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2018 0724 Council Agenda Packet__________________________________________________________________________________________________ ______________________________________________________________________________________________ Moses Lake City Council Karen Liebrecht, Mayor | David Curnel, Deputy Mayor | Mike Riggs, Council Member | Don Myers, Council Member Daryl Jackson, Council Member | Ryann Leonard, Council Member| Dean Hankins, Council Member Moses Lake Civic Center – 401 S. Balsam Regular Meeting Agenda July 24, 2018 at 7:00 p.m. Call to Order – 7:00 p.m. Roll Call Pledge of Allegiance Summary Reports: Mayor’s Report  Park & Recreation Advisory Board Appointments – Ryan Holterhoff and Chuck Perry Additional Business City Manager’s Report Citizen’s Communications – Identification Citizens who would like to address the Council must complete one of the blue speaker request cards and submit it to the City Clerk. There is a (5) minute time 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 a. City Council Meeting Minutes dated July 10, 2018 b. Bills and Checks Issued c. Schneider Homes Easement Resolution 3735 Old Business – None scheduled New Business #2 Paver District Map Update MLMC 12.12 Ordinance – 1st Presentation Presented by Fred Snoderly, Municipal Services Director Summary: Council to review and consider adopting ordinance as presented July 24, 2018 City Council Meeting – Page 2 #3 2172 Westshore Drive Request to Connect to Water and Sewer Motion Presented by Fred Snoderly, Municipal Services Director Summary: Council to review and approve connection with an extra territorial agreement #4 School Resource Officers Presented by Kevin Fuhr, Police Chief Summary: Discussion #5 Comp Plan Update Presented by Gil Alvarado, Community Development Director/Deputy City Manager Summary: Discussion #6 Crypto Currency Regulations Work Program Motion Presented by Gil Alvarado, Community Development Director/Deputy City Manager Summary: Approve the Work Program as presented Administrative Reports Council Communications and Reports Adjournment Closed Session MOSES LAKE CITY COUNCIL July 10, 2018 STUDY SESSION: A tour and discussion of the Museum Assessment Program was conducted prior to the regular meeting at the Museum & Art Center. CALL TO ORDER: The regular meeting of the Moses Lake City Council was called to order at 7:00 p.m. by Mayor Liebrecht in the Council Chambers of the Civic Center, 401 S. Balsam, Moses Lake, Washington. ROLL CALL: Present: Mayor Liebrecht, Deputy Mayor Curnel, Council Members Myers, Jackson, Leonard, Riggs, and Hankins. PLEDGE OF ALLEGIANCE: Mr. David Eck led the Council in the Pledge of Allegiance. SUMMARY REPORT: MAYOR’S REPORT New Business item (4) - 2172 Westshore Drive Request to Connect to Water and Sewer was removed from tonight’s agenda. CITY MANAGER’S REPORT Kiwanis and Rotary Club Donation The two clubs were well represented at the meeting to present the proceeds from a recent golf tournament they sponsored. A check was presented in the amount of $13,291.84 to be designated toward the Police K-9 program. New City Employee City Manager John Williams provided a brief history and introduction of Executive Assistant Lia Gunderson. Council Stipend Review MLMC 2.60.030 requires Council to consider review of their stipend during even numbered years. Staff will put this topic on a future agenda for discussion. CONSENT AGENDA #1 a. City Council meeting minutes June 26, 2018. b. Claims in the amount of $825251.47; prepaid claim checks in the amount of $5,858.84; claim checks in the amount of $721,148.99 and payroll checks in the amount of $427,844.13. c. Central Terminals Utility Easement Resolution 3731 d. Authorize Joe Davison Discharge to POTW CITY COUNCIL MINUTES – July 10, 2018 pg. 2 e. Accept Biosolids Application Project – Fire Mountain Farms, Inc. f. Accept Dunes WWTF Headworks Project – Culbert Construction, Inc. g. Accept Sun Terrace Major Plat No. 6 Action taken: Deputy Mayor Curnel moved to approve the Consent Agenda, second by Council Member Riggs. The motion carried 7 – 0. PUBLIC HEARING #2 Moratorium of Uses Relating to Cryptocurrency Deputy City Manager Gil Alvarado reviewed the process options that are required when a moratorium is put in place and that a Work Program will be presented for Council approval at the next meeting. Mayor Liebrecht opened the hearing at 7:12 p.m. One written comment was distributed to Council at the meeting and five people provided testimony. The hearing was closed at 7:27 p.m. Staff will provide Council with updates from the PUD as they are received. Council concurred to postpone approval of the Work Program until their next meeting. OLD BUSINESS #3 Fire Alarm MLMC 16.36 and 16.52 Ordinance 2905 First presentation of the draft ordinance occurred on June 26th. The amendments will improve the reporting practices for the fire extinguishing systems. Action taken: Council Member Leonard moved to adopt Ordinance 2905, second by Deputy Mayor Curnel. The motion carried 7 – 0. NEW BUSINESS 1 of 2 #4 Item removed from agenda during the Mayor’s Report. #5 Surplus Property Resolutions 3729 and 3730 The city no longer requires the properties owned by the city and staff recommends the properties be declared surplus and authorize a sale in a commercially reasonable manner. Action taken: Council Member Hankins moved to adopt Resolution 3729 as presented, second by Council Member Myers. The motion carried 7 – 0. Action taken: Council Member Leonard moved to adopt Resolution 3730 as presented, second by Council Member Riggs. The motion carried 7 – 0. EXECUTIVE SESSION Mayor Liebrecht called an Executive Session at 7:37 p.m. to be held for 20 minutes pursuant to RCW 42.30.110(1)(c) and (i) to consider the minimum price at which real estate will be offered for sale and to discuss potential litigation with action to follow. The session was extended for 10 minutes. CITY COUNCIL MINUTES – July 10, 2018 pg. 3 NEW BUSINESS 2 of 2 Purchase and Sale Agreement Sale of surplus property approved by Resolution 3729 and 3730. Action taken: Mayor Liebrecht moved to authorize the City Manager to sign and execute all documents to complete the purchase and sale agreements as discussed in Executive Session, second by Deputy Mayor Curnel. The motion carried 7 – 0. ADMINISTRATIVE REPORTS Deputy City Manager Gil Alvarado advised that Colville Fuels, LLC has been invoiced for Municipal Services in amount of $32k. He also announced that a permit was issued today to Hampton Inn for the construction of hotel number seven in the vicinity of I-90 and Hwy 17. Parks and Recreation Director Spencer Grigg provided information on the installation of lighting and scoreboards at Paul Lauzier Athletic Complex and Kvamme Soccer Complex that are a result of recent grants and donations to the city. City Manager John Williams reviewed the Finance Director’s memorandum about the Fiscal Year 2019 Budget Guidelines and attached timeline that were distributed to Council at the meeting. He confirmed that information received from the PUD meetings on Cryptocurrency will be forwarded to the Council and shared information from recent attendance to the AWC Annual Conference in Yakima. COUNCIL COMMUNICATIONS AND REPORTS – no action taken. ADJOURNMENT The regular meeting was adjourned at 8:28 p.m. ______________________________________ Karen Liebrecht, Mayor ATTEST____________________________________ Debbie Burke, City Clerk Page 1 of 2 CITY OF MOSES LAKE STAFF REPORT To: John Williams, City Manager From: Fred Snoderly, Municipal Services Director Date: June 27, 2018 Proceeding Type: Consent Agenda Subject: Resolution to accept a municipal easement from Schneider Homes, Inc. Legislative History: • First Presentation: July 28, 2018 • Second Presentation: None • Requested Action: Motion Staff Report Summary Schneider Homes, Inc. is granting a municipal easement for street and utility improvements for the east half of Paxson Drive as it fronts the Barrington Point Major Plats 4 and 5. Background The Barrington Point subdivisions continue to develop south toward the end of Crestview Drive requiring Paxson Drive to be extended to serve the new subdivisions. They have reached an area of undeveloped property on the east side of Paxson without existing right of way or easements. The owner of this property will grant an easement for municipal street and utility improvements. When the property is developed in the future, the easement area will be dedicated as right of way. Fiscal and Policy Implications None Page 2 of 2 Options Option Results • Move to authorize the resolution as presented The easement will allow Paxson Drive to continue to extend southward serving the Barrington Point Major Plats. • Modify the resolution Action could require staff to bring a revised document to Council for consideration. • Take no action The proponent of the Barrington Point Major Plats would not be able to complete the subdivisions as presented until some other resolution is agreed upon. Staff Recommendation Staff recommends City Council adopt Resolution 3735 as presented. Attachments A. Resolution and easement recording with sketch Legal Review n-a RESOLUTION NO. 3735 A RESOLUTION ACCEPTING AN EASEMENT TO THE CITY OF MOSES LAKE FROM SCHNEIDER HOMES, INC. Recitals: 1. Resolution No. 238 provides all grants of real estate, or any interest therein, to the City of Moses Lake, shall not be accepted until a resolution has been duly passed by the City Council. 2. Schneider Homes, Inc. has presented an easement to the City of Moses Lake. Resolved: 1. Easement for municipal purposes for the following described property is hereby accepted by the City of Moses Lake: A PARCEL OF LAND FOR MUNICIPAL RIGHT-OF-WAY EASEMENT LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15 AND THE NORTHWEST QUARTER OF THE NORTHWEST OF SECTION 22, TOWNSHIP 19 NORTH, RANGE 28 EAST W.M., GRANT COUNTY, WASHINGTON, MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 22, FROM WHICH, THE WITNESS CORNER TO THE MEANDER CORNER OF SAID SECTION BEARS S00° 22’10”E, 1536.93 FEET; THENCE N00°45’48”W ALONG THE WESTERLY BOUNDARY OF SAID SOUTHWEST QUARTER OF SAID SECTION 15,14.37 FEET TO THE SOUTHWEST CORNER OF THAT PARTICULAR TRACT OF LAND AS SHOWN ON RECORD OF SURVEY-BOUNDARY LINE ADJUSTMENT, RECORDED IN BOOK 39 OF SURVEYS, PAGES 92 AND 93, UNDER AUDITOR’S FILE NUMBER 1076861, RECORDS OF GRANT COUNTY, WASHINGTON; THENCE N89°14’11” E ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT, 30.00 FEET; THENCE S00°45’48” E PARALLEL TO SAID WESTERLY BOUNDARY OF SAID SOUTHWEST QUARTER, 14.33 FEET TO A POINT ON THE BOUNDARY COMMON TO SAID SECTIONS 15 AND 22; THENCE S00°22’10”E, PARALLEL TO THE WEST LINE OF SAID SECTION 22, A DISTANCE OF 1003.79 FEET; THENCE S89°37’50”W, 30.00 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID SECTION 22; THENCE N00°22’10”W ALONG SAID WESTERLY BOUNDARY, 1003.55 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 0.70 ACRES, MORE OR LESS. Adopted by the City Council of the City of Moses Lake on July 28, 2018. ________________________________ Karen Liebrecht, Mayor ATTEST: _____________________________________ Debbie Burke, City Clerk Page 1 of 2 CITY OF MOSES LAKE STAFF REPORT To: John Williams, City Manager From: Fred Snoderly, Municipal Services Director Date: July 18, 2018 Proceeding Type: New Business Subject: Ordinance – Amend MLMC 12.12 Sidewalk Construction Legislative History: • First Presentation: July 24, 2018 • Second Presentation: August 14, 2018 • Requested Action: Consideration Staff Report Summary The attached ordinance amends the borders of the Paver District in the downtown business district by adding back the language describing the map boundaries and replacing the Paver District Map in MLMC 12.12 as exhibit A. Background More than 20 years ago, the City designated the downtown business district to be constructed with concrete brick pavers instead of grey concrete in an effort to beautify the traditional downtown of the city. Other requirements for street trees and other improvements were also included. In the beginning of this effort, the City partnered with the business owners and paid for design of the projects and covered all costs above the cost of installing traditional concrete sidewalks. Many years ago, due to financial reasons, the City ceased their financial support of new paver projects. This has led to many areas in the downtown business district that have sidewalks in need of repair and replacement that have been neglected because of the high cost to install concrete brick pavers. Page 2 of 2 Staff is proposing that the Paver District be reduced in size to include those areas that already have the majority of the sidewalks installed with brick pavers and remove the rest of the area from that requirement to make it easier for those businesses to repair failing sidewalks. Fiscal and Policy Implications Because the City is no longer participating in paver projects, no fiscal impact is anticipated. Options Option Results • Move to adopt the revised Paver District boundaries as presented 1st Presentation, no motion required • Modify the revised Paver District boundaries Action could require staff to bring a revised map of the Paver District to Council for consideration. • Take no action The City will not revise the Paver District boundaries Staff Recommendation Staff recommends City Council to consider adopting the revised Paver District boundaries as presented. Attachments A. Ordinance and Map Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Ordinance Amend MLMC 12.12 July 18, 2018 ORDINANCE – 1st Presentation July 24, 2018 AN ORDINANCE AMENDING MOSES LAKE MUNICIPAL CODE SUBSECTION 12.12.050 TITLED “PAVER DISTRICT DESCRIPTION” THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Subsection 12.12.050 of the MLMC titled “Paver District Description” is established and the existing map is amended as follows: 12.12.055 Paver District Description. The Paver District which is defined as the following area: Commencing at the north edge of Broadway Avenue and the centerline of Cedar Avenue, thence north easterly along the north edge of Broadway Avenue to the centerline of Alder Street, thence south easterly along the centerline of Alder Street to the centerline of Fourth Avenue, thence south westerly along the centerline of Fourth Avenue to the centerline of Beech Street, thence north westerly along the centerline of Beech Street to the south edge of Third Avenue, thence south westerly along the south edge of Third Avenue to the centerline of Cedar Street, thence along the centerline of Cedar Street to the point of beginning. See attached Exhibit A. Section 2. 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 3. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on August 14, 2018. _____________________________________ Karen Liebrecht, Mayor ATTEST: _______________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: _______________________________________ Katherine L. Kenison, City Attorney Vote: Riggs Liebrecht Myers Jackson Curnel Leonard Hankins Aye Nay Abstain Absent Date Published: September 4, 2018 Date Effective: September 9, 2018 Page 1 of 2 CITY OF MOSES LAKE STAFF REPORT To: John Williams, City Manager From: Fred Snoderly, Municipal Services Director Date: July 10, 2018 Proceeding Type: Consent Agenda Subject: Request to Connect to City Water and Sewer- 2172 Westshore Drive NE- Parcel #141745000 Legislative History: • First Presentation: July 24, 2018 • Second Presentation: N/A • Requested Action: Motion Staff Report Summary Chad C. and Michell Barrett request approval to connect to the City’s water and sewer systems to serve a single family residence on their lot at 2172 Westshore Drive NE, Parcel #141745000. The property is defined as contiguous lands and also is adjacent lands. The property is being developed under County jurisdiction with one existing single family residence and placement of a manufactured home on the same property with a separate address. The request and approval will be for the manufactured home only. The City’s water and sewer systems have the capacity to serve the lot. The property is located outside of city limits, but inside the UGA and is within one half mile of city limits. If approved, the property owners will be required to sign an extra territorial agreement (ETA) for the entire parcel. The ETA would state approval for a single connection to serve 2172 Westshore Drive and additional connections to the same parcel would require approval by the City Council. The ETA must be in place before a permit is issued for connecting to city services Page 2 of 2 Background The water main and sewer force main on Westshore Drive NE was installed by the developers of the Moses Pointe development beginning in 2000. The property is being developed under County jurisdiction but the property owner wishes to connect to city services. Fiscal and Policy Implications Per Resolution No. 3717, contiguous lands are required to be annexed into the City if within one half mile of existing city limits but may be permitted to connect if it is impractical for the property owner to annex. The property was previously platted as Tract 12, Stade Orchard Tracts Replat. The value of this property and three additional properties with existing extra territorial agreements in place total 36% of the property value needed to annex the additional nine properties needed to extend the city limits to the Barrett property. Options Option Results • Move to approve the request. The owners will provide an extra territorial agreement and connect to City water and sewer. • Modify the easement Action would require staff to bring a revised document to Council for consideration. • Take no action The proponent would not connect to City utilities and pursue other options to provide water and sewer to the manufactured home. Staff Recommendation Staff recommends City Council to approve to connect to the City water and sewer system. If approved, the owners will be required to sign an extra territorial agreement before issuing a permit for the connections. Attachments A. Request via email, Vicinity Map Legal Review – n-a Page 1 of 2 CITY OF MOSES LAKE STAFF REPORT To: John Williams, City Manager From: Gilbert Alvarado, Deputy City Manager Date: July 19, 2018 Proceeding Type: New Business Subject: 2018 Comprehensive Plan Updates Discussion Legislative History: • First Presentation: July 24, 2018 • Second Presentation: • Requested Action: None Staff Report Summary Over the last few months staff has mentioned to the City Council that we are working on the 2018 Comprehensive Plan updates as required by the timelines adopted in the Growth Management Act (GMA). The City of Moses Lake and Grant County are both mandated to review their Comprehensive Plans for consistency with the provisions of GMA and update if necessary. Given the staffing changes in Community Development and Municipal Services, we are only looking at satisfying the minimum review under GMA. A full review will need to be discussed with the City Council along with budgetary needs to assist with that review. Background The City of Moses Lake is mandated to fully plan under GMA and must conduct a “periodic review and update”. Our periodic review and update as mandated in 2018 under GMA. Attached is the Periodic Update Checklist as provided by the Washington State Department of Commerce. The Checklist is intended to identify components of our Comprehensive Plan that may need to be updated in consideration of local conditions or to comply with any changes to GMA since our last update. Page 2 of 2 Fiscal and Policy Implications To be determined with further study and investigation. Options Option Results • Consideration of amendments to the Moses Lake Comprehensive Plan. Compliance with GMA mandated periodic review and updates. • Take no action Non-compliance with GMA which could have financial impacts associated with State and Federal grants and loans. Staff Recommendation The City Council should continue to move forward on the 2018 Comprehensive Plan periodic review and updates if necessary. Attachments A. UGA Amendments/Land Use Designation Amendments B. Periodic Update Checklist Legal Review – n-a BROADWAY AVEK IN D E R R D STRATFORD RDSR-17 R O A D 4CURRY DRMILLER ST WENATCHEE RDDOUGHERTY RD NE O LY M PIC D R PA R K W A Y D R STRATFORD RDM A P L E DR A P P L E R D S U N N Y DR PARK DRORCHARD DRS A G E D A L E R D Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community CITY OF MOSES LAKE COMMUNITY DEVELOPMENTPLANNING DIVISION LEGEND AGENDA SITE MOSES LAKE Path: \\GIS-SERVER\gis\Masters\MAP PRODUCT\COUNCIL MAPS.mxd Date: 7/19/2018 975 0 975487.5 Feet µ 550 0 550275 Feet Cordell Parcel PARCEL 170485000 PARCEL 170485000 TOWHEE STTOWHEE STTUTTLERDROAD 1.8 NE EA G L E D R W R EN S TPARTRIDGE DRQ U AIL D R FAIRWAYDRHA WK ST EGRE T S T STADERDEAGLE DRMALAGA DRQUAIL DRW E S T S H O R E D R J E NNI FE R L N VILLA DR ELSIE RDROAD F.5AL S TE D RD PART R IDGE DR ROAD 1.9 MAE VA L LEY R D JONATHA N R D W R E N S T H AWK STEGR E T STM A E VA LL E Y RD ROA D 1.8 NE MAE VA L LEY R DROAD F Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community CITY OF MOSES LAKE COMMUNITY DEVELOPMENTPLANNING DIVISION LEGEND AGENDA SITE MOSES LAKE Path: \\GIS-SERVER\gis\Masters\MAP PRODUCT\COUNCIL MAPS.mxd Date: 7/19/2018 860 0 860430 Feet µ 490 0 490245Feet Herring Farms PARCEL 170845000 PARCEL 170845000 HAMILTON RDBURR AVE SILVA STDEBONAIR ST APACHE ST BUD LNWISER LNBELL RDBONANZA ST INDUSTRIAL ST CITATION RDWHEELER RDROAD LROAD LWHEELER RD Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community CITY OF MOSES LAKE COMMUNITY DEVELOPMENTPLANNING DIVISION LEGEND AGENDA SITE MOSES LAKE Path: \\GIS-SERVER\gis\Masters\MAP PRODUCT\COUNCIL MAPS.mxd Date: 7/19/2018 1,200 0 1,200600 Feet µ 725 0 725362.5 Feet Row Crop Parcel PARCEL 313169000 PARCEL 313169000 LOCUST LN PENINSULA DRBROADWAYAVEMARLO AVE PHEASANT STPHEASANTSTPHEASANT STLOCUST LN PHEASANT ST Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community CITY OF MOSES LAKE COMMUNITY DEVELOPMENTPLANNING DIVISION LEGEND AGENDA SITE MOSES LAKE Path: \\GIS-SERVER\gis\Masters\MAP PRODUCT\COUNCIL MAPS.mxd Date: 7/19/2018 175 0 17587.5 Feet µ 100 0 10050 Feet T & M Properties PARCELS 100129000 & 100130000 PARCEL 100129000 PARCEL 100130000 Contact Information: Paul Johnson, Senior Planner, Growth Management Services Phone:360-7253048, email: paul.johnson@commere.wa.gov Periodic Update Checklist for Cities – Updated June 2016 Covers laws through 2016 This checklist is intended to help cities that are fully planning under the Growth Management Act (GMA) to conduct the “periodic review and update” of comprehensive plans and development regulations required by RCW 36.70A.130(4). Cities can use the checklist to identify components of their comprehensive plan and development regulations that may need to be updated to reflect the latest local conditions or to comply with changes to the GMA since their last update. This checklist includes components of the comprehensive plan and development regulations that are specifically required by the GMA. Statutory requirements adopted since 2003 are emphasized in highlighted text to help identify new components of the GMA that may not have been addressed in annual updates or other amendments outside of the required periodic update process. Cities within the Puget Sound Regional Council boundaries may want to use this checklist in tandem with PSRC checklists. A separate checklist is available for counties. How to fill out the checklist With the most recent version of your comprehensive plan and development regulations in hand, fill out each item in the checklist. Select the check box or type in text fields, answering the following questions: Is this item addressed in your current plan or regulations? If YES, fill in the form with citation(s) to where in the plan or code the item is addressed. We recommend using citations rather than page numbers because they stay the same regardless of how the document is printed. If you have questions about the requirement, follow the hyperlinks to the relevant statutory provision or rules. If you still have questions, visit the Commerce Web page or the Commerce planner assigned to your region. Is amendment needed to meet current statute? Check YES to indicate a change to your plan or regulations will be needed. Check NO to indicate that the GMA requirement has already been met. Local updates may not be needed if the statute hasn’t changed since your previous update, if your county has kept current with required inventories, or if there haven’t been many changes in local circumstances. Use the “Notes” column to add additional information to note areas where your county may elect to work on or amend sections of your plan or development regulations that are not strictly required by the GMA, or to indicate if the item is not applicable to your jurisdiction. Addressed in current plan or regs? If yes, where? Changes needed to meet current statute? Notes 2 | P eriodic update checklist for cities – June 2016 How to use the completed checklist Commerce strongly encourages you to use the completed checklist to develop a detailed work plan (see Appendix B) for your periodic update. The checklist can be used to inform the contents of a council resolution that defines what actions will be taken as part of the GMA periodic update. Addressed in current plan or regs? If yes, where? Changes needed to meet current statute? Notes 3 | P eriodic update checklist for cities – June 2016 I. Required Comprehensive Plan Elements and Components 1. A Land Use Element that is consistent with countywide planning policies (CWPPs) and RCW 36.70A.070(1). a. A future land use map showing city limits and urban growth area (UGA) boundaries. RCW 36.70A.070(1) and RCW 36.70A.110(6) WAC 365-196-400(2)(d), WAC 365-196-405(2)(i)(ii)  Yes  No Location(s)  Yes  No b. Consideration of urban planning approaches that increase physical activity. RCW 36.70A.070(1), Amended in 2005 WAC 365-196-405 (2)(j)  Yes  No Location(s)  Yes  No c. A consistent population projection throughout the plan which should be consistent with the Office of Financial Management forecast for the county or the county’s sub- county allocation of that forecast. RCW 43.62.035, WAC 365-196-405(f)  Yes  No Location(s)  Yes  No d. Estimates of population densities and building intensities based on future land uses. RCW 36.70A.070(1); WAC 365-196-405(2)(i)  Yes  No Location(s)  Yes  No e. Provisions for protection of the quality and quantity of groundwater used for public water supplies. RCW 36.70A.070(1)  Yes  No Location(s)  Yes  No f. Identification of lands useful for public purposes such as utility corridors, transportation corridors, landfills, sewage treatment facilities, stormwater management facilities, recreation, schools, and other public uses. RCW 36.70A.150 and WAC 365-196-340  Yes  No Location(s)  Yes  No g. Identification of open space corridors within and between urban growth areas, including lands useful for recreation, wildlife habitat, trails, and connection of critical areas. RCW 36.70A.160 and WAC 365-196-335  Yes  No Location(s)  Yes  No Addressed in current plan or regs? If yes, where? Changes needed to meet current statute? Notes 4 | P eriodic update checklist for cities – June 2016 h. If there is an airport within or adjacent to the city: policies, land use designations (and zoning) to discourage the siting of incompatible uses adjacent to general aviation airports. [RCW 36.70A.510, RCW 36.70.547, New in 1996)] Note: The plan (and associated regulations) must be filed with the Aviation Division of WSDOT. WAC 365-196-455  Yes  No Location(s)  Yes  No i. If there is a Military Base within or adjacent to the jurisdiction employing 100 or more personnel: policies, land use designations, (and consistent zoning) to discourage the siting of incompatible uses adjacent to military bases. RCW 36.70A.530(3), New in 2004. See WAC 365-196-475  Yes  No Location(s)  Yes  No j. Where applicable, a review of drainage, flooding, and stormwater run-off in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state. RCW 36.70A.70(1) and WAC 365-196-405(2)(c) Note: RCW 90.56.010(26) defines waters of the state.  Yes  No Location(s)  Yes  No k. Policies to designate and protect critical areas including wetlands, fish and wildlife habitat protection areas, frequently flooded areas, critical aquifer recharge areas, and geologically hazardous areas. In developing these policies, the city must have included the best available science (BAS) to protect the functions and values of critical areas, and give “special consideration” to conservation or protection measures necessary to preserve or enhance anadromous fisheries. RCW 36.70A.030(5), RCW 36.70A.172, BAS added in 1995. See WAC 365-195-900 through -925, WAC 365-190-080 Note: A voluntary stewardship program was created in 2011 as an alternative for protecting critical areas in areas used for agricultural activities. Counties had the opportunity to opt into this voluntary program before January 22, 2012. See requirements of the voluntary stewardship program. RCW 36.70A.700 through .904.  Yes  No Location(s)  Yes  No Addressed in current plan or regs? If yes, where? Changes needed to meet current statute? Notes 5 | P eriodic update checklist for cities – June 2016 l. If forest or agricultural lands of long-term commercial significance are designated inside city: a program authorizing Transfer (or Purchase) of Development Rights. RCW 36.70A.060(4), Amended in 2005  Yes  No Location(s)  Yes  No 2. A Housing Element to ensure the vitality and character of established residential neighborhoods and is consistent with relevant CWPPs, and RCW 36.70A.070(2). a. Goals, policies, and objectives for the preservation, improvement, and development of housing. RCW 36.70A.070(2)(b) and WAC 365-196-410(2)(a)  Yes  No Location(s)  Yes  No b. An inventory and analysis of existing and projected housing needs over the planning period. RCW 36.70A.070(2)(a) and WAC 365-196-410(2)(b) and (c)  Yes  No Location(s)  Yes  No c. Identification of sufficient land for housing, including but not limited to, government-assisted housing, housing for low-income families, manufactured housing, multifamily housing, group homes, and foster care facilities. RCW 36.70A.070(2)(c)  Yes  No Location(s)  Yes  No d. Adequate provisions for existing and projected housing needs for all economic segments of the community. RCW 36.70A.070(2)(d) and WAC 365-196-410  Yes  No Location(s)  Yes  No e. If enacting or expanding an affordable housing program under RCW 36.70A.540: identification of land use designations within a geographic area where increased residential development will assist in achieving local growth management and housing policies. RCW 36.70A.540, New in 2006. WAC 365-196-870  Yes  No Location(s)  Yes  No f. Policies so that manufactured housing is not regulated differently than site built housing. RCW 35.21.684, 35.63.160, 35A.21.312, and 36.01.225, Amended in 2004  Yes  No Location(s)  Yes  No Addressed in current plan or regs? If yes, where? Changes needed to meet current statute? Notes 6 | P eriodic update checklist for cities – June 2016 g. If the city has a population of over 20,000: provisions for accessory dwelling units (ADUs) to be allowed in single- family residential areas. RCW 36.70A.400, RCW 43.63A.215(3)  Yes  No Location(s)  Yes  No 3. A Capital Facilities Plan (CFP) Element to serve as a check on the practicality of achieving other elements of the plan, covering all capital facilities planned, provided, and paid for by public entities including local government and special districts, etc.; including water systems, sanitary sewer systems, storm water facilities, schools, parks and recreational facilities, police and fire protection facilities. Capital expenditures from Park and Recreation elements, if separate, should be included in the CFP Element. The CFP Element must be consistent with CWPPs, and RCW 36.70A.070(3), and include: a. Policies or procedures to ensure capital budget decisions are in conformity with the comprehensive plan. RCW 36.70A.120  Yes  No Location(s)  Yes  No b. An inventory of existing capital facilities owned by public entities. RCW 36.70A.070(3)(a) and WAC 365-196-415(2)(a)  Yes  No Location(s)  Yes  No c. A forecast of needed capital facilities. RCW 36.70A.070(3)(b) and WAC 365-196-415 (b) Note: The forecast of future need should be based on projected population and adopted levels of service (LOS) over the planning period.  Yes  No Location(s)  Yes  No d. Proposed locations and capacities of expanded or new capital facilities. RCW 36.70A.070(3)(c) and WAC 365-196-415 (3)(C)  Yes  No Location(s)  Yes  No e. A six-year plan (at least) identifying sources of public money to finance planned capital facilities. RCW 36.70A.070(3)(d) and RCW 36.70A.120 WAC 365-196-415  Yes  No Location(s)  Yes  No f. A policy or procedure to reassess the Land Use Element if probable funding falls short of meeting existing needs. RCW 36.70A.070(3)(e) WAC 365-196-415(2)(d)  Yes  No Location(s)  Yes  No Addressed in current plan or regs? If yes, where? Changes needed to meet current statute? Notes 7 | P eriodic update checklist for cities – June 2016 g. If impact fees are collected: identification of public facilities on which money is to be spent. RCW 82.02.050(4) and WAC 365-196-850  Yes  No Location(s)  Yes  No 4. A Utilities Element which is consistent with relevant CWPPs and RCW 36.70A.070(4) and includes: a. The general location, proposed location and capacity of all existing and proposed utilities. RCW 36.70A.070(4) and WAC 365-196-420  Yes  No Location(s)  Yes  No 5. A Transportation Element which is consistent with relevant CWPPs and RCW 36.70A.070(6) and includes: a. An inventory of air, water, and ground transportation facilities and services, including transit alignments, state- owned transportation facilities, and general aviation airports. RCW 36.70A.070(6)(a)(iii)(A) and WAC 365-196-430(2)(c).  Yes  No Location(s)  Yes  No b. Adopted levels of service (LOS) standards for all arterials, transit routes and highways. RCW 36.70A.070(6)(a)(iii)(B), New in 1997. WAC 365-196-430  Yes  No Location(s)  Yes  No c. Identification of specific actions to bring locally-owned transportation facilities and services to established LOS. RCW 36.70A.070(6)(a)(iii)(D), Amended in 2005. WAC 365-196-430  Yes  No Location(s)  Yes  No d. A forecast of traffic for at least 10 years, including land use assumptions used in estimating travel. RCW 36.70A.070(6)(a)(i), RCW 36.70A.070(6)(a)(iii)(E) WAC 365-196-430(2)(f).  Yes  No Location(s)  Yes  No e. A projection of state and local system needs to meet current and future demand. RCW 36.70A.070(6)(a)(iii)(F) and WAC 365-196-430(2)(f)  Yes  No Location(s)  Yes  No Addressed in current plan or regs? If yes, where? Changes needed to meet current statute? Notes 8 | P eriodic update checklist for cities – June 2016 f. A pedestrian and bicycle component. RCW 36.70A.070(6)(a)(vii), Amended 2005 WAC 365-196-430(2)(j)  Yes  No Location(s)  Yes  No g. A description of any existing and planned transportation demand management (TDM) strategies, such as HOV lanes or subsidy programs, parking policies, etc. RCW 36.70A.070(6)(a)(vi) and WAC 365-196-430(2)(i)  Yes  No Location(s)  Yes  No h. An analysis of future funding capability to judge needs against probable funding resources. RCW 36.70A.070(6)(a)(iv)(A) and WAC 365.196-430(2)(k)(iv)  Yes  No Location(s)  Yes  No i. A multiyear financing plan based on needs identified in the comprehensive plan, the appropriate parts of which serve as the basis for the 6-year street, road or transit program. RCW 36.70A.070(6)(a)(iv)(B) and RCW 35.77.010 WAC 365-196-430(2)(k)(ii)  Yes  No Location(s)  Yes  No j. If probable funding falls short of meeting identified needs: a discussion of how additional funds will be raised, or how land use assumptions will be reassessed to ensure that LOS standards will be met. RCW 36.70A.070(6)(a)(iv)(C) and WAC 365-196-430(2)(l)(ii)  Yes  No Location(s)  Yes  No k. A description of intergovernmental coordination efforts, including an assessment of the impacts of the transportation plan and land use assumptions on the transportation systems of adjacent jurisdictions and how it is consistent with the regional transportation plan. RCW 36.70A.070(6)(a)(v); WAC 365-196-430(2)(a)(iv)  Yes  No Location(s)  Yes  No 6. Provisions for siting essential public facilities (EPFs), consistent with CWPPs and RCW 36.70A.200. This section can be included in the Capital Facilities Element, Land Use Element, or in its own element. Sometimes the identification and siting process for EPFs is part of the CWPPs. a. A process or criteria for identifying and siting essential public facilities (EPFs). [RCW 36.70A.200, Amended in 1997  Yes  No  Yes  No Addressed in current plan or regs? If yes, where? Changes needed to meet current statute? Notes 9 | P eriodic update checklist for cities – June 2016 and 2001] Notes: EPFs are defined in RCW 71.09.020(14). Cities should consider OFM’s list of EPFs that are required or likely to be built within the next six years. Regional Transit Authority facilities are included in the list of essential public facilities RCW 36.70A.200, amended 2010. WAC 365-196-550(d) Location(s) b. Policies or procedures that ensure the comprehensive plan does not preclude the siting of EPFs. RCW 36.70A.200(5) Note: If the EPF siting process is in the CWPPs, this policy may be contained in the comprehensive plan as well. WAC 365-196-550(3)  Yes  No Location(s)  Yes  No 7. Consistency is required by the GMA. a. All plan elements must be consistent with relevant county- wide planning policies (CWPPs) and, where applicable, Multicounty Planning Policies (MPPs), and the GMA. RCW 36.70A.100 and 210 WAC 365-196-400(2)(c), 305 and 520  Yes  No Location(s)  Yes  No b. All plan elements must be consistent with each other. RCW 36.70A.070 (preamble), and WAC 365-197-400(2)(f)  Yes  No Location(s)  Yes  No c. The plan must be coordinated with the plans of adjacent jurisdictions. RCW 36.70A.100 and WAC 365-196-520  Yes  No Location(s)  Yes  No a. Shoreline Provisions Comprehensive plan acknowledges that for shorelines of the state, the goals and policies of the shoreline management act as set forth in RCW 90.58.020 are added as one of the goals of this chapter as set forth in RCW 36.70A.020 without creating an order of priority among the fourteen goals. The goals and policies of the shoreline master program approved under RCW 90.58 shall be considered an element of the comprehensive plan. RCW 36.70A.480, WAC 365-196-580  Yes  No Location(s)  Yes  No b. Public participation, plan amendments and monitoring. Addressed in current plan or regs? If yes, where? Changes needed to meet current statute? Notes 10 | P eriodic update checklist for cities – June 2016 Note: House Bill 2834, passed in 2012, eliminates the requirement for cities planning under the GMA to report every 5 years on its progress in implementing its comprehensive plans. a. A process to ensure public participation in the comprehensive planning process. RCW 36.70A.020(11), .035, and .140; WAC 365-196-600(3) The process should address annual amendments (if the jurisdiction allows for them) [RCW 36.70A.130(2), Amended in 2006], emergency amendments [RCW 36.70A.130(2)(b)], and may include a specialized periodic update process. Plan amendment processes may be coordinated among cities within a county [RCW 36.70A.130(2)(a)] and should be well publicized.  Yes  No Location(s)  Yes  No b. A process to assure that proposed regulatory or administrative actions do not result in an unconstitutional taking of private property. See Attorney General’s Advisory Memorandum: Avoiding Unconstitutional Takings of Private Property for guidance. RCW 36.70A.370  Yes  No Location(s)  Yes  No II. Required Components of Development Regulations WAC 365-196-810 10. Regulations designating and protecting critical areas are required by RCW 36.70A.170, RCW 36.70A.060(2) and RCW 36.70A.172(1). Note: A voluntary stewardship program was created in ESHB 1886 (2011) as an alternative for protecting critical areas in areas used for agricultural activities. Counties may choose to opt into this voluntary program before January 22, 2012. Go to http://scc.wa.gov/vsp/ for more information on the voluntary stewardship program. a. Classification and designation of each of the five types of critical areas (wetlands, critical aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas, and geologically hazardous areas), if they are found within your city. RCW 36.70A.170; WAC 365-196-830(2) Note: Senate Bill 5292 adopted in 2012 clarified that certain water-based artificial features or constructs are excluded from being considered part of a fish and wildlife habitat conservation areas.  Yes  No Location(s)  Yes  No Addressed in current plan or regs? If yes, where? Changes needed to meet current statute? Notes 11 | P eriodic update checklist for cities – June 2016 b. Findings that demonstrate Best Available Science (BAS) was included in developing policies and development regulations to protect the function and values of critical areas. In addition, findings should document special consideration given to conservation or protection measures necessary to preserve or enhance anadromous fisheries. RCW 36.70A.172(1); WAC 365-195, WAC 365-195  Yes  No Location(s)  Yes  No c. Regulations that protect the functions and values of wetlands. RCW 36.70A.060(2) and RCW 36.70A.172(1) WAC 365-190-090  Yes  No Location(s)  Yes  No d. A definition of wetlands consistent with RCW 36.70A.030(21) WAC 365-190-090, WAC 173-22-035  Yes  No Location(s)  Yes  No e. Delineation of wetlands using the approved federal wetlands delineation manual and applicable regional supplements [RCW 36.70A.175, RCW 90.58.380 (1995) (2011)] WAC 173-22-035  Yes  No Location(s)  Yes  No f. Regulations that protect the functions and values of critical aquifer recharge areas (“areas with a critical recharging effect on aquifers used for potable water” RCW 36.70A.030(5)(b)). RCW 36.70A.060(2), RCW 36.70A.172(1) and WAC 365-190-100  Yes  No Location(s)  Yes  No g. Regulations to protect the quality and quantity of ground water used for public water supplies. RCW 36.70A.070(1)  Yes  No Location(s)  Yes  No h. Regulations that protect the functions and values of fish and wildlife habitat conservation areas. RCW 36.70A.060(2) and RCW 36.70A.172(1) WAC 365-195-925(3), 365-190-130  Yes  No Location(s)  Yes  No i. Regulations that protect the functions and values of frequently flooded areas. RCW 36.70A.060(2) and RCW 36.70A.172(1) WAC 365-190-110, WAC 173-158-040  Yes  No Location(s)  Yes  No j. Definition of “fish and wildlife habitat conservation areas” does not include such artificial features or constructs as  Yes  No  Yes  No Addressed in current plan or regs? If yes, where? Changes needed to meet current statute? Notes 12 | P eriodic update checklist for cities – June 2016 irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of and are maintained by a port district or an irrigation district or company. New in 2012. RCW 36.70A.030(5) Location(s) k. Provisions to ensure water quality and stormwater drainage regulations are consistent with applicable Land Use Element policies. RCW 36.70A.070(1)  Yes  No Location(s)  Yes  No l. Regulation of geologically hazardous areas consistent with public health and safety concerns. RCW 36.70A.030(9), RCW 36.70A.060(2) and RCW 36.70A.172(1) WAC 365-190-120  Yes  No Location(s)  Yes  No m. Provisions that allow “reasonable use” of properties constrained by presence of critical areas. RCW 36.70A.370. See Attorney General’s Advisory Memorandum: Avoiding Unconstitutional Takings of Private Property for guidance  Yes  No Location(s)  Yes  No n. If your city is assuming regulation of forest practices as provided in RCW 76.09.240: forest practices regulations that protect public resources, require appropriate approvals for all phases of conversion of forest lands, are guided by GMA planning goals, and are consistent with adopted critical areas regulations. RCW 36.70A.570, Amended in 2007, 2010 and RCW 76.09.240 Amended in 2007, 2010 Note: Applies only to counties fully planning under the GMA with a population greater than 100,000 and the cities and towns within those counties where a certain number of Class IV applications have been filed within a certain timeframe.  Yes  No Location(s)  Yes  No 11. Shoreline Master Program See Washington State Department of Ecology’s SMP Submittal Checklist a. Zoning is consistent with Shoreline Master Program (SMP) environmental designations. RCW 36.70A.070; RCW 36.70A.480 and WAC 365-196-580  Yes  No Location(s)  Yes  No b. If SMP regulations have been updated to meet Ecology’s shoreline regulations: protection for critical areas in  Yes  No  Yes  No Addressed in current plan or regs? If yes, where? Changes needed to meet current statute? Notes 13 | P eriodic update checklist for cities – June 2016 shorelines is accomplished solely through the SMP. RCW 36.70A.480(4), Amended in 2003 and 2010 and RCW 90.58.090(4). WAC 365-196-580 Location(s) 12. The Zoning Code should contain the following provisions: a. Family daycare providers are allowed in areas zoned for residential or commercial uses. Zoning conditions should be no more restrictive than those imposed on other residential dwellings in the same zone, but may address drop-off and pickup areas and hours of operation. RCW 36.70A.450, WAC 365-196-865  Yes  No Location(s)  Yes  No b. Manufactured housing is regulated the same as site-built housing. RCW 35.21.684, 35.63.160, 35A.21.312 and 36.01.225, All Amended in 2004  Yes  No Location(s)  Yes  No c. If the city has a population over 20,000 accessory dwelling units (ADUs) are allowed in single-family residential areas. RCW 43.63A.215(3)  Yes  No Location(s)  Yes  No d. If there is an airport within or adjacent to the city: zoning that discourages the siting of incompatible uses adjacent to general aviation airports. RCW 36.70A.510, RCW 36.70.547, New in 1996) Note: The zoning regulations must be filed with the Aviation Division of WSDOT. WAC 365-196-455  Yes  No Location(s)  Yes  No e. If there is a Military Base within or adjacent to the jurisdiction employing 100 or more personnel: zoning that discourages the siting of incompatible uses adjacent to military bases. RCW 36.70A.530(3), New in 2004. WAC 365-196-475  Yes  No Location(s)  Yes  No o. Residential structures that are occupied by persons with handicaps must be regulated the same as a similar residential structure occupied by a family or other unrelated individuals. RCW 36.70A.410, WAC 365-196-860  Yes  No Location(s)  Yes  No p. Cities adjacent to I-5, I-90, I-405, or SR 520 and counties -- for lands within 1 mile of these highways -- must adopt regulations that allow electric vehicle infrastructure (EVI) as a use in all areas except those zoned for residential or  Yes  No Location(s)  Yes  No Addressed in current plan or regs? If yes, where? Changes needed to meet current statute? Notes 14 | P eriodic update checklist for cities – June 2016 resource use, or critical areas by July 1, 2011. RCW 36.70A.695, New in 2009 q. Development regulations of all jurisdictions must allow electric vehicle battery charging stations in all areas except those zoned for residential or resource use, or critical areas by July 1, 2011. RCW 36.70A.695, New in 2009  Yes  No Location(s)  Yes  No 13. Subdivision Code regulations a. Subdivision code is consistent with and implements comprehensive plan policies. RCW 36.70A.030(7)and 36.70A.040(4)(d), WAC 365-196-820  Yes  No Location(s)  Yes  No b. Code requires written findings documenting that proposed subdivisions provide appropriate provision under RCW 58.17.110(2)(a) for: Streets or roads, sidewalks, alleys, other public ways, transit stops, and other features that assure safe walking conditions for students; potable water supplies [RCW 19.27.097], sanitary wastes, and drainage ways (stormwater retention and detention); open spaces, parks and recreation, and playgrounds; and schools and school grounds. WAC 365-196-820(1)  Yes  No Location(s)  Yes  No c. Subdivision regulations may implement traffic demand management (TDM) policies. RCW 36.70A.070(6)(a)(vi)  Yes  No Location(s)  Yes  No d. Preliminary subdivision approvals under RCW 58.17.140 are valid for a period of five, seven, or nine years. [RCW 58.17.140 and RCW 58.17.170. Amended 2010 by SB 6544. Expires 2014. Amended 2012 by HB 2152 Note: House Bill 2152, adopted by the Legislature in 2012, modified timelines. The preliminary plat approval is valid for: seven years if the date of preliminary plat approval is on or before December 31, 2014; five years if the preliminary plat approval is issued on or after January 1, 2015; and ten years if the project is located within city limits, not subject to the shoreline management act, and the preliminary plat  Yes  No Location(s)  Yes  No Addressed in current plan or regs? If yes, where? Changes needed to meet current statute? Notes 15 | P eriodic update checklist for cities – June 2016 is approved on or before December 31, 2007. 14. Concurrency , Impact Fees, and TDM a. The transportation concurrency ordinance includes specific language that prohibits development when level of service standards for transportation facilities cannot be met. RCW 36.70A.070(6)(b) ESB 5923 (laws of 2015) requires counties, cities, and towns to delay the starting of the six-year time frame until after deferred impact fees are due. For more information see MRSCs Impact Fee Deferral Program web page. Adopted in 2015  Yes  No Location(s)  Yes  No b. If adopted: impact fee methods are consistent with RCW 82.02.050 through 100 Note: The timeframe for expending or encumbering impact fees has been extended to ten years. RCW 82.02.070 and RCW 82.02.080, Amended in 2011. WAC 365-196-850 ESB 5923 (laws of 2015) requires counties, cities, and towns to adopt a deferral system for the collection of impact fees for new single-family detached and attached residential construction. by September 1, 2016. Adopted in 2015For more information see MRSCs Impact Fee Deferral Program web page.  Yes  No Location(s)  Yes  No If required by RCW 70.94.527: a commute trip reduction (CTR)ordinance to reduce the proportion of single-occupant vehicle commute trips. RCW 70.94.521-551, Amended in 2006. WAC 468-63 Note: See WSDOT’s CTR web page for more information.  Yes  No Location(s)  Yes  No 15. Siting Essential Public Facilities (EPFs) Regulations are consistent with Essential Public Facility siting process in countywide planning policies or city comprehensive plan, and do not preclude the siting of EPFs. RCW 36.70A.200(5) and WAC 365-196-550  Yes  No Location(s)  Yes  No 16. Project Review Procedures Project review processes integrate permit and environmental  Yes  Yes Addressed in current plan or regs? If yes, where? Changes needed to meet current statute? Notes 16 | P eriodic update checklist for cities – June 2016 review for: notice of application; notice of complete application; one open-record public hearing; allowing applicants to combine public hearings and decisions for multiple permits; notice of decision; one closed-record appeal. RCW 36.70A.470, RCW 36.70B and RCW 43.21C WAC 365-196-845  No Location(s)  No 17. General Provisions: The GMA requires that development regulations be consistent with and implement the comprehensive plan. RCW 36.70A.030(7) and .040(4)(d). Regulations should also include: a. A process for early and continuous public participation in the development regulation development and amendment process. RCW 36.70A.020(11),.035, .130 and .140  Yes  No Location(s)  Yes  No b. A process to assure that proposed regulatory or administrative actions do not result in an unconstitutional taking of private property. RCW 36.70A.370, WAC 365-196- 855 Note: See Attorney General’s Advisory Memorandum: Avoiding Unconstitutional Takings of Private Property.  Yes  No Location(s)  Yes  No This checklist covers the requirements of the Growth Management Act through the laws of 2016. It does not address related issues, or things that are not required but that are commonly found in comprehensive plans and the implementing regulations. http://www.commerce.wa.gov/serving-communities/growth-management/periodic-update/ Page 1 of 2 CITY OF MOSES LAKE STAFF REPORT To: John Williams, City Manager From: Gilbert Alvarado, Deputy City Manager Date: July 18, 2018 Proceeding Type: New Business Subject: Moratorium of Uses Relating to Cryptocurrency Legislative History: • First Presentation: May 22, 2018 • Second Presentation: June 12, 2018 • Requested Action: Adopt Work Program – July 24, 2018 Staff Report Summary In accordance with Ordinance No. 2900, the City Council is to conduct a public hearing within sixty (60) days after the adoption of the Ordinance. A public hearing was held on July 10, 2018 to take testimony on the merits of the moratorium that was imposed on uses relating to cryptocurrency mining operations. The public hearing was opened and closed by the City Council with action to follow on the Work Program at their July 24, 2018 regular scheduled meeting. Attached is a Work Program detailing the time period and action in accordance with RCW 36.70A.390 and RCW 35A.63.220. The City Council should consider the attached Work Program in accordance with the adopted Ordinance and as stated at the July 10th public hearing before the Council. Ordinance No. 2900, Section 2. Findings, included recitals that were adopted by the City Council as Findings of Fact in support of the moratorium imposed. The Council should confirm the adopted Finding of Fact as part their action on the Work Program. Page 2 of 2 Background Ordinance No. 2900 provides staff the time needed to study the impacts of cryptocurrency mining operations on the electrical distribution network and capacities of the network within the city limits. Land use considerations will also be studied in terms of compatibility and future development patterns. Section 6 of Ordinance No. 2900 requires the development of a Work Program. Fiscal and Policy Implications To be determined with further study and investigation. Options Option Results • Adopt Work Program Compliance with Section 6 of Ordinance No. 2900 adopted by the City Council on June 12, 2018 and state statute. • Take no action Non-compliance with Section 6 of Ordinance No. 2900 adopted by the City Council on June 12, 2018 and state statute. Staff Recommendation The City Council should consider and adopt a Work Program as well as confirm the Findings of Fact in accordance with state statute and Ordinance No. 2900. Attachments A. Work Program Legal Review n-a Ordinance 2900 WORK PROGRAM Timeline Action Review June 2018 through August 2018 Coordinate with Grant Co. PUD to identify potential issues Staff September 2018 through November 2018 Initiate public participation program to assist with Zoning Code and Policy development Planning Commission; Staff December 2018 through February 2019 Final Draft Zoning Code amendments; Conduct Public Hearing Planning Commission; Staff; Legal March 2019 Review Planning Commission recommendation Legal; Executive Staff April 2019 through June 2019 Consider Planning Recommendation City Council; Executive Staff; Legal