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Regular City Council

Regular Meeting

Ocean Shores, WA · March 12, 2024

Agenda

Agenda

Agenda City of Ocean Shores Regular City Council Meeting 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 88.9 Radio Ocean Shores Convention Tuesday Center March 12, 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. Ocean Shores Police Officer Introduction - Nick Bailey  Presented by: Police Chief, Neccie Logan  Oath of Office 2. Ocean Shores Code Enforcement/Animal Control Officer Introduction - Doug Nichols  Presented by: Police Chief, Neccie Logan  Oath of Office Page 1 of 45 Page Announcements 3. Board and Committee Vacancies Two vacancies on the Planning Commission, four vacancies on the Parks Board, four vacancies on the Fresh Waterways Advisory Board, one vacancy on the Radio Board, and one vacancy on the Library Board of Trustees. Boards, Committees and Commissions information and application 4. Upcoming Board, Committee and Commission Meetings  Parks Board - March 13, 2024 at 1:00 PM  Public Works Committee - March 21, 2024 at 3:30 PM  Finance Committee - March 19, 2024 at 11:00 AM  Town Hall - March 13, 2024 at 6:00 PM  Conversations with Council - March 20, 2024 at 6:00 PM  Radio Board - March 26, 2024 at 10:30 AM  Planning Commission - March 26, 2024 at 2:00 PM  Council Retreat No. 2 - March 30, 2024 at 9:00 AM Board, Committee and Commission Meeting Recording(s) 5. Lodging Tax Funding Use Application Period Lodging Tax Funding Program Announcement Appointments 6. Mayor to appoint Rebecca Carrier and Bill Skorick to the Parks Board with Council consensus. 7. Mayor Pro Tem, Lisa Scott to appoint three two citizens to the Council Guidelines Ad Hoc Committee. Other Reports Public Communication to Council - 3 Minutes 7 8. 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) 03.12.2024 Staff Report 9 - 11 9. City Administrator Report  Presented by: City Administrator, Scott Andersen Council Liaison Reports & Council Committee Reports Page 2 of 45 Page Mayor's Report Consent Agenda 13 - 16 10. Approval of minutes for the Regular City Council Meeting on February 27, 2024. 11. Approval of Claims. Old Council Business New Council Business 17 - 29 12. Ratification of Emergency Proclamation 2024-01 - Amended Ratification of Emergency Proclamation 2024-01- Amended; authorizing City Department Directors to exercise the powers vested under Chapter 38.52 RCW in light of the exigencies of the current emergency response situation without regard to non-constitutional budget law limitations, requirements of competitive bidding and publication of notices, provisions pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, and the appropriation and expenditures of public funds, as may be necessary in response to the emergency dated January 3, 2024.  Presented by: Mayor, Frank Elduen  Public Comment  Council Questions and Discussion  Council Action 31 - 36 13. Ordinance An Ordinance of the City of Ocean Shores, Washington, Establishing Chapter 2.59 of the Ocean Shores Municipal Code, Relating to Standing Committees.  Presented by: Mayor, Frank Eldeun  First Reading  Public Comment  Council Questions and Discussion  Council Action 37 - 42 14. Request A Request of the City Council of the City of Ocean Shores, Washington, Adjusting the Contractual Terms with North Beach Community TV (NBCTV) for Ocean Shores City Council Recording Sessions.  Presented by: Mayor, Frank Elduen  Public Comment  Council Questions and Discussion  Council Action 43 - 45 15. Request A Request of the City Council of the City of Ocean Shores, Washington, to Page 3 of 45 Page Approve the American Rescue Plan Act Committee (ARPA) Recommendation for the Use of American Rescue Plan Act Funding.  Presented by: Councilmember, Alison Cline  Public Comment  Council Questions and Discussion  Council Action American Rescue Plan Act Funding Application(s) Discussion 16. Developed Camping Lots Days of Use  Led by: Mayor, Frank Elduen and Mayor Pro Tem, Lisa Scott Executive Session 17. Executive Session - AMENDED RCW 42.30.110 (1)(i) to discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. Future Projects 18.  Abatement/IPMC Review  Downtown Development - Councilmembers Scott, 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 March 14, 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. Page 4 of 45 Page  This institution is an equal opportunity provider and employer. Page 5 of 45 Page 6 of 45 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 March 12, 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 March 12, 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 8. The City Council desires to allow the opportunity for public comment.... Page 7 of 45 Page 8 of 45 City Administrator Report Ocean Shores City Council Meeting (12 March 2024) City Public Works Projects: • Spring Cleanup: April 24th – April 28th, 2024 The City of Ocean Shores will hold its annual Spring Clean-up from April 24 through April 28, 2024 Hours Open: 8:00 AM till 3:00 PM Location: 165 Ocean Lake Way SE., Ocean Shores Signs will be posted directing traffic on how to get in and out. The Annual Spring Clean-up is intended for individual property owners, NOT for commercial dumping. Dumping is limited to one load per household, and proof of residency (i.e. - water bill, driver’s license, etc.) will be required before dumping.  No yard waste or brush cuttings will be accepted.  No construction debris will be accepted.  No household garbage will be accepted.  Refrigerator/freezers must be Freon free and without the compressor. 1 9. City Administrator Report Presented by: City Administrator, Scott And... Page 9 of 45  No automobiles, no hazardous waste, no paint, no waste oil, no vehicle tires.  Please separate cardboard from other items to be dumped. Call 360-289-2824 to schedule home pick-ups no later than Wednesday April 24th at noon. • Strong Storms in Ocean Shores: The emergency berm down at the South end of the City near Damon Point has been battered by high winds and strong surf and necessitates repair. Work crews will be at the sand berm all afternoon. More repair work is planned by Mott McDonald and we will be filling new bags with cobble stones rather than sand or dirt. Ocean Shores Fire Department: • The Ocean Shores Firefighters Association and IGA are having the Annual Easter Egg Hunt at the Ocean Shores Elementary School on March 31st at 1:00 p.m. Kids of all ages welcome. Adult Egg Hunt to follow. Ocean Shores Elementary School Located at 300 Mt. Olympus Ave SE • Ocean Shores Fire Department responded to well over 500 fall victims in our community last year. Falls are one of the leading causes of fatal and non-fatal injuries in those 65 and Older. Join us for our FREE Fall Prevention Seminar. March 22nd 3:00 p.m. @ The Ocean Shores Lions Club 2 9. City Administrator Report Presented by: City Administrator, Scott And... Page 10 of 45 Located at: 832 Ocean Shores Blvd NW Ocean Shores Events: • 2024 Ocean Shores Razor Clam & Seafood Festival: March 15th, 16th & 17th 2024 Come celebrate all things seafood! Razor clams, fresh whole Dungeness crab, clam chowder, raw oyster bar, fish and chips, scallops, crab shooters, salmon, crab boil, smash burgers, Russian dumplings, funnel cakes, and more! And once again this year we are partnering with the Dungeness Crab and Seafood Festival from Port Angeles. Come enjoy a fresh Dungeness crab meal complete with herbed potatoes and coleslaw – advanced tickets are recommended to guarantee your crab dinner - please use the button below! The festival is free to attend. Check out the vendors, listen to the music, enjoy the wine and beer. And if you want to taste the best of the city's chowder you can buy a tasting passport and sample SEVEN different chowders - vote for the People's Choice. Sunday come for the special eggs benedict and Bloody Mary/Mimosa brunch – advanced tickets required. We can't wait to see you! This year we are bringing back the Clam Gun Decorating Contest. Click the contest button below for more details. END 3 9. City Administrator Report Presented by: City Administrator, Scott And... Page 11 of 45 Page 12 of 45 REGULAR CITY COUNCIL MEETING MINUTES February 27, 2024 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, Siers, Taylor, Griebel, Cline, Wills, and Hartman. City Staff present: Deputy Police Chief, Kyle Watson, City Administrator, Scott Andersen, and City Clerk, Sara D. Logan. Others present: None Roll Call: City Clerk Logan called roll. Recording #00:01:05– Councilmember Wills made a motion to excuse Councilmember Scott. Councilmember Cline seconded the motion. The motion passed with 6 yes votes. Pledge of Allegiance: Councilmember Cline led the Pledge of Allegiance. Meeting Agenda Recording #00:02:02– Councilmember Cline made a motion to Approval: amend the agenda to remove item number 12. Councilmember Hartman seconded the motion. The motion passed with 6 yes votes. Recording #00:02:31– Councilmember Cline made a motion to approve the meeting agenda as amended. Councilmember Hartman seconded the motion. The motion passed with 6 yes votes. Ceremonies and Proclamations: None. Announcements: Mayor Elduen announced two vacancies on the Planning Commission, four vacancies on the Parks Board, four vacancies on the American Rescue Plan Act Funding Committee, four vacancies on the Fresh Waterways Advisory Board, one vacancy on the Radio Board, one vacancy on the Library Board of Trustees and two vacancies on the Lodging Tax Advisory Committee (representatives of lodging business required to collect tax). Appointments: Mayor Elduen reappointed Kristin Hartman to the Parks Board with Council consensus. Mayor Elduen reappointed Pat Brunstad and appointed Shannon Rubin to the Lodging Tax Advisory Committee with Council consensus. _____________________________________________________________________________ 02.27.2024 Regular City Council Meeting Page 1 of 4 10. Approval of minutes for the Regular City Council Meeting on February... Page 13 of 45 REGULAR CITY COUNCIL MEETING MINUTES February 27, 2024 Other Reports: Councilmember, Rich Hartman gave the Ocean Shores Golf Course monthly report. Library Board of Trustees Member, Alex Suarez gave an update on the Ocean Shores Library events. Public Communication: Vida Piera commented on city fueling station tanks. Darrell Prowse commented on City Council TV replays. Dee Baker commented on the calendar events for the Coastal Interpretive Center. Shari Dooley commented on building faith in our community. Melissa Smith commented on “the hard fight.” Susan Conniry commented on “my two cents.” Jan Hiatt commented on “my two cents.” Sharon Skorick comments on the Beautification Committee. Jane Shattuck gave an update on litter pick up. Gina Rawlings gave general comments. Staff Report: City Administrator, Scott Andersen reported on the Ocean Shores High Dunes Trail Pocket Park, roundabout beautification, Lake and Watershed Master Plan, Fresh Waterways treatment, Tsunami Tower, Hydrant Flushing and upcoming active shooter training. Council Liaison Councilmember Siers reported attending the Radio Board Reports & Council meeting and signing warrants. Committee Reports: Councilmember Taylor had no report. Councilmember Hartman reported attending the Agenda Review Committee meeting and the Ocean Shores Golf Course meeting. Councilmember Cline reported attending the Agenda Review Committee meeting, the Finance Committee meeting, the Council Retreat, and signing warrants. Councilmember Wills reported attending the Parks Board meeting, the Town Hall, the Council Retreat, and the Harbor Regional Health Board meeting. Councilmember Griebel reported attending the Library Board of Trustees meeting. Mayor’s Report: Mayor Elduen announced Green Waste Disposal opening, Non- Profit calendar events, OSHA Training completion, upcoming Town Hall, the 2% meeting, and the Lodging Tax Use Program. _____________________________________________________________________________ 02.27.2024 Regular City Council Meeting Page 2 of 4 10. Approval of minutes for the Regular City Council Meeting on February... Page 14 of 45 REGULAR CITY COUNCIL MEETING MINUTES February 27, 2024 Consent Agenda: Recording #00:27:44– Councilmember Cline made a motion to approve the Consent Agenda. Councilmember Taylor seconded the motion. The motion passed with 6 yes votes. The Consent Agenda included: 1. Approval of minutes for the February 13, 2024 Regular City Council Meeting. 2. Approval of Treasurer Checks #13655 through #13659 in the amount of $34,378.83 dated February 2024. 3. Approval of Accounts Payable Warrants #185349 through #185453 in the amount of $680,364.22 dated February 2024. 4. Approval of Payroll Payable Warrants #803802 through #803819 in the amount of $213,206.10 dated February 2024. 5. Approval of Payroll Warrants #706517 through #706524 in the amount of $9,247.52 and ACH deposits in the amount of $261,597.28, totaling $270,844.80 dated February 2024. Old Council Business: None. New Council Business: Request A Request of the of the City Council of the City of Ocean Shores, Crexendo Phone Washington, awarding the Professional Service Agreement for Service PSA Phone Services to Crexendo. Approved: There was no public comment There were Council Questions and Discussion Recording #00:32:35– Councilmember Cline made a motion to approve a Request of the of the City Council of the City of Ocean Shores, Washington, awarding the Professional Service Agreement for Phone Services to Crexendo. Councilmember Siers seconded the motion. The motion passed with 6 yes votes. Request A Request of the of the City Council of the City of Ocean Shores, Street Masterplan Washington, awarding the Professional Services Agreement for PSA the Street Masterplan to Kimley Horn. Approved: There was public comment There were Council Questions and Discussion Recording #00:41:57– Councilmember Wills made a motion to approve a Request of the of the City Council of the City of Ocean Shores, Washington, awarding the Professional Services Agreement for the Street Masterplan to Kimley Horn. Councilmember Cline seconded the motion. The motion passed with 6 yes votes. Discussion: The Council discussed the Point Brown Sidewalk Project. _____________________________________________________________________________ 02.27.2024 Regular City Council Meeting Page 3 of 4 10. Approval of minutes for the Regular City Council Meeting on February... Page 15 of 45 REGULAR CITY COUNCIL MEETING MINUTES February 27, 2024 Executive Mayor Elduen recessed the Regular City Council Meeting at 7:06 Session: p.m. to convene into Executive Session under RCW 42.30.110 (1)(i) to discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. Mayor Elduen announced the Executive Session would be held for approximately 20 minutes. Mayor Elduen convened the Executive Session at 7:12 p.m. Mayor Elduen extended the Executive Session by 10 minutes at 7:32 p.m. Mayor Elduen adjourned the Executive Session at 7:42p.m. Mayor Elduen reconvened the Regular City Council Meeting at 7:43 p.m. Future Project(s): None. Agenda Review: Mayor Pro Tem Scott assigned Councilmembers Scott, Siers and Wills to Agenda Review on Thursday, February 29, 2024, 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 _____________________________________________________________________________ 02.27.2024 Regular City Council Meeting Page 4 of 4 10. Approval of minutes for the Regular City Council Meeting on February... Page 16 of 45 City of Ocean Shores AGENDA BILL ------------------------------------------------------------------------------------------------------------------------------------------ COUNCIL MEETING DATE: March 12, 2024 SUBJECT: Ratification of Emergency Proclamation 2024-01 AMENDED; authorizing City Department Directors to exercise the powers vested under Chapter 38.52 RCW in light of the exigencies of the current emergency response situation without regard to non-constitutional budget law limitations, requirements of competitive bidding and publication of notices, provisions pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, and the appropriation and expenditures of public funds, as may be necessary in response to the emergency dated January 3, 2024. CATEGORY: CONSENT AGENDA ORDINANCE STAFF REPORT PUBLIC COMMUNICATION RESOLUTION X PROCLAMATION OLD BUSINESS REQUEST STUDY SESSION X NEW BUSINESS CONSULTANT REPORT OTHER ATTACHMENTS: Emergency Proclamation 2024.01 AMENDED, Brumfield Construction Invoice No. 39027, Brumfield Construction Invoice No. 39050, Brumfield Construction Invoice No. 38962-R, & Brumfield Construction Invoice No. 39026 SUMMARY/BACKGROUND: On January 3, 2024, Mayor Frank Elduen issued Emergency Proclamation 2024-01 as a result of storm impacts to Western Washington. At which time the emergency proclamation stated the “expenditures of public funds, as may be necessary not to exceed $75,000.” After the emergent issue was maintained, the invoices for the relief protection project came in at $81,085.50. Under RCW 39.04.280(1)(e) the city was able to waive bidding requirements. The city finds it in the council and communities’ best interest to present the difference in the exceeded expenditures. The City Council approved the Emergency Proclamation at a regular open public meeting on January 22, 2024. This request is to approve the updated Emergency Proclamation which would reflect the authorized expenditure amount modification from $75,000 to $82,000. The Emergency Proclamation dated January 3, 2024 was signed by Mayor, Frank Elduen. The proclamation will remain in effect until the issuance of a subsequent written order once the Mayor determines that the emergency no longer poses a threat to public peace, safety and welfare. EXPENDITURE AMOUNT: N/A AMOUNT BUDGETED: N/A BUDGET MODIFICATION REQUIRED: N/A STAFF RECOMMENDATION: Approve 11-14-07 updated 12. Ratification of Emergency Proclamation 2024-01 - Amended Ratificatio... Page 17 of 45 MAYOR'S RECOMMENDATION: Approve PRESENTED BY: Mayor, Frank Elduen (BELOW TO BE COMPLETED BY CITY CLERK’S OFFICE) COUNCIL ACTION: APPROVED CONTINUED DENIED COUNCIL REQUEST FOR INFORMATION: 11-14-07 updated 12. Ratification of Emergency Proclamation 2024-01 - Amended Ratificatio... Page 18 of 45 EMERGENCY PROCLAMATION 2024-01. Amended A PROCLAMATION OF THE MAYOR OF THE CITY OF OCEAN SHORES, WASHINGTON, DECLARING A CITYWIDE EMERGENCY TO IMPLEMENT MEASURES TO MITIGATE SEVERE WEATHER DAMAGE IN OCEAN SHORES, WASHINGTON January 3, 2024 WHEREAS, much of the Western Washington coast and interior, including the City of Ocean Shores, experienced a severe winter storm including strong winds, large astronomical tides, coastal flooding, below freezing temperatures and heavy soaking rains beginning on Wednesday, January 3, 2024; and WHEREAS, efforts to reestablish the sacrificial berm was met with strong wind driven waves causing additional erosion; and WHEREAS, a storm featuring violent winds easterly winds were associated with strong storms moving across western Washington. WHEREAS, a storm having significant wind driven surf, caused significant erosion along the southern shoreline; and WHEREAS, specific erosion which resulted in erosion to the sacrificial berm; and WHEREAS, record breaking freezing conditions resulted in frozen and broken waterlines throughout Ocean Shores to residential, commercial and city properties; and WHEREAS, in the judgment of the mayor, extraordinary measures are required for the safety and welfare of the city and its citizens; and NOW, THEREFORE, I, Frank T. Elduen, Mayor of City of Ocean Shores, consistent with the powers vested in the City of Ocean Shores and its Mayor through applicable law, including without limitation Chapter 38.52 RCW, and consistent with the mayor’s authority pursuant to OSMC Chapter 2.08, OSMC Chapter 8.36, and Title 35A RCW, do hereby Order the following: Section 1. A state of emergency exists within the City due to severe winter storms the secondary hazards posed to persons, property, and city infrastructure; and Section 2. As provided by RCW 38.52.070(2), City Department Directors are Page 1 of 2 Proclamation No. 2024-01 AMENDED 12. Ratification of Emergency Proclamation 2024-01 - Amended Ratificatio... Page 19 of 45 authorized to exercise the powers vested under Chapter 38.52 RCW in light of the exigencies of the current emergency response situation without regard to non- constitutional budget law limitations, requirements of competitive bidding and publication of notices, provisions pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes, and the appropriation and expenditures of public funds, as may be necessary not to exceed $75,000 $82,000; and Section 3. The mayor will consult with the City Council as practical and present any necessary or appropriate action items for review and consideration by the Council at the earliest possible date; and Section 4. All acts taken prior to the effective date of this Order that are consistent with the intent and purpose of such Order are hereby ratified and confirmed retroactive to the time of the storm, or beginning at approximately 6:30 a.m. on Wednesday, January 3, 2024; and Section 5. This Order shall remain in full force and effect until terminated by the issuance of a subsequent written Order which shall follow when the mayor determines that the extraordinary measures detailed herein are no longer required for the protection of the public peace, safety and welfare. DATED this 3rd day of January 2024 SIGNED: ATTEST: _______________________ _______________________ Frank T. Elduen, Mayor Sara D. Logan, City Clerk Page 2 of 2 Proclamation No. 2024-01 AMENDED 12. Ratification of Emergency Proclamation 2024-01 - Amended Ratificatio... Page 20 of 45 2007 Westport Rd. Phone (360) 268-9231 P.O. Box 600 Fax (360) 268-1454 Aberdeen, WA 98520 Licensed and Bonded BRUMF-CI-114-K4 INVOICE TO: CITY OF OCEAN SHORES Invoice Number: 39027 PUBLIC WORKS DEPT. Invoice Date: 01/24/2024 PO BOX 909 JOB LOCATION: OCEAN SHORES, WA 98569 SOUTHERN EROSION WORK Job No. Payment Terms P.O. No. 24-023-80 DUE UPON RECEIPT Qty UOM Description Rate Amount CITY OF OCEAN SHORES SOUTHERN EROSION WORK PHASE II COBBLE SUPPLY AND DELIVERY $19,100.00 ACCOUNTS DELINQUENT AFTER 30 DAYS WILL BE CHARGED 1.5% PER Subtotal 19,100.00 MONTH SERVICE CHARGE ON ALL PAST DUE AMOUNTS Tax Amount 1,738.10 Retainage Held 1,910.00 Total Invoice Amount 18,928.10 THANK YOU FOR YOUR BUSINESS! 2/6/2024 12. Ratification of Emergency Proclamation 2024-01 - Amended Ratificatio... Page 21 of 45 Page 22 of 45 2007 Westport Rd. Phone (350) 268-9231 P.O. Box 600 Fax (360) 268-1/154 Aberdeen, WA 98520 Licemed and Bonded 1 BRUMF-CI.114.K4 =E fiurnlidd co[tTRucttoN, tNc" INVOICE TO: CITY OF OCEAN SHORES lnvoice Number: 39050 PUBL]C WORKS DEPT. lnvoice Date: 02t02t2021 PO BOX 909 JOB LOCATION: ocEAN SHORES, WA 98569 O SHORES SOUTHERN EROSIO Job No Payment Terms P.O. No 24-023-80 DUE UPON RECEIPT otv UOM Description Rate Amount CITY OF OCEAN SHORES SOUTHERN EROSION WORK Retainage $1 ,910.00 ACCOUNTS OELINQUENT AFTER 30 DAYS WILL BE CHARGEO I,5% PER Subtotrl 1,910.00 MONTH SERVICE CHARGE ON ALL PAST DUE AMOUNTS Tax Amount 0.00 Total lnvolco Amount 1,910.00 THANK YOU FOR YOUR BUSINESSI zat2021 12. Ratification of Emergency Proclamation 2024-01 - Amended Ratificatio... Page 23 of 45 2007 Westport Rd. Phone (360) 268-9231 P.O. Bor 600 Fax (360) 268-1454 Aberdeen, WA 98520 Licensed and Bondsd -;1 BRUMF.CI.l,I4-K4 .-... IIlI fuunlidd coMSrRucTlot{" tt{c. rNvorcE TO CITY OF OCEAN SHORES lnvoice Number: 39026 PUBLIC WORKS DEPT. lnvoice Date: 02102i2024 PO BOX 909 JOB LOCATION: ocEAN SHORES, WA 98569 O S SOUTHERN EROSION WOR Job No Payment Terms P.O. No. 24-023-80 DUE UPON RECEIPT otv UOM Descnption Rate Amount CITY OF OCEAN SHORES SOUTHERN EROSION WORK Retainage $5,347.15 ACCOUNTS DELINQUENT AFTER 30 DAYS WLL BE CHARGED 1.5% PER Subtotal 5,347.15 MONTH SERVICE CHARGE ON ALL PAST DUE AITIOUNTS Tax Amount 0.00 Total lnvolce Amount 5,347.15 THANK YOU FOR YOUR BUSINESST 2.t4t2021 12. Ratification of Emergency Proclamation 2024-01 - Amended Ratificatio... Page 24 of 45 2007 We8tport Rd. Phone (360) 268-9231 P.O. Box 600 Fax (360) 268-14 Aberdeen, WA 98520 Licensed and Bonded 1 BRUMF-CI-114-K4 r-Tl GO'ISTRI'C ox, lllc. INVOICE TO CITY OF OCEAN SHORES lnvoice Number: 39026 PUBLIC WORKS DEPT. lnvoice Date: 02i02J2024 PO BOX 909 ocEAN SHORES, WA 98569 JOB LOCATION: O S SOUTHERN EROSION VI'OR Job No Payment Terms P.O. No 24-023-80 DUE UPON RECEIPT otv UOM Description Rate Amount CITY OF OCEAN SHORES SOUTHERN EROSION WORK Retainage $7,257.15 \ ACCOUNTS OELI UENT AFTER 30 OAYS wlLL BE CHARGED 1,5% PER Subtotal 7,257.15 MONTH S CHARGE ON ALL PAST OUE AIIOUNTS Tax Amount 0.00 Total lnvoice Amount 7,257.',15 THANK YOU FOR YOUR BUSINESSI 22J2021 12. Ratification of Emergency Proclamation 2024-01 - Amended Ratificatio... Page 25 of 45 Page 26 of 45 2007 Westport Rd. Phone (360) 268-9231 P.O. Box 600 Fax (360) 268-1454 Aberdeen, WA 98520 Licensed and Bonded BRUMF-CI-114-K4 INVOICE TO: CITY OF OCEAN SHORES Invoice Number: 38962-R PUBLIC WORKS DEPT. Invoice Date: 01/24/2024 PO BOX 909 JOB LOCATION: OCEAN SHORES, WA 98569 SOUTHERN EROSION WORK Job No. Payment Terms P.O. No. 24-023-80 DUE UPON RECEIPT Qty UOM Description Rate Amount 1/11/2024 - 1/12/2024 CITY OF OCEAN SHORES SOUTHERN EROSION WORK 1.00 EA MOBILIZATION 1,850.00 $1,850.00 69.50 HR SOLO TRUCKING 190.00 $13,205.00 35.25 HR TRUCK & TRAILER TRUCKING 215.00 $7,578.75 50.75 HR DRIVER OT 44.52 $2,259.39 7.50 HR DRIVER DT 88.03 $660.23 22.00 HR LOADER 220.00 $4,840.00 9.50 HR OPERATOR OT 47.59 $452.11 3.00 HR OPERATOR DT 95.17 $285.51 446.81 TN ROCK 50.00 $22,340.50 ACCOUNTS DELINQUENT AFTER 30 DAYS WILL BE CHARGED 1.5% PER Subtotal 53,471.49 MONTH SERVICE CHARGE ON ALL PAST DUE AMOUNTS Tax Amount 4,865.91 Retainage Held 5,347.15 Total Invoice Amount 52,990.25 THANK YOU FOR YOUR BUSINESS! 2/6/2024 12. Ratification of Emergency Proclamation 2024-01 - Amended Ratificatio... Page 27 of 45 Page 28 of 45 2007 Westport Rd. Phone (350) 268-9231 P.O. Box 600 Fax (360) 268.1454 Aberdeen, WA 98520 Licensed and Bonded 1 BRUMF.CI-114.K4 fiwrrlidd Co||STRUCTION, tNC. INVOICE TO: CITY OF OCEAN SHORES lnvoice Number: 39026 PUBLIC WORKS DEPT, lnvoice Date: o21o2t2021 PO BOX 909 JOB LOCATION: ocEAN SHORES, WA 98569 O S SOUTHERN EROSION WOR Job No Payment Terms P,O, NO, 24-023-80 DUE UPON RECEIPT otv UOM Description Rate Amount CITY OF OCEAN SHORES SOUTHERN EROSION WORK Retainage $7 ,257 .15 ACCOUNTS OELINQUENT AFTER 30 OAYS wlLL BE CHARGEO ,I.5% PER Subtotal 7 ,257.15 MONTH SERVICE CHARGE ON ALL PAST DUE AMOUNTS Tax Amount 0.00 Total lnvoice Amount 7 ,257 .',15 THANK YOU FOR YOUR BUSINESS! 22t2021 12. Ratification of Emergency Proclamation 2024-01 - Amended Ratificatio... Page 29 of 45 Page 30 of 45 City of Ocean Shores AGENDA BILL ------------------------------------------------------------------------------------------------------------------------------------------ COUNCIL MEETING DATE: March 12, 2024 SUBJECT: An Ordinance of the City Council of the City of Ocean Shores, Washington, Establishing Chapter 2.59 of the Ocean Shores Municipal Code, Relating to Standing Committees. CATEGORY: CONSENT AGENDA X ORDINANCE STAFF REPORT PUBLIC COMMUNICATION RESOLUTION PROCLAMATION OLD BUSINESS REQUEST STUDY SESSION X NEW BUSINESS CONSULTANT REPORT OTHER ATTACHMENTS: Ordinance SUMMARY/BACKGROUND: The mayor currently appoints 3 councilmembers to the Public Works Committee and the Finance Committee annually. In addition, direction is given by the mayor to the respective subject matter expert on the city staff to attend and present at the meetings held monthly. The City Council and Mayor have discussed adding a committee related to Public Safety which has been agreed upon by both parties. During the City Council retreat held February 24, 2024, it was noted that having the committee(s) codified would be the most transparent way to reflect expectations for both city staff and the council while also providing the citizens, code that articulate the overall process. EXPENDITURE AMOUNT: N/A AMOUNT BUDGETED: N/A BUDGET MODIFICATION REQUIRED: N/A STAFF RECOMMENDATION: Approve MAYOR'S RECOMMENDATION: Approve PRESENTED BY: Mayor, Frank Elduen (BELOW TO BE COMPLETED BY CITY CLERK’S OFFICE) COUNCIL ACTION: APPROVED CONTINUED DENIED COUNCIL REQUEST FOR INFORMATION: 11-14-07 updated 13. Ordinance An Ordinance of the City of Ocean Shores, Washington, Esta... Page 31 of 45 Page 32 of 45 CITY OF OCEAN SHORES, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OCEAN SHORES, WASHINGTON, ESTABLISHING CHAPTER 2.59 OF THE OCEAN SHORES MUNICIPAL CODE, RELATING TO STANDING COMMITTEES WHEREAS, the purpose of a Standing Committee is to advise the Ocean Shores City Council and the professional staff of the Ocean Shores Finance, Public Works and Public Safety Departments in Ocean Shores; and WHEREAS, the department heads appointed to the Standing Committee by the mayor will report, advise and review relevant and relatable information with the appointees from council to the Standing Committee; and WHEREAS, it would be beneficial to the Council and to the Finance, Public Works and Public Safety Departments to have a Standing Committee, to report the council, and updated the citizens with prevalent information in regards to the departments notated. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OCEAN SHORES, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 2.59 of the Ocean Shores Municipal Code is created to read as follows: Section 2.59.010 – Create. Section 2.59.020 – Purpose. Section 2.59.030 – Membership. Section 2.59.040 – Meetings. Section 2.59.050 – Duties and Responsibilities. Section 2.59.060 – Reports Section 2.59.070 – Staffing. Page 1 of 4 Ordinance No. 13. Ordinance An Ordinance of the City of Ocean Shores, Washington, Esta... Page 33 of 45 Section 2. Chapter 2.59 of the Ocean Shores Municipal Code, shall be amended as follows: 2.59.010 – Created The following standing committees of the mayor are created and established: 1. Finance 2. Public Works 3. Public Safety 2.59.020 – Purpose The standing committee shall function as an advisory body to the council as a whole in reviewing policy matters referred to them by the mayor. The purpose of each committee shall be to review matters within the following subject areas: 1. Finance. The review, analysis and recommendation of financial policy, audit, examine. Review and recommend functions of municipal government, such as council rules and procedures, conflict of interest and ethics issues for public officials; 2. Law enforcement, fire protection, emergency medical treatment, health and safety, environmental health (including the combined county/city health board), animal control, and other questions involving public health, safety, and welfare; 3. Shall include all public utilities, including streets, wastewater treatment plant and collection system, refuse collection and disposal, parks;, building code regulation, all functions of land use planning such as zoning, zoning and comprehensive planning; and generally, coordinate and oversee all matters pertaining to economic development, and planning of capital improvement. 2.59.030 – Membership Each Committee: 1. Shall have a chairperson and at least two other members, to be appointed by the mayor annually upon the reorganization at the first regular meeting of each calendar year. 2. Appointees should represent the community as a whole and not have any political affiliation attached to the appointment. Appointees shall not have an official vote on any matter. Page 2 of 4 Ordinance No. 13. Ordinance An Ordinance of the City of Ocean Shores, Washington, Esta... Page 34 of 45 3. All appointments shall be for one year or the remainder of the calendar year in which the appointment is made. 2.59.040 – Meetings Committees shall meet at the call of the chairperson. The date, time and place of each meeting shall be announced at a preceding regular and notice of the meeting shall be given in compliance with the Washington State Open Public Meetings Act; the foregoing notice requirements shall not prevent the holding of a meeting. All committees are encouraged to meet at least once each month. 2.59.050 – Duties and Responsibilities 1. The committees shall consider, review and make recommendations to the council concerning matters referred to them by the mayor. The mayor, committee chairpersons and boards and commissions are encouraged to suggest items to the council which should be considered by a committee. Whenever any item is referred to a committee, the council should establish a date by which the committee should report back to the council. Each committee shall have general responsibility, to investigate, collect and review appropriate information for the formulation of possible council action and make recommendations to the council. Committees shall not have authority to take any action unless expressly authorized to do so by the affirmative votes of a majority of all council members. 2. In carrying out their duties and responsibilities, the committees shall have the power and authority to examine all records, registers, and papers pertaining to the subject matter under review or consideration. The city officers, department heads, and board and commission chairpersons shall cooperate with and assist the committees in carrying out their duties and responsibilities and in furnishing necessary information, except where prohibited by law; provided, that in the event any city officer, department head or board or commission chairperson deems to release or question information not in the best interest of the city, authority for that release shall be vested in the mayor. 2.59.060 – Reports In the appropriate place on the council agenda, any reports from the standing committee shall be made by the chairperson or an alternate designated by the chairperson. Oral reports shall be sufficient, however, upon approval from the Mayor Pro Tempore, written reports may be furnished. Page 3 of 4 Ordinance No. 13. Ordinance An Ordinance of the City of Ocean Shores, Washington, Esta... Page 35 of 45 2.59.070 – Staffing All requests for staffing requirements for assistance to committees shall be provided by the city administration upon request from the committee to the mayor, or appropriate department head. Section 3. This ordinance shall take effect thirty (5) days after 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. SIGNED: ATTEST: ____________________ ______________________ Frank T. Elduen, Mayor Sara Logan, City Clerk Page 4 of 4 Ordinance No. 13. Ordinance An Ordinance of the City of Ocean Shores, Washington, Esta... Page 36 of 45 City of Ocean Shores AGENDA BILL ------------------------------------------------------------------------------------------------------------------------------------------ COUNCIL MEETING DATE: March 12, 2024 SUBJECT: A Request of the City council of the City of Ocean Shores, Washington Adjusting the 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 X REQUEST STUDY SESSION X NEW BUSINESS CONSULTANT REPORT OTHER ATTACHMENTS: Professional Services Agreement – Amendment No. 2 approved 10.10.2022. Professional Services Agreement – Amendment No. 3 DRAFT 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 change the dates and times currently followed per amendment no. 2 of the contractual agreement. The city is requesting an amendment for broadcasting times on channel 68 for the best experience pertaining to the community involvement and interests. EXPENDITURE AMOUNT: N/A AMOUNT BUDGETED: N/A BUDGET MODIFICATION REQUIRED: N/A STAFF RECOMMENDATION: Approve MAYOR'S RECOMMENDATION: Approve PRESENTED BY: Mayor, Frank Elduen (BELOW TO BE COMPLETED BY CITY CLERK’S OFFICE) COUNCIL ACTION: APPROVED CONTINUED DENIED COUNCIL REQUEST FOR INFORMATION: 11-14-07 updated 14. Request A Request of the City Council of the City of Ocean Shores, W... Page 37 of 45 Page 38 of 45 PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 3 (amendment No. 2 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 Council Meetings; and NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, the parties agree as follows: Section 1: Thursday: 12:00 PM following each regularly scheduled council meetings. Sunday: 10:00 AM following each regularly scheduled council meetings. Special Council Meetings or other City-requested activities shall be shown directly before or after airing Council meetings on Wednesdays and Sundays. Section 2: this amendment shall remain in effect until such time the Council rescinds or replaces with a subsequent Professional Services Agreement. CITY OF OCEAN SHORES NORTH BEACH COMMUNITY T.V. DATE: DATE: ___________________ Page 1 of 2 Amendment No. 3 14. Request A Request of the City Council of the City of Ocean Shores, W... Page 39 of 45 Frank T. Elduen, Mayor Darell Prowse Its:_________________________ CITY OF OCEAN SHORES DATE: __ Sara D. Logan City Clerk Page 2 of 2 Amendment No. 3 14. Request A Request of the City Council of the City of Ocean Shores, W... Page 40 of 45 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 following each regularly scheduled council meetings. Sunday: 7:00 AM following each regularly scheduled council meetings. Special Council Meetings or other City-requested activities shall be shown before airing Council meetings on Wednesdays 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 Amendment No. 2 – 10.10.2022 14. Request A Request of the City Council of the City of Ocean Shores, W... Page 41 of 45 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 Amendment No. 2 – 10.10.2022 14. Request A Request of the City Council of the City of Ocean Shores, W... Page 42 of 45 City of Ocean Shores AGENDA BILL ------------------------------------------------------------------------------------------------------------------------------------------ COUNCIL MEETING DATE: March 12, 2024 SUBJECT: A Request of the City Council of the City of Ocean Shores, Washington, to approve the American Rescue Plan Act Committee (ARPA) recommendation for the Use of American Rescue Plan Act Funding. CATEGORY: CONSENT AGENDA ORDINANCE STAFF REPORT PUBLIC COMMUNICATION RESOLUTION PROCLAMATION OLD BUSINESS X REQUEST STUDY SESSION X NEW BUSINESS CONSULTANT REPORT OTHER ATTACHMENTS: 2024 ARPA Request Funding Sheet & Application Hyperlink SUMMARY/BACKGROUND: The City Council voted previously to allocate $50,000 to be used by local non-profits that will utilize the funds to support the community. A committee was appointed by Mayor, Frank Elduen and that respective committee met on March 4, 2024. The Committee reviewed 8 applications and made recommendations that have been reflected on the 2024 2024 ARPA Request Funding Sheet. The following notations were made per application: Coastal Interpretive Center – Request for database system to become self-sustainable. Denied Good Neighbors Senior Center Association – Request for produce boxes for regular food deliveries. Approved Full Amount - $7,800 North Beach TV – Request for streaming service equipment for local events and meetings. Approved Partial Amount - $20,000 Ocean Shores Food Bank – Request for local food distribution. Approved Partial Amount - $1,352 Ocean Shores Lions Club - Request for park equipment and amenities. Approved Partial Amount Ocean Shores parks & Conservation Foundation – Request for parks maps. Denied Stage West Community Theatre – Request for theatre equipment. Approved Full Amount - $2,616 Success Thru Sports – Request for sports mats for local competitions. Denied 11-14-07 updated 15. Request A Request of the City Council of the City of Ocean Shores, W... Page 43 of 45 Notes: Lions Club Lease - to the maintenance responsibilities for all equipment on the premises in Section 10 falling on the Lions Club, they also have the responsibility for “the value of the park equipment, and maintenance and repair of such equipment as incurred by Tenant” under Section 4(A)(C), which allocates the fee offset for the rent. Playground equipment is not directly addressed in the lease, is the “park equipment” contemplated in the lease separate from playground equipment? While it is not ideal from a potential liability and cost perspective to provide playground equipment when the City had to remove such equipment due to a failure to maintain, it is not legally prohibited by the lease. If the Council approves of the funding, I recommend the City allocate such funding for the Lions Club to complete the purchase of the equipment and install it (otherwise the City may be required to follow procurement and prevailing wage requirements) and have the Lions Club sign a separate agreement related to the playground equipment specifically accepting all liability for it. I assume the City has separate ARPA contracts so we can add in the necessary provisions to such a contract. Success Thru Sports – recommended applying for LTAC funding. Ocean Shores Parks & Conservation Foundation – recommended applying for LTAC funding. EXPENDITURE AMOUNT: $50,000 AMOUNT BUDGETED: $50,000 BUDGET MODIFICATION REQUIRED: 003.180.000.565.10.49.01 STAFF RECOMMENDATION: MAYOR'S RECOMMENDATION: PRESENTED BY: Councilmember & Committee Chair, Alison Cline (BELOW TO BE COMPLETED BY CITY CLERK’S OFFICE) COUNCIL ACTION: APPROVED CONTINUED DENIED COUNCIL REQUEST FOR INFORMATION: 11-14-07 updated 15. Request A Request of the City Council of the City of Ocean Shores, W... Page 44 of 45 2024 American Rescue Plan Act Committee 2024 Beginning Fund Balance $50,000 Other Request Request Recommendation Coastal Interpertive Center $10,000 $0.00 Good Neighbors Senior Center Association $7,800 $7,800 North Beach TV $28,725 $20,000 Ocean Shores Food Bank $50,000 $1,352 Ocean Shores Lions Club $32,301.82 $18,232 Ocean Shores Parks & Conservation Foundation $7,373.95 $0.00 Stage West Community Theatre $2,616 $2,616 Success Thru Sports $24,435.13 $0.00 Total $163,252 $50,000 15. Request A Request of the City Council of the City of Ocean Shores, W... Page 45 of 45

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