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 January 8, 2024 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 1. Oath of Office  City Clerk, Sara D. Logan to give Mayor, Frank Elduen an Oath of Office 2. Oath of Office Page 1 of 33 Page  City Clerk, Sara D. Logan to give Councilmembers, Thomas Taylor an Oath of Office 3. Oath of Office  City Clerk, Sara D. Logan to give Councilmembers, Lisa Griebel an Oath of Office 4. Oath of Office  City Clerk, Sara D. Logan to give Councilmembers, Alison Cline an Oath of Office 5. Oath of Office  City Clerk, Sara D. Logan to give Councilmembers Richard Wills an Oath of Office Mayor Pro Tempore Election 5 6. Nomination and Election City Council to Nominate Mayor Pro Tempore Candiate Council to Elect Mayor Tempore  Council Action 7. City Clerk, Sara D Logan to give Mayor Pro Tempore an Oath of Office Announcements 8. Board and Committee Vacancies Two vacancies on the Planning Commission, two vacancies on the Parks Board, 4 vacancies on the American Rescue Plan Act Funding Committee, 3 vacancies on the Fresh Waterways Advisory Board and one vacancy on the Airport Development and Operating Committee. Boards, Committees and Commissions information and application 9. Upcoming Board, Committee and Commission Meetings  Planning Commission - January 9, 2024 at 2:00 PM  Library Board of Trustees - January 10, 2024 at 10:00 AM  Parks Board - January 10, 2024 at 1:00 PM  Public Works Committee - January 18, 2024 at 3:30 PM 10. American Rescue Plan Act Funding Use Application Period American Rescue Plan Act Funding Use Documentation 7-8 11. Council Vacancy - Position No. 1 Appointments 12. Mayor Elduen to appoint Thomas Bies to the Planning Commission with Council consensus. Other Reports Page 2 of 33 Page Public Communication to Council - 3 Minutes 9 13. The City Council desires to allow the opportunity for public comment. However, the business of the City must proceed in an orderly and timely manner. Visit Public Comment (revize.com) to learn how to participate during public comment and or watch the meeting live. Written public comments can be submit to: publiccomment@osgov.com. Regular City Council Meeting Public Comment(s) 01.08.2024 Staff Report 11 - 13 14. City Administrator's Report  Presented by: City Administrator, Scott Andersen Council Liaison Reports & Council Committee Reports Mayor's Report Consent Agenda 15 - 18 15. Approval of minutes for the Regular City Council Meeting on December 11, 2023. 16. Approval of Claims. Ceremonies and Proclamations 17. Ocean Shores Police Sargent Retirement - Christian Iversen  Presented by: Police Chief, Neccie Logan 18. Ocean Shores Police Sargent Rehire - Anthony Vierra  Presented by: Police Chief, Neccie Logan 19. VFW Ocean Shores Police Officer of the Year - Daniel Fode  Presented by: Police Chief, Neccie Logan 20. VFW Ocean Shores Firefighter of Year - Darian Rifenberg  Presented by: Fire Chief, Brian Ritter Old Council Business 19 - 27 21. 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: Mayor, Frank Elduen and Planning Commission Chair, Gary Pease  Third Reading  Public Comment  Council Questions and Discussion Page 3 of 33 Page  Council Action New Council Business 29 - 33 22. Ordinance An Ordinance of the City Council of the City of Ocean Shores, Washington, amending the Ocean Shores Municipal Code Chapter 2.12, Section 2.12.010 relating to Meeting Time and Place for Regular City Council Meetings and replacing Ordinance No. 465  Presented by: Mayor, Frank Elduen  First Reading  Public Comment  Council Questions and Discussion  Council Action Discussion 23. 2024 City Council Retreat Schedule  Led by: City Council Executive Session Future Projects 24.  Abatement/IPMC Review - Councilmembers Scott  Downtown Development - Councilmembers Scott, Sprigg and Wills  Review of Purchasing Policies and Bid Practices - Councilmembers Hartman  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 January 11, 2024 at 9:00 AM 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 33  List Randomizer your |1sL Here they are m random order: Theve were 7 11121115111 1. Coumlmember Gn2h2\ 2. Cou»a|m2m|>erTzyInv 3. Coumlmember Sum 4. Coumlmember name 5. Coumlmember Hartman s. Coumlmember Chive 7. Coumlmemberw?ls IP: 215.115.15.30 nm.s1amp:2an12—2s 17- -23 urn Dull‘! use Ih's suvicefur giumuzyss Ilse MulIi—RoIn1d Giveaways inud © 199M023 RANDOM.0RG Follnw us: Twmer 1Mastodon Terms and cnnmuons Ahnul Us 6. Nomination and Election City Council to Nominate Mayor Pro Tempore Ca... Page 5 of 33 Page 6 of 33  Councilmember Replacement Process The Council replacement process begins as soon as the Member formally communicates their intention of leaving the Council or no longer can meet the requirement of a Councilmember. The Councilmember resigning will not be a member of the Council and not part of the replacement process on the day which a new Councilmember is selected. 1st Council night (January 8, 2024) • The announcement of the vacancy • Statement of the process: qualified individuals will write a letter stating what experience they will bring to City Council, reasons they wish to be a Councilmember and send the letter and resume to the City Clerk by email at slogan@osgov.com indicating that they wish to apply for the vacant position. Qualified individuals may also mail their letter and resume to PO Box 909, Ocean Shores, WA 98569, attention City Clerk. • Regardless of the delivery method used, the letter or resume is due at City Clerk’s office between 9 am on January 9, 2024 and 2 pm on February 2, 2024. • If a candidate chooses to withdraw their application before the selection process, they will not be able to be part of the selection process. • Qualifications: At least 1-year full-time residency in the City at time of appointment; A currently registered voter in this district at time declares candidacy; Able to serve out the term until the next election certification 2nd Council night (January 22, 2024) • 2nd Announcement of the vacancy Friday before Selection Meeting (February 9, 2024) • Invite applicants to the next Council meeting to speak individually for 3 minutes and to answer Council questions. • City Clerk will provide copies of letter/resumes to Council members and the press 3rd Council night (February 12, 2024) • The applicants will be asked to wait outside the Council Chamber • The applicants will be called one at a time selected randomly using randomizer • Applicants may sit in the Council meeting and listen to subsequent applicants • When all applicants have spoken, the Mayor will recess into executive session • Mayor and Council will discuss qualifications in the executive session • Mayor will reconvene the regular meeting Page 1 of 2 Councilmember Replacement Process Updated 01.08.2024 11. Council Vacancy - Position No. 1 Page 7 of 33  • All Councilmembers names will be randomized prior to the city council meeting the first Councilmember on the list may nominate a person for the open position if the Councilmember passes the Mayor will select another Councilmember to nominate a person. • The Council will vote on the person nominated if there are four yes votes then the applicant becomes a new Councilperson. If there are not four yes votes, then the Mayor will select another Councilmember to place a nomination. Councilmembers may only vote once per nominee, and during the first round, the Mayor may not break the tie. • If all Councilmembers have either nominated or voted for someone, the Council will move to round two. The process will start again, and Councilmembers may nominate a new person or re-nominate a person nominated in round one, however during this round the Mayor, if they choose, may vote if three Councilmembers are voting positive for an Applicant. • If appointed, the new Councilmember may be sworn in and take their seat at the dais • The regular meeting continues Page 2 of 2 Councilmember Replacement Process Updated 01.08.2024 11. Council Vacancy - Position No. 1 Page 8 of 33  CITY COUNCIL PUBLIC COMMENT In Person Public Comment(s) • 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. Remote Public Comment(s) • Council is providing the opportunity for public comments to be given via remote platform. Individuals shall send an email to the City Clerk's Office via email at publiccomment@osgov.com or by submitting the new public comment form no later than 5:00 PM on January 8, 2024. Written Public Comment(s) • Council is providing opportunity for public comments by submitting written comments. Individuals shall send an email to the City Clerk's Office via email at publiccomment@osgov.com or by submitting the new public comment form no later than NOON on January 8, 2024. Written public comments will be distributed to City Council on the day of the meeting and placed on City Website following the meetings conclusion. Order of Public Comment(s) • 1. Individuals attending in person. • 2. Individuals attending remotely. • 3. General public comments, whether in person or remotely, will continue in the usual position on the agenda. • 4. comments related to specific agenda items will be available during the time the agenda item is scheduled. 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. • Remote comments o Name of individual requesting remote public comment shall be called 2 times. If there is no response due to connectivity issues the individual will be moved to the end of the list and called one additional time. If the individual still does not respond, the public comment time will be forfeited. o When commenting remotely, camera shall be turned on. New Public Comment Form 13. The City Council desires to allow the opportunity for public comment... Page 9 of 33 Page 10 of 33  City Administrator Report Ocean Shores City Council Meeting (08 January 2024) • Severe Weather Anticipated Strong winds are expected this evening and overnight. South and southwest winds with gusts along the coast of 40-45 mph are expected. A wind advisory will go into effect for all of Grays Harbor County tomorrow at 4:00 AM until 10:00 PM. Heavy rainfall in the lowlands is anticipated Tuesday and Wednesday. This may lead to potential flooding and landslide risk. Coastal hazards include large waves (25+ feet), high tides. Minor coastal flooding and erosion anticipated with hazardous surf conditions Tuesday. Strong winds over the water will cause very dramatic seas on Tuesday. Additional coastal flooding impacts into the weekend with King Tides and storm surge. A Coastal flood watch will into effect for the Coast tomorrow at 6:00 AM until 2:00 PM. A high surf warning goes into effect along the Coast tomorrow at 7:00 AM until Wednesday at 10:00 AM. Everyone should remain out of the water due to life-threatening surf conditions. Stay off of jetties, piers, and other waterside infrastructure. • Sandbags and Sand Available for Residents Residents of Ocean Shores can receive free sand and sandbags. Head over to the self-serve sandbag stations at two convenient locations: Next to the glass recycling center, right behind Bennett Fish Shack. South end fire station, located at 345 Marine View Drive. Stay safe and prepared during this winter rainy season! 1 14. City Administrator's Report Presented by: City Administrator, Scott ... Page 11 of 33  • Sacrificial Berm on Marine View Drive The City continues to reinforce the sacrificial berm on Marine View Drive. To date, none of the City’s infrastructure including the million-dollar water tank has been damaged as a result of the berm but with storms, King Tides and high winds expected the City has begun reinforcing the berm and will be adding sandbags to help stabilize the structure. • KOSW Radio Station On January 5th at 11 AM Ocean Shores radio unveiled their new frequency at 88.9 FM! The City affords a special thanks to Marty Hadfield and Butch Larson for their incredible dedication to this project. Keep an eye out for updated signage throughout the City of Ocean Shores. Don't miss out on the new and improved KOSW FM experience! • Walking and Biking Survey Still Available for Residents To better ensure safer and more accessible pathways, enhance connectivity between neighborhoods, and encourage active transportation options. The City of Ocean Shores invites you to participate in the survey and let us know your thoughts on walking and biking in Ocean Shores. Together, we can create a greener, healthier, and more vibrant community. The survey can be found on the Ocean Shores Facebook Page. The last day to take the survey is January 15, 2024 • Ocean Shores Fire Department: The Ocean Shores Fire Department’s Fall Prevention seminar will now be hosted on Tuesday, January 16 at the Ocean Shores Fire Station from 5:30-7:30 p.m. This is a free event, but we do need you to sign up using the Eventbrite page as space is limited. If you can't make this date, don't worry - there will be more seminars to come! 2 14. City Administrator's Report Presented by: City Administrator, Scott ... Page 12 of 33  The Ocean Shores Fire Department will be presenting on the risks of falls and how to avoid them. This seminar is focused on older adults and helping them age in place safely. This free seminar will be presented in the training room at our station. Key topics include: • Risk factors for falls in individuals • Screening for fall risk • Creating a safer home environment • What to do in case of a fall Please note that space is limited, but we plan to have more sessions throughout the year! • City Attorney Search The City is still looking for a City Attorney. The RFQ will close on Friday January 12. We look forward to reviewing the applications and will keep the Council informed as we move forward. END 3 14. City Administrator's Report Presented by: City Administrator, Scott ... Page 13 of 33 Page 14 of 33  REGULAR CITY COUNCIL MEETING MINUTES December 11, 2023 Call to Order: Mayor Frank Elduen 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, Elduen, and Councilmembers, Sprigg, Cline, Scott, Wills, and Hartman. City Staff present: Police Chief, Neccie Logan, City Administrator, Scott Andersen, Project Manager, Becky Leach, and City Clerk, Sara D. Logan. Others present: Radio Station Board Member, Marty Hadfield and Radio Station Manager, Butch Larson. Roll Call: City Clerk Logan called roll. Recording #00:01:51– Councilmember Scott made a motion to excuse Councilmember Noble. Councilmember Sprigg seconded the motion. The motion passed with 5 yes votes. 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 Wills seconded the motion. The motion passed with 5 yes votes. Ceremonies and Proclamations: None. Announcements: Mayor Elduen announced two vacancies on the Planning Commission, two vacancies on the Parks Board and one vacancy on the Airport Development and Operating Committee. Appointments: Mayor Elduen reappointed Gary Pease to the Planning Commission with Council consensus. Other Reports: Radio Station Board Member, Marty Hadfield and Radio Station Manager, Butch Larson presented the KOSW 91.3/88.9 Radio Station report. Public Communication: Vida Piera commented on discussion item number 11, ARPA NonProfit Funding. Jane Shattuck commented on the MRSC Mayor and Council Handbook. Jennifer Hersboldscheimer gave feedback on the last council meeting and the nature of public service. _____________________________________________________________________________ 12.11.2023 Regular City Council Meeting Page 1 of 4 15. Approval of minutes for the Regular City Council Meeting on December... Page 15 of 33  REGULAR CITY COUNCIL MEETING MINUTES December 11, 2023 Paula Gratzer thanked Councilman Hartman for research on temporary signs. Kristin Hartman commented on last weeks city council meeting. Butch Larson commented on the NYE Beach Bash. Bruce Rittenhouse commented on the CIC Executive Director. Shari Dooley commented about event signs on Pt. Brown. Nancy Milliman commented on equality of campaign signage. Lillian Broadbent gave thanks and appreciation. Jane Shattuck commented on Council Meeting Decorum. Gina Rawlings commented on last weeks City Council meeting. Staff Report: City Administrator, Scott Andersen reported on the Grays Harbor County 2023-2024 Hazard Mitigation Plan; Sand and Sandbag availability; Walking and Biking in Ocean Shores Survey; Damon Point/Marine View Drive Erosion Mitigation and the Christmas for Kids event. Project Manager, Becky Leach gave the Public Works Project Plan update. Council Liaison Councilmember Hartman reported attending the Agenda Review Reports & Council Committee Meeting and an Ad Hoc Committee Meeting. Committee Reports: Councilmember Wills reported signing warrants. Councilmember Scott reported attending the Public Works Committee Meeting, and an Ad Hoc Committee Meeting. Councilmember Cline reported attending an Ad Hoc Committee Meeting and the Library Board of Trustees Meeting. Councilmember Sprigg reported attending an Ad Hoc Committee Meeting, the Grays Harbor Council of Governments Meeting and signing warrants. Mayor’s Report: Mayor Elduen announced the restart of Townhall Meetings, Permit Office hours of operation; stop signs on Dolphin; Shilo Sidewalk accessibility; Robinson and Noble Water analysis; creation of the Community Engagement Committee and the Chinook Park ADA swing. Consent Agenda: Recording #01:00:24– Councilmember Sprigg made a motion to approve the Consent Agenda. Councilmember Scott seconded the motion. The motion passed with 5 yes votes. The Consent Agenda included: 1. Approval of minutes for the November 27, 2023 Regular City Council Meeting. 2. Approval of Accounts Payable Warrants #13622 through #13626 in the amount of $27,781.96 dated November and December 2023. _____________________________________________________________________________ 12.11.2023 Regular City Council Meeting Page 2 of 4 15. Approval of minutes for the Regular City Council Meeting on December... Page 16 of 33  REGULAR CITY COUNCIL MEETING MINUTES December 11, 2023 3. Approval of Accounts Payable Warrants #184756 through #184898 in the amount of $789,570.21 dated November and December 2023. 4. Approval of Payroll Payable Warrants #803727 through #803751 in the amount of $412,516.53 and ACH deposits in the amount of $148,970.48 totaling $561,487.01 dated November and December 2023. 5. Approval of Payroll Warrants in the amount of $68,364.89 and ACH deposits in the amount of $533,190.24, totaling $601,555.13 dated November December 2023. Old Council Business: None. New Council Business: Request A Request of the City Council of the City of Ocean Shores, Cancelation of Washington, canceling the December 25, 2023, Regular City Regular City Council Meeting. Council Meeting Approved: There was no public comment. There were no Council Questions or Discussion. Recording #01:01:06– Councilmember Wills made a motion to approve a Request of the City Council of the City of Ocean Shores, Washington, canceling the December 25, 2023, Regular City Council Meeting. Councilmember Cline seconded the motion. The motion passed with 5 yes votes. Discussion: The Council discussed the American Rescue Plan Act Nonprofit Funding and Campaign Signs. Executive Mayor Elduen recessed the Regular City Council Meeting at 7:25 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 a meeting open to the public shall be conducted upon such complaint or charge. Mayor Elduen announced the Executive Session would be held for approximately 10 minutes. Councilmember Scott convened the Executive Session at 7:25 p.m. Councilmember Scott adjourned the Executive Session at 7:35 p.m. Mayor Elduen reconvened the Regular City Council Meeting at 7:35 p.m. Future Project(s): None. _____________________________________________________________________________ 12.11.2023 Regular City Council Meeting Page 3 of 4 15. Approval of minutes for the Regular City Council Meeting on December... Page 17 of 33  REGULAR CITY COUNCIL MEETING MINUTES December 11, 2023 Agenda Review: Mayor Elduen assigned Councilmembers Cline, Scott and Hartman to Agenda Review on Thursday, December 28, 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 Elduen adjourned the Regular City Council meeting at 7:45 p.m. Signed: ________________________________ Frank T. Elduen, Mayor Attest: ________________________________ Sara D. Logan, City Clerk _____________________________________________________________________________ 12.11.2023 Regular City Council Meeting Page 4 of 4 15. Approval of minutes for the Regular City Council Meeting on December... Page 18 of 33  City of Ocean Shores AGENDA BILL ------------------------------------------------------------------------------------------------------------------------------------------ COUNCIL MEETING DATE: January 8, 2024 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 X OLD BUSINESS REQUEST STUDY SESSION NEW BUSINESS CONSULTANT REPORT OTHER ATTACHMENTS: Ordinance & Planning Commission Recommendation SUMMARY/BACKGROUND: In October, the Planning Commission recommended the following to the City Council as it pertains to revisions in the forementioned Municipal Code: “On October 10, 2023, the Ocean Shores Planning Commission met and unanimously voted to recommend the attached changes to the Ocean Shores Municipal Code, 17.50.100 – Clearing and Grading. These changes are based upon recommendations of an ad hoc committee of the Ocean Shores City Council and are based upon the version discussed by the Ocean Shores City Council on September 11, 2023. The Planning Commission finds that the Planning Department is doing an excellent job enforcing the current code and balancing the rights of property owners with the need to protect the natural environment. The recommended changes will provide better clarity for property owners and ensure retention and replanting of significant trees that must be removed to facilitate construction. It is noted that the proposed changes focus on retention and replacement of significant trees, removal of noxious weeds, and erosion control and stormwater pollution prevention during construction. The proposed changes do not discuss regulation of the appearance of landscaping, beyond the requirement to remove noxious weeds. The proposed changes also do not discuss impervious surfaces and post-construction storm water pollution prevention, as these would be regulated under the Washington Department of Ecology 2019 Stormwater Management Manual for Western Washington. EXPENDITURE AMOUNT: N/A AMOUNT BUDGETED: N/A BUDGET MODIFICATION REQUIRED: N/A STAFF RECOMMENDATION: 11-14-07 updated 21. Ordinance An Ordinance of the City Council of the City of Ocean Shor... Page 19 of 33  MAYOR'S RECOMMENDATION: PRESENTED BY: Mayor, Frank Elduen and Planning Commission Chair, Gary Pease (BELOW TO BE COMPLETED BY CITY CLERK’S OFFICE) COUNCIL ACTION: APPROVED CONTINUED DENIED COUNCIL REQUEST FOR INFORMATION: 11-14-07 updated 21. Ordinance An Ordinance of the City Council of the City of Ocean Shor... Page 20 of 33  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. B. Landscaping of Single-Family and Duplex Dwellings all residential zones. The plan shall provide assurance that the following requirements are met: 1. Noxious weeds as defined by Grays Harbor County Extension of the Land Conservation Assistance Network shall be removed. 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. 2. 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. Page 1 of 5 Ordinance No. 21. Ordinance An Ordinance of the City Council of the City of Ocean Shor... Page 21 of 33  3. Post dwelling construction, or prior to issuance of a camping permit, 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. 4. During the lot clearing and dwelling construction, or camping lot development phases of development, the plan shall include management measures to prevent erosion. On all areas of the site where soil is exposed during construction or grading treat with appropriate temporary means measures based on seasonal and site conditions. character considerations 5. 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. 6. Significant trees, which shall mean existing conifer species trees over eight inches in caliper as measured four feet above the tree/root flare, 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 per 17.50.100.6.b. b) At least one, or ten percent by number, of the significant trees on the subject property shall be retained. 1. The city may approve modifications or require minor site plan alterations to achieve tree retention in compliance with this requirement. 2. 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. Trees to be removed must be replaced at a ratio of only if the trees to be removed are replaced at a ratio of three two to one, to maintain the minimum ten percent. 3. Each replacement tree will be at least 4 feet tall measured from the root / tree flair. 7. 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. i. 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 Page 2 of 5 Ordinance No. 21. Ordinance An Ordinance of the City Council of the City of Ocean Shor... Page 22 of 33  original grade, or the landscaping plan shall include provisions to otherwise properly protect the tree. ii. 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. C. The following shall apply for clearing and grading permits issued based upon construction of a primary structure, or lot preparation for camping. 1. Upon completion of construction, or lot preparation for camping, the owner may apply for a certificate of occupancy, or a camping permit, that will only be issued if the Plans Planning Department certifies that all post construction or camping lot landscaping has been accomplished in accordance with the approved clearing and grading permit, to include any necessary tree replacement. i. If, for any reason, the owner is not able to complete all post construction landscaping in accordance with the approved clearing and grading permit, to include any necessary tree replacement, and desires a certificate of occupancy, or camping permit, the owner may provide a two-year, $10,000 performance bond related to the required landscaping. Upon receipt of said bond, the city shall issue a certificate of occupancy or camping permit. ii. If, at any time in the two-year bond period, landscaping requirements in accordance with the approved clearing and grading permit, including any necessary tree replacement have been met, the owner may request release from the bond, which will shall be granted by the City only after an inspection and approval by the Planning Department. Upon meeting all required criteria, the city shall take steps necessary to release the bond. iii. If one year after the issuance of the occupancy permit all post construction landscaping has not been completed in accordance with the approved clearing and grading permit, to include any necessary tree replacement, the city shall notify the owner he has one additional year to complete stated landscaping requirements. iv. If two years after the issuance of the occupancy permit all post construction landscaping has not been completed in accordance with the approved clearing and grading permit, to include any necessary tree replacement, the city shall call the bond and contract for completion of the landscaping requirements of the original clearing and grading permit. 2. 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. Page 3 of 5 Ordinance No. 21. Ordinance An Ordinance of the City Council of the City of Ocean Shor... Page 23 of 33  i. The plan shall be to scale. ii. The plan shall indicate the location of all structures, out buildings, decks, gazebos, driveways etc. and the location of all existing significant trees. iii. 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. iv. The Planning Department shall identify all significant trees pursuant to the pre-clearing site inspection. Pursuant to the post-clearing inspection the Planning Department shall verify the post-clearing count and identify the quantity of trees required to satisfy the retention requirements. 3. The planning department will search historical records to ensure future lot clearing and grading permits follow the city’s intent of preserving significant trees. 4. The clearing and grading permit shall be issued only upon approval of the properly completed landscaping plan. The approved plan packet indicates the city’s acceptance of and provides an historical record which will facilitate accurate reassessment of future lot clearing and grading requests. meeting these requirements and conditioned on implementation of the plan as approved. D. Landscaping of Commercial and 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. Page 4 of 5 Ordinance No. 21. Ordinance An Ordinance of the City Council of the City of Ocean Shor... Page 24 of 33  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. E. All landscaped areas, including residential and non-residential, shall be continuously maintained and kept free of litter, noxious weeds and other hazards. 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 __________ 2024. SIGNED: ATTEST: _______________________ _______________________ Frank T. Elduen, Mayor Sara D. Logan, City Clerk Page 5 of 5 Ordinance No. 21. Ordinance An Ordinance of the City Council of the City of Ocean Shor... Page 25 of 33 Page 26 of 33  Jon Martin Mayor City of Ocean Shores PO Box 909 Ocean Shores, WA 98569 Mayor Martin, On October 10, 2023, the Ocean Shores Planning Commission met and unanimously voted to recommend the attached changes to the Ocean Shores Municipal Code, 17.50.100 – Clearing and Grading. These changes are based upon recommendations of an ad hoc committee of the Ocean Shores City Council and are based upon the version discussed by the Ocean Shores City Council on September 11, 2023. The Planning Commission finds that the Planning Department is doing an excellent job enforcing the current code and balancing the rights of property owners with the need to protect the natural environment. The recommended changes will provide better clarity for property owners and ensure retention and replanting of significant trees that must be removed to facilitate construction. It is noted that the proposed changes focus on retention and replacement of significant trees, removal of noxious weeds, and erosion control and stormwater pollution prevention during construction. The proposed changes do not discuss regulation of the appearance of landscaping, beyond the requirement to remove noxious weeds. The proposed changes also do not discuss impervious surfaces and post-construction storm water pollution prevention, as these would be regulated under the Washington Department of Ecology 2019 Stormwater Management Manual for Western Washington. Respectfully, /original signed/ Gary Pease, Chairperson, Ocean Shores Planning Commission citygpease@gmail.com (703) 402-4604 enclosures:(as stated) 21. Ordinance An Ordinance of the City Council of the City of Ocean Shor... Page 27 of 33 Page 28 of 33  City of Ocean Shores AGENDA BILL ------------------------------------------------------------------------------------------------------------------------------------------ COUNCIL MEETING DATE: January 8, 2024 SUBJECT: An Ordinance of the City Council of the City of Ocean Shores, Washington, amending Ocean Shores Municipal Code Chapter 2.12, Section 2.12.010 relating to Meeting Time and Place for Regular City Council Meetings and replacing Ordinance No. 465 CATEGORY: CONSENT AGENDA X ORDINANCE STAFF REPORT PUBLIC COMMUNICATION RESOLUTION PROCLAMATION OLD BUSINESS REQUEST STUDY SESSION X NEW BUSINESS CONSULTANT REPORT OTHER ATTACHMENTS: Draft Ordinance & Ordinance No 465 SUMMARY/BACKGROUND: The City of Ocean Shores Mayor and City Council have recently proposed a change to the designated day for Regular City Council meetings. This change is believed to offer cost savings in terms of salaries for the Ocean Shores Convention Center. By adjusting the meeting day, the Convention Center activities for weekend events would no longer interfere with the setup and tear down of event rooms required for City Council meetings. Moreover, the City Council believes that this change will contribute to enhancing transparency in open government. By providing a dedicated day for City Council meetings, it allows for better planning and communication with the public. Citizens will have increased opportunities to attend and engage with the City Council, fostering transparency and accountability in the decision-making process. EXPENDITURE AMOUNT: N/A AMOUNT BUDGETED: N/A BUDGET MODIFICATION REQUIRED: N/A STAFF RECOMMENDATION: MAYOR'S RECOMMENDATION: PRESENTED BY: Mayor, Frank Elduen (BELOW TO BE COMPLETED BY CITY CLERK’S OFFICE) COUNCIL ACTION: APPROVED CONTINUED 11-14-07 updated 22. Ordinance An Ordinance of the City Council of the City of Ocean Shor... Page 29 of 33  DENIED COUNCIL REQUEST FOR INFORMATION: 11-14-07 updated 22. Ordinance An Ordinance of the City Council of the City of Ocean Shor... Page 30 of 33  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 2.12, Section 2.12.010 RELATING TO MEETING TIME AND PLACE FOR REGULAR CITY COUNCIL MEETINGS AND REPLACING ORDINANCE NO. 465. WHEREAS, the City of Ocean Shores Mayor and City Council propose a change to the designated day for Regular City Council meetings. It is believed that this change will result in cost savings for the Ocean Shores Convention Center, provide sufficient time for setup and tear down of event rooms; and WHEREAS, the proposed change will enhance transparency in open government, and increase community engagement. By making this adjustment, the City Council aims to create a more efficient and inclusive decision-making process that benefits both the city and its residents. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OCEAN SHORES DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 2.12.010 of the Municipal Code and Section 1 of Ordinance 465, is herby amended to read as follows: 2.12.010 Meeting time and place The regular meeting of the city council shall be held on the second and fourth Mondays Tuesdays of each month at six p.m. in the Ocean Shores Convention Center, unless another time and place of meeting are specially designated; provided, however, should any regular council meeting fall on any legal holiday, then the meeting shall be held at the same time and place on the next regular business day. Section 2. This Ordinance shall take effect five (5) days from the date of publication. THIS ORDINANCE PASSED AND ADOPTED by the City Council of the City of Ocean Shores, Washington, at a regular, open public meeting on this ______ day of __________ 2024. Page 1 of 2 Ordinance No. 22. Ordinance An Ordinance of the City Council of the City of Ocean Shor... Page 31 of 33  SIGNED: ATTEST: _____________________ ______________________ Frank T.Elduen, Mayor Sara D. Logan, City Clerk Page 2 of 2 Ordinance No. 22. Ordinance An Ordinance of the City Council of the City of Ocean Shor... Page 32 of 33  CTO: OF OCEAN SHORES, WASHINGTON ORDINANCE NO. AN ORDINANCE AMENDING SECTION 2.12.010 OF THE MUNICIPAL CODE AND SECTION 1 OF ORDINANCE NO. 407, DEALING WITH ESTABLISHING TIME AND PLACE FOR REGULAR COUNCIL MEETINGS; AND REPEALING PREVIOUS ORDINANCES ESTABLISHING SAME. Section 1. Section 2.12.010 of the Municipal Code and Section 1 of Ordinance No. 407, ±8 hereby amended to read as follows: 2.12.010 Meeting time and place. The regular meetings of the city council shall be held on the second and fourth Mondays of each month at seven p.m. in the city hall, unless another time and place of meeting is specially designated; provided, however, should any regular council meeting fall on any legal holiday then the meeting shall be held at the same time and place on the next regular business day. Section 2. The following ordinances, amending Section 2.12.010 prior to this date, are hereby repealed in their entirety: Ordinance No. 33, No. 73, No. 92, No. 223, No. 242, No. 320, No. 331, and No. 369. PASSED and APPROVED this 94k- day of August, 1988. ATTEST: 0 (\i Robert Greenhagen, Mayor City Clerk 22. Ordinance An Ordinance of the City Council of the City of Ocean Shor... Page 33 of 33