FINAL 2020 1027 Council Agenda PacketMoses Lake City Council
David Curnel, Mayor | Daryl Jackson, Deputy Mayor | Mike Riggs, Council Member | Karen Liebrecht, Council Member
Don Myers, Council Member | David Eck, Council Member| Dean Hankins, Council Member
REMOTE ACCESS ONLY
Citizens can join this meeting via phone by calling the numbers listed at the bottom of the agenda or by
audio only option https://cityofml.zoom.us/j/92075438660
Tuesday, October 27, 2020, 6 PM
Study Session
6 p.m. Comprehensive Plan Update
Presented by Melissa Bethel, Community Development Director
Regular Meeting Agenda
Call to Order – 7 p.m.
Roll Call
Pledge of Allegiance
Approval of the Agenda
Summary Reports:
Mayor’s Report
-Columbia Basin Development League
-Flag Raising Ceremony
Additional Business
City Manager’s Report
-CARES Act Small Business Grants Update (pg 4)
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October 27, 2020, City Council Meeting Page 2
Citizen’s Communications - Citizens who would like to address the Council can submit written
comments to the City Clerk no later than 3 p.m. on the day of the meeting. Comments will be
provided to Council electronically and recorded in the meeting minutes. Citizens who would like to
speak on matters during the meeting will need to contact the City Clerk no later than 3 p.m. on the day
of the meeting and provide the name or number you will use to access the virtual meeting. There will
be a five-minute limit per speaker.
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.
#1 pg 5
a.City Council Meeting Minutes Dated October 13, 2020
b.Claims and Payroll
c.Set Date for Public Hearings – Property Tax and Budget
d.Kaufmann Water Rights Purchase and Sale Agreement
e.Grant County Sub-Recipient COVID Funding Contract Extension
Old Business
#2 pg 67
a.MLMC 9.18 Anti-Camping Update Ordinance 2959 Motion
b. HopeSource Agreement on Sleeping Center Management Motion
c. Sleeping Center Administrative Policies Resolution 3830 Motion
Presented by Melissa Bethel, Community Development Director
Summary: Council to review and consider adoptions/approval
New Business
#3
Motion
#4
Motion
pg 114
LTAC Annual Application Recommendations/2020 Tourism Presentation
Recommendations Presented by Cindy Jensen, Finance Director
Presentation by Lynne Lynch, Communications and Marketing Specialist
Summary: Review options and provide direction to staff
pg 117
Marina View PURD Ordinance 2958
Presented by Melissa Bethel, Community Development Director
Summary: Council to review and consider adoption
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October 27, 2020, City Council Meeting – Page 3
#5 pg 137
Good Faith 4 All Annexation Request Motion
#6
Motion
Presented by Melissa Bethel, Community Development Director
Summary: Council to review and consider approval
pg 142
Larson Rec Center Parking Quit Claim Deed Resolution 3831
Presented by Fred Snoderly, Municipal Services Director
Summary: Council to review and consider adoption
Administrative Reports
Council Communications and Reports
Executive Session – none scheduled
Adjournment
Zoom Meeting – Audio Only
When: Oct 27, 2020 06:00 PM Pacific Time (US and Canada)
Please click the link below to join the webinar:
https://cityofml.zoom.us/j/92075438660
Or iPhone one-tap :
US: +12532158782,,92075438660# or +13462487799,,92075438660#
Or Telephone:
Dial(for higher quality, dial a number based on your current location):
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Webinar ID: 920 7543 8660
International numbers available: https://cityofml.zoom.us/u/aiCiXEji1
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STAFF REPORT
To: Mayor and Council
From: Allison Williams, City Manager
Date: October 27, 2020
Proceeding Type: City Manager’s Report
Subject: CARES Act Small Business Grants Update
Legislative History:
• First Presentation: October 27, 2020
• Second Presentation:
• Action: No Action
Staff Report Summary
The City, working with the Chamber of Commerce and the Moses Lake Downtown Association,
received twenty (20) applications for a Small Business Grant funded through the CARES Act. Staff
reviewed all applications, ensuring that Grant Guidelines were met for each applicant. A score
sheet was implemented to provide fair and impartial scoring to determine award amount per
applicant. Four (4) City Staff members performed the scoring, with the cumulative score
determining the award amount. Out of the twenty (20) applicants, eighteen (18) were awarded
grants ranging from $2,000 to $5,000.
Background
The City of Moses Lake, in conjunction with the Moses Lake Chamber of Commerce and the
Moses Lake Downtown Association, made a request for applications for a Rapid Response Small
Business Grant that is funded through the CARES Act. Applicants were requested to submit an
application and an Economic Impact Worksheet, as well as documentation of revenue impact
from COVID-19 and/or the Governors Stay at Home orders. City staff analyzed the applications to
ensure all applicants met the Grant Guidelines, compiling a report of all applicants, and creating
and implementing a score sheet to determine award amount. The score sheet contained 10
criteria which included: Number of full time employees at risk of job loss, years of operation in
Moses Lake, other Grant funds received, impact on revenue from COVID-19 and/or the
Governors Stay at Home orders, the Community impact from the business being closed and
more. Scores were calculated on a basis of 0-5, and then cumulated to a total. Any businesses
that had a cumulative score of 2.5 or higher were awarded their requested amount. Businesses
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Page 2 of 2
that scored lower than 2.5 were awarded 75% of their grant request. Scores were determined by
four (4) City Staff members to ensure fair and impartial award amounts.
Of the twenty (20) applicants, eighteen (18) met the grant criteria and were awarded various
fund amounts ranging from $2,000 to $5,000. The total award amount is $87,500. A log of
businesses that applied and were awarded Grant funds is available upon request.
Fiscal and Policy Implications
No fiscal impact. Funds are provided through the CARES Act.
Options
N/A
Staff Recommendation
N/A
Attachments
N/A
Legal Review
N/A
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MOSES LAKE CITY COUNCIL October 13, 2020
STUDY SESSION
Water Sewer Rate Study – Consultant FCS Group Angie Sanchez and Melanie Hobart from FCS Group provided a PowerPoint presentation to illustrate the Water and Sewer Rate Study Cost of Service preliminary findings. They requested each Council Member to complete their survey regarding level and structure of rate adjustments.
Their next presentation will be a work session to summarize incorporation of Council goals. CALL TO ORDER
The regular meeting of the Moses Lake City Council was called to order at 7 p.m. by Mayor Curnel via audio only remote access. Special notices for attendance and citizen comment were
posted on the meeting agenda. ROLL CALL
Present: Mayor Curnel, Deputy Mayor Jackson; Council Members Eck, Riggs, Liebrecht, Myers, and Hankins.
PLEDGE OF ALLEGIANCE
Council Member Hankins led the Flag Salute. AGENDA APPROVAL
Action taken: Council Member Eck moved to approve the Agenda, second by Council Member Riggs. The motion carried 7 – 0.
SUMMARY REPORTS
MAYOR’S REPORT
Mental Health Proclamation
Mayor Curnel issued a proclamation declaring October as National Mental Health and Substance Abuse Awareness Month. He explained that the Mrs America pageant has been fundraising for this and has raised $60,000-$70,000 over the last three years that has been used to educate youth about substance abuse.
Halloween Protocols Under COVID
Mayor Curnel discussed the County Health Department and Center for Disease Control recommendations that can be found on the City’s website. He recommends residents follow the Federal, State, and Cunty guidelines to not participate in door-to-door trick or
treating and urges residents to take advantage of the downtown business drive-by trick or treating or similar local events.
Redflex Report
Mayor Curnel requested a report on the rate of return on the Redflex traffic light
citations. Chief Kevin Fuhr advised that normal revenue is roughly $500,000 to the General Fund to offset costs for the School Resource Officers. The numbers have not
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CITY COUNCIL MINUTES – October 13, 2020
pg. 2
been as high since the COVID-19 pandemic shelter in place orders where put in place earlier this year. However, the City only pays for the equipment lease for an amount not to exceed actual revenue and no payment is due for cameras that are out of operation. The
Annual Summary Reports are posted online under the Police Department section of the City’s webpage. Christmas Week Council Meeting
Mayor Curnel inquired about Council Member’s availability for the second regular
meeting in December. The meeting has previously been moved to the Thursday prior
when holiday break has interfered. With no objections from Council, the meeting will remain as scheduled on December 22.
CITY MANAGER’S REPORT
Engineering Services Division Director Recruitment
City Manager Allison Williams proposed the creation of an Engineering Services Division Director with separation of duties for the existing Municipal Services Director to a Public Works and Airport Operations Director. This is due to her recent evaluation on the existing and anticipated growth the City is experiencing.
Action taken: Council Member Eck moved to approve the separation of duties and recruitment, second by Council Member Hankins. The motion carried 7 – 0. New Employees
A brief introduction was given of all new hires: Community Development Director Melissa Bethel; Finance: Utility Customer Service Jacqueline Martinez, Accountant John White, and Accounts Payable Stephanie Jacobs. Employee Promotion
Laura Elzig was recently promoted to the Human Resources Assistant position. Love’s Travel Stop Meeting Washington State Legislators have requested a meeting with City staff regarding the Love’s Travel Stop building permit due to citizen concerns and complaints. The
permitting process has been completed for with the City and with the Washington State Department of Transportation. Staff has received positive feedback from Love’s to contribute funding toward a new nature trail to help preserve the wetlands.
Chamber Masking Campaign and COVID Update
City Manager Allison Williams thanked the Moses Lake Chamber of Commerce for putting the reader boards at each end of town reminding people to mask up. Mayor Curnel advised that there are confirmed cases of person being infected a second time.
Budget Summary
The Budget Summary was emailed to Council prior to the meeting. The document is intended to provide the Council insight prior to the October 24, 2020 budget retreat.
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CITY COUNCIL MINUTES – October 13, 2020
pg. 3
CONSENT AGENDA
#1 a. City Council meeting minutes dated September 22, 2020
b. Claim Checks 149460 through 149695 in the amount of $2,091,458.27; Payroll Checks 63533 through 63548 in the amount of $16,431.94; and Electronic Payments dated October 2, 2020, in the amount of $451,239.56 c. Garro Quit Claim Deed and Easement Resolution 3828 d. Accept Bid for Fleet Fuel Procurement
e. Additional Homeless Shelter Purchase f. Esri Enterprise Agreement Renewal Action taken: Council Member Eck moved to approve the Consent Agenda, second by Council Member Liebrecht. The motion carried 7 – 0.
OLD BUSINESS #2 Council Committee Assignments Resolution 3829 Council subcommittees are being established as recommended by City Manager Allison
Williams. Council Members Eck and Myers were appointed to Municipal
Services/Community Development Committee, Mayor Curnel and Council Member Riggs were appointed to the Finance Committee, and Council Members Liebrecht and Riggs were appointed to the Public Safety Committee. These assignments will continue through December of 2021.
Action taken: Council Member Riggs moved to adopt Resolution 3829 as presented, second by Council Member Myers. The motion carried 7 – 0. NEW BUSINESS
#3 2946 Rd. F.6 NE Request to Connect Water and Sewer
Barbara Gallaway requests approval to connect to the City’s water and sewer systems to serve parcel #170753001. Action taken: Council Member Hankins moved to approve the request to connect to City water
and sewer at 2946 Rd F.6 NE with an extraterritorial agreement, second by Council Member Eck. The motion carried 7 – 0. #4 Aho Construction Sun Terrace Plat Extension Request
Aho Construction has requested the first of two one-year extensions for the Preliminary Plats
of Sun Terrace Phase 5, 7, and 8. They provided a planned timeline that will require them to request another extension for Phase 8..
Action taken: Council Member Riggs moved to authorize the request as presented, second by Council Member Myers. The motion carried 7 – 0.
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CITY COUNCIL MINUTES – October 13, 2020
pg. 4
#5 Update MLMC 10.12 Parking Regulations Ordinance 2957 This amendment would add no parking on segments of Clover Drive near Lakeview Elementary, and Ninth Avenue location that is West of Balsam, as well as creating
Section 10.12.038 to restrict parking within 15-feet of community mailboxes. The
mailbox areas will be marked with paint. Action taken: Council Member Myers moved to adopt Ordinance 2957 as amended, second by Council Member Liebrecht. The motion carried 7 – 0.
ADMINISTRATIVE REPORTS
Water Conservation Report Municipal Services Director Fred Snoderly reported that water usage increased about 8% from last summer’s conservation period.
Loop Dr. Nuisance Abatement Community Development Director Melissa Bethel advised that the Resolution adopted at the September 22, 2020, Council Meeting to abate a nuisance was cleaned up by the property owner before staff were able to proceed with hiring someone to do the clean-up.
Chambers and Auditorium A/V Upgrade There will be no access to the existing sound system in the Council Chambers until the November 10 Council Meeting. The Budget Study Session to be held on Saturday, October 24, as well as the next Regular Council Meeting on Tuesday, October 27, will be held in person for
Council using mobile A/V equipment. Director’s will rotate for in person attendance and the public will have remote access only. Neighborhood Meetings City Manager Allison Williams noted that staff has started interfacing with the community as
part of the Land Use process. Their first neighborhood meeting is being held tonight for the
Moses Lake School District Real World Academy project. EXECUTIVE SESSION
Mayor Curnel called an Executive Session at 7:47 p.m. to be held for 30 minutes pursuant to
RCW 42.30.110(1) subsections (g) and (i) to discuss performance of a public employee and potential litigation; and there will be no further business.
ADJOURNMENT
The regular meeting was adjourned at 8:17 p.m.
______________________________________ David Curnel, Mayor
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CITY COUNCIL MINUTES – October 13, 2020
pg. 5
ATTEST____________________________________ Debbie Burke, City Clerk
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To: Allison Williams, City Manager
From: Cindy Jensen, Finance Director
Council Meeting Date: October 27, 2020
Proceeding Type: Consent Agenda
Subject: Semi-Monthly Disbursement Report
The following amounts were budgeted and sufficient funds were available to cover these payments:
Claim Checks 149696 - 149855 $1,562,847.54 Payroll Checks 0063549 - 0063563 $15,320.63 Electronic Payments Payroll ACH –10/16/2020 $455,036.23
Summary
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 has 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 its processes to ensure appropriate internal controls are in place.
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STAFF REPORT
To: Allison Williams, City Manager
From: Cindy Jensen, Finance Director
Date: October 21, 2020
Proceeding Type: Consent Agenda
Subject: Set Date for Public Hearings—2021 Preliminary Budget and 2021
Property (Ad Valorem) Tax Levy
Legislative History:
• First Presentation: October 22, 2019
• Second Presentation:
• Requested Action: Motion
Staff Report Summary
In accordance with Washington State law it is necessary to schedule:
• A public hearing to review Revenue Sources and Consideration of Legislation pertaining
to Ad Valorem (Property) Tax to be levied for collection in 2021; and
• Two public hearings on the 2021 Preliminary Budget.
We are requesting that Council set the date of November 10, 2020, for the public hearing on the
2021 Property (Ad Valorem) Tax and the first public hearing on the 2021 Budget; and November
24, 2020 for the second public hearing on the 2020 Budget.
The 2021 Preliminary Budget document will be posted on the City’s website on November 1,
2020.
Staff Recommendation
Staff recommends City Council set the dates for public hearings regarding the 2021 Budget and
Property (Ad Valorem) Tax levy.
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STAFF REPORT
To: Mayor David Curnel, Council Members
From: Allison Williams, City Manager
Date: October 22, 2020
Proceeding Type: Consent Agenda
Subject: Kaufmann/Stredwick Purchase and Sale Agreement (PSA)
Legislative History:
• First Presentation: October 27, 2020
•
• Action: Motion authorizing purchase
OVERVIEW:
Stan Kaufmann approached the City regarding interest in purchasing an irrigation water right he
owns approximately 4 miles west of town. Following a due diligence review by our engineer
(Aspect Consulting) and City Attorney, and briefing to City Council, we entered into negotiations
to purchase his water right. Mr. Kaufmann owns approximately 180 acres-feet of water rights
and we negotiated a PSA based on $2,700/acre-foot. This is within the market rate for water
rights in our area. If the entire water right is approved for transfer by Ecology, the City will pay a
total of $483,516.
Staff will deposit $40,000 in Earnest Money to an Escrow Account within 30 days of entering into
the PSA. This will be followed by 9 months of transfer process with Ecology, including verification
of Mr. Kaufmann’s ownership and water use history, public notice, SEPA, and Ecology review. At
the end of that period, if Ecology approves the transfer, the deal will close, the balance of the
purchase price will be made, and we will receive the deed for the water right transferred to our
wells in the same aquifer. If Ecology approves less water for transfer, the purchase price will be
reduced proportionately on a per acre-foot basis. The City will only pay for what is successfully
transferred. If the transfer is denied, our Earnest Money will be refunded.
Financial Overview:
The City has a water rights fund from which the purchase amount would be drawn. Adequate
fund balance exists for this purchase.
Moses Lake Council Packet 10-27-20, Page 41 of 149
Page 2 of 2
Staff Recommendation:
Prior long-range planning done by the City has indicated the need to continue to acquire water
rights as they become available in order to support the future growth of the City. Staff
recommends entering into the PSA.
Options
Option Results
• Authorize the Purchase and Sale
Agreement
City Council authorizes the City Manager to
execute the agreement
• Take no action. The City would not acquire the water rights
Attachments
A. Purchase and Sale Agreement and First Amendment
Legal Review
The following documents are attached and subject to legal review:
Type of Document Title of Document Date Reviewed by Legal Counsel
• RESPA Water Right PSA and First Amendment September 2020
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STAFF REPORT
To: Mayor and Council
From: Allison Williams, City Manager
Date: October 22, 2020
Proceeding Type: Consent Agenda
Subject: COVID-19 Emergency Housing Grant Sub-Recipient Interlocal
Agreement Amendment/Extension
Legislative History:
• First Presentation: July 14, 2020
• Second Presentation: October 27, 2020
• Action: Motion
Staff Report Summary
On July 14, City Council authorized an interlocal agreement with Grant County for pass-through
COVID-19 Emergency Housing grant funds to establish the homeless outreach and sleeping
center projects. The original interlocal ended October 31, 2020. The Washington State
Department of Commerce has extended the deadline to December 31, 2020, and thus this
extension was required to allow the city to fully utilize the funds.
Fiscal and Policy Implications
This provides a longer timeframe within which to use the COVID-19 Emergency Housing Grant,
which is critical for the city to get the sleeping center AKA homeless camp established.
Options
Option Results
• Motion Authorize the City Manager to enter into the
extended interlocal agreement
• Take no action. The City would be out of compliance with the
grant timelines
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Page 2 of 2
Staff Recommendation
Staff recommends the City Council authorize the interlocal agreement extension.
Attachment
A. Interlocal Agreement Amendment A
Legal Review
The following documents are attached and subject to legal review:
Type of Document Title of Document Date Reviewed by Legal
Counsel
• Interlocal Agreement COVID-19 Emergency
Housing Grant
July 2020
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WASHINGTON STATE COVID-19 OUTBREAK
EMERGENCY HOUSING GRANT
AMENDMENT A TO SUB RECIPIENT AGREEMENT
THIS AGREEMENT is made and entered into by and between GRANT COUNTY,
WASHINGTON ("COUNTY"), duly organized and operating under and by virtue of the
Constitution and the laws of the State of Washington, and the CITY OF MOSES LAKE, ("SUB
RECIPIENT''), collectively referred to as the “Parties.”
In consideration of the mutual benefits and covenants contained herein, the parties agree
as follows:
1. DURATION OF AGREEMENT
The term of this Washington State Department of Commerce Emergency Housing Grant
Agreement, Contract No. 316-46108-10, shall begin on March 15, 2020, and shall terminate on
December 31, 2020.
2. SERVICES PROVIDED BY THE SUB RECIPIENT
The SUB RECIPIENT represents that it is qualified and possesses the necessary expertise,
knowledge, training, and skills, and has the necessary licenses and/or certification to perform the
services set forth in this Agreement.
The SUB RECIPIENT shall perform the following services:
Determine eligibility and provide assistance to respond to the COVID-19 outbreak related
to public health needs of people experiencing homelessness or otherwise in need of quarantine or
isolation housing due to the COVID-19 outbreak as set forth in Exhibit A, the Washington State
COVID-19 Outbreak Emergency Housing Grant Guidelines and the Grantee's Plan attached
hereto and fully incorporated by reference.
a. A description of the services to be performed by the SUB RECIPIENT is set forth
in Exhibit A.
b. The SUB RECIPIENT agrees to provide its own labor and materials. Unless
otherwise provided for in the Agreement, no material, labor, or facilities will be furnished by the
COUNTY.
c. The SUB RECIPIENT shall perform according to standard industry practice of the
work specified by this Agreement.
d. The SUB RECIPIENT shall complete its work in a timely manner and 111
accordance with the schedule agreed to by the parties.
Emergency Housing Grant Sub Recipient Agreement - 1
Moses Lake Council Packet 10-27-20, Page 57 of 149
e. The SUB RECIPIENT shall, from time to time, during the progress of the work,
confer with the COUNTY. At the COUNTY'S request, the SUB RECIPIENT shall prepare and
present status reports on its work.
f. The SUB RECIPIENT shall be in compliance with the Department of Commerce
Emergency Housing Grant Guidelines attached hereto as Exhibit A and/or as may be updated by
the Department of Commerce, with such guidelines fully incorporated herein by reference.
SPECIFICALLY, SUB RECIPIENT is required to collect verification of homelessness and
income to determine the eligibility of persons served as set forth in Exhibit A, Emergency
Housing Grant Guidelines.
3. SERVICES PROVIDED BY THE COUNTY
In order to assist the SUB RECIPIENT in fulfilling its duties under this Agreement, the
COUNTY shall provide the following:
a. Relevant information as exists to assist the SUB RECIPIENT with the performance
of the SUB RECIPIENT'S services.
b. Coordination with other County Departments or other Consultants as necessary for
the performance of the SUB RECIPIENT'S services.
c. Services documents, or other information identified in Exhibit A.
4. AGREEMENT REPRESENTATIVES
Each party to this Agreement shall have a contract representative. Each party may
change its representative upon providing written notice to the other party. The parties'
representatives are as follows:
For COUNTY:
For CITY:
June Strickler
Grant Administration Specialist
Board of County Commissioners
Grant County Courthouse
P,O. Box 37
Ephrata WA 98823-0037
Allison Williams
City of Moses Lake
401 S. Balsam Street
PO Drawer 1579
Moses Lake, WA 98837
Emergency Housing Grant Sub Recipient Agreement - 2
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5. COMPENSATION
a. For services performed hereunder, the SUB CONTRACTOR shall be paid, on a
fixed basis concerning the term of this Agreement, defined herein as March 15, 2020 to September
30, 2020, from those rates/funds set forth in State Contract #316-46108-10, a copy of the same
attached hereto as Exhibit B and incorporated herein by reference. The maximum total amount
payable by the COUNTY to the SUB RECIPIENT under this Agreement shall not exceed
$195,845.00, or as may be amended by the Department of Commerce;
• PROVIDED: Administrative costs of $3,000.00 incurred by the COUNTY will be
reimbursed out of grant funds as set forth below:
o $3,000.00 administration costs for March 1, 2020 to September 30, 2020.
b. No payment shall be made for any work performed by the SUB RECIPIENT,
except for work identified and set forth in this Agreement or supporting exhibits or attachments
incorporated by reference into this Agreement.
c. The SUB RECIPIENT may submit invoices to the COUNTY not more often than
once per month during the progress of the work for partial payment of work completed to date.
Invoices shall cover the time SUB RECIPIENT performed work for the COUNTY during the
billing period. The COUNTY shall pay the SUB RECIPIENT for services rendered in the month
following the actual delivery of the work and will remit payment within thirty (30) days from the
date of receipt of billing.
d. The SUB RECIPIENT shall not be paid for services rendered under the Agreement
unless and until they have been performed to the satisfaction of the COUNTY.
e. In the event the SUB RECIPIENT has failed to perform any substantial obligation
to be performed by the SUB RECIPIENT under this Agreement and such failure has not been
cured within ten (10) days following notice from the COUNTY, then the COUNTY may, in its
sole discretion, upon written notice to the SUB RECIPIENT, withhold any and all monies due and
payable to the SUB RECIPIENT, without penalty until such failure to perform is cured or
otherwise adjudicated. "Substantial" for purposes of this Agreement means faithfully fulfilling the
terms of the Agreement with variances only for technical or minor omissions or defects.
f. Unless otherwise provided for in this Agreement or any exhibits or attachments
hereto, the SUB RECIPIENT will not be paid for any billings or invoices presented for payment
prior to the execution of the Agreement or after its termination.
6. AMENDMENTS AND CHANGES IN WORK
a. In the event of any errors or omissions by the SUB RECIPIENT in the performance
of any work required under this Agreement, the SUB RECIPIENT shall make any and all necessary
corrections without additional compensation. All work submitted by the SUB RECIPIENT shall
Emergency Housing Grant Sub Recipient Agreement - 3
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be certified by the SUB RECIPIENT and checked for errors and omissions. The SUB RECIPIENT
shall be responsible for the accuracy of the work, even if the work is accepted by the COUNTY.
b. No amendment, modification or renewal shall be made to this Agreement unless
set forth in a written Contract Amendment, signed by both parties and attached to this Agreement.
Work under a Contract Amendment shall not proceed until the Contract Amendment is duly
executed by the COUNTY.
7. HOLD HARMLESS AND INDEMNIFICATION
a. The SUB RECIPIENT shall hold harmless, indemnify and defend the COUNTY,
its officers, officials, employees and agents, from and against any and all claims, actions, suits,
liability, losses, expenses, damages, and judgments of any nature whatsoever, including costs and
attorney's fees in defense thereof, for injury, sickness, disability or death to persons or damage to
property or business, caused by or arising out of the SUB RECIPIENT'S acts, errors or omissions
or the acts, errors or omissions of its employees, agents, subcontractors or anyone for whose acts
any of them may be liable, in the performance of this Agreement. Claims shall include, but not be
limited to, assertions that information supplied or used by the SUB RECIPIENT or subcontractor
infringes any patent, copyright, trademark, trade name, or otherwise results in an unfair trade
practice. PROVIDED HOWEVER, that the SUB RECIPIENT'S obligations hereunder shall not
extend to injury, sickness, death or damage caused by or arising out of the sole negligence of the
COUNTY, its officers, officials, employees or agents. PROVIDED, FURTHER, that in the event
of the concurrent negligence of the parties, the SUB RECIPIENT'S obligations hereunder shall
apply only to the percentage of fault attributable to the SUB RECIPIENT, its employees, agents
or subcontractors.
b. In any and all claims against the COUNTY, its officers, officials, employees and
agents by any employee of the SUB RECIPIENT, subcontractor, anyone directly or indirectly
employed by any of them, or anyone for whose acts any of them may be liable, the indemnification
obligation under this Section shall not be limited in any way by any limitation on the amount or
type of damages, compensation, or benefits payable by or for the SUB RECIPIENT or
subcontractor under Worker's Compensation acts, disability benefits acts, or other employee
benefits acts, it being clearly agreed and understood by the parties hereto that the SUB RECIPIENT
expressly waives any immunity the SUB RECIPIENT might have had under Title 51 RCW. By
executing the Agreement, the SUB RECIPIENT acknowledges that the foregoing waiver has been
mutually negotiated by the parties and that the provisions of this Section shall be incorporated, as
relevant, into any contract the SUB RECIPIENT makes with any subcontractor or agent
performing work hereunder.
c. The SUB RECIPIENT'S obligations hereunder shall include, but are not limited to,
investigating, adjusting and defending all claims alleging loss from action, error or omission, or
breach of any common law, statutory or other delegated duty by the SUB RECIPIENT, the SUB
RECIPIENT'S employees, agents or subcontractors.
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8. INSURANCE
SUB RECIPIENT shall provide insurance coverage as set out in this section. The intent
of the required insurance is to protect the COUNTY should there be any claims, suits, actions,
costs, damages or expenses arising from any loss, or negligent or intentional act or omission of
SUB RECIPIENT, or it agents, while performing under the terms of this Agreement.
The insurance required shall be issued by an insurance company authorized to do business
within the State of Washington. Except for Professional Liability or Errors and Omissions
Insurance, the insurance shall name the COUNTY, its agents, officers, and employees as
additional insureds under the insurance policy. All policies shall be primary to any other valid
and collectable insurance. SUB RECIPIENT shall instruct the insurers to give COUNTY thirty
(30) calendar days advance notice of any insurance cancellations, non-renewal or modification.
SUB RECIPIENT shall submit to COUNTY within fifteen (15) calendar days of the
Agreement start date, a certificate of insurance which outlines the coverage and limits defined
in this insurance section. During the term of this Agreement, SUB RECIPIENT shall submit
renewal certificates not less than thirty (30) calendar days prior to expiration of each policy
required under this section.
SUB RECIPIENT shall provide insurance coverage that shall be maintained in full force
and effect during the term of this Agreement, as follows:
Commercial General Liability Insurance Policy. Provide a Commercial General
Liability Insurance Policy, including contractual liability, written on an occurrence basis,
in adequate quantity to protect against legal liability arising out of Agreement activity but
not less than $1,000,000.00 per occurrence. Additionally, SUB RECIPIENT is
responsible for ensuring that any subcontractors provide adequate insurance coverage for
the activities arising out of subcontracts.
Automobile Liability. In the event that performance pursuant to this Agreement involves
the use of vehicles, owned or operated by the SUB RECIPIENT, automobile liability is
$1,000,000.00 per occurrence, using a Combined Single Limit for bodily injury and
property damage.
Professional Liability, Errors and Omissions Insurance. SUB RECIPIENT shall
maintain Professional Liability or Errors and Omissions Insurance. SUB RECIPIENT
shall maintain minimum limits of no less than $1,000,000.00 per occurrence to cover all
activities by the SUB RECIPIENT and licensed staff employed by SUB RECIPIENT.
COUNTY, its agents, officers, and employees need not be named as additional insureds
under this policy.
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act
on behalf of SUB RECIPIENT for the purpose of receiving or depositing funds into
program accounts or issuing financial documents, checks, or other instruments of
payment for program costs shall be insured to provide protection against loss:
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A. The amount of fidelity coverage secured pursuant to this Agreement shall be
$100,000.00 or the highest of planned reimbursement for the Agreement period,
whichever is lowest. Fidelity insurance secured pursuant to this paragraph shall
name the COUNTY as a beneficiary.
B. SUB RECIPIENT shall secure fidelity insurance as noted above. Fidelity
insurance secured by SUB RECIPIENT pursuant to this paragraph shall name the
COUNTY as beneficiary.
C. SUB RECIPIENT shall provide, at COUNTY' s request, copies of insurance
instruments or certifications from the insurance issuing agency. The copies of
certifications shall show the insurance coverage, the designated beneficiary, who
is covered, the amounts, the period of coverage, and that COUNTY will be
provided thirty (30) days advance notice of cancellation.
9. TERMINATION
a. The COUNTY may terminate this Agreement for convenience in whole or in part
whenever the COUNTY determines, in its sole discretion that such termination is in the best
interests of the COUNTY. The COUNTY may terminate this Agreement upon giving thirty (30)
days written notice by Certified Mail to the SUB RECIPIENT. In that event, the COUNTY shall
pay the SUB RECIPIENT for all costs incurred by the SUB RECIPIENT in performing the
Agreement up to the date of such notice. Payment shall be made in accordance with Section 5 of
this Agreement.
b. In the event that funding for this project is withdrawn, reduced or limited in any
way after the effective date of this Agreement, the COUNTY may summarily terminate this
Agreement notwithstanding any other termination provision of the Agreement. Termination under
this paragraph shall be effective upon the date specified in the written notice of termination sent
by the COUNTY to the SUB RECIPIENT. After the effective date, no charges incurred under this
Agreement are allowable.
c. If the SUB RECIPIENT breaches any of its obligations hereunder, and fails to cure
the breach within ten (10) days of written notice to do so by the COUNTY, the COUNTY may
terminate this Agreement, in which case the COUNTY shall pay the SUB RECIPIENT only for
the costs of services accepted by the COUNTY, in accordance with Section 5 of this Agreement.
Upon such termination, the COUNTY, at its discretion, may obtain performance of the work
elsewhere, and the SUB RECIPIENT shall bear all costs and expenses incurred by the COUNTY
in completing the work and all damage sustained by the COUNTY by reason of the SUB
RECIPIENT'S breach. If, subsequent to termination, it is determined for any reason that (1) the
SUB RECIPIENT was not in default, or (2) the SUB RECIPIENT'S failure to perform was not its
fault or its subcontractor's fault or negligence, the termination shall be deemed to be a termination
under subsection a of this section.
Emergency Housing Grant Sub Recipient Agreement - 6
Moses Lake Council Packet 10-27-20, Page 62 of 149
10. ASSIGNMENT, DELEGATION, AND SUBCONTRACTING
a. The SUB RECIPIENT shall perform the terms of the Agreement using only its bona
fide employees or agents who have the qualifications to perform under this Agreement. The
obligations and duties of the SUB RECIPIENT under this Agreement shall not be assigned,
delegated, or subcontracted to any other person or firm without the prior express written consent
of the COUNTY.
b. The SUB RECIPIENT warrants that it has not paid nor has it agreed to pay any
company, person, partnership, or firm, other than a bona fide employee working exclusively for
SUB RECIPIENT, any fee, commission, percentage, brokerage fee, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement.
11. NON-WAIVER OF RIGHTS
The parties agree that the excuse or forgiveness of performance, or waiver of any
provision(s) of this Agreement does not constitute a waiver of such provision(s) or future
performance, or prejudice the right of the waiving party to enforce any of the provisions of this
Agreement at a later time.
12. INDEPENDENT CONTRACTOR
a. The SUB RECIPIENT'S services shall be furnished by the SUB RECIPIENT as an
Independent Contractor and not as an agent, employee or servant of the COUNTY. The SUB
RECIPIENT specifically has the right to direct and control SUB RECIPIENT'S own activities in
providing the agreed services in accordance with the specifications set out in this Agreement.
b. The SUB RECIPIENT acknowledges that the entire compensation for this
Agreement is set forth in Section 5 of this Agreement, and the SUB RECIPIENT is not entitled to
any County benefits, including, but not limited to: vacation pay, holiday pay, sick leave pay,
medical, dental, or other insurance benefits, fringe benefits, or any other rights or privileges
afforded to Grant County employees.
c. The SUB RECIPIENT shall have and maintain complete responsibility and control
over all of its subcontractors, employees, agents, and representatives. No subcontractor, employee,
agent or representative of the SUB RECIPIENT shall be or deem to be or act or purport to act as
an employee, agent or representative of the COUNTY.
d. The SUB RECIPIENT shall assume full responsibility for the payment of all
payroll taxes, use, sales, income or other form of taxes, fees, licenses, excises, or payments
required by any city, county, federal or state legislation which is now or may during the term of
this Agreement be enacted as to all persons employed by the SUB RECIPIENT and as to all duties,
activities and requirements by the SUB RECIPIENT in performance of the work on this project
and under this Agreement and shall assume exclusive liability therefore, and meet all requirements
thereunder pursuant to any rules or regulations.
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Moses Lake Council Packet 10-27-20, Page 63 of 149
e. The SUB RECIPIENT agrees to immediately remove any of its employees or
agents from assignment to perform services under this Agreement upon receipt of a written request
to do so from the COUNTY'S contract representative or designee.
13. COMPLIANCE WITH LAWS
The SUB RECIPIENT shall comply with all applicable federal, state and local laws, rules
and regulations in performing this Agreement.
14. INSPECTION OF BOOKS AND RECORDS
The COUNTY may, at reasonable times, inspect the books and records of the SUB
RECIPIENT relating to the performance of this Agreement. The SUB RECIPIENT shall keep all
records required by this Agreement for six (6) years after termination of this Agreement for audit
purposes.
15. NONDISCRIMINATION
The SUB RECIPIENT, its assignees, delegates or subcontractors shall not discriminate
against any person in the performance of any of its obligations hereunder on the basis of race,
creed, color, national origin, sex, honorably discharged veteran or military status, sexual
orientation, or the presence any sensory, mental, or physical disability or the use of a trained dog
guide or service animal by a person with a disability. Implementation of this provision shall be
consistent with RCW 49.60, et. seq.
16. OWNERSHIP OF MATERIALS/WORK PRODUCED
a. Material produced in the performance of the work under this Agreement shall be
"works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the
COUNTY. This material includes, but is not limited to, books, computer programs, plans,
specifications, documents, films, pamphlets, reports, sound reproductions, studies, surveys, tapes,
and/or training materials. Ownership includes the right to copyright, patent, register, and the
ability to transfer these rights. The COUNTY agrees that if it uses any materials prepared by the
SUB RECIPIENT for purposes other than those intended by this Agreement, it does so at its sole
risk and it agrees to hold the SUB RECIPIENT harmless therefore to the extent such use is agreed
to in writing by the SUB RECIPIENT.
b. An electronic copy of all or a portion of material produced shall be submitted to the
COUNTY upon request or at the end of the job using the word processing program and version
specified by the COUNTY.
17. DISPUTES
Differences between the SUB RECIPIENT and the COUNTY, arising under and by virtue
of this Agreement, shall be brought to the attention of the COUNTY at the earliest possible time
in order that such matters may be settled or other appropriate action promptly taken. Any dispute
relating to the quality or acceptability of performance and/or compensation due the SUB
Emergency Housing Grant Sub Recipient Agreement - 8
Moses Lake Council Packet 10-27-20, Page 64 of 149
RECIPIENT shall be decided by the COUNTY'S Contract representative or designee. All rulings,
orders, instructions and decisions of the COUNTY'S contract representative shall be final and
conclusive, subject to the SUB RECIPIENT'S right to seek judicial relief pursuant to Section 18.
18. CHOICE OF LAW, JURISDICTION AND VENUE
a. This Agreement has been and shall be construed as having been made and delivered
within the State of Washington, and it is agreed by each party hereto that this Agreement shall be
governed by the laws of the State of Washington, both as to its interpretation and performance.
b. Any action at law, suit in equity, or judicial proceeding arising out of this
Agreement shall be instituted and maintained only in any of the courts of competent jurisdiction
in Grant County, Washington.
19. SEVERABILITY
a. If a court of competent jurisdiction holds any part, term or provision of this
Agreement to be illegal, or invalid in whole or in part, the validity of the remaining provisions
shall not be affected, and the parties' rights and obligations shall be construed and enforced as if
the Agreement did not contain the particular provision held to be invalid.
b. If any provision of this Agreement is in direct conflict with any statutory provision
of the State of Washington, that provision which may conflict shall be deemed inoperative and
null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory
provision.
c. Should the COUNTY determine that the severed portions substantially alter this
Agreement so that the original intent and purpose of the Agreement no longer exists, the COUNTY
may, in its sole discretion, terminate this Agreement.
20. ENTIRE AGREEMENT
The parties agree that this Agreement is the complete expression of its terms and
conditions. Any oral or written representations or understandings not incorporated in this
Agreement are specifically excluded.
21. NOTICES
Any notices shall be effective if personally served upon the other party or if mailed by
registered or certified mail, return receipt requested, to the addresses set out in Section 4. Notice
may also be given by facsimile with the original to follow by regular mail. Notice shall be deemed
to be given three days following the date of mailing or immediately if personally served. For
service by facsimile, service shall be effective upon receipt during working hours. If a facsimile
is sent after working hours, it shall be effective at the beginning of the next working day.
The parties hereto acknowledge that the waiver of immunity set out in Section 7.b. was
mutually negotiated and specifically agreed to by the parties herein.
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Moses Lake Council Packet 10-27-20, Page 65 of 149
THIS AGREEMENT, is executed by the persons signing below who warrant that they
have the authority to execute the Agreement.
GRANT COUNTY WASHINGTON
BOARD OF COUNTY COMMISSIONERS
ADOPTED on this _______ day of October, 2020.
___________________________________
Cindy Carter
Chair
___________________________________
Tom Taylor
Vice-Chair
___________________________________
Richard Stevens
Commissioner
ATTEST:
___________________________________
Clerk of the Board
APPROVED AS TO FORM:
___________________________________
Chief Civil Deputy Prosecuting Attorney
CITY OF MOSES LAKE
ADOPTED on this _______ day of October, 2020.
___________________________________
Allison Williams, City Manager
Emergency Housing Grant Sub Recipient Agreement - 10
Moses Lake Council Packet 10-27-20, Page 66 of 149
Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Melissa Bethel, Community Development Director
Date: October 27, 2020
Proceeding Type: Old Business
Subject: MLMC 9.18 Anti-Camping Update Ordinance 2959
Legislative History:
• First Presentation: April 9, 2019
• Second Presentation: October 27, 2020
• Action: Motion
Staff Report Summary
The City has elected to operate its own homeless programs per Resolution 3764, and through
that resolution has the capacity to now enforce the provisions of MLMC 9.18 regarding Anti-
Camping regulations. The amendments to MLMC 9.18.040 would allow for more stringent
guidance to enforce the Anti-Camping Ordinance as prescribed in MLMC 9.18.040.
Background
The City of Moses Lake adopted Ordinance No. 2921 on April 9, 2019, allowing for changes to the
City’s Anti-Camping Ordinance. A 9th Circuit Court of Appeals decision (Martin V. City of Boise)
merited that as long as there is no option of sleeping indoors, the government cannot criminalize
indigent, homeless people for sleeping outdoors or on public property. That Circuit Court ruling
made the City’s Anti-Camping Ordinance unenforceable.
The City elected to operate homeless programs per Resolution 3764. On September 22, 2020,
the City Council approved the City Manager to execute a lease agreement for the property
located at 1045 E. Broadway Ave. on which the City would administer a Sleeping Center in
conjunction with HopeSource, whom is contracted to provide camp management and
Coordinated Entry services to the unsheltered population in Moses Lake. The City is planning on
an opening date of November 1, 2020, to begin operations at the Sleeping Center. The opening
of the Sleeping Center will allow for the enforcement of MLMC 9.18.040, following the guidance
of the 9th Circuit Court ruling.
Moses Lake Council Packet 10-27-20, Page 67 of 149
Page 2 of 2
Fiscal and Policy Implications
No fiscal impact.
Options
Option Results
• Adopt the Ordinance Allow the enforcement of Anti-Camping
Ordinance with more stringent guidelines
• Take no action. Anti-Camping Ordinance will remain the same
Staff Recommendation
Staff recommends the City Council consider adoption of the ordinance as presented.
Attachments
A. Draft Ordinance 2959
Legal Review
Type of Document Title of Document Date Reviewed by Legal Counsel
Draft Ordinance Anti-Camping Ordinance October 13th, 2020
Moses Lake Council Packet 10-27-20, Page 68 of 149
ORDINANCE NO. 2959
AN ORDINANCE AMENDING CHAPTER 9.18 OF
THE MOSES LAKE MUNICIPAL CODE
REGARDING CAMPING AND STORAGE OF
PERSONAL PROPERTY ON PUBLIC
PROPERTY, AND TAKING SUCH FURTHER
ACTION NEEDED THEREWITH
WHEREAS, the City of Moses Lake passed Municipal Ordinance 863, 1977, which
established the Moses Lake Municipal Code under Title 35A of the Revised Code Washington
(RCW); and
WHEREAS, Article 11, section 11 of the Washington State Constitution authorizes the City
to make and enforce in its limits all such local police, sanitary and other regulations as are not
in conflict with general laws; and
WHEREAS, the Moses Lake City Council possesses authority through RCW 35A.11.020 to adopt ordinances regulating the use of public ways and real property and other ordinances of
all kinds relating to and regulating its local or municipal affairs including ordinances defining
crimes and other offenses; and WHEREAS, Moses Lake has a homeless population that lives in its public areas; and
WHEREAS, the City of Moses Lake experienced many public health, safety, and welfare
problems that originated from its original camping ordinance; and
WHEREAS, Moses Lake City Parks are closed between 10:00 p.m. and 6:00 a.m.
daily except for activities approved by the City Parks Department; and
WHEREAS, the Moses Lake City Council passed City Ordinance 2921 on April 9, 2019,
conferring the authority to the City Manager to designate camping areas on public or
private property and prohibiting camping in other public areas; and
WHEREAS, the Moses Lake City Manager designated an area on September 22, 2020,
at the location commonly known as 1045 E Broadway Ave, Moses Lake, WA 98837,
where persons could camp, and;
WHEREAS, the Moses Lake City Council has considered this matter during a regularly and duly called public meeting of said Council, has given this matter careful review and consideration, and finds that good government and the best interests of the City of Moses Lake will be served
by passage of this ordinance.
NOW THEREFORE, the City Council of the City of Moses Lake do ordain as
follows:
Section 1. The Moses Lake City Council finds that unregulated camping and storage of
personal property on public property and rights-of-way creates the following described public
health, safety, and welfare problems:
Moses Lake Council Packet 10-27-20, Page 69 of 149
A. Establishment of campsites in areas that are unsafe for campers and
interfere with other uses;
B. Garbage, junk, litter and debris left at abandoned campsites that must be
cleaned up by City workers and/or property owners;
C. Syringes, drug paraphernalia, weapons, and other dangerous materials
left by some campers that endanger public health and safety of persons
who encounter it;
D. Property damage caused by some campers;
E. Threatening and abusive behavior by some campers that endangers
persons and property in their vicinity;
F. Obstruction of public property, sidewalks, and other rights of way by
camping facilities, paraphernalia, and storage of property;
G. Interference with ingress and egress to businesses and other private
property by campers, camping facilities, paraphernalia, and storage of property;
H. Theft and possession of stolen property by some campers;
I. Urination, defecation, and human waste left at some campsites and in
near proximity to them that endangers public health and safety of persons
who encounter it;
J. Some campers rummaging through garbage receptacles and leaving
garbage, junk, litter, and debris in the areas surrounding the receptacles
that must be cleaned up by City workers and/or property owners; K. Interference with customers of businesses in the vicinity of campsites,
and damage to business opportunities; L. Visual blight and odor emanating from some campsites;
M. Interference with electrical and other public facilities by some campers;
N. Indecent and unwholesome conduct by some campers;
O. Breaking and entering of businesses and other buildings in the vicinity of
some campsites;
P. Open flames and fires at some campsites that endanger nearby
persons and property; and
Q. Damage to downtown revitalization and tourism development. Section 2. The Moses Lake City Council incorporates herein the record of proceedings for
the October 27, 2020, Moses Lake City Council meeting.
Section 3. The City of Moses Lake finds that it is unsafe for campers, motorists, and
other users of public rights-of-way for people to camp in or upon streets, roadways,
alleys, parking lots, other public rights-of-way that are used or designed for use by
motor vehicles, multi-use paths, trails, planting strips, street medians, street median
strips, street median islands, traffic islands, roundabout islands, pedestrian refuge
islands or medians, and any other area or device that is used or designed to separate
streets or roadways from sidewalks, control intersections, or otherwise calm or direct
the travel of motor vehicles.
Section 4. Section 9.18.040 of the Moses Lake Municipal Code – Unlawful Camping, is
hereby amended as follows:
Moses Lake Council Packet 10-27-20, Page 70 of 149
A. During the hours of 10:00 p.m. to 6:00 a.m. At any time, it shall be unlawful for any person to camp, occupy camp facilities for purposes of habitation, or use camp paraphernalia in the
following areas, except as otherwise provided by ordinance or as permitted pursuant to
Section 9.18.070:
1. Any park;
2. Any street; or
3. Any publicly owned or maintained parking lot or other publicly owned or maintained area,
improved or unimproved.
B. During the hours of 6:00 a.m. to 10:00 p.m. At any time, it shall be unlawful for any person to occupy a vehicle for the purpose of camping while that vehicle is parked in the following areas, except as otherwise provided by ordinance or as permitted pursuant to Section 9.18.070:
1. Any park;
2. Any street; or
3. Any publicly owned or maintained parking lot or other publicly owned or maintained area, improved or unimproved.
Section 5. Section 9.18.050 of the Moses Lake Municipal Code – Unlawful Storage of Personal Property in Public Places, is hereby amended as follows:
During the hours of 6:00 a.m. to 10:00 p.m. At any time, it shall be unlawful for any person
to store personal property, including camp facilities (other than vehicles) and camp paraphernalia, in the following areas, except as otherwise provided by ordinance or as permitted pursuant to Section 9.18.070:
A. Any park;
B. Any street; or
C. Any publicly owned or maintained parking lot or publicly owned or maintained area, improved or unimproved. Section 6. The Moses Lake City Manager is hereby authorized to promulgate rules and
regulations that implement Chapter 9.18 of the Moses Lake Municipal Code.
Section 7. The City Clerk and the codifiers of this ordinance are authorized to make
necessary clerical corrections to this ordinance including, but not limited to, the correction
of scrivener's/clerical errors, references, ordinance numbering, section/subsection
numbers and any references thereto.
Section 8. If any portion or part hereof shall be determined to be invalid or unenforceable,
it shall be deemed severable from the remainder hereof. Section 9. The Moses Lake City Council finds and designates this to be a public emergency
ordinance necessary for immediate protection of public health, safety, property, and peace
which shall take effect immediately upon passage.
Moses Lake Council Packet 10-27-20, Page 71 of 149
Section 10. The Moses Lake City Clerk is authorized to publish a summary of this ordinance
in such form approved by the City Attorney.
Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on October 27, 2020.
_____________________________________ David Curnel, Mayor
ATTEST: _______________________________________ Debbie Burke, City Clerk
APPROVED AS TO FORM:
_______________________________________ Katherine L. Kenison, City Attorney Vote: Riggs Liebrecht Myers Jackson Curnel Eck Hankins
Aye
Nay
Abstain
Absent
Date Published: November 2, 2020 Date Effective: November 7, 2020
Moses Lake Council Packet 10-27-20, Page 72 of 149
Page 1 of 2
STAFF REPORT
To:
From:
Date:
Proceeding Type:
Subject:
Allison Williams, City Manager
Melissa Bethel, Community Development Director
October 23, 2020
Old Business
HopeSource Contract for Sleeping Center Management
Legislative History:
•First Presentation:
•Second Presentation:
•Action:
Staff Report Summary
The Mayor and City Council have taken a number of actions with the respect to being an active
participant in the delivery of services to the homeless population. In December 2019, the Council
held a work session with the providers of services in an effort to understand the work being done
to assist the homeless and chronically homeless populations in Moses Lake. In May 2019, the
City Council passed Resolution 3764 electing to have the City operate its own homeless program
and in August 13, 2019, the City Council passed Resolution 3774 declaring the City’s intent to
authorize a sales and use tax for affordable and supportive housing. In May of 2020, City Council
authorized the City Manager to contract for homeless services. That contract was dated from July
2, 2020, to expire October 31, 2020. The City has need to extend and expound upon that original
contract to provide homeless services in the form of management of the City’s Sleeping Center.
The new contract for homeless services would govern the scope of work and budget for one
year, from November 1, 2020 to October 31, 2021. HopeSource will be in charge of management
of the Sleeping Center and providing wrap around services to our unsheltered population.
Background
With the onset of the COVID pandemic, Grant County received $388,000 to create a plan for the
identification of, housing of, and quarantining of populations that are at risk. The plan needed to
be signed off on by the Public Health Officer. The funding was intended to create additional
emergency shelter space, increase access to sanitation and hygiene, and address the costs of the
displacement. The plan needed to be done in partnership with the largest city. As a result of the
Moses Lake Council Packet 10-27-20, Page 73 of 149
May 12, 2020
October 27, 2020
Motion
Page 2 of 2
effort, the City has developed the first phase of a plan for the chronically homeless and a request
for proposals was issued for a qualified non-profit as a partner in an initial and long term plan to
provide a progressive response to the housing need for those most at risk in Moses Lake.
HopeSource was granted the Sub- Grantee contract to provide homeless outreach and services in
alignment with the Guidelines of the COVID-19 Grant Funding. The City has implemented a
Sleeping Center, set to open in November, and through that implementation has need to extend
and expand the contract for services.
New funding opportunities have been explored and through Grant County, the City of Moses
Lake will utilize funds through the Department of Commerce Emergency Solutions Grant, and the
remainder of the COVID-19 Grant Funds to provide for the operations of the Sleeping Center.
Fiscal and Policy Implications
No fiscal impact. All funding is provided through Grant Funds received through Grant County from the
Department of Commerce.
Options
Option Results
• Authorize the Contract City Council authorizes the City Manager to
contract for services
• Take no action. The City will need to provide management of the
sleeping center, incurring further financial
expense, and no wrap around services will be
provided to the unsheltered population.
Staff Recommendation
Staff recommends the City Council consider authorization for the City Manager to execute the
contract.
Attachments
A. ESG-Site Management Contract
Legal Review
N/A
Moses Lake Council Packet 10-27-20, Page 74 of 149
AGREEMENT BETWEEN THE CITY OF MOSES LAKE
AND
HOPESOURCE
FOR
SLEEPING CENTER MANAGEMENT & UTILIZATION OF COVID-19 EMERGENCY SOLUTION GRANTS
FUNDS
__ THIS AGREEMENT, entered into this�- day of~_�� 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 chronically homeless populations.
WHERAS, the City entered into a contract with HopeSource with an end date of October 31st, 2020 and
remaining COVID-19 Grant Funds needed to be re-purposed.
NOW, THEREFORE, it is agreed between the parties hereto that:
I.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.
Moses Lake Council Packet 10-27-20, Page 75 of 149
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
requirements.
G.The following reporting/administrative activities are included as part of the Scope of Services:
1.Program Guidelines: The Sub-Grantee must develop and maintain updated program
-POiicies 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 shall 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.
II.TIME OF PERFORMANCE
Ill.
Services of the Sub-Grantee shall start no earlier than the 1" day of November 2020 and shall end
on the 31't 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.
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 facility 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
Moses Lake Council Packet 10-27-20, Page 76 of 149
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.
IV. 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 (!>170,000).
B. Reimbursement 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. No payments in advance of or in anticipation of goods or services to be provided under this
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 of the
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 shall be
performed to the satisfaction of the City, as determined at the sole discretion of its authorized
representative, and in accord with all applicable federal, state, and local laws, ordinances,
rules and regulations. The Sub-Grantee shall 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 of future 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.
I. 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.
V. RIGHT OF 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 all reasonable times, in order to 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 by this 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
Moses Lake Council Packet 10-27-20, Page 77 of 149
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 with
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 Generally 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 Iiabilityinformation 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 !>1,000,000 per occurrence, using a Combined Single Limit for bodilyinjury
and property damage.
Moses Lake Council Packet 10-27-20, Page 78 of 149
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 to the City within 15 calendar days of the Grant
Agreement start date, a certificate of insurance which outlines the coverage and limits
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/RET:ENTION AND CLIENT CONFIDENTIAL}TY
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 ofthe 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 or improved 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 law, 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
Moses Lake Council Packet 10-27-20, Page 79 of 149
information within seven (7) years after the last day the household received services from the
Sub Grantee.
C. Confidentiality of Client Records: Sub Grantees shall maintain client records in a confidential
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. Laws: 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, Chapter 42.17 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
10. State Budgeting, Accounting, and Reporting System, Chapter 43.88 RCW
B. Americans with Disabilities Act 404 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, Accreditation, and Registration: The Sub Grantee shall comply with all applicable local,
state, and federal licensing, accreditation and registration requirements or standards necessary
for the performance of this Grant.
D. Prohibitions:
1. Sub Grantees may not require households to participate in religious services as a condition of
receiving 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. NoncompliancewithNondiscriminationLaws:DuringtheperformanceoftheSubGrant,theSub
Grantee shall comply with all federal, state, and local nondiscrimination laws, regulations, and
policies. In the event of the Sub Grantee's noncompliance or refusal to comply with any
Moses Lake Council Packet 10-27-20, Page 80 of 149
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 ineligible for further grants
with the City. The Sub Grantee shall, however, be given a reasonable time in which to remedy the
noncompliance.
F. Conformance: If any provision of this Grant Agreement violates any statute or rule of law of the
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 in any manner, as creating or establishing 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 Insurance 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. Assignability: 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.
Moses Lake Council Packet 10-27-20, Page 81 of 149
2. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Agreement.
The Sub Grantee shall cause all of the provisions of this contract in its entirety to be included in
and made a part of any subcontract executed in the performance of this Agreement.
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 of the subcontract.
4. The Sub Grantee is responsible to the City if the Subcontractor fails to comply with any
applicable term or condition of this Agreement. The Sub 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. If 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 Cause: 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 shall 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
Moses Lake Council Packet 10-27-20, Page 82 of 149
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.
0. TerminationProcedures:Afterreceiptofanoticeoftermination,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 liability 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 Washington, and the venue of any action brought
hereunder shall be in Grant County, Washington.
Q. Attorneys' Fees/Costs: Unless expressly permitted under another provision of this Agreement, 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. The terms of the COVID-19 Emergency Housing Grant administered by the Washington State
Department of Commerce
3. The terms of this Grant Agreement
4. Department of Commerce Guidelines
Moses Lake Council Packet 10-27-20, Page 83 of 149
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
Agreement unless stated to be such in writing 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
prepaid}, 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
Ellensburg, WA 98926
XII.ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the City and the Sub Grantee for the
use of funds received under this Grant Agreement and it supersedes all prior or contemporaneous
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.
Moses Lake Council Packet 10-27-20, Page 84 of 149
CITY OF MOSES LAKE HOPESOURCE
BY:
Name: Allison Williams
Title: City Manazer
Attest:
Name:
BY:
Name: Susan Grindle
Title: CEO
Fed. ID # 91814544
Title:
Moses Lake Council Packet 10-27-20, Page 85 of 149
EXHIBITA
GRANT COUNTY
PLAN TO END HOMELESSNESS
December 2019 - December 2024
"" d
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Warden
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GRANT COUNTY
Updated: June 1, 2020
Moses Lake Council Packet 10-27-20, Page 86 of 149
/. HOMELESSTASKFORCEOFGRANTCOUNTY
The Homeless Task Force of Grant County shall be the group that will direct the County in its overall goals 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 of life, increase public awareness of issues of homelessness, impact public policy and to prevent and end
homelessness.
VISION
The Homeless Taskforce focuses on realizable 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.
//. HOMELESSNESSINGRANTCOUNTY
POINT IN TIME HOMELESS COUNT
According to the 2019 Point-In-Time Homeless Count, on any given night there are 82 people living on the streets, in a
vehicle, or other place not meant for human habitation. Total unsheltered homelessness as identified during the Point-
In-Time Homeless Count has been on the decrease for the past 4 years.
Individuals Total number
counted by area
Households Children 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 88 120
Sheltered Homeless:
Motel voucher,
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.
Moses Lake Council Packet 10-27-20, Page 87 of 149
The County's vacancy rate is 5%. Relatively low vacancy rates, shortages of affordable housing, the total lack of
permanent-supportive housing, and long waitlists for Public Housing and Section-8 programs are all contributing factors
to a household remaining homeless for more than 30 days.
AV AILABLE RESOURCES
Housing
Housing Type Total Units Beds for singles Beds for families Total Beds Total Served 2018 July 1, 2018 - June 30, 2019 Expenditures
Emergency Shelter
HAGC Emergency Housing 5 o 27 27 96 S 90,798
New Hope DV Shelter 1 4 10 14 77 5157,463
Transitional Housing
HAGC Transitional Housing 11 9 9 18 38 S91,287
Beasley Hills 5 1 8 9 40 S28,010
Permanent Housing
Baird Springs 5 1 8 9 17 S33,773
Pershing 5 1 8 9 17 S 33,666
Services
Senrice Type Total Served 2018 July 1, 2018 - June 30, 201'l Expenditures
RentAssistance
HAGC CHG 100 S148,048
HAGC HEN 40 S195,275
H AGC TBRA 43 S75,545
HAGC 2163 39 S18,575
Hope Source - SSVF 61 S324,234
Mote/ Vouchers
HAGC Motel Vouchers sg S15,677
New Hope Motel Vouchers 43 S4,685
OtherServices
Warming Center 251 S58,57€
Supportive Housing 12 S14,613
Mobile Outreach 81 S82,279
LOCAL AGENCIES WITH LIMITED/PERIODIC HOUSING ASSIST ANCE FOR HOMELESS
Serve Moses Lake - (Moses Lake residents only): Motel vouchers, rent assistance, application fees, utility assistance
Opportunities Industrialization Center (01C) Utility assistance, housing services for eligible farm workers
Salvation Army - One-time motel voucher
Serve 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 bill
assistance, out of area travel assistance, tents, sleeping bags, hygiene items, application fees
Grant Integrated Services: 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-
time. 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
Moses Lake Council Packet 10-27-20, Page 88 of 149
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 prioritization 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. Forthosewhodonotmettheprioritization,diversiondiscussionswillbeheld.
///. STRATGICPLAN
Objective #1: Quickly Identify and Engage People Experiencing Homelessness
Definition of homelessness: Households who are living unsheltered. This also includes households fleeing domestic
violence. Unaccompanied youth are defined using the federal definition.
Measure(s) of Success:
* Compliance with state and federal coordinated entry requirements for all projects receiving 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 In 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:
Moses Lake Council Packet 10-27-20, Page 89 of 149
* Successful implementation of prioritization policies for all projects receiving federal, state and local
homeless funds, resulting in prioritized 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, victims 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
Continue non-waitlist philosophy when enrolling
prioritized households into programs
Grantees & Subgrantees of
funds
In progress Ongoing
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
* Increase Exits from Shelter to Permanent Housing: 26.59% (as of 6-30-18) - made progress toward meeting
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
@ Decrease returns to homelessness within 2 years for those who received rapid rehousing services:.62% (as
of 6-30-18) - met goal
* Reduce average length of time homeless: 34 days (as of 2-14-19i goal is less than 90 days - met goal
Tasks Responsible Parties Start Date Completed
Complete quarterly reviews of performance
measures
Homeless Task Force of
Grant County
April 2020 Ongoing
Identify agencies who are not meeting system-
wide performance measures/areas needed for
improvement
Homeless Task Force of
Grant County
April 2020 Ongoing
Promote the development of housing for all Homeless Task Force of
Grant County
April 2020
Increase 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 shelter beds for chronically
homeless individuals
Grantees, Subgrantees January 2021
Moses Lake Council Packet 10-27-20, Page 90 of 149
Objective #4: A projection of the impact of the fully implemented local plan on the number of households
housed and the number of households left unsheltered, assuming existing resources and state polices
Measure(s) of Success:
* A local plan that includes 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 October 2019
Strategize 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 homelessness
Measure(s) of Success:
* Completion of an initial analysis using a racial equity tool and data provided by Commerce.
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
(if 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
Moses Lake Council Packet 10-27-20, Page 91 of 149
EXHIBIT B
The City of Moses Lake, in partnership with ri qualified non-profit community development entity, will
develop on initial response for the chronically homeless under the COVID funding through the
development of a camp where residents can have access to services, sanitation r:ind the ability to be
tested and quamntined if there is a positive COVfD identification. The City has previously entered
into a contmct with HopeSource to utilize COVID-19 Gmnt Funds. Those funds have since
been re-purposed and remaining COVID-19 Grant Funds will be utilized for the dumtion of
November 2020 and December 2020 to fund operations of the Sleeping Center. The budget for
the COVID-19 grant applicrition and Emergency Solutions Grant follows. The City will provide fiving
quarters (sleeping shelters) sanitation and bathroom facilities, administrritive building and opemting
expenses and the Contractor will provide wrap around services and ovemll administmtion of the
program. Over the life of the funding we are planning on IOO homeless individuals. More thrin 60% of
the homeless in Grant County reside within the City of Moses Lake. It will mke some time for the
contractor to reach out to atl of our homeless individuals to provide information about services being
offered and the homeless camp area. The Contractor will 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 is to
keep the homeless camp open indefinitely to work with the contmctor on o Long term plan to develop
emergency shelter and permanent supportive housing space.
pi inr=pr
BUDGET BY
EMERGENCY
SOLUTIONS GRANT
l SERVICES
I
AMOUNT COSTDESCRIPTION
City of Moses Lake
I
$105,783.92 Encampment operations, including utilities, taxes,
Security Service, and other operation expenses as
designated by the Clty
I
Contractor I
I
I
I .
$100/day per
individual
(100) for 17
days
$170,000
Wrap around services including: outreach of
individuals, Intake, assessment and screening,
coordinated entry, quarantine in motels, wellness
checks, food support delivery (2 meals a day),
transpof and Sleeping Center management.
i I
I
$I
I$
I$
_!Q!!!.!. __, ____,_____ ,_l$ 275,783.92
Moses Lake Council Packet 10-27-20, Page 92 of 149
Exhibit C
ADMINISTRATIVE POLICY
Subject: Designated Sleeping Center Rules
Date Issued: October 27"', 2020
Date Effective: November 1"', 2020
Approved By: Allison Williams, City Manager
City Resolution No. 3764 (May 14thi 2019) 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, 2019) 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 1s', 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:
Moses Lake Council Packet 10-27-20, Page 93 of 149
1. Designated 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.Opening date: The designated camping area is scheduled 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 of 10:00 p.m. and 8:00
a.m. except for emergencies and persons who have prearranged an
afferhours entry time with the City, a security contractor, or a designated
camp supervisor for reasonable and verifiable needs. Persons may leave
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 placed
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.
Moses Lake Council Packet 10-27-20, Page 94 of 149
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 supervisors: 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 (3rd)
Violation will result in a 72-hour Trespass from the site, and/or permanent
trespass from the site as determined by the City Manager or City
Designee.
A. The following rules apply 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
Moses Lake Council Packet 10-27-20, Page 95 of 149
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:
I. interferes with the comfort, solitude, health, or safety
of others.
li. offends common decency.
Moses Lake Council Packet 10-27-20, Page 96 of 149
llli 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:
1.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.
10. No fires or open flames are allowed.
11. No marijuana may be possessed or used.
12. No alcohol may be possessed.
13. No tobacco products may be used inside the shelters.
14. Tobacco use on the site shall be restricted to designated smoking
areas.
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.
Moses Lake Council Packet 10-27-20, Page 97 of 149
21. Pets must be kept on a leash or kept in a kennel, and users must
immediately clean up afier 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 p.m. and 8:00 a.m., that generate or make sound
that can be heard beyond the user's assigned area; and
26. Except for perishable food, users may not possess or bring any of
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:
1. Users must agree to abide by all applicable rules.
II.Users are limited to one (1) storage container per
person.
D. Users may not store:
1. 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,
Moses Lake Council Packet 10-27-20, Page 98 of 149
9. Stolen property,
10. Perishable foods,
11. 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) consecutive hours 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 shall
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 its 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, litter, 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
Moses Lake Council Packet 10-27-20, Page 99 of 149
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
marihuana 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 time 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 after its removal.
Users may appeal the removal of property by filing written notice
of appeal with the City Clerk at City Hall at 401 S. Balsam St,
Moses Lake, WA 98837. Notice of appeal must be received by the
City Clerk by no later than seven (7) days after removal of the
property.
Moses Lake Council Packet 10-27-20, Page 100 of 149
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
the hearing officer. Appeals shall be heard at City Hall at 401 S
Balsam St, Moses Lake, WA 98837 or at such other location
designated by the hearing officer.
Moses Lake Council Packet 10-27-20, Page 101 of 149
Page 1 of 2
STAFF REPORT
To:
From:
Date:
Proceeding Type:
Subject:
Allison Williams, City Manager
Melissa Bethel, Community Development Director
October 23, 2020
Old Business
Sleeping Center Administrative Policies Resolution 3830
Legislative History:
•Prior Presentations:
•Current Presentation:
•Action:
Staff Report Summary
The City has elected to operate a Sleeping Center and in creating the sleeping center, policies
governing the sleeping center must be introduced to administer a successful program. The
Administrative Policy being introduced is a comprehensive list of policies governing the use and
expectations of guests utilizing the sleeping center. These rules would be enforced in part by
HopeSource, contracted to provide Camp Management, the City of Moses Lake designated staff
and the Moses Lake Police Department.
Background
In May 2019, the City Council approved Resolution 3764, electing the City to operate its own
homeless program. On September 22, 2020, City Council approved the City Manager to execute a
lease for the site location on which the City will operate its homeless program. Work has begun
to prepare the site for its use as the homeless campsite administered by the City of Moses Lake,
and will be managed by HopeSource through a contractual obligation.
City Staff have utilized the program operated by the City of Walla Walla and The Alliance for the
Homeless as a basis to create a comprehensive Administrative Policy which would provide the
policy structure for the City’s Homeless Camp. The Administrative Policies have been reviewed at
various levels to ensure that these policies meet the intended need for the City of Moses Lake
and are in compliance with all other legal factors.
Moses Lake Council Packet 10-27-20, Page 102 of 149
April and May 2019, September 2020
October 27, 2020
Motion
Page 2 of 2
Fiscal and Policy Implications
No fiscal impact.
Options
Option Results
• Adopt the Resolution Administrative Policies governing the City’s
Sleeping Center will be implemented
• Take no action. There will be no policies governing the use of the
City’s Sleeping Center
Staff Recommendation
Staff recommends the City Council consider adopting the Administrative Policy.
Attachments
A. Draft Resolution 3830
Legal Review
Type of Document Title of Document Date Reviewed by Legal Counsel
Draft Administrative Policies Resolution 3830-
Adminstrative Policies
October 13th, 2020
Moses Lake Council Packet 10-27-20, Page 103 of 149
RESOLUTION NO. 3830
A RESOLUTION APPROVING ADMINISTRATIVE POLICIES AND RULES FOR THE OPERATION OF THE CITY’S HOMELESS PROGRAM Recitals:
1. The City of Moses Lake has approved the operation of its own Homeless Programs in alignment with the Grant County Plan to End Homelessness. 2. The City of Moses Lake desires to promulgate rules and policies to govern the operations
of homeless programs.
Resolved: 1. The City Council approves the use of the Administrative Policies in Exhibit A.
2. The City Council gives authority to the City Manager to assign a designee within City Staff to promote and uphold the Administrative Policies.
ADOPTED by the City Council on October 27, 2020.
________________________________________ David Curnel, Mayor
ATTEST:
_________________________________________ Debbie Burke, City Clerk
Moses Lake Council Packet 10-27-20, Page 104 of 149
Exhibit A
ADMINISTRATIVE POLICY
Subject: Designated Sleeping Center Rules
Date Issued: October 27, 2020
Date Effective: November 1, 2020
Approved By: Allison Williams, City Manager
City Resolution No. 3764 (May 14, 2019) 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 9, 2019) 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 22,
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:
Moses Lake Council Packet 10-27-20, Page 105 of 149
1. Designated 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. Opening date: The designated camping area is scheduled to
open November 1st, 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 of 10:00 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
camp supervisor for reasonable and verifiable needs. Re-entry shall not be allowed after check-in has been completed, 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
placed 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.
6. Security contractors: The City may contract with third parties
to provide security services. For purposes of these rules, security
Moses Lake Council Packet 10-27-20, Page 106 of 149
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 supervisors: 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 (1st) violation. A second (2nd)
Violation will result in a 48 Hour Trespass from the property. A third (3rd)
Violation will result in a 72-hour Trespass from the site, and/or permanent trespass from the site as determined by the City Manager or City Designee.
A. The following rules apply 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
7. No one other than City employees, contractors, and public safety
personnel, and the designees of each, may enter or remain during
closure hours.
Moses Lake Council Packet 10-27-20, Page 107 of 149
8. 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:
1. 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.
2. Users must upon entry meet with the City, a security contractor, or a designated camp supervisor and agree to abide by all applicable rules.
3. Users who exit between the hours of 10:00 p.m. and 8:00 a.m.
may not reenter except for emergencies.
4. Users must peaceably exit the sleeping area by 8:00 a.m. daily.
5. 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.
6. No user may do an act, omit to act, engage in a course of
activity, or create or maintain a condition which unreasonably:
I. interferes with the comfort, solitude, health, or safety
of others.
II. offends common decency.
III. offends common sensibilities and senses by way of
extreme noise, light, or odor; or
Moses Lake Council Packet 10-27-20, Page 108 of 149
IV. obstructs or renders hazardous for public passage
any public way or place.
7. No guests shall be allowed in the sleeping area (the sleeping
area may be used only by persons who intend to spend the
night).
8. 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.
9. No weapons may be possessed, displayed, or used except by
public safety personnel and security contractors.
10. No fires or open flames are allowed.
11. No marijuana may be possessed or used.
12. No alcohol may be possessed.
13. No tobacco products may be used inside the shelters.
14. Tobacco use on the site shall be restricted to designated smoking
areas.
15. Users shall not willfully hinder, delay, or obstruct any security
contractor or designated camp supervisor in the discharge of their
official powers or duties.
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.
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
Moses Lake Council Packet 10-27-20, Page 109 of 149
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 p.m. and 8:00 a.m., that generate or make sound
that can be heard beyond the user's assigned area; and
26. Except for perishable food, users may not possess or bring any of
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. Users must agree to abide by all applicable rules.
II. Users are limited to one (1) storage container per
person.
D. Users may not store:
1. 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,
9. Stolen property,
10. Perishable foods,
Moses Lake Council Packet 10-27-20, Page 110 of 149
11. 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) consecutive hours 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 shall
not be responsible for theft, loss, destruction, or damage of stored
property.
9. 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 its 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 camp supervisor.
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, litter, 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
materials, corrosive liquids and materials, and ammunition and other explosive materials.
Moses Lake Council Packet 10-27-20, Page 111 of 149
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 camp supervisors.
D. 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.
E. 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 time 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.
F. 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 after its removal.
G. Users may appeal the removal of property by filing written notice
of appeal with the City Clerk. Notices can be mailed to PO Box 1579, Moses Lake, WA 98837, placed in the utility billing night drop behind the Civic Center at 401 S Balsam St, or emailed to
citycerk@cityofml.com. Notice of appeal must be received by the
City Clerk by no later than seven (7) days after removal of the
property.
Moses Lake Council Packet 10-27-20, Page 112 of 149
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.
H. 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
the hearing officer. Appeals shall be heard at City Hall at 401 S
Balsam St, Moses Lake, WA 98837 or at such other location
designated by the hearing office.
Moses Lake Council Packet 10-27-20, Page 113 of 149
Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Cindy Jensen, Finance Director
Date: October 19, 2020
Proceeding Type: New Business
Subject: 2021 Lodging Tax Advisory Committee Funding
Recommendations
Legislative History:
• First Presentation: October 27, 2020
• Second Presentation:
• Action: Motion
Staff Report Summary
The Moses Lake Lodging Tax Advisory Committee (LTAC) met on October 19 to consider the 2021
applications for funding support to eligible groups and organizations that have positive impacts on
tourism in the greater Moses Lake area. The funding source is the hotel/motel tax that the City of
Moses Lake received 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. The
LTAC recommended that the City Council fund 8 of the 13 applications received as outlined in the
attached summary.
Background
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).
Fiscal and Policy Implications
The City of Moses Lake has established a special revenue fund titles “Tourism Activities Fund” to
account for the lodging tax receipts and related tourism promotion expenditures.
Moses Lake Council Packet 10-27-20, Page 114 of 149
Page 2 of 2
The City intends to maintain a reserve in the fund and will assess how much of the fund to
appropriate in a given year on an annual basis.
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.
Options
Option Results
• Review and approve the LTAC funding
recommendations.
The applicants move forward with budgeting
the funding of their requests.
• Review and revise the LTAC funding
recommendations.
(Procedural requirements of this action
are set forth in RCW 67.28.1817 (2)
The City Council must advise the LTAC of their
revisions to the LTAC funding
recommendations. The LTAC Committee
would then have 45 days to meet to consider
Council input and prepare another
recommendation. After the second
recommendation from the LTAC committee,
the Council may act on funding requests.
• Take no action The hotel/motel tax funds remain in place and
continue to accrue.
Staff Recommendation
Staff recommends the City Council discuss and advise staff on how to proceed.
Attachment
A. Summary of applications with LTAC funding recommendations
Legal Review N-A
Moses Lake Council Packet 10-27-20, Page 115 of 149
2020 LTAC APPLICATIONS RECEIVED
Organization Name Event Name & Date Amount Requested
LTAC
Recommended
City of Moses Lake - Parks and Recreation Surf ‘n Slide Water Park Paint Renovation 250,000.00$ -$
City of Moses Lake - Tourism Tourism Marketing Efforts 110,000.00$ 110,000.00$
Columbia Basin Allied Arts Premiere Season 44 20,000.00$ -$
Columbia Basin Cancer Foundation Craft Out Cancer - September 2021 10,000.00$ 5,000.00$
Grant County Fairgrounds*Grant County Fair*5,000.00$ 5,000.00$
Moses Lake Business Association Downtown Brews & Tunes 1,000.00$ 1000
Moses Lake Business Association Downtown Sip & Stroll 1,000.00$ 1000
Moses Lake Spring Festival Moses Lake Freedom Fest 50,000.00$ -$
Moses Lake Spring Festival Moses Lake Spring Festival 45,000.00$ 45,000.00$
Rotary Charities of Moses Lake Moses Lake Skate Park Improvements 100,000.00$ -$
Sand Scorpions ORV Group**Bounty Hole & Freestyle Mud Trucks**25,000.00$ 15,000.00$
Visit WA Marketing Central & Eastern WA Event Tourism 12,000.00$ -$
Visit WA 2nd annual Moses Lake Airshow 60,000.00$ 50,000.00$
TOTALS:689,000.00$ 232,000.00$
*Funding can only be used towards Marketing
**Must work with Lynne Lynch for Marketing their event
Moses Lake Council Packet 10-27-20, Page 116 of 149
Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Melissa Bethel, Community Development Director
Date: October 22, 2020
Proceeding Type: New Business
Subject: Marina View Planned Unit Residential Development
Ordinance 2958
Legislative History:
• First Presentation: October 7, 2020 (Hearing Examiner)
• Second Presentation: October 27, 2020
• Action: Motion
Staff Report Summary
A Planned Unit Development is both a type of development and a regulatory process. Individual
definitions can vary greatly depending on the community or jurisdiction and its goals. The
purpose of the planned development district ordinance is to allow some flexibility in the design of
clustered residential, commercial, or industrial uses with sufficient and appropriate collective
open space or a mixture of such uses by permitting specific modifications of the bulk and use
regulations and performance standards of the underlying zone(s) as applied to a particular parcel
of land. A planned development district is a floating district. Each approved planned
development district is superimposed on the underlying zone to the extent that the planned
development district shall modify and supersede the bulk and use regulations and performance
standards of the underlying zone.
Fiscal and Policy Implications
No fiscal impact.
Options
Option Results
• Adopt the Ordinance The applicant can finalize the proposal.
• Take no action. The proposed development would not occur.
Moses Lake Council Packet 10-27-20, Page 117 of 149
Page 2 of 2
Staff Recommendation
Staff recommends City Council adopt the ordinance, incorporating findings of fact, and conditions
put forth by the Hearing Examiner.
Attachments
A. Draft Ordinance
B. Hearing Examiner Findings of Fact, Conclusions of Law, Conditions of Approval and Decision
C. Site Map
Legal Review N-A
Moses Lake Council Packet 10-27-20, Page 118 of 149
ORDINANCE NO. 2958
AN ORDINANCE CREATING A PLANNED UNIT RESIDENTIAL DEVELOPMENT DISTRICT OF MOSES LAKE PURSUANT TO MOSES LAKE MUNICIPAL CODE 18.67
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS
FOLLOWS: Section 1. The following described property shall be permitted to develop as Planned Development District No. 11 and shall be named Marina View Townhomes
Planned Unit Residential Development as recorded with the Grant County Auditor.
The subject property is in the NE ¼ of Section 28, Township 19, Range 28 described as follows:
Lot 1 Marina View SP 32-84
Section 2. Marina View PURD is a residential development with mixed residential types. The types of residential uses that are permitted include:
A. Five four-plex townhouses
B. One duplex town house C. Common area space, landscaping D. Four storage buildings (limited to 200 sq ft ea) E. Parking
Section 3. The Marina View PURD is an overlay zone. The requirements of the underlying R-3 zone are modified as follows: A. Overall development standards
1. The development shall be constructed essentially as presented to the Hearing Examiner and City Council. 2. A homeowner’s association shall be required before the planned unit development is recorded with Grant County. The Codes, Covenants, and
Restrictions for the development shall be submitted to the City for review
and shall be recorded concurrently with the plat. The homeowners’ association shall be responsible for the maintenance of the site, including but not limited to landscaping, off-street parking areas, sidewalks, and storage buildings
3. The landscaping and parking shall be completed before a Certificate of
Occupancy is issued. 4. The PUD will contain “floating” parcels that will contain zero setbacks around the buildings.
Moses Lake Council Packet 10-27-20, Page 119 of 149
B. Streets, sidewalks, and utilities
1. Streets and municipal utilities that are within right-of-way or a municipal
easement shall be dedicated to the City. 2. The developer has recorded a covenant for various improvements including improvements to Bemis St. The covenants will be updated to include required improvements for the PURD.
3. Bemis St. will include a temporary graveled cul-de-sac that meets the
requirements for compacted gravels for the full width of the cul-de-sac. 4. Sidewalks on Bemis St. will not include planter strips. 5. Lighting within the development will be at a pedestrian scale.
Section 4. Hurst/Baker or their successor in interest shall be bound to the uses and modifications specified in this ordinance. Development rights are conferred upon the applicant or the applicant’s successor in interest upon the submission and approval of a final planned development district application and map(s). Approval for the applicant to
proceed with construction shall be contingent upon receipt and approval by the City
Council of a final planned development district application and map(s.) Section 5. Severability. If any section of this ordinance is found to be unconstitutional or invalid
as written or as applied to any particular person or circumstances, no other section of
the ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted independently and without regard to the section affected. Section 6. 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 27, 2020
_____________________________________
David Curnel, Mayor
ATTEST:
_______________________________________
Debbie Burke, City Clerk
Moses Lake Council Packet 10-27-20, Page 120 of 149
APPROVED AS TO FORM:
_____________________________________ Katherine L. Kenison, City Attorney
Vote: Riggs Liebrecht Myers Jackson Curnel Eck Hankins
Aye
Nay
Abstain Absent
Date Published: November 2, 2020 Date Effective: November 7, 2020
Moses Lake Council Packet 10-27-20, Page 121 of 149
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Moses Lake Council Packet 10-27-20, Page 123 of 149
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Moses Lake Council Packet 10-27-20, Page 127 of 149
Moses Lake Council Packet 10-27-20, Page 128 of 149
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Pro)eel No 17522
Date Jan. 2018
Scale.
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@ Well - TO Be Filled Elevatton - to:tt ;'s
TBM # 2 5 / B I r o n P s n ) n M o n iime n t [: a s e M a r k i n g t he I n t e r s e c t s o n(T) Tree Trunk trl t'.ihhv Striapt anil Marinai Ir+ve
/ Designcd by NDN
Draa'n by Tml/NDN
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Prolecl No 17622
Date. .lan. 2018
Scale'
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I)ate. Jan. 2018
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Moses Lake Council Packet 10-27-20, Page 132 of 149
' -1 (,==X'FRAME, 6' X 6' CONCRETE PAD /l'-l l',I
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ADJUSTMENT-"
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SIL)E ViEW
NOTES:
l CATCH BASINS SHALL BE CONSTPUCTED IN AClIl]lilANCE WITH AST+I C 478 (AASHTO M 199)
AND ASTM C 8'lO.
2 PRECAST BASES SHALL BE FllRNISHE[] WITH FOUR CllT €uTS OF KNOCKOUTS ltNOCKOUTS
SHALL HAVE A WALL TH}CKNESS OF 2 INCHES
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i-" " " " " " " " " " " " " " " " " ff -'PARKING LOT PAVEMENT
_!._ !aiFRoNTVEW"!,\=a=:i:'-- -- ,,. -,,. / u } }
3 THE CATCH BASIN SHALL BE INSTALLED SO THE LnNG SIDE (34 INCHES) IS PARALLELIIITH THE CURB THE DISTANCE FROM THE CENTER L}NE [)F T+lE CATCH BASIN T[I THE
BACK EDGE OF THE CURB IS 18 INCHES Fall A 30-4NCH BY 34-INCH CATCH BASIN
4 AN ENTRY COIIPLING OR !iAND COLLAII IS RE[lUIREiII F[)P PVC PIPE WHERE THE PIPE
PENETRATES THE CATCH BASIN BASE.
5 DEPTH FROM PIPE !NVERT TO FINIEH GRADE !)HALL BE 5 FEET OF LESS
6 COVEII ION TOP OF PIPE TO FIlffSH GllA€E UN€EFI SIDEWALK!i IS 2 FEET OR MORE
COVER FROM TOP OF PIPE TO FINI'iH GRADE UNDER ROAD)IAYS IS 3 FOOT OR MORE F[)P PVCPIPE AND 18 INCHES tll MORE nlR DUCTILE IRON PIPE
7 A[lJllSTMEllT RINGS ANtl THE CATCII BASIN GRATE SHALL BE WITHIN ONE INCII OF THE
VERTEAL ALIGNMENT OF THE CATCH BASIN PLACE CONCI'lETE AROUND OUTSIDE OFADJUSTMENT RINGS AND GRATE
-="ffi.,.,.,U
NOTES
PRj.AST BASE ['[TAILl 4-INCH TO 16 INCHES OF ADJUSTMENT RINGS ARE
REOUIRED
2 PLACE CONCRETE AROIIND OUTSIDE OF ADJllSTM[NT
RINGS AND FRAME
GENERAL NOTES:
1 :::4:":.9a::j=?F;::X=Gs '-E"' g:::;PM,TDo::AS:5:%;[IIN,%ATECONTRACTOR SHALL SIIBMIT JX DESIGN FOR APPROVAL
2 CONCRETE PAVEMENTS AND SIDEWALKS SHALL HAVE A MINIMUMI_OMPPESSIVE STIIENGTH AT 28 DAYS OF 4(100 PSI
3 TOP t':OUllSE IT C ) SHALL CONFORM TO THE STAN[)APD
SI'ECIFICATIONS Fall 5/B MIN115 CRIISHED ju3GREGATE iWSD € Tg-03 0)
4 BASE COURSE IB C ) SHALL CONFnR)i TO THE STANDARDSPECIFI(.ATIDNS FOR BASE CDU'lSE POCi< iWS€ OT !1-(13 9)
NOTES
FOOTING DETAIL
i MAINTAIN A MINIMUM OF 5 FEET OF
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B [)&L FOIINDRY FRAME I-4435 )IITH VANE€ aP
BI-[)IPECTIONAL GIIATE IS API'!It)VED FOR
INSTALLATION ON POllN€ CATCH BASIN
SECTIDNS
CAT(:II BASIN
J PRECAST CONE SECTION MAY BE CONCENTRIC
OR ECCENmlC.
4 GIIOUT SEAL PVC PIPE WHERE THE PIPE
PENETRATES THE [)RYWELL
48-INCH PRECAST
CONCRETE DRYWELL
5 PLACE Slle BASE ON COMPACTED
PREPARE € SUBGRA € E PER STANDARD
5PEC IF E AT l ONS PAVEMENT TYPICALS ih"!'!-:..,..MOSES LAKE MAILBOX
_ I02 I 2018 OI?/.!o I e C7/:'olE 0 2, ,"a Cl 18 I
-sainn- PACIFlC'% '
Ettcimnnuiic & SURVEY 'W-l .1/ 'WESTERN PACIFIC'%
ENGINEERIIIIG & S{JRVKY I W _ 2 /' WESTERN PAtaFIC'%
Ertt.ixhnmc & ski)lVEy P-1 - -' 5s:iE';6E; 14" QC E/W -/'nxsrn-gs Pacinc'%
ENGINEERING & SURVEY M-1 I
p
rh '€
I 5 i/2 IN
i/'i IN# m I
EXPANSION ]01111TS SHALL
INSTALL T)VO OR MORE NO 4 REBAR AT a' SPACED 'o 'o ao "-- - - -= - - - ==- = -= -= - --=-T i ALIGN WITH CONTROL i rh-irtir- irnux
I
IRRIGATION CONDUIT S ._., rnN(111n , Bz I
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, - 'iiri ,l.,'==l,.E
c41.)'tl'_L -l)CAT : 0 "l ( I_tR
____ CURB R['oLAC[M € ylT18 IN ,
PRCU ECTS
coari'c';nX'l " '-R)llilTS"AS' DIRECTED ' 's'cca':'o7'c'oi"""'i BY ENGINEER.1
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OPTION A ' .ihii-its " " ( a"-_' &'""r CIIPP ANIT tillTTFR
T' oE A' :U RB k- R'_!SS ')ECTION TWO #4
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g'<n'ni'c"Th ['4"n":ic" _!..ll"_f___-+-EXISTING SIDEWALK " =" 4 ',.. ' 1. ' . % ' : " EXISTING SIDEWALK 3 affRBrNF'SHALL BE I'ER SE€TInN B-14 JIA) 'St\if'S "' jaa='-Q 0=#=# '1 i / i*siss 9 IN 1. l l l t mX(<#S.<a.':t0)F}'<}A%)t-; i-ia rn v-itti" ;;a;<i;':ass" i7i:sii;';e: a>sa>-a;sffiriii.tn-c - - - - CHANCE OF SLOPE aa""-< = -a-i
-J'-F- -'21'
L__,,, la IN_ B IN. TO IN
T'PICAL SECT Olo.
CU RB RAM '- AN D JRI .'E'llA T B@IL CD ( U RB &, GI_ITT[R
'-"B CR"y"-S S-EC"J" ( FOR REPLACEMENT OhlLY)
I lCiTES
2 :::LE::ETe?i:j::I:' €"50:eT:x;g:ffoB:"eiCEil AT ONE-HUNDRED-FOOT INTERVALS
ANn AT POINTS OF TANGENI:Y )fASTIC SHALL BE 3/B-IN1_H THICK MATERIAL
3 CONTROL J €INTS Sl-IALL B[ PLA[.En AT 10-FOOT INTERVAIS AND AT BOTH SIDES OF
< ;O'm%eXa(a2+:::Wr":5fl: axo GUTTER SHALL CONFORM TO wsotn STANDApo
SPajFlCATIDNS. SECT B-[14 3 (l) A
5 :'Ng \4g; E:a"::7EiiEal:%=tia:x gE"CPUSHED JRFACING TOP C(IIIRSE IS l'lEQuIRED
7 yH:'3q;" FACE.p"AND GUTTER SHALL BE BROOM F{NISHED PARALLEL TO THE
l IN MAINTENANCE ROCK " ' E L EV A T10 N " VlE W
NCI'[S
i CONmOL JOINTS SHALL BE 1 INCH DEEP AND PLACED PERPENDICIILAR TO mE CURB SPACINGSHALL MATCH THE SIDEWALK WIDTH. BUT NOT GR9TER THAN TO n, EXCEPT WHEN THE
PLANTER AREAS ARE NOT INSTALLED. CONTROL 101NTS SHALL ALIGN WITH CuRB 101NTS
2 FULL DEPTH EXPANSION JOINTS (MASTIC) 5HAu BE PLACED PERPENDICULAR TO TIIE (IJRB AT
9g 30oFO% I;%R_::pH A:gl, WIT!,C:%NT:gL JOltgS8 [,!RECTEDp: %4%:%)47:NOT BE INSTAuED WITHIN DRIVEWAYS OR RAMP5
; ;iHg4s ;g;_Hg7H'7L;5cH5gHo;;Nri;H;4g p7p5;icuy; HHDr;HLcg;5ER
STRUCTURES WITHIN THE SIDEWAIK.
6 0NE INCH OF MAINTENANCE RIXK OR CRUSHED SURFACIN(; TOP COIISE IS REOIIIRED UNDER
ALL CONCRETE
7 MINIMUM SIDEWALK THICltNESS
4 INCHES WHEN BEHIND TYPE 'A' CuRll AND TYPE 'E' CURB
B INCHES IN ou DRIVEWAY5 (TOP-OF-TAPER TO TOP-OF-TAPER) AND eciiiwo EXISTING ROLLE€
8 ){coT"lle= PLANTER AREA, A 2-INCH SCHEDIILE 40 PVC PIPE WITH CAPS ON BOTH ENDS SHALL 8E
INSTALLED 12-INCHES DEEP WITII 6-INCHES OF SAND BEDDING UNDER THE SIDEWALK FOR
EACH PROPERTY9. PIANTER AREAS SHALL BE SEIMCED AND MAINTAINED BY THE 0WNER OF THE ADJACENT
s llr kl 11111 11)11 } C111115 Qll lnllKl ICII Yajl 'e:' 1111-I{Ll- C'Ol,+TR'0'L'JOl'NTS" ' OPT ION 8(IT ONE BUSINESS, UNLESS APPROVE€ IN WRITING
BY THE xtmicipac SERVICES DIRECTOR (ON 5 FT CENIS)
5 CONCRETE SHALL BE 6 INCHES THIDI IN [)RIVEIIAY
FROH TOP OF TAPER TO TOP OF TAPER
5 €RIVEllAYS SHALL BE BROOM FINISHED_ PERFENnlCuLAii_TO THE RtiA€+iAY DRlVLWAr S(_PAHA110N (MEA'iURE[i FRCW BO'+TDM OF -HE TAPERS)I
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7 IN PLANTEII AIIEA, A 2-INCH SCHE€uLE 40 PVCPtPE ItlTH CAPS ON BOTH ENDS SHALL EE
INSTALLEfl 12-INCHES DEEP uNDEll THE SI €EWALlt
)l'iTH 6-INCHE5 0F !iAND eEi) €ING
8. SETllM.KS FROH INTERSECTIONS ARE )IEASUREDFI'lOH THE FRONT FACE OF THE EXISTING OR
PROJECTED CURB ttF THE INTER5E €TING STREET
9 SEE DETAIL A-.) FOR CIIRB CROSS SECTION
EXISTING CURB MAY BE 54)I €UT FOR DRIVE)IAY
ACCESS
10. OPTION B IS PE[lklmE € )IHEN tllIVEllAYS ARE
PRIMARY ISTREETi-:-l
la'T:W:
i COLLECTOR
RESIDENTIALuy
COuECTOR
RESIDEhmAL
STREET
DISTANCE FROM
INTERSEC'nONS TOO FT 75 FEET I 50 FEET 30 FEET 30 FEET
DI!;TANCE FROM INTERIOR
LOT 11NES :IO n 20 TEET 20 FEET
TAPER
LENGTH
TAPER
LENGThl
SEPARATION BETWEEN
DRIVEWAYS ON ONE LOT , 100 FT 75 FEET so FEET 12 FEET 12 FEET
il 5Xii;ffi"6;'effTi6N-;oH:A:l_'6i-iX;F;6i3aA!i'-a-
Nt_Llj9AHY lu laHUVlllt Hl:lEIHlAN AU(:1_SE Al El
(IT LESS 011 THE RASP SHALL BE EXTEN€ED F[IR A a"'VE"'AY 1'l'H
,.i\i:ii::i:ii:::.::::,t:,;:;:=:':. l:i;;':'i:('j":'.'-:.
CEMENT CONCRETE
DRIVEWAY
iiuNltlP& SERVICa OEPT - (salNEERING DIWON
B 'ONEuFWL SECTION OF CUIB SHALL BE REPLACE € FOR CullB PEPAIPS. A(lTItlNAL
CURB ADJACENT MAY BE SAlf (IIT. PROVIDED E FT OF EXISTING CIIRII REMAJNS9 CURII AND SmEWALl( MAY BE PLACED MONOLITHICALLY
10 THE TOP AND FACE OF CullB FaR PESI[]ENTIAL STREETS SHALL BE PAINTE € FEDERAL
YELLOW FROM 10 TO 30 FEET. AS +lEASllRE[II FROM THE FACE OF THE CIIPB.
EXTENDEa ON THE INTEIISECTING PllI+iAPY & SEC(]N[)APY SmEET11 ALL CONSTRUCTION AND HATEPIALS 5HA_L MEET THE SPECIFICATIONS AND RE€UmE €
iO PLANTER AREAS MAY BE WIDER THAN 5 FEET, PR0VIDE[) THAT A MINIMUM OF 1-FOOT ROW IS
PRCMDED BEHIND THE SIDEWALKIT CURB. SIDE)VALK OR DRIVEWAYS MAY BE PUICED MONOLnHICALLY
i2 FOR NON-RESI[)ENTIAL ZONES, PLANTER AREIIS ARE NOT REulRED PROVIDED T+lAT THE WIDTH
OF THE SIDEWALK 'W' IS AT LEAST 8 FT WIDE INT HE PAVER DISTRICT. SIDEWWALKS
SHAII BE CONSTRIICTED FR(W ROW TO BAIIIK-OF-CURB
13 WHEN THE NEW SIDE)VALKS ARE INSTALLED /.DJACENT TO EXISTING CURB OR SIDEWALKS.
I AllTH€llIZATn)N BY THE CITY [)F +IOSES IAKE '
I:H l:,: l:.
u ICITYOFMOSES:IA-6 { rleqignpd by NDN
Drawn by Tml/NDN
Chpeked by N'l'
Pro le+i l N o 17 5 22
Date: Jan 2018
Si'ale
Hor la = N/A
Verk i" = N/A
Spc 28, T II) N, R 28 E
(_I,I,L El,
€ k 2->i-ihib fT(
M6!:iS"LAi'E:-" -' "'- -"
12 []OIIELS SHALL BE I PEBAII INSEI1TE €
AT LEAST d INCHES INTCI EACH END
OF THE CUI'lB
TYPICAL CEMENT CONCRETE
CURB & GUTTER
;E ['l;['a'iiO+" '6i- PE3i;iiiTR;VEL
AS OIRECTEO aY THE ENGINEER
14 ALL CONSTRtlCnON AND MATERIALS
SHI MEET THE SPECIFICATIONS
AND REOIIIRED A11THOR12AT10N BYTHE CITY OF M(ISES LAKE
TYPICAL CEMENT C'ONCRETE
SIDEW ALK
lluNl(lPia S(IMCE!I D!lal - DlalNffRINC nMSION IIUIIICI}Aa }(RA((5 n(o- - [t.Glll[[ml-( DNI{R)11
.,, 901
iionl CITY OF VO!iES LAXE I
A _ .1
Rollla, MtaiJj__I CITY OF )10!ES LA)tE I A _;I'./ )QTJ?;'liT kTl')l-l=l-,,, I__inul j-l- '-k ,, . _NOII(I _____ _,,,,,_, i d - tJ ll% 'g@ -X X"",VIX"/i'* 11 l l " J a
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L,281928.
' "" AH l' K()Vt_L) SOH (:ONbI HU(.I I I ON - (;l IY LNGIN LLH UA I t_ -,5Ai 0. GSEWER MAIN IMPFiOVEMENTS ONLY
*<, c_ a 8 ohp, YO' )% /
Moses Lake Council Packet 10-27-20, Page 133 of 149
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WATER lilAINS. SANITARY SEWER MAINS. AND STORM SEWER MAINS
TRENCH Wl(ITS FOR MAINS (W) SHALt BE PIPE SIZE PLUS 18 INCHES
ALL TRENCHES SHALL MEET WAC CHAPTER 296-155 FOR CONSTRUCTION WORK It I
k rL0w -l I 41 T b I ill T ii IMINIMUM PIPE COVER aLa MINIMIIM PIPE DIAMETER aDa
WATER MAINS 42 INCHES 8 INCH
WATER SERvlCES 30 INCHES t 1M.H
SEWER MNNS 48 INCHES 8 INCH
i 8-IN -a I Q:.--It-il'.l L-A ""
#5 REBAly
(1 6-IN CENTERS) - o BASE CONSTRUCnON ALTERNAnVES
NOTE";
l HMA IN THE PATCH ZONE SHALL BE A MINIMIIM OF 3 IN €HES
THICK, OP MATCH EXISTING. WHICHEVER IS GPEATER HOWEVER.
THE MAXIllM THICKNESS IS NOT PE[)ulPED TO BE GREATEP THAN
€ INCHES ALL PATCIIES SHALL BE PLACE[] IN A ltIllIMUM OF 2
LIFTS ALL LIFTS SHALL BE 2 INt.HES ICOMPACTE € i OR LESS
2 PATCH WIDTH SHALL ACCOM(IDATE IIIOPEII COMPACT}ON METHO € S ASAl"PROVED BY THE EN € INEa'l
3 ALL CONSTll%TION AND MATERIALS SIIALL MEET THE
SPECIFICATIONS AND FIE[luIRE AIITHOPIZATIDN BY THE IjTY OFMOSES LAltE
SANITARY SEWER PRESSURE MQNS 72 INCHES VARIES
SANITARY SEWER PRESSURE SERVICES 72 INCHES VARIES
STORM SEWER UNDER ROADWAY 36 INCHES TO INCH
STORM SEWER UNDER SIDEWAI 24 INCHES TO INCII
STORM SEWER - DUCTILE IRON 18 INCHES TO INCH
rl,l_;L 81,
i
(BOTH WAYS) ALT. A BASE & INVERT IN SIM:LE POUR
ALT B POUR BASE, SET MANHOLE, THEN POUR INVERT
AIT C. PRECAST CONCRETE BASE & INVERTS
11% -"a
'y0TES
1 STEPS TO BE CENTEllE[) OVER THE MIIIN INFLOW B ENTRY C[lUl'LIllloS [IR SANO C(ILLAIIS
LINE PE€UIREO HHERE SEIIEP 11AINS ENTER ANDEXIT THE MANHOLE
2 d-INCH ADJUSTMENT TO 16 INt.HES OF
ADJUSTMENT I'lEGUIRE[] g MANHOLE BASE SHALL BE ON uN[lISTuRBEDOR COMPACTED EARTH
3 'SE)IER SHALL BE CAST IN ALL LIDS 10 ALL CONSTRUCTION AND MATERIALS SHALL
4 MANH[)LES N[)T IN ASPHALT !IHALL BE CENTERED liEET THE SPECIFICATIONS AND lIi[0l[p[
IN A 5-FT BY 6-FT BY B-JJ CONCRETE p40 AUTHORIZATION BY THE CITY OF IfOS[S
AT FINISH GRADE SLOPE CORNERS DOWN IN LAKE
lillAVEL STREETS
5 ADJUST MANHOLE LIOS IN ASPHALT TO 1/4 INCH
BELOII FINISH tiPA €E
NO'[E
l TPACEP )IIRE SHALL BE TAPED AT 10-F[]OT TNTERVAL5 TO THE T(H" OF ALL )IATEP AMI
SEIIER PRESSURE MAINS. AND NATER SERVICE LINES
2 BE[]DING SATERIAL SHALL BE PLACED UNDER ALL PIPE PRIOR TO PLACING PIPE
3 TRENCHES MAY BE BACKFILLED WiTH I:[)NTIIOLLED DENSITY FILL
A ALL uTILITIES (PHONE. GAS. CABLE TV. TELECOMMUNICATIONS. ELECTRIC. )IATER.
5El(ER. STOM. ETC ) SHALL +iEET THE PEOulREMENTS OF THIS DETAIL
5 )IHERE THE DEPTH OF COVaR IS LESS THAN 30 INCHES. THE ENGINEEII SHALL OETE+IHINE
THE LOCATION OF THE HllRKlN[i TAPE
"I :%7D?eXa;E)!>!IS:g0:X:"EoE":#%rL!D' eM:oY:;e:_€N:iE:;HsA. ri "C:Sa"IN"GaI:'NX:"4eW0
ON BulLmNG SE)1E115
B ENGINEER fil APPP(IVE DEVIATIONS TO
BUILDING SEWEP LOCATI[INS IIHEN EXISTING
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PATCHING DETAIL
lUNUlllnNS PREVE)n C[)MPLIANCE )IITH THIS
!l ALLaCONSTllllCTION AND IjATERIALS SHALL MEE+
THE SPEljFICATIONS AND REQlln'lE
AUTHORIZATION BY THE BY CITY OF I{OSES LAKF
l':' H 1%:
TRENC[-ltNG AND BEDDING
5 HLAUh FLtXlllLl_ liASKhl llhi'WEEN BAHHhL
SECTTONS. CONE. AND ADJUSTMENT RINGS
7 ALL OPEN JOINTS AND PICK HOLES SHALL BE
FILLED WITH NON-SHRINK GROUT AND FINISHEu
Tu A SMOOTH SllllrACE ANNULAP SPACES
SHALL BE FILLE € WITH FOAI( SEALER
l:: H l:-
SEWER MANHOLE
MuNICIPAl 5C(S DFPi - D(JNEENINO OMglON
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Moses Lake Council Packet 10-27-20, Page 136 of 149
Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Melissa Bethel, Community Development Director
Date: October 20, 2020
Proceeding Type: New Business
Subject: Good Faith 4 All Annexation Request
Legislative History:
• First Presentation: October 27, 2020
• Second Presentation:
• Action: Motion
Overview
A ten (10) percent Notice of Intent to Commence Annexation Proceedings was submitted on
October 15, 2020, with the signature representing the owner of Parcel Number 313169000. The
document has been signed by Alan Scott on behalf of Good Faith 4 All, LLC. The signature
represents one hundred percent (100%) of the assessed value in the annexation area proposed by
the applicant.
The proposed annexation is for approximately 60.70 acres of property located at 12115 NE
Wheeler Rd. The land use designation of the parcel is Industrial as identified in the Comprehensive
Plan (amended.) The subject property surrounds the Grant County Public Works facility on
Wheeler Rd. The property to the west is undeveloped and zoned C2-General Commercial where it
is in the City limits, and Urban Commercial in the Urban Growth Boundary. The property to the
north is zoned Heavy Industrial, and currently in agricultural use. The adjacent property to the east
and south is not within the Urban Growth Boundary and is in agricultural use.
Following this ten percent annexation meeting, a petition will be circulated. If the applicant returns
a sufficient petition and it is certified by the Grant County Assessor, a date will be scheduled for
the sixty percent City Council Public Hearing.
The ten percent annexation public meeting is required (RCW35A.14.120) for City Council to
determine three items:
1. Whether the City will accept, reject, or geographically modify the proposed annexation.
2. Whether it will require the simultaneous adoption of a proposed zoning regulation.
3. Whether the City will require the assumption of all or any portion of existing city
indebtedness by the area to be annexed.
Moses Lake Council Packet 10-27-20, Page 137 of 149
Page 2 of 2
If the legislative body requires the adoption of a proposed zoning regulation and/or the
assumption of all or any portion of indebtedness as conditions to annexation, it is to record this
action in its minutes. Council acceptance is a condition precedent to circulation of the petition.
There is no appeal from the council decision.
If the Council agrees to consider the annexation, this does not commit Council to initiate the public
review process or guarantee that the City Council will approve the annexation proposal based on
initiating the review. If the City Council agrees to move forward with considering the annexation,
staff will review and explore feasibility, level of service, and fiscal implications of accepting the
annexation, zone, and ultimate development. All appropriate agencies and city departments shall
be consulted as part of the review pending city council consideration.
Background
On October 15, 2020, the City of Moses Lake Community Development Department received a
Notice of Intent to Commence Annexation Proceedings from Good Faith 4 All, LLC. The property is
adjacent to existing city limits and within the City’s Urban Growth Boundary.
On December 20, 2018, the Moses lake City Council adopted Ordinance No. 2913 amending the
Comprehensive Plan to include the subject property in the UGA boundary assigning a land use
designation of Industrial. Grant County Commissioners approved inclusion of this property within
the City’s Urban Growth Boundary with a zoning designation of Urban Commercial on July 29,
2019. Since the property is within the City’s Urban Growth Boundary, it is eligible for annexation.
Fiscal and Policy Implications
The analysis will be preformed once City Council agrees to move forward with review of the
annexation.
Options
Option Results
• Accept Notice of Intent to Commence
Annexation Proceedings
Analysis of the fiscal impacts of the annexation
will continue.
• Reject the proposed annexation. The annexation will not be considered.
Staff Recommendation
Recommended motion “I move to approve the annexation boundary proposed in the ten
percent (10%) Intent to Commence Annexation Notice for the proposed annexation area located
in an unincorporated area within the urban growth boundary, to require the adoption of the
proposed zoning regulations as it is set forth in the Comprehensive Plan of the City as Industrial,
and to require the assumption of existing indebtedness of the City by the are to be annexed.
Attachments
A. Notice to Commence Annexation Proceedings w/Legal Description
B. Map
Legal Review N/A
Moses Lake Council Packet 10-27-20, Page 138 of 149
NOTICE OF INTENTION TO COMMENCE ANNEXATION
PROCEEDINGS
TO: The City Council of the City of Moses Lake
Comes now,(s'wJ A'HL t4 /%l% ttc , and hereby notifies the
City Council of the City of Moses L4ke that it intends to commence
procjAed%'a-ngts.sfohaV5elhfeore0a' rope'yownedbyanddescribedbelowannexedtothe
City of Moses Lake, that it is the owner of the excess of ten percent (1 0oQ in value
according to the assessed valuation thereof, of the property for which annexation will be
petitioned; and that it respectfully requests the City Council within sixty (60) days to
determine whether the city accepts the proposed annexation.
Leqal Description:
) E E F5%lz;to:4 VA
Dated:lOllr /aO BY
RECEIVED
COMMUNITY DEVELOPMENT
" I I . I ' : :- . ,
PLANNING AND BU!l-DING
CITY OF MOSES LAK-F
Moses Lake Council Packet 10-27-20, Page 139 of 149
Exhibit A
Legal Description
POR LOT 4 THIEME SP 21-90 & POR Nl/2NW 19 19 29 (TGW PER BLA) LOT 4 THIEME SP
21-90 ALL OF PARCEL 4 0F THE THIEME SHORT PLAT, AS RECORDED IN BOOK 21 0F
SHORT PLATS, AT PAGES 90 THROUGH 93, RECORDS OF GRANT COUNTY, WASHINGTON &
POR N/12 NW 19 19 29 EXCEPT THAT PORTION OF PARCEL 4 0F THE THIEME SHORT PLAT,
AS RECORDED IN BOOK 21 0F SHORT PLATS, AT PAGES 90 THROUGH 93, RECORDS OF
GRANT COUNTY, WASHINGTON, LYING WITHIN THE FOLLOWING DESCRIBED AREA: THAT
PORTION OF PARCEL 4 0F THIEME SHORT PLAT, AS RECORDED IN BOOK 21 0F SHORT
PLATS, AT PAGES 90 THROUGH 93, RECORDS OF GRANT COUNTY, WASHINGTOISI, BEING A
PORTION OF FARM UNIT 89, IRRIGATION BLOCK 41, COLUMBIA BASIN PROJECT, AND
THAT PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 19,
TOWNSHIP 19 NORTH, RANGE 29 E,W.M.y GRANT COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS: BEGINNING AT A BRASS CAP MONUMENT MARKING THE NORTHWEST CORNER
OF SAID SECTION, SAID POINT BEARS NORTH 00o24'04" EAST, 2680,04 FEET, FROM A
BRASS CAP MONUMENT MARKING THE WEST QUARTER CORNER OF SAID SECTION;
THENCE SOUTH 89o32'57" EAST, FOLLOWING THE NORTH BOUNDARY OF SAID FARM UNIT
AND SAID SECTION, 650.80 FEET TO A NORTHERLY CORNER OF SAID FARM UNIT AND THE
TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89032'57" EAST, 650.79 FEET
TO A NORTHERLY CORNER OF SAID FARM UNIT AND AN INTERSECTION WITH THE
CENTERLINE OF THE U.S.B.R. EL20UI RIGHT-OF-WAY; THENCE SOUTH 00029'08" WEST,
FOLLOWING SAID CENTERLINE 40.00 FEET TO AN INTERSECTION OF THE SOUTHERLY
RIGHT-OF-WAY BOUNDARY OF WHEELER RD AND A NORTHERLY CORNER OF SAID PARCEL
4; THENCE NORTH 89032'57" WEST, FOLLOWING SAID SOUTHERLY RIGHT-OF-WAY
BOUNDARY AND PARALLEL WITH THE NORTH BOUNDARY OF SAID SECTION, 55.68 FEET,
TO A HALF INCH REBAR WITH SURVEYOR'S CAP STAMPED "LOLKUS LS 41292"; THENCE
SOUTH 19o42'02" EAST, 264.96 FEET TO A HALF INCH REBAR WITH SURVEYOR'S CAP
STAMPED "LOLKUS LS 41292" THENCE SOUTH 00029'08" WEST, 147.76 FEET TO A HALF
, INCH REBAR WITH SURVEYOR'S CAP STAMPED "LOLKUS LS 41292"; THENCE SOUTH
.' 09o,?;!l'34"WEST,230.46FEETTOAHALFINCHREBARWITHSURVEYGR'SCAPSTA'MPED
"LOLKUS LS 41292"; THENCE SOUTH 89056'49" WEST, 650,33 FEETTO A CORNER OF SAID
'- PARCEL 4, SAID POINT BEING MARKED BY A FOUND 5/8 INCH REBAR WITH SURVEYOR'S
CAP STAMPED "LS 41292"; THENCE NORTH 00026'36" EAST, FOLLOWING THE BOUNDARY
OF SAID PARCEL 4, 669.87 FEET TO THE TRUE POINT OF BEGINNING, TOGETHER WITH
AND SUBJECT TO ,E4SEME,NTS, RESERVATIONS AND RESTRICTION S OF RECORD.
(04044981.DOCXi2 }C-3
Moses Lake Council Packet 10-27-20, Page 140 of 149
WHEELER RD
TRUMAN DR SILVA STHAMILTON RDAPACHE ST
DEBONAIR ST
BELL RDBONANZA ST
INDUSTRIAL ST
ROAD LCITATION RDADMIRAL RDCITY OF MOSES LAKE COMMUNITY DEVELOPMENT
PLANNING DIVISION
Path: \\gis-server\gis\Masters\PRINT\Council Map Exhibit.mxd
Date: 10/8/2020
PARCEL # 313169000
O
Legend
Council Agenda SiteZoningZONING
R1-Single Family Residential
R2-Single/Two Family Residential
R3-Multi Family Residential
C2-General Commercial
C1-Central Business District
C1A-Transitional Commercial
Business Park
LI-Light Industrial
HI-Heavy Industrial
ML Industrial Park
LI-Light Industrial-Ord 2216
P-Public
Municipal Airport
CR-Conservation & Reclamation, Below Elev 1050' (USBR)Grant County Zoning
Rural Urban Reserve
Urban Commercial 2
Urban Residential 2
Moses Lake Council Packet 10-27-20, Page 141 of 149
Page 1 of 2
STAFF REPORT
To:
From:
Date:
Proceeding Type:
Subject:
Allison Williams, City Manager
Fred Snoderly, Municipal Services Director
October 23, 2020
New Business
Larson Rec Center Parking Quit Claim Deed Resolution 3831
Legislative History:
•First Presentation:
•Second Presentation:
•Requested Action:
October 27, 2020
Motion
Staff Report Summary
Municipal Services is requesting authorization to allow the execution of a Quit Claim Deed
for completing a Lot Consolidation action at Larson Playfield.
Background
The city owns and operates the park facilities at Larson Playfield and Larson Recreation
Center. The city has approved the construction of a new Larson Recreation Center building. It
has been determined by staff:
1.The current property does not have sufficient parking to satisfy city code
requirements
2.The proposed building location will not meet setback from a current property line
between two of parks properties
To address these two concerns, staff has proposed a Lot Consolidation of several park
properties.
Council should consider this requests and authorization to allow the execution of a Lot
Consolidation Quit Claim Deed.
Moses Lake Council Packet 10-27-20, Page 142 of 149
Page 2 of 2
Fiscal and Policy Implications
This property action will allow the City of Moses Lake to move forward with plans to build a
new Recreation Center at Larson Playfield. The long-term operation and maintenance is a
fiscal consideration.
Options
Option Results
• Consider and approve the resolution to
execute a deed.
Authorize the execution of a Quit Claim Deed
to consolidate Larson Playfield Parks
properties.
• Take no action Property remains as-is.
Staff Recommendation
Staff recommends City Council adopt the Resolution authorizing the execution of a Lot
Consolidation Quit Claim Deed.
Attachments
A.
B.
C.
Resolution
Lot Consolidation Map Set
Quit Claim Deed
Legal Review
N-A
Moses Lake Council Packet 10-27-20, Page 143 of 149
RESOLUTION NO. 3831
A RESOLUTION AUTHORIZING STAFF TO EXECUTE A DEED TO CONSOLIDATE LARSON PLAYFIELD PARK PROPERTIES.
RECITALS:
1. The City of Moses Lake desires to construct a new recreation center at Larson Playfield Park.
2. The City of Moses Lake will execute a Quit Claim Deed to consolidate Larson Playfield
Park properties, to ensure the proposed recreation center can be constructed at the proposed location. RESOLVED:
1. The City of Moses Lake, Washington, authorizes staff to execute a Quit Claim Deed to consolidate Larson Playfield Park properties.
Adopted by the City Council on October 27, 2020.
_______________________________
David Curnel, Mayor ATTEST:
__________________________________________ Debbie Burke, City Clerk
Moses Lake Council Packet 10-27-20, Page 144 of 149
Page 1 of 2
RECORD AND RETURN TO
Legal Department
City of Moses Lake
P.O. Box 1579
Moses Lake, WA 98837
QUIT CLAIM DEED
The Grantor: The City of Moses Lake, a municipal corporation
for and in consideration of a Lot Consolidation, conveys and quit claims to
The Grantee: The City of Moses Lake, a municipal corporation
the following described real estate, situated in Grant County, Washington, including any after acquired
title:
PROPERTY LEGAL DESCRIPTION
LOTS 1 AND 3, LARSON PLAYFIELD PLAT, PER THE PLAT THEREOF, RECORDED IN BOOK 18 OF
MAJOR PLATS, PAGES 44 THROUGH 46, RECORDS OF GRANT COUNTY, WASHINGTON.
EXCEPT
THOSE PORTIONS OF LOT 1, LARSON PLAYFIELD PLAT, PER THE PLAT THEREOF, RECORDED IN
BOOK 18 OF MAJOR PLATS, PAGES 44 THROUGH 46, RECORDS OF GRANT COUNTY,
WASHINGTON, CONVEYED IN QUIT CLAIM DEED, RECORDED IN AUDITOR'S FILE NUMBER
1244808, RECORDS OF SAID GRANT COUNTY.
TOGETHER WITH
LOT 2, LARSON PLAYFIELD ADDITION NO. 1 MAJOR PLAT, PER THE PLAT THEREOF, RECORDED IN
BOOK 22 OF MAJOR PLATS, PAGES 59 AND 60, RECORDS OF GRANT COUNTY, WASHINGTON.
Parcel Numbers: 10-1291-203, 10-1291-201, 10-1291-304
Moses Lake Council Packet 10-27-20, Page 145 of 149
Page 2 of 2
CITY OF MOSES LAKE
Dated: ________________, 2020 By__________________________________
Allison Williams, City Manager
Washington State
Grant County
I certify that I know or have satisfactory evidence that Allison Williams signed this instrument, on oath
stated that he is authorized to execute the instrument and acknowledged it as the City Manager of the
City of Moses Lake to be the free and voluntary act of such party for the purposes mentioned in the
instrument.
Dated_______________________________________
____________________________________________
(Print Name)
________________________________, Public Notary
(Signed)
My appointment expires________________________
Moses Lake Council Packet 10-27-20, Page 146 of 149
WCO 1"=200'
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WAYNE CARL OSTLERSTATE OF WASHINGTONREGISTERED PROFESSIONAL LAND SURVEYOR46321
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RLB A PORTION OF THE SOUTHEAST 1/4 OF SECTION 28, TOWNSHIP 19 NORTH,RANGE 28 EAST, W.M., GRANT COUNTY, WASHINGTON.LARSON RECREATION RECORD OF SURVEYBOUNDARY LINE ADJUSTMENT/LOT CONSOLIDATIONINCORPORATED 1 9 3 8
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WCO 1"=100'
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WAYNE CARL OSTLERSTATE OF WASHINGTONREGISTERED PROFESSIONAL LAND SURVEYOR46321
2 of 3SHEET
RLB A PORTION OF THE SOUTHEAST 1/4 OF SECTION 28, TOWNSHIP 19 NORTH,RANGE 28 EAST, W.M., GRANT COUNTY, WASHINGTON.LARSON RECREATION RECORD OF SURVEYBOUNDARY LINE ADJUSTMENT/LOT CONSOLIDATIONINCORPORATED 1 9 3 8
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ADJUSTED LOT 1LARSON PLAYFIELD PLATTEXAS STREETWALL STREETBASIN STREETMoses Lake Council Packet 10-27-20, Page 149 of 149