Regular City Council

Agenda-AMENDED City of Ocean Shores Regular City Council Meeting ***AMENDED*** Join by Phone Phone Number: 1.253.215.8782 Meeting ID: 842 4737 7657 Passcode: 689097. Live Streaming at Ocean Shores City Council Recordings The City Council Meeting will be aired by NBCTV on Tuesdays and Fridays at 7:00 p.m. on channel 68. Audio recordings are archived at KOSW 91.3 Radio Ocean Shores Convention Monday Center October 10, 2022 120 W Chance A La Mer 6:00 PM Ocean Shores, Washington Page Call to Order Roll Call Pledge of Allegiance Approval of Meeting Agenda Ceremonies and Proclamations Public Communication to Council - 3 Minutes - AMENDED Citizens that wish to engage in Public Communication to Council will use the signup sheet at the Ocean Shores Convention Center prior to the meeting. Page 1 of 21 Page Council is continuing to provide the opportunity for public comments by submitting written comments to the City Clerk's office via email at publiccomment@osgov.comor submitting the New Public Comment Form no later than 12:00 noon on October 10, 2022. Written public comments will be distributed to City Council on the day of the meeting and placed on City Website following the meetings conclusion. Comments must comply with: • Please limit your comments to three (3) minutes. • Upon entry, please state your name and address for the meeting record. • Comments shall always be courteous and respectful. If at any time dialogue does not meet these criteria a citizen will be asked to stop public comment. • This is not a question-and-answer time and the council cannot engage in conversation with the public. New Public Comment Form Regular City Council Meeting Public Comment(s) 10.10.2022 Announcements 1. Board and Committee Vacancies Five member and two alternate vacancies on the Building Code Board of Appeals, one vacancy on the Fresh Waterways Advisory Board, one vacancy on the Parks Board, two vacancies on the Planning Commission, one vacancy on the Airport Development and Operating Committee and one vacancy on the Civil Service Commission. Boards, Committees and Commissions information and application 2. Upcoming Board and Committee Meetings • Planning Commission Meeting - October 11, 2022 at 2:00 PM • Library Board of Trustees Meeting - October 12, 2022 at 10:00 AM • Parks Board Meeting - October 12, 2022 at 1:00 PM Appointments Other Reports Staff Report 5-6 3. City Administrator Report - AMENDED • Presented by: City Administrator, Scott Andersen Council Liaison Reports & Council Committee Reports Mayor's Report Consent Agenda 7 - 12 4. Approval of minutes for the Regular City Council Meeting on September 26, 2022. Page 2 of 21 Page 5. Approval of Claims. Old Council Business New Council Business 13 - 15 6. Request A Request of the City Council of the City of Ocean Shores, Washington, approving the Department of Justice (DOJ) Patrick Leahy Bulletproof Vest Partnership Grant Award for the Ocean Shores Police Department. • Presented by: Grant Coordinator, Sarah Bisson • Public Comment • Council Questions and Discussion • Council Action 17 - 20 7. Request A Request of the City Council of the City of Ocean Shores, Washington, to adjust contractual terms with North Beach Community TV (NBCTV) for Ocean Shores City Council recording sessions. • Presented by: Councilmember, Frank Elduen • Public Comment • Council Discussion • Council Action 21 8. Request A Request of the City Council of the City of Ocean Shores, Washington to cancel the Budget Study Session scheduled for October 19, 2022, and the Regular City Council Meeting scheduled for October 24, 2022, and approve rescheduling both meeting to consecutively be conducted on Wednesday, October 26, 2022. • Presented by: Mayor Pro Tem, Eric Noble • Public Comment • Council Questions and Discussion • Council Action Discussion 9. Panhandling • Led by: Mayor Pro Tem, Eric Noble 10. Future Agenda Items • Led by: Mayor Pro Tem, Eric Noble Executive Session Future Agenda Item Suggestions - 3 Minutes 11. 2019 Page 3 of 21 Page • Alternative Means of Road Side Weed Control 2019.05.28-Sprigg • Crosswalks 2019.07.08 • Police enforcement on chronic nuisance hotels 2019.10.28-Martin 2020 • Downtown Development 2020.01.13-Sprigg • Discussion of purchasing bid practices 2020.01.27-Elduen • Capital Facility Plan 2020.02.10 • Lot Clearing 2020.03.09-Sprigg • Discussion of increase to permit fees 2020.04.27 2021 • Ordinance for Loitering and Pan Handling 2021.04.26 • Review of City Purchasing Policy 2021.04.26 • Discussion on homelessness 2021.05.10 • Fresh Waterways 2021.07.26 • Utilities Low Income Threshold & Sliding Scale 2021.09.27 Agenda Review: Thursday October 13, 2022 at 9:00 a.m. For the Good of the Order - 3 Minutes Adjourn _________________________________________________________ Public Notice: • Persons requiring auxiliary aids or special arrangements in order to participate in meetings should call 360.940.7498 at least two business days prior to the scheduled meeting. • The public is invited to view the full City Council packet on our website at https://oceanshores.civicweb.net/filepro/documents/183. • This institution is an equal opportunity provider and employer. Page 4 of 21  City Administrator Report Ocean Shores City Council Meeting (10 October 2022) • Airport Obstruction Removal Update: The Ocean Shores Airport obstruction removal project is wrapping up in the next few weeks. Quigg Bros. has removed all identified airway obstructions and has replanted a majority of the lower lying shrubs and bushes. They are awaiting one more order of plants, anticipated on October 24th, and the final work will commence after that date. • Celtic Music Festival: Galway Bay Irish Pub and the Ocean Shores Convention Center will host the 2022 Celtic Music Festival. This year will herald the 19th year of Galway Bay's Celtic Music Festival, celebrating Irish songs, ballads, players and bands that will be flooding Ocean Shores, WA with music and fun for seven days this October. This year the festival begins: Tuesday October 18th, 2022, and lasts until Sunday, October 23rd, 2022. An eclectic mix of Irish bands, choirs and dancers hailing from throughout the United States, Canada and, of course, Ireland will be rounding out this year's entertainment. Online tickets are sold-out, but you can buy tickets for many events at the door. • Ocean Shores Firefighters Halloween Night: 1 3. City Administrator Report - AMENDED Presented by: City Administrator,... Page 5 of 21  This year, the Ocean Shores Firefighters Association is excited to once again be hosting a Halloween extravaganza for our community! This has been a long-standing tradition of the OSFFA since 1970. For the last couple of years, we have had to do a drive-by trick-or-treat event. We’re looking forward to being back inside the convention center and at full strength this year! This is a great way to have a safe, fun and - because we live on the coast - dry event for our community. Admission is free and open to all ages. We will have vendors with booths giving out candy and hosting spooky events. And of course, we won't forget the costume contest! We will have categories for all ages (including big kids and kids at heart!). We hope you will join us. The party will be on Monday, October 31 from 6:00 - 8:00 at the Ocean Shores Convention Center. If you are interested in being a vendor or volunteering with the event, please contact the OSFFA at osfirefightersassoc@gmail.com. Sneak peek: We are also expecting to have the return of Turkey Bingo the week before Thanksgiving! More details will be coming soon. Important note! The Ocean Shores Fire Fighters are taking candy donations. We prefer they be dropped at the station during regular business hours (but any time is fine). • Great Shakeout: The Great Shakeout is still over a month away but that doesn’t mean it’s too early to start communicating to your stakeholders and public about the tsunami siren test we’ll be doing that day (10/20) with the actual wailing sound. (Please see flyer) END 2 3. City Administrator Report - AMENDED Presented by: City Administrator,... Page 6 of 21  REGULAR CITY COUNCIL MEETING MINUTES September 26, 2022 Call to Order: Mayor, Jon Martin called the Regular City Council Meeting to order at 6:00 p.m., at the Ocean Shores Convention Center. The meetings are simulcast and archived on KOSW radio. Meetings are live streamed and may be accessed on the City website or viewed on cable Channel 68 Tuesday and Friday at 7:00 p.m. Elected Officials present: Mayor, Martin, and Councilmembers Noble, Sprigg, Elduen, Cline, Scott, Wills and Hartman. City Staff present: City Administrator, Scott Andersen, Finance Director, Angela Folkers, Grants Coordinator, Sarah Bisson, City Engineer, Robert Lund, Police Chief, Neccie Logan and City Clerk, Sara D. Logan. City Staff remotely present: None. Others present: City Attorney, Brent Dille Others remotely present: None. Roll Call: City Clerk Logan called roll. Pledge of Allegiance: Councilmember Sprigg led the Pledge of Allegiance. Meeting Agenda Recording #00:01:29– Councilmember Sprigg made a motion to Approval: approve the meeting agenda. Councilmember Scott seconded the motion. The motion passed with 6 yes votes. Ceremonies and None. Proclamations: Public Alex Suarez commented on the Ocean Shores Library Events. Communication: Kris Runge commented on Proposition 1. Susan Conniry commented on the Ocean Shores Police Department. Jan Hiatt commented on the North End Grand Canal Park restoration. Pat Hayes commented on the High Dune Trail. Brenda Miller commented on food trucks. Peggy Partridge commented on food trucks. Roger Neri commented on food trucks. Lori Stewart commented on food trucks _____________________________________________________________________________ 09.26.2022 Regular City Council Meeting Page 1 of 6 4. Approval of minutes for the Regular City Council Meeting on September... Page 7 of 21  REGULAR CITY COUNCIL MEETING MINUTES September 26, 2022 Announcements: Mayor Martin announced that five member and two alternate vacancies on the Building Code Board of Appeals, one vacancy on the Fresh Waterways Advisory Board, one vacancy on the Parks Board, one vacancy on the Planning Commission, one vacancy on the Airport Development and Operating Committee and one vacancy on the Civil Service Commission. Appointments: None. Council Vacancy Mayor Martin summarized the council replacement process. Appointment Position No. 6: Council candidates Peggy Jo Faria and Richard Wills were called forward to present a three-minute introduction and answer six set questions. Mayor Martin recessed the Regular City Council Meeting at 6:35 p.m. to convene into Executive Session to evaluate the qualifications of a candidate for appointment to elective office RCW 42.30.110(1)(h). Mayor Pro Tem Noble convened the Executive Session at 6:40 p.m. Mayor Pro Tem Noble adjourned the Executive Session at 6:55 p.m. Mayor Martin reconvened the Regular City Council Meeting at 6:55 p.m. Round One: Recording #00:39:30- Councilmember Cline made a motion to nominate Richard Wills. The motion passed with 4 yes votes, 1 no vote by Councilmember Elduen and Councilmember Sprigg passed. Councilmember Wills took an Oath of Office and the City Council Position No. 6 Council seat. Other Reports: None. Staff Report: City Administrator, Scott Andersen reported on the North End Grand Canal Workshop presented by members of the Watershed Company, the Pavement Crack Sealing Project, and the Lodging Tax Use Applications upcoming due date. Council Liaison Councilmember Noble reported attending the Fresh Waterways Reports & Council Advisory Board Special Meeting. Committee Reports: Councilmember Cline reported attending the Library Board of Trustees Meeting. Councilmember Scott reported attending the Parks Board Meeting. Councilmember Sprigg reported attending the Grays Harbor Council of Governments Meeting. _____________________________________________________________________________ 09.26.2022 Regular City Council Meeting Page 2 of 6 4. Approval of minutes for the Regular City Council Meeting on September... Page 8 of 21  REGULAR CITY COUNCIL MEETING MINUTES September 26, 2022 Councilmember Elduen reported attending the Radio Board Meeting. Councilmember Wills had no report. Councilmember Hartman had no report. Mayor’s Report: Mayor Martin reported on the Oyehut Ditch Cleanup and the Ocean Shores Golf Course Request for Proposal (RFP). Consent Agenda: Recording #01:03:37– Councilmember Scott made a motion to approve the Consent Agenda. Councilmember Wills seconded the motion. The motion passed with 7 yes votes. The Consent Agenda included: 1. Approval of minutes for the September 12, 2022, Regular City Council Meeting. 2. Approval of Accounts Payable Warrants #181528 through #181570 in the amount of $161,669.82 dated September 2022. 3. Approval of Treasurers Checks #13440 through #13446 in the amount of $4,416.77 dated September 2022. 4. Approval of Accounts Payable Payroll Warrants #880133 through #880145 in the amount of $148,880.94 dated September 2022. 5. Approval of Payroll Warrants #706410 through #706417 in the amount of $15,341.00 plus 93 ACH Payroll transactions totaling $210,164.48 for a total amount of $225,505.48 dated September 2022. Public Hearing Mayor Martin recessed the Regular City Council Meeting at 7:23 High Dune Trail p.m. to convene into a Public Hearing before the City Council of Eminent Domain: the City of Ocean Shores, Washington, to receive public testimony and comment on the Notice of Final Action and Eminent Domain of certain portion of property, in regards to property owner, Altanatural Corporation, property location, Portion of Parcel No. 618122731002 and Portion West of the Line of Vegetation on Lot A Records of Grays Harbor County Volume 4 of Short Plats, Page 33 AFN No. 93062065, Site Address: 491 Damon Road, Ocean Shores, Washington, 98569 on Eminent Domain. Mayor Martin convened the Public Hearing at 7:23 p.m. There was public testimony Mayor Martin adjourned the Public Hearing at 7:29 p.m. Mayor Martin reconvened the Regular City Council Meeting at 7:26 p.m. Old Council Business: Ordinance 1091 An Ordinance of the City Council of the City of Ocean Shores, Budget Washington, amending the 2021-2022 Budget Ordinance No. Amendment No. 6: 1063 and 2021-2022 Budget Amendment Ordinance No. 1071, No 1072, No. 1079, No. 1081, and No. 1089. _____________________________________________________________________________ 09.26.2022 Regular City Council Meeting Page 3 of 6 4. Approval of minutes for the Regular City Council Meeting on September... Page 9 of 21  REGULAR CITY COUNCIL MEETING MINUTES September 26, 2022 There was public comment. There were Council Questions and Discussion. Recording #01:17:55– Councilmember Sprigg made a motion to approve an Ordinance of the City Council of the City of Ocean Shores, amending the 2021-2022 Budget Ordinance No. 1063 and 2021-2022 Budget Amendment Ordinance No. 1071, No 1072, No. 1079, No. 1081, and No. 1089. Councilmember Scott seconded the motion. The motion passed with 7 yes votes. New Council Business: Ordinance 1092. An Ordinance of the City Council of the City of Ocean Shores, High Dune Trail Washington, relating to the acquisition by eminent domain of a Eminent Domain: certain portion of property in the City of Ocean Shores necessary for construction and maintenance of the High Dune Trail; directing staff to exhaust all reasonable negotiation efforts to purchase property necessary for the project, describing the public convenience, use and necessity of such property; providing for the condemnation, appropriation and use of the property; providing the mode of payment of cost of acquisition of the property; and directing the City Attorney to prosecute such action in Grays Harbor County Superior Court in the event direct purchase efforts are not successful. There was public comment. There were Council Questions and Discussion. Recording #01:53:54– Councilmember Hartman made a motion to amend section 2 to demand acquisition of permanent easement over, across, above and under the real property with a temporary construction easement for use by the public for public transportation. Councilmember Wills seconded the motion. The motion passed with 7 yes votes. Recording #02:07:59– Councilmember Scott made a motion to approve an Ordinance as amended of the City Council of the City of Ocean Shores, Washington, relating to the acquisition by eminent domain of a certain portion of property in the City of Ocean Shores necessary for construction and maintenance of the High Dune Trail; directing staff to exhaust all reasonable negotiation efforts to purchase property necessary for the project, describing the public convenience, use and necessity of such property; providing for the condemnation, appropriation and use of the property; providing the mode of payment of cost of acquisition of the property; and directing the City Attorney to prosecute such action in Grays Harbor County Superior Court in the event direct purchase efforts are not successful and waive the second reading. Councilmember Wills seconded the motion. The motion passed with 5 yes votes and 2 no votes by Councilmembers Sprigg and Elduen. _____________________________________________________________________________ 09.26.2022 Regular City Council Meeting Page 4 of 6 4. Approval of minutes for the Regular City Council Meeting on September... Page 10 of 21  REGULAR CITY COUNCIL MEETING MINUTES September 26, 2022 Request A Request of the City Council of the City of Ocean Shores, Desco Electronics Washington, to award the AV/Sound System Upgrade for the Corporation Av Ocean Shores Convention Center to Desco Electronics Sound System Corporation. Upgrade There was public comment. Approved: There were Council Questions and Discussion. Recording #02:21:09– Councilmember Noble made a motion to approve a Request of the City Council of the City of Ocean Shores, Washington, to award the AV/Sound System Upgrade for the Ocean Shores Convention Center to Desco Electronics Corporation. Councilmember Cline seconded the motion. The motion passed with 7 yes votes. Discussion: None. Executive Mayor Martin recessed the Regular City Council Meeting at 8:40 Session: p.m. to convene into Executive Session under RCW 42.30.110 (1) (f). to receive and evaluate complaints or charges brought against a public officer or employee. However, upon the request of such officer or employee a public hearing or meeting open to the public shall be conducted up such complaint or charge. Council convened the Executive Session at 8:45 p.m. Council extended the Executive Session at by 10 minutes at 9:00 p.m. Council adjourned the Executive Session at 8:56 p.m. Mayor Martin reconvened the Regular City Council Meeting at 9:00 p.m. Future Agenda None. Item(s): Agenda Review: Mayor Martin assigned Councilmembers Noble, Wills and Hartman to Agenda Review on Thursday, September 29, 2022, at 9:00 a.m. For the Good of Councilmembers shared items they felt were for the good of the the Order: order. Adjourn: Mayor Martin adjourned the Regular City Council meeting at 9:10 p.m. _____________________________________________________________________________ 09.26.2022 Regular City Council Meeting Page 5 of 6 4. Approval of minutes for the Regular City Council Meeting on September... Page 11 of 21  REGULAR CITY COUNCIL MEETING MINUTES September 26, 2022 Signed: ________________________________ Jon B. Martin, Mayor Attest: ________________________________ Sara D. Logan, City Clerk _____________________________________________________________________________ 09.26.2022 Regular City Council Meeting Page 6 of 6 4. Approval of minutes for the Regular City Council Meeting on September... Page 12 of 21  City of Ocean Shores AGENDA BILL COUNCIL MEETING DATE: October 10, 2022 SUBJECT: Dept. of Justice Patrick Leahy Bulletproof Vest Partnership award for the Police Dept. CATEGORY: CONSENT AGENDA ORDINANCE STAFF REPORT PUBLIC COMMUNICATION RESOLUTION PROCLAMATION OLD BUSINESS REQUEST STUDY SESSION ✔ NEW BUSINESS CONSULTANT REPORT PUBLIC HEARING OTHER ATTACHMENTS: DOJ BVP Award Summary SUMMARY/BACKGROUND: Reimbursement grant for bulletproof vest purchases that are kept on a retention schedule. Up to $4,907.21 in vest purchases for up to a 50% reimbursement of $2,453.61. EXPENDITURE AMOUNT: 2,453.61 AMOUNT BUDGETED: 0.00 BUDGET MODIFICATION REQUIRED: Yes 001 - Police PRESENTED BY: Sarah Bisson, Grant Coordinator (BELOW TO BE COMPLETED BY CITY CLERK’S OFFICE) COUNCIL ACTION: APPROVED CONTINUED DENIED COUNCIL REQUEST FOR INFORMATION: 6. Request A Request of the City Council of the City of Ocean Shores, Wa... Page 13 of 21 Page 14 of 21  STATUS This "Slams" page shnws any pendmg aclluns that must be completed pnur In program deadlines xxalso pmvldes yuu with paymen1(s) slams for Ilackmg yuur requests {or appmved funds RRENTAc11vITY STATUS Appncauon /Approved by EVP AWARD SUMMARY FOR FY2022 REGULAR FUND Funds Type e Amount Aumu Dale Apprvvad Status Regular Fund $4,907 21 $2,453 61 09/21n2 Appmved by BVP Grand Totals: 34,907 21 $2,453 61 6. Request A Request of the City Council of the City of Ocean Shores, Wa... Page 15 of 21 Page 16 of 21  City of Ocean Shores AGENDA BILL COUNCIL MEETING DATE: October 10, 2022 SUBJECT: A Request of the City Council of the City of Ocean Shores, Washington, to adjust contractual terms with North Beach Community TV (NBCTV for Ocean Shores City Council recordings sessions. CATEGORY: CONSENT AGENDA ORDINANCE STAFF REPORT PUBLIC COMMUNICATION RESOLUTION PROCLAMATION OLD BUSINESS ✔ REQUEST STUDY SESSION ✔ NEW BUSINESS CONSULTANT REPORT PUBLIC HEARING OTHER ATTACHMENTS: Professional Services Agreement - Amendment SUMMARY/BACKGROUND: North Beach Community TV and KOSW Radio station have been actively simulcasting events throughout the City of Ocean Shores. In this conjoined effort, both parties would like to broadcast the local North Beach School district sporting events on the Radio and Channel 68. The Majority of football and basketball games are on Friday nights. Currently Friday nights are dedicated to broadcasting the City Council Meetings. The City is requesting an amendment for broadcasting times on channel 68 for the best experience pertaining to the community’s involvement and interests. EXPENDITURE AMOUNT: 0 AMOUNT BUDGETED: 0 BUDGET MODIFICATION REQUIRED: 0 PRESENTED BY: Councilmember, Frank Elduen (BELOW TO BE COMPLETED BY CITY CLERK’S OFFICE) COUNCIL ACTION: APPROVED CONTINUED DENIED COUNCIL REQUEST FOR INFORMATION: 7. Request A Request of the City Council of the City of Ocean Shores, Wa... Page 17 of 21 Page 18 of 21  PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 2 (amendment No. 1 rescinded) WHEREAS, the City of Ocean Shores and North Beach Community Television (NBCTV) entered into an Agreement effective March 20, 2020; and WHEREAS, NBCTV and KOSW 91.3 Radio Station simulcast events throughout the City of Ocean Shores; and WHEREAS, an amendment of Exhibit “A” is required for the best experience pertaining to the communities involvement and interest; and WHEREAS, NBCTV and the City Council find it a benefit to the youth of the community of Ocean Shores and families to change the times of Regular City Council Meeting broadcast to allow simulcast for North Beach School District sporting events; and NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, the parties agree as follows: Section 1: Wednesday: 12:00 PM on the second and fourth week of the month following the regularly scheduled council meeting. Sunday: 7:00 AM on the second and fourth week of the month following the regularly scheduled council meeting. Special Council Meetings or other City-requested activities shall be aired preceding the Council meetings on Tuesdays and Sundays. Section 2: this amendment shall remain in effect until such time the Council rescinds or replaces with a subsequent Professional Services Agreement. Page 1 of 2 7. Request A Request of the City Council of the City of Ocean Shores, Wa... Page 19 of 21  CITY OF OCEAN SHORES NORTH BEACH COMMUNITY T.V. DATE: DATE: ___________________ Jon B. Martin, Mayor Angelo Brucas Its:_________________________ CITY OF OCEAN SHORES DATE: __ Sara D. Logan City Clerk Page 2 of 2 7. Request A Request of the City Council of the City of Ocean Shores, Wa... Page 20 of 21  City of Ocean Shores AGENDA BILL COUNCIL MEETING DATE: October 10, 2022 SUBJECT: A Request of the City Council of the City of Ocean Shores, Washington to cancel the Budget Study Session scheduled for October 19, 2022, and the Regular City Council Meeting scheduled for October 24, 2022, and approve rescheduling both meeting to consecutively be conducted on Wednesday, October 26, 2022. CATEGORY: CONSENT AGENDA ORDINANCE STAFF REPORT PUBLIC COMMUNICATION RESOLUTION PROCLAMATION OLD BUSINESS ✔ REQUEST STUDY SESSION ✔ NEW BUSINESS CONSULTANT REPORT PUBLIC HEARING OTHER ATTACHMENTS: N/A SUMMARY/BACKGROUND: The Ocean Shores Convention Center is unavailable on October 19, 2022 and October 24, 2022 due to a festival. Therefore we are requesting to move both meetings schedule for those dates to Wednesday, October 26, 2022. The Study Session will begin at 4:00 PM followed by a Special City Council Meeting beginning at 6:00 PM . EXPENDITURE AMOUNT: 0 AMOUNT BUDGETED: 0 BUDGET MODIFICATION REQUIRED: 0 PRESENTED BY: Mayor Pro Tem, Eric Noble (BELOW TO BE COMPLETED BY CITY CLERK’S OFFICE) COUNCIL ACTION: APPROVED CONTINUED DENIED COUNCIL REQUEST FOR INFORMATION: 8. Request A Request of the City Council of the City of Ocean Shores, Wa... Page 21 of 21