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 Wednesdays at 12:00 PM and Sundays at 7:00 AM on channel 68. Audio recordings are archived at KOSW 91.3 Radio Ocean Shores Convention Monday Center August 14, 2023 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 Announcements 1. Board and Committee Vacancies Four vacancies on the Fresh Waterways Advisory Board, one vacancy on the Planning Commission and three vacancies on the Radio Board. Page 1 of 23 Page Boards, Committees and Commissions information and application Appointments 2. Mayor to appoint Connie Clifford to the Fresh Waterways Advisory Board with Council consensus. 3. Mayor to appoint Darrell Prowse to the Radio Board with Council consensus. Other Reports 4. High Dune Trail Project Update • Presented by: Project Manager, Becky Leach and KR Homes, Jason Kyllonen High Dune Trail Ariel Video Executive Session 5. Executive Session 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 a meeting open to the public shall be conducted upon such complaint or charge. Public Communication to Council - 3 Minutes Citizens that wish to engage in Public Communication to Council may use the signup sheet at the Ocean Shores Convention Center prior to the meeting. 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 August 14, 2023. 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. • We request that comments be courteous and respectful. • 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) 08.14.2023 Staff Report 5-6 6. City Administrator Report • Presented by: City Administrator, Scott Andersen Page 2 of 23 Page Council Liaison Reports & Council Committee Reports Mayor's Report Consent Agenda 7 - 10 7. Approval of minutes for the Regular City Council Meeting on July 24, 2023. 8. Approval of Claims. Old Council Business New Council Business 11 - 18 9. Ordinance An Ordinance of the City Council of the City of Ocean Shores, Washington, amending Ocean Shores Municipal Code Chapter 17, Section 17.50.100 Relating to Clearing and Grading. • Presented by: City Administrator, Scott Andersen and City Planner, Marshall Read • First Reading • Public Comment • Council Questions and Discussion • Council Action 19 - 22 10. Resolution A Resolution of the City Council of the City of Ocean Shores, Washington, adopting the 2023 amendments to the Shoreline Master Program and directing the Planning Department to forward the documents comprising the updated Shoreline Master Program to the Washington State Department of Ecology for approval. • Presented by: City Administrator, Scott Andersen and Lead City Planner, Marshall Read • Public Comment • Council Questions and Discussion • Council Action Resolution Exhibit A: Ocean Shores Shoreline Master Program Environment Designations, Policies, and Regulations Resolution Exhibit B Appendix 1: Shoreline Environment Designations Resolution Exhibit C Appendix 2: Critical Area Regulations Discussion 23 11. Public Comment - RCW42.30.240 (2) • Led by: Mayor Pro Tem, Eric Noble Executive Session 12. Executive Session Page 3 of 23 Page RCW 42.30.110 (1)(g); RCW 42.30.140(4)(b) that portion of the meeting during which the governing body is planning or adopting the strategy or position to be taken by the governing body during the course of any collective bargaining, professional negotiations, or grievance or mediation proceedings, or reviewing the proposals made in the negotiations or proceedings while in progress. • Council Action Future Projects 13. • Abatement/IPMC Review - Councilmembers Scott and Elduen • Downtown Development - Councilmembers Scott, Sprigg and Wills • Review of Purchasing Policies and Bid Practices - Councilmembers Hartman and Elduen • Lot Clearing - Planning Commission • Permit Fee Discussion - Staff Update • Utilities Low Income Threshold & Sliding Scale - Councilmembers Cline and Hartman • City Code/Zoning • Future Vision of Ocean Shores Agenda Review: Thursday August 17, 2023 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 23  City Administrator Report Ocean Shores City Council Meeting (14 August 2023) • Ocean Shores Fire Department: Burn Ban in Effect & Extreme Weather Alert: The National Weather Service has issued a Red Flag Warning in conjunction with land management agencies to alert people to an ongoing or expected critical weather pattern. Critical fire conditions are occurring and there is an absolute burn ban in the City. Please be extremely careful with open flames from propane containers. New vehicle in the fire Department: The City’s newest ambulance is a 2023 Ford F450 North star ambulance built by Bruan NW. It is replacing an ambulance that was built in 2002 and the City was able to save cost by using a contract from King County. This vehicle has all the modern features but allows personnel to use the radio to aid in navigating to the calls for medical assistance (i.e., GPS w/ turn-by-turn directions). The vehicle is also set up with a grip coated roof to help locate other responders in surf rescue (we can stand on top with no slip hazard in wet weather) And this keeps up with the replacement plan for ambulances that hit 200 thousand miles. (We have a spare with 220K miles, and we will surplus this one, Medic 72 has 190K and Medic 71 has 115K) We anticipate the new rig will go in service by the end of the week. Lastly, it is important to state that this ambulance was purchased through grant funding thanks to our city grant writer Sarah Bisson who saved the City a significant amount of money with this grant. 1 6. City Administrator Report Presented by: City Administrator, Scott And... Page 5 of 23  Invoiced amount: $241,883.93 Federal award: $217,839.45 90% cost savings to the City, paying $24,044.48 out of City funds. • Ocean Shores Public Works Department: Fresh Waterways 2023 Treatment: Doug Dorling and Northwest Aquatic Ecosystems finished their treatment of the Ocean Shores waterways on Friday, August 11th. Everything was business as usual in the process. The City is anticipating a follow-up report within the next month. Capital Facilities Plan: The Capital facilities plan has been signed and the City of Ocean Shores is ready to schedule the first piece of plan implementation, which includes phone interviews with City staff to schedule dates to review buildings and collect background information on our physical structures. The entire process should be completed by the end of the year. Crosswalks: The flashing lights and the striping will be completed tomorrow. We will be going down to one lane in each direction. It is on budget. Firebreak: We will be putting the 2-year maintenance contract out to bid in the next two weeks for the firebreak behind hotel row Dog Park: Watch for a ribbon cutting ceremony to be scheduled in the next two weeks. Concrete pads are poured, and we excited to have a dog park in the City after all these years. END 2 6. City Administrator Report Presented by: City Administrator, Scott And... Page 6 of 23  REGULAR CITY COUNCIL MEETING MINUTES July 24, 2023 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 Wednesdays at 12:00 p.m. and Sunday at 7:00 a.m. Elected Officials present: Mayor, Martin, and Councilmembers, Noble, Sprigg, Elduen, Cline, Scott, and Wills. City Staff present: Police Chief, Neccie Logan, City Administrator, Scott Andersen, Finance Director, Angela Folkers, Fire Chief, Brian Ritter, Assistant Fire Chief, Mike Mandella, City Planner, Marshall Read and City Clerk, Sara D. Logan. Others present: Northwest Aquatic Eco-Systems, Doug Dorling Roll Call: City Clerk Logan called roll. Recording #00:01:42– Councilmember Noble made a motion to excuse Councilmember Hartman. Councilmember Elduen seconded the motion. The motion passed with 6 yes votes. Pledge of Allegiance: Councilmember Wills led the Pledge of Allegiance. Meeting Agenda Recording #00:01:52– Councilmember Noble made a motion to Approval: move item number 11 to after other reports. Councilmember Scott seconded the motion. The motion passed with 6 yes votes. Recording #00:03:30– Councilmember Scott made a motion to approve the agenda as amended. Councilmember Wills seconded the motion. The motion passed with 6 yes votes. Ceremonies and Proclamations: Mayor Martin along with City Council concurrence proclaimed August 1, 2023 as National Night Out in the City of Ocean Shores. Announcements: Mayor Martin announced three vacancies on the Fresh Waterways Advisory Board, one vacancy on the Planning Commission and three vacancies on the Radio Board. Mayor Martin announced the upcoming Board, Committee and Commissions Meeting. Appointments: None. Other Reports: Library Board of Trustees Member, Jeni Cate gave the Ocean Shores Library report. Executive Session: Mayor Martin recessed the Regular City Council Meeting at 6:11 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 a meeting open _____________________________________________________________________________ 07.24.2023 Regular City Council Meeting Page 1 of 4 7. Approval of minutes for the Regular City Council Meeting on July 24, ... Page 7 of 23  REGULAR CITY COUNCIL MEETING MINUTES July 24, 2023 to the public shall be conducted upon such complaint or charge. Mayor Martin announced Executive Session would be held for approximately 5 minutes. Mayor Pro Tem convened the Executive Session at 6:11 p.m. Mayor Pro Tem adjourned the Executive Session at 6:16 p.m. Mayor Martin reconvened the Regular City Council Meeting at 6:17 p.m. Public Rose Stidham commented on regular wildlife abuse and theft at Communication: the Jetty State Park. Becky Scott commented on the Woof-a-Thon. Susan Conniry commented on public records. Nancy Milliman gave a street update. Lillian Broadbent commented on the SMP Review. Marlene Penry commented on the SMP Review. Staff Report: City Administrator, Scott Andersen reported the Ocean Shores Fire Department, Ocean Shores Public Works Department, Bids in Process, Pavement Preservation Program, Roof Top Unit HVAC System, Chinook Park Bathrooms, Point Brown roundabout restriping, the IAVMP, the Capital Facilities Plan, and the Hog-Wild event. Council Liaison Councilmember Wills reported attending the Agenda Review Reports & Council Committee Meeting and signing warrants. Committee Reports: Councilmember Scott reported attending the Public Works Committee Meeting. Councilmember Cline reported attending the Library Board of Trustees, and the Planning Commission Meeting. Councilmember Elduen reported attending the Parks Board Meeting and the Public Works Committee Meeting. Councilmember Sprigg reported attending the Finance Committee Meeting and signing warrants. Councilmember Noble had no report. Mayor’s Report: Mayor Martin reported on the city financials, the Ocean Shores Golf Course P&L report, the State Parks Meeting, the upcoming Hog-Wild event, National Night Out and Shilo Park renovations. Consent Agenda: Recording #00:54:18– Councilmember Scott made a motion to approve the Consent Agenda. Councilmember Wills seconded the motion. The motion passed with 6 yes votes. The Consent Agenda included: 1. Approval of minutes for the July 10, 2023 Regular City _____________________________________________________________________________ 07.24.2023 Regular City Council Meeting Page 2 of 4 7. Approval of minutes for the Regular City Council Meeting on July 24, ... Page 8 of 23  REGULAR CITY COUNCIL MEETING MINUTES July 24, 2023 Council Meeting. 2. Approval of Accounts Payable Warrants #183719 through #183821 in the amount of $407,769.73 dated July 2023. 3. Approval of Treasurer Checks #13562 through #13570 in the amount of $32042,58 dated July 2023. 4. Approval of Payroll Payable Warrants #803632 through #803639 in the amount of $176,501.56 and ACH deposits in the amount of $44,881.79 totaling $221,383.35 dated July 2023. 5. Approval of Payroll Warrants in the amount of $15,489.28 and ACH deposits in the amount of $271,942.30, totaling $287,431.58 dated July 2023. Old Council Business: None New Council Business: Request A Request of the City Council of the City of Ocean Shores, 2023 Fresh Washington, approving the 2023 Fresh Waterways Treatment Waterways Plan. Treatment Plan Approved: There was no public comment. There were Council Questions and Discussion. Recording #01:07:15– Councilmember Scott made a motion to approve a request of the City Council of the City of Ocean Shores, Washington, approving the 2023 Fresh Waterways Treatment Plan. Councilmember Wills seconded the motion. The motion passed with 6 yes votes. Request A Request of the City Council of the City of Ocean Shores, Fire Department Washington, authorizing the Ocean Shores Fire Department to Additional hire 2 additional full-time employees scheduled for the 2024 Personnel budget in September of 2023. Approved: There was public comment. There were Council Questions and Discussion. Recording #01:22:03– Councilmember Sprigg made a motion to approve a request of the City Council of the City of Ocean Shores, Washington, authorizing the Ocean Shores Fire Department to hire 2 additional full-time employees scheduled for the 2024 budget in September of 2023. Councilmember Cline seconded the motion. The motion passed with 6 yes votes. Discussion: Council discussed the 2023 Amendments to the Shoreline Master Program. Executive Session: Mayor Martin recessed the Regular City Council Meeting at 8:00 p.m. to convene into Executive Session under RCW 42.30.110 _____________________________________________________________________________ 07.24.2023 Regular City Council Meeting Page 3 of 4 7. Approval of minutes for the Regular City Council Meeting on July 24, ... Page 9 of 23  REGULAR CITY COUNCIL MEETING MINUTES July 24, 2023 (1)(g); RCW 42.30.140(4)(b) that portion of the meeting during which the governing body is planning or adopting the strategy or position to be taken by the governing body during the course of any collective bargaining, professional negotiations, or grievance or mediation proceedings, or reviewing the proposals made in the negotiations or proceedings while in progress. Mayor Martin announced Executive Session would be held for approximately 20 minutes. Mayor Martin convened the Executive Session at 8:00 p.m. Mayor Martin extended the Executive Session by 5 minutes at 8:20 p.m. Mayor Martin adjourned the Executive Session at 8:23 p.m. Mayor Martin reconvened the Regular City Council Meeting at 8:25 p.m. Recording #01:45:03– Councilmember Cline made a motion to approve the collective bargaining agreement with the police union. Councilmember Sprigg seconded the motion. The motion passed with 6 yes votes. Future Agenda Item(s): None. Agenda Review: Mayor Pro Tem assigned Councilmembers Noble, Cline, and Elduen to Agenda Review on Thursday, August 3, 2023, 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 8:28 p.m. Signed: ________________________________ Jon B. Martin, Mayor Attest: ________________________________ Sara D. Logan, City Clerk _____________________________________________________________________________ 07.24.2023 Regular City Council Meeting Page 4 of 4 7. Approval of minutes for the Regular City Council Meeting on July 24, ... Page 10 of 23  City of Ocean Shores AGENDA BILL ------------------------------------------------------------------------------------------------------------------------------------------ COUNCIL MEETING DATE: August 14, 2023 SUBJECT: An Ordinance of the City Council of the City of Ocean Shores, Washington, amending Ocean Shores Municipal Code Chapter 17, Section 17.50.100 relating to Clearing and Grading CATEGORY: CONSENT AGENDA X ORDINANCE STAFF REPORT PUBLIC COMMUNICATION RESOLUTION PROCLAMATION OLD BUSINESS REQUEST STUDY SESSION X NEW BUSINESS CONSULTANT REPORT OTHER ATTACHMENTS: Ordinance & Planning Commission Recommendation SUMMARY/BACKGROUND: On March 14, 2023, the Planning Commission recommended the following to the City Council as it pertains to revisions in the forementioned Municipal Code: “The Planning Commission recommends that for construction on a lot that required a landscaping plan to receive a clearing and grading permit in accordance with OSMC 17.50.100 A, the City Building Department should not grant a final building occupancy permit/inspection approval until the Planning Department verifies that the landscaping required (including significant tree replacement) at the time of clearing and grading permit issuance has been accomplished. Alternatively, or in the case of unavoidable delays in completing required landscaping, the owner may post a $5,000 landscaping completion bond with the City to obtain a final occupancy permit/inspection approval” On June 26, 2023, the City Council discussed at a Regular City Council Meeting the recommendation provided by the Planning Commission and indicated the need to raise the bond amount to 10,000 dollars which is reflected in the presented ordinance. EXPENDITURE AMOUNT: N/A AMOUNT BUDGETED: N/A BUDGET MODIFICATION REQUIRED: N/A STAFF RECOMMENDATION: MAYOR'S RECOMMENDATION: PRESENTED BY: City Administrator, Scott Andersen and City Planner, Marshall Read (BELOW TO BE COMPLETED BY CITY CLERK’S OFFICE) 11-14-07 updated 9. Ordinance An Ordinance of the City Council of the City of Ocean Shore... Page 11 of 23  COUNCIL ACTION: APPROVED CONTINUED DENIED COUNCIL REQUEST FOR INFORMATION: 11-14-07 updated 9. Ordinance An Ordinance of the City Council of the City of Ocean Shore... Page 12 of 23  CITY OF OCEAN SHORES, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OCEAN SHORES, WASHINGTON, AMENDING OCEAN SHORES MUNICIPAL CODE CHAPTER 17, SECTION 17.50.100 RELATING TO CLEARING AND GRADING WHEREAS, the City Council of the City of Ocean Shores finds it necessary to do a general update to Chapter 17, Section 17.50.100 of the Ocean Shores municipal Code (OSMC) ensuring a requirement of a landscaping plan on lots cleared and graded. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OCEAN SHORES, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Ocean Shores Municipal Code Chapter 17 Section 17.50.100 as it pertains to Clearing and Grading is hereby amended to read as follows: Section 17.50.100 – Clearing and Grading A. Clearing of vegetation and grading or re-grading of the land surface shall not be allowed except when conducted pursuant to, and in conformance with, a clearing and grading permit issued by the city. 1. At the time of clearing/grading permit application, a plan for landscaping shall be submitted to the city that clearly indicates the applicant’s plan for meeting the landscaping and erosion prevention requirements of this section. Plan shall be to scale, indicate the location of structures and the location of all existing significant trees. If a portion of the property is to be left in its natural state and that natural state is left undisturbed that shall be so noted on the plan. 2. The clearing and grading permit shall be issued only upon approval of the landscaping plan as meeting these requirements and conditioned on implementation of the plan as approved. B. Landscaping of Single-Family and Duplex Dwellings. The plan shall provide assurance that the following requirements are met: Page 1 of 3 Ordinance No. 9. Ordinance An Ordinance of the City Council of the City of Ocean Shore... Page 13 of 23  1. The portion of the property not occupied by structures shall be left in its natural state or shall be aesthetically treated with plants, shrubs, trees or other forms of landscape materials. The plantings used will be those native to the area or those which are suited to survival in the climate and soil conditions of Ocean Shores. That portion of the property not occupied by structures shall have, at a minimum, ground cover adequate to control soil erosion and prevent the soil or sand from blowing or washing onto other properties or streets. The plan shall include management measures to prevent erosion on all areas of the site where soil is exposed during construction or grading with appropriate temporary means based on seasonal and site character considerations. 2. Retained existing vegetation may be used to meet all or portions of the landscaping requirements of this section. The retention of vegetation that promotes or preserves continuous overstory canopies, wildlife corridors and/or native vegetation adjacent to critical area buffers is especially encouraged. 3. Significant trees, which shall mean existing trees over eight inches in caliper (excluding alders and cottonwoods) as measured four feet above grade, shall be retained as follows: a. All significant trees located within areas designated for retention in a natural state which are not dead, dying, diseased, and do not pose a significant safety hazard shall be retained; b. At least ten percent by number of the significant trees on the subject property shall be retained. The city may approve modifications or require minor site plan alterations to achieve tree retention in compliance with this requirement. Where the location of the existing significant trees interferes with reasonable placement of the primary use structure, a landscaping plan may provide for the retention of fewer significant trees than required by this section only if the trees to be removed are replaced at a ratio of three to one. 4. Grading plans shall assure that the productive character of the soil is protected or restored on all areas of the site not occupied by buildings. Where significant trees are to be retained, an area equal to the drip line of the tree plus three feet shall be preserved around the tree at original grade or the landscaping plan shall include provisions to otherwise properly protect the tree. Areas adjacent to retained natural areas shall either have a graded transition or structural means to assure adequate retention of soil to support the natural vegetation. 5. Any construction on a lot that necessitates a landscaping plan to obtain a clearing and grading permit as per OSMC 17.50.100 A, the City Building Department shall not issue a final building occupancy permit or approval for inspection until the Planning Department confirms that the landscaping, including significant tree replacement, as required during the clearing and grading permit issuance, has been completed. Notwithstanding the foregoing, the owner may post Page 2 of 3 Ordinance No. 9. Ordinance An Ordinance of the City Council of the City of Ocean Shore... Page 14 of 23  a $10,000.00 landscaping completion bond with the City in order to obtain the final occupancy permit or approval if the owner cannot complete the landscaping due to unavoidable circumstances not caused by the owner. C. Landscaping of Other Sites and Uses. The plan shall provide assurance that the following requirements are met: 1. All new developments with parking lots holding fifteen cars or more shall provide landscaping of seven percent of the gross area designated for parking in the form of strips bordering the parking lot along adjacent properties or streets and/or islands or strips separating the tiers of parking spaces as appropriate to design and layout of the parking area. The plantings used will be those native to the area or those which are suited to survival in the climate and soil conditions of Ocean Shores. 2. Any portion of a property not proposed to be occupied by structures or pavement shall have, at a minimum, ground cover adequate to control soil erosion and prevent the sand from blowing or washing onto other properties or streets. The plan shall include management measures to prevent erosion on all areas of the site where soil is exposed during construction or grading with appropriate temporary means based on seasonal and site character considerations. 3. Any portion of the property not occupied by structures shall be left in its natural state or shall be aesthetically treated with plants, shrubs, trees or other forms of landscape materials. D. All landscaped areas shall be continuously maintained and kept free of litter. Additional landscaping is permitted. Section 2. The Ordinance shall take effect thirty (30) days after the date of publication. THIS ORDINANCE PASSED AND ADOPTED by the City Council of the City of Ocean Shores, Washington, at a special, open public meeting on this _______day of __________ 2023. SIGNED: ATTEST: ____________________ ______________________ Jon Martin, Mayor Sara Logan, City Clerk Page 3 of 3 Ordinance No. 9. Ordinance An Ordinance of the City Council of the City of Ocean Shore... Page 15 of 23 Page 16 of 23  Jon Martin Mayor City of Ocean Shores PO Box 909 Ocean Shores, WA 98569 Mayor Martin, On March 14, 2023, the Ocean Shores Planning Commission met and unanimously voted to recommend the Municipal Code Ocean Shores Municipal Code, 17.50.100 – Clearing and Grading, be amended as described in the attachment. This recommendation was the result of discussions at several Commission meetings and participation by individual Planning Commission members in lot clearing permit inspections conducted by the City’s Lead Planner. In summary, the Planning Commission finds the current code to be generally adequate and the Planning Department is doing an excellent job enforcing the code and balancing the rights of property owners with the need to protect the natural environment. The Planning Commission recommends that for construction on a lot that required a landscaping plan to receive a clearing and grading permit in accordance with OSMC 17.50.100 A, the City Building Department should not grant a final building occupancy permit/inspection approval until the Planning Department verifies that the landscaping required (including significant tree replacement) at the time of clearing and grading permit issuance has been accomplished. Alternatively, or in the case of unavoidable delays in completing required landscaping, the owner may post a $5,000 landscaping completion bond with the City to obtain a final occupancy permit/inspection approval. Respectfully, /original signed/ Gary Pease, Chairperson, Ocean Shores Planning Commission citygpease@gmail.com (703) 402-4604 enclosures:(as stated) 9. Ordinance An Ordinance of the City Council of the City of Ocean Shore... Page 17 of 23  Ocean Shores Planning Commission Review of Lot Clearing Municipal Code and Recommendations March 14, 2023 Having reviewed the Ocean Shores Municipal Code, 17.50.100 – Clearing and Grading, the Ocean Shores planning commission considers the code as currently enacted sufficient for purpose. In particular, the commission notes the following provisions of Section 17.50.100, paragraph B: “3. Significant trees, which shall mean existing trees over eight inches in caliper (excluding alders and cottonwoods) as measured four feet above grade, shall be retained as follows: a. All significant trees located within areas designated for retention in a natural state which are not dead, dying, diseased, and do not pose a significant safety hazard shall be retained; b. At least ten percent by number of the significant trees on the subject property shall be retained. The city may approve modifications or require minor site plan alterations to achieve tree retention in compliance with this requirement. Where the location of the existing significant trees interferes with reasonable placement of the primary use structure, a landscaping plan may provide for the retention of fewer significant trees than required by this section only if the trees to be removed are replaced at a ratio of three to one.” In discussion with the Lead City Planner, the Planning Commission observes that due to the narrow width of most lots, combined with the shallow root structure of native trees in Ocean Shores, it is often not possible to retain ten percent of the significant trees on a lot to be developed. In this case, replacement of removed significant trees more than the ten percent retention requirement at a three to one as identified in the clearing and grading permit is the most prudent action. The Planning Commission recommends that for construction on a lot that required a landscaping plan to receive a clearing and grading permit in accordance with OSMC 17.50.100 A, the City Building Department should not grant a final building occupancy permit/inspection approval until the Planning Department verifies that the landscaping required (including significant tree replacement) at the time of clearing and grading permit issuance has been accomplished. Alternatively, or in the case of unavoidable delays in completing required landscaping, the owner may post a $5,000 landscaping completion bond with the City to obtain a final occupancy permit/inspection approval. 9. Ordinance An Ordinance of the City Council of the City of Ocean Shore... Page 18 of 23  City of Ocean Shores AGENDA BILL ------------------------------------------------------------------------------------------------------------------------------------------ COUNCIL MEETING DATE: August 14, 2023 SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OCEAN SHORES, WASHINGTON, ADOPTING 2023 AMENDMENTS TO THE SHORELINE MASTER PROGRAM AND DIRECTING THE PLANNING DEPARTMENT TO FORWARD THE DOCUMENTS COMPRISING THE UPDATED SHORELINE MASTER PROGRAM TO THE WASHINGTON STATE DEPARTMENT OF ECOLOGY FOR APPROVAL. CATEGORY: CONSENT AGENDA ORDINANCE STAFF REPORT PUBLIC COMMUNICATION X RESOLUTION PROCLAMATION OLD BUSINESS REQUEST STUDY SESSION X NEW BUSINESS CONSULTANT REPORT OTHER ATTACHMENTS: Resolution & Shoreline Master Plan Exhibit A, Exhibit B, and Exhibit C Hyperlinks SUMMARY/BACKGROUND: The City enlisted consultant AHBL and has undergone the required Shoreline Master Plan periodic update to the Shoreline Master Plan as required by RCW 90.58.080 and WAC 173-26. This document went through the public comment process from April 18, 2023 through May 19, 2023. Environmental Review (SEPA) was conducted on the proposal and a Determination of Non-significance (DNS) was issued on April 18, 2023. The comment period concluded on May 2, 2023. A joint public hearing, held together with the WA State Dept. of Ecology was conducted on April 25th, 2023. The Planning Commission conducted a public hearing to hear public comment and made recommendations to the Draft SMP. The updated Draft SMP was presented to Council on July 24, 2023, for discussion. EXPENDITURE AMOUNT: N/A AMOUNT BUDGETED: N/A BUDGET MODIFICATION REQUIRED: N/A STAFF RECOMMENDATION: The Planning Commission and Staff recommend that Council adopt the Draft SMP MAYOR RECOMMENDATION: PRESENTED BY: City Administrator, Scott Andersen and City Planner, Marshall Read 11-14-07 updated 10. Resolution A Resolution of the City Council of the City of Ocean Sho... Page 19 of 23  (BELOW TO BE COMPLETED BY CITY CLERK’S OFFICE) COUNCIL ACTION: APPROVED CONTINUED DENIED COUNCIL REQUEST FOR INFORMATION: 11-14-07 updated 10. Resolution A Resolution of the City Council of the City of Ocean Sho... Page 20 of 23  CITY OF OCEAN SHORES, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OCEAN SHORES, WASHINGTON, ADOPTING 2023 AMENDMENTS TO THE SHORELINE MASTER PROGRAM AND DIRECTING THE PLANNING DEPARTMENT TO FORWARD THE DOCUMENTS COMPRISING THE UPDATED SHORELINE MASTER PROGRAM TO THE WASHINGTON STATE DEPARTMENT OF ECOLOGY FOR APPROVAL WHEREAS, the people of the State of Washington enacted the Shoreline Management Act (RCW 90.58) by vote of the people in 1971; and WHEREAS, the City of Ocean Shores previously passed Resolution 767 in August 2017 to adopt amendments to the city’s Shoreline Master Program as a part of a Comprehensive update; and WHEREAS, the Shoreline Management Act (RCW 90.58.080) and Washington Administrative Code, WAC 173-26 require that the City periodically review its master program and the City received a grant for the Washington State Department of Ecology to defray the costs of the review process; and WHEREAS, the Growth Management Act (RCW 36.70a.480 Shorelines of the state) requires that the City update the development regulations to protect critical areas within shorelines of the state as part of a comprehensive master program update; and WHEREAS, a State Environmental Policy Act (SEPA) environmental checklist was prepared and the City’s responsible official issued and circulated a Determination of Non- Significance on the proposed amendments on April 18, 2023; and WHEREAS, the City developed a public participation plan which identified that the joint review process set forth in WAC 173-26-104 was being used; and WHEREAS, the City of filed notice with the Department of Commerce pursuant to RCW 36.70A.106 on April 17, 2023; and WHEREAS, consistent with the adopted public participation plan the City provided public notice of a public hearing before the Planning Commission on April 25, 2023 and for a formal public comment period that began on April 18, 2023 and concluded on May 19, 2023; and WHEREAS, the City’s Planning Commission conducted a duly noticed public hearing on April 25, 2023 and subsequently voted at a regular meeting on June 13, 2023 to recommend to the City Council adoption of the proposed amendments; and Page 1 of 2 Resolution No. 10. Resolution A Resolution of the City Council of the City of Ocean Sho... Page 21 of 23  WHEREAS, following the conclusion of the comment period staff submitted materials seeking an “initial determination” from Ecology and on July 7, 2023 Ecology issued a written statement of initial concurrence with the documents submitted, with a list of identified issues (Recommended Changes and Required Changes) listed out for the City to address; and WHEREAS, the City’s consultant prepared a final document on July 7, 2023 to incorporate recommended and required changes identified by Ecology; and WHEREAS, the City Council reviewed the record and finds the Revised Draft dated July 7, 2023 meets the requirements of the state Shoreline Management Act (SMA) and SMP Guidelines (RCW 90.58 and WAC 173-26, respectively). WHEREAS, once the City adopts the Shoreline Master Program, it will be sent to the Washington State Department of Ecology for review and approval, a process that may entail further changes and amendments to the documents of the Shoreline Master Program; and WHEREAS, upon Department of Ecology approval, the City will adopt the Shoreline Master Program and Appendices by ordinance; NOW, THEREFORE, BE IT RESOLVED, by the Ocean Shores City Council of the City of Ocean Shores, Washington as follows: SECTION 1. Review and Evaluation. The Council hereby finds that the review and evaluation required by RCW 90.58.080(4) have occurred, as described in the recitals above. SECTION 2. Local Adoption. The City Council preliminarily adopts the Shoreline Master Program, subject to Department of Ecology approval. The Ocean Shores Shoreline Master Program is comprised of the documents attached as Exhibits A through C, and directs the Planning Department to forward the following documents to the State Department of Ecology for review and approval: Exhibit A: Ocean Shores Shoreline Master Program Environment Designations, Policies, & Regulations Exhibit B: Appendix 1 Shoreline Environment Designation Maps Exhibit C: Appendix 2 Critical Area Regulations PASSED AND ADOPTED by the City Council of the City of Ocean Shores, Washington, at a regular, open public meeting on this ___ day of ______2023. SIGNED: ATTEST: _________________________________ ________________________________ Jon Martin, Mayor Sarah D. Logan, City Clerk Page 2 of 2 Resolution No. 10. Resolution A Resolution of the City Council of the City of Ocean Sho... Page 22 of 23  RCW 42.30.240 Public comment. (1) Except in an emergency situation, the governing body of a public agency shall provide an opportunity at or before every regular meeting at which final action is taken for public comment. The public comment required under this section may be taken orally at a public meeting, or by providing an opportunity for written testimony to be submitted before or at the meeting. If the governing body accepts written testimony, this testimony must be distributed to the governing body. The governing body may set a reasonable deadline for the submission of written testimony before the meeting. (2) Upon the request of any individual who will have difficulty attending a meeting of the governing body of a public agency by reason of disability, limited mobility, or for any other reason that makes physical attendance at a meeting difficult, the governing body shall, when feasible, provide an opportunity for that individual to provide oral comment at the meeting remotely if oral comment from other members of the public will be accepted at the meeting. (3) Nothing in this section prevents a governing body from allowing public comment on items not on the meeting agenda. (4) Nothing in this section diminishes the authority of governing bodies to deal with interruptions under RCW 42.30.050, limits the ability of the governing body to put limitations on the time available for public comment or on how public comment is accepted, or requires a governing body to accept public comment that renders orderly conduct of the meeting unfeasible. [2022 c 115 § 13.] Findings—Intent—2022 c 115: See note following RCW 42.30.230. RCW (10/5/2022 10:51 AM) [ 1 ] 11. Public Comment - RCW42.30.240 (2) Led by: Mayor Pro Tem, Eric Noble Page 23 of 23