City Council

Oak Harbor City Council Workshop Meeting Minutes March 27, 2024 This was both a physical meeting location and a virtual meeting. Meeting was viewable live via YouTube at www,youtube.com/cityofoakharbor, on Facebook, and on Cable Channel 10/HD 1090 following the meeting CALL TO ORDER Mayor Wright called the workshop meeting to order at 2:00 p.m. ROLL CALL City Council Present: Staff Present/Videoconference Mayor Ronnie Wright Interim City Administrator Sabrina Combs Mayor Pro Tem Tara Hizon Deputy City Admin. & Finance Dir. David Goldman Councilmember Jim Woessner Development Services Director David Kuhl Councilmember Bryan Stucky Parks and Recreation Director Brian Smith Councilmember Shane Hoffmire Public Works Director Steve Schuller Councilmember Eric Marshall Police Chief Tony Slowik Councilmember Christopher Wiegenstein Interim Fire Chief Gordon Olson Councilmember Barbara Armes Harbormaster Chris Sublet Principal Planner Cac Kamak Finance Manager Chas Webster Grants Administrator Wendy Horn Central Services Manager Sandra Place Executive Assistant Macalle Finkle City Clerk Julie Nester Also in attendance: City Attorney Hillary Evans of Kenyon Disend, PLLC MAYOR Mayor Wright welcomed all in attendance. He noted all members of the Council were present. He ob- served there were two items for action on the agenda, and that the Council may allow or request public participation for those items. Mayor Wright also shared that the City’s thoughts were with the City of Baltimore, Maryland in the col- lapse of the Francis Scott Key Bridge and the families of those injured or lost in this tragic accident. Special Meetings – Mayor Wright announced the City Council will be holding two special Council meet- ings in April. The first will be on April 10th at 2:00 p.m. in Council Chambers. The purpose of that special meeting is to discuss the Council’s Overarching Priorities and how they relate to our budget planning. Deputy City Administrator Goldman has sent budget information to the Council in preparation for that meeting. Workshop Meeting Minutes March 27, 2024 Page 1 of 10 The second special meeting is a joint meeting with the Island County Board of Commissioners on April 23rd at 1:00 p.m. The purpose of the special meeting is to review and discuss land use policies and regulations of mutual interest. That special meeting will be held at the Whidbey Campus of Skagit Valley College, Room A306. Both meetings are open to the public, but public comment will not be taken. PARKS AND RECREATION a. Action Item: Resolution 24-12: Oak Harbor Marina Main Electrical Supply Cable - Emergency Repair. Parks and Recreation Director Smith explained the need for this action item. On Saturday, March 16, 2024, the Marina experienced an electrical failure along the main walkway resulting in the power to E, F, and G Docks being interrupted. The lighting on the affected docks is also not operational, and the Wi- Fi is off throughout the Marina (the Wi-Fi signal is sent to E Dock and then distributed to the rest of the Marina). 120 vessels were impacted. Staff quickly moved to first relocate liveaboard tenants to other docks, followed by non-liveaboard tenants and others on a "first come, first served" basis, considering slip sizes and availability. The failure also means the safety and security cameras do not function, nor do the channel markers. An additional issue to the loss of power is the potential for bilge pump failures if a vessel's battery back- up system does not kick-in. This could result in a vessel taking on water, or, in a worst-case scenario, sinking. All Marina tenants have been notified. The initial electrician inspection determined that the main supply cable has failed and needs to be re- placed. This cable is a special-order item which must be ordered from the manufacturer, and it is antic- ipated to take a couple of weeks to arrive. Once it arrives, it will likely take another week to have it installed. As of today, staff is anticipating it could be three to four weeks until the electrical service to E, F, and G Docks is restored. The initial estimates for repair came in at $60,000 - $75,000. Staff acknowledges the actual cost could be much greater as a full replacement and additional work is required. Staff reached out to three elec- tricians, two of which came to the Marina to provide initial estimates. The failure of the main supply cable qualifies as an emergency per Section 1.13 Declared Emergencies, of the City’s Purchasing Policy, which defines such a failure as (a) “unforeseen circumstance, beyond control of the City that presents a real, immediate threat to the proper performance of essential functions” or (b) “will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken”. Declared Emergency Process: Per RCW 34.08.280, the City Council may, by resolution, waive compet- itive bidding requirements to adequately respond to emergencies. Mayor Wright confirmed whether the Council would accept public comment on the item and requested any comments from the public. Hearing no one with a desire to address the Council, Mayor Wright called upon the Council for their questions and comments. Councilmembers Hoffmire, Marshall, and Wiegenstein provided their respective questions and com- ments. Motion: Councilmember Stucky moved to approve Resolution 24-12: Oak Harbor Marina Electrical Main Supply Cable Repair and authorize the Mayor to approve the expenditure of funds in an amount not to Workshop Meeting Minutes March 27, 2024 Page 2 of 10 exceed $90,000 for emergency repair and/or replacement of electrical system components at the Oak Harbor Marina. Mayor Pro Tem Hizon seconded the motion, which passed unanimously. b. Inclusive Regional Playground Parks and Recreation Director Smith provided Information and discussion on inclusive playground needs and planning for Oak Harbor. He explained the need to build recreation facilities that are versatile and adaptable to meet the needs of all residents of the community, with the goal of providing a well- rounded selection of recreation programs and activities that provide uplifting, healthful, enjoyable and personally satisfying experiences for Oak Harbor residents of all ages. Director Smith further explained that inclusive play is not about meeting “special needs”; it's about meeting everyone's need to play, wherever they choose and in a variety of different ways. Staff is seeking to create an inclusive playground at Windjammer Park. The cost of such a playground is approximately $950,000. Funding sources include the potential for LWCF grant funding, a program match, and community donations. Parks and Recreation Commission Chair Carrie Stucky also provided information. Councilmembers Woessner, Hoffmire, Stucky, Wiegenstein, Marshall. and Mayor Pro Tem Hizon pro- vided their respective questions and comments. c. Windjammer Park Financial and Project Update Parks and Recreation Director Brian Smith provided the financial expenses summary and project update for Windjammer Park. He reviewed the 2022 Community Feedback Process. Some of the projects not included in the community feedback process were: Heaters in kitchens ADA access to beach trails A pilot program for beachfront native growth areas Irrigation system replacement Lagoon dock replacement Non-motorized watercraft ramp Additional projects identified under community feedback in the plan included: Special Events Great Lawn Wetland Enhancement and Overlook w/ info signs New Picnic Areas by Lagoon and Splash Park Shoreline Enhancements New Playground on the West Side of the Park Dog Park / Dog Run Streetscape Improvements at Beeksma Drive Bring back the Windmill City Hosted Special Events and Teen Activities Keep and Improve the Baseball Fields More Covered Picnic areas w/ BBQ Grills Increased Maintenance, Cleaning, Grooming Add Trees (shade/fragrance), plantings, flowers Dog Park- fenced for off-leash Lagoon Improvements, Lifeguard 2023 Staff Recommendations were: #1 - Repair Shoreline Workshop Meeting Minutes March 27, 2024 Page 3 of 10 #2 - Enhance the Pavilion #3 - Fix the Splash Park #4 - Improve Picnic/Seating Option #5 - Rental Facility Improvements #6 - Shady Areas Near Splash Park and Lagoon #7 - Interpretive Center Available for Rental Use The Windjammer Park Improvement Fund (325) is estimated to have available $1,067,636 in 2024. The City’s 6-year CIP includes an additional $250,000 in the year 2027. This provides a total fund of $1,317,636 budgeted for improvement projects. Councilmembers Stucky and Woessner provided their respective questions and comments. Development Services a. Planning Commission Annual Report to City Council Development Services Director David Kuhl presented the annual report. Staff drafted the annual report for 2023; the work program for 2024; and prepared the action details based on approved meeting minutes. The Planning Commission reviewed this report and provided recommendations to City Council. 2023 Accomplishments - Long Range Planning • Resolution No. 23-02: The 2023 Comprehensive Plan Docket which included ongoing amendments such as Implementation of the Housing Action Plan (HAP), Joint Planning and Urban Growth Area discussions with Island County, the Active Transportation Plan (ATP), and Industrial land use changes, along with the addition of a Downtown and Marina Expansion Study as well as an Alternate Street Connection Plan. • Ordinance No. 1969, amending OHMC Chapter 19.20, Articles XVIII and XVI, regarding standards for the OS (Open Space) zone district.” • Ordinance No. 1970, amending OHMC Section 20.04.100 - Thresholds for categorical exemptions. • Ordinance No. 1976, amending OHMC Sections 17.05.030 and 17.05.060 relating to “Plan Check Fees and Building Permit Expiration.” Ongoing projects include: • Comprehensive Plan Updates • Implement Housing Action Plan • Stormwater NPDES Phase II Conformance • Shoreline Restoration Plan • Flood Control Ordinance New Projects for the Planning Commission include: Upcoming Text Amendments to Oak Harbor Municipal Code • Housing – review and advance new density requirements per state law • Housing – continue to develop multi-family tax exemption program • Land Use Fee Schedule Update • Temporary Use of R.V.’s on construction sites Upcoming Projects: • 2024-2025 Comprehensive Plan Update • Partner w/County – Interlocal Agreement Update • Active Transportation Plan • Alternate Street Connection Plan Workshop Meeting Minutes March 27, 2024 Page 4 of 10 • Serendipity Lane • Central Development Sub-Area Planning • Vision to Action Plan - Center for Creative Recycling • Downtown Waterfront Planning – Dahlin Group Planning Commission Recommendations to the City Council: Housing: Advocate for short-term solutions to quickly address housing issues. Develop a short-range plan along with the long-range plans for housing, prioritizing affordable housing for service workers. Sustainability: Explore sustainability and options for smaller projects; assist with programs which may provide students with experience in sustainability. Councilmembers Woessner, Stucky, and Marshall provided their respective questions and comments. b. Countywide Planning Policy Principal Planner Cac Kamak explained the Growth Management Act – RCW 36.70A, requires that counties subject to the GMA adopt Countywide Planning Policies (CWPPs or CPPs) and the procedures and methodologies for population projections, buildable land analysis, and other city/county functions that are necessary to plan for growth. requires that these policies be developed with the cooperation of the municipalities within the county (RCW 36. 70A.210(2)). In accordance with CPPs policies, a Count- ywide Planning Group consisting of staff representatives from various jurisdictions was formed to review the current CPP and identify changes that are needed before the next major update in 2025. Island County is the lead on this project. A timeline of items has included: Island County CWPP amendments - 1992, 1998, 1999, 2015, 2017 County Planning Group (CPG) to review the CPP prior to 2025 Major update City Council and Planning Commission Joint Workshop Oct 23, 2023 City Council discussed the HAPT and housing allocation Jan 16, 2024 City Council ratified the OFM medium population on Feb 5, 2024 Island County to hold hearing on CPP in March City Council ratify the CPP in April CPP Amendments: Countywide Planning Group Overall Approach Consistency Practical growth-related modification Promote growth in urban areas and discourage growth in rural areas Learn on the move Scope of Amendments Clerical and Terminology Update Practical growth-related policy modifications Inclusive of natural areas, open space, wetlands, etc. Buildable Land and Housing oriented New Addition - Appendix B – Housing for All Planning Tool (HAPT) Housing allocations assigned to Urban Growth Area vs city limits. Highlights – Island County and the City acknowledged the Medium Population (OFM) of 102,639 and a 20-Year Housing Allocation for Oak Harbor of an additional 5,533 housing units by 2045. The City cur- rently has 10,057 existing units. Principal Planner Kamak demonstrated the Housing Allocation Plan Tool (HAPT) used by the state to Workshop Meeting Minutes March 27, 2024 Page 5 of 10 determine target populations and housing unit distributions for each area. Island County will act on the CPP at its March meeting. The City Council will consider ratifying the CPPs in April. The Planning Com- mission will make a recommendation on the CPP to the City Council on March 26th. Councilmembers Woessner, Hoffmire, and Armes provided their respective questions and comments. c. Active Transportation Plan Update Principal Planner Cac Kamak also provided this update. He explained the Active Transportation Plan (ATP) is a sub-element of the City’s Transportation Plan. The initial draft was released in November 2023 along with the SEPA analysis. The document received comments from Washington State Depart- ment of Transportation (WSDOT), Island County etc. The initial draft facilitated a meeting with WSDOT that resulted in input captured in Appendix E of the revised plan. The revised plan, although not sub- stantially different from the initial draft address comments received during the SEPA and Washington State Department of Commerce notice and comment period. The Plan reviews existing conditions for pedestrians and bicyclist, identifies areas of stress, gaps in infrastructure etc. It also proposes a network to develop over time for Oak Harbor and identifies catalyst projects to pursue. Six of these catalyst projects have conceptual designs along with cost estimates included (Appendix F of the revised plan). The Plan also includes policy and program recommendations. Principal Planner Kamak provided highlights from the Plan, including: Establishes an Active Transportation Network within the City Identifies gaps in sidewalks Suggests 9 catalyst projects with cost estimates Includes 6 conceptual designs for projects Recommendations for policies and programs The Planning Commission held a public hearing of the ATP at their March 26th meeting. A public hearing is also scheduled for a City Council meeting in April. Councilmember Hoffmire and Mayor Pro Tem Hizon provided their respective questions and comments. d. Development Services Annual Report Development Services Director David Kuhl provided the annual report for 2023, which included infor- mation from the permitting program, as well as summaries of ongoing and upcoming projects. Total Building Permits Issued: 412. The majority of these were mechanical, followed by Occupancy, Alteration, New Building, Plumbing, Sign, Tenant Improvement, and Demolition permits, among others. Total Land Use Applications Received: 49. The majority of these in descending order were Pre-Applica- tion Meeting, Site Plan Review, Conditional Use, Garry Oak Trimming, Annexation, and others. Current Development Reviews are in the works for: Land Use Review, Pre-Applications, Building Con- struction, Engineering Review, and Annexation. 2023 Completed Legislative Actions: • Resolution No. 23-02: The 2023 Comprehensive Plan Docket • Ordinance No. 1969: amending OHMC Chapter 19.20, Articles XVIII and XVI, regarding stand- ards for the OS (Open Space) zone district.” • Ordinance No. 1970: amending OHMC Section 20.04.100 - Thresholds for categorical exemp- tions. Workshop Meeting Minutes March 27, 2024 Page 6 of 10  • Ordinance No. 1976: amending OHMC Sections 17.05.030 and 17.05.060 relating to “Plan Check Fees and Building Permit Expiration.” Councilmembers Woessner, Hoffmire, Marshall, and Mayor Pro Tem Hizon provided their respective questions and comments. BREAK – Mayor Wright called for a short recess at 4:29 p.m. and resumed the Workshop at 4:34 p.m. Finance a. Permanent Available Recurring Funding Options Presented by Deputy City Administrator David Goldman with input from Police Chief Slowik. At the Feb- ruary 28, 2024 City Council Workshop, Police Chief Slowik summarized police staffing needs and some temporary funding solutions. Per the City's financial policies and best practices, recurring revenues are required to fund recurring expenditures. This agenda item provided a recap of the temporary funding solutions and offer a few permanent funding solutions for the City Council to consider. The approximate Salary & Benefit cost for 1 Police Officer starting at STEP 1 = $113,000 Recommended staffing request is for 4 Officers, 1 Drug Detective, and a ½ time receptionist. Temporary funding options: • Department of Justice COPS Grant – Will fund a total of $125,000 per position spread out over three years.. This equates to $41,666 per year translates to 37% of entry level officer first year and decreasing percentage of their salary for the next two years. • Johnson & Johnson Opioid Settlement – Will provide about $1,200,000. Would fund one entry level Drug Detective for about 8 years. Permanent funding solution options: • Public Safety Sales Tax Would fund 4 police officers. Voter approval required. Majority (50%) vote required. Filing deadline for August Primary = May. Deadline for November General = August. Two options. City led or County led. City led = Maximum of 0.1% sales tax. Approximately $500,000 per year. County led = Maximum of 0.3% sales tax. Approximately $543,000 per year for each 0.1% sales tax. Formulas vary based on formulas contained in RCW. See 2023 MRSC Revenue Guide for Cities for more details • Business and Occupation Tax (B&O Tax) MRSC – There are four major general revenue sources available for cities: Property Tax – Limited to 1% plus new construction or requires levy lid lift vote. Sales Tax – Growth has leveled off. Utility Tax – Decreased due to lowering of utility rate. B&O Tax – Available. About 50 cities use B&O Tax. • Details of B&O Tax Council approval. Maximum tax rate is 0.002 x gross annual receipts. 0.002 = 1/5 of 1%. Handful of cities have higher grandfathered-in rates. Minimum tax threshold = $20,000 gross annual receipts (exempt from tax). Tax thresholds range from $20,000 to $1,000,000. The 2023 MRSC Revenue Guide for Cities can provide more details. Workshop Meeting Minutes March 27, 2024 Page 7 of 10 Next Steps: • Compared to the attainment of one-time revenues through grants and settlements, permanent recurring revenues sources that can be used to fund on-going personnel, operating, mainte- nance, and debt payment costs have become rarer. • Funding in excess of the amount needed for the 4 officers, 1 drug detective, and ½ time recep- tionist can be used for current and future needs such as: Debt service on borrowed funds to construct potential parks, marina, capital facility projects. On-going anticipated operational and maintenance costs related to upcoming capital projects. Increasing costs of contracted services. Councilmembers Woessner, Hoffmire, Stucky, Marshall, and Armes provide their respective questions and comments. Police Department a. Police Fleet Update Introduce Police Chief Tony Slowik to provide the update. The 2022 and 2023 budget years included funds to replace several police fleet vehicles. On August 3, 2022, the City Council approved the pur- chase of five Ford Hybrid SUV vehicles. Those vehicles were ordered and then canceled by Ford due to distribution issues. Staff reordered the five vehicles when the order bank opened in 2023; however, they were canceled again in January of this year. On July 11, 2023, the Council approved the purchase of two more Ford Hybrid SUV vehicles. Those vehicles were ordered and canceled in January of this year as well. The order bank for the 2025 models has just opened for full gas vehicles, Ford is not accepting the orders as this time for the Police Hybrid SUV and there is no guarantee the vehicles will not be canceled again due to Fords distribution issues. Therefore, staff would like to move forward with purchasing one (1) F-150 Lightning Pickup and two (2) Chevrolet EV Blazers, utilizing approximately $230,000.00 of the $506,000.00 approved by the City Council for seven (7) Ford Hybrid SUV vehicles. Staff believes that this change of direction is in the best interest of the City due to the lack of hybrid engines and will save the City in operational costs, specifically fuel. Mayor Pro Tem Hizon, and Councilmembers Stucky and Hoffmire provided their respective questions and comments. Engineering a. Pervious, Permeable, and Porous Stormwater Solutions City Engineer Warner introduced Engineering Technician Pollack to present the information on pervious, permeable, and porous stormwater solutions that are available for construction in the City. He included the history of stormwater regulations, best management practices, the current City approach, feasibility of mandating permeable surfaces, and staff recommendations. Definitions: Pervious – admitting passage or entrance, accessible. Porous – having many small holes or voids. Permeable – allowing passage across or through. Workshop Meeting Minutes March 27, 2024 Page 8 of 10 In relation to stormwater, the terms are nearly identical in meaning, which is to allow water to pass through. The 2019 edition of the Stormwater Management Manual for Western Washington was adopted by the City Council in 2022 in Ord. 1945 in 12.30.310 OHMC. This action was required by the Dept. of Ecology’s NPDES permit for the Stormwater System that the City maintains. The permit also requires all develop- ment and redevelopment to adhere to certain requirements for managing stormwater. Pervious, Porous, and Permeable Surfaces are all included as Best Management Practice (BMP) T5.15 “Permeable Pavements” in the Manual and are to be considered as part of Minimum Requirement 5 – On Site Stormwater Management. When to use: When a project triggers Minimum Requirement 5, AND: ▪ The BMP is the first feasible option in the List Method for the specific Surface Type; or, ▪ Is feasible under the Low Impact Development Performance Standard method. When not to use: • If it is a roadway project. • If the infeasibility criteria are met. • If there is a significant risk of transporting ground contamination (i.e. Gas Stations, landfills, or other sites under cleanup and restoration plans). • Others Engineering Technician Pollack reviewed varying existing examples of permeable pavements in Oak Harbor, and the current City approach to both public projects and private development. He also reviewed the pros and cons of mandating the use of such pavements and feasibility. Councilmembers Woessner, Hoffmire, and Mayor Pro Tem Hizon provided their respective questions and comments. Administration a. ACTION ITEM: Professional Services Agreement with Periscope Legal for Indigent Defense Interim City Administrator Sabrina Combs provided background and presented the Agreement along with input from City Attorney Evans. She explained the City's former contracted provider of indigent defense services, Island Defense, has informed the City that they will no longer be providing these services for the City and will be working solely with Island County. Island Defense transferred City cases already assigned to them to Attorney Andrew Perkins of Periscope Legal, who was formerly associated with Island Defense. Staff is recommending a six-month Professional Services Agreement with Periscope Legal, during which time the City will complete a Request for Proposals (RFP) process. Staff also requests authorization for payment of services rendered by Andrew Perkins of Periscope Legal prior to the start of this Agreement on April 1, 2024. Mayor Wright confirmed no comments were received from the public. No one in attendance provided comments. Councilmembers Woessner and Hoffmire provided their respective questions and comments. Workshop Meeting Minutes March 27, 2024 Page 9 of 10 Motion: Councilmember Wiegenstein moved to authorize the Mayor to sign the Professional Services Agreement with Andrew Perkins of Periscope Legal and authorize payment for services rendered in February and March of 2024. Councilmember Hoffmire seconded the motion which passed unani- mously. b. Monthly Departments’ Report Interim City Administrator Sabrina Combs noted the staff’s combined monthly report was included for Council information and she would be happy to respond to any questions. There were no questions or comments on the report from the Council. City Council Comments Mayor Pro Tem Hizon thanked staff for website updates. Councilmember Wiegenstein noted the depart- ment reports were clearer and more organized. Interim City Administrator Combs thanked Executive Assistant Macalle Finkle and all departments for their work on the report. ADJOURN There being no further business, Mayor Wright adjourned the workshop at 5:59 p.m. Certified by Julie Nester, City Clerk Workshop Meeting Minutes March 27, 2024 Page 10 of 10