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 Thursdays at 12:00 PM and Sundays at 10:00 AM on channel 68. Audio recordings are archived at KOSW 88.9 Radio Ocean Shores Convention Tuesday Center April 9, 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 Announcements 1. Board and Committee Vacancies Three vacancies on the Planning Commission, two vacancies on the Parks Board, four vacancies on the Fresh Waterways Advisory Board, and one vacancy on the Library Board of Trustees. Boards, Committees and Commissions information and application Page 1 of 39 Page Appointments 2. Mayor to appoint Jeffrey Byerly and Shelly Johnson to the Parks Board with Council consensus. Other Reports 3. Rake Force Biochar Scotch Broom Pilot Project Overview  Presented by: Fire Chief, Brian Ritter and Jake Dailey Public Communication to Council - 3 Minutes 5 4. 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) 04.09.2024 Staff Report 7 - 10 5. City Administrator Report  Presented by: City Administrator, Scott Andersen Council Liaison Reports & Council Committee Reports Mayor's Report Consent Agenda 11 - 14 6. Approval of minutes for the Regular City Council Meeting on March 26, 2024. 7. Approval of Claims. Old Council Business New Council Business 15 - 21 8. 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 Page 2 of 39 Page  Council Questions and Discussion  Council Action 23 - 28 9. An Ordinance of the City Council of the City of Ocean Shores, Washington, Amending Section 8.20.100 of the Ocean Shores Municipal Code Pertaining to Permitted Animal Trapping Activities; Amending Section 6.04.031 and 6.04.110 of the Ocean Shores Municipal Code Pertaining to Nuisance Animals and Animal Care; Providing Severability; and Establishing an Effective Date.  Presented by: City Administrator, Scott Andersen and City Attorney, Kendra Rosenberg  First Reading  Public Comment  Council Questions and Discussion  Council Action 29 - 39 10. Request A Request of the City Council of the City of Ocean Shores, Washington, to Award the Chinook Park Fence and ADA Parking Space Work to KR Homes.  Presented by: Project Manager, Becky Leach  Public Comment  Council Questions and Discussion  Council Action Discussion Executive Session Agenda Review Committee 11. April 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 3 of 39 Page 4 of 39  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 April 9, 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 April 9 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 4. The City Council desires to allow the opportunity for public comment.... Page 5 of 39 Page 6 of 39  City Administrator Report Ocean Shores City Council Meeting (9 April 2024) • Kimley Horn Streets Master Plan Kimley Horn, who is conducting our 5-year streets Master Plan, will be up here in a vehicle to drive all of our City streets to create a digital record. The data collection vehicle will traverse all of the streets of Ocean Shores documenting pavement conditions where stripping is needed and places where the City might consider placing additional signage. The process of data collection should begin in about one to two weeks, and it will take roughly three weeks to get a complete record of the analyzed data. This is a big step forward in creating a reliable master plan for our City streets and will help the Ocean Shores Public Works Department prioritize where to invest in road improvements. • Draft 2024 Comprehensive Parks and Recreational Plan � � Attention all residents and stakeholders of Ocean Shores! The City of Ocean Shores is excited to announce that we are seeking public comment on the draft 2024 Comprehensive Parks and Recreational Plan. This plan aims to enhance the quality of life for our community by improving and expanding our parks, recreational facilities, and green spaces. We value your input and want to ensure that the plan reflects the needs and desires of our residents. This 30-day comment period provides an opportunity for your voice to be heard and your ideas to be considered by the City, Parks Board, and City Council. 1 5. City Administrator Report Presented by: City Administrator, Scott And... Page 7 of 39  Your valuable feedback will help shape the final version of the Comprehensive Plan, which will be presented to the City Council for a first reading on April 23, 2024. � Comment Period: April 8, 2024 to May 8, 2024 � How to Provide Feedback: - Attend the public hearing on April 23, 2024, at the Ocean Shores Convention Center to express your thoughts in person. - Email your comments to publiccomment@osgov.com - Mail your written comments to PO Box 909, Ocean Shores, WA 98569 Attention City Clerk by May 8, 2024, at 4:00 PM We encourage everyone to participate and share their insights, suggestions, and concerns about the draft 2024 Comprehensive Parks and Recreational Plan. Your input is vital in shaping the future of our city's parks and recreational facilities. Thank you for your participation and commitment to making Ocean Shores an even better place to live, work, and play! Visti www.osgov.com to review the draft plan Spring Cleanup: The City of Ocean Shores will hold its annual Spring Clean-up from April 24 through April 28, 2024 Hours Open: 2 5. City Administrator Report Presented by: City Administrator, Scott And... Page 8 of 39  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. Refrigerators/freezers must be Freon free and without the compressor. 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 pickup. Traffic Tickets Explained: The legal framework for revenue related to the operations of the municipal court is set forth in RCW 3.50.100 and RCW 46.63.110 for traffic infractions specifically. Under OSMC 2.28.140 the Court is to follow chapter 46.63 RCW, which should include the proscribed schedule for monetary penalties in RCW 46.63.110. Washington Courts depict the amount of state remittance on top of the City base fines consistent with RCW 46.63.110(7). 3 5. City Administrator Report Presented by: City Administrator, Scott And... Page 9 of 39  That said, there are certain items that might pertain to traffic infraction related matters we are allowed to adjust and keep the revenue within the City. Three (3) examples are (1.) Warrant Fees where we are allowed to keep $100 in order to quash a warrant, (2.) Administrative Court costs and fees go straight to the City, (3.) and deferred traffic infractions are kept in the City. In short, we cannot adjust traffic infraction fees as they are set by statute, but there are select fees we are allowed to keep if entered into the system correctly, a process that our current court administrator presently doing. END 4 5. City Administrator Report Presented by: City Administrator, Scott And... Page 10 of 39  REGULAR CITY COUNCIL MEETING MINUTES March 26, 2024 Call to Order: Mayor Frank Elduen called the Regular City Council Meeting to order at 6:00 p.m., at the Ocean Shores Elementary School. 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 Thursdays at 12:00 p.m. and Sunday at 10:00 a.m. Elected Officials present: Mayor, Elduen, and Councilmembers, Siers, Taylor, Griebel, Cline, Scott, Wills, and Hartman. City Staff present: Police Chief, Neccie Logan, City Administrator, Scott Andersen, and City Clerk, Sara D. Logan. Others present: None Roll Call: City Clerk Logan called roll. Pledge of Allegiance: Councilmember Taylor led the Pledge of Allegiance. Meeting Agenda Recording #00:01:24– Councilmember Scott made a motion to Approval: approve the meeting agenda. Councilmember Taylor seconded the motion. The motion passed with 7 yes votes. Ceremonies and Proclamations: None. Announcements: Mayor Elduen announced three vacancies on the Planning Commission, two 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. . Appointments: Mayor Elduen appointed Patrick Wendlandt with Council consensus. Other Reports: Library Board of Trustees Member, Jeni Cate gave the Ocean Shores Library report. Councilmember, Rich Hartman gave the monthly Ocean Shores Golf Course report. Public Communication: Paula Gratzer commented on Greater Grays Harbor. Lillian Broadbent commented on methodology. Connie Clifford commented on life in Ocean Shores. Jan Hiatt commented on the Razor Clam Festival. Nancy Milliman gave a thank you. Joe DeVore commented on Duck Lake. _____________________________________________________________________________ 03.26.2024 Regular City Council Meeting Page 1 of 4 6. Approval of minutes for the Regular City Council Meeting on March 26,... Page 11 of 39  REGULAR CITY COUNCIL MEETING MINUTES March 26, 2024 James Pace gave a thank you. Shari Dooley commented on no reports being unacceptable. James Sherry commented on beach access after sand removal. Staff Report: City Administrator, Scott Andersen reported on the Erosion at the Southend, the Pocket Park, Sidewalk Connection to the Shilo, Chinook Playground, Whale sculpture, the North Jetty Project, Spring Cleanup, and the Annual Easter Egg Hunt. Council Liaison Councilmember Siers reported attending the Radio Board Reports & Council Meeting and signing warrants. Committee Reports: Councilmember Hartman reported attending the Agenda Review Committee Meeting, the Ocean Shores Golf Course Meeting, arranging the Lodging Tax Advisory Committee Meeting. Councilmember Cline reported attending the Agenda Review Committee Meeting, the Public Works Committee Meeting, and reviewing Council Guidelines for the Ad Hoc Committee. Councilmember Scott reported attending the Public Works Committee Meeting, the Grays Harbor Council of Governments Meeting, the Agenda Review Committee Meeting, and signing warrants. Councilmember Taylor reported attending the Public Works Committee Meeting and the Finance Committee Meeting. Councilmember Wills reported attending the Town Hall. Councilmember Griebel reminded everyone that the Library Board of Trustees Meetings are held every other month. Mayor’s Report: Mayor Elduen announced the upcoming Town Hall, Robinson and Noble drinking water investigation beginning, meeting with Tom Jensen of Harbor Regional Health, installation of stops signs on Dolphin, Vertical Evacuation Tower design commencing, traffic fines ordinance, trapping ordinance, motor oil recycling center opening, dog kennel and foster home volunteers needed. Consent Agenda: Recording #00:51:53– Councilmember Cline made a motion to approve the Consent Agenda. Councilmember Scott seconded the motion. The motion passed with 7 yes votes. The Consent Agenda included: 1. Approval of minutes for the March 12, 2024 Regular City Council Meeting. 2. Approval of Accounts Payable Warrants #185557 through #185667 in the amount of $305,077.64 dated March 2024. 3. Approval of Payroll Payable Warrants #803827 through #803842 in the amount of $217,625.46 dated March 2024. 4. Approval of Payroll Warrants #706529 through #706536 in the amount of $10,498.07 and ACH deposits in the amount of $260,460.81, totaling $270,958.88 dated March _____________________________________________________________________________ 03.26.2024 Regular City Council Meeting Page 2 of 4 6. Approval of minutes for the Regular City Council Meeting on March 26,... Page 12 of 39  REGULAR CITY COUNCIL MEETING MINUTES March 26, 2024 2024. 5. Approval of Treasurer Checks #13660 through #13670 in the amount of $5,876.68 dated March 2024. Old Council Business: None. New Council Business: Ordinance 1113 An Ordinance of the City of Ocean Shores, Washington, OSMC Chapter Establishing Chapter 2.59 of the Ocean Shores Municipal Code, 2.59 Standing Relating to Standing Committees. Committees: There was no public comment There were no Council Questions and Discussion Recording #00:52:56– Councilmember Scott made a motion to approve an Ordinance of the City of Ocean Shores, Washington, Establishing Chapter 2.59 of the Ocean Shores Municipal Code, Relating to Standing Committees. Councilmember Cline seconded the motion. The motion passed with 7 yes votes. Request A Request of the City Council of the City of Ocean Shores, Awarding Fresh Washington, Awarding the Fresh Waterways Management Plan Waterways to Herrera Environmental Consultants. Management Plan Herrera There was public comment Environmental There were Council Questions and Discussion Consultants Approved: Recording #01:03:40– Councilmember Cline made a motion to approve a Request of the City Council of the City of Ocean Shores, Washington, Awarding the Fresh Waterways Management Plan to Herrera Environmental Consultants. Councilmember Wills seconded the motion. The motion passed with 7 yes votes. Discussion: None. Executive None. Session: Agenda Review: Mayor Pro Tem Scott assigned Councilmembers Scott, Hartman and Wills to Agenda Review on Thursday, March 14, 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 7:04 p.m. _____________________________________________________________________________ 03.26.2024 Regular City Council Meeting Page 3 of 4 6. Approval of minutes for the Regular City Council Meeting on March 26,... Page 13 of 39  REGULAR CITY COUNCIL MEETING MINUTES March 26, 2024 Signed: ________________________________ Frank T. Elduen, Mayor Attest: ________________________________ Sara D. Logan, City Clerk _____________________________________________________________________________ 03.26.2024 Regular City Council Meeting Page 4 of 4 6. Approval of minutes for the Regular City Council Meeting on March 26,... Page 14 of 39  City of Ocean Shores AGENDA BILL ------------------------------------------------------------------------------------------------------------------------------------------ COUNCIL MEETING DATE: April 9, 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, Monthly Expenditure Report – General Fund/Erosion Repairs 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 $82,000 to $152,000. 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 MAYOR'S RECOMMENDATION: Approve 11-14-07 updated 8. Ratification of Emergency Proclamation 2024-01 - Amended Ratification... Page 15 of 39  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 8. Ratification of Emergency Proclamation 2024-01 - Amended Ratification... Page 16 of 39  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 8. Ratification of Emergency Proclamation 2024-01 - Amended Ratification... Page 17 of 39  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 $ $152,000; 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 8. Ratification of Emergency Proclamation 2024-01 - Amended Ratification... Page 18 of 39 8. Ratification of Emergency Proclamation 2024-01 - Amended Ratification... City of Ocean Shores Monthly Expenditure Report Month/Year: 01 to 12, 2024 Prior Period M.T.D. B.T.D. % of Unexpended Account Number Description Balance Expenditures Expenditures Appropriated Total Balance 001 EXPENSE GENERAL FUND 001-145 CITY HALL 001-145-000-553-50-48-01 Erosion Repairs 1/25/2024 141 AP 814500 - United Rentals (North America) Inc. Ck# 185257 1,146.70 1/25/2024 141 AP 1002215 - Mott Macdonald Group Inc. Ck# 185239 26,053.84 2/8/2024 41 AP 814500 - United Rentals (North America) Inc. Ck# 185340 6,365.00 2/8/2024 41 AP 132000 - Sound Publishing, Inc. Ck# 185335 110.21 2/15/2024 87 AP 1001334 - Brumfield Construction, Inc. Ck# 185355 52,990.25 2/15/2024 87 AP 1001334 - Brumfield Construction, Inc. Ck# 185355 18,928.10 2/15/2024 87 AP 1001334 - Brumfield Construction, Inc. Ck# 185355 41,095.99 3/6/2024 25 AP 814500 - United Rentals (North America) Inc. Ck# 185548 4,333.69 Total Erosion Repairs 0.00 151,023.78 151,023.78 500,000.00 30.20 348,976.22 TOTAL 001-145: CITY HALL 0.00 151,023.78 151,023.78 500,000.00 30.20 348,976.22 Page 19 of 39 Print Date: 03/26/2024 - 11:38 AM Page 1 8. Ratification of Emergency Proclamation 2024-01 - Amended Ratification... Prior Period M.T.D. B.T.D. % of Unexpended Account Number Description Balance Expenditures Expenditures Appropriated Total Balance 001 FUND TOTALS: 0.00 151,023.78 151,023.78 500,000.00 30.20 348,976.22 Page 20 of 39 Print Date: 03/26/2024 - 11:38 AM Page 2 8. Ratification of Emergency Proclamation 2024-01 - Amended Ratification... Prior Period M.T.D. B.T.D. % of Unexpended Account Number Description Balance Expenditures Expenditures Appropriated Total Balance Report Totals: 0.00 151,023.78 151,023.78 500,000.00 30.20 348,976.22 Page 21 of 39 Print Date: 03/26/2024 - 11:38 AM Page 3 Page 22 of 39  City of Ocean Shores AGENDA BILL ------------------------------------------------------------------------------------------------------------------------------------------ COUNCIL MEETING DATE: April 9, 2024 SUBJECT: An Ordinance of the City Council of the City of Ocean Shores, Washington, amending section 8.20.100 of the Ocean Shores Municipal Code pertaining to permitted animal trapping activities, and amending sections 6.04.031 and 6.04.110 of the Ocean Shores Municipal Code pertaining to nuisance animals and animal care; providing severability; and establishing an effective date. CATEGORY: CONSENT AGENDA X ORDINANCE STAFF REPORT PUBLIC COMMUNICATION RESOLUTION PROCLAMATION OLD BUSINESS REQUEST STUDY SESSION X NEW BUSINESS CONSULTANT REPORT OTHER ATTACHMENTS: Proposed Ordinance of the City of Ocean Shores, Washington SUMMARY/BACKGROUND: Community volunteers have traditionally helped locate lost pets and sought to return them to their owners. This ordinance would allow for such activities to be lawfully permitted under the specific procedural conditions listed herein. EXPENDITURE AMOUNT: -0- AMOUNT BUDGETED: NA BUDGET MODIFICATION REQUIRED:NA STAFF RECOMMENDATION: Approve PRESENTED BY: Scott Andersen, City Administrator & City Attorney, Kendra Rosenberg (BELOW TO BE COMPLETED BY CITY CLERK’S OFFICE) COUNCIL ACTION: APPROVED CONTINUED DENIED COUNCIL REQUEST FOR INFORMATION: 11-14-07 updated 9. An Ordinance of the City Council of the City of Ocean Shores, Washing... Page 23 of 39 Page 24 of 39  CITY OF OCEAN SHORES WASHINGTON ORDINANCE NO. XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OCEAN SHORES, WASHINGTON, AMENDING SECTION 8.20.100 OF THE OCEAN SHORES MUNICIPAL CODE PERTAINING TO PERMITTED ANIMAL TRAPPING ACTIVITIES, AND AMENDING SECTIONS 6.04.031 AND 6.04.110 OF THE OCEAN SHORES MUNICIPAL CODE PERTAINING TO NUISANCE ANIMALS AND ANIMAL CARE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, it has been the policy of the City of Ocean Shores since 1976 to completely prohibit all animal trapping within city limits, which policy is codified in Section 8.20.100, Ocean Shores Municipal Code; and WHEREAS, the current blanket prohibition on trapping is overly broad and may impede even routine pest control, such as the everyday use of ordinary household mouse and rat traps, or the use of humane traps to recapture runaway or lost dogs and cats; and WHEREAS, the trapping of “wildlife,” defined in RCW 77.08.010 as including “all species of the animal kingdom whose members exist in Washington in a wild state,” but excluding “feral domestic mammals” and “old world rats and mice of the family Muridae of the order Rodentia,” is already regulated by the State Department of Fish and Wildlife and the Fish and Wildlife Commission; and WHEREAS, in addition to recognizing small rodent traps as a permissible form of pest control and in furtherance of the overall public health, the City Council wishes to clarify that humane, non-lethal cage traps may be used in the capture and impoundment of nuisance animals, which activity is already generally permitted under the City’s Animal Control Ordinance, Chapter 6.04 of the Ocean Shores Municipal Code; and WHEREAS, the City Council also desires to expressly permit the usage of humane traps for the recovery of a lost or missing pet by the pet’s owner, or the owner’s designee, subject to certain conditions; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OCEAN SHORES, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 8.20.100, Ocean Shores Municipal Code, amended. The City Council hereby amends Section 8.20.100 of the Ocean Shores Municipal Code to read as follows: 8.20.100 Trapping Prohibited, Exceptions. Page 1 of 4 Ordinance No. XXXX 9. An Ordinance of the City Council of the City of Ocean Shores, Washing... Page 25 of 39  The city council recognizes that the practice of trapping for animals is very hazardous in an area where families reside and businesses are carried on, and declares that it is the policy of the city to prohibit trapping of any nature whatsoever within the city limits. A. No person shall use any lethal or non- lethal trap, or permit the same to be used on any property under their ownership or control, for the purpose of capturing, injuring, killing or harming in any way any “wildlife” as defined in RCW 77.08.010, as amended. B. The use of traps, whether lethal or non-lethal, for control of pests such as old world rats and mice of the family Muridae of the order Rodentia, is expressly permitted. Humane, non-lethal traps only may be used for the following: 1. The impoundment of pets or other domestic animals that are deemed to be “nuisance animals” pursuant to OSMC Section 6.04.031; 2. The recovery of lost or missing pets, in accordance with OSMC Section 6.04.110(K). Section 2. Section 6.04.031, Ocean Shores Municipal Code, amended. The City Council hereby amends Section 6.04.031 of the Ocean Shores Municipal Code to read as follows: 6.04.031 Nuisance animals. A. No owner or person having the care, custody or control of an animal shall fail to exercise proper care and control of his/her animal to prevent it from becoming a nuisance as defined in Section 6.04.010. B. Upon the written complaint of any party that any pet or other domestic animal is trespassing upon the premises or property of the complaining party and thereon doing substantial damage to property, trees, shrubs, lawns or gardens, or creating a substantial nuisance that disturbs the repose of any person, and upon the animal control officer finding probable cause exists that the complaint is valid, the animal control officer may humanely trap or detain such pet or domestic animal or allow the owner of the property to humanely trap or detain such pet or domestic animal. Such trapped animals shall be impounded by the animal control authority and disposed of in accordance with this chapter 6.04. Section 3. Section 6.04.110, Ocean Shores Municipal Code, amended. The City Council hereby amends Section 6.04.110 of the Ocean Shores Municipal Code to read as follows: 6.04.110 Animal care. A. Dogs or cats kept outdoors for more than three hours at one time must be provided with a moisture-proof, wind-proof shelter, the size of which allows the animal to turn around freely, and to easily sit, stand and lie down in a normal position and which keeps the animal clean, dry and comfortable. B. Every owner shall provide his or her animal with sufficient good and wholesome food, water, and veterinary care when needed to prevent suffering, and with humane care and treatment. Page 2 of 4 Ordinance No. XXXX 9. An Ordinance of the City Council of the City of Ocean Shores, Washing... Page 26 of 39  C. Any person who, while operating a motor vehicle, strikes a domestic animal shall immediately report such injury or death to the animal’s owner, if known, and contact the animal control officer or police department. D. No person shall allow any animal to ride in the back of any moving open-bed vehicle unless that animal is properly secured in a crate or tied in a manner so that it cannot jump or fall out of the vehicle. E. No person shall abandon any domestic animal by dropping off or leaving the animal in the street, road, or highway, or on any other public or private property. Puppies or kittens brought in as abandoned shall immediately become property of the city and, at the discretion of the animal control authority, may be made available for adoption. F. No person shall willfully provoke, tease, molest, mistreat, or injure any animal. G. No animal shall be confined in or on a motor vehicle at any location under such conditions as may endanger the health or well-being of the animal, including but not limited to extreme temperatures, lack of food, water, and adequate ventilation. Any animal control officer or peace officer is authorized to remove any animal from a motor vehicle at any location, when he/she reasonably believes it is confined in the conditions described above. Any such animal shall be impounded and delivered to the animal shelter after the officer leaves written notice of such removal and delivery, including the officer’s name, in a conspicuous, secure location on or within the vehicle. H. No owner of any animal shall keep the same on any undeveloped lot within the corporate limits of the city, even if the lot belongs to the owner of that animal, provided the animal is not on that lot temporarily with an owner/camper. I. Any unwanted dog or cat may be taken to animal control by the owner. The owner shall sign a custody release form giving the city full custody of the animal. Animal control will then place the animal for adoption or may transfer it to PAWS for adoption. If the animal cannot be adopted due to age, health, or temperament, it may be humanely euthanized. If the owner of the animal is a resident of the city, the owner shall pay a twenty-five dollar fee to defray the cost of feeding and care. If the owner of the animal is a nonresident of the city, the owner shall pay a fee of fifty dollars. If financial hardship is the cause for relinquishment, and said financial hardship is documented to the satisfaction of the animal control authority, said fee will be waived. J. Violations of subsection (A), (B), (D), (E), (F), or (G) of this section shall be Class A offenses pursuant to Section 7.01.050. K. The owner of any dog or cat that is lost or missing may use a cage trap or similar humane trap to assist in the recovery of the animal, or designate another person or organization to employ the trap on their behalf, subject to the following requirements: 1. The trap may only be placed on the owner’s property, or on other private property with the express, prior permission of the property owner; Page 3 of 4 Ordinance No. XXXX 9. An Ordinance of the City Council of the City of Ocean Shores, Washing... Page 27 of 39  2. The trap must be equipped with, or used in conjunction with, a functioning video camera capable of transmitting a live video feed that may be viewed remotely, which shall be continuously monitored at all times during which the trap is deployed; 3. Any animal caught in the trap must be released within two hours of its capture; 4. No trap may be left on the same property for more than 72 hours; and 5. If any animal is injured by the operation of the trap, the person who placed the trap must immediately contact the animal control officer to report the injury. Section 4. Severability. Should any portion of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. Section 5. Effective Date. This Ordinance shall be published in the official newspaper of the City and shall take effect and be in full force five (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. XXXX 9. An Ordinance of the City Council of the City of Ocean Shores, Washing... Page 28 of 39  City of Ocean Shores AGENDA BILL COUNCIL MEETING DATE: 4/9/2024 SUBJECT: A request of the City Council of Ocean Shores to award the sidewalk, fence and ADA parking space work to KR Homes. CATEGORY: CONSENT AGENDA ORDINANCE STAFF REPORT PUBLIC COMMUNICATION RESOLUTION PROCLAMATION OLD BUSINESS ✔ REQUEST STUDY SESSION ✔ NEW BUSINESS CONSULTANT REPORT PUBLIC HEARING OTHER ATTACHMENTS: Bid Tabs, Estimates, KR Homes Bid, Plan and Photos, Chinook Park Financial Recap SUMMARY/BACKGROUND: The Chinook Park Playground is requiring that an ADA sidewalk is installed from the parking lot to the playground. The work includes an ADA parking space with markings and signs, a sidewalk connecting to the current sidewalk to the playground with a ramp up to the playground. The work also includes a sidewalk connecting to the current sidewalk that will go to a newly installed ADA swing and a fence to be built around the ADA swing. The project was bid so that the City would have the option to choose between an asphalt or a concrete sidewalk, while staying in the remaining funds allocated to Chinook Park. 8 bids were received. It is recommended that a concrete sidewalk is installed because it will last longer and require less maintenance than an asphalt sidewalk. 8 bids were received. KR Homes bid the lowest concrete sidewalk that is within the remaining budget for Chinook Park. The request is for $41,881.96. The estimate was $49,089. A budget amendment is needed to move funds from the Chinook Park Dog Park to the Chinook Park Improvements. There will be approximately $17,000 remaining for the park in ARPA funds at the conclusion of this project and installation of the playground. EXPENDITURE AMOUNT: $41,881.96 AMOUNT BUDGETED: $41,881.96 BUDGET MODIFICATION REQUIRED: YES 003-001-000-594-76-63-00 more remaining $20,190.49 to 003-001-000-594-76-63-01 for project. PRESENTED BY: Becky Leach (BELOW TO BE COMPLETED BY CITY CLERK’S OFFICE) COUNCIL ACTION: APPROVED CONTINUED DENIED COUNCIL REQUEST FOR INFORMATION: 10. Request A Request of the City Council of the City of Ocean Shores, W... Page 29 of 39 Page 30 of 39 10. Request A Request of the City Council of the City of Ocean Shores, W... CITY OF OCEAN SHORES INVITATION TO BID BID NAME: Chinook Park Playground Parking and Sidewalk 24PW-21 DUE DATE: March 25th, 2024, 3:00PM Base Bid w/tax Bid Option w/tax BIDDER NAME 1. Slateco $38,845.05 $48,478.58 2. TMC Contractors LLC $39,125.46 $42,248.49 3. Rognlins, Inc $47,377.77 $42,278.43 4. KR Homes $48,479.22 $41,881.96 5. Brumfield Construction $49,093.59 $53,456.98 6. Exo Contracting $49,876.91 $46,634.63 7. Lee Contractors $56,224.69 $72,033.28 8. Simmons & Sons Contracting, Inc $57,932.21 $75,990.95 APPARENT LOW BIDDER: Slateco Base Bid: $38,845.05 KR HOMES Bid Option: $41,881.96 FACTORS OF AWARD: The following criteria will be utilized in the evaluation of the bid: The price, including the effect of discounts. Price may be determined by life cycle costing or total cost bidding, when advantageous to the Purchaser. (*) The quality of The items bid, their conformity to specifications and The purpose for which they are required. (*) (+) The Bidder's ability to provide prompt and efficient service and/or delivery. The character, integrity, reputation, judgment, experience and efficiency of the Bidder. The quality of performance of previous contracts or services. The previous and existing compliance by the Bidder with the laws relating to the contract or services BASIS OF AWARD: Award of contract or purchase, when made, will be to the Bidder whose bid is the most favorable to the Purchaser, taking into consideration price and the other evaluation factors. STATE CONTRACTS WHERE APPLICABLE WILL BE CONSIDERED AS A BID. The City Council shall make the award of contract or purchase. Unsuccessful Bidders will not automatically be notified of bid results Page 31 of 39 Page 32 of 39 10. Request A Request of the City Council of the City of Ocean Shores, W... Project Name: Ocean Shores Chinook Park Client Name: Ocean Shores Total Budget hidden SCJ Project No.: 2" Asphalt Conc. $100,000 Estimate Level: Concept Remaining Funds Date: 3/5/2024 $59,554 BID ITEM WSDOT STD TOTAL Schedule A ITEM DESCRIPTION UNIT UNIT PRICE TOTAL NO. ITEM NO. QUANTITY Roadway GRADING 1 0310 ROADWAY EXCAVATION INCL. HAUL C.Y. $ 200.00 16.5 16.5 $ 3,296 Subtotal: $3,296 $ 3,296 SURFACING 2 5120 CRUSHED SURFACING TOP COURSE TON $ 250.00 20.8 20.8 $ 5,192 Subtotal: $5,192 $ 5,192 HOT MIX ASPHALT 3 5767 HMA CL. 1/2 IN. PG 64-22 TON $ 1,000.00 9.2 9.2 $ 9,197 Subtotal: $9,197 $ 9,197 TRAFFIC 4 6806 PAINT LINE L.F. $ 2.00 100.0 100.0 $ 200 5 6871 PLASTIC TRAFFIC LETTER EACH $ 250.00 1.0 1.0 $ 250 6 6890 PERMANENT SIGNING L.S. $ 500.00 1.0 1.0 $ 500 Subtotal: $950 $ 950 OTHER ITEMS 7 7055 CEMENT CONC. SIDEWALK S.Y. $ 250.00 44.4 44.4 $ 11,111 8 7083 CHAIN LINK FENCE TYPE 3 L.F. $ 50.00 124.0 124.0 $ 6,200 9 7097 END, GATE, CORNER, AND PULL POST FOR CHAIN LINK FENCE EACH $ 500.00 6.0 6.0 $ 3,000 10 7100 SINGLE 6 FT. CHAIN LINK GATE EACH $ 1,500.00 1.0 1.0 $ 1,500 Subtotal: $21,811 $ 21,811 Subtotal Subtotal Subtotal Construction: $40,446 $ 40,446 TOTAL CONSTRUCTION: $40,446 $ 40,446 Page 33 of 39 10. Request A Request of the City Council of the City of Ocean Shores, W... Project Name: Ocean Shores Chinook Park Client Name: Ocean Shores Total Budget hidden SCJ Project No.: 4" Cement Conc. $100,000 Estimate Level: Concept Remaining Funds Date: 3/5/2024 $50,911 BID ITEM WSDOT STD TOTAL Schedule A ITEM DESCRIPTION UNIT UNIT PRICE TOTAL NO. ITEM NO. QUANTITY Roadway GRADING 1 0310 ROADWAY EXCAVATION INCL. HAUL C.Y. $ 200.00 16.5 16.5 $ 3,296 Subtotal: $3,296 $ 3,296 SURFACING 2 5120 CRUSHED SURFACING TOP COURSE TON $ 250.00 13.0 13.0 $ 3,240 Subtotal: $3,240 $ 3,240 HOT MIX ASPHALT 3 5767 HMA CL. 1/2 IN. PG 64-22 TON $ 1,000.00 0.0 0.0 $ - Subtotal: $0 $ - TRAFFIC 4 6806 PAINT LINE L.F. $ 2.00 100.0 100.0 $ 200 5 6871 PLASTIC TRAFFIC LETTER EACH $ 250.00 1.0 1.0 $ 250 6 6890 PERMANENT SIGNING L.S. $ 500.00 1.0 1.0 $ 500 Subtotal: $950 $ 950 OTHER ITEMS 7 7055 CEMENT CONC. SIDEWALK S.Y. $ 250.00 123.6 123.6 $ 30,903 8 7083 CHAIN LINK FENCE TYPE 3 L.F. $ 50.00 124.0 124.0 $ 6,200 9 7097 END, GATE, CORNER, AND PULL POST FOR CHAIN LINK FENCE EACH $ 500.00 6.0 6.0 $ 3,000 10 7100 SINGLE 6 FT. CHAIN LINK GATE EACH $ 1,500.00 1.0 1.0 $ 1,500 Subtotal: $41,603 $ 41,603 Subtotal Subtotal Subtotal Construction: $49,089 $ 49,089 TOTAL CONSTRUCTION: $49,089 $ 49,089 Page 34 of 39  PROPOSAL SHEET (page one of four) BID NAME: CHINOOK PARK PLAYGROUND PARKING AND SIDEWALK BID # 24PW-21 BASE BID, 2” ASPHALT SIDEWALK BID WSDOT TOTAL SCHEDULE A ITEM DESCRIPTION UNIT UNIT PRICE TOTAL ITEM NO STD ITEM QTY ROADWAY GRADING 310 ROADWAY EXCAVATION INC. 1 HAUL C.Y $ 348.00 16.5 16.5 $ 5742.00 SUBTOTAL GRADING $ 5742.00 SURFACING 5120 CRUSHED SURFACING TOP 2 COURSE TON $ 322.00 20.8 20.8 $ 6697.6 SUBTOTAL SURFACING $ 6697.60 HOT MIX ASPHALT 3 5767 HMA CL. 1/2 IN. PG 64-22 TON $ 925.00 9.2 9.2 $ 8510.00 SUBTOTAL HOT MIX 8510.00 ASPHALT $ TRAFFIC 4 6806 PAINT LINE L.F $ 19.35 100 100 $ 1935.00 1465.00 5 6871 PLASTIC TRAFFIC LETTERS EACH $ 1465.00 1 1 $ 6 6890 PERMANENT SIGNING L.S $ 1065.00 1 1 $ 1065.00 SUBTOTAL TRAFFIC $ 4465.00 OTHER ITEMS 7055 CEMENT CONCRETE ADA 7 SPACE S.Y. $200.45 44.4 44.4 $ 8899.98 8 7083 CHAIN LINK FENCE TYPE 3 L.F $ 60.00 124 124 $ 7440.00 7097 END, GATE, CORNER, AND PULL POST FOR CHAIN LINK 9 FENCE EACH $ 241.00 6 6 $ 1446.00 7100 1235.00 1235.00 10 SINGLE 6 FT. CHAIN LINK GATE EACH $ 1 1 $ SUBTOTAL OTHER ITEMS $ 19020.98 SUBTOTAL BASE BID $ 44,435.58 TAX 9.1% $ 4,4043.64 TOTAL BASE BID $ 48,479.22 5 10. Request A Request of the City Council of the City of Ocean Shores, W... Page 35 of 39  PROPOSAL SHEET (page two of four) BID NAME: CHINOOK PARK PLAYGROUND PARKING AND SIDEWALK BID # 24PW-21 BID OPTION, 4” CONCRETE SIDEWALK WSDOT BID ITEM TOTAL SCHEDULE A STD ITEM DESCRIPTION UNIT UNIT PRICE TOTAL NO QTY ROADWAY ITEM GRADING 310 ROADWAY EXCAVATION INC. 1 HAUL C.Y $ 348.00 16.5 16.5 $ 5742.00 SUBTOTAL GRADING $ 5742.00 SURFACING 5120 CRUSHED SURFACING TOP 2 COURSE TON $ 429.00 13.0 13.0 $ 5577.00 SUBTOTAL SURFACING $ 5577.00 TRAFFIC 4 6806 PAINT LINE L.F $ 19.35 100 100 $ 1935.00 5 6871 PLASTIC TRAFFIC LETTERS EACH $ 1465.00 1 1 $ 1465.00 1065.00 6 6890 PERMANENT SIGNING L.S $ 1065.00 1 1 $ SUBTOTAL TRAFFIC $ 4465.00 OTHER ITEMS 7055 CEMENT CONCRETE ADA 7 SPACE S.Y. $ 101.00 123.6 123.6 $ 12483.60 8 7083 CHAIN LINK FENCE TYPE 3 L.F $ 60.00 124 124 $ 7440.00 7097 END, GATE, CORNER, AND PULL POST FOR CHAIN LINK 9 FENCE EACH $ 241.00 6 6 $ 1446.00 7100 10 SINGLE 6 FT. CHAIN LINK GATE EACH $ 1235.00 1 1 $ 1235.00 22604.60 SUBTOTAL OTHER ITEMS $ SUBTOTAL BID OPTION $ 38,388.60 TAX 9.1% $ 3493.36 TOTAL BID OPTION $ 41,881.96 6 10. Request A Request of the City Council of the City of Ocean Shores, W... Page 36 of 39  75' 20'? Bench H2O Fountain NO 18'-0" PARKING 11'-0" 8'-0" 6'-0" 25'-0" 10. Request A Request of the City Council of the City of Ocean Shores, W... Page 37 of 39 10. Request A Request of the City Council of the City of Ocean Shores, W... Page 38 of 39  Remaining ARPA Funds Chinook Park Dog Park $ 20,190 Chinook Park Improvements $ 80,406 Total Remaining Dog Park and Park Improvements $ 100,596 Remaining Work Chinook Park KR Homes Bid $ 41,887 Landscape Structures Remaining Invoice $ 26,605 Misc. Prepwork and Removal of Swings $ 15,000 Total for Park Needed $ 83,492 ARPA Funds Remaining for Additional 2024/25 Work $ 17,104 10. Request A Request of the City Council of the City of Ocean Shores, W... Page 39 of 39