Parks and Recreation Advisory Commission

PARKS AND RECREATION ADVISORY COMMISSION MEETING AGENDA City Hall – Council Chambers 865 SE Barrington Drive, Oak Harbor, WA 98277 Monday, June 3, 2024 4:00 PM 1. CALL TO ORDER/ROLL CALL Position and Board Member Position 1 – Carrie Stucky, Chair Position 2 – Shane Cardon Position 3 – Kate Rose Position 4 – Eric Dipzinski, Vice Chair Position 5 – Tom Jones Position 6 – Stefanya Huerta Position 7 – Vicki Biggs Student Representative – Nolan Saltonstall Ex Officio Councilmember Eric Marshall 2. APPROVAL OF THE AGENDA 3. APPROVAL OF MINUTES a. Regular Meeting of May 6, 2024 4. PUBLIC COMMENT During this time, citizens may comment on subjects of interest not on the agenda or agenda items. To ensure comments are recorded properly, state your name clearly. Individual comments will be limited to three (3) minutes to ensure maximum participation during the 15- minute timeframe allotted for this item. Public Comment may also be submitted online at https://www.oakharbor.gov/publiccomment at least two (2) business days in advance of an advisory board meeting. 5. DISCUSSION/ACTION/PRESENTATION/REPORT ITEMS a. Mayor’s Vision b. Urban Forestry Management Plan - Request for Proposals (RFP) Draft c. Parks & Recreation Department Budget Update d. Update on City Council Action – Requirements for Sale or Other Disposition of City Real Property e. Subcommittee Updates f. Parks and Recreation Director Updates Page 1 of 2 6. MEMBER COMMENTS 7. DETERMINATION OF FUTURE AGENDA ITEMS 8. ADJOURNMENT Meetings will be recorded and published to www.youtube.com/c/CityofOakHarbor. The City of Oak Harbor is committed to providing meeting access to the widest possible audience, regardless of technology or ability. If accommodations are required, please call (360) 279-4500 at least two business days prior to the meeting. Page 2 of 2 From: noreply@civicplus.com To: Julie Nester; Macalle Finkle; Sabrina Combs; Brian Smith Subject: Online Form Submission #41196 for Public Comment Form Date: Tuesday, May 14, 2024 3:28:39 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Public Comment Form Full Name Lyndsi Applegarth Email Are you a resident of Yes the City of Oak Harbor? Street Address Agenda Item Fix the Field at Koetje Park Public Comment Hello, I am an islander. Born and raised and played tball on the fields at Koetje Park as a child with my cousins and siblings. They were well maintained when I was a child. Unfortunately, the fields at Koetje Park are in disrepair. It’s unfortunate that kids are prone to sprained ankles from running around on these fields that have not been maintained in years. My daughter played last year, I mentioned to city workers that something needs to be done. There was nothing done. Many parents, coaches and community members wish that these fields could be repaired and maintained for the future generations of children for years to come. North Whidbey Little League is an important part of youth development here in Oak Harbor and it starts with TBall. Please consider these repairs. Thank you. Please share this City Council (CC), Parks & Recreation Advisory Commission comment with: (PRAC) Email not displaying correctly? View it in your browser. From: noreply@civicplus.com To: Julie Nester; Macalle Finkle; Sabrina Combs; Brian Smith Subject: Online Form Submission #41722 for Public Comment Form Date: Sunday, May 19, 2024 12:49:50 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Public Comment Form Full Name Rebecca White Email Are you a resident of Yes the City of Oak Harbor? Street Address Agenda Item Sale of real property Public Comment I wanted to express support for the sale of real property of the city continue to require citizen approval. Green space is critical to our health. We need to recognize the connections between the rapid unsustainable urban development, disconnection from community, and patterns of substance use & mental health disorders. Please share this City Council (CC), Parks & Recreation Advisory Commission comment with: (PRAC) Email not displaying correctly? View it in your browser. From: noreply@civicplus.com To: Julie Nester; Macalle Finkle; Sabrina Combs; dkuhl@oakharborg.org; Brian Smith; David Kuhl Subject: Online Form Submission #41845 for Public Comment Form Date: Monday, May 20, 2024 1:11:18 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Public Comment Form Full Name Dan Vorhis Email Are you a resident of No the City of Oak Harbor? Street Address Agenda Item removing the requirement for a public election before the city can sell or dispose of parkland in Oak Harbor Public Comment I am a resident of Whidbey Island. I shop at Oak Harbor retail stores and grocery stores, use the laundromat, go to the movies, bowl, hike, picnic, fish, and work in Oak Harbor. Have been doing that for many years, and would like to continue doing that. I would like to lend my voice to those who understand the value of public spaces and parks. I have lived in cities where the city managers did not adequately prepare for the future in this regard. These cities were not pleasant places to live unless you happened to be one of the few who owned a beach or field or forest that still existed after developers squeezed what they could out of the city. Think of the places you most like to be. For me, those places usually include a lot of natural, open space. Blending the two competing interests - development and the natural world - takes a fine touch, vision, and commitment. Oak Harbor is a young city. Now is the time when leaders with that vision have to step up. Parks are for everybody - young, old, rich, and poor. Treasure them! Please share this City Council (CC), Historic Preservation Commission (HPC), comment with: Parks & Recreation Advisory Commission (PRAC), Planning Commission (PC) Email not displaying correctly? View it in your browser. From: noreply@civicplus.com To: Julie Nester; Macalle Finkle; Sabrina Combs; Brian Smith; David Kuhl Subject: Online Form Submission #41854 for Public Comment Form Date: Monday, May 20, 2024 1:50:41 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Public Comment Form Full Name David Felice Email Are you a resident of No the City of Oak Harbor? Street Address Agenda Item Park Land Administration Public Comment Parks are for people not profit. Please think carefully and reject a proposal to dispose of public park land without a vote of the people. The parks are PUBLIC lands, belong to the PUBLIC, and should be subject to PUBLIC decision-making. Please share this City Council (CC), Parks & Recreation Advisory Commission comment with: (PRAC), Planning Commission (PC) Email not displaying correctly? View it in your browser. From: noreply@civicplus.com To: Julie Nester; Macalle Finkle; Sabrina Combs; cwebster@aokharbor.org; Brian Smith Subject: Online Form Submission #41900 for Public Comment Form Date: Monday, May 20, 2024 5:55:16 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Public Comment Form Full Name Ann Casey Email Are you a resident of No the City of Oak Harbor? Street Address Agenda Item Revising OH Municipal Code 1.30.010 Disposal or sale of public parks Public Comment Dear City Council Members, I have been a resident of Whidbey Island for almost 20 years. The beauty that surrounds the island, the grand vistas that can be enjoyed all around the island. the remarkable access to the public lands and beaches and forests and the rich community that we all share are just some of the reasons Whidbey is such a special place. I am writing in the hopes that the Oak Harbor City Council will continue to support the need and recognized the importance of public parks that serve our community. I strongly support this by asking the City Council vote to uphold OH Municipal Code 1.30.010 and continue to require a public election be held ,without exceptions, prior to the disposal or sale of any public parks. After all the word "Public" in public parks is the key word, and the public deserves a prominent role in this decision making process. Please do not change this important code. Thank you for your time, Ann Casey Please share this City Council (CC), Lodging Tax Advisory Committee (LTAC), comment with: Parks & Recreation Advisory Commission (PRAC) From: noreply@civicplus.com To: Julie Nester; Macalle Finkle; Sabrina Combs; dkuhl@oakharborg.org; Brian Smith; David Kuhl Subject: Online Form Submission #41938 for Public Comment Form Date: Tuesday, May 21, 2024 12:22:35 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Public Comment Form Full Name Tim Kangas Email Are you a resident of No the City of Oak Harbor? Street Address Agenda Item 6d. Public Comment Change is hard for people. Parks are very important to people. Agenda item 6d. appears to contemplate removing citizen involvement in the existing process for disposing of city owned property including parks by deleting the need for citizen input on whether an idea for change will accomplish a necessary PUBLIC purpose. Sounds like a very bad idea to remove the PUBLIC from participating in decisions that will make a tremendous impact on the public's quality of life so prized on Whidbey Island. This issue is very important to not only Oak Harbor residents but all Island County folks, including many of us in Freeland who support the Oak Harbor economy in numerous ways. Please consider this public comment as a strong recommendation to leave current process in place to ensure the Public is involved in the very personal issue of defining what is and what is not "a necessary PUBLIC purpose". Thanks for your consideration. Tim Kangas Freeland, WA Please share this City Council (CC), Historic Preservation Commission (HPC), comment with: Parks & Recreation Advisory Commission (PRAC), Planning Commission (PC) From: noreply@civicplus.com To: Julie Nester; Macalle Finkle; Sabrina Combs; Brian Smith; David Kuhl Subject: Online Form Submission #41939 for Public Comment Form Date: Tuesday, May 21, 2024 12:52:42 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Public Comment Form Full Name Marnie Jackson Email Are you a resident of No the City of Oak Harbor? Street Address Agenda Item Public Hearing on the Sale and Disposition of Parkland in Oak Harbor Public Comment Oak Harbor is at a pivotal moment in its trajectory—projected to grow in population, working to address housing, health, and safety needs, and moving toward greater health and equity for all community members. Public parks are a critical contributor of public wellbeing and Oak Harbor's community members deserve more parks, not fewer. Taking choice away from the people about whether and when to sell public parks is antithetical to the city's vision, which speaks to encouraging everyone to thrive. Enhancing quality of life for Oak Harbor's residents, as promised in the city's mission statement, requires protecting and expanding access to outdoor recreation, natural beauty, and all of the health and quality of life benefits that parks provide. Please share this City Council (CC), Parks & Recreation Advisory Commission comment with: (PRAC), Planning Commission (PC) Email not displaying correctly? View it in your browser. From: noreply@civicplus.com To: Julie Nester; Macalle Finkle; Sabrina Combs; dkuhl@oakharborg.org; Brian Smith; David Kuhl Subject: Online Form Submission #41942 for Public Comment Form Date: Tuesday, May 21, 2024 1:05:33 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Public Comment Form Full Name Perry Yaw Email Are you a resident of Yes the City of Oak Harbor? Street Address Agenda Item Ordnance 1999 - Requirement for the sale or other disposition of city real property Public Comment After reading the agenda item and analysis provided - I do not support the elimination of the rule as it stands today. I believe the ordnance as written in 1997 should remain in place. Disposal of OH park property without public comment falls far short of the transparency required by government when dealing with public (Tax payer funded) spaces. Please keep in place the requirement for public approval before any disposition of any city park property. Please share this City Council (CC), Historic Preservation Commission (HPC), comment with: Parks & Recreation Advisory Commission (PRAC), Planning Commission (PC) Email not displaying correctly? View it in your browser. From: noreply@civicplus.com To: Julie Nester; Macalle Finkle; Sabrina Combs; dkuhl@oakharborg.org; Brian Smith; David Kuhl Subject: Online Form Submission #41944 for Public Comment Form Date: Tuesday, May 21, 2024 1:13:05 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Public Comment Form Full Name Kristen Swenson Email Are you a resident of Yes the City of Oak Harbor? Street Address Agenda Item Ordnance 1999 - Requirement for notification of sale or disposition of City Real property Public Comment I am opposed to Ordinance 1999. If the public pays taxes that go towards maintaining, improving, beautifying, and policing public parks then it seems that the public should also be entitled to transparency on the disposition of said parks. Any other decision makes it seem like we will be taxed to improve the parks and those improvements can be sold out from under us without any say. Please share this City Council (CC), Historic Preservation Commission (HPC), comment with: Parks & Recreation Advisory Commission (PRAC), Planning Commission (PC) Email not displaying correctly? View it in your browser. From: noreply@civicplus.com To: Julie Nester; Macalle Finkle; Sabrina Combs; dkuhl@oakharborg.org; Brian Smith Subject: Online Form Submission #41966 for Public Comment Form Date: Wednesday, May 22, 2024 3:22:44 AM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Public Comment Form Full Name Sasha Polonko Email Are you a resident of Yes the City of Oak Harbor? Street Address Agenda Item Oak Harbor Municipal Code Section 1.30.010 Public Comment I heard that the Oak Harbor City Council is considering removing the requirement for a public election before the city can sell or dispose of parkland in Oak Harbor Municipal Code Section 1.30.010, which will put Oak Harbor's public parks in great jeopardy. This is absolutely unacceptable and I reject and condemn this movement from the city council. I believe it’s deplorable to remove the ability for locals to not be allowed to vote on the parks that they utilize. I personally run the very little amount of trails left in a Oak Harbor often with my run club. We are a group of people that will be loud if we are not allowed to vote on decisions regarding our parks. We utilize our Parks and Recreation Oak Harbor constantly, and this would limit our ability to do so. Please reconsider your desire to remove this and vote. Please share this City Council (CC), Historic Preservation Commission (HPC), comment with: Parks & Recreation Advisory Commission (PRAC) Email not displaying correctly? View it in your browser. From: noreply@civicplus.com To: Julie Nester; Macalle Finkle; Sabrina Combs; Brian Smith; David Kuhl Subject: Online Form Submission #41970 for Public Comment Form Date: Wednesday, May 22, 2024 9:51:54 AM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Public Comment Form Full Name Kathryn A Shapiro Email Are you a resident of No the City of Oak Harbor? Street Address Agenda Item Public Hearing on the Sale and Disposition of Parkland in Oak Harbor Public Comment Please maintain the public's right to weigh in on whether or not (and when) to sell public parks. Oak Harbor Residents (and all of Whidbey Island) benefits greatly from shared green spaces, and the opportunity to have a voice in whether or not those spaces can continue to be enjoyed is paramount. Thank you for your consideration. Please share this City Council (CC), Parks & Recreation Advisory Commission comment with: (PRAC), Planning Commission (PC) Email not displaying correctly? View it in your browser. area as the lost park needs to be obtained and be fully functional before use of the existing park is lost. The no net loss and replacement policies and implementing regulations need to be formally adopted during the update of the City's Comprehensive Plan and development regulations. This will turn this now contentious issue into a positive outcome that will continue into the future. 2  Bill No. 6.d. Date: May 21, 2024 Subject: Ordinance No. 1999: Update to City of Oak Harbor Oak Harbor Municipal Code City Council Agenda Bill Section 1.30.010 Requirements for sale or other disposition of city real property FROM: Ray Lindenburg, AICP, Senior Planner, Development Services INITIALED AS APPROVED FOR SUBMITTAL TO THE COUNCIL BY: Ronnie Wright Mayor Sabrina Combs, Intgerim City Administrator David Goldman, Deputy City Administrator Hillary J. Evans, City Attorney, as to form RECOMMENDED ACTION Conduct Public Hearing Move to approve Ordinance 1999 adopting changes to OHMC 1.30.010 Requirements for sale or other disposition of city real property (Attachment 1) BACKGROUND / SUMMARY INFORMATION This agenda bill presents to the Council draft changes to Section 1.30.010 (see Attachment 2 – existing language) of the Oak Harbor Municipal Code (OHMC) describing the process by which certain City-owned properties may be sold or exchanged. Background Recently, City legal staff became aware of a potential impediment in code section 1.30.010 that would require the city to hold an election to sell, exchange or otherwise dispose of property owned by the City that was considered a public park, specifically in OHMC 1.30.010(1): “Developed city park property shall not be disposed of in any manner without citizen approval in an election, except as provided in subsection (2) of this section.” and the aforementioned subsection (2) – OHMC 1.30.010(2): “No citizen approval at an election shall be required when the city council determines by resolution that some portion or all of a developed park property is required to accomplish a necessary public purpose including, but not limited to, water, sewer or roadway improvements. In such circumstances the fair market value of the park property dedicated to such necessary public purposes shall be determined by appraisal and the amount of the fair market value of such park May 21, 2024 City Council Meeting Page 137 property shall be transferred to the city’s accounts from the acquiring department’s fund to the parks fund, and such proceeds shall be exclusively used to acquire replacement park property. When the language of any instrument by which any park property is acquired limits the use of said property to park purposes and contains a reservation of interest in favor of the grantor or any other person, the city shall obtain the consent of the grantor or such other person, his or her heirs, successors, or assigns. In any case where, owing to death or lapse of time, there is neither donor, heir, successor, or assignee to give consent, this consent may be executed by the city and filed for record with an affidavit setting forth all efforts made to locate people entitled to give such consent together with the facts which establish that no consent by such persons is attainable. All other requirements of this section shall also be applicable.” Analysis Consultation with the City’s legal team indicated that the requirement to hold an election to sell or exchange property is unique among Washington jurisdictions. City Attorney Hillary Evans stated, “I’ve never encountered another city requiring a vote to approve the sale of park property. I’d recommend eliminating that provision.” She noted that after the original code section was adopted in 1997 (Ordinance 1110, see Attachment 3), relocated in the code in 2010 (Ordinance 1578, see Attachment 4), a revision was made in 2015 (Ordinance 1728, see Attachment 5). The 2015 ordinance adopting the that most recent change recognized that, “legislative intent behind this code when it was first adopted in 1997 was to ensure that developed park property would not be sold or transferred to private parties for private use or economic gain.” Notably, that stated intent could be circumvented by having an election per that same code. Further whereas statements for that ordinance included, “from time to time developed park property, or portions of such park property, are required for necessary public purposes such as water, sewer or roadway improvements… and the requirement for citizen approval in such circumstances has the potential to impede or hinder accomplishment of necessary public purposes.” City staff believes “necessary public purposes” includes not only the important utility infrastructure mentioned in the code section above, but the economic development of the community as a whole. The remaining sections within OHMC 1.30 allow for the following protections: the ability to hold a publicly-noticed hearing, where the presentation of staff analysis and testimony from citizens will allow the Council to make an informed determination of the need for such an exchange and the appropriate return for said exchange. A SEPA review is required by the code. This review may include but is not limited to aesthetic considerations, neighborhood access to park lands and environmental conditions. Additionally, RCW 35.22.280(11) provides additional requirements for the disposal of park property including, when applicable, the consent of the dedicator or donor. City Attorney Evans notes that State Law includes standards by which transactions are handled, and most cities utilize those standards without further restrictions. Accordingly, she provided the revision to OHMC 1.30.010 found in Attachment 6. May 21, 2024 City Council Meeting Page 138 Staff feels that these changes would allow the City to be more nimble in decision making when discussing the sale of property – including those designated as parks or recreation lands. This ability can impact economic development efforts City-wide through increased costs and time. Staff is confident in the ability of the City Council, with appropriate protections built into the OHMC and state statutes to make decisions that have the potential to affect necessary public purposes including the provision of utilities, safety concerns and economic development of the City as a whole. The elimination of the election requirement may also reduce the influence of interest groups either as a proponent or opponent in such a decision. Placing the final determination in the hands of the Council allows direct citizen participation in a public hearing. Conclusion City staff believes that “necessary public purposes” includes the economic development of the community. That growth often pays for the infrastructure needs specified in the 2015 code amendment that authorized the City Council to make a decision on those specific transfers. In essence, requiring an election for the transfer of park designated properties could constitute a barrier to economic development, either by stifling potential development through uncertainty of outcomes, opening important decisions to outside influences or simple denial of a potential transfer. Because of those reasons, the fact that Oak Harbor is an outlier in the requirement, and the guardrails that exist in City Council consideration of transfer of lands, Staff recommends approval of Ordinance 1999, amending OHMC 1.30.010. Process Because this is not considered a development regulation, the City Council is presented with the proposed ordinance amendment without Planning Commission recommendation. Notice was given of this hearing per the standards found in the OHMC. The process also included 10-day expedited review notification to the Department of Commerce. The City has received no comments from this process. As it is not a development regulation, this ordinance change did not require SEPA review. LEGAL AUTHORITY Legal authority for ordinance approval is provided by RCW 35.23.440. FISCAL IMPACT Removal of the election requirement would save the city costs associated with holding a special election in case of desired exchange or sale of park property. PREVIOUS COUNCIL / BOARD / CITIZEN INPUT May 21, 2024 City Council Meeting Page 139 A staff presentation was given to the City Council at the April 24, 2024 workshop meeting. A presentation was given to the Oak Harbor Parks and Recreation Advisory Commission on May 6, 2024. ATTACHMENTS 1. Ordinance No, 1999 2. Existing language OHMC 1.30.010 3. Ordinance No. 1110 4. Ordinance No. 1578 5. Ordinance No. 1728 6. Redline changes to OHMC 1.30.010 7. Presentation May 21, 2024 City Council Meeting Page 140  ORDINANCE NO. 1999 AN ORDINANCE OF THE CITY OF OAK HARBOR, WASHINGTON, AMENDING SECTION 1.30.010 OF THE OAK HARBOR MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, Chapter 1.30 of the Oak Harbor Municipal Code (“OHMC”), entitled “Sale or Exchange of Real Property” was adopted by Ordinance 1578 in 2010 and modified in Ordinance 1728 in 2015 with the intent of requiring voter approval by way of election prior to disposal of certain City property; and WHEREAS, the requirement for voter approval has the potential to hinder or impede accomplishment of necessary public purposes; and WHEREAS, the City Council wishes to remove the requirement for voter approval prior to disposal of developed park property to streamline the process and facilitate City transactions when it comes to disposal of developed city parks property; NOW THEREFORE, the CITY COUNCIL OF THE CITY OF OAK HARBOR do ordain as follows: Section One. OHMC 1.30.010, Amended. Section 1.30.010 of the OHMC, entitled Requirements for sale or disposition of city real property, is hereby amended to read as follows: 1.30.010 Requirements for sale or other disposition of city real property. (1) No real property of the city shall be sold, released, leased, demised, traded, exchanged or otherwise disposed of unless the same is authorized by the city council after public hearing. Notice of such public hearing shall be given by publication of the notice in the city’s official newspaper at least 10 days prior to the hearing. (2) The preferred timing for such a hearing is before the property is listed for sale, release, lease, demise, trade, exchange or other disposition. It is, however, recognized that this may not be possible especially in the case where there is litigation pending on the property in question. (3) A State Environmental Policy Act (SEPA) analysis shall be done on such proposed action and available for public review at least 10 days prior to the hearing. (4) The Mayor shall forward to the City Council a report on alternatives to the proposed action with the agenda. Ordinance No. 1999 - 1 May 21, 2024 City Council Meeting Page 141  (5) Nothing herein shall be construed as preventing the city from holding an executive session in accordance with Chapter 42.17 RCW as now in effect or hereafter amended. (6) This section shall not apply to rental of property on a month-to-month basis or the rental of space at the marina, done in the normal course of business for storage. Section Two. Severability. If any provision of this Ordinance or its application to any person or circumstance is held invalid , the remainder of the Ordinance or the application of the provision to other persons or circumstances is not affected. Section Three. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication. ADOPTED by the City Council this _______day of ___________, 2024. THE CITY OF OAK HARBOR By:________________________________ Ronnie Wright, Mayor Dated:______________________________ ATTEST/AUTHENTICATED: ____________________________________ Julie Nester, City Clerk Approved as to Form: ____________________________________ Hillary J. Evans, City Attorney Published:___________________________ Ordinance No. 1999 - 2 May 21, 2024 City Council Meeting Page 142  Oak Harbor Municipal Code Page 1/1 1.30.010 Requirements for sale or other disposition of city real property. (1) No real property of the city shall be sold, released, leased, demised, traded, exchanged or otherwise disposed of unless the same is authorized by the city council after public hearing. Notice of such public hearing shall be given by publication of the notice in the city’s official newspaper at least 10 days prior to the hearing. Developed city park property shall not be disposed of in any manner without citizen approval in an election, except as provided in subsection (2) of this section. (2) No citizen approval at an election shall be required when the city council determines by resolution that some portion or all of a developed park property is required to accomplish a necessary public purpose including, but not limited to, water, sewer or roadway improvements. In such circumstances the fair market value of the park property dedicated to such necessary public purposes shall be determined by appraisal and the amount of the fair market value of such park property shall be transferred to the city’s accounts from the acquiring department’s fund to the parks fund, and such proceeds shall be exclusively used to acquire replacement park property. When the language of any instrument by which any park property is acquired limits the use of said property to park purposes and contains a reservation of interest in favor of the grantor or any other person, the city shall obtain the consent of the grantor or such other person, his or her heirs, successors, or assigns. In any case where, owing to death or lapse of time, there is neither donor, heir, successor, or assignee to give consent, this consent may be executed by the city and filed for record with an affidavit setting forth all efforts made to locate people entitled to give such consent together with the facts which establish that no consent by such persons is attainable. All other requirements of this section shall also be applicable. (3) The preferred timing for such a hearing is before the property is listed for sale, release, lease, demise, trade, exchange or other disposition. It is, however, recognized that this may not be possible especially in the case where there is litigation pending on the property in question. (4) A SEPA analysis shall be done on such proposed action and available for public review at least 10 days prior to the hearing. (5) The mayor shall forward to the city council a report on alternatives to the proposed action with the agenda. (6) Nothing herein shall be construed as preventing the city from holding an executive session in accordance with Chapter 42.17 RCW as now in effect or hereafter amended. (7) This section shall not apply to rental of property on a month-to-month basis or the rental of space at the marina done in the normal course of business for storage. (Ord. 1728 § 1, 2015; Ord. 1578 § 6, 2010). The Oak Harbor Municipal Code is current through Ordinance 1990, passed December 5, 2023. May 21, 2024 City Council Meeting Page 143  • ORDINANCE NO. 1110 AN ORDINANCE PROVIDING FOR A PUBLIC HEARING PRIOR TO THE SALE OR EXCHANGE OF REAL PROPERTY OWNED BY THE CITY. THIS ORDINANCE IS TO BE CODIFIED IN TITLE ONE OF THE OAK HARBOR MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF OAK HARBOR do ordain as follows: Section One. There is hereby added a new Section 1.04.030 entitled "Sale or exchange of real property" to Oak Harbor Municipal Code Title One to read as follows: Section 1.04.030 Sale or exchange of real property. (1) No real property of the City shall be sold, released, leased, demised, traded, exchanged or otherwise disposed of unless the same is authorized by the City Council after public hearing. Notice of such public hearing shall be given by publication of the notice in the City's official newspaper at least ten days prior to the hearing. Developed City park property shall not be disposed of in any manner without citizen approval in an election. (2) The preferred timing for such a hearing is before the property is listed for sale, release, lease, demise, trade, exchange or other disposition. It is, however, recognized that this may not be possible especially in the case where there is litigation pending on the property in question. (3) A SEPA analysis shall be done on such proposed action and available for public review at least ten days prior to the hearing. (4) The Mayor shall forward to the City Council a report on alternatives to the proposed action with the agenda. (5) Nothing herein shall be construed as preventing the City from holding an executive session in accordance with RCW 42.17 as now in effect or hereafter amended. (6) This section shall not apply to rental of property on a month-to-month basis or the rental of space at the Marina done in the normal course of business for storage. Section Two. Severability. If any provision of this Ordinance or its application to any person _or circumstance is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances is not affected. Sale of Real Property Ordinance - 1 May 21, 2024 City Council Meeting Page 144  • Section Three. Effective Date. This Ordinance shall be in full force and effect five days after its passage and publication as required by law. PASSED by the City Council and approved by its Mayor this 215 t.:;day of October , 19~. THE CITY OF OAK HARBOR ayor . Attest: L 7 /»1~ City Clerk Published: October 25, 1997 C:\work\res-ord8\sale of property ord#1 Sale of Real Property Ordinance - 2 May 21, 2024 City Council Meeting Page 145 May 21, 2024 City Council Meeting Page 146 May 21, 2024 City Council Meeting Page 147 May 21, 2024 City Council Meeting Page 148 May 21, 2024 City Council Meeting Page 149 May 21, 2024 City Council Meeting Page 150  ORDINANCE NO. 1728 AN ORDINANCE OF THE CITY OF OAK HARBOR AMENDING OAK HARBOR MUNICIPAL CODE CHAPTER 1.30 ENTITLED "SALE OR EXCHANGE OF REAL PROPERTY" AND PROVIDING FOR COUNCIL APPROVAL OF TRANSFER OF DEVELOPED PARK PROPERTY WITHOUT CITIZEN APPROVAL AT AN ELECTION WHEN DETERMINED TO BE REQUIRED FOR A NECESSARY PUBLIC IMPROVEMENT WHEREAS, Chapter 1.30 of the Oak Harbor Municipal Code entitled "Sale or Exchange of Real Property" was adopted by Ord. 1578 (2010); and WHEREAS, OHMC 1.30.010(1) provides that developed city park property shall not be disposed of in any manner without citizen approval in an election; and WHEREAS, the legislative intent behind this code when it was first adopted in 1997 was to ensure that developed park property would not be sold or transferred to private parties for private use or economic gain; and WHEREAS, from time to time developed park property, or portions of such park property, are required for necessary public purposes such as water, sewer or roadway improvements; and WHEREAS, the requirement for citizen approval in such circumstances has the potential to impede or hinder accomplishment of necessary public purposes; and WHEREAS, RCW 35.22.280(11) provides additional requirements for the disposal of park property including, when applicable, the consent of the dedicator or donor, and the use of the proceeds for acquisition of replacement park property; and WHEREAS, RCW 43.09.210 provides that all property transferred from one department, public improvement, undertaking, institution, or public service industry to another, shall be paid for at its true and full value by the department, public improvement, undertaking, institution, or public service industry receiving the same; and WHEREAS, it would promote the public health, safety and welfare to eliminate the requirement of citizen approval at an election of the transfer of developed park property to another city department for public purposes including, but not limited to, water, sewer or roadway improvements; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OAK HARBOR do ordain as follows: Section One. Oak Harbor Municipal Code Chapter 1.30 entitled "Sale or Exchange of Real Property" is hereby amended to read as follows: Sale or Exchange of Real Property OHMC Chapter 1.30 Amendment Page 1 May 21, 2024 City Council Meeting Page 151  Chapter 1.30 SALE OR EXCHANGE OF REAL PROPERTY Sections: 1.30.010 Requirements for sale or other disposition of city real property. 1.30.010 Requirements for sale or other disposition of city real property. (1) No real property of the city shall be sold, released, leased, demised, traded, exchanged or otherwise disposed of unless the same is authorized by the city council after public hearing. Notice of such public hearing shall be given by publication of the notice in the city's official newspaper at least ten (10) days prior to the hearing. Developed city park property shall not be disposed of in any manner without citizen approval in an election, except as provided in subsection (2) of this section. (2) No citizen approval at an election shall be required when the city council determines by resolution that some portion or all of a developed park property is required to accomplish a necessary public purpose including, but not limited to, water, sewer or roadway improvements. In such circumstances the fair market value of the park property dedicated to such necessary public purposes shall be determined by appraisal and the amount of the fair market value of such park property shall be transferred to the city's accounts from the acquiring department's fund to the parks fund, and such proceeds shall be exclusively used to acquire replacement park property. When the language of any instrument by which any park property is acquired limits the use of said property to park purposes and contains a reservation of interest in favor of the grantor or any other person, the city shall obtain the consent of the grantor or such other person, his or her heirs, successors, or assigns. In any case where, owing to death or lapse of time, there is neither donor, heir, successor, or assignee to give consent, this consent may be executed by the city and filed for record with an affidavit setting forth all efforts made to locate people entitled to give such consent together with the facts which establish that no consent by such persons is attainable. All other requirements of this section shall also be applicable. (3) The preferred timing for such a hearing is before the property is listed for sale, release, lease, demise, trade, exchange or other disposition. It is, however, recognized that this may not be possible especially in the case were there is litigation pending on the property in question. (4) A SEP A analysis shall be done on such proposed action and available for public review at least ten (10) days prior to the hearing. (5) The mayor shall forward to the city council a report on alternatives to the proposed action with the agenda. Sale or Exchange of Real Property OHMC Chapter 1.30 Amendment Page 2 May 21, 2024 City Council Meeting Page 152 . .. (6) Nothing herein shall be construed as preventing the city from holding an executive session in accordance with Chapter 42.17 RCW as now in effect or hereafter amended. (7) This section shall not apply to rental of property on a month-to-month basis or the rental of space at the marina done in the normal course of business for storage. Section Two. Severability. If any provision of this Ordinance or its application to any person or circumstance is held invalid, the remainder or the Ordinance or the application of the provision to other persons or circumstances is not affected. Section Three. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication. PASSED by the City Council this $°ti- day of ~ '2015. THE CITY OF OAK HARBOR ( ) ~~Wt° Veto Approve ( '-' Dated: :S-/ '5/:;)_o1-5 Attest: ~ Anna Thompson, City Clerk Approved as to Form: ·-JWL~ Espar~omey Nikki Published: L:\LGLA\ WORK\RES-ORD2015\Sale or Exchange of Real Property OHMC 1.30 Ord (clean copy).docx Sale or Exchange of Real Property OHMC Chapter 1.30 Amendment Page 3 May 21, 2024 City Council Meeting Page 153  Oak Harbor Municipal Code Page 1/1 1.30.010 Requirements for sale or other disposition of city real property. (1) No real property of the city shall be sold, released, leased, demised, traded, exchanged or otherwise disposed of unless the same is authorized by the city council after public hearing. Notice of such public hearing shall be given by publication of the notice in the city’s official newspaper at least 10 days prior to the hearing. Developed city park property shall not be disposed of in any manner without citizen approval in an election, except as provided in subsection (2) of this section. (2) No citizen approval at an election shall be required when the city council determines by resolution that some portion or all of a developed park property is required to accomplish a necessary public purpose including, but not limited to, water, sewer or roadway improvements. In such circumstances the fair market value of the park property dedicated to such necessary public purposes shall be determined by appraisal and the amount of the fair market value of such park property shall be transferred to the city’s accounts from the acquiring department’s fund to the parks fund, and such proceeds shall be exclusively used to acquire replacement park property. When the language of any instrument by which any park property is acquired limits the use of said property to park purposes and contains a reservation of interest in favor of the grantor or any other person, the city shall obtain the consent of the grantor or such other person, his or her heirs, successors, or assigns. In any case where, owing to death or lapse of time, there is neither donor, heir, successor, or assignee to give consent, this consent may be executed by the city and filed for record with an affidavit setting forth all efforts made to locate people entitled to give such consent together with the facts which establish that no consent by such persons is attainable. All other requirements of this section shall also be applicable. (3)(2)The preferred timing for such a hearing is before the property is listed for sale, release, lease, demise, trade, exchange or other disposition. It is, however, recognized that this may not be possible especially in the case where there is litigation pending on the property in question. (4)(3)A SEPA analysis shall be done on such proposed action and available for public review at least 10 days prior to the hearing. (5)(4) The mayor shall forward to the city council a report on alternatives to the proposed action with the agenda. (6)(5) Nothing herein shall be construed as preventing the city from holding an executive session in accordance with Chapter 42.17 RCW as now in effect or hereafter amended. (7)(6) This section shall not apply to rental of property on a month-to-month basis or the rental of space at the marina done in the normal course of business for storage. (Ord. 1728 § 1, 2015; Ord. 1578 § 6, 2010). The Oak Harbor Municipal Code is current through Ordinance 1990, passed December 5, 2023. May 21, 2024 City Council Meeting Page 154  ORDINANCE 1999 SALE OF CITY PROPERTY City Council May 21, 2024 May 21, 2024 City Council Meeting Page 155  BACKGROUND  City staff identified a potential impediment to transfer of city - owned properties  OHMC 1.30.010 (1) and (2) reference a need for an election to transfer park properties specifically May 21, 2024 City Council Meeting Page 156  BACKGROUND  “ D e v e l o p e d c i t y p a r k p r o p e r t y s h a l l n o t b e d i s p o s e d o f i n a ny m a n n e r w i t h o u t c i t i z e n approval in an election, except as provided in subsection (2) of this section.”  “No citizen approval at an election shall be required when the city council determines by r e s o l u t i o n t h a t s o m e p o r t i o n o r a l l o f a d e v e l o p e d p a r k p r o p e r t y i s r e q u i r e d to a c c o m p l i s h a n e c e s s a r y p u b l i c p u r p o s e i n c l u d i n g , b u t n o t l i m i t e d to , w a t e r, s e w e r o r r o a d w ay i m p r o v e m e n t s . I n s u c h c i r c u m s t a n c e s t h e f a i r m a r k e t v a l u e o f t h e p a r k p r o p e r t y d e d i c a t e d to s u c h n e c e s s a r y p u b l i c p u r p o s e s s h a l l b e d e t e r m i n e d b y a p p r a i s a l a n d t h e a m o u n t o f t h e f a i r m a r k e t v a l u e o f s u c h p a r k p r o p e r t y s h a l l b e t r a n s f e r r e d to t h e c i t y ’ s a c c o u n t s f r o m t h e a c q u i r i n g d e p a r t m e n t ’ s f u n d to t h e p a r k s f u n d , a n d s u c h p r o c e e d s s h a l l b e e x c l u s i v e l y u s e d to a c q u i r e r e p l a c e m e n t p a r k p r o p e r t y. W h e n t h e l a n g u a g e o f a ny i n s t r u m e n t b y w h i c h a ny p a r k p r o p e r t y i s a c q u i r e d l i m i t s t h e u s e o f s a i d p r o p e r t y to p a r k p u r p o s e s a n d c o n t a i n s a r e s e r v a t i o n o f i n t e r e s t i n f a v o r o f t h e g r a n to r o r a ny o t h e r p e r s o n , t h e c i t y s h a l l o b t a i n t h e c o n s e n t o f t h e g r a n to r o r s u c h o t h e r p e r s o n , h i s o r h e r h e i r s , s u c c e s s o r s , o r a s s i g n s . I n a ny c a s e w h e r e , o w i n g to d e a t h o r l a p s e o f t i m e , t h e r e i s n e i t h e r d o n o r, h e i r, s u c c e s s o r, o r a s s i g n e e to g i v e c o n s e n t , t h i s c o n s e n t m ay b e e x e c u t e d b y t h e c i t y a n d f i l e d f o r r e c o r d w i t h a n a f f i d a v i t s e t t i n g f o r t h a l l e f f o r t s m a d e to l o c a t e p e o p l e e n t i t l e d to g i v e s u c h c o n s e n t to g e t h e r w i t h t h e f a c t s w h i c h e s t a b l i s h t h a t n o consent by such persons is attainable. All other requirements of this section shall also be applicable.” May 21, 2024 City Council Meeting Page 157  ANALYSIS  Legal staff is not aware of an election requirement in any other Washington jurisdiction May 21, 2024 City Council Meeting Page 158  ANALYSIS  From 2015 Ordinance:  “legislative intent behind this code when it was first adopted in 1997 was to ensure that developed park property would not be sold or transferred to private parties for private use or economic gain”  However, that intent could be circumvented by an election May 21, 2024 City Council Meeting Page 159  ANALYSIS  From 2015 Ordinance:  “from time-to-time developed park property, or portions of such park property, are required for necessary public purposes such as water, sewer or roadway improvements… and the requirement for citizen approval in such circumstances has the potential to impede or hinder accomplishment of necessary public purposes.”  City staff believes that city-wide economic development is a “necessary public purpose” May 21, 2024 City Council Meeting Page 160  ANALYSIS  Guardrails already built in:  Staff analysis of proposal – including all relevant department input  Public hearing with notice and public comment  SEPA review – considers aesthetics, access to park lands and environmental conditions  RCW standards May 21, 2024 City Council Meeting Page 161  ANALYSIS  More nimble decision-making  Requiring an election would significantly increase the amount of time to come to a decision  Cost of election would be borne by city  Election would be required for any transfer, including those that would be an equal value proposition, or of benefit to the city  Potential influence of special interests short-circuiting expertise of City staf f and decision-makers May 21, 2024 City Council Meeting Page 162  RECOMMENDATION  City staff believes that “necessar y public purposes” includes the economic development of the community. That growth often pays for the infrastructure needs specified in the 2015 code amendment that authorized the City Council to make a decision on those specific transfers. May 21, 2024 City Council Meeting Page 163  RECOMMENDATION  In essence, requiring an election for the transfer of park designated properties could constitute a barrier to economic development, either by stifling potential development through uncertainty of outcomes, opening important decisions to outside influences or simple denial of a potential transfer. May 21, 2024 City Council Meeting Page 164  RECOMMENDATION  Because of those reasons, the fact that Oak Harbor is an outlier in the requirement, and the guardrails that exist in City Council consideration of transfer of lands, Staff recommends approval of Ordinance 1999, amending OHMC 1.30.010. May 21, 2024 City Council Meeting Page 165