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City Council

Regular Meeting

Oak Harbor, WA · July 20, 2022

AgendaMinutes

Minutes

Oak Harbor City Council Workshop Meeting Minutes July 20, 2022 CALL TO ORDER Mayor Severns called the meeting to order at 2:00 p.m. This was both a physical meeting location and a virtual meeting The meeting was viewable live via YouTube at www.youtube.com/cityofoakharbor or could be viewed on Channel 10/HD 1090. Public Comments are not normally included for Council Workshops ROLL CALL City Council Present: Staff Present: Videoconference Mayor Robert Severns City Administrator Blaine Oborn Mayor Pro Tem Beth Munns Finance Director David Goldman Councilmember Tara Hizon Public Works Director Steve Schuller Councilmember Jim Woessner - absent Principal Planner Cac Kamak Councilmember Bryan Stucky Senior Planner Dennis Lefevre Councilmember Shane Hoffmire Harbormaster Chris Sublet Councilmember Dan Evans Fire Chief Ray Merrill Councilmember Eric Marshall Police Chief Dresker Central Services Supervisor Sandra Place Lead Mechanic Ken Riley City Administrator Executive Assistant Macalle Finkle Communications & IT Manager Sabrina Combs City Clerk Julie Lindsey Also in attendance: Interim City Attorney Hillary J. Evans of Kenyon Disend, PLLC MAYOR Mayor Severns called the workshop to order and welcomed those in attendance. He noted some members of staff were participating virtually. Staff requested to place the update on Police Fleet Replacements to the beginning of the agenda to accommodate scheduling. POLICE DEPARTMENT Workshop Meeting Minutes July 20, 2022, Page | 1 Page 1 of 3 a. Police Fleet Replacements Central Services Supervisor Place provided an update on planned vehicle replacements. The 2021- 2022 biennial budget includes funds to replace several police fleet vehicles. The state contract pricing will be available on August 1, 2022, and staff would like to be prepared to order, to ensure a timely delivery. Per City Code, any item or items valued at more than $50,000 are brought to the Council for approval. Under the state contract, the cost for a new hybrid SUV with the police upgrades is $52,452. Central Services Supervisor Place reviewed replacement options for the police fleet and updated Council on the costs saved by moving to hybrid patrol vehicles versus traditional patrol vehicles. Also reviewed were the 2022-2023 budget and scheduled replacements. This item will be brought forward for Council approval at the next meeting. Mayor Pro Tem Munns provided her respective comments and questions. DEVELOPMENT SERVICES a. 2022 Comprehensive Plan Amendments Principal Planner Cac Kamak reviewed the process for annual Comprehensive Plan amendments. He noted these were discussed at the May 24, 2022 and June 28, 2022 Planning Commission meetings, and provided a presentation on the items under discussion. There are several items that are tracking on the 2022 Docket, including Housing Elements, Housing Action Plan implementation, JPA/UGA Boundaries/Capacity, Transportation Elements, and the Active Transportation Plan Consultant Contracts, the Capital Improvements Plan, Land Use Elements and Sponsored Land Use Amendments. Today’s discussion focused on the Land Use changes to consider this year. The Future Land Use Map requires updating following the changes done in 2016 with the major update. Land Use classifications were reduced significantly in 2016 to simplify designations and reduce times for rezone processes. This change led to some anomalies and conversion errors. Updates will include Planned Residential Estates, Planned Industrial Park and Planned Business Park designations and Land Use Anomalies. Planner Kamak shared some of these anomalies along with options for changes and corrections to land use elements. He noted most of the proposed changes could be corrected without impacting current uses on the property. The land use discussion is also looking into the Industrial Land Use and the underlying Planned Industrial Park (PIP) and Planned Business Park (PBP) zoning designations to determine if these designations are needed to manage growth and development in the city. An option to combine them all into one category could simplify the process and regulations for the Industrial District. Mayor Pro Tem Munns provided her respective comments and questions. b. Critical Areas Ordinance Amendments Senior Planner Lefevre presented the proposed amendments, which would provide a consistency between the Shoreline Master Plan (SMP) and the Oak Harbor Municipal Code (OHMC). He reviewed that as mandated by WAC 173-26-090, the City of Oak Harbor performed a periodic review on the 2013 SMP. Several amendments were made resulting in a revised SMP which was adopted by the City in June 2021 and subsequently by the WA Department of Ecology (August 2021). A few of these amendments resulted from recommendations included in the grant funded study “City of Oak Harbor Residential Bluff Conservancy – Policy and Regulation Review”, January, 2021, Coastal Geologic Services. This study assessed the residential bluff conservancy portion of the City’s shoreline to provide recommendations for practical, efficient, and effective policy revisions to protect the economic and ecological interface. This area is exclusively along the bluff located east of Scenic Workshop Meeting Minutes July 20, 2022, Page | 2 Page 2 of 3 Heights Street on the city’s western shore. While the SMP incorporated several of the study’s recommendations, the OHMC has not been amended and should be to provide consistency. Planner Lefevre explained the OHMC is affected primarily by two recommendations. The first is to increase the minimum bluff setback for primary structures. New construction or additions will need to remain 50 feet from the top of a steep or unstable bluff. The previous setback could be as low as 25 feet. It should also be noted that decks which add no substantial loading weight to the hazardous area and accessory buildings 120 square feet or less may extend into the setback area to within 20 feet of the top or toe of a steep or unstable slope, unless a larger setback is recommended by the geotechnical analysis or by the International Building Code. The previous setback for decks and accessory structures was 10 feet. The study identifies the potential impact of sea level rise on the projected bluff recession as the primary source of concern for this recommendation. The focus of the second amendment is the existing code language which allows a potential development to transfer the equivalent density of the portion of a lot which is privately owned but is waterward of the ordinary high-water mark, also known as tideland. The study considers this density transfer “highly unusual”. This amendment proposes to terminate this allowance. Planner Lefevre reviewed the code amendment process. Staff plans to bring this update to the Council in a public hearing on September 6, 2022. Councilmember Hizon, Mayor Severns, and Mayor Pro Tem Munns provided their respective comments and questions. FINANCE a. Grants Update Grants Administrator Horn provided the Council with an update on existing grants, upcoming and potential new and long-term grants. She reviewed the annual grants applied for and received by several departments, including the Police Department, Fire Department, Public Works, Oak Harbor Marina, and miscellaneous grants, and grant-funded projects. Grants Administrator Horn reviewed applied for and pending grants and ARPA funded grants, with 93% of ARPA grant funding allocated for 51 projects and initiatives as approved by the Council, $534, 000 of which has been spent to date. A monthly steering committee meeting reviews each initiative’s progress and discussed other potential grant opportunities. Administrator Horn provided a three-month look ahead at pending grant requests and a twelve-month and beyond listing of potential grants. Additionally, she provided information on the Bipartisan Infrastructure Act, partnerships with tribes, other governmental agencies, the U.S. Navy, and private industry as potential grant sources. Councilmembers Hizon and Hoffmire provided their respective comments and questions. Grants Administrator Horn will return quarterly to provide Council with an update. LEGAL DEPARTMENT a. Ordinance No. 1956: Amending Oak Harbor Municipal Code Chapter 1.14 – Public Records City Attorney Evans reviewed the proposed amendment, intended to streamline the process between the Police Department and the City’s Public Records Officer (PRO). Under the Public Records Act ("PRA"), agencies are "to provide full public access to public records Workshop Meeting Minutes July 20, 2022, Page | 3 Page 3 of 3 ..." and to "provide for the fullest assistance to inquirers and the most timely possible action on requests for information" (RCW 42.56.100). It is the policy of the City of Oak Harbor that all persons are entitled to the greatest possible information regarding the affairs of city government and the official acts of those officers and employees who serve the public. RCW 42.56.040 requires local agencies to publish and display their public disclosure rules. The City has adopted Oak Harbor Municipal Code ("OHMC") Chapter 1.14 "Public Records" to effectuate that goal and provide a clear process for requesters. The City Council has determined it is in the best interest of the City to update Chapter 1.14 Attorney Evans explained the proposed amendment was a favorable update and primarily a “housekeeping” item. There were no questions or comments from the Council. The item will be brought to Council at the August 3, 2022 Council meeting. b. Ordinance No. 1960: Adopting Oak Harbor Municipal Code Section 9A.04.004 per the Revised Code of Washington City Attorney Evans provided information on the proposed ordinance. She explained the OHMC does not have a “catch all” criminal reference. The City’s criminal prosecutor has recommended that the City of Oak Harbor adopt, by reference, the Washington Criminal Code within its municipal code. The Washington Criminal Code, the Revised Code of Washington (RCW), contains criminal statutes that are enforceable by the City of Oak Harbor Police Department and the City Prosecuting Attorney. The proposed ordinance would adopt, by reference, any new criminal law adopted by the State of Washington. By incorporating it by reference into the OHMC, the City can prosecute newly adopted or recently amended laws. There were no questions or comments by the Council. This item will be brought forward to City Council for action on August 3, 2022. ADMINISTRATION a. City Council Retreat: Council/Staff Guidelines and Council Goals Prioritization City Administrator Oborn reviewed the information from the Council retreat of March 31, 2022. The Retreat also included City Department Heads and was facilitated by Julie Underwood. The draft Retreat Report prepared by Ms. Underwood was included in the meeting packet for review and finalization. Ms. Underwood also prepared a draft of Council and Staff Guidelines based upon the Expectations discussion for Council and Staff. This was presented for City Council review and any changes if need be. The next step will be for the Council to adopt the Council and Staff Guidelines. The Guidelines may also be included in the Council Rules of Procedure. It is also recommended that the City Council consider revising the Council Rules of Procedure based upon input from the new City Attorney. Under Morale, the City Administrator proposed putting employees first by setting the Non- Represented Employees COLA for 2023 Budget at 2% and 2024 Budget at 3%. During the retreat, Councilmembers identified 43 goals in 12 categories. It was recommended that City Council narrow the number of goals. To aid Council in this process was a Council Goals Workshop Meeting Minutes July 20, 2022, Page | 4 Page 4 of 3 Prioritization Worksheet for each Councilmember to fill out. In the Priority Ranking column, with rankings of 3 for high priority, 2 for medium priority, and 1 for low priority. Staff asked that the Worksheet be returned to the City Administrator by Monday, July 25, 2022. Staff will then combine the scores of each Councilmember to make collective rankings to present to City Council at the August 3, 2022 meeting. Council can then use the information to narrow to around 10 goals. Council may also derive another method of prioritization. Mayor Pro Tem Munns and Councilmembers Stucky, Hizon, Hoffmire and Evans provided their respective comments and questions. In response to questions, City Administrator Oborn noted staff envisioned a document with narrowed down goals, many of which needed to be refined. Members of Council discussed a potential planning session to narrow goals and requested hard copies for additional notation. Councilmembers will select their top ten priorities and provide these to staff to compile. b. Preview of City Website Redesign Communications and IT Manager Combs provided an overview of the redesign of the City’s website and an update on an impending “go live” date of August 24, 2022. She provided the following background information: • On December 14, 2020, City Council authorized the Mayor to sign a contract with CivicPlus. Staff reviewed and scored proposals from all vendors for the website redesign project and received demonstrations from the vendors with the highest proposal evaluation scores. • On September 22, 2021, the City’s Central Services Supervisor provided City Council with an update on the status of the Request for Proposals (RFPs) for internet services and the City’s website. Manager Combs noted staff’s appreciation of the participation of Councilmembers Hizon and Marshall on the project team, along with Executive Assistant Finkle, Central Services Supervisor Place and City Clerk Lindsey. Staff who will be utilizing and inputting information to the website will received training on July 12 and 13 and are currently working to edit and revise site information and content. The City will be moving to a .gov internet address. Councilmembers Evans, Stucky and Hoffmire provided their respective comments and questions. Mayor Severns thanked Manager Combs and staff for the excellent work to provide a new site quickly and professionally. c. City Administrator’s Report City Administrator Oborn provided the report and responded to any questions from the Council. He highlighted the following areas and items: Development Services – • Follow-up discussions and negotiation with Whidbey Land Trust Finance – • Bi-Annual Budget kick-off meeting held • Utilities Rate Study is on-going Workshop Meeting Minutes July 20, 2022, Page | 5 Page 5 of 3 Fire and Police Departments – • National Night Out at Windjammer Park on Tuesday, August 2nd, moving the Council meeting to August 3rd as noted • The Police Department has fielded a number of complaints about the dilapidated RV’s and adjacent conditions at the Park & Ride lot outside the City limits. These complaints have been referred to Island County. Human Resources – • Has started recruitment for a Parks & Recreation Director Marina – • Boat Launch is open but the damaged dock remains closed • Flintstone Park dock was installed Public Works – • Demolition of two outbuildings behind City Hall has been accomplished. The City is doing a Request for Proposals (RFP) for any interested parties who wish to purchase and remove the house on the property. Estimated time to bring this back to Council is approximately three months. Councilmember Hoffmire provided his respective comments and questions. CITY COUNCIL There were no additional comments from members of the Council. ADJOURN There being no further reports or discussions, Mayor Severns thanked all for their participation and adjourned the workshop at 3:42 p.m. Certified by Julie Lindsey, City Clerk Workshop Meeting Minutes July 20, 2022, Page | 6 Page 6 of 3

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