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FINAL 2023 1024 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, October 24, 2023 Moses Lake Civic Center – 401 S. Balsam or remote access* 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 -Native American Heritage Month Proclamation Additional Business City Manager’s Report -Employee Introduction – IT Systems Administrator -Animal Shelter Funding -Council Members for Fire Committee Public Hearing #1 Motion #2 pg 4 Property Tax Levy Resolution 3957 Presented by Madeline Prentice, Finance Director Summary: Hear from public and consider adoption pg 9 2024 Budget Ordinance – First Presentation Budget Link Presented by Madeline Prentice, Finance Director Summary: Hear from public and continue hearing COML Council Packet 10-24-23,Page 1 of 174 October 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. #3 pg 11 a.City Council Meeting Minutes Dated September 26 and September 28, 2023 b.Claims and Payroll c.Cascade and Lakeview Parks Playground Acceptance d.Latecomer Contract Proposal for Polo Ridge 4 Major Plat Street Resolution 3958, and Utility Resolution 3959 e.Accept Improvements for Polo Ridge 3 Major Plat Resolution 3960 f.Accept Improvements for Polo Ridge 4 Major Plat Resolution 3961 g.Accept Improvements for Barrington Point 5 Phase 1 Resolution 3962 Old Business #4 Motion x2 #5 Motion pg 80 Fire Impact Fee Ordinance 3037 and Resolution 3956 Presented by Brett Bastian, Fire Chief Summary: Council to review and consider adoption pg 106 Interim Agreement for Sleep Center Operations Presented by Kirsten Peterson, Community Development Director Summary: Council to review and consider approval New Business #6 Motion #7 Motion #8 Motion pg 139 Harrison K Dano Park Sport Court Grant Proposal Presented by Doug Coutts, Parks, Recreation and Cultural Services Director Summary: Council to review and consider approval pg 142 Ice Arena 2023-2024 Season Fee Schedule Amendment Resolution 3963 Presented by Doug Coutts, Parks, Recreation and Cultural Services Director Summary: Council to review and consider adoption pg 150 Annual Review and Approval of LTAC Recommendations Presented by Richard Huebner, Assistant City Manager Summary: Council to review and consider approval COML Council Packet 10-24-23,Page 2 of 174 October 24, 2023, City Council Meeting Page 2 #9 Motion pg 153 Volunteer Handbook Resolution 3964 Presented by Kevin Fuhr, Interim City Manager Summary: Council to review and consider adoption Administrative Reports Council Committee Reports Executive Session – Potential Litigation pursuant to RCW 42.30.110(1)(i) Adjournment Next Regular Council Meeting is scheduled for November 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. * Click this link for remote speaker request forms which must be completed by 3 p.m. on the day of the meeting for Citizen or Public Hearing Comments to be heard remotely during the live meeting. Select zoom option if signed up to speak remotely. Zoom Options: web access - https://cityofml.zoom.us/j/91786766000 Or iPhone one-tap: US: +12532158782,,91786766000# or +13462487799,,91786766000# 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: 917 8676 6000. YouTube live and recorded after April 2023: https://www.youtube.com/@MosesLakeCityCouncil/streams ** In person Citizen Comment form needs to be turned in prior to start of each meeting. The 5-minute time per speaker may be reduced to allow a maximum period of 30-minutes for citizens who have signed up to speak. COML Council Packet 10-24-23,Page 3 of 174 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 Kevin Fuhr, Interim City Manager 12888 Madeline Prentice Finance 10/24/2023 Public Hearing 2024 Property Tax Levy Resolution City Manager City Attorney Community Development Finance Fire Human Resources Municipal Services Parks, Rec, & Cultural Services Police Technology Services 0.00$0.00$0.00$ Adopt the resolution for staff to certify the property tax levy to the Grant County Board of Commissioners before the November 30, 2023 deadline. 2024 Property Tax Resolution.docx 20.83KB Property Tax calculation worksheet 2024 final.pdf 103.11KB Council has an opportunity to consider the estimated amount to be received by the City from taxes on assessed valuations for property located within the City of Moses Lake. State law under RCW 84.52.020 and 84.52.070 require the governing board of the City of Moses Lake to fix the estimated amount to be raised by taxation on assessed valuation on the property within the City of Moses Lake. Property taxes are a substantial revenue source for the City. The City is allowed to increase its levy by the lessor of one percent (1%) or the percentage increase in the implicit price deflator (IPD) index on its highest levy since 1985. The IPD for 2022-2023 exceeds the 1% limit. The legislative body is required by RCW 35A.33.135 to adopt a resolution establishing the amount to be raised by property taxes for the ensuing fiscal year. The governing board of the City of Moses Lake has authority to utilize prior year "banked capacity". We are recommending levying $375,000 of the City's "banked capacity" to provide funds necessary to discharge the anticipated expenditures and liabilities of the City's General Fund in 2024. COML Council Packet 10-24-23,Page 4 of 174 Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Fixing the amount that can be raised by taxation assures the city that they will collect on assessed values greater than in 2023 and allows the City to collect the maximum allowed under state statute in supporting the general fund. The property tax levy for 2023 was $8,735,243. The City could receive a maximum of $104,834 for 2024 based on the 1% of the highest regular tax levy and an estimated increase of $157,099 for new construction. Additionally, Council can levy prior year "banked capacity". The City is recommending Council levy $375,000 of banked capacity for discharging anticipated expenditures and liabilities of the General Fund. The total levy being requested is $9,372,176 which is below the State constitutional limit. The calculation of the estimated levy is attached. The 2024 budget is estimated to be $9,500,000 to take into consideration the collection rate, i.e. the entire levy is not collected 100% in the year it is levied. The rate per thousand of assessed valuation is estimated to be $2.573, which is a decrease of $0.37 from the 2023 rate of $2.9438. A household with an assessed valuation of $200,000 will have paid $589 in 2023 and would decrease by about $74 to $515 in 2024, assuming there is no change in the assessed valuation. However, if the underlying assessed value increases by 10%, the tax levy will be about $566 or an increase of $51 per year. Options and Results Staff recommends City Council conduct the Public Hearing, then consider adoption of the resolution as presented. Staff will certify the levy to the Grant County Board of Commissioners before the November 30, 2023 deadline. Provide staff with specific changes, which would need to be approved and adopted at the November 14th, 2023 Council meeting. Property tax legislation needs to be submitted annually to the County Commissioners by November 30th. If this is not accomplished, the City would not levy a property tax and would lose 28% of General Fund revenues. COML Council Packet 10-24-23,Page 5 of 174 RESOLUTION NO. 3957 A RESOLUTION FIXING AND LEVYING THE AMOUNT OF AD VALOREM TAXES NECESSARY TO DISCHARGE THE EXPECTED EXPENSES AND OBLIGATIONS FOR THE 2024 BUDGET FOR THE CITY OF MOSES LAKE Whereas, RCW 84.52 requires the governing body of the City of Moses Lake to fix the estimated amount to be raised by taxation on assessed valuation on property within the City of Moses Lake; and, Whereas, the City of Moses Lake’s highest actual levy amount occurred in 2022 and was $10,483,435; and Whereas, the City is allowed by law to increase its tax levy by 1% over the highest levy amount it has ever received since 1985, which would establish a limit of $10,588,270; and Whereas, the City of Moses Lake’s actual levy amount from the previous year, 2023, was $8,735,243; and Whereas, the City intends to levy " banked capacity" of $375,000; and Whereas, the City of Moses Lake, has a population of more than 10,000; and Whereas, a Public Hearing was held, with notice duly provided, to consider the City’s current expense budget for the 2024 calendar year pursuant to RCW 84.55.120; and Whereas, the City Council of the City of Moses Lake, after hearing and duly considering all relevant evidence and testimony presented, has determined that the City of Moses Lake requires an increase in real property tax revenue from the previous year, resulting from the limit factor, and an increase of $375,000 of banked capacity from the previous year along with the addition of recent annexations, new construction and improvements to property and any increase in the value of state-assessed property and refunds made, in order to discharge the expected expenses and obligations of the City; now, therefore BE IT RESOLVED BY THE CITY OF MOSES LAKE CITY COUNCIL: Section 1. The following increases in the regular property tax levy, over the amount of the previous year’s levy, are hereby authorized to be cumulatively levied for collection in 2024: A. A discretionary increase of $104,834, attributable to the inflation factor which is a percentage increase of 1.0% over the highest amount levied for collection since 1985 which was $10,483,436 in 2022; plus B. An estimated increase of $157,099 for new construction and improvements to property; plus C. An increase authorized by state law for state-assessed property values; plus D. A request to utilize banked capacity in the amount of $375,000. This will result in an overall increase of 5.4931% and a resolution increase amount of $479,834 to be used for calculating page 2 of the levy limitations worksheet. Section 2. There is hereby fixed to be raised by general property taxes upon real and personal property within the City of Moses Lake, for the year of 2024, the sum of $9,372,176 for general municipal purposes, including Firemen’s Relief and Pension. COML Council Packet 10-24-23,Page 6 of 174 Section 3. The City Clerk is directed to transmit and file a certified copy of this resolution with the Board of Grant County Commissioners and the Grant County Assessor on or before November 30, 2023. Section 4. This resolution shall take effect January 1, 2024. ADOPTED BY THE CITY COUNCIL, and signed and approved this 24th day of October 2023. __________________________________________ Don Myers, Mayor ATTEST: _________________________________ Debbie Burke, City Clerk COML Council Packet 10-24-23,Page 7 of 174 2023 Tax 2024 Assessed Rate Levy Values Applied Dollars (Dollars in Thousands)(estimate) Prior Year (2023) = Base 2,967,270.32$             2.94386$             8,735,242.56$     Levy Limit‐1.0% increase from 2023 levy ‐$10,483,436 104,834                Base‐101%8,840,077            Valuation Change (22.8%)622,184.62                   ‐                        New Construction (1.8%)53,364.93 2.94386               157,099                State Assessed Value‐ (still unknown) Tax Limit Before Annexation 3,642,819.9                  2.94386               8,997,176            Add for Annexation ‐                                 ‐                        Limit for Subsequent Year 3,642,819.9                  2.46984               8,997,176            Plus:  Banked Capacity 375,000                Total Ordinance 2.57278 9,372,176$          Assessed Valuation 3,642,819.860$           3.82500$             13,933,786$        Less:  Library Levy (Estimate 0.3254 1,185,250            Maximum 2022 Levy for Collection in 2023 (Estimate)3.4996$               12,748,536          Total Levy Calculation 9,372,176$          Less:  Potential uncollectible levy  (estimate)169,000                Plus:  REC Silicon tax distribution ‐ 2024 303,823$             Estimate to collect 9,507,000$          Budget Estimate 9,500,000$          State of Washington Constitutional Limit City of Moses Lake Property Tax Limitation Calculation Budget Estimate  COML Council Packet 10-24-23,Page 8 of 174 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 Kevin Fuhr, Interim City Manager 12912 Madeline Prentice Finance 10/24/2023 Public Hearing 2024 Budget - 1st Public Hearing City Manager City Attorney Community Development Finance Fire Human Resources Municipal Services Parks, Rec, & Cultural Services Police Technology Services 0.00$0.00$0.00$ Conduct the first Public Hearing for the 2024 budget. The budget provides for the financial planning, control, and evaluation of all funds. The City Manager and all Department Directors met to review budget proposals and a proposed 2024 budget was presented to City Council at a budget workshop held on September 23, 2023. At Council's direction, additional meetings were conducted following the first budget workshop and changes were incorporated to the proposed budget as requested. A revised 2024 proposed budget with the recommended changes was presented to Council at a second budget workshop held on October 17, 2023. This is the first presentation of the 2024 Preliminary Budget. The budget requires two public hearings be held before adoption of the budget ordinance establishing the authorization and spending plan for the 2024 fiscal year for all City operations. Any further recommendations resulting from the first presentation of the budget from Council will be made and incorporated into the 2024 Preliminary Budget. A second public hearing is scheduled to be held on November 14, 2023. For the 2024 Preliminary Budget, all funds are balanced within available resources (i.e. new revenues and reserves). Additional explanation and summaries of revenues and expenditures by fund are included in a separate 2024 Preliminary Budget document. The total proposed 2024 preliminary budget is approximately $105.4 million with the General Fund operating budget amounting to approximately $40.2 million. All funds are balanced within available resources. COML Council Packet 10-24-23,Page 9 of 174 Options and Results Approve, Authorize, or Adopt: Authorize staff to make recommended changes to preliminary budget. Provide Amended Direction: Provide staff with specific changes, which would need to be incorporated into the budget system to be brought back to Council for adoption at the November 14, 2023 meeting. No Action Taken: The budget process could not continue and the City would not be in compliance with State law. COML Council Packet 10-24-23,Page 10 of 174 MOSES LAKE CITY COUNCIL September 26, 2023 CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 6:30 p.m. by Mayor Myers in the Council Chambers of the Civic Center 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, Fancher, Madewell, Swartz, and Skaug. PLEDGE OF ALLEGIANCE Mayor Myers led the Flag Salute. AGENDA APPROVAL Council Member Skaug requested to move Consent Agenda item (k) HopeSource Shelter Management Extension to New Business. Action taken: Deputy Mayor Martinez moved to approve the Agenda as amended, second by Council Member Fancher. The motion carried 7 – 0. PRESENTATION Moses Lake Community Coalition 2nd Quarter Update Megan Watson, Coalition Coordinator and Matt Paluch, Executive Chair provided a slide deck summarizing the services being provide on substance abuse prevention and plans to branch out for mental health issues. They are continuing to coordinate with the school district for youth surveys and with the library to host drop-in youth activities. CITIZEN’S COMMUNICATION Municipal Airport – Rod Richeson, Moses Lake Airport Commission Chair, expressed his frustrations with the restricted abilities for their volunteers due to the lack of policies approved by Council. Interim City Manager Kevin Fuhr advised that he has a volunteer policy drafted that will be presented at the next Airport Commission Meeting. Municipal Airport – Ron Pearcy, Moses Lake, provided comments on the recent airport closure that was due to a lack of communication to staff that they had moved the location of the Experimental Aircraft Aviation Chapter BBQ because they were unable to obtain required event insurance. They may plan to operate under the SpringFest special event application in 2024. Miscellaneous – Andrew Koeppen, Moses Lake, created a Moses Lake Events Facebook page that allows businesses and organizations to post for a one stop shop viewing of community activities. https://www.facebook.com/events/explore/moses-lake-washington/113449922003415. He again shared his concern of privacy for the use of automatic license plate readers. Miscellaneous – Elisia Dalluge, Moses Lake, relayed information on the airport, community coalition, Youth Dynamics fundraiser flyer, city budget workshop, and Grant County 2024 property tax estimates. Youth Dynamics Fundraiser – Director Shawn Sallis, c/o Mayor Myers, invited the Council to COML Council Packet 10-24-23,Page 11 of 174 CITY COUNCIL MINUTES – September 26, 2023 pg. 2 the auction on October 14, at 7 p.m. at the Grant County Fairgrounds. RSVP due date is October 6. He asked Council to advise staff if they are attending so a notice of quorum could be posted. 2024 Draft Budget – Jeremy Nolan, Moses Lake, thanks staff for all of their work and inquired about including a modeling forecast within the budget document, aggregate totals for expense types across all funds such as wages and benefits, as well as price volume analysis and expectations from year to year. SUMMARY REPORTS MAYOR’S REPORT National Fire Prevention Week Proclamation A proclamation was read declaring October 8 through 14 as Fire Prevention week with the theme of “Cooking safety starts with YOU. Pay attention to fire prevention.” Constitution Week Proclamation September 17, 2023, marks the 236th anniversary of the drafting of the Constitution of the United States. Mayor Myers read the proclamation as a fitting and proper accord of recognition to this magnificent document, its memorable anniversary, and to the patriotic celebrations which commemorate the occasion. City of Yonezawa Mayor Correspondence A letter and photo was received from of our sister city Mayor. He thanked Council for the Kimberly Mathews Wheaton prints and stated that he is looking forward to restarting the adult and student exchange programs. ADDITIONAL BUSINESS Failing Septic on Marina Dr. Deputy Mayor Martinez requested staff look into comments made at the State of the Lake meeting regarding failing septic systems. CITY MANAGER’S REPORT Animal Shelter Facility Tour Interim City Manager Kevin Fuhr and Assistant City Manager Rich Huebner facilitated a tour of the shelter for six Council Members last week. Grant County Commissioner Rob Jones is interested in meeting with city staff to discuss a joint venture to improve the facility. Lodging Tax Advisory Committee (LTAC) Application Cycle Assistant City Manager Rich Huebner advised that the LTAC members met on September 11 to review the application guidelines. They set an application due date for 2024 funding on October 6 at noon, applicant presentations will be October 11, and a meeting the following morning to determine recommendations of funding for Council consideration on October 24. Board member applications are being accepted to fill one vacancy on this committee. Eligible person will need to represent a business who collects the tax. CONSENT AGENDA COML Council Packet 10-24-23,Page 12 of 174 CITY COUNCIL MINUTES – September 26, 2023 pg. 3 #1 a. City Council meeting minutes dated September 12, 2023 b. Claims and Payroll c. Photo Enforcement RCW Reference Ordinance 3035 d. Set October 24 for Public Hearing – Property Tax/Budget e. Surplus Properties Alder & Virginia Resolution 3952 f. CAD Homes Request to Build on Unplatted Resolution 3953 g. City Easement Abandonment-Relocation Resolution 3954 h. Parkway Dr Easements Resolution 3955 i. 2020 Fuel Procurement Contract Amendment j. Stormwater Comprehensive Plan Consultant Amendment k. moved to New Business Action taken: Council Member Swartz moved to approve the Consent Agenda as amended, second by Deputy Mayor Martinez. The motion carried 6 – 0. Council Member Fancher abstained. OLD BUSINESS #2 Museum Lighting and Solar Panel Projects Contract Two representatives from McKinstry Industries provided a summary of their process for the investment grade audits contracted through the state Department of Enterprise Services (DES) as their energy service company (esco). Staff are requesting Council consider approval of the museum lighting and solar panel projects. McKinstry rep explained how funding clean energy projects work and that the solar panels will have a guaranteed net zero cost after reimbursement of the grant awarded by the Department of Commerce. Action taken: Deputy Mayor Martinez moved to approve execution of contracts for both projects with a follow-up report on the anticipated lifespan of solar batteries compared to cost and life of a generator, second by Council Member Madewell. The motion carried 7 – 0. NEW BUSINESS #3 HopeSource Shelter Management Extension The amendment extends the original 2020 contract through the current Department of Commerce funding period. Resident David Hunt and several Council Members requested more information on their services. Interim City Manager Kevin Fuhr advised that HopeSource staff will be providing a report prior to the next Council meeting. Community Development Director Kirsten Peterson reviewed details of funding and services. Council requested staff negotiate a month-to-month contract extension for the winter months while a formal Request for Proposal process can occur for a future contract for management of the shelter. Action taken: Deputy Mayor Martinez moved to authorize the Interim City Manager to execute the amendment as presented, second by Council Member Swartz. The motion carried 7 – 0. Mayor Myers paused the meeting at 9:01 p.m. to sign student attendance sheets. #4 Longview Park/Sun Terrace Park Design Services COML Council Packet 10-24-23,Page 13 of 174 CITY COUNCIL MINUTES – September 26, 2023 pg. 4 Parks, Recreation, and Cultural Services Director Doug Coutts and two Park Board members reviewed qualifications submitted by three landscape firms. Authorization for the design of both parks will result in a large cost savings and make the projects eligible for a grant funding opportunity in the Spring of 2024. Action taken: Deputy Mayor Martinez moved to authorize design services of Longview and Sun Terrace Parks as presented, second by Council Member Eck. The motion carried 7 – 0. COUNCIL COMMUNICATIONS AND REPORTS Interim City Manager Kevin Fuhr will have staff contact Council Member Skaug regarding status of Moses Lake Industry water pressure and building permit. Council Member Madewell advised that the parking lot project in question was being paved today. Deputy Mayor Martinez shared that NARCAN (overdose treatment nasal spray) supplies are available through the Grant County Health District for public safety agencies. The public can obtain the treatment through pharmacies or from a vending machine at the sleep center. She commended partners of the Moses Lake Watershed Council for efforts on lake clean up. The Columbia Basin Allied Arts UMANI Festival will be held this Saturday at Sinkiuse Square. The Creative District is hosting SuperSones as the final act in the 2023 summer concert series on Saturday at McCosh Park. Mayor Myers attended the Community Development and Public Works Committee meeting. Staff have reported positive updates and will be bringing forward solutions to the full Council. Interim City Manager Kevin Fuhr is meeting with Congressman Newhouse next week to discuss funding. The Grant Transit Authority has a new app to do live tracking on bus service and trip planning. ADJOURNMENT The regular meeting was adjourned at 9:28 p.m. ______________________________________ Don Myers, Mayor ATTEST____________________________ Debbie Burke, City Clerk COML Council Packet 10-24-23,Page 14 of 174 MOSES LAKE CITY COUNCIL – SPECIAL MEETING September 28, 2023 CALL TO ORDER A special meeting of the Moses Lake City Council was called to order at 11:00 a.m. by Mayor Myers in Council Chambers of the Civic Center with audio remote access. Special notice for remote attendance was posted on the meeting agenda. ROLL CALL Present: Mayor Myers; Council Members Eck, Swartz, Fancher, and Madewell. Absent: Deputy Mayor Martinez and Council Member Skaug. EXECUTIVE SESSION Mayor Myers called an Executive Session to evaluate qualifications for public employment pursuant to RCW 42.30.110(1)(g) until 12:15. Mayor Myers extended the Executive Session for 30 minutes. The open public meeting reconvened at 12:45 p.m. NEW BUSINESS City Manager Contract Negotiation Candidate Erik Upson was rotated through three panels for interviews. Action taken: Council Member Swartz moved to authorize the contract negotiations with Erik Upson for employment, to be brought back for Council consideration and action, second by Council Member Eck. The motion carried 5 – 0. ADJOURNMENT The special meeting was adjourned at 12:50 p.m. ______________________________________ Don Myers, Mayor ATTEST____________________________ Debbie Burke, City Clerk COML Council Packet 10-24-23,Page 15 of 174 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) Kevin Fuhr, Interim City Manager 12900 Madeline Prentice Finance 10/24/2023 Consent Agenda Disbursement Report since October 10, 2023 City Manager City Attorney Community Development Finance Fire Human Resources Municipal Services Parks, Rec, & Cultural Services Police Technology Services 1,752,856.15$1,752,856.15$0.00$ Approve payment of claims as presented. The following amounts were budgeted, and sufficient funds were available to cover these payments. Electronic Transfer: N/A Checks: 162631 - 162765 - $1,144,948.55 Payroll Checks: 10-13-2023 PR, #65923 - 65940 - $12,578.39 Electronic Payments: 10-13-2023 Direct Deposit: - $595,329.21 Vouchers - 10.24.2023.pdf 121.31KB COML Council Packet 10-24-23,Page 16 of 174 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. COML Council Packet 10-24-23,Page 17 of 174 TOTALS BY FUND:Est. Fund Bal.Est. Fund Bal. FUND NO FUND NAME 10/10/2023 AMOUNT @ 10/24/2023 001 GENERAL FUND 12,631,661            159,964.02                      12,471,697                102 TOURISM 1,470,755              ‐                                     1,470,755                   103 GRANTS AND DONATIONS 1,122,800              1,383.55                           1,121,417                   105 ARPA 3,712,452              ‐                                     3,712,452                   110 HOMELESS SERVICES 662,402                 201,980.53                      460,421                      111 OPIOID ABATEMENT 50,358                    ‐                                     50,358                        114 PATHS/TRAILS 115,781                 ‐                                     115,781                      116 STREET 750,038                 57,213.76                         692,824                      119 STREET REPR/RECON 2,846,200              ‐                                     2,846,200                   170 TRANSPORTATION BENEFIT DISTRICT 1,113,136              ‐                                     1,113,136                   282 LOCAL BORROWING 1,423,707              ‐                                     1,423,707                   286 REFUNDING GO BONDS 2015 122,434                 ‐                                     122,434                      314 PARK & RECREATION IMPROVEMENTS 588,488                 ‐                                     588,488                      315 PARK MITIGATION CAPITAL PROJECTS 36,926                    ‐                                     36,926                        320 FIRE MITIGATION ‐ SEPA 339,934                 ‐                                     339,934                      322 WATER REMIDIATION 1,971,581              23,759.22                         1,947,822                   410 WATER/SEWER 8,124,767              26,256.19                         8,098,510                   450 2011 BOND FUND 10,304                    ‐                                     10,304                        451 WATER/SEWER ‐ 2011 BOND RESERVE 567,600                 ‐                                     567,600                      452 2004 BOND FUND 1,020,000              ‐                                     1,020,000                   453 WATER/SEWER ‐ 2004 BOND RESERVE 701,500                 ‐                                     701,500                      471 WATER RIGHTS 1,557,215              1,970.50                           1,555,245                   477 WATER SEWER CONSTRUCTION 3,361,735              99,798.51                         3,261,936                   485 PWFT WATER/SEWER DEBT SERVICE 20,196                    ‐                                     20,196                        487 2015 GO BONDS REDEMPTION 21,330                    ‐                                     21,330                        490 SANITATION 2,238,713              342,515.28                      1,896,197                   493 STORM WATER 986,229                 29.64                                 986,199                      495 AIRPORT 74,320                    ‐                                     74,320                        498 AMBULANCE 771,690                 28,934.34                         742,756                      501 UNEMPLOYMENT COMPENSATION INSURANCE 88,796                    ‐                                     88,796                        503 SELF‐INSURANCE 294,229                 100,881.28                      193,347                      517 CENTRAL SERVICES 1,129,035              8,351.51                           1,120,683                   519 EQUIPMENT RENTAL 2,012,015              84,290.07                         1,927,725                   528 BUILDING MAINTENANCE 2,279,189              3,309.98                           2,275,879                   611 FIRE PENSION 412,456                 ‐                                     412,456                      623 DEPOSIT 96,302                    4,137.92                           92,164                        631 STATE 9,198                      172.25                              9,025                          TOTAL 54,735,474            1,144,948.55$                 53,590,525                City of Moses Lake Tabulation of Claims Paid‐Summary by Fund Council Meeting Date‐ 10/24/2023 COML Council Packet 10-24-23,Page 18 of 174 Check Name Check Amount Check Date Invoice Description 162631 Shannon Springer 154.33 10/03/2023 AWC Conference Miles/Meal 162632 Mike Williams 104.00 10/04/2023 Lateral Background Investigation 162633 Omar Ramirez 158.00 10/04/2023 Evidence Storage & Management 162634 Cristina Valdez 158.00 10/04/2023 Evidence Storage & Management 162635 Manuel DeLaTorre 118.00 10/04/2023 Spray Conference‐ CEU's 162636 Felix Rea 118.00 10/04/2023 Spray Conference‐ CEU's 162637 Felicia Ziemer 311.00 10/04/2023 NRPA 2023 162638 4Imprint, Inc.279.15 10/05/2023 Tissue Wallet 162639 A & H Printers Inc 63.96 10/05/2023 Business cards 162640 A M Hardware Company Inc 22.81 10/05/2023 Throw Member 162641 AAA Readymix Inc 2,456.61 10/05/2023 Fire Admin Building Sidewalk  162642 Alpha Media, LLC 257.50 10/05/2023 LTAC Advertising 162643 Amazon Capital Services, Inc.4,894.98 10/05/2023 Amazon September 2023 Water 162644 Anatek Labs, Inc.710.00 10/05/2023 Sample Testing 162645 Anderson Group, Inc 6,688.72 10/05/2023 Robotic Pool Cleaner 162646 Aspect Consulting 25,729.72 10/05/2023 Water Supply & Permitting 162647 Bound Tree Medical LLC 559.99 10/05/2023 Medical Supplies 162648 Bud Clary Ford LLC 191.76 10/05/2023 Cover & Contact 162649 Central Machinery Sales Inc 74.46 10/05/2023 Hard Hat 162650 Centurylink 55.41 10/05/2023 206‐T03‐6229 331B 9.23.23 162651 Certified Folder Display Service, Inc 3,716.61 10/05/2023 LTAC Advertising 162652 Columbia Basin Herald 2,953.14 10/05/2023 Admin Advertising 162653 Columbia Bearing Bdi 156.33 10/05/2023 Bolt Pillow Block 162654 Consolidated Disposal Service 44,519.99 10/05/2023 Disposal Loads 162655 Consolidated Electrical Distributors Inc 277.81 10/05/2023 General Parks 162656 Copiers Northwest Inc 459.79 10/05/2023 Equipment Contract Fees 162657 CSWW, Inc 461.74 10/05/2023 V‐Belt 162658 Databar Inc 2,029.51 10/05/2023 Utility Billing Invoices 162659 Dell Marketing 2,311.64 10/05/2023 System Service Tags 162660 Devries Information Mgmt 57.50 10/05/2023 On Site Record Destruction 162661 Elevate Government Affairs, LLC 17,000.00 10/05/2023 Government Relations Services 162662 EMS Technology Solutions, LLC 829.26 10/05/2023 RFID Tags 162663 Enviro Clean Equip Inc 635.43 10/05/2023 Right & Left Engine Mounts 162664 Faber Industrial Supply 1,482.20 10/05/2023 Misc. Tools 162665 Fishingmagician.com 1,300.00 10/05/2023 LTAC Advertising 162666 Galls LLC 1,539.56 10/05/2023 Uniform ‐ Rice 162667 Grainger Parts Operations 147.41 10/05/2023 Eye Wash Tags 162668 Grant County Animal Outreach 8,333.00 10/05/2023 October 2023 Contract Payment 162669 H D Fowler Company 6,582.75 10/05/2023 Copper Tubing 162670 IAFF #1258/Disab Ins 2,286.11 10/05/2023 2320 IAFF Disability 162671 Inland Body & Paint 3,619.40 10/05/2023 Accident Damage Repair Eq # 150 162672 Isaac Valdez 390.24 10/05/2023 Softballs 162673 Jerrys Auto Supply 347.21 10/05/2023 Air Door Actuator 162674 Kelley Connect 291.45 10/05/2023 Equipment Contract Fees 162675 Kottkamp & Yedinak, P.L.L.C.3,027.50 10/05/2023 Planning Pro Services 162676 Lad Irrigation Company Inc 219.69 10/05/2023 Steel Wedges 162677 Lake Auto Parts 164.16 10/05/2023 Brake Pads/Rotors 162678 Lakeside Disposal, Inc 297,995.29 10/05/2023 September '23 Contract Payment City of Moses Lake Checks Issued with Summary Description For October 24th, 2023 Council Meeting COML Council Packet 10-24-23,Page 19 of 174 162679 Life Flight Network 37.92 10/05/2023 New Hire ‐Rice 162680 Martin Law LLP 77,401.44 10/05/2023 Water Related Legal Services 162681 Matrix Sciences International Inc.362.00 10/05/2023 Sample Testing 162682 McKesson Medical‐Surgical 2,985.74 10/05/2023 Ambulance Supplies 162683 MIRO‐TV 1,650.00 10/05/2023 LTAC Advertising 162684 Moon Security Services Inc 78.49 10/05/2023 Annex Security Monitoring 162685 Moses Lake Steel Supply 235.60 10/05/2023 Maintenance Supplies 162686 Multi Agency Comm Center E911 61,756.25 10/05/2023 911 Dispatch Services 162687 Norco Enterprises Inc 594.13 10/05/2023 Eyewash Bottles 162688 Northland Cable Television, Inc 99.95 10/05/2023 Internet Backup 162689 Northstar Chemical Inc 6,545.00 10/05/2023 Sodium Hypochlorite Well # 11 162690 Northwest Medical Group PLLC 4,725.00 10/05/2023 Pre‐Employment Testing 162691 Oreilly Auto Parts 138.34 10/05/2023 HVAC Actuator 162692 Outdoor Power & Repair 116.73 10/05/2023 Filters/Air Cleaner 162693 Oxarc Inc 58.19 10/05/2023 Fire Extinguisher 162694 Pacwest Machinery LLC 1,392.50 10/05/2023 Broom/Curtain Box 162695 Protect Youth Sports 148.20 10/05/2023 Background Checks 162696 Qcl Inc 1,470.00 10/05/2023 Annual Audiogram Testing 162697 Quill Corporation 294.11 10/05/2023 Cocoa for Break Room 162698 Richland Research Corporation 579.37 10/05/2023 Free‐Flow Blocks 162699 Schaeffer Mfg Company 18,254.47 10/05/2023 Oil Stock  162700 Sebastian Moraga 40.05 10/05/2023 Advertisement Translations 162701 Sherwin‐Williams 1,460.86 10/05/2023 Field Paint 162702 Shirtbuilders Inc 594.47 10/05/2023 Uniform T‐Shirts 162703 Signs Now, LLC 1,494.39 10/05/2023 Graphics Package Eq # 057 162704 SoftResources, LLC 20,706.18 10/05/2023 Consulting Services 162705 SolelyOn Broadcasting, LLC 500.00 10/05/2023 LTAC Advertising 162706 Special Services Group LLC 632.58 10/05/2023 Cover Track Annual Renewal 162707 Spokane Television, Inc.3,254.65 10/05/2023 LTAC Advertising 162708 Target Solutions Learning 512.61 10/05/2023 Training Software Licenses ‐ New Hires 162709 Traffic Safety Supply Company 12,174.56 10/05/2023 Street Sign Parts‐ Stock  162710 Trusteed Plans Service Corp 2,665.00 10/05/2023 2320 TPSC Disability 162711 Ups Freight 83.82 10/05/2023 Shipping & Weekly Service Fees 162712 Wa Cities Insurance Authority 23,479.84 10/05/2023 Insurance Deductable 162713 WA St Council Of FF Emp Ben 4,100.00 10/05/2023 2320 MERP 162714 Washington State Patrol 172.25 10/05/2023 Background Checks 162715 Weinstein Beverage Company 215.01 10/05/2023 General Parks Supplies 162716 Zoll Medical Corp 1,595.43 10/05/2023 Medical Supplies 162717 Agri‐Fix, LLC 371.02 10/10/2023 Outstanding Invoice 162718 Amazon Capital Services, Inc.577.29 10/10/2023 Amazon‐ Operating Supplies 162719 Anatek Labs, Inc.8,540.00 10/10/2023 Sample Testing 162720 Basin Bark 2,390.22 10/10/2023 Bark ‐ Pioneer Way Pilot Project 162721 Basin Septic Services Inc 110.00 10/10/2023 Portable Toilet Rental 162722 Bound Tree Medical LLC 3,513.17 10/10/2023 Ambulance and Medical Supplies 162723 Bud Clary Ford LLC 290.92 10/10/2023 Tube Assembly 162724 Central Manufacturing Inc 1,113.49 10/10/2023 Asphalt Patches 162725 CHS Inc 41,918.35 10/10/2023 Fuel for Vehicles ‐ September 2023 162726 Columbia Bearing Bdi 24.39 10/10/2023 V‐Belts 162727 Copiers Northwest Inc 129.73 10/10/2023 Equipment Contract Fees 162728 Corporate Translation Services, LLC 22.85 10/10/2023 Translation Services 162729 CSWW, Inc 530.05 10/10/2023 Winter Coat‐ Tony Vehrs 162730 Dell Marketing 4,435.48 10/10/2023 New Computers 162731 Empire Well Drilling, LLC 49,745.74 10/10/2023 Wells 9,17,31,33 & Dunes Well Rehab. 162732 Faber Industrial Supply 37.98 10/10/2023 Sockets COML Council Packet 10-24-23,Page 20 of 174 162733 Fastenal Company 503.93 10/10/2023 Misc. Parts 162734 Galls LLC 1,358.31 10/10/2023 Uniform Pieces ‐ SAFER Hires 162735 Grainger Parts Operations 4.20 10/10/2023 Replacement Bumper 162736 Ground Works Three, LLC 5,041.67 10/10/2023 Rental @ Sleep Center 162737 H D Fowler Company 1,148.51 10/10/2023 Gaskets for Hydrants 162738 Hochstatter Electric Inc 17.91 10/10/2023 125V Capacitor 162739 Hopesource 196,938.86 10/10/2023 Homeless Professional Services  162740 Industrial Construction of Washington 50,052.77 10/10/2023 Sand Dunes Biofilter Rebuild 162741 Inland Northwest Veterinary Dentistry 1,027.50 10/10/2023 K9 Rex Vet 162742 Jerrys Auto Supply 1,114.55 10/10/2023 Window Regulator 162743 Lad Irrigation Company Inc 86.33 10/10/2023 Ice Rink Supplies 162744 Lance, Soll & Lunghard, LLP 2,770.00 10/10/2023 Finance Professional Services 162745 Matrix Sciences International Inc.358.00 10/10/2023 Sample Testing 162746 McKesson Medical‐Surgical 959.94 10/10/2023 Medical Supplies 162747 Moon Security Services Inc 246.83 10/10/2023 Professional Services 162748 Oreilly Auto Parts 72.78 10/10/2023 UV Dye 162749 Pasco Tire Factory, INC 2,385.79 10/10/2023 Tires 162750 Pud Of Grant County 43,044.25 10/10/2023 Electric Utilities Services 162751 Racom Corporation 7,846.89 10/10/2023 Portable Radio Eq. # 157 162752 Rexel USA 105.97 10/10/2023 Straight Blade Sockets 162753 Shirtbuilders Inc 806.93 10/10/2023 Cheer Camp '23 Shirts 162754 Smarsh Inc 189.36 10/10/2023 Professional Archive 162755 SoftResources, LLC 8,000.00 10/10/2023 CityWorks Pro Services 162756 Traffic Safety Supply Company 2,674.23 10/10/2023 Handicap Symbol Premark 162757 Turf Star Western 594.80 10/10/2023 Diagnosis & Repair 162758 Valley Supply Co 717.29 10/10/2023 Measuring Wheel & Smart Level 162759 Verizon Wireless Services, LLC 355.00 10/10/2023 Phone Ping 162760 Waytek Inc 64.80 10/10/2023 Automotive Wire 162761 Weinstein Beverage Company 166.05 10/10/2023 Drinking Water 162762 Western Integrated Technologies, Inc 139.44 10/10/2023 Couplings 162763 Western States Fire, Inc.2,233.04 10/10/2023 Fire Extinguisher Services 162764 Whitmer Public Safety Group 925.69 10/10/2023 Rehab Chairs 162765 Angela Hunt 400.00 10/10/2023 Creative District Map Illustration 1,144,948.55$   COML Council Packet 10-24-23,Page 21 of 174 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: Kevin Fuhr, Interim City Manager 12714 Doug Coutts Parks, Recreation, and Cultural Services 10/24/2023 Consent Agenda Cascade Park and Lakeview Park Playground Acceptance City Manager City Attorney Community Development Finance Fire Human Resources Municipal Services Parks, Rec, & Cultural Services Police Technology Services 0.00$0.00$0.00$ Staff recommends Council accept the playgrounds installed at Cascade Park and Lakeview Park in 2022 and 2023. Two playgrounds were installed, one at Lakeview Park in 2022, the other at Cascade Park in 2023. There is retainage that needs to be released on these playgrounds. Formal acceptance of these playgrounds by Council is a necessary step to release the retainage. The playgrounds have been inspected and staff has recommended acceptance to PRCS Board. The PRCS Board recommends Council accept these playgrounds and allow the release of the retainage. None Options and Results Staff will follow appropriate procedures and the retainage will be released. Staff will bring back options for recommended changes. Staff will review and bring back other options to release the retainage.COML Council Packet 10-24-23,Page 22 of 174 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Kevin Fuhr, Interim City Manager 12903 Richard Law Municipal Services 10/24/2023 Consent Agenda Subject Latecomer Contract Proposal for Polo Ridge 4 Major Plat Reviewed and Approved by: City Manager City Attorney Community Development Finance Fire Human Resources Municipal Services Parks, Rec, & Cultural Services Police Technology Services 0.00$0.00$0.00$ Adopt Resolutions to establish Latecomer Contracts with Schneider Homes, Inc. for required water, sewer and street improvements associated with Polo Ridge 4 Major Plat. Polo Ridge 4 Latecomer Contracts.pdf 58.9KB Latecomer Streets Contract.pdf 596.97KB Latecomer Utility Contract.pdf 589.15KB Schneider Homes LCA streets resolution.docx 23.03KB Schneider Homes LCA utilities resolution.docx 22.86KB Schneider Homes, Inc. was required to install water and sewer utilities and full width street improvements as part of the Polo Ridge 4 Major Plat. They are requesting, pursuant to MLMC 3.65, to establish Latecomer Contracts for costs incurred to install the full width improvements and water and sewer utilities. These contracts will affect the benefited properties identified in the contracts. The proponent has submitted the required documents and paid the required processing fees. The City Engineer has reviewed the preliminary fee schedule, total project cost, and benefit area and find them to be reasonable and accurate. The City Engineer has notified all the identified property owners affected by the Latecomer contract by certified mail as required and received confirmation that there are no plans to contest the preliminary fee schedule. N/A Options and Results COML Council Packet 10-24-23,Page 23 of 174 Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: City Manager and Developer will sign the contract and it will be filed with the Grant County Auditors Office. Staff will bring back options for recommended changes. Contract will not be signed and Developer will not receive reimbursement for required Municipal Improvements. COML Council Packet 10-24-23,Page 24 of 174 COML Council Packet 10-24-23,Page 25 of 174 COML Council Packet 10-24-23,Page 26 of 174 COML Council Packet 10-24-23,Page 27 of 174 COML Council Packet 10-24-23,Page 28 of 174 COML Council Packet 10-24-23,Page 29 of 174 COML Council Packet 10-24-23,Page 30 of 174 COML Council Packet 10-24-23,Page 31 of 174 COML Council Packet 10-24-23,Page 32 of 174 COML Council Packet 10-24-23,Page 33 of 174 COML Council Packet 10-24-23,Page 34 of 174 COML Council Packet 10-24-23,Page 35 of 174 COML Council Packet 10-24-23,Page 36 of 174 COML Council Packet 10-24-23,Page 37 of 174 COML Council Packet 10-24-23,Page 38 of 174 COML Council Packet 10-24-23,Page 39 of 174 COML Council Packet 10-24-23,Page 40 of 174 COML Council Packet 10-24-23,Page 41 of 174 COML Council Packet 10-24-23,Page 42 of 174 COML Council Packet 10-24-23,Page 43 of 174 COML Council Packet 10-24-23,Page 44 of 174 COML Council Packet 10-24-23,Page 45 of 174 COML Council Packet 10-24-23,Page 46 of 174 COML Council Packet 10-24-23,Page 47 of 174 COML Council Packet 10-24-23,Page 48 of 174 COML Council Packet 10-24-23,Page 49 of 174 COML Council Packet 10-24-23,Page 50 of 174 COML Council Packet 10-24-23,Page 51 of 174 COML Council Packet 10-24-23,Page 52 of 174 COML Council Packet 10-24-23,Page 53 of 174 COML Council Packet 10-24-23,Page 54 of 174 COML Council Packet 10-24-23,Page 55 of 174 COML Council Packet 10-24-23,Page 56 of 174 COML Council Packet 10-24-23,Page 57 of 174 COML Council Packet 10-24-23,Page 58 of 174 COML Council Packet 10-24-23,Page 59 of 174 COML Council Packet 10-24-23,Page 60 of 174 COML Council Packet 10-24-23,Page 61 of 174 COML Council Packet 10-24-23,Page 62 of 174 COML Council Packet 10-24-23,Page 63 of 174 COML Council Packet 10-24-23,Page 64 of 174 RESOLUTION NO. 3958 A RESOLUTION APPROVING A LATECOMERS AGREEMENT BETWEEN SCHNEIDER HOMES, INC., AND THE CITY OF MOSES LAKE FOR PARTIAL REIMBURSEMENT FOR THE COST OF CONSTRUCTING A REQUIRED PUBLIC IMPROVEMENT. RECITALS: 1. The Moses Lake municipal code and the State Environmental Policy Act may require private development to make infrastructure improvements. 2. Chapter 35.72 RCW provides that, at the owner’s request, a municipality may contract with the owner of real estate for the construction or improvement of street facilities that the owner elects to install solely at the owner’s expense. The owner must submit a request for a contract to the municipality prior to the approval of the street improvements by the municipality. 3. MLMC 3.65 describes the process for a property owner or developer to request the execution of a latecomer agreement with the City Council for street improvements to provide for the partial reimbursement of the cost of constructing the street improvements. 4. Schneider Homes, Inc., completed construction improvement of street facilities as part of the Polo Ridge 4 Major Plat located on Paxson Drive, at the applicant’s expense. 5. As a result of installing this required improvement Schneider Homes, Inc., has submitted a proposed latecomer’s agreement, including a description of the methodology and the pro rata share for each property to the City seeking to be partially reimbursed for the cost of constructing the improvement. 6. The City accepted the improvements as complete on October 24, 2023, 7. The City Engineer reviewed and approved the method of assessment and cost of construction on September 25, 2023. 8. The City Engineer sent appropriate notices to all affected property owners via certified mail on September 28, 2023. RESOLVED: 1. The City Council of the City of Moses Lake, Washington, approves the Schneider Homes, Inc., Latecomers Agreement with Exhibits attached hereto and incorporated by this reference as if set forth in full. Adopted by the City Council on October 24, 2023. _______________________________ Don Myers, Mayor ATTEST: __________________________________________ Debbie Burke, City Clerk COML Council Packet 10-24-23,Page 65 of 174 RESOLUTION NO. 3959 A RESOLUTION APPROVING A LATECOMERS AGREEMENT BETWEEN SCHNEIDER HOMES, INC., AND THE CITY OF MOSES LAKE FOR PARTIAL REIMBURSEMENT FOR THE COST OF CONSTRUCTING A REQUIRED PUBLIC IMPROVEMENT. RECITALS: 1. The Moses Lake municipal code and the State Environmental Policy Act may require private development to make infrastructure improvements. 2. Chapter 35.91 RCW provides that, at the owner’s request, a municipality must contract with the owner of real estate for the construction or improvement of water or sewer facilities that the owner elects to install solely at the owner’s expense. The owner must submit a request for a contract to the municipality prior to the approval of the water or sewer facility by the municipality. 3. MLMC 3.65 describes the process for a property owner or developer to request the execution of a latecomer agreement with the City Council for water, sewer and/or stormwater facilities to provide for the partial reimbursement of the cost of constructing the water, sewer and/or stormwater facilities. 4. Schneider Homes, Inc., completed construction and extension of water and sewer utilities as part of the Polo Ridge 4 Major Plat located on Paxson Drive, at the applicant’s expense. 5. As a result of installing this required improvement Schneider Homes, Inc., has submitted a proposed latecomer’s agreement, including a description of the methodology and the pro rata share for each property to the City seeking to be partially reimbursed for the cost of constructing the improvement. 6. The City accepted the improvements as complete on October 24, 2023. 7. The City Engineer reviewed and approved the method of assessment and cost of construction on September 25, 2023. 8. The City Engineer sent appropriate notices to all affected property owners via certified mail on September 28, 2023. RESOLVED: 1. The City Council of the City of Moses Lake, Washington, approves the Schneider Homes, Inc., Latecomers Agreement with Exhibits attached hereto and incorporated by this reference as if set forth in full. Adopted by the City Council on October 24, 2023. _______________________________ Don Myers, Mayor ATTEST: __________________________________________ Debbie Burke, City Clerk COML Council Packet 10-24-23,Page 66 of 174 Council Staff Report Agenda Item Number: Department Proceeding Type Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: 12891 Municipal Services Consent Agenda To: Kevin Fuhr, Interim City Manager From Brian Baltzell For Agenda of: 10/24/2023 Subject Accept Improvements for Polo Ridge Phase 3 Major Plat Reviewed and Approved by: City Manager City Attorney Community Development Finance Fire Human Resources Municipal Services Parks, Rec, & Cultural Services Police Technology Services 0.00$0.00$0.00$ Staff recommends City Council adopt the resolution as presented. GD2021-182 POLO RIDGE PHASE 3 SHT 3 of 8.tif 348.43KB POLO RIDGE 3 CIVIL -POLO RIDGE 3-21-23.pdf 1.29MB Polo Ridge Phase 3 Resolution to accept improvements.docx 15.48KB The plang regulaons require all the street and ulity improvements installed in right-of-way and municipal easements to be accepted by City Council or bonded for prior to recording the plat and issuing building permits. The construcon plans are required to be reviewed and approved by City Staff prior to construcon. All the construcon work is inspected to assure compliance with the construcon plans and city standards. The street and ulity improvements in place will serve an Eleven (11) lot residenal subdivision. Upon acceptance, the City will be responsible for the maintenance and repairs of the improvements. A SUBDIVISION MAINTENANCE BOND or other approved security in the amount of $196,136.53 (50% of total costs of $392,273.05) to the City is required to be provided by the owners for the two year maintenance period which commences on the date of acceptance of the improvements by the City Council. Options and Results The improvements will be accepted, and the plat can be completed. COML Council Packet 10-24-23,Page 67 of 174 Provide Amended Direction: No Action Taken: Action would require staff to bring a revised resolution to Council for consideration. The City will not accept the plat improvements and the plat could not be completed. COML Council Packet 10-24-23,Page 68 of 174 COML Council Packet 10-24-23,Page 69 of 174 WVWWVWV SS FO FOSSSSSSSSSSSSSSSSSSSSSWWWWWWWVWVWVWVWVDSSWWWWWWWWWWWWWWWWWWWWWW W W W W W WWESTPOLOR IDG E DRI VEROYAL PALMDRIVEN NEWFIELD DRIVEDRIVEPAXSONDRIVELOT 1LOT 2LOT 3LOT 4LOT 5LOT 6LOT 7LOT 8LOT 9LOT 10LOT 11WWW50+64.01, 22.89'LEL:1096.00'50+59.65, 22.91'LEL:1095.98'DW 1 TYPE 2STA:50+05.00, 22.90'LTCB 1STA:49+93.02, 13.45'LTCB 2STA:49+93.02, 13.67'RTSSMH 1STA:50+44.39, 5.00'RT 51+59.46, 23.09'R EL:1096.48' 51+84.29, 22.95'L EL:1096.61' 52+06.66, 23.00'L EL:1096.72' SSMH 2 STA:53+05.98, 5.00'RT 53+37.37, 23.00'R EL:1097.37' 53+78.62, 23.00'L EL:1097.56' EXISTING SSMH STA:55+00.53, 10.88'RT STA:54+01.76, 9.84'LT 8'' MJxMJxFLANGE STA:53+91.75, 9.99'LT STA:53+81.75, 10.24'LT STA:52+15.96, 9.84'LT 8'' MJxMJxFLANGE STA:52+05.96, 10.01'LT TBC (PC) 50+61.66, 15.59'REL:1095.87'TBC (PT) 51+02.39, 15.59'REL:1096.07' TBC (PT) 53+62.13, 15.50'L EL:1097.17' TBC (POC) 53+12.73, 15.50'L EL:1097.12' TBC (PC) 52+63.33, 15.50'L EL:1096.88' TBC (PT) 52+05.97, 15.50'L EL:1096.59' TBC (POC) 51+85.41, 15.45'L EL:1096.48' TBC (PC) 51+64.88, 15.41'LEL:1096.39'TBC (PT) 51+02.41, 15.41'LEL:1096.08'TBC (POC) 50+82.03, 15.41'LEL:1095.96'TBC (PC) 50+61.66, 15.41'LEL:1095.87'STA:51+17.26, 46.03'LT STA:51+76.24, 45.37'LT STA:52+35.22, 45.01'LT STA:53+25.71, 42.89'LT STA:54+19.05, 39.73'LT STA:54+89.06, 39.56'LT STA:54+71.36, 42.08'RT STA:53+02.25, 38.74'RT STA:51+19.83, 45.72'RT 53+86.40, 23.00'L EL:1097.56' 55+16.88, 24.40'L EL:1096.75' 54+28.00, 23.00'R EL:1097.32' STA:30+16.07, 41.18'LTTBC (POC) 50+82.02, 15.59'REL:1095.97'EX-SSMHSTA:49+36.94, 24.58'LT STA:50+40.71, 15.41'LT STA:51+15.19, 15.27'LT STA:51+52.39, 15.41'LT STA:52+39.39, 15.50'LT STA:52+82.20, 15.46'LT STA:54+30.59, 15.50'LT STA:54+70.66, 15.50'LT DSD CB 4 STA:54+93.73, 14.02'LT CB 3 STA:54+93.73, 14.09'RT SDDW 2 TYPE 1 STA:54+80.17, 23.00'RT 50+04.30, 23.10'REL:1095.63' STA:55+02.35, 16.84'RT TBC (PC) 52+63.33, 15.50'R EL:1096.88'TBC (POC) 53+05.98, 15.50'REL:1097.09'TBC (PT) 53+48.63, 15.50'R EL:1097.30'XXXXXXXXXXX X X X STA:55+12.14, 20.56'LT50+0051+0052+0053+0054+00 55+0056+0056+0380+0081+0082+0070+0071+00 27+5028+0029+0030+00 IRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRWWWWWIRRIRRIRRIRRIRRIRRIRRPPPPPPE EE PPSHVV HHHHHHIRR IRRIRR IRRIRRIRRIRRWVWV WV STA:50+32.35, 45.75'LTSTA:50+39.98, 45.48'RT 80+0081+0082+00STREET SIGNSTA:70+88.58, 17.66'LTSTREET SIGN STA:80+87.47, 18.01'LT10751080108510901095110049+50EG 1095.42FG 50+00EG 1094.62FG 50+50EG 1093.93FG 51+00EG 1093.55FG 51+50EG 1093.97FG 52+00EG 1094.27 FG 52+50EG 1094.93 FG 53+00EG 1094.98 FG 53+50EG 1095.47 FG 54+00EG 1096.10 FG 54+50EG 1096.31 FG 55+00EG 1096.55 FG 55+50EG 1096.29 FG 56+00EG 1096.08 FG SSMH 1STA: 50+44.39RIM EL: 1095.52IE OUT: 1087.52SSMH 2STA: 53+05.98RIM EL: 1096.85IE IN: 1085.87IE OUT: 1085.77EXISTING SSMHSTA: 55+00.54RIM EL: 1096.42IE IN: 1084.17257.06 FT - 8'' PVC SEWER @ .0065 FT/FT191.69 FT - 8'' PVC SEWER @ 0.0083FT/FTPOLO RIDGE8" - C900 PVCEX - SSMHSTA: 49+36.79RIM EL: 1095.54IE IN:1075.97IE OUT: 1075.96 8" - C900 PVCIntersection with CrestviewSTA: 52+15.45EL: 1096.50Drywell 1STA: 50+05.00RIM EL: 1095.64IE IN:1092.717CB 1STA: 49+93.02RIM EL: 1094.96IE IN: 1092.78EI OUT:1092.75 DRYWELL 2 STA: 54+80.17 RIM EL: 1097.02 IE IN: 1093.96 CB 3 STA: 54+93.73 RIM EL: 1096.31 IE IN: 1094.05 IE OUT:1094.00 CB 2STA: 49+93.02RIM EL: 1094.99IE OUT: 1092.85 CB 4 STA: 54+93.73 RIM EL: 1096.29 IE OUT: 1094.12WATER CROSSSTA: 49+63.49EL: 1091.663.5' TYPICAL WATER TEESTA: 52+05.96EL: 1092.75WATER TEESTA: 53+91.76EL: 1093.583.5FT TYPICAL 12.7' of PVCFrom CB3 to DW225.1' of Ducal IronFrom CB3 to CB424.12' of Ducal IronFrom CB2 to CB111.76' of PVCFrom CB1 to DW12.00%-2.00%-0.31%0.62%0.50%-0.59%GRADE BREAK STA = 49+34.66ELEV = 1095.362GRADE BREAK STA = 49+52.16ELEV = 1095.712GRADE BREAK STA = 49+69.66ELEV = 1095.362GRADE BREAK STA = 49+91.16ELEV = 1095.294GRADE BREAK STA = 50+61.66ELEV = 1095.732GRADE BREAK STA = 53+81.76 ELEV = 1097.335 GRADE BREAK STA = 55+16.75ELEV = 1096.541REVISION NO.OFSHEET PROJ. NO.DATECHECKED BYDRAWN BYFOR: DATENO.BY REVISIONS 1 2 3 4 5 ENGCNW engineering ~ surveying ~ planning 249 North Elder Street, Moses Lake, WA 98837 Columbia NW Engineering, PS Ph: 509-766-1226 Fax: 509-766-6754 k:\projects\1-19-180__polo ridge 3 mp\production\civil\polo ridge civil design.dwg SHEET SIZEADJUSTED PROFILE AS SHOWN IN RED SEWER REVISION W/ POLO 3 & 4 INTEGRATION GRADING REVISION DLG DLG DC 3-21-23 12/2/22 8/12/2021 SCHNEIDER HOMES, INC. (PHIL GROSSO) POLO RIDGE PHASE 3 Concept Site Plan 1845 W. BROADWAY, MOSES LAKE, WA 98837CPDLG12/2/20221-19-18038024 X 36CENTERLINEPROPERTY LINEEDGE OF ASPHALTLINE LEGENDPROPOSEDEXISTINGMINOR SURFACE CONTOURMAJOR SURFACE CONTOUR########ROAD RIGHT-OF-WAYPROPOSEDEXISTINGWATER VALVECATCH BASINFIRE HYDRANTSYMBOL LEGENDTHRUST BLOCKWATER METERWWATER LINEWSSEWER MAIN LINESSDSTORM DRAIN LINESDEND CAPTEE22.5° ELBOW45° ELBOWWVEASEMENTDRYWELLDSEWER SYSTEM MANHOLES0GRAPHIC SCALEH.SCALE: 1" = FEETV.SCALE: 1" = FEET030330156660NORTHPLAN AND PROFILE - POLO RIDGE DRIVESCALE 1''=30'12CONSTRUCTION NOTES123456791011813141516INSTALL TYPE 'A' CURBS PER DETAIL A-4INSTALL SIDEWALK PER DETAIL A-5INSTALL 20' DRIVEWAY PER DETAIL A-6INSTALL ADA CURB RAMP PER DETAIL A-7INSTALL STREET SIGN PER DETAIL A-8INSTALL CATCH BASIN TYPE 1 PER DETAIL A-9INSTALL PRECAST CONCRETE DRYWELL PER DETAIL A-10INSTALL MONUMENT - TYPE II PER DETAIL A-11BINSTALL WATER VALVES PER DETAIL B-5INSTALL HYDRANT ASSEMBLY PER DETAIL B-6INSTALL WATER SERVICE PER DETAIL B-7INSTALL SEWER MANHOLE PER DETAIL C-1INSTALL SEWER SERVICE PER DETAIL C-3RELOCATE FH TO ROYAL PALM BLOW OFFENSURE THAT THE GRADE FOR NEW ASPHALT ISEQUIVALENT TO EXISTING ASPHALTINSTALL TEE WITH THRUST BLOCK PER DETAIL B-4333366667791212111111111111111313131313155555111616SEWER STUBPOLO RIDGE #344444444 CITY ENGINEER DATE APPROVED FOR CONSTRUCTION FIRE MARSHAL DATE APPROVED FIRE HYDRANT 1417REMOVE CONCRETE PAD AND CONNECT TO EXISTINGWATER MAIN VALVE171817TRANSITION TO NEW ROAD WIDTH18CONSTRUCTION LOCATION ONLYIRRIRRIGATION SLEEVE 19ALL HYDRANTS RUNS SHALL BE FULLY RESTRAINED1910STREET LIGHTELECT TRANSFORMERELECT HANDHOLDHFIBER HANDHOLDFIBER VAULTVELECTRICAL VAULTHEP20PRIOR TO CONSTRUCTION OF CONCRETE FOUNDATION, VERIFYWITH ENGINEER AND POST MASTER ON LOCATION OF MAILBOXUNIT20GENERAL NOTE :ALL ABOVE GRADE STRUCTURES THAT ARE BEYOND THE LIMITSOF THE ASPHALT STREET ARE REQUIRED TO BE ADJUSTED TOFINISH GRADE AND HAVE A CONCRETE PAD PLACED PERCOMMUNITY STANDARDS13191313131313COML Council Packet 10-24-23,Page 70 of 174 RESOLUTION NO. 3960 A RESOLUTION ACCEPTING STREET AND UTILITY IMPROVEMENTS FOR MUNICIPAL USE AS A PART OF THE POLO RIDGE PHASE 3 MAJOR PLAT Recitals: 1. Street and Utility improvements lying in dedicated right-of-way or easements are in place and connected to the City of Moses Lake’s street and utility systems as part of Polo Ridge Phase 3 Major Plat. The project includes full width street, water, sewer, and storm improvements to Polo Ridge Drive. 2. Said street and utility improvements have been installed in accordance with the City of Moses Lake’s Community Standards and were completed in July of 2023. 3. RCW 35.90.030, indicates that developer installed public street and utility facilities, should be accepted by the City of Moses Lake upon completion if the facilities are built to city standards. 4. A Subdivision Maintenance Bond shall be provided by the developer for a two-year maintenance period which commences on October 24, 2023 Resolved: 1. The City Council of the City of Moses Lake accepts the Polo Ridge Phase 3 Major Plat street and utility improvements as facilities of the City of Moses Lake and as such will charge for use of facilities as authorized by ordinance. 2. After October 24, 2023, all operational costs of the said street and utility improvements shall be borne by the City of Moses Lake as provided by city ordinance and subject to the required maintenance bond. 3. Subject to final inspection, after October 25, 2025, all further maintenance and operational costs of said street and utility improvements shall be borne by the City of Moses Lake, as provided by city ordinance. ACCEPTED by the City Council on October 24, 2023. ______________________________ Don Myers, Mayor ATTEST: _______________________________ Debbie Burke, City Clerk COML Council Packet 10-24-23,Page 71 of 174 Council Staff Report Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: Agenda Item Number: 12892 Department Public Works Proceeding Type Consent Agenda To: Kevin Fuhr, Interim City Manager From Brian Baltzell For Agenda of: 10/24/2023 Subject Accept Improvements for Polo Ridge Phase 4 Major Plat Reviewed and Approved by: City Manager City Attorney Community Development Finance Fire Human Resources Municipal Services Parks, Rec, & Cultural Services Police Technology Services 0.00$0.00$0.00$ Staff recommends City Council adopt the resolution as presented. GD2022-603 Polo Ridge 4 Sht 1 Cover Sheet.tif 765.79KB Polo Ridge Phase 4 Resolution to accept improvements.docx 15.62KB The plang regulaons require all the street and ulity improvements installed in right of way and municipal easements to be accepted by City Council or bonded for prior to recording the plat and issuing building permits. The construcon plans are required to be reviewed and approved by the City prior to construcon. All the construcon work is inspected to assure compliance with the construcon plans and city standards. The street and ulity improvements in place will serve a Fiy (50) lot residenal subdivision. Upon acceptance, the City will be responsible for the maintenance and repairs of the improvements. A SUBDIVISION MAINTENANCE BOND or other approved security in the amount of $557,740.98 (50% of total costs of $1,115,481.96) to the City is required to be provided by the owners for the two year maintenance period which commences on the date of acceptance of the improvements by the City Council. Options and Results The improvements will be accepted, and the plat can be completed. Action would require staff to bring a revised resolution to Council for consideration.COML Council Packet 10-24-23,Page 72 of 174 No Action Taken: The City will not accept the plat improvements and the plat could not be completed. COML Council Packet 10-24-23,Page 73 of 174 COML Council Packet 10-24-23,Page 74 of 174 RESOLUTION NO. 3961 A RESOLUTION ACCEPTING STREET AND UTILITY IMPROVEMENTS FOR MUNICIPAL USE AS A PART OF THE POLO RIDGE PHASE 4 MAJOR PLAT Recitals: 1. Street and Utility improvements lying in dedicated right-of-way or easements are in place and connected to the City of Moses Lake’s street and utility systems as part of Polo Ridge Phase 4 Major Plat. The project includes full width street, water, sewer, and storm improvements to North Paxson Drive, North Newfield Drive, Royal Palm Drive and West Windrose Drive. 2. Said street and utility improvements have been installed in accordance with the City of Moses Lake’s Community Standards and were completed in July of 2023. 3. RCW 35.90.030, indicates that developer installed public street and utility facilities, should be accepted by the City of Moses Lake upon completion if the facilities are built to city standards. 4. A Subdivision Maintenance Bond shall be provided by the developer for a two-year maintenance period which commences on October 24, 2023 Resolved: 1. The City Council of the City of Moses Lake accepts the Polo Ridge Phase 4 Major Plat street and utility improvements as facilities of the City of Moses Lake and as such will charge for use of facilities as authorized by ordinance. 2. After October 24, 2023, all operational costs of the said street and utility improvements shall be borne by the City of Moses Lake as provided by city ordinance and subject to the required maintenance bond. 3. Subject to final inspection, after October 25, 2025, all further maintenance, and operational costs of said street and utility improvements shall be borne by the City of Moses Lake, as provided by city ordinance. ACCEPTED by the City Council on October 24, 2023. ______________________________ Don Myers, Mayor ATTEST: _______________________________ Debbie Burke, City Clerk COML Council Packet 10-24-23,Page 75 of 174 Council Staff Report Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Agenda Item Number: 12894 Department Public Works Proceeding Type Consent Agenda To: Kevin Fuhr, Interim City Manager From Brian Baltzell For Agenda of: 10/24/2023 Subject Accept Improvements for Barrington Point 5 Phase 1 Reviewed and Approved by: City Manager City Attorney Community Development Finance Fire Human Resources Municipal Services Parks, Rec, & Cultural Services Police Technology Services 0.00$0.00$0.00$ Staff recommends City Council adopt the resolution as presented. GD2023-824 Barrington Point 5 Phase 1 Sheet #1 Cover Sheet.tif 885.77KB Barrington Point 5 Phase 1 Resolution to accept improvements.docx 15.8KB The plang regulaons require all the street and ulity improvements installed in right of way and municipal easements to be accepted by City Council or bonded for prior to recording the plat and issuing building permits. The construcon plans are required to be reviewed and approved by the City prior to construcon. All the construcon work is inspected to assure compliance with the construcon plans and City standards. The street and ulity improvements in place will serve a Nineteen (19) lot residenal subdivision. Sewer improvements were extended in future Saratoga Way and future Rambler Street with sewer services provided to each future lot for the future Barrington Point 5 Phases. Upon acceptance, the City will be responsible for the maintenance and repairs of the improvements. A SUBDIVISION MAINTENANCE BOND or other approved security in the amount of $302,953.53(50% of total costs of $604,907.05) to the City is required to be provided by the owners for the two year maintenance period which commences on the date of acceptance of the improvements by the City Council. Options and Results The improvements will be accepted, and the plat can be completed. COML Council Packet 10-24-23,Page 76 of 174 Provide Amended Direction: No Action Taken: Staff will bring back options for recommended changes. The City will not accept the plat improvements and the plat could not be completed. COML Council Packet 10-24-23,Page 77 of 174 RESOLUTION NO. 3962 A RESOLUTION ACCEPTING STREET AND UTILITY IMPROVEMENTS FOR MUNICIPAL USE AS A PART OF THE BARRINGTON POINT 5 PHASE 1 MAJOR PLAT Recitals: 1. Street and Utility improvements lying in dedicated right-of-way or easements are in place and connected to the City of Moses Lake’s street and utility systems as part of Barrington Point 5 Phase 1 Major Plat. The project includes full width street, water, sewer, and storm improvements to Lancer Street, extension of full width street, water, sewer and storm improvements to Saratoga Way. Sewer improvements extended in future Saratoga Way to future Rambler Street with sewer services stubbed to each lot in future Saratoga Way and future Rambler Street. 2. Said street and utility improvements have been installed in accordance with the City of Moses Lake’s Community Standards and were completed in September of 2023. 3. RCW 35.90.030, indicates that developer installed public street and utility facilities, should be accepted by the City of Moses Lake upon completion if the facilities are built to city standards. 4. A Subdivision Maintenance Bond shall be provided by the developer for a two-year maintenance period which commences on October 24, 2023 Resolved: 1. The City Council of the City of Moses Lake accepts the Barrington Point 5 Phase 1 Major Plat street and utility improvements as facilities of the City of Moses Lake and as such will charge for use of facilities as authorized by ordinance. 2. After October 24, 2023, all operational costs of the said street and utility improvements shall be borne by the City of Moses Lake as provided by city ordinance and subject to the required maintenance bond. 3. Subject to final inspection, after October 25, 2025, all further maintenance, and operational costs of said street and utility improvements shall be borne by the City of Moses Lake, as provided by city ordinance. ACCEPTED by the City Council on October 24, 2023. ______________________________ Don Myers, Mayor ATTEST: _______________________________ Debbie Burke, City Clerk COML Council Packet 10-24-23,Page 78 of 174 COML Council Packet 10-24-23,Page 79 of 174 Council Staff Report Agenda Item Number: Department Proceeding Type Expenditure Required:Amount Budgeted:Appropriation Required: 12654 Fire Old Business To: Kevin Fuhr, Interim City Manager From Brett Bastian, Chief For Agenda of: 10/24/2023 Subject Fire Impact Fee Ordinance and Resolution Reviewed and Approved by: City Manager City Attorney Community Development Finance Fire Human Resources Municipal Services Parks, Rec, & Cultural Services Police Technology Services 0.00$0.00$0.00$ Action Requested Staff requests Council move to adopt the ordinance establishing Fire Impact Fees and a second motion to adopt the resolution updating the citywide fee schedule. Packet Attachments (if any) ImpactFee_PP_2023Update.pptx Impact Fee Resolution Impact Fee Ordinance and Exhibit Overview The City Council held a study session on September 12, 2023, to review revised Fire Impact Fees. This matter was brought before Council in January 2020, but as the City's Capital Facilities plan had not been updated it was tabled. The City's Capital Facilities plan, including fire station inventory, has since been updated and staff is requesting Council approval to move forward with Fire Impact Fees. Fire Impact Fees are calculated on formulas outlined in the Impact Fee document attached and allow for a more streamlined approach to mitigate negative impacts to fire protection as a result of new development when compared to the monetary component review of SEPA mitigation for public safety. Documents attached to this review are a fire impact fee resolution, a fire impact fee ordinance, the impact fee rate study that was updated in 2023, and the Council presentation for fire impact fees that was presented at the study session on September 12, 2023. Establishment of impact fees would put the fees on the city's adopted fee schedule allowing developers to know up front what their fees are rather than individually calculating rates through the monetary component of SEPA for development subject to SEPA review. The establishment of impact fees would also spread the mitigation to all new development rather than just that development subject to SEPA review. COML Council Packet 10-24-23,Page 80 of 174 Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Establishment of fire impact fees allow for the collection of fees from new development based on established formulae in the rate study for mitigation of impacts to fire protection with regard to fire protection facilities (stations). Options and Results Authorization of Fire Impact Fees would allow collection of fees to be included on the city fee schedule. Staff will bring back options for recommended changes. Impact fees would not be adopted and no changes would be made to current operations. COML Council Packet 10-24-23,Page 81 of 174 10/9/2023 1 One time payment… …by new development… …for capital costs of facilities… …needed by new development Definition of Impact Fee Reasons to Charge Impact Fees Revenues: Needed for public facilities: ie: Fire Stations. Policy: Growth pays a portion of costs of growth related expansion of facilities so taxpayers don’t pay the whole cost. Quality of life / Public Safety: Public facilities keep up with growth 1 2 COML Council Packet 10-24-23,Page 82 of 174 10/9/2023 2 Rules for Impact Fees Fair Share Growth Only, not deficiencies Nexus of benefit Fee proportional to impacts Credits o No double charging •Cannot rely solely on impact fees •Cannot charge 100% of growth’s costs Capital Facilities Plan Part of the adopted comprehensive plan The Planning Commission has reviewed and has had opportunity to comment on both the capital facilities plan and the comprehensive plan. The Capital Facilities Plan lines out projected growth requirements for fire facilities. 3 4 COML Council Packet 10-24-23,Page 83 of 174 10/9/2023 3 Alternatives to Impact Fees Taxes The city is already receiving the maximum amount of tax authorized. Reduce level of service Less infrastructure, public expectation of fire suppression and emergency medical services would need to be lowered, lowered performance an additional deficiency points assigned by Washington Survey and Rating Bureau, increasing insurance costs for residential, commercial, and industrial occupancies. Performance standard requires revision and adoption by council to reflect the lowered expectation of performance. Alternatives to Impact Fees Forming a new Fire District/ Regionalization The formation of a new fire district: Ie: Grant County Fire District 1. Taxing authority would move to the new district. Would still need a benefit charge, levy, or other funding mechanism to provide for fire protection. Formation of a regional fire authority has similar funding issues to formation of a new fire district. Forming a fire protection region must be done extremely carefully to ensure existing resources are not “diluted” when forming a regional response with disparate response responsibilities. 5 6 COML Council Packet 10-24-23,Page 84 of 174 10/9/2023 4 Reasons to Charge Impact Fees Revenue: for needed public facilities Public Safety: Ensuring growth does not further dilute existing emergency response. Policy: growth pays a portion of costs, so taxpayers don’t pay the whole cost. Example: Fire Station 1 Constructed 1996 Response area, 1997: 6.82 Sq. Miles Current: 14.68 square miles 115% increase since opening. New Development Impacts New development has increased call volume. Existing facilities are not keeping pace with growth…more response volume means less availability for existing tax payers. The city has taken much needed steps in recent years to correct deficiencies: Fleet improvement program: Average age of Class A units under 7 years. Increased command and control functionality with staffing and apparatus. Significant improvement in staffing (we are looking at requesting a special rating by WSRB as we are close to moving to a Class 3 department with recent improvements—new station(s) would benefit this area). 7 8 COML Council Packet 10-24-23,Page 85 of 174 ORDINANCE NO. 3037 AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON, ADDING A NEW TITLE 21 DEVELOPMENT IMPACTS, AND CHAPTER 21.03 TO THE MOSES LAKE MUNICIPAL CODE TITLED “FIRE IMPACT FEES” THE CITY COUNCIL OF THE CITY OF MOSES LAKE DO ORDAIN AS FOLLOWS: Section 1. A new Title 21 “Development Impacts” is added to the Moses Lake Municipal Code. Section 2. A new chapter, 21.03, titled “Fire Impact Fees” is added to the Moses Lake Municipal Code as follows: Chapter 21.03 FIRE IMPACT FEES Sections: 21.03.010 Findings and authority. 21.03.020 Definitions. 21.03.030 Assessment of impact fees. 21.03.040 Collection of impact fees. 21.03.050 Independent fee calculations. 21.03.060 Exemptions. 21.03.070 Fire impact fees relating to change of use. 21.03.080 Adjustments. 21.03.090 Establishment of impact fee accounts. 21.03.100 Refunds. 21.03.110 Reserved 21.03.120 Use of funds. 21.03.130 Review of schedule, and fee increases, and ordinance. 21.03.140 Appeals. 21.03.150 Responsibility for payment of fees. 21.03.160 Existing authority unimpaired. 21.03.170 Fire impact fee schedule. 21.03.180 Administrative fees. COML Council Packet 10-24-23,Page 86 of 174 21.03.010 Findings and authority. The city council finds and determines that new growth and development in the city, including but not limited to new residential, commercial, retail, office, and industrial development, will create additional demand and need for fire protection facilities in the city and the council finds that new growth and development should pay a proportionate share of the cost of fire protection facilities needed to serve the new growth and development. The city has conducted a study documenting the procedures for measuring the impact of new developments on fire protection facilities. This study has contributed to the rates established in the fee schedule of the city of Moses Lake. The city has prepared a capital facilities plan documenting the impact of new development within the city. The city council accepts the methodology and data contained in the capital facilities plan. Therefore, pursuant to Chapter 82.02 RCW, the city council adopts this chapter to assess impact fees for new fire protection facilities within the city. The provisions of this chapter shall be liberally construed in order to carry out the purposes of the council in establishing the impact fee program. 21.03.020 Definitions. The following words and terms shall have the following meanings unless the context clearly requires otherwise. Terms otherwise not defined herein shall be defined pursuant to RCW 82.02.090, or given their usual and customary meaning. (a) “Act” shall mean the Growth Management Act, Chapter 36.70A RCW. (b) “Applicant” means the owner of real property according to the records of the Grant County department of records and elections, or the applicant’s authorized agent. (c) “Building Area” means the total square footage of the building, including basements and mezzanines. (d) “Building permit” means the official document or certification that is issued by the planning and building department and that authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, tenant improvement, demolition, moving or repair of a building or structure. (e) “Capital facilities” means the facilities or improvements included in the capital facilities plan. (f) “Capital facilities plan” means the capital facilities plan element of the city’s comprehensive plan adopted pursuant to Chapter 36.70A RCW, and such plan as amended. (g) “City” means the city of Moses Lake. COML Council Packet 10-24-23,Page 87 of 174 (h) “Council” means the city council of Moses Lake. (i) “Department” means the fire department. (j) “Director” means the director of the community development department, or the director’s designee. (k) “Dwelling unit” means a building, or portion thereof, designed for residential occupancy consisting of one or more rooms for living or sleeping purposes and containing kitchen, sleeping, and sanitary facilities for use solely by one family. (l) “Fire flow calculation area” means the total floor area as defined in Section 16.50.030 MLMC. (m) “Fire protection facilities” means fully equipped fire stations, administrative offices, training grounds and structures, maintenance facilities and other specialized facilities required for the City to locate and house firefighting and emergency medical equipment, and fire suppression equipment. (n) “Fire protection system improvements” means fire protection facilities that will benefit new development and that have been included in the city of Moses Lake’s capital facilities plan and are designed to provide service to service areas within the community at large (not private facilities). (o) “Gross floor area” means the total square footage of livable area of any dwelling unit and the gross leasable square footage area of any nonresidential building, structure, or use, including accessory uses. (p) “Hearing examiner” means the person who exercises the authority of Chapter 18.80. (q) “Impact fee” means a payment of money imposed by the city on an applicant prior to issuance of a building permit as a condition of granting a building permit in order to pay for the public facilities needed to serve new growth and development. “Impact fee” does not include a reasonable permit fee or application fee. (r) “Impact fee account” or “account” means the account established for the fire protection facilities’ impact fees collected. The account shall be established pursuant to this chapter and shall comply with the requirements of RCW 82.02.070. (s) “Independent fee calculation” means the study of data submitted by an applicant to support the assessment of an impact fee other than the fee in the schedule attached as set forth in Section 21.03.160. (t) “Interest” means the interest rate earned by local jurisdictions in the State of Washington Local Government Investment Pool, if not otherwise defined. COML Council Packet 10-24-23,Page 88 of 174 (u) “Low-income housing” means (1) an owner-occupied housing unit affordable to households whose household income is less than eighty percent of the Grant County median income, adjusted for household size, as determined by the United States Department of Housing and Urban Development (HUD), and no more than thirty percent of the household income is paid for housing expenses, or (2) a renter-occupied housing unit affordable to households whose income is less than sixty percent of the Grant County median income, adjusted for household size, as determined by HUD, and no more than thirty percent of the household income is paid for housing expenses (rent and appropriate utility allowance). In the event that HUD no longer publishes median income figures for Grant County, the city may use or determine such other method as it may choose to determine the Grant County median income, adjusted for household size. The director will make a determination of sales prices or rents which meet the affordability requirements of this section. An applicant for a low-income housing exemption may be a public housing agency, a private non-profit housing developer or a private developer. (v) “Multifamily housing” means building(s) having four (4) or more dwelling units designed for permanent residential occupancy resulting from new construction or rehabilitation or conversion of vacant, underutilized, or substandard buildings as defined in Chapter 18.23.020 MLMC (Zoning Code). (w) “Owner” means the owner of real property according to the records of the Grant County recorder’s office; provided, that if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the real property. (x) “Residential” means housing, such as single-family attached and detached dwellings, factory built residential structures, manufactures homes, duplexes, condominiums, multifamily dwellings and all other listed residential uses that may be described and approved under Chapter 18.20.030 MLMC. For the purpose of this chapter, an accessory dwelling unit, regulated in Section 18.20.055 MLMC, is considered an adjunct to the associated primary structure, and is not charged a separate impact fee. (z) “Square footage” means the square footage of the gross floor area of the development. 21.03.030 Assessment of impact fees. (a) The city shall collect impact fees, based on the fee schedule in Section 21.03.160, from any applicant seeking a building permit from the city. The City hereby establishes, as the service area for impact fees, the City of Moses Lake, including all property located within the corporate City limits and all property annexed into the City. The scope of the service area is hereby found to be reasonable and established based on sound planning and engineering principles, and consistent with RCW 82.02.060, as described in the Rate Study. COML Council Packet 10-24-23,Page 89 of 174 (b) All impact fees shall be collected from the applicant prior to issuance of the building permit based on the land use categories in Section 21.03.160. Unless the use of an independent fee calculation has been approved by the director, or unless a development agreement entered into pursuant to RCW 36.70B.170 provides otherwise, the fee shall be calculated based on the impact fee schedule in effect at the time a complete building permit application is filed. (c) The applicant shall submit all information requested by the department for purposes of determining the impact fee rate pursuant to Section 21.03.050. (d) For mixed use buildings or developments, impact fees shall be imposed for the proportionate share of each land use based on the applicable unit of measurement found on the citywide fee schedule. (e) For building permits within new subdivisions approved under Title 17 (Subdivisions), a credit shall be applied for any dwelling unit that exists on the land within the subdivision prior to the subdivision if the dwelling unit is demolished. The credit shall apply to the first complete building permit application submitted to the city subsequent to demolition of the existing dwelling unit, unless otherwise allocated by the applicant of the subdivision as part of approval of the subdivision. (f) At the time of issuance of any single-family detached or attached residential building permit, the applicant may elect to have the impact fee payment deferred until the building permit is completed or eighteen months after issuance of the building permits, whichever occurs first. The impact fee due and owing per subsection (c) of this section shall be paid prior to building permit final inspection, building permit final occupancy, or eighteen months after the date of building permit issuance, whichever is applicable. Applicants electing to use this deferred impact fee process shall grant and record a deferred impact fee lien against the property pursuant to RCW 82.02.050 and pay an administration fee with each respective building permit prior to issuance of such building permit. Deferral applicants are limited to twenty (20) deferrals annually. (g) Applicants may request that a credit(s) for impact fees be awarded for the value of any dedication of land for, improvement to, or new construction of any system improvements provided by the developer, to facilities that are identified in the city’s capital facilities plan and that are required by the city as a condition of approving the development. (h) Except as otherwise provided in this section, the city shall not issue any building permit unless and until the impact fee has been paid. COML Council Packet 10-24-23,Page 90 of 174 (i) The payment of impact fees may be delayed through a development agreement approved by the city council pursuant to Chapter 36.70B RCW, provided the following criteria are met: (1) Payment of fees may be delayed to no later than issuance of the certificate of occupancy; (2) The development agreement shall provide mechanisms, such as withholding of the certificate of occupancy and/or property liens, to assure that the city will collect the deferred fees; (3) The delay shall not reduce the availability of funds to implement the city’s adopted capital improvement program in a timely manner; and (4) Projects must provide significant public benefit, including but not limited to: (A) Projects that implement adopted city council goals; (B) Projects with economic benefit to the city; (C) Projects that involve partnerships with other governmental agencies; and (D) Projects that include affordable housing as defined by the Moses Lake Zoning Code. 21.03.040 Collection of impact fees. 1. Fire Impact Fees: a. Applicability: The City shall collect impact fees, based on the rates in the City of Moses Lake Fee Schedule, from any applicant seeking development approval from the City for any development activity within the City, when such development activity requires the issuance of a building permit or a permit for a change in use, and creates a demand for additional public facilities. b. Fire Impact Fee Basis and Amount: The maximum allowable fees shall be based on the fire capital facilities plan and the rate study developed by the Department, approved by the council, and adopted by the City as part of the capital facilities element of the City’s Comprehensive Plan and as a fire impact fee Rate Study. The rates to be charged are listed in the City of Moses Lake Fee Schedule. 2. Changes in Use or Tenancy: When an impact fee applies to a change of use permit, the impact fee shall be the applicable impact fee for the land use category of the new use, less any impact fee previously paid for the land use category of the prior use. For the purposes of this provision, a change of use should be reviewed based on the land use category provided in the Rate Study that best captures the broader use of the property COML Council Packet 10-24-23,Page 91 of 174 under development. Changes in use or tenancy, if consistent with the general character of the building or building aggregations (i.e., “industrial park,” or “specialty retail”) should not be considered a change in use that is subject to an impact fee. Further, minor changes in tenancies that are consistent with the general character of the included structure, building, or previous use should not be considered changes in use subject to an impact fee. If no impact fee was paid for the prior use, the impact fee for the new use shall be reduced by an amount equal to the current impact fee rate for the prior use. Vacant buildings shall be assessed as if in the most recent legally established use as shown on a locally owned business license or development permit documents. 3. Mixed Use: For mixed use developments, impact fees shall be imposed for the proportionate share of each land use, based on the applicable measurement in the impact fee rates in the City of Moses Lake Fee Schedule. 4. Timing of Assessment and Collection: Impact fees shall be determined at the time the complete application for a building permit or a permit for a change in use is submitted using the impact fees then in effect. A complete application shall be determined pursuant to Chapter 20.05.040 MLMC. Impact fees shall be due and payable before the building permit or permit for a change of use is issued by the City. Except if otherwise exempt, the City shall not issue the required building permit unless or until the fire impact fees are paid. 5. Documentation of Credit Required: Fee payers allowed credits prior to the submittal of the complete building permit application or an application for a permit for a change of use shall submit, along with the complete application, a copy of the letter prepared by the Director, or Fire Department official setting forth the dollar amount of the credit allowed. Impact fees, as determined after the application of any credits, shall be collected from the fee payer no later than the time a building permit or permit for a change of use is issued. 21.03.050 Independent fee calculations. (a) If, in the judgment of the director, none of the fee categories or fee amounts set forth in the fee schedule accurately describes the impacts resulting from issuance of the proposed building permit, the applicant shall provide to the department for its review and evaluation an independent fee calculation, paid for by the applicant. The director may impose on the proposed building permit an alternative impact fee based on the independent fee calculation. With the independent fee calculation, the applicant shall pay to the department an administrative processing fee provided for on the citywide fee schedule. (b) If an applicant requests not to have the impact fees determined according to the fee schedule, then the applicant shall submit to the director an independent fee calculation, paid for by the applicant, for the building COML Council Packet 10-24-23,Page 92 of 174 permit. The independent fee calculation shall show the basis upon which it was made. With the request, the applicant shall pay to the department the administrative processing fee of $500.00 unless a different fee is provided for in a different fee is provided for on the citywide fee schedule. (c) An applicant may request issuance of a building permit prior to completion of an independent fee study; provided, that the impact fee is collected based on the fee schedule in Section 21.03.160. A partial refund may be forthcoming if the fee collected exceeds the amount determined in the independent fee calculation and the department agrees with the independent fee calculation. (d) While there is a presumption that the calculations set forth in the capital facilities plan used to prepare the fee schedule are correct, the director shall consider the documentation submitted by the applicant, but is not required to accept such documentation which the director reasonably deems to be inaccurate or not reliable, and may, in the alternative, require the applicant to submit additional or different documentation. The director is authorized to adjust the impact fee on a case-by-case basis based on the independent fee calculation, the specific characteristics of the building permit, and/or principles of fairness. (e) Determinations made by the director pursuant to this section may be appealed to the hearing examiner subject to the procedures set forth in Section 21.03.140. 21.03.060 Exemptions. (a) The following building permit applications shall be exempt from impact fees: (1) Replacement of a structure with a new structure of the same gross floor area at the same site or lot when such replacement occurs within five years of the demolition or destruction of the prior structure. For replacement of structures in a new subdivision, see Section 21.03.030(e). (2) Replacement, alteration, expansion, enlargement, remodeling, rehabilitation, or conversion of an existing dwelling unit where no additional units are created and the work does not change the type of dwelling units. (3) Any building permit for a legal accessory dwelling unit approved under 18.20.055 MLMC, as it is considered part of the single-family use associated with this fee. (4) Alteration of an existing nonresidential structure that does not expand the usable space. (5) Miscellaneous improvements, including but not limited to fences, walls, swimming pools, mechanical units, and signs. COML Council Packet 10-24-23,Page 93 of 174 (6) Demolition or moving of a structure. (7)(A) Any applicant for the construction or creation of low-income housing may request an exemption of eighty percent of the required impact fee for low-income housing units subject to the criteria in subsection (a)(7)(C) of this section. (B) Any applicant for an exemption from the impact fees which meets the criteria set forth in subsection (a)(7)(C) of this section shall apply to the city manager for an exemption. The application shall be on forms provided by the city and shall be accompanied by all information and data the city deems necessary to process the application. (C) Exemption Criteria. To be eligible for the impact fee exemption established by this section, the applicant shall meet each of the following criteria: (i) The applicant must be proposing a greater number of low-income housing units or a greater level of affordability for those units than is required by the Moses Lake Zoning Code and/or the Moses Lake Municipal Code. The allowed exemption shall only apply to those low-income units in excess of the minimum required by code unless the development will be utilizing public assistance targeted for low- income housing. (ii) The applicant must demonstrate to the city manager’s satisfaction that the amount of the impact fee exemption is justified based on the additional affordability provided above that required by code and is necessary to make the project economically viable. (iii) The proposed housing must meet the goals and policies set forth in Chapter 4 of the city of Moses Lake comprehensive plan. (D) The city manager shall review applications for exemptions under subsection (a)(7)(A) of this section pursuant to the above criteria and shall advise the applicant, in writing, of the granting or denial of the application. In addition, the city manager shall notify the city council when such applications are granted or denied. (E) The determination of the city manager shall be the final decision of the city with respect to the applicability of the low-income housing exemption set forth in this subsection. (F) Any claim for exemption must be made before payment of the impact fee. Any claim not so made shall be deemed waived. The claim for exemption must be accompanied by a draft lien and covenant against the COML Council Packet 10-24-23,Page 94 of 174 property guaranteeing that the low-income housing use will continue. Before approval of the exemption, the planning and building department shall approve the form of lien and covenant, which shall, at a minimum, meet the requirements of RCW 82.02.060. Prior to issuance of a certificate of occupancy for any portion of the development, the applicant shall execute and record the approved lien and covenant with the Grant County recorder’s office. The lien and covenant shall run with the land. In the event the property is no longer used for low-income housing, the current owner shall pay the current impact fee plus interest to the date of the payment. (8)(A) Development activities of community-based human services agencies which meet the human services needs of the community such as providing employment assistance, food, shelter, clothing, or health services for low- and moderate-income residents. (B) Any applicant for an exemption from the impact fee which meets the criteria set forth in subsection (a)(8)(C) of this section shall apply to the city manager for an exemption. The application shall be on forms provided by the city and shall be accompanied by all information and data the city deems necessary to process the application. (C) Exemption Criteria. To be eligible for the impact fee exemption established by this section, the applicant shall meet each of the following criteria: (i) The applicant must have secured federal tax-exempt status under Section 501(c)(3) of the Internal Revenue Code. (ii) The applicant’s services must be responsive to the variety of cultures and languages that exist in the city. (iii) The applicant must provide services and programs to those considered most vulnerable and/or at risk, such as youth, seniors, and those with financial needs, special needs, and disabilities. (iv) The applicant’s services must meet the human services goals and policies set forth in Chapter 4 of the city of Moses Lake comprehensive plan. (v) The applicant shall certify that no person shall be denied or subjected to discrimination in receipt of the benefit of services and programs provided by the applicant because of sex, marital status, sexual orientation, race, creed, color, national origin, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability. COML Council Packet 10-24-23,Page 95 of 174 (vi) The applicant must provide direct human services at the premises for which the applicant is seeking exemption. (D) The city manager shall review applications for exemptions under subsection (a)(8)(A) of this section pursuant to the above criteria and shall advise the applicant, in writing, of the granting or denial of the application. In addition, the city manager shall notify the city council when such applications are granted or denied. (E) The determination of the city manager shall be the final decision of the city with respect to the applicability of the community-based human services exemption set forth in this subsection. (F) Any claim for exemption must be made before payment of the impact fee. Any claim not so made shall be deemed waived. The claim for exemption must be accompanied by a draft lien and covenant against the property guaranteeing that the human services use will continue. Before approval of the exemption, the department shall approve the form of lien and covenant. Within ten days of approval, the applicant shall execute and record the approved lien and covenant with the Grant County recorder’s office. The lien and covenant shall run with the land. In the event the property is no longer used for human services, the current owner shall pay the current impact fee plus interest to the date of the payment. (G) The amount of impact fees not collected from human services agencies pursuant to this exemption shall be paid from public funds other than the impact fee account. (9) Buildings or structures constructed as shelters that provide emergency housing for people experiencing homelessness and emergency shelters for victims of domestic violence as defined by state law. (10) Fire stations and fire protection facilities. (11) A development permit for a city project. (b) Unless otherwise established in this section, the director shall be authorized to determine whether a particular development for a proposed building permit falls within an exemption of this chapter or in this code. Determinations of the director shall be subject to the appeals procedures set forth in Chapter 21.03.140 MLMC. 21.03.070 Fire impact fees relating to change of use. The city shall not impose fire impact fees to the extent the assessment of the fee is the result of a change to a land use category that results in a higher fee than the fee schedule; provided, that this section shall not apply to a project: COML Council Packet 10-24-23,Page 96 of 174 (a) To the extent the project will add, increase, or expand the gross floor area of an existing building; or (b) For which a certificate of occupancy has been issued and the impact fees have been paid, but the tenant land use is changed before the space is occupied; and, provided further, that this section applies only to the use, renovation, or remodeling of existing structures, and does not apply to redevelopment projects or other projects in which existing structures are replaced or substantially redeveloped. 21.03.080 Adjustments. Pursuant to and consistent with the requirements of RCW 82.02.060, the city’s capital facilities plan has provided adjustments for past and future taxes paid or to be paid by the new development which are earmarked or pro-ratable to the same new system improvements that will serve the new development. The citywide fee schedule is reasonably adjusted each year for taxes and other revenue sources that are anticipated to be available to fund system improvements. 21.03.090 Establishment of impact fee accounts. (a) An impact fee account is established for the fees collected pursuant to this chapter and shall be entitled the fire impact fee account. Impact fees shall be earmarked specifically and deposited in the special interest- bearing account. Funds withdrawn from this account shall be used in accordance with the provisions of Section 21.03.110. Interest earned on impact fees shall be retained in the account and expended for the purpose for which the impact fees were collected. (b) On an annual basis, the finance director shall provide a report to the council on the account showing the source and amount of all moneys collected, earned, or received, and system improvements that were financed in whole or in part by impact fees. (c) Impact fees shall be expended or encumbered within ten years of receipt, unless the council identifies in written findings an extraordinary and compelling reason or reasons for the city to hold the fees beyond the ten- year period pursuant to RCW 82.02.070(3). Under such circumstances, the council shall establish the period of time within which the impact fees shall be expended or encumbered. 21.03.100 Refunds. (a) If the city fails to expend or encumber the impact fees within ten years of payment (or where extraordinary or compelling reasons exist, such other time periods as established pursuant to Section 21.03.090), the current COML Council Packet 10-24-23,Page 97 of 174 owner of the property for which impact fees have been paid may receive a refund of the fee. In determining whether impact fees have been expended or encumbered, impact fees shall be considered expended or encumbered on a first-in, first-out basis. (b) The city shall notify potential claimants by first class mail deposited with the United States Postal Service at the last known address of such claimants. (c) Property owners seeking a refund of impact fees must submit a written request for a refund of the fees to the director within one year of the date the right to claim the refund arises or the date that notice is given, whichever is later. (d) Any impact fees for which no application for a refund has been made within the one-year period shall be retained by the city and expended on the appropriate public facilities. (e) Refunds of impact fees under this chapter shall include any interest earned on the impact fees by the city. (f) If the city terminates the impact fee program, all unexpended or unencumbered funds, including interest earned, shall be refunded pursuant to this chapter. The city shall publish notice of the termination and the availability of refunds in a newspaper of general circulation at least two times and shall notify all potential claimants by first class mail to the last known address of the claimants. All funds available for refund shall be retained for a period of one year after the second publication. At the end of one year, any remaining funds shall be retained by the city, but must be expended for the appropriate public facilities. This notice requirement shall not apply if there are no unexpended or unencumbered balances within the account. (g) The city shall refund the impact fee paid plus interest to the current owner of property for which the impact fee had been paid, if the development was never completed or occupied; provided, that if the city expended or encumbered the impact fee in good faith prior to the application for a refund, the director may decline to provide the refund. If, within a period of three years, the same or subsequent owner of the property proceeds with the same or substantially similar development, the owner can petition the director for an offset. The petitioner shall provide receipts of impact fees previously paid for a development of the same or substantially similar nature on the same property or some portion thereof. The director shall determine whether to grant an offset, and the determinations of the director may be appealed pursuant to the procedures in Section 21.03.140. 21.03.120 Use of funds. (a) Pursuant to this chapter, impact fees may be spent for fire protection facilities and fire protection system improvements that will reasonably benefit the new development, including, but not limited to, architectural COML Council Packet 10-24-23,Page 98 of 174 and/or engineering design studies, land surveys, land acquisition, engineering, permitting, financing, administrative expenses, relocatable facilities, capital equipment, construction, site improvements, necessary off-site improvements, applicable impact fees or mitigation costs and other expenses which could be capitalized, and which are consistent with the city’s capital facilities plan. (b) Impact fees shall be expended or encumbered on a first-in, first-out basis. (c) Impact fees may be used to recoup costs for system improvements previously incurred by the city to the extent that new growth and development will be served by the previously constructed system improvements. (d) In the event that bonds or similar debt instruments are or have been issued for the advanced provision of system improvements, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that system improvements provided are consistent with the requirements of this chapter and are used to serve the new development. 21.03.130 Review of schedule, and fee increases, and ordinance. (a) The fee schedule will be amended to reflect changes to the capital facilities plan incorporated and adopted as Appendix C of the Comprehensive Plan. Amendments to the schedule for this purpose shall be adopted by the council. (b) The fees schedule shall be indexed to provide for an automatic fee increase each January 1st beginning in the year 2025. The June to June Seattle-Tacoma-Bellevue Area Consumer Price Index (CPI-W) will be used to determine the increase in fees for each year to reflect increased project costs. In the event that the fees are increased during the preceding calendar year due to changes to the capital facilities plan pursuant to subsection (a) of this section, the fees will not be indexed the following January. The finance and administration department shall compute the fee increase and the new schedule shall become effective immediately after the annual fee increase calculation. (c) A new rate study shall be updated every three years, unless the city determines that circumstances do not warrant an update. (d) Council shall review the efficacy of this ordinance every three years to determine whether any changes are needed. 21.03.140 Appeals. COML Council Packet 10-24-23,Page 99 of 174 (a) An appeal of an impact fee imposed on a building permit may only be filed by the applicant of the building permit for the subject property. An applicant may either file an appeal and pay the impact fee imposed by this chapter under protest or appeal the impact fee before issuance of the building permit. No appeal may be filed after the impact fee has been paid and the building permit has been issued. (b) An appeal shall be filed with the hearing examiner on the following determinations of the director: (1) The applicability of the impact fees to a given building permit pursuant to Sections 21.03.030 and 21.03.050; (2) The decision on an independent fee calculation in Section 21.03.050; or (3) Any other determination which the director is authorized to make pursuant to this chapter. (c) An appeal, in the form of a letter of appeal, along with the required appeal fee, shall be filed with the department for all determinations by the director, prior to issuance of a building permit. The letter must contain the following: (1) A basis for and arguments supporting the appeal; and (2) Technical information and specific data supporting the appeal. (d) The fee for filing an appeal shall beset forth in the adopted Moses Lake Fee Schedule. (e) Within twenty-eight calendar days of the filing of the appeal, the director shall mail to the hearing examiner the following: (1) The appeal and any supportive information submitted by the appellant; (2) The director’s determination along with the record of the impact fee determination and, if applicable, the independent fee calculation; and (3) A memorandum from the director analyzing the appeal. (f) The hearing examiner shall review the appeal from the applicant, the director’s memorandum, and the record of determination from the director. No oral testimony shall be given, although legal arguments may be made. The determination of the director shall be accorded substantial weight. COML Council Packet 10-24-23,Page 100 of 174 (g) The hearing examiner is authorized to make findings of fact and conclusions of law regarding the decision. The hearing examiner may, so long as such action is in conformance with the provisions of this chapter, reverse or affirm, in whole or in part, or modify the determination of the director, and may make such order, requirements, decision or determination as ought to be made, and to that end shall have the powers which have been granted to the director by this chapter. The hearing examiner’s decision shall be final. (h) The hearing examiner shall distribute a written decision to the director within fifteen business days. (i) The department shall distribute a copy of the hearing examiner’s decision to the appellant within five business days of receiving the decision. (j) In the event the hearing examiner determines that there is a flaw in the impact fee program, that a specific exemption per Section 21.03.030(c) should be awarded on a consistent basis, or that the principles of fairness require amendments to this chapter, the hearing examiner may advise the council as to any question or questions that the hearing examiner believes should be reviewed as part of the council’s review of the fee schedule as provided by Section 21.03.130. (k) The hearing examiner’s final decision is subject to appeal to the Superior Court of the state of Washington, Grant County, pursuant to the rules and regulations set forth in the Land Use Petition Act, Chapter 36.70C RCW. 21.03.150 Responsibility for payment of fees. (a) The building permit applicant is responsible for payment of the fees authorized by this chapter in connection with a building permit application. (b) In the event that a building permit is erroneously issued without payment of the fees authorized by this chapter, the building official may issue a written notice to the property owner and occupant advising them of the obligation to pay the fees authorized by this chapter. Such notice shall include a statement of the basis under which the fees under this chapter are being assessed, the amount of fees owed, and a statement that the property owner or occupant may appeal the fee determination within twenty calendar days of the date the notice was issued. Any appeals of such a fee determination shall be processed in accordance with the procedures set forth in Section 21.03.130. (c) If a property owner or occupant fails to appeal the issuance of a fee notice under subsection (b) of this section, or if the property owner or occupant’s appeal is unsuccessful, the city is authorized to institute collection proceedings for the purpose of recovering the unpaid impact fees. COML Council Packet 10-24-23,Page 101 of 174 21.03.150 Existing authority unimpaired. Nothing in this chapter shall preclude the city from requiring the applicant for a building permit to mitigate adverse environmental impacts of a specific development pursuant to the State Environmental Policy Act, Chapter 43.21C RCW, based on the environmental documents accompanying the underlying development approval process, and/or Chapter 58.17 RCW, governing plats and subdivisions; provided, that the exercise of this authority is consistent with the provisions of RCW 82.02.050(1)(c). 21.03.170 Fire impact fee schedule. The following descriptions will be listed on the citywide fee schedule to represents the city’s determination of the appropriate share of system improvement costs to be paid by new growth and development. The impact listed below is based on the city’s latest fire rate study. The fees shall be assessed against all new development based on development type in an amount provided for in the “Rate Study for Impact Fees for Fire Protection, which is filed in the office of the City Clerk and incorporated herein by this reference as if set forth in full. As authorized under Section 21.03.130(b), the schedule may automatically increase each January 1st based on the June-to-June Seattle-Tacoma-Bellevue Area Consumer Price Index. Land Use Type Unit of Development Commercial per Sq. Ft. Office and Industrial per Sq. Ft. Schools per Sq. Ft. Health Care per Sq. Ft. Government per Sq. Ft. Single-Family per Dwelling Unit Multifamily per Dwelling Unit 21.03.180 Administrative fees. COML Council Packet 10-24-23,Page 102 of 174 1. Account Established: The cost of administering the fire impact fee program includes an amount equal to five percent of the amount of the total fire impact fee determined from the base fees. Administrative fees shall be deposited into a separate administrative fee account within the impact fee account(s). Administrative fees shall be used to defray the actual costs associated with the assessment, collection, administration, and update of the impact fees. 2. Refunds, Waivers, and Credits: Administrative fees shall not be refundable, shall not be waived, and shall not be credited against the impact fees. Section 3. This ordinance shall take effect and be in force five (5) days after its 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 October 10, 2023. _____________________________________ Don Myers, Mayor ATTEST: _______________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: _______________________________________ Katherine L. Kenison, City Attorney Martinez Swartz Myers Fancher Madewell Eck Skaug Vote: Date Published: October 16, 2023 Date Effective: October 21, 2023 COML Council Packet 10-24-23,Page 103 of 174 RESOLUTION NO. 3956 A RESOLUTION AMENDING THE CITYWIDE FEE SCHEDULE TO INCLUDE THE NEW FIRE IMPACT FEES RECITALS: 1. The study for the development of Fire Impact Fees has been completed. 2. This study was conducted in accordance with RCW 82.02.090(7) and it was based upon the various land use categories within the City. 3. Fire Impact Fee Regulations were adopted by Ordinance 3027 on October 24, 2023. RESOLVED: 1. The Moses Lake City Council establishes Fire Impact Fees as follows. Fee Description Base Fee + Administrative Fee Code Reference Deferred Impact Administration - nte 20/yr $85.00 per request N-A MLMC 21.03.030(f) Independent Calculation $100.00 per request N-A MLMC 21.03.050(a) Single and Two Family Residential Development $420.85 $21.04 per unit MLMC 21.03.170-180 Multi-Family $420.85 $21.04 per unit “” Hospitals and Clinics $0.73 $0.0365 square foot “” Skilled Nursing and Licensed Care Facilities $0.73 $0.0365 square foot “” Hotel-Motel Development $0.26 $0.013 square foot “” Office Development $0.07 $0.0035 square foot “” Retail Development $0.07 $0.0035 square foot “” Industrial Development, with no connected on site suppression water storage $0.10 $0.005 square foot “” Industrial Development, with full fire flow suppression water storage on site $0.07 $0.0035 square foot “” Restaurants $0.03 $0.0015 square foot “” Churches $0.02 $0.001 square foot “” Education Development $0.02 $0.001 square foot “” 2. The Fire Impact Fees are established in accordance with RCW 82.02.090. 3. This fee schedule will be included in the City Fee Schedule. COML Council Packet 10-24-23,Page 104 of 174 Adopted by the City Council on October 24, 2023. ____________________________________ Don Myers, Mayor ATTEST: ______________________________________ Debbie Burke, City Clerk COML Council Packet 10-24-23,Page 105 of 174 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 Kevin Fuhr, Interim City Manager 12909 Kirsten Peterson Community Development 10/24/2023 New Business Interim Agreement for Sleep Center Operations City Manager City Attorney Community Development Finance Fire Human Resources Municipal Services Parks, Rec, & Cultural Services Police Technology Services 0.00$663,000.00$0.00$ Staff recommends that City Council authorize the City Manager to execute the Agreement with HopeSource for providing interim operations of the Open Doors Sleep Center. ML City Council - HopeSource Client Service Info Oct 2023.docx 73.79KB Sleep Center Operations - Interim Agreement Oct 2023.docx 24.62KB Hopesource ESG Sleep Center Mgmt Contract.pdf 1.07MB During the regularly scheduled meeting of September 26, 2023, City Council approved an amendment to the Agreement between the City of Moses Lake and HopeSource for management of the Sleep Center utilizing ESG-CV funds from the federal government. The contract was specifically tied to the use of the ESG funding source, and the amendment updated the contract amount and extended the time period of the original contract to conclude on September 30, 2023. This end date coincided with the end date of the ESG-CV grant. During that same meeting, Council directed staff to develop a new agreement with HopeSource to continue operations on an interim basis while Staff produced an RFP to solicit additional bids for operations of the Sleep Center. The attached agreement is a Memorandum of Understanding that allows for HopeSource to continue in the same manner of operations until the City has concluded the selection process for an operator and a permanent agreement can be reached with the chosen entity. The expired contract has been attached as Exhibit A to the MOU as it outlines the scope of services and guidelines under which HopeSource will continue to operate. In addition to the above described documents, there is an additional attachment to this report. It is a memo from HopeSource to City Council , which was provided in response to one of the questions raised following the HopeSource presentation held during the Council worksession of October 10, 2023. COML Council Packet 10-24-23,Page 106 of 174 Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: The contract will operated on a month to month basis. The funding for the continued operations will be provided through the recently approved Emergency Housing Fund (EHF) grant from the federal government. $663,000 dollars are available from July 1, 2023 through June 30, 2024. Options and Results Authorizing the Agreement with enable to Sleep Center to maintain existing operations until such time that a permanent agreement can be reached with an operational entity. Staff will bring back options for recommended changes. There will not be an operations manager for the Sleep Center and the City will be unable to continuing provide the overnight sleeping shelter in the community until such time that a new operator is selected. COML Council Packet 10-24-23,Page 107 of 174 Ph. 844.831.4673 www.hopesource.us info@hopesource.us Client Service Numbers: All Households Total households served: 675 Currently Active: 205 Positive Exits: 287 Success Rate: 61% Veteran Households Total households served: 42 Currently Active: 20 Positive Exits: 22 positive exits Success Rate: 100% Case Management Services: In the last meeting, the City Council raised a crucial question: "With nine advocates in Grant County, each capable of serving 20 clients, why are 158 homeless individuals identified in the PIT count not provided with a Client Advocate?" We would like to take this opportunity to provide a comprehensive response. Our client advocates conduct Outreach on a regular basis and interact with the current, identified homeless population providing referrals to resources, encouragement and access to housing options including the Sleep Center, Enhanced Shelter, or Rapid Rehousing opportunities. 15% to 20% of our client advocates’ time is dedicated to these efforts, engaging with this population (158 at last count) while the remainder is dedicated to achieving our ultimate objective: securing long-term, permanent housing solutions. This means that we don't simply stop at Outreach or initial housing; we work with landlords and multiple other service providers and continue to provide support services and financial aid to our clients, gradually reducing our involvement until they are self-sufficient and equipped for sustained success, reducing the chances of returning to homelessness. Those Support Services are ongoing for weeks or months, depending on the needs of the individual and their progress towards sustainability and self-sufficiency and these efforts constitute the bulk of our Client Advocates activity. In practice, while every client enters our program as unhoused, the County Report Card for Washington State Homeless System Performance for Grant Count shows 70% Exits to Permanent Housing in 2022 vs. a low of 38% in 2017. This improved outcome was not achieved by one agency but is a result of all the efforts of the City of Moses Lake, Grant County and numerous providers of shelter, housing, and other services to the homeless population. While we have achieved notable successes in our work with clients within the community, the stark reality is that the low vacancy rate and the scarcity of affordable housing continue to push more individuals into homelessness daily. TO: MOSES LAKE CITY COUNCIL FROM: HOPESOURCE SUBJECT: CLIENT SERVICE INFORMATION COML Council Packet 10-24-23,Page 108 of 174 To make genuine progress in ending homelessness, our community must make a strategic investment in a pathway to permanence and affordable housing. We want to emphasize that our support is always accessible to anyone in need, even if it does not happen immediately. We are steadfast in our commitment to assist anyone who reaches out for help. COML Council Packet 10-24-23,Page 109 of 174 Memorandum of Understanding BETWEEN HopeSource AND The City of Moses Lake This Interim Agreement ("Agreement") is made and entered into on this 24th day of October, ("Effective Date"), by and between HopeSource, a nonprofit organization, having its principal place of business at 606 w. 3rd Ave, Ellensburg, WA, hereinafter referred to as "HopeSource," and the City of Moses Lake, a municipal corporation, located at 401 S. Balsam Street Moses Lake WA, hereinafter referred to as the "City." WHEREAS, HopeSource has been operating the Open Doors Sleep Center under the existing guidelines in cooperation with the City of Moses Lake under a previous contract entered into on October 31, 2020 and concluding on September 30, 2023; and WHEREAS, both parties recognize the importance of continuing to provide shelter and services to individuals in need; NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, HopeSource and the City of Moses Lake agree as follows: 1. Scope of Services: a. HopeSource shall continue to operate the Open Doors Sleep Center in accordance with the existing guidelines established by the parties, as described in the expired October 31, 2020 contract attached as Exhibit A. b. The City shall provide necessary support, as reasonably required, to ensure the smooth operation of the Sleep Center. 2. Billing and Administration: a. HopeSource shall invoice the City of Moses Lake for the operational costs of the Open Doors Sleep Center on a cost-plus-10% administrative basis. b. The cost-plus-10% administrative fee shall cover all operational expenses incurred by HopeSource in running the Sleep Center, including but not limited to staffing, utilities, maintenance, and supplies. c. Invoices shall be submitted on a monthly basis, and payments shall be made within thirty (30) days from the date of receipt of the invoice. 3. Term: a. This interim Agreement shall be effective as of the Effective Date and shall remain in effect until the Emergency Housing Fund grant funds are awarded or until either party provides a written notice of termination with at least thirty (30) days' notice. 4. Termination: a. Either party may terminate this Agreement for any reason by providing written notice to the other party with at least thirty (30) days' notice. b. In the event of termination, the parties shall work together in good faith to ensure a smooth transition of operations. COML Council Packet 10-24-23,Page 110 of 174 5. Governing Law: a. This Agreement shall be governed by and construed in accordance with the laws of the State of [State]. This interim Agreement represents the understanding between HopeSource and the City of Moses Lake for the continued operation of the Open Doors Sleep Center. Both parties shall act in good faith to fulfill the terms and objectives outlined herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date. HopeSource By: ___________________________ Date: ________________________ Susan Grindle CEO City of Moses Lake By: ___________________________ Date: ________________________ Kevin Fuhr City Manager COML Council Packet 10-24-23,Page 111 of 174 AGREEMENT BETWEEN THE OTV OF MOSES LAKE AND HOPESOURCE FOR SLEEPING CENTER MANAGEMENT & UTILIZATION OF COVID-19 EMERGENCY SOLUTION GRANTS FUNDS _ ... IHIS AG.REEM ENT, enteredJnto.thls( 0�. day_ of k}Q\k�Y,1'2020,.by and between the City of Moses Lake (herein called the "City") and HopeSource {herein called the "Sub-Grantee") WHEREAS, the City will receive funds through Grant County from the Washington State Department of Commerce's ("Grantor") COVID-19 Emergency Solution Grant Funds to provide operations of an Emergency Shelter and a Sleeping Center for people who are experiencing homelessness; and WHEREAS, the City wishes to engage the Sub-Grantee to assist the City In utilizing such funds to develop the infrastructure to support the needs of the City's chronica fly homeless populations. WHERAS, the City entered into a contract with HopeSource with an end date of October 31st, 2020 and remaining COVIO-19 Grant Funds needed to be re-purposed. NOW, THEREFORE, it is agreed between the parties hereto that: 1: Scope of Services A.Funds will be utilized to carry out the services set forth on the Grant County Plan to End Homelessness, attached as Exhibit A and Incorporated herein and as revised or amended, and subject to the budget submitted to Grant County, attached as Exhibit B to this agreement and Incorporated herein and as revised or amended and approved by Grant County. B.The Sub-Grantee agrees to provide management services of the Sleeping Center operated by the City, following all policies and criteria as designated In the City's Administrative Policies governing the use of the Sleeping Center, attached as Exhibit C. c.The Sub-Grantee agrees to provide outreach to the City's chronically homeless population for the purposes of assessing the need for services, including intake In Coordinated Entry, case Management, Housing Placement as applicable and available, and referrals to Emergency health services, Emergency mental health services, transportation, services for special populations and Rapid Re-housing and Prevention. D.Sub-Grantee agrees to be subject to the Department of Commerce Grant guidelines incorporated herein by reference as may hereafter be amended. E.Sub-Grantee agrees to manage the Sleeping Center and provide services In accordance with all health and safety guidelines established by the County's Health Officer and other guidance as offered by the CDC, Department of Commerce and other governmental agencies. EXHIBIT A COML Council Packet 10-24-23,Page 112 of 174 F. The Sub-Grantee shall establish and maintain administrative, financial, reporting and record keeping systems consistent with this Grant Agreement and the Department of Commerce requrrements, G. Thefollowingreporting/adrninistrativeactivitiesareincludedaspartoftheScopeofServices: 1 , Program Guidelines: The Sub-Grantee must develop and maintain updated program policies and procedures for the funded program/service, Within 30 days of the Sub-Grant award, the Sub-Grantee must submit a copy of the program policies/procedures to the City for review and make revisions as required to align with the Emergency Solutions Grant. 2. Progress Reports: The Sub-Grantee shal! submit regular progress reports monthly to the City in the form, content, and frequency as required by the City. Completed reports shall be submitted to the City contract representative. 3. Grantor Meetings: The Sub-Grantee agrees to send at least one agency representative to all mandated Grantor meetings unless specifically exempted. 4, Program Staff Training: Sub-Grantee staff who provide direct program services, supervise direct service staff, or manage homeless grants are required to attend professional development training at least once every three years. TIME OF PERFORMANCE Services of the Sub-Grantee shall start no earlier than the 1"' day of November 2020 and shall end on the 31"' day of October 2021. The term of this Agreement and the provisions herein may be extended at the City's discretion to cover any additional time period during which grant funds remain unspent, the funded project has not been completed, and/or the minimum level(s) of program services have not been met. Ill. BUDGET A. The Sub-Grantee may charge eligible expenses in accordance with Exhibit B. B. Any general administration expenses shall be identified herein, and if any indirect costs are charged, the Sub-Grantee shall submit an indirect cost allocation plan for determining the appropriate Sub-Grantee"s share of administrative costs to the City for prior approval. Administrative expenses shall not exceed the limits imposed by the Department of Commerce. C, Administrative and facillty support expenses cannot be billed by equal monthly distributions of the budget amount. These costs must be charged in compliance with the Department of Commerce requirements. D. Any amendments to the budget must be approved in writing by both the City and the Sub- Grantee and may be subject to approval by Grant County. E. In the event funding from state, federal, local, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Grant Agreement and prior to normal completion, the City may terminate the Grant Agreement under the "Termination for COML Council Packet 10-24-23,Page 113 of 174 Convenience" clause, without the ten business day notice requirement. In lieu of termination, the Grant Agreement may be amended to reflect the new funding limitations and conditions. INVOICING & PAYMENT A. It is expressly agreed and understood that the total amount to be paid by the City under this Agreement shall not exceed One Hundred Seventy Thousand Dollars (S170,000). B. Reirnbursement requests for the payment of eligible expenses shall be made against the line item budgets specified in Section Ill herein and in accordance with performance. C. Nopaymentsinadvanceoforinanticipationofgoodsorservicestobeprovidedunderthis Grant Agreement shall be made by the City. D. The Sub-Grantee shall submit invoices on a monthly basis. Invoices are due on the I0th ofthe month following the provision of services. Invoices received after the I0th of the month will be held for payment until the City's next regularly scheduled monthly billing cycle. If the Ith falls on a holiday or weekend, invoices will be due on the next business day. E. Invoices shall be submitted in a form provided by the City and shall include accompanying proof of expenses as documented by an expanded general ledger. F. Payment shall be considered timely if made by the City within thirty (30) calendar days after receipt of properly completed invoices. G. All services provided by the Sub-Grantee pursuant to this Grant Agreement shali be performed to the satisfaction of the City, as determined at the sole discretion of its authorized representative, and in accord with all appiicable federal, state, and local laws, ordinances, rules and regulations. The Sub-Grantee shal! not receive payment for work found by the City to be unsatisfactory, or performed in violation of federal, state, or local law, ordinance, rule or regulation. Failure of the Sub-Grantee to comply with provisions of this Agreement may result in the withholding offuture payments. H. The City reserves the right to withhold funds in an amount to compensate the City for the noncompliance in addition to any other remedies available at law in or in equity. 1. TheCityshallnotpaytheSub-Grantee,iftheSub-GranteehaschargedorwillchargetheState of Washington or any other party under any other grant, subgrant/subcontract, or agreement for the same services or expenses. J. The Sub Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subgrantees. RIGHTOF INSPECTION & PERFORMANCE MONITORING The Sub Grantee shall provide right of access to its facilities to the City, the Washington State Department of Commerce, or to any other authorized agent or official of the state of Washington or the federal government, at atl reasonable times, in orderto monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. The City will monitor the performance of the Sub Grantee against this Agreement and, as applicable, for compliance with the Department of Commerce Grant Guidelines as may hereafter be amended. All Sub Grantee records with respect to any matters covered bythis Agreement shall be made available to the City, the State, or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Substandard performance as determined by the City COML Council Packet 10-24-23,Page 114 of 174 or the State will constitute noncompliance with this Agreement. The consequences of noncompliance are as follows: A. If the City determines that the Sub Grantee is failing to comply with the Guidelines or Terms and Conditions, the City will notify the Sub Grantee in writing that the Sub Grantee will receive technical assistance and will be required to respond to a correction action plan to address and remedy the noncompliance. B. If the Sub Grantee remains out of compliance after the probationary period, the City may . . terminate the Grant Agreement per the Termination for Cause clause. Vl, ADMINISTRATIVE REQUIREMENTS A. Financial Management/Accounting Standards: The Sub Grantee agrees to comply wlth standard accounting principles and procedures, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. The Sub Grantee agrees to be subject to periodic agency audits as requested by the City or other governmental agency. B.Insurance: l.The Sub Grantee shall provide insurance coverage that shall be maintained in full force and effect during the term of this Grant, as follows: a. Commercial General Liability Insurance Policy including contractual/grant liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Grant Agreement activity but no less than S2,000,000 aggregate per occurrence. Note: local Government Sub Grantees that Participate in a Self-Insurance Program - With prior approval from the City, the Sub Grantee may provide the coverage above under a self-insured/liability pool or self-insured risk management program. In order to obtain permission from the City, the Sub Grantee shall provide: (1) a description of its self-insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and deductibles. All self-insured risk management programs or self- insured/liability pool financial reports must comply with Genera!ly Accepted Accounting Principles (GMP) and adhere to accounting standards promulgated by: 1) Governmental Accounting Standards Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3} the Washington State Auditor's annual instructions for financial reporting. Sub Grantees participating in joint risk pools shall maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. The State of Washington or the City of Moses Lake, its agents, and employees need not be named as an additional insured under a self-insured property/liability pool, if the pool is prohibited from naming third parties as an additional insured. b. Automobile Liability: In the event that performance pursuant to this Grant Agreement involves the use of vehicles, owned or operated by the Sub Grantee, automobile liability insurance shall be required. The minimum limit for automobile liability is Sl,000,000 peroccurrence, using a Combined Single Limitfor bodily injury and property damage. COML Council Packet 10-24-23,Page 115 of 174 2. The insurance required shall be issued by an insurance company authorized to do business within the State of Washington. 3. Except for sub grantees participating in a self-insurance program, the insurance shall name the State of Washington and the City of Moses Lake, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. 4,, The Sub Grantee shall submit iothe City within 15 calendar days of the Grant Agreement start date, a certificate of insurance which outlines the coverage and !imits defined in this insurance section. During the term of the Grant Agreement, the Sub Grantee shall submit renewal certificates not less than thirty (30} calendar days prior to expiration of each policy required under this section. 5. The Sub Grantee shall instruct its insurers to give the City thirty {30) calendar days advance notice of any insurance cancellation, non-renewal, or modification. Vll.RECORDS MAINTENANCE/STORAGE/RETENTION AND CLIENT CONFlDENTIAuTY A, Records Maintenance: The Sub Grantee shall maintain all records that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: 1. Records providing a full description of each activity undertaken; 2. Records demonstrating that each activity undertaken meets one of the eligible activities of the COVID-19 Emergency Housing Grant program; 3. Records demonstrating the eligibility of activity beneficiaries; 4. Records required to document the acquisition, improvement, use, or disposition of real property acquired orirnproved with City assistance; and 5. Financial records. B. Records Retention: The Sub Grantee shall maintain all books, records, documents, data and other evidence relating to this Grant Agreement and performance of services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Grant Agreement. Sub Grantee shall retain such records for a period of six years following the date of final grant payment. At no additional cost, these records shall be subject at reasonable times to inspection, review, or audit by the City, the Washington State Department of Commerce, personnel duly authorized by the City or Commerce, the Office of the State Auditor, and federal and state officials so authorized by iaw, regulation, or agreement. If any litigation, claim, or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. The Sub Grantee must destroy paper records derived from the Homeless Management Information System {HMIS) which contain personally identifying COML Council Packet 10-24-23,Page 116 of 174 information within seven (7) years after the last day the household received services from the Sub Grantee. C. ConfidentialityofClientRecords:SubGranteesshallmaintainclientrecordsinaconfidential manner as per RCW 43.18SC.030 and keep written records or files pertaining to clients under lock and key with only designated personnel granted access. Vlll. GENERAL CONDITIONS . A .The Sub Grantee shall comply with all applicable laws, ordinances, codes, regulations, and policies of local, state, and federal governments, as now or hereafter amended including, but not limited to: 1. Affirmative Action, RCW 41.06.020(1) 2. Boards of Directors or Officers of Non-profit Corporations - Liability- limitations, RCW 4.24.264 3. Disclosure-Campaign Finances-Lobbying, Chapter42.l7 RCW 4. Federal Hatch Act 5 USC 1501-1508 5. Discrimination - Human Rights Commission, Chapter 49.60 RCW 6, Ethics in Public Service, Chapter 42.52 RCW 7. Office of Minority and Women's Business Enterprises, Chapter 39.19 RCW and Chapter 326-02 WAC 8. Open Public Meetings Act, Chapter 42.30 RCW 9. Public Records Act, Chapter 42.56 RCW 20. State Budgeting, Accounting, and Reporting System, Chapter 43.88 RCW B. Ameri>ns with Disabilities Act ADA ofl990 Public Law 101-336 also referred to as the "ADA" 28 CFR Part 35: The Sub Grantee must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment public accommodations, state and local government services, and telecommunications. C. Licensing, Accreditatfon, and Registration: The Sub Grantee sha!l comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the peformance of this Grant. D. Prohibitions: 1. Sub Grantees may not require households to participate In religious services as a condition of receivlng program assistance. 2. Sub Grantees may not deny emergency shelter to households that are unable to pay fees for emergency shelter. 3. If a program serves households with children, the age of a minor child cannot be used as a basis for denying any household's admission to the program. 4. If a program serves households with children, the program must serve all family compositions. 5. If a program operates gender-segregated facilities, the program must allow the use of facilities consistent with the client's gender expression or identity. E. Noncompliance with Nondiscrirmnation Laws: During the performance of the Sub Grant, the Sub Grantee shall comply with all federal, state, and local nondiscrimtnation laws, regulations, and policies. In the event of the Sub Grantee's noncompliance or refusal to comply with any COML Council Packet 10-24-23,Page 117 of 174 nondiscrimination law, regulation, or policy, the Grant Agreement may be rescinded, canceled, or terminated in whole or part, and the Sub Grantee may be declared ine(igible for further grants with the City. The Sub Grantee shall, however, be given a reasonable time in which to remedy the noncompliance. F. Conformance:IfanyprovisionofthisGrantAgreementviolatesanystatuteorruleoflawofthe State of Washington, it is considered to be modified to conform to that statute or rule of law. G, Independent Contractor: Nothing contained in this Agreement is intended to, or shall be construed ioany.mar'iner, as creatingor esj:abJishing.the relationship of employer!employee between the parties. The Sub Grantee shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. All payments for payroll taxes, unemployment contributions, FICA, retirement, life and/or medical insurance, Workers' Compensation !nsurance and any other taxes or expenses for the Sub Grantee's staff shall be the sole responsibility of the Sub Grantee. H, lndustriallnsuranceCoverage:TheSubGranteeshallcomplywithallapplicableprovisionsofTitle 51 RCW, Industrial Insurance. If the Sub Grantee fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, the City may collect from the Sub Grantee the full amount payable to the Industrial Insurance Accident Fund. The City may deduct the amount owed by the Sub Grantee to the accident fund from the amount payable to the Sub Grantee by the City under this Grant, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services, This provision does not waive any of L&l's rights to collect from the Sub Grantee. I, Indemnification: To the fullest extent permitted by law, the Sub Grantee shall indemnify, defend, and hold harmless the City of Moses Lake, the state of Washington, the Washington State Department of Commerce, all other agencies of the state and all officials, agents, and employees of the state, from and against all claims or damages for injuries to persons or property or death arising out of or resulting from the Sub Grantee's performance or failure to perform the Grant. The Sub Grantee's obligation to indemnify, defend, and hold harmless includes any claim by the Sub Grantee's agents, employees, or representatives. Commerce, the State of Washington, and the City of Moses Lake are not liable for claims or damages arising from the Sub Grantee's performance of the sub grant. The Sub Grantee's obligation to indemnify, defend, and hold harmless shall not be eliminated or reduced by any actual or alleged concurrent negligence of the City and State or its agents, agencies, employees, and officials. The Sub Grantee waives it immunity under Title 51 RCW to the extent it is required to indemnify, defend, and hold harmless the City and the state and its agencies, officials, agents, or employees. J. AssiHnab?lity: Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the Sub Grantee without prior written consent of the City. K, Subcontracts. 1. The Sub Grantee shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the City prior to the execution of such agreement. COML Council Packet 10-24-23,Page 118 of 174 2. EverysubcontractshallbindtheSubcontractortofollowallapplicabletermsofthisAgreement. The Sub Grantee shall cause all ofthe provisions ofthis contract in its entirety to be included in and made a part of any subcontract executed in the performance of this %reement. 3. Every subcontract shall include a term that City of Moses Lake, the Washington State Department of Commerce, and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance ofthe subcontract, 4. The Sub Grantee is responsible to the City if the Subcontractor fails to comply with any applicable term or condition ofthisAgreement. TheSub Grantee shall appropriately monitor the activities of the Subcontract to assure fiscal conditions of this Agreement. In no event shall the existence of a subcontract operate to release or reduce the liability of the Sub Grantee to the City for any breach in the performance of the Sub Grantee's duties. 5. The Sub Grantee shall undertake to insure that all subcontracts let in the performance of this Agreement be awarded on a fair and open competition basis in accordance with applicable procurement requirements. 6. Executed copies of all subcontracts shall be forwarded to the City along with documentation concerning the selection process. 7. )f the City approves subcontracting, the Sub Grantee shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts, For cause, the City in writing may: (a) require the Sub Grantee to amend its subcontracting procedures as they relate to this Grant; (b) prohibit the Sub Grantee from subcontracting with a particular person or entity; or (c) require the Sub Grantee to rescind or amend a subcontract. L, Amendments: The City or Sub Grantee may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, are executed in writing, and are signed by a duly authorized representative of each organization. Such amendments shall not invalidate this Agreement, nor relieve or release the City or Sub Grantee from its obligations under this Agreement. The City may, in its discretion, amend this Agreement to conform with state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both the City and Sub Grantee. M. Termination for aiuse: In the event the City determines that the Sub Grantee failed to comply with any term or condition of this grant, the City may terminate the Grant Agreement in whole or in part upon written notice to the Sub Grantee. Such termination shal! be deemed "for cause". Termination shall take effect on the date specified in the notice. Alternatively, the City upon written notice may allow the Sub Grantee a specific period of time in which to correct the non- compliance. During the corrective-action time period, the City may suspend further payment to the Sub Grantee in whole or in part, or may restrict the Sub Grantee's right to perform duties under this Grant. Failure by the Sub Grantee to take timely corrective action shall allow the City to terminate the Grant Agreement upon written notice to the Sub Grantee. If the Grant COML Council Packet 10-24-23,Page 119 of 174 Agreement is terminated for cause, the Sub Grantee shall be liable for damages as authorized by law. N, Termination for Convenience: Except as otherwise provided in this Grant, the City may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this Grant Agreement is so terminated, the City shall be liable only for payment required under the terms of this Grant Agreement for services rendered or goods delivered prior to the effective date of termination. O. TerminationPro.cedures:Afterreceipt.ofanotlceoftermination,exceptasotherwisedirectedby the City, the Sub Grantee shall: l.Stop work under the Grant Agreement on the date, and to the extent specified, in the notice; 2. Place no further orders or subgrants for materials, services, or facilities related to the Grant Agreement; 3. Preserve and transfer any materials, Grant Agreement deliverables, and/or City property in the Sub Grantee's possession as directed by the City. Upon termination of the Grant Agreement, the City shall pay the Sub Grantee for any service provided by the Sub Grantee under the Grant Agreement prior to the date of termination. The City may withhold any amount due as the City reasonably determines is necessary to protect the City against potential loss or liability resulting from the termination. The City shall pay any withheld amount to the Sub Grantee if the City later determines that loss or liabiiity will not occur. The rights and remedies of the City under this section are in addition to any other rights and remedies provided under this Grant Agreement or otherwise provided under law. P. Governing Law and Venue: This Grant Agreement shall be construed and interpreted in accordance with the laws of the state of Washlngton, and the venue of any action brought hereunder shall be in Grant County, Washington. Q. Attorneys'Fees/Costs:UnlessexpresslypermittediinderanotherprovisionofthisAgreement,in the event of litigation or other action brought to enforce Grant Agreement terms, each party agrees to bear its own attorneys' fees and costs. R. The Sub Grantee agrees not to publish or use any advertising or publicity materials in which the City's, the State of Washington's, or Commerce's name is mentioned, or language used from which the connection with the City, State of Washington, or Commerce's name may reasonably be inferred or implied, without the prior written consent of the City or Commerce. S. Compliance with State Grant Program: Sub Grantee agrees to be subject to and to comply with all applicable terms set forth in the COVID-19 Emergency Housing Grant Program administered by the Washington State Department of Commerce incorporated herein by this reference. T. Order of Precedence: In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable federal and state of Washington statutes and regulations 2. ThetermsoftheCOVlD-19EmergencyHousingGrantadministeredbytheWashingtonState Department of Commerce 3, The terms of this Grant Agreement 4. Department of Commerce Guidelines COML Council Packet 10-24-23,Page 120 of 174 5. Sub Grantee Grant Proposal These documents are incorporated herein by reference and as may hereafter be amended SEVERABILITY If any term or provision of this Grant Agreement is illegal or invalid, the remainder of the Grant Agreement shall not be affected thereby, and all other parts of this Grant Agreement shall nevertheless be in full force and effect. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Grant Agreemem unless stated to be such in writtng and signed by an Authorized Representative of the City. NOTICES Notices required by this Grant Agreement shall be in writing and delivered via mail (postage prepald}, commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written nOtiCe. Communication and details concerning this contract shall be directed to the following contract representatives: Sub Grantee Allison Williams 401 S. Balsam St Pa Box 1579 Moses Lake, WA 98837 Susan Grindle 700 E Mountain View Ave. Suite 501 EllensburH, WA 98926 ENTIRE AGREEMENT This agreement constitutes the entire agreement between the City and the Sub Grantee for the Hseoffunds received underthisGrantAgreementand itsupersedesallpriororconternporaneous communications and proposals, whether electronic, oral, or written between the City and the Sub Grantee with respect to this Agreement. IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. COML Council Packet 10-24-23,Page 121 of 174 Cl 0 M0 .5 LAKE Name: Allison Williams Title: City Manager Attest: Name: Title: Name: Susan Grindle Title: CEO Fed. ID # 91814544 COML Council Packet 10-24-23,Page 122 of 174 EXHIBITA GRANT COUNTY PLAN TO END HOMELESSNESS December 2019 December 2024 Sa.ip l,ike'ii a Ckimcy )A I M35ei Lakp )5 Warden Saddle Sountair) tition GRANT COUNTY Updated: June 1, 2020 COML Council Packet 10-24-23,Page 123 of 174 /. HOMELESSTASKFORCEOFGRANTCOuNTY The Homeless Task Force of Grant County shall be the group that will direct the County in its overall goats of reducing homelessness. MISSION The Mission of the Grant County Homeless Taskforce is to advocate for the homeless people in Grant County in order to improve quality oflife, increase public awareness of issues of homelessness, impad public policy and to prevent and end homelessness. VISION The Homeless Taskforce focuses on rea!izable strategies to move homeless individuals and families beyond shelter to permanent housing and self-sufficiency by looking at a comprehensive range of needs and develop the local capacity to meet these needs. The Taskforce identifies ways to coordinate and link resources to avoid duplication by involving stakeholders with a shared goal of building a comprehensive system to end homelessness and prevent return to homelessness. MEMBERSHIP Task Force membership is offered to those community members and/or organizations that have an interest in issues surrounding homelessness and who are willing to take an active role In the Task Force. Current members represent a broad array of fields. /j. tl €jJV/blL-.S:5Nh,!i5 jJV 6t €ANT COUNTY POINT IN nME HOMELESS COUNT ACCOrding tO the 2019 Point-In-Time HOmeleSS COunt, On any giVen night there are 82 people liVing On the StreetSl in a vehicle, or other place not meant for human habitation. Total unsheltered homelessness as identified during the Point- In-Time Homeiess Count has been on the decrease for the past 4 years. lndtviduals Total number counted by area Households Chlldren Veterans 2018 2017 Unsheltered Homeless: Vehicle, RV, Outdoors, Abandoned building, 82 Moses Lake: 52 Ephrata: I Quincy/George: 10 Grand Coulee:6 Mattawa: 0 Royal City: 0 Soap Lake: 7 Warden: 0 Other areas:6 70 8 3 Households 3 88 110 Sheltered Homeless: Motel vouche5 emergency shelter, transitional housing 68 49 -29 Homelessness happens to people of all ages, genders, races, income levels, and household types. Those who live in economic instability, who have health issues, mental health or substance use disorders, and those who may experience a job-loss, family break up, or domestic violence can all be pushed into homelessness at any time. COML Council Packet 10-24-23,Page 124 of 174 The County's vaCanC7 rate IS 5%. Relaiivetj/ 10W VaCanC7 RAES, ShOrtageS Of affordable housing, t(le Otal )aCk of permanent-supportive housing, and long WaitliStS far publiC Housing and SeCtiOn-8 programs are all contributing faCtOrS to a household remalning homeless for more than 30 days. AVAILABLE RESOURCES Housing Seniices LOCAL AGENCIES WITH IIMITED/PERIODIC HOUSING ASSISTANCE FOR HOMELESS Senie Moses Lake - (Moses Lake residents only): Motel vouchers, rent assistance, application fees, utility assistance Opportunities IndustrializaUon Center (01C) Utility assistance, housing services for eligible farm workers Salvation Army - One-time motel voucher Senie Quincy - (Quincy residents only): Motel vouchers, rent assistance, application fees, utility assistance Veteran's Coalition of Grant County - limited housing services for veterans His Helping Hands - (Ephrata & Soap Lake residents only): Motel vouchers, food, gas voucher, clothing, utility billassistance, out of area travel assistance, tents, sleeping bags, hygiene items, application fees Grant Integrated Senrices: Various outreach, housing stability planning and case management COORDINATED ENTRY: Grant County utilizes a low-barrier Coordinated Entry System to identify, engage, and refer households to the proper services. The purpose of Grant County's crisis response system is to ensure that homelessness is rare, brief, and one- tame, CE guides households who are experiencing a housing crisis by providing immediate access to the most appropriate housing program through a standardized assessment, prioritization, and referral process. If possible, CE COML Council Packet 10-24-23,Page 125 of 174 does not keep waitlists for services. Instead, available services are offered to qualifying households in the hope to assist with the household's housing crisis immediately. Prioritization for services is established by Department of Commerce's basic prioritizatlon requirements. If resources are limited, prioritization will be given to those with the highest need. Need is identified by a score of more than 6 on the VISPDAT-Vulnerabilitylndex. Forthosewhodonotrnettheprioritization,diversiondiscussionswillbeheld. ///. STRATGICPLAN Objedive #1: Quickly Identify and Engage People Experiencing Homelessness Definition of homelessness: Households who are living unsheltered. This also includes households fleeing domestic violence. Unaccompaniedyoutharedefinedusingthefederaldefinition. Measure(s) of Success: * Compliance with state and federal coordinated entry requirements for all projects recelving federal, state and local homeless funds * Consider implementation of the Coordinated Entry Core Element recommendations Tasks Responsible Parties Start Date Completed Expand low barrier intake options in conjunction with mobile outreach activities and various community events Coordinated Entry sites May 2020 Continue to work with and receive referrals from: Mobile Outreach, Supportive Housing programs, Point in Time Count, Project Homeless Connect, Serve Moses Lake, Salvation Army, Serve Quincy, various community outreach events Coordinated Entry sites !n progress Ongoing Continue relationships with law enforcement/first responders, health care, Serve Moses Lake, School Liaisons, and the Mobile Outreach team to ensure smooth referral processes Coordinated Entry sites In progress Ongoing Continue to offer low barrier coordinated entry assessment that complies with CE data collection requirements Coordinated Entry/Intake sites/agencies In progress Ongoing Strengthen community partner referrals from Big Bend Community College Coordinated Entry sites September 2020 Conduct County-wide education to build the community's capacity to quickly identify homeless and refer to services Grant County Homeless Task Force January 2021 Identify strategies to engage homeless/unaccompanied youth, consider implementing strategies Hope Source, New Hope TBD Build in maintain active lists of persons experiencing homelessness, that includes tracking status, engagements, and housing placements Mobile Outreach Team, Coordinated Entry Sites December 2020 Objective #2: Prioritization of Homeless Housing for People with the Highest Needs Measure(s) of Success: COML Council Packet 10-24-23,Page 126 of 174 * SuccessfulimplementationofprioritizationpoliciesforallproJectsreceivingfederaJ,stateandlocal homeless funds, resulting in priorltlzed people consistently being housed in a timely manner. Tasks Responsible Parties Start Date Completed Grantees and Subgrantees must prioritize services for people w/highest need (unsheltered, chronic, length of time homeless, victlms of domestic violence) and utilize the VISPDAT if needed Grantees & Subgrantees of funds January 2020 Ongoing Continue to monitor and evaluate HMIS data for exits to permanent housing options Grantees & Subgrantees of funds In progress Ongoing - l'6-ntirrue-no-n'-w-ait'lis4 philosoptjy' wh-eri enr61ling prioritized households into programs -Grantees K-Subjrantees of funds In progress ('ngoing ' Objective #3: Effective and Efficient Homeless Crisis Response and Housing Services Measure(s) of Success: * System-wide performance: a) Increase percentage of exits to permanent housing to the level of the top performing 20 percent of homeless crisis response systems nationwide. b) Reduce returns to homelessness after exit to permanent housing to less than 10 percent. c) Reduce average length of time homeless of those served to less than 90 days. Current System Performance * Prioritization of Unsheltered Households: 77.1% (FFY 2018) - met target * IncreaseExitsfromSheltertoPermanentHousing:26.59%(asof6-30-18)-madeprogresstowardmeeting performance measure * Decrease returns to homelessness within 2 years for those who resided in shelter: 0% (as of 6-30-18) - met goal * Increase exits to permanent housing for rapid rehousing: 85.98% (as of 6-30-19) - met goal * Decreasereturnstohomelessnesswithin2yearsforthosewhoreceivedrapidrehousingservices:.62%(as of 6-30-18) - met goal * Reduce average length oftime homeless: 34 days (as of 2-14-19), goal is less than 90 days - met goal Tasks Responsible Parties Start Date Completed OngoingComplete quarterly reviews of performance measures Homeless Task Force of Grant County Aprll 2020 Identify agencies who are not meeting system- wide performance measures/areas needed for improvement Homeless Task Force of Grant County April 2020 Ongoing Prgmote the development of housing for all Homeless Task Force of Grant County April 2020 lncrease case management/support for those who are most vulnerable Homeless Task Force of Grant County, Grantees, Subgrantees June 2020 Increase the number of affordable units Homeless Task Force of Grant County January 2021 Increase the number of shefter beds for chronically homeless individuals Grantees, Subgrantees January 2021 COML Council Packet 10-24-23,Page 127 of 174 Objective #4: A projection of the impact of the fully implemented loca) plan on the number of households housed and the number of households left unsheltered, assuming existing resources and state polices Measure(s) of Success: h A local plan thatincludes an estimate of people experiencing homelessness that will be housed during 2024 after successful implementation of the local plan using existing resources, and the count of households left unsheltered at a point in time in 2024, based on credible data and research; including the data, assumptions, calculations, and related citations necessary for outside parties to review and reproduce the estimate Tasks Responsible Parties Start Date Completed Complete modeling tool to project the impact of the local plan and identify future resources needed Steffanie Bonwell October 2019 Odober 2019 Strateglze how to meet the future need of the county's local plan Homeless Task Force January 2021 Objective #5: Address racial disparities among people experiencing homeJessness Measure(s) of Success: * CompletionofaninitialanalysisusingaracialequitytoolanddataprovidedbyCommerce. Tasks Responsible Parties Start Date Completed Complete initial analysis of racial disparities among people experiencing homelessness, using Commerce's racial equity tool Grantees & Subgrantees of funds , August 2019 September 2019 Identify how Grant County compares to the State and other like size counties in the State. Grantees & Subgrantees of funds January 2020 Identify underrepresented homeless populations (iT any) Grantees & Subgrantees of funds January 2020 Determine if alternative plans need to be put into place to address disparities (if any) Grantees & Subgrantees of funds June 2020 COML Council Packet 10-24-23,Page 128 of 174 EXHIBIT B The City of Moses Lake, in partnership with o qualifled non-profit community development entity, wlfl develop an inrtiol response for the chronically homeless under the COVID funding through the development of o camp where resldents can have access to servlces, sanitation and the abillty to be tested and quamntined if there is a positive COVID identification. The Clbyr has prevkiusly entered /nto (7 contract with HopeSource to utllize COVID-19 Gmnt Funds. Those funds have since been re-purposed and remalnlng COVID-19 Grant Funds wlfl be ut///zed /or the duratlon of November 2020 and December 2020 to fund operations of the Sleeping Center. The budget for the COVID-19 grant applicatlon and Emergency Solutions Gmnt follows. The City will provide tivtng qtmrters (sleeping shelters) sanftation and bathroom facilities, admjnistmtive building and operating expenses and the Contractor will pmvide wrap around services and overall administration of the - - -- 75r6firaffi. Ovei the'life 6f the fumjing-we ar-e (>tanning 60 IOD 7iomiless fndlvidu61s. More than 60% 6f the homeiess in erant county resiae within the crty ol vioses tobe. it wiii take some time lor the contractor to reach out to all of our homeless tndfvidua(s to provide information about services belng offered and the homeless camp area. The Contmctor wifl screen each individual prior to entering them in the system and placing them in o motel and again prior to allowing them in the camp. The plan /s to keep the homeless camp open indefinitefy to work with the contractor on a long term plan to develop emergency shelter and permanent supportive housing space, qainhp'r '---'-BU-DGETBY-' EMERGENCY I 80LuTIONS GRANTI I - "-' ""'-"-"""'- #----+------#--l'= SERVICE8 I "' "' "' "' AMOUNT COSTDESCRIPTION }City of Moses Lake I $105,783.92 I . . .. ........... Encampment operations, including utilities, taxes, ' Security Service, and other operation expenses as designated by the City. . Contractor I I .. . ...... ................ I$indlOiviOd/duaayl pe"'r"""" (100) for '17 days $170,000 Wrap around services including: outreach of individuals, Intake, assessment and screening, Icoordinated entry, quarantine in motels, wellness checks, food support delivery (2 meals a day), transport and Sleeping Center management. I I I $iI I .. ................. .. I $ " """"""""' " II $ ='= " '-" " "" " " I 'l TOTAl _$275.!7sag:z COML Council Packet 10-24-23,Page 129 of 174 Exhibit C ADMINISTRATIVE POLICY Subject: Designated Sleeping Center Ru]es Date Issued: October 27"', 2020 Date Effective: November 1"', 2020 Approved By: Allison Williams, City Manager City Resolution No. 3764 (May l4'h, 20"l9) established that the City of Moses Lake elected to operate its own homeless program and will meet all regulatory requirements required by the Department of Commerce. City Ordinance No. 2921 (April 9th, 2€)19) authorized the City Manager to designate a City operated camping area and to promulgate rules and regulations regarding the use of designated camping areas. The City Manager designated a camping area on September 22nd, 2020 at the address commonly known as 1045 E Broadway Ave, Moses Lake, WA 98837 The designated camping area will open on November 1", 2020, and operational needs necessitate establishing the rules of the designated camp area. The following rules apply to the use of the designated camping area and the property adjacent to it: COML Council Packet 10-24-23,Page 130 of 174 1 Desigriated area: The designated camping area shall consist of a sleeping area and a case services area. The designated camping area is depicted on the attached site plan. 2.Oppning date: The designated camping area is sche4jed to open November Isti 2020. 3. Hours of operation: The sleeping area will open at 6:00 p.m. daily and close at 8:00 a.m. each immediately following day, at which time the sleeping area must be vacated. A. The Case Services area shall remain open all day, to be utilized on an appointment only basis. B. Both the sleeping area and the Case Services area may be closed by the City Manager, City Police Chief, or City Fire Chief at any time, without regard to regular hours of operation, when necessary to protect public health, safety, or welfare. 4. Sleeping area entry hours; Persons wishing to use the sleeping area may enter between the time of its opening and "10:00 p.m. daily. Entry shall not be allowed between the hours oflO:00 p.m. and 8:00 a.m. except for emergencies and persons who have prearranged an afterhours entry time with the City, a security contractor, or a designated campsupervisorforreasonableandverifiableneeds. Personsmayleave the sleeping area at any time, but reentry shall not be allowed between the hours of 10:00 p.m. and 8:00a.m. except for emergencies. Entry shall not be allowed to persons wishing to use the sleeping area from 8:00 a.m. until the time of its opening daily. No person shall sit or lie down on publicly open property located within three hundred feet (300') of the sleeping area or upon a blanket, chair, stool, or any other object pla on publicly open property within three hundred feet (300') of the sleeping area. 5. City: For purposes of these rules, City means the City of Moses Lake, its officials, and employees. COML Council Packet 10-24-23,Page 131 of 174 6. Security contractors: The City may contract with third parties to provide security services. For purposes of these rules, security contractor means parties with whom the City has entered into a contract or agreement for services and their employees, agents, and authorized representatives 7. Designated camp supeivisors: The City may designate or contract with third- parties to provide camp supervision services. For purposes of these rules, camp supervisor means parties designated by the City Manager or with whom the City has entered into a contract or agreement for services and their employees, agents, and authorized representatives. 8. Use rule: Violators of the following enumerated rules may be ordered to immediately leave and not return to the designated camping area or City property located within three hundred feet (300') of the designated camping area for a period of 24 Hours, or until the following opening hours of the next day for the first (lst) violation. A second (2nd) Violation will result in a 48 Hour Trespass from the property. A third (3'd) Vioiation will result in a 72-hour Trespass from the site, and/or permanent trespass from the sue as determined by the City Manager or City Designee. A. The following rules appty to use of both the sleeping area, the property storage area, the Case Services area, and all property located within three hundred feet (300') of the sleeping area or the services area: 1.No one may commit any crime: 2.No one may willfully hinder, delay, or obstruct a city employee in the discharge of his or her official powers or duties. 3.No one may unreasonably disturb others by knowingly engaging in loud or raucous behavior. 4. No one may, with intent to harass, intimidate, or torment any other person, use any lewd, lascivious, indecent or obscene words or language, or suggest the commission of any lewd or lascivious act. 5.No one may possess or use illegal drugs, including any form of marijuana or cannabis. 6.No one may open or possess an open package containing alcohol or consume alcohol; and COML Council Packet 10-24-23,Page 132 of 174 No one other than City employees, contractors, and public safety personnel, and the designees of each, may enter or remain during closure hours. No one may sit or lie down in the Case Services area or on publicly open City property within three hundred Feet (300') of the sleeping area or the Case Services area or upon a blanket, chair, stool, or any other object placed in the property storage area or on publicly open City property within three hundred feet (300') of the sleeping area. B. The following rules additionally apply to use of the sleeping area: Users may enter only between the time the sleeping area opens and 10:00 p.m. daily except for emergencies and after- hours entries prearranged with the City, a security contractor, or a designated camp supervisor, for reasonable and verifiable needs. Users must upon entry meet with the City, a security contractor, or a designated camp supervisor and agree to abide by all applicable rules. Users who exit between the hours of 10:00 p.m. and 8:00 a.m. may not reenter except for emergencies. Users must peaceably exit the sleeping area by 8:00 a.m. daily. Users must remove their personal property from the sleeping area each day or place it within a designated storage container, and any items otherwise left in the sleeping area after 8:00 a.m. each day shall be deemed abandoned and may be removed by the City, a security contractor, or a designated camp supervisor. Users provided with a storage container must fit any possessions they wish to store within the container and lock it prior to exiting the sleeping area. Any property left in an unlocked storage container or outside a locked storage container shall be deemed abandoned and may be removed by the City, a security contractor, or a designated camp supervisor. No user may do an act, omit to act, engage in a course of activity, or create or maintain a condition which unreasonably: 1.interferes with the comfort, solitude, health, or safety of others. 11.offends common decency, COML Council Packet 10-24-23,Page 133 of 174 Ill.offends common sensibilities and senses by way of extreme noise, light, or odor; or IV.obstructs or renders hazardous for public passage any public way or place. No guests shall be allowed in the sleeping area (the sleeping area may be used only by persons who intend to spend the night). No minor shall be allowed in the sleeping area unless accompanied by his or her parent or legal guardian: I No minor may remain in the sleeping area for longer than thirty (30) minutes. No weapons may be possessed, displayed, or used except by public safety personnel and security contractors. I O. No fires or open flames are allowed. 11. No marijuana may be possessed or used. 12. No alcohol may be possessed. 13. Notobaccoproductsmaybeusedinsidetheshelters. 14.Tobacco use on the site shall be restricted to designated smoking areasv 15. Users shall not willfully hinder, delay, or obstruct any security contractor or designated camp supervisor in the discharge of their official powers orduties. 16. Users shall keep and confine their personal property to the area assigned to them by a designated camp supervisor, and designated walkways and paths shall be kept clear. "17. Camping areas shall be kept clean and free of junk, litter and debris, and users must deposit their trash and garbage in receptacles designated by the City for waste disposal. 18. users shall not take, use, or possess the personal property of other users without their express permission. 19. Users shall not take, use, or possess property belonging to the City, its security contractor, or any designated camp supervisor without the express permission of the owner of the property. 20. Pets shall not be allowed if they are unlicensed, dangerous, diseased, or aggressive toward persons or other animals; provided, however, that a user may be given up to seven (7) days after arrival with a pet to obtain a license unless the dog is dangerous, diseased, or visibly aggressive. COML Council Packet 10-24-23,Page 134 of 174 21. Pets must be kept on a leash or kept in a kennel, and users must immediately clean up after their pets and dispose of any waste in receptacles designated by the City for waste disposal. Pets are subject to the City's nuisance code provisions and shall not constitute a public nuisance, e.g. barking. 22. Users may urinate and defecate only in bathrooms, portable restrooms, porta-potties, or sani-cans designated by the City for that purpose. 23. Users shall not engage in sexual intercourse, sexual contact (meaning any touching of other intimate parts of another person for the purpose of gratifying sexual desire of either party or a third party), or masturbation, within the sight or hearing of others; 24. Users shall not cause or create any sound or noise that unreasonably disturbs or interferes with the peace, comfort and repose of other users. 25. Users shall not use instruments or other devices, between the hours of 10:00 pm. and 8:00 a.m., that generate or make sound that can be heard beyond the user's assigned area; and 26. Exceptforperishablefood,usersmaynotpossessorbringanyof the items prohibited from the Case Services area into the sleeping area. C. The following rules additionally apply to use of the property storage area and the Case Services Area: I. II. Users must agree to abide by all applicable rules Users are limited to one (1) storage container per person. D. Users may not store: j. Illegal drugs, 2. Marijuana, 3. Alcohol, 4. Flammable or combustible liquids or materials. 5. Toxic liquids or materials, 6. Corrosive liquids or materials, 7 , Weapons, 8 . Ammunition or other explosive materials, COML Council Packet 10-24-23,Page 135 of 174 9. Stolen property, 10. Perishable foods, lj. Putrid materials, or 12. Garbage, litter, or debris. E. Property may be stored for no longer than seventy-two (72) consecutive hours, and any property left in the storage area longer than 'seventy-two (72)- corgecutive h-ours shall be deemed abandoned and may be removed by the City, a security contractor, or a designated camp supervisor; F. All property must be stored in a container designated by the City for that purpose, and any property left outside of a designated container shall be deemed abandoned and may be removed by the City, a security contractor, or a designated camp supervisor; and G. Property may be stored at the sole risk of its owner, and the City shal! not be responsible for theft, loss, destruction, or damage of stored property. Procedures for removal of property by the City, a security contractor, or a designated camp supervisor. A. Users shall be given an opportunity to remove prohibited property from the designated camping area if they are present at the time of tts discovery and the property may be legally possessed by the user. Notice shall be personally given to users when property is removed in their presence by the City, a security contractor, or a designated campsupervisor. B.Notice shall be posted at the designated camping area when property is removed in the absence of its owner by the City, a security contractor, or a designated camp supervisor. The posted notice shall be the only notice given, and users are solely responsible for checking the designated camping area for notices. C.Property subject to immediate disposal or other immediate disposition: 1.City, security contractors, and designated camp supervisors may immediately dispose of any of the following items: junk, iitter, debris, trash, garbage, and putrid materials. 2. The City, security contractors, and designated camp supervisor may immediately dispose of any of the following items if they pose an immediate hazard to persons or property and cannot be safely stored: flammable and combustible liquids or materials, toxic liquids and COML Council Packet 10-24-23,Page 136 of 174 materials, corrosive liquids and materials, and ammunition and other explosive materials. 3.The City, security contractors, and designated camp supervisor may immediately dispose of alcohol and marijuana unless it is immediately removed by its owner upon discovery. 4.The City, security contractors, and designated camp supervisor may immediately dispose of perishable food left in the storage area unless it is immediately removed by its owner upon discovery. 5.City, security contractors, and designated camp supervisors may immediately dispose of any property that is not immediately removed from the designated camping area by its owner upon request as provided in paragraph 8-D, 8-E and 8-F. 6.Dangerous, diseased, or aggressive pets may be delivered to animal control authorities by the City, security contractors, and designated camp supervisors. 7.Stolen property, illegal drugs, and weapons may be delivered to law enforcement authorities by the City, security contractors, and designated campsupervisors Property removal notices must specify (1) whether the property may be recovered; (2) where recoverable property has been stored and may be reclaimed, and (3) the date and time by which the removed property must be reclaimed. Unless disposed of in accordance with paragraph 8-D, 8-E and 8- F, removed property shall be stored for seven (7) days during which Ume it may be recovered by its owner if the property may be legally possessed by its claimant. Evidence of crimes and property subject to forfeiture may not be recovered except as provided by law. Property may be recovered by its owner only if it is claimed by its owner within seven (7) days after its removal in the manner specified in the removal notice and the claimed property may be legally possessed by its claimant. The City, security contractors, and designated camp supervisor may dispose of property that remains unclaimed seven (7) days afier its removal. Users may appeal the removal of property by filing written notioe of appeal with the City Clerk at City Hall at 401 S. Balsam St, Moses Lake, WA 98837. Noti> of appeal must be received by the City Clerk by no later than seven (7) days after removal of the property. COML Council Packet 10-24-23,Page 137 of 174 1.Users must remove prohibited property from the designated camping area while any appeal is pending, and the City, security contractors, and designated camp supervisors may immediately dispose of any of any property that is not immediately removed by the user. Appeals may be heard by the City Manager, or a designee of the City Manager. Appeals shall be heard and decided as soon as practicable after they are filed at such time designated by fhe heari-ng officer. Appeals shall be heard at City Hall at 4e)1 S Balsam St, Moses Lake, WA 98837 or at such other location designated by the hearing officer. COML Council Packet 10-24-23,Page 138 of 174 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: Kevin Fuhr, Interim City Manager 12717 Doug Coutts Parks, Recreation, and Cultural Services 10/24/2023 New Business Harrison K Dano Park Sport Court Concept Grant Proposal City Manager City Attorney Community Development Finance Fire Human Resources Municipal Services Parks, Rec, & Cultural Services Police Technology Services 0.00$0.00$0.00$ Staff recommend Council approve the design concept for the addition of two Futsal courts at Harrison K Dano Park. Dano Park Proposed Layout.docx 4.07MB Staff has been coordinating with the Boys and Girls Club and Rave Sports on a potential project installing two sports courts at Harrison K Dano Park. The included layout is a concept. The majority of the funding for the installation would come from grants from Rave sports with a philanthropic organization providing match for the project. The City's responsibility would be to provide the property and grade, level and asphalt the areas for the courts. Staff estimate on costing for this work is approximately $25,000. At this time, we are asking for Council approval of the project concept and will be working with the finance department on options for funding the $25,000 investment. None immediate. Funding options will be looked at in the next few months. Options and Results Staff will continue to look into funding options for the grading/asphalt work and will continue to work with these partners with a goal of installation in spring of 2024. COML Council Packet 10-24-23,Page 139 of 174 Provide Amended Direction: No Action Taken: Staff will bring back options for recommended changes. Staff will not pursue the project. COML Council Packet 10-24-23,Page 140 of 174 Dano Park Proposed Layout Proposed Futsal Courts Exis�ng Soccer Field Layouts COML Council Packet 10-24-23,Page 141 of 174 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 Kevin Fuhr, Interim City Manager 12849 Doug Coutts Parks, Recreation, and Cultural Services 10/24/2023 New Business Ice Arena 2023-2024 Season Fee Schedule Amendment City Manager City Attorney Community Development Finance Fire Human Resources Municipal Services Parks, Rec, & Cultural Services Police Technology Services 0.00$0.00$0.00$ Approve the proposed 2023-2024 Ice Arena Fee Schedule as presented. Amended Ice Rink Fee Schedule.pdf 170.19KB Ice Arena Fee Amendment-Proposed fees.xlsx 9.94KB Historically, the Ice Arena Fee Schedule is updated to coincide with the Ice Arena Season which spans the City's fiscal year. This amendment would approve the proposed 2023-2024 Ice Arena Fee Schedule as proposed in the overall fee schedule as included in the board budget information. Our ice arena fees currently lag behind other area ice facilities significantly. Part of this is due to the nature of our facility as a covered outdoor facility, but staff is planning to monitor fees closely and increase more consistently going forward to keep pace with the market. These proposed fees are based on a survey of area ice arena fees and take into consideration the nature of our facility as a limited season covered outdoor arena. The proposed amended fees include updates to the ranges that will encompass changes to the fee structure that will accommodate the projected increases for next season as well, allowing the pricing indicated in the plan for the 2023-2024 Season and the 2024-2025 Season, getting the Ice Arena fees on the same schedule going forward as the rest of the fee schedule. This will increase the Ice Arena fees for the 2023-2024 season to help keep pace with increasing expenses at the arena. Options and Results COML Council Packet 10-24-23,Page 142 of 174 Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Staff will implement the new fee schedule for the November opening of the arena. Staff will bring back options for recommended changes. Staff will open the arena with the existing 2022-2023 fees in place. COML Council Packet 10-24-23,Page 143 of 174 Current Adults $7.00 Adults $8.00 Adults $9.00 Youth $6.00 Youth $7.00 Youth $8.00 Seniors $4.00 Seniors $5.00 Seniors $6.00 4 & Under $0.00 4 & Under $0.00 4 & Under $0.00 All Ages $5.00 All Ages $4.00 All Ages $4.00 error Adults $60.00 Adults $70.00 Adults $80.00 Youth $50.00 Youth $60.00 Youth $70.00 Seniors $30.00 Seniors $40.00 Seniors $50.00 Adults $90.00 Adults $100.00 Adults $110.00 Youth $80.00 Youth $90.00 Youth $100.00 Seniors $60.00 Seniors $70.00 Seniors $80.00 Adults $47.25 Adults $48.00 Adults $50.00 4% Youth $36.75 Youth $37.00 Youth $39.00 4% Seniors $15.75 Seniors $16.00 Seniors $17.00 4% Adults $78.75 Adults $79.00 Adults $82.00 4% Youth $68.25 Youth $69.00 Youth $72.00 4% Seniors $47.25 Seniors $48.00 Seniors $50.00 4% All Ages $50.00 All Ages $50.00 All Ages $50.00 Youth Hockey $108.00 Youth Hockey $131.00 Youth Hockey $146.00 Adult Hockey $124.00 Adult Hockey $147.00 Adult Hockey $163.00 Inside 98837 $158.00 Inside 98837 $179.00 Inside 98837 $195.00 Outside 98837 $210.00 Outside 98837 $234.00 Outside 98837 $249.00 2023-2024 Season Pass w/ 2023-2024 Skating Lessons 2023-2024 Rental Rates2023-2024 Rental Rates 2023-2024 Season Pass w/ Amendment (Tax backed out) 2024-2025 Admission Fees 2023-2024 Rental Fees 2023-2024 Punch w/out 2023-2024 Punch w/ 2023-2024 Season Pass w/out 2023-2024 Skating Lessons 2023-2024 Rental Rates 2023-2024 Admission Fees 2023-2024 Rental Fees 2023-2024 Punch w/out 2023-2024 Punch w/ 2023-2024 Season Pass w/out 2023-2024 Season Pass w/ 2023-2024 Skating Lessons 2023-2024 Admission Fees 2023-2024 Rental Fees 2023-2024 Punch w/out 2023-2024 Punch w/ 2023-2024 Season Pass w/out COML Council Packet 10-24-23,Page 144 of 174 Current Amended 2024-2025 $4S/$6Y/$7A $3-8 $4-9 $30S/$50Y/$60A $40-70 $50-80 $5 (error)$4 $4 $60S/$80Y/$90A $70-100 $80-110 $15.75S/$36.75Y/$47.25A $16-48 $17-50 $47.25S/$68.25Y/$78.75A $48-79 $50-82 $108-210 $131-234 $146-249 $9.00-$10.00 Remove (no longer offered) How the fee schedule would look Ice Skate Rental (per person) Ice Skating Admission Punch card with Skates Ice Skating Season Pass (Individual) no Skates Ice Skating Season Pass (Individual) with Skates Ice Rink Private Rental (per hour) Group Broomball Party (per person) Ice Skating Admission Punch card Ice Skating Admission (per person) COML Council Packet 10-24-23,Page 145 of 174 Parks Recreation Ice Skating Admission (per person) 3.34.010 $4S/$6Y/$7A $3-9$ Parks Recreation Ice Skating Admission Punch card 3.34.010 $30S/$50Y/$60A $40-$80 Parks Recreation Ice Skate Rental (per person) 3.34.010 $5.00 $4.00 Parks Recreation Ice Skating Admission Punch card with Skates 3.34.010 $60S/$80Y/$90A $40-$110 Parks Recreation Ice Skating Season Pass (Indivudal) no Skates 3.34.010 $15.75S/$36.75Y/$47.25A $16-$50 Parks Recreation Ice Skating Season Pass (Indivudal) with Skates 3.34.010 $47.25S/$68.25Y/$78.75A $48-$82 Parks Recreation winter ice program - to be determined by class size & supplies 3.34.010 $9 -$200 Parks Recreation Group Broomball Party (per person) $9.00-$10.00 REMOVE Parks Recreation Ice Rink Private Rental (per hour) 3.34.010 $108-$210 $131-$249 COML Council Packet 10-24-23,Page 146 of 174 RESOLUTION 3963 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON AMENDING THE CITY OF MOSES LAKE 2023 FEE SCHEDULE Recitals: 1. In connection with the municipal functions and operations of the City of Moses Lake, the City requires certain fees; and 2. It is appropriate to review such fees and adjust appropriately address costs; and 3.In keeping with the philosophy of setting City fees in amounts reflective of actual costs, it is appropriate at this time to revise certain fees to compensate the City for costs associated with various City functions and facilities; and 4. Council approved annual increases with the adoption of Resolution 3923 on November 22, 2022. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOSES LAKE: Section 1. The following items will be deleted from the 2023 Fee Schedule: DEPART FEE TYPE FEE DESCRIPTION MLMC Section 2023 Fee 2023-2024 Season Proposed Fee Parks Recreation Group Broomball Party (per person) $9.00-$10.00 REMOVE Section 2. The following items will be amended on the 2023 Fee Schedule: DEPART FEE TYPE FEE DESCRIPTION MLMC Section 2023 Fee 2023-2024 Season Proposed Fee Parks Recreation Ice Skating Admission (per person) 3.34.010 $4S/$6Y/$7A $3-9$ Parks Recreation Ice Skating Admission Punch card 3.34.010 $30S/$50Y/$60A $40-$80 COML Council Packet 10-24-23,Page 147 of 174 Parks Recreation Ice Skate Rental (per person) 3.34.010 $5.00 $4.00 Parks Recreation Ice Skating Admission Punch card with Skates 3.34.010 $60S/$80Y/$90A $40-$110 Parks Recreation Ice Skating Season Pass (Individual) no Skates 3.34.010 $15.75S/$36.75Y/$47.25A $16-$50 Parks Recreation Ice Skating Season Pass (Individual) with Skates 3.34.010 $47.25S/$68.25Y/$78.75A $48-$82 Parks Recreation winter ice program - to be determined by class size & supplies 3.34.010 $9 -$200 Parks Recreation Ice Rink Private Rental (per hour) 3.34.010 $108-$210 $131-$249 Section 4. Severability. If any sections, sentence, clause, or phrase of this Resolution shall be held to be invalid or unconstitutional by a court of competent jurisdiction, or its application held inapplicable to any person, property or circumstance, such invalidity or unconstitutionality or inapplicability shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Resolution or its application to any other person, property or circumstance. ADOPTED by the City Council on October 24, 2023. ________________________________________ Don Myers, Mayor ATTEST: ____________________________________ Debbie Burke, City Clerk COML Council Packet 10-24-23,Page 148 of 174 Council Staff Report Agenda Item Number: Department Proceeding Type Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) 12857 Administration New Business To: Kevin Fuhr, Interim City Manager From Rich Huebner, Assistant City Manager For Agenda of: 10/24/2023 Subject Annual Review and Approval of LTAC Recommendations Reviewed and Approved by: City Manager City Attorney Community Development Finance Fire Human Resources Municipal Services Parks, Rec, & Cultural Services Police Technology Services 525,000.00$525,000.00$525,000.00$ Move to approve the 2024 Lodging Tax Advisory Committee (LTAC) funding recommendations. LTAC Award Recommendations 2024.pdf 128.34KB COML Council Packet 10-24-23,Page 149 of 174 Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: The Moses Lake Lodging Tax Advisory Committee (LTAC) met on October 11, 2023 to receive presentations from 2024 applications for funding support for eligible groups and organizations that have positive impacts on tourism in the greater Moses Lake area. The LTAC met the following day – October 12, 2023 – to finalize its recommended awards. The funding source is the hotel/motel tax that the City of Moses Lake receives from the State of Washington. The LTAC members considered all applications in accordance with the LTAC General Guidelines documents with specific attention to the Project Evaluation Criteria portion of the Guidelines. Spreadsheets follow which identify the groups and the recommended funding amounts. 23 applications were received and reviewed; one application was not recommended for funding. The Lodging Tax is an excise tax authorized by State law in RCW 67.28, Public Stadium, Convention, Arts and Tourism Facilities. The City of Moses Lake has imposed an excise tax on charges for lodging by hotels, motels, and similar business enterprises, pursuant to Chapter 82.08 RCW. In Moses Lake the total tax on lodging is 4% (this includes the original 2% sales tax credit and the additional 2% special excise tax). One of these collections is dedicated to support events, activities, and marketing campaigns that generate tourism, while the second collection is dedicated to capital projects. As required by RCW 67.28.1817, the LTAC provides recommendations for awards from both collections. The Lodging Tax Advisory Committee is chaired by Council Member David Eck and by state law has positions for two generators of the hotel-motel tax and two potential recipients. Those participating in the meetings to get to the recommendation were Council Member Eck, Tim Molitor (representing a tax generator), Rich Hanover and Barry Lawson (both representing potential recipients, the Port and DMLA). Each of Mr. Molitor, Mr. Hanover, and Mr. Lawson have expressed interest in being reappointed to the LTAC, and the City recently received an application for the vacant tax generator position. Staff anticipates having full membership on the LTAC next year for the 2025 application cycle. By law, the City Council must concur with the recommendations of the LTAC. Should the City Council wish to change an allocation, that recommendation needs to go back to the LTAC for consideration. The City of Moses Lake has established a special revenue fund titled “Tourism Activities Fund” to account for the lodging tax receipts and related tourism promotion expenditures. As set forth in RCW 67.28.1816, the revenues received from the City’s hotel/motel tax may be used for the following purposes only: 1. Tourism marketing; 2. Marketing and operations of special events and festivals designed to attract tourists; 3. Operations and capital expenditures of tourism-related facilities owned or operated by a municipality or a Public Facilities District; or 4. Operations of tourism-related facilities owned or operated by non-profit organizations. As detailed above, the current operational model of the City is that 2% of the funding is reserved for tourism events, activities, and marketing, and the other 2% is reserved for capital project support. A reserve has been established by the LTAC to fund a future capital project. These are 2024 funds that are a part of the proposed 2024 budget. Options and Results Staff recommends City Council approve the recommendations of the Lodging Tax Advisory Committee. The recommendation will be remanded to the Lodging Tax Advisory Committee for consideration. Lodging Tax grants will not be awarded. COML Council Packet 10-24-23,Page 150 of 174 Organization Name Event Name & Date 2023 Funded* 2024 Request Events/Activities/ Marketing Capital Projects Columbia Basin Allied Arts - Downtown ML Assc.Sip & Stroll - Art & Wine Walk -$ 5,000$ 3,000$ Columbia Basin Allied Arts UMANI Fest 5,000$ 5,000$ 5,000$ Columbia Basin Allied Arts Premiere Season 7,500$ 10,000$ 7,500$ Central Basin Community Concert Series 2024 Concerts 7,500$ 10,000$ 7,500$ Columbia Basin Rodeo Association Moses Lake Roundup Rodeo and Demo Derby -$ 65,000$ 15,175$ 15,175.00$ City of Moses Lake Red, White and BOOM!27,000$ 30,000$ 30,000.00$ City of Moses Lake Visitor Information Center Souvenir Restock 19,913$ 2,000$ 2,000.00$ City of Moses Lake Tourism Marketing Campaign 110,000$ 110,000$ 110,000$ Grant County Fairgrounds MoraVida Fest 10,000$ 25,000$ 10,000$ Grant County Fairgrounds Grant County Fair 35,000$ 75,000$ 35,000$ Grant County Fairgrounds 90's Flannel Fest 7,300$ 30,000$ 10,000$ 2,626.00$ Manta Rays Capital Projects -$ 84,985$ -$ -$ Manta Rays Sizzlin Summer Splash -$ 12,880$ 12,880$ Manta Rays Sprint Shootout -$ 2,920$ 2,920$ Manta Rays Thankswimming Open -$ 5,592$ 5,592$ Manta Rays Tony St. Onge Memorial Open -$ 4,183$ 4,183$ Master Gardeners Foundation 2024 Columbia Basin Eco-Gardening Symposium -$ 2,000$ 2,000$ Moses Lake Spring Festival Moses Lake Spring Festival 50,000$ 70,000$ 50,000$ 20,000$ Moses Lake BMX Association Capital Projects and State Qualifier Race 41,856$ 40,849$ 1,750$ 39,099$ Moses Lake Youth Hockey Association Current and Future Winter Youth Hockey -$ 41,100$ 41,100$ Sand Scorpions Bounty Hole & Freestyle Mud Trucks 40,000$ 65,000$ 40,000$ Visit WA Moses Lake Airshow 50,000$ 86,000$ 50,000$ Columbia Basin Cancer Foundation Craft Out Cancer 2,500$ 5,000$ 2,500$ TOTALS:411,069$ 787,509$ 375,000$ 150,000$ 375,000$ 150,000.00$ A= Non-profit/IRS documents attached B= Application Complete C= Budget - Expenses D= Budget - Revenue COML Council Packet 10-24-23,Page 151 of 174 Council Staff Report Agenda Item Number: Department Proceeding Type Expenditure Required:Amount Budgeted:Appropriation Required: Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: 12862 Administration New Business To: City Council From Kevin Fuhr, Interim City Manager For Agenda of: 10/24/2023 Subject Volunteer Handbook - Resolution 3964 Reviewed and Approved by: City Manager City Attorney Community Development Finance Fire Human Resources Municipal Services Parks, Rec, & Cultural Services Police Technology Services 0.00$0.00$0.00$ Action Requested Adopt the newly created Volunteer Handbook. Packet Attachments (if any) Resolution and Volunteer Handbook.docx Overview The newly created Volunteer Handbook is being proposed to be used with any and all city volunteers. The handbook sample was provided by WCIA and modified to fit the City of Moses Lake. The included policies are currently provided in the City of Moses Lake Employee Handbook, and modified for volunteer usage. The handbook includes policies on: Accident Prevention, Substance Abuse, Anti-Harassment, City Property/Personal Possessions, Professional Appearance, Acceptance of Gifts, Smoke-Free Workplace, and Workplace Violence. None Options and Results Approve the Volunteer Handbook to be used by City volunteers. Staff will bring back options for recommended changes. Do not implement Volunteer Handbook. COML Council Packet 10-24-23,Page 152 of 174 RESOLUTION NO. 3964 A RESOLUTION OF THE CITY OF MOSES LAKE, WA ESTABLISHING A VOLUNTEER HANDBOOK POLICY Recitals: 1. The City’s volunteer program is designed to promote the spirit of partnership and increase interaction with citizens, community organizations, and local businesses. 2. The policies have been recommended by the City Manager to provide overall guidance and direction to have well-informed volunteers. Resolved: 1.The attached Volunteer Handbook (Exhibit A) is ADOPTED by the City Council onOctober 24, 2023. ________________________________________ Don Myers, Mayor ATTEST: _________________________________________ Debbie Burke, City Clerk PER.02.03 Page 1 of 21 Issued: 10/2023 Revised: 10/2023 VOLUNTEER HANDBOOK CITY OF MOSES LAKE COML Council Packet 10-24-23,Page 154 of 174 PER.02.03 Page 2 of 21 TABLE OF CONTENTS INTRODUCTION AND PURPOSE MISSION STATEMENT FUNDAMENTALS OF VOLUNTEERING VOLUNTEER EXPECTATIONS VOLUNTEER BEHAVIORS CUSTOMER SERVICE POLICIES & PROCEDURES Accident Prevention and Safety Substance Abuse Anit-Harassment Policy, Including Sexual Harassment City Property/Personal Possessions/Privacy Limitations Professional Appearance Acceptance of Gifts Smoke-Free Workplace Workplace Violence and Weapons Prohibition VOLUNTEER HOURS INDENTIFICATION RESIGNATION/TERMINATION RECEIPT OF VOLUNTEER HANDBOOK COML Council Packet 10-24-23,Page 155 of 174 PER.02.03 Page 3 of 21 INTRODUCTION AND PURPOSE The City of Moses Lake welcomes you as a volunteer and hopes your association with the City of Moses Lake will be a satisfying experience. Regardless of your contribution, you are making a dramatic difference in the lives of others by volunteering your time. By taking the time to participate in our programs, volunteers influence the future of the City of Moses Lake. In assisting staff with both daily tasks and new programs, volunteers enhance the levels of quality services the City of Moses Lake provides. We thank you for the time, devotion, and caring you are willing to share, and welcome you to the City of Moses Lake. The purpose of the volunteer handbook is to provide overall guidance and direction so that you will be an effective, well-informed volunteer. The policies outlined in the handbook are intended for guidance only, and do not constitute, either implicitly or explicitly, a binding contractual or personnel agreement. The City of Moses Lake reserves the right, at any time, to change/revise terms and conditions of voluntary service. As such, the contents of this handbook are subject to change in order to reflect those changes. Areas not specifically covered by the policies will be addressed by management. Copies of the City of Moses Lake Personnel Policies are located in the Human Resources Department (HR) as well as in all other departments. Ask your Supervisor if you want to refer to these policies. The City of Moses Lake also reserves the right to utilize, or not utilize, the services of volunteers. Volunteers are not considered to be City of Moses Lake employees and being a volunteer is not a guarantee of later employment with the City of Moses Lake. Please feel free to contact management and/or the Volunteer Coordinator for additional information. MISSION STATEMENT The City of Moses Lake Volunteer Program is designed to promote the spirit of partnership and increase interaction with citizens, community organizations and local business. In doing so, the City of Moses Lake wants to enhance its existing service offerings and/or expand them through the use of volunteer expertise as well as bring the many diverse populations of the community together to achieve a stronger, more connected community. FUNDAMENTALS OF VOLUNTEERING Attitude A volunteer needs to be open minded, willing to be trained, and able to accept direction and supervision. At the same time, the City of Moses Lake encourages volunteers to ask questions regarding policies, practices, or procedures. COML Council Packet 10-24-23,Page 156 of 174 PER.02.03 Page 4 of 21 Dependability and Reliability The dependability of a volunteer is extremely important. It is the volunteer’s responsibility to notify their Volunteer Supervisor if unable to volunteer at an appointed time, or if there are other factors that may affect the volunteer’s performance. Communication A volunteer not only serves the needs of the City of Moses Lake and the public in an important way, but also provides a vital link between the organization and the community. Communication is an essential element to a successful program. Both volunteers and the Volunteer Supervisor are encouraged to share questions, comments, and concerns that may arise in a positive, constructive manner. Responsibility Volunteers represent the City of Moses Lake to the citizens. As a volunteer affiliated with the City of Moses Lake you will be seen as a visible extension of our paid staff to citizens we serve. While most City of Moses Lake business is considered public information, certain information is confidential. Volunteers will not discuss or disseminate any confidential information that the volunteer may have knowledge of. It is vital that volunteers uphold the high professional standard that the public expects in order to maintain the City of Moses Lake’s reputation of integrity, professionalism, and trust. VOLUNTEER EXPECTATIONS The following rules must be followed while volunteering for the City of Moses Lake: 1. Volunteers shall obey all applicable City, County, State and Federal laws. 2. Volunteers shall sign a volunteer agreement 3. Volunteers shall not commit any acts nor fail to perform any acts which constitute a violation of any of the policies, procedures, guidelines, or directives of the City of Moses Lake, whether stated in this volunteer handbook and/or in the City of Moses Lake Personnel Policies. 4. Volunteers shall promptly comply with any lawful orders of supervisors. 5. Volunteers shall conduct themselves in a manner as to reflect most favorably on the City of Moses Lake. Volunteers shall not engage in any conduct which is unbecoming of persons associated with the City of Moses Lake. 6. While on duty, the volunteer will not use his or her volunteer status to obtain any goods, products or services. 7. Volunteers shall not solicit or accept any gift or gratuity from any person, business or organization for the benefit of the volunteer, City of Moses Lake or others if it may reasonably be inferred that the person, business or organization: (a) seeks to influence action of an official nature; (b) seeks to affect the performance or non-performance of an official duty (c) has an interest which may be affected directly or indirectly by the performance of the volunteer's duty; or (d) creates an appearance of fairness issue. 8. Volunteers shall not use their official position or official identification for personal or financial gain to obtain privileges not otherwise available to them, or to avoid COML Council Packet 10-24-23,Page 157 of 174 PER.02.03 Page 5 of 21 consequences of illegal acts. Volunteer identification should only be used in the performance of volunteer duties. 9. Volunteers acting in an official capacity shall not recommend or suggest in any manner the employment or procurement of any particular product, or private, professional or commercial service. 10. Volunteers shall not possess or store alcoholic beverages or prescription drugs or substances in any City of Moses Lake vehicle or facility that affect one’s ability to function in the volunteer’s capacity. Volunteers shall not report for duty while under the influence of alcohol or drugs, including medications that may cause drowsiness or affect one’s ability to perform assigned duties. VOLUNTEER BEHAVIORS Volunteers are governed by the same rules of behavior that govern paid City of Moses Lake staff. Inappropriate behavior may be cause for termination from the City of Moses Lake volunteer program. Inappropriate behaviors include but are not limited to: 1. Unauthorized absence and/or repeated tardiness 2. Intoxication and/or drinking alcoholic beverages or use or under the influence of narcotics or drugs on the premises or at any time while providing volunteer service 3. Dishonesty or theft 4. Unprofessional behavior towards customers, employees, or other volunteers 5. Unwillingness to comply with City of Moses Lake or departmental standards or volunteer position expectations 6. Falsification of records 7. Insubordination 8. Divulging confidential information 9. Damaging, defacing, or deliberately mishandling City of Moses Lake equipment, property, or supplies 10. Sleeping while on duty 11. Failing to report an injury, incident, or accident concerning an employee, customer, volunteer or any person within the Agency or on City of Moses Lake property 12. Carrying prohibited weapons on City of Moses Lake property 13. Willful violation of City of Moses Lake policies, rules, or regulations CUSTOMER SERVICE Serving our customers is the number one priority of all City of Moses Lake volunteers and regular employees. Volunteers will be called upon to provide residents with the high quality customer service they have come to expect. It is important to keep in mind that ‘customer’ includes everyone the volunteer comes in contact with while representing the City of Moses Lake, including citizens, patrons, City of Moses Lake employes, contract employees, and representatives from other agencies and organizations. The City of Moses Lake is dedicated to COML Council Packet 10-24-23,Page 158 of 174 PER.02.03 Page 6 of 21 providing quality customer service and as part of our commitment to customer service, it is important to keep the following points in mind when serving customers: 1. Listen actively to determine the customer’s needs. 2. Always remain courteous, calm and professional. 3. Make an extra effort to help the customer solve his/her problem. POLICIES AND PROCEDURES ACCIDENT PREVENTION AND SAFETY It is the City’s intent to provide safe working conditions for its Volunteers. Every volunteer is responsible for maintaining a safe work environment and following city, state and federal safety policies. Volunteers 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. Volunteers 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. Volunteers 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 volunteers 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 volunteer for drugs or alcohol use, to confirm that the use of drugs or alcohol was not a factor in the accident. In addition, no City volunteer 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, volunteers 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 volunteer 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 volunteer 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 volunteer should have his or her treating physician complete the applicable portion of the Washington State Labor and Industries Claim form. The injured volunteer’s Department Director or designee shall immediately forward the original completed time loss certification to Human Resources. COML Council Packet 10-24-23,Page 159 of 174 PER.02.03 Page 7 of 21 Accidents/Incidents: Volunteers 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 volunteer must complete the City’s online Incident Report form and, unless the volunteer 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. Volunteers shall compile any reports requested by their supervisor, Department Director and/or Human Resources. In the case of a vehicular accident, the volunteer 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 volunteer. 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 volunteers 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. SUBSTANCE ABUSE NON-DOT REGULATED POSITIONS This policy applies to every person in the performance of non-DOT regulated positions. No volunteer 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 volunteer 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 volunteer may use City property or the volunteer’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 volunteer's duties. It is the volunteer'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. COML Council Packet 10-24-23,Page 160 of 174 PER.02.03 Page 8 of 21 REPORTING REQUIREMENTS In accordance with the Drug Free Workplace Act of 1988, a volunteer 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 volunteer 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 volunteer to stay home until able to safely perform their job. It is the responsibility of the volunteer to advise his/her treatment provider of the duties he/she is required to perform to determine the best form of treatment for the volunteer and any available alternatives. ANTI-HARASSMENT POLICY, INCLUDING SEXUAL HARASSMENT The City of Moses Lake is committed to ensuring that the practices and conduct of all its volunteers 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 volunteers have the right to work in an environment free from unlawful harassment based upon being in the protected class status. Any unlawful harassment of volunteers in the workplace, whether by coworkers, 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: 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; COML Council Packet 10-24-23,Page 161 of 174 PER.02.03 Page 9 of 21 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. COMPLAINT PROCESS A volunteer 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 volunteer is uncomfortable confronting the offending individual, the volunteer should report the incident promptly. A complaint can be made verbally or in writing to the Human Resources Director. In the alternative, as the volunteer may wish, the complaint may be brought to the attention of the City Manager or City Attorney. If a volunteer 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 COML Council Packet 10-24-23,Page 162 of 174 PER.02.03 Page 10 of 21 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 volunteer 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. Volunteers 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 volunteers, 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. 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. CITY PROPERTY / PERSONAL POSSESSIONS / PRIVACY LIMITATIONS The City may furnish desks, closets and/or lockers for security of volunteer coats, purses and other personal possessions. The City does not, however, assume responsibility for any theft or damage to the personal belongings of volunteers. Volunteers 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 COML Council Packet 10-24-23,Page 163 of 174 PER.02.03 Page 11 of 21 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 volunteer; 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. Volunteers 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 volunteer 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 volunteers 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 volunteers 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. PERSONAL PROPERTY The City recognizes that volunteers may need or want to bring personal property to work. The City permits volunteers to do so but asks its volunteers 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 a volunteer may be asked to use for City business is their personal vehicle. It is the volunteer’s responsibility to safeguard personal belongings. The City will not be liable for lost, damaged or stolen property of its volunteers and at no time will the City replace or reimburse a volunteer for personal property that a volunteer brings to the workplace. Volunteers are encouraged to exercise reasonable care to safeguard personal items brought to work. For example, volunteers 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 COML Council Packet 10-24-23,Page 164 of 174 PER.02.03 Page 12 of 21 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 volunteer’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 volunteer, the volunteer 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. 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 volunteers choose to make long-distance personal telephone calls, calls must be charged to the volunteer’s home number or credit card. If volunteers 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. A volunteer 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's computer system is provided to assist volunteers 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. COML Council Packet 10-24-23,Page 165 of 174 PER.02.03 Page 13 of 21 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, 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. By using the City’s technology resources, volunteers acknowledge and agree that they have no expectation of privacy or confidentiality with regard to 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. Volunteers 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. Volunteers 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. 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 volunteer’s department director in writing prior to such use. Inappropriate uses of the City systems include, but are not limited to: • Personal commercial use. • 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. • Usage for any type of harassment or illegal discrimination including transmission of obscene, harassing, offensive or demeaning messages to any other individual. • Gambling. • Usage for any unethical activity that could adversely affect the City of Moses Lake. • Usage which precludes or hampers City network performance. • Unauthorized copying of copyrighted material. • Usage which violates software license agreements. • Transmission of sensitive or proprietary information to unauthorized persons or organizations. • Attempting to make unauthorized entry to other City systems or to other networks. • Connecting any personal device to a City device or system and downloading or copying City records to personal devices without authorization. • Recreational purposes, including the loading and playing of computer games or playing online games. • Sending anonymous messages and/or misrepresenting a volunteer’s name, position or job description. • Using profane, threatening, racist, sexist, or otherwise objectionable language in either public or private messages; or COML Council Packet 10-24-23,Page 166 of 174 PER.02.03 Page 14 of 21 • Usage that violates the guidelines set forth in the City’s personnel policies. 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. 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. 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 strategy and with the IT 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. AUTOMOBILE USAGE It is the City’s policy to provide vehicles for business use, to allow volunteers to drive on City business, to provide and require drivers to follow safety protocols, and to reimburse volunteers for business use of personal vehicles according to the guidelines below. The term “vehicle” as used in these guidelines includes, but is not limited to, cars, trucks, and vans. 1. Only volunteers 18 years old or older, possessing a valid driver license and meeting the driver approval standards may drive a vehicle on City business. 2. Volunteers may not operate any vehicle for City business without prior approval of their supervisor. 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), each supervisor 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. Volunteers 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. Volunteers 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 volunteer to be unable to drive safely. This prohibition includes, but is not limited to, circumstances in which the volunteer is temporarily unable to operate a vehicle safely or legally because of injury, illness, or medication. COML Council Packet 10-24-23,Page 167 of 174 PER.02.03 Page 15 of 21 4. Volunteers 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. 5. Volunteers are to attend driver training and vehicle orientation prior to operating a City vehicle. Periodic on-going driver training will also be provided. 6. Volunteers may use City vehicles for non-business purposes only with the approval of a supervisor. 7. 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 volunteer’s personal vehicle, without prior approval, when the vehicle is being used for City business. All permitted passengers must read and sign a “Permission-to-ride Waiver”. 8. When no City vehicles are available, volunteers may use their own vehicles for business purposes with prior approval of a supervisor. Auto liability coverage follows the vehicle. Therefore, the volunteer’s personal auto insurance is primary, and WCIA’s liability coverage is excess. Volunteers 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, volunteers who operate personal vehicles for City business should obtain and maintain auto liability coverage for bodily injury and property damage and any other required coverage determined by the volunteer’s personal auto insurance agent or broker. 9. Every City vehicle should have an accident report form and WCIA proof of coverage card in the glove box. 10. All vehicle accidents involving City vehicles must be reported to the local authority immediately following the accident. Volunteers 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. Volunteers are expected to cooperate fully with authorities in the event of an accident. However, volunteers should avoid making voluntary statements regarding the accident; other than reply to questions of investigating officers. 11. The City has a zero-tolerance policy, prohibiting volunteers from operating a City vehicle or any personal vehicle, under any circumstances, when any physical or mental impairment causes the volunteer to be unable to drive safely. Additionally, volunteers 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. Volunteers 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, volunteers should advise their supervisor of any such tickets, citations, or infractions received. 14. Volunteers should 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. COML Council Packet 10-24-23,Page 168 of 174 PER.02.03 Page 16 of 21 PROFESSIONAL APPEARANCE Volunteers 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 volunteer pride and inspire confidence. • Volunteers shall be neat, clean, and well groomed. • Attention shall be given to appropriate work attire. Office volunteers 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. • 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. Volunteers 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. • Volunteers 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. COML Council Packet 10-24-23,Page 169 of 174 PER.02.03 Page 17 of 21 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 volunteer orientation period and on an as-needed basis for volunteers 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 volunteers 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. Volunteers seeking an accommodation should submit their request to their supervisor or department head. Volunteers are responsible for ensuring their personal appearance meets the guidelines set forth in this policy and is appropriate for work. Any volunteer 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. 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. ACCEPTANCE OF GIFTS No City volunteer 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 volunteer’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 volunteer regardless of City employment. Volunteers shall report the receipt of all gifts to their department head who will, in turn, report the gift to the City Manager. SMOKE-FREE WORKPLACE Volunteers 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 COML Council Packet 10-24-23,Page 170 of 174 PER.02.03 Page 18 of 21 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. 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 volunteer, employee, or citizen of the City of Moses Lake. All volunteers 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. Volunteers 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 a volunteer’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 a volunteer’s work area, locker, desk, and seize any items deemed necessary. This includes, if necessary, a volunteer’s personal possessions such as a briefcase, purse, wallet, lunch box, backpack, clothing, or person. Only in compelling circumstances will the City search a volunteer’s person or clothing and the search will be conducted in as confidential manner as possible. COML Council Packet 10-24-23,Page 171 of 174 PER.02.03 Page 19 of 21 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 volunteer from retaliation for lodging a good faith complaint. • If a volunteer believes he/she is being threatened by the supervisor, the volunteer shall contact the department head immediately. • If a volunteer believes he/she is being threatened by the department head, or if the volunteer does not feel comfortable discussing the matter with the supervisor or department head, the volunteer shall contact the Human Resources Department immediately. In such cases, the Human Resources Department shall be the department to initiate an investigation. Volunteers who file false charges with malicious intent will be subject to potential discipline. 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 City’s policies. Any volunteer who obtains a court issued restraining order or anti-harassment order prohibiting another individual from contacting the volunteer at work should promptly notify his or her supervisor or director of the court’s issuance of the order. Any volunteer who reasonably believes that a situation with an aggressive employee, citizen, guest, contractor, vendor, or other party that may become violent, putting the volunteer 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 volunteer who leaves a work area when the volunteer 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, volunteers should promptly call 911. The timing and circumstances of possible return by volunteers to the area should be coordinated by management. The volunteer, 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. VOLUNTEER HOURS Each department will have additional policies, procedures, and guidelines to follow depending upon individual assignments. Volunteer coordinators will cover information specific to the COML Council Packet 10-24-23,Page 172 of 174 PER.02.03 Page 20 of 21 particular assignment with the volunteer. Any questions related to policies, procedures, or volunteer assignments should be discussed with the Volunteer coordinator or Department Head. IDENTIFICATION The Human Resources Department (HR) will issue each volunteer a photo identification badge. While performing duties for the City of Moses Lake volunteers should wear the volunteer identification badge or carry the identification badge on their person. There are no exceptions to this rule. The identification badge should be worn on the outermost garment, in an easily visible manner, or carried on their person and available to be viewed when requested. Volunteers shall protect their badge and not reproduce or give it to anyone for any purpose. If the identification badge is lost, immediately report the loss to the volunteer supervisor. Volunteers shall furnish their name and show their identification badge to any person requesting this information when on duty or while representing the City of Moses Lake in any capacity. Volunteers are responsible for returning ID cards and/or card-key to the volunteer supervisor when ending volunteer status with the City of Moses Lake. RESIGNATION/TERMINATION Volunteer placements are made on a conditional basis. Either the City of Moses Lake or the volunteer may terminate the arrangement, at any time, if it is not agreeable or acceptable to either party and/or when the assignment has been completed. Volunteers are requested to give as much notice as possible if resigning from or interrupting the volunteer assignment for an extended period of time. Should a volunteer desire reassignment, he/she should notify his/her volunteer supervisor. COML Council Packet 10-24-23,Page 173 of 174 PER.02.03 Page 21 of 21 RECEIPT OF VOLUNTEER HANDBOOK I have received a copy of the Volunteer Handbook, which outlines the policies and procedures of the City of Moses Lake. I have read and understand the information in it and agree to abide by the policies while volunteering. The handbook does not constitute a contractual arrangement or agreement between the City of Moses Lake and its volunteers of any kind including, but not limited to, the terms and conditions of volunteering. The City of Moses Lake reserves the right to utilize, or not utilize, the services of volunteers. I understand that it is my responsibility to secure information from my supervisor if I have questions or concerns about any of the information outlined in this Volunteer Handbook. I understand that these policies and procedures are continually evaluated and may be amended, modified or terminated at any time and at the sole discretion of the City of Moses Lake with or without notice. __________________________ Print Name __________________________ Signature of Volunteer Date __________________________ Assigned Department Volunteer Program for City of Moses Lake COML Council Packet 10-24-23,Page 174 of 174