City Council

Oak Harbor City Council Workshop Meeting Minutes November 16, 2022 This was both a physical meeting location and a virtual meeting The meeting was viewable via YouTube www.youtube.com/cityofoakharbor and Facebook or could be viewed on Channel 10/HD 1090 following the meeting. Public Comments are not normally taken or included for Council Workshops CALL TO ORDER Mayor Pro Tem Hizon called the meeting to order at 2:00 p.m. ROLL CALL City Council Present: Staff Present: Videoconference Mayor Robert Severns - absent City Administrator Blaine Oborn Mayor Pro Tem Tara Hizon Finance Director David Goldman Councilmember Beth Munns Public Works Director Steve Schuller Councilmember Jim Woessner City Engineer Alex Warner Councilmember Bryan Stucky Senior Planner Dennis Lefevre Councilmember Dan Evans Police Captain Mike Bailey Councilmember Shane Hoffmire Deputy Fire Chief Mike Buxton Councilmember Eric Marshall Harbormaster Chris Sublet Communications & IT Manager Sabrina Combs City Administrator Executive Assistant Macalle Finkle City Clerk Julie Nester Also in attendance: City Attorney Hillary J. Evans of Kenyon Disend, PLLC MAYOR Mayor Pro Tem Hizon called the workshop to order. She welcomed those in attendance and explained she was presiding on behalf of Mayor Severns. She noted Councilmember Woessner had indicated he would be late and that consultants and some members of staff were participating virtually. DEVELOPMENT SERIVCES a. SEPA Thresholds Amendment Workshop Meeting Minutes November 16, 2022, Page | 1 Senior Planner Lefevre presented the information regarding the amendment. He explained as required by State Environmental Policy Act (SEPA) procedures in WAC 197-11 the City must require most developments in the planning phase to complete an environmental checklist to identify any potential impacts to the natural or manmade environment. The City reviews this checklist and must issue a determination: • The project does not have a significant impact to the environment (determination of non- significance DNS), or • The project may require conditions or mitigation to address potential negative impacts (mitigated determination of non-significance MDNS), or • Additional study (environmental impact statement) is required to address probable significant impacts to one or more of the checklist items (determination of significance DS). A variety of projects and procedures are considered exempt from having to submit a SEPA checklist. WAC 197-11-800 identifies several areas where SEPA is not required. One category is “Minor new construction” which includes single and multi-family developments, certain agricultural structures, minor office, school, commercial and recreational structures, associated and stand- alone parking facilities and landfill and excavations. Certain limits, or thresholds, have been established by the Department of Ecology for these minor new construction exemptions. Every Washington jurisdiction has flexibility to set the thresholds to any level up to the maximum set by WAC 197-11-800. The City of Oak Harbor last amended their threshold levels by Ordinance No. 1382 in August 2004 via OHMC 20.04.100(1). The Washington Department of Ecology updated the SEPA rules in 2012/2013. The updated rules grant local governments the ability to increase SEPA categorical exemption thresholds for certain minor new construction activities. With existing City threshold levels well below the increased state maximums, the Oak Harbor Housing Action Plan (June 2021, LDC, Inc.) recommended raising the existing SEPA exemption levels as a method to lower permit timelines and costs and potentially increase the affordable housing stock in the city. It is assumed that higher permitted densities and the reduction in bulk and dimensional standards (greater height allowance, more lot coverage, reduced setbacks) create a smaller environmental footprint for structural development than in communities with more typical density and lot standards. After discussions with Development Services staff, shifting City threshold levels to the maximum seemed extreme. With the City’s land use pattern and existing densities, more land area would be required to develop a 60-unit subdivision increasing the environmental risk without early review through the SEPA checklist. Planner Lefevre compared the existing and proposed SEPA threshold levels for Oak Harbor. The proposal is to increase all threshold levels except barns and loafing sheds. These structures are very rare in an urban community. It is also recommended that a new category for multi-family residential be created since the number of units proposed is different than the single-family level. The Planning Commission reviewed the proposed threshold levels at their October 25th meeting with no objections or concerns. A Planning Commission public hearing will be scheduled for January. Their recommendation will be forwarded to the Council at the January 25, 2023 meeting. Councilmembers Munns, Hoffmire and Evans provided their respective questions and comments. Workshop Meeting Minutes November 16, 2022, Page | 2 It was the consensus of the Council that this item be moved to later in the meeting as members of the Council knew Councilmember Woessner would want to comment on the proposed amendments. LEGAL DEPARTMENT a. Amending Council Rules of Procedure to Include Update of Council Rules of Procedure, Council/Staff Guidelines, and Code of Ethics and Conduct City Attorney Evans explained the City of Oak Harbor Council Rules of Procedure was adopted in 2004 and was last updated in 2015. At the Council’s Annual Retreat on March 31, 2022, facilitator Julie Underwood prepared draft Council and Staff Guidelines based upon the expectations discussion by Council and Staff. The draft was presented to Council at the July 20, 2022 Council Workshop. One of the main proposed changes is to change from Parliamentary Procedures to the more common and more familiar processes included in Roberts Rules of Order. Additionally, many city councils have developed a Code of Ethics and Conduct to assure that all elected and appointed officials, conduct themselves in a manner that will instill public confidence and trust in the fair operation and integrity of city government. City Attorney Evans noted she and Mayor Severns are seeking Council input on updating the Rules of Procedure and options for creating a Code of Ethics and Conduct. Councilmember Stucky, Mayor Pro Tem Hixon, and Councilmembers Evans, Hoffmire, Marshall, Munns and Woessner provided their respective questions and comments. City Attorney Evans will draft these items for Council consideration at a future meeting. DEVELOPMENT SERVICES b. Critical Areas Ordinance Code Amendments Senior Planner Lefevre reviewed the code amendments, updates and discussions to date. Staff proposed two code amendments based on recommendations included in the study “City of Oak Harbor Residential Bluff Conservancy – Policy and Regulation Review”, January 2021, Coastal Geologic Services which was prepared as part of the Shoreline Master Program Periodic Review. One amendment proposed to increase the primary structural setback from 25’ to 50’ when adjacent to a steep (40% or greater) or unstable slope and the other amendment would remove the option to transfer density from unusable privately owned tideland to the upland portion of the lot. Both amendments were the focus of concerns raised at the September 6, 2022 City Council public hearing. The hearing was continued to the October 18, 2022 City Council meeting. Staff presented revised versions of both amendments at the October 18, 2022 meeting. The revised setback amendment proposed maintaining a 50’ setback from the top of a steep slope, however permitted a reduction to 25’ based on support from a geotechnical report or meeting the reasonable use requirements. The revision to the density transfer would allow up to 50% of the area encompassed in privately held tidelands be available for transfer to the upland portion of the lot, if supported by a geotechnical report. Workshop Meeting Minutes November 16, 2022, Page | 3 Council requested additional time to review these amendments and directed staff to place the item on the November 16, 2022 workshop agenda while continuing the public hearing to December 6, 2022. Staff will proceed with preparation of revisions for the December 6, 2022 continued public hearing in conformance with Council direction given at this workshop. Mayor Pro Tem Hizon and Councilmembers Evans, Hoffmire, Woessner, Stucky and Marshall provided their respective questions and comments. PUBLIC WORKS a. Utility Rate Study System Development Charges Finance Director David Goldman introduced consultant Chris Gonzalez, Senior Project Manager of the FCS Group and provided the presentation. The City Council, on March 23, 2022, entered into an agreement with FCS Group, Inc. (FCS) to conduct a utility rate study. This City of Oak Harbor has four utilities which are accounted for in separate funds: Water, Sewer (a.k.a Wastewater), Solid Waste (components: Trash, Recycling, Dumpster, and Yard Waste), and Storm Drain. FCS analyzed financial and business data to develop/update: 1) rate revenue requirements and 2) System Development Charges (SDCs). System Development Charges (SDC’s) contribute to the cost of the City’s utility infrastructure. The calculation methodology is the cost of the existing asset (system), plus future capital project cost, divided by the existing Equivalent Residential Units (ERU) and future growth to develop the total cost. FCS Group presented their initial findings to City Council at the August 24, 2022 Council Workshop. Additional discussion and direction took place at the September 28, 2022 Council Workshop. The City Council adopted utility rates for 2023 through 2025 on September 20, 2022. The Council requested staff and the consultant review additional metrics and bring these back to the Council at a later date for further review. Based on Council direction, staff has worked with FCS Group to develop updated SDC scenarios for Council consideration. The scenarios contained in this iteration include: Option 1: Full implementation on March 1, 2023; no tiers Option 2: Three-year front loaded phase-in. Tiers by size of home. Option 3: Three-year even phase-in. Tiers by size of home. Chris Gonzales of FCS Group reviewed the methodology used and phasing options. Councilmembers Hoffmire, Woessner, Evans, Marshall, Munns, and Mayor Pro Tem Hizon provided their respective questions and comments. BREAK Mayor Pro Tem Hizon called for a short break at 4:19 p.m. The meeting was called back to order by Mayor Pro Tem Hizon at 4:29 p.m. Workshop Meeting Minutes November 16, 2022, Page | 4 ENGINEERING a. Traffic Calming Program City Engineer Warner presented the program, developed with the Police Department. He noted the current program was last updated in 2006. New industry practices, and a better identification and recognition of the hard limits of funding availability and staff resources are necessitating an update to the program. The City, in partnership with the Island Region Transportation Planning Organization, applied for a Safe Streets for All (SS4A) grant to develop a Safety Action Plan. City Council authorized the Mayor to sign the grant application at the September 6, 2022 City Council Meeting. The Safety Action Plan will develop a holistic, well-defined strategy to prevent roadway fatalities and serious injuries city-wide. A common contributor to fatalities and serious injuries is vehicle speed. The Plan’s goal is to increase roadway safety by implementing solutions that reduce speeding, collisions, injuries and fatalities. Engineer Warner reviewed the “3 E’s” of Traffic Calming ▪ Education ▪ Enforcement ▪ Engineering He also explained the steps taken by the City when a concern is noted. The City receives Intake of concerns from citizens via phone, email, City of Oak Harbor website “Contact Us”, or in-person. Public Work’s Engineering Division then responds to citizen gather further details and request they complete a “Citizen Action Request (CAR) Form”. This form identifies whether the concern is for an accident, speeding, or other concerns, describes the concern and the location, and, in the case of speeding, requires additional signatures from at least five households on the street. Engineer Warner reviewed the current Traffic Calming in Residential Neighborhoods handout, last updated in 2006, and a flowchart of how data is collected an analyzed by the City. Analysis leads to either no further action, education, enforcement, or engineering (i.e. installation of Engineering Best Management Practices (BMPs) depending on budget). The citizen submitting the concern is notified of action/no action. The City has received 80 citizen requests since 2006. Education methods include community presentations and materials, school activities, and law enforcement events. Enforcement includes visible patrols, traffic emphasis, and radar trailer deployment. Engineering may include the installation of speed humps, rapid rectangular flashing beacons and/or speed limit radar signs. Staff has included streets traffic calming in the 2023-2024 Biennial Budget, utilizing $30,000 from REET funding. Engineer Warner also reviewed the Safe Streets For All program, developed as a bipartisan infrastructure Law Infrastructure Investment and Jobs Act. Island County Regional Planning Organization (IRTPO) is the lead agency, with Joint applicants: Island County (Planning, Public Works and Public Health), Island Transit, City of Oak Harbor, Town of Coupeville, and City of Langley. He also reviewed “Vision Zero” – a strategy to eliminate all traffic fatalities and severe injuries, while increasing safe, healthy, equitable mobility for all which is gaining momentum in major American cities and which may be a policy the City would look to adopt. Public Works Director Schuller also provided input. The final portion of Engineer Warner’s presentation focused on new technology, such as Workshop Meeting Minutes November 16, 2022, Page | 5 Automated Traffic Enforcement Systems (ATES). He reviewed the authorized uses, stoplight violations, railroad crossing violations, school speed zone violations, and speed violations. Also reviewed were National Transportation Safety Board (NTSB) ▪ Recommends technologies in new vehicles to prevent driving over the speed limit. ▪ Speed limiters may be in new cars soon. In closing, Engineer Warner reviewed the Traffic Calming Program and Safety Action Plan combined. Councilmembers Hoffmire, Evans, Stucky, Woessner, Marshall and Mayor Pro Tem Hizon provided their respective questions and comments. ADMINISTRATION a. Discussion of City of Oak Harbor Draft Legislative Priorities for 2023 Communications/IT Manager Combs presented the item for Council discussion in establishing the City's legislative priorities for 2023. She reviewed the legislative priorities adopted by Council for 2022. Most of those priorities are still consistent but with updated terminology. Staff will continue to incorporate the 32 goals and priorities for the City as adopted by Council on October 4, 2022. The Council can choose to maintain the 2022 legislative priorities or make changes for 2023. The resulting resolution for 2023 legislative priorities will be brought to Council for adoption prior to year's end. The adopted legislative priorities are provided to Island County, and to our State and local senators and representatives. Councilmembers Munns, Woessner, Hoffmire, and Mayor Pro Tem Hizon provided their respective questions and comments. b. City Administrator’s Report City Administrator Oborn provided highlights of his monthly report to Council: • Lobbying progress on CWF debt relief • The conservation easement that was opposed by Council was approved at the RCO level. The City will now take their opposition to the State and Federal level • Economic Development is driving the City’s consideration of the purchase of 1081 Pioneer Way • The City’s new Director of Parks and Recreation, Brian Smith, starts employment on November 30, 2022. • Public Works Director Schuller is making great progress in discussion on the U-Haul access road. There were no comments from Council. CITY COUNCIL a. Council Comments Workshop Meeting Minutes November 16, 2022, Page | 6 Councilmember Evans and Mayor Pro Tem Hizon provided their respective questions and comments. ADJOURN Hearing no other discussions. Mayor Pro Tem Hizon adjourned the workshop at 5:19 p.m. Certified by Julie Nester, City Clerk Workshop Meeting Minutes November 16, 2022, Page | 7