City Council

Oak Harbor City Council Regular Meeting Minutes April 2, 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 Call To Order and Native Lands Acknowledgement - Mayor Wright called the meeting to order at 6:00 p.m. He included the acknowledgement that the meeting was being held on the ancestral lands of the Coast Salish people and paid respect to those past and present. Invocation – Pastor Kevin Scott, Seventh Day Adventist Church Pledge of Allegiance – Led by Mayor Wright 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 Director David Goldman Councilmember Jim Woessner - absent Parks and Recreation Director Brian Smith Councilmember Bryan Stucky Development Services Director David Kuhl Councilmember Shane Hoffmire Human Resources Director Emma House Councilmember Eric Marshall Police Chief Tony Slowik Councilmember Christopher Wiegenstein Interim Fire Chief Gordon Olson Councilmember Barbara Armes Project Manager Brett Arvidson Grants Administrator Wendy Horn Economic Development Coordinator Steve McCaslin Police Senior Administrative Assistant Meg Massey Executive Assistant Macalle Finkle City Clerk Julie Nester Also in attendance: City Attorney Hillary Evans of Kenyon Disend, PLLC EXCUSE ABSENT COUNCILMEMBERS Mayor Wright welcomed all in attendance. He noted Councilmember Woessner had asked to be excused and called for a motion. Motion: Mayor Pro Tem Hizon moved to excuse Councilmember Woessner, seconded by Councilmem- ber Hoffmire. The vote on the motion carried unanimously. 1. APPROVAL OF AGENDA Mayor Wright requested any changes to the agenda. Hearing none, the agenda was approved as pre- sented. Regular Meeting Minutes April 2, 2024 Page 1 of 9 2. PRESENTATIONS a. Proclamations – None. b. Honors & Recognitions – None c. Community Presentations – Oak Harbor Creative Arts Foundation Creative Arts Foundation President Cynthia Mason introduced Board Members Larry Mason, vice pres- ident; Lisa Sanchez, Ronnie Wright, treasurer; and Ann Edwards, Tiffany Scribner, and Therese Kings- bury, and. provided a presentation promoting a performing arts center, conference space, and makers space in Oak Harbor. Ms. Mason responded to questions and comments from the Council. Councilmembers Stucky and Hoffmire provided their respective questions and comments. 3. CITIZEN COMMENT PERIOD Mayor Wright noted citizens may comment on Consent Agenda items or subjects of interest not listed on the agenda at this time and that citizens would have the opportunity to comment on the remaining Agenda items during the meeting as appropriate. Citizens can also visit the City’s website prior to meetings for methods to submit public comment, or contact the City Clerk, Julie Nester by phone or email. When submitting comments, please include your name and address. Public comments sent anonymously will be shared with the Mayor and Council but will not be displayed. The City received three new public comments since the last regular meeting. The first from Rebecca White of Oak Harbor in support of a recreation center but expressing support for the skate park and hoping it would not be impacted. The second and third comments received were from Kristen Stavros of Coupeville and Bill Weinsheimer of Oak Harbor in support of a performing arts and events center. All three comments were displayed on screen. Public Comments for items not on the regular agenda or items on the consent agenda were provided by: 1. Jeff Humphrey of Oak Harbor, regarding restrictions in the Oak Harbor Municipal Code on food trucks and trailers within the City limits. 2. Kim Ford of Oak Harbor, thanking City staff and particularly the Parks and Recreation Department Director Brian Smith for taking quick action regarding the condition of the Volunteer Park Softball Fields, and showing her daughters, both of whom addressed the Council at the March 19th meeting, civic action in process. 3. Nolan Saltonstall of Oak Harbor, regarding the Mr. Oak Harbor Royalty Court’s activities in support of a Community Recreation Center. He noted good progress had been made and $200,000 had been received by the City towards a feasibility study, He also voiced support of a Performing Arts Center The Mr. Oak Harbor Royalty is planning a “take-over” fundraiser at Mod Pizza on April 11th. Mayor Wright opened the floor for public comment on items not on the agenda or items on the consent agenda. Hearing no one else with a desire to address the Council, the public comment period was closed. 4. CONSENT AGENDA Consent Items Regular Meeting Minutes April 2, 2024 Page 2 of 9  a. Approval of Minutes: City Council Meeting of March 19, 2024, and City Council Workshop of March 27, 2024 b. Approval of Payroll and Accounts Payable Vouchers c. International Association of Firefighters (IAFF) Collective Bargaining Agreement (CBA) for the Oak Harbor Fire Department d. Purchase Authorization – Police Fleet Vehicles e. Resolution 24-14: Supporting the North Whidbey Pool, Park, and Recreation District request to place the formation of a Metropolitan Park District on an Island County Special Election Ballot f. Appointment: Arts Commission, Position 4 – Valerie Steely g. Appointment: Community Police Advisory Board, Position 1 – Melinda Buchanan h. Appointment: Community Police Advisory Board, Position 2 – River Powers i. Appointment: Community Police Advisory Board, Position 3 – Rachel Paul j. Appointment: Community Police Advisory Board, Position 4 – Brian Hunt k. Appointment: Marina Advisory Commission, Position 4 – Joshua Ray l. Appointment: Marina Advisory Commission, Position 6 – Evan Kestenbaum m. Appointment: Marina Advisory Commission, Position 7 – Louie Foster n. Appointment: Parks and Recreation Advisory Commission, Position 6 – Stefanya Huerta o. Appointment: Parks and Recreation Advisory Commission, Position 7 – Vicki Briggs p. Appointment: Planning Commission, Position 2 – Kevin Wilson q. Appointment: Marina Advisory Commission, Position 7 – Eddie Fry Mayor Wright called for any changes to the consent agenda. Councilmember Hoffmire noted he would recuse himself from voting on consent item 4.e. Motion: Mayor Pro Tem Hizon moved to pull item 4 e. Resolution 24-14: Supporting the North Whidbey Pool, Park, and Recreation District request to place the formation of a Metropolitan Park District on an Island County Special Election Ballot. The motion was seconded by Councilmember Wiegenstein. The motion passed 5-0 with Councilmember Hoffmire recused. Mayor Wright noted all other consent agenda items were approved as presented. Motion: Mayor Pro Tem Hizon moved to approve consent agenda item 4. e., seconded by Councilmem- ber Marshall. The vote on the motion passed 4-1 with Mayor Pro Tem Hizon and Councilmembers Armes, Wiegenstein and Marshall in favor, Councilmember Stucky against, and Councilmember Hoff- mire recused. 5. MAYOR, COUNCIL & STAFF COMMENTS a. Mayor’s Comments Mayor Wright provided the following comments: • NE 7th Avenue Reconstruction: The City held a bid opening for the NE 7th Avenue Project earlier today. Staff will update us on the results of the bid opening once they have determined the lowest re- sponsive and responsible bidder. • Happy Spring from the Oak Harbor Garry Oak Society: Volunteers weeded and mulched the upper landscape beds in Smith Park this past Wednesday and shared photos with us. • Boards & Commissions: The City has a number of volunteer positions to fill on our Historic Preserva- tion, Civil Service, and Salary Commissions, LTAC, and Community and Police Advisory Board. See our website to apply. Regular Meeting Minutes April 2, 2024 Page 3 of 9 • Now Hiring: The City has openings for employment in several areas. See our website for a complete listing and how to apply. • Special Meetings – In addition to our regular Council meeting on April 16th and our Council workshop on April 24th, the City Council will be holding two special Council meetings in April. The first will be on April 10th at 2:00 p.m. here 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. 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. • Mayor’s First 100 Days in Office Report: Mayor Wright noted his 100th day in office was fast ap- proaching and that he is mindful every day of how the positive changes being made make for a better workplace and improved City operations and communication. To that end, he was pleased to announce that the City is welcoming Magi Aguilar to the Administration Team as Communications Officer. Magi is familiar to our community, having served the past two years as the Executive Director of the Greater Oak Harbor Chamber of Commerce. She will be joining us in May. Mayor Wright noted that last month, he promoted Executive Services Administrator Sabrina Combs to Interim City Administrator in light of her extensive knowledge of the City, our community, and her broad government and public sector experience. Mayor Wright stated it was his distinct honor to seek Coun- cil’s support of the first female person of color in the City Administrator role for the City of Oak Harbor. b. Councilmembers Councilmember Hoffmire thanked all who have volunteered to fill the open positions on the City’s Boards and Commissions, and complimented Mayor Wright on the hiring of Magi Aguilar as Communications Officer. Councilmember Stucky asked for information regarding food trucks, noting the public comment raised about their permitting. Principal Planner Kamak noted it was among the items Development Services Director Kuhl has on the Department’s list of items they are working on and will provide an update at a future Council meeting. 6. PUBLIC HEARINGS & MEETINGS a. Ordinance 1995: Budget Amendment #6 to the 2023-2024 Biennial Budget Deputy City Administrator and Finance Director David Goldman presented the budget amendment. He explained the budget amendment was to account for previous approved bargaining agreements and a change in the non-represented healthcare and dental spouse/family share to conform with the bar- gaining agreements. • City Council approved the Teamsters Collective bargaining agreement on January 16, 2024. • City Council approved the Oak Harbor Police Association (OHPA) Commissioned and Non-Com- missioned bargaining agreements on February 5, 2024. • City Council approved the International Association of Firefighters (IAFF) bargaining agreement on April 2, 2024. Regular Meeting Minutes April 2, 2024 Page 4 of 9  • Proposal to adjust the Employer/Employee Medical & Dental Family and Spouse cost share from the current 80%/20% to 90%/10% to match what has been included in the previously approved bargaining agreements. Deputy City Administrator Goldman explained budget amendments increase the overall amount of a fund while Budget Adjustments transfer budget appropriations between accounts within the same fund. Budget Amendments require City Council approval. Budget Adjustments do not require City Council approval but are included in this agenda bill for information and discussion purposes. 2024 Adjustments and Amendments $135,300 use of fund balance to adjust the following funds for the Teamsters Collective Bargaining Agreement: • Fund 001 (General Fund) - $15,200 • Fund 101 (Streets Fund) - $8,700 • Fund 401 (Water Fund) - $8,700 • Fund 402 (Sewer Fund) - $15,300 • Fund 403 (Solid Waste Fund) - $54,500 • Fund 404 (Storm Drain Fund) - $13,100 • Fund 410 (Marina Fund) – $6,600 • Fund 501 (Vehicle Repair Fund) - $4,400 • Fund 510 (Shop Facility Fund) - $8,800 $263,000 use of fund balance to adjust the General Fund (Fund 001) for the Oak Harbor Police Association (OHPA) Commissioned and Non-Commissioned bargaining agreements. $90,200 use of fund balance to adjust the General Fund (Fund 001) for the International Association of Firefighters (IAFF) bargaining agreement. $24,600 of Fire Levy Lift Property Tax proceeds to amend the General Fund (Fund 001) for the International Association of Firefighters (IAFF) bargain- ing agreement. $48,400 use of fund balance to adjust the following funds to adjust the Employer/Employee Medical & Dental Family and Spouse cost share from the current 80%/20% to 90%/10% to match what has been included in the previously approved bargaining agreements: • Fund 001 (General Fund) - $28,100 • Fund 129 (Senior Center Fund) - $1,800 • Fund 401 (Water Fund) - $900 • Fund 402 (Sewer Fund) - $1,800 • Fund 404 (Storm Drain Fund) - $1,100 • Fund 410 (Marina Fund) – $4,600 • Fund 510 (Shop Facility Fund) - $10,100 Mayor Wright opened the Public Hearing. He confirmed no public comments had been received and requested any public comments from those gathered. Hearing none, the Public Hearing was closed, Councilmembers Hoffmire, Stucky, Marshall, Wiegenstein and Mayor Pro Tem Hizon provided their re- spective questions and comments. At 6:46 p.m. Mayor Pro Tem Hizon requested a short break to review information in the meeting packet. Mayor Wright resumed the meeting at 6:53 p.m. and the Council continued their discussions. Motion: Councilmember Wiegenstein moved to adopt Ordinance No. 1995 Budget Amendment #6 amending the 2023-24 Biennial Budget, adopting an up-dated wage and salary schedule and plan of Regular Meeting Minutes April 2, 2024 Page 5 of 9 classification, and adjusting non-represented full-time employee dependent or family plan health and dental insurance cost shares. Councilmember Marshall seconded the motion, which passed unani- mously. b. Resolution 24-08: Authorizing the Surplus and Sale of Real Property – NE Goldie Street, Oak Harbor, Washington, which constitutes 3.39 acres and bears Assessor’s Parcel Number R13326-009-2990 Economic Development Coordinator Steve McCaslin presented the resolution He explained the City purchased the property, identified as Parcel Number R13326-009-2990, in 1938 for public works' pur- poses. The City previously declared the Property to be surplus per Resolution 09- 01 but never com- pleted sale of the Property. The Public Works Department evaluation shows that there is no need for the Property for public works' purposes, and City staff has determined that the City has no other need for use of the Property. This was previously presented to Council in the January 2024 Workshop. Proposed Resolution 24-08 declares the property surplus. Per OHMC Section 1.30.010, the City com- pleted a ten-day public notice. Mayor Wright opened the public hearing and confirmed no public comments had been received. HE called for any public comments from those gathered. Hearing no comments, Mayor Wright closed the public hearing and called upon the Council for their questions and comments. Councilmember Marshall provided his respective questions and comments. Motion: Councilmember Stucky moved to approve Resolution 24-08, declaring the Goldie Road Prop- erty surplus, and authorize the Mayor to proceed with sale of the property through a sealed-bid process. Councilmember Wiegenstein seconded the motion, which passed unanimously. 7. ORDINANCES & RESOLUTIONS a. Resolution 24-10: Washington State Recreation & Conservation Office grant applications Grant Administrator Wendy Horn presented the resolution. She explained the Washington State Recre- ation Conservation Office (RCO) has 25 different grant programs that it administers. The programs range from salmon recovery, conservation and boating to parks, trails and a wide range of outdoor recreation activities. The application window is open for a number of these programs with the deadline for all of them being May 1, 2024. The Parks and Recreation Department is interested in applying for four pro- grams this cycle. The Community Outdoor Athletic Facilities grant program is new this year. The goal of this program is to improve meaningful access to athletic facilities for underserved communities statewide. There are two rounds of funding. The first will award $12 million in October 2024. The second will award another $12 million in July 2025. There is no local match requirement. Parks and Recreation is proposing to apply for $800,000 to build new pickleball courts in Oak Harbor. The Youth Athletic Fields grant program funds projects to buy land, develop or renovate outdoor athletic facilities. The program will announce a preliminary ranked list for the $11.2 million in funding in late October 2024. There is a 40% match requirement. Parks and Recreation is proposing to apply for $800,000 for new pickleball courts in Oak Harbor. The department has identified several sources for the Regular Meeting Minutes April 2, 2024 Page 6 of 9 match including the Community Outdoor Athletic Facilities grant, if awarded, REET, Park Impact Fees or General Fund. The Land and Water Conservation Fund provides funding to preserve and develop outdoor recreation resources. The program will announce its preliminary ranked list for the $14 million in funding in late October 2024. There is a 50% match requirement with 10% required to be local funds. Parks and Rec- reation is proposing to apply for $900,000 to build an inclusive regional playground in Oak Harbor. The department has identified several sources for the match including fundraising, REET, Park Impact Fees and/or General Fund. The Washington Wildlife and Recreation Program - Recreation Projects provides funding for a broad range of land protection and outdoor recreation activities. The program will announce its preliminary ranked list for the $45 million in funding in late October 2024. There is a 40% match requirement. Parks and Recreation is proposing to apply for $300,000 to improve the baseball fields at Windjammer Park. The matching funds would come from the Windjammer Fund. Grant awards will be announced in October 2024. If the City makes the preliminary list for any of the grants, the Parks and Recreation Department will include the amount(s) in the 2025-2026 biennial budget that will be developed in fall 2024. Mayor Wright confirmed no public comments have been received. and requested any public comments from those gathered. Hearing none, he turned to the Council for their comments. Councilmembers Hoffmire, Stucky, and Marshall provided their respective questions and comments. Motion: Councilmember Stucky moved to approve Resolution 24-10, authorizing the Mayor to sign a Recreation Conservation Office (RCO) Applicant Authorization Resolution for the COAF, YAF, LWCF and WWRP- Recreation grant programs. Councilmember Marshall seconded the motion, which passed unanimously. 8. CONTRACTS & AGREEMENTS a. Bid Award – Ault Field Water Pump Station – Electrical System Replacement Project Manager Brett Arvidson presented the item. He explained the City of Oak Harbor intends to rebuild the electrical system at the Ault Field Pump Station. This pump station is the main supply pump for the City’s water system and is a key critical failure point for the City’s water supply. The electrical system was originally constructed in the 1970’s and the ancient system needs replacement. On March 19th bids were opened for the project. The bid results are as follows: 1. Preferred Industrial Electric, Inc $407,306.55 2. Blue Mountain Electric, Inc $436,000.00 Engineers Estimate $450,000.00 Staff recommends awarding the contract to the low bidder Preferred Industrial Electric. A portion of the work included in this contract is allocated to a capital project in the 2023-2024 Budget, the Ault Field Variable Frequency Drives (VFD) Replacements, with $100,000 allocated from the water fund.. After review of the system last year, and multiple discussions with the City Council, the project has completely changed in scope, and most of the electrical system, as well as the VFD’s, are recom- mended to be replaced. Regular Meeting Minutes April 2, 2024 Page 7 of 9 Per the City of Oak Harbor’s Purchasing Policy Manual, the change order allowance is to be 20% of the construction cost or $100,000.00, whichever is less. In accordance with the manual, Staff requests City Council authorize a total change order allowance of $81,461.00. Fund 431, Water Capital - $407,306.55. There are sufficient funds within the water fund balance. A future budget amendment will be presented upgrading the budget impacts. Background information: August 15, 2023 – The City Council authorized the Mayor to sign the Profes- sional Service Amendment No. 2 with Gray and Osborne, Inc. in the amount of $161,930.00, increasing the total consultant contract amount from $333,260.00 to $495,190.00 which included the design ser- vices for the Ault Field Project. Mayor Wright confirmed no comments had been received and called for any comments from those in attendance. Hearing none, he requested Council comments. Councilmembers Stucky, Hoffmire, Wiegenstein and Mayor Pro Tem Hizon provided their respective questions and comments. Motion: Councilmember Hoffmire moved to authorize the Mayor to sign the contract for Ault Field water pump station electrical rehabilitation project the low bidder Preferred Industrial Electrical, Inc in the amount of $407,306.55 and authorize the Public Works Director to sign change orders up to $81,461.00 in Councilmember Marshall seconded the motion, which carried unanimously. b. Professional Services Agreement with Kimley- Horn and Associates, Inc for Climate Change and Comprehensive Plan Update Services Principal Planner Cac Kamak reviewed the Agreement. The City applied for and received two separate grants from the Department of Commerce to update the City Comprehensive Plan and plan for Climate Change. The grant amounts to $125,000 for the Comprehensive Plan and $150,000 for the Climate Change Element for a total of $275,000. The City did a Request for Qualifications for these updates and received 10 interested consultant teams. A committee was formed that included City Council and Planning Commission members to review, eval- uate, and select a consultant team. Six firms were interviewed and eventually Kimley-Horn was selected as the top candidate to head the Comprehensive Plan and Climate Element update. The scope of ser- vices and proposed budget was attached to the Professional Services Agreement (PSA). Mayor Wright confirmed no public comments had been received in advance of the meeting. He re- quested any additional public comments from those gathered. Councilmember Stucky provided his respective questions and comments. Motion: Councilmember Marshall moved to authorize the Mayor to sign the contract to hire Kimley- Horn, LLC as the firm to update the City’s Comprehensive Plan and incorporate Climate Change into the Plan. Councilmember Stucky seconded the motion, which passed unanimously. 9. OTHER ITEMS FOR CONSIDERATION a. Opioids Settlement Update Police Chief Tony Slowik provided a summary of distribution of funds coming to the City. Staff will bring action items to the Council at the April 16th meeting to approve distribution of Opioid Settlement Funds to purchase Naloxone for city fleet first aid kits and to police officers He noted that on February 29, 2024, Regular Meeting Minutes April 2, 2024 Page 8 of 9 Island County Health Department provide Opioid Safety and Naloxone Training to city staff from Public Works, Parks, and Marina staff. The training covered proper use of personal protective equipment and safety around suspected opioid material and the application of Naloxone as a first aid tool to counter opioid exposure or overdoses. City Staff identified the need to outfit city fleet first aid kits with Naloxone. Chief Slowik reported there is no inventory of Naloxone owned by the City and Naloxone cannot be provided by Island County services. Chief Slowik also reported on the Johnson & Johnson settlement agreement, which is a part of the One Washington MOU of which the City is a part. The participation form for this settlement is due to be submitted by May 11, 2024. Staff will bring this item to the April 16th meeting for Council approval. Councilmembers Hoffmire and Stucky provided their respective questions and comments. b. Law Enforcement Mental Health and Wellness Grants Police Chief Slowik also presented information about newly available grant applications from the De- partment of Justice and regional training and support for officer psychological health and well-being, and resources for mental health providers for issues common to law enforcement officers and agencies. Staff will bring a request to approve grant applications to the Council at the April 16th meeting. The Police Department proposes to use any grant funds awarded under these programs to provide coaching and mentoring, in-person training, wellness options, peer support training, and coaching and mentoring certification. Councilmember Marshall provided his respective questions and comments. 10. REPORTS & DISCUSSION ITEMS None 11. EXECUTIVE SESSION None. Adjourn Motion: There being no further business, Mayor Wright called for a motion to adjourn. Councilmember Marshall moved to adjourn, seconded by Councilmember Wiegenstein. The motion was approved by a unanimous vote, therefore the meeting adjourned at 7:41 p.m. Certified by Julie Nester, City Clerk Regular Meeting Minutes April 2, 2024 Page 9 of 9