REGULAR CITY COUNCIL BUSINESS MEETING MINUTES TUESDAY,ULY26.016 ITEMS DISCUSSED 1. CALLTOORDER/ROLL CALL/PLEDGE OF ALLEGIANCE 2. ACCEPTANCE OR MODIFICATION OF THE. AGENDA/CONELICT OF INTEREST DISCLOSURE 3. PUBLIC COMMENT 4. CITY MANAGER'S) REPORT 5. PRESENTATIONS . PUBLICI HEARING A. CLIMATE CHANGE ADAPTATION REPORT, AB 16-101 -I LARA HANSEN, ECOADAPT B. KITSAP ECONOMIC DEVELOPMENT. ALLIANCE QUARTERLY REPORT, AB 16-102-JOHN A. ORDINANCE NO. 2016-06, REVISING AQUACULTURE. REGULATIONS AS Al LIMITED AMENDMENT A. ROCKAWAY BEACH OUTFALL CONSTRUCTION AWARD, AB 15-181 -I PUBLIC WORKS B. SOUND' TO OLYMPICS TRAIL CONSTRUCTION: AWARD (BLANKS), AB 14-096 - PUBLIC WORKS CONSIDER BAN ON USE OF SYNTHETIC PESTICIDES, AB 16-103 - CITY COUNCIL D. RESOLUTION NO. 2016-17, SUPPORTING FEDERAL ANDS STATE. LEGISLATION BANNING ASSAULT POWERS, EXECUTIVE DIRECTOR OFTHE SHORELINE MASTER PROGRAM (SMP), AB 16-046-PLANNING 7. NEW BUSINESS (PUBLIC COMMENT INVITED ON EACHITEM) WEAPONS, AB 16-104- - COUNCILMEMBER SCOTT 8. CONSENT. AGENDA A. CONSENT AGENDA COVER SHEET B. ACCOUNTS PAYABLE VOUCHER AND: PAYROLL APPROVAL REGULAR CITY COUNCIL BUSINESS MEETING MINUTES.ULY122016 D. ORDINANCE NO. 2016-18, BOATING UNDER THE INFLUENCE, AB 16-099-EXECUTIVE A. ENVIRONMENTALTECHNICAL ADVISORY COMMITTEE: LIAISON NOTES, JULYI 12,2016 B. PUBLIC SAFETY COMMITTEB, LIAISON NOTES, JULY 14, 2016-C COUNCILMEMBER SCOTT NON-MOTORIZED TRANSPORTATION ADVISORY COMMITTEE LIAISON, JULY20,2016- 9. COMMITTEE REPORTS - COUNCIEMEMBER ROTH COUNCILMEMBER ROTH 11. FOR THE GOOD OF THE ORDER 12. ADJOURNMENT 10. REVIEW UPCOMING COUNCIL MEETING AGENDAS 1. CALLTO ORDER/ROLL CALL/PLEDGE OF ALLEGIANCE7ZOOPMI and prepared the minutes. Everyone stood for the Pledge of Allegiance. Deputy Mayor Medina called the meeting to order at 7:001 PM with Councilmembers Blossom, Peltier, Roth and Scott present. Mayor Tollefson and Councilmember Townsend had excused absençes. City Clerk Lassoff monitored the recording oft the meeting 2, ACCEPTANCE ORI MODIFICATION OF THE AGENDA/CONFLICT: OF INTEREST DISCLOSURE 7:00P PM MOTION: Approve the agenda as presented. SCOTT/PELTIER: Motion carried. 5-0. There were: no conflicts ofinterest disclosed. 3. PUBLICI COMMENT 7:011 PM Noy public comment was offered. 4, CITY MANAGER'S REPORT 7:021 PM City Manager Schulze reported the City received an unmodified opinion (clean audit) from the State Auditor; indicated the Planning Commission will be continuing their work on the comprehensive plan update on. July 28; sharedi information regarding recent meetings in Port Townsend related to the work being done in. Jefferson County and their transition from PSE to. Jefferson PUD as well as several indicatives they have been working on for sustainable energy in their area and gave al brief update on work being done at Waterfront Park. REGULAR CITY COUNCIL BUSINESS MEETING MINOTES TUESDAY,ULY26.016 5. PRESENTATIONS A. CLIMATE CHANGE. ADAPTATION: REPORT, AB 16-101-1 LARA HANSEN, ECOADAPT 7:08P PM Lara Hansen, EcoAdapt and Stacey Justus Nordgren, Foresight Partners Consulting, gave aj presentation on their climate impact B. KITSAP ECONOMIC DEVELOPMENT ALLIANCE QUARTERLY REPORT, AB 16-102-JOHN adaptation report and fielded questions. POWERS, EXECUTIVE DIRECTOR 7:33 PM John Power, KEDA Executive Director, presented KEDA's quarterly report and fielded questions. 6. PUBLIC HEARING A. ORDINANCE NO. 2016-06, REVISING AQUACULTURE REGULATIONS AS A LIMITED AMENDMENT OF THE SHORELINE MASTER PROGRAM (SMP), AB 16-046-1 PLANNING 7:501 PM Deputy Mayor Medina opened thej public hearing at 7:51 PM. Senior Planner Carr provided briefhistory on thej proposed ordinance. She explained the public hearing would bel kept open until Amalia Walton, 2301. Alaskan Way, Suite 300, representing American Gold Seafood, spoke against the ban on non-biodegradable materials. She requested the City Council adopt the following revisions staff has made toi the ordinance 1)removing ban on commercial net] pen aquaculture it's been replaced with aj prohibition on commercial: net pen aquaculture in watert than 70: feet deep; 2) adopt two changes in the general regulations that help differentiate between shell fish and net pen aquaculture regarding beach patrol and marking items used in shore-based aquaculture; 3) adopt the deletion of the regulation that would require aj phased approach to operations which would be impracticable ifnoti impossible andi it would cause unnecessary long-term disruption in the community and 4) there is ai new regulation that limits total area of all: net pen operations to 15 acres and she asked that they adopt that language. She likened the ban ofnon-biodegradable materials as a defacto ban on net pen aquaculture. Betsy Peabody, 17249 Agate Street, wanted to work with the City Council to come up with a good community solution. She indicated ifthe City bans the use ofnon-biodegradable material that would be a defacto ban on both shellfish gardens and small- scale community farms. She noted information she has received shows that there is no evidence that the shellfish bags being used Marci Lagerloef, 10426 NE South Beach, focused! her comments on thei need toj protect the habitat for forage fish. She proposed that under Section: 5.2.5.1 (h) and () thel language should be changed toj prohibit permitting commercial in or on! known spawning sites. Jessie DeNike, 811 First Avenue, Suite 630, Taylor Shellfish Farms representative, stated his opposition to the adoption oft the limited amendment because it is inconsistent with the sciençe and the law pertaining to shellfish aquaculture and it fails to: meet the Wayne Daley, 925 Blue Heron, addressed the issue oft non-biodegradable plastic bags and suggested using al hemp-based product Adrianne Wolfe, 8409 Hansen Road NE, spoke to the ban on non-biodegradable products for shellfish farming. As an oyster gardener herself, she felt putting al bani inj place would discourage, ifnot make iti impossible, for other people to do what shei is Sandy White, 6953 Crystal Springs Drive, suggested that City Council try to: find a data link that says the bags are actually leaking bad material into the sound. He encouraged delaying a vote until City Council can really dig deep into the issue. Elise Wright, 10799 Billl Point View, felt that kayakers and canoeist may be impacted by commercial andi non-commercial aquaculture. She shared her concern on the use of floating structures and offt bottom culture bags. She cited in Section 5.2.4.2(c), the use ofeither bottom or offbottom culture, bags are allowed within the confines ofai non-commercial site. She would like those sites limited to 200 square feet as proposed. She felti ifplastic bags were to be banned or phased out, thei industry would to raçe to Lisal Macchio, 5315 Old Milll Road, thought when the City writes a regulation, they should be as clear as possible as to what they mean. She asked the City Council finalize the ordinance in September rather than the following the continued publicl hearing on August 23. Public Comment are contributing to micro plastics. She noted there arei no alternatives to those bags. criteria necessary toj pass a limited amendment. made from coconut called coir instead. doing. find an alternative. August 23. 2 REGULAR CITY COUNCIL BUSINESS MEETING MINUTES TUESDAY,ULY76.016 Garth. Jacobson, 10057 South Beach Drive, said this issue comes down to taking an approach that isi reasonable and finding compromise. He asked whether these were actually limited amendments, as they seem tol bei more solutions than problems. Deborah S., 9953 NE: South Beach Drive, shared that shei is ai recreational shellfish gardener. She spoke toj process and encouraged the City Council to make sure there is an actual problem here that this would solve andi ifso there should be some kind oft transition Maradel Gale, Winslow resident, believed this is not a defacto ban. She spoke tot the use of coir rather than plastic bags as well as micro plastic pollution having a huge impact on fish andj public health. She requested that all the materials she submitted to the City Andy Rovelstad, 3001 Morrill Place, was totally amazed by the amount of plastics on the beach and felti it was appalling. rather than an immediate defacto ban. Council and to staff over the course of these months be entered into thei record for this hearing. Deputy Mayor Medina closed the public hearing at 8:381 PM. Councilmember Scott did not believe the stated goal was to be tougher but rather smarter andt take all thes scientific and public input that we get to come up regulations that are more effective in all respects- particularly in implementing the Shoreline Management Act. He was also troubled by the repeated references ofthe phrase "defacto ban" and objected to the use oft that term which tends to stop reasoning. MOTION: Continue the public hearing on Ordinance. No. 2016-06, Revising Aquaculture Regulations as a Limited. Amendment to the Shoreline Master Program to August 23, 2016. ROTH/BLOSSOM: Motion carried. 5-0. Councilmember Blossom supported comments made by Councilmember Scott. raised about documenting the effects of plastics in the environment and offering alternatives. Deputy Mayor Medina said he would be happy to forward any studies along that folks would like to see. Councilmember Peltier hoped everyone would be thinking about! how toj phase this in and really take tol heart some oft the comments The public hearing was continued to. August 23, 2016. 7, NEW BUSINESS (PUBLIC COMMENT INVITED ON EACH ITEM) A. ROCKAWAY BEACH OUTFALL CONSTRUCTION AWARD, AB 15-181 - PUBLIC WORKS 8:45 PM Public Works Director Loveless introduced the item. This stormwater drainage improvement project includes installation ofp pipe, catch basin, and piping work within an easement and outfall at the beach bulkhead. Work within the easement will require removal Bids were solicited through thel local newspapers and the bid opening willl bel held on. August 3, 2016. The apparent low bidderi is TBD in the bid amount of$ TBD. The engineer's estimate is $150,000 to $165,000. Staff has reviewed the bid documentation and contractor's qualifications and recommends that the City Council award this contract to TBD in the amount of $TBD. and relocation ofar retaining wall and storage shed and replacement ofl landscape materials. MOTION: Imove that the City Council forward the Rockaway. Beach Outfall Improvements construction awardto TBD in the bid amount of TBD to the August 9, 2016 consent agenda. PELTIER/SCOTT: Motion carried. 5-0. Noj public comment was offered. B. SOUND7 TO OLYMPICS TRAIL CONSTRUCTION AWARD (BLANKS), AB 14-096-PUBLIC WORKS 8:48 PM Public Works Director Loveless introduced the item. This work includes construction of an approximately 0.8mile segment ofthe Sound to Olympics (STO) Trail along SR305 from Winslow Way tol High School Road. The trail incorporates an existing non- motorized bridge located at Ravine Creek. Work also includes clearing and grubbing, excavation and fill, retaining walls, landscaping, surfacing, paint striping, signage, and other related work. Bids were solicited through the local newspapers and the bid opening was held on August 16, 2016. The apparent low bidder is TBDi in thel bid amount of$ TBD. The engineer's estimate is $1.85M to $2.25M. Staff! has reviewed thel bid documentation and contractor's qualifications and recommends that the City Council award this contract to TBD in the amount of $TBD. 3 REGULAR CITY COUNCIL BUSINESS MEETING MINUTES IUESDAY,ULY26.06 Public Comment look like. Charles Schmid, Association of Bainbridge Communities, commented on thej project's visual character. He requested that the request for proposal contain a section for funds orj plans to replant some 250 or so trees that are being removed. Public Works Director Loveless indicated there are landscaping plans however he would need toj provide more detail as to what the drawings Councilmember Peltier voiced concern about the number oftrees being removed ands supported slowing the project down tol look ata alternative methods to construct ai trail that removes fewer trees. MOTION: Imove the City Council forward discussion oft the Sound to Olympic Trails construction to aj future. study sessionj forj further discussion. PELTIERMEDINA Councilmember. Roth did not see any point in slowing the project down and thought we needed to get on with it and build the trail. Councilmember Blossom felt given that the project has already been designed it was kind ofl late to bring this up but wondered if there was a way to work with the contractor to minimize thei impact. City Manager Schulze indicated the contractor submitted their bid based on the current design andi ifwere to try to go back and redesign we are certainly not going tol be able to thati in thet time the bidi is still valid. He added that is not to say that we could notl look atl how we might want toi mitigate the tree removal outside the Councilmember Roth recalled most of the funding for this project comes from federal and regional agencies and the requirements Councilmember Scott understood that even beforel his time on City Council considerable work went into the planning of thet trail and he trusts that al lot of attention has been paid tot trees. He was not ini favor of turning back the clock as it would undermine the Councilmember Peltier asked whether there was urgency as far as the need to make a decision to which Public Works Director Loveless indicated therei is a strict deadline. Councilmember Peltier said he would like to at least have time to go out and see where Charles Schmid said he did not want tol hold up the project and that his only request is to make sure the bid provides adequate construction oft the trail. for the width oft thei trail is something the City cannot change without jeopardizing ifnot losing the grant. work that's been done andj potentially. jeopardize the funding. the trail is going before he votes in favor to proceed. landscaping, Deputy Medina indicated he would not be voting in favor oft thei motion he seconded earlier. The motion) failed 1-4 with Councilmembers. Blossom, Medina, Roth and Scott MOTION: Imove the City Council forward the. Sound to Olympics Trail construction bid in an amount ofto be determined: to the August 23, 2016 consent agenda. voting against. SCOTT/ROTH: Motion carrieds 5-0. Councilmember Roth suggested that City Council have a discussion oni non-motorized improvements with respect to trees and the environment ata a future study session. He added ifthisi is a conçern and we have these conflicting priorities, it's better tol havea ( CONSIDER BAN ON USE OF SYNTHETIC PESTICIDES, AB 16-103- - CITY COUNCIL9:04. PM generalized discussion just tos scope it out. City Manager Schulze indicated state law preempts City authority to regulate use of pesticides. No public comment was offered. actually discouraging the use. Councilmember Peltier suggested thet topic be thes subject ofai future study session because there might be some alternatives to D. RESOLUTION NO. 2016-17, SUPPORTING FEDERAL AND STATE LEGISLATION BANNING ASSAULT WEAPONS, AB 16-104- - COUNCILMEMBER SCOTT! 9:061 PM Councilmember Scott introduced the resolution. 4 REGULAR CITY COUNCIL BUSINESS MEETING MINUTES TUESDAY,JULY2 26,2016 No public comment was offered. MOTION:. Imove the Cily Councilj forward. Resolution No. 2016-17 to the August 9, 2016 consent agenda. SCOTT/BLOSSOM: Motion carried. 5-0. 8. CONSENT AGENDA 9:12. PM A. € CONSENT AGENDA COVER SHEET B. ACCOUNTS PAYABLE VOUCHER AND PAYROLL APPROVAL Accounts Payable Manual Check Numbers 341964-341976. and Regular Run Check Numbers 341977-342080 for a total of$314,176.30. Payroll Direct] Deposit Check Numbers 036365-036483, Regular Run Check Numbers 107707-107711, Vendor Check Numbers 107712-107724 and Federal Tax Electronic Transfer for ai total of . REGULAR CITY COUNCIL BUSINESS MEETING MINUTES, JULY 12, 2016 Deputy Mayor Medina requested the. July 12, 20161 minutes be amended as follows: Vote on item 6B was shown as a unanimous vote however hel had abstained for that vote. He did not think to speak up D. ORDINANCE NO. 2016-18, BOATING UNDER' THEI INFLUENCE, AB 16-099- - EXECUTIVE $486,963.53. at the time. The minutes were amended to reflect this change. MOTION:. Approve the consent agenda has amended ROTH/SCOTT: Motion carried5 5-0. 9. COMMITTEE REPORTS 9:13PM COUNCILMEMBER ROTH COUNCILMEMBER ROTH No additional reports were given. A. ENVIRONMENTALTECHNICAL ADVISORY COMMITTEE LIAISON NOTES, JULY 12, 2016- B. - PUBLIC SAFETY COMMITTEE LIAISON NOTES, JULY 14, 2016- - COUNCILMEMBER: SCOTT C. NON-MOTORIZEDTRANSPORTATION ADVISORY COMMITTEE LIAISON.ULY10,06 10. REVIEW UPCOMING COUNCIL MEETING AGENDAS 9:131 PM policies. He then reviewed the upcoming calendar through August. City Manager Schulze reviewed the August 2, 2016 study session agenda. He suggested City Council might want to consider addressing tree and vegetation impacts during the upcoming comprehensive plan discussions related to non-motorized goals and Councilmember Blossom shared her conçern regarding not having enough time during the comprehensive plan review to discuss potential rezones. The topic willl be added to an upcoming study session agenda. 11. FORTHE GOOD OF THE ORDER 9:23. PM community desires for us toj pay more attention to. 12. ADJOURNMENT 9:26PM Deputy Mayor Medina adjourned the meeting at 9:261 PM. Councilmember Roth hoped to see in the upcoming biennial budget what thei implications are for additional staff or consultants as best as we can to implement those things that need to be implemented as soon as possible. City Manager Schulze indicated staffis giving a lot oft thought to staffing needs, focusing efforts on implementation of the comprehensive plan and what we hear as real Val A Ibsalind 1040 Rosalind D. Lassoff, City Clèrk 5