounting principles to be used by local governments. Resolved: 1. The City Council of the City of Moses Lake hereby authorizes the FinanceDirector to establish a new fund entitled “OPIOID ABATEMENT” (Fund #111) forthe deposit of and subsequent expenditure of the funds received under the agreementbetween One Washington and the City of Moses Lake. ADOPTED by the City Council on January 24, 2023. ________________________________________ Don Myers, Mayor ATTEST: _________________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 1-24-23, Page 72 of 318 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Allison Williams, City Manager 9495 Shannon Springer Human Resources 1/24/2023 Consent Agenda 2023 Salary Schedule - Budget Supplement City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ Adopt Pay Matrix for 2023 - Pay Matrix will become addendum to 2023 approved annual budget. 2023 Non Represented Pay Matrix.pdf 409.12KB On November 22, 2022, the City Council approved the 2023 Annual Budget. Salaries and Wages approved in the annual budget incorporated a 4.0% Cost of Living Adjustment (COLA) and 2.5% step increase (which per policy states “if the employee receives a satisfactory performance evaluation a PAF will be created for advancement to the next salary step increment in accordance with the current pay plan). The 2023 pay matrix is being presented for adoption as part of the 2023 Annual Budget to represent the step increase calculations based on the approved budget. The 2022 pay matrix adoption supports the salaries and wages included in the 2022 Annual Budget. Options and Results Pay Matrix will become addendum to 2023 approved annual budget. Staff will bring back options for recommended changes. n/a Moses Lake Council Packet 1-24-23, Page 73 of 318 Grade A B C D E F G H I J K L Grade 3 $0.00 $17.39 $17.83 $18.27 $18.73 $19.19 $19.67 $20.17 $20.66 $21.18 $21.72 $22.26 3 4 $17.83 $18.27 $18.73 $19.19 $19.67 $20.17 $20.66 $21.18 $21.72 $22.26 $22.82 $23.39 4 5 $18.73 $19.19 $19.67 $20.17 $20.66 $21.18 $21.72 $22.26 $22.82 $23.39 $23.96 $24.57 5 6 $19.67 $20.17 $20.66 $21.18 $21.72 $22.26 $22.82 $23.39 $23.96 $24.58 $25.18 $25.81 6 7 $20.66 $21.18 $21.72 $22.26 $22.82 $23.39 $23.96 $24.58 $25.18 $25.81 $26.46 $27.12 7 8 $21.72 $22.26 $22.82 $23.39 $23.96 $24.58 $25.19 $25.81 $26.46 $27.12 $27.80 $28.50 8 9 $22.82 $23.39 $23.96 $24.58 $25.18 $25.81 $26.46 $27.12 $27.80 $28.50 $29.21 $29.93 9 10 $23.96 $24.58 $25.19 $25.81 $26.46 $27.12 $27.80 $28.50 $29.21 $29.93 $30.68 $31.45 10 11 $25.18 $25.81 $26.46 $27.12 $27.80 $28.50 $29.21 $29.93 $30.68 $31.45 $32.24 $33.05 11 12 $26.46 $27.12 $27.80 $28.50 $29.21 $29.93 $30.68 $31.45 $32.24 $33.05 $33.86 $34.70 12 13 $27.80 $28.50 $29.21 $29.93 $30.68 $31.45 $32.24 $33.05 $33.86 $34.70 $35.58 $36.47 13 14 $29.21 $29.93 $30.68 $31.45 $32.24 $33.05 $33.86 $34.70 $35.58 $36.47 $37.39 $38.32 14 15 $30.68 $31.45 $32.24 $33.05 $33.86 $34.70 $35.58 $36.47 $37.39 $38.32 $39.27 $40.26 15 16 $32.24 $33.05 $33.86 $34.70 $35.58 $36.47 $37.39 $38.32 $39.27 $40.26 $41.27 $42.30 16 17 $33.86 $34.70 $35.58 $36.47 $37.39 $38.32 $39.27 $40.26 $41.27 $42.30 $43.36 $44.44 17 18 $35.58 $36.47 $37.39 $38.32 $39.27 $40.26 $41.27 $42.30 $43.36 $44.44 $45.55 $46.70 18 19 $37.39 $38.32 $39.27 $40.26 $40.64 $42.30 $43.36 $44.44 $45.55 $46.70 $47.85 $49.05 19 20 $39.27 $40.26 $41.27 $42.30 $43.36 $44.44 $45.55 $46.70 $47.85 $49.05 $50.27 $51.53 20 21 $41.27 $42.30 $43.36 $44.44 $45.55 $46.70 $47.85 $49.05 $50.27 $51.53 $52.82 $54.14 21 22 $45.55 $46.70 $47.85 $49.05 $50.27 $51.53 $52.82 $54.14 $55.49 $56.88 $58.31 $59.76 22 23 $50.27 $51.53 $52.82 $54.14 $55.49 $56.88 $58.31 $59.76 $61.26 $62.78 $64.36 $65.97 23 24 $55.49 $56.88 $58.31 $59.76 $61.26 $62.78 $64.36 $65.97 $67.62 $69.32 $71.04 $72.82 24 25 $61.26 $62.78 $64.36 $65.97 $67.62 $69.32 $71.04 $72.82 $74.63 $76.49 $78.42 $80.38 25 26 $67.62 $69.32 $71.04 $72.82 $74.63 $76.49 $78.42 $80.38 $82.38 $84.44 $86.56 $88.72 26 Grade A B C D E F G H I J K L Grade 2023 Moses Lake Hourly Wage Schedule (Non-Represented Employees) WITH 4% COLA EFFECTIVE 1/1/2023 Moses Lake Council Packet 1-24-23, Page 74 of 318 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Allison Williams, City Manager 9513 Shannon Springer Human Resources 1/24/2023 Old Business Employee Handbook - Updated 2/1/23 City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ Adopt Resolution to approve the updated Employee Handbook effective February 1, 2023. Employee Handbook eff. 2.1.23 revised 1.19.23.pdf 1.64MB 2023 Employee Handbook Summary of Edits.pdf 56.63KB RESOLUTION XXXX - 2023 Updated Employee Handbook.docx 19.29KB The City established an Employee Handbook by Resolution 3874 on January 25, 2022. The Employee Handbook is reviewed annually based on updates to policies and current laws. The handbook presented has been updated and will be effective February 1, 2023. The handbook will be provided to staff to review and acknowledge. Fiscal and Policy Implications n/a Options and Results Approve, Authorize, or Adopt: Adopt resolution to approve the Employee Handbook update. Provide Amended Direction: Staff will bring back options for recommended changes. Moses Lake Council Packet 1-24-23, Page 75 of 318 No Action Taken: n/a Moses Lake Council Packet 1-24-23, Page 76 of 318 CITY OF MOSES LAKE EMPLOYEE HANDBOOK Updated February 1, 2023 City Council Resolution XXXX 1/4/2023 Moses Lake Council Packet 1-24-23, Page 77 of 318 Employee Handbook Updated 2/1/23 Page | 2 Table of Contents CHAPTER 1 - PURPOSE, SCOPE, AND DEFINITIONS 5 1.1 INTRODUCTION 5 1.2 INTENT OF POLICIES 5 1.3 SCOPE OF POLICIES 5 1.4 CHANGING THE POLICIES 5 1.5 ADMINISTRATION OF THE PERSONNEL SYSTEM 6 1.6 DEFINITIONS 6 CHAPTER 2 - GENERAL POLICIES AND PRACTICES 9 2.1 EQUAL EMPLOYMENT OPPORTUNITY 9 2.2 REASONABLE ACCOMMODATION OF DISABILITIES 9 2.3 REASONABLE ACCOMMODATION OF RELIGIOUS BELIEFS 9 2.4 ANTI-HARASSMENT POLICY, INCLUDING SEXUAL HARASSMENT 9 2.5 LIFE THREATENING/COMMUNICABLE DISEASES 12 2.6 WHISTLEBLOWER POLICY 12 2.7 WORKPLACE VIOLENCE AND WEAPONS PROHIBITION 14 2.8 EMPLOYMENT REFERENCES 16 2.9 EMPLOYEE PERSONNEL RECORDS 16 CHAPTER 3 - EMPLOYMENT PRACTICES 18 3.1 RECRUITMENT AND SELECTION 18 3.2 EMPLOYMENT OF RELATIVES (NEPOTISM) 18 3.3 HIRING PROCEDURE 19 3.4 PROBATIONARY PERIOD 21 3.5 EMPLOYMENT STATUS 21 3.6 PROMOTIONS 22 CHAPTER 4 - EMPLOYEE RESPONSIBILITIES AND CONDUCT 23 4.1 GENERAL CODE OF CONDUCT 23 4.2 OUTSIDE EMPLOYMENT AND CONFLICTS OF INTEREST 25 4.3 ANTI-DISRUPTION POLICY 25 4.4 SMOKE-FREE WORKPLACE 25 4.5 POLITICAL ACTIVITIES 26 4.6 CITY PROPERTY / PERSONAL POSSESSIONS / PRIVACY LIMITATIONS 26 CITY PROPERTY/PRIVACY LIMITATIONS 26 PERSONAL PROPERTY 27 Moses Lake Council Packet 1-24-23, Page 78 of 318 Employee Handbook Updated 2/1/23 Page | 3 WIRELESS COMMUNICATION DEVICES 27 NETWORK USAGE 28 4.7 AUTOMOBILE USAGE 32 DRIVER APPROVAL STANDARDS 33 DRIVER ORIENTATION & TRAINING 35 4.8 COMMERCIAL DRIVER’S LICENSE (CDL) 36 4.9 CORPORATE CREDIT CARD 37 4.10 SUBSTANCE ABUSE 39 4.11 ACCIDENT PREVENTION AND SAFETY 52 4.12 PROFESSIONAL APPEARANCE 53 4.13 ACCEPTANCE OF GIFTS 55 4.14 DISPUTE RESOLUTION 55 CHAPTER 5 – EMPLOYEE DEVELOPMENT 57 5.1 PERFORMANCE EVALUATIONS AND DISCUSSIONS 57 5.2 EMPLOYEE RECOGNITION 58 5.3 PROFESSIONAL ASSOCIATIONS AND CERTIFICATIONS 59 5.4 TRAINING 59 CHAPTER 6 - ATTENDANCE AND HOURS OF WORK 60 6.1 CITY BUSINESS HOURS – ESTABLISHED WORK WEEK 60 6.2 TELECOMMUTING 60 6.3 MEAL PERIODS AND BREAKS 61 6.4 LACTATION BREAKS 61 6.5 OVERTIME/COMSPENSATORY TIME 61 6.6 CALL-BACK 62 6.7 CALL-IN 62 6.8 TARDINESS AND ABSENTEEISM 62 6.9 INCLEMENT WEATHER – EMERGENCY DECLARATION 63 CHAPTER 7 - COMPENSATION 65 7.1 SALARY ADMINISTRATION 65 7.2 WORK AT A HIGHER CLASSIFICATION 66 7.3 MANAGEMENT AND CLASSIFICATION OF POSITIONS 66 7.4 PAYDAYS 66 7.5 TRAVEL AND BUSINESS EXPENSES 67 CHAPTER 8 - BENEFITS 75 Moses Lake Council Packet 1-24-23, Page 79 of 318 Employee Handbook Updated 2/1/23 Page | 4 8.1 INTRODUCTION 75 8.2 RETIREMENT BENEFITS 75 8.3 GROUP LIFE AND LONG-TERM DISABILITY INSURANCE 75 8.4 TEMPORARY LIGHT DUTY 76 8.5 HEALTH INSURANCE 76 8.6 UNEMPLOYMENT COMPENSATION 79 8.7 SAFETY FOOTWEAR 79 8.8 CITY APPAREL 79 8.9 EMPLOYEE IDENTIFICATION BADGES 79 8.10 WELLNESS COMMITTEE AND EMPLOYEE PROGRAM 80 8.11 WORKERS’ COMPENSATION PROGRAM 80 CHAPTER 9 - LEAVES 82 9.1 HOLIDAYS 82 9.2 ANNUAL VACATION ACCRUAL 83 9.3 SICK LEAVE 84 9.4 WASHINGTON FAMILY CARE ACT 86 9.5 SHARED LEAVE 87 9.6 BEREAVEMENT LEAVE 89 9.7 JURY DUTY/COURT APPEARANCE 89 9.8 FAMILY AND MEDICAL LEAVE (FMLA) 90 9.9 WASHINGTON PAID FAMILY AND MEDICAL LEAVE 95 9.10 ADMINISTRATIVE LEAVE 97 9.11 MILITARY LEAVE & RETURNED VETERAN RE-EMPLOYMENT 98 9.12 MATERNITY / PARENTAL / FAMILY LEAVE 99 9.13 DOMESTIC VIOLENCE / SEXUAL ASSAULT LEAVE 100 9.14 LEAVE OF ABSENCE WITHOUT PAY 101 9.15 FURLOUGH 102 9.16 FLEX-TIME 102 CHAPTER 10 - DISCIPLINE AND TERMINATION 104 10.1 CORRECTIVE AND DISCIPLINARY ACTION 104 10.2 RETALIATION 106 10.3 TERMINATION 107 10.4 RE-HIRING OF LAYOFFS 107 10.5 EXIT INTERVIEW 108 10.6 RETURN OF CITY PROPERTY 108 10.7 FINAL PAYCHECK 108 Moses Lake Council Packet 1-24-23, Page 80 of 318 Employee Handbook Updated 2/1/23 Page | 5 CHAPTER 1 - PURPOSE, SCOPE, AND DEFINITIONS 1.1 INTRODUCTION The City of Moses Lake places the highest value on its employees. As an employee of the City of Moses Lake (“City”), you are among an elite group of people who have chosen public service as a career field. Because it is vital for an employee to consistently contribute to the overall level of service provided by the City, the City designed this employee handbook to give you the foundation to formulate your personal plan of how you best represent the City. The City believes that clear, consistent personnel policies contribute to greater employee engagement. All employees are required to be familiar with these policies. If questions arise, please begin a discussion with your supervisor or department director. Employees are encouraged to offer ideas or suggestions for improvement of these policies. These personnel policies serve as a general guide to the City’s current employment practices and procedures. These policies also describe the compensation, benefits, and other support provided by the City. 1.2 INTENT OF POLICIES Although the City desires long-term employment relationships, it is recognized this may not always occur and either the employer or employee may decide to terminate employment. Unless specific rights are granted in employment contracts, civil service rules, or collective bargaining agreements, all employees of the City are considered at-will employees and may be terminated from City employment at any time, with or without cause and with or without notice. No supervisor, department director, or representative of the City, other than the City Manager, has authority to enter into any agreement with an employee for employment for any specified period or duration, or to make any written or verbal commitments to the contrary. It is the City’s intent to provide a summary of the City’s general policies and procedures; they should be considered as a total set of working procedures rather than interpreting each section, subsection, sentence, or phrase separately and out of context. 1.3 SCOPE OF POLICIES These personnel policies apply to all City employees. In cases where these policies conflict with any Civil Service rules and regulations, provisions of a collective bargaining agreement, the Moses Lake Police Department’s Policies & Procedures Manual, City ordinance or state or federal law, the terms of that law, rule, or agreement prevail. In all other cases, these policies apply. In the event of the amendment of any ordinance, rule, or law incorporated in this document or upon which these provisions rely, these personnel policies shall be deemed amended in conformance with those changes. These policies are not intended to address every aspect of your employment in detail. In some cases, details may be found in other controlling documents, such as the summary plan descriptions of benefit plans. 1.4 CHANGING THE POLICIES As the need arises, the City Council may modify these policies, and by ordinance or resolution, may enact changes to compensation or benefit levels. The City Manager may deviate from these policies in particular situations, especially in an emergency, to achieve the primary Moses Lake Council Packet 1-24-23, Page 81 of 318 Employee Handbook Updated 2/1/23 Page | 6 mission of serving the City’s citizens. These policies supersede any prior policies or handbooks. Employees may request specific changes to these policies by submitting suggestions to their department director or the City Manager. These policies do not create an employment contract, expressed or implied contract rights for employees, nor do they create a promise or guarantee or specific treatment in a specific situation. The City retains the right to administer or implement these policies appropriate to the situation or occurrence. The City also retains the right to revise, supplement, or rescind these policies without prior notice to employees. However, union representatives for the respective bargaining units representing City employees will be given a copy of any proposed changes to these policies prior to implementation. 1.5 ADMINISTRATION OF THE PERSONNEL SYSTEM These policies and the City’s personnel system shall be administered as follows: City Council: Adopts the budget, which includes adjustments to employee salaries, benefits, authorization for positions, and training appropriations. City Manager: Responsible for implementing and interpreting these personnel policies. The City Manager is responsible for the final decision on hiring, termination, and discipline of all employees (RCW 35A.13.080). The City Manager shall inform the Council of any personnel matters that might affect the City legally. Department Directors: Responsible for administering their own department in accordance with these policies and any applicable laws. Directors are responsible for recommending the hiring, discipline, and termination of their employees, subject to approval by the Human Resources Director with final approval by City Manager. Human Resources Director: Administers the personnel system on behalf of the City Manager, provides interpretation of these policies, and advises the City Manager and Department directors on personnel matters. 1.6 DEFINITIONS At-will Employee: Unless specific rights are granted to an employee in a collective bargaining agreement, civil service rules, or written employment agreement, an employee of the City may be terminated at any time, with or without cause and with or without notice. City: The City of Moses Lake. City Facility: Any property that is owned or leased by the City. Except as otherwise provided herein, the term does not include City parks, parking lots, sidewalks, or streets. Class/Classification: Systematic arrangement of job titles into categories according to positions sharing similar job functions and/or responsibilities. A representative sample of the City’s classification system includes classifications such as Management, Technical/Professional, Skilled Trades. Moses Lake Council Packet 1-24-23, Page 82 of 318 Employee Handbook Updated 2/1/23 Page | 7 COBRA Rights: Federal law which permits employees who are terminating from City employment to continue eligible group medical coverage at their personal expense for a specified period determined by federal law. Department Director: An employee responsible for directing one or more City departments or divisions. Emergency: A circumstance that, if not immediately addressed, may cause injury or damage to persons or property. Emergency Declaration: An emergency declaration is carried out by the City Manager/Mayor and the City’s continuity of operations plan would be implemented which would require definition of essential and non-essential employees. Employee Assistance Program: A program designed to assist City employees and their family members to seek advice or solve problems through professional counseling. Exempt Employee: An employee who does not receive overtime pay for all hours worked more than 40 hours per week as provided in the Fair Labor Standards Act (FLSA) and Washington Minimum Wage Act (WMWA) because the employee works in a bona fide executive, administrative, professional, or other overtime exempt capacity covered by the FLSA and WMWA. Human Resources: The City’s Human Resources Department. Immediate Family Member: Includes the following: spouse, registered domestic partner, parent (whether biological, adoptive, foster, step-child, or child for whom employee stands in loco parentis, is a legal guardian for, or is a de facto parent and regardless of age or dependency status), child (whether biological, adoptive, foster, step-child, or child for whom employee stands in loco parentis, is a legal guardian for, or is a de facto parent and regardless of age or dependency status), sibling, mother or father-in-law, brother or sister in-law, son or daughter-in-law, grandparent, grandchild, step parent, step child, step brother or sister, any relative who lives in the employee’s home, or other person for whom the employee has caretaker responsibility. Other exceptions may be authorized solely at the discretion of the City Manager. Inclement Weather: An event of nature that adversely impacts the safety of citizens or employees. Typically, such situations are the result of unusual, severe weather including, but not limited to, excessive snow, ice storms, floods, blizzards, and extreme heat and wind conditions. Non-exempt Employee: An employee who receives overtime pay for hours worked beyond 40 hours in a standard work week in accordance with the Fair Labor Standards Act (FLSA) and Washington Minimum Wage Act. The amount of overtime pay is one and one-half times the regular rate of pay for hours worked above 40 in a workweek, unless provided otherwise in a bargaining agreement. Moses Lake Council Packet 1-24-23, Page 83 of 318 Employee Handbook Updated 2/1/23 Page | 8 Non-represented Employee: An at-will employee who is not a member of a bargaining unit and is not represented by a bargaining agent in matters of wages, hours, and working conditions. Other Part-time Employee: Other part-time employee includes seasonal, on-call, and other part-time non-benefited employees (regularly averages less than 20 work hours per week). Protected Status: A category by which people qualify for a special protection by a law, policy, or similar authority. Represented Employee: An employee who is a member of a bargaining unit and represented by a bargaining agent in matters of wages, hours, and working conditions. Retirement: An employee who retires from service and is eligible to receive retirement benefits through the Department of Retirement Systems (DRS). Temporary Employee: An employee hired to work a fixed or flexible schedule of hours for a specified period, or an employee who is hired on an intermittent, seasonal or as-needed basis, as provided in Section 3.5. Veteran: A person who has served in any branch of the armed forces of the United States and who has received an honorable discharge. Weapon: Any object, instrument, or incendiary device which is (1) designed in such a manner to inflict harm or injury to another person, or (2) used in a manner threatening harm or injury to another person. This shall include, but not be limited to firearms, knives (not including pocket- knives with blades less than 3 inches in length), Chaco sticks and blackjacks. Moses Lake Council Packet 1-24-23, Page 84 of 318 Employee Handbook Updated 2/1/23 Page | 9 CHAPTER 2 - GENERAL POLICIES AND PRACTICES 2.1 EQUAL EMPLOYMENT OPPORTUNITY The City of Moses Lake is an equal opportunity employer. It is the City’s policy that there is no discrimination against any person based on race, color, religion, sex, sexual orientation, gender identification, national origin, age (over 40), marital status, pregnancy, disability, veteran’s status, genetic information, or any other status protected by federal, state or local law. This policy extends to all areas of employment and to all recruitment, selection, placement, promotion, job assignment, compensation, disciplinary measures, demotions, layoffs, job terminations, testing, training, awards, benefits, daily working conditions, and all other terms and conditions of employment. The City strives to foster and maintain a harmonious non-discriminatory working environment. Conduct that is discriminatory will not be tolerated and will be cause for disciplinary action, up to and including termination. 2.2 REASONABLE ACCOMMODATION OF DISABILITIES The City complies fully with its duties under applicable federal and state law to provide disabled employees with reasonable accommodation. Any employee who has a physical or mental impairment and who desires some form of reasonable accommodation should provide notice to the Human Resources Department. Upon receiving such notice, the Human Resources Department, on behalf of the City, will begin an interactive process with the employee to ascertain what accommodations, if any, may be appropriate. 2.3 REASONABLE ACCOMMODATION OF RELIGIOUS BELIEFS The City complies fully with its duty to provide a reasonable accommodation of any employee’s sincerely held religious beliefs. If an employee desires an accommodation such as, for example, a modified work schedule, particular days off for religious observance, or to dress in a manner that varies from a dress code adopted by the City or its departments, that employee must contact the Human Resources Department to request accommodation. The City will seek to provide reasonable accommodation unless doing so would constitute an undue hardship or would be contrary to the City’s commitment to equal opportunity for all employees. 2.4 ANTI-HARASSMENT POLICY, INCLUDING SEXUAL HARASSMENT The City of Moses Lake is committed to ensuring that the practices and conduct of all its employees comply with the requirements of federal and state laws against unlawful harassment, discrimination, and retaliation. It is the policy of the City of Moses Lake that all employees have the right to work in an environment free from unlawful harassment based upon being in the protected class status. Any unlawful harassment of employees in the workplace, whether by co- workers, supervisors or third parties, will not be tolerated by the City of Moses Lake. For the purpose of this policy, “sexual harassment” is unwelcome behavior of a sexual nature that affects terms and conditions of employment. Sexual harassment includes: Moses Lake Council Packet 1-24-23, Page 85 of 318 Employee Handbook Updated 2/1/23 Page | 10 1. Sexual advances and other verbal or physical conduct where submission to the advances or conduct is made a term or condition of employment or is used as the basis for employment decisions, and 2. Unwelcome verbal or physical conduct of a sexual nature, or motivated by a person’s gender, that interferes with an employee’s work or creates a hostile, intimidating, or offensive work environment. Some examples of behavior that could constitute or contribute to sexual harassment include but are not limited to: 1. Unwelcome or unwanted flirtations, propositions, or advances. This includes patting, pinching, brushing up against, hugging, cornering, kissing, fondling, putting one’s arm around another, or any other similar physical contact considered unacceptable by another individual. 2. Requests or demands for sexual favors. This includes subtle or blatant expectations, pressures, or requests for any type of sexual favor accompanied by an implied or stated promise of preferential treatment or negative consequences concerning an individual’s employment. 3. Verbal abuse or kidding that is sexual in nature and considered unacceptable by another individual. This includes comments about an individual’s body or appearance when such comments go beyond an isolated innocuous compliment; off-color jokes or offensive language; or any other tasteless, sexual comments, innuendoes, or offensive actions, including leering, whistling, or gesturing. 4. Participation in fostering a work environment that is generally intimidating, hostile, or offensive because of unwelcome or unwanted sexual in nature conversation, office décor, suggestions, requests, demands, physical contacts, or attention. For the purpose of this policy, “other harassment” (nonsexual) is defined as verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of such individual’s protected status or characteristics such as his/her race, color, religion, gender, national origin, age, marital status, military status, sexual orientation, gender identity, genetic information, disability or any other status that is protected that: 1. Has the purpose or effect of creating an intimidating, hostile, or offensive work environment. 2. Has the purpose or effect of unreasonably interfering with an individual’s work or performance; or 3. Otherwise adversely affects an individual’s employment opportunities. All issues noted above may constitute harassment whether taken place on or off duty if it has an impact on the work environment. Some examples of behavior that could constitute or contribute to harassment include but are not limited to: using epithets, slurs, or negative stereotypes; threatening, intimidating, or engaging in hostile acts that relate to protected status or characteristics such as those referred to above; jokes or pranks that refer to or denigrate a protected status; or placing on walls, bulletin boards, or elsewhere on the work premises or circulating in the workplace written, electronically transmitted, or graphic material that denigrates or shows hostility or aversion toward a person or group because of a protected characteristic. Moses Lake Council Packet 1-24-23, Page 86 of 318 Employee Handbook Updated 2/1/23 Page | 11 COMPLAINT PROCESS An employee who feels harassed should immediately tell the offending individual how they feel and ask them to stop. If that does not work or if the employee is uncomfortable confronting the offending individual, the employee should report the incident promptly. A complaint can be made verbally or in writing to the Human Resources Director. In the alternative, as the employee may wish, the complaint may be brought to the attention of the City Manager or City Attorney. If an employee brings the complaint to the attention of another supervisor or manager, the supervisor or manager is obligated to report the complaint in compliance with this policy. A harassment complaint will be handled as follows: 1. Every complaint is to be reported promptly either by the complainant or by the person receiving the complaint. If reported verbally, the person taking the complaint should produce a written statement for the complainant to review and sign. 2. The complaint will be promptly investigated. Choice of investigator, level of formality, and the procedures used in the investigation may vary, depending upon the nature of the allegations and full circumstances of the situation, including the context in which the alleged incidents occurred. 3. Confidentiality will be maintained throughout the investigatory process to the extent practical and consistent with law and the City’s need to undertake a full investigation. 4. There shall be no retaliation by the City, its officers, elected officials, supervisors, or other employees toward any employee bringing a complaint in good faith or cooperating with the investigation of a harassment complaint. 5. Where the investigation confirms the allegations, the City will take prompt corrective action and, where appropriate, discipline the offending individual, up to and including termination. The complainant and accused will be informed of the outcome of the investigation. 6. Employees who bring false complaints may be subject to discipline only if the investigation reveals the complaint was made in bad faith (i.e., statements that were known to be false at the time they were made). The Human Resources Director shall be responsible for disseminating information on the City of Moses Lake Policy against unlawful workplace harassment, developing training programs for employees and supervisors, and guidelines for preventing sexual or other forms of harassment, and for investigating and resolving allegations of harassment. All officers, supervisors, and managers (generally, “supervisors”) are assigned responsibility for implementing this policy, ensuring compliance with and knowledge of its terms, and for taking immediate and appropriate corrective action in coordination with the Human Resources Director, if they witness or receive notice of inappropriate behavior or receive a complaint. Supervisors must open and maintain channels of communication to permit employees to raise concerns of sexual or other workplace harassment without fear of retaliation, stop any observed harassment, and treat harassment matters with sensitivity, confidentiality, and objectivity. A supervisor’s failure to carry out these responsibilities may result in disciplinary action up to and including termination. Moses Lake Council Packet 1-24-23, Page 87 of 318 Employee Handbook Updated 2/1/23 Page | 12 NO RETALIATION The City strictly prohibits retaliation for raising a good faith complaint or participating in the investigatory process. Concerns of retaliation should be promptly reported to the Human Resources Director. If an investigation substantiates the complaint, the accused will be subject to disciplinary action, up to and including termination. 2.5 LIFE THREATENING/COMMUNICABLE DISEASES Employees with life threatening illnesses or communicable diseases are treated the same as all other employees. They are permitted to continue working as long as they can maintain an acceptable level of performance and medical evidence shows they are not a threat to themselves or their co-workers. The City will work to preserve the safety of all its employees and reserves the right, to the extent allowed by law, to reassign employees or take other job actions, including termination, when a substantial and unusual safety risk to fellow employees or the public may exist. 2.6 WHISTLEBLOWER POLICY The City (1) encourages reporting by its employees of improper governmental action taken by City officials or employees, and (2) protects City employees who report improper governmental actions in accordance with the City's policies and procedures. “Improper governmental action” means any action by a City officer or employee: 1. That is undertaken in the performance of the officer's or employee's official duties, whether or not the action is within the scope of the employee's performance; and 2. That is in (a) violation of any federal, state, or local law or rule; (b) an abuse of authority; (c) of substantial and specific danger to the public health or safety; or (d) a gross waste of public funds. “Improper governmental action” does not include personnel actions, including employee grievances, complaints, appointments, promotions, transfers, assignments, reassignments, reinstatements, restorations, re-employments, performance evaluations, reductions in pay, dismissals, suspensions, demotions, violations of Civil Service rules, alleged violations of labor agreements or reprimands. REPORTING PROCEDURES 1. City of Moses Lake employees who become aware of Improper Governmental Actions should raise the issue first with their supervisor. If requested by the supervisor, the employee shall submit a written report to the supervisor, or to some person designated by the supervisor, stating in detail the basis for the employee's belief that an Improper Governmental Action has occurred. Where the employee reasonably believes the Improper Governmental Action involves his or her supervisor, the employee may raise the issue directly with the department director. If the department director is involved in the Improper Governmental Action, the employee may raise the issue with the Human Resources Director, City Manager, or City Attorney. This should be done as soon as the employee becomes aware of the improper action. If the complaint involves allegations of criminal behavior that may cause immediate harm to an individual or to property, the complaining employee may first report the matter to the Police Department before initiating the procedures described in this policy. Moses Lake Council Packet 1-24-23, Page 88 of 318 Employee Handbook Updated 2/1/23 Page | 13 2. In the case of an Emergency, where the employee believes that damage to persons or property may result if action is not taken immediately, or where the misconduct involves the City Manager, or where the employee has a legal obligation to report (for instance, where child abuse is suspected), the employee may report the Improper Governmental Action directly to the appropriate governmental agency with the responsibility for reporting improper action (see list of agencies in #4 below). In all other cases, the employee should first advise either the City's Human Resources Director, City Manager, or City Attorney prior to reporting to an outside agency. 3. The supervisor, the City Manager, or the City Manager’s designee, shall take prompt action to assist the City in properly investigating the report of Improper Governmental Action. City officers, administrators, supervisors, and employees involved in the investigation shall keep the identity of reporting employees confidential to the extent possible under the law, unless the employee(s) authorizes the disclosure of his or her identity in writing. After an investigation has been completed, the employee reporting the Improper Governmental Action shall be advised of the summary of the results of the investigation, except personnel actions taken as a result of the investigation may be kept confidential (to the extent permitted by law). 4. In the case of an emergency, where the employee believes that personal injury or property damage may result if action is not taken immediately, the employee may report to the Improper Governmental Action directly to the appropriate governmental agency with responsibility for investigating the improper action, such as: a) Grant County Prosecuting Attorney b) Attorney General, State of Washington c) U.S. Attorney (Eastern District of Washington) d) Washington Human Rights Commission If the above-listed agencies do not appear to be appropriate considering the nature of the improper action to be reported, contact information for other state and county agencies may be obtained via the following link: http://access.wa.gov/agency/agency.aspx. 5. Employees who fail to make a good faith attempt to follow the City’s procedures in reporting improper governmental action shall not be entitled to the protection of this policy against retaliation, pursuant to RCW 42.41.030. PROTECTIONS AGAINST RETALIATORY ACTIONS 1. City officials and employees are prohibited from taking retaliatory action against a City employee because he or she has in good faith reported an Improper Governmental Action in accordance with these procedures. 2. Employees who believe that they have been retaliated against for reporting an Improper Governmental Action must provide written notice to the City Manager within 30 days of the alleged retaliatory action. If the City Manager is allegedly involved in the retaliation, the written notice should be provided to the Human Resources Director or City Attorney. The written notice must specify the alleged retaliatory action and the relief requested. The City shall take appropriate action to investigate and address complaints of retaliation. The City has thirty days to respond to the complaint of retaliation. 3. After 1) receiving: the response of the City Manager or 2) thirty days after the delivery of the charge to the City, the employee may request a hearing before a state administrative Moses Lake Council Packet 1-24-23, Page 89 of 318 Employee Handbook Updated 2/1/23 Page | 14 law judge (ALJ) to establish that a retaliatory action occurred and to obtain appropriate relief provided by law. An employee seeking a hearing shall deliver the request for hearing to the City Manager within the earlier of either fifteen (15) days of delivery of the response to the charge of retaliatory action, or forty-five (45) days of delivery of the charge of retaliation. 4. Upon receipt of request for hearing, the City Manager shall apply within five (5) working days to the State Office of Administrative Hearings for an adjudicative proceeding before an administrative law judge. 5. At the hearing, the employee has the burden of proving the claim by the preponderance of the evidence (more likely than not.) The final decision of the Administrative Law Judge is subject to judicial review. 6. The City will consider any recommendation provided by the Administrative Law Judge that the retaliator be suspended with or without pay or dismissed. 7. The City Manager or the City Manager’s designee is responsible for implementing the City’s policies and procedures: (1) for reporting improper governmental actions, and (2) for protecting employees against retaliatory actions. This includes insuring that this policy is permanently posted where all employees will have reasonable access to it and that this policy is made available to any employee upon request. The City will, to the extent it considers practical, provide training and education on the whistleblower policy. City supervisors and administrators are responsible for ensuring that this policy is fully implemented within their areas of responsibility. Violations of this policy may result in appropriate disciplinary action, up to and including termination. MANAGEMENT RESPONSIBILITIES: The City Manager is responsible for implementing City policies and procedures, for reporting Improper Governmental Action, and for protecting employees against retaliatory actions. This includes ensuring that this handbook and these procedures are: 1. Permanently posted where employees have reasonable access to them. 2. Made available to any employee upon request. 3. Provided to all newly hired employees. Officers, managers, and supervisors are responsible for ensuring the procedures are fully implemented within their areas of responsibility. Violations of this policy and these procedures may result in appropriate disciplinary action up to and including termination. 2.7 WORKPLACE VIOLENCE AND WEAPONS PROHIBITION The City of Moses Lake will not tolerate nor condone violence, or the threat of violence, by or against any employee or citizen of the City of Moses Lake. All employees are responsible for refraining from participating in or precipitating violent or threatening actions of any kind. This type of behavior is unacceptable and contrary to the City of Moses Lake policy and will be subject to serious disciplinary action up to and including termination and possible criminal charges. Nor will the City of Moses Lake tolerate or condone bullying-type behavior which may result in discipline. Employees may be advised to seek guidance and counseling from the confidential Employee Assistant Program (EAP). Moses Lake Council Packet 1-24-23, Page 90 of 318 Employee Handbook Updated 2/1/23 Page | 15 Employees are responsible for notifying their supervisor as soon as an act of violence or the threat of violence is made. When acts of physical violence in the workplace are occurring, employees are responsible to call 911 immediately. The City will not tolerate any violence or threat of violence or the use of any object as a dangerous weapon. This includes, but is not limited to, any of the following conduct in or around the workplace, or otherwise related to employment: Threatening or causing injury to a person. Fighting or threatening to fight with another person. Using or threatening to use a weapon while on City premises. Damaging or threatening to damage property. Using obscene or abusive language or gestures in a threatening manner. Raising voices in a threatening manner. Using body language in a threatening manner. Because of the potential for misunderstanding, joking about any of the above misconduct is also prohibited. Possession or use of dangerous weapons is prohibited on City property or in a City vehicle. Possession includes location of a dangerous weapon on an employee’s person, work area, lunch box, desk, locker, purse, wallet, briefcase, backpack, clothing or any other location on City property or in a City vehicle not specifically mentioned herein. Exception to the above prohibitions of dangerous weapons include possession of a firearm on City property if a commissioned law enforcement officer. The City retains the right to search an employee’s work area, locker, desk, and seize any items deemed necessary. This includes, if necessary, an employee’s personal possessions such as a briefcase, purse, wallet, lunch box, backpack, clothing, or person. Only in compelling circumstances will the City search an employee’s person or clothing and the search will be conducted in as confidential manner as possible. The City will maintain confidentiality to persons lodging a complaint or concern as much as possible, understanding that all notifications of workplace violence require a full investigation. The City will make every effort to protect the employee from retaliation for lodging a good faith complaint. If an employee believes he/she is being threatened by the supervisor, the employee shall contact the department head immediately. If an employee believes he/she is being threatened by the department head, or if the employee does not feel comfortable discussing the matter with the supervisor or department head, the employee shall contact the Human Resources Department immediately. In such cases, the Human Resources Department shall be the department to initiate an investigation. Employees who file false charges with malicious intent will be subject to potential discipline as referenced in the Corrective and Disciplinary Action Section 10.1. After such complaint is filed and an investigation shows that the alleged violation or threat did occur, the department head or designee shall take appropriate action in accordance with the Moses Lake Council Packet 1-24-23, Page 91 of 318 Employee Handbook Updated 2/1/23 Page | 16 City’s policies. This action may include but is not limited to suspension and/or termination of any business relationship, reassignment of job duties, suspension or termination of employment, and/or criminal prosecution of the party involved. Any employee who obtains a court issued restraining order or anti-harassment order prohibiting another individual from contacting the employee at work should promptly notify his or her supervisor or director of the court’s issuance of the order. Any employee who reasonably believes that a situation with an aggressive employee, citizen, guest, contractor, vendor, or other party that may become violent, putting the employee or others in imminent danger, should promptly leave the work area and report the situation to his/her supervisor, Human Resources, or a department head. No disciplinary action will be taken against any employee who leaves a work area when the employee has a reasonable belief that an emerging situation with an aggressive person is likely to turn violent. The supervisor should take immediate action and contact Human Resources and a department head as soon as possible for the appropriate emergency response action (e.g., call 911). In the case of an Emergency, employees should promptly call 911. The timing and circumstances of possible return by employees to the area should be coordinated by management. The employee, supervisor, Human Resources, or department head will follow City procedures in response to such events, including incident reporting and appropriate action deemed necessary by management. All City security policies and rules must be adhered to at all times. To prevent inappropriate outsider access, facility security and access rules must be strictly followed. It is especially important that building security rules and procedures are specifically enforced at all times (e.g., doors locked after hours). Failure to comply with these requirements may lead to disciplinary action, up to and including discharge. 2.8 EMPLOYMENT REFERENCES Employees shall refer requests for references on current or former City employees to the Human Resources Manager. The Human Resources Manager will respond to such requests, or coordinate with the appropriate supervisor to respond, to ensure legal considerations are observed. The City will not provide more than dates of employment and position held unless the City has received a written release from the employee. 2.9 EMPLOYEE PERSONNEL RECORDS The primary purpose of a personnel records management system is to establish and maintain clear lines of authority for processing and managing personnel records, and clear and efficient procedures for processing all transactions that affect employees and ensure accessible employment records for City employees. Departments may retain copies of training/certification records. All original employee records (training/certification, warning letters, letters of commendation, etc.) must be filed with the Human Resources department. Records are subject to records retention requirements. Personnel records are the property of the City. Moses Lake Council Packet 1-24-23, Page 92 of 318 Employee Handbook Updated 2/1/23 Page | 17 Directors/managers will initiate and process personnel transactions affecting employees in their departments. Employees are responsible for notifying their supervisor or the Human Resources Department of any changes affecting their personnel status. Employees may respond in writing to any records reflecting negatively upon the employee. This response will be included in the employee’s file. Medical records will be kept in separate, confidential files in the Human Resources Department. The City Manager, City Attorney, Human Resources staff, and appropriate department head may request and shall be granted access to any personnel records. Employees may review their personnel records by providing notification to the Human Resources Department and scheduling a reasonable time for their review. Employee review will occur during working hours and shall be subject to supervision, and the file shall not leave the premises. All notices of suspension, demotion, or discipline of employees subject to civil service shall also be filed with the Civil Service Commission. Moses Lake Council Packet 1-24-23, Page 93 of 318 Employee Handbook Updated 2/1/23 Page | 18 CHAPTER 3 - EMPLOYMENT PRACTICES 3.1 RECRUITMENT AND SELECTION It is the policy of the City of Moses Lake to meet its workforce needs through systematic recruitment and selection activities that identify, attract, and select from the most qualified applicants for City employment. The Human Resources Department is responsible for employment administration including all steps necessary to recruit qualified candidates to the requesting department for consideration and selection. The hiring Department director/Manager will coordinate with the Human Resources Department in determining the selection process. No oral or written commitment for employment or re-employment will be given prior to coordination with the Human Resources Department with final approval by City Manager and upon completion of pre-employment clearance requirements. Employment consideration will be based on the preferred requirements for each position as identified on the job description. No selection decision shall be made that will constitute unlawful discrimination based on race, color, religion, sex, sexual orientation, gender identity, national origin, age, marital status, disability, genetic information, veteran’s status, or any other basis protected by applicable discrimination laws, except where protected class can be demonstrated to be a bona fide occupational qualification for employment. Successful applicants must be able to perform the essential functions of the position with or without reasonable accommodation. Civil Service positions (Police and Fire Department) are subject to the rules of the Civil Service Commission. Represented positions are subject to the applicable collective bargaining agreement. 3.2 EMPLOYMENT OF RELATIVES (NEPOTISM) The City acknowledges that both fairness and the appearance of fairness are important attributes to consider in the conduct of daily city operations. In recognition of this, no relatives shall remain or be hired in positions that would place the relatives in a situation of a real or perceived conflict of interest. Situations include: One of the individuals would have authority or practical power to supervise, appoint, remove, or discipline the other. One of the individuals would be responsible for auditing the work of the other. One of the individuals would handle confidential materials which might create the appearance of improper or inappropriate access to the material by the other. One of the individuals is a policy level official of the City. Hiring of the individual would create an actual or potential conflict with the City’s interests. When a department director/manager proposes to hire a relative of an existing employee for any part-time or full-time position, the department director must first obtain approval from the City Manager. This is to be accomplished by submitting a written request to the Human Resources Department explaining why (skills, experience, etc.) the relative is clearly the best qualified for Moses Lake Council Packet 1-24-23, Page 94 of 318 Employee Handbook Updated 2/1/23 Page | 19 the position and confirming that the working relationship does not place the relatives in a situation of a conflict of interest. When a relationship as described above occurs during employment, the two employees may remain in their positions provided they are not in conflict with the restrictions stated in this policy. If a conflict of interest is created by the relationship, the City may attempt to arrange a transfer or change in position. If a suitable transfer/change in position is not available, one of the employees will be separated from City service. Every attempt will be made to effect transfer or separation based on agreement between the employees involved and the City. If a mutual agreement is unattainable, the City Manager will determine, in the City’s best interest, the employee to be transferred or separated. The City Manager will make the final determination as to whether or not a conflict of interest exists. Relative, for the purpose of this policy, includes: Mother or father Sister or brother Daughter or son Step-relative of the preceding three Wife or husband Mother or father-in-law Sister or brother-in-law Daughter or son-in-law Grandparent Grandchild Aunt or uncle Niece or nephew First cousin Individuals residing with a City employee 3.3 HIRING PROCEDURE The City complies with the Washington state Equal Pay and Opportunities Act requiring equal compensation to “similarly employed” workers along with equal opportunities for career advancement, regardless of gender. The first step in the selection process requires the completion of the “Authorization for Recruitment and Selection of Personnel Form” by the department director/manager. Recruitment for all positions requires approval by the City Manager. Once all required parties have signed this form, the recruitment and selection process can be started. POSITION ANNOUNCEMENT PUBLISHED Position announcements are published by the Human Resources Department to recruit an applicant pool for a position opening. The position announcement may be posted internally and/or externally. Individuals considered eligible for internal postings include all current employees unless specified by a collective bargaining agreement. Moses Lake Council Packet 1-24-23, Page 95 of 318 Employee Handbook Updated 2/1/23 Page | 20 APPLICATIONS GATHERED Employment applications and cover letter are required of all applicants. The application is intended to elicit information needed to determine whether an applicant is qualified for a position. An applicant's signature certifies that all information supplied on the application is true to the best of the applicant's knowledge. An employee will not be hired and may be dismissed if it is found that the employee provided false or misleading information in an application or resume. The Human Resources Department may require proof of education, specialized training, job experience, legal status to work in the United States, or other relevant information. The Human Resources Department will receive all properly completed applications for each posted employment opportunity and record all applications received. Once the closing date for the job posting has been reached, the Human Resources Department will forward pre-screened applications to the appropriate hiring authority. Prior to an employment offer, oral interviews and background/reference checks will be required. Candidates may also be subject to, but not limited to, written and oral examinations, and a practical skills examination/demonstration. JOB OFFER Final selection of an applicant is made by the hiring department director/manager or designee with approval of Human Resources for temporary/non-benefit positions and approval of the City Manager for regular-status positions. Once the department director/manager has selected an individual to fill the vacancy a Personnel Action Form (PAF) shall be completed. The Human Resources Department will then send a letter to the chosen candidate making a formal conditional offer of employment and specifying a tentative starting date and salary. If the candidate accepts the conditional offer of employment, the Human Resources Department will verify whether the candidate is legally authorized to work in the United States and will arrange for a new hire orientation. Employment will be conditional upon satisfactory background check and reference checks. If a candidate fails to respond to a conditional offer of employment, or fails to appear on the designated starting date, the candidate will be presumed to have declined the conditional offer of employment. Following a conditional offer of employment, candidates may also be subject to a financial/credit history check, pre-employment drug and alcohol test, psychological examination, and physical examination. Moses Lake Council Packet 1-24-23, Page 96 of 318 Employee Handbook Updated 2/1/23 Page | 21 3.4 PROBATIONARY PERIOD Every person hired, reclassified, promoted, or laterally transferred to a position must serve a probationary period of twelve (12) months. The probationary period may be shortened no less than six (6) months as determined by the department director/manager with consent of Human Resources. Use of vacation or other extended leave may cause the probationary period to be extended. Entry-level Police Officers shall serve an eighteen (18) month probationary period. Lateral Police Officers shall serve a twelve (12) month probationary period, unless otherwise modified by the collective bargaining agreement and the Civil Service Commission. TERMINATION DURING PROBATIONARY PERIOD Any employee may be terminated by the department director/manager with approval of the City Manager during the probationary period for any reason without recourse. Successful completion of the probationary period does not alter the at-will status of employment, unless otherwise provided by a collective bargaining agreement or civil service rules. 3.5 EMPLOYMENT STATUS REGULAR STATUS EMPLOYEE Those positions that are designated as regular status positions by the City Council because they entail the ongoing work of the City. Regular status positions are defined as full-time and part-time positions. It does not include temporary positions. Regular-status, full-time positions for health insurance purposes only are compensated 30 hours or more per week. For all other purposes, full-time positions are compensated for a regularly scheduled 40 hour per week. Regular-status, part-time positions are compensated for a regularly scheduled 20 to 39 hours per week. TEMPORARY STATUS EMPLOYEE The City Manager may authorize temporary employees to be hired to work no more than 1040 hours in a rolling twelve (12) month period, and no more than 29 hours per week. The work must be temporary in nature, such as a short-term project, a seasonal project, a period of temporary workload increases, or to fill a temporary vacancy. The time limits set forth in this section shall not apply to disability/workers compensation related appointments. Other temporary and/or non-benefit employees include temporary agency workers, student interns, on-call employees, and employees in grant-funded positions, as follows: 1. Temporary agency workers are subject to the same workplace performance expectations as temporary employees. 2. Student interns are subject to similar rules as non-benefit part-time employees. A student intern must be enrolled in a bona fide higher education program. They are employed at-will and are terminated when no longer associated with an education program. 3. On-call employees are employed at-will on a substitute or on-call basis and are not guaranteed any minimum hours of work. Moses Lake Council Packet 1-24-23, Page 97 of 318 Employee Handbook Updated 2/1/23 Page | 22 4. Employees who work in assignments subject to grant funding shall be subject to the terms and conditions of the grant. 5. Non-benefit part-time employment: Non-benefit, part-time employees may be hired as deemed necessary and must be approved by Human Resources. Temporary employees receive no City group insurance benefits unless otherwise provided through collective bargaining agreements or by exception due to special circumstances as authorized in advance by the City Manager. Temporary employees receive no paid holiday or vacation time unless provided through collective bargaining agreements or by exception due to special circumstances as authorized in advance by the City Manager. Non-benefit employees receive no City group insurance benefits, paid holiday, or vacation time, except where required by state Law. Temporary and non-benefit employees who work in an assignment that normally requires five (5) or more months of 70 hours or more of compensated employment in a twelve (12) month period for two (2) consecutive years will be eligible for the Washington State Retirement System in accordance with state law. 3.6 PROMOTIONS Openings will be posted so that current employees may become aware of opportunities and apply for positions in which they are interested and qualified. The City encourages our employees to seek advancement when qualified. After promotion to a new position, a normal probationary period of twelve months will be completed. In the case of unsatisfactory performance in a promotional situation, the employee may be considered for transfer back to the previous position held by the employee if the position is still vacant, the employee remains qualified to fill the former position, and the City has determined that it needs to be filled. The probationary period may be shortened no less than six (6) months as determined by the department director/manager and approval of the City Manager. Moses Lake Council Packet 1-24-23, Page 98 of 318 Employee Handbook Updated 2/1/23 Page | 23 CHAPTER 4 - EMPLOYEE RESPONSIBILITIES AND CONDUCT 4.1 GENERAL CODE OF CONDUCT As a general matter, employees should conduct themselves in a professional manner and use good judgment in performing their job duties. Conduct will not be tolerated that interferes with City operations, is detrimental to the City, and/or is offensive to coworkers or the public. APPROPRIATE STANDARDS OF CONDUCT Treating all customers, visitors, and coworkers in a courteous, respectful and professional manner. Refraining from behavior or conduct that is offensive or undesirable, or which is contrary to the City of Moses Lake’s best interest. Consistently providing co-workers with complete, accurate, and timely verbal and written information; willingly sharing job knowledge with co-workers who can benefit from it; voluntarily assisting co-workers when in need; responding in a positive manner to co- worker requests. Reporting to management suspicious, unethical, or illegal conduct by coworkers, customers, or suppliers. Cooperating with City of Moses Lake investigations. Complying with all City of Moses Lake safety and security regulations. Wearing clothing appropriate for the work being performed. Performing assigned tasks efficiently and in accord with established quality standards. Reporting to work punctually as scheduled and being at the proper workstation, ready for work, at the assigned starting time. Giving proper advance notice whenever unable to work or report on time. Smoking only at times and in places not prohibited by the City of Moses Lake rules or local ordinances. Maintaining cleanliness and order in the workplace and work areas. EXAMPLES OF BEHAVIOR THAT IS AGAINST CITY POLICY AND THAT WILL RESULT IN DISCIPLINARY ACTION Failure to treat co-workers, constituents, vendors and others in a courteous, respectful and professional manner. Engaging in destructive gossip and criticism, spreading harmful rumors, and discussing nonbusiness related information about others. Allowing social interaction with co-workers to interfere with your own or co-worker productivity. Failure to perform assigned duties, or performance of duties in an unsatisfactory manner. Unauthorized absence, or excessive tardiness or absences. Misusing, taking for personal use, destroying, damaging or wasting property, supplies or utilities belonging to the City or another employee. Assaulting, threatening, or intimidating supervisors or any other fellow employee, constituent, or any other person. Moses Lake Council Packet 1-24-23, Page 99 of 318 Employee Handbook Updated 2/1/23 Page | 24 Violation of City policy regarding workplace violence. Engaging in any form of sexual or other unlawful harassment of, or discrimination or retaliation towards, another employee, a client, a constituent or other third party. Falsifying or altering any City record or report, such as an employment application, medical reports, production records, time records, expense records, absentee reports, financial documents or the like. Misusing City communication systems, including electronic mail, computers, Internet access, and telephones. Refusing to follow management’s instructions concerning a job-related matter, or otherwise being disrespectful or insubordinate. Smoking where prohibited by City policy or local ordinance. Using profanity or abusive or offensive language. Sleeping on the job. Disclosing confidential information regarding the City or City employees or constituent(s). Negligence or improper conduct resulting in injury or damage to City property. Failure to fully cooperate with a City investigation. Violating safety procedures or policies, or otherwise endangering the safety of an employee, co-workers or other third party. Making, publishing or repeating false, vicious or malicious statements concerning a co- worker or client. Reporting to work under the influence of alcohol, illegal drugs, controlled substances, or narcotics, or using, selling, dispensing, or possessing illegal drugs or narcotics on City premises. Dishonesty. Fighting. Engaging in off-duty misconduct that interferes with an employee’s ability to do their job or reflects negatively on the City. It is not possible to list all the forms of behavior that are considered unacceptable in the workplace; therefore, this list contains examples only, and is not exhaustive. At management’s discretion, any violation of City policies or any conduct considered inappropriate or unsatisfactory may subject an employee to disciplinary action. Disciplinary action may include, but is not limited to, verbal warning, written warning, suspension, demotion, or termination. The City, in its sole discretion, will determine the appropriate disciplinary response to misconduct or unsatisfactory performance. While the City supports the concept of progressive discipline, the City reserves the right to immediately terminate an employee’s at will employment and use of progressive discipline should not be construed to modify an employee’s at-will status. Depending on the nature of the behavior at issue, the City may place an employee on administrative leave pending an investigation and determination regarding discipline. As deemed appropriate by the City based on the circumstances, an employee on administrative leave shall be available to the City as needed during regular work hours, turn over all City property (cell phone, security cards, etc.), and/or remain away from City facilities without prior permission and escort. Moses Lake Council Packet 1-24-23, Page 100 of 318 Employee Handbook Updated 2/1/23 Page | 25 4.2 OUTSIDE EMPLOYMENT AND CONFLICTS OF INTEREST Employees shall not, directly or indirectly, engage in any outside employment or possess a financial interest which may conflict with the best interests of the City or interfere with the employee’s ability to perform his/her assigned City job. Examples include, but are not limited to, outside employment which: 1. Prevents the employee from being available for work beyond normal working hours, such as during emergencies or peak work periods, when such availability is a regular part of the employee’s job. 2. Is conducted during the employee’s work hours. 3. Is employed with a firm which has contracts with or does business with the City; or 4. May reasonably be perceived by members of the public as creating a conflict of interest or one which otherwise discredits public service. RCW 49.12.460 prohibits employers with 20 or more full-time equivalent employees in the previous year from disciplining or firing volunteer firefighters, reserve police officers, or civil air patrol members for taking leave to respond to an alarm of fire, emergency call, or emergency service operation. Effective April 16, 2021, this statute applies to all volunteer firefighters regardless of whether they receive compensation, and it also allows the volunteer firefighters to leave their place of employment to respond to a call as long as they notify their employer. (See SSB 5384.) Employees are required to disclose outside employment to their Department directors by completing the “Outside Employment Authorization Form” and obtaining pre-approval to perform outside work or hold another job. Outside Employment Authorization forms must be on file in Human Resources. 4.3 ANTI-DISRUPTION POLICY Any conduct in the workplace or while on City time that is disruptive to the normal operations of City business or invades the rights of others will not be tolerated. While on City time, employees are expected to adhere to professional and work-related matters and to treat each other and the public with respect. This includes refraining while on City time from spreading rumors, gossiping or discussing non-business-related information about others. Other disruptive conduct includes but is not limited to discrimination, harassment, threats, insults, intimidation, ridicule, profanity, vulgarity, stereotyping, physical or verbal abuse, ignoring the rights of others, and displaying insensitivity to the beliefs and customs of others. 4.4 SMOKE-FREE WORKPLACE Employees shall not use or carry visibly, tobacco products, or electronic cigarettes in any City- owned and/or operated facilities, vehicles, or work areas. The City may designate outdoor smoking areas; provided that there will be no smoking or vaping within 25 feet of any entrances, exits, windows that open and ventilation intakes. Directors, managers, and supervisors have the responsibility for implementing and enforcing this use policy. Tobacco cessation program information is available through the City’s Human Resource Department. Additional information may be obtained by directly contacting health care providers. Moses Lake Council Packet 1-24-23, Page 101 of 318 Employee Handbook Updated 2/1/23 Page | 26 4.5 POLITICAL ACTIVITIES Employees may participate in political or partisan activities of their choosing provided that City resources and property are not utilized, and the activity is performed during non-work time and does not affect the responsibilities of the employees in their positions. While in the workplace, on the job, or representing the City in any way, employees may not campaign for a candidate or ballot issue or wear or display any item relevant to any candidate or ballot issue. Employees may not solicit on City property or City time, for a contribution or petition signatures for a political cause. An employee shall not hold an appointed or elected public office when the holding of such office is incompatible with or substantially interferes with the official duties of the employee’s job. Nothing in this policy is meant to limit the employee’s participation in political activities of their choosing on their own time. 4.6 CITY PROPERTY / PERSONAL POSSESSIONS / PRIVACY LIMITATIONS CITY PROPERTY/PRIVACY LIMITATIONS The City may furnish desks, closets and/or lockers for security of employee coats, purses and other personal possessions. The City does not, however, assume responsibility for any theft or damage to the personal belongings of employees. Employees should have no expectation of privacy when using such or any other City property. The City regards desks, closets, lockers, workspaces, computers, file cabinets and files, city vehicles, furniture and other City property, as well as data, programs, communications, messages and other property created on, acquired by, developed for or located in any City facility or equipment, either in printed or digital format, as City property. The City reserves the right to search the same, including any personal possessions contained in them when it determines that there is a security, health, or other appropriate reason to do so. Such reasons may include, without limitation, the following: the need to locate City property; health or safety concerns; reasonable suspicion of misconduct; termination of employee; or for other business- related purposes. The City reserves the right to review the contents of any document or communication, created or stored on a City computer or phone system, including electronic mail, text messaging, and voicemail. Employees do not have a reasonable expectation of privacy in these areas or in any other City work areas or when using City equipment. City owned property, equipment and services are to be used for the conduct of official business only. No City employee shall use or permit the use of City owned vehicles, equipment, materials, services, or property for personal convenience, profit, or gain. Use of City owned property or services by employees is restricted to such services as are available to the general public, including those for a charge. Any violation of this policy may result in disciplinary action. Examples of equipment and services NOT available for general use by the public, and therefore not available to employees for their personal use, include, but are not limited to, long-distance and cellular telephone calls, copier, fax, and other office machine uses, electronic mail, computers, vehicles, lawn equipment, office supplies, credit cards, construction, or maintenance equipment. Moses Lake Council Packet 1-24-23, Page 102 of 318 Employee Handbook Updated 2/1/23 Page | 27 PERSONAL PROPERTY The City recognizes that employees may need or want to bring personal property to work. The City permits employees to do so but asks its employees to refrain from bringing unnecessary or inappropriate personal property to the workplace. Any property that is not appropriate for the conduct of normal business, that may be disruptive to workflow, may pose a safety risk to employees or the public, or which violates the terms of any City policy may be considered unnecessary or inappropriate. It will be within the City’s sole discretion to determine whether certain personal property is unnecessary or inappropriate. The only personal property that an employee may be asked to use for City business is their personal vehicle. It is the employee’s responsibility to safeguard personal belongings. The City will not be liable for lost, damaged or stolen property of its employees and at no time will the City replace or reimburse an employee for personal property that an employee brings to the workplace. Employees are encouraged to exercise reasonable care to safeguard personal items brought to work. For example, employees should not bring valuables to work and should not leave personal items where they might be damaged or stolen. Improper or excessive use of personal property brought onto City property or worksites or during work hours (for example, the excessive or inappropriate use of personal cell phones for personal phone calls, text-messaging, imaging or videotaping), may also result in disciplinary action, up to and including termination. WIRELESS COMMUNICATION DEVICES Wireless communications devices include, but are not limited to, cellular telephones, wireless handheld devices and pagers. The City reserves the right to monitor the use of all City-owned wireless devices to the extent they involve City business or are made during the employee’s scheduled work time. Reasonable precautions should be made to prevent equipment theft, vandalism, and improper use of wireless device equipment and services. At the time an electronic communication device is issued to an employee, the employee will be required to sign an Acknowledgement of Policy. Electronic communication device records are subject to public disclosure under the Public Records Act. This includes and an all voicemails, social media messaging, emails, text messages, call history and/or any other information stored on a City owned electronic communication device, regardless of whether stored in the device or in remote sites and/or with remote services. Electronic communication shall be business-related only, courteous and civil. Texts must not be used for expressing ill will or bias against individuals or groups. It should not contain obscenity, vulgarity, profanity, jokes, sarcasm, pornography, scantily clad images, or other non-business- related material. Sexually explicit material, discussions, cursing and name calling are also not appropriate in a business communication. Moses Lake Council Packet 1-24-23, Page 103 of 318 Employee Handbook Updated 2/1/23 Page | 28 Electronic communication devices are not a secure method of communication. Discretion and reasonable precautions should be used at all times when making or receiving sensitive or confidential information. If employees choose to make long-distance personal telephone calls, calls must be charged to the employee’s home number or credit card. If employees choose to make personal photocopies, or send a personal fax, they will be required to pay the fee as outlined in the city’s adopted feed schedule. Such personal use must be limited to non-work time. An employee may not add, modify, or remove applications or other services on the electronic communications device. Only Information Technology is authorized to make any required modifications to the electronic communication device issue by the City. NETWORK USAGE The City maintains multiple computer systems connected throughout the City via Local Area Networks (LAN) and Wide Area Networks (WAN). Connections are also in place between the City network and the Multi Agency Communication Center and Washington State computer networks. The City provides a communications network capable of offering Electronic Mail (Email) and Internet access, where applicable, to employees to assist in and facilitate legitimate City business communications. Utilization of these systems is a privilege. Employees should never put information on these systems, or access Email or Internet services, unless they would feel comfortable accessing or putting the same information in a widely distributed office memo. By using the City's network systems (including Email and Internet), employees agree that they are aware of, understand and will comply with, the provisions of this policy. By using the City’s technology resources, employees acknowledge and agree that they have no expectation of privacy or confidentiality vis-à-vis the City in use of these systems or in any data that is created, stored, or transmitted on or over the systems, including any data created, stored, or transmitted during an employee’s incidental personal use of the technology resources permitted under this policy. Employees further agree that they are aware of, understand, and will comply with the provisions of this policy, and that the use of the technology resources can and will be monitored and any data that is created, stored, or transmitted on or over City systems may be inspected by, or at the request of, City management at any time. Employees should understand that certain email messages, other electronic communications, and documents created on City computer systems may be considered a public record subject to disclosure and/or subject to discovery in the event of litigation. This policy applies to all employees, contractors, consultants, temporary and seasonal employees, volunteers, and anyone working on behalf of the City. The City's computer system is provided to assist employees to perform their jobs, share files, and communicate with each other internally and with outside individuals and organizations. The City's computer system is to be used primarily for City business purposes; occasional or incidental personal use is permitted within the guidelines below. All software, programs, applications, templates, data, data files, and web pages residing on City computer systems are the property of the City. The City retains the right to access, copy, modify, Moses Lake Council Packet 1-24-23, Page 104 of 318 Employee Handbook Updated 2/1/23 Page | 29 destroy, or delete this property. Data files containing confidential or sensitive data should be treated accordingly and should not be removed from the workplace without property authorization. To access the network, each employee will receive a unique user ID to access the network. Since the employee is responsible for all actions taken by that user ID, user IDs and passwords should not be shared. In the event that an employee shares a user ID and password, that employee will be equally responsible for the actions of the person using their ID. As needed, the Technology Services Department may implement software to enforce administrative policies to assure the internal security of computerized data and networks. APPROPRIATE USE: The City's computer systems, devices, electronic mail and Internet access are essential tools for conducting the business of the City. In the event that the use of City resources is needed for personal purposes, given approval by the employee's supervisor, this use must be reasonable (i.e. occasional but limited) and be governed by the following tests: 1. There is no cost associated with the use; 2. Use is moderate in time; 3. Use does not interfere with employee or departmental productivity; 4. Use is not detrimental to the City's image; 5. Use does not infringe on any other City policies and/or guidelines; and 6. All other provisions of this Network Usage Policy are adhered to, including inappropriate use below. INAPPROPRIATE USE: Use of the City's computer system to engage in any communication which violates federal, state, or local laws, codes, and regulations, City policies and procedures is strictly prohibited at all times. In addition, the following uses of the City's systems are inappropriate and are prohibited at all times unless there is a legitimate business need. That need must be conveyed to, and the use authorized by, the employee's department director in writing prior to such use. Inappropriate uses of the City systems include, but are not limited to: 1. Personal commercial use. 2. Accessing, receiving, or sending pornographic, sexually explicit or indecent materials including materials of a bawdy, risqué or coarse nature, or any other offensive or morally questionable materials. 3. Usage for any type of harassment or illegal discrimination including transmission of obscene, harassing, offensive or demeaning messages to any other individual. 4. Gambling. 5. Usage for any unethical activity that could adversely affect the City of Moses Lake. 6. Usage which precludes or hampers City network performance. 7. Unauthorized copying of copyrighted material. 8. Usage which violates software license agreements. 9. Transmission of sensitive or proprietary information to unauthorized persons or organizations. 10. Attempting to make unauthorized entry to other City systems or to other networks. Moses Lake Council Packet 1-24-23, Page 105 of 318 Employee Handbook Updated 2/1/23 Page | 30 11. Connecting any personal device, non-city issued device, or city issued device to a city or system which has been received from an outside source or used on a non-city system or device without prior authorization from Technology Services Department staff. 12. Recreational purposes, including the loading and playing of computer games or playing online games. 13. Sending anonymous messages and/or misrepresenting an employee’s name, position or job description. 14. Using profane, threatening, racist, sexist, or otherwise objectionable language in either public or private messages; or 15. Usage that violates the guidelines set forth in the City’s personnel policies. Anyone who suspects or observes a violation of these policies should immediately report to their supervisor, manager, or the Human Resources Director. Failure to do so may result in disciplinary action up to and including termination of employment. WEB BROWSING: During the employee's normal work hours, the primary use of the City's Internet account shall be for legitimate City business. The City of Moses Lake reserves the right to monitor Internet access at all times and to limit Internet access to employees via username, machine ID or any other means available to any Internet sites that are not necessary to the employee's job requirements. ELECTRONIC MAIL: Electronic mail (email) communications constitute public records and the City has the right to access or monitor messages for work-related purposes, security, or to respond to a records request. Therefore, no assumption should be made as to privacy on the City's electronic mail system. The City has the right to view, remove, or disrupt the flow of any and all email passed through or maintained on the networks. COMPUTER SYSTEM SPACE: The IT Department will be responsible for setting parameters and allocating maximum disk space for all computer system users. Employees who can demonstrate legitimate business needs for more disk space than what is allocated shall make a request to increase their disk space to the IT Technician. COMPUTER SYSTEM ACCESS: The City treats all information transmitted through or stored in the system, including email messages, as business information. The City has the capability and retains the right to access, review, copy, modify, and delete any or all of such business information for any purpose and to disclose it to any party (inside or outside the City) it deems appropriate. Those files containing personal information of any employee as a result of the employee making incidental use for personal purposes, including transmission of personal email will be treated no differently than other business files and information. Accordingly, employees should not use the Moses Lake Council Packet 1-24-23, Page 106 of 318 Employee Handbook Updated 2/1/23 Page | 31 computer system to send, receive or store any information that they wish to keep private. Other than by the Technology Services Department, deletion, examination, copying, or modification of files or data belonging to other users without their consent is prohibited. IT staff shall not peruse or attempt to gain access to email messages or electronic files of City employees unless: 1. Expressly asked to do so by the employees on their own behalf; 2. Expressly asked to do so by the Executive Staff; or 3. The general access to files and information is a direct result of the Technology Services staff's daily maintenance of the City's computer systems. All data subject to local, state or federal Privacy Act policies and regulations will be handled in accordance with those regulations. EQUIPMENT PURCHASE AND REPAIR: Computers and mobile devices will be purchased through, or with the full knowledge of, the Technology Services Department. Once purchased by the City, the equipment becomes the property of the Central Services Fund and will be maintained and replaced by that fund as required, or at the discretion of the Technology Services Department. The Technology Services Department will be responsible for the disposal of all replaced microcomputer equipment and peripheral equipment. SOFTWARE: All software usage and purchases will be approved by the Technology Services Department. USE OF CITY OWNED EQUIPMENT AND SOFTWARE NOT LOCATED ON CITY PROPERTY: Under normal circumstances, City owned hardware and software will not be used "off-site." Permission for such use may be granted by the City Manager. The Technology Services Department must be informed of such permission and the requester must sign an agreement (Home Use of City Computer Equipment). Such equipment may be loaded with software for communications, word processing, etc. by the Technology Services Department. The equipment must be returned to the Technology Services Department when requested. Use of the City's computer system including email and Internet services is a privilege. Inappropriate use or violations of this policy may result in disciplinary action, up to and including termination. SOCIAL MEDIA The City of Moses Lake has several social media sites as a tool to supplement communications with the public. The official City of Moses Lake website will remain the City's primary source of internet communications and information. Departments must first obtain approval from the City Manager before creating a social media site. The City Manager will then coordinate with the Communications & Marketing Specialist to ensure that the social media sites are consistent with the City’s mission and communications Moses Lake Council Packet 1-24-23, Page 107 of 318 Employee Handbook Updated 2/1/23 Page | 32 strategy and with the Technology Services Department to ensure proper back up records are maintained. Only employees designated by the City Manager, or his/her designee, are allowed to post information and monitor comments on social media sites on behalf of the City. 4.7 Automobile Usage It is the City’s policy to provide vehicles for business use, to allow employees to drive on City business, to provide and require drivers to follow safety protocols, and to reimburse employees for business use of personal vehicles according to the guidelines below. The Commercial Driver License requirements are in addition to this policy. The term “vehicle” as used in these guidelines includes, but is not limited to, cars, trucks, and vans. 1. Only employees 18 years old or older, possessing a valid driver license and meeting the driver approval standards may drive a vehicle on City business. 2. Before approving a driver, and periodically throughout employment (at least every two years throughout employment when driving is an essential function of the job and at least annually for all CDL drivers), Human Resources shall verify the existence of a valid driver license (for CDL drivers, a copy of a current Abstract of Driving Record (ADR) is required. 3. Employees approved to drive on City business are required to inform their supervisor immediately of any changes that may affect either their legal or physical ability to drive or their continued insurability. Employees are not permitted, under any circumstances, to operate a City vehicle, or a personal vehicle for City business, when any physical or mental impairment causes the employee to be unable to drive safely. This prohibition includes, but is not limited to, circumstances in which the employee is temporarily unable to operate a vehicle safely or legally because of injury, illness, or medication. 4. Employees in job positions requiring regular driving for business as an essential job function must, as a condition of employment, be able to meet the driver approval standards. For job positions that require periodic driving for City business, driver approval standards should be met prior to the employee’s initial trip. 5. Employees who drive a vehicle on City business must, in addition to meeting approval requirements, exercise due diligence to drive safely and to maintain the security of the vehicle and its contents. 6. Non-employee, non-business passengers are prohibited from riding in City vehicles without prior approval. Non-employee, non-business passengers are prohibited from riding in the employee’s personal vehicle, without prior approval, when the vehicle is being used for City business. 7. When no City vehicles are available, employees may use their own vehicles for business purposes with prior approval of a supervisor. Auto liability coverage follows the vehicle. Therefore, the employee’s personal auto insurance is primary, and WCIA’s liability coverage is excess. Employees who use a personal vehicle for approved business purposes will receive a mileage allowance equal to the Internal Revenue Service optional mileage allowance. This allowance is to compensate for the cost of gasoline, oil, depreciation, and insurance. Therefore, employees who operate personal vehicles for City business should obtain and maintain auto liability Moses Lake Council Packet 1-24-23, Page 108 of 318 Employee Handbook Updated 2/1/23 Page | 33 coverage for bodily injury and property damage and any other required coverage determined by the employee’s personal auto insurance agent or broker. 8. Every City vehicle should have an accident report form and WCIA proof of coverage card in the glove box. 9. All vehicle accidents involving City vehicles must be reported to the local authority immediately following the accident. Employees must report any accident, theft, or damage involving a City vehicle to their supervisor and Human Resources, regardless of the extent of damage or lack of injuries. Such reports must be made as soon as possible but no later than forty-eight (48) hours after the incident. Employees are expected to cooperate fully with authorities in the event of an accident. However, employees should avoid making voluntary statements regarding the accident; other than reply to questions of investigating officers. 10. Employees who are on-call and allowed to take a City vehicle home, are to provide written acknowledgment that they fully understand and agree that the vehicle should only be used as part of an on-call response for the City. 11. The City has a zero-tolerance policy, prohibiting employees from operating a City vehicle or any personal vehicle, under any circumstances, when any physical or mental impairment causes the employee to be unable to drive safely. Additionally, employees shall not operate any City or personal vehicle at any time while under the influence of intoxicating liquor, marijuana, illegal drugs, or prescription or over-the- counter medications that may impair their ability to drive. Drivers must self-report if unable to operate a motor vehicle for any health or medication related reason. 12. Smoking (including vaping) is not allowed in City vehicles. 13. Employees are personally responsible for all tickets, citations, or infractions issued for moving violations or parking violations while using a City vehicle or a personal vehicle for City business. Except for parking violations, employees shall advise their supervisor of any such tickets, citations, or infractions received. 14. Employees shall obey all safety laws and regulations while operating a City vehicle or a personal vehicle on City business. This would include, but is not limited to, the proper use of seat belt, the prohibition of texting or e-mail when driving on City business. Drivers may only talk on the phone, when necessary, if using a Bluetooth or other hands-free connection. Driver Approval Standards The City will verify whether or not an employee’s driver license, including a CDL, is valid, suspended, or revoked by logging onto the DOL website at: Online Services (wa.gov). The City will verify that an employee’s license is in good standing on an annual basis for all employees who have driving as an essential function. Checking Applicant’s/Employee’s ADR Per RCW 46.52.130, employers may request a driving record for employment and risk management purposes by completing a Driving Record Request (Form DR-500-009) available on the Washington State Department of Licensing website at Driving Record Request (wa.gov). The City will obtain from the employee, prospective employee or volunteer, an Abstract of Driving Record Release of Interest, (form DSC-425-020) Driving Record Release of Interest (wa.gov). The Release of Interest is not submitted to the DOL but will be retained by the City. Moses Lake Council Packet 1-24-23, Page 109 of 318 Employee Handbook Updated 2/1/23 Page | 34 An individual can also obtain their own ADR. Applicants may be required to furnish a copy of their current ADR as part the employment application process as a condition of employment. The City will reimburse those candidates who provide this report. An applicant’s/employee’s ADR will only be obtained from the Washington State Department of Licensing. An ADR will be obtained periodically for employees who drive on City business and employees who are required to maintain a CDL. The ADR should be reviewed to determine if the employee continues to meet the driver approval guideline. Evaluating Employee ADR’s The City will use the following criteria to determine if current employees or potential new employees are eligible to operate a motor vehicle within the course and scope of their employment, based on their driving history. The ADR will be reviewed with the driver and made part of the employee file. Driver Evaluation Criteria The City will only allow authorized drivers to operate a vehicle on behalf of the City of Moses Lake if their driver record demonstrates they will be a safe driver. Those possessing an invalid or suspended license are not eligible to operate a vehicle for the City under any circumstances. The ADR will be reviewed for the following: Major Violations: DUI – Driving under the influence of drugs or alcohol Negligent homicide in the use of a motor vehicle Using a motor vehicle for the commission of a felony Operating a vehicle without a valid unsuspended license Aggravated assault with a motor vehicle Grand theft of a motor vehicle Reckless driving or speed contest/racing Negligent driving Hit and run (bodily injury and/or property damage) Eluding/Attempting to elude a police vehicle Moving Violations Violations other than Major Violations. These consist of speeding and other moving traffic infractions. See WAC 308-104-160. Traffic photo enforcement and parking tickets do not appear on driving records as moving violations. If multiple citations are issued on the same day, they will be counted as a single violation. Penalties for too many traffic tickets per DMV: License is suspended for 60 days if ticketed for 6 moving violations within 12 months. Placed on probation for one year if ticketed for 4 moving violations in 12 months or 5 moving violations in 24 months. Moses Lake Council Packet 1-24-23, Page 110 of 318 Employee Handbook Updated 2/1/23 Page | 35 During probation, license is suspended for 30 days if ticketed with more moving violations. Following suspension, another year of probation. If cited for one traffic violation during second probation, driver’s license suspended 60 days for a 2nd suspension; 120 days for a 3rd suspension; and 364 days for a 4th or subsequent suspension. Driver Self-Reporting Drivers are required to notify their supervisor and Human Resources of major violations upon return to work or no later than five (5) days (whichever is sooner). Employees are encouraged to self- report once they have received 3 moving violations in a 12-month period to allow City and the employee opportunity to discuss activity and remedial training to avoid penalties for too many tickets as described above. Revocation of Driving Privileges If after review of ADR and evaluation criteria, a driver is found to not meet approved driver standards, the following actions may be taken depending on the nature, severity and/or frequency of the offense: Remedial training Suspension of driving privileges for business Termination of employment Driver Orientation & Training The City will require all employees who operate a motor vehicle within the course and scope of employment to successfully complete a driver orientation and training program within a specific time frame after placing that employee in a driving position. The Driver Orientation program may include, but not be limited to, such elements as: 1. Vehicle/Equipment Orientation 2. Vehicle/Equipment Operation 3. Vehicle/Equipment Inspection 4. Special Vehicle Characteristics (e.g., ABS brakes, front/rear/all-wheel drive, long wheelbase, etc.) 5. Emergency Equipment (fire extinguisher, first aid kit, flashlight, flares) 6. Defensive Driving (Classroom & Behind the Wheel Instruction) 7. Emergency Situations 8. WCIA Accident/Coverage Cards 9. Accident Reporting/Investigation An on-going Driver Training Program may include the following elements: 1. All employees who drive vehicles within the course and scope of employment should be notified of the commitment by management to prevent vehicle and equipment accidents. 2. A competency assessment may be used as part of the driver training program to find out if drivers can perform the essential job functions expected of them. A Moses Lake Council Packet 1-24-23, Page 111 of 318 Employee Handbook Updated 2/1/23 Page | 36 competency assessment is particularly important when driving specialized equipment. The same type of equipment that will be assigned to the driver should be used in the assessment and the assessment period should be long enough to cover a variety of situations. The assessment should not establish a pass/fail grade but should indicate the driver's competent areas and need-for-improvement points. This will allow the employer to provide needed training prior to dispatching the driver. Documentation of the competency assessment will be kept in the driver’s file. 3. All personnel should be advised of proper vehicle and equipment maintenance, hook- up, loading, inspection, and other procedures, during the course of any on-going safety program. 4.Drivers should be informed of management’s policy requiring employees to immediately notify their supervisor or department head when something happens that affects their ability to operate a motor vehicle within the course and scope of employment. Disciplinary procedures consistent with the City’s policies should be followed as appropriate. 4.8 COMMERCIAL DRIVER’S LICENSE (cdl) City employees must have a valid Commercial Driver’s License (CDL) and/or endorsement in order to legally operate a commercial vehicle. The CDL holder must also self-certify and carry a medical examiner’s certificate when driving. Fire-fighters/law enforcement personnel operating emergency equipment are exempted provided they have completed the Emergency Vehicle Accident Prevention Program (EVAP) and they carry a card certifying completion. A driver of a commercial motor vehicle holding a driver's license issued by Washington state who is convicted of violating a state law or local ordinance relating to motor vehicle traffic control in Washington state or any other state or federal, provincial, territorial, or municipal laws of Canada, other than parking violations, shall notify his or her employer in writing of the conviction within thirty (30) days of the date of conviction. A driver whose driver's license is suspended, revoked, or canceled by a state, who loses the privilege to drive a commercial motor vehicle in a state for any period, or who is disqualified from driving a commercial motor vehicle for any period, shall notify the City of that fact before the end of the business day following the day the driver received notice of that fact. Drivers must immediately report any accident that occurs and/or any notice of infraction or citation received while operating a vehicle on behalf of the City. A person who applies to be a commercial motor vehicle driver shall provide the City, at the time of the application, with the following information for the ten years preceding the date of application: A list of the names and addresses of the applicant’s previous employers for which the applicant was a driver of a commercial motor vehicle. The dates between which the applicant drove for each employer; and The reason for leaving that employer. The applicant shall certify that all information furnished is true and complete. An employer may require an applicant to provide additional information. Moses Lake Council Packet 1-24-23, Page 112 of 318 Employee Handbook Updated 2/1/23 Page | 37 The City will search the FMSC Clearinghouse prior to allowing CDL drivers to begin driving a commercial motor vehicle. The Clearinghouse will be queried, at a minimum, annually for each driver. The City will report driver’s drug and alcohol violations to the FMCS Clearinghouse within three (3) business days after the employer learns of the information. The City will not allow, require, permit or a authorize a driver who is disqualified to drive a commercial motor vehicle (49 CFR 383.51). Disqualifying offenses include the revocation, suspension, withdrawal or denial of an operator’s license, permit or privilege. Other reasons for disqualification are a conviction for driving a commercial vehicle under the influence of alcohol (0.04% or more) or drugs, driving while illegally possessing or transporting drugs, leaving the scene of an accident that resulted in injury or death, or using a commercial vehicle while carrying out a felony crime. In addition, if convicted for two serious traffic violations within a three-year period while operating a commercial vehicle, an individual is disqualified from driving a commercial motor vehicle for 60 days. A third conviction within three years results in a 120-day disqualification. These disqualifications also apply if the traffic violations resulting in convictions occurred while operating a non-commercial vehicle and the convictions resulted in the revocation, cancellation, or suspension of the individual’s CDL or non-commercial driving privileges. Examples of serious traffic violations include such things as: 1. Excessive speed (15 mph over posted limit) 2. Reckless driving 3. Negligent driving 4. Texting while driving 5. Improper lane changes 6. Driving a Commercial Motor Vehicle (CMV) without first obtaining a CDL 7. Driving a CMV without a CDL in immediate possession 8. Driving a CMV without the proper class or endorsement for the type of vehicle being operated 9. Following too closely 10. Violation of a state or local law relating to motor vehicle traffic control, other than a parking violation, in connection with an accident or collision resulting in a death to any person. 4.9 CORPORATE CREDIT CARD City employees who are issued a credit card will use their credit cards in accordance with small purchases of goods and services: Small purchases are typically goods or services (excluding Public Works) under $10,000 and include memberships, training, etc. These purchases can be made using Purchase Order. Federal grant expenses must follow federal guidelines which may be more restrictive than City policy. Moses Lake Council Packet 1-24-23, Page 113 of 318 Employee Handbook Updated 2/1/23 Page | 38 Purchase Order Procedures When required by a vendor, a Purchase Order (PO) must be obtained prior to a purchase of goods or services (training, memberships, etc.) made by a department. To obtain the PO, authorized personnel in each department will request a quote from the vendor, and once received and reviewed, forward the quote to the department’s administrative assistant to create the PO in the financial management system. Once complete, the administrative assistant will propose the PO in the system, and the manager or department head (depending on the amount) will receive an email notification that the PO is awaiting their review and approval in the system. If the requisition approver is not available to approve, a higher-level supervisor or department manager may be able to approve the requisition. All purchase orders clearly instruct the vendor to include the City PO number on all invoices. The invoices with the wrong or no PO number will be set aside until research can be completed which results in the vendor receiving payment later than necessary. All vendors should be directed to mail or email invoices to the Accounts Payable Technician at PO Box 1579 Moses Lake WA 98837, or sjacobs@cityofml.com. Please forward invoices received by the Department immediately to Accounts Payable. Processing The employee initiating the requisition should have the vendor, quantities, prices descriptions and specifications, make and model number and sizes. At the time the purchase is made, a signed packing slip, bill of sale or receipt must be returned to the department’s manager for approval before being routed to the department’s administrative assistant. The Administration will keep the documents together and compare to the vendor invoice that the order is complete and correct before entering the invoice into the system for payment. At least weekly, purchase orders should be reviewed for completeness by each department. When it is determined that all or a substantial portion of the items listed on the purchase order have been received, the Departmental employee with authority to do so should: Approve payment of the purchase by signing the purchase order acknowledging that the items have been received. Attach the packing slip, receipt or bill of sale, and written quotations (if the quote is necessary to facilitate the purchase) to the PO. Moses Lake Council Packet 1-24-23, Page 114 of 318 Employee Handbook Updated 2/1/23 Page | 39 If the invoice differs substantially from the purchase order, the ordering Department may be required to review and approve the invoice for payment. No payment will be made on any invoice until all goods and/or services billed have been received. 4.10 SUBSTANCE ABUSE NON-DOT REGULATED POSITIONS This policy applies to every person in the performance of non-DOT regulated positions. No employee may use, possess, manufacture, distribute, promote or sell alcohol, any drug or drug paraphernalia while performing work for the City or while on City property or in a City vehicle. No employee may report to work, remain on duty, or perform any City business while impaired by or under the influence of any drug or alcohol. No employee may use City property or the employee’s position to make or engage in the selling, dispensing, transporting, distributing, manufacturing, compounding, or promoting of alcohol of drugs. The use of prescribed or over-the-counter drugs or possession incident to such use is not prohibited by this policy if the drug has been legally obtained and is being used for the purpose for which it was prescribed or manufactured; and the drug is being used by the person for whom it was prescribed at the dosage prescribed or authorized; and the use of the drug is not inconsistent with the safe and efficient performance of the employee’s duties. It is the employee’s responsibility to determine from his/her licensed practitioner, physician, or dentist whether the prescribed drug would impair their ability to perform the essential functions of their position. See below regarding reporting requirements. Regardless of State Laws on recreational and medical marijuana use, marijuana (THC) is a schedule I prohibited substance as defined by the United States Drug Enforcement Agency and is a banned substance under this policy. A positive marijuana test is a violation of this policy. A violation of this policy shall result in disciplinary action that may include termination. REPORTING REQUIREMENTS In accordance with the Drug Free Workplace Act of 1988, an employee who is convicted of any federal or state criminal drug statute for violation occurring in the workplace shall notify the Human Resources Department of the conviction no later than five (5) days after such conviction. The employee is required to immediately notify his or her supervisor of the use of any prescription medication that may affect the ability to perform duties safely and/or efficiently. The City may determine that such use is inconsistent with the City’s policy to maintain a safe workplace and direct the employee to use sick leave until able to safely perform their job. It is the responsibility of the employee to advise his/her treatment provider of the duties he/she is required to perform to determine the best form of treatment for the employee and any available alternatives. The City may refer any employee to a fitness for duty evaluation by a physician selected by the City if there are reasonable grounds to question their ability to perform the employee’s job satisfactorily and safely and/or compliance with this policy. Such evaluation shall be at the City’s sole expense. An employee may submit any information from the employee’s treating physician regarding prescribed drugs and potential impact on job performance. Moses Lake Council Packet 1-24-23, Page 115 of 318 Employee Handbook Updated 2/1/23 Page | 40 TESTING Pre-Employment Testing – Applicants who have been given a conditional offer of employment in a nonregulated, safety-sensitive position may be required to pass a drug and/or alcohol test prior as a condition of employment. Each applicant subject to this section shall be advised in writing (generally at the time of application) that pre-employment testing will be conducted to determine the presence of drugs and/or alcohol in the applicant’s system. An applicant who refuses to submit or fails the drug and/or alcohol test will not be hired by the City. Testing Based on “Reasonable Suspicion” – Reasonable suspicion testing is used when circumstances indicate that an employee may have alcohol and/or drugs present in his or her system or has otherwise violated this policy. Reasonable suspicion may arise from, among other factors: 1. Observable phenomenon while at work, such as direct observation of drug or alcohol use or of the physical symptoms or manifestations of being under the influence of alcohol or a drug. 2. Abnormal conduct or erratic behavior while at work or significant performance decline, or changes indicating possible violation of this policy. 3. Information provided either by reliable and credible sources or independently corroborated. 4. Evidence that an individual has tampered with a drug or alcohol test. 5. Involvement in a workplace, on-the-job incident or vehicular accident or any other actions which indicate a possible error in judgment or negligence which may be due to the presence of drugs and alcohol. 6. Arrest or conviction of an alcohol or drug-related offense, or the identification of an employee as the focus of a criminal investigation into the illegal use, possession, sale, dispensation, transportation, distribution, manufacture, or promotion of alcohol or a drug. While the employee may be relieved of duty at any time because of such concerns, two supervisory personnel, at least one of whom is trained in detection of the possible symptoms of drug or alcohol use, shall substantiate, and concur in the decision to test an employee. If possible, the Human Resources Department should be consulted regarding the decision to test an employee for reasonable suspicion. An employee who is believed to be impaired by alcohol, drugs, or other substance shall not be allowed to continue performing their position responsibilities or drive a vehicle, including a private vehicle, until the condition of the employee has been determined. Post-Accident Testing – Following an accident (as defined above) involving an employee, the driver is required to submit to alcohol and drug tests to their supervisor. Testing should occur as soon as possible but may not exceed eight hours after the accident for alcohol testing and 32 hours after the accident for drug testing. A driver who is subject to post-accident testing must remain readily available for such testing and may not take any action to interfere with testing or the results of testing. Drivers who do not comply with post-accident testing requirement will be considered to have refused to submit to testing and will be subject to sanctions for refusal to test as provided in this policy. Refusal to Take Test – Refusal by an employee to submit to a drug and/or alcohol test authorized by this policy shall be considered insubordination and the same as a “positive” test result and shall be grounds for discipline, up to an including termination. Moses Lake Council Packet 1-24-23, Page 116 of 318 Employee Handbook Updated 2/1/23 Page | 41 Tampering with Test Results —Attempting to falsify drug or alcohol test results is prohibited and shall be grounds for discipline up to and including termination. Testing Procedures: If the City determines that testing is appropriate, the employee will be advised of the reason(s) for the test. At the employee’s request, the employee shall be given an opportunity to confer with his/her union representative prior to submitting to a drug and/or alcohol test if such representative is readily available. Under no conditions shall the availability of a representative cause a test to be cancelled or unreasonably delayed. Drug and alcohol testing shall be administered at a facility designated by the City. The City will provide the employee’s transportation to the facility. The collection and testing of the samples shall be performed only by a laboratory and by a physician or health care professional qualified and authorized to administer and determine the meaning of any test results. The employee shall complete appropriate consent forms and cooperate fully with the testing procedure and staff of the facility. The testing facility will report the results of the test directly to the City’s Human Resources Director, or his or her designee, and shall indicate whether an employee passes or fails, and/or state an opinion as to whether the employee is able to return to duty. If an employee tests positive, the employee may obtain a copy of the test results. Except as provided herein, all testing results and records will be kept confidential to the extent permitted by law. The results and records may be made available to the City Manager, employee’s department head, City Attorney, and other management level City personnel who are required to know for the purpose of determining appropriate discipline and/or counseling. The City shall pay for all costs of the test. An employee who submits to a drug and/or alcohol test will be placed on suspension with or without pay until the test results are delivered to the Human Resources Director or his or her designee. Return to Work: Following a Negative Result – If the test is negative, the employee should be returned to work without loss of pay or benefits. However, the employee may still be subject to disciplinary action arising from the situation and/or behaviors demonstrated which gave rise to the test. Following a Positive Result – A positive test will result in disciplinary action, up to and including termination. Should the discipline for a result of a positive test be less than termination, the employee who has tested positive for drugs or alcohol will not be permitted to return to work until the employee has passed a drug and/or alcohol test and has been determined to be fit to return to work by the City. Additionally, if the employee is required to undergo evaluation and/or rehabilitation, he/she must have the approval of the appropriate rehabilitation program coordinator to return to work, where applicable. On return, such employee is subject to random testing as determined by the appropriate substance abuse professional after consultation with the City. Additionally, any employee allowed to return to work will be required to sign a “Last Chance” Moses Lake Council Packet 1-24-23, Page 117 of 318 Employee Handbook Updated 2/1/23 Page | 42 agreement. Employees will utilize their insurance benefits and/or EAP and will be responsible for any out-of-pocket costs for any follow-up testing. Refusal to comply with any requirement of this section shall disqualify the employee from employment with the City, be considered an act of insubordination and result in appropriate discipline. Search Notice and Conditions – The purpose of this section is to provide the parameters under which the City may conduct a search of City property under the control of an employee to determine whether the employee has committed a violation of this policy. When a supervisor or manager has reasonable suspicion to believe that an employee possesses alcohol or a drug in violation of this policy, the supervisor may conduct a search of any property that is owned and maintained by the City that the employee directly or indirectly controls or uses, including but not limited to City vehicles, offices, shelves, books, desks, file cabinets, storage furniture, machinery, clothing owned by the City but not worn at the time the search is conducted, and other property or equipment in which alcohol or a drug could be stored. Prior to conducting the search, the supervisor shall consult with the Human Resources Director, or his or her designee, to determine whether reasonable suspicion exists. An employee may request the presence of his/her union representative if such representative is readily available. To the degree appropriate, employee privacy and confidentiality shall be preserved by the City. However, employees shall have no expectation of privacy as to the work areas and City property described above. Any substance discovered on City premises in violation of this policy will be confiscated. The search of any employee, his or her personal purse, personal handbag, or personal briefcase, or his or her personally owned vehicle during a criminal investigation shall be conducted by a law enforcement officer and shall be outside the scope of this policy. However, nothing in this policy shall prohibit the City from notifying law enforcement officers in the event that criminal conduct is discovered during an investigation into a violation of this policy. Enforcement and Discipline – A violation of this policy may be grounds for immediate termination. Additionally, law enforcement authorities may be notified if criminal conduct is suspected. Rehabilitation and EAP – Subject to the coverage limitations of its benefits programs, the City offers employees the use of rehabilitative services through the Employee Assistance Program (EAP) and or medical insurance. Any employee who comes forth and notifies the City of alcohol or drug abuse problems will be given the assistance extended to employees with any other illness. Any such program, however, may not interfere with the tests required by these rules. Moreover, the fact that an employee is chemically dependent does not relieve the employee in any way from abiding by this policy. In addition, chemically dependent employees are subject to appropriate disciplinary action up to and including termination if they violate this policy, do not meet satisfactory general performance standards, conduct requirements, or other conditions of employment. Sick leave, vacation leave or leave of absence without pay may be granted for treatment and rehabilitation as in other illnesses. Insurance coverage for treatment will be provided to the extent of individual coverage. Confidentiality of information will be maintained as much as possible at all times. Moses Lake Council Packet 1-24-23, Page 118 of 318 Employee Handbook Updated 2/1/23 Page | 43 Privacy – The City recognizes that employee and applicant records and information regarding substance abuse are extremely sensitive. Accordingly, records of employees receiving treatment for chemical dependency or other records or information secured regarding employees or applicants will be maintained and used by the City in confidentiality to the extent provided by law. The results and records may be made available to the City Manager, employee’s department head, City Attorney, and other management level City personnel who have a legitimate business reason to know the information. The City will maintain records and reports as required by appropriate government authorities. DRUG AND ALCOHOL POLICY FOR DOT REGULATED EMPLOYEES This policy complies with 49 CFR Part 40, as amended, 49 CFR Part 382, as amended, and RCW 46.25, as amended. Copies of 49 CFR Parts 382 and 40 can be found on the Internet at the Department of Transportation (DOT) Office of Drug and Alcohol Policy and Compliance website http://www.transportation.gov/odapc. A copy of RCW 46.25 may be found on the Internet at the Washington State Legislature Uniform Commercial Driver’s License Act Website https://app.leg.wa.gov/RCW/default.aspx?cite=46.25. All covered employees are required to submit to drug and alcohol tests as a condition of employment in accordance with these regulations. The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the covered workplace. An employee who is convicted of any criminal drug statute for a violation occurring in or outside of the workplace shall notify Human Resources no later than five days after such conviction. COVERED EMPLOYEES This policy applies to every person whose position requires the possession of a commercial driver’s license (CDL); every employee performing a “safety-sensitive function” as defined below, and any person applying for such positions. Under FMCSA (49 CFR Part 382), you are a covered employee if you perform any of the following safety-sensitive functions: Driving a commercial motor vehicle which requires the driver to have a CDL: (1) Has a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or (2) Has a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 or more pounds), whichever is greater; or (3)Is designed to transport 16 or more passengers, including the driver; or (4) Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR part 172, subpart F). Waiting to be dispatched to operate a commercial motor vehicle Inspecting, servicing, or conditioning any commercial motor vehicle Performing all other functions in or upon a commercial motor vehicle (except resting in a sleeper berth) Moses Lake Council Packet 1-24-23, Page 119 of 318 Employee Handbook Updated 2/1/23 Page | 44 Loading or unloading a commercial motor vehicle, supervising or assisting in the loading or unloading, attending a vehicle being loaded or unloading, remaining in readiness to operate the vehicle, or giving or receiving receipts for shipments being loaded or unloaded Repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle PROHIBITED BEHAVIOR The following conduct regarding alcohol and drug use or abuse is also prohibited: An employee may not report for or remain on duty requiring the performance of duties covered under this policy while having an alcohol concentration of 0.04 or greater. An employee may not possess or use alcohol while on duty or while operating a commercial vehicle. An employee may not report to work or be at work in an impaired condition due to alcohol. An employee may not operate a commercial vehicle within four hours after using alcohol. An on-call employee who consumes alcohol within four hours of being called in must acknowledge the use of alcohol and may not report for duty. An employee required to take a post-accident alcohol test may not use alcohol for eight hours following the accident, or until a post-accident alcohol test is given, whichever comes first. An employee may not report for duty or remain on duty which requires driving a commercial vehicle under the influence of any Controlled Substance. Prohibited drugs include Marijuana, Cocaine, Phencyclidine (PCP), Opioids and Amphetamines. An employee may not report for duty or remain on duty which requires driving a commercial vehicle when the employee has used a drug or drugs. Employees who are taking a prescription or over-the-counter medication that may impair their ability to perform their duties safely and effectively must provide written notice from their physician or pharmacist with respect to the effects of such substances. An employee may not refuse to submit to a post-accident, random, reasonable suspicion, or follow-up alcohol or drug test as directed by this policy. Failure to do so shall be considered the same as a positive test result. An employee may not report for duty or remain on duty requiring the performance of duties covered under this policy if the employee tests positive for a controlled substance or alcohol. An employee may not tamper with, adulterate, alter, substitute or otherwise obstruct any testing process required under this policy. Tampering shall be considered the same as a positive test result. No employee may manufacture, distribute, dispense, possess, use or sell drugs or alcohol in the workplace, while on duty, or while performing City business. CONSEQUENCES FOR VIOLATIONS FMCSA Consequences Following a positive drug or alcohol (BAC at or above 0.04) test results or test refusal, the employee will be immediately removed from the safety-sensitive duty and referred to a Moses Lake Council Packet 1-24-23, Page 120 of 318 Employee Handbook Updated 2/1/23 Page | 45 Substance Abuse Professional (SAP) in accordance with 49 CFR Part 40, Part 382 and RCW 46.25, et al. Following a BAC of 0.02 or greater, but less than 0.04, the employee will be immediately removed from safety-sensitive duties until the start of the employee’s next regularly scheduled duty period, but not less than 24 hours following administration of the test. An employee will be subject to appropriate disciplinary action as specified in the appropriate collective bargaining agreement and the Corrective and Disciplinary Action Policy, up to and including termination from employment if: 1. the employee tests positive for a controlled substance or drug; 2. results from an alcohol test indicate a blood alcohol level of 0.02 or greater; and/or, 3. the employee has engaged in prohibited conduct as outlined above. All employees, regardless of disciplinary action taken, will be advised of resources available to the employee in evaluating or resolving problems associated with drug use or alcohol misuse. The following provisions apply to those employees who are not terminated for their policy violations: If an employee tests positive for drugs or has an alcohol test that indicates a blood alcohol level of .04 or greater from a random, reasonable suspicion or post-accident test, or engages in prohibited conduct as outlined above, the employee will be immediately removed from duties requiring the driving of a commercial vehicle. The employee will not be permitted to return to work unless he/she: 1. has been evaluated by a qualified Substance Abuse Professional; and, 2. if recommended by a Substance Abuse Professional, has properly followed any rehabilitation prescribed; and, 3. has a verified negative result on a return-to-duty alcohol (<0.02) and/or drug test. Upon completion of a recommended rehabilitation program and successful return to work, an employee will be subject to follow-up random testing for up to sixty (60) months as recommended by the Substance Abuse Professional and the City, with a minimum of six (6) such unscheduled tests within the first twelve (12) months of returning to duty. Additionally, any employee allowed to return to work will be required to sign a “Last Chance” agreement. Employees will utilize their insurance benefits and/or EAP and will be responsible for any out-of-pocket costs for any follow- up testing. Refusal to comply with any requirement of this section shall disqualify the employee from employment with the City, be considered an act of insubordination and result in appropriate discipline. Employees having a breath alcohol concentration of at least 0.02 but less than 0.04 shall be removed from duty requiring the driving of a commercial vehicle for at least 24 hours. Moses Lake Council Packet 1-24-23, Page 121 of 318 Employee Handbook Updated 2/1/23 Page | 46 CIRCUMSTANCES FOR TESTING Pre-Employment Testing All individuals who are covered by this policy must pass a drug/alcohol test as a post-conditional offer condition of employment or transfer to an available position not covered by this policy for which they are qualified. In accordance with 49 C.F.R. Part 40, Section 655.41(a) (2) when a covered employee or applicant has previously failed or refused a pre-employment drug test administered under this section, the employee must provide the City proof of having successfully completed a referral, evaluation and treatment plan as described in 49 C.F.R. Part 40 Section 655.62 before being eligible to reapply. If a covered employee has not performed a safety-sensitive function for thirty (30) or more consecutive calendar days and has not been in the random testing pool during that time, the employee must take and pass a pre-employment test before he or she can return to a safety- sensitive function. A covered employee or applicant who has previously failed or refused a DOT pre-employment drug and/or alcohol test must provide proof of having successfully completed a referral, evaluation, and treatment plan meeting DOT requirements. FMCSA Drug Testing Exceptions A driver is not required to undergo a pre-employment test if: (1) The driver has participated in a DOT testing program within the previous thirty (30) days; and (2) While participating in that program, either: (i) Was drug tested within the past six months (from the date of application with the City, or (ii) Participated in the random drug testing program for the previous twelve (12) months (from the date of application with the City); and (3) The City can ensure that no prior employer of the driver of whom the City has knowledge has records of a violation of this part or the controlled substances use rule of another DOT agency within the previous six (6) months. Reasonable Suspicion Testing All DOT covered employees shall be subject to a drug and/or alcohol test when the City has reasonable suspicion to believe that the covered employee has used a prohibited drug and/or engaged in alcohol misuse. A reasonable suspicion referral for testing will be made by a trained supervisor or other trained company official on the basis of specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the covered employee. Covered employees may be subject to reasonable suspicion drug testing any time while on duty. Covered employees may be subject to reasonable suspicion alcohol testing while the employee is performing safety-sensitive functions, just before the employee is to perform safety- sensitive functions, or just after the employee has ceased performing such functions. Moses Lake Council Packet 1-24-23, Page 122 of 318 Employee Handbook Updated 2/1/23 Page | 47 If removed from duty based on reasonable suspicion of alcohol use and an alcohol test is not administered within eight (8) hours, the employee will not be allowed to perform or continue to perform covered functions until: 1. an alcohol test is administered and the driver’s breath alcohol concentration measures less than 0.02; or 2. Twenty-four (24) hours have elapsed following the determination that there is reasonable suspicion to believe that the employee has violated this policy concerning the use of alcohol. Post-Accident Testing DOT FMCSA Procedures Covered employees shall be subject to FMCSA post-accident drug and alcohol testing under the following circumstances: Fatal Accidents As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, and involving the loss of a human life, drug and alcohol tests will be conducted on each surviving covered employee who was performing safety-sensitive functions with respect to the vehicle. Non-fatal Accidents As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, and not involving the loss of a human life, an alcohol test will be conducted on each driver who receives a citation within eight (8) hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if: The accident results in injuries requiring immediate medical treatment away from the scene; or one or more motor vehicles incur disabling damage and must be transported away from the scene by a tow truck or other motor vehicle. As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, and not involving the loss of a human life, a drug test will be conducted on each driver who receives a citation within thirty-two (32) hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if: The accident results in injuries requiring immediate medical treatment away from the scene; or one or more motor vehicles incur disabling damage and must be transported away from the scene by a tow truck or other motor vehicle. A covered employee subject to post-accident testing must remain readily available, or it is considered a refusal to test. Nothing in this section shall be construed to require the delay of necessary medical attention for the injured following an accident or to prohibit a covered Moses Lake Council Packet 1-24-23, Page 123 of 318 Employee Handbook Updated 2/1/23 Page | 48 employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care. Drivers who do not comply with post-accident testing requirements will be considered to have refused to submit to testing and will be subject to sanctions for refusal to test as provided in this policy. Random Testing Random drug and alcohol tests are unannounced and unpredictable, and the dates for administering random tests are spread reasonably throughout the calendar year. Random testing will be conducted at all times of the day when safety-sensitive functions are performed. Testing rates will meet or exceed the minimum annual percentage rate set each year by DOT FMCSA. The current year testing rates can be viewed online at http://www.transportation.gov/odapc/random-testing-rates. If a given driver is subject to random testing under the rules of more than one DOT agency, the driver will be subject to random drug and alcohol testing at the annual percentage rate established by the DOT agency regulating more than 50% of the driver’s function. The selection of employees for random drug and alcohol testing will be made by a scientifically valid method, such as a random number table or a computer-based random number generator. Under the selection process used, each covered employee will have an equal chance of being tested each time selections are made. A covered employee may only be randomly tested for alcohol misuse while the employee is performing safety-sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased performing such functions. A covered employee may be randomly tested for prohibited drug use anytime while on duty. Each covered employee who is notified of selection for random drug or random alcohol testing must immediately proceed to the designated testing site. Return to Duty Testing Any employee who is allowed to return to safety-sensitive duty after failing or refusing to submit to a DOT drug and/or alcohol test must first be evaluated by a substance abuse professional (SAP), complete an SAP-required program of education and/or treatment, provide a negative return-to-duty drug and/or alcohol test result, and sign a Last Chance Agreement. All tests will be conducted in accordance with 49 CFR Part 40, Subpart O. Follow-up Testing Employees returning to safety-sensitive duty following leave for substance abuse rehabilitation will be required to undergo unannounced follow-up alcohol and/or drug testing for a period of one (1) to five (5) years, as directed by the SAP. The duration of testing will be extended to account for any subsequent leaves of absence, as necessary. The type (drug and/or alcohol), number, and frequency of such follow-up testing shall be directed by the SAP. All testing will be Moses Lake Council Packet 1-24-23, Page 124 of 318 Employee Handbook Updated 2/1/23 Page | 49 conducted in accordance with 49 CFR Part 40, Subpart O, but will not be less than six (6) tests in the first twelve (12) months following the employee’s return to driving duty. The employee must also comply and remain in compliance with all SAP prescribed/recommended rehabilitation and/or treatment programs. Employees who test positive for drugs may request a second test of the remaining portion of the split sample within seventy-two (72) hours of notification of a positive test result by the Medical Review Officer. SECURING INFORMATION FROM PREVIOUS EMPLOYERS If a person is to be hired into a position subject to this policy and during the previous two (2) years has worked as a driver of a commercial vehicle, that person must authorize a request of all employers of the driver within the past two (2) years to release information on the following: 1. Positive alcohol or drug tests 2. Refusal to be tested This information must be obtained before the person is employed by the City. However, if the information has not arrived by the anticipated start date, and if the person has passed the pre- employment drug test, the person may be hired, and the requested information must be obtained from the previous employers within fourteen (14) calendar days of the date of hire. If the information has not been received within the fourteen (14) calendar days, after fourteen (14) days the person will not be permitted to drive commercial vehicles until the information has arrived. If the information obtained from the previous employer indicates either a positive test or that a refusal to be tested occurred within the past two (2) years, that person will not be permitted to drive commercial vehicles unless subsequent information indicates that an evaluation by a Substance Abuse Professional was made and return to duty testing was administered. CONFIDENTIALITY AND RECORD RETENTION All records related to drug and alcohol testing will be maintained in a secure location with controlled access. These records will be kept separate from records pertaining to all other employees. TESTING PROCEDURES All DOT FMCSA drug and alcohol testing will be conducted in accordance with 49 CFR Part 40, as amended. Dilute Urine Specimen If there is a negative dilute test result, the City will conduct one additional retest. The results of the second test will be the test of record. Dilute negative results with a creatinine level greater than or equal to 2 mg/dL but less than or equal to 5 mg/dL will require an immediate recollection (as indicated on the MRO result letter). The re-collection will be conducted under direct observation as required under 49 CFR Part 40. Moses Lake Council Packet 1-24-23, Page 125 of 318 Employee Handbook Updated 2/1/23 Page | 50 Split Specimen Test In the event of a verified positive test result, or a verified adulterated or substituted result, the employee (and only the employee) can request to the MRO that the split specimen be tested at a second laboratory. The City guarantees that the split specimen test will be conducted in a timely fashion. It is the responsibility of the employee to cover all costs associated with the testing of a split specimen. TEST REFUSALS As a covered employee, you have refused to test if you: 1. Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by the City. 2. Fail to remain at the testing site until the testing process is complete. An employee who leaves the testing site before the testing process commences for a pre-employment test has not refused to test. 3. Fail to attempt to provide a breath or urine specimen. An employee who does not provide a urine or breath specimen because he or she has left the testing site before the testing process commenced for a pre-employment test has not refused to test. 4. In the case of a directly observed or monitored urine drug collection, fail to permit monitoring or observation of your provision of a specimen. 5. Fail to provide a sufficient quantity of urine or breath without a valid medical explanation. 6. Fail or decline to take a second test as directed by the collector or the City for drug testing. 7. Fail to undergo a medical evaluation as required by the MRO or the City’s Designated Employer Representative (DER). 8. Fail to cooperate with any part of the testing process. 9. Fail to follow an observer’s instructions to raise and lower clothing and turn around during a directly observed test. 10. Possess or wear a prosthetic or other device used to tamper with the collection process. 11. Admit to the adulteration or substitution of a specimen to the collector or MRO. 12. Refuse to sign the certification at Step 2 of the Alcohol Testing Form (ATF). 13. Fail to remain readily available following an accident. As a covered employee, if the MRO reports that you have a verified adulterated or substituted test result, you have refused to take a drug test. As a covered employee, if you refuse to take a drug and/or alcohol test, you incur the same consequences as testing positive and will be immediately removed from performing safety- sensitive functions and referred to an SAP. A violation of this policy shall result in disciplinary action that may include termination. DOT-FMCSA CLEARINGHOUSE The Clearinghouse is a centralized database that employers will use to report drug and alcohol program violations and to check that current or prospective employees are not prohibited from Moses Lake Council Packet 1-24-23, Page 126 of 318 Employee Handbook Updated 2/1/23 Page | 51 performing safety-sensitive functions, such as operating a commercial motor vehicle (CMV), due to an unresolved drug and alcohol program violation—that is, a violation for which the driver has not completed the return-to-duty (RTD) process. This query must be conducted as part of a pre- employment driver investigation, and at least annually for current employees. The driver’s commercial driver’s license (CDL) number and issuing State will be used when reporting a drug and alcohol program violation in the Clearinghouse. The Clearinghouse will contain records of violations of drug and alcohol prohibitions in 49 CFR Part 382, Subpart B, including positive drug or alcohol test results and test refusals. When a driver completes the return-to-duty (RTD) process and follow-up testing plan, this information will also be recorded in the Clearinghouse. Drivers are not required to register for the Clearinghouse. However, a driver will need to be registered to provide electronic consent in the Clearinghouse if a prospective or current employer needs to conduct a full query of the driver’s record. A driver must also be registered to electronically view the information in his or her own Clearinghouse record. Any covered employee refusing to provide consent for the City to conduct a limited query of the Clearinghouse will be prohibited from performing safety-sensitive functions, including driving a commercial motor vehicle (CMV), as required by FMCSA drug and alcohol program regulations. VOLUNTARY SELF-REFERRAL DOT FMCSA Procedures Any covered employee who has a drug and/or alcohol abuse problem and has not been selected for reasonable suspicion, random or post-accident testing or has not refused a drug or alcohol test may voluntarily refer her or himself to the Human Resources Department, who will refer the individual to a substance abuse counselor for evaluation and treatment. A self-referral is not a violation of this policy and will not, in itself, be grounds for termination. The substance abuse counselor will evaluate the employee and make a specific recommendation regarding the appropriate treatment. Employees are encouraged to voluntarily seek professional substance abuse assistance before any substance use or dependence affects job performance. Any safety-sensitive employee who admits to a drug and/or alcohol problem will immediately be removed from his/her safety-sensitive function until successful completion of a prescribed rehabilitation program. Prior to participating in a safety-sensitive function, the employee must also undergo a DOT return-to-duty drug test with a verified negative result and/or a return-to- duty alcohol test with a result indicating an alcohol concentration of less than 0.02. PRESCRIPTION DRUG USE The use of prescribed or over-the-counter drugs or possession incident to such use is not prohibited by this policy if the drug has been legally obtained and is being used for the purpose for which it was prescribed or manufactured; and the drug is being used by the person for whom it was prescribed at the dosage prescribed or authorized; and the use of the drug is not inconsistent with the safe and efficient performance of the employee’s duties. It is the Moses Lake Council Packet 1-24-23, Page 127 of 318 Employee Handbook Updated 2/1/23 Page | 52 employee’s responsibility to determine from his/her licensed practitioner, physician, or dentist whether the prescribed drug would impair their ability to perform the essential functions of their position. The employee is required to immediately notify his or her supervisor of the use of any prescription medication that may affect the ability to perform duties safely and/or efficiently. The City may determine that such use is inconsistent with the City’s policy to maintain a safe workplace and direct the employee to use sick leave until able to safely perform their job. It is the responsibility of the employee to advise his/her treatment provider of the duties he/she is required to perform to determine the best form of treatment for the employee and any available alternatives. The City may refer any employee to a fitness-for-duty evaluation by a physician selected by the City if there are reasonable grounds to question their ability to perform the employee’s job satisfactorily and safely and/or compliance with this policy. Such evaluation shall be at the City’s sole expense. An employee may submit any information from the employee’s treating physician regarding prescribed drugs and potential impact on job performance. Regardless of State Laws on recreational and medical marijuana use, marijuana (THC) is a schedule I prohibited substance as defined by the United States Drug Enforcement Agency and is a banned substance under this policy. A positive marijuana test is a violation of this policy. A violation of this policy shall result in disciplinary action that may include termination. CONTACT PERSON For questions about the City’s anti-drug and alcohol misuse program, contact Human Resources. 4.11 ACCIDENT PREVENTION AND SAFETY It is the City’s intent to provide safe working conditions for its employees. Every employee is responsible for maintaining a safe work environment and following city, state and federal safety policies. Employees shall promptly report all unsafe or potentially hazardous conditions to their supervisor. The City will make every effort to remedy problems as quickly as possible. The City encourages the promotion of accident prevention and safety education at regular department/division safety meetings. Employees in certain jobs or when performing certain tasks, operating equipment or as otherwise instructed, are required to use personal protective equipment provided by the City, such as safety vests/glasses, hearing protection, gloves and/or hard hats. Employees are prohibited from removing guards or other protective devices from machinery and equipment or in any way tampering with or disabling safety measures. Violations of safety requirements may result in discipline, up to and including termination. In case of an accident involving personal injury or damage to property, regardless of how minor or if a motor vehicle is involved in a collision of any kind, any involved employees shall immediately notify their supervisor or department director or designee. In any accident that results in serious property loss or bodily injury, it is the City’s policy to test the employee for drugs or alcohol use, to confirm that the use of drugs or alcohol was not a factor in the accident. Moses Lake Council Packet 1-24-23, Page 128 of 318 Employee Handbook Updated 2/1/23 Page | 53 In addition, no City employee is permitted to engage in conduct after an accident or injury occurs, that will negatively impact the City’s or law enforcement’s investigation of the accident. On the Job Employee Injuries: When an on-the-job injury occurs, employees are to report to their immediate supervisor each injury or illness regardless of the degree of severity. As soon as possible after an accident or occupational illness is discovered, the employee must complete the City’s online Incident Report form and notify the Human Resources Department within twenty-four (24) hours that the form was submitted. If applicable, the employee is responsible for completing the Washington State Labor and Industries claim form. Supervisors are required to complete the supervisor portion of the accident report form. Should the injury require attention beyond basic first aid, the employee should have his or her treating physician complete the applicable portion of the Washington State Labor and Industries Claim form. Injured employees must submit physician time loss certification to their Department director or designee and if absent from work for more than seven (7) days, contact his or her Department director or designee once a week or as otherwise required to keep the City informed of their condition, progress and intent to return to work. The injured employee’s Department director or designee shall immediately forward the original completed time loss certification to Human Resources. Accidents/Incidents: Employees shall report any work-related accidents involving a third-party personal injury and/or damage to public/private property or equipment, regardless of how minor, to their immediate supervisor, Department director and Human Resources. Such report shall be made as soon as possible, but in no event later than one (1) hour following such accident. So that an accident may be timely reported, the initial report may be given verbally. As soon as possible, the employee must complete the City’s online Incident Report form and, unless the employee is medically unable to, no later than twenty-four (24) hours following the accident, or sooner if required by the employee’s Department director or Human Resources. Employees shall compile any reports requested by their supervisor, Department director and/or Human Resources. In the case of a vehicular accident, the employee shall immediately notify the law enforcement agency having jurisdiction, which shall determine whether or not an accident investigation and/or police incident report is necessary. If required, a State Motor Vehicle Collision Report shall be completed by the employee. Bloodborne Pathogens: Since being exposed to a bloodborne pathogen may lead to sicknesses (such as hepatitis or HIV), and because the City wishes to assure its employees a safe and healthy work environment, it is the policy of the City to comply with all statutory obligations for the prevention of exposure to bloodborne pathogens. 4.12 PROFESSIONAL APPEARANCE Employees shall dress neatly and appropriately for the type of work engaged in and are expected to exhibit a professional appearance. A professional appearance is essential to a favorable impression with the public and good grooming and appropriate dress reflect employee pride and inspire confidence. Employees shall be neat, clean, and well groomed. Attention shall be given to appropriate work attire. Office employees shall dress appropriately for a business office. Suits, slacks, dresses, skirts, shirts, blouses, sweaters, and shoes shall be worn which are appropriate for public contact and the type of work performed. Moses Lake Council Packet 1-24-23, Page 129 of 318 Employee Handbook Updated 2/1/23 Page | 54 Regardless of work environment, clothing shall be maintained in good condition and shall be neat, clean, and pressed. Friday is designated as a business casual day. Attire on designated casual days should still be professional and appropriate. Jeans are allowed and must be clean, not faded, frayed, or torn. Shoes must be of a business casual nature. Employees will be allowed to wear suitable clothing with appropriate sports team logos on Fridays. The City Manager may suspend casual Friday in his/her sole discretion with or without notice. There may be additional days (wellness events, special events, etc.) that the City Manager may designate as a casual day. Employees whose job duties include working outdoors may dress appropriately when working outdoors for weather conditions and type of work. Business casual as outlined in this policy is still required. Examples of inappropriate attire may include, but is not specifically limited to: Apparel with logos that may be deemed offensive or inappropriate (inappropriate pictures, inappropriate verbiage). Apparel that is too revealing, or otherwise draws excessive attention to one’s self. Camouflage or jeans/pants below the waistline that show undergarments. Ragged or torn clothing of any kind. Athletic Apparel. The City prohibits any facial piercings (except for a modest nose stud), tongue piercings, and ear gauges; they must be removed during the business day. Also, prohibited are tattoos above the collar bone, or any visible tattoos and/or jewelry that are offensive. “Offensive” tattoos or jewelry include, but are not limited to, any tattoo, decal or charm depicting nudity, violence, sexually explicit or vulgar art or words, or that is objectionable or demeaning to the image of the City. In general, if the City’s harassment policy would prohibit the speaking of the words or display of the art in the workplace, then the tattoos or jewelry may not be visibly worn at work. Hair color should be worn in a businesslike manner so as not to distract fellow employees and the public while conducting the business of the City. Perfumes and colognes should not be excessive so as not to disturb fellow employees and the public who may be sensitive to fragrances. Supervisors/managers should communicate their department’s workplace attire and appearance guidelines to staff during the new employee orientation period and on an as-needed basis for employees needing additional guidance and/or correction. Any questions about the department’s guidelines for attire should be discussed with the immediate supervisor or department head. Special requests or medical exceptions may be granted upon approval of the department director. The City will accommodate employees who require particular grooming or attire because of sincerely held religious beliefs; provided the accommodation does not create an undue hardship or violation of a safety practice. Employees seeking an accommodation should submit their request to their supervisor or department head. Moses Lake Council Packet 1-24-23, Page 130 of 318 Employee Handbook Updated 2/1/23 Page | 55 Employees are responsible for ensuring their personal appearance meets the guidelines set forth in this policy and is appropriate for work. Any employee who does not meet the standards will be required to take the specified corrective action, which may include being asked to go home and change clothing. Non-exempt employees will not be compensated for any work time missed because of failure to comply with the workplace attire standards. Violation of this policy may result in disciplinary action, up to and including termination. Department directors are responsible for oversight and enforcement of this policy in their respective departments and shall have full discretion to resolve matters within their departments, consistent with the guidance provided by the City Manager. 4.13 ACCEPTANCE OF GIFTS No City employee shall solicit or accept, directly or indirectly, any gift, loan, favor, retainer, entertainment or other thing of monetary value from any person, firm, or corporation having dealings with the City when such acceptance would conflict, or create the appearance of a conflict, with the performance of the employee’s duties. Provided, this policy shall not prohibit: Attendance at a hosted meal provided in conjunction with a meeting, seminar, conference, etc. which relates directly to City business, or which is attended as a staff representative. An occasional non-money gift having a monetary value of $50.00 or less when the gift is offered without obligation or the appearance of obligation, per your department’s policy. An award publicly presented in recognition of public service. Any gift which would have been offered or given to the employee regardless of City employment. Employees shall report the receipt of all gifts to their department head who will, in turn, report the gift to the City Manager. 4.14 DISPUTE RESOLUTION The City expects employee dissatisfaction and concerns to be resolved promptly, informally and at the lowest supervisory level able to handle the matter where possible. This policy and procedure provide a dispute resolution procedure whereby: (1) the causes of a dispute can be informally addressed (supervisors and employees are expected to resolve problems as soon as they arise); and (2) if a resolution is impossible at an early stage, employees feel confident that no retaliatory action will be taken due to the employee's use of this procedure. STEP ONE – ORAL PRESENTATION OF DISPUTE TO THE SUPERVISOR The employee or group of employees may informally present a dispute to their immediate supervisor orally within ten (10) calendar days from the date the act or incident occurred or the date the employee(s) should have reasonably become aware of the act or incident. The employee and supervisor are encouraged to discuss the issue(s) in an open manner and to reach a mutually satisfactory solution. The employee and supervisor may invite an impartial person to assist them in resolving the matter. Any disputes or concerns regarding violation of the City's harassment policy should be addressed using the procedure set forth in that policy. Moses Lake Council Packet 1-24-23, Page 131 of 318 Employee Handbook Updated 2/1/23 Page | 56 STEP TWO – WRITTEN APPEAL TO THE DEPARTMENT HEAD If the dispute is not settled in Step One, the employee may submit the appeal in writing to the department head within five (5) working days from the date of receipt of the supervisor’s response to the oral appeal. To be considered valid, a written complaint must include all of the following: 1. The specific provision of the Moses Lake Personnel Policies the employee contends has been violated. 2. A statement of facts describing the alleged violation. 3. The date of the alleged violation. 4. Witnesses to the alleged violation; and 5. The requested remedy. The department head will reply in writing within a reasonable time, generally not more than ten calendar days after receipt of the written dispute, not including the day received. The decision of the department head shall not act as precedent or bind the City as to how future disputes may be handled. STEP THREE – WRITTEN APPEAL TO THE CITY MANAGER If the appeal is not settled in Step Two, the written appeal may be presented along with pertinent correspondence, records and information accumulated to date to the City Manager within ten (10) calendar days after the department head’s written response is given. The City Manager may meet with all individuals involved with the dispute and related proceedings. The City Manager will reply within a reasonable time, generally not more than ten (10) calendar days after receipt of the grievance or the date of the meeting with the City Manager. The decision of the City Manager is final and binding on the employee or group of employees, the supervisor, and the department director/manager concerned. The City Manager may appoint a hearing officer, a neutral panel, or other representative(s) to conduct the process as outlined in Step Three. TIME LIMITS The time limits prescribed in this section for the initiation and completion of the steps of the procedure may be extended by mutual consent of the parties involved. Any step in the procedure may be eliminated by mutual consent. Mutual consent shall be in writing and shall be signed by all parties involved. COLLECTIVE BARGAINING AGREEMENTS AND/OR CIVIL SERVICE Employees covered by the provisions of a collective bargaining agreement shall not use this policy and procedure but shall instead use the applicable grievance procedures in the collective bargaining agreement. Employees represented by a bargaining unit or who are covered under Civil Service rules should follow the grievance procedure set forth in their respective labor contract or in applicable Civil Service rules where applicable. In all other cases, the complaint procedure described in this chapter is to be used. An employee may file a grievance or a complaint, but not both, on any issue that is addressed in this manual and in a labor contract or Civil Service rule. Moses Lake Council Packet 1-24-23, Page 132 of 318 Employee Handbook Updated 2/1/23 Page | 57 CHAPTER 5 – EMPLOYEE DEVELOPMENT 5.1 PERFORMANCE EVALUATIONS AND DISCUSSIONS PURPOSE The City aspires to train, promote, and retain the best qualified individuals for every position. In support of this aspiration, in addition to ongoing informal monitoring and feedback regarding each employee’s performance, each supervisor is expected to formally evaluate individual performance at least once each year. While the City deems performance evaluations as valuable, the City has no obligation to complete performance evaluations prior to discipline or termination of at-will employees. The goals of formal performance appraisals are: To provide an opportunity for supervisors and employees to discuss the employee’s performance relative to job requirements and to set objectives for future performance. To promote professional growth and development of employees and identify training needs; and To provide documentation for personnel decisions, such as discretionary wage adjustments and the completion of probation. GUIDELINES A formal performance appraisal includes completion and signing of an approved performance evaluation by the supervisor, an interview in which the supervisor provides the employee with the written evaluation and answers questions, and an opportunity for the employee to respond in writing to the evaluation. An employee self-evaluation form may be offered to be completed by the employee at least two weeks prior to the actual performance review and may be used as a tool by the supervisor when evaluating the employee’s performance. ANNUAL PERFORMANCE EVALUATIONS An annual performance evaluation is a formal discussion on job performance to include employee strengths and weaknesses, goals attained, and areas needing improvement. If the employee receives a satisfactory performance evaluation a, PAF will be created for advancement to the next salary step increment in accordance with the current pay plan, if applicable. Employee’s Responsibilities Employees are responsible for ensuring that their job duties, performance standards, and goals are clearly understood and to seek clarification during the annual performance period if there is a question. Employees shall document their accomplishments for the period in review. Employees may also document progress toward accomplishment of goals and/or set written goals for the upcoming review period to be discussed with their supervisor. Moses Lake Council Packet 1-24-23, Page 133 of 318 Employee Handbook Updated 2/1/23 Page | 58 Supervisor’s Responsibilities The employee’s immediate supervisor completes the performance appraisal form and conducts the appraisal interview on a timely basis. If an employee has worked under more than one supervisor during the evaluation period, then the employee’s current supervisor consults with previous supervisors before completing the performance appraisal. FREQUENCY OF OTHER PERFORMANCE DISCUSSIONS Goal-Setting Discussions The goal-setting discussion is to be used to establish job duties, expectations, and goals for performance over the next evaluation period. Progress Reviews A progress review is an informal discussion to assess the employee’s performance during the year. It is an opportunity to adjust goals and to discuss any areas of concern identified. The progress review time frame is generally at a 6-month interval (mid-year and annual). A more frequent evaluation may be determined by the supervisor, but it is suggested to occur quarterly. Probationary Evaluations It is the City’s goal to conduct a probationary evaluation for all newly hired employees to assess their performance and to formally acknowledge regular-status employment or need to extend the probationary period. A completed probationary performance evaluation form and a Personnel Action Form (PAF) are required. The probationary evaluation is not normally for pay review; however, advancement to the next step increment may be granted, when authorized by the approved budget and approval is granted by the City Manager. Such a pay step increase would be recommended by the Human Resources Department, and the employee’s supervisor and granted by the City Manager and shall follow the current pay plan. Promotional Evaluations It is the City’s goal to conduct a promotional evaluation for all newly promoted employees to assess their performance and to formally acknowledge successful completion of the probationary period. Annual performance evaluations will be conducted twelve (12) months from the promotion date. 5.2 EMPLOYEE RECOGNITION The City will provide funds to support employee awards and recognition programs within the limitations of the annual budget. The intent of the budget is to reward and recognize employees as a retention and attraction tool while being a prudent steward of public funds. Employees will be responsible to pay applicable payroll taxes on monetary awards and incentives in accordance with Federal and state law and the City’s financial policies. All employees who have been continuously employed with the City for 5, 10, 15, 20, 25, 30, and 35 or more years respectively will be recognized with an appropriate award based on the number of years of service. To further recognition programs, the City Manager may authorize events funded by the City for all employees, provided that the City shall not pay for alcoholic beverages. Moses Lake Council Packet 1-24-23, Page 134 of 318 Employee Handbook Updated 2/1/23 Page | 59 5.3 PROFESSIONAL ASSOCIATIONS AND CERTIFICATIONS The City may pay directly or reimburse an employee for professional certifications, subscriptions, and professional associations dues if doing so is in the best interest of the City, with the recommendation of the department directors and approval of the City Manager. 5.4 TRAINING The City encourages employees to obtain additional training and education to increase their job knowledge and skills. The City Manager will designate a certain training budget per department, and training shall be allocated at the direction of the department director. Under the provision of the Fair Labor Standards Act, training time outside of regular working hours is generally non-compensable when the training is not required by the City or when the training or follow-up training is required for certification of employees by state, county or federal law. The City will compensate employees for mandatory training held outside of regular working hours as required by state and federal law. Training sessions may be held during regular work hours at the discretion of the department director. Moses Lake Council Packet 1-24-23, Page 135 of 318 Employee Handbook Updated 2/1/23 Page | 60 CHAPTER 6 - ATTENDANCE AND HOURS OF WORK 6.1 CITY BUSINESS HOURS – ESTABLISHED WORK WEEK The City recognizes that to be of service of the public, regular office hours and a designated work week must be established. In recognition of this, normally scheduled business hours for all departments are Monday through Friday, 8:00 a.m. to 5:00 p.m. for non-emergency, routine business matters, excluding holidays. Schedules may vary as otherwise determined by the City. The established work week is Monday 12:01 a.m. to Sunday 12:00 midnight unless otherwise defined for a flexible work schedule. 6.2 TELECOMMUTING Telecommuting is supported as an alternative work arrangement based upon the essential functions of a position and allows the City to implement telecommuting arrangements where appropriate for eligible employees. When evaluating a request to work remotely, the City will consider the following: Nature of employee’s position and extent to which duties can be performed effectively while working remotely Operational needs, including the impact of the arrangement on other staff members Employee’s ability to work independently Equipment needs Home workspace conditions, including those affecting safety and security Remote work location Other factors relevant to a particular situation Where feasible, teleworking may help attract and retain a talented work force, improve productivity and job satisfaction, increase customer service, enhance work/life balance, as well as decrease operating costs. Each teleworking arrangement is considered on a case-by-case basis, and each employee must meet and maintain eligibility requirements. Teleworking employees must comply with all City policies and consistently meet the performance and behavioral standards of their respective position. Telecommuting is not a right and requires prior approval of the Department director and the City Manager. The City or employee may discontinue the telecommuting arrangement at any time without advance notice. Telecommuting may be temporary or long-term according to a set schedule of working away from the office as described below. The director/manager or employee can suggest remote work as a possible work arrangement. Remote work arrangements will be on a trial basis for the first three months. The trial basis may be discontinued at any time at the request of either the employee or the city. After the trial period and to accommodate commuting, childcare, or other issues that may arise from a sudden schedule change, the City will endeavor to provide 30 days’ notice of a discontinuation of the remote work arrangement. There may be instances, Moses Lake Council Packet 1-24-23, Page 136 of 318 Employee Handbook Updated 2/1/23 Page | 61 however, when less or even no notice will occur. Communication between the employee and his/her supervisor is necessary to ensure any remote work changes are known. If the employee and Director/Manager agree, and the City Manager concurs, a Telecommuting Agreement Non-Exempt Employee will be prepared and signed by all parties, commencing the three-month trial period. Employees may request Telework by contacting their department director/manager. 6.3 MEAL PERIODS AND BREAKS Non-exempt employees are entitled to a middle of the workday unpaid lunch break of a minimum of 30 minutes per day. Non-exempt employees are also entitled to a paid 10-minute break for every four hours of working time. Where the nature of the work permits intermittent rest periods equivalent to ten minutes every four hours, scheduled rest periods are not required. Break periods cannot be accrued or waived. If you do not believe you are receiving adequate rest periods or a meal period during your workday, please promptly advise your supervisor. 6.4 LACTATION BREAKS Additionally, for up to two years following childbirth, employees who are nursing mothers are entitled to unpaid breaks during the workday for the purpose of expressing breast milk. These breaks will be paid to the extent they run concurrently with the above-referenced daily breaks. The City will support breastfeeding by adapting, whenever possible, work schedules to accommodate breastfeeding staff. Most nursing mothers typically require reasonable breaks (i.e., 15 to 30 minutes duration) to express milk. These breaks should normally coincide with the employee’s regular scheduled break with brief extensions as needed. Staff may request in writing, a flexible schedule to breastfeed or pump. Requests shall be made with adequate advance notice to allow for the necessary schedule adjustments. The City will provide a quiet, private location for this purpose, with onsite refrigeration if facilities allow. Within the limitations of the current collective bargaining agreement and other policies and procedures, and with respect to work unit needs, the breastfeeding employee’s schedule can be adapted to provide consistent breaks allowing adequate time for pumping and/or nursing. If necessary, the lunch hour may be modified or the beginning and/or ending of the workday may be adjusted to accommodate longer breaks to ensure a full workday. Please contact the Human Resources Director to make appropriate arrangements if you need nursing breaks. Use of Paid Leave – employees may use their vacation, floating holiday, or comp time if they need to take lactation breaks outside of the normal paid breaks. If the employee does not have accrued leave time available to use, the employee can take unpaid time. 6.5 OVERTIME/COMSPENSATORY TIME Employees who meet the definition of executive, professional, administrative, or computer professional in accordance with the Fair Labor Standards Act and Washington Minimum Wage Act are Exempt from this policy. Exempt employees are paid a salary for all hours worked and do not receive overtime pay or compensatory time in lieu of hours worked more than 40 hours per week. Exempt employees will not be subject to pay deductions for partial day absences of Moses Lake Council Packet 1-24-23, Page 137 of 318 Employee Handbook Updated 2/1/23 Page | 62 four hours or less (e.g., personal time off for errands or appointments), but will be required to deduct from their accrued leave bank for any full day absences or partial day absences of four (4) hours or less, if the employee did not work at least four (4) hours. Exempt employees who have exhausted their leave banks will receive a reduction in their salary for full day or partial day personal absences due to principles of public accountability. Exempt employees must maintain good work habits, be accountable, and regularly available during working hours. Employees who meet the FLSA definition of non-exempt, and who work more than 40 actual work hours in a work week, will be granted compensatory time (comp time) or paid overtime. Compensatory time or overtime will accrue at the rate of 1.5 times the hours worked more than 40 actual work hours per week. Work performed beyond 40 hours a week must have prior written approval from the department director/manager. All comp time or overtime must be approved in advance and is based on the department’s budget. A maximum of eighty (80) hours of compensatory time may be carried over from year to year. Compensatory time may be accumulated up to a maximum of eighty (80) hours. Compensatory time above eighty (80) hours must be used by December 31 of the current calendar year or will be forfeited. The earning and use of comp time will be documented on the employee's time sheet and scheduled with mutual agreement of employee and supervisor. 6.6 CALL-BACK Non-exempt employees called back to worksite after completing a normal workday at a time other than during their normal work hours will receive a minimum of two (2) hours pay at the overtime rate of 1.5 times regular pay. Call back time will commence when the employee arrives at their work site and will end when the reason for call back has ended or been resolved. Any time worked more than the two (2) hours will be paid in accordance with this policy. Refusal to respond to a callback is grounds for disciplinary action. 6.7 CALL-IN Non-exempt employees called to work while they are on paid leave (i.e., vacation) will be allowed to select overtime, comp time, or regular time for those hours worked during the time they would normally be on paid leave. This selection must be made with the approval and consent of their supervisor. If overtime or comp time is selected, the leave bank will be adjusted. If regular time is selected, the paid leave will be rescheduled for a later time. If the employee is required to work subsequent days, these days will be considered regular work time and any leave will be rescheduled. 6.8 TARDINESS AND ABSENTEEISM Employees shall be at work on time and performing their duties in accordance with the employee’s work schedule. Employees are responsible for notifying their supervisor or designated individual responsible for receiving absentee calls as soon as possible (and no later than the start of the workday) of an absence, late arrival to work or if they must leave early and the reason. Prior notice is required absent extenuating circumstances or prior arrangements. Any unauthorized or excessive absences or tardiness (not subject to protected state or federal laws) will result in disciplinary action, up to and including termination, consistent with state and federal law. An absence is considered to be unauthorized if the employee has not followed Moses Lake Council Packet 1-24-23, Page 138 of 318 Employee Handbook Updated 2/1/23 Page | 63 proper notification procedures or the absence has not been properly approved. An unauthorized absence will be considered an absence without pay and may be cause for disciplinary action. (See “Corrective and Disciplinary Action,” Policy) Absent extenuating circumstances, in the event the City has not heard from the employee for three (3) consecutive scheduled workdays, the employee will be considered to have resigned from employment. Factors that may be considered in determining whether poor attendance is an issue include, but are not limited to the following: A pattern of unauthorized tardiness or absence that disrupts the flow of work, burdens co-workers with extra tasks, causes an operational burden for manager or increases labor costs or adversely affects the quality of services. A pattern of unauthorized tardiness or absences the day before and/or the day after a holiday or days off. A pattern of unauthorized tardiness and absences on scheduled work weekends, Saturdays, Sundays and/or holidays; or Inclement weather is not normally considered an acceptable cause for absence. In cases where unexpected, severe inclement weather restricts vehicular traffic, those employees who arrive at work late may use accrued leave for missed time. Each department, division, or section shall designate an individual who will be responsible for receiving absentee and tardy calls. It is the employee’s responsibility to have all necessary telephone numbers to report their delay or absence. To be eligible for paid sick leave, an employee must report his/her absence to the designee a minimum of thirty (30) minutes prior to shift or longer as determined by each department, absent extenuating circumstances or prior arrangements. Paid sick leave may be granted for absences reported after the predetermined deadline only in extenuating circumstances provided that the employee reports the absence as soon as reasonably possible. (See the “Sick Leave” Policy) The City may request additional information regarding the nature of the illness or injury to determine FML eligibility, and if possible, the expected date of return when the employee has missed 3 (three) or more consecutive days of work. 6.9 INCLEMENT WEATHER – EMERGENCY DECLARATION The City of Moses Lake provides a wide array of services, including many emergency-related functions. It is the City’s policy to remain open during normal business hours, and employees are expected to make every effort to report to work during inclement or adverse weather conditions and under emergency declarations. However, in some cases, it may be necessary to temporarily modify City services or functions and closure may be deemed appropriate. When inclement weather or an emergency declaration prevents performance of regular operations or services, the determination to modify services will be made by the City Manager or designee in consultation with Department directors. All employees are expected to report to work for their normal shifts. However, in the event of extreme conditions resulting in an emergency closing of City facilities, or if the City Manager deems that it is unsafe for employees to travel or come to work, non-essential employees may be instructed not to report to work or to leave work prior to the end of their shift. The department director will determine which employees are required to be at work, even when City Moses Lake Council Packet 1-24-23, Page 139 of 318 Employee Handbook Updated 2/1/23 Page | 64 facilities have closed or other employees have been instructed not to report to work, or to leave work due to inclement weather. In addition, the City Manager may invoke the use of the telecommuting agreement to allow for remote work as deemed necessary by the Department directors. The notification process may include, but is not limited to: Email message Text Message or call Internet or intranet announcement Pay during inclement weather closures/non-closures or emergency declarations: When the determination is made to close City offices, scheduled employees will be paid for their scheduled shift. When the determination is made to either close City offices early or open late, scheduled employees will be paid for the remainder of their scheduled shift. When city offices are not closed, but the employee chooses to stay home or leave early/arrive late due to weather conditions, they may charge the time missed to vacation, floating holiday, or comp time. The employee shall advise the supervisor by phone as in any other case of late arrival or absence. Employees already on approved paid leave shall have time off charged to their leave bank as originally scheduled. When City offices are directed to be closed under an Emergency Declaration and when resources are expected to be provided through the declaration, the City may opt to reimburse the leave bank of employee time or direct the use of administrative leave under the declaration, with the approval of City Council. All time shall be tracked in a separate city fund and prepared for reimbursement through the emergency declaration. Administration of leave/procedures during an extended emergency declaration/pandemic are determined by the City Manager. The following information is an example of content that the City Manager will execute to follow a progressive decision-making process that would be modified in accordance with advice from the City Attorney and the City’s insurance provider as a tool to evaluate the administration of leave and procedures during an extended emergency declaration/pandemic. Moses Lake Council Packet 1-24-23, Page 140 of 318 Employee Handbook Updated 2/1/23 Page | 65 CHAPTER 7 - COMPENSATION 7.1 SALARY ADMINISTRATION The City complies with the Washington state Equal Pay and Opportunities Act requiring equal compensation to “similarly employed” workers along with equal opportunities for career advancement, regardless of gender. The City is committed to compensation principles which provide fair pay for the work performed, competitive salary and benefit packages, and salary placement and increases which are consistent, equitable, and responsive to changes in the organization. REVIEW OF COMPENSATION The Human Resources Department is responsible for coordinating with department directors regarding the continuing review of compensation, and for ensuring that each position is evaluated and assigned a job classification and salary range. This review should determine whether compensation accurately and fairly reflects the job responsibilities and employee performance. Internal and external equity will be taken into consideration in salary administration. Review of the compensation level is within the Human Resources Department’s discretion, and the results of such review will be considered final. MARKET ANALYSIS The Human Resources Department should conduct compensation surveys covering comparable cities with similar jobs when circumstances warrant, or the department may use the AWC Salary Survey. This and other available information should be used to help set pay policy and to determine the relative competitive position of the City’s pay structure. Compensation policy decisions should also take into consideration the City’s overall financial condition and competitive position. ENTRANCE RATE OF PAY New employees are generally hired at the beginning step of their salary range; however, an entrance rate of pay above the minimum may be offered to an applicant in the City’s discretion whose education and experience exceed the minimum qualifications for the classification or when external labor market pay-practices impact recruitment. TRAINING RATE At times, the City may hire employees who do not meet the minimum qualifications and a training rate will be established for a probationary period, allowing acquisition of minimum qualifications. Salary Range Progression: The salary schedule will be used for all non-represented employees. New hire positions will be advertised at an entry level range of step A to L. Employees generally advance to the next step increment successively after one year of employment at the preceding step until reaching the maximum of the range for that job classification. A Personnel Action Form (PAF) must be completed for all salary changes. Moses Lake Council Packet 1-24-23, Page 141 of 318 Employee Handbook Updated 2/1/23 Page | 66 A step increase may be withheld if the employee’s performance fails to meet job requirements in the annual performance evaluation as determined by the City. At the sole discretion of the City Manager, additional salary step increments or additional stipends may be granted in recognition of extraordinary accomplishments, acting appointments, external labor market pay practices, or for a probationary review under special circumstances. In the case of promotion, the employee should be placed at a step within that range that is the next step higher than their current rate of pay up to the maximum of the range, unless circumstances warrant otherwise. 7.2 WORK AT A HIGHER CLASSIFICATION A non-represented employee who is temporarily assigned to a position that is a higher pay classification and who performs all duties of the higher classification as determined by the City Manager will receive a temporary pay increase as authorized by the City Manager. Voluntary, training, and temporary assignments during a vacation period of less than 80 hours are excluded from any pay increase for working at a higher classification. 7.3 MANAGEMENT AND CLASSIFICATION OF POSITIONS The classification of positions and job descriptions will be maintained by the Human Resources Department. Supervisors and employees are encouraged to review their classifications and job descriptions annually. Changes to classifications and job descriptions will be made as necessary to reflect changes in duties, authority, responsibility and qualifications, and as authorized in the City budget. Positions will be grouped into classifications according to the type of work performed, working conditions and level of difficulty of assigned tasks and responsibilities. A periodic review of all or any part of the classification system will be conducted by Human Resources. The purpose of this review is to: 1) determine if the system accurately reflects existing conditions; 2) determine the accuracy of classification specifications; and 3) ensure positions are properly classified. Reclassifications will be effective on the date specified by the City Manager. Vacant positions will be reviewed by the immediate supervisor and/or department director/manager to: 1) assess the need to fill the position and 2) determine the position necessary to meet the needs of the department. Supervisors and department directors/managers have the flexibility to fill positions based on department objectives and needs with approval of the City Manager. 7.4 PAYDAYS All employees are paid bi-weekly on Fridays unless a holiday falls on Friday. In that event, payday will be the last workday preceding the holiday. GARNISHMENT A garnishment is a legal stoppage of a specified amount from wages to satisfy a creditor. If an employee’s wages are garnished, the payroll staff will make the necessary changes to the Moses Lake Council Packet 1-24-23, Page 142 of 318 Employee Handbook Updated 2/1/23 Page | 67 employee’s wages and a check for the garnished amount will be forwarded to the creditor as required. The employee will be notified that the garnishment is being processed. 7.5 TRAVEL AND BUSINESS EXPENSES It is the policy of the City of Moses Lake to allow the attendance and participation of authorized employees, public officials, and volunteers (hereafter referred to as travelers) at meetings, conventions, and seminars (hereafter referred to as events) where such participation is determined to be in the public’s interest. The City of Moses Lake will reimburse travelers for reasonable travel expenses incurred in the conduct of business for the City. Reimbursement for such necessary and reasonable expenses will be made subject to the rules herein by application and upon compliance with this policy and with Chapter 42.24, Revised Code of Washington. When incurring such expenses, travelers must be sensitive to public expectations as to the use of public moneys and the need to use good judgement. The City will not pay expenses which are deemed excessive, extravagant, unnecessary or unreasonable. Responsibilities of Travelers A traveler on official City business is responsible for: Being familiar with City travel and transportation regulations before embarking on travel. Exercising the same care in incurring expenses and accomplishing the purposes of the travel that a prudent person would exercise if traveling on personal business. Excess costs, circuitous routes, delays, or luxury accommodations unnecessary or unjustified in the performance of official City business travel are not acceptable and will be rejected. Paying any expenses incurred for personal preference or convenience. Returning as promptly as possible to either the official station or official residence when the City business is completed. Securing prior authorization for travel. Preparing the Travel Request and Travel Expense Report forms and providing appropriate receipts and documentation. Penalties for Fraud or Abuse City employees who are found to have claimed falsified claimed expenses under these policies are subject to disciplinary actions which may include termination from City employment. In addition, state law provides that any person intentionally submitting a false claim commits the crime of perjury in the second degree. State and City laws may also provide for additional criminal penalties including, but not limited to, theft. Advance Travel Arrangements Required All travel arrangements, including but not limited to airline reservations, hotel reservations, conference registrations, etc., shall be made in advance to take advantage of any available discounts and to avoid paying premium rates, but only after a Travel Request Form has been completed and approved. Travel Status Limitations A traveler may be considered to be in travel status when the area of travel is located at least fifty (50) miles (one-way, using the most direct route) from the closer of either the traveler’s official Moses Lake Council Packet 1-24-23, Page 143 of 318 Employee Handbook Updated 2/1/23 Page | 68 residence or official station. In some situations, there may be adequate justification for allowing a traveler to be in travel status within 50 miles, such as: When the health and safety of travelers is an issue, as noted in the next section. When it can be demonstrated that staying overnight is more economical to the City. When it can be demonstrated that staying overnight is a necessary requirement for the conference or training. Health and Safety of Travelers The health and safety of travelers is a top priority in the conduct of travel related activities. It may be necessary to alter travel plans and itineraries in consideration of hazardous inclement weather and other situations that could threaten the health and safety of City employees. When this occurs, travelers should: • Promptly notify the traveler’s supervisor of the change in travel plans. • Note the reason for any additional expense on the traveler’s travel expense voucher. Excess Travel Time Any excess travel time which is brought about by the employee’s choice of transportation or other personal reasons will be charged to the employee as vacation time. Excess Travel Expenses Any excess travel expenses which are brought about by the traveler’s personal activities are the responsibility of the traveler. Only those travel expenses directly related to City business are allowed. Travel Authorization Advance authorization for travel must be obtained as documented by a properly completed and approved Travel Request form (https://lfweb.cityofml.com/Forms/Travel). All anticipated travel expenses must be listed, and appropriate approval signatures obtained as indicated below. If assistance is needed in determining allowable rates, completing forms, etc., Finance staff will provide necessary direction. If applicable, conference or training registration documentation that indicates the purpose, dates and times of the meeting, and details of what is included with registration must be attached. The Travel Request form must be attached to the Travel Expense Report when a reimbursement request is submitted. After a Travel Request form has been fully approved, any changes that would increase the cost to the City must be authorized by the approval authority outlined below. Authorization for Exceptions No policy can anticipate all possible circumstances and provide for their needs. Consistent with the statement of policy, the City Manager may authorize exceptions to any rates or restrictions imposed by these policies. Such authorization shall be by memo summarizing the circumstances and specifically identifying the expectations to be authorized. Itemized receipts are required for such authorized amounts. Moses Lake Council Packet 1-24-23, Page 144 of 318 Employee Handbook Updated 2/1/23 Page | 69 Approvals Travel Request forms, Travel Expense Reports and credit card charges for travel shall be signed for approval as noted below: • Councilmembers – Approved by the City Manager. • Advisory Board Members – Approved by the City Manager • City Manager – Approved by the Mayor. • Department Director – Approved by the City Manager. • Other employees – Approved by the direct supervisor and department director. All out-of-state travel must be approved by the City Manager for all City employees prior to arrangements being made and commitment of liability against the City of Moses Lake for payment. This may be facilitated through the Travel Request form in Laserfiche. Travel Advances To avoid placing a hardship on an employee, a travel advance may be issued to an employee for approved anticipated out-of-pocket meal expenses to be paid by the employee during authorized travel. An advance will only be issued when anticipated out-of-pocket meal expenses exceed $50 and a Travel Request form cannot be completed at least one-week before the first day of travel due to an emergency. Advances under $50 will not be made. Travel advances are not intended for travel tickets, pre-registration fees, lodging and/or other items which can normally be billed to the City, paid through the regular accounts payable system or by City credit card. Employees must clear any outstanding advances before requesting another advance. Settlement for travel advances must be made on or before the fifteenth (15th) calendar day following the end of travel and will be accompanied by any unexpended portion of the advance including any non-reimbursable travel expenses. Such settlement shall be completed on the City’s Travel Expense Report form; all applicable receipts should be attached to the form in an orderly manner and forwarded to the Finance Department after approval by the supervisor. The travel advance is considered a lien against any amount owed by the City to the employee. Amounts considered to be in default may be withheld by the City from the employee’s monthly paycheck. Any outstanding advances not cleared before an employee’s termination will be withheld from their final paycheck. The Advance Travel Fund will not be used to make reimbursements to employees. Use of City Credit Cards City credit cards are the preferred method of payment for any expenses that cannot be prepaid through the accounts payable process, including airfare, event registration and lodging but excluding meals. Any payments made using a City credit card must comply with all City of Moses Lake credit card policies and procedures. Original, itemized receipts are required for all credit card purchases, and must be submitted with requests for payment of credit card bills. Any credit card charges that are not properly documented are the responsibility of the traveler and must be repaid to the City. City credit cards may only be used for the following employee travel related expenses: • Conference registration and conference-provided meal fees. Moses Lake Council Packet 1-24-23, Page 145 of 318 Employee Handbook Updated 2/1/23 Page | 70 • Eligible transportation related costs such as airfare, rental cars, taxi/Uber and parking fees. • Eligible lodging costs. City credit cards may not be used to pay: • Any portion of an expense that is the responsibility of the individual. For example, if lodging costs are higher because of an additional guest in the room, only the portion of the lodging cost (single occupancy) attributable to the City may be charged to the City credit card. • Meal expenses, except meals included with conference registration or included with lodging. Employees should not use personal credit cards to pay for travel expenses unless there is an unforeseen expense incurred and use of a City credit card is not possible. Travel Expense Report All travel expenses shall be submitted to the Finance Department on a Travel Expense Report form (https://lfweb.cityofml.com/Forms/Travel_Expense_Report). If assistance is needed in determining allowable rates, completing forms, etc., Finance staff will provide the necessary direction. Original, itemized, paid receipts are required for all expenses except meals purchased with per diem allowances and mileage if a City vehicle could not be used. The Travel Request form, including conference or training registration documentation that indicates the purpose, dates and times of the meeting, and details of what is included with registration must be included with the Travel Expense Report. An agenda should be attached if one was provided at the conference or training. A fully itemized travel expense report must be submitted no later than 30 days past the last day of the event date. If an employee uses a personal credit card for travel-related expenses, that must be indicated on the Travel Expense Report. In addition to the original, itemized, paid receipts, the employee must also provide a redacted copy of their credit card statement showing the charge was incurred. Individual Expense Reimbursements Except for lodging where individuals share the same room or transportation conveyance (cab, rental car, etc.), each individual seeking reimbursement must incur his/her own expense and request reimbursement on his/her own Travel Expense Report. If lodging accommodations or transportation are shared between two or more employees, the portion of the billing for all such employees may be submitted by the employee paying the bill. Registration Registration should be prepaid through the City credit card or accounts payable process. Registrations shall be made in a timely manner to take advantage of early registration discounts. If a check is to be processed, the request for payment shall be submitted in sufficient time to process the registration with regular accounts payable procedures. If it is not possible to prepay registration fees, receipts must be submitted for reimbursement. Registration costs will not be paid as part of a request for a travel advance. Moses Lake Council Packet 1-24-23, Page 146 of 318 Employee Handbook Updated 2/1/23 Page | 71 Transportation Actual costs for bus travel, train travel, taxi/Uber, tolls, car rentals, parking fees and air travel are eligible, provided all air travel shall be by coach class. Payment for air travel shall be at actual cost from the closest and most economical airport to destination and return. To take advantage of available discounts and avoid paying premium fares, travel arrangements shall be booked in advance but only after approval by the City Manager. Whenever possible, a City vehicle should be used for employee travel. Travelers may use assigned vehicles or available pool cars while on City business. Operating City owned vehicles requires a valid Washington State driver’s license. Employees shall provide proof of a current and active Washington State driver’s license to the Human Resources Department. It is the responsibility of the traveler to provide Human Resources copies of the active driver’s license including any conditions and situations that may impact the employee’s driver’s license. Wherever practical, employees should ride together to minimize costs. No mileage reimbursement will be made for casual or insignificant use of a personal vehicle within the City of Moses Lake. Mileage reimbursement within Moses Lake will be allowed if a City vehicle is not available and the use of a personal vehicle is significant and required by the job. Permission to use a personal vehicle on a regular basis must be obtained from the employee’s direct supervisor. When using a personal vehicle for City business, proof of a valid Washington State driver’s license and valid insurance is required. If an employee must use a personally owned vehicle for travel to an event, mileage will be reimbursed at the Internal Revenue Service mileage rate, provided payment will not exceed coach class airfare to and from the same destination. Only one person traveling in the same vehicle may be reimbursed for the trip. Rental vehicles will be allowed with prior authorization from a Department director, but only under exceptional circumstances related to business necessity, not personal convenience. Justification will be required with the Claim for Expense form for all rental vehicle expense claims. If available, employees are to obtain both liability and collision/comprehensive coverage provided by the rental agency for rentals of less than two (2) weeks duration. o Example: An employee’s home is in Warden and official station is in Moses Lake. The employee travels from home directly to training in Spokane. After training the employee goes by the office in Moses Lake to do some work before returning home. The miles driven between Warden and Moses Lake are considered the normal commute and therefore are not eligible for reimbursement, even if the employee does not stop at the office on the way to Spokane. However, the miles driven between the work/training locations (from Warden to Spokane) are reimbursable. Lodging Under normal circumstances, payment for lodging is only allowed when traveling more than fifty (50) miles (one-way, shortest distance) from the closer of either the traveler’s official station or official residence. Under special circumstances involving early or late meetings, or multiple day meetings, lodging expense for less than 50 miles distance may be authorized subject to the Moses Lake Council Packet 1-24-23, Page 147 of 318 Employee Handbook Updated 2/1/23 Page | 72 department director’s approval and before the occurrence happens. See “Travel Status Limitations”. The actual cost of commercial lodging facility accommodations is eligible for payment or reimbursement up to the maximum lodging rate allowed (excluding tax) for the area of travel as established by the Office of the General Services Administration (GSA). The most current maximum lodging rates can be found at the following web address: https://www.gsa.gov/travel/plan-book/per-diem-rates. An original, itemized, paid hotel bill is required. If a family member or guest accompanies the employee, the employee shall pay out- of-pocket for the additional amount over that of a single accommodation. The single accommodation rate must be noted on the hotel/motel bill submitted. Allowable lodging expenses are intended to include the basic commercial lodging rate or the “government rate” if available, and applicable sales taxes and/or hotel/motel taxes. It shall be the responsibility of the traveler to request of the lodging vendor a “government rate”, if available, unless a lower rate for the same accommodations is available with the regular rate. Use mid-priced lodging appropriate for business travels. Exceptions to the Maximum Allowable Lodging Rates In the following situations, the maximum allowable lodging amounts may not be adequate, and the City Manager, Council or Mayor may approve payment of lodging expenses that exceed the allowable amount. Approval must be made in advance of the travel. When costs in the area have escalated for a brief period of time either during special events or disasters. When lodging accommodations in the area of travel are not available at or below the maximum lodging amount, and the savings achieved from occupying less expensive lodging at a more distant site are consumed by an increase in transportation and other costs. The traveler attends an event where the traveler is expected to have business interaction with other participants in addition to scheduled events. Further, it is anticipated that maximum benefit will be achieved by authorizing the traveler to stay at the lodging facilities where the meeting, conference, convention, or training session is held. To comply with provisions of the Americans with Disabilities Act, or when the health and safety of the traveler is at risk. When meeting room facilities are necessary, and it is more economical for the traveler to acquire special lodging accommodations such as a suite rather than to acquire a meeting room and a room for lodging. Meals The City does not ordinarily reimburse for meal expenditures within a 50-mile radius of the employee’s official station or official residence, however exceptions may be made. All meals will be reimbursed based on the US General Services Administration (GSA) (https://www.gsa.gov/travel/plan-book/per-diem-rates) per diem rates for the area the meal was purchased. If the meal reimbursement is not in conjunction with travel which requires an overnight stay, per IRS regulation this reimbursement will be a taxable fringe benefit and payable on the end of the month payroll. If a represented employee is not in travel status but is Moses Lake Council Packet 1-24-23, Page 148 of 318 Employee Handbook Updated 2/1/23 Page | 73 eligible for a meal allowance in accordance with their respective Collective Bargaining Agreement, those reimbursements will be processed through payroll. No Travel Request or Travel Expense Form should be completed for these meals as they are outside of the scope of this policy. In the event that an emergency crew must eat at an area establishment, the establishment may direct bill the City or the crew lead worker/supervisor or department administrative assistant may elect to pay for the purchase using a City credit card as long as the cost of the meal does not exceed the individual per diem amount. An itemized receipt must accompany the request for reimbursement and must include the names of all employees who received a meal. The maximum meal allowances are intended to include the basic cost of a meal, any applicable sales tax, and any tip or gratuity not to exceed fifteen percent (15%) of the total cost of the meal. A $5.00 allowance for incidental expenses is included within the per diem rates for the area of travel. Incidental expenses include fees and tips given to porters, baggage carriers, hotel and restaurant staff, flight attendants, and others for personal services performed. For purposes of calculating reimbursement rates, the incidentals allowance will be allocated as follows: $1.00 for breakfast, $1.00 for lunch, and $3.00 for dinner. Per diem rates include the costs of tax and gratuity, and no additional reimbursement is authorized in excess of per diem rates. To be eligible for meal allowances, the employee must be in travel status (see “Travel Status” on page 3) for the entire City-defined meal period(s). The traveler must be in travel status as follows: • Breakfast – at least one hour prior to the traveler’s normally scheduled shift start time. • Lunch – one hour before and/or return one hour after the traveler’s normally scheduled shift lunch period. • Dinner – at least one hour after the traveler’s normally scheduled shift end time. Note: It is not a requirement that the meal be consumed during the meal period, only that the traveler is in official travel status for the entire meal period to qualify for per diem for that particular meal. The employee may not stop for a meal or depart earlier/later than necessary just to meet the meal period requirement. Meal allowances will be reduced by the amount of any meal not related to the travel, provided as part of the event, or paid for by the City through any other means. For these purposes, a meal does not include a complimentary meal served on an airline, or a “continental breakfast” which normally consists of pastries, juice, and coffee. It is expected that the traveler will use meals included in a registration fee. However, constraints such as time, dietary restrictions and/or other circumstances may preclude use of such prepaid meals. In such cases, the GSA per diem rate may be reimbursed by submitting a Travel Expense Report. Employees funded by grants must follow any reimbursement authorization/procedures pursuant to the grant. The employee should familiarize themselves with the granting agencies requirements and adhere closely to them. Example 1: A traveler with a scheduled shift of 8:00 a.m. to 5:00 p.m. attends a conference in Spokane that begins at 8:30 a.m. on Tuesday and ends at 12:00 p.m. on Wednesday. Tuesday’s lunch is included with the registration fee. The employee leaves their home in Moses Lake at 6:30 a.m. on Tuesday and arrives back at City Hall at 3:00 p.m. on Wednesday. The Moses Lake Council Packet 1-24-23, Page 149 of 318 Employee Handbook Updated 2/1/23 Page | 74 traveler will receive per diem for breakfast and dinner on Tuesday and breakfast and lunch on Wednesday. (Tuesday’s lunch has already been paid for with the registration fee.) Example 2: A traveler with a scheduled shift of 8:00 a.m. to 5:00 p.m. attends a conference in Spokane that begins at 10:00 a.m. on Tuesday and ends at 3:00 p.m. on Wednesday. No meals are included with the registration fee. The employee leaves their home in Moses Lake at 8:00 a.m. on Tuesday and arrives home at 5:00 p.m. on Wednesday. This traveler would receive per diem only for lunch and dinner on Tuesday, and breakfast and lunch on Wednesday. (The employee may not stop for dinner on the way home just to extend their travel time to qualify for the dinner per diem.) Miscellaneous Expenses Telephone and FAX: Charges for telephone and FAX are eligible for reimbursement if City business required such communication. Long distance calls submitted by the traveler for reimbursement must be itemized on the Travel Expense Report form. Personal calls due to emergency circumstances may be submitted for consideration of reimbursement. A sufficient explanation must accompany the Travel Expense Report. Laundry and Valet Service: The actual cost of laundry and/or valet service are allowable expenses when travelers are required to be away from the City for more than six days at one time or the conditions under which they are required to work while away from the City create a more than normal need for such services. Ineligible Expenses Payment for or reimbursement of any of the following expenses is prohibited: • Alcoholic beverages and tobacco • Meals, lodging accommodations or any other expenses for family or guests; • Personal telephone calls, except in emergency as stated above; • Long distance phone calls from hotel rooms; • Travel paid for by any other organizations; • Tips other than for meal service; • Mileage if traveling as a passenger in a privately owned car; • Trip insurance; • Any other personal expense for entertainment, personal grooming, or laundry except as noted above; • Room service or any in-room charges for mini-bar items, movies, etc.; • Fines, traffic or parking tickets; • Theft or loss of personal items while traveling Cancellations If travel/training is canceled, the Travel Request Form should be voided and returned to the Finance Department as soon as possible with any advanced funds received. When travel costs and/or registration or other fees have been paid by the City on behalf of the employee, and the authorized staff fails, without good cause to attend the event, said staff shall reimburse the City the amount paid by the City. Questions of good cause shall be determined by the Finance Office Moses Lake Council Packet 1-24-23, Page 150 of 318 Employee Handbook Updated 2/1/23 Page | 75 CHAPTER 8 - BENEFITS 8.1 INTRODUCTION The following are general descriptions of the City’s benefit plans. A summary description for each plan is available from the Human Resources Department. Exact terms and conditions of the benefit plans are governed by the plan documents. The plan documents control over any inconsistent statements or descriptions, written or oral. The plan documents also describe regular-status positions that are eligible for City group insurance benefits, unless otherwise provided for through collective bargaining agreements. Benefits will be assigned as outlined in the City’s Health Insurance Policy. 8.2 RETIREMENT BENEFITS MEDICARE All employees are required to contribute to Medicare Insurance. The City provides the required employer contribution. SOCIAL SECURITY Regular, intermittent, and temporary employees contribute to Social Security. The City provides the required employer contribution. DEPARTMENT OF RETIREMENT SYSTEMS – PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS) Eligibility rules and contribution rates for PERS are established by the Washington State legislature. An employee in an eligible position is required to participate in this tax-deferred retirement plan. DEFERRED COMPENSATION Regular full-time and regular part-time employees are eligible to have voluntary employee-only contributions made to one or more deferred compensation plans, up to certain dollar limits defined by Internal Revenue Code section 457. 8.3 GROUP LIFE AND LONG-TERM DISABILITY INSURANCE The City provides a group life and a long-term disability insurance policy for Non-LEOFF employees in regular-status, full-time positions; and a group life insurance policy for LEOFF employees in regular, full-time positions. Coverage is effective the first day of the month following employment in a regular status position. For employees who qualify for the above group insurance benefits, the premiums will be supplemented by the City. These group insurance benefits may change from time to time based upon insurance market conditions, City resources or other reasons. Regular status employees also may be eligible to apply for other optional insurance(s) through payroll deduction. Optional insurance coverage will not be effective until the application is approved by the provider. Moses Lake Council Packet 1-24-23, Page 151 of 318 Employee Handbook Updated 2/1/23 Page | 76 Cancellation of Coverage: The insurance coverage end date will be subject to policy in effect on the date of termination. 8.4 TEMPORARY LIGHT DUTY ELIGIBILITY AND BASIS FOR LIGHT DUTY The temporary light duty program is designed to accommodate those employees who are temporarily unable to perform essential job duties due to a medical condition. To be eligible for a temporary light duty assignment, the requesting employee must first be evaluated by a physician. Once the employee’s limitations and prognosis for recovery are determined, light duty employment opportunities may be considered if they are available and will assist the individual in returning to work. In no event will the City have an obligation to provide temporary light duty assignments. INJURY OR SERIOUS ILLNESS It is the policy of the City of Moses Lake that in the event an employee (except LEOFF I employees) is injured or has a serious illness that temporarily prevents them from performing their position, the City may require or allow the employee to return to work in a light duty status, provided the proper medical clearance has been obtained. Each request will be considered in light of the relevant factors, including the duties of the position, the anticipated return for full duty, and the overall operation and functioning of the department or division. Employees in light duty status will continue to accrue vacation, sick leave, and receive paid holiday pay consistent with City policy. Employees in a light duty status will not be eligible for call back or standby overtime. Employees will have health benefits paid by the City during the period of light duty status. However, the employee must work a total of thirty (30) hours per week or be eligible for health benefits under the Family and Medical Leave Act. Employees on light duty status may be entitled to their former positions upon return to full duty and retain all rights, seniority and benefits applicable to such positions. 8.5 HEALTH INSURANCE The City offers group medical, dental, and vision insurance plans (hereinafter referred to as health insurance) to all regular status employees and their dependents who meet eligibility requirements. Represented employees should refer to their Collective Bargaining Agreement. PREMIUM PAYMENT The City will contribute toward monthly health insurance premiums for eligible employees in regular-status, full-time positions, dependent on the specific benefit category, and provided the employee completes and submits an enrollment form. The City will make coverage available for eligible dependents. The City's contribution toward dependent health insurance premiums may vary. Detailed information concerning dependent premiums can be obtained from the Human Resources Department. Moses Lake Council Packet 1-24-23, Page 152 of 318 Employee Handbook Updated 2/1/23 Page | 77 DEPENDENT ELIGIBILITY Eligible dependents are the employee’s legal spouse, registered domestic partner. The employee’s (or employee’s spouse’s or employee’s registered domestic partner’s) natural child, adopted child, or stepchild, less than age 26, or prior to age 26 if the individual is incapable of self-support due to developmental disability or physical handicap (proof of incapacity is required). Employees may be asked to provide documentation verifying eligible dependent status. DOMESTIC PARTNER ELIGIBILITY Under Washington state law an employee may add a registered domestic partner to their insurance plan if they meet the requirements set forth under RCW 26.60.030. Employer-paid premiums for a domestic partner and their children (who are not natural or adopted children of the employee) are taxable wages. The exception to this tax issue is when a domestic partner is disabled as defined by the Internal Revenue Service and claimed by the employees on the annual income tax filing. MEASUREMENT PERIOD FOR SEASONAL EMPLOYEES OR EMPLOYEES WITH VARIABLE HOURS The initial measurement period for seasonal employees and employees who work variable hours is twelve (12) months to determine if an average of at least thirty (30) hours per week has been worked. If the employee is determined to have worked the requisite 30 hours/week on an average during the initial measurement period, then health coverage will be offered to the employee during the following twelve (12) month stability period. An employee falling into the seasonal/variable worker category who has a break of twenty-six (26) consecutive weeks or more without working for the City, will be treated as a new employee for purposes of this policy. Employees who resign/retire/terminate are no longer subject to measurement and stability periods and need not be offered health insurance except for Consolidated Omnibus Budget Reconciliation Act (COBRA) requirements. APPLICATION FOR MEMBERSHIP AND CHANGES IN COVERAGE Enrollment for health insurance or changes in coverage are to be made on prescribed forms available from the Human Resources Department. OPEN ENROLLMENT An open enrollment period for health insurance will be offered annually (typically in the month of November). At that time, employees may enroll in coverage, add/drop dependents, add/drop additional life insurance for themselves or their dependents, and opt out of coverage. Prior to the open enrollment period, the Human Resources Department will notify all employees of the time and conditions of the open enrollment period. Moses Lake Council Packet 1-24-23, Page 153 of 318 Employee Handbook Updated 2/1/23 Page | 78 EFFECTIVE DATE OF COVERAGE For eligible new employees, insurance coverage will commence on the first day of the month following employment, provided the application forms have been properly completed and returned to the Human Resources Department. SPOUSE/DEPENDENT COVERAGE Employees must complete and submit an enrollment form listing all eligible dependents to be covered upon being hired or when there is any change in status: Loss of coverage: If a spouse/registered domestic partner or dependent that is covered by another medical plan loses that coverage, they may be added to an employee’s plan if enrolled within 30-days of loss of coverage. A newly acquired spouse/registered domestic partner and stepchildren must be enrolled within 30-days of the date of marriage/registered domestic partnership. A newborn child may be covered from the date of birth provided the child is enrolled within 60-days of the date of birth. A newly adopted child may be covered from date of placement provided the child is enrolled within 60-days of the date of placement. Divorce: If an employee divorces, they must notify Human Resources within 30-days of the divorce being finalized to remove the spouse from coverage. Failure to add a new spouse, registered domestic partner or child within the time frame set forth above will result in the dependent not being eligible until the next open enrollment period or based on the rules of the insurance provider. Failure to remove an ineligible dependent from coverage within the time frame set forth above will result in the employee having to repay the cost of insurance coverage for the ineligible dependent(s); and subject the employee to further disciplinary action up to and including termination. COVERAGE WHILE ON SICK LEAVE OR OTHER PAID LEAVE OF ABSENCE Employees who are on approved sick leave or other paid leave will be treated as though they were at work for insurance coverage purposes. COVERAGE WHILE ON LEAVE OF ABSENCE WITHOUT PAY Please refer to Leave of Absence Without Pay Chapter. CANCELLATION OF COVERAGE For health insurance purposes, the employee’s actual last day worked is considered the termination date unless on approved FMLA, or other protected leave or as determined by the City Manager. An employee's health insurance will automatically be canceled on the last day of the month in which the employee. Coverage will also terminate if the employee fails to pay the premium as provided in the City’s Leave of Absence Without Pay Policy, or according to union contract. Moses Lake Council Packet 1-24-23, Page 154 of 318 Employee Handbook Updated 2/1/23 Page | 79 BENEFIT INFORMATION Information explaining the health insurance plans and respective benefits are available upon request from the Human Resources Department and/or accessible via the Plan Provider websites. The benefit programs and eligibility information will be explained upon hire, and complete information about the benefit programs can be obtained from Human Resources. Represented employees should refer to their union contract for information on programs that may be specific to the bargaining unit. Benefit programs, coverage and cost-sharing are subject to change from time to time based on insurance market conditions, City resources and changes to applicable bargaining agreements. 8.6 UNEMPLOYMENT COMPENSATION City employees may qualify for State unemployment compensation after termination from City employment depending upon the reason for termination and if certain qualifications are met. 8.7 SAFETY FOOTWEAR The department director will determine the budget and intervals for replacement based on safety regulations and actual deterioration. When unable to be invoiced to the city, approved expense will be reimbursed from a purchase receipt provided by employee. SAFETY EQUIPMENT AND RAIN GEAR Use of City furnished safety equipment and rain gear is limited to wearing on duty or during approved volunteer activities. Safety hats, masks, raingear, rubber boots, reflective vests, and gloves will be provided to employees when needed. Employee safety hats and reflective vests shall bear the City logo. Safety equipment and raingear shall always remain the property of the City and shall be returned upon termination of employment. 8.8 CITY APPAREL Use of City furnished clothing is limited to wearing on duty or during approved volunteer activities. City furnished work clothes shall be maintained in a presentable manner by the employee. The employee is responsible for cleaning issued clothing. City apparel shall be deemed necessary and replaced as needed, as determined by the Department director. Approved expense will be reimbursed from a purchase receipt provided by employee. 8.9 EMPLOYEE IDENTIFICATION BADGES All regular-status employees will be issued a photo ID badge that shall be always with them when working at a City facility to be easily identified as an employee in the event of an emergency. The nature of outside/field employees jobs requires them to be easily identified by the public. While in the field, outside/field employees shall have their City identification badges visible at all times. Moses Lake Council Packet 1-24-23, Page 155 of 318 Employee Handbook Updated 2/1/23 Page | 80 8.10 WELLNESS COMMITTEE AND EMPLOYEE PROGRAM The City Manager, or his/her designee, will solicit interest from employees each year to be a working member representing a variety of departments as a Wellness Committee member. Employees will also be encouraged to provide ideas for organized programs to the Committee, to request to network at AWC Healthy Worksite workshops, or to help with the collection of donations distributed at the year-end breakfast celebration. The role of the working members on the Wellness Committee is to organize, facilitate, communicate, participate, motivate, and support the City’s workplace culture of wellness activities for the City to earn a discount on future year health insurance premiums. The Wellness Committee will distribute the criteria for each employee to track points toward earning one additional day of paid time off each year. All employees are encouraged to participate in the wellness activities each year to maintain a healthy lifestyle. Employees are permitted to participate in some wellness programs such as health screenings, blood donations, or health education seminars during work hours if the normal work demands are appropriately met and with supervisor’s prior approval. For City wellness events, employees are allowed one hour of City time to participate. If the event takes longer than an hour, the employee must use their own leave. In order to motivate participation, employees participating in Wellness challenges shall be eligible for prize drawings or raffle for receipt of a gift card not exceeding $50. Employees will be responsible to pay applicable payroll taxes on monetary incentives in accordance with Federal or state law and the City’s financial policies. Employees may earn a Wellness Day by tracking activities and accumulating 1000 points. Employees meeting these requirements will earn eight (8) hour time off. Employees may also earn up to an additional eight (8) hours aside from the wellness tracking by attending wellness events sponsored by the Wellness Committee. The number of events in the year will determine the number of hours that can be earned. Hours earned by employees for either the Wellness Day or participation in events will be placed in a Wellness account. Any hours unused by the employee in the year will be rolled over to the next year. Upon termination of employment, the hours in the Wellness account will not be paid out. 8.11 WORKERS’ COMPENSATION PROGRAM All employees are covered by the Workers’ Compensation Program as regulated by the State of Washington State Department of Labor and Industries. It will be the responsibility of the employee to report a work-related injury/illness immediately to their supervisor or designee. The supervisor shall direct the injured employee to seek immediate medical treatment if necessary and shall be responsible for ensuring that that the employee completes the City’s online Incident Report form. If an employee files an L&I claim, the employee can request that accrued sick leave, vacation, comp time, and/or floating holiday time be applied to the leave, pending receipt of Worker’s Compensation benefits. When the employee receives workers’ compensation benefits, they are Moses Lake Council Packet 1-24-23, Page 156 of 318 Employee Handbook Updated 2/1/23 Page | 81 required to repay the City the amount covered by workers’ compensation and previously advanced by the City. Upon the repayment of funds advanced, the appropriate amount of vacation, comp time, floating holiday, and sick leave, in this order, shall be restored to the employee’s account. The City may require an examination at its expense, performed by a physician of its choice, to determine when the employee can return to work and if they can perform the essential duties of the position, with or without a reasonable accommodation. Moses Lake Council Packet 1-24-23, Page 157 of 318 Employee Handbook Updated 2/1/23 Page | 82 CHAPTER 9 - LEAVES 9.1 HOLIDAYS The following holidays will be paid to all regular status City employees. To receive holiday pay, an eligible employee must be in a paid status and work or have preapproved time for all of the scheduled workday immediately preceding and immediately following the day on which the holiday is observed. An approved absence is all or part of the scheduled work day that has been pre-approved for vacation or sick leave. If an employee is absent on one or both days because of an illness or injury, the City may require verification of the reason for the absence before approving holiday pay. If a holiday below falls on a Saturday, the preceding Friday shall be given as a holiday. If the holiday falls on a Sunday, the following Monday shall be granted as the holiday. If the holiday falls on an employee’s regularly scheduled day off, the employee shall be granted another day off during the work week in which the holiday was observed. When a holiday falls within a period of paid leave, the holiday shall not be counted in computing the amount of paid leaved used. Employees shall be eligible for the Floating Holiday following five months of continuous employment unless otherwise addressed by a collective bargaining agreement. All holidays are paid on a prorated basis and shall not exceed 8 hours of pay per holiday unless otherwise provided by Collective Bargaining Agreement. Part-time employees, scheduled to work less than forty (40) hours in the workweek, shall receive holiday pay on a prorated basis, when a holiday falls on their normally scheduled workday. HOLIDAY DATE OBSERVED New Year's Day 1st day of January Martin Luther King Jr. Day 3rd Monday in January President's Day 3rd Monday in February Memorial Day Last Monday in May Juneteenth 19th day of June Independence Day 4th day of July Labor Day 1st Monday in September Veteran's Day 11th day of November Thanksgiving Day 4th Thursday in November Day after Thanksgiving Day immediately following Thanksgiving Christmas Day 25th day of December Floating Holiday(s) One paid holiday per calendar year (to be taken within the calendar year) Under Washington law all employees are entitled to up to two unpaid holidays per calendar year for “a reason of faith or conscience or an organized activity conducted under the auspices of a religious denomination, church, or religious holiday.” Partial days off will count as a full day toward your yearly allotment. Moses Lake Council Packet 1-24-23, Page 158 of 318 Employee Handbook Updated 2/1/23 Page | 83 If you seek to take an unpaid day off under this law, you must submit a Leave Request form to your Department director, at least two weeks in advance. The form must include: the date you are requesting off and a sufficient description of the reason for the leave. The “Leave Without Pay” box bust be checked, so that your Department director understands you are requesting the unpaid holiday and can determine if it is an allowable request. The request can be denied if: It was not submitted timely, or The reason for the requested leave is not appropriate under the law, or You have already exhausted your allotment of days off under the law, or You are in a public safety position, such as police or fire, and granting the leave would result in the shift falling below minimum staffing levels, or Granting the request would cause an undue hardship The two unpaid holidays allowed by this section must be taken during the calendar year, if at all; they do not carry over from one year to the next. Temporary and other non-benefit employees are not entitled to holiday benefits. 9.2 ANNUAL VACATION ACCRUAL Unless otherwise provided by a collective bargaining agreement or contract, annual leave allowance shall accrue up to the maximum accrual cap according to the table below. Employees shall be allowed to continue to accrue leave above the maximum accrual cap in a calendar year up to eighty (80) hours; however, excess hours must be used by December 31 of the current calendar year. Any hours unused above the maximum accrual cap at that time will be forfeited. The department/division shall in no way be obligated to grant vacation to those employees who fail to schedule vacation throughout the year. Any exception to this shall be at the sole discretion of the City Manager and shall only be granted in extenuating circumstances. Upon completion of the full year of service, the vacation earned accrual rate will be as listed in the chart below: Year of Service Hours Per Pay Period Annual Hours Earned Days Earned Annually Maximum Hours Cap 0 thru 5 3.70 96 12 192.4 6 thru 10 4.61 120 15 230.72 11 thru 15 5.53 144 18 287.56 16 thru 20 6.46 167 21 335.92 Over 20 7.38 192 24 383.76 Annual vacation accrual will be prorated for regular-status, part-time employee based on the number of hours worked. Except as otherwise noted in this policy, service credit for vacation accrual purposes shall be based upon the total length of continuous service with the City. Vacation hours shall accrue according to the accrual rates set forth above. However, under special circumstances, and with prior approval of the City Manager, additional vacation or a Moses Lake Council Packet 1-24-23, Page 159 of 318 Employee Handbook Updated 2/1/23 Page | 84 higher accrual rate may be granted in an offer of initial employment with the City due to previous experience. Granting such additional vacation as part of an employment offer is solely at the City Manager's discretion. In most cases, this provision will apply only to manager or director level employees. If higher accrual rate is granted, employee will be placed on the vacation scale with a credit for the number of years of prior service and will progress accordingly. Employees who are hired on the first day of a 2-week pay period will accrue vacation on that pay period. Employees who are hired in the middle of a pay period will begin accruing vacation the following pay period. Employees who leave employment on the last day of a 2-week pay period will accrue vacation for that pay period provided they have not reached the maximum hours of vacation accrual for their years of service as listed above. Employees who leave employment before the end of a full 2-week pay period will not accrue vacation for that pay period. At the time of separation or retirement, employees shall receive a cash amount of their vacation accrual up to the maximum hour accrual limit allowed to the employee. All hours accrued above the maximum cap shall be forfeited. The cash value of the accrued vacation shall be equal to the hours in the employee’s vacation balance, or the applicable limit, times their base hourly rate as it exists at the time of separation. 9.3 SICK LEAVE In compliance with Washington State’s Paid Sick Leave, all employees shall begin to accrue sick leave upon employment with the City. Represented employees should refer to the applicable bargaining agreement for their accrual benefits. SICK LEAVE ACCRUAL REGULAR FULL-TIME EMPLOYEES Sick leave will accrue at the rate of eight (8) hours per month (3.70 per pay period) upon employment with the City in full-time, regular-status positions. Sick leave accrued may not be used during the first 90 days of employment. SICK LEAVE ACCRUAL PART-TIME, SEASONAL AND TEMPORARY EMPLOYEES Sick leave accrual will be prorated for part-time, temporary, and seasonal employees based on the number of hours worked. The accrual rate will be equivalent to 1 hour for every 40 hours worked. A balance of up to 40 hours of unused sick leave may be carried over each year. Sick leave accrued may not be used during the first 90 days of employment. Employees are not entitled to accrue paid sick leave for hours paid while not working (such as vacation, paid holidays, or while using paid sick leave). Sick leave may be used for the following: An employee's own or family member's mental or physical illness, injury, or health condition, medical diagnosis, care or treatment of the same, or preventive medical care. Family member is defined as: o A child (Including a biological, adopted, or foster child, stepchild, or a child to whom the employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless of age or dependency status); Moses Lake Council Packet 1-24-23, Page 160 of 318 Employee Handbook Updated 2/1/23 Page | 85 o A parent (Including a biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child). o A spouse. o A registered domestic partner. o A grandparent. o A grandchild; or o A sibling. Closure of the employee's place of business or child's school/place of care by order of a public official for health-related reasons. If the employee or the employee's family member is a victim of domestic violence, sexual assault, or stalking. o Seek legal or law enforcement assistance or remedies to ensure the health and safety of the employee and their family members including, but not limited to: Preparing for, or participating in, any civil or criminal legal proceeding related to or derived from domestic violence, sexual assault, or stalking. o Seek treatment by a health care provider for physical or mental injuries caused by domestic violence, sexual assault, or stalking. o Attend health care treatment for a victim who is the employee's family member. o Obtain, or assist the employee's family member(s) in obtaining, services from: A domestic violence shelter; a rape crisis center; or a social services program for relief from domestic violence, sexual assault, or stalking. o Obtain, or assist a family member in obtaining, mental health counseling related to an incident of domestic violence, sexual assault, or stalking in which the employee or the employee's family member was a victim of domestic violence, sexual assault, or stalking. o Participating, for the employee or for the employee's family member(s), in safety planning; or temporary or permanent relocation; or other actions to increase the safety from future incidents of domestic violence, sexual assault, or stalking. For purposes of leave related to domestic violence, sexual assault, or stalking, family member has the following definition: o Any individual whose relationship to the employee can be classified as a child, spouse, parent, parent-in-law, grandparent, or person with whom the employee has a dating relationship. To be granted sick leave with pay, an employee eligible for sick leave under this policy for a qualifying absence, must notify his/her supervisor at least 10 business days in advance of a foreseeable absence, or as soon as practicable. If the qualifying absence is unforeseeable, the employee must notify his/her supervisor as soon as practicable. For FMLA purposes, when employees initially request sick leave, they must communicate whether the absence is for their own health or for a member of the immediate family; sufficient Moses Lake Council Packet 1-24-23, Page 161 of 318 Employee Handbook Updated 2/1/23 Page | 86 information to determine the eligibility of leave for FMLA purposes; and if possible, the expected date of return. The City may require documentation regarding the use of leave where an employee uses more than three consecutive days of paid sick leave; provided that if the request for documentation would result in an unreasonable burden or expense, the City will confer with the employee to address this concern. With respect to such documentation, the City will not require disclosure of the nature of the illness or other private medical information unless necessary to also evaluate a request for reasonable accommodation of a disability or for other lawful reason. SICK LEAVE UPON REHIRE FOR PART-TIME, TEMPORARY, AND SEASONAL EMPLOYEES If a part-time, temporary and seasonal employee separates from the City and is rehired within 12 months any sick leave balance that existed at the time of separation, that has not been paid out, will be reinstated, provided that if the rehire occurs in the following calendar year, reinstatement of the balance will be limited to no more than 40 hours. SICK LEAVE PAYOUT For employees hired after January 1, 2016, sick leave payout for a regular full-time employee’s retirement from service with the City, shall be for unused sick leave based on one-third of total accumulated sick leave at the time of retirement, to a maximum of four hundred and eighty (480) hours. Unless provided by an employment agreement, terminations for any reason other than retirement shall not result in payment for any unused sick leave. For regular full-time employees hired prior to January 1, 2016, the payout shall be as follows: a) 30 or more years of continuous service - One hundred percent (100%) of accumulated sick leave at the time of retirement, to a maximum of four hundred and eighty (480) hours. b) 20 or more years of continuous service – seventy-five percent (75%) of accumulated sick leave at the time of retirement, to a maximum of four hundred and eighty (480) hours. c) 10 or more years of continuous service – fifty percent (50%) of accumulated sick leave at the time of retirement, to a maximum of four hundred and eighty (480) hours. d) 5 or more years of continuous service – twenty-five percent (25%) of accumulated sick leave at the time of retirement, to a maximum of four hundred and eighty (480) hours. Unless provided by an employment agreement, terminations for any reason other than retirement shall not result in payment for any unused sick leave. Any employee found to have abused sick leave privileges by falsification or misrepresentation shall be subject to corrective action, including but not limited to, repayment to the City of any amounts paid to the employee for such periods of absence, suspension, and/or discharge. 9.4 WASHINGTON FAMILY CARE ACT Consistent with the Washington Family Care Act, employees may take any accrued leave (e.g., vacation, sick leave or compensatory time) that they have available to care for: Moses Lake Council Packet 1-24-23, Page 162 of 318 Employee Handbook Updated 2/1/23 Page | 87 Family member with a serious health condition. Child with a health condition requiring treatment or supervision including preventative health care. Wife or daughter who is disabled because of pregnancy or childbirth. Qualifying Family Members include: Child under 18 (biological, adopted, foster, stepchild, etc.) or adult child incapable of self-care Parents Spouse Registered domestic partner Parents-in law Grandparents Employees are required to notify their supervisor of the need to take time off to care for a family member as soon as the need for leave becomes known. The City reserves the right to require verification or documentation confirming a family member’s health condition when available leave is used to care for that family member; provided, that if the employee elects to use paid sick leave, verification procedures described in the sick leave policy will be applied. Leave taken under this policy may also qualify as Family and Medical Leave (FMLA) and, if so, will run concurrently. 9.5 SHARED LEAVE The purpose of shared leave is to permit City employees, at no additional cost to the City, to aid another City employee who is suffering from or who has an immediate family member suffering from an extraordinary or severe illness, injury, impairment, or physical or mental condition which has caused or is likely to cause the employee to take leave without pay or to terminate his or her employment. Shared leave may be requested by a non-probationary regular-status employee needing shared leave by notifying their department head and submitting a written request to Human Resources. The request for shared leave will be considered if all the following conditions apply: The employee suffers or has an immediate family member suffering from an extraordinary or severe illness, injury, impairment, or physical or mental condition which is likely to cause the employee to take leave without pay or to terminate his/her employment with the City. The employee has depleted or will soon deplete his/her total accrued vacation, sick leave and compensatory time. Prior to the use of shared leave, the employee has abided by the City's “Sick Leave” and “Absence from Work” policies. Failure to provide proper leave notification to the City in a timely manner, and/or receipt of any corrective/disciplinary action for absenteeism or attendance-related problems may be cause for denial of this request. The employee has been found to be ineligible for Labor and Industries Worker’s Compensation benefits or LEOFF I disability leave. Moses Lake Council Packet 1-24-23, Page 163 of 318 Employee Handbook Updated 2/1/23 Page | 88 The employee has provided a medical certificate from a licensed physician or health care practitioner verifying the severe or extraordinary nature and expected duration of the condition. The department director/manager, in consultation with Human Resources and the City Manager, will determine the amount of shared leave which an employee may receive. The employee will provide appropriate medical justification and documentation which supports the necessity for the leave and the duration of the absence. An employee may receive no more than a total of 160 hours of shared leave in any 12-month period. The 12-month period is defined as a 'rolling' 12-month period measured backward from the first date an employee uses shared leave. Department directors/managers will approve the transfer of a specified amount of accrued vacation leave to shared leave. The donating employee may donate any amount of vacation leave provided the donation does not cause the employee's vacation leave balance to fall below 80 hours. Leave may be transferred from employee(s) in one department to an employee of the same department or to an employee of another department. While an employee is on shared leave, he/she will continue to be classified as a City employee and shall receive salary and benefits as he/she would otherwise receive if using accrued leave. All salary benefit payments made to the employee on a shared leave shall be made by the department employing the person using the shared leave. The Finance Department is responsible for computing shared leave as well as for adjusting the accrued leave balances to show the transferred leave. The donated hours are converted to a dollar value, which is then applied to the recipient and converted back into hours using the recipient’s rate of pay. The receiving employee shall be paid his or her regular rate of pay. All shared leave donations will be distributed equally from each donor each pay period to the employee receiving the donated hours. Records of all leave time transferred will be maintained and any leave transferred which remains unused will be returned to the employee(s) who donated the leave. The Human Resources Department will monitor the program and maintain all shared leave records to ensure impartial treatment of all City employees. Inappropriate use of the provisions of this policy may result in the cancellation of the donated leave or use of shared leave. In no event will any unused shared leave be paid to the employee in the event of leaving employment with the City. The City, at its sole discretion, may cancel this program. Participation in this program will be predicated upon a receipt from each affected bargaining unit of a written waiver by the appropriate union representative indicating that the union understands that the program will not establish a past practice by the City or otherwise obligate the City to continue the program and acknowledges that the City may cancel the program at any time or review it on one-year increments, extending it from time to time as the City, in its sole discretion, determines appropriate. Employees wishing to donate vacation leave to another employee should obtain a Voluntary Shared Leave Donation Form from Human Resources. Moses Lake Council Packet 1-24-23, Page 164 of 318 Employee Handbook Updated 2/1/23 Page | 89 All donations of leave must be given voluntarily. No employee shall be coerced, threatened, intimidated, or financially induced into donating leave for purposes of this program. 9.6 BEREAVEMENT LEAVE With the department director's/manager’s and/or supervisor's approval, non-union personnel may be granted up to three (3) days leave with pay to assist with funeral arrangements and attend funeral services for immediate family members. When funeral attendance requires travel by commercial air transportation due to the distant location of the funeral, the employee must make a request and obtain approval for an extension of leave by his/her supervisor, the department director/manager, and final approval by the City Manager. The request for an extension must state the number of days needed and include the date of return to work. An employee must use their leave accruals (vacation, sick, or compensatory time) for the extension. If the employee does not have any leave accruals, he or she must request leave without pay. Bereavement leave for union employees will be granted in accordance with their collective bargaining agreement. Bereavement leave is not considered sick leave or vacation leave. Leave with pay may be granted to City employees required to attend funerals as a matter of protocol. Prior approval must be granted by the City Manager before leave may be taken. The request for leave shall contain the names of all employees who are to attend, including their expected period of absence. Only full-time regular-status employees are eligible for bereavement leave. 9.7 JURY DUTY/COURT APPEARANCE The City encourages employees to take part in the judicial process. Therefore, a leave of absence may be granted to those regular status, full-time employees (as defined in 3.5) who are called for jury duty or those compelled to attend court for any work-related reason. Those employees who are subpoenaed as witnesses for cases in which they are not a party in the action will also be granted a leave of absence. Eligible employees will be compensated by the City during their period of jury service, or when appearing at the direction of the City. In this case, all funds received by the employee, either being a witness or being a juror shall be immediately remitted to the City. Mileage payments paid by the court for transportation are exempt from the refund requirements. Employees who are required to appear in court for personal matters are not eligible under this policy and must request vacation or compensatory time. If vacation or compensatory time is not available or the employee does not have sufficient hours, then leave without pay must be requested prior to the scheduled court appearance. Employees are expected to return to work during lapses or recesses in court appearances that are greater than four (4) hours. Any union personnel who are required to attend court in their regular course of employment shall be compensated in accordance with the terms and conditions set forth in the collective bargaining agreement. Moses Lake Council Packet 1-24-23, Page 165 of 318 Employee Handbook Updated 2/1/23 Page | 90 When called for jury duty or a court appearance, the employee shall provide a copy of the summons or subpoena to his/her immediate supervisor and the Payroll Clerk and a request for leave of absence form as soon as possible. 9.8 FAMILY AND MEDICAL LEAVE (FMLA) It is the policy of the City to grant up to twelve (12) weeks of family and medical leave during any twelve (12) month period to eligible employees, in accordance with the Family and Medical Leave Act of 1993 (FMLA), upon receiving sufficient information from the employee and/or the employee’s medical provider to determine that the reason for leave is an FMLA qualifying reason under the Family and Medical Leave Act. If the reason for leave is determined to be an FMLA-qualifying reason, the City must follow Department of Labor regulations and designate leave as FMLA, regardless of the preference of the employee. FMLA leave is a job-protected, unpaid leave; however, it may be paid by utilizing accrued leaves, depending on the circumstances, and as specified in this policy. To qualify to take family and medical leave under this policy, the employee must meet all of the following conditions: 1. The employee must have worked for the City at least twelve (12) months, or fifty-two (52) weeks. The twelve (12) months or fifty-two (52) weeks need not have been consecutive. 2. The employee must have worked at least 1,250 hours (average twenty-four (24) hours per week) during the twelve (12) month period immediately before the date when the leave would begin. To qualify as FMLA leave under this policy, the employee must be taking leave for one of the reasons listed below: To care for the employee’s child upon birth, or to care for a child upon the child’s placement with the employee for adoption or foster care. To care for a spouse, son, daughter or parent who has a serious health condition (see subsection below where leave is needed to care for a registered domestic partner with a serious health condition). To care for self, if the employee has a serious health condition that makes the employee unable to perform the essential functions of the position (including incapacity due to pregnancy, prenatal medical care or childbirth); or For a “qualifying exigency” arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member who is on active duty or has been notified of an impending call to active duty in support of a contingency operation. Covered military members are members of the National Guard or Reserves, and certain retired military service personnel, who have been called to active duty or notified of an impending call to active duty. Definition of Qualifying Exigency: Qualifying exigencies are generally activities related to the active duty or call to duty, including attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions and attending post-deployment reintegration briefings. Moses Lake Council Packet 1-24-23, Page 166 of 318 Employee Handbook Updated 2/1/23 Page | 91 An eligible employee may also take up to twenty-six (26) weeks of leave during a single twelve (12) month period to care for an injured service member who is the employee’s spouse, parent, child or next of kin. A covered service member is a current member of the Armed Forces, including National Guard or Reserves members, who has a serious injury or illness incurred in the line of duty on active duty that may render the service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation or therapy; or is in outpatient status; or is on the temporary disability retired list. For purposes of this kind of leave, the twelve (12) month period begins with the first day the employee takes leave. The combined total of leave for all purposes described in this policy may not exceed twenty-six (26) weeks in the applicable leave year. A “serious health condition” means a health condition which involves: 1. Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility. 2. A period of incapacity of more than three consecutive calendar days that also involves continuing treatment by a health care provider and any subsequent treatment or period of incapacity relating to the same condition. 3. A period of incapacity due to pregnancy or for prenatal care. 4. A period of incapacity or treatment for such incapacity due to a chronic, serious health condition (e.g., asthma). 5. A permanent or long-term period of incapacity because of a condition for which treatment may not be effective (e.g., Alzheimer’s). 6. A period of absence to receive multiple treatments (including any period of recovery therefrom) for restorative surgery after an accident or other injury; or multiple treatments for a condition which would likely result in a period of incapacity of more than three consecutive calendar days if not treated (e.g., Cancer). “Child” means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is: (a) under eighteen years of age; or (b) eighteen years of age or older and incapable of self-care because of a mental or physical disability. Persons who are in loco parentis include those with day-to-day responsibilities to care for and financially support a child. “Parent” means a biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a child. This term does not include parents “in law.” FMLA TRACKING An eligible employee can take up to twelve (12) weeks of leave under this policy during any twelve (12) month period. The twelve (12) month period is defined as a 'rolling' twelve (12) month period measured backward from the date an employee uses FMLA leave. For example, if an employee requests and is granted a twelve (12) week FMLA leave beginning March 1 of one year, then that employee would not be eligible for any additional FMLA leave until March 1 of the following year. Each time an employee takes FMLA leave, the City (payroll) will compute the amount of leave the employee has taken under this policy and subtract it from the twelve (12) weeks of available leave and the balance remaining is the amount the employee is entitled to take. Moses Lake Council Packet 1-24-23, Page 167 of 318 Employee Handbook Updated 2/1/23 Page | 92 SPOUSES If spouses both work for the City, and each wish to take leave for the birth of a child, adoption or placement of a child in foster care, or to care for a parent with a serious health condition, they may only jointly take a total of twelve (12) weeks of FMLA leave. Each spouse is, however, eligible for the full twelve (12) weeks of leave in the twelve (12) months leave period to care for a child or spouse with a serious health condition, or for either employee’s own serious health condition. EMPLOYEE STATUS AND BENEFITS DURING LEAVE During all leave under this family and medical leave policy, the City will continue to pay the employer’s portion of health insurance premiums, provided that the employee continues to pay his/her share of insurance premiums, if any. Failure of the employee to pay his/her portion of the premium may result in cancellation of health insurance. Leaves such as vacation and sick leave will continue to accrue during paid leave, but not during unpaid leave. If the employee chooses not to return to work for reasons other than a continued serious health condition, the City will require the employee to reimburse the City the amount it paid for the employee's health insurance premium during the leave period. If the employee does not return at the end of the FMLA leave period, the employee's notification of his/her intent not to return will be the Consolidated Omnibus Budget Reconciliation Act (COBRA) qualifying event. EMPLOYEE STATUS AFTER LEAVE Upon completion of FMLA leave, the employee will be entitled to: 1. Return to the same position or a position with equivalent status, pay, and benefits; or 2. If circumstances have changed so that neither the same position nor an equivalent position is available, the employee shall be offered any other position which is vacant and for which the employee is qualified. Reinstatement is not required if one or more of the following conditions exists: 1. The position was eliminated by a bona fide restructuring or reduction in force. 2. The employee takes another job while on leave. 3. The employee fails to return from the leave at the agreed FMLA ending date. LEAVE FOR PREGNANCY DISABILITY AND TO CARE FOR NEWBORN In addition to leave under the federal FMLA described above, state law provides certain additional leave rights in connection with pregnancy-related disability and to care for a newborn. Regardless of whether an employee is eligible for FMLA leave, she is entitled to Pregnancy Disability leave for the period that she is temporarily disabled because of pregnancy or childbirth. Medical certification may be required to confirm the need for leave. If the employee is eligible for FMLA leave, the Pregnancy Disability leave will run concurrently with FMLA leave. Pregnancy Disability leave is unpaid and health benefits are not automatically continued (unless the employee is also eligible for FMLA leave); however, accrued leave may be used and the employee may continue insurance coverages at her expense. Moses Lake Council Packet 1-24-23, Page 168 of 318 Employee Handbook Updated 2/1/23 Page | 93 NOTICE Employees who need to take time off due to their own or a family member’s serious medical condition as described above must provide the City with at least thirty (30) days’ notice of the need for leave if the need for leave is foreseeable. If thirty (30) days advance notice is not possible, notice must be provided as soon as practicable (which is generally the same day or next business day after the need for leave becomes known). Absent unusual circumstances, employees are required to follow the City’s regular procedural requirements when requesting FMLA leave. When requesting leave, employees must provide sufficient information for the City to determine whether the leave may be FMLA-qualifying, and the anticipated timing and duration of the requested leave. Employees must also inform the City if the requested leave is for a reason for which FMLA leave was previously taken or certified. Supervisors must immediately notify Human Resources of any request for leave which may be an FMLA qualifying event. An FMLA form can be obtained from the Human Resources Department for the type of FMLA leave being requested. When leave is requested in connection with planned medical treatment, the employee must make a reasonable effort to schedule treatment to prevent disruptions to City operations. In addition, employees who need leave for their own or a family member’s serious health condition must provide medical certification from a health care provider of the serious health condition. The City may require a second or third opinion (at City expense), periodic recertification’s of the serious health condition and, when the leave is for an employee’s own serious health condition, a certification that the employee is fit to return to work. Employees who need leave for a qualifying exigency arising from a family member’s military leave must provide a certification confirming the need for leave. The City may delay leave to employees who do not provide proper advance notice of the foreseeable need for leave. The City also may delay or deny approval of leave for lack of proper certification establishing the need for leave. USE OF PAID AND UNPAID LEAVE While on FMLA leave, employees must first use accrued sick paid leave, then vacation and compensatory time, if necessary, take the remainder of FMLA leave as unpaid leave. Accrued paid leave shall be used according to applicable policies and procedures or as specified in the collective bargaining agreement. FMLA shall run concurrently with paid sick leave or any other accrued paid leave when the reason for the leave meets the FMLA criteria. If a worker's compensation injury/illness meets the criteria for a serious health condition, the worker's compensation absence and the FMLA leave entitlement shall also run concurrently. An employee who is taking leave because of the employee's own serious health condition or the serious health condition of a family member must use all paid leave prior to being eligible for unpaid leave. An employee taking leave due to pregnancy disability during pregnancy or after the birth of a child must first use paid sick leave. The employee must then use all paid vacation and other accrued leave, and then will be eligible for unpaid leave for the remainder of the leave. Refer to the Maternity/Parental/Family Leave Policy. An employee who is taking leave for the adoption or foster care of a child must use all paid leave prior to being eligible for unpaid leave. Moses Lake Council Packet 1-24-23, Page 169 of 318 Employee Handbook Updated 2/1/23 Page | 94 INTERMITTENT OR REDUCED WORK SCHEDULE LEAVE In certain circumstances, eligible employees may take FMLA intermittently (for example, in smaller blocks of time) or by reducing their work schedule. If the FMLA leave is because of the employee’s own serious health condition or to care for a family member, the employee may take the leave intermittently or on a reduced work schedule if it is medically necessary. Eligible employees may also take FMLA leave on an intermittent or reduced schedule basis, when necessary, because of a qualifying exigency arising from a family member’s military service. If FMLA leave is to care for a child after the birth or placement for adoption or foster care, employees may take their FMLA leave intermittently or on a reduced work schedule only with the City Manager’s approval. Where intermittent leave or reduced-schedule leave is needed for planned medical treatment, an employee must make a reasonable effort to schedule the treatment so as not to disrupt unduly City operations. Where an employee needs intermittent or reduced-schedule leave based on planned medical treatment, the City may transfer the employee to an alternative position with equivalent pay and benefits that can better accommodate such recurring leave. ENFORCEMENT An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer. FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law or collective bargaining agreement which provides greater family or medical leave rights. CERTIFICATION OF SERIOUS HEALTH CONDITIONS The City may ask for certification of the serious health condition. The employee should try to respond to such a request within fifteen (15) days. Failure to provide certification may result in a denial of continuation of leave. Medical certification may be provided by using the Certification of Health Care Provider form. Certification of the serious health condition shall include: the date when the condition began, its expected duration and a brief statement of treatment. For medical leave for the employee's own medical condition, the certification must also include a statement that the employee is unable to perform work of any kind or is unable to perform the essential functions of the employee's position. For a seriously ill family member, the certification must include a statement that the patient requires assistance and that the employee's presence would be beneficial or desirable. If the employee requests leave on an intermittent or reduced schedule basis for the employee’s serious health condition, including pregnancy, that may result in unforeseeable episodes of incapacity, information sufficient to establish the medical necessity for such intermittent or reduced schedule leave and an estimate of the frequency and duration of the episodes of incapacity must be included on the certification. Moses Lake Council Packet 1-24-23, Page 170 of 318 Employee Handbook Updated 2/1/23 Page | 95 DISPUTE RESOLUTION In the event of a dispute as to whether and when an employee is entitled to FMLA leave, the City may require confirmation by a health care provider. The City may, at its own expense, obtain a second opinion as to whether the necessary conditions of the leave are met. If the two opinions disagree on any factor which is determinative of leave eligibility, the two health care providers may select a third, whose opinion shall be obtained at the City’s expense, and shall be conclusive. FOR GUIDANCE For more information on any of these leave policies, or if you think you may need to take Family and Medical Leave, please contact Human Resources. The leave laws, particularly those applicable to pregnancy and childbirth, can be confusing. Employees are encouraged to contact Human Resources with any questions about how the various laws are coordinated in a particular situation. 9.9 WASHINGTON PAID FAMILY AND MEDICAL LEAVE The Washington State Paid Family and Medical Leave (PFML) law and supporting regulations establish a program administered by the Washington Employment Security Department (ESD) to provide paid leave benefits and job protection to eligible employees who need leave for certain family and medical reasons. This policy provides a summary of the PFML program. Employees may obtain additional information at www.paidleave.wa.gov. To the extent an issue is not addressed in this policy, the employer will administer this benefit program consistent with applicable statutes and regulations. PAYROLL DEDUCTIONS The PFML program is funded through premiums collected by ESD via payroll deductions and employer contributions. The premium rate is established by law; employees are currently responsible for two-thirds of the total premium amount. Should the State in the future modify the PFML premium rate or the percentage of premiums subject to collection through payroll deduction, the City will modify payroll practices to reflect those statutory changes. ELIGIBILITY Under PFML, employees may be eligible for monetary benefits and job protection when taking leave for covered reasons. Eligibility requirements are as follows: Monetary Benefits: In order to be eligible for monetary benefits from ESD, an employee must have worked 820 hours in Washington (for any employer or combination of employers) during the year preceding the claim. Job Protection: In order to be eligible for job protection under PFML, an employee must have worked for the Employer for at least 12 months and have worked 1250 hours in the last year. Moses Lake Council Packet 1-24-23, Page 171 of 318 Employee Handbook Updated 2/1/23 Page | 96 An employee is ineligible for PFML benefits during any period of suspension from employment or during which the employee works for remuneration or profit (e.g., outside employment or contracting). LEAVE ENTITLEMENT Eligible employees are entitled to take up to 12 weeks of medical or family leave, or a combined total of 16 weeks of family and medical leave per claim year. In the event of pregnancy, an additional two weeks of leave may be available for the pregnant employee if there is incapacity resulting from pregnancy. The claim year begins when the employee files a claim for PFML benefits. PMFL leave may be taken for the following reasons: Medical Leave: Medical leave may be taken due to the employee’s own serious health condition, which is an illness, injury, impairment or physical or mental condition that involves inpatient care or continuing treatment by a health care provider, as those terms are defined under the FMLA and RCW 50A.05.010. However, an employee is not eligible for PFML benefits if the employee is receiving time loss benefits under the workers’ compensation system. Family Leave: Family leave may be taken to care for a covered family member with a serious health condition; for bonding during the first 12 months following the birth of the employee’s child or placement of a child under age 18 with the employee (through adoption or foster care); or for qualifying military exigencies as defined under the FMLA. For purposes of family leave, covered family members include the employee’s child, grandchild, parent (including in-laws), grandparent (including in-laws), sibling, or spouse. PFML runs concurrently with FMLA where an absence is covered by both laws. PFML leave may be taken intermittently, if there is a minimum claim requirement of eight consecutive hours of leave in a week for which benefits are sought. PFML APPLICATION PROCESS An employee must apply to ESD to seek PFML benefits. For guidance on the application process, please refer to the ESD website (www.paidleave.wa.gov). Eligibility determinations will be made by ESD. If approved, the employee will need to file weekly benefit claims with ESD to continue receiving benefits. NOTIFICATION REQUIREMENTS An employee must provide written notice to the City of the intent to take PFML leave. If the need for leave is foreseeable, notice must be given at least 30 days in advance of the leave. For unforeseeable leave, notice must be given as soon as practicable. The employee’s written notice must include the type of leave taken (family or medical), as well as the anticipated timing and duration of the leave. If an employee fails to provide this required notice to the City, ESD will temporarily deny PFML benefits. After receiving the employee’s notice of the need for leave, the City will advise the employee whether the employee is eligible for job protection under PFML or FMLA or both. If leave is being taken for the employee’s or family member’s planned medical treatment, the employee must make a reasonable effort to schedule the treatment so as not to unduly disrupt City operations. Moses Lake Council Packet 1-24-23, Page 172 of 318 Employee Handbook Updated 2/1/23 Page | 97 If taking leave intermittently, an employee must notify the City each time PFML leave is taken so that the Employer may properly track leave use. PFML MONETARY BENEFITS If ESD approves a claim for PFML benefits, partial wage replacement benefit payments will be made by ESD directly to the employee. The amount of the benefit is based on a statutory formula, which generally results in a benefit in the range of 75-90 percent of an employee’s average weekly wage, subject to a weekly maximum (which is $1,206 for 2021 and thereafter subject to annual adjustments by the State). ESD’s website includes a benefits calculator to assist employees in estimating their weekly benefit amount. Except for leave taken in connection with the birth or placement of a child or leave taken for a qualifying military exigency, monetary PFML benefits are subject to a seven-day waiting period. The waiting period begins on the Sunday of the week in which PFML leave is first taken. The waiting period is counted for purposes of the overall duration of PFML leave, but no monetary benefits will be paid by ESD for that week. Employees may use available accrued leave to cover absences during the waiting period. Paid leave accruals (vacation, sick leave, floating holidays, compensatory time, or any other accrued leave) are not supplemental to PFML benefits, meaning that an employee cannot receive accrued leave and PFML benefits for the same absence. The employee can choose to use his/her accrued leaves with the City during the initial seven-day waiting period, if applicable. Important note: failure to report the receipt of accrued leave may result in an overpayment by ESD, which ESD may recoup from the employee. COORDINATION WITH OTHER BENEFIT PROGRAMS When an employee is on leave and only receiving PFML benefits, the employee is deemed to be in unpaid status for purposes of City policies and benefit programs. Insurance coverage will be handled in the same manner as other unpaid leaves of absence, pursuant to City policy and subject to any FMLA or other legal requirements requiring continuation of coverage. JOB RESTORATION; RETURN TO WORK RECERTIFICATION An employee who is eligible for job-protected leave will be restored to the same or equivalent position at the conclusion of PFML leave, unless unusual circumstances have arisen (e.g., the employee’s position or shift was eliminated for reasons unrelated to the leave). The City may require a return-to-work certification from a health care provider before restoring the employee to work following PFML leave where the employee has taken leave for the employee’s own serious health condition. 9.10 ADMINISTRATIVE LEAVE Department directors/managers may place employees on paid or unpaid administrative leave, with the approval of the City Manager, for unusual circumstances including, but not limited to: Pending investigations. Pending disciplinary action. Pending fitness-for-duty assessment by City-appointed physician; or Acts of nature which may create a dangerous work environment. Moses Lake Council Packet 1-24-23, Page 173 of 318 Employee Handbook Updated 2/1/23 Page | 98 Exempt employees may be granted administrative leave with pay at the discretion of the City Manager, which shall not exceed twenty-two (22) working days within any twelve (12) month period for purposes other than personnel, disciplinary, fitness for duty investigations, or other matters which require extended inquiry. 9.11 MILITARY LEAVE & RETURNED VETERAN RE-EMPLOYMENT Every employee who is a member of the Washington National Guard or of the U.S. Army, Navy, Air Force, Coast Guard or Marine Corps, or of any organized reserve of the United States, will be granted military leave in accordance with state and federal law. Employees who take military leave will have whatever rights to reinstatement, seniority, vacation, layoffs, and compensation as are provided by the applicable law. Any regular-status employee of the City shall be entitled to a paid military leave of absence for a period not exceeding 21 working days during each year beginning October 1 and ending the following September 30. For purposes of this policy, a working day is calculated according to the number of days the person would have worked, but for the military commitment. Thus, if the employee was scheduled to work two hours on a calendar day, but for the military commitment, that would be a military leave day. Similarly, if the employee was scheduled to work twelve hours on a single calendar day, that too would constitute one military leave day. Such leave shall be granted in order that the person may report for active duty, when called, or take part in active training duty in such manner and at such time as he or she may be ordered to active duty or training duty. (RCW 38.40.060). Military leave beyond the 21 days of paid time off will be unpaid, provided that employees may elect to use accrued vacation, compensatory time or other available time off during the period of military leave. Employees should notify their supervisor as soon as they receive notice of the need to report for military leave and provide the supervisor with a copy of the orders. Military leave with pay shall be granted only when an employee receives bona fide orders to temporary active duty or training duty and shall not be paid if the employee fails to return to his/her position immediately following the expiration of the period ordered. An extension may be granted for circumstances beyond the control of the employee, i.e., transportation delays from overseas deployment exercises, hospitalization due to injuries sustained while on active duty, or in cases where the employee is retained in an active-duty status for matters pertaining to the Uniform Code of Military Justice. Any regular-status employee of the City who is called or volunteers for service with the armed forces of the United States or Washington National Guard may be granted military leave without pay, provided that such request is in writing, accompanied with a validated copy of military orders ordering the employee into active service, and that the period of service is four (4) years or less. The City reserves the right to request of the armed forces that an employee not be ordered to service. Eligibility for and terms of reinstatement are administered in accordance with RCW 73.16.033. An employee temporarily hired by the City or assigned to fill a vacancy created by a person on military leave, is appointed to the position subject to the return of the absent employee. Upon such return, the employee filling the vacancy is returned to his/her original position or an equivalent position subject to the provisions of RCW 73.16.033. A temporary employee is subject to lay-off if no other position is available. Moses Lake Council Packet 1-24-23, Page 174 of 318 Employee Handbook Updated 2/1/23 Page | 99 Upon honorable discharge from active service, the employee, in accordance with the conditions prescribed in RCW 73.16.033, shall be reemployed to the same position, or one similar to the last position held, at the same salary rate, seniority and status. The employee must return and reenter the position within three months after serving four (4) years or less: provided, that any period of additional service imposed by law, from which one is unable to obtain orders relieving him/her from active duty, will not affect his/her reemployment. Such reemployment shall occur without loss of seniority or employment rights. If it is established that the employee is not physically qualified to perform the duties of his/her former position by reason of such military service, he/she shall be reemployed in other work he/she is able to perform as closely related to the former position as possible. When an employee who was in a probationary service status at the time of leaving for military service returns to City employment, the employee shall complete the remaining portion of the trial service. Pursuant to RCW 49.77 Leave of Spouses and Registered Domestic Partners of Military Personnel. During a period of military conflict declared by the President or Congress, an employee who is the spouse or registered domestic partner of a member of the Armed Forces, National Guard or Reserves is entitled to up to fifteen (15) days of unpaid leave while their spouse and/or registered domestic partner is on leave from deployment, or before and up to deployment. The purpose of this leave is to support the families of military personnel serving in military conflicts by permitting them to spend time together before a family member is deployed or while the family member is on leave from deployment. An employee must work an average of 20 hours per week to be eligible for this family military leave. An employee who seeks to take family military leave must provide the City with notice of his/her intent to take leave within five (5) business days of receiving official notice that the employee’s spouse and/or domestic partner will be on leave or on an impending call to active duty. The employee may substitute any available accrued leave for any part of this family military leave. Employees on extended tours of active duty shall complete an application for reemployment within ninety (90) days following the date of separation from active military duty. Failure to comply with these military leave procedures shall terminate military leave and the employee's reemployment privilege as defined above. If an employee voluntarily reenlists, his/her military leave shall be deemed canceled and reemployment privileges denied. 9.12 MATERNITY / PARENTAL / FAMILY LEAVE MATERNITY LEAVE Maternity leave is available to female employees due to pregnancy and childbirth, as follows: 1. Pregnancy disability leave, and 2. Family leave for the birth of a child in order to care for that child for qualified employees as covered by the Family and Medical Leave Act (FMLA) and Washington Family Leave Act (FLA). Pregnancy Disability Leave: Pregnancy disability leave is granted for the period that a woman is temporarily sick or disabled because of pregnancy or childbirth. Such leave is limited to the actual period of disability. An employee taking leave due to pregnancy disability during pregnancy or recovering after the birth of a child must first use paid sick leave. The employee Moses Lake Council Packet 1-24-23, Page 175 of 318 Employee Handbook Updated 2/1/23 Page | 100 must then use paid vacation, compensatory time, and all other accrued leave, and then will be eligible for unpaid leave for the remainder of the period of pregnancy disability. Request for additional leave beyond the actual period of disability as defined in this policy may require medical documentation in accordance with the Family and Medical Leave Policy. To be eligible for continued City-paid health benefits during pregnancy disability leave, a female employee must have worked at least 12 months for the City and for at least 1,250 hours during the preceding 12 months. Family and Medical Leave Under Federal Law: An employee may also be entitled to FMLA leave during the period of pregnancy disability leave. In such cases, the pregnancy disability leave will run concurrently with FMLA leave. For further information, refer to Family and Medical Leave Policy. Parental Leave (Family Leave): The Family and Medical Leave Act entitles qualified employees to take up to 12 weeks of leave to care for a child due to its birth or placement for adoption or foster care. For further information, refer to Family and Medical Leave Policy. Family Leave Under State Law: In addition to pregnancy disability leave, a qualified employee may take up to 12 weeks of leave for the birth of a child to care for that child. Washington Family Leave may run concurrently with FMLA but does not run concurrently with the pregnancy disability leave. Leave Benefits: An employee in an unpaid leave of absence status will not accrue additional sick leave, vacation time or holidays during the period of absence. Upon return from pregnancy disability or Family Medical Leave, an employee will be entitled to return to the employee's former position or a position with equivalent pay, benefits and conditions of employment, unless unusual circumstances may have arisen. An employee on such leave retains all rights, seniority and benefits commonly offered full-time, regular status City employees. 9.13 DOMESTIC VIOLENCE / SEXUAL ASSAULT LEAVE This leave is available to employees who are victims of domestic violence, sexual assault, or stalking. It is also available to employees with a family member (child, spouse, registered domestic partner, parent, parent-in-law, grandparent, or person with whom the employee has a dating relationship) who is a victim of domestic violence, sexual assault, or stalking. The leave may be taken in blocks, intermittently, or on a reduced leave schedule. Domestic violence/sexual assault leave is unpaid, although an employee may elect to use the employee's accrued paid leave (e.g., vacation, sick leave, compensatory time) in connection with such leave. Due to the nature of the leave, a confidential agreement for leave time will be negotiated with Human Resources and documented for time tracking purposes only. Domestic Violence/Sexual Assault Leave may be taken for the following purposes: 1. To seek law enforcement or legal assistance or to prepare for or participate in any legal proceeding related to domestic violence, sexual assault, or stalking. 2. To seek health care treatment for physical or mental injuries from domestic violence, sexual assault, or stalking, or attend to such health care treatment for a family member. 3. To obtain (or assist a family member in obtaining) services from a domestic violence shelter, rape crisis center, or other social services. Moses Lake Council Packet 1-24-23, Page 176 of 318 Employee Handbook Updated 2/1/23 Page | 101 4. To obtain (or assist a family member in obtaining) mental health counseling related to domestic violence, sexual assault, or stalking; or 5. To participate in safety planning, to relocate temporarily or permanently, or to take other actions to increase the safety of the employee or family member relating to domestic violence, sexual assault, or stalking. When possible, employees must give advance notice of the intention to take leave. If advance notice is not possible, employees (or their designees) must give notice of the need for this leave no later than the end of the first day the employee takes the leave. The City may require verification to support the need for the leave. Depending on the situation, verification can take the form of police reports, court documents, or the employee's own written statement of the need for the leave. Except where disclosure is authorized or required by law, The City will maintain confidentiality of all information provided by the employee in conjunction with Domestic Violence/Sexual Assault Leave. Accommodation. The City will also make reasonable safety accommodations for any personnel who are victims of domestic violence, sexual assault or stalking. Accommodations may include, for example, modification of a telephone number or email address, modified work schedule or implementation of safety procedures. If you are a victim in need of safety accommodations, please contact Human Resources. Use of Paid/Unpaid Leave. Domestic violence leave is not limited by an employee’s available paid time off. It can include reasonable amounts of unpaid leave. An employee can use any available leave (vacation, sick leave, compensatory time, or leave without pay). Employee Status and Benefits During Leave: While an employee is on paid time off for Domestic Violence Leave, the City will continue the employee's health benefits (medical, dental and vision) during the leave period at the same level and under the same conditions as if the employee had continued to work. If the employee chooses not to return to work for reasons other than a continued serious health condition, the City will require the employee to reimburse the City the amount it paid for the employee's health insurance premiums during the leave period. If the employee does not return at the end of the Domestic Violence Leave period, the employee's notification of his/her intent not to return will be the Consolidated Omnibus Budget Reconciliation Act (COBRA) qualifying event. 9.14 LEAVE OF ABSENCE WITHOUT PAY Employees may request a leave of absence without pay for a period according to the following guidelines: Medical Leave: It is the policy of the City to grant up to twelve (12) weeks of family and medical leave during any twelve (12) month period to eligible employees, in accordance with the Family and Medical Leave Act of 1993 (FMLA). Refer to the Family and Medical Leave Policy. Pregnancy disability leave is also granted for the period that a woman is temporarily sick or disabled because of pregnancy or childbirth. Refer to Washington Pregnancy Disability Leave and Washington Paid Family Leave policies. It is also the policy of the City to grant an unpaid leave of absence as a reasonable accommodation in accordance with state and federal law. See Disability Accommodation policy. Moses Lake Council Packet 1-24-23, Page 177 of 318 Employee Handbook Updated 2/1/23 Page | 102 Non-Medical Leave: If the absence would not cause undue disruption to the delivery of City services or otherwise be adverse to the City’s best interests, an unpaid leave of absence may be granted for a period not to exceed ninety (90) calendar days. Such leave may be granted at the City’s sole discretion and may be used for personal or family situations after all other accrued leave has been exhausted; provided, sick leave accruals may not be used for non-medical leaves of absence. Reasons for non-medical leaves may include extended vacation, education, training or childcare. The City will not continue payment of insurance premiums while employees are on unpaid leave of absence, except for those employees who are entitled to continuation of health insurance coverage under the Family and Medical Leave Act or Washington Paid Family Medical Leave. If an employee begins an unpaid leave of absence after the monthly premium has been paid by the City (normally during the first week of the month), insurance coverage will continue for that employee throughout the month. Employees who wish to keep their medical, dental and vision coverage in effect while on unpaid leave are allowed to extend their health benefits in circumstances when coverage would normally terminate. Under the Consolidated Omnibus Budget Reconciliation Act (COBRA), employees, spouses and dependents have the option to continue health coverage on a self-pay basis when coverage would otherwise terminate (other than for gross misconduct). Depending on the circumstances, the employee or their dependents may extend benefits for up to eighteen (18), twenty-nine (29), or thirty-six (36) months at the employee’s expense. Seniority for purposes of salary or longevity increments, promotions, vacation accrual rate, etc., shall not be affected for the first thirty (30) days of unpaid leave. Thereafter, the employee’s anniversary date will be adjusted to reflect the period of leave without pay. An employee in an unpaid leave of absence status will not accrue additional sick leave, vacation time, retirement credit, or holidays during the period of absence. 9.15 FURLOUGH During certain budget situations, the City Manager may allow or require an employee to take a furlough. In furlough situations, regardless of whether the employee has existing leave available or not, the employee may be required to take time off without pay as a budget-reduction measure. All furlough is subject to the provisions of related Personnel Policies and existing state and federal laws and is subject to approval by the City Council. 9.16 FLEX-TIME At times it may be in the best interest of the City to work with employees on flexing schedules, provided there is no adverse financial impact or performance cost to the City. At the employee’s request or the City’s direction, hours/shift may be modified. The City is committed to a safe and healthy workplace. Rest breaks provide essential ergonomic and mental rest from the stresses of work. Start and end times for rest breaks may be altered. However, the employee may not combine rest breaks with meal periods to leave early or to report late to work. A non-exempt employee cannot waive the right to overtime pay for hours worked over 40 hours of work in a workweek. Moses Lake Council Packet 1-24-23, Page 178 of 318 Employee Handbook Updated 2/1/23 Page | 103 Flex time is a temporary flexible hour schedule that allows the City or workers to alter workday start and finish times. In contrast to traditional work arrangements that require employees to work a standard 8 a.m. to 5 p.m. day, flextime typically involves a “core” period of the day during which employees are required to be at work, and a “bandwidth” period within which all required hours must be worked. The working day outside of the “core” period is “flexible time”, in which the City or employees can establish alternate schedules, subject to achieving total daily and weekly hours within the “bandwidth” period set by the City, and subject to the necessary work being done. The total working time required of employees on temporary flextime schedules is the same as that required under traditional work schedules. Hours may not be flexed between workweeks; they must be flexed within the week the employee’s schedule was altered. Moses Lake Council Packet 1-24-23, Page 179 of 318 Employee Handbook Updated 2/1/23 Page | 104 CHAPTER 10 - DISCIPLINE AND TERMINATION 10.1 CORRECTIVE AND DISCIPLINARY ACTION Supervisors are to give prompt attention to minor infractions, provide early counseling of employees when their behavior or job performance falls below acceptable levels, and allow reasonable time for employees to improve or correct problems brought to their attention when circumstances warrant. The City subscribes to the principle of corrective action and follows a policy of progressive steps for minor infractions, as determined by the City. All corrective actions shall be documented on the Notice of Disciplinary Action form. Corrective action for minor infractions will normally begin with a documented Verbal Warning and when circumstances warrant, proceed to a documented Written Warning. If the employee fails to correct performance or conduct after a Written Warning, disciplinary action is usually taken, proceeding to suspension from work with or without pay, demotion in status, and/or termination. However, in the case of serious infractions, the progressive approach may not be suitable, and the City may proceed directly to the appropriate corrective/disciplinary action, including consideration of termination. Subject to collective bargaining or other legal requirements, the City retains the right to determine the appropriate level of discipline in any particular situation considering the seriousness of the offense and any other considerations. All City employees are responsible for keeping themselves informed of the various rules that affect their job responsibilities and personal conduct while on duty and/or representing the City. These rules include but are not limited to: Administrative Policies and Procedures, Civil Service Bylaws, collective bargaining agreements, and departmental policies and standard operating procedures. Directors and managers should ensure that supervisors: (a) have a thorough knowledge of the applicable rules (b) understand the reasons for each of the rules; (c) administer the rules fairly, consistently, and uniformly and (d) ensure that all employees they supervise are aware of and understand the rules. Supervisors should maintain a continuing record of all actions taken with respect to corrective/disciplinary action. Notation should include dates, times, those present at all discussions of corrective/disciplinary action matters, as well as the content of discussion and any agreements reached. Before any corrective/disciplinary action is taken against an employee, the supervisor should determine: (a) what rule was violated; (b) who was involved; (c) when the violation or deficiency occurred; (d) who were the witnesses, if any; and (e) the employee's past record (length of service as well as previous violations). The Human Resources Department and City Attorney should be consulted prior to proceeding with corrective and/or disciplinary action. The Human Resources Department can advise both supervisors and employees concerning corrective/disciplinary action methods and procedures when issues are not clearly covered by either collective bargaining agreements or policies and procedures. Moses Lake Council Packet 1-24-23, Page 180 of 318 Employee Handbook Updated 2/1/23 Page | 105 Depending on the nature of the behavior at issue, the City may place an employee on paid administrative leave pending an investigation and determination regarding discipline. All corrective actions shall be documented on the Notice of Disciplinary Action form. PRE-DISCIPLINARY ACTION BY SUPERVISOR Minor employee behavior which is not consistent with established rules, regulations, or standards of performance should first be called to the employee's attention orally by the responsible supervisor, in a timely manner. A documented Verbal Warning is generally the first step taken for relatively minor infractions and should be taken promptly. The supervisor should discuss the matter with the employee in private and provide the employee reasonable opportunity to correct the matter involved. The employee may request union representation consistent with the law and applicable bargaining unit agreement (if applicable). The employee should be advised of probable consequences of failure to improve or correct the matter involved. The Verbal Warning should be documented in writing, signed by the employee, and maintained in the supervisor’s working file. WRITTEN WARNING Issued when an employee disregards a Verbal Warning for continuing related infractions, or for infraction(s) of a more serious nature. The responsible supervisor should identify the nature of the infraction in detail, specify the corrective measures to be taken, the timeframe, and place the employee on notice that further behavior of the kind cited will lead to serious consequences, i.e., termination, demotion, suspension. 1. A Written Warning should be discussed, prior to issuance, with a supervisor of higher level (manager or director) and/or the Human Resources Director and City Attorney to ensure the appropriateness of the action. 2. The Written Warning should be signed by the person who has the authority to implement the action that the notice states will be taken if the problem is not resolved. 3. The Written Warning should be discussed with the union representative (if applicable) and the employee receiving the warning to ensure that the employee understands the reasons for the action. The employee should be provided a copy of the Written Warning at the time it is discussed and should sign an acknowledgement that it has been received and is understood. 4. The original copy of the Written Warning shall be placed in the employee's personnel file. 5. The employee may prepare a written statement presenting his/her viewpoint regarding the matter. A copy of this statement should be provided to the supervisor and the original placed in the employee's personnel file. DEMOTION, SUSPENSION, OR TERMINATION: 1. Each action to demote, suspend, or terminate an employee should be documented by a written statement regarding the basis for the action taken. The statement should be Moses Lake Council Packet 1-24-23, Page 181 of 318 Employee Handbook Updated 2/1/23 Page | 106 signed by the supervisor taking the action, reviewed by the City Attorney, and approved by the City Manager prior to the action being taken. 2. The supervisor should provide the employee with a copy of any written complaints and other documents upon which the disciplinary action is based. These documents may have the names redacted for confidentiality purposes. 3. The employee will be informed of the disciplinary action being considered and, if appropriate, possible future action(s). 4. In the event demotion, unpaid suspension or termination is the proposed action, the supervisor shall notify the employee of a date, time and place the employee is to meet with the supervisor and other authorized persons, (such as the employee's union representative) to discuss the proposed disciplinary action. Advance notice of the meeting should be given. During the meeting the employee should be given ample opportunity to respond to all allegations. 5. The employee will be notified of the date the final decision regarding the proposed disciplinary action will be made and communicated to the employee. 6. The employee will be informed of the right to submit a written rebuttal to all allegations involved in the case and the right to include such document in the employee's personnel records. 7. FLSA-exempt personnel are not subject to unpaid corrective/disciplinary suspensions except as follows: 8. Unpaid suspensions of less than one week are permitted only for violations of safety rules of major significance. 9. All other unpaid suspensions shall be in full week increments. 10.2 RETALIATION The City does not tolerate unlawful retaliation against employees, volunteers, or contractors who engage in protected activities. Retaliation occurs when an employee, volunteer, or contractor suffers employment-related adverse consequences because of their protected activity. Protected activities include, but are not limited to, the following: Reporting unlawful discrimination, harassment, or retaliation. Cooperating in an internal investigation regarding discrimination, harassment, or retaliation. Testifying in a legal proceeding regarding discrimination, harassment, or retaliation. Requesting reasonable accommodation for a disability or sincerely held religious belief or practice. Reporting workplace safety issues. Reporting financial irregularities or the mismanagement of public funds. Reporting criminal misconduct. Filing a worker’s compensation claim; or Serving on a jury. Employees, volunteers, and contractors do not receive protection for actions taken in bad faith. Bad faith occurs when the employee, volunteer, or contractor provides false information with knowledge that the information provided is false. Moses Lake Council Packet 1-24-23, Page 182 of 318 Employee Handbook Updated 2/1/23 Page | 107 Adverse employment-related consequences include, but are not limited to, the following: Termination of employment Demotion in position, responsibilities, or pay Suspension Other disciplinary action 10.3 TERMINATION RESIGNATION To resign in good standing, an employee must give the City at least fourteen (14) calendar days prior written notice. This time limit may be waived by the employee's Department director or the City Manager. In certain circumstances, a resignation may be accepted and implemented immediately. INVOLUNTARY TERMINATION The City Manager or designee has the authority to discharge or dismiss personnel from City employment based on applicable standards under civil service, collective bargaining agreements, or other City law policy or practice. Other personnel may have the authority to effectively recommend to a department head and/or the City Manager the involuntary termination of an employee. EXEMPT Department Directors and other employees who report directly to the City Manager, as designated in the annual City budget, shall be subject to employment and termination at the discretion of the City Manager. Probationary employees may be discharged without cause or advance notice, and without recourse to any appeal procedures. LAYOFF Department directors/managers may, with approval of the City Manager, lay off employees because of changes in duties in the organization, elimination of a position, lack of work, shortage of funds, or other needs of the City as determined by the City Manager. Every reasonable effort will be made to integrate those employees into available positions for which they are qualified by transfer. Layoffs will not result in "bumping" employees in other departments or in the same department. The duties which were performed by laid off or terminated employees may be reassigned to other employees. 10.4 RE-HIRING OF LAYOFFS Individuals laid off may be eligible to be rehired to the position from which they were laid off within six months of their layoff if they remain qualified to perform the position. Represented employees should refer to their bargaining agreement regarding rehire or recall rights, if any. Individuals who are rehired to a regular full-time position within six (6) months of layoff will receive previous service credit towards their vacation accrual, unless provided under civil service or in a collective bargaining agreement. Moses Lake Council Packet 1-24-23, Page 183 of 318 Employee Handbook Updated 2/1/23 Page | 108 10.5 EXIT INTERVIEW When any regular-status employee leaves City employment, an exit interview may be offered by the Human Resources Department. The purpose of this interview is to allow both the employee and the City an opportunity to explore any areas for improvement that might exist within the department and/or the City. 10.6 RETURN OF CITY PROPERTY Upon separation, employees must immediately return all City property to the City, including keys, security key cards and ID badges, equipment, documents, City credit card, etc. 10.7 FINAL PAYCHECK The final paycheck following a separation of employment will be distributed on the next regularly scheduled payday. The employee has the option of using direct deposit (if they are already signed up for it), having the check mailed to them, or picking up the check in person from the Finance Department. In the case of a death, the final paycheck will be distributed in accordance with RCW 49.48.120. Moses Lake Council Packet 1-24-23, Page 184 of 318 Employee Handbook Updated 2/1/23 Page | 109 Receipt of City of Moses Lake Personnel Handbook 1. All employees should read the following and submit your acknowledgement electronically, or have the option to sign, date, and return this page to Human Resources. The form will be placed in your personnel file. 2. It is your responsibility to have read these policies, as they will acquaint you with your employee benefits, City personnel practices and rules, and our organizational philosophy. It is important to understand that these policies do not create an employment contract or a guarantee of employment of any specific duration between the City and its employees. Although we hope that your employment relationship with us will be long term, we recognize that at times things do not always work out as hoped, and either of us may decide to terminate the employment relationship. 3. Unless specific rights are granted to you in employment contracts, civil service rules or elsewhere, all employees of the City are considered at-will employees and may be terminated from City employment at any time, with or without cause and with or without notice. 4. Cities are subject to state and federal laws and, as a result, personnel policies may change. The City, therefore, reserves the right to revise, supplement, clarify or rescind any policy or portion of a policy when deemed appropriate by the City Manager. You will be notified of any such changes. 5. Please also understand that no supervisor, manager, or representative of the City other than the City Manager has the authority to make any written or verbal statements or representations which are inconsistent with these policies. 6. If the City of Moses Lake mistakenly overpays you, you consent to the deduction of the overage from your later paychecks. You also consent to deduction from your final paycheck of: (1) any amounts advanced to you that remain unearned when your employment with the City of Moses Lake ends, or (2) any amount necessary to reimburse the City of Moses Lake for your own actions, such as failure to return City equipment, unauthorized telephone charges, or damage to City equipment or property. 7. If you have any questions about these policies or any other policies of the City, please feel free to ask your supervisor, director, or Human Resources. I have read and understand the Personnel Handbook and statements above, have had an opportunity to ask questions, and agree to abide by said policies. _________________________________ ___________________________ Employee Signature Date ________________________________________ Print Name Moses Lake Council Packet 1-24-23, Page 185 of 318 2023 Employee Handbook Summary of Changes From Prior 2022 Handbook Chapter/Section Change 3.3 •Hiring Procedure – updated to include language on Washington state Equal Pay and Opportunities Act. •Position Announcement Published – updated to include language “unless specified by a collective bargaining agreement.” 4.6 •Network Usage – updated to current policy. •Automobile Usage – section update to include process to driver approval process. 4.9 •Corporate Credit Card – updated to current policy. 5.2 •Employee Recognition – updated with language that employees would pay any applicable payroll taxes on monetary awards and incentives and how years of service may be recognized. 6.5 •Overtime/compensatory Time – maximum accumulation and usage updated. 7.1 •Salary Administration -- updated to include language on Washington state Equal Pay and Opportunities Act. •Salary Range Progression – updated to reflect entry level advertisement range. 7.4 •Paydays – Updated to clarify when holiday falls on Friday. 7.5 •Travel and Business Expenses – updated to current policy. 8.7 •Safety Footwear – updated to clarify 8.10 •Wellness Committee and Employee Program – updated to include option to use gift cards not exceeding $50 and employee responsibility to pay applicable payroll taxes. •Clarifying language of wellness day hours. 9.1 •Holidays – clarification of holiday pay eligibility for absences prior to and after holiday. 9.2 •Vacation Accrual – clarification on when excess hours must be used. 9.3 •Sick Leave – clarification on when sick leave can be used in first 90 days. Moses Lake Council Packet 1-24-23, Page 186 of 318 RESOLUTION 3931 A RESOLUTION OF THE CITY COUNCIL OF THE CITY MOSES LAKE, WASHINGTON, ADOPTING UPDATED EMPLOYEE HANDBOOK Recitals: 1. The City established an Employee Handbook by Resolution 3874 on January 25, 2022. 2. The Employee Handbook is reviewed annually based on updates to policies and currentlaws. 3. The intent of the handbook is to govern the personnel functions and the administration ofbenefits that will result in a more efficient governmental operation. Resolved: 1. The City Council repeals Resolution 3874 and adopts this resolution to approve theupdated Employee Handbook effective February 1, 2023. 2. These policies will prevail over conflicting policies previously approved by the City Manager or adopted by the City Council. ADOPTED by the City Council of the City of Moses Lake on this 24th day of January 2023. Don Myers, Mayor ATTEST: Debbie Burke, City Clerk Moses Lake Council Packet 1-24-23, Page 187 of 318 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Allison Williams, City Manager 9457 Madeline Prentice Finance 1/24/2023 Consent Agenda Interlocal Investment Services Agreement - Grant County City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ Consider motion to authorize the City Manager to execute the Interlocal Investment Services Agreement with Grant County. The agreement authorizes the City of Moses Lake to participate in the Grant County Investment Pool, authorizes the Grant County Treasurer to perform the investment function by investing in instruments allowed by statute, and authorizes the payment of investment service fees as established in the agreement. Pursuant to Resolution No. 1485 and RCW 39.34.080, the City of Moses Lake participates in the County Investment Pool and authorizes the Grant County Treasurer to perform the investment function by placing funds collected for the benefit of the City and not required or available for immediate expenditure in investment instruments allowed by statute. Investment of funds collected for the benefit of the City and not required or available for immediate expenditure will continue to be invested in the County Investment Pool. Options and Results Authorize the City Manager to execute the agreement. Staff will bring back options for recommended changes. Agreement is voided.Moses Lake Council Packet 1-24-23, Page 188 of 318 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Allison Williams, City Manager 9455 Richard Law, PE Municipal Services 1/24/2023 Consent Agenda Well Rehabilitation Project Award City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 487,973.44$450,000.00$37,973.44$ Staff recommends that City Council motion to award the Wells 9,17, 23, 31, 33 and Dunes Well Rehabilitation project to the low bidder for $487,973.44. GC2022-086 Wells 9, 31, 33 and Dunes Well Rehabilitation Bid Tabulation 1-10-2023.pdf 202.68KB GC2022-086 Wells 9, 31, 33 and Dunes Well Rehabilitation Budget Ammendment.pdf 414.15KB City engineering and operations staff have identified six city wells that require maintenance and/or well rehabilitation work due to the declining deep aquifer water levels and, in some cases, equipment that is out of service. The benefits of completing this project will be to restore the reliability of the wells included in this project to a level of service that the city requires to meet its potable water supply needs in the near-term. This project is a high priority for the near-term water supply requirements of the city. However, this project is not a long-term solution for addressing the declining deep aquifers in the Columbia Basin region. The project will require budgeted funds to be spent in the amount of $450,000. The project will also require unbudgeted funds to be spent in the amount of $37,973.44. Additional work was identified and added to this project after the project went out to bid (See the project Addendum #1). This additional work explains why the final cost for the project will be higher than the amount that was budgeted last year. Moses Lake Council Packet 1-24-23, Page 189 of 318 Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Options and Results City staff will execute the contract with the low bidder, Empire Well Drilling LLC. Staff will develop options to accommodate the recommended changes. City staff will not proceed with the project at this time. Moses Lake Council Packet 1-24-23, Page 190 of 318 PROJECT NAME: Wells 9, 17, 31, 33 and Dunes Well Rehabilitation BID RESULTS 1 Mobilization 1-09 1 LS $25,000.00 $25,000.00 $40,000.00 $40,000.00 $25,000.00 $25,000.00 2 Well Head Access 7-10 5 EA $6,000.00 $30,000.00 $7,000.00 $35,000.00 $3,500.00 $17,500.00 3 Pull Column Pipe and Bowls 7-10 2650 VF $35.00 $92,750.00 $26.00 $68,900.00 $40.60 $107,590.00 4 Install Column Pipe and Bowls 7-10 2990 VF $35.00 $104,650.00 $26.00 $77,740.00 $48.80 $145,912.00 5 Pull Submersible Pump and Motor 7-10 280 VF $20.00 $5,600.00 $10.00 $2,800.00 $45.71 $12,798.80 6 Install Submersible Pump and Motor 7-10 280 VF $25.00 $7,000.00 $10.00 $2,800.00 $45.71 $12,798.80 7 Video Well 7-10 6 EA $1,700.00 $10,200.00 $1,500.00 $9,000.00 $1,600.00 $9,600.00 8 Replace or Rebuild Bowl Assembly 7-10 2 EA $23,500.00 $47,000.00 $20,000.00 $40,000.00 $16,000.00 $32,000.00 9 7.5 HP Submersible Pump and Motor 7-10 1 EA $7,000.00 $7,000.00 $4,500.00 $4,500.00 $4,625.00 $4,625.00 10 Inspection 7-10 5 EA $1,500.00 $7,500.00 $5,000.00 $25,000.00 $4,500.00 $22,500.00 11 New Line Shaft 7-10 340 VF $80.00 $27,200.00 $99.00 $33,660.00 $72.00 $24,480.00 12 New Column Pipe 7-10 420 VF $49.00 $20,580.00 $78.00 $32,760.00 $75.00 $31,500.00 13 Rebuild Well Motor 7-10 2 EA $24,350.00 $48,700.00 $24,000.00 $48,000.00 $23,904.00 $47,808.00 14 Well 17 Electrical Repair 7-10 1 LS $18,000.00 $18,000.00 $30,000.00 $30,000.00 $2,500.00 $2,500.00 451,180.00$ $450,160.00 $496,612.60 8.4%37,899.12$ $37,813.44 $41,715.46 489,079.12$ $487,973.44 $538,328.06 Schedule A: Water Improvements UNIT PRICE AMOUNT Engineers Estimate Empire Well Drilling, LLC Wenatchee, WA LAD Irrigation Moses Lake, WA PROJECT NUMBER: GC2022-086 SUBTOTAL SCHEDULE A SALES TAX TOTAL SCHEDULE A ITEM ITEM DESCRIPTION SECTION APPROX. QUANTITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Moses Lake Council Packet 1-24-23, Page 191 of 318 FUND #477 DEPARTMENT #477 REVENUES: 477-000-30890-1000 37,973.44 37,973.44 EXPENDITURES: 477-477-59434-0693 37,973.44 37,973.44 - EXPLANATION: REVENUES: - EXPENDITURES: - EXPLANATION: CITY OF MOSES LAKE 2023 BUDGET AMENDMENT 2023 BUDGET TRANSFER Wells 9, 17, 31,33 and Dunes Well Rehabilitation Project. Budgeted amount is $450,000. Low bid came in at $487,973.44. Some additional needed work was added by Addendum #1 after this project went out to bid. Use of fund balance in the amount of 37,973.44. Moses Lake Council Packet 1-24-23, Page 192 of 318 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Allison Williams, City Manager 9491 Kirsten Sackett Community Development 1/24/2023 Old Business Sagepoint Planned Development District (PLN2022-0014) City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ The Community Development Department has returned with the Sagepoint Planned Development District (PLN2022-0014) Ordinance for Council Signature PLN2022-0014 Sagepoint Planned Development District ORDINANCE 1-18-2023.docx 62.79KB PLN 2022-14 Sagepoint PDD Final Decision 11 22 22.pdf 17.65MB EXHIBIT 29 - PLN2022-0014 Sagepoint Revised 35-Lot Prelim Plat.pdf 3.41MB On January 10, 2023, the City of Moses Lake City Council held a Closed Record Public Hearing regarding the Sagepoint Planned Development District (PLN2022-0014). Pursuant to City of Moses Lake Code 18.67.110 City Council Action, and Section 20.09.030, the City Council considered and rejected the recommendations of the Hearing Examiner. Section 20.09.030 requires that a Council decision on the Hearing Examiner recommendation shall include a choice of the listed actions. Upon unanimous vote, City Council rejected the Hearing Examiner’s recommendations and approved the Planned Development District and waivers/deferrals/deviations. In summary, the Moses Lake City Council rejected the November 22, 2022 Hearing Examiner Recommended Findings of Fact, Recommended Conclusions of Law, Recommendation Conditions and Recommended Decision for the Sagepoint Planned Development District (PLN2022-0014), allowing for construction of 35 single-family units on the 6.41 acres of property identified under Assessor’s Parcel Number 090337000. Furthermore, the Council moved to delete Finding of Fact No. 20 and substitute with Findings of Fact No. 21-34 for the final creation of the adopting Ordinance. Moses Lake Council Packet 1-24-23, Page 193 of 318 Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: none Options and Results On January 10, 2023, City Council rejected the Hearing Examiner’s recommendations and approved the Planned Development District and waivers/deferrals/deviations Staff will bring back options for recommended changes. On January 10, 2023, City Council rejected the Hearing Examiner’s recommendations and approved the Planned Development District and waivers/deferrals/deviations Moses Lake Council Packet 1-24-23, Page 194 of 318 ORDINANCE 3019 AN ORDINANCE CREATING A PLANNED DEVELOPMENT DISTRICT OF MOSES LAKE PURSUANT TO MOSES LAKE MUNICIPAL CODE 18.67 Recitals: 1. The purpose of the Planned Development District (PDD) ordinance is to allow some flexibility in the design of clustered residential, commercial, or industrial uses with sufficient and appropriate collective open space or a mixture of such uses by permittingspecific modifications of the bulk and use regulations and performance standards of theunderlying zone(s) as applied to a particular parcel of land. Each approved PlannedDevelopment District is superimposed on the underlying zone to the extent that the Planned Development District shall modify and supersede the bulk and use regulations and performance standards of the underlying zone. 2.A Planned Development District encourages flexibility in design and development thatwill result in a more efficient and desirable use of the land. 3.Whereas, a Planned Development District permits flexibility of design, placement of buildings, use of required open spaces, circulation facilities, open spaces, off-street parking areas, and otherwise to better utilize the potentials of the site characterized byspecial features such as but not limited to geography, topography, or shape. 4.A Planned Development District provides for maximum efficiency in the layout ofstreets, utilities, and other public improvements. 5.A Planned Development District produces an integrated or balanced development of mutually supportive uses that might be otherwise inharmonious or incongruous. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. The following described property shall be permitted to develop as Sagepoint Planned Development District, as described in Legal Description Exhibit A as recorded with the Grant County Auditor and shall be named Sagepoint Planned Development District (PLN2022-0014). POR TR 45 BATTERY ORCHARD TRACTS (Prelim Sagepoint MP) TAX# 15239 A PARCEL OF LAND LOCATED IN A PORTION OF TRACT 45, BATTERY ORCHARD TRACTS, BX, PX, RECORDS OF GRANT COUNTY, WASHINGTON, AND THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., GRANT COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 4, EWERTS FIRST SHORT PLAT, BOOK 2 OF PLATS, PAGE 58 RECORDS OF SAID GRANT Moses Lake Council Packet 1-24-23, Page 195 of 318 COUNTY; THENCE NORTH 08°58'44" EAST, ALONG THE WEST LINE OF SAID LOT 4, A DISTANCE OF 130.03 FEET TO THE NORTHWEST CORNER OF SAID LOT 4 AND THE NORTH LINE OF SAID TRACT 45; THENCE SOUTH 80°33'46" EAST, THE NORTH LINE OF SAID LOT 4 AND SAID TRACT 45, A DISTANCE OF 107.50 FEET TO THE NORTHEAST CORNER OF SAID LOT 4; THENCE SOUTH 81°05'00" EAST, ALONG THE NORTH LINE OF SAID TRACT 45, A DISTANCE OF 160.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 08°58'44" WEST, A DISTANCE OF 160.00 FEET; THENCE NORTH 81°58'44" WEST, A DISTANCE OF 160.00 FEET TO THE EAST LINE OF SAID EWERT'S FIRST SHORT PLAT; THENCE SOUTH 08°58'44" WEST ALONG SAID EAST LINE, A DISTANCE OF 249.31 FEET TO THE NORTHEAST CORNER OF LOT 1 OF EWERT'S FIRST SHORT PLAT; THENCE SOUTH 81°01'23" EAST, ALONG AN EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 25.00 FEET TO THE NORTHEAST CORNER OF TRACT A AS SHOWN ON RECORD OF SURVEY BOUNDARY LINE ADJUSTMENT, BOOK 48 OF SURVEYS, PAGE 31 AFN 1195807, RECORDS OF GRANT COUNTY; THENCE SOUTH 08°58'44" WEST, ALONG THE EAST LINE OF SAID TRACT A, A DISTANCE OF 89.59 FEET TO THE NORTH LINE OF BLOCK 5, LOOP PLAT, BOOK 6 OF PLATS, PAGE 1, AFN 231602, RECORDS OF SAID GRANT COUNTY; THENCE SOUTH 81°01'39" EAST, ALONG THE NORTH LINE OF SAID BLOCK 5, A DISTANCE OF 458.58 FEET; THENCE SOUTH 81°19'48" EAST, ALONG THE NORTH LINE OF SAID BLOCK 5, A DISTANCE OF 24.47 FEET TO THE SOUTHWEST CORNER OF LOT 2, BLOCK 2, DORSING FIRST SHORT PLAT, BOOK 12 OF SHORT PLATS, PAGE 31, AFN 1103742, RECORDS OF SAID GRANT COUNTY; THENCE NORTH 32°10'00" EAST, ALONG THE WESTERLY LINE OF SAID DORSING FIRST SHORT PLAT, A DISTANCE OF 543.39 FEET TO THE NORTHWEST CORNER OF LOT 1, BLOCK 1, OF SAID DORSING FIRST SHORT PLAT AND THE NORTH LINE OF SAID TRACT 45; THENCE NORTH 81°05'00" WEST, ALONG THE NORTH LINE OF SAID TRACT 45, A DISTANCE OF 562.01 FEET TO THE TRUE POINT OF BEGINNING. Section 2. On February 17, 2022, the City of Moses Lake Community Development Department received a complete application for a Planned Development District, a request for Waivers/Deferrals/Deviations, and Preliminary Major Subdivision No. PLN2022-0014. The application materials proposed the subdivision of Assessor Parcel 090337000, consisting of 6.41 acres, into 35 lots for residential development and a reduction (waiver/deviation) of the City’s adopted lot standards. Section 3. Under current City code, the proposal includes three separate applications, all of which constitute quasi-judicial land use applications. Section 4. First, there is a request for approval of a Preliminary Major Subdivision. Section 5. The second request was for approval of a Planned Development District and Planned Development District Ordinance which allows for modification of the Moses Lake Council Packet 1-24-23, Page 196 of 318 bulk standards of the Zoning District. In this case, lot width reduction, lot depth reduction, lot area reduction, allowance for irregular lot configuration, flag lot modification, and setback reduction for proposed lots 17-35 and 6-8 (as applicable). Section 6. Third, there is a request for associated waivers/ deferrals/ deviations asking for deviations from current City development standards to allow for the attached single family lots to be accessed by a private street (17.21.030 D - proposed lots 17-35). The City code provides for different review and approval processes for the three applications. State statutes require that all three applications “travel”together through the review process and that the city hold only one open recordpublic hearing during which all evidence, testimony, and comment is received.Once the hearing is closed, the submission or consideration of additional evidence is restricted. In other words, no additional information may be provided from any source, including the proponent, the public, or city staff. Section 7. Current City code provides for review and decision of the Preliminary Major Subdivision by the Hearing Examiner. The Hearing Examiner is an experienced land use attorney that the City uses due to his expertise and the complexity and risk exposure of land use matters. The City’s insurer has recommended the use of the Hearing Examiner for land use decisions. After the open record public hearing, the Hearing Examiner reviews the application, applicable codes and laws, testimony, and the evidence in order to reach a decision. The Hearing Examiner decision is appealable to Superior Court once it is a “final” decision. The Planned Development District and waivers/deferrals/deviations are also reviewed by the Hearing Examiner but the Hearing Examiner makes a recommendation to the City Council; the City Council makes the final decisions which are appealable to Superior Court. Because of the statutory requirements, the City Council is limited in its review and decision-making on the Planned Development District and waivers/ deferrals/ deviations, to conducting a closed record hearing during which the submission or consideration of new evidence is prohibited. Section 8. The applicant in this case submitted a consolidated application consisting of the three separate applications. Based on the Hearing Examiner’s review and consideration of the Preliminary Major Subdivision, waivers/deferrals/deviations, and Planned Development District following an open record public hearing held on November 8, 2022, the Hearing Examiner conditionally approved the Preliminary Major Subdivision. The Hearing Examiner’s conditional approval was subject to the City Council’s subsequent approvals of the Planned Development District and waivers/deferrals/deviations applications. The Hearing Examiner issued recommendations to deny the Planned Development District and waivers/deferrals/deviations. The Hearing Examiner’s decision is detailed in his written decision dated November 22, 2022. Because the Preliminary Major Subdivision decision was conditioned on subsequent City Council action, the Preliminary Major Subdivision decision will not become final and appealable until the City Council issues its decisions on the other two applications. Moses Lake Council Packet 1-24-23, Page 197 of 318 Section 9. The Hearing Examiner ’s Decision is included as Exhibit B. The Decision identifies the record established and considered by the Hearing Examiner and describes the basis for the Hearing Examiner’s recommendations for denial of the Planned Development District and waivers/ deferrals/ deviations. Reference page 6 (Finding of Fact No. 20) of the Decision. Section 10. On January 10, 2023, the City of Moses City Council held a Closed Record Public Hearing. Section 11. Pursuant to City of Moses Lake Code 18.67.110 City Council Action, and Section 20.09.030, the City Council shall consider and adopt or reject the recommendations of the Hearing Examiner. Section 20.09.030 requires that a Council decision on the Hearing Examiner recommendation shall include a choice of the listed actions. Section 12. Upon unanimous vote, City Council rejects the Hearing Examiner’s recommendations and approves the Planned Development District and waivers/deferrals/deviations Section 13. Moses Lake City Council rejects the November 22, 2022 Hearing Examiner Recommended Findings of Fact, Recommended Conclusions of Law, Recommendation Conditions of Approval and Recommended Decision for the Sagepoint Planned Development District (PLN2022-0014), allowing for construction of 35 single-family units on the 6.41 acres of property identified under Assessor’s Parcel Number 090337000. Furthermore, the Council moves to delete Finding of Fact No. 20 and substitute with Findings of Fact No. 21-34. Section 4. The following Findings of Fact are hereby adopted: 1. The Applicant is Western Pacific Engineering and Survey, Inc., 1224 S. Pioneer Way,Moses Lake, WA 98837. The owner is Drew Scott, CAD Homes LLC, PO Box 2330,Moses Lake, WA 98837. 2. The Hearing Examiner was asked to consider three linked actions: 2.1 An application for a Planned Development District (PDD) application inaccordance with Section 18.67.090 for recommending an action to the City Council to approve, conditionally approve, or deny the permit; 2.2 An application for the Preliminary Major Subdivision application in accordance Title 17.12 MLMC for rendering a decision to approve, conditionally approve, or deny the permit; and 2.3 A request for a Deviation, Deferral, or Waiver in accordance with Chapter 17.33 for recommending an action to the City Council to approve, conditionally approve, or deny the permit. 3. Originally, the City of Moses Lake Community Development Department received anapplication for a seventeen (17) lot Preliminary Major Subdivision and Planned Moses Lake Council Packet 1-24-23, Page 198 of 318 Development District with a nineteen (19) unit multifamily complex (within Lot No. 1) and sixteen single dwelling unit lots. 4. On October 3, 2022, the City of Moses Lake received a revised application for a 35 LotMajor Subdivision creating 16 single-family detached lots (Lots 1-16) and 19 single-family attached lots (Lots 17-25) which includes a Planned Development District. Thearea for the 19 single-family attached lots, “Tract 1” (formerly referred to as “Lot 1”), includes additional density and the project reflects modification to the standards as allowed by a Planned Development District. Tract 1 proposes private infrastructure withimplementation of a Home Owners Association (HOA) for the maintenance of commonfacilities. Lots 17-35 are to be sold fee simple, with zero lot line, as attached, single-family townhomes. The townhomes will be clustered in groups of 3-4 and will be constructed on lots roughly 24’ x 79’ in size. 5.The subdivision will be served with City water and sanitary sewer. Streets will beimproved to City standards via extension of the existing street system. Storm waterdrainage and control will be provided in conformance with City of Moses Lake Standards and the Standards and requirements of the Stormwater Manual for Eastern Washington. Street lighting will be provided in compliance with City/Grant County PUD standards.Landscaping and Open Space will be provided in conformance with applicable City ofMoses Lake regulations. 6. The project is within a 6.41-acre property in the R-1, Single-Family Residential, zone. The property is located at NNA - Moses Lake, Washington, 98837, within the portion ofSection 33, Township 19 North, Range 28 East, W.M. Grant County, Washington andidentified as Assessor’s Parcel No. 090337000. 7. Application Procedures: Application Procedures/History Date Pre-Application Conference 8/31/2021 Application Received 2/17/2022 Notice(s) of Incomplete (3) 4/28/2022, 5/26/2022, 7/5/2022 Date Determined Complete 8/3/2022 Notice of Complete 8/3/2022 Notice of Application 8/3/2022 Agency Comments Due 8/18/2022 WSDOT extension 9/6/2022 Newspaper Publication 9/12/2022 Site Posting 9/11/2022 Moses Lake Council Packet 1-24-23, Page 199 of 318 Notice of Hearing Postponement 9/22/2022 Revised Application 10/3/2022 Revised Date of Complete 10/4 2022 Notice of Revised Application 10/4/2022 Notice of Hearing 10/19/2022 Hearing Examiner Hearing 11/8/2022 8.Site Characteristics: Generally flat with minimal slopes. Land Use Existing Land Use Comprehensive Plan Designation (Future Land Use) Zoning District Site Vacant Low Density Residential R-1, Single-FamilyResidential, Zone North Sage Point Elementary School Public Facilities Public East Existing Single Family Residential Homes. Low Density Residential R-1, Single-Family Residential, Zone South Existing Single Family Residential Homes. Low Density Residential R-1, Single-Family Residential, Zone West Existing Single Family Residential Homes. Low Density Residential R-1, Single-Family Residential, Zone 9. The City of Moses Lake issued a SEPA Determination of Non-Significance on October 4, 2022. There are no shorelines, wetlands, regulated waterways, or critical areas within the proposed project area. This SEPA Determination was not appealed. 10. Agencies and Departments with jurisdiction have been given the opportunity to reviewthe proposal. The following comments were received as indicated. CITY OF MOSES LAKE N/R=No Reply Building August 4, 2022 Engineering, Development and Surveyor August 9, 2022 August 29, 2022 Moses Lake Council Packet 1-24-23, Page 200 of 318 Fire Department August 9, 2022 Storm Water N/R Parks and Recreation October 18, 2022 LOCAL Grant County Health District N/R Grant PUD October 7, 2022 Cascade Natural Gas N/R Century Link N/R Multi-Agency Communications Center N/R Northland Cable N/R Grant County Assessor August 11, 2022 Grant County Treasurer October 7, 2022 East Columbia Basin Irrigation District August 5, 2022 Washington State Dept. of Ecology October 18, 2022 Dept. of Fish and Wildlife August 15, 2022 Dept. of Archaeology and Historic Preservation August 5, 2022 Dept of Transportation September 6, 2022 FEDERAL US. Bureau of Reclamation August 26, 2022 US Post Office N/R TRIBES Confederated Tribes of the Colville Reservation N/R Wanapum Band N/R 11.Public Comments: 11.1 David & Peggy Earl - August 8, 2022 11.2 Tim Thomas - August 8, 2022 11.3 Farrel Huntsman - August 9, 2022 11.4 Wayne "Bud" and Leslie Piper - August 12, 2022 11.5 Yuliya Proskurina - August 11, 2022 Moses Lake Council Packet 1-24-23, Page 201 of 318 11.6 Leslie Piper - August 12, 2022 11.7 Mark Trimble - August 14, 2022 11.8 Mark & Jennifer Trimble - August 15, 2022 11.9 Chris and Marie Molitor - August 16, 2022 11.10 Pat and Judy Molitor- August 17, 2022 (verbal comments at the Council meeting) 11.11 “The Molitors” - Pat & Judy, Mitch & Marilyn, Chris & Marie, and Tim & Sarah - August 17, 2022 11.12 Sabrina Devries - August 18, 2022 11.13 Wayne Piper – September 16, 2022 11.14 Chris and Marie Molitor – October 25, 2022 11.15 Tim and Sarah Molitor - October 25, 2022 11.16 Greg & Micah Hoiland - October 25, 2022 11.17 Marilyn Molitor – October 25, 2022 11.18 Richard Pearce – June 27, 2022 (made comments at the August 9 City CouncilMeeting). 12.RESIDENTIAL ZONES (MLMC Chapter 18.20). R-1 Single Family Residential Zoning Development Standards. 12.1 Parcel No. 090337000 (6.41 acres) is within the R-1, Single-Family Residential,Zone. 12.2 Pursuant to MLMC 18.20.030, Allowed Uses: 12.2.1 A. The residential land uses table indicates where categories of land uses may be permitted and whether those uses are allowed outright or by conditional use permit. Only residential zones are included in this table. Land uses not listed are prohibited unless allowed through the process specified in Section 18.20.020(D). Further interpretation of these zones may be obtained as specified in Section 20.03.020(B). Land uses are also subject to any footnotes contained within this chapter. 12.2.2 Table 1: Land Uses in Residential Zones lists “Single-family detached dwelling” and “Single-family attached dwelling, each unit on its own lot of record" as allowed within R-1. 12.2.3 The project (located within Parcel No. 090337000 - the subject property) includes both single-family detached dwelling and single-family attached dwelling, each unit on its own lot of record as allowed by MLMC 18.20.030 . In addition, see below regarding MLMC 18.20.130. 12.2.4 The Hearing Examiner notes that while single family attached dwellings are allowed, they are not allowed at the density, or outright, with the deviations, deferrals and waivers requested with this project. Moses Lake Council Packet 1-24-23, Page 202 of 318 13. Pursuant to MLMC 18.20.050 Development Standards for Residential Zones: 13.1 A. Purpose. This section establishes the site requirements and development standards for uses in the residential zones. The standards and rules are established to provide flexibility in project design, prevent fire danger, provide adequate access and circulation, reduce incompatibilities, and prevent overloading of infrastructure due to the impacts of development. 13.2 B. Explanation of Table. Development standards are listed down the left column of the table and the residential zones are identified across the top row. The matrix cells contain the requirements of each zone. The footnotes identify particular requirements applicable to a specific use, standard, or zone. 14. The Subdivision requirements include open space provisions and requirements.According to the City of Moses Lake Parks, Recreation & Cultural Services, “its location,and the Level of Service, as described in the City of Moses Lake Parks, Recreation & Open Space Plan, we find the most appropriate dedication would be a contribution to further develop the existing park in that neighborhood. This is to mean we will beexercising MLMC 17.27.090 Fee In Lieu of Open Space, per the requirements in saidcode.” As conditioned, the applicant shall remit payment fee in lieu of open space. 15. Pursuant to MLMC 18.20.130 Residential Density: No more than one (1) single-family dwelling unit or one (1) two (2) family dwelling unit shall be permitted as a principal useon any individual lot except as allowed through the planned unit development process(Chapter 18.67). 16. The applicant has applied for a Planned Development District pursuant to Chapter 18.67 which allows for flexibility in residential density. Additionally, MLMC 18.20.030Table1: Land Uses in Residential Zones allows for the proposed single-family detacheddwelling and single-family attached dwelling, each unit on its own lot of record. TheHearing Examiner notes that while single family attached dwellings are allowed, they are not allowed at the density, or outright, with the deviations, deferrals and waivers requested with this project. 17. Shoreline Management Act: There are no Shoreline Environmental Designations withinthe site thus the Shoreline Management Act does not apply. 18. Shoreline Management Program: There are no Shoreline Environmental Designationswithin the site thus the Shoreline Management Program does not apply. Moses Lake Council Packet 1-24-23, Page 203 of 318 19. Critical Areas: Excepting for the potential for cultural resources, no known critical areas exist on-site. 20.The City Council of the City of Moses Lake hereby rejects the Hearing Examiner’srecommendation for denial, and herby approves this Planned Development, with theproposed Deviations, Deferrals, and Waivers, and the Hearing Examiner’s Finding of Fact No. 20 is hereby deleted and substituted with Findings of Fact No. 21-34 below. 21.PLANNED DEVELOPMENT DISTRICT (MLMC Chapter 18.67): 21.1 The purpose of the planned development district ordinance is to allow someflexibility in the design of clustered residential, commercial, or industrial uses with sufficient and appropriate collective open space or a mixture of such uses by permitting specific modifications of the bulk and use regulations and performance standards of the underlying zone(s) as applied to a particular parcel of land. A planned development district is a floating district. Each approved planned development district is superimposed on the underlying zone to the extent that the planned development district shall modify and supersede the bulk and use regulations and performance standards of the underlying zone. 21.2 A Planned Development District shall: 21.2.1 Encourage flexibility in design and development that will result in a more efficient and desirable use of the land. 21.2.2 Permit flexibility of design, placement of buildings, use of required open spaces, circulation facilities, open spaces, off-street parking areas, and otherwise to better utilize the potentials of the site characterized by special features such as but not limited to geography, topography, or shape. 21.2.3 Provide for maximum efficiency in the layout of streets, utilities, and other public improvements 21.2.4 Produce an integrated or balanced development of mutually supportive uses that might be otherwise inharmonious or incongruous 21.3 Pursuant to MLMC 18.67.020, Permitted Planned Development Districts: 21.3.1 Planned development districts may be approved for any use or combination of uses listed in Chapter 18.12 through Chapter 18.65 of this title as currently existing. The uses permitted in any specific planned development district shall be enumerated in the ordinance establishing the planned development district. 21.3.2 The applicant has applied for a Planned Development District, and the subject property is located within, the R-1, Single-Family Residential, Zone, as described in Chapter 18.20 - Residential Zones. The uses Moses Lake Council Packet 1-24-23, Page 204 of 318 proposed includes both single-family detached dwelling and single-family attached dwelling, each unit on its own lot of record as allowed by MLMC 18.20.030. Pursuant to MLMC 18.20.130 Residential Density: No more than one (1) single-family dwelling unit or one (1) two (2) family dwelling unit shall be permitted as a principal use on any individual lot except as allowed through the planned unit development process (Chapter 18.67). 21.3.3 As described in the applicant’s narrative: “The (enclosed) documents support our request for a 35 Lot Major Subdivision creating 16 single- family detached lots and 19 single-family attached lots. The area for the 19 single-family attached lots, “Tract 1” (formerly referred to as “Lot 1”), is to be developed utilizing a Planned Development District Zone. Tract 1 proposes private infrastructure with implementation of a Home Owners Association for the maintenance of common facilities. Lots contained within this tract are to be sold fee simple, with zero lot line, attached, single-family townhomes. As displayed, townhomes will be clustered in groups of 3-4 and will be constructed on lots roughly 24’ x 79’ in size. 21.3.4 “As flexibility in design is provided through the planned development process, the proposed modifications to the bulk and use regulations of the underlying zone are such: 21.3.4.1 Lot Size: 21.3. 4.1.1 Single-Family Detached: Standard Met (7,000 Sq Ft) 21.3. 4.1.2 Single-Family Attached: Not less than 1,794 Sq Ft 21.3.4.2 Lot Depth (100’): 21.3. 4.2.1 Single-Family Detached: Depths not less than 95.00’ 21.3.4.2.2 Single-Family Attached: Depths not less than 78.00’ 21.3.4.3 Lot Width (65’ or 70’ on corners): 21.3.4.3.1 Single-Family Detached: Widths not less than 40.00’ 21.3. 4.3.2 Single-Family Attached: Widths not less than 23.00’ 21.3.4.4 Front Yard & Exterior Side Yard – Garage: 21.3.4.4.1 Single-Family Detached: Intend to Meet R1 Standards (25’) 21.3.4.4.2 Single-Family Attached: 20’ Front Yard, 0’ Exterior Side Yard 21.3.4.5 Front Yard & Exterior Side Yard – Living Space: 21.3.4.5.1 Single-Family Detached: Intend to Meet R1 Standards (20’) 21.3.4.5.2 Single-Family Attached: 15’ Front Yard, 0’ Exterior Side Yard Moses Lake Council Packet 1-24-23, Page 205 of 318 21.3.4.6 Front Yard & Exterior Side Yard – Porches, Covered Entryways, etc.: 21.3.4.6.1 Single-Family Detached: Intend to Meet R1 Standards (15’) 21.3.4.6.2 Single-Family Attached: 15’ Front Yard, 0’ Exterior Side Yard 21.3.4.7 Interior Side Yard: 21.3.4.7.1 Single-Family Detached: Intend to Meet R1 Standards (5’ or 6’ with65’ lot) 21.3.4.7.2 Single-Family Attached: 0’ Interior Side Yard 21.3.4.8 Rear Yard: 21.3.4.8.1 Single-Family Detached: Intend to Meet R1 Standards (25’) 21.3.4.8.2 Single-Family Attached: 5’ Rear Yard 21.3.4.9 Density: 21.3.4.9.1 A total density of 35 dwelling units is requested for the development of roughly 6.41 acres, providing a 1.46 DU/AC increase to underlying zoning, and aligning with the comprehensive plan of 4-6 DU/AC. 21.3.4.10 Flag Lots – Flag lots may be approved in residential zones where one (1) or two (2) lots would otherwise be unaccessible to a dedicated street because of prior subdivision of land, property segregation, or difficult terrain. The Community Development Director shall determine whether or not such a situation exists for a proposed subdivision. If a flag lot is approved, the buildable portion of the flag lot shall not be set further than one (1) lot back from a dedicated street. The flagpole portion of a flag lot shall be twenty feet (20') wide or greater, and the street frontage shall be per Moses Lake Municipal Code 18.20.070. 21.3.4.10.1 The allowance of flag poles is being requested for Tract 1, Lot 6, and Lot 7. 21.3.4.11 Non-Conforming Lot: 21.3.4.11.1 Lot 8 meets standards for lot sizing but is generally non-conforming due to shape. A modification for allowance is requested and a building envelope can be provided for satisfaction of setback requirements. 21.4 The applicant’s narrative also states: Moses Lake Council Packet 1-24-23, Page 206 of 318 21.4.1 “This proposal provides concurrency with the underlying zoning standards and comprehensive plan land use designation, while also aligning with the City’s Housing Action Plan, and remaining chapters of the municipal code and comprehensive plan. Some identified aspects include the increase and variety of housing options, an increase in density for the existing residential zone, development of vacant infill property, and connectivity for streets and pedestrian pathways. The pedestrian pathway allows for foot-traffic to move from either side of Dorsing Street, through Tract 1 and along the backside of all 19 single-family attached lots, while also providing future townhome owners access to rear-yards.” “…outlined by city staff in 2021, additional amenities such as the pedestrian pathway, innovative building design, additional landscaping for peripheral treatment, and additional open space for recreational use have been built into our plan for the Sage Point Development in exchange for the increased density and overall design flexibility. We hope these revisions provide the necessary clarification and allow us to move forward with our public hearing.” 21.4.2 In summary, the applicant is requesting accommodations in efforts of maximizing the site and providing much needed affordable housing options for the community. 21.5 The applicant’s narrative also states: 21.5.1 In review and correlation to MLMC 18.67.050(D.) “Population density and building intensity shall be evaluated in light of the densities and intensities permitted in the underlying zone.” 21.5.2 In addition to MLMC 18.20.010 “The R-1, Single-Family Residential, Zone is intended to provide for and to protect single-family residences in specified low-density residential areas and to preserve land for single- family residential uses. Residential density generally ranges from one (1) to four (4) dwelling units per acre.” 21.6 The applicant’s narrative also states: 21.6.1 “As the maximum permittable amount of residential dwelling units is perceived to be twenty-five (25) given the roughly 6.41 acre +/- parcel, a modification to standard is requested to provide a total of thirty-five (35) dwelling units within the entire development. This density further supports the integration of affordable housing options for our community.” 21.7 Approved planned development districts are permitted in all commercial, residential, and industrial zones existing in the City of Moses Lake’s Municipal Code. Moses Lake Council Packet 1-24-23, Page 207 of 318 21.7.1 The applicant has applied for a Planned Development District, and the subject property is located within the Chapter 18.20 - Residential Zones. Specifically, the R-1, Single-Family Residential, Zone. The uses proposed includes both single-family detached dwelling and single-family attached dwelling, each unit on its own lot of record as allowed by MLMC 18.20.030. The proposed density is consistent with the Comprehensive Plan. 21.7 Planned development districts may be used for the following types of development: Planned Development District. An area to be planned and developed as a single district and containing one or more residential clusters with sufficient and appropriate collective open space. Appropriate commercial, public, or quasi-public uses may be included if such uses are for the exclusive benefit of the residential development. included if such uses are for the exclusive benefit of the residential development. 21.7.1 As described in the applicant’s narrative, “As the maximum permittable amount of residential dwelling units is perceived to be twenty-five (25) given the roughly 6.41 acre +/- parcel, a modification to standard is requested to provide a total of thirty-five (35) dwelling units within the entire development. This density further supports the integration of affordable housing options for our community. “ 21.7.2 The applicant is requesting a “modification to density allowance as permitted in the underlying zoning. A total of thirty-five (35) dwelling units is requested, which provides a gross residential density of approximately 5.46 dwelling units per acre, being an increase of approximately 1.46 dwelling units per acre overall.” 21.7.3 As stated by the Applicant, “The project is providing approximate 36% open space contained within the Tract. As the proposal provides for an additional and approximate 36% increase to open space, additional landscaping to allow for a seamless and attractive transition for the extension of Dorsing Street, proper accommodations for almost all bulk and use regulations of the underlying zone with the exception to density, and is in alignment with the overall purpose for Planned Development Districts, as described within 18.67 .010, we believe this proposal to be a straightforward approach to compatible infill development in addition to an extremely beneficial attribute to the community that allows proper integration of necessary affordable housing options.” 22 General Planned Development District Application Requirements: 22.1 Pre-Application Conference. 22.1.1 Prior to submission of a planned development district application and map(s), the proponent shall schedule a pre-application conference with the Moses Lake Council Packet 1-24-23, Page 208 of 318 Community Development Director and representatives of other affected city departments. The proponent shall present a conceptual plan of the planned development district including a general outline of the proposal represented by sketch plans. The Community Development Director will respond informally and address potential items of concern to aid the proponent in preparing the planned development district application and map(s). 22.1.2 The Community Development Director shall furnish the proponent with a written review of the conference regarding the relationship of the planned development district to the Comprehensive Plan and any applicable city zoning ordinances, design standards, and policies. 22.1.3 The Pre-Application Conference was held on August 31, 2021. 22.2 Planned Development District Application and Maps. The planned development district application and map(s) shall be filed with the Community Development Department on forms prescribed by the Community Development Department. The application shall be accompanied by eleven (11) copies of the planned development district application and map(s). A non-refundable fee of two hundred dollars ($200) shall accompany each and every application for a preliminary planned development district. If a development is planned for the zoning overlay district, a separate fee for the plat or binding site plan shall also be paid per the city’s fee schedule for processing such developments. 22.2.1 The applicant has prepared and submitted the Planned Development District Application and Maps (Preliminary Planned Development District and Application) and paid appropriate fees. The fees listed in the Code do not reflect the adopted Fee Schedule, and are superseded by the Fee Schedule. 22.3 Environmental Information. Environmental information shall be prepared and submitted in accordance with the guidelines established under the State Environmental Policy Act of 1971, as amended, and Title 14 entitled “Environmental Regulations.” Said information is a part of and must accompany the planned development district application and map(s). 22.3.1 The applicant has prepared and submitted environmental information in accordance with the guidelines established under the State Environmental Policy Act of 1971, as amended, and Title 14 “Environmental Regulations.” (SEPA Checklist February 15, 2022 and Revised October 2022, and Traffic Memo - February 17, 2022 and revised September 29, 2022,) 22.4 Deviation, Deferral, or Waiver. Requests for deviations, deferrals, or waivers of Community Street and Utility Standards shall be submitted as a part of and must accompany the planned development district application and map(s). The Hearing Examiner shall recommend to the City Council that the requested deviations, deferrals, or waivers be either approved, conditionally approved, or denied. The City Council shall either approve, conditionally approve, or deny the requested Moses Lake Council Packet 1-24-23, Page 209 of 318 deviations, deferrals, or waivers based upon the recommendation of the Hearing Examiner. Deviations, deferrals, or waivers of Community Street and Utility Standards shall be listed in the ordinance conditionally approving and establishing the planned development district. 22.4.1 The applicant has requested a deviation, deferral, or waivers to Title 17 Subdivisions. 22.5 Comprehensive Plan. The planned development district shall be consistent with the city’s Comprehensive Plan. 22.5.1 See the Comprehensive Plan analysis found in the latter part of this Decision. The Comprehensive Plan designates this property as low density residential – the proposed PDD meets the intent of the Comprehensive Plan. 22.5.2 The applicant has provided the following narrative about conformance with the Comprehensive Plan: “Provided below are references to the Comprehensive Plan and draft Housing Action Plan, in addition to citations of the specific Goals and Policies, as outlined within the Comprehensive Plan and Housing Action Plan. Please utilize these references and citations as support for this planned development proposal, that of which includes a modification request for a minor density increase, and therefore meets the requirements for a statement of planning objectives”. 22.5.2 Described within Chapter 3, Conditions and Trends, specifically item number two (‘While there is adequate land capacity to accommodate projected growth, the rate of housing production would need to increase to an average of 253 units per year to provide enough housing’), the addition of the proposed 35 new units provides support that this development is in alignment with the required housing increase to accommodate the city’s projected growth. 22.5.3 Supportive citations from Ch. 3 Land Use, Goals and Policies, to include: 22.5.3.1 Policy 3.2.3 22.5.3.2 Policy 3 3.1, 22.5.3.3 Policy 3.3.2 22.5.3.4 Policy 3.3.3 22.5.3.5 Policy 3.3.9 22.5.4 As described within Chapter 3 Land Use (Land Use Designations, Low Density Residential (LDR), Principal Use & Density), principal land uses are described as densities of “...4-6 units per acre ” The gross residential density for our is approximately 5.46 dwelling units per acre, providing only minor need for accommodation regarding modification/deviation of density allowance. As a modification is still applicable, reference of Moses Lake Council Packet 1-24-23, Page 210 of 318 densities as described within this chapter provides an additional degree of support to the overall proposal 22.5.5 As described within Chapter 4 Housing (Introduction), the proposal provides support to this element in regard to projected future trends and opportunities to: 22.5.5.1 Ensure City plans and regulations offer opportunities for a range of housing styles and prices to fit a range of household needs and incomes. 22.5.5.2 Enhance residents’ quality of life by investing in existing neighborhoods through improving walkability and access to destinations such as parks and stores 22.5.6 As described within both Exhibit 4-1 within Chapter 4 Housing and the draft Housing Action Plan, our proposal fully supports the following strategies: Strategy 2: Increase Allowed Housing Types in Existing Zones 22.5.7 This proposal is supported by strategy 2 as it provides additional density by implementing the use of town homes and offers greater affordable housing options. 22.5.8 Strategy 4: Added Flexibility for Planned or Clustered Subdivisions into The Zoning Code. As flexibility in design supports the maximation of site and ultimate benefit to the community, our proposal is supported by this strategy. 22.5.9 Supportive citations from Ch. 4 Housing, Goals and Policies, to include: 22.5.9.1 Goal 4.1 22.5.9.2 Policy 4.1.1 22.5.9.3 Policy 4.1.3 22.5.9.4 Policy 4.1.7 22.5.9.5 Goal 4.2 22.5.9.6 Policy 4.2. l 22.5.9.7 Policy 4.2.4 22.5.10 The exploration and consideration of incentives, such as fee waivers, expedited permits, density bonuses, etc. as described within Policies 3.3.9 and 4.2.4, are encouraged to be provided within staff recommendations to allow for developer review and consideration. 22.5.11 Supportive citations from Ch. 6 Transportation, Goals and Policies, to include: 22.5.11.1 Goal 6.1 22.5.11.2 Policy 6.1.1 22.5.11.3 Policy 6.1.2 Moses Lake Council Packet 1-24-23, Page 211 of 318 22.5.11.4 Policy 6.1.4 22.5.11.5 Policy 6.1.5 22.5.11.6 Policy 6.1.8 22.5.11.7 Goal 6.2 22.5.11.8 Policy 6.2.1 22.5.11.9 Policy 6.2.2 22.5.11.10 Policy 6.2.4 22.5.11.11 Policy 6.2.5 22.5.11.12 Policy 6.2.6 22.5.11.13 Policy 6.3.1 22.5.11.14 Policy 6.3.3 22.5.12 In addition to the above-described supporting citations for Transportation Goals and Policies, the proposal has been designed to specifically meet the connectivity as provided within the transportation comprehensive plan map (not currently available through the City of Moses Lake website).” 22.5.13 Findings of Fact. Every decision or recommendation made under this chapter by the Hearing Examiner or City Council shall be in writing and shall include findings of fact and conclusions to support the decision or recommendation. 22.5.13.1 See Findings of Fact within this Decision. 22.5.14 Subdivision Approval. A planned development district for which subdivision or binding site plan approval is required may be submitted as a Planned Development District Short Plat, a Planned Development District Major Plat, or a Planned Development District Binding Site Plan. Such a planned development district shall be submitted and processed in conformance with the appropriate subdivision chapter of the Moses Lake Municipal Code and the requirements of this chapter. Redundant procedures or technical requirements shall be incorporated into the requirements and procedures of the appropriate subdivision chapter so as to not create unnecessary hardship or delay. Procedurally the preliminary and final planned development district element of a Planned Development District Short Plat, Major Plat, or Binding Site Plan must be approved prior to the required subdivision approvals. Such approvals may be given concurrently by the appropriate approving body. 22.5.14.1 The applicant has prepared and submitted an application for a preliminary Major Subdivision concurrent with the Planned Development District proposal. Preliminary Plat / Subdivision and Planned Development District applications were submitted concurrently (as revised). Moses Lake Council Packet 1-24-23, Page 212 of 318 22.5.15 Titles. Planned development districts shall be appropriately entitled, i.e. Planned Development District, Planned Residential Development District, Planned Commercial Development District, or Planned Industrial Development District. 22.5.15.1 The applicant has prepared and submitted an application for a Planned Development District. 23. Pursuant to MLMC 18.67.040 Preliminary Planned Development District Requirements: The preliminary planned development district application and map(s) shall depict orcontain the following information: 23.1 A legal description of the total site proposed for development including astatement of the present and proposed ownership and present and proposed zoning. 23.1.1 The applicant has prepared and submitted an original and revised preliminary plat, and the legal description is included within the materials. 23.2 A statement of the planning objectives to be achieved by the planned development district through the particular approach proposed by the applicant. 23.2.1 The applicant has provided a detailed statement of planning objectives above and within the narratives (application materials). 23.2.2 The Goals and Policies within the adopted Comprehensive Plan and Housing Action Plan (“planning objectives to be achieved by the planned development”) which support the proposal for the requested PUD can be found within the Comprehensive Plan Section of this Decision. 23.3 An itemized list of the proposed modifications to the bulk and use regulations of the underlying zone(s). 23.3.1 The applicant has prepared and submitted an itemized list of the proposed modifications to the bulk and use regulations of the underlying zone(s) noted within a table “Development Standards PUD (compared to) - Table 2: Development Standards in Residential Zones.” See above section. 23.3.2 As conditioned, each requested Code modification is listed within the “Planned Development District Recommended Conditions of Approval.” The preliminary plat reflects an approved modification of the bulk regulations. As conditioned, the final Planned Development District and Subdivision is subject to the Hearing Examiner’s recommendation of approval to the City Council; and approval by the City Council of the Hearing Examiner’s recommendation. The submittal of final plat rests upon the conditions reflected herein. 23.4 A development schedule indicating the approximate date when construction of the planned development district or stages of the planned development district can be expected to begin and be completed. Moses Lake Council Packet 1-24-23, Page 213 of 318 23.4.1 According to the applicant’s narrative, a development schedule states “As soon as possible.” 23.5 A statement of the applicant’s intention with regard to the future selling or leasing of all or portions of the planned development district. 23.5.1 The applicant has indicated that all lots are to be sold separately. 23.6 Quantitative data for the following: number and type of structures; parcel size; proposed lot coverage by buildings and structures; approximate gross and net residential densities; and the total amount of open space. 23.6.1 As stated in the applicant’s narrative: “As the maximum permittable amount of residential dwelling units is perceived to be twenty-five (25) given the roughly 6.41 acre+/- parcel, a modification to standard is requested to provide a total of thirty-five (35) dwelling units within the entire development.” 23.6.2 A dimensioned preliminary site plan is provided. 23.7 Relationship of the property to the surrounding area including identification of adjacent land uses, zoning, and peripheral treatment of the planned development district to maximize compatibility and integration of the planned development district with adjacent uses. 23.7.1 The applicant’s narrative states the following: “This proposal provides concurrency with the underlying zoning standards and comprehensive plan land use designation, while also aligning with the City’s Housing Action Plan, and remaining chapters of the municipal code and comprehensive plan. Some identified aspects include the increase and variety of housing options, an increase in density for the existing residential zone, development of vacant infill property, and connectivity for streets and pedestrian pathways. The pedestrian pathway allows for foot-traffic to move from either side of Dorsing Street, through Tract 1 and along the backside of all 19 single-family attached lots, while also providing future townhome owners access to rear-yards. 23.7.2 ” …As outlined by city staff in 2021, additional amenities such as the pedestrian pathway, innovative building design, additional landscaping for peripheral treatment, and additional open space for recreational use have been built into our plan for the Sage Point Development in exchange for the increased density and overall design flexibility. We hope these revisions provide the necessary clarification and allow us to move forward with our public hearing.” 23.7.3 The surrounding area analysis is identified within the Site Information of this Decision. As conditioned, peripheral treatment of the Planned Development District shall maximize compatibility and integration with adjacent uses. 23.8 Proposed land uses and approximate building locations or buildable areas. Moses Lake Council Packet 1-24-23, Page 214 of 318 23.8.1 The applicant has prepared and submitted concept materials within the Planned Development District. A dimensioned primary site plan has been prepared and submitted. 23.9 A general landscape plan. 23.9.1 The applicant has prepared and submitted concept materials related to landscaping within the Planned Development District. 23.9.2 As conditioned, final design shall be submitted, reviewed by Community Development, and conditioned as necessary to comply with the City of Moses Lake Municipal Landscape Codes. 23.10 Existing site conditions including contours at two-foot (2') intervals and unique natural features. 23.10.1 The existing site is relatively flat and vacant. The “site plan” shows contour lines. 23.11 A list of the names and addresses of all owners of record of real property within five hundred feet (500') of the external boundaries of the proposed planned development district. In addition, the proponent shall submit a list of the names and addresses of all owners of record of real property within five hundred feet (500') of real property which lies adjacent to the external boundaries of the proposed planned development district and is owned by the proponent. 23.11.1 With the required notice of application process, the City of Moses Lake has transmitted necessary notice to owners of record as required by Moses Lake Municipal Code. 23.12 The existing and proposed circulation system of arterial, collector and local streets including off-street parking areas, service areas, loading areas, storage areas, and points of ingress and egress to the planned development district. 23.12.1 The applicant has provided a revised Traffic memo, dated September 29, 2022, which combined with the preliminary plat and concept site plan, show street systems and layout. 23.13 Existing and proposed utility systems including sanitary sewers, storm sewers, water, electrical lines, natural gas lines, TV and radio cable lines, and telephone lines. 23.13.1 The applicant has not prepared nor submitted preliminary construction plan sets showing necessary infrastructure. As conditioned, the applicant shall comply with adopted standards and specifications. 23.14 The proposed pedestrian circulation system. Per Moses Lake Street standards, the sidewalks and open space trail will allow residents safe access to adjoining public streets 23.14.1 The applicant has not prepared nor submitted preliminary construction plan sets showing adopted standards for safe pedestrian circulation. As conditioned, the applicant shall comply with adopted standards and specifications. Moses Lake Council Packet 1-24-23, Page 215 of 318 23.15 The proposed treatment of the perimeter of the planned development district, including materials and techniques used such as screens, fences, and walls. 23.15.1 As stated in the applicant’s narrative: This proposal provides concurrency with the underlying zoning standards and comprehensive plan land use designation, while also aligning with the City’s Housing Action Plan, and remaining chapters of the municipal code and comprehensive plan. Some identified aspects include the increase and variety of housing options, an increase in density for the existing residential zone, development of vacant infill property, and connectivity for streets and pedestrian pathways. The pedestrian pathway allows for foot-traffic to move from either side of Dorsing Street, through Tract 1 and along the backside of all 19 single-family attached lots, while also providing future townhome owners access to rear-yards. 23.15.2 Additionally, per the applicant’s narrative, “outlined by city staff in 2021, additional amenities such as the pedestrian pathway, innovative building design, additional landscaping for peripheral treatment, and additional open space for recreational use have been built into our plan for the Sage Point Development in exchange for the increased density and overall design flexibility. We hope these revisions provide the necessary clarification and allow us to move forward with our public hearing.” 23.15.3 As conditioned, the applicant shall address and provide treatment of the perimeter of the Planned Development District, including materials and techniques used such as screens, fences, and walls. 23.16 Vicinity map showing adjacent subdivision. 23.16.1 See Sagepoint Preliminary Plat 23.17 The method of maintaining common facilities. 23.17.1 As conditioned, the applicant shall create a Home Owners Association (HOA) association for the maintenance of common facilities and areas. 23.18 Proposed lot lines. 23.18.1 See Sagepoint Preliminary Plat 23.19 The location and size in areas or square feet of all areas to be conveyed, dedicated, or reserved as common open space, public parks, recreational areas, school sites, streets, and similar public, and semi-public uses. 23.19.1 According to the applicant, common open space is provided. A full-scale rendering is included in the applicant submittal package. 24. Comprehensive Plan. The Comprehensive Plan Designation is Low Density Residential. According to the MLMC, the R-1, Single-Family Residential, Zone is intended to providefor and to protect single-family residences in specified low-density residential areas andto preserve land for single-family residential uses. Residential density generally ranges Moses Lake Council Packet 1-24-23, Page 216 of 318 from one (1) to four (4) dwelling units per acre. The following goals and policies set forth in the comprehensive plan are relevant to this development: 24.1 Land Use Element - Land Use Designations: 24.1.1 Residential Uses. Moses Lake has capacity to accommodate approximately 10,275 new residents within city limits and capacity for an additional 24,140 residents in the unincorporated UGA. The city has sufficient residential land capacity within existing city limits to accommodate adopted population growth target of 7,917 residents for the 2018-2038 planning period. 24.1.2 Population growth in Moses Lake has averaged 2.4% annually since 2015. If this trend continues, the city’s population would exceed the adopted target and grow to approximately 35,626 residents by 2038. This rate of residential growth would slightly exceed the available capacity within city limits. To accommodate this level of growth, additional density within city limits would be necessary. Incorporation of some portions of the UGA could also provide capacity to meet housing needs, but annexation of unincorporated areas carries other additional costs to the City in the form of infrastructure needs and public services; focusing development within existing urban areas is also a core goal of the Growth Management Act. 24.1.3 To keep pace with the rate of population growth and maintain the existing ratio of housing to population, housing production would need to average 253 units per year, a net increase of 4,803 units. 24.2 Housing Element: 24.2.1 Goal 4.1 Provide a variety of housing types and densities to meet the needs of all members of the community. 24.2.2 Policy 4.1.1 Maintain an adequate supply of single family and multi- family housing for all economic segments of the population. 24.2.3 Policy 4.1.3 Use innovative land use regulations to enable construction of affordable and attractive housing which include attached single-family units, modular or manufactured housing, duplexes, townhouses, clustered housing, mixed-use developments, group homes, assisted living facilities, self-help housing, cooperatives, etc. 24.3 Land Use Element: 24.3.1 Goal 3.2 Balance the pace of development with the ability to provide public facilities and services. 24.3.2 Policy 3.2.1 Encourage development in and adjacent to urban areas where adequate public facilities and services exist or can be provided in a timely and cost-effective manner. Moses Lake Council Packet 1-24-23, Page 217 of 318 24.3.3 Policy 3.2.3 Incentivize infill development scaled and designed to fit the surroundings and revitalize corridors. 24.3.4 Policy 3.2.4 Ensure developments and annexations maintain Level of Service (LOS) standards established for capital facilities, utilities, and transportation or provide for timely mitigation that restores standards. 24.3.5 Goal 3.3 Maintain and enhance the health and vitality of residential neighborhoods. 24.3.6 Policy 3.3.1 Protect and preserve the character and quality of existing residential neighborhoods. 24.3.7 Policy 3.3.2 Encourage a range of housing types, densities, and affordability levels to meet the diverse and changing needs of the community. 24.3.8 Policy 3.3.4 Create walkable residential neighborhoods with safe streets and good connections to schools, parks, transit, and commercial services. 24.4 Low Density Residential (LDR): 24.4.1 Purpose: This designation provides for low-density residential development in neighborhoods already characterized by one- and two- family dwellings or is not suited to more intense residential development. 24.4.2 Locational Criteria: If undeveloped, this designation should apply to areas located near existing single-family neighborhoods. 24.4.3 Principal Uses & Density: Single family detached homes, accessory uses, public and semi-public uses are the principal land uses at densities of 4-6 units per acre. Attached housing types may be allowed under certain circumstances, such as duplexes or triplexes on corner lots in compliance with design standards. For new subdivisions in the LDR designation, flexibility should be provided for a range of lot sizes, provided overall density standards are met. 24.4.5 Implementing Zones:▪ R-1 24.5 Housing Action Plan Goals: 24.5.1 Increase housing production. Relieve demand pressures in the community by adding housing capacity. Increasing overall housing production, particularly rental units, can help reduce the rate of housing cost escalation and associated risks of displacement. This goal involves a review of the policy framework in place that may inhibit development of the quantity of units needed to accommodate population growth. Partnership with the development community to identify priorities and barriers is an important part of this effort. Moses Lake Council Packet 1-24-23, Page 218 of 318 24.5.2 In addition and within the City of Moses Lake Housing Action Plan, there are Goals and Strategies that “Encourage variety in housing stock” and “Increase housing production.” Specifically, The City of Moses Lake is planning a significant update to its zoning and development code following adoption of the updated Comprehensive Plan in November 2021. This code update will implement new comprehensive plan land use designations, provide increased predictability in the permitting process, promote quality urban design in Downtown and along major gateway corridors, and add flexibility for both commercial and housing development near established residential neighborhoods. The updates, coupled with the Housing Action Plan and Housing Needs Assessment, will promote a more efficient and streamlined development and land use process that will remove barriers to affordable housing production in the existing zoning code. 25. SUBDIVISIONS (MLMC Chapter 17.33 - WAIVERS, DEFERRALS, ANDDEVIATIONS). There is established a procedure for granting a waiver, deferral, or deviation of the regulations contained in this title, as follows: 25.1 Any subdivider can make application to the Community DevelopmentDepartment for a waiver, deferral, or deviation or any provision contained in this title provided the request is received concurrently with the proposed subdivision or dedication. Such application shall include any and all details necessary to support the application. 25.2 On October 31, 2022, the applicant requested a waiver, deferral, or deviation within an updated Narrative. The request is to deviate from compliance with 17.21.030 (D), “Every lot shall abut municipal streets, county roads, or state highways; which streets, roads, and highways have approvable access points to the lot from the respective agency with jurisdiction,” The 19 single-family attached lots (Lots 17-25) will be served by a private road and additional off-site parking. The road will meet construction standards. 25.3 The Hearing Examiner shall not recommend a waiver, deferral, or deviation of the subdivision regulations unless it shall find that the following conditions exist in each case of a request: 25.3.1 Where, because of the size of the tract to be subdivided, its topography, the condition or nature of adjoining areas, or the existing or unusual physical conditions, the strict compliance with the provisions of this title would cause an unusual and unnecessary hardship on the subdivider, the designated approving body may waive, defer, or deviate from the requirements set forth in this title. 25.3.2 In recommending a waiver, deferral, or deviation, the Hearing Examiner may require such conditions as will secure, in so far as practicable, the objectives of the requirement waived, deferred, or deviated from. Any waiver, deferral, or deviation authorized shall be entered in the minutes of Moses Lake Council Packet 1-24-23, Page 219 of 318 the Hearing Examiner together with the circumstances that justify the waiver, deferral, or deviation granted. 26. If a preliminary plat has not been approved as final within one (1) year for a short plat orseven (7) years for a major plat after the waiver, deferral, or deviation is granted, thatwaiver, deferral, or deviation shall become null and void. Any extension of the platapplies to the waiver, deferral, or deviation. 26.1 As conditioned, the project shall meet the above time requirements. 27. Comprehensive Plan Consistency. The proposed project is consistent with theComprehensive plan as the planned development district and preliminary subdivision islocated within a Low-Density Residential Designation. The proposed development is alsoconsistent with the Housing components of the Comprehensive Plan. The proposal is consistent with surrounding land uses. The subject property will use a portion of Parcel No. 110475166, 54.11 acres. 28. Consistency with the Moses Lake Municipal Code and Requirements. The HearingExaminer has reviewed the planned development district and preliminary subdivision forcompliance with Code. 29. After due legal notice, an open record public hearing was held on November 8, 2022. 30. The following exhibits were entered into the record: 30.3 Exhibit 1 - PLN2022-0014 Sagepoint Application 30.4 Exhibit 2 - PLN2022-0014 Sagepoint Cad Homes LLC_ PDD And Sub Narrative 2-15-2022 30.5 Exhibit 2a - PLN2022-0014 Sagepoint 17-Lot Exhibit A Attachment To Narrative 30.6 Exhibit 2b - PLN2022-0014 Sagepoint Preliminary Site Plan 30.7 Exhibit 3 - PLN2022-0014 Sagepoint Preliminary Plat Corrected - Original 2-15-2022 30.8 Exhibit 4 - PLN2022-0014 Sagepoint SEPA Checklist 2-15-2022 30.9 Exhibit 5 - PLN2022-0014 Sagepoint Traffic Report 11-29-2021 30.10 Exhibit 6 - PLN2022-0014 Sagepoint NOIA 4-28-2022 30.11 Exhibit 7 - PLN2022-0014 CAD Homes LLC Written Response 1st Incomplete 5-16-2022 30.12 Exhibit 8 - PLN2022-0014 Sagepoint 2nd NOIA 30.13 Exhibit 9 - PLN2022-0014 Sagepoint CAD Homes Written Response 2nd Incomplete 6-9-22 30.14 Exhibit 9a -PLN2022-0014 Sagepoint General Landscape Plan 6-8-2022 30.15 Exhibit 10 - PLN2022-0014 Sagepoint 3rd NOIA Moses Lake Council Packet 1-24-23, Page 220 of 318 30.16 Exhibit 11 - PLN2022-0014 Sagepoint CAD Homes Sagepoint Written Response 3rd NOI 8-1-22 30.17 Exhibit 12 - Pln2022-0014 Notice Of Complete 8-3-2022 30.18 Exhibit 13 - Pln2022-0014 Sagepoint Major Sub Review - Building Official 30.19 Exhibit 14 - PLN2022-0014 Sagepoint East Columbia Basin Irrigation District 5-5-2022 30.20 Exhibit 15 - Pln2022-0014 Sagepoint Major Sub Review - Dahp 5-5-2022 30.21 Exhibit 16 - Pln2022-0014 Sagepoint Pud Pp Surveyor Review 5-9-2022 30.22 Exhibit 17- Pln2022-0014 Sagepoint Major Plat Fire Review 5-9-2022 30.23 Exhibit 18 - PLN2022-0014 Sagepoint Review Grant County Assessor’s Office 5-11-2022 30.24 Exhibit 19 - PLN2022-0014 Sagepoint Review Washington Department Of Fish And Wildlife 5-15-2022 30.25 Exhibit 20 - PKB2022-0014 Sagepoint Comment Bureau Of Reclamation 5-26-2022 30.26 Exhibit 22 - Development Engineering Report 8-29-2022 30.27 Exhibit 23a Chris And Marie Molitor Sagepoint 8-16-2022 30.28 Exhibit 23b David & Peggy Earl - Lower Peninsula Against Pud Zoning 8-8-2022 30.29 Exhibit 23c Farrel Huntsman Sagepoint Comment 8-9-2022 30.30 Exhibit 23d Leslie Piper Proposed Pud On Peninsula 8-12-2022 30.31 Exhibit 23e Mark & Jennifer Trimble Comment Letter 8-15-2022 30.32 Exhibit 23f Mark Trimble Sagepoint Pln 2022-0014 8-14-2022 30.33 Exhibit 23g Pat And Judy Molitor Comment For PUD For Peninsula 8-17-2022 30.34 Exhibit 23h Richard Pearce Comment 6-27-22 30.35 Exhibit 23i Sabrina Devries Lower Peninsula Housing 8-18-2022 30.36 Exhibit 23j The Molitors Letter To Ml City Council-Development On Lower Peninsula 8-17-2022 30.37 Exhibit 23k Tim Thomas Sagepoint Comment 8-8-2022 30.38 Exhibit 23l Wayne And Leslie Piper Proposed Pud On Peninsula 8-12-2022 30.39 Exhibit 23m Yuliya Proskurina Development In Lower Peninsula 8-11-2022 30.40 Exhibit 24 - PLN2022-0014 Sagepoint Wsdot Comments 9-6-2022 30.41 Exhibit 25 - PLN2022-0014 Sagepoint Applicants Response To Public Comments 30.42 Exhibit 25a - PLN2022-0014 Sagepoint Public Hearing Notice 9-28-2022 30.43 Exhibit 25b - PLN2022-0014 Sagepoint Notice Of Postponement-Parties Of Record-Residents Moses Lake Council Packet 1-24-23, Page 221 of 318 30.44 Exhibit 26 - PLN2022-0014 Revised Sepa Checklist 10.3.22 30.45 Exhibit 27 - PLN2022-0014 Sagepoint 35-Lot Revised Narrative 10.3.22 30.46 Exhibit 28 - PLN2022-0014 Sagepoint 35-Lot Revised Traffic Memo 30.47 Exhibit 29 - PLN2022-0014 Sagepoint Revised 35-Lot Prelim Plat 30.48 Exhibit 30 - PLN2022-0014 Sagepoint 35 - Lot Notice Of Application And DNS 10-4-2022 30.49 Exhibit 30a - PLN2022-0014 Sagepoint Published 35-Lot Revised Notice Of Application 30.50 Exhibit 31 - PLN2022-0014 Sagepoint 35- Lot DNS 30.51 Exhibit 32 - PLN2022-0014 Sagepoint Bureau Of Reclamation Comment 10-27-2022 30.52 Exhibit 33 - PLN2022-0014 Sagepoint DOE Comments 10-18-2022 30.53 Exhibit 34 - PLN2022-0014 Sagepoint Grant County Treasurer Comments 10-7- 2022 30.54 Exhibit 35 - PLN2022-0014 Sagepoint Parks Comment 10-18-2022 30.55 Exhibit 36 - PLN2022-0014 Sagepoint Pud Comments 10-7-2022 30.56 Exhibit 37 - PLN2022-0014 Grant Co Treasurer Comments 10-7-2022 30.57 Exhibit 38 - PLN2022-0014 Sagepoint Hearing Notice For Paper Rescheduled 11- 8-2022 30.58 Exhibit 39 - PLN2022-0014 Sagepoint Aop 10.7.22 30.59 Exhibit 40 Chris And Marie Molitor Comments 10-25-2022 30.60 Exhibit 41 Tim And Sarah Molitor Sagepoint Comments 10-25-2022 30.61 Exhibit 42 Greg & Micah Hoiland Sagepoint Comments 10-30-2022 30.62 Exhibit 43 Marilyn Molitor CAD Home Development on peninsula 10-25-2022 31. Appearing and testifying on behalf of the Applicant was Sara Prather. Ms. Prathertestified that she was an agent authorized to appear and speak on behalf of the propertyowner and Applicant. Ms. Prather stated that the Applicant agreed with the representations set forth in the staff report and all proposed Conditions of Approval were acceptable. She stated that the Applicant had submitted revisions to the application onOctober 3, 2022. 32. The following members of the public appeared at the hearing: 32.1 Richard Pearce; 32.2 Mitch Molitor; 32.3 Craig Dorsing 32.4 Mark Trimble; 32.5 Blake Wallins; Moses Lake Council Packet 1-24-23, Page 222 of 318 32.6 Joel Goplin; 32.7 Greg Hoiland; 32.8 Drew Scott (on behalf of CAD Homes) 32.9 Tim Molitor. 33 The City of Moses Lake Hearing Examiner considered all evidence within the record in rendering this decision. 34 Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. Section 3. The Sagepoint Landing Planned Development District is located within the R-1 Residential zone. The standard setbacks and/or lot dimensions shall apply unless listed herein. The following approved alternative standards shall be applied: A.A total of thirty-five (35) dwelling units shall be permitted within the development. B.Reduction of the lot size for the single-family attached shall not be less than 1,794Sq Ft. C.Reduction of the lot width for the single-family detached to no less than 40ft and for the single-family attached to no less than 23ft. D.Reduction of the lot depth for the single-family detached to no less than 95ft andfor the single-family attached to no less than 78ft. E.Reduction of the front yard & exterior side yard- garage for the single-familyattached to 20ft front and zero (0) side. F.Reduction of the front yard & exterior side yard- living space for the single- family attached to 15ft front and zero (0) side. G.Reduction of the front yard & exterior side yard - porches, covered entryways, etcfor the single-family attached to 15ft front and zero (0) side. H.Reduction of the interior side yard for the single-family attached to zero (0) side. I.Reduction of the rear yard for the single-family attached to 5ft rear. J.Allowance for flag lots with modified/variable/reduced "poles" for Tract 1, Lot 6,and Lot 7. K.Allowance for irregular lot shape for Lot No. 8. L.The applicant shall provide details regarding treatment of the perimeter of the Planned Development District, including materials and techniques used such as screens, fences, and walls. M.The applicant shall create a Home Owners Association (HOA) for themaintenance of common facilities and areas Moses Lake Council Packet 1-24-23, Page 223 of 318 N.The development shall be constructed essentially as conditioned and presented tothe Hearing Examiner and City Council. Section 4. Drew Scott, CAD Homes LLC or their successor, in interest shall be bound to the uses and modifications specified in this ordinance. Development rights areconferred upon the applicant or applicant’s successor in interest. Section 5. Severability. If any section of this ordinance is found to be unconstitutional orinvalid as written or as applied to any particular person or circumstances, no other section of the ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted independently and without regard to the sectionaffected. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days afterits passage and publication of its summary as provided by law. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on January 24, 2023. _____________________________________ Don Meyers, Mayor ATTEST: ____________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: __________________________________ Katherine L. Kenison, City Attorney Vote: Martinez Swartz Myers Fancher Madewell Eck Hankins Aye Nay Moses Lake Council Packet 1-24-23, Page 224 of 318 Abstain Absent Date Published: January 30, 2023 Date Effective: February 4, 2023 Moses Lake Council Packet 1-24-23, Page 225 of 318 Exhibit A POR TR 45 BATTERY ORCHARD TRACTS (Prelim Sagepoint MP) TAX# 15239 A PARCEL OF LAND LOCATED IN A PORTION OF TRACT 45, BATTERY ORCHARD TRACTS, BX, PX, RECORDS OF GRANT COUNTY, WASHINGTON, AND THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., GRANT COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 4, EWERTS FIRST SHORT PLAT, BOOK 2 OF PLATS, PAGE 58 RECORDS OF SAID GRANT COUNTY; THENCE NORTH 08°58'44" EAST, ALONG THE WEST LINE OF SAID LOT 4, A DISTANCE OF 130.03 FEET TO THE NORTHWEST CORNER OF SAID LOT 4 AND THE NORTH LINE OF SAID TRACT 45; THENCE SOUTH 80°33'46" EAST, THE NORTH LINE OF SAID LOT 4 AND SAID TRACT 45, A DISTANCE OF 107.50 FEET TO THE NORTHEAST CORNER OF SAID LOT 4; THENCE SOUTH 81°05'00" EAST, ALONG THE NORTH LINE OF SAID TRACT 45, A DISTANCE OF 160.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 08°58'44" WEST, A DISTANCE OF 160.00 FEET; THENCE NORTH 81°58'44" WEST, A DISTANCE OF 160.00 FEET TO THE EAST LINE OF SAID EWERT'S FIRST SHORT PLAT; THENCE SOUTH 08°58'44" WEST ALONG SAID EAST LINE, A DISTANCE OF 249.31 FEET TO THE NORTHEAST CORNER OF LOT 1 OF EWERT'S FIRST SHORT PLAT; THENCE SOUTH 81°01'23" EAST, ALONG AN EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 25.00 FEET TO THE NORTHEAST CORNER OF TRACT A AS SHOWN ON RECORD OF SURVEY BOUNDARY LINE ADJUSTMENT, BOOK 48 OF SURVEYS, PAGE 31 AFN 1195807, RECORDS OF GRANT COUNTY; THENCE SOUTH 08°58'44" WEST, ALONG THE EAST LINE OF SAID TRACT A, A DISTANCE OF 89.59 FEET TO THE NORTH LINE OF BLOCK 5, LOOP PLAT, BOOK 6 OF PLATS, PAGE 1, AFN 231602, RECORDS OF SAID GRANT COUNTY; THENCE SOUTH 81°01'39" EAST, ALONG THE NORTH LINE OF SAID BLOCK 5, A DISTANCE OF 458.58 FEET; THENCE SOUTH 81°19'48" EAST, ALONG THE NORTH LINE OF SAID BLOCK 5, A DISTANCE OF 24.47 FEET TO THE SOUTHWEST CORNER OF LOT 2, BLOCK 2, DORSING FIRST SHORT PLAT, BOOK 12 OF SHORT PLATS, PAGE 31, AFN 1103742, RECORDS OF SAID GRANT COUNTY; THENCE NORTH 32°10'00" EAST, ALONG THE WESTERLY LINE OF SAID DORSING FIRST SHORT PLAT, A DISTANCE OF 543.39 FEET TO THE NORTHWEST CORNER OF LOT 1, BLOCK 1, OF SAID DORSING FIRST SHORT PLAT AND THE NORTH LINE OF SAID TRACT 45; THENCE NORTH 81°05'00" WEST, ALONG THE NORTH LINE OF SAID TRACT 45, A DISTANCE OF 562.01 FEET TO THE TRUE POINT OF BEGINNING. 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The plan is dependent on identifying the water source that will support growth for the upcoming planning period. Based on the 2012 Ground Water Management Area Study, and the recent update by the Washington Potato Commission, the city's aquifer is nearing exhaustion and nearly 90% of the city's source is dependent on the deep aquifer. As a result, staff contracted with Dr. Kevin Lindsey to update the data for the City from the 2012 plan. City Council is encouraged to thoroughly read these studies in order to understand the existing science around this issue. In the interim, the city needs to take significant steps in order to stem the use of the aquifer. An interim ordinance has been suggested to provide staff with time to develop certainty around future water source. The interim ordinance has suggested the following for the next six months: Interim Emergency Ordinance No new extension or provision of water service in the UGA for 6-months Identify and assess viable supply solutions – (Ecology, CBGWA, SWC)) Setting of a 60% conservation goal – 5-year period Removal of city dependence on potable water – parks, open spaces, etc. “Heritage Garden” design at City Hall with interpretive signage Targeting “easy wins” to access lake water for some city parks Public Outreach and Education Complete update to 2012 Muni-Study Following the six month period, the following would take place: Complete City Water System Comprehensive Plan – Supply and Ops priorities Code Updates Landscaping / Community Design Standards – Streetscaping, planter strips, etc. Assessing viability of current Retail Service Area Annexaon analysis A number of stakeholder meetings have taken place and staff would like to have this opportunity for discussion with City Council in regard to next steps. The discussion will provide staff with policy direction. Options and Results Discussion Staff will bring back implementation tools related to policy direction Staff will take City Council input into consideration for future actions. Moses Lake Council Packet 1-24-23, Page 256 of 318 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Allison Williams, City Manager 9483 Rich Huebner, Assistant City Manager Administration 1/24/2023 New Business Airport Commission Recommended Land Leases City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ Move to maintain the current Moses Lake Municipal Airport non-commercial lease terms, and direct staff to conduct a comparative market analysis of municipal airport lease rates. Airport Commission Proposed Lease 2023.pdf 1.3MB Moses Lake Council Packet 1-24-23, Page 257 of 318 Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: At its October 20, 2022 meeting, the Moses Lake Municipal Airport Commission voted unanimously to submit a new recommended non-commercial lease to the City Manager and City Council for review and consideration of ratification. Upon review of the recommended lease, staff identified two areas of concern: 1. The annual rate increase, while still tied to the September to September West Coast-B/C All Urban Consumer Price Index (CPI), would include a not to exceed amount of 3%. For comparison, the current CPI is 8.3%. Additionally, a 5% discount would be applied to all leaseholders that made payment by January 31. 2. The insurance section removes requirements for property and automobile insurance, and removes the requirement that aircraft exclusions be deleted from liability insurance coverage. If enacted, the proposed adjustments to the annual rate increase would result in a shortfall of 2023 projected revenue of between $2,000 and $3,500, depending on the number of lessees that received the 5% discount. This shortfall would require a budget amendment in the Airport Fund to identify corresponding expense reductions. These terms would result in a shortfall from potential revenue each subsequent year, and would introduce a level of uncertainty in the budgeting process due to Finance staff not knowing how many lessees each year would take advantage of the 5% discount. Eliminating the requirements for property and automobile insurance, as well as the elimination of the "aircraft exclusions deleted" requirement would be a deviation from Washington Cities Insurance Authority (WCIA) recommendations, and result in increased liability risk for the City. In conducting the fiscal analysis of the proposed lease, staff also reviewed the current lease rates, and recommends a market analysis to determine if the rates are representative of market value. In governmental accounting, one fund cannot benefit another. Thus, as detailed above, if a new airport lease is enacted which includes cost savings for the lessees, corresponding budget reductions will need to be enacted or new revenue sources identified to balance the airport fund. Options and Results Approve the Airport Commission's recommended non-commercial lease as presented. Staff will bring back options for recommended changes. The current lease terms and rates will remain in effect until subsequent action by the City Council. Moses Lake Council Packet 1-24-23, Page 258 of 318 Moses Lake Council Packet 1-24-23, Page 259 of 318 Moses Lake Council Packet 1-24-23, Page 260 of 318 Moses Lake Council Packet 1-24-23, Page 261 of 318 Moses Lake Council Packet 1-24-23, Page 262 of 318 Moses Lake Council Packet 1-24-23, Page 263 of 318 Moses Lake Council Packet 1-24-23, Page 264 of 318 Moses Lake Council Packet 1-24-23, Page 265 of 318 Moses Lake Council Packet 1-24-23, Page 266 of 318 Moses Lake Council Packet 1-24-23, Page 267 of 318 Moses Lake Council Packet 1-24-23, Page 268 of 318 Moses Lake Council Packet 1-24-23, Page 269 of 318 Moses Lake Council Packet 1-24-23, Page 270 of 318 Moses Lake Council Packet 1-24-23, Page 271 of 318 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Allison Williams, City Manager 9508 Rich Huebner, Assistant City Manager Administration 1/24/2023 Administrative Reports PRR Inc Consultant Contract City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 100,000.00$100,000.00$0.00$ No action requested, informational only PRR - Bellevue Watershed Management Plan.pdf 989.01KB PRR - Bellevue Watershed Management Plan Flyer.pdf 380.9KB PRR - Water Communications Services and SOQ.pdf 11.09MB City staff recognize the importance of accurately conveying to our residents and business community information related to the depleting aquifer, and the City's efforts related to water quality and transition to shallow and/or lake water usage. To ensure that information is conveyed accurately, timely, and in alternate languages for residents with limited English proficiency, staff sought a consultant firm with experience with this type of subject matter. PRR Communications, Marketing, and Research was vetted and selected to fulfill this function. PRR has extensive experience in environmental consulting, with a specialty related to water. The firm has assisted clients in Washington, Texas and Virginia with community relations and strategic planning related to water, including development of a Watershed Management Plan for the City of Bellevue. City staff is currently finalizing a contract with PRR, for an amount not to exceed $100,000, to support the City in this important effort. The work is separated into two phases. Phase 1 will include Discovery and Planning, with a budget not to exceed $20,000. The contract will include an option for the City Manager to exercise for Phase 2, which will include implementation, with a budget not to exceed $80,000. The full value of the contract is within the City Manager's authority to execute. Attached for reference is the Bellevue Watershed Management Plan (referenced above), as well as a flyer developed by PRR for the Bellevue WMP, and an outline of PRR's Water Communications Services. Moses Lake Council Packet 1-24-23, Page 272 of 318 Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Funds are included in the 2023 budget, and the contract amount is within the City Manager's authority to execute. Options and Results N/A N/A N/A Moses Lake Council Packet 1-24-23, Page 273 of 318 As our city grows, we need to act to protect our waterways. The City of Bellevue is developing a 20-year Watershed Management Plan. Known as Our Streams, Our Future, the plan will recommend actions to improve the health of our streams for people and wildlife. Help us plan for healthier streams Bellevue’s landscape has changed dramatically in the past 150 years, from forests and farmland to a bustling city. Growing our thriving communities has affected the health of our waterways and the fish and wildlife who call them home. More pollution enters our streams from stormwater. Stormwater is rainwater that runs off hard surfaces like rooftops, paved streets, highways, and parking lots. When rain falls over these surfaces, it picks up pollutants like fertilizers, soap, oil, and dirt. This polluted stormwater flows into storm drains and can harm streams, lakes and wetlands. Natural surfaces filter water and help prevent stormwater from entering streams. Too much stormwater running into streams from hard surfaces, even if it’s not carrying pollution, can erode stream banks and harm fish and wildlife habitat. What happens in our watersheds impacts the water quality and habitat conditions of Lake Sammamish and Lake Washington, and ultimately, our Puget Sound. How do our actions impact our watersheds? Did you know? A watershed is an area of land that drains to a body of water that includes streams, lakes, and wetlands. Moses Lake Council Packet 1-24-23, Page 274 of 318 What actions will the plan recommend? The Watershed Management Plan will recommend actions for the City in four categories. Projects, such as controlling and treating rainwater runoff from city streets before it gets into streams. Programs, like helping people who live near streams to better care for them and removing barriers so fish can move easily through our streams. Policies or regulations, such as incentives for developers or homeowners to build facilities to clean runoff before it gets into streams. Enhanced maintenance, like more street sweeping to prevent pollutants from entering streams. Get involved and make an impact on our stream health Here are some ways you can help us develop an effective plan to improve our streams now and in the future: Visit the Engaging Bellevue website: EngagingBellevue.com/watershed-management Watch our video to learn more and find out how you can help shape the plan. Take our short survey by Aug. 30 to help us plan for healthier streams. Learn more about upcoming events and sign up for email updates. For alternate formats, interpreters, or reasonable accommodation requests, please phone at least 48 hours in advance 425-452-5215 (voice) or email jguthrie@bellevuewa.gov. For complaints regarding accommodations, contact City of Bellevue ADA/Title VI Administrator at 425-452-6168 (voice). If you are deaf or hard of hearing, dial 711. All meetings are wheelchair accessible. Contact watershedplan@bellevuewa.gov What’s happening next? •Summer 2021: Learn about the plan and take our survey. •Summer 2022: Review draft plan elements and give input on priorities for the City’s investments. Did you know? Bellevue has more than 80 miles of streams that are home to salmon and many other types of fish and wildlife. Moses Lake Council Packet 1-24-23, Page 275 of 318 1 Bellevue Watershed Management Plan Community Engagement Summary Phase 1 Prepared for Bellevue Utilities Last updated: January 4, 2022 Moses Lake Council Packet 1-24-23, Page 276 of 318 2 Table of Contents BELLEVUE WATERSHED MANAGEMENT PLAN COMMUNITY ENGAGEMENT SUMMARY .......... 1 BACKGROUND ....................................................................................................................... 3 Introduction ............................................................................................... Error! Bookmark not defined. Project background .................................................................................... Error! Bookmark not defined. COMMUNITY ENGAGEMENT SUMMARY ................................................................................ 3 Goals .......................................................................................................... Error! Bookmark not defined. Priority audiences ..................................................................................................................................... 4 Community engagement approach .......................................................................................................... 4 Getting the word out……………………………………………………………………………………………………………………………7 Key takeaways .......................................................................................................................................... 7 Next steps ................................................................................................................................................. 7 APPENDIX.............................................................................................................................. 8 Appendix 1: Community contacts Appendix 2: Community briefing summary Appendix 3: Survey report Appendix 4: Notification materials Moses Lake Council Packet 1-24-23, Page 277 of 318 3 Background Introduction This summary describes the City of Bellevue’s community engagement approaches, activities and feedback gathered during the first round of engagement for the Watershed Management Plan during the period of July 22 to September 30, 2021. Project background The City of Bellevue is developing a 20-year Watershed Management Plan. Known as Our Streams, Our Future, the plan will recommend actions to improve the health of Bellevue’s streams for people and wildlife. Bellevue’s landscape has changed dramatically in the past 150 years, from forests and farmland to a bustling city. Growing our thriving communities has affected the health of our waterways and the fish and wildlife who call them home. This plan will be developed using community priorities and outline where the City will invest in stream health in the coming decades, so it is critical that the community help inform the plan. The City began engaging Bellevue residents in mid-2020 to build awareness, garner support, and gather input on community values. The graphic below outlines plan milestones and opportunities for community engagement. Community engagement summary Goals The City is leading a two-phase community engagement process centered around these goals: •Share easy-to-understand information about why Bellevue needs to plan for healthier streams •Listen to and reflect community values and priorities early in the planning process •Report back to the community and explaining how the City reflected their input in the plan 2021 2022 Gather input on community values Share draft plan and gather input on community priorities. Assess stream health Complete plan Draft plan Consider community values and prioritize watersheds Moses Lake Council Packet 1-24-23, Page 278 of 318 4 •Conduct an inclusive engagement process that centers the voices of people who have historically been underserved or underrepresented in planning for public infrastructure projects Priority audiences During this first round of engagement, the City prioritized engaging the following audiences: •Community-based organizations representing people with disabilities, youth and families, people experiencing homelessness, people who are immigrants and refugees, people who use languages other than English, people with low household incomes and people older than 65 years old. •People historically underserved, especially people who use Chinese, Korean, Russian, Spanish and Vietnamese. •People who live near streams •Businesses, developers and major employers, including Bellevue Chamber, Master Builders Association. and Bellevue Downtown Association •Environmental advocacy groups Community engagement approach The City of Bellevue is prioritizing engaging people who have been historically underrepresented or overlooked in planning public infrastructure projects. For this planning effort, we are defining historically underrepresented populations to include people who have low incomes; community members who use languages other than English; people who are Black, people who are Indigenous and people of color; people with disabilities; and seniors. As we continue developing the WMP, we will focus on meeting people where they are at—through engaging community-based organizations (CBOs), creating accessible opportunities for folks to engage and sharing information in the places people are most likely to visit—all while following local guidance on social distancing during the COVID-19 pandemic. The engagement approach for this phase included the following activities. Reached out to 48 CBOs Translated materials into 5 languages Posted flyers at 40 locations 312 surveys completed 782 Engaging Bellevue visitors Moses Lake Council Packet 1-24-23, Page 279 of 318 5 •Awareness campaign: To build community understanding and support for the plan, the City’s engagement team first created a project brand, including the tagline “Our Streams, our Future”, and logo to use on all project materials. The team developed and translated materials into simplified Chinese, Korean, Russian, Spanish and Vietnamese to inform the public, introduce the WMP and highlight upcoming opportunities to influence the plan. •Survey: The project team developed an online survey to gather input on community values, current use of streams, communications preferences and priorities to inform plan development. The survey was available in simplified Chinese, English, Korean, Russian, Spanish and Vietnamese. A total of 312 people responded to the online survey between July 22 and September 30, 2021. •Video: To explain what a watershed is and how the plan will help Bellevue invest in healthier streams and waterways, the project team created a short video. The video included translated subtitles in simplified Chinese, Korean, Russian, Spanish and Vietnamese to reach a diverse audience. The video was shared on the City’s website and social media outlets and has been viewed 650 times. •Online open house: The City hosted an online open house on engagingbellevue.com to introduce the plan, direct community members to the video to learn more and encourage users to take the survey to share input on how they use Bellevue’s waterways and their values related to clean water. A total of 782 people visited the site, including 687 in English; 12 in Russian; 16 in Chinese; 36 in Spanish; 10 in Korean; and 21 in Vietnamese. •Community briefing: City staff invited 29 community partners to a briefing on Monday, July 26, to learn about the plan, ask questions, offer feedback and learn about ways to get involved and provide input. The community briefing introduced the Watershed Management Plan to attendees and provided information about how community-based organizations, environmental advocacy groups and neighborhood associations could help share information with their communities. •Community partner engagement: The City of Bellevue is working to build meaningful long-term relationships with community-based organizations serving priority audiences. The project team engaged CBOs to introduce the plan and opportunities to get involved. We provided a toolkit of information in multiple languages to share with people they serve and represent. These conversations also helped the project team confirm languages spoken in the project area and better understand effective ways to engage priority audiences. Moses Lake Council Packet 1-24-23, Page 280 of 318 6 •In-language outreach: To reach people who use languages other than English, the project team created materials in the top five languages most commonly used in the City of Bellevue: simplified Chinese, Korean, Russian, Spanish and Vietnamese. We worked with language services specialists to spread the word about opportunities to engage within these local communities by posting flyers, sharing information on social media and attending community events. Language specialists then conducted outreach at locations specific to the language groups they represent, which allowed our team to have meaningful interactions with community members and business representatives who use languages other than English. As a result of this outreach, 10 people responded to the survey in languages other than English. Moses Lake Council Packet 1-24-23, Page 281 of 318 7 Getting the word out The City used the following channels to spread the word about the project and opportunities to provide feedback. •Flyers in multiple languages in parks and culturally specific community gathering locations and businesses throughout Bellevue •Article in city-wide It’s Your City newsletter •News release on City website •Emails to community partners, neighborhood associations, advocacy groups, business organizations and streamside property owners •Information posted on City website •Social media announcements in multiple languages Key takeaways Partnership development takes time. Through conversations with representatives from community-based organizations, the team learned more about the importance of taking time to build trust and mutual understanding with organizations before asking for their support. Many CBOs have limited time, staff and financial resources, and have little capacity to support efforts outside of their mission. Some CBOs are operated by volunteers, and many CBOs are experiencing the high employee turnover that has recently hit all industries and sectors. The team was able to take in this new information and extend the survey and focus on long-term relationship building efforts with CBOs. Survey respondents still overrepresented homeowners (80% in the survey compared to 56% in Bellevue), women (58% in the survey compared to 51% in Bellevue), and people who are older (55 years old compared to a median age of 47 in Bellevue). These results reflect the importance of continued investment in City led efforts to engage people historically underrepresented in planning for public infrastructure. Long-term efforts will support not only the Bellevue Watershed Management Plan, but other Bellevue Utilities projects as well. Residents recognize the value of the watershed. When asked what they most value about the streams, lakes, and wetlands in Bellevue, most survey respondents chose crucial to the local ecosystem (85%), wildlife habitat (79%), connect with nature (75%), and natural beauty (66%). Items that were more for the benefit of or physical use by humans were less popular, including important to our health (50%), public access/use (28%), and recreation (27%). The least popular items addressed less physical values: connects us to our past, our ancestors, and the Indigenous peoples of the land (16%) and connect with religion or spirituality (4%). Moses Lake Council Packet 1-24-23, Page 282 of 318 8 The most popular activities in the watershed are near or around the water, not on or in the water. When asked how they or other people in their household use or enjoy the waterways in Bellevue, the most popular survey responses were: recreational activities near the water (walking, running, hiking, biking, etc.) (79%), enjoying views of the water (76%), birdwatching (51%) and enjoying the beach (44%). The next most popular ways to enjoy the water were on or in the water: boating, kayaking, and stand up paddle boarding or other recreation on the water (40%) and swimming (24%). Current messages about the WMP resonate with many residents. Through the survey, we tested seven messages about why Bellevue needs a plan for healthier streams and between 68% and 89% of respondents said that each message mattered. Next steps The project team is finalizing stream assessments and will consider community values in prioritizing watersheds for investment. We will use community input to develop the draft plan and will report back to the community in mid-late 2022 and gather input on priorities for the plan. The City expects to publish the final plan by the end of 2022. Moses Lake Council Packet 1-24-23, Page 283 of 318 9 Appendix 1: Community contacts Organization Contact information A Regional Coalition for Housing (ARCH) rrodriguez@bellevuewa.gov (425) 861-3677 Adopt-a-Stream Foundation tomm@streamkeeper.org (425) 316-8592 Asian Counseling and Referral Service (ACRS) info@acrs.org (206) 695-7600 Bellevue Art Museum megang@bellevuearts.org (425) 861-3677 Bellevue Boys & Girls Club njackson@bgcbellevue.org Bellevue Children’s Museum lauren@kidsquestmuseum.org (425) 637-8100 Bellevue Family YMCA hsiegelsawma@seattleymca.org (425) 746-9900 Bellevue Issaquah Trout Unlimited 3riverstu@gmail.com Bellevue Library locations: Bellevue, Crossroads, Lake Hills, and Newport Way servicefirst@bellevuewa.gov Bellevue LifeSpring info@bellevuelifespring.org (425) 451-1175 Catholic Community Services – New Bethlehem Center info@nbpshelter.org (425) 679-0350 Centro Cultural Mexicano angie@centroculturalmexicano.org (425) 896-7067 Chinese Information Services Center (CISC) – Bellevue info@cisc-seattle.org (206) 420-9616 Complete Streets Bellevue crandels@cs-bellevue.org Crossroads Community Center ccc@bellevuewa.gov (425) 452-4874 Earth Ministry jessica@earthministry.org (206) 632-2426 Eastside Audubon executivedirector@eastsideaudubon.org (425) 576-8805 Eastside for All info@eastsideforall.org Eastside Legal Assistance Program chris@elap.org (425) 747-7274 Forterra aahmed@forterra.org (206) 292-5907 Highland Community Center KIndurkar@bellevuewa.gov (425) 452-7686 Hopelink (425) 869-6000 Islamic Center of Eastside board@eastsidemosque.com (425) 746-0398 Jewish Family Service: Refugee & Immigrant Services Center contactus@jfsseattle.org (425) 643-2221 Moses Lake Council Packet 1-24-23, Page 284 of 318 10 Organization Contact information Jubilee Reach theresal@jubileereach.org (425) 746-0506 Kokanee Work Group Perry.falcone@kingcounty.gov (206) 477-4689 Mercer Slough mseec@bellevuewa.gov (425) 452-2565 North Bellevue Community & Senior Center nbcc@bellevuewa.gov (425) 452-7681 People for Climate Action bellevue@peopleforclimateaction.org Rental Housing Association of Washington office@rhawa.org (206) 283-0816 Soar Makyla@soarkc.org (206) 336-6937 South Bellevue Community Center sbcc@bellevuewa.gov (425) 452-4240 Tenants Union (206) 283-0816 Youth Eastside Services jackieb@youtheastsideservices.org Moses Lake Council Packet 1-24-23, Page 285 of 318 11 Appendix 2: Community briefing summary City of Bellevue Watershed Management Plan Community Briefing Summary Overview The City of Bellevue is developing a city-wide Watershed Management Plan to identify and prioritize actions the City can take to improve the health of Bellevue’s streams over the next 20 years. This plan will inform where the city will invest in stream health in the coming decades, so it is critical that community priorities help inform the plan. The final plan will include strategies for improving the health of Bellevue’s streams through capital projects, education or inspection programs, data collection and monitoring, updated maintenance practices, policy changes or new regulations. The City of Bellevue invited community-based organizations, environmental advocacy groups, and neighborhood and homeowners’ associations to a virtual community briefing to introduce the WMP, explain why the City needs to invest in healthier streams now, and encourage community involvement in the planning process. Advanced notification The outreach team invited community-based organizations representing people who have historically been underrepresented in public processes, environmental advocacy groups, and neighborhood associations/HOAs throughout the city by phone and email. The City invited community-based organizations representing people with low incomes, people who use languages other than English, and people who are Black, Indigenous, and people of color. Briefing details The City held the community briefing on Monday, July 26, 2021, from 6:30-7:30 p.m. via Zoom. There were seven people registered to attend the briefing, and four guests attended the briefing. Project team attendees: •Jerry Shuster, Senior Stormwater Engineer, City of Bellevue •Christa Heller, Environmental Scientist, City of Bellevue •Brian Landau, Utilities System Planning Manager, City of Bellevue •Laura LaBissoniere Miller, Facilitator, PRR •Hayley Nolan, Notetaker, PRR Briefing attendees: •Jeremy Lucas, Eastside Audubon •Claire Waltman, Eastside Audubon •Ryan Walker, City of Bellevue •Laurie Devereaux, City of Bellevue Laura LaBissoniere Miller, facilitator, welcomed attendees and facilitated project team introductions. To open the meeting, Brian Landau, Utilities System Planning Manager, gave a tribal land acknowledgement honoring the indigenous Coast Salish peoples. Laura then shared the Watershed Management Plan video and reviewed Zoom participation details. The project team posed two Moses Lake Council Packet 1-24-23, Page 286 of 318 12 questions to participants: what organization or agency are you representing? What do you think of when you think of ‘stream’? Attendees responded with, ‘peaceful,’ and ‘lifeblood.’ Brian reviewed the meeting objectives, including introducing the plan, explaining why the City needs to invest in healthier streams now, and encouraging community involvement in developing the plan. Brian then introduced the Watershed Management Plan and how it will recommend actions to improve the health of Bellevue’s streams for people, migrating salmon, fish and other wildlife. Christa Heller, Environmental Scientist, shared information about the City’s current Stream Habitat Assessment and how evaluating stream health helps find opportunities to improve habitat for fish and wildlife. Jerry Shuster, Senior Stormwater Engineer, showed Bellevue’s watersheds and explained how Bellevue has changed over time and why we need to create a plan to improve stream health. He explained the four areas of recommended actions: projects, programs, policies or regulations, and maintenance practices. Jerry provided a review of the timeline and how the City wants to hear from community members now to better understand community values around stream health, and again next year to gather input on priorities for the plan. The team closed out the briefing by sharing the City’s engagement goals and emphasizing the importance of hearing from all Bellevue residents, specifically those who have been historically underrepresented in large infrastructure projects like this. During the briefing, the team held two question and answer sessions. Briefing attendees asked the following questions: •Will the plan include restoration activities to increase salmon habitat areas within the city? •Is the stream evaluation report available? •Does the Coal Creek Assessment factor in the large development project proposed near Cougar Mountain? •Can you give us a rough idea of the health of our streams currently? •Will the plan include land acquisition that would expand city-owned property? Will the City consider setting land aside for conservation, hiking activities, parks, etc. Next steps The community briefing introduced the Watershed Management Plan to attendees and provided information about how community-based organizations, environmental advocacy groups, and neighborhood associations/HOAs could help share information with their communities. The team invited attendees to spread awareness about the Plan by sharing the survey – through August 30, 2021 – and video. The outreach team plans to focus community engagement efforts on community-based organizations and environmental advocacy groups that have expressed interest in learning more about the Watershed Management Plan. The team will continue promoting the survey through phone calls, emails, and dropping off flyers (available in English, Vietnamese, Spanish, simplified Chinese, Korean, and Russian) at community locations throughout Bellevue. Moses Lake Council Packet 1-24-23, Page 287 of 318 13 The project team will consider community input as they develop the Watershed Management Plan. The team will report back to the community with a draft plan in 2022. Appendix 3: Survey report The City received 302 survey responses in English, five in Simplified Chinese, four in Vietnamese and one response in Spanish, for a total of 312 responses. Q2. Respondents most value that streams, lakes and wetlands are crucial to the local ecosystem (85%), as wildlife habitat (79%), as a place to connect with nature (75%), and for their natural beauty (66%). Moses Lake Council Packet 1-24-23, Page 288 of 318 14 Q3. Respondents interact with most with waterways in the Kelsey Creek Watershed (38%) and the least in the Coal Creek Watershed (14%). Nine respondents (3%) reported interacting most often with streams, lakes and waterways outside of Bellevue. 25% 20% 14% 38% Moses Lake Council Packet 1-24-23, Page 289 of 318 15 Q4. The most popular activities reported by respondents were recreational activities near the water (79%) and enjoying views of the water (76%). The least popular were fishing (7%) and spiritual activities (14%). Moses Lake Council Packet 1-24-23, Page 290 of 318 16 Q5. There are many reasons why Bellevue needs a plan for healthier streams. The following messages received strong support from respondents. 89% Protecting the health of our waterways and the fish and wildlife who call them home from the effects of growth and development. 88% Protecting our storm system from pollutants that result from human activity. 82% Protecting the vital habitat of Bellevue’s migrating salmon and resident fish and wildlife. 82% Preventing negative impacts to the water quality and habitat conditions of our connected waterways. 81% Keeping our waterways healthy for future generations. 78% Reducing excessive stormwater runoff that can erode stream banks and harm fish and wildlife habitat. 68% Preserving Bellevue’s lakes, streams and wetlands for residents and visitors to enjoy for their beauty and for recreation. Moses Lake Council Packet 1-24-23, Page 291 of 318 17 Q7 Most respondents prefer to receive information about Bellevue’s Watershed Management plan by email (60%). Other includes information from friends, Reddit and taking a more active role in WMP activities. Moses Lake Council Packet 1-24-23, Page 292 of 318 18 Q8. Survey participants provided thoughtful responses when asked for recommendations for community-based organizations and groups to include in outreach and engagement efforts as the plan is developed. 119 participants provided 224 referral sources and of these, 26 organizations were mentioned several times. Below are the top organizations identified: •Environmental organizations such as the Audubon Society; Bellevue Master Naturalists; Bellevue Stream Team; Friends of Lake Sammamish; Issaquah Alps Trail Club; Lake Sammamish Kokanee Work Troup; People for Climate Action; Puget Soundkeeper Alliance; Save Coal Creek; Sierra Club; The Nature Conservancy; Three Rivers Trout unlimited; Washington Native Plant Society; Washington Ornithological Society; Washington Trails Association; Washington Safe Shoreline Association; and Washington Sensible Shoreline Association •Community based organizations including Jubilee Reach and YMCA •Other advocacy groups including Cascade Bike Club •Business groups like Master Builders Association, and Small Business Association •Local schools and universities clubs, programs, and classes •Neighborhood and Homeowners Associations like Newport Hills Association; Wilburton Community Association •Local tribes including the Snoqualmie Tribe Demographic Portrait The genders of survey participants was different from the City population. Females in the survey were overrepresented (58%) and males were underrepresented (42%) relative to the percent of Bellevue residents who are female and male (51% and 49% respectively, according to the 2019 American Community Survey). * The American Community Survey asks only if people identify as male or female and does not include other genders. 49% 51% 1.10% 41% 58% 0%10%20%30%40%50%60%70% Gender(s) not listed Male Female Gender Survey City of Bellevue Commented [LLM1]: Jerry, we could also include an appendix with all organizations identified. Moses Lake Council Packet 1-24-23, Page 293 of 318 19 Most survey participants (90%) speak English at home. Respondents speak at least 14 other languages at home, either as their primary language or in addition to another language. 1 The data in this chart are comprised of counts, not percentages. 2 The three languages identified in this language group included Hindi, Kannada, and Narathi. 0.5 1 1 1 2 3 3 3 3 3 5 7 0 1 2 3 4 5 6 7 8 Korean Italian Serbian Polish Hebrew Spanish Russian Vietnamese Indo-European2 German French Chinese Languages Other than English Spoken at Home1 Moses Lake Council Packet 1-24-23, Page 294 of 318 20 The linguistic diversity of Bellevue was not reflected in the responses of those who completed the survey. While 42% of people in Bellevue use languages other than or in addition to English, only 10% of our survey respondents use languages other than, or in addition to, English. 1% 3% 5% 12% 1% 1% 0.5% 2% Vietnamese Russian Spanish Chinese Linguistic Diversity Survey City of Bellevue Moses Lake Council Packet 1-24-23, Page 295 of 318 21 The median age of survey participants was 54.8 compared to 46.5 for adults 18+ in the City of Bellevue, a difference in nearly nine years. The differences are also evident across age categories. The comparative bar chart shown here directly compares the survey age ranges to City of Bellevue residents. The 35-44 and 45-54 age categories are similar, indicating we heard from a representative group of respondents in those age ranges. From the age of 55 and up, the survey group is older than the City group by several years, and conversely does not include enough participants who are 18-24 or 25-34. Moses Lake Council Packet 1-24-23, Page 296 of 318 22 Survey Respondents are much more likely to own their homes (80%) compared to the larger Bellevue community (58%). Survey respondents have lived in Bellevue for a median of 13 years. More than three quarters of survey participants own their home. 42% 58% 19% 80% 0%10%20%30%40%50%60%70%80%90% Renter Occupied Owner Occupied Homeownership Survey City of Bellevue Moses Lake Council Packet 1-24-23, Page 297 of 318 23 The median income reported by survey participants was approximately $141,025 compared to $120,456 for the City of Bellevue. Among those who completed the survey, nearly half report incomes at or above 100,000 per year. Roughly 5% reported incomes less than $50,000. 22.4% 25% 21.5% 5.4% $200,000 or more $100,000 to $199,999 $50,000 to $99,999 Less than $50,000 Reported Household Income 2020 Moses Lake Council Packet 1-24-23, Page 298 of 318 24 78% of those who completed the survey identified their race and ethnic background as white alone, as opposed to 44% for the general population of Bellevue. Nearly 5% of survey participants identified with something other than the categories provided. •American Indian or Alaska Native and White (6) •Asian or Asian American and White (7) •Black or African American, Asian or Asian American, and White (3) •Hispanic or Latino/Latina and White (2) •Native Hawaiian or Pacific Islander, Asian or Asian American, Black or African American, and White (1) •Asian or Asian American, Black or African American, Hispanic or Latino/Latina, Native Hawaiian or Pacific Islander, and White (1) 5% 1% 1% 3% 7% 41% 44% 7% 1% 2% 2% 2% 13% 74% Other Native Hawaiian or Pacific Islander American Indian or Alaska Native Black or African American Hispanic or Latino/Latina Asian or Asian American White Race/Ethnicity Survey City of Bellevue Moses Lake Council Packet 1-24-23, Page 299 of 318 25 Appendix 4: Notification materials Project fact sheet, available in English, Korean, Russian, simplified Chinese, Spanish, and Vietnamese. Moses Lake Council Packet 1-24-23, Page 300 of 318 26 Project community flyer (shown here in Korean), available in English, Korean, Russian, simplified Chinese, Spanish, and Vietnamese. Moses Lake Council Packet 1-24-23, Page 301 of 318 27 Project social media flyer, available in English, Korean, Russian, simplified Chinese, Spanish, and Vietnamese. Moses Lake Council Packet 1-24-23, Page 302 of 318 SEATTLE | WASHINGTON, D.C. | BALTIMORE Water Communications Services prrbiz.com 1501 Fourth Ave., Ste. 550, Seattle, Washington 98101 Moses Lake Council Packet 1-24-23, Page 303 of 318 Market Research Community Engagement Policy and Planning Marketing Media Relations Graphics Web/Digital Video About PRR PRR merges sound research, incisive strategy, sensitive public outreach, marketing and media savvy, and high-impact creative services to help clients achieve goals and solve problems. Our team is nationally recognized for the ability to generate consensus around volatile public issues, building partnerships between communities and public agencies to develop and implement solutions that work for the real world. Founded in 1981, we have 90 award-winning staff serving public agency and private clients across the U.S. Our staff is accustomed to co-locating with our project teams to provide on-site communications for major infrastructure projects. PRR is certified by the USDOT and the states of Washington, California, Colorado, Georgia, Maryland, Oregon, Texas, Virginia, and Washington, D.C. as a Minority, Women’s Business Enterprise (MWBE) or Disadvantaged Business Enterprise (DBE). PRR’s Multi-Disciplinary Approach PRR offers a full toolbox of services to ensure effective and on-going communication with the public. This includes public opinion research, marketing, media relations, public involvement, community outreach, and information architecture as a way to visually communicate complex ideas and technical information in clear and concise terms. We also specialize in engaging historically-underserved populations, including people who are low-income and people who are limited English proficient. Moses Lake Council Packet 1-24-23, Page 304 of 318 PRR’s experienced communicators will develop a strategic outreach program that supports on-time, on-budget project delivery. Educate and inspire behavior change. PRR pioneered social marketing. We leverage market research to develop motivating and emotionally compelling messaging that reaches the target audience at the right time and right place. We know that to change behaviors, the messages must present a benefit to the individual, their families, their communities, and their values. Reach out to hard-to-reach communities. PRR specializes in finding effective ways to engage with hard-to-reach audiences, ranging from out-of-towners visiting a popular tourist destination to project neighbors that include minority, low income, mobility limited, and limited English proficient communities. Our in- house language services team provides translation and in-language outreach that allows our clients reach these audiences in culturally meaningful ways. Use the media before they use you. PRR is adept at working with print and online media, and will look for opportunities to publicize projects or education campaigns at strategic times. We have media buyers skilled at purchasing ads with print and online publications to meet project requirements. We’ve managed communications on water infrastructure projects around the country. We understand the unique issues agencies face when bringing water projects into neighborhoods. Our team members work closely with project owners and engineering teams to develop engagement plans that seek early buy-in from key stakeholders and develop allies in the project area to keep things moving smoothly. RELEVANT CLIENTS Alderwood Water and Wastewater Bellevue Public Utilities City of Alexandria City of Bend City of Tacoma City of Virginia Beach Clean Water Partnership Corvias Solutions District Department of Transportation Hampton Roads Sanitation District Commission King County Wastewater Treatment Division Kittitas County Public Works Northern Virginia Regional Commission Pierce County Public Works San Antonio River Authority Seattle Public Utilities Tacoma Water U.S. Environmental Protection Agency Water Environment of Texas Moses Lake Council Packet 1-24-23, Page 305 of 318 4 PRR — Water Communication Services King County constructed roadside rain gardens in the Sunrise Heights and Westwood neighborhoods of West Seattle to control combined sewer overflows (CSOs) into Puget Sound at the Barton Pump Station. PRR supported community relations during project siting, design, and construction, advising King County on strategic communications; developing project materials; coordinating and staffing public meetings, door-to-door outreach, and events; and managing the project’s comment database. Our community relations work was particularly important because of early opposition to the project. PRR provided intensive, direct outreach to each resident and property owner in the affected area. The objective was to ensure that each person understood the sewage overflow problem and how roadside rain gardens would provide a solution, and engage them in the decision-making process. When people raised concerns about whether the rain gardens would work, King County and PRR developed messaging and materials to walk people through the geotechnical results and show them how the designs would ensure the rain gardens worked properly. When people raised concerns about safety, King County and PRR developed messaging to address their concerns and correct any misinformation. When people raised concerns about loss of parking, King County and PRR worked with the project team to modify designs to minimize or avoid parking loss. When it came time to transplant trees to make room for swales, King County and PRR developed fun materials about transplanting and worked directly with neighbors to ensure that healthy trees could be relocated to people’s yards. Early into construction, there were an unusual number of schedule changes due to weather and other factors. We realized that it would be next to impossible to distribute notifications to every homeowner at every schedule change, and we were concerned about the environmental impacts of repeated paper notifications in plastic bags. To cut down on waste and make outreach more efficient, we drafted longer construction look-ahead notifications without dates and posted more specific weekly construction updates to the project website to keep the neighborhood up to date. Barton CSO Control Project King County Wastewater Treatment Division Moses Lake Council Packet 1-24-23, Page 306 of 318 King County constructed a new CSO control facility in Magnolia. The 1.5-million gallon underground tank temporarily stores excess flows of stormwater and sewage when heavy rains fill pipes, reducing untreated overflows to Puget Sound. A second component of this facility is a new 3,000-foot gravity sewer pipeline installed from 32nd Avenue West below Magnolia Bluff that will transfer excess flows to the new CSO control facility on 23rd Avenue West in the Smith Cove area. PRR provided community relations support to King County during the construction process. This work included creating and distributing construction notifications, web site updates, and project newsletters. PRR also maintained the communications database; managed community outreach logistics; and produced media summaries, mailings, and photo/video documentation. South Magnolia CSO Control Project King County Wastewater Treatment Division King County hired PRR to engage South Park stakeholders during alternatives analysis for the West Duwamish CSO Control Project. King County needed a solution for combined sewer overflows into the Duwamish River that the community could support. PRR worked with ECOSS, a local nonprofit, to conduct door-to-door interviews in a variety of languages, coordinated with the South Park Neighborhood Association, hosted booths at summer events, and created multi-language mailers distributed to the project area. PRR also helped internal project managers and engineers incorporate King County’s new Equity and Social Justice metrics into evaluation of project alternatives. West Duwamish CSO Control Project King County Wastewater Treatment Division Moses Lake Council Packet 1-24-23, Page 307 of 318 6 PRR — Water Communication Services Seattle Public Utilities and King County are working together to design and construct an underground storage tunnel that will hold polluted water from Ballard, Fremont, Wallingford, and north Queen Anne during storms, preventing it from overflowing into the Lake Washington Ship Canal. The 2.7-mile, approximately 18’ 10”-foot diameter tunnel will be constructed through these four neighborhoods. Construction will also include pump stations and connections to the existing sewage system. To ensure the communications team would be ready to engage the community with a broad array of tools, PRR assembled a team of specialists – including graphic designers, videographers, and researchers. PRR provided project management and strategic oversight by working with Seattle Public Utilities and King County to develop an engagement plan that joined the priorities and standards of both agencies, and outlined a strategy for this complex project. PRR also leveraged our depth of resources to staff weekend and evening events with a team of project coordinators and interns who are familiar with the project and can effectively engage the community. To inform outreach planning, PRR’s research team conducted a survey in the project area to gauge knowledge about the project, identify key concerns, and determine best methods to reach project neighbors. The survey identified two key issues – many project neighbors were unaware of the problem of combined sewer overflows, and that this project was planned for construction in their community. In response to these findings, PRR developed a video that put the problem into real terms by connecting water pollution issues with the things that really matter to people, such as recreation and wildlife, and enlisted trusted community members to explain the benefits of the project as well as the benefits of constructing a tunnel versus other potential solutions. The project video had more than 1,000 views within the first three months. Two decades is a daunting time period for a public project, so PRR focused messaging on the project need and benefits, and emphasized that the project is currently in an information-gathering stage. Since 2015, PRR and our sub-consultant reached over 2,200 community members at fairs and festivals, briefed 11 regional boards, and interviewed 19 project stakeholders. Ship Canal Tunnel Water Quality Project Seattle Public Utilities/ King County Wastewater Treatment Division Moses Lake Council Packet 1-24-23, Page 308 of 318 Seattle Public Utilities and the Seattle Department of Transportation are planning to build a series of drainage improvements in South Park. To select an alternative and move into the design phase, the project team needed to collect input from project stakeholders and data about the condition of streets, how streets are used, and how businesses connect to the sewer system in the project area. To inform the alternatives analysis process, PRR worked with a local non-profit, ECOSS, to conduct outreach in multiple languages to businesses and residences in the South Park neighborhood during options analysis and design for the South Park Drainage Improvements Project. PRR created materials, conducted outreach to more than 70 properties, and summarized results in a six-week timeframe. PRR worked with SPU and SDOT to use the results of that outreach as the project team evaluated a number of options for the project. PRR is currently working with several community members as well as ECOSS to engage the neighborhood on the South Park Drainage Improvements project as well as construction of a new pump station and water quality facility. PRR is working with SPU to streamline communications and provide the community with one source of information about these three connected projects. PRR is supporting King County in outreach to businesses and residents as the County prepares to update a 4.5-mile sewer line running through downtown Redmond, adjacent to Marymoor Park (a large, regional, multi- use park), and in residential neighborhoods. PRR’s team coordinates outreach efforts to a diverse set of stakeholders, including downtown Redmond businesses, large employers like Microsoft and Nintendo, schools, residential neighborhoods, and recreational users of Marymoor Park and the Sammamish River Trail. Outreach efforts include developing outreach materials, sharing project information at fairs and festivals, open houses and neighborhood briefings, and coordinating with other projects happening in the area. Non-traditional outreach tactics used for reaching neighborhood stakeholders include “walk and talk” events, where the project team walks with neighbors along segments of the project area and “living room events” where briefings are given at neighbors’ homes. Lake Hills/NW Lake Sammamish Sewer Upgrade King County Wastewater Treatment Division South Park Drainage & Roadway Partnership, Pump Station, and Water Quality Facilities projects Seattle Public Utilities Moses Lake Council Packet 1-24-23, Page 309 of 318 8 PRR — Water Communication Services North Mercer/Enatai Sewer Upgrade King County Wastewater Treatment Division King County WTD needs to replace sewer pipes that serve areas in North Mercer Island, the southwest portion of Bellevue near Enatai Beach, and the Town of Beaux Arts Village. PRR has supported community relations for King County’s complex sewer upgrade through planning and alternatives analysis, preliminary design, and final design. PRR’s team is now working with the community as final design progresses and is preparing to support the County during construction. PRR worked with WTD to create a robust outreach strategy to help Mercer Island and Bellevue residents understand the problem and need for a new sewer line, developed clear messaging to explain several complex project alternatives, worked with stakeholders to share information about the technical complexities of each alternative and why the final alignment was ultimately selected, and is currently working with WTD to keep stakeholders informed as design progresses. Outreach efforts focused on building trust in communities feeling construction fatigue from multiple projects taking place in the area, and reaching hard-to-reach bicycle commuters that use the Mountains to Sound Greenway, which will be closed during portions of construction. Outreach tactics have included planning and supporting walk-and- talks with neighbors and engaging at community fairs and festivals. Four years into the project, there have been hundreds of communications with the public, and PRR has staffed dozens of outreach events, including in-person and online open houses, fairs and festivals, and neighborhood-level community events. Moses Lake Council Packet 1-24-23, Page 310 of 318 Over the next two years, HRSD and Virginia Beach Parks & Recreation (VBPR) will construct a partially buried, 5.2 million gallon offline wet weather storage tank in Woodstock Park. An underground storage tank in this area will reduce the risk of sanitary sewer overflows during heavy rain events. A cutting-edge skate facility on the surface of the tank will complete improvements to the park as a whole including new pavilions, playground equipment, a family restroom, and improved parking. This $32 million groundbreaking program will deliver a multi-use facility that serves both Virginia Beach’s community needs and the region’s infrastructure demands. PRR is working with Hazen & Sawyer and Crowder Construction to educate the public, skate park community and area residents about the project benefits and construction through a multi-year public relations and community outreach program. PRR developed a public involvement and public relations strategy informed by in depth information gathering and goal setting sessions with HRSD and City of VBPR’s project staff. The public outreach plan provides PR and engagement opportunities that allows the project team to Providence Road Offline Storage Tank and Woodstock Park Improvement Project Hampton Roads Sanitation District Commission meet people where they are and provides convenient, accessible ways to generate the best results. This includes visiting neighborhood area civic league meetings, public open houses, and educational boards as well as extensive communications with the public during construction and providing the community with temporary park amenities while the park closes for two years. PRR developed a visual timeline of notable project milestones for HRSD and VBPR’s use, project fact sheets, flyers, infographics, and advanced notification of disruptive activity during construction and utilized earned media and social media to communicate those important dates with the impacted public. We are also producing a project video to educate the public about why a tank is needed in this particular area of Virginia Beach. At the completion of the project, HRSD will own a new, valuable asset to continue protecting the public health and waters of Hampton Roads and the residents of Virginia Beach will enjoy a renewed and improved recreational amenity. Moses Lake Council Packet 1-24-23, Page 311 of 318 10 PRR — Water Communication Services Preliminary Study of Canal Road District Department of Transportation PRR managed the community engagement process that includes public meetings, community briefings, and outreach. The Preliminary Study for Canal Road between Chain Bridge and M Street addresses safety, traffic operations and capacity, access to Capitol Crescent Trail for bicyclists and pedestrians, and drainage, erosion and slope stability issues to ensure a safe and protected roadway. At the first public meeting the community helped to identify issues on Canal Road. The project team presented concepts to address these issues at the second public meeting. The City of Virginia Beach, Virginia is embarking on a multi- year, multi-faceted program to create a more resilient city through flood mitigation. The overall program includes several engineering, drainage, and stormwater management projects in multiple neighborhoods spanning the city, including the neighborhoods of The Princess Anne Plaza-Windsor Woods Flood Mitigation Project, Chubb Lake and Lake Bradford, Sherwood Lakes, and others. The $300 million program includes development of flood mitigation systems and water quality and regulatory compliance programs. The City plans to implement the Princess Anne Plaza- Windsor Woods Flood Mitigation Project, which includes the design and construction of flood mitigation measures and drainage improvements in the collective neighborhoods, throughout the next 15 years. PRR built a comprehensive, long-term public involvement program to support the design and implementation process for the project and align with the City’s Public Works Stormwater goal of informing and educating residents on stormwater issues. The project area includes commercial and residential areas and requires the coordination of multiple stakeholder groups, for which PRR developed the strategy. The Lakes, Princess Anne Plaza, and Windsor Woods Combine Drainage Project City of Virginia Beach Moses Lake Council Packet 1-24-23, Page 312 of 318 Alleys Stormwater Management Program District Department of Transportation The District Department of Transportation’s (DDOT) Green Alleys are designed to reduce the quantity and improve the quality of storm water within the city’s rights-of-way. Green Alley projects have been utilized throughout the country to manage stormwater and run-off pollution. DDOT, in partnership with the District Department of the Environment, received funding to implement its Green Alleys Projects from the American Recovery and Reinvestment Act of 2009. PRR produced a public outreach plan for three Green Alley locations to engage the public and businesses in this area. We developed key messaging, including environmental justice and Title VI, and created design templates for flyers and notecards used to inform neighbors near the projects via door-to-door outreach about the benefits of stormwater management and steps they can take to reduce stormwater runoff. Our team also assisted with coordination of three public meetings, held in the residential alleys. We organized comments from the meetings and door-to-door outreach in a database and compiled an outreach report for DDOT. Clean Water Partners NoVA Northern Virginia Regional Commission PRR, with the Northern Virginia Clean Water Partners, launched a storm water pollution education initiative, Write as Rain, designed to get locals thinking about how their actions on the street can affect local streams and rivers. The campaign centered on phrases written on sidewalks near storm drains that would appear whenever sidewalks were wet and when other materials such as trash, pet waste, chemicals, and lawn debris are at risk of polluting the clean storm water system. Phrases included “Your river starts here” and “Keep litter out of our rivers” and also directed passersby to a microsite, www.onlyrain.com for tips and resources to keep local water resources clean. PRR provided a toolkit for this campaign, including media relations, a media event, and FAQs. District Department of Transportation 55 M Street, SE, Suite 400 Washington, DC 20003 Georgia Ave NW Green Alley Projects The District’s Green Alley Projects are designed to reduce the quantity and improve the quality of storm water within the city’s right-of-way (ROW).The District Department of Transportation (DDOT) is implementing these projects in partnerships with the District Department of the Environment (DDOE) with funding from the American Recovery and Reinvestment Act of 2009. Although alleys constitute a significant portion of impervious surface, most do not have storm water controls, such as water quality catch basin or grate inlets. To mitigate this, Green Alleys use sustainable design and Low Impact Development (LID) techniques that reduce the amount of storm water and pollutants entering the sewer system by increasing water infiltration and treatment on site. DDOT will construct Green Alleys by removing gravel, impervious concrete,or asphalt surfaces and replacing them with a variety of permeable concrete, asphalt or brick paver materials in areas where the storm sewer and sanitary sewers are separated. Permeable pavement has pores or openings that allow water to pass through the surface, then percolate down through a gravel layer and into the soil below. Throughout the United States,Green Alley projects are being used as an effective and innovative way to manage storm water runoff and pollution. In Chicago, for example, more than 80 green alleys have been successfully completed since 2006. The initial Green Alley sites are in the Watts Branch Watershed in Ward 7 in the following blocks: Alley between 54 th St, Blaine St, 55th St, & Clay St NE Alley between 56 th St, Eads St, & 57 th St NE Alley between 58 th St, Dix St, 59th St, & Clay St NE Please contact Meredith Upchurch at meredith.upchurch@dc.gov or 202-671-4663 with any questions or comments about this program. District Department of Transportation55 M Street, SE, Suite 400 Washington, DC 20003 Georgia Ave NW Green Alley Projects The District’s Green Alley Projects are designed to reduce the quantity and improve the quality of storm water within the city’s right-of-way(ROW).The District Department of Transportation (DDOT) is implementing these projectsin partnerships with the District Department of the Environment (DDOE) with funding from the American Recovery and Reinvestment Act of 2009. Although alleys constitute a significant portion of impervious surface, most do not have storm water controls, such as water quality catch basin orgrate inlets. To mitigate this, Green Alleys use sustainable design andLow Impact Development (LID) techniques that reduce the amount of storm water and pollutants entering the sewer system by increasingwater infiltration and treatment on site. DDOTwill construct Green Alleys by removinggravel, impervious concrete,or asphalt surfaces and replacing themwitha variety of permeable concrete, asphalt or brick paver materials in areas where the storm sewer and sanitary sewers are separated. Permeable pavement has pores or openings that allow water to pass through the surface, then percolatedown through a gravel layer and into the soil below. Throughout the United States,Green Alley projects are being used as an effective and innovative way to manage storm water runoff and pollution. In Chicago, for example, more than 80 green alleys have been successfully completed since 2006. The initial Green Alley sites are in the Watts Branch Watershed in Ward 7 in the following blocks: Alley between 54 thSt, Blaine St, 55thSt, & Clay St NE Alley between 56 thSt, Eads St, & 57 thSt NE Alley between 58 thSt, Dix St, 59thSt, & Clay St NE Please contact Meredith Upchurch atmeredith.upchurch@dc.gov or 202-671-4663 with any questions or comments about this program. Moses Lake Council Packet 1-24-23, Page 313 of 318 12 PRR — Water Communication Services In 2014, Prince George’s County, Maryland faced an enormous regulatory challenge in the management of its National Pollution Discharge Elimination System and its Municipal Separate Storm Sewer System (MS4) permits. In March 2015, the county executed the first Community-Based Public-Private Partnership (CBP3) with Corvias called the Clean Water Partnership (CWP). The Partnership implements mandated infrastructure improvements that improve water quality by retrofitting up to 4,000 acres of impervious surfaces using green infrastructure with a focus on creating a local socio-economic impact. Corvias Clean Water Partnership Corvias Solutions as leaders in how to most efficiently and effectively implement an innovative infrastructure program. Our communications approach centered on leveraging CWP’s Phase I project successes and milestones by creating highly-visual storybook pieces including the first CWP public annual report, material templates and key messages to help tell the CWP story in a compelling and straightforward way. We also worked to leverage stakeholder’s external communications channels including websites, social media networks to distribute CWP education materials and resources tailored for small businesses. We relied on our extensive relationships with environmental and P3 trade media to craft thought-leadership articles, secure guest podcast opportunities and speaking opportunities for CWP in conjunction with industry conferences where CWP could leverage these platforms to share expertise with the industry. To date, CWP completed the initial pilot retrofitting 2,000 acres using greater than 87% local minority and target class County businesses, and saving the County more than 40% compared to traditional, non-bundled procurements. CWP continues to serves as a model that redefines how a local government can meet federal clean water quality compliance and a case study for jurisdictions across the county who are turning to the private industry to fulfill regulatory requirements and meet a much needed community demand. Corvias hired PRR in 2016 with three goals in mind. 1. Build public understanding around the regulatory challenges surrounding stormwater and the urgency to solve them through a community-based P3 model. 2. Leverage stakeholders’ efforts to reach local small and minority-owned businesses, representing over 80 percent of the program’s work. 3. Position Corvias and County leadership as experts in stormwater P3s and Moses Lake Council Packet 1-24-23, Page 314 of 318 The City of Alexandria, Virginia embarked on a multi-year capital program to reinvent the City’s Waterfront as a dynamic gateway to historic Old Town. The $60 million program includes development of a flood mitigation system, creation of a riverfront promenade and the new Waterfront Park plaza. The City is working with a design team from Stantec Consulting Services Inc. to conduct the preliminary engineering for the Flood Mitigation Implementation project. PRR was hired by Stantec to develop and implement a robust public information and communications plan to support community engagement, raise awareness of the flooding problem and build support for the City’s plan to address it. This work included developing an overall project identity, project timeline and fact sheets used to explain the various flood mitigation components for the project including pump stations, seawalls and park improvements as part of Alexandria’s Small Area Plan and the Waterfront Flood Mitigation Implementation plans. Alexandria Waterfront Development and Flood Mitigation City of Alexandria Moses Lake Council Packet 1-24-23, Page 315 of 318 14 PRR — Water Communication Services PRR was hired to help the STORM Consortium encourage residents to identify and fix their vehicle leaks. PRR conducted focus groups and online surveys, developed a comprehensive marketing strategy, and partnered with the Automotive Service Association (ASA) of Washington. The campaign was immensely successful — testing 6,963 cars for leaks in one month. Media outreach efforts resulted in 431,000 impressions and 42 stories placed in newspapers and TV stations. The media buy leveraged a tight budget by 152 percent. Partner outreach efforts resulted in 470,500 impressions through utility bill inserts, social media, website placements, and advertising. The campaign received multiple national awards and just finished its second year. Don’t Drip & Drive. Fix That Leak! Vehicle Leaks Behavior Change Program Stormwater Outreach for Regional Municipalities (STORM Consortium) Moses Lake Council Packet 1-24-23, Page 316 of 318 WaterSense U.S. Environmental Protection Agency The U.S. Environmental Protection Agency (EPA) sought to gather information that would assist them and other stakeholders in enhancing the market for water-efficient home appliances through the development of a program brand involving a label and promotional messaging. Two focus groups were conducted in each of five areas (Kansas City, Missouri; Phoenix, Arizona; Oakland, California; Madison, Georgia; and Boston, Massachusetts) representing different population densities, as well as drought conditions and water conservation experiences. Key objectives from the focus groups included: ■Determine awareness and attitudes regarding water supply and water quality ■Understand the place of water efficiency in the appliance purchase process ■Explore the desire for a water efficiency label ■Explore preferences for a water efficiency label name ■Explore preferences for a water efficiency label design and color ■Explore preferences for a water efficiency label rating system ■Explore preferences for water efficiency promotional messages The focus groups produced clear consumer preferences for a water-efficient home appliance label in regard to program name, label design, efficiency rating system and promotional messaging. Water Security Website U.S. Environmental Protection Agency On October 23, 2018, America’s Water Infrastructure Act (AWIA) was signed into law. The law requires community (drinking) water systems serving more than 3,300 people to develop or update risk assessments and emergency response plans. All communities need safe drinking water and properly treated wastewater. In order to provide these services reliably, utilities must safeguard their water systems and plan for and practice responding to emergencies. EPA’s Water Security Division hired PRR and to adapt a 137-page, clickable PDF to an online tool that will help water utilities identify what climate adaption resources they need as part of AWIA. Users will be able to find planning worksheets and other guides by selecting identifiers like geography and impact(s) of interest. For this project, PRR’s role is to map out the user experience, create the design scheme and develop the tool to work within EPA’s existing web infrastructure. Water Sense Moses Lake Council Packet 1-24-23, Page 317 of 318 prrbiz.com 1501 Fourth Ave., Ste. 550, Seattle, Washington 98101 T 206.623.0735 Offices Seattle, WA Washington, D.C. Baltimore, MD Certifications PRR is a federally certified Disadvantaged Business Enterprise (DBE) and Small Disadvantaged Business (SDB). We hold a variety of Woman and Small Business Enterprise (W/SBE) certifications across the country, including: CALIFORNIA COLORADO DISTRICT OF COLUMBIA GEORGIA MARYLAND OREGON TEXAS VIRGINIA WASHINGTON Moses Lake Council Packet 1-24-23, Page 318 of 318